FEBRUARY 1967 ..

LAW ENFORCEMENT BULLETIN

•

FEDERAL BUREAU OF INVESTIGATION UNITED STATES DEPARTMENT OF JUSTICE J. EDGAR HOOVER, DIRECTOR FEBRUARY 1967 VOL. 36 NO.2 I~ r. ~t .. ' ...... l~i i" f'~ j"i ii '.~ 1.; l~ ..... ,., n"T"Oll"'Gt: .. \"t"\1::\ • mil ... · ~ ., l' ('\ 1 .... => ~ ------_.. _-

THE C 0 V E R-Search ,.. for a standard, uniform cartridge. See page 2. , • - LAW ENFORCEMENT- BULLETIN CONTENTS

Message From Director]' Edgar Hoover ...... 1

Handgun Cartridge Tests, by John J. Heidtke, West _ -• Covina, Calif., Police Department ...... ,.,

Enforcement of Fish and Game Laws, by Golden B. Peay, Chief, Law Enforcement Division, Utah State Department of Fish and Game, Salt Lake City, Utah ...... 9

The Year of the Civil Delinquent, by H on. Morris I. Leibman, Attorney, Chicago, Ill...... 14

Cattle Rustling, by William G. Cheney, Executive Officer, Montana Livestock Commission, Helena, Mont...... 17 'u.".1ted ., lit. FEDE BUREAU OF INVESTIGATION Document Examination From a Photocopy 23 " mD STATES DEPARTMENT OF JUSTICE Can You Identify This Man? ...... 28 Wa.hlngton, D.C. 20535 .. I

# I "This is a revolution which will be fought campuses. The idealism of many American everywhere and we will win because there are students is being cynically exploited for commu• more of us than there are of them." nist purposes; youthful exuberance is being The rallying cry of the Hungarian uprising of channeled into unlawful riotous conduct; mock• 1956? Not at all. These words were shouted by ing disdain for democratic processes and moral a young agitator in December 1966 during values is being fed to inquisitive young minds• riotous disorder on the campus of a large Ameri• all under the guise of seeking equal justice or can university. In a continuing series of events, some other noble cause. the academic community has been bombarded At the core of these campus disorders, and with civil disobedience, assaults, threats, and often below the surface, we find agitator person• riots of unprecedented magnitude. nel from organizations such as the communist I think it is appropriate to quote two warnings W. E. B. DuBois Clubs of America and their from statements which appeared here in October comrades in the Students for a Democratic 1964 and February 1966: Society, a so-called "New Left" group; members This academic year will undoubtedly see intensive Com• of the Progressive Labor Party, a pro-Red Chi• munist Party efforts to erect its newest facade (the nese group; and individuals associated with or• -t W. E. B. DuBois Clubs of America) on the Nation's ganizations under the control of the subversive It afmpuses to draw young blood for the vampire which Socialist Workers Party and similar groups. _ international communism. (October 1, 1964) There is no place in the academic world, where The unvarnished truth is that the communist conspiracy unencumbered inquiry is essential, for a riot is seizing this insurrectionary climate to captivate the leader's recently voiced blackjack threat of "if thinking of rebellious-minded youth and coax them in• they do not accede to our demands, we'll close to the communist movement itself or at least agitate down their great and profitable university." This them into serving the communist cause. (February 1, is no calm, deliberate search for truth. This is 1966) the way of the totalitarian, seeking to enslave through force. Has this strategy paid off? The answer, The university graduate of today will tomor• unfortunately, must be a definite yes. Today the row guide the destiny of this Nation. We want communist conspiracy is reaping large dividends our young people to be able to think for them• from its persistent efforts to gain a toehold on selves and to be active participants in community college and university campuses and from its life, but we also want them to realize that free• dogged determination to disrupt, through mass dom and justice are secured by law and order; agitation, the orderly processes of our educa• that lasting rights and privileges are possible only tional systems. by acceptance of responsibilities and obligations. The great majority of college students are By the same token, the demand of the hour is proud of their American heritage and loyal to the for educators with courage, dedicated to the traditions of democracy. However, it is basic supremacy of law, unafraid to support American communist strategy to further communist objec• principles, and determined that the communist tives with noncommunist hands, and this is conspiracy shall not dictate the policies of free exactly what is happening on some college institutions.

~ e:BRUARY 1, 1967 JOHN HOOVER, Director. Handgun

Cartridge

Tests

JOHN J. HEIDTKE Effective law enforcement is a product of many vital attributes West Covina, Calif., Police Depart- of superior police work. The ability to solve problems, large ment • or small, is one of these significant attributes. This article pre• sents a good illustration of problem solving by telling how the West Covina, Calif., Police Department conducted tests to select a standardized cartridge for the use of its officers. ..

ustained gunfights in law enforce- officer B, who has arrived on the Sment work occur infrequently, ex- scene to assist, and ask for ammuni- cept in the movies and on television. tion, only to find that the cartridges •• Nevertheless, the possibility always used by officer B will not fit his gun. exists that an enforcement officer As a result, the gunman firing at the ­oj. may become engaged in a gun battle two officers would still only have to in which he will expend his supply deal with the firepower of one weapon. of ammunition. To preclude an incident of this At such a time, it could be most nature and to insure that its officers disconcerting for officer A to tum to are equipped with ammunition which

2 FBI Law Enforcement B "• Explosive effects of a .357 Magnum cartridge 11 58 Grain Soft Point, at 1,275 f.p.s.! in clay.

will meet certain standards and re- the other weapons. The only exception vations that the .38 Special cartridge quirements, the West Covina Depart- is the .357 revolver which will accept in its factory­loaded form will not ful- ment decided to conduct a study of the .38 Special cartridge. fill its intended function; that is, to 3. By actual count, 80 percent of the reg- cartridges and to adopt a standard, ular personnel carried the .357 as their stop a suspect immediately .from what uniform cartridge for the use of its uniform revolver. A large number of he is doing. The general consensus personnel. these officers also used the .357 is that if a suspect completes the action cartridge. for which he has been shot (for in- Existing Conditions The problem encountered here is stance, knifing someone), then law that the cylinder of the .38 Special enforcement has failed. At the time this study was begun, revolver will not close on the .357 the following conditions existed in the cartridge seated in the chamber. This Study Guidelines West Covina Department: is because the .357 cartridge is ap- The goal of our study was the selec- 1. Firearms being carried by onduty per- proximately %0 inch longer than the sonnel, both uniform and plainclothes . 38 Special cartridge. Both rounds tion of the best cartridge possible . officers, were: are the same caliber. The following guidelines were estab- (a) .38 Special revolver. As is the case with many agencies, lished: economy, uniformity, versatil- (b) .38 Long revolver. the West Covina Department did not ity, accessibility, training, and stop- (c) .357 revolver. ping power. (d) .38 Super Automatic. issue a standard round of ammunition (e) .45 Automatic. to its personnel. Officers were ex- The scope of the study was to: 2. Each firearm uses a different cartridge, pected to provide their own supply. 1. Determine by scientific analysis which • which will not fit into the chambers of Most of our officers have some reser- cartridge would give the best perform·

~bruary 1967 3 ance under carefully controlled condi- tions_ 2_ Recommend on the basis of empirical evidence which cartridge should be adopted_ Ten cartridges were selected for the following tests: L Velocity tests with a chronograph. 2. Explosive effects in soap. 3. Explosive effects in clay. 4. Sheet metal penetration. 5. Sheet metal angle penetration. 6. Plywood penetration. 7_ Accuracy from rest. Cartridge criteria:

L All bullets were of lead construction, Cartridges tested include {left to righth .38 Special, 200 Grain; .38 Special, 158 Grain; .357 including such types as half jacket and Magnum, 158 Grain Keith­Type lead; .357 Magnum, 158 Grain Soft Point; .41 Magnum, 210 gas check bullets. Grain Keith­Type lead; .41 Magnum, 210 Grain lead Soft Point; .44 Special, 246 Grain; .44 Magnum, 240 Grain; .45 Auto Rim, 230 Grain; and .45 Automatic, 230 Grain. 2_ Only factory­loaded ammunition was used. The purpose of the cartridge study Cartridge D Cartridge F was to provide adequate protection for .357 Magnum, 158 Grain Soft Point, manu- .41 Magnum, 210 Grain Lead Soft Point, factured by Remington­Peters Cartridge Co. manufactured by Remington­Peters Car- the citizens and the police officers of Factory rated at muzzle velocity, 1,550 f.p.s.; tridge Co. Factory rated at muzzle velocity, this community. There are many muzzle energy, 845 ft.­lbs. in an 8%­inch 1,500 f.p.s.; muzzle energy, 1,193 ft.­Ibs. in types of cartridges available, each one barrel. an 8% ­inch barrel. designed to fulfill a specific purpose_ Cartridge E Cartridge G This study compared 7 characteristics .41 Magnum, 210 Grain Keith­Type Lead, .44 Special, 246 Grain Lead Round Nose, of 10 cartridges in an effort to select manufactured by Remington­Peters Car- manufactured by Western Cartridge Co. the one that would provide the best all- tridge Co. Factory rated at muzzle velocity, Factory rated at muzzle velocity, 755 f.P• round service and protection. One of 1,035 f.p.s.; muzzle energy, 600 ft.­Ibs. in muzzle energy, 311 ft.­lbs. in a 6%­in an 8%­inch barrel. barrel. the most important characteristics sought was shocking power, enough to stop immediately the most determined criminal from completing any cnmI- nal act.

Cartridges Used

Cartridge A .38 Special, 200 Grain Round Nose Lead, Super Police, manufactured by Western Cartridge Co_ Factory rated at muzzle ve- .. locity, 730 feet per second (f.p.s,); muzzle Guns used in the study energy, 236 ft.­Ibs. in a 6­inch barrel. include: (11 .38/44 Smith Cartridge B & Wesson, (2) .357 Mag- num Colt, (31 .41 Mag- .38 Special, 158 Grain Round ose Lead, num Smith & Wesson, (4) High Velocity, manufactured by Peters Car- .45 A.C.P. Smith & Wes- tridge Division. Factory rated at muzzle son, (5) .45 Automatic velocity, 1,085 f.p.s.; muzzle energy, 413 ft.- Colt, and 16) .44 Mag- num Smith & Wesson. Ibs. in a 6­inch barrel. Cartridge C .357 Magnum, 158 Grain Keith­Type Lead, Lubaloy, manufactured by Western Car- tridge Co. Factory rated at muzzle velocity, 1,410 Lp.s.; muzzle energy, 695 ft.­lbs. in an 8%­inch barrel. 4

4 FBI Law Enforcement BUlle. Cartridge H Barrel: 5 inches. Magnum, 240 Grain Lead, Gas Check, Sights: Front, Ramp style; rear, fixed type. Dufactured by Remington­Peters Car- Cartridges fired: J. f Idge Co_ Factory rated at muzzle velocity, Gun No.6 1,470 f.p.s.; muzzle energy, 1,150 ft.­lbs. in a 6%­inch barrel. .44 Magnum Smith & Wesson, model 29. Caliber: .44 Magnum, .44 Special. Cartridge I Number of shots: 6 . .45 Auto Rim, 230 Grain Lead, manufac- Barrel: 6% inches. tured by Remington­Peters Cartridge Co. Sights: Front, %­inch S. & W. red ramp; Factory rated at muzzle velocity, 805 f_p_s.; rear, adjustable click, white outline notch. muzzle energy, 331 ft.­Ibs. in a 5%­inch Cartridges fired: G and H. barrel. Cartridge J Velocity Test .45 Automatic, 230 Grain Lead, Full Jacket, manufactured by Remington­Peters Car- The actual velocity of the 10 car- tridge Co. Factory rated at muzzle velocity, tridges used in the test was determined 850 f.p.s.; muzzle energy, 369 ft.­Ibs. in a by using a muzzle velometer. The fol- 5­inch barrel. lowing results were recorded: Guns Used in the Study Cartridge A: .38 Special, 200 grain, 713 Chief Allen W. Sill. Gun iVa. 1 f.p.s. Cartridge B: _38 Special, 158 grain, 980 .38/44 Smith & Wesson, Outdoorsman f.p.s. Army, and published in 1914 by au- Model 23. Cartridge C: 357 Magnum, 158 grain, 1,166 t)lority of the Secretary of War, "the Caliber: .38 S. & W. Special_ f.p.s_ term 'explosive effects' is in a meas- Number of shots: 6. Cartridge D: .357 Magnum, i58 grain, 1,275 Barrel: 4 inches. ure confusing because it conveys the f.p.s. impression that the wound is the result Sights: Front, %­inch plain Partridge; Cartridge E: .41 Magnum, 210 grain, 963 rear, micrometer click sight. f.p.s. of an explosion, or explosive bullet. Cartridges fired: A and B. Cartridge F: .41 Magnum, 210 grain, 1,287 The term is entirely descriptive, and M n No.2 f.p.s. it owes its origin to the similarity in • Magnum Colt, Trooper Model 1­4. Cartridge G: .44 Special, 246 grain, 725 the appearance of a wound caused by f.p. s. Caliber: .357 Magnum_ an explosive ball per se, as compared Number of shots: 6. Cartridge H: .44 Magnum, 240 grain, 1,510 Barrel: 4 inches. f.p.s. to a bullet having sufficient velocity Sights: Front, %­inch Ramp type; rear, Cartridge I: .45 Auto Rim, 230 grain, 800 and energy to show a corresponding Accro adjustable. f.p.s. lesion when a proper impact is made, Cartridges fired: C and D_ Cartridge J: .45 Automatic, 230 grain, 805 .as for instance, against resistant bone. f.p.s. Gun No.3 "As a rule the entrance wound pre- .41 Magnum Smith & Wesson, model 58_ sents no special features. In a few Explosive Effects Test Caliber: .41 Magnum. instances it may contain bony sand. Number of shots: 6. When a resistant bone has been hit, Barrel: 4 inches. For the explosive effects test, the Sights: Fixed. bullets were fired pointblank from a the area of fracture shows loss of sub- Cartridges fired: E and F. distance of 5 feet into a fixed stack stance, the bone will have been finely comminuted, the pulverized bont< will Gun No.4 of three 51h­ by 6%­ by 21h­inch soap blocks. These soap blocks were appear not only in the line of flight of -J .45 A.C.P. Smith &Wesson, model 25. custom cut from large slabs produced the bullet but in all directions; viz., at Caliber: .45 Auto­Rim. right angles to the channel and back- Number of shots: 6. from the same batch and all cut on the ward into the wound of entrance. .. Barrel: 6% inches . same day to insure uniformity of Sights: Front, %­inch plain Partridge; rear, hardness. Pulpification of the tissues will be adjustable. noted along the parts adjacent to the Cartridges fired: I. Meaning of Term channel made by the bullet and for Gun No.5 some distance beyond. The exit According to Col. Louis A. La- wound is large and lacerated with the .45 Automatic Colt, Governmen.t Model 1911; A­ I National Match . Garde in his famous study, "Gunshot appearance of an explosion having ... Caliber: .45 automatic_ Injuries," prepared under the direc- occurred from within. Torn muscles, ~ ..mber of shots: 7_ tion of the Surgeon General, U.S. tendons, and at times lacerated nerves,

ebruary 1967 5 mingled with pieces of bone, protrude from the injured parts. The chan. from the wound of exit is fun. _ shaped with the base of the funnel corresponding to the exit wound and the apex at the seat of fracture. "Bony structures are not alone in showing these marked lesions with high velocities. Some observers have noted explosive effects up to 500 yards with the reduced caliber bullet in • ENTRf1NCE "very vascular tissues, cavities filled with liquid, semiliquid, or viscous

Effect of Cartridge A on entering soap blocks. masses, such as the heart, skull, stomach, intestines, etc.' " "True cause of explosive efJects- If we bear in mind the factors neces- ,. sary to produce explosive effects• namely, velocity, sectional area, de• formation, and resistance on impact• we have to recall the fact that all these factors have abided with us, except the high velocities, since the early his• tory of firearms. The latter ap• peared with the perfection of the mili• tary rifle. Of the factors mentioned which relate to the projectile, vtloca is the most potent, and next in or. come sectional area and deformation. "The velocity of the old Springfield EXIT rifle bullet was 1,300 f.p.s. and that of our present rifle bullet is 2,700 Explosive effect of Cartridge A on exiling from soap blocks. f.p.s. The energy of the Springfield bullet was 1,879 foot-pounds while ~ . the energy of the U.S. magazine rifle ® .38 SPECIRL (now called the New Springfield rifle) bullet is 2,400 foot-pounds. Al• ~OO GRRIN IfOiJNONOS£ LEMJ 7/3FPS though the velocity has been doubled, we find that the energy has not been increased correspondingly. This is due to the diminution of the sectional area and weight of the smaller bullet. The weight of the bullet was reduced in the change mentioned from 500 to 152 grains, while the velocity was doubled. The 152-grains jacketed bullet impressed with a remaining ENTRflNC£ velocity of 1,300 f.p.s., which was the EXIT maximum velocity of the Springfield's 500-grain bullet, shows no explosive effects. If it travels at its maximum Cross section of soap blocks after Cartridge A was fired. speed, 2,700 f.p.s., or thereabouts,

6 FBI Law Enforcement Bullettn causes enormous destructive effects so that we must attribute its power to destroy tissues to its superior velocity. When the two guns mentioned are shot side by side, at similar ranges, into parts offering the same resistance, it is found that the explosive effects of the two bullets are the same for the • proximal ranges up to about 350 ~ yards, and they continue to be equally ENTRf1NC£ severe with the smaller bullet up to 500 yards. On the skull of cadavers with brain and scalp in situ; we have

Explosive effects of Cartridge 0 fi red into stack of three soap blocks. noted all the appearances of explosive effects as far as 900 yards. . "If one will examine the foyer of fracture and the funnel· shaped chan· nel leading to the wound of exit as a result of a gunshot injury by the heavier lead bullet at proximal ranges, he will find pieces of the disintegrated lead from the bullet, and bone par· [ ~ ticles, dispersed in all directions as r already explained. It is most evi· dent from a study of the force which caused these particles to penetrate the r tissues that they were made to act as secondary projectiles by some of the EXIT energy of the bullet, which was trans• ferred to them at the moment of im· pact. In cavities containing fluid contents, the fluids are dispersed and

Effects of Cartridge 0 at exit from soap blocks. part of the energy of the bullet is transferred to particles of water or l • fluid masses. They in turn are pro· @ pelled from their original positions to .351 !1RGNUf1 act as secondary projectiles. 158GRRINSlJFTI'OINTl.ERD I.17S FPS "The true cause of explosive effects r> may be said then to be the transfer of energy from the bullet to particles of its own composition when it disin· tegrates, as well as to spicula of bone, or particles of fluid, or soft tissues. r The amount of destruction is measured ... by the degree of energy inherent in • the bullet, and we should add that the latter depends upon the velocity which EXIT ENTRflNC£ the projectile possesses at the time of impact. Sectional area and deforma• tion of the projectile favor destruction of tissue, but they are not essential, A Cross section of soap blocks showing effects of Cartridge D. since small jacketed bullets that show

~bruary 1967 7 ,. no deformation upon colliding with distance of 15 feet into 10 sheets of 22- %­inch five­ply Simpson Douglas Fir resistant bone at close range exhibit gage hot­rolled black iron. The 18· plywood, 24 by 24 inches. Each sl explosive effects bearing close similar- by 18·inch sheets were mounted 2 was separated and nailed to four ity to those instances when the en- inches apart on four %­inch threaded inch­square redwood blocks. velopes and core of the bullet undergo rods and held in place by %.inch nuts In the plywood penetration test, 1 fragmentation." front and back. four of the eight cartridges fired pene- Bullet H, the .44 Magnum, 240 trated through five sheets of the ply· grain, with a velocity of 1,510 f.p.s., wood. These were cartridges D, F, ... In Summary penetrated 9 of the 10 metal sheets. H, and J. Three cartridges, B, C, and 1. The military abandoned the heavy, slow No other bullet equaled this number E, cleared four sheets of the plywood .45 caliber rifle bullet in favor of a of sheets penetrated; however, bullets while the remaining three cartridges, light, high·speed .30 caliber because F and J, the .41 Magnum, 210 grain, A, G, and I, penetrated three sheets of its superior velocity produced enormous 1,287 f.p.s., and the .45 Automatic, plywood each. destructive effects. 2. Velocity is the most potent factor in 230 grain, 805 f.p.s., respectively, producing explosive effects. penetrated eight sheets ea·ch. Next Accuracy Test 3. Explosive effects produce mass destruc· in line were bullets D, C, E, B, and I tion of all tissues, not only in the line of which penetrated seven, six, five, four, Accuracy tests were conducted on flight of the bullet but in all directions. and three metal sheets, respectively. an outdoor range during daylight 4. From the above·described destruction, it Bullets A and G showed the least hours. The bullets were fired point. may be surmised that there is a high amount of penetration power accord- blank from 25 yards into National I... correlation to "knock down" or "stop· Rifle Association official 25­yard tar­ ~ ping power." ing to the test, each clearing only two sheets of metal. gets, No. B­15. From a bench­sand- bag rest, with the shooter seated, the ." Explosive Effects in Clay Angle Penetration Test revolver was sighted in each time on the same portion of the target for each Ten 5· by 6­ by 5·inch blocks of For this test the cartridges were shot. The revolvers were cleaned ~ molding clay were all taken from the fired from a distance of 20 yards into and inspected for leading prior tol same batch of clay. Each type of two sheets of 22­gage galvanized beginning of each of the tests. cartridge was fired into its own block sheet metal. The 2­ by 3·foot sheets shooter was the same for each test of clay pointblank from a distance of ~ I were mounted 2 inches apart on six and took frequent rest breaks in order 5 feet. %­inch bolts and held in place by to reduce the effect of fatigue. Two Cartridges A, B, G, I, and J pro- nuts front and back. targets were printed for each type of duced holes of varying degrees in the The sheet metal was rested on an round. The scores of the two targets ... clay. Cartridges C, D, E, F, and H earth bank which was constructed at were then averaged for a final score. exploded the clay blocks in the same a 45·degree angle. The cartridges Distances between the two farthest manner as shown in the photograph. were fired from a prone· rest position. prints were measured center to center j(' The cartridge being fired in the Two cartridges, F and H, had suf- and given a numerical value in inches. photograph was cartridge D. ficient force for complete penetration (See chart on page 26.) It would be reasonable to conclude of two sheets of metal in the angle test. (- that bullets C, D, E, F, and H caused Cartridges D and J ruptured the sec· Trajectory Test their clay blocks to explode because ond sheet of metal but ricocheted Laws of gravity state that a bullet, ~ they were considerably more efficient away. Cartridges B, C, and E rico· regardle s of it speed and weight, if in releasing their energy in 6 inches cheted off the second sheet of metal fired horizontally, will drop 16 feet of clay than the other bullets were. while cartridges A, G, and I failed to penetrate the first sheet of metal and on its first second of flight. This • 4 High.speed energy release produced ricocheted away instead. means that bullet A would travel 713 these explosive effects which are feet in 1 second if it were fired hori- • highly correlated to velocity, sectional zontally to and 16 feet above the Plywood Penetration Test area, deformation, and resistance on ground. impact. For the plywood penetration test, In the trajectory test the 10 car- For the metal penetration test, the the bullets were fired pointblank at a tridges tested were fired to determine bullets were fired pointblank from a distance of 15 feet into eight sheets of (Continued on page 25) •

8 FBI Law Enforcement BUlle.

..

Conservation officer checks hunter's limit of ducks.

Enforcement of Fish GOLDEN B. PEAY Chief, Law Enforcement Division, Utah State Department of Fish and Game, and Game Laws Salt Lake City, Utah

This article tells of the responsibilities and operations of the Law Enforcement Division of the Utah State Department of Fish and Game.

An alert conservation officer of the off the land. The usual surveillance Utah State Department of Fish and techniques could not be used in the Game, while patrolling in the north observation of the three men because Sanpete area, on May 28, 1966, ob• of their alertness. The conservation served a truck-drawn horse trailer, officer returned to his base and ar• shortly before sunup, pull into a re• ranged for the department airplane to mote, inaccessible forested area. fly him over the area to determine the Using his binoculars, the officer recog• activities of the alleged poachers. nized three men known as local The departmental pilot and the con· ttoachers who had in the past lived servation officer quickly spotted the

February 1967 9

241-678 0 - 67 - 2 truck and trailer hidden in the forested game law enforcement conservation -.. area and subsequently located three officers are all classed as mis. horsemen apparently in the act of meanors under Utah State law a .. hunting deer. are punishable by imprisonment in a Returning to the area by truck, two county jail for a term not exceeding 6 conservation officers walked a mile months, a fine in any sum less than and a half between two canyons to a $300, or both. previously selected observation post The policies of the Utah State De• close to the spot where the horsemen partment of Fish and Game are set had left their truck and trailer. Pa• by a five-man commission except in tience and watchfulness at this point matters pertaining to the big game were the techniques the officers seasons, which are under the jurisdic• employed. tion of the Board of Big Game Shortly, a rifle shot was heard in Control. the immediate area where the horse• .. men had been observed from the air Division Makeup earlier in the day. Several hours later, at sundown, the poachers re• Mr. John E. Phelps, Director, Utah State De• partment of Fish and Game. The law enforcement division is turned to their truck, unsaddled and one of six divisions within the fish .. hobbled their horses, and drove far• tions. Frequently, every technique and game department. The selection ther into the heavily wooded area. of good law enforcement must be em• of personnel for positions in this divi• The following day an additional rifle ployed to effectively enforce fish and sion is on the basis of prescribed per• shot was heard, and by dusk three men game laws. sonnel qualifications under a State were observed returning to their base As an example, 84 different charges merit system. camp with what appeared to be sacks were filed in Utah State courts last The law enforcement division, with of meat thrown across the saddles of year in regard to fish and game viola• other divisions of the State fish and two of the horses. Subsequently, tions. Arrest reports reflect a total game department, divides the Ste through observation it was deter• of 1,792 arrests for fish and game into five regional districts. Conserva• mined that two deer had been killed, violations in the year 1965. Total tion officers in each region are directly cleaned, sacked, and placed in the fines levied in justice of the peace responsible to the regional supervisor truck and the truck driven to a side courts amounted to $44,889.20. for carrying out all of the division's road where precautions were taken There were also 224 juvenile cases programs and policies within their to hide the meat from view while (persons under 18 years of age) assigned territories. traveling along the highway. handled during 1965 of which 62 The law enforcement division is At a predetermined point, the were closed with the juveniles as• primarily responsible for enforcing conservation officers stopped the signed to work 777 hours by the all of the fish and game laws, regula• truck, located the sacks, and confis• juvenile courts. Many of these tions, and proclamations as estab• cated the illegally killed deer. The hours were spent working in the Utah lished by the Utah State Legislature, men in the truck were placed under State fish hatcheries. Two youths the Fish and Game Commission, and arrest, a .30-.30 rifle seized, and were assigned to write themes on fish the Board of Big Game Control. The .. thereafter the men were arraigned and game conservation. divi ion is made up of a chief and one before a local justice of the peace in assistant at headquarters. a neighboring town. The poachers Loaded Gun Statute During hunting and fishing sea• were fined $125 each by the justice of sons, special deputies are appointed the peace for killing deer out cd sea• The Utah State Fish and Game De• who serve without pay and are usu• son. With the levy of the fines, a partment law enforcement officers also ally representatives from sportsmen's successful investigation was com• have under their jurisdiction a Utah organizations. Their assistance is pleted. State statute which prohibits the welcomed. Utah State Fish and Game law en• carrying of a loaded gun in vehicles. The problems of wildlife law en• forcement con ervation officers en• Nine arrests were made for violations forcement do not differ from those counter a wide variety of fish and of this statute last year. Violations of any other type of law enforcement. game violations in their daily opera- subject to arrests made by fish and To reduce the problem of fish ae 10 FBI Law Enforcement Bulletin • Above, officer assists fisherman in weighing prize catch.

~ Near right, radio equipment is on Utah Highway Patrol frequency.

Far right, routine check made at a mountain lake.

eelow, department officials ex• amine ducks and geese confiscated from violators.

• game law enforcement to its simplest and shall follow the same procedure to appear in court. The notice must form, it can be said that the mission in making arrests and in the handling contain the name and address of t. of the conservation officer is twofold: of prisoners and the general enforce• arrested person, the offense charge First, the prevention of fish and game ment of the Utah State Fish and as well as the time and place such law violations through support of a Game Code as other peace officers ...." person will appear in court. The time well­informed, cooperative public and This designated authority cannot specified in such notice to appear consistent patrol activity; and second, be transgressed. Conservation offi• must be at least 10 days after the the apprehension of law violators_ cers do not have the right to make an arrest unless the person arrested shall The conservation officer should arrest for violations of other State, demand an earlier hearing. Any per• make it his first duty to educate his county, or city laws except as a citi• son arrested under Utah State law community to cooperate in the con• zen; however, some conservation offi• must appear before a magistrate servation of wildlife through the en• cers are deputized as special county within the county in which the offense forcement of fish and wildlife laws_ deputy sheriffs and make arrests in charged is alleged to have been com• He should strive to limit law viola• that capacity. mitted and who has jurisdiction over tions through public understanding, such an offense. Any person willfully education, and respect. Arrest Attitude violating his written promise to ap• Fish and game laws must be en• pear in court is guilty of a misde• A fish and game conservation offi• forced by the conservation officer in meanor, regardless of the disposition a fair and impartial manner, and by cer when making a fish and game of the charge upon which he was the same token he has the responsibili• violation arrest, like an officer of any originally arrested. ity for making the decision as to law enforcement agency, must be in • The most successful method of en• whether or not an arrest should be complete control of the arrest situa• made as a result of his investigation tion. A desirable attitude is one of forcing laws and regulations in regard and surveillance_ The conservation pleasant firmness. It is important to officer should cooperate with and remember that the officer is backed ARREST DISPOSITIONS assist officials of other State, county, by the law and that he is at the mo• local, and Federal agencies whenever ment the official representative of the The FBI has always stresseA requested. The good will created State. An arrest without a warrant, the necessity for prompt subm. through such cooperation may bring which frequently occurs in enforce• sion of final disposition data to valuable assistance from these agen• ment of fish and game laws, may be the FBI Identification Division in cies at some future date. made only if the misdemeanor was cases in which arrest fingerprint committed in the officer's presence. cards have previously been for• On the other hand, the officer can His Authority warded. make an arrest for another misde• During these times of increas• The manner in which the conserva• meanor, such as illegal possession of ing crime and lawlessness, the tion officer effects an arrest, the same fish or game, if such an offense is FBI again stresses the importance as in any other law enforcement offi• committed in his presence. Any cer's operation, will have a definite hunter or fisherman arrested without and urgency of having complete bearing on the outcome of the case a warrant by a conservation officer records of past arrest cases. In when• it is presented in court and will has the right to be taken to a magis• this respect, fingerprint contribu• certainly enhance the officer's and the trate without unnecessary delay. A tors are reminded to submit the department's reputation with the complaint stating the fi h and game final disposition of an arrest for public and other law enforcement violation must then be filed immedi• each case in which they have agencies. ately by the officer. previously submitted an arrest The authority of the Utah State Utah State Fish and Game Depart• fingerprint card without giving Fish and Game conservation officer i ment policy is such that when a per• the final disposition. as follows: "The Fish and Game Com• son is arrested for any violation of Emphasis is placed on the need mission, the tate Fish and Game Di• the tah Fish and Game Code, and of forwarding only'such disposi• rector, and the deputies and warden such person cannot immediately be tions as "released," "acquitted," shall enforce the provisions of the taken before a magistrate, the arrest• and, where conviction occurs, the tah tate Code and for uch pur• ing officer shall prepare in duplicate exact penalty imposed. poses they shall have the same power a written notice to the arrested person

12 ~ i~G,-71(il)~ 11/;..9/£6 FBI Law Enforcement Bulletin tenC{ ru.r2c~~v ~) fJ/12/{,c" ,'LL '-______--'~""__'_'_...L kYL ~ , J}, J • /" "' ,~ '____"'__L______L__L_ ~ __~ _L'.______to fish and game matters has been National Rifle Association's uniform of firearms safety and 12 hours of a rol of assigned districts in trucks, hunter casualty report form. The survival training and field safety. • W h marked and unmarked, and the resulting statistical study encouraged There are 60 men in the lawen- use of airplanes. Many of our areas the State to inaugurate a hunter edu- forcement division. All field person- require the use of a boat for patrol cation and accident prevention pro- nel vehicles are equipped with two- actIvIty. The officer must have a gram which is under the direction of way radio equipment on the Utah thorough knowledge of his district. the law enforcement division with as- Highway Patrol frequency, giving He should know where the fish are sistance from the information and statewide coverage at any given time. most plentiful and where the various education division. The pickup trucks are equipped with types of game can be found during To date, over 3,700 instructors Handyman jack, tow chain, spotlight, any particular season. have been trained by officers, and flashlight, stop signs, flares, and first The officer is trained to be on the since 1957 more than 70,000 students aid kits. Most officers carry some lookout for anything unusual and to have been trained in hunter safety and camping equipment, sleeping bags, determine, if possible, what activities survival trammg. Utah's hunter and guns and are prepared to camp are going on in his district. He may safety law requires that those under out if necessary. find it necessary at times to set up the legal age of 21 must complete this The continued elf orts of the Utah roadblocks when there is a reason to training before any hunting licenses State Fish and Game Department to believe that law violations have can be purchased. The minimum provide optimum hunting and fish- occurred and the violators may be course of instruction is 8 hours of ing for the sportsmen of Utah and traveling through certain areas. firearms safety instruction with a neighboring States directly affect the Checking stations manned by con· preferred maximum course of 20 work to be performed by conservation servation officers are set up when hours, of which 8 hours must consist officers. r necessary for checking fish and game violations as well as determining the number of hunters and fishermen in a given area, including the percentage a take per bag of both fish and game. _ one checking station in southern Utah, thousands of out· of­state hunters are checked annually. The law enforcement conservation officer obtains this information to assist in improvement programs of the Fish and Game Commission. A conservation officer is frequently called upon to conduct classes for public information, to promote landowner­hunter relations, and to prepare reports and recommendations regarding fish and game problems in a given area. He may be required to track and skin fur bearers; supervise private permit trappers; tag beaver pelts as to ownership, etc.; and gen- erally determine violations in this regard. Many enforcement personnel an- nually spend countless hours assisting with the hunter safety program f· throughout the State. Firearms ac- cidents in Utah have been investigated Hon. James B. Parsons, u.s. District Judge, Chicago, III., was greeted by Director J. Edgar _dreported since 1955, using the Hoover on a recent visit to the FBI. February 1967 e The Year of the Civil Deli ·

HaN. MORRIS I. LEIBMAN* AHorney Chicago, III.

Many of our cItIzens seem to be suffering from a new malady­civil The author'. incuive and delinquency. This ailment ­ Ifivil lhe heart 01 many proble' delinquency­seems to strike all ages. believed hu addre•• at ,he ..4 Some of the kids are involved in Crime Commiuion, October political queations in a new way­a 10 our reader•. kind of panty raid approach to policy. The first stage of this disorder is called "wayout." The more "wayout" it gets, the more "in" it is. This is a new kind of logic that seems to mean that the sillier it is the better it is. bit a dog, that would make headlin. Some of the common symptoms of Today you probably couldn't get t • civil delinquency are tantrums and kind of headline because we seem exhibitionism. Other symptoms in• to be in an era when all the news is clude violent pacifism and dirty tricks. about man biting man. We seem to Also, one of the aspects is worship of be involved in a national bad dream• fire-burning crosses or burning draft an LSD orgy-a kind of escape from cards, burning stores or burning cars. reality into the world of mirage-the Among the middle-aged, one of the world of UFO's and IFO's. most widespread symptoms appears in Once upon a time freedoms and You know about UFO's-Uniden• the form of the self-appointed expert rights, debate and discussion, meant tified Bying Obj ects? I cannot get with all the instant solutions. These stability, reason, and responsibility. very excited about UFO's because I am people conduct a kind of off-Broad• Somehow, today, these basic concepts much more troubled about IFO's• way political voodoo show that repre• have been debased to include coercion, Identified Flying Objects-mischie• sents a modern Don Quixote riding in provocation, incitement, violence, and vous immaturity, infectious ignorance, a souped-up sports car. We need destruction. "chip on the shoulder" protest, and these self-appointed experts as much Once upon a time if a dog bit a arrogant irresponsibility. These as we need "do-it-yourself" brain man, that wasn't news-but if a man IFO's are manned by pilots. These surgeons. At least such a "do-it• IFO pilots can be properly described yourself" surgeon risks only one per• -Mr. Leibman is aenior law partner of Leibman, as the civil delinquents. son at a time. William., Bennett, Baird, and Mioow in Chicago. He is a member of President lobnlan', Panel of ConsuIt· Mind you, I am delighted that our ants on International AHain and National Security The Label Makers free society permits this childish non• and is chairman of the American Bar A••ociation'. Standing Committee on Education and CommuDiam. sense, but we have the right-probably Me. Leibman is alao a member of many otber boards Let's look at some of these civil de• the duty-to challenge this foolish and panel' dealing with national aecurity and Itrategy. linquents. What about the label mak• He i. a lecturer and an author and i•• native of behavior. Chicago. ers ? You know them. The la ~

14 FBI Law Enforcement Bulle. obeys traffic rules. "He" doesn't Among the civil delinquents it is fudge on his income tax; "he" never the .fad to claim "police brutality" on shuns jury duty; "he" always cooper- every occasion. You notice they al- ates with the police; "he" is very ways use the same two words "police willing to testify in any case; "he" brutality"­never manhandling by ~ ent doesn't mind getting involved; and police, assault by police, beating by "he" never avoids controversy. police. This concept of police bru- The civil delinquent has a precon- tality stems from a special freedom ceived notion of what hate is. Of granted in America and a few other course, "he" has no hate or prejudice. societies in the history of the world. It is the other fellow. But just Simply stated, it is that even if you are imagine what the civil delinquents a criminal, the law officer, who is the would have said if the accused killer only one who has a right to use force, of eight nurses had not been white; or may not use excessive force. This the mad killer at Houston or the assas- special freedom has now been per- sin at Dallas had not been white men. verted by the civil disobedient into a Remember the morning after the shock notion that the policeman cannot use trative remarks go right to of Watls? As the civil delinquent any force. (ng Americans today. It is walked down the street and saw non- Let's get this straight. The creator ublic Meeting 0/ the Chicago whites going to work, can you imagine of brutality is the man who fails to 66, wUI be o/special interest what he was thinking? obey a police command, whether it is "come with me" or "move on." The The Hooters moment that person, of any color or race, refuses to comply peacefully Another type of civil delinquent is and promptly, he is the man who com- the hooter. I have never understood pels force to be brought into play. kers suffer from a tyranny of eate- that free speech involved the right to One of the basic theories of the eries. This civil delinquent doesn't disrupt public hearings of any kind. Judeo­Christian code and Western want to think about issues. He just I don't think the spectators at the U.N. civilization is reason­not force­­and wants to make categories. He can do or at a House committee hearing, or a the citizen who fails to obey a police it by color­the other fellow is red, Senate committee hearing, or a city command is violating a basic funda- pink, or pinkish. The civil delinquent council, have a right to shout, inter- mental of civilized society. The min- oan do it by pigment of skin­the other rupt, or interfere with the procedures ute that he forces the officer to touch fellow is anti­Negro or antiwhite; an as conducted by the authorities. If him, the civil delinquent has trans- integrationist or a segregationist. the civil delinquents have any objec- formed a conflict of opinion into a And, of course, the other fellow is tions of substance or form, this should conflict of physical violence. always a liberal or a conservative, or a be handled through legislation and Thus, the refusal to move, the ly- leftist or rightist. The civil delin- legal process. ing down, the sitting down­though quent doesn't want to stop to analyze passive actions in themselves­are ac- the issues. He just invents new labels. The Shooters tually active criminal brutality for In order to classify the complexities they demand the use of physical force. of foreign policy, our label makers We've mentioned the "hooters," We have performed many miracles in have turned to ornithology. You're now what about the "shooters"­I this society, but until now we have not either a "hawk" or 'a "dove," with mean the "weapon­happy" men in found a nonviolent way to pull a living subclassifications of "owls," "chick- your community? Among all forms deadweight body from under a car ens," or "pigeons"­and don't forget of civil delinquency, this is the worst. or out a doorway. we also have a few "parrots." Whether he's a Minute Man, a Ku Let it be clear, once and for all, The civil delinquent is not only a Kluxer, or a RAM, the civil delin- that the culprit is not the officer; it label maker but he talks in cliches. quent who relies on weapons to effect is the civil delinquent. If the arrest 1. "He" is law a'biding; "they" are social justice really merits only one or command is improper, the resort the criminals. "He" never violates epithet­criminal. Let's start a sen- must be to legal remedies. e spirit or letter of the law. "He" sible disarmament program at home. What about the striking student? 4ebruary 1967 15 Where does he fit into this picture of moral man, they argue, is the man terest? Do those who practice and civil delinquency? Hasn't one of the who transcends the law for the higher promulgate disobedience to the 1_ really shocking spectacles of recent moral justness beyond. We would offer us a new system, a new society. times been the students sitting in at then be faced with each man making a meaningful choice? academic institutions? his moral decision outside of our Civil disobedience is impractical be• The history of civilization is the system. cause it makes an enemy of the law struggle of reason over force, and the I believe that the democracy we and offers no valid substitute. When right of an individual to attain his have created in this country is the most used as a mass tactic, it verges on highest potential as a human being by ideal system and environment a moral anarchy. Anarchy is the antithesis • the development of his mind. One of man could hope to find. For his con• of freedom and justice. To continue the majestic symbols of this historic cern with the natural law, the higher to practice it in the face of this reality struggle is the idea of a free univer• law, he is not banished-frustrated• and where social reform is operative sity where men can study and search from society. Rather, he is given is fanaticism. for the truth. It is the sanctuary of maximum avenues of protest. He is And a fanatic has been well defined the human mind. The academic given the remarkable opportunity to as one who redoubles his effort while struggle is with the forces who be• present his moral opposition to the law forgetting his aim. lieve in the physical and the mus• of the land through machinery pro• Civil disobedience is not a civil cular- not in the moral or the vided by the democratic framework. right. Civil disobedience is an im• intellectual. He is allowed-even encouraged-to plicit denial of the very political proc• The student civil delinquent violates improve manmade laws and bring ess that insures most of the rights that the whole concept of reason by using them closer to a higher moral law. those who disobey enjoy. Law pro• physical obstruction. Any student The voice in the courts, not on the tects the minority. That process de• guilty of such physical activity fails streets, will strike the "immoral" laws. serves and requires something better to understand the nature and impor• Some supporters of civil disobedi• from both the minority and majority. tance of the university to a free ence ask, "Isn't disobedience to a law Demagogy is not democracy. Prov• society. He ought to be treated one of the most accepted legal proce• ocation is not dissent. accordingly. dures for the testing of our substantive Unfortunately, however, it is muA Let's get straight on the youth issue. rights?" "Isn't it true," they ask easier and far more exciting to cau. .... I know it is going to be their world. "that disobedience fits well into this social disturbances than to undertake It has to be their world; and I want theory of democracy?" the painfully hard work for social them to have every opportunity to Certainly democracy allows us to progress. Any idiot can cause a riot .-4 learn and prepare. challenge laws in order to test them in and riots can become fads. And since What I resent is the refusal of the the courts through our unique ma• when are riots not an abomination? minority to use their great opportuni• chinery of justice. Remember that Since when are Molotov cocktails ever .. ties for equipping themselves for only one court decision is needed to justified? Since when, in a free so• tomorrow. change a law. The test case has never ciety, with all of its imperfections, is I don't object to having them now been considered civil delinquency. it a badge of honor to go to jail? and then stuff themselves into Volks• Civil delinquency is the counterfeit of Marching on jails? The first step is wagens, but let's not make the mistake orderly challenge! lynching. Is this the kind of society of letting anyone think that this IS Should the entranceways of this we want? It is the kind of society how you solve serious problems. room be blocked by pickets or demon• we are going to get if we continue to strators using the excuse of free be satisfied with street politics, with The Civil Disobedient speech, they would not-in my eyes• the ubstitution of drama for dialog. ) be civil demonstrators, but rather, Make no mistake about it. What is " ow-for the last and most com• criminal demonstrators. happening is aimed directly at the mon of the civil delinquents- the civil In effect they would be committing structure of our society. And it can• disobedient. assault and battery on our right to as• not end soon enough. It is claimed by some that civil di • semble here peacefully because such I think it is most appropriate that obedience is one of man's highest mob action destroys the dialog. Can the Chicago Crime Commission has .' moral acts; that a truly moral man is you seriously accept that it is neces• this year taken a firm :otand against t~ one who, encountering a law he deem sary to bring out the latent hostility the lawlessness called "civil disobedi• unjust, will disobey that law. The in the streets to advance the public in• (Continued 011 page 27) e i 16 FBI Law Enforcement Bulletin .. .,- , . ..

.,. •

Animal bears evidence of malicious branding by cattle rustlers. Cattle Rustling

attle rustling, a crime generally Cassociated with pioneering of the West, is still very much a modern­day problem. Rustling is not confined to any certain area of the United States, although a large percentage of the violations occur in the "cattle coun- try" States. Nor is it restricted with- in the boundaries of our country as there has been some traffic in rustled livestock across the Canadian and Mexican borders. WILLIAM G. CHENEY The cases presented here originated Executive Officer, in or entered into the State of Mon- Montana Livestock Commission, tana and were investigated under the Helena, Mont. jurisdiction of the Montana Livestock

February 1967 17 Commission. Others that are men- livestock leaving the State; inspection Two cases investigated in 1965 and ~ tioned reflect similar investigations of of livestock through the licensed live- successfully prosecuted in Fe. ~ stolen livestock in other States. stock markets in the State; and inspec- court at Havre, Mont., were U. . .. tion of livestock leaving each county. Louis Wayne StifJarm and U.S. v. Proteetitle Laws In addition to these duties­and most ClifJord Joseph Cole. These two men -f important and costly to both the pro- were involved in the theft of approxi- History shows that the problem of ducer and the livestock commission- mately 350 head of sheep from the rustling has been with us practically are the investigation and apprehen. Fort Belknap Indian Reservation in as long as brands have been used. sion of livestock thieves and investi- northern Montana. There are seven • (The brand is intended as a deterrent gation of reported losses of strayed or Indian reservations in the State of ~ to rustling as well as a mark of iden- stolen cattle. Montana. On these reservations, tification.) A study of laws in Mon- The basic premise of investigational cases involving interstate transporta­ ,- tana and other States reveals that one work is based on the following statute: tion of stolen cattle (U.S. Public Law of the first actions taken by territorial Section 94­2704, R.C.M., 1947. 217­known as the McCarran Act, " legislatures was to enact laws for the Grand larceny defined. Grand larceny is adopted August 1941, which made in· _ protection of the livestock producer. larceny committed with a felonious intent terstate transportation of stolen cat- Present­day laws have been modern- in either of the following cases: tle and carcasses of stolen beef a ~ ized, but the basic intent of protection 1. When the property taken is of value Federal crime) are under the investi­ " exceeding fifty dollars. of these original statutes has been gative jurisdiction of the Federal Bu­ \ 2. When the property taken is from the carried down through the years. reau of Investigation. Indian officers person of another. on the reservations, various sheriffs, ' The first chapter of laws establish- 3. When the property taken is a stallion, and State stock inspectors also have ing the livestock commission is headed mare, gelding, colt, foal or filly, cow, ~ by the words: "Livestock Industry- steer, bull, stag, heifer, calf, mule, investigative jurisdiction. Regulation by Livestock Commis· jack, jenny, goat, sheep, or hog. sion." Section 46­104, Revised Codes 4. If any person or persons shall steal, or Cattle Truek W reeked with intent to steal shall take, carry, of Montana, 1947, states: drive, lead, or entice away any mare, One case developed when a tr. ~ Duties and powers of commission. It gelding, stallion, colt, foal, or filly, load of stolen cattle was \vrecke .., shall be the duty of the livestock commis· mule, jack or jenny, ox, cow, bull, sion to exercise general supervision over, stag, heifer, steer, calf, sheep, goat, or the southeastern part of Montana. and, so far as possible, protect the livestock hog, being the property of another, he The FBI entered this investigation im· interests of the state from theft and dis· or they shall be deemed guilty of mediately as the case involved both ~ ease, and recommend from time to time grand larceny; and shall be liable to interstate transportation and theft of such legislation as will, in the judgment of the person or persons whose property livestock on an Indian reservation. In l' the commission, foster this industry. The is stolen for the said property or the commission shall have power to procure all value thereof, and for any expenses by this investigation two State and two • necessary and lawful process for the at· him or them incurred in endeavoring Federal cases were developed. Sub- tendance of witnesses, and to employ to make reclamation thereof. sequent investigations by the FBI and • counsel to assist in the prosecution of vio· To point up the problem in Mon- officers of the livestock commission lations of laws made for the protection of entered into at least a half dozen the livestock interests, and to assist in any tana, in January of 1965 there were lawful way in the prosecution of any per· 17 grand larceny (theft of cattle and States. A great deal of interesting in­ ' ons charged with any offenses against the sheep) cases pending trial. During formation was compiled which showed • laws of the state in feloniously branding or the year all of these cases, except one activities of interstate movement of tealing livestock, or any other crime or which has been continued, were re- stolen cattle. The most interesting ~ misdemeanor under any of the laws of the fact developed was that after the cat­ ,. state for the protection of the rights and solved either by court trial or by the intere ts of the stock owners. It shall also defendant's plea of guilty. One case tie leave what is known as the brand have power to make rules and regulations was dismissed, five subjects received area of the United States and enter • governing the recording and use of livestock suspended sentences, six received pris- into the feeding area of the Cornbelt • brands. on terms ranging from 1 to 25 years, States, the East, and portions of the Under these duties and statutes three were acquitted, one juvenile was South, no one requires the possessor ~ enacted into law, the livestock commis- released in custody of relatives, and of the cattle, whether rancher, pack. , sion is re ponsible for enforcement one case has been continued. Of inghouse, or feeder, to prove or show 4 of any laws pertaining to livestock in course, these cases represent only a ownership. In other words, stolen the tate of Montana; inspection of all small number of those investigated. cattle can easily be disposed of if "

18 FBI Law Enforcement Bulletin r are successfully moved through the the law, the rights of any defendant ~ . es where brand inspection is re- or persons under investigation, and red. This poses a serious problem the extremely important rights of the r~ to the livestock producer but is an easy individual in "search and seizure" and I "out" for the thief. "interrogation." : Much of the information gathered • in the investigations of 1960, 1961, A Federal Case and 1962 was given to officers of other f In one case a thief stole a beautiful States. This information materially and fancy herd of registered Hereford rJ assisted them and pointed out suspects cattle from a ranch in Missouri and in those States, some of whom have took them to a ranch in Montana...... ~ been apprehended in other nonrelated Figure 1. Mutilation of registered cow by The cattle were not branded at the ~Io cases. dehorning and earmarking, time of the theft, but the thief record- ed the brand TX on the left hip on Lessons Learned May 19, 1955, in the State of Mon- tana. When the cattle arrived in An interesting case involved three I ~ men who were transporting stolen Montana, they were dehorned, brand- ed, and pastured on a ranch leased by r" cattle to a slaughterhouse at night. the thief near Hardin, Mont. Officers had kept this dest,ination of stolen cattle under surveillance for at The mutilation (figs. 1 and 2) of r ~ least 30 days. Major lessons learned these fancy registered cows by dehorn- from this case were the need for thor- ing and earmarking was an indication ~~ .. ough training of State stock inspectors, of the callousness of the thief. The close cooperation of all law officers, cows were pets of the owner who could and retention of livestock commission identify each animal by name from pictures. _ neys who are familiar with the The sheriff of Big Horn County, FBI InS and outs" of livestock thefts, live- stock thieves, livestock laws, and the Agents, State stock inspectors, and of- ficers in Missouri conducted a thor- progress of cases being investigated. Figure 2. Stolen cow showing rustler's brand. Two convictions were obtained; one ough and painstaking investigation. defendant was found not guilty. of required proof of ownership after Vital evidence developed in this leaving the brand area, and the fast case was as follows: 1. Samples of soil taken from the truck Prosecution Difficult disposal of the "corpus delicti" and the hide, with the latter being moved and loading chute at Hardin matched soil samples taken at the scene of the theft. State or Federal livestock cases are into tanning factories in the East with- The laboratory of the FBI was able to ~ notoriously difficult to prosecute for in a matter of a few hours. Once determine that each sample contained a r # the reason that successful prosecution the hide has disappeared, any means certain mineral common only to a small depends on circumstantial evidence, of identification is gone. area in the State of Missouri where the cattle were stolen, • which in numerous instances must be As in all crimes, the investigation 2. The horns were found in the Big Horn gathered and compiled many months must be exact, must cover all facets of River and bore identification numbers after the actual theft. In the large the crime, and all evidence must be showing the registration numbers of the ~ range areas common to the West and properly obtained, identified, and pre- cows. The horns were identified with each ~ South, theft of cattle can be made in served. The investigating officers individual cow by comparison of size, angle of cutting, and matching of blood veins and the summer months and actual loss must have complete records and notes. grooves in the horns. It may be months before the trial will not known until late fall when the cat- 3. Evidence was found placing the thief tle are gathered for shipping or moved be held, especially in the less populated in the immediate vicinity of the corrals in on to winter ranges. counties of the States. Missouri ,~here the cattle were loaded. Investigation of a reported loss is Court decisions have resulted in the This case, without the cooperation necessarily complicated by the time requirement that investigating officers of all agencies involved, could have element involved, the fast­moving in livestock cases, as well as any other been just another investigation. W which leaves few signs, the lack case, know the law, the limitations of However, with the efforts of all, the

February 1967 19 case was successfully prosecuted in the in a Montana Statute. Section 46• Altering brands. Every person who Federal district court at Billings, 606. R.C.M., 1947 reads: marks or brands, alters or defaces.. mark or brand, of any horse, mare, Mont. The defendant was found Right of owner of recorded brand. The jack, jennet, mule, bull, ox, steer, cow, ca f, guilty by Federal jury and sentenced person, firm, or corporation in whose name sheep, goat, hog, shoat, or pig, belonging to • by the judge of the U.S. District Court any mark or brand is of record, as in this another, with intent thereby to steal the of Montana to 3 years and 6 months act provided, is entitled to the right to the same, or to prevent identification thereof exclusive use of such mark or brand on the by the true owner, is punishable by fine in the Federal penitentiary and fined species of animal and in the position desig· not to exceed five hundred dollars, or im· $2,000. nated in such record, and a copy of such prisonment in the state prison not to exceed record certified by the general recorder of five years, or both. • marks and brands shall be prima.facie evi• Reading Brands dence of such right; and such certificate Further, section 46-706, R.C.M., shall likewise be prima·facie evidence that 1947 states: The basis for all inspection work the person, firm, or corporation entitled to Brands fraudulently changed. When· is the brand, and in nearly all live· use such mark or brand is the owner of all ever a mark or brand upon any meat cattle, II stock theft cases, the evidence, prose· animals on which the same appears in the horse, or other animals has been fraudu· cution, and results depend on the position and on the species of animal stated lently altered, obliterated, or defaced, so brand or brands of the animal or ani• in such certificate. that the original mark or brand cannot be • I mals involved. In the case men• Branding is historical, dating back determined through the external inspection tioned above, the recording in Mon• to the hieroglyphics found in tombs thereof, any stock inspector or sheriff may A 1 seize and kill said animal to ascertain the tana in May 1955 of the brand TX, of the ancient Egyptians. It has mark or brand so altered or defaced, upon , left hip for cattle, by the thief was been the means of identifying live• paying to the owner the value of said vital in establishing prior intent, stock through these many centuries. animal. possession, and evidence of owner• The basis of a brand is a "hot iron." Figures 3, 4, and 5 show a brand ~ ship. Not many people outside the livestock that has been altered. Close exam· A qualified brand inspector can de• industry know the necessity, value, * ination by an experienced inspector ,• and long.term results of a good plain scribe a brand to an inspector a thou• would immediately determine that the )0• sand miles away by telephone so that brand. The brand in its healing original brand f¥ (written E Bar the exact brand to which he refers process forms scar tissue, making the Y connected) had been alteree is instantly recognized. Reading brand readable to a trained inspector make 91< (reverse B Bar K con• brands is a colorful language-the even through the regrowth of hair on nected) on the cow as shown in figure language of the cowboy and a living the animal. The brand often can be 3. Figure 4 shows brand after hair symbol of the West. It is usually determined on the live animal by feel• was clipped; one can now see the similar with some variations in dif• ing the outline of the scar -tissue, but additions to the f¥ made with a ferent States or areas. For example, sometimes the stock inspector must hot iron brand, changing the brand if a letter is read "lazy," the top clip the hair so the brand shows. into a 91< . Figure 5 shows the always lies or points to the left. In addition, and most important, is "story" from the flesh side of the hide. When a brand lies with the point ()r the permanency of the original brand This is the final and lasting proof. top to the right, the inspeotor must which in questionable cases can be Note how the original brand f¥ say the top is to the right. A letter determined from the flesh side of a (in reverse) can be seen from the scar ~ such as )- (450) is a "tumbling hide. A recent case involved the tissue grown from the original brand. T." A letter such as ..<. is a altering (changing the original char• walking "Y." A letter such asWis a acter) of a brand by reworking the "running W." A brand with two let• brand with a hot iron into another ters joined, such as H3 , is an and entirely different brand. "H B monogram." Brands are read The Montana statute on altering from left to right, top to bottom, and brands is in section 94-3504, R.C.M., outside to inside. TI1U @ is a 1947: "circle A." .Many brands arc a trademark, identifying the owner, the cattle, and the quality of the cattle. Thrse ATe known 88 "reputation brands!' Some of Importance of Brands thele hrands cannot be bought, as they are family heirlooms. handed down from generation to genera. The basic premise of ownership by tion . The brand is ,ita1 in the financial structure of the caule industry with notice of liena on livestock brand in all States is clearly defined filed for protection o[ financing organizations. Figure 3. Cow bearing altered brane 20 FBI Law Enforcement Bulletin I will not form the scar tissue necessary r to show the brand on the flesh side of i a hide. It is doubtful if it will ever I replace "hot iron" branding for estab- lishing ownership. But, it undoubt- edly will be adopted and made legal in some States as an age mark (number to show year the animal was born) or as a number brand in registered, • experimental, or individually owned herds to identify each animal for pur- poses of record keeping.

Rewards Given

One of the aids to law enforcement officers is the reward. Rewards for information leading to the apprehen- Figure 4. Brand after hair was clipped from hide. sion and conviction of cattle thieves are historical and have been used many years as a deterrent to theft. The rewards are paid to any person, other than an officer of the law, giving the information. These rewards are posted by State livestock associations andI or smaller county or regional associations in the various States. The rewards vary, depending on the membership of the associations, with the amounts running from $250 to $1,500. An owner having an un- known loss or theft will, on occasion, post his own reward which will often run as high as $5,000.

Enforcing the Law

As in all law enforcement, most of the work of the State stock inspector Figure S. Flesh side of the hide showing true brand. is to prevent crime by enforcing live- Then note that the additions made to ton State University, Pullman, Wash., stock laws. It is also true that the the original brand do not show on the has developed and is experimenting officer enforcing livestock laws, flesh side of the hide. The scar tis- with "freeze branding." This is a whether in Montana or anywhere else sue which in time will develop from revolutionary change with the basic in the United States, must (as all other the additions made to change the use of cold rather than heat. The officers have to) depend on the good, brand to EH< will never change the branding iron is cooled to at least a conscientious every­day citizen for as- appearance of the scar tissue on the minus 97° F. and placed on the ani- sistance in developing cases, furnish- flesh side of the original f-Y brand. mal. In 10 to 20 days after branding, ing evidence, and testifying in court. For many years a "hot iron" brand the hair where the iron was placed on In addition to inspection of brands, has been and still is the only way to the hide will grow out white. investigation of reported thefts and permanently identify livestock. How- Although much more research re- losses, prosecution of criminals, and _ r, Dr. R. Keith Farrell, Washing­ mains to be done, "freeze branding" establishing ownership of millions of

February 1967 21 cattle annually, the States of the (sheriffs, highway patrol, Federal Law Enforcement Academy, created "brand area" of the United States and Bureau of Investigation, U.S. Depart- by the State legislature in 1959 (.. . Canada have formed a National Live- ment of the Interior, and others). 75, ch. 52, R. C. M., 1947) , whic stock Brand Conference which meets Although livestock raising changes held each year at Montana State Uni- once each year and for special meet- materially from Louisiana to British versity, Bozeman, Mont. This acad- ings on call of the conference presi- Columbia, all member States of the emy has as its board of directors some dent. This conference originated in conference have the same basic laws of the best qualified, trained, and ex- the early 1940's as a joint meeting of for the protection of the producer, but perienced officers (State and Federal) the States of North Dakota, South we still have cow thieves. The rustler and attorneys in the State. Dakota, Wyoming, and Montana to makes it necessary for the livestock Classes are conducted by Agents of exchange information and to corre- producer to spend many hundreds of the Federal Bureau of Investigation, late activities on rustling. thousands of dollars annually to main- members of the Sheriffs' and Peace ~ The following States and provinces tain control, provide protection, and Officers' Association, members of the ~ " of Canada are members of this N a- establish ownership of their livestock. Montana attorney general's staff, tional Livestock Brand Conference: In order to maintain any control over county attorneys, and instructors

Washington, Oregon, Calif ornia, rustling, which is a multimillion dollar from the Law School, University of 1 Idaho, Nevada, Arizona, Montana, business reaching into every area of Montana, at Missoula, Mont. ~ : Wyoming, Utah, Colorado, New our country, the various State officials This training in investigation, study ~ Mexico, North Dakota, South Dakota, charged with enforcement of livestock of crimes and criminals, and instruc­ Nebraska, Kansas, Oklahoma, Texas, laws must and do cooperate with each tion in law on search and seizure, to ~J Louisiana, and Alberta and British other and other agencies to the full mention a few of the numerous sub- Columbia, Canada. This conference extent of the law, both State and jects covered, are the most important has acquainted all members with the Federal. forward steps in law eniorcement problems of each and has materially Montana has made in many years. ~ Training Facilities assisted better enforcement of live- This academy is outstanding in its stock laws. It has established a liai- In this article cooperation and need service to the citizens of Montana by son and working relationship between for more training of law enforcement training and establishing a cooPa the enforcement personnel of each officers have been mentioned. The tive effort against crime and cr ~ State as well as with other officers State of Montana has the Montana by all law enforcement officers.

CONFERENCES ON THE LAW ENFORCEMENT IMAGE

D uring the months of Septembel', A total of 245 conferences were held and described it as a viable and cohe- October, and ovember, 1966, law en- with 20,185 persons representing sive force to both detect and prevent forcement officials held a series of 6,132 agencies in attendance. CrIme. special conferences to discuss their The focal points of the conferences These conferences, sponsored by the mutual problems. These annual FBI concerned improving police­commu- FBI for many years, are in keeping conferences, held in major cities all nity relations, lessening public apathy with a national program fostered by over the ation concerned present toward crime, gaining public support President Johnson in 1965 to have problems of law enforcement and pro- for law enforcement, and appealing Federal enforcers assist local author- vided a forum for effective discussion for the recognition of the inviolable ities and to provide an opportunity for ~ of solutions. The topic of discussion rights of all citizen . Federal, State, and local law enforce- this year was "The Law Enforcement The police officials praised the FBI ment to present a united effort in solv- Image." ational Crime Information Center ing their common problems. e 22 t~ 77L~V J FBI Law Enforcement Bulletin u-:ft.- /l7t..L /LC/ //-;7-b0j k r/.-tL<.A./ £~'-vV'7~ e~~) /tJ&0 ~ ~ I ~ ~ DOCUMENT f: .. EXAMINATION ~

h­.. ~;. FROM A • r' d , PHOTOCOPY

The word "photocopy" as used in a writing, rather than being genuine, this article will refer to any regular is in fact a forgery. black and white reproduction of an Additions to an original ink writing original document. Such a photo- may have been prepared with an ink copy may be a photograph, a Thermo- of a different hue. While such an fax copy, a Xerox copy, a Photostat, addition would be obvious from an or any copy prepared by a similar examination of the original document, process. it could go unnoticed in a photocopy if the different colored inks were re- produced in the same shade or tone of Limitations gray. The examination of a photocopy in lieu of the original document (regard- Photographic Prints less of its quality) may place various limitations on the findings of the docu- For the aforementioned reasons, a ment examiner. The examiner may photocopy is generally considered un- not be able to determine from a photo- suitable for examination in cases copy whether indented writing, eras· involving forgery, alterations, and ures, obliterations, and watermarks erasures. Special photographic prints may have been present on or in the prepared from an original document original document. Photocopies will by the use of various filters and spe- seldom disclose with sufficient clarity cial techniques will show many of the such phenomena or characteristics as features mentioned above should they pen lifts, retouching, shading, rem· be present on the original document. nants of lines which may remain in a Such special photographic prints traced forgery, the direction of the (which also could be considered writing motion, the sequence of photocopies) are of great assistance strokes, or other minute details, the to the document examiner in his ex- presence of which might indicate that amination of an original item.

23 Regarding the examination of there are actually on the original doc· encouraged to submit photocopies to checkwriter impressions and mechani· ument. A photocopy increased in the FBI Laboratory when the ori. · 1 cal printing and typewriting, a good size would have the opposite effect. document is not available or quality true·size photocopy (a photo· The document examiner should be other reasons exist making it unfeasi• graph is considered best) will usually apprised of any reduction or increase ble to submit the original item. De- ~ suffice for determining the make of in the size of the photocopy, since finite conclusions have been reached checkwriter or the make and spacing without such knowledge it would be many times from examinations of of type used in the preparation of the extremely difficult for him to deter· photocopies. The fact that the origi• original document. A photocopy, mine the correct make of typewriter nal document is unavailable should however, usually will be inadequate and spacing of type used in the mak· not deter submitting a clear photo• for effecting an identification with ing of the typewriter impressions. copy for examination purposes and for known specimens, since indentations The use of a scale incorporated in the searching through the National Fraud• and any minute imperfections or photocopy is an acceptable method of ulent Check File, the Anonymous Let· defects may not be adequately reo furnishing such information. ter File, the Bank Robbery ote File, produced; therefore, the original An original document would be and other files maintained in the FBI questioned document should be avail· necessary for ink examinations, chern· Laboratory. For best results, the ical analyses of paper, development able for comparison with known submitted photocopy should be true specimens. of possible latent fingerprints, and for size, sharp in detail, free from distor• restoration of erased or obliterated tion, and have a moderate contrast True-size Copies wrItmg. A photocopy, of course, range, showing neither too much nor Strong consideration should always would be of no value for any of these be given to submitting true·size photo. examinations. too little contrast. copies for examination, especially in A good point to remember is that For typewriting cases. A photocopy reo Best Results the better the quality of the photocopy, duced in size would show impressions Regardless of the above·mentioned the greater the chance that the docu• which measure more letters to the shortcomings of a photocopy, lawen· ment expert will arrive at a definite inch horizontally and vertically than forcement agencies, nevertheless, are finding.

CREDIT CARD THIEVES To thieves, rental car agencies offer Thieves in a southern city consider "Necessity is the Mother of Inven- ~ a most lucrative source for stealing it "old fashioned" to wait until the tion" is a slogan familiar to us all. automobiles. early morning hours to commit bur• Such was the case when an officer of A recent survey in a southern city glaries in business establishments. the State police in a Southwestern If disclosed that the number of rental Now the "proper time" is to enter State was faced with a situation where cars stolen by the use of credit cards, locations shortly after dark. If seen he found it necessary to obtain the ~ . which also were stolen, has doubled by passersby, because of the early inked impression of a finger. during the past year. hour, they are often considered to be As it happened, there was no finger• • The officials interviewed in the sur• employees working overtime. printing equipment available at this ... vey concluded that the sudden and particular location-not even a stamp .,. sharp increase in the use of this par· RECIDIVISM pad or ink of any kind. ticular technique can be attributed to The FBI's study of the criminal To solve his problem, the officer the fact that many oil companies and careers of 135,000 offenders, initially tried inking a portion of his own fin• other credit card agencies now send begun in 1963, shows that 3 out of gertip with a ballpoint pen, then press• unsolicited credit cards through the every 4 were repeaters. In an aver• ing the inked area onto some paper. 1 mail. Knowing this new procedure, age criminal career of more than 10 It worked. 0 he used the ballpoint the thieves periodically riRe mailboxes years (from first to last arrest), the pen to cover a portion of the needed and obtain these cards to use when offender averaged 5 arrests, 2.4 con· fingerprint area and obtained an en• "renting" cara. / , ,tJ victions, and 1.5 imprisonments. tirely satisfactory print. )Jt?~ (!- ~UU-0.-1 ~~ :t:c-- /"Y'~ )n.~"')LO../ e 24 J J 7//g)00 t.L- U!f'.lL£zAlV FBI Law Enforcement Bulletin ~y'qO/t6; A~rl6~ - '1)9t L1 ~&~-~~ . ?.' I r CARTRIDGE TESTS ~ e (Continued from page 8)

V .:7 ISl "" ~ ....

F ~ r~ ' • t ~ ~ ~~ • 14 l#

Each of the cartridges was fired at a distance of 15 Here is a side view of the ten sheets of 22­gage hot­rolled black iron. The sheets feet for the metal penetration test. This shows were mounted 2 inches apart. Only one bullet, the .44 Magnum, 240 grain, the entrance hole of each bullet. penetrated as many as nine sheets of the iron .

their probable capability when fired concerning each cartridge was as Cartridge F e lOntally to and 5 feet above the follows: Proved to be superior to either cartridge C ground. or D in every test with the exception of The distance of 5 feet was chosen Cartridge A accuracy. Produced a heavy recoil com· pared to C or D. because it is about the average dis- L,acked significantly in penetration and charge height if an officer were to fire explosive effect. Cartridge G from his shoulder in a standing Cartridge B cartridge~ position. Proved to be more accurate than Was fair in penetration but lacked in ex- A or B, with penetration characteristics Cartridge H, the .44 Magnum, 240 plosive effect. very similar to A. Failed to demonstrate grain, with 1,510 f.p.s., won the tra- Cartridge C significant explosive effect. jectory test with a distance of 468 Proved superior in all tests except in wood " feet. It was the only bullet to exceed penetration. It displayed remarkable Cartridge H .. the 400­foot mark when fired horizon- results in the explosive effects test in view Was by far the most powerful tested. How- tal to and 5 feet above the ground. of the fact that it was only 17 percent ever, in the plyboard penetration test, it Cartridge F, the .41 Magnum, 210 fa ster than bullet B. was equal only to D, F, and J. Proved to grain, with 1,287 f.p.s., traveled 399 Cartridge D be exceedingly accurate despite its very feet; cartridge D traveled 395 feet; heavy recoil. Proved superior to cartridge C in all tests . . .i; C, 362 feet; B, 304 feet; E, 299 feet; Retrieved bullet revealed that it expanded • J, 250 feet; I, 248 feet; G, 225 feet; to approximately .70 caliber (13/16 inch) Cartridge I and A, 221 feet. after penetrating through five o/i­inch Proved most accurate with characteristics pieces of plywood. similar to cartridge A in the other tests. Observations on Results Cartridge E Cartridge J • Based on the results of these tests, Proved inferior to cartridge C in explosive effect, metal penetration, and accuracy. Although very similar to I in velocity and under the specifications, limitations, In the other tests, they were similar. muzzle energy, had superior penetration and conditions as outlined, the con- Bullet E was 21 percent slower than because of its fully jacketed bullet. Dis- _ us of West Covina police officials bullet C. played slightly less explosive effect than I.

February 1967 25 3. Issue factory­fresh ammunition on the ACCURACY TEST first of each year at the expense Ol e FROH 2, YARDS AT REST, 10 ROUNDS department. The cost of issuin FURTHEST PRINTS CENTER TO CENTER men 24 rounds each would be app 1-

(A) mately $187 annually. .38 Speci.1 200 Orn. ~ 1/4"1 As a result of the study, Station 713 FPS - Order 2­66, dated April 21, 1966, (B) was issued to all personnel of the .36 Speci.1 3 3/4" 1 1$6 Grn. 960FPS West Covina Police Department. (C) - The order reads as follows: .3,7 ".agnum 3 5/16" 1 1,6 Grn. Scope 1166 FPS ­ (D) In order to standardize the sidearm and .3,7 !·:agnum 23/4" l I 1,8 Grn. also obtain the advantage of interchange- '~ 127, FPS ability of weapons and ammunition, this (E) ­ department will adopt the .357 Magnum .41 Magnum 4 ,/16" 1 210 Grn. caliber revolver as the standard department I 963 FPS - sidearm. In order to standardize the serv- (F) ice cartridge and also obtain more shocking f, .41 Hagnum 4 1/~" 210 Grn. I power, this department will adopt the .357 j 1287 FPS - Magnum cartridge with the 158­grain soft- (G) point bullet. , .~~ Specia 1 21.6 Grn. 2 10/16"1 Policy 725 FPS - (H) It shall be mandatory for all West Covina .~4 Maenum 2 10/16"1 240 Grn. police and police reserve officers to comply 1510 F1'S with the requirements of this station order (I) - .4, Auto Rim by January 1, 1967 . 230 Grn. 2 1/16" I 800F1'S Requirements (J) ­ All weapons and ammunition carrie • .4, Automa tic 2 14/16"1 230 Grn. personnel shall conform with the fo 805 FPS ing specifications: I I I I I I I I I I A. Uniform Personnel-Sidearm 1 3 4 , Inches Uniform personnel shall carry any Colt or Smith & Wesson revolver designed to fire the .357 Magnum cartridge. Conclusions tests in this study show that nothing The barrel shall be not less than 4 could be farther from the truth. inches and not more than 6 inches in The tests proved conclusively that length. the .357 in either cartridge C or D Recommendations Made B. Plainclothes Personnel-Sidearm has more shocking power than the Plainclothes personnel shall carry any .38 Special, the .41 Magnum in car- At the conclusion of this study, we Colt or Smith & Wesson revolver de­ '" tridge E, the .44 Special, and the .45 signed to fire the .357 Magnum cart- were able to make the following rec- ridge. The barrel shall be not more Automatic or Auto Rim. The only ommendations to the department than 4 inches in length. cartridges possessing more shocking officials: C. Off-Duty Personnel-Sidearm power (based on explosive effects) The sidearm carried by regular police than the .357 are the .41 Magnum in l. Adopt the .357 cartridge with the 158- grain, soft­point bullet as the standard officers off duty will be optional; how­ ;. cartridge F and the .44 Magnum. department cartridge. The cartridge ever, .38 caliber or larger is preferred. The .357 cartridge has three times should be factory loaded and rated at D. Off-Duty Police Reserves-Sidearm the shocking power of the .38 Special not more than 1,550 feet per second Off­duty police reserve officers are not with only 17 to 29 percent more ve· when fired out of an 8%­inch barrel. authorized to carry a weapon, per 2. Adopt the .357 revolver with not more Station Order 1­66. locity. It is generally believed the than a 6­inch barrel as the standard .357 can be fired through the trunk sidearm. Since 80 percent of our offi- E. Ammunition Twenty­five rounds of factory­freslt lid of an automobile, penetrate the cers already possess .357 revolvers, only • the remaining 20 percent must con- .357 Magnum, 158 grain, soft­point am- back seat, front seat, driver, and still form. Members of the detective bureau munition will be issued to each regular mash the engine. The penetration must also conform. - police officer each year. e 26 FBI Law Enforcement Bulletin than through violence, and the secret the kooks out of your movement. The ~. (C":.~: ~~~! of our success has been our devotion justness of the cause does not justify 16) joining forces with the enemies of to law as the only meaningful instru- society. ence." We in Chicago are proud of ment by which to seek justice. Ifwe don't have self­discipline plus, ~ our citizens' crime commission and The only purpose of revolution is to then we agree with those who assert most grateful for its strong unswerving create this system which the true revo- that men need masters. leadership in the battle against all lutionaries dreamed of. If we revolt ~: forms of crime. Our individual responsibility at all against this, we have no place to go. levels also will require higher stand- What Is To Be Done? Not only are we required and duty- ards. My emphasis today is that the r bound to obey the technical law of the times require even more care; that Now what can we do about all of system, but we owe even a higher our conduct must be even more ~ this? What i:s the cure for the civil duty­we must elevate the spiritual meaningful than it has been, particu- delinquency malady and for the civil and moral requirements of the un­ .. larly in a dangerous world of instant delinquents? First, we will have to written law of manners and civility. communication and instant transpor- adjust our perspective. Civility is required and it ia more tation. Our law enforcement will ~ Thomas H. Huxley, the eminent than mere obedience to the law. The only be as strong as the courage and English biologist and political philoso- tradition of civility in our society is commitment of our citizens. The citi- F"" pher, in a speech at John Hopkins Uni- bound up with respeot for law. Re- zens are "us," not the mythical versity some 90 years ago­get that spect not only · precludes civil dis- "they." date­said : "You Americans and obedience, but goes beyond mere With respect to the whole series of your descendant:s, who reasonably can technical obedience to the law. Re- problems involving use of the streets be expected to number 200 millions at speet means, at least, that the law is and hounoing public officials in their your second centenary, have to ascer- not looked upon as an enemy or a homes, the time has come to distin- tain whether this great mass will hold necessary evil. Respect means that guish between freedom of speech and together under the forms of a re- the law is regarded as the primary provocation; between petition and public. . . . Your one condition of medium of change in a free society. lawful assembly; as opposed to physi- ess, your whole safeguard, is the Respect means realizing that the alter- cal pressure and coercion. The right • al worth and intellectual clearness natives to law are coercion, intimida- of free speech is not a club to deny of the individual citizen." tion, and, eventually, violence. others their rights. Our rights to use Our priority allegiance must be to Respect means, above all, that one the streets and the rights of public our sy:stem of law, which is not only is concerned 'with the spirit as well officials to enjoy the privacy of their the best, but the only system ever in- as the letter of the law. homes need not be counter to the first vented to reconcile the continuing Civility also requires a personal amendment­when all these rights can struggle for justice and the indi- plus factor. By personal plus I mean: coexist without conflict. vidual's privilege to follow his moral 1. Let's not be trapped by labels. Civil delinquency offers no solu- conscience. It is the greatest multi- 2. The complex problems must be han- tions; it merely interferes with them. remedy government ever created. . dIed issue by issue. We have to spell out a newly marked Therefore, you must play it by its 3. Avoid superficiality, instant solutions, and complex path with civility and de- rules. The more individuali:stic you pseudo­ and anti­intellectualism, nihil- cency. The remedies are here in the are, the more you must subscribe to ism; insist on standards of excellence. 4. Organized crime is your enemy because courts­many courts with many views. lawful methods. it is against our system. We must We can begin to chart out the balance Ours is a society that accommodates avoid its support or even a suspicion of rights where millions of people are change peacefully because it knows of support. clustered in closely packed cities. that the law of life is change. It 5. Stay away from group defamation- Let's have a whole series of lawsuits makes provision for change through Maddox is not the South­and Car- michael is not the Negro. on a whole series of specific situations. system­not leaving it to whims. 6. Don't apologize for, or excuse, stu- Our legislative bodies of all kinds and History teaches us that there are pidity, violence, or criminality. the courts are the proper civil forums only two ways of effecting deliberate 7. Look out for the wrecker in any move· to test out the new issues and the new social change: evolution and revolu- ment who attacks his own moderates. Don't compromise any movement by problems. tion. Again and again we have permitting the wreckers to join it. It Civilization is the victory of rea- c h 0 sen to accommodate change is your duty to keep the Nazis and the _ ugh political evolution rather Reds, the hooters and the shooters, and (Continued on next page)

Febru ary 1967 27 reau of Investigation, Washington, D.C. 20535, or the Special AgentA Can You Identify This Man? Charge of the nearest FBI field o ~ whose number appears on the first page of most local telephone direc• tories.

THE YEAR (Continued from page 27)

son over force and law is the only possible instrument in the search for justice. We are alive now because of civilization. It is a unique and deli• cate process. Our civil rights were created by a very few civili~ed men and, once gone, would be as thor• oughly lost as if they were blasted to bits by a nuclear bomb. The issue is clear. An unknown bank robber is the tween them they managed to tear off Aristotle says that only two kinds object of a nationwide search by the his mask and shirt. During the scuffle of beings can live outside of civil so• FBI for an attempted robbery of the the bandit shot and killed the customer Inwood National Bank of Dallas, Tex., who had thrown the ashtray. He then ciety-gods and beasts. Let us nei on August 8, 1966, at which time a ran out the back door of the bank, dare to pretend we are gods; Ie customer of the bank was killed. firing several shots at bank employees ever remember our heritage so that The bandit entered the bank at 9:48 who attempted to follow him. He fled we never become beasts. a.m., wearing a Halloween­type rub• without any loot. His method of get• ber mask and waving a .38-caliber blue away from the area was unobserved. steel revolver. Approaching the An FBI Exhibits Section artist flew tellers' area, he announced his inten• to Dallas to prepare the drawing of tions by stating, "All right, this is a the unknown bank robber shown A NEW POSTER holdup. Don't anybody move. above. Witnesses to the attempted Look away from me. Don't push any rohbery have stated it is a good like• The poster on "Law and buttons." He then handed the first ness of the man. He is described as Order" appearing on the op• teller a large shopping bag with in• follows: posite page has just been structions to place all the money, in• Race ______. White. released by the FBI. It is cluding night deposit bags, inside the Age______. About 27. available in limited quan• bag. He then ordered her to pass the HeighL ______5 feet 9 inche . tities without charge. Re• bag on to the next teller and then on to WeighL______. 165 pounds. quests should'be directed to: the third. The bag broke upon being HaiL______Very dark or black. Eyes______Dark. Director returned to the bandit at which time he Complexion______. Smooth. Federal Bureau of In• instructed one of the tellers and three Build______Medium but muscular. vestigation female customers to pick up the 9th Street and Pennsyl• money. Anyone having any information re- vania Avenue At this time a male customer grab- garding this individual's possible iden• Washington, D.C. bed an ashtray and threw it at the un- tity or any information relating to 20535 known man and, with the help of the attempted bank robbery, please another customer, attacked h ~. Be- notify the Director of the Federal Bu• _ dbt;tLb #- AJ~ 1:2 -/-t b./ /1..e.. Z)"'l.AUd• ., 28 _ _ .I ~ ~ FBI Law Enforcement Bulletin ~~ 7LtL.t...... r:.~ ~~ l' .J U,S. GOVERNMENTRINTINGOfFICE:1967 0 -24H178 ,.8 ~) r-f-h~ . )

Q GEST DEFENSE

LA W AND ORDER ...

ANT NECESSITY

"Obedience to and respect for our Nation's laws is our most cherished and effective defense in a world beset with a com plexity of problem s. "

JOHN EDGAR HOOVER, DIRECTOR ·Ua(·v­ FEDERAL BUREAU OF INVESTIGATION UNITED STATES DEPARTMENT OF JUSTICE UNITED STATES DEPARTMENT OF JUSTICE POSTAGE AND FEES PAID FEDERAL BUREAU OF INVESTIGATION FEDERAL BUREAU OF INVESTIGATION WASHINGTON, D .C . 20535 OFFICIAL BUSINESS

RETURN AFTER 5 DAYS

QUESTIONABLE PATTERN

e -

This odd and questionable pattem Is given the preferred classification of a loop with three ridge counts. In the Identification Division of the FBI, the upper loop formation is considered to be too sharp and pointed to provide a good recurvei however, because of the doubtful nature of this formation, the pattem is referenced to a double loop-type whorl with a meeting tracing.