20256 CONGRESSIONAL RECORD- SENATE July 9, 1968 plies that if the United States is to score mittee should waste no time in putting him color of their skins. Prof. Edwards would heavily in the Olympics it had better rely on over a barrel. It should demand that all have it otherwise. He would take out his own white athletes. athletes eligible for the final trials declare rabid resentments on his country at the ex­ Edwards professes to have a number of their intentions at once. If they want to join pense of impressionable young men, who options in pulling the rug out from under a boycott, they should be eliminated without would be denied their hour of triumph. the United States. One is to wait until com­ delay. There are many other fine athletes, pletion of the final trials Sept. 17 to pull out white and black, who wm be glad of the athletes willing to take his orders. Another honor of being placed on the team and who is to call the boycott of the black contin­ will do their best. THE "PUEBLO": HOW LONG, gent after it has been chosen for the team The question raised is whether Negro and reaches Mexico City, where the games athletes are Americans first of all and racial MR. PRESIDENT? are to be held in October. A third is to in­ militants only secondarily. Good sense should struct the athletes to compete but to refrain suggest to them that Edwards is a false from trying. Another is to let them do their prophet who is leading them down the gar­ HON. WILLIAM J. SCHERLE best but refuse to take the victory stand for den path with his chatter that they have OF IOWA been "exploited." their medals and to request that the national IN THE HOUSE OF REPRESENTATIVES anthem not be played. Discrimination does not exist in sport. Very obviously Edwards has an intense Distinction in the Olympics is a sure certif­ Monday, July 8, 1968 dislike for the country of which he is a na­ icate for glory and the prospect of a bright tive and would like to do his best to humil­ future career. In both amateur and profes­ Mr. SCHERLE. Mr. Speaker, this is iate and degrade it. If he thinks he has the sional sport Negro athletes are stars whose the 168th day the U.S.S. Pueblo and her Olympic committee over a barrel, the com- exploits are admired without regard to the crew have been in North Korean hands.

SENATE-Tuesday, July 9, 1968 The Senate met at 12 noon, and was Government Operations be authorized to Mr. MANSFIELD. Mr. President, I ask called to order by the President pro meet during the session of the Senate unanimous consent that the nominations tempore. today. be considered en bloc. The Chaplain, Rev. Frederick Brown The PRESIDENT pro tempore. With­ The PRESIDENT pro tempore. With­ Harris, D.D., offered the following out objection, it is so ordered. out objection, the nominations are con­ prayer: sidered and confirmed en bloc. Mr. MANSFIELD. Mr. President, I ask Our fathers' God, and ours, in all the OBJECTION TO SUBCOMMITTEE whelming waters of tribulation which unanimous consent that the President be MEETINGS immediately notified of the confirmS~tion this day flood the earth, Thou art for Mr. MANSFIELD. Mr. President, I of these nominations. us as a shelter from the storm, a covert The PRESIDENT pro tempore. With­ from the wind, and the shadow of a great ask unanimous consent that the Sub­ rock in a weary land. committee on Juvenile Delinquency of out objection, it is so ordered. We would bring to this, our daily altar the Committee on the Judiciary be au­ of prayer, our inner selves, cluttered and thorized to meet during the session of confused where the good and the evil, the Senate today. LEGISLATIVE SESSION the petty and the great, the wheat and Mr. KUCHEL. Mr. President, objec­ Mr. MANSFIELD. Mr. President, I the tares, are so entwined. tion has been lodged with the minori­ move that the Senate resume the con­ Grant us for the living of these days ty. I object. sideration of legislative business. Thy enabling grace, that in our public The PRESIDENT pro tempore. Objec­ The motion was agreed to, and the service and in all our contacts with our tion is heard. Senate resumed the consideration of fellow pilgrims, and in all we say to peo­ Mr. MANSFIELD. Mr. President, I ask legislative business. ple and about them, this and every day unanimous consent that the Subcommit­ we may live more nearly as we pray. In tee on Improvements in Judicial Ma­ the spirit of the Master we bring our chinery of the Committee on the Ju­ MISS AMALIA SERESLY petitions. Amen. diciary be authorized to meet during the session of the Senate today. Mr. MANSFIELD. Mr. President, I Mr. KUCHEL. Objection, Mr. ask unanimous consent that the action THE JOURNAL President. taken yesterday on S. 1808 be recon­ Mr. MANSFIELD. Mr. President, I ask The PRESIDENT pro tempore. Ob­ sidered. · unanimous consent that the reading of jection is heard. The PRESIDENT pro tempore. With­ the Journal of the proceedings of Mon­ out objection, it is so ordered. day, July 8, 1968, be dispensed with. Mr. MANSFIELD. Mr. President, I The PRESIDENT pro tempore. With­ ORDER FOR RECOGNITION OF ask the Chair to lay before the Senate out objection, it is so ordered. SENATOR HARRIS a message from the House of Represent­ Mr. MANSFIELD. Mr. President, I ask atives on S. 1808. unanimous consent that the distin­ The PRESIDENT pro tempore laid LIMITATION ON STATEMENTS DUR­ guished Senator from Oklahoma [Mr. before the Senate the amendment of ING TRANSACTION OF ROUTINE HARRIS] be allowed to proceed for 30 min­ the House of Representatives to the MORNING BUSINESS bil'l (S. 1808) for the relief of Miss Ama­ utes when he arrives in the Chamber. lia Seresly, which was, on page 1, lines Mr. MANSFIELD. Mr. President, I ask The PRESIDENT pro tempore. With­ 7 and 8, strike out "no natural parent of unanimous consent that statements in out objection, it it so ordered. the beneficiary, by virtue of such par­ relation to the transaction of routine entage," and insert "the natural parents morning business be limited to 3 minutes. EXECUTIVE SESSION or brothers or sisters of the beneficiary, The PRESIDENT pro tempore. With­ by virtue of such relationship,". out objection, it is so ordered. Mr. MANSFIELD. Mr. President, I ask Mr. MANSFIELD. Mr. President, I unanimous consent that the Senate go move that the Senate concur in the into executive session to consider the SUBCOMMITTEE MEETINGS DURING House amendment, with the following SENATE SESSION nominations on the Executive Calendar. amendment: The PRESIDENT pro tempore. With­ Strike the word "the" where it ftrst ap­ Mr. MANSFIELD. Mr. President, I out objecrtion, it is so ordered. pears in the amendment and insert the ask unanimous consent that the Per­ word "no" in lieu thereof. manent Subcommittee on Investigations The PRESIDENT pro tempore. The of the Committee on Government Oper­ FARM CREDIT BOARD question is on agreeing to the motion of ations and the Subcommittee on Execu­ The bill clerk proceeded to read the the Senator from Montana. tive Reorganization of the Committee on nominations to the Farm Credit Board. The motion was agreed to. July 9, 1968 CONGRESSIONAL RECORD- SENATE 20257 HOUSE BILL REFERRED H.R.15794. An act to provide for U.S. By Mr. CARLSON: standards and a national inspection system S. 3744. A b1ll for the relief of Dr. and The bill

HOUSE BILLS REFERRED S. 3748-INTRODUCTION OF BILL RE­ The following bills were severally read EXECUTIVE REPORT OF A LATING TO AUTHORIZATION FOR twice by their titles and referred, as COMMITTEE FEASIDILITY INVESTIGATION OF indicated: As in executive session, THE CORN CREEK UNIT, WYO­ H.R.16361. An act to provide additional The following favorable report of a MING revenue for the District of Columbia, and nomination was submitted: Mr. HANSEN. Mr. President, I inrtro­ for other purposes; to the Committee on the By Mr. LONG of Louisiana, from the Com­ District of Columbia. duce a bill to authorize the Secretary of mittee on Finance: the Interior to engage in a feasibility in­ H.R. 17872. An act to amend the National James H. McCrocklin, of Texas, to be School Lunch Act, as amended, to provide vestigation of the Corn Creek Unit, Wyo­ Under Secretary of Health, Education, and ming. funds and authorities to the Department of Welfare. Agriculture for the purpose of providing The PRESIDENT pro tempore. The free or reduced-price meals to needy chil­ bill will be received and appropriately dren not now being reached; to the Com­ mittee on Agriculture and Forestry. BILLS AND JOINT RESOLUTION referred. H.R.18188. An act making appropriations INTRODUCED The bill (S. 3748) to authorize the Sec­ for the Department of Transportation for Bills and a joint resolution were intro­ retary of the Interior to engage in feasi­ the fiscal year ending June 30, 1969, and for duced, read the first time, and by unani­ bility investigations of certain water re­ other purposes; to the Committee on source developments, introduced by Mr. Appropriations. mous consent, the second time, and re­ HANSEN, was received, read twice by its ferred as follows: title, and referred to the Committee on By Mr. KUCHEL: Interior and Insular Affairs. REPORT OF COMMI'ITEES S. 3742. A bill for the relief of Severino Manni; to the Committee on the Judiciary. Mr. HANSEN. Mr. President, earlier The following report of a committee By Mr. HILL: this year the Bureau of Reclamation re­ was submitted: S. 3743. A bill to amend the Randolph­ ported by letter to me that impediments By Mr. JORDAN of North Carolina, from Sheppard vending stand for the blind so as over water rights for the project had the Committee on Agriculture and Forestry, · to make certain improvements therein; to been cleared away and that the Bureau with amendments: the Comm.lttee on Labor and Public Welfare. would itve every consideration to includ- 20258 CONGRESSIONAL RECORD- SENATE July 9, 1968 ing the Corn Creek unit in a list of proj­ tailed studies are justified to firm up the role because our citizens-as tourists, ects which they intended to submit to plan and fully evaluate the economic justi­ businessmen, and students-travel the fication for the development. Congress for feasibility study authoriza­ Justification: The primary problem of this world. But the symbol and backbone of tion. agricultural area is the uncertainty of pre­ our Nation's continuing contact with I ask unanimous consent that a letter cipitation. The precipitation pattern is other nations is our diplomatic corps. from the Bureau of Reclamation to me on cyclical with frequent occurrence of drought Those persons who want to serve their February 12, 1968 be inserted in the that results in depletion of the livestock­ country i:p. a career of foreign service RECORD at this point. carrying capacities of the ranges .. The nature should receive as much assistance as we of the watersheds and insufficient storage can give them. We currently have the There being no objection, the letter capacities of existing reservoirs too often was ordered to be printed in the RECORD, result in low water yield for irrigation. For Foreign Service Institute in the Depart­ as follows: example, the three existing irrigation dis­ ment of State. It provides a type of in­ U.S. DEPARTMENT OF THE INTERIOR, tricts have combined facilities for storing service training for foreign service of­ BUREAU OF RECLAMATION, 25,265 acre-feet of water from Horse Creek ficers. But many people feel that is not Washington, D.C., February 12, 1968. and Bean Creek. This storage provided an enough-that preemployment, broad­ Hon. CLIFFFORD P. HANSEN, estimated average of 0.56 acre-feet of water based education leading to a degree is U.S. Senate, Washington, D.C. per acre at the farm headgates over the the sort of program that is needed to pro­ critical 1952-1962 period. The accompanying DEAR SENATOR HANSEN: In your letter Of reduction in agricultural income has had an duce people who are truly educated in February 2, 1968, you indicated it was your adverse effect upon the farmer and land­ foreign affairs, and fully qualified to rep­ understanding that our Regional Solicitor owner. The nearby town of Torrington and resent our country in the foreign serv­ had issued an opinion regarding the water other small towns are almost entirely de­ ice. rights for the Corn Creek Unit, which we pendent upon the prosperity of agriculture. This academy, to be located in the heretofore have referred to as the Grayrocks Local interest: This investigation is Washington area, would serve as a great Unit. strongly supported by the local people and Your understanding of the situation is center for the study and practice of the the State of Wyoming. The local interests skills needed so desperately to effectively correct. The Regional Solicitor at Denver, have formed the Corn Creek Reservoir Asso­ Col<;>rado, recently indicated that from a legal ciation which is actively supporting the proj­ represent our country abroad. It would standpoint, it would be possible to establish a ect. Members of the association consist of take in college graduates from all over water right for the Corn Creek Unit. With representatives of the three private irrigation the country, at the normal time of their that opinion at hand, the next step will be districts in the Corn Creek area and Goshen entry into the Foreign Service, then train to obtain congressional authority for the Irrigation District and new landowners. them intensively in such subjects as feasib111ty study of the unit. We expect that Petitions have been obtained which show American diplomatic history, State De­ legislation will be introduced in the Con­ that 90 percent of the owners of presently partment organization and policies, and gress during the current session to authorize irrigated lrand and 94 percent of the owners feasib111ty studies of several potential Recla­ of the new land area are highly in favor of most importantly, in area and language mation projects. We can assure you we intend proceeding with the feasibility study. Filings studies. to give every consideration to including the have been made with the State Engineer for It seems to me that this is a need which Corn Creek Unit in that list of projects. storage water rights in Corn Creek Reservoir. can be met in no other way. As great as Sincerely yours, Remarks: The plan presented in the 1965 our university system is, it cannot pro­ N. B. BENNETr, Jr., reconnaissance report was based on using vide for the intensive instruotion which is Acting Commissioner. surplus waters of the Laramie River and water savings from lining of the Fort Lara­ required. Here we will take those stu­ Mr. HANSEN. Within the past week the mie Canal of the North Platte Project. The dents, the cream of our country's crop, committee staff of the Senate Interior Regional Solicitor, by letter dated December who are the most highly motivated to Committee has secured from the Bureau 11, 1968, advised that the plan is pe·rmissible enter the foreign service, and teach them of Reclamation a statement describing of accomplishment from a legal standpoint in an institution of the highest academic the Corn Creek unit, its status, and the but only with the full concurrence of all who rank. For this the students will agree to need for feasibility study authorization. presently have an interest in the use of the serve at least 3 years in the Foreign Serv­ North Platte Project water supply, including I ask unanimous consent that this state­ the Warren Act contractors. This would be so ice, an obligation parallel to that of our ment from the Bureau of Reclamation be time consuming as to be impractical. Alter­ military academies. Even if many of printed in the RECORD at this point. native courses are (1) Glendo inundated these students should leave the Foreign There being no objection, the state­ water rights, (2) some 11,000 acre-feet of Service at that time, they will continue ment was ordered to be printed in the uncommitted storage in Glendo Reservoir, to enrich our national program through RECORD, as follows: and (3) unappropriated flows of the North their positions in educational institutions Platte River. Consideration is being given and international trade. MISSOURI RIVER BASIN PROJECT, OREGON TRAIL to using Glendo inundated water rights in DIVISION, CORN CREEK UNIT, WYOMING Platte County and the feasibility studies of It will cost a relatively modest sum of (FORMERLY GRAYROCKS UNIT) the Corn Creek Unit would be concentrated money to establish such a Foreign Serv­ Location: In south-central Goshen County on the latter two alternatives-Glendo ice Academy, and the returns should far in eastern Wyoming. storage a.nd North Platte River flows. outweigh any such costs. I, for one, feel Profect data: (Grayrocks u:rut Reconnais­ that enduring friendships are built on sance Report, April 1965) understanding; that to have representa­ Total construction cost ______$17,838,000 S. 3749-INTRODUCTION ·oF BILL tives abroad who can freely and effec­ Adjustments ------1 73, 000 RELATING TO ESTABLISHMENT tively communicate and transmit our Total allocation______17,911,000 OF U.S. FOREIGN SERVICE ACAD­ goals and ideals will help shift our basis EMY Allocations: of security from military force and eco­ Irrigation-full {11,000 acres)_ 17,911,000 Mr. YARBOROUGH. Mr. President, I nomic interdependence alone to the true Irrigation-supplemental {9,505 introduce, for appropriate reference, a mutual security of a communion of inter­ acres) ------bill to provide for the establishment of ests, ideals, and principles. a U.S. Foreign Service Academy. Mr. President, I have introduced sim­ Total ------17,911,000 The PRESIDENT pro tempore. The ilar bills in other sessions of Congress. I Benefit-cost ratio: 1.17 to 1.0. bill will be received and appropriately now again introduce a bill to provide for 1 Future year capacity provisions $48,000 referred. the establishment of a Foreign Service and transitional development $25,000. The bill (S. 3749) to provide for the Academy, realizing that it is too late in Description: The principal features of this establishment of a U.S. Foreign Service this session for such a bill to be passed; unit would be the Corn Creek Dam and Academy, introduced by Mr. YARBOR­ but I hope that, by starting early in the Reservoir, diversion dam and a system of ouGH, was received, read twice by its title, next session, this ideal which I share with pumping plants, canals, and laterals. The and referred to the Committee on For­ many others-similar bills have been in­ unit would provide a full water supply for eign Relations. troduced in past sessions by other Mem­ 11,000 acres of land and supplemental water Mr. YARBOROUGH. The relations be­ bers of the Senate and the House of Rep­ for 9,505 acres now being irrigated but re­ ceiving an entirely inadequate supply. The tween our country and other nations are resentatives-will ultimately be realized plan also involves rehabilitation of some affected by economic and military poli­ through the establishment of a U.S. For­ existing fac111ties. cies and activities. But in the last analy­ eign Service Academy. Status: A reconnaissance report was com­ sis, we must base our hope for favorable I ask unanimous consent that the bill pleted in April 1965 which indicated that, relations on personal trust and good will. be printed in the RECORD at the conclu­ while the unit was somewhat marginal, de- Our entire Nation can and must play a sion of my remarks. July 9, 1968 CONGRESSIONAL RECORD- SENATE 20259 The PRESIDENT pro tempore. With­ proclaim February 1967 and February The House of Representatives, however, out objection, the bill will be printed in 1968 American History Month. Senator struck the continuing authority of the reso­ the RECORD. CooPER had prepared the joint resolution lution. For this reason, I again introduce a resolution designating February of every The bill United States Senate tory basis, and at the lowest possible AL OF INJUNCTION OF SECRECY clearly showed its support for negotia­ cost-to parties to the treaty that are tions toward a non-proliferation treaty. required to give up the right to have Mr. BYRD of West Virginia. Mr. Pres- Ninety-nine Senators declared them­ ident as in executive session, I ask their own nuclear explosives. selves in favor of the Pastore resolution By 1985 the world's peaceful nuclear unanimous consent that the injunction (Senate Resolution 179). It commended of 5ec['ecy be removed from Executive serious and urgent e:fforts to negotiate power stations will probably be turning H 90th Congress, second session, the out enough by-product plutonium for the international agreements limiting the production of tens of nuclear bombs Theaty on the Nonproliferation of Nu­ spread of nuclear weapons. It sup­ clear Weapons, transmitted to the Sen­ ported additional e:fforts by the Presi­ every day. This capability must not be ate today by the President of the United deillt which were appropriate and allowed to result in the further spread States, and that the treaty, together with of nuclear weapons. The consequences necessary for the solution of nuclear would be nuclear anarchy, and the energy the President's message, be referred to proliferation problems. the Committee on Foreign Relations and The treaty I am submitting to you designed to light the world could plunge ordered to be printed, and that the Pres­ today is the product of these e:fforts by it into darkness. ident's message be printed in the RECORD. the legislative and executive branches. But the treaty has a significance that The PRESIDING OFFICER. Without r.ts provisions are described in detail in goes beyond its furtherance of these im­ objection, it is so ordered. the accompanying report of the Secre­ portant aspects of U.S. nuclear policy. The message from the President is as tary of State. In the great tradition of the Nuclear follows: Test Ban Treaty, it represents another Its central purpose is to prevent the step on the journey toward world peace. To the Senate of the United States: spread of nuclear weapon,s. Its basic I believe that its very achievement, as I am transmitting herewith, for the undertaking was deliberately patterned well as it provisions, enhances the pros­ advice and consent of the Senate to rati­ after United States atomic energy legis­ pects of progress toward disarmament. fication, the Treaty on the Non-Prolifer­ lrution, which forbids transfers of our On Monday July l-as this treaty was ation of Nuclear Weapons. nuclear weapons to others. The treaty not only makes such a prohibition bind­ signed on behalf of the United States­ This treaty was opened for signature ! announced that agreement had been on July 1, 1968 in Washington, London ing on all nuclear powers; it reinforces reached with the Soviet Union to enter and Moscow. Ninety-five members of the the prohibition by barring non-nuclear into discussions in the nearest future on United Nations had voted to commend countries from receiving them from any the limitation and reduction of both it, and to request that it be opened .for source, from manufacturing or otherwise offensive nuclear weapons systems, and signature and ratification at the earliest acquiring them, and from c~eking or re­ systems of defense against ballistic mis­ possible date. ceiving any assistance in their manufac­ ture. siles. Thus there is hope that this treaty On July 1 it was signed in Washington will mark the beginning of a new phase by the United States of America, the The treaty, however, does more than United Kingdom of Great Britain and just prohibit the spread of nuclear in the quest for order and moderation in Northern Ireland, the Union of Soviet weapons. It would also promote the fur­ international a:ffairs. Socialist Republics and 53 other states. ther development of nuclear energy for I urgently recommend that the Senate Many others have indicated their inten­ peaceful purposes under safeguards. move swiftly to enhance our security and tion to sign it promptly. This is the goal of the International that of the entire world by giving its con­ I consider this treaty to be the most Atomic Energy Agency (!AEA) , which sent to the ratification of this treaty. important international agreement lim­ resulted. from President Eisenhower's LYNDON B. JOHNSON. iting nuclear arms since the nuclear age "Atoms for Peace plan. The IAEA is THE WHITE HOUSE, July 9, 1968. 20262 CONGRESSIONAL RECORD- SENATE July 9, 1968 Mr. BYRD of West Virginia. Mr. He says in his, preface: "I dashed off the The Wyandots were not dissuaded from President, I suggest the absence of a first rough draft of the manuscript at our their resolve to kill Duncan. They had to Muskingum County farm home near Chan­ learn how and when he crossed the river. quorum. dlersville in early May of 1917, just before re­ One day while they were chasing a deer, The PRESIDING OFFICER. The clerk porting to Fort Benjamin Harrison for the they saw their quarry cross the Muskingum will call the roll. first Officers' Training Camp." by leaping from rock to rock. The Wyandots The bill clerk proceeded to call the The ·unfinished manuscript collected dust guessed that Duncan used the same method. roll. until 1958. Then, while striving to recover They sent their bravest warriors "nightly Mr. LAUSCHE. Mr. President, I ask from the sudden death of his wife, Huffman now to lie in ambush.'' unanimous consent that the order for started to polish the verse written in his One midnight, during a thunderstorm, the the quorum call be rescinded. youth. warriors in ambush saw Duncan vaUlting The PRESIDING OFFICER (Mr. For his meter he adopted the trochaic from rock to rock with a pole across the tetrameter used by Longfellow in "Hiawatha." Muskingum. BYRD of West Virginia in the chair). When the legend lacked drama and romance, Without objection it is so ordered. "Thus he reached the central chasm Huffman used poetic license to embelish it Deep, so deep the pole was worthless with imaginary episodes. As it was his wont to use it, THE LEGEND OF DUNCAN FALLS There is nothing imaginary about a man Which to him was no dilemma; named Duncan trading with the Indians at Horizontally he placed it Mr. LAUSCHE. Mr. President, I am the mouth of Salt Creek before the valley And with acrobatic sureness, privileged to receive a copy of a book by was settled. The old records refer to four Not unlike a circus artist. pioneers by that name at the falls. Huffman Moved he confident and steady.'' the Honorable James W. Huffman, a for­ believes that the trader, David Duncan, is mer Member of the Senate, in which he the subject of the legend. Lightning fiashed. Frightful peals of thun- in poetry fascinatingly recounts "The He tells that before white settlers came to der shook the earth. Duncan, balanced on Legend of Duncan Falls," on Ohio's his­ Ohio: his pole, shuddered as many bullets struck toric Muskingum River. Appropriate and him and he fell into the river. "Duncan, fearless, canny Duncan, meaningful illustrations throughout the By descent a Highland Scotsman. "'Duncan Falls' a savage shouted book sketched by Senator Huffman's From the tidelands of Virginia As the din reverberated. artist son, James W. Huffman, Jr., en­ Entered the Muskingum Valley 'Duncan falls!' the hills reechoed hance its 65 pages. The book is replete Famed afar for scenic beauty, In funeral notes expiring." with inspirational and moving descrip­ Fondly termed by thrilled explorers His body fioated to Deadman's Riftle. Some tions of life on the Muskingum River Hudson of the western country." friendly Delawares found it and returned in the early history of Ohio. At the mouth of Salt Creek on the eastern it to Oldtown for burial. I cherish this beautifully written book bank of the Muskingum Duncan found a "Thus persists the epic legend not only for the unique style in which it Delaware Indian village called Oldtown. He Of a quiet peaceful valley is written, but also because its author is asked Chief White Eyes for permission to trap In the Commonwealth, Ohio, a close friend of many years standing and hunt near the village. Woven from its oral fragments and the legend took place in an area of, White Eyes welcomed Duncan. But he On the loom of time, enchanted, warned the trader a-gainst the "skulking Warp of fact and woof of fiction.'' in my opinion, one of Ohio's most beauti­ Wyandots", in these words: ful rivers, the Muskingum, which is The volumes by Dr. James Ball Naylor of formed by the confluence of the Tusca­ "Though we always treat them kindly. Malta, who inspired Huffman, are now listed rawas and the Walhonding Rivers at And return them good for evil, in rare book catalogs. It is a good guess that Coshocton, thence flowing southward and They are never to be trusted. Huffman's "The Legend of Duncan Falls" They wm slay and scalp intruders. will become a collector's item. emptying into the Ohio River at Mari­ And they need no provocation: etta. While I was Governor of Ohio in Do not tempt their cruel natures." Mr. LAUSCHE. Mr. President, that is 1945, I appointed James Huffman to fill At first Duncan heeded the warning. He the story of Duncan Falls, which is so a vacancy in the U.S. Senate caused by carried on his trading business with the beautifully described in this book by the resignation of the late Harold F. friendly Delawares at Oldtown. former Senator Huffman. Burton. Mr. Norris F. Schneider, a writer for "With a merchantlike devotion. And assistance from the chieftains, the Zanesville Times Recorder, reviewed Duncan was anon the trader. S. 3745-INTRODUCTION OF A BILL­ "The Legend of Duncan Falls" in the When the season was propitious. YOUTH PARTICIPATION ACT OF Sunday, June 23, edition of that news­ With the Delawares he bartered, 1968 paper. I ask unanimous consent that ex­ Sold them knives and pots and blankets, cerpts from Mr. Schneider's review be Calico and beads and trinkets.'• The PRESIDING OFFICER. Under the previous order, the distinguished printed at this point in the RECORD. He seldom crossed to the western bank of There being no objection, the excerpts the Muskingum. But he grew more careless. junior Senator from Oklahoma [Mr. were ordered to be printed in the RECORD, He made trips to "a ridge of fiint deposits." HARRIS] is recognized for not to exceed as follows: And he "hunted, fished and trapped in new­ 30 minutes. [From the Zanesville (Ohio) Times Recorder, found freedom" on the west side. Mr. HARRIS. Mr. President, I intro­ June 23, 1968] The Wyandots watched him. They "sprang duce today, for appropriate reference, his deadfalls, stole his traps and robbed h1s "LEGEND OF DUNCAN FALLS" Is TOLD IN for myself and 13 additional cosponsors, caches." BOOK OF POETRY-WRITTEN BY JAMES the Youth Participation Act of 1968, a He W. HUFFMAN That interference angered Duncan. bill to provide opportunities for Ameri­ killed some of the Wyandots. "One who fell (By Norris F. Schneider) was heir apparent.'' can youth to serve in policymaking posi­ Huffman was born in a log cabin in Rich tions and to participate in National, Hill Township, Muskingum County. Law, "Then the warriors took the warpath. State, and local programs of social and politics and insurance have been his major Bent on massacre and mayhem. economic benefit to the country. The bi­ activities. Of the baleful one-man army. partisan group of Senators cosponsoring Among his many activities were football Who was safe across the river. Cloistered in his hermit refuge-- my bill include Senators BROOKE, CAN­ player, teacher and high school principal, NON, HART, HATFIELD, INOUYE, McGEE, World War I lieutenant, Alaskan prospector, Known alone to trusted White Eyes." lawyer, executive secretary to Vic Donahay, MONDALE, MOSS, PELL, RANDOLPH, RIBI­ White Eyes warned Duncan that his life COFF, TYDINGS, and YARBOROUGH. I now trustee of Ohio State University and since was in danger. The chief advised Duncan 1958 president of Motorists Mutual Insurance to leave the valley. But the stubborn Scots­ send the bill to the desk and ask that Company of Columbus. man resolved to fight it out with the Wyan­ it be appropriately referred. Poetry, however, was no sudden and re­ dots. The PRESIDING OFFICER (Mr. cent interest. He believes that his interest When the Wyandots asked White Eyes LAUSCHE in the chair). The bill will be began with the McGuffey Readers. He is received and appropriately referred. sure that he was inspired by Dr. James Ball about Duncan, that friendly chief hinted Naylor of Malta, who wrote many volumes that the trader was clothed in magic gar­ The bill (S. 3745) to provide oppor­ of verse. ments. tunities for American youth to serve in The Huffman farm was only ten miles in­ "Duncan, in his disappearance. policymaking positions and to partici­ land from Duncan Falls on the Muskingum. Is he man, or is he phantom? pate in National, State, and local pro­ Young Jim heard the legend as he grew up. Is it true that arrows will not grams of social and economic benefit to He read the version recorded in Howe's "His­ Penetrate his leather garments, the country, introduced by Mr. HARRIS, tory of Ohio." But fall harmless from Ws armor?'• was received, read twice by its title, and July 9, 1968 CONGRESSIONAL RECORD- SENATE 20263 referred to the Committee on Labor and in the armed services, increased amaz­ society by technological and economic Public Welfare. ingly from 19 to 31 percent. advances which have eliminated work Mr. HARRIS. Mr. President, this bill Advancing technology, demands for for most young people, yet require them represents the thinking of many people. greater achievements in education, and to remain in school for longer and It has been quite some time in prepara­ the transformation of our society from longer periods of time; second, that tion. It is, of course, being introduced a rural to urban culture, have created a rapid social and economic changes in too late during this session to be passed, nearly unique and terribly difficult set of recent years have created a greater dis­ but I wanted to insure that it can be problems for our young people. tance between older and younger Ameri­ circulated among many people around This is an America often characterized cans than we have ever known before-­ the country who are interested in this by huge, impersonal institutions, where a distance which may grow unless we subject. Their views, opinions, and sug­ it is hard for the young to find their own re-create ways for old and young to talk gestions will be welcomed, as have those identity or to find meaningful values, yet and work with each other in mutual re­ of a great number of people in the coun­ where instantaneous communication of spect; and third, that the idealism, try whose advice I have already sought events has made it impossible for a young energy, and imagination of the Nation's in preparing this legislation. person today to remain unaware of the young are resources we ought to mobilize The bill is not, by any means, a perfect real world and its real problems, or to be fully to attack economic inequality, instrument to carry out the illltent of isolated from an overwhelming array of racial discrimination, and social in­ its cosponsors, but it does represent a new things and new ideas. equity, all of which still burden far too beginning step. We hope to receive as This is an America where children ma­ many Americans. many suggestions and as much advice as ture early, both physically and intelli­ The bill would respond to these prem­ we can about how to achieve our objec­ gently. In the 19th century, the average ises in two ways: First, by establishing tives between now and the opening of age of physical maturity was 17; today a youth-run national voluntary service the coming session of the Senate next it is 12. But because of the increased program; second, by creating National January. At that time, the legislation will level of skills demanded of our young and State youth forums for the discus­ be introduced again, perhaps in a per­ people in order for them to become con­ sion and resolution of issues which con­ fected form, and we will urge that hear­ tributing members of the adult commu­ cern young people. ings be held. nity, they are held out of society longer The bill would establish within the Mr. President, we have always been a and longer today. Thus, the period of Department of Health, Education, and young nation. Both in its ideals and its youth has been lengthened in two direc­ Welfare, a U.S. Office of Youth Partici­ institutions America has always demon­ tions--down the age scale, because young pation, which would administer a new strated a youthful dynamism, flexibility, people are maturing earlier, physically program of grants-in-aid for public and and sensitivity. And the American dre·am and intellectually, and up the age scale, private organizations-especially those has· been a dream most of all for the because they are held out of society for run by youth-to recruit and employ young, promising each new generation of longer period of times. youth up to age 24 as volunteers in a Americans a better life and a fuller This is a highly mobile America where broad variety of public service programs. realization of our ideals of justice and the three-generation family, in close con­ I am particularly concerned here, to equality and human dignity than previ­ tact with each of its members, is increas­ quote from the bill, with "programs ous generations have enjoyed. ingly difficult to hold together. which concern youth generally, pro­ But today a cruel irony threatens this This is an America where many insti­ grams aimed at reducing poverty and dream: Many young Americans are los­ tutions embody the values of older gen­ physical blight, improving health, edu­ ing their faith in a young America. erations and the solutions to the prob­ cation, and welfare, ending racial dis­ No one can help knowing about the lems of an earlier time, where the pace crimination, and achieving equal justice alienation of many of our Nation's of change in our world is terribly rapid, under law for all citizens." young from our society and government and seems to accelerate with each pass­ Provision is made for the Director of over the past few years. Distrust, dis­ ing year. It is the young who most acute­ the Office to coordinate the administra­ couragement, and cynicism have led some ly feel these changes, yet their insights tion of this act with all other federally young people to opt out of the system, are not employed very effectively to run programs involving youth, and to and others to protest and even revolt. change our institutions in ways which establish jointly with other Federal These attitudes and aotions are not sim­ would make them more responsive to the agencies a Government-wide youth vol­ ply youthful irreverence; they are also radically altered conditions of our day. unteer program. Grants-in-aid could the result of radical social and political This is an America where the young, also be made to establish offices and changes which threaten to stratify freed from the necessity to spend all of commissions on youth participation at America, not only into black and white, their time earning a living as older gen­ the State level, which would perform but also into old and young, each mis­ erations had to do, are increasingly turn­ functions similar to those provided in trustful and suspicious of the other. ing their attention to racism, to the this bill. If reaffirmation of the American dream plight of that dwindling proportion of is to defeat division, we must not only our population which still remains in At the core of this section of the bill renew our support of a society under law, poverty, and to the desperate need for establishing the Office of Youth Partici­ but all Americans must also come to peace in our world. pation are certain crucial provisions de­ understand why a chasm separates old At the heart of the dilemma of Ameri­ signed to implement in practical ways from young today, and why that chasm can youth is their very real sense of pow­ the premise that young people be given may widen unless we deliberately and erlessness. Since the young in America as much authority as possible. First, at earnestly seek to re-create a basis for mu­ have little effective means of participat­ least half of the professional employees tual trust and understanding, and estab­ ing in American society, they feel very of the Office would have to be between lish new ways for the young to partici­ keenly their lack of influence on poli­ 16 and 24 when appointed, and the Of­ pate in real and important ways in Amer­ cies and decisions which affect their lives fice would seek to maintain that ican institutions. directly. This generation of Americans. proportion by encouraging turnover in This newest generation of Americans has displayed an intense desire for in­ personnel. Second, to the greatest ex­ is the largest, best educated, and most volvement. tent possible, grants to establish volun­ The legislation which I introduce to­ teer programs would be given mainly to talented group of young people our Na­ youth-run groups, and to groups in tion has ever produced. In 1940, 40 per­ day cannot pretend to solve all of the cent of our population was under age 25; problems I have outlined. I believe, which youth participate in policymaking today the proportion is 47 percent, and though, that it is a first, faltering step in and administration. Third, the Office would give special emphasis to funding by 1972, over half of the American pop­ the right direction. organizations which would use youth vol- ulation will be under age 25. The num­ In its :findings and declaration of pur­ ber of Americans entering college has in­ pose, the Youth Participation Act de­ unteers to plan, administer, and evaluate creased by fully one-third since 1960, only clares, first, that young people today policy in the programs in which they 8 years ago. From 1947 to 1966, the pro­ are maturing earlier than ever before, work; which would assign volunteers to portion of young men, aged 18 and 19, but are increasingly excluded from par­ work closely, where appropriate, with who were neither in the labor force nor ticipation in the institutions of American program beneficiaries; and which would 20264 CONGRESSIONAL RECORD- SENATE July 9, 1968 provide volunteers with experience which plans to incorporate students as perma­ It is my intention in proposing this could lead to careers in the fields to nent members of the college's admission Commission to give it very broad powers which they are assigned. Fourth, funds board, or perhaps to add students to the to air publicly the widest possible vari­ would be available for youth organiza­ board of trustees, or to a faculty cur­ ety of issues which concern youth today. tions receiving assistance to hire expert riculum committee. The idea is to set up a forum, authentic technical advice in carrying out their To take a fifth example, under the and respected, officially sanctioned but volunteer programs. Federal interagency volunteer program youth controlled, through which young In addition, the bill specifies that both the bill would set up, the Department of people can express their views and their the staff of the Office, and the volunteers Housing and Urban Development might concerns, examine public policy, and themselves, would have to be broadly work out a joint volunteer program with put forward concrete alternatives by representative of persons, both men and the Office of Youth Participation, pro­ which the country can move from the women, with varying ethnic background, viding for a youth advisory staff report­ way things are now to the way young educational attainment, residence, and ing directly to the Secretary of Housing people believe they should be. occupation. This program is not to be a and Urban Development, and helping The Commission might consider, for preserve for white, middle-class college him to develop concrete programs for example, holding hearings in different graduates, nor, exclusively, for black increasing the involvement of youth in settings around the country, appropriate ghetto youth. Both groups and a variety volunteer positions throughout the con­ to the issue under consideration. Hear­ of other American young people as well stituent agencies of the Department. ings on student participation in setting would be represented in the Office and In some superficial ways, the volun­ university policy might be held on a col­ in volunteer programs. teer program I propose does re$emble lege campus, for example. A hearing on Some specific examples of how these Volunteers in Service to America and the dilemma of Indian youth, who must volunteer programs might work will show the Peace Corps, both of which are tre­ choose between old tribal ways and as­ how diverse their range could be. A group mendously valuable programs which I similation into a dominant white cul­ of young Indian men and women, under think ought to be expanded. But neither ture of American society, might be held age 25 and living on or off a reservation, these agencies nor any other Federal on a reservation in New Mexico. Hear­ could, for example, organize a nonprofit agency possess the unique features of ings on the problems of ghetto youth tutoring agency, receive funds from the the volunteer programs this bill would could take place in Harlem. Office of Youth Participation, and set up set up. The aim of this bill is not to cre­ In addition to carrying out this rather and run a program using older children ate a categorical aid program to solve a broad mandate, the Commission's spe­ to teach younger ones who are lagging particular, limited problem, such as air cial domain would be to investigate ways in school, and also assign youth volun­ pollution or the housing shortage, but to in which more avenues can be opened teers to work as aides to teachers in local stimulate a process and create a mecha­ up for the meaningful participation of · public schools. Such a group might well nism through which youth could secure young people in American institutions, hire experts from a nearby State univer­ a large measure of control over a broad . especially those which affect most di­ sity to consult on methods and materials, spectrum of volunteer programs, each of rectly the lives of the young. That is but the young people themselves would which could have quite different and why the bill stipulates that the Commis­ have charge of the program, and both specific tangible objectives. sion will consult with the Selective Serv­ they and the community they served I am convinced that the effect of a ice System, the Justice Department, and would know and appreciate that fact. commitment by young people to an en­ the Office of Economic Opportunity, and A local urban renewal agency, to take larged and coordinated action program other agencies. another example, could apply jointly against poverty and discrimination, run by and for young people themselves, will What value could the Youth Partici­ with a ghetto neighborhood youth group pation Act have in reversing the trends for money to develop a plan for adding have tremendous practical effect in help­ ing solve some pressing social and eco­ and forces I have described briefly? This several young people as full voting mem­ to legislation cannot by any means resolve bers to that agency's board of trustees. nomic problems, in alerting both youth and the rest of American society the the complex, fundamental problems of The agency and tl).e youth group might to the alienation of so many of our young also create paid volunteer slots for neigh­ urgency of these problems, and-most of ali-in demonstrating the deep un­ people, but it does, I think, presume that borhood youth to work as apprentice we can analyze and understand the urban planners, who might act as liaison derlying commitment of youth to the promise of America. forces which have produced a cleavage between the agency and local citizens between old and young, and the fre­ organizations in developing plans for Section 4 of the bill would create an Advisory Commission on Youth Par­ quent exclusion of the young from community renewal. Youth aides could American institutions, and that, having also very possibly work in an urban re­ ticipation, to be appointed by the Secre­ newal agency's relocation office, helping tary of Health, Education, and Welfare. rationally thought through these forces, to develop plans to stage the renewal Five of the Commission's nine members we can try to respond to them. I believe process so that as few families as possible would have to be between 18 and 24. very deeply that our Nation's young are displaced, and helping find homes for Members of the Commission would hold people will be challenged to use these those who must move. Just this sort of office for 2 years and, like the staff of opportunities to work for constructive youth participation can help tremen­ the Office, would be both men and social and economic goals which benefit dously, I believe, to humanize programs women and representative of diverse ex­ the entire country. I believe they will which all too often seem impersonal and periences, backgrounds, occupations, respond with an intelligence, discipline bureaucratic to the people they are sup­ and ethnic groups. The Commission and resourcefulness which will amaze posed to serve. would perform three functions: First, it many of us who are older. As a third example, the mayor of a would hold public hearings and conduct I would like to emphasize that the city could apply to the Office of Youth studies on a broad range of issues and bill I offer today is not the only way Participation jointly with a local youth problems which concern young people. of increasing youth participation in organization for funds to set up an ad­ Second, it would advise the Secretary of American society. In drawing up this visory office on youth involvement in a Health, Education, and Welfare re­ legislation, I considered a great many city government. That youth office could garding the administration of the Office other suggestions and ideas for increas­ help the mayor and his administrators of Youth Participation, and also rec­ ing youth involvement through a fed­ create positions throughout the city ommend to him ways of increasing the erally run program. I expect that many government for youth to work, for ex­ involvement of youth in programs ad­ of these same ideas would be brought ample, as community aides with the ministered by HEW. Third, it would es­ out in hearings on the bill, and that it police department or the welfare depart­ pecially consult with certain agencies, could be perfected in many ways. One ment, and to administer a citywide sum­ such as the Selective Service System, alternative idea which has considerable mer youth volunteer program providing the Justice Department, the Office of merit, I believe, would be to set up a education, job training, and employ­ Economic Opportunity, and others Council on Youth Affairs and Participa­ ment opportunities for young people. whose activities directly affect the lives tion, directly under the President, which As a fourth example, a group of col­ of young people, and recommend to could either incorporate or oversee all lege undergraduates might apply either these agencies ways in which they could programs employing or involving youth separately, or jointly with their college become more responsive to the needs throughout the Federal Government. administration, for funds to develop and the views of American youth. Another is to establish in each major July 9, 1968 CONGRESSIONAL RECORD- SENATE 20265 Federal agency an Advisory Office on youth today than for any previous genera­ (B) the development and administra.tion, Youth Participation, reporting directly tion; by such public agencies and nonprofit private to the Secretary of that agency, and (2) together with this extension of the organizations, of programs designed to re­ period during which youth are held out of cruit, select, train, and employ youth up to helping him to develop ways of increasing society, the unprecedented rapidity of recent age twenty-fo.ur as paid and nonpaid volun­ youth involvement throughout all of the technological and social change and the teers in social and economic programs of agency's programs. I would welcome de­ emergence of huge, impersonal institutions benefit to local communities, espec.ially pt"O­ tailed consideration of these and other have helped to produce social cleavages be­ grams which concern youth generally and proposals, and, as I said earlier, sug­ tween older and younger Americans that are programs aimed at reducing poverty and gestions and advice from those who are wider than the distances which separated physical blight, improving health, eduoation, concerned with increasing youth par­ past generations from one another; these and welfare, ending racial discrimination and cleavages may grow unless the Nation de­ achieving equal justice under law for all ticipation and involvement in the in­ liberately creates a forum for a mutually re­ citizens; stitutions of American society. spectful and meaningful exchange of opin­ (C) the development of coherent plans and Beyond urging the adoption of this ions between old and young, and develops programs, by such public agencies and prt­ bill, I would again advocate, right now, viable means by which the young can par­ vate nonprofit organizations, which ensure as others have recently done, that we ticipate more directly in American life and the meaningful participation of youth up to make a national decision to lower the institutions and in decisionmaking processes; age twenty-four in policymaking bodies of voting age to 18'; that we open up the (3) acute problems of economic inequality, governmental and private organizations racial discrimination, and social inequity whicib. administer social and economic pro­ draft system to genuine in:fluence by continue to burden the Nation and to pre­ grams, especially programs which concern young people who are asked to serve in vent it from achieving its full economic po­ youth generally and programs aimed at re­ our Nation's armed services; and that tential, from developing the full human re­ ducing poverty and physical blight, improv­ we in Congress and in the executive sources of all of its citizens, and from fully ing health, education, and welfare, ending branch of government seek other ways realizing its democratic principles; yet, in racial diSCTimination and achieving equal to open up American society to the views the idealism, energy, and imagination of justice under law for all citizens; American youth, the Nation possesses re­ (2) establish jointly with other F'ederal and participation of young people. sources which can be mobilized to help re­ The questions I raise today are im­ agencies administering programs which con­ lieve these problems; these resources are not cern youth g~nerally and programs aimed at portant. Is our Nation going to allow now fully employed because the Nation lacks reducing poverty and physical blight, im­ the further alienation of many of its adequate institutions through which young proving health, educa.tion, and welfare, end­ most talented and committed citizens, or people can channel their potential contribu­ ing racial discrimination, and achieving equal can we further enlist them in e:trorts to tion to the national welfare. justice under law for all citizens, a nationa.l improve the quality and dignity of life (b) Therefore, it is the purpose of this program under which youth up to age in America for all of our people? Is that Act to create a new program, planned and twenty-four shall be recrUited, selected, administered largely by young people them­ tmined, and employed as volunteers in paid half of our Nation which is under 25 selves, which will help to direct the resources and nonpaid positions in such programs. going to remain so often unconsulted of youth to the solution of critical needs of (e) The Director of the Office shall estab­ and uninvolved in the urgent questions the country, and encourage the fuller par­ lish with the heads of Volunteers in Service of where American society is going, and ticipation of youth in American public life, to America, the Peace Corps, the Teacher where it ought to go, or are the young by offering young people opportunities to Corps, the Job Corps, the Neighborhood to be given a larger voice in our Nation's participate in the planning, administration Youth Corps, the President's Council on affairs? Are we to leave underused the and evaluation of programs which benefit Youth Opportunity and other Federal agen­ our society and economy, and by establish­ cies concerned with youth participation, co­ energy and intelligence of our young ing national and State forums for the dis­ operative administrative arrangements which people or can we further enlist young cussion and resolution of problems concern­ insure that such agencies assist in furthering people fully in the fight against poverty ing youth. the objectives of this Act, including the es­ and inequality? OFFICE OF YOUTH PARTICIPATION tablishment of means for the exchange of information about volunteer opportunities I think the answers to these questions SEc. 3 (a) Ther~ is hereby established in are clear. We cannot afford not to take and applicants for volunteer positions. the DeJXlrlment of Health, Education, and (f) In Volunteer programs assisted under full advantage of the resources of youth, Welfare a United States Office of Youth Par­ this Act, the Office shall insure, to the great­ and we cannot afford to permit the chasm ticipation (hereinafter referred to as the "Of­ est extent possible, that such programs- fice"). between old and young to widen any ( 1) are planned and administered by pub­ further. The legislation I propose today (b) The Directo.r of the Office shall be ap­ lic agencies and nonprofit organizations will not by itself achieve these objec­ pointed by the President and shall be com­ which are composed of youth up to age tives, but it can begin to move our Na­ pensated at the rate prescribed for level 5 twenty-four, or which show evidence of sub­ under section 5316 of title 5, United States stantial participation of such youth; tion toward a just and sensible solution Oode. There shall be a Deputy Director of the of the urgent problems of American (2) engage volunteers in ways that permit Office who shall be compensated a.t a rate not and encourage them to assist in the planning, youth. Consideration of it can launch a in excess of the maximum rate for GS-18 c.f administration, and evaluation of policies national discussion of how best to achieve the General Schedule under section 5332 of and programs; title 5. its goals. (3) where appropriate, assign volunteers to Mr. President, I ask unanimous con­ (c) At least half of the employees of the work directly with clients and beneficiaries sent that the text of the Youth Par­ Office, classified in grade G&-7 and above, of programs; pursuant to section 5104 of title 5, United ( 4) provide experience which leads to ca­ ticipation Act be printed in the RECORD States Code, shall be persons between the at the conclusion of my remarks. reers for volunteers in the fields in which ages Oif sixteen and twenty-four at the time they work; and There being no objection, the text of of their appointments to their positions, and the Office shall establish a personnel policy (5) where appropriate, make use of expert the bill was ordered to be printed in technical assistance in planning and admin­ the REcORD, as follows: which encourages the maintenance of this proportion. The Director shall establish a istering such programs. s. 3745 pc.licy which assures that einployees of the (g) Volunteers in any program assisted pursuant to this Act- Be it enacted by the Senate and. House Office are representativ~ of a broad range of of Representatives of the United States Of experience, background, and personal char­ ( 1) shall not be deemed to be Federal em­ America in Congress assembled, That this acteristics, with respect to sex, educational ployees, except as provided by the Secretary Act may be cited as the "Youth Participa­ attainment, residence, occupation, ethnic of Health, Education, and Welfare, after con­ tion Act of 1968". origin, and age within the age limits pa-e­ sultation with the Civil Service Commission; and FINDINGS AND DECLARATION OF PURPOSE scribed in the preceding sentence. (2) shall be compensated, including neces­ SEc. 2. (a) The Congress finds that­ (d) The Office of Youth Participation shall- sary expenses, as determined by the Secre­ (1) American youth today are maturing­ tary of Health, Education, and Welfare, ex­ ( 1) establish and administer a program of physically, and intellectually-at earlier ages cept that in the case of Federal volunteer grants-in-aid public agencies and non­ than ever before; yet technological and oth­ to programs established pursuant to section 3 er advances have eliminated opportunities for profit private O'l'gani2lations which shall be (d) (2) of this Act, the Secretary shall con­ work for an increasing proportion of the made available on application and under terms prescribed by the omce, for- sult with the head of the Federal agency con­ young, whlle requiring them to continue cerned before establlshlng rates of compen­ their education in order to acquire the skllls (A) the establishment of similar Offi.ces of sation and expenses. and knowledge demanded by a sophisticated Youth Particdpation and Commissions on economy; as a consequence, the period dur­ Youth Participation under the supervision of ADVISORY COMMISSION ON YOUTH PARTICIPATION ing which young people must wait to enter governments of the States and the District SEc. 4. (a) The Secretary of Health, Edu­ society as productive members in positions of Columbia, which will perform at the State cation, and Welfare shall appoint an Ad­ of power and responsibility lasts longer for level those functio.ns specified in ~his Act; visory Commission on Youth Participation 20266 CONGRESSIONAL RECORD-. SENATE July 9, 1968 (hereinafter referred to as the "Commis­ lished in the Independent, of Anderson, President Johnson to fill the vacancy wisely. sion") , which shall be composed of nine S.C.; the Macon News; the Atlanta Con­ The President has justified that faith. members, at least five of whom shall be stitution; the Courier-Journal; the Kan­ Justice Abe Fortas is a superb choice for persons between the ages of eighteen and Chief Justice. twenty-four at the time of their appoint­ sas City Times; the Minneapolis Star; He is a devoted civil libertarian, but his ments. The Director of the Office shall be an and the Minneapolis Tribune, commend­ long experience in government--dating from ex officio member of the Commission. ing the President for making an excel­ the New Deal-also has made him aware of (b) The Secretary of Health, Education, lent choice in nominating Associate Jus­ the practicalities of governing. and Welfare shall ·seek recommendations as tice Abe Fortas to be Chief Justice of the ills appointment, incidentally, allows the to the membership of the Commission from United States and Judge Homer Thorn­ President another "first." Mr. Fortas will be youth organizations in schools, colleges and berry to be an Associate Justice of the the first Jewish Chief Justice. universities, and from other youth organi­ U.S. Circuit Judge Homer Thornberry, who zations, and shall appoint members of the Supreme Court of the Urlited States. will take the seat created by Fortas' eleva­ Commission for two-year terms, except that There being no objection, the editorials tion, likewise is a man of sound and proven, the members first appointed may be for a were ordered to be printed in the RECORD, progressive judgment. He w111 be the first greater or lesser period in order to assure as follows: Southerner named to the high court in many that the terms of not more than three mem­ [From the Anderson (S.C.) Independent, years. bers shall expire at the same time. In ap­ June 28, 1968] There is no ques-tion about Chief Justice pointing members of the Commission, the PRESIDENT MAKES AN EXCELLENT CHOICE IN Earl Warren's place in history. He w111 be Secretary shall seek to assure that they are NAMING FORTAS AS CHIEF JUSTICE rated as one of the three or four great Chief representative of a broad range of experience, justices of America. background, and personal characteristics, President Johnson's nomination of Jus­ This has been the era of individual rights with with respect to sex, educational attain­ tice Abe Fortas to be Chief Justice of the in the high court and Chief Justice Warren ment, residence, occupation, ethnic origin, U.S. Supreme Court will meet with wide­ has been a major influence in defining these and age within the age limits prescribed in spread approval. ' rights in three areas: section 4 (a) of this Act. An individual of unquestionable integ- Racial equality, representative gover:r:­ (c) Members of the Commission shall se­ rity, Justice Fortas has long been recog- ment and rights of defendants-Mr. Warrens lect from their number a chairman and nized by the legal fraternity as one of the three Rs. co-chairman, who shall serve in those posi­ most able minds in the profession. The first big breakthrough on racial jus­ tions for one year. A native of Tennessee, the son of an im­ tice came with the 1954 Brown vs. Board of (d) Members of ·the Commission shall be migrant English cabinet maker, Abe Fortas Education, written by the Chief Justice hi~­ compensated, including necessary expenses, has won his way in this world by hard work self, outlawing enforced segregation in tne as determined by the Secretary of Health, and earnes-t application of his talents. schools. Education, and Welfare. The Secretary shall For more than 30 years President John­ From this precedent flowed dozens of other provide the Commission with necessary staff son and Justice Fortas have known each rulings striking down one form of legal s~g­ support. other, and the President's nomination be­ regation after another. If any segregatiOn (e) The Commission shall- speaks the admiration he holds for a truly statute remains on the books anywhere in ( 1) advise the Secretary of Health, Educa­ dedica.ted American. the country, we don't know where it is, but tion, and Welfare with respect to policy Republican voices already have been raised we are sure of its fate: It is unconstitutional. matters concerning the administration of and they promote to fight confirmation in The legal basis for most of these racial this Act and with respect to ways of increas­ the Senate on the very shaky and unsound justice decisions has been the 14th Amend­ ing the involvement of youth in programs ground that a "lame duck" President should ment, guaranteeing equal protection to all administered by the Department of Health, not be allowed to fill an important vacancy citizens. Just last week the court upheld a Education, and Welfare; on the Supreme Court. 102-year-old open housing law under the (2) consult with and advise the heads of If any be needed-and there is no need­ 13th (antislavery) Amendment, on grounds Federal agencies administering programs there is ample ~ecedent. Former President that housing discrimination was a vestige of Eisenhower named justices during his sec­ slavery. which directly affect the lives of young ond or "lame duck" term of office without people, including, but not limited to, the Baker vs. Carr was the leading case in a the Republicans raising opposition. series of cases establishing the one-man, Selective Service System, the Justice Depart­ And one of the great Chief Justice of ment, and the Office of Economic Opportu­ one-vote principle in state legislatures, con­ all, John Marshall of Virginia, was appointed gressional districts and more recently in nity, as to ways of improving such programs by President John Adams when the latter and making them more responsive to the local governments. Among other results, the had only a month left in his term of office. 1962 precedent led to destruction of Geor­ needs and concerns of young people; and Republican opposition to Abe Fortas as (3) hold and publish hearings, and con­ gia's iniquitous county unit system. Chief Justice is so obviously political as to Baker vs. Carr was written by Mr. Justice duct and publish studies, on problems and be self-defeating and we trust that will issues of concern to youth in American so­ Brennan, but as in so many decisions of the be its fate. Warren Court, the Chief Justice was a major ciety, and make recommendations from time Justice Fortas deserves swift confirma­ to time for additional means of incorporat­ influence. tion as C'hief Justice of the U.S. Supreme The third area in which the Warren Court ing young people more fully in meaningful Court. and responsible roles in the American society has been active has been in protecting pro­ and economy. cedural rights of persons accused of crimes. [From the Macon News, June 28, 1968] APPROPRIATIONS AUTHORIZED These range from witnesses before congres­ FORTAS Is THE CHOICE sional comxnittees to persons arres·ted and SEc. 5. For purposes of carrying out this interrogated without the benefit of legal Act, there is hereby authorized to be appro­ Southern Democrats may hold the key to confirmation of U.S. Supreme Court Asso­ counsel. priated not to exceed $5 million for any Each area has raised great storm clouds fiscal year. ciate Justice Abe Fortas' appointment as chief justice as wen as the selection of of controversy. Southerners thundered at Mr. HARRIS. Mr. President, I sug­ Homer Thornberry to sit on the court. A the attack on the "Southern way of life" im­ number of Republicans have signed a peti­ plicit in outlawing racial discrimination. gest the absence of a quorum. Benefactors of the rotton borough system The PRESIDING OFFICER. The clerk tion opposing this action by the President. The contention of opponents is that Mr. were angry at the "intrusion" of the courts will call the roll. Johnson is a lame duck and a lame duck into representation questions. Police officials The bill clerk proceeded to call the roll. president shouldn't make such appoint­ and many others have complained that the Mr. TYDINGS. Mr. President, I ask ments. court was "coddling" criminals by protecting unanimous consent that the order for the This is nonsense. History shows other lame their constitutional rights. quorum call be rescinded. duck presidents have done exactly as Mr. But in each area, the Warren Oourt has The PRESIDING OFFICER. Without Johnson has done. been making the Constitution mean what it objection, it is so ordered. Certainly, the balance of the court is a says, and after long screams, the nation has delicate matter and the choice of a successor learned it can live with the Constitution. to Chief Justice Earl Warren is important. For years, Chief Justice Warren has been NOMINATIONS OF JUSTICE ABE Fortas, a liberal, will no doubt try to keep the object of an impeachm~nt campaign the court on the liberal path. The wisdom sponsored by the John Birch Society. T~e FORTAS TO BE CHIEF JUSTICE Chief Justice perhaps decided he can ret1re OF THE UNITED STATES AND of that may be debated but Mr. Johnson's right to name Fortas to replace Warren can­ now that the Birch Society has given up. JUDGE HOMER THORNBERRY TO not be disputed. He exits in controversy. Some Republicans BE ASSOCIATE JUSTICE OF THE are infuriated that Warren, former Republi­ SUPREME COURT OF THE UNITED can governor of California, appointed to the STATES fFrom the Atlanta Constitution, June 27, bench by Republican President Eisenhower, 1968] will let Democratic President Johnson name Mr. SMATHERS. Mr. President, I ask MR. FoRTAs' LEGACY his successor. But we see no reason why Mr. unanimous consent to have printed in In deciding to resign at this time, Chief Warren should not exercise his judgment in the RECORD the following editorials pub- Justice Earl warren implied his faith in this matter, as he has in so many others. July 9, 1968 CONGRESSIONAL RECORD- SENATE 20267 We salute the Chief Justice at the culmi­ pointments. Rather, it is a defense of his or would they more appropriately be made nation of a long, honorable and valuable right to appoint, even though he is soon to by a new president in 1969? career on the bench. leave office. Were a chief executive to fail to The argument against Thornberry is that exercise that right, he would in effect be he has been the President's political crony (From the Courier-Journal, June 29, 1968] confessing to White House paralysis of his since 1948, when Thornberry was elected to APPOINTMENTS TO COURT IMPOSE DUTY ON remaining months. These are problems Congress in the district represented by Mr. SENATE enough when an incumbent is serving out Johnson before he moved to the Senate. A highly partisan outcry has arisen against his final term without this type of restric­ Against that are Thornberry's experience in President Johnson's two Supreme Court tion. lower courts and his reputation, political and norminations. Some Senate Republicans are Yet that is what the Republlican senators­ judicial, of constructive liberalism on civil threatening a July filibuster to prevent con­ who have protested the appointments are rights,, desegregation and free speech. sideration of the matter. It is disappointing suggesting. The cynic would say that they A similar argument is made against the to find Kentucky's Thruston B. Morton in might have reacted otherwise had the incum­ choice of Fortas, perhaps Mr. Johnson's this group. bent been a Republican. And they are in part closest friend and adviser, with the added The argument that there is not a clear prompted by the hope that the next Presi­ charge that despite his many years in the vacancy on the court until Chief Justice dent will be a Republican. He might be, but practice of law, he had no judicial experi­ Warren has actually vacated his seat appears that is quite irrelevant to the vacancies of ence before becoming associate justice three to be a technicality, which should be quickly June, 1968, on the court. The next President years ago. Fortas has been described as "a settled. The other points being raised have might also be a Democrat, or, for that mat­ great legal mind," which we think has been no real relevance to the two men involved, ter, he might be George Wallace, but let's demonstrated by his persuasive opinions in a Abe Fortas and Homer Thornberry. They are not talk about that. number of Supreme Court decisions. And in fact forms of attack on the President. What is at issue here is the right of any there is an obvious comparison with retiring One of the contentions is that the selection President to fill the vacancies that exist dur­ Chief Justice Warren, whose views Fortas of these two individuals is an example of ing his administration. Perhaps Mr. Johnson generally shares. Warren had no lower court "cronyism." There is no doubt that both are could have talked Ohi.ef Justice Warren into experience before President Eisenhower ap­ long-time personal friends of Lyndon John­ serving until January. But either he did not pointed him chief justice; he was not even a son. One of them happens to be from Texas, try or Warren was set on retirement. He is 77 lawyer. which was represented on the court by Jus­ years old, and no man could criticize him The "lame duck" complaint voiced by tice Tom Clark until his resignation a few from wanting to rest. Richard Nixon and others seems to us almost months ago. The logical extension of the The situation having been created, the defeated by its own reasoning. Such an "crony" argument would forbid a President President could not afford to sit back and appointment, according to Nixon, should be to appoint to the court any man from his do nothing. It would have been an abdica­ made by "a new president with a fresh man­ own state, or any man he knew well. Such tion of his own responsib111ty to lead while date." The implication, is that a mandate a contention would be an absurdity. he is still the leader. for fresh jurisprudence is called for and that the constitutional separation of judicial and HAS THE RESPONSIBILrrY [From the Minneapolls Star, June 28, 1968] executive branches is related to a pres­ The other argument is that a "lame duck" A PAm OF GOOD APPOINTMENTS idential election. President should not be permitted to make Whatever were Earl Warren's reasons for nominations to the court. Mr. Johnson has President Johnson's appointment of Abe resigning now, we believe the court's and chosen not to run for re-election next No­ Fortas to succeed Earl Warren as chief justice the country's interests will be best served by vember, but he will legally hold office untn and Judge Homer Thornberry of a U.S. Court prompt action to fill the vacancy. The Pres­ January. It would not make sense to bar a of Appeals in Texas to the vacant seat was an ident's choices seem suitable; and we think President from federal court appointments astute political move, a typical Johnsonian it would be wrong to delay the decision on during the last six months of his term as a exhibit of personal loyalty, and at the same naming a chief justice until next year. general practice. As Gov. Nelson Rockefeller time a guarantee of the continuity of the notes, "The President under the Constitu­ progressive Warren traditions. tion has the responsib111ty to make these ap­ By obtaining in advance the enthusiastic WHERE ARE THE HANDWRINGERS? pointments." approval of Senate GOP leader Everett Dirk­ The Senate has its own clear responsibiUty sen, LBJ countered carping about "lame Mr. FANNIN. Mr. President, before our under the Constitution, too. Its duty is to duck" appointments. He's not really a "lame unilateral reduction in the bombing rate give sober and serious consideration to the duck," which means a defeated politician of North Vietnam, this Nation was President's nominations to the Supreme serving out an expiring term. LBJ was not defeated. He has the duty "treated" to almost daily accounts of the Court and to endorse or reject them on the damage our bombs were doing to the qualifications of the individuals. All other and moral right to exercise all powers of considerations are irrelevant. office. civilian population there. We saw pic­ Senators who refuse to allow this orderly That both Fortas and Thornberry are old tures of supposedly napalmed children. procedure to take place, through the device personal friends, that the first is Jewish, and North Vietnamese women were depicted of a filibuster, will not just be taking a slap both are Southerners is less important than in their grief at losing loved ones. at the President. They will be demeaning that both are a credit to the bench intel­ Refugee families with their pitifully the Senate, by preventing it from performing lectually, and put the highest priority on in- small set of household stores were seen in a reasonable time one of its most respon­ dividual rights and dignity. _ on the TV screens displaced from their sible duties. Fortas is a tough-minded legal scholar who can be expected to "marshal the court" as wretched huts. The great, grand New did Warren. For all his toughness he is sensi­ York Times managed a special set of [From the Kansas City Times, June 28, 1968] tive to the civil rights and civil Uberties is­ stories by Mr. Harrison Salisbury telling THE PROPRIETY OF FILLING HIGH COURT sues that make up half the court's business. us and all the world what bad folks we VACANCIES Thornberry, who served LBJ's old congres­ were because some of our bombs, though It is fair enough to criticize any Presi­ sional district, was the only southern liberal admittedly aimed at military targets, ex­ dent's nominations to the Supreme court or on the House Rules Committee. As a subse­ ploded too close to civilian areas. to any-other high position. The senatorial quent federal judge he has been strong on obligation of confirmation not only permits desegregation and civil rights. I believe this Nation to be made of such criticism but also raises the possibllity One of Warren's accomplishments as chief individuals who, for the most part, be­ of rejection by the Senate if it so decides. But justice was to minimize internal dispute that lieve in fair play. We, in the main, sub­ it is quite another thing-and a very polit­ can result in 5-to-4 decisions which in turn scribe to the idea that "what's sauce for ical thing, it seems to us-to suggest that can subtly undermine the Supreme Court's the goose is the same for the gander." If a President, when his term in office is aen­ prestige. The Fortas and Thornberry appoint­ the proposition is that it is bad to see nitely limited, should not fill such vacancies. ments are double assurance that "the Fortas court" will continue on the humane course civilians killed at war-and I believe it In this instance, President Johnson's term is-then it must be bad to see civilians is limited by his own choice. He has not been that produced for that august body the most defeated at the polls and thus, in the clas­ powerful court in the world, some of its finest killed whether north or south of the sical sense, is not a lame duck. We won't hours. demilitarized zone. quibble about that, however. The fact is that But that does not seem to be the case Mr. Johnson presumably has another six [From the Minneapolis Tribune, June 28, with some national media. The great months in office and during that period the 1968] American handwringers seem only to business of government must go on, and the A FREsH MANDATE FOR CHIEF JusTICE? look northward. So far as I know, Mr. court must go back into session. Is it proper Two questions are raised by the President's to suggest that the presidency should, in Salisbury has written no report con­ noinination of Abe Fortas as chief justice demning the Vietcong for their delib­ effect, be paralyzed, unable to make decisions of the Supreme Court and Homer Thorn­ on the assumption that in November the berry as associate justice to fill the seat that erate torture and mutilation of South people will deliver a new mandate? would be vacated by Fortas. Are these the Vietnamese civilians. Although we have We think not. And this is by no means right men for the jobs? Should a "lame all seen pictures of the crude rocket intended as a defense of the President's ap- duck" president make such appointments, launchers used to send death into the 20268 CONGRESSIONAL RECORD- SENATE July 9, 1968 crowded civilian sectors of Saigon, I Son Tra, 345 miles northeast of Saigon, had murder," said Dr. Frederick Ong, the police have not observed the great pontificators refused to supply the VietCong with recruits pathologist. of our national media crying in outrage and the guerrlllas had threatened to burn the Who kllled them? Why? town. "I cannot say who killed them or how they that this is wrong. The U.S. Command said 73 civilians and were killed," Ong said. But authorities said These giants of the media may not 15 paramilitary government pacification there were several possible explanations, all be excused upon grounds that such re­ workers were killed and another 103 refugees connected with the violence that has marked ports do not exist. I have a news report wounded in the 30-minute attack. The guer­ the prolonged power struggle among the 700 from Saigon which explicitly details the rilla force numbered at least 75 and per­ mlllion persons of Red China. haps as many as 300, South Vietnamese head­ They said the 16 could have been would be role of the Vietcong in blasting a village, quarters said. killing 88 persons. Mr. President,· 73 of refugees caught while trying, as many do, to them were civilians. Another 103 refugees MANY BURNED ALIVE reach Hong Kong or Macao. They might have Many of the civ1llans were burned alive. been executed for this. were wounded, and a U.S. spokesman They had taken shelter in bunkers under They could have been criminals seized and is quoted as saying this village raid may their homes when the Viet Cong opened up condemned. be "one of the worst atrocities of the with mortars at about midnight, but sheets They could have been ordinary citizens war,'' all because the village supplied of fire spread from hut to hut when the caught up in Red China's blood smeared recruits to the South Vietnamese. guerrillas began throwing in satchel charges. cultural revolution. They could have been I have looked in vain to find the pub­ Other residents of the refugee settlement more of the victims of the factional fights lic outcry from the editorial pages of our of 4,000 fied toward the positions of 14 U.S. reported by travelers. Marines assigned to help guard the town and "It is not likely the Chinese Army or public "concerned" national press because of blocked the Marines' line of fire toward the secUrity bureau would have executed these these atrocities. attackers, one leatherneck said. people and left them where they could float We have seen pictures of bodies spill­ Government headquarters said pacification away. They are much more efficient, much ing out into the South China Sea near workers killed 12 Viet Cong in the battle. neater than that," o_ne investigator said. Hong Kong. Bodies bound and battered Fires touched off by the explosives de­ Only last weekend, from a border post here, and mutilated. Do we have a rash of edi­ stroyed 5 percent of the villag~ of about five witnesses watched Red Chinese troops bury city blocks. what appeared to be 40 victims of firing torials condemning the Red Chinese re­ In a similar attack last December on a gime for such wanton brutality? I have squads. refugee resettlement village, the Viet Cong The 16 bodies from the Pearl had had the found none. killed 114 Montagnard civilians and wound­ hands trussed tightly around the thighs with Where are the handwringers? ed 47 with fiame throwers and machine guns the rope looped around the neck. Mr. President, I cannot understand at Dak son, 100 miles north of Saigon. One body was headleas. This could have this silence. Are those who spoke out VILLAGE'S DEFENDERS been done by fish or a ship striking the body. so openly, so vociferously, even so vi­ Son Tra was defended by the 14 Marines, Or with a sword. ciously upon the occasion of supposed perhaps 30 government militiamen, about 35 Dr. Ong said preliminary examination American accidental injury to civilians pacification workers and a small group of showed the bodies had been in the water now saying that human life is worth less self-defense youth, government headquarters between two weeks and two months. than it was before? Is the value of said. civilian lives arbitrarily assessed in the The militiamen and Marines form a "Com­ bined Action Platoon," which lives and works ACCUMULATIONS OF WEAPONS IN editorial board conferences and posted with the villagers, giving them technical as­ like figures on the stock exchange? Are sistance and medical aid and trying to pro­ HANDS OF EXTREMIST GROUPS people who are burned alive in South tect them. Mr. MONDALE. Mr. President, of par­ Vietnam somehow of less interest than The village is only five miles southeast ticular interest in the gun-control con­ their counterparts in the North? From of the headquarters of the U.S. Army Ameri­ troversy is the recent report prepared what kind of horrible standard of justice cal Division a.t Chu Lai and a company of American infantrymen from the 198th Light by the Anti-Defamation League of the can one derive such an arbitrarily un­ Infantry Brigade, based near the v1llage, B'nai B'rith, and submitted to the Com­ fair outlook? Is such a manifest imbal­ landed by helicopter on the Marines' hill mittee on the Judiciary on June 25, 1968. ance to be tolerated by the populace position about 30 minutes after the attack. The ADL warns that the "accumulation among its keepers of the public con­ But the infantrymen did not sweep into the of weapons in the hands of extremist science? vlllage until dawn, six hours after the attack. groups constitutes a very real uanger to I suspect that the mutilations, the CLASH NEAR SAIGON the security of our society." The letter tortures, the cremations perpetrated by In the search for Viet Cong bands reported accompanying the report states: the Communist forces upon civilians are moving on Saigon, U.S. infantrymen clashed In Missouri and New York in recent years most worthy of editorial condemnation. with about 150 enemy soldiers 14 miles south­ police have uncovered large caches of arms But the propaganda value varies greatly. west of the capital yesterday and reported collected by Minutemen. These arms in­ It is related to location rather than kllling 30 and capturing eight. Air Force. jets, cluded not only rifies and shotguns but mul­ helicopter gunships and artlllery hammered tiple fire weapons. In October-November, motivation. This, I suggest, is the stand­ the enemy positions during all-night fighting. ard which lets an editorialist tear his 1966, twenty members of the Minutemen Five Americans were killed and 12 wounded. were arrested on charges of plotting to blow hair at unintentioned deaths of civilians The enemy toll raised to 159 the number of up three private camps in New York, New in the north and completely ignore delib­ Viet Cong and North Vietnamese reported Jersey and Connecticut which they believed erate terror, murder, and brutality in kllled by American infantrymen in three to be Communist. Confiscated at the time the south. battles in the area in the last week. of the arrest was an arsenal that included As long as we recognize the standard In the aerial phase of the campaign, U.S. one mlllion rounds of ammunition, 115 high by which those judgments are made, we B52 bombers dropped about 2 million power rifies, 11 machine guns, bazookas, can better clasify them. But let us have pounds. mortars, hand grenades, rocket launchers no more gushings and tears in the name and pistols. of humanity, when such items should be l',LOATING BoDIES 'I'ELL OF HORROR IN CHINA- 16 FISHED FROM SEA The ADL goes on to say that their written in the name of expediency. research discloses that there are Ku Klux HoNG KoNG.-The bodies spllled out into Mr. President, I ask unanimous con­ the South China Sea from the muddy Pearl Klan chapters which operate as rifle sent that the two articles to which I have River along with the other refuse of Com­ clubs and that their members are en­ referred be printed in the RECORD. munist China. couraged to accumulate stores of weap­ There being no objection, the article In the past few days 16 bodies have been ons and ammunition. were ordered to be printed in the RECORD, found outside the wide mouth of the great, This report and the activities it details as follows: monsoon rain swollen river that meets the is so ominous and threatening to these­ [From the Washington (D.C.) Evening Star, sea between this British crown colony and curity of our country that I should think June 29, 1968] Portuguese Macao. Five found today included the remains of a every reasonable person in the United SEVENTY-THREE VIET CIVILIANS DIE IN RED young girl, bound as the 11 found earlier. States would insist upon strong and ef­ RAm oN Vn.LAGE All had been battered and bound. Police fective gun registration and licensing. SAIGON.-Viet Cong troops throwing ex­ said the bodies told a terrible tale. At the very least our law enforcement plosives into huts blasted apart a small fish­ "There is no doubt these bodies came from officials ought to know the location and ing village today and killed 88 persons, a U.S. Communist China," a police official said. spokesman said, in what "may be one of the Military authorities and intelllgence sources ownership of such caches of weapons worst atrocities of the war." agreed. in private hands. One American officer said the villagers at "I believe they were victims of a mass Mr. President, I ask unanimous con- July 9, 1968 CONGRESSIONAL RECORD- SENATE 20269 sent that the ADL letter and report be Today there exists the danger that extrem­ in their territory, how many and for what printed in the RECORD. ists, regardless of race, who advocate violent purpose those guns were obtained. This would means of achieving these goals, will in the greatly enhance the difficulty of establishing There being no objection, the letter name of attempted "solutions" of the con­ hidden arsenals and would tend to keep and report were ordered to be printed in filets and problems of race relations, poverty deadly weapons out of the hands of those the REcORD, as follows: and discrimination, inspire their followers to individuals whose records have demonstrated JUNE 25, 1968. anarchy and civil disorder. that they should not be trusted with dan­ Senator THOMAS J. DODD, We believe that the tragic assassinations gerous weapons. Chairman, Senate Subcommittee on Juvenile o! Martin Luther King and Senator Robert We respectfully submit that the enactment Delinquency, Old Senate Office Building, Kennedy, demonstrate that sound and effec­ of legislation requiring the registration of Washington, D.C. tive gun control legislation must be enacted firearms and the licensing of those who seek DEAR SENATOR DODD: This letter is written without delay. In this way law enforcement to possess such weapons is an eminently sen­ on behalf of the Anti-Defamation League of agencies will know who in the areas, over sible approach to dealing with a problem of B'nai B'rith which is the educational arm of which they have jurisdiction, possess firearms B'nai B'rith. B'nai B'rith was founded in 1843 serious national proportions. The scope of the and which firearms such persons possess. problem is graphically established by sta­ and is America's oldest and largest Jewish Thus they will be able to reduce the poten­ service organization with a membership of tistics which show that approximately fifty tial for crimes and accidents arising out of deaths per day occur in this country from over 400,000 men and women. We respectfully the use or misuse of firearms and may also request that this letter which is a statement gunshot wounds and that nearly 800,000 be able, more effectively, to solve such crimes. Americans not in m111tary service have been of the ADL's views on the proposals for legis­ For these reasons we support legislation mak­ lation to control the sale and transfer of fire­ killed by firearms since 1900. Last year alone ing registration of firearms mandatory, and 20,000 deaths resulted from gun murders, arms and other dangerous weapons be in­ requiring the licensing of gun owners. corporated in the printed record of the hear­ accidental shootings and suicides in which ings in the Senate on these proposals. The requirement of licensing gun owners firearms were used. As concerned Americans, we join with may help to insure that persons who should A 1967 Gallup poll showed that 85% of others who believe that the tragic events of not be entrusted with such weapons will not those questioned favored a gun registration recent weeks have demonstrated all too plain­ obtain them. The very act of requiring such statute--a finding identical with one which ly the need for enactment of stringent gun people to appear before a public agency set Gallup came up with 30 years ago in 1938. As control measures. We should point out, how­ up to award such license should help dis­ these figures indicate, it is the will of the ever, that as long ago as January, 1967 the courage the reckless, the mentally ill or, the American people, too long frustrated, that National Commission of the Anti-Defamation juvenile from seeking to obtain guns. Fur­ there be such gun control legislation. The League of B'nai B'rith, its highest policy­ thermore, with the legislation requiring the mail now reportedly being received by Con­ making body, declared that it favored ex­ licensing of gun owners there ought to be gress demonstrates beyond cavil that the panded federal and state regulation of the legislation banning the interstate mail order foregoing statistics are still valid. sale and transfer of firearms and other dan­ sale of all firearms and ammunition, not just Just a few days ago Senator Mansfield, the gerous weapons. We recommend then the en­ rifles and shotguns, and prohibiting over-the­ majority leader of the Senate, in announcing actment of legislation requiring the registra­ counter sale to out-of-state residents and his support for S. 3634 said, "Registration tion of all firearms with local law enforce­ juveniles. Only then can we begin to con­ will provide a record of every gun. Requiring ment agencies; a requirement that holders trol the violence which presently stems from our unwi111ngness to recognize the destruc­ a permit for the possession or purchase of a and purchasers of firearms whether rifles and firearm would at last give the American pub­ shotguns or hand guns, obtain a permit. We tive power of these weapons and the danger they create to public order. lic some assurance that criminals, addicts, also called for the strengthening and expand­ and mental incompetents will not be able to ing of agencies having responsibility for the The bills before the Subcommittee all have that objective. S. 3634, the ''Gun Crime purchase, own or even possess a weapon." enforcement of such gun control legislation In a speech given earlier this month to so that they could carry out their responsi­ Prevention Act of 1968" introduced by Sen­ ator Tydings along with fifteen co-sponsors, the annual meeting of the National Associa­ b111ties with the greatest possible effective­ tion of Attorneys General, Deputy Attorney ness. provides for the registration of firearms and the licensing of gun owners. The principle General Warren Christopher stated that ADL's concern with the problem arose from Americans take it for granted that state gov­ the increasing accumulation of firearms by of registration and licensing is by no means a novel one. It is a pattern which has been ernments should require the registration of members of such organizations as the Min­ automobiles and keep meticulous records of utemen and other private "armies" sponsored used for many years with r·espect to automo­ bile registration in the various states. Un­ their ownership and transfer. He added, "For by extremist groups. As you know, ADL has the life of me-for the life of all Americans­ long sought to counteract the dissemination der the pattern each car must be registered ! cannot understand why there is not such of fear and intergroup mistrust and oppose and the driver must be separately licensed. S. 3634 would also deny gun licenses to con­ a similar requirement of registration for these the violence implicit in activities of such instruments of death and destruction-the groups. victed felons, aliens, alcoholics, narcotics ad­ The accumulation of weapons in the hands dicts and the mentally incompetent. It would pistol, the rifle, and the shotgun." of extremist groups constitutes a very real encourage the states themselves to enact ef­ We find it difficult to understand why so danger to the security of our society. The ease fective gun registration and licensing laws many decent, law-abiding citizens still so with which these groups have gathered and and would invoke the federal power for this vociferously oppose such proposals. While it continue to accumulate all forms of firearms purpose only where a state has failed to do is true that the requirement to register fire­ and weapons of destruction-sometimes so. arms and to obtain a license to own a fire­ without the knowledge of law enforcement S. 3604, the "Federal Firearms Registration arm may occasion some inconvenience to authorities--demonstrates the immediate Act of 1968", introduced by you, Senator owners of firearms, we regard these require­ need for effective legislation requiring the Dodd, with 11 co-sponsors, provides, as does ments as reasonable and necessary regula­ licensing of individuals possessing firearms the Tydings bill, for the compulsory federal tions in the light of the danger of wound­ and registration of those firearms. registration of all firearms. It, also, exempts ing and death inherent in the destructive We need not remind you that in Missouri those states which have laws requiring com­ power of firearms. The argument sometimes and New York in recent years police have pulsory gun registration. While it does not is made that "guns don't kill people, but uncovered large caches of arms collected by contain a licensing requirement for the gun that people kill people," misses the point for Minutemen. These arms included not only owner as does the Tydings bill, it would there is nothing which can execute the mo­ rifles and shotguns but multiple fire weapons. prohibit the sale of ammunition to any per­ mentary impulse to wound or kill as effi­ In October-November, 1966 twenty members son who could not furnish proof that the ciently and with the finality as a gun. of the Minutemen were arrested on charges weapon for which he was purchasing am­ And we ask, how the ordinary sportsman of plotting to blow up three private camps munition had been registered. and hunter would suffer if he had first to in New York, New Jersey and Connecticut S. 3637, the "National Firearms Registry obtain a permit for the gun and the am­ which they believed to be Communist. Con­ Act", introduced by Senator Brooke, with five munition he needs for his hobby. Certainly fiscated at the time of the arrest was an co-sponsors, would create a national fire­ he can have no valid objection to letting the arsenal that included one million rounds of arms registry for the purpose of maintaining pollee know that he possesses the particular ammunition, 115 high power rifies, 11 ma­ a current inventory of firearms privately weapon or weapons he owns and to going to chine guns, bazookas, mortars, hand gre­ owned in this country. appropriate agencies to get a license for that nades, rocket launchers and pistols. While all of these bills seek to control the gun. Such a disclosure or requirement is cer­ Our researchers have also disclosed that use and ownership of firearms and are com­ tainly in his interest as a member of society there are Ku Klux Klan chapters which op­ plementary to recently enacted and presently and in the interest of society generally. erate under respectable fronts as rifle clubs pending b1lls covering gun sales, we respect­ Nor can we understand the argument made and sporting clubs and that these chapters fully submit that S. 3634 provides effective that such legislation infringes the provisions also encourage their members to accumulate and comprehensive gun control regulations, a of the Second Amendment which guarantees stores of weapons and ammunition. goal we deem essential. The double check the right of the people to keep and bear arms In the aftermath of the recent riots in our provided through the requirement of regis­ against infringement for the reason that a cities there was substantial evidence of tering each weapon, along with the llcensing well-regulated milltia is necessary to the se­ groups-black and white, middle class and of each individual gun owner, appears to be curity of a free state. We are long past the poor-gathering arms for possible use in case a most effective way of keeping our law en­ period of requ1r1ng support by m111tia of of outbreaks of violence. forcement agencies appraised of who has guns government authorities in times of crisis. Our 20270 CONGRESSIONAL RECORD - SENATE July 9, 1968 police forces, our regular armed forces and Pugh-is a fugitive from justice and is sought which retails at $69.50. This particular rifle our national guards do the job. The United by Federal authorities in connection with a can be quickly divided into two parts by States Supreme Court has upheld the Na­ conviction on a charge involving firearms. just pushing a button and giving the barrel tional Firearms Act against transportation of Other Minutemen have been arrested in con­ a half twist. The two pieces could then be unregistered shotguns in interstate com­ nection with planned violence, and arms carried easily in a small suitcase. The gun oon merce in the absence of evidence tending to caches attributed to the Minutemen have be reassembled just as quickly and is very show that the possession or use of a shot­ been uncovered by law enforcement author­ accurate .... gun having a barrel of less than 18 inches ities. The Minutemen's clandestine bulletins "Most of the advantages for the .22 target in length has some reasonable relationship and publications, circulated to the member­ pistol apply also to the .22 rifle. One advan­ to the preservation or efficiency of a well­ ship, are quite specific about firearms. The tage not previously mentioned is the ease regulated militia. Similarly, gun control leg­ following appeared in a January, 1966, bul­ with which these guns can be snenced. The islation in states has been upheld as con­ letin: possession of a 'silencer' at this time is stitutional. "Don't overlook the potential of .22 long illegal but they can be made quite easily and We respectfully submit that without ef­ rifles, pistols or rifles, as guerrilla warfare or quickly.... fective gun control laws Americans will face resistance weapons. These advantages include "Regardless of what kind of gun you have ~t continuing and possibly growing threat to ready availability, light weight, fast accurate or buy, start at once to buy extra ammuni­ their personal or national security. Our laws second and third shots, due to absence of tion. Without any public notice, the govern­ must recognize that guns are inherently recoil, light weight and readily available am­ ment h~ already taken steps to limit· the dangerous and that they may not be freely munition, good accuracy, simplicity of care, availability of ammunition. Don't wait, when possessed by individuals or groups who may' and comparatively small report when fired. you find it, buy it. If at all possible, keep use t h em for wrong purposes. President The .22 can be silenced completely with ma­ 1,000 rounds per gun on hand at all times." Johnson told the nation following the assas­ terials that are always available. Although The political arm of the Minutemen is the sination of Senator Robert Kennedy that gun the .22 lacks killing power, this can be readily so-called Patriotic Party which has units in legislation "will spare many innocent lives" increased by filling hollow point bullets with a number of states. On June 11, 1968-one even though such legislation "will not in it­ poison." week after the assassination of Senator Rob­ self end the violence." On Monday of this The Minutemen publication, On Target ert F. Kennedy-e. call went out to "members week he offered a strong proposal, to which (issue of December, 1966) was equally spe­ and friends of the Patriotic Party" urging we firmly subscribe, requiring the national cific when it urged its members to arm them­ them to deluge Congress with letters oppos­ registration of every firearms and a license selves without delay. It offered five specific ing "any further gun restrictions of any for every gun owner whose state does not pieces of advice: kind!' Signed by Glenn Jackson, Western enforce Federal license standards. "1. Buy a gun that is new or nearly new ... Regional Cpordinator of the Patriotic Party, We are attaching a report of the Anti­ "2. Expect to pay a gOOd price for a good the message-headed "Important Notice"­ Defamination League, completed this week, gun ... said in part: on the extremist groups throughout the "3. Avoid civilian-made copies of military­ "As might be expected in the wake of the country .who preach and practice violence made firearms. This especially applies to cop­ Senator Kennedy assassination the pressure and whose possession of weapons constitutes ies of the .30 carbine ... is really on in Washington and Sacramento an immediate danger to every American. "4. Try to buy your gun in such a way that and probably all other state capitols to pass These groups traditionally oppose effective it cannot be traced to you. If you live in a 'tighter gun control laws'. The perennial 'gun gun control legislation; we submit that their state or city that requires a permit to buy a restricter', Senator Thomas Dodd, is loudly opposition stands among the best reasons for gun, go to some other state that does not screeching for national registration for all the passage of the· strongest possible legisla­ have such a requirement. Most dealers will firearms while many other elected officials on tion. ask your name but few will ask for iden­ both the national and state levels are com­ Sincerely yours, tification. mitted to some form of more gun controls. ARNOLD FORSTER, "5. Don't wait-buy your gun now. I re­ "The mayor of San Francisco publicly General Counsel. cently (June, 1965) made a 2,000 mile trip to urged the citizens of that city to voluntarily visit wholesale gun dealers hath large and turn in their guns. We have heard that EXTREMISTS, VIOLENCE, AND GUNS small. Most were completely out of Amer­ certain churches in some of the eastern (A report of the Anti-Defamation League of ican-made pistols. Their stocks of good rifies states are urging the same thing. It seems B'nai B'rith, June 1968) were either low or depleted. Retail sources that someone is trying to start a trend...• are running out of stock fast. Prices on some "In my opinion the real madness is evi­ While the National Rifie Association dent, or will have been evident, if the citi­ stresses the needs of legitimate sportsmen in models are going up ten percent a month. Many others just aren't available." zens of this country allow themselves to be its opposition to effective gun control legis­ hoodwinked and taken advantage of by this lation, the fact is that a chunk of the or­ Further on in the same publication, the writer-presumably Minutemen chief De­ crowd of designers who make their greatest ganized opposition comes not from pacific pile of hay while emotions are running high elements of American society, but from vio­ Pugh-had this to say: "Suppose the reader has no gun at all and and the public is just a little off balanct.J due lence-prone extremist groups of political per­ to the noise and clamor. . . . suasions on the far right and on the far left. is planning to buy one gun only.... What shall it be? Though it will surprise many "We urge you to write at least five letters Some are large and have a national impact. to various United States Senators and five Others are small and affect only their imme­ people, my recommendation is a .22 caliber semi-automatic pistol ... to Congressmen opposing any further gun diate areas. But they are dotting the Ameri­ restrictions of any kind. Do this upon re­ can landscape, and they are proliferating. "It's true that the .22 lacks the 'shock' effect of a more powerful cartridge, but this ceipt of this letter. Then immediately call Exacerbating racial tension in some cases, five of your friends or associates and urge Instigating it in others, they are turning the is largely compensated for by the ease of put­ ting a well-placed shot into heart or brain. them to do likewise. Hurry l United States into a camp armed against "Send letter to your own Senators and itself. [Just such a weapon and shot killed Senator Robert F. Kennedy.] When needed a second Representatives but letters to Senators Ev­ Further, because these groups tend to be well-aimed shot can be fired quicker from a erett Dirksen, Roman Hruska, Edward Brooke, clandestine-although some operate openly­ .22 than !rom a more powerful weapon.... and Rep. Emanuel Celler, William McCul­ their members often lead seemingly normal lough and James Utt may help. You may lives. They parade as sportsmen and some "As a 'deadly weapon, their effect can be greatly increased by using hollow-point bul­ wish to include Senators Mike Mansfield and belong to the NRA and local gun clubs. This Thomas Dodd. is not to intimate that all sportsmen are lets filled with poison. If needed, the hole in the point can be opened up further With a "Next, do the same thing on a State level. members of extremists groups-far from it­ Time is short!" but rather that the truth about who does small drill. Sodium or potassium cyanide are what with firearms training and equipment two fast acting and easily obtainable poisons. 2.' "BREAKTHROUGH" AND THE GENERAL DOUGLAS is far from known in the United States Pharmacists or medical doctors will have M'ARTHUR SHOOTING CLUB today. ready access to succinyl choline or tubo­ "Breakthrough'' is a Detroit-hased Radical curarine which are excellent when used in This report is an up-to-date summary of Rightist group whose leader is Donald Lob­ powdered form. If nothing better is available what is known about such groups, who they singer. In recent months it has been preach­ are, where they operate, what they advocate, ordinary household lye (thirty cents for a ing to its members that they adopt survival pound can at your local grocery store) will techniques and store up on food and other and the extent to which they attempt to in­ do nicely.... fluence-and often succeed in influencing­ needed items against the day of another civil gun control legislation. These groups cover "For a small 'hideaway' gun, the .25 Brown­ disorder. Urging members to organize their a wide spectrum and are not necessarily con­ ing automatic is unsurP'assed. A man wear­ blocks !or survival !or at least a month nected with one another. ing slacks and sports shirt can easily carry without leaving their homes, Breakthrough one of these in his side p·ants pocket with­ has also been active in urging its members to 1. THE MINUTEMEN out its ever being noticed. Quality of mate­ arm themselves and take firearms instruc­ The gun-toting Minutemen, who train in rial and workmanship on all Browning fire­ tions. One facet of this effort was the !orma­ secret against fanc-ied Communist invasion arms is excellent. tion, late in 1967, of the General Douglas or domestic takeover, are among the more "If my one-and-only gun were to be a MacArthur Shooting Club along with ad­ dangerous groups on the domestic scene who rifle, on<:e again it would be a .22. First monition to the followers of Breakthrough tramc in firearms. Their leader-Robert De- choice would be the Browning semi-automatic to join the National Rifle Association. The July 9, 1968 CONGRESSIONAL RECORD- SENATE 20271 Detroit Free Press reported on Sept. 28, 1967, connection with the shootings of Mrs. Viola day arrived when an LBJ or Bobby Ken­ that almost 4,000 persons had attended Liuzza and the three civil rights workers­ nedy decided to proclaim himself a Com­ Breakthrough rallies since the Detroit riot Andrew Goodman, James Chaney and Mi­ munist dictator, all the FBI would have to last summer. A branch of Breakthrough, chael Schwerner in 1964 and 1965. No one can do is go around to everyone's home and pick called Counterthrust, is registered as a stu­ say for sure how many other Klan shootings up his registered gun." dent organization at Wayne State University. have gone undetected and unpunished. There are other extremist and racist orga­ The Free Press reported that one of Break­ Mr. Hoover warned in 1966 that many nizations that also advocate stocking up on through's new slogans is S.A.S.O.-standing Klan klaverns have arranged firearms train­ rifles or that reportedly are arming them­ for "Study, Arm, Store provisions and Or­ ing for their members and that the Klan selves in preparation for possible racial con­ ganize." The article, describing a typical has also shown an interest in having its filets and confrontations. Lobsinger harangue, said: members engage in military and other special "After an argument against gun-control training. 6. PAUL REVERE ASSOCIATED YEOMEN, INC. (PRAY) laws, he invariably finishes his speech with 4. CHRISTIAN YOUTH CORPS the same words. The Paul Revere Associated Yeomen, Inc., "'We have held this meeting to tell our Another example of the reliance that has a small organization in New Orleans which elected officials .... been placed on the need for guns by ex­ has mailed infiammatory messages to its fol­ "'That we have not surrendered.... tremist organizations that preach hate and lowers, urged the following course of action (cheers) guerrilla warfare is the Christian Youth as far back as March, 1964: "'And we will never surrender.... (cheers) Corps, which distributes viciously anti­ " ( 1) Join the National Rifle Assn.... " " 'If another riot comes, we will protect Semitic, anti-Negro and anti-Catholic prop­ "(2) Absolutely refuse to register or give our property. . . . (cheers) aganda from a post-office box in St. Peters­ up your arms-under any circumstances! "'We will protect our homes.... (cheers) burg, F:'la. It is headed by a hate-peddler "(3) Stock up on rifies, shotguns, pistols­ "'And we will fire!' (wild cheering)." named Oren Potito, whose materials have all of standard make; with lots of standard Of the General Douglas MacArthur Gun been re-printed by a Klan group With head­ quarters in Georgia. ammunition. Arm every member of your Club, The Detroit Free Press article, by An­ family who can shoot a gun to protect his drew Mollison, raported: Last year, this Christian Youth Oorps is­ own life! "Breakthrough plans to train homeowners sued a tract which declared: "You had bet­ "(4) Join 'The Minutemen', P. o. Box 58, in marksmanship and weapons handling ter be fighting on the right side or you Will Narbonne (sic), Mo., for detailed 'survival through a gun club affiliated with the Na­ be destroyed as Will be the Jews.... " instructions.' tional Rifle Association (NRA). It made the fantastic claim that there "(5) Consult with your next-door neigh­ "To be called the Gen. Douglas MacArthur exists in the United States "a vast National bors on how best to protect your family and Gun Club, the group will hold its first meet­ Christian Army of over 10,000,000 patriotic home. Arrange to wear certain kinds of caps ing October 12. The club's organizer, a man men who are ready to defend this nation or shirts for identification; so you won't be who identifies himself as Charles Panos, against the Red hordes that will soon attack firing at one another in the confusion. Do explained to a group of admirers ... that, the United States." It can well be asked not organize the whole block in your neigh­ through the NRA, the club could buy cases whether individuals With inflamed minds, borhood, as 10% of the people are probably of low-cost government ammunition. who believe such nonsense, should ever be on the other side--trained for 'leadership' of " 'The club would distribute it and the allowed near a gun, let alone perm! tted to such neighborhood groups, to sell you into government would not know who had how own one. In its 1967 tract, the Christian Youth Corps declared: do-nothing surrender. Be your own leader of much ammunition,' Panos said. your own household . . . and make it an "He advised one young man who was "Each man needs the following basic armed arsenal! worried about the possibility of the govern­ equipment for guerrilla warfare operations. " ( 6) Prepare yourself and your sons to ment forcing him to register his firearm: "1. Any standard rifle of at least .30 cal. fight in the streets-in the alleys-in the "'Go to Sears and give a false name and "2. One good quality hunting knife, 6" blade. parks-in public buildings-around the wa­ address. They never check for identification. ter works-power plants-city hall-TV and Then if a registration law is passed, nobody "3. At least 1000 rounds of ammuni­ radio stations . . . while your wife and will know you have it.' tion ..." daughters protect their lives and your home "He said the club would meet in the And the Christian Youth Corps went on with gasmasks, shotguns, rifies and pistols. Detroit Light Guard Armory.... " to recommend such equipment for "an effec­ "Remember! The Communists cannot sub­ tive guerrilla unit" as canteens, back packs, 3. THE KU KLUX KLANS due an armed citizenry!" sleeping bags, tents, camouflage fatigues, in­ On another occasion, the same Paul Revere The violent history of the Ku Klux Klans sulated paratroop type boots, a week's sup­ in America is too well known to require Association Yeomen-PRAY-urged its fol­ ply of concentrated food packs, 500 water lowers to join a rifie club and added: recitation. Time and again, Klansmen have purification tablets, snake bite and first aid been arrested, tried and often convicted in "Purchase immediately 12 ga. shotguns kit, and so on. The Christian Youth Corps and a large supply of buckshot shells, a high­ connection with shooting crimes against call to arms ended with these words: "We those who opposed them or whom they op­ powered rifie and some pistols or revolyers- shall fight from the fields, from the plains, 32s, 38s, 45s-with considerable ammunition. posed. Two years ago, FBI Director J. Edgar from the swamps, and from the mountains; Hoover, in an article on "The Resurgent They will soon be worth more than their and although overwhelmingly outnum­ weight in gold! T"ne lives of your loved ones Klan" in the July, 1966, issue of the Ameri­ bered in men and equipment we shall still are at stake! can Bar Association Journal, declared that be victorious.... " "Klan leaders give only lip service to a pol­ "Do not report them. Do not register them I icy of non-violence." He said "the history 5. NATIONAL STATES RIGHTS PARTY Hide them! Do not give them up under any of the Klan, as disclosed by FBI investiga­ Another Nazi-minded organization that circumstances! Defend your arms with your tions, is a sordid story of terror and vio­ preaches hatred of Jews and Negroes and lives.... Let no law deprive you of them. lence." Mr. Hoover told of action groups com­ urges its extremist followers to arm is the "Eternally resist all proposed legislation to posed of Klansmen that carry out acts of National States Rights Party, whose head­ registe.r and confiscate your arms! Presently violence and atrocity. They are often referred quarters are now in Savannah, Ga. there are 40 such bills pending to control to as "knock-off squads," "holy terrors," Its publication is The Thunderbolt, one of your arms!" "flying squads," "wrecking crews," and the most blatant hate sheets in the whole 7. DEFENDERS OP THE AMERICAN "killer squads." underworld of extremism in America. In its CONSTITUTION, INC. Mr. Hoover added: "The propensity for April, 1967, issue, this publication of the Another extremist group of the Far Right violence on the part of individual Klansmen N.S.R.P. declared: calling itself Defenders of the American Con­ has become greater in recent years because " ... the N.S.R.P. believes that every White stitution, Inc., is based 1n Ormond Beach, of the trend toward acquisition of weapons, patriot should own and possess sufficient Fla., and issues periodic "Alert" bulletins ammunition and explosives." And, he went arms and extra large quantities of ammuni­ to its membership and subscribers. One such on, firearms possessed by Klansmen range tion. That is necessary because of the red "Alert"-Number 39, dated April 17, 1967, from ".22-caliber rifles to magnum revolvers, and black revolution that the Jews have un­ and headlined "Calling All Patriots !"-pro­ sub-machine guns, shotguns and hlgh-pow­ leased against America. The purpose of claimed in large type: "Your Gun Is Their ered rifles." He said FBI sources estimated Jewish legislation against the right to bear Target!" It purported to show that gun-con­ that 90 percent of the Klansmen in one state arms is to disarm all law-abiding patriotic trol legislation was part of a Communist plot, owned guns at that time, that many Klans­ citizens so that they will be unable to de­ declaring: men own large numbers of firearms, and fend themselves against criminals and revo­ "Communism has captured and destroyed that Klansmen often carry weapons illegally. lutionaries. We are exercising our Constitu­ country after country-not by military force, As long ago as 1965, the Anti-Defamation tional right to possess firearms and ammu­ but by political subversion from within the League, in a public statement, warned of nition and say, 'Let the Jews be damned.' " country. To assure the success of the sub­ underground guerrilla detachments of Klans­ The N.S.R.P. which has published vicious versives and traitors, they must be guaran­ men often organized as "gun clubs" or sport­ attacks on the FBI in The Thunderbolt, said teed immunity by the registration and con­ ing clubs or as so-called "security guards", in that same April, 1967, issue that if a strict fiscation of privately owned weapons that and all of them armed Klansmen were tried, Federal gun control law were passed, "the might be used against them and such mili­ though acquitted, in the shooting of Lemuel FBI would have a national list of every gun tary forces as would remain loyal.'' Penn. Klansmen were trted and convicted in owner in America." And it added: "If the Among the courses of action indicated in 20272 CONGRESSIONAL RECORD- SENATE July 9, 1968 the "Alert," which was signed by the Presi­ a picture of a rifle. The November 23, 1967, across their chests. This is legal under Cali­ dent of the Defenders, a retired Marine Corps issue carried a page with the slogan "Buns fornia law which only forbids carrying con­ General, was the advice to "Remind your Baby Guns." So did the May 4, 1968 issue. cealed weapons without a permit." representative in the Congress to vote "NO" The Black Panthers are ordered to arm The Times further quoted Newton as say­ on the Dodd Bill." themselves and defend their homes by farce ing, "Force, guns and arms are the real polit­ of arms on pain of expulsion from the Party. ical arena." 8. NORTH WARD CITIZENS COMMITrEE A so-called "Executive Mandate No. 3" pub­ In Newark, N.J., an armed vigilante group 10. STUDENT NON-VIOLENT COORDINATING lished in the March 16, 1968 issue of The COMMITTEE (SNCC) has been formed, composed of self-appointed Black Panther and signed by Huey Newton, and self-proclaimed guardians of law and the Party's Minister of Defense, declared: The Student Non-Violent Coordinatling order, who themselves pose a threat to the "It is . . . mandated as a general order to Committee has abandoned all pretense that very domestic tranqu111ty they claim they all members of the Bl,ack Paillther Party for it is non-violent. The exhortations to vio­ would preserve. They are called the North Self-Defense that all members must acquire lence by its spokesmen, Stokely Carmichael Ward Citizens Committee. All members are the technical equipment to defend their and H. Rap Brown, have made headlines encouraged to own guns and are trained in homes and their dependents and shall do from coast-to-coast. It is pertinent to note the use of firearms. According to an article so. Any member of the Party having such that during the strife-torn summer of 1967, in the reliable newspaper, The Record, of technical equipment who fails to defend his Brown exhorted Negroes in Jersey City, for Bergen County, N.J. (Feb. 15, 1968), they threSihold shall be expelled from the Party example, to "wage guerrilla war on the honky have an estimated membership of 1550, and for Life." white man." In Cambridge, Md., he urged his an estimated 1000 of their membership re­ The Black Panthers see themselves as a listeners to "burn this town down." At a portedly have belonged to a local rod and "Vanguard Party" of Bl.a.ck revolution, and rally in Queens, N.Y., he spoke of the race gun club. In addition to firearms, this pri­ urge the formation of small and furtive riots that had already taken place in Newark, vate army headed by one Anthony Imperiale, groups of twos and threes to carry out vio­ Detroit and other cities as "mere dress re­ has many members schooled in judo and lent and revolutionary activity, rationalized hearsals for revolution." karate by Imperiale, who operates a karate as being in the interests of "self-defense." That guns and firearms are part of the school. In addition to firearms, the North The May 18, 1968 issue of The Black Pan­ doctrine preached by SNCC is evident from Ward Citizens Committee claims to own an ther quotes Chairman Bobby Sale as declar­ Brown's repeated exhortations to his lis­ armored truck and a helicopter and they ing, in answer to a question about firearms teners to "get yourself some guns ...." In patrol the streets in cars that they have called at a meeting held a few d'ays earlier: "Every Jacksonville, Florida, for example, he said "jungle cruisers." black man should have a shotgun, a 357 that Negroes had better get themselves John Lancelotti, the Record reporter who magnum or a .38 in his pad to defend it ... some guns because "that's the only way interviewed Imperiale, asked the leader of the every woman should understand that weap- you're going to get what you need.'' In North Ward Citizens Committee whether the on ...." Washington, D.C., on July 27, 1967, Brown group had a central cache of arms. He re­ The same issue, speaking of the legal dlf­ was quoted as saying, "Black people have ported: "Imperiale hesitated, cast his eyes ficul ties of SNCC leader H. Rap Brown a.s a been looting. I say there should be more down and said no. It was the only time that result of charges that he was carrying a gun shooting than looting, so if you loot, loot a Imperiale balked at answering a question or illegally, had this to say: "There is no doubt gun store." failed to look directly at the person to whom that this unconstitutional gun statute is He added: "You've got to decide for your­ he was speaking." being used against Rap Brown because of self if you kill your enemy, because that is Imperiale's group is opposed by the New his political activities." an individual decision. But the white man Jersey branch of the American Civil Liber­ On another page, The Black Panther news­ is your enemy. You got to destroy your ties Union, which is seeking a Federal Court paper readers are advised of their legal rights enemy." order abolishing it, and by Governor Richard in case of arrest or search. Entitled "Pocket And Brown also declared, "If you give me Hughes, who has called it a "potential threat Lawyer of Legal First Aid," the article is a gun and tell me shoot my enemy, I might to peace and law and order in New Jersey" introduced in the following words: shoot Lady Bird." (New York Times, June 24, 1968, p. 23). "This pocket lawyer is provided a.s a means There are a few publications scattered 9. THE BLACK PANTHER PARTY FOR SELF-DEFENSE of keeping black people up to date on their around the country which are ideologically rights. We are always the first to be arreSited oriented toward the SNCC line of violence While white racists and far right extrem­ and the racist police f'Orces are constantly and revolution by black people. One of ists arm themselves to combat imaginary trying to pretend that rights are extended these Rebellion News, published in Roxbury, Communist insurrections and "takeovers" equally to all people. Cut this out, brothers Mass., said in its November 1, 1967 issue: black extremists and racists, some with Far and sisters, and carry it with you. Until we "It now appears that it is necessary to de­ Left revolutionary ideologies, are also arm­ arm ourselves to righteously take care of our fend ourselves with guns and rifles ... ing. They claim they are doing so in self­ own (editor's italics), the pocket lawyer is Right now anyone over 21 can buy a rifle. defense because the white majority, using what's happening." We recommend buying M-1 carbines or any police forces, national guardsmen and other The June 10, 1968 issue carries a notice other high powered semi-automatic wea­ security units is planning a program of geno­ that reads: "June 13 Last Day to Buy Guns pon. . . . Every black person should own a cide aimed at exterminating the black race in & Ammo." rifle. . . . Buy your rifle now!!!" America. The best-known of these black About a year ago, in May, 1967, armed revolutionary groups and the most openly 'rHE REVOLUTIONARY ACTION MOVEMENT members of the Black Panthers invaded the (RAM) armed is the Black Panther Party for Self­ State Capitol building at Sacramento, Cali­ Defense whose headquarters is in Oakland, fornia, carrying loaded shotguns. The June The Revolutionary Action Movement is a Calif. 10, 1968 issue of The Black Panther, recall­ small, clandestine group of black extrem­ The Panthers recently merged with the so­ ing the episode, says that the demonstration ists who follow the revolutionary teach­ called Student Non-Violent Coordinating by the armed Black Panthers last year was ings of force and violence espoused by Rob­ Committee--SNCC-which today is neither a designed "to protest the exploitation and ert F. Williams, a fugitive from justice in student group nor dedicated to the principles oppression of the black community and pub­ the United States, who fled to Havana and of non-violence. licly announce that thencef•orth such acts thence to Peking. He publishes tracts ad­ Both the Black Panthers and SNCC have of oppression would not be tolerated." vocating guerrilla warfare and describing adopted the gueriTilla warfare principles of The picture of the Black Panthers was guerrilla warfare tactics and techniques Mao Tse-tung, of the late Ernest Che Gue­ well summed up in a New York Times article which feature the use of sabotage, Molotov vara, and of Castro and are seeking to import of May 21, 1967, based in large part on an cocktails, and poisoned darts as weapons to these tactics to American soil in general and interview with Huey Newton. He was quoted be used by small, clandestine bands. to our troubled cities in particular. They are as saying: "Political power comes through RAM was organized in 1963, and has a steeped in the writings of Frantz Fanon, who the barrel of a gun." small membership, mostly in a few big cit­ preached that violence is a form of psycho­ According to the New York Times article, ies. Individuals allegedly connected with logical therapy for oppressed peoples. when the members of the Black Panthers RAM have been arrested in New York and The Black Panthers see Black people in entered the legislative chamber in Sacra­ Philadelphia. In the New York case, two al­ America as colonial subject of an oppressive mento, they said they were protesting pro­ leged RAM followers-Herman Ferguson "mother country" controlled by whites, and posed gun-control legislation. Newton was and Arthur Harris-were recently convicted believe that only a revolutionary Black war of quoted as follows: "We wanted them to of charges that they conspired to assas­ national liberation can bring freedom to know we will continue to arm black people sinate moderate civil rights leaders Roy Black Americans. While they prepare for this in spite of any legislation that is passed. We Wilkins and Whitney Young, Jr. confrontation, which they appear to see as weren't trying to influence what they did. Ferguson, who has been an educator in inevitable, they have armed themselves--for Our message was to point out that the plot the New York City public school system, self-defense against the pollee and against all to disarm black America would fail." wrote an article that appeared under his whites, so they claim. But guns in the hands The Times added: name in the March 9, 1968 issue of The of a revolutionary poup may well be used not "The Black Panthers buy their guns openly Guardian, a Far Left publication. only in self-defense but for more revolution­ at gun stores, he said ... Organization mem­ In the article, Ferguson presented what ary purposes. bers carry their guns openly, the side arms he called a "black survival curriculum" for The organization publishes The Black at their hips, and the shotguns or rifles on the black school child. One section read in Panther bi-weekly. Almost eVf~ry page carrtes their shoulders or .held with both hands part as follows: July 9, 1968 CONGRESSIONAL RECORD- SENATE 202'73 "After the morning exercises are over, he Mr. President, the Olympic games sig­ Front and resigning from it. If he is un­ goes to physical training where the first nify the confluence of peoples from all able to do that, he should resign from his part of the period is devoted to U!-rget prac­ tice on the school shooting range. Following around the globe, engaged in the purest public office. this he re·ports to a nearby classroom for type of competition. Athletes of all na­ Mr. President, the Washington Post instruction in weaponry, gun handling and tionalities, regardless of race, color, or on July 8 published an editorial about gun safety. His next class takes place in the creed, take part and strive to attain rec­ the shooting and the statement o·f the gymnasium where he is given a lesson in one ognition in this most ancient of competi­ Black Uni·ted Front. I ask unanimous of the Eastern martial arts of self-de­ tive rituals. consent that it be printed in the RECORD. fense ...." Admittedly, this yea.r's games are There being no objection, the editorial Another section, dealing with the subject of mathematics, said in part,"... His math marred by the absence of South Africa, was ordered to be printed in the RECORD, problems focus on suoh practical matters as which is being denied admission because as follows: wind velocity, muzzle velocity and other of its internal policies on race. But this TRAGEDY ON COLUMBIA ROAD mathematical considerations involved in fir­ in no way detracts from the lofty ideals The shooting on Oolumbla Road last Tues­ ing, repairing and making weapons. . . . " to which the games are dediCS~ted, and to day night in which one policeman was killed According to FBI Director J. Edgar which this country should now dedicate and another critically wounded is Indeed Hoover, RAM members in the New York City itself. tragic. The tragedy Is heightened because area formed a front organization for rifle What better time is there for the Sen­ Pvt. Stephen A. Wllliams, a 22-year-old training. Mr. Hoover said it was called the ate ratify the Human Rights Con­ Marine veteran, had survived the rigors of Jamaica Rifle and Pistol Club, Inc .• and that to the Vietnam War only to return and be shot several members of the club were arrested ventions, and thereby rededicate itself dead on a street In the Nation's Capital. His in New York City on June 21, 1967, by local to the vaulted principles upon which this partner. Pvt. Frederick L. Matteson suffered authorities for conspiracy to advocate an­ country was founded? grave head injuries. archy. In his testimony before a subcommit­ The Humans Rights Conventions and Now on the heels of this tragedy, the Black tee of the House Appropriations Committee, the Olympic games complement each United Front says the "slaying of the honky on February 23, 1968, Mr. Hoover said that other. The former signifies the right of cop is justifiable homicide in the same sense those arrested were then awaiting trial. all humans, regardless of race, color, or that police are allowed to kill black people It is not without interest, further, that and call it justifiable homicide." That state­ the incendiary and revolutionary writings of creed, to live, work, and think as they ment is absurd, malicious and dangerous. It Robert F. Williams, sometimes described as wish, without fear of repression. The is absurd because no evidence has been pre­ the spiritual godfather of RAM, which is latter signifies that people of all nation­ sented so far to indicate that Pvt. Wllliams headed by Maxwell Stanford, appear in re­ alities, whatever their allegiances, can or his partner used any force or language to print form in a number of extremist publi­ come together, compete, and be judged cause a simple arrest to escalate Into murder. cations from time to time. The Black Pan­ solely on their ability, not on the basis It is malicious because the statement's ther issue of May 18, 1968, for example, of whom they represent. harsh wo.rding constitutes invective that carried a long article by Williams (along just spews venom in an already poisoned with quotations from Mao Tse-tung). In the Mr. President, the last time that the atmosphere. And It is dangerous because the Williams . article, the following passages summer Olympics were held in North publishing of the statement can only make appeared: America was in 1932. For all we know, it things worse between the police and black "If there is ever going to be justice in could be another 36 years before this people In Washington. Quite aside from America, if the Black man is ever to be liber­ continent again is host to the summer malice, however, there is a temptation to say ated, if human dignity is ever to prevail; games. a lot of things about how such an Incident there must be a violent confrontation be­ This summer we have a unique oppoo-­ could have been avoided or to read Into it tween Black man and white man, between tunity to ratify the Human Rights Con• some special significance, some evidence of oppressor and oppressed, be·tween the master racial tension, some lesson about how to class and the slave class ...." ventions. Let us not waste it. maintain law and order in our streets. But "Let us not permit ourselves to be dis­ hindsight does not help and there are not armed and rendered defenseless by those many useful lessons to be found In so mind­ who admonish us to love this beast. . . ." THE SLAYING OF A POLICEMAN AND less an act as this sudden assault on two THE BLACK UNITED FRONT policemen whose own weapons were snatched CONCLUSION from their holsters and used against them. Newspapers from coast-to-coast, national Mr. BREWSTER. Mr. President, the To the extent that there is meaning in magazines and other media repeatedly tell Washington community was shocked las·t such a tragedy It Is in what it tells us about of the tense, silent trend-Americans, black week by an incident that resulted in the the nature of the street and the daily risks and white, arming themselves against each slaying of a District of Columbia police­ faced with commendable courage and resolu­ other, while the traffic in guns goes on, tion by our under-manned and often over­ legally and 1llegally. Other publications man and the critical wounding o:f his worked police force. There is no protection catering to gun fanciers, hunters-and to partner as they attempted to arrest a for them against the homicidal assailant others with less legitimate interests-adver­ suspect. bent on senseless murder. tise bazookas, machine guns, sub-machine Equally -shocking was a statement While this shooting Is fresh in their minds, guns, rifles. shotguns and hand guns. In­ released later by an organization that they will doubtless take extra precautions structions are published on how to convert calls itself the Black United Front. The not to expose themselves to needless dan­ non-automatic and semi-automatic weapons statement said the slaying of the police­ gers. But because they have proven them­ to automatic. man was justifiable homicide. selves, many times over, to be a highly com­ But along with frightened ordinary Amer­ petent and professional force, they can also icans, it is clear that extremist groups­ The st81tement was an affront to the be counted on to exercise their customary white raCist, far right, black revolutionary. community. It requires an immediate good judgment In balancing forceful meas­ violence prone, and paramilitary groups have public a.pology. ures with sensible restraint. also been arming for a confrontation that The organization's attempt to explain could wreak havoc on the country. its statement as an effort to begin a con­ It is also clear that these extremists op­ structive dialog smacks of sheer hypoc­ FORMER SENATOR PAUL H. DOUG­ pose strict and effective gun control legisla­ LAS RECEIVES THE CORDELL tion which they fear would disarm them and risy. The statement was destructive in interfere with their violent plans. every sense of the word. HULL AWARD Their opposition to gun control laws is. It is unbelievable that the membership Mr. PROXMIRE. Mr. President, for perhaps, the best recommendation for the of the Black United Front includes such many years former Senator Paul H. passage of such laws. For It Is the extremists, a community leader as Walter E. Faun­ Douglas has been a great national leader armed already, who pose the real threat to troy, Vice Chairman of the City Council. for free trade. On June 4, 1968, Mr. the survival of American democracy. He and others of his stature should Douglas, upon receipt of the Cordell Hull realize that there is no place in this com­ Award for his important services in sup­ munity for organizations that exhibit the THE 1968 OLYMPICS: A TIME port of free trade, delivered a most malicious irresponsibility of the Black thoughtful and enlightening address on FOR REDEDICATION TO HUMAN United Front. RIGHTS the subject. He also should realize that he has an From a moving perspective on the po­ Mr. PROXMIRE. Mr. President, 1968 obligation to the community at large that litical career of John Bright, Mr. Douglas is the year of the Olympics. The Olympic overrides his obligation to a smaller spe­ traced the development of free trade games would provide an excellent back­ cial interest group. from 19th-century England to 20th-cen­ drop for our ratification of the Human Mr. Fauntroy can best serve the city in tury America. In England, John Bright Rights Conventions. this case by denouncing the Black United fought the long and arduous opening 20274 CONGRESSIONAL RECORD- SENATE July 9, 1968 battles for free trade. His stormy and ample of a co-religionist, John Bright-to come tax. He helped to get the Constitutional often difficult career as a champion af my mind the noblest political figure in Great Amendment through and the early schedules Britain in the 19th Century. For it was adopted. Then he tried to defend it against free trade foreshadowed the efforts of Bright with Richard Cobden who faced mobs, the marauders who sought to break in upon Cordell Hull and of Mr. Douglas himself and possibly death, to advocate free trade. He it. And always he was an advocate of free in this country. Following Bright's ex­ finally forced Great Britain to repeal the high trade. As a member of the House Ways and ample, and recognizing the inescapable protective tariffs of the Corn Laws and to Means Committee, he was the right hand connection between free trade and world launch out upon an era of free trade-an man of Woodrow Wilson and Oscar Under­ peace, Cordell Hull worked tirelessly for era which from 1846 to 1861 gave promise of wood in setting our path temporarily in the the lowering of barriers to foreign trade. sweeping the world and to which Britain direction of free trade and of undoing the Mr. Douglas praised Mr. Hull's master­ adhered for 85 years and under which she danger which had been done by the Dingley grew great and strong. and Payne Aldrich Tariffs. Then when stroke as Secretary of State: To be sure, Bright did this in part to America turned away from Woodrow Wilson's By the boldest possible interpretation of promote the sale of British textiles in return internationalism in 1920 and went hell bent "the most favored nation" clause, Hull pro­ for the cheaper wheat and farm products for Harding, Hull helped to lead the fight vided for the extension of these reductions to from America and Eastern Europe. This was against the Fordney Tariff of 1921-22, and the all other countries provided only that they both sound and practical. But Bright and Smoot-Hawley-Grundy Tariff of 1930. did not openly or overtly discriminate against Cobden as well were swayed primarily by In doing all this Hull, like Bright, was of American goods. their desire for peace. For if nations would course influenced by the economic interests • Following in the footsteps of these dis­ become interdependent in matters of trade, of his class and region. Tennessee and the Bright believed that the war drums would South needed farm markets in order to sell tinguished predecessors, Mr. Douglas beat less strongly in men's hearts and that their tobacco and cotton and it could not continues to advocate a policy of free by trading with each other men would be­ sell these abroad if the United States pre­ trade. As a Senator and as an economist, come more friendly because they would need vented farm nations from selling their tex­ Mr. Douglas has long been outspoken as each other. So Bright's life was integral on tiles, chemicals and steel to us. These were a. proponent of free trade and an ex­ the question of peace. He was for free trade honorable reasons that justify the existence tremely effective critic-of isolationist and because he bel~eved it would promote peace. for this association, but they were not all, protectionist policies. In his remarks he He campaigned for it even though the aristoc­ and while Hull did not have the religious op­ racy of England, dependent on lands and position to war which largely swayed Bright, makes several excellent suggestions for rent, wanted to lynch him. He was the same the old militia captain though of war as further steps that need to be taken by man who stood alone on the floor of the nasty, brutish, bloody, unspeakably cruel and the United States to lower the destruc­ House of Commons and opposed the Crimean degrading. He was at heart a man of peace. As tive and devisive barriers to free trade War and as he spoke of the Angel of Death one of the earliest supporters of Franklin so essential to world peace. being abroad in the land and that one could Roosevelt, it was only poetic justice, there­ I ask unanimous consent that Mr. almost hear the beating of its wings, that fore. that he should be named Secretary of Douglas' address upon receiP.t of the cynical body fell silent and knew in its heart State in the incoming cabinet. Hitler had just that he was right. And it was the same taken power in Germany; Mussolini ruled Cordell Hull Award be printed in the John Bright who in our Civil War was the Italy more tightly than ever; Britain had just RECORD, so that my fellow legislators may best friend in England of Lincoln and the abandoned free trade and gone in for Empire have the privilege of profiting from his North, for he knew that the Civil War was Preference. We had the highest tariffs in the perceptive remarks. at its base a struggle over slavery and, as world. By self-contained empires the world There being no objection, the address always, he chose freedom. He was as unpop­ was fast moving towards a bloody destination. was ordered to be printed in the RECORD, ular with the aristocracy then as he had The old judge from Tennessee did not been 30 · years earlier when he had carried know how to hold a cocktail glass, for they as follows: the battle for free trade up and down the took more potent libations in the hills. He After the terrible tragedy which has be­ length and breadth of England. He was fore­ had never read a. page of Proust. But he fallen Senator Kennedy, a discussion of for­ most in preventing Palmerston, Lord John knew what was going on. The world had eign trade seems both irrelevant and im­ Russell, and Gladstone from recognizing the started on the road to economic impoverish­ proper. We can only pray for his full and South-a step which might well have lost us ment and ultimate war. Hull set out to try complete recovery and I would suggest that the war. to reverse this trend. After Cleveland's ex­ we stand for a moment or two in silent And then in his old age-honored and at perience with the Wilson Tariff and Wilson's prayer for him. last admitted to the British Cabinet-he re­ troubles with the Underwood tariff, he knew But life must go on and the activities signed when Gladstone yielded to the imper­ that appreciable unilateral reductions were which we have scheduled press upon us­ ialists and bombarded Alexandria. He went probably politically imposstble for us, and and so I feel I should make my response, out into the political darkness again, dis­ that to attempt this again would probably insignificant as it seems after the events of honored by the world but as noble as ever. subject Congress to pressures from business today. So it was with reverence nearly 40 years ago which it could not resist. So, although a Let me say that I feel deeply honored at I journeyed on a cold December day to the believer in and practitioner of the legisla­ receiving the Cordell Hull Award for services north of England and stood in the Quaker tive process, he had long ago decided that which your honorable body alleges I have graveyard in Rochdale, beside the little the best course was to give to the President, given to the cause of free trade. Certainly marker which bore the name, John Bright, for a limited period of years, the power to that has been one of my major interests for and recalled the words of Trevelyan, "there negotiate trade agreements with other coun­ the last half century, for I learned a half in that humble house of peace he sleeps tries which would provide for a mutual and century ago from Adam Smith that if each amongst his own people." And as I stood by reciprocal lowering of tariffs. Then by the nation specializes in producing those goods that simple grave I formed the hope that in boldest possible interpretation of the "most and services which it could do best and then my day and generation I might try to do at favored nation" clause, Hull provided for exchanges these products with its neighbors least a little of what John Bright had stood the extension of these reductions to all other for those articles and services which they can for throughout his life. So believe me I take countries provided only. that they did not do best, all will have more than if each real pleasure in the fact that you evidently openly or overtly discriminate against Amer­ tried to be self-sufficient and spread its think that I have tried and that you believe ican goods. They could still remain, if they energies thinly over a wide range of products. that at least something has been achieved. chose, to be high tariff countries. Reciprocity And I learned at the same time from David I am very happy. was the key by which the entrance to lower Ricardo that even if we were better than And I am happy to accept this award also tariffs was begun, but once this was done the other countries in everything, it would still in the name of Cordell Hull, who in some most favored nation doctrine was used to be to our advantage if we specialized in those measure has been our American John Bright. universalize them. The mountain fox from products in which our comparative advan­ When he became Secretary of State in 1933, Tennessee had outwitted the sharp protec­ tage was greatest and then allowed other na­ the sophisticates tended to look down upon tionist lawyers of Wall Street. tions to specialize in those articles in which him and to take him lightly. He had not gone Progress was made in these negotiations our comparative advantage was least and in to an Ivy League college. He was a country under Cordell Hull on a country by country which they did best. So as an economist I be­ lawyer from the hills of Tennessee-in a sense basis, but more progress was made after the came a free trader. And I am proud to have a legal hillbilly, a m111tia captain and a war in the multi-lateral negotiations con­ been one all my life and never as a poll tician county judge who had gone to Congress and ducted under the auspices of GATI'. The iso­ to have hauled down the flag in any of my then to the Senate. All this was enough to lationists and protectionists prevented our political campaigns. lower his standard with the sophisticates, but joining GATT by treaty but they were cir­ But this was not all. Some have called me Hull knew his Adam Smith better than the cumvented by our joining by executive a war hawk because I do not want to turn high priced Wall Street lawyers who spent agreements. This gave rise to the Bricker Asia over to the Communists. But peace-a their energies trying to get favors for their Amendment which incidentally failed by one true, permanent and honorable peace and not wealthy clients at the expense of the public. vote when, as last man to vote, I cast what an appeaser's peace-has been an even deeper Hull, like Andrew Jackson, hated privilege came to be the deciding ballot. passion than mere economic advantage. and spent his life trying to lessen it. He be­ Steady 1f slow progress was made under And here I have been inspired by the ex- came America's greatest authority on the in- GATT and more and more nations came July 9, 1968 CONGRESSIONAL RECORD- SENATE 20275 under it, though not Mexico nor many of wholesale price if the common market would and necessary to do so. And as a defender the newer countries. After a long and hard speed up its second reduction by a year. of Cordell Hull's policy, I believe that the struggle we passed the Trade Expansion Act It was a good bargain and we will profit State Department has to convince the Amer­ in 1962 and then went through a long and from it in two ways. (1) a lower price for ican public that lt 1s a steady defender of agonizing seri~ of delays in getting an agree­ the American users of coal tar products and American interests and doesn't regard for­ ment under the Kennedy round just under (2) a greater foreign market for our exports, eign nations rather than ourselves as its the wtre before the 5 year negotiating power largely agricultural, during the years slice clients. of the President expired. of time which we have bought by giving up We do not have to be a patsy in order to It was a good agreement. We gave some­ something we never should have had at all. be a cooperator. We need steel as well as thing but the other countries especially the Let me turn now to the question of quotas basic good will in our resolution. common market also made some concessions. and other non-tariff barriers. These are not I think Mr. Roth and his staff did extremely in the GATT agreement. We have had a few well and I want to congratulate them on of them such as those on oil and sugar, and COPPER STRIKE WHIRLWIND NOW their work. at one time lead and zinc. We virtually im­ BEING REAPED That agreement applied only to customs posed some of these on Japan and other tariffs. It is in effect, but there remain two Asiatic allies so far as cotton textiles are Mr. FANNIN. Mr. President, several very important barriers to expanded trade, concerned. But from all I can learn, Europe months ago, to some Senators, I began (1) the practice we follow of charging tariffs and Japan have more such restrictions and to sound like a broken phonograph on coal tar chemicals on the basis of the Mexico and other countries can operate in a record. My song dealt with the disastrous American Selling Price-and (2) the wide­ strange and wonderful way by slowing up or spread existence of nontariff barriers to trade denying licenses. As a result of this and also effects of the prolonged copper strike, and such as the quotas, licenses and restrictions in a desire to undo the reductions in tariffs I repeated it over and over. of all lands. We have some of these but I am and schedules, synthetic textiles, iron and At that time I stated that the effects convinced that the foreign countries have steel (and I believe chemicals as well) are of this 8%-month labor stoppage were far more, and that we are more sinned all asking that we impose similar quotas and wide-ranging and, like ripples in a pond, against than sinning. restrictions. would bound and rebound, causing addi­ · Let us first take up the question of the I agree that the foreign restrictions are tional trouble with every wave. Some of American Selling Price which at Geneva, we bad and hurt us economically. They make agreed to try to give up in return for a pledge exporting more difficult and contribute to the troubles caused by this senselessly by the Common Market to speed up their the deficit in our balance of payments and prolonged dispute became immediately second reduction by a year. I am glad that to the gold drain. Our aim should be to re­ apparent. Several copper mines have not we have at last tracked down and identified duce these barriers and not to increase them. reopened, meaning less employment-­ this abominable snowman of the tariff As one who believes in the ultimate curative fewer job.s. Many of our best leaders in . Himalayas. power of truth, I think our officials have mining communities have moved to other Six years ago, when we were working on made a grave mistake in either not studying areas, their contribution to community the Trade Expansion Act, I began to hear these barriers to our commerce or, if they life to be forever lost. Many mining fam­ rumors that we had duties as high as 200 do know about them, concealing the facts to percent on certain unidentified schedules. from Congress and the public. In fact for ilies still face a long hard struggle I immediately studied the schedules and years I have unsuccessfully tried to locate recover from the financial crisis precip­ could find nothing remotely resembling such the second Abominable Snowman-namely ated in family finances when the pay­ a duty. But the rumors persisted. I then the llst of non-tariff barrierp erected against check is cut off for more than 8 months. tried to find out from the State Department us by foreign countries. I have repeatedly Whose conscience will carry the bur­ what there was to this rumor. The response heard that there is such a list but everyone den of a child whose college opportunity was charmingly evasive and noncommittal. blandly denies that they know where it can has been aborted because of this con­ Commerce did no better. Either the Snow­ be found. Perhaps they feel that if Con­ filet? Losses like these can never be meas­ man did not exist in reality or they did not gress and the country knew all about it, they know themselves, whether he did or they would in anger demand that retaU.atory ured. Mr. President, I am hopeful that believed that members of Congress could measures be taken. I am not afraid of this. we will soon put in power an administra­ not be trusted with the information. Then I want to see these barriers reduced and tion possessed of the courage to take law­ after the bill was passed I got the tip-off eliminated by foreign countries as well as by ful action to protect the people's interest from a private source. The Abominable our own. in these matters. Such tremendous losses Snowman existed all right and was not an And I suggest that the way to do this is in personal lives and fortunes must be illusion. It was covered up in a unique pro­ not by immediately slapping on similar un­ taken into consideration when we begin vision governing the computation of tariffs conditioned restrictions on our side. That on coal tar chemicals. Instead of computing will not lead to any reductions by the other to consider the pecessity for a restoration them as was done generally on wholesale nations. It is more likely to cause them to of order and balance in the whole field prices at points of origin, coal tar chemicals impose further restrictions. I propose in­ of labor-management relations. were computed on the basis of the American stead that we take at least three steps. However, there are even more lasting selllng price. (1) That the Joint Economic Committee effects that are coming home to haunt On the surface this would escape notice. which is the most impartial congressional us day by day. Our .trade policies, our But it was very important, for the American body which we have, and which takes the labor settlements, and our production selling price on these products was several longest view, start hearings very soon on the capability are all converging in some times higher than the continental price. A existence and nature of these barriers, for­ tariff of a given percent on the American eign and domestic. Senator Proxmire and sections of the copper industry to pro­ selllng price would be a tariff of many times Congressman Patman are giving that com­ duce very sticky situations indeed. this on the usual basis. While I had located mittee excellent leadership. And I urge the Mr. President, I ask unanimous con­ the Abominable Snowman, I could not do government officials to cease playing hide­ sent to have printed in the RECORD at anything about him. Somehow he had sur­ and-seek with the. facts and come clean by the conclusion of my remarks an article, vived throughout the 30 years of tariff re­ laying all its cards on the table. If defenders published in the Wall Street Journal, ductions. The four big chemical companies of these nations wish to testify this can be which points up some of the complicated headed by Dupont, Monsanto, and American done, and our own practices should not be Cyanamid had been able to keep this secret ignored. problems being encountered by our cop­ concealed from at least public gaze. The pro­ (2) That when the facts are known that per and brass fabricating industry. tectionist sea had sank around them but, they be fully publicized at home and abroad It is becoming increasingly apparent protected by the device of the American and a public appeal be made to the other that because the policy of this adminis­ Selling Price, their lofty peak had not been nations to give up all or some of their prac­ tration is so sold out to the bosses of big effectively detected. tices making clear that we are willlng to labor, we have sown the wind and are But 1f the officials in this country either make some changes also. reaping the whirlwind. did not know about this or chose to ignore (3) That if all this seems to fall, the of­ it, the Europeans were thoroughly aware of fending nations be told that if they persist, I am concerned about copper. Not only the facts. When we pushed for tariff reduc­ some retallatory action will almost certainly because it affects the vital national in­ tions, they countered by saying "abandon be taken by the American public and that terests of the Nation nor simply because American selling price on coal tar products." to avert this they should act. It is hard to the copper workers were used as pawns They correctly pointed out that the appllca­ think of such an alternative, but I am con­ by big unions serving almost as front tion of a uniform percentage of reduction to vinced that there must be steel as well as rank "cannon fodder" in their drive for this grossly infiated price base would still good will in our move towards broader trade coalition bargaining, but primarily be­ make entrance of foreign coal tar chemicals and greater prosperity for all. We need not be in the United States practically impossible. a patsy to be cooperative. cause Arizona produces well over half of Our representatives fought to retain the Paraphrasing a famous passage from Pres­ the Nation's copper, and copper is inex­ Snowman, but their position was morally ident Kennedy's Inaugr~l: we should never tricably bound up in the economic health and logically weak and so they agreed to try retaliate from fear, but we sho~ld never fear of many of our western States. If we con­ to change it to the customary foreign to retaliate, and I would add, when it is wise tinue to allow big labor to team up with C:XIV--1277-Part 15 20276 CONGRESSIONAL RECORD- SENATE July 9, 1968 big politics and play fast and loose with pounds of copper and copper alloy products. tion to them to emulate this "new breed'• an important segment of our national Other surveys, however, call such . reports in the highest service of our Nation. economy, then I think it time that the "vastly exaggerated." . The Copper Develop­ ment Association believes the loss to substi­ I ask unanimous consent that the arti­ rest of the Nation be put on notice that tutes as a result of the strike was less than cle be printed in the RECORD. the storm clouds are very dark. If one 1% of the market. There being no objection, the article section of the economy can be sold down In any case, jmports are taking far more was ordered to be printed in the RECORD,. the river for political expediency, then sales away from U.S. fabricators than substi­ as follows: no other economic entity-be it a basic· tutes. They have taken over almost com­ SIX MONTHS IN TONKIN GULF-BIG E WINS industry or an entire region of the United pletely the market for thin-wall brass tube CASE J'OR RICKOVER, SUPPORTERS OF A Nu­ States-may consider itself safe. used by plumbers and supply as much as CLEAR NAVY 28% of the copper and copper alloy foil used There being no objection, the article in auto radiators and similar heat exchanger (By Keyes Beech) was ordered to be printed in the RECORD, equipment. [Aboard carrier Enterprise in Tonkin Gulf} as follows: LOWER PRICES ANTICIPATED The nuclear-powered carrier is here to stay, COPPER ITEM IMPORTS TO UNITED STATES IN­ not only because it is a superior fighting ship OUT Part of the import surge in the first four CREASE, FORCING FABRICATORS To months of 1968 has been attributed to a but because in the long run it wlll prove PRICES slackening demand for domestic products in more economical than conventional oil­ (By Stephen Grover) anticipation of lower domestic prices. powered carriers. NEw YoRK.-U.S. copper fabrications, long Once raw copper production catches up That is the not very surprising view of haunted by the threat of substitute mate­ with strike-created demand, its price is ex­ Capt. Kent L. Lee, 46, a South Carolina farm rials, notably aluminum, face a new spec­ pected to drop somewhat, reducing the price boy who enlisted in the Navy in 1940 and ter-imports. for fabricated products. But brass mill offi­ rose from the ranks to become captain of the Copper-bearing tubing, wire and rod from cials attribute most of the increase in 1m­ Navy's only nuclear-powered carrier, the the brass m!lls of Western Europe and Japan ports to the imports' lower prices, averaging Enterprise. are the new contenders. They have boosted about two or three cents less per pound of The "Big E" and its 5000 officers and men foreigners' share of the U.S. copper products copper content. are scheduled to return to the United States market to 12% currently from 7.5% a year They complain of foreign government sub­ later this month after six months on Yankee ago, according to the Copper and Brass sidies to exported brass mill products, for­ Station in the Tonkin Gulf. Its 100 jet air­ Fabricators Council Inc., a trade group. eigners cutting their export pdces below craft have been pounding North Vietnam U.S. Department of Commerce figures in­ their own domestic prices and U.S. tariff round-the-clock. dicate fabricated copper imports will exceed cuts, which they say are too large in propor­ What first strikes the land-bound visitor $200 million this year, up sharply from $122 tion to those made by other nations in recent about the Enterprise is that it is there-a million last year (when users dipped into in­ international trade agreements. bristling 25-story island of American power ventories during the marathon copper strike Fabricators believe some U.S. domestic cruising warm, blue tropical waters in the that began in July) and up from $152.9 mil­ trade regulations aggravate the problem, too. strangest war the United States ever fought. lion in 1966. When Yugoslav sheet copper was recently of­ The second impression is that such a mag­ Imports are driving some prices down as fered in scattered parts of the U.S. at 10% nificent example of American technology and well. For example, a minimum lot of 10,000 below the U.S. price, for example, the impact its superbly trained men should be devoted to such unworthy targets as trucks, sampans pounds of 1 ~-inch, · 70% -copper tubing is ranged beyond simple sales competition. Not quoted by American fabricators at 68 cents only did U.S. brass mills have to cut their and barges. The Navy's answer 1s that the to 70 cents a pound. But they concede that prices to meet the Yugoslav imports in the very eXistence of the destructive power rep­ imports selling for 10% less have forced them areas where the imports were sold; they had resented by the Enterprise is a guarantee that into some sharp discounting; and they ex­ to offer their discounts over a far wider area it won't have to be used for what it was in­ pect more to come. to avoid charges of price discrimination tended. The third impression is the curious remote­ FOREIGN LABOR COSTS LOWER under U.S. law. "It's like Pandora's Box," moans one brass ness from the ugly realities of the war that Lower foreign labor costs are behind the mill otllcial. "There's no telling what it will the majority of the men aboard the Enter­ import surge. Although producers quote raw lead to." prise have. This statement does not apply to copper at 42 cents a pound in the U.S., fa.r the pilots, who must fty through a carpet less than the 51 cents spot price currently of antiaircraft fire in pursuit of those trucks quoted on the London Metal Exchange, the NUCLEAR AIRCRAFT CARRIER and sampans. American labor cost in fabricating more ''ENTERPRISE" But very few of the Americans aboard this than makes·up the difference. massive ship, with its 4% acres of ftlght deck, "The increase in wages we granted at the Mr. JACKSON. Mr. President, a fine have ever seen a Vietnamese, dead or allve. end of the recent copper strike 1s about the newspaper article concerning the latest In this respect they a.re.Ilke the Guam-based same as the total wages of a European brass deployment of our first, and only opera­ B-52 bomber crews. mlll worker," says an official of a U.S. copper tional, nuclear aircraft carrier, Enter­ That the Defense Department has decided company. prise, has come to my attention. It was to buy the Navy a second nuclear-powered Wage increases won by U.S. copper miners carrier, to be named the Nimitz after the and brass mill employes last March after an written by Keyes Beech, a special re­ Second World War hero, Adm. Chester 8Yz-month strike came to about 5·5 cents porter for the Philadelphia Inquirer, Nlmltz, 1s enough to vindicate the disciples an hour in cash and about twtce that when while aboard the Enterprise in the Ton­ of Vice Adm. Hyman Rickover, father of fringe benefits are included. Added to a 1967 kin Gulf, and was published in the In­ nuclewr naval power. average U.S. brass mill wage of U.07 (includ­ quirer of June 18, 1968. What convinced the doubters, says Lee, was ing 78 cents an hour in fringe benefits) the The article reflects the growing list of the performance of the Enterprise plus the increase brough.t the American worker's av­ experiences under actual battle condi­ revolutionary development of nuclear power. erage salary to eo.17 an hour. tions establ1sh1ng the superiority of nu­ Last year, he said, more nuclear power plants The average British brass mill worker, by were sold in the United States than the con­ contrast, earned $1.16 an hour in 1967 (or clear power for first-line warships. The ventional kind, meaning the cost of nuclear $1.35 an hour before last November's de­ great superiority of carriers with nuclear power has been reduced to where it is com­ valuation of the pound). Comparable hourly propulsion is attested to by the opera­ mercially feasible. wages are $1.15 in West Germany; 69 cents­ tions in the CUban blockade, the Mediter­ The Enterprise, commiSsioned in 1961, has in France; 63 cents in Japan, and in Yugo­ ranean crists, and three deployments in eight nuclear reactors generating 200,000 slavia, a big exporter of brass products to Vietnam. horse power. By contrast, the Nimitz will need the U.S., 80 cents. Special mention seems appropriate of only two reactors to get the same power. The bright spot for American fabricators 1s A spokesman for a nuclear Navy, Lee was llmlted European capacity. "They couldn't the outstanding "new breed" of skippers recently selected for rear admiral. He holds take the market away from us if they wanted in our nuclear navy as exemplified by a master's degree in physics and, like all key to," says James Boyd, president of Copper Adm. Kent Lee, the present skipper otllcers assigned to nuclear vessels, he had Range Co., New York, a major producer and of Enterprise, who is quoted 1n this arti- one year's training in nuclear power with :t:abrlcator. cle. Admiral Lee-who started as an en­ the Naval Reactors Branch of the Atomic But the imports, coupled with the threat listed man and became an admiral at Energy Commission. of substitute materials, itself aggravated by 46-was very carefully selected on the The Enterprise has already made naval his­ the lengthy strike, worry copper men. basis of rigorous qualifications and tory by cruising 200,000 miles in three years According to a recent study by Herman B. standards, as are the other skippers of without refueling or overhaul. Its second Director Associates Inc., a Washington, D.C., nuclear core was installed in 1965 and is ex­ market research firm with both aluminum our nuclear navy. pected to last fOUil" years. and copper companies among its clients, the I hope that this article will come to In 1969, the Enterprise will refuel for a copper industry has retained only 82% of its the attention of young men throughout third time, for 10 to 15 years. "We are simply annual per-strike market of 6.5 billion our country and be a source of stlmula- putting more fuel in the same space," Lee July 9, 1968 CONGRESSIONAL RECORD- SENATE 20277 said. "The problem was how to control it (the tively involved in the New Mexico case as CONCLUSION OF MORNING fuel) and now we've licked that." amicus curiae-friend of the court-testify­ BUSINESS The Enterprise cost $444 million, twice as ing to its belief that a state should regulate much as conventional powered carriers of the its resident wildlife, even on federal land. The PRESIDING OFFICER. Is there same size. And it costs from 8 to 10 percent But, opposition to bills introduced in Con­ further morning business? If not, morn­ more to operate. But Lee contends that over gress, such as the one introduced by Senator ing business is concluded. the long haul it is actually cheaper to operate Paul Fannin, is being solicited by at least than an oil-powered carrier. one national conservation organization-The One reason is the savi-ng in corrosion costs, Audubon Society. LEGISLATIVE APPROPRIATIONS, he said. "I don't mean that we don't have In the May-June issue of Audubon, the corrosion on the Enterprise," Lee said, "but Society claims that the bills threaten fed­ 1969 it's far less than you get from the stack gases eral conservation programs. They say, on Mr. BYRD of West Virginia. Mr. Pres­ that spill from an oil-burner. Nuclear power the one hand, that they support the concept ident, I ask unanimous consent that the is simply cleaner." of state authority over resident wildlife. "When RobertS. McNamara was Secretary But, in the next breath, they claim that Senate proceed to the consideration of of Defense everything was based on cost such legislation would ( 1) make the Park Calendar No. 1330, H.R. 18038. analysis," Lee said. "That was the era of Service vulnerable to state and hunter pres­ The PRESIDING OFFICER. The bill studies. Some of them were ridiculous. We sure for hunting in national parks (2) would will be stated by title. had enough studies to sink this ship. The cripple the authority of the Bureau of Sport The BILL CLERK. A bill (H.R. 18038) question was not what a nuclear-powered Fisheries and Wildlife to manage the nation's making appropriations for the legislative carrier could do but whether it was worth wildlife refuges (3) would repeal federal laws branch for the fiscal year ending June 30, the additional cost. McNamaa-a decided it protecting bald and golden eagles ( 4) would 1969, and for other purposes. wasn't." nullify essential parts of the Endangered As a result, Lee said, the United States Species Preservation Act of 1966. The PRESIDING OFFICER. Is there built two more oil-burning carriers-the The article says that "this states rights objection to the present consideration America and the John F. Kennedy. Now, with measure must be defeated." This is followed of the bill? the Nimitz, it has gone back to nuclear up with a list of the membership of Congres­ There being no objection, the Senate power. sional committees involved and a plea to the proceeded to consider the bill. Aside from its ab111ty to cruise almost in­ membership to write. Mr. BYRD of West Virginia. Mr. Presi­ definitely without refueling or replenish­ ' Now I know that the executives of the dent, I suggest the absence of a quorum. ment, the nuclear carrier can shift from all­ Audubon Society are astute individuals: So, stop to a top speed of 30 knots at a moment's they are fully aware that the key bills in­ The PRESIDING OFFICER. The clerk notice. troduced say that "nothing in this act shall will call the roll. The engine box of the Enterprise is no be construed as affecting" ( 1) any authority The bill clerk proceeded to call the bigger than that of a conventional carrier. of the United States to control and regulate roll. Because it has no need to store fuel oil, it the taking of fish and wildlife under any in­ Mr. PROXMIRE. Mr. President, I ask can carry twice as much jet fuel for its planes ternational treaty or convention to which the unanimous consent that the order for the and twice as much ordnance, Lee said. United States is a party, with respect to those quorum call be rescinded. species of fish and wildlife expressly named The PRESIDING OFFICER. Without therein (2) any authority of the United STATE OWNERSHIP OF WILDLIFE States in and over areas over which the objection, it is so ordered. states have ceded exclusive jurisdiction to Mr. PROXMIRE. Mr. President, the Mr. FANNIN. Mr. President, sometime the United States (3) any authority of the bill pending before the Senate, I under­ ago I introduced a bill which outlines United States over any species of fish and stand, is the legislative branch appropri­ what needs to be done in the manage­ wildlife ceded or granted to it by any state ation bill for fiscal year 1969. ment of fish and wildlife on Federal lands (4) the authority and responsib111ty of de­ The PRESIDING OFFICER. The Sen­ within the boundaries of a State. With partments or agencies of the United States ator is correct. on lands owned or controlled by the United certain significant exceptions, all of States. Mr. PROXMIRE. This bill, H.R.18038, which are carefully outlined in the bill, The experts say that these exemptions an­ recommends appropriations in the the thrust of the proposed legislation swer the Audubon Society's complaints. So amount of $298,151,396. This is an in­ would be to clear up the confusion that why all the fuss? crease of $50,654,047 over the House­ presently exists and more specifically to Couldn't they have pointed out that Sen­ approved bill, but $10,746,137 under the spell out the principle that the States are ator Fannin's blll does, in fact, include items estimates presented to the Congress. closest to the people, more familiar with which overcome their objections? Couldn't The bulk of the increase over the they have asked for support for Senator House-passed bill represents the appro­ the problem and therefore best equipped Fannin's b1ll if they are truly in favor of to handle these matters. "states rights?" priations recommended for the opera­ Mr. President. I am not attempting to No, they took a negative stand. They want tions of the Senate, $47,082,247, and for present another argument for the bill states rights legislation defeated. Why? Could the maintenance and operation of the here. but simply restating the salient it be possible that federal and landowner Senate Office Buildings and the Senate points. I ask unanimous consent that a control of wildlife would make it easier for garage, under the Architect of the most perceptive editorial written by Mr. the Audubon Society and other groups to put Capitol, in the total amount of $2,941.- a stop to all hunting and fishing? 200, and $400,000 for the Joint Inaugural N. A. "Bill" Winter. Jr.• editor of the Frankly, the sportsmen groups, nationally, Arizona Wildlife Federation's Sports­ have done and are doing more for the con­ Committee-which items were not con­ men's News, be printed in the RECORD. servation and wise use of fish, wildlife, and sidered by the House in accordance with There being no objection, the editorial natural resources of this country than any longstanding practice. Likewise, the was ordered to be printed in the RECORD, other group. Yet, we are continually sub­ Senate committee did not review nor as follows: jected to the Sly needles, the innuendos, the amend those items in the bill pertaining digs, jibes, taunts, cutting remarks, slaps, FRoM THE EDrroa's DEsK to the House of Representatives. Exclu­ raps, slams, hoots, catcalls, and poohpoohs (By N. A. "Bill" Winter, Jr.) sive of these Senate items. then. the from the anti-hunting, anti-fishing groups. committee blll is only $230,600 over the Without a doubt, one of the most impor­ A good example of this 1s the following re­ House-passed bill. tant issues !acing us at the present time is mark published in the bulletin of the Good the issue of "states rights" in the manage­ Outdoor Manners Association-"Congress se­ The legislative branch appropriation ment of resident fish and wildlife. lected the eagle as the national bird in 1789 bill provides funds for the various func­ Should the Department of Interior be suc­ -and he's been chosen by hunters ever tions and activities of the Senate. the cessful 1n its appeal of the New Mexico court since." House of Representatives, the Architect decision, or should the "states rights" b1lls It's just about time for these people to of the Capitol, Botanic Garden. Library introduced in Congress fail to pass, wildlife grow up, recognize the contributions sports­ of Congress, Government Printing Of­ management (including fishing-hunting reg­ men are making, recognize controlled hunt­ fice, and the General Accounting Office. ul&tions and licensing) would be thrown into ing and fishing as legitimate recreation ac­ Details of the committee recommenda­ chaos. tivities and start helping us solve the major tions may be found in the body of the To date, a number of major organizations problems facing us today. have publicly supported the position of the But, no, it seems they would rather work report and in the tabulation at the con­ states. The International Association of to eliminate the hunting of dove-never­ clusion of the report, which is before Game, Flsh and Conservation Commission­ mind the phreatophyte removal programs Members of the Senate. ers, the Sport Fishing Institute, The Wildlife that will eliminate 90% of the prime dove Specifically, recommendations 1n the Management Institute, and the National nesting habitat. It doesn't make sense, does amount of $57,500,000 were approved for' Wildlife Federation. The Federation is ac- lt? the General Accounting Office; $39 mn .. 20278 CONGRESSIONAL RECORD- SENATE July 9, 1968 lion for the Government Printing Office; vide flexibility for temporary emergency Committee on Standards and Conduct, $40,638,800 for the Library of Congress; situations. Chief Powell explained: will result in a practical and equitable and a total of $16,179,700 for the Archi- In previous estimates for all requests for adjustment of allowances commensurate teet of the Capitol. This latter appropri- personnel no allowance has even been made with the present-day requirements and ation account includes Capitol buildings for any absentees due to use of annual or duties of the office of U.S. Senator. and grounds, Library buildings and sick leave, nor has any surplus of personnel Mr. President, I ask unanimous con­ grounds, and the Botanic Garden. been considered for use in emergency sit- sent that the committee amendments With respect to the increases in the uations except to strip certain posts tern- be agreed to en bloc, and that the bill as items under the Architect of the Capi- porarily. thus amended be regarded for the pur­ tol, $230,600 is the sum required for the He said further: pose of amendment as original text, construction of rooms in the light shaft At present, due to the shortage of men, provided that no point of order shall be in the Senate wing of the Capitol, simi- caused by additional security posts and our considered to have been waived by rea­ lar to the work performed in the House failure to consider the vacuum created when son of agreement to this order. wing several years ago. This light shaft members of the force use annual or sick The PRESIDING OFFICER

"ADMINISTRATIVE AND CLERICAL ASSISTANTS TO rate of not exceeding $2.42 per hour per control and supervi&ion of the Architect of SENATORS person, $43,790." the Capitol; in all, $2,878,900." "For admin1strative and clerical a&Sistants On page 6, after line 7, insert: On page 23, after line 18, insert: and messenger service for Senators, $21,- "MAIL TRANSPORTATION "SENATE GARAGE 279,720." "For maintaining, exchanging, and equip­ "For maintenance, repairs, alterations, per­ At the top of page 4, insert: ping motor vehicles for carrying the malls sonal and other services, and all other neces­ "OFFICE OF SERGEANT AT ARMS AND and for official use of the offices of the Sec­ sary expenses, $62,300." DOOR~EEPER retary and Sergeant at Arms, $16,560." On page 34, after line 9, insert: "For office of Sergeant at Arms and Door­ On page 6, after line 11, insert: "SEc. 105. Effective July 1, 1968, the com­ keeper, $4,601,608: Provided, That, effective "MISCELLANEOUS ITEMS pensation of captains, Capitol Police Force, July 1, 1968, the Sergeant at .Ariru; is au­ shall be $13,348 per annum each, the com­ "For miscellaneous itetns, exclusive of pensation of lieutenants and special officers, thorized to employ the following additional labor, $4,348,335, including $398,000 for pay­ employees: one programmer at $14,100 per Capitol Pollee Force, shall be $11,280 per an­ ment to the Architect of the Capitol in ac­ num each, the compensation of sergeants, annum; one programmer-operator at $8,460 cordance with section 4 of Public Law 87-82, per annum; one color film technician at $9,- Capitol Police Force, shall be $9,400 per an­ approved July 6, 1961." num each, and the compensation of privates, 776 per annum; one assistant chief cabinet­ On page 6, after line 16, insert: maker at $9,024 pe.r annum 1!n lieu of one Oapitol Police Force, shall be $7,144 per an­ cabinetmaker at $8,084 per annum; sixty­ "POSTAGE STAMPS num each." one additional privates, police force at $7,144 "For postage stamps for the offices of the Mr. PROXMIRE. That concludes my per annum each; four assistant chief tele­ Secretaries for the Majority and Minority, phone operators at $7,896 per annum each $180; and for airmail and special delivery presentation, Mr. President. I shall be in lieu of five at such rate; twenty-seven stamps for the otllce of the Secretary, $200; pleased to endeavor to answer any ques­ telephone operators at $6,204 per annum each office of the Sergeant at Arms, $160; Sena­ tions any Member may have. in lieu of thtrty-one at such rate; and the tors and the President of the Senate, as au­ Mr. KUCHEL. Mr. President, I speak compensation of the shipping and stock thorized by law, $108,480; and the maximum briefly as the ranking minority member clerk, recording studio shall be $6,768 per allowance per capita of $800 is increased to of the subcommittee. I have enjoyed the annum in lieu of $5,640 per annum: Pro­ $960 for the fiscal year 1969 and thereafter: experience, together with niy friend vided further, That appointees to the Capitol Provided, That Senators from States par­ Police Force positions authorized herein shall tially or wholly west of the Mississippi River from Wisconsin, the acting chairman of have the equivalent. of at least one year's shall be allowed an additional $240 each :fis­ the subcommittee, in presenting this police experience." cal year; in all, $109,020." legislative appropriation bill to the Sen­ On page 4, after line 18, insert: On page 7, after line 3, insert: ate. "OFFICES OF THE SECRETARIES FOR THE "STATIONERY (REVOLVING FUND) One of the items· of particular impor­ MAJORITY AND THE MINORITY "For stationery for Senators and the Pres­ tance to the Members of Congress and th:e "For the offices of the Secretary for the ident of the Senate, $303,000; and for sta­ people of the country is the security of Majority and the Secretary for the Minority, tionery for committees and officers of 'the this building. I think that to achieve $180,480." Senate, $13,200; in all, $316,200, to remain security we are going to have to look for­ On page 4, after line 22, insert:- available until expended." ward to a law-enforcement establish­ "OFFICES OF THE MAJORITY AND MINORITY On page 7, after line 8, insert: ment recruiting professionals only, free WHIPS "COMMUNICATIONS from any so-called patronage positions. "For four clerical assistants, two for the ''For an amount for communications Second, I think the pay of a person in Majority Whip and two for the Minortty which may be expended interchangeably, in uniform on the police force in the Capi­ Whip, at rates of compensation to be fixed accordance with such limitations and re­ tol should be completely commensurate by the respective Whips, $19,928 each; in all, strictions as may be prescribed by the Com­ with the pay to be received by those who $39,856." inittee on Rules and Administration, for guard the White House or those who On page 5, after line 2, insert: payment of charges on otllcial telegratns and labor professionally for the District of long-distance telephone calls made by or on "OFFICE OF THE LEGISLATIVE COUNSEL OF THE Columbia. SENATE behalf of Senators or the President of the Senate, in addition to those otherwise au­ The subcommittee, under the acting "For salaries and expenses of the Office of thorized, $15,150." charimanship of the Senator from Wis­ the Legislative Counsel of the Senate, $342,- On page 7, after line 17, insert: consin [Mr. PROXMIRE], took a giant 180." ''ADMINISTRATIVE PROVISIONS step forward toward achieving parity. I On page 5, after line 6 •.. insert: congratulate the Senator for his leader­ "CONTINGENT EXPENSES OF THE SENATE "Emergency overtime compensation au­ thorized by House Concurrent Resolution 785, ship in that instance because I think it "SENATE POLICY COMMITTEES Ninetieth Congress shall be paid from the is a forward step. I also observe, al­ "For salaries and expenses of the Majority appropriation "Salaries, Officers and Em­ though the distinguished Senator has Policy Commtttee and the Minority Policy ployees, Office of Sergeant at Arms and Door­ fully covered the matter adequately, that Committee, $240,150 for each such commit­ keeper", fiscal years 1968 and 1969." the bill does contain provisions for over­ tee; in all, $480,300." On page 15, after line 20, insert: On page 5, after line 11, insert: time for those in the police establish­ "JOir-JT COMMITTEE ON INAUGURAL CEREMONIES ment. "AUTOMOBILES AND MAINTENANCE OF · 1969 Mr. President, all in all, it seems to me "For purchase, exchange, driving, ma!nte­ "For construction of platform and seating that the bill before us now constitutes nance, and operation of four automobiles, stands and for salaries and expenses of con­ an excellent and a fair recognition of one for the Vice President, one for the Presi­ ducting the inaugural ceremonies of the dent Pro Tempore, one for the Majority Lead­ President and Vice President of the United the needs of the legislative branch. On er, and one for the Minority Leader, $48,700." States, January 20, 1969, in accordance with that basis I trust the bill will be speedily On page 5, after line 16, insert: such program as may be adopted by the joint passed by the Senate. ''FURNITURE committee authorized by concurrent resolu­ AMENDMENT NO. 879 "For service and materials in cleaning and tion of the Senate and House. of Representa­ Mr. WILLIAMS of Delaware. Mr. Pres­ repairing furniture, and for the purchase of tives, $400,000." ident, I have always taken the position furniture, $31,190: Provided, That the fUr­ On page 22, 11ne 22, after the word "Capi­ tol", strike out "$1,'779,600" and insert "$2,- that Senators should have an adequate niture purchased is not available from other allowance to run their offices and per­ agencies of the Govem~ent." 010,200". On page 5, after line 21, insert: On page 23, after line 6, insert: form the official duties of that office. "SENATE OFFICE BUILDINGS However, I have also taken the posi­ "INQUffiiES AND INVESTIGATIONS "For maintenance, miscellaneous items and tion that to the extent any portion of "For expenses of inquiries and investiga­ any allotment to a Members' office is not tions ordered by the Senate, or conducted supplies, including furniture, furnishings, pu:rsuant to section 134(a) of Public Law and equipment, and for labor and material used for the official purpose for which it 601, Seventy-ninth Congress, including $412,- incident thereto, and repairs thereof; for pur­ was appropriated it should automatical­ 360 for the Committee on Appropriations, chase of waterproof wearing apparel, and for ly revert-and I emphasize the word "au­ to be available also for the purposes men­ personal and other services; including eight tomatically"-to the Federal Treasury. tioned 1n .Senate Resolution Numbered 193, attendants at $1,800 each; for the care and Just as we do not permit anyone in pri­ agreed to October 14, 1943,- $6,221,585." operation of the Senate Office Buildings; in­ vate industry to chisel with respect to ex­ On page 6, after line 3, insert: cluding the subway and subway transporta­ tion systems connecting the Senate ·omce pense accounts, the same thing should "FOLDING DOCUMENTS Buildings with the Capitol; uniforms or al­ be true of Government service. "For the employment of personnel for lowances therefor as authorized by law (5 For most of the items and allowances, folding speeches and pamphlets at a gross U.S.C. 5901-5902), to be expended under the such as airmail and special delivery 20280 ~ONGRESSIONAL RECORD- SENATE July 9, 1968 stamps, telegrams, and telephone calls further at this time. There are not many the man who. can afford to dip into his and many other items, it is spelled out Senators iii the Chamber. I do not know private resources can afford to serve in in the law that, to the extent they are to what extent Senators may wish to the Senate. not needed, the remainder is not avail­ speak with reference to the amendment; On the other hand, all the amendment able to the Member but automatically therefore, before voting I shall call for a provides is that to the extent the money reverts_to the Treasury. quorum. is not needed it automatically reverts to There is one exception to which that Mr. PROXMmE. Mr. President, first 1 the Treasury. There are States--! cite rule does not apply, and that exception wish to congratulate the Senator for my own-where we do not need the full relates to stationery. In connection with bringing up the amendment. The Sena­ amount, and at times it may also be true the stationery allowance at the end of tor has been a bulldog in connection with of the larger State. So, to the extent each year, if the Member has an unused this provision. He has prevailed in previ­ we do not need it that money should ­ portion it can be withdrawn for his own ous years in the Senate. But in past years automatically go back to the Federal personal use. Under the rules it is auto­ the conference committee rejected the Treasury. It is not a part of our com­ matically available to him if he wishes to amendment. This year the Senator may pensation. That is all that is provided in withdraw it. That is wrong. have a winner. I hope so. the amendment. In one or two instances Members have I do not see why this proposal should The Senator from California knows not drawn the stationery allowance over not be accepted, especially in view of the that I have joined him on numerous a period of years and when they died fact that the Senator provides in his occasions heretofore in providing for the accumulated amount was paid to amendment for an opportunity, if the adequate allowances to take care of their estates. Committee cr.. Rules and Administration operating the offices of the larger States, It was never intended that these allow­ should deem it wise to do so, to include and I will do so again. · ances be available as a supplement to our other items in the stationery allowance, I do not offer this amendment as an salaries. if they felt it appropriate. It seems to economy measure at all. I do not offer it On numerous occasions I have offered me that this is a proper and desirable way in that spirit. I do so in the spirit of what an amendment which would spell out in which additional items might be cov­ is right and what is wrong. specifically that any unused portion of ered if Senators feel the stationery lim­ To the extent that there is any amount this stationery fund for either House or itation too restrictive. left over in any of these expense al­ Senate Members would automatically I think the amendment is a good lowances it should revert back to the revert to the Treasury. This provision was amendment. I am happy to support it, Treasury, and it does revert back to the agreed to by the Senate but then has and I shall vote for it. Treasury in every case except this one. been lost in conference. One of the argu­ If the Senator is ready for a vote, I As the Senator from Wisconsin sug­ ments that has been made is that the would suggest the absence of a quorum so gested a few moments ago, I suggest we Senate should not try to tell the House that Senators may be notified. have a quorum call at this point to see of Representatives how to write its rules. Mr. KUCHEL. Mr. President, before if anyone else wishes to discuss this I believe this rule should be applicable to the Senator suggests the absence of a amendment, Mr. President; and I suggest both the Senate and the House of Rep­ quorum, I wish to make the RECORD clear. the absence of a quorum. resentatives because the bill deals with l want to say in the beginning that this The PRESIDING OFFICER. The clerk these funds for both the House of Rep­ problem is moot as far as the Senator will call the roll. resentatives and the Senate. from California is concerned, and I The assistant legislative clerk pro­ However, in order to make some prog­ rather imagine it is moot with respect to ceeded to call the roll. ress in connection with the abuse, after any Senator from a State of many mil­ Mr. PROXMffiE. Mr. President, I ask discussing the matter with the chairman lions of people. unanimous consent that the order for the of the subcommittee I have confined this The tragic fact is that there is not quorum call be rescinded. amendment to the Senate only. The enough stationery allowance for a Sena­ The PRESIDING OFFICER. Without Senator from Wisconsin who has con­ tor coming from a State which has a objection, it is so ordered. sistently supported this position over the population of 10 million, 15 million, or 20 The question is on agreeing to the years has suggested that we make this million. I frankly scrounge around for amendment of the Senator from Dela­ amendment applicable to the Senate only enough stationery from the offices of ware. and let the House write its own rules. friends, including my friend from Dela­ The amendment was agreed to. Mr. President, accordingly I call up my ware. Mr. WILLIAMS of Delaware. Mr. amendment No. 879 and ask that it be Having made that statement, I wish President, I move to reconsider the vote stated. to >ask the Senator lbhe foBowing ques­ by which the amendment was agreed to. The PRESIDING OFFICER (Mr. BuR­ tion. Does the provision in the amend­ Mr. KUCHEL. Mr. President, I move to DICK in the chair). The amendment will ment following "(2)" apply to purchases lay that motion on the table. be stated. of stationery made in the home Strute of The motion to lay on the table was The assistant legislative clerk read as the individual Senator? -Is fuat whi8Jt the _agreed to. follows: Senator has in mind? STATEMENT CONCERNING THE GAO APPROPRIA- On page 34, between. Ltnes 16 and 1'7, oinser.t :Mr. WILLIAMS of Delaware. Yes. The TION IN H.R. 18038 the following: most of the stationery 1s purchased from Mr. PROUTY. Mr. President, I want "SEc. 106. The sta:tio.nery allowa.n.ce, a.s Ml­ the stationery store in the Orupitol. thorized by law, for each Senator shall here­ to make a brief comment concerning the However, a Senator who operates an of­ committee's recommended appropria­ after be available only for (1) purchases fice back in a state, particularly a State made through the Senate stationery room of tion for the General Accounting Office. stationery and other office supplies for use as far removed from the Capitol as the While the Senate report on the legis­ for official business, and (2) reimbursement State·of my friend from California, may find it more convenient to buy the sta­ lative branch appropriation bill makes upon presentation within thirty days after no comment concerning the GAO appro­ the close of the fiscal year for which the al­ tionery locally. In that event the itemized lowance is provided, of receipted invoices for invoice can be submitted and he could priation, the' House report does. purchases elsewhere of stationery and other be rei-mbursed :for tlhe expense of his of­ I ask unanimous consent, Mr. Presi­ omce supplies (excluding items not ordinarily fice. dent, that the portion of the House re­ available in the Senate stationery room) for I might say to the Sermtor from Oali­ port concerning the GAO appropriation use for official business in an office main­ RECORD :forn'ia th:S~t I am aware of the problexn be inserted in the immediately tained by a Senator in his home State. Any following my remarks. part of the allowance for stationery which that confronts some of ~the senators remains unobligated at the end of the fiscal ·from 'Ule larger StaJtes. I have consist­ The PRESIDING OFFICER. Without year 1969 or any subsequent fiscal year shall ently taken the position, as he well objection, it is so ordered. be withdrawn from the revolving fund estab­ knows, lthat the Senate should provide lons requested. and granted to the Comptroller General for evaluating the ef­ years of that decade were nominal none GAO. ficiency and effectiveness of entire major amounting to as much as l percent. ' Mr. Weitzel went on to say t hat the GAO :Programs with statutory reporting deadlines. The overall trend of appropriations for the has been able to reduce its manpower needs To do so would tend to diminish the flexi­ GAO is set forth in Table II attached to this in other ways. He oited first the internal report. That table shows in detail the de­ management survey. bility of the Office in examining all the pro­ creasing size of the agency's budget from He cited next the recommendation GAO grams and expenditures of the Government year to year between 1946 and 1954, and the made to Congress, and w)lich the latter ac­ now estimated at upwards of $186 billie~ increases each year slnce 1955. The rate of cepted, that the settlement of stale claims for fiscal 1969. And if carried too far, it decline in the first period and the rate of be made by the departments involved rather would in subst!mce considerably duplicate growth in the second were uneven. From 1946 than by the Comptroller General. In addi­ the expense of oversight staffs and· specdal to 1954 the annual rate of decline in appro­ tion, Congress shifted responsibility for "investigative" committee expenditures. priations was 8.29 percent. From 1955 through settling accounts for deceased personnel July 9, 1968 CONGRESSIONAL RECORD- SENATE 20283 from the GAO to the agencies involved. Report of the Joint Committee, Senate TABLE 111.-GAO PERSONNEL INCREASE OR DECREASE Finally, Mr. Weitzel noted that check recon­ Report 1414, 89th Cong., 2 sess., and section cmation, once a GAO function that occu­ 205 of S. 355, the Legislative Reorganization Fiscal Number Number Percent pied several hundred people, is now done by . Act.] year positions Years increase or increase or authorized 1 the Treasury Dep~rtmen t on modern elec­ 3. GENERAL ATl'ITUDE OJ' CONGRESS TOWARD GAO decrease decrease tronic accounting machinery. [Hearings, BUDGET REQUESTS p. 1390.] The data presented above and in the 1945____ 13,966 ------·------· The decrease in absolute numbers of per­ 1946____ 14,894 1945-46 +928 +6. 64 accompanying tables would seem to indicate 1947---- 14,342 1946-47 -552 -3.70 sonnel has been accompanied by a rising that Congress has generally taken a sympa­ 1948____ 10,260 1947-48 -4,082 -28.46 level of salaries for the remaining people. In thetic attitude toward the General Account­ 1949____ 9, 495 1948-49 -765 -7.45 1945, the average appropriation per em­ ing Office's budget requests. This would seem 1950____ 8, 900 1949-50 -595 -6.26 ployee was about $2,469. In 1954 it was 195L. __ 8, 060 1950-51 -840 -9. 43 particularly true of requests dUring the past 1952____ 6, 844 1951-52 -1,216 -15.08 $5,193. By 1968 the average per employee was decade. 1953____ 6,175 1952-53 -669 -9.77 $12,700. Part of this rise is attributable to Uip to and including fiscal year 1967, the 1954____ 6,158 1953-54 -17 -.27 the general rise in Federal employee salaries. GAO fell under the jurisdiction of the Inde­ 1955 ____ 6,000 1954-55 -158 -2.56 But perhaps equally significant is the shift 1956.... 5, 831 1955-56 -169 -2.81 pendent Offices Subcommittees of the two 1957.... 5,702 1956-57 -129 -2.21 in GAO from clerical and bookkeeping per­ Appropriations Committees. Beginning with 1958 ____ ... 5,540 1957-58 -162 -2.84 sonnel, payed at relatively low rates, to a tl.scal 1968, it has been included in the Legis­ 1959 ____ ' 5,413 1958-59 -127 -2.29 more professional staff consisting of ac­ lative branch appropriations and has there­ 1960____ 5,353 1959-60 -60 -1.10 countants and lawyers who command higher 196L... 5, 011 1960-61 -342 -6.38 fore come under the Legislative Branch Sub­ 1962.... 4,965 1961-62 -46 -.91 salaries. committees. Both subcommittees have treated 1963.... 4, 711 1962-63 -254 -5.11 An additional and recent factor affecting the GAO well and, if remarks dUring the 1964____ 4,610 1963-64 -101 -2.14 manpower in the GAO relates to the man­ taking of testimony are any indication, are 1965.--- 4, 411 1964-65 -199 -4. 31 date put upon that agency by Title II of the 1966____ 4,309 1965-66 -102 -2.31 highly appreciative of the agency's problems 1967---- 4, 264 1966-67 -45 -1.04 Economic Opportunity Amendments of 1967 and products.-WALTER KRA.vrrz, July 5, 1968. 1968____ 4,280 1967-68 +16 +.37 (P.L. 9Q-222; 81 Stat. 727). This directs the 1969 2_------Comptroller General to make a special study TABLE I.-GAO APPROPRIATIONS BY FISCAL YEAR of the OEO programs in order to determine, 1 As adjusted by GAO to conform with appropriations. among other things, "the extent to which For Amount Amount Decrease Decrease 2 Not available. such programs and activities achieve the fiscal requested 1 appro· in of request Sources: Budget of the U.S. Government, 1945-69, Budge't objectives set forth in the relevant part of year priated 1 request (percent) and Finance Office, General Accounting Office. the Economic Opportunity Act of 1964 au­ If thorizing such programs or activities." The 1945.---- $34, 505, 000 $34, 480, 225 -$24,775 0. 01 The PRESIDING OFF'ICER. there Comptroller General is to transmit his final 1946.---- 42, 324, 980 41,963,855 361,125 .85 be no further amendment to be proposed, report to the Congress not later than De­ 1947_ ____ 40,925,000 40,300,000 625,000 1. 52 the question is on the engrossment of the 1948_____ 37,617,000 36,517,000 1, 100,000 2.92 cember 1, 1968, and that final report is to 1949.---- 35, 791, 000 35,791,000 None None amendments and third reading of the contain his findings, conclusions, and rec­ 1950.---- 36, 852, 000 35,070,000 1, 782,000 4.83 bill. ommendations, including recommendations 195L •• __ 36, 946, 800 34,439,500 2, 507,300 6. 78 for additional legislation. 1952_____ 33,492,000 32,494,000 998,000 2. 97 The amendments were ordered to be 1953.---- 32, 225, 000 32,000,000 225,000 .69 engrossed, and the bill to be read a third In testimony before the subcommittee of 1954_____ 32,000,000 31,981,000 19,000 • 05 the House Committee on Appropriations deal­ 1955 _____ 32,200,000 31,981,000 219,000 .68 time. ing with legislative branch appropriations 1956_____ 33,600,000 33,481,000 119,000 . 35 The bill was read the third time. for fiscal 1969, Mr. Staats, the Comptroller 1957----- 34, 581, 000 34,000,000 581,000 1.68 The PRESIDING OFF'ICER. The bill 1958.---- 37. 800, 000 37,009,546 790,454 2.09 General, declared that he had asked for a 1959___ __ 40,545,000 39,020,500 1, 524,500 3, 76 having been read the third time, th.e supplemental appropriation of $1.5 m1llion to 1960_____ 41,869,000 41,800,000 69,000 .16 question is, Shall it pass? [Putting the finance the study. That supplemental was not 196L ____ 42,179,000 42, 179,000 None None 1962.---- 43, 000, 000 43,000,000 None None question.] granted. Mr. Staats testified that the addi­ 1963_____ 43,900,000 43,900,000 None None Mr. PROXMIRE. Mr. President, I sug­ tional costs of the study to the GAO 1964 _____ 46,850,000 45, 700,000 1,150, 000 2.45 amounted to $583,000 in fiscal 1968, all of 1965 _____ 47,200,000 46,900,000 300,000 0.63 gest the absence of a quorum. which had been absorbed by the GAO. He 1966_____ 47,435,000 47,435,000 None None The PRESIDING OFFICER. The clerk 1967. __ -- 49,650,000 49,350,000 300,000 .60 will call the roll. further stated that the mandate of the OEO 1968.---- 54, 459, 000 54,359,000 100,000 .18 legislation had forced him to assign 125 addi­ 1969 _____ 57,742,000 2 57. 500, 000 242,.000 • 41 The assistant legislative clerk pro­ tional personnel to the OEO project. One may ceeded to call the roll. assume from all this that if the GAO is to 1 Includes regular appropriations, supplementals, deficiencies, Mr. PROXMIRE. Mr. President, I ask continue to operate in this new area of re­ and rescissions. unanimous consent that the order for sponslbi11ty its personnel requirements wm 2 Passed House and reported by Senate committee. the quorum call be rescinded. rise substantially. (Hearings of the House Sources: Budget of the U.S. Government 1945-69, Budget and Committee on Appropriations on Legislative Finance Office, General Accounting Office. The PRESIDING OFFICER. Without Branch Appropriations for 1969, pp. 89---91.] objection, it is so ordered. In commenting on this new GAO function, The bill having been read the third the report of the House Committee on Appro­ TABLE 11.-GAO ANNUAL APPROPRIATIONS time, the question is, Shall it pass? priations declared: INCREASE OR DECREASE The bill (H.R. 18038) was passed. "As ·a general proposition, it strikes the Mr. PROXMIRE. Mr. President, I committee that there may be a valid question Percent move to reconsider the vote by which whether the Congress, in future consideration Years Appropriation Appropriation increase ( +) the bill was passed. increase 1 decrease 1 or of program authorization legislation, ought decrease (-) Mr. BYRD of West Virginia. Mr. Pres­ to follow the precedent established in the to OEO amendments of placing, by statute, spe­ ident, I move lay that motion on the cific responsib111ties on the Comptroller 1945-46_ ------+$7, 483,630 ------+21. 70 table. 1946-47------$1, 663, 855 -3.96 The motion to lay on the table was General for evaluating the efficiency and 1947-48______3, 783,000 -9.38 effectiveness of entire major programs with 1948-49.------726, 000 -1.98 agreed to. statutory reporting deadlines. To do so would 1949-50______721,000 -2.01 Mr. PROXMIRE. Mr. President, I move tend to diminish the 1lexibllity of the Oftlce 1950-51.. _ --- __ ------___ 630, 500 -1.79 1951-52.------1, 945, 500 -5.64 that the Senate insist upon its amend­ in examining all the programs and expendi­ 1952-53______494,000 -1.52 ments, request a conference with the tures of the Government, now estimated a.t 1953-54 •• ------19, 000 -.05 House thereon, and that the Presiding upwards of $186 billion for fiscal1969. And 1f 1954-55______(2) (2) None carried too far, it would in substan{:e con­ 1955-56______1,500,000 ------+4.69 Officer appoint conferees on the part of 1956-57------519,000 ------+1.55 the Senate. siderably duplicate the expense of oversight 1957-58______3, 009,546 ------+8.85 staffs and special 'investigative• committee 1958-59______2,010,954 ------+5.43 The motion was agreed to; and the expenditures." (House Report 1576, 90th 1959-60______2, 779,500 ------+7.12 Presiding Officer appointed Mr. PRox­ Cong., 2 sess., p. 18.) 1960-61..----- 379,000 ------+.90 1961-62______821,000 ------+1.94 MIRE, Mr. YARBOROUGH, Mr. HAYDEN, Mr. It may be of interest, in this connection, 1962-63______900,000 ------+2.09 KUCHEL, Mr. COTTON, and Mr. YOUNG of to note that the Legislative Reorganization 1963-64______1,800,000 ------+4.10 North Dakota conferees on the part of Act, passed by the Senate March 7, 1967, and 1964-65______1,200,000 ------+2.62 currently pending in the House of Represent­ 1965-66.------535, 000 ------+1.14 the Senate. 1966-67______1,915,000 ------+4.03 Mr. MANSFIELD. Mr. President, I wish atives, would direct the Comptroller General 1967-68_------5, 009, 000 ------+10.14 to provide experts to the Appropriations 1968-69______3 3,141,000 ------+5. 77 to commend the Senator from Wisconsin Committees and other committees of Con­ [Mr. PROXMIRE] for the able and efficient gress to assist them in making independent an~ I ~:~~i~;io~s~ular appropriations, supplementals, deficiencies, manner in which he guided the legislative cost-effectiveness studies on programs under 2Same. appropriations measures through the their jurisdictions. (See p. 28 of the Final a Passed House and reported by Senate committee. Senate. His handling of the task for the CXIV--1278-Part 15 20284 CONGRESSIONAL RECORD- SENATE July 9, 1968 able chairman of the subcommittee [Mr. to the Supreme Court. By definitions now letters between the President and the BARTLETT] was greatly appreciated. Sen­ being proclaimed, Mr. Eisenhower was Chief Justice. ator PROXMIRE's deep and ready knowl­ a lameduck President at the time. Yet There is so much precedent for nomi­ edge of the various parts of this fund­ no hue and outcry was raised at his nees to be confirmed before their pred­ ing measure assured its swift adoption action. Some people who claim to base ecessors have left o:ffice that one could by the Senate. their actions on the lameduck theory almost refer to the practice as routine. Assisting him greatly in bringing this may end up by destroying the Ameri­ I ask unanimous consent to insert at bill to completion was the ranking minor­ caneagle. this point in my remarks a list of Am­ ity member of the subcommittee [Mr. The second objection raised by the bassadors who were confirmed by the KucHEL], whose cooperation helped so opposition is based on fine points of Senate before the incumbent relin­ much to move us toward the hoped for timing and language. They are not con­ quished his post. I direct your attention adjournment of early August. And the cerned with the timing of due process to the fact that the listing goes back Senator from Delaware [Mr. WILLIAMS] of the law, but rather with the timing more than 3 years. I do not recall any once again gave us the benefit of his of presidential election campaigns. And objections to the practice. strong and sincere views, and he is also they are not concerned with the lan­ There being no objection, the list was to be commended for urging an amend­ guage of the Constitution, either, but ordered to be printed in the RECORD, ment that was so widely accepted. with the language in an exchange of as follows: These and other senators joined to dispose of this measure in a thoughtful EXAMPLES OF STATE DEPARTMENT PRESIDENTIAL APPOINTMENTS CONFIRMED BY SENATE PRIOR TO RELINQUISHMENT and expeditious manner. The Senate may OF POST BY PREVIOUS INCUMBENT be proud of another fine achievement. Confirmation Predecessor Nominee date relinquished post THE CONSTITUTION MUST NOT BE­ Austria------Ambassador Douglas MacArthur"------May 5,1967 May 10,1967 COME A PARTISAN DOCUMENT Ceylon ·------Ambassador Andrew V. Corry ______May 24,1967 June 17,1967 Costa Rica·------Ambassador Clarence Boonstra ______Jan. 26,1967 Feb. 19,1967 Mr. MORSE. Mr. President, reason­ Czechoslovakia ______: ______Ambassador Jacob D. Beam ______May 27,1966 Aug. 1,1966 able men may disagree on political issues, GermanY------Ambassador Henry Cabot lodge ______Apr. 19,1968 May 21,1968 but let us hope the day never comes when HaitL------Ambassador Claude G. Ross •••••••••••••••••• Apr. 17,1967 May 21,1967 Jordan·------Ambassador Harrison M. Symmes ______Oct. 18,1967 Nov. 5,1967 the U.S. Constitution is distorted for the ParaguaY------Ambassador Benigno C. Hernandez ______June 8,1967 June 25,1967 PortugaL------Ambassador W. Tapley Bennett, Jr ______May 9,1966 June 1,1966 purpose of advancing the interests of a Thailand ______Ambassador leonard Unger ______Aug. 11,1967 Sept. 8,1967 political party. Does this danger seem Trinidad and Tobago ______Ambassador William A. Costello ______Sept.13, 1967 Sept.18, 1967 even remotely possible? I wish that I U.S.S.R •• ------Ambassador llewellyn E. Thompson ______Oct. 12,1966 Dec. 14,1967 could answer with an absolute "No." Un­ United Nations------·------Ambassador George Ball______May 13,1968 June 24,1968 fortunately, however, this danger has Vietnam·------Ambassador Ellsworth Bunker ______Apr. 5,1967 Apr. 25,1967 become a distinct possibility with the announced intentions of some Senators Mr. MORSE. To hone this fine point tion of the people who preceded them in and certain public figures to do every­ even finer, I ask unanimous consent to omce. One of these examples took place thing in their power to prevent President insert in the RECORD a list of nominees more than 18 years ago. Johnson from exercising his constitu­ for high o:ffice in the State Department, There being no objection, the list was tional right and obligation to nominate all of whom were confirmed by the sen­ ordered to be printed in the REcORD, as and appoint members of the Supreme ate before the effective date of resigna- follows: Oourt, with the advice and consent of EXAMPLES OF STATE DEPARTMENT (NOT CHIEF OF MISSION) PRESIDENTIAL APPOINTMENTS CONFIRMED BY SENATE the Senate. PRIOR TO EFFECTIVE DATE OF RESIGNATION On this vital issue, the opposition to the nominations has gone to great Confirmation Effective lengths to assure everyone that the quali­ Post Nominee date Predecessor date of fications of the nominees are not at all resignation in dispute. Even the briefest look at the Under Secretary of State ______David K. E. Bruce ______Feb. 6, 1952 James E. Webb ______Feb. 29,1952 backgrounds of Justice Fortas and Judge Do ______Herbert Hoover, Jr ______Aug. 18,1954 Walter B. Smith ••••••••••••• Oct. 1,1954 UnderSecretary for Political Affairs __ Thomas C. Mann ______Mar. 9, 1965 W. Averell Harriman ______Mar. 17, 1965 Thornberry would reveal their clear Under Secretary for Economic Affairs ____ •••••••• ----•••• ------______------•••• ______••••••• qualification to serve on the Nation's Deputy Under Secretary ______William J. Crockett ______June 4,1963 William H. Orrick, Jr.. ______June 7,1963 Assistant Secretary ••••••••••••••· • • Covey T. Oliver ______June 8,1967 lincoln Gordon ______June 30,1967 Highest Court. Do ______Norman Armour.. ••••••••••• June 10,1947 Spruille Braden ______June 30,1947 Instead, the opposition to the nomina­ Do ______Robert D. Murphy ______Mar. 20,1953 John D. Hickerson ••••••••••• July 27,1953 tions is based, at least publicly, on issues Do •••••••••••••••••••••••••• H. Freeman Matthews ______June 26,1950 W. Walton Butterworth ••••••• July 4,1950 Do •••• ------·-······· Issac W. Carpenter, Jr______June 18,1954 Edward T. Wailes •••••••••••• June 22,1954 such as: First, the propriety of President Do ______William M. Rountree ______July 26,1956 George V. Allen ______Aug. 27,1956 Johnson naming people to the Supreme Representative of the United James J. Wadsworth ______Aug. 27,1960 Henry Cabot Lodge ______Sept. 3,1960 States to the United Nations Court when his term in office will end with the rank and status of next January; and, second, whether it is Ambassador Extraordinary and possible to confirm a man for high pub­ Plenipotentiary. lic o:ffice before the incumbent has left the omce. Mr. MORSE. Unfortunately, this im­ turns the harsh spotlight of truth on the As for the first point, the Constitu­ portant constitutional issue is not being old Nixon, as he always was, and as he tion places no limitation on the power debated in all quarters by reasonable always will be. Long a colorful fixture in and duty of the President to appoint men of good will who harbor honest dif­ American political life, Mr. Nixon has persons to the Supreme Court, subject ferences of opinion. Some unusual voices once again demonstrated that he is a to confirmation by the Senate. This fact not normally associated with questions man for all the reasons-all the reasons may be an inconvenience to certain poli­ of constitutional law are being heard; not to be entrusted with the highest elec­ ticians, but it is a great protection to including a former motion picture star, tive office in the land. the American people. now Governor of our most populous The shabby nature of Mr. Nixon's cru­ Furthermore, there are ample ex­ State. sade on behalf of the Federal Judiciary amples of a President appointing mem­ Any doubt about the motivations of becomes apparent when we take a look at bers to the Supreme Court when he is those crying the loudest to permit the the record. President Johnson announced a so-called lameduck President, or his next President to fill vacancies on the on March 31, 1968, that he would not continuation in office is uncertain. In court has been clearly removed by the October 1956, in the midst of a then un­ entrance of former Vice President Nixon seek, nor would he accept, the nomina­ decided national election campaign, into the fray. The transparent attempt tion of his party as candidate for the President Eisenhower named Justice by Mr. Nixon to transform this country Presidency. According to the Nixon Brennan to the High Court. Two years from a system of government based on theory of constiltutiolllal ~Law, all appoint­ later, in his final term in office, Presi­ constitutional law to a system of govern­ ments to the Federal judiciary should dent Eisenhower named Justice Stewart ment based on the spoils of election wars have been terminated at that time in July 9, 1968 CONGRESSIONAL RECORD- SENATE 20285 order to preserve the purity and integrity names of persons nominated by Presi­ it that our responsibility and our duty of the judicial branch of our Govern- dent Johnson and confirmed by the U.S. and our functions as Senators are not ment. Senate after the President's announce- so much to attend national conventions r should like, at this point, to list the ment of March 31: as they are to stay here and do our work. If that means that the conventions are going to act as a barricade to our func­ Name Nominated Confirmed by the Senate tioning as we should in the interest of the Nation, then we should stay here John H. Pratt ______U.S. district judge, District of Columbia ______Apr. 11,1968 June 6,1968 and perform our duty-conventions or June L. Green ______U.S. district judge, District of Columbia ______do______Do. Orrin G. Judd ______U.S. district JUdge, New York, eastern ______Apr. 25,1968 June 24,1968 no conventions. Anthony J. Travia ______U.S. district JUdge, New York, eastern ______do...... Do. If it develops that there is no vacancy Myron H. Bright______U.S. circuit judge, 8th circuit ______do ______June 6,1968 or that the interpretation is that there James B. McMillan ______U.S. district judge, North Carolina, western ______do______Do. William Wayne Justice ______U.S. district judge, Texas, eastern ______do______Do. is no vacancy arising from the exchange Halbert 0. Woodward ______U.S. district JUdge, Texas, northern ______do______Do. of letters between the President and the John W. Kern 11'------Associate judge, District of Columbia, Court of Appeals ______May 29,1968 June 21,1968 Walter L. Nixon, Jr ______U.S. district judge, Mississippi, southern ______do ______June 6,1968 Chief Justice of the United States, then Bernard Newman ______Judge, Customs Court·------do ______June 24,1968 I think that what the President should do is merely to accept the retirement clearly and affirmatively and send up All of these appointments and con­ then the remainder of the Senate has the names again, and then we should act firmations were a matter of public the duty to exercise whatever parlia­ on the matter. If anybody is a lameduck, record. I may have missed the news, but mentary prerogatives are available to the it is the Chief Justice of the United I do not recall Mr. Nixon and his cohorts majority to break any such attempt to States under the present circumstances­ r15ing in outraged indignation when these set aside the implementation of the suspended between his desire to retire judicial appointments were nominated Constitution. and a Senate effort to deny or delay him and confirmed by the U.S. Senate since One final word, Mr. President, with in his personal wish. March 31, 1968, when the President made respect to the nominations: Justice Abe Mr. MORSE. Mr. President, I com­ his announcement that he would not Fortas is a brilliant American lawyer, pletely agree with the Senator from seek renomination. with whom I was closely associated for Rhode Island. There could be a reasonable explana­ many years before he came to the Su­ tion for this apparent inconsistency, preme Oourt, when he was active in though. Apparently the Nixon theory of various Government assignments under ADDRESS BY MRS. LYNDON B. JOHN­ constitutional law had not been devel­ President Roosevelt. He is one of the SON AT CONVENTION OF AMERI­ oped at the time these appointments keenest scholars and one of the most CAN INS'l'I'I'OTE OF ARCHITECTS we~ announced. brilliant minds within the legal profes­ Mr. MORSE. Mr. President, Portland, Mr. President, let us take a look at the sion of our country. His nomination as Oreg., was the scene of an event of na­ Constitution, for, pray God, this is still a Chief Justice is a very much deserved tional moment in late June. It took place government of laws and not of men. nomination on the basis of his qualifi­ during the hundredth convention of the Under the Constitution, the President cations. He should be confirmed as Chief American Institute of Architects, which of the United States has a duty to· fill Justice of the United States before was attended by about 3,000 architects vacancies by nomination. The Senate has adjournment. and guests. The architects had chosen as the duty, under the advise and consent I do not know Judge Thornberry as I their theme "Man, Architecture, Nature." clause, to confirm or reject. know Justice Fortas; but I have analyzed On the last day of the convention, June Mr. President, the American people his record. He has already, during the 26, when "Nature" was the theme, our do not expect the Constitution to be sus­ brief time that he has served on the First Lady, Mrs. Lyndon B. Johnson, gave pended because a group of politicians Federal bench, demonstrated that he is the key address. think, for political reasons or any rea­ a man of exceedingly able judicial quali­ This address was the first B. Y. Morri­ sons, that the President should not exer­ fications, and his nomination is highly son Memorial Lecture, and was spon­ cise his Presidential duties. deserving of confirmation by the Senate. sored by the Agricultural Research Serv­ The President, under our system of Mr. President, those who may for one ice of the u.s. Department of Agricul­ government by law, has the clear obli­ reason or another wish to challenge the ture. The lectureship, which honors one gation to carry out those constitutional professional competency of any person of the Department's most distinguished duties. He has that obligation until the nominated by the President of the United scientists, was established to recognize very last moment of his term of office. States may express their viewPoints. and encourage outstanding accomplish­ It will do violence to this maintenance of That prerogative exists for any U.S. ments in the science and practice of this system of government by law, and Senator under the advice and consent ornamental horticulture. The lecture is to the continued implementation of the clause. But I respectfully submit that, in to be given annually by an individual consitutional rights of 200 million Amer­ my judgment, we cannot justify denying chosen for his-or her-significant con­ icans, if the President of the United to the President the opportunity to carry tributions in this field. States is ever thwarted by an attempt out his constitutional powers and duties In her address, Mrs. Johnson empha­ such as some Senators are reported to on the basis of any argument that he is sized the importance of growing and car­ be planning to make to prevent him an alleged "lameduck" President, and ing for :flowers, trees and shrubs in help­ from carrying out his clear constitu­ therefore should be denied the oppor­ ing to solve the problems of the environ­ tional rights under our system of gov­ tunity to exercise his constitutional mental crisis that man is facing. She ernment by law and not by men. duties. urged the architects of America to be­ Therefore, Mr. President, I say to the Furthermore, -the precedents that I come "thoughtful political activists" leadership of the Senate that I think have cited to the Senate of the past prac­ and work for a "new conservation" that we have a clear duty as Senators to tices, as recognized for many decades in is concerned with the total human and proceed, before adjournment, to see to respect to the Presidents augur well in community environment. She called for it that these nominations come to the support of my argument that the Senate improvement of urban areas and for the :floor of the Senate and that the Senate ought to stop playing partisan politics blending of urban forms and countryside act upon them, up or down. If it is nec­ with this issue and get on with its obliga­ at the city fringes, which are now ragged, essary to protect the constitutional tion of confirming or rejecting these unplanned, and garish. rights of the American people in respect nominees. She deplored the sacrifice of human to this subject matter, then we should Mr. PASTORE. Mr. President, will the values that we have often made to com­ come back after the convention; or, if Senator yield? mercial values. Such unconcern has al­ there are those Senators who wish to Mr. MORSE. I yield. lowed a crisis to gather which threatens exercise parliamentary prerogatives un­ Mr. PASTORE. Mr. President, I asso­ health-even life itself. America must der the existing rules of the Sen­ ciate myself with everything that the undertake a vast rebuilding to create an ate, seeking to prevent confirmation or distinguished senior Senator from Ore­ environment that gives scope to people's passing upon the issue as to whether or gon has said. imagination and variety of choice. Mrs. not the nomination should be confirmed, I want to say as strongly as I can say Johnson pointed out: 20286 CONGRESSIONAL RECORD-SENATE July 9, 1968 For the nature we are concerned with, like it was before civ111zation marched across the land; they lived as part of it. They were ultimately is human nature. it. in nature-not alien to it. They were users Mrs. Johnson and thoae who work with and sharers of their environment-not ex­ I think it was very appropriate that her have shown us how beautiful America plotters of it. Orville L. Freeman, an outstanding pub­ has been and can be again. She has reminded Far be it from me to yearn for a return lic servant who heads one of our largest us of what naturalists and artists have al­ to the lost past. But surely it is not wrong and most important Federal agencies, ways known: that man's spirit cannot be to hope that modern man-modern, urban, the Department of Agriculture, intro­ shut off from Nature and from beauty un­ mechanized man-will somehow recapture duced Mrs. Johnson. I ask unanimous less civilization is prepared to pay a bitter that sense of balance between his life and price-that the worth of beauty is greater his environment-before it is too late. consent that Secretary Freeman's intro­ than the passing pleasure it affords. Already, in our age, we have done many of ductory remarks and the full text of Mrs. Santayana put it this way: "Beauty," he the things which Tecumseh considered un­ Johnson's speech be printed in the REc­ said, "is a pledge of the possible conformity thinkable. Too often, we have bartered away ORD. between the soul and nature, and conse­ not only the land, but the very air and There being no objection, the material quently a ground of faith in the supremacy water. was ordered to be printed in the RECORD, of the good." Too often, we have sacrificed human values as follows: It is my pleasure today to introduce to to commercial values-under the bright guise you one of the foremost keepers of that of "progress." And in our unconcern, we have INTRODUCTION BY SECRETARY OF AGRICULTURE faith in the good, our First Lady-Mr8, let a crisis gather which threatens health­ ORVILLE L. FREEMA~ OF MRS. LYNDON B. Lyndon B. Johnson. and even life itself. JOHNSON AS FIRST B. Y. MORRISON MEMO­ RIAL LECTURER, AT THE ANNUAL CONVENTION As a people, Americans have prized the vir­ THE B. Y. MoRRISON MEMORIAL LECTURE tues of the land: simplicity, honesty, hard OF THE AMERICAN INSTITUTE OF ARCHITECTS, (By Mrs. Lyndon B. Johnson at the Con­ JUNE 26, 1968, PORTLAND, OREG. work, physical courage, individualism, op­ vention of the American Institute of timism, faith. It is good to be in Portland again. It is sat­ Architects, Portland,-Oreg.) A preponderance of concrete and asphalt­ isfying to join the American Institute of I can think of no more perfect setting in of fumes, haze and screeches-go against ~chitects as you seek to minister to the en­ which to discuss the subject of man and our grain in a cultural way, as well as a bio­ during qualities of the human spirit and to design and nature, than this great city, with logical way. Both dimensions of our makeu'p preserve the inspiring aspects of man's en­ its snowy peaks on the horizon; its spectacu­ have been offended and poisoned. vironment. lar setting near a great river and a great Today, environmental questions are mat­ Nowhere could we find an audience with ocean. ters for architects and laymen alike. They a more profound sympathy for the aims of Portland is blessed to have such a set­ are questions, literally, of life and death. the lectureship being initiated here today. ting-where men can enjoy both the pace Can we have a building boom and beauty, It was to further man's search for beauty and excitment of the city, and the solitude too? _ that the Agricultural Research Service of our and beauty of the countryside. Must progress !nevitably mean a shabbier Department recently established the B. Y. And, then, it's good to be here among peo­ Morrison Lectureship honoring one of our environment? · ple whose handiwork I have seen across the Must success spoil Nature's bounty? most distinguished scientists. We want to face of this land. recognize and encourage outstanding accom­ Insistently-and with growing volume­ The man whose name this lecture bears­ citizens everywhere in America are demand­ plishments in the science and practice of B. Y. Morrison-was a horticulturist of great ornamental horticulture. The lecture is to be ing that we turn our bu1lding to a sensible skill and knowledge and imagination. human purpose. They are asking-literally­ give annually by an individual chosen for So I hasten to tell you that I speak to his-or her-significant contributions in this for a breath of fresh air; for pleasant pre­ you today not as an expert, but only as a cincts in the heart of the city; for relaxation field. citizen deeply concerned about the relation­ B. Y. Morrison Nas a scientist, admini­ as well as excitement; for more reminders of ship between the natural world and the nature in the city center. strator, landscape architect, plant explorer, world we are building. I am one of millions author, and lecturer. He advanced the science Public opinion is calling for these things. of Americans who 'are both troubled-and And in my nearly 34 years of living with a of botany in the United States and gave the hopeful-about the physical setting of life American public new ornamental plants. He in our country. public servant, I have learned the value of was creator of the famed Glenn Dale azaleas, As you may know, my concern has been heeding such a call-not only for Presidents, and the first director of the National Arbore­ expressed in an effort called "beautification." but also Mayors and City Commissioners. tum. Today, this Arboretum 1s one of the I think you also know what lies beneath We are being asked to develop a wholly world's great centers for research and educa­ that rather inadequate word. For "beauti­ new conservation. tion in botany. The spectacular Morrison fication," to my mind, is far more than a For the American architect, I think the Azalea Garden there is an island of beauty matter of cosmetics. To me, it describes the New Conservation means first, a concern for and repose in our capital. whole effort to bring the natural world and the total environment-not just the indi­ The choice of Mrs. Lyndon B. Johnson to the manmade world into harmony; to bring vidual building, but the entire community. give the first Morrison Memorial Lecture was order, usefulness, and delight to our whole No one knows better than you that the love­ almost inevitable. She has been one of the environment. And that, of course, only begins liest bu1lding can be nullified if there is no single most powerful influences on orna­ with trees and flowers and landscaping. sign control ordinance, or if it sits in a mental horticulture that this country has When the President called for a planning pocket of hazy gray smoke. ever known. She has generated unprece­ study for the great Potomac Basin, you-the The answers cannot be found in piecemeal dented interest and support in this science. A.I.A.-responded with a task force report reform. The job requires really thoughtful Through her travels, writings, and speeches, which expressed all that I imply by the word inter-relation of the whole environment: not Mrs. Johnson has inspired millions of peo­ "beautification." It stressed not only aesthe­ only in buildings, but parks; not only parks, ple to discover the pleasure-and recognize tics and pollution control, but econoinic but highways; not only highways, but open the necessity-<>! growing and caring for development, transportation, and industrial spaces and green belts. :flowers. trees, and shrubs. and residential patterns. Now that the Presi­ When the New Conservation speaks of the Once-bleak squares and parks have blos­ dent has placed many of your recommenda­ vast rebuilding that America must under­ somed ... barren school grounds have tions before the Congress, I hope all of you take, it does not mean on the old terms of greened and bloomed as civic and profes­ will join the effort to translate into reality freeways ripping through neighborhoods and sional groups, industry and buslness, the the dream of a model Potomac Basin. parks, or of drab public housing, so all-alike young and the old have taken a new look If you think I mean writing your Con­ that it reminds one of Gertrude Stein's at their communities. They have found that gressmen and Senators to support the Poto­ phrase, "There's no there there." the planting of ornamental plants can spark mac National River Bill, you are absolutely It means a creative environment where new and determined efforts to improve all right! people's imagination and variety of choice aspects of the quality of living in their If you think I mean urging local implemen­ can flourish. communities. tation in Virginia, West Virginia, Maryland, In the realm of transportation, one has This drive for beauty is not without its the District of Columbia, you are also right. only to think of W1lliamsburg, where cars economic aspects, which often go unnoticed. If we are to obtain the vital balance of are the exception, or of EXPO where there Such things as parks and recreation areas nature and architecture and man, the archi­ were a half dozen charming ways of moving and home beautification programs generate tects must become thoughtful political ac­ about, to imagine what our communities jobs and business opportunities in areas tivists. could be like if we applied all that we can do. where such opportunities have been scarce Years ago, when the white man came to In a related field, Congress has been con­ or non-existent. Small farmers with marginal barter with the Indians, the great chief, sidering a modest measure, the Highway operations all over the land are finding new Tecumseh, asked this question: "Sell the Beautification Act, that would help states markets. country? Why not sell the air, the clouds, the landscape their new freeways, build some These many projects across the land dem­ great sea?" picnic areas, and diminish the advertising onstrate that beauty has its utilitarian as His sharp inquiry reflects the rich sense of that sprouts along public rights of way. well as its spiritual aspects as we seek to man's harmqny with nature which the an­ Vermont has moved faster and this spring restore the land to something more nearly cients felt. The Indians did not overwhelm passed a measure to ban all billboards in the July 9, 1968 CONGRESSIONAL RECORD- SEN:ATE 20287 state. Instead, they substituted an ingenious 111-e1fects of a poor environment will continue get: "A rock through a window," he said, system of roadside information booths. until there is enough open space, for chal­ "is an opinion." As Vermonters know, tourists were not at­ lenge and refreshment, close to home. Today that school-Buchanan-is a new tracted by a forest of signs. In my own experience right now, nature is place. A private donor underwrote the efforts The great challenge now is to rally citizens encountered most closely when I leave the of our Committee--and now, the school's outside the architectural community---i!o city to go to our Ranch. I quickly then come community plaza offers city children delights that not only designers, but city officials, in tune with the great rhythms of life. I al­ once found only in the country: cascading businessmen, and plain citizens will share ways know whether it's a new moon or a full water, h1lls to climb, a deep amphitheater your concern for the total environment. moon--or the dark of the moon. When storms for games, dancing and other diversions. Secondly, the New Conservation will ask come, I participate in them-thrill at the Seeing that hopeful place, I know that the that the architect design with people in great black thunderheads, and the crackle of nature we are concerned with, ultimately, mind-seek to build an environment on a lightning, and the majesty of thunder. Ire­ is human nature. That is the point of the truly human scale. discover a sense of hearing and I smell all the beautification movement--and that, finally, I earnestly hope that our civ111zation is blossoms and grasses on the afternoon air is the point of architecture. remembered for more than its mammoth after a rain. And it's good for my spirits. Winston Church111 said, "First we shape freeways and vast urban superblocks; for This participation in the seasons and the our buildings-and then they shape us." And more than the isolated impersonal, gigantic weather is one of the most vital and renew­ the same is true of our highways, our parks, public housing projects of our cities. Too ing experiences of life--too important to be our public buildings, the environment we many of these great projects seem to me to reserved for vacations or for the few. create: they shape us. be reproaches, not signs of progress. Accomplishing all these things will require You are shaping people-shaping lives. The architecture which excites me most a major undertaking by America's architects. And so your countrymen are looking to you is made for delight and intimacy: for the So deep is the environmental crisis; so for creative insights, deep compassion, bold enjoyment of those who inhabit it. urgent is the demand for change, that archi­ leadership. For instance, Philadelphia has found a tecture must become not only a profession­ I am sure you wm give them nothing less. way to depress its new Delaware River Ex­ but a form of public service. presaway and will put a pedestrian plaza on When so many are a1fected by your work, top, binding the city to its waterfront. It says, you are serving not only the client who com­ "People matter-not just traffic." missions your work and pays your fee: the THE SCHOOL LUNCH PROGRAM Ghirardelli Square in San Francisco is a public is also your client. AUTHORIZATION marvel of attractions and surprises for the When so many need your help, it becomes strolling shopper. Niccolet Mall in Minne­ urgent that you look beyond the usual mar­ Mr. MORSE. Mr. President, while the apolis is an inviting, lively, commercial area ket and find new areas of service. Senator from Florida. [Mr. HOLLAND] built to make shopping a pleasure. That is why I was heartened-no, jubi­ and the Senator from Louisiana [Mr. EL­ This concern for human values, human lant--when your new president, Mr. Kassa­ LENDER] are present in the Chamber-! scale, human enjoyment, also means pre­ baum, told the House Public Works Commit­ would have called for them if they had serving what is historic and good. George­ tee that A.I.A.. members are entering the town, of course, is a famous example of how ghetto, tackling urban blight--whether or not been here--! want to comment on the past can serve the present. And in Sa­ not the client can afford traditional fees. a question that has been raised. vannah, Georgia, history-minded architects And now, I hope that I can enlist you in I returned this morning after 10 days have marked 1100 priceless old homes to be solving three speclfic problems which are very of absence in my State, campaigning for restored. much on my mind. reelection. At HemisFair, the planners have built a First, there is the problem of creating a Senators will find that there has been great modern exposition area-but thirty old "design conscience" in every major com­ buildings have been lovingly preserved and munity. held at the desk an authorization bill in­ restored and they are among the most col­ Well over a century ago, Henry Thoreau volving the school lunch program. It h:as orful punctuation marks at the HemisFa.ir said, "It would be worthwhile if in each town been held up because a question of com­ complex. there were a committee appointed to see mittee jurisdiction has arisen as between Concern for the whole environment; atten­ that the beauty of the town received no det­ the Committees on Agriculture and La­ tion to the human scale--and finally, a new riment." bor and Public Welfare. emphasis upon areas of natural beauty, both Washington has its Pine Arts Commission Mr. President, I did not initiate the inside the city and beyond its borders are and its Committee for a More Beautiful Capi­ three essential ingredients. tal. Surely it might be a major step if other viewpoint that a jurisdictional question The twentieth century citizen, no less than cities had similar public bodies-led by should be raised at this time. his ancestor of another age, craves and needs architects and planners--to act not as cen­ The practice has been for the Parlia­ to be reminded of his place in nature. The sors, but as educators and guides and leaders mentarian to refer school lunch issues park, the public garden, the shady forest toward a sane and decent environment. I to the Agricultural Committee. I would trail, the tree-lined river winding through hope that each A.I.A. Chapter might con­ be the last one in the Senate to raise a city; these are not only physical, but spirit­ sider this--and persuade your local govern­ ual resources. ments to establish such catalytic groups. any issue about the jurisdiction, at this Fortunately, our ancestors realized this. So Second, there is the problem of unsightly time. It is true, I understand-although New York has its Central Park, and more than shopping centers. I have not had an opportunity to an­ a dozen other cities once had their park sys­ How many shopping centers are monu­ alyze the record or fully familiarize my­ tems laid out by Frederick Law Olmstead. ments to our lack of imagination-to our in­ self with the background of the issues Who can imagine Washington without its difference? Too many suburban shopping that some Senators have raised-that the hundreds of green oases-526 triangles and centers offer a depressing spectacle: vast, des­ Reorganization Act contains language squares to be exact--the legacy of l'Enfant-­ ert-like parking lots, and dull and unin­ that indicates very clearly, I am advised its old Chesapeake and Ohio Canal, its thou­ viting buildings. The shopping center has that the school lunch program falls un­ sands of trees and open skies? become a sort of "urban strip-mine"-a place Who can fail to delight in San Antonio's of exploitation, when it could be a vital and der the jurisdiction of the Committee on meandering little river, through the heart of attractive village center. Labor and Public Welfare. However, past the city, lined with walkways, terraced gar­ Finally, there is one of the most difficult practice and precedent mean a great dens. busy outdoor cafes? problems: the ugly, ragged city fringes, the deal to me, and procedurally I certainly Paley Plaza in New York-with its rushing blatant neon jungles at the entrance to do not think, after the issue has been waterfall-is more than a triumph of urban metropolis. raised in connection with a particular design. It is a reminder to the city dweller If there is any place in urban America authorization bill at this time in the that there is a world beyond the asphalt and where the natural world and the manmade session when we ought to get on with the concrete: it is a touch of nature in the world are at odds, it is at the city's edge. city din. I hope that architects and planning com­ the legislative business of the Senate, It is a challenge to every public-spirited missions and metropolitan governments ad­ that we should take the time to discuss American architect--to every planner inter­ dress themselves to this blight now-and such a jurisdictional question. ested in the New Conservation: a challenge to find some solutions before the visual chaos I have been informed, although I have provide such pleasant lingering places wher­ becomes irreversible--and unendurable. not as yet had opportunity to say a word ever they are needed. We meet here to talk about "nature," to them about it, that the Senator from The Land and Water Conservation Fund about design, about the environment. But Louisiana and the Senator from Florida which is before Congress at the present time what we are really discussing is people--not is offering a once-in-a-lifetime opportunity abstractions, but human beings. share the same point of view. to acquire vanishing open space, both in the One day I was walking by a drab and I think it may very well be that next city and on its fringes. crudely vandalized elementary school 1n year we can have some informal con­ For too many of the youth in our cities the Southeast Washington. One of your members ferences as to whether there should be experience of nature has been polluted water, was wlth me. Looking up at the broken any modiftcation in the past practice and a "no swimming" sign, The tensions and windows, he made a remark I couldn't for- concerning the assigning of the school 20288 CONGRESSIONAL RECORD- SENATE July 9, 1968 l'unch programs to the Committee on I shall reserve until a later date com­ might be brought to the floor and acted Agriculture and Forestry. ments on what the formula should be upon. It want both the Senator from Florida and whBit the matching arrangements I wish to make two additional com­ and the Senator from Louisiana to know should be. I shall merely say at this time ments. For this particular bill to have that the Senator from Oregon raises no that the senior Senator from Oregon, as gone elsewhere would have been a trag­ question in respect to the jurisdiction of chairman of the Subcommittee on Edu­ edy, because it would have marked the this matter iii this session. cation, is not now raising any jurisdic­ separation of the school lunch program Furthermore-and again I am speak­ tional issue in regard to this subject. into two parts. Two additional sections ing somewhat from hearsay, but I think That does not prevent other Senators would be added to the school lunch pro­ on reliable hearsay-the present chair­ from raising it. However, so far as I am gram by the House bill about which we man of the Senate Committee on Labor concerned, I shall follow the past prac­ have been talking, which came from the and Public Welfare, the incomparable tice of the Senate. That past practice House Committee on Education and La­ Senator HILL from Alabama, and the very has placed the jurisdiction of the school bor. But the remainder of the school distinguished Senator from Louisiana. lunch program in the Committee on lunch program has been handled and [Mr. ELLENDER], chairman of the Agri­ Agriculture and Forestry, under the able will continue to be handled, both in the culture Committee, with whom I have leadership of the distinguished Senator House and in the Senate, by the Com­ had nothing but the most cordial and from Louisiana [Mr. ELLENDER]. mittee on Agriculture. I thought this cooperative relations during our mutual I shall at an appropriate time, during brought about a very unnatural and service in the Senate, have for years the discussion of the education bill, re­ difficult situation. had an understanding that the school serve the right to give consideration to Aside from that, Mr. President, there lunch program would go to the Agri­ amendments that will seek to meet the is still another rea.son why it was im­ culture Committee. demand of the groups to which I have perative that this bill should be handled Mr. President, I am one to back up just referred for an adequate authoriza­ by the Committee on Agriculture and the chairman of my committee. And if tion provision for a school lunch Forestry, at least in my opinion; and this practice has been satisfactory to program. this is that it was proposed to be :fi­ the Senator from Alabama [Mr. HILL], I thank the Senator from Louisiana nanced out of section 32 funds exclu­ sively. As the Senator well knows, sec­ I raise no question about it ~ this session and the Senator from Florida for honor­ ing me with their presence while I made tion 32 is of very great interest to the of the Congress. agricultural community, particularly to I have only one or two brief comments this statement of my position on this procedural matter, for I feared that they many indusrtries in his State and in I want to make about the substantive mine. Not only has it originated in the matter involving the legislation. I think might have been laboring under some misapprehension that it was the Sena­ Committee on Agriculture and Forestry, it is very important that, before we ad­ but also, all measures affecting section journ, we pass a bill that will cover the tor from Oregon who was seeking to challenge the jurisdiction of the Com­ 32 funds and their disPosition, so far school lunch program. as the Senator from Florida knows have It is my understanding-and again, it mittee on Agriculture and Forestry. Mr. ELLENDER. Mr. President, I been handled in that committee, at least is only the result of a brief briefing that for the last 22 years, since he has been a I have received since I returned to the thank: the distinguished Senator from Oregon. Member of the Senate. cloak rooms of the Senate-that the So that for many reasons it would House has passed legislation that does Last week I urged the Chair to send have brought about a very unnatural have a school lunch program in it. There the bill to, the Committee on Agriculture situation for this bill to have been as­ is no doubt as to the great need for and Forestry, and I was informed that signed to the committee so ably headed such a program. the Senator from Oregon had objected. by the distinguished Senator from Ala­ In my judgment, there is no doubt as The record will show that every sug­ bama [Mr. HILL], of which the Senator to the great need for enlarging the au­ gestion made by the Department of Ag­ from Oregon is an active and valuable thorization allowances for the school riculture with respect to the school member. lunch program. I expect to discuss this lunch program, for increasing the Mr. MORSE. Mr. President, will the subject further, I hope next week, when amount, was considered. The committee Senator yield? I bring the education bill before the held hearings and reported a bill accord­ Mr. HOLLAND. I yield. Senate, I hope that my majority leader ing to the views expressed by the De­ Mr. MORSE. I say to the Senator from will take note of my expectation, because partment. Florida and the Senator from Louisiana he has been plaguing me with persuasive Not only does that apply to the school that it may be that it was held up at the arguments and requests to report the lunch program but also to the program desk under my name, as chairman of the education bill to the Senate as soon as providing $32 million to be spent in order Subcommittee on Education. But it is my possible, and that is what my committee to assist children who attend day camps understanding that that was done be­ is trying to do. I hope we shall have it and kindergarten schools. All that has cause counsel of the subcommittee sug­ reported to the Senate next week. been reported to the Senate and has gested to other members of the commit­ But when the education bill is before been made into law. tee, who had some doubts as to whether the Senate, the chairman and the mem­ So far as I personally am concerned, or not it should go to the Committee on bers of his subcommittee expect to dis­ I am willing to listen to any suggestions Agriculture and Forestry, that it was a cuss what the evidence before our sub­ made by the Department as to further good idea to have it held up until I re­ committee hearings has shown as to the increases for the lunch program. turned. But I should like the Senators to great need for a broadened school lunch I am very hopeful, Mr. President, that know that I knew naught of lt until I program in this country. I certainly hope the two bills that are now before the returned; and when I did find out what that we can have reported by the Com­ Senate will be referred immediately. the facts were, I reached the conclusion mittee on Agriculture and Forestry an At this point Mr. HOLLINGS assumed I have expressed on the :floor of the Sen­ authorization bill that will deal with the the chair. Site. school lunch program. I am not talking Mr. HOLLAND. Mr. President, I, too, I am perfectly willing to take the re­ now about the amount that should be wish to express my very great appre­ sponsibility for its being held up, so far provided, although I think it should be ciation to the Senator from Oregon for as its being held up in my name, as chair­ substantially increased over the present the stand he has taken. man of the subcommittee. is concerned; amount authorized for the school lunch The fact is that not only have al'l mat­ but I will not take the responsibility for program. Then we can go to the con· ters affeclting the school lunch program personally holdin.g it up. ference. originated in and been handled by the Mr. HOLLAND. I thank the Senator, There is a strong demand among Committee on Agriculture and Forestry, and I am glad to understand his situ­ school authorities, among parents, but also, my distinguished chairman, ation. among school boards, and among school the Senator from Louisiana, has been May I say to my distinguished chair­ districts of the country to have the Fed­ the particular father of those programs man, the Senator from Louisiana, do I eral Government provide greater as­ all through the years; and he has made correctly understand that the bill has sistance to the school districts in regard a personal matter of handling them for been referred to the Senate Committee on to the school lunch program. speedy determination, so th8!t they Agriculture and Forestry? July 9, 1968 CONGRESSIONAL RECORD- SENATE 20289 Mr. ELLENDER. Yes, that is my un­ tain commitments, not political, relating other body in the hopes of finding some derstanding. to official business in Colorado on both way of obtaining some reliable indica­ Friday and Monday, and I would hope tion that the measure could be disposed that the majority leader would not seek of this session. I have received no such LEGISLATIVE PROGRAM to call up this bill on either of those days. assurances. To the best Of my knowledge Mr. DffiKSEN. Mr. President, I should I think perhaps there would be no ob­ no hearings are contemplated by the like to ask the distinguished majority jection to taking up the bill Thursday, appropriate committee of the House this leader about the schedule and about even from a distinguished Senator who year, and it is not anticipated that a what he has in mind to call up today and, often objects to this measure. I have not bill will be reported to the House this I presume, tomorrow. talked with him, but he has assured me session of Congress. We have quite a number of bills on the before that if he had a couple of days to Mr. CLARK. Therefore, the Senator calendar that have a "hold" on them. look at the report he would be happy does not intend to bring the bill up this There are others that are marked for with this measure; and I hope this can session? consideration at any time. be done. Mr. MANSFIELD. The Senator is cor­ So I address that inquiry to the dis­ I make this statement because in an rect. Any action by the Senate would be tinguished majority leader. effort to facilitate the business of the futile unless the House comes across. Mr. MANSFIELD. Mr. President, if the Senate, I have canceled every trip to my Under these circumstances, it would be distinguished minority leader would State; but I do have official business much more important to fund the opera­ yield, I should like to respond to his re­ there on Friday and Monday which will tions of the Commission to permit it to quest as best I can. prevent my being here. meet its minimum requirements under It had been anticipated that we would Mr. MANSFIELD. Mr. President, what the existing law rather than to slice lay before the Senate the bill intro­ the Senator has said is correct. I had their request by 50 percent, as was pro­ duced today by the distinguished Sena­ forgotten our conversation of last week posed in the appropriations b111 that tors from New Mexico [Mr. ANDERSON or the week before, when the Senator passed the House. The important thing and Mr. MoNTOYA), S. 1975; but because tried to get this bill out before the Fourth is to give them the money to operate so of circumstances beyond the control of of July recess. Of course, we will honor they can carry out their added responsi­ any of us, that is not possible. It is hoped, his request in this respect. This bill will bility which will become effective this not be brought up Friday or Monday. coming year under the 1964 law. I think however, that it will be brought up late However, I would appreciate it if the the Senate should grant the Commis­ this week or early next week. Senator would speak with some other sion's request for additional funds-it is It is anticipated that we will take up Senators to ascertain the possibility of but a matter of an additional $6 million. shortly S. 3227, a bill having to do with bringing it up Thursday. This is a big Mr. CLARK. Now, I wish to make an the Paiute Indians, the Southern Paiute bill. observation. Twelve Senators have a Nation of Indians. I understand it has Mr. ALLOT!'. I will. very important engager.11ent for dinner been cleared on both sides. Mr. COTI'ON. Mr. President, will the Friday evening next. I am sure the dis­ It is anticipated that commencing to­ Senator yield? tinguished minority leader will be ac­ morrow-though not necessarily in this Mr. MANSFIELD. I yield. quiescent in the need to do that sort of order-we will take up S. 3065, reported Mr. COTI'ON. Is it my understand­ thing in Pennsylvania as he so assidu­ from the Committee on Commerce to be ing that because of the fact that both ously is doing in Illinois. followed by Senate Joint Resolution 130, the distinguished Senator from Wash­ Mr. DffiKSEN. I can think of no more and; S. 2445, also from the Commerce ington and I have to attend the markup ideal time to have a late session. Committee. of the independent offices bill-the Sen­ After disposition of these measures we ator from Washington is downstairs now will consider S. 3206 and S. 2525, both and I am going downstairs-that all bills "NO EXCUSE FOR THIS BEHAVIOR"­ having to do with the Federal Water Pol­ from the Committee on Commerce that EDITORIAL lution Control Act. were going to be brought up this after­ Mr. WILLIAMS of Delaware. Mr. By Thursday, we hope to have con­ noon are not going to be brought up? sidered H.R. 14935, having to do with President, last week while in the per­ Mr. MANSFIELD. The Senator is cor­ formance of their duties, one young the regulation of mailing of master keys rect. We could not have brought up some for motor vehicles ignition switches; and Washington policeman was killed and of the bills because of a controversy. another wounded by two men they were H.R. 3400, an act to amend the Federal Mr. DIRKSEN. Mr. President, will the Aviation Act of 1958 to require aircraft attempting to arrest. Senator yield? Following this murder the Black noise abatement regulation. Mr. MANSFIELD. I yield. Also this week we hope to consider United Front attempted to justify this Mr. DffiKSEN. I do not believe I heard crime by approving a resolution stating: H.R. 13402, an act authorizing the use of mention of Calendar No. 1331, S. 3724. certain buildings in the District of Co­ I believe that is the mutual fund bill. The methods of self-defense by the fam1ly lumbia for chancery purposes, and S. charged with the alleged slaying of the hanky Mr. MANSFIELD. It is not specifically cop 1s justifiable homicide in the same sense 3638, a bill to extend for 3 years the au­ scheduled yet. Perhaps in the next day that police are allowed to kill black people thority of the Secretary of Agriculture to or so I will be in a better position to ad­ and call it justifiable homicide. make indemnity payments to dairy vise the distinguished minority leader farmers, and the remainder of the busi­ when that bill will be made the pend­ Yesterday the Washington Daily News ness on the calendar having to do with ing business. in a front page editorial condemned this wilderness and other areas. Mr. DffiKSEN. I thank the distin­ resolution by stating that- It is my understanding that it is quite guished Senator from Montana. There can be no excuse for the slaying likely that the independent offices appro­ Mr. CLARK. Mr. President, will the of a policeman in the performance of his priation bill will be reported by the full Senator yield for a question and an ob­ duty. committee this afternoon. I would hope servation while the distinguished minor­ What makes this situation even worse it would be possible to bring that bill up ity leader is present? is that the Rev. Walter Fauntroy, vice Friday, if not Saturday. Mr. MANSFIELD. I yield. chairman of the District of Columbia Mr. ALLOTT. Mr. President, will the Mr. CLARK. I did not hear mention City Council, is a member of the steering Senator yield? of the equal employment opportunity committee of the Black United Front, Mr. MANSFIELD. I yield. bill. which organization passed this irrespon­ Mr. ALLOTT. On that item I have Mr. MANSFIELD. The Senator is cor­ sible resolution. For any public ofilcial spoken previously with the majority rect. Last week, when the Senator was to condone the killing of a law-enforce­ leader. In an attempt to bring the inde­ not present, the Senator from New York ment officer is shocking. pendent offices bill to the floor during the raised that matter. As I said to him, I Mr. Fauntroy should either resign from latter part of May, or at the very latest, have considered this matter most se- the Black United Front and repudiate before the Fourth of July recess, I have riously since the bill was first reported its irresponsible actions, or he should re­ canceled every trip to my home State to the Senate. I have conferred with the sign as a member of the District of Co­ during the month of June and so far this leadership and Members of the Senate lumbia City Council. If he does not rec­ month. As I explained, I have made cer- and the appropriate Members of the ognize the inconsistencies of his 20290 CONGRESSIONAL RECORD- SENATE July 9, 1968 positions, then Congress should take have expressed grave concern about BUF's Mr. WILLIAMS of Delaware. Mr. some action. position in this case. We hope they have President, I suggest the absence of a made their position crystal clear--especially quorum. I ask unanimous consent that the edi­ to Mr. Fauntroy. torial be printed at this point 1n the The PRESIDING OFFICER. The clerk RECORD. will call the roll. There being· no objection, the edi­ The bill clerk proceeded to call the torial was ordered to be printed in the "NO WffiETAPS FOR CLARK"­ roll. RECORD, as follows: EDITORIAL Mr. BYRD of West Virginia. Mr. Presi­ NO EXCUSE FOR THIS BEHAVIOR Mr. WILLIAMS of Delaware. Mr. Pres­ dent, I ask unanimous consent that the The clumsy, crass attempt by the Black ident, in the July 3, 1968, issue of the order for the quorum call be rescinded. United. Front to justify the heartbreaking Washington Evening Star there appeared The PRESIDING OFFICER. Without slaying of a young Washington policeman, an excellent editorial entitled "No Wire­ objection, it is so ordered. who was trying to make an arrest on the taps for Clark." I quote one paragraph street last Tuesday night, does unaccount­ able mischief to the advancement of under­ from this editorial: SOUTHERN PAIUTE NATION standing and sympathy between the races If there is such a thing as a blue ribbon for OF INDIANS here. inconsistency and nonsense in the field of "The methods of self-defense by the fa.m­ law enforcement lt should be pinned on the Mr. BYRD of West Virginia. Mr. Presi­ Uy charged with the alleged slaying of the lapel of Attorney General Ramsey Clark. Or dent, I ask unanimous consent that the honky cop 1s justifiable homicide," the black perhaps he should share the award with his Senate proceed to the consideration of power coalition said, "in the same sense that superior, Lyndon B. Johnson. Calendar No. 1336, S. 3227. police are allowed. to kill black people and This editorial should be read by every The PRESIDING OFFICER. The bill call it justifiable homicide." will be stated by title. These are half-cocked, irresponsible, and official in the Department of Justice as dangerous words. There can be no excuse well as every Member of Congress, and I The BILL CLERK. A bill (S. 3227) to pro­ for the slaying of a pollceman in the per­ ask unanimous consent that it be printed Vide for the disposition of funds appro­ formance of his duty and there is, at this at this point in the RECORD. priated to pay a judgment in favor of the writing, no evidence that Pvt. Stephen Wil­ There being no objection, the editorial Southern Paiute Nation of Indians in In­ liams and his partner, who was so greviously was ordered to be printed in the RECORD, dian Claims Commission dockets Nos. 88, wounded in the same encounter, were not as follows: 330, and 330-A, and for other purposes. performing their duty at· the time. Nor is The PRESIDING OFFICER. Is there there any doubt that Pvt. W111iams was de­ No WIRETAP8 FOR CLARK liberately slain. (Are we to be asked. to be­ If there is such a thing as .a blue · ribbon objection to the present consideration lieve that he was shot accidentally six times for inconsistency and nonsense in the field of the bill? with his or his partner's service revolver?) of law enforcement it should be pinned on There being no objection, the Senate Beyond the presumption of innocence the lapel of Attorney General Ramsey Clark. proceeded to consider the bill. which we grant those individuals charged Or perhaps he should share the award with Mr. BYRD of West Virginia. Mr. Presi­ with this homicide, what evidence is there his superior, Lyndon B. Johnson. dent, I suggest the absence of a quorum. that anyone, except the pollee, acted in self­ The attorney general last month told a The PRESIDING OFFICER. The clerk defense? Defense against what? Is the Black Senate subcommittee that the federal gov­ will call the roll. United Front trying to say it is all right to ernment would refuse to use the wiretap shoot policemen tn defense against arrest? authority recently granted by Congress in The bill clerk proceeded to call the roll. Apparently so. the omnibus crime bill "except in national Mr. BYRD of West Virginia. Mr. Presi­ It is true that some citizens have been security cases." He had said much the same dent, I ask unanimous consent that the shot by policemen under circumstances thing in the past. In taking this position, order for the quorum call be rescinded. which raised doubts as to whether the use Clark, although he undoubtedly believes in The PRESIDING OFFICER. Without of such drastic force was necessa.ey, and it it himself, was undoubtedly acting in ac­ objection, it is so ordered. ts true tha;t these doubts most often have cordance with the President's command. Mr. MOSS. Mr. President, the bill be­ been resolved 1n favor of the om.cers. But lt But how does this make sense? If wire­ 1s equally true that a policeman puts his life taps, which have been approved for some fore us, S. 3227, is a bill to provide for on the line every day he reports for duty years by the President without any author­ the disposition of funds appropriated to and that the decision to use his gun is per­ tty except his own say-so, are essential in pay a judgment in favor of the Southern haps the quickest, most agonizing and im­ national security investigations, what pos­ Paiute Nation of Indians by the Indian portant declsion he will ever have to make. sible justification is there for refusing to use Claims Commission. It is necessary for The childishly cruel and insensitive state­ them against, for example, organized crime? this payment to be authorized by the ment of the BUF serves only to make the The attorney general has never answered policeman's job more perilous here and the this, except to repeat that they are neces­ bill. The Indian Claims Commission has plight of all those who depend upon the sary in national security cases and not neces­ already held hearings and made its protection of the law more pitiful. sary otherwise. This simply doesn't stand judgment. The amount is fixed. But it It has been pointed out that the Rev. up-not if the government is really serious is necessary that the committees con­ Walter Fauntroy, vice chairman of the D.C. in its "war on crime." sider the matter of payment and the use City Council, is a member of the steering New York's District Attorney Frank S. of the funds. committee of the BUF, as ts the Rev. Chan­ Hogan has testified to his belief that wire­ An amendment to the bill before us ning Ph1llips, Democratic National Com­ taps must be used 1f the higher-ups in or­ has been proposed, and I send it to the mitteeman for the District. Mr. Fauntroy ap­ ganized crime are e:ver to be caught and parently was absent when the "honky cop" punished. Hogan now has completed an in­ desk and ask that it be stated. statement was approved. Rev. Ph1llips was vestigation of corruption in the New York The PRESIDING OFFICER. The there, but he says the word "honky" was City police department. For six years the amendment will be stated. added after he left. district attorney has been tracking down The legislative clerk read the amend­ It makes little difference. Where is the bribery by organized racketeers, principally ment, as follows: reverence these Reverends should have for gamblers, of officers in the department, some On page 4, line 2, strike the period and human life? When it finally appeared to of them highly placed. They are said to have in lieu thereof insert a colon and the follow­ dawn on them that these "honky cops" so been warning the racketeers when honest ing: "Provided, That except for any band that sorely abused by their United Front had police were preparing raids or arrests. has not heretofore been terminated, and ex­ been brave and good men, their expressions This form of corruption by organized cept for such amounts as may be authorized of sorrow for the pollcemen's fam111es had an crime, though it is only one of many, threat­ and approved for per oapita distribution, empty sound. It was too late. The damage ens to undermine the whole fabric of our none of the said funds so deposited shall be had been done. society and its law-enforcement efforts. Yet withdrawn until 60 days after the Secretary When Mr. Fauntroy first joined the BUF President Johnson and his attorney general of the Interior shall have submitlted compre­ we suggested that such membership might wouldn't think of tapping a wire to break hensive, detailed plans for their use to the compromise his service to all District citizens. up the racket. respective Oommittees on Interior and In­ We think that conflict of interest has now What about District Attorney Hogan? sular Affairs of the Senate and the House of become acute. He should resign from the Wiretaps were extensively used in the cor­ Representatives, which 60 days shall not in­ Council right now. ruption probe. Thirty-seven suspects, in­ clude days when either the House of Repre­ As for Mr. Ph1llips, his display of imma­ cluding 19 policemen, have been indicted. sentatives or the Senate is not in session be­ turity in this matter must seriously em­ One of the latter held a key post in the cause of an adjournment of more than three barrass the Democratic Party. We trust the chief inspector's office. Why the wiretaps? calendar d'ays." voters will retire him at the first opportunity. Because Hogan knew, Ramsey Clark not­ Mayor Walter Washington and John Hech­ withstanding, that this case couldn't be Mr. MOSS. Mr. President, I shall ex­ inger, chairman of the D.C. City Council, broken witllout them. plain the amendment. Under the rules July 9, 1968 CONGRESSIONAL RECORD- SENATE 20291 of the committee, it is required that be­ Southern Paiute lineal descent to the satis­ SUPPLEMENTAL Am TRANSPORTA­ fore any of these funds are paid out on faction of the Secretary of the Interior: Pro­ TION a judgment of the Indian Claims Com­ vided, hCYWever, That no enrollee shall have mission, plans are to be submitted as elected or shall elect to participate in the Mr. BYRD of West Virginia. Mr. Pres­ judgment awarded by the Indian Claims ident, I ask unanimous consent that the to how the funds will be used, to deter­ Commission in its dockets numbered 31, 37, mine that they shall not be dissipated or 80, 80-D, and 347, granted to "Certain In­ Senate proceed to the consideration of wasted. dians of California" or in dockets numbered Calendar No. 1334, S. 3566. In this particular case, part of the 351 and 351-A granted to the Chemehuevi The PRESIDING OFFICER. The bill Paiutes have been terminated-that is, Tribe of Indians. Any person qualifying for will be stated by title. they no longer are wards of the Gov­ enrollment as a member of more than one The LEGISLATIVE CLERK. A bill (8. 3566) ernment-but two bands are still wards of the named Indian groups shall elect with to amend the Federal Aviation Act of which group he shall be enrolled for the 1958 with respect to the definition of of the Government. Consequently, it is purpose of this Act. necessary for the funds to be paid out SEC. 2. Applications for enrollment must be "supplemental air transportation", and in two different ways. filed with the Area Director, Bureau of In­ for other purposes. · The pending amendment provides for dian Affairs, Phoenix, Arizona, in the manner The PRESIDING OFFICER. Is there that by stating that those bands that and within the time limits prescribed by the objection to the present consideration of are still wards of the Government must Secretary for that purpose. The Secretary's the bill? have submitted a plan for distribution of determination on all applications for enroll­ There being no objection, the Senate ment shall be final. proceeded to consider the bill, which had the funds. There would be an opportu­ SEc. 3. The cost of preparing the Southern nity to look at the plan for 60 .days, in Paiute Indian roll, and of disposing of the been reported from the Committee on the event any amendments were desired judgment funds, and the deduction of attor­ Commerce, with an amendment, strike to be offered. That is the purpose of neys' fees and expenses and the cost of liti­ out all after the enacting clause and the amendment. gation, shall be deducted from the judgment insert: I have discussed the matter with the fund. The balance of said fund, together with That paragraph (33) of subsection (a) of Senator from Colorado [Mr. ALLOTT], accrued interest, shall be apportioned by the section 101 of the Federal Aviation Act of who is the chief sponsor of the amend­ Secretary of the Interior among the groups 1958is amended to read as follows: ment, and other members of the. com­ of persons entitled to enrollment on the "(33) 'Supplemental air transportation' Southern Paiute Indian roll as provided in means charter trips, including inclusive tour mittee. It is acceptable to all the mem­ section 1 of this Act. Apportionment among charter trips, in air transportation, other bers of the committee, and certainly it said groups shall be on the ratio that the than the transportation of mail by aircraft, is acceptable to me. So I shall be glad to number of enrollees in each group shall bear rendered pursuant to a certificate of public accept the amendment. to the total number enrolled on the Southern convenience and necessity issued pursuant The PRESIDING OFFICER. The ques­ Paiute Indian roll. to section 401(d) (3) of this Act to supple­ tion is on the adoption of the amend­ SEc. 4. The total amounts apportioned to ment the scheduled service authorized by ment. the groups enrolled in section 1 (b) and (c) certificates of public convenience and neces­ The amendment was agreed to. shall be redeposited in the Treasury of the sity issued pursuant to section 401(d) (1) United States to the credit of the respective and (2) of this Act." If The PRESIDING OFFICER. there bands, and may be advanced, expended, in­ SEc. 2. Certificates of public convenience be no further amendment to be proposed, vested, or reinvested in any manner author­ and necessity for supplement air transporta­ the question is on the engrossment and ized by the governing body and approved by tion and statements of authorization, issued third reading of the b1ll. the Secretary. by the Civil Aeronautics Board, are hereby The bill was ordered to be engrossed SEc. 5. The funds apportioned to those validated, ratified, and continued in effect and to be read a third time. Southern Paiute Indians enrolled under sec­ according to their terms, notwithstanding The bill was read the third time. tions 1 (f) and (g) shall be available for any contrary determination by any court distribution in equal shares to the enrollees that the Board lacked power to authorize The PRESIDING OFFICER. The bill except as provided in section 6 of this Act: the performance of inclusive tour charter having been read the third time, the Provided, That except for any band that has trips in air transportation. question is, Shall it pass? not heretofore been terminated, and except The bill