davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-14
Senator Morse Sees important Safeguard
In Procedure Which Killed Mallory Bill

oming, my colleague on the
y Committee on the Judiciary
(for Yielding.
Let me ask him whether the
language Of the conference re-
port which provides that such
delay is to be Considered as an
element in determining the vol
untary or involuntary nature Of
such statements or confessions,
was in either the House version
or the Senate version of the bill.
''Mr. O'MAHONEY. 1t was in
neither.
"Mr. JENNINGS. Then that
language is entirely new matter,
is it?
Mr.. o'MAHoNEY. 1t is en-
tirely new matter"
Sees Point Well Token
The floor managers own admis-
sion that the conference report
language was entirely new mat
ter" amply demonstrates that
Senator CAROLS point of order
was well taken. The Vice Presi-
dent had no real alternative but
to sustain it. I note that the floor
s manager did not choose to appeal
the Vice Presidents ruling to the
body Of the Senate. It is lust as
well that he did not. It was
4 O'Clock on a Sunday morning.
and most Of the Senators had
gone home.
In supporting Senator CAROLS
point Of order, ! stated that "the
Senate confereeS have brought
back from the conference a bill
greatly different from the bill
they took to the conference" A
brief look at the history of this
controversial and highly complex
measure should be convincing that
the bill reported from conference
was In some respects the complete
reverse of the bill which the SEN
ate passed on August ls. In this
bill. the difference of only word
or two reverseS its whole meaning.
At issue in the dispute over the
Mallory Rule has been the cues
ton of whether unnecessary delay
between arrest and arraignment.
quite apart from its possible CO.
ercive effect, is SUFFICIENT grounds
to exclude confession taken dur
ing the period of delay. The SUI
preme Court, without spelling out
all the possible grounds which
would justify delay between ar
rest and arraignment, said, in
the Mallory case, that such delay,
even without direct evidence of
duress or coercion, is sufficient to
exclude a confession. The purpose
OF this rule of high policy was to
provide meaningful sanction for
Rule 5(a) of the Federal Rules of
Criminal Procedure, which re-
quires prompt arraignment. 1t is
quite apart from another rule of
high policy which forbids the use
of confessions extracted by force
and duress from an accused.
Why He Opposed Measure
The bill which passed the House
stated that evidence, including
statements and confessions, other
wise admissible, shall not be in
admissible solely because of delay
in taking an arrested person be-
fore a commissioner. :" The
House version eliminated the ques-
ton of pre-arraignment delay,
standing alone. as a bar to the
admissibility of a confession. AS
such. it would repeal the holding
of the Supreme Court in the NAL
lory and McNabb cases. opposed
such a measure as a direct threat
to individual liberties and as an
attempt to modify the Constitu-
ton by act of Congress.
The bill which passed the SEN
ate stated that a confession.
otherwise admissible, shofld not
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-14

argue that a State which wants to
avoid integrated education must
close every school it runs. not just
the particular ones which are I'M
der orders to desegregate.
This contention rests on the all
important equal protection"
clause, which formed the basis for
the 1854 Supreme Court decision
that States may not maintain seq
regated schools.
How the Amendment Reeds
The relevant section of the
amendment is as brief as it is
significant. 1t states simply that
no State shall deny to any
person within its jurisdiction the
equal protection of the laws"
Thus the amendment does not
affect actions by private persons
It's thrust is directed only against
State action.
Concerning State action, this is
what history has agreed the
amendment means:
If a State chooses to engage in
any activity-whether it be edu-
cation, fire protection, or unem-
ployment compensation-all per-
sons must be permitted to enjoy
whatever benefits the enterprise
offers, on an equal basis. And no
State regulation of private activi-
ties can discriminate because Of
irrational criteria like race.
Applied to the field of education.
the amendment means that the
Constitution does not require q
State to operate a school system.
If, however. the State chooses to
enter the field Of education, it
cannot deprive any Of its people
Of equal access to the facilities 1t
establishes.
And. as of 1854, equal access
means that public schools cannot
be set up on a racially segregated
basis. because separate facilities
are inherently unequal"
EquOIity and the Stote
The key legal difference be-
tween those who want to abolish
integrated schools and the NAACP
appears to rest on the question of
whether it is enough for a local
school board to give its children
equal treatment or whether equal
ity must be measured on a State
wide basis.
If the segregationistS are right,
a local board of education can
constitutionally close its schools
without forcing any Of its children
to suffer unequal treatment. All
will be treated equally, since none
will get a public education. The
treatment may be horrible-but
it will be equal.
The NAACP, however, thinks
that the courts will pay as little
attention to the new horrible
but equal" doctrine as they did
to the separate but equal doc
trine Of 1896. The association
may urge the courts to hold that
students in q district whose
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-14
Copyright 1858
Nv HAIRY s. TRUMAN

e ny hAkhx y. TRUMAN
North American Newspaper Alliance. Inc.
I do not think there will be q
war In the Pacific unless Red
China launches 1t and the Soviet
Union abets 1t. 1t is just that
plain. The probing tactics Of the
Chinese Communists over Quemoy
and Matsu are part Of a reckless
campaign TO determine whether
they can get full support from
the Kremlin and whether we will
stand up to their use of force to
take over Quemoy, .Matsu and
Formosa.
The only role of our military
forces in the Formosan Straits is
to prevent any mad adventure
which could set of third world
war. These forces are no threat
to the Chinese people or any
other people. We have no terri
torial ambitions there or else
where.
Until such a time as there is
absolute assurance that the Com
munists have abandoned their aim
of territorial expansion. / cannot
see that we have any other choice
but to meet them and thwart them
at every point where it is necessary.
1t would be folly and danger
Gus for us to abandon Formosa to
the Communists as long as they
are aggression-minded. For that
reason, it is vital to protect For
mosa as an important bastion-
one of number ofesuch strategic
bases the free world depends upon
to safeguard the peace. Formosa
could be the launching point for
Communist assaults on the Phil
ippines, Korea and Japan.
Would Allow ToIks
think that part of the Red
Chinese probing tactics is to en-
gage in talks with us, and would
not discourage any talks they wish
to have. But we have had consid-
cradle experience with the kind of
talks Red Chinese conduct. We
have only to recall the intermina-
bic talks over Korea, which re-
suited m no final solution, and the
protracted ambassadorial negotia-
tons in Geneva over release of
American prisoners. again with no
results.
We should therefore not expect
too much from further talks, vet
we must never lose our patience.
At the same time, we should never
drop our guard against the posi-
bility of sudden maneuvers in
volving direct or indirect agrees
sion such as took place in the
Middle East and has now shifted
to the Far East.
In the present crisis we must
understand that the Soviet Union,
and only the Soviet Union, can
precipitate a third world war.
1t is conceivable, of course, that
Red China can recklesSly start
war and drag the Soviet Union
into it. 1t would not surprise me
that this possibility is causing
Khrushchev considerable worry.
Unless Khrushchev can control
the Chinese Reds to the extent of
curbing their recklessness in the
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-14

commanded my greatest respect
both as a lawyer and legislator.
He has one of the keenest legal
minds in the Senate. But / fear
that the fatigue and WEAKNESS
which overcome the Senate at the
end of each session must have
taken their toll of the Senator
from Wyoming. In his evident
disappointment that H. r. 11477
did not pass, he should not confuse
the fact that it was he, not !. who
misled the Senate in those closing
hours as to the meaning and eff
feet of the highly technical meas
ure which he was sponsoring.
The bill to repeal the holding of
the Supreme Court in the Mallory
case died a well-deserved death
when its proponents tried to rush
q newly-contrived conference re-
port on the measure through both
houses of Congress in the pre-ad-
journment scramble. The closing
hours of any session of Congress
are rarely conducive to effective
and intelligent legislating. Mem
bers are tired and anxious to leave
Washington; some with heavy
campaigns ahead have already left.
The pressure to compromise and
to accept less than adequate meas
ures is especially strong. I am
happy that the Senate refrained
from passing a midnight judgment
on a bill which has such far reach
ing effects upon law enforcement
and civil liberties as H. r. 1l477.
Cites Senate Rules
The Standing Rules of the Sem
ate are pointedly designed to pre-
vent such ill-advised actions.
Section Q of Rule XVII clearly
states:
"ConfereeS shall not insert in
their report matter not commit
ted to them by either House.
nor shall they strike from the
bill matter agreed to by both
Houses. If new matter is in
serted in the report, or if mat
ter which was agreed to by both
Houses is stricken from the bill.
a point of order may be made
against the report, and if the
point of order is sustained, the
report shall be recommitted to
the committee of conference"
Parliamentary rules are always
regarded as technicalities when
they operate to defeat cherished
bill. but they make the difference
between q deliberative body and
a disorganized mob. Certain rules
OF the Senate may not, in the
Judgment of some Senators, repre-
sent the ultimate in desirable pro-
cedure. Yet so long as they are
the Rules of the Senate, they may
legitimately be invoked and must
necessarily be obeyed. Rule XVII,
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-14
By WAYNE MORSE

United States senator tFom OIeson
Tread with interest the article in
the Sunday Star of September 2
by my colleague, Senator Joseph
C. O'Mahoney Of Wyoming. in
which he offered an explanation
Of why H. r. HIATT. the anti-Mal-
lory Rule Bill, failed of passage in
the final minutes of the 85th Con-
gress. I feel that his assessment
Of the reasons why H. r. 11477 was
not enacted are somewhat inaccu-
rate, and ! wish to set the record
straight on this point.
Senator O'Mahoney has always
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-14

become inadmisSible solely because
of reasonable" delay in taking
! an arrested person before a COM
missioner. The Senate measure
Reconstructed the element of pre-
arraignment delay. standing alone,
as bar to the admissibility Of a
confession taken during such
delay. It is my judgment that
this provision in effect contained
the essence of the Mallory Rule
in statutory form. I believe that
the Mallory decision permits rea-
sonable delays between arrest and
arraignment Of an accused, so long
as the delay is not designed to
elicit confession.
For nearly IL hours, the Senate
debated H. r. ll477 with the Sem
ate judiciary Committee amend
ment. An attempt was made to
distinguish what is necessary"
delay between arrest and arraign-
ment. in the phraseology of the
existing Federal Rule, and "rea-
sonable" delay. The attempt to
draw such a distinction was an
exercise in word juggling. The
modified bill merely repeated what
the Supreme Court had said, but
in different language. l opposed
such legislation as being wholly
unnecessary, and possibly even
confusing.
The Conference Action
When the Senate-passed meas
ure went into conference, the con-
ference report attempted, by in
sorting the new matter already
quoted. to eliminate pre-arraign-
ment delay, standing alone, as a
possible bar to the admissibility
of a confession taken during such
delay. In other words, the con-
ference report changed back the
measure from one Incorporating
the Mallory Rule into statutory
form, to one repeating the Mallory
Rule. 1t did so by stating that
delay could be considered in bar
ring the admiSsihility of a con-
fession only when delay became
a factor relating to voluntariness
of the confession. Under the con-
ference report, the sanction which
the Supreme Court erected to en-
force Rule (a) of the Federal
Rules of Criminal Procedure would
disappear.
This highly complicated change
in very complex measure was
dropped in the lap Of the Senate
in the last "a hours of the session.
The addition of the new language
made a new bill out Of H. r. 1l477,
yet the Senate was presented with
the measure for hasty, pre-dawn
discussion Of its merits. It thus
can be seen that Rule XVII of
the Standing Rules of the Senate,
which blocked consideration of
the bill, is not mere technicality
but an important safeguard
against rash action.
Unfortunately, the entire mat
ter of proper arrest and arraign-
ment procedure became entwined
in the 85th Congress with a general
drive to denounce, discredit and
disparage the Supreme Court. The
record contains ample evidence
that much of the drive behind
H. r. 11477 was provided by con-
siderations totally apart from con-
Germ over questions of arrest and
arraignment. Such an emotion
charged atmosphere cannot be ex-
pected to produce legislation of en-
during benefit.
o'Mohoney's Point Answered
Senator OMahoney made some
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-14

Last Sunday in this section The Stor
printed on article BY Senotor o'Mohoney.
Democrat Of Wyoming. on whot hop
pened to the Mallory bill during the
closing hours Of Congress Senator
Morse, Democrat Of Oregon. mentioned
in, Senator o'Mohoney's article. re-
quested spoee for this reply.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-14
Avoiding Red Tope

When American agents go into
a country. the man they go to
is the Interpol representative.
Otherwise, they would be consid-
cred outsiders and have to wend
their way through weeks of red
tape.
1t was through this international
cooperation that American mar
cotics agents followed a path trod
by international gangsters from
Greece to Turkey to Syria to
Lebanon to seize half a ton Of
opium and morphine base grown
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-14

plates and about $4,000 in
counterfeit bills.
A Treasury agent got a tip that
counterfeiters might be operating
from a villa behind Cannes on
the French Riviera. Treasury men
watched the villa for two weeks.
photographed the people coming
and going. An agent thought he
recognized one of them and took
his bunch and photographs to
Interpol. He came back with a
file Of information. photographs
and fingerprints. The Americans
raided the place with Cannes po-
lice and that was the end of that
ring.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-14
oMohOney's Point Answered

Senator O'Mahoney made some
point of the fact that the House
and Senate reports on H. R. HAT
were entitled "Admissibility of Ev-
idence-Statements and Confess
sions." BY this manner he sought
to characterize the bill y one re-
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-10

there's been no damage done
to any Of the paintings or art
objects, that there's been no
deterioration and that every
thing is where it's supposed
to be-"
Miss Benson was on vaca-
ton when the wad Of chew
ing gum was found on a 18th
century painting of a young
man recently, but this is the
sort of thing she looks for.
Though these tricks through
the Gallery are an important
function. Miss Benson con-
siders this one of her side
Jobs" AS assistant registrar,
her primary task is keeping
tab Of every piece Of art that
comes in or goes out Of the
museum. about 1850 pieces
Of art entered or left the Gal
lery between July 1, 1857 and
June 80 this year,
New Works and Old
I'm responsible for the
movement Of art through the
museum in general" she
says. when we get a new
painting. sculpture. print.
drawing or piece of deco
rstive art. or when we get
loan collections or make
loans ourselves. I supervise
the packing and unpacking.
This way / see everything
first"
Much detail goes into the
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-10

she points out. Good abb
stract painting Is concerned
with the same things as any
good painting except that the
subjective Is left out. The
standard Of any good painting
Of any period Is that Il Gre
ates q world Of It's own and IL
meaningful IN It's own terms. :"
Since 1913. she has exhibit
ed her paintings at the Cor
eoran Gallery. the National
Museum. the Baltimore Mu-
scum. the Playhouse Gallery
and the Watkins Gallery.
Miss Benson's love Of art
has also carried over 10 the
domestic. for she lists both
Chinese cooking and sewing
as favortte hobbies.
1--WE been Interested In
Chinese cooking for a long
time and last year took a
course at the YwCA from
Nine. Tan. wife Of Nationalist
China's Minister" she re-
ports. Ever since then. when
I have guests they get Chi
nese food" Her favorite
recipe Is a soup (the name
Of which she can't remem-
ber) that has a stuffed
steamed chicken sitting right
IN the middle"
II also sew most Of my own
clothes. This is more because
! like TO buy materials than
that / like to sew" she adj
mitted.
But Miss Benson's first
love is undoubtedly painting
and paintings. A true test is
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-10

HoIlywoods world-famsd
beauty authority. The new
bangs are not yesterdays
long. thick type which hid
the forehead like q window
shade. but are little thin
fiattering whisps.
These tendrils are 80 sparse
that a damp brush win sweep
them back into the rest OF the
hair when off-face colffures
are wanted. Cut some hairs
slightly shorter than others
for the WHISKY look and 40
they viii brush back more
naturally. Enjoy these new
bangs. but cut them and all
other parts Of your hair so
that many high fashion and
becoming coiffures may be
easily styled and enjoyed,
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-10
CAREER G,el
1853

OF the Picture Of the Week
lectures" she says.
She came TO her present
position In 1855 with the Gal
lery experience. an education
In art and probably most Inn
portant 10 her. with expert
ence as an artist behind her.
Miss Benson began paint
ing In oils shortly after be-
ing graduated as an English
major from Wellesley College
In Massachusetts,. She studied
at American University and
picked up her masters degree
In history Of art at Catholic
University. She also spent a
year and a half In Europe
mainly in England and italy
painting and going through
museums.
A Painter Herself
Miss Benson does abstract
painting which she considers
'fun."
Il have fun playing with
ideas Of shapes and colors."
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-10
SAYS ELIZABETH BENSON
Painting Is Both
Work and Fun

ing the Gallery, for q salary,
for the past three years.
II take at least $50 hikes
through the museum yearly
and ! look at everything on
exhibit-all In half an hour"
she reports. Part Of my job
as assistant registrar for the
Gallery is to make certain
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-10

how abe spends her vaea-
tons.
Last summer and fan !
Travelled 10 Italy. Paris.
Switzerland and Munich 20
look at general and special
works Of art and combined
business and pleasure" she
reports.
Even on short vacations or
week ends. though. she goes
10 New York art galleries.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-10
BY ROBERTA HORNING
star star Writer

Miss Elizabeth Polk Benson
can make q complete round
trip tour Of the National Gal
lery Of Art in 80 minutes.
It's not that she's in q
hurry. She's Just practiced.
Miss Benson has been tour
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-10
Bongs Make
A New Couture

DO not be afraid to cut
bangs for the most popular
couture since the Roaring
Twenties. says Max Factor
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-10

hanging or placing Of an art
object. Miss Benson points
out.
After an art work comes
into the museum and Is
properly unpacked. It's
photographed for the CAL
lery's iiles. she explained.
This is for purposes Of
record.
Then. she went on, it's her
responsibility to see that q
record on the condition Of
the art is written.
II the art comes In ahead
Of time for q planned ex-
hibit, it's placed in a storage
room. II 1t comes In right
before the exhibit. 1t goes
into q closed gallery space
until time for hanging or
placement. The Gallery di-
rector and chief curator viii
have already decided the ex-
act spot Of placement.
Meanwhile the curatorial
department at the Gallery
makes up the descriptive
label usually found next to
the art for the public's
reference.
After installation is COM
pleted, Miss Benson makes
up an installation record"
telling exactly where the OBJ
ject is.
Il have to know Just where
everything is at all times"
she says.
Expert Opinions
Another of her jobs as as
sistant registrar is expert
opinion giving" Miss Benson
says. Last year the registrars
office was called upon to give
45l opinions"
Usually this job consists
Of helping people by answer
ing questions on paintings
they've acquired. / try to
tell them when the work was
done, by whom and where.
We never research the value.
People generally only
bring in one or two paintings
for opinions but recently one
man came in with 49," she
reports.
Another one Of my Jobs
Is acting as a kind of statis-
teal center for the Gallery
staff" she says. I'm re-
sponsible for knowing meas
urements of the paintings and
sculpture and I'm expected to
answer questions about art
from the staff and the
public"
Miss Benson has worked at
the National Gallery on and
on since 1947 doing all sorts
Of Jobs"
'I've worked in the infor-
nation rooms. written labels.
given tours and given some
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-10
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Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-05

women. running from nouse-to-
house with the bomb story. had
caused some people 10 leave
their homes near the palace.
The minister said a total OF
rs persons had been taken into
custody as a result Of last
weeks abortive revolution at
tempt. but that some had been
freed.