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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Oct. 7, 1962)
1 Several (Editor's note: With the No vember elections in the off ing, millions of Americans are either freely taking part in campaigns or preparing to vote. But the political activi ties of several million other Americans are being restrict ed. This is because they are federal, state and, municipal government employees who must obey the federal Hatch "Clean Politic" Act or be punished. What is this law and why was it enacted? The answers are provided in the following dispatch.) By ARNOLD B. SAWISLAK United Press International Washington -WPtu With the November elections just around the corner, you may wear a campaign button, but you may not march in a poli tical torchlight parade. You may paste a political sticker on your car, but you may not take voters to the polls in it. Who are you? You are one of more than two million federal, state and local government work ers whose political lives are more closely governed than any other class of American citizens. Instrument of Restrictions The instrument of these re strictions is a 23-year-old fed eral law called the Hatch "Clean Politics" Act. The law, actually entitled "An Act To Prevent Pernici ous Political Activities," cov ers far more than this short list of do's and don'ts. But it is pointed at a single goal to keep government services and employees sup ported by the U. S. treasury out of organized party poli tics. At the same time, it tries to avoid any curbs on con stitutional rights. That is not easy to do, and there is disagreement whether the Hatch Act does it. Congress has approved nu merous changes since 1939 in the original bill by former Sen. Carl Hatch, (D-N.M.). It has rejected many more, in cluding outright repealers. This year, two amendments received attention. One was passed Sept. 27 but fate of the other was uncertain. Passed and sent to the White House was a proviso re ducing from 90 days to 30 days the minimum period in which a federal worker guilty of minor infractions of the act can be suspended without pay. President Kennedy's sig nature was certain. Expected to Die The second was a proposal to exempt more than 300 top level state officials from cov erage of the law. President Kennedy opposed that change and it was expected to die in committee. There is little argument that the act has kept a tight rein on the political activi ties of 2.2 million federal workers. Some charge, in fact, that it is so drastic that they have been turned into political eunuchs. Similar charges have been made about the impact on the much smaller number of state and local government em ployees it is supposed to cover. But those who have watched the statute in opera tion say that lack of knowl edge of its terms outside Washington, combined with short-staffed enforcement ef forts have permitted many state and local violations which have gone unpunished. Some of the confusion and dispute stem from the fact that the Hatch Act does not prescribe the political activi ties of everyone in govern ment. Military Not Covered Except for its criminal law sections, it does not touch elected officials or legislative and judicial employees in the federal, state and local go ernmonts. The military also is not covered. The law also exempts ap pointed federal officials at the cabinet and policy-making levels. But high-level appointed state officials are subject to the law, and this has piled trouble on trouble. Backers of the exemption amendment argued it was rank injustice to restrict the Dolitical life of a state high way director who handles millions of federal dollars while allowing political fr dom to the U. S. secretary commerce who administers billions of highway money. Closer to Disbursement Opponents countered that the state official is much clo ser to actual disbursement of the funds and to the evcry- KING ALFRiD DAFFODILS- 70 fr 59c f 50 for 2.59 100 ill & V 4th t F.. Pti- 773-8444 Ph. 773 8444 Million Americans day give and take of partisan politics. This, they contended, was likely to leave to politi cal misuse of federal dollars. There also appears to be uncertainty among stale and local officials about which of their lov.cr - echelon em ployees are under the act. The law itself says it covers those whose "principal em ployment is in connection with any activity which is fi nanced in whole or part by loans or grants made by the United States or by any fed eral agency.'' Another section exempls teachers and re-1 epali By M. M. GUPTA United Press International Katmandu, Nepal - (UPD -About 200 Nepali traders are doing a brisk business with their Tibetan counterparts through mountain passes on the 500-mile border. There are about 18 such passes and most of them re main snow-covcrea mrougn out the year. The merchandise varies from candles to cornflour. What worries government of ficials is the suspicion that steady supplies of gasoline, steel and kerosene find a ready way into Chinese Communist-controlled Tibetan markets. 'Imported' from Nepal According to one trader, Tibet "imported" 2,000 gal lons of gasoline, 3.000 cans of kerosene and about 20 tons of steel from Nepal during Au gust through one pass alone. Since Nepal doesn't produce any of the above by itself, India remains its chief sup plier. The Indians resent the resale of such defense supplies to their Chinese rivals. ' Chinese Reds By B. K. Tiwari United Press International New Delhi -IUPII- Red China intends to stamp out the Tibetan way of life and com pletely "Chinafy" the colorful mountain nalion, reports a young Tibetan official who fled to India. T s o n g Drue Gyatso, 23, graduate of a special Chinese school for Tibetans, predicted his people will become a mi nority within their own coun try in 10 years. Gyatso, native of a village IwwMmM jAf time to ,,jyr... W0W' s ENROLL m J& feV;T mM-0M " medford pubuc schools mmm TIBETAN LEADERS Pro-Communist Pachen Lama (rear) rides behind former Tibetan leader Dalai Lama, center, In this picture taken in 1956. A former Tibetan official under Red Chinese, Tsong Drue Gyatso, 23. said in New Delhi. India, rec ently that his people will become a min- Sheriff's Office Clears 59 Cases During September The Jackson county slier - if Is office cleared 59 cases and closed 173 cases in Sep - tembcr. according to Sheriff Paul Bettiol. Cases cleared require an in- for 4,50 C&S ' You'BuIbi! .'.. I ! lir ; searchers in schools and COl- lCgCS. That might appear to be clear language, but it strikes no common chord among state officials. While coverage of the act may be somewhat misty, its penalties are clear. In gen eral, it divides "pernicious political activities" into two types. The first, carrying prison terms and heavy fines, in cludes such offenses as using official authority to influence elections, promising to re- Traders Conducting A Katmandu-based Indian trader said most traders deal ing with the Red Chinese in Tibet were those who fled Tibet after the Chinese take over. The Indian trader said they employed about 10,000 por ters. The most important passes are Mustang, Rasua, Kodari and Wallenchungola in Northwest Nepal. Describe Caravans Describing the trading cara vans, a Nepali trader said hun dreds of Nepali porters leave the outskirts of Katmandu every morning. It takes 10 to 20 days to reach the barter posts where Tibetan officials take delivery of the goods. They make the payment in Tibetan wool, which is in great demand in Nepal. Nepalese traders delivering goods at the Tibetan posts are treated lavishly by the Tibet an officials, the Nepali trader said. According to informed sources, Nepali traders are prohibited from selling their goods to Tibetan individuals. All sales are handled by Chi near the Tibetan capital city of Lhasa, said he was selected at the age of 13 by the Chinese-controlled Tibetan gov ernment, for training as a medical corpsman and village administrator. After Chinese Takeover That was shortly after the Chinese takeover, when the Buddhist Dali Lama who ruled Tibet from a palace on a towering mountain over looking Lhasa, was forced to flee the country. Gyatso said that at the age of 17 he was sent to a special , vestigation and arrest, he i pointcd out. Cases closed do . ..,. ,, , . , ... VJI inc cases uc-it-u .:. month, 47 were received dur- ing the month and 12 from prior months this year. Of the cases closed, 170 were :eceived in September and three in prior months. Eighteen cases received last month proved unfounded. Two received from prior months proved unfounded. Most of the complaint re- ports issued concerned non- criminal cases, 186. A total of 88 complaints was received on misdeameanor cases and 38 in felonv cases. Cajes'flill pending at the flEDFORD MAIL TRIBUNE. MEDFORD. w a r d political supporters with government jobs and threatening loss of benefits for soliciting political contri butions from persons receiv ing welfare aid. The last provided the clue to the situation that started Congress thinking about the Hatch Act in the first place. The law grew out of com plaints in the late 1930 s that federal relief money was being distributed on a politi cal basis. Enforced By Department The criminal sections are enforced by the Justice de nese officials through local "consumer goods stores." Commodities in great de mand in Tibet include dry bat teries, soaps, mustard oil, sug ar and cornflour. Price of Gasoline Gasoline purchased in Ne pal markets at S1.00 per gal lon is sold to Tibetan trading stores for the local equivalent of $8.00. Gasoline, steel and kero sene exports from Nepal are banned by the government. When asked how these regula tions were being violated by Nepali traders. Nepalese of ficials said they had no knowl edge of such smuggling activ ities across their borders. Nepal's foreign minister, Rishikesh Shah, told a press conference in New Delhi that a ban on such trade had been imposed six months ago. But the most concerned is the government of India for most of these commodities are imported by Nepal from India. An Indian observer said, "We naturally don't like the Chi nese Reds to use some of our own goods for strengthening their frontier guard." Trying to Chinafy' Chinese school for Tibetans at Shan Yan where he lived with 2700 other trainees ranging in age from 13 to 30. There, the Tibetans were heavily indoctrinated against their own former government and against the Buddhist reli gion. Teachers and lecturers touted the glories of Commu nism and the New China. Students were expected to spy on each other, and make public confessions of any anti Chinese thoughts that entered their heads. The only times they were end of September total 77 i Fifty warrants were received i and 34 served or recalled dur- ing the montn A ,oa, o( 32 C,V pro - cesscs were filed for service ! The value reported lost j through theft in September j totalled $8.888. BB and $502 37 was reported lost from worth - i less checks. Number of complaints re - ccived show a slight decrease compared to the previous : month, 312 in September com - pared to 374 in August. The overall trend shows a steady j Increase, from M1B in Sep - : tembcr. 1957: 144 in Septem - her. 1958; 270 in September, i 1959: 25 in Septnmbrr, lnfiO. and 3n3 in Soptcmnr. HIH1 ority within their own country within the j I, a k f, ff fl 9j 1 BjJ B I I ft ' H 11 , . ' ' ' " f next 10 years. Gyatso, forced to escape 4 ; 53 f f If tilSk f T if J H- "t'S I VI ntZr CZil Communist Chinese recently, said he first i H t B P ft M ft V wXk I 1 1 Q'i r--r'' aroused their suspicions when he protested I K i E ft ' B- U V' l fl L I VS.? M.- .8 7.y.-. fJT against their using Tibetan religious manu- ' X&vj g'vi I j Ty g ? j is Are Restricted partment. It also handles pro visions outlawing intimida tion of voters by anyone and limiting individual campaign contributions In federal elec tions to $5,000. The second type of banned activity is taking "any active part in political management or in political campaigns." This section is enforced by the civil service commission and does not carry criminal penalties. But violations can cost a federal worker his job, or at the least, suspension. One issue that commission PASS TRADING Trade between Nepali and Tibetan traders through mountain pass es along the Tibet-Nepal border arc re ported to be supplying Chinese Communist held Tibet with such items as gasoline, allowed to wear Tibetan clothing were when louring Russian officials were brought to the school on visits. About the only bright spots were the relatively good pay and the constant companion ship of Chinese girls, who functioned as both dates and political indoctrinators, Gy atso recalled. Gyatso said he was shipped ; ! j ; i ; ; ; : , ' - For Full Information CALL . . OREGON l officials regard as "a toughie" is the question of federal em ployees wearing political but tons or pasting campaign stickers on their cars. Buttons and stickers are not prohibited but commis sion regulations say "it is re garded as contrary to the spirit of the law for the pub lic servant to make a parti san display of any kind while on duty conducting the pub lic business." . The commission has con sidered 3.378 complaints al leging Hatch Act violations Brisk Business off to an administrative post. t the town of Chu-Sura 40 miles west of Lhasa in 1959, after the Chinese crushed an I abortive Tibetan revolt. Spy on Residents He said his chief duly was to spy on Tibetan residents of the town and compile lists of Tibetans who harbored anti Chinese feelings. Gyatso said he first aroused the suspicions of the Chinese in Political Activity by federal employees since 1940. Its investigations re sulted in the removal of 220 workers and 321 suspensions, most of them for the mini mum 90-day period. On the state and local level, punishment for viola tions sits less heavily. The commission can recommend, but not require, the discharge of a violator who does not work for the fcderr.1 govern ment but is covered by the law. If the state or local govern ment won't fire the offender, the commission's only re- HI kerosene and steel. Since India is the chief supplier of these items to Nepal, there is suspicion In India that her own goods are being used to strengthen frontiers of rival Red China. (UPI) Tibet by protesting against Chinese using Tibetan religious manu scripts as shoe soles. He told interviewers here he arranged a vacation in his home town, where his fellow Tibetans welcomed him and got up a petition asking his transfer there. This aroused more resentment among the Chinese and he fled by night over the Nathu La Pass Into Sikkim. . 773-7220 MEDFORDMaTRIBUNE SUNDAY. OCTOBER course to withhold from federal aid payments an amount equal to twice the violator's yearly pay. Not Heavy Punishment This apparently is not re garded as heavy punishment, especially because it is impos ed only once, whether the worker continues his viola tions or not. Also, the penal ty often represents only a small part of the federal aid. Thus, both Alabama, in the recent case of Highway Direc tor Sam Englehardt Jr., and Illinois, in an earlier case in volving former conservation director Glen D. Palmer, chose to take the monetary penalty rather than discharge the official. Alabama lost $30,000 from its federal highway aid be cause Engelhardt held the dual posts of state highway chief and stale Democratic party chairman. He still has the state job, but has dropped the party post. Trying to Appeal Case The state is trying to appeal a federal court decision up holding the penalty. The Illinois case was set tled this summer after several years of litigation. Illinois lost $24,000 in fed- ! eral fish and game aid be cause Palmer was both state , conservation chief and a coun-1 ty Republican chairman dur-; ing the period 1958-60. He left j office after the Democrats took over the state house in j lflliO, but that was too late to satisfy the law. ; ... In all, the commission since i 1940 has looked into 801 com- plaints about political activ-; lty by state and local officials, i During that period, it order- j ed 58 removals. i The commission also estab lished violations in 73 other cases but did not find suffi cient cause for removal. The rest of the complaints were dismissed. On this record, some ob scrtcrs contend the commis I sion has only scratched the I surface in enforcement at DEER HUNTERS! Let us process your deer this season. Custom Butchering and Cold Storage VALLEY LOCKERS & MEATS ormon' Budd Carr Granvil Brittian 7. 1962 the state and local levels. Of ficials do not deny this. But they point out the commission has only $83,000 a year and three full-time attorneys to enforce the law. In Charge of Enforcement Lawrence V. Meloy, the commission's general counsel, has been in charge of enforce ment since 1952. He person ally screens complaints and decides which should be fol lowed up. The commission acts only on complaints and docs not go into the field looking for violations without evidence of their existence. Meloy and his small staff feel that the state cases which have been carried through have had a good effect In re straining violations. Meloy feels Congress would appropriate more money If it wanted tighter enforcement. And there seems to be some merit to this. Most attempts to change the act in the last two decades have been direct ed toward easing, rather than tightening its restrictions. 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