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About Herald and news. (Klamath Falls, Or.) 1942-current | View Entire Issue (April 17, 1963)
PAGE 6 A HERALD AND NEWS, Klamath Fall. Ore. Wednesday, April 17. 19G1 EDSON IN WASHINGTON Jferal&an&eltf difcftiaL (paqsL Thresher Loss Mourned The charmed life of America's remark able nuclear submarine force is over. There is terrible irony in the fact that tragedy has struck what may have been the Navy's greatest submarine of all time the powerful USS Thresher. It was the world's fastest and deepest-diving undersea craft. Only the families and friends of the 129 men aboard the Thresher can feel the full weight of this sudden disaster. For them there is no comfort aside from the knowledge that this nation is immensely grateful for the service the lost men per formed in this critical arm of the country's de fenses. Those linked in any way with the life of the suhmarincr understand that the threat of death is always present. In this instance some are perhaps finding a small crumb of solace in realizing that the Thresher's evident plunge to a depth of 8,400 feet would have brought death quickly to all on board. No submarine is built to withstand such pressures. The Thresher's skipper, Lt. Cmdr. John W. Harvey, was a veteran of atomic subma rines, having served on three others, Includ ing the Nautilus, the illustrious first among Counsel For The Defense (The Ntw York Timet) Twenty-five years ago the Supreme Court held that every person who faced a criminal charge in the federal courts and could not afford a lawyer was constitutionally entitled to have one provided for him. But when it faced the same question in the state courts which try most of this country's criminal cases the court required counsel only in capital cases and those involving "spe cial circumstances." This week the court wiped out what it rightly called this "anachronism." Justice Black surely spoke for enlightened opinion generally when he said: "In our adversary system of criminal justice any person haled Into court who is too poor to hire a luwycr cannot be assured a fair trial unless counsel is provided for him." Declaring a constitutional right to coun sel is, however, a long way from establishing a working system to provide effective counsel for every needy defendant. Even in the Fed eral courts, 25 years after the right was de clared, it is still not assured in any systematic way. Lawyers, often young and inexperienced, IN WASHINGTON NLRB By RALPH de TOLKUANO A recent decision by a Nation al Labor Relations Hoard trial examiner holds that management was "unfair" becauso it was too persuasive in presenting its case to its workers. Tlio Tuft-Hartley Act guarantees to an employer rights of free speech which were denied by the Wagner Act. This new NLRB doctrine that an employer may speak to his workers only insofar as he is not persuasive is a clear violation of the law. It is part and parcel of a new NLRB philosophy which holds that management, tliough abiding by every single clause of the lalwr statutes, may still be bieaking the law as a whole a concept which would have a rough time in the courts. The NLRB,. however, has little concern for the niceties of law or proper procedure. Its members have been known to issue state ments prejudging cases before all the evidence Is In or any de cision has been arrived at. The NLRB, In fact, considers itself a law unto itself and this is true whether it is ruling in favor of lalwr or against it. There was a time when, in its early days, the NLRB was inlil dated by those known then (and now proven I to be Communists. They have sinco made the rounds of the Congressional investigat ing committees drearily hiding behind the Filth Amendment but carolully refraining f rem denying the mountains of evidence placed in the record against them. During Uiis period, the NLRB ruled consistently in favor of those CIO unions tlien under Commu nist control. The AFL unions shouted long and lustily but they were ignored. In IMS. after the loyalty-security program had be gun to clear Reds out of govern mentand after Taft-Hartley had given Hie CIO a mechanism for cleaning its own house of Commu nists and their stooges lalxir and the NLRB entered Into a honey moon period. L'nder the Eisenhower Admin istration, the NLRB was not so openly anil-management much America's nuclear vessels. He belonged to the distinguished company which twice made undersea voyages to the North Pole. Nor should it be forgotten that the Thresher carried 17 civilians, specialists who were busy judging its performance on this fateful train run out of Portsmouth, N.H. For all the attention given our growing number of missile-bearing Polaris subma rines, the undersea force today is still too much an unheralded wing of our defense. Yet it is not improper to say that in this age of fast-flying missiles and supersonic air craft, often amazingly sophisticated in search ing out targets, the hard-to-detect submarine is a great bulwark of our security. One could fairly argue that our subma rines Polaris, nuclear "attack" vessels like the Thresher, or conventional craft are now the backbone of a Navy that has magnified its usefulness while shifting its functions in a greatly altered defense world. Americans make sad tribute to the offi cers, the men and the civilian specialists who went down with the ship which was to have been one of the brightest links in a superb protective chain vital to us all. are picked by judges to serve without compen sation, even for out-of-pocket expenses a system that is fair neither to the lawyers nor to the defendants. A committee named by Attorney Gen eral Kennedy and headed by Prof. Francis A. Allen of the University of Michigan Law School has recently drafted a broad solution for the problem in the Federal system. It rec ommends that every Federal court be re quired to appoint a paid public defender, paid appointed counsel, use the services of a legal aid society or adopt a combination of these approaches. Counsel would have funds for such'esscntials as investigation and hiring expert witnesses. Legislation, to effect this reform, long overdue, can be enacted without partisanship. The Kennedy Administration is giving its sup port. Such enlightened Republicans as Repre sentative Lindsay of New York have done pioneer work. Without effective counsel for the defense there cannot bo a fair criminal trial. Congress has a great chance now to meet this need in the Federal courts and, while doing so, to pro vide leadership for the States. Overreaches Powers to the AFL-CIO's disgust. But it has since returned to its hand holding Hays with organized la bor. It now considers itself a kind of labor Supreme Court w hich liko the original product, can leg islate and executo its own laws. The question arises, however, us to the function of the NLRB. Is it proper for an appointive and administrative body to serve as judge and jury in cases in volving labor disputes, to inter pret the statutes us it wishes, and to upset the Constitutional provi sum that HI the uccuscd is in nocent until proven guilty and that i2 tlio judicial process is reserved to the courts. Presumably, the NLHIi w a s to have served as an umpire in labor management disputes. Its powers have grown so that it now sits as a kind of kangaroo court to im plement tho decisions of trial ex aminers who arc all loo frequently tied in one form or another to the labor movement. Labor law, until it had been muddied up by tho Nl.Ult, was relatively clear. It would seem that liko all other law, the crimes it defined, when committed, should have been prosecuted by the Jus tice Department. If General Mo tors or General Electric Hie two most uiiHiHilar generals on the New Frontier violated llie la bor management statutes (Ih-ii. on complaint of the union involv ed ami alter a grand jury indict ment had Ihh'ii handed up, the Attorney llcnei.il would have the right and duty to prosecute. Instead, at considerable cost, tin- NLItll holds hearings at which labor and management present their cases to a trial examiner, then the NLRB reviews, and if either party is dissatisfied, the matter can then go to court where the whole process is repeated, though guided now by rules of evidence and Constitutional safe guards. The point, however, is that Uie aggrieved parly usual ly management must then Ini tiate a suit ami prove its inno cence of charges made by the NLRB. This adds unconstitu tional insult to tinamial injury. In denouncing compulsory union ism. Franklin D. Roosevelt once said that to force a worker to join a union would be "loo much like the Hitler methods toward labor." The NLRB is the main stay of compidsury unionism, al though the rising tide of opposi tion to the union shop which per petuates this practice has slowed the bureaucrats down. If the NLRB were abolished, matters of labor law would be decided by the courts. Unions that protest loudly of "unfair" labor practices every time they lose a bargaining election would think twice before they made a formal complaint to the Justice Depart ment. And the Attorney General would hardly tie up the courts with unsubstantiated complaints. Then collective bargaining could proceed on the basis of mutual respect and not in an atmosphere in which the unions can always threaten to call in Big Brother -the NLRB. Al manac lly United Press International Today is Wednesday, April 17. the luTth day of PH13." The moon is in its last quarter The morning stars are Venus and Saturn. The evening stars are Mars and Mercury. On this day in history: In 1519. the Diet of Worms ex communicated Martin Luther from the Holy Roman Church alter the burner monk refused to admit to i hai ges of heresy. In !7'.H. Benjamin Franklin died at the ace of H4 In 1W2. Capt. Joseph Kaullman ol Hie I S Air Force was found guilty by a court ni.nti.il of hav ing passed military secrets to Fast German Communists. A thought (or Hie day Itcuj.imin Franklin said: "Human felicity is produced not to much by peat pieces of good fortune thai sel dom apix'ar, as by little advan tages that occur every day." tin By SYDNEY J. HARRIS Some weeks ago, 1 wrote a little piece of fluff about the brainy father being beaten at Concentra tion by his 5-year-old daughter. The letters began to pour in, and are still arriving, about all the fiendish little children who delight in humiliating their ciders al cards, games, puzzles, and other contests of perception and memo ry. The most interesting letter, how ever, came from a man in Florida who is a retired magician of con siderable professional standing. He wrote, in part: "W hen 1 was performing sleight - uf . hand, and similar feats, it was always easy to fool the adults in fact, the more in telligent and educated the adult, the easier he was to fool. College professors were my favorites. "But any child under 12 is poison to a sleight - of - hand man. The child is not distracted by pallor, the way an adult is. Ho keeps his eyes focused on the right card and the right hand, and. the slightest hesitation or fumbling is immediately evident to him. Growing up seems to be largely a process of diluting our attention, and diffusing our per cepUons." As we grow up, our field of vision expands, our minds (an out las it were), and many peripher al objects claim our attention. The quantity of our comprehension increases, but the quality goes down. We "see" what our sophis tication has trained us to see, not what is really there. This is why the intelligent and educated spectatur is so easily taken in hy sleight-of-liand. He has taught himself to look for Winged Creatures ACROSS Singing bird Windless insect Bird bill 4fl Masseur's forte 49 Wash lightly 53 Boundary t comb, form 54 House servants 56 River (Sp.) 57 Organs 58 Ciuido's notes Harness part Antarctic tea Kks NcRlected items Seme 59 reminine nickname AO Florida county 61 Plexus DOWN Pronoun 2Chibchan Indian 9 Exude 4 Homes for winged creatures 5 Weekday (ab.) 6 Glanced 7 Theow fl Property Item 9 Person of no account Pull finish Retainers Without (latin) KnliRh coal measure Cover Bows iltRhtly Pierce Ascended Press Invent Huner European stream Pace Sweet potato Referee (ab ) Paradise 12 3 4 H Is It ii 1 li o lu 72 75 7i 15 16 T7 Ta rii9 20 i! LJ 32 33 34 35 35 37 38 rirlr r"4i 46 4 " 4d hfe bO bl 52 S3 54 5a " " 55 37 38 55 33 31 NtUM'AI LK Cross in the Deep , i" 1 ' " I wmm mtmiiu iii SSSSSsXSSt J ' -x-f ;i ' STRICTLY PERSONAL subtleties, for shadings of differ ence, for a certain patterning of expressions and gestures and reactions. The child, unsophisticated in this regard, looks only for the ob viousand the obvious, of course, is most hidden from sophistica tion. Poc's classic little tale, "The Purloined Letter," is an excel lent example: a pile of letters is the first place a child would look for a hidden letter, and the last place an investigating adult "would look. We laugh at our children's sim plistic solutions of war and peace, and we say that the children do not understand the complexities of the world situation. But we are Hie ones who are distracted by super ficial factos, and it is the child who concentrates on the fact of' death and the foolishness of adult conflict. What else can it mean to say that "a little child shall lead us."? THEY SAY... I thought a few months ago that Kennedy would be impos sible to defeat. I don't think so now. Sen. Barry Cnldvvater. R-Ariz. If you thiuk Hollywood is dead, you should walk around Rome. Paris or Madrid and see what's going on in motion pic ture production. In Paris you can shoot rabbits on the sound stages. Producer Darrvl F. Zanuck. Answer to Prtviou PutxI 10 Alwavs 11 Klving mammals 1(1 Nets 20 Some winged creatures are 22 Roman date 24 Hail 25 Irked 26 Pastime 2R Rescued 30 Scope M Road edce .13 Forefathers 3-i Small candies 40 Abounded 4;l Lost clarity 45 Chemical suhntance 4fi Dawn ipoet 47 Operatic solo 48 Spanish painter f0 African river M Begone! frJ t:enlial being 5o Manner's direction kMLKl klsE Ass.S. -k J?S& Iff LETTERS TO THE EDITOR Proper Blame Head your editorial "Common Thieves" of April 8th, 1963 on page 6. It was all so true except you overblamed the registered guest by 75 per cent at least. I agree lots of "articles walk off" but the largest per cent of missing articles are taken by people vis iting your registered guests in units, such as friends, guests and relatives and motel hired help. Those common thieves have read and heard so much about "guests walking off with articles" that they know they are perfectly safe in helping themselves as it is an old thing to blame, 'guests. Deplorable situation. We find the traveling people and working men passing through are very thoughtful people except for very rare cases. ' G. R. iloon, Parkway Motel-Trailers, 828 N. 4th St., Lakeview, Ore. Gas Tax I read a news article last week where there was a proposal that the State of Oregon give the City of Portland a million or better dollars. This money was to come out of the State Gasoline Tax Fund. The money was to aid them in bringing the Olympic Games to Portland. This sort of raised my eyebrow wondering how come they had such a gas tax surplus to use lor things other than highways. In tonight's Herald and News pa per. Wednesday, April 10th. the highway commission has reversed itself wanting (0 add one cent a gallon tax and increasing license Ites $3. Reason stated lor increase was the Highway Commission hasn't the money to construct or repair our have not highways such as 101. News items such as above makes the motorist and taxpayer wonder just what is going on. Also has quite an effect on his voting at a later date. E. J. Drew. Other Editors Say . . . Highway Murder (The Sacramento Rrr) Taking note of an appalling 17 er cent increase in highway deaths in unincorporated areas litis year as compared vviih 12. Gov. Kdmund G. Brown properly has called for drastic tightening of traffic law enforcement He wants an increase in the highway patrol, the use of radar to stop speeding, live use of un marked patrol cars, chrmu-al tests lor those accused of drunk driv ing and the mandatory use of seat belts In addition the governor ap pealed to judges to ho more strut in imposing penalties against fla grant law violators. The alarming increase in traf fic fatalities is prima facie evi dence that not enough of an ef leclive nature is being done to reduce tlx toll of deaths and injuries. Obviously the use of slogans, appeals to common sense and wrist slapping penalties for dan- Observers Predict Victory For Byrd By PETER EDSON Washington Correspondent WASHINGTON' i.N'E.V - The consensus at the black tie dinner hunoring Harry Flood Byrd's 30 years of continuous service in the U.S. Senate was that the Virginia gentleman apple grower will run lor re-election in 1!64. "If he doesn't, all hell will break loose in Virginia among the people who want to succeed him." one Old Dominion official put it. And if that happens, the famous Byrd political organization th? most effective but the loosest-knit political machine in the United States, built aruund the personali ty of one leader might well fall apart. Byrd will be 76 in June. If he runs he will be re-elected, and he would be 83 at the end of another term. But as Virginius Dabney, edi tor of the Richmond Times-Dispatch, said to unanimous ap plause: "I hope he runs for an other term in 1964. Any man who can climb Old Rag Mountain ev ery year, leading younger men, is able to serve a sixth term." Byrd did announce that he would retire in 1958 at the end of his fourth term, when he was a mere 71. But all his cohorts and fol lowers demanded that he run again. And in that connection, Vice President Lyndon Johnson told tills story: Among those who went down to Richmond to make impassioned speeches that Byrd should change his decision not to run was the late Sen. Robert S. Kerr. D-Okla. As ranking Democrat on the Sen ate Finance Committee, Kerr might succeed to the chairman ship if Chairman Byrd retired. Three days after Kerr pulled all his oratorical stops in an appeal that Byrd must run for re-election, the withdrawal was withdrawn. And the crestfallen Kerr came to Johnson, who was then majority leader to ask, "Why do you reck on Harry changed his mind?" Johnson in turn asked his long time desk-mate Byrd and got llie cryptic reply, "I just couldn't let Bob down." "It was the only time." Kerr commented later, "that Harry Byrd ever paid a damned bit of attention to any of my speeches." These were just a couple of the highlights at the Smillil'ield By FULTON LEWIS .lit. There is bad news that Presi dent John Kennedy must soon convey to his latest pen pal, In dia's Jawaharlal Nehru. For many months now. t h e Chief Executive has exchanged personal letters with Nehru, when he considers a statesman of the first rank. Mr. Kennedy must break the news that not every body in Washington agrees. Congressional leaders on both sides of the aisle are whetting their axes for an all-out assault on the foreign aid bundle car marked (or Nehru. To date, India has received from this country more than $4 billion. Angry solons complain that Uncle Sam has received noth ingsave the back of Nehru's non-aligned hand in return. Not even the Indian invasion by troops of Mao Tse-tung has soft ened congressional feeling toward the world's premier neutralist. Georgia's Richard Russell, pow erful chairman of the Senate Armed Services Committee, says that Nehru's troops "put on a disgraceful exhibition in permit ling themselves to be driven out of what should lie impregnable strongholds in the border moun tains." He opposes U.S. military a i d to India since "modern arms will just tall into Communist hands." A Michigan Republican, Rep. William Broomlield. has complet ed a personal review of the Sino Indian conflict and has discov ered the reason Nehru's troops were so humiliated. He points out that at the very moment that Chinese soldiers first poured onto Indian territory, the best Indian troops were stationed on the Iron tier of Kashmir, the Moslem ter- gorous offenses are inadequate lo hall the carnage Governor Brown's recommendations to the legislature are all to the good from an enforcement point o( view, although grave doubt arises as to the constitutional propriety of mandatory chemical tests for drunk drivers. This in effect is compelling a person to testify against himself. Many more judges must wipe off their spectacles to look at traffic violations for what they arc a threat to human life anil to deal with them accordingly. Even one who speeds, drives while drunk or commits other dangerous traffic violations is a potential killer, no less. 'Virginia' ham and 1 imported champagne dinner which. the Reader's Digest gave for some 300 of Byrd's colleagues and ad mirers to mark a month late the 30th anniversary of his origi nal appointment to the U.S. Sen ale. March 4, 1933. "Just think of it," said the Di gest's executive editor Hubart Lewis, who presided, "Senator Byrd has been down here hold ing his finger in the dyke all this lime. We "Wanted to title an article about him, 'Profile in Courage.' but decided not to." Bernard Baruch, now 93, came up from South Carolina to honor the 75-year-old Byrd with this tribute: "If Diogenes had lived in this age, he would have put out his lantern and gone home, happy to have found his hunest man." There were about as many Re publican senators at the dinner as Democratic senators, w; h i c h was only to be expected. Because that's the kind of following and appeal Harry Byrd has. Sen. Everett M. Dirksen spoke for the Republicans, and also as a Virginian, because, as he said, his opponents back home in Illi nois had accused him of being a "fugitive" when he built a house near Lecsburg, Va., "a $350,000 es tate," they charged, though it was all on one floor. "The Senate has just conferred on Winston Churchill the citizen ship of the United States," said Dirksen. "We have no titles in America, but we have a nobility which has to be earned. And you 'Senator Byrdi are of the nobility of free men." There were other tributes ga lore which the senator modestly said ' later he did not deserve, though they filled his heart. At the end they gave the sena tor a golden apple because, as Lewis said: "We hope all your endeavors will bear fruit and that all of your days will be golden." "I hope these can be raised on my trees," said Byrd. Somebody had pointed out earlier that in all his years as an apple grower. Byrd had never taken one soil conservation payment from the government and had never sold the government one apple. That characterized him as well as anything said all evening. WASHINGTON REPORT . . India Foreign Aid Faces Congress Cut ritory that Hindu India occupies by force. Saville Davis, an astute observ er for the Christian Science Moni tor, lust month characterized the Nehru defense policy as: "The stationing of most of In dia's army with its best weapons on the frontier of Pakistan while leaving the Chinese Communist frontier virtually undefended ex cept by the interposition of pa trols and some half-hearted de ploying of pathetically under equipped forces." Summing up the reasons for In dian defeats of last year, Davis noted the refusal of Nehru "to make concessions to Pakistan in Kashmir to free the Indian troops so they could face the Chinese." There is little doubt, incidental ly, that India has been in the wrong in the Kashmir dispute. For 15 years, Nehru has refused to implement a promise to allow free elections in Kashmir because its Moslem voters would undoubt edly choose to align themselves with Pakistan, not India. Again last year, Pakistan tried to negotiate a settlement with In dia. The Pakistani ambassador to the United Nations asked that anyone, even an Afro-Asian '.'neu tralist," be appointed to do anoth er investigation of the Kashmir situation and make recommenda tions for settlement. On June 22, India rejected an Irish resolution that reminded both parties of the promise of lice elections made in 1948 and 1949. lt asked both sides to en ter into new negotiations and to retrain from aggressive moves against each other. A Soviet veto defeated the res olution in the Security Council. The United States supported it. Note: Congressman Broomlield savs that an per cent of Nehru's army is poised 011 the Kashmir, not Chinese, frontier. He opposes turther aid to India until a Kash mir settlement is reached. He S.i V s "I cann-tt see how. under pres ent circumstance-, the supply of massive US. military equipment ian serve to strengthen India's dc.cnses against the Chinese Com munists On the contrary, con tinued U S. military aid to In dia cou'.d only serve to make Mr. Nehru more determined in his resolve no! Ui make concessions in the Ka.-hmir dispute, which in turn will make the dispute itself more difficult to settle."
