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Leary: Notes
UNITED STATES SUPREME COURT w
TIMOTHY LEARY, Ph.D. -- Appellant Do youi
V. w
STATE OF CALIFORNIA - Appellee p1
yo
INTRODUCTION That wa
This memorandum is submitted in support of Before t
appellant's application for bail pending appeal of his con-
viction of possession of marijuana in violation of Section THAT V
11530 of the Health and Safety Code of the State of Cali- YOUNG
fornia. The amount of marijuana was alleged to be two YOUR U
half-smoked cigarettes. IN THE:
At the present time Timothy Leary is unlawfully TURKE
imprisoned, detained, confined, and restrained of his ARE IRE
freedom in the California Men's Colony-West, San Luis THE YO
Obispo, California. Appellant has been incarcerated since DISAST
February 19, 1970. THE BA
[Editor's Note: This brief, including the above statement, AGAINS
was prepared by Timothy Leary just before his flight THEIR
from prison.] FELL FE

from

Scaged eagle

HURSDAY, JANUARY 28, 1971

NIGHT EDITOR: DAVE CHUDWIN

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;.., Tribue Syndicle

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This is

worse than Santa Barbara ... Let's head north
for some safe spot ... like Alaska!"

The immediacy of oli1o:
Ignrin th oiin ads

SINCE THE DAYS of Malthus, those con-
cerned with man's relationship to his
planet have been likened to the fictional
character who cried "wolf" when there
was none. And perhaps for good reason.
For the threat man posed to his existence
by destroying his environment's balance
was difficult to believe until he had "tam-
ed" nature.
Today, however, the fable has taken on
an ironic twist: as in the fable, today's
populace is ignoring the ecologists' warn-
ings even after they have become r e a 1.
Now the difficulty is in seeing why more
'people aren't listening when they see the
wolf.
Our society has the unique distinction
of being able to plan its funeral pretend-
ing it is i t s renaissance. An enormous
amount of energy was spent last year,
both on this campus and many others, in
an attempt to m a k e citizens "ecology",
conscious. Yet somehow, the effort seems
to have failed - the only remaining ac-
tivity is concentrated in the public rela-
tions departments of the largest polluters.
For instance while Standard Oil w a s
engaged in furthering its propaganda
image as a concerned, environment-or-
iented corporation on national television
last week, two million gallons of its oil
were being spewn along stretches of San
Francisco Bay shoreline. According to
Reuters, the "slimy patches" forced sea
lions (a species already endangered
through human exploitation) out of the
water while "dying fish flopped in o 11
pools on the shore." It s e e m s two of
Standard's tankers had collided. An ac-
cident. :
That same week, another accident oc-
curred when a Standard Oil of New Jer-
sey tanker ran aground off Conneticutt,
spilling another 386,000 gallons. But this
time, according to a company spokesman,
"there was no damage to marine life or to
waterfowl."
THIS IS UNDOUBTEDLY a lie. Every oil
slick endangers wildlife that depend
on the oceans for their subsistance. Add-
ing up the years and years of treating our
water resources as sewers, it is no wonder
the Great Lakes are dying, and the oc-
eans are threatened. Indeed, debris and
oil slicks were seen even in the middle of
Editorial Staff

the Atlantic by voyager Thor Hyderhal
during his recent trans-Atlantic trip on a
raft. Standard Oil's statement can only
be seen as another bit of propaganda de-
signed to foster a "concerned" image.
The propaganda of course is not lim-
ited to any corporation, monopoly or gov-
ernment. T h e federal government puts
forth the same theme, reflecting business
interest in profits. It's claim t h a t de-
spoilage of t h e Alaskan wilderness by
putting an oil pipeline across it is essen-
tial for "the growth and security" of our
nation is only the most recent example
of this.
What the government really fears is
that U.S. oil monoplies will lose their con-
trol over the world markets and the
"free" market system might really be-
come free. As our reserves become deplet-
ed, dependence on foreign oil could re-
quire that the U.S. cooperate with foreign
countries, share the wealth, and stop dic-
tating its own price. But the government
prefers economic control to ecological
balance. It has no concern for the envir-
onmental cost of its actions.
WHAT HAPPENS When t h e shrinking
wilderness is spoiled? What happens
in thirty years - when thirteen million
people live in this state and the only un-
inhabited land lies in the northern
stretches of Canada and Alaska? H o w
important will "growth and security" be
then? Assuring our future with t h e s e
forms of security is only to promote an
illusion of safety,
In a similar manner, we have been con-
ditioned to think that when a corpora
tion is stopped from polluting the oceans
or dumping mercury into a lake, it is a
victory for conservation. Yet these ac-
complishments are victories only in the
sense that the patient somehow receives
no more venom. The poison now in his
system is then expected to s i m p 1 y go
away. We have been conned into thinking
that pollution now is not deleterious, that
it can be solved in the future.
For example, we applaud when an Illi-
nois Circuit Court says that by 1975 or so
U.S. Steel will have to quit dumping waste
into lake Michigan. But what will that do
for the fish decaying on the shoreline to-
day? It is time for us to awaken to the
signs of our own destruction.
F OUR ENVIRONMENT is destroyed, the
political beliefs of those who brought
it about will make little difference. Na-

THE UNLAWFUL IMPRISONMENT OF TIMOTHY
LEARY AND HIS FAMILY SIGNALS A GRAVE
DANGER TO THE SPIRITUAL AND POLITICAL
WELFARE OF THE UNITED STATES OF AMERICA.
Rosemary and I are American Eagles
Totem animals of this land
Wild Free High Proud
Our children are eaglets
Fierce stubborn wild birds
We are in prison because we are American Eagles
We are not free because we have become symbols of
freedom
Laws have been passed against eagles
They have hunted us to the ground
Rashly wickedly and in violation of national law
Because we flew high above the cities the valleys
and mountain peaks
Because we laughed and cried FREEEEEEEDOM!
Because the beat of our wings sang FREEEEEEEDOM !
America cannot pass laws against eagles
Because the eagle is America
Life liberty and the soaring joyous flight
THE EAGLE IS NO LONGER OUR TRIBAL SYMBOL.
THE TURKEY IS THE NATIONAL BIRD. LOOK
AROUND YOU. FOOLS. THERE ARE NO EAGLES
LEFT IN THE SKY. THE WILD BIRDS HAVE
VANISHED.
But all our friends are eagles hawks thrushes larks
We know none but wild birds
ALL THE EAGLES HAVE BEEN SLAIN, WOUNDED,
CAGED, OR ARE IN HIDING. THE SONG BIRDS
WISELY ARE CONCEALED. TIMOTHY, BE COOL.
DON'T FLY WHERE THEY CAN SEE YOU.
DON'T SCREAM FREEDOM. THEY HAVE SWORN
TO FELL YOU.
Oh, we cannot change
It is the nature of the eagle to float high soar serenely
Living symbol of freedom
If we eagles do not fly high and be free who will?
This is the danger, O Judges
That the wild birds will be forgotten
They will forget that the eagle is our totem
They will forget
It has happened before
We are caged now because we were too free
Remember, America, we were your free-est souls
Your wisest funniest beautiful laughing souls
We never brought you down
Have you forgotten how we flew over your green city
parks and your college lawns?
Celebrating love peace and freedom?
Do you remember the excitement?
How the young thronged eagerly and the curious and
even the domesticated to spread wings and fly

ith us and rejoice in the freedom? Captives become domesti
remember how you thrilled to the sound of our We salivate at feeding ti
ings and cheered and laughed to be in the spoon on metal tr
resence of high wild birds and thus regained And when we are uncage
our wings? That clank of metal will
s before they drove us away with guns
he time of guns No we will not forget w
Our wild souls still beat
VAS YOUR PROBLEM, TIMOTHY. THE Our muscles strain again
. YOU SHOULD HAVE STAYED HIDDEN ON When tides of ancient en
gOUNTAIN TOPS. YOU CREATED ANARCHY We tremble
HEN COOPS AND CONFUSION IN THE We sit trembling in our c
Y RUNS. THE JUDGE WAS RIGHT. YOU It is hard for the proud t
RESPONSIBLE PLEASURE-SEEKERS. ALL We will not forget who w
)UNG BIRDS STARTED TO FLY. IT WAS A We pray that you, belove
ER. THEY SMASHED THEIR WINGS AGAINST
RS. YOUNG CHICKENS BEAT THEIR WINGS YOUR SCHOLARLY FR
T THE BARS. YOUNG CHICKENS BEAT RIGHT FOR YOU TO B
WINGS FUTILELY AND WEPT. A VERY FEW FREELY IN PUBLIC. E
ROM ROOF TOPS. MANY FLEW SO FAR THEY WHO LOVE YOU SAY T
RETURNED TO THE HEN COOPS.
ANDS WERE HURT AND CONFUSED. Oh beloved, we never tol
NS WERE LOST TO SOCIETY. THE ORDERLY bird in poultry tim
SS OF DOMESTICATION WAS DISRUPTED. We warned of the dange
CRIMINAL IRRESPONSIBILITY TO TELL Great God, look up
)UNG TO BECOME EAGLES. You don'tneed a govern
that it is dangerou
ieloved before you have te
r told the young to be eagles You know that in your b
Be free Everyone knows where it
r your deep wild nature and be true to it We warned you that the
own thing We never told you it was
We told you, beloved, tha
)U MADE FUN OF DOMESTICATED BIRDS. lose your way back
ICKENS WERE ASHAMED AND THE ANGRY That there were no heate
YS HAD NO SENSE OF HUMOR. for the wild ones
That you would have to t
joked at the spectacle of wild creatures far away
retending to be domesticated Our slim tipis on the mo
them it is the nature of the wild bird to laugh
nd fly free WE ARE NOT REALLY
RARE BIRDS AND WE1
IMOTHY, THAT WAS YOUR MISTAKE. WE
D YOU. THE DAYS OF FREE FLIGHT ARE Eagles cannot live in cap
ILLEGAL. WILD BIRDS ARE VANISHING Soon we will die if we ar
RY.. .,POULTRY. . . POULTRY. THE LARKS Do you want us dead?
)ISAPPEARED AND THE SWALLOWS. Don't you know that Am
NS OF CHICKENS ARE INCUBATED, If we die, beloved, you wi
NED, PREPACKAGED PALE YELLOW IN
WRAP, OR CROWDED IN METAL CAGES "HE HAS PREACHED I
THEIR EGGS ROLL DOWN RUNWAYS. BREADTH OF THE LAN
J KNOW THAT THE 1400 MEN IN YOUR THE VIEW THAT HE V
s DEVOUR 30,000 CHICKENS A YEAR? THE COMMUNITY IF R
ARE BUSINESS.
Wild creatures of God ca
caged because we are free Open the gates of metal
caged because we are all American eagles Freedom ... Freedom ...
 of what may vanish Fly high ... Freedom
ht high proud It is our nature to fly
Freedom .
A WASTE! WITH YOUR ENERGY AND Fly laughing in the imag
 YOU COULD HAVE BECOME TOP TURKEY. Freedom .
50 MUCH FOR SOCIETY. YOU SHOULD HAVE The time has come
 AWAY FROM THIS POULTRY LAND WHERE
S ARE HUNTED. FLOWN TO LANDS WHERE
'REATURES LIVE FREE.
ld we fly away?
American eagles soul spirits of this broad land
w away to nest on distant peaks..
uld remind you, beloved?
ild forget that this is the land of the eagle
ud free brave laughing land
forget
caged
we were free
waiting for flight
p that we are surrounded by metal
ud eaglet keeps repeating over and over. #
n't they leave us alone?
i fourteen times for the proud look he could not
ide
atures cannot live caged
nust fly and cry FREEEEEEEDOM
vinds at sunrise
;nt
u will be freed
the captive pain of eagles
:ot fly now
sh our wings against the bars
ve cannot cry FREEEEEEEDOM for it maddens
ie poultry We cannot wait
n captivity recalling wondrous history of our Freedom . .
;ecies
nge, Eleusis, along the Ganges CON
west across the prairies with the buffalo
in free space and time when swan clouds The issue in this br
arkened the blue sky and songs of wild ones be admitted to bail pendi
lled the air We have demonstrated t

not forget who we are and Eighth Amendments
n eagles traditions, indeed, the sp
require release of souls w
t keep in flight condition their freedom.
ng grounded
tensing our wings
the wild cry, muted, straining our throats
asy to forget
an. The sc-ramble

cated
me hearing the clank of metal
ay
d
be reflex sign of danger
ho we are
st the bonds
ergy surge within
ages
o be captive
ue are
d, do not forget who we are
IENDS GRANT THAT IT WAS
E EAGLES. BUT NOT TO FLY
VEN YOUR PEACOCK FRIENDS
'HAT YOU ARE FOOLISH.
d you it was easy to be a wild
re
rs
ment commission to tell you
as to fly too high or too early
sted your wings.
ones
's at
heights were dizzying
safe to be a wild one
t if you flew too far you would
to the hen coop
ed or air conditioned bird cotes
build your own nests high and
untain side showed you how
AGAINST EAGLES. YOU ARE
WISH YOU TO SURVIVE.
tivity
e not freed
erica cannot live without eagles?
ll waste away and die too
T THE LENGTH AND
.D AND I AM INCLINED TO
MOULD POSE A DANGER TO
2ELEASED."
nnot live in cages
Freedom
e of God

4

4'

11

4

4

Taiwan
(Editor's Note: The discovery
of what are thought to be vast
petroleum deposits near an ob-
scure, uninhabited group of is-
lands has set off a struggle be-
tween Japan and Nationalist
tChina over possession of the is-
lands. American oil firms are
thought to be playing an im-
portant part behind the scenes.
The following article, stating the
case for the Chinese claim to the
islands, represents the official
position of the University Chi-
nese Students Association. It
was written by John Siak, a
graduate student in Microbiolo-
gy.)
By JOHN SIAK
Daily Guest Writer

vs. Japi


these islands are part of the Ryu-
kyu Islands, since these islands are
administered by the U n i t e d
States, and will be returned to
Japanese control in 1972.
Historical and geograph~cal
documents,however, give support
to possession by the Republic of
to possession claims by the Repub-
lic of China (the Taiwan govern-
ment.) Japan has no claim on
these islands.
The islands, called Senkaku by
Japan, are five small, uninhabited
dots of land which are a natural
geological extension of the Chinese
mainland continent. The depth of
the sea between mainland China
and the islands never exceeds 200
meters.

- ~ o
.t0Z.3

during the w
geography o
tled when
that the isla
ered and ad
their Taipei
Prefecture.
On Decem
Declaration
cated that
wan) . ..sh
Republic of
The Pots+
May 26 1945
the Cairo De
ried out .. .
Finally, th
nese surrend
ers, signed
eluded the p

tar, a dispute over the 1
f the islands was set- l
a Tokyo court ruled
ands would be consid-
ministered as part of
(capital of Taiwan)
ber 1, 1945, The Cairo
was signed and indi-
" . Formosa (Tai-
all be returned to the
China..'j
;dam Declaration of
5, reads "Thie terms of
claration shall be car-
he terms of the Japa-
ler to the Allied pow-,
on Sept. 2. 1945, in-
promise that "We- -

CLUSION
of is whether the apbellant shall
ing appeal of his conviction.
hat the principles of the First
and the sanctity of our tribal
iritual survival of our people,
ho are held captive because of
Respectfully submitted,
Timothy Leary
Appellant
September 12, 1970
for oil
ports by the fishermen, they were
harassed under gunpoint.
On September, 1970, the Ryu-
kyu government declared its in-
tention to establish a weather sta-
tion on one of the previously un-
inhabited islands with the consent
of the Japanese government.
It is the view of the Chinese
StudentsaAssociation that thes
actions are signs of a revival of
imperialism in Japan, which,
doubtless to say, had led her to
become a victim in the Second
World War.
For this reason. Chinese Stu-
dents in the United States are
staging a mass protest against
Japanese militarism. Committees
have been established at Prince-
ton University, Chicago, Wiscon-