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ESTABLISHED 1936
EDWARD A. YUZIUK - EDITOR S PUBLISHER
CAROLYN R. YUZIUK - ASSOCIATE EDITOR
I ARCHIE BALIEW - PHOTOGRAPHER & PRESSMAN
I MBS PATSY BRIGGS - OFFICE MANAGER
PUBLISHED EVERY THURSDAY BY
YANCEY PUBLISHING COMPANY
I SECOND CLASS POSTAGE PAID AT BURNSVELLE,N,C.
THURSDAY, JUNE 18, 1970 NUMBER TWENTY-FIVE
SUBSCRIPTION RATES $3. 00/YEAR
OUT OF COUNTY $5. 00/ YEAR
SENATOR 1
SAM IRVIN
☆ SAYS ☆
7^2 '5 7.
WASHINGTON The several crime control measures be
ing considered by the Congress and the current controversy
over preventive detention provisions contained therein recent
ly caused me to introduce a bill to attack the problems caused
by delayed criminal trials by requiring that persons charged
with offenses against the United States shall have a speedy trial
as guaranteed by the Sixth Amendment.
In introducing the "Speedy Trial Act of 1970," I recognke
that preventive detention, which I abhor, is a reaction to the
steadily worsening ability of our criminal Justice system to
cope with the demands placed upon it in the modem era.
Greater numbers of defendants, greater rates of crime, longer
delays in trial and appeal, assemblyline justice, inadequate
staffing of courts and supporting personnel, and a tragic and
disgraceful corrections system these are among the serious
difficulties which beset our criminal justice system.
In my judgment, however, preventive detention will not
cure the ills besetting our judicial system. What it will do is
paper over the decay of the courts, and hide ills which must
be remedied. It will enable us to operate much as we have
in the past, because the fruits of this crisis will be hidden from
our eyes. Defendants will languish unseen in jails awaiting
trials which will be ever longer in coming if we .continue our
failure to face the true problems and to propose serious means
to solve them. If we adopt preventive detention as the pana
cea, I fear that we will have yet another excuse to ignore the
hard work that must be done to reform our courts. All the
manifestations of our failures delayed trials, the pretrial
crime those delays foster, injustice to citizens, and disrespect
of the law will be hidden from view.
What we must f :e is the fact that our criminal jus tic e
system is breakup ..own. In my judgment, this brealdown is
going to get worse if we institute new repressive devices which
do violence to constitutional principles and which will even
tually burden the rystem even more. Instead, we should do
what is constitutionally required. We must implement the
Sixth Amendment r r ght to a speedy trial—a right thus far de
nied to society a'd he defendant and make that Amend -
meat's guarantee a reality after all these years.
My bill would require each Federal district court to set
trials within 60 days of the date of an indictment or informa
tion. Delays in trail would be permitted only when required
by other proceedings involving the defendant or those absolu
tely necessary for the holding of a fair trial. It would bar de
lays earned by inadequate judicial resources, and it would
strongly discourage procrastination by counsel.
My bill also requires each district court to establish plans
for the implementation of the speedy trial requirements of
the legislation and the Sixth Amendment, and to report to
Congress concerning the funds and personnel needed to im
plement the speedy trial requirements.
Thus, if my bill is adopted, it will require for the first tin*
that the executive and judicial branches make a comprehen -
sive ass ess it" * f their resources and their requirements for
an efficiently unetioning criminal justice system— Congress
can then de nrr ine the resources necessary to achieve a well
run, modem judicial system, one which can effectively per
form its function of punishing and rehabilitating law breakers
and deterring crime.
I have urged the Justice Department and witnesses testify
ing before the Senate Subcommittee on Constitutional
which is conducting hearings on preventive detention, to study
my reform measure in the hope that it vyill lead tp acceptsbfe
solutions for the immense problems which face us in the ad
ministration of criminal justice.
. r | ;■ .—v , t . ■, —
A MAN OF STRONG CONVICTIONS-Part II
On February 20, 1970, prior to being sen
tenced to four years in prison, Robert DePugh
concluded his statement before Judge Collinson
in Federal Court in Kansas City with these
words:
“Os all my family—grandparents, parents,
wife, brother, children, aunts, uncles, cousins,
nephews and nieces—l am the only one that
has ever been convicted of a felony. Criminal
behavior does not run in our family. If I am a
criminal, I must be of a very special kind. My
family knows me well, and of them all, I know
of none that would not be proud to stand here
in my place and accept the sentence of this
court upon their shoulders.
“If I had been tried as a revolutionary, then
I would have pled guilty, for such behavior
does run in our family. Many months before
the Battle of Lexington and Concord, one of
my ancestors was executed by the British for
revolutionary activity.
“Yes, he broke the law —but if he had not
broken the law, this Court would not sit
today.
“It is said of the revolutionary, that while
he still fights he is never shown mercy; if he
wins, he is seldom thanked and if he loses, he
is never forgiven. ’ do not ask for thanks,
forgiveness or mere y.
“I would appreciate justice. But if I am not
given justice, then I will accept injustice, and
I will fashion even that into a weapon to con
tinue the fight for principle, for pride, for
honor. I will never give up.”
Strong men cried as Robert DePugh, Chris
tian patriot and founder of the Minutemen
and the Patriotic Party, was put behind bars.
I met Bob DePugh once. Several years ago
he came by to see me. I thought then, and still
think, that he was a sincere, misguided man
of great courage and love for country. He
was wrong, I think, both in timing and in
method. He thought: (1) the fight against the
Communists had already been lost and that it
was time to go underground and thus, (2) he
resorted to illegal methods such as the storing
of large caches of arms and ammunition. I
have more respect for Bob DePugh than I have
for the great, gutless “silent majority.”
he jj'orum ;
By Marilyn Manion '
NEWS AND A FREE SOCIETY ' W - .
Several months have passed since Vice-
President* Agnew first assailed the “liberal
establishment” news media for telling it like
it isn’t. Many good things have happened as a
result of Mr. Agnew’s continued campaign for
fairness. While most of the liberal papers con
tinue to spout their old line, their readers now
have a more guarded and suspicious eye. And
the television news commentators have begun
to call the enemy in Vietnam “Communists”
instead of simply “the Viet Cong.”
The news is so important to our way of life
that those who disseminate it possess an awe
some responsibility. One man who is aware of
this fact is Arthur H. Motley, the President of
Parade, the Sunday Newspaper Magazine. Mr.
Motley spoke over the Manion Forum radio
network recently. Here are excerpts from his
address:
“Johnson was elected President of the
United States in 1964 by the biggest majority
in the history of the Presidency. And yet, V/z
years later he threw in the towel. Not because
he had an unpopular war—other Presidents
have had unpopular wars. Not because of
crime and violence in the Streets —that has
been endemic in our society from the begin
ning.
“I happen to believe that the real reason
this hero in 1964 retired into obscurity in 1968
was because of the slanting, the control, the
management of news. Too many times the
public was told too many things that weren’t
so. The public came,no longer to believe the
of the United States, and even,-the
hihi^K.rh-eleoiom
“This is the important thing—that news
I may be attacked by the “Liberals” for
defending an “incipient fascist dictator.” But
the main purpose is not to plead DePugh’s
personal case, but rather to pose a few highly
significant questions:
1. Why is a misguided patriot jailed, when
traitors, murderers, anarchists, revolutionists
not only run free but are in many cases em
ployees of our Federal Government?
2. Why do we punish anti-Communists but
not Communists?
3. If DePugh was indeed premature, what
is the best time to go underground?
4. Since “resistance to tyrants is obedience
to God,” at what point does a Christian patriot
refuse to obey the civil authority?
Robert F. Williams, an American-born
Negro, formerly a paid propagandist for Fidel
Castro, later fled to Red China as a fugitive
from America, and flooded our country with
pamphlets urging Negroes not to fight in Viet
nam. If they were sent there, “they should
eliminate as many of their real enemies (white
Americans) as they can at the front, so that
these racists will not be able to return home.’'
Williams has now “returned home.”
James Forman (Black Manifesto) screams:
“We live inside the United States, which is the
most barbaric country in the world, and we
have a chance to help bring the government
down. . . . We say (to all blacks) think in
terms of total control of the U. S. Prepare our
selves to seize State Power.” SDS Chairman,
Mark Rudd, admonishes students: “You’re
fools if you don’t get your guns and join the
Revolution.” Eldridge Cleaver repeats: “.. .we
have to destroy the present power structure in
the U.S.”
“Ki)l Fascist Pig Nixon!” thousands of an
archists and Communists openly scream.
Cleaver, Williams, Rudd, Forman and thou
sands of other traitors are not only roaming
America, but many are also being financed by
government and tax-free American founda
tions. They are free; Robert DePugh is behind
bars. Why?—American Way Features
should flow freely. We should not get upset
about the fact when something appears in the
press with which we do not agree. Rather, we
should make it clear that this is the essential
ingredient—the free flow of news.
“Fortas didn’t fail to become Chief Justice
because he lacked ability or because of what
he did. Others have done far worse. But he
concealed it. And when a free press, doing
what it should be doing—investigative report
ing—turned up the fact that he had accepted
a retainer from a man then servings time in
j il, it destroyed him.
“In my opinion Haynesworth would be sit
ting on the Supreme Court of the United States
today had he understood the importance of
telling all, rather than belatedly coming for
ward with his puny little stock brokerage
transactions which made a man otherwise able
and competent for the job to which he was
nomin ited look bad and lose out.
“Mr. Agnew’s charges were not only timely
and proper, but they are going to prove very
fruitful. I know that in our own case, and in
the case of the 93 newspapers that distribute
Parade, the e has been some serious stock
taking going on, not only among the so-called
liberal establishment newspapers, but among
the newspapers which are Conservative.
“This re-evaluation brought on not merely
by Mr. Agnew’s comments but by the obvious
public support his comments secured, will re
sult in a better press, a more responsible press,
and therefore will give our society a freer,
, ,-pasier ,Aqw pf all the news. And in so doing,
.'lybrieate. a, frMdcietv which
Vby. 'ttsSvery*.nature’jtiwyes bh; diversity and. con
frontation.”—American Way Features