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_192,;92 t r ield representativeasked the point-I~ ->-~- -=-<--- -~- - - -- 4 . ..._._>__ _'r.<.._-<.
Memorandum to Mr. lblson.
Re: Edmund G. Brown
Attorney General
State of California
calculated in the absence of population estimates by the CensusBureau_from individual places from which we received crime reports.
g 957, _of our smisiicazSection in Ehiladelphia and requested specific
criticisms of the Dhzform Crime Reports. After considerableconversation- admitted we should continue to calculate ourrates as.we now do, and the only real suggestion had to do with the
elimination af statutory rape, which has been done.*6
several hours
onversation
Illpand
e occasions
to what suggestionsOn December 4, 1957; spent
at the Bureau of Criminal Statwzthiof the S
e a z ornza Bureau has as to improvement or changes in theUniform Crime Reports and received no suggestions from them. It
should be observed that mm. Beattie uus out of the city and not
available.
Beattie, in his letter to Schrotel, changes his positionslightly in connection with the use Qf 1950 census figures andcriticizes their use because the "published rates are unjustifiablyused beyond their true validity even though readers are specifically
cautioned that this should not be done." He goes on the suggestthat it might be better if the crime rate tables be eliminatedaltogether if current population figures are not available. IhisI problem is being covered in the report of the Consultant Cbmmittee2 on Uniform Crime Reporting. Also, the Director has instructedg that we are never again to use the 1950 census figures in the
I Uhiform Crime Reports bulletin.
RECOMMENDATION
The letter from Attorney General Brown itself does not
indicate a reply should be made, and to initiate any furthercorrespondence on the subject of Mr. Beattie's letter to Schrotelwould unnecessarily continue an argument over one word "unjustifiably"
resented in the annual publication of the State of California.Uhder the circumstances, it is recommended that no action be taken.
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ATTORNEY GENERAL
_ STATE BUILDING
" SAN FRANCISCO 2. CALIFORNIA
August l, 1958
Mr. J. Edgar Hoover
Del Charro Hotel
San Diego, California
Dear Mr. Hoover:Your interview with the San Diego Union has»,7L_ been called to my attention. I had seen it before ID saw you at? home last night. I would haveliked to discuss it with you at that time but felt' that it would be improper to do so at a social occasionsuch as the very pleasant evening we had together.
I do want you to know, however, that I never,at any time, any place, anywhere, have criticized thestatistics of the Federal Bureau of Investigation. Ihaven't the slightest idea where you obtained the in-formation that I had made any critical remarks at all.It is true that my staff in the Bureau of Statisticsstated that the FBI statistics were based upon the1950 population, but this was not in any manner what-soever meant to be derogatory of the great work thatyour bureau is doing in the field of crime. ,2?
6/ We have so much in common, and I am engagedin such a difficult political campaign, that I regretvery much that you felt it necessary to criticize mein a very unfriendly newspaper. -
A I do hope that I have the opportunity todiscuss this with you personally at sometime conven-ient to you. ~ Q J r ;f .-~ ¬?/$7
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OFFICE OF DIRECTOR, FEDEEAL. BUREAU OF INVESTIGATION
TO
OFFICIAL INDICATED BELOW BY CHECK MARI . -7' _' ' ,.' < .'92 ~ .1 ."1//Mr. Tolson _ _ t! ' »
Mr. Belmont/"I , !Mr. Mohr _x~ -" Mr. Nease __________ I ~"/./Mr. Parsons __________§--
Mr. Rosen _________.;~-- _Mr. Tamm _____.,--~Mr. TrotterMr. W. C. Sullivan
Mr. Holloman _________?_._--
Miss Gandy ____f____¬,4
See Me _ _
Note and Return _____--
Prepare Reply ____________--
For Your Recommendation
What are the facts? _______--
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..,_,,=0]7i6'6 Memordndum - UNITED GOVERNMENT?-_ ..._ A-.._._._-E.-_..»-_A_.._.
IYMDARO IZII Q.
-ro = Mr. A. H. Belmont Gbb-92 DATE December 12 958
- I nlFROM = W. C. Sullivanul/V , ii-nN
' /-/__ ix?! Rise Mil
CALIFORNIA GOVERNOR-ELECT A. . T; IR» m-~ INFORMATION CONCERNING he A _ .Holloman .__
_ Gundy ____CENTRAL RESEARCH MATTER /
n ,-SAC San Francisco advised that former sA_a_;&o1¢=_s£_i;¢Robmagn;currently Deputy Director of the Division of Criminal Law and Enforcement for
the State of California, had commented concerning the stand of Governor- elect
Brown on the subject of capital pimishment. Brown's final report to theCalifornia Legislature as Attorney General recommends that consideration ofcapital punishment as a deterrent to homicides should be faced squarely and
should be the subject of continued study. According to Robinson, Brown feels
that a history of 86 years of capital punishment in California has not proven it
to be an effective deterrent to homicides.
It is noteworthy in this regard that the 1958 California Legislature
rejected a proposed discontinuation of capital punishment for a trial period. Current Developments in Criminal Matters--Crimdel--San Francisco, 12/9/58!
For information, it is noted that former SA Harold G. Robinson
served as a Special Agent from 1934 to 1941. He resignedvoluntarily indicating "
that he might be persuaded to withdraw his resignation if there were anopportimity for reallocation. He was rated as an average but not outstanding
agent. He served as an investigator on the Truman and Kefauver SenateCommittees and in recent years has been a principal aide to Attorney'?General
Edmund G. Brown in California. 7-33228! =:. Q
RECOMMENDATION:
;'
For the information of the Director. d 5.1":
- Section tickler 1.;- w. E. O'Neill- Mr. Belmont ' .- Mr. Rosen , " 1' / .7 1 -1; _,* //Z
- M1. M 111 ' _;4 .@./1*-' ---.. H- Mr. Ngase K!/' 4"'§1g'»;. R55 1 3.-.
6 6 FEB 201959 C151-:'E1_..E92:L R H
/
oit - UNITED GOVERNMENT~ T6 ="' 'D'irec'tor,' FBI ""-" Mg, ~_.vK.. ._Z//%§om = SAG, San Franc igo * .
-_ " svB1écT= Enumvo 0. "PAT" BROWN 92/aovzawon _ ;sum or cm: IFORIVIA .:
CONTACT WITH
n 3" _{! ' On the afternoon of January 27, 1959, I called upon _- Governor BROWN in his Sacramento office. V . 1%
' '-.':1'-:I~:.-I- Y = ' ' ' ____.__._._ .1- i.',L§{r"i-F .~ ._ . ,..--'-¢ » :5 .~;r , ___ - I was graciously received by the_Governor, and he H.
"He-»Féda-ja1 Bureau of Invest igat ion and the San Franc z'sc"¢.i"~-office.
.~ ','.r1',:¢<§ - .also expressed, in a complimentary manner, his personal feel ings' enthusiastically expressed a desire to cooperate freely with ti
concerning the efficiency of the Bureau. -
- 92~92~ ' _ I discussed with the Governor the details concerning theYoung American Medals Awards for Service and Bravery. q I also _-advised him of the Bureau's desire to cooperate with his office on
92 matters of a mutual interest. ..
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",".,;{" "ow- UNITED GOVERNMENT
TO = MR. A. H. BELMONT DATE August 27. 1959
' Tolson ___._
Boardmon __
Belmont ___._
Mohr _
N FROM = MR. G. 11. scATmERDAY¢,gp|-L
P:f::ns_:Rosen ___._. ~w»1w= EDMUND oE§ALo?@§oaN, also T
'? ~ known as Pat~mm;gagi_ -s oovmmon OFTJALIFORNIA Rams .°" HO,,°mT_
Gondy - mm c1-nacx nnoossr Q1? n,g,°§'§n%~.. M, f
" OIThe Name Check Section has received = lquest from NaIthe results of any investigations conducted by the FBI concerning thecaptioned person. Commander J. L. Rutledge, Office of Naval Intelligence,on 8-27-59 advised that his office was not aware of the reason for the
request which originated with the District Intelligence Office, 12th Naval
District, San Francisco, California. Comander Rutledge speculated hat
the request could possibly be in connection with some tour Governor w
would be making at a naval facility. I ,omm _i.
Trotter __Z
W.C. Sullivan _
Tele. Room .__
'92Bureau files reveal that Governor Brown has never been+ e i-lgated by the FBI. In an article in a California newspaper under date of
7-l6-58, Brown, then Attorney General of California, charged the FBI
Uniform Crime Reports presented California in an "unjustifiable and
unfavorable lhght" because of the manner in which the statistics were
compiled. He subsequently stated the article was not in any manner
meant to be derogatory concerning the "great work" being done-by the FBI.
Our files also reveal allegations received in the past indicating Brownsought the aid of communists and comnistinfiltrated organizations '
during his political rise. In l9h5 he reportedly opposed the deportationof Harry Bridges, a west coast labor leader accused of membership in the
Communist Party. On a Personnel Security Questionnaire submitted to theAtomic Energy Commission in July, 1959, Brown admitted past membershi 92in the National Lawyers Guild NLG! in l9h6. An article in the "San ?Francisco Chronicle," a California newspaper, under date of 8-9h9, 5
announced Brown had been elected vice president of the San Francisco.
Chapter ofethe Nlt The NLG has been cited as a communist front by eHouse Committee on Un-American Activities. ¬
The Atomic Energy Comission is presently considering whether
or not it will require an investigation of Brown by the FBI in view of
rown's position as a member of the Board of Regents at the University
of California, which position holds a high degree of importance and
ensitivity under the Atomic Energy Act. The Atomic Enrgy Commissio
Security Director, John A. Waters, on 8-12-S9 advised our liaison rep
sentative that the matter had not yet been decided but that he, Wate
would let the Bureau know as soon as a decision in the case beenreached at AEC. ll6-M42786! REQ. 35 ,/»;.:-_;.j1i -/ "7é,g M it, {J 11 - Mr. Belmont _ __ 92,,1 _ 1 -% 1 bgi1 - Liaison Section Y /'i'» l - Name he ec%?on 9 "
l - Mr. Roderick ':1§ ___._ ___1 - ~7" "" 1&1_;{*¥"i?21;:f;]b:_,,!,Z" /XLMJ
,__ . ~........ . . . _ _...__-._. . . A. _ . - -r. ._ ~
W - -~-_.»
Memorandum to Mr. Belmont
RE: EDMUND GERALD BROWN
ACTION :
if * Inasmuch as Navy requested specifically only the results oflinvestigations conducted concerning Brown, the name check request is____~___;__;;;.; being answered with the statement that the Bureau has conducted no
investigation concerning the subject of its inquiry.
'.-.».-'1 .~.-_J~-awn *1. J - ~
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REC QMMENDATION:
For informa t ion .
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EDMUND G. Esfzowu - _ _ |~ .==%~ ¬ 9292
ra_¢;,"
.%i.1t¢ nf L_,a-z1ifn1~1zi;-1 _-~._~ /5;
GOVERNOR'S OFFlCE
SACRAMENTO92_/W
K r. Tolsrm
Mr. Dc-Imp
I~' L~1~--v
September 3o, 1959 "
.__
I 3118.- ..
R,@L!__
_Honorable John Edgar Hoover, Director <*@;;
Federal Bureau of Investigation _ Tdmlkwl
United States Department of Justice MnIk3mmm_
Washington, D. C. MHsGwm1__.
My dear Director: - - ""-"*--
Let me convey my thanks and personal appreciation , E}; Qtqaaic
for the copy offthe Uniform Crime Reports of 1958 ,
and your accompanying letter. I will certainly be
interested in studying this document.v . -
As you know, throughout my years as District Attorney
and Attorney General I have had a deep interest in
criminal statistical reports, and the greatest respect
and confidence in the Federal Bureau of Investigation
under your directorship. It is a matter of deep
regret that misunderstanding should have arisen in
the interpretation of the facts, the true meaning of
which is of such grave importance to the entire
country. I am sure that Attorney General Mosk is
likewise gravely concerned with a true portrayal of
the crime picture in this and in other states, and I
shall personally ask his office to reexamine both
sets of reports.tea
May I reiterate my confidence, both in you and the
Bureau, for the splendid work for which we are all
t . ~ . , so gra eful // _ y/K, g I
/ 1 ,¢_;', m7 »./ X -with kindest personal regards . In ___ 57
Sincerel 2p D/I y /11 4 *7 Y3"§a . __3 OCT 8 ea p
_ ;I§- x-92 * Q;B_Ql*_'I§_P_§D___G._ BR_ow_;g_, Governor .
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92 r-_ ._ - . __ HI t. 5 E. __.:; ;1_:: 0
r .; OCT 2 i959
.. _v~92:,l' ;$.STANDARD FUR" @. Q Q], E
Oié Memorandum - UNITED STAIES G
To , Mr. HOOVER pm. 10/1
._ = $.40 AUERBACH f_::7
/* SUBJECT: covzmvoa gzwulvp _c. "PAT" many ,§§,j ?°?° ~----~~-~:
I_am sure you will be amused at the fact that I had wcsmnwnallegedly ten-minute courtesy-call visit with the Governor t RWm____in order that he would know me. This stretched into an hour Gm£?1-he found that he had met me several times before thoughnot recall the instances. D-7L p
edIt was the usual courtesy situation which rap y developinto general conversation and opinions back and forth. gut onething was his comment, "I am sure I have been off base with youross. Hells bells I had enough trouble with the campaign withouttrying to take on the No. l important official of this country.I just had a new letter from him this was the Bureau's letterto him about the annual statistics! and it looks like everythingis all right. Gee, I hope I didn't forget to answer that one and
I must see about that right now!
BROWN is very cordial and, while I will deal with circum-spection with him, it would appear that he is very much aware ofthe prestige and authority of you and the Bureau. In fact, thiscame out very plainly in his recent selection of members of astate commission known as the Lnimum Standards and EducationCommission on Law Enforcement. All of the appointees are friendlyto the Bureau and all five of the law enforcement members of the
Commission are National Academy graduates. y
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URGENT 2-9-so 10-as AM PST vac ;
1' __Iigpbxazcroa, FBI N
FROM SAC, SAN FRANCISCO 1 P TLIETT
IMMEDIATE ATTENTION.. ASSISTANT DIRECTOR CARTHA DE LOACH 'Y {V 7
GOVERNOR EDMUND G.'BROWN, INFORMATION CONCERNING. BUREAU ADVISED SACA 92O'V» c0N1"AcT Aw: To MAKE
SPECIAL ARRANGEMENTS BY CANCELLING SEVERAL OTHER APPOINTMENTS TO
ENABLE ME TO HANDLE THIS MATTER TODAY AND I HAVE APPOINTMENT WITH
GOVERNOR THREE THIRTY PM TODAY AT SACRAMENTO. BUREAU WILLfDE .I
ADVISED OF RESULTS. I
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VISITORS T0 men ctnmm COU192TRIES
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ReWFOairte1 to the Bu eau dated 1/27/60, captionedEMIKHAIL A. BENSHIKOV; IS - nT__f@,,.!
Enclosed for the Bureau are five copies an for
San Francisco one information copy of a
dated and captioned as above.
<¥%%& first informant mentioned53- wand the inforxaation furnished
letterhead enclosed with reairtel. The
the memorandum is a highly confidential
powe and because information fro informants could reasonablyanonym ns§.'V .¢%lE2 The closed nenorandum has been classified Confidentia1 F?
resdég in the identification of informants of continuing valueletterhead memorandum
in the nemorandnn is
was set out in a
second informant in h
source documentation
and compromise the future effectivenessfthereof.{?
Infornation cop furnished SF inasmuch as further
information relative to t is matter nay cone to the attention
of that office. CL§$mFm"_mW:92v;'M
ii, Bureau Encls. 5! '_ "PP¬_ ' jgigégézngiqgqggQ San Francisco End. 1! Info! AM!
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In RE,->5 Please Rqferto "smN°T°N 25' CF16 N1» ;:=:::-Ez;¬;'-15:5: u/6Q? ' LL: 4/ .~SZ¢2;/_.____ February 4, 1960 - ~- %?/. <§~»'=77g-'--..
The Xlecesber, I959, Diplomatic List, gublished bythe United States Bepartment of State describes ikhail A. _Menshikov as kabaasador, Eabsssyoi fie Union of Soviet SocialistRepublics USSR!, ¥1ashingt-on, mtg!- /The 1958-1959 edition cf "Wha's Who in America ,ascribes Drew Pearson as a newspaper carrespandsnt and authorgaythe newspaper colmn "Baily dashington .'v&rry-Go-Round since
O_ The January, 1960, "Cengressional Directory listsE, _ I as we Gmrernér sf the state of California.
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_....
_. IAnother confidential infomsst. vim has fursished. reliable inf-orsatian in the past, learned on February 2 1960mg: D1-as Bearsoa had informed biensh-ikev that siace their lmén
_ he had talked farther with Governor Brown and lestned that the' Guvemor definitely desires to visit Fioscos, USSR spproxiaatelin the middle of A til, 1960. Pearson plans to gs ta iioscow wiihovei-nor Brown. Wu.!
_ According to the second infomaat, Pea:-sen formallyrequested Menshiknv to arrange for Pea:-sun to have a televisedinterview with Soviet Prater Rikita S. n-ushchev in aboutmid-April. Pearson pointed out that he woald sabsit questionsin advance and would like to use Soviet technicians and camera !men. He pointed out rm such an interview, coal befare" the P Summit Conference, would do much toward prosetingnatter lmdev
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standi . Pearson $%g¢8t¬~d that Governor Brown be included in then§ntex-view and urther sggasted that zrmshchcv askBrown qllestiuns about the-Unit "States and that ta, Bea:-san.aak quest1on_s'ot- both ma. Pearson described Governor Bram .as am -of the 1ead£n,g;Catho1£cs in -the United States whq Ata-a_ve st re Iiever in verld. peace and cooperation with u awa
This dccument conluim neither
recommendations V -' nor concl 1the TBI. I: is the property Om; of&e F31 and is bcned to you: czgency;it and its ccnzcnu cze um K; 59distribuled outside your ugenty,
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. . ~-* / 10]7'ZC6 Memomndum - UNITED STAT éovan
-I0 = Director; FBI IMMEDIATE ATTENTION: °*"= 2/10/
4 I.92 _' 7~92an
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_ 4 .M ._ ASSISTANT DIRECTOR c THA nn LOAC ,_M,__ Q5;
.I92lr. Trot-' --
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5 EDMUND c'.>BRowN» {92 _ __ ,_ 1_F <5; ' GOVERNOR OF CALIFORNIA " J ~ 1;= sAc, San Francisco " yr g
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H ' Instructions of Mr. DE LOACH to see the Governor cdhMiss Gandy
an English examination question of UCLA published in the L95 Angelesq-
A newspapers. 4 ~" s Wthrough SAC Contact 1the Governor, '50 that
me. I was-taken I-1" MC.s " ze arran ements
to
._ e was ab e 0 rearrange his sc e u e to see M _through the back way into his personal study so we would npt be
noted specifically that all I had to do was to indicate thatjtheDirector had something on his mind and it made no difference whathis personal situation was he would change it to try and be gfassistance. "=92
4L, .
I reviewed the situation from the exhibits I had, i.e%} copies
thatof the Los Angeles newspapers, whereupon itsolutely no knowledge of it. He called
to whom it had been routed and £o1_éen illjand out of the office for the past three daysnothinghad occurred. He then called in his two personal secreand raised the devil with them for not even having the communicaacknowfedged. He took up the point that I had made aboutto the American Legion which had authored the letter and told' secretaries that he was much disturbed that no action had beenHe said} "I'll bet this}kind,pf}thing wouldn't happen in Mr.outfitgg At that time he-wet_bn to lecture them as to what, the Bureau and the American Legion think of his group if the rou
= i were as sloppy as tHis*situationf;etc. I _ _X .
92
ii *?;§&'1' He then got down to business and he stated he would seev§;an answerin letter which would'be available~to§the press, went toda toés he felt that the question was obviously-. Y"loaded and said that it was a terrible thing to indoctrinateI this way; that the FBI was wpqderuékandgaas a mktterfpf fact, hesometimes wondered why we drdnt Ext itb more situations than we did i' disturbed and so that the nine people waiting for him would not kn? he was even in his office. We spent a moment discussing about the? ' fact that he was arranging a six-hundred-million-dollar allocatioi 1??-in the next seven years for California highways and that it was not §I_ nearly sufficient. He noted that the situation must be important t O'drive 100 miles through the heavy rains to handle it right-away an~q~
lu Los Angeles .» A 0 - ,,_=._ _"i} -a_ A 4l San Franciscjz I8 FEB I¬g5Q_,_ '1.-jg
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as we were obviously needed. He went on in considerable detail to
1state that he felt that this was a completely unfair situation and
.. that whoever did it didn't have any experience from which to draw.
-_He said that in his own past law enforcement experience as a prosecu-A ting attorney and as Attorney General he had found that withoutexception the FBI's policy was impeccable and he had wished a number
of times in those capacities -- and now - that he had an organization
half as good.
The Governor stated that his assistant,
write the communication and gave instructionsmake a copy of the letter to immediately a to theChancellor of UCLA for immedia e ac ion. He said he would not have
the communication directed to President CLARK KERR as KERR is travel-ing in Latin America. Further, he said he would not wait until the
next meeting of the Regents, which is 2 23 60 as he wanted this
thing done right now. He instructed 0 call the Chancellor
and tell him that he would appreciate an immediate investigation be
made to fix responsibility and authorship of the question and tospecifically ascertain "what the man had as an alibi" for such a
question. He also toldto make it clear telephonically to
the Chancellor that the Governor was having enough trouble with theUniversity's budget at this time and didn't want to incur the wrath
of the FBI as an additional handicap. He then turned to me and said,
"There'1l be no fight on the matter but I have to be careful about
the situation. I have usually made it a policy not to try to tellthe University specifically what to do unless it is directly in my -
capacity as Governor concerning fiscal matters. He said, I have
had a number of fights with the liberals there because I feel that
they are not helping the reputation of the University but jthey arevery sensitive and actually have Constitutional rights and privileges
that I cannot invade. Instead, I act in concert with the regents
and they usually go along with me." 'would
was to '
him a "copy of your Dallas speech wherein you decried the problem ofa national police. He was-quick to note that he was friendly with
Senator Lyndon Johnson after I pointed out the circumstances ofthe purpose of the speech. I also gave him a copy of the Law Enforce-__ ment Bulletin for October, 1958, and referred him to your editorial" about the danger of a national police force, as well as your comments_ on Page 5.therein as to the speech you gave before the ABA at Los.__ Angeles that summer and noted-the country-wide coverage of the
situation throughie Bulletin and the ABA. . *_E To help the Governor andin the answer, I furnishet
_ 2 _A
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I
92,1L" ~» We c osed off the
you personally asfeel free at any time to advise him of anything in which you thought
Y.1I told the
this situation
he could be offollowedGovernor that we were getting "inquiries" about _
the Los Angeles area in order to try to insure that
through to do what the Governor instructed}meeting with the fact that he also intends to write
to the situation and that I should continue to --in
assistance as he would be only too glad to do so.
His final comment was, "Someday when you and I both have a littlelmore time it would be nice if you would survey my staff and put _some.
FBI procedures
I shall
Mr. DE LOACH's
office to help
In viewinto effect!" '
follow up with the press here in accordance withsuggestion so that inquries are made of the Governors
insure that there is a follow-through. , n »
of the past history of the Governor with the Bureau,
I was very much impressed with his obvious desire to be of assistance,
his cordiality
amount of obviously important matters to
general sincerity. There is no questionhe broke off a considerable
see me immediately and his
from his comments -of hisas shown by the fact that
continued admiration for you personally.
. '7"-s§_ _
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EDMUND G4 Bncwm
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.':'ACF%AMENT'J
J.oe 1.Qf_LOl"aC.Le U. ,.'.ub2. -. VDirector, Federal Bureau of Investigation
4950 jt Place
. D. C. asningzon 6,
Dear Mr. Hoover929292i e
Your special agent in charge of San Francisco,Hr. Richard Auerbacn, was in co see me today
in connection wizn derogatory statements con-
tained
in our
I nave ordered
zne person who
and as soon as
cate wizn your
I aoereciate *our direcclnr H- J 0
Sincerely J -
-l'1"¬ .. ,.92id 92 ;in questions submitted to young people
univevsicies.
an immediate investigation of
was responsible for the questions,
iaczs 1 will communi-92
1 have anv
local people.
EDMUND G. BROHN, Governor
92:>92e W13 3? 92a.' J aL11; S oO - attention.
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25'?» 75
P Ifi;/X '
6
Honorable Edmund G. Brown
The Governor of California
Sacramento, California
My dear Governor Brown:
Your letter oi February 9, 1960, has been -:-1 Tl.
received, andl do appreciate the interest which prompted __you to write. ~33
- Mr. Auerbach has advised me oi his conversa-
tion with you concerning the derogatory comments about the FBI'" 17, was
AIRMAIL
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contained in the aptitude test at the University of Cali!ornia.__ I 1..do want to thank you tor your thoughtful consideration and wting -t
ness to talk to Mr. Auerbach. It is indeed most encouraging-to
all oi us in the FBI. 3
I was amazed to learn that such an unlair aiid grossly
misleading question was included in the University test. .
This question categorically characterized the FBI as aihationial police.
Hence, students were being confronted with a compietefialsehoiyd
under the guise oi alleged truth. The very essence oi free society
means that error must be corrected by the true facts.
v-'-,-_-- -- _._ ._ . _-_> _.....--_._--MAILED 27 E _ Vlkil;2 " . .E '-5" D ' §
92_» ..
/, '- I_Q a3. U
Tolson i
Mohr L
Parsons i
Belmont _i____
lnhon i
-ch ________
.- '<T. A" 1~ -- -. , 1. . l E" z 92 $3 '1 - San -;E c]_._0§ure1 _ 4
NOTE: Bureau has had cordial contacts with Brown, though in 1959Sincerely yours, _ ' "
I.1. , ,-v-as ~. - ;j;"_} .- _S_/,3"-1K _. .
92
r92 . In ILos Aixigelesg Iiinosure
we had some tdiéfelulty concerning crime statistics wit members of .
h1S state administration. 2-76249!92":7*92'L 92 A '
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UNITED STATES GOV] MENT'Mé'r/'20rana'uAm " *
1'0 :MI. D. J. P3ISOIlS " ' DATEZ February 24, 1960
:' ,3.1 '
FROM 2M1. A. H. Belmty- Mr. Parsons
- Mr. DeLoach
- Mr. Belmont>- -. _ » ._ t~'.._4-.>A¢. ' u&.n3t.:.'...an..92..A.-
Toison _____._
Liohr __¬.___-
Parsons __j_.
Belmont _.¬A-'
Cczl hun -"
>ach___.one ____.
McGuire _____
Rosen ____i-
Tam: __,_
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T 1; Room ___
Ingram ___.__
Gondy ______
@ - Mr. Baumgardner
suspect: EDMUND AG. BROWN -
GUVERNUR UP CALIFURNIA
INFURMATIQN CONCERNING
CMINFIL OF THE COUNCIL OF
DEMORATIC CLUBSINTERNAL SECURITY C
0Mr. O'Connor _-47 ,H
éy%F%%gI
SAC, San Francisco, by letter 2-17-60 requests authority toadvise Governor Edmund G. Brown of California on an off-the-record basis' of the Northern District of California Communist Party CP!, USA, interest' in the California Democratic Council convention, Fresno, California,2/12-14/60 and the background and identities of the individuals responsiblfor the adoption of a resolution at this convention which requests apresidentia review of the case of Morton Sobell. Sobell, together withthe Rosenbergs, was convicted for conspiracy to commit espionage and is
serving a 30-year sentence.
San Francisco advisesI attorney was responsible forturned the resolution over to
committee of the conventi
d ls refe_ Francisco Office and old-time CP s.A retired, was formerly an organizer for the Internati1!]a San Franciscon and reportedly had Twho was serving on the resoluur
on the San Francisco County Commit=
this conventionWith the excegti<Index su jei
o is
of theWorld. He served as chairman of the East B2 Rosenberg-Sobell Committeein 1956 and 1957 and has been affiliated wi many communist front §organizations in the San Francisco Bay area. He continues to be active
in the Sobell committee.
San Francisco has previously furnished information concerningcommunist interest and influence exerted at this convention. In additionto the Sobell resolution, the convention called for abolition of~the House Committee on Un-American Activities,revision of the Walter McCarrax1b Il1lB921§1_'3I210n Law and cessation of nuclear bomb testing. ~M7 coor inator of the CP delegates at the convention, remarked that every-thing the CP had hoped for had gone through on the agenda at the conventi
Bureau files reveal that the Bureau has had cordial contacts
crime statistics with members of his state administration 92 with Governor Brown, although in 1958 we had some difficulty concerning
Enc1osure¢@*¢%f 62-75249 _ 5 i r _ m,'= if;
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Memorandum Mr. Belmont to Mr. Parsons
Re: Edmund G. Brown
2-76249!Cominfil of the Council of
Democratic Clubs
00-432594!
!'ZB<'~=t-pl! Que . ~ , _
There is no question but that the Communist Party has been ableto exert considerable influence on the Democratic Council of California.Not only would Governor Brown deeply appreciate receiving information 92concerning the activities of the Communist Party in this regard but it»a- would serve the additional purpose of enabling Governor Brown to take" positive action to prevent a recurrence of similar types of communist
tactics in the future. _
AQIIQER
There is attached for your approval a letter to SAC, San Francis:instructing him to discreetly advise Governor Brown of the communtsponsorship of the Sobell resolution passed at the Democratic Councilconvention. Under no circumstances will this information be attributed
to the Bure-auizlf V 1 2 rm? é % V W
y,
...=_92
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'l1uhun ___SAC, San Francisco 0045768!
80-449!
. 92 orDirectorB§'¥B% 2-16249! 57
09-432594,;
E1§HD G. BROWN
GOVERNOR OF CALIFORNIA
INFORMATION CONCERNING
COMINFIL OFTEHLCOUNCIL OFDEMOCRATTC CUUBS
INTERNAL SECURITY - CMr. Parsons
Mr. DeLoach- ~,
Mr; Be1mont~
Mr. Baumgardner
Mr. 0* Connor
February 25, 1960
Reurlet 2-17-60. Bureau authority is granted to Madvise GovernonfBrown_onfa?to_ idenmialehasissoiitheegertiiit informtfon set*fd?f§§E¥elE%f Governor Brown shoul beadvised that under no circumstances should this informationbe attributed to the Bureau. Advise the Bureau of the
results of your contact with the Governor
AJD:djd9Q 9!
.NQIEJMLJG1&E;
_See cover memorandum Mr. Belmont to Mr. Parsons,same caption, dated 2-24-60, prepared by AJD/djd.
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nunpluluo-OI92 __ -_- , _ . . 1-92_ ' 4 ___ mu '-Pjce - uN1?1sD": GOVERNMENT .1 - -I-- Q ». I,'" .~ 1 ' , __ _..92-J--_;_; f __ .' , Director, FBI _ 3 ' - . one; 2/ 7/ ' W, _ i"_':_:5,:-._; _. h . MC San Francisco 00-45768; 80-449! hh.C Mm ll _om =, igpifqg 762' A Mr. 15- , .. , Mr. 92 l >.' ' " ' "" -~ C " é1' -Mr .~."%'=92"4 mpux: §E§3§§d§'§? 3§§1FoRN1A M "" ' F§F¬ V u. M1-__ .. INFORMATION CONCERNING L/2%! a1§§Z./ 2 - r.V- ,;"., 'COMINFIL or was COUNCIL 0F 4;/2iAf"*ji; Tdt "°m EMl. In gram _ I1;gL1CféATIC CLUBS ~ Miss I while discussing another matter with the Governor. _ ~ " 1 ti 'the advised ime that he was "terribly disturbed .by a reso u On:
.7 4;passed!§t the California Democratic Council convention at Fresn- I _ _ lCalifor@}a, on February 12-14, 1960, which requested a Presidenti- H * éview bf the case of MORTON SOBELL, who was convicted of espionage ,The Governor stated he was very interested in ascertaining who prepared and was responsible for the adoption of such a resolution..1 ' gfhe Governor stated that there were some 3,000 people in" . attendance at the convention and that_he was at a loss as to.where f; *to begin<to fix responsibility for such a resolution. He stated, =f¢ i 1 ' his -~-tfurther that he was ashamed that the meeting had taken p ace in 3 Hstate inasmuch as such a stupid matter had been considered. Ude _:=_ ' ' ' h ld afford proof to the Democratic Eobserved that this incident.s ou leader§_that obviously the Communists are wielding some influence. O %
» . *,'-92 .F - Ii By San Francisco letterhead memorandum dated*February 12, K § 1960, it was noted that Communist Party leaders in N9rthern- ";-92" 1 California were plotting to exert an influence on the~various panels § and'in the adoption of resolutions at the convention out of proportio 1 . to the number of delegates which they were able to send. San Francis Q Q i 25~" ltr~-. };;2 airtel dated February 15, 1960, reported that more than u a _liberal" resolutions in direct conformity with the announced political1§{@1 aims of the Communist Party had been adopted at the T Council ion. -~ E}c923Q ~92 ;i "
lreport on the_convention ,_ , on the agenda at convention$&¢.Qi
I -__Jtal_so_ advi'sec1_¢-that _ as respon for the resolution inwtfgandito MORTON SOBELL. This resol io- ,Bureau Q { 7 J V Z: {Jr-75 //fa §F ' 1 -é%3§f§iAi§Z1§i 92§ M70; agf ,:%%5'3,!. ,4 6 A- 7 t._ __,_,___,_,_._,__,___.,a;'?. 15° 1,1 _ are-92 57'|b1 on February/I7 1960
/ a meetingresidence ofFebruary l5,~ _delegates at the_Democra convention gave a _g§g§ 5 that the Commu§§§. 9;92Party'had hoped for had gone _ __ _ ; 92lf§:. 2% J. V av mp t ~ > **§ E 0;_»_._-
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sr 100-4576s _ ,d ¢ reportedly was turnedfover to who was on the resolutionscommittee of the convention <Committee of the Democratic -._ ...___..=. _ _ -2, _
~and 92
.l90=gpo42!, an attorney, was well_'¢activities and affiliations while attendingthe University of California at Berkeley. So notorious were his 'activities that when he applied for admission to the California te Bar, the American Legion filed an official protest based 0* subversive activitie admitted to the practice of law in California in 1936. vas organizer of the Professional Section of the Communist Party in San Francisco during the earlyl94Os, a member of the San Francisco County Executive Board of theCP in 1945, and a former San Franciscq County Educational Director of the CP. More recently he has been active in affairs and campaignsof the INDEPENDENI VOTERS OF CALIFORNIA and the BAY AREA COUNCIL
v v " ;~ tr Us COMMITT.-.45. S/92M£"nc/us 051,0! _.v_ >_-- ~ -:*
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the Northern California, past a candidate for various publicoffices. He formerly was a member of the Warehouse Branch of the CPin San Francisco, but was dropped in 1949 for excessive drinking and for dereliction of duty in connection with the warehouse strike in 1949. In 1952, he was warned by the President of ILWU 6 that hiswork was unsatisfactory because of excessive drinking. He was aformer sponsor of the CIVIL RIGHTS CONGRESS and helped form the INDEEPENJENT SOCIALIST FORUM OF TIE BAY AREA in 1957 to stimulatecritical views of the-world. _ _ ,_ _
qBi1@;;;§ T2§&25291§ PEOPLE -JOR , a '..est Coast wee y ommuni _pu 1949. He is a former Section organizer for t eCP;.a former member of the San Francisco County Committee of the CP,,;and a former teacher of Marxist-Leninist classes for new CP me:-1bers___.-3;He w s o ted b the CP Northern California District Cozmnittee" a app in y _ _ _ _ _ _ _ mmas a member of the Farm Labor mmission in l :2 and registered 111n *' "1 a CP club in I959. He is the of the "PW andcovers sessions of the California legislature. -
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A FELLOW ABUSED VOTER: ~
The California Defense Committee is a nonpartisan organization
o dedicated to control of irresponsible politicians. 'g ~'., _:_ A . - .As you know, RIGH¬DNOw we are engaged in a RECALL CAMfAICN ofn_
Governor Edmund G Brown of California because of his arrogant r
refusal to fulfill hlS campaign pledges
we have investigated and found nunerous instances of Brown!s_Yp betrayal of the voters and tax a rs of California,_and we would , P Y9 . .
like to tell every California voter and taxpayer about some of ,these matters.- AH
92 .,To do so, we will have to use Radio and TV, and that meansithat .
_-we must have the funds to pay for such time. Your contribution-,_:
will help make that possible. ' , - >3-»"~~'*r and his oath of office.
Please use the envelope accompanying this plea and send as mooh<@~ 92'{as you can to HELP finance the Radio and TV program for BROWN'S- -
Make your checks payable to CALIFORNIA ormnsn C0192"Y.MIT1EE§'--_:;" M A
511 E. Broadway, Glendale, California - and organize your friends ;f,
and neighbors into RECALL BRO%N CLUBS. - .= '-* *-.>u. -A
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msuan YOUR EQUITY IN CALIFORNIA *~.=;Ifm YOUR
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Cq;'i,_B>rov_m._fcr the allegedrmarpose_1,b'f<.te1_§Li,1;g;-_p1-igteli§¥l§5l§¥?}s'jL;§mom3they 'sh_a.ll.;O1'_-Qshallv-ynot, hivre,'i has fn_6W_ been'.e:;pcse'd .a${TJu§t?'an9_ther2 . bureageratic agency.-.designedj toihelp build ' the_.,Brown_?1?a'tron88.°:. Mn-.-__..;.=-chine .]: This 'disclosurefwaa-imade .when=-the proop0se'd?hudgje,'t;;1o__i,"j=the ; A F-E.I'.C .- showed that it had now_,decide'd'_to-fatteiijglp its.ap9i1_rti've_staff at the? expense ,of the=-Ie1payers--5 thereby afiforqling Brdwh "ad'-ditional opportunities,-.»to'=make '-lratrpnage Appo'intn_1e1it"s "ai1d.Ib1;i1fd~a 'stro nger, "_';nino rity" ¢ pQ_W61" machine - -to dominate" the ;.De_z1iocrat 1:6 "-P,a';rty,,so that i_n'.l96¢i Brown can.1.be a real" candidateZ-fort-President;-' ~_,.,. , _. _ _ _-;_; --_ --t..>_; -_.;.». Q-¢.
' 92 » ,,. .. _ . _ . t. - __._.. ~- ~~ .. . ~. . 1. __ - , - .92 . -. 92-. ~ .{ . ~ _. ~- : t - ' »-~ . -t. _ -_-< _ _ .. ;_ __ _ P --..'-_;-, . _/~13 V .__ . x. - I -. - NOT TOO was at r11-.=.m ,.--.- but more and inore;later3-¥-=*see!1is_fit53:hef the », Pattern 01: Brown's >exp_ena_ive 1?atr4ovnage; §ox1|;nis_ei<:g!_i_s_._f-< '1_hi,s_,tie.illus-. 5'. , trated by_j~-th_e:;budget-erezelationalof t-the past} 1ii1ie"ii1onths"l0'f O'Pelrat1o;'1 .~ . qr me; F';'E_.P;C.,_,* az'_1_'<1,;the=;~p1'opoSe_c1".c'oming 4_tv-i:e_lj?e'+5ri_ionjl§h"17h@;LdEe5§;cf_ the 1__'69mm_,is_e_i<>n- »Hére;_ is-a the_=;-3m_1tshell'=,_sto1-y;*?i~51i_a;@§:- -A - ','.'F,O1'.'§l16ff1I'St¥Z1inI8 nionthef o1_117,ji$Z
",955 Was taken out».'oi the ~3. "'pO0'1{6$év'b,f California 'I_'>aDipa3'rers_-f_'or'~t1_1_is ;iio'nsktr"dsityeof»=:;¢ifL%j"' ' . soc ia1ist~i.c¥communistic]_inter1?entiop_-between _t_heirelation__5hips ~~ _.rqi eI;1p,1t_>ye'17e kand.emp3.cyees';'__--rhisg ii_1c_laded_1 $§1;2_-,"7,5Q fofr.1_th,e_~ >. .' 'saJ._a'rie_s~,_o 11 the _».v'e 1? p9liftic.ia;x'1s 'a'p'_p'ointed _as"C'ommiss'ione rfs --
j'.'-1 Ti" mnthé. <_>f.1'eés~1iab1¢rfi~.Fbiareaueretief1ipi3i¢ei;i1n6§r?:i'§ .i§'es'iin1_1i:iia _' _. "1; if-show titsepolitical." development,I.;a.r;d;~the§,*Comrhissiq'1i _?1faf11't]s-_;- : _, ' ' 1 »"--=_$;zee,1oe per» -the-» coming fisc_alyeara _-i<_-/3' T',__:_&-;_'7';'- -"f 4;:' " ~ ~ ,j{1'n1s would helm mcnmsx or_92;>es*,*s1_a" 1n operatingje::§pense,'alone;.e-,_ . ~;_a1;no_st.10O_%__eir_1~.th-is categoryz: 1 1: __ _' _ Z; I '
e j~"i».-;.v'_ra;=.:i~r_.92*:s mm PACKAGE; _.92-1é'--rim the'pasta;3551513155""§¢'§v}i¬ge£.M£11a '"' .bee increased-_1by_$62;'?;>5_;5.¬>;'3}; 81lG._*_i2_1'1>64pr§8§§l$_":i}'}li!.'!§f'?'O;_f»Q.§$l§1On5 . ~i I .~w<>uI<1:'.5e 1'5c.reased.from.2Z *<>--1e<5.é»!---1 . ~='~;<;f'iliQVl'¢v1E!RE "mom '1.°-;;BB-BDU,OA'1fEn 2-1-j 3;-if -the ;¢¢¢m;ee1an{:;a;m;;ej1;pyynf gen the1;; money. ':etit_ or cur "1&,1~--'_POO.1!Bt§~.._i1B&G9.11SB'{$hb:FLE{P5Cifwwantsf1;U'@E8t&bliSYl'. .'3 ""~eh"e'd92icatio1i ' this cmild mean brairiWashi1ig by" §M'§a "-- 1¢n92» and ~re's§ar¢h3 sectibzi. "
'- - 1"eque§_t_is: "such.addi:tionaJ- xnagg tare r~'"~==~*'**-*" ' '**~'- - """"* " *" "'7po sigtions" age re_lat_ed_~_eJtpenses;.""_ -'1hLe- .exp_1mai=_1e&x;g1areir;*w£t1;-;.t1;§_2Iiuageu ___.:_ g;_-- _-~.r 4 '_: '4' -_> f-,___ ; i V -L .
.- -, .,;:¢~ -.;.I> m,!_'1==1._»1¥*? °f the lavpjr code!"Wl!§5¥¥.I'19E;$}"it?1i§.§I!~ti='¥5§45?T11Ri¥!§t§9n*'?Q-I-'21-m 1.m;nofzsN"r s:_:'z 'raA'r.i -..;it t.,-gem be, Azania-.fa§1§v?i1¢i¢§i1n*§:H8-:4.1¬§;;.V that the _-Commission is directed to carry on a,forhial_education~pro-. ~-. 4 gram or engage in original research. In factthe -»l__eg1_B1_a13iV9&921dij92?-O1 says, "the law did not contemplate the FE?C'employinge-a*1ru1I-timeeducation and research staff, nor does it seemthe "legislature -spe "cifically~directs the Commission to engage in research. This is a
. higher level of service than was authorized by the legislature when- it approved the original budgetrequest." ~
4
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_,_ _____, 4 _, ,. . _.__~_._ _.--_......~:....-92:_ , .. . .4~|> .r.. - _ - ~ ...- -.._._...-..__-._...._..______..,.._.--._
92..- . ..Z I»>" that in his bold new concept of Government0
-TWO MORE FIELD RE1°RESEI92*'1AIIVES- are also included in the proposed -
tax grab by Brown's F.E.P.C.; and here again the vigilance of the
legislative auditor sounds a warning with'the opinion that they-are
" not justified under thepresent work load, and that the request is
an arbitrary one for a higher level of service than that authorized
by the legislature. ' "
SIX ADMINISTRATORS over ONLY gg Field Representatives - a ratio of
ONE SU'PERVISOR"fo'reach employee -- is also disclosed by the legis-i
lative "auditor's report, and the additional observation is made that
"no other state agency has such a ratio of one supervisor for one _ '
p employee." , In Industry and Laborhelations this type _of.'make work!
program is .commonly termed 'feather bedd.ing.' _jNow it would appear =_
by Appointive Managers, L~'- -
~ - ~¢=e=~=~_-:92.*='»>»+=~**-~s*_.=-.-*'¥¢' L7T"ii"jeB11own_has found._a new term - "FEFC". » -A . ~ . . 4 ,-
li F =-¥"§OOMMiE'NT--1study~»of,Socialist and Communist political action programs, .~,_ .. - '... ... -,~'»._,. ,'
1 __-jforthe'past"30fyears finds repeated reference to destru'ctionof1 the
-Z -A-.}employe,e'and em-ployer relaticns_by_inte1-ference oibureaucratic: coma- 92 - _._-_ .~ A missions and agencies, and destruction of management solidarity and;
Q labori cohesion byforced integration of social and rac_i,a1_ problems.
- Nothing new can be -found in thepresent audacious attempt to start _-
e spreading out the .power and expense of the F.E.P.C., and its inter-
" ference withlabor-management-consumer relations. This was antici-
pated and predicted by experienced labor-management relations ex-
~ ports andconsumer market analysts both before and-after the creatign
ofjthe r.E.P.c. 0 , _ ' . -e ~ i1
4
: - BUT, unless management andplabor are resigned to, letting the Brown
4 Juggernautpfcompletely dominate all future relationships between"; A management and labor, M.-EDIATE STE?S must be taken to_get at the
sourceeof the problem --- ' __ . V . __ , A-RECAIJL BROWN! "I » - l . '
____ THE FACTS A RECALL ARE that it will take approximately' ""636,0OO good signatures on petitions to bring-'about'a" RECALL<ELEC-
TION of the Governor of"California, and -- in addition _- funds for
V the "election campaigrof his successor will be 1eqq1ma..--=_»21-e-sent
_ estimates are that it will cost approximately _5O_¢ for each signature»_ obtained on the_ recall petitions -- making a round} figure of
$318,000 to obtain necessary signatures for BROWN."_S_RECAI.L. -_
-, THE ALTERNATIVE to the expenditure of such a sum of money for a -
RECALL is IDSS OF MUCH MORE HONM over a period of time in the form
-V of EXTORTIONATE TAXATION to pay the salaries of Brown's Personal
1. I _ Political Machine, andcomplete dominationof bothmanagement and92 labor by Brown's appointed Commissioners, Managers, and Directors.' A _ The money factor does not, of course, take into_ consideration the-' social and political aspects of living and doing business under the "
domination of the bureaus and agencies of Brown's Welfare State.A; p
- All contributions of funds for the RECALL OF BROWN may be made
. -"JtheCALIFORNIA DEFENSE COMMITTEE and mailed to 511 E, _Bro_adway,'j,
Glendale, California. _ _ . L-_' ;_._k . - __ ..__-_ _» _
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SF 620-45763; 30-449
itique gotten into a philosophical cr
for the outthatiHd5u$tedly the reason; _
case being bounced back and forth for_§uch_a.long period offtime
_., v betweenitke various courts was because the courts had Ethat;teeny
weeny;little element ofldobt-i*théir minds" asto %hecompIete?guiIt of CHESSHAN= fGovernor BRQHN stated that while he had beenbvL
.21 ---_
Attorney General of California he had tried to get a policy through
the Association of Attorneys General to record their stand-and
feeling that no single Federal Judge should be able to grant a writ
of habeas corpus or take any action to counteract a decision of a
whole bench of a Supreme Court of a state. He said zwas his feeling
that if the Federal Courts were to be allowed to overturn such a
decision it should be only by a whole District Court decision of
judges sitting enbanque; further, that he intended at some future
date to again push this proposition.
The Governor is exceedingly cordial, obviously is very_'
friendly to the Bureau and, as a parting statement, noted that
some time in the near future he would like to take me fishing with
him so that he could learn more about the Bureau.
As any developments are received, the Bureau will be advised.
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= " DIRECTOR, FBI mm 4/21/605
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92!92,tive of the ass stance afforded him and expressed reat
Tadmiration for the Director, the Bureau,
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. -"Eu 1 - '-Q ; ~_ - ' 92 7.1 <._i _ ' _ . '3 . -1 "3 IIcovsrmon OF CALIFORNIA ~ ~_
MISCELLANEOUS -B 155;-5;-,3,
INFORMATION concsanmo
uf
/.,~ .. *5 ,_ For the Bureau's information, Governor BROWN was in @%Z@§$#Mazatlan, Mexico, on vacation from Q/16/60 through 4/20/60. /i §SA was in Mazatlan during part of this time on
officia business and contacted Governor BROWN on m _AThe Governor incl ed -I
invi to accompany him, -
bull fights on
was of considerable
and explaining bull fightingernoon, and
e in acting,
asto the Governor and his party. 8.8 --
SA? advises that the Governor was most apprecia-
$
and SAC AUERBACH of
the San Francisco Office. '
Bureau_- Mexico City 3, x plb W *_ -an 1 .an- ~'-:3 c ~,.
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,92~'92; EX-105 ;.. . Rec. as 2 i ~;;..T./3.2.2
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4 . lwmoano ram-a.no.5. J 92' -"J r. -ax-aori§_.__-.. -Oié A/161720; 172611072 - UNITED ST1. ES GOVER_ $§215§aI,m~;.;I ; " Mr. 's11ah:-3':.,,._-. _ __ Lil 2 M1 ,'_e::° ,/L,TO . Hr. Hoover PI HAL .1 DATE 6/20/68 m '-" *-*~ u -.. Mr. .':!cG-JireI 1 ;. I-.-.1-.:=n__>L...
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- STATE CALIFO
In accordance with your ions r. De l 5
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_ The Governor was obviously terribly put out and stated },;[pthat he himself did not knov.-' and had not personally madethe appointment, it having been done through the Chairman of the 1~Joint Committee. He deplored the situation and said that thegeneral organization was so loose that things like this could occur
and he would immediately take steps to see that the situation was
rcorrected. He was very voluble in his appreciation of your courtesy
in assisting him and reflected that, in his opinion, this wasanother good example of your impersonal desire to assist in generalgood government. He then went on at considerable length as tothe unique position that you had as the finest example of a Govern-ment adminjstrator that he could think of. He went on to note 1
that he would be very careful with his handling of the situationin order to insure that his relationship with the Bureau was notimpaired in any way. ' 1
The Governor talked considerable length about theproblems that he was facing with a poor personal staff as he hadpreviously done and said that so many things were going on, thisbeing an election year, that he had difficulty staying up withthe many facets of not only the Governorship responsibility itselfbut his position in connection with the coming convention and
campaign. .
Pi n Jr 1he Governor then went on in detail as to a variety of92<S1 points and specificall mentioned that of the Democratic NationalCommitteeman in/ho, he said, had been flushed down the ~
river as being a power any longer in Calirnia Democratic politics.
He said that a number of people must have been tremendouslysurprised that Brown was supporting Attorney General Stanley92$oskas a replacement except that they did not know that Mosk was about
~ at a
*92.-",-M:I », <-» .-
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not talk about included the fact that therevnnmesome powerful
Jewish interests which were backing Mosk and which could not be
ignored. He also noted that he would like very much to get Mosk
back on to the bench aniout of the Attorney Generalship so that
he could appoint San Francisco District Attorney Tom Lynch in his
place. He said he felt that Mosk was not generally acceptable
to the law enforcement crowd in California but didn't know what
he could do about it except to try and push him upstairs.
The Governor gave quite a frank personal opinion on the
various Democratic candidates and noted that for all of the fact
that Kennedy had an excellent war record and was obviously a
bright man, yet he just looked too youthful and among all the
candidates appeared as a boy among men. He feels that,if there
is any kind of a real big conflict at the convention, Stuart
Symington could very well wind up as the compromise candidate an H d
pwished that Symington was a more personable individual, at least
on TV. It seemed to me that he discounted entirely the prospects
of Lyndon Johnson.
The Governor spent a considerable amount of time reflect-
ing that he had received quite a drubbing from the newspapers on
his own situation and said that it obviously was merely political
conversation because after all he had received 69 per cent of the
total Democratic vote and would call it a clear-cut mandate that
he was representing the Democratic Party and would have the votes
of the delegates in his vest pocket to deal with.
The Governor asked me if we were satisfied with the out-
come of the Standards and Qualifications Commission made by hav-
ing former San Diego Police Department_Captain Gene Muehleisen
as the replacement for Holstrom. I told him we were very well
satisfied with it and noted that Muehleisen was a National Academy
graduate just like all the rest of the law enforcement on the
Commission. Seizing this as an opportunity, I noted that two of
the members of the Commission had originally received one-year
appointments which would terminate this October and suggested
that, since the Commission was just getting started, he might
want to reappoint them for continuity. He asked me if I knew them
personally and I told him that I did and that they were fine
representatives, whereupon he stated he would not announce it now
but would wait until the term was over in October and then would
reappoint them. He said that he was terribly surprised when he-_-._-_92u1._..
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heard the full story o1 g a complete alcoholicand noted that he had only met once and that he'd been 'pushed into the matter by "the Berkeley bunch. He said that heexpected that the Commission would discuss all of its policieswith the FBI before putting them into effect and that at the firstopportunity he had to talk with Muehleisen would point this outto him. He noted that he felt very proud of the fact the Commissionhad finally become law as he said that the legislation was a dead
issue until he himself had gotten interested in it to push it and,
since he felt he was a sponsor, he intended to follow the situation
carefully.
The Governor also again recounted the story of
with you several years ago in California and made the
that you had given him a complete whipping just priorand that he couldn't understand why you hadn't waited
wards. He went on to note that he was certainly gladhis meeting
statement
to election
until after-
that his
relationship with you had changed now and that if there was anythingat all that you wanted, you had but to call upon him and he would
do his very best to deliver.
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_ _ /.92Ro;X}i"'_;____-To -Mr. DeLQach@ was-11-so/ . 9292 _Imm =1vx. $511.56 i;:.::;"ui~:x-mi! s1-/vrcs Gov: 'MENl
- /171'. [{-sunjiacr: "LET'S ABOLISH CAPITAL PUNISHMENT" Fl"ARTICLE BY GQVERNOR EDMUND G. BROWN D-CAL! '5AUGUST, 1960, ISSUE "GQOD HOUSEKEEPING MAGAZINE" _.;,.---. .1: 4, V.SYNOPSIS: I F!/i/Si I
Captioned article analyzed itemby item in accordance withDirector's request. Ar_ticle does not mention Bureau or Director. Article begins
to mention that one of most important factors he considered in reaching thisdecision was State Department telegram advising Chessman's execution might leadS 92with Brovsm's decision on 2-18-60, to grant Chessman 8th reprieve. Brown fails
to hostile demonstrations against President Eisenhower when he visited Uruguay.Brown's popularity declined over his handling of Chessman case and this articlemay be shrewd attempt by Brown to recapture lost political ground.
Many statistics in article are self- serving, inaccurate, and indicate
Associates which revealed that only 42 per cent of American people favored death!penalty, 50 per cent opposed it, and 8 per cent had no opinion. Brown, however,fails to mention that a U.S. Gallup poll conducted in March, 1960, reected 51per cent of American population favored death penalty, 36 per cent opposed it and9292sloppy job of research. For example, Brown cites a 1958 survey by Elmo Roper
. _"-."' .0I __ & arrested _ _ . ._ . " id . O , T ; _ It 'Enclosure. , ,. .,,-,.-. , W 977 "-4*" ~.:3 i *5 **P":<%°L- R/< §¢j"/i~°92 Q -'3 _ " Q] _./"I XV, AA! S7T13 per cent were undecided.
Calling for "a nationwide educational campaign that will show thecase for the abolition of capital punishment without generating hatred or maudlinsympathy," Brown notes "some states" that abolished the death penalty have put itback on their books. Actually, it appears that legislatures of numerous statesare more discerning in dealing with capital punishment than are the starry-eyedidealists who clamor for its abolition. N_'ine_ states__which_ had abolished the death.pepal_ty_later__reinstituted it; Only one state has recently abolished the deathpenalty Delaware in 1958!, and nine states in_past two years proposals to abolish capital puni shm'entT."_""' 7*" ' it _. V **
Some of the more glaring inaccu'raoi!esancBm1w'n's article are:! Brown said that from 1938-53, there were 11!! eiéiéutibin California. Figurof Federal Bureau of Prisons reect 117 executions in-Galifornia-'£~rom 1938- 53.! "Women commit one out of eveicy seien murders. -.»."r Latest Bureau gures958! reect one out oi every five persons Io1c'=§iu'i9déi-°'§s a woman -¢_-- --' 53! <~»:.»'/l~
I .3 w2 ' v _. ._I
Jones to DeLoachRe: Gov. Brown '
! Brown claims a yearly average of 48 persons are executed out of '7, 000 broughtto trial for killing. While it cannot be determined what period of time Brown usedin arriving at this figure, it is noted that during past 10 years, an average of 72persons were executed each year, and ! Brown states in 1941, there were6, 990 cases of murder in the U.S. and 119 executions, while in 1957, there were7 000 murder cases and 65 executions. Federal Bureau of Prisons and UCR Show.
_ 7that in 1941, there were 7, 562 murders and 123 executions, and in 1957, therewere 6, 920 cases of murder and 65 executions. '
Brown points out he is well acquainted with police problems and noteshis father-in-law, Arthur D. Layne, was a captain in the San Francisco PoliceDepartment for many years. Bufiles reect Captain Layne was cooperative with the
state that abolishes capital punishment sends hundreds of policemen and prison San Francisco Office in the late 1930's. Brown states his critics have said that a
vguards to their deaths. He claims other states and nations have not found this to
same number of police officers are killed in states which have abolished death
penalty as in states which retain death penaltyBrown feels revocation of death penalty alone is not enough and sugg<threefold plan 8! Segregate irresponsible or permanently vicious criminals withirrevocable life sentences, ! set up modern correctional facilities for those whocan be reformed and redeemed, and ! launch a vigorous program of lawenforcement and crime prevention, putting faith in alertness and hard work ratherthan relying on terror. Apparently, this is Brown's "humanitarian" approach toproblem. It is noted, however, that on one occasion Brown removed .'.Yno:possi_bi_l_i_tLof-parolestipulation _f_1_'om life-termer_:T_g.ck,D. ,Green'_§ sentence as first step"toward granting him an eventual parole. Green killed a Los Angeles police.92 92be true. Bureau survey of 4, 000 cities across Nation reflects that on the average th
aw;-"Z.lieutenant during a theater robbery in 1932, and in 1934, his death sentence wascommuted to life imprisonment with provision there would never be any possibility"of parole. In January, 1960, Brown commuted death sentence of two-time killerJ_ag_i_e_§__¢l92 l,e__rl_§ouris provided there would never be any "possibility of parole." As oiLos Angeles newspaper pointed out, it appears Brown has found a new way of N combating capital punishment. First, he commutes sentence of a particularlybrutal killer while public sentiment is strong by adding proviso against parole. Tlwhen sentiment dies down, he removes proviso and makes it possible for the kille: Lto be released to again "imperil the lives of innocent persons."Article concludes by pointing out there is no doubt that world trendis toward abolition of death penalty, and sets forth statements by different religiofaiths vihbh have gone on record against it. A detailed analysis; . of article is setforth under "Details. " *RE MMENDATION: '
,"92 For the Directoris information. _ _'/-'1-/ t. ~QJv'-A/>w ';6'3~i. 1} /rm/92 I t/Yv~>'<~ """"°""*"92°A"%'92l
.. . ... . _~-_.. ,
DETAILS
Q»The Director has requested an item by item analysis of. _ ~Governor Brown's article copy attached! entitled "Let's Abolish CapitalPunishment," which appeared in the August, 1960, issue of "Good HousekeepingMagazine." It is noted that the article does not mention the Bureau or the
Director.
STATEMENT:Brown points out that in reaching his decision to grant CarylChessman his eighthreprieve on the night of 2-18-60,"It allboiled down to onething. I believe that capital punishment is wrong. I knew I had to give Chessmanone last chance." The following week, Brown urged the California Legislatureto repeal the death penalty. When it was apparent that they would not, he suggestedthe death penalty be suspended for 3 1/2 years as an experiment in humanitarianismThis was turned down by a senate judiciary committee vote of 8 to 7.
COMMENT:Brown fails to mention that one of the most important fadnrs heconsidered before reaching his decision to reprieve Chessman was a StateDepartment telegram advising that the Chessman execution might lead to hostiledemonstrations against President Eisenhower in connection with his visitto Uruguay in early March, 1960. Brown's attempts to have the death penaltyrepealed or suspended by the California legislature are factual according tonewspaper accounts. P .
STATEMENT:Brown advises he will not give up the ght to abolish thedeath penalty. He believes capital punishment is brutal and degrading to society
and has been a gross failure. .
COMNENT:_ Brown is adamant in his belief on this controversial subject.His popularity declined as a result of his handling of the Chessman case and thisarticle may be a shrewd attempt on his part to recapture lost political ground.
'STATEMZ3~ = _A 1958 nationwide survey by Elmo Roper Associates revealed thatonly 42 per cent of the American people favored the death penalty, 50 per centopposed it and 8 per cent had no opinion. V . . _ ' i
.~ _ _2_
._. __. ,- ___ ____
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COMMENT: V
These figures are accurate as reported in the 2-9-59 issue ofRoper's "The Public Pulse." It is noted, however, that puliic opinion pollscan be most selfserving. For example, a U. S. Gallup poll conducted inMarch, 1960, reected 51 per cent of the American population favored the deathpenalty, 36 per cent opposed it and 13 per cent were undecided.
STATEMENT: .
Brown calls for "ai nationwide educational ..campaign that willshow the case for the abolition of capital punishment without generating hatredor maudlin sympathy." He states','Some states that abolished the death penaltyhave put it back on theirbooks after a frightening crime wave."
COMMENT '
0
I
It would appear that the legislatures of numerous states are morediscerning in dealing with capital punishment than are the starry-eyed idealistswho clamor for its abolition. Nine states Arizona, Colorado, Kansas, Iowa,Missouri, Oregon, South Dakota, Tennessee, and Washington! which had abolishedthe death penalty at one time, later reinstituted it. Only one state has recentlyabolished the death penalty Delaware in 1958!. Nine states in the last two yearshave rejected proposals to abolish capital punishment, California, Oregon,Connecticut, Virginia, Florida, Massachusetts, New York, New Jersey andOhio!. From "A Study of Capital Punishment As a Deterrent To Crime" preparedfor the Director in March, 1960.! A '
STATEIVEENTQ. The article goes into a rather lengthy review of the salient
points of the Chessman case.
COMMENT:
The facts pertaining to Chessman are accurate based on information
- in Bules. -0
S'IAT'E1V[ENT :
Brown cites the inequality oftcapital punishment, claiming it islevied against the "downtrodden and defenseless," the "weak, the poor, the ignorant, and against racial minorities." Brown points out that former Wardem-3- - _~.'. b
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,Le3vis_E1*Lawe s of Sing Sing and@arQen__¢Clint0n P. Duffy of San Quentin havesaid that people who have either moneyor prestige are seldom convicted ofa capital crime, and even more seldom are executed. Brown said that inCalifornia during a 15-year period from 1938 to 1953, there were 110 executionsof which 30 per cent were Mexicans and Negroes. He said this was more thandouble the percentage these two groups represented in the state population.
COMMENT
An article by John R. Mulligan entitled "The Poor 'Man*sPenalty," which appeared in the 5-15-60 issue of "The American Weekly,"quoted Warden Lawes substantially along the lines that Brown indicates above.No comment by Warden Duffy on this topic could be located in Bufiles. It isnoted that Duffy's middle initial is "T," not "P" as set forth in the article.!Brown's gure of 110 executions in California from 1938- 53, is incorrect. "According to the "National Prisoner Statistics" issued by the Federal Bureau ofPrisons in February, 1960, there were 117 civil executions in California duringthe 15-year period from 1938 to 1953. The Bureau is not in possession of, anygures which would indicate the percentage of Negroes and Mexicans who wereexecuted in California from 1938-53. It is noted, however, that Federal Bureauof Prisons gures for the period from 1930 to 1959, reect that a total of262 persons were executed in California, of whom 199 were white, 45 wereNegro and 18 were "other." This means that the racial minority of Negroesand "others" totaled 24 per cent of the persons executed in California during this
period.STATEMENT: °
"Women commit one out of every seven murders, yet only about
one woman per year is executed," 8
COMNENT:
Latest Bureau gures 958! reect that one out of every fivepersons arrested for murder is a woman. In the past 30 years, a total of 29
women have been executed in the Nation--an average of almost one per year.
STATEMENT:
Commenting on the element of human error in connection withcapital punishment, Brown noted that despite the relatively small numberoflpeople who are actually executed--a yearly average of 48 out of 7, 000 brought to
-4-
I_ __,_ _ _ ___ __________ __ -- - .........>__.DO
Itrial for killing--there are a number of mistakes. Brown cites the case of JohnHenry Fry whom he pardoned after Fry had been wrongfully convicted ofkilling his wife. The article mentions the case of John Rexinger who wasarrested for rape in San Francisco in 1957, and who was saved when theactual criminal confessed to the crime. Another example is the case of JamesFoster, who was convicted of murder in Georgia in 1956 and who, afternumerous appeals and stays of execution, was released in 1958 after anotherman confessed to the crime. Noting that eye-witness identication is thedecisive point on which many murder convictions are obtained, the article pointsout that a Los Angeles Police Department survey once indicated that 28 percent of identifications made of suspects in line-ups are later proved false.
COMMENT:
_r_____.._--- While it cannot be determined what period of time Brown used in'-_; arriving at the gure of 48 persons executed on a yearly average, it is noted{that during the past 10 years, an average of '72 persons were executed eachyear. Bufiles contain no information identiable with James Foster; however,the following information on Fry and Rexinger was obtained from the files of theIdentification Division. It is noted that prior to his arrest for murder in SanFrancisco in 1958, Fry was arrested no less than 8 times for intoxication,assault and battery, violation of parole and other charges. Since his pardon byGovernor Brown on the murder charge in June, 1959, Fry has managed to getarrested on three occasions in San Francisco for assault with a dangerousweapon, defrauding an innkeeper, and battery. Prior to his arrest for rape in
Subsequent to being released on the rape charge in 1957, Rexinger was _arrested three times for theft, larceny and fraudulent checks. Bufiles contain921957 , Rexinger had been arrested on 4 occasions for rape, robbery, and forgery
no information relating to the Los Angeles Police Department survey of line-ups.
STATEMENT:________._----" pThe article sets forth a very brief summary of the history ofthe death penalty in which it is pointed out that Austria was the first nation toabolish capital punislnnent, that France is the only country in Western Europestill using the death penalty, that most South American countries have abolishedcapital punishment, and that the Soviet Union says it inicts it only for politicalcrimes. A '
COMMENT: 1
The above history of capital punishment is factual based uponan article in the 3-3-60 issue of the "New York Times." .
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STATEMENT:
Between 1938-53, 2'7 per cent of Californians executed weremen who killed wives, mistresses and girlfriends in crimes of passion. Amajority of these killed while under the influence of alcohol. A 15-yearpsychiatric survey at San Quentin showed that most prisoners in Death Rowwere insane or totally irresponsible for whatever they had done. Three ofevery 5 murders in;-California between 1938-53 resulted from an interrupted
armed robbery. .
COMMENT :b Bufiles contain no data relating to the above information. Itappears that these statements were taken almost verbatim from a pamphletof The Friends Committee, on Legislation, Washington, D. C. , excerpts ofwhich appeared in the June, 1960, issue of "The Police Chief." '
STATE IVENT: .
Brown points out he is well acquainted with police problems andstates that his father-in-law,Arthur D. Layne,was a captain in the San FranciscoPolice Department for many years. Brown states his critics have said that astate that abolishes capital punishment sends hundreds of policemen and prisonguards to their deaths. Brown says "other states and nations have not found thisto be true." He said that Rhode Island which abolished capital punishment in1852, has the third lowest murder rate in the Nation. Its neighboring state ofMassachusetts retains the death penalty and both states have about the same _general rate of killings. A 1950 study of 266 cities in 1'7 states--of which 6 hadabolished the death penalty and 11 had not-showed that "on the whole, states thathave abolished capital punishment have had fewer police killings, but the
difference is small."
COMMENT:Bufiles reflect that Captain Arthur D. Layne, San Francisco PoliceDePartment, was cooperative with the San Francisco Office in the late 1930's."Who's Who" reflects Governor Brown married Bernice Layne in 1930. Bufilesreect that Rhode Island does have the third lowest murder rate in the Nationand that Massachusetts has the eighth lowest murder rate. The 1950 study of266 cities was made by Dr. Thorsten Sellin, who wrote a book entitled "TheDeath Penalty and Police Safety." It is noted that Uniform Crime Reportssurvey of 4, 000,cities across the Nation reects that on the average the samenumber of police officers are killed in states which have abolished the deathpenalty as in states which retain the death penalty. The study of murder rates istates which do and do not have capital unishment is inconclusive. Many socialhuman and material factors are involved! in murder which cannot be accuratelymeasured. _ 6 _ ~ _
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STATENIENT; -
California has an automatic appeal to the State Supreme Courtin all death penalty cases. Between 1942- 5'7, 180 cases involving death wereappealed. Twenty-five of these were reversed.On retrial, only three ofthese were re-sentenced to death. Six were dismissed orcoinpletely acquitted.
COMMENT :
Bufiles contain no information pertaining to this matter.STATEMENT: ' I
The article points out that execution for murder or rape is thesafest kind of criminal risk. In 1941, there were 6, 990 cases of murder inthe United States and 119 executions. In 1957, there were 7, 000 cases of murder
and 65 executions.
COMMENTA review of the Bureau's Uniform Crime Reportsstatistics andthe "National Prisoner Statistics" issued by the Federal Bureau ofPrisons in February, 1960, reected that in 1941 there were 7, 562 murdersand 123 executions. In 1957, there were 6, 920 cases of murder and 65 persons we
executed.
STATEMENT: I
_ A report by a group of Quakers in California disclosed that in a.10-year period, 342 convicted first- degree murderers were paroled fromCalifornia prisons. They served an average of 12 years and 5 months. Of these,only 37 violated their parole in any way and only 9 were sent back to prison. 'Further, from 1955- 5'1, parolees in California committed a total of 17 murders.
Only one murder was committed by a paroled murderer.
COMMENT:
Bufiles contain no information concerning this Quaker report.
STATE;____________._-Brown feels that revocation of the death penalty alone is not enoughand suggests a threefold plan: ! Segregate irresponsible or permanently vicioucriminals with irrevocable life sentences, ! set up modern correctional facilitifor those who can be reformed and redeemed, and ! launch a vigorous programof law enforcement and crime prevention, putting faith in alertness and hardyork rather than relying on terror. '
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COMMENT:
Apparently, this is Brown's "humanitarian" approach to theproblem. It is noted that on one occasion Governor Brown removed the "no-possibility-of-parole" stipulation from life-termer Jack D. Green's sentenceas thefirst step towards granting him an eventual parole. Green had beenconvicted of killing a Los Angeles police lieutenant during the course of a theaterrobbery in 1932, and in 1934, his death sentence was commuted to life imprison-ment with the provision that there would never be any possibility of parole,In January, 1960, Brown announced the last-minute commutation of the deathsentence of two-time killer James Merkouris provided there would never beany "possibility of parole." Merkouris was convicted several years ago of thebrutal pistol-whipping and slaying of his former wife and her second husband.As the "Los Angeles Herald Express" pointed out, it appears that Brown hasfound a new way of combating capital punishment. First, he commutes thesentence of a particularly brutal killer while public sentiment is still strong byadding the proviso against parole. Then, when the sentiment dies down, heremoves the proviso and makes it possible for the killer to be released to again
"imperil the lives of innocent persons. "
STATENENT: _
In conclusion, the articles points out that there is no doubt thatthe world trend is toward the abolition of the death penalty. The article notes thatauthoritative spokesmen for all religious faiths have gone on record against it,and sets forth several of these statements. " '
I
0COMMENT
- The statements by various religious groups coincide with data setforth in a publication entitled "What Do The Churches Say On Capital Punishment?which was prepared by the Connecticut Friends Committee on Social Order,West Hartford, Connecticut. The 3-3-60 issue of the "New York Times" and the3-21-60 issue of "Time Magazine" carried articles on capital punishment whichreflected that there is world trend toward abolishingthe death penalty. Since1900, 26 countries have abolished capital punishment, 15 of these having takenthis action since 1930. These countries are located in Europe, Central and SoutAmerica, Australia, Asia and also Greenland and Iceland. This world trend,however, is not reflected in the United States where 41 states retain the deathpenalty and 9 have abolished it. Since 1900, only four states have abolished thedeath penalty--Minnesota, 1911; Alaska and Hawaii, 1957; and Delaware, 1958.
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._._.__._._._,_. ,_ ___g V /ij;-I 2 FROM : M. KQJGQBS g °° --_Gandy _f_-
ea,U,,Jw,, INTERVENTION BY GOVERNOR EDMUND G.A eaoszm D-CALIF! IN CASES or CONVICTED _,!_,;=;<d ~/ KILLERS JACK D. GREEN AND JAMES MERKOURIS UV-:.e-" 4/3,;gmrn __{oT her "
You will recall that at the Director's request, we analyzed an article by_ Governor Brown entitled "Let's Abolish Capital Punishment" which appeared in theAugust, 1960, issue of "Good Housekeeping Magazine. " It was pointed out in thisanalysis attached! that on one occasion Brown removed the "no-possibility-of-parole"stipulation from life-termer Jack D. Green's sentence as the first step towardgranting him an eventual parole. Green was involved in a robbery in 1932_ in whi§_l_1_-. a Los Angeles policeman was killed, and in 1934, Green's death sentence was__commuted to life imprisonment without possibility of parole. Further, in January, 1960, Brown commuted the death sentence of two-time killer James Merkouris G '"""provided there would never be any "possibility of parole. " One Los Angeles newspaper pointed out that it appeared Brown had iound'a new way of combatingcapital punishment. First, he commutes the sentence of a particularly brutal killerwhile public sentiment is strong by adding the proviso against parole. Then, whensentiment dies down, he removes the proviso and makes it possible for the killer tobe released to again imperil the lives of innocent persons. " __i
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G The Director inquired when it was that Governor Brown had intervenec92 in the Green and Merkouris cases. This information was not available in Bufiles, ax.Los Angeles Office was requested to furnish this data togezer with the facts of theGreen and Merkouris cases. Attached are separate writeups containing summaries- of pertinent data concerning the Green and Merkouris cases as received from LosAngeles and San Francisco Offices on 9-2-60. . § .
OBSE RVA TION:As noted in the attached writeup on Green, he was released on paroleon 9-l -60. Thus, Governor Brown's action on 12 -21-59 in removing the '_'_witho_ut_~possibility of parole" stipulation from Green's sentencedire_ct1y_ paved th_e___wa_y,_for__<§=r.e.en'e releeee rem Pr.i$9n..i.1?.?&.__.1?ii1e ever 8 m<>nthe- at
RECOMMENDATION: ,7,j 92
7 /,_{!_92. 5 _ '»' . ' -.~- ______.. --__--- | - b4:v~92.---»- /./. -J _ gor the Director s information. . ~ 4 /-* ~92,-Y - P -'1 - Mr. DeLoach -" = no-r m:c5'5ozo l __-- --. 1
' 128 SEP 181960 - -»92__' 5' _ I I _'1_:S_:_dmc~ .- -, ;. _, , ' g
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" Jones to DeLoach MemoRe: GOVERNOR BROWN 9-2-60
JACK D GREEN
~ In 1932, Green and a man named Regan participatedin a $30 robbery_o£ a Los Angeles theater which resulted in the_murder, by Regan, of police Lieutenant Hugh Crowley. _Bot,l3 Green and Regan were convicted and sentenced to death. Regan's_death sentence was carried out. Green was received at San Quentinon 3-23-32, and his initial execution date was 5-20-32. He receivedabout ten stays of execution, and on 1-4-34, Governor James Ro1p_hcommuted Green's sentence to life imprisonment with no possibilit'y_of parole. On 11-1-41, the State Parole Board recommended tha_t_Green's_s"entence be""modified to make him eligible for parole, andthiswas rejected by Governor Olson_.__ Several applications forexecutive clemency were turned down between 1941-59. _
On 5-7-59, Green applied for executive clemency to_,_Governor Brown and on 6-12-59, the California Adult Authority CAA!recommended that the parole restriction be removed from Green'__s_"""sentence. On_12 -21-59, Brown removed from Green's sentence th_e_words"'without possibility of parole,:' thus making it possible for '
Green's eventual release from prison. On _'7 -13-60, the CAA_recommended Green for parole effective 9-1-60. Green was paroledfrom prison on 9-l-60, and will work f M '920l L of San Raphael's Parish, San Rafael, California. _Green was released on a "life paro1e" which means he must report
to parole authorities the rest of his life.
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Jones to DeLoach Memorandum
Re: Governor Brown, 9-2-60 v
JAMES MERKOURIS
On 9-20-54, Mrs. Despine Forbes and her second husband, Robert .Forbes were shotuand killed in their ceramics shop in Los Angeles. James 1VI8IKO11Il¬age 40',J~ Mrs. Forbes first husband, was arrcste_d_five days later in Arkansas for the ,_crime In February, 1955, in Los Angeles, Merkouris was tried for the murder of hisformer wife. He was convicted and on 4-11-55, was "sentenced to death in the gas§_lN1_a_m_be'r;_ Merkouris" conviction was automatically appealed to the State Supreme Couz
His conviction was reversed_ by the State Supreme Court on grounds _o_f2 error in instructions to the jury and because Merkouris was permitted to withdraw anl 0 : 0 dat insanity plea_ over the objections of his attorneys. On,8-10-5,6, Merkouris was retrieto determine his sanity. During the trial, Merkouris went into violent rages, smasheda 'chair_in,the courtroom and had to be_st rapped to a metal chair in a glass and metg"isolation_b0oth,,_" On 9-13-56, a jury found him insane and he was incarcerated at__Atascadero State Mental Hospital in California.' In August, 1957, Merkouris was declzed "not presently insane" by authorities at thé hospita_l_,_ '_'
, At an arraignmenton 8-26-57, as a preliminary to retrial, Merkourisstruggled, shouted, cursed, smashed microphones and a water cooler before beingrestrained. The retrial was postponed pending additional mental examinations andMerkouris_was again declared sane in March, 19 58; His retrial on the murder chargeinvolving his former wife began on 6-16-58, and on _7-30-58, the jury found him guilty,'3 and decreed that he should die in the gas chamber_._ On 7-31-58, the trial was continu< to determine the defense s plea of not guilty by reason of insanity. O_n__8_-13-58,_ the92jury found Merkouris to be sane at the time he c0mmi_tted__th_e,_mur_de1§4 Merkouris w:received at San Quentin s Death Row on 10-16-58. _
Merkouris conviction was reviewed by the State Supreme Court, and i1
October, 19 59, the Court denied a rehearing. On 10-27-59, Los Angeles SuperiorJudge Lewis Drucker, set the date of 1-21-60 for Merkouris execution. _On 1-21-60,Governor Brown commuted Merkouris death sentence to life imprisonment without,possibility of parole, In explaining the commutation, Brown said that a majority ofState Supreme Court justices and the trial judge had recommended that the death pen:.3191 be carried out. He said there was still a grave and unresolved question of Merkosanity, and noted that twenty-one psychiatrists were unable to agree during the two ts
On 1-22-60, _ Markour_i_s was t_ransferred__from San Quentin to VacavilleCalifornia, and on 2-"118-60, __he was incarcer_ated;at__theCalifornia e__clical___Facility__a'' Vpacaville where he 'is'pr_es_e_nt_ly _§_on_f_i__n_e_d.___ 92
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1Iv t DIRECTOR, F1-;1 AND SAC saw FRANCISCO
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GOVERNOR EDMOND G?/BROWN. QUOTE LOS ANGELES EXAMINER UNQUOTE, TODAY,
1-.2:--'-£Y**;¢<-:'+*§'i - - I"CARRIES ARTICLE ON PAGE FIVE, SECTION ONE, QY CARL
GREENBERG, EXAMINER-9 POLITICAL EDITOR, FROM SACRAMENTO,
WHEREBY GOVERNOR BROWN ON FRIDAY CALLED FOR FAR MORE
AGGRESSIVE ACTION TO HALT FLOW OF NARCOTICS ACROSS
INTERNATIONAL BORDER AND DISCLOSED PLANS FOR A CONFERENCE
WITH UNITED STATES ATTORNEY DESIGNATE ROBERT KENNEDY.
ARTICLE CONTINUES WITH OTHER QUOTATIONS RE NARCOTICS
PROBLEM. ARTICLE THEN QUOTES BROWN AS SAYING ON OTHER
FRONTS THAT HE WANTED TO FIND OUT WHY DIRECTOR FOR WHOM I ,' ,--2 §_,_@-
HE HAS QUOTE TEMENDOUS RESPECT UNQUOTE IS AGAINST AI NATIONAL CRIME comlsslou AND INTENDS TOTTALK TO HIM IN
"WASHINGTON. NO OTHER MENTION OF FBI OR DIRECTOR IN ARTICLE. 761/
FOR INFORMATION. ARTICLE FOLLOWS BY AIRTEL '
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_ omovum om so. no 6% é ,_. __,_17UNITED STATES GUVERNNIENT Y'- T ?-'-"~ >--"'
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T0 Mr. Hoover DATE: 1/5/6' él{'92@Q;I 'i0A . H
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_,~" PERSONAL ;§§-§*w-§- Q .4 : SAC Auerbach * ~m~"""~ I 3; IA . ;*"- TS Wan?.1 _ _ .__ 1 .4', -I. V 1-_ T015-. 'f"Z-?0m____.- .SUBJECTI "PAT" BROWN !n_~gran1__._7e GOVERNOR OF CALIFORNIA = H$§G m ~*.
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. : . »e-- ta;I i ,For your personal information, Governor BRONN'caIIe Q ;;wme today to tell me that he had received an invitation from Fa3, ithe Soviet Embassy to have dinner there during the course of bLL043Prthe inauguration ceremonies in Washington and said that he wantedto discuss the situation with me concerning it. He said that, dkkhe would be glad to do anything that the FBI wanted him to dOk,&M1* _in connection with the visit, i.e., ask specific questions of} V ,»any kind of the Soviet Ambassador, etc. ' /$$§g¬Sl
I pointed out to the Governor that undoubtedly otherGovernors and prominent officials had received similar invita-
tions and that it being a purely social occasion, I did not seethat there would be any opportunity to "do any good" in connection
with the visit.
Governor BROWN advised that when he went back several
weeks ago to see Presidentelect KENNEDY, he had received aninvitation at that time at his hotel to visit with the SovietAmbassador, which he had turned down. He said that he felt that
the invitation came about by the fact that several years ago .he had gone to dinner with the Soviet Ambassador as a guest ofDREW PEARSON and that he supposed that based on this incident,the Ambassador felt that he could utilize the visit from the
California Governor for propaganda purposes.
In view of my comments that I did not see anythingwhereby he could be of value to us in the situation, GovernorBROWN said that he was turning down the invitation flat.
It appears that the Governor has somewhat come of age
with some maturity now and is thinking along the right lines92when he cdmes to the FBI in connection withysuch situations andI thought you would like to know about it. 92i I
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Transmit the followin in -.. - . , ..__.._..-..._.c._.-..-.... -a._.:92.-_._-_._
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FBI <1
Date: 1/7/61. P
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Vm AIRTEL AIRMAIL
FROM: SAC, LOS ANGELES
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1-Bureau Enc. - 1!
San Francisco Enc. -
Los Angeles
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. T0= DIRECTOR, FBI ~ /x ~~~
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::w'~/ al3 .;,? SUBJECT: GOVERNOR Epmohn G; Bnowu <§:;§§¢{%f}
Remytel 1/7/61. Y7 i, g .o- - . -There is enclosed herewith for the Bureau an&LgE,;
San Francisco one copy each of the article which appeared
in the Los Angeles Examiner on 1/7/51.
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§§Q§*SBa§ CljlizgApproved: @_A sen -----M Per ---'
Special Agent in Charge
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Fiirowlw. Asks Narcotic
- Crackdown in Mexico
_ By cam. cnaamsnno _!
Examiner Political Editor t
SACRAMENTO - Gov.
Brown ca_1led.Eriday for far
more aggressive action in
Mexico" to halt the flow of
narcotics across the interna-
.tional border and disclosed
plans for a conference with
U. S. Atty. Gen.-designate
Robert Kennedy. He warned:
As long as it pours in here
there are going to be people
that will proselyte and sell it
no matter how tough we
make the penalties."
At the same time, Brown
strongly hinted he wouldnt
liketo see capital punishment
injected into the 1962 guber-
natorial race through a pro-
posed constitutional amend-
ent on the ballot outlawing
eath penalty.
While saying "I am going to
1 ave that to the Legislature
to handle, he told his first
news conference in 1961:
I hope they the Legisla-
ture! wlll abolish" capital pun-ishment and I hope the bill
reaches my desk."
If it did, that would mean
the deep freeze for a ballot
amendment. with Democratic
malorittes_in both Houses, ad-
ministration forces may not
have too much to worry about
on that score.Brown said he had talked
to Mexican President Mateosand had been assured of his
cooperation on narcoticssmuggling, but said he still be-
lieves a white House confer-
ence would stimulate action
among countries from which
narcotics originate. -
Red China, with which the
not maintain diolomatic relations, is anotheriprolific source of narcotics. . '
Brown said there will be"unquestionably" t 0 u g h e r
penalties enacted for narcotics 1
violators, but he wants to talki
to Kennedy to press for ac-
tion against the flow of dope
over California's borders.
On other fronts, Brown:
0 WARNED at the end of
this session there is going to
be "a balanced budget and I
intend to use the full powers
of the Govemor to see we
don't go back to the deficit
financing of the last four.
five years before I became
Governor." f
0 PROMISED to name
other southern Californidnby Monday to the Public Util i
ities Commission.
0 VOWED he'll do all he can r
to see that a new medical
school is established in Sanl,
Diego by the University of]
California. _.senate President;pro tempore Bums !.!, wants
it in his home county of
Fresno.
' O SAID he wants to find out
why J. Edgar Hoover. FBI di-"
rector, for whom he has
tremendous respect, is
against a national crime com-
mission, and intends to talk
to him in Washington. _
0 SHIED from voicing
opinion oh a proposed State
grand jury to investigate stateagencies, saying, We have a
keen corps of newspapermen
around here that do a grand
Jury job every day of theyear: l|
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1'9 DIRECTOR, FBI DA"-= 1/9/61
FROM :K'Qf/ SAC, SAN FRANCISCO 3&1 -1ti:,.>»T'.'iI1i=.1 . Z' -_ :~'.~|;I'.;!. . _l_..»;.fLV 92_ -_ 11'.-".1m.__.___.
SUBJECT1 EDI/IUNDWBROWN ____
Governor of California
INFORMATION CONCERNINGI
§ Z ..92 . yi '. ~' 92 §
92.On this date, JAMES P. CAVANAUGH, Agent in Charge, ,-*T;f.=~,Security Office, U.S. Department of State, San Francisco, advised P /
that he received a telephone call on l/6/61 from Governor BROWN'S ~
travel secretary as follows:
Governor BROWN received an invitation from the
Soviet Embassy to meet and have lunch with Ambassador MENSHIKOV
during BROWN'S visit to Washington, D.C., for the Presidential
inaugeration. Before accepting the invitation, BROWN check-ed with
CAVANAUGH who in turn checked with State Department, Washingtonh as
to whether they had any objection to this meeting. State Department,
Washington, advised BROWN that they had no objection to the luncheon
but suggested BROWN meet with State Department officials both prior
to and after his luncheon with MENSHIKOV. BROWN's secretary advised IiifCAVANAUGH that BROWN has accepted the invitation and W 1 have lunchwith the Ambassador at the Soviet Embassy on l/17/61. &!/-!- ]¬§L 3' 3 - Bur aul - 1oo-36 73!gMIKHAIL A. MENSHIKOV! AMSQRDEG.!2 - wro 1 - 105-211305 . -3 - SF - 1o -o _ ! 1 1,, -1 13%J~»?>%'>¢ Ielxuv Ci-R9312? :1»; ¢1 - 105-6699 Q.! i}EQ .-/- ,1, A , /___._}_' ._2$' 7 > / I 1'.
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_ __ 11> .62 JAN 23 a961,