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
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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...
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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! .'..
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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
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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
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Custom Butchering
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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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