fair to describe it that way-more restrictive upon the police than the law in most States and perhaps all other States. And there was a negative reaction to that change.

That law has now moved back somewhat to where it was previously.

Mr. WHITENER. Which gives the citizen a greater right to protect his property and himself without accountability to the criminal courts, doesn't it?

Mr. MURPHY. Yes.

Mr. WHITENER. Well, I have a copy of that law in my office. If you haven't seen it, I would be glad for you to have a copy of it. Let me ask you this question: what would be your comment about this statement, which I will read to you?

Contemporariness says that police leniency during mass riots and destruction in the city saves lives and keeps communication open between authority and protestors. History says ponder this carefully, because if the leniency leads to even greater riots, far more lives will be lost in the end, the communication will cease altogether, and authority will be forced to use the iron hand. History is pretty certain that any given community will prefer tyranny to anarchy if it comes to that choice, because in a state of anarchy, everyone is helpless.

What would be your comment on that thesis?

Mr. MURPHY. I really would like to take more time to think about it, Congressman.

Mr. WHITENER. Well, he is saying that if you enforce the law laxly at the outset of the disturbances that you are likely to have more disturbances and more lives lost in the end, and that the public may well be forced to decide between tyranny and anarchy, and they will always go to the side of tyranny because in anarchy everybody is helpless.

Mr. MURPHY. I would like to say this: I am opposed to laxity in the enforcement of law, and disorders otherwise.

Mr. WHITENER. Well, was the statement in the Washington Post of Friday, April 5th, an acurate statement when it said this:

"Police initially stayed clear of the immediate area, following Public Safety Director Patrick V. Murphy's 'on the street' order, 'Keep cool and pull away from any imminent confrontation." "

Mr. MURPHY. That's not accurate. For a period of a very few minutes I personnally directed officers to leave one intersection, but I am happy to report, Congressman, that within a very short period of time-14th and U, sir

Mr. WHITENER. What was going on at the time?

Mr. MURPHY. The policeman by radio reported to me, I was a block away, that rocks and bottles were being thrown at them and hundreds of people were in the street behaving violently. I directed them to meet me one block away, and within a very short period of time, sir, we were able to muster sufficient strength to move properly into that area again. Mr. WHITENER. Well, at any time during your radio communication, did one of the police officers ask you to please get off the air so he could get a message through?

Mr. MURPHY. No, sir. I never heard such a message, sir.

Mr. WHITENER. But now, Mr. Murphy, you testified here on February 21, and you said, "We have been working very hard day and night on this problem, not only aids under me, but the National Guard, the Department of Justice, and the Military. We are prepared to handle it. I think that is what our responsibility is, to be prepared. We are confident. We are stepping up our planning and training to be prepared for whatever may come. But we are working as hard as we know how in preventing any kind of disorder."

Mr. MURPHY. Yes, sir.

Mr. WHITENER. Well, you said that to this Committee.

Mr. MURPHY. Yes, sir, I said that.

Mr. WHITENER. So your planning has completely failed, hasn't it? Mr. MURPHY. Well, as with the Military, sir, when overwhelmed, we may not be able to accomplish what we would like to. I am still delighted that we did all the planning we did to be prepared, even for this terribly violent outburst.

TROOPS

Mr. WHITENER. Let me ask, Mr. McGiffert, since you represent the Military-were all the troops sent in here volunteers for this duty, were some of them Selective Service men?

Mr. McGIFFERT. They were units from various bases

or

Mr. WHITENER. Brought in, regardless of whether they were Regular Army or Selective Service?

Mr. McGIFFERT. That's right. They were brought in on the basis of whether they were in the unit or not which was earmarked for this purpose.

Mr. WHITENER. You sent young men in here who were involuntarily brought into the Military Service and told them they could not protect themselves from injury, but must limit the exercise of force to the protection of themselves from being killed?

Mr. McGIFFERT. No. I think I said quite clearly, Mr. Whitener--Mr. WHITENER. I thought your testimony earlier was that they were given orders not to load the guns without the consent first of a commissioned officer, or secondly, in the defense of their life.

Mr. McGIFFERT. That's correct.

Mr. WHITENER. Life but not limb?

Mr. McGIFFERT. Well, I think limb is included in that.

Mr. WHITENER. Well, you didn't say that. Now, what would a young man have done, a Selective Service boy from my District, who had been ordered into here, if there was no commissioned officer within a block of him?

Mr. McGIFFERT. They are in radio communication, Mr. Whitener. Mr. WHITENER. Every man had a radio?

Mr. McGIFFERT. Every man did not have a radio, but the way the Military Organization operates, there is communications down to the small unit level; and those communications work very well, as a matter of fact.

Mr. WHITENER. Well, was this same order applied uniformly in the entire city?

Mr. McGIFFERT. Yes.

Mr. WHITENER. On Capitol Hill?

Mr. McGIFFERT. Well, it applied to every member of the Military Forces.

Mr. WHITENER. Well, I am told on reliable authority that the Military personnel on Capitol Hill had their guns loaded and had instructions not to tolerate any foolishness. Now, is that contrary to your understanding?

Mr. McGIFFERT. I don't know whether they did or not, Mr. Whitener. Mr. WHITENER. Well, you wouldn't deny that this was the situation? Mr. McGIFFERT. No, for all I know, they were given permission to do so by an officer.

Mr. WHITENER. Under these orders, I take it that a soldier, seeing someone throw a Molotov cocktail into an occupied apartment house, would have no authority to fire upon that individual unless some commissioned officer gave him a direct command?

Mr. McGIFFERT. That's correct.

Mr. WHITENER. Who protected the people in the apartments who were living over the stores?

Mr. McGIFFERT. I think the principal way in which you bring situations like this under control is the introduction of massive numbers of people-law enforcement people, whether they be soldiers or policemen or both.

Mr. WHITENER. Well, I was told by people in authority that the Military personnel were booed as they walked up and down the street. So apparently this massive force didn't deter those. Did you get any reports to that effect?

Mr. McGIFFERT. No, I didn't. I think that it is quite clear from the record of the disturbance that once large numbers of personnel were on the streets, the incidents fell off very rapidly.

Mr. WHITENER. Well, may I ask you one other question. Who, in authority, has the responsibility for the direction of the troops not to load their guns until authorized by a commissioned officer and not to fire in defense of their lives? What individual made that order?

Mr. McGIFFERT. Well, this is part of the Army policy, Mr. Whitener.

Mr. WHITENER. I know, but you said you gave each soldier a card. Mr. McGIFFERT. That's right.

Mr. WHITENER. This was an official order, so it had to have some authority.

Mr. McGIFFERT. That's right.

Mr. WHITENER. Who signed that order?

Mr. McGIFFERT. I don't know if there is a signature on the order

or not.

Mr. WHITENER. Do you have one of the cards?

Mr. McGIFFERT. No, I do not.

Mr. WHITENER. Could you get one?

Mr. McGIFFERT. I certainly can.

(The card referred to follows:)

(Copy of Card Carried by Army Troops in Washington during April 1968 Civil

Disorders)

UNITED STATES OF AMERICA

(SEAL)

WAR OFFICE

GTA 21-2-7, February 1968.

(Supersedes GTA 21-2-7, October 1967)

I AM A MEMBER OF THE ARMED FORCES. I WILL CARRY OUT THE ORDERS OF MY COMMANDER AND THE SPECIAL ORDERS CONTAINED HEREIN. I WILL CARRY THIS CARD WITH ME AT ALL TIMES WHILE ON THIS MISSION.

SPECIAL ORDERS FOR MEMBERS OF THE ARMY ENGAGED IN CIVIL DISTURBANCE OPERATIONS

1. I will always PRESENT a NEAT military APPEARANCE. I will CONDUCT MYSELF IN a SOLDIERLY MANNER at all times and I will do all I can to BRING CREDIT UPON MYSELF, my UNIT, and the MILITARY SERVICE. 2. I will BE COURTEOUS in all dealings WITH CIVILIANS to the maximum EXTENT POSSIBLE UNDER EXISTING CIRCUMSTANCES.

3. I will NOT LOAD OR FIRE my weapon EXCEPT WHEN AUTHORIZED by an OFFICER IN PERSON, when authorized IN ADVANCE BY AN OFFICER under certain specific conditions, or WHEN REQUIRED TO SAVE MY LIFE. 4. I will NOT INTENTIONALLY INJURE OR MISTREAT CIVILIANS, including those I am controlling, or those in my custody NOR will I WITHHOLD MEDICAL ATTENTION from anyone who requires it.

5. I will NOT DISCUSS OR PASS on RUMORS ABOUT this OPERATION. 6. I will IF POSSIBLE LET CIVILIAN POLICE MAKE ARRESTS, but I CAN IF NECESSARY TAKE into TEMPORARY CUSTODY rioters, looters, or others committing serious crimes. I will TAKE such PERSONS TO the POLICE OR designated MILITARY AUTHORITIES as SOON AS POSSIBLE. It is my duty to DELIVER EVIDENCE and to COMPLETE EVIDENCE TAGS and detainee FORMS IN ACCORDANCE WITH MY INSTRUCTIONS.

7. I will ALLOW properly IDENTIFIED REPORTERS and RADIO and TELEVISION PERSONNEL FREEDOM OF MOVEMENT, unless they INTERFERE WITH the MISSION of my unit.

8. I will AVOID DAMAGE TO PROPERTY AS FAR AS POSSIBLE.

GPO 1968 0-291-687

(Executive communications dealing with the April civil disturbances, calling out 14,000 troops, etc., as submitted to the committee, are set forth in the Appendix, pp. 95-103 :)

(For costs of federalizing the National Guard and bringing in the Army troops, see Appendix, p. 92.)

Mr. MCMILLAN. Mr. O'Konski.

Mr. O'KONSKI. I will make my remarks very short.

Were you consulted about a permit for the building of Insurrection City in the heart of the Nation's Capital?

Mr. MURPHY. No, sir. I was not consulted about any permit.

Mr. O'KONSKI. I will not embarrass you by asking you what your answer would be if you were consulted.

I heard you say a little while ago that you are 160 policemen short? Mr. MURPHY. Yes, sir.

94-293-68- -3

Mr. O'KONSKI. Have you gone down to Insurrection City-they have some marshals there to see if they are really interested in jobs? That is what they are here for. They said, they can't get any jobs! Mr. MURPHY. I don't know, sir, if our recruitment units have gone down.

Mr. O'KONSKI. Well, there are 160 jobs open

Mr. MURPHY. Sir?

Mr. O'KONSKI. So they could have them. I notice that we took in something like $50,000 on fines and forfeitures during the last insurrection we had in our city, from 8,000 arrests that comes to about $6,000-$6 per arrest that we have taken in. From now on, when I can't find any parking space, I think I am going to go burn down a block and make myself a parking space. It will be cheaper than paying a fine for parking.

I just want to say this: I have been in Congress-this is my 26th year our Nation's Capital had, I think, the greatest and the finest police force of any city in the United States. I have nothing but admiration for them. I feel very strongly for your people. Very frankly, I don't see why anybody in the United States of America today would want to be a policeman with their hands tied the way they are.

We have the most excellent police force in the Nation's Capital of any city in the United States. In the Congress, I can truthfully say that. It was not until the politicians above started to give the orderswhen we got this that we call "measured response" theory.

I thought the purpose of a police force was to prevent crime, not measure it!

Mr. MURPHY. That is right.

Mr. O'KONSKI. Now, you have measured response, a genesis handed down by the Justice Department to all of the police forces all over the United States. Well, the Justice Department can't even catch the murderer of Martin Luther King. Yet they are trying to tell you people how to preserve law and order in the Nation's Capital.

I, for the life of me, can't understand why anybody wants to be a policeman today. In Milwaukee we had riots. Last year, after due warning, a 21-year-old looter was shot by a policeman. 2,500 people attended the funeral of the looter-made a martyr out of him; as to the policeman who was shot by a sniper-apparently, 150 came to his funeral.

When you have a mayor of a town, on Loyalty Day in one of our major cities, and they have two parades at that time-one to preserve law and order, commending the United States, protect your policeman, and the mayor had a hard time figuring out which parade he was going to go to; and you have another one the same day with draft card burners and looters and rioters, and the mayor of the town went over to the looters and the rioters and not to the Loyalty Parade. When you get that kind of support from mayors and politicians, for the life of me, I can't understand it.

The tragedy of it is that here we are, putting you people on the spot, who are risking your lives, when you really don't have the final say on how you should enforce the law. You get orders from politicians. In my judgement, we have got the wrong people here to interrogate. The people that we should have over here, and interrogate them, are the people who laid down these silly rules that tie your hands where