Document text
----_--_r_.__ :;=;1£-_~@-km. ¢:;:__"_-1' _-a; __M . __ -8 _-_- __ _._.fd_~,_ __'_ ___ H __ _ ___ _. '__ __ 2' ' __ _ . "- I '--+----.*-m-P.-mm-.-_,,..92..,...4;_._._-, -' - - ,;;_._~- - -__._;_- - --___
92
FEDERAL BUREAU OF INVESTIGATION
SUPREME COURT
PART 3 OF 14
FILE NUMBER : 62-27585
xv:/92DJ. ,o
I,-hzu->11
FILE. DEscR|P_T|0N
BUREAU FWE
C&i¬
FILE NO. @<;~a7~w->?_ __P&+392 ?
i iii if L -I W I i
ii? _ ___ _ _ 7
if &
FROM = G. H. Scatterday 1 - N / H==1~--e 1 _ Q Gqndy
.»» - I 0b Fe "
" V upreme ourt ame Check Requestoinomn rem no. no mo-nu" AMI an: lemon 5'
' on om. Ito. no. Ir
UNITED STATES GQLERNME
M emoyghdu
TO = Ir. RosenTo]:-on _i_._
Belmont ._._.._-l , !
. I
De-Lunch .__._
Casper i__._
mllohun ..._._¬_onmd .i.....-...._I Fell
uieone September 2, 1965
ovals.-
,$~ 1 - Ir. Rosen 1:::*.';.;.:.~.--
__,_.-sq,
- name check request wash rec Court,9292on The Formii? HuaIis applying for:
position as "janitor% 52¢, 1 ' [11,
.11 :2 1_._n ff?929292 A check of Bureau Pg .1m@eJ I /derogatory information concerning
I Memorandum from Ir. Nichols to Ir. Tolson/ dated September 3, 1957, reveals that the Director has
instructed that no action be taken concerning requests
received from the Supreme Court until the matter has
been presented to him and he personally rules on the request.
RECOMMENDATION:
- I That the Form 51 on be stamped
"no dero dat " an up .
<1g a d returned to e U. . reme Court If
~92approved, this memorandum should be returne _tq the meme Check§sotion for hgndling. ll f l" " *"" " l "
I
if " pgen; If !llllll|l'R 4'92 92 . 1.
y / 92 1' 1/if K 5 U .92%@ _ l
r <» n/ l /.r , I, as - 2 92... 1 92_/._-,4 M J -J Q"*>:/J99/.92* é /#19651 AH Q0 £5? !_92 :"92 --- -»-ea Z '
w
J
|
1
_.' :1 4 -
i -2; =
--4
I- ''-.2
_,
I_ _/'92Olflllnn IO!-In no. ll - |||||-Q Inf Ila! lbmq _on Qln. no. M0. 2| I 3 _
QNITED STATES Q0 __, NMENT
Memorandum
Mr. DeLoach -
Ivi /5" J0ii"es}/' JI I
YALE JEROME KAMISAR
LAW PRQFESSQR
UNIVERSITY OF MICHIGAN
KGROUND:
The 9-11-65 issue of The Washington Post"
.entit1ed "Judges Hear Critics of High Court" in which it was reported t formeran article 7]
New York Police Commissioner Michael J. Murphy attacked the U. Spreme
!"r92|nni- #r92v- "92¢92vv92r92r92'vI';v92r'|- fkn nu-lrn§nia+1~n§~inn A-F I92'II;'I'v'92':'n1 ii-naf-Fran 0+ +1-an QQFIH FI'H#'1-1-4=.T-I-_92,;92J92rl llllltlcl Ills U11: a-92ulJ.lll-lLl§Ip-L GA:-I-92Jll 92J-K 92.|L I-1111111. J92.l§Inl92|¢ QB LIIC Q!-||lr.l.l Q»4l|Ll.l92-L1],' C0merence of the Third Judicial Circuit of the United States. Captioned
individual launched a vigorous attack on Murphy's statements. The Director has ,inquired, "What do we know of Yale Kamisax ?" 92
EQQMQIIQQIN BU_FILES;
no
92 -£3 : I HOT HEfORDED 1 SEP 23118 s£P as mess Continued next. 93-9. -.
1 f I __ ig X,.92,.|4.-Q.
,0, I|II1$ ii a k .*DATE: 9-192Q1
3
4-65Tollon __.._._-
' Etlmonl
Mohr
DcLouc '
Cclspcf
Cclluhufi
Conrad .
Fall
Gale
Hana
Sullivan '
Tavol
Tlolm
Talc, Room _Z,,
Hnilr-92cl i_......1
Candy 1-_i
A
J"2
_ _ 1'.
4 2" -=.
-4.Y"
. L1-_ ll . _ _! . _ ¢
Ml A Tnnnn in 1"92n'l'.nc|nh rnnnnnFl. I -|92.Il-lcé ~92l W I-l92JQ192|Ill lll92|plIl92I
RE: YALE JEROME KAMISAR
;_1jgcoMMEN"nAT10N_=
' For the Director's information.
;=b
2 -é:>7<#-'
V
92
. aA-.-up-if.GI i0- .
.92'_.
-'1
as
w
* .
9*
-e*~.-'3' .3-. _n
A-u-19 Rev. I2-H-641 /
92- ' ' "J , 92l92. "-"Q '
1,; uilges H ear .
Q
~
l92I' , 1
Q!
" !"t-. X6r J 1.~ L, 2!_ >7 " 1*
l Tritics of
High Court
sion yesterday while Chic
i intently.
The occasion was the 28th
.- ..".ual Judicial Conierence 0
the Third Judicial cu-cutter
the United States, covering
A92_ Iv Jersey, Pennsylvania and
Delaware.
Before a roomful 0'! lawyers "
and Judges, former New york
Police Commissioner Michael
J. Murphy attacked the HighfCc'..-.'t for hampering the ad-ll
ministration of criminal jus-
while vicious '..;-asts
were loose on the streets. I-1
was referring to the Suprcn;
:cr-iminal trials.1 " ~ ;-v1, - ...--3 We are forced to fight by} .
rules while the criminals are - "-
llpermitted to gouge and bite,
he declared.
"It has been our experience
that if suspects are told of
itheir rights they will not con-
fess," he added. 92
o _Yale harnisar, law profess
icriminal law, rose to launch
, , . dient. i
' "Fighting crime is a _'i.;.-§ _ ,.... . ,L! 1 H URE .icu_lt. frustrating busines,-. J1 SEP, lsJ3op1e eweria :j/[fr ;,I..LQ Q for --Fild Kamisar. When you -i - '
can t handle it the éaSiESl. anSept. 10 UPI!-The U.S. Su~
pi-emu Court was condemned:
and praised in a panel discus-N
f
Justice 'Ear1 Warren listened
. ' , 1. Q/vvc-'.JJ" _ 6" 31- ~Court ruling in 1961 that ex-1; i /Q ;_._.. -._ Iatended to state courts the Fed-: . Z _ ' : _ __eral rule that illegally seized 1 -' "
evidence is inadmissible inii "".92
r
at the University of Michigan
and a -leading authority on
vigorous attack on Zulu:-phy's
statements. At times his re-.
marks elicited laughter fromil
the crowd, including Chief
Justice Warren and Associate.
Justice William J. Brennan Jr,
e - Kamisar called Murphy's
giposition "simplistic, na.rrow- J IJminded and politically expe- -s-nu -Him-'0a1iSlr==92 Our --i»H I l , The National Observer J
f _ _ , .. , .EL! /S! '%niost politically attractive tie-' 4"
_/"~ o on
-I on,1 _ _ Mohr 'J De-Lo ".Coupe?!
Cc o on Conrc "W
Fe /Gale ' '
meill":
ullivcnin
V ATLANTIC cmr, N..T., TY-_ .5 i- V'l'uvei.__i_
Trotter
!,._._ 92 Tele Room _..__
.. -- Holmes J ' Gcfndy ii
1. ____92
fr
f .4.
,p.
921 IA J-!¢~e~I': 4-1. 4 1 4,, /'
The Washington Poul and
Times Herald k92
The Washington Daily New! .........._¢.
The Evenlnq Stor __..i-lav-
New York Herald Tribune ii
a New York Journal-American _.._._._
New York Dolly New: i_...i.'-92
E /. _ - ' 92 MR' 92 ;JFFlCE OF DIRECTOR 2 :
FEDERAL suasnu or mverncun. u M
um-ran STATES DEPARTMENT or JUSTICE Ma
MI!
November 1'7 1965 DMR
MRThe attached copy of a letter addressed
to the House of Representatives was
sent the Direqtor anonymously from =
I .1 ; , ,Newark,_. New Jersey. 1,TOLSON 74
QELMONT -i
MOHI
CH
AS ER ?_....__
CALLAHAN i
CONRAD is
FIl..T_..-....._..i.._
CALI
RGIIN
IULLIVIN
TLVIL i...i,,
TROTTII __._.i
J
TILE. ROOM is
HIII HOLMES .i_._
Hill. UETCALF i._._
f_- ml: GANDY i.._
0I
6 92i9292
, 15/
J1. 92-1
.0. 92
92",. i._.
¢
-ma
.. -_,,..._-......_-.-. '*1 .- V- -------~ -~- --
4}? I- I _ s 4' 1. U 10¢; bpw
I_ lav. 101100: '
1
'_ 1, _ 1 .
_ r
lenuritlngtoovtryoonp-cannon _
at:-toil: Iunueuna_--.1-8,-,~.1:-%=:.-2'.-E-£.a=.,-atei 2
:1rudydld.':lnn=r0elao:n1
.Aneroa-80 at leap up
tooeuubetlh :|.'l'hoI'elthoIeuI'
I aedtnocoragodanlllqulldandhwlou
I-Gall, ofthon-nnlateduot-6 nether
tbatr favor. Congroeqolta ldlyhqaaddeee
of may-an uinteeaaland llkelvdll. Ire,
by Q-no big Lad e_r._ ___ _o_- ____th Q! QLQ gm; _ ___ _-w_ i V_w_,,
. hhnnkn to
;i polo! lo
ouroohoe
- oat:
%___.»_ 1 . _3_%w_r'__' !_ J7 __ =_ 3N ~_ _92 _ "1,"II ¢'r_ l| ll_,_ _ p _ 5qE_ 92!lIé_ li9292 1 i ___ 92 "92!r! '._ .__ __ 92 l___ !oo____t . is U _g§___ 5O°4OH:vWOO¢OWw5HOHF O~@+B4OI¢PnHFwOBop.
i "IKE: . UI JQ _
.111:
'5.
-ea
.%
,.|..
-..,.,._
It23;;Tu
3'I I
a
Qg..- {J J...
392
92Ol,.:b &
November 16 1965
Federal Bureau Of Investigation,
Washington , D. C .
Gentlemen:
I wish to report a co incidentqwhich to me may have other
implications.
Over this past week end the Los Angeles Times carried a
short article stating that," Bettina Aptecker, who was a
prime mover in the Berkley uproar, has announced that she
is a communist and has been one for a long time? This is
the same person who, when asked by a reporter during the
Berkley trouble just last fall said," I am a Marxist, if
I said that I was a communist, I could be jailed under the
Smith act"r
This is the same girl who's Father is the head of the com-
munist strategy organization in the east.
Now just 2 days after this dmission of being a communistappeared in the Times, thecgu reme Court, hands down a
decision which throws out practically all the penalties
of being a communist. And Gus Hall said that he will run
candidates for office on the communist party banner.
It is my feeling that the communists have a plant in the
organization of the Sufreme Court, who tells them of the
pending decisions, and how it affects the "party".
If so this is most dangerous, as he can plant information
that the communists want planted, just a well as leaking
information out.
I present this as a citizen who is worried about just where
all this sort of thing is leading us. 9- #
m ff -! Yours truly 11 NU Eli
gMr. Tr-Tson - "
Mr. B-elmo
: .921r. Mn 4"TMr.na1z% __
i Mr. 92'-u- - ..____.,
4 mr.rmn»hunl__
A an-. tfnhrasl ...__i Mr. Felt ....._.___
Ml. Gale .... ...._...
Ml. R:-pen ..._.._
. Mr. 8uIlivan.._.......
-i MI. Tl92I'Ql.._........._.
i Mr. 'lr~tter.___...
1%h.Bmmu___IMn.aama_l.
Mill Gandy......_
*3 {Th
'35
A ,5 , F*7 {'ii";'°i'wi or Q Z in92 . _,
.7 2-" . ED[QM 07¢, 1 1;O§O92?Q_f};Q5
_ ..._-.---
Qz:_
$-
- :9v._ 17 ___7 _ 7 7 7 1 ______ _ ___;__.._, -r.' . - _ 92i1--- -----i-~ ~--i*-" '
, L
Q
¢,4/ Q2 -2 7.$"?.$»."' K
1>w_
Your letter of November mm has *1 E
| been received. . '
. 92
I can assure you yoixr Interest 111
furnishing me your observatlonsi ap1=re<=1a1=<-=<1-
Sincerely yours,
' * J! Edgar Hoover
;{ ,/
94/.. _.__ V _
_! 92.J _
Nwember 19, 1965
W I 'ng ach2,Ca1i£orn1a. -;
I1-
M4,?
1'©
@ ~
is not identifiable in B1Ifi1eS-
Tolson o
Belmont i...
Mohr
Dehooch
Carper
Teie. Room .._.,_.. Y - _ 92"_* "Holmll ' ' I " 0 _, _sung - ' ' ' " um. noon-as TELETYPE uM1T[:lColluhon _92_ ,- -2:=.~:"" ~,9292 1.1 =-L M22:: >_ K 9/9" rSul"an " -I '| l*===1-1¢*e~ My dew/1 //;a/W WQ55 _ .
edge4:
cs¬
:5
-q
Q
1.111'1
5:
'?J
We
FRO .92l
SU@acT=
Court of dppeals in a contempt of
fronted,£or Tramunti, a leader in
Nostra, in a huge dice game being g ylarea during early 1963. This game, which was described at
IO
QfIIQlll92 IOII4 IQ. | lilo-IIOHA! nu gmrum-0
OLA Gill. IIO NO I7 !
UNITED stares <1 ,ERNMENT
Memorahddum
Mr. one T&HQR-1' .
I .
T. J. McAndrews92kR92
.-,
.'
1'.-'14 I !:¬/' n F oars; December 7, 1965
/%4CARMINE TRAMUNTI, also known as, ET ALQi/ .3" INTERSTATE TAANSPORTATION IN /Q3' TD QF RACKETEERIHG = GAHBLI -V D92.. ~"
'-'o.:.'.n iii
T-L-__:":"i>. Is! I P.'.c.:.: i 'cU;;92_ . clndhi _,__.-"Con: at; 'Fell ..._..-Gal-:.__ '
xi '
To-ml
Tuouer .i.-__I p that _............._.,...F , __ Tale. Room _i...
H01: c s .i.-__
_- jln a ruling handed down December 6, 1965, the United States
Supreme Court reversed the decisions of the District and Second Circuit
court conviction of Al Harris, who
the Thomas Luchese "family" of La Cosa
operated ni htl in the Miami, Florida
the time as-'-1 ' = 1 1-. IA ' - ....- ..-_..... _ _- ..__..__ __tee largest ever to he MGLQ in Miami, reportedly cperat don a nightlybani: roll of $200 000. ' ~ {_ .' 0.,» um J T Gm Q <4!»
During 196° this case was bro ht before a Federal Grand Jury
_ ;ticular1y regarding certain
;:ida in connection with the
-J testify, claiming protectio
gsanted immunity under Section-.1 Lg
the Southern District of New York and Harris was called
telephone calls between New
promotion of this game. Upon his refusal
n under the Fifth Amendment,
409 ! of the Federal Communications Acté
allowing Harris continued refusal
-nmunity, he was called beforeto testify,
York and
Harris was 92l
co testify under conditions of g
a District Judge in New Yorke Southern
Jistrict, sworn as a witness, and the judge propounded the same questions
which Harris again refused to answer. Harris was thereafter held in
contempt and received a one-year sentence under Rule 42 a!, Federal
Rules of Criminal Procedure. The Court of Appeals,Second Circuit,upheld
the District Court's ruling.
_ The United States Supreme
Justices Stewart, Clark, Harlan and
a procedural issue, ruling that the
which th
of the dignity of the court, the quelling of
OIe majority opinion holds isCourt's majority opinion -4, with
White dissenting! deals primarily wit
handling of this matter under 42 La!,
reserved for such matters as afrronts
disturbances, the handling
insolent tactics, all within the presence and hearing of the judge,
was in error. The decision of the lower courts is reversed and this case.
is remanded for proceedings under Rule 42 b!, which in general prescribe:
the handling of all criminal contempts except those specified under 42 af
1
L ._
L -1.-w ta =
1|-
-. r
"1Belmont
r. DeLoach '
I-
1..
-.
..-.Rosen
"~ll' .Eisplia {IL -| 92 . /@,;,-;175'35- 1.- Y '
~01" RE¢°"°" co:~r'11:_:an;»-~-ov;~.*;=.'-"
12% JAN 1 was T _
w ,L'~-3'-.
41-..-._
~-
*§.._,.
E~
r
8*.
._,_-.
a ...
'-:1!
_-.0 92-
{U7
Memorandum to Mr. Gale
Re: Carmine Tramunti, Et Al.
In reversing the case,
provisions of 42 b!, which,
that "the defendantthe
andJ _
the Court specifically quotes some of
in brief, call: for notice of hearing
' entitled to a trial by jury in any case in
which an act of Congress so provides," and for the fixing of punishment
u_-__ _ __-_"IJ___ ______I_I _4_ _pun a guilty verdict.
Of particular pertinence to the Bureau's work, however, is the
majority's launching into an im lied "fear of re risal" doctrine. The- . -P t ._ e~L P _..ii.e-~-_-Court's opinion observes
cooperate with the grand
Refusal to answer may be
or his family" - - "Wethat "what*appears4to Be£ Br3Een refhsal to
jury may indeed be a ease of frightened silence;
due to fear fear of reprisals
can imagine situations where theon the witness
questions are
so inconsequential to the grand-jury but the fear of reprisal so great
that only nominal punishment, if
important cases in the field of organized crime in whichany, is indicated." This inclination on
our more
immunity is an
;5SUG, primarily our case against Chicago "Commission" member, Sam
Giancana; our convictions of several members of the Thomas Luchese -
"family" in New York, and, for that matter, our general theory of 4 ~the Court's part could well have an effect on a number of
lprosecutive approach in hich weare making valuable use of the immunity w - .
provisions in various statutes in our drive against organized crime.
With regard to the Giancana case, the Department has made a
preliminary observation, in light of this reversal, that, while Giancana'
contempt citation is a civil matter, on which the abovediscussed decisi<
does not touch, the Court may in
the Government
are scheduled
the Department
OB3£iViTION
liberal element of
blow against law enforcement and
he will, of course, push to have
however, it is not known°h0w farI Thethe future return a ruling adverse to
because of the introduction of the "fear of reprisal"
doctrine. Concerning the convictions of Luchese's men in New York, whim
for imminent review by the Supreme Court as a "package,"
feels that in light of the Harris decision these
convictions may well be in jeopardy.
the Supreme Court has struck another
the drive against organized crime. s
Harris tried before a jury for contempt
the Supreme Court is going to carry
the "fear of reprisal" doctrine which they dwelt on in the Harris case.
[permit La Cosa_: appears that the Court might well be adopting a doctrine which will
Nostra members and other racket figures to defy the
_mmunity provisions in Federal statutes by claiming fear of reprise;
_ 2 _
il
92
L I!
u
Xcmorandum to Mr. Gale
Ac; Carmine Tramunti, Ht Al.
f?0m La Cosa Nostra. If this is true, the Court may also reverse any
convictions obtained by jury trial the same as they reversed this ORG.
-I-"q-.-,-.1.-_ - _l.92.....;92...i|,i
We will urge immediate action to have Harris tried under the
provisions of Rule 42 b! and we will closely follow related decisions
as they affect our work, particularly in the field of organized crime.
¢@<¥7 . '/ ~"
i j -1 W. V/4 i- /W4.
! so
/
r/' :.,
I
92 I
O_u-
92
TO :
mm = G. H. Scatterda Jr 1 . |/- l¥?°mlfl W 1 - Name Check Mi
00 /~ --é0', I J* 5
P ISUB] ECT
1
~-'
5%
".4- r
$7?_;l. ,.
I
L
Q,
I
I
'$.'=¬ii __3;?
:1-1'. ~
.
E=
'f';*§.*:J: ~ -1. -
OD r O- TX./1} . 92
/J O
OHIONM IOIM HO. IQ lGlOlO6IA? Ii I IDI more I t J on om. no. not 11 ~92
UNITED STATES GOVERNMENT
Memorandum
Ir. Rossn
J 1 - Ir. DeLoach ll!92 Q, - Ir Boson
1uu.l_n cnlczr. Reeves! _- .
92
By letter received December
was received tron Ir. John I27,1965 a nape check
i SupremeV I110 was
etter
or a position with therequest
Supreme
A check of eveale no identitiable
nformation concerning and a name check of the
Identification Division no arrest record tor herI
Ilnnlnrnnllrn P-nrnn II-an Ill nlnr-Fla 4-A [In lI'92:921 man 4-In-I-adI -nu.-nun. nuuum -an nun -A Q ua.92-uvan our Q4 Q guanvu uqycu
'9/3/57 indicates the Director instructed that no action be
taken concerning requests for name checks received from the
Supreme Court until the matter has been presented to him and
he has ruled on the request,
RECOIINDATIONl
Q
That the attached letter be sent to Ir. Davis
indicatinz that no investigation has been conducted con-92 cerning d our files reveal no information929292-1d8Dtif1& a3.; we 4- 1:14, R_£_[_1-99. A .- __u _'dIw92I 1 - . d;ij &rr£ U//@;¢jtL
, , ¢»c+»'--=--- ;' ' 1 =
J-LI JAN 101955/ FJ
il-
o-_,/ 3
/ /e
,.
/;/,#53 JAN 141955Tclson -i
DeL.oc|ch i
Mcml -..-._._...._i.._
Casper i
Callahan i
Conlad
Felt d
wosenSuihvon LDATK January 5, 1966 TM
Trotter L
Tlci. h__
92
_ II
/J/-Q
57* I//92.
no _
' - I1 II Q4n&/ "'-- - u. I1. Dun!-
SUMECT
~
Qbe
we:'."::::*.:.:":;":~ F LI "--~- t '!
on am. no. no. :1 _ T0150"
UNITED STATES cox INMENT ! 3,:j;;"='= -"' J * Wick
Memorandum
Felt
DATE February 9, 1966 gin"
llvel ii
T H. _i_-i1':?l..;oomL ' iiuimi ...i_...1 II R0891!
--an ELA-WQH i i at
cnnclcnmqunsr
4, 1966 a name check was ved
horn
m tes that u .
applying for a position as "messenger." 1!<b4! . __;__ A check of Bureau files r ve n identifiable
tory information concerning
Memorandum from Hr. Nichols to Hr. Tolson dated
September 3, 1957, reveals that the Director has instructed
that no action he taken concerning requests received from the
Supreme Court until the matter has been presented to him and
he personally rules on the request.fl
RECOMMENDATION:
That the Form 57 on , be
stamped "no derog data" and re urne 0 e . S. Supreme Court.
_If approved, this nenorendnn should he returned to the Heme Check?%§;{¢ 1; 19_L_gqr W135 n_d1 1115 . * '
I
on aIf/7, K I , L7/7
1
I
V L/V Ex. FEB ]]_]]955
Q
u-
.1-I-.572 IRQII. 7-1B-63! ___
amount noun no. rl ' III-|| -N
nun uh! romanC3; Olin. Ill IO. II
UNITED STATES GO, EZNMENT !M emorandzlm ATOM 1 The Director DATE; é
FRO I N. P. Callahan
55BJ1-CT The Conqressional Record W
92
92_92-
¬92
- 92
Pages 83353343. Congressman Gross, Ii! Iowa, pointed cratFrat on tile ta trio U. 8. ~.;:1§>1¢i."-19 Court, ignored and garnering aaet tor near - o A -. G E 1% ul.92:9292 : fit: F _ "V' " ~ O E -mare, :5 --'" iticz" 2 t o - in octet! L e e .ec:=ini, ;-tor: A
- Liiior ictrd £'.a'-_'.0r'.;, rode:-at ;92:dg<:5 in-QL'.ialw0:.;3 City, L2-Ina. " 2.1:. Cross acts
_ Lari; information pertaining to this read. iie 92'.Cui. on to .-state "As a citizen and
st azeaier oi corn-,rese, I came! sit tar; by and nazcn wniie inc rev.-;ect1-.nci
coaix-ance in r:-.2 i~eoc::aiju<i1:tary is undermined in Oaianoata or any Otzor
31¢; of we Kaiian. Ana I iabmtt that there are other areas that new attention
in the strongest term at my conumaa that the proper committees oi
'aagre.~se launch an immediate ineostigatioa. "
ié-;%;.e§%.Z¬.?" "
128 MAR 1 1965
EL I
_-"'__|-g
WW3. 19556
in the original of mem randum captioned and dated as above, the CongressionalHecord for Q was revievqed and pertinent items were
marked for the irect s attention. This form has been prepared in order thatpoB@2 %g of the original memorandum may be clipped, mounted, and placed
in eau 33901 subject matter files. '-I
_ -- , _ . .* 0* 0-"an ma no. I0 = ma-m ! 3U i I - ' 92- luv I I ID! Ian61-I ulna. IIQ. NO. llUNITED STATES GOVERNMENT
QSQOI --itElli _
Fall
Galain-. DeJ.4§-{nib DATE March 1, 1966 ,"_f,1f' "
~A. RoseJ, ,. _ _ - Mr. DeLoach
H1. Wick -iJL'.'i1Z;_ "__...
Hullnn _.____p V Bandy __._il
b 1 <~5UFC'JAMns RIDDLE n0wrA¢ rm AL _----.-__ ----_. --------, ._-- --15 - _ _OBSTRUCTION OF JUSTICE - V
information was furnished to our San
Office
memorandum be sent to the Attorney Gen-
eral furnishing him this information and advising that no action with
respect thereto will be taken in absence of a specific request. It
is recommended further that the attached airtel be directed to our 1 ,
San Francisco Office advising of the action being taken in this matter
E
92
92
I
I
|
£;¢1ee;e » ' 4/ i/15"?-*% f " "t
>..m ' M
<1 3
.
92 ' '
- Memorandum to Mr. DeLoach -
- RE: JAMES RIDDLE HOFFA
I
RECOMMENDATIONS: -r
._ ,_.
bat.
'17dissemination
received information, nor made
the _ 'shou1d be concealed in f the tion to the!Department¢ ~Attached for approval is a memorandum to the Attorney
General with copies tor the Deputy Attorney General and Assistant
Attorney General Vinson furnishing them the information received and
stating that no further action with respect thereto will be taken by
this Bureau in absence of a specific request from the Department.
3, 2. Also attached for approval is an airtel to our San
L}-. - Francisco Office advising that it was necessary to furnish theU{;// identity of and 0 the Department. H _
;5h ' -11;? .. 7 i A C95 M
A }.4..»<L n4'92-MM-s"92b92 J .
:3 . W4?
164 W» 1,/vI¢?,-*"D -
2 4§,j'+>%
.-1 ¬
15"?
, . -n ..,__
...' A.r.. EA, __.-
. .,-1 ._,.~11-
dsl- -5:: L.
D-w
.. ,..*.
if .11.__ -.-4.- 6'!
/
... ~=*~_, X
i ~ . b J
we
cwIIICH 3, 1966 . /c i 9 -_, ./'%d'-GUT A - BY.LIAISON
- Hr. DeLoach -Q1, I-. '% : Hr. Wick .»
Honorable Marvin Intlon '
sgecial Assistant to the Preaident
The White House - e
Washington, D. C. ' ,~
Dear llr. Iataon: " -
The following intomation, which wall given to the '
San Francisco, California, Ofiice oi this Bureau, is being A 1
- furnished as a matter of posaibl
--A!
_ _. ---_
T: Zn! H-_;.
_"J
|"I'
II[7
.72
~ Q
-__'__ 92e
-
_-I
V
F
memo Rosenwto hehoaéh, WAF:ba, 3/1/66', captioned q»- nmms RIDDLE HOFFA' ET AL psgwauggqgg OF JUSTICE. 9292W* I '92 92° L MTm:.on
I
Cm I'1__-i . ' . ' Ian , - Q0} ~.y"-'5': :--,;~.e.- 92~
. M = /I" Q,
Tr?-1'-@,,':*f_E! J. F: 92 Q$92$}gy. ._ a 92 "" I ,g¢.._d-,- if: Mil R000-iE_:joT@LETYPE umr|::1 H QQ 92
" C
at
~ L: -!
w ,1"Q
' 1
Ho _ IIHIH Hono:ab1o.Iarvin Intaon
_ Tho foregoing intormation has been tarnished to tho
g Attorney General with the advico that no turthor action with
n respect thereto will bo_taken by this Bureau in the absence
. oi. a apqoitio request {mom tho Departmont pt Justice. -
..-.¢"@.»I'~»»'» vi:-g: II _ ; t , L~ 91P¢9*'1¥ 7 *'vt '
4- t _
I l
92 .I I
I| I I 92 ; 92 ,
1 I ' 1
I I I I ",
II . _l"
I l 1' I | 11L.
92-
. .._. 4- r
- 1&1:
-o=1.' 1 | 1
I 3
II I 92 * I IJ
III I I I I 0
".I' '1 ,3 . . .92 I |_| I
-,' 1|92| | |92 1
J. ,1 |
| I I |r I
I
;~Z;-*5__ l J I Fl
- |2. "Ig-gig I 1| I I I
1 _,
I 1- I 1 92 I I 1 I 1 I I
_: I
_ _. I 1 1 92 |
_,,.___ t c | ' . - . I I
'1-2-1::-I ' "
*;. " -~
. .I_ 1 ' ' -_
- .,._;'-I___,__,
._, _
.. . ...-__...._,-_2;?-
to
.x'm
92'.
t u.
5"."
!;m- '1'
4'51}
.-. _92_
I '1
- 1';-T:5-"'"f
_J_ E --=-L= .92r~___, .
..~.' -'-- -El
.--1r.~
**,¥.¢;
E-:15; '2'
1.-'__-;
- -.q"~+> w 3 I
II
O
/' _ _ 25 umn,19e6.
Mr. J Edgar Hborwer-.Hashibgton, n ._ c. 92!_
= Dear MR.Hoover:
I am sending you this information you
already know about but I an wondering if
any help can be given to police orficaraI a.mret:l.red from the Ice Angeles polioa
Dept, you dcmt remegnbor me l'92'..Eocw'er but
about thirty years ago when I was riding
motorcycle police escort there {cameom Insoles» ii»! my
being your eeoort Mr.Hoover,'.l!hank
Tr.» aifl of you I thank F011-
W, b!!/'
..
, v-.-92 be i 2,,/ /1¢// mm 29 was '-7- , . _
TIE OOUBT CAUSKALL oul mo1m.1r""'.'
The President can reverse
the trend to crime and addic-tlon in tljlis country beg address-lng his plea to uaemeC -.cu? _t the Court reverse Itael£
Ion Prayers, Dirty Books, Com-
munists and other criminals
and then watch Axnerita re-
turn to sgnity and respectabil-
ity. . - -
The Court at the behest of
the A.C.L.U. is behind all th1:
unrest and contusion thatI
C
curse§"'!!'l'E" leased nation. _._g Am1cx, captain and essigmd me for your escort w P. 'n 7 1, C3 we went to Hollywood and around a few '
placee wewere over on Sunset Blvd. That was I11Y.EL'§1-9515 515111"Mr. Tolson_._
Mr. DeLnach_
M . < 1-,t
Mr. e.sper._.._
Mr. Call.-92I1an_..
Mr. Cnnrad,_._
Mr. Felt_?._.
MI. i.1ie.:___._
Mr. R-151311 ._._...
Mr. Su1;;van_.._
Mr. Ta.vel._i
Mr. '11- ';ter___
Tele. 1?oom___
Miss H¢lmes__
Min Gandy____
:-_i._...__._._
3-<
3 _g .
92
¢
/_.-"1. 1
¬° _ Q e M-£J" .»,/* .'»~=% ="/J W 59* .n r - G R.|,~'.¬5 '3 E
-n-'*'/
1
am
H'92'_;~ -
- 1_'i-
7 h ,_ 1.A-':-.
-.-v_-_' in-*1» .-_.-4
>
~g=,-.~
-W' an
- -'.. ii
M
March 31, 1966 ' at-191}
I V I» 4,;-;73*z.r» 9' /_ V
GIN-4;?-I
_ -_. Avior by,
Deer
I received your pOltI.1 card oi March 25th
Ind want to thank you tor remembering me so kindly. 4
It wee thoughtful of you to make your views
on problems confronting our Nation available to me, end
I am enclosing literature which I trust will be of interest
to you.
Sincerely yours,
Hoover
Enclosures !
1 » Little Rock - Enclosure
Faith of Free Men
3-66 LEB introduction
NOTE '
I
we ,
MAR 3 1 1966 '
COMM-FBITolson L
LeLooch Mi
M hr0 hiWick it I.-nmd __._W_.u
F'e[| __r____i
Jule ___ -
.7'n:'.en ii
J '1 1 i
- .... H . .
H1:'nr.& "'.;m-, __,_ MAIL Rooum TELETYPE mm E1 1!-j92_q.i
U1?
/W1
Ifr
1!-
LL
'21
£2!
E-Era-=21
-ki
t is not identifiable in Bufiles.
1 7
r,I /V
1 f
.1-1
'-.~
L?
e
- :-
it
nu
i .- 15,3
1 -"'¥'
,_'-,1-4..
is 1:;, . ..., -1- -.--.-;_
.5:'='f
., -x -
I :v
11*.
at-5_ - v
L _ _
-~m1»-= .--92
-_ J. L/0
U0Olbnn I021: I-IO. I0 - 1010-my, MI! Nu lnmou 5on mu. nu. no. ar 1-Olson
lHTEDSTATESGCi?RNMENT J §f _ lickMemorandum
T0 = Mr. Rosen mm-:= May ll, 1966
nw,
107"Sulllvm ___._i
Tuvol ___i
Traitor ...__i_
FROM : G. H. Scatterday T '
- Mr. Rosen Hen. '
- Gcndy
CHECK REQUEST E ! CZ
r = I.
// 9292 On
received
"Custodian."sumEcT
name check request was
U.S. Su reme
Form bmit!e! !ndicates
applying for a position as
H nhnnlr AP D-|1'In,¢:r-92192 'F"l"|;-92n 954511fl 921llc92ul'92- 92JJ- JJ92J-L L -I--I-CDZ!-1,3, erogatory information concerning
Memorandum from Mr. Nichols to Mr. Tolson
dated September 3, 1957, reveals that the Director has
instructed that no action be taken concerning requests
received from the Supreme Court until the matter has
been presented to him and he personally rules on the
request.
RECOMMNDATION:
cl_ " That the Form c57
,_- .
A _-Z"".411-
I _.
-: 53';=2 92.- i92 ., =,_
~___ .;_ .-.
_. Fay
?.IFROM = G. H. Scatterday
m<!g Q ;9i7é"/JOIYIONAI. POIM N0. III ~ I ~ QOIB--IOQnu! urn mmcm Ion em no. no. n
UNITED STATES GO' RNMENT
Memorandum
T0 = Hr. Rosen
¬
96
5.
RECQMMF.-!~!DA'!1 on =
Th 1; tn F 57 be stamped "no derog 3. 6 OI!!! Oll
data" and returned to the U S Supreme Court If approved
this memorandum should be returned to the nme Check SectionTolson ......_...i
DeLo<:ch i
Wick _._._...____
Casper .__......._...__
Ccliuhcm __i_._
Conrad
DATE lay 18, 1966W011 ii-
oval ...._...._.i
- Hr. Rosen R$;;
- Holmli it
Candy i___
REQUEST
ame check request was received
57 submitted in icates that this
is applying for a position as "charwoman.
A check of Bureau files eals no identifiable_ nnwmnfinn l'If92I92.I92QIII924I'92 " " """ " 5
Memorandum from Mr. Nichols to Hr. Tolson92 dated September 3, 1957, reveals that the Director has
1 instructed that no action be taken concerning requests
received from the Supreme Court until the matter has been
presented to him and he personally rules on the request
or handling. W
$
1'4;
!
3.? } 92
511 JUN1'I"W _ '/<5 aI REG?-- !/ -
p3:éZiZé_Z/
1-=1 MA" *4 B5
||pn-$i'¬-
'2
. _ I _. K. -
I
|'
4:50 Pm - June 16, 1:-ace
1~.-<;z:o:.::»:;1.-::_.1~.-1::-.1 2.11:. 'roz.-sozz -
ton. on LOACH
1> mot;
Senator Robert C. Byrd oi West Virginia called and szzid he was
wonz--oz-1:13; ii somoo¬n the Iurc-tux could p:'ep;u'e for him a. Little speech
witiz reiero-.-zoo to the Eooreme Courtrultng on 2».-iondny on police questioning
oi swpects. "
I told the Esnator I cc-.112? got that c1=':;13. I also tolzl tlzore is a.
Cozuplicliisn ti;-are 17111211 the Cizisi Justice triad to take care oi in his ot_:in.ion
1:. :2:-:e t:';,*i;13,' to ol:.i:.1 tlzéro is no cliliorontiation botwooo the types
oi Cli1'.:8 by the F22 and tits-so oi local authorities. I stated that,
oi co-";"~.r:;'.=, is not c:.*;Lr:-;1y a-.:;92:'."r::.t: :1-:2o2:.1r.: in E.-'s=;1cra1 crimes, you generally
1".::::,- t:2:.~ o:.'_'-2 1;:-':-.1';;r 1.1311 1;-_;~.;.2 1.:-Liars :1;t;l:i;1;;' an arrest and in loocl crimes
3;;-.1 11;; an a';';---- or ::.:::.-115: zuti ti-.2 ciitcor its to :.;:i;e an arrest
- 2.1: coco. .. .;-'.":*.t:;i 11:1;-1' :m;.1i:;_;;s we 11:1: 1;.-we, a person has to be advised
tlzstt ho :1:-:;,;l not mad can l"=.z~.vo a 1aw;=er, at co-tora, an thereto:-e I think
. _ it Exit the local aulizorittas inrti;-r the Federal authorities, but I¬ vzozsio. got 112.21 up some notes on -
Senator Egoré statcd E12 would agpre-ciate it as he would like to maize
a speech on the S-smote floor that ruling.
* ii: . I spoke to I=.';r.. Tolson about ti.-is matter and instructed that it
be t:::.:1i1or2.1-awn .
'
1".__ Very truly yours,
J. E. KL
6 -1 1' was
John '2"~;:*.r Hoover _
.92-- --1 LQ 1 - 5;
no-r nzcononn _ ,_ MU _ H .,
q -* 12! JUN 201965. - SL-TNT Ff? :1 0,-. _TIl"_L;L. - TIIJE.' 171 I; __,.-_.- ---" DATE _, /. fo/Lt - .1/'.,,=' 'Iii
-ro.:er o _ -5 ' 1-;1'-1"<,T.; mi fa. l ,- '!'!92 '_.,|m ° .3 // _, 92tow»: 22=>19eF /t<
P
T
J
92
,1,-92$1
K1
..r"° H0 92 W /A 4 92,/ $5 5*? * W
I <OPTION-It loin uo. Hf ' - gmn-.|n|nun uni IDIIION 1 !
I Tolsoan em no. no. :1 ;
UNITED STATES GOVERNMENT
A/Iemorandum
T0 = Mr. Rosen DATE June 16, 1966D@Looch __.._
Mohr ---i---
Wick -----
Cosper I
Callahan
Conrad
Felt
Cole
I gas QVUI1 1-ii-
Tuvll i._._..
FROM : G. H.
QCsumscr;
0 mm!-2 cnncx REQUEST
/H 966 ," Him _ ' 8 - K Holmq
_ Candy
L ,
a name check request was received
kg A check of Bureau files o identifiable
é! "derogatory information concerning
Memorandum from Mr. Nichols
dated September 3, 1957, reveals that the Director has
instructed that no action be taken concerning requests
1 received from the Supreme Court until the matter has
been presented to him and he personally rules on the request.to Hr. Tolson
RECOMMENDATION:
That the Form 57 on be
stamped "no derog data" and returned'to e . . Supreme
Court. If approved, this memorandum should be returned to
the Name Check Section for handling. S '_., Mr . Ros en Trolllr ___i_
A, , Tole. Room
67¢
hal, HI il iiiiiii iiartl on
° -In
h
AL
C 92 '
Olllomn FORM no. 10 1' ;q|°_| I-II I00: nmmn _ |95! GIN. IID. NO, 171nnTsDsTATEsoo.£RNMENT ! §§1L--
Memorandum 3'§="'=~
FROM = G. H. Scatterdayqgg bf
H is/v"k;T%1.
NAME CHECK REQUESTSUMECT
_____......-i__-,_.j
-1.., a
._,'_.
, ~ rivate." 1 _/v ,
. _-~. ':.,1
Form 5? submi
A pplying for a positCallahan
Conrad
Fell
av I D- H1. ROSBII Trot:tr__........-._-
-.mun____e~=k ;;:;-.:=-~
Y5?
966 a name check request was re
hal, e Court on, ce
bn_:n.TO : Mr. Rosen DATE; June 16, 1966
S cmii.
1 Y
1
Candy
b
ved
QZl¢G§
iCG
i7_ A check of Bureau files reveals no id tifiableb *" erogatory information concerning i
p _ Memorandum from Mr. Nichols to Mr. Tolson dated
September 3, 1957, reveals that the Director has instructed
that no action he teken concerning/ the Supreme Court until the matter
. F him and he personally rules on the
CQA5 RECOMMENDATION: 'requests
has been
request.received from
presented to
That the Form 5'7 on be
- __Q, -._-. _.. .. . .,. wééwt -ru¢ .
an»V152
r
¢~;_,
-
,-
.- _
I Q;.; .. ,__. -.4_ -
L -.
1 . Harri .a-,92..- _._ ~.
1;'.* e L,,,;.2
'+~ l,."i-5?."
V
I4-512 gnu. 7-15-63! IYYIONM IOIJA 91°. I. "IO-IQ}Ii-IV I'll IONIC"GI-l CCU» Il. MO, IICUNITED STATES GLJERNMENT '
The Drrector DATE: -/"4 /? J
N P CallahanMemorandum
§/Rom ; _ _
SUBJF-CT= The Congressional Fl rd1 "I" '/1'f" ";'£::'
Pages £2455-B436. Congress:-u I=I1'lll, R! om, inn-ode-:04
1 nso.-..-axon H. J. Eu. 1165! -r -11:; or 1 ndant was Ceutimioa ea
ll 92 tars United irate: roman; oi Ull 5ue;e;:0_l___aurt to declare our-i i ._&3i_i£?_?.*f*:.a2E igwyogggqggiairr 2. &fEI"w¥nTniif0J on acims 6:"i'§i are
~ SQ! rm pasz an.-era; yarn warn-<1 Tail an neat dleili-In in 0 Innis:
liaaution ll in can oi poiieo niercnannt rue: coaneazod Iill the rueerug
ii 1" i=~192!I°Pr ammo: ll 1951. freon norm in be 0 tenancy by the Curt in
t:'=I imuni .1 L4 iartrcaxora and in em-egud II the rignu oi me mu-
sinaing A cap; Oi iiiiii rnomaoa Iili be 05:11:04.
/ K7/--/r "' /' J
,1; J I
T ,___
0w
/92
N
'92J, Q
3 1-
;: *' BEG: 24ll
NOT ';_, ;_145 JUN . "3 "*~~'
In the oriqinal oi: §e;giancium captioned r.":.'1 Hated as above. U19 Conqressionul Record fOr§1@4'U¬ was reviewed and pertinent items weremarked for 9 rrec r s at 1 . This iorm has been prepared in Order ihl
pQfHQ[1$ of a copy of the original memorandum may be clipped, mounted, Grid Placed
in upprcpfile Bureau case or subject matter files."1,-
,-
. '
V Z,
J. Edgar Hoover
Director, 1.3.1.
Iashington, D.0.
Dear Hr. Hoover,
I an writing in regards to the
ing of our state. I send along
local newspapers. I would like
power to help us in this stateev I Mr. T0|s0ll__-
Mr In-Loaeh___
Mr. l..'A5pI:.._:.-
Mr:Q-
Ir! r 1:.
!ri
Mr.
MrJune T9 1
Hr.
Ilr.4911'-..r:ane__
i?" "1':!1 -. .-.
Gale ._.._._;
Roscn..Z..
Suliivan.n_
Tavel ..Z....
T1--.»tter_-_.._
Tole. Roorn..__....._
Hill H:>1me8..._.-._[Hill Ga:-|dy_._.. i
recent §ur;:.es.e..O.o.ur& rul-
clippings from one of our
you to do all within your
to get these rulings re-
versed. Something is very badly wrong here with our law.
There is a great increase in crime, yet instead of our
lees being strengthened, they ere eeehened. thus it is
easier for the criminal to escape punishment and act a-
gain. there is no fear of law-enforcement officers, for
his hands are tied. I am only s citizen, and a Christian
mother trying to raise my children to respect the law.
But, what about the children who will not be taught by
thier parents, either will they learn by a lesson of law.
They are learning they may be freed through some little
tecnical letter of our precious Oonstitution. It is my
children, and millions of others that will grow up under
fear of the freed criminal unless YOU and I do somethingvi
MuirWe must prevent this kind of supreme power to change laws
without a vote from the good people who must live underb.
the fears of such rulings. Such a ruling was by the Su-"
prene Gourt en the tanning of Bible reading and prayer
in our shools. This was
man who also defies the
changed the law for her
taken shows only 2% arepushed by a non-God-fearing wo-
law. Yet the Supreme court t
and her kind. A poll now being
her kind. So the other 94%' as
of now! live under the law set down by the small minor-
ity. ie do not try to force man to accept God, but they
must be forced to obey the law. We must do something to
change these rulings. I close this letter with thesegords. What will you do to help us? Tell me what I may
0. -
wt
b7 / BEG 9Respectively yours,Jus
ho 1
-
E
Z
.,-no
Phoenix Weather
dununnn; pnlnn||nn-
"":'..' "'::.':'....,."'**.Z.'ii! I
'i'I=m1lI.II"H-H1
|||||n¢l,1nun.nn|l|,rqu||.
4 .
77:11 You, No. 29 llflllp In-InTHE ARIZONA REPUBLIC
Local Reactlon to Supreme Court
!! F 1'-92 N " 9!? F 5 P" |-| 9 E.
ii" 3 g 5-2: .5 £3, 5 3 5: _
3 .. _,, I 5 5 5 _ ,, 3 Q3 lags gigs: i 3 3 £5 Egg ,-Ii H; igift E, 5% § EE - I E a A g Q ¬gg 3 '5? $23 "515 ii #5 g J-1-g: 5%=:~§gL:f;@s§g g! {§".§= 332: . 2 a 3%? ~18 51552 E? 1- E;~. ¢ 13* W4?
1
i1
t
.4
Ii
tMore
About
Continued from Page 1! Y
paper accounts of the opinion.
confessions for all practical pur-1
poses are out in all criminal
prosecutions."
1 If it says what the papers
said, it's done away with con-
fessions f.n criminal trial," de-
clared Corbin. 1
God help us," added Corbin.
l God help the public. I sincerely
mean this."
Corbin said an air mail re-
2
t
IIquest has been made to Wash-
ington tor an official copy of
the opinion. He said it is hoped;
it will arrive today. =
The high court's decision is
meant to provide rm guidelines
to police, the judiciary and DIW-
ecutors on just what is_ legal
in the question of sel.f-§T1i!l11111I1<'i-
tory statements by criminal de-
fendants.
1T IS common knowledge in
liegal circles that the court 119-ldertooir the present decision m
order to clarify confusion causedby the Escobedo decisllm. The
decision gave the right to a sus-
pect to demand and be r_epre-l
sented by an attorney at inter-
rogations.
e Monday: decision contains
these key legal points: i
_'-The prosecution may not
use statements, whether excul-
patory or inculP?i°fY- Siem-
ming from custodial interroga-
tion oi the defendants unless it
derneqstrnfnq "12 HRH Q: l' " J- Ill . M--W -....- _-.. ,-
cedural safeguards effective to
secure the privilege against self-
lncrim.ination." - »
PRIOR T0 any questioning
the person must be warned that
he has the right to remain
silent, that any statement he
does make may be used as
evidence against him, and thatv~__q_~
decision. He said the police eel
--v-i
3
8
!¢
r.- M, 1,.-_ii
-_l_JecLswn- PTW1
{Confession Ban in Court
j',..| .{.
By!-l092I'Al92D BOICE
'n-m_n.s. su1>nnm=: Court
eventually will ban crlmlnll
oonfeulou u oourlronln evi-denee-in ell uses, Marleen hndnurk decl.|ion,' the blgbluapected oitcrime,
omtumaeamerigtamom-i=wI92Mrllrmdewmt"
coimiypiiuicoerenaerigemmmmnioug-m;iin;tepieu~em°
8. Crnn contended yesterday.
He Bald the high court: ruling
Monday In "just a step toward
lhi: goal." _ _ .
IN THE Monday decision, the
court held confusion: obtained
by police cannot be used an evi-
dence uniesa certain conditions
Ire met.
lime include edvising n so!-
peci'llinti1eheelrighttocon-suit an attorney, either re-
tained or appointed," and that
he may not be queatiooed li he
indicates in any manner and at
any Itage of the process" thathe dos not wish to be interro-
gated. _ .
_ The much-discussed high courtgeeinonw ' ' overturned the convic-
tion oi Ernest Arthur Mirlndn.
8, oi Phoenix, among othu-1.
Hewnesentenoedtollioilil
yearn in prison for the 1m kid-
naping and rape of an 15-year-
oid Phoenix girl.
ROBERT K. Corbin, Maricopa
County attorney, disclosed yes-
terday that Miranda will be re-
turned to Phoenix and tried.
again on the cbargq. 1
-CroeffpointedtoadissenibywU. S. Supreme Court Justice
Byron White in the Escobedo
me to baa on belief in uie
high court: direction.
in the L91! E-Bcobedo case, au;|n1xem_mg|yh.'mnnd_W H]dl11lkl|ilQd-i-HQTEHCC
indlnection oi the goal which the 3" lbr and police said
go" bu from widen an .dm;,_ their hlndling nl investigations,
n obuinedrrom an _individual gontinued rm pa; 19' gar 1;
1
1
i. . _92
. j Wnshington Port Service
WASHING'l0N-'lbe S reme Court decision resinrellornwvcihlvwlbe mom mmemuui.-it}_;-' iheoilriwlliltlkingthepolicelwuumm ~11» oe¢imu ""2, *" ." ° °* "°
r|l] 1 M.H .W%SMy
Pl
; W
'+|
O I
M
_w
m
_w
D
S
IR
8
A
8
W
f
8 w W M
Z mbmmw mmmm mm MM WW M m_ W
M "mm mhmIm mmmmm L
A MWMWMWMM MG. m Hmm j
M M HiMM M? E
Mum _rM m F iM. Pdmm Mmwm
WW mm?ma mu?
M MMWM w MM E mm Em WNW
Mu MM w w__m%%mmM *_m% H M
WWW
MMWM mmwmd_m___if _H mmm Mmmm MMWWWMMWWW
M Mmwmu
mi MM WWW
WNW may WM ?
W Fmmmm mum mm:um Mmmm
d % & Jmwm _
Hm WEMMMMMWWWWMWM
MWNNJMEWM Mmmwmmmm 3 mum 1gM
mm WWW mm WWWWMMd mmmWWWmm
MW
mm gm mm
%m WWW
M _ mumm "hm MWM_ Mm um m%
WWW M my W
mm ___m"umMWh{n_ .1 um Mi % ZWMWW mm
M gm mm_ *w Em Q: g ME mm h_M __M mmmmmmmwg hum Mmmm mm NEW _ _MMWWMWMWWWHMMMWW mm WMWMWWWWWWWMM WMMWMWWWEWW
m:_m__mmmMm mkmmhmwmwmmmhgmmmmmmmmwmmwmmW: uh M__mHm_mw W MW;mm? myM W _ d _:_ ___ IF ¥'_:: ."I".._'::_:::_92"JSE._3____:_'____:z___ __d____L_ 0
1*:
@-I
4* *1
I. }*'r1 01 §'"i J .
'92@ ' '
1 ,~ ,' P _ " ' " .;"13*"7 5-
. --; i. _ Jinn "I BIO T-?'~'.";"'f
1 ' { ,. '. . ~ - ." -. .. - . W gm _,, _+ .._ H _ __ J =1; L _w ~_, A4. ._-I » Ap - ._w _.-I = . - v . W. :1! _~1 I 2. nu .> - ~.- :- -, - .- I '. . . _ - ll _. , ,' ' " -- -* '- ..";' 1 :¢-~qr 1 r4jL 3' 1 I * I; L
§r Q , '. T
K
Q1!
Tolson lg.
Del_:mCh l
Mohr
Wick ii
Casper i.
Cullohun 4
Conrad __i
Fell oi
Posen
Sullivan
Towel __ii.._
Troltex _._.i
Tale. Foam __,"_,; __ J, A _.,,
, .J »- '5 " r '*" - tel. -1' "'2': II _ "-"_ ' . _' | 7'- @ L - ' - .7 .-If - -.
@-.._.. """1 TI-- *-.- p--.
Arllonl. ___ Sui. _.,n
.-..,Dear ._¢; --: _
Your letter of Juno l'?th, with enclosures, wu M
received durlng Mr. Hoover's abunco. You may be cortnln it will
bobroughttohllattontlonupoahllrctnrn. Itnowhowoullvint
ml to that you tor turnlnhlng him your-_oobaorntlona and comments.
yourl, _ o '
H0101: W. Oindy
8l¢.retu1 _ A
_ _ "
NOTE: Correspondent ls not identifiable in Bulllea. In vieq of the
tanor of her letter, it la felt a reply over Mlpo Gnarly:-signature 18warranted. bf, 92 3 "7&_ 7W
IMI4 g.
.' FJUN 231966 Z g V M
' __.¢2r ~ ' 92}¢ ~92"
Y 93 @<W92
. - . ~~ Olson
I 1, , 92 souruwtsr .DeLOac
Kmosn-u HWAY _§]'____§_O..u.'I_!1W_|is'r - sr. LOUII,
¢ k 92 s-$.12. -""';,*>* - - ,i MR ickS F=1lT1¢ '1 OUTHWESTCQ {Q 4 . B~.£?:.iii;%~ as as CU/ls <</r-...»sne 11
as
M
MO. C3110
b 1/if F '1/1;? / my 12. 1966
h V !/ '
W
J./92o= ,Honogble Earl Warren, Chief Justice
U S. Su reme Court
Washington, 5. E. -
/
Dear Sir:
I am enclosing copy of an editorial which appeared
in the Neighborhood News published in St. Louis, Missouri,
Thursday, June 23, 1966.
I realize that there is no chance of this decision
being reversed but, as a citizen who spent four years as
President of the St. Louis Board o£'Po1ice Commissioners, I
deem it my duty to inform you that, in my opinion, a great
many innocent citizens will suffer as a result of the diffi
culties in obtaining evidence and convictions in the future
It appears to me that more concern has been shown
for the criminal element which in many cases are repeaters
than for the vast majority of citizens who are entitled to
protection. 7
I Very truly yours
07¢E5231
0% ....F ¢;1»»" 42- ,1 ?'o'5~= --Q!
: r. Hugo L. Black
Mr. Wm. O. Douglas .2Mr. Tom C. Clark ""' __ ,,5_92g§
Mr. John Marshall Harlan JUL- ""' , ___ iMr. Wu. J. Brennan, Jr. ¢
Mr. Potter Stewart _gZ/"
Hr. Byron R. White '
Hr. Abe Fortas I
92 /we so P '
F0,
£211»o
$
2-
5P7J-U1-:-ztigssunnt oeroslt lnevlauce tollonnflllA
r 3 .
1P 1
r-l' r
I u
.- I__ ....._ -,.,,_...,_-____.._.._m... -
Editorial H Neighborhood News 'l'hurs.¢-" Y 23, 1966
Supreme Court Should Woke Up! .'
The Supreme Court seems to have
loottheuseotg-oodcommonsensein
I'll! ruling 'l.hait all confessions to police
anvolldiithepolioefalltowarne
criminal suspect oi his constitutional
rigiits to counsel and Ito rerrla.l.|'| silent.
The Supreme Court has gone all out
oo protect the rights of the criminal.
tyut what ahmlttiie righ-to of the good.
decent. law abiding dltlzenf Wle no
constantly being bold that we must do
nothing to hurl or oend the right; d
people for fem come 'lJlihO08ht person
might be harmed.
It is time we start thinking of the
greater good oi the major-i'ty or peo-
p1e.T'hererna.yheailewmaeeden
_ innocent person being wronged. but
uieoea-Ierarclnoiiropirilcn. Bu.t.at
the rmte the Supreme Court is going.
it will be almnst impossible to convict
anyone.vvhoisdoingany~tJ1.inglopro-
-tect the innocent people. the vem mn-
j-ority of our cil.izc4n'3'!
i Theforgoiimn manseell-tohvetlte
law abiding, the tax playing dltizen. the
persmiumoistn-yingtodorigiitby
h:ill'nse1f and his neighbors. He seems
ho have no rights. -He seems to be get-
ftring less and less protection. He never
seems tn get much oomsideraltion. par-
i:icula.rly from the Supreme Oo-urt and
its ridiculous rulings.
Yes, the Supreme Court protects
the scum of the earth. The Supreme
Court feels that these individuals
- should be pampered and pelted and
their rights must get full considera-
tion. The Supreme Court by its rulings
seems to say that the three bays who
killed Wechter J. Clark, the bus driver,
in cold blood must have their rights
protected. Tlhe police must wam these
three punk: of their constitutional
rights to counsel and to remain silent.
Yes. these no good hoods must be pro-
teoted, but who took care of the rights
of Wechter Clark as he drove his bus?
Who will take care oi? hie widow end
the children left behind! '
It aeernetouathat it wouldbe|1I>et' __ I _y dl1'tlcult- for the Supreme Court to conuon IGIPQ-,3 ' - . 'explain or to defend -it: ruling to Mril.
Clark or the children. These no called
smart guys. the Supreme Coun.
Judges. sit in their ivory tower and
outthink themselves and do gm: darn-
oge to our country. They may be
Imart men, 100 time: smarter than
the yin-lter of this editorial. but they
are lacking in one great item . . .
commonsense. They seem to for-get
that the majority oi citizens, the good
citizens need some protection. They
5earn."l0 forget that some of their re-
cent rulinga are making it much easier
for the criminal: to oornrnlt ortrnez.
The Supreme Court in ltl 5 to 4
decision held ti-mt upon the gugpeclrp
request. the police must:
Permit him to consult with his at-
lorney.
Provide an attorney if he la boo im-
poverished to htre one. -'
- Permit the attorney to be present
during the police interrogation.
lnimedlately atop all questioning if
the suspect lay: he doesn't want to
talk further or went: to talk to his
law-yer.
The suspect can Waive these rights
but only after a clear and careful
warning.
It is time that, we the people, be-
corne aroused and start doing some-
thing about Chief Justice Warren and
some of his liberal cohorts before all
law and order go down the dmin. We
feel that the great majority of Ameri-
can I;-itizens are fed up with the Su-
preme Coprt's pampering and petting
and protecting oi the criminals in our-
country.This latest decision is the last straw
in a series oi Supreme Court blunders
that we feel has helped to protect the
criminal and has caused an increase
tr. the crime rate. Just for I. change
. . . let: start. thinking about the good.
decent pcopleelt in time for the hu-
. pi-em_e Court to wake up and use someI
I
D
K. 0
; J
I
., r-92
1
'92
-I
ta
7? 747 ,.-._, , _' 77.77 '_7'7
. I _ ._f 77 iIiiIieL~. . if I ' '
1' 0. . , .-
0
92 u
. A. 4 .ii.1
L
.l.
1-
II_ . , _ r . n|
I e
I
I
J> nw1
. e
. " -It '
' 92
. Wm
:92
. _,r "9-_
f ii-1
= .1 ..
u -41_3'--.-... .
'1 ='§"-_-3*!-7-ZF!-'-.".'a._.I
To
tn nan- o9292_I1vl1- -
' I .' _OHIO:-I.9292 IGIII NO. I0 , lolo-I05 '
~ 92| y |amen ,
UNITED STATES GO WNMENT __
Memorandum
1 Mr. Mohr DATE; 7/5/66
. .1; J- Cam92g|. ' ' * "I' -
sUB1B¢F" /EUPREME COURTS REMARKS
B
,/
92
92-
* >
1"» L/'Ji0 n- iT'.S<<i.*=~*"i 1 tn-.103a ,;»_t_.t.@_%£; X7 =nf.F§ MMW cs Psdsesslaa i1 u
Toluon' DeLooch "
MT?C spau r ._.__-
|'| ¢i-
Gulo ii.
Roan _.__._
Sullivan _._.i._
Tuvcl ¬_.___
Trotter _i.__D Talc. Room ..._.
i-iolmn _..._i-
Gonciy _..i-_
In view of the attempt being made in some places to shake
public confidence in the FBI at this time, it seems that we should have some
way of calling public attention now and then to some of the praise that weget. Recently, highly favorable rems about the FBI and its work have
been inade by members of the presen preme Court. There are at least
,_ threelexamples, as follows:
if:-Jl.ll Miranda v. Arizona, decided OII June 13, 1966, the majority
3._ _, lppinion, written by the Chief Justice, makes the following
' _ . - ' statement "Over the years the Federal Bureau of Investigation
. -
.__,I .1- has compiled an exemplary record of effective law enforcement
while advising any suspect or arrested person, at the outset
of an interview, that he is not required to make a statement , ,
that any statement may be used against him in coin"t,
individual may obtain the services of an attorney of his own
choice and, more recently, that he has a right to free counsel
if he is unable to pay. A letter received from the Solicitor
General in response to a question from the Bench makes itthat the '
r
92
eiear that the present pattern of warnings and respect for the
rights of the individual followed as a practice by the FBI is
consistent with the procedure which we delineate today."
__r 92 '92/1%
1:.-.....-..._1-.. ........:.-. 1... ml... _1".T":n:-,.-. 1.92..1.- .- ...:-.92:....-.1: :.. HT...4-...-;.-I-...-.+:.-92...J.92-Ul..|..ld.1l92D I-Lld-LID Uy IVLJ. u UURDI-IAIC LG-J-l92 b92Jll.Ld,l.1|.C92..l. Lll. I-ll-Ll. UUBMLLULLto Symposium on Evidence and eriminal Procedures, " Baylor Law
Review, Summer and Fall, 1965, reported as follows: ". . . The
rules which the Court has now held applicable to state procedures
have been followed by Federal law enforcement officers for years,
some for half a century. Yet the high percentage of convictions
in Federal courts has not been lowered. . . it has improved duringthe last 30 - 40 years. This has -mosPlikely resulted from the
H
IE
".0 -=2
'-Ill .
u-
.1-E550
"H t.;'..
.54}.
i i 5*
rare»
:'
aw...
.£ ..}
v
1 L-'1-'1. .._. -_~.-.-._ _ ._-.-a -- .___ ..-. _ -.~
- a 1 I I '
K ! _
Memorandum J. J. Casper to Mr. Mohr
Re: Supreme Court's Remarks Praising FBI
training given Federal officers. The FBI has long carried on
intensive programs for such purpose and other Federal agencies
are now doing likewise. . . police and prosecutor training schools
based on FBI curriculum should be established to apprise state
officials of more advanced law enforcement teclmiques. "
la-*__'~LL@' O1 we M Qn June 15, 1966, Mr. -Justir£:?5 h,,_g___1as made a'§}T-iifon to the9292Isnternation_aal Eggtggt égsggiationl Portland} Or%r_'5, and 92 ent a copy to the Bureau. At his reques an wi ureau
approval I had seen him previously and I gave him a copy of
"Search of the Person" and a copy of "Due Process in Criminal
Interrogation." In his speech he said, in describing the higher
requirements recently laid on the police, "This has meant that
it was necessary to re-educate many of the police. The FBI
has lead the way, it has helped us realize that brain as wehl as
brawn can solve crime. . . it is this positive approach to law
enforcement, which the FBI and an increasing number of local
authorities have shown, that will enable the police of the country
to work and live under the Constitution of the United States and
will afford all citizens, no matter how low their rank, a feeling
of security." 1
We have left out a long paragraph in which Mr. Douglas described
the accomplishments of the FBI National Academy. The full text of his remarks
is attached.
BE 991!/[ME_N DA TIQNF
That all these current and highly commendable remarks fromwhat is at least one of the best possible sources in this country bvsed to
counter Bureau critics- Q at ti possible.
-2-
_
Q?
n" .q--.4-1
.;.__
A.-ff
.1 1
I
§
s
I0 92
.92 J!
7'?
Supreme Court of the United States
hkmmumhmz ' ,
Jul! 19__________________________________ _-, ---..----
f
Justice Douglas thought
you light like to have e
copy or hie epeech being
A/t
/{WVJ V. vs? delivered tonight.
,1
= , _QhO$U-RE.-
-..»- 1 - . at J -
i_I_L M
___ _
_ M___Wd|!Ei__>"Ig__ ht VI in
. ._ ,- ._. .---.»; _",-." .1,-._., _._ --¢_-__.-
_--3._f_ F - _
~-3-;?=i.~ ..,.1. ,,.' _A--"7"" -:1". - ' .- --. '-'1: " Q,.,.-9._.- "Q... . . ' -»-~- 1 ".. f. aw
' .2? 1% ._=. "*"' 5.,-év -
s ---- » -' V .5.1-e_ _ . _ q4.-._ - - -i--=v~r,:+_ ¢ _ - _,~;_-.'-"P"- 2 ,_ ~ . "=1. k .~"'*-:2:-.I'-' . -r--.- " 7-.»,-'ilun1~1.* - -- _, -_»- '-< '1'? 92-, mi , _ __ z _ _ ,-:~ - . °'r~ IAU ' Jug4E , =
' 15;.-' -='p¬$-F - -Q-- --_; ~.-:r,'_4
:92_*-_ p-f; _ I _'__-IM r " §{>»R..'_ I~ 1;.-- ~-.é*-r=&§a=¥-» . -;: 7 _ '~a.' K 1,. .-
1 ~;"_1_'i'1-.¬_,.--{.1-2¢§§,;.__'3="_,-:§92;,;.;j==3$.,;.
V '-=»»"> .i- 1-in -.15-lf-.*._'-~'f.' _. ___. _,,__4_ ____ _ __..,_ -.1 _y<- ' 92- " 1* Fw¬=r..#!;f' "v : ',.:?:'7' ".-"' -='=-~ '- ""*_£.':I'L'."_'. -,-"' ""..,._," '"L7 . ..-" ' " -' .'- .-...;I 1: I . I _T; | .»-
41.; .'_"n1'-' ._.f-.- .- ' $.$".| ._ -.-.,. :-Hm.-. . - _- 1r .- - .1-r ;£-.-I '1; 7.. ;.;-- ,5» - j-a,C. __ v* a-
I7"'i.' _ ,.h..;.,, ' ______.». - _7__. 1 I
"J _,-.3" . '<'.:r_r. V X. -- '- -r '~» ' --.---7_ J-». 4.,_ - -="=.='1¢ -=*"-i-;-3513" -1*"-=1-:.3f;;: Q-
_._,-;-.,-; _"7:_~:¬i:_'., - I -:7-7: .-:r ~ -o- - < 1 1 - ~__;k -- .__ ._ _ . .__ _____._.,_,,_,____,,____.__-___..__ ..__.---.1. . ___.. R .-.-.._.-...¢.---...-,_i__..._..... ......._.
1» %-
4» Q~-> ><'>1" ~=> "Q
~
'ADDR ESS
by
92Y1LL|.92m: O. DOUGLAS
ASSOCIATE Jl.'STl E, sumussu-1 comrr or THE L'.92'n':~:n s1'.92'n:s
INTERNATIOSAL FOOTPRINT Assncwrzox
PORTLAND, Onsnnx
e
n
JUNE 15, 1906
I,A Q-t----------------~ '- * ' """'" _ ' V l
INTERNATIONAL Fooreanwr Assocumox
I-92 A
PORTLAND, urnaoozr
The President of the California Bar Association,
addressing himself to the difliculties law enforcement
officers face, said:
Many of the difhculties are due to an exaggerated
respect for the individual as the isolated center of the
universe. There is too much admiration for our tradi-
tional system and too little respect for the needs of
society. 1
That complaint is often heard. We are told that
restrictive court decisions are tying the hands" of the
police and are coddling" criminals at societys expense.
Such complaints are not new. Indeed, the rcznarks which
I havequ0ted are not of recent vintage. They were
uttered by Curtis Lindley, President of the California
Bar Association. in 1910. This verbal exchange between
judges and law enforcement oicers has been going on
for some time.
It is not a war. In the long run, we all seek the same
goals. Fe all want a society where pedestrians, homes.
and places of business are safe. in which all citizens enjoy
the full measure of their civil rights and liberties, and
where those accused of law violation can expect and
receive fair and equal iustice.
Sometimes these goals conict. If we abolished the
Biii of Rights perhaps more criminals could be captured.
But we Americans would not want to live in a society in
9292'lllCl1 all rooms were bugged, where the police could
stop and search all persons at will, where those suspected
of crime were beaten and tortured unless th onfessed.
1 J. Crim. L. & Crin1inolngy 109 July 1010!.
'-' The Statute of 9292'inehe.~'ter, 13 E l9292. 1 Stat. '2 285! provided:
. . . if nn_v Stranger do pn."~z= by them, he shall be arrested until
llorning; and if no Sn.=pieion be found, he shall go quit: '! if
they nd Cause of Sn."-pit-ion, they shall forthwith deliver him to the-
Shr~ri', and the Sheriti may receive him without Damage, and shall
keep him .-*:1fel_v, until he be acquitted in due .92l:|nner.
.._2.__
Our Constitution and our traditions establish the
ground rules for the investigation and prosecution of
criminal cases. Ours is an accusatorial system: the
defendant is presumed to be innocent and the burden is
on the prosecution to prove him guilty beyond a reason-
able doubt. A fair public trial is guarantee-:1. So is the
right to counsel and the right of confrontation and trial
by jury. There is the privilege against self-incrimina-
tion, which among other things means that the defendant
is not obligated to cooperate with his accusers in provid-
ing the evidence of his guilt. His confession may not be
coerced no matter how subtle the tactics. At trial he
cannot be compelled to testify and his failure to take
the stand may not be held against him or even com-
mented upon by the prosecution or the trial judge.
The police are restrained from unreasonable searches
and seizuresa man's home being his castle; and. no
matter hon" despicable the accused may be. if the police
lawlcssly invatle the precincts that the Fourth Amend-
ment makes sacrosanct. the evidence that is unlawfully
obtained is inadmissible at the trial.
The Constitution. in other words, places obstacles in
the path of police. prosecutors, juries. and judges. It
purposefully makes criminal investigations and prosecu-
tions diflicult. not easy. The Fourth. Fifth. Sixth and
Seventh Amendments make this abundantly clear. The
theory reects the attitude of our eighteenth century
forebears. They wanted to take government off the
hacks of the people. Modern constitutions of the ne92vl_v
emerged nations talk in terms of things that government
must do for the people. Ours talks in terms of things
that government cannot do to the people. The Framers
erected by design high fences around the homes and
oiiiccs of the people and built a sanctuary for the indi-
vitlual. honoring and respecting his dignity and privacy
no matter how unpopular or suspect he might be.
.._3.._
Other countries have di'erent traditions. The civil
law countries of Europe follow the inquisitorial prac-
ticethat is, the entire legal machinery revolves around
an effort to develop all the facts of the case, with con-
siderable emphasis upon interrogation and formal ques-
tioning ot the prime suspect.
France provides an illustration of the inquisitorial
system. In France. most investigations of crime are con-
ducted by a judge di'nstructiona magistrate. He may
require the assistance of the police. but they function at
this stage under his direction. Interrogation of witnesses
may be done by the police or by the magistrate himself.
The purpose of this investigation is two-fold: ! to
determine irhether there is any basis for further deten-
tion of the accused; and ! to gather the fullest possible
information regarding the crime. At the formal inquiry
before the magistrate. the accused must be advised of his
rights. He may have counsel. He may refuse to answer
questions. although in practice few suspects do. for the
refusal to cooperate is regarded with suspicion. The
magistrate holds his hearing, examines witnesses. and.
usually. obtains a statement from the accused. He pre-
pares a full report of the investigation and determines
whether there is to be a-;trial.
The inquisitorial aspect of French criminal procedure
carries over into the trial, which begins with the presid-
ing judge's interrogation of the accused. The defend-
ant is never placed under oath. thus avoiding put-ting
hiiu to the dilemma of a choice between perjury and self-
incriinination. -
5 Piccli, The Accu-'cd'.~' lri92'il:-gc .-92£:1in.~'t self-l1|r'rinii1i:|tion in the
'i92'il Law, ll Aincric.-in Journal of Comp. L. 5.925_, -59-5 962!.
[1].. at 5t~6. On the French procedure generally, see Devlin,
Piuglisli & French Legal .92letluul.-': Crime, 4 Tut. & Comp. L. Q.
376 955!: Intcy, Ilecent Reforms in French Criminal Law it
Prricedurc, 9 Int. & Comp. L. Q. 960!; Knck, Criniinal Pru-
cccding.-= in France, 9 Ainericnn Journal of Comp. Lam 253 060!;
Freed, A.'-pccts of French Criminal Procedure, IT La. L. Rev. 730
[lil5T,l.E
I IU
0
._.4._._
Trials in Russia are in the inquisitorial tradition
Police have vast powers prior to the trial stage There
is a provision in the Code of Criminal Procedure Art
20! that prohibits soliciting the accused's testimony by
force," threats, or any other illegal measures But the
power to hold prisoners incommunfccuio for long periods
makes this guarantee quite meaningless. Prior to accusa-
'Li011, e person may be held zinconmiunicado for 72 hours
Art. 122. That would be an unconstitutional procedure
in this country since there is no sanction permitting
arrests for investigation," though occasionally our poh
practice it. In Russia, once a criminal charge is made
againsta person, Art. 97 of the Code prox ides for con
neineut up to two months. But. a state procurator may
extend the time to three months; and the federal pro-
curator up to six months and in some cases up to nine
These long periods of detention iH 0'i'!H?itlIHC Id0 are a
policenians lieavcn, for we all know that the end product
is a confession.
Searches and seizures in Russia can be conducted only
with the sanction of the procurator as prondcd in Art
168. But in instances not permitting delay a search
may be conducted withiout the sanction of the procurator
but the procurator must be informed subsequently xx ithin
one day of the search. Ibid. By Art. 169 it nesses
must be present during the conduct of 9. SBi7l1l¬ or
search--the owner of the dwelling or an adult member
of his family.
By Art. 128 the help of the public to expose crimes
and to search for the persons who have committed them
is demanded. Citizen participation in helping the police
is indeed a part of the social compact in all COlllltllE92
The difference comes when the citizen becomes the ac
cuscd. Then the accused in this country no longer need
Si-u, e. g.. Report and llecommciid::iion:= of tin Cuinmi~-ioncr'=
Connnittee on Police Arrests for lii92'estig;itioii the Hrir in llcpoitj
.lul_92' 1962.
i
i
I
I
._5_
help the state. In Russia the state still retains the upper
hand. That one dierence marks the large gap between
that system and ours which the Fourth, Fifth, Sixth and
Seventh Amendments have created.
Of all the criminal trials I have seen in Russia, there
was none that truly involved a searching probe of the
issue of guilt or innocence. That issue had been resolved
in the long period of connement and in the intensive
investigation. The trial was usually in fact a trial to
determine what punishment was to be imposed.
Unlike France and Russia, Indian law makes it very
diicult to obtain confessions from one suspected of
crime. Section 24 of the Indian Evidence Act requires
that confessions be excluded from evidence unless volun-
tarily made. That rule is cast in terms similar to the
numerous American decisions holding a. confession inad-
missible when it is the product of coercion. unduly per-
sistent interrogation. or other overreaching.
Indias innovation comes in sections 25 and 26 of the
Evidence Act. Section 25 renders inadmissible all con-
fessions made to ct police oicer. And section 26 bars
all confessions made to any person while the suspect is
in police custody. unless the confession is given in the
immediate presence of ii. Magistrate.
These provisions were born of a distrust for the police
and their treatment of those accused or suspected of
crime. When Thomas B. Macaulay, one of the principal
authors of the Indian Penal Code which became law in
1860!, went to India early last century, he found very
harsh practices extant. including the use of red pepper
Section 27 provides an exception to these sweeping rules: any
portion of a confession which leads to the discovery of corroborating
evidence is adniissible. The theory appears to be that the danger
against which Sections 25 and 26 were designed to guard--use of'
possibly unreliable co1n"essiori.<is not present when the r-oinfes.-sion,
or part of it, is veried h_v other evidence. Only that part of the
confes=ion which is verified is admissible. Sec Sal~;ar'.- Law of Evi-
dence 283-284 llth ed. 1964!.
RU*
in the eyes of suspects for the production of confessions.
Hhephen, in his History of Criminal Law in England,
Vol. I. p. 442, mentions this practice:
During the discussions which took place on the Indian
Code of Criminal Procedure in 1872 some observations
were made on the reasons which occasionally lead native
police officers to apply torture to prisoners. An cxperi-
eneed civil officer observed. There is a great deai of
laziness in it. It is far pleasanter to sit comfortably in
the shade rubbing red pepper into a poor devil's eyes than
to go about in the sun hunting up evidence.
Sections 25 and 26, born out of those practices. bar
all confessions which fall within their terms-9292'hether
or not voluntary. They are per se rules reecting
hitter experience with the tactics of the Indian police
under British rule. Recent proposals to change the
Indian Evidence law have been rejected despite claims
of improved police practices: _
It must be conceded that in India. the police force
as a whole is not. even today regarded as a friend of the
citizen. This is natural as the facts and circumstances
of its creation . . . cannot be forgotten so soon. . . .
In order that the citizen in this country should come to
look upon the Indian policeman in the same manner
[as the Englishman regards the English policenntn] the
police force in the country will have for many years to
conform to the principles and practice which have gov-
erned the conduct of the British Police. Such a. course
of conduct alone can win for them the condence and
esteem of the public." "
In practice. these rules operate strictly. -92s stated,
section 26 validates only confessions made in the pres-
ence of a magistrate. But the influence of section 25
which exclude all confessions made to a police or"-
ceris great; the Indian courts require a period of
reection during which the accused must be isolated
T II Law Commission of India, Rcpt No. 14, Itcform of .Iluli1'i:|I
.92d1ninistrati0n 7-I7 I958!.
3
| I" as-ad I
If P_,,-l
1
-. ~~.. -='< @»'~~- - §:i~ :.a§,¢u a_».|,-' -"4 A . " .,__~__ 1 _.-==-._ - ' -01'-'F£;"'___;§' F"¥: '.»'."' 1 H, ___._ _ - ": .-
m ";.'.._.;_. _
n! ~ggfr:'1i:" 3__:£;. ,_ 5- . r 92.»v-..-- HM _- .
"_"'=:'T_}_- ~ .. ve;92'-
a-
--- "~ ~-w .1. . .--3.-.q~'; |__~.'- ~ 3-' ';-5» "
I """5T_"-"3'. *'rh7' - :3 ' i ._;_-§tIi.;;-3.-,:.,_'_ -1r-;_ .215. _ - L~!- .:-_'1f_¢Z,',':_Y-§,:'j- £1! ~; 5ié"=:=i':_£_£lL= £.'_:.!;;;' V 1; " ". "5? - -:' §,,,... I-H. 3-5.
1* r- . . . 4._ .'v~=.' .. __ __'-' -- ' }..::~3si=;*e"
' J. - J1 . - . ._- I -3}? -,5-1--._ _' . _._¬';-i---"-.1, ' . _? 1! ;115-; --:':" as - =1 ~ 1+92 I _' £ ?"T'lI
.2";
-vérri1'"!-; -~i
._.- .u
7-ffl:,-. . .V *4 .4-L-u 1- »- " ' ..._-. "92 -.-.._-.» " " "" - -w- _..:..,-_-- -___ . I
__.__ . .__, ,__n92 ' >",1." Ix: ' ""
.> » '_ .0 ' - »- . _ ' A.f_ .'-r___ . 1 l-_ ,~. ._ _- - "2".-t3¢'-_<92 '4. *7??? s---.+~=-/1' .» - _ r
" '4 ¢..:;:-.= . .- =~i'it=*4*~s=1***=¥-rr 1. '-"'1' *==:s&t"#=*~ *- LL-I__ 1 _ _ ..____......- . .._...,ra......._a..d~._._.__.-_-_--_---is .---
92' |.
_7_._
from the police investigators before any confession may"
be recorded by the Magistrate. The purpose of this is
to give him a chance to think the matter over, and to
allow the inuence of any police threats, promises, or-
coercion to be dissipated. As the Indian Supreme Court
put. it:
There can be no doubt that, when an accused person
is produced before the Magistrate by the investigating-
ofiicer, it is of utmost importance that the mind of the
accused person should be completely freed from any pos-
sibly inuence of the police and the effective way of
securing such freedom from fear to the accused person is
to send him to jail custody and give him adequate time-
to consider whether he should make a confession at
all
. . . [I]t would. we think, be reasonable to insist
upon giving an accused person at least 24 hours to decide-
whether or not to make a confession. Where there may
be reason to suspect that the accused has been persuaded"
or coerced to make a confession. even longer period
may have to be given to him before his statement is
recorded." S
In that case, the accused was given only one-half hour
for reection, apparently because he was keen on
making a confession straightaway." That, the court said,
should have put the learned Magistrate on his guard
because it obviously bore traces of police pressure or
inducement. In yet another case the accused confessed
after having been given ten days to reflect by the
magistrate. But he had passed those days in a cell
supervised by some of those charged with investigating
the crime. and thus the confession was held invalid.
When our Constitution was adopted in 1787. and later
9292'l16ll the Bill of Rights was added. it contained very
Swarm: Sing]: 92'. Stnfr of Pzmjrrb. All India Rep. I057 Sup. Ct.
nsr, G~lI§- Hi.
"Rujn Klrimn 92'. Stole of §um'us?:trn. All India llcp. 1956 Sup,
Cr. 217.
i,. __. . , - - I. ,__ .. .. ...._. . _~;,,,,-,- . _. -.. ,-;-_-::_..' , .-"_ _ "r*r_' '_,;-- F ? ' - '_~'|-{.1 _-;" - ._' 3*1 512;! '-sir" - -- a :2.-*~ _. ._.. ,_ , _ __ _ _._ -.s. ~--'-*' -"mi: ,,_ .___ .~--' 1- --.-.»"'."'-'-*.. _ .-.- -~~_-.-'-"..C - _*=___,j-=f:- _.; _ --
2*. ._ --* -_-
T.!&4-- ' .- n"s W51..-.. . __.__,. .
- "'+ 92:..""'.F?. F_. 2 . LL: 1,>- _ , l92.'~11""2 IF-~ ea;-~ ":1 ' 9» ";.l>;':..#. 2. ..£!"__.. §_ §_.-,,__._.-{__.-_ -_=,_ 5.1-?
V. /-= . . ii? .s_ 1- -5;, 1.» I ._- __. . -IPF .'' -__,;y.. "- -..-F---jo _- :. ',:' - I,'_xf -.-"".- .1: - 1.1-1-. -"Tm l<-Win-'-- -1.-w-ur . ' " ' 1". '-LE i "jg__i';?. __.: 1: -_ W A ' __ '__ ._ _ ,....... -. .,_ -. - ,',-, -- _-; '.-i.
I E"... V ._._._ pl .._,_-_. _.;_ .-I ___I 7.,7,._.....-7. l__:i__;:5,. _ _ _* ¢...l", ' '-u-Q";-' --2.-~11 - F "'g 4,-~. - .v_~ -'1 92-_- ' _ _ '~ 1- - __.-.r . '.-.:_,1.¢ _ , 5-_-r.'
' - %*" .. " 7'5",-' - ' -"....-.4».-.; ' "
.- _ L _ -qr... _:.__,.--,__.-.-_=n..- ~-, - W, _.-,_-i -_ 1 -=_-. -f -uh! F;
-s'r31r- ...-I-E- a -.1--v * -::'"._... .., Q, , a...:¥,~s_E - F-§i~.5..='_l.1-. " "- "._-' --'- s-.»- '.__ -_-"; '. -4 _..|....1|' Inae.___. .,._.._-._____-..._ . . _ ..._...._......_.. a. ._..__._
_3_
few matters pertaining to the enforcement of state crim-
inal law. There was, to be sure, in Article I, Section 9,
a prohibition against Bills of Attainder and against
ex post facto laws and the United States Supreme Court
had occasion last century to deal with aspects of that
problem. But apart from those restrictions, the states
could design such criminal laws as they chose and enforce
them in any manner they desired. Then came the Four-
teenth Amendment with its Due Process Clause. Those
who designed that Amendment did not dene due process.
But the great stream of cases that came to the Court
over the decades presented the recurring question as to
what provisions, if any, of the Bill of Rights were in-
cluded in the Due Process Clause and thus made applica-
ble to the states by reason of the Fourteenth Amendment.
While the Fourteenth Amendment was designed pri-
marily to give political rights to Negroes. the rst bene-
ciaries were not the Negroes but proprietary interests.
In 1886 the Courtheld that "person" within the mean-
ing of the Equal Protection Clause included the corpora-
tion; ° and in 1889 the same was held as respects the
Due Process Clause.
Likewise the rst provision of the Bill of Rights made
applicable to the States by reason of the Fourteenth
.-imendment favored the proprietary interests. In 1897,
the Court held that the Fourteenth Amendment forbade
a state from taking private property for public use with-
out the payment of just co|npensation. just as the fed-
eral government would be required to do under the just
compensation" clause of the Fifth Ainendnient. Through
the years, many such decisions have incorporated rights,
secured against federal interference by the Bill of Rights,
into the Fourteenth Amendment. The most recent of
" Santa Clara To. 92'. Srmthcrn I'M. R. "o.. llts I. S. 25114, 39.
1 .lIr'nr|enpnh's Ry. '0. v. Becl.'u=iHt. 129 U. S. iii.
1'-' Wicago. B. ii Q. Ir. '0. 92'. Cirirtlgri, ltili I. S. 2'26.
on .'' I
is L 1
** :______,__..-1-."-s--~----t-...._____n._....___-._-_.__, ..@__.__.__ ._ - -
__g_
se is Pointer v. Tcrcs, 380 U. S. 400," which holds
that the right of an accused to confront the witnesses
against him, assured by the Sixth Amendment, applies
to the States through the Fourteenth. That case was
decided in 1965, so the process has been a gradual but
continuing one.
As a result of this selective process of incorporating
the Bill of Rights into one or more of the clauses of the
Fourteenth Amendment, most of the guarantees orig-
inally applicable only to the federal government have
become applicable to the states. That is the reason why
in this century, particularly, the Court decisions have in
in the minds of many been an unsettling inuence.
What it has actually meant is that the standards for law
enforcement have been raised. The reach of the cen-
stitutional protection of the citizen has been extended
and the American concept of freedom, equality, and
justice has, I think, been greatly enriched.
This has meant that it was necessary to re-educate
many of the police. The FBI has led the way. It
has helped us realize that brains as well as brawn can
solve crime; that beatings. torture, detention im0m~
rnunieatdo, breaking down the doors of homes and other
like lawless action has no place in our society.
For 31 years it has had its National Academy where
local law enforcement officers are trained, The course
is for 12 weeks; and as of May 25, 1966, it had gradu-
ated 4,936. Of these 28 percent are executive heads of
their respective agencies. The present academy capacity
of 200 a year will soon be increased to 1.200. The FBI
has extended other extensive help to municipal. county,
and state law enforcement groups. Between 1961 and
1965 it held across the Nation 20.857 law enforcement
schools attended by nearly 600,000 people. Training was
provided at all levels and of all types. This instruction
And see Douglrrs 92. Alrrbrrmrl, 350 U. S. 415.
_, |1' I .
__10__.
ranged from a few days to 10 weeks or more. In addi-
tion, it conducted many law enforcement conferences-
1.126 in the last ve years. These conferences were
attended by nearly 100.000 people and nearly 40.000
agencies were involved.
It is this positive approach to law enforcement, which
the FBI and an increasing number of local authorities-
have shown, that will enable the police of the country
to work and live under the Constitution of the United
States and will afford all citizens. no matter how low
their rank. a feeling of security.
Oregon has also been among the leaders in modern law
enforcement techniques. So has Berkeley, California,
where law enforcement officers have a salary range that
not many elsewhere enjoy. i
Berkeley has made an extensive effort to educate its
policemen in legal procedures. not with the idea of get-
ting around" court decisions. but with the view of work-
ing within the rules of law. These efforts have paid rich
lllVl l.Ellf_lS; an examination of Berkeley's criminal statis-
tics shows that a very small percentage indeed of arrests
results in exclusion of evidence illegally obtained.
All of us need re-education in the Bill of Rights.
.-ltudents need exposure to it at an early age. News-
paper editors need to understand its history, for their
editorials often show glaring deciences in knowledge of
the background and function of this American Magna
arta. Journalists are often so ignorant of the Bill of
Rights that at press conferences their questions concern-
ing court decisions are frequently unintelligible. The
public is sometimes so unaware of the basic guarantees
that they think the judicial decision turns on whether
the judge is soft on criminals or made of sterner stuff.
Education in the Bill of Rights therefore is one of
the great challenges of our time.
. . "!i?'._i" -~f_...._._ --ve ---- -.-.---A ---- --.-- 1- - -v .-_-_._ 4--4-||_i-,,.-_-.-~-_av -.- -
_ TO
I ,
FROM I N. P. Callahan
/J "
5liB.I| 3CT= The Congressional Record
Q:
_ 1, .Iv:
A
A
ea
'
.
_.':-.-
Y
1;
-'
In-v.
.-
1-on4.5-:2 tn". 1-ta-as! i *vovtooom mm no. to i 5 solo-In JMAI III! IDIIION 92ll Olll. IIO. IO. II IUNITED STATES GOVERNMENT I
Memorandum
1 The Director DATE: J:/#7 /,/Z / 754
. . ._ --_-.¢..,..,...¢._iii
' Pg; 15214-158:; C00?!-onnu Hadley. ll! Wmt ltliu ill BHQHIIII: an mo °r -- H ' ----L e ~*=-* ~ -- 5995 -'51!-¥-w'9 M1 DagMMmtdh via "' 'm I1 I, India uauglu personal1 poms up 1 IIQIBIII ta our 1:41:11! syn-tun. A nun lllninld be utnbltntad
" 4"'u¢5*5}IIlIcil mu rlnnvodtroalbboncttlttswtthcllooutly
It Hams than will I1 l"H~l- hm:-arr. or cum» up u-mu ua
miadonwunors. ' Mr. Findlay not in in 8:110 "Any not proeoanrg put pg
W1 "81""! I115 trill ==r¢- 1 val! would at not tn imitate anything to
upset our judtam syttcm, in which tacks-undone: to eruieailg lmprtlnl.
Hutu ear procedure ts devised mm the peaelirtmy er 1:11.-'e1e*..1s
removal or omerrurna at shun or this prone-dun. - - - - Thaniara, I mu
recon:-n:=oad_ than ta Hana Judiciary Conunttta gin on-tau conatagratron at
an out date t this " EI O matter. Sworn! din! Cllgttllnall also cmnacblld on
this Islitlr.
.8O
REC- 25*7 '21,. T 2 if-2 -D 0
t .- pa /-' '______ ___
¥?Jr'RE<>°
145 out 271966
-__.-1
---I"'_
. _
In the original of a memorandum captioned and dated as above. th9C0qPE5Si°T*°1
R"""i-3'? ..U.i"~ 1/ ./ Fit-' .-' ...".°*, e."?."f { _ _ _d P_ '1f1'§fT='.te.'?f.Y'?§§.marked tor the U1rector's attention. inis torm nos oeen prepuwu 111 um-=1 we»
portions of a copy of the original memorandum maY be Cllppedt Tl-Int!-d. Qnd Placed
in appropriate Bureau case or subject matter {HES-I
A _ v.I~
Q
I
"e .,~
July 22, 1966
The Hon. Lyndon I. Johnson
Qresident of the United ltetes
TIIIIHTIDIII -- _ e x _
!eA1l_gi.el._ 2!; .!=!-= ___ » ~ _ = ._ 2- ei-*-'4 , . -. .92 _, vi -
k n 4 ,,_, ';,I-_; Pr r ;-Deer Ir. President; - _ A V gr fas; 7 "' 1_
- Ieebsoiseestepeeteryeeeithletters,hperhurdesieheeey ' ?
eno these e * iii M ire "" Hi? inst *"* i - -hHQI III, I'll II-I II Ill! I I11-I. BI"
east-eases, III! we eonicht egree serve with the etteshed ertiels. Is - 5%%EnLQngnnuJn*mmnnLnu4»@nund!n1nEE§§§k}"en Poli rtnents sf le si l ehle - t thei I1 l ee pe our rue ties letle ism! rte t '
lndthegere bihgesgleedid johndermstdittisslt siro92ns__tessesl - *-
Item-elzoise¢mmt &'thbm-ermit-ebutthe rulings of en . inverie favoring the srilinsl my
rightqertheeo-unis _e_i;rights,-92|hi1e_g_§h392g,ggt_eeeeetoheg1.reet-1:: %r vietin, and rhile nri== in rioing in our la_ 92_.-.1 % deoent oiti-.1.-n{eels eete en the streets, perks, or even is his owe hone nu; sitisens is our W
city sleep in the hottest veether with doors end winders looked end bolted he-
eeuse or roving bends at rendels end erininels, whose rights ere protected hy lewi!
end while outlaws end orininels riot end eot like Qengle heestsl ggw Eng, how
Lalkééniiéiél 1! our °°9°l1-'1le£rr°9nl2l T119"
it all followed e planned, revolutionery pettern; it would now sees to be the
eeme here; end if sunh e revolutionery orgeniletion is known, it should he re-
ree led to the Alerioea people, es Q;-_,___=1;1;_Qgg soggestedin the peper this week]
lien; eitieens do feel strongly shout our lupres-e Court end its rulings - .
tevoring erilinels end Qouniltle Us were em-prised lest user, when riding ll/ru-expresses; into Indimepolis, to see e has Tsigg! elohg the highway oerrying
Just these three vords I IHPIACH HE. ILRREI Bo others mast be feeling the sele
--en A-J _-b LL. F.---1- -Q-- -I-.'|-& 4.-. J51. 85- -J1--- IQ-I -I--- -eel -eel-I--1_UI-I Ii IUU I1 {HID VII l'LllU Ull W DC 'Ul92liU-I U'UebIulUH¢- CH-Val UIJ-.l.IlInl-"
favoring rulings. ind the neritel record oi Justice Dougles is e disgreoe tor one
in so high e positionl a
Us do like Potter ltsvert, end don't feel he goes elong with main!;
this is ho noti K° "' REC-B 4.1- a77~¢'&¢'/2,4 /
thenkyoutorenythingyouemihthersvholoreiserioeeeedol Us
eppreoiete the tine record of our Ohio 8-enetor, Freak J. I-eusn[_ _=_a ,________
*1? -lley1ouhevetheIDlD'8e"un1d.sdol esputry teith£92§92§!J&t Qgiagisso greet people!
/e Sincerely,/ H T?
oo 1 Hr. J. Edgar Hoover
The Hon. Prank J. Leusohe
0
Attachment U O 0 UV*1 , }'SU RE
r__ _ _ 1L_ _ , 1* r_ H V I ' _ "_ V
__ __ _: _ _ __ I _ V |_ _ MW j_ _ _é_ __ .1 _ __ _ _ _V _ _; '1 _é _ q é __ é_ _ ______'___J wilt A _ Q L ___J !_WL___% _ __ H __ M_ i H M 1wUmh§d _Mm%mMM _few _ u_____ __4 _| _m_ mug __M _ H __w_%__ _ M M M _ __ 4 ___u__i_ mmC Q M" __ __ _ _~_ M F AH _ _ _q I _ q _* f _' _ _A_ WMy I _
,_ _ I1
QF _1 I 92 P". 92 ____&__i K : __ _ __ a _;h_ _ k 41H W7 _W
*|1__ _ H ___' __ _3 __
__ __J? __ _ __ r 92_ _
_ _ __ . __
__ t iP-___ _ _7 5 ,__U _ __I_ __ , IQ _ mm: W W
%mm%WmM§ m m ma_ &_ w@_ 7
W_y_%é WWW1 MM ____
:.*2'!.1
Av
£-1
1
_-p"CA1
_-1.
6D
or
Felt
Rosen
sullw
Tuvel
Trotler
Tele. Room i.-H
G5?-.
I 92
:7o !
I UGOI f ~- .'._ _ 1' r. - . , - . . G.- 92,_ _ '_ ~ _.*,2' '{;__";'T*._. ma '~- '* " , ' ,.-j.,_-=4 » 4' ". ' ' 4R "2m&r22 ~oo..%- M. _ Q £1 II J h i ., ,-_ __ §"";:-92."'r. ,s-|§-i% so $0, e-__._»-1* I- 92< ' - M e '- Q '1; .7"! &7 b ;"-'r.r?~'."= - e V r -
T _ K-7':
_ ..,_ .____ __ e _<__ 7' '1 .~r
1
.|lhavereoeivedtheoopyoholetlordstsd r V
3u1y22ndyouandyourtrlendssentPros1dentJohnson, -
tozethervlthltsenclosure. -
Iwantnllolyoutoinowtlutlappreoisteyour
gisldexpressionodcontldenoelntherorkbelngdcnebythe
Enclosed are publieatl hich I nd oat interest. ms ' Mm you
Blnoerely yours, I
mu-£5! I. Edgar Hoover 1 d
JUL 2 l966
C_0MM-FBI . 'Enclosures ! ' %,pv The Faith od Free Men , -The rm. . .Guard1an of cm: Rights F
F NOTE: Although correspondent and her friends express condemnationbf? I of the present Supreme Court, in V1EI oi Q praise of the Bureauthe above re is deemed am rhte. we mo one prior letter rTolson _____
DeLooch e._............
$il£
§L§'1'lTJ...
Conrad, time she thanked the
re or or s statements regarding Dr. Martin Luther King.
She expressed high praise of the Bureau at that time and sent Holiday
nked by st l'12-10- - 2 09811 4142!.
d who
er are no entiable in Buies.
7 C/y 1 I MAIL RooM1:l TELETYPE
e 4 10::_ _ . . 7 3 I
. :. ' ' _ _ 92..;__ r..' D u I' ?__
4'
mtI P0 1TlMES-STAR, a letter appeared in the Editor's Mailbox 1
4#2: '
ei
-A-'
"1;
c
§§*3
I-I
..,_~ 0-'i " 1; 1190/ L
July 26, 1966 _i
MrMr.
1 2-I1. .n"L"I92l
P . r. . -- r..5} :.
1 .ur. 92'."'='
;// i-mi
, Mr. L M oz-wood, 0 2 * Mr., Mr.
Mr.
l Mr.
. Tr-=.u"
Tele. Room
Mia: H0111:Tulsorl.
.".'..'92i».
mars
Fell. ...Gale
Rnsen
Suhivz
Tnvel
Hon. J. Edgar Hoover, Dir. ? MB=Gmd
Federal Bureau of Investigation
Washington 25, D.C.¬>Dear Mr. Hoover: SQ/ r-e,. <1, -" /.
Last week, I wrote to the President,uith_copy to
you,concerning the lawlessness end anarchy on our city streets
until many of us women are afraid to venture out onto our
streets at night - even to go to evening church, and much
of it, many of us feel, can be leidet the feet of ourf_
Supreme Court;_ In fact, Justzlast evening in our CINCINNATI,_ I
I
and signed by six or seven employee of one of our large
Cincinnati banks, the FifthThird, laying the bleze for so
much current lawlessness at the feet of THE WARREN COURT.
' However, this letter is not over thet, but I'm
enclosing one of the most remarkable books, e true storyand best seller, which I have read over and oger again, and
sent out to missionaries and Christian works ver the country
end world-THE CROSS AND THE SWITCHBLLDE. Perhaps you have 92
rend it; end, if so, just pass this copy on to someone who 1
hasn't reed it. '
h Inside the book I he-re included e photostat by the
Q author of this book which is very timely, on dope addition 1
among the young people of this nation, and who is behind it
ell. Just thought youfd be interested.L I
_. »n~
_ God bless you in the greet work you are doihg_.,_g- '..
under most difficult circumstances ... may He give you His ,_,-own wisdom in all that you do! ,6} 7 5'0 J _'_
Sincere y,Auu :1 13%
Z///éé7
u1 §6?1*T-_ Inb
'_-.-_-1>-1--
--6; --
1? 3 ;_u L -I-' I , _ -h&,e Jn;e§=
4' 5?
P
" I:To
FROM :
SUBJECT:
1'
/__ .___ ._,._ , , ..___ ____ .., . _ - -_-- ~
ea-".11: '- _/- --~~~ O , , - - '
capes. no. -A. If -' DZLTSC?UNITED STATTLS G0 RNMENT 3 Mom Xi' V 92_ 1 ' Casper
CulluhariMemorandum eh-~»-r»
Gulu_.._i_._
Rosini--i-
Mr. Mohr mm-== August 12, 1966 i?.3L. f___._-*-
Troltn _.._._.__
Ulcl: .Z-i-' Tole. Roan .._....L -.1, Qasne:/ !'r!":1'-r tyfy uwuw --1---
'92/
REVIEW OF PUBLICATION ENTITLED
"FROM ESCOBEDO TO MIRANDA - THE ANATOMY
OF A SUFREIVIE COURT DECISION" BY _
RICHARD J. MEDALIEI 39 Pages! -
LERNER LAW BOOK CO. , INC. , 1966
WASHINGTON, D. C.
192.||'1'c|rW'm'r I A 92'r'r.1192'r1'cI1Vl.lDb£aLJLl£92.l'¬ EIUUD
BACKGROUND
Washington Post article 8/7/66! captioned "Georgetown
Professor Raps New,§u1es,on,Evidence" reported that Samuel
Dash, Director, Institute of Criminal Law and Procedure, Georgetown
1 D L H1 University Center had criticized thupreme"""""* er =ett"g
"almost arbitrary deadlines" and producing "ironic" and "discriminatory"
results in its recent decision in Johnson v. New Jersey /20/66!
holding that the Escobedo Opinion /22/64! and the Miranda Opinion
R /IQ /RR92 awn Pn Inn I:|r92'nI'In!1 r92r92In v92rncnnn+'IIn;92II1 I-n +'I92iI:|I§ I'92Qrr11'n I:|'Ff'cn"9292J] LU] UV, nk C l|92J IJG Rvkillll-CI-A klllly til 92JDtJC92/B1! GI-J BI-I 51- llvllil IJGBUIJI GI-I-l-Cl
June 22, 1964, and June 13, 1966, respectively.
The Post article noted that Dash's criticism was found in
his Foreword to a new Institute publication compiled by Richard J i
Medalie, Deputy Director of the Institute, entitled "From Escobedo to
Miranda - The Anatomy of a Supreme Court Decision".
Pursuant to Lie Director's comment on Post article
"Procure a copy", the publication was obtained and is attached. The
following review was prepared by the Training Division.
------'1
A 6 AUG 192{92@65. 980$ '-- . i"""':"
losur ' QM _ .3% /U _ _ _- I 1 We 6/ - 2 '7 5-__.-..:-ee.-y 92 tee" iF:%| en! 13,;5'2 AUG 23 was "; 3 1° 1'2 92,
92
.;_1». -- ,_..- u.
=3.-
=i' .31:
if
. _- 'i.-
_ =.-.4---W
_.l.
F 9'-'0'
. _-00 0
L i 5
P_U§LICATION
1. General Theme of Book
As the title of this book suggests its general theme is
the development of the rules governing the admissibility of a confession
of guilt made by a suspect or prisoner laid down by the Supreme Court
of the United States in the cases of Escobedo v. Illinois and Miranda v.
Arizona.
Briefly, Escobedo holds that a confession elicited by law
enforcement officers from a person in custody after the officers fail
to advise him of his absolute constitutional right to remain silent and
refuse to honor his requests to consult with his retained lawyer is
inadmissible against him at his trial because such police action deprives
him of his Sixth Amendment right to the assistance of counsel.
Briefly, Miranda holds that a confession is inadmissible
if it was obtained_.by law enforcement officers during in-custody
interrogation where they fail to give the prisoner effective "warnings"
as to his rights to silence and counsel because such custodial
interrogation puts his privilege against self -incrimination, guaranteed
by the Fifth Amendment, into jeopardy and its coercive effect must be _
dispelled by the warnings which are essential procedural safeguards
for the proper exercise of his constitutional rights.
This publication attempts to trace the route of decision r
from Escobedo to Miranda by a review of various documents used
during the appealszoirfive cases decided by the courts of four States
and one Federal Court of Appeals involving questions left dangling by
the Escobedo opinion. These so-called "Post-Escobedo Cases" are
as follows: Vignera v. New York; California v. Stewart; Johnson v.
New Jersey; Miranda v. Arizona; and Westover v. United States. With
the exception of Johnson v. New Jersey, these cases were decided in
the consolidated opinion of the Miranda Decision on June 13, 1966.
The Johnson case was decided the following week, on June 20, 1966.
2. foreword by Samuel Das_h_
The five-page Foreword by Samuel Dash consists of an
explanation of the purpose of this publication and general observations
on the Escobedo, Miranda and Johnson holdings. His criticism of the
Court is confined to the following observations on the Johnson case in
which the Court refused to apply the Miranda requirement on the
necessity of the warning in _a retroactive way:
-2-
. . .-
A.
5-4Q J
"Some threads of this June 20 opinion . e. the Johnson
opinion! can be found in the briefs and oral arguments of the State
of New Jersey and the State of New York as amicus curiae. But the
unique and almost arbitrary deadlines the Court announced for the
application of its Miranda ruling is a creation of the Court's own
making without the aid of anything counsel argued. _
"The total effect of Johnson is a discriminatory array
of remedies, of very differing degrees of effectiveness, for persons '
tried or convicted at different points of time. Those tried after
Miranda may use the Miranda ruling. Those tried between Escobedo
and Miranda may use the Escobedo ruling but not Miranda. Those
tried before Escobedo may only use the earlier Supreme Court doctrine
on voluntary coessions which requires no warning of rights by police,
but treats the absence of a warning as one of the factors in the determi-
nation of whether the confession was voluntary made.
"It is ironic that for four people alone the Court applied
Miranda retrospectively -- Iviiranda, himself, Vignera, Westover
and §tewart. " ' .
In the course of describing the various documents used in
the appeals of the Post-Escobedo Cases leading to the Miranda Opinion,
Dash also wrote in his Foreword:
"Perhaps the most striking lesson to learn from these
materials is the roie an amicus brief can play in shaping a majority
opinion, even without oral argument. Undoubtedly, the most effective
presentation to the Court was the amicus brief of the American Civil
Liberties Union. Although the full ACLU brief is not reproduced here,
from the excerpts printed, it is clear that it presented a conceptual,
legal and structural formulation that is practically identical to the
majority opinion -- even as to use of language in various passages of
the opinion. Also, it is from this brief and its appendix that the Court
apparently draws its lengthy discussion of the contents of leading and
popular police interrogation manuals. Both the AC LU brief and the
Court explain that resort to the manuals is necessary because of the
absence of information on what actually goes on in the privacy of police
interrogation rooms. And both the Court and the ACLU brief point out
that these manuals, shocking as they may seem, should be understood
as presenting the enlightened and fair-minded police point of view."
-3..,
92
0-:&I
1
. Q J
.1.
Finally, Dash notes in his Foreword that"
"The Institute is pursuing a number of research projects
aimed at developing empirical data on the functioning of the various
steps of the criminal process. Of relevance to the Miranda decision
is a study which started June 1, 1955, of the attitudes and responses
of indigent defendants to police warnings as to their right to remain
silent and the right to have a lawyer appointed and be present with them
in the station house. This study is uniquely timed to observe at the
outset the unfolding problems of implementing the Supreme Court
guidelines. " ,
3. Special Purpose of Publication
The special purpose of this publication is to "illuminate
the appellate process" for practicing lawyers, the public and law
teachers. The method employed by the Institute to achieve this purpose
is through the reprinting in this publication of appeals materials such
as the briefs filed by the lawyers for the petitioners, respondents and
amici curiae and the transcripts of the_ oral arguments in the Supreme
Court in the Post-Escobedo Cases.
The Institute of Criminal Law and Procedure is described
as an institute which was "established as an integral part of the
Georgetown University Law Center in October, 1965, for a five-year
period, under a million-dollar grant from the Ford Foundation.
A principal mission of the Institute will be to engage in systematic
studies of the criminal law process frompolice investigation practices
to appellate and other post-conviction procedures'.".'
This particular publication is described as "Studies of
the Criminal Process - No. 1'.'.
4. Coptentspof Puéblica,t_io,p_
There is nothing new and practically no original scholarly
research or writing in the whole publication. Its 339 pages consist
almost solely oi reprints. For example, among these reprmts are the
following:
a! The full opinion of the Court in Escobedo 4 pages!.
b! The full opinion of the Court in Miranda 11 pages!.
c! The full opinion of the Court in Johnson 6 pages!.
_4-
Q_7i7_:1i7IiI-' -.._, . _ t _92_ i
L; !
d! Briefs of Counsel, edited, in the five PostEscobedo
Cases 0 pages!.
e! Oral arguments of counsel before the Court, also edited,
in the Po-st~Escebetlo Cases 09 pages}.
The Post-Escobedo Cases shared the following salient
features which formed the main basis for their appeal and on which
the Court's opinion ill Miranda turned:
a! Incommunicado, in-custody interrogation by C
law enforcement officers of prisoners in a so-called
"policeedominated atmosphere".
b! Failure of the officers to give effective warnings to
the prisoners on their constitutional rights.
The arguments of counsel for the criminal defendants in
their briefs and oral remarks before the Court boil down to this:
That the warnings are essential to protect a prisoner's
right to silence, based on the 5th Amendment; and to protect his right
to counsel, based on the 6th Amendment; and, therefore, these warnings
must be effectively given by the officers and knowingly and intelligently
waived by the prisoner before any confession obtained may be deemed to
be admissible.
The arguments of counsel for'the prosecution boil down
I92 -"-
That the warnings are not essential; and the failure of
law enforcement officers to give them is only one factor to be considered
in the "totality of circumstances" surrounding the making of the
confession by the prisoner in a judicial determination of whether the
confession was made voluntarily and is the product of the prisoner's
free will and choice.
In Miranda, of course, the Court held that the giving of
the warnings is an absolute prerequisite to the admissibility of a
confession obtained from a prisoner by law enforcement officers durirlg
in-custody interrogation.
- I-
Q
I -
5. 92la1_u,eZ_ot_Pl1:oli<:a;tion
Because of the nature of the publication consisting, as it
does, of reprints, it is not an impressive legal work, particularly
since almost half its contents consists of reprints of the decisions
of the Supreme Court which are readily available. Whatever value
it does possess lies in the facts that the great mass of raw material
contained in the briefs of counsel and the oral arguments before the
Court has been organized, arranged, edited and gathered within the
covers of one book, thus making edited parts of this data conveniently
accessible to the reader who has an academic interest in the historical
background of an important Supreme Court opinion.
j eE_¢9M1!e1~@AT1@N
None . . . For information.
%
1
I
-6-
4
_| 1 ?
I
.,.
-":5
.'-".1 .4-5'12 Rev. 1-la-631 4, _m'=.1:'.'::.:::.::- " i _@ ~~~~- !6 am, Ito, no, n 1
UNITED STATES GOVERNMENTQ Memorandum
Q T0 I The Director DAT!-;: 7' 9* 3/ -6
PROM I N. P. Callahan
SUBJECT The Congressional Record
03 Urf £;.,,p¢, QHIAJ
T .- ram. sunm It'll M NM! ¢92=""I92-1/ and a =¢p.:f:§:32 J. nu. Pf°P°l% '3 I-P"4"'* t ti af-2111» rclntlnsl the xmm 4%" 01 Br T W " """"
m&¥iE:'I6A3'i§I:m1u1;ama. Ba paw: tn we imam a mum» an3333 arm-1 the Subcommittee on Coutttutront Amendment: oi ta 1:6:-hr!T <:~==»==m- ~w=-M *= u *1" r='P°"f °* " "' ?'a. "f;'.'.r 61.3;- Mm: Ma 0 "ta um. ""1: cum up um ; swore turned ius tn-tins ton under them p0rvI"l¢°" '1 *5 ° 1":. 5 . rm: in mat: to npm um: ertw-cl, III ll i"IP*r'& 3": um; to dohash|ndoueierthonw'somurd:r,udnpuI8i - I Itsomething £0: than no do not wish to be nerds:-ed or and 61 VH5}
ti re: um pm-pea mn1v»rP'm_==r ¢°¢="* *1°" * " "Xian resolution um be obtatnes.
<s¥*'®
N 'o"r nR'cWao'E5"'
46 AUG 9 I966
/I -1-I-I in-:-
1'1 The Ofiqincl of c: Pgrclndum captioned and dated as above, the Congressional
Record for 7~ .2 - Q. 9 was reviewed and pertinent items were
mu 40 fjeétqrffcstention. This form has been prepared in order that
POI opy oi the onqmul memorandum may be clipped, mounted, and placed
in appropriate Bureau case or subject mutter tiles._r °392 st a 1 q 1 1 ms -R 1*E¢-0
U
U
-0
--0-0-I
-r
--4
-1
92.
_ _.
i
Q?
-'-_ .-
.~ 3.. -fp-
V; 92
.;- --2
F-TI-If
-.e-
.- _.# ;
132'
;,_ ;.'
Cr-.. *,1 K. ... ..
In
4-572 Rev. 7-I9-63] .OO'I'0OOlAl, IOII H0. W __- JON!-I00 3::: :.::r :::."::.. ., L» ,
UNITED STATES GOVERNMENT
Memorandum
T0 I The Director DATE: Q -- L! » ] _J
FROM I N. P. Callahan
5UBJ5CT1 The Congressional Record
9292
.-|
.-1
Pages 17251-17254. Senator Byrd, D! West Virginia, requested
News? World Report entitled "In the 13th Year of the Warren Revolution-
HOW t Is Changing United States" and "Some Criticisms of the Court.
{serious crimes occurred in the United States last year, or a 58 per cent increin the last seven years. " ' _ - -
- ' 7
/' -., ea -~i'/H5-
N !'r~ nW'ormED
]][] AUG 11 I966
- ---_-_.- 2
In the oriqinal of a memorandum captioned and dated as above, the Congressional
Qecord {or was reviewed and pertinent items weremarked for the form has been Prepared in order that
portions of a cop i igina memorandum may be clipped, mounted, and P1<I1¢9d
in appropriate Bureau case or subject matter files.//_ / Ito have printed in the Record two articles from the June 20 issue of U. S. 9292
It is stated in the first article "Growth of crime: FBI reports show 2. 75 millicmas
must not search a person until probable cause for an arrest
has been developed, our officers refrained from following this
protective course lest evidence discovered be rejected by the
court in a subsequent prosecution. Probable cause came with
the shooting of the officers and too late to avoid this terrible
tragedy."
40VII.
THE SCHOOL PRAYER CASE
ON june 25, 1962 the Supreme Court decided a case entitled
Engel vs. Vitale, generally known as the New York Prayer
Case. This case originated in the Stare of New York from the
Union Free School District # 9 of New Hyde Park, New York.
The school daily procedure was adopted on the recommendation
of the State Board of Regents, a governmental agency created
by the State Constitution to which the New York Legislature
had granted broad supervisory, executive and legal power over
the states public school system. The state officials composed the
prayer which they recommended and published as part of their
"Statement on moral and spiritual learning in the schools , say-
ing, "We believe that this statement will be subscribed to by all
men and women of good will and have called upon all of them
to aid -in giving life to our program."
The prayer in question reads "Almighty God we acknowledge
our dependence upon Thee and we beg Your blessing upon us,
our parents, our teachers and our country."
Shortly after the practice of reciting the Regent's Prayer was
adopted by the School District the parents of ten pupils brought
this action in a New York State Court, insisting that the use of
this official prayer in the public schools was contrary to the be-
liefs, religion, or religious practices of both themselves and their
children. Among other things these parents challenged the con-
stitutionality of both the state law authorizing the School Dis-
trict to recommend prayer in the School District and the School
District regulation ordering the recitation of this particular
prayer on the ground that these actions of official governmental
agencies violated that part of the First Amendment of the Fed-
eral Constitution which commands that "Congress shall make
no law respecting the establishment of religion." The State
Courts of New York upheld the Regents in the recitation of said
prayer on the ground that the said prayer as a part of the daily
procedure of the Public Schools did not compel any pupil to join
in the prayer over his or his parents objection.
The opinion of the Supreme Court reversing the State Court
was written by Justice Black. It decided that the Regents had
violated the First Amendment to the Constitution in that it was
making a "law respecting an establishment of religion". In his
41
i
,h
V
92
92._/921
~...92-
>
92..
92 :~92
92:
i 1.
v' r
J , e oygan, : si
Mr. J. Edgar Hoover b 3 /!C/u.s. Dep15.0i Justice 1 Z 1!Federal Bureau Of Investigation {Q i
Washington, D.C. 20535
My Dear Mr. Hoover: ,
First I would like to take this oppertuntiy to thank you for the 6lbooklets 99 facts About The 3.3.1! which I've received in May. I've given
I
92
I5 of these booklets to several of our detectives and one to our wonderful
chief of police, Oakley Frank. The individual detectives and our chief haveenjoyed the booklets very much. I do all I possibly can for our local polio
ioliee department, and b ve feught on their behalf for some years puhlicallZR the newspapers, for t ese men are the guardians of peace in this country
My recent etters publi hed have denounced the RED! nstigated CivilianReview Boards and I have lashed out very bitterly at these insane Supreme
Court Rulings, which are ne of the great contributing factors in tearingthis great country down irto shambles, which can not eyer eyer he reéfiiijd
; O!-41¢I am #0 yrs. old, and I find it very hard to conceive that I wouia I
litesto see this great nation openly plagued by the deadliest, most crue1,q
most inhuman element upon the face of this earth, which is a representaiiqj
of SATAN, Communism. I've read your GREAT BOOK entitled "Masters Of Decditl
This book should be Commended for a top award in this country. Every Amlriecan should and must read this factual writing, for this great book unve%§gn
,Cemmunisn for what horrible thing it is. Hew can we expect Washington t. i
go is the State Dept ? What good is the Sup. Court, who write up their qof rules for this countrg? What good is a Eresident who knuckles und £1the Comunists? What goo is Katzenbach, w en he is in with the rest _nvnun r'r.. .!_ nvnrn -.. .t....1:-..:.:.._.1.l_; e.92...t...1.-... 1.4. 3- - --.e.....--.-|-I hl"|-..- A-I,.4-..-|--.'u§UJ.|J'921'll 1'16 .LU 1IU.l I111 .LlluJ.92|'.l.uU-d..l--1.59 uu;11n.BJ.-Ll-U 1.5 G yu_p1.JUUe "Lawn u.4.uua.uuwhgg is right, when they could never keep their own house in order???Wh§3-j
set
for
the
Martin King makes demands, those demands are orders, and our Washington Q;ficials fear this dictator and obey his audacious whims. WHY? This is son:
9%?thing you nor I shall learn in our lifetime. Too much is swept under the '
hief of Police of Los Angeles had died, I
later as the local papers here had notA friend of mine who subscribes to a ca
holic Newspaper "The Wanderer" has called me up and has told me Chief Parke
is dead. I was shocked, and I cried because William Parker was an indispens
ble man, a good man! I have a letter from him that I shall keep for all tin
My heart went out to that man, when he had to fight the EVIL forces in the
watts area. That good man was dragged through the mud by Satans elements an
their supporters, the Communists in this country. I've sat down and have wr
tten Chief Parker a comforting letter during his trialing time, to let him
know that there are many GOOD people at his side. We, who oppose_Communism
MUST STAND TOGETHER, even though SOCIALISM%bOMMUNISM has their foot in Amer
ca's door.When William Parker, the Chave learned of his passing a week
mentioned of this fine man s death.
What a SIN, to see the transformation of a good democracy, into a stby;sIE§92:f MOSCOW Rulership.- c REc_§ H l f,,__ ,_.. C!. 5 _./ -
- T 5 W 1e nus /4! use $303hcz 6-:0-to _____
-.2-1~ r
, 92
The Communist Party .-s become so bold si. e th; J.S.§upreme Court bee rulin the REDS favor. "ins Communist Party has eve Jgeld a Rally in New Yorkcelebrating our pro-hommunist Supreme Court deci one. What can I or any o
cognizant American think? We can only judge men by their actions!
I an catholic and I have been a democrat Mr. Hoover, until I began we
ing up. When I've realized little by little what has been transpirin andthrough the nightmare of REALITY;-knowing right and wrong, I knew I ged to
take the right stand according to the dictates of my CON CIENCE. I cannotesteem those that support the enemy. I cannot supgort a State Dept. which
very uestionable. Our Country is a good countryb ut the men in charge are
destroylng It 5It by bit.
Ieu, Mr. Hoover, are a rose among thorns there in Washington,D.C. Men
of you OUTSTANDING CHARACTER are priceless--and I would say before anyone,that my greatest regret is, that you were not in the position Lyndon Johns
is in. In other wor s, you should be our President, because you are that
which is GOOD. You are the MOST HONORABLE, HONEST AND SINCERE GOOD MAN IN
WASHINGTON. Your soul and heart and pure. Your department is the only de-
partment in Washington without blemish.
May God Forever Bless and Protect You! Hay HE forever watch over you
fine and outstanding men.
ti/e , b/*
May I order 25 more booklets "99 Facts About the B.I.? I d like to
give them to officers of our Sheboygan Police Dept. that would like to
have e booklet. I shall be very happy to reimburse whatever charges to
cover cost and mailing.
92I
¢
-t 1s
. _-1;-1?! -
1'
9' 1 .
__'. I- .92 ==,__ .
P. '4-as
J.-.-.;'4...
-7 ---~
'3'
PsvI V-,2
x ""
1. . -! '.1. J
,,,,-' '._ ... .-...-":.-- I - _
- aui. - ll
u- 9t cg:
:- '.;. ..f¢.1-Lu-5"xxgm...-
Note on back of picture!
I've snapped the picture of this
bill-board sign, which is erect-
ed on highway 141, south of the
Sheboygan City limits.
Bill-boards like this should be
erected along all highways thru' -
out our country.
For Mr. Hoover.
L» " - xi»/' l;,n- ___! 92
92 92l:.l~1 _.LOSUREE
i
1
I
_ Z
__". "92__ K *1-v
ie
I .
J
lg]; H Au¢n|t10,19Il -,
@5110 .1, 2': mo $1513 .
. Fa!
B. Arrnox. |?;ib
Mic c
Your letter oi August ltii, with enclosure,
was received during Mr. Hoover: absence from the city.. L
92O ' I
w up I_- ...- _. '4.-' ._EA _ .____
You may be assured your communication
wilibebroughttohie attentionuponhia return. lino!
he will appreciate your very complimentary remarks con-
cerning his book, "Masters oi Deceit," and the other kind
sentiments you expressed regarding him. *1 53
D- " U392
75!-»
T"T"
--
I
Iamtakingthelibertgolsendinggoutbe _§booklets you requested, and they willbe sent under eeparaE;
bytbeFBI
QOMM-FBI _ "": I Helen W. Gully9292 K... . -L! C 'K 1 - Room 4124 Sent direct! 1*
I: 8 2
Mo 25 copies of "Q9 About the FBI"DeLon¢i1_-*-i_ 92 . , 7 . i ._1 5cover. There is no charge for any publications disseminated 3
, I1::-
5
.'_O
-Z
MAILED 11 Sincerely yours, /Aura 1 0 was L WWW
.§f. ..'*-,, A NOTE: Bufiles disclose prior <>ueg¢mg to correspondent 5-B-66, at
gown-,__'= which time she was furnished six copies of the booklet, "99 Facts
__i' A - About the FBI. " I n view of her comments regarding various officials
1_~ oi the administration, it is believed this is an appropriate r o he: Z 1 .-
osen '-' , /E P-' J .9Tclvel I : ' F I '___Twlrer _ - .- - <1»-"1" -me. Roam T L /601 -3&3 MHolmes _._, C844 . _._.. ...._ --- I, 92
G°"d" - MAIL H0oM[:| TELETYPE UNIT:
v1:.
L
IQ; "
1:.-i; __é|-|'-
1;-TOI4-S72 Rev. 7-l5-53! .Olnonn man not I0 S010-W0an uni IDIHOIIIlla Gin. IIO. n0. II
UNITED STATES GOVERNMENT
Memorandum
1 The Director DATE:
FR951 I N.P. Callahan
SUBJECT: The Congressional Record
L1 ill i iggqcm-ta. -r my 2:, ma, gun; cg, t - -,23*;-gwv I mm évamu C092§1l Rims On ppm» uutwuq. nu. rm--4{I-
/ 0 _ ,.Su/!/VF!/f w
Pages Mil!-A3943. 80:20 Tau hath Olin! hla remark: L0 ll-elude r e '_" R, c.'.n_'
a This excellent Mttortsl :=ou1_-; xiii tom Raul Lap:-tut qoutigu:Fstsi0r carlottg. 9292=4" ii! *'i"'1°lM- "4 Ptrliwlariir Husker: It tbs Cong:-on, about
WEGSK 4 ,1 '02 75 ~ .2" 297
:_;"~:. e NOT RF; <'-TZDED
' *1 191 AUG 231966
92.
; Lin--q-iii
Ll . I
in the riqinal oi a memorandum captioned and dated as above, the Congressional
Record for /,5 was reviewed and pertinent items were
, _.... 1 _ ._ , ,___.___ :.. .-....I-- I-ini-mIked for the Director's attention. ims rorm nos oeen plupuiud in uiucs tg.-ti d
portions of a copy oi the original memorandum maY be 91199955: m°~mted- cm p ace
in appropriate Pureau case or subject matter files.
-lr
I
1
_-.-I
-P
-.~92.-.,_,._
L
V 1,;-E
.1;.,_
emu-at mu no. an -_ pp.-nu .92 nu non lemon Au ell. no. no. II Z 'J UNITED srxrss Cgiznumsm . ,_ '_
M emorandumd J it
,-
¢ = Mr. Tolson " oars; Augmt 16, 1965 _ "
H 92[ ;' _ We Mu I . In. : {r ,, ' I -""w1;; -1-.,_..,_....;.'._.,,'u_.;_.;-,1... ,rg_;§1,;;.t,;2'j: . F} ed is _ F 92 ~': V. ystf _ . _. __ __ . -- ._,;',-.; ,~ __ . -E-H . _;, ~_--2; -_ .5 ' 7' -r Q. _,. . - 3- _, ." -H. _; _" -S -;. i-J I4. "M J,t1;5,t¢-i-=-p, An/rsmcan Bginassociarion i-Yfijtf 7 ,__. Bern Agent MEETING, MONTREAL, CANADA - ~~"_ 5:-rt-~.r»;= .. .. 1 mason ION BY CHIEF JUSTICES, JUDICIAL CONFERENCE
_ . I. __~ ...... _,_,1.,.i --I-";__,:.t¥T"
Inspector H. L. Edwards who represented the Bureau a.t,:he _-rec.-er . '
American Bar Association Annual Meeting in Montreal has made B.V2.113.r»1e thi. "' A
zttta ched copy oi a resolution presented by Pennsylvania Supreme Court Chit ;
Iustice John C. Bell, Jr., to the Chief Justices at their Judicial COI1fei'enc[_, ii
nontreal, Canada, 8_/1-6/66. The Conference of Chief Justices meets -"hm--zi a~; Y
p1iOI to the Annual Meeting oi the American Bar Association and repre snts "1 e
Cliief Justices of all of the states. . A. , "-3. A -. i ~ . I M e' I -
Chief Justice John C. Bell, Jr., has the reputation of be rig iely _ .92 strongly pro-law enforcement and has spoken oubin the past against some oi t1.e 1g bleeding hearts" and the decisions of the U. S. Supreme Qgurt which lave
I to favor the criminal. The resolution refers to the appalling and brutal crime ya
which is increasing six times faster than population; cites the recent publicized
L Iiiiranda decision, and points out a number of specific areas in which the criminal
- accused of crime has long enjoyed adequate protection at the expense oi society. 'lh~*'
5 1" esolution indicates the Miranda decision is unsupported by the language or spirit oi; the Constitution or prior precedents and that it will-greatly jeopardize the security aw.-¢
_ welfare of the law abiding public. It concludes that since the "sca1es of Justice haveQ been overly weighted in favor of criminals and of persons suspected or accused of pg
' crime," the U. S. Supreme Court is urged to reconsider and substantially xnodiéy th=. <5K rules and tests laid down in Miranda and "permit the introduction into evidence of H
toniessions which were not coerced but were voluntarily, knowingly and intelligent 1;.
made by; a defendant or by any person suspected or accused oi a crime. " E v-1%
further resolved that a copy of the resolution be sent to the Chief Justice and all the _, _
i Justices-_p£ the U. S. Supreme Court. K J. I _ _ =, _. _~ g; ;. , ~ =- - -1- - I
,-- . " - '--4 A ' '1
i
.i "- I/T " This resolution is one of several examples of the grave concern; ex; __
pressed in Montreal over recent trends of U. S. Supreme Court decisions in the
Iieldoi cri_minal law. , __ ~; _- _ --_. .41, is:-'; - :."»' " ' T» . l ' ----' ----It ' K_ IIlf; I%%§iOl1. -,/~92 ...:_L I _- -Encl0suXSTIiQCLQDv 1 /D l ' N56-"' J , ' iv I '1-Mr asper, 1-Mr. Mohr .,.__ ......é"1 - Mr. Rosen -1 ' 1- Mr. DeLoach $1 6.7-2 2 Z§§'§ ,-
6 I» sac T1966
.-.
t r
ti*_F
~92_
V
*_92
u~'_;_
£_ .ff -gt".
-
_ '--92._~.;'1 ' ..f -C,' -DI
. ,.__
, .r§*"-'
1.-4-svz How. 7-IB-B3! ;' *::I'|o|:¢.|. I01: H0 :0 ti ,.°|¢_| J
ll ::.I°I:Q_ 11
UNITED STATES GOVERNMENT
I I I
1V167Tl07'Cl7lCllU?l
To i The Di1'ECtO1' DATE; 3 _ I! 5 _, 9 }a
PR0-*4 1 N.P.Ca1lahan
SLYBTE-GT1 The Congressional Record
V!
rag» zii-1-time-*3. faagrcnzaan Humor, F1! C:-t:'onil.92| etaecd ta an Race:-é ll me.-1: arm» Ir ¢-mum 1» Fnswr wiw Hm
.ler.-seer; !e!e;-_- 11;; p>e1ae:1+re§ Ln. Ag at ram in.-an at um
Caiaiania ijaflf htmtaaa. tin cum: y-etzaatn 0: the Cntuarnu _ J
easwiuioa oi ar;."-nny Pltrdimln. 11:. Ewan: piiniq 0:-1 that rm ld:¢.I
T earl um. tit ructaronra :9 111: an-or-anon: lupus : er neat U. zfy mm
1.1;-_x;~1___Qact-atrtaea. 1:»! agitate statue Puma; 0-at that ruéautialliiea no 1
Inllaer ta.-at nude: attuttoa, Jusuet it-en: are tint rm alaliaucn I -IIIi Eu 03,853 lliiaden prwelncd In 2.9% and I884, I8 attain: Ind ux
mat or cmargl reeerda. A
G2 -. pr;_=*§ 1""-"_
ND Hrrnqrggg
r Wf'92f92f92 r J~ .
-' .____.i
ff In the original of a memorandum captioned and dated as above, the Coqfessiol
' 1' Record for i - _.»v,» ,¢_, - was reviewed and pertinent items wereSwed torw jirectos attention. This form has been prepared in order that- H495 oi 6 y of the original memorandum may be clipped, mounted, and placed
in appropriate Pureau case or subject matter tiles.
p gudgnc/zaoma Giaic 14Mac42sZ¢hn
2226 N. FAIR!-IILL STREET PHILADELPHIA, PA. 19133 2034 N I
PRESIDENT lat VICE PRESIDENT 2nd won pgESIDENT C0331-gpoarr Def-°&ch__ .l" CE§'b'~2333 *1" A U J
Mr. -~
. M15 Com-ad _"
M1. Fe ___-'
M15 Gale ha--
Mn R08er|_~_--
Mh Sullivan-____
M" Tvel
Mr T " "- Sidh S. Ric , S . 23- e r Carlo: Qulnones phnomen shawchuk act . hum . run"
|Te-lg R ' "- 00111-.____
J.Edgar Hoover
Washington D-G- ~
September 2,1966 ~F 0 B 0 I 0 DlI60b0I "33 HO]r||g'
I Gan 7 _-___
Dear Mr. Hoover: bd.v_
___**-.
__________¢~_.._____
First to say that you are to be congratulated on the fine Jo you
American people appreciate this. *I h e read ani I must disagree however with you on a statement av
9/2 66.K The following is quoted:"There has been much wailing andignas
'="' of teeth in some law enforcement circles lately .
of clean living and law abiding Citizens have put up a big fuss ab[which I have before me in this Morning's Philadelphia Inquirer dateipk 1n 92 'have done for these many years and I am sure that the maJority_of tQe]._
I have no doubt about this but you must remember that the majg¥EyH
this very thing. _ ._yThe Criminal has twice the protection that any law abiding Gitigéi
has.were one of these rapists to attach a daughter of yours or a clqgej
-_-.-I-Q
by ;ourself.
I am first of all an American Citizen and would do my part to
tect my country,and I a an adopted Son of Philadelphia of which Iproud to a pOln£:H Cf!
The Qnited States uoreme Court HAS and I repeat HAS tied the
of our good law enforcemetyofftcers and every good American knows
and has complained about this-
I think first of all that members of our Highest court should
voted on as ongressmen etc. and not put in office by any Presiden
in this way when we see that they are catering to a minority group
voting Americans can oust them in our elections.
Every country which has turned their back on Almighty God hasfriend or family of yours perhaps there would be a different tune sun
P
8.IIl.
hand:
this
be
t and
Fe
fallen and Mr. Hoover I say this as a Christian and not as or in any
other way and with N0 other meaning,but we are falling faster than many
may believe.
tr Only yesterday a Citizen was denied his right to be at a hearing
of his
sat in
nine 0..1P},J¢%;>
'. thirty or
Now this Citson who had been accused of a wrong because the Magis
1.. --l'l'l In en-In In lial-on this case de e- "he er ne will Quru at ei Lclock. y b X5"--%,j_¬-izen»h:i=nes son arrested at thgge o clock A. . and
as told to snpear at nine o'clock A.M. his empl r allowed him to go/g,nr?F?:o the hearing in olenty of time but when he arrived the hearing was
over and he and his wife the boy's Hother and Father learned that the%**<{4 boy was held in 2,000 Two Thousand dollars!bail for furtherdmmarigq ohf,»*g:_§epteh' 5,1965
3/-' _92'/43¢!: J1_'_ _:
/..r .921
|
Hoer how do you call this fairness by a court? I D0 NOT. 4 Sap IThe color of any man's skin or where he was born matters nos t§:§
Wrong is wrong and is not respective of color,creed or-sni;in- _
S0 as far as I am concerned I wish for you to know that as far as
oo§S@§DEN L
.- -oE"s r2333 GA 6 - 3531
sudgue/zanna eiaic ;4440c¢'ai¢'on
2226 N. FAIRHILL STREET PHILADELPHIA, PA. 19133 2034 N 4th STREET
PRESIDENTan vrcs PRESIDENTSidney S_ mm Sr Cm" Qumom :1:h92I;1;1i gtsszsiiur conmrsronnmo sncnrrsnvWe H B n! Letter Continues. °"
am concerned the majority of Philadelphia Citizens are PROUD of our
Police force-
" Surely there are good and bad in 11:; every endeavor and this
does not exclude po1ice,Judges, firemen and/or any citizen.
This letter is not written to condemn but it is written to say
that I personally feel that you are wrong when you feel that policeand
or others have been complaining too much.
I would not have a job as a policeman in any city for any smoun
of money because they are not respected as they should be and I have
personally witnessed several times that they had to stand by and answecomplaints and were unable to satisfy complainants because the U-S-
Supreme Court had "Tied thier hands.
May God bless you and continue to give to you the health andstrength that you need for your own type of work which I realize isn'tan easy task either.Be assured that I have not written this in bitterness,but I do
believe in stating when something is wrong in my mind.
,5o,1@!</
92 92
Z, !
' 5 September 18, 1966
92 ~i'-~ éiitf
Aummhmn.
1 ._i-_.!*9s.tl¢.1'1t:,n111.B!;¢1§- e
5 hiladelphia, Pennlvlvenia 18131 -.__
C Deer
expressed regarding hie work.W
574/;
o y
Your letter out September 2nd was received as "1
Mr. Hoover was preparing to leave the city. He naked me tog;
thank you for the kind sentiments and generous comments yoq_4
J Mr. Hoover wanted me to send the enclosed
'.-; x-._ O yme- .-." r -. 4uv»':~
;t **~ -H.-we--- _ Sincerely yours,
.. _ - D N-.9292LEr,92 " J 1 E1»/1 21966 _ __ Hl .... - ueien W.
.t =%f3?" c0M""FB ' Secretary ___
.%~,=-¢?->555Enclosures !
_ 1'3-Primacy in Parole and Probation_ Spare the Rod. . .and Spoil the Criminal ._,_
" ._ 1 1 - Philadelphia - Enclosure --
1
. 1 -1;! _ Lson ,
,° ' "- contain no record of the Susquehanna Civick i T Her C _" "9
.i%evn5§SERm@#>W..@AssociationZl"H
D
G
2
Z
I4-92
ea
U
NOTE- Correspondent is not identiable in Bules and our files, _--1-
t__*5; I WC MMen M 1 C . ,Tl 5 A 92}92 92 !92U V . ll!
92 /I
.-_,-
-I. ;
' .4
to _
I-.
»~I'setU4-572 Rev. 7-I8-63! -.amount roan no. I0 {J mo-10 J-ll. I'll IQITIOHon am. not no. n
UNITED STATES GOVERNMENT
Memorandum
TO = The Director DATE: Q - ,Q_, , p.
1- wohi = N. P. Callahan
ii .
SUBJECT! The Congressional Record
Q
54/. /éf»-"--._,
rrI
K
L Page: 30154-891%. Cnnreuautnnahll, B! ' rt, upon 92erntlg the grunt and potential aoat at thqtguobodp 61-ctatana_._
aeaeurtbednneentmaeicbyuuahwnunitoll rafhlnahrfii
aruwaavalktlgbberhameua f:npttolBl1t. Ronni!-hdthlatactdaotleava
me no alternative int to spank out concerning some result 0.8. Eapnnu Court
dectnlon that reader our police lleplnell llnffecve or an impaled ta mm-
lagr vnglgrpgifgblf '%u1l "' g Qlnn I!-Qln-J "1'lA, I111-Lain Qnj Iflnnniln r-pl namniu- _ mun gm an -new no-urn 1-n. in-uwwwnnn -nu nuances an--an npgn
against the sum and tau have nationwide nqaltuttaa. B in my sincere, solemn,and at the name time dismal prediction, that Ilatutlcz £0: the tncrcuc In crta? Iwar tram new will It-av the disappointing, ye; nu staining remit: at the z; rand:diclstaa rm m rune an by an ms. mo Cam an has 1:, run.E--|
C?
OJ-1
I-0-I
._.
--0
/'
I 1
/1
ll
REC- 62 9;, - 2 7 ;>"?¢r.. Z!;/t L;
NOT RECORDED
*5 SEP 20 1966
/up
In the original of memorandum captioned and dated as above, the_COHq1'95$i°"11Record for fa _-7/K Q, Q was reviewed and pertment ltems weremg qt; Ea Drre¢92Q;"sTArtent1on. This form has been prepared in Order W1porwn at a aopy at the original memorandum may be clipped, mounted, and placed
in appropriate Bureau case or subject matter tiles.
1-5?2 F92cv. 1-is-as: A
Z'f-".'12;'.%7:;.°- ~= *- --H" .!
on Ola, no no. 1;&/ UNITED STATES GOVERNMENT
. M emom ndum
5 T
TO
2&0» an ennui eeuuhnhic euniror-any tlnnb-O i-VIM 34": Th8 Dl.1eCt0l' DA-1-E; y I
FROM 1 N. P. Callahan
SUBJECT The Congressional Record
67 eY-zr-92i/-'»l3f"Q-£32 14.»
I
l Pug: 21845. Sumter 151:. IX 85"!-ll'k P01!-'4 W W "'°" - 1-gm; co. -t neuron mu-prauq. the rig a at an individual in cumin!
4--"._"mm an ltta um antic: an tuna: an mmsm-'1 ulna! Ihll IP99mi in-1»: 1986 new 0.! the FBI MI iilfntttmnli Buillttl. It ml;azatvlnatedoé u oditorll. tram the September G, 1806, Wuhtl Pl" iiu r~;..._-:i|...- g; g-g; - ,-2:13: Etta L13 ..L=.~erere £254.!!!-,!= E
REC- 67é Q e :1.7.>"¢K:»
NOT 'Rl=_E: '<5Tr:>e_n
4° sir 23 1956
92
In the oriqinal oi a memorandum captioned and dated as above, the Congressional
Record lor Qv / 4,1 - 6 6 was reviewed and pertinent items were
marked tor the Director's attention. This form has been prepared in order that6 gpkol the original memorandum may be clipped, mounted, and placed' """ f'n'appr prllclle are-au case or subject matter files.
!1
F
Pry.
.%s=<a1§;;
_;-,~. .7.
Z¢.>L_ *»_,; 1 _
Eli-
;.|___¢ ;
l
1
1
* -v,-¢_.
,1
iv»
E4-512 ta". 1-an-ea! " - ,"- Q; xmmm" tg "H" - !Oil Illl. Ill. X. II
UNITED STATES GOVERNMENT
.Mem0randum
T0 = The Director DATE: Q
: N. P. -*1? r t 1:. t. . 4* am _" I lg-C! t - § w
._' 1 - '_ .- - we, _. .
. _ t t .'_' .1 _' . _ .1 -
5-?RJ5CT= The Conareuionaiecordk F *
- 1
- Page: 36961-88392. Senator amt: ma Le ,5 .92 ¢¢==*='§%n£ the lac:-use an crime xeeeaéay-,1:ea:efg>.a»r :2-'::§::f::. 3? 9292m**5 J5 ¢°=1~f=Q» lea not mean to may that coax! a;£ii*cg$ an ; ., 5,5 L, ___ __ - ear ;.e, atV tuegnuitaoar etgm to new masons for retama; the agent: at 1;;-rm; [9t. , vaea ey rte Uflh each other In im903:0, tae mart: eontrtbate to the creation at §la§:§='¢§§~§f§§3§i§=a~§° NWI wzuraiesioa oi attract. ~ - - - Rana Coagreas coa:'auoa'1n Janzm.-31 1 - - ,_ _ 92 tgiim bi the igazrdegeigtmsa. with a view toward 'K ,_ e -- ,_Gi, ntgatec-it 1.1:. lam: oz lb 2 eleggat :5.-.2 5;
. - ¢. 1
1575-1
"of QECORDED
IZI NUV 9 I955él
/92 .
In the oriqinal oi a memorandum captioned and dated as above, the C0nqI@'=~5l<>I92°1Record for I ,.- 6 6 -. was reviewed and pertinent HEITIS W8!-Q
D ' attention. This form has been D1'9P°T9d in °"ie¥ 91° .
Orlqlndl memorandum may be clipped, mounted, and placed
Iin appropriate Bureau case or subject matter files. 92
92 ,
92.
.92
.--
.-
-
-
92--I
5-:? '
/2¥
,.____
r,-. ct?
}97 /¢
vi...¢
-1
E?
~- ."=-1.1;-I
TO
FR§?M
W
/6 ,
s JECT:
I
107%I 1;/'
Lé
,.OITIOHQL FORM NO IO IQIQ-IQIAAI ll 1 DIon 0I;. :|o'.l°-:2». as ! Tolson i_._._
UNITED STATES GO192___!{NMENT _! §;};§"° -~
Memorandum | ,
FeltMr. Rosenffi! Wu/// DATE: December 1, 1966 I M;
Tuvo]_-___.-.-_-_1 - Mr. Ros-en 1/ ¥L?1.';;:,;":G. H. Scatterda 1 - k $$f
_ 1QIPREME comm: NAME cmscx REQUESTS D b7¢-
On November 29, 1966, re e checks on
ten individuals were received from , Marshal,
U. S. Supreme Court. The forms submi e n e these
individuals were applying for positions as guards, policemen,
or charwomen.
A check of Bureau files reveals no derogatory
any of the ten i ndividuals, namely, information conceigigg
X
/
f/7
-u
QIQ
~
I use 6 1965
/0 ""'
6:; nu: 5, I356 /
: I92
71/
i
'.. _4;- -'92 :.
1:. 7--0-,.
.jif1 5V/
U J
Supreme Court Name Check Requests
/z,-/ K / <'/
Z3??-
P Memorandum from Mr. Nichols to Mr. Tolson dated
September 3, 195?, reveals that the Director has instructed
that no action be taken concerning requests received from the
Supreme Court until the matter has been presented to him and
he personally rules on the request.
RECOMMENDATION: .
That the forms on listed individuals be stamped
no derog data" and returned to the U. S. Supreme Court. I
approved, this memorandum should be returned_to the Name ChSection for handling. ll 4* 1" Z
92 ,
, 5¢>'§~'= 92 '60 J1 61;."?92 k0 U - uIxf 92 O 92"§U N-
< W 92"t if92 p92
1
1 ~92 O*°-"/<54: . Quf/F1;/45 Goo/97"
" ta
ba ""gb"4'*". /7 6»-+@»¢»?<=»£<»~L£»_~,¬,,_,.[, g .,.1
i:;:;gg f1>-3»% /@wrW¢;:.?¢f7J,i5?Jjt'@ "* "*
{ _,,_M £05, £0//_, / rc 2:-1-4,,/*/0 J7 _ i% % 0 £2-27:9! 02,2?I
_ M1-.-
NC. -'--1.,
Mr. Tat---n Y
1.- !'1'.Er:.~T'-. _..__I§D r. I .' _
-4
' v
A-.--_-i..._i..i__
R1 _ "'
.
*l- ..
-j4 JAN /Z 1967
Q
aw
W J L-
-4/~-=>._,t4 Lg
,
"°""L"""°°""*'i" Z*7@4~§'~*/»»----¢1£JL
~¢¢;t£»AM*~1q£f1*wv4»~vf>45¢@&4{
Q I92
/9%/1
024/
/f/49
1
4. I
§
1 _/Vt/Y7
cw
j-/t-47
, yr
X .l
r >l I__ .
TRUE COPY
Jan. 4, 1967
Dear Sir: f
L
Would you please explain to me what theupreme Qourt _,__
is trying to do? How do they expect you & all the other law enforcement
officers to do your jobs.
The only thing they worry about is the right of the
criminal, the ordinary law abiding guy in the street continues to get
it in the neck. I wanted to join your organization, but unfortunately
for me I never received enough education to qualify. I just wanted you
to know that you have my utmost respect as one of the finest men in
the world. You also have my sympathy with some of them meat headed92 decisions.
//1 5 - Sincerelyr/I I /
67¢, i
Pottstown, Penna. 19464
11' C /4 -/ 7
/&
1/
11..
if %/J
4 »;-.,
2-3;:-_£Q¢'/-
_4!
U _ 7? Jlnuary10, 100'! M
1 ~43 W 1 R. P,' ' ' ..-¢ _._, _92.
" '1 ' '1 . .£? n 4 |'.1
u' . ' I __ 1,5 _-_'___ _ _' , 1 . -'_ I _4_',' . -_ .: . _ -_4"92{ ..,f. . Aa_ . .A.-u.-_
_..92'
-v
-. Tn
" .cn, I»-
. -1--.
-
r# = C:
-DP¬"!"7! !'... $9.4 vv5 1»?-éiI
L
I have received your letter ol Jamar; an
and want you to know your favorable com manta and uproo-
llon osl condence in my work are qproclated.
Sincerely youro,
r
I
'17-:;»?1q;,e,;;.;.MAILEQ I
JAN 1 0 1367
COMM-FB|
Wick
Cusp
Folluhu
Com d
F 1
Gale
Pusan
Sullwu
.ele. P
HolmesNOTE: Bules contain no rec
" < ' - * r !' " '92 ilz1:::ii 4 ¢§:hJ54Q§$i:/ or * .41
nm f I K£-Z
-....
::.» _
92 -'92
./,
<=:.
_
ord of correspondent. -7 -
_ 8'9; 5 76/ , . I _5°; F M U? " l92»92° W-<
- n
if
u>E§-53
,J
. _ cqfow9mu_ rem Mn. Ill f _ louo-an 'n bll no 1 ' ng :0 . ! .:1 Olll. no. Me. II I " Totuon _.i._._UNITED STATES ILQERNMENT -,! ' % °§~;"" '
NUXDSURE A. . _-5;MemorandumConrad -....._._..
p1v' FmGale _.._.;
Roman _..._._
Tcvcl U gr _ gal» DATE 1/20/67 Sullivan __.._
lr Trotter-i.-....I. v. Clevelamuj Mtg, §Zi;.§°.iT_I
Gundy CH.R. 146 '
A BILL TO ESTABLISH QUALIFICATIONS FOR
APPOINTMENT TO THE supnnmn counr or wasmurnn STATES up TO orxmn rnnnnu.-Juncnsnxps ku
1
H.R. 146 copy attached! was introduced in the House
of Representatives on 1-10-67 by Thomas G. Abernathy Dem.! from
Mississippi and referred to the Committee on the Judiciary.
If enacted into a law, this bill woul rovide that noindividual would be appointed as a member of thg Supreme Court of
the United States unless he had had at least five years service
as a U. S. Judge or judge of the highest court of a State.
The bill further provides that no person would be
appointed U. S. Judge if at any time within the five-year period
preceding his appointment he held any of the_;o1lowing offices:
Q-D
Vice President of the United States; 1.
2. Senator or Representative in Congress; _§ 1
3.Head of the executive departments $1 the§Federa1
Government including the military departments!; Q
Deputy Secretary Under Secretary or lsistantSecretary of any'such department;,qr'Deputy
Postmaster General, Assistant to the Attdney
General, or Solicitor General of the United States;
4. Director of the Bureau of the Budget ComptrollerGeneral of the United States, Administrator of
_§eneral Services, Federal Mediation and Conciliation
ACE birector, or Director of Foreign Operations
Administration;J K;-5. Member of the Atomic Energy Commission, Civilg Aeronautics Board, United States Civil Service
Us -MCommission, Federal Communications Commission,1§Q§; Federal Power Commission, Federa1§rade Commission,92 I ,, .D PEnc. 1,7504;Q Hr, Uelnach *- -. ,=! 5f] Q 31* L, :- Mr. Hick 3!. 92 H0 JAN 2! Ij- Mr. Casper /2? '
Administrative-Review Unit - ____
" M1 Gale comvrmunn - OVER
._ land »
q M,/- .
V"
' 92-.,
. 92 J L!
Memorandum to Mr. Gale
Re: H.R. 146
Interstate Commerce Comission, National Labor
Relations Board, Securities and Exchange Commission,
or the United States Tariff Commission; or
6. Governor, Lieutenant Governor, or head of any
executive department of any State or Territory.
OBSERVATION: This appears to be an effort to take the appointment
of Federal judges to some extent out of the field of politics
and political patronage as well as preventing appointments of lame
duck members of Congress. The Bureau should not inject itself
into this proposed legislation.
ACTION: For information.
. %/M
_ 2 _
reeis H-I. R. 146
A BILL
To amend title 28 of the United States Code to
establish certain qualications for persons
appointed to the Supreme Court and to pro-
vide that persons who have held certain Fed-
eral and State oiees shall be ineligible for
appointment to any Federal judgeship
within ve years after leaving such oices.
By Mr. Annexe-my
-Lumen! 10, 1967
Referred to the Committee on the Judiciary
! .
1 l
J
F. . i. .
90-m CQLIGB
""""'1'§7r SnssroD
i
:-' '
~_,___ iiéi 7 r pp ,_ _ ~_,-,
IN THE HOUSE OF REPRESENTATIVES
JANUARY 10,1967
Mr. Assam-rrnr introduced the following bill; which was referred to the Com-
mittee on the Judiciary
A
#11!
f.
To amend title 28 of the United States Code to establish certain
qualieations for p_e_rs<_!_ns appointed to the Supreme Court
and to provide that persons who have held certain Federal
and State oices shall be ineligible for appointment to any
1 I'Il']l1'1 JLL 6
. 92. -
o 7 2 _
the Supreme Court unless, at the time of the appointment,
he shall have had at least ve years of judicial service. For
the purpose of this paragraph, judicial service means service
as a justice of the United States, a judge of a court of appeals
or district court, or a justice or judge of the highest court
of a State. -
lo! The heading of section 1 of title 28, United States
Code, is amended to read as follows:
§ 1. Number of justices; quorum; qualications
._1 .-. r _.__-j.__- 1 - _. - .. ,...
I1HlySlS OI C[1<.1PL6I' 1
Code, is amended by striking out
1. Number of justices; quorum.
and inserting in lieu thereof
C
1
2
3
4
5
5
'7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22b 1-
I
.1 '
3
! Head of the executive departments of the Federal
Government including the military departments! ; Deputy
Secretary, Under Secretary, or Assistant Secretary of any
such department; or Deputy Postmaster General, Assistant
to the Attorney General, or Solicitor General of the United
_.L-_ 4
tea; .
! Director of the Bureau of the Budget, Comptroller
General of the United States, Administrator of General
Services, Federal Mediation and Conciliation Director, or
Director of Foreign Operations Administration;
! Member of the Atomic Energy Commission, Civil
Aeronautics B0aI' l, Unit-ed sates Civil Service Commission,
Federal Communications Commission, Federal Power Com-
mission, Federal Trade Commission, Intersta-te Commerce
Commission, National Labor Relations Board, Securities
r
|
and Exchange Commission, or the United Stat-es Tari
Commission; or
! Governor, Lieutenant Governor, or head of any
executive department of any State or Territory.
b! The analysis of chapter 21 of title 28 of the United
States Code is amended by adding at the end thereof the
following new item:
Ci461. Ineligibility of certain individuals for appointment as justices or
judges.
5
.1 V
I.- c
E.
. r. -5
.¬4.572 Rev, 7 18
gmunm IOII no HI III0ll
3113: i£;"L':,_ II l
UNITED STATES GOVERNMENT
Memorandum
. / 7TO : The Director DATE? 7 7
FROM 1 N. P. Callahan
3-'BJECT~ The Congressional Record 92
92
92
92
Pages H866-H861. Congressman Yynun, R! New Eiaxzg;-shire,apex: camera-.0; dccuiens by _____Cg_a:t. 50 stated £7-or Constitution
says la-ginlatt-on shall bu by the Congress, not by Ila courts. Yet when a
determ and in: =11: =-ur haghut Court log llatc judicially by apeateelg
re:- rt mg the C-:»nlt.'t-A ea than pars:-mt tutu, than us as uppeat undu-
~ at ayltcm ncapt t~.= Congress. - - - - The American pcnpte are at Em;
an D64:-.1132 ng awakened 1: m true dingo: tr lhtm inn: this judasal Leanne. '
Ct.-ugz-cu 1 l!'<¢l1lIv.i. do :0 the urgranazod bar. - - - - Some answer must be
ts.-end l*'»<'». at the Iabcrtoun prt-can 01 coalttlnrliunll lmcndaalnt, I0: the
Rama can :11 nti-hard 1 oom:'nuti=:-a of such anccuragomouu to Comma: ate,
cr>m nah. and porn:-1|. Let us b:.p-Q that the 112'?!-till"! Comzxntteos at this
Cr-ingress ml! recegnrro the urgency or this grsbmm. ' Be tactadod an
art eta Irena tho v~u.+,~q-ma Etar of January 3101 entitled ti-gt: C-our! 1
I I:-oral Plot Pact. In Ens-ones: Irttn by James J. impair-ck.
. / _ , _ .92 o N b , the Conqresswntll , _ ' _ . In the Qnqtncrl of <1 memorandum CODUO!-ed and dated as U Ove ......-i_.7h'_..-. ..___..-.
,- o e - - d L ent items were . _o Te-_Hecord for ./ 1 -" 1 Wm reviewed on prefer hrged in order that N01 - .» -. Trmrl- ed tor the Di-sector's ottentton. Thls torn. has been ID Dd ted and pm YF1 ,- -> "portions 9291/bop? of the Ol'iqlnGlmEl'T1OIG iLll'Ti:1'1UY be cllppe -mo-m 'F < -. ~ .1=w=1.Y<2*?-w.**f,~? Q "Se ° - --
.1 .i. av . _ La D.
92 V v-4-->~<-..., .. -
QOIIOIIL Kiln 010. W ll92O-WI -»92
UNITED STATES GO MRNMENT J mmlickM emmanduman! nu muncnon am. no. no. II , I T°|°"' -i'-'"' DeLauch
1 I ",1 / DATE: 3 :1 :6? ' V GSAMr wi°"t{*"7 / / ~ /' V $15951
< . Tr or
_ 71' Talc. Raul ___M. <'§$§'____-."_'_
I .. 92
mmo BROADCAST
rurrron LEWIS III
6:30 P.M., 3/1/av _
In his broadcast this evening over Radio Station WGMS,
Lewis stated that the Director's Message in the current issue of the
FBI Law Enforcement Bulletin "took issue" with the ndings oi
l?resident Johnsonls crime commission insofar as social ills being
the primary cause of crime.
Lewis proceeded to quote extensively from the Director's
lvle ssage, touching on the problems of unwarranted judicial leniency,
the necessity for crime deterrents and the advantages of swift and
realistic punishment for criminal offenders. Mr. Lewis said that
"whether he intended to or not, Hoover pointed up a major weakness"
in the I"'resicient's crime proposals by stressing that today there was
not sufficient emphasis on deterrents to crime.
Lewis went on to state that the President had completely
failed to mention current coort decisions which have so greatly impeded
the efforts of law enforcement. He said that FBI statistics noted a
shockingly high number of criminal repeaters whose activities repre-
sented a great risk to the public and police officers.
Lewis went on to say that if the President is sggre
in his desire to mbat crime, he will have the opportunity/naming areplacement foglpreme Court Justice Tom Clark. He opined that the
new Justice should be aware of the rights of the public, should he a
conservative like Justice Clark and should not be another Abe Fortas,
"who gives comfort to the liberals. " Lewis was highly critical of
Supreme Court decisions in all areas, including crime, subversion and
"1!9292Ol'92QIr92QO!N -2.-. .n...92-CH, IUID-92l92l'921l'92 N l_l.-92 41r92w92n1|-AA! H4---4--h.-n §-Im-.I- I-I-A Gunnn.-.92¢-..PL G-JUL O Ill PUULLD DbllUU1D. 115 92/92Jl.l.92.-l.LI.92.lULl DLd.l-1.11.5 l-H51. LIIU LJUHLULIIU
Court has acted as a le 'slat1v arm of ernment and has infr ed s1 ' ye inson states rights constantly. _ a Q» .- -' ' ;
4-
,» /92g i if
_,.r
F L,
Y-I
M r. Hf-
?~Ir. P"
_ Tvlr. CL:
Mr. Rm;
M1. Su
Mr. Ta
Mr. Tr:
- * 1 . ' .. Tale.'. * '*"" n - _ "W { Mia: gt:
Hie-e Ge
-- .g -. _ .
2 S-
rnemet at the mm sum et 5..-1... ' if 92' F »'§"[ H
If. Ireeldeetl ' r.' . A "3 ' . 1 . _V . _ -I _> . _ g J _A __ f. ' ' *" , . -
be I neeretmi tun-eetly that e recent leelelen rel
meenett-M-llai e let -I01! In that nte leeberehip In the IlenewualPeat; Iutfleient grand: for eieelellng-er the net hiring-en; pube»1oyee"I It lo, tale nun render the ltete OI lee Int pore:-lee =te eieelee teacher! er other nubile eereente who ere Coumntete endveal! open the veg to thoee me Iuul eet;-my our gr,cvemuent__end ourfreedea to continue their eubveretve eetivltiee uneoleefped end v1th- .Out reltrelnte Q -_~_ '
If the reeeu IO!" our 881' Ll V1 Ill ii, II lift. 6
tunrfiaemngruoue eea II bet P"? V
I.!" |Ir. rrealdent in View If other recent deeieieue ty the higeet ecu e in the lena, it Inuld eeee to ee thet the the bee eoie .Ier;j=e re-eetlen er the etcnde-rde of eenduet, she:-eeter, nerd integrity, end
netlenal loyalty er than the ere appointed te the Ina:-eee court eelleller ecu:-te 11: ll! lead. 7
In: ere to be eounended for your deeteien to deteet prove:-ty ma desel-ieh er-lee. But, wu1da't preventive eeeeuree eiplied In o'er luv:-eeeCourt end other eourt-I be e lea; eta-Me in that lireetleaf /,
.- - rbeet, 1-eye, perversion reeult tree elude that tee: ea we:-neg:-ephieeater-iele. has then ere neae eeeny evelleble, even In our nevieedle lee {J53 meantime, llel-eh 3. 1967: Pill 16 eel telleelngi metteenage you 1: er adult veal! net be teepten flue sort er thug Itthrult at the general wblle eoaltently en television, the eereee, endlegitimate ugestaee, to any aoth1ner._et_ the ood or vulgarity er which[],_g_Q9_1 1e enly one. How can Itnde be 'eo§1t1nue11y bcmberded lth lewdeex, violqee, uoclal pg-eeeure to ccnlune alcohol 1: beverage, andqueetlana'B1¢___'ezmp1eu of conduct end utieeneniu by people In reman-elble poeltlone end, Q0? succumb! Ce:-tainl in theee the eeedgtar erine. .1 REC-21 -J43 /U33
1" , ,
< _,. K W 9,,/1 M
__~r-qr _k
T
ms
Y!
"'1
3Q |92 %'
Ila B:-uldnnt at tht United sun: of An:-in
Illlroh 6, 1957
Plga 2
92 ' --~ -. ' - . _|- .--.,. .. , _ 1- . r - .
! la-ny_lo¢_1¬i131__a.t an togtno can-gm In I111 .li»1y_92Q_1'|92 flu-
nu under Ln, I91 luau, gums II an no nth: lad» I01". lb or null SI lug nuts. '-' J ¢
_ _ *2, ff 3 I--",_:-_.:" "- '92"~'¢ "* l_-'_.';;_'_,,_' *1 Hi".- -- . é-. . - _ r1. ~ ; < ~,-,-* F" _ " Fug llpugy 1_vnl_'I. jJ_- Wjm. qt
. 92 A I -92.. I -. .1, ff; *
I -1: It-neat A 5 I /74'???/9 it j W M M can It I: g A : ,1_____, P; __;_, -'- ~0 hunter :11-Quinn t f i_ A Ion Rap:-oun to an-1 0 - 4- " j - -. cc: 8. Edgar Hwvww Q 9 b 7}on Gonna: mm 8. nan . I. j ~
us I110 -
. s
I
I
I
A
s 92. 9!9§:l1!l..l;
E
J .
-,2
1-..
.. __
.,g_..¢l
». "'7' .,?.' "-»r. ___
s- 1._ 7- ~._. __-_74-572 Rev. 7-lE'
°Ill°IIA92 IQIJ IQ. IQ _ Y "I01-IQCIIQV 1'6} IDITIOHan am. no N01 zr
UNITED STATES GOVERNMENT
Memorandum
. '-1 :> 1..T0 : The Director nnn: 7" '0 --kn /
FROM I N. P. Callahan
5L3.|5¢T= Tho Congressional Record
an mam c"'l"ll1'-=1! @7111. R! POI:l|Iy1Yllll, gagingI IN! "aw ills. an to puma in u eomnmanz lntldmg
um¢muou,uy¢:vo-zmuvuuntnaaunq
cl Ww-avvvuu
I-fun whnoanb_ruau£:gororawnatdthopop1;,iy|1up p;,,uwrh Willi mammiq 1 mourn um in rqwgaul and lining!!"' " " ° *'° 3 u"_'*5POIl.lbl3.il7 oaou than b u.-an *""71" -
sit
AW
in"?
:=-1" 1?;
,3- Q7F;'£>I ".
1-O1 moo: 1--<_ Q
In the Qiiqincll of a memorandum captioned and dated as abovo, the_C0nqfe5S10na1 .
Record for 3 , C/ A A was reviewed and pertinentatemfs weemarked {or the Director's mte-huion. This iorm has been orepared in orger téatl edpDf¢n?Qh1¢iDpY glggqinal memorandum rnY be Cllpped» m° "t°- v G" P C
in approprialé'§*.m'eUucé or subjf-351 matter les-
-,.'--1
v-iii
...~
$2,;
"'i,;_- ..
.1 -
_ I. . .'92_V
:.r'x.
.
_.' y-
"'9-..
.
;*..'*~
T .=;'- ;'-1'73,., ...__,,
.@_'*-{-3' " v-'r._ ,.-.1»-Jenclts tr. U. 95'?!;92l
4-$17. Hem T-W I
omo-m mm nu. in 7. '°"P""-qr in: ulna» 92-Oh GIN. ll. n|O- II
UNITED STATES GOVERNMENT
Memorandum
; The Director D*"TE é 7
rnnu - M D PnllnhnnI "92--" - LI. I I 92.l92!lil-924ll*""
SUBJEC1; The Congressional Record
_ . . . . --um ~.-- = ._ .. -._ _.@.. . .., _ .. __ i.----v - --In-we.-v-.-:1-.-. -- . .__.____,_.
1 __ _ _ ages I-9&0-I-132863. Coiig"i'e;ssninii Ashbrook, R! Ohio, includedin tne Record various "Supreme Court ciecisioiis relating to "Communists and
Eiibversives. " He remarEeH: ' 1_ - as the iollowing listing of Supreme Court
cases W111 show, friends of the So~riet Union have been makin n w ' th _ _ _ 1 g e s in e courts
in the United States as early as 1911!. Toca.v, the friends of the U S S R arestill creating havoc in our courts Z125 evi'cleiic_ed by the recent U S -S . - . H __ _ _ _ _ _ . . . upremeCourt decision striking down the I"Q1I1b'3]g law in 192t~w York State which permittecfiring a teacher for being a memlier of the Comniiinist Party. - - - » This
listing of Supreme Court 2lffE: _1LiD_i}_ {__'[If11111l_111i5t5
valuable background for 'a'ppraisin;: tie issue.
decisions listed by Mr. AShbIOO1{, ilie loll-owiiig contain references to the FBI:
Marzani v. U. S. 948!; U. S. v. Coplon 1352 ' Gold V. U S. 957!;
n'lir92n*' II TT Q |:'792l r929292 n TlllJ.92'92!92- u. U. |-J. us!, LL11 v.nnrl clihvorn-itroc nr-nv1'r-Ina u -...... .....-,.v- .......,-... E1.-,i... _,u .4,
Of the list of Supreme Court
4
'1
r ;"1-;92-§_
..} ¢,92.__,._._t._._l:,3},
"£93:
.,_ , 1*:
'
-..;~:'-; -
V .1, .
ii--.=4-S72 HOV. 7-18- I ::f:°'=°- "I low-nonOla Ola, ||u_ >49, 1;! UNITED STATES GOVERNMENT
8, Memorandum7
TG -. The Director DATE: 3 1}! - 0 7
FROM = N. P. Callahan
SUBJECT The Congressional Record
0
4" .-r. I 4- M<>/ {¢//"-"~*7-'- W/L
. lB "1
1.3; Yw cqg I -in an AMOS-A1599 F28»-4'.n92nl! Q! '3'. N95; ii! ¢15:? it r - I-.1, .___- -- - new '_".":--- ~ mafi * ' gent!-0rwd hi. "mans comltgwuifr W la erunl that Fl"fl: out "C0IdtllI P-ll * u an Earl 'l" '-" tn!» **" "m h:.3 L.'a "- in,-Q an ml II ti: mtcadmr. "5 ¢c:il1° ' B ~* *""""""t *.!r¢as- iaoii -hi "" F untitled T "W1-Iat mm 9, 2081. ,= A1- t
ax
92
r" A
, t
92
92
92
_ 1' /92 I92 _c>-L = O!. NOT Rzcom:?5"
° F-TAR 31 res?
"--.
1%
In the original of o memorandum captioned and dated as above, the CongressionalRecord for 5 Q J1- 7 was rev cl d_ ,_, xewe an pertinent items weremarked for the Director attention. This form has been prepared in order thatpg'rtiqn§AcF»P?'<:1:>;5!/ 'oPfs§riqH"§a§'r92emorondum may be clipped, mounted, and placed tn, Erppr priate Bureau ca e- or u ject matter files.
V .
<
1
1
-.. 1-.
.. 92J
F1,-r
1 J. ._ .Q; .-__- Q
4-572 Flam 3'-l
umom~nouno.1nI Yl Ill IUOI IUI UHll GIN. Il- III, If
UNITED STATES L JERNMENTIOID-IO
Memorandum
T0 : The Director uxrr-1; - '
SUBJECTI The Congressional RecordV PROM = N.P.Ca11ahcm
.A--_---0-qr-V!
e»°7
9 mu I358!-l36'iQ> caqnuun mum, ll! om, musnug rwaldoeilsoualtho Sup;-gen Clv, h nhrohsuuhtu x
doc uaaofayuhin qllull the Baud oi RlgOlI Nth Ulbnat"; ll tho at!
or New York cue. his lnvqivld tin an You roman; ha in which mean
no nu nilmlltti at tho Coamuuat Pan! and In round Ina ma: position!
&Lr.I§Qd92Q1 .01 pagan 4.Q_ LL41-QLI4 1.13.4 1.--n.Q§.Q4j u¢-- JQQII4-Q lll 41. L4; Q.-;@QllQ-19"--* Q 921| mt;-$0 Iii. llvtom -" qq-lg. Q W.-w.
'-an amen aaturitn Ibo amen. at luplrllt , Cancun, - - - - ht the
utterance at any trouealbio or udmoal to or words. Tall nation In am
an-ac: lava by tan January ihsiiuan. " hr. ilhbrdlii ldlid ml! it U nodu-
stau».sa.!:;o can um dccunoa an B00: vrnmi rim anus. by lbll laminar rm: the
Cur. um Fury and its motor; oi heart ad noiuco. Ho wont on to auto
5 I' _'~-arm.-4|-rare: liubcosaasmao ll Flbraary 19 : '1'" cuwmgg pg-g;_ g_ g_ ;,_i%am, J. Edgar mover. Director at ta rm. and Inn ma an 92
wt ' bio oowlrmq the Ceremonial t'nrul,' ltntad Micro Ir Haul
;§;u£lJ 1 grave security than to our liaison. aofeli: Inna at no us"Pa '-Flilwr - - - but nun boaea oi I QPl"! 1£80£i--Iul orgunllttlon coon-aired and Gina:
mi in to ihrl our form at gnfcrmand. "' la n-quoted to an iidid in
In no ll-tlcla wr£_l!_u or the anon! oemsaudn: oi tin American Logan,
_ 1-I-nfs. nUtiaa_ 'I_:_nc ityrmszl Co-at and the Famborg no watch 92Ii=f>il?i=I Ii mi iinxeir Iii? iuao oi ha Aauxicu Lqaoa again. lg gm 92
lioiuéod tho dimming epicure: at Us ion: any-urn; Co-at Juuegg,
fr; --- - - ¢ F""'_ _I ..T '.._.| _r§ > . 1,_ .-92.a.:
11:0 LPY 17 1:57
q.||I|I92D'92¢|,-_p-....u- -pwurlllb
In the oriqinal of a memorandum cC1Di1'E>I"1F-d Ind dated G5 °b°"§' W-'_C° qess°"°lHecord for 7__ Ae;-Tb? was revrewed and p9Tt1IlEi'1I.1lETl'15 weremarked for the Director's otten ion. This form has been pfepred 1 Order that d
portions of a copy oi the oriqinal memorandum maY be ¢1iPPed~ m° med' and place
' 51.in j|pp[QpIiC1fe Euretlu case or subject matter les.
z In _ ; ~ .-_ 1- 15-". '0 . 11' P /bI
i
i
1
_ t u
. "%1-1113, 1 I bk
QPresident Jghnscn l
Washington» D.0. '
J! 7 Dear Sir:
I find the following opinions quite prevalent my friends:
WAR ON CRIME -
£0;Within tag United States this 1J 3ur most important problem.
Yet, the upreme Gcurt_is not willing to give the proper author-
ities the ools necessary to meet the situation. This is a re-
pulsive condition in the eyes or most of the public, I believe.
I continually hear stories or how the police are no longer willing
to do what the one time thought was right and, instead now "would
rather switch than fight? The public is not afraid of a Police
State as this could be rectified should we ever veer in that
direction. We are now more afraid of gangster rule than police
rule. As the gangsters continue to be more affluent, they can
readily take over the police, and thus become even stronger in
the Government.
We believe that wire tapping should be readily permitted by
st leas£_the Federal Government as they best see fit to combat
that which is wrong. Should it mean that some harmless private
conversations be overheard, we are willing to accept it as a
small price to pay for battle. This is now a way of lire. '
How_can the Supreme Court be made to understand the will or the
people and weigh this against the damage that is being done?
§_p__.<_m POWELL 1
The only we uld like to see him seated would be in aFederal ai Q9I
1 ? 92'-4,! {Lcc. Senator C.P.Caee K
92H A Williams
Congresswoman F.P.Duye
Senator H. Kennedy
Supreme Court JusticeF.B.I. Director J.E Hoover _- §vPQP@ h~ x ,
Ec4¥/22 077535-' ;35 92" * R _ - j -
_ g e J!ST U ,3 APR 18 9°7159APR2 7::-1967 e- -'" "A Y u Md _ CQRRESPOND 3
3.4
Q
" -.l_
"-.""'r- F»~
ul.:94 ;_1"J.1
_,-
~~ P
.--.r-vO01 _
0'
4-5'12 Rev. '1-is-Ear
:'.:":'::; ':::.~..,1."» '- 92-M ---»--
ll GIN. IIB, HQ_ IIW UNITED STATES GOVERNMENT
Memorandum
To = The Director mrrr-1; 6- 9 1? 7
FROM = N. P. Callahan
SUB-FECTI The Congressional Ftecord
0:».- Z-92¢:.92~/92Q £?U*"+
- I-ages $5670-85661. 1:-auto: Irvin, Q17! irt: Cu-win, alvlud tiA um inn Ilry thoughtful Italian!-tithe zupvm court. lit. J. rmsuui
Hum-ice, 0 Earth Carr.-mu uterus. an refuted em-ma nakauu at the
Court vise: are cunts; any Aam-lean d;'iIlIlll, puticntarzy the named
oi I-dlctil a an Julia. Hr. Bamttckl encore in tut nor.-as mun swuid
be darned to inure uni only ta: but quiinod poopio urn an ta Court raise:
than eonuaeuu tn: ptlli maimed waist: can ru:-tits in agspatdmau tor
poiiti-zat purposes and at torjudtic-.11 Qxemtueo. - - ~ - nu. Bastien: I811-.£=l
in axon-tam, and ma nuggegliou pmroeutvo; ll recommend it to the scant 1 tx with tin been that it rut giants thought and erutirl @1120; an Hit important
Nubian. Inc amen named Tao aurt in at forth an tau Record.
1...-u
T 92
.Q J
!| Upper Marlboro,
Hay 10, 1967
The Honorable % J. I|IIl'gE"J9 5'/if /1'¢°0V3-"K-
Director of Federal Bureau of Investigation,
Washington, D.C.
My dear Hr. Hoover:
A short time ago you neleased a letter concerning Horality,integrityHd., 20870
D-1.
$4"
74/' Mr. DoLoacl'|.
,, M . »hr___._
P k .!
Mr. r..--
Mr. Callahan.
Mr. Com-ad-_
Mr. FelL_.._.
Mr. GaIe....._.
Mr. Rosen.._._
Mr. Sullivan-
5 Mr. '1avel..._.
Mr. Trotter...
Tele. Room-..
Miss Holmes_
Milo Gandy....I Mr. Tu1son.._.
_-ii.-i--_
,,,,.__.,...____.___morder, crime and other disrespects of our great heritage which leaves us,
teetering on the very ledge of survival. I read your letter with
[breathless interest and I am takinr this none!-t.unj r.' La nersnna]'l1r J ' ' -' '- " ' ' '- _ * '*'"lJ "' 'r.r'--""""d " l"""""-1
thank and laud you for for your boldness in bringing to the people of
erica the facts that underlie the social problems with which we are
of experience.onfronted and with which you are very familiar behind your many years 92 /7g_g
I i
It is my earnest hope that more persons in upper positions would dare l
to openly express themselves with regard to the despicable crime in
which America finds itsself. You have done a great service for our
oountry in running down criminals but many of them thru legal tricks
are soon free again. .
O
I think, Hr. Hoover, the Supreme Court has proven to be the best
friend the criminal has and he is omnivorously feeding on the loose
decisions the other courts are forced to make in view of certain
rulings the higher make, many of which have a major question mark
b hind them as far as the publis is concerned.
No better phrase could ever be used than what you say about persecuting
officers of the law particularly then he is doing his duty, while the
criminal many times goes free. The criminal should be sent to jail 9292
where he belongs and the officers should be commended and told to go '
and round up more of the desperate kind.
your convenience write more letters of the kind.
'Tha_n_k'ip:r vgu gcain- I am_ " _' " '13 U " §"'_"-I _ i,Your letter was read in the Upper Marlboro, Hd., Gazette. Please
; Very truly yours,
he
0'/L/t
REI} T1
1929292L 9;I._"I!
llat
Retired
_ -53
.§:z~-
MAY M195?
92_92__ __, " J9292'-~![» r _
COP.
r-
n
'- r
E. I.-|,...
".1
I -.-t
.»;I
PEEa.
E k B l " W 11* Q uzcm-usvmne aw %
.".._"% II lz H "'5 £3
of ~> >4»P
~ _
' OL"f. L_ _ Q ..>
H_I5_.$, =
- _ . _ I11 _15 19$ A
C
'1 30870b __, ._Delrllr. Timmcnl: n
Iheve receivedyourietterdlley 10th '
and not to thank you tor yourthoughtiulneu in writing.
Itieeplcasuretoknoryouioundmyrcmarkatobeoiintereetaudlamgladtoknowyouehu-emy viewlonthe decline oi morality Ind the increasing incidence of crime
in our country. Your rapport is appreciated.
_ Sincerely yours,
H J Edgar 1
- Hmum 0 _ " owe
MAY 1 51967
P4COMM-FBI - l ~.¢
-
4-
I-
F-
NOTE: Correspondent is not identifiable in Bufiles.
5', 1
QQ cu: n mutt ' ~
$4 Y zgygg MG déw92 /{//wk 3/1,!
92-_/Law
S
L
.--'2....v.
-c
1*?K
F .92l ;
' 2
.hK/,9
/
5. _ -
Q ___~__IS|v:147:-at vex 10 III-IOO D I ' ' ' Mr. Tolaon_ oh out Ia. no. :1 . A
UNITED STATES GOVERNMENT :21 ?[°L°*°hr 0 .M§u#§E;____Memarandum p ii: 8;r.::.:;:_vii
Mr. Con rad. .-_-.I "P0 /92_ DIRECTOR, FBI DATE: 6/9/67 ML Fv1t---Mn Gn1e___i
Mr. Re-sen...__
Mr. .£u!1Ivan:_
FRO SAC , SPRINGFIELD 94-0! Mr. T.lVel......_.._.O Mr. '1'rot.l;er_.._
__ Teln. ilr:oml..__
wB.1E<='1"= PROPOSED supnmm courrr crmncss "- **-"-
ansmacn IE1: RT?"Miss Gandyi
i-.-....-_----------¢-
Enclosed for the Bureau is a clipping from theevening e tion of the "Illinois State Register" on*%/11/67» IOUtliD1UQ§§QpI¢p§_§OHTt changesmproposgd by JOHN P OGGE, t
a jggns e§f§;B§1, Al enclosed is a copy of the proposal A
by R0§GE for a U. S Appe11ate__ §_our_t__by Constitutional- Amendment. * H ' =3
This information is being inrnished the Bureau in
light of the fact that American Legion, Post 32, '_§pr§;ngfield,
Ill-, has endorse this proposal and is planninglitodaresentit for nationa agproval at an upcoming American-|LegionNationijl Conve tion.
9f NC-LOSUpZ? Bureau Enc -EZ!- Springfield 94-0!
.'6:;i 570. . .
J.
an ,4 ~ _
lD.M
L
92gp$Ar r
.5;.";..-:9
. {$-579 . 93$
§2JUN 1 919$?
92
1M . .
4;e
I» vw- F0-as'otRs»-.1-is-es! '
'08
4
aunt iippinq in 590:0 ioiowi_ *2 92 ' -
' _ Li J 92 '
i P _ _I I
AD.
._i._-__.........__ J -WAN»-
F$1' outo nEuEi/E 'ovEnwonkEo' suPREn|E§"couf:r. »
" a
I _ L I .. .'.vr 7:" r _ :1 gt-k~: 'T;
u. l
.1 "
plan to channel all appel-
responsibilities from the
. Supreme Court to a new
.... Appellate Court has been
dvanced by attorney John P.
gge, a former Illinoisan who
ow practices law in Texas.
Rogge outlined his plan to a
ublic forum Wednesday ni
rgsgntgd bu tho An-92n|-in = J nu. lllll92rll92|Eton Post :2.
I
At the present time the Su-
eme Court is "overworked,"
according to Rogge. In addition
to acting as a trial court for
cases involving states or domes
tic cases where foreign powers
are parties, the Supreme Court
is the nal appeal from the
wer courts
Under the plan as opos
pellate Court would be et
Iished and would act as thetltil court in appeal matters.
ogge said the unique feature
of the court would he the
manner of appointment of th e
justices and the length of their
terms. The Supreme Court jus-E K . 1.' - '_-_ ' Bcgge in &e_£errn a cotqgtutional amendment, the UJL
15-7Y T
i Byiatrick Cebu -IV"-*eIIt_ _ _ t.- I nu ot'TEstresort_T'm i "=wBhi=P1
th
lng the states in the circuit.
Each U.S. representative a to-
tal of 45! would have one vote
and the six U.S. senators would
share a like number of votes
r-nong themselves. _ V The Appellate gustices woub
rve a erm se y aw. aEey would be required to rent
at a certain age. Rogge has
I suggested a ve-year term and
iretirement at age T5. The court
Iuvould choose its own chi i.
I 'ustice.
roHo e _;s_al_g__that Lliecausel pua ion varies grea y amo '
e 10 circuits,a sliding sca
for the number oi appointments92t m the circuits would have to
beestabiished. -
The two smallest circuits
p oulcl appoint one justiceeac ;7lllwis...36ase Illinois Supreme Court! inchild of his and a few other at-
. . e ithe state which he rep- tlilgjd 1:: Olfiérbiaugn
re§tseian-tple iustices frorrdgtlogths. plan has sifted!e Seventh Circuit Illinois. I, - won support oi_a national trimana, and Wisconsin! W0!-1111 assoc:at|01L_l;iltl§=-8}'° P3 '1'
osen at a convention of all vaeran
em rs o ngress repres - "
9292:'l W1
JUN Q
i 7:-4ad--.- _~'.._ _.....__. I __. .
1 !ndlccrt0 page, natal of
ll newspaper, city and nan.!
Page # 13
L...f
~z
1-?92I._._
,4r
l
'"""ii'-ii!rI _ " . O Q . . ___* '-5-6 . s 9 ' '3 "21-. Q t, e'92~ ' ' ' . "'1! .
. .. _ , -. I v ~ '
,
' »-.._»"» I
! i . I :_~a92 zt-'-II . _. ' __ " I.WHEH.lA§wi:i the 1MB National Convention, The Amirican renewed
its demand for correcting the Supreme Court ih s well prep; d resolutionNo. 44 stating that the Supreme Court "has usurped the role 3,1120 Congress. Fthe Executive branch and the sovereingty oi the several state! '. . _. ", and W
| _ 1 _ _ . _ _ .Ix.WHEREAS it reso1ves That ii a constitutional amendment is deemed nec-esssry to reassert thuzsupremacy of Congress in legislative matters. then
ist such smendzment ti submitted to the ataiee for ratitic tlon, couched interms that cannot be misconstrued or ignored. '1' Bee pI.:Q 47 Summary of
Proeeedinp, 1088 National Convention !, and ' . . . K p 1_ . f. _ - _ _ - _ ,_/
- 92-_ . .. .,W!!l!t£Al ins harcfstking lI'ti.cle"'hl the "llsrch issue'o! A.n:erics.n- '-1+! t --~ ~ ~
Legion Magazine, styled "The Supreme Court and the Feinberg Law" -
Nstiona1Com':'nander John m. new-<pom:¢ ma-mini beln done by the
Supreme Cour-iii ié-Cent deciiion imocgioi out New fork: Feinberg ihw, -
which permitted firing a teacher in the public schools for beinj s. member 7 -
oi the Communist party; and Commander Davin pointing out that the SupremeCourt! nailing ". . . now stands as a licinae for the Comniunisis td step-uptheir ii!tyrlr' efforts to iniil te Amer can public education", urges ", . .that Cong '8 must do IOIBGKIIE about this or surrender to the Court itl
pdwers and duties tn pr0tect the country. A bipartilan effort of the beet
ligal and constitutional minds should devise new law without delay -- a Con-
stitutional amendment Lt need be. and C '
' * _»_. I. Z _ i. . _ , _ _ .WHEIELIS theattached proposal for an amendment to the Constitution of the
United tates would set up a 'U|i.it'ed States Appellate Court which, because 0! V-1-
its powers and the prouiaione for appointment, tenure and qualifications of its "
judges, We believe ivould improve the appellate process in the federal coura "and would correct many of me eomplinnu on the subject by Cotnmsnder nivu 3 =
"'*"- -£me1.'nntians="ileedere~, ~ ~1A~A= - ~ - K. _ ' ' r '*" . W" '-"- T V I ==~57_: W377 _____: _
HOW, THEREFORE, Be It Resolved by THE AMERICAN LEKHON, Poet 32,
Springeld. Illinois, in regular meeting, May 12, 1881 as followe:
1. We endorse the attached draft of the proposed U. S. Appellate Court
Ameniirient and recommend the American Legion support it ac the
"Commander John E. Davis Amendment".
2. We ask that this resolution and the proposed amendment be passed on to
our intermediate convention: and that they be acted on by our Department and '
'Nation.al_ conventions. P i _ - ~
J ,
3. On the concurrence of the Commander of 21st District we ash that copies
of this resolution and the attached draft oi the proposed amendment be sent
to the Departmeld oi California, New Mexico, Indiana and Ohio whose enolu-tiona along with Resolution No. 546 from the Department of Illinois wee com-
bined to make Resolution No. 44; and we ask that the Departments send them
p,jQg_P_o;_t o_r_ot}5;-lourzgo o.f_the L[e_p5rtment resolution and we invite cor-
renponce with such Posts andothersii.He*fEst'e'ci'TitF¬'i ]"ebTi6 th£t'l'"'eon"" -'"'"""---
oerted effort may be mi-=i¬_ to piiesentand support this or s similar proposal
to our National con1vention.92 »' " ' ' ' x "' I
__,/ . - -' Q
4. We ask that where this amendment is adopted, either at National or Depart-
ment level, that a special Legislative officer be appointed in the National. or
Departmint or Post or other subdivision in the American Legion to promote the
8:-opoeal for the respective urea, life serve under ?'_he regular Legislative - ...epreeentetit'9~.. a . . f, - : _ - ' ___,_e-
', *-.._H , _ ' - _ _ ..--ff4 C /kn -, /79% * r K - at ~--"/l 92 -
qutaox in ' 5, C _
151957 ' , _
_ '» -c
'1 -_
, I l I "3, I .
=; J@-J".1 =1.-_-" -,;_ _;;_';;___.; 335:1.» ---- -;- 92 _ - 92---=. n- - E
Ci.Ik
I
<
I
f
Lt-1?-to
. .. -.-- -
...- - 4.. _.-...»......._-.-- _ _-._. »._ _-- __ _ :_ _ _ '.-as-=rA._;-e__-__
.r_»' -.-;;e _ .- .' .
.,_-.-_-c.-so '~~ 2,.--_
new ~.-1 *_¢_ '
J=r-a.--;
. iii, _*.__ _ _ _rl_j.,m_ ____ E_
.,,_._
---- := .§
t .
.. . -..._.;....
/-l-' -1'. "1": " _$.l'. 4
92l ' '." ' ' D 0
' A Proposal for a United States Appellate Court
l BY Constitutional Amendment!
The general dissatisfaction with the U.S.Supreme Court's decisions in the
last 15 years has prompted many proposals in the Congress and elsewhere. looking
toward a remedy. Because the Supreme Court's decisions complained of have been
in cases which were appealed from the lower courts it has been suggested that the
remedy can be had by Congress taking from the Supreme Court it's power to bear
such aPP¢8ll. either in all cases or in casing involving specific issues. The Congress
' has taken 'such-action in the past and can do so again.-r- - However, abolishing the -
Supreme Court's appellate jurisdiction without vesting it elsewhere a conict would
soon develop-e in the decisions of the -lower courts even where based on similar facts
so that this remedy while settling one problem would create another. .
There have also been several proposals submitted to the Congress for amend-
ments to the Constitution each to care for some specific complaint against the
Supreme Court, some would reverse the prayer decisions, others would restore to
the States the power to re -apportion in the State and still others would free our
local law enforcement agencies from the obstructions confronting them in many
of the Supreme Courts decisions. To correct the problem by this approach would
. mean s flood of constitutional amendments now and with the prospect of others
to be required later as the Supreme Court's might require.
In stead of this piece rneal correction a constitutional amendment has been
proposed to set up a United States Appellate Court to hear all appeals which are
now being heard by the Supreme Court. A draft of the proposed amendment is here-
to attached. It is thought that the basic provisions in the proposal with reference
to qualifications of the members of the court. their tenure in office for years and_ _
not for life, compulsory retirement at a specitied age. the manner of their ap-
pointrnent, that these provisions would make reasonably certain a court dedicated
to constitutional government and with a proper respect for precedents. It could be
expected that such a court would avoid decisions which would require relief by
further constitutional amendments.
Our proposal would have the States name the members to the Court and for
that purpose they would he grouped as in the ten Circuits oi the United States
Courts of Appeals. These Circuits vary considerably in population and and as to
the membership in the Congress, Senators and Representatives. from the various
Circuits. This latter, the membership in the Congress, would seem to be a fair
measure of the relative sizes, population-wise. in the various Circuits and so it
has been used in the attached draft as a basis to determine the number ot judges
to be appointed from each Circuit. The States in each Circuit and their total
membership in the Congress. Senators and Representatives. are as iollowsz
First Circuit, Maine, Massachusetts, New Hampshire. Rhode Island. Z6 members;
Second Circuit, Connecticut, New foslt. v'ei-"mont, 54 members;
i LQ§}§Eil;£L_§§fAqersey, Pennsylvania. 49 members;Fourth Circuit. Maryland, North Cqarolittaii"Sc>uth_Ca 1$li_l§TV{i-ginia'aamh "' """ "_
West Virginia. 50 members ,
Fifth Circuit. Alabama, Florida. Georgia. Lousiana. Mississippi and
Texas. 78 members;
Sixth Circuit. Kentucky. Michigan, Ohio. Tennessee, 67 members;
Seventh Circuit, Illinois. Indiana. Wi5C0n3ln, 51 members;
Eighth Circuit. Arkansas, Iowa, Minneota. Missouri. Nebraska. North
Dakota. South Dakota. 50 members;
Ninth'Circuit. Arizona. Calilornia, Idaho. Montana. Nevada. Oregon,
Washington, Alaska. Hawaii, 78 members;
Tenth Circuit. Colorado. Kansas. New Mexico. Oklahoma. Utah, Wyoming,
32 members. $0.;
ehI
5*
----- -- n e---v-r>1n||¢wn'II92II-Ir!-0-1-A-n-".tus' ' ' ' "1 .. .r___ .;__:.L--ITS II'C§..l"§In-if '.'.sr'e-.~.s§?.I5-="?t'7.I;i'-8'8-il~.1le._ e s. - _ 5' s -an . In Q " s
1 _ - '
I
4
.
'92f»|--
---u-w-'- ._.;
in-~..
. .59"-in -.£_'.._"_.
=--_= -..
1 -.92_. .
'2'".-.._' ..L;
s _
1,-.
.4-9;-as -~= .-- -__ ~ 1 . _.. -K . ._. __
1..-..Po-as-4 vii-'i*- -ss
"1;
el-. 1S"'
$511 in . <1 _ .-"-"1.-.2» - -' =. :33-
» i?- _, s .-s - I1 ° ' 0
I ' ci :3 -
i The formula used in the draft proposal would give to each Circuit
i with Z0 members or less in the Congress, one appointment to the Court; and
for each Z5 additional members in the Congress above the basic Z0, the Cir-
cuit would be entitled to one more appointment on the Court; based on this
formula the First and Tenth Circuits would each be entitled to doe appointment
on the Court; the Second. Third. Fourth. Sixth. Seventh and Eighth Circuits,
would each be entitled to two appointments on the Court and the Fifth and Ninth
Circuits would each be entitled to three members on the Court. These figures
could possibly change with each decennial census; under the present congres-
J sional apportionment the Court would have twenty members.
; The States wlthirra Circuit in making any appointments to the Court »
would act through their delegations in the Congres, Senators and Representa-
tives, each acting ex. oificio and einercisirig his own discretion. When assembled
to make such appointments each Representative present would have one vote
and all ol the Senators present collectively would have as many votes as the
Representatives present and this total vote would be shared and voted by such
Senators equally and in fractions.
Appointments to the Court would be made iron". active members oi the
courts of last resort in civil cases oi the States within the Circuit provided
they have had at least five years service on that court, appointments .-would
be for five years and with eligibility for re -appointment. Retirement would
be compulsory at age 75 years with full salary for lite. Some oi these are
details which could be varied without mate rially changing the proposal.
It will be noticed that this arrieiiclrnent would leave with the Supreme Court
the powers vested in it by the Constitution they being powers not related to the
appellate jurisdiction; it will be noticed, too. that it does not take from the
Senate it's voice in the appointing process as would have been the case with
certain other proposals offered on this general subject.
The proposal advanced here is oi very recent origin. - within the present
year. It has not yet been widely circulated. It has had some organized support
and has not been rejected where -ever submitted lor formal approval.
It's sponsors consider it has merit to Warrant the attention and the support of
the Congress. FOI."ll'l8l purpose it ought to be presented there by joint resolu-
tion so that early hearings can be had. __With that in mind. suggestions on
the proposal and on developing support for it will be appreciated.
John P. Rogge, -
4097 Bellaire Blvd. .
Houston, Texas T7025
t' '1 " ' *"v1I- c =1-s-. ~~' - .' ' ' - - ~~ -.7. =1. ee. 4r-¢-2-_ .; --A? ._ as' ' 1 " 7 *' - 1 '7#>I-'l"""._I.'m> ----=-=;e;_ __-s|r0~£
' " '*--' '"*"-1-1/1r~'>--'I--A-1-P--5 ; _ .._A.. _ __,__ _;__:_-_ _ _*__§__-;";.-'-",3!
»
F
F.
I
i
|
E
- 1
51
is
.-I
.-..... ._-_,<4-"---' - ':-Q.-.-~-' - - -....,...:~....-92....._
UB1__. , 4I ,_.-*1. _=+~- 4,;
Q;.,, .
.
- .~.»';-K-J I
-,¢¢1.;_,__ ';-':"-ii"-§r:. -41 .::§.;, .:
3',-', _ - - -_g:=_ - ,._. '
92
R ' ix.- - i
!* A £1
'5 _ -E-ii ?
A
» . -.1 . o_-_-'-'-' --r~~.~ so - " .-, _-,.->2 .. - -A K
.3 _ _ y .14¢. _ .7 J. ~*'_-g e--" _. 5.0. -*-S ~ --it >i:»e'.!,"...'?:-
, _- ; : ~_' HE _._l_ - -_ ._
_._ . _- .;l_,,4. - .- _ -I?-§'¥_:.?+->"-"5
6
9
10
1'1
1
12
Ya
14
i5
. is
17
15
19
Z0
21
. 23,s, I s _ e- ' Q . s s; ' - ' re. " '' *3 U ' *'
A PROPOSAL FOR A UNITED STATES APPELLATE COURT
BY CONSTITUTIONAL AMENUMJ:.;Nl'
1. There is hereby established the United States Appellate Court and it shall have
exclusive appellate jurisdiction over all of the courts which have been. and which may
be, established by the Congress and m all matters coming up from the Stats courts.
Such appellate jurisdiction shall extend to both law and tact and to all cases to which
the judicial power of the United States extends or shall hereafter extend: except that
the powers oi the Supreme Court in those cases in which it has original jurisdiction
under Article III of the Constitution as amended by Articlte of the amendments to
the Constitution shall not be impaired by this amendment.
Z. The States shall appoint the members of the Court and for that purpose they shall
be grouped as in the Circuits of the United States Courts of Appeals as constituted at the
time of suhmis sion of this amendment for ratification. They shall make such appoint-
ments through their members in the Congress acting ex officio as delegates and each
exercising his own discretion. In s. delegation convened to make such appointments each
Representative present shall have one vote and the Senators present shsll collectively
have s total vote equal that of all such Representatives and shall have equal allotments
of such total votes in units and fractions. Appointment shall be by majority vote.
In case ot a tie vote that voting delegate witnithe longest total service in the Congress,
as among the delegates voting, shall have one more vote to break the tie.
3. The States in each Circuit shall collectively be entitled to appoint one member to
t.he Court and for each 25 members in the Congress to which the States in each Circuit
shall collectively be entitled , over and abgve the bggig Z9 yggggfgbgggi gggh ggggh Stgggg
shall collectively he entitled to appoini one more member to the Court.
23
24
Z5
26
Z1
28
' 29
Q s92
I
t. -~ - - _ _ -,4--1-.1 l-...,...v;._,_." __,__ ___k_, ';;;.,_, ";_'..'._ ,.1.,,l '__,,'_-_',,-;;';;:_4Bi'_._£-J. 7; 7 7' 7 ' tfl -' C *"' ""' " 1* -- --*"'*-'--I- '-=:'=92_2-her" '-=-- LAse- §.;s' - -v- --~;
4. Upon this amendment becoming effective the appointing delegates shall convene
at the seat of the government and in their respective delegations and shall malts ap-
pointments to the Court. Delegations from the First and Ninth Circuits shall make
appointments for one year; those from the Second and Sixth Circuits, for two years;
those from the Third and Eighth Circuits, for three years; those from the Fourth and
Seventh '1-cuits. for four years and those from the Fifth and Tenth Circuits, as well
-eY~°"
-51
.1" xv
Fll
.-
V
;.
92
ll
1L-.§..,
--- -_.92-1-Kl- *-,5
~- - .--.a..
-rid .57 .. _..Q§r_-I-_ 4- .-1,4__...,. , _ ,,
1|!-.1,-_{ -.. -=~_- - :
.;"r'
74¢-,_ »~-1.;-are." ,_q_ i
';;.:';- t ' ' _
i
ewr .
| .
92
i
L
i .V-/92
3l
33
33
=4
I-/=3536
38
39
{O
it
42
"'43
-G4
45
6.
47
48
49
50
51
52
53
54__.. ,0 s i e P
-s I." I sn_:_ I I I I - Q l92~
" ' J 92.~1
s ' ~
._
as all lp§Olnti.Il| delegations acting thereaiter. shall make appointments {or five years;
except that appointments to vacancies occurring other than by expiration oi a term shall
be for the remainder of the term. ' '°'
5. Appointment; shall be made f1'I.l'l"l. active members of the State courts of last re-
sort in civil cases of the States in the respective Circuit who shall be under T5 years
of age and who shall have had not less than 5 years of service on such State Court.
-=-I---ure shall be subject to good behavior and retirement shall be compulsory at 75 years
oi age with full salary for life. Congress shall {ix the compensation for members of the
Court which shall not be less than that of the Justices oi the United States Courts oi Ap-
peals. Members shall be eligible for re-appointment at the expiration of each term.
6. Upon this amendment becoming eiiective the delegations having made lppoint__-
rnents to the Court shall forthwith certify the same to the President of the Senate and to
the Speaker of the House and the appointees so certified shall present themselves at the
seat of the government on the 30th day after such effective date and having qualified on
oath or affirmation shall at once take oiiice as Justices of the Court: they shall choose
one of their number as Chief Justice and the Court shall then enter upon its dutiee.
Other appointees, upon such certification and qualification, shall be entitleli_totll'cTi"-' "
seats on the Court.
7. Appointment to Chief Justice shall be for a term of five years or until expiration
of the appointse's term on the Court ii it occurs first. The Chief Justice shall be ell-
gible for re-appointment at the expirationof each term.
B. A vacant seat on the court cull be iillerl by the Etates which appointed the next
preceding incumbent in the seat so vacated. For that purpose the appointing delegation
shall convene st the seat oi government if Congress is in session; otherwise they shall
, ' _
convene at the Capitol oi the most populous State in the respective Circuit $5 . _?' "__,.4-_- l_{,____J_ i__ i_ _ _ '56 9. To the extent cl any coni¬f1Qie dghis msadben
57
58
$9
60
61
62provisions in the Constitution of the United States and earlier amendments thereto.
this amendment shall control. - "
l0. This Article shall be inoperative unless it shall have been rstiiisd as an amend-
ment to the Constitution by the Legislatures of three-fourths of the several States
Within seven years from the date of its submission to the States by the Congress.
ll. This amendment shall take effect thirty days after its. ratification.
~-- -- -- m-4...-_....--w-. --~ an ----s.*1-.5-p|§ft.r'__-J3-._.?_ -
92
.l
4-572 Rev. 1-in-53!ovliomn mm no. t we-no 3um nu: mnouon on-. no. no. n
UNITED STATES GOVERNMENT
Memorandum
_ . To I The Director DATE, 6 J 1 Q- L I
1-
-4».,92.,
'5'.-
Y-it
-Ii
1
if--.
92
092i 'FROM 1 N. P. Callahan
5-B15-C1 The Congressional Record
92
"t M
92s
O
§-0-1
o1
--c
.-
Pagu BHQQ--ii!t5l. Conga-namu Patna, I?! nuuu,
spate concerning at naananmo Court nan» upholding the lalulctien at
the Birmingham, Mat:-man, city mart ngatnlt éomnllntiou on Gout ii:-tiny
nail Easter Sunday in $903 panting at hall ll to voteuna all ueaodtngiy
timlty and any nit boeor.-an the than Cu-ta tar ratortg pile! to Aa».u1u.'a
In-all and ltdowzltl. in Illltl rm Hutton tn ed up with luvtuneou; Id
29 with individuals--roglrélou oi race--who nu at take their p-anneal
to ttu can-tn, when til; below. in an teat to Ilia ln-alto! npli-lime: who
uituaty ha:-uguo about that right: whatnot they bl clad ta tbs robu at halt;
pvorndvocals, tblikltllblitlhilllliu lllliill, Otlllbrvrnlblttluilhc
Amnnmallou Pu-ty. - - - -lhneoeourtarwauthnltuln. lath tlghtoltu
uptimi Court decision to onions than who would his tho 1-at Ida than we and
anemia hwtdliilmllaolllmgallilhlyletthllqhletihl. 'ruauturom92o92
tutoring plat ta our I-lcpabnc.
in the origin!/l oi a memorandum captioned and dated as above, the Conqressionalgz .775!:Heggrd £9; gr /3 L6 was reviewed and oertinent items were ' _ 1---- ..__. ___ ________
marked for the Director's attention. This form has been prepared in order that NOT - i
portions of a copy of the original memorandum may be clipped, mounted, and platwt JUYQ fit? '.' 7
ate Puror subject matter files. "WW"
1 5
J A
.»_.
;-_;,_,___
._,;._
- if' .-as; -92:
i-;:;.;$-,'-, l. iv Q
-J:
- I.4-572 Fl v. T-I8-92..._::':=:'::: " J J !
GI! UIII. IQQ. HO II
UNITED STATES GOVERNMENT
Memorandum /l./- 1, / 1 //W /To 1 Th Dil'ECtOI' DATE: "
t-0' I N. P. Callahan
I/QUBJECT The Congressional Record
in
. I-ages B7193;-Emil. Coup-sauna C A.' consuming tho usurpation oi legislative your by tn "II-I COIIL i
r 1* Ml '1 Lticll I §:I'18E§ ..a1 A4nyroqu_-sguattoruy pnplrel '
Q! tee Heeegt at Jagcial Ruler by the :2-gun: Cart. ' This uzcllalt
banana ta 1 nciinlnrly at aetannd prw-amino tutti; to prawn that the
L1-mans at mi tnnutetiu dd not contemplate the eatnilszhsaeut at a indium-1
having the pawn: to hvalmuc, I; declaring ncauutuuoul, duly all-¢lcl_U Ian paued by the U. ii. agrees. Mr. Cunningham tuchded the tax! at
Ga-an-eat with his remarks. ,
{,1 -Q7s'Pg"_.
Hun HFPGQRD
-V '7_ '"-___
In the original of o memorandum captioned and dated as above, the Congressional
Record for was reviewed and pertinent items were[ marked to th tor's attention. This form has been prepared in order thatstjpoltldrl-e the original memorandum may be clipped, mounted, and placed
. in appropriate Euredu case or subject matter tiles.i
<
92
92
'92
_'5}"¬iif
- .-r_.; . .-f
' ~.._1 ...2! Q _.,
-1-
-|
';1§1'.7§"
_ K. 1
'_r'~t. -:-.'., . ¢¢-~,- -»_
....r*
-HI
II" ' 92
1|-572 Ftav. 7-I3-63! 1.0 -"
ONION-9292 I In . I0 92 '|¢-mg::: .'.::f ., 92»' " J
UNITED STATES GOVERNMENT
1>4 M Memorandum
To > The Director DA-pg, é - 2 X~ 6 7
FROM = N. P. Callahan
5~'B.]1*lT1 The Congressional Record
Page lo . congressman Don, D! Earth Carolina, spot: ---..'..
4:0 ' I bill he int:-other-A '.='.R. 11.1"} prevail; qualication tar nppoiauudI UIA llignnri Inn flail Ill lip H-Ila EIQIAQ In lldln 4| Highs hlq Lani QnnIt v-I via Allllw 92 7:2 we Q-0 upyiril u"1_QI§. int Iiljlv IIIIJU ii CIQIQ I|w92.§
Irgltin: ctillcinm Oi the LLB. Eapnle C0111 il Iiu nus. - - - - The
1 out is advoutto; an uonmz. In pliuul ptuionpay Illcl threaten: u
iouenita upon watch our Ann-nu lnwocncy bu {Marian-4 and grain. Law
omen amen! ofsials lirlughout the Pint-t an hlapersl in their duly In Quota
the in! and protect paetui lav abiding CH-iIGII§} recent dcoln. T00 mach
emphasis it being placed ill the except that the criminal nu! be natal:-:1
roe: tick.-:11 rather than protvctil; society item tree .rininl.a. - - ~ - The
tissie is t=.-.-.5 aw!-iIl;.e '9: *;'es.;=,2e-:~.s ts take 9.-eeitire s-Atee. §£l!;!'§£§ 2!! ea-e. tee
require qeliiiicltiola £9! appointment I0 the biprnnc illlrl. " A can If Uni
hall will be: obtained.
_:?-.-._¢ _____
-l.92.'-Y i"< _ ',-o,
1,; . _
In the original of a memorandum captioned and dated as above, the Congressional
Record for C; ".517 - C 7 was reviewed and pertinent items were
marked for the Directos attention. This form has been prepared in order that
portions of a copy o he original memorandum may be clipped, mounted, and placedin ppt0p!Ti.Gle¢ u case or subject matter tiles.
H.. -, .. a .llll lg0
2!
.1I
92
or
£92'
92
1
92s
Q
--1
-<
Q" _.1.
2;"+1iv1;
.-__. ,f._,_
: .1
:-
r
_ 14-5'12 Rev. 7-IB-53; f -D"lONl92 POI-ll NO. IQ _ lll-92Ul !::: .;::f :::;.'".':,. .. 5 ~
UNITED STATES GOVERNMENT
Memorandum A
T0 I The Director DATE: 7
FROM I N. P. Callohan
Y-UBJECT1 The Congressional Record
. l.-'
I ,4.-' at .!:/1, =' *_
_ _ Page H75:.-2. Co11gi'sssins.n Erleniiorn, E1! Illinois, introducedbill lQ92!,i___1},_ _1._1Q={_{f! _to a.ros:'.--ii title 28,_ United Fjtntcs Code, -to provide that the
--;uc-songs Court may not in any case hold any provision oi l.192*.' invalid under the
d'n:,titu ion of the United f.'t:~.tes unless at least six Justices oi the Court concur:
in thzai holding. 1-1: stated "Cthei~s have introouced coxistitutioiial 3.I11'3I1L'11'£1ODt-S
to effect this clisrige. After coiisiilting; '~=.:ii.h eminent l.egisl:1tivo authority,
hov.-"ever, I dezricleci that the intention could be carried out by an act of Congress
A copy of this hilt will be obtained. ' - -
1
_ //7-/7 _ - ¢O
r'*-~ *<92_leis: 's@i=;4;EL,,;._;' ,< "1 11'.
§f>°
__.,__ u I _' c-.|-- _-.J,C..-
I
E 4
.. J-
5793;;
.~ -1".¢" '4-572 Flev. 7-I8-63! ,
Omen-u Iona no. lo ,¢|¢_| *l' |.I IQIHDHan Mn. no. no, 1; »'
UNITED STATES GOVERNMENT
Memorandum
To I The Director DATE: 7 ¢ 16 I & 7
FROM I N. P. Callahan
SUB-JECT= The Congressional Flecord
4'I921'1 '
|
I
IPagan arms-awsi. Gong:-oumu Ansbrau, R! Ohio,advised that the vary ab%Jaz-on J. lliyntnct in coma up with 1 mush:
or we recon: arm as cu * -zsagrimi Cvw **i_ iiliéh iifi 8-III" * i ii inc eiiiou open a 4
IOrillpl¢1lllIdpI'0VtdOlll|=§1IplOl ulevallotlurcoctnuiltwmpiit minority and mags:-1:; news. Ir. Kiipltrickw artiste
=..ti!.1.e-3 ,,.....-sis sg sates e.ppe_l.:.~Q Q t_u_- -hi; Q5, l§5'l= ill!!! Ii
Niant'Ei'v_soi*§Hl'§'ierth in ta i-hard. no Gina:-Ont! on um
2.. '1'. Qaborn, In-., v. U. S. mottnQi=to1iacun!udU. 6. I. 81.1;
Jen 1- no cues sultan raioroacu to ta FBI.
I
E;/' s
92
»~ . -',92.-ti |- .1
i
J 1/ ~
DED37 AU ;EC;E:9BT
__-___-___..---.---' 92
92
In the oriqinol of a memorandum captioned and dated as above, the CongressionalRecord {or '7_,..- .1; " was reviewed and pertinent items were!'Y92I']{c|r'I {Ar the nlrntnr c r1H|:>nhnA/ Tl-1|: nrrn hr-u: I-.n.:>n nronnrnri in nrrtnr fhnl...92...nt.92.. .v¢ um. u 92..92.,tur ..> u92L92,||92.a92.ll|| 1 tr...» lwllil ll92.A92J u92.-92-n yr~.y~...92... Lll 92¢!LLl92-I ....92..92£g@py oriqina1 memorandummaybe clipped,mounted,and placed
4-5'12 Rev. 7-18-63!
TO
a
4 FROM
SL-'B_jECT;
_ ' " _
. ~ 3
~ -1 .~ ---. ¢..-..-~.._-;..--.-.1 .'92".__,.";1LTJ.§.5 " ' 3.1
- I" - I"-"]':.: H ':§" *2"I-4 :'QU 92IQYIQ
nit '-*2 'no -$4..
3,1 i.- _.,-.-- - -iv 4 5-0,-4
-.-n.- -4.92- -._'l.'--..92~v v~lJi Q--I 92 ' V1 . , 92-, -. I . _ __.92 J mg. -.._ ,- Pr, _- ... ,3-; 92|T " |'I92-u. 1,1,,-92...=_,,
- F-~iv----nu
Q Q e -5I N. P. Callahan
The Congressional RecordOrhluu ugh; no. pq "|°_|°.an nu romanon GIN no. MG. n
UNITED STATES GOVLRNMENT
A4knunand%n2
92 .
F-.':.;=;:e
" "' ,1e......._- . " QE. L..."-S 1- " I1
*5:-e -.-92§iU
rei-was to ai-
;~'j..~_§ M; ".vn-a¢'-Q {E L31
- 2.1;: 1-1:, ,. ,,...e...x.-.§u-4 iiunk-¢'..so,.'_-'3
j,-.JL3;..--.Z ii. LC'l'..'..'§' Y~'»....>'-' C ... 1..-..
1-';?_ _-
"3:
iiCongrc' crease i 2.:.e. '
rat Fae -
C1339
92
!
2 The Director 7
gt4-572 Flew. 7-18 63;
QFTIDN-9292 Iln HO, IQ |°_|°luv no IDIIIOMon em no. no. Ir -, .UNITED STATES ooximnmsmr
Memorandum
T0 1 The Director DATE: f-jjlé 7
FROM 1 N. P. Callahan
SUBJECT: The Congressional Record
, .
OSZJPYEHTE @0uY#
0 swear. Cengroaann Aunhz-au;:,i K! auto, pointed out Ilthlt roccatiy ta q~Q_I_Ql'Q|1:j__OI Cain! Justice! mi! iliaglilu Ittlz lF=' ¢ i.;' 1|-am 45 emu nu _. Ah was to be expected. lily wen an mucn eeaelrnod;
mm. tea rising or-mo and tea recent unis at not: tannghw!Un;tn<-.1 ialltil. The cine! justices oi we menu State courts ll thepll8I¬ a rosetetia an Hill tuna 0! IFJCBI tun U. _8. rm;-rem: Court IBUIP0 notion. Tn: ruowma utitzod Rtlini Crime and use Cam-to--Sula J%:1¢ 712.0 I and In publlht tlthl A::.g=:ll Ii Illa! OI U. in 930*" l
ortd Rtp. Hr. Mhbraox tanned till item to mo Rewri-
/:3
°r° 44 ~ 0/2 2//,/- Q3 5
iuo'F's;e,o ;;;;
=. 9 ?
:p ,1
ln the original ol a memorandum captioned and dated as above, the Congressional
Record ior /l was reviewed and pertinent items were
marked for the Director's attention. This form has been prepared in order that
portions of a copy of the original memorandum may be clipped, mounted, and placedagprppjiate Pureau coaejor! subject matter tiles.§ w L. 6 Q '92
S
tr
1
cwnmut llu no. lb MW-I00:14? nu wmouan cm. um. 010- 2: U ! Toison -___UNITED srxrss coy i:.RNMENT ,E§§,° °
/l{jvr§hu;Cusp:Cal h Memorandum»» <1»[TO Mr. sights bl, we September 1. 92:T:'::%
s V» > $::::.:.__
'|l.H ._hq 4, , _ MQ I I P J.].l_92J - V Or , O aw-eru 1, _l97_
SUBJECT THE CONGRESSIONAL asconoAUGUST so, 1967 / ___ /- /-- __! -9 J45 -1 6* 1'
:'-
,- '
Reference is made to Mr. Callahan"s memorandum to
the Director dated 8-31-6'7 attached! wherein Senator Ervin Democrat -F "arolina! referred to a "Reader's Digest" article by Eugene I-I' ll ' '6 h¬ Supreme Court Really Supreme P In quoting from the
article Senator Eririn points out that, according to FBI statistics, since
the 1966 ruling the rate of police solutions of reported crimes has dropped
by almost 10 percent. The Director inquired, "Is thiscorrect? H."
The Congressional Record is___inac,cur_ate_ as to the year,
e article in "Reader's Digest" by Eugene Methvin, who is friendly to ,.
e Bureau, states that the solution rate has dropped almost 10 percent __-'/'
nce 1961, the year of the Mapp versus Ohio decision which required I
local law eni ment to follow Federal procedure There is enclosed ~ ,1 ., I la copy of ao Mr. Wick memorandum dated 3-16- 67 captionef/7O I ',"Attorney Gener s estimony, House Judiciary Committee, March 16,
;196'?, " which sets forth the figures to which Methvin had reference in
his article. It is noted this memorandum reflects a total drop oi 9. 2
percent since 1961. Marked copy of "Reader's Digest" attached;-
ISPECIIIC quotation on page 82. _ _
ACTION:
'92 __ ___ __ ___ _. _'-w¢{_
Enclosures
/-J_ »to 625 :£:.f:;.:,1.- T For informatioa 3°
-Mr. Mohr . " * '
- Mr. Callahan b " _
/1U. ___-'
A-;, Kéol "
nor RF"-ORDE
1q1 QPT 1 It 1951
.5-an
'1:'--h-.:'§'.7:.T.:".-= 1-"-'§!:...an/1"! e_ Mr. DeLoach -' - 92 A4
- Mr. Bishop = b, ,1; '~%7-l..""
er : __ ______ _ r__'-....4
_:
- 1
,_l
-1:-= ._... _ 92u,
4-572 Rev. 7-IB-6;:
0ITlOIu|_ lbla N0. I0 v MIOlDlm nu 1:3 guano. 1r 3
UNITED STATES cove.-mMENT l.
Memorandum
T0 1 The Director DATE:
»;/
.- FROM I N. P. Callahan
5UB.]ECT= The Congressional Record
E K. . ' ' *_ ' Pages $12475-812549. The Senate debited and conltrmg-§92he
"'=~~°" °fTh921=eeod Marshall t beCourt. 'Senator'Ervin, D! North ?am1;TaAss°-fule Justice of the Supreme_m_,m,muon_ He requested to have printed }ns§:>;ceR::o£ipos1tion to thisereveaiing that Supreme Court J ti ' °. Several docume tsR V _ us es, Judges of Federal courts inferiozgrto
L 92tl Supre-we Couvf; ,9. t "0 .. . ..-92 -- .durinv regent yea 1-L. am;~§1?§§?S, hm Journalists have charged thatdecisions incalilyxgwtible %iLh ii: __if~"+-.;-1B_%._922_-'11__"=»_!__F _;_<_;_;;;-fa has repeatedly renderedTmq Imte ML r~;~L:_ t r Ire L15-;,UL-e 3hQt:1C history of the Constitution,D l~ . tn- C9:;1..11l'3E92-1 an :.I't1Cl&? :.I'OlU the Jul; 1937 issue of the 3.366..-s,l C1- '3 1 ' r- $ '0 -, _, Ix 5 7 U Eilegit B_F_:1ii_¬dt92l~<='92theTSepren;e u,-art la;-ally Supreme ? " written by' ~-i .0 '" 92 .Le .1Vr-. "5 _ P510. .-. -':." M1 .- _the c@u-;T~$j921Mi1r-- r-:3: ~21<r§i.'i" "t§ "92 d.:° ? 1- . °~ "~ $ °"1°*¢ °@ *1-*1cri pa i-I-_~::3 rid: tr. o;Ji:t1r!I! or c_rr;1nnal_3ust_1ce has grievously _ 7Pg e ea GIruJICI:1l1¬'.'u92... Fri stat;-3'-tics show that; since the 1566 ruling}~ r
:d by '*1n"_-O="t"- Pm ' .r -' ' - . 1. rr *- -~ on 92-IC'3.r... 3»-rr. Lrvin 31.30- ' Z 6 I92-92 ' -- ' I ' Jnryurieo sevem. ccr.rt d&CI..i_OIL> and verrws other articles and editorialsf with his renmrks. - . _1- 1
the rate at which oi 7 e ' -- - - t ,..,___e,-_e.*__§3o_~?_392-1"?-' 901-a_l1" 192.:"31'i£:d ,'c1'11;'-e=*.--3 1-ate -1- I $ m steady f0r.3e:;re, ha?-.3 drom"-* L r * ~> which had hei -
/#~ .!_ » far.
-492.,_____'_ 4] ; .3},92 ' ' d //H" 7"
§92 92/RH:-M /e - -61 1 J7-"I £4»/~
K -1:.-"_?. ,' 92lJ;.»3 W1. I1. J ." l 92}_'92 L3; 92.. .:{1LP1U*-J-|'
In the original of a memorandum captioned and dated as above. the C0f1qT955i0Y1Q1Record for was reviewed and pertinent items weremarked lot the Director's attention. Thrs form has been P1'eDGred in Qrder that dmol 1T1emO1andum may be cl1DDed. mOl-lmed. and Place¬][$1g:r¬ra1eClF$r3e¬192u9<Z:ic >Jr sublect matter tiles.,_i._1__-_.i--._i-;-
.,-;_ H
J':'
,.
<-W
. ~,~ :2
92§a IQ."
:3:-._._
:-
sYO
FROM
SL'_B_]EC'1
-
1'
I8
'92
1
Tw-
,i92
Fl-E:
-vm
i..92..QIHONAL IOIM NQ_ IOuqf ion 'Dll'|Or4Gil Qln IEG HO. I7
UNITED STA1.$OI1§l
"~ 9 ~
;,,,92/ERI92'MENT -
[14 er/zomndum '
' ihe Director- DATE: ," -
I N. P. C.:1lc.I".cr.-._ I -,_
; The Congressional Record
P C F5663}. "I " "
:*="a;"din_:_>; the d
any en oer
C:i;;":>¬3 zacl 1|.
so '£'_""lI'1_;' to our
ease "The
. C.-ClElIGc:» at
.-g,"t.::".s; t'.".e Gov
sir. _3e..;:et;. G-7-.92.i
;"eg2_;dir.-3 what
es";a'3lisI'.;:1ents
join :.-ie it. clraface i.i . Conbressm Bennett, D! rlorida, spoke
ea a v i ~ i unreme Court in the case of the
T.ir.i;ed States against Robel. He stated "I was dismayed to hear that the Court
has declared an ir;iportant section of the Subversive Activities Control Act
t:;2:o;".stit;;tional. The Court now tells us that we cannot make it unlawful for
* - _ of ' i .- ' .
cl ' a.." ' "~1"y. . 1 A ' _ .
_ . U . y i . . _ , , . . _
J ..- .1 - -.~_;L C .,,1. -4. J. I 1' ___- . _ - L w
=1 - ~ tn» j . c n 1 .. ' '
'_ I - , :. _ - 4,1 -v :1; - L 1 g _
tiecis"on handed down by th
a Communist 0rgar-zation to engage in any employment in any
The Court fee s ts... we have violated freedom of assoc ation b
b sabcnage and snyir: in oar deiense facilities " He went on
ouii admits the o.i;ec.ives of the Communists are lllJ.2?.VfL11 u
ust be ause o e be-cogs to an organization which consoires
c-I'il'Il¬"1t of ine UH te Sta*es does not mean that ..t. agi ees with
its :;;.1:~.v.rj;i aims. This is what the Court says is by association. I disag
' " """ "vised that he has beer. in contact with the Department 0: Defense
needs to be done to provide adequate protection for defense
in view of this decision. He stated "I hope my colleagues will
ng and passing legislation by the early part of next year to
51;". ;':.e vacuum left by this decision. I will shortly have a bill in this area
'.:. w:.;cn I would welcome cosponsors in the House. "
,1
"e of ;'C- OI C FT-9
92'w92_
_,-.' ; - 7'»ixc.4-"" ,;. 2/. /7; '
"" ""'nDHOT RE¢°P H, __.199 otc 22 1%? -of
-»' 1
. _ ____,,-..=.~. was ,|_' J ._
-to-c".d".;r".. captioned and ccted cs above, the Cori<;reSSiC¢l
- I ;-evieweci and perti:.er.i items were .
F92?<='@rs cztention. This for: nos seen prepared in order that' ' N Priqinol memorandum rnoy be cliD§>ed. F-'-0'4-"-tedr mu placedJ _."u:eme or subject mutter files.d--
[I
I
:2'_ -.
.
_ .*1 ; uh!
TRUE COPY bu?!
K/'1 I ,3/ W
From the desk of _
12 -12 -67
Dear Mr Hoover
I am thankful for God fearing men like you. I know
how busy you are, but can you give me an opinion on an editorial
like this.
The best in the world to you, and may God bless you
/s/ ' 57¢
r
1._, gr.
._t,.4-...._ mi.
,» b ff -7, I
r
i
92'
C Eu? R 3*! K3 ;:7§Ai~.~- / r92'|_{§ E0
92/ """""""""'--'--.:.
9 DEC5,6 /Q 201961
" " _-_ Ill---/g_,L7 _ .
J369% ' I-1 _' y¬;$ __}w.9.§»u.B»§ QTTACHEJpi
....
135%:
' ,-:
. 4-ea._ M;
§ :*1?-iI"f*
-
..,:_,__.
_ 1'?-" ";I_
' ;<$. """
~: ._,. ,5' 0
iiigt-11-l
?un¢d¢da£o{
'T_.I 92,
MVGLENDALE
0 <4 ?/4,
_ - I---z, /,2 - /=2 -052 7}¢/ /4 /==%- ?
"_jZ,...¢/
,2 ./1 /"2;@M 4,y 7 M w / 4,34 5/ !9 7
,4z,@f»>z@ /// Mm; , -Q-*' <* "=744,, I //ék
5!;5Mr. 'I'ol|o1|._
Mr. Deboach
Mr. ...._
Mr
M . ...
Mr. allaha
Mr. Conrld,
Mr. Felt..._
Mr. Gale...___
Mr. R.osen..._
Mr. Sullivln.
Mr. 'I'aveL_..
Mr. Trotter...
Tale. Roo1i|_
Mm: l-I-ulmea.
Miss Gnndy...
'>_/F-47
57¢ QM/ /LL
7:
i ;
'_ii?
Q
.
..., ,_ _.
1 4:7?up i
iI'iEi¢..~i"
.£
-V-
J
-1nu?powers will disappear. »
And in the interim, the law-abiding, God-
the growth of our nation may have to look
for a bomb shelter to find the safety under
law he has earned.
There are no words in the Constitution '
giving the Supreme Court the right to over-
rule Congress or the administration. Article
III, however, does give Congress the right to
regulate the Supreme Court. It is a Congres-
sional power that should be exercised vigor-" o 3 n
t "'-"'1'" ,' 1 r-"" "' ' H": lwE..,_,' '" ArBclo"lVdnCon|tuon5:lI=I" p1'eme.CoT1Tl92 ~e,.....s~.*;..:-..e*i*-~=~»a.."a-==..':=~...."'
. J " I w '-r= ".~~___In California the Legllllturt wasi Out of Bounds ~ ~ mewrsmwemv~ » -W S" esssmzrisstsF 1ll lA¢l:5S10 disse:it to' a :1 between the bicentmnial
{Hit}- ;f D!'a¢_°1'l: hgvg overruled C&]:llO'l'in8'tan and without precedent in the Constitu- i gun. on housing amendment, They luv;
. ; ' ' 11 stipulated how the medical welfare program0316"» mm layman t° Bxlilerti 1°°k at the i should be cut. They have even stayed execiirecent arrogation of powers constitutionally i an, before my P1-eowent 13 at in the mpgreserved to the legislative, executive or st_at_es i ' before the bar
by the_ court and ask if the highest judicial contrary to the enimi Opinion of gm-ta;authority itself is not unconstitutional. j Evan, Hughes, the gup;-em; gum-g 13 mt thgThe Problem is hardly overstated by these v . me arbiter of the C0nSl.l.ltlOII. This Wllld"W ¢1mP1°5- If 31° Present "end °f 5" 5 put it above the Constitution itself, eliminate
preme Co92_n't power as-sun-ption. which is I
copied by lower courts, is not checked theconstitutionally - guaranteed separation of 1 Q Ag the dissenting justices said, the SH
I
Because of court decisions, confessed,
hardened criminals are walking the streets
as
…[truncated]