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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (April 12, 1962)
Wiretapping Issue Is Before Congress by BY WILLIAM J. EATON United Prtii International Washington-WPD-Is wiretap ping by police a "dirty busi ness" that should be banned? Or is it a necessary tool in the war against communist subversion and big-time rack eteers? This explosive issue has been placed before Congress by Atty. Gen. Robert F. Ken nedy. It seems certain to ignite new controversy over courtroom use of evidence ac quired by eavesdropping on telephone conversations. No one questions that wire tapping is widespread even though intercepting and di vulging conversations theor. etically violate the 1934 Fed eral Communications Act. ' Virtually No Control FBI Director J. Edgar Hoo ver says frankly that his agents are listening in on . about 90 phones as a counter espionage measure. Other po lice forces and private de tectives also use wire taps with virtually no federal con trol over their activities. ; Kennedy told Congress a federal law is needed to out law private wiretapping but to permit use of listening de vices by state and federal au thorities under new restric tions. The proposal would not af fect so-called electronic eaves - dropping which some experts say could be a gaping loop hole in any anti-tapping law. Modern microphones or "bugs'" can be used to over hear a conversation from hundreds of yards away with out any connection wires. Gathering Evidence Aside from these technical advances, the telephone tap still is regarded as a key to gathering of evidence in ma jor criminal cases. One of the leading oppon ents of wiretapping is the ' American Civil Liberties Un ion (ACLU). It contends legal ization would be a step to . ward a 'police state," would invade privacy and violate constitutional guarantees. On the pro side, Sen. Thom as Dodd, D-Conn., has intro duced a bill that would give states just about unlimited rights to tap phones if they obtained court orders. He de clared it is needed to strength en law enforcement. The attorney general is hoping that -Congress might find his middle-ground meas ure the best solution. Under his bill, stale police could listen in on telephones only in investigations of murder, kidnaping, extortion, or brib ery. Obtain Court Order But they would have to obtain a state court order permitting a tap and demon strate the designated tele phone was being or was about to be used in commission of a crime and there was "no other means" to get the evi dence. The order would be valid for 45 days, with pro visions for 20-day extensions. On the federal level, the attorney general would be authorized on his own finding to allow taps to discover evi dence of espionage, treason, sabotage or subversion. The Hatfield Urges GOP Band Together PnriianH hiph - Gov. Mark Hatfield urged Republicans Wednesday to oana togeiner, saying it would be possible "to make a list of many groups" competing within the nartv. , He addressed the Metro politan club of the State Fed eration of Republican Wom en. Hatfield said that in a day when the GOP was a minor ity party "we cannot afford a diffusion of strength, of strength, of energy, of money. We need all this concentrated within the structure of the Republican party." He said there are "danger ous groups and thinking in our ranks," and' added, "If America is to remain strong in the battle against godless communism. America must take counsel with its faith and not with its fears." The governor said he be lieved in fighting for his ideals within the Republican party. "We must realize that the party has room for many differences - for conserva tives, liberals and middle-of-the-roaders." BRILL L METAL WORKS Commercial InduatrUI Retio-eritial Sheet Metal W.rk Stainless. Galeniied and Copper Fabrication 2287 Wesl Main HON! SP 1-4440 Justice Department could seek federal court approval of wiretaps for the same crimes, plus murder, kidnap ing, extortion or narcotics of fenses, gambling or racketeer ing. The same standards would have to be met as those prescribed for state courts. The U.S. Supreme court has ruled that the communication act now prevents admission of wiretapped evidence in federal criminal trials but does not bar states from using this type of evidence in state trials. Reverts to Decision Any discussion of the sub ject usually reverts to a 1928 Supreme Court decision in volving a bootlegging ring in Seattle, Wash. After six months of listening to tapped phones, state officials arrested 91 persons and estimated the ring did a $2 million a year business in illicit liquor. Defense attorneys claimed the tap violated the 4th and 5th Amendments barring "un reasonable search and seiz HELD BY MAMA - Mother reticulated giraffe, first of its Diego, Calif., zoo. The five foot, 10 inch youngster is being raised by attendants at Children's Zoo. (UPI) Placed Kennedy ure" and self-incrimination, respectively. They asked that the convictions be reversed.. Although the high tribunal rejected the appeal 5 to 4, the dissents become more widely quoted than the majority opinion written by the late Chief Justice William Howard Taft. Justice Oliver Wendell Holmes declared it was a lesser evil to allow some criminals to escape than to permit the government to play an ignoble role. Used Ever Since "If the existing code does not prevent district attorneys to have a hand in such dirty business, it does not permit the judge to allow such in iquities to succeed," Holmes said. The "dirty business" phrase has been used ever since by wirtapping oppon ents. Justice Louis Brandeis said it was far worse to tap the telephone than to tamper with the mails because the former could involve innocent per- grasps the tail of a new-born type ever born in the San Announcing Chry sler From the acknowledged luxury of Imperial, lo ihe stylish value of Valiant, we are firmly convinced no ' automotive manufacturer invests his products with more traditional excellence than does Chrysler Corpo ration. Thai is why we choose to represent Chrysler Corporation in ihe sales and service of the refreshingly Imperial r? Q Q O 1 , -re- - """" ' "' , MEDFOBD MAIL TRIBUNE. MEDFORD, OREGON "" . , , I,, , , HOLDS MICROPHONE Private investigator Lloyd B. Furr holds in left hand a microphone which he discovered in 1958 under a door which led to a room in a hotel in Washington, D.C., occupied by Baron I. Shacklette, investigator for the house influence investigating subcommittee. Leaning over Furr's shoulder is Roger Robb, attorney for Boston indus trialist Bernard Goldfine. The explosive issue of whether wiretapping by police is a "dirty business" that should be banned or is a necessary tool in the war against Communist subversion and big-time racketeers has been placed before Congress by U.S. Attorney General Robert F. Kennedy. (UPI) sons who call the party under suspicion. "The greatest dangers to liberty lurk in insidious en croachment by men of zeal, well-meaning but without un derstanding," Brandeis said. In presenting his proposal to Congress, Kennedy made the point that existing law has proven powerless to pre vent "indiscriminate wiretap ping which seriously threat ens individual privacy." He said his bill would reduce laps and still permit police to combat underworld use of the nation's vast communica tions network. Since 1940 every attorney general has authorized FBI taps in national security cases, Kennedy said, but fed eral court rules barring evi dence obtained in this way has weakened enforcement of anti-subversion laws. The collapse of the govern ment's 1950 case against Judith Coplon, accused of conspiring to commit espion age, is perhaps the most com - Imperial - DICK KNIGHT GO. 33 South Riverside at Eighth Street mon illustration of this' the ory. A federal court in New York held that evidence ob tained by wiretaps in the Coplon case was inadmissible even though they were au thorized by the attorney gen eral , Unauthorized tapping would be punishable by two. years in prison and a $10,000 fine if Kennedy's proposal passes congressional hurdles and be comes law. Meantime, there have been indications that the Supreme Court takes a dim view of some new electronic devices for gathering evidence. The court held last year that a "spike mike" a pencil-thin metal spike driven into the wall of a building to overhear conversations in sidewas unconstitutional.' Washington, D.C., police used the device to collect evi dence on a suspected gam bling ring. The justices ruled unanimously that it violated the ban on unreasonable searches. MEBFORB'S new 1962 Chrysler, Imperial, Plymouth and Valiant. We believe you will find our new sales and service facilities in keeping with this noteworthy corporate tradition. You will also find it evident in our attitude toward you, whether you now own a Plymouth, Valiant, Chrysler or Imperial, or plan to own one this year. In Chrysler Chickens Recognize Seniorities on Job Manhattan, Kan. - IIIPD -Chickens recognize job sen iority, according to a Kansas Stale university scientist. A. M. Guhl, professor of zoology, said ' the seniority rights of hens was demonstra ted in a biologi experiment in which a nnv bird was add ed to a flock every two davs and the longest resident was removed at the end of two weeks. During the first two davs. he said, the n.w r. usually was at the bottom of the "pecking order." But as time passed and its superiors were removed while newcomers were added, th. bird usually achieved top rank by its last day. You are invited to attend, hear and meet U.S. SENATOR eugene j, McCarthy Of Minnesota At the 12th ANNUAL H ' n "'! ei Mim.iimnii LAM SENATOR WAYNE MORSE Her to meet hit friends . . . introduce the speaker. Plymouth-Vali Valiant Sergeant in 'Box' Will Get New Trial San Francisco -(UPU A Ma rine sergeant who claimed he was imprisoned in a five-by- seven-foot "box" for 43 days while awaiting trial in Oki-, nawa was on his way back to the Pacific outpost today for 1 a new trial. Sgt. Stobo C. West, 32, left San Francisco Wednesday by I plane. He was flown to Treas ure Island Naval Base here Tuesday from the Navy and Marine disciplinary command in Portsmouth, N.H. He was convicted of a series of crimes including black mar keting, absence without leave. escape, larceny, and aggravat- j ed assault. The U.S. Court of Military Appeals ruled that the pre trial solitary confinement and ROOSEVELT MEMORIAL DINNER SATURDAY-APRIL 14th ' . 6:30 p.m. .;.; McLoughlin Junior High School Admission $5.00 Reception for Senators McCarthy, Morse and Dinner Guests Immediately After Dinner, School Cafeteria j ' . y. ' ant either case, we invite you to visit us during our opening celebration examine our facilities and indulge in the exciting revelation of a demonstration drive in either a '62 Chrysler, Imperial, Plymouth or Valiant each quality-engineered by Chrysler Corporation. Plan to come in and "get acquainted" this week! THURSDAY. APRIL other treatment West received nullified his conviction. His attorney, Robert Han non, said the second trial BID DEPOSITORY Mcdford, Oregon Eagle Point High School Addition Eagle Point, Oregon Bid Depository Closing Time: Mechanical & General Sheer Metal April 12, 1962, 1:00 P.M. Mechanical-Sheer Metal Temperature Control April 12, 196211:00 a.m. Bids will be received from the following crafts at the Industry Council Office, 40 S. Fir Street, Medford, Oregon for General Sheet Metal, Mechanical: i.e. Plumbing, Heating, Mechanical Sheet Metal. For bid formi, envelopes and information, call Fred Morlan, Bid Custodian Industry Council of Southern Orego.i and Vicinity, Inc. 40 S. Fir St., Medford, Oregon Telephone: SPring 2-5075 3-5044 ' . ' Pd. - Larry newest Dealer Plymouth 12. 19E2 might start within two weeks and added that he nlannrH in defend him in person if pos sible. : , 1 . . senator McCarthy guest speaker Famed Writer, Orator dv., , Roosevelt .Memorial Dinner Sheehan, Gen. Ch. i , 4 I'll;; 0" Il Hi .i .fl-t-
