Thurtday, June. 27, 19S7
MEDFORD (OREGON) MAIL TRIBUNE ELEVEH
O
rirson Says 'Gross' Over-Emphasis On Air Power Exists With Air Force
fljr.'jville. Ala. r Col.
JttY.fi C. Nickerson Jr. testified
'Ada? tha". tfross ' over-mphe-i
ijft a.r power exists in the
Offense Departmer.t.
Behante on air power alone,
,ie Army missiles officer testi
fied 'a, his court martial, might
lay tr. United S'ate open to
'toV3: dr.n-at ' if Soviet armies
overran most of the Free World 1 tack on the air power philosophy ! cision to turn such weapons in
Nickerson was testifying in
his own defense in an effort to
mitigate his sentence for admit
ted negligent handling of secret'
documents and sending classi-j
fied memos to various outside
of defense which he said has the intermediate range to the
Deen giamorizea ana puon-
eized'' by every member of the
Air Force.
Nickerson himself had opened
a bitter inter-service fight over
persons. control of ballistics missiles
B it Nickerson almost immedi-, when he protested Secretary of
ately launched a blistering at- Defense Charles E. Wilson's de-
Supreme Court Under Attack as
'Aid and Comfort' To Communism
Washington
prene Cout
day ss s-i "id
The
s attacked
and comfort'
Su-lvancy of the questions shown
to-! Walter said recent
to cisco hearings 'of an
healthy" to "curse the court'' be-
San Fran-! cause it is a co-equal branch of
un-Ameri ; government with its own share
Communism nd defended as a
co-equal branch of the fovern
ment doirtf its part in safe
jpiirding individual liberties.
The mounting controversy
o-.'er rerrnt court rulings brought
(vyith it new warnings of threats
to m nforcerr.nt.
The FBI was reported ready
to withdraw from prosecutions
nf espionage and certain other,
rriminal cases if necessary to;
protect the secrecy of i' files !
The Justire Department urged i
laws to safeguard FBI files, and j
to establish new police proced-1
ures to prevent breakdown of
9g.iin.st htrdewd
can activities subcommittee j of the duty of safeguarding
showed the court's ruling could ' dividual liberty and national se
be followed without difficulty, jcurity.
Sen. Jacob K. Javits (R-N'.Y ).
! in a speech prepared for the
New York State Veterans of
j Foreign Wars convention at
i Rochester also sid it is ' en
I tirely practical'' to guard against
internal subversion while com
plying with high court rulings
in the Watkins and other cases
Defends Judicial Branch
He said the House and Senate
can simply adopt adequate rules
of procedure to meet Supreme
Court objections. Javits said it
would be "unwise and un-
prosecutions
criminals. !
Senate. Detatei oa Court
The Senat exploded in de
bate on ti. court Wednesday
Views ran"d from that of Sen.
Strom Thurmond (D-SC). who
charged the tribunal had "jone
power wild." lo S"n. Alexander
Wiley Wi), ho pleaded
against "abute of th hijhest
tribunal of our lnd."
Rep. Donld L. Jickson (R
Calif ), in srech prepared
for Houe flelivery today, de
nounced lh high court's cur
rent cour as "lending aid.
romfort Bnrt assistance" to the
Communist "nemy."
The new rulings were already
having wide repercussions in
law courts.
Playwright Arthur Miller sent
his attorney before a federal
judge here today to seek a re
versal of his contempt of Con
gress conviction. He acted be
cause of the Supreme Court rul
ing in the Watkins case, similar
to his own. Frank V. Brewster,
convicted Wednesday of con
tempt of Congress announced he
would appeal on the basis of
the same high court ruling..
Air Force.
Usad Secret Data
Nickerson, champion of the
Army's Jupiter intermediate
missile which he helped develop,
admitted he used secret data to
get across his case. He awaits
sentencing on 15 counts, a sen
tence to be determined by the,
10-member court martial after
the defense completes its testi
mony. Nickerson said the Air Force
decision to build intercontinen
tal ballistics missiles ocean
spanning weapons in contrast to
the 1.500-mile Jupiter was the
proper one because the ICBM is
a "strategic" weapon.
in-j -it-eiun uegan reaaing
a jiejcuru sidiL-niein.
Speaking loudly and rapidlv
the square-jawed 41-year-old
colonel said that Soviet armies
were constantly poised at the
borders of free countries in the
Near East, Europe and Asia with
at least six months supplies.
Ground Forces Needed
No amount of atomic bom
bardment could prevent some of
these armies from overrunning
' - r -,a! wypy"i.ww "wiiwr
i is 's
these countries and ground
COL. NICKERSON
Open To 'Total' Defeat
forces should be strengthened to
meet them, he said.
But under the present policy
j of cutting down manpower on
j the ground, both in this country
'and among our allies. Nickson
'son said, our foreign bases
would be overrun, resources lost
and the prospects of "total de
feat" would be present.
Nickerson's appearance was
conducted by his special defense
counsel, Ray H. Jenkins, but
Nickerson did nearly all the
talking.
After Nickerson, 10 more de
fense witnesses were slated.
Jenkins said none would stay on
the stand long and predicted
Nickerson's sentence would
come next Monday.
Defendant Confident
Nickerson began the third
day of his trial confident he
would come out well, although
he had pleaded guilty to 15 spe
cifications of failing to safe
guard military secrets.
He was buoyed by the testi
mony of Dr. Wernher von
Braun. who developed the Ger
man V2 rocket. Von Braun
came to the United States at the
end of World War II and now
is a naturalized citizen.
Von Braun testified for an
hour and 45 minutes behind
closed doors in an effort to mi
tigate the 41-year-old Nicker
son's admitted guilt.
Fear for the nation's security
rather than neglect of it moti
vated Nickerson when he let
secret data creep into communi
tions to "unauthorized persons"
protesting the Pentagon curb on
Army missile work last year.
Von Braun said.
.Is
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Refusal To Submit
Non-Red Affidavits
May Cost Passports
Washington W The U.
S. Court of Appeals upheld to
day the secretary of state's right
to withhold passports from per
sons who refuse to submit non
Communist affidavits.
The court acted on appeals
I filed by artist Rockwell Kent
f and bv Walter Briehl. a Los
Asserting that June 17. when Angeles psychiatrist. Both had
two of tha most disputed court
rulings er issued, might be
celebrated by Communists hence
ffSth as m "red letter day," Jack
son said Congress should protect
its committees by special legis
lation or abolish them.
Jackson, a member of the
committee on un-American ac
tivities, found himself sharply l
variance with committee Chair
O man Francis f?.Wal!er (D-P )
Walter said Wednesday no
new legislation is required to
meet the Supreme Court's edict
in the Watkins case, one of
those delivered June 17. That
decision said witnesses can re
fuse to answer committee ques
Qtions unless th purpose of the
Inquiry Is given and the rele-
declined to say whether they
had been Communists, contend
ing that the demand for such a
statement was unlawful.
Maim Opinion
The cases were heard by an
eight-judge bench. The vote was"
5 to 3 on the main issue with
Chief Judge Henry W. Edgerton
and circuit Judges Charles Fahy
and David L. Bazelon dissent
ing. Circuit Judge E. Barrett Pret
tyman, joined by three other
judges wrote the main opinion.
It said:
"Analyzed to its underlying
elements the critical problem in
the case ... is simply whether
the secretary of state may de
cline to issue a passport to a per
son who refuses to admit or
deny that he is a member of the
Communit party. We think he
may.
"Or to state the problem in
different terms, it is whether
membership in or adherence to
the Communist party is a valid
subject of inquiry prerequisite
to the issuance of a passport un
der world conditions. We think
it is."
Edgerton said in his dissent
that "we have temporized too
long with the passport practices
of the State Department."
"Iron curtains have no place
in a free world," he said. "I
think the secretary should be
directed to issue a passport."
Briehl applied for his pass
port in the spring of 1955. He
said he wanted to attend an In
ternational Psychoanalytic Con
gress in Geneva, Switzerland,
and a World Mental Health Or
ganization Congress In Istanbul.
Turkey.
Kent applied, also in 1955.
for the purpose of traveling to
Europe to paint.
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