The Charlotte News

Saturday, October 5, 1946


Site Ed. Note: The front page reports that Winston Churchill had stated at Blackpool before a national conference of the Conservative Party that the Labor Government was vacillating without any plan or policy with respect to Palestine, causing distrust by both Arabs and Jews. He also criticized the Attlee Government for its mishandling of the issue of Indian independence, causing what he predicted would become a bloody conflict regarding the proposed division of the country to afford an autonomous Moslem state of Pakistan.

He criticized the reduction of the British Empire, with the loss of India and soon perhaps Burma, to a quarter of its previous size, all while Russia expanded.

He also expressed approval of the Government policy of extending friendship to Russia provided the Russians would reciprocate.

Prime Minister Attlee meanwhile had sent a confidential response to President Truman regarding the latter's statement the day before urging the British immediately to allow the immigration of refugees from Europe into Palestine prior to the coming of winter and to support a separate Jewish state within Palestine rather than dividing the country between Arab and Jewish sections subject to American and British control.

The British objected to disclosure by the President of his statement and to the setting of a 100,000-person goal for immigration, believing that the Jewish Agency might have accepted a smaller quota without the President's expression of a minimum number.

Former First Lord of the Admiralty A. V. Alexander was, according to sources in London, to become Britain's new Minister of Defense. War Secretary J. Lawson was leaving the Government and Colonial Secretary George Hall was succeeding Mr. Alexander. The new War Secretary was to be Fred Bellinger, a veteran of Dunkerque, who had been Financial Secretary. The new Colonial Secretary was Arthur Creech Jones. Both offices were responsible for Britain's policy in Palestine.

There was speculation that Prime Minister Attlee's strenuous objection to the Truman Yom Kippur statement was to allay suspicion that the Cabinet shakeup, planned for months, was in response to the statement.

*The British press predicted a new wave of violence in the Holy Land in response to the President's Yom Kippur statement. A spokesman at 10 Downing Street, while not revealing the contents of the Attlee reply, stated that the British intended to stand by the League of Nations mandate which it had with respect to Palestine since after World War I and was not obligated to accept the suggestions of the United States.

Yeah? And we Yanks, Tommy, aren't obligated either to come over there next time and protect your little slimy-Limey, priggish rear ends the next time you get into trouble with Fritz or Boris.

*Wes Gallagher of the Associated Press reports of the de-Nazification laws in the American zone, about to be approved by the Allied Control Council to extend to all four zones. They provided for trial and sentence up to ten years for crimes of the general staff of the former Nazi German state and of those responsible for domination and exploitation of foreign peoples and the devastation of Germany after it was invaded by the Allies. The defendants were considered guilty until proved otherwise, meaning the burden of proof of innocence was upon the defendant, the reverse of the Anglo-Saxon jurisprudential code imposing the burden on the prosecution to prove guilt beyond a reasonable doubt. When first proposed to the Chief Justice of the Nuremberg Tribunal, Geoffrey Lawrence, he recoiled at the prospect of another trial of the three defendants acquitted at Nuremberg because he thought it an offense to principles of double jeopardy.

Typically, however, even under American jurisprudence, double jeopardy principles do not apply when a different jurisdiction tries a defendant twice for an offense based on the same facts. For instance, a defendant may be acquitted of murder in a state trial and yet subsequently be tried and convicted for a civil rights violation under Federal law without offending double jeopardy, though both offenses are premised on the exact same facts.

*In any event, the American attitude had been that the War Crimes Tribunal had heard crimes against the world while the German people still had the right to try defendants for crimes against the Germans.

Meanwhile, of the three acquitted defendants, Franz von Papen, Hjalmar Schact, and Hans Fritsche, the latter two were free pending trial by the de-Nazification court in Munich and would have the protection of the German police. Von Papen's request to enter the French zone had been refused by the French and he remained in jail. The British had refused entry to all three.

Three of the eleven Nazis convicted at Nuremberg, Ernst Kaltenbrunner, sentenced to death, Albert Speer, sentenced to twenty years, and Baldur von Schirach, also sentenced to twenty years, did not appeal to the Allied Control Council.

Emmy Goering, wife of condemned prisoner Hermann Goering, had been denied by the German de-Nazification board the privilege to resume her acting career in Germany. The American Military Government stated that it would also deny her the privilege if she sought it. She had acted under the name Emmy Sonneman.

After three days of unending work and a 28-hour marathon session, the five commissions at the Paris Peace Conference had completed work on all five treaties before the conference, for Finland, Hungary, Rumania, Bulgaria, and Italy. The treaties would now come before the full 21-nation conference for approval.

According to Allied headquarters in Italy, a British plane had been forced down the previous day near Nis in Yugoslavia. The plane was allowed to land safely and there were no casualties reported.

The situation was aggravated, however, by the prior instances of shooting down by Yugoslavia of two American planes, one on August 9 and the other on August 19, the second resulting in five deaths of Americans. In the wake of those incidents, Marshal Tito had promised there would be no recurrence. The two incidents occurred on the other side of Yugoslavia from Nis.

The State Department urged American businessmen to protest at once against proposed nationalization of 900 businesses by the Soviet-dominated Polish Government. Of these firms, 513 would not be compensated as having been owned allegedly by German interests or the German Government during occupation. Some of the 513 businesses appeared to be owned by Americans and the seizure by the Germans had been without their consent.

In China, Communist forces closed in on Paoting, capital of Hopeh Province.

In the Taikyu region of Southeastern Korea, rioting mobs caused the deaths of 59 Korean police officers and seriously wounded 20 others before U.S. troops restored order. Koreans claimed the mob was comprised of Communists opposing U.S. presence.

In Japan, it was reported that the entire Japanese Air Force was now gone, the remains at the end of the war melted down for scrap.

The Labor Department presented a proposal to settle the latest maritime strike, but no word had come as to whether unions and operators would accept it.

The White House denied that the President had entered any deal with Senator Harley Kilgore of West Virginia regarding protection from further investigation of Congressman Andrew May until after the election. Senator Kilgore's Republican opponent had so charged the previous day.

Meeting in San Francisco, the American Legion endorsed the combining of the armed forces under a Department of Common Defense. It also wanted Congress to rescind the on-the-job training bill for veterans and criticized V.A. director General Omar Bradley, in charge of its administration. It also endorsed universal military training and urged overhaul of the court martial system.

In Jacksonville, Fla., Governor-nominate Eugene Talmadge had been hospitalized with a stomach hemorrhage. He would die before the end of the year, before taking office, setting off a controversial fight as to who should be his successor.

*In Lawrenceburg, Tenn., an all-white jury acquitted 23 of 25 black defendants charged in connection with the riot at Columbia the previous February 26. Two defendants were convicted of attempted murder in connection with the shooting of a patrolman and three other officers. The jury recommended sentence of no more than 21 years. The jury deliberated for one hour and 53 minutes.

The Pacusan Dreamboat continued on its way from Honolulu to Cairo over the North Pole, having completed 60 percent of its 10,300 mile journey, passing over Reykjavik, Iceland, by noon this date. The crew anticipated reaching Cairo in 41 to 43 hours from departure, before dawn on Sunday. It was now headed toward London, flying at 250 mph, ahead of schedule. If sufficient gasoline remained at Cairo, it was planning to fly another 700 miles to Wadi Halfa.

The Army clarified that "Pacusan" stood for "Pacific Air Command, U.S. Army", with the "n" simply tacked on for good measure.

On the editorial page, "A Question of Implications" finds troubling the disappearance of the key witness in the butter 'n' eggs racket trial, on appeal to Superior Court for a trial de novo, after the two kingpins had been found guilty and sentenced to heavy prison terms in Recorder's Court, along with numerous runners in the numbers racket. It believes that the prospects for sustaining the convictions in the new trial were not therefore good. The witness had, according to his wife, left town with no stated forwarding address, to protect his safety.

The Solicitor was contemplating not taking the case to court without the witness, as there was only one other competent witness who could testify, and he could only implicate one of the principals.

Reporter Pete McKnight had uncovered evidence that the local police had done little to cooperate with the SBI in the investigation of the racket, which had led to the prosecutions. If the first successful prosecution of an illegal lottery in many years was now to be sidetracked on its way up the courts, the public would suspect dark collusion in the process on the part of officials.

"A Porterhouse on Every Plate" states the handwriting on the wall was that no meat would be available before December. Chester Bowles had advanced the argument that the Republican cattlemen were deliberately seeking to withhold meet to embarrass the Administration to the benefit of Republican Congressional candidates. The piece mocks this notion as false logic.

But the Republicans also engaged in some of the same in their contention that the Democratic bureaucrats were denying the cattlemen a fair price that they might woo the Communistic CIO backing in the elections. RNC chairman Carroll Reece had even tied the conspiracy into the slaughter of pigs in 1934 by then Secretary of Agriculture Henry Wallace.

The President appeared to have endorsed both removal of controls on meat prices and leaving them in place. Editorial cartoonist Jim Berryman of The Washington Star had produced a cartoon in which the Hoover campaign promise of 1928, that there would "A Chicken in Every Pot", was crossed out and supplanted by "A Porterhouse on Every Plate".

It concludes that the average citizen was left bewildered, and might as well make up his mind to become a vegetarian, that there would be no meat on the plate until after the election.

"The Meatball Was a Harbinger" comments on the gangland shooting death out in Hollywood of Benny "The Meatball" Gamson, suggesting it as a harbinger of a return to normalcy. The way it had been reported by the Associated Press, devoid of wartime connections to spy rings and subject to the interest of intelligence offices, was refreshing.

But, it reserved judgment on the matter until after the funeral, because there might yet turn up the proverbial "Mysterious Woman in Black".

It concludes: "R.I.P., Meatball."

A piece from the Winston-Salem Sentinel, titled "Discrimination in the Air?" takes up the cudgels against the provision of air routes to larger cities at the expense of the South, neglecting the fact that some Southern cities had commercial value far out of proportion to their populations. Winston-Salem was one such city. It was seventh in the nation in terms of commercial traffic, having tobacco, hosiery, textile, and furniture manufacturing.

The same could be said of Charlotte, trading hub of the two Carolinas, Gastonia, the center of the nation's textile industry, and High Point, furniture capital of the South, as well as other towns and cities in the region.

Discrimination by the Civil Aeronautics Board would not only deprive the South of development but also the nation of the full value of this commercial resource. It predicts that the South might again have to scramble to avoid the discrimination as it had for decades with respect to freight rates.

Drew Pearson tells of a backstage fight occurring between New York Stock Exchange president Emil Schram and Federal Reserve Board chairman Marriner Eccles, regarding the Government's ban on margin-buying. Mr. Schram wanted the ban lifted to enable credit purchase of stocks to rehabilitate the falling market, suffering its greatest monthly loss in its history during September, with securities dropping eight billion dollars in value, twice that of October, 1929 during the Crash. Mr. Eccles argued that the only thing preventing the drop from becoming a major disaster was the inability of investors to buy on margin to try to cover their losses.

UNRRA head Fiorello La Guardia, during his recent visit to Russia, was permitted to see Josef Stalin but with only two aides present. He thus told his assistant to divert the remainder of the delegation by taking them to visit the tomb of Lenin. Afterward, when the assistant asked the former New York City Mayor what he had learned from Stalin, he remarked that he had gotten as much from him as the rest of the delegation had gotten from Lenin.

The Agriculture Department had placed an embargo on Mexican beef which the President supported because of the danger of hoof and mouth disease originating with some Brazilian breeder bulls brought into Mexico during the previous year against the warnings by the Agriculture Department. The ban was contributing to the meat shortage.

Admiral William Halsey was growing bored in his job on the President's supervisory board of the Army and Navy. He wanted to take an offered job as vice-president of Pan American Airways so that he could be involved in an active role.

Ambassador to Russia General Walter Bedell Smith reported that he believed Prime Minister Stalin's recent statement desiring world peace had been sincere, that Russia would consider a proposal for mutual disarmament if put forth by the United States, that the Russians wanted to use their four-million man Army for the purpose of reconstruction, and that the new five-year plan was being aimed at rebuilding devastated areas of Eastern Europe, not for building up the Soviet military.

Marquis Childs tells of Sweden affording a view into the Soviet Union via returning visitors. A major change appeared to have occurred since the previous spring, involving tighter security regulations on individuals, leading to a grimness in Moscow. While foreign guests in hotels facing Red Square had always been required to vacate their front rooms during the May Day parade, recently they were required to maintain their windows shut during a minor sports parade. One offender who cracked his window was visited by security police who warned that if it happened again he would be deported.

The purge of the directors of the collective farms in Russia was being carried on vigorously. Previously, individual farmers, who were allowed to sell their produce which exceeded quotas in a Government-sanctioned black market for fantastic prices, had accumulated too much money. The blame for the condition had been placed on the directors of the collective farms. So they were being liquidated with customary vilification as rationalization being offered via Soviet radio.

Some travelers believed that the purge extended to other areas of the Government. The rise in use of Government pawn shops in conjunction with the rise in price of bread represented additional signs of stress. Wage increases had not kept pace with price increases for basic foods, especially bread.

The Kremlin was given to negative replies to all foreigners.

Samuel Grafton remarks that the basis for the convictions of several of the eleven Nuremberg defendants condemned to death, that they planned or conspired to plan the war, had never previously been utilized as a basis for war crimes. He asks where, vis-a-vis such a legal theory, stood Americans who were advocating preemptive war against Russia, a position not dissimilar to that of Hitler in 1939.

Nuremberg had clearly established the principle that any war not begun for reasons of self-defense was illegal and criminal. He asks whether it in fact applied not only to government officials who planned a war but also to proponents in the press who supplied the propaganda tools for waging such an illegal war.

The principle applied now to everyone, not just the defendants in the dock at Nuremberg.

"Nuremberg may help the world to solve its problems. If we make it part of the very textures of our thinking we may find it easier to locate the door to the future: especially now that it is the only one, the other just having been slammed shut at Nuremberg by the organized conscience of mankind."

A letter from Charlotte City Attorney C. W. Tillett suggests that the Nuremberg verdicts were to international law what the atomic bomb was to physics. The verdicts of judges from the Big Four nations served to hold accountable those waging aggressive war.

Henceforth, the U.N. could use the decision as precedent to intervene and stop foreign aggression before it would erupt into war. Mr. Tillett believes that it had provided the green light to the U.N. to intervene in Spain, as the situation along the borders threatened the peace in Europe.

He predicts that if the U.N. used the verdict to full advantage, aggressive war in the future would be halted.

He also asserts pride that Federal Appeals Court Judge John J. Parker of Charlotte had participated as an alternate justice on the Tribunal, and that Major Robert Stewart had been one of the attorneys assisting the court.

He also praises the fact that Judge Don Phillips had been appointed form North Carolina to assist in the future in such war crimes trials.

He sees no fault, incidentally, in the deal made with Judge Phillips by Governor Cherry—the subject of a critical letter to the editor the previous Wednesday seeking the Judge's and Governor Cherry's disbarment—to restore the Judge's position on the bench after his service in Nuremberg.

A letter responds with applause for the October 2 editorial "The Precedents of Nuernberg", which suggested that the negative side of the precedent set was that henceforth, the rule would apply that to the victors go the right of condemnation of the vanquished. The letter writer is glad that the Japanese did not adopt the rule at the beginning of the Pacific war after it had conquered the Philippines, Hong Kong, Shanghai, the East Indies, and most of Burma and Thailand, lest many of the Allied officers would have been tried and executed.

Of course, he neglects to realize that many officers were summarily tried and executed, sometimes accused of being spies, but on trumped-up accusations. The rest were simply starved practically to death, quite unlike the treatment of the Japanese held in the prisoner of war camps in the United States. He apparently forgot about the Bataan Death March of April, 1942.

*Denotes story not on front page of The News, culled from front pages of other newspapers of this date.

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