24848 CONGRESSIONAL RECORD - SENATE December J7 (Rept. No. 1054). Referred to the House PRIVATE BILLS AND RESOLUTIONS DESIGNATION OF ACTING PRESI­ Calendar. Mr. NATCHER: Committee ot conference. Under clause 1 of rule XXII, ·DENT PRO TEMPORE H.R. 7431. A blll making appropriations for · Mr. POWELL introduced a blll (H.R. 9514) The legislative clerk read the follow­ the government of the District of Columbia for the relief of Athanassia Eleni, which was ing letter: and other activities chargeable in whole or referred to the Committee on the Judiciary. U.S. SENATE, 1n part against the revenues of said District ACTING PRESIDENT PRO TEMPORE, for the fiscal year ending June 30, 1964, and Washington, D.C., December 17, 1963. for other purposes (Rept. No. 1055). Ordered PETITIONS, ETC. To the Senate: to be printed. Being temporarily absent from the Senate, Mr. ROONEY of New York: Committee of Under clause 1 of rule XXII, petitions I appoint Hon. GEORGE D. AIKEN, a Senator conference. H.B. 7063. A bill making appro­ and papers were laid on the Clerk's desk from the State of Vermont, to perform the priations for the Departments of State, Jus­ and referred as follows: duties of the Chair during my absence. tice, and Commerce, the Judiciary, and re­ LEE METCALF, lated agencies for the fiscal year ending June 537. By the SPEAKER: Petition of Henry Acting President pro tempore. 30, 1964, and for other purposes (Rept. No. Stoner, Avon Park, Fla., relative to the elec­ 1056). Ordered to be printed. tion and succession of the President and Mr. AIKEN thereupon took the chair Vice President as provided in the Constitu­ as Acting President pro tempore. tion of the United States; to the Committee on the Judiciary. REPORTS OF COMMITTEES ON PRI­ 538. Also, petition of Henry Stoner, Avon THE JOURNAL VATE BILLS AND RESOLUTIONS Park, Fla., relative to maintaining a truly honorable States rights under the Constitu­ On request of Mr. MANSFIELD, and by Under clause 2 of rule XIII, reports of tion of the United States; to the Committee unanimous consent, the reading of the committees were delivered to the Clerk on the Judiciary. Journal of the proceedings of Monday, for printing and reference to the proper 539. Also, petition of Henry Stoner, Avon December 16, 1963, was dispensed with. calendar, as follows: Park, Fla., requesting passage of House Joint Resolution 789, to adopt a specific version of Mr. LIBONATI: Committee on the Judici­ the Star Spangled Banner; to the Committee ary. H.R. 4361. A bill for the relief of the MESSAGES FROM THE PRESIDENT estate of Paul F. Ridge; with amendment on the Judiciary. (Rept. No. 1047). Referred to the Commit­ Messages in writing from the Presi­ II ..... •• dent of the United States submitting tee of the Whole House. Mr. LIBONATI: Committee on the Judici­ nominations were communicated to the ary. H.R. 4972. A bill for the relief of Robert SENATE Senate by Mr. Miller, one of his secre­ E. McKee General Contractor, Inc., and Kauf­ taries. man & Broad Building Co., a joint venture; TUESDAY, DECEMBER 17, 1963 with amendment (Rept. No. 1048). Referred to the Committee of the Whole House. The Senate met at 12 o'clock meridian, MESSAGE FROM THE HOUSE Mr. ASHMORE: Committee on the Judici­ and was called to order by Hon. GEORGE A message from the House of Repre­ ary. H.R. 6748. A bill for the relief of the D. AIKEN, a Senator from the State of sentatives, by Mr. Hackney, one of its J. D. Wallace & Co., Inc.; without amend­ Vermont. reading clerks, announced that the House ment (Rept. No. 1049). Referred to the Com­ The Chaplain, Rev. Frederick Brown had passed a bill

l 1963 CONGRESSIONAL RECORD - SENATE 24853 ment of all questions of boundary that may by territory that was indisputably Mex- . years ago this month, agreed that this arise with other governments." lean territory, and thus were U.S. land area was disputed territory, and by a The reference to the Federal Govern­ islands, entirely surrounded by Mexican treaty submitted the question to arbi­ ment is clearly a reference to the United territory. tration. States of America. Actually, more than the 58 bancos By a vote of 2 to 1-the Mexican com­ There was a dispute at that time be­ specifically identified in the treaty were missioner and the Canadian commis­ tween the Republic of Texas and the involved. There were islands of Mex­ sioner decided against the United States, Republic of Mexico over the southern ican territory north of the Rio Grande the U.S. commissioner having dis­ and western boundaries. The right of River, and .islands of American territory agreed-it was attempted to fix the settlement of those boundaries was ex­ south of the river in Mexico. There was boundary line in the channel as the river pressly granted by the Republic of Texas Mexican territory in the United States, flowed in 1864. The United States con­ to the United States. Or rather Texas but north of the river. That is because tended that the 1864 line was not within gave up any claim to the right it had as the Rio Grande for a good part of its the terms of the convention. They were an independent nation, to adjust bound­ course between the United States and told to decide whether the Chamizal aries with foreign nations. Mexico flows through an alluvial flood tract was in the United States or Mex­ The third article of that compact plain, over a sandy plain. That is true ico. The commission split and held that which the people of Texas often refer to, in the valley of El Paso and through a part of the tract was in the United and regard as binding, was that one of most of the territory from Del Rio to States, and a part in Mexico. the conditions of annexation was that Brownsville, which latter city is adjacent There seems to have been a rapid Texas have the right to divide and cre­ to the river near the Gulf of Mexico. change in the river in 1864, but the river ate four more States out of its territory, The river constantly shifts as it flows had not been surveyed that year-1864- and subdivide itself into a total of five through a wide, sandy plain with loose or immediately thereafter. That was States. Under the same article under soil, where the banks of the river are in due to historic causes. which we have the right to divide into constant change. After the South seceded in 1861 and five States, we agreed that the Federal As the distinguished junior Senator the Confederacy was established in 1862 Government should have the right to ad­ from Texas has said, the Banco Treaty a Confederate-Texan column invaded just boundaries with other nations. of 1905 did not cover the whole Chamizal New Mexico and captured Santa Fe and After the Mexican War, the treaty of· dispute, which had grown up in 1867. Albuquerque. Although the column was 1848, the Treaty of Guadalupe-Hidalgo The Chamizal dispute was reserved for victorious there, it was finally defeated reaffirmed the boundary that the Repub­ a later treaty, the treaty of 1910. in the battle of Glorietta Pass, partly lic of Texas had declared on the 19th I hold in my hand a map that was a because of a shortage of supplies, and day of December 1836 to be its southern part of the testimony on behalf of the partly because a California column had boundary-that is, between the Republic United States during the consideration crossed the desert in their rear. The of Texas and the Republic of Mexico-­ of the Chamizal arbitration case. It Confederate-Texan troops had gone far along the centerline of the Rio Grande, gives some idea of the ambulatory nature enough west into Arizona to see Cali­ and along the center of the deepest chan­ of the river in the valley of El Paso. To fornia territory, but the California nel, if there were more than one channel. the left of the map is the city of El Paso. troops advanced and occupied El Paso This boundary ·was fixed by agreement The Chamizal area to the west of Cordova in 1862 and continued to occupy El Paso between the ·United States and Mexico, Island is shown on the map. until the end of the war. They wrote in the Treaty of Guadalupe-Hidalgo in The river shown in green was the river their muster rolls in the deed records 1848. surveyed in 1852. It was located by the of the county in El Paso. I have seen That boundary was reaffirmed in the Emory-Salazar survey, made by Major them; I practiced law there for 3 ½ years. treaty by which the Gadsden Purchase Emory, of the U.S. Army Corps of Engi­ The California troops were stationed was acquired in 1853. It was reaffirmed neers, and Colonel Salazar, of the Mex­ there on occupation duty. in 1884 by the treaty between the United ican Army Engineers, who jointly sur­ Civil government was disrupted. No States and Mexico, in which it was veyed and monumented the boundary land grants could be made until after agreed that the line would remain fixed between the United States and Mexico. the Civil. War had ended. It was some in the Rio Grande. The river shown in blue is the river of time before normal civil activities were But by the treaty of 1905 between the 1889. The river shown in yellow is the restored. So there was a hiatus of time United States and Mexico it was agreed course of the river in 1899. The river in which surveys were not made and that they would take up and settle the shown in pink was the river of 1907. there was no actual identification ~f the status of 58 of what were defined as Cordova Island is in this area. All channel of the river in 1864. "bancos." Those were territories of land four colors of rivers covered a part of After the refusal or failure of the either south of the Rio Grande or north the area the distinguished junior Sena­ parties to settle the Chamizal arbitration of the Rio Grande that were cut off from tor from Texas mentioned, which lies by the treaty of 1910, which had fol­ one republic or the other by the action of to east of Cordova Island, a part which lowed a historic meeting between Presi­ the river and left on the opposite bank was adjusted in this treaty, as shown. dent Diaz, of Mexico, and President from the bank that was generally con­ At one time, the rivers of 1852, 1889, Taft, of the United States, on the bridge sidered to be the bank of their territorial 1899, and 1907 covered a part of the at· El Paso, this matter remained as a jurisdiction. Fifty-eight bancos were territory east of Cordova Island and thorn in the center of all negotiations identified and named in the report in the east of the Charllizal as the river moved between the United States and Mexico treaty of 1905 between the United States around. for more than 50 years. and Mexico. Those 58 bancos were 58 In 1910, to settle the dispute over the Now a convention is before the Sen­ territorial areas that existed, surrounded Chamizal, in what was a business area of ate to settle the Chamizal dispute. I by the territory of a foreign nation partly El Paso, the two nations entered into shall not discuss the terms generally, north of the Rio Grande and partly south an arbitration treaty, separate from the other than the proposed reservation that of the Rio Grande. Of the bancos north Banco Treaty of 1905. In this treaty, it the treaty be not ratified unless the legis­ of the Rio Grande, many were separated was agreed that the Chamizal tract in lature of Texas first approves it. from the river by land of the United dispute was located at El Paso, Tex., and I refer to the opinion of Martin States and were land islands of Mexico Juarez, Mexico. It was defined as the Richardson, Assistant Attorney General wholly surrounded by territory of the river valley area, west of Cordova Island of Texas, to whom the matter was re­ United States. · and south of the boundary of 1852. The f erred. He has given the opinion of the Conversely, south of the Rio Grande, question was proposed to be submitted State of Texas, as approved by Mr. Wag­ by the action of the river, many bancos to arbitration. It was agreed, too, that goner Carr, by numerous statements in were territory indisputably of the Urlited the award would be binding, and that the press that this was not a Texas mat­ States, were owned by the United States, there would be no appeal. ter. and owned by U.S. citizens, but were That convention was ratified by this A number of cases in the Texas courts south of the Rio Grande. Many of them Senate on December 12, 1910. The sig­ have challenged the constitutionality of not only were south of the Rio Grande, nificant part was that these two nations, the Banco Treaty, because the territory but were separated from the Rio Grande by a treaty ratified in the Senate 53 in dispute, belonged, in the one case, to 24854 CONGRESSIONAL RECORD - SENATE December ·17 Mexico, and in the- other case to the tlon.s of boundary that may arise with other case, by ceding to· Mexico land ·belong­ United States. governments. ing t.o Texas, we might be troubled All of it was a part of the adjustment ot At the time of the resolution, the later on by some other claims, not just the boundary in this alluvial flood plain; Republic of Texas had been engaged from our good neighbors to the south, and the Attorney 'General of Texas for a period of almost 10 years with but also from our good neighbors to the pointed to these four cases in the court Mexico in 'a dispute over the south·ern north, who might get the idea that the of civil appeals of El Paso, in some of boundary of Texas. Mexico claimed all United States is in a generous mood and which writs were refused by the Supreme the land up to the Nueces River, and is prepared to cede away a great deal of Court of Texas. in which the court held the Republic of Texas claimed that the property, simply t.o mollify and placate that these changes in sovereignty or Rio Grande was the true boundary. A our friends. dominion, as in the banco case did not virtual state of war existed in this area, Mr. MORSE rose. invalidate the treaty. They were and the seriousness of the dispute is Mr. SPARKMAN. Does the Senator changes in which it is provided that the further evidenced by the fact that the from Oregon desire to have time yielded owners of the land shall retain their Mexican-American War broke out within to him? titles to the land and will retain the right a year following the annexation of Mr. MORSE. Yes; 1 or 2 minutes. to live on the land, retain their existing Texas. Mr. SPARKMAN. I yield 2 minutes citizenship, or assume citizenship in the It was with this dispute in mind that t.o the Senator from Oregon. nation to which the land was granted. the annexation resolution provided that The PRESIDING OFFICER. The The court held that this was a constitu­ the U.S. Government would have the Senator from Oregon is recognized for tional treaty action and was an adjust­ power to settle boundary questions aris­ 2 minutes. ment of the location of an international ing with other governments. It was Mr~ MORSE. Mr. President, I have boundary; and tour times those cases with the specific dispute above referred worked on this case, insofar as studying were upheld in the appellate courts of to in mind that this language was put it is concerned, for a long time. I have Texas, beginning with the first decision int.o the resolution; and it is not to be previously spoken on the floor of the in 1932, out of the courts of El Paso. suppased that the U.S. Government Senate in support of the treaty. So on They have been uniformly upheld by thereby intended to have a continuing this occasion, I shall not repeat those those courts, which have held that the right to change the boundary of Texas remarks, except t.o say that I think our adjustments of boundaries, even in the at will. As far as we know, no such -Government is t.o be congratulated on case of the bancos, are not transfers of provision exists with reference to other the negotiated adjustment it has made sovereignty, but merely adjustments in States. to correct what I consider to be an inex­ the location of an international Mr. President, I also paint out that I cusable wrong that the United States boundary. do not believe this convention relates committed against Mexico, when, after '11lis present treaty is an adjust­ to the Banco Treaty of 1905, which had it agreed t.o go into arbitration and nego­ ment in accordance with the terms to do with the rectification of e. bound­ tiation in regard to this matter, it walked of the 1910 agreement and within the ary, for, as my colleague CMr. YAR­ out on the decision. That course of ac­ meaning of the banco agreement of 1905, BOROUGH] has said, the bancos had been tion cannot be Justified, particularly which did not specifically cover this tract, isolated on the wrong side of the river, when we profess to the rest of the world because of the number of people living and that was simply done subsequent t.o tha.t we believe in the settlement of dis­ on 1t. 'I1l.is adjustment is also within the treaty of 1884. putes by means of the application of the the terms of the holding of the courts In this case we have no rectification of rules of law. When decisions go against that this is an adjustment of the loca­ a river boundary involved in connection us, we should go with the decisions. tion of an international boundary, and with the land in the Cordova Island In my judgment. there never has been does not deal with a geographical bound­ which is in dispute. Therefore, I think justification for the Position the United ary, in the sense of a meridian, and it must be conceded that this is a ces­ States took. I have been involved in a that it is not a mathematical bound­ sion of land to Mexico. great deal of arbitration work during my ary, but is a fluvial boundary which I ask unanimous consent that at this lifetime; and it is a common technique changes with the flow of the river. So, time there may be a quorum call, with­ for the losing side to claim that the not being a geographical boundary or a out charging the time required for it t.o arbitrator went beyond the terms of mathematical boundary, but being a flu­ the time available to either side under reference. vial boundary, this adjustment or settle­ agreement. Mr. President, when we go int.o an ment is in keeping with those court hold­ The PRESIDING OFFICER. ls there arbitration and when we accept juris­ ings; and the matter of cession of terri­ objection? Without objection, it is so diction by a tribunal....,...as we did, and t.ory is not involved. Therefore, the con­ ordered; and the clerk will call the roll. there is no question about the compe­ sent of the Legislature of Texas is not The legislative clerk proceeded t.o call tency and high qualifications of the required or involved-just as the chief the roll. board of arbitration-we should stand law officer of Texas has held that the Mr. MANSF'IELD. Mr. President, I by the- results. question of Texas sovereignty is not here ask unanimous consent that the order Ever since 1911, this matter has been involved. for the quorum call be rescinded. a bone of contention between the United Mr. TOWER. Mr. President, I yield The PRESIDING OFFICER. Without States and Mexico. It has not been myself 5 minutes. objection, it is so ordered. helpful to our country, in connection The PRESIDING OFFICER. The Mr. MANSFIELD. Mr. President, on with public opinion 1n Mexico. I do not Senator from Texas is recognized for 5 the question of agreeing to the reserva• know of a single time when I have been minutes. tion proposed by the Senator from Tex­ in Mexico when this matter has not been Mr. TOWER. Mr. President, none of as [Mr. TOWER], I ask for the yeas and thrown into my face. So I am very glad the cases cited by the Attorney General nays. that. at long last, we have negotiated of Texas deals with cessions; instead, The PRESIDING OFFICER. Is there an honorable settlement, as represented they relate to boundary disputes. There­ a sufficient second? by this treaty with Mexico. fore, while the p0wer of the United The yeas and nays were ordered. I highly commend our negotiators, and States to settle an international bound­ Mr. TOWER. Mr. President, I yield I enthusiastically suppart the treaty. ary dispute may be conceded, the power myself 2 minutes. Mr. TOWER. Mr. President, I yield to cede territory to a foreign power is an The PRESIDING OFFICER. The myself 2 minutes. entirely dtlferent matter. In my opinion, Senator from Texas is recognized for 2 The PRESIDING OFFICER. The the cases cited by the Attorney General minutes. Senator from Texas is recognized for 2 of Texas would not apply to such a Mr. TOWER. I point out that the minutes. . cession. Republic of Mexico or many of the people Mr. TOWER. Mr. President. I believe The joint resolution of March 1, 1845, of Mexico still claim some islands off the the issue is being obscured. Regardless which provides_ for the annexation of coast of Callfomia. For example, Cata• of the merits of the award of 1911, the Texas t.o the United States, provides: · lina Island is one; San Clemente is an­ fact remains that there is involved in the Said Sta.t.e to be formed, subject to the other; and there are others. If we fol­ treaty the cession of territory that is not adjustment by this government of all ques- low the bad precedent proposed in this currently in dispute. · If the award was 1963 CONG~SSIONAL _RECORD - SENATE 24855 a just award in 1911, why do we not I wish my country to proceed in honor the east. The· map attached to the abide by the award of 1911 and give up in all its diplomatic relations with all treaty shows what is being adjusted. All that portion of the Chamizal which was the nations of the world. I am delighted -of what has been found to be in Mexico awarded to Mexico in 1911? We are go­ that the Government of the United is far south of where the river originally ing beyond that. Actually, this is a new States, at long last, acting under a two­ was in 1889 and 1899, as shown on the ball game. We have drawn a new bound­ nation Commission appointed by the colored map. ary, taking in land that was not com­ chiefs of state of the two countries· in­ The hatched lines indicate that what· prehended in the deliberations of the volved, has determined upon a reason­ is being awarded by the United States original Chamizal arbitration commis­ able and satisfactory manner in which .was indisputably south of the river in sion. Therefore, I contend that we are to resolve the dispute. 1889 and 1899. ceding land that belongs to the State of In this connection, I recall that early There was a great flood in 1899, and Texas and the United States. this year I was a delegate to the Mexi.­ by agreement between the mayor of Mr. SPARKMAN. Mr. President. I can-American Parliamentary Conference Juarez and the mayor of El· Paso, an yield 2 minutes to the Senator from Cali­ in Mexico. All of the American dele­ artificial channel was cut into the neck fornia [Mr. KUCHEL]. gates had an opportunity to sit down o: Cordova Island because both cities The PRESIDING OFFICER. The with a distfaguished civil servant, the were being flooded. Since that time, Senator from California is recognized then Ambassador to Mexico from the that area of land-approximately 400 for 2 minutes. United States, Thomas Mann. I was acres-at Cordova Island has been land Mr. KUCHEL. Mr. President, I speak ·singularly impressed with his qualifica­ sticking up into the heart of El Paso, as an American, born in the State of tions and his dedication to his country. and it has been in dispute with Mexico. California, whose State and whose peo­ He traced the history of the Chamizal . That problem is being adjusted under ple have been enriched over their long dispute. He gave his own frank recom­ .the treaty. All of the territory is south history by a culture from the people of mendations as to what he thought should pf the land that is within the historic Latin America, and most particularly by be the ingredients by which this dis­ frame of reference of land whose lo­ the people and the culture of Mexico. agreement should be set at rest. The cation was covered by varying shifts I believe I know the Mexican people treaty before the Senate follows th~ line of the channel of the Rio Grande River. quite well. There is no more gallant of logic which he meticulously outlined. Mr. TOWER! Mr. President, I yield race in this hemisphere or on this globe. Mr. President, I came away feeling myself 2 minutes. I do not question the In the years ahead, it would be my fer­ that there was now an opportunity to merits of the treaty. . This is a question vent prayer that the people of the United bring the Chamizal dispute to a success­ which should be resolved. I have al­ States maintain and strengthen the ful and fair conclusion. I am delighted, ways hoped for good, amicable relations bonds of cordiality, of amity, and of incidentally, that Ambassador Mann with our friends to the south. Indeed, brotherhood between our two closest now takes his place as a high-ranking I believe the treaty has much merit. neighbors, Canada to the north and Mex­ official in our Department of State What worries me is the precedent set ico to the south, for our aspirations as charged with the prime responsibility of in ceding what I consider to be land that people are precisely the same. fostering good relations in this hemis­ is not in dispute, and therefore land be­ In my judgment, it is regrettable that phere with our neighbors to the south. longing to the sovereign State of Tex­ for almost a century problems which Thus, I look forward to voting for the as and to the United States. should have been solved long ago have treaty precisely as it came from the For­ I merely ask for the concurrence of continued as an"irritant to the bonds of eign Relations Committee, and _I look the Legislature of the State of Texas, friendship we have been trying to forward, too, to the settlement between which I believe would be forthcoming. strengthen with our neighbors to the our two countries of other disagreements I am reasonably sure that it would be. south. between our two nations, particularly I believe with that consent we could pro­ Today, the Senate has to shear away that with respect to the waters of the ceed in an orderly way with a sound the type of dispute which should have Colorado River, particularly to the usa­ precedent, and establish and make ef­ been set at·rest half a century ago. bility of those which, by treaty, go to fective the treaty, which I believe would The Chamizal dispute, which has now Mexico, for there, as here, we have a remove a sore sPot, existed for almost a century should have duty to proceed in honor and in fairplay. I should like to emphasize. that I have been set at rest by the Government of At any rate, this is a happy day in the not questioned the merits of the ar­ the United States 52 years ago. For it good relations of Mexico and the United rangement of the settlement. I merely was in 1910 that both of our nations States. The Senate is about to demon­ raise a legal question which I believe signed a convention referring this matter · strate its desires to strengthen the ties should and must be raised. to arbitration. In 1911, the Interna­ between these two great peoples. · Mr. MANSFIELD. Mr. President, . I tional Boundary Commission awarded I look forward hopefully toward a con­ suggest the· absence of a quorum. part of the Chamizal tract to Mexico. tinuing strengthening of the friendship The PRESIDING OFFICER. The Regrettably, the United States failed to and the brotherhood between the people clerk will call the roll. put this award into effect. of the United States and the people of The legislative clerk proceeded to call The Senate of the United States will Mexico. the roll. now approve a convention which gen­ Mr. YARBOROUGH. Mr. President, Mr. MANSFIELD. Mr. President, I erally carries out the 1911 arbitral award. will the Senator yield? ask unanimous consent that further pro­ Various land will be exchanged. There Mr. SPARKMAN. I yield 1 minute to ceedings under the quorum call may be will be a net transfer of over 437 acres the Senator from Texas [Mr. YARBOR­ dispensed with. to Mexico. · OUGH]. The PRESIDING OFFICER. With­ The people of Mexico, our beloved The PRESIDING OFFICER. The out objection, it is so ordered. friends, may look upon this convention Senator from Texas [Mr. YARBOROUGH] The question- is on agreeing to the as one more binding t~e between us to is recognized for 1 minute. Tower reservation to the resolution of help make this Western Hemisphere a Mr. YARBOROUGH. Mr. President, ratification. On this question, the yeas place for people to live together in happi­ the question that my distinguished col­ and nays have been ordered, and the ness, in mutual assistance-loving their league from Texas raises can be clari­ clerk will call the roll. liberties and peacefully settling their dis­ fied by reference to a map. Unfortu­ The legislative clerk called the roll. putes and their disagreements. There nately, maps cannot be prpited in the Mr. HUMPHREY. I announce that must not be unresolved issues between CONGRESSIONAL RECORD. However, Sen­ the Senator from Idaho [Mr. CHURCH], our two great peoples. ators will observe on the map which I the Senator from Oklahoma [Mr. It has been said in debate that the hold in my hand that the area being EDMONDSON], the Senator from Louisiana Government of the United States entered adjusted is the area of the shifting chan­ [Mr. ,ELLEN~ER], the Senator from Ar­ into an agreement to arbitrate a dispute nel in the alluvial fan of the Rio Grande. kansas [Mr. FULBRIGHT], the Senator and then saw fit, when the arbitration It is the area east of Cordova Island. from Tennessee [Mr. GoRE], the Sepator award was made, to walk away from it. Looking at the map one can see the from Arizona [Mr. HAYDEN], the Senator That is not the path which our beloved river in various positions between 1852 to from Missouri [Mr. LONG l, the Sena.tor country should tread. 1907. Cordova Island is immediately to from Washington [Mr. MAGNUSON], the 24856 CONGRESSIONAL RECORD - -SENATE December 17 Senator from Arkansas [Mr. Mc­ Kea.ting Miller Robertson Congratulations are due to the Chief Kennedy Morse Russell CLELLAN], the Senator from Oklahoma ;Kuchel Morton 'smith Executives of both nations, to President [Mr. MoNRONEYl, the Senator from West Lausche MOSB Sparkman Kennedy posthumously, to President Virginia [Mr. RANDOLPH],. the -Senator .Long,La. Muskie Stennis Lopez Mateos, who brought the matter Mansfleld Nelson Symington from Florida [Mr. SMATHERS]. and the McCarthy Neuberger Talmadge to President Kennedy's attention, and to Senator from Tennessee [Mr. WALTERS] McGee Pastore Williams, N .J. President Johnson who, of course, com­ are absent on official business. McGovern Pell Yarborough pleted his part of his predecessor's pur­ McIntyre Prouty Young, Ohio I further announce that the Senator McNamara Proxmire pose. Congratulations are also due to from California [Mr. ENGLE] is absent Metcalf Ribicofr Mexico's Minister of Foreign Relations, due to illness. · NOT VOTING-23 Manuel Tello, and to our Ambassador I further announce that, if present and Thomas C. Mann, who -conducted the Allott Fulbright Monroney voting the Senator from Idaho [Mr. Boggs Gore Pearson negotiations with efficiency and good [CHURCH], the Senator from Oklahoma Carlson Hayden Randolph will. [Mr. EDMONDSON], the Senator from Church Hickenlooper Scott The amicable settlement of this issue Dominick Long, Mo. Simpson Louisiana [Mr. ELLENDER], the Senator Edmondson Magnuson Smathers is, moreover, a cause for satisfaction to from Arkansas [Mr. FULBRIGHT]. the Ellender McClellan Walters both our republics. Mr. President, I ask Senator from Tennessee [Mr. GORE], the Engle Mechem unanimous consent to have printed at Senator from Arizona [Mr. HAYDEN], the So Mr. TowER's reservation to the res­ this point in the RECORD two statements Senator from Missouri [Mr. LoNG], the olution of ratification was rejected. I made previously, the first entitled "The Senator from Washington [Mr. MAGNU­ The PRESIDING OFFICER. The Settlement of the Chamizal Issue, a SON], the Senator from Arkansas, [Mr. question is, Will the Senate advise and Great Kennedy Achievement"; and the McCLELLAN], the Senator from Okla­ consent to the resolution of ratification? second, "The Chamizal Settlement; an homa [Mr. MoNRONEY], the Senator Mr. MANSFIELD. Mr. President, I Act of Statesmanship" by President from West Virginia [Mr. RANDOLPH]. the ask for the yeas and nays. Kennedy. Senator· from Florida [Mr. SMATHERS], The yeas and nays were ordered. There being no objection, the state­ and the Senator from Tennessee [Mr. Mr. TOWER. Mr. President, I yield ments were ordered to be printed in the WALTERS] would each vote "nay.'' myself 1 minute. RECORD, as follows: Mr. KUCHEL. I announce that the I regretfully announce that I must vote [From the CONGRESSIONAL RECORD, July 22, Senator from Colorado [Mr. ALLoTTl, against the resolution of ratification, 1963) the Senator from Kansas [Mr. CARLSON}, because my reservation was not included THE SETTLEMENT OF THE CHAMIZAL ISSUE, and the Senator from Iowa [Mr. HicK­ in the ratifying resolution. I want it A GREAT KENNEDY ACHIEVEMENT ENLOOPERl are absent on official business understood and indicated in the RECORD Mr. GRUENING. Mr. President, the admin­ to accompany the President of the that I am not questioning the merits of istrations of President John Fitzgerald United States to the United Nations. Kennedy and of President Adolfo Lopez the treaty. I believe it is a highly meri­ Mateos, of ~exico, are to be warmly con­ The Senator from Colorado [Mr. torious treaty, but I question the legal DoMINICK] and the Senator from New gratulated on the pending and announced. precedent which we are setting. For settlement of the nearly century-old Cham­ Mexico [Mr. MECHEM] are necessarily that reason I feel compelled to vote izal dispute. absent. against the resolution of ratification. The Chamizal is an area of some 600 acres The Senator from Pennsylvania [Mr. Mr. SPARKMAN. Mr. President, I which, owing to a change in . the course of SCOTT] is absent on official business to the river-known in the United States as attend the presidential inauguration in yield 1 minute to the Senator from the Rio Grande and in Mexico as the Rio Korea. Alaska [Mr. GRUENING]. Bravo del Norte-found itself north of that The Senator from Wyoming [Mr. Mr. GRUENING. Mr. President, this stream's flow and presumably de facto SIMPSON] is absent because of illness in treaty is the fulfillment of a solemn obli­ moved from Mexico to U.S. territory and his family. gation entered into by the United States sovereignty. In the intervening years it was 62 years ago. At that time we submitted deemed by Texans and North Americans to The Senator from Kansas [Mr. PEAR­ be a part of their city of El Paso, Tex., and by SON] is detained on official business. the question to arbitration. The river Mexicans to be a part of their city formerly The Senator from Delaware [Mr. changed its course, and under existing called El Paso del Norte and later renamed BoGGsJ is necessarily absent attending agreements and treaties, land that had Ciudad Juarez. the funeral of a friend. been shifted from one side of the river The la.sue wrought by these conflicting to the other largely belonged to Mexico. views was raised repeatedly by Mexicans in On this vote, the Senator from Kansas the 19th century as were other land altera­ [Mr. PEARSONJ is paired with the Sena­ Mexico and the United States submit­ ted the question to arbitration, and the tions brought about by changes in the tor from Colorado [Mr. ALLoTTl. If river's course. present and voting, · the Senator from board of arbitration, consisting of three Bearing upon this issue was the language Kansas would vote "yea" and the Sena­ members, included a distinguished Cana­ in a number of treaties and conventions be­ tor from Colorado would vote "nay." dian jurist, who decided largely against tween the United States and Mexico. First, On this vote, the Senator from Wyo­ the United States and for Mexico. All there was the Treaty ·of Guadalupe Hidalgo ming [Mr. SIMPSON] is paired with the the historic precedents and the facts of 1848 between the United States of Amer­ show that that was a correct decision. ica and the United States of Mexico which Senator from Pennsylvania [Mr. ScoTT]. concluded the war between them. If present and voting, the Senator from Mexico was in a state of revolution at the time the settlement should have been That treaty fixed the boundary between Wyoming would vote "yea" and the Sen­ the two nations. It established that as ator from Pennsylvania would vote made in 1913, and it was difficult per­ beginning 3 leagues from land opposite '"nay.'' haps to comply with the arbitration the mouth of the river's deepest branch and The result was announced-yeas 13, award_immediately, but it should have then up the middle of that river following been done at the earliest opportunity, the deepest channel, where there was more nays 64, as follows: which was when stability and an era of than one, to the point where it strikes the [No. 270 Ex.) p~ace were reestablished with the end of southern boundary of New Mexico---and the YEAS-13 the revolution in 1920, and the inaugu- specifications in the treaty beyond that do Beall Hruska Tower -ration of the regime of President Ober­ not concern us here because the river ceases Byrd, Va. Jordan, Idaho Williams, Del. gon. But it was not done. to be the boundary at El Paso and Ciudad Curtis Mundt Young, N. Dak. Juarez. The Gadsden Treaty of 1853 recon­ Ervin Saltonstall It is one of the great achievem~nts of firmed that part of the boundary. Goldwater Thurmond President Kennedy that 50 years after The river, however, was not keeping with­ NAYB--64 the event he saw the importance of this in bounds, and in 1882 a boundary conven­ Aiken Case Hart issue and initiated proceedings by which tion was adopted to provide for the reestab­ Anderson Clark Hartke the treaty has now been brought before lishment of the monuments or markers Bartlett Cooper Hill which had been displaced or dislodged by Bayh Cotton Holland the Senate. The treaty should be rati­ unruly waters. · Bennett Dirksen Humphrey fied. It is merely a fulfillment of the Two years later, in _1884, another bound­ Bible Dodd Inouye pledge by the United States. It is neces­ Brewster Douglas Jackson ary convention provided means for settling Burdick Eastland · Javlts sary to do this as a matter of justice and channel changes as "they might affect the Byrd, W. Va. Fong Johnston as a matter of vindicating our own hon­ earlier established boundary. However, ar­ Cannon Gruening Jordan, N.C. orable pledges. ticle one of that convention provided: 1963 CONGRESSIONAL RECORD - SENATE 24857 "The dividing line shall forever be that de­ retired, wrote John Sherman, Secretary of Renewing the effort to secure it, Mexico's scribed in the aforesaid Treaty (of Guada­ State i,n President McKinley's Cabinet, sug­ Ambassador to the United States, Enrique lupe-Hidalgo) and follow the center of the gesting that a third Commissioner, not a C. Creel, wrote to Secretary of State Elihu normal channel of the rivers named, not­ citizen of either the United States or Mexico Root on July 19, 1907, again requesting a withstanding any alterations in the banks be appointed to act as arbiter on issues on new treaty or convention and proposing that or in the courses of those rivers, provided which the two Commissioners could not it provide that a Canadian jurist be made a that such alterations be effected by natural agree, adding that this was perhaps the most third member of the International Boundary causes through the slow and gradual erosion important case submitted for the Commis­ Commission, saying: and deposit of alluvium and not the aban­ sion's consideration and "presented great "My Government believes that the univer­ donment of an existing river bed and the provocation to the citizens of both countries sally recognized respectability of the Govern­ opening of a new one." for violence and disorder, where so many ment of Canada and its preeminent impar- In 1889 there was another convention small tracts of land are claimed by citizens . tiallty toward the Mexican and American establishing the present international of both nations." Governments are a sure pledge of the justice boundary commission, and two more con­ The Mexican Government, when this sug­ that will guide the acts of the Commission it ventions, in 1895 and 1900, extended its life, gestion was made known to it, properly may appoint and constitute the fullest guar­ the latter of these, indefinitely. pointed out, through its Secretary of For­ antee for the high contracting parties." In 1905 a convention settled the owner­ eign Relations, Ignacio Mariscal, that the The administration of President W111iam ship of some 58 bancos or sandbars which existing boundary convention made no pro­ Howard Taft acceded to the long-repeated the river's vagaries had detached from the vision for a third member, and would, in Mexican pleas for a new treaty-and with shore by deciding that they should go to the any event, have no power to settle this issue, a Canadian jurist as a third member-which country from whose shore they had been and proposed that it be approached with a was worked out in correspondence between detached. new treaty to ascertain the pros and cons of Mexico's Ambassador Francisco Le6n de la None of these conventions touched the the Chamizal issue and decide it. He said Barra. and Secretary of State Philander Chase larger issue of Chamizal. But in 1896 one that the President of Mexico would, through Knox. Pedro Ignacio Garcia presented evidence to his Department, so propose, and that the The new convention between the United the two boundary commissioners that he chief of one of the several nations be asked States and Mexico to deal with the Chamizal had inherited some land in the Chamizal to serve as arbiter-mentioning the Presi­ case provided that the existing International from his grandfather, Don Lorenzo del Bar­ dents of the Republics of Chile, Colombia, Boundary Commission be enlarged by the rio, who had acquired it by purchase, and or Ecuador or the King of Belgium. addition of a Canadian jurist, Eugene La­ that his grandfather had occupied it peace­ Secretary Sherman replied, through U.S. fleur. The two pertinent articles provided: ably, as had his son, and that it had been Ambassador to Mexico, Powell Clayton, that "ARTICLE III i occupied by Garcia himself until in 1873, "in "while accepting the proposition in prin­ consequence of the abrupt and sudden ciple," Mexico's counterproposal gave "the "The Commission shall decide solely and change of the current of the Rio Bravo," matter an extension which was not at all exclusively as to whether the international his land was left on the other side of the contemplated in the original proposition of title to the Chamizal tract is in the United river in El Paso, Tex. He declared that since this Government," and that he was "not States of America or Mexico. The decision that change had taken place he had not prepared to recognize the necessity for so of the Commission, whether rendered unani­ dared occupy his land "fearful that some elaborate a proceeding at this time. The mously or by majority vote of the Commis­ personal injury might befall from the part of question at issue is not so much one of in­ sioners shall be final and conclusive upon a few North Americans, who supposing this ternational right or disputed interpretation both Governments and without appeal. The land to belong to the United States of North of the Treaty of Guadalupe Hidalgo, as it is decision shall be in writing and shall state America, pretended to come into possession the application to the matter of the ordi­ the reasons upon which it is based. It shall of the same." Garcia added that he did not nary rules and precedents of law with be rendered within 30 days after the close of know which of the two governments, the respect to changes in a fluctuating river the hearings. United States or Mexico, he should recognize boundary. The question being essentially "ARTICLE VIII for the payment of taxes. judicial, and not involving the element of "If the arbitral award provided for by this Garcia made a good point is raising the friendly compromise, which is so often ap­ convention shall be favorable to Mexico, it tax question. But his claim was not the parent in the settlement of international shall be executed within the term of 2 only concomitant of this unprecedented and disputes by a neutral arbitrator, I am still years, which cannot be extended and which unique situation. The Commissioners-Col. of the opinion that it can find a just and shall be counted from the date on which Anson Mills, representing the United States, satisfactory solution without resorting to a the award is rendered." and F. Javier Osornio, representing Mexico­ new treaty, or appealing to the kindly offices The Commission, on June 15, 1911, could not agree and felt that the issue in­ of a third state, and that the simplest and awarded the greater portion of El Chamizal volving so much personally owned property most practical way to determine it is to -en­ to Mexico, Canadian Commissioner Lafleur was beyond their capacity to adjudicate. large the commission by the appointment and Mexican Commissioner F. B. Puga. But Commissioner Mills had written the of an American or Mexican jurist upon whom affirming, and U.S. Commissioner Anson Secretary of State, Richard Olney, that he the two Governments may be able to agree. Mills dissenting. was fearful that writs of ejectment might In this manner, the existing convention will Based on the evidence which comprises be demanded by American citizens who had be sufficient for the determination of the several volumes of testimony, documents, occupied this area and that if the Mexicans question." records, and so forth, the Commission's should resist there might be bloodshed. Ambassador Powell Clayton transmitted opinion was "that the accretions which oc­ It may be cited, parenthetically, Mr. Presi­ the text of this letter to Secretary Mariscal curred In the Chamizal tract up to the time dent, that this area lay west of the Pecos, and followed it up with a personal interview. of the great flood in 1864 should be awarded where it was once belie,•ed and alleged that He then wrote to Secretary Sherman: to the United States of America, and that there was not much of any law, and in that "I confess that I was at a loss to answer inasmuch as the changes which occurred in day the border-as those who have followed his objections as to the lack of authority that year did not constitute slow and gradual the "westerns" have gathered-was a tur­ for the appointment of a third commissioner, erosion within the meaning of the Conven­ bulent area where violence was often the article 2 of the treaty of March 1, 1889 tion of 1884, the balance of the tract should rule. If the episode has not been portrayed having provided for the number of commis­ be awarded to Mexico." in any westerns, it should make a TV or sioners and having made no provision for And so the conclusive paragraph of the movie thriller-especially now that there is the adding thereto." award reads as follows: a happy ending-an idea I pass on for what What Ambassador Clayton was saying "Wherefore the presiding Commissioner it may be worth without claim to discovery diplomatically to his boss, the Secretary of and the Mexican Commissioner, constituting or copyright. State, was that the Secretary was wrong and a majority of said Commission, hereby award In a letter to the Secretary of State of Mariscal was right. He could probably do and declare that the international title to August 4, 1896, Commissioner Mills raised this safely. A brigadier general in the Un­ the portion of the Chamizal tract lying be­ what would be the crucial question in the ion Army, Clayton had been Governor of tween the middle of the bed of the Rio Chamizal case, namely, whether the Chami­ Arkansas, later was elected and reelected U.S. Grande, as surveyed by Emory and Salazar zal severance had taken place by gradual Senator, and to the end of his life was vir­ in 1852, and the middle of the bed of the erosion and deposit of alluvium, which would tually the Republican boss of his State. said river as it existed before the flood of bring it under the provisions of article 1 of In any event, Mariscal renews his pro­ 1864, is in the United States of America and the Convention of 1884, in which case it posal for a new convention but the McKinley the international title to the balance of said would stay with the United States, or wheth­ administration and the succeeding Theodore Chamizal tract is in the United States of er the river had rapidly changed its course Roosevelt ad.ministration took no further in which case it would go to Mexico. The steps in the matter. Mexico." Mexican Commissioner was contending that Meanwhile, various incidents, such as the Unfortunately-for the good name of the the latter was the case. The American Com­ ejection by the El Paso authorities of Mexi- United States-the provisions of the treaty missioner disagreed. can citizens from what they considered their were not carried out. The treaty provided A lengthy correspondence between the homes in El Chamizal and resulting official that the award of the Commission would Governments ensued. On December 4, 1897, protests brought home the need of some "be final and conclusive upon both govern­ Commissioner M1lls, now a brigadier general, action by the United States. ments and without appeal" and that It 24858 CONGRESSIONAL RECORD·- SENATE December 17 should "be executed within the term of 2 alternate from a trickle to a torrent depend­ our house next year. Now we'll have to years." ing on seasonal rainfall, will be diverted start all over again,' Mrs. Carrasco said. It was not done. For the first and only northward to mark a new boundary between "ResidentLal neighborhoods cover about time in our history the United States failed El Paso and Ciudad Juarez. one-third of the 630 acres that will be turned to abide by an arbitral award. Why? "To purchase buildin~ and lands belong­ over to Mexico if both countries' legislatures The political pressure from Texas was too ing to U.S. citizens in the area awarded to approve the settlement. The city of El Paso strong. All the more gratifying, therefore, Mexico, the U.S. Government is expected to will receive 193 acres of vacant land on Cor­ that it was a Texan, the able U.S. Ambassa­ spend about $28 million. It must also re­ dova Island. dor to Mexico, Thomas Clifton Mann, of locate to other parts of El Paso. about 3,500 "NEIGHBORHOODS ARE VARIED Laredo, Tex., who was given the opportunity persons who will lose their homes. "The Texas city, on the other hand, will "El Chamizal ls divided into four different and charged with the responsibility of carry­ sections, each with its own character and ing the complex negotiations to the present take over a bulge of 193 acres, about one­ third of what was known as Cordova Island. color. Along the existing border, near Santa point of pending settlement. He is carry­ Fe Avenue, the district is a welter of taxi ing out his assignment with skill and The area, mainly barren land, was a major traffic bottleneck. stands, tam shops, and weather-beaten dispatch. houses. A careful reading of the voluminous mate­ "Kennedy pledge fulfilled "Six blocks east, the residential neighbor­ rial which makes up the Chamizal case leads "The drafting of the agreement fulfills a hoods, become more colorful and better kept. to the conclusion that based on equity Mex­ pledge Mr. Kennedy made during his visit Painted orange, green, yellow, or pink, two­ ico had a good case from the beginning. to Mexico in June last year. bedroom houses look out on tended lawns After the Commission's painstaking sifting "In a private meeting with President Lopez bounded by low fences. of the evidence, and its award based thereon, Mateos, he ls reported to have acknowledged "The corner stores in this area are clean there should have been prompt compliance that the United States had been wrong in re­ but sparsely stocked, with a few dozen by the United States with the award. The fusing to accept the decision of a 1911 arbi­ canned goods barely covering a wall shelf. At United States regrettably cannot wholly tration commisslon that awarded the El some, such as Los Alamos grocery store, the erase a 50-year failure to fulfill its obliga­ Chamizal area to Mexico. Mr. Kennedy is clerks speak only Spanish. tion but President Kennedy has now wiped said to have promised he would make 'every "Farther east is an industrial area with this escutcheon clean and vindicated the effort' to correct that error. warehouses and manufacturing companies good name and good faith of the United "U.S. officials attached great significance to standing on sandy plots near the railroad States. two other features of the settlement. tracks. In the vicinity of Cordova Island, There may be some individual hardships "First, it erased the only known case in where the United States will receive its 193 among those whom the carrying out of the which the United States had failed to com­ vacant acres, cotton is sometimes grown. award will affect. Had the United States ply with an international arbitration award. "There are also bare stretches of sand along acted as it should have on or before June 15, Mexico, like all Latin American states, has the Rio Grande where patches of weed thrive 1913, the damage and the dislocation as well always been a strong supporter of arbitra- in the 107° heat. El Chamizal was named as the cost to Uncle Sam would have been tion. · for a desert weed, like tumbleweed, which much less. There is now an obligation on "Second, it removed a major source of ir­ grow in thickets over the entire region. our Government to deal generously and equi­ ritation in United States-Mexico relations. "Homeowners in the residential sections tably with all affected. Whatever the costs, The El Chamizal issue had long been used estimate that the average El Chamizal house they are negligible when measured against by Communists and ultra-nationalists in and lot last sold for about $3,500. With re­ the value of salvaging our Nation's honor. Mexico and throughout Latin America in placement costs likely to be far higher in Moreover, there is a priceless spiritual divi­ accusing the United States of 'colonialism' other neighborhoods, however, some residents de~d in demonstrating to the people of Mex­ and of defaulting on its international obli­ are pricing their property higher. ico that the United States is determined to gations. "Peter Ramos, who built his own spacious be a good neighbor. "The dispute dates back to 1864 when the and well-maintained house 8 years ago, wor­ So again, congratulations to President Rio Grande, which marks the border be­ ries that the Federal Government wlll pay Kennedy and to all the people of our two tween Chihuahua and Texas, changed its him its assessed valuation, or about 35 per­ adjacent republics. course. The El Chamizal area, which had cent of its market value. 'We'll move,' he I ask unanimous consent that three arti­ been on the river's southern bank, was left said. 'They wouldn't let us stay if we wanted cles from the New York Times reporting on on the northern Texas side by the change. to. But we're all concerned. We don't know the Chamizal agreement, one under a Wash­ what is to come.' ington dateline by Henry Raymont, and two "[From the New York Times] "U.S. officials of the International Bound­ from El Paso and Ciudad Juarez by Jack ary and Water Commission, who wm handle Langguth, be printed at this point in my "INHABITANTS SHOW DISTRESS "(By Jack Langguth) the relocation, insist that displaced families remarks. have nothing to fear. 'There ls no question There being no objection, the articles were "EL PASO, July 17.-The people of El Cha­ of course, that they will retain their Ameri­ ordered to be printed in the RECORD, as mlzal, whose property will be deeded to Mex­ can citizenship and that they wm be paid follows: ico under the agreement announced today, fairly for their property,' one Federal spokes­ "[From the New York Times] were distressed to find themselves suddenly man said." south of the border. "UNITED STATES AND MEXICO AGREE ON BORDER­ "While the 3,500 U.S. citizens directly af­ "MEXICANS HAIL AGREEMENT WASHINGTON GIVES UP CLAIM TO EL CHAMI­ fected by the agreement were reluctantly ZAL AREA making plans to move, however, El Paso's civ­ "MEXICO CITY, July 18.-Mexlcan Govern­ "(By Henry Raymont) ic leaders expressed satisfaction that a ment circles today described the El Chamlzal "WASHINGTON, July 18.-The United States troublesome breach between the nations was settlement as a diplomatic victory for their and Mexico announced today a final agree­ at last be:ng closed. country. ment for the settlement of the longstanding "The U.S. Ambassador to Mexico, Thomas "The newspaper Excelsior carried the head­ dispute over the El Chamizal, a border zone C. Mann, a former Laredo, Tex., attorney, is line, 'Mexico Obtains the Greatest Diplo­ between El Paso, Tex., and Cludad Juarez, credited with having shepherded the pro­ matic Triumph of Its History.' Chihuahua. posed settlement past opposition from prop­ "The agreement was the lead story in all "The agreement was a major step in the erty owners in El Chamizal and political newspapers. The Government newspaper El Kennedy administration's efforts to end a conservatives in southwest Texas. Nacional's headline was 'An Old Desire of troubled episode in relations with the neigh­ "'John Birch Society members and others Mexico Becomes Reality Today.' bor Republic. opposed the agreement as some kind of "President Kennedy said solution of, the threat to our sovereignty, but just about "[From the New York Times, July 21, 1963) 50-year-old dispute would make a 'signifi­ everybody else was behind Tom Mann from "TRADE GAINS SEEN BY CIUDAD JUAREZ-EL cant contribution' to relations between the the beginning,• one leader said. CHAMIZAL TRANSFER ADDS SPUR TO BORDER two countries and to the development of the "Proponents of the pact said about 85 per­ PROJECT twin cities of El Paso and Ciudad Juarez. cent of El Chamizal's homeowners were "(By Jack Langguth) "The accord, which came after nearly 6 pleased with the transfer. But conversation "CIUDAD JUAREZ, MEXICO, July 17.-0fficials months of intensive, complicated negcitia­ with men and women through the area of this border city, which grew this week by tlons, was announced simultaneously by the showed attitudes ranging from resignation 437 acres with the transfer of the border White House in Washington and by Presi­ to bitterness. zone of El Chamizal, expect it will give new dent Adolfo Lopez Mateos in Mexico City. " 'This is something between the two impetus to an ambitious building program. "The terms of the agreement will be writ­ countries. We can't do anything about it,' "The United States has long been reluctant ten into a convention in the next 2 months, Mrs. Marciano Carrasco said. She is the to invest in construction or improvements on officials said. The pact will then go to the mother of four children, and her husband the northern side of the Rio Grande because Senates of the two countries, probably in works at a nearby mine and smelter supply of the Chamizal dispute. To the south, October, for ratification. company, which Will remain within the however, Mexico has proceeded with a $14 "The document stipulates several shifts of U.S. boundary. million border beautification project. territory, for a net transfer to Mexico of 437 " 'We were happy here, and we don't like "A museum of arts and history was opened acres of land. The Rio Grande, which can to be uprooted. We were going to pay off all here last Sunday, the first of a proposed 1963 CONGRESSIONAL RECORD- SE~An 24859 number of cultural and commercial build­ bring about a solution of a long, vexatious, onstration of international friendship and ings financed by the Mexican Government. and complex problem, which has become in­ cooperation at its best.1 "Sixteen hundred visitors from ·both sides creasingly difficult with the passing of time "The response in El PaSD of the border attended the opening cere­ and would become even more so if left un­ monies. Many were more curious about the settled any longer. "In El Paso the reaction was naturally building than the exhibition of photographs As the agreement will, in all probability, more restrained, but at the same time, it of Mexican industry on display. be presented in the form of a treaty for was favorable. Although there was some "Some Mexicans describe the museum's ratification by the Senate, a complete under­ criticism of the so-called Kennedy giveaway circular design, conceived by Pedro Ramirez standing of the history of this issue, its legal and some apprehension among residents of Vazquez, as resembling an oven or an Indian complexities, and the tangible and intangible the Chamizal area, the weight of opinion, as hut. Most agreed, however, that the finished values involved, is desirable. reported in the local press, accepted the pro­ building, capped with a fiberglass dome and Fortunately for this purpose a definitive posed settlement as announced. The mayor set off by Italian marble and a shallow moat , and scholarly summary has just become and council of the city, members of the was an impressive addition to the city. available. It is found in an article by Gladys county commissioners court, and other local "A new, four-lane bridge linking Cordova Gregory, for some time professor of govern­ leaders viewed the outcome constructively. Island with Ciudad Jurarez was also recently ment at Texas Western College, and the While they expressed concern that the in­ completed. The formal name for the 178- holder of a Ph.D. degree from the University terests of residents in the Chamizal should yard-long span ls Friendship Bridge, but of Texas. A resident of El Paso, she has, be fully protected, they welcomed the solu­ Mexicans refer to it as simply 'the new since her days as a graduate student at tion of an issue that had long disturbed the bridge.' Austin, studied the Chaml.Zal and other two border communities. They also recog­ "The largest structure on the 250-acre border issues. She writes with authority nized that the settlement would make pos­ border site will be a $360,000 convention cen­ and with the combined expertise of a trained sible the improvement and beautifying of an ter now under construction. When it is historian and of a living observer of the undeveloped area along the river and that it would stimulate the economy or' the entire completed in October, the city plans to bid event. Her study is printed as No. 2 of 2 for conventions from the United States. volume 1 of Southwestern Studies published area. The prevailing attitude seems to have "'Conventions will have to be joint enter­ by Texas Western College and edited by been summed up in the following statement prises with El Paso,' said Manuel de la Torre, Samuel D. Myles. It is a most valuable con­ of Federal District Judge R. E. Thomason an official of the Programa Nacional Fron­ tribution. who, as a former mayor of El Paso and Mem­ terizo. 'Even with the 150-room hotel we're The Chamizal Award in 1911 favoring Mex­ ber of Congress, had gained an intimate building, we couldn't house any large group.' ico was rejected by the United States al­ knowledge of the problem: "Mr. de la Torre, a graduate of Rensselaer though our Nation had agreed to abide by "'We wrestled with the Chamizal for 50 Polytechnic Institute in Troy, N.Y., said he the arbitral award, which, by the terms of years and it would be an eyesore for another would attempt to bring the college's mid­ the agreement, was to be carried out within hundred years if we don't make a settlement winter reunion, often held in Havana in the 2 years. It was the first time in our history now. I visualize the time when El Paso and past, here. that our Government has declined to honor Juarez will be the great twin cities of North "The largest Mexican city along the border an adverse verdict after agreeing to abide America and there will be a tremendous de­ with the United States, Ciudad Juarez had a by the result. As President Kennedy said velopment. I would like to see the agree­ population of 309,337 in 1960. The popula­ to the press in Mexico during his visit there ment followed by a real drive to get rid of tion of El Paso County that year was 314,070. earlier this year: the slums, a fine beautification program, and "The frontier program also includes im­ "There have been long negotiations about a great monumental free bridge. provements in eight other northern border the Chamizal. This territory was awarded " 'The property owners in the area will get cities--Ensenada, Tijuana, Mexicali, Nogales, justice. Uncle Sam doesn't mistreat his in 1911, but the United States did not accept citizens. If any of them don't get a fair Piedras Negras, Nuevo Laredo, Reynosa, and it • • • but it is a matter that we cannot Matamoros. value for their property and come into my afford to continue to treat with indifference court, I'll see that they get it.' a "About $4 million has been spent so far in because the United States failed, after agree­ Ciudad Juarez in the expectation that pri­ "The la test stage in the long and tortuous ing to arbitration, backed down, and did not negotiations seeking an agreement began vate capital will be attracted to the new com­ accept the report.'' mercial center and that downtown merchants during the meeting of June 1962, in Mexico This, while in essence the situation, was City, between the Presidents of the United will be persuaded to improve their shops. a slight but wholly warranted oversimplifi­ "The project, headed by a former mayor of States and Mexico, John F. Kennedy and cation, because there were technical grounds Adolf L6pez Mateos. The joint communi­ Ciudad Juarez, Antonio J. Bermudez, was for believing that the Commission in 1911 chiefly designed to make the entire 1,600-mile que issued in the names of the heads of state which made the award, consisting of a U.S. was brief and to the point: 'The two Presi­ border between Mexico and the United States cominissioner, a Mexican commissioner, and a more attractive showcase for Mexican dents discussed the problem of El Chamizal. a Canadian jurist, exceeded its instructions. They agreed to instruct their executive agen­ products. A half century of deadlock resulted. But, as "In El Paso, the tradition o! shopping in cies to recommend a complete solution to this Professor Gregory points out, that deadlock problem which, without prejudice to their Mexico 1s already firmly established. Many could be broken only "by an act of states­ housewives make a weekly trip to Ciudad judicial position, takes into account the en­ manship on the highest level-a decision that tire history of this tract.'' Thus another at­ Juarez buying meat at about one-half the could cut through the accumulation of his­ price at home and stocking up on sugar and tempt was made-this time at 'the sum­ torical, legal and technical flotsam and lagan mit'-to deal with the exasperating issue. fresh vegetables at substantial savings. the Chamizal case had accumulated.'' "The Mexican Government estimated be­ President Kennedy performed that act of "Intervention of President Kennedy fore the development program began that statesmanship. "While in Mexico, President Kennedy indi­ the city was selling about $113,500,000 in I ask unanimous consent that Professor cated the priority he gave the matter by say­ goods annually to visitors from the United Gregory's report "The Chamizal Settlement-­ ing to representatives of the press: 'As you States, most of them from El Paso. The fig­ A View From El Paso," be reprinted in the know, there have been long negotiations ure represents 19 percent of the total in­ RECORD at this point. about the Chamizal. This territory was come of El Paso residents. There being no objection, the report was awarded in 1911, but the United States did "So many Texans cross the border to save ordered to be printed in the RECORD, as fol­ not accept it • • • but it is a matter that about 10 cents a gallon on gasoline that the lows: we cannot afford to continue to treat with Texas Legislature, in its most recent session, "THE CHAMIZAL SETTLEMENT-A VIEW FROM EL indifference because the United States failed, discussed putting a tax on the contents of PASO after agreeing to arbitration, backed down, car fuel tanks believed filled with Mexican and did not accept the report.' 6 gas." "(By Gladys Gregory) "To carry out his commitment, President "July 18, 1968, was a great day in the El Kennedy promptly instructe~ diplomatic and THE CHAMIZAL SETTLEMENT: AN Acr OF Paso-Juarez Valley, for on this date the Pres­ STATESMANSHIP BY PRESIDENT KENNEDY" idents of the United States and Mexico an­ 1 Mr. GRUENING. Mr. President, a few days nounced their historic decision respecting See issues of July 18 and 19, 1963, El ago the preliminaries for the settlement of the Chamizal. Across the Rio Grande in Fronterizo and El Mexicano (both of Juarez); the longstanding Chamizal dispute were con­ Ciudad Juarez and throughout Mexico, the also El Universal, Excelsior, La Prensa, and cluded by the signing of an agreement by news was received with much satisfaction, as Novedades of Mexico City. Leading articles Mexico's Secretary of Foreign Relations, it signalized for the Mexicans a victory of in Continente, July 1963; La Naci6n, Aug. Manuel Tello, and U.S. Ambassador to Mexi­ right and reason that had been overdue for 1, 1963; Todo, Aug. 1, 1963. · co, Thomas C. Mann. I discussed this prob­ 50 years. The City Council of Ciudad Juarez 2 The proposed settlement has aroused lem on the floor of the Senate on July 22, met in special session to hear and acclaim much interest and some controversy locally. offering my congratulations to the Govern­ the eloquent address of President L6pez For typical opinions, see the El Paso Times, ments of our two neighbor countries and Mateos, carried from Mexico -City by radio July 11-21, 1963, and El Paso Herald-Post, their people on the prqspective settlement of and television to all parts of the nation. On same dates. a dispute which had marred our relations the day following, the 19th, full-page adver­ 3 The El Paso Times, July 19, 1963. for nearly a century. I said then, and re­ tisement,s, signed by civic leaders of the State ' United States-Mexico, joint communique, peat now, that President Kennedy deserves of Chihuahua, appeared in the leading news­ Mexico City, June 29-30, 1962. the highest praise for his direct action to papers of Mexico hailing the event as a dem- 6 The El Paso Times, July 8, 1962. 24860 CONGRESSIONAL RECORD- SENATE December 17 • executive officials of the United States to erroneous. The hope for a rational and to Calle del Chamizal in El Paso del Norte, proceed without delay in working out the amicable agreement respecting the ownership now called Calle Mejia in Ciudad Juarez. appropriate policies and details. Within a of this narrow plot has been shattered time Since colonial times this extensive area has short time, on July 17, Thomas C. Mann, after time. High expectations of disposing been occupied by the Spanish and Mexican Ambassador of the United States to Mexico, of the issues involved were raised during the settlers and their descendants. Eventually arrived in El Paso and conferred with Joseph administrations of President Taft in 1918, the river was to shift its course southward, F. Friedkin, U.S. Commissioner on the In­ President Coolidge in 1925, President Hoover :flooding and overflowing, forming and leav­ ternational Boundary and Water Commission, in 1931-33, and during the terms of F. D. ing various beds--all to the discomfort and and with officials of both the city and county Roosevelt, Truman, and Eisenhower. But in dismay of the increasing population of the of El Paso. Later Mr. Mann went to Austin, no instance could the baffling enigma of the community.12 the capital of Texas, to meet with officials of Chamizal be resolved. "The Rio Grande as boundary 6 the State who might be concerned. "The Capricious R i o Grande "After further study of the problem, and "In spite of the instability of the river as after negotiations with Mexican officials, into "In some respects the failure may be a boundary, leaders in the United States which discussions members of the Depart­ 'ascribed to the limitations of diplomacy and have long looked to the Rio Grande as a ment of State entered fully, Ambassador to the stubborn persistence of nationalistic natural line defining our western limits. Mann returned to El Paso to explain to local amour-propre on both sides of the Rio Since 1804 when Thomas Jefferson decided leaders the proposals our Government would Grande, as we shall presently see in detail. that the Rio Grande should be claimed as submit to Mexico. For 3 days during Febru­ But, in addition, we must recognize that the western boundary of the Louisiana Pur­ the forces of nature have played a leading chase, the river has held an important place ary of 1963, Mr. Mann and Commissioner 13 Friedkin consulted with local authorities, role in this international drama. Like the in international affairs. The early leaders with owners of property in the Chamizal witches in 'Macbeth,' these forces seem to of Texas had a similar fixation on the river. zone, and with others who would be affected have brewed an evil influence destined to At its first session in 1836 the Congress of by the proposed settlement. The results of defeat the best of human intentions--a the Texas Republic set the southern bound­ these talks seemed to indicate that fully striking example of the mastery of matter ary of the new nation at the Rio Grande.u 90 percent of the people contacted in El Paso over mind. The physical causes of the trou­ Following the war of 1845 between the were favorable to the project as it had been ble can be traced directly to the vagaries of United States and Mexico, which was waged the Rio Grande. Never noted for consist­ essentially over territorial interests and developed to this point.7 "While negotiations and discussions con­ ency in staying within the low banks along claims, the Rio Grande assumed greater im­ tinued, President Kennedy on March 6 said much of its course, the river seems to have portance than ever before, since it was des­ that the United States should erase the black taken a special delight in wandering from ignated as the permanent boundary be­ mark resulting from its failure to carry out its bed as it flowed through the level terrain tween the two nations. The significant posi­ the decision of the arbitral tribunal that had in the Pass of the North. As one writer tion of the river was indicated in article V tried to effect a compromise in 1911. At pointed out: of the Treaty of Guadalupe Hidalgo of 1848: the same time, the Secretary of Foreign "'Sometimes, worn thin by drought and " 'The boundary line between the two Re­ Relations in Mexico City, Manuel Tello, bled by irrigation, it [the Rio Grande] is not publics [the United States and Mexico] shall stated that an agreement was now within a a river at all but only a wide strip of white commence in the Gulf of Mexico, three 8 sand baking and glaring in the sun. It leagues from land, opposite the mouth of the millimeter of achievement. However, con­ becomes an impressive stream only in times Rio Grande, otherwise called Rio Bravo del siderable more effort was necessary to work of flood and then it runs in a red torrent Norte, or opposite the mouth of its deepest out the terms incorporated into the agree­ often half a mile wide, lifting an angry branch, if it should have more than one ment. crest of sandwaves, devouring its own banks, branch emptying directly into the sea; from "THE AREA IN DISPUTE earth trees and all, as though in a furious thence up the middle of that river, following "The bone of contention that required the effort to carry away the whole country and the deepest channel, where it has more than attention of the two Presidents, and the re­ ,dump it into the sea.' 9 one, to the point where it strikes the south­ doubling of effort on the part of many of "The river rises in the Rocky Mountains of ern boundary of New Mexico (which runs their subordinates, is a small strip of terri­ southern Colorado and flows for about 2,000 north of the town called Paso) to its western tory lying on the border of the Rio Grande miles on it.s way to the Gulf of Mexico. It termination; thence, northward, along the between the cities of El Paso, Tex., and is estimated that the total effective drain­ western line of New Mexico; until it inter­ Ciudad Juarez, Mexico. Taking its Spanish age area of the Rio Grande is 177,600 square sects the first branch of the river Gila; (or, name from the scrubby plants that once cov­ miles.1° For part of its journey to the sea, if it should not intersect any branch of that ered the area, the entire Chamizal tract in­ it pushes its way through miles of a broad river, then to the point of said line nearest to cludes about 630 acres of land. It extends sandy valley, where, before the building of such branch, and thence in a direct -line to from the Levee Road and Charles Street on . Elephant Butte Dam in 1916 and Caballo the same) ; thence down the middle of the the west in a northeasterly direction to join Dam some 20 years later, it twisted and said branch and of the said river, until it Cordova Island which is the property of doubled upon itself like a great sea serpent. empties into the Rio Colorado; then across Mexico, as indicated on the map on pages 26 For centuries it coiled and recoiled in the the Rio Colorado, following the division line and 27 (not printed in the RECORD]. Thus, shifting sands of the semiarid regions. between Upper and Lower California, to the the western and southern boundary of the "Throughout its history, the great river has Pacific Ocean.' 16 tract is formed by the present channel of not always been friendy to man. Sometimes "Recognizing the need to define more pre­ the river; its northern boundary is the river during a period of drought it baa failed him cisely the course of the river, the framers of as surveyed in 1852; its eastern boundary is altogether, and at other times of great flood the treaty of 1848 provided for a Boundary Cordova Island, which, though belonging to it has washed away what he has built or Commission, 'who before the expiration of Mexico, is located on the northern or Ameri­ planted. In spite of its treacherous charac­ 1 year from the date of exchange of ratifica­ can side of the river. Cordova Island con­ ter, however, crops have been grown in its tions of this treaty shall meet at the Port of tains about 386 acres. valley for perhaps a thousand years. Prob­ San Diego and proceed to run and mark the "Several thousand persons live in the ably the oldest irrigation in the United said boundary in its whole course to the Chamizal zone. About 100 acres of the ex­ States was that of the native Indians found mouth of the Rio Bravo del Norte. The treme western section are located within by the Spaniards when they entered the val­ boundary line established by this article the downtown business district of El Paso. ley of the Rio Grande in New Mexico in the shall be religiously respected by each of the Two vehicular and pedestrian bridges cross middle of the 16th century.11 two republics, and no change shall ever be the river ln this area, connecting Stanton "In 1827 when Jose Ponce de Leon received made therein except by the express and free and Santa Fe Streets in El Paso with Lerdo from Mexico his famous land grant that is consent of both nations, lawfully given by and Juarez Streets in Ciudad Juarez, thus now the heart of downtown El Paso, the river the General Government of each, in con­ giving convenient access to the centers of flowed in front of his house, considerably formity with its own constitution. both cities. This line of communication north of its present course. It wound " 'If unhappily any disagreement should runs through the Chamizal for about three­ through and across the area now occupied hereafter arise between the governments of tenths of a mile. by the principal streets of the business dis­ the two republics, whether with respect to "Looking at this small strip of land on the trictr-Mills, San Antonio, and Magoffin-and the interpretation of any stipulation in this map and taking into account its relatively continued on eastward through Manzana, treaty, or with respect to any other partic­ limited economic value, as the interests of Stevenson, and Rosa, passing along the pres­ ular concerning the political or commercial nations go, one might reasonably conclude ent site of the Standard Oil and Texaco re­ relations of the two nations, the said gov­ that the task of determining its nationality fineries, and on toward the town of Ysleta. ernments, in the name of those nations, do should have been rather simple. But unfor­ At that earlier time all of this property was tunately, such a conclusion would be quite within Mexico. The Chamizal extended from 12 Cleofas Calleros, "El Chamizal-Que Es?" the northern banks of the river southward (El Paso, 1963), 4. 6 Ibid., July 18-22, 1962. 13 American State Papers, Mar. 31, 1804. 7 Ibid., Feb. 19-24, 1963. 0 H. Ferguson, Ria Grande (New York, 14 Laws of the Republic of Texas, 1st Cong., 8 Ibid., Mar. 7, 1963. See also El Fronterizo 1933), 3. 1st sess., 1836 (Houston, 1837), 133-34. (Juarez), July 3, 1962; July 22, 1962; Aug. 10 H. Rept. No. 369, 71st Cong., 2d sess., 9233. 15 9 U.S. Statutes at Large, 922, art. V. 14, 1962; June 5, 196J. 11 Ibid. Hereafter cited as statutes. 1969 CONGRESSIONAL RECORD- SENATE 24861 promise to each other, that they will en­ natural changes is most noticeable in a bend the boundary. In keeping with the treaty deavor, in the most sincere and earnest man­ where the erosion of the concave shore is of 1933, the Boundary Commission has suc­ ner, to settle the differences so arising, and sometimes continuous for many years, as cessfully undertaken a project of flOOd con­ to preserve the state of peace and friendship, appears to have been the case at El Paso. trol costing $6 million. The program has in which the two countries are now placing • • • The maximum distance between the involved the assignment of 16,704.6 acres of themselves: using, for this end, mutual rep­ ·shore at El Paso of 1855 and that of 1885 is land to the United States and 9,625.5 acres resentations and pacific negotiations. And about five-eighths of a · mile and the total to Mexico. In all, 216 parcels of land have if, by these means, they should not be en­ area added to the American territory is thus been exchanged.2, abled to come to an agreement, a resort shall about 490 acres: 20 "The work of the Commission has been not, on this account, be had to reprisals, ag­ "Floods and treaties aided greatly by the construction of the gression or hostility of any kind, by the one Elephant Butte, Caballo, and Falcon Dams, republic against the other, until the gov­ "The river changed its banks again between which have done much to control the dis­ ernment of that which deems itself ag­ 1853 and 1863 because of a serious inunda­ tribution and use of water along the river. grieved, shall have maturely considered, in tion. Then in 1864 occurred the worst flood Another large dam, Amistad, is scheduled in the spirit of peace and good neighbor­ in the memory of the residents. The people for completion in 1968. The Commission has ship, whether it would not be better that north of the river were obliged to take ref­ had to deal with many difficult technical such differences should be settled by the ar­ uge in the heights of Stormville, now Rim­ problems, but it has been largely success­ bitration of commissioners appointed on Road, in El Paso; and the inhabitants of ful in defining and stabilizing the river each side, or by that of a friendly nation. El Paso del Norte (now Ciudad Juarez), to frontier between the two neighboring nations. And should such course be proposed by either the south, moved in mass to the safer One problem, however, long defied solution: party, it shall be acceded to by the other, ground on which stood the Mission of Nu­ What could be done about the Chamizal? unless deemed by it altogether incompatible estra Senora de Guadalupe. Such floods For one reason or another, every effort to deal with the nature o! the difference, or the continued periodically until the great dams with this highly perplexing problem bogged circumstances of the case.' 16 were built up the river, in 1916 and later, to down in the sands of the shifting river or "The Boundary Commission, on which both control them. The floods and resulting in the conflicts of diplomacy and national the United States and Mexico were repre­ changes in the course of the river led the self-interest. two riparian nations to seek a measure of sented, got off to a disappointingly slow "The Chamizal issue emerges start. For various reasons, its :first meeting security in a new agreement, the treaty of at San Diego, Calif., did not occur until 1884. Articles I and n provided: "As early as 1866 officials of both the United 17 months after the treaty was signed. "'The dividing line shall forever be that States and Mexico recognized the possibility Various difflcultie.; plagued its work from the described in the aforesaid treaty and follow that the devious ways of the Rio Grande beginning. It suffered from inadequate the center of the normal channels of the could cause problems respecting the inter­ funds, supplies, and military protection. rivers named, provided that such alterations national boundary. The Secretary of For­ Errors in the prescribed maps ,caused much be effected by natural causes through the eign Relations of Mexico, Sebastian Lerdo de controversy between the representatives of slow and gradual erosion and deposit of Tejada, notified the American Secretary of alluvium and not by the abandonment of State, William H. Seward, that Mexico was the two countries. Finally, however, in De­ 25 cember of 1856, the boundary survey was the existing river bed and the opening of a seriously concerned. About the same time completed. It was to be accepted as the best new one. Maj. W. H. Emory, U.S. Boundary Commis­ "'Any other change wrought by the forces sioner, called to the attention of Robert Mc­ delineation of the dividing line that could Clelland, Secretary of the Interior, the da.n­ be produced.17 of the current • • • shall produce no change in the dividing line as fixed by the survey ger of a threatened avulsive change in the "The Gadsden Purchase of the International Boundary Commission course of the river near El Paso. As a re­ "In order to rectify the boundary in the of 1852.' 21 sult of these reports, Attorney General Caleb area of the Gila River, the United States "In this treaty an attempt was made to Cushing drafted an opinion summarizing agreed to buy from Mexico, for $10 million, reach a decision regarding the general rules the principles of international law that ap­ a tract of land beginning some 40 miles north of accretion and avulsion, to specify condi· plie_d. This opinion served as a reply to the of El Paso. The territory involved was com­ tions under which artificial changes in the Mexican Government and a statement of monly designated as 'La Mesila,' and the course of the river could be dealt with, and policy that the United States would consist­ transaction became known as the Gadsden to provide for property rights respecting ently follow in subsequent negotiations.26 Purchase in 1853.18 Before this agreement lands affected by the creation of new chan­ Cushing's views were to figure prominently had been reached, the Boundary Commission nels. The treaty, however, did not specify in the effort at arbitration in 1911. had completed a survey in 1862, establish­ how these objectives were to be achieved. "The issue over the Chamizal :first became ing a :firmer line between the United States "To meet increasing problems, including troublesome in 1894 when the Boundary and Mexico in the Chamizal zone. The confusion over the boundary and uncer­ Commission met to establish the dividing Treaty of Mesilla of 1853 sought to make line over the bridges between El Paso and tainty as to public and private titles to land, 27 the treaty of 1848 (Guadalupe Hidalgo) con­ a. new treaty was negotiated and signed. Ciudad Juarez. On learning of the move, form to the new boundary resulting from This convention of March 1, 1889, provided the Mexican Secretary of Foreign Relations the Gadsden Purchase. Article I of the new 'for the creation of a. Boundary Commis­ notified Washington that no one had been treaty provided for a mixed commission for authorized to define a boundary between the sion with the authority to investigate and two countries, but only between the two the 'settlement and ratification of a true determine the merits of each contest.' 22 line of division between the two republics; Originally, the Commission was set up for cities. The Secretary pointed out that the that line shall be alone established upon a 5-year period then its life was regularly channel of the river had changed in area which the Commission may fix, their consent extended to 1910, when it was made perma­ since the boundary was fixed in conformity in this particular being considered decisive nent. The success of the Boundary Com­ with the treaty of 1848 and that the first and an integral part of this treaty. mission during its initial period was sum­ question which must be decided was where " 'The dividing line thus established shall the actual dividing line lay between the two marized by Anson Mills, U.S. Commissioner, countries. The Mexican authorities inter­ in all time be faithfully respected by the two as follows: governments without any variation therein, vened to reserve the rights of Mexico, avoid­ " 'During the 16 years of our active service ing possible later claim of the United unless by express and free . consent of the (the revolution in Mexico in 1911 having put a 19 States that the boundary agreed on was the two.' an end to activities) the Commission tried "While the Boundary Commission and its line established over the bridges.28 over 100 cases of all kinds, disagreeing only "On June 21, 1894, the two Boundary Com­ surveyors were trying to ·establish an accept­ in the Chamizal case, and preserved the able line, the Rio Grande refused to co­ missioners agreed on a line over the bridges, peace and quiet of the entire Rio Grande but they considered it to be provisional only. operate; it continued its erratic ways. Be­ border for these long years, to the satis­ cause of the sandy texture of the soil in the A week later, on June 29, the government faction of both Governments and the peo­ of President Diaz notified the United States El Paso area and the torrential rains at 23 ple of the two nations.' that Mexico could not approve this line as certain seasons of the year, the eroding pow­ "Under capable leadership, the Boundary er of the river remained as always. the boundary between the two nations. The Commission continued to improve condi­ Mexican· note referred to the treaty of 1889 "A report by C. H. Ernst, major of engi­ tions along the frontier. Its work in recti­ neers, U.S. Army, described the conduct fying the channel of the river from El P~o of the river clearly: to Fort Quitman should prevent any prob­ 2t United States Treaty Series (Washing· · " 'It is shifting from one position to an­ lem arising in the future in this section of ton, 1934), No. 864. other, eroding one bank and building up the 25 Alberto Maria Carreno, Mexico y los Estados Unidos de America (2d ed., Mexico, opposite one, forming islands and bars, and 20 Chamizal Arbitration, appendix to the then destroying them. The result of the D. F., 1962), 274 ff. case of the United States of America (Wash­ 28 Charles A. Timm, "The International ington, 1911), II, 759. Hereafter, Chamizal Boundary Commission" (Austin, 1941), 151- 16 Ibid., art. XXI. appendix. 17 1961. H. Rept. No. 247, 55th Cong., 2d sess., 21 24 Statutes, 1011, art. II. 27 Chamizal appendix, I, 347-348. 55-56. _ 22 31 Statutes, 1936. 28 Salvador Mendoza, "El Chamizal: Un 18 10 Statutes 1031. 23 Anson Mills, "My Story" (Washington, Drama Juridico y Historico (Mexico, D. F., 10 Ibid, 1921) I 301. 1962). 11. 24862 CONGRESSIONAL RECORD - SENATE December 17 that created the Bound.a.r.y Commission and "Secretary Root acted promptly on March ings, the Department of·State recommended declared that the agreement did not author­ 29 by addressing a letter to the Attorney the addition of a third member to the Bound­ ize the Commission to make such provisional General of the United States which reviewed ary Commission, either American or Mexican, arrangements. The note also referred to a the legal issues involved and asked for a stay on whom the two nations could agree, to dis­ claim that had been fl.led by Pedro I. Garcia, .of execution of the court's order. Root pose of the matter.81 alleging that a plot of land called the pointed out that the Cha.mlzal was in dis­ "The Mexican foreign office, however, re­ Cha.mizal had previovsly been a part of Ciu­ pute between the United States and Mexico ferred to article II of the treaty of 18 9, dad Juarez, the title to which plot he held and that the Boundary Commission, which which provided for only two commissioners, through Mexico, but that his land had been had jurisdiction over the matter, had not yet and denied that a third member would have joined to the territory of the United States rendered a decision. If the area was stlll legal competence to render a decision bind­ by a violent change in the course of the river. Mexican, as it undoubtedly was in other ing on the two Governments.311 The United Since the claimant declared that the tract times, the incompetence of the U.S. court States did not reply to this la.st note, and the still belonged to Mexico, the Mexican Gov­ would be evident. Since the court appar­ question lay at rest until Mexico revived it ernment insisted that the Boundary Com­ ently did not know the facts mentioned, its in July 1907, by submitting a new proposal. mission examine and decide the case of the decision had denied the sovereignty of Mex• This time, the Mexican Government sought Chamizal before fixing the dividing lj.ne be­ ico and asserted the dominion of the United a compromise. Using article XXI of the tween Ciudad Juarez and El Paso.29 In this States. The effort to dispose of property treaty of 1848 and article VlII of the Con­ manner, the question of the Chamizal, which that was involved in negotiations created a vention of 1889 as a base, Mexico recom­ was to become increasingly complex, was serious difficulty and placed the United mended an ad hoc mixed commission con­ converted from a routine matter of resolving States in an untenable position, since it was sisting of the two members of the Boundary border problems due to changes in the river, unjustifiable, after having agreed with Mex­ Commission, plus a third member to be a matter under the control of the Boundary ico to submit the question respecting the named by the Government of Canada, who Commission, into a serious diplomatic ques­ nationality of the tract to a special tribunal, would have the authority to decide the ques­ tion requiring the attention of the foreign to decide the issue ex parte and on our own tions on which the other two Com.m.u:aioners offices of the two countries. account. Root therefore requested that the could not agree. The decision of the mixed "The second claim of the Mexican Govern­ Attorney General instruct the Federal mar­ commission was to be definitive and unap­ ment respecting the Chamizal occurred in shal at El Paso to desist at once from execut• pealable.'° 1897 after a flood had caused extensive dam­ ing the order of the court and that the "While the Governments delayed a deci­ age in both El Paso and Ciudad Juarez. Federal district attorney be notified to sus• sion on the manner of deallng further with The people of the two cities demanded that pend any further action in the case. The the dispute, they explored the possib111ties of something be done to prevent future losses intervention of Secretary Root was effective: an exchange of territory. In a note of De­ from the uncontrolled waters of the river. the interest of Mexico in respect to the cember 12, 1907, Mexico offered to trade the As a result, the mayor of El Paso, Joseph Chamizal was thus recognized and pro­ Bosque, the Cordova, and El Chamizal for Magoffin, and the Governor of Chihuahua, tected.88 the Isla de San Elizario and El Horcon.o Miguel Ahumada, sought the permission of "In 1909 another local incident occurred The · Mexican note also claimed that the their respective national governments to that had diplomatic repercussions in the Chamizal lay south of the course of the river straighten the channel of the river. The in­ national capitals of Mexico and the United of 1852, and therefore was in Mexican terri­ habitants of the two cities agreed to pay the States. When the city of El Paso under­ tory, a point the United States was not wm­ cost involved-$8,000. The U.S. Government took to install a waste-disposal plant in the ing to concede. readily accepted the proposal. Mexico Chamizal, Mexico officially protested.84 A "In his communication of January 15, agreed also, but on the condition that the series of notes was exchanged in 1910 between 1910, the Mexican Ambassador, de la Barra, territory north of the new channel should the Mexican Ambassador in Washington, insisted on a new treaty that would recognize remain under Me:xlcan sovereignty. The Francisco Le6n de Ia Barra, and the U.S. the claims of Mexico to the Chamizal--or project was completed in 1899 with the full Secretary of State, Philander C. Knox.15 The fa111ng this, that the two nations without cooperation of the two city governments. arguments advanced by each side in this cor­ delay submit the issue of ownership to arbi­ As a result of this rectification, Cordova respondence were fully reviewed in the ar­ tration.d In reply, Secretary of State Knox, Island, which lies north of the present chan­ bitral proceedings of 1911 and they will be on March 22, accepted in principle the Mexi­ nel of the river, was created and was retained taken up later in that connection. can proposal.&a He suggested that each byMe:xlco.• "By now the controversy over the little country submit a list of three Canadian ju­ "Once the Rio Grande was thus brought strip of land in couth El Paso, by no means risconsults and that from these six, the two somewhat better under control, and occupa.:. the most desirable part of the city, had be­ litigants select an umpire to act with the tion of the Chamizal was made physically come quite serious. Both Governments rec­ two regular members of the Boundary Com­ safe, its population began to increase rapidly. ognized that the issue could not be settled mission in deciding title to the Cha.miza.1. In 1892 construction of the Church of the by the exchange of diplomatic notes or by In the event the two nations could not agree Sacred Heart and a parochial school was be­ action of the bina.tional Boundary Commis­ on the umpire, the Government of Canada gun. The Chapel of San Ignacio de Loyola sion, each member of which would almost would name one of the six, who would serve was erected in 1905. These religious and certainly continue to support the claims of as the third member of the mixed commis­ educational institutions naturally attracted his own Government. A new procedure was sion, with the right to vote. On June 17 more people to the area, many of whom built clearly called for, but what should it be? Secretary Knox submitted to the Mexican permanent houses of brick. Within a short "In search of a 'JYl'OCedure foreign office the initial draft of a special time much of the Chamizal was integrated "As early as 1897 the two members of the treaty of arbitration, or a compromise, pro­ into the city of El Paso and designated as Boundary Commission had agreed on at least viding for the membership of the arbitral the second ward. Legally, however, the own­ one thing respecting the Chamizal. Since body, delimiting the territory in dispute, and ers of property in the area never were com­ they realized that they could not dispose of defining the issue to be settled. Mexico pletely secure in their possession. Many the knotty questions involved, they mutually agreed in principle to the terms proposed, - deeds issued since 1900 have referred to the concluded that it would be well to add a and both Governments ratlfted the treaty on cloud on the titles resulting from the fact third member to the Commission who should which arbitral action would be based." that the nationa.lity of the property has been act as an arbiter in deciding this single is­ "Agreement on arbitration in d.ispute.31 sue.88 The Department of State at Washing­ "Thus the two nations agreed that the case "Litigation and diplomacy ton agreed to this recommendation, but the of the Chamizal would be decided in accord­ "The problem of nationality lay dormant Mexican Secretary of Foreign Relations re­ ance with the well-established principles for some time, but it was brought to life jected it and declared that the case should and procedures of international law. The again in 1907 when the El Paso and North­ be submitted to arbitration.8'1 He proceeded method of settlement that the two Govern­ eastern Railway obtained a judgment in the to name several heads of state who might be ments chose was used frequently by the an­ Federal circuit court, authorizing the con­ suitable to serve on a special court of arbi­ cient Greeks, and occasionally in medieval demnation of land in the Chamizal for a tration. To this proposal, officials at Wash­ Europe. However, its use had lapsed for right-of-way. On March 21, 1907, the Mex­ ington replied that Mexico was broadening several centuries, and the process was not ican Government protested to the American the question beyond the commitments of the revived until the Jay Treaty of 1795, nor was Secretary of State, Elthu Root, that the United States-that the problem was not one it much in vogue until after the settlement Cha.mizal was sub Judice (in litigation) and of international law but of applying the of the Alabama Claims in 1872. In refer­ the 'area had unquestionably been Mexican ordinary rules respecting the effect upon a ring to the procedure as it was employed be­ in other times.' 82 borderline of the change in the course of a fore the 17th century, one writer has ob- dividing river. Wanting to avoid the for­ 119 Chamizal appendix, I, 347-348. mality of a new treaty and arbitral proceed- 38 Ibid., 355. 1111 Department of State, Proceedings of the 39 Jbid., 361-362. International Boundary Commission, United 33 Ibid., I, 454. '° Ibid., 368-371. States and Mexico (Washington, 1903), I, 84 Ibid., 508. il Ibid., 365-388. 149-167. 35 Ibid., 433. '2 Ibid., 398-404, 111 Calleros, "El Chamizal-Que Es?" 10. 36 Ibid., 347-348. 43 Ibid., 421-424. 82 Chamizal, a.pp., II, 701. 87 Ibid., 353. 44 36 Statutes, pt. 2, 481. 1963 CONGRESSIONAL RECORD- SENATE 24863 served that it 'is often very difficult, some­ variable line as determined by the treaties "The convention of 1884 could not and times impossible, clearly to separate cases of of 1848 and 1853, and that the boundary was cannot, like that of 1905, be applied to cases mediation from those of arbitration, either not subject to changes ca.used by accretion. antecedent to the first of those two dates, because the terminology was not very defi­ The Mexican argument called attention to which were regulated by the treaty of 1853. nite, or the expressions used were equivocal, the fact that the Treaty of Mesilla was "'That some of the clauses of a convention or because the distinction was not clear to signed in 1853 to make the terms of the had been superseded by the provisions of a the minds of the negotiators.' 45 treaty of 1848 conform to the new boundary subsequent treaty, cannot in the least im­ "Many writers on international law have as a result of the Gadsden Purchase. Article pair or destroy rights created by the first called attention to the distinction between I of the treaty of 1853 provided for a mixed instrument unless there be an express agree­ arbitration and mediation. As one has commission for the 'settlement and ratifica­ ment to that effect in the later compact." 00 noted: 'The essential point is that arbitra­ tion of a true line of division between the "The communication that Sefior de la tors are required to decide the difference: two Republics; that line shall be alone estab­ Barra submitted to the Arbitration Commis­ that is, to pronounce sentence on the ques­ lished upon which the Commission may fix, sion ended with a summary of the corre­ tion of right. To propose a compromise is their consent in this particular being con­ spondence between Mexico and the United not within their _province, but in the prov­ sidered decisive and an integral part of this States relating to the boundary, which cor­ ince of a mediator.' 48 John Bassett Moore treaty.' respondence, in his opinion, proved that has explained the distinction by saying: "The dividing line thus established shall in the United States had also agreed to this 'Arbitration is a settlement of international all time be faithfully respected by the two principle of a fixed and invariable line. disputes, according to legal rules and meth­ Governments without any variation therein, "Reply of the United States ods, by arbitors chosen by the disputant par­ unless by express and free consent of the "The United States replied by summarizing ties themselves. Arbitration is a legal two.56 the whole correspondence on the fixed-line procedure. Mediation is an advisory, arbi­ "It was on the interpretation of these two 47 theory and pointed out that 'during the tration a Judicial function.' treaties that Mexico based its claim that earlier portion of the period from 1853 to "As a result of long usage, the arbitral the boundary was at the place located by 1884, the Government of Mexico apparently process has become well established, and the survey of 1852, which, the Mexicans in­ shared the views of the United States; that the procedures used are as fixed as those of a sisted, would mean that the Chamizal tract during the later period it apparently mani­ court of law. One point recognized in in­ was Mexican territory regardless of the man­ fested at times a disposition to adopt the ternational law is the need to have a clearly ner by which the river had changed its bed fixed-boundary theory; and it would seem defined agreement or compromise so that since 1852.57 that partially as a result of discussions grow­ there may be no question as to the subject 8 "The legal arguments of Mexico had been ing out of this attitude on the part of the in dispute or the authority of the tribunal.4 developed earlier by Ambassador de la Barra, Government of Mexico, the convention of The convention of 1910 appears to have ful­ who had argued that by the terms of the 1884 was negotiated and signed, whereby the filled this requirement. Article I specifically treaties, the International Boundary Com­ two Governments agreed on a formal inter­ located the Chamizal tract, and about this mission was authorized to determine the pretation of the boundary treaties in the point there was no dispute.49 Article III boundary, that the decisions of the Commis­ sense of Attorney General Cushing's opin­ stated that the Commission should decide sioners were to have the same force as the ion.' 61 'solely and exclusively as to whether the treaties themselves, and that such decision "Mexico had also contended that since the international title to the Chamlzal tract is could not be modified except by the consent Chamizal tract had been formed before 1884, in the United States or in Mexico.' 60 The of both Governments. He had said: 'One of the interpretation of that treaty in no way Convention also specified that the decision the direct consequences of that agreement affected the title of that tract.62 The position 'rendered unanimously or by a majority vote is that the boundary was fixed in such a man­ of the United States was that a true inter­ of the Commission shall be final and con­ ner that it could in no wise be affected by pretation of the treaties of 1848 and 1852 clusive.' 51 The preamble stated that the a change in the course of the Rio Bravo or meant that in accordance with international decision should be in accordance with the Grande, no matter what the cause might law governing river boundaries, the bounda.ry various treaties and conventions existing be­ be.' 58 To emphasize his point, he had de­ moved with the river when it changed its lo­ tween the two countries and In accordance scribed the bed of the river by dividing it cation by accretion; that between 1852 and with the principles of international law.62 into three zones. The middle zone, he had 1911 the river moved south by accretion; "In compliance with article II of the con­ declared, ran through three canyons; the and that under well-established principles of vention, Eugene Lafleur of Canada was upper and lower zones were the portions in law, the present channel of the river should chosen as presiding Commissioner; Fernando which the 'river runs torrentlike across remain the boundary. Beltran y Puga was named to represent Mex­ 5 alluvium valleys, whereby its course is made "According to the rules of international ico, and Anson Mills, the United States. 3 unstable and subject to constant varia­ law, as the United States interpreted them, "Mexico submits her case tions.' 50 As a result, he had concluded: accretion occurs when a river eats into its "On May 15, 1911 the Arbitration Commis­ " 'The logical deduction from the forego­ its opposite bank, thus moving in the direc­ sion met in the Federal courthouse at El ing data is that the provisions of the conven­ tion of the receding bank. Conversely, avul­ Paso and it rendered its decision approxi­ tion of 1884 were not directly applicable to sion occurs when the river suddenly breaks mately a month thereafter.54 In keeping the first and third zones of the Rio Grande, out of its old channel and makes a new one; with the terms of the convention of June 24, in those regions where its course :Q.ad the old river bed can be easily seen. In the 1910, each Government submitted, to each changed, since the invariable and fixed Chamizal tract no abandoned river beds were Commissioner a printed argument setting out boundary line determined by the treaty of discernible between 1852 and 1911. The the points it relied on in its case and its 1853 already deviated from the course of the United States insisted that the various re­ countercase.55 river in 1884. ports, documents, and testimonies before the "Mexico claimed that the boundary 'be­ 11 'The position of the dividing line during tribunal proved that 'all the alterations in tween the two nations was a fixed and in- the period from 1853 to 1884 is clearly deter- the banks and course of the river have been . mined by the first of the conventions named effected by causes which a.re natural to the 45 J. B. Moore, "History and Digest of the • • • the line so established was in no wise Rio Grande, that the alterations have been International Arbitrations to Which the affected by a change in the course of the through slow and gradual erosion and deposit United States Has Been a Party" (Washing­ river, whatever might be the cause of such a of alluvium and that all the requirements ton, 1898), V, 4831. Hereafter, Moore, Di­ change. That is to say, from 1853 to 1884- specified in article I of the treaty of 1884 gest. and it should, as I will show, be so held from have been met at all times so that the divid­ 44 that to this date-all lands north of the ing line has constantly followed the center L. F. L. Oppenheim (ed.), "The Collected 63 Papers of John Westlake on Public Interna­ dividing line established by the Commission­ of the normal channel of the river.' tional Law" (London, 1914), I, 354. Here­ ers 1n conformity with the treaty of 1853, "The Unl:ted States interpreted the treaty after, Westlake. were and remain American and all those of 1884 as contemplating only two possible 7 types of change, one by erosion, and the 4 Moore, Digest, VII, 26. south of that line are and remain Mexican.' 4~ E. Vattel, "The Law of Nations of the "The provisions of the convention of 1884 other by avulsion. It pointed out that the Principles of International Law Applied to could only be . applicable to cases which expression 'slow and gradual' modifying 'ero­ the Conduct and to the Affairs of Nations might arise subsequently; but not to those sion' was in conformity with the doctrine and Sovereigns" (Fenwick tr., Washington, which had occurred before, because they laid down by Attorney General Caleb Cush­ 1916), II, 277. came under the rule stipulated in the treaty ing in his answer to a request from the Sec­ 40 36 Statutes, pt. 2, 2481, art. I. of 1853. retary of the Interior as to the effects of 50 Ibid., art. III. changes in the course of the river on the le­ 61 cation of the boundary. In his opinion, given Ibid. 00 10 Statutes, 1031, art. I. 52 Ibid., art. V. 67 Comisi6n Internacional de Limites entre 53 Mills, "My Story," 294. 60 Ibid., 407-408. Mexico y los Esta.dos Unidos, Secci6n Mexi­ 61 64 Chamizal arbitration, "Minutes of the Chamizal, U.S. case (Washington, 1911), International Boundary Commission: Award; canna, "Memoria Documentada del Jucio del 37. Dissenting Opinions; Protest ot the Agent Arbitraje del Chamlzal" (Mexico, D.F., 1911), 02 Arbitraje, passim. of the United States" (Washington, 1911), 3 vol. passim. Hereafter, Arbitraje. 03 Ohamizal, "Argument of the United 35-36. Hereafter Chamizal award. 58 Chamizal, app. I, 405-406. States of America" (Washington, 1911)', pas­ 56 36 Statutes pt. 2, 2481, art. V. 69 Ibid., 407. sim. Hereafter, Chamizal argument.

I .... ' I' 24864 CONGRESSIONAL RECORD- SENATE December 17 in 1866, Cushing quoted from many authori­ tract from 1836 to 1895, when Mexico filed its and the international title to the balance of ties on international law to prove his theory, first claim to the tract.70 Mexico answered ·said Chamizal tract is in the United States which was as follows: this contention by pointing out that the of Mexico.' n "'Whatever changes happen to either bank changes in the boundary had not been made "In the opinion of Lafleur, the river had of the river by accretion on the one, or deg­ successively but at times of great floods, and moved by slow· erosion before 1864 and by radation on the other, that is, by the grad­ that on each occasion when such a change rapid erosion after that date. Therefore ual, as it were, insensLble a.cces.sion or ab­ had occurred, the Mexican Government had Mexico should have title to the tract south straction of mere particles, the river as it called the attention of the United States to of the riverbed as it existed in 1864.78 The runs continues to be the boundary. One that section of the boundary, asking that position of the American Government, how­ country may in process of time, lose a little notice be taken of the change.u ever, was that . the contention of Mexico to of its territory, and the other gain a little, "After considering the arguments present­ the effect that the adjectives 'slow' and but the territorial relation cannot be reversed ed by both sides in the controversy, the 'gradual' justified a special concept of ero­ by such imperceptible mutations in the Arbitration Commission voted on six q1,Jes­ sion at El Chamizal was not consistent with course of the river. The general aspect of tions. All three Commissioners agreed that international law. things remains unchanged. And the conven­ the United States had no claim to the "The Americans insisted that words must ience of allowing the river to retain its pre­ Chamizal tract on the basis of prescription. be understood in accordance with their sub­ vious function, notwithstanding such insen­ The Presiding Commissioner, Lafleur, and the ject matter; therefore, since 'erosion' and sible changes in its course, or in either of its American Commissioner, Mills, voted to­ 'avulsion' were the only types of changes banks, outweighs the inconvenience, even to gether on two issues: against the flxed-a.nd­ specified in the treaty, it was logical to de­ the injured party, involved in a detriment, invariable-line theory, and for the theory duce that the words 'slow and gradual,' which happening gradually, is inappreciable that the treaty of 1884 applied to all changes which modified 'erosion,' indicated that no in the successive movements of its progres­ in the river subsequent to the survey of other form of erosion was possible, and sion. 1852. The Mexican Commissioner, Puga, and merely distinguished between a 'slow and "'But on the other hand, if, deserting its the Presiding Commissioner voted together gradual' process as erosion, and a 'rapid original bed, the river forces for itself a new on three Issues: that the whole of the process' as avulsion. 'Gradual' and 'rapid' channel in another direction, then the na­ Chamizal tract was not formed by slow and might represent a difference in degree of ero­ tion, through whose territory the river thus gradual erosion and deposit of alluvium sive action but did not constitute two kinds breaks its way, suffers injury by the loss of within the meaning of article I of the con­ of erosive action. It seemed clear to the territory greater than the benefit of retaining vention of 1884; that before 1864 the forma­ American' Government that if Mexico and the natural river boundary, and that bound­ tion was due to slow and gradual erosion; the United States had intended to advocate a ary remains in the middle of the deserted and that between 1864 and 1868, the forma­ type of change unknown to international law, riverbed. For, in truth, just as a stone pil­ tion was not due to slow and gradual ero­ a definite statement to that effect would lar constitutes a boundary, not because it is sion.72 have been included in the correspondence a stone, but because of the place 1n which "The American Commissioner refused to relating to the treaty. There was no evi­ it stands, so a river is made the limit of vote on the fifth question for two reasons. dence of such correspondence. Furthermore, nations, not because it is running water bear­ First, he claimed that by answering the ques­ if three kinds of changes were recognized, ing a certain geographical name, but because tion, he would be recognizing the authority why mention only two in the treaty? The it is water flowing in a given channel, and of the Commission to divide the tract, a treaty provided for locating the boundary as within given banks, which are the real inter­ power which he insisted the Commission did a result of 'slow and gradual' erosion and as national boundary. Such is the received rule not have, since article III of the convention a result of •avulsion,' but it did not men­ of the law of nations on this point, as laid of June 24, 1910, provided that 'the Commis­ tion 'rapid erosion.' 70 down by all writers of authority.' M · sion shall decide solely and exclusively as to "As indicated in the minutes of the meet­ "The Mexican answer was that even if the whether the international title to the Chami­ ing of June 16, 1911, the Commissioners of boundary should be ~etermined according to zal tract is in the United States of America the United States and Mexico were to sub­ rules defined in the treaty of 1884, the dis­ or in Mexico.• 73 Second, he claimed that mit their opinions on the points of the puted tract would stlll be Mexican territory, the question implied the recognition of a award from which they dissented. The Mex­ for 'slow and gradual' qualified the meaning method of change in the riverbed due to ican Commissioner, Senor F. Beltran y Puga, of 'corrosion.' For some reason, the Mexican means other than those provided for by the based his dissenting opinion on two points: translation used the word 'corrosion,' rather treaties between the United States and Mex­ first, that the findings of the majority were than 'erosion,' as is found 1n the American ico.H On the last question, the American not supported by the record and the argu­ original, meaning that the movement of the Commissioner refused to vote because 'the ment respecting the fixed and invariable line river must be similar to a corrosive change, location of the river in 1864 is wholly obliter­ of 1852; and, second, that the convention of as the rusting of iron.85 ated and its position can never be reestab­ 1884 was not retroactive.80 Mr. Mills ad­ lished in any one of the points of its former "Claims and counterclaims vanced no new argument but reiterated the location, and, therefore, even if the Commis­ "In addition to the issues of erosion and points he had previously submitted. He sion were empowered to render a decision gave his reasons for dissenting as follows: avulsion, a third point argued in the Chami­ segregating that portion of the tract formed zal case was that of prescription. The United " 'First, the Commission is wholly without after 1864, provided the channel of 1864 jurisdiction to segregate the tract or to make States claimed international title to El could be located, a decision to this effect Chamizal by reason of the undisturbed, un­ other findings concerning the change at El under the present circumstances when the Chamizal than "to decide whether it has oc­ interrupted, and unchallenged possession of channel can by no possiblllty be relocated, is 'said territory by the United States of Amer­ curred through avulsion or erosion, for the void because it is indeterminate, indefinite, effects of articles I and II of the Convention ica since 1836.' es Prescription in interna­ and impossible of accomplishment.' 75 tional law may be defined as 'the acquisition of November 12, 1884" (and article IV of the of sovereignty over territory through con­ "The award and its rejection convention of 1889). Secondly, because tinuous and undisturbed exercise of sov­ "The convention of 1910 had provided that • • • the convention of 1884 is not sus­ ereignty over it.' 97 This concept refers to the decision 'whether rendered unanimously ceptible to any other construction than long-continued possession 1n the face of a or by a majority vote of the Commissioners that the change of the river at El Chamizal title held earlier by another. In the case shall be final.' 'Te All three Commissioners was embraced within the first alternative of of the Chamizal, the United States claimed had voted together on one question, the the treaty of 1884. And thirdly, be­ a dual prescription, 'first, to the Rio Grande U.S. Commissioner and the Presiding Com­ cause • • • the finding of the award is as a water boundary since 1836; second, to missioner on two, and the Mexican Commis­ vague, indeterminate, and uncertain in its the Chamizal tract since it was formed, be­ sioner and the Presiding Commissioner on terms and impossible of execution.' si ginning in 1852.' 88 The question of how long three. Adding up the score, the result was "To summarize, Mexico claimed the entire a second country must occupy a territory in a majority vote in favor of Mexico. Accord­ tract by right of a 'fixed and invariable order to have clear title has not been clearly ingly, on June 15, 1911, the Commission an­ line.' The UnU;ed States claimed the entire defined in international law. From 30 to 50 nounced its award as follows: tract by right of a 'fixed and invariable years has been given as the usual time of in­ "'The international title to the portion of principle of changes made by erosion.' The activity by the first nation.00 The United the Chamizal tract lying between the mid­ Presiding Commissioner divided the tract be­ States contended that Texas and the United dle of the bed of the Rio Grande as surveyed tween the two nations. Later Mexico agreed States had had complete control over the by Emory and Salazar in 1852 and the mid­ to accept the decision of Lafleur; 82 but the dle of said river as it existed before the :flood American Commissioner dissented, and his opinion was sustained by the Department of 64 Opinions of the Attorney General of the of 1864, is in the United States of America, United States (Washington, 1852), XIII, 175. 95 Chamizal, app. I, 186-187. 70 Chamizal argument, 116. n Chamizal award, 4. 1111 Chamizal argument, 118. n Arbitraje, 34. 78 Ibid., 30. rrr L. P. L. Oppenheim, "International Law" 12 Cha.mtzal award, 84. 79 Ibid., 42. (4th ed., London, 1928), I, 309. 78 36 Statutes, 2, 2481, art. III. 80 Ibid., 49. 88 Chamizal argument, 114. 74 Chamizal award, 4. 81 Ibid., 36. "S. Pufendorf, "Of the Law of Nature and 75 Ibid. 82 Carrefio, "Mexico y los Esta.dos Unldos," Nations" (Oxford, 1703) , IV, 385. 76 36 Statutes, 2, 2481, art. III. 383-392. 1963 CONGRESSIONAL -RECORD-~ SENATE 24865 State of the United States.• The President " '5. Where the award bore on things out­ case of the United States against Venezuela of the United States, William H. Taft, ex­ side the submission; concerning the Orinoco Steamship Co., .an­ pressed the same thought in his message Cit · " '6. Wh-ere the· tenor of the award was ab- · nulled a. previous arbitration award, the December 7, 1911, by saying: .. OUr arbitration solutely contrary to ihe .rules 1>f Justice :and Court pointed out tha-t 'excessive exercise of the Chamizal boundary question with hence coultl not be the ·object of a compro­ of power .may consist not only in deciding Mexico was unfortunately aborti-ve, out with mise.' 81 a question nc;,t -submitted to the arbitrarors, earnest efforts on the part of both Gov­ "Among the rules proposed by the Insti­ but also in misinterpreting the express p!·o­ ernments which its importance commands, it tute of International Law at its session in vlsions of the agreement in res~t of the is felt that an early, pr.actical adjust.m.ent Geneva in 1874 and at its session at The way in which they are to reach their deci­ should prove possible.'" Hague in 1887 ls one relating to the require­ sions, notably with regard to the legislation "The New York World, commenting on the ment that an award be carried out. The rule or principles of law to be applied.' 1111 In an decision of the Arbitration Commission in is that the award •must pronounce in ac­ earlier case decided in 1884, although the 1911, referred. to the 'comic-opera conditions cordance with the provisions of the agree­ award was in favor of the claim of the United in El Paso,' and concluded: ment to arbitrate.' se J.B. Moore makes the States in a dispute with Haiti, the secretary " 'The decision of the Chamlzal Arbitration same point wheri he says: 'The sentence of of State held that the arbitrator had 'mis­ Commission apportioning between Mexico arbitration shall be void in case of the avoid­ construed his powers,' and therefore the and the -United States a 3-mlle strip or land ance of the agreement to arbitrate, or of an award was not blnding.00 five blocks wide, included in the city limits excess of power, or of proved corruption of "If these statements of writers on interna­ of El Paso, shows .an astuteness worthy of one of the arbitrators, or of an essential tional law and opinions of courts and ar­ the celebrated tariff ruling on frog legs. The error.' 90 bitral tribunals are accepted as precedents, difference between tweedledum and tweedle­ "Secretary of State Bayard, in 1888, ex­ the United States had the legal right .to de­ dee was never before so accurately defined in pressed the policy of the United States in re­ clare void the award w.hich dlvided the diplomacy. By crossing a street or turning gard to the validity of awards as follows: Chamlzal tract. In, the case of the Cham!zal a corner, citizens of El Paso will find them­ "'No matter how solemn .and how authori­ the subject in. dlspute was clearly defined, selves under the dominion of another nation tative may be a judgment, it is subject to the question was .clearly stated, and Eµnce and what that wlll mean in the matter of be set aside by the consent of the parties. the disputed tract was given neither to the conflict of laws and encouragement of li­ 'lb. the awards of international commissions United :States nor to Mexico, the a.waTd cense may be readily understood. A comic­ • • • this position applies with particular rendered was outside of and beyond the opera librettist never ereated a more divert­ force, since it is a settled principle of inter­ terms of the convention of 1910, which con- ing sltuation.' !ill national law that no sovereignty can in honor trolled the proceeding. , ' "Legality of the U.S. position press an unjust or mistaken , award even "On the question of Jurisdiction over the though made by a judicial international tri­ Chamizal tract, Mexico voted it belonged to "The problem of the Chamizal is of par­ Mexico, the United States voted it belonged ticular interest in the .field of international bunal invested with the power of swearing witnesses and receiving or rejecting testi­ to the United States, and the third Commis­ law because it represents .a.n instance -In mony.' 91 sioner, ,Lafleur. voted that it should be which a nation rejected an arbitral award. "There have been many instances in which divided between the two nations. "It would One of the prerequisites of arbitration is seem that· if the Arbitration Comm1Sslon that the parties bind themselves to .accept states .have recognized the right to reject awards of international tribunals. An out­ w.as autborized to decide solely and exclu­ the decision of the Judges. However, it sively as to whether the title to the Oham­ seems to be a generally accepted principle standing example was the rejection of the award in the northeastern boundary arbitra­ iza,1 tract was in the United States or Mexico, of international law that under certain con­ the only possible answer was that Mexico ditions the .award may be repudiated; since tion. The convention of September 12, 1827_. between the Vnited States and Great Britain had title to the whole tract or that the •an award outside the limits of the submis­ United States had tltle to it. sion is not binding, for in such a case the provided that the points of difference over the bound~ry were to be submitted to some "Because . of the legal technicalities in­ tribunal acts in excess of tis powers.' 811 .By friendly sovereign or state and that the de­ volved in the Chamizal arbitration, much the terms of the Chamizal award, the tract confusion and misunderstanding have arisen was divided between the two litigants. This cision should be considered final and con­ clusive. The arbitrator, the King of the over the outcome, especially the action of action, the United States claimed, was not the United States in rejecting the award. in compliance with article III of the con­ Netherlands, held that 'neither the line claimed by the United States nor the line On the surface, lt has seemed to many per­ vention of 1910, 'which provided that the sqns that Mexico won the decision, since the Commission shall decide solely and exclu­ claimed by Great Britain so nearly answered the requirements of the treaty that a prefer­ vote on dividing the tract was 2 to 1. How­ sively as to whether the title to the Chami­ ence could be given to the one or to the ever, it is the author's view that this dis­ zal tract ls in the United States of America, other.' He therefore abandoned as imprac­ posal of the case would not have been in or in Mexico,' and for that reason, the U.S. accord with the instructions. to which both Government felt it was justified in not ac­ ticable the attempt to draw the line de­ scribed in the treaty, and recommended a nations agreed, that the Commissioners were cepting the de~ision of the- .Arbitral Com­ obliged to follow. This position is sub­ mission.81 line of cor,venience. Since the line recom­ mended did not conform to a line claimed by stantially the one adopted by the Depart­ "In reaching this conclusion, the United ment of State at the time. States follow:ed the reasoning of leading au­ either of the parties and, therefore, was not thorities on the subject. Charles Calvo within the special jurisdiction given the ar­ "Opinions in M-exico enumerates six situations in which parties bitrator, the Senate of the United States by a "As was natural, the reaction in Mexico to are justified in refusing to accept and exe­ vote of 38 to 8, resolved that the award was the award was entirely different than in the cute arbitral judgments. These are: not obligatory. The consensus seemed to be United States. The Mexican Government "'1. Where the a\1."ard was unauthorized, or that the arbitrator had not confined his de­ warmly welcomed the outcome and felici­ rendered outsid-e of and beyond _the terms cision to the limits prescribed by the com­ tated its representatives on their victory. of agreement; promise, and that, therefore, .either state was But such good feelings and high hopes were Justified in not abiding by it.02 " '2. Where the arbitrators were under a short lived; they were dashed when the legal or moral incapacity, absolute or rela­ "Westlake, in discussing this award, says day for compliance with the award passed tive, as where they were bound by previous that 'the arbitrator did not adjudicate on (June 15, 1913) without receipt of the ter­ engagements, or had in the formulation of the respective lines proposed by the parties, ritory. A leading contemporary authority, their conclusions a direct interest unknown but proposed an intermediate one as a com­ Licenciado Alberto Maria Carreno, voiced a to the p arties who chose them; promise, which the United States was not broadly held opinion when he declared that 93 "'3. Where the arbitrators or one of the bound to accept and did not accept.' "Cal­ Mexico had won a valid and binding judg­ parties had not acted in good faith, as when vo, referring to the same case, says that the ment that should have been accepted and the arbitrators were bought or corrupted by _ arbitrator, 'instead of laying down a true carried out. He believed that the arbitration one of the parties; line, left this in suspense and confined him­ failed only because the United States refused " '4. Where one of the parties was not heard self to suggesting a basis for an entirely new to respect its obligations under the conven­ or enabled to vindicate his rights; and hypothetical arrangement, which the tion of 1910. As for the contention of the parties agreed in disregarding.' 0t American officials that the aw.ard could not sa Department of State, "Papers Relating to "Precedents and conclusions be executed because it was physically im­ the Foreign Relations of the United States" "When in October of 1910, the Permanent possible to locate the riverbed ,of 1864, (Washington, 1870-1940), 1911, 598. Here­ Court of Arbitration :at The Hague, in the Senor Carreno replied that this problem was after, "U.S. Foreign Relations." not a legal one to concern the arbitrators 84 but a physical one for surveyors and en­ J. D. Richardson (comp.), "Messages and 88 Charles Calco, "Le Droit Interna-tional" Papers of the Presidents" (New York, 1914), gineers, who could locate the line approxi­ (Paris, 1896), III, 485, 486. Hereafter, Calvo. mately and thus make possible substantial XVIII, 8038. 80 85 Quoted 1n the El Paso Times, June 27, Moore, Digest, V, 5058. compliance with the decision of the tribunal. 1911. 80 Ibid., 6062. Senor Carrefio detected in the rejection of 80 C. C. Hyde, "International Law Chiefly 91 U.S. Foreign Relations, 1887, 608. as Interpreted and Applied by the United 112 Moore, Digest, VII, 5960. 85 U.S. v. Venezuela, "American Journal of States" (Boston, 1922), I, 581. 93 Westlake, 415. Inernational Law" (January 1911), V, 230. 81 36 Statutes, 1910, art. III. 0t Calvo, III, 485. 96 U.S. Foreign Relations, 1887, 605-606. CIX--1565 24866 CONGRESSIONAL RECORD - SENA TE December 17 the award the black hand of Yankee im­ State now urged that the dispute be settled ico would exchange . the Cordova and the perialism and later published two additional as speedily as possible without any discus­ Chamizal tracts for the Horcon and a small volumes to elaborate his broader thesis."' sion of the validity of the award or the pos­ area near El Paso and south of the river.1w "Another contemporary Mexican writer sib111ty of scientifically relocating the chan­ The bar of Horcon, which includes some 368 viewed the matter differently. Writing in nel in 1864. However, at that time, Mexican acres, was created by an artificial cut in the June of 1911, shortly after the terms of the Ambassador de la Barra rejected the opinion Rio Grande in 1900. The area is located near award were announced, Roberto A. Esteva of the American Commissioner, Anson MUls, the mouth of the river. The first reports Ruiz stated categorically that the decision that the award could not be executed; he from Mexico indicated that these proposals was a nullity, contrary to law, and unjust added that, should the Commissioner 'find were acceptable, but no one knows just how for Mexico. He cited the rules mentioned by the course of the river in 1864 to be undis­ near a solution of the problem was at that Calvo and the precedent in the Northeastern coverable and thus prove the correctness of time. When the United States refused to Boundary Arbitration to show that Mexico the position taken by the American Com­ recognize the Huerta government in Mex­ had the legal right to repudiate the award. missioner, he would go much further in ico, the latter refused to consider the pro­ In his opinion, Mexico lost its case at El Paso, meeting the wishes of the United States.' 100 posals further. for his country was entitled to, and should "On August 24, 1911, the Secretary of State "Later, a plan of the State Department have received, all of the Chamizal. The suggested to the Mexican Ambassador that provided for the United States to cancel treaties of 1848 and 1853, according to Senor negotiations be undertaken to incorporate · the Pious Fund obU.gation of Mexico in re­ Esteva Ruiz, placed all of the zone within the following terms in a formal agreement: turn for her granting the United States Mexico. They also fixed an invariable line "'l. A preamble reciting the pertinent ar­ title to the Chamizal tract. The Pious Fund along the Salazar and Emory survey, which ticles of the present boundary treaties and was established in 1697 by the Government could be changed only with the consent of conventions between the two Governments. of Spain and the Catholic Church for the both nations. Since Mexico had never agreed " '2. A recital of certain general differences benefit of Jesuit missions in California. to any change, the boundary must remain as to the interpretation of these treaties as to When in 1848 Mexico took over the fund, as established earlier. The judgment of the the international title to the Chamizal tract it had grown to several million dollars. arbiters based on the Treaty of 1884 lm· in particular, and as to the validity of the re­ Since the United States claimed the fund as properly applied international law by mak­ cent award, and a statement of the desire on a national asset when she acquired CaU­ ing the terms of the treaty retroactive in the part of both Governments to settle these fornia, it became a basis for arbitration. In effect. In this way, Mexico was deprived of differences in an amicable way. 1902, the Permanent Court of Arbitration at territory that belonged in the national do­ "'3. Certain declaratory interpretation of The Hague ruled that Mexico should pay the main; Mexico thus had a greater right than the boundary treaties and conventions, par­ United States $1,420,682.67 cash and $43,050.- the United States to protest, and to reject ticularly as to the following points: (a) The 99 annually in perpetuity.165 No payments, the award.88 treaties of 1848-63 establish a fl.uvial or however, have been made since 1914. "Recent legal opinion in Mexico concern­ arcifinious boundary; (b) the treaty of 1884 "On August 17, 1932, the Mexican Secre­ ing the Chamizal arbitration is illustrated is retroactive in scope; (c) two classes of tary of Foreign Relations, Senor Tellez, sub­ by the views of Licenciado Cesar Sepulveda, changes only are contemplated in the treaty mitted the following draft agreements to the director of the faculty of law of the National of 1884, i.e., erosion and avulsion, and these Ambassador of the United States in Mex­ University. While he believes that the classes embrace all the changes which have ico City: first, a convention covering the United States was in error in rejecting the taken place on the Rio Grande and Colorado rectification of the river; second, a protocol award, he credits American officials with Rivers, since by virtue of the treaties of 1848 covering the transfer of El Chamizal to the sincere efforts to find a solution after the and 1853 certain parts of the dividing line United States; and third, a protocol cover­ failure of the arbitration. On close exam­ between the two countries have followed the ing the release by the United States of the ination, he finds untenable the two basic middle of the channel of the Rio Grande and Pious Fund and its accrued and unpaid bal­ arguments that Anson Mills and the State the Rio Colorado, as well as changes which ance. Because of some technical points in Department submitted against the decision. may take place in the future; (d) provisions the drafting of this document, J. Ruben He first brushes aside the contention that relating to the adjustment of the interna­ Clark, the U.S. Ambassador to Mexico, sub­ the award could not be physically carried out tional boundary line at El Paso and Juarez mitted a counterdraft in which he com­ because the line of 1864 could not be located. through mutual arrangement by a declara­ bined El Chamizal with the Pious Fund. This problem, he says, could not have con­ tory interpretation of the boundary treaties The Mexican Minister agreed to the change cerned the Arbitration Commission, as it was and the elimination of the Horc6n Bar above and said he wished to get the approval of a technical matter for surveyors. As for the Brownsville; ( e) possible provision for the President Ortiz Rubio and General Calles, second point-that the Commission exceeded indemnitlcation of private individuals who and then submit the proposal to the entire its powers-Licenciado Sepulveda insists that may be thought by one or the other Govern­ cabinet. the arbiters acted within the limits of their ment to be damaged through the adoption "The second section of the protocol pro­ authority. While article III of the conven­ of the foregoing provision.' 101 vided that the channel of 1864 be located tion of 1910 did restrict the Commission to "In reply, however, Senor de la Barra was either 'in fact or by computation' in order the task of deciding 'solely and exclusively of the opinion that 'inasmuch as the mat­ to arrive at the extent of territory which as to whether the international title to the ter is finally adjudicated by award, nothing had to be equaled in making the transfer Chamizal tract is in Mexico or the United remains but to carry out duly the said deci­ of the Chamizal tract. The inclusion of this States of America,' the purpose of this clause sion by means of such arrangement as may provision indicates that something in addi­ was simply to insure that the Commission be made to run the dividing line in accord­ tion to the Pious Fund was to be given to dealt only with the territorial question, ance with the sentence.' He also insisted Mexico in exchange for El ·Chamizal. Mr. rather than with ancillary matters such as that the -award had placed Mexico in a dif­ Clark felt that the United States had two water rights. The compromise did not tie ferent position by changing the legal situa­ alternatives: 'either to continue to repudiate the hands of the Commission as the State tion-that, by the award, Mexico had ac­ the award and deal on that basis-a basis Department contended; the Commission pos­ quired rights she could not surrender un­ which had led us nowhere in 20 years-or to sessed the legal authority to decide the ter­ less fully compensated therefor .102 The State recognize that there was an award against ritorial issue involved, and its decision should Department replied that the award was ab­ us, and, while not relinquishing our own po­ have been respected. The best solution of solutely invalid, and that it would be im­ sition regarding the award, secure from the problem, he concludes, is for the United possible to locate the line of 1864. But the Mexico a relinquishment and transfer of her States to accept and implement the award Department added that it did not ask the rights thereunder.' of 1911, even if the American Government is Government of Mexico to admit the invalid­ "One suggestion was that the flood levee 50 years late in doing so.0° ity of the recent award; it proposed only on the El Paso side of the river be taken as the northern levee of the rectified channel. "NEW EFFORTS AT SETl'LEMENT that these contentious matters be held in abeyance while the two Governments worked "This procedure would have thrown per­ "Following the failure of the attempt at out through friendly negotiations a prac­ haps 10 acres of the Chamizal tract to the arbitration in 1911, the United States sought tical solution of their difflculties.103 This Mexican side of the river. Mexico requested to find a solution by turning again to the approach, however, did not appeal to the that the possibility of moving the river north processes of diplomacy. The Department of · Mexican Government. of the international bridges between the city of El Paso and Ciudad Juarez be considered 97 Alberto Maria Carreno, "Mexico y los Es­ "Projects to trade territory so as to transfer some of the· actual tract, tados Unidos de America" (1st ed., 1922), ch. "In 1913 the Department of State attempt'­ rather than just the bed of the river, south XX. See also his "La Diplomacia Extraordi­ ed again to effect a settlement. According of the rectified river channel, or to make naria entre Mexico y Esta.dos Unidos" (1st to a plan submitted by Secretary Knox, Mex- a similar adjustment lower down the river. ed., 2 vol., 1951) , passim. Respecting this plan, L. M. Lawson, U.S. 08 Roberto A. Estuva Ruiz, "Ensayos Jurtdi­ 100 U.S. Foreign Relations, 1911, 602. Boundary Commissioner, on October 21, 1932, cos" (Mexico, D. F., 1960), 241-253. 101 Ibid., 599. said that from the viewpoints of both engi­ 9 9 Cesar Sepulveda, "El Cham,izal y algunas 102 Ibid., 603. During these r.egotlations de neering and cost, it would not be possible to cuestiones diplomaticas pendientes entre la Barra became President of Mexico. The Mexico y los Estados Unidos," "Revista de correspondence was carried on under his 104 Ibid., 974. la Facultad de Derecho de Mexico," (Mexico, direction. 105 House document, 2d sess., 1903, Pious D. F., 1962), XII, No. 47, 487-491. 103 Ibid., 604-605. Fund arbitration, ·444~. 1963 CONGRESSIONAL RECORD - SEN:_ATE 24867 relocate. the river as suggested. Such alter­ the passing of time the problem would be­ outside the Chamlzal. Specifically. the ations, he declared, would introduce 'reverse come worse rather than better, and that the agreement incorporates the following provi- curves' ln the river channel, which result best way out would be to settle the issue sions: · would not be advisable. The estimated cost once and for an.. even though .some loss of "l. The United .States will transfer to Mex­ would be about $1,45'0,000 Uthe change w.as . territory -would be involved. The decision ico a net amount of 43'1 acres of territory now made at the bridges, or $670,000 l! the change of the U.S. Government as announced on under American jurisdiction. approximately was made in the lower part of the Cham1- July 18 was thus a diploma.tic or practical, the area that the Arbitration Commission za1.1oe and not a legal disposition of the problem. awarded in 1911. Of this amount marked 4 'When in 1930 the International Boundary The present position of the Department of for Mexico, 366 acres will come from the Commission drew up a plan for rectifying State ls as follows: disputed Chamlzal zone and 71 acres from the course of the Rio Grande, the Chamlzal "'The United States has a proud record of U.S. territory east of Cordova Island. was included. The project called for ex­ complying with its international obligations ".2. Cordova Island will ,be divided equally changing about 10,000 acres of land between and faithfully executing treaties to which it between the United States and Mexico. Each the two countries, beginning at the western has agreed. • • • Our disagreement with nation will have 193 acres. This transfer of point of El Chamlzal and continuing to Fort the Chamizal award, even though based on territory to the United States 1s to equalize Quitman. When the treaty of rectification valid arguments held in good faith, seems the transfer to Mexico of land necessary to was signed on February 1, 1933, it specified inconsistent, after we had agreed in a treaty establish the river as the boundary. that work should begin south of Monument to accept the result "without appeal" with "3. The Rio Grande will be relocated, be­ 1 our historical position and goals as a ginning at a point marked "A" on the map No. 15, on Oordova Island. • nation.' included in this study. The new channel "Breaking the deadlock "There would be specific advantages in our will be concrete lined, and will make pos­ "These various approaches, however, proved relations with .Mexico: sible an improvement of properties on both fruitless so far as a settlement of the issue "• A source of irritation which has troubled sides. of the Chamizal was concerned. The atti­ United .states-Mexican relations for almost "4. Both Governments will acquir"8 title to tude of Mexico was that the award of the 100 years would be removed; all the land and improvements in the areas Arbitration CommlsEion should be imple­ "'Arbitration would be restored as a means assigned to them, 'free of any limitation on mented, whereas the United States remained of peaceful settlement of disputes between ownership or encumbrance of any kind in­ firm in contending that the Canadian and the United States and Mexico; cluding private titles.' No payments will be Mexican Commissioners had exceed~d their " 'The Chamizal as an emotional issue in made, as between the Governments, for the powers in seeking to divide the tract. All Mexico, which distorts what otherwise might lands transferred. efforts at an ex-change of territory for terri­ be a favorable view of the United States, "5. The United States will receive compen­ tory, or land for money obligations failed would be removed. Settlement would elim­ sation for the 382 structures in the Chamlzal because equivalent values, tn the eyes of the inate use of the Chamlzal as the basis for zone and to the east of Cordova Island that negotiators, could not be arrived at. An­ propagating the view, even through the edu­ wlll be transferred to Mexlco. However, pay­ ot:ier impediment has been the fact that for cation system, that the United States does ment will be made by a Mexican bank (Banco the past 20 years or so., Mexico has insisted not live up to its treaty commitments; and Na.clonal Hipotecario Urbano y de Obras that a substantial part of the land it woulroposed 1egislatlon will boundary and .preparation Cil'! a minute to present Federal authorizations for public bring .and end 'to ·a territorial dispute "that record the new .boundary, upon approw.l .of projects, compensation w.hich they would has concerned both Governments tor almost whicb the transf-er of la.mis between the re­ receive for their substandard epartment of State recommends en­ preservation and improvement of the new whose owners would have to build new plants actment of this legislation as lloon u possible channel (art. 9). The construction of the to stay in business, .requiring otherwise un­ after _ratiflcatlon of the Convention by both new .channel and bridges will be paid for in necessary expenditures wlthout reimburse­ Governments. e.qua.1 shares by the two Oevernments. ment. Further, presen:!; authorizations do The Bureau of the 'Budget advises that, 2. ESTIMATED MINIMUM COSTS not allow reimbursement for penalty costs for prepa-yment of mortgages, and loss of !Tom the standpolnt uf the adminlstratlon's Preliminary and tentative estimates of -the program, .tt bas no objection to th-e 1n1bmis­ business during a mo.ve 'Or due to pending minimum cos.ts fCYr implementation .of -the acquisition of properties. sion -of -this pro,POsed legislation. treaty a:r,e as follows: Sincerely yours, The Department of State and the U.S. DEAN RUSE, [ Estimated cost -in m11lions1 Commissioner on the lnternational Bound­ 1. Market value of 770 ·aeres of land ary and Waiter Commission recommend in (with 750 impr.ovements) to he this 1lllique .and unprecedented .situation CHAMIZAL CONVENTION: PROGRAM FOR IM­ acquired for transfer :Mexico w.here pdvate .in. U.nited PLEMENTATION WITH COST ESTIMATES, DE­ to l)ropertles the States CEMBER 11, 1963 and for r-elocation of the river would be acquired for 'transfer to another channel .and local public fac111- country to settle an international dispute. 1, GENERAL STATEMENT ties ______$20. 8 that the enabling legislation for implemen­ The convention between the United 2. :Reloeation of 4.3 miles of the chan­ tation of 1.he treaty include provisions to States of America and the United Mexican nel of the Ria -Grande, :the new protect the property owners .and tenants States for the solution of the longstanding channel be concrete-lined, and to against :r,esulting '.eeonamic hardship and loss Chamizal boundary dispute, _signed August relocation of 6 existing brtqges 29. 1963, provides ;for relocation of the chan­ a.cross the channel. The total cost by :allowing reimbursement to cover .reason­ nel of the Rio Grande in the .El Paso, Texas­ J.s .estimated at $6.4 million, and able, just, and lden:tiflable costs over and Ciudad Juarez, Chihuahua sector, ancl tha~ by the treaty the Unltecl States above those for w.hich minimum Federal the -center 'Of the new channel shall be the will pay 60 percent, or______3. Z authorlzatlons now provide p.a-ymeni.s; I.e .. int~ational boundary. The relocation 3. Relocation of '8.9 mlles of railroad reimburseinent :for :mo:vJng expenses .not to would have the effect of transferring from tracks______3.0 exceed 25 percent of the fair value of the the north to the south side of the Rio lands, for loss of business clirectly resulting

-- 24876 CONGRESSIONAL RECORD - SENATE December 17 from and during relocation, for penalty costs templated. Estimates indicate the follow­ that we will take up in the new session of for prepayment of . mortgages on properties ing: Congress. to be acquired; and on private properties for Million I now yield to the Senator from Texas which there is no active market, reimburse­ 1. Land acquisition for new facilities. •1. 2 [Mr. YARBOROUGH]. ment up to an amount which, when added to 2. Cost of buildings______6. 0 the market value of the properties, would 3. Less appropriations already avail- Mr. YARBOROUGH. The purpose of enable purchase of minimum facilities of able for new facilities______-1. 1 my question to the Senator from Ala­ similar utility. A Board of Examiners bama is whether hearings on the bill would be created to pass on most of these Net total for Federal facilities introduced by the Senator from Alabama reimbursable items. (preliminary and tentative) _ 8. 1 [Mr. SPARKMAN] would be held expedi­ The preliminary and tentative estimated The U.S. section of the Commission should tiously, and whether the bill being intro­ cost of providing the reimbursements out­ acquire the lands for the facilities so that duced is the bill which would compensate lined above to protect property owners and all acquisitions can be properly coordinated the 4,500 citizens who would be displaced tenants against economic hardship and loss and conducted under the same policies and by the rectification of the boundary as a amounts to $4 million. · authorizations. result of the settlement of the disputed 4, RELATED FEDERAL FACILITIES Estimated appropriations required territory? Implementation of the Convention will re­ Million Mr. SPARKMAN. That is correct. quire relocation of three U.S. port of entry 1. Estimated treaty costs ______$29. 3 The Senator realizes, of course, that there inspection facilities at El Paso, which are 2. Compensation to property owners located in the area which would pass to are other things to be considered sepa­ to avoid injury______4.0 rately. For example the city of El Paso Mexico. These include fac-ilities for the Im­ 3. Estimated costs, relocation and ex­ migration and Naturalization Service, Cus­ pansion port-of-entry inspection made four requests. toms Service, Plant Quarantine Division of facilities______6. 1 Mr. YARBOROUGH. That is correct. the Department of Agriculture, and Public But the people who are being dispossessed Health Service: · Total estimated appropriations come first. As a condition of obtaining 1. Port of entry facilities at Santa Fe required ______,______39. 4 the consent of El Paso and El Paso Coun­ Street, for entries from Mexico: This facil­ ity consists of leased property and buildings 5, PROGRAM--TIME SCHEDULE ty, a road which the Federal Govern­ which will pass to Mexico. The schedule for the procurement of lands ment promised to build, along the north 2. Inspection facilities at Stanton Street, and improvement contemplates the acquisi­ bank was requested and also the straight­ where people cross from the United States tion and vacating of properties in 2.5 years­ ening of the channel of the Rio Grande. into Mexico: Inspection facilities here are by approximately July 1967, at which time Mr. SPARKMAN. The Senator is cor­ housed in one leased building which will be the new boundary line would be demarked by rect. eliminated by the river relocation project. the two Governments and territories trans­ I wish to say to both Senators from 3. Port of entry facilities at the Cordova ferred. There would follow the construction Texas that the Foreign Relations Com­ Island crossing: Facilities here consist of of the channel, levees and miscellaneous mittee, in considering the treaty, what temporary shelters and trailers, since this is structures scheduled to require 1 ¼ years. a recently established crossing. Building of During the first 2½ years it will be neces­ action we should take, and our recom­ a permanent structure, authorized at an sary, however, to construct certain of the mendations to the Senate, expressed estimated cost of $1 ,100,000 has been deferred relocated works in order that there will be interest and concern over the matter. pending outcome of Chamizal negotiations no interruption of traffic flow between the I thought it was highly important that and the General Services Administration is two countries: (1) the railroad and railroad the proposed legislation be before us holding in reserve funds which had been holding yard; (2) the bridges across the site when we started discussion of the treaty. appropriated for construction of the perma­ of the new channel; (3) and at least some nent Cordova Island border station. of the port-of-entry facilities. The design I invite the attention of both Senators 4. Border Patrol facilities: The Immigra­ and preparation of plans and specifications from Texas to the last paragraph of tion and Naturalization Service maintains for these works are to be accomplished in page 6 of the report: it.s Border Patrol headquarters and deten­ fiscal year 1965. The invitations for bids, The committee is aware of, and under­ tion camp for illegal entrants in the area to award of contract and initiation of construc­ stands, the concern of the owners or tenants be transferred to Mexico. tion are scheduled for early in fiscal year of the land and properties which would be The Bl Paso port handles the largest 1966 looking to completion midyear 1967. transferred to Mexico by the United States volume of traffic on the entire Mexican The design and preparation of plans and pursuant to the treaty. People who have border, now estimated at 30 million people specifications for the construction of the resided in the Chamizal area for many years and 6.5 million vehicles annually, and channel, levee and miscellaneous structures wm particularly be faced with difficult ad­ progressively increasing traffic would, in all are scheduled to get underway late in fl.seal justments. The committee wishes to assure probability, necessitate some future expan­ year 1965 and will be completed in fl.seal year the people whom the treaty wm affect-­ sion. But prior to announcement of the 1966. The invitations for bids, award of con­ and the Senate as well-that it intends to Chamizal settlement there were no plans tract and the beginning of construction of act promptly on legislation to implement the for enlarging or relocating the Santa Fe the channel, levees and miscellaneous struc­ Chamizal Convention. In connection With Street, Stanton Street, or Border Patrol fa­ tures are programed for fl.seal year 1967 with lts consideration of that legislation, the c11ities. completion scheduled for fiscal year 1968, 15 committee also wishes to assure the Senate The new facilities should, of course, be months being allowed for the construction. that it wm make every effort to insure that designed according to estimates of traffic Mr. YARBOROUGH and Mr. TOWER provision is made for the payment of ade­ growth but their construction at this time quate and just compensation to the persons addressed the Chair. who wm be dispossessed. will be a direct result of the Chamizal settle­ Mr. SPARKMAN. I will yield first ment. Preliminary and tentative estimates The language is in the report of the by the General Services Administration in­ to the junior Senator from Texas [Mr. dicate that providing new facilities will re­ TowERJ, and then to the senior Senator committee. I discussed the subject with quire acquisition of: (1) about 7.5 acres of from Texas [Mr. YARBOROUGH]. the chairman of the committee, the Sen­ land on Santa Fe Street, (2) 0.5 acres of Mr. TOWER. Could the Senator from ator from Arkansas [Mr. FuLBRIGHTJ, Stanton Street adjacent to the new river Alabama give some indication as to when and he has assured me that implement­ channel, and (3) about 20 acres for the the Committee on Foreign Relations will ing legislation will be expeditiously han­ Border Patrol Sector Headquarters and De­ act on this measure? dled by the Foreign Relations Commit­ tention Camp. Lands required for customs Mr. SPARKMAN. I would say it will tee. and other inspection at the Cordova Island probably be the first matter that we will crossing-some 20 acres-would be available take up after the new year. NATIONAL PARKWAY IN SHAW­ from the Cordova Island lands which pass Mr. TOWER. I thank the Senator. from Mexico to the United States. Mr . .SPARKMAN. The Senator real­ ANGUNK - KITTATINNY . MOUN­ There is also under consideration loca­ TAINS (AMENDMENT NO. 363) tion of lands in the Cordova area for the izes that we do not have time to act on Border Patrol Headquarters and Detention the legislation during this session. Mr. KEATING. Mr. President, on be­ Camp, which would negate the need for the Mr. TOWER. I realize that. half of myself, the senior Senator from 20-acre land purchase mentioned above. In Mr. SPARKMAN. But I can assure New York [Mr.· JA°'vii'sl, .the Senators any event, however, the required inspection both Senators from Texas that it will be from New Jersey [Mr. CASE and Mr. WIL­ facilities construction program will be con­ one of the early pieces of legislation­ LIAMS], and the Senators from Pennsyl­ siderably greater than that previously ·con- perhaps the first pi~ce of legislation-:- vania[~. CLARK and Mr. SCOTT], I send 1963 CONGRESSIONAL' RECORD- SENATE 24877 to the desk·an ameiidment·to Senate bill were· ordered to be printed in the RECORD, · Your diligent work in cutting foreign aid 1971. as follows: has evoked much favorable comment in this area also. Most people are not against for­ Our bill, originally introduced on Au­ By Mr. BURDICK: eign aid but they are getting mighty tired of gust 2, authorized a survey of a proposed Address entitled "Flaxseed and Farm Pol­ the waste and ill chosen use of it. Your ef­ national parkway in the Shawangunk­ icies," delivered by Senator McGOVERN be­ forts resulting in the establishment of the Kittatinny Mountain Range, extending fore the Flax Institute of the United States, Indian School at Tongue Point are very from the vicinity of Stroudsburg, Pa., Fargo, N. Dak., on November 15, 1963. commendable. northeast to Kingston, N.Y. It was our A merry Christmas to you and all your intention that this parkway be modeled family. I enjoyed the picture of Judy in after the Blue Ridge Parkway-that 1s, OREGON DUNES your newsletter some time back. Mr. MORSE. Mr. President, I ask Sincerely, a scenic road, free of undesirable com­ FLORENCE E. WAGGENER. mercial development, which would in no unanimous consent to have printed in (Mrs. Paul H.) way destroy the natural wilderness char­ the RECORD a letter which I received from acter of the area. OUr bill had the sup­ Mrs. Paul H. Waggener in support of my MORSE STANDS BY HIS WORD ON DUNES BILL pqrt of many local organizations and position on the condemnation amend­ (By Jack Parker) government officials in all three States. ment in the Oregon Dunes National Sea­ Telegrams, letters, and postal cards were However, in the past few months many shore bill; also an editorial published in sent from the Siuslaw area and from other conservationists have expressed concern one of the newspapers, entitled "MORSE parts of Oregon during the past week to Sen­ that a six-lane · highway was contem­ Stands by His Word on Dunes Bill"; and ator WAYNE MORSE thanking him for his plated which would totally change this also an editorial published in the Siuslaw stand on the dunes park bill, which recently beautiful mountain country. We offer News of December 12, 1963, entitled ''For cleared the Senate Interior Committee. The this amendment today to clarify our the People." messages came from individuals as well as organizations. position and state more fully the ob­ There being no objection, the letter, Senator MORSE told his colleagues that he jective of our bill. article, and editorial were ordered to be was absolutely opposed to the condemnation To begin, I would like to reiterate that printed in the RECORD, as follows: provision in the bill. He stated, "We could our bill does not authorize any construc­ GARDINER, OREG., create an adequate park with public property tion, but merely a feasibility survey. December 14, 1963. only. In fact, it is more park than the public Second. Under no circumstances do Hon. WAYNE MORSE, would ever use." More than 4 years ago Sen­ we intend to ruin the wildernesslike Senate Office Building, ator MoRSE announced his stand against character or change substantially the Washington, D.C. condemnation of private property at a lunch­ geographic features of the area. Our DEAR SENATOR MORSE: Your stand against eon meeting in Florence. condemnation in the Oregon Dunes National Although he is not a member of the In­ primary objective, in fact, is to preserve Seashore bill is certainly in accord with terior Committee, as the senior Senator from the area, while making it more accessible views of your constituents. Last summer we Oregon and as a vigorous spokesman, he is to those people who cherish the undevel­ talked V(ith many Oregon residents, .who came expected to play a major role in determining oped outdoors. here to fish, about this national .park issue. the fate of the latest park proposal. Already Third. We most certainly have not They were all vehemently opposed to con­ he has asked Senator MIKE MANSFIELD, ma­ taken a "parkway or nothing'' stand, and demnation and the vast majority were op­ jority leader, to delay action on the bill in the event a parkway is not feasible, posed to a national park in the area. The until "more negotiations can be accomplished or would destroy the scenery, we have frequent comment was "Why do they want at both the Federal and State level." to spoil it with a national park?" Your Secretary of the Interior Stewart L. Udall asked the Departments of Interior and stand is greatly appreciated and has gained was severely criticized by Senator MoRsE. Commerce to recommend the best means you many friends. I am enclosing editorial The Secretary, he stated, "took it upon him­ of preserving the area from undesirable and news items from the Siuslaw News, Flor­ self to ignore me and to ignore those peo­ commercial development and providing ence, regarding your views. ple of Oregon who share the viewpoint of appropriate protection of the natural In a news item in the Oregonian, Novem­ their senior Senator with regard to the dunes beauty of the area. Our amendment ber 22, 1963, the concept of the 500 feet of park." clarifies all these points, and I ask unani­ "buffer zone" was explained, stating that Also opposed to condemnation as well as mous consent that it be printed in the property owners "would be required to keep the purpose of the bill are four members of CONGRESSIONAL RECORD at this point in the land in its natural state.'' We would be the committee: Senators GORDON ALLOT!', included in that buffer zone. We have a EDWIN MECHEM, MILWARD L. SIMPSON, and my remarks. business. Most people think our property LEN B. JORDAN. In a minority report they The . PRESIDING . OFFICER. The very attractive, but its "natural state" would stated, "We have serious misgivings about amendment will be received, printed, and be a thick growth of brush. Also, how would the necessity of a national seashore area in appropriately referred, and, without ob­ one operate a business with any feeling of Orgeon. We are opposed to including in our jection, will be printed in the RECORD. security with a Government scenic easement national park system lands which are prop­ The amendment submitted by Mr. hanging over their heads. erly being administered by the National For­ KEATING, for himself and other Senators, This article also states: "This feature is est Service and lands which are within the was referred to the Committee on In­ designed primarily to apply to the stretch Jurisdiction of State government.'' The re­ of highway south of Lake Tahkenitch, where port stated that the area is now being wisely terior and Insular Affairs, as follows: the road bends eastward and both sides of managed under a multiple-use concept witn On page 2, line 15, immediately after the the highway are outside the park.'' This "adequate recreation facUities being pro­ period, insert the following: stretch of property is owned by the E. G. vided." "In determining the exact location of any Sparrow family and we have a letter in our Features of the bill (S. 1137) include the such parkway, the Departments of the In­ file from Mr. Sparrow which states the prop­ following: terior and Commerce shall make every effort erty is not for sale and will be kept in a tree Honeyman and Umpqua Lighthouse State to route such parkway in a way which would farm for future generations. Hence we see Parks would be included, the boundaries avoid the altering or changing of the wil­ little need for any "scenic easement.'' We following closely those proposed in the Dun­ derness-like character and geographic fea­ also feel that it is such a waste of taxpayers can bill. tures of the area comprising the Shawan­ money to spend over $6 million when there Estimated cost of acquiring private .lands gunk-Kittatinny Mountains. In the event ls really no need to preserve the area for fu­ is set at $1,392,000. that the Departments determine that a scenic ture generations or to provide recreation. It Estimated cost of headquarters and other parkway is not feasible in this location, or ls already preserved and recreation is now be­ facUities is $6,274,000. would necessarily destroy the wilderness ing provided. The Secretary of the Interior may conduct character of the area, they are directed to I was delighted to read in the Oregonian sand dune stabilization and erosion control make recommendations on the best means of your support for the Mundt bill re sale of programs as he deems necessary. of preserving this area from undesirable com­ wheat to Russia and your resentment over The boundaries include 15 private residen­ mercial development and providing appropri­ the inference of disloyalty to the President tial properties and 2 commercial enter­ ate protection of the natural beauty of- the 1! you voted for it. When we reach the stage prises. The boundaries in the bill as first area." 1n ·America when we cannot criticize our introduced by Senator MAURINE NEUBERGER President's views, we are too far on the road included 264 _residences and 39 commercial ADDRESSES, EDITORIALS, ARTICLES, ~ dictatorship. I thought one of the most enterprises. significant things President Johnson SA.id In his report to the Senate committee, Act­ ETC., PRINTED IN THE RECORD in his address to Congress was that he would ing Secretary of the Interior, John A. Carver, On request, and by unanimous con­ respect the independence of the legislat.l.ve stated that the boundaries omitted 3 sent, addresses, editorials, articles, etc., branch. clusters of property on which 37 houses or 24878 CONGRESSIONAL RE£0RD- SENATE' December 17 business structures are located. ..It would Secretary o( the_ Interior-, Mr. Udall, that l There being no obje.ction, the editorial be well," he declared, "if these properties resent. I shall do what I can, as the senior was ordered to be printed in the RECORD, could be obtained and authority has. been Senator from Oregop.. to protect the private as follows: granted by amendment to section 2 to per­ property interests of my constituents in­ mit the acquisition of such contiguous vaets volved in this controversy.'" [From th.e CommercfaJ Appeal, Dec. 22, 1912)' by purchase, exchange, or donation where · The above stand on behalf of the voter~ J'ESUS, THE PERl"ECl' MAN the owner desires to convey and Congress the so-called little people, ls what encourages There ls no other character 1n history like appropriates the necessary fundS'.'• us in our belief that we all have rights under that of Jesus. He did not indicate the location of the the Constitution of the United States, and As a preacher, as a doer of things., and as .. clusters of property."' that we have someone in the Congress of the a philosopher. no man ever had the sweep Because of objections by Senator MoasE, United States that ls going to represent us and the vision of Jesus. it is not expected that the Senate wlll vote and fight for us. A human analysis of the human actions on the bill until next session, if then. If of Jesus brings to view a rule of life that is the measure is approved by the Senate, it [From the Florence (Oreg.) Siusla.w News-, amazing. in its perfect detail. will then be necessary for the House of Rep­ Dec. la, 1963) The system of ethics. Jesus taught during resentatives to take sim.llar action. Congress­ Hls earthly sojourn 2,000 years ago was true MORSE man ROBERT B. DuNCAN has promised a hear­ SENATOll RAPS DuNES Bn.x. then, has been true ln every century since, ing on the House dunes bill in Florence·. Senator- WAYNE Mo&SE, Democra.t, of Ore­ and wlll be true forever. It ls recommended by those opposing the· gon, has served not.lee he will oppose the Plato was a great thinker and learned in park that Florence area citizens as well as Oregon Dunes National Seashore bill unless his age, but his teachings did not stand the other Oregonians write to both Senator Mo11SE it ls amended to forbid condemnation of test of time. In big things and ln. little and Congressman DUNCAN. The only address private property, according to an article ap­ things times and human experience have needed is Washington 25, D.C. pearing in a daily paper. shown that he erred. MORSE submitted to the Senate last Tues­ Marcus Aurelius touched the reflective [From the Florence (Oreg.) Siuslaw News, day night an amendment which would bar mind of the world but he was as eold and Dec. 12, 1963 ], condemnation action either to acquire title austere as brown marble. FOR TH:S PEOPLE or scenic' easement on property within the The doctrine of Confucius gave a great 30,000-acre proposed park. boundary except nation moral and mental drJ'rot. If there had ever been any question about by consent of the property owner. Mohammed offered a system of ethics Senator WAYNE MORSE; our senior Senator, MORSE said he has urged the Senate Dem­ which was adopted by milllons of people. standing by his word, those questions had to ocratic leader, Senator MIKE MANSFIELD of Now their chlldren live in deserts where once be dispelled by his remarks this past week Montana, to consider postponing senate ac­ there were cities, along dry rivers where once concen1lng the newest bill proposing a tion on the blll "untll more negotiating can there was moisture, and in the s-hadows of Sand Dunes National Park. be accomplished a.t both the FederaL and gray, barren hills where once there was Over 4. years ago, Senator MORSE said he State level." greenness. would oppose the inclusion of any ••con• Thomas Aquinas was a profound phlloso­ demnation" feature included in any Dunes [From the Florence (Qreg.) Siuslaw News, pher, but parts of his system have been National Park legislation. Dec. 12, 1963 J abandoned. Last week, when the most recent bill was MORSE SAYS FUNDS Al&RIVBD Francis of Assisi was Christlike in his reported out of the Interior Committee it saintliness, but in some things he was child­ included condemnation provisions, which Senator WATNE MoRSE has notifted the ish. MORSE immediately spoke out against. Our Siuslaw News that $80,000 has been appropri­ at"ed for dredging the local harbor. Thomas a Kempis-' Imitation: of Christ 1S' senior Senator left no doubt in anybody"s a thing of rare beauty and' sympathy, but lt mind how he viewed this particular legisla­ The funds were approved by the Senate is, as its name indicates, only an imitation. tion and how strongly he felt his obliga­ on December 9. Sir Thomas More's Utopia is: yet a dream tfon to protect his constltutents who would Senator MORSE'S letter follows:· that cannot be reallzed. be affected by this legislation. "Senate Appropriations Subcommittee ha& Lord Bacon writing on chemistry and med­ It. is refreshing to know that there ls one approved $80,000 in dredging funds for Sius­ icine under the glasses of the man working of our national legislators who !eels he law Harbor for current fiscal year. in a 20th century laboratory is puerile. should consider the feelings of those di­ "Subcommittee has also approved $9,000 • rectly involved and who elected him. for navigation investigation, Siuslaw River. Napoleon had the world at his. feet for 4 Too often, when an individual is elected "In June I testified in support of these years, and when he died the world was go­ to public office. they ta'ke it as carte blanche appropriations. Wlll urge their approval in ing on its way as if he had never lived. to do as they "see fit" without considering Senate Appropriations Committee and Sen­ Jesus taught little as to property because the feelings of the voters who elected ate." He knew there were things of mor.e impor­ them. It appears that upon election, repre­ tance than property. He measured property sentatives soar to a lofty perch and are and lifer the body and soul, at th-elr exact above what the voters want--"I am not JESUS, THE PERFECT MAN relative value. He taught much as to char­ doing this for votes"-"I would do different­ Mr. STENNIS. Mr. President, the. acter, because chai:acter 1s of more impor­ ly if this was to make the voters happy."' tance than dollars. I ask, what does an elected representative late C. P. J. Mooney was longtime editor of the Memphis Commercial Appeal and Other men taught us to develop systems do? Re ls elected to do what the voters of government. Jesus taught so as to per­ who elected him want him to do-not what wrote many excellent editorials which fect the minds of men. Jesus looked to the he wants to do particularly. were both an inspiration and an enlight­ soul, while other men dwelled on. material Senator MORSE beyond all doubt under­ enment to his many readers throughout things. stands his responsibllity to the voters. This the mid-South. One of Mr. Mooney's ed­ After the experience of 2.000 years no man 1s eznphasized by his remarks recently in itorials. "Jesus, the Perfect Man," has can find a flaw in the governmental system the CONGRESSIONAL RECORD when he spoke continued to enrich the spiritual and re­ as outlined by Jesus. on the subject of the Oregon Dunes. MoRsE Czar and kaiser, president and Socialist, said: "As the senior Senator from Oregon, ligious thought and life of the people for more than half a century. It has been give to its complete merit their admiration. I serve notice tonight that I shall oppose No man today, no matter whether he fol­ the blll. reprinted in the Commercial Appeal each lows the doctrine oi Mllls, Marx., or George "I believe the Senate should think a long year prior to Christmas Day for the last as to property, can find a false principle in time before lt proposes to subject a State to 51 consecutive years, and, as I under­ J esuS-' theory of property. the establishment of a Federal park under stand, will also appear this year. I hope In the duty of a man to his fellow, no such fact situations as exist in connection the practice continues for many years sociologist has ever approximated the per­ with the Oregon Dunes, and particularly to come. fection of the doctrine laid down by Jesus when there is not a united delegation, and in His sermon on the mount. when the State government also has some This editorial was read and discussed Not all the investigation of chemists, not interest in the matter." by the leader of the Senate breakfast all the discoverie~ of explorers, not all the Senator MoaSE's remarks went on to say: group at a recent meeting when many experience of rulers, not, all the historical "Mr. President, i! we write into the bill the of those in attendance requested that the facts that go to make up the sum of human provision of condemnation, we in effect take editorial be printed in the CONGRESSIONAL knowledge on this day in 1912 are in con­ great property value away from present own­ RECORD. Mr. Mooney's editorial is as tradiction to one word uttered or one prin­ ers of property. We pull the rug out from true today as when written in 1912. ciple laid down by Jesus. under some of ·the most important aspects The human exp~riences of 2,000 y-ears show of land ownership. We depreciate the value In order that the worth and spirit of be that Jesus never made a mistake. Jesus of that property to the tune of large sums of this Chrismas message may shared never uttered a doctdne that was true at money. throughout the Nation I ask unanimous that time and then became obsolete. "It is that kind of conduct on the part of consent that the editorial be included in Jesus spoke the truth; He lived the truth, the Federal Government, acting through the the CONGRESSIONAL RECORD at this point. and truth ls eternal. 1963 CONGRESSIONAL RECORD- SENATE 24879 History h~ .no record of any other man cure some measure of relief to our domes­ our trade policy in this respect; and I am leading a perfect life or doing everything in tic industry. hopeful that the President will move in logical order. Jesus is th_e only person whose In the face of these facts, our trade this direction without delay. every action and whose every utterance strike a true note in the heart and mind of every representatives will go to the forthcom­ ing negotiations armed with authority to man born of woman. He never said a fool­ MRS. ALINA ish thing, never did a foolish act, and never reduce the present tariffs on these meat F. BRIDGES dissembled. products by 50 percent, or even to zero. Mr. COTTON. Mr. President, I know No poet, no dreamer, no philosopher loved I strongly suggest that we should main­ that every Member of the Senate who humanity with the love that Jesus bore to­ tain the existing duties on these imports; served with my late beloved senior col­ ward all men. and I have, accordingly, requested the league from New Hampshire, Styles Who, then, was Jesus? President to instruct our representatives Bridges, will have a deep interest and He could not have been merely a man, to these negotiations not to grant any for there never was a man who had two con­ find poignant significance in the death secutive thoughts absolute in truthful per- concessions on these items. of his mother, Mrs. Alina F. Bridges, who fu~~ . We cannot solve this problem, how­ passed away on December 14 at Lake Jesus must have been what Christendom ever, by simply ·maintaining our import Worth, Fla.,. at the age of 88. proclaims Him to be-a divine being-or He duties at the current rate. Because of Most men of character and of achieve­ could not have been what He was. No the rising production costs incurred by ment in this life owe much to their mind but an infinite mind could have left our domestic producers and the general mothers, but the case of Mrs. Bridges behind those things which Jesus gave to the price level in the United States, together surpasses m_ost. Left a widow at an early world as a heritage. with lower production costs and various age with three small children, she raised governmental incentives in foreign pro­ them magnificently with no resources INCREASING IMPORTS OF CATTLE ducing nations, a 3-cent per pound tar­ but her earnings as an elementary school iff on beef and veal does not constitute PRODUCTS teacher. We who knew Styles Bridges sufficient protection. The existing duty do have some perception of how she Mr. STENNIS. Mr. President, during has been in effect since 1947, and it can­ inspired greatness in all her children. the past 6 years imports into the United not be disputed that ·the level of these A remarkable news report in the Bos­ States of various cattle products, par­ imports has increased significantly since ton Herald of December 15, 1963, traces ticularly beef and veal, have experienced that date. her life and the careers of her children a large increase. In 1957, for example, What is needed, Mr. President, is the eloquently and succinctly and far better these imports amounted to 3.9 percent imposition of some type of restrictive than I could recount them. I ask unani­ of domestic production;-in 1962, this fig­ barrier to prevent these imports from mous consent that it appear at this point ure increased to 11 percent; and imports continually increasing. By this, I do not in the body of the RECORD. of these items during the first 8 months mean that we should stop all imports of There being no objection the article of 1963 were approximately 22 percent these products; but we do need to estab­ was ordered to be printed in the RECORD, above the level of the first 8 months of lish a reasonable import quota. as follows: last year. Within this overall category, Discretionary authority is now vested MRS. BRIDGES IN FLORIDA, 88-MOTHER OF SEN­ imports of manufacturing meats are now in the President to immediately initiate ATOR, BURIAL RITES IN MAINE equal to approximately 40 percent of action which would be of significant val­ Mrs. Alina F. Bridges, 88, a former resident domestic production. ue to the cattle industry. This authority of Milton and mother of the late U.S. Sena­ Although the Department of Agricul­ is found in section 204 of the Agricul­ tor H. Styles Bridges, Republican, of New ture has consistently treated these facts tural Act of 1956 which provides: Hampshire, died yesterday at home in Lake lightly, the spokesmen for the cattle in­ The President is authorized to negotiate Worth, Fla., after a quiet life personified by dustry insist, and have proven, that this agreements with foreign governments in an self-sacrifice. increase of imports is a significant con­ effort to limit the export to the United · Born in West Pembroke, Maine, and a grad• tributing factor to the continually de­ States of agricultural commodities or prod­ uate of it.s high school, she taught elementary ucts. school in that area for 30 years not only be­ clining prices which have been experi­ cause she placed an irreplaceable value on enced in our market during the past few Pending the report of the Tariff Com­ education but also because her husband died years. Although our prices should be mission, as ordered by the Senate Fi­ shortly after they were married and she had stable and our market strong because nance Committee, I have requested three young children to raise. · of our steadily increasing consumption President Johnson to initiate consulta­ ALL TAUGHT SCHOOL of beef and veal, which now equa~ about tions with the major cattle producing That she succeeded was obvious. Styles one-third of the total world supply, nations, in an effort to reach a type of went on to the U.S. Senate after rising to exactly the opposite situation prevails. moratorium agreement limiting any the governorship of New Hampshire. An­ It seems very clear to me that the high further increase in the level of these im­ other son, the late Ronald P ., earned an M.A. level of these imports is certainly an ports. Upon a final determination of the degree from Harvard, after attending Bates important factor in these market con­ impact of these imports on the domestic and Bowdoin Colleges, and was president of ditions. the Pacific School of Religion in Berkeley, niarket, long-range agreements should Calif. The Trade Information Committee be negotiated to establish an import A daughter, Miss Doris, with whom she and the U.S. Tariff Commission are cur­ quota for each foreign producing nation. resided both on Pine Grove Street in Milton rently conducting hearings with refer­ These agreements should grant to these and later in Lake Worth, was graduated from ence to the forthcoming international nations a reasonable, but limited, access Boston University and Columbia and retired tariff negotiations to be held in Geneva. to our market, but simultaneously guar­ 2 years ago as head of the English depart­ Beef and veal are among the items on antee to our domestic producers their ment at Milton High School. which existing duties will be subject to rightful share of the continually increas­ Ironically, all her children launched their possible reduction during the negotia­ own careers teaching in the same little ing demand for these products in the schoolhouse in the Young's Cove school dis­ tions, and testimony on these items has United States. In my opinion, the con­ trict of Maine where she first taught. alreaay been presented to the Trade summation of such agreements would For the past 25 years, although she still Information Committee and the Tariff constitute the most effective and appro­ maintained the Bridges' family home in West Commission. priate action available to us, consistent Pembroke where she summered, she lived In addition, the Senate Committee on with the intent and purposes of the mostly in Milton where she was a member of Finance has directed the Tariff Commis­ Trade Expansion Act. · the East Congregational Church and a mem­ sion to investigate the various factors af­ The cattle business ,is one of the last ber of the church's women's society. fecting competition between domestic in this Nation, Mr. President, to be In 1954 the soft-spoken, silver-haired Mrs. and imported beef and beef products. largely free from Government subsidy, Bridges was named "Maine Mother of the Year," and in 1947 she was named "Maine Under the terms of the resolution direct­ control, and regulation. This situation State Mother." ing this study, the Tariff Commission is will not long prevail, however, unless The latter award, conferred upon her by to report its findings by June 30, 1964. steps are taken immediately to protect the American Mothers Committee of the In the light of the evidence which is the industry from the competitive ad­ Golden Rule Foundation in New York City, readily available, however, it is clear that vantage of certain foreign producers. It was received by her with a warm smile and a. steps must be taken immediately to se- is time now to take a realistic look at gentle thrust of her Yankee wit. 24880 CONGRESSIONAL RECORD - SENATE December 17 "Dc:>n't believe !or a minute that tl:ley're printed .in the RBCOBD as a part of my Cleveland Committee on Soviet Anti­ not honoring my two sons and. my daughter, remarks. Semitism--Cocha.irmen: 'Msgr. Law­ too," she said. "Why, where would I be There being no objection, the article rence P. cahtllp President~ St. John without them? I wouldn't even be a College; Rabbi Philip Horowitz, Brith mother." was ordered to be printed in the RBOORD',. Emeth · Congregation;, Hon. Leo A. Both ·Rona.Id and Styles also went on to as follows: Jackson, Cleveland City Council; Rev. be listed in "Who's Who" and on one public 0CrAHOBNTECB (HALT!) B. Bruce Whittemore, Cleveland Area occasion after another they paid tribute to ( An appeal to the conscience o! · Soviet. Church Federation. their mother. leaders to ha.It oppression of Russian Jews.) When Styles became Governor of New SEVEN-POINT APPEAL PREPARED BY CONFERENCE ROSS COUNTY DISTRICT LIBRARY, Hampshire, his first official act was to Jot a ON THE STATUS OP SOVIET JEWS, NEW YORK, note or gratitud.e to her. It said: "The first OCTOBER 12, 1963 CHILLICOTHE, omo, RECIPIENT stroke of a. pen made by the new Governor OF DOROTHY CANFIELD FISHER goes to you, mother." 1. Eliminate the anti-Jewish character of the official campaign against economic crimes MEMORIAL AWARD Mr. MANSFIELD. Mr. President, will ( in which an attempt h8.$ been made to the Senator yield? blame the Jews for the economic and moral Mr. LAUSCHE. Mr. President, this breakdown in Soviet internal affairs. The year the Ross County District Library, Mr. COTTON. I yield. death penalty has been meted. out to hun­ Chillicothe, Ohio, has been selected to be Mr. MANSFIELD. I join the distin­ dreds of persons, most of whom have been the recipient of one of the Dorothy Can­ guished senior Senator from New identified as Jews in the Soviet press). field Fisher Memorial Awards of $1,000 Hampshire in the remarks he has made 2. Permit Jewish emigration to reunite which is presented by the Book of the about our late beloved colleague, Styles separated families. Month Club. Bridges, and his mother. We, too, ex­ 3. Permit cultural and religious ties be­ Previous winners in Ohio include the tend our sympathy to this magnificent tween Soviet Jews and Jews of other lands. 4. Reopen closed synagogues and lift the Preble County Library, Holmes County family. ban against the performance of religious Library, and the Public Library of Iron­ Mr. COTI'ON. I thank the Senator. Jewish observance. ton. 5. Reopen Jewish schools. I should like to take this opportunity 6. Revive Jewish institutions in Yiddish to commend the Book of the Month Club CLEVELAND PROTESTS SOVIET and Hebrew. for providing this award, and to express ANTI-SEMITISM 7. Launch a vigorous educational cam­ my congratulations to the small libraries paign against anti-Semitism, directly at­ Mr. LAUSCHE. Mr. President, Cleve­ tack endemic anti-Jewish feelings and cease who have been the recipients, in par­ land leaders of all faiths and political campaigns of vilification in the press and ticular the Ross County District Library. persuasions have joined together to pro­ other mass media. I wish the libraries continued success in their efforts to provide more and test the increasing manifestations of SUPPORTING THIS APPEAL ARE MANY AMERICANS anti-Semitism within the Soviet Union. WHO DEPLORE PERSECUTION WHEREVER IT better library services for the citizens of This group, the Cleveland Committee on E XISTS their communities. Anti-Semitism, has as its cochairmen Nationally: Justice William O. Douglas, Msgr. Lawrence P. Cahill, president, St. Rev. Dr. Martin Luther King, Jr., Senator John College; Rabbi Philip Horowitz, Herbert H. Lehman, Bishop James A. Pike, OUR SPIRITUAL HERITAGE Brith Emeth Congregation; Hon. Leo A. Mr. Walter Reuther, Mr. Norman Thomas, Mr. TOWER. Mr. President, the Ki­ Jackson, Cleveland City Council, and Mr. Robert Penn Warren, and Dr. Moshe wanis International Council, meeting in Rev. B. Bruce Whittemore, Cleveland Deeter. Chicago in October, passed a nonpartisan Area Church Federation. I have pre­ In Cleveland: Pro!. George W. Albee, Rev. and nondenominational resolution on a Amos A. Ackerman, Ralph M. Besse, Rev. viously spoken on this subject, but in Edward Bergstraesser, Rev. Joel Bladt, Rev. matter of real concern to all Americans. view of recent developments, more should Charles H. Bright, Dr. John Bruere, Rev. This succinct and penetrating resolu­ be said. H. Richard Bucey, Rev. Samuel H. Cassel, tion speaks to the topic of those who Mr. President, late last month, the Mayor Paul W. Cassidy, Dr. Kenneth Clem­ would have us interpret freedom of re­ members of the Soviet cultural delega­ ent, Rev. Stephen Csutoros, Rev. Duane L. ligion as freedom from religion and sepa­ tion visiting this country were in Cleve­ Day, Rev. M. Richard Drake, pastor, Dr. ration of state and church as separation Berna.rd H. Eckstein, Rabbi Louis Engelberg, of state and God. land as part of their national tour. The Dr. Gerald Tauber, Msgr. Daniel T. Gallagher, Cleveland Committee on Soviet Anti­ Mr. Victor Gelb, Dr. David Gitlin, Bishop I commend to my colleagues' close at­ semitism sought to interview the Soviet Joseph Gomez, Rev. Ralph M. Gray, Rabbi tention this Kiwanis Council resolution. visitors with respect to anti-Semitism Jack Herman, Mr. Clarence Holmes, Judge I ask unanimous consent that the reso­ within the U.S.S.R. but the Russians Perry B. Jackson, Dr. Emerson Jacob, Mr. lution may be printed in the R&coRn. steadfastly avoided the confrontation. Russell W. Jelliffe, Mr. Stanley B. Kent, Rev. There being no objection, the resolu­ While on the one hand they issued pub­ Albert Kokolwsky, Rabbi Louis H. Lieber­ tion was ordered to be printed in the worth, ·Rev. W. Chave McCracken, Rt. Rev. RECORD, as follows: lic denials of Jewish persecution in the Msgr. Anthony V. Mechler, Rev. Henry L. Soviet, on the other hand they adroitly Noffke, Dr. Paul Olynyk, Rev. A. M. Penny­ OUR SPIRITUAL HERITAGE sidestepped the opportunity of being backer, Rabbi I. Pickholtz, Rev. V. A. Peter­ (Resolution presented to the international faced with the evidence on anti-Semi­ son, Rev. Isaiah P. Pogue, Jr., and Chief council, Chicago, Ill., October 23, 1963) tism in their homeland in the possession Justice August Pyratel. The United States of America ls a nation or the committee. Dr. Louts Rosenblum, Rabbi Milton Rube, founded upon belief in God and maturing On November 27, the Cleveland com­ Rabbi Benjamin Rudavsky, Dr. Abe Silver­ under a trust in God. In return for that mittee inserted in the Cleveland Plain st'ein, Mr. Ralph Rudd, Mr. William E. San­ trust, He has blessed us beyond all other born, Rev. Peter H. Samson, Dr. Oliver nations and protected us from our national Dealer an appeal to the conscience of Schroeder, Jr., Rabbi Jacob Shtull, Rabbi follies and errors. Soviet leaders to halt the oppression of Myron Silverman, Judge Samuel Silbert, Mr. From Him we have derived certain inalien­ Russian Jews. This appeal cited the John B. Blade, Mr. James H. Sivard, Rabbi able rights, among which are personal and facts to which the Soviet delegation had Marvin Spiegelman, Dr. Benjamin Spock, Mr. religious freedom. We in turn have snared turned a deaf ear. I append that appeal Robert Stafford, Dr. Thomas G. Stampfl, Dr, those with all who have come to the golden hereto as a part of my remarks. The Harry B. Taylor, Mr. George J. Urban, Hon. door seeking personal, religious, or political facts speak for themselves. I join with Carl V. Weygandt, Judge Theodore M. Wil­ freedom. We have guaranteed religious liams, Prof. Harvey Wish, Rev. Howard B. freedom by providing that there shall be a the concerned citizens of Cleveland in Withers, Msgr. Louis A. Wol!, Very Rev. Hugh separation o! church and state while at all voicing my own deep concern in the E. Dunn, S.J., Mr. Jay D. Feder, Mr. Irving times being committed to belief in God and prayerful hope that the Soviet leaders Levine, AJC., Mr. Ben Zevin, Rabbi Daniel His will. will recognize that they offend the con­ Litt, Prof. Michael S. Pap, and hundreds of Whereas there are those who would have science of the world by their actions and others. us interpret freedom of religion. as freedom will revise their policy accordingly. Sixty U.S. Senators have issued their own from religion, separation of state and church Mr. President, I ask unanimous con­ appeal to the U.S.S.R. in Senate Resolution as separation of state and God; and 204. Lord Bertrand Russell this year sent a Whereas certain individuals and groups sent that the text of an advertisement personal appeal to Premier Khrushchev call­ seeking to deny the dependence of this Na­ appearing in the Cleveland Plain Dealer ing !or an end to Soviet anti-Jewish prac­ tion and its people on God have emarked Wednesday, November 27, 1963, be tices. on s:µch campaigns as to effect removal of 1963 .CONGRESSIONAL RECORD-- SENATE 24881 "Under ·God" from -the· Pledge- 'Of Allegiance : _Roswell's bigges-t single industry - is na­ l'al)ge program-is Just getting under way to and "In God We Trust" from our coinage: tional defense, specifically income generated identify the· prime contrac:tors and subcon- .Therefore be it by )Val~er Air Force Base,,a. sizable Strategic . tractors who share tn 'the combined $57-bil­ Resolved, That, the President and the Con­ Air Command bomber and missile base bere. llon annual expentitt.ures o.f the :Defense De­ gress of. the United States be solemnly re­ The SAC base contributes about olle-third of partment, the Atomic Ene:rgy Commission, quested to reaffirm recognition of the spir­ Ros,well's annual $-208 million income. and the National Ae:ronautlcs and Space Ad­ itual heritage of this Nation and it& people In this dependence on defense, Roswell is ministration; to detennine the areas most and to oppose. and prevent further attempts more or less typical of hundreds of U.S. com­ directly affected by defense business; and to however well intentioned which tend ta deny munities. Right now a number of towns· and project defense spending, 1n each industry 5 our national and personal trust in God or cities, f:rom Schenectady to san Diego, are years ahead. to remove God from the corporate body of complaining about the damage to their econ­ Already the Census Bureau has agreed to our Government. omies feared from the cutbacks and cl-osin~ conduct a special survey of manufacturers of military bases announced last, week by De.­ to determine· precisely where defense work is fense Secretary McNamara. done, the value of such work by company, REDUCTION OF MILITARY But unlike most defense-dependent com­ and the share of each company's, work force SPENDING munities, Roswell is actively preparing for devoted to defense activity. And a major the day when defense dollars· spent he:t'e may economic-impact study contract to cost Mr. ANDERSON. Mr. President, I dry up. Even though Pentagon planners have $750,000 in the next 2 yearS' has just been support President Johnson's efforts to assured the city that the baee should hum awarded to the Institute for Defense Analy­ reduce military spending where:ver pos­ along at full tilt for a least 5 years and sis, a private research outfit. sible without doing injury to national probably much longer, RosweU's business and Defens.e Departm.ent Comptroller Charles security, His objective is dictated by civic leaders have launched a determined ef.­ Hitch, while optimistic about developing fort to diversify the city's economy now. tools with which to predict economic prob­ sound logic and efficient management of ·They've hired city planning consultants to lems arising from cutbacks, cautions that the public's business. propose a modernization plan for their busi­ "it will take several years before we can hope At the same time, I am well aware that ness district and they've taken on other out­ to obtain reliable data," particularly on pos­ military and defense piants often are side specialists to, draft proposals for attract­ s1ble defense shifts from one location to, an­ the economic foundation of many com­ ing new industry. other. In that sizable segment of defense munities. When these establishments OFFICE OF ECONOMIC ADJ'USTMENT business awarded competitively rather than ·are curtailed or when contracts are The city's first move was to Washington, negotiated, .,there is no feasible way to fore­ ended, the result can be disruptive to to a little-known corner of the Defense De­ cast which firm will receive a particular con­ these communities. Many communities partment quartering the Office of Economic tract," he notes. "But w;e do hope,. eventu­ Adjustment. This Office was set up in the ally, to be able· to make some rough have had military installations and de­ projections by regions-." fense plants for. so long that they have first days of the Kennedy administration to help cushion the blow in places where heavy Once an industry· or region has been come to regard them as permanent. But spending military installations _had to be alerted, there is little the Government can do we all know that times change and de­ closed or bjg defense orders curtailed. beyond explaining what, aid is available fense requirements change too. In view Though its staff numbers only five persons, t.irough normal channels and encouraging of the recent announcement of the clos­ it can call on speciallsts throughout Gov­ self-help. When a Federal installation ing of a number of facilities and with the ernment for aid. Among other communities, closes, the Government does give first crack likelihood that other installations will Preo: que Isle, Maine, was assisted in luring at new jobs in the area to displaced workers. be shut down, new attention is. being new industry when a missile base there was But in the case of. a contract termination, it elosed. Wichita, Kans., got h'elp in seeking may not legally shunt. f.at new contracts to focused on what ean be done by the af­ new Government business when B-52 bomber the- community merely to soften the blow. fected communities and by the Govern­ production there was shut down. In Roswell's case, the Economic Adjust­ ment to ease the blow and to seize the A delegation from Roswell tre'kked to ment Office organized a task. force of 15 -advantage for new economic opportuni­ Washington last May and asked for Govern­ · specla.llsts from the Departments of Defense, ties·. This is why I am especially pleased ment suggestions. "We went to Washington Labor, Interior, and Agriculture. Along with with the· efforts. Roswell, N. Mex., is not for a subsidy or a handout," insists A. J. counterparts from New Mexico State and making to look ahead and build a back­ Armstrong, 49-year-old manager of a meat­ county agencies, they took part in. a. day-long stop against any eventuality at nearby packing plant and a member of the Roswell "brain-storming" session in Rosweil on Sep­ Chamber of Commerce. "We weren't looking tember 27'. Most of the key business, labor Walker Air Force Base. Walker, a Stra­ for money; we were looking for ideas and and farm leaders of this· area: attended; so tegic Air Command base, contributes help in shaping plans for a more broadly many wanted to be present that the meeting about one-third of Ros-well's annual $200 based economy." had to be shifted from a downtown motel to million income. So it is understandable Recalls Donald Bradford, director of the the nearby airbase. why the people of that fine community Pentagon's Economic Adjustment Office: "Till As an aftermath of the meeting, commu­ should be thinking about alternative then our efforts had pretty much been con­ nity leaders took a look at the downtown sources of income. fined'. to assisting communities already in business district which has not been drawing There are no plans that I know of trouble. The idea of anticipating this prob­ in many people from rural areas and has been to lem and doing something well befo.re it be­ losing business to numerous little shopping close Walker Air Force Base. Never­ came cri.tical attracted us. We thought we centers on the fringes of town. The main theless, the Roswell Chamber of Com­ might make a model of Roswell, showing business strip sprawls along 3½ -miles of merce has been doing some long-range what co-nld be done with a little advance main street, a rather spotty area plagued by thinking and now is doing some future planning and local self-help." lack-... of one-stop shopping opportunities and planning to attract new industry and to The heavy economic impact of shifts in a shortage of parki-n.g space. They decided to improve the agricultural economy of the defense spending is hardly new; after both hire Harland Bartholomew and Associates, a. area. I think the future will find Ros­ World War II and the Korean War, defense St. Louis-based city planning firm, to propose well well prepared, and other communi­ procurement sank sharply, if temporarily. a modernization plan; the chamber of com­ But officials see added need to cushion the merce agreed to pick up the $25,000 tab. ties might look to Roswell as an example blows during a period when fast-advancing The loc,al leaders examined their industrla:1 of what can be done to prepare for pos­ technology causes military buyers. to flit from picture. The Glover Packing Co., with only sible changes in the defense picture. one new weapons system to an even newer a, little over 200 employees, is the largest com­ A fine article in today's Wall Street one, and when total defense spending is ex­ mercial enterprise; other plants, making such Journal describes the effort at Roswell, pected to decline by as much as $5 billion a things as prefabricated houses, cinder blocks, and I ask unanimous consent that it be year by 1968. and neon signs are all quite small. It was decided that another outside specialist would inserted in the RECORD at this point. NEW COORDINATING GROUP be hired to make proposals for attracting new There being no objection, the article To coordinate Government aid .to compa­ industry; the city agreed to pay for a $16,000 was ordered to be printed in the RECORD, nies and regions likely to be affected, Secre­ study by Fantus Area. Research, Inc:., of New as follows: tary McNamara recently named his special as­ York. sistant, Adam. Yarmolinsky, to chair a new DEFENSE . BASE CLOSINGS SPUR ROSWELL, Roswell also reviewed focal agriculture, high-level working group. It will coordinate dominated by cotton, cattle, and sheep rais­ N. MEX., 'FO DIVERSIFY ECONOMY-THOUGH efforts within the Defense Department and AIR FACILITY FACES No IMMEDIATE THREAT, among other interested agencies such as the ing. If some of the land now committed to CITY GETS U .S. HELP IN SHAPING PLANS Arms Control and Disarmament Adminis­ cotton could be converted to sugarbeets, (By William Beecher) tration. per.haps a $20 mi11ion sugar :refinery could be ROSWELL, N ~ MEx.-This dynamic little city Too, the Pentagon plans to develop a.:i;i attracted. Some thought already had been of 45,000 in the heart' of the Pe.cos Valley is early warning system for alerting defense in:­ given this possibility and more . than 400 enjoying the bounty of prosperity but acting dustries and regions of the country abowt farmers had pledged to devote 32,000 acres as if the wolf' were at the door. impending economic dislocations. A long,- to sugarbeets; the community decided to CIX--1566 24882 CONGRESSIONAL RECORD- SENATE December 17 push to obtain the necessary acreage alloca­ charity events ln America, attended by an and profitable scientific undertaking of your tion from the U.S. Agriculture Department. audience of considerable intellectual dis­ administration. Attention was given to possible establish­ tinction and wide knowledgeab111ty. And I "Certainly there is no nation so geograph­ ment of a petrochemical industry in Roswell. was somewhat painfully aware of my limita­ ically, scientifically, economically favored as A special study group was formed including a tions as a speaker on so significant an oc­ we are for this challenging and richly re­ petrochemical engineer with Humble Oil & casion. Second, I realized that this was to warding undertaking. In a great hydro­ Refining Co., and a geologist with Atlantic be a strictly nonpolitical event, and that space thrust we can, in a matter of a few Refining Co. my subject must be one quite free of any years, outdistance all the oceanographers of Some poss1b111t1es broached at the Septem­ partisan overtones. As you well know, ladies the U.S.S.R. and other nations, whose orig­ ber seminar seemed far out. One suggestion and gentlemen, it is easier for a camel to inal contributions to underwater exploration that synthetic alcohol produced from petro­ pass through the eye of a needle than for a have, unhappily, so far been greater than our leum might be used in setting up a liquor speaker of known political convictions to own. industry was greeted by laughter; but, after avoid political imputations, if not implica­ "The very fact that our only deepsea some checking, it was learned that such al­ tions, in a presidential campaign year. craft, the 10-year-old, secondhand Trieste, cohol can indeed serve to speed the fermen­ But in the end I accepted your wonderful was the private invention of a poor and tation of grain. invitation, because happily I thought I had · humble Swiss professor of physics, August Says Bill Deane, 48, a retail merchant and ·found in "The New Frontier of the Ocean" Picard, has so far seemed the measure of our chairman of the meeting: "One idea hitch­ a politically nonpartisan subject. It was my own lag in abyssal exploration. The many hiked on another; we got a pretty fair notion intention to tell you tonight that we are pronged hydro-space thrust your program of where we are and where we ought to be entering the new ocean age; that our Na­ envisages will swiftly change our underwater going." Adds Bill Armstrong, 43-year-old tion's destiny will be linked ever more closely posture, and it calls for loud cheers from roadbuilder and chamber of commerce presi­ with the success of our national oceano­ the' entire Nation. dent: "The Government people didn't hand graphic efforts and research plans. "Unhappily, Mr. President, for certain psy­ us anything, but by their presence they And because of the special interest of chological and superstitious reasons (which convinced the community we were serious this audience, a good part of that talk was I touched on in my convention address), about improving our condition. They gave to have been concerned with the many ex­ the tremendous significance and importance us the necessary impetus to really get mov­ traordinary advances being made in marine of your inner space project has not been ing." biology and underwater medical research. grasped by the American public, or the press. In Washington, Mr. Bradford expresses That talk you will not hear tonight. For example, the announcement of it ap­ genuine pleasure at the strides being made in You see, last Friday, at 1 o'clock, I was peared in the New York Times on page 9, Roswell. "It establishes a pattern that sitting writing on a jet plane, en route and it probably received even less attention other communities might well follow," he from Arizona to New York. I was strug­ from the rest of the country's press. says. "Already two Congressmen who heard gling with my briny topic, trying to give it "May I respectfully suggest that no one about Roswell have come to us suggesting a few light, salty touches when the pilot's but yourself can assure Project Neptune the similar programs in a couple of cities, one in voice, urgent and somber, abruptly filled headline attention it deserves. I hope you the Northeast, another in the Midwest. Un­ the plane with the terrible news that our will consider sending a special message to til we can develop some kind of workable President had been assassinated. I wrote Congress about it. early warning system, this represents the best no more on the talk that day. The pages "Few Americans seem aware of the tremen­ interim approach." that lay on my lap were suddenly dampened dous advances that have been made, or of with real salt water-the salt of one Ameri­ the even greater ones still to be made in the can's tears. My mind and heart, like yours, whole field of oceanography. Only you can PROJECT NEPTUNE have since been full of horror and grief. focus the Nation's attention on the many Tonight you will hear not Just my words challenges of the inner space proposition: Mr. JAVITS. Mr. President, the late on the importance of an oceanography pro­ The farming and mining of our undersea re­ President Kennedy had a keen apprecia­ gram to our Nation's destiny. You will hear sources; the possibilities of mineral, archeo­ tion of the importance of scientific re­ President Kennedy's words--words which logical and meteorological discoveries; the search, and one of the fields in which he have never been heard before. The corre­ possibility of fresh water recovery; and the felt we needed much more knowledge was spondence I shall read to you, between the finding of a new range of antibiotics for the ocean. Oceanographic studies form President of the United States and myself, human use. Only you can bring together a relatively new area of comprehensive · a private citizen, no longer belongs to me. for all to reflect upon, the many sciences­ It belongs to you the people, and to the geology, physics, biology, mathematics­ research and many nations are engaged Nation's archives. which are being today applied to inner space ln it. There is much more that we can I would prefer not to read my own letter, exploration. Only you can paint the com­ do in this search for information; and but I must because it initiated the exchange, prehensive picture of the military, commer:. in a letter to the Honorable Clare Boothe and it is essential to your understanding of cial, and scientific purposes your program Luce, President Kennedy had reviewed the President's response. will serve. the Federal Government's role up to the On August 2 last, I wrote President Ken­ "I feel sure that such a message will be­ present as well as his plans for the fu­ nedy the following letter: come a document of historic significance ture. This is an extremely important "DEAR MR. PRESIDENT: On the 4th of July whose luster can never be dimmed by any statement, and we should be grateful to last, in Philadelphia, I had the honor to key­ political event or consideration. No Pres­ note the fourth annual convention of the ident, perhaps, in all American history has our former colleague, Ambassador Luce, Underwater Society of America. The invi­ proposed a national undertaking more chal­ for making it public together with the tation to address this gathering of distin­ lenging and more potentially fruitful for letter she wrote which elicited President guished underwater oceanographers, arche­ our country and for mankind than Project Kennedy's reply. ologists, photographers, engineers, biologists, Neptune. I ask unanimous consent to have ichthyologists, and submarine researchers, "With renewed expression of admiration, printed in · the RECORD the address by fell to me no doubt consequent to the re­ "Respectfully, the Honorable Clare Boothe Luce entitled grettable fact that the convention could "The New Frontier of the Ocean," con­ think of no other available public figure who On August 23, just 3 months ago, the Presi­ taining these letters, which she delivered was deeply interested in the overall question dent responded: of inner space exploration. "D~AR CLARE: Your inspiring talk on the at the annual dinner of the Stritch "In that address, I expressed the fervent exploration of inner space certainly strikes School of Medicine, Loyola University, hope that our Government would, before a responsive note. I share your conviction November 26, 1963. too many years passed, undertake a Project that exploration of the seas and the life it There being no objection, the address Neptune, dedicated to the total underwater nurtures can be one of the most challenging was ordered to be printed in the RECORD, proposition that man can and will explore, and rewarding activities of this decade. It as follows: research, hunt, farm, mine, colonize, and is impossible to exaggerate the importance tour earth's inner space for the increasing that the ocean resources and an under­ THE NEW FRONTIER OF THE OCEAN enrichment of mankind. I was not aware standing of the effects C>f the physical (Address by the Honorable Clare Boothe when I spoke, Mr. President, that you had phenomena associated with the seas holds Luce, at the annual award dinner, the for some time been considering a beginning for our future. Stritch School of Medicine, Loyola Uni­ to just such a vast undertaking. "As you note, we have made a determined versity, Chicago, Ill.) "Surely your proposed $2,300 million plan effort with considerable success in my ad­ Last spring, when your committee ex­ to explore the sea, announced this week, will ministration to stimulate research in tended the flattering invitation to address rank as one of the greatest achievements of oceanography. We have set our sights to the annual Cardinal Stritch Award dinner your administration. I even venture to pre­ comprehend the world ocean, its boundaries, of the Loyola Medical School, though pride dict that 10 years from now, if your Project its properties, its life, and its processes, tempted me to accept with alacrity, prudence Neptune goes energetically forward under a motivated by the very same prospects that counseled otherwise. First, this annual din­ coordinating OCeanographlc Agency of the you describe. ner has increasingly come to be known as one Government, it wm be recognized through­ . "In 1961, when we made our first review of the most distinguished and important out the world as the single most exciting of the Nation's researc~ activities in oceanog- 1963 CONGRESSIONAL RECORD - SENATE 24883 raphy, we. not~ two ~ertous shortages­ licize and 'bring about a. better unde.rst.andin& woFthwhile civic program& which have been trained scientists capable of specialized of Project Neptune. beneficial to the citizens. ot Ule cfty, of.Fargo work in oceanography and research facilities. Yes. our President. hAs put- out. upon the and has given generously at his_time, , energy, Research ships,. computers;,. adequate. ins.tru­ mightiest ocean of all, the. one we, too, shall and talents 1n the promotion of the develop­ ments, and laboratory buildings were badly all explore in time-the ocean of. eternity­ ment of the city of Fargo and at' all times needed. Existing ·i'acilities. were sparse and bounded by the unknown and unknowable has l>een a good, conscientious, a,nd f'riendlyi mostly obsolete_ Furthermore, the lack o:I!. height and breadth and depth of God. But neighbor and good citizens. whose services facilities made it rm.possible to Increase sub­ the oceanS' John Kennedy· has left behind, he a:re deepiy appreciated by his city government stantially the number of students who were has bid us to explore, to exploit,. to conquer and his friends and neighbors m Fargo; Now, studying at any one time. Impressed by for the security of- Amel'.ica and :for the. therefore~be it, these facts, we have. concentrated eur :re­ benefit.. of all mankind. Resolved, That, the city commission of the sources during these :first years on efforts. city of Fargo on behalf of. the citizens. of to Improve the- facilities for research and Fargo does hereby express its deep and heart­ to increase as rapidly as possible the numbe:r RALPH R ~ BORMAN felt appreciation to the Honorable Ralph of oceanographers being educated. We are Borman for hfs dedicated years' of publieo replacing obsolete ships, m.odernizing labo­ Mr. BURDICK. Mr. President, Mr. service and to the city of Fargo as citizen~ ratories and providing, additional support for Ralph R. Borman, one of our Fargo citi­ civic Ieadel' and as ci\rtlfan aid to the Secre­ research programs. zens was· singularly honored this past tary of the Army: and be it further ~·rn J:960, the. Federal Government's ex­ week for his outstanding contribution to Resolved, That this expression of gratitude penditures. for ocea:n.ography: amounted ta and appreciation · to the Honorable Ralph O:tllJ $3.9 million. My budget submitted!. to North Dakota and. the U.S. Army. For the past 4 years he has rendered extraor­ Borman be spread upon the. permanent min­ the Oongress for 1964 request& $156 million utes of the Fargo City Commission's proceed­ for oceanographic. re·sea.i:ch and facilities. dinary service to the Secretary of the ings and that certified copfes of thfs resolu­ "r am encrosing two reports prepai:ed by Army as civilian aid. In recognition of tion be presented to the Honorable Ralph the Interagency, Committee on Oceanography, his, contributions, he received the out­ Borman, his family, and also be forwarded the Government group responsible- for plan­ standing Ctvilia:n Service Medal by the to the Secretary of Defense., the Secretazy of ning our activities in this field. One de­ of of the Army and to Members of the North Da­ scribes om plans. :C.or 1964 and. the; other out­ Department the Army, and the- city Fargo, N. Dak., adopted a resolution com­ kota Congre.ssional delegat1o:n. in Washing.ton. lines the 10-year program for oceanography D.C. which prompted the news report that you mending Mr. Borman f·or his role iD saw. Ineidentally and perb.a.ps inevitably furtherance of our national defense and Second by· Oakey. th.ese reports lack the sparkle and enthu­ more particularly the promotion and. On the vote being, taken on the question o:t siasm that punctuates your paper. As you the adoption of the resolution Commissioners strengthening of the Army. Markey, Mc.Cannel, Oakey, Lashltowitz, and wiU see,, the program fs alrea:dy substan­ Mr. President, ask unanimous eon­ tial and the- 10-yea:r· plan cans fol' continued r Hagen all! voted "aye." growth whfch should gli:e the United ·states sent to have the citation and the :resolu­ No commissioner being absent and none, the preeminent poation you desire. tion printed at this point in the RECORD. voting nay the vice presidemt. declared the "You. call attention to the modest scale There being no objection, the citation resolution to , have been duly passed and of. o,ur effort m deep diving vehicles.. This and resolution were ordered to be printed adopted. may indeed l>e an area that should be en­ in the RECORD .. as-follows: HERSCHEL. LASHKOW'IT21; hanced. OUr dfsl'leartening effort to locate Mayor and- President,. B-Oard o/ City the lost submarine, Thresher, shows' how in­ DEPARTMENT OF THE ARMY: RALPH R. BORMAN Commissioners. adequate isi our ability to, explore the very Is AWARDED THE OUTSTANDING C'.IVILii\N great, depths. Stimulated by the Thresher SERVICE MEDAL tfflg:edy the Navy 1s currently d.everopim:g Citation: For outstanding service as civil­ A FUTURE FOR SMALL :BUSINESS a , 1teseareh program whoee- purpose· Will be to ian aid to the Secretary o:r the Army for the achieve a. major improvement, in our abiMty State of North Dakota during the perfod Mr~ PROUTY. Mr. President., is. the to work in the deep sea. · .August, 17. 1959, to Augus.t l'Z,. 1963.. H1a American way of life irrevocably chang­ "I share also your concern over the fact guidance, s.upport·, and participation in an ing? li ask my colleagues to reflect on that the tremendouS' challenge and Impor­ Ol'ganized program to welcome home- return­ the status of small business.., tance of' these aetivitfes fs not generally ap._ ing Reservists called. up during th.e Berlin We are a. nation of· many :peeple. We precia:ted. This. stems fn large part, I believe, crisis and. smooth their return to civilian. :from the :fact; that the research necessarily pursuits were instrumental in the success of' are the leader of the free. wol"ld. We are consist& of a very large numbeJ!' of inter­ this program in his State. He consistently young and virile~ But~ we are great to­ related activities of which no single one fires supported Army manpower programs. to in­ day not sqlely because of owr machines-­ the imagination. I am eonsidering adopting clude the Anny's posiition on ROTC. He our technology-the sheer. weight, of our your descrlptlve phrase~ ''Project Neptune:• personally, made public speeche& on 'the numbers. We are great 'because of lit,tl~ wthoh would serve to focus attention on the Arruy'& behalf,, participated. in seminars, and men,, individuals who had the courage scope mnd· signiffcanre of tltese activities. secured hmy speakers fol' influential audi­ and wisdom to confront, the future and · Possibly too, r wm have the opportunity to ences.. His. conspicuous service over a 4,-year say, "I will shape your course-." incorporate a message on oceanography into period has been of great value to the De­ one of the: talks I plan oo make before partment of' the Army. The early giants. of industry. govern­ scientific groups during the, fall. CYRUS VANC~, ment and the arts were not the pi:oduet. - "Thank you very much. for your encour­ Se.cretary of the· Army,. oi well oiled, well heeled corporations. aging letter and please let me have any They were the products o'.f. themselves. further thoughts th!!,t may occur to you on Whereas the Honorable Ralph Borman has. of individuality, of. singleness of effort. the prob!em of' creating a public awareness served as civilian aide to, the SeCTetary of They rose to greatness because they were or these reseaxcb oppoirtuni ties. the Army for the State of North Dakota. for once given the chance to be small. Ford. "'Sincerely many years last past and in this capacity Edison,-carnegie--these were small busi­ u JoHN KENNEDY." Mr. Borman has worked closely with the nessmen, yes, small businessmen who be­ Ladies and gentlemen,. Pl:esident. Kennedy Armed Forces and the city of Fargo in fur­ did not ti v.e to find the hoped for occasion to therance of· our national defense and more came big businessmen in a, future much draw Amerlca:'s attention. to Project Neptune. particularly the promotion and strengthening of their own design. Where would this I think he woUld be happy toni,ght. to know or our Army; and · Nation be today if that old-fashioned that the Cardinal Stritch Medical School ha& Whereas the Hon.orab!e Ralph Borman has kind of individuality had been forced given his briliiant ide.as this posthumous. been instrumental in the development o:t the out of business by some superior :force? platform of your hearts and minds. tJ .S. Army's program in this area, and par­ The world of Ford and Edison and ticularly in th& city oi Fargo as is attested' to I must add one further footnote to the Carnegie is no more~ America is fully history of President Kennedy's profound in­ by the s.uc.cessful recruiting campaigns. and terest in his oceanographic program. On by the development of a number of milltary, industrialized, but the. need of inventive September 26, 1963. with the President's ap­ buildings, more particularly the U'.S. Army spirit lives on.. If these men were alive proval, a 'team of. six. Government oceanog­ Recruiting Center and the U.S. Army Reserve today could they conquer high taxation,. raphers', including Dr. J'ame5 H. Wakelin~ Training Center and other instaHatfons and mergers, and capital shortage? Assistant Secretary o!' the Navy for Research their successful: undertaking ancf comple.tion Small business is in a predicament. and Development, and Dr .. Edward Wenk, Jr.• were in large a result of the leaderahi!p, pers.e­ Retailers. service industries, and small assistant to the PresidenVs science adviser~ verance and hard work of. the Honorable manufacturers all face tremendous odds Dr. Jerome. Wiesner, came to New York to Ralph Borman; and dine with my; husband and me, and a group Whereas the Honora~le Ralph B0l'man bas in starting and operating small busi­ of writers and editors. · Until midnight they participated actively in the community and. nesses. Small business is treated as expounded the President's deep desire !'or city 11:f'e of the city of' Fargo and has at arr dangerous by its larger rivals, risky by America's writers and America's press to pub- times been helpful in the advancement of lending agencies accustomed to the high 24884 CONGRESSIONAL RECORD- SENATE December 1·7 finance operations of established con­ more can a man honestly say that his DECEMBER 17, 1963, ·wRIGHT cerns, and inefficient by sophisticates ac­ future is with himself. That desk among BROTHERS DAY customed to wide variety, high volume, many in the office downtown is replacing high discount management. In fact the old backroom laboratory which Mr. SALTONSTALL. Mr President small business is none of these; it is an spawned the likes of Marconi, Pasteur, "The dream of yesterday is the hope of old and honored form of business full and the Wright brothers. Only a mod­ today and the reality of tomorrow." of the tradition and purposefulness ern-day David could take on our present These words from Dr. Robert Goddard which molded our present leaders in in­ Goliaths and he would have no historical a native son of Massachusetts and th~ dustry and government. Customers and guarantee of success. father of modern day rocketry charac­ clients are not statistics but real persons Let me, for a moment, touch on a note terize man's effort to fly an effort that with individual desires and whims ·to that is not often enough discussed by ~as yielded a menagerie' of dreams, de­ which only small business can be respon­ those concerned with the future of small signs, and devices. Even a $50 000 sive. Product and service quality are business. When small business declines, launching device could not bring 'tri­ personal warranties of the seller. Man­ personal freedom declines. No man is so umph to Samuel _Langley in 1903. A few agement reliability and experience, not free as the man who is his own boss. days later, however, two unknown men dollar volume, is the measure of busi­ There are those who cannot stand the from Dayt?n, Ohio, launched their Flyer strain of self-employment. For them and the mmutes which followed are en­ nesses' responsibility. shrined in our Nation's history. No single item tells all of small busi­ there is profit ·and reward working for somebody else. That is the freedom and Ten years of experimentation and nesses' difficulties. But it can be easily $5,000 in expenses had brought not only demonstrated that small business is flexibility of our system. waging a constant battle for the right to But it is equally as essential to that success, but. also immortality to Wilbur freedom and that ·flexibility that the and Orville Wright. Today we celebrate be small. the 60th anniversary of powered flight by In this battle the almighty dollar is door be left open for those who choose self-employment. When this opportu­ heavier-than-air craft. It is indeed a force for both good and evil. It takes fitting that the day be known as Wright money to make money. When you are nity is foreclosed a piece of the American Brothers Day. big, you have money or access to it. dream vanishes. Bigness in business, bigness is labor, We are all familiar with the event 60 When you are small, you neither have it years ago in North Carolina. Many of nor ready access to it. The big get bigger and bigness in Government are byprod­ ucts of our growing country. War and us, however, do not realize the extensive a.nd the small get squeezed. The finan­ experimentation which enabled these two cial disparity of size ca.n be that simply the threat of war have created new tech­ nological demands on Government and men to succeed where countless others stated. had failed. To us the principles appear Under the Small Business Act, some business. Each has grown to meet the challenge. And, as business grows, labor e~ementary and the equipment rather businesses otherwise unable to raise s~mple. Both, however, were revolu­ funds have been aided through direct grows. So, we must not view bigness itself as a mortal enemy. But we cannot tionary for that time. For example, or participation loans by the Small Busi­ through thousands of wind tunnel ex­ ness Administration. The total dollar condone bigness to the exclusion of indi­ viduality-bigness to the exclusion of per~ments with various wing shapes, the volume of these loans rises daily. For ~right brothers developed entirely new fiscal 1963 the SBA made 6,073 business smallness. Government, business, and labor have air pressure tables. They discovered loans totaling $314 million. that by moving various aircraft surfaces A business with no credit record or a the obligation to come to the aid of small business. Small business is not a in flight they could control balance ele­ definitive history of profitable operation vat~on, and steering. As a result'. the may not obtain SBA money. New busi­ helpless dependent of affluent parents. It is a forefather of our present great­ Wright brothers devised a hinged rud­ nesses with high potential but little der and ailerons and they linked mov­ financial background have difficulty ob­ ness. If it is left to wither by disinter­ ested heirs, the arteries of national com­ able parts together. This "linkage" taining needed funds. Present programs system, the basis of control of all air­ should be reviewed to determine if the merce will harden, springs of industrial creation will run dry, and the body poli­ craft today, is considered to be one of Small Business Administration can be t~e m~st significant inventions in avia­ put in a position to assume greater risks. tic may be forced to socialize small busi­ ness to keep vital machinery running. tion history. In addition, the Wright Eugene P. Foley, Administrator of the brothers developed a special lightweight Small Business Administration, is cog­ We cannot and must not acknowledge the demise of small business as a natural motor and a new kind of propellor which nizant of this problem and has indicated proved to be 66 percent more efficient. that he will review the loan risk policy consequence of the new nuclear world. Smal~ business is the bedrock of private The attention to detail and the years of of the Administration. experimentation were fundamental to Meanwhile, as the total dollar volume enterprise. It is capitalism's shield against creeping socialism. We must the triumph which we commemorate on of small business loans increases, small Wright Brothers Day. business growth is otherwise thwarted. not let it down. On January 15, 1963, I introduced Sen­ . The pioneering spirit, the determina­ Its participation in military prime con­ t10n, and the ability exemplified by the tract awards has fallen off severely. The ate Resolution 30, a resolution designed to give the.Senate Small Business Com­ Wright brothers are the essence of hu­ small business share of such awards de­ man progress. They were neither in­ clined more than $320 million between mittee legislative status and continuity. Small business needs a champion here hibited by the predictions of failure from fiscal 1962 and fiscal 1963. So, while t~ose who had not tried, nor were they $313,900,000 was being pumped into small

24890 CONGRESSIONAL RECORD - SENATE December 17 changing the exemption granted to · voted once on the proposal and defeated operation of the Kerr-Mills medical as­ others. For in this single exemption, the amendment inadvisedly inserted by sistance to the aged program. which I feel is as meritorious as others the Senate Armed Services Committee, This subcommittee report, it may be written into the law, or as others which and no Senator has advanced any rea­ recalled, cited seven basic defects of the have been incorporated ·in the Executive son why it should be changed, and since Kerr-Mills medical assistance to the aged order, an express provision is written in it is desirable to have more Senators program. The American Medical Asso­ to provide that it shall not take effect present, I suggest the absence of a quo­ ciation editorial, which has the mislead­ in the case of a national emergency. rum, and shall ask for the yeas and ing title "Kerr-Mills a Success," attempts Mr. President, this strikes me as com­ nays. a point-by-point rebuttal of these seven pletely inequitable and unjustifiable. In The PRESIDING OFFICER. The major points of criticism. my judgment H.R. 2664, as passed by th~ clerk will call the roll. In the interests of accuracy, I wish to House, is a fitting tribute to the fathers The Chief Clerk proceeded to call the make a point-by-point analysis of this who made the supreme sacrifice to their roll. so-called rebuttal. country. Mr. MANSFIELD. Mr. President, I The first major defect cited by our sub­ I hope that the amendment will not ask unanimous consent that the order committee report stated that after 3 prevail, and that the language of the for the quorum call be rescinded. years, Kerr-Mills was still not a national House bill will be accepted. The PRESIDING OFFICER. Without program nor was there any reason to ex­ The PRESIDING OFFICER (Mr. YAR­ objection, it is so ordered. pect that it would become one in the fore­ BOROUGH in the chair). The question is UNANIMOUS-CONSENT AGREEMENT seeable future. on agreeing to the second committee Mr. MANSFIELD. Mr. President, I The American Medical Association amendment. ask unanimous consent that at the con­ "rebuttal" to this statement was to hail Mr. MORSE. Mr. President, I sug­ clusion of morning business tomorrow as "a conspicuous accomplishment" the gest the absence of a quorum. there be a half hour on the pending fact that after 3 years operation of the The PRESIDING OFFICER. The measure, 15 minutes under the control of Kerr-Mills Act, there are still more than clerk will call the roll. the distinguished Senator from New 7 ½ million elderly Americans living in The legislative clerk proceeded to call York [Mr. KEATING] and 15 minutes un­ States where Kerr-Mills still is not avail­ the roll. der the control of the distinguished Sen­ able at all, to say nothing of the millions Mr. MORSE. Mr. President, I ask ator from Washington [Mr. JACKSON]. of elderly people living in States where unanimous consent that further pro­ The PRESIDING OFFICER. Is there Kerr-Mills is in effect who are disquali­ ceedings under the quorum call may be objection? Without objection, it is so fied by the rigid and unrealistic eligibil­ dispensed with. ordered. ity tests. The PRESIDING OFFICER. Without The unanimous-consent agreement, as It is interesting to note further that objection, it is so ordered. later reduced to writing, is as follows: the American Medical Association in its The question is on agreeing to the sec­ UNANIMOUS-CONSENT AGREEMENT most optimistic estimate, sees a maxi­ ond committee amendment. 40 54 Ordered, That, effective on Wednesday, De­ mum of jurisdictions out of utiliz­ The amendment was rejected. cember 18, 1963, at the conclusion of routine ing the medical assistance to the aged Mr. MORSE. Mr. President, I sug­ morning business, during the further consid­ program by some time next year. gest the absence of a quorum. eration of the bill (H.R. 2664) to amend sec­ Even the American Medical Associa­ The PRESIDING OFFICER. The tion 6(0) of the Universal M111tary Training tion apparently dares not predict the clerk will call the roll. and Service Act to provide an exemption from date in the distant future when older The Chief Clerk proceeded to call the induction for the sole surviving son of a Americans in all 50 States will have avail­ family whose father died as a result of mili­ roll. tary service, further debate on all amend­ able to them the inadequate protection Mr. MORSE. Mr. President, I ask ments, motions, or appeals, and the bill of Kerr-Mills medical assistance to the unanimous consent that the order for shall be limited to 30 minutes, to be equally aged program. the quorum call be rescinded. divided and controlled by the Senator from Thus our criticism that Kerr-Mills The PRESIDING OFFICER. Without Washington [Mr. JACKSON] and the Senator medical-assistance-to-the-aged program objection, it is so ordered. from New York [Mr. KEATING]: Provided, is not now a national program nor is it Mr. MORSE. Mr. President, I move That no amendment that is not germane to likely to become one in the f oreseea):)le that the vote by which the last amend­ the provisions of the said bill shall be re­ future remains quite valid despite the ment was rejected be reconsidered. ceived. fulminations of the American Medical Mr. KEATING. Mr. President, will Association editorialists. the Senator yield? ORDER FOR ADJOURNMENT TO Secondly, the American Medical As­ Mr. MORSE. I yield. sociation editorialists in a frantic bit of Mr. KEATING. I shall not oppose TOMORROW figure finagling blandly assert that since that motion under the circumstances, Mr. MANSFIELD. Mr. President, l an estimated 440,000 persons a year are and shall not move to table it, because ask unanimous consent that when the receiving some help from Kerr-Mills I understand there is difficulty bringing Senate adjourns today, it adjourn to that the program is fulfilling the con­ to the Chamber certain Senators who meet at 12 o'clock noon tomorrow. gressional intent. favor the amendment. I would not want The PRESIDING OFFICER. Without I would like to contrast this dubious to take undue advantage of them. objection, it is so ordered. 440,000 estimate concentrated in 29 Mr. MORSE. The Senator never does. States with the more than 17 million He is always gracious and cooperative. older people who would be eligible for Mr. KEA TING. May I ask what the THE AMERICAN MEDICAL ASSOCIA­ assistance under the King-Anderson so­ intention is following the reconsidera­ TION AND THE OPERATION OF THE cial security approach throughout the tion? I am still oppos~d to the amend­ United States. ment. Will the debate on the subject .KERR-MILLS MEDICAL PROGRAM In this connection, the American Med­ continue at this time? Mr. McNAMARA. Mr. President, the ical Association editorial erroneously as­ Mr. MORSE. I yield to the majority political witch doctors of the American serts that our report overlooks and ig­ leader. Medical Association have made another nores the old-age assistance program, Mr. MANSFIELD. Yes; and we shall typically deceptive "contribution" to the the medical assistance Phase of which try to get a vote on it. public debate over medical care for the has been in effect since 1950 and was The PRESIDING OFFICER. The elderly. · modified in part by the Kerr-Mills Act question is on the motion to reconsider In the pages of the current edition of of 1960. the vote by which the second committee their house organ, the American Medical Admittedly, the emphasis of the re­ amendment was rejected. Association News, the "medicrats" of the port was on the medical assistance-to­ The motion to reconsider was agreed American Medical Association hierarchy the-aged program, because the purpose to. have attempted to refute the well-docu­ of this study was to evaluate this new Mr. KEATING. Mr. President, I am mented conclusions of the recent report program. However, the report does ex­ just as much opposed to this amend­ of the Health Subcommittee of the Sen­ plore the relationship between the two ment as ever. Inasmuch as the Senate ate Special Committee on Aging· on the programs with particular emphasis · on 1.963" CONGRESSIONAL RECORD-· SENATE 24891 the shifting of persons from the old-age medically indigent persons. Instead, never to show films of cattle slaughter assistance program to the medical- they attack the committee report for not in India, since such activities are con­ assistance-to-the-aged program· to take recommending a change in the program. trary to the Hindu religion. Whether it advantage of more generous Federal The final and ·most outrageous asser- is equally right to delete all pictures or matching fund formulas. · tion in the AMA News editorial is con- references to rabbis or the Jewish reli- But for the American Medical Asso- tained in these words: gion on any films shown in the Arab ciation to blithely assert, as it does, A basic conclusion of the (subcommittee} world is an entirely different question that "the 2.2 million elderly who are en- report, that low usage of medical assistance which deserves most serious considera­ titled to old-age assistance medical care, to the aged means inadequacy of medical tion and review· to insure that a distort­ do not need the medical-assistance-to- assistance to the aged is a fallacy; low ed and discriminatory picture of Ameri­ the aged program" is to ignore the facts. usage, by any reasonable interpretation, can life and customs is not projected suggests that the vast majority of the If this were the case, why have nearly elderly do not need aid or are receiving it abroad. I am asking for a full written 100,000 old-age-assistance recipients through other programs. report ·on this incident and on general been transferred to the medical-assist- USIA policies in this field. ance-to-the-aged program by the various Thus, the American Medical Associa- Let me point out, however, that USIA States? tion, in the final analysis-and in the does not censor articles, films. or news- Third, the American Medical Associa- face of overwhelming statistical evidence casts to make them more palatable to tion concedes that Kerr-Mills benefits to the contrary from every conceivable other nations. In fact, I am informed vary widely from State to State, as reliable source-falls back upon the that in the civil rights march on Wash­ Pointed out in our report, but then in- shopworn, discredited argument that ington stories, views were shown of Prot­ sists that ''this can hardly be called a further action on medical care for the estant ministers, Catholic priests, and defect. The States ha-ve differing needs elderly is not necessary. Jewish rabbis marching together. All and economies and they have other aid To me, this confirms the judgment three religious groups were referred to programs." that the blind qpposition of the American by name in a broadcast that went to all Carrying this American Medical Assa- Medical Association "medicrats" to med- the world, including Arab countries. ciation argument to a conclusion, one ical care for the elderly under social Mr. President, the entire world has could assume that the more than 20 security has separated them from read in the last few weeks of the un- States which have not implemented reality. ______fortunate incident in Great Britain Kerr-Mills either have no need or their where Lord Mancroft resigned from the economies cannot afford the burden of U.S. INFORMATION AGENCY board of an insurance company in order . matching funds. While the latter may POLICIES not to offend Arab sensibilities or lose well be true in some instances, to assume business for the firm. This action was that the 7½ million elderly people in the Mr. KEATING. Mr. ·President, I rightly pilloried throughout Britain and States without Kerr-Mills medical as- should like to call to the attention of the the British Government has clearly in­ sistance to the aging have no need for Senate, an article _appearing on page 50 dicated that it will support British firms the program is absurd. of the New York ':('1mes by ~urray Schu- to the hilt in their oppasition to religious Fourth, the American Medical Asso-. mach. The article ~escribes a doc~- and racial discrimination of the type ciation apologists concede the accuracy mentary film on Pr~s~dent J?h~on, his : preached by the Arab League. of our report's statistics on administra- b~ck?round and pollcies, which is to _be Mr. President, how much more impor­ tive costs, that they go as high as 59 distributed around the ~orld ~ acquaint ant it is for the Government of the percent and average 6.9 percent. But the ~ople of other ~ations with the new United States to lean over backward to they insist that administrative costs are President of the Umte~ states. Let me present a fair and unbiased picture of always high in a new program. quote ~rom a part of this Story: U.S. life and not to take actions What they fail to point out, as stressed The film had to be cut to fit the time limit, of any sort which could be inter- in our report, is that administrative costs and on one point the USIA exercised censor- preted as yielding to the pressure of dis- for a social security financed program ship.To indicate the harmonious relationship of crimination overseas. · would amount to only 3 percent. or less different faiths in the United states, there Mr. JAVITS. Mr. President, I, too, than half the medical-assistance-to-the- was a shot of Roman catholic, Protestant, have looked into the question which my aged average. and Jewish clergymen. The rabbi was or- distinguished colleague from New York Fifth, the American Medical Associa- dered deleted because of possible Arab objec- has mentioned, dealing with tbe alleged tion resorts to figure juggling in an tions. censoring of a motion picture by USIA, attempt to justify the grossly dispropor- Mr. President this kind of· censorship in eliminating what was thought might tionate distribution of Kerr-Mills medi- · would be abool~tely repugnant to the antagonize Arab nations if it were shown cal-assistance-to-the-aged funds. Con- people of the United states. Kowtow- - in those nations. ceding that t?,e five. States got 88 per- ing to Arab prejudice in an official public I ~m pleased to learn that the USIA cent of medical-assistance-to-the-aged document to be circulated around the assures us that there is nothing to the funds through 1962,-the American Medi- / world would be an incredible act of ap- story. I am glad there is not. I am very cal Association tricksters as~ert that peasement. Designed to indicate the proud of the USIA. I hope very much it these five urban StaU:s con~m alID:ost harmonious relationships of different will be keenly sensitive to this question, 60 percent of the aged m medical-assist- faiths, it would instead be an advertise- as it has shown in the past that it has a ance-to-the-aged States. ment to the world of religious prejudice capacity for discernment and respect for Now this is -a typical example of Ameri- and discrimination. questions of this character as they affect can Medical Association deception and Mr. President, I have checked this our own institutions, which are so very distortion, because the honest compari- matter with the U.S. Information clear upon that subject. son here is not with the States that have Agency. I am informed that the story adopted medical-assistance-to-the-aged is not accurate. I am informed that programs but with the entire Naticm. there was consideration of opening the RELATIONS WITH ARAB STATES Under this equation, the five States re- film on President Johnson with a se­ Mr. JAVITS. Mr. President, the news­ ceiving 88 percent of Kerr-Mills mo:r:ieys, quence showing a -priest,. a minister, and - papers recently have raised the general have only 32 percent of the Nation's a rabbi in their respective places of wor­ question of our relationships with the older citizens. . ship, but that for a number of reasons Arab States. On the sixth point-the frustration of this opening was discarded and a wholly Recently there appeared a front page congressional intent through the trans- different approach used in which neither article in the New York World-Telegram fer of nearly 100,000 persons. from old- priest, minister, nor rabbi appear. on the question of the effectiveness of the age assistance to medical-assi~tance-to- I am informed, however, that USIA Arab boycott of firms which are alleged­ the-aged programs-the American Med- has certain general policies with regard ly doing business with Israel. Approxi- ical Association .editorial studiously to scenes which they feel would offend mately 84 firms were mentioned. I ask ignores the fact that the intent of Con- the viewing audience in different coun­ unanimous consent that the article may gress in approving the Kerr-Mills law was tries. For instance, they give as an il­ be printed in the RECORD at this point in to extend assistance to a new type of lustration the fact that care is taken my remarks. 24892 CONGRESSIONAL RECORD - SENATE December 17. There being no objection, the article Loopholes have developed in the operation, Thirteen American vessels a.re boycotted. which is directed by a central Arab Boycott was ordered to be printed in the RECORD, Five others have been removed from the Office in Damascus, Syria. The office, a non­ blacklist. as follows: governmental agency, is responsible to the EIGHTY-FOUR AMERICAN FIRMS BLACKLISTED Economic Council of the Arab League. Its LIST OF U.S. FIRMS BOYCOTTED BY ARABS BY ARABS BUT ISRAEL Is NOT HURT BY aim is to undermine Israel's potential by BOYCOTT ruining its economy. The boycotts generally Here is the list of American enterprises offi­ cially boycotted by one or more of the Arab Eighty-four American enterprises, includ­ take the form of barring the products of States: ing some of the country's leading corpora­ blacklisted companies and forbidding them Adams Carbide Corp. tions have been boycotted by one or more to set up plants in Arab nations. Air Electric Corp. Several American firms said when inter­ Arab States for trading with Israel, a World­ American Biltrite Rubber Co. Telegram survey showed today. viewed that while they still are, or had been, American Latex Products Co. (California). But the boycotts are not doing the Arabs boycotted by one or more of the Arab States, American Levant Machinery Corp., Con- any good. they have gone right on doing business with struction Aggregates, Chicago. And two dozen world-famous entertain­ other Arab lands which apparently blink at American Palestine Trading Corp. ers--Harry Belafonte, Helen Hayes, Eartha the restrictions. William Bernstein Co. Kitt, Frank Sinatra, - and Elizabeth Taylor Breaches also have developed from within Bulova Watch Co. and its parent, Bulova among them-also are on the blacklist. the boycott wall. Recent reports from Jeru­ Foundation. The survey, to determine the extent of salem indicated that Lebanon was growing Cal. Amer., Inc. Arab boycott pressures on America, was cool to the boycott. Jerusalem said eco­ Chemical Construction Corp. prompted by England's Lord Mancroft affair. nomic sources in Beirut contended the op­ Clinto Institute, Los Angeles. FORCED TO RESIGN eration was hurting Lebanon and other Arab Clinton Co., Los Angeles. States more than it was damaging Israel. Lord Mancroft, a Jew and former Minister Continental Import & Export Corp. Without Portfolio in Harold Macmillan's gov- RENAULT CHANGED PLAN Dawes Laboratories, Inc. ernment, was forced to resign from the board Renault Automobile Co. of France, which Dayton Rubber Co. of the $750 mJl)Jon Norwich Union Insurance yielded in 1959 and bowed out of a plan to Dow Chemical Co. Societies because of Arab pressure. deliver parts for assembly in Haifa, has had Elco Corp. Norwich Union relented under sharp blasts second thoughts and decided to manufacture Elliott Import Corp. from the British Government and public, and in Israel. Eliot Knitwear Corp. invited Lord Mancroft back to his position Der Spiegel, the German publication, re­ Emerson Radio & Phonograph Co. on the board. The 49-year-old peer, a World ported several weeks ago that a United Arab Empire Brushes, Inc. War II hero and director of enterprises which Republic proposal to let Renault build a Fairbanks Morse & Co. have wide business connections in Israel, plant in Alexandria, Egypt, never came off. Fairbanks Whitney. refused to rejoin the board. Two other The concession went instead to the Italian Firestone International. directors of the firm quit last week. Fiat concern. General Shoe Corp. Among American companies officially boy- In addition, Renault's bowing out of Israel General Tire & Rubber Co. cotted by one or more of the Arab states apparently angered so many Americans that George Ehart Co. are the Bulova Watch Co., Dow Chemical Co., in 1960 the company sold 60,000 fewer cars Glazier Corp. Fairbanks Morse & Co., Firestone Interna- here than in 1959, Der Spiegel said. The Garcia & Dias, Inc. (maritime firm). tionaJ, General Tire and Rubber Co., the coo- United States is Renault's biggest foreign Hassenfeld Bros. Pencils Co. metics firms of Helena Rubinstein and Helene market. Helena Rubenstein, Inc. Curtis, International Business Machines, The boycott suffered another blow last Helene Curtis International. World Trade Corp., Kaiser Industries, Mack , Wednesday when Republic Steel Corp., third Herman Hollander, Inc. Truck Co., Pratt and Whitney co., Revlo largest steel manufacturer in the United Home Insurance Co. Inc., and Studebaker-Packard Corp. States, entered into partnership with the Hudson Pulp & Paper Co. United Saran Plastic Corp., Ltd., an Israel Imperial Chemical Co. u.s. FIRMS REBEL company, to m~ke metal products. Import From Israel Co. (New York). The World-Telegram survey further The American Express Co. which had sus- International Business Machines World revealed: pended operations in Israel, has resumed Trade Corp. American firms, in almost every instance, work in the country, and Brown & Wil­ International Latex Co. angrily refused to knuckle under to threats liamson, an American-British tobacco com­ Israel Coin Distributor Corp. of loss of Arab business if they continued pany, has resumed sales there. Israel Philatelic Agency in America, Inc. trading with Israel. The American Machine & Foundry Corp. Jacques Torczyner & Co. The boycott has turned out to be more of New York rejected an Arab demand that Kaiser Industries (automobiles only). bluff than reality. The Arab States' world­ it decline to service the atomic reactor the Eli Lilly International Corp. wide blacklisting operation has failed to company had helped Israel build. Yet AMF The Lock Joint Pipe Co. weaken Israel's economy to any appreciable was removed from the Arab boycott list after M. Lowenstein & Son, Inc. degree. being on it for 14 months. Mack Truck Co. Many American and European companies Howard James, head of Scherr-Tumico, Herbert Marmoreck & Son Co. which at first bowed to Arab demands have Minneapolis optical firm, sent a bristling Merck, Sharp & Dohme. reversed their policies and have publicly reply to the boycott office's effort to dissuade Merritt-Chapman & Scott Corp. announced they would disregard the boycott. him from setting up a plant in Israel. Miles Laboratories. The economic effect on American indus­ Washington has taken an active role in Minkus Publications, Inc. (New York). tries, businesses and maritime and enter­ many cases-including that of the AMF­ Mitenberg & Samton, Inc. tainment interests which held firm against in persuading companies not to give in to ' Moller Dee Textile Corp. boycott threats has been virtually nil. boycott threats. National Plastics Co. When Conrad Hilton, for example, received The boycott even reached such a silly stage P . E. C. Diamond Corp. an Arab pitch against going ahead with plans that firms whose wares bear the Star of David Philco. for his Tel Aviv Hilton, he told the Boycott as a trademark-although many companies Philipp Bros. Office sharply to mind its own business--that with no Jewish connections use such a trade­ Pilot Radio Corp. Israel did not protest when he erected the mark-were blacklisted. The Plough Sale Corp. Nile Hilton in Oairo. The Jordan Government last spring lifted Pratt & Whitney Co. (Conn.). Principal holdouts against the trend to- . the ban on importing a specific brand of Ragosin Industries & Beaunit Mills, Inc. ward defying the boycott are major oil com­ Swiss watches on the assurance that the Revlon, Inc. panies highly active in Arab lands and ship­ makers would stop using the Star of David Re-Search Inc. ping interests whose operations to a · 1arge in their trademark. Rothley, Inc. Schering Corp. extent are with Arab countries. ENTERTAINER BLACKLIST That the boycott is more bluff than reality Shell Chemical Co. will be confirmed within a few weeks in an As for famous Hollywood stars: The la.ta Sinclair & Valentine, Inc. Marilyn Monroe was blacklisted; Jordan Sol Manufacturing Co. (Jamaica, N .Y.). official documentation by the Anti-Defama­ banned all records of Belafonte; the Arab tion League of B'nai B'rith, which keeps Sonneborn Associates Petroleum Corp. close tabs on blacklisting of American com­ League shut out all Sinatra movies and rec­ 0. L. Sonneborn & Sons. panies by members of the Arab League. · ords. Fred Stern Co., New York City. Other entertainers officially boycotted are Studeba.k~r-Packard Corp. ISRAEL UN AFFECTED Eddie Cantor, Sammy Davis, Jr., Eddie Fisher, Tarco Pharmaceutical Co. The ADL's Bulletin will state: "Despite Juliette Greco, Jascha Heifetz, Danny Ka.ye, Tel-Aviv Importing Corp. threats, blacklists, propaganda and even sub­ Jerry Lewis, Yehudi Menuhin, Arthur Miller, Topps Chewing Gum. terfuge, it (the boycott) has failed to weaken Sal Mineo, Edward 0. Robinson, Esther Wil­ Union Bagca.mp Paper Co. Israel's economy." liams, and Joanne Woodward. United States Near East Laboratories. 1963 CONGRESSIONAL RECORD - SENATE 24893 United States Wall Board Machinery Co. The company, given the choice of Arab business with Israel. It is a subject with Vintage Wines, Inc. blacklisting or Lord Mancroft's resignation, which I have lived for a long time. It Vulcan-Hart Corp. chose to have him resign. Part of the settle­ deeply affects our country and its policy. Wassersteln Bros. ment he got from the company is going Wllly_s-Overland Corp. toward the building of a new synagogue in Not only have we been subjected to this Winthrop Products, Inc. Norwich. kind of indignity through American Maurice Orbach, secretary of the Trades firms which happen to have Jews either Mr. JAVITS. Mr. President, I ask Advisory Council, which seeks to combat dis­ in their ownership or management; we unanimous consent to have printed at crimination in business, said today that the are now subjected to it by firms that do this point in the RECORD an article en­ embargo threat was "accepted here to an un­ business with Israel, a country with titled "Israel Holds Arab Boycott Has warranted degree.'' which we enjoy most friendly relations. Failed in Object of Enlisting World's One reason for this, he contended, is that We have experienced it in the effort of Aid," published in this morning's New companies are not getting sufficient guidance and help from the British Government. The many Arab countries even to bar admis­ York Times. council wants the Government to issue a di­ sion to Americans of Jewish faith who There being no objection, the article rective against the boycott. serve in our Armed Forces and are as­ was ordered to be printed in the RECORD, Yesterday, according to reports from Am­ signed to military bases. That is true as follows: man, 49 additional British companies were in connection with the Dhahran Air ISRAEL HOLDS ARAB BOYCOTT HAS FAILED IN put on the Arab blacklist. Of these, 25 were Base. OBJECT OF ENLISTING WORLD'S Am associated with Charles Clore, a British fin­ ancier whose sympathies for Israel are well It raises the whole question of what ( By W. Granger Blair, Jr.) known. Last year he donated $1 million ought to be the U.S. posture with respect JERUSALEM (Israel sector), December 14.­ to the Weizmann Institute of Science in to the continuing determination of the The Arab League boycott of Israel as an over­ Israel. Arab leadershiP--mainly given voice by all strategy has been a failure, although it The Amman announcement brings to more President Nasser, of the United Arab Re­ has had some tactical successes, in the opin­ than 100 the number of British companies public, that the state of· war with Israel ion of Israel officials. on the blacklist. In addition, 33 officers and shall continue; that war shall be made The object of the boycott, it ls held here, dire