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."