davidaulloa/AmericanStories huggingface dataset:
Evening star., 1961-03-12

appellate court really meant what
it said in the 1857 decision, that
a judge Ought to explain - not
just state by rote but explain
the applicable rules Of law" then
some District Court Judge should
go beyond the product disease"
test and explain to a jury that
a mans capacity to control his
conduct is also basic in deter
mining his criminal RESPONSE
bility.
In Judge Burgers view the
court in its previous opinions has
said enough to justify a District
Court Judge in taking this step.
But District Court judges, who
have seen decisions overturned
because Of a single phrase in a
charge to jury, may be loath to
accept Judge Burgers open bid for
a test case.
So where do we go from here?
Three judges have said the
Durham rule" as it now stands
must 60. It is possible that the
weight Of evidence they have
brought to bear through Judge
Burgers long study may convince
enough of their colleagues to give
a new look to the insanity defense.
Low Enforcement Council
The other alternative is legisla-
tion. United States Attorney
Oliver Gasch, as chairman Of the
District Council on Law Enforce
ment, has just distributed a report
to council members calling atten-
ton to increasingly successful use
Of the Durham rule" on the one
hand and Judge Burgers opinion
on the other. Mr.. Gasch favors
legislation Of the type introduced
three years ago by Representative
Davis, Democrat Of Georgia. This
would spell out that a mans
capacity to appreciate that his
conduct was wrong or his capacity
to conform his conduct to the right
are basic measures Of criminal
responsibility.
1T should be noted in passing"
Mr.. Gasch told his colleagues,
that inability to control ones
illegal conduct Is an essential part
Of insanity as defense in
criminal cases in all other Federal
circuits and in all the States and
in all the English-speaking coun-
tries"
The only exception, he said. is
the District Of Columbia.
With the possibility Of a request
for legislative action just around
the corner, the Senate District
Committee staff is preparing an
advisory memo for Committee
Chairman Bible. The memo will
explDre how the Durham rule" as
1t has wended it's way through 70
decisions haS affected law enforce
ment and administration of
justice in District.
Evening star., 1961-03-12
Thoughts
OF the Week

"The Algerians must realize
that in this task they need to dis
tinguish between the secondary
and the essential, and that within
the limits Of the possible, they
must help Gen. de Gaulle to win
the battle over the still-numerous
elements that oppose peace. :"
President Habib BOurguiba,
commenting on the French AL
gerian peace talks.
-
"The Congolese must seize their
opportunities now. In three years
or so the world will be forgetting
about the Congo. "A Haitian
doctor in LeopoIdvilIe, quoted in
the Manchester Guardian Weekly.
4 = 4 \
80, I think along with the old
saying about Don't take down the
fence until you know why it was
put up" President Kennedy
at his pre- conference. A
Evening star., 1961-03-12
Housing:
A Real Boost

President Kennedy on Thurs
day sent to Congress his recon-
mendatiOnS for . vast new
program to revitaIize cities, help
provide new housing for low
and moderate income families
and buttress the depressed
building industry.
It may be difficult for some to
believe that in this land Of the
highest living standard, IA million
families live in substandard or
deteriorating. .
Yet tour of nearly any Ameri-
can city would reveal slums or
conditions Of blight which might
dispel any inclination to dispute
the above figure-one used by Mr..
Kennedy in recommending wide
congressional action in the hous-
ing-urban renewal area.
When. in addition. the Presi-
dent says the Nations population
will rise to 235 million in 1875
and to 800 million by the year
1000; when he points out that
the housing industry, one Of the
largest employers Of labor, Is sick,
then the argument for some Fed
eral action becomes highly con-
vincing.
Mr.. Kennedy would, among
other things, subsidize the build
ing Of 100000 low-rent units for
families with very low incomes;
broaden the program Of no-down-
payment, 40-year mortgages in
sured by the FILA, provide $2.5
billion in urban renewal grant
authorizations and double the di-
rect loan authorization for hous-
ing for the elderly to 500 million.
Whether Congress will agree
with these recommendations Is
another matter. The Presidents
plan undoubtedly will be expen-
sive. although he did not estimate
its ultimate cost.
This matter Of expense Ger
Evening star., 1961-03-12
Continued From Page B.

Continued From Page B-1
year. The A-3 model, with a range
of 1850 miles. is being acceler-
ated and is expected to be at sea
in mid-l964.
The A-3 will enable its nu-
ear-submarine launching base
to operate in a deep ocean area
four times greater than that pos
sible with the A-1-and still reach
the same vital enemy targets with
hydrogen warheadS.
But while the Navy'S rocket pro-
gressed in development, Mr.. Nc
Namara has repeatedly reversed
former Defense Secretary Gates
ruling which authorized the en-
placement Of PolariS aboard the
nuclear powered cruiser, Long
Beach.
Evening star., 1961-03-12
Some Progress

Meanwhile, the Negro made
progress in another area when an
agreement was reached in At
lanta, a citadel of the Deep
South, providing for a truce in
sit-in demonstrations in return
for a pledge on the part Of major
store owners that lunch-counterS
would be open to colored persons
when school desegregation begins
next fall.
This rather sweeping advance
agreement follows the break In
the color line at Georgia Univer-
sity. which admitted two Negro
students a few months ago.
The first attempt by the Negro
to gain Supreme Court backing
for the sit-in technique was a
failure, however. The high court
simply refused to hear an appeal
from a Florida court decision con-
victing IL lunchroom demonstra-
tors, giving no reason. The ap-
pellants, however, had not ex-
hausted their State remedies.
The courts attitude toward
sit-inS thus must await other
cases. One now before it in
wolves II Louisiana Negroes who
have taken their case all the way
through the State court system.
On another front, the Arlington
School Board announced that,
for the first time, it intended to
grant $50 or so Negro children the
choice of attending white or
colored schools next fall.
Evening star., 1961-03-12
Continued From Page B-l

Continued From Page B-1
has made Laos q cockpit of the
cold war.
In Pnompenh, capital Of neigh
boring Cambodia, Prince Souvan-
ma and Gen. NoSavan on Friday
took what might be q long step
forward toward peace and stabil-
ity. The general, representing the
United States-supported Vientiane
government Of Premier Boun Gum,
agreed to accept policy Of "strict
neutrality" and an end to foreign
Intervention.
Further talks are planned this
week in the Cambodian capital,
but Gen. Nosavan hailed last
weeks accord as 20 great sue
cess" The plan is based on King
Savang VathanaRs suggestion that
neutrality in Laos be guaranteed
by q three-nation commission
consisting of BuTna, Malaga and
Cambodia. The qofnmission would
undertake to prevent any foreign
Evening star., 1961-03-12

opinion. Significantly. although
his opinion obviously was circu-
lated to all his colleagues, the au-
thor Of the Durham rule"-Judge
David L. Bazelon-did not write
a rebuttal. Judge Henry w.
Edgerton who wrote the major
ity opinion commented only that
I'VE think the present case does
not present a useful context for
further discussion of these mat
ters." And Judge Charles Fahy
limited his remarks to disagree
ing with Judge Burgers interpre-
tation Of one earlier case, saying
he was not going into "other areas
of disagreement with by Brother
Burgers opinion"
What is the Durham rule"
and why do three judges say it
must go?
The Durham rule" is the Dis
trict's test of whether the accused
should be hospitalized or jailed
for his acts. Under the Durham
rule" an accused is not crimi-
nally responsible If his unlawful
act was the product Of a mental
disease or mental defect.
Judge Burger objects as much
to what is left out as to what is
put in that definition. And his
objections are not lightly taken.
In his 81 pages, he has marshalled
the weight Of psychiatric opinion,
legal treatises on the subject and
some pointed comments from the
judiciary.
These are typical:
From Federal Judge Learned
Hand, one Of the most highly
respected jurists in the country:
II have read the Durham) opin-
ion but, frankly, 1t did not
seem to me to give us any guild
ance that perceptibly would help"
From DR.. Charles Savage, writ
ing in the American Journal Of
Psychiatry: Though widely her.
aided as bringing legal psychiatry
more in line with modern psy-
chology, 1t (the Durham rule) ac-
tually does no such thing. It is a
peculiar mixture Of AriStotelean
faculty psychology, metaphysics,
mysticism and medieval theol-
ogy. It is indeed vague par
ticularly in the matter Of the
first test of responsibility; that of
mental illness. There are very few
people who could not qualify
under this test :"
The Expanding Mind
Judge Burger views the Durham
rule as "a wrong step in the right
direction" It was the right di-
rection, he wrote, to try to open
the jury's inquiry to include the
expanding knowledge Of the hui
man mind and personality.
But, he went on, 1t was a wrong
step because ut tends to treat un-
supported and dubious phychiat-
ric theory as scientific knowledge. "
He called it IAN example of exer-
cistrg judicial power beyond judi
cial comprehension in an area
Evening star., 1961-03-12

the Presbyterian Church, USA,
and the United Presbyterian
Church Of North America merged
at Pittsburgh to form the 3.2-mil-
lion member United Presbyterian
Church. USA. The first step
towards this union was taken in
1887.
When the nearly 1-million mem
ber Presbyterian Church, United
States (Southern) is added to the
United Church, 1t can readily be
seen that the overwhelming Pres
byterian Church membership lies
in these two bodies. The compare
lively small number Of other Pres
byterians are in eight denomina-
tions, among them being the Bible
Presbyterian Church, Orthodox
Presbyterian Church and Cumber-
land Presbyterian Church.
The mergers cited were among
churches having similar theologi-
cal backgrounds and church gov
ernment. In 1857 the General
Council Of the Congregational
Christian Churches and the Evan
gelical and Reformed Church
brought into being the United
Church Of Christ. This was a
distinct step across theological
and church government lines.
The former, congregational in
government, looks back to the
English Reformation while the
latter, synodical in structure,
traces its origins to the Cont
mental Reformation.
Initial steps toward the merger
came in 1910. The constitution Of
the United Church Of Christ is to
be ratified in July at Philadelphia,
but there are some Congregational
Churches still bitterly opposed to
the union. incidentally, the
Evangelical and Reformed Church
represents a union in 1894 Of the
Reformed Church in the United
States, and the Evangelical Synod
Of North America.
Another union soon to take ef-
feet Is that Of the American Uni
tartan Association and the Uni
versalist Church Of America. This
May in Boston they will form the
Unitarian UniverSalist Association
with approximately 100000 mem
bers.
DR.. Blake's proposal drew a
favorable reaction from an un-
expected source. DR.. ]. MarSe
Evening star., 1961-03-12

century have reached an all-time
peak. More are in prospect and
as they succeed the number Of
Protestant denominations will de-
crease.
Let us take the Lutheran
churches as an outstanding in
stance of how mergers have dras-
tically reduced numerous small de-
nominations into a few big ones.
One hundreds years ago there were
IS different Lutheran churches in
the United States, separated
mainly by language and national
Evening star., 1961-03-12

tainly will be a major one for
Congress to consider. Programs
previously submitted by Mr.. Ken
nedy. and others to come, includ-
ing reported 50 to So billion in
crease for defense, means either
deficit spending or increased
taxes or both.
Evening star., 1961-03-12

origin differences. The years have
largely done away with these
barriers.
BY 1862 these IS denominations
will be whitfield down to II, with
the bulk Of the approximately
million American Lutherans found
in three churches - Lutheran
Church in America, 3.2 million
members; Lutheran Church-MiS
SOUR Synod, 2.3 million members,
and the American Lutheran
Church, 2,250,00 members.
The last named was established
Evening star., 1961-03-12

in April, 1860, through merger Of
the Evangelical. American and
United Evangelical Lutheran
Churches into The American Lu-
theran Church. The Lutheran
Church in America will be formed
in June, 1862, by union Of the
Augustana, American Evangelical,
United Lutheran Churches and the
Suomi Synod diminish Evangelical
Lutheran church,.
Three years ago the bulk Of
Presbyterians in our country were
brought into a single body' when
Evening star., 1961-03-12
BY CASPAR NAMES
Star Staff Writer

Future historians will probably
characterize the goth century in
America as period Of world wars,
space discoveries, televiSion pro-
grams and racial disturbances.
, In church history it will be re-
membered also as "the century Of
church unions"
This aspect was highlighted as
1860 drew to a close when noted
Protestant leader advanced plan
to merge the 3.1-million member
United Presbyterian Church, the
3-million member Protestant EpiS-
copal Church, the 10-million mem
Der Methodist Church and the 1.2-
million member United Church Of
Christ into one denomination.
Few close observers Of the Amer
ican church scene expect the pro-
posal by DR.. Eugene Carson Blake,
stated clerk Of the United Presby-
terian Church, to achieve reality
in this century. But the mere
fact DR.. Blake could suggest such
a step indicates how far we have
come along this path in recent
years.
DR.. Blake, whose plan was en-
Enthusiastically backed by the Right
Rev. James A. Pike, Episcopal
Bishop of California, somewhat
modified his first explosive pro-
posal by cautioning that at least
10 years would elapse before such
a union could be realized.
Mergers Toke Time
The history Of Protestant church
mergers in the United States in
dicates even this is O most san
guine estimate. The Methodist
Church, the Methodist Protestant
Church and the Methodist Epis-
copal Church, South, required
nearly 10 years to get united in
the present Methodist Church.
Other church unions have pro-
ceeded at similar molaSses-like
pace. Those that have taken place
occurred after long, careful and
time consuming deliberations.
There is little reason to believe
this procedure will be changed.
While this has to be said, the
fact remains that church mergers
in our country during the goth
Evening star., 1961-08-06

CLASS c (cOlORl: Storm Approaching" by SolN K
Sheehon 1854 Columbia rood NV. q Scenes ond Tube-
tops" entry. the $40 Snapshot OF The Week.
Evening star., 1961-08-06
Winning Snapshots

at the conclusion of the contest. There will be
four awards of 500 U. S. Savings Bonds in the
color classes and four awards of $25 Bonds in
black and white. The honorable mention win
ners will compete for these prizes on an equal
basis with the weekly winners. The eight grand
prize winners will be entered in the 23d annual
Newspaper National Awards, where total of
$29 $50 in cash prizes will be distributed.
PRESTON ROAD ALEXANDRIA, CLASS b; T. c. JOHN
r. MIR. JOHNSON: CLASS D. MRS ALTIiEA A. TENNEY.
RECT, ARLINGTON.
Evening star., 1961-08-06

CLASS D: Horse CoIIor." by
Oorotheo S. MicheImon, 1881
South Twenty-eighth street,
Arlington. is the IS winner in
"Animol Life"
Evening star., 1961-08-06

TIME 35-millimeter color transparency re-
Il produced above is the $40 Snapshot of
the Week in the third week of The Stars 1861
Amateur Snapshot Contest. The S. winners
black-and white photos. The deadline for en-
tries has passed. but SUNDAY, The Star Maga-
zine, will publish the remaining seven weeks
winners through September "a. The weekly
winners will be considered for grand prizes
SON, 5O24 WILLIAMSBURG ROAD, ARLINGTON; CLASS
2OOI NORTH MAD
The Catholic times. [volume] (Columbus, Ohio) 1951-current, 1961-08-11
Takes Vows
At Carmel

Sister Bernadette of the
Immaculate will pronounce
Solemn vows of a diScalced
Carmelite at ceremonies at
$50 am, today. Bishop Issen-
mann will confer the black
veil.
THE FORMER ARLENE
HoRvATH, daughter of Mr..
and Mrs. Joseph M. Horvath,
Jr., River Rogue, Mich, was
graduated from Our Lady of
Lourdes High there in 1854.
Following the yelling cere.
mony, FIR. Thomas ESper, st.
Gertrude Parish, st. Clair
Shores, Mich, will be the
celebrant of a Solemn Mass.
The public is invited to at
tend.
SR. ADJ of the
Immaculate may be visited at
the parlor grille by relatives
and friends following the cere-
mony and on Saturday and
Sunday from 8 until IL am,
ard 8 until 6 pm.
The Catholic times. [volume] (Columbus, Ohio) 1951-current, 1961-08-11
Set Vocation
Day, Sunday
AT St. Charles

The second summer voca-
ton day will be held at the
Diocesan Seminary of St.
Charles, 2010 E. Broad ST.,
this Sunday, beginning at 4
pm. and ending around 8
pm.
THE DAY is OPEN to all
young men who are consid-
ering the Diocesan priesthood
as a vocation. Those who will
soon be enrolled in high
school, or who are now at
tending high school, or who
have recently graduated from
high school may attend the
program.
THOSE WHO WOULD like
to attend are asked to notify
their pastor as soon as pos
sible. Supper will be served
at the College.
The Catholic times. [volume] (Columbus, Ohio) 1951-current, 1961-08-11

Why is the question of
Federal aid to elementary
and secondary schools of
such widespread interest
and why has it provoked
such controversy throughout
the nation?
1t is of universal interest
because it affects the educa-
ton of all our children. 1t
has stirred nationwide contro-
versy because it is a revolu-
tionary proposal and repres-
ents a radical departure from
the century-old tradition of
purely state support of gram
mar and high schools.
is THE ISSUE fundamen-
tally a religious one?
No. 1t involves no dogma of
The Catholic times. [volume] (Columbus, Ohio) 1951-current, 1961-08-11
Card. van ROey,
Reds, Nazis Foe,
Dies At 81

BRUSSELS-Requiem Mass
has been offered here for Jo-
zef Cardinal van Roey, who
defied the nazis, battled the
com m and brought
school peace to his nation
after more than a century of
Church-State strife.
The Archbishop of Malines
died Aug. g. at the age of 81.
Long a victim of a circulatory
ailment, he took a turn for
the worse and received Ex-
treme Unction the day before
his death.
BELGlUM'S KING Bauduo-
in and Queen Fabiola, whom
the Cardinal married last De-
cember, were out of the coun-
try when he died. They were
expected to return for his fu-
neral. Also due to return for
the funeral was Belgian Pre-
mier Theo Lefevre.
After the Requim Mass in
st. Rombaut's cathedral, pre-
sided over by Archbishop
Efrem Forni, Apostolic Nun
clio to Belgium, the cardinal
was buried in the cathedral's
crypt.
Cardinal van Roey was the
third member of the College
of Cardinals to die within
eight days. Domenico Cardi-
nal Tardini died on July 80
and Nicola Cardinal Canal
died on Aug. 3. Their deaths
reduce membership in the
Sacred College to 81.
Cat his summer residence
in Castelgandolfo, Italy, His
Holiness Pope John XIII
went to his private chapel to
pray as soon as he was told of
Cardinal van Roey's death.
The Pope offered his Aug. 7
Mass for the repose of the
Cardinals soul,)
The Catholic times. [volume] (Columbus, Ohio) 1951-current, 1961-08-11
LEGISLATION ALONE NOT ENOUGH:
Lay Councils Ask Positive
Attitude Toward Movies

Legislation alone can
not improve the movie
output, the Columbus Di-
oceSan councils of Cath
Ole Men and Women said
this week in a joint state
ment Released by Lawrence
Lorms and Mrs. George De
Nucci, Diocesan presidents.
COMMENTING ON propos-
ed ordinances before Column
bus city council which would
introduce censorship of NOV
les the organizations challe.
ed chose who guide the out.
put of motion pictures to
direct their efforts and excel
The Catholic times. [volume] (Columbus, Ohio) 1951-current, 1961-08-11
Let's Not Get In Other
Over Observation-Disclosures

Meanwhile, he said, the
Soviet Union has several
thousand young students
from Ghana enrolled as uni
versity students for three
years.
Bringing these to the Uni
ted States, or better still to
some well-organized univer-
sity in Western Europe,
would have cost a fraction
of what the first fumbling
experiment in moon travel
WILL" he said.
The Ghanians in Russia,
he said, will return to their
homeland with communism
on their lips" adding that
while we are still half way
to the moon, there may be
a lot of the wrong kind of
people, from our point of
view, in Ghana."
The Catholic times. [volume] (Columbus, Ohio) 1951-current, 1961-08-11
@$1sES};slss
0]'NS511fF G~tv5s,o.
10 "USFxoN
ohIoN
CT
BKOIHERs INSTRUCT HANDICAP.
This School Needs Students!!

the Brother Martin Home,
where the school is located.
"ouR SCHOOL is TUITION
free-all that must be provid-
ed for the student is trans
portation and lunch. We only
accept 20 students because we
feel that with this limited
number we can give the need
ed attention to each boy"
Four Brothers have been as
signed to the school, all pro-
feSsional men, for a student
teacher ratio of five to one.
ION FIRST GLANCE, this
seems rather low, but those
boys are not average students
they need much more help
and the teacher needs a super
abundance of pa thence"
Brother Michael reminds.
Although no other school in
the area offers this same OPP
notwithstanding boys and
The Catholic times. [volume] (Columbus, Ohio) 1951-current, 1961-08-11

NOTRE DAME, Ind, (NC)
An educator was critical
here of Americas fearful
dither" about getting to the
moon. He said it would be
better to spend US. money
on foreign students.
DR.. George N. ShuSter,
former president Of Hunter
College, New York, and now
on the Notre Dame Univer-
sity staff, spoke to about 800
Notre Dame summer gradu-
ates.
1--WE have gotten into a
fearful dither about getting
to the moon before anyone
else does" he said. This is
not because it would be ANU
sing or even instructive to
think that landing on the
moon would be good propa-
ganda."
The Catholic times. [volume] (Columbus, Ohio) 1951-current, 1961-08-11

and news publications that
are beneficial to our commun-
ity and consequently will in-
crease the moral fiber and
strength of our society"
The Councils also empha-
sized the need of personal re-
sponsibility especially Of par
ents. ito follow a moral code
in keeping with a Christian
society and support only at
fractions of a high moral and
artistic value
PAR RENTS MUST guide
their children in the selec-
tion of all entertainment,
books, movies, television and
periodicals, the Council noted,
and must:
be conscious of the
fact that this present situa.
ton is critical and that it is
their duty to become inform
ed regarding acceptability of
movies by consulting various
publicatio ions that classify
them"
1T is the duty of all par
ents,' the Council said, in
guiding and counselling their
youth to abide by Gods moral
laws and see to it that their
youth are given wholesome
entertainment"
"AS CITIZENS interested nj
the good of our community
and the moral fiber and
strength of our society, we
must strongly advocate the
elimination of obscenity, i'm
morality and violence in any
form"
1t is our duty to in
form ourselves regarding all
matters that will corrupt our
society. If we cannot receive
assistance from producers and
publishers we must refuse
them patronage.
Pointing to the newspapers,
the statement said that:
"NEWSPAPERS DO NOT
need the money derived from
advertising that warps the
minds of our youth. These
ads should be tempered or re-
fused"
COLUMBUS CITY Council
is considering legislation but
supporters of better enter
tainment have pointed out
that this would only be at
most a partial solution since
many of the theatres, includ-
ing most of the drive-ins, are
not in the city limits.