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First State Bank
and Trust Company
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SLAPPEY DRIVE OFFICE AT BROAD AND SLAPPEY
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BANKING FACILITIES AT TURNER AIR FORCE BASE
ALBANY, GEORGIA
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HEmlock 6-1587 107 Flint Ave.
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ALBANY, GA.
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cial, which was based, on the
plan of organization of the
Hebrew Commonwealth, with
its shofet, or Chief Executive;
its Sanhedrin, or Senate; and
its congregation, or Popular
Assembly.
When we realize that at this
moment the California Legis
lature is considering the pass
age of a law which would auto
matically disbar any attorney
who availed himself of the
immunities against s e 1 f-in-
crimination, I believe devoutly
and passionately that what we
need now is a re-assertion of
the belief of freedom of ex
pression and respect for the
rights of the, individual - be
liefs which caused this nation
to come into being.
If our founding fathers had
been told that there would
come a time in American his
tory when some would urge
the repeal of the privilege
against self-incrimination, they
would have been numb with
despair that our perspective
could be so lacking. It is a
shocking fact, but unfortunate
ly irrefutable, that a poll re
cently conducted by Harvard
University shows that there is
enormous confusion among all
people as to the necessity for
this Constitutional privilege
and that there is greater in
tolerance among women than
among men. The resolution
adopted by the National Coun
cil of Jewish Women at the
convention held earlier this
year to “support the establish
ment of rules and procedures
lor Congressional investigat
ing committees which will
properly safeguard the rights
of witnesses” is re-affirmation
that this organization is affert
to the shocking caused by
those who have created this
climate of suspicion and hate
in our nation—by those who
have attempted to impose a
system of accusation without
proof—have imputed guilt
without trial and who have
sought to take the name of
Americanism in vain and to
contort it into a synonym for
fear, thought control and villi-
fication.
As a lawyer and as a citizen,
I consider it of the greatest im
portance that we be reminded
that history offers strong
argument for the extension of
this privilege which can be
traced back to the inception of
Jewish law. Yet, many respon
sible people, aggravated by the
understandable and justifiable
fear that the privilege is being
used as a protective cloak by
communists in our midst, for
get its rich tradition and press
us for quick and easy solu
tions. Invoke the expedient,
they say, and abolish the
Fifth Amendment.
The threat to our traditional
freedoms is all the more
disturbing because the greater
part of our nation is unaware
that one of our classic legal
rules is being questioned. What
sacrifice and pain were endur
ed by our forebears to insure
orderly government in a free
society is largely an unappre
ciated legacy, and consequent
ly, an unused one. Former
Republican Senator from
Washington, Harry P. Cain, in
a recent speech before the
National Civil Liberties Clear
ing House, brilliantly develop
ed the origin of the privilege
against self-incrimination. He
noted:
“Those who use ‘fifth amend
ment’ as an adjective of disap
probation modifying the noun
‘communist’ are as guilty of
disrespect for the Constitution
as any communist could be.
Centupies of inquistional tor
tures, mental and tempered
the bulwark of freedom that
the individual shall not be re
quired to convict himself. We
should be less concerned by
the few who hide behind the
privilege without justification
and much more concerned by
those who trifle with and
prosititute its significance.”
Perhaps confrontation with
all aspects of this problem is
what is needed to attain a
proper perspective, for this
statement reflected a great
change in Mr. Cain’s thinking
since he became experienced
in administering the security
program as a member of the
Subversives Activities Control
Board. Before his defeat for
re-election in 1952 he classified
himself as a right-wing Repub
lican and was closely associ
ated in the Senate with the
junior senator from Wisconsin.
What is under attack is not
only the freedom to grow as
an individual, which is stated
in our Bill of Rights, but the
George D. Wier
Distributing Co.
HEmlock 6-4835
311-313 North Davis Street
Albany, Georgia
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The Southern Israelite