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Yale Law School Alumni Dinner, April 30, 1965
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The original documents are located in Box D17, folder "Yale Law School Alumni Dinner,
April 30, 1965" of the Ford Congressional Papers: Press Secretary and Speech File at the
Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. The Council donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box D17 of The Ford Congressional Papers: Press Secretary and Speech File at the Gerald R. Ford Presidential Library
March 12, 1965
Mrs. Luther Noss
YALE LAW REPORT
402A Yale Station
New Haven, Connecticut 06520
Dear Mrs. Noss,
In preparing my address to be given April 30 at the Yale Law School
alumni dinner, it would be helpful to have copies of remarks made
by others in the recent past to prevent a duplication of topics.
Would it be possible for you to provide me with the copies. I
will appreciate your help.
Sincerely,
Gerald R. Ford, M.C.
GRF:jm
FORD is LIBRARY GERALD
Yale Law School Reading Alumni Dim.
April 30, 1965
After November, 1960, it was said that Yale men were planning
to form a government-in-exile with a few subversives like myself who
were elected under the cloak of another diploms.
You will recall that after that institution in Cambridge pulled
off its successful coup d'etat, there were some who thought the seat of
government was going to be relocated on the banks of the Charles River.
I even know of Yalies in Washington who gave their return address
as "Elba-on-the-Potomsc."
Well, all that has changed now.
In government circles, I am sorry to say, Yale is still "out."
But, at least, it is my pleasure to report to you that Harvard is now
equally unfashionable! (Except for McGeorge Bundy, who now speaks with
a drawl.)
GERALD 1968817 R. FORD
-2-
One it was thought that the only inevitables in this life
were "death and taxes." But now it appears that this should be changed
to "death and Texas."
Of course, to be really far out, one must be both a Yale man and
a Republican. I qualify on both counts. But, to coin a phrase -- with
a little different twist -- we shall overcome.
I often wonder where I'd be today if in 1934, instead of going
to Yale Law School, I had accepted an offer to play professional
football with the Green Bay Packers -- perhaps on the Supreme Court!
Tomorrow being Derby Day at Louisville, I am reminded of
Mark Twain's insight regarding the nature of our American society.
"It were not best," he wrote, "that we should all think alike;
it is a difference of opinion that makes horse-races."
Let me say that I have absolutely no opinion, different or
otherwise, concerning temorrow's Kentucky Berby. I address any inquiry
along that line to another Yale alumnus in Washington -- the distinguished
Senator from the bluegrass country -- Thruston Morton.
-3-
When Governor Seranton was here last year, he said he would
talk on a "safe subject" -- politics! Being a peaceful man myself,
and wishing to avoid controversy whenever possible, I, too, will
stick to that safe subject.
But, as House Minority Leader in the so-called age of consensus,
I do have some ready views in the matter of differences of opinion and
dissent in 1965 America.
Difference of opinion does make for horse-races -- but for a
republic to survive, something greater is required of its citizens.
Our need is for responsible dissent.
In the Metion's Capital, we of the Republican Party recognize
the necessity of informed and responsible opposition to Johnson
Administration programs. And we mean to fulfill our function as the
Party of opposition in a constructive and responsible manner.
But, briefly, let me address my remarks beyond the Capitol Hill
GERALD
-4-
scene. For we must all recognize a growing threat posed to our
society and to the country by irresponsible expressions of dissent
in this time of national crisis.
I refer to the crisis in Southeast Asia. It should be sufficient
that our Nation's enemies know that the overwhelming majority of
Republicans in Congress, though opposed to many of the President's
domestic programs, support him in the matter of standing firm against
aggression in Viet Nam. In fact, it is worth commenting that President
Johnson might wish for an equal amount of support for his Viet Nam
stand from members of his own Democratic Party.
I consider it incredible that a source of such irresponsible
modern-day "know-nothing" dissent, based on emotional disregard for
the morality and facts of the case, should spring from a few of our
university campuses.
FORD + LIBRARY GERALD
-3-
And I consider it appelling that much of the leadership for
picketing with anti-American slogens in what at times amounts to
irresponsible mob action comes from a small minority of university
professors purporting to carry forward the banner of free academic
inquiry.
Indeed, a central purpose of universities of free inquiry in
our society is to prepare succeeding generations for the assumption
of responsibility as citizens. Whenever our educational institutions
fail to inculcate this sense of responsibility toward community and
nation in their students, serious trouble for the Republic lies ahead,
This has been the case throughout history. This century offers
tragic proof of the penalties which societies and nations pay for not
meeting this fundamental requirement for existence.
During the recent Easter week-end demonstrations in Washington,
some placards read: "Why Die for Viet Nam?"
GERALD FL FORD
-6-
How many of us remember the similar question raised by irresponsible
voices in Chamberlain's Britain, little over a quarter century ago:
"Why Die for the Sudentanland?" and "Why Die for Densig?"
We know now -- and many of us knew then -- that these pecifist
voices were serving the purposes of Mazi aggression. The placard-bearers
cried for peace -- while the seeds for Buchenwald and Belsen were
taking root.
Today, our so-called "teach-ins" and "peace" demonstrations cry
for peace-at-axy-price -- while the seeds of Communist atrecity take
root. And yet the appeasers speak for morality.
Others are concerned with the physical uncleanliness of these
irresponsible protesters. I an not 60 much concerned with their personal
hygiene as with their moral sterility. For, if we condemn public spathy
toward victims of street crimes, what can we say of apathy and disinterest
regarding victims of Communist aggression?
FORD is LIDRARY 07V839
-7-
It is, of course, an apathy and disinterest shown only by a
small, small minority of American professors and students. The
so-called teach-ins -- which I regret to say may have begun at my
own University of Michigan -- are not truly representative of the
Nation's university campuses. However, it remains for responsible
leaders of American higher education to make this fact unmistakably
clear to our people.
The well-intentioned but unrealistic placerd-carrying marchers,
who bear no public responsibilities, cannot alter this country's policy
in Viet Nom. But a danger exists that they will bring about a
damaging loss of public confidence in the aims and operation of the
country's educational system. In addition, their words and actions
may lead to a dangerous miscalculation by the enemy of our Nation's
course of present and future action. Such miscalculation by the
Communists in Peiping or elsewhere could have dire consequences for
all mankind.
GURALD FORD LIBRARA
-8-
Certainly, there must always be a place for responsible
dissent and free inquiry on our university campuses. But, as President
Nabrit of Howard University pointed out this past week, there is no
place for irresponsible disruption of academic pursuits on behalf of
forces opposed to our system.
Dr. Wilson H. Elkins, President of the University of Maryland,
expressed a similar idea, saying that respect of students for authority
and law is essential to the development of good citizenship, and the
"insidious erosion, and sometimes outright defiance of authority, is a
dangerous trend in our society."
Dr. Elkins added: "It seems clear that if any student or group....
is allowed to seize power in the name of freedom of speech, then the
universities should close their doors before rigor mortis sets in."
It is not too much to expect university students to understand
that along with free academic inquiry goes responsibility to country
GERALD
-9-
and society. And 1t is certainly not too much to expect their
professors to know and teach that the prime master of free inquiry
in Western society did not walk the streets of Athens carrying a
placard asking "Why Die for Marathon?" when his community was threatened.
Indeed, Socrates knew the answer. Re was prepared to do battle,
and if necessary, die to preserve the freedom of others.....yet my main
thesis tonight is the need for responsible dissent in the Age of
Consensus.
In the years ahead, as never before, we must beware of men with
ready answers.
For we will still have to live -- and find answers -- under moral
ground-rules that were set down twenty centuries ago and under political
ground-rules that were set down two centuries ago.
Leaving the former to the theologians, I would like to make
some comments on the latter.
FORD is LIBRARY GERALD
-10-
The American Constitution was not divinely created. The
Founding Fathers, after all, were merely mortals -- why, four of
them were even Yale men! (Harvard had only three. Though we must
admit that nine came from Princeton!)
The important point to stress when discussing the Constitution,
I believe, is not that it has been sanctified by time and tradition.
Nor need we dwell on its immutability -- it can and has been changed
from time to time. What is important is that it works. We have lived
successfully and amicably under it. In a society that has always
prided itself on pragnation, this is the ultimate test.
The keystone of our Constitution has been its system of balances --
balances between levels of government, and balances between branches of
government.
Anyone who has ever worked with balances in a scientific
laboratory knows that they are finely attuned instruments. One must be
FORD is LIBRARY
-11
constantly alert to keep them in kilter; one must make immediate
adjustments when there is a malfunction. Our governmental balances
are no different in principle.
The legislative-executive-judicial balance, as established by
our Constitution, is a simple, yet ingenious, system of insuring our
freedom.
Yet today there are disturbing signs of slow erosion in the
power of the Legislative, build-up of awesome power in the Executive,
and regrettable change in the intended direction of the Judiciary.
Each is a threat to freedom.
I think that much of today's criticism of Congress, the
legislative branch, is a manifestation of our frustrations -- the
tensions of a prolonged Cold War, the anomaly of poverty in the midst
of plenty, the complexity of highly urbanized living, the gap between
the American Ideal of equality and its realization.
FGRD is LIBRARY 07V820
-12-
"Let's stop talking and get things done!" we would like to
shout at one time or another.
But Congress, by design, is a deliberative body -- 435
representatives in the House and 100 in the Senate who must reach
majority decisions.
This criticism -- that Congress is too cumbersome, too
old-fashioned -- is basically unwarranted for two reasons.
First, because Congress has repeatedly proved that it can act
with dispatch to meet crisis. You will recall, for example, that
in the famous Hundred Days of 1933, some bills were voted into law
even before they were printed.
Second, because the advantages of precipitous action are often
outweighed by the safeguards of deliberate slowness.
In the race to the brink of decision one can easily fall over
into the chasm of irresponsibility. It is to prevent this dangerous
GERALD AUVUSIT
-13-
plunge that the Constitution provided checks and balances. It is only
proper, when one stops to consider, that Congress should reach its
major decisions after adequate research, thought, and full discussion.
After all, if the ultimate goal of government were merely speed,
we could institute a dictatorship. What could be faster than one man
giving an uncontestable order?
When the balance in Congress is steeply tilted by an overwhelming
majority in one political party -- as it fedtoday, with 294 Democrate
and 140 Republicans in the House -- our system of checks and balances
is further endangered.
This is because our two-party system, although not written into
the Constitution, builds into government an additional set of checks
and balances. Early in our history, a wise decision was made to follow
the pattern of a two-party system. We avoided the loss of freedom of
a one-party government; we avoided the chaos and confusion of a
multi-party government.
FORD & LIBRARY DERALD
-14-
Not only does a strong second party provide the electorate
with legislative alternatives but also with a remarkably high level
of honesty and frankness.
Without indulging in partisanship, I am sure we can all agree
that a strong two-party system is Democracy's life insurance --
protection for our children against any drift toward authoritarianism.
Conversely, a crushing over-balance of strength in either party for
too long will make a mockery of our traditions in government and
weaken the voice of the people.
This threat to the American system becomes even more serious when
both legislative and executive branches are dominated by the same party.
The temptation for the President's majority in Congress to simply
rubber-stamp his proposals can become irresistible. Especially when the
President is a master at the art of arm-twisting -- or as the present
incumbent calls it, "reasoning together!" The recently-passed Education
FORD is LIBRARI GERALD
-15-
Act is a case in point. We had such quick passage of a bill without
Congress really working its will that many conscientious citizens feel it
raised more questions than answers. So, we now hear talk of correcting
the flaws with additional legislation. But this is hardly an adequate
substitute for well thought-out action.
We must also remember that the burgeoning growth of Big Government
has given the President virtually unlimited resources for working his
will. Besides the increased patronage and the increased leverage of
administering massive spending programs, he now controls a veritable
army of experts, researchers and propagandists whose job it is to present
his administration in the best possible light to the American people.
Great power in a demecracy should require great self-restraint.
Yet only two weeks ago we were dramatically reminded that this is not
always the case. I an referring to April 15th -- the day of reckoning
for the American taxpayer. An incalculable number of citizens were then
obliged to go into debt as a delayed result of federal tax legislation
DERALE FORD JURARY
-16-
with political overtones. What happened was that after the 1964 tax
reduction was passed the Administration wished to bask in the sun of
voter gratitude, while muting the politically disagreesble fact that
cutting the withholding tax would leave the taxpayer with a larger cash
obligation to the Treasury on April 15th, 1965, than in previous years.
The Administration's action -- in allowing a false impression to exist --
reminded columnist Arthur Krock of a television commercial that used fake
sandpaper in a shaving cream demonstration. But in the case of the
commercial fakery, the Federal Trade Commission ordered the company to
case and desist. Nobody, however, required the Administration to do likewise.
Today, the President is king pin of the branch of government that
employs over five million civilian and military personnel, with a yearly
payroll cost of $28 billion, and a total expenditure of over $27 billion
tax dollars in fiscal 1966.
This is awesome power, indeed. And if consistently used improperly
could mean the withering away of our tripartite system of government and
GERAL
BRARY
the eventual death of the two-party system.
17-
It is also necessary to remember that while the President is
chief executive of all of us, he basically represents the views of
only those who voted for him. (Many times this has meant less than a
majority of the people.)
On the other hand, members of Congress, and particularly those in
the House of Representatives, are closer to the Nation's citizens.
They are chosen by smaller segments of the Nation. In the House they are
elected every two years. They represent every section of the country,
rural and city, suburbs, blue-collar and white-coller, every major
profession, doctors and lawyers, nearly every national origin, Protestant,
Catholie, Jew, Negro, even America n Indian.
This is your strength. It should not be diluted by an over-balance in
the executive and judicial branches of government.
While it is the duty of the legislative branch to enact laws,
and the duty of the executive branch to administer laws, it is the duty
of the third branch of government, the Judiciary, to interpret the laws.
GERALD
- 18 -
Unfortunately there is evidence that the Judicial branch is now
arbitrarily elbowing its way into new positions of authority, and
disregarding the wide suggestion of judicial restraint made by the
late Justice Frankfurter and others.
When the Supreme Court ordered the states to reapportion on the
"one-man", one vote" concept, Justice Frankfurter, in a dissenting
ipinion, was critical of an assumption by the Court of "destructively
novel judicial power."
"In this situation, as in others of like nature," Justice
Frankfurter said, "appeal for relief does not belong here. Appeal
must be made to an informed, civically militant electorate. In a
democratic society like ours," he continued, "relief must come
through an aroused public conscience that sears the conscience of
the people's representatives."
Justice Frankfurter emphasized that the Supreme "Court's
suthority---possessed neither of the purse nor the sword --
ultimately rests on sustained public confidence in its moral sanction."
GERAL
-19-
-
It seems to me that the major goals to be sought in the area
of government are two-fold. First: a sensitive balance between executive,
legislative and judicial branches; Second: a strong two-party system.
As the goals are simple and straightforward, so, too, are the
means of reaching them: a renewed sense of citizen participation at
all levels of government; alert, enlightened and unfettered news media;
self-restraint by those in positions of public trust; a general understanding
of the workings of the American governmental system, so as to be able to
detect deviations from it; and, above all, constant vigilance.
#######
LIBRARY is 07V835
YALE LAW RESORT
ALUMNI APRIL WEEKEND 30- / MAY1
x
FORD i LIBRARY GERALD
Eugene V. Rostow
THE WARREN REPORT --
Lexcetera
The Legacy of Grief
In 1955, when Eugene V. Rostow
became dean of the Law School,
this publication was only a year old.
In the decade since then, he has
given its editors encouragement
The murder of President Kennedy is
charge intense feelings, or at least con-
ill's remark that habeas corpus was the
and counsel, and a vision of what
one of those rare public events - like
fines them to safe channels. Through a
crucial distinction between civilization
an alumni magazine should be.
Pearl Harbor, for example - which are
trial, society expresses its deference to
and tyranny. Certainly the theme of his
His articles and speeches, which we
also major. occurrences in our private
the moral code embodied in the law, and
comment is burned deep in the collective
have been privileged to print, have
lives. They touch our consciousness so
its desire for primitive revenge - still
mind of this age, which knows despotism
been greatly to the advantage of the
directly that we recall forever where we
a fundamental element in the criminal
so intimately and in SO many aspects.
Law Report. Few if any alumni
were, and what we were doing, when the
law, although we are sometimes ashamed
The Great Writ of habeas corpus prom-
magazines have been able to rely
news came.
to admit it. It helps to reassure us that
ises every man accused of crime, how-
on such a distinguished contributor.
Among the memories of those days,
evil is truly exorcised, if only by locking
ever solitary or degraded, an open trial,
In this issue we have two articles
none is more vivd to me than the empti-
up poor Caliban. At the same time, a
carried on under rules that protect his
by him: a review, on the next page,
ness of streets during the hours of the
trial minimizes our anxiety about the
dignity and integrity, and those of
of the Warren Report, first pub-
funeral on Monday, while the people be-
risk of punishing the innocent, for the
society as well. He cannot be tortured,
lished as the lead article in Book
came a single congregation, united
customs of the law are supposed to
nor, in our tradition, forced to testify
Week of the New York Herald
through television in mourning the
guarantee that no one be convicted un-
against himself. He can be represented
Tribune on November 22; and his
President who so poignantly symbolized
less found guilty "beyond peradventure
by counsel; hear and challenge the evi-
speech "A Taste for Absinthe,"
so many hopes.
of doubt."
dence against him; offer evidence in his
YALE LAW REPORT
given at the Friday night dinner on
The unique power of television had
The trial has other functions. It
own defense; and have the advantage of
the last Alumni Weekend. The
other consequences, good and bad. The
establishes an official record of the
some kind of appeal, to make sure that
Volume 11
review displays the Dean's usual
world was literally flooded with reports
"facts" about an event which may be
his trial conformed to the rules of law.
lucid and graceful style. In its
of events and rumors of events, some of
one of great general concern. Its atmos-
These rules exist not only to fulfill
Number 2
historical perspective, its penetrat-
which the journalists helped to create.
phere shapes public opinion about the
our sense of the uniqueness and worth
Winter 1965
ing interpretation of events and
For journalism in all its forms, but par-
issues implicit in the drama of the court-
of the individual human being; they
clarion call to action for the better-
ticularly in its newest guise of television,
room. The trials of Dreyfus, for ex-
exist, and evolve, also to express our
Graduate Advisory Board
ment of society, it is characteristic
was part of the news, and not simply
ample, and of Warren Hastings had far-
sense of the quality of the society as a
Layman E. Allen '56
of his persuasive powers and his
the medium through which the news was
reaching social and political effects. A
community aspiring to govern itself
Frederick S. Beebe '38
sense of mission of the legal profes-
transmitted. It brought unforgettably
trial is also, inevitably, a link in the
humanely, and without cruelty.
Amory H. Bradford '37
sion. "A Taste for Absinthe," in
before us the vision of grief. And the
chain of law. Public dissatisfaction
Many of the tensions normally dealt
Elias Clark '47
another key, is "pure Rostow" in
nation stirred as it watched sad men
about the conduct of the Sacco-Vanzetti
with and mediated by a trial appeared
Grant Gilmore '43
its witty and light touch in the pre-
gravely restoring a sense of rational
case, to take one famous instance, open-
in acute form after Lee Harvey Oswald's
Walter N. Thayer '35
sentation of a serious subject
order to a society shaken by the thunder
ed the door to Justice Sutherland's
murder. Without the confrontations of
legal education at the Law School.
of the irrational. But the new dimen-
opinion for the Supreme Court in the
a trial, rumor ran almost unchecked,
Editorial Board
sions of journalism also put the institu-
Scottsboro case in 1932, and thus to the
disturbing opinion and even the author-
tions of order - and particularly those
majestic modern development of the
ity of the state. As the Warren Commis-
Executive Editor: Margaret D. Waith
of the law - under novel strain. The
Fourteenth Amendment as a code of
sion observes, "the events of these two
Managing Editor: Osea Noss
intensity of that pressure was an import-
national duties governing the way in
days were witnessed with shock and dis-
Student Editor:
ant factor in the chain of accidents which
which the states exercise their rights in
belief by a nation grieving the loss of
Alan Wesley Armstrong '66
gave Jack Ruby's madness the occasion
the field of criminal law and criminal
its young leader." The basic sobriety
Class News: Paul L. Kelly 65
for its climax.
law administration.
and good sense of American opinion
Student News: J. Anthony Kline '65
Cover: Sylvia Salmi.
In its turn, Ruby's act denied society
The public trial must be viewed in
soon dominated the atmosphere, how-
the catharsis, and the emotional protec-
other perspectives as well. It is, after
ever, as the nation rallied to its new
tion, of a public trial for Oswald.
all, the ultimate guarantee of human
President. So far as the murder of
With its ancient and familiar rules,
liberty. The act of arresting anyone
President Kennedy was concerned, there
and its ritual formality, a public trial
threatens everyone. Men have always
was tentative acceptance of the hypo-
serves many needs. It helps to dis-
understood the inner meaning of Church-
thesis that what appeared to have hap-
Page 1
pened actually did happen: that Oswald
home as they were abroad. A public
the heat of battle, in fact they trust the
Commission conducted some investiga-
to shoot at General Walker, and then to
to be found in any police court in any
and Ruby had acted alone, motivated
opinion poll reported that more than
leaders of the opposition as fellow-
tions of its own. Oral testimony was
kill President Kennedy and Policeman
city of the world, hardly the man to cast
by heaven knows what private lunacies.
half the American people believed that
members of the same tribe.
received from 489 persons, 94 of whom
Tippitt, and to wound Governor Con-
himself as avenging angel for the murder
No mobs sacked the offices of the Fair
Oswald was part of some kind of plot or
So it proved to be in the make-up of
appeared before members of the Com-
nally. He was identified by eyewit-
of a President. Neither the Commission
Play for Cuba Committee, or demon-
gang, and had not acted alone.
the Commission on the Assassination of
mission, the rest before staff members;
nesses who saw him shooting both the
nor his lawyer, the redoubtable Melvin
strated in front of the Soviet Embassy.
Other aspects of the tragedy in Dallas
President John F. Kennedy. The Chief
63 other persons supplied written state-
President and the policeman. His Soviet
Belli, can suggest any even faintly
But there was a strong and persistent un-
gave rise to concern, and to shame -
Justice, who has resolutely opposed the
ments. Elaborate tests were made, and
wife, now a bizarre American celebrity,
plausible motive or explanation for what
dercurrent of doubt. The uneasy pos-
reports of laxity or worse in the Secret
old practice of having Supreme Court
inspections carried out, both in Texas
feared he was the murderer when she
he did - "plausible," that is, if we start
sibility that Oswald and Ruby were
Service and the F.B.I., for example, and
Justices preside occasionally over public
and elsewhere, to verify various hypoth-
heard the news of the President's being
by assuming that human behavior must
agents of one or another branch of the
the visibly low caliber of the Texas
enquiries, yielded to the evident emer-
eses about the circumstances of the
shot, and went to see if his rifle had been
make sense in terms of some kind of
Communist movement troubled many
officials who appeared on television so
gency. Senator Russell, a weighty leader
murder.
moved from its hiding place. His actions
calculus, felicific or otherwise.
minds. Others were convinced that they
often during the final week of Novem-
of the Senate, whose handling of the
The present report, of 469 closely
and movements were demonstrably with-
The human quality of the Commission,
represented plotters of the extreme Right.
ber, 1963, and then later during the
MacArthur investigation had the hall-
printed pages in the official government
in the realm of physical possibility and
and the inherent intellectual quality of
One fantasist surmised that a master-
trial of Ruby.
mark of political genius, sat beside the
version, with 17 appendices, and some
corresponded to the various times at
its Report, will persuade most readers to
mind in the oil industry had murdered
The polity needed - and needed bad-
libertarian Chief Justice, whose power-
60 pages of footnote references, will be
which the chief events took place.
accept its reconstruction of the event
Mattei, the head of the Italian state oil
ly - an emotionally and intellectually
ful role in the development of our Con-
followed by 25 or 27 comparable
The Commission concludes, after elab-
itself. The doubts and wild theories of
monopoly (who died in a plane crash
satisfying substitute for a trial. Presi-
stitutional Law of Civil Rights is widely
volumes of evidence.
orate tests, that it would not take
the long period between the President's
several years ago), as well as President
dent Johnson acted surely to organize an
cursed in Georgia. There could be no
The Report is a masterly and con-
extraordinary skill to have fired three
murder and the issuance of the Report
Kennedy.
inquest into the circumstances of the
more powerful demonstration of Presi-
vincing state paper. It has the high
shots at the President from Oswald's
are fading, although they will probably
There was, as always, resistance to the
President's murder. He persuaded Con-
dent Johnson's effort to achieve national
polish of legal writing at its best, care-
position, with the rifle Oswald used, and
never disappear entirely. It is normal to
thought that senselessness could play so
gressional leaders to give up their plans
unity than the partnership of these two.
fully composed, terse, restrained and
within the time interval so curiously and
find judges and lay students disagreeing
large a role in human life. People in-
for Congressional committee enquiries
meticulous. In a detached and judicious
exactly measured by the movie films
over ordinary cases. It would hardly be
sisted on clinging to the more familiar
and to support his proposal for a
Senator Cooper and Congressmen
tone, it deals with every feature of the
three citizens happened to be taking of
remarkable with regard to a catastrophe
modern view that events must have
Presidential Commission of commanding
Boggs and Ford are among the solid
case, discussing and evaluating the evi-
the President during the period of the
of such intense meaning if people con-
"rational" causes, and "rational" mean-
eminence. Within a week the members
men of the two houses, accepted in
dence at length to explain the basis for
murder. And it would take no more than
tinued indefinitely to argue about the
ings, even when this led them to the
of the Commission had agreed to serve,
Washington and in the country as seri-
the conclusions the Commission reached,
passable skill to have fired two shots in
more esoteric details of the medical
irrational conviction that some nameless
and an Executive order was issued estab-
ous, careful and conscientious, incapable
and their rejection of the various con-
the same time span. These observations
testimony, or the other evidence so pains-
"They" in the background pulled strings
lishing the body and stating broad and
of narrow partisanship where great
trary theories which had been advanced.
are consistent with other tests of the
takingly reviewed in the Warren Com-
while puppets danced. In Cairo, it was
independent terms of reference: "to
affairs are in issue. Both Allen Dulles
As is universally known by now, the
same kind.
mission Report.
taken for granted that the Zionists had
satisfy itself that the truth is known SO
and John McCloy are New York lawyers
Commission found that both the murder
The President's wounds, and the
There is, of course, another class of
murdered President Kennedy, through
far as it can be discovered, and to report
in the tradition of Stimson and Root -
of the President and the murder of his
Governor's, were compatible only with
critics altogether - those of completely
their tools, the Communist bankers of
its findings" to the President, to the
men who have devoted large fractions
assassin were the work of isolated men,
shots being fired from where Oswald
closed mind and predetermined outlook.
Wall Street. Moscow understood that a
American people and to the world. Two
of their lives to the public service, and
not linked to each other or to any third
was seen shooting. The Commission
Like Joachim Joesten, they know before
conspiracy of war-mongering monopo-
weeks later Congress passed a Joint
earned their high repute through work
persons, and that the broad outlines of
found no evidence of any kind to sup-
they read the Report that it is part of a
lists had ordered the President killed,
Resolution empowering the Commission
of genuine distinction. Five of the seven
the story which poured out of Dallas
port the hypothesis of a second assassin
conspiracy to conceal the facts, and to
and his assassin silenced, to prevent a
to compel testimony, and otherwise sup-
members of the Commission are Repub-
late in November, 1963, were correct. It
shooting from in front of the President's
pin the blame on two pathetic "fall-
detente, and a decline in munitions
porting its mission.
licans, as is the General Counsel - Lee
is a remarkable tribute to the work of
car as it approached a railroad bridge:
guys," Oswald and Ruby. They start
orders. France, naturally, was a center
The members of the Commission, and
Rankin, former Solicitor General of the
the police and other officials, the jour-
no holes in the windshield of the car,
their analysis with a premise it is not
of imaginative speculation, which ad-
of its senior staff, are men whose names
United States, and an excellent lawyer
nalists, and the public at large, cooper-
no wounds of entry in the front of either
admissible to examine: that the F.B.I.,
vanced one idea after another, all being
are rightly taken everywhere to guar-
- and most of the senior members of
ating under circumstances of indescrib-
the President's body or the Governor's.
the Dallas police, and "the Interests"
deemed plausible except the possibility
antee the probity of their work. For all
the legal staff, who are equally men of
able confusion, that only details required
Only those unfamiliar with the normal
generally, including "the Establishment"
that the two murders were in fact what
the earthy vigor and the violent vocabu-
outstanding professional reputation, like
revision in the light of subsequent study.
confusions of the process of proof, or
of the press and the universities, are
they seemed to be - acts of blind fate,
lary of our public life, we have always
Albert Jenner, Francis Adams, William
As always happens in a lawsuit, a few
those irrevocably committed to an a
joined in a conspiracy to repress the
without cause or purpose. And in Eng-
been willing to put the sport of political
Coleman and Norman Redlich.
loose ends remain unexplained and
priori theory, will continue to be dis-
facts. Thomas Buchanan, one of the
land Bertrand Russell led a band of
warfare aside when serious national
The Commission and its staff carried
inexplicable still - the number of shots
turbed by the evidence presented in the
most celebrated of those who have spun
protesters, who were sure that no one
concerns required it. At such moments,
out an exhaustive program of enquiry.
fired at the President, for example.
Report on these fundamental factual
myths about the Kennedy murder, puts
who believed in fair play for Castro,
except for a small group of true ideo-
They directed investigations by person-
But the basic original account of what
elements of the case against Oswald.
this point of view simply in Who Killed
and had gone to the Soviet Union to
logues, the exuberant political gladiators
nel of the F. B. I. and of the Secret
happened in Dallas, fantastic as only
Kennedy?: "I do not believe this case is
live, could possibly have been guilty of
discover that their most fundamental
Service, and by trained employees of
reality can be fantastic, is now con-
Oswald's murderer was also a man of
closed. I do not think it will be, until
the crime.
loyalties are to the nation, not to their
other government departments. Reports
firmed. An alienated, erratic man, with
the shadows, living at the margin of
some more satisfying answer has been
parties, or even to their political prin-
were received from agencies of the
a long history of emotional disturbance,
society and emotional stability. He was
given to the question which aroused the
Such opinions were as common at
ciples. Whatever they may have said in
State of Texas, and from abroad. The
bought several guns, and used them, first
a grubby figure out of Guys and Dolls,
world: Why was the President of the
Page 2
Page 3
United States assassinated? I believe we
cedures of the Commission, and on some
Judge Walter E. Craig, president of the
accepted, and less vulnerable to obscu-
cluding surveillance, short periods of
class feeling, and political feeling, be-
do his memory no service in pretending
of its recommendations, as well as on
American Bar Association, to assist in
rantist attack, if it had been presented
arrest or detention on special charges,
hind the practice, which survives as a
no one but a lonely madman could have
certain inferences which might be drawn
its work. He was not exactly the lawyer
and debated in open sessions.
or on classic vagrancy charges, and other
check on the professionalism and inde-
wished him dead. If this were so, his
from the entire experience about the
for Oswald and his family, although the
The Commission was severely and con-
restrictions on the liberty of the mal-
pendence of the bench. On the other
death would have no meaning. I believe
future of police work and criminal law
Report says he was brought into the
vincingly critical of the administrative
content and the maladjusted would raise
hand, the appointed United States judges
he lived for something, and I think he
administration.
proceedings "in fairness to the alleged
and police arrangements for the protec-
grave questions of democratic and con-
have emerged over the years with higher
died for something."
The Commission's first decisions con-
assassin and his family." His function
tion of the President. There was petty
stitutional principle. After all, it is only
prestige, and higher public regard, than
From this statement of faith in the
cerned its own procedures. "The Com-
was defined as that of participating in
bureaucratic feeling between the Secret
20 years since we herded the Japanese-
their rivals in the state courts and in
implacable and here malevolent ration-
mission has functioned neither as a court
the investigation and advising the Com-
Service and the F.B.I., and the coordina-
Americans of the West Coast in con-
the administrative tribunals. It is time
ality of the universe, Buchanan and the
presiding over an adversary proceeding
mission whether in his opinion its pro-
tion of both agencies with the local
centration camps because we thought
for reflective men concerned with the
school he typifies attempt to discredit
[the Report says] nor as a prosecutor
ceedings "conformed to the basic prin-
police seemed slipshod. Surely much can
they had a special potentiality for
law to draw the true moral of the tragedy
the reasoning and conclusions of the
determined to prove a case, but as a fact-
ciples of American justice." Judge
and should be done to improve the
treason.
in Dallas and move towards higher
Warren Commission. They comb over
finding agency committed to the ascer-
Craig and his associates were active in
protective process.
standards of state criminal law adminis-
the evidence in the Report, repeating
tainment of the truth." The Report
the enterprise, reviewing the work of the
But one hesitates about one of the
The Report criticizes both the Dallas
tration by adopting the Federal model
with only minor modifications the points
points out that the law knows no
staff, cross-examining witnesses, and sug-
fundamental lines of the Commission's
police department and the news media
in the organization of state judicial
they made earlier about the evidence as
proceedings for posthumous criminal
gesting the names of witnesses who
suggestions - the building up of elabor-
for the frantic pressures - and indeed,
systems.
it had been reported in the newspapers
trials. And the Commission in its in-
should be called by the Commission.
ate intelligence files about those deemed
the near chaos - in the police building
The presence of the news media in
a year ago. Their arguments seem
vestigative work necessarily dealt with
This step, desirable and valuable as it
potential murderers, and the develop-
after the assassination of the President.
the police buildings was not entirely a
neither startling nor disturbing, in the
hearsay and other evidence that would
was, was no substitute for the openness
ment of procedures of "preventive pro-
It concludes that those pressures were
negative factor in the course of events,
context of the Report and its patient,
not have been admissible in court.
of a public trial. The ancient require-
tection" that might be used during Presi-
responsible for the disorganization that
however. A Texas lawyer has said that
systematic effort to answer all these
ment that trials be open is a central rule
dential visits, and presumably on other
allowed Ruby his opportunity. It hopes
in his 40 years of experience at the Texas
contentions, however preposterous. They
Yet the Commission was obviously
of law as the ultimate barrier to tyranny.
occasions as well. If we knew more
for the adoption of a code of conduct
bar, Oswald is to his knowledge the first
do no more than repeat, with endless
troubled by its decision to proceed
"Star Chamber" is a phrase to reckon
about how to distinguish potential crim-
by the profession of journalism, but adds
man who was held over night by the
variations, that there must have been
privately. It allowed witnesses to elect
with, after all, in our collective memories.
inals from everyone else, perhaps the
that "the burden of insuring that appro-
police, and did not confess. There are
more to the story than the vulgar re-en-
an open rather than a closed hearing,
Some of the rumors surrounding the
thought of "protective research" and
priate action is taken to establish ethical
frequent references in the Report to the
actment of a plot from Camus or Dos-
and one witness did SO elect on two
murder of the President measure only
"preventive protection" on SO vast a scale
standards of conduct for the news media
possibility of third-degree methods in
toevsky, and they throw up one libelous
occasions. The witnesses were, of course,
the prevalence among us of personalities
would inspire less concern. But, as the
must also be borne
by state and
the interrogation of Oswald, and the con-
theory after another, to hint at alterna-
allowed to have counsel present when
given to irrational and virulent suspi-
Commission recognizes:
local governments, by the bar, and ulti-
cern of the police to parade Oswald be-
tive and presumably more "satisfying"
they were questioned, and to object to
cions. Men of this stripe can never be
No set of meaningful criteria will
mately by the public."
fore the press to rebut such charges.
or "meaningful" explanations, in the now
questions.
persuaded or silenced by evidence. But
yield the names of all potential assassins.
The trouble symbolized by the chaos
Whether the Dallas police do in fact
all too familiar style of the True
The Commission's argument does not
they would have a harder time corrupt-
Charles J. Guiteau, Leon F. Czolgosz,
in the Police Department of Dallas on
use such illegal and outrageous methods
Believer.
seem altogether persuasive. The central
ing the rest of opinion if the crucial facts
John Schrank, and Giuseppe Zangara -
November 22 and 23 runs very deep, and
in interrogating suspects, everyone with
The present reviewer does not pro-
part of its task was precisely to deter-
had been legally sifted in the full light
four assassins or would-be assassins -
it will not be simply cured. Part of the
any knowledge of American law en-
pose to summarize the Commission's
mine who killed President Kennedy and
of day.
were all men who acted alone in their
problem derives from the fact that most
forcement is aware of the fact that the
findings as to the evidence, nor to review
under what circumstances. It seems
Of course the Commission's problem
criminal acts against our leaders. None
state court judges and prosecutors are
stringent rules of the Supreme Court on
the bootless debate of the zealots. The
unfortunate that the Commission did not
went far beyond the demonstration of
had a serious record of prior violence.
elected officials, or hope to become
the subject have not yet entirely stamped
Report of the Commission has been
treat this part of its work as something
Oswald's guilt. It had a more difficult
Each of them was a failure in his work
elected officials, and are in no position
out the practice.
accurately recapitulated in many jour-
closely akin to a trial. Of-course its staff
task, as the event was to prove: that of
and in his relations with others, a victim
to resist the demands of the press for
The third-degree is only one facet of
nals. It is an absorbing story, magnifi-
and the men working with them were
showing that Oswald and Ruby were not
of delusions and fancies which led to
"cooperation." As the Report drily
the broad issue represented by what
cently told. The full, taut text deserves
engaged in investigations and studies,
connected with each other, nor with a
the conviction that society and its leaders
notes, "the police attitude towards the
happened in Dallas. After all, it would
the widest possible public. Nor is it pro-
not in the holding of judicial hearings.
larger group of plotters. Proving a nega-
had combined to thwart him. It will
press was affected by the desire to main-
not have altered the problems of policy
posed here to evaluate the Commission's
But in the end, on the central issues of
tive is a little like squaring a circle. It
require every available resource of our
tain satisfactory relations with the news
raised by the level of criminal procedure
findings systematically. That cannot be
Oswald's guilt, at least, it is regrettable
would not have helped to start by
government to devise a practical system
representatives and to create a favorable
in Texas if Lee Harvey Oswald had been
done professionally until the 27 volumes
that public hearings analogous to those
saying that there was no conspiracy
which has any reasonable possibility of
image of themselves."
arrested on a Federal charge of insur-
of evidence are published and then
of a trial were not held. For this aspect
unless somebody sustained the burden of
revealing such malcontents."
The practice of electing judicial
rection (or conspiracy, for that matter)
probably not without separate confirma-
of the Commission's responsibility, the
proving that there was. The Commis-
One can go further. The task is im-
officers is an anomaly of great historic
and taken to a Federal institution for
tory enquiries.
distincion between "a fact-finding
sioners had to convince not only them-
possible, because "potentiality for vio-
meaning. The colonists were suspicious
a few days. President Taft said 60
For the purpose of this review, it
agency" and a "court" seems more ver-
selves, but a skeptical, hard-bitten, and
lence" is not a criterion capable of legal
of the Tory judges, for good reasons of
years ago that the administration of
seems preferable to accept the Commis-
bal than functional. A court, after all, is
doubting world, which would never read
definition, or any other kind of defini-
bitter 18th-century experience with cases
criminal justice in the United States was
sion's reconstruction of the facts about
a fact-finding agency, too.
the whole Report, and all 27 volumes of
tion. And systematic and energetic
of criminal libel and other politically
a disgrace to a civilized country. The
the murder of President Kennedy, and
The Commission, responding to some
evidence. The Commission's analysis
attempts to use such a concept as the
sensitive problems, as well as the ordin-
Wickersham Report, 30 years later,
to concentrate on the methods and pro-
of the critics of its procedure, did retain
would have been more universally
basis for widespread police action, in-
ary course of criminal law. There is
reached roughly the same conclusion.
Page 4
Page 5
The work of the Supreme Court in rais-
know to be long overdue. As part of a
breeds hatred and bigotry, and intoler-
ing the standards of due process of law
general movement to reform criminal
ance, indifference and lawlessness, and
in the state courts is one of the bright
law, Congress and the courts can hope
is an outward manifestation of what
pages of our jurisprudence in the 20th
As They See Him
to deal with many problems which press
occurred in Dallas and could have OC-
century - an achievement of the com-
upon our consciences quite as much as
curred in any other city in America
mon-law judicial process at its oreative
the excesses of the press - much as
"
extremism on both sides is the
best.
those excesses threaten the possibility
genesis of our own self-destruction if we
In October last year Eugene V. Ros-
Gene Rostow is the tenth Dean of this
It is common knowledge what distinc-
But the function of the Supreme Court
of a fair trial - or the absence of a stat-
are ever going to be destroyed
we
tow asked not to be considered for re-
school whom I have known personally
tive excellence Gene Rostow has brought
in this regard is to blaze the way. It
ute making it a Federal crime to kill
see it in the bombing of the five little
appointment as Dean of the Yale Law
and with whose administration I have
to the performance of all the more con-
cannot administer the law, nor accom-
the President: the selection of juries,
children in Birmingham
fascism
School when his second five-year term
been closely familiar. No other decade
ventional tasks of the deanship of our
plish basic reforms, save piecemeal, on
for example; the control of wiretapping
and extremism have become a fad, a
is completed in June. "No dean in
in the history of the School has been
School. Everybody knows the broad
a case-by-case approach. The experi-
and like offenses as a form of search and
fashionable fad, and this has to be
modern times has served more than two
more distinguished and successful. No
vision with which he has perceived the
ence of the President's murder, and its
seizure; the availability of counsel; ar-
destroyed.
terms," he said, "and the Yale Corpo-
other Dean has had a finer understand-
School's national and international role;
aftermath, suggest the desirability of a
raignment, bail, and a hundred other
"The memorial to President Ken-
ration has reaffirmed its policy that heads
ing of the law and of the purposes and
the imagination and leadership which he
far more comprehensive attack on the
practices where our customs still widely
nedy," the Governor concluded, should
of departments should normally rotate
methods of legal education. Although
has exercised in the framing of a curri-
shortcomings of our police practice and
justify President Taft's harsh verdict.
be "to freedom of the individual in
after two terms. I have always support-
long retired from active participation in
culum and program of inquiry appro-
our criminal law. Is it not time for
In every society, there is a gap be-
society under law and under God, where
ed this usage as sound and wise."
faculty affairs, my association with Gene
priate to this role; the tremendous
Congress to join the Supreme Court in
tween the actual and the ideal. For us,
men respepct each other notwithstand-
President Kingman Brewster Jr., in a
has been intimate and affectionate. I
energy which he has expended, even at
affirmative action under the Fourteenth
the gap has been great - in some areas
ing their disagreements."
tribute to Dean Rostow's administration,
have had constant admiration for his
high cost to his health, in the effort to
Amendment, as it has done in connec-
so great as to suggest hypocrisy. But
1964 New York Herald Tribune Inc.
noted that it had been marked by extra-
untiring activity in behalf of the School,
secure the resources and facilities neces-
tion with Civil Rights, to give a large-
the ideal exerts a strong influence on
Reprinted with permission
ordinary success. At the same time, the
for his keenness of mind, and for the
sary to put such curriculum and pro-
scale impetus to the reform movement
the actual in American life, even though
President announced Rostow's appoint-
fairness and soundness of his judgment.
gram into effect; the deep sensitivity to
which the Court has led almost single-
its pull is not uniformly strong, nor
ment as Sterling Professor of Law and
Hereafter as teacher, researcher and
the many interests of the School which
handedly for 30 active years?
uniformly effective.
Assisting Representative Gerald R.
Public Affairs. "This appointment," he
writer he will continue to demonstrate
he has exhibited in the recruitment of
Men will object to the idea of such
Among other themes, the Warren
Ford '41 and the other members of the
said, "recognizes Dean Rostow's out-
all these fine qualities.
faculty and staff; the extraordinary gen-
action in the name of states' rights. The
Commission Report deals with violence
standing accomplishments as scholar and
Arthur L. Corbin
Warren Commission in preparing what
erosity with which he has encouraged
objection misconceives the nature of the
as a national custom, the violence of a
Constitutional covenant. The articula-
Dean Rostow has called "a masterly and
teacher while shouldering the burdens
and promoted the careers of younger
frontier which has not quite disappear-
convincing state paper" were Burt W.
of the deanship. The significance of the
colleagues; the superb model in produc-
tion of national standards under the
ed; the violence of primitive layers of
Griffin '59, assistant counsel, Norman
appointment in public affairs as well as
tive scholarship and in participation in
Fourteenth Amendment to govern the
the national culture; the violence of the
Redlich '50, assistant counsel, Arlen
law reflects our hope that he will con-
public affairs which he has offered for
exercise of authority by the states does
last few skirmishes of a Civil War which
Specter '56, assistant counsel, Howard P.
tinue to contribute to learning and teach-
all of us; the statesmanship with which
not deprive the states of constitutional or
has, in fact, been a Hundred Years' War.
Willens '56, and John H. Ely '63. Two
ing in a broad program concerned with
he has guided, and held together, an
of political rights. It simply matches
One aspect of the national reaction to
members of the group, Howard Willens
public policy, of which law is only a
active and sometimes difficult faculty;
those rights with correlative duties -
President Kennedy's murder should not
part."
and so on. I should like to add a note
and Norman Redlich, received special
duties they owe, under our constitutional
be allowed to fade - the sense in which
recognition for their drafting efforts
Following are four tributes to Dean
of appreciation for an excellence perhaps
system, to "the people of the United
Governor Connally and other Southern
Rostow. Professor Arthur L. Corbin
described as "the high polish of legal
of less common knowledge - for the
States" whose Constitution it is. The
leaders so eloquently linked Oswald's
writing at its best
'99, William K. Townsend Professor
deeply genuine human warmth and un-
Constitution is not a treaty among sover-
act to the resurgence of modern "ex-
Emeritus of Law, an authority on deans
derstanding which he has invariably
eign states, but an act of union of the
tremisms," with their atmosphere of
(and other subjects), puts the Dean in
brought to all the personal relations and
people themselves, proceeding directly
bitter suspicion and its poisonous, im-
"historical" perspective. Myres S. Mc-
problems which must inevitably become
through constituent assemblies and con-
placable hatreds. Governor Connally
Dougal, Sterling Professor of Law, writes
the concern of the Dean. Whether for
ventions. The Constitution, enforced by
stated the ultimate moral of the catas-
as a fellow colleague and a witness of
a senior professor or a new staff mem-
the Supreme Court and other national
trophe with passion, in an interview from
the Dean's administration. Jan G.
ber, whether in time of crisis or in cele-
agencies, is intended to keep state as
his hospital bed:
Deutsch summa cum laude '62 recalls
bration of success or good fortune, he
well as national authorities within
"The President of the U. S.
has
a memorable student encounter. Oscar
has always been at hand, as a friend and
proper boundaries of power. And it is
been asked to do something in death
M. Ruebhausen '37, classmate and for-
not as a mere administrative officer, with
intended to establish appropriate criteria
that he could not do in life, that is, to
mer president and chairman of the
exactly the right word and exactly the
for the use of power by state as well as
shock and stun the nation, the people and
Executive Committee of the Yale Law
right action. In this latter excellence, as
national officials.
the world about what is happening to
School Association, fills out the picture
in the others, he has of course always
In this setting, I suggest, we could
us, about the cancerous growth that is
as a personal friend and long-time co-
had the mighty, and gracious, support
hope that President Kennedy's tragic
being permitted to expand and enlarge
worker with the Dean to bring the Yale
of his wife Edna.
end might become a prod to progress we
upon the society in which we live, that
Law School to its present eminence.
- Myres S. McDougal
Page 6
Page 7
My four years at the Law School gave
to the conjunction of "Dean" with
"Rostow" that sense of inevitability with
which my childhood endowed the con-
The quality of leadership surely is as
tention to the voice and to the magnetic
interface between law and society. It is
joining of "President" and "Roosevelt."
subtle as it is unmistakable. Compound-
loping figure from which it came.
in precisely this interface that the law,
I have come to accept that what I
ed of personal force, intellect, and warm
One reminiscence: In late May, nearly
and lawyers, must function with all
thought inevitable was but a single mani-
sensitivity, leadership requires that
thirty years ago, at examination time,
their skill and all their heart if the
festation of possible truths. Yet that
values be clearly, firmly, and flexibly
when almost anything can happen, and
freedom and dignity of man is to be
very acceptance, and perhaps this does
held. It requires also that tolerance be
the most anxious among us were squan-
furthered, or indeed preserved. The
render me at least partially qualified to
poised with ambition in delicate tension.
dering vitality in exclusive and dedicated
full measure of Dean Rostow's contri-
speak, brings with it the realization that
Even then true leadership does not arise
pursuit of the immediate objective, Gene
bution in this vital arena cannot yet be
the Rostow manifestation was, for a
Rostow was found pulling books, indis-
assessed both because we are too close
unless stoked with energy and suffused
student, a model one.
with fire.
criminately it seemed, off the library
to it and because it is yet to be com-
For a student, a good school can be
shelves. The behavior was strange
pleted. His, however, is the wonderful
In Dean Rostow all of these qualities
defined as a course of events which con-
enough to provoke my inquiry. The
position of being at midpoint in a
are abundant, were manifest early, and
firms him in the conviction that his
answer was that he was checking foot-
career consistently emblazoned with
education is the center about which all
have remained enduring. For decades
notes for an article on which he was
promise and fulfilled with performance.
other school activities revolve. For all
they have shed their restless magic on
working. I have long since forgotten
And the promise still persists: indeed, it
colleague and friend. They continue to
of his multifarious duties and interests,
whether the article was on Keynesian
proclaims the performance yet to come.
do so.
the perpetually open door to Dean Ros-
economics or something he had done
For ten years Gene Rostow's cheer-
tow's office signaled his full implication
Who is there who has known or
for Edna or for Clem Fry. But I have
fully restless but purposeful vitality has
in the benign conspiracy which main-
worked with Eugene Rostow who has
not forgotten that Gene Rostow had not
been in the administrative service of the
tained that conviction in full vigor dur-
not felt the force of the intellect, nor
lost his perspective. His has been a
Law School. Those who have partici-
ing my years at the Law School. I
basked in the warmth of the friendship,
marvelous instinct for seeing his life and
pated in the Rostow deanship in the
Dean Rostow at Commencement exercises in the Law School courtyard. Professor
vividly remember the astonishment I
nor been moved by his values, so sharply
career as entities which the immediate
small but joyful way open to alumni
Guido Calabresi '58, of the Law School faculty, is at the right.
felt when what I anticipated as a brief
perceived and stoutly maintained? Who,
objective, no matter how important, must
have found it a fascinating experience.
and pro forma conversation about a
indeed, has not sensed the radiant glow
not distort or frustrate.
New goals were set - both academic
piece I had written was transformed by
of the consuming fire within?
Later, as editor of the Journal and as
and financial. New techniques and new
his interest into intense working sessions
Leadership alone is never enough.
a practicing lawyer in New York, he and
talent were brought to the School. New
lasting several days. It was only in the
The purpose to which leadership is put
Edna, with whom all things were shared,
horizons of what should be the proper
course of those sessions that I discovered
is the criterion by which men and
kept alive for their contemporaries the
concern of lawyers were established. It
he did not agree with much the piece
societies must be judged. Gene Rostow's
awareness of the richly complex fabric
has been an enlivening, elevating period
contained. Characteristically, he did
consistent purpose has been to advance
of the human values and institutions in
for the law, the Law School, and all who
nothing to change my thesis; all of his
individual creativity and dignity in a
our free society which if a lawyer does
were touched by the Rostow fire. Surely
efforts went towards building a better
free democratic society and a peaceful
not seek to serve and support he may well
his has been, and will be remembered as,
case for the views he did not share.
world. Such a purpose is more than the
wonder whether he has served at all.
one of the great Yale deanships.
test of the man; it will perhaps be the
Then came the full career as teacher,
Those of us who have followed and,
- Jan G. Deutsch
measure of his generation.
scholar, public servant, author, and
in considerable happy part, shared
As an undergraduate in Law School,
Dean. What a wonderful tapestry it is
Dean Rostow's career are thoroughly in-
at the same time both younger and more
- and made so by his fertile and chal-
trigued by what comes next. Already
mature by far than most, he was a polar
lenging mind ranging provocatively over
we have a sense of anticipatory excite-
force among the student body. This was
oil policy for the nation, economic plan-
ment over the challenge and the purpose-
true long before he acquired a lectern
ning for capitalism, fairness to the in-
fulness that will be unleashed when the
or a dais, well before he earned the chief
terned Japanese, the responsibility of
administrative burdens are put aside.
editorship of the Law Journal, long be-
management, the functions of federalism,
It will be vibrant, it will be productive.
fore the symbols of office and honors
antitrust policy, the ethics of the profes-
Above all, it will be fun.
made a public person of the man. The
sion and the morality of the nation, the
Had Eugene Rostow lived in the 15th
voice in class, its lucid sparkle always
nature of education, the Atlantic Alli-
century instead of sharing his talents
accompanied with overtones of rustling
ance, marketing economics, the func-
with the 20th century and with us, there
gravel, came to be recognized not just
tioning of diplomacy, and even a case-
is no doubt that we would know him as
for its probing wisdom but for its aware-
book on Debtor's Estates.
a Renaissance man. In fact, we think
ness of nuance and of the larger arena
Dean Rostow has been an articulate
no less of him now.
Dean Rostow with Myres S. McDougal, Sterling Professor of Law
in which the law must live. We paid at-
advocate, and a diligent worker, in the
Oscar M. Ruebhausen
(left), and Chester Kerr, director of the Yale University Press.
Page 8
Page 9
Eugene V. Rostow
A Taste for Absinthe
This talk was given by Dean Rostow
integuments of the present. I have the
more teaching and research on problems
under faculty supervision, and to require
directly confronting the manifold policy
it should not, I have concluded, be lo-
at the annual Alumni Dinner of the Law
appreciation of a true addict for the
of Urban Law, or the Uniform Commer-
him also to attend three or four small
problems of urban life ---- the status of
cated within the Law School, for a
School on Friday, April 24, 1964.
higher flights of fancy and of rhetoric
cial Code, or the higher reaches of the
classes or seminars in the general area
alienated minorities, the burdens on the
number of reasons.
This is the end of my ninth year as
in this exotic field, where I rank the Yale
law of outer space, or Outer Mongolia.
of his research paper. Thus the educa-
educational systems, the perennial and
So I can report to you that although
Dean. It is naturally a time for reflec-
Law faculty of today with the Supreme
All this, we know, must be. But some-
tional policy of the program was to put
worsening challenges of family life,
I have been much engaged in recent
tion and rumination, even for decision,
Court itself, and far above, say, the
times, like General de Gaulle, we kick.
stress on supervised research, and writ-
crime and motivation. Third, we are
years in mobilizing the alumni, the life
since no Dean in recent times has served
Senate Judiciary Committee, the United
The faculty has been a lively place
ing, in a field the student studied inten-
reviewing the vast field of international
of the School has continued unabated.
more than two five-year terms. Bob
Nations Security Council, or lesser de-
these days, and productive too. As Presi-
sively in small classes to a point where
and comparative law, and the implica-
The faculty and the student body have
Hutchins made a change of jobs every
liberative bodies.
dent Griswold said in 1961:
he was capable of doing genuinely ad-
tions for our own laws, and for our law
bubbled as merrily as ever.
ten years a rule - indeed, almost a
A faculty has a collective personality
"As has been true of the greatest
vanced work. The faculty is still con-
schools, of the revolutionary changes
I don't want you to think that these
principle of education, or at least of
which is something more than the arith-
universities from which Yale is de-
vinced of the importance of that aim as
which are transforming the position of
discussions and debates have all been
mental health. It is also thirty years
metic sum of the personalities of all the
scended and whose tradition she has
an integral part of the program of in-
the United States and its business system
bland and easy, or that they have taken
since I entered the School as a Fresh-
members. Our faculty today is about
thus far greatly furthered, these things
struction in the Law School. Indeed,
in the world outside. Fourthly, we are
place without controversy, and even heat.
man. Someone said you know you are
as individualistic a group of inner-
are not produced wholly by design.
it has this week reaffirmed that goal with
taking another look at the extremely im-
These are intensely difficult problems,
getting on when the policemen look like
directed individualists as one can imag-
They happen. They grow. But they
more unity than ever before. In the
portant programs we offer to our foreign
on which men are bound to differ.
boys. I'm at the point in life when
ine. We have no one given to Under-
happen most regularly and attain their
light of our experience, however, we are
graduate students. The success or
And the members of the faculty are
some of the demigods of the faculty,
hill Moore's transports of intense rage
sturdiest and most enduring growth
changing our procedure for reaching
failure of those programs can greatly
human beings, who work hard, and get
the full professors themselves, give me
when confronted by stubborn resistance
in communities where men of con-
that end. We found the Divisional ar-
influence both the future of the univer-
tired by the end of the year. They live
that impression, sometimes.
to the plain command of sweet reason.
science and character as well as of
rangement to be sometimes a little cum-
sities of the new countries all around the
together in a relationship like that of a
The company of intellectuals is a
And I think that no one of my colleagues
intellectual stature are forever trying
bersome and rigid in structure, and need-
world, and the attitude of their leaders
family, which means that while they
mysterious one: habit forming, as a
can match Edwin Borchard as a violinist,
to create them and improve upon them
lessly difficult to manage. So we are
towards the United States and its people.
respect each other, and like each other,
taste for absinthe is said to be. Wes
or Arthur Corbin as a baseball player.
by design."
making the procedure more flexible, in
Other ideas are just below the horizon
they can also be jealous of each other,
Sturges used to say that good professors
On the other hand, we have not in my
Serendipity plays as large a role in the
order to make it easier to equalize the
---- new areas I wish to see represented
and step on each other's toes, and on
were not and could not be practical
recollection had so talented a poet as
growth of a University program as it
teaching burden so far as the faculty is
in the spectrum of thought which con-
each other's footnotes, too. Such friction
people. They could not keep their check
Charles Black on the faculty, nor SO
does in any other kind of human crea-
concerned, and to make student freedom
stitutes the life of the School, new in-
is an inevitable and healthy part of the
books, and were often found in the post
promising an oenophile as Ronald Dwor-
tion.
of election more complete.
stitutions at the University to help fulfill
life of all groups. And our life, har-
office paying their bills with money
kin.
The Committee on Long-Range Educa-
Beyond these changes, the faculty is
and carry forward lines of work beyond
monious as it has generally been and as
orders. There is much in his comment,
Collectively, the faculty reminds me
tional Planning, of which Mr. Abraham
reaching out in several directions. We
the reach of any law school, even our
soundly based on mutual respect, has
for the academic viewpoint is and should
a little of the majestic and rather awe-
Goldstein was chairman, brought in a
have voted to add an additional social
own. Among the first, I should stress
not been without the counterpoint of
be different from that of the realm of
inspiring figure who is President of
series of proposals for change in the
scientist to our number, and a committee
the study and teaching in the law of
summer storms. But, our debates over,
action. That difference is its justifica-
France. The faculty, like President
course of study, and the composition of
is considering the qualifications of young
science and technology - a field which
like good lawyers on circuit we repair
tion. But law professors, unlike profes-
de Gaulle, really prefers the eighteenth
the faculty. Two have been discussed,
and not-so-young sociologists, students
should include patent law, and the law
to each other's houses for a drink, and
sors of classics, are often torn between
century to the twentieth; it would in-
debated and acted upon. The others will
of social relations, and men of even
and practice which govern the relation
argue about the future of the Supreme
the world of thought and that of action.
variably choose quality rather than
be considered next year. Out of this
more remarkable background. A group
of government to science and to the most
Court, or the world.
This perennial conflict is inherent in the
quantity, reason rather than passion,
process of deliberation several changes
of our most active teachers are drafting
technologically advanced sectors of the
These alumni gatherings represent a
subject matter we study. I often marvel
hand-tooled works of art rather than
are emerging in the internal procedures
a program of teaching and research in
economy. In the latter class, I should
coming together of a community more
at the capacity of a faculty meeting to
mass-produced reproductions, an eve-
of the School, and in its intellectual life.
what I once called "Urban Law" --- a
put first the need - strongly felt in the
and more aware of its communion: a
discover principles lurking beneath the
ning of elevated conversation rather than
Others are imminent.
name to identify a new vantage point
Law School - for an institute or center
proud faculty, an ardent body of stu-
surface of what I had naively supposed
a bout of television or a night on the
So far as the Divisional program is
for looking at the problems of the Ameri-
at Yale for the interdisciplinary study
dents, and a devoted alumni group,
to be the simplest of practical problems.
town. But, like the General, the faculty
concerned, the faculty has decided, or
can city as a whole. Such an outlook
of social policy. Such a center should
maturely conscious of its responsibility.
These are, I suppose, the same talents
has an instinct for emerging reality.
is about to decide, to reorganize it. The
could draw on all the accumulated wis-
be closely linked to the Law School, and
It has been, and is, a great privilege
which permit men to become great
Sometimes we sigh as we acknowledge
essential idea of that program, you will
dom of the law of real property, munici-
members of our faculty should be active
to have had this opportunity to watch,
teachers in the Socratic mode, and
the imperfect world around us, and pro-
recall, was to require each student to
pal corporations, constitutional law, city
in its program. It could help the work
and be, and do, in a process of helping
scholars capable of perceiving the true
test when we cut down our emphasis on
write a major research paper - com-
planning, and so on, but, hopefully, put
of the Law School as well as that of
to liberate forces which improve the law,
shape of the future within the turbulent
the rule in Shelley's case, in favor of
parable to a law journal comment -
them into more fruitful perspective by
other departments of the University. But
and improve the nation.
Page 10
Page 11
The Dean and Mrs. Rostow at the annual dinner of the Oregon State Bar in September
1963, at which Dean Rostow was the principal speaker.
Oscar M. Ruebhausen '37 with the Dean
Dean Rostow with Associate Justice Arthur J. Goldberg
Dean and Mrs. Rostow in Tokyo
Dean Rostow and M. Bertrand de Jouvenel, president-director general
Dean Rostow with Mrs. Isabel Malone, his executive assistant for
of Societe d'Etude et de Documentation Economiques Industrielles
ten years. Mrs. Malone had been associated with Mr. Rostow for
et Sociales.
about five years before his appointment to the deanship.
Sylvia Salmi
Page 12
Dean and Mrs. Rostow
Page 13
PROFESSOR CORBIN'S 90th BIRTHDAY
Over the weekend of December 5, Dean Rostow and the Yale Law School were host
to a meeting of the "Futuribles" group, a collection of scholars interested in develop-
ing a "surmising forum" to predict the future of social and political institutions.
Here the group is discussing one of Bertrand de Jouvenel's papers presented at the
meeting.
Arthur Linton Corbin '99, William K.
sion of Corbin on Contracts will be
Townsend Professor Emeritus of Law,
carried forward by a committee under
celebrated his 90th birthday on Satur-
the leadership of Friedrich Kessler, Ster-
day, October 17, in honor of which OC-
ling Professor of Law. Professor Kessler
casion his colleagues and former students
has also edited the volume of essays.
are planning two tributes. According
Professor Ellen Peters, first woman to
to Dean Eugene V. Rostow, the Yale
be made a full professor at the Law
University Press will issue within the
School, is a member of this committee.
next few months a volume of Selected
Funds to provide the research and edit-
Essays on Jurisprudence, written during
ing on the project are being raised.
Professor Corbin's career, which will
On the occasion of the birthday itself,
give the Corbin philosophy. A section of
the Dean offered the following salute:
the book will be devoted to Professor
"Professor Corbin's 90th birthday lifts
Corbin's reminiscences of the Law School
all our hearts. His teaching is a part of
and its faculty over several generations.
It will be published as a part of the Yale
the blood and bone of every Yale
Law Library Series. "We have now
lawyer, and of the spirit of American
The portrait of Justice Potter Stewart '41, painted by Gardner Cox, was presented by
assured the continued existence of his
law. His insistence that law serve the
Richard A. Moore '39, following the dinner of the Executive Committee of the Yale
masterpiece, the eight-volume treatise on
needs of society is the key to wisdom in
Law School Association at the School on Friday, October 30, 1964. From the left:
the Law of Contracts, first published in
our field. The Law School gratefully
Richard A. Moore; President Kingman Brewster Jr.; Dean Eugene V. Rostow; Gard-
1951 and already expanded in various
hails our beloved Uncle-in-law and re-
ner Cox; Justice Stewart.
ways," the Dean announced. The revi-
joices in his salty good health."
Page 14
Page 15
Class of 1940 -- Remember?
It was the year Eugene V. Rostow was
was Moot Court's. And there was an
guest of honor at the Journal banquet
unusually successful Union banquet in
and Potter Stewart and Byron White
December, Edwin F. Blair '28, presid-
each took class prizes. It was the year
ing, along with Chief Justice William M.
For Whom the Bell Tolls was published,
Maltbie '05 of Connecticut, Judge Leh-
the year of Gone with the Wind, Lend
man of New York, Assistant Attorney
Lease, and the American draft law. It
General Thurman W. Arnold, John W.
was the year that ended the depression
Davis, and Professor William R. Vance.
decade, but it was a year of news more
At the Journal banquet its high posi-
international than national, as the Ger-
tion in legal literature and state of
mans advanced through Europe. It was
financial independence was celebrated.
Judge Macklin Fleming '37 (left), who was recently elevated to the California District
1940.
Langdon Van Norden was the outgoing
Court of Appeals, will be replaced on the Los Angeles County Superior Court by A.
Dean Ashbel Gulliver, in his Report
editor-in-chief, MacDonald Deming and
Andrew Hauk, '42 J.S.D. (right).
for the year, noted that more than the
Louis T. Stone Jr., Comment editors;
stipulated number of 120 entrants had
Frank A. Hutson Jr. and George J. Yud-
been admitted because of the war situa-
kin, Note editors; and Irving Parker,
tion. The graduating class numbered
Article and Book Review editor.
113, Yale College having sent the great-
At the June commencement four mem-
est number, followed by Princeton, Dart-
bers of the 1940 graduating class received
mouth, Williams, and Amherst in that
their bachelor of laws degrees cum
Justin V. Purcell Jr. has been appointed
order.
laude: Roy C. Haberkern Jr., Charles
Director of Development of the Yale
Louis T. Stone Jr. and Charles S.
I. Pierce, Daniel B. Posner, and Langdon
Law School. Mr. Purcell was gradua-
Bellows, director and associate director
Van Norden.
ted from Yale College in 1944 and from
of Moot Court, came up for special
Their commencement came at a grim
the Law School in 1946. A member of
notice, having run the largest program
time: by June 1940 France and most
the New York and of the Pennsylvania
ever and for the first time arranging that
of eastern Europe had fallen to the Ger-
bars, he has practiced law in Pittsburgh,
all judges sitting on the Court come
mans; the fate of Britain hung in the
New York City, and in Corning, New
from outside the School: 78 judges and
balance; blitzkrieg, panzer, and Dun-
York. More recently, he has been
lawyers presiding over 65 first-year
kirk had come into our vocabulary. For
Special Consultant to Amory Houghton
arguments, 11 upperclass arguments,
many it was marching from classroom
Jr., chairman of the Board of Directors
the model argument, and the final argu-
to war.
of Corning Glass Works.
ment. Among the judges participating
were Justice Hugo L. Black, Judge
Charles E. Clark '13, William Clark,
Gerald R. Ford '41, Alumni Weekend
President Johnson has recently named
Alfred C. Coxe '26, Carroll C. Hincks '14,
November Election Results, YLS
speaker, was recently reelected as Re-
Roswell L. Gilpatric '31 chairman of a
Robert Patterson, Thomas W. Swan,
publican Representative from Mich-
special group to study new policies to
Herbert Brownell Jr. '27, and Arthur H.
Of Law School combatants victorious
Cleveland '48, to the north, as Republi-
igan's fifth district. For his second
help prevent the spread of nuclear
Dean.
in the November canvass, Democratic
can Representative from New Hamp-
victory of the season, Representative
weapons in the world. The committee
The Barrister's Union was adminis-
Senator Thomas J. Dodd '33 won re-
shire.
Ford defeated Charles A. Halleck as
headed by the former Under Secretary
tered "vigorously" by Allyn L. Brown
election in Connecticut, defeating former
In Ohio, Republican Representative
House Minority Leader, 73 to 67, on
of Defense has been urged "to explore
Jr., Gregory H. Doherty, John M. Ken-
Republican Governor John Davis Lodge.
Jackson E. Betts '29 stays on, along with
the opening day of the new Congress.
the widest range of measures the United
nedy, and William H. Timbers, the third-
In New York, Republican Representa-
Gerald R. Ford '41, Republican Repre-
Promising that "nobody is going to sit
States might undertake in conjunction
year directors. One hundred and forty
tives John V. Lindsay '48 and Charles
sentative from Michigan and recently
on the bench," the fifty-one year old
with other governments or by itself to
students participated as counsel in the
E. Goodell '51 retained their seats, while
elected House Minority Leader.
former football star and part-time coach
accomplish" the halt in nuclear pro-
trials, 96 of them being competitors for
Democrat Jonathan B. Bingham '39
(football and boxing, to meet his Law
liferation.
membership in the Union. About 650
moved into the 23rd district position.
State Congress winners include Fred-
School expenses) entered upon his task
people served as witnesses, jurors, steno-
To the south, in New Jersey, Republi-
erick Lippitt '46, Republican Represen-
of rebuilding the House Republican
graphers, and court officers. The bench
can Representative Peter Frelinghuysen
tative in Rhode Island, and Democrat
organization.
was selected from outside the School, as
'41 retained his post, as did James C.
James A. Cobey '38 in California.
Page 16
Page 17
Alumni are reminded that to the extent
allowable under Federal Income Tax
Program of Events
Regulations, a reasonable portion of
their expenses (travel, meals, and lodg-
ing) in attending the School's Alumni
Weekend sessions may be deductible for
Federal income tax purposes. (Regu-
FRIDAY, APRIL 30
lations Section 1.162-1 and 1.162-5 as
limited by Section 1.274-4.)
University Commons
6:00 P.M.
COCKTAIL PARTY
7:30 P.M.
ALUMNI DINNER-DANCE
Langdon Van Norden '40, President - Master of Ceremonies
Remarks by Dean Rostow '37
Address by Gerald R. Ford '41
United States Representative from Michigan
10:00 P.M. - 1:00 A.M.
Dancing, Lester Lanin Orchestra - Open Bar
SATURDAY, MAY 1
9:00 A.M. 10:00 A.M.
Law classes in session
ALUMNI WEEKEND
9:15 A.M. 10:15 A.M.
DEAN'S FORUM
April 30 -- May 1
Dean Rostow will be present at an informal session to
Faculty Lounge
hear alumni comments and to answer questions about
education, admissions, scholarships, placements, and any
other matters concerning the School.
To the Alumni:
Reunions are delightful opportunities
Coffee will be served.
to renew old friendships, and this is
We cordially invite you to the ninth annual
especially true for those who studied
Alumni Weekend of Yale Law School, on Friday and
law at Yale. Detailed preparations are
10:15 A.M. 12:15 P.M.
PANEL: THE MASS NEWS MEDIA AND CRIMINAL
JUSTICE
Saturday, April 30-May 1, 1965. On the following pages
underway to make sure that the special
Law School Auditorium
events planned for members of return-
is a schedule of the program for this important event.
Mel Elfin, General Editor, Newsweek Magazine;
ing classes will continue this fine tradi-
Moderator
tion.
Alumni Weekend offers you an opportunity to renew
Amory H. Bradford '37, Consultant; formerly with the Scripps-
your ties with the Yale Law School. You will meet
A list of Reunion Committee Chair-
Howard Newspapers and The New York Times
other alumni, faculty and students and hear guest
men follows:
Herbert Brucker, Editor, Hartford Courant
speakers of national reputation.
1915: William B. Gumbart
Gerald R. Ford '41, U.S. Representative from Michigan; Mem-
1920: Arthur Mag
ber, Warren Commission
We look forward to seeing you.
1925: Harold S. Shefelman
1930: Inman Brandon
Robert M. Morgenthau '48, U.S. Attorney for the Southern
District of New York
1935: John D. J. Moore
1940: Daniel B. Badger
Gabriel Pressman, National Broadcasting Company, Television
1945: Margery Gerdes Twining
News Department
1950: Thomas J. Quigley
J. Skelly Wright, Judge, U.S. Court of Appeals, Washing-
1955: John J. Hart Jr. and
ton, D.C.
Gerard C. Smith '38
Eugene V. Rostow '37
John W. Colleran
Chairman, Alumni Weekend
Dean, Yale Law School
1960: Philip S. Walker
Page 18
Page 19
Gerard C. Smith
8:30 P.M.
HARLAN FISKE STONE PRIZE ARGUMENT
Law School Auditorium
Archibald Cox, Solicitor General, United States
David L. Bazelon, Chief Judge, District of Columbia Circuit
12:15 A.M.
Presentation of Portrait of the late Dean Harry Shulman by
12:45 P.M.
Arthur J. Goldberg, Associate Justice, Supreme Court
Law School
of the United States
Auditorium
1:00 P.M. ANNUAL LUNCHEON AND MEETING OF THE YALE LAW
University Commons
SCHOOL ASSOCIATION
Langdon Van Norden '40, Presiding
John V. Lindsay '48, Toastmaster
Roger M. Blough '31, Chairman of Capital Funds Program
Kingman Brewster Jr., President of the University
Dean Acheson, former Secretary of State, Presentation of Citation of
Merit Award to Dean Eugene V. Rostow
Address by Dean Rostow
4:00 P.M.
MOOT COURT COCKTAIL PARTY
Fabian Bachrach
Hall of Graduate Studies
Archibald Cox
Judge David L. Bazelon
John V. Lindsay '48
5:00 P.M.
Cocktail parties and dinners of individual reunion classes
6:00 P.M.
MOOT COURT BANQUET
Law School Lounge
THE WALL STREET LAWYER -- Professional Organization Man?
by Erwin O. Smigel
Reviewed by Amory H. Bradford '37
While reading The Wall Street Lawyer
The first book will not teach the pros-
in practice. Each, however, provides a
I received for Christmas a copy of
pective angler how to tie flies or to catch
well arranged, useful body of knowledge,
Matching the Hatch by Ernest G. Schwie-
fish, nor will the second show the pros-
acquired by a keen, objective observer,
bert Jr., architect, angler, and naturalist,
pective lawyer how to succeed in the
which can be of great value to the
subtitled "A Practical Guide to Imitation
profession. That can be achieved only
neophyte and to the practitioner.
of Insects Found on Eastern and West-
Because it is written from the outside,
ern Trout Waters." This traces the
and analyzes their development in socio-
various Mayflies (and lesser insects)
logical terms, The Wall Street Lawyer
through their life cycles from egg,
may cause some discomfort to the part-
nymph, dun to spinner. As I read the
ners in the large firms. They will find
two books together, an intriguing re-
reassurance, however, in the fact that
semblance appeared.
the question of the subtitle, "Profession-
The Wall Street Lawyer, subtitled
al Organization Man?," is answered in
"Professional Organization Man?," is
the negative in the concluding para-
also a descriptive study, by a sociologist
graphs:
and anthropologist, tracing the life
"In our society the Wall Street law-
cycle of the big firm lawyer (and some
yers' special function is to give inde-
lesser types) from prep school through
pendent advice in the practice of corp-
college, law school, associate to partner.
orate law - a function they are at the
President Kingman Brewster Jr.
Dean Acheson
(Continued on page 27)
Page 20
Page 21
PRIZE TRIALS
The final argument for the annual
A second competition was held at the
In addition to arranging the trial com-
Presiding (from the left) Erwin N.
Thurman Arnold Competition in Appel-
Law School on Saturday afternoon,
petitions, it has undertaken to offer
Professor Fleming James presiding at
Griswold, dean of the Harvard Law
late Advocacy took place in the Law
December 12, when the Thomas Swan
seminars throughout the term on prob-
the Gallagher Prize Trial.
School; Elbert P. Tuttle, chief judge,
School auditorium on Friday evening,
Barristers' Union conducted the John C.
lems of litigation in selected substantive
December 4. The prize bench consisted
Gallagher Prize Trial. The Acting
areas of the law. The directors believe
Fifth Circuit Court of Appeals; A. Leon
of Judge A. Leon Higginbotham '52, of
United States Attorney General Nicholas
that these seminars have been a valuable
Higginbotham '52, Judge, United States
the Federal District Court for the East-
District Court, Eastern District of
deB. Katzenbach '47 was to preside, but
adjunct to the Law School curriculum
ern District of Pennsylvania, Chief Judge
Pennsylvania.
owing to urgent matters at the Justice
by exposing students to matters not
Albert Tuttle of the 5th Circuit Court
Department he was unable to attend.
normally dealt with, or dealt with in a
of Appeals, and Dean Erwin N. Griswold
Professor Fleming James '28 agreed
cursory manner, in the classroom. The
of the Harvard Law School. The prize
to preside in Mr. Katzenbach's absence.
seminars are conducted by prominent
case was Lucas v. 44th Assembly of the
Unlike most earlier prize trials, the
trial lawyers invited from outside who
State of Colorado, 84 S.Ct. 1472, de-
case presented this year, State v. Wil-
are experts in various types of litigation.
cided by the United States Supreme
liams, was wholly imaginary. It in-
Reading lists provided by the guest at-
Court in July 1964. The case presented
volved the stabbing of a New Haven
torneys are placed on reserve in the
the question of whether the equal pro-
policeman by a local youth. The alleged
library before each seminar.
tection clause of the Fourteenth Amend-
stabbing took place while the police
The first seminar, on the evening of
ment of the Constitution requires that
officer was attempting to dissuade the
October 22, dealt with the subject of
both houses of a state legislature be ap-
defendant and his friends from obstruct-
medical testimony. It was conducted by
Counsel for the Defense (from the left):
portioned according to population or
ing the erection on the New Haven Green
Morgan P. Ames '47, president of the
Peter A. Flynn '66; Joel W. H. Klein-
according to a standard other than popu-
of a large Goldwater banner ("in your
Connecticut Trial Lawyers Association.
lation. In 1962, Colorado voters
berg '67.
heart you know he's right") by the Yale
Mr. Ames, assisted by Dr. Franklin
approved an amendment to the state
Young Republican Club in preparation
Robinson, a New Haven neurosurgeon,
Counsel for the Appellant (from the
constitution which provided for election
for a campaign speech to be delivered
discussed the preparation and examina-
left): Norman L. Blumenfeld, Franklin
districts for the state senate that were
on the Green that evening by Senator
tion of medical witnesses. On Novem-
W. Nitikman, and Douglas E. Rosen-
not apportioned according to population.
Humphrey. Aside from the question of
ber 24 Arthur L. Liman '57, of the New
thal.
Plaintiffs unsuccessfully argued before
guilt, the case presented some under-
York Bar, discussed problems of litiga-
a three-judge district court that "one
lying constitutional issues relating to
tion in business fraud cases. He covered
man-one vote" had to apply to the
seizure of evidence and denial of right
problems in securities fraud as well as
senatorial as well as to the lower house
to counsel. Actual New Haven police-
tax fraud cases. Mr. Liman leaned
election districts.
men, the Catholic Chaplain of Yale, and
heavily on his experience as a former
Arguing for the Petitioner were
a hemotologist from the Yale Medical
Assistant U.S. Attorney in the Southern
Franklin W. Nitikman and Norman L.
School were among those who appeared
District of New York. The final seminar
Blumenfeld; Douglas E. Rosenthal was
as witnesses representing themselves.
for the fall term was held on December
on the brief. Counsel for Respondent
The case for the prosecution was elo-
16. Philip Wittenberg of New York
were Peter A. Flynn and Lawrence R.
quently presented by Allen S. Boston '66,
City, a well-known litigator in the field
Metsch, with Daniel V. O'Leary on the
Joel W. H. Kleinberg '67, and Robert S.
of copyrights, conducted a seminar on
brief. All of the competitors are mem-
Rivkin '65. But an heroic defense by
bers of the Class of 1966. The bench
Peter A. Flynn '66, Robert W. Miller '67,
"Problems of Litigation in Copyrights
declined to comment on the July decision
and William J. Thom '66 nevertheless
and Unfair Competition."
of the Supreme Court reversing the de-
secured an acquittal from the jury.
Student response to the trial practice
cision of the district court and holding
The Gallagher Prize was awarded to
seminars has been favorable. The Bar-
Counsel for the Appellee (from the left):
Counsel for the State, Allen S. Boston.
that the "one man-one vote" principle
Robert W. Miller.
risters' Union is planning seminars in
Daniel V. O'Leary (on brief), Lawrence
Counsel for the Defense (from the left):
did apply and that the Colorado amend-
This fall has seen an innovation in
antitrust litigation and matrimonial set-
R. Metsch, and Peter A. Flynn.
Peter A. Flynn and Joel W. H. Klein-
ment was therefore unconstitutional.
the program of the Barristers' Union.
tlement for the spring term.
berg.
Page 22
Page 23
ATTORNEY, AGE 26, MARRIED, B.A. CORNELL
ATTORNEY, CLERKED FOR U.S. DISTRICT
ATTORNEY, 7 YEARS WITH GOVERNMENT, 3
The Bulletin Board
'59. LL.B. Yale '62, admitted Connecticut bar
Judge; Yale '62 top 1/3; 2 years varied govern-
years with corporation legal staff. Substantial
1962. Upper third of law school class. Will com-
ment experience; currently enrolled in LL.M. (tax)
experience in food and drug problems, litigation
plete service obligation 15 June 1965. Active duty
at N.Y.U.; accounting background, seeks challeng-
in courts and administrative hearings and general
as Air Force Judge Advocate since November 1962
ing position involving some tax work. Prefer New
corporate counseling. Seeking opportunity with
Graduate Placement
at Barksdale Air Force Base, Louisiana. Extensive
York or Washington areas, but will consider other
law firm or corporation. Age 34. Box AA
trial experience. Preference for litigation, but in-
locations. Box W
terested in any challenging position with good
THREE YEARS VARIED SECURITIES, LITIGA-
potential. Box R
tion experience; New York bar; seek position
ATTORNEY, 7 YEARS ANTITRUST AND COR-
with law firm, corporation. Box BB
LAWYER, 31, FOUR YEARS GENERAL AND
porate experience with government agency. Ex-
ATTORNEY, GENERAL AND INTERNATIONAL
LAWYER WITH 2 TO 5 YEARS EXPERIENCE;
CORPORATE ATTORNEY, 33. PRESENTLY WITH
POSITIONS AVAILABLE
international law practice, two well-known New
tensive litigating experience. Law Journal and
commercial law background desirable. Legal de-
listed company and its domestic subsidiaries.
experience, '49 grad., Law Journal grades, Ful-
York law firms, presently employed well-known
Coif school record. Prefer Washington, D.C., but
bright Scholar, Rome and Cambridge. Member of
partment in bank in Boston, Mass. Please submit
Experience in the general corporate, corporate
international law firm, seeks legal or nonlegal
will consider New York City. Box X
EXCELLENT OPPORTUNITY FOR RECENT GRAD-
N.Y., N.J., and D.C. bars. Varied career includes
detailed resume. Box 9
secretary and commercial areas. Previously with
position with firm, corporation, government, or in-
uate or third-year law student for general
governmental bureau in an investigative capacity.
1 year visiting professorship Harvard Business
ternational organization in international trade, busi-
practice of law in growing two-man law office in
NEW ENGLAND CORPORATION OFFERS EXCEL-
Desire challenging position with a corporation or
ATTORNEY, LL.B. '61, PRESENTLY WITH
School, 2 years in government and balance with
ness or investment fields or in the field of economic
Burlington, Vermont. Please send detailed resume.
lent opportunity for patent attorney with good
law firm in Midwest. Box D
single practitioner. Same employer since gradu-
New York law firm. Seeks challenging opportunity.
development. Author several articles in interna-
Box 1
background in electronics or physics. 2 or 3 years
tional trade field. Actively engaged in non-govern-
ation. Assumes responsibility and works independ-
Box CC
experience in filing and prosecuting patent applica-
TAX ATTORNEY WITH 8 YEARS EXPERIENCE
YOUNG ATTORNEY FOR GENERAL PRACTICE
mental organization work at the United Nations.
ently in general commercial practice with emphasis
ATTORNEY - 3 YEARS OHIO PRACTICE WITH
tions and investigating matters of infringement and
as a government attorney in highly responsible
Languages: Spanish, French, and good Russian.
on real estate. Seeks position with NYC firm
in Larchmont, New York, office. Research back-
validity preferred. Box 10
positions; top sixth of law school class. Desires
probate, corporate, and tax emphasis. Looking
growth, with preference for a position on the East
Phi Beta Kappa. Single. Will relocate overseas.
which offers opportunity based on excellent work
ground; corporate, negligence and trial practice.
for responsibility and challenge. Willing to relo-
Box S
rather than ability to bring in business. Box Y
Please submit resume stating qualifications and
ATTORNEY WITH 2 OR 3 YEARS EXPERIENCE
Coast although other areas will be considered.
cate and use several foreign languages. Resume
salary expectations. Box 2
available. Box DD
as assistant to senior vice president and house
Resume on request. Box E
ATTORNEY, NOW DEPUTY ADMINISTRATOR OF
LAWYER WITH 0-5 YEARS EXPERIENCE; TO
counsel of fast-growing publicly-owned company,
ATTORNEY, 43, OUTSTANDING SCHOLASTIC
federal agency, formerly on legal staff of large
INTERNATIONAL OPERATIONS PLANNING, LL.B.
CORPORATE COUNSEL AND SECRETARY -
join corporate legal staff of a leading New Eng-
headquartered in Miami, Florida, operating in diver-
'54. Age 35, seven years of corporate practice
sified business areas. Submit resume and salary
record and broad background with leading N.Y.
corporation and associated with large Wall Street
All law phases. Industries include mining,
land fire and casualty insurance company. Insur-
firm and two major corporations; extensive experi-
law firm. Extensive legal experience in corporate
in private practice with leading firms in Southwest
manufacturing, electronics, merchandising. Box EE
ance background not required. Please submit
requirement. Box 11
ence as house counsel and corporate secretary with
finance, acquisitions, and SEC matters; substantial
and in Midwest. Two years in corporate practice
resume. Box 3
LAWYER WITH 5 TO 10 YEARS EXPERIENCE
emphasis on financial matters and organization.
legal experience in international, labor, tax, anti-
on the International Operations Legal Staff. Cur-
CORPORATE ATTORNEY WITH INTERSTATE
Seeks position requiring outstanding legal and
trust, and real estate matters. Top level govern-
rently on management team assisting line manage-
and international experience, plus general prac-
ATTORNEY WITH 5-8 YEARS EXPERIENCE IN
involving substantial litigation and public utili-
organizational ability. Box H
ment administrative experience on federal regula-
ment in short-, medium- and long-range operations
tice, including contract negotiation and drafting;
federal tax law wanted for responsible position
ties or other regulatory agency proceedings, for
tory matters. Desires responsible corporate law
planning for both domestic and international ob-
licensing; SEC; secretarial functions and stock-
by leading middle-sized Chicago law firm. Please
position as attorney in administrative office of
TAX ATTORNEY. 5 YEARS PRIVATE PRACTICE.
or executive position. Resume and interview on
jectives and reporting to vice president and presi-
holders relations; financing; some labor, taxes, and
send detailed resume. Replies held in confidence.
expanding, diversified public utility company. Pre-
Experience in: domestic and foreign income tax
request. Box T
dent. Recent management change may result in
trade regulation; real estate, and languages. LL.M.
Box 4
fer accounting, business administration or engineer-
elimination of present position. Actively seeking
and Parker School certificate. Admitted in New
matters, plus allied corporate and administrative
ing background. Location in southwestern Connec-
law matters; estate and gift tax; and state and
LABOR LAWYER, 10 YEARS EXTENSIVE EX-
another opportunity (legal or nonlegal) to utilize
York in 1948. Desires permanent business or law
BALTIMORE, MARYLAND, LAW FIRM, ENGAGED
ticut, suburban to New York City. Communications
local taxation. LL.M. (taxation) candidate at
my abilities to assist in identifying commercial
firm connection. Will relocate. Box FF
perience all phases of labor relations including
exclusively in practice of labor law representing
will be held in strictest confidence. Send complete
New York University. Fluent knowledge of Euro-
negotiations (national and local), arbitration, liti-
objectives, in planning how to achieve agreed
management, wishes to add two lawyers to staff.
resume, including salary history. Box 12
pean languages. Seeks position in tax field with
gation in federal and state courts, practice before
objectives and in implementing plan. Can furnish
ATTORNEY, 34, 8 YEARS OF GENERAL PRAC-
Experience in labor law desirable, but not necessary
New York City law firm or corporation. Box J
NLRB and other government agencies. Partner
resume, job descriptions and references on request.
tice with emphasis on litigation and real estate.
if applicant is recent graduate. Submit resume
New York law firm. Box U
Box Z
Seeks position with law firm or corporation. Resume
and interview will be arranged. Box 5
LAWYERS AVAILABLE
CORPORATE ATTORNEY, 3 YEARS WITH NEW
on request. Box GG
York City based major industry trade association.
LAWYER FOR INTERNATIONAL PUBLISHING
firm. Previous publishing experience not neces-
ATTORNEY, 36, LAW JOURNAL, 9 YEARS
Experienced in general corporate and house counsel
work with stress on legislation, trade regulations,
sary. Willing to train. However, legal experience
diversified experience with large New York firm,
administrative rulings, taxes and copyrights. De-
required. Spanish also required. Please submit
emphasis on administrative agency, tax and corpo-
rate matters; seeks corporate association in New
sires corporate position in New York City. Resume
full resume and salary requirements. Will be held
on request. Box K
in complete confidence. Box 6
York area. Box A
ATTORNEY, SUBSTANTIAL EXPERIENCE IN
ATTORNEY HAVING 5 YEARS EXPERIENCE
ATTORNEY MATURE AND EXPERIENCED, 12
litigation, before both courts and administra-
with emphasis on taxation is required by law
years private practice in NYC in general corpo-
tive tribunals. Eleven years of practice, including
department of established NYC corporation doing
rate and commercial fields with special emphasis
experience as legislative representative. Presently
a nationwide business. Assignments would include
on administrative agencies, labor relations, federal
on legal staff of large corporation. Admitted to
federal, state, and local tax matters and some
and state taxes, including pensions and deferred
practice in Connecticut and before Federal courts.
general corporate work. Opportunity to advance.
compensation. Also trade regulation, acquisitions,
Interested in association with law firm or corpora-
Liberal benefits. Submit complete resume indicat-
litigation and SEC. Highly original, adaptive, alert
tion. Resume on request. Box L
ing acceptable salary range. Box 7
and assertive. Excellent academic record. Foreign
TAX ATTORNEY. OUR CLIENT A MEDIUM-
languages. Desires responsible law or executive
FEDERAL ATTORNEY WITH WIDE EXPERIENCE
sized downtown New York law firm of outstand-
position. Box B
in variety of legal and management positions
in Defense Dept. involving international law, pro-
ing reputation, is searching for an associate in its
ATTORNEY, CLASS '60, LAW CLERK TO CHIEF
curement, administrative law, legislative drafting,
tax department. The successful candidate will
Judge, U.S. Court of Claims, former USAF JAG,
Congressional liaison, trial work, military law,
have had an outstanding academic record and from
3 to 5 years experience in general tax law with a
admitted in Ohio and D.C., desires position with
claims adjudication. West Pointer (BS) and 1951
good firm. Compensation will range from $10,000
law firm or corporation with work in general corpo-
Yale Law graduate. Taught college English for
to $14,000 plus a discretionary bonus. Please
rate and/or government procurement matters.
3 years (expository writing and speaking). Seeks
Resume on request. Box C
challenging legal or managerial position with law
send resume. Box 8
firm, corporation, state or municipal government
agency, or teaching assignment. Box M
ATTORNEY, 37, 9 YEARS SPECIALIZED TAX
experience with federal government and New
*Placement Office Note
York law firm, plus 4 years experience in securi-
ties industry. Seasoned in negotiation, financial
It is not uncommon for lawyers to make several changes during the course of their profes-
evaluation, administration. Excellent academic
sional careers. An alumnus contemplating such a move may wish to avail himself of the clearing
record. Resume on request. Box o
house facilities of the Yale Law School Graduate Placement Office. He also is welcome to take
YOUNG ATTORNEY, 1963L, GOOD ACADEMIC
counsel with the Director of Placement and to have a notice published here. Similarly,
standing. Military service will be completed
law firms, corporations, and other organizations with positions available for experienced lawyers
August 1, 1965. Seeks position with law firm in
may have notices published here. All notices are published without charge. Correspondence relat-
northern California metropolitan area. Interests:
ing to The Bulletin Board should be directed to Robert I. Stevenson, Director of Graduate Place-
labor, negligence, criminal, domestic relations.
ment, Yale Law School, 127 Wall Street, New Haven, Connecticut 06520. Notices for the next
Resume on request. Box P
issue must be submitted by May 3, 1965.
Page 24
"Caveat emptor !"
Copyright © 1964 The New Yorker Magazine, Inc.
REGIONAL NEWS
Georgia
The Wall Street Lawyer, from page 21
York firms, that in New York "the
The YLSA of Georgia held a luncheon
moment fulfilling. Their flexible organi-
majority did not come from Columbia,
meeting on Friday, December 4, in con-
zation,
allows and aids most of its
which to New York is almost [sic] what
junction with the mid-winter meeting of
members and professional employees to
Harvard is to Boston." (p. 181)
the Georgia Bar Association. The
be autonomous within the limits of
This is a useful book, full of solid
alumni gathering was held at the Pied-
group practice.
Because the law
material, organized in a way which
mont Hotel in Atlanta, and Professor
firms are successful in sponsoring most
should prove useful both to law students
Myres McDougal of the School, who had
of their attorneys' independence, the
considering whether or not to seek
earlier in the week traveled to Athens
strains which generally stem from a
careers in large New York law firms,
to deliver a series of lectures at the
clash of values between bureaucratic
and to sociologists wishing to compare
University of Georgia, was the guest
norms and professional norms appear to
them with other organizations, particu-
speaker.
be very mild; because the firms have
larly those in other professional fields.
been successful in achieving autonomy
To one who has worked in and with
Illinois
for their lawyers, the client is in a
these large firms, it fails to convey a
Arthur R. Curtis '40, president of the
position to receive the best from his
sufficient sense of the challenge and
YLSA of Illinois, was in charge of the
attorneys.
It is the autonomy of the
excitement of their work, but that was
alumni luncheon in the Palmer House,
professional person which sets the stage
not its purpose and some of it does
Judge Thomas W. Swan, Senior U.S.
Chicago, on Monday, December 28, at
for his creativity - a required ingre-
come through.
Circuit Judge and our former Dean, has
the time of the annual meeting of the
dient when dealing with the esoteric,
In concluding, I would like to submit
given the Law School Library a first
Association of American Law Schools.
the difficult, and the exceptional."
to the law students who may read this
edition of Blackstone's Commentaries.
Recently elected officers are: president,
For the college or law student plan-
a quotation from the fishing book men-
According to Librarian Harry Bitner,
Albert E. Hallett '31; vice-president,
ning a career, this book provides a mine
tioned earlier: "Trout fishing luck con-
this edition, which the Library's Black-
Sidney G. Saltz '62; and secretary, John
of useful information, and a reliable
sists of finding the fish in a feeding
stone Collection lacked, is exceedingly
C. Williams '54.
profile of the opportunities offered by
mood. Skill and knowledge are respon-
rare. Judge Swan has also recently
Taken at the New Jersey State Bar Association's midyear meeting in Atlantic City,
the large New York law firm. Much of
sible for further success." Each of these
given complete sets of the U.S. Supreme
New Haven
from the left: William C. Gotschalk '24; T. Girard Wharton '28, president of the
the material is presented in quotations
books provides some of the useful knowl-
Court Reports, as the Federal Reporter,
On December 2, 1964, a luncheon
YLSA of New Jersey; and Marvin N. Rimm '56.
from extensive interviews, which give
edge. The requisite skill is up to you.
Federal Supplement, and the U.S. Code
meeting of the YLSA of New Haven was
depth and flavor.
Annotated, in addition to many valu-
held in the Faculty Dining Room of the
The reader not interested in sociologi-
for the coming year are: president,
Friday, January 29, on the occasion of
able legal publications. He has con-
Law School. Election of new officers
cal techniques is advised to skip Chapter
Rhoda L. Loeb '44; vice-president, Law-
the New York State Bar meeting. The
tinued his subscription to the Supreme
was held at that time. The new officers
Two, on "Sample, Method and Tech-
rence R. O'Brien '61; secretary, Harry
guest speaker was Vincent S. Jones,
Court Reports for the benefit of the
niques," though it contains some amus-
Wexler '62; treasurer, William Cousins
executive editor of the Gannett News-
Library.
ing sidelights on the reactions of down-
'43; and regional representative, John
papers. Harmar Brereton '34, of the
town lawyers when confronted by an
D. Fassett '53. The guest speaker at the
Eastman Kodak Company, was the chair-
interviewing professor, and vice versa.
luncheon was Assistant Dean Henry V.
man for this event.
Also, the reader should be reassured that
Poor '42, who enlightened the gathered
alumni on admissions procedure and
Northern California
the main body of the book stands on
financial aid policy.
The Yale University seminar meetings
more solid ground than the somewhat
for alumni will be held in March in San
naive conclusions suggested in the open-
James L. Norvell, director of the Capi-
Francisco. In connection with this, Law
ing chapter on "The Large Law Firm in
New Jersey
tal Funds Program for the Law School,
School alumni on the West Coast will
American Society." This frequently
resigned his position early in November
A luncheon meeting of Yale Law
have a dinner on Friday, March 19.
confuses the role of the large firms with
to assume a similar post at the Univer-
School Alumni in the New Jersey Asso-
that of lawyers in general, particularly
sity of the Pacific, where he will be
ciation was held in Atlantic City on
Philadelphia
in relation to the legislative process,
directly concerned with the health profes-
Saturday, November 21, 1964, during
During the annual meeting of the
government service, and bar association
sions.
the course of the fall meeting of the New
Pennsylvania Bar Association, the YLSA
activities.
Jersey State Bar Association.
of Philadelphia held a luncheon on
In reviewing this book for a Yale pub-
January 28 at the Penn-Harris Hotel.
lication, one can be objective in chuck-
New York City
Lieutenant Governor Raymond P. Shafer
ling over the remark by the author, an
The annual luncheon of the YLSA of
'41 served as chairman and presided at
NYU professor, in comparing the re-
Harmar Brereton '34
New York was held at the Plaza on
the luncheon.
cruiting policies of Boston and New
Page 26
Page 27
HOLLY
SPRINGS
Loren F. Ghiglione '66
Ante bellum cotton town
and center of social and
cultural life. Home of 13
generals of Confederacy.
Grant's southern advance
A Summer in Mississippi
other local civil rights efforts. Mayor
prejudice; they are after a change in
halted here by Van Dorn's
honor student in college, Stone wanted
great raid, December. 1862
Coopwood and state Senator George
the basic social, political, and economic
to teach in the Mississippi public school
Yarbrough both wrote to the area bishop
structure of the area.
system. His application was refused.
of the Methodist Church asking that he
So, to lead the efforts at redoing
The independent minded Mississippi
investigate Rust and President Smith.
southern society and to meet the poten-
Free Press described those Negroes who
A promise from one of the state's two
tial for violence, Rust and other Negro
are hired as "having learned well how
all-white Methodist conferences to pro-
colleges in the South are struggling hard
to satisfy their masters in local and state
Last summer six Yale Law School
and sworn at, another student volunteer
explains how the town has thousands in
vide funds for a new student center has
with what they get and do not get.
politics and having demonstrated in
students taught at Negro colleges as part
says over his walkie-talkie, "A sheriff's
unpaid fines to attest to local generosity
not been fulfilled.
Rust gets many bright students but
some concrete manner willingness to be
of the Southern Teaching Program, an
deputy has just walked up to me and
toward the Negro.
"The question is no longer of white
they are the products of some of the
obedient and to subordinate themselves
informal organization of students found-
said, 'God damn it, move on.'" The
"Last Saturday this colored man back-
against black," William Faulkner said
worst public school systems in the coun-
at all times to all members of the 'closed
ed at the Law School in October 1963.
student is arrested for profanity and
ed out into traffic. He couldn't pay the
several years before his death. "It is
try. "We are expected," said a Rust
society."
Miss Harriet M. Bograd '66, Nicholas S.
later bail is set at $500.
$7 fine so I told him to come back when
whether or not white people shall re-
teacher, "to make up the four years of
Unable to teach in Mississippi but still
Freud '66, Vincent J. Rinella Jr. '66, and
A police dog rests in Sphinx-like posi-
he could. I don't know anywhere in
main free. We speak now against the
work they never got in high school plus
anxious to stay in the state, Stone works
Robert F. Walker '66 taught at Texas
tion, tied loosely to a historical marker
the world where they turn a man out to
day when our Southern people who will
four years of college, all in four years."
for the Student Non-Violent Coordina-
Southern University. James T. B. Tripp
that captures the "Old South" side of
get money." Coopwood tells of one
resist to the last these inevitable changes
According to a 1961 survey, the average
ting Committee at $9.64 a week. The
'66 was an instructor at Tuskegee Univer-
this town's personality: "Holly Springs:
Negro who was worried about all the
in social relations, when they have been
entering freshmen, through no fault of
frustrations he has experienced have
sity and Loren F. Ghiglione '66, the
Anti-bellum cotton town and center of
civil rights activity changing his way of
forced to accept what they at one time
his own, has the reading ability equiva-
only made him more determined. In an
author of this article, taught at Rust
social and cultural life. Home of 13
life. "I told him, 'Just live like you've
might have accepted with dignity and
lent to that of an eighth or ninth grader.
editorial for the Rust student weekly,
College in Holly Springs, Mississippi.
Generals of the Confederacy. Grant's
been living for the last fifty-five years
goodwill, will say 'why didn't someone
What Rust does not get is money. The
which he helped found, Stone wrote:
Last year the Southern Teaching Pro-
southern advance halted here by Van
- no one will bother you.'
tell us this before? Tell us this in
starting salary as late as 1961 for an
"The wrongs heaped upon us will be
gram found instructorships for 53-gradu-
Dorn's great raid, December, 1862."
At the center of local resistance to this
time."
instructor was $2400. There are no
our constant cry but we shall overcome
ate and professional students. This
The Old South of Greek Revival archi-
lap dog mentality is Rust College, a
It is too late now. White Mississippi
Ph.D.'s on the faculty. Professors are
by labor, suffering, sacrifices and by our
summer it expects to place about 200
tecture, King Cotton, and Civil War
Methodist school on the edge of town
continues to cry, "Go slow. Wait."
called on to teach from 12 to 20 hours
lives. There shall be nothing too great
students on the faculties of Negro col-
victories lives on today in a stagnant
founded by the Freedman's Aid Society
And the Negro in Mississippi, as Mrs.
of class each week and, during the sum-
for the cause and the cause is freedom
leges throughout the South.
culture intent on refuting the twentieth
in 1866 to educate former slaves. "It's
Fannie Lou Hamer is fond of saying,
mer session, as much as 36 hours a week.
not in the years to come but now."
century's existence. Hastily lettered
difficult to get a man riled against the
has grown sick and tired of being sick
But Rust keeps trying. The college
This was the spirit of Mississippi,
It is Freedom Day in Holly Springs,
signs have sprouted in response to the
paternalistic system," says President
and tired. He knows that "wait" has
took on six graduate and professional
summer 1964.
Mississippi, a small town on the edge of
Civil Rights Act. In Landruth's, a com-
Earnest Smith. "All Negroes don't think
almost always meant "never."
school students from Yale and Columbia
Faulkner country billed by its Chamber
bined tackle shop and restaurant, three
the same way - all are victims but some
Retaliatory violence by Negroes is in
to teach history, English, biology, and
of Commerce as "Where the Old South
cardboard placards read "Membership
find a comfortable rut in the road."
the air. One staff worker for the Stu-
political science last summer. The in-
Meets the New."
Only." Window displays at Western Auto
When local citizens refused to rent a
dent Non-Violent Coordinating Com-
structors were part of the Southern
But the tense meeting of the old and
highlight rifle racks for pickup trucks
building to civil rights workers for a
mittee described how 40 young Negroes,
Teaching Program, an informal organi-
The annual banquet of the Yale Law
new as forty Negroes quietly enter the
and pistol holsters that strap under the
summer Freedom School, Rust College
largely teenagers, gathered outside a
zation of students at the Yale Law
Journal will be held on April 3. Judge
county courthouse for voter registration
driver's seat.
became home. Each morning, in the
gas station in Holly Springs after a sum-
School, who found teaching positions for
John Minor Wisdom of the Fifth Circuit
tests represents a kind of meeting which
The only voluntary desegregation in
middle of Rust's front lawn Freedom
mer volunteer was threatened by a
53 graduate students at 13 Negro colleges
Court of Appeals will be the guest
the city fathers are not out to publicize.
Holly Springs came last year with the
School classes for 90 children were held
bottle wielding local white. "Man, they
throughout the South.
speaker. Professor Leon Lipson will
Ten county and city officers plus a
"integration" of the one-room public
in art, Negro history, dancing, and regu-
had everything - knives, stones, some
In addition to instructing classes, the
act as toastmaster.
small army of fifty "volunteer" farmer-
library. But the victory could have
lar elementary and secondary school
guns. I told them to cool it - they're
group of six at Rust found time to start
Cocktails will be served in the Hall of
policemen mill around under the court-
been mistaken for defeat; according to
courses.
not about to take much more of this."
a weekly student newspaper, collect and
Graduate Studies, dinner in the Law
house trees, shading themselves from the
local Negro college students the library
A two-family faculty residence was
Colleges such as Rust, disparaged so
catalogue 2,600 books for the college's
School Dining Room. Alumni inter-
101 degree sun. Across the street 200
tables and chairs were removed and all
converted into a community and recre-
frequently by civil rights leaders for
outdated library, conduct remedial class-
ested in attending should address their
Negroes watch.
the good books were transferred to a
ation center. The college became a book
not demanding freedom now, ironically
es in spelling and grammar, and organ-
inquiries to Drawer 401A, Yale Station,
Two officers fall into step behind
private collection.
depot for Freedom Schools throughout
enough will probably be at the center
ize a series of seminars on "Race Rela-
New Haven, Conn.
a Negro civil rights worker who car-
Paternalism in Holly Springs is more
the state with close to 100,000 volumes
of the next rights push. Education has
tions in South Africa," "The Negro
ries a walkie-talkie. They hold a jam-
insidious and just as lethal as segrega-
being unpacked, sorted, and prepared
become more crucial as the vision of the
Writer in America," and other topics of
ming instrument that interferes with
tion. In a self-satisfied tone, Sam
for shipment in the basement of the
Negro has widened from an integrated
interest to students.
his calls to a nearby Negro church,
("everybody calls me Sam") Coopwood,
administration building.
lunch counter to a totally reconstructed
The hope of Mississippi rests with
where those ready for the walk to the
Holly Springs mayor, city judge, cloth-
Rust College has paid heavily for en-
society. Negroes no longer are satisfied
young Negroes like Joe Stone, who was
courthouse are waiting. When grabbed
ing store owner, and former police chief,
couraging the Mississippi Project and
with attacking segregation and racial
graduated last summer from Rust. An
Page 28
Page 29
YALE LAW SCHOOL ASSOCIATION
127 WALL STREET
NEW HAVEN, CONNECTICUT 06520
MA
March 1, 1965
To All Alumni:
Judge Carroll C. Hincks, 1889 - 1964
You will be called upon this spring to elect Officers of the Yale Law School
Association and six additional Members-at-Large of the Executive Committee. The
Nominating Committee invited recommendations for candidates from the regional
associations and from members of the Executive Committee and reports its decision
to nominate the following:
For Officers, the incumbents:
President
Langdon Van Norden '40, New York City
Vice-Presidents
Irving M. Engel '13, New York City
Judge Carroll C. Hincks '14, retired.
ings of members of the Executive Com-
Louis J. Hector '42, Miami, Florida
member of the United States Court of
mittee of the Law School Association
Eugene M. Locke '40, Dallas, Texas
Appeals for the Second Circuit, died on
and at the Century. I admired him
Roy H. Steyer '41, New York City
September 30 in New Haven. He was
greatly and was extremely fond of him.
Ezekiel G. Stoddard '34, Washington, D.C.
74 years old, and had been a member of
He had a most distinguished career as
Secretary
Wallace Barnes '52, Bristol, Connecticut
the Connecticut bar for 50 years (28
a lawyer and as a judge, he abundantly
Treasurer
Arthur Mag '20, St. Louis, Missouri
spent serving as a federal judge). He
discharged each duty that he ever as-
was a district court judge for 22 years,
sumed, and he made an important con-
For Members-at-Large:
a circuit judge for 6. He retired in
tribution to his country."
Carolyn E. Agger '38, Washington, D.C.
1959.
He is also remembered fondly by his
G. d'Andelot Belin '46, Washington, D.C.
President Hoover appointed Judge
former law clerks, who have established
Cleveland C. Cory '43, Portland, Oregon
Hincks to the district judgeship on the
a memorial fund in his name at the Law
Richard D. Cudahy '55, Milwaukee, Wisconsin
recommendation of the late Senator
School.
A. Leon Higginbotham '52, Philadelphia, Pa.
Hiram Bingham. He was sworn into
A joint session of the U.S. Court of
Victor S. Johnson Jr. '41, Nashville, Tenn.
office in January 1931. At the time,
Appeals for the Second Circuit and the
Peter H. Kaminer '39, New York City
Connecticut had two district judges, but
U.S. District Court for the District of
Guy Martin '37, Washington, D.C.
between the resignation of Judge Edwin
Connecticut was held on December 21
Alfred M. Rankin '39, Cleveland, Ohio
S. Thomas and the appointment of Judge
in memory of Judge Hincks. Chief
Lyndes B. Stone '30, Hartford, Connecticut
J. Joseph Smith '27, Judge Hincks han-
Judge J. Edward Lumbard of the Court
Alan M. Stroock '34, New York City
dled the work of the district alone. He
served overseas with the unit from
of Appeals presided. Superior Court
Daniel G. Tenney Jr. '38, New York City
achieved early prominence as a federal
1917-19.
Judge Herbert S. MacDonald spoke of
Additional candidates may be nominated by petition signed by at least twenty-
judge while presiding over the New
After he was admitted to the bar,
Judge Hincks' long period of service to
five members of the Association and delivered to the Nominating Committee at the
Haven Railroad's first reorganizational
Judge Hincks practiced briefly in New
Yale and the New Haven community.
Yale Law School not later than March 27, 1965.
proceedings (1935-47). He continued
Haven and then moved to Waterbury
Others speaking of the memory of
Ballots will be mailed to alumni in April, and results of the election will be
to preside over the present proceedings
where he became a member of Meyer,
Judge Hincks were District Court Judge
announced at the annual luncheon meeting of the Association on Alumni Day,
in Judge Anderson's absence.
Hincks & Traurig.
William H. Timbers '40, of the Connec-
May 1st.
Judge Hincks was elevated to the Ap-
In a brief reminiscence accompanying
ticut District; and U.S. Circuit Judges
peals Court in 1953 by President Eisen-
a memorial contribution to the Dean's
J. Joseph Smith '27, Thomas W. Swan,
The Nominating Committee for this year consists of:
hower. He was recommended by former
Fund, Sidney W. Davidson '16 recalled,
and Harold R. Medina, who also read
Stanley R. Resor '46, Chairman, New York City
Senator Prescott Bush to fill the spot
"I spent the summer of 1912 with him
a tribute from U.S. Supreme Court
Buist M. Anderson '29, Hartford, Connecticut
vacated on Judge Thomas W. Swan's
at Lyme, Connecticut, and he tutored
Justice John Marshall Harlan.
James H. Dempsey Jr. '41, Cleveland, Ohio
retirement.
me for entrance to Yale College. I took
Other judges on the bench during the
Morton Fearey '38, New York City
He was born in Andover, Massachu-
ten examinations in September and
ceremony were U.S. District Judges
Eric Hill Hager '42, New York City
setts, graduated from Phillips Andover
passed the ten. He was more responsible
Robert C. Zampano '54, T. Emmet
Hart Hunter Spiegel '46, San Francisco, California
Academy, and Yale College 'll. He
than anyone else for my admission.
Claire, M. Joseph Blumenfeld, U.S. Cir-
was a member of the 1914 Law School
"Later I went to the Law School. I
cuit Judge Robert P. Anderson '29, and
By order of the Committee
class. He was sent to the Mexican
saw him from time to time while I was
John Hamilton King '25, Chief Justice
Robert I. Stevenson '37
border in 1916 as a field artillery captain
studying in New Haven and since then
of the Connecticut Supreme Court of
Executive Director
in the Connecticut National Guard and
at Law School affairs, including meet-
Errors.
Page 30
Page 31
Professor Fowler V. Harper, 1897 - 1965
CLASS NOTES
'08
'29
James W. Cooper
'37
Florence M. Kelley
205 Church Street
5 East 10th Street
and on several law faculties. He met
be historic in its import to the nation.
New Haven, Conn.
New York, N.Y.
CLARENCE J. BLINN has been
the test of his long and painful illness
Last December he asked his colleague,
elected without opposition to his 16th
BERNARD P. KOPKIND has an-
GUY MARTIN'S law firm in Wash-
with serenity. A host knew him truly
Professor Thomas I. Emerson, to argue
nounced the removal of the offices of
ington, D.C., has changed its name to
to be a friend."
the case for him.
consecutive two-year term as County
his law firm, Kopkind & Flynn, to 132
Martin, Whitfield & Thaler.
Surviving are his widow, Mrs. Miriam
Judge (Probate Court) of Oklahoma
Born in Germantown, Ohio, Mr. Har-
County, Oklahoma. At its annual lunch-
Temple Street, New Haven, Conn.
per received the B.A. and LL.B. degrees
Cohen Harper, and a daughter by a pre-
eon the Oklahoma County Bar Associa-
'38
Daniel G. Tenney, Jr.
vious marriage, Miss Constance Lillian
1 Chase Manhattan Plaza
from Ohio Northern University in 1923.
'33
J. Ronald Regnier
tion will present a Lajos Markos oil
New York, N.Y.
Later he earned his M.A. from Iowa
Harper of Los Angeles.
Regnier & Moller
portrait of Judge Blinn, which will be
37 Lewis Street
GERARD C. SMITH has resigned as
State University and the J.S.D. from
Memorial gifts may be sent to the
Law School in care of Dean Rostow.
hung in the Oklahoma County court-
Hartford, Conn.
special assistant to Secretary of State
the University of Michigan. After
house.
Governor John Dempsey of Connecti-
Dean Rusk for coordination of United
teaching at the Universities of North
They will be added to the School's
cut has appointed MARTIN J. MOSTYN
States policy toward the nuclear prob-
Dakota, Oregon, Texas and Louisiana
Capital Funds campaign, and the income
of Hartford a judge of the Circuit Court
lems of the Atlantic Alliance to return
State University and Indiana University,
will be used to provide financial aid to
Mr. Harper came to Yale as a visiting
'25
of Connecticut.
to the Center for Foreign Policy Re-
students.
search.
professor of law in 1947. He was ap-
HAROLD S. SHEFELMAN announces
'34
Ezekiel G. Stoddard II
pointed professor of law the following
Deceased
the removal of the offices of his law firm,
Wilmer, Cutler & Pickering
'39
Louis W. Goodkind
900 17th Street, N.W.
year.
'91 Harry Mighels Verrill
Aug. 1964
Harriman Road
Roberts, Shefelman, Lawrence, Gay &
Washington, D.C. 20006
From 1937 to 1947 he was professor
'02 Edward C. Ellsbree
June 1964
Irvington-on-Hudson, N.Y.
'02 Frederick S. Holsteen
Oct. 1964
Moch, to 1818 IBM Building, Seattle,
WILLIAM G. WOOD has become a
IRVING S. RIBICOFF of Hartford
of law at Indiana University. He also
'04 Charles S. Gerth
Nov. 1964
Washington.
served as general counsel for the Federal
'04 Frederick B. Merrels
June 1964
member of the firm of Smith, Stratton,
has been elected president of the Con-
'06 Otto P. Caplin
Sept. 1964
Wise & Heher, with new offices located
necticut chapter of the Federal Bar
Professor Fowler Harper, Simeon E.
Security Agency and consultant for the
'06 William Edward Kennedy
Oct. 1964
Baldwin Professor of Law, died on Janu-
Department of Agriculture from 1940 to
'06 William P. Mulville
June 1964
at 70 Nassau Street, Princeton, New
Association.
'06 Charles A. Roberts
May 1964
'26
Jersey, and 1412 Trenton Trust Building
ALBRIDGE C. SMITH III announces
ary 8 after a long illness.
1942. He was on leave of absence from
'08 Timothy J. Campbell LL.M.
Nov. 1963
in Trenton.
the removal of his law offices to 70
In announcing his death Dean Rostow
the University from 1942 until 1945,
'09 Alfred W. Andrews
June 1964
The American College of Trial Law-
'09 Frank W. Barnes
Aug. 1963
Nassau Street, Princeton, New Jersey.
wrote, "Fowler Harper was held in deep
during which time he was chairman of
'09 Edward R. McGlynn
Oct. 1964
yers has announced the election to fellow-
affection by his colleagues, his students
'10 Milton M. Eisenberg
Dec. 1964
ship of BERNARD WIESS of the firm
'35
John D.J. Moore
the Joint Army and Navy Committee on
W. R. Grace & Co.
and his co-workers in the many causes
Welfare and Recreation, deputy chair-
'10 Alan R. Rosenberg
Oct. 1964
of Wiess & Costa of Monticello, New
7 Hanover Square
'41
Harry O. H. Frelinghuysen
'll Malcolm H. Clark
Nov. 1964
Far Hills, New Jersey
New York, N.Y.
to which he devoted so much idealism
man for the War Manpower Commis-
'll Raymond E. Hackett
July 1964
York. Mr. Wiess was one of five law-
Before returning to Washington for
and zeal. The feeling of warmth he in-
sion, an associate member of the Nation-
'll Patrick Healey
Oct. 1964
Dec. 1964
yers from New York State chosen for
JOHN B. FORREST has opened an
'll Joseph A. Lockhart
the convening of the present session of
spired is the more remarkable because
al War Labor Board, and solicitor for
Dec. 1964
this award during 1964. Justice Byron
office for the general practice of law at
'll Francis G. Monahan
Congress, Congressman PETER H. B.
he was a crusader by temperament,
the Department of the Interior. He had
'12 Mack E. Meader LL.M.
May 1964
R. White '46 received honorary fellow-
22 Boston Post Road, Larchmont, New
FRELINGHUYSEN attended a series
always engaged in highly controversial
been associated with the Bobbs-Merrill
'14 Carroll C. Hincks
Sept. 1964
'18 Roy W. Hanna
ship.
York.
June 1964
of December meetings in Europe as a
movements of reform. But everyone
Publishing Company as editorial adviser
'18 Herbert Hoover LL.D.
Oct. 1964
delegate to the 13th Conference of the
recognized his generosity of spirit, and
since 1936. During World War I, Mr.
'21 Charles J. McNamara
Sept. 1964
'21 Joseph Weiner
Nov. 1964
'36
John Q. Tilson, Jr.
Wiggin & Dana
United Nations Education, Scientific and
the purity of his motives. His cuts and
Harper served as a cadet in the U.S. Air
'25 Carl Merryman
July 1962
'27
Bradford Boardman
205 Church Street
Cultural Organization.
thrusts left no wounds.
Service.
'26 Max P. Rapacz
Aug. 1964
Boardman, Stoddard & McCarthy
New Haven, Conn.
'26 Albert Trepel
Sept. 1964
955 Main Street
"Mr. Harper's scholarship and teach-
At the time of his last illness, Profes-
'26 Lewis H. Tribble LL.M.
Dec. 1963
PHILIP C. BROWNELL has been
'43
Charles T. Stewart
ing made him one of the leading figures
sor Harper was engaged in carrying
'27 Irwin M. Ives
May 1964
Bridgeport, Conn.
J. C. Penney Co.
appointed executive vice-president in
'27 John M. Piriczky
March 1964
330 West 34th Street
of his academic generation. The Trea-
through a legal battle on Connecticut's
'27 Robert H. Wrubel
Aug. 1964
State's Attorney ARTHUR T. GOR-
charge of packaging for the Olin Mathie-
New York, N.Y.
tise on Torts he wrote with his friend
birth control law, and in late 1964 had
'29 Celestino C. Vega, Jr.
Nov. 1964
MAN of Connecticut has resigned after
son Chemical Corporation. Mr. Brow-
RUFUS KING announces the removal
'30 George Nebolsine
March 1964
Fleming James, Jr., is his masterpiece.
won a round in the fight, when his legal
'31 Bolan Burke
July 1964
three active years in that post to devote
nell joined the company in 1947 after
of his law offices to 827 Woodward
But his many other books and articles
brief on the conviction of Dr. C. Lee
'31 Edward K. Mills Jr.
Aug. 1964
full time to the private practice of law.
service with the Lend-Lease Adminis-
Building, 15th and H Streets, N.W.,
'31 William W. Werntz
Nov. 1964
are read with respect, and one of his
Buxton, medical director of the Planned
Mr. Gorman moved into his position as
tration, the Board of Economic Welfare,
'32 Joseph A. Segal
Sept. 1964
Washington, D.C.
most interesting studies - a book on
Parenthood League in Connecticut, and
'35 Lewis R. Whitehead
Dec. 1964
State's Attorney after twenty-one years
and the War Production Board. He is
Mr. Justice Rutledge - is in press, and
Mrs. Estelle T. Griswold, its executive
'39 Kenneth P. Dillon
March 1964
as assistant to Abraham S. Ullman '23.
a member of the New York, North
'47
Morgan P. Ames
'50 John J. Czyzak
Feb. 1964
will appear soon.
director, brought about a decision by
Jan. 1962
Prior to that he had served as Assistant
Cummings & Lockwood
'52 Biehun Kumar Gupta J.S.D.
Carolina, and District of Columbia Bar
1 Atlantic Street
"Mr. Harper's death ends a long career
the U.S. Supreme Court to review the
'56 George E. Webster
June 1963
U.S. Attorney for Connecticut for more
Associations and has been admitted to
Stamford, Conn.
'66 Myron Hayden Howell
June 1964
of public service, both in government
case. The Supreme Court decision could
'66 Leonard Arthur Pullman
June 1964
than four years.
practice before the U.S. Supreme Court.
ROBERT COHN of Atlanta has be-
Page 32
Page 33
come a hearing examiner for the Nation-
'54
Harold G. Sterling
RONALD L. GOLDFARB was on the
cording to the Times: "Some experts in
fall as counsel for State (Washington)
just report those, seriatim: MITCH
al Labor Relations Board. Mr. Cohn
14 Devonshire Terrace
staff of Robert F. Kennedy during his
the criminal law said that this was the
Representative Charles Savage in a law
EZER has joined with Richard P. Rich
West Orange, N.J.
was with the NLRB as an attorney from
successful campaign for the U.S. Senate
first noted occasion in which a judge
suit brought against eleven persons
in Los Angeles; FRED McNABB is a
THOMAS M. KERR JR. has become
1950 to 1956. Since then he has been
in New York.
had remitted an alternative sentence be-
whom he accused of libel and slander
partner in the firm of Goldstein, Gold-
a member of the firm of Patterson,
primarily an attorney for the Interna-
Crawford, Arensberg & Dunn, 1404
On October 24, 1964, MARTEN H.
cause of the prisoner's poverty. As dis-
and conspiracy to brand him as a Com-
man, Kessler & Underberg in Rochester;
tional Ladies' Garment Workers Union,
First National Bank Building, Pitts-
A. VAN HEUVEN was married to Ruth
cussion continues on the problem of
munist.
BOB GINSBERG appears to be still on
AFL-CIO, in the Southeast.
poverty and the criminal law, the Grosso
As the years unfold, my contact with
his own in Manhattan; DICK WINO-
burgh, Pa.
Margerete Held in Manhasset, L.I., N.Y.
DR. CARL M. FRANKLIN '56 J.S.D.,
case is sure to be cited often."
some of you is becoming limited to the
KUR is doing the same in Miami, Flori-
RICHARD S. NAIR has become vice
William 0. Shank
ARTHUR FLEISCHER JR. former
annual Christmas card, but limited
da; JACK WALTUCH has joined with
'50
president, corporate finance department,
vice-president for financial affairs at the
Chemetron Corp.
executive assistant to the chairman of
University of Southern California, has
though the contact may be, it gives me
James P. Driscoll, forming a firm in
840 North Michigan Ave.
of the First California Company, Inc., in
Chicago, Ill.
the Securities and Exchange Commis-
something to talk about in the issues
Norwalk, Connecticut; MARV B. DURN-
San Francisco.
been elected president of the Association
On November 18, 1964, ELLIOTT E.
JAMES STOTTER II has become an
of Independent California Colleges and
sion, has resumed his association with
which follow Christmas.
ING has opened his own office in Seattle;
VOSE was married to Mrs. Pamela Daly
associate in the firm of Valensi & Rose in
Universities.
Strasser, Spiegelberg, Fried & Frank,
ALAN WURTZEL sent us greetings
and LAWRENCE F. DOPPELT has be-
120 Broadway, New York.
from Washington, D.C., and announced
come a partner in the firm of Dorfman,
Law in New York City. Mr. Vose is a
Beverly Hills, California.
vice-president of the Singer Sewing
DAVID R. TILLINGHAST, having
'57
A. Edward Gottesman
THOMAS J. WINANS has joined the
that he had just become the Legislative
DeKoven & Cohen in Chicago.
Coudert Brothers
Machine Company.
resigned as Special Assistant for Inter-
legal staff of the Hooker Chemical Cor-
Assistant to Senator Joseph D. Tydings
Penny, the children and I took a 7,500
Aldwych House, Aldwych
poration as associate counsel, at corpor-
(Dem. Md.). Alan and Barbara now
mile trip this summer in a Chevrolet
national Tax Affairs in the U.S. Treasury
London W.C. 2., England
Department, has rejoined Hughes, Hub-
ate headquarters in New York City.
have three children and when Alan was
panel truck which I had converted into
'51
Peter G. Smith
ALAN DOFT has become engaged to
Southern Natural Gas Co.
Since graduating from the Law School
in Phoenix he reported that Barbara was
an erstwhile camper. I must report
bard, Blair & Reed at One Wall Street,
Miss Elisabeth Hoffman of Fairfield,
Box 2563
EUGENE W. LANDY has become the
doing graduate work. I think that it is
that 7,500 miles is too great a distance
Birmingham, Ala.
New York.
Connecticut. Miss Hoffman is an alum-
founder, director, secretary, and counsel
safe to assume that it is a rather busy
to cover in three weeks but we achieved
RICHARD N. GARDNER, Deputy
John J. Hart Jr.
na of Wellesley College, Class of 1964,
'55
to the Monmouth Capital Corporation,
household.
it and are looking forward to more such
Assistant Secretary of State for Inter-
37 Wall Street
and is a student at the Yale Graduate
a publicly owned small business invest-
TY HILBRECHT of Ruymann, Hil-
activity this summer. Our trip took
New York, N.Y.
national Organization Affiairs, is the
School. Mr. Doft is president of the
ment company, and has recently started
brecht & Jones, in Las Vegas, had the
us to Washington, D.C., where we stayed
author of a new book, In Pursuit of
DONALD J. COHN, who resigned as
New York investment banking firm of
a new bank, the Eatontown National
foresight to enclose a calendar in his
with Carlene and MIKE PERTSCHUK.
administrative assistant to the United
World Order: U.S. Foreign Policy and
Doft & Co., Inc.
Bank in New Jersey, of which he is a
Christmas card. It was not as colorful
Mike had just left his position with
International Organizations, which was
States Attorney for the Southern District
GIACOMO ROCCA has become asso-
director, vice-president and counsel.
a calendar as one might expect from
Senator Neuberger and was joining the
published in December by Frederick A.
of New York, has become a member of
ciated with the firm of Kupfer, Silber-
the firm of Webster, Sheffield, Fleisch-
WILLIAM C. BASKIN, associated
Las Vegas, but then I am not sure that
legal staff of the Senate Committee on
Praeger, Inc. The book describes the
feld, Nathan & Danziger, 405 Lexington
with the New Haven law firm of Wiggin
those kinds of calendars fit in one's
Interstate Commerce. We spent a few
efforts of the Kennedy and Johnson Ad-
man, Hitchcock & Chrystie at One Rocke-
Avenue, New York.
& Dana since his graduation, has become
billfold.
days in New York with Penny's parents
feller Plaza, New York.
ministrations to promote the common
SAMUEL LOCKE HIGHLEYMAN
a partner in the firm.
PETE ALEGI has joined the firm of
while BILLY KASS and I conferred on
ARTHUR E. OTTEN JR. has become
interests of mankind in peace and wel-
has become a member of the firm of
a member of the firm of Hodges, Silver-
Coudert Brothers and will be at the
LARRY LEVINE is a member of a
Baker, McKenzie & Hightower in Chi-
a mutual problem. Billy has joined two
fare through the United Nations and
cago. The firm has a fascinating mast-
others in forming a firm in midtown
other international organizations. Am-
stein, Hodges & Harrington, 1360 Den-
firm's London offices.
new partnership, Beldock, Levine & Hoff-
head inasmuch as there are offices in
bassador Adlai E. Stevenson has describ-
ver Club Building, Denver, Colorado.
AXEL H. BAUM, formerly an asso-
man, 385 Madison Avenue, New York
Manhattan. We passed through New
Brussels, Caracas, Frankfurt, London,
ciate in the firm of Hughes, Hubbard,
City.
Haven only long enough to note that
ed it as "a lively and important book
'56
Arnold J. Bai
Paris, Tokyo, Zurich, and several other
the Quonset huts are gone and to stare
for everybody interested in the practical
Goldstein & Peck
Blair & Reed, One Wall Street, New
ABBOTT A. LEBAN has joined the
foreign cities. Pete mentioned that the
955 Main Street
at the fascinating new buildings on the
problems of peace in the nuclear age."
York, has become a member of that firm.
Law Department of the Equitable Life
Bridgeport, Conn.
firm was particularly active in the field
Yale campus. We returned to Phoenix
mitchel Aron, in New York City.
OSCAR S. GRAY has become a vice
KENNETH F. CLARK JR. announces
of international trade and development.
by way of Maine and such far-out places
president of the Nuclear Materials and
a change in the name of his firm which
'58
Joel J. Sprayregen
DICK STREETER wrote me several
as my birthplace in North Dakota.
Aaron, Aaron, Schimberg & Hess
Equipment Corporation of Apollo, Penn-
38 South Dearborn Street
'59
Jeremy E. Butler
is now known as McCloy, Wellford &
Lewis, Roca, Scoville, Beauchamp
weeks ago and reported that he is now
ROGER SHERMAN and I have been
sylvania. Mr. Gray has been secretary
Clark. The firm's offices remain in the
Chicago, Ill.
& Linton
Assistant General Counsel for the United
working together on one or two matters,
The New York Times "Review of the
919 Title & Trust Building
and treasurer of the company since 1957
First National Bank Building in Mem-
Phoenix, Ariz.
States Senate Democratic Policy Com-
the most recent of which may take me to
and is a former member of the Legal
phis, Tennessee.
Week in Law" on December 6, 1964,
mittee. The Committee is active in
Puerto Vallarta, Mexico. I read with
On September 6, 1964, Mr. and Mrs.
Adviser's Office of the Department of
JOHN T. SUBAK, formerly an asso-
said that ROBERT ZICKLIN had made
selecting bills for Senate consideration
particular interest a letter from the
RICHARD MAIDMAN became the
State.
ciate in the Philadelphia firm of Dechert,
"judicial history." Bob persuaded a
and the legislative process of getting
CULLENS about Mike's campaign for
proud parents of their second son,
Price & Rhoads, has now become a mem-
Justice of the New York Supreme Court,
bills passed.
Congress. I devoted a fair portion of
Mitchel Aron, in New York City.
'52
George H. Nofer, II
ber of the firm.
and the District Attorney of Staten
ALLEN POPPLETON informed me
my time during the fall to an unsuccess-
Schnader, Harrison, Segal
HENRY A. LESLIE '59 J.S.D. has
& Lewis
BENN E. G. EILERT worked as a
Island, to release a prisoner who had
that he has left southern California and
ful attempt to elect a Congressman from
member of the staff of Charles H. Percy,
remained incarcerated only because he
been appointed vice president and senior
1791 Packard Building
is now with the firm of Bradley, Arant,
Phoenix.
Philadelphia, Pa.
trust officer of the Union Bank and
Republican candidate for Governor of
was too poor to pay a fine. The execu-
Rose & White in Birmingham, Alabama.
SANDY SOUTER is one of the found-
WALLACE BARNES has been elected
Illinois last fall. Mr. Eilert is now en-
tive director of the Vera Foundation,
Trust Company, Montgomery, Alabama.
There have been several announce-
ers of the firm of Baggitt, Souter &
president of the Associated Spring Cor-
gaged in the general practice of law in
which has run the Manhattan Bail Pro-
DONALD HOROWITZ received a
ments regarding the opening of new
Stonaker in Princeton, of all places.
poration in Bristol, Connecticut.
Geneva, Illinois.
ject, asked Bob to take the case. Ac-
considerable amount of publicity this
firms and becoming a partner. Let me
I almost forgot to mention that we did
Page 34
Page 35
Shortly after graduation DAVE AUS.
On July 19 AL SCHWARTZ and Ilsa
pean tour, BOB HOROWITZ began
receive a note from Michele and TERRY
LARRY O'BRIEN has been made a
& Narkis in Waterbury, Connecticut.
TERN was married to Hope Sinauer in
Roslow, a graduate student at Yale last
practicing law in Georgia, but the appeal
CONE from Brussels. Terry continues
member of the New Haven firm of
I have a report that KEN ROSEN-
New York, where they are now living.
year, were married in New York.
of New York won him back. Bob is
to be involved in the legal problems
Daggett, Colby & Hooker.
THAL has finished his clerkship with
Hope, in the midst of her second year
Also on July 19 EARL SHAPIRO and
now a tax lawyer at Cravath, Swaine &
arising out of the Common Market.
And finally, a sad note. Over the
the Chancery Division of the Superior
at the Law School, commutes three days
Brenda Ellen Mulmed were married in
Moore, where he had been a summer
I hope I will hear from more of you
weekend in which this column was
Court in New Jersey and is spending
a week to New Haven.
Tulsa while Earl battled a case of mono-
associate in 1963.
before the next Christmas onrush.
written, the newspapers reported the
half a year as part of the fund-raising
The wedding of BOB BEIZER and
nucleosis discovered on the wedding
At least three other New York law
death of Professor Fowler Harper; and
machinery for Amherst College.
Clotilde Benitez, 1963L, in New York on
day. A sustained 104-degree tempera-
firm associates were not listed in last
'60
George M. Cohen
I know that I express the feelings of all
PETER FELCHER writes from New
September 3 was reported in the Class
Cleary, Gottlieb, Steen &
ture (Earl's, not necessarily Tulsa's)
summer's Law Report: ROGER TOMP-
members of the Class of '61 when I
Hamilton
York of his September marriage to
of '63 Notes this fall. It deserves cover-
reduced their planned European honey-
KINS is a litigator at Sullivan & Crom-
52 Wall Street
extend to his widow and his family the
Nancy Alice Kane, from Mechanicsburg,
age here as well. The Beizers live in
New York, N.Y. 10005
moon to a trip to New York, where Earl,
well; AL LOEB is at Stroock & Stroock
deepest sympathy of us all.
Pa., and Goucher College. Nancy and
New Haven, where Clotilde is head of
fully recovered, now clerks for Judge
& Lavan; and BON LOMBARDI is with
WILLIAM T. BARR has joined the
Pete are settled in Brooklyn Heights,
the French department at Quinnipiac
Bonsal of the Southern District and next
staff of the Chief Counsel's Office, NASA
'63
Ashley L. Ford
Adams & Eyster.
6 Field Lane
from which Pete commutes across the
College and Bob clerks for Judge An-
summer will become an associate at
Manned Spacecraft Center, Houston,
Political notes: Seen in October at a
Cincinatti, Ohio
river to Dewey, Ballantine.
derson.
Texas.
Hughes, Hubbard, Blair & Reed.
fund-raising dinner in New York for
Katy and BARCLAY ROBINSON
Pete reports on MIKE HEITNER'S
On May 31, MARK BISHOFF and
ARTHUR M. NASSAU, formerly an
DAVE WHARTON married Patricia
Congressman Stanley Tupper of Maine
write from West Hartford of the birth
recent blast at which all manner of class
Barbara Namkin married in Washing-
associate with the firm of Rogin, Nassau,
Granville Ditton in Buffalo on June 20.
was ELI JACOBS, campaigning for Sen-
of a son and heir, Timothy Trumbull,
members were seen, including Gail and
ton, D.C., and now living in Baltimore.
Caplan & Lassman in Hartford, Connec-
They then braved the treacheries of the
ator Hugh Scott of Pennsylvania. The
on October 15. Timothy is reported to
TED DONSON, Pam and JIM MUR-
TOM MAZZA'S was, no doubt, the
ticut, is now a partner of the firm.
Alcan Highway in a new Pontiac Le
geographic juxtaposition is somewhat
already "argue his cases well - for his
RAY, ED GORDON, JOE GELB, BOB
first post-Law School wedding. Tom
RICHARD J. ABRAMS has become
Mans to reach Juneau, where Dave is
puzzling but the results, with Eli in-
bottle!" Congratulations Kate and
SCHNEIDER, and BILLY AHN. There
turned in his last exam en route to
a member of the firm of Richards, Lay-
Special Assistant to the Attorney General
volved, were, of course, certain - both
Bark!
may have been others, but this is all I
Alexandria, Virginia, where he and
ton & Finger in Wilmington, Delaware.
of Alaska.
Tupper and Scott were reelected.
Jean and BOB PHAY are stationed
can report.
Elizabeth Denholm were married on
Two major prizes were won by
The armed forces claimed a few class-
Ralph G. Elliot
with the 77th Medical Depot, whatever
ED MILLER has moved from the
May 30.
'61
STEVE FIELD and Linda Helen
PETER STRAUSS this fall. On Octo-
mates. PEARSON SMITH, apprentice
27 Brookline Drive
that is, in Vitry-le-Francois, France,
Labor Department in Washington to the
West Hartford, Conn.
where Bob is a Lieutenant with the
office of the U.S. Attorney for the
Schneider were married in Manhattan's
ber 10 he and onetime Law School class-
fireman, was in the Indiana National
mate Joanna Burnstine were married
Your Scribe confines this winter's tale
U.S. Army.
District of Columbia. Ed says he is
Hampshire House on July 26.
Guard at Terre Haute until February,
to news of a professional nature. Here-
BOB HOLT and Georgia MacLean,
in Larchmont. Joanna is now working
following six weeks of basic at Lackland
Marcie and ARMAND DERFNER re-
busy learning all about criminal law
with, the movings and shakings of sun-
port from Washington that Armand has
recently of the Law School administra-
toward a master's degree in social work
AFB in San Antonio, where Airman
after drafting research contracts for a
dry classmates:
been admitted to the D.C. bar and is
year.
tion, were married in August in New
under a Smith College program in Balti-
TIM O'REILLY is currently in training.
PAT CONNELL has joined GERRY
York. They are now in Atlanta where
more. Shortly after the wedding Peter
Privates GIL O'CONNELL and JIM
now with Covington and Burling. Mar-
DAVIS MICHEL out in Oregon ap-
MANGES as an aide to New York's
cie reports that she hopes soon to be
parently knows a good thing when he
Bob is a member of the Georgia Bar.
was chosen by Justice Brennan as one
POLLOCK took up residence at Fort
Senator Jacob Javits.
working in the Washington area herself.
The latest item, as these Notes go to
of his Supreme Court clerks for next
Dix for four months through December.
sees it: this is hearsay, but I understand
ADAM WALINSKY has left the Jus-
that Betty and Davis have got in or
press in early January, is the January
year. Peter, apparently, is Justice Bren-
ED GORDON is back from reading in
Bar exam results appear to be excel-
3 marriage of JIM JALENAK to Natalie
nan's first non-Harvard selection.
tice Department to serve as legislative
international law at Cambridge and is
lent. Complete successes have been
started a business dealing in prepared
aide to New York's other senator, Robert
now working at Reid & Priest in New
Block in Buffalo. Jim and Natalie left
STEVE UMIN, ending a tour with
announced from Connecticut, Georgia,
sandwiches and foods, which proves to
Kennedy.
York. Ed wrote his paper at Cam-
be as good a line as it was with Equity
after the wedding for St. Thomas Island
Justice Traynor in California, will clerk
and Idaho, and a very high percentage
bridge on the International Court of
and a honeymoon spot drolly named
next year for Justice Potter Stewart in
from California. The New York returns
PAULA LAWTON, recently returned
Chow back in New Haven!
Justice and is now specializing in inter-
Bluebeard's Castle.
Washington.
were also extremely satisfactory, perhaps
from a year's study in South America,
I have it that DAVE PIERSON is
has joined the staff of the U.S. Puerto
national matters. Ed writes that STEVE
Immediately following the summer
Among the international travelers,
in part because of the recently adopted
now married, the great date being De-
New York Bar exam, DICK KATZIVE
Rico Status Commission in Washington.
LOWENSTEIN was found by him in
JOHN KOSKINEN is in England this
New York Uniform Commercial Code,
cember 19 out in Omaha. I have only
was married to Marion Coen. The wed-
an area covered rather thoroughly at
JAN and BARBARA DEUTSCH have
Geneva working on materials for a
year, working on a project at Cam-
her first name, Leilani, but of course
moved to Cleveland, where Jan is with
course in criminal law to be given at
ding, on July 19, took place in Passaic,
bridge for Professor Abe Goldstein.
Yale. That may be what caused one
now it is Pierson. Congratulations, you
N.J.
Next year John will clerk for Judge
graduate of Brooklyn Law School to
the firm of Jones, Day, Cockley & Reavis.
Haile Selassie I University in Addis
all!
STEVE MINIKES and Sally Turner
David Bazelon on the District of Colum-
allegedly grumble: "Yale, yeah, that's
ED MEYER has joined the boys down
Ababa. OWEN CYLKE is reported to
be with that University as well.
married on June 20 in Mystic, Conn.,
bia Circuit.
where they spend three years studying
at Foley Square as an Assistant United
'64
Edward L. Barlow
ARTHUR M. LEVINE has become an
Cravath, Swaine & Moore
and then took a summer's tour of the
Some spent Christmas vacation
for the New York Bar exam."
States Attorney in New York (an item
1 Chase Manhattan Plaza
United States before settling in New
abroad. JON and Pru BLAKE were in
As proclaimed by co-chairmen BOB
I gleaned from Ed's own column in the
associate of the firm of McLaughlin &
New York, N.Y. 10005
and
York City in the fall.
England, and MONROE PRICE was in
HOROWITZ and ROGER TOMPKINS,
Yale College Alumni Mag - ah, the
Stern in New York City.
Monroe E. Price
HEATON NASH married Janis Kay
Portugal and France. Monroe is en-
the Class of 1964 traditional North-
sources a Scribe must resort to!).
ARTHUR V. GRASECK JR. has join-
Chambers of Justice Potter
ed the staff of the New York Labor
Stewart
Neschke in Milford, Conn., during the
gaged to Aimée Brown, who is currently
eastern Seaboard and Contingent Areas
MARGARET MACKENZIE is now an
U. S. Supreme Court
summer. They traveled in New England
doing research in Paris for her doctorate
Cocktail and Dinner Party will be held
Assistant Lecturer on the Faculty of Law
Relations Board.
Washington, D.C. 20543
before taking up residence in Baltimore
in art history at Yale.
sometime in late March or early April
at the University of Leeds, Leeds 2,
ARTHUR LA FRANCE has become
A multitude of weddings occupy the
in October.
After devoting the summer to a Euro-
in New York. More on that by mail.
United Kingdom.
an associate in the firm of Gager, Henry
social section of this quarter's report.
Page 37
Page 36
NON-PROFIT ORG.
Yale Law Report
U.S. POSTAGE
Drawer 401-A Yale Station
Paid
New Haven, Conn.
New Haven, Conn.
Permit No. 1844
-3-
American worker could easily commute from New York to Washington
or from San Francisco to Los Angeles.
-- Commercial airplanes will be flying two or three times the
speed of sound on transoceanic runs, so that it will be no effort
to spend the morning at the office, fly to London or Paris for
a conference, and be home for dinner.
-- By about 1970 the United States and Russia will land men
on the moon; by the early 1980s men may reach Mars.
-- Controlled nuclear fusion could be providing cheap power
in practically unlimited amounts.
-- Satellites and high speed data transmitters will link all
parts of the world in an instant communications network.
-- Seawater could be economically converted to fresh water.
-- Automation will produce many items so cheaply that it will
be more practical to replace them than to repair them. (Don't call
the TV repair man -- throw your set away and buy a new one -- it's
cheaper!)
-- Exciting breakthroughs will be made in biology. One
scientist recently wrote, "It is plausible that in the next twenty
-4-
years a baby's sex may be predetermined or, at least, the probability
increased that a baby will be of the chosen sex." (cap't you hear
a man saying to his wife, "Dear, let's have two of each.")
Yet in this Brave New World, this automated-nuclear-cybernated-
supersonic tomorrow, the most vital decisions will still be made
by men -- not machines.
No giant computer, no sophisticated data processer can deal
adequately with the key questions of society -- the questions of
war or peace, prosperity or poverty, man's relations with his
fellow man, international amity or enmity.
These must still be resolved by the most complicated mechanism
ever devised -- the human brain.
We may shake our heads and say, "Man can fly to the moon. Why
can't he live in peace on earth?"
Indeed, we can expect, as the distance widens between the
giant steps of technological advancement and the snail's pace of
human understanding, that we will feel increasingly frustrated.
There will undoubtedly be those who will feed on these
Draft - Ford Yale Speech Opening
4/29/65
Tomorrow being Derby Day at Louisville, I am reminded of Mark Twain's
insight regarding the nature of our American society.
" It were not best, " he wrote, " that we should all think alike; it
is a difference of opinion that makes horseraces. II
Let me say that I have absolutely no opinion, different or otherwise,
concerning tomorrow's Kentucky Derby. I address any inquiry along that line
to another Yale alumnus in Washington, the distinguished Senator from the blue-
grass country, Thruston Morton.
But as House Minority Leader in the so-called Age of Consensus, I do
have some ready opinions in the matter of differences of opinion and dissent in
1965 America.
Difference of opinion does make for horseraces -- but for a republic to
survive, something greater is required of its citizens. Our need is for responsi-
ble dissent.
In the Nation's Capital, we of the Republican Party recognize the neces-
sity of informed and responsible opposition to Johnson Administration programs. And
we mean to fulfill our function as the Party of opposition in a constructive and
responsible manner.
But briefly let me address my remarks beyond the Capitol Hill scene. For
we must all recognize a growing threat posed our society and the country by
irresponsible expressions of dissent in this time of national crisis.
I refer to the crisis in Southeast Asia It should be sufficient that
our Nation's enemies know that the overwhelming majority of Republicans in Con-
gress, though opposed to many of the President's domestic programs, support him
in the matter of standing firm against aggression in Viet Nam. In fact, it is
Yale Law School Alumni Dinner
stumple
Tegal Cocktail Tahit serms Number & somper dance.
April 30, 1965
r).
Polut
After November, 1960, it was said that Yale men were planning
the exception of
to form a government-in-exile with a few subversives like myself who
were elected under the cloak of another diploma.
You will recall that after that institution in Cambridge pulled
off its successful coup d'etat, there were some who thought the seat of
government was going to be relocated on the banks of the Charles River.
I even know of Yalies in Washington who gave their return address
as "Elba-on-the-Potomac."
Well, all that has changed now.
In government circles, I am sorry to say, Yale is still "out."
But, at least, it is my pleasure to report to you that Harvard is now
equally unfashionable! (Except for McGeorge Bundy, who now speaks with
Texas
adrawl.)
GERALD R.FORD
-2-
b
One it was thought that the only inevitables in this life
were "death and taxes." But now it appears that this should be changed
to "death and Texas."
Of course, to be really far out, one must be both a Yale man and
a Republican. I qualify on both counts. But, to coin a phrase -- with
a little different twist -- we shall overcome.
Back 2 came in to new 1934 t Hartn to Yale hit
I often wonder where I'd be today if in 1934, instead of going
Law School, I had accepted an offer to play professional
, the D int Line at $200 per game
crech you sal shall
football with the Green Bay Packers -- perhaps on the Supreme Court!
Tomorrow being Derby Day at Louisville, I am reminded of
Mark Twain's insight regarding the nature of our American society.
"It were not best," he wrote, "that we should all think alike;
it is a difference of opinion that makes horse-races."
Let me say that I have absolutely no opinion, different or
otherwise, concerning tomorrow's Kentucky Derby. I address any inquiry
&
along that line to other Yale alumnys in Washington -- the distinguished
John therman Cooper &
Senatory from the bluegrass country
Thruston Morton.
GERALD
LIBRARY
-3-
When Governor Scranton was here last year, he said he would
talk on a "safe subject" -- politics! Being a peaceful man myself,
wishing to avoid controversy whenever possible, I, too, will
same
stick to that safe subject.
a
But, as House Minority Leader in the so-called age of consensus,
I do have some ready views in the matter of differences of opinion and
dissent in 1965 America.
Difference of opinion does make for horse-races -- but for a
republic to survive, something greater is required of its citizens.
Our need is for responsible dissent.
In the Nation's Capital, we of the Republican Party recognize
the
the necessity of informed and responsible opposition to Johnson
^
Administration programs. And we mean to fulfill our function as the
Party of opposition in a constructive and responsible manner.
But, briefly, let me address my remarks beyond the Capitol Hill
BERALD FORD LIBRARY
-4-
scene. For we must all recognize a growing threat posed to our
society and to the country by irresponsible expressions of dissent
in this time of national crisis.
have
I refer to the crisis in Southeast Asia. It should be sufficient
that our Nation's enemies know that the overwhelming majority of
the loyal opportune
Republicans in Congress, though opposed to many of the President's
1
domestic programs, support him in the matter of standing firm against
aggression in Viet Nam. In fact, it is worth commenting that President
Johnson might wish for an equal amount of support for his Viet Nam
stand from members of his own Democratic Party.
I consider it incredible that a source of such irresponsible
modern-day "know-nothing" dissent, based on emotional disregard for
him
the morality and facts of the case, should spring from a few of our
q
university campuses.
-5-
And I consider it appalling that much of the leadership for
picketing with anti-American slogans in what at times amounts to
very
irresponsible mob action comes from a small minority of university
1
professors purporting to carry forward the banner of free academic
inquiry.
Indeed, a central purpose of universities of free inquiry in
our society is to prepare succeeding generations for the assumption
of responsibility as citizens. Whenever our educational institutions
fail to inculcate this sense of responsibility toward community and
nation in their students, serious trouble for the Republic lies ahead.
This has been the case throughout history. This century offers
tragic proof of the penalties which societies and nations pay for not
meeting this fundamental requirement for existence.
During the recent Easter week-end demonstrations in Washington,
some placards read: "Why Die for Viet Nam?"
GERALD FORD GRANA
-6-
How many of us remember the similar question raised by irresponsible
voices in Chamberlain's Britain, little over a quarter century ago:
"Why Die for the Sudentanland?" and "Why Die for Danzig?"
We know now -- and many of us knew then -- that these pacifist
voices were serving the purposes of Nazi aggression. The placard-bearers
cried for peace -- while the seeds for Buchenwald and Belsen were
taking root.
Today, our so-called "teach-ins" and "peace" demonstrations cry
for peace-at-any-price -- while the seeds of Communist atrocity take
root. And yet the appeasers speak for morality.
Others are concerned with the physical uncleanliness of these
irresponsible protesters. I am not 80 much concerned with their personal
hygiene as with their moral sterility. For, if we condemn public apathy
toward victims of street crimes, what can we say of apathy and disinterest
regarding victims of Communist aggression?
Agree GERALD E. FORD
-7-
It is, of course, an apathy and disinterest shown only by a
small, small minority of American professors and students. The
so-called teach-ins -- which I regret to say may have begun at my
own University of Michigan -- are not truly representative of the
Nation's university campuses. However, it remains for responsible
leaders of American higher education to make this fact unmistakably
clear to our people.
The well-intentioned but unrealistic placard-carrying marchers,
who bear no public responsibilities, cannot alter this country's policy
in Viet Nam. But a danger exists that they will bring about a
damaging loss of public confidence in the aims and operation of the
country's educational system. In addition, their words and actions
may lead to a dangerous miscalculation by the enemy of our Nation's
course of present and future action. Such miscalculation by the
Communists in Peiping or elsewhere could have dire consequences for
all mankind.
FORD & LIBRARY GERALD
-8-
Certainly, there must always be a place for responsible
dissent and free inquiry on our university campuses. But, as President
Nabrit of Howard University pointed out this past week, there is no
place for irresponsible disruption of academic pursuits on behalf of
forces opposed to our system.
Dr. Wilson H. Elkins, President of the University of Maryland,
expressed a similar idea, saying that respect of students for authority
and law is essential to the development of good citizenship, and the
"insidious erosion, and sometimes outright defiance of authority, is a
dangerous trend in our society."
Dr. Elkins added: "It seems clear that if any student or group
is allowed to seize power in the name of freedom of speech, then the
universities should close their doors before rigor mortis sets in."
It is not too much to expect university students to understand
that along with free academic inquiry goes responsibility to country
& OERALD BRARY
-9-
and society. And it is certainly not too much to expect their
professors to know and teach that the prime master of free inquiry
in Western society did not walk the streets of Athens carrying a
placard asking "Why Die for Marathon?" when his community was threatened.
Indeed, Socrates knew the answer. He was prepared to do battle,
and if necessary, die to preserve the freedom of others
yet my main
thesis tonight is the need for responsible dissent in the Age of
Consensus.
In the years ahead, as never before, we must beware of men with
ready answers.
For we will still have to live -- and find answers -- under moral
ground-rules that were set down twenty centuries ago and under political
ground-rules that were set down two centuries ago.
Leaving the former to the theologians, I would like to make
some comments on the latter.
FORD s LIBRARY GERALD
-10-
The American Constitution was not divinely created. The
Founding Fathers, after all, were merely mortals -- why, four of
them were even Yale men! (Harvard had only three. Though we must
admit that nine came from Princeton!)
The important point to stress when discussing the Constitution,
I believe, is not that it has been sanctified by time and tradition.
Nor need we dwell on its immutability -- it can and has been changed
from time to time. What is important is that it works. We have lived
successfully and amicably under it. In a society that has always
prided itself on pragmatism, this is the ultimate test.
The keystone of our Constitution has been its system of balances --
balances between levels of government, and balances between branches of
government.
Anyone who has ever worked with balances in a scientific
laboratory knows that they are finely attuned instruments. One must be
GERALD FORD RARY
-11
constantly alert to keep them in kilter; one must make immediate
adjustments when there is a malfunction. Our governmental balances
are no different in principle.
The legislative-executive-judicial balance, as established by
our Constitution, is a simple, yet ingenious, system of insuring our
freedom.
Yet today there are disturbing signs of slow erosion in the
power of the Legislative, build-up of awesome power in the Executive,
and regrettable change in the intended direction of the Judiciary.
Each is a threat to freedom.
I think that much of today's criticism of Congress, the
legislative branch, is a manifestation of our frustrations -- the
tensions of a prolonged Cold War, the anomaly of poverty in the midst
of plenty, the complexity of highly urbanized living, the gap between
the American Ideal of equality and its realization.
FORD is LIBRARY GERALD
-12-
"Let's stop talking and get things done!" we would like to
shout at one time or another.
But Congress, by design, is a deliberative body -- 435
representatives in the House and 100 in the Senate who must reach
majority decisions.
This criticism -- that Congress is too cumbersome, too
old-fashioned -- is basically unwarranted for two reasons.
First, because Congress has repeatedly proved that it can act
with dispatch to meet crisis. You will recall, for example, that
in the famous Hundred Days of 1933, some bills were voted into law
even before they were printed.
Second, because the advantages of precipitous action are often
outweighed by the safeguards of deliberate slowness.
In the race to the brink of decision one can easily fall over
into the chasm of irresponsibility. It is to prevent this dangerous
FORD & LIBRARY 9ERALD
-13-
plunge that the Constitution provided checks and balances. It is only
proper, when one stops to consider, that Congress should reach its
major decisions after adequate research, thought, and full discussion.
After all, if the ultimate goal of government were merely speed,
we could institute a dictatorship. What could be faster than one man
giving an uncontestable order?
When the balance in Congress is steeply tilted by an overwhelming
majority in one political party -- as it is today, with 294 Democrats
and 140 Republicans in the House -- our system of checks and balances
is further endangered.
This is because our two-party system, although not written into
the Constitution, builds into government an additional set of checks
and balances. Early in our history, a wise decision was made to follow
the pattern of a two-party system. We avoided the loss of freedom of
a one-party government; we avoided the chaos and confusion of a
multi-party government.
FORD is LIBRARY QERALD
-14-
Not only does a strong second party provide the electorate
with legislative alternatives but also with a remarkably high level
of honesty and frankness.
Without indulging in partisanship, I am sure we can all agree
that a strong two-party system is Democracy's life insurance --
protection for our children against any drift toward authoritarianism.
Conversely, a crushing over-balance of strength in either party for
too long will make a mockery of our traditions in government and
weaken the voice of the people.
This threat to the American system becomes even more serious when
both legislative and executive branches are dominated by the same party.
The temptation for the President's majority in Congress to simply
rubber-stamp his proposals can become irresistible.
Especially when the
President is a master at the art of arm-twisting -- or as the present
incumbent calls it, "reasoning together!"
The recently-passed Education
FORD 3 LIBRAR GERALD
-15-
Act is a case in point. We had such quick passage of a bill without
Congress really working its will that many conscientious citizens feel it
raised more questions than answers. So, we now hear talk of correcting
the flaws with additional legislation. But this is hardly an adequate
substitute for well thought-out action.
We must also remember that the burgeoning growth of Big Government
has given the President virtually unlimited resources for working his
Nasser
will. Besides the increased patronage and the increased leverage of
administering massive spending programs, he now controls a veritable
army of experts, researchers and propagandists whose job it is to present
his administration in the best possible light to the American people.
Great power in a democracy should require great self-restraint.
Yet only two weeks ago we were dramatically reminded that this is not
always the case. I am referring to April 15th -- the day of reckoning
for the American taxpayer. An incalculable number of citizens were then
obliged to go into debt as a delayed result of federal tax legislation
GERALD FORD VIBRARY
-16-
some
with political overtones. What happened was that after the 1964 tax
reduction was passed the Administration wished to bask in the sun of
voter gratitude, while muting the politically disagreeable fact that
cutting the withholding tax would leave the taxpayer with a larger cash
obligation to the Treasury on April 15th, 1965, than in previous years.
The Administration's action -- in allowing a false impression to exist --
reminded columnist Arthur Krock of a television commercial that used fake
sandpaper in a shaving cream demonstration. But in the case of the
commercial fakery, the Federal Trade Commission ordered the company to
case and desist. Nobody, however, required the Administration to do likewise.
a
Today, the President is king pin of the branch of government that
employs over five million civilian and military personnel, with a yearly
payroll cost of $28 billion, and a total expenditure of over 127 billion
tax dollars in fiscal 1966.
This is awesome power, indeed. And if consistently used improperly
could mean the withering away of our tripartite system of government and
the eventual death of the two-party system.
GERALD FORD LIBRARY
17
It is also necessary to remember that while the President is
chief executive of all of us, he basically represents the views of
only those who voted for him. (Many times this has meant less than a
majority of the people.)
1
On the other hand, members of Congress, and particularly those in
the House of Representatives, are closer to the Nation's citizens.
They are chosen by smaller segments of the Nation. In the House they are
elected every two years. They represent every section of the country,
rural and city, suburbs, blue-collar and white-collar, every major
profession, doctors and lawyers, nearly every national origin, Protestant,
Catholic, Jew, Negro, even America n Indian.
This is your strength. It should not be diluted by an over-balance in
the executive and judicial branches of government.
While it is the duty of the legislative branch to enact laws,
and the duty of the executive branch to administer laws, it is the duty
of the third branch of government, the Judiciary, to interpret the laws.
GERALD
- 18 - -
Unfortunately there is evidence that the Judicial branch is now
arbitrarily elbowing its way into new positions of authority, and
disregarding the wise suggestion of judicial restraint made by the
late Justice Frankfurter and others.
When the Supreme Court ordered the states to reapportion on the
"one-man, one vote" concept, Justice Frankfurter, in a dissenting
a
opinion, was critical of an assumption by the Court of "destructively
1
novel judicial power."
"In this situation, as in others of like nature," Justice
Frankfurter said, "appeal for relief does not belong here. Appeal
must be made to an informed, civically militant electorate. In a
democratic society like ours," he continued, "relief must come
through an aroused public conscience that sears the conscience of
the people's representatives."
Justice Frankfurter emphasized that the Supreme "Court's
authority-- possessed neither of the purse nor the sword --
ultimately rests on sustained public confidence in its moral sanction.'
GERALD LIDATE
- 18 -
Unfortunately there is evidence that the Judicial branch is now
arbitrarily elbowing its way into new positions of authority, and
disregarding the wise suggestion of judicial restraint made by the
late Justice Frankfurter and others.
When the Supreme Court ordered the states to reapportion on the
"one-man, one vote" concept, Justice Frankfurter, in a dissenting
a
opinion, was critical of an assumption by the Court of "destructively
novel judicial power."
"In this situation, as in others of like nature," Justice
Frankfurter said, "appeal for relief does not belong here. Appeal
must be made to an informed, civically militant electorate. In a
democratic society like ours," he continued, "relief must come
through an aroused public conscience that sears the conscience of
the people's representatives."
Justice Frankfurter emphasized that the Supreme "Court's
authority-- possessed neither of the purse nor the sword --
ultimately rests on sustained public confidence in its moral sanction."
GERALD LIDARE
-19-
It seems to me that the major goals to be sought in the area
of government are two-fold. First: a sensitive balance between executive,
legislative and judicial branches; Second: a strong two-party system.
As the goals are simple and straightforward, so, too, are the
means of reaching them: a renewed sense of citizen participation at
all levels of government; alert, enlightened and unfettered news media;
self-restraint by those in positions of public trust; a general understanding
of the workings of the American governmental system, so as to be able to
detect deviations from it; and, above all, constant vigilance.
#######
FORD a LIBRARY 078839
Yale Speech - 2
worth commenting that President Johnson might wish for an equal amount of
support for his Viet Nam stand from members of his own Democratic Party.
But beyond Capitol Hill's support for firmness in Viet Nam, a vocal
hAs
claque of academic irresponsibles in recent weeks sought to create an
impression that the American people do not support their Government's stand
against Communist aggression in Southeast Asia.
I consider it incredible that the source of such irresponsible modern-
day Know-Nothing dissent -- that is, dissent based on emotional disregard for
the morality and facts of the case -- should spring from our university cam-
puses.
And I consider it appalling that much of the leadership in this knee-
jerk parroting of pro-Communist and anti-American slogans comes from university
professors purporting to carry forward the banner of free academic inquiry.
Indeed, a central purpose of universities of free inquiry in a society
such as ours is to prepare succeeding generations for the assumption of responsi-
(cir)
bility as citizens. And whenever/educational institutions fail to inculcate
this sense of responsibility toward community and nation in their students, serious
trouble for the republic lies ahead.
This has been the case throughout history. This century offers tragic
proof of the penalties which societies and nations pay for not meeting this funda-
mental requirement for existence.
During the recent Easter week-end demonstration in Washington, some
placards read : " Why Die for Viet Nam ? "
How many of us remember the similar question raised by irresponsible
voices in Chamberlain's Britain, a little over a quarter century ago : = Why Die
for the Sudetanland ? " and II Why Die for Danzig ? "
GERALD
LIBRARY
Yale Speech - 2
worth commenting that President Johnson might wish for an equal amount of
support for his Viet Nam stand from members of his own Democratic Party.
But beyond Capitol Hill's support for firmness in Viet Nam, a vocal
hAs
claque of academic irresponsibles
in recent weeks sought to create an
impression that the American people do not support their Government's stand
against Communist aggression in Southeast Asia.
I consider it incredible that the source of such irresponsible modern-
day Know-Nothing dissent -- that is, dissent based on emotional disregard for
the morality and facts of the case -- should spring from our university cam-
puses.
And I consider it appalling that much of the leadership in this knee-
5
jerk parroting of pro-Communist and anti-American slogans comes from university
professors purporting to carry forward the banner of free academic inquiry.
Indeed, a central purpose of universities of free inquiry in a society
such as ours is to prepare succeeding generations for the assumption of responsi-
(our)
bility as citizens. And whenever/educational institutions fail to inculcate
this sense of responsibility toward community and nation in their students, serious
trouble for the republic lies ahead.
This has been the case throughout Mistory. This cellsury offers tragic
proof of the penalties which societies and nations pay for not meeting this funda-
mental requirement for existence.
During the recent Easter week-end demonstration in Washington, some
placards read : If Why Die for Viet Nam ? If
How many of us remember the similar question raised by irresponsible
voices in Chamberlain's Britain, a little over a quarter century ago : = Why Die
for the Sudetanland ? If and " Why Die for Danzig ? "
Yale Speech - 3
We know now -- and many of us did then -- that these pacifist voices
were serving the purposes of Nazi aggression. The placard-bearers cried for
peace -- while the seeds for Buchenwald and Belsen were taking root.
Today, our so-called teach-ins" and "peace" demonstrations cry for
peace-at-any-price -- while the seeds of Communist atrocity take root. And yet
the appeasers speak of morality.
Others are concerned with the physical uncleanliness of these irrespon-
sible protesters. I for one am not so much concerned with their personal hygiene as with
their moral sterility. For if we condemn public apathy toward victims of street crimes,
what can we say of apathy and disinterest regarding the victims of Communist aggression ?
It is, of course, an apathy and disinterest shown by only a small
minority of American professors and students. These so-called "teach-ins" --
which I regret to say began at my own University of Michigan -- are not truly
representative of the Nation's university campuses. Yet it remains for responsi-
ble leaders of American higher education to make this fact unmistakably clear
to our people.
The pacifists and fellow-travelling irresponsibles cannot alter this
country's policy in Viet Nam. But a danger exists that they will bring about
a loss of public confidence in the aims and operation of the country's educa-
tional system.
There must always be a place for responsible dissent and free inquiry
on our university campuses. But as President Nabrit of Howard University pointed
out this past week, there is no place for irresponsible disruption of academic
pursuits on behalf of forces inimical to our system.
It is not too much to expect university students to understand that
GERALD FORD LIBRARY
Yale Speech - 3
We know now -- and many of us did then -- that these pacifist voices
were serving the purposes of Nazi aggression. The placard-bearers cried for
peace -- while the seeds for Buchenwald and Belsen were taking root.
Today, our so-called " teach-ins" and "peace" demonstrations cry for
peace-at-any-price -- while the seeds of Communist atrocity take root. And yet
the appeasers speak of morality.
much concerned, as are some others, with their physical
their sible moral protesters. sterility. Qthers I for For are one concerned if am we not so with much the concerned physfeal with useleanliness their if we personal condemn of these public irrespon- apathy
what condemn public hygiene as with
can we minority say of apathy of American and disinterest professors regarding and students. apathy the victims toward victims of Communist of street aggression crimes,
?
which I regret to say began at my own University of Michigan -- are not truly
representative of the Nation's university campuses. Yet it remains for responsi-
ble leaders of American higher education to make this fact unmistakably clear
to our people.
The pacifists and fellow-travelling irresponsibles cannot alter this
country's policy in Viet Nam. But a danger exists that they will bring about
a loss of public confidence in the aims and operation of the country's educa-
tional system.
There must always be a place for responsible dissent and free inquiry
on our university campuses. But as President Nabrit of Howard University pointed
out this past week, there is no place for irresponsible disruption of academic
pursuits on behalf of forces inimical to our system.
It is not too much to expect university students to understand that
Yale Speech - 4
along with free academic inquiry goes responsibility to country and society.
And it is certainly not too much to expect their professors to know and teach
that the prime master of free inquiry in Western society, when his community
was threatened, did not walk the streets of Athens carrying a placard asking :
= Why Die for Marathon ? "
Indeed, Socrates knew the answer. And he was prepared to do battle and
if necessary to die to preserve for others the freedom he cherished.
Yet my main thesis tonight is the need for responsible dissent in the Age
of Consensus.
( Into body of speech )
BERALD FORD
Yale speech
Tomorrow being Derby Day at Louisville, I am reminded of Mark Ivain's
insight regarding the nature of our American society.
"It were not best," he wrote, "that we should all think alikes it
is a difference of opinion that makes horse-races."
Let me say that I have absolutely no opinion, different or otherwise,
concerning tomorrow's Kentucky Derby. I address any inquiry along that line
to another Yale alumnus in Washington--the distinguished Senator from
the bluegrass country-=Thruston Morton.
But, as House Minority Leader in the so-called age of consensus, I
views
do have some ready
in the matter of differences of opinion and
and dissent in 1965 America.
Difference of opinion does make for horseraces- but for a republic
to survive, something greater is required of its citizens. Our need is
for responsible dissent.
In the Nation's Capital, we of the Republican Party recognise the
necessity of informed and responsible opposition to Johnson Administration
programs. And we mean to fulfill our function as the Party of Opposition
in a constructive and responsible manner.
But briefly let me address my remarks beyond the Capitol Hillscens.
For we must all recognise a growing threat posed our society and the country
by irresponsible expressions of dissent in this time of national crisis.
-more-
BERALD FORD LIBRARY
Yale speech
-2-
I refer to the crisis in Southeast Asia. It should be sufficient that
our Nation's ememies know that the overwhelming majority of Republicans in
Congress, though opposed to many of the President's domestic programs,
support him in the matter of standing firm against aggression in Viet Name
In fact, it is worth commenting that President Johnson might wish for an
equal amount of support for his Viet Nam stand from members of his own
Democratic Perty.
I consider it incredible that the source of such irresponsible
modern-day "know-nothing" dissent based on emotional disregard for the
marality and facts of the case should spring from our university campuses.
And I consider it appalling that much of the leadership for picketing
with ant-American slogms in what at times amounts to irresponsibleminx
mob action comes from university professors purporting to carry forward
the banner of free academic inquiry.
Indeed, a central purpose of universities of free inquiry in our society
is to prepare succeeding generations for the assumption of responsibility as
citizens. Whenever our educational institutions fail to inculcate this
sense of responsibility toward community and nation in their students, serious
trouble for the republic lies ahead.
This has been the case throughout history. This century offers tragie
proof of the penalties which societies and nations pay for not meeting
this fundamental requirement for existence.
-more-
Yale speech
-3-
During the recent Easter week-end demonstrations in Washington, some
placerds reads "Why Diet for Viet Nam?"
How many of us remember the similar question raised by
irresponsible voices in Chamberlain's Britain, little over a quarter markey
century agos "Why Die for the Sudetanland?" and "Why "10 for Densig?"
We know now---and many of us did then--that these pacifist
voices were serving the purposes of Nasi aggression. The placard-bearers
cried for peace--while the seeds for Buchenwalk and Belsen were taking
root.
Today, our so-called "teach-ins" and "peace" demonstrations cry
alv for peace-at-any-price===while the seeds of Communist atrocity take
root. And yet the appeasers speak of morality.
Others are concerned with the physical uncleanliness of these
irresponsible protesters. I am not so much concerned with their personal
hygiene as with their moral sterility. For if we condemn public
apathy toward victims of street crimes, what can we say of apathy and
disinterest regarding victims of Communist aggression?
It is, of course, an apthy and disinterest shown only by a small
minority of American professors and students. The so-called teach-ins---
which I regret to say began at my own University of Michigan---are are not truly
respresentative of the Nation's university campuses. However, it remains
for responsible leaders of American higher e ducation to make this fact
umistakably clear to our people.
Yale speech
the
The pacificists and fellow-traveling irresponsibles
cannot alter this country's policy in Viet Nam. But a dangerexists that
they will bring about a damaging loss of public confidence in the aims and
operation of the country's educational system.
Certainly there must always be splace for responsible dissent and
free inquiry on our university campuses. But, as President Nabrit of
Howard University pointed out this pastweek, there is no place for
irresponsible disruption of academic pursuits on behalf of forces
opposed to our system.
Dr. Wilson H. Elkins, president of the University of Maryland,
expressed a smiliar 1dea saying that respect of students for authority and
law is essential to the development of good citizenship and the
"indsidious erosion and sometimes outright defience of authority is a
dangerous trend in our society."
Dr. Elkins addeds "It seems clear that if any S tudent or
group....is allowed to 8 eise power in the name of freedom of speech, then
the universities should close their doors before rigor mortis sets in."
It is not too much to expect university students to understand that
along with free academic inquiry goes responsibility to country and society.
And it is certainly not too much to expect their professors to know and teach
that the prime master of free inquiry in Western society did not alka walk
the streets of Athens carrying a placard asking "WHy Die for Marrina Marathon?
when his community was threatened.
BERALD FORD LIBRARY
Indiad, Socrates knew the answer. He was prepared to do battle and if
necessary die to preserve the freedom of others....yet my main theses tonight
New basic non-partisan speech
"Get into Politics"
Our beloved country is faced with historic problems at home and
abroad.
Those dealing with foreign policy, naturally grab the headlines and the
top of radio-television newscasts.
On the domestic scene, however, the Netion faces double dangers that
threaten the very foundations of our Democracy. One is the present imbalance
of power in the legislative and executive branches. The other is the
possibility that our two-party system could become a mythe
Without any indulgence in political participate partisanship]
sensitive
I believe we can agree we must maintain a balance in the branches of
government as established by our Constitution.
time There are disturbing signs of slow and steady erosion in the
power of the Legislative branch, a growing build-up of iron-fisted strength
in the executive arm, and a change from the intended direction in the
Federal Indiciary.
When either party controls Congress by a crushing 2 to 1 majority,
the traditional system of checks and balances in the interest of all Americans
is endangered.
As private citizens how can you have & stronger voice in correcting
these two dangerous trends that must be reversed to strengthen the foundations
of freedom?
GERALD LIVRAGY
Simply stated, the answer is - "gatinto politics!"
- more-
non-partism speech
&
Practically speak, I know that not all business and professional people
can take front-line positions in government as have George Rowney, Robert
McNamara and others.
However, by being citisen-participants in our "enceracy and not just
spectators, you develop a stronger loyalty to your community, your State and
Nation.
There are many ways of "getting into politics" other than running for office
and being elected.
You can fulfill your public responsibilities by 6 stablshing closer
contact with government officials, encouraging your associates to become more active
in practical politics, and by speaking out with courage as individuals on najor
public issues.
In so doing, you become a strong part of what the late Supreme Court
Justice Felix Frankfurter described as an "informed, civically militant electorate."
It is encouraging to se more and more business firms actively supporting
bi-partism political and public affairs programs.
Recently,for example, National Airlines announced a plan designed to
encourage employes to serve on local political committees, to seek elective office
and to participate in community ********** activities.
When L. B. Mayteg, Jr., president of the airlines, described the program
he emphasised that "whila we may not agree among ourselves as to
our own choice of political parties and candidates, we thoroughly agree that men
and women who actively work for a party and the candidates of their choice are
better citizens and better employes"
more-
non-partisan speech
-3-
I whole-heartedly endorse the of business and industry
ebcouraging employees to become knowledgeable on all sides of leading issues
and with all political personalities.
As Mr. Maytag pointed out, "any community is a better place in which
to work, to conduct business and to live if the people there a ctively
exercise their rights of citzenship."
challenging
moral
As with any task, it takes mental and remain courage to
become invoved in the political world as voters, as taxpsyers, as partisans,
as candidates for office, as office-holders as patriots.
It is easier to sit on the sidelines, uttering harping criticism.
However, political spectators fail to strengthen the foundations of our
Nation. Neither do they help correct an imbalance in the branches of
government. Nor do they strengthen the two-party system.
At present, the most glaring example of imbalance in government is the
relationship between Congress and the executive branch.
party
With one political having a 2 to 1 majority in the House and Senate, and the
same party dominating the executive branch, nearly half the American
virtually
electorate is ignored at this point in time.
Although the present Congress has set some sort of a record for
adopting legislation that is long on quantity, but short on quality, the
legislative branch has been critized as being too slow to react in this age
of speed,
GERALD LIGARDS
Critics have rapped the House and enate as being too curbersome and too
old-frohimes
-mm
non-partisen speech
These critics perhage are unaware that in Congress a system of
checks and balances is provided by the Constitution.
Congress has proved many times that 1t can react with dispatch
to meet a crisis in war or in peacetime, in days of economic depression or
in times of golden prosperity.
It has been said by critics that Congress frequently makes haste slowly.
Nowever, the act of deliberate slowness is a safeguard against racing to the
brink of decision. It prevents a dangerous plunge. Congress should reach its
major decisions only after adequate research, thought, and exhaustive discussion.
When the executive branch is dominated by the same political party that
controls Congress, the balance of power obviously is steeply tilted.
Although the President is the chief executive and head of state for all of
us, he does represent especially the views of the people who voted for him.
Members of Congress, and particularly those in the House, are closer to
the citizens because they are chosen by smaller segments of the Nation. Being
elected every two years, Representatives are therefore closer to the
people.
As in the Senate, the House is represented by nearly every major profession,
national orgin and religion,Congress is a cross-section of the American people.
This 1s your strength. It should not be lessened by an over-balance of power.
I include the Federal Judiciary among the branches of government in which
a thax sensitive balance of power is essential.
-more-
GERALD
non-partisan speech
5-
There is evidence that the "udical "ranch is arbitrarily elbowing its
way to new positions of suthority, disregarding the wise suggestions of
restraint made by the late Justice Frankfurter and others.
When the Supreme Court ordered states to respportion on the "one-man,
one-vote" concept, Justice Frankfurter in a dissenting opinion was critical
of an assumption by the Court of "destructively novel judicial power."
Justice Frankfurter in essence said that the Court was not the body
to decide the issue pointing out "...appeal for relief does not belong here...."
"e
also said that "in a democratic society like ours, relief must come
through an aroused public conscience that sears the conscience of the
peoples representatives."
Justice Frankfurter emphasized that the Supreme Court's "authority----
possessed neither of the purse nor the sword==ultimately rests on sustained
public confidence in its moral sanction."
As private whisens citizens have an opportunity to help create an
aroused public conscience. And in becoming part of what Justice Frankfurter
described as an "informed, civically militant electorate," you discover the
deeper meaning of service and true citzenship.
You have the education, the knowledge; you have proved a willingness to
give more of yourselves than you receive.
The Natio needs you and your readiness to accept challenges as loyal
citizens of a free society to maintain and to strengthen the two-party
political system - At the same time helping to maintain
GERALD R.FORD LIBRARY
proper balana
non-partisan speech
-6-
E am confident that you will accept your responsibilities in an
esciting, turbulent, demanding and changing time.
# # #
GERALD
A people accustomed to the habit of freedom and local self-
government, and familiar with the adage that "necessity is the
mother of invention," are likely to find ways to invoke old and
to devise new checks and balances on central government.
"Whither America ?
is amazing, for example, to find Senate MajorityLeadar.Mike
Mansfield admitting that the Great Society-dofninated first
session of the 89th Congress, in its mass production of laws
By Congressman August E. Johansen
many ill-considered -- has left "a number of gaps and any
Prophesy is a precarious business. I offer no final answers to
number of rough edges, over-extensions and overlaps." And
the question "Whither America?" But I do venture to raise
he proposes as an urgently necessary check and balance that
that question with respect to four main areas of controversy
"thought be given to the frequently mentioned but generally
and concern: I propose to discuss some of the factors, some
under-exercised congressional function of legislative over-
of the considerations and "ifs", which may well determine the
sight"
designed to "catch these shortcomings
before
answers; and I venture to suggest that a vigorous two-party
they become solidified by repetition into the administrative
system, which means a strengthened Republican partv. has an
practices of the departments and agencies."
important bearing on the potential answers to "Whither Ameri-
Certainly the two-party system, which means a strong and
ca?".
vigorous Republican Party, whether in the majority or minority,
1. Whither America: With respect to the historic and
is one of the essentials of our checks and balances system.
hallowed concept of a "Government of laws rather than of
And certainly there is greater need than ever for a watch-dog
men"?
function performed by the Republican Party something not
The Martin Luther King doctrine that citizens are free to
particularly welcomed by those whose theme song is "Whatc
select the laws they choose to obey or disobey is a current
Lyndon Wants, Lyndon Gets."
challenge to the government of laws, but it is not the only such
3. Whither America: With respect to the future course of
challenge. Congressional rubber-stamping of Executive de-
racial relations? I speak with utmost restraint and as onev
mands is "government of men." When, in the words of Mr.
who voted against the Civil Rights legislation on Constitutional
Justice Harlan, the judiciary "exceeds its authority" by substi-
grounds and as one who has always rejected the notion that
tuting "its view of what should be so for the amending pro-
this is a geographical area problem.
cess," it is government of men. When a President (Franklin
We want to see progress toward both justice and domestic
D. Roosevelt) urges the Congress to pass a law regardless of
tranquility.If that goal is to be realized it is necessary that both
"doubts as to constitutionality, however reasonable", it is
races develop leadership, including the kind of leadership that
government of men.
works quietly and calmly, dedicated to mutual cooperation;
As to the King doctrine -- and his concept of non-violent
leadership which refuses to denounce the spirit of give-and-
civil disobedience -- it is well to remember that Webster's
take as Uncle Tom-ism or "betrayal". And there needs to be
dictionary defines "violence" not only as "exertion of physical
a repudiation of the absurd and vicious doctrine of mass guilt
force" but also as "injury done to that which is entitled to
or inherited guilt. There is no place for such a concept.
respect, reverence or observance." By definition, therefore,
Needed reform, not continual and perpetual self-reproaches, is
there can be no non-violent civil disobedience -- no non-
the way to progress. Let Republicans set the example in this
violent violence.
difficult area.
"Whither America?", in terms of the concept of a govern-
4. Whither America: With respect to realism in facing up to
ment of laws rather than men depends upon whether what we
the facts, the threats and the overt acts of our "enemies,
are witnessing today in terms of civil disobedience includ-
foreign and domestic"?
ing defiance of draft laws -- reflects a severe but passing
What are some of the determining factors which will decide
fever or a malignant, organic impairment.
where we are headed, where we are going, in this area of
There are those who want to make the civil disobedience
national challenge and peril?
and mass demonstration concept and techniques a permanent
Whether we learn to distinguish between those enemies who
thing, those who advocate "creative violence"; there has even
are Communists, Communist agents and dupes, and those
been a proposal to conduct such massive protests as to compel
who injure America through stupidity, incompetence, weak-
the resignation of the President of the United States, an un-
ness.
thinkable, un-American proposal. All such activity can lead
Whether we recognize the fact that between Communism and
only to anarchy, or tyranny, or both. Right-thinking Americans
freedom there is eternal and inevitable hostility -- despite
of both parties will resist that trend. The Republican party
talk of coexistence and peace; even though subversion, propa-
must be in the forefront of such resistance.
ganda, economic conflict and diplomacy rather than out-
2. Whither America? With respect to the historical, Con-
right violence of the phycial and military variety are the tech-
stitutional concept and safeguards of "limited government"
niques of cold war. President Johnson is quite right in ordering
and the system of built-in check and balances?
full investigation of Communist influences in* the Anti-Viet
Undeniably the trend today is toward centralization of
Nam and anti-draft demonstrations. But you can expect him to
governmental power in Washington, and its concentration in
be the next target of "McCarthyism" charges!
the Executive branch and the bureaucracy.
Whether we recognize that the Communists are exploiters
Alarming and discouraging as this trend is, with its massive
and that they have already given evidence of plans to exploit
intervention of the Federal government in so many areas
the sincere and eloquent peace pleas of Pope Paul, exactly
reserved hertofore to state and local government and the in-
as they formerly exploited the so-called Spirit of Camp David
dividual citizen, Republicans and conservative Democrats who
following Kruschev's first visit to the United States.
have shared in the effort to resist the trend my take some
Whether we recognize that any sign of weakness, of re-
encouragement from certain facts and factors.
treat, of backing away is an invitation to new Communist pres-
Recent refusal of the Senate to repeal 14-b (section of the
sure, demands and aggressive thrust whether that weak-
Taft-Hartley law) proves that Congress itself can be a check
ness is in the form of our abandonment of the Monroe Doctrine
and balance when it gets the gumption to use its power. The
vis a vis Cuba; whether in Korea or Viet Nam; whether in our
awakening to the threat of Federal bureaucratic controls is
unconscionable concessions in Panama, or our post-interven-
becoming bi-partisan: It was a Democratic congressman from
tion failures and blunders in the Dominican Republic, or
Illinois and Democratic Mayor Daley of Chicago who led the
wherever.
vehement protests against the U.S. Commissioner of Education's
move to cut off Federal funds to Chicago without conforming
to the due process requirements of law. Florida's difficulties
with Labor Secretary Wirtz over off-shore labor, finds its
counterpart in California's complaints, in grievances of New
Address by Rep. Gerald R. Ford
YALE LAW SCHOOL ALUMNI DINNER
April 30, 1965
When Governor Scranton was here last year he said he would talk on a "safe
subject" -- politics! Being a peaceful man myself, and wishing to avoid controversy
whenever possible, I, too, will stick to that safe subject.
But as House Minority Leader in the so-called age of consensus, I do have
some ready views in the matter of differences of opinion and dissent in 1965 America.
Difference of opinion does make for horseraces---but for a republic to
survive, something greater is required of its citizens. Our need is for responsible
dissent.
In the Nation's Capital, we of the Republican Party recognize the necessity
of informed and responsible opposition to Johnson Administration programs. And we
mean to fulfill our function as the Party of Opposition in a constructive and
responsible manner.
But briefly let me address my remarks beyond the Capitol Hill scene.
to
For we must all recognize a growing threat posed/our society and the country by
irresponsible expressions of dissent in this time of national crisis.
I refer to the crisis in Southeast Asia. Itshould be sufficient that our
Nation's enemies know that the overwhelming majority of Republicans in Congress,
though opposed to many of the President's domestic programs, support him in the
matter of standing firm against aggression in Viet-Nam. In fact, it is worth
commenting that President Johnson might wish for an equal amount of support for his
Viet-Nam stand from members of his own Democratic Party.
I consider it incredible that a source of such irresponsible modern-day
"know-nothing" dissent based on emotional disregard for the morality and facts of the
case should spring from a few of our university campuses.
And I consider it appalling that much of the leadership for picketing with
anti-American slogans in what at times amounts to irresponsible mob action comes from
a small minority of university professors purporting to carry forward the banner of
free academic inquiry.
Indeed, a central purpose of universities of free inquiry in our society is
to prepare succeeding generations for the assumption of responsibility as citizens.
Whenever our educational institutions fail to inculcate this sense of responsibility
toward community and nation in their students, serious trouble for the republic lies
ahead.
This has been the case throughout history. This century offers tragic proof
of the penalties which societies and nations pay for not meeting this fundamental
requirement for existence.
more
-2-
During the recent Easter week-end demonstrations in Washington, some
placards read: "Why Die for Viet-Nam?"
How many of us remember the similar question raised by irresponsible voices
in Chamberlain's Britain, little over a quarter century ago: "Why Die for the
Sudetanland?" and "Why Die for Danzig?"
We know now and many of us did then that these padfist voices were
serving the purposes of Nazi aggression. The placard-bearers cried for peace
while the seeds for Buchenwald and Belsen were taking root.
Today, our so-called "teach-ins" and "peace" demonstrations cry for
peace-at-any-price- while the seeds of Communist atrocity take root. And yet the
appeasers speak of morality.
Others are concerned with the physical uncleanliness of these irresponsible
protesters. I am not so much conerned with their personal hygiene as with their
moral sterility. For if we condemn public apathy toward victims of street crimes,
what can we say of apathy and disinterest regarding victims of Communist aggression?
It is, of course, an apathy and disinterest shown only by a small, small
minority of American professors and students. The so-called teach-ins---which I
regret to say may have began at my own University of Michigan are not truly
representative of the Nation's university campuses. However, it remains for
responsible leaders of American higher education to make this fact unmistakably clear
to our people.
The well intentioned but unrealistic placard-carrying marchers who bear no
public responsibilities cannot alter this country's policy in Viet-Nam. But a danger
exists that they will bring about a damaging loss of public confidence in the aims
and operation of the country's educational system. In addition their words and
actions may lead to a dangerous miscalculation by the enemy of our nation's course of
present and future action. Such miscalculation by the Communists in Peking or
elsewhere could have dire consequences for all mankind.
Certainly there must always be a place for responsible dissent and free
inqiry on our university campuses. But, as President Nabrit of Howard University
pointed out this past week, there is no place for irresponsible disruption cf
academie pursuits on behalf of forces opposed to our system.
Dr. Wilson H. Elkins, president of the University of Maryland, expressed a
similar idea saying that respect of students for authority and law is essential to
the development of good citizenship and the "insidious erosion and sometimes outright
defiance of authority is a dangerous trend in our society."
Dr. Elkins added: "It seems clear that if any student or group....is allowed
-3-
to seize power in the name of freedom of speech, then the universities should close
their doors before rigor mortis sets in."
It is not too much to expect university students to understand that along
with free academic inquiry goes responsibility to country and society. And it is
certainly not too much to expect their professors to know and teach that the prime
master of free inquiry in Western society did not walk the streets of Athens
carrying a placard asking "Why Die for Marathon?" when his community was threatened.
Indeed, Socrates knew the answer. He was prepared to do battle and if
necessary die to preserve the freedom of others yet my main thesis tonight is the
need for responsible dissent in the Age of Consensus.
In the years ahead, as never before, we must beware of men with ready
answers.
For we will still have to live-- and find answers -- under moral ground
rules that were set down twenty centuries ago and under political ground rules that
were set down two centuries ago.
Leaving the former to the theologians, I would like to make some comments
on the latter.
The American Constitution was not divinely created. The Founding Fathers,
after all, were merely mortals -- why four of them were even Yale men! (Harvard
had only three. Though we must admit that nine came from Princeton!)
The important point to stress when discussing the Constitution, I believe,
is not that it has been sanctified by time and tradition. Nor need we dwell on its
immutability -- it can and has been changed from time to time. What is important is
that it works. We have lived successfully and amicably under it. In a society
that has always prided itself on pragmatism this is the ultimate test.
The keystone of our Constitution has been its system of balances -- balances
between leveds of government and balances between branches of government.
Anyone who has ever worked with balances in a scientific laboratory knows
that they are finely attuned instruments. One must be constantly alert to keep them
in kilter; one must make immediate adjustments when there is a malfunction. Our
governmental balances are no different in principle.
The legislative-executive-judicial balance, as established by our Constituion
is a simple, yet ingenious, system of insuring our freedome
Yet today there are disturbing signs of slow erosion in the power of the
Legislative, build-up of awesome power in the Executive, and regrettable change in
the intended direction of the Judiciary. Each is a threat to freedom.
I think that much of today's criticism of Congress, the legislative branch,
-4-
is a manifestation of our frustrations -- the tensions of a prolonged Cold War, the
anomaly of poverty in the midst of plenty, the complexity of highly urbanized living,
the gap between the American Ideal of equality and its realization.
"Let's stop talking and get things done!" we would all like to shout at one
time or another.
But Congress, by design, is a deliberative body -- 435 representatives in the
House and 100 in the Senate who must reach majority decisions.
This criticism -- that congress is too cumbersome, too old-fashioned -- is
basically unwarranted for two reasons.
First, because Congress has repeatedly proved that it can act with dispatch
to meet crisis. You will recall, for example, that in the famous Hundred Days of
1933 some bills were voted into law even before they were printed.
Second, because the advantages of precipitous action are often outweighed by
the safeguards of deliberate slowness.
In the race to the brink of decision one can easily fall over into the
chasm of irresponsibility. It is to prevent this dangerous plunge that the Constitute
provided checks and balances. It is only proper, when one stops to consider, that
Congress should reach its major decisions after adequate research, thought, and full
discussion.
After all, if the ultimate goal of government were merely speed, we could
institute a dictatorship. What could be faster than one man giving an uncontestable
order?
When the balance in Congress is steeply tilted by an overwhelming majority in
one political party -- as it is today with 294 Democrats and 140 Republicans in the
House -- our system of checks and balances is further endangered.
This is because our two-party system, although not written into the Constitu-
tion, builds into government an additional set of checks and balances. Early in our
history a wise decision was made to follow the pattern of a two-party system. We
avoided the loss of freedom of a one-party government; we avoided the chaos and
confusion of a multi-party government.
Not only does a strong second party provide the electorate with legislative
alternatives but also with a remarkably high level of honesty and frankness.
Without indulging in partisanship, I am sure we can all agree that a strong
two-party system is Democracy's life insurance -- protection for our children against
any drift toward authoritarianism. Conversely, a crushing over-balance of strength in
either party for too long will make a mockery of our traditions in government and
weaken the voice of the people.
more
-5-
This threat to the American system becomes even more serious when both
legislative and executive branches are dominated by the same party.
The temptation for the President's majority in Congress to simply rubber-
stamp his proposals can become irresistable. Especially when the President is a
master at the art of arm-twisting -- or as the present incumbent calls it, "reasoning
together!" The recently passed Education Act is a case in point. We had such quick
passage of a bill without Congress really working its will that many conscientious
citizens feel raised more questions than answers. So we now hear talk of correcting
the flaws with additional legislation. But this is hardly an adequate substitute for
well thought out action.
We must also remember that the burgeoning growth of Big Government has given
the Preisdent virtually unlimited resources for working his will. Besides the
increased patronage and the increased leverage of administering massive spending
programs, he now controls a veritable army of experts, researchers and propagandists
whose job it is to present his administration in the best possible light to the
American people.
Great power in a democracy should require great self-restraint. Yet only
two weeks ago we were dramatically reminded that this is not always the case. I am
referring to April 15th -- the day of reckoning for the American taxpayer. An
incalculable number of citizens were then obliged to go into debt as a delayed result
of federal tax legislation with political overtones. What happened was that after the
1964 tax reduction was passed the Administration wished to bask in the sun of voter
gratitude, while muting the politically disagreeable fact that cutting the withholding
tax would leave the taxpayer with a larger cash obligation to the Treasury on April
15th, 1965, than in previous years. The Administration's action -- in allowing a
false impression to exist -- reminded columnist Arthur Krock of a television commercial
that used fake sandpaper in a shaving cream demonstration. But in the case of the
commercial fakery, the Federal Trade Commission ordered the company to cease and
desist. Nobody, however, required the Administration to do likewise.
Today the President is king pin of the branch of government that employs
over five million civilian and military personnel, with a yearly payroll cost of $28
billion, and a total expenditure of over 127 billion tax dollars in fiscal 1966.
This is awesome power, indeed. And if consistently used improperly could
mean the withering away of our tripartite system of government and the eventual death
of the two-party system.
It is also necessary to remember that while the President is chief executive
of all of us, he basically represents the views of only those who voted for him.
more
Address by Rep. Gerald R. Ford
YALE LAW SCHOOL ALUMNI DINNER
April 30, 1965
When Governor Scranton was here last year he said he would talk on a "safe
subject" - politics! Being a peaceful man myself, and wishing to avoid controversy
whenever possible, I, too, will stick to that safe subject.
But as House Minority Leader in the so-called age of consensus, I do have
some ready views in the matter of differences of opinion and dissent in 1965 America.
Difference of opinion does make for horseraces---but for a republic to
survive, something greater is required of its citizens. Our need is for responsible
dissent.
In the Nation's Capital, we of the Republican Party recognize the necessity
of informed and responsible opposition to Johnson Administration programs. And we
mean to fulfill our function as the Party of Opposition in a constructive and
responsible manner.
But briefly let me address my marks beyond the Capitol Hill scene.
to
For we must all recognize a growing threat posed/our society and the country by
irresponsible expressions of dissent in this time of national crisis.
I refer to the crisis in Southeast Asia. Itshould be sufficient that our
Nation's enemies know that the overwhelming majority of Republicans in Congress,
though opposed to many of the President's domestic programs, support him in the
matter of standing firm against aggression in Viet-Nam. In fact, it is worth
commenting that President Johnson might wish for an equal amount of support for his
Viet-Nam stand from members of his own Democratic Party.
I consider it incredible that a source of such irresponsible modern-day
"know-nothing" dissent based on emotional disregard for the morality and facts of the
case should spring from a few of our university campuses.
And I consider it appalling that much of the leadership for picketing with
anti-American slogans in what at times amounts to irresponsible mob action comes from
a small minority of university professors purporting to carry forward the banner of
free academic inquiry.
Indeed, a central purpose of universities of free inquiry in our society is
to prepare succeeding generations for the assumption of responsibility as citizens.
Whenever our educational institutions fail to inculcate this sense of responsibility
toward community and nation in their students, serious trouble for the republic lies
ahead.
This has been the case throughout history. This century offers tragic proof
of the penalties which societies and nations pay for not meeting this fundamental
requirement for existence.
more
-2-
During the recent Easter week-end demonstrations in Washington, some
placards read: "Why Die for Viet-Nam?"
How many of us remember the similar question raised by irresponsible voices
in Chamberlain's Britain, little over a quarter century ago: "Why Die for the
Sudetanland?" and "Why Die for Danzig?"
We know now--and many of us did then that these padfist voices were
serving the purposes of Nazi aggression. The placard-bearers cried for peace
while the seeds for Buchenwald and Belsen were taking root.
Today, our so-called "teach-ins" and "peace" demonstrations cry for
peace-at-any-price- while the seeds of Communist atrocity take root. And yet the
appeasers speak of morality.
Others are concerned with the physical uncleanliness of these irresponsible
protesters. I am not so much conerned with their personal hygiene as with their
moral sterility. For if we condemn public apathy toward victims of street crimes,
what can we say of apathy and disinterest regarding victims of Communist aggression?
It is, of course, an apathy and disinterest shown only by a small, small
minority of American professors and students. The so-called teach-ins---which I
regret to say may have began at my OWn University of Michigan are not truly
representative of the Nation's university campuses. However, it remains for
responsible leaders of American higher education to make this fact unmistakably clear
to our people.
The well intentioned but unrealistic placard-carrying marchers who bear no
public responsibilities cannot alter this country's policy in Viet-Nam. But a danger
exists that they will bring about a damaging loss of public confidence in the aims
and operation of the country's educational system. In addition their words and
actions may lead to a dangerous miscalculation by the enemy of our netion's course of
present and future action. Such miscalculation by the Communists in Peking or
elsewhere could have dire consequences for all mankind.
Certainly there must always be a place for responsible dissent and free
inqiry on our university campuses. But, as President Nabrit of Howard University
pointed out this past week, there is no place for irresponsible disruption of
academis pursuits on behalf of forces opposed to our system.
Dr. Wilson H. Elkins, president of the University of Maryland, expressed a
similar idea saying that respect of students for authority and law is essential to
the development of good citizenship and the "insidious erosion and sometimes outright
defiance of authority is a dangerous trend in our society."
Dr. Elkins added: "It seems clear that if any student or group is allowed
-3-
to seize power in the name of freedom of speech, then the universities should close
their doors before rigor mortis sets in."
It is not too much to expect university students to understand that along
with free academic inquiry goes responsibility to country and society. And it is
certainly not too much to expect their professors to know and teach that the prime
master of free inquiry in Western society did not walk the streets of Athens
carrying a placard asking "Why Die for Marathon?" when his community was threatened.
Indeed, Socrates knew the answer. He was prepared to do battle and if
necessary die to preserve the freedom of others yet my main thesis tonight is the
need for responsible dissent in the Age of Consensus.
In the years ahead, as never before, we must beware of men with ready
answers.
For we will still have to live-- and find answers -- under moral ground
rules that were set down twenty centuries ago and under political ground rules that
were set down two centuries ago.
Leaving the former to the theologians, I would like to make some comments
on the latter.
The American Constitution was not divinely created. The Founding Fathers,
after all, were merely mortals -- why four of them were even Yale men! (Harvard
had only three. Though we must admit that nine came from Princeton!)
The important point to stress when discussing the Constitution, I believe,
is not that it has been sanctified by time and tradition. Nor need we dwell on its
immutability - it can and has been changed from time to time. What is important is
that it works. We have lived successfully and amicably under it. In a society
that has always prided itself on pragmatism this is the ultimate test.
The keystone of our Constitution has been its system of balances -- balances
between levels of government and balances between branches of government.
Anyone who has ever worked with balances in a scientific laboratory knows
that they are finely attuned instruments. One must be constantly alert to keep them
in kilter; one must make immediate adjustments when there is a malfunction. Our
governmental balances are no different in principle.
The legislative-executive-judicial balance, as established by our Constituion
is a simple, yet ingenious, system of insuring our freedome
Yet today there are disturbing signs of slow erosion in the power of the
Legislative, build-up of awesome power in the Executive, and regrettable change in
the intended direction of the Judiciary. Each is a threat to freedom.
I think that much of today's criticism of Congress, the legislative branch,
-4-
is a manifestation of our frustrations -- the tensions of a prolonged Cold War, the
anomaly of poverty in the midst of plenty, the complexity of highly urbanized living,
the gap between the American Ideal of equality and its realization.
"Let's stop talking and get things done!" we would all like to shout at one
time or another.
But Congress, by design, is a deliberative body -- 435 representatives in the
House and 100 in the Senate who must reach majority decisions.
This criticism -- that congress is too cumbersome, too old-fashioned -- is
basically unwarranted for two reasons.
First, because Congress has repeatedly proved that it can act with dispatch
to meet crisis. You will recall, for example, that in the famous Hundred Days of
1933 some bills were voted into law even before they were printed.
Second, because the advantages of precipitous action are often outweighed by
the safeguards of deliberate slowness.
In the race to the brink of decision one can easily fall over into the
chasm of irresponsibility. It is to prevent this dangerous plunge that the Constitut
provided checks and balances. It is only proper, when one stops to consider, that
Congress should reach its major decisions after adequate research, thought, and full
discussion.
After all, if the ultimate goal of government were merely speed, we could
institute a dictatorship. What could be faster than one man giving an uncontestable
order?
When the balance in Congress is steeply tilted by an overwhelming majority in
one political party -- as it is today with 294 Democrats and 140 Republicans in the
House -- our system of checks and balances is further endangered.
This is because our two-party system, although not written into the Constitu-
tion, builds into government an additional set of checks and balances. Early in our
history a wise decision was made to follow the pattern of a two-party system. We
avoided the loss of freedom of a one-party government; we avoided the chaos and
confusion of a multi-party government.
Not only does a strong second party provide the electorate with legislative
alternatives but also with a remarkably high level of honesty and frankness.
Without indulging in partisanship, I am sure we can all agree that a strong
two-party system is Democracy's life insurance -- protection for our children against
any drift toward authoritarianism. Conversely, a crushing over-balance of strength in
either party for too long will make a mockery of our traditions in government and
weaken the voice of the people.
more
-5-
This threat to the American system becomes even more serious when both
legislative and executive branches are dominated by the same party.
The temptation for the President's majority in Congress to simply rubber-
stamp his proposals can become irresistable. Especially when the President is a
master at the art of arm-twisting - or as the present incumbent calls it, "reasoning
together!' The recently passed Education Act is a case in point. We had such quick
passage of a bill without Congress really working its will that many conscientious
citizens feel raised more questions than answers. So we now hear talk of correcting
the flaws with additional legislation. But this is hardly an adequate substitute for
well thought out action.
We must also remember that the burgeoning growth of Big Government has given
the Preisdent virtually unlimited resources for working his will. Besides the
increased patronage and the increased leverage of administering massive spending
programs, he now controls a veritable army of experts, researchers and propagandists
whose job it is to present his administration in the best possible light to the
American people.
Great power in a democracy should require great self-restraint. Yet only
two weeks ago we were dramatically reminded that this is not always the case. I am
referring to April 15th -- the day of reckoning for the American taxpayer. An
incalculable number of citizens were then obliged to go into debt as a delayed result
of federal tax legislation with political overtones. What happened was that after the
1964 tax reduction was passed the Administration wished to bask in the sun of voter
gratitude, while muting the politically disagreeable fact that cutting the withholding
tax would leave the taxpayer with a larger cash obligation to the Treasury on April
15th, 1965, than in previous years. The Administration's action -- in allowing a
false impression to exist -- reminded columnist Arthur Krock of a television commercial
that used fake sandpaper in a shaving cream demonstration. But in the case of the
commercial fakery, the Federal Trade Commission ordered the company to cease and
desist. Nobody, however, required the Administration to do likewise.
Today the President is king pin of the branch of government that employs
over five million civilian and military personnel, with a yearly payroll cost of $28
billion, and a total expenditure of over 127 billion tax dollars in fiscal 1966.
This is awesome power, indeed. And if consistently used improperly could
nean the withering away of our tripartite system of government and the eventual death
of the two-party system.
It is also necessary to remember that while the President is chief executive
of all of us, he basically represents the views of only those who voted for him.
more
-6-
(Many times this has meant less than a majority of the people.)
On the other hand, members of Congress, and particularly those in the House
of Representatives, are closer to the Nation's citizens. They are chosen by smaller
segments of the Nation. In the House they are elected every two years. They represent
every section of the country, rural and city, suburbs, blue-collar and white-collar,
every major profession, doctors and lawyers, nearly every national origin, Protestant,
Catholic, Jew, Negro, even American Indian.
This is your strength. It should not be diluted by an over-balance in the
executive and judicial branches of government.
While it is the duty of the legislative branch to enact laws, and the duty
of the executive branch to administer laws, it is the duty of the third branch of
government, the Judiciary, to interpret the laws.
Unfortunately there is evidence that the Judicial branch is now arbitrarily
elbowing its way into new positions of authority, and disregarding the wise suggestion
of judicial restraint made by the late Justice Frankfurter and others.
When the Supreme Court ordered the states to respportion on the "one-man,
one vote" concept, Justice Frankfurter, in a dissenting opinion, was critical of an
assumption by the Court of "destructively novel judicial power."
"In this situation, as in others cf like nature," Justice Frankfurter said,
"appeal for relief does not belong here. Appeal "must be made to an informed,
civically militant electorate. In a democratic scciety like ours," he continued,
"relief must come through an aroused public conscience that sears the conscience of
the people's representatives."
Justice Frankfurter emphasized that the Supreme "Court's authority --
possessed neither of the purse nor the sword utlimately rests on sustained public
confidence in its moral sanction."
* * *
It seems to me that the major goals to be sought in the area of government
are two-fold. First: a sensitive balance between executive, legislative and judicial
branches; Second: a strong two-party system.
As the goals are simple and straightforward, so, too, are the means of
reaching them: a renewed sense of citizen participation at all levels of government;
alert, enlightened and unfettered news media; self-restraint by those in positions of
public trust; a general understanding of the workings of the American governmental
system, so as to be able to detect deviations from it; and, above all, constant
vigilance.
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segments of the Nation. In the House they are elected every two years. They represen.
& 15 section of the country, rural and city, suburbs, blue-collar and white-collar,
every major profession, doctors and lawyers, nearly every national origin, Protestant,
Catholic, Jew, Nagro, even American Indian.
This is your strength. It should not be diluted by an over-balance in the
executive and judicial branches of government.
While it is the duty of the legislative branch to enact laws, and the duty
of the executive branch to administer laws, it is the duty of the third branch of
government, the Judiciary, to interpret the laws.
Unfortunately there is evidence that the Judicial branch is now arbitrarily
elbowing its way into new positions of authority, and disregarding the wise suggestion
of judicial restraint made by the lase Justice Frankfurter and others,
When the Supreme Court ordered the states to reapportion on the "one-man,
one vote" concept, Justice Frankfurter, in a dissenting opinion, was critical of an
assumption by the Court of "destructively novel judicial power."
"In this situation, as in others of like nature," Justice Frankfurter said,
"appeal for relief does not belong here. Appeal "must be made to an informed,
civically militant electorate. In a democratic society like ours," he continued,
"relief must come through an aroused public conscience that sears the conscience of
the people's representatives."
Justice Frankfurter emphasized that the Supreme "Court's authority --
possessed neither of the purse nor the sword utlimately rests on sustained public
confidence in its moral sanction."
* * *
It seems to me that the major goals to be sought in the area of government
are two-fold. First: a sensitive balance between executive, legislative and judicial
branches; Second: a strong two-party system.
As the goals are simple and straightforward, so, too, are the means of
reaching them: a renewed sense of citizen participation at all levels of government;
alert, enlightened and unfettered news media; self-restraint by those in positions of
public trust; a general understanding of the workings of the American governmental
system, SD as to be able to detect deviations from it; and, above all, constant
vigilance.
#########
GERALD LIBRARY