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(pje Xtwninn fsfar With Sunday Morning Edition Published by THE EVENING STAR NEWSPAPER CO., Washington 3, D. C. SAMUEL H. KAUFFMANN, Chairman of the Board CROSBY N. BOYD, Proiident NEWBOLD NOYES, Uitor BENJAMIN M. MtKELWAY, Editorial Chairman A-8 No Jury Trial? The Supreme Court has been asked to decide whether Mississippi’s Governor Ross Barnett is entitled to a jury trial on criminal contempt charges pending against him as an outgrowth of last year’s rioting at the University of Missis sippi in the Meredith case. The Fifth Circuit Court of Appeals divided 4-4 on the question. The four ap pellate judges advocating a jury trial said that “it is much less important, in the judicial scheme of things, that Gov. Bar nett should escape being fined or jailed for his publicly demonstrated contempt of a valid oiyler of this court {does this mean that he has been found guilty prior to any trial?{ than that he should be denied the jury trial which he has demanded.” The four judges on the other side took the position that the Supreme Court has already held that “criminal contempts are not subject to jury trial as a matter of constitutional right.” • The Supreme Court’s decision will not be influenced by our view of this matter. And it should not be. Nonethe less, we feel strongly that the attempt to bypass a jury trial for Governor Barnett on this criminal charge is both stupid and unjust. There is a strong probability that a Southern jury would be sympathetically inclined toward the Governor, although this would not necessarily be the case. But what of the other side of the coin? The prestige of the Federal courts Is at a low ebb in the South. To put It more bluntly, a great many people in that area have lost confidence in the impartiality of their Federal judges. And the no-Jury trial attitude of four of the appellate judges, if Governor Barnett should be found guilty without a jury trial, will simply add to this loss of respect and confidence. In the long run, this could be a very serious matter. Our feeling is that the four appellate judges who favor a jury trial “in the larger interests of the judicial scheme of things” are both right and endowed with more wisdom than their dissenting colleagues. It is entirely conceivable that a Southern jury would acquit Governor Bamett of criminal contempt when he should have been convicted. It should not be forgotten, however, that civil con tempt charges, with respect to which there is no question of a right to a jury trial, are being held in abeyance. Furth ermore, the concept of the right to a jury trial on a criminal accusation is deeply implanted in the American mind. Federal appellate judges, Insulated, as they should be, from the pressures of public opinion, may be indifferent to this con sideration. But the case of Governor Bar nett really is more of a political than a judicial controversy. In our belief, it will be better if he has the benefit of what most people, especially the people in the South, will think of as a fair trial— and this, we believe, meaiis a trial by a jury of his peers. If this should result in an unwarranted acquittal, the civil contempt charges, as we have men tioned, still remain to be heard. It's Not Funny Since his election as Michigan’s first Negro Congressman in 1955, Representa tive Charles C. Diggs, jr., has fought racial discrimination wherever he has found it—but always fairly and with a high degree of Intelligence. We recall his expression of outrage a few years ago, after witnessing a gang of young Negro hoodlums viciously beat and rob a Negro man in an assault at Logan Circle. Mr. Diggs described the attack ers in a House speech as “a pack of wolves,” and urged the Negro commu nity of Washington to assume a greater responsibility in the fight against local crime. For this suggestion he was criti cized by some within his own race. It is the more ironical in view of this fair-minded attitude that Mr. Diggs hap pened to be a guest the other night in the home of an NAACP leader in Clarks dale, Miss., which was the target of flam ing home-made bombs thrown by two young white men. Fortunately these punks have been caught and are now in jail. Their explanation was that they were “just having fun”—to which there is only one answer. There is nothing funny about the incident, and the judge who hears their case should Impose a sentence which will leave no room for doubt on that score in their minds, or in the minds of anyone else. Three Blind Mice John H. Hiser, that well-known font of wisdom on regional politics, unbur dened himself of the profound observa tion the other day that the Washington Metropolitan Council of Governments “started out to be a good-will, Dutch treat luncheon club, but now it’s just pyramiding into a great bureaucracy." Accordingly, Mr. Hiser and two of his novice colleagues- on the Montgomery County Council cast votes which reaf firmed their earlier decision to scorn membership in the Council of Govern ments—a position in which Montgomery stands alone. It is entirely true that the council did little more than discuss mutual problems in its early days—and has not, in fact, become a real ball of fire since then. But the fact that Its members now are showing some desire to expand their activities into more meaningful forms of regional activity is not bureaucracy. I ' v f MONDAY, APRIL 15, 1963 It is a sign of growing mutual trust and political maturity which has evolved from experience. These, of course, are traits which Mr. Hiser and some of his associates could not be expected to possess in abundance at this Infant stage of their political lives. But one need not abandon hope. Some time ago the council dele gated Dr. Thomas M. Wilson, among its members perhaps the most dubious about the Metropolitan Council, to sit with the regional group. Dr. Wilson has participated fully and Intelligently in the discussions, and has come to the conclusion that Montgomery would be foolish to withdraw from the metropoli tan community. A similar experience and exposure might serve to open the ' eyes of his colleagues. The Change in Canada Although the mechanics of actually transferring power and reaching a re liable partnership with a minority bloc are still to be worked out definitively, Lester Pearson appears certain today of the privilege of heading a new Liberal Party government in Canada. The prospect is one that is reassuring to Canada’s neighbors on this side of the frontier and to the many personal and official friends who remember Mr. Pearson from the time when he was a popular Ambassador in Washington. As for the formalities of trans ferring authority, Mr. Pearson and resigning Conservative Prime Minister John Diefenbaker should have no dif ficulties. The fact that the Liberals are still three seats short of an out right majority in the House of Com mons, however, leaves them dependent on voting help from some other source. A bloc of six members of the Social Credit Party promised this support last week. While some of these have since expressed qualifications about their position, Social Credit spokesmen have given further assurance of help to a Liberal Government. This is, however, a rather surprising turn in the intra-family politics of our good neighbor to the North, and was so described by one Liberal Party spokes man, Lionel Chevrier of Quebec. Mr. Chevrier added, also, that he was parti cularly pleased because “there are no strings attached.” It will be interesting if this is so. The Social Credit Party is usually described as a rightwing political movement. In some ways it is. It favors a balanced bud get, curtailment of the national debt and elimination of many welfare pro grams. But it proposes to accomplish these objectives in rather strange ways— by having the government create enough money so there would not be a budget de ficit, by repudiating much of the present national debt, and by direct government handouts to most people in need. Its poli tical strength is concentrated largely in the French-speaking Quebec area, still resentful of wartime conscription. Actually, the six who have promised to support Mr. Pearson—except possibly on the issue of nuclear armaments for Canada—have professed the best of mo tives, namely, to assure the country of a “stable” government. Since the moder ately left-of-center New Democratic Party seems to be in about the same state of mind, Mr. Pearson and his Liberals ap pear to be in good shape. It will be their problem to figure out how to deal with their friends and supporters in Parlla-- ment. George Mason College Those citizens who have worked long and assiduously for facilities to house the Northern Virginia branch of the University of Virginia, and who felt that the State Legislature had appro priated adequate funds to finance the first stage of construction, were rudely jolted when the construction blds were opened some time ago. Even the lowest bld was about SBBO,OOO above the amount made available by the General Assembly. Under the circumstances, Governor Har rison had no choice but to reject them all. No purpose is served by pointing the finger at Individuals. It is evident that the requirements presented to the Legis lature by State officials were grievously underestimated. The important consid eration now, however, is that the threat of an Indefinite setback for the George Mason Branch College apparently has been averted through the good offices of Governor Harrison. After hearing a full explanation of the dilemma by a delegation from the Northern Virginia region the other day, the Governor ordered the university and the State budget office to make as many reductions in cost as possible without sacrificing the basic Integrity of the college design, and immediately there after to seek new blds for three—and possibly four—major buildings. There is a possibility that funds earmarked for the eventual construction of the college library may be used for the initial construction. In any event, Governor Harrison reportedly expressed determi nation to see the first phase of the plan in operation by the fall of 1964. This is good news. The construction now proposed is only a small portion of the physical plant which ultimately will be needed to accommodate students from this region. And the rapid popu lation growth in Northern Virginia is warning enough that there is no time to lose. —1 ■dOOSa 'Hope He Doesn't Forget to Mention Me!' Person to Person Adrian Roberts, national vice president, D. f C. area, American Federation of Gov ernment Employes, in an swer to my letter protesting against a Federal program of union dues check-off, ac cuses me of thinking in terms of 1900 accounting methods. He apparently overlooked my reference to the extra work load and cost in electronic data processing. The card would have to be redesigned and the tabulator hookup changed. This will happen at hundreds, maybe thousands, of installations. There will be continued additions to and cancellations from the dues collection list. The account ing job is not a one-shot af fair. I did not predict that the unions will be required to pay part of the union dues collection. Joseph Young, of The Star, has already stated this as a fact. I did predict that union stewards will pressure non-slgners, and I sincerely believe they will do this regardless of laws, or ders and regulations to the contrary. Union dues collec tion by the Federal Govern ment is not a service which, in my opinion, benefits the majority of the public and. therefore, is not in the na tional interest. I strongly ob ject to the use of even an infinitesimal part of my tax money for an unnecessary program of limited scope. Even if a percentage of O/d Techites—True Sons of Tubal Cain—Are Stirred As a native Washingtonian and an old Techite, may I add a few thoughts in retro spect to those expressed in your editorial and the letter of E. B. Henderson on the old days at Tech? I write of its earliest days, when Dr. Myers was principal and Mr. Hecox was our machine shop instructor. After classes, ths latter gave his time to coach all of the teams—foot ball, baseball, track and even crew. Yes. we had an eight oared crew that practiced week ends, using facilities of the Potomac Boat Club, which was no short distance from Tech before the auto mobile. We, as students, were proud of our teams, for they made an enviable record de spite the handicap of no gymnasium, no track and no practice field. Classroom facilities were inadequate from the day Tech opened its doors and remained so, despite erection of the addition on Seventh street, three or four years after the original building was opened. I can recall hav ing classes in the old Henry Grade School at Seventh and P streets, the Business High School, now tom down, and in rooms over Mooney’s lunch room across Seventh street. We walked to and from these classes, regardless of weather, and made a schedule so as to avoid going to the wrong building. Yet these inade quacies in facility did not engender complaint, affect our pride in Tech or dimin ish the opportunity to get a well-rounded high school education. The curricula pre pared its graduates for im mediate employment or en trance to any of our large universities without exami nation. I recall taking four years of English, four years of math, including algebra, plane and solid geometry, plane and spherical trigo nometry, analytical geometry and college algebra; four years of shop—wood-turning, forging and machine shop; two years of art metal work, physics, chemistry, electric ity, drafting and German. The girls' "shop-work” or vo cational subjects included art, domestic art and domes tic science. To make a fair comparison of facilities provided in the days of separate schools, one must compare the facilities as they then existed—not as they now exist. If this be done, it is the writer's belief that the comparison will be less Inequitable than pictured by Mr. Henderson. Armstrong High was also new and had facilities equal to those of money collected Is retained by the Government to cover most of the direct adminis trative costs of dues collec tions, the retained amount will not cover the assign able portion of the enormous governmental Indirect or overhead costs. Oscar Stlegler. I Tribute to Hoover What a pleasure it was to read the column by Jim Bishop on Herbert Hoover's new book and illustrating again the tremendous char acter Mr. Hoover has. Mr. Bishop’s column was one of the most perfect tributes I have ever seen to one of the most perfect gentlemen it has ever been my privilege to know and one of the most perfect statesmen ever to shape the fate of the United States and the world. Albert W. Highsmith. Returns Our Bow Thank you on behalf of all my colleagues on the speech and drama depart ment staff and for the Cath olic University of America’s academic family for your gracious editorial, "In De fense of Man.” Your encour agement is sufficient to energise us for another quar ter century in the rww build ing to come. God Bless you. (Rev.) Gilbert V. Hartke, OP. Dean, Speech and Drama De partment, Catholic Univer sity of America. Tech. Dunbar, when built, compared more than favor ably with Western and Business High Schools. This writer lived just five blocks from Dunbar, a number of years before and after it was built, but has no recollection of the area being swamp land. The closest approach to what might be regarded as swamp land in that area was Gleason’s Pond in the vicinity of North Capitol and Bryant streets. It disap peared when North Capitol Street was extended beyond T Street and the plant built. in making comparison be tween high school life of my time with that of the present day, I feel that emphasis was not on plant or facility but on discipline. I use the word in its fundamental meaning. There was no problem of vandalism, rowdyism or vio lence such that a teacher had to monitor the halls with a night stick in his hand. Any one entering the school went Immediately to the princi pal's office or was a tres passer. A casual observer recog nizes that many of the D. C. schools are Inadequate, as they were in my time. Then, as now, the Franklin School, built circa 1878, housed the administrative offices. But of greater importance than school facility is student at titude. Techites also attended classes “with dinning noise permeating the class rooms all day long." not to men tion wagons trundling on the cobblestones of Seventh Street. But at least one of them, like The Star’s edito rial writer, looks rather fondly on the old Tech of the first decade. Charles R Hodges. Tech, ’lB Frederick. Md. •• • • Old Techites. such as I. my wife and four children hap pen to be, read The Star's nostalgic editorial defending old Tech High School with cheering pride. Whoever wrote it was a true son of Tubal Caln, the plebeian blacksmith whose brooding image within symbolic rack and gear graced the bulletin board outside Frank Daniel's office of the principal. And in answering Dr. E. B. Henderson's plain tive letter, citing old McKin ley Manual Training School as a shabby, handed-down relic, symbolic of segregated education's disinheritance of the former Negro slave, the editorial writer must have re called the legend on that old bulletin board: Criticism is easy but art is difficult First Amendment Robert Dilks In his letter has clearly demonstrated that James Madison, an au thor of the Federal Bill of Rights, regarded a system of governmental chaplaincies as inconsistent with the non establishment provision of the First Amendment (The Star, April 4, 1963). How ever, the authority and con stitutional effect of that amendment arose not from Its introduction or sponsor ship by Madison In the House of Representatives, but from its approval by two thirds of the two Houses of Congress and its subsequent ratification by three-fourths of the States. Therefore, its controlling interpretation should be sought less in the individual views of Madison (although they are entitled to great respect) than in the general intent and purpose in regard to it on the part of Congress and the people of the United States as a whole. If the First Con gress, which initiated the First Amendment, also sanc tioned a system of govern mental and military chap laincies, and the public acquiesced therein, this would be strong evidence that the general will and intent re specting the religious clause of the amendment differed from Madison’s. Kemp P. Yarborough. St. Marys City, Md. Yes, old Central and old Tech High Schools were sep arate but they were not equal. Students of Central, located on a beautiful hilltop, were the aristocrats, with the city’s only high school stadium. But we, the blacksmiths, the ple beian sons of the bourgeoisie, never admitted Central’s su periority in either brains or brawn. Insofar as I know, old Tech's graduates never in cluded a personage of na tional stature like Central's distinguished alumnus, J. Edgar Hoover, but like true i sons and daughters of Tubal Cain, we became solid citizens of the working class. And we learned criticism is easier than art. Dr. Henderson’s letter is critical of the physical de fects of Negro schools, hous ing and playgrounds. He im plies that if the separate but-equal doctrine, ruled un constitutional by our Su preme Court, was uncompro misingly enforced, the Negro would overcome the ignominy and injustice of his political deprivation. This could be true. But here again criticism is easy and the art of the pos sible is difficult. It is diffi cult because in demanding an end to the separate-but equal doctrines of Recon struction days, the aggressive Negro leadership insists it is politically possible and de sirable to outlaw all racial separateness. The Negro leadership insists that any or all racial separateness has been outlawed. Perhaps It has, but if so, this is one ruling of the high court which is un enforceable even with vigorous prosecution and armed force. Old Tech and old Central symbolized a form of sepa rateness in education that never will die and the Su preme Court never will over rule. We received more than education in old Tech and old Central. They were more than buildings, books and teachers. They symbolized so cial graces, preferences and associations. There were cul tural exchanges, participa tions and competitions in their very essence discrimi nating. Enduring friendships were made. I married mine. But with the total Integration the Negro leadership seems to want there must be no racial separateness. Everything as sociated with education must be totally integrated. As an old and proud Techite I would remind both Attorney Gen eral Kennedy and Dr. Hen derson of the Tech motto: Criticism is easy but art is difficult, especially the politi cal art of the possible. Thomas E. Mattingly. M.D. WATCHING THE WORLD By CROSBY S. NOYFS The 'New' Nuclear Force PARIS. If they keep at it long enough it seems possible that the thinkers in the Kennedy administration will come up with a plan for a NATO nuclear force so meaningless as to be acceptable to every one. In fact this point has al most been reached in the wake of the visit to Europe of Secretary of State Rusk and Secretary of Defense McNamara last week. To judge from reports of this effort, Americans are not at all sure exactly what they are proposing. And the French are hopelessly con fused about what, if any thing, they are refusing. It is clear enough, how ever. that no one is very happy about the “interallied’’ nuclear force now under dis cussion in the NATO coun cil. At best it amounts to a still more watered down version of the original American plan for a "multilateral” mixed crew Polaris missile fleet and British proposals for a “multinational” force made up of existing nuclear arsenals. A Preliminary Step Americans, for their part, are stressing the fact that the present proposal is merely a preliminary step toward achievement of a truly integrated NATO force. Both Mr. Rusk and Mr. Mc- Namara apparently made the point that the United States has by no means abandoned its idea of a Polaris fleet despite reactions of the Allies that range from coolness to flat rejection. At the same time the Amer icans have been arguing, perhaps a little too glibly, that the French are auto matically part of an inter allied force simply by virtue of their contribution to NATO’s military defenses. Since two French fighter : squadrons in Germany are under NATO command and would be equipped with Amer ican nuclear bomba in case of war, the French are "con tributing” whether they admit it or not. By the same token West Germany, Belgium, Italy, the Netherlands and Canada also “contribute” to the inter allied force along with Britain and the United States. Now It’s Contribution In short the nuclear weap ons system which has existed in Western Europe for years under NATO command and ' American control is now being hailed as a significant new contribution to Western security and allied unity. Whatever sense or logic there may be in this claim, it is hard to see how the interallied force will do any thing to satisfy conflicting preoccupations in Europe or the United States in the field of nuclear defense. These preoccupations are quite easy to define. On the American side the major con cern is over the spread of nuclear weapons to other countries—particularly West Germany. A BOOK FOR TODAY By DONALD MINTZ Tug-of-War Between Great Powers NEGOTIATION FROM STRENGTH. A Study in the Politics of Power by Coral Mary Bell. 248 pp. (Alfred A. Knopf, $495.) Slogans and brief phrases of all sorts generally carry a considerable number of un articulated and sometimes unperceived assumptions and prejudices. If these phrases are used as guides to policy— that is, as something like logical categories—they can be misleading unless their en tire content has at some time been carefully examined and made explicit. Coral Bell, Lecturer in In ternational Politics at the University of Sydney, con siders that the idea of nego tiation from strength has not been thus examined and “has had, at least in the period under review, the true mirage like quality of some of the most effective political myths: shimmering promisingly, al ways a little farther off. across a stony waste of effort, keeping its distance at each apparent advance.” Moreover, "the idea of negotiation from strength shares with that of the balance of power (to which it is closely related > an element of built-in ambiguity in that strength may imply parity or tuperiortty, just as balance may mean equili brium (as of scales) or sur plus (as of accounts).” DR. BELL’S BOOK is his torical and analytical rather than prescriptive. The phrase to which it is devoted became prominent early in 1950 "in consequence of certain speeches by Dean Acheson (then Secretary of State) and Winston Churchill (then Leader of the Opposition).” Its rather checkered career from this, point to the present is traced with special atten tion to the involvement of both “negotiation" and “strength" in the intricacies of the domestic politics of the various members of the West ern alliance. However much one may study the turns In Western and Soviet policy during the postwar period, whatever one may think of "negotia- Quite obviously, the ideal solution would be perpetua tion of the existing setup which amounts to an Ameri can monopoly in the nuclear field. But since this is manifestly impossible, other methods must be found to bring national nuclear arma ments under effective Ameri can control. European concern is over the extent to which the United States is committed— and will stay committed—to defend Europe with nuclear weapons in case of a limited attack. There is beyond any doubt growing conviction that Europe must provide for its own nuclear force which would be available regardless of what the United States might decide to do- in an emergency. This European feeling is given its most vivid expres sion in the policies of Presi dent de Gaulle. France is not only developing its own atomic arsenal but also firm ly refuses to cooperate with any "interallied” scheme which even by implication imposes restraints and condi tions on the use of its na tional deterrent. Nor is France entirely Isolated in this stand. Whatever they may say in the NATO coun cil, the British and Germans have considerable sympathy and respect for the French position. Given this evident separa tion of interests there are predictable limitations to what any "Interallied” force can be expected to accom plish. Won’t Stop Spread Most certainly it will not prevent the spread of nu clear weapons. The French already have made it clear that whatever happens they will continue the develop ment of their independent deterrent. > It will not satisfy major European preoccupations over their own security. The transfer of American sub marines and British V-bomb ers to the NATO command does not change the essen tially national character of these forces. To rename a long existing NATO tactical force as “in terallied” does not remove it from American control and American command. It will not in the long run prevent collaboration between the countries of Western Europe to develop their own nuclear arsenal. Such col laboration seems Inevitable whatever joint projects NATO may evolve. It is motivated, not by childish curiosity or dreams of grandeur, but by a growing sense of regional unity and a very real concern over security. The best that an interallied nuclear force can accomplish is to provide a framework for cooperation between existing nuclear forces within the al liance. By bringing “contributing” nations into consultation on questions of nuclear strategy and targeting, it promises to give them a measure of so phistication in areas where they are still largely ignorant. tion from strength,” one nag ging question remains: What was there that might have been negotiable? Dr. Bell, of course, asks the question The reply is something less than satisfying. ' “In a sense it will never be possible to answer this question categorically.” she writes, “since it entails an estimate of Intention, which cannot tfe finally known: Certainly not for Russia and perhaps not even for the Western powers, since there were so many assorted and disparate intentions involved in the West.” IN ANY CASE, she feels “that time has proved mili tarily to be against the West” and that “the American aspiration to negotiate from strength came to nothing be cause the compounded plu ralism of decision-making in an alliance of democra cies vitiated the effort at strength, and the chosen concept of strength ruled out the one promising issue for negotiation.” This promising issue is presumably the status of a reunified Ger many, but it is just at this critical point that Dr. Bell’s normally clear and well-or ganized book suddenly turns obscure. She does not “contend that settlement is now readily possible, or even that it was earlier. 'But.” she continues, “in a period when the dan gers attending diplomatic negotiation have been con stantly stressed, it may be useful to point out that de lay is not enough, that the process of postponing settle ment is a process of reduc tion of choices . . . With all due consciousness of the dangers attending negotiated settlement, one must ask whether those attending set tlement by default have not proved as great.” "Negotiation from Strength" is essentially a theoretical work. Dr. Bell feels no obligation to make precise practical proposals. No one will deny the im portance of theoretical study, but most readers will never theless wish that they had been offered a few practical suggestions.