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SPECIAL NEUS CONFERENCE
ON EEC STRIKE
GOVERNOR PARRIS BRYANT
TALLAHASSEE
FEBRUARY 29, 196
newsman pna'rzcnn'rms: Vernon Bradford, TAMPA TRIBUNE: Hebert u-
Delaney, ORLANDO SENTINEL-STAR; John Hayes, UFOA, HTVJ: James Gillespy,
UNITED PRESS INTERNATIONAL; Budd Melliohamp, ABC RADIO; Jerry Mock.
JOHN H. PERRY PAPERS; Allen Morris, CRACKER POLITICS; Bob Sherrill,
MIAMI HERALD; Ray Starr, ABC RADIO; George Thurston, NJXT, WFLA;
Martin Waldron, ST. YETERSBURO TIMES; Paul Hills, ASSOCIATED PRESS.
GOVERNOR: I am sorry to have called you down here on Saturday but I
thought this use newsworthy and that you would, therefore, be interested
We have all, of course, been concerned by developments in the FEC
strike which have been accelerating in severity over the last several
months. I think it is well for me for a moment to give you some back-
ground on this situation. so far as this office is concerned.
The strike began January 23, 1963, I believe. On that day I
wired the Secretary of Labor, urging that he and the department exert
the maximum effort toward the immediate settlement of this strike and
offering them the full desperation of the agencies of the state
government. I received a very gracious telegram back on the 25th,
assuring me that, of course, this was going to be done. There followed
then a telephone conversation between the Secretary of Labor and myself,
which was the product of the negotiations between the parties having
broken down, the federal mediators having come in and the conversations
not being productive the parties lost contact. I thereupon directed
Mr. Youngman to use his good offices to bring the peeple back together.
I had a telegram on the 27th from Mr. Youngman to this office saying
that he met separately with the parties to the East Coast strike
Saturday in Jacksonville -- that was the 26th of January -- and St.
Augustine "preliminary to announcing plans for exploratory talks in
connection with activities of the federal mediator. The exploratory
talks commencing Monday, the 28th, at St. Augustine.
You will recall that thereafter these peeple did get back
together pursuant to these efforts. Now, of course, they 8ot back with
the national mediator. We did not have an official place in this
activity, but we were, of course, as interested -- more interested
than most in seeing it done and so we acted to bring them back
together. That mediation, likewise, broke down. The Railroad
Commission in June of 1963, entered an order to the Florida East Coast
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WILLS: Has anybody been arrested in connection with these explosions?
GOVERNOR: Yes. Oh, with the explosions -- I don't know, I can't say
that. I cant answer you that.
MOCK: What was the "yes" for?
GOVERNOR: Well, there have been some persons arrested for acts that
were alleged to be in connection with the strike. I believe there were
some bricks thrown through a window or something or the kind into a
man's house and then the man refused to be a complaining witness. I
believe they discovered who threw them in, but the man wouldn't sign a
complaint and they had no accuser to take the man to court.
SHERRILL: Your team goes to work today?
GOVERNOR: Yes, sir.
R.STARR: Governor, is this going to be an area concentration -- area
by area -- or the entire area all at once?
GOVERNOR: That will be determined by Captain Reddick in the field.
BRADFORD: Hill Captain Reddick be in charge of these other ~-
GOVERNOR: Captain Reddick is the man to whom I look for direction of
and to have the responsibility over all of these people.
GILLESPY: Governor, is he going to move over into the St. Augustine -
East Coast area or stay here?
GOVERNOR: I am sure he will be in the field.
Are there other questions? Thank you, gentlemen.
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Railroad to resume operation. At that time, you will recall that the
FEC was not operating, even on the limited basis which was later
instituted. The railroad protested that it did not have the capacity
at that time to do so and secondly they raised the legal point that to
require them to resume operations by the employment of the persons out
on strike would, in fact, be a contravention of the federal acts which
govern the settlement of this labor dispute. For that reason the
Railroad Commission dismissed its own order and attempted to assist
in other ways to secure the resumption of operations. In July of 1963,
an inquiry was made to the Attorney General or Florida as to whether
or not the state had authority in a public utility strike -- I read
you the question -- the answer was in Opinion 063-86 or July 26. The
Opinion was that of then Attorney General Richard Erwin.
The question was: May the State or Florida invoke the powers
under Chapter #53, Florida Statutes, the Public Utility Arbitration
Law.
We hoped at that time to be able to move into the telephone
strike under the authority or that law.
The Attorney General after having given a review or the decision
said that the Supreme Court of Florida on the basis of U. S. decisions
had held that "the U. 8. Supreme Court decision made the Florida act
inoperative. The Attorney General went on to say, "It is also noted
that Florida Senior Senator, The Honorable Spesaard L. Holland, had
proposed an amendment to the Landrum-Grirtin act, which would
specifically authorize state statutes similar to the one passed in
Florida and this amendment has been rejected by Congress."
And I read further -- two more short paragraphs: The sole basiz
for the decision in this matter was a constitutional question and the
constitutional rights, of course, may be waived. For this reason if
the authorities mutually agree to arbitration then the state would be
authorised to act under the statutes." You will recall that over a
period of months we had been trying to get the parties to agree to
arbitration. The Attorney General went on to say, "In the absence or
mutual consent to arbitration, the State or Florida would be prohibited
from invoking its powers under Chapter 53, Florida Statutes. And
your question must be respectfully answered in the negative."
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Pursuant to the increase in the incidence of apparent law
violations surrounding the PEG strike, a complaint was made to the FBI
by interested parties concerning these and the FBI at that time sent a
special agent to this office to confer with Mr. Kynea and through him
with me to assure us that the FBI was doing everything in its power to
ascertain the nature and the identity of these crimes and criminals.
At that time, as on many, many occasions during this time, we have
offered and continue to offer our complete support to the FBI.
I think it would be helpful to you in understanding this
controversy and the actions of this government in relation to it to
know Just how in fact we Operate in a case of this kind.
Let's take a specific instance -- one of the recent bombings
in Dede County. As soon as we received notice of this, we dispatched
Mr. Enrich there of course -- he was in Port Leudardsle -- and we like-
wise called the Sheriff of Dade County. He advised us that he had
already been active in reVeiw or the matter, but that the FBI had
determined that this was a federal violation and had assumed Jurie-
diction -- that he, therefore, was withdrawing to an assisting capacity,
he was cooperating with the FBI in everything that they wished him to
do, but that he necessarily had to withdraw. Gentlemen, I don't want
by anything I say to indicate to you that there is any contact between
the FBI and the State of Florida in these matters. We are working in
complete concert. We function on all law violation matters in the
State of Florida, but in the investigation of a particular crime I
think that you can see there there can be only one controlling
authority. If you had two or three groups running around interrogating
witnesses, grabbing pieces of evidence and trying to make a pattern
for themselves there would be chaos. Wherever the Federal Government
operates we assist and this we have been doing and, in my opinion, the
FBI has been making a maximum effort. There are particular difficulties
that law enforcement tell me about these kinds of incidents. There
are no informers. The people that are committing these in most
instances, I would assume, are everyday law-abiding citizens who have
become wrought up about a particular circumstance, but there is no
general pattern in their lives to lead you to them. And there are no
informers to lead you to them. And so the problem is a very difficult
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one ascertaining who in fact is at fault. And we don't have the
information. But that is the reason, I think, that so much of this goes
undiscovered. Now after our conferences here with the FBI in July,
we continued with our activities which have been going on throughout
this time to get the parties to agree to arbitration which is the only
place we can be effective beyond the federal laws.
I have here a letter of November 11, 1963, from one of the
unions -- you will Just have to take my word that that is who it is
from because I don't wish to disclose their identity -- but he says
on November 11, 1963, "appearing in the paper yesterday, November 10,
was a press release indicating a national mediation award in the PEG
matter on Saturday, November 9. to thank you for the efforts you put
forth in this matter." And then his last paragraph pertaining to the
probability of bringing about state arbitration, "I request that we
still hold this in abeyance if in the event it may be needed in the
future." Now we are helpless in this unless they are willing to go
forward.
Here is another letter from the same party dated February 3,
'Dear Governor Farris: We have Just finished our telephone conversation.
I do appreciate your interest to give us help in the FEC dispute. The
authorities represented in the non-operating union feel since the
matter is still being considered in Washington, subject to the
Railroad Labor Act, state arbitration may, if invoked, interfere with
the procedure now being followed." 80 again we are unable in such an
instance to proceed further.
Now at this time the matter has reached a point of such gravity
that I am going to exercise powers which were given to the Governor in
1955, but which so far as I know have not been exercised in the
history of the state. I do so with great reluctance, because these
are unusual powers in a democratic society to be used very, very
carefully. But I have decided to act under Section lh.022, subparegraph
one of the Florida Statutes, which authorize the Governor to do all
things necessary to prevent overt threats of violence or violence to
the persons and preperty of the citizens of the state and to maintain
peace, tranquillity and good order. Therefore, I am appointing a
special team of officers headed by Captain A. E. Reddick, consisting
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of members of the Florida Highway Patrol and of the Florida Sheriffs
Bureau as special officers of the state with plenary investigative
powers for the purpose of investigating, determining the responsibility
for the acts of violence incident to the railway strike and accumulat-
ing the evidence for presentation to the appropriate law enforcment
officials. I further, at the request of Attorney General James Kynes,
designate Joseph c. Jacobs, First Assistant Attorney General of the
State of Florida, as legal advisor to the above-named special officers
to assist them do all the things that they may find necessary to do.
As part of this, and yet in a way in addition to it, we are
beginning an airplane surveillance of the Florida East Coast Railroad
from one limit to the other. We are using the Florida Highway Patrol
and other airplanes out of those available to the State of Florida from
the Forest Service and such others as may be necessary to be effective
in handling this particular situation. In addition to that I have
asked the Florida Highway Patrol to send into some of the critical
areas special teams of men in addition to those named in this order,
for the purpose of making saturation investigation of drivers in the
area. we have learned from instances where this has already been done
-- in St. Augustine largely that these men as they pursue their
normal duties in this concentrated fashion develop some of the best
information available for the FBI and for the sheriffs. In addition,
I have this morning wired each of the sheriffs in the area covered by
the FEC directing them to exert maximum efforts to give complete
cooperation to the FBI and to this special investigative team.
Now this has all been in complete concert with the FBI.
Captain Reddick has already established liaison with them. As a matter
of fact, some of the actions indicated here came as the result of
direct suggestions of the FBI when we called on one of many occasions
to discuss with them this problem.
I am continuing with my efforts, as is Secretary of Labor irts,
with whom I have been in conversation at some length, to bring these
parties together to reach a resolution of this problem, which so far
has defied both the best efforts of the Federal Government and of the
State of Florida.
Are there any questions?
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BRADFORD: How large is that team -- the one that Reddick is heading?
GOVERNOR: There are 15 or the Florida Department or Public Safety and
6 or the Florida Sheriffs Bureau.
THURSTON: Do you contemplate the possibility of using any units or the
National Guard to patrol tracks ii necessary?
GOVERNOR: I have asked Adjutant General Henry McMillan to survey that
possibility to determine what would be involved in the way or costs,
utilization of men. In other words, what are the pragical considera-
tions to be decided upon in the event such a course 31 action is
considered. As of this time, no decision to use Natinnal Guard has
been made. It is simply one of several exploratorycyfrorts so that
we will have all the facts available for any contingency.
ROCK: What do you mean by the phrase "saturation investigation or
drivers," Governor?
GOVERNOR: The Highway Patrol has a long-standing practice of going
into a particular area and setting up roadblocks and checking every
driver that comes along the highway for all those violations within
the normal purview of the Highway Patrol. Now, this special team that
I speak of which is in addition to these men listed in the special
order exercise only those powers normally given to Highway Patrolman
and they do not come within the terms of this special order. But in
the course or doing this they observe many things. For instance, it a
car came along filled with baseball bats, that wouldn't be illegal but
it might be very helpful information.
BRADFORD: What sort or special powers will this team have?
GOVERNOR: They have all the powers that the Governor of Florida has
so far as the investigation is concerned.
GILLESPY: They don't handle arrests, I take it?
GOVERNOR: They can do anything the Governor of Florida can do,
including making arrests. Yes, sir.
SHERRILL: Governor, how much resistance did you run into the last time
you talked with Mr. Bell about submitting to voluntary arbitration?
GOVERNOR: Mr. Bell is contemplating that at this moment. I have had
conversations with him yesterday and today and I am Very haperul that
this can be achieved. I can't answer your question "how much resistance.
I don't have an affirmative answer yet so you might say 100 per cent.
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But I hope to have an affirmative answer and, therefore, maybe only
one per cent.
THURSTON: Would this be a matter on which you would be empowered in
seeking an advisory opinion from the Supreme Court on the application
of the state law on the possibility that the Court's view might differ
from that of the Attorney General as to whether that state power in
the matter has been superseded?
GOVERNOR: well, yes, I think it would. I think I could if I had any
doubt about it, but I don't.
WILLS: Will this team be under the control of the FBI or would it be
separate?
GOVERNOR: No, sir. Here is another problem that I should have
mentioned in my commentary. In the course of this event there are
for this purpose two categories of offenses -- there are those that
are directly related to the railroad and come solely within the purview
of the Federal Government once the FBI has assumed Jurisdiction. Then
there are those others for instance, let's say somebody shoots into
a house and the house happens to be the house of someone who has gone
back to work for the FEC, this is a state crime. Nobody can tie it
to the FEC strike, it is a state crime at that time until the identity
of the people at least has been determined and you relate it to the
operation of the railroad. So my direction to Captain Reddick is to
concentrate on these non-federal type crimes, but to render to the FBI
all assistance that he has that they desire on federal crimes. We are
leaving them, -~ obviously, I don't mean as an act of grace o they
are left in full control of the federal issues and we are going to
assist them in those, if they wish us to do so and to that extent.
HOCK: Is that what you meant when you said that they would report to
the appropriate law enforcement officials? Were you referring to this?
GOVERNOR: No. Did I say they would report to the -- who said that?
ROCK: I thought you did. Make reports, I believe you said, something
along that line.
GOVERNOR: No, I am speaking there -- for presentation to the
appropriate law enforcement officer -- this wOuld be the State Attorney.
For instance, if they discover evidence they take it to the State
Attorney, he then will prosecute.
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SHERRILL: In your most recent talks with Hr. irts, has he indicated
what he felt the state's role would be in this soon, as far as the
arbitration goes?
GOVERNOR: I have not discussed with him the elements of these
entorcenent procedures, but he and I are working in complete concert on
the other aspects of this that I described to you. I would not like
to be more specific than that, except that he knows all about them and
we are in complete agreement.
3113mm: there will be an active role for you in this arbitration:
angle?
GOVERNOR: Hell, you can't have arbitration unless the parties agree
to arbitration. Now, I an active and I have been active, but whether
or not I participate in arbitrating the issues is another matter to be
resolved later. Now, I guess that is the distinction you are making.
WILLS: Do you know or anything that indicates whether the strike will
be settled anytime soon? Do you have a rough idea?
GOVERNOR: No, I have none whatsoever. I can tell you this, that these
are not all the arrows in our quiver. We have been working very closely
with Mr. Lewis Pettiway and with the Attorney General to determine if
these measures are unsuccessful there are additional steps that we can
take.
DELANBY: Would you tell us, Governor, what the President had to say
specifically on this matter?
GOVERNOR: Only what he reported to you.
HAYES: You said additional steps. what might these additional steps
be?
GOVERNOR: I would rather not discuss than at this time. One of then
or course involves the National Guard. I have mentioned that, but
other than that it covers a whole gaunt that the statutes and the
constitution would permit. The Governor has very wide authority -- in
tact, virtually unlimited authority under this statute, so far as the
state is concerned, but it cannot contravene the federal laws in this.
So we must first in each instance determine if the state grants us that
authority and then determine if the federal laws prevent us from
exercising it.
MORRIS: Could you cease and operate the railroad?
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GOVERNOR: No, I doubt that. I think this is under the federal
SOVernnent. It might be -- I don't know I can't answer you that
question. I Just have to back up and say I don't know.
SHERRILL: Has the union said they would submit to state controlled
arbitration?
GOVERNOR: No, sir. we have not reached any agreement on that.
SHERRILL: Free neither side?
GOVERNOR: Prom neither side. As a matter or fact, the last overt
expression is the one I read you in the letter a moment ago or February
3 or something of that kind.
THURSTON: Governor, were you aware while President Johnson was in the
State or the fact that there had been some indication of security risk?
GOVERROR: I don't wish to go beyond the question of the EEO strike
at this time if you don't mind.
DELANEY: Governor, should both sides agree to state arbitration, in
what express manner would it be carried out?
GOVERNOR: My thinking is that the railroad management would select a
representative, the railroad unions would select a representative, and
I and the Secretary of Labor and the President or/and these persons
would designate a third person and they would hear the issues and make
recommendations. Now since this would be a voluntary matter, there
would still be no force or law behind them. Once these three men have
reached a conclusion the unions could say we don't like it or the
railroads can say they don't like it. However, it is my feeling and
the President's that with the decision reached in this fashion and
with the support behind it or both the state and the federal governments
that it would be very difficult {or the parties not to agree to it.
DBLANBY: I am a little unclear about how the third person would be
selected?
GOVERNOR: By me or by the President or by Secretary of Labor irts,
all or us in concert.
BRADFORD: Has there been any count on the number of acts or violence
which have been credited to the strike?
GOVERNOR: I do not know the count. We are in the course or -- one
or the things that this team is doing and Captain Reddiok has already
started on is a review or every alleged act -- frankly, so he can
develOp a pattern from it. But this has not been done yet.
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PAGE 9
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PAGE 10
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