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(Woodruff)-"Most of the textbooks deal with the history of the black man... the history of slavery . . . the history of reconstruction . . . and most of these books have been written by black authors."

(Question)"Could you name some of them?"
(Woodruff)—"Sure. "Declare the Mayflower". . . .

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(Brooks) "We have a reading list to give you. It has all the books we're using in the liberation school."

(Question)"There was a charge that $7700 of OEO money for the operation of the school was being paid, to quote Mr. Sorace, "to Fred Brooks rather than the school itself". How do you explain this charge?"

(Woodruff)—"It's, It's. . . . this is the sponsoring agency of this project and as far as I know, we've met all the guidelines of the OEO proposals and also the Metropolitan Action Commission, and I feel that they should clarify that if it's necessary since they both work for the same government . . . I mean they're both Metropolitan employees and it seems to me there's some confusion there in what they understand is happening."

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(Question)"Then . . . you say the charge that Fred Brooks is being paid $7700 is not true."

(Woodruff)-"Of course not."

(Question)"Well, where is the money actually going?"

(Woodruff)-"As I say, I think it would be better if Metropolitan Action Commission answered this, but . . . as far as I know, I know the other . . . some of the other . . projects in town. . . and we're going through the same channels they are the same requisition processes. that everyone else is." (Question)"Fred, have you received any checks from the OEO?" (Brooks) "No, I haven't. . . . No."

(Questions)-(unclear words) .. Hate whites?"

(Woodruff)—"No."

(Question)"It's not?"

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(Woodruff)-"No. . . . let me respond to that cliche. I think what you have to understand is that first of all, most people don't know what we're talking about when we talk about black power . . . and I might make it clear that black people have never had to do any teaching of hate. We've learned it from masters."

(Question)-"Have you been asked to interpret the meaning of the Newark and Detroit riots to the kids you're teaching here? How do you explain these uprisings to these children?"

(Woodruff)—"Well, I don't want to make this a platform for making a speech, but I think . . . well the kinds of questions you're asking. . . . I don't know what started the Newark riot . . . I wasn't there . . . none of us were there. On the other hand, we do know the circumstances that exist in the ghettos of America and we know that the black people in this country have suffered for 400 years at the hand of a vicious enslaver and a vicious segregator, and I think what happened was that finally the the United States . . . the black people of the United States ... have demanded their rights as citizens and I think this is what we're seeing is a symbolic expression of frustration and this frustration comes out in chaotic attempts to try and exert ones citizenship . . . but as far as any factual knowledge . . . nobody that I know has any I certainly don't."

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(Question)—"Father, are you in favor of violence as a necessary item to achieve your goals?"

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(Woodruff)-"If the choice were mine, no. But, unfortunately many . . in much of the racial protest in this country, the choice is not ours." (Question)—“Are you trying to do anything to prevent it?" (Woodruff)—"As I said, the choice isn't ours so it's not a question of me initiating or preventing . . . it's a question usually of defending ourselves and, if we are, and if we have just as many rights as everybody else, it seems we ought to be able to teach any ideology that we feel is American and is consistent with the rights in the Constitution than any other ideology, and it seems to me perfectly clear that black power translated from the Greek means the ability for black people to have their democratic rights socially, economically and politically. And, what I hear so many people saying is that black people really shouldn't get together and really shouldn't have these rights and that they shouldn't have any black power. Now obviously whites have power and they call it white power and the question is very simple, we want black power and we don't have any and in order to participate equally in a democratic system you have to have power. (Question)-"Is the concept of black power then written into the organizational guidelines of this school under the Metropolitan Action Commission and the OEO?"

(Woodruff)—"You're talking about black power as if it's a well worked out definition and I don't think it is. Maybe Mr. Brooks does, but I don't think it is and as far as I know in terms of the curriculum it isn't being taught in any kind of propaganda line one, two, three thing . . . what it basically means is the ability of black people to have political, economic and social rights in this government." (Question)"Do you go along with the violence that has taken place in this

country?"

(Woodruff)—“You mean the violence by the police?"

The CHAIRMAN. We're going to quit now until 10 o'clock Monday morning, at which time Chief Inspector Harry Fox of the Philadelphia Police and Lieutenant Leonard Kowalski, State of New Jersey policeman, will testify.

Senator HART. Mr. Chairman, I want to join with Senator Kennedy in thanking you for permitting us to have the witnesses whom we have just heard. I feel that their testimony has clarified the record. I am glad to know that the implications, to put it mildly, that we heard yesterday, as I see it, in fact, are not true. I would hope also that the request or suggestion that Senator Kennedy made, that we proceed in executive session if somebody is going to throw a rock at the poverty program, be adopted by the committee. A few minutes ago, I voiced my belief that we serve nobody's interest except that of the fellow who wants to cause a riot by whacking at the poverty program in this fashion.

The CHAIRMAN. We'll recess now.

(Whereupon, at 5:10 p.m., the hearing was recessed until Monday, August 7, 1967, at 10 a.m.)

ANTIRIOT BILL, 1967

MONDAY, AUGUST 7, 1967

U. S. SENATE,

COMMITTEE ON THE JUDICIARY,
Washington, D.C.

The committee met, pursuant to recess, at 10:25 a.m., in room 1202, New Senate Office Building, Senator John L. McClellan presiding. Present: Senators McClellan, Ervin, Hart, Kennedy of Massachusetts, Dirksen, Scott, and Thurmond.

Also present: John H. Holloman, III, chief clerk; Jay Sourwine, chief counsel, Subcommittee on Internal Security.

Senator MCCLELLAN. The first witness this morning is Harry Fox, chief inspector, Department of Police, Philadelphia.

Mr. SOURWINE. Mr. Chairman, we have had a telephone call from Inspector Fox this morning. He said they had a critical situation in Philadelphia. The police have been put on 24-hour alert, and he is unable to be here.

Senator McCELLAN. Did he indicate when he could come?

Mr. SOURWINE. He said he would come just as soon as this emergency situation is over, sir.

Senator MCCELLAN. Very well. The next witness scheduled this morning is Leonard Kowalewski.

Mr. KOWALEWSKI. Yes, sir.

Senator MCCLELLAN. You are president of the Fraternal Order of Policemen of New Jersey, am I correct?

Mr. KOWALEWSKI. Yes, sir.

Senator MCCLELLAN. Very well, sir. Will you be sworn. Will you stand and be sworn, please, sir. Do you solemnly swear the evidence you shall give before this Senate committee will be the truth, the whole truth, and nothing but the truth, so help you God?

Mr. KOWALEWSKI. I do.

Senator MCCLELLAN. Be seated. Please state your name and fully identify yourself for the record, please, sir.

TESTIMONY OF LEONARD KOWALEWSKI, PRESIDENT, STATE OF NEW JERSEY FRATERNAL ORDER OF POLICEMEN, MEMBER, NEWARK, N.J. POLICE DEPARTMENT

Mr. KOWALEWSKI. My name is Leonard Kowalewski. I live at 56 Monticello Avenue, Newark, N.J. I am a patrolman in the Newark Police Department.

Senator MCCLELLAN. How long have you been a patrolman?
Mr. KOWALEWSKI. Eleven years.

Senator MCCLELLAN. How long have you been in the department?
Mr. KOWALEWSKI. Seven years.

Senator MCCLELLAN. What is this position you hold as president of the Fraternal Order of Policemen in New Jersey?

Mr. KOWALEWSKI. That is an elected position to an organization that is nationwide. It is a nationwide police organization. It is in 40 out of the 50 states, and it has approximately 70,000 policemen in it at this time.

Senator MCCLELLAN. This is a national organization, and you are president of

Mr. KOWALEWSKI. The New Jersey State lodge, and also the president of the local chapter in Newark, N.J., that is Newark Lodge No. 12. Senator MCCLELLAN. How long have you held this position as president of the local organization?

Mr. KOWALEWSKI. I have been the president of the local lodge for 5 years, starting my fifth year, and I have been the State president for 3 years, starting my fourth year.

Senator MCCLELLAN. What is the membership of the organization in your State?

Mr. KOWALEWSKI. Throughout the State it is approximately 2,000. Senator MCCLELLAN. Are you a State president?

Mr. KOWALEWSKI. Yes, sir.

Senator MCCLELLAN. Álso local president?

Mr. KOWALEWSKI. Yes, sir.

Senator MCCLELLAN. How many members do you have in Newark? Mr. KOWALEWSKI. In Newark we only have 200, a little better than

200.

Senator MCCLELLAN. How many policemen do you have in Newark? Mr. KOWALEWSKI. Well, there are 1,400.

Senator MCCLELLAN. 1,400. So your organization does not represent a majority of the policemen in your city?

Mr. KOWALEWSKI. No, sir.

Senator MCCLELLAN. All right. Were you on duty during the recent riots?

Mr. KOWALEWSKI. Yes, sir.

Senator MCCLELLAN. Have you been on active duty all this year? Mr. KOWALEWSKI. Yes, sir.

Senator MCCLELLAN. Very well. Do you have a prepared statement? Mr. KOWALEWSKI. No, sir, because I didn't know what I was going to be asked or what I was called here to testify about, I have no idea whatsoever as to what my reason for being here was.

Senator KENNEDY. Mr. Chairman, this isn't the first time that we have had this come up, and in all fairness to the witness, do we have some idea of what representations are being made to various witnesses who appear down here when they are invited to testify, because we have heard this same statement by other witnesses, and I think it would be helpful for us to have some idea of the instructions or the requests that are being made of these gentlemen.

Senator MCCLELLAN. Senator, I am not the chairman of the committee. I have not arranged for these hearings. I am only here today at the request of the chairman to accommodate him and the committee. I am no more anxious to hear the witness than you are, and if you don't want to hear him, let's adjourn and ask these questions of the chairman, I don't know.

Senator KENNEDY. May I ask the staff perhaps, Mr. Chairman? Senator MCCLELLAN. What is the question?

Senator KENNEDY. I would like to ask this staff whether when various witnesses have been selected and chosen, what instructions or what requests have been made of them, because we have just heard now a witness that is down here to testify on a piece of legislation, the antirioting bill, and indicating to the membership, the full membership of the Judiciary Committee, and he didn't know why he was down here and what the matter was he was to testify on, and this we have heard from other witnessess, and I would like to at least have from the staff some idea as to what representations are being made to these witnesses. Mr. SOURWINE. Sir, the witnesses are advised that the committee is considering the antiriot bill. They are told that they are being called down to testify about the riots situation in their respective cities.

Mr. KOWALEWSKI. May I answer that question a little bit more in detail and little bit more fully? Perhaps it may answer Senator Kennedy's question.

Senator MCCLELLAN. Very well, proceed.

Mr. KOWALEWSKI. I received a phone call from a newsman who has interviewed me several times before in the past, both for the press and the radio. He asked me what I thought of Detective Millard's testimony.

Senator McCLELLAN. What's that?

Mr. KOWALEWSKI. Detective Millard's testimony. Detective Millard is the Newark detective that had been testifying previously.. Senator MCCLELLAN. He testified here earlier?

Mr. KOWALEWSKI. Yes, sir.

Senator MCCLELLAN. I have not been over because of other duties, to attend the hearings regularly. This is someone who had testified here? Mr. KOWALEWSKI. Yes, sir.

Senator MCCLELLAN. You were asked what you thought of him? Mr. KOWALEWSKI. And I said that I did not know other than what I had read in the paper, but from what I read in the paper, that Detective Millard was not naming names, but as I stated to the man who was interviewing me, perhaps the press didn't tell everything, due to shortage of space, so I said in my opinion the names aren't mentioned in the paper. Therefore, they might have been mentioned before the committee.

This newsman asked me did I have any knowledge as to whether the names were going to be given here, and I said "No." He in turn said, "Well, why don't you appear before the committee?" And then I says, "Fine, but I haven't been asked." A little later on I received a phone call again from the same newsman who works for a very big radio station.

Mr. MCCLELLAN. Who is the newsman?
Mr. KOWALEWSKI. Mr. Robert Leader.
Senator MCCLELLAN. Who?

Mr. KOWALEWSKI. Mr. Robert Leader of WJIZ.

Senator MCCLELLAN. Proceed.

Mr. KOWALEWSKI. Mr. Robert Leader then called back and said if I was interested that I could appear before the committee here on Monday morning, that he had contacted a Mr. Schroeder, and Mr. Schroeder in turn contacted me.

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