■Ax . '•* Ht/Vwmmik*i*v«, . „ x •_ wkJ RE^ORDf mLsM&f: '9U R N S V U LE ,'NORThJc AROLIN KTABLEHED 1936 ‘ EDWARD A. YUZIUK - EDITOR & PUBLISHER CAROLYN R. YUZIUK - ASSOCIATE EDITOR ARCHE BALLEW - PHOTOGRAPHER & PRESSMAN jerry McGuire - advertising manager MBS PATSY BRIGGS - OFFICE MANAGER PUBLISHED EVERY THURSDAY BY YANCEY PUBLISHING COMPANY SECOND CLASS POSTAGE PAID AT BURNS VILLE.N.C. THURSDAY, FEBURARY 5, 1970 NUMBER SIX SUBSCRIPTION RATES $3.00/YEAR OUT OF COUNTY $5.00/YEAR SENATOR A SAM ERVIN WASHINGTON - The Senate has moved quickly in the new session to pass the omnibus drug abuse control act. Revision of federal drug law is long overdue, and for this reason, I think many of the act's provisions will be helpful in dealing with a most serious national problem. At the same time, I am deeply concerned about the sud - den impulsiveness of the Senate to vote for almost any provi sion which bears the "anti-crime" label. Last week, duriig a three-day debate, I strenuously opposed the insertion of a "no-knock" provision in the drug control bill. R was distres sing to me that in the Senate's eagerness to do something with the drug problem many of its members emulated the e iampfe set by Samson in his blindness when he destroyed the pilla rs upon which the temple of justice rested. The "no-knock" provision of this bill is a horrendous blow to the heart of a free society. This drastic section, in aa otherwise good bill, permits magistrates to allow federal of ficers in drug felony cases to break into a house without block ing if they can persuade the magistrate that an announcenent of their presence would allow the evidence to be destroyed. At first blush, without examining what this does to a free society, many would say "so be it". The trouble with this approach is that it ignores one of the basic adages of our law that "every man's home is his castle". Under this 300 -year -old English common law principle, an officer of the law has no right to enter a man's house even with a search warrant un less he first notifies the occupant of his presence, his purpse, his authority to search the premises, and asks that he be ad - mitted. The Senate action thus uproots a cherished precedent of individual rights. The bad thing about the "no-knock" solution is that it not only permits federal officers to break into people's louses like a burglar, hit it tends to bring the law into disrepute and en dangers the lives of the officers. Under the law .of every state in the union, a man has a right to resist illegal entry into his home, and if he thinks an entry is illegal, he has a right to resist it to the utmost. This raises a practical question: Who will condemn a man who picks up a gun to defend his home against an unknown intruder who smashes down his door and later turns out to be an officer of the law? True, this section of the bill is directed coward a grave problem - keeping drug pushers and addicts from destroying evidence before it can be seized with a search warrant. Pub lic feeling is running high on this issue, and it is said tint the national urgency to do something to prevent drug abuse justi fies almost any remedy. On this point, I have repeatedly urged that we take sensible steps to control unme and drug abuse without delay. Yet, Ido not think we ought to destroy a free society and institute the methods of a police state on the plea that good intentions justify the passage of a bad law. I hope that the House will review this problem thoroughly and remedy the eiror which the Senate made in respect to the no-knock" section of the bill. An Alarming Statistic Military men who support S en. Barry Goldwater's call for a resumption of the d North Vietnam cite this alarm* ing statistic! North Vietnam® convoys moving along the Ho Chi Minh trail have increased eightfold since October. In the early fall, reconnaisance pfcmei spotted 250 trucks a week mov ing south, but that has increa> ed steadily to a figure of 2,000 This is more trucks than were spotted during the same period in 1967 when the build-up for the 1968 Lunar New Year Of fensive took place. -Human Events Where Will The Secrecy End? Closed Courtroom Against American Tradition The secret inquest at Edjpr town, Massachusetts, to deter mine whether Senator Edward Kennedy incurred criminal lia bility in the drowning of Mary Jo Kopechne, has mocked the Anglo-Saxon jurisprudence and affronted the American peoples The inquest has ended,but not a word of the official testimo ny may be released to the pub lic until some undeterm i n e d future time. Senator attorneys sought the secrecy. The Massachusetts Supreme Court decreed it on the tenuous theo ry that publicity might preju - dice a fair trial in the e v ent criminal charges are filed at a later date. The closed courtroom at RF gartown was a dramatic exam ple of shifting attitudes that challenge traditional American legal concepts. Lawyers and judges increasingly have come to sanction courtroom secrecy because of exaggerated fears that public information and fair trial are incompatible... Whether intended or not, such a doctrine impugns the jury sys tem and imputes omniscience to judges. If jurors,v\ho swear to be guided only by evidence presented in court, are not to be trusted, then who is? Are judges alone to be trusted? Aid once the time-honored tradi - tion of open court has been compromised, where-will the secrecy end? What will pre vent the fair-trial pretext from shielding dishonest or incom - petent judges? The world wants to know what v.ent on at EdgartownHin 'Faith And Bejabbars’ Ireland has just instituted a breath-test law that sets a ma ximum of one hundred milli grams of alcohol content per one milligrams of blood before a driver is declared intoxicat ed. This is 56% higher than the eighty milligram level just across the sea in Britain. Sure and it's said the rea - son is the different driving and traffic conditions in the two countries. But faith and be - jabbers, any son of Erin can tell you it's merely logical re cognition of a fundamental dif ference in capacity between young average Irishmen and those puny Englishmen. -Hemet (Calif) News Stay Out! Attention All Peace March ers: Hippies, Yippies, Beat niks, Peaceniks, Yellow- Bel lies, Traitors, Commies and Their Agents And Dupes Help Keep Our City Clean... Just By Staying Out Os It! -Manchester Union Leader dreds of newsmen were assign ed to report any scrap of infor mation. After tramping around in the snow outside the closed courtroom all day, they had no alternative but to file un - substantiated reports. In the absence of fact, rumor often became robed in respectability, even creditility. Edgart own was a case study of how dama ging courtroom secrecy cam be, Neither justice nor Senator Km nedy was served by events thoe And the advantage that Senator Kennedy and his attorney was seeking proved illusory, if not self-defeating. THE CURIOUS CASE Ejg-ll OF THE DRY LICENSE Sj ■■■Ml JOHN J. SYNONm If the truth about the Chappa quiddick-Bridge incident ever sees the light of day I suspect we will have a single newspaper to thank: The Manchester (N.H.) Union Leader. A person will recall it was this newspaper’s chief investigative reporter, Arthur Egan, who broke the story of the 17 tele phone calls charged to Ted Kennedy’s credit card the night the Kopechne girl drowned. Now Egan has done it again. And that you don’t know of The Curious Case L>ry License is the best evidence of the truth in the common charge that our mass media alters and suppresses the news: The Associated Press hasn’t run a word of it. It is also the best evidence of how “alone” a single newspaper can be in trying to live up to its slogan: “There is nothing so powerful as truth”. Let’s recap: On July 25, last, Senator Edward Kennedy told a nation wide TV audience his version of the mournful event. First, he said, he struggled to escape from his car, sunk in nine feet of water. Having freed himself, he went and got two lawyer friends, came back to the sunken wreck and dived time and time again in a futile effort to free the trapped girl. Then, he told his enraptured audience, he “impulsively swam” across the channel waters to the other side, over 500 feet to Edgartown, “nearly drowning”, then went to his hotel room. To hear him tell it, he left the two lawyers standing on the bank; presumably, they didn’t even get their feet wet. believe that story? (It is one of two he has told. The other was a variation on this theme, given in writing to Edgar town Police Chief Arena). Is that what really happened, is that the truth - either story or is United States Senator Edward M. Kennedy the blackest liar in American history? ***** Seeking an answer to those questions, Union Leader Reporter Egan telephoned Massachusetts Registrar of Motor Vehicles Richard McLaughlin. Reporter Egan had word, it seems, there was something fishy about Ted Kennedy’s driver’s li cense and knowing the license was in the possession of the Reg- ‘ istrar, Egan phoned the Bay State politician and put the pump on him. Kennedy’s license, Egan had been told, is of the “old” type, that is, of pasteboard and therc- Closing the courtroom in America is not an event to be taken lightly; once firmly clo sed, the door will not reopen. One is reminded that a signi - ficant milestone in Angl o- Saxon liberty was the abolition of star chamber proceedings in 1641 - the climax of a pro - tracted struggle between the king and the people. And be cause truth, the guardian and guarantor of liberty, cannot long dwell in secrecy, the open courtroom is too basic fcr Anglo-Sax on jurisprudence to be compromised. -Richmond News Leader fore subject to disfigurement up on submersion in salt water. Egan went into this and drew from McLaughlin the admission that Kennedy’s license “does not ap pear ever to have been immersed in water”. Egan wrote his “dry license” story, the Union Leader pub lished it, and the earth, silently, began to rock. The UPI, doing a follow up, contacted Registrar McLaughlin: What about it? McLaughlin denied, out of hand, he had talked with Re porter Egan and said, “I don’t believe anyone else did who would have access to the license”. Well; you don’t give the lie to Union Leader reporters without challenge. Bill Loeb, the newspaper’s publisher, had his lawyers request of the New England Telephone Company its records as they re lated to phone calls placed by his paper. The routine request, curiously, was denied and it took a threat of court action on Loeb’s part to bring the telephone com pany to taw. Parenthetically, one of Ted Kennedy’s lawyers in this case is also a member of the board of AT&T, parent company of the New England outfit. In a formal letter, the company even tually admitted that the calls Egan claimed to have made had been placed and had been com pleted; Egan to McLaughlin. ***** All of public interest, wouldn’t you say? The AP doesn’t seem to think so. It suppressed the story; it hasn’t run a line about the “dry license”. Union Leader Editor-in-Chief Bill McQuaid put the question to Jack Simms, Boston AP Bureau manager. Simms told McQuaid he, Simms, had suppressed the story on orders from the AP cen tral desk in New York. It is possible, of course, that Kennedy didn’t have his driver’s license with him that fateful night, though no charge of driving without a license is known to have been brought against the senator. And it is possible the sun will rise in the west. I would say that possibility -a west-rising sun - is even more possible than that the AP will report the news, as is, or that the man Kennedy will volunteer the truth about that poor girl’s death. In any event, you may lay to it, the Union Leader , through its man, Richard Egan, will keep > digging and perhaps, one day, and despite closed inquest doors, just maybe ~,.,

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