Mystery Concerning California Governor "Pat" Brown's Papers About the 1963 President Kennedy Assassination: Why Are Some Up for Public Auction?

The relationship between the late California Governor Edmund G. “Pat” Brown, Sr. (served 1959-67) and President John F. Kennedy (served 1961-63) is in the news as a cache of Governor Brown’s documents concerning the 1963 assassination of President Kennedy will be auctioned by Sotheby’s in the near future.  The source of these documents is mysterious.  Most of Governor “Pat” Brown’s papers are held by U.C. Berkeley’s Bancroft Library.

Chief question: why is an official telegram from Acting U.S. Secretary of State George Ball to Governor Brown concerning the Kennedy assassination up for auction by Sotheby's while others in that George Ball series are archived in the "Pat" Brown Papers at U.C. Berkeley? 

President John F. Kennedy meets with California Governor "Pat" Brown on April 20, 1961.  Abbie Rowe. White House Photographs. John F. Kennedy Presidential Library and Museum, Boston

CalPolitiCal viewed many of the Kennedy assassination era documents in U.C. Berkeley’s “Pat” Brown Papers in 2012, before the Bancroft Library re-arranged the collection.  Many were housed in carton no. 663, the 1963 “Federal Files.”  Presumably some Brown Administration member or even the Governor himself removed or never placed the papers that will be auctioned in the files that eventually were archived at U.C. Berkeley’s Bancroft Library.

Two folders of Carton No. 663 were devoted to the Kennedy assassination.  The files chronicle the myriad issues that a governor’s office must handle with the untimely death of a president, ranging from symbolic to ceremonial to legal. 

The 2020 Sotheby’s auction includes an official telegram from the federal government to Governor Brown from Acting U.S. Secretary of State George W. Ball concerning the Kennedy assassination.   The Sotheby's webpage about the auction says in part, "Ball, George. Western Union Telegram to Governor Pat Brown, inviting him to Kennedy's lying-in-state and funeral. Single sheet (5 1/2 x 8 3/8 in.; 140 x 213 mm) typed, 22 November 1963; minor toning."

Related telegrams from the George Ball series bearing the same November 22, 1963 date are in the U.C. Berkeley “Pat” Brown Papers collection, including the Western Union telegram that Acting Secretary Ball sent to Governor Brown to inform him officially on behalf of the United States federal government that President Kennedy was dead:

“425P PST NOV 22 63  OB403

CTA495 CT WWY596  WWZ17   WWZ17 RX USGOVT PD WUX WASHINGTON

DC 22 NFT

THE HONORABLE EDMUND G (PAT) BROWN

IT IS MY PAINFUL DUTY TO INFORM YOU THAT PRESIDENT KENNEDY DIED AT DALLAS, TEXAS, TODAY, NOVEMBER 22, 1963, AT 2:00 PM

EST (WASHINGTON TIME).  FLAGS OF THE UNITED STATES AND STATE FLAGS SHOULD BE FLOWN AT HALF STAFF UNTIL SUNDOWN SUNDAY, DECEMBER 22, 1963

GEORGE W BALL ACTING SECRETARY OF STATE

22 1963 2:00 22 1963

The second telegram to Governor “Pat” Brown from Acting U.S. Secretary of State George W. Ball informed the State of California that Lyndon B. Johnson was the new President of the United States:

 “507P PST NOV 22 1963  OA562

CTA510  CT WWY687 WWZ19    WWZ19 RX USGOVT PD WUX WASHINGTON

DC 22 NFT

THE HONORABLE EDMUND G (PAT) BROWN

GOVERNOR OF CALIFORNIA SACRAMENTO CALIF

VICE PRESIDENT LYNDON B. JOHNSON TOOK THE OATH OF OFFICE AS PRESIDENT OF THE UNITED STATES ON NOVEMBER 22, 1963, AT 3:39 PM EST

GEORGE W BALL ACTING SECRETARY OF STATE

22 1963 3:39 PM”

Under Secretary of State Ball was acting Secretary of State because Secretary Dean Rusk was en route to Japan at the time.  Why two of Acting Secretary Ball's November 22, 1963 telegrams were archived at U.C. Berkeley and another of Acting Secretary Ball's telegrams of the same date is up for auction is mysterious.

Fortunately, many of the "unique" documents concerning Governor Brown and the 1963 Kennedy assassination are not part of the auction lot and are archived at U.C. Berkeley.

The first folder in U.C. Berkeley "Pat" Brown Papers Carton No. 663 (1963 Federal Files) was "Federal President - Kennedy - December."  On December 18, 1963, Governor Brown answered an inquiry from Miss Rita Naman of Solvang.  She noted that Solvang merchants observed no period of mourning.  Miss Naman thought that Brown that rescinded a proclamation concerning a period of mourning in California.  Governor Brown replied that he did not issue any kind of proclamation concerning a period of mourning.  He noted a proclamation from President Lyndon Johnson and said “a similar proclamation from a Governor serves no purpose and is only imitative.”  Governor Brown also informed Miss Naman that flags were lowered to half staff on state buildings throughout California without any action on his part.   Here a Brown administration official, apparently Governor's Press Secretary Jack Burby, entered an unusual handwritten note in the file.  He wrote, “[F]ootnote to history.  As a matter of fact, it wasn’t until the Gov. mentioned it and I called the state cops that they went out and brought the Capitol flag down.  JB 1/5/64.”  Governor Brown also informed Miss Naman that he did ask all state workers to go home on the day that the President died “since I felt further activity would be out of place. I also asked them to stay at home on the following Monday so they could attend memorial services.”

But Governor Brown's reply to Miss Naman was not entirely accurate.  It is true that Governor Brown did not declare Monday, November 25, 1963 a day of mourning, but he did issue a proclamation on November 22, 1963, the day of the President Kennedy assassination, declaring it a half-holiday, as the California State Library website confirms. 

Other citizens asked for Governor Brown to support symbolic memorials to President Kennedy.  One wanted Brown to intervene in the Jack Ruby prosecution, to not give Ruby the death penalty for killing Kennedy assassin Lee Harvey Oswald.  Some asked people to leave porch lights on overnight in honor of JFK.   Others wants the last minute of 1963 and the first minute of 1964 to be in silence in honor of the deceased president.  Governor Brown said that he wanted candlelight processions across country against hate and intolerance.

Colleges and universities across California mourned the Kennedy assassination and informed Governor Brown of their commemorations.  Chancellor Murphy of U.C.L.A. sent a transcript of the memorial ceremony to JFK held at the L.A. Sports Arena on NBC-TV on November 24, 1963.  The Sonoma State College newspaper sent a special memorial edition.

The Town of Emeryville in Alameda County city attorney sent an inquiry to Governor Brown’s office on December 21, 1963 requesting a copy of a November 25, 1963 proclamation said to have been issed by Governor Brown.  The city attorney wished to be advised if under the Government Code the Governor could declare holidays because the town government needed to determine if patrolmen and firemen required to work on November 25, 1963 were entitled to extra compensation.

Republican-leaning California newspapers honored President Kennedy.  Governor Brown wrote to Frank Conniff of Hearst Publications in New York City on December 17, 1963 in praise of Mr. Conniff’s column on JFK in the San Francisco Examiner on December 14, 1963 as “one of the most beautiful things I have ever read.” 

Leonard V. Finder, publisher of the Sacramento Union wrote to Governor Brown on November 29, 1963 that it was ironic that the Republican Union “should have expressed such an emotional sense of loss.”  Finder noted several editorial of praise to JFK and Jacqueline Kennedy, “whereas the other paper, ostensibly a “New Frontier” voice, has never had a decent tribute or single editorial devoted exclusively to our martyred President.”  This was Finder’s swipe at the rival McClatchy family-owned Sacramento Bee, a Democratic-leaning newspaper.  Governor Brown replied to Finder on December 12, 1963, “I try to get the facts in everything I do before making a decision.  I was away, of course, during this whole period and have never seen your coverage of the death of our President.  But, from all I have heard, it was done well.  I hope we have lunch very, very soon.”

The second folder in “Pat” Brown Papers Carton No. 663 at the Bancroft Library in 2012 was titled “Federal President – July – Nov (Kennedy) – file.”  This is the file folder that contained the two telegrams dated November 22, 1963 from Acting U.S. Secretary of State George W. Ball.

Roger Kent, prominent in the California Democratic Party, and Libby Gatov sent a telegram to Governor Brown on November 25, 1963 urging him to rally behind President Johnson.

Miss Alma Schulmerich of Portland, Oregon copied Governor Brown on her letter of November 29, 1963 promoting her earlier idea of a West Coast statue (“Oregonian,” April 10, 1950).  Why not build a West Coast statute in honor of JFK?  William D. Simpson of Inglewood wrote Governor Brown on November 27, 1963 against a “Pat Brown” Monday holiday for JFK.   A November 22, 1963 telegraph from a Mr. and Mrs. Sam Thmash (spell?) of Santa Monica asked Governor Brown to speak out against the reactionary right and the John Birch Society.

Various other citizen letters contained theories about the JFK assassination involving organized crime or Richard Nixon.  Other citizens promoted the effort to place President Kennedy on the half dollar coin or on the silver dollar, requested the cessation of alcohol sales through the Governor’s executive powers until the funeral of JFK, and urged television stations to play “Hail to the Chief” at sign-off in December 1963.

Frontier magazine, which focused on California politics, devoted its cover to JFK.   

The University of Southern California “student body” sent a telegram on November 22, 1963 to Governor Brown requesting cancellation of the U.S.C. vs. U.C.L.A. football game.

A telegram in Spanish from the consul of Ecuador caused consternation within the Governor’s office concerning diplomatic sensitivities.  It included a long handwritten note: “Try Joan first. If there is only one Consul of Equador [sic] in L.A.  (or was on 11/22/63), we should acknowledge.  (Consuls get together frequently + are also sensitive!)”

CalPolitiCal does not know how the 1963 Kennedy assassination folders in Carton no. 663 were re-arranged after 2012.  The old Carton no. 663 that CalPolitiCal examined in 2012 no longer exists. The finding aid on the Bancroft Library website for the "Pat" Brown Papers does not include a "bridge table" that would show how the collection was re-arranged.  It possible that some are in the " John Kennedy, 1963" folder in the "Political" files (new Carton no. 738, folder no. 23).  Others might be in the re-arranged "Federal" files, "Correspondence, 1963" (new Carton no. 681, folder no. 37).

CalPolitiCal hopes that the mysterious provenance of the Governor “Pat” Brown Papers concerning the 1963 President Kennedy assassination will be resolved before the Sotheby’s auction is conducted.  The rightful place for some, if not all, of those documents quite possibly is within the aforementioned folders of the Edmund G. “Pat” Brown, Sr. Papers at U.C. Berkeley’s Bancroft Library.

Leading Northern California Legal Practitioners and Scholars Analyze Mueller Probe

The American Constitution Society, San Francisco Bay Area Chapter presented a panel discussion on “The Presidency, the Special Counsel, and the Rule of Law” in San Francisco on Wednesday, March 20^th.  Special Counsel Robert S. Mueller III receives regular media attention, but the legal authority for his probe is often overlooked.

Deputy U.S. Attorney General Rod Rosenstein, in a capacity as “Acting Attorney General,” appointed Special Counsel Mueller under Order No.3915-2017, “Appointment of Special Counsel to Investigate Russian Interference with the 2016 Presidential Election and Related Matters.”  The legal authority cited in his order included 28 U.S.C. §§ 509, 510, and 515 and Sections 600.4 through 600.10 of Title 28 of the Code of Federal Regulations.  The reasons cited for the investigation are “to ensure full and thorough investigation of the Russian government’s efforts to interfere in the 2016 presidential election” and “to conduct the investigation confirmed by then-FBI Director James B. Comey in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017.”  The order specifically authorizes investigation into “(i) any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; and (ii) any matters that arose of may arise directly from the investigation; and (iii) any other matters within the scope of 28 C.F.R. § 600.4(a).”

An impressive panel of northern California legal practitioners and scholars, including former San Francisco U.S. Attorney Melinda Haag and Keker & Van Nest name partner John Keker, presented their perspectives.

How a Smoggy Schoolyard Sparked California’s Pioneering Air Quality Laws 60 Years Ago

As the 60-year Pat and Jerry Brown era of California government approaches its end, air quality is a key part of their intertwined legacy.

Governor "Pat" Brown (California State Library photo)

When Governor Pat Brown took office in January 1959, air pollution was not yet regulated at the state or national levels.  Two days after his inauguration, an eleven year-old girl wrote to him: “The smogg (sic) here in Los Angeles is so thick that it’s pitiful.”  Katy Dilkes continued, “In one of my school classes we had a fire drill.  The teachers always take roll call when we get outside.  The smogg was so thick that we could not tell if we were pink or blue.  I was thinking that since you’re Governor, I thought that maybe you could do something about it (and a little more than taking away incinerators).”  She asked, “[D]on’t you think that I, and everyone else, should have a little more to grow up to?”

On February 9, 1959, Governor Pat Brown cited Katy’s letter in his six-point air pollution control proposal to the Legislature.  Her letter and photo appeared in newspapers across the globe.

Katy Dilkes, then 11 years old, wrote a letter to Governor "Pat" Brown in January 1959 about thick smog that obscured her Los Angeles school yard.  Governor Brown cited her letter in his February 1959 message to the Legislature proposing one of the world's first comprehensive air pollution control programs. [Los Angeles Times

Photographic Archives (Collection 1429). Library Special Collections, Charles E. Young Research Library, UCLA.]

The following day, Brown replied to Katy, deeming her letter a “great help”: “Your description of the smog in simple, human terms has been as important to me as the great mass of technical material that we have studied on this problem.”  Brown added, “Your letter, Katy, reached beyond the problem of smog.  It reminded me of my vital duty to help insure that you and other young people have an opportunity to grow up in health and happiness.  When I think of our difficult problems in terms of our children, it makes me redouble my efforts to find the right solutions.  If we will remember our children and work with courage and confidence, I am sure we will not fail.”  He ended the letter, “Katy, I do want you to know that by taking the time to write your letter you performed a real public service.”

Brown’s point man on smog control was Warren Christopher, who later became a preeminent Los Angeles attorney and President Clinton’s Secretary of State.  On February 17, 1959, Christopher advised Brown on Detroit’s reaction to his plan, “The automobile industry officials attempted to create the impression that smog is a localized condition in Los Angeles, but State Department of Public Health experts have warned that this is a problem in every metropolitan area of California, as well as elsewhere … [A]utomobile officials seem more interested in creating resistance to smog control by pointing up high costs and necessity of inspection than in talking about their progress in devices.”

In 1959, Brown signed a law requiring the State to develop its first air quality standards.  In 1960, Brown approved a bill creating the Motor Vehicle Pollution Control Board, which promulgated and enforced the world’s first potent regulations of automotive exhaust.  In June 1966, Brown told an air pollution conference, "But one lesson we have learned here in California: If we had waited for the automobile industry or the federal government to act, we would have lost at least seven crucial years in the fight against smog."

Republican Governors Ronald Reagan (creation of Air Resources Board in 1967) and Arnold Schwarzenegger (signing of AB 32 global warming bill in 2006) continued a bipartisan tradition of bold, innovative air pollution control policies.  Jerry Brown added to it with his signing of climate control legislation.

Today Katy Purtee is a 71 year-old resident of New York state.  She worked as a set design artist in Hollywood and New York.  “It was shocking to me,” she recalls of the thick smog that obscured her classmates from her teacher, “All of our eyes were watering.”  Katy asked her mother for a way to express her concerns; she suggested that Katy write a letter to the new governor, Pat Brown.  It caught the eye of Warren Christopher, who asked her mother for permission to publish Katy’s letter.  Katy received mail from well-wishers around the world.

“I really do think that the two governors Brown, father and son, have been great leaders for California, which has led the way in our country, ecologically - a huge force that we desperately need more of,” says Katy Purtee today. “My husband and I try to do our little part with solar panels, hybrid cars and locally sourced food as much as possible, but government mandates and strict laws are what's really needed, I believe, for our survival.”

In the final days of the Brown era, we should recall the special relationship forged between Pat Brown and a Los Angeles schoolgirl from his first days in office.  Small voices can spark California’s worldwide leadership in environmental protection and human progress.