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About The Bulletin. (Bend, OR) 1963-current | View Entire Issue (July 8, 1963)
Mined wafers mar.?. tMsmmtzmmum fcceS5 jQ pUDljC aCCO77770ca07S 233 efc.iwMitw:,w::;itf .i:i,u Kennedy proposal aims to change 1883 law ! v Worth rift;; irm'i',.i.!-.TRffivJ.,l.!-iJJ.iiaf:- WASHINGTON. July The ad ministration bill prohibiting segre gation in privately owned places o public accommodation, now be fore committees in both houses of Congress, appears headed for near-certain filibuster in the Sen ate sometime in August. Negro leaders are preparing for a mas sive "march on Washington," hundreds of thousands strong, to ward the end of that month. Con gress may therefore be put in the position of having to take final action on a measure involving basic constitutional Issues in an atmosphere least conducive to reasoned deliberation. The public accommodations bill is the most controversial of the civil rights proposals advanced by President Kennedy on June 19. It would forbid discrimination or segregation on account of race or color in (1) places offering lodg ing to transients (hotels, motels, inns); (2) places serving food to interstate travelers of where goods offered for sale have moved in interstate commerce; and (3) places presenting public perform ances (theaters, movie houses, sports arenas, exhibition halls, etc.) where individual performers or films to be shown have moved across state lines. The President was impelled to propose the most far-reaching civil rights legislation since the Reconstruction Era because of a rapid spread of disorders growing out of Negro demonstrations against discrimination. Some of the worst violence had occurred in connection with efforts to breach "white only" barriers at lunch counters and movie houses. The Chief Executive said in an address to the nation, June 11, that the Negro had taken his pro test to the streets because in many places he had no legal rem edy for the "daily insult" of being denied access to facilities open to white citizens. Kennedy advis ed Congress to stay in session un til it had enacted "urgently need ed solutions to this problem," no matter how long it might take. Legislation similar to that , now proposed was adopted by Con gress 88 years ago. The Civil Rights Act of 1875 sought to guar antee to all citizens "the full and equal enjoyment of the accom modations, advantages, facilities and privileges of inns, public con veyances on land or water, thea ters, and other places of public amusement." But the Supreme Court found the act unconstitu tional in 1883 on the ground that the 14th Amendment's guarantee of equal protection of the laws applied only to action taken by a state, not to discrimination prac ticed by a private individual. Testifying before a House Judiciary subcommittee, June 26, Attorney General Robert F. Ken nedy said that it was because the 1883 decision still was the law of the land that the administration decided to use the interstate com merce clause of the Constitution as authority for the proposed new public accommodations law. Many decisions of the Supreme Court during the past 80 years have had the effect of greatly broadening federal power to regulate private business closely related to or de pendent on movement of goods or persons in interstate com merce. A law based on the 14th Amend ment might have wider applica tion than one based on the com merce clause because, even un der the 1883 decision, it might protect Negro access to all busi ness establishments licensed by a governmental authority. Under the commerce clause, federal reg ulation is limited to activities in or affecting interstate commerce. There are already indications that the administration Is prepared to compromise by exempting very small business enterprises from the provisions of the proposed legislature. Wide incursions into the prac tice of segregating the races at places of public accommodation have been made as a result of court decisions involving certain types of facilities and as a result of voluntary action taken to meet Negro demands for desegrega tion at such places as lunch coun ters, movie theaters and amuse ment parks. The legal basis for segregation in tax-supported facil ities public parks, swimming pools, libraries, etc. has al ready been removed by a series of Supreme Court decisions. Two recent rulings further ex tended the ban. On May 20, the high court decreed that a law of ordinance requiring segregation at privately owned facilities was unconstitutional. Negroes cannot be prosecuted for seeking service in those places, even if the charge is breach of the peace or tres passing. The Court held also that if there was no law requiring segregation, a declaration by pub lic authorities of an intention to enforce segregation was equally inconsistent with the 14th Amend ment. The Court put off until its next term, starting in October, four cases involving the question of whether segregation in privately owned places of public accommo dation is lawful in states or cities where there is no law or official policy purporting to require sep-. aration of the races. It remains to be seen whether, in these cases or some similar future case, the Supreme Court will re verse the stand it took in 1883. General agreement is nearing on ihe need for wiretap law change Judges often make as much law as legislatures. Nowhere is this so apparent as in the present federal laws prohibiting wiretapping. The original statute as passed by the Congress was a relatively simple one. It was felt necessary because the nation was in the first, early boom of the use of telephones. The phone systems of those days were a far cry from the auto mated systems of today. The assis tance of an operator was necessary In the placing of an ordinary local call. And when you got into the business of placing a long-distance call, as many as a dozen operators might be involved. Telephone companies chose their operators carefully, and train ed them well. All of the "centrals" of those early days realized full well they had no business listening in on conversations. And they most cer tainly had no business passing on to a third party any information they might pick up. But two factors occasionally led to abuses. One was human curiosity, and the other was human greed. You might learn something interest ing by listening in on a conversation. Customers were not immune, either. Remember the old "party line?" When the something you heard might be profitable, the dangers from unauthorized listeners began to multiply. Since so many telephone calls cither were or could be made across state lines, Congress passed a law, aimed to stop unauthorized persons listening in on telephone conversa tions. The law went into the courts, and has been in the courts off and ; on ever since. There is little question that the court process has broad ened the original wiretap concept Wecome, Frazier Bob Frazier, who writes editor ials for the Eugene Register-Guard, has joined an exclusive club, com posed of editors of Oregon news papers who have had their editorials reprinted in Southern newspapers. The three members to date are Frazier, Eric Allen of Medrord, and ' the editor of The Bulletin. The editor of The Bulletin was founder of the group. He rose to fame in some quarters, and ill-fame in others, in a piece he wrote on a ." man from Mississippi a few years : back. The editorial was reprinted in I a Jackson, Mississippi, paper. " We'll say one thing for Missis sippi newspaper readers: They're T vocal. The Bulletin editor received ; something over 300 letters from Mis - sissippians. Some were of the "Dear " Sir: You cur" type. Others were I somewhat more kind. Some were I actually flattering. A surprising ; number contained invitations to come to Mississippi and observe at " first hand the conditions discussed I in the editorial, invitations the editor I expects to accept this fall. Allen's experience was more rc l cent. He, too, was reprinted by a ; Mississippi newspaper. Like The Bul ; letin's editor, Allen got on the mail- Ing list of the race supremists. ! Frazier, too, reports the same ex l perience. Frazier also got Invitations to visit the South his piece ran in an Alabama newspaper from some far beyond what Congress original ly had in mind. The growth of technology has further complicated the whole busi ness. For a number of years it has been possible to listen in on tele phone conversations without actual ly tapping the wire. Improved micro- phones have made it possible to listen in on any conversation, almost any place. Lots of wiretapping goes on. Various police agencies use wiretaps in investigations, even though they know the information gained from those taps cannot be used in courts. There is a considerable amount of industrial espionage, often involving wiretapping. Any experienced inves tigator will be able to tell you things which would surprise you about the prevalence of wire-tapping. The courts, as noted, have pret ty consistently broadened their in terpretation of what constitutes wiretapping. Information gained by any of several . means has been thrown out of courts time and again. Clever criminals, or well-trained spies, have been able to circumvent laws against their activities by us ing the telephones, never putting anything on paper, dealing in cash, etc. The fewer things which are recorded in forms other than the human voice, the less the chance of being hauled into court. Congress has before It now, as it has had for several sessions, a proposal to allow wiretapping evi dence to be used in court, if such evidence is obtained after a court order authorizes the wiretap. Such a proposal safeguards the interests of the ordinary citizen, without al lowing the criminal to flout the law. It should be passed. completely sincere people. The Bulletin's editor plans to make such a trip, this fall. He'd be glad to have Frazier come along. But after reading some of the letters Allen got, one conies to the conclu sion he'd be better left in Medford. Ho got more threats and fewer in vitations than the other two mem bers of the club. Quofable quotes The secretary is asking us to give away without a struggle that would be a classic in labor relations the rights of all labor. A joint statement by the five operating rail unions on a proposal by Secretary of Labor W. Willard Wirtz to avert a nationwide railroad strike. If peace is to prevail, freedom, justice and recognition of religious conscience must be guaranteed. This is the basis of peaceful and harmoni ous coexistence. Stefan Cardinal Wyszynski, warning of a new clash over freedom of religion in Commu nist Poland. CapitalRcport Washington petition theft brings memories of Oregon 'steal' of year ago By A. Robert Smith Bulletin Corretpondent WASHINGTON The auda cious theft of petitions to put a gambling measure on the Wash ington state ballot next year is reminiscent of the time someone swiped the petitions in Oregon's monumental war of the campuses 30 years ago. It occurred in a high spirited moment when the University of Oregon and Oregon State were engaged in what some believed was a life and death struggle for academic supremacy. The full story of this conflict was told with relish by the late William M. Tugman, long-time crusading editor of the Eugene Register-Guard, and an acknow ledged partisan on behalf of the University in the campus strug gles. Before his death two years ago, Tugman set down his vivid recollection of the political in fighting, intrigue, even blackmail, that made this affair so under scored with passionate action. Part of the story is recounted in "The Tiger in the Senate," the biography of Sen. Wayne Morse, written by this correspondent, be cause Morse was a chief partici pant in the battle. He was then dean of the law school at the University. As Tugman recalled it, the trouble began because for about 25 years Oregon State had bene fitted from forceful leadership under its president, William Jas-, per Kerr, while the University languished under less dynamic presidents. But in 1926, the Uni versity got a vigorous new presi dent, Arnold Bennett Hall, and the Eugene campus set out to re dress the balance of power Kerr had gained in academic superiori ty at Corvallis. To this rivalry Kerr responded with a grand de sign for consolidating the two in stitutions at Corvallis. This prospect greatly aroused the business community, as well as the academic community, at Eugene, where the loss of the University would have boon a great economic blow to tltc town. Leading citizens in Corvallis sup ported K e r r ' a consolidation scheme. When a delegation from Corval lis was dispatched to Eugene to discuss the matter, the Eugene citizens were affronted by what they regarded as an ultimatum from their rivals. Tugman said his group told them where they could go. Instead, the Corvallis group de cided to go to the people. They launched a petition drive to put a proposition on the 1932 election ballot by which a majority of the voters could direct the consolida tion of the two campuses at Cor vallis. Some high-spirited Eugene zeal ots then pilfered the Corvallis petitions in an attempt to sabo tage the drive. But the Oregon State partisans were not to be disheartened by this foul blow. They hustled out and collected a new hatch of signatures and then dramatized their assaulted virtue by delivering the new petitions to the slate capitol in an armored car. Whether anyone ever put the finger on the petition thieves is a detail overlooked in this account. In any event, the proposition went on the ballot. But eight weeks be fore election, both Kerr and Hall tendered their resignations to the State Board of Higher Education. The Board accepted them, and promptly named Kerr to a newly created post. Chancellor of High er Education, with authority over both campuses. The intrigue which lay behind Kerr's maneuver is another ab sorbing story, but when Kerr moved his office as chancellor to f Washington Merry-so-roundr t ;'w-ff.j Eugene, Tugman recalled that the editor of the Emerald, the University student daily, Richard L. Neuberger, wanted to organize a mob of students to stone Kerr's windows. Tugman warned against this and said the important goal was to defeat the initiative measure on the ballot And win the elec tion they did, by a stunning 6 to 1 margin. Dean Morse subsequently rose to statewide fame by leading a faculty revolt against Kerr and the chairman of the State Board of Higher Education in one of the most dramatic chapters in Ore gon's academic-political history. Walter's dead hand holds up Kowalski confirmation By Drew Pearson WASHINGTON The dead hand of one Congressman is hold ing up the confirmation of an other Congressman's appointment to tho Subversive Activities Con trol Board. Last winter President Kennedy appointed ex-Congressman Frank Kowalski of Connecticut, No. 1 friend of the enlisted man, to the Subversive Activities Control Board. Kowalski had a great record in Congress, but during the 1959 battle over subversive activities he voted against the creation of a controller over for eign propaganda. The late Hep. Francis Walter, D-Pa., chairman of the Un-American Activities Committee, was pushing for the passage of a bill which would create a controller with the power to stamp anything entering this country as propa ganda. Many book publishers, newspaper editors, and universi ties were opposed. Kowalski voted with them against Congressman Walter. Only three Congressmen had the courage to oppose the powerful chairman of the Un American Activities Committee. Immediately after the vote a fellow Democrat warned Kowal ski: "You had better go and make peace with him. At least, tell him you didn't understand the bill." "I do understand the bill, but I am not going to vote to have a controller tell me what I can read." replied Kowah-ki. "But," remonstrated the friend. "Walter controls all the patron age, including the telephone op erators in the Capitol. You won't be able to make a phone call without having it monitored." Kowalski, however, stuck to his guns. Subsequently, the Walter Bill was defeated in the Senate and has never become law. Kow alski was proved right. But Walter got his revenge. When Kennedy sent Kowalski's name to the Senate for confirma tion, the Congressman from Penn sylvania wrote a hot letter in protest. He blocked the confirma tion while alive and is still block ing it though dead. S J. iVT., f.V,7, "Ts -iT-T'J Sen. Barry Goldwater has be come an ideological leader and sym bol to stimulate the nation's imag ination. :Scn, John G. Tower, R Tex., heapiig praise on his favorite presidential candidate. The Bulletin Monday, July 8, 1963 An Independent Newspaper Robert W. Chindltr, Editor Gltnn Cujhmtn, Gen. Manager Jack McDermott, Adv. Manager Phil F. Bregan, A hoc i ate Editor Leu W. Meyers, Cire. Manager Lortn E. Dyer, Mech. Sup't. William A. Yates, Managing Ed. Knfrned M Swvtd Clmw M!!r. jRIMWry . 1MT. t P-wt Offlc at Hrnti. li-r"n. iin.ler A.-t .f Minh 3. J7. liWihi oaitr cfpt sundAy and crum KUUJ by Trie ISh1 bulletin. Int. r.--:.a-:t n-j rr-r-s-- ,TTiTi -f-r--r :r -sr T -r 1 It is a rule of evidence that a letter is not admissible as evi dence unless the person who writes the letter backs it up in court However, Sen. Jim Eastland of Mississippi, chairman of the Sen ate Judiciary committee, has paid more attention to a dead man's letter than a live man's record. One of the hottest debates of a hot summer took place between Attorney General Bob Kennedy and Sen. Strom Thurmond, D-S.C, over Civil Rights. This was the occasion when Thurmond got off his famous question: "What would happen if a restaurant owner only wanted to serve redheaded secre taries?" As the South Carolina Dixiecrat peppered Kennedy with questions for over an hour, the Attorney General finally showed signs of irritation. But Thurmond contin ued: "Mr. Attorney General, isn't the public facilities law similar to the repealed prohibition amendment in that they both would legislate morals?" "I think it would be supported by the vast majority of the Amer ican people. It would have a maj or and advantageous effect on the United States and be held con stitutional by the Supreme Court" Kennedy was visibly angered when Thurmond read a letter printed in a Nashville, Tenn., newspaper, charging that federal officials violated the Railway Lab or Act by demanding jobs for Negroes on the Louisville and Nashville Railroads. "I don't know if the facts are accurate. Do you?" Kennedy re plied crisply. "This is hearsay on hearsay on hearsay." Thurmond then bore down on whether a mythical barbershop on a state border would be covered under the proposed civil rights law. "A barbershop would not be cov ered as a general rule, but it might be covered if its percent age of interstate commerce was 30 per cent or more," Kennedy replied. "Even if the number were lower, the decision on cov erage would depend on other fac tors." "You're a little vague on this, aren't you?" Thurmond jibed. The hearing adjourned. As the Attorney General d e p a r t e d. He bumped into the man who had cross-examined him. They left the room together. "1 only wish mah clients gave me such straight answers," re marked the senator from South Carolina. They parted as if nothing had happened. Tower doubts Goldwater win WASHINGTON (UPI) - Sen. John G. Tower, R-Tex., a leading supporter of Sen. Barry Gold water, doubts that the Arizona conservative can win the GOP presidential nomination solely by a draft movement. "He'll have to announce his de cisionone way or the other by the first primary," Tower said Sunday in a television interview. He appeared on Meet the Press -NBC. Tower said New York Gov. Nelson Rockefeller's chance for the nomination have been dam aged by his divorce and remar riage. But, Tower said the "back Barry" movement was gaining momentum before Rockefeller married the former Mrs. Mar garctta (Happy) Murphy. If Goldwater does not win the nomination. Tower said he would urge him to remain in the Senate rather than accept the vice pres idential nomination. Tower said Goldwater has been an important influence on the Senate even though no major leg islation bears his name. "Sen. Goldwater has become an ideological leader and symbol to stimulate the nation's imagi nation," he said. Barbs A young girl's diary is filled with items she'd rather forget a few years later. People are more satisfied with their lot when there is a happy home built on it. ... nJfinH When you consider all the little kids running around, a lot of time is wasted on painting "Keep Off The Grass" signs. General tightening (tops noiie In your car, like leaving the little kids home. POPE VISITS CARDINAL VATICAN CITY (UPI) - Pope Paul VI left the Vatican Sunday night to pay a visit to ailing Clemente Cardinal Micara, his vicar for Rome. "When men differ In opinion, both sides ought equally to hiva the advantage of being heard by the public." Benjamin Franklin. Visitors express thanks for concert To the Editor: Through you we send our thanks to the Bend Municipal Band for having given us a pleasant eve ning hour. It is good to remember that not everyone has grown so sophisti cated as to lose appreciation for old fashioned pleasures, among which are band concerts in the park. Our best wishes to the maestro and his competent musicians. Very truly yours Ethel and Harold Cling erman Lincoln, Nebraska July 2, 1963 Writer urges cover for Bend swim pool To the Editor A recent letter to the Editor from Clare T. Taylor, an Execu tive Secretary of the Red Cross, pointed out the present inade quacy of Bend's open-air munici pal pool to serve the community as fully as it should and stating some reasons for coverage of it. I should like to add my plea toward that same cause. As was stated in that opinion, the use of Bend's pool is present ly inadequate for Red Cross training for all who desire such experience in the life saving and the learn-to-swim program. In addition, this "summer" several of the classes have been cancel ed due to inclement weather and coldness of the water. Another very practical use of the pool should be for physical education class use in the school system. It is actually amazing to realize the number of persons who reach adulthood not knowing how to swim not expertly, but merely sufficient perhaps to pre vent panic in an emergency and help save themselves. Once swimming is learned, it Is physical activity one can engage in for life as gently or as vigorously as the will dictates. The city pool could also be used by adults who would enjoy swim ming or learning to swim, per haps, if the facility were avail able under cover for more pleas ant swimming. Other small com munities in Oregon have fine rec reational programs using their heated, covered pools, with times allotted for adult sessions, family swims, club use, and related ac tivities in their schools' physical education courses. Our fine Bend Elks' swim team makes good use of the pool dur ing the all too short summer sea son. However, so far this summer it, like the Red Cross, has on sev eral occasions had to cancel the practice and for the same rea sons. Although this team is an other splendid example of our city recreation department'! ef forts toward promoting athletic for our young people, more yet could be done were the pool cov ered for year-round use. The stupid spreading of peat moss into the pool causing an other day's loss of use probably would not have taken place had the pool been covered. Of course, to cover the pool now will take funds, more funds than had it been done when the pool was constructed; however, I believe that this community could, and should, proceed at once to gather facts, figures, and other pertinent data toward a much needed cover over the pool area for more complete and ef ficient utilization. Sincerely yours, Don E. Devlin Bend. Oregon July 5, 1963 CRASH KILLS NINE STUTTGART. Germany (UPI) Nine persons, including six British tourists, were killed Sun-, day in a collision involving a tourist bus and several other vehicles. Fabrics ACROSS 9 Quote 1 Twilled worsted ? 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