10926 CONGRESSIONAL RECORD - HOUSE July 5 reservations, and for other purposes; to the MEMORIALS By Mr. BALDWIN: Committee on Interior and Insular Affairs. H. R. 8549. A bill for the relief of Teresa M. By Mr. MORRIS: Under clause 4 of rule XXII, me­ Reyes; to the Committee on the Judiciary. H. R. 8545. A bill to amend title 10, United morials were presented and referred as By Mr. BOSCH: States Code, with respect to agreements for follows: H. R. 8550. A bill for the relief of Ernst length of service of graduates of the United By the SJ;>EAKER: Memorial of the Legis­ Windmeier; to the Committee on the Judi­ States Military, Naval, and Air Force Acade­ lature of the State of Alabama, memorial­ ciary. mies, and for other purposes; to the Com­ izing the President and the Congress of the H. R. 8551. A bill for the relief of Alfonso mittee on Armed Services. United States to enact legislation allowing De Martino; to the Committee on the Ju­ By Mr. PATTERSON: the Federal judges of the district courts of diciary. H. R. 8546. A bill to regulate the foreign the United States to direct verdicts in jury By Mr. DAWSON of Utah: commerce of the United States by establish­ cases only in accordance with the scintilla H. R. 8552. A bill for the relief of Michael ing quantitative restrictions on the importa­ evidence rule of the common law; to the Prevedourakis; to the Committee on the Ju­ tion of plumbing brass goods; to the Com­ Committee on the Judiciary. diciary. mittee on Ways and Means. Also, memorial of the Legislature of the By Mr. FISHER: By Mr. VINSON: State of Alabama, memorializing the Presi­ H. R. 8553. A bill for the relief of Stewart H. R. 8547. A bill to authorize the disposal dent and the Congress of the United States Chiu Hao Wu and Virginia Wu; to the Com­ of certain uncompleted vessels; to the Com­ relative to proposing amendments to the mittee on the Judiciary. mittee on Armed Services. Constitution of the United States; to the By Mrs .. KELLY of New York: By Mr. SIKES: Committee on the Judiciary. H. R. 8554. A bill for tlie relief of Charles H.J. Res. 394. Joint resolution proposing and Aida Rosen; to the Committee on the an amendment to the Constitution of the Judiciary. United States relating to the powers reserved By Mr. SIKES: to the States by the 10th amendment to the PRIVATE BILLS AND RESOLUTIONS H. R. 8555. A bill for the relief of Sussanne Constitution; to the Committee on the Judi­ Under clause 1 of rule XXII, private Leiminger McDonald and Kathe Rita Lei­ ciary. bills and resolutions were introduced and minger McDonald; to the Committee on the H.J. Res. 395. Joint resolution proposing Judiciary. an amendment to the Constitution of the severally referred as follows: By Mr. TEAGUE of California: United States vesting the Senate of the By Mr. ANFUSO: H. R. 8556. A bill for the relief of Mrs. Maria United States with certain appellate court H. R. 8548. A bill for the relief of Candida Richter Cornell and her minor daughters, functions; to the Committee on the Judi­ Giovanna Pirecca Nardi and Vito Pirecca Irene Theopile Richter and Beatriz Isabel ciary. Nardi; to the Committee on the Judiciary. Richter; to the Committee on the Judiciary.

EXTENSIONS OF REMARKS Questions and Answers on H. R. 11, an ard Oil Company of Indiana v. Federal Trade that statement for the benefit of those who Commission (340 U. S. 231) and other re­ wish to review more material dealing with Amendment to Robinson-Patman Act cent decisions in similar cases have made it that point. clear that notwithstanding Federal legisla­ -6. Question. Will the law as amended by EXTENSION OF REMARKS tion against price discrimination a large H. R. 11 prevent sellers from reducing prices OF . seller may now discriminate in price even to meet competition? where the effect may be to substantially Answer. No. There ls nothing in the lessen competition and tend to create a mo­ Clayton Act, the Robinson-Patman Act, or HON. WRIGHT PATMAN nopoly. Therefore, the Commission stated in H. R. 11 forbidding price reductions. Un­ OF TEXAS that it is of the opinion that the objectives der those provisions of law any seller would IN THE HOUSE OF REPRESENTATIVES of H. R. 11 • • • are of sufficient importance remain free to lower his price to any level to the effective operation of the Clayton Act he chooses to meet competition or for any Friday, July 5, 1957 that such legislation should be enacted with­ other purpose. Those provisions of the law out awaiting further case by case develop­ do not deal with the question of price re­ Mr. PATMAN. Mr. Speaker, during .ment. ductions. They deal only with the practice recent days the Members have referred In the light of those circumstances it ap­ of price discrimination. to me questions received by them regard­ pears that it is time for each of us to re­ 7. Question. Describe a situation in which ing H. R. 11. Efiort has been made to examine our position on the question of the law could be applied if it were amended supply answers to the Members who re­ whether we are for a free and competitive by H. R. 11. f erred to questions. However, some enterprise system or .for a system of mo­ Answer. Under date of March 8, 1957, the questions have been repeated a number nopoly. When that is done, I am confident Armstrong Creamery Co., of Wichita, Kans., that a majority will be found who are still wrote a letter to Members of Congress and of times. Therefore, for the benefit of opposed to a substantial lessening of com­ to Members of the Senate in which price Members and others I shall insert in the petition and a tendency to monopoly and are discrimination practices of the National RECORD at this point answers I have made therefore in favor of H. R. 11, the equality of Dairy Products Corp. were outlined. That to a number of those questions. The opportunity bill. lt is a bill against mo­ up-to-date instance of price discrimination questions and answers are as follows: nopolies. was described by the Armstrong Creamery Co. as follows: 1. Question. Why do we have Federal laws 3. Question. Would the law as amended by H. R. 11 apply to local sales by retail "Recently the National Dairies Division against price discrimination? (Sealtest) at Kansas City lowered the price Answer. Congress conducted extensive in­ stores? Answer. No. The law applies only to in­ of ice cream 25 cents per gallon throughout vestigations respecting the practice of price this area. Discounts and all other factors discrimination during the periods of 1875-90, terstate sales and shipments. 4. Question. Would the law as amended considered, this new price is lower than 97 1912-14, and 1935-36, and so did the Bureau percent of the sales volume in the area be­ of Corporations during the period 1903-14 by H. R. 11 apply to local sales by whole­ salers? fore Sealtest lowered the price. This low and its successor, the Federal Trade Com­ price makes it impossible for any dairy to mission, during the period 1928-34. Each Answer. It would apply only to interstate sell ice cream at a profit, and if continued sales and shipments. Therefore, since whole­ of those investigations uncovered an abun­ very long will force a number of independent salers and jobbers ordinarily sell only in a dance of evidence demonstrating that the plants out of business. At the same time practice of price discrimination was used single State it would not apply to such sales. Sealtest has been ·raising prices in other widely by large sellers with the effect and On March 18, 1957, I made a statement out­ lining in detail how the equality of oppor­ areas where competitive situations are as result of destroying competition and creating bad, or worse, than they are here. monopolies. Therefore, Congress acted to tunity bill, H. R. 11, would and would not apply to independent oil jobbers. That "The plain fact is that through ineptness curb the practice of price discrimination be­ and mismanagement, Sealtest has lost a lot cause it had been found to be a monopolis­ statement appears in the RECORD commenc­ ing at page 3875 of March 18, 1957. of volume in the past few years and has taken tic practice. this method of regaining their position. 2. Question. Why is H. R. 11 needed? 5. Question. How will H. R. 11 affect Right n.ow they can use the excuse that they Answer. The Federal Trade Commission in freight absorption? are meeting the price of the 3 percent of the its official formal report on H. R. 11 to the Answer. The bill will not prevent freight volume which was sold at a cutthroat figure Committee on the Judiciary, House of Rep­ absorption. In the RECORD of March 18, (and which will always be sold that way). resentatives, March 12, 1957, in effect stated 1957, page 3892, I inserted a statement out­ "Of course, Sealtest's profits ln other areas that the decision by the Supreme Court of lining why it is considered that H. R. 11 will will more than carry the losses they will the United States in the case of the Stand- 11ot prevent freight absorption. l refer to take in this one." 1957 CONGRESSIONAL RECORD - HOUSE 10927 The letter of the Armstrong Creamery Co . . results here are too far in the future and The enemy is too likely to calculate that concluded as have many others I have re­ today we do not dare rely solely on our we would permit him to retain a modest ceived from small and independent business enemy's fear of massive retaliation. Fear conquest rather than invoke a nuclear ex­ concerns in a plea for the passage of H. R. 11. of mutual destruction is a fiimsly basis for change. The only successful counter to this The closing words of that letter were: "It is balance at the brink of the abyss. kind of limited attack is the capacity to meet the only salvation for a great number of We most earnestly ask that you place your the attack at the spot where it occurs. independent businesses." full official and personal weight behind the To have this capacity we would need very 8. Question. Since H. R. 11 ls designed to following five measures, all of which are, flexible forces armed with both conventional eliminate destructive price discriminations in our opinion, likely to aid in the survival and atomic weapons. We would also need Which substantially lessen the competition of mankind, whether of not nuclear war many more troop-carrying airplanes than we and tend to create monopoly, who are those comes. now have on hand. opposing it and why? 1. A National Radiation Institute of We as Members of Congress want to do Answer. Most big business concerns such Health, with sufficient funds to conduct a our part in averting the suicide of the human as National Dairy Products Corp. and the large-scale research program: There is ap­ race. Each of us whose name is signed be­ giant major oil companies are opposed to the parently no scientific doubt that the world­ low believes that this issue transcends parti­ passage of H. R. 11. Need we discuss the wide radiation generated in an all-out war sanship. We respectfully request your per­ details of why when we have before us of H-bombs would be a hazard to life over sonal attention to these proposals and stand examples of the practice of price discrimina­ the whole globe. Scientists also seem to be ready to provide additional information. tion such as the one outlined by the Arm­ agreed that the testing of H-bombs involves Sincerely, strong Creamery Co., of Wichita, Kans.? at least a certain risk. The issue is over the CHARLES 0. PORTER immediacy of the radiation danger-that is, (An.d Six Other Members of Congress). just how many tests the different nations may conduct before the cancer threshold is THE WHITE HOUSE, The Most Serious Default of Leadership crossed. This must be measured against the Washington, June 12, 1957. contribution tests make to our military The Honorable CHARLES 0. PORTER, security. House of Representatives, EXTENSION OF REMARKS Without now judging this question, how­ Washington, D. C. OF ever, we feel that the potential danger alone DEAR CONGRESSMAN PORTER: The President justifies a much greater effort to explore has asked me to thank you sincerely for HON. CHARLES 0. PORTER the possibilities for the treatment or, hope­ your June 7 letter, cosigned by 7 of your OF OREGON fully, prevention of radiation-induced can­ colleagues, urging him to "place (his) full cer, leukemia, and cell degeneration. IN THE HOUSE OF REPRESENTATIVES official and personal weight" behind 5 spe­ 2. Vigorous reassertion of your support of cific measures which relate to atomic war­ Friday, July 5, 1957 an international Atomic Energy Agency: We fare and health hazards and to the char­ believe that the vast majority of the Ameri­ Mr. PORTER. Mr. Speaker, President acter of our Armed Forces. The President can people are fully behind your dramatic asked me to assure you that he will continue Eisenhower's default of leadership has its effort to develop peaceful uses of the atom his efforts to deal effectively with each of most serious consequences in connection through the United Nations. As Congress­ the problems mentioned. He, of course, wel­ with our nuclear weapons policies. The men, we are anxious for the momentum comes the close attention you and your col­ following exchange of letters illustrates behind these proposals to be sustained. leagues have devoted to these crucial prob­ this point. If we had any basis for be­ The exercise of your prestige and leader­ lems facing our country. lieving that appropriate consideration ship will not only insure the passage of the With best wishes. meant anything or that even considera­ appropriate legislation it will also present Sincerely yours, tion was being given to these problems the proper image of the United States as a WILTON B. PERSONS, nation devoted to using the atom to build The Deputy Assistant to the President. relating to the survival of human life a better world. on this globe, we might have more cause 3. A national shelter program: The policy for encouragement. of mass evacuation, on which the United CONGRESS OF THE UNITED STATES, Under leave to extend my remarks in States planned to rely in a war of atom HOUSE OF REPRESENTATIVES, bombs, is now outmoded by the vastly more Washington, D. C., June 22, 1957. the RECORD, I include the following The PRESIDENT, correspondence: · powerful H-bombs. A 50-megaton H-bomb can incinerate all life within a radius of The White House. JUNE 7, 1957. DEAR MR. EISENHOWER: I have received THE PRESIDENT, 15 miles of the explosion. Within a few days the people who live in the downwind area General Persons' letter of June 12, replying The White House. to my letter of June 7, cosigned by 7 of my DEAR MR. PRESIDENT: We, the undersigned of fallout will also sicken and die. Under these circumstances, it appears colleagues, and I am now writing to ask Members of Congress, respectfully and ur­ that you undertake the comment specifically gently call on you to support five steps in prudent and imperative to provide some form of shelter for our people at the places where on each of the 5 specific measures set forth the direction of survival in the face of the in the letter. · awesome peril arising from the development they live and work. Our capacity to take a blow and keep on I do not need to be assured that you will of nuclear weapons. continue to attempt to do your best to deal ~ You have repeatedly pointed out the fighting is just as important as our ability to deliver one. An adequate system of shel­ effectively with each of these problems and, terrifying proportions of the present situa­ of course, I know you welcome the close at­ tion. "Humanity," you said in your Sep­ ters will therefore give pause to a potential aggressor and make a formidable contribu­ tention of Congress to such problems. tember 19, 1956, broadcast, "has now I recognize very well the immense demand achieved, for the first time in its history, the tion to our policy of deterrence. ' 4. Your appointment of a Special Advisory of your job and it seems quite appropriate power to end its history." to ask that you take a definite stand on each Humanity's history may in fact end in the Committee to the AEC vested with authority to declassify data on radiation: We recognize of these five matters since they are inti­ space of a few hours. Three nations have mately related to human survival in the face the means to end it. An accident could trip that secrecy about some kinds of data on of imminent peril. the mechanism of retaliation. A limited war radiation may be vital to our national se­ could spiral out of control. The U. S. S. R. curity. On the other hand, official silence I hope that you will see fit to reply specifi­ or even reassurances have on several occa­ cally to my June 7 letter. could coldly calculate that time is on the Sincerely yours, side of the Free World and that it could win sions in the past been followed by contrary an an-out war even with its back broken by evidence from independent scientific sources, CHARLES 0. PORTER, our counterattacks. for example, the Japanese physicists who Member of Congress. We realize that these thoughts are not new analyzed the fallout from our Pacific tests. to you, Mr. President. You recognize your Such incidents breed suspicion and an THE WHITE HOUSE, duty and we recognize ours. We surely agree emotional approach toward the tests, making Washington, June 26, 1957. both on the magnitude and the imminence it difficult for the American people to reach The Honorable CHARLES o. PORTER, of the nuclear danger. Here indeed is a a fair judgment. We are convinced that House of Representatives, brink on which we and all the world teeter. the public has the right to judge the issue Washington, D. C. Contemplating the abyss need only occupy for itself. Consistent with security, the peo­ DEAR MR. PORTER: Further respecting your a moment. Then our efforts must turn ple should be given the information they June 7 letter, my June 12 reply, and your toward regaining our balance and moving need to do so. June 22 request for supplementary com­ to solid ground. 5. Increased emphasis on military forma .. ments, I have been requested to advise you Our long term goal of arriving on this tions capable of fighting limited or brush­ in respect to the questions raised in the solid ground safely away from the nuclear fire engagements: As you have cogently ob­ June 7 letter that: ( 1) The suggested Na­ abyss is of course a workable disarmament served, concentration upon massive weapons tional Radiation Institute of Health will re­ agreement and we are encouraged by the in the fields of research and delivery can ceive appropriate consideration; (2) the In­ vigor of your policies in this area. But lead to a dead end in strategic thinking. ternational Atomic Energy Agency Treaty has 10928 CONGRESSIONAL RECORD-· HOUSE July 5 just been ratified by the Senate; (3) Presi­ MARCH 19; 1957. wounds occurred when the legislation dential views respecting civil defense needs Mr. WALLACE E. PETTIGREW, was before us. are reflected in legislation recently consid­ San Franci sco Petroleum Retailers As­ An acute and timely analysis of the ered by the House Armed Services Commit­ soci ation, San Francisco, Calif. dilemma facing us Democrats appears in t ee, on which administration witnesses have DEAR MR. PETTIGREW: I am glad to have testified at length; (4) the suggested Special your letter of March 14 asking me for state­ the New York Times magazine section Advisory Committee will likewise receive ments which will explain what the equality for July 7, 1957. It is written by my appropriate consideration; and (5) recent of opportunity bill, H. R. 11, would do. good friend · and distinguished fell ow executive branch testimony on the pending I am enclosing pages from the CONGRES­ Oregonian, RICHARD L. NEUBERGER, the defense appropriation and mutual security SIONAL RECORD which contain statements by junior Senator from Oregon. As always legislation presents Presidential concepts me, explaining both the purpose of the bill he writes without pulling his punches and programs respecting conventional and and how it would work. and on a solid basis of pertinent facts. nuclear weapons and all other major aspects To give brief answers to your specific of our defense efforts. questions, however, they are as follows: I am glad to associate myself with his Your further interest in these matters is First, you ask whether H. R. 11 would ap~ views on this crucial matter. appreciated. ply in the Sta.te of California. The answer The article follows: With best wishes. is that it would apply in all States and in WASHINGTON.-Can the Democratic Party Sincerely yours, the District of Columbia. However, since of today actually ·be regarded as the majority WILTON B. PERSONS , the bill involves Federal law, and not a party in the Nation'/ The Deputy Assistant to the Presi dent. State law, it would apply only to those com­ This is what many of its partisans claim, panies that are in interstate commerce. and this is what might be assumed from the The question of whether ·a company is in fact that the Democrats have held numerical interstate commerce is, in some instances, superiority in both branches of Congress a rather technical one, but in general it during most of President Eisenhower's Two Questions About H. R. 11: Interstate means that the company must be in busi­ residency at the White House. Commerce and Suppliers' Price Cuts To ness in more than one State, or that it sells It is my belief that this supremacy is far its products in more than one State. As more illusory than real. In truth, the Demo­ He_lp Retailers Meet Local Competition a general rule, the bill would not apply to cratic Party now confronts its greatest crisis sales made by a single store retailer, although in modern times. If the crisis is not suc­ EXTENSION OF REMARKS it would give protection to such a retailer cessfully weathered, the result could be ban­ OF from the discriminatory selling practices of ishment for the Democrats for many decades a company which is in interstate commerce. from the executive branch of Government. HON. WRIGHT PATMAN Your second question is whether a major Conversely, mastery of the crisis by the Democrats might mean a return to the po­ OF TEXAS oil company from which you purchase sup­ plies would be able to drop its price to you, litical glories of the New Deal, for the Re­ IN THE HOUSE OF REPRESENTATIVES in order to help you meet local competition. publicans are likewise not without their Friday, July· 5, 1957 The answer is that the oil company could grave and serious problems. drop its price to you, within certain limi­ In the 2V2 years that I have been a Mem­ Mr. PATMAN. Mr. Speaker, I have a tations. The limitations are that the bill ber of the United States Senate, a pair of letter of March 14 from the San Fran­ would create a strong tendency to require situations have surprised me more than any cisco Petroleum Retailers Association, the major oil company, if it drops the price others. One is the depth and even grimness Inc., which asks two quite specific ques­ to you, to drop the price also to its other of the feeling against granting equality to dealers who are in competition with you. the Negro on the part of many southern tions about the equality of opportunity Democrats. The other is the hostility of bill, H. R. 11. Believing that other small­ I use the phrase "strong tendency" for this reason: The bill does not require the sup­ most Republit::an Senators-and this incluaes business people, as well as Members, may plier to accord absolutely fair and equal even some of the so-called modern Repub:.. be interested in these questions and my treatment to its competing dealers; but it licans-toward the mildest kind of social answers, I am offering for the RECORD does forbid the supplier to discriminate and economic reform. the letter from the San Francisco Petro­ among its dealers to such a serious extent These two circumstances pose both the leum Retailers Association, Inc., together that the effect may be, in the language of sternest challenge to the Democratic Party with my reply, both of which follow: the bill, "substantially to lessen competi­ and its principal opportunity. Of the tion or tend to create a monopoly." existence of the challenge there can be no SAN FRANCISCO PETROLEUM doubt, for the political timbers of the RETAILERS ASSOCIATION, INC., In other words, it is this key language which I have quoted above which would Democratic party have not required such San Francisco, Calif., March 14, 1957. propping and sheathing since the Hoover Hon. WRIGHT PATMAN, determine whether or not your supplier's dis­ criminatory selling practice is illegal. This landslide of 30 years ago. House of Representatives, House Office, Although it has won five comparatively Building, Washington, D. C. is the same language which defines an illegal merger of corporations, under section 7 of recent presidential elections, nevertheless DEAR Sm: In order to aid us in combating the share of the popular vote collected by the propaganda that the oil companies are the act; and it is the same language which defines an illegal exclusive-dealing agree­ the Democratic Party throughout the Na­ putting out to their dealers to get them to tion has declined steadily ever since 1944-­ oppose H. R. 11, we would like an answer ment and an illegal tie-in sales agreement under section 3 of the act. and this is particularly true in the teeming from you that we can use in our letters, metropolitan areas where most Americans I hope that these remarks and my en­ bulletins, and press releases. live. And, while some Democrats unques·­ Specifically the statements have been closed statements will clarify all of the issues tionably derive satisfaction from the party's made that H. R. 11 would not apply to Cali­ for you. continued statistical preponderance in both fornia, and also that in the event of an I an1, Chambers of Congress, the very nature of Sincerely yours, independent dropping his price in an area, this advantage should a ~ord some concern the major supplier would not be able to WRIGHT PATMAN. to those who trust that the Democratic help their dealer in that area. The two Party soon will return to national office. statements are, of course, incongruous, but While the iniluence of the South in party are typical of the steps that are being taken affairs is doubtless a factor contributing to to defeat this legislation. Democrats' Dilemma: Civil Rights the dwindling proportions of the Democratic Our legal counsel has advised us that vote in the strategic urban counties of the naturally H. R. 11 would apply in California, East, it is a harsh reality that the Democrats and we are going on that premise. EXTENSION OF REMARKS would be far outnumbered in the Senate and As I mentioned above, we would like a OF the House were it not for their nearly unani­ complete explanation from you as to the mous congressional victories in the States ramifications that H. R. 11 would have if HON. CHARLES 0. PORTER which lie below the Mason and Dixon line. passed, and your permission to use this in­ OF OREGON The statistics in this respect are both de­ formation to the fullest. IN THE HOUSE OF REPRESENTATIVES cisive and startling. They emphasize that The board of directors of the San Fran­ the Democratic dominance in the Nation cisco Petroleum Retailers have voted in favor Friday, July 5, 1957 outside the South is a myth. In the 1956 of supporting this bill, and we will contact Mr. PORTER. Mr. Speaker, the civil­ elections, the Democrats nationally polled all the Members of Congress from this State rights discussions now being launched 1,160,000 more votes than the Republicans in to that effect. in the other body can result in grievous contests for House seats, and 1,500,000 more Thank you for your courtesy, and the best votes where Senatorial desks were at stake. of luck for a winning battle. hurt to the Democratic Party and to the But what occurs when the single-party Yours truly, cause of liberalism in the United States. South is removed from this compilation? SAN FRANCISCO PETROLEUM It is a tribute to the character of the The Democrats then become 2,600,000 votes RETAILERS ASSOCIATION. Democrats in this House that no such shy of their Republican rivals in House con- 1957. CONGRESSIONAL RECORD - HOUSE 10929 tests and 1,300,000 votes wanting in con.. the long-enduring seniority system. This I always have felt they could announce to tested engagements for Senate seats. was used effectively among the not inconsid­ their southern colleagues that an oppor­ The inevitable conclusion from all this fs erable colored vote in Louisville, although tunity to ballot unimpeded on effective civil­ that the Democrats, in addition to their Senator Clements had been a backer of legis­ rights legislation was going to be the con­ stunning defeats for the Presidency in 1952 lation to safeguard civil rights. sideration for continued northern support and again in 1956, are definitely a minority Nor, at the. national level, can Democrats of a Senate organized by the Democratic party in the States where actual battles are ignore the facts highlighted by Richard L. Party. waged over Senate and House positions. For Lyons of the Washington Post and Times After all, under the inexorable seniority example, the Democrats now hold a margin Herald, when he wrote last November: "Elec­ rule, most of the committee chairmanships of 49 to 46 in the Senate, with 1 place vacant tion returns made it evident there had been belong to southerners when the Democrats since the death of ·senator McCarthy. A a significant Negro Presidential voting switch form a majority of the Senate's membership. similar margin prevailed in the last Con .. away from the Democratic Party standard They have the choice seats at the head of gress. Yet even this slim majority is found­ bearers, with whom they had been allied the green felt tables, control of the selec­ ed completely on 22 safely Democratic seats since Franklin D. Roosevelt's day • • •. In tion of committee staffs and the scheduling from 11 Southern States, where senatorial every city surveyed, President Eisenhower of bills, the gleaming limousines and the elections go to the Democrats practically by won a larger percentage o:f the Negro vote other perquisites. They would lose these default. If these southern seats were split then he did in 1952." emoluments if the northern Democrats ab­ equally between the parties, the result would What are the chances of healing the Dem­ stained from contributing the votes neces­ be decisive Republican rule in the Senate ocratic cleavage over this burning issue? sary to Democratic control of the Senate. by an edge of at least 58 to 38. And, barring a thorough rapport within the It is one of the political ironies of our party, how can the Democrats recover politi­ era that the Democrats from the North must Thus the Democratic Party is in the cally from a breach that has widened ever wage the most desperate battles against anomalous position of being dependent for since the Supreme Court verdict in the their generously financed Republican foes, its Congressional majorities on an element school-segregation cases? but to the Democrats from the one-party that is a liability nationally-the Southern­ I believe these events are necessary in South go the chairmanships and the prestige ers who oppose civil-rights legislation. It is order to attain such results: posts in the Upper Chamber. While it may this question that threatens the party's fu­ be presumptuous for a Senate tyro to voice ture. Virtually all southern Democrats op­ 1. Civil-rights legislation must be enacted. Without this basic prerequisite, the contro­ such a prediction, I prophesy there might pose Federal legislation guaranteeing the be a rollcall vote at last on civil rights if Negro his voting privileges and civil liberties. versy will smolder indefinitely within the halls of Congress-and particularly inside the northern Democrats sought this in re­ With any matter even remotely touching turn for supplying the numerical strength the race question at issue, earnest southern the Democratic Party. Southern Democrats, while expressing to the full their legitimate to make possible continued Democratic titu­ liberals like LISTER HILL and JOHN SPARK­ lar supremacy when the Senate is organ­ MAN of Alabama must take the same essen­ views, must refrain from using a filibuster to prevent perpetually a vote in the Senate ized. tial position-albeit not so fiamboyantly­ Nor do I regard such a bargain as im­ as JAMES 0. EASTLAND of Mississippi and on civil rights. Not only is this legislation needed and merited, but unless Southern proper. No southern Senator would be asked R,ICHARD RussELL of Ge~rgia. Some of the to surrender his honest convictions and be­ political realities ruling the South were Senators are willing to forego stalling tactics and interminable debate, the Democratic liefs, but merely to forego the use of essen­ demonstrated in 1956 when the elderly tially undemocratic Senate rules which block Senator Walter F.' George of Georgia, him­ Party eventually could be wracked to pieces. 2. Northern Democrats-at least until majority action on civil-rights legislation. self a longtime foe of civil-rights legislation, My third proposal was that northern and h_ad to give way before a young challenger their numbers in the Senate are appreciably greater than at present--must accept grace­ southern Democrats must join in drama­ who differed from Senator George only by tizing Democratic liberalism. One of the adopting a more strident attitude toward fully as leader of the party in the upper chamber someone like LYNDON B. JOHNSON, main reasons the Democratic Party is in this problem. . trouble nationally is a widely held belief · When even Democrats with the liberal of Texas, who represents a composite of Democratic Senators and who is close to the that, under its current leadership, it is los­ reputation of J. W. FULBRIGHT, of Arkansas, ing out on liberal issues to the Eisenhower and ALBERT GoRE, of Tennessee, stand against southerners on the issues which move them most emotionally. Insistence by some Republicans. Many of my constitutents have resolutions to limit debate so the Senate can recently expressed the disgruntled viewpoint finally vote on civil-rights proposals, this northerners on a Senate leader farther to the left, while perhaps not as divisive a that the Senate Democratic spokesmen are becomes a heavy burden for their colleagues to the right o:f the political :figures who de .. to carry in Northern States. Indeed, I be­ force as the adamant southern antagonism to civil rights, nevertheless contains real ele­ scribe themselves as modern Republicans. lieve his allegedly "moderate" posture on This notion, prevalent though it may be, civil rights was Adlai Stevenson's greatest ments of peril for a united and cohesive party. is far from the actual truth-but I must single liability during the recent Presiden­ confess that we Democrats have done an in­ tial campaign. The civil-rights dilemma 3. Northern and southern Democrats effective job of countering propaganda about loads down the Democrats in the North, as alike, once the breach is even slightly closed, so-called modern Republicanism. the Old Man of the Sea sat athwart the must dramatize for the country that there In fact, on many basic domestic issues­ shoulders of Sindbad the Sailor. never would have been substantial economic expansion of social security, custodianship of The assumption has been made that this gains either for Negroes or for whites if natural resources and taxation predicated on liability prevails only among Negro voters. Republican policies on social welfare had ability to pay, to name only three-the sup­ I doubt if any conclusion could be more dominated the Nation during the past quar­ posedly conservative Senate leadership of the fallacious. During the 1956 campaign my ter of a century. Democratic Party has been markedly more wife and I delivered more than 350 speeches The first two of these proposals require liberal than prominent symbols of "modern" urging the reelection of Senator WAYNE a certain modest degree of accommodation Republicanism on the other side of the aisle. MORSE. We were continually confronted by both sides to the simmering strife over On almost all issues except those embodying with the charge that a vote for Senator civil rights and related matters in the Dem­ the general problem of civil rights, the vast MORSE, the Democrat, was a vote to con­ ocratic Party. Yet I think the compromises majority of Democrats in the Senate are con­ tinue Senator EASTLAND as chairman of the. involved are reasonable. spicuously to the left of the Eisenhower Senate Judiciary Committee, where civil­ As for the Democratic liberals-on one Republicans. This does not mean all such rights legislation normally originates. This recent intraparty division along liberal-con­ Democrats are invariably liberal per se, but contention could not have come predomi­ servative lines, we liberals from both North rather than they are favored greatly by the antly from Negroes, for · less than 2 percent and South could muster only 20 of the 49 contrast in economic outlook between them­ of Oregon's population is colored. Democratic Members of the Senate. When selves and most of their GOP colleagues. Furthermore, Senator MORSE himself had our Members are considerably less than half Whatever may be the faults of the Demo­ protested the accession of Senator EASTLAND of the total, how valid a right do we have cratic Party, they are trivial when compared to the Judiciary chairmanship, while Mrs. to object to a leader who symbolizes more with the indifference of its principal com­ Neuberger and I, as· State legislators, had of a cross section of party membership in petitor to the continuing need for fairness been sponsors of Oregon's own Fair Employ­ the Chamber? I would calculate that LYN­ and justice in our social and economic ment Practices Act and State civil-rights DON JOHNSON stands quite a few notches structure. bill. Yet we still were kept on the defensive closer on the political spectrum to Senator It is for thjs compelling reason that I over the hostility to civil rights on the part PAUL H. DOUGLAS than to Senator EASTLAND, believe the Democratic Party must not crack of many of my southern colleagues. and I doubt if we liberals have a bona :fide apart into a Northern and a Southern fac­ Of course, the charge has hurt the party case at present against a Senate leader who tion. Such a break would only surrender the with Negro citizens, too. After his narrow thus synthesizes the views of the men from Government of the United States to the defeat for reelection in Kentucky, Senator whom his authority stems. Republicans, virtually by default, for far Earle Clements told me that he had been But suppose the southern Democrats do into the future. The opposing forces in the sharply attacked because, as assistant Demo­ not consider this northern concession a suf­ civil-rights controversy must resist the cratic floor leader, he had performed the ficient quid pro quo for abandoning their temptation to go their separate ways. purely automatic task of presenting Senator right to filibuster civil-rights legislation? As a. Northern liberal, I often feel that I EASTLAND'S name for chairman of the Judi· The northern Democratic Senators are not would prefer to be in a separate party in the ciary Committee, a promotion governed by helpless; they bold some t1·ump cards, too. Senate, rather than anchored in any fashion 10930 CONGRESSIONAL RECORD- SENATE July 8 to fellow party members who are so stub­ reasons are perfectly clear. They want limits on price discrimination by passage of bornly determined to block civil-rights laws. to gain a complete monopoly control over the Robinson-Patman Act in 1936. But the Perhaps my Southern colleagues-equally our domestic oil industry as they have majority opinion of the Supreme Court in rooted in their differing views-may occa­ gained monopoly control over the inter­ the Standard Oil (Indiana) case drove a sionally harbor similar thoughts. But then serious loophole into the law. According to I peer across the center aisle at our Republi­ national oil trade. Standing in the way this opinion, a seller is justified in dis­ can rivals: people sincerely convinced of the of that accomplishment are the inde­ criminating in price as between his com­ rightness of their attitudes, but militantly pendent producers, refiners, and distrib­ peting customers, when he is meeting the against the legislative correctives and pallia­ utors in our great American petroleum price offered by a competitor to one of those tives which are so necessary to help the less industry. customers no matter to what extent compe­ favored and less fortunate in an economic There is a means by which these giant tition may be destroyed. system such as ours. And I realize that both international oil combines can destroy H. R. 11 simply says that such discrimina­ the Democratic North and South will have tions will not be permitted where the effect to give ground so that the political party can the independent producers, refiners, and may be, in the language of the bill, "sub­ endure which conquered the depresssion, distributors of our domestic petroleum stantially to lessen competition or tend to mobilized the victorious war against the Axis industry. That means is the use of the create a monopoly." and took the heroic but politically hazardous practice of price discrimination. H. R. If we do not have effective laws against steps in Korea to curb aggressive com­ 11 would curb the practice of price dis­ monopoly and against unfair methods of cre­ munism. crimination. Therefore, the giant inter­ ating monopoly, countless small businesses If it is to fulfill its challenging mission of national oil combines oppose it. will be needlessly destroyed, and, in fact, the advancing liberalism, the Democratic party whole country will be hurt by high prices, must overcome the civil-rights crisis which Recently I wrote Mr. Gordon M. Robb, low production, unemployment, and slow has cost it so dear in recent elections. of Houston, Tex., a letter in which I progress. Failure to accomplish this could be fatal to pointed out the dangers in allowing these The fully integrated major oil companies the party and, more important, lastingly giant international oil combines and with international connections and facili­ detrimental to the Nation. those associated with them to continue ties are among the worst offenders against the practice of price discrimination. I our antitrust laws. They, as the Standard Oil Company of Indiana, have utilized the believe that the Members may be inter­ practice of price discrimination to eliminate H. R. 11 Would Operate Against Monopo­ ested in reading the letter I wrote to Mr. independent oil producers, refiners, and dis­ Robb because in it I have tried to dispel tributors. lization of Oil Industry by International some of the misinformation and clear Recently I had some research done re­ Oil Combines up some of the misunderstandings about garding the decline in the number of active H. R. 11. That letter is as follows: and inactive oil refining companies in the APRIL 29, 1957. United States. In that connection it was found that in 1920 the number of such com­ EXTENSION OF REMARKS Mr. GORDON M. ROBB, OF · Houston, Tex. panies totaled 274. In 1950 the total num­ ber of active and inactive small refining com­ DEAR MR. ROBB: I thank you for writing me HON. WRIGHT PATMAN on April 22, 1957, about H. R. 11 to amend panies had dropped to 193. I am informed section 2 (b) of the Robinson-Patman Act. that at the end of 1955 the total number of OF TEXAS refinery companies stood at 179. Included IN THE HOUSE OF REPRESENTATIVES Your interest in this proposed legislation 1s appreciated. It does appear, however, in ~hat are the 30 major integrated, inter­ Friday, July 5, 1957 that someone has misinformed you concern­ national oil combines. Thus, the total of ihg the possible effects of this proposed legis­ independent refinery companies in the Mr. PATMAN. Mr. Speaker, hereto­ lation on various methods of doing business. United States at the end of 1955 stood at 149. fore I have referred to propaganda dis­ Enclosed is a copy of H. R. 11. It is a That number is growing smaller. tributed by representatives of the inter­ simple and modest proposal. You will note Thus, you can see that if the trend to national oil combines in opposition to that it provides that the "good faith" meet­ monopoly based on monopolistic practices H. R. 11. On January 28 I placed in the ing of competition shall be a complete de­ such as price discrimination and other fac­ fense to a charge that a seller has unlaw­ tors continues, it will not be long before CONGRESSIONAL RECORD at page 1034, on independent oil producers will have no in­ 'January 29 at page 1219, and again on fully discriminated in price unless the effect of the discrimination would be to substan­ dependent oil refineries as markets for their February 5 at page 1570, quotations from tially lessen competition or tend to create products. The international major oil com­ and citations to documentary evidence of a monopoly. panies will constitute the only markets. a false front lobbying campaign which The reason why we must have a law to Then the prices the independent oil pro­ had been planned and organized by the curb price discrimination is that without ducers will receive will be the prices the international oil combines against H. R. such a curb big competitors destroy small international oil companies decide they wish competitors without respect to efficiency or to pay. 11. Since then the Antitrust Subcom­ In view of these circumstances I am not mittee of the Committee on the Judi­ other merits, and the result is that all busi­ ness tends to end up in a monopoly. surprised that the opposition to H. R. 11 ciary, United States Senate, has held ex­ By discriminating in price, a big seller may and to other proposals to strengthen the tensive hearings dealing with that sub­ destroy his smaller competitors even when laws against monopolistic price discrimina­ ject and has more fully documented the all competitors receive their supplies at the tions has been led by the major oil com­ evidence on that point. same price and have the same unit operating panies. I have made some speeches on the Until we analyze the situation, it is cost. But when discrimination is a general floor of the House about this. Enclosed for difficult to understand the reasons why practice in business, the bigger competitors your information is a reprint of some of these receive another unearned advantage in the recent statements. the international oil combines and other price they pay for supplies, and they almost I trust that this information will be found major oil companies associated directly inevitably use this advantage to destroy to be responsive to your inquiry of April 22. with them have gone to such lengths in smaller competitors. :With best wishes and kind regards, I am, their opposition to H. R. 11. However, Some of us thought that we had solved Sincerely yours, once we look into the matter, then their this problem and had placed some reasonable WRIGHT PATMAN.

SENATE lems of our national life with honest THE JOURNAL dealing and clear thinking, and with On request of Mr. JOHNSON of Texas, MONDAY, JULY 8, 1957 hatred of all hypocrisy, deceit, and sham. and by unanimous consent, the Journal Save us from lowering the shield of of the proceedings of Wednesday, July 3, The Chaplain, Rev. Frederick Brown national solidarity by divisive policies Harris, D. D., offered the following and Friday, July 5, 1957, was approved, in a perilous hour. May we close our and its reading was dispensed with. prayer: national ranks in a new unity, as powers O God, our Father, Thou searcher of without pity or conscience seek to de­ men's hearts, from whom no secrets are stroy the birthright of our liberty of MESSAGES FROM THE PRESIDENT­ worship and speech and the sanctity of hid: At this beginning of a new week of APPROVAL OF BILLS counsel, help Thy servants in the minis­ the individual. In all our thinking, help try of public affairs to draw near to us to keep step in the ranks of those Messages in writing from the Presi­ Thee in tranquillity, in humility, and who do justly, love mercy, and walk dent of the United States were commu­ sincerity. With Thy benediction upon humbly with Thee, our God. We ask it nicated to the Senate by Mr. Miller, one them, may they face the thorny prob- in the dear Redeemer's name. Amen. of his secretaries, and he announced that