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Tomorrow it is going to be just like it was yesterday in terms of the basic central city crisis.

Inspector SULLIVAN. I think it will change it somewhat. You will have one person coordinating all the law enforcement. I have stayed away from one part of the bill because I do not think it is within my wisdom to pass upon it, but somebody has to say when you are going to bring additional help in like the National Guard. Somebody will have to say when you bring in other additional help, like the armed forces. Of course this lies with the Mayor. When the Mayor in May declared a curfew and he used proper tools, it was quelled and he was dealing with the inner city. I realize in the inner city we have many problems, social welfare and so forth, and these are problems that must be dealt with. But when we are having burnings and lootings and insurrection, and anarchy, or whatever you want to call it, we cannot stand idly by just because this situation exists.

Mr. ADAMS. Nobody mentioned that, and I have not suggested that, and that is why I said we can reach substantial agreement on major areas. I am talking about the fact that people are blaming problems of an entirely different new exploding crisis in a city on a system. I just think when you start trying to say if we put over Chief Layton a man with a different name, the problems he is going to face today and he faced yesterday in the city are not going to change. Therefore it is very questionable as to whether or not, whatever type of name you call it, a change at the top is going to solve the problem. I do not think it should be presented to the people of the city as a solution.

The CHAIRMAN. I dislike to disturb the gentleman, but we are now having a roll call on the floor of the House. We will continue these hearings at a later date. At this time I ask the reporter to insert certain communications in the record.

(The materials referred to follow :)

[Press Release, July 9, 1968]

POLICEMEN'S ASSOCIATION OF THE DISTRICT OF COLUMBIA

WASHINGTON, D.C.

The members of the Policemen's Association of the District of Columbia have demanded that we issue a statement of our position in answer to the outrageous and ill-tempered resolution adopted by the Black United Front calling the execution of Officer Stephen Williams justifiable homicide. Our members are particularly incensed by the fact that the Vice Chairman of the City Council of the District of Columbia, Walter E. Fauntroy, a member of the Black United Front, has not repudiated the resolution.

The resolution was adopted by 150 militants and reached the front page of every newspaper in the City of Washington. It was not only a condemnation of the policeman who lost his life and of the other man who lies critically wounded and paralyzed in the hospital, but it was an effort to condemn the police department and all of its members. No decent law abiding citizen of any ethnic background can condone the execution of a policeman in cold blood while performing his duty as justifiable homicide. Therefore, the least that we can expect is to have a full and forthright repudiation, not only of the resolution but of its intendment. This Reverend Fauntroy has refused to do.

As a matter of fact, Reverend Fauntroy in his statement from the pulpit and to the press in condemning all killings has been critical of the police when they have found it necessary to use their guns in protection of their lives and the lives of others. For the death of Private Stephen Williams, three persons face criminal charges. A resolution such as adopted by the Black United Front and

concurred by Reverend Channing Phillips constitutes undue interference with the administration of justice in the same manner as Mayor Yorty of Los Angeles when he made public statements shortly after the assassination of Senator Robert Kennedy concerning an arrested suspect. This alone was sufficient for Reverend Fauntroy, as a member of the governing body of the District of Columbia, sworn to uphold and enforce the laws, to repudiate not only the resolution but the action of the Black United Front just as Mayor Washington and Public Safety Director Patrick Murphy did. This is the least that can be expected from a responsible official of the District of Columbia.

Moreover, Reverend Fauntroy in his statements has morally condemned the actions of members of our police department who have been compelled to take a life while carrying out their sworn duties. He has stated that such killings is not justifiable. How can a responsible official of the District Government override the decisions of the coronor's jury and the grand jury which in each case heard evidence and under the law made a decision. Or would Reverend Fauntroy, like his militant comrades, have our policemen walk the streets as targets for every discontented rabel rousing militant to shoot at. If this is what he wants, where are we to get recruits?

Therefore, we believe that his serving as Vice Chairman of the District of Columbia City Council and his continued affiliation with some other organizations represents a definite conflict of interest to the overall good and welfare of the city and we request that the President of the United States, the Mayor and oher responsible persons to join with us in immediately calling for the resignation of Reverend Fauntroy from the City Council. We further request that the National Democratic Committee take appropriate action to the remarks made by Reverend Channing Phillips.

Our association has nothing but praise and admiration for our Mayor, the Chief of Police, and our Public Safety Director, in the statements they have made and support they have given us in this ordeal. We are hopeful that prompt action will be taken by the President of the United States with reference to the Vice Chairman, Reverend Fauntroy. We are convinced that the President in his recent message meant what he said: "We must have law and order and make our Nation's Capital a model city."

CAPITOL HILL SOUTHEAST CITIZENS ASSOCIATION, INC.,

Hon. JOHN L. MCMILLAN,

Chairman, House District Committee,

Washington, D.C., July 27, 1968.

U.S. House of Representatives, Washington, D.C.

DEAR MR. MCMILLAN: The Capitol Hill Southeast Citizens Association notes that HR 14430 has recently been before you for hearings. Is it the same as the Broyhill bill? That proposal was to bring the local police under Police Commissioner who will have control of all United States police in the various government buildings as well as those under jurisdiction of the District Building or Government.

Last spring, the organization discussed the Broyhill bill interested in similar legislation, and the Executive Board voted in favor of strengthening the police protection in the Nation's Capital, by placing all five police forces within the District of Columbia under someone connected with Congress such as a Police Commissioner.

At present, the police of the District Government do not have authority or instructions to protect Washington, D.C. Militants are demanding more and more control of the police which definitely endangers the welfare of the residents, taxpayers, and the distinguished foreigners who reside here, while representing foreign countries. Each day, the problems become more serious; the District Gorernment has no authority to protect anyone.

This is the Nation's Capital with the United States Government owning over fifty percent of the land and extremely valuable government buildings. Law and order must prevail, and such a unified police force should consolidate and strengthen enforcement of the Law as well as protect government interests and the citizens of Washington, D.C.

Capitol Hill Southeast Citizens Association members are terrified at the present lack of law enforcement given by the District Police Department.

Sincerely yours,

ELIZABETH DRAPER, Secretary.

ANACOSTIA CITIZENS ASSOCIATION, INC.,
District of Columbia, July 29, 1968.

Hon. U.S. Congressman JOEL T. BROYHILL,
Congress of the United States,
Washington, D.C.

DEAR CONGRESSMAN BROYHILL: I am fully in accord with your comments in reference to the Metropolitan Police Department of the District of Columbia. I do believe that the Police Department should be controlled by the Federal Government as Washington is the Nation's Capital. I have praise and respect for our Chief of Police John B. Layton for his achievements, he should have full control of the police without interference of a Safety Director.

When a policeman makes an arrest, he is on trial instead of the criminal, a criminal is immune from any acts of violence by militant groups. Legislation should be in progress to protect our policemen from being sued by militant groups for justifiable homicide.

Sincerely yours,

CHARLES J. PIPER, President.

The CHAIRMAN. The committee stands adjourned until the call of the Chair.

(Whereupon, at 12:16 o'clock p.m., the committee adjourned.)
(Subsequently the following letters were received for the record :)

POLICEMEN'S ASSOCIATION OF THE DISTRICT OF COLUMBIA,
Washington, D.C., August 1, 1968.

Hon. JOHN L. MOMILLAN,
House of Representatives,
Washington, D.C.

DEAR CONGRESSMAN MCMILLAN: Enclosed herewith is a copy of a statement released to the press by the Policemen's Association of the District of Columbia with reference to the attack by Mr. Bruce Terris of the District of Columbia Democratic Central Committee on Chief John B. Layton and the Metropolitan Police Department.

We respectfully request that this statement be made a part of the hearings on H.R. 14430 and H.R. 14448, bills to establish a Commissioner of Police for the District of Columbia.

Also, I am attaching herewith a copy of the press coverage by Mr. Terris. We believe this attack is further reason for favorable action on H.R. 14430 and H.R. 14448.

Respectfully yours,

JOHN L. SULLIVAN, Chairman, Legislative Committee.

STATEMENT OF EXECUTIVE COMMITTEE OF THE POLICEMEN'S ASSOCIATION OF THE DISTRICT OF COLUMBIA IN RE STATEMENT OF JULY 29, 1968, OF BRUCE TERRIS, CHAIRMAN OF THE DEMOCRATIC CENTRAL COMMITTEE BEFORE SUBCOMMITTEE OF THE CITY COUNCIL

The Executive Committee announces, after consideration of the statement of Mr. Bruce Terris, that Mr. Terris is incorrect in many of his charges and accusations. Mr. Terris' statement appears to be politically inspired and motivated, and many, if not all, of the accusations in regard to the police and in particular to the Chief of Police, John B. Layton, are inaccurate and not founded upon all of the facts.

Without attempting at this time to answer all of the allegations in Mr. Terris' testimony, this Association does feel compelled to take issue with the attack on Chief Layton. Furthermore, this Association deems it necessary to point out that Chief Layton has been responsible for many improvements within and outside of the Department, such as integration of scout cars, promotions of Negro officers to ranking officials, establishment of the Community Relations Unit, and other acts deliberately ignored by Terris and his committee.

Many of the advances made by the Department within the past several months have been advances which have been in the planning and preparation stage for

several years, and are directly attributed to the Police Department under Chief Layton. Chief Layton and Safety Director Patrick V. Murphy have stepped up these new procedures and they, together with the force, are responsible for the adequate handling of the April riots, a fact Mr. Terris is reluctant to admit.

Mr. Terris, by innuendo, charges police misconduct, but nowhere is he specific in his allegations. This Association decries the notion that neighborhood control of the police is a proper course of action. Indeed, it is a license for confusion and inefficiency. The examples cited by Mr. Terris are not valid, since none of the examples involved a quasimilitary organization which a police department is. To advocate a similar type of control over a military establishment would be unheard of, even by Mr. Terris.

[From the Evening Star, Washington, D.C., July 30, 1968]

TERRIS URGES LAYTON OUSTER-DEMOCRAT WANTS BLACK POLICE HEAD

(By Paul Delaney, Star Staff Writer)

The chairman of the District's Democratic Central Committee called yesterday for the ouster of Police Chief John B. Layton and criticized the City Council for failing to try experiments with neighborhood control over police.

The chairman, Bruce Terris, told the public safety committee of the City Council that he was speaking for the entire Central Committee.

Terris said that Chief Layton does not understand the Negro community in Washington. "Every effort should be made to find a black police officer in this or another city who is capable of assuming this important position," he told the committee.

He said that the Black United Front's proposal for community control over police should be tried in two of the city's fourteen police precincts.

Terris said that the Rev. Channing E. Phillips, recently elected Democratie National Committeeman for the District who is a leader of the Front, had approved the Central Committee Statements.

The public safety committee currently is seeking recommendations from the community to be made to the full council on Aug. 6 on police-community relations. Terris spent two hours with the committee.

After yesterday's meeting, councilmen refused to comment on the Democratie proposal. At one point, committee chairman William S. Thompson even refused to acknowledge that Terris had appear before his group.

Thompson promised to make a ruling by tomorrow on whether the press would be admitted to future committee meetings. Everything that has been presented to the committee so far has later been made available to the press.

COUNCIL CRITICIZED

Terris criticized the City Council for failing to institute changes in the police department, which the council is empowered to do.

"First, we must immediately start experiments with neighborhood control over the police." Terris told the committee.

"This is an untried and new idea. It might not work. It might produce far more citizen cooperation with the police and far better control of crimes or it might result in confusion and inefficiency."

"If law enforcement in this city were effective, it could be argued let's not try such bold new ideas, let's not take a chance. But we all know the present methods have been failing miserably for decades, here and all over the country. It is imperative that promising new ideas be tried."

Terris said after the meeting that black control of police in their community might prevent another Cleveland situation, where white policemen were ambushed last week. Three officers died.

"People regard the police as the enemy," he commented.

WANTS A BLACK CHIEF

Regarding Layton, Terris said not only has the chief failed to understand the Negro community, "he has failed in other areas, like how to get a better and more efficient police department and in modern police practices." Terris recommended that a black chief be named to replace Layton, but added that "there are many white officers, even within the department, who would be better than Layton."

Terris accused Layton of resisting reform recommended by crime studies. He went on:

"He has seriously interfered with imposing strict discipline to prevent police misconduct... This city needs a police chief who understands the community, including the black citizens who constitute a majority of its population. It needs a chief who is fully committed to citizen involvement in decisions relating to law enforcement and to maintaining discipline over police officers mistreating the public.

"For these reasons it is essential that Chief Layton be replaced. Every effort should be made to find a black police officer in this or another city who is capable of assuming this important position."

ATTACKS COUNCIL RESTRAINT

Terris said the council's role does not end with the holding of public hearings. He said bold steps are needed in the area of the police.

"For too long the council has failed to exercise leadership in this vital field. Police misconduct goes on and the council has done nothing. Reforms are interfered with and the council has done nothing."

Terris said community control over police would be similar to community control in other areas. He cited community control over the Morgan Elementary School as one example.

The Democrats accepted several other BUF proposals, including a plan to have a citizen-elected board exercise control over police. Terris said such citizen boards would choose the precinct captain from a list submitted by the Civil Service Commission.

The board would also choose patrolmen from those in the department or from civilians meeting department standards; order from the precinct officers guilty of misconduct (the front's plan calls for firing of such officers), and would establish all policies for law enforcement in the neighborhoods, subject only to a vote by the mayor or City Council.

PARTY HAS GREATER DETAIL

The Democratic proposal went into far greater detail than the front's proposal thus representing an expansion of the militants' idea.

The Democrats urged replacing the present system of police trial boards, where police judge their own, with an independent civilian hearing examiner named by the mayor; using the internal investigations unit aggressively to discover police misconduct against private citizens just as it now works to find other kinds of police misconduct; revitalizing the Police Complaint Review Board; publicizing activities of the board, and changing the coroner's inquest to provide a fair procedure for all parties, such as allowing an attorney for the victim's family to present and cross-examine witnesses.

Further, the Democrats recommended that black officers be promoted as soon as possible to deputy chief; black civilians should be brought into the department at high levels; the police-community relations unit should be given real responsibilities instead of being "window-dressing in an effort to pacify the black community", all future police recruits should be required to live within the District; gun regulations should be written to clearly forbid the use of weapons by police except when his life or that of another citizen is immediately threatened or when a suspect has committed a felony and is armed and there is a substantial risk he will cause bodily harm if apprehension is delayed, and use of tear gas should be forbidden during disturbances, except when absolutely necessary.

BLACKS OPPOSE POLICE

Terris cited several statistics to show that police-community relations are deteriorating. He said the District Crime Commission survey two years ago showed that over 80 percent of the Negroes in the city believed over half the police department would have to be replaced to get a good department.

Also, over half thought that District police enjoyed giving people a hard time; 60 percent of the black men believed that police discriminated and half of those believed this included rudeness and brutality; and the National Crime Commission found that 46 percent of the white officers were prejudiced against Negroes.

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