(All Senate appointees are employees of the Sergeant at Arms)

That the Congress intended the Capitol Police to render regular police services, as contrasted with those of a mere guard force, is expressed in section 9 of Public Law 570,1 79th Congress, wherein the Capitol force was re-created. Section 9 is as follows:

"The Capitol Police shall police the United States Capitol Buildings and Grounds under the direction of the Capitol Police Board, consisting of the Sergeant at Arms of the United States Senate, the Sergeant at Arms of the House of Representatives, and the Architect of the Capitol, and shall have the power to enforce the provisions of this Act and regulations promulgated under section 14 thereof, and to make arrests within the United States Capitol Buildings and Grounds for any violations of any law of the United States or of any State, or any regulation promulgated pursuant thereto: Provided, That the Metropolitan Police force of the District of Columbia are hereby authorized to make arrests within the United States Capitol Buildings and Grounds for any violations of any such laws or regulations, but such authority shall not be construed as authorizing the Metropolitan Police force, except with the consent or upon the request of the Capitol Police Board, to enter such buildings to make arrests in response to complaints or to serve warrants or to patrol the United States Capitol Buildings and Grounds, with the exception of the streets and roadways shown on the map referred to in section 1 of this Act as being under the jurisdiction and control of the Commissioners of the District of Columbia. For the purpose of this section, the word 'grounds' shall include the House Office Building parking area."

Two of the members of the Capitol Police Board, the Sergeants at Arms, are elected by their respective Houses of Congress and the Architect is appointed by the President but serves under the control of the Congress.

The Sergeants at Arms, individually and collectively, possess a great deal more police authority and responsibility than that given them and the Architect as members of the Board. Each Sergeant at Arms, subject to the orders of the Presiding Officer of his body, has the duty to maintain order in the Senate and House Chambers, respectively. In addition, each Sergeant at Arms is charged with the duty under section 1820 of the Revised Statutes to preserve the peace, to secure the Capitol from defacement, and to protect the public property.

The buildings and grounds of the legislative branch consist of the Capitol Building, five large office buildings and a number of small structures with 118 acres of streets, drives, and park areas. The Senate has one less office building

160 Stat. 718; 40 U.S.C. sec. 193, sec. 212b; District of Columbia Code, 1951, secs. 9-118 to 9-132.

than the House but a much larger area of the Capitol Grounds is situated on the Senate side.

The total Senate positions existing on the Capitol force are 1 captain, 4 lieutenants, 6 sergeants, and 118 privates, making a total of 129 men for 3 shifts. These positions are all subject to patronage selection but in recent years I have been permitted to promote men from the ranks, on relative merit, to official places.

Most of the privates are appointed under patronage and attend college or professional schools. They have not had police experience. Many of them are of high caliber with an educational background superior to that of an average city policeman. However, unfortunately this does not make them expert in police work. The records of the last 4 years reveal that of the entire Capitol Police force from 80 to 82 percent serve less than 1 year and many are employed for only varying portions of a year. This transitory complexion, coupled with the fact many of their off-duty hours are spent in the university classrooms, renders it impossible to conduct a formal training course as is done for Metropolitan Police recruits. Capitol Police are required to study a manual promulgated by the Police Board concerning the internal operation and discipline of the force. New appointees are instructed and given on-the-job training. The experience accumulated by a Capitol policeman in a year is in no way comparable to that to which a Metropolitan rookie is exposed in the same period. The need to cope physically with intentional violators has not arisen frequently at the Capitol until recently, but when there are incidents it is important for the officers involved to be experts in that field.

From Easter until after Labor Day, during the heavy tourist season, guiding and handling the crowds in the corridors not constructed and laid out for such heavy occupancy presents many problems. Ofttimes 20,000 to 25,000 persons a day enter the Capitol Building, the majority between the hours of 11 and 3 o'clock. It is difficult to maintain passageways in bottlenecks in the corridors, and roadways outside, with police who are college or professional school students as they either seem indifferent to the problem or are too bashful and hesitant to assert themselves.

Another police function of a more serious nature, and one which requires experience and delicacy, and sometimes even physical strength, is the handling of the mentally deranged. The Nation's Capitol has always attracted a certain amount of such persons but with the passage of time they appear more frequently. Capitol Police are instructed, because of their lack of experience, when a mental patient is observed to summon one of the few Metropolitan policemen in plain clothes detailed to the Capitol each day. Time does not always permit this to be carried out successfully and, in the hands of a Capitol officer, the results are less than desirable. Those who tend to become physically violent display it spontaneously.

Today's most serious police function is the preservation of the peace, which is more frequently being disturbed by large organized groups attempting to pressure Congress by huge "marches" and various types of unruly assemblages with displays, instead of presenting petitions in an orderly manner and with behavior not only within the law but in good taste.

Until the last 2 or 3 years displays on the Capitol Grounds were attempted perhaps only once in a decade and these involved only a small group of people. A few women tried to burn a Member in effigy on the Capitol Grounds, which presented only a slight problem.

Except for Coxey's army and the bonus marchers the Congress was not disturbed for well over a century by large, unreasonable displays or physical violence, due to its own wisdom in providing for orderly procedures and protection. In the early days of our history Congress was molested by picketing and violent groups seeking to influence by subjective means. The local governments of the cities and States involved did not furnish Congress the necessary protection, causing Congress to create the Federal City removed from all State or local control, which for many years has afforded Congress the opportunity to consider legislation objectively and almost completely without impassioned pressure. To better provide continuing freedom from molestation the Capitol Police force was reorganized by statute as late as 1946, but the continued selection of the personnel under patronage has today virtually nullified the statutory reorganization.

Nationwide plans were made for an organized 100,000 persons to march on the Capitol Buildings and Grounds on August 28, 1963, and to "sit in" in Members'

offices and in corridors. However, in the course of several weeks of publicity about this, their leaders wisely diverted the march to the Lincoln Memorial instead of the Capitol and Members of Congress were invited to attend and address the group. The city authorities estimated that nearly 100,000 did attend.

During the current session of Congress, which convened on January 4, 1965, a number of incidents have occurred as follows:

On January 4, 1965, a member of the so-called American Nazi Party dressed in a costume managed to walk onto the House floor while that body was sitting. On March 15, 1965, a group sat in a House corridor outside of the Speaker's office asserting their intention to "sit in" until evicted. Ten were arrested and convicted.

On April 17, 1965, approximately 15,000 marched from the Sylvan Theater down to the Mall to the west border of the Capitol Grounds where they demanded to march on the grounds. Ultimately they complied with police requests and disposed of their placards in order to be permitted on the grounds in small groups as are tourists. Notwithstanding their promise to stay in small groups, after a short interval of time about 2,000 had assembled on the west front terrace of the building where they chanted, sang, and carried on in a noisy fashion. They insisted they would remain until they were able to present a petition to someone of importance, but police did not ever see any written petition. Fortunately the horde arrived at the Capitol Grounds about 5 p.m. and it was Easter Saturday afternoon. The building had already closed at the normal hour of 4 :30 as neither House was in session and there were but few people in any of the legislative buildings. Although this assembly was in violation of the statutory prohibition, it did not become unduly disorderly in relation to the time it occurred. However, a great many tourists who were roaming around the grounds gave the police concern about their safety when they began to congregate around those participating in the assembly.

On Sunday, May 9, 1965, more than 500 marchers assembled in Lincoln Park and walked to the Capitol Grounds to picket against the proposal of a subcommittee of the Senate to restrict the use of District of Columbia welfare funds. About 300 of this same group repeated their picketing for the same purpose on District property near the Senate on Thursday, May 13.

On June 19, 1965, there were a number of persons "sitting in" in the corridor near the office of the Clerk of the House. Some time after they refused to move 12 were arrested.

On August 9, 1965, about 2,000 marchers walked from the Washington Monument to the west border of the Capitol Grounds. They had previously announced their avowed purpose and intention to besiege the House Chamber, occupy the floor, and hold a legislative session to adopt measures they claimed were desired by "Americans who are not represented in Congress." Under these circumstances the police were instructed to advise these marchers that they could not enter the Capitol Grounds. Five or six hundred of them remained, becoming boisterous, using red paint on themselves and others, and reading aloud something they referred to as a declaration of peace. Ultimately they stated that they would stay until permitted to proceed to the Capitol Building or until arrested. The House of Representatives was sitting in session. The police offered to escort a committee of five or six to the Speaker's office and give them an opportunity to present a petition if they had one. Members of the group discussed the offer, took a vote, and announced that they would not send a committee. The leaders insisted all would go, carrying their placards, even if it required force. Police told them such action would make arrests mandatory. Finally the crowd began to push against and struggle with the line of police, some rubbing red paint from their own clothing onto that of the police. Among the Metropolitan detail, reenforcing the Capitol Force, special arrest teams had been organized and as the willful violations were committed 302 arrests were made. Of these 30 were juveniles and 272 adults. The court of general sessions remained in session until nearly midnight, with three judges sitting in as many courtrooms. Of the adults all but 10 cases have been disposed of; some were permitted to elect to forfeit collateral; some entered a plea of guilty and the remainder were tried with convictions in each case. We have been informed by the Metropolitan Police headquarters that this upheaval resulted in the largest number of arrests, elections to forfeit, or convictions in the history of the city arising out of one incident. Our supporting contingent of Metropolitan Police made photographs of each person arrested with at least one policeman

Special

who took him in custody in an effort to provide specific evidence in court. buses were utilized to keep those arrested in custody and to convey them to the cellblocks in the court building.

In addition to the foregoing disturbances listed by specific date, on at least three different days in the course of this year several persons attending a hearing before the House Committee on Un-American Activities were evicted from the House Office Building after they ignored the presiding officer's demand for order in the committee room.

With the growth of crime in the District of Columbia in the nature of assaults, yokings, and robberies, two or three were committed near the Capitol Grounds although not actually on it. Since we have had a regular evening detail of 10 Metropolitan footmen and five Canine Corps men patrolling the Capitol Grounds during the last year, there has been no record of any such crimes even in the vicinity of the grounds.

CONCLUSIONS AND RECOMMENDATIONS

As described above, current security problems affecting the legislative branch of the Government differ markedly from those of a number of years ago. In order to meet the many unusual situations of today, every police officer, serving in the Capitol Buildings and Grounds, should be well trained and experienced. Therefore, no policemen should be appointed under the patronage system. In reiteration, each year 80 to 82 percent of the entire membership of the Capitol force leave and are replaced.

The members of the Senate Committee on Legislative Appropriations are recognizing those facts and, in the last two fiscal bills, the committee has provided funds to obtain the loan of Metropolitan Police instead of creating new Capitol Police positions when extra manpower was requested or needed.

In April of 1955, I proposed language and sought to have it introduced as a bill to reorganize the Capitol Police force. Attached is a copy of my 1955 draft. The principal portions of it which pertain to the then proposed permanent force should be of considerable assistance to this committee.

Ten years ago, in order to make my then proposal more acceptable, I included in the draft provisions for a guard force in addition to the permanent police force. The guard force was to be under patronage on the theory that if all police patronage was eliminated at once, more opposition would arise against the portion of the bill which would have established a nonpatronage permanent police force. However, in view of the changes brought about in the last few years, and the attitude of our Subcommittee on Appropriations, I now am of the firm opinion that all police patronage should be abandoned.

Another revision I would make in my 1955 proposal is that none of the men should be acquired from the Park Police force but that all should come from the Metropolitan Police Department.

I recommend, therefore, that your committee advocate the enactment of a new law to re-create and reorganize the Capitol Police force with all positions being filled from the Metropolitan Police Department. The Capitol force should be somewhat similar in structure to a regular Metropolitan Police precinct, but with sufficient deviations to make it suitable to the specific needs and operations of the Congress. The force should be controlled by the Capitol Police Board and principally the two Sergeants at Arms, the elective officers of the respective bodies, and who are charged with specific responsibilities under section 1820 of the Revised Statutes to preserve the peace, to secure the Capitol from defacement, and to protect public property.

The Board of Commissioners of the District of Columbia and the Metropolitan Police Department should be authorized and directed to cooperate in every possible way without any direct control.

Of necessity, the Chief of the Capitol force should have the rank of a deputy metropolitan chief, and at least four metropolitan captains should be assigned with an appropriate number of lieutenants and sergeants.

The uniform of the Metropolitan Department could be used in order to make transfers to and from the Capitol force more simple. However, men regularly assigned to the Capitol should wear some symbol or label indicating they are serving under the Capitol Board. They should also wear a brass nameplate.