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SOUTHERN POLICE INSTITUTE
December 11, 1967
PART II
" CIVIL DISORDERS AT THE NATIONAL LEVEL"
by
H. T. Jenkins
Atlanta, Georgia
During the past summer 52 American cities suffered civil disorders, street
fighting and riots that caused wide spread death and injuries to
the population and the police of these cities.
Looting and burning was responsible for property damages that caused many
millions of dollars.
The local police in most of these cities kept the situation under reasonable
control and held property damages to a minimum, but there
were many arrests and some deaths or injuries, and damages
in all of these cities.
The local police in some of these cities failed to maintain law and order,
and when th. situation had gotten out of control, it was necessary
to call on the State Police and the National Guard to restore
order, and in one city it was necessary to call on the U. S. Army
to come in and restore order.
There were other cities, where the local government did not believe they
had the necessary manpower and equipment in such an uprising
to maintain law and order, and called for assistance from the
National Guard before the situation had gotten out of control.
On July 27, 1967, President Lyndon B. Johnson by executive order,
appointed a National Advisory Commission on Civil Disorders.
The Commission consists of eleven members - a governor, a mayor,
four members of Congress, a business man, a labor leader,
a civil rights leader, a lady and a chief of police.
Governor Otto Kerner was appointed Chairman.
Mayor John B. Lindsey was appointed Vice Chairman.
Mr. David Ginsburg was appointed Executive Director.
This State of Kentucky is well represented on the Commission by the
distinguished Secretary of Commerce, the very able and
attractive Miss Katherine G. Peden.
I am deeply grateful and very humble for the opportunity to serve on such
a distinguished commission.
The Commission held its first meeting with President Johnson at the White
House on July 29, 1967.
After administering the oath of office, President Johnson infermed the
Commission of the seriousness of the civil disorders that
the cities of this nation had experienced in the last two years,
This was supported by all the information and reports that the President
had received.
The President said this commission was to take top priority over all
other commissions and that all the facilities and personnel
of the Federal Government would be made available to assist,
The President also said that civil disorders can be stopped --
they must be stopped --
and they will be stopped.
The President instructed the commission to determine --
what happened --
why it happened --
and what must be done to prevent it from happening
again and again --
and to furnish him an interim report by March Ist, 1968
and a final report by August 1, 1968.
I left the White House with a very strong feeling that this nation is
extremely fortunate in having Lyndon B. Johnson as Commander
in Chief during these very trying times.
He is a very dedicated and able man, and tough enough to do the job.
Again this belief was confirmed when President Johnson made a very
fine and timely speech to the International Association of
Chiefs of Police in Kansas City on September 14th.
The Commission has been meeting about two days each week in
Washington and has visited several of the cities that
suffered the greatest damages.
Mr. Ginsburg has established a very fine organization to do the staff
work.
Most of the staff personnel was drafted from other agencies.
The full commission has questioned more than 100 witnesses, that
included governors, mayors, chiefs of police, rioters,
and everyone elese concerned with civil disorders.
The Commission will not wait for the March deadline, but will
present an interim report to the President just as soon
as we can get it ready.
What I say to you today are my personal beliefs and does not necessarily
reflect the views of any of the people that I work for or
work with.
When some civil right leaders abandoned their non-violent approach and
became "Black Power" advocates of force and violence,
most of the white population was shocked and frightened,
but this was the motive behind the Black Power movement,
to achieve their goals through fear, intimidation, and force.
It was designed for shock treatment.
Most of the Negro population did not approve or disapprove this
approach at that time, but took a "wait and see" attitude.
But, today I believe a great majority of the white and Negro population
recognizes "black power" as a reality, but believes its
strength lies at the ballot box and in the courts, and not
in the streets and alleys.
The motives supporting the black power militant movement is almost
identical to the motives supportiig the old Ku Klux Klan.
I believe the police have the best public support today that we have
ever had.
But let me warn you not to be deceived by this support.
The people have been frightened by civil disorders and riots and they
are looking to the police to stop it now.
And, if it demands --
a tooth for a tooth, and
an eye for an eye --
the local police must be prepared to make law and order their
first order of business.
Dr. Kennet! Ciark, author of "Dark Ghetto -- Dilemma of Social Power"
recently said, "police brutality was not a problem, or at
least it was not a serious problem, the real problem," he
said, ''was police inefficiency and police corruption."
I do not know how much of that statement is true.
It would depend on the city and the persons involved.
But, I do know that these are the problems that every chief of police
in this nation must give his immediate attention and best
efforts if we are going to accept all of our responsibility
and furnish the kind of police service that every American
citizen has ever right to expect.
The Mayor and the Chief of Police has the sole responsibility to protect
life and property, to maintain law and order in their
respective cities.
Every city must have the necessary communication and reports from all
segments of the population to determine what the problems
are, and when and where civil disorders are likely to occur.
They must have the necessary equipment and trained personnel to solve
these problems and if street fighting starts -- to move in
immediately with sufficient force to stop it before it gets out
of control.
If they cannot do that, the mayor has the responsibility to ask the governor
to furnish the National Guard, and if this is not sufficient, the
Governor has the responsibility to ask the President of the
United States to order the U. S. Army to come in and restore
order, or even to prevent civil disorders.
Now, as I understand the laws and ordinances of the many cities and states
in this nation, the Mayor and the Chief of Police are the
commanding officers of their respective police departments,
but once the National Guard is ordered in, the Governor and
the Adjutant General becomes the commanding officer of that
city or state, and once the U. S. Army is ordered in, the
highest ranking officer designated by the President, becomes
the commanding officer of all armed personnel in that area.
The President of the United States is the Commander-in Chief of all armed
personnel in this nation, and that includes every police officer
in a police department.
As I also understand the law in the various states, the governor might order
the National Guard to go into a city at the request of the mayor --
or the governor might order the guards to go in on his own
iniative and judgment.
The same thing is true of the U. S. Army.
The President might order the army to go into a city or state at the
request of the governor, or the President might order the
army to restore law and order and to protect the Constitu-
tional Rights of American citizens in any state, with or
without a request from the governor.
The United States President has found it necessary to take such action
many times in the last 175 years.
I recall two such occasions very well --
l. President Eisenhower ordered Federal troops into Little Rock,
Arkansas, without a request from Governor Faubus.
(EXPLAIN)
2. President Johnson ordered Federal troops into Detroit, Michigan,
last summer on the request of Governor Romney.
The U. S. Attorney General, Mr. Ramsey Clark, recently issued written
instructions to all Governors on the procedure to follow
"SHOULD A GOVERNOR FIND IT NECESSARY TO REQUEST
THE ASSISTANCE OF FEDERAL TROOPS. "'
These are very important things that should be considered and included
in all police training and police planning in the next few
months.
Retired United States Brigadier General William R. Woodward is also
director of Atlanta's Civil Defense.
Bia
He and General George J. Hearn, the Adjutant General of Georgia have
completed a very fine plan to coordinate the action of the
police and the National Guard if it ever becomes necessary
or desireable for the City of Atlanta to request the assistance
of the National Guard.
The National Guard is already receiving special training to control civil
disorders.
I understand that this training is very special.
The Guard is told that this is not ordinary combat.
In ordinary combat everyone out in front of you is your deadly enemy,
and you shoot everything that moves.
In this kind of combat everyone out in front of you is not your enemy,
in fact, most of them are your friends.
Your only enemy is the snipers and the brick throwers, and when it is
ncessary to use firearms, you must be very careful to
shoot only your enemy.
The Atlanta Police Department continues to strengthen and expand its
training program, with special training for our Crime
Prevention Bureau officers and our Task Force and Riot
Squad.
These are very important things that should be considered and included
in all police training and police planning in the next few
months.
- 10-
In any emergency the Atlanta Police Department will cancel all leaves and
off days and go on 12 hour shifts, seven days per week.
This act alone will more than double the police personnel available for
street duty.
Police officers would be working 84 hours per week instead of 40 hours
per week.
Every officer below the rank of Captain would receive time and half for
overtime pay.
This means that the number of officers assigned to the trouble area
would equal the total number of police personnel in the
department, leaving an equal number of officers to patrol
the other parts of the city not involved in the civil disorder.
(You will find most citizens very much interested in this part of the
program. )
A city ordinance authorizes the Mayor to define the boundaries and
identify the area where civil disorders are occurring or
expected, and to request the assistance of the National Guard
when needed.
The Mayor has full authority and responsibility to make this
determination.
When the Guard arrives on the scene, police officers will be assigned
to accompany the Guard on their mission.
- jj] -
The police will take into custody and detain all persons that should be
arrested.
The police will process and present all prisoners and witnesses to
the courts.
The Guard will deliver all injured persons to the medical center.
Additional action taken by the police or Guard will be subject to orders
issued on the scene by the Adjutant General or his
subordinate officer.
Incidentally the subordinate officer in this case happens to be a police
lieutenant in the Training Division of the Atlanta Police
Department.
The high crime rate --
The continued increase in crime --
Civil disorders --
And poverty, are so closely related in my opinion, that they cannot be
separated,
I again wish to remind you that it was the conclusion of the Atlanta
Commission on Crime and Juvenile Delinquency, and the
President's Commission on Law Enforcement and Adminis-
tration of Justice --
that crime and poverty were twins that could not be separated, and one
could not be improved without improving the other.
- 12 -
I do not believe that I can over-emphasize the need for police training
and police planning for the police of this nation, to success-
fully meet the challenge that we will face in the next
twelve months,