1955 CONGRESSIONAL RECO.RD -. HOlJSE 4703 enrolled bill (S. 752) to amend section took a recess until tomorrow, Wednes­ create social justice, and bring peace to 102 (a) of the Agricultural Trade De· day, April 20, 1955, at 12 o'clock all mankind. velopment and Assistance Act of i954, s0 meridian. In Christ's name we pray. Amen. as to eliminate the requirement that The Journal of the.proceedings of yes­ privately owned stocks ·exported there­ CONFIRMATIONS und~r be , replaced from Commodity terday were read and approved. · Credit Corporati~n ~tocks. · Executive nominations confirmed by the Senate April 19 (legislative day of April 18), 1955: DR. ALBERT EINSTEIN RETIREMENT OF SIR WINSTON UNITED STATES CIRCUIT JUDGE Mr. MOLLOHAN. Mr. Spea~er, I ask CHURCHILL Warren L. Jones, of Florida, to be United unanimous consent to address the House States circuit judge for the fifth circuit. for 1 minute. Mr. JOHNSON of Texas. Mr. Presi­ The SPEAKER. Is there objection to dent, the recent retirement of Prime CIRCUIT COURTS, TERRITORY OF HAWAII Hon. Gerald R. Corbett, of Hawaii, to be the request of the gentleman from West Minister Winston Churchhill ended the Virginia? - public career of one of the greatest men sixth ·judge of the first circuit, circuit courts, in history. We Texans have a deep ap­ Territory of Hawaii. There was no objection. preciation for his tremendous contribu­ Mr. MOLLOHAN. . Mr. Speaker. the Nation today mourns the loss of one of tion to the cause of freedom in the WITHDRAWAL world. its outstanding citizens, Dr. Albert Ein­ I ask unanimous consent to have Executive nomillation withdrawn stein, whose tremendous contributions to printed in the RECORD a resolution from the Senate April 19 (legislative day the world and to this Nation have liter­ recently adopted by the Senate of the of April 18), 1955: ally changed the course of this century State of Texas. POSTMASTER in which we live. There being no objection, the resolu­ Jesse T. Smathers to be postmaster at Can­ Many honors have been showered upon tion was ordered to be printed in the ton in the State of North Carolina. Dr. Einstein during the course of his life RECORD, as follows: and many more will be dedicated to his •• ..... I I memory. But I can think of no greater Senate Resolution 203 tribute which this Congress could pay to Whereas on April 5, 1955, one of the great men of our time, the Right Honorable Sir HOUSE OF REPRESENTATIVES him-and certainly none that would be Winston Churchill, Prime Minister of the more fitting-than that the House re­ British Empire, retired from a lifelong TUESDAY, APRIL 19, 1955 examine the immigration laws of our career of active public service; and country in order that future "Dr. Ein­ Whereas the cloth from which men of the The House met at 12 o'clock noon. steins," whether potential or recognized, caliber of Churchill is cut is seldom loomed, Rev. Alec Gerald Nichols, First Meth­ shall not be barred from our shores be­ as expressed in the immortal prose of odist Church, Santa Ana, Calif., offered cause of our preoccupation with un­ another Englishman of 3 centuries ago, the following prayer: · worthy fears, mistrust, and discrimina­ Shakespeare-- O God, our Heavenly Father, we come tion against the stranger who knocks at "He was a man, take him for all in all, to Thee in adoration and praise, thank..: our gates. We shall not look upon his like again"; and ing Thee for life, liberty, and the glorious Surely no finer monument .could be Whereas the empire of Texas, mother of rights guaranteed to us as citizens of this erected to the great heart and great many patriots herself, wishes to c~mgratulate Nation. mind of Dr. Einstein than for this House the British E,mpire for her good fortune in Grant that we :nay not be so con­ to put life and meaning into the Refugee having had available the services of this cerned with the enjoyment of these Relief Act. Need I remind any Member patriot; and of the House that this act was passed by Whereas the empire of Texas wishes to rights as·to forget the attendant respon­ pay tribute and honor to Winston Churchill sibilities. May we ever be aware that the 83d Congress for the humanitarian for _his superb leadership and innumerable in Thy sight we are the trustees-the purpose of admitting to this country contributions to the freedom-loving people stewards of these priceless privileges. 214,000 of those who seek escape from of the world: Now, therefore, be it We pause for a moment to honor the tyranny and oppression, from hardship ·Resolved by the Senate of the State of memory of Dr. Einstein. Grant, O and suffering in their mother lands to Texas, That we here and now pay· our re­ Father, that his great discoveries shall reach America, where liberty was cradled spects to a beloved world citizen, Winston and independence nurtured. Yet, today, Churchill, and congratulate the British be ultimately used for the blessings of Empire upon the outstanding services which mankind. this legislation stands a bar instead of a it has received; and be it further We commend to Thee, O Lord, our door to freedom. Resolved, That this resolution be spread on President and all who are engaged in In memory of Dr. Einstein, then let us the pages of the senate journal, and that government; grant to them integrity of engrave upon our hearts as well as upon copies be forwarded to the Right Honorable purpose and unfailing devotion to stone those famous words of the poet, Sir Winston Churchill and to the British righteousness. Emma Lazarus: Museum with the request that it be suitably displayed. · May Thy special blessing rest upon the Give me your tired, your poor, (Lock, Hardeman, Phillips, Ashley, Weinert, Members of the House as they labor for Your huddled masses yearning to breathe Aikin, Bracewell, Colson, Corbin, Fly, Fuller, Thee. and their fellow men. May Thy free, Hazlewood, Kazen, · Kelley, Lane, Latimer, guiding presence be with their families, The wretched refuse of your teeming shore. Martin, McDonald, Mo:IJett, Moore, Owen, wherever they may be. Send these, the homeless, tempest-tost, to Parkhouse, Ratliff, Roberts, Rogers of Chil­ me. Give them a sincere concern for free­ I lift my lamp beside . the golden door. dress, Rogers of Travis, Secrest, Shireman, dom. Let it not become license but may Strauss, Wagonseller, Willis, Ramsey, Lieu­ tenant Governor.) each Member of this session love it ·so BEN RAMSEY, passionately as to preserve it for yet un­ TREASURY AND POST OFFICE President of the Senate. born generations. APPROPRIATIONS, 1956 I hereby certify that ·the above resolution Give to each Representative, 0 Lord, a was adopted by the senate on April 6, 1955. discriminating sense of truth and· the Mr. GARY. Mr. Speaker, I ask unani­ [SEAL] LoYCE M. BELL, courage to be governed by it. mous consent to take from the Speaker's Secretary of the Senate. We thank Thee for .their devotion to table the bill the Senate to relieve the oppressed, succor the poor, ginia? [After a pause.] The Chair 4704 CONGRESSIONAL RECORD - HOUSE April 19 hears none -and appoints the following ;EXTENSION OF RE~ARKS dered in the Koller Villa at rassau,_ conferees: Messrs. GARY, PASSMAN, SIE­ Mr. PATMAN. Mr. Speaker, I ask Germany. MINSKI, MURRAY of Illinois, CANNON, CAN­ unanimous consent to extend my re­ The victims, Maj. Everett S. Cofran, of FIELD, WILSON of Indian~. JAMES, and marks in the body of the RECORD today Washington, D. c:; Capt. Adrian L. TABER. - at the conclusion of all other business, Wessler, of New Rochelle, N. Y.; and on two subjects. 1st· Lt. Stanley Mac A. Rose~ater, . of PAY OF POSTAL WORKERS The SPEAKER. Is there objection to Omaha, Nebr., were 'killed by being the request of the gentleman from struck on the head with· an- ax and by Mr. PRICE. Mr. Speaker, I ask ~nan­ being burned with gasoline which had imous consent to address the House for 1 Texas? There was no objection. been poured on them and then set afire. minute and to revise and extend my re­ Major Cofran, in civilian life an archi­ marks. tect, was the military governor of Passau The SPEAKER. · Is there objection to THE MURDER OF THREE UNITED although he had only been in the area the request of the gentleman from STATES ARMY OFFICERS IN PAS­ a few weeks. He was not in contact with Illinois? SAU, GERMANY the local population and only knew a few There was no objection. German officials and employ~es. Cap­ Mr. PRICE. Mr. Speaker, now that Mr. DODD. Mr. Speaker, I ask unan­ tain Wessler and Lieutenant Rosewater the time is approaching for a showdown imous consent to extend my remarks at were both lawyers _and stationed at on the pay of our postal workers, the key this point in the RECORD. Regensburg about 75 miles away. They question should be, What do they de­ The SPEAKER. Is there objection to had no prior connection with each other serve? The fads say that a 10-percent the request of the gentleman from except that one had been assigned as the raise for these hard-working and de­ Connecticut? . prosecutor and the other as the defense pendable public servants is no more than There was no objection. counsel of a court-martial. The offense they deserve. Mr. DODD. Mr. Speaker, early this had occurred in Vienna and both officers We have been told, while this question year, Mr. Charles D. Hanlon, a resident were en route to that city to take the dangled, that the state of the Govern­ of the State of Connecticut, brought to depositions of witnesses. Originally they ment's budget would not allow more than my attention certain info:::niation con­ had planned to leave Regensburg on a pay rise of 6.5 percent or 7 .6 percent. cerning the murders of three American January 7 but, inasmuch as Rosewater The budget matter has been presented as Army officexs in ·Passau, Germany, on desired to view some blooded stallions at if the United States would go broke if it the morning of January 7, 1946. Poching, Bavaria, he persuaded Wessler paid its postal empl.oyees fairly. Mr. Charles D. Hanlon is the brother­ to leave with him a day earlier. At 3: 30 All of us are equally interested in a in-law of one of the murdered office.rs. in the afternoon of January 6, the two stable financial situation and in the faith .I ·have tried since January to obtain were driving through Passau en route to and credit of the Treasury of the United information and to get some action on Poching when Rosewater, remembering States. There are differences, however, this matter, but thus far, I have been that his friend Cofran was stationed· in about how to balance the budget . and unable to do so. the city, drove 'to Koller Vi).la for a few what sacrifices should be called for from I make this public statement today minutes visit. Cofran welcomed both underpaid postal workers as a means to before my colleagues in the hope that officers, and after a short conversation; that end. the State Department, the High Com­ induced them to ·stay overnight as his I refuse to acknowledge that the Gov­ missioner of Germany, and the United guests. Thus without the .. prior knowl­ ernment has to balance its budget by States Army authorities will bring to jus­ edge of anyone including themselves keeping the pay of its faithful employees tice the individual charged with these Wessler and Rosewater atranged to stay hammered down below equitable levels. murders. the night 'in what was later known We have been warned, almost too All of tne information which I have throughout Germany as the Horror broadly, that if we dare to vote a 10-per­ been .able to obtain convinces .me that House. · cent increase for postal workers the bill there has been incredible neglect with The Koller Villa itself was located -0n will run into a White House veto. respect to this case. the bank of the Danube River and sur­ Well, it is the constitutional authority rounded by a cement wall 9 feet high. of the Chief Executive to veto any bill of Why the Government has failed to prosecute is beyond my power to under­ Because the property pitched sharply which he does not approve. But it is stand. down to the river there was a 20-foot our authority and responsibility to act as drop from the top of the wall to the yard. we honestly think wise and fair-not to Any prosecutor worth his salt in the be frightened from our duty by the men­ United States of America would have Major Cofran lived in two bedrooms on ace of executive disapproval. presented this case promptly in the the second floor of the villa. In one he courts. slept and in the other, which was sepa­ The constitutional system awards to rated from the first by a hall, he kept his this House the initiative in such matters. I will go further and say that any pros­ Let us exercise this right of initiative. ecutor in the United States of America clothing. Maj. Hugo J. Hesson and a Whatever may happen elsewhere, we who failed to present the facts as they Miss Gerda Inez Weiss lived on the first should express our convictions clearly, are known in this case should and would floor. in the belief that our expression has be removed from office. Major Hesson was not a member of merit of its own, and may even prove The following facts concerning this Cofran's unit but temporarily attached persuasive in another coordinate branch case have been presented to me by Mr. as an agricultural expert. He had re­ of the Government. William D. Canfield, of Springfield, Mass., ceived orders transferring him to a city The postal workers' claim to a 10-per­ a former trial attorney with the United 150 miles away. His bags were packed cent raise is based to a large degree on States High Commissioner in Germany. and he planned to leave on the morning the hard fact of the rise in living costs. Mr. Canfield investigated this case and of January 7: He and Major Cofran were This is not something postal workers can he has assured me that all of these facts, on terms of the utmost cordiality and he control; they merely have to try to make which I shall relate to you, are true and and Miss Weiss were invited by the major .ends meet, for themselves and their fam­ that the official records will support every to have a drink with him and his two ilies, on what the Governnient is willing one of them. guests after the trio had returnt:d from to ~ay them. Let me also point out that the United a movie. Our Government should not set a nig­ States High Commissioner for .Germany 'At about a quarter to 12, Cofran, gardly pattern for private employers. It has requested the extradition of the per.:. Wessler, and Rosewater went _upstairs. .should deal decently with postal workers son accused of these crimes and that a to sleep whil~ Hesson _aI\_d ~iss Weiss whose only recourse is here. The pro­ warrant for his arrest has been issued, retired on the -ground floor . . The latter posed 10-percent raise would not break but nothfng has happened. two locked their.bedroom doors but, sinc.e the Treasury and it will give the employ­ At approximately 2:30 in the morn­ an unlocked french door' connected th~ ees of our Post Office Department the ing of J·anuary 7, 1946, 3 United States rooms to a veranda which in turn was pay to which they are entitled. military government officers were mur- · connected by another french door to the 1955 CONGRESSIONAL RECORD - IJOUSE 4705 dining room, any person within the villa The investigators learned that Major that the only place where Cofran could could easily have entered their rooms. Cofran, who was ·the senior omcer and be sleeping was in the attic and he went Although the gates of the compound known to be especially insistent upcn the there forthwith and dispatched the itself were locked at night, the house door prerogatives of his rank had surrendered major, then utilizing the gasoline, the of the Koller Villa was never locked and his quarters to the visiting officers and existence of which was known to him. it was Cofran's custom to leave his bed­ had slept on a cot in an unused attic The Botschafter Villa had been locked room door open whenever he had officers room. on the night of the murders, and, al­ as overnight guests. The body of Lieutenant Rosewater though no evidence of a forcible entry Adjacent to the Koller Villa and en­ was found face down in Cofran's bed. existed, an ax which had the name of closed within the same walled compound Rosewater had been struck six times on its owner burned into the handle, and was the Botschafter Villa which was oc­ the head with what pathologists de­ which had been seen in the cellar of cupied by Capt. George E. Peterson and scribed as an ax or meat ax or meat Botschafter Villa at 8 p. m. on January James M. Leech, both members of Cof­ cleaver. Death had come almost in­ 6 was missing on the morning of Jan­ ran's command. Botschafter Villa it­ stantaneously. Major Cofran's body lay uary 7. The investigators did not search self contained three overnight guests of on the attic cot. He too had received for the missing weapon in the adjacent Captain Peterson. They were Mr. and similar blows which caused injuries that Danube River until 10 days after they Mrs. Willy Kuchar, a German couple immediately rendered him unconscious had started to work on the case. They who were occupying a second-story bed­ although he might have lived had he re­ had been informed by a German neigh­ room, and a Mrs. Rosa Schicks. ceived prompt and competent medical at­ bor who lived on a hill overlooking the At about 3:30 a. m. Hesson was awak­ tention. Villas that she had been awakened ened by what he believed to be an ex­ Both officers had suffered well directed shortly before 3 a. m. and had looked out plosion, and, on going into the hall, he blows which because of the darkness of to see the upper part of Koller Villa in discovered the staircase to be in flames. the night could only have been delivered flames. She then saw the form of a After unsuccessfully attempting to with the assistance of some artificial man leave Koller Villa and proceed to a reach the second floor, he dispatched illumination such as a flashlight. point halfway to Botschafter Villa at Miss Weiss to the Botschafter Villa to Captain Wessler's body was found on which time he stopped and hurled an arouse the occupants. On gaining ad­ the floor of his bedroom near the door. object into the river. He then entered mittance to Botschafter Villa, Miss Weiss His unfired pistol was lying near the Botschafter Villa. The neighbor had knocked on Captain Leech's door to have body. He had been struck by an ax, not left her house after this despite the it opened immediately by Captain Leech meat ax, or meat cleaver, on the head, fire because all persons not members of who was dressed and had a flashlight in face, neck, and thigh. These blows were the Occupation Forces or accredited his hand. It was suggested that the fire insufficient to have caused death. Smoke thereto without special passes were sub­ department be phoned but Captain Leech and soot were in his lungs establishing ject to arrest and imprisonment if found vetoed that and left in his car to per­ that he had been alive at the time of the on the streets after 11 p. m. When the sonally contact them although he later fire and had perished therefrom. The CID finally decided to look for the admitted that ·he did not know where the faucet on a washstand was· turned on weapon in the river, they had an agent station was located. He did contact the and the water still running, indicating stand in the spot from where the Ger­ Army unit which called the fire depart­ that the murde.rer may have washed man neighbor said the man hurled his ment. Captain Leech returned to the blood off himself after his struggle with object. This agent threw a stone of the Villa after an absence of 30 minutes. Wessler. Wessler was well known as a approximate weight of the missing axe During this trip the crankcase of his car man who was extremely security con­ .and a boat put a diver down into 12 feet was damaged to the extent that it had scious. He never went to sleep without of water at the place where the stone a large, gaping hole. He denied having locking his bedroom door and placing a struck water. Thirty seconds later he had an accident. loaded pistol within easy reach, and came up with the identical ax missing Leech was deputy military governor never opened the door without ascer­ from Botschafter Villa. and as such it was his duty to assume taining the identity of those seeking ad­ A housemaid reported to the CID that command of the situation. Instead he mittance. Captain Leech had been observed wash­ went to bed shortly after his return. He About a week prior to the murders, ing his Army uniform in a bathtub the declined to view the bodies in the morn­ Major Cofran had stored seven 5-gallon day after the murders. ing but went instead to the military gov­ cans of gasoline in the attic. The mur­ His explanation for this was that, al­ ernment building where he moved into derer had taken these and poured the though he had never washed his own Cofran's office and directed that signs fluid over the victims and about the clothing before, he nonetheless decided and stamps indicating that he was the rooms, hallways, and stairs, igniting the to do so the day after the murders be­ military governor be made. fire from below. In each of the murder cause he felt that the maid was tired and The fire itself was extinguished at 6 rooms a full can of gasoline was left had to much work as it was. No blood a. m., and German police entered the which accounted for the explosion heard was found on his clothing. Villa and began taking photographs and by Hesson. The · investigation disclosed the fol­ searching for evidence. However, short­ It became quite clear to the investi­ lowing additional facts: ly thereafter a Lieutenant Spitzell of gators that the murderer was a person First. Rosa Schicks had awakened at CIC arrived and ordered the German po­ who was very familiar with Koller Villa exactly 3 a. m. and heard someone walk­ lice to desist and leave because the mat­ and the habits of Major Cofran, who ob­ ing around in Leech's room for a period ter would be handled by the occupation viously had been the intended victim. of at least 10 minutes. When originally authorities. Lieutenant Spitzell di­ The investigators believed that the mur­ questioned, Leech stated that he had rected that a guard be placed about the derer went directly to Cofran's room and gone to bed at 9 p. m. and had slept Villa with orders that no one was to be killed Rosewater who was sleeping on soundly until awakened by Miss Weiss admitted. For 24 hours this guard was his stomach. Discovering his mistake, at 3 :30. When confronted with the maintained and nothing was done. Dur­ the killer had gone to the only other Schicks statement he said he had for­ ing this period a dispute raged as to place where Cofran could reasonably be gotten that he had actually arisen at whether the CIC which was resPonsible expected to be sleeping and, finding the about 3 o'clock to go to the bathroom and for subversive activities or the CID which room locked, was compelled to knock, had also shaken down his fire. Mrs. handled criminal matters should con- which caused Wessler to come to the Schicks was· pcsitive that the only noise . duct the investigation. door, pistol in hand. Even then Wessler was that of a person walking back and In any event, on the morning of Janu­ would only have opened up after proper forth. Experiments disclosed that the ary 8, CID agents entered Koller Villa inquiry. Someone spake to him in Eng­ flushing of the toilet and the shaking of and began their inquiry, an inquiry lish and when he unlocked the door, with a grate made noises louder than that of which I am told was later used by the his pistol not in a :firing position, imme­ a person walking in the room. military school at Camp Gordon, Ga., as diately struck him dowri. After making Second. Leech was seen coming from an example of how ·not to conduct a two ghastly errors without accomplish­ the cellar of Botschafter Villa at 8 p. m. criminal investigation. ing his mission, the murderer then knew on January 6. . 4706 CONGRESSIONAL RECORD - HOUSE April 19. Third. Leech disliked Cofran, wanted ·ately felt that someone should have been . · Nine years have elapsed since these his job, and had made attempts to have court-martialed because Leech was no't three brutal murders were committed. Cofran transferred from Passau. court-martialed." If this is an example of how the Govern­ Fourth. Captain Leech had ordered · He then transmitted the file to Lt. Col. ment handles such cases, then there is the city of Passau to finance his secre.• Morton S. Jaffe, Military Justice Branch, need for immediate reform. tary's father in a peat business. On ,Office of The Judge Advocate, who stud­ This is a classic example of red tape, January 5 Cofran learned of this, coun­ ied the case. Colonel Jaffe, a competent buckpassing, great inefficiency, and fail­ termanded the order, and discharged the Army lawyer with plenty of experience ure and refusal to accept responsibility_. secretary over Leech's strenuous objec­ in the trial of criminal cases, wrote as I have hesitated· about making these tions. Thirty-six hours later Cofran was follows: facts public because I have no desire to dead. I have studied the documents and reports prejudice any individual, but after care­ Fifth. After the secretary was dis­ available in the Passau murder case. I am ful deliberation and considerable reflec­ missed, Captain Leech inspected Koller .surprised that the case against Captain Leech tion, I have decided that these dead men, Villa on January 5. He entered the attic, was not brought to tr~al in _1946. who cannot speak for themselves, and observed 7 cans of gas, and lifted each With that the colonel pointed out that their relatives and friends, are entitled one ascertaining that it was full. Leech was no longer subject to court­ to some answer and some explanation. Sixth. Captain Leech had applied for martial jurisdiction and could only be I shall continue to press this matter appointment as a Regular Army officer. ·tried before a United States High Com­ .and to probe it with such means as are On December 31, 1945, he returned from ·mission Court. He recommended that at my disposal. an Army hospital where he had been the file be forwarded to High Commis­ At thiS point, I insert copies of cor~ treated. The·- hospital report was on sion prosecutors. This was done on respondence which I have had with the Cofran's desk together with the officer's May 7, 1954. State Department, which is in itself in­ efficiency ratings which the major was On May 21, 1954, charge.:; against teresting: about to fill out and forward. Major Leech, then a resident of Lima, Ohio, JANUARY 17, 1955. Cofran had indi cated his displeasure were filed with the United States High Hon. THRUSTON B. MORTON, with Leech and his intention of lowering Commission Court at Frankfort. War­ Assistant Secretary of State, the latter's rating. This was action Department of State, .rants for his arrest for murder, inten­ Washington, D. C. which would adversely affect Leech's tional manslaughter, and arson were DEAR MR. SECRETARY: Enclosed you will find hope of a Regular Army commission. issued by the court. a letter and enclosure concerning the mur­ After the murders the hospital report It is interesting to note that on May 30, ders of three American Army officers in and the efficiency form could not be 1954, the German state's attorney at Passau, Bavaria, which has been received found. Passau announced that he would have from one of my constituents. Seventh. Leech was given five polyo­ long ago brought charges except that he · Will you be good enough to advise me what graph examinations, commonly known the Department's records may show regard­ felt he lacked jurisdiction. ing this matter, particularly with regard to as lie detector tests, including two by Title 18 of the United States Criminal its current status. · Orland Keeler, inventor of the machine. Code provides that when a person in Your courtesy is appreciated. In all of these the graph showed he lied the United States had been charged Sincerely yours, when he denied killing the officers. with certain offenses including murder THOMAS J. DODD, Member Of Congress. Eighth. All other occupants of Bot­ within a foreign territory occupied by schafter Villa from which the ax orig­ the United States Army, said person DEPARTMENT OF STATE, inated except Leech had an alibi. It January 27, 1955. -shall on the request of the highest United DEAR MR. DODD: I have received your letter had been Captain Leech's habit to have .states executive authority within the dated January 17, 1955, with which you en­ his secretary come to the villa almost area, be arrested and brought before the ~losed a letter and. i:ts enclosure addressed every evening. nearest United States court. to you on January 9, 1955, by Mr. Charles D. Ninth. On the night of January 6, he · If the court makes a finding of prob­ .Hanlon, concerning the murders of three telephoned her from Botschafter Villa, ·able cause then such person shall be de­ American Army officers in Passau, Germany. telling her not to come to the villa, be­ livered up to the foreign territory for The case was brought to the attention of cause he had certain files in his posses­ this Department by a despatch dated June trial. So far the law has been ignored 24, 1954, from the Office of the United States sion which he had to study. It was later in this case. The High Commissioner High Commissioner at Bonn, Germany. The established that the files in question were ·forwarded the case to the State Depart­ file on the case was enclosed and the request not in the possession of Leech that night. ·ment in Washington which sent it to was made that it be referred to the Depart­ Although the German police were not the Justice Department, which sent it ment of Justice for such further investiga­ permitted to conduct an investigation back to State Department which sent it tion as may be appropriate, and for deter­ of the crimes in the first instance, the ·back to the High Commissioner. Each mination -whether sufficient basis exists for matter was turned over to them after 3 one of these offices denied possession of instituting proceedings against the accused months went by with the murders still person under the provisions of 18 U. S. C. .the file when queried by relatives of one 3185. The file, and a copy of the de~patch, unsolved. The German authorities pro­ of the murdered officers. Finally, on was forwarded to the Department of Justice, vided a special team of experienced pro• -October 26, 1954, the High -Commissioner and it was later returned by it with the secutors. and policemen who conducted forwarded the file back to Washington .statement that there appears .to be no juris­ their own investigation. Although they .and at the same time notified Wessler's diction for the Department of Justice to were not permitted to question Ameri­ relatives of this action although the rel­ make an investigation, and that the deter­ cans, they were given full access to the mination as to whether the return of the atives were informed that the High Com­ accused to Germany should be requested is CIO file. Their report, along with that missioner's recommendations could not clearly a matter for the Unlted States High of CID, was sent to the judge advocate be revealed. Commissioner. for evaluation. curiously it was referred · I am writing to the chairman of the . A copy of the letter from the Department for decision to a captain, whose entire Armed Services Committee in both the of Justice was- sent to -the High Commis­ Army legal career had been in the claims sioner on August 27, 1954, and at the same section and who had not had any expe­ House and the Senate, and sending all time the file was returned to him. rience in criminal matters. He rendered of the information which I have reported . The Office of the United States High Com­ the opinion that, only if Leech confessed., here today. missioner on September 25, 1954, again re­ · All of the information which I have re­ turned the file to this Department with a could he be brought to trial. formal request from the High Commis­ With this opinion, the case became ported to the House today, I have also sioner for the return of the accused to the, practically dormant until 1948. It was given to the Department of State. United .States Occupation Zone in Germany again reviewed in 1950. Leech left the . Mr. Speaker, there are thousands of for trial. After some further correspondenc~ Army. Major Hesson was killed in an Americans in our armed services in dis­ ·between this Departm.ent and the Office of ·automobile accident. . tant places throughout the world. The the United States High · Commissioner, the request of the High Commissioner with its In early 1954, Lt. Col. J. B. Manley, least that we can do for them is to make supporting documents was forwarded to the Jr., a new CID chief in Europe, digested certain that · crimes committed against Department of Justice for such action un­ the old file and, as he stated, "immedi- them will be promptly punished. der· 18 U. S. C.-3i85 .as . - - . . mig:i~ - ~~ a.p~ropriate : 1955 CONGRESSIONAL RECORD - HOUSE 4707 The Department of Justice h,as just re­ DEPARTMENT OF STATE, for 1 minute and to revise ·and extend turned the file again ~o this Department, March 11, 1955. my remarks. and in doing so pofnted out that it appears ' DEAR MR. Donn: I refer to my letter dated from the files that HICOG has conducted no. February 8, 1955, .concerning the case_ of , The SPEAKER. Is there objection to further investigation in the .case, although_it .lames M. Leech, who is charged in Germany the request· of the gentlewoman from indicated that further investigation was re-· with the murder of three American Army · Dlinois? . quired, that a number of witnesses have officers in Passau, Germany, in 1946. Ther~ was.no objection. not been interviewed since 1946, that it is· A report has now been received from the Mrs, C~URCH. Mr. Speaker, on this not known whether sevetal of the witnesses Office of the United States High Commis- · 25th anniversary of the ordination to the will be available for the trial and that sioner at Bonn, in which attention is called priesthood of Father Harold W. Rigney, HICOG does n<:>t assert that· sufficient evi­ to the fact that all witnesses available in dence exists to establish probable cause. Europe (some fifteen) were interviewed by S. V. D., I can best hope that the Con­ The file was returp.ed for transmission to the Chief Attorney's Office of the High Com­ gress and the administration will re­ the Office· of the United States High Com­ missioner in May and June 1954, and state­ dedicate themselves to obtaining the re-· missioner so that the-necessary .i-nvestigation ments were taken from them and included lease of Father Rigney and all other might be determined what witnesses will in the file which was submitted in support Americans unjustly held imprisoned by be available for trial, and whether the evt-· of the High Commissioner's request for the Communist China. dence in good fa-1th justifies a trial. · return of the accused to Germany for trial. Few men have contributed more to Action on the letter from the Department: It was further pointed out that since the· their country than Father Rigney. of Justice is being withheld pending ·a dis­ High Commissioner has no facilities or au­ cussion of the matter with the General Coun­ thority to conduct an investigation in the Father Rigney attended St. Mary's· sel of the Office of the United States High United States, the file has-been forwarded to Mission Seminary in Techny, Illinois, Commissioner, who is temporarily in the the United States Army in Europe so that where he was ordained in 1929, and later United States. the investigation can be brought up to date obtained a doctorate in philosophy from· Mr. Hanlon's letter and its enclosure are and so that it can be determined what wlt­ the University of Chicago. He was the· returned herewith. ne:;;ses will be available for trial. first American missionary to be appoint­ Sincerely yours, Sincerely yours, ed to the flying corps in Africa during THRUSTON B. MORTON, THRUSTON B. MORTON, Assistant Secretary. World War II, and later became chap­ Assistant Secretarv. lain· for all Catholic American Air Corps . , F,'EBRUARY 2, 1955. personnel in Afri~a at that time. Hon. THRUSTON B. MORTON, COMMITTEE ON PUBLIC WORKS At the time of his arrest on July 25, Assistant Secretary of State~ 1951, Father Rigney was rector of Pei­ Depar'tment of State, · Mr. WRIGHT. Mr. Speaker, I ask. ping's Fu Jen University, a Catholic uni­ Washington~ D. C. unanimous consent that the Committee DEAR MR. SECRETARY: This will acknowl­ versity supported by foreign mission on Public Works, or a subcommittee funds. Father Rigney refused to ap­ edge and thank you for your report of Janu­ thereof, may -sit during the session of. ary 27 concerning the murders of three prove Communist teachers on the staff, American Army officers in Passau, Germany. the House this afternoon. and he was arrested when he refused to In view of the fact that action on the let­ The SPEAKER.' Is· there objection to agree to the discontinuance of rellgious ter from the Department of Justice is being the request of the gentleman from· education and the teaching only of dia-· withheld pending a discussion ·or the matter Texas? lectical materialism and the promotion with the general counsel of HICOG, I would There was no objection. appreciate being advised of the outcome of of the revolutionary program. this discussion. - I wish to take this opportunity to as­ Thanking you for your· co'ur'tesy and assist-. TO AMEND THE AGRICULTURAL sure Father Rigney and his family that ance and awaiting :t:urther word, I am he and the other Americans held impris .. Very truly yours, ADJUSTMENT ACT OF 1938 oned by Communist China are not for .. THOMAS J. DODD, Mr. BETTS. Mr. Speaker, I ask unaµ• gotten. The State Department has tak­ Member of Congress~ imous consent to address the House for en appropriate steps. Their immediate 1 minute and to revise and extend my release must become our dedicated con .. DEPARTMENT OF STATE, remarks. · February 3, 1955. cern. DEAR MR. Donn: I refer to my letter dated The SPEAKER. Is there objection to the request of the gentleman from January 27, 1955, in reply to your letter of SUPPLEMENTAL APPROPRIATION January 17, 1955, concerning the-murders of Ohio? . three American Army officers in Passau, Ger­ There was no obj ect:.on. BILL many. · Mr. BETTS. Mr. Speaker, today I Mr. CANNON. Mr. Speaker, I ask The case has now been discuss.ed with the have introduced a bill which amends re­ unanimous consent that the Committee general counsel to the United States High Commissioner for Germany, and it has been quirements as set forth in the Agricul­ on Appropriations may have permission determined to return the papers submitted tural Adjustment Act of 1938 with re­ to file a conference report on the supple­ in support of the High Commissioner's re• spect to voting in wheat referenda. ment appropriation bill before midnight quest for the return of the accused person, Under the law as it now exists, any tonight. for s_uc]J. further action as may be deemed farmer whose acreage allotment is less · The SPEAKER. Is there objection to appropriate. than 15 acres is not permitted to vote the request of the gentleman from Sincerely yours, in a national referendum and is thereby Missouri? THRUSTON B. MORTON, not given any right to express his views Assistant Secretary There was no objection. (For the Acting Secretary of State). concerning the farm program and its problems, which, of course, are vital to DEPARTMENT OF STATE, him. I have received petitions signed by THE PRIVATE CALENDAR . February 8, 1955. hundreds of Ohio farmers who are op­ The SPEAKER. This is Private Cal· DEAR MR. Donn: I have received your let­ posed to this restriction. They feel very ter dated February ·2. 1955, in· furthei regard strongly that they should be given the endar day. The Clerk will call the first to the murders of three American Army offi­ right to express their views in a refer­ bill on the calenda~ · cers in Passau, Germany. endum, regardless of the acreage allot..: You have not doubt received by this ti:pie ment which has been allocated to them. my letter dated February 3, 1955, informing ATSUKO KIYOTA SZEKERES you that the case has now been discussed l feel this subject matter deserves every with the General Counsel to the United consideration at this time and will wel­ The Clerk called the bill result of a flood in Big Tujunga Code. Canyon, Calif.: Provided, That no part of PRISCILLA LOUISE DAVIS With the.following committee amend- the amount appropriated in this act in ex­ The Clerk called the bill

airplane crash at the Auburn-Opelika (Ala.) There being no objection, the Clerk .l?e u~lawful, any contract to the contrary Airport which was caused by the negligence read the bill, as .follows: notw~thstanding. Any person .violating the of a United States naval aviation cadet to provisions Qf this act shall be deemed gullty ·Be ·it enac·ted, etc., That sections 15 to ·20, whom the said Waymon H. Massey, .while in of. a misdemeanor and upon conviction inclusive, of the act entitled -"An act to the employ of the Alabama Air Service under t~ereof shall be ~ed in any sum not ex­ an .assignment by t:Q.e Civil Aeronautics Ad· provide compensation for employees of the ceeding $1,00!). ministration, was giving flight instruction: United States suffering injuries while in the Provided, That no part of the amount appro­ performance of their duties, and for other The bill was ordered to be engrossed priated in this act in excess of 10 percent purposes," approved September 7, 1916, as and read a third time, was read the third thereof shall be paid or delivered to or re­ amended (5 U. S. C. 765-770), and hereby time, and-passed, and a motion to recon­ ceived by any agent or attorney on account of waived in favor of Raymond George Pa!mer, sider was laid on the table. services rendered in connection with this of 2020 Marshall Street, Little Rock, Ark., for compensat!on for disability allegedly claim, and the same shall be unlawful, any caused by his employment as a member of contract to the contrary notwithstanding. the Officers' Reserve Corps at Centaur, Mo., HIGHWAY CONSTRUCTION COM­ Any person violating the provisions . of this during 1936, and his claim is authorized and PANY OF OHIO, INC. act shall be deemed guilty of a misdemeanor directed to be considered and acted upon and upon conviction thereof shall be fined under the remaining provisions of such act, The Clerk called the bill (H. R. 4182) in any sum not exceeding $1,000. as amended, if he files such claim with the for the relief of the Highway Construc­ SEC. 2. For the purposes of section 9 of the Department of Labor (Bureau of Employees' tion Company of Ohio, Inc. Federal Employees' Compensation Act (5 Compensation) not later than 6 months after There being no objection, the Clerk U. S. C., sec. 759), the injuries sustained by the date of enactment of this act: Provided, read the bill, as follows: the said Waymon H. Massey on February 24, That no benefits· except me.dical expenses Be it enacted, etc., That jurisdiction is 1943, shall be held and considered to be in­ shall accrue prior to the enactment of this juries "sustained by an employee while in act. · hereby conferred upon the Tax Court of the the performance of duty"; and the Secretary United States to finally determine the of Labor shall furnish to the said Waymon The bill was ordered to be engrossed amount, if any, of excessive profits received H. Massey adequate medical, surgical, and and read a third time, was read the third or accrued by the Highway Construction hospital services, and necessary appliances time, and passed, and a motion to recon­ Company of Ohio, Inc., in an amount either and supplies, as provided in such section. less than, equal to, or greater than that sider was laid on the table. determined by the War Department Price With the following committee amend­ Adjustment Board for the calendar year ment: 1942, under the applicable provisions of the Renegotiation Act, as amended: Provided, Page 2, line 14, strike out section 2. LOUIS ELTERMAN The Clerk called the bill against the United States !or compensation for the relief of Everett A. Ross. for the relief of John Jordan. · 1955 CONGRESSIONAL RECORD - HOUSE 4717 There being no objection, the Clerk There being no objection, the Clerk The bill was ordered to be engrossed read the bill, as fallows: read the bill, as follows: and read a third time, was read the Be it enacted, etc., That, for the purposes Be it enacted, efo., That the Attorney Gen­ third time, and passed, and a motion to of the Immigration and Nationality Act,, eral be, and he is hereby, authorized and reconsider was laid on the table. John Jordan shall be held and considered to directed to record the lawful admission for have been lawfully admitted to the United permanent residence of Olga Joannou Geor­ States for permanent residence as of the gulea, as of the date of enactment of this date of the enactment of this act upon pay­ act, and upon payment of visa fee, and that VICTORINE MAY DONALDSON ment of the required visa fee. Upon the she shall, for all purposes under the Immi­ The Clerk called the bill (H. R. 1337) granting of permanent residence to such gration and Nationality Act, be deemed to for the relief of Victorine May Don­ alien as provided for in this act, the Secre­ have been lawfully admitted as an immi­ aldson. t ary of State shall instruct the proper quota­ grant for permanent residence as of that There being no objection, the Clerk cont rol officer to deduct one number from the date. Upon the enactment of this act, the appropriate quota for the first year that such Secretary of State shall thereupon reduce by read the bill, as follows: quota is available. one number the immigration quota of the Be it enacted, etc., That, for the purposes country of her origin, for the current fiscal of the Immigration and Nationality Act, The bill was ordered to be engrossed year. Victorine May Donaldson shall be held and and read a third time, was read the third considered to have been lawfully admitted time, and passed, and a motion to recon­ With the following committee amend­ to the United States for permanent resi­ sider was laid on the table. ment: dence as of the date of the enactment of Strike out all after the enacting clause and this act, upon payment of the required visa insert in lieu thereof the following: "That, fee. Upon the granting of permanent resi­ for the purposes of the Immigration and dence to such alien as provided for in this FERENC BABOTHY Nationality Act, Olga Joannou Georgulea act, the Secretary of State shall instruct the The Clerk called the bill (H. R. 1255) shall be held and considered to have been proper quota-control officer to deduct one lawfully admitted to the United States for number from the appropriate quota for the for the relief of Ferenc Babothy. first year that such quota is available. There being no objection, the Clerk permanent residence as of the date of the read the bill, as follows: enactment of this act, upon payment of the The bill was ordered to be engrossed required visa fee. Upon the granting of and read a third time, was read the third Be it enacted, etc., That, for the purposes permanent residence to such alien as pro­ of the Immigration and Nationality Act, vided for in this act, the Secretary of State time, and passed, and a motion to recon­ Ferenc Babothy shall be held and considered shall instruct the proper quota-control officer sider was laid on the tabl~. to have been lawfully admitted to the United to deduct one number from the appropriate States for permanent residence as of the date quota for the first year that such quota is of the. enactment of this act, upon the pay­ available." ERICH WOLF, ALSO KNOWN AS ment of the required visa· fee. Upon the granting of permanent residence to such The committee amendment was agreed LADISLOV WOLFENSTEIN alien as provided for in this act, the Secretary -to. The Clerk called the bill ssed The bill was ordered to be engrossed of the Immigration and Nationality Act, and read a third time, was read the third and read a third time, was read the third Luisa Gemma Tofiani and Rosa Sometti, time, and passed, and a motion to recon­ time, and passed, and a motion to recon­ shall be held and considered to have been sider was laid on the able. sider was laid on the table. lawfully admitted to the United States _for permanent residence as of the date of the enactment of this act, upon payment of the required visa fees. Upon the granting of EUFRONIO D. ESPINA JOHN ODABASHIAN, M. D. permanent residence to such aliens as pro­ The Clerk called the bill : Be it enacted, etc., That, for the pu,rposes .of the Immigration and Nationality Act, ment: for the relief of Angel Medina Cardenas. Mrs. Esther Rodriguez de Uribe shall be held Strike out all after the enacting clause There being no objection,- the · Clerk and considered to have been lawfully ad­ and insert "That, notWithstanding the pro­ read the bill, as follows: mitted to the United States for permanent visions of paragr,aphs (9), (19), and (28) of Be it enacted, etc., That, notWithstanding residence as of the date of enactment of section 212 (a) of the Immigration and Na­ the provision of section 212 (a•) . (19) ·of the this act, upon payment of the requited visa tionality Act, Max Kozlowski may be ad­ Immigration and Nationality Act. Angel ·!ee. mitted to the United States !or permanent 4720 CONGRESSIONAL ..RECORD.- HOUSE April 19 resident 1f he ls found to be otherwise ad­ There being no objection, the Clerk bers of the Hoµse in the Judiciary Com­ missible under the provisions ·of that act: read the bill, as follows: mittee if they wish to s_ee them. Provided, That these exemptions shall ap­ I ply only to grounds for exclusion of which Be it enacted, etc., That, for the purposes will not object to either resolution at the Department of State or the Department of the Immigration and Nationality Act, a time they are up for consideration on of Justice had knowledge prior to the en­ Wing Chong Chan shall be held and con­ a succeeding Private Calendar. actment of this act." sidered to have been lawfully admitted to the United States for permanent residence as of The committee amendment was agreed the date of the enactment of this act, upon MRS. ELIZABETH DOWDS to. payment of the required visa fee. Upon the The bill was ordered to be engrossed granting of permanent residence to such Mr. AYRES. Mr. Speaker, I ask unan­ and read a third time, was read the third alien as provided for in this act, the Secre­ imous consent to return to Calendar No. tary of State shall instruct the proper quota­ 170 the bill H. R. 973. time, and passed, and a motion to recon­ control omcer to deduct one number from sider was laid on the table. The SPEAKER. Is there objection to the appropriate quota for the first year that the request of the gentleman from Ohio? such quota is available. There was no objection. CHARLES (CARLOS) GERLICZ The bill was ordered to be engrossed The Clerk read the bill, as follows: and read a third time, was read the third The Clerk called the bill of the be willing to go into the manufacture of Mr. HARRIS. Is -it not a fact that Civil Aeronautics Act. a new plane suitable for this type of none of these local service carriers have The effect of the legislation simply air carrier service on the basis of a 3- any Boeing or other large aircraft? would be to permit these carriers within year certificate. That is just good com­ Mr. PRIEST. That is true. a 120-day period to file for a permanent mon financial reasoning, I think, on the Mr. HARRIS. All of them, I believe, certificate; and unless there was some­ use old World War II DC-3 planes. Is part of the manufacturing companies. thing in its record of operation since its that not true? -last temporary certificate was issued So these local service carriers have Mr. PRIEST. That is true. There that indicated its unworthiness as a been unable to buy the equipment they were one or two that tried to use some carrier the Board would be required to need because they cannot persuade the others but were not permitted to do so. grant it the same rights they did the plane manufacturer to take an order to Mr. HARRIS. It proved an unfortu­ primary carriers in 1938 and give to the build a lot of planes when that com­ nate and expensive experience to them. local service carriers a permanent cer­ pany does not know whether they will be Mr. PRIEST. That is quite true. tificate. · in business for more than 3 years. The Mr. HARRIS. Is it not a fact that Mr. BOGGS. Mr. Chairman, will the manufacture of aircraft is a risky busi­ these DC-3's are obsolescent and com­ -gentleman yield? ness. Considerable capital must be com­ pletely out of date? Mr. PRIEST. I yield to the gentleman mitted to the development of the plane. Mr. PRIEST. They are. from Louisiana. 1955 CONGRESSIONAL RECORD~ HOUSE 4725 Mr. ·BOGGS. The gentleman has payments from the Federal Government. little bit better th,e obj,ections of the mentioned the CAB. The opposition of I think that is very important. CAB. I do not think that body is simply the CAB to this legislation is typical In our particular area we have several an ol>structtonlst bunch of bureaucrats. of the obstructionist policy of the CAB, of the smaller feeder lines. It is con­ I would like to know a. little more of the it is typical of the confusion which ex­ templated that it will not be too many nature of their objections. This gives ists in the CAB. There is not a major years until some type of shuttle service these 14 companies grandfather-clause community iri the United States of will make it possible for every commu­ treatment, as it were, but it makes it ex­ America that does not complain about nity in the United States, or nearly every tremely difficult for any new company to the CAB and, as the gentleman knows, community in the United States, to reach come into this field. Is that not true? I have pending here a matter which a main trunk line. Mr. BEAMER, Yes and no. I would would call for a complete investigation To become eligible for a permanent not say it would make it more difficult, of the civilian air policy in this country. certificate, it is going to be rather simple because they still would have an oppor­ The gentleman is chairman of a great for each of the smaller feeder lines, as tunity to appear before the Civil Aero­ and distinguished committee and t would well as the larger lines, to declare them­ nautics Board and apply for regular like for him to state to the House whether selves and to become eligible to the CAB. certification. May I add another point. or not it is his intention to look into this I have thought, and I think many other In case they do appear before the situation which is Ca.using criticism all Members have felt, there may have been Board-I mean any of these other ex­ over this country? some opposition expressed but it was isting lines-it is necessary for them to Mr. PRIEST. May the chairman of very mild oppositfon on the part of the continue under the direction of the Civil the committee state to the distinguished members of the CAB. Actually, all of Aeronautics Board as far as rates and gentleman from Louisiana that it is the the feeder lines and all of the operators further extension of services are con­ intention of the committee to look fully o:: the larger lines were very much in cerned. into this matter, that a draft of subjects favor of this legislation, which was re­ Mr. VORYS. Under this bill, H. R. to be investigated already is under way, ported unanimously by the Committee on 2225, as I understand it, any line, either and that, in effect, we started such in­ Interstate and Foreign Commerce. one of these local lines or one of the vestigation several weeks ago. It was Those are 1 or 2 additional points that trunk lines, can have its rates suspended interrupted temporarily because we had I thought should be explained on this or discontinued if there is anything ob­ scheduled hearings on the Natural Gas side of the House. jectionable found about the operation; Act; but it is the intention of the Com­ Mr. SPRINGER. Mr. Chairman, will is that correct? mittee on Interstate and Foreign Com­ the gentleman yield? Mr. BEAMER. I think that is sub­ merce to do what the gentleman has sug. Mr. BEAMER. I yield to the gentle­ stantially a correct statement. How­ gested and to do it in as complete form man from Illinois. ever, it is now up to the Civil Aero­ as it is possible for that committee to do. Mr. SPRINGER. I think it was nautics Board to prefer such charges. Mr. BOGGS. The gentleman's state­ brought out before the committee very In other words, they are now considered ment is very reassuring. plainly that the longtime future plan­ not guilty until they are proven other­ Mr. BEAMER. Mr. Chairman, I yield ning of these feeder companies is almost wise. That is in conformity with estab­ myself 5 minutes. . impossible with this kind of certification lished law. Mr. . Chairman, I am quite sure the which they are operating under at the Mr. HARRIS. Mr. Chairman, will the chairman of our committee, a very able present time. Until .such time as they gentleman yield? chairman, has fully explained this entire do have · some permanency and oppor­ Mr. BEAMER. I yield to the gentle­ legislation. I only want to make a few tunity to finance on a long-scale basis, man from Arkansas. statements because I feel it is rather vital it is almost impossible for them to give Mr. HARRIS. That is part of the that another particular point be brought what we would call generally considered present Civil Aeronautics Act, and this to the committee. here trunk line service, first-class service. bill here does not disturb that authority. I am sure our chairman mentioned the Is that not correct? Mr. VORYS. As I understand, these fact that some of these feeder lines now Mr. BEAMER. I think that is stating present lines do not have certificates are being forced more or less to cannibal­ it very well. In other words, finance that have no time at all, but they have ize their planes·in order to keep the pres­ companies do not look with favor upon up to 2, 5, or 7 years under the existing ent lines in operation. I think we should extension of credit, shall we say, to com- practice. Is that not correct? emphasize, furthermore, that the manu­ . panies in a semipermanent position. Mr. BEAMER. That is correct. facturers of airplanes, those who have Mr. SPRINGER. Just like a landlord Mr. VORYS. They could be given per­ appeared before our committee, made it getting financing for just the length of manent certificates by the CAB at the very emphatic that they do not want to his lease, and if his lease is not very long, present time, is that correct, without bring out new models that would be use­ his chances of getting ·financing in that this law? ful for a shuttle service and for feeder field is not too great. That is a compa­ Mr. SPRINGER. Mr. Chairman, if line service until they think there is some rable situation which these feeder lines the gentleman will yield, yes; that is permanency to this entire program; until have been put into. I want to say this, true. Now, I take it there comes a time they feel that there is some kind of per­ that it was my feeling-and I listened when any company which has a license manency of certification available to the · to all of the evidence of the CAB-that or is seeking a license fro:n the Federal small lines so that they may be in busi­ there is possibly some merit about keep­ Government ought to have a right to ness for some time to come. ing these companies under their juris­ know whether it is in business or is not I should like to point out another fact. diction for a long period of time. I think in business. I think these lines have I believe this should be emphasized, too, the committee had to weigh the merits been before the Commission on several Mr. Chairman. The Federal Govern­ of that against the permanency which occasions. This is not the first time they ment is vitally involved and interested a company would have and the better have been up here. They have pre­ in this particular instance. We know service and the cheaper service and also sented all their problems and di:fficulties they are paying the feeder lines, and all the question of subsidy, and we had to with which those companies were faced. · lines, including trunk lines, a certain view those features as being more desir­ They are not fly-by-night outfits. They subsidy depending on their necessity for able than some of the issues -that were have been in business for years. They support. The greater the earnings of raised in behalf of the CAB. I believe are not the kind of firm that is going out these -airline· ··companies the smaller that is about a .true statement. of business tomorrow or some time amount this subsidy is that will be paid Mr. BEAMER. I think the gentleman within the next 6 months or even 5 years. to them by the Federal Government. from Illinois has expressed it very ade­ In all probability, they are going to be Consequently, these smaller companies quately. in existence permanently, from now on. are permitted to enlarge their opera­ Mr. VORYS. Mr. Chairman, will the They have just as much right, they are tions and they will be permitted to en­ gentleman. yield? . just-as-much entitled to permanency, as large their operations if they know they Mr. BEAMER. I yield to the gentle- a trunkline. The oniy·difference is they have a certain degree of permanancy. man from Ohio. · are smaller; that is all. Then, of course, they are going to be Mr. VORYS. I am interested in this Mr. VORYS. Mr. Chairman, I would able to make·greater earnings and con­ bill. We have one of these lines in our like to.know still what is the basis of sequently will require smaller subsidy city, but I would like to understand a the CAB's objection to this bill. 4726 CONGRESSIONAL RECORD - HODS~ April 19 Mr. PRIEST. Mr. .Chairman, will tbe Mr. VORYS. Mr. Chairman, will the had done, to take in one new city. How­ gentleman yield? . · gentleman yield for one other question? ever, in the survey that resulted from Mr. BEAMER. · I yield to my distin­ Mr. BEAMER. I yield. . this new service, it w~s pointed out to me guished chairman. Mr. VORYS. It has been brought to what the difficulties of this company are, Mr. PRIEST. The CAB'S primary ob­ my attention by one of these local-serv­ when you are in this sort of indefinite jection to the bill, as we gathered it in ice lines, which is mentioned here, that stage of not knowing whether you are listening to their testimony before the the airplane industry could not or would. permanently certificated, in making committee, was that they felt the pas­ not go ahead and develop a local-service these plans, not for 1955 but for 1957 and sage of this bill would have the effect of carrier unless some such legislation were 1960 and 1965. I can see that any com­ freezing these routes. Frankly, the passed. With 444 communities to be pany might object that with the hazards committee could not see that. We felt, served, with 14 lines, knowing that either you face under this indefinite certifica­ even though they were well intentioned th_eir competitors or their successors will tion it is almost an impossibility to do in presenting that viewpoint, ·. but the co11tinue this local service, it is incon­ that. facts in · the case did not justify their ceivable that there is not sufficient ini­ Mr. YOUNGER. Mr. Chairman, will position because section 401 (h) of the tiative in the aviation industry that they the gentleman yield? . Civil Aeronautics Act remains just as it should fail to develop a plane for this Mr. BEAMER; I yield to the gentle­ is and that gives the Civil Aeronautics type of service, so that th_ey will not have m.an from California. Board authority to do these things: to depend on secondhand, broken-down Mr. YOUNGER. This is essentially the To alter, amend, modify, or suspend such surplus equipment any longer. same bill that was p~ssed unanirpously certificate, in whole or in part, if the public Did the industry attempt to justify last year in the House? . convenience and necessity so requires. that sort of position? I do not under­ Mr. BEAMER. Yes, ·it is· essentially There is no amendment whatsoever stand why they do not develop a carrier the same bill. changing that part of the act. It ap­ of the kind we need for this local service. Mr. YOUNGER. Also, this is granting plies to every certificate of convenience It seems to me they do not need any no more to the feeder-line carriers than and necessity, whether it be with respect Government assurance in order to feel was granted to the trunk-line carriers to a trunkline, a local-service line under sure of plenty of business if they get the under the grandfather clause? a temporary certificate, or a permanent right kind of airplane. Mr. BEAMER. It treats both of them certificate. The committee felt that that Mr. BEAMER. I think the gentleman equally. point was somewhat belabored, and from Tennessee answered that question. Mr. YOUNGER. That is right. It without a great amount of justification, Would he like to elaborate on it? · simply gives equal treatment to these although granting that it was given to Mr. PRIEST. We actually had only feeder-line carriers which are so essen­ the committee in all sincerity by the one representative· of a plane manufac­ tial to our economy .and to air trans­ Board. But we felt it did not carry any turing concern before the committee. portation. weight in view of the study that the He brought some very favorable news Mr. BEAMER. In fact, the larger committee has made of this problem. to the committee about a development lines would support this contention be­ Mr. BEAMER. Mr. Chairman, may I that is now taking place to supply this cause they like to have the feeder lines add that on page 9 of the report, in the type of plane. They have no orders for supplying them with revenue passengers second and third paragraphs there is it and they probably cannot get orders and revenue freight from their respec­ given, I believe, an explanation of one for it until some of these carriers receive tive communities. permanent certificates, at least. But the of the objections that was presented be­ Mr. JARMAN. Mr. Chairman, will fore the committee a year ago and also developmental stage is well advanced. the gentleman yield? the answer that was given, as was stated He brought and presented to our com­ mittee a model of a type of plane that Mr. BEAMER. I yield to the gentle­ by the chairman of our committee. It man from Oklahoma. says: would be very well adapted to this sort of air traffic. I believe that is being done. Mr. JARMAN. I am strongly in favor This legislation does not substantially I agree with the gentleman from Ohio of the legislation, but there is one ques­ change the power of the Board to alter and tion I should like to ask: As I under­ modify the route structures of the local­ that certainly it should be done. They service carriers. It is believed that section should develop the type and the model stand, the legislation is limited to car­ 401 (h) of the Civil Aeronautics Act, which and get that ready for production so riers in the continental United States. gives the Board power to "alter, amend, mod­ that if they get orders they can proceed I was wondering- if the gentleman ify, or suspend such certificate, in whole or to produce. would explain why carriers in our Ter­ in part" provides all the authority necessary Mr. HENDERSON. Mr. Chairman, ritories, say in Hawaii, where two air­ for route development. will the gentleman yield? lines are operating, are· not qualified I believe that answers the question. Mr. BEAMER. I yield to the gentle­ under the legislation. Mr. HARRIS. Mr. Chairman, will the man from Ohio. Mr. BEAMER. I presume we would gentleman yield at that point? Mr. HENDERSON. Would the passage have to go back to the act of 1938 for Mr. BEAMER. I yield. of this legislation make it more difficult the explanation. Mr. HARRIS. If the gentleman will for an area to be served by a new or Mr. VORYS. If the gentleman will permit, I think it is well to point out that different airline? yield, as I understand, the international at the time we received the report from Mr. BEAMER. The chances are, airlines are not under regulation by the the Civil Aeronautics Board, there were speaking from a speculative viewpoint, Civil Aeronautics Board but are regu­ only 4 members; 3 members of the Board it would probably make it more simple, lated and certificates are granted di­ stated their opposition to this proposed because the presently existing lines then rectly by the President. Is that not cor­ legislation. They felt that they should would want to expand their activities be­ rect? retain the authority to make a decision, cause they would feel a certain degree of Mr. JARMAN. Is it not necessary for whether it should be for a 3-year exten­ permanency. As it has been, they have these airlines to come in to the Civil sion or renewal, or what should happen not felt too much permanency. Con­ Aeronautics Board and get a recertifi­ to the route structure. One member of sequently they do not go into areas where cation? That is my understanding. the Board testified before the committee they feel there might not be sufficient That is the reason I ask the question. of the other body that he was whole­ income. · Mr. BEAMER. The gentleman is heartedly in favor of this proposed leg­ Mr. SPRINGER. Mr. Chairman, will asking now about international or na­ islation and feit it to be in the best in­ the gentleman yield? tional carriers? terests of the service . . The fifth member, Mr. BEAMER. I yield to the gentle­ Mr. JARMAN. I am asking the gen­ of course, is presently the Chairman of man from Illinois. tleman about, say, the two airlines in the Board but had not been confirmed Mr. SPRINGER. May I point out to Hawaii that operate between the islands at that time and therefore was not in a the gentleman from Ohio that I have of Hawaii, not on an international basis position to state how he felt about the exactly that situation in my own area in but interisland. ' legislation. So, in fact, when we refer to the Ozark. Airlines, where we have been Mr. PRIEST. Mr. Chairman, I yield the Board, there were only three mem· trying to get them to expand to take in 5 minutes to the gentleman from Missis­ bers of the Board who came to the com· new cities within ·our area. Last year sippi-· CMr. WILLIAMS]. the· author of the mittee to express opposit_ion. we did get thei:µ to go beyond wha~ they bill. CONGRESSIONAL" RECORD:.:_ HOUSE 4727, Mr. HESELTON. Mr. Chairman, win : Mr. EDMONDsON.. Mr. Cha1rnfan. Mr.' 'BEAMER·. Mr. Chafrman, I yield the gentleman yield? . will the gentleman yield? 10 minutes to the gentleman from Iowa· Mr. WILLIAMS of Mississippi. I yield. Mr. WILLIAMS of Mississippi: I yield. [Mr. DOLLIVER]. Mr.'HESELTON. Is it not a fact that Mr. EDMONDSON. I would like to Mr. DOLLIVER. Mr. Chairman, the this bill would not be on the floor today join my colleagues in commending the bill before us represents an attempt on had the CAB been realistic in terms of gentleman from Mississippi for this very the part of the Committee on Interstate the operations of the local feeder li_n~s, worthwhile piece of legislation. I think and Foreign Commerce to strengthen the which are essential to the commumties the chairman and .the other members of local service airlines in this country. We they serve and essential to the trunk the committee have made splendid state­ are charged in the Congress and through lines which serve the country and over­ ments in support of this legislation. Its the Committee on Interstate and For.. seas? merit should be very apparent, and the eign Commerce with the duty of trying Mr. WILLIAMS of Mississippi. I need for it from the standpoint of effi­ to develop a domestic air service. A think the gentleman is absolutely cor­ ciency of these local airlines and the great many people think we have done rect in his analysis of the situation. safety of these local airlines through the pretty well in developing intercity air In my opinion, the Civil Aeronautics better equipment which may be obtained transportation between our great centers Board has been rather arbitrary in its should also be apparent. I sincerely of population. We have several very treatment of the local service airlines' hope the bill will pass. high-grade, first-class air carriers that problem. As I understand it, there are. Mr. WILLIAMS of Mississippi. I will get you rapidly from coast to coast several other similar problems now be­ thank the gentleman for the bouquets or from any two of the very great centers. fore the Board in which the Board is he is throwing my way, but I must con­ But one of the undeveloped segments also acting arbitrarily. But this bill fess this· really is not my baby. The leg­ of our air transportation is that of local deals solely with the question of local, islation was originally sponsored by the service. That has been- a very vexing gentleman from California [Mr. HIN­ and a very difficult problem for the com .. service airlines. · SHA w J in the last Congress; and in the It would be repetitious for me, Mr. mittee and for the· Civil Aeronautics present Congress, as a member of the Board. Chairman, to attempt to a~d to the majority party, I have sponsored it joint­ statements which have been given to the Mr. SCHENCK. Mr. Chairman, will ly with the gentleman from California the gentleman yield? committee by the distinguished gentle­ [Mr. HINSHAW]. Actually, he is entitled men from Tennessee and Indiana. Mr. DOLLIVER. I yield to the gentle­ to the credit if and when this legislation man from Ohio. Basically, the Civil Aeronautics Board, by is passed. acting arbitrarily with respect. to t?e Mr. Chairman, there are several rea­ Mr. SCHENCK. I would like to ask certification of these local service air­ sons why this legislation is a must inso­ the distinguished gentleman from Iowa, lines, has made this legislation nec~s­ far as the future of local air service is as I remember the discussion in the com­ sary. The growth of the local service concerned. mittee on this bill, one of the great ob­ airlines in the United States in the last jections to the bill is that by granting a First, permanent certitlcates will as­ permanent certificate to the _local service 10 years has been phenomenal.. T~e sist local service carriers to obtain Civil Aeronautics Board even m its financing by assuring investors and airlines we grant them an asset of con.. opposition .to this legislation admits financial institutions of the industry's siderable value which they may later through its Chairman, Mr. Chan Gur~ey, continuity of operation. It will also re­ want to sell or use in some way. Is it not that the local service airlines operat10n true that, under the sections read by the duce the cost of such :financing. distinguished chairman of this commit­ is no longer experimental;- that it has As has been stated before, several passed from the experimental stage and local service airline officials testified be­ tee, the Civil Aeronautics Board still re .. is now, according to him, in the develop­ tains all of the necessary authority to fore our committee that they had to give review and change and suspend the op­ mental stage, which is the same stage of 6 percent interest in order to get :financ­ development that the trunk lines had ing and that only on a short-term basis. erations of the local service airlines, so reached in 1938 when they were granted that the objection to which I referred is in addition to that, they had to find a not a proper objection? permanent· certification. member of the board of directors who Mr.· BROOKS of Louisiana. Mr. was personally able to underwrite the Mr. DOLLIVER. The gentleman is Chairman, will the gentleman yield? loan. entirely correct about that. I might say Mr. WILLIAMS of Mississippi. I yield. The issuance of permanent certificates that that is precisely the situation that Mr. BROOKS of Louisiana. I compli­ will make this unnecessary in the future. the long airlines are in today, because ment the gentleman for working up and Tlie CHAIRMAN. The time of the many of them have what amounts to a introducing and sponsoring this measure. gentleman from Mississippi has expired. permanent certification. So what is pro­ I am very much in favor· of it. I have Mr. PRIEST. Mr. Chairman, I yield posed in this bill for local service airlines had some communications from home the gentleman 1 additional minute. is no different treatment than has been indicating the need for it. The gentle­ Mr. WILLIAMS of Mississippi. The accorded to the long lines. man, however, is from Missis~ippi an~ I equipment question has already been Of course, this whole matter is compli­ am wondering whether there is anythmg covered. Permanent certification will cated by the proposition that in order to at all in this legislation that would h~lp certainly open the door to the possibility get an airline system inaugurated and us in our area to get through service that a prototype airplane may be de­ under way; it·was necessary for the Con­ from Louisiana and :M'ississippi into signed specifically for the purpose of gress to provide a subsidy, which was done by means of·an air mail pay. Washington and New York. carrying out .. these local service ope~a­ Mr. WILLIAMS of Mississippi. That tions. It will permit the local service Some of the long lines have gotten to is a matter which is alien to the pur­ carriers to make long-range planning for the point where they are paid on a com­ poses of this bill; This bill does not their future operations and effect econ .. pensatory basis for the service they ren .. deal with that. · omies which can only be effected through der in carrying the mails, without sub­ sidy. Not so with numerous of the lo­ Mr. BROOKS of Louisiana. I thi~k long-term planning. It will obviate the that is also a matter that the CAB is necessity for each of these carriers com­ cal service airlines. In order to get the ing before the Civil Aeronautics Board local service airlines to the point where very arbitrary about. · they· can be self-sustaining and will re­ Mr. WILLIAMS of Mississippi. May I every 2 or. 3 or 4 years for the purpose of having their certificates renewed, an ex­ ceive only compensatory pay for the mail · say we have an ~pplication before the pense which is no little item in the budget service rather than a subsidy, it seemed Civil Aeronautics Board now to grant of these airlines. to the committee that it was absolutely "through" serv~ce from Jackson · to With respect to the DC~3, which is un .. necessary that they be given a longer Washington, · and we· ·are trying to get doubtedly the greatest airplane that the tenure of life, that they be given a them to act on that application. - airiines have ever had to operate, but chance to prove over a longer period of . I thank the gentleman very much. which is now antiquated, the last ~-3 time that they COl,lld carry on an eco­ Mr. BROOKS of . Lou~siana. _ If the came off the lines at Dougfas in 1945 . . nomic effective· operation. . So far they gentleman- would bring in some. legisla­ The CHAIRMAN. The time of the have not been able ·to do it because o·r tion on that, it might be a good subject gentleman from Mississippi [Mr. WIL .. the facts that have already been alluded also. LIAMsJ has again expired. to in this debate. 4728 CONGRESSIONAL RECORD - -HOUSE April 19·. One thing that has not been mentioned · Mr. HARRIS. With only one excep­ Mr.· DOLLIVER. That is one of the with respect to the local service airlines tion. The operatio~. so far as the tele­ basic reasons for the passage of this is a handicap which we feel would be al­ vision and radio industry is concerned, legislation. In the ·considered judgment leviated were this bjll passed and t9 be­ is more or less automatic. As long as of the committee, this legislation will come law. That is the question of re- they are doing a good j9b, as long as help the Government sooner to get out taining their personnel. , there is no protest, then they come in of the business of supporting these air­ The place where the established air­ and file their record; consequently, gen­ lines and get them on a firm foundation. lines go to get pilots to fly their planes erally as a matter of procedure, the re- Mr. BELCHER. May I say that I cer­ and people to run their business is to the ' newal is automatic. If there is some tainly appreciate the attitude of the com­ local service airlines. As a consequence question about it, then, of course, the mittee, and I want to commend them for the local service airlines are confronted FCC makes the determination whether taking this very progressive step in fur­ with a constant turnover of their good or not the renewal should be granted. thering and helping the operation of people who do . not want. to stay when Mr. DOLLIVER. I would point out an these feeder airlines. they get a chance to work for a perma-· additional difference in the two fields. Mr. DOLLIVER. I thank the gentle­ nent line. This legislation if passed will The airways which carry the airplanes man, and I am sure the committee ap­ give the local service airlines a stability are not the same ether waves th.at carry preciates his remarks. similar to the trunk airlines with respect the radio. In addition, there is no sub­ Let me conclude ·by saying again that to the employment of personnel. sidy, either implied or in any other way, there is no air service in the world that Mr. VORYS. Mr. Chair~an, will the to the radio stations; whereas, the Gov­ is better than the service which the gentleman yield? ernment has a definite interest here in American people receive from its domes­ Mr. DOLLIVER. I yield. improving the stability and the perma­ tic airlines. This is absolutely - true. Mr. VORYS. The gentleman used nence of these local airlines. . Anyone who has traveled in foreign the phrase that the trunk lines have May I allude to another matter, which countries-by air knows that we have a what amounts to permanent certifica­ is the question of securing the right kind far superior domestic service to any tion. As I understand, neither the trunk of airplanes to render this service. That other nation in the world, either in lines nor these local lines get a perma­ is one of the more difficult problems. It Europe, in the Far East or anywhere nent certificate; they merely get a cer­ has already been alluded to. It has been else. Indeed, most of the foreign air­ tificate that does not have a time limit. said that we had before us a witness who lines depend on American operational Is that correct? showed there was a model plane for local procedures and upon American engines Mr. DOLLIVER. That is correct; the service which ·is presently on tne draw-. and planes. So we are leading in this gentleman is absolutely right. ing board ready to go into production field. Mr. VORYS. If the gentleman will provided they can get orders sufficient to The thing we must do, Mr. Chairman, yield further, is that type of certificate justify setting up a production line. is to make it possible for the smaller for unlimited duration the type of cer­ Those orders have not yet come. It did and less populous communities to· get tificate that the Federal Communica­ not seem to the committee they would the same kind of air service that is being ions Commission, for instance, gives for come unless this legislation were passed accorded to the large centers of popula­ radio and television stations? I am to give these local airlines some perma­ tion to the end that all of us may have wondering whether there is any differ­ nence. Then they can get the financing, the advantage of this new and modern ence between the kind of unlimited dura­ so that they can order planes which are type of transportation. tion certificate given an airline, both presently ready for them to use. M~. PRIEST. Mr. Chairman, I yield trunk lines and now these local service Mr. SCHENCK. I should point out the 3 mmutes to the gentleman from New lines, and the certificate that is granted, great difference between a radio renewal York [Mr. KLEIN]. say, to a common carrier or by the Fed­ and the renewal of an airline. That is, Mr. KLEIN. Mr. Chairman, it is evi­ eral Communications Commission. Can the airline has to have very expensive den.t .that there is very little, if any, op­ the gentleman or any member of the equipment to use; therefore, it is a ques­ pos1t1on to this legislation. The commit­ committee enlighten me on that? tion of financing, which is the basic tee was unanimous in approving it. But Mr. DOLLIVER. I will yield to the reason for the difference in the method I wanted to point out one facet of this gentleman from Arkansas [Mr. HARRIS] of doing business. problem that is not covered -by this to respond. Mr. DOLLIVER. The gentleman is legislation. Mr. HARRIS. If the gentleman will entirely correct. The amount of financ­ Although this legislation does not permit, there is a difference. This is a ing required for an airline is far in ex­ apply to helicopters I have noted with permanent certificate. Under another cess, relatively, to the amount of great satisfaction the great strides that section of the Civil Aeronautics Act the financing required for a radio or tele­ are being made by the certificated heli­ Board may on its own initiative by mak­ vision station. copter carriers particularly in the com­ ing the showing itself alter or change a Mr. BELCHER. Mr. Chairman, will mercial field. It is recognized that this route; and~ as has been said here, com­ the gentleman yield? new and radically different type of trans­ pletely eliminate it. This bill would not Mr. DOLLIVER. I yield to the gentle­ portation is being ably developed: change that authority except that the man from Oklahoma. Passenger helicopter service, on a Board would have to show that its action Mr. BELCHER. Of course, we all scheduled basis, is now a reality and has in changing or altering a route was realize that the most difficult time that been for nearly 2 years, with American justified. any business has is during the beginning aviation leading the way. Under the operation of the licensing of its operation. New and larger and more economical of radio and television stations under Mr. DOLLIVER. The gentleman is equipment is already in the air. Greater the FCC Act, at each 3-year period or right. density of population in our large metro­ some other stated length of time, some Mr. BELCHER. In connection with politan areas means that the helicopter cases automatically come in for renewal. these feeder lines, they are beginning, is now a part of our everyday life, both The procedure there is for the station more or less, their operations, yet they for commercial as well as civilian de­ itself to file request for renewal, show­ are confronted with a lot of difficulties fense reasons. ing the record, the programing, the that do not confront the old established In addition, the civilian fleets now in financing, and so forth; then without businesses in that line of operation. operatioI) have already proved an in­ having to go through an expensive hear­ Mr. DOLLIVER. The gentleman is valuable training and testing laboratory ing the renewal is granted. That is the entirely correct. for our armed services. procedure here, but it is a lot more ex- Mr. BELCHER. It is to the Govern­ We are confident of the continued peditious. . ment's interest to remove every single rapid growth of scheduled helicopter Mr. VO RYS. 1;3ut certainly the radio difficulty it possibly can, every obstacle service and I hope that legislation similar and television stations make enormous they have to overcome, because the to that being considered today be con"' investments based on temporary or lirn­ sooner these airlines can get on a proper sid~red for the certificated helicopter ited certificates. Is there so much ob­ basis the sooner the Government can get lines. jection to doing the same thing in the out of furnishing them a subsidy :to May I say to the chairman of our com­ case of the airlines?. operate. mittee that in the near future we ..should 1955 CONGRESSIONAL RECORD - HOUSE 4729 consider comparable legislation with re­ in the Rocky Mountain West. Those of prise and initiative, a right to perma­ gard to helicopter service. These certif­ you who have had occasion to see this nency. icated helicopter carriers who are in the territory know well that it · is rugged Mr. PRIEST. Mr. Chairman, I yield field at the present time are up against country, laced north and south by the 5 minutes to the gentleman from Illinois the same difficulties and uncertainties great Rocky Mountains. In days gone [Mr. MACK]. as the small feeder airlines that we have by, we often spoke of distances out there Mr. MACK of Illinois. Mr. Chairman, been discussing here, and I hope that be­ as so much as the crow flies but we had I am very glad to join with my colleagues fore long we can consider similar legis­ few opportunities to ever take so straight here today on the permanent certifica­ lation with regard to the helicopter a line. We have, of course, fine high­ tion legislation for local service airlines. service. ways and main line rail service and I I think that the local service airlines Mr. BEAMER. Mr. Chairman, I have would not deprecate them one whit. have done a remarkable job in render­ no further requests for time on this side, Nonetheless, we have many towns and ing service to the small communities, but I would like to make one point, if cities which have neither rail service communities under 100,000 population in I may, that no emphasis has been placed nor any direct transportation links by the country. Theyi have been very suc­ on city planning for additional airport surface transportation. We have long cessful in their operations, and they are development. I think we should touch been accustomed to taking the long way well respected by the various communi­ upon that very briefly, because there are from point to point as one just does not ties that they are operating in. many cities which have been reluctant drive over the mountains. Roads are I am glad that it was suggested that to improve their airport facilities until placed where there are breaks or passes we mention something about the bene­ they knew with a degree of certainty in the mountain chain. In some in­ fits to the cities as far as this legislation that there would be service rendered stances, this makes the actual distance is concerned. The cities are very much to their communities. between two points a good deal in ex­ interested so that they can plan on a Mr. PRIEST. Mr. Chairman, I yield cess of the crow line distance between long-scale program for the development such time as he may desire to the gentle­ them. of airport facilities and for commerce man from Colorado [Mr. ASPINALL]. Thus it is that the advent of the feed­ into and out of the cities. It is quite Mr. ASPINALL. Mr. Chairman, I er service airline was so important to beneficial to the cities to have this air want to urge most strongly the favor­ the mountain West. It presented to us service coming in both for air freight able consideration of this bill, H. R. 2225, the opportunity to go direct from point and passenger service, and they have to amend the Civil Aeronautics Act of to point, and on occasion in the winter, made substantial contributions in assist­ 1938 in order to provide for permanent almost the only way to go. Even so, the ing in the development of the local serv­ certification of feeder airlines. We have rugged terrain presents its own problems ice airlines. come to a point in time when a decision to the airline. It must cross mountain An important point to be made is the must be made on the operating future ranges in excess of 14,000 feet and that cost of recertification of your local air­ of these local-service airlines. Last year is quite a climb even if one begins from lines. The cost of recertification of an the House gave its unanimous approval an airport some 7,000 feet above sea airline is great. It costs the individual to a similar proposal, and I hope to see level. I think it is obvious that this airline usually in the neighborhood of that same unanimity this year. That great variation in altitude makes for in­ $100,0000. It costs the Civil Aeronautics this may occur seems likely to me, for creased cost in aircraft maintenance Board around $50,000 to $100,000. It this body has as one of its prime func­ and in operation costs. I think it is ob- costs the communities affected around tions and outstanding characteristics its . vious as well that we do not have great $25,000 to $50,000. It is expensive. The knowledge of and effort for the many cities to be served, yet some of our small taxpayers must pay for it. We, the Con­ separate areas, taken either geograph­ cities originate passengers in excess of gress, are rendering a great service in en­ ically or by economic units, that make the population of the city * * * or so couraging the enactment of this perma­ up this great Nation. to speak, everyone flies at least once and nent type of legislation. We will not Most of us here have seen in our time some more than once every year. A only reduce the subsidies paid to the local the establishment of our great trunk­ similar ratio in our great cities would service carriers but will also reduce the airline systems, and have seen them grow present impossible numbers. cost of operation of our Civil Aeronautics from small, faltering companies to great Do not let this comment on the rugged Board. Also we will reduce the cost to concerns, playing an important part in nature of the country indicate that it the cities receiving this service. I think our economic affairs. We have all come makes it impossible for the small airline we have made great progress with our to be proud of our great airline systems, to operate. Quite the contrary. The local service airlines and with the air­ serving not only this Nation but the Frontier Airline using this particular lines, in general. I believe air service is whole world, as the airplane has brought area has a perfect safety record and here to st~Y. and if it is here to stay, we men closer together by shrinking the dis­ completes well in excess of 95 percent of should put it on a permanent basis. We tance between points on the earth. We its scheduled flights. It has demon­ should give a permanent certificate to have seen also great advances in air­ strated its ability to serve this relative­ the local service carriers so that they craft and in aircraft safety. American­ ly isolated area; it has won the accept­ can plan ahead, so that they can pro­ built aircraft are in use throughout the ance of the people as is shown by its cure equipment, and so they can guar­ world, and this achievement rests solely steady increase in number of passen­ antee their employees jobs for a definite on the economic performance of these gers, number of passenger miles, freight period of time. sky giants. loadings and mail and express. It has In this way the airlines can secure The picture is not perfect, however. shown also a steady decrease in the permanent employees and will be in a We have fallen behind in the devel­ amount of subsidy required and per­ position to offer them security. They opment of two types of commercial manency of its certificate would, I am can operate on a sound basis and project aircraft, and face presently the new convinced, give it the opportunity to re­ their operati on over a period of years in phenomenon of foreign competition in duce this dependency steadily in the procuring new equipment. We do not aircraft sales. I speak, of course, of future. like to be in a business we think we might all jet aircraft and also of the turbo­ I should like to close by saying that be forced to terminate or sell out every prop-part jet and part propeller. I it is my considered opinion that the local 3-year period. That is the proposition am sure, however, that we shall redress service airlines, the feeder lines, have the local airlines are faced with today. this imbalance, for the record of progress ably vindicated the faith that gave them The local service airline operating in in the past in prototype development the part of Illinois that includes my dis­ gives confidence for the future. their start. They have grown enough trict has brought scheduled air service The feeder or local service airline is and progressed enough down the road to several communities which previously a postwar development and a develop­ of service and solvency that they should did not have the benefit of this type of ment which has been of great impor· be accepted as full members of our air­ modern communication with the rest of tance to most areas of our Nation. I can line family. They have become impor­ the country. The improvement in the speak with more knowledge of my own tant links between our small communi· ability of residents of this area to expe­ area and I would like to tell a part of ties and the rest of this great Nation, dite their mail, their freight, and their the story of feeder service development and they have earned, by their enter- personal transportation has resulted in 4730 CONGRESSIONAL RECORD - HOUSE April 19 a substantial increase in commercial ac­ "of the United States between which lt, or its With respect to the power of the Board tivity throughout that region. predecessor, so continuously operated be­ to revoke, I have this fear, that it would As a Member of the Congress I .would tween the date of enactment of this section and the date of its application." be very difficult to prove a case of inten­ like to emphasize one further feature of Amend the title so as to read: "A bill to tional viola tion. local air service which strikes me as par­ amend section 401 (e) of the Civil Aeronau­ With respect to the right to alter or ticularly valuable in our overall efforts tics Act of 1938, as amended ... modify in order to guarantee that the to increase the practical working of public would have adequate and efficient democracy. I refer to the increased The CHAIRMAN. The Clerk will re­ service, there have not been many deci­ ability of a Member of Congress to visit port the committee amendments. sions of the courts. The Board itself his constituency. We all know of the The Clerk read as follows: in Panagra Terminal Investigation many demands that are made on the Page 1, line 3, strike out "(2) of the act of (4 CAB 670) recognized certain definite time of Members of congress in this day June 23," and insert in lieu thereof "of the limitations upon its powers to modify or and age and we all know of the time Civil Aeronautics Act of." alter the certificate so as to provide for schedules under which we operate. We The committee amendment was agreed better service. In the cases of western are at the same time equally conscious to. Airlines v. Civil Aeronautics Board 096 of the importance of visiting our con­ The Clerk read as follows: F. 2d 933) and United Airlines v. Civil stituency as frequently as possible so as Page 1, line 5, strike out "(2) ." Aeronautics Board 098 F. 2d 100) the to be as familiar with the current temper courts recognized certain definite limita­ of the people whom we represent in the The committee amendment was agreed tions. Congress as we possibly can. Local air to. Therefore, it seems to me there is a service has greatly improved the ability The Clerk read as follows: serious question as to whether or not the of all of us to perform this service to the Page 1, line 5, after "adding" insert "at the Board has adequate power under exist­ Congress and to our constituents better end thereof." ing laws and the interpretations of those than we ever could before. The committee amendment was agreed laws thus far made to insure that the I would view with the greatest alarm, to. public will continue to get efficient and and so would my constituents, any sug­ The Clerk read as follows: adequate service. gestion that the local air service in our Page 1, line 9, in3ert "date of." Mr. PRIEST. Mr. Chairman, will the area is no more than temporary. We gentleman yield~ believe in my district that the soundness The committee amendment was agreed Mr. DIES. I yield to the gentleman of the concept of local air transportation to. from Tennessee. has been abundantly proved and its per­ The Clerk ·read as follows: Mr. PRIEST. I think what the gen­ manency demonstrated to be essential. Page 1, line 9, strike out "section" and It seems to me that the initial 3-year insert "paragraph." tleman is saying is certainly well taken, experimental and temporary certifica­ but the gentleman will agree, I believe, tion period should be enough to prove The committee amendment was agreed that the pending bill makes no change the fitness, willingness, and ability of the to. in the law in that respect. individual carriers to perform the service The Clerk read as follows: Mr. DIES. The gentleman is abso­ in question in their respective regions. Page l, line 10, strike out "section" and lutely correct. It seems to me also that requiring re­ insert "paragraph." Mr. PRIEST. It would have to be current temporary certifications is ex­ The committee amendment was agreed done in separate amendments. pensive, unnecessary, and inefficient to. Mr. DIES. I agree with the committee harassment of the carriers and I believe The Clerk read as follows: . that we ought to permanently certificate that permanent certification of all of Page 2, line 10, strike out "for such period these companies. They have certainly them by legislative action in this session was" and insert "during the period since demonstrated through a long period of of the Congress is imperative. its last certification has been." time that they are entitled to certifica­ So I appeal to the Members of the tion. But the point I am making is that House to pass this bill so that we may The committee amendment was agreed we may have to amend existing law in have sound local air service operations to. order to guarantee that these companies and reduce subsidies as well as save the The Clerk read as follows: will not use their franchises in some taxpayers money. Page 2, line 17, strike "section" and insert areas solely to enrich themselves. I am Mr. PRIEST. Mr. Chairman, I have "paragraph." not charging they will do it. But sup­ no further requests for time on this side. The committee amendment was agreed pcse there is an airline service that has The CHAIRMAN. There being no to. borrowed some money, bought a lot of further requests for time, the Clerk will Mr. DIES. Mr. Chairman, I move to secondhand equipment, and gone into read the bill for amendment. . strike out the last word. business. Then you give that company The Clerk read as follows: Mr. Chairman, as has been stated by a valuable franchise. If that company's Be it enacted, etc., That section 401 (e) (2) the members of our committee, we were service in the future should not expand of the act of June 23, 1938, as amended unanimous in reporting this bill. How­ and develop to meet the needs of the (49 U. S. C. 487 (e) (2); 52 Stat. 987), is communities it serves, there ought to be amended by adding the following: ever, I am not quite as convinced as some of the Members that the Board has ade­ adequate power in the Board to revoke "(3) If any applicant who makes applica­ that certificate. tion for a certificate within 120 days after quate powers to regulate these com .. the enactment of this section shall show panies. Mr. VORYS. Mr. Chairman, will the that, from the date of enactment of this In the first place, we must remember gentleman yield? section until the date of its application, it that we are conferring upon them fran­ Mr. DIES. I yield to the gentleman or its predecessor in interest, was an air chises that will be worth millions of dol­ from Ohio. carrier furnishing, within the continental lars. O! course, they could barter these Mr. VORYS. I have been listening limits of the United States, local or feeder . with great interest to the gentleman's service consisting of the carriage of persons, franchises in the future. property, and mail, under a temporary certif­ It is true that under section 401 (h) presentation. ~s the gentleman mean icate of public convenience and necessity of the act, upon petition or complaint that Congress has authorized some issued by the Civil Aeronautics Board, con­ or on its own initiative, after notice of Board to give a franchise which becomes tinuously operating as such (except as to some sort of vested right that the Board interruptions of service over which the appli­ hearing, the Board may alter, amend, and the Congress cannot then revoke or cant or its predecessors in interest have no modify, or suspend any such certificate amend? That would be a serial.is situ­ control) the Board, upon proof of such fact in whole or in part if the public conven­ ation. only, shall, unless the service rendered by ience or necessity so require, or may re­ Mr. DIES. No. I did not imply that such applicant for such period was inade­ in quate and inefficient, issue a certificate or voke any such certificate in whole or Congress could not do it. What I am certificates of unlimited duration, authoriz­ part for intentional failure to comply saying is that I am not convinced from ing such applicant to engage in air trans­ with the act, the conditions of the cer.. my limited study of the decisions which portation between the terminal and inter- tificate, and the rules and regulations have interpreted section 401 that the - m.ediate points within the continental limits of the Board. Board now has adequate power to insure 1955 CONGRESSIONAL RECORD-.HOUSE 4731 efficient and adequate servicJ once the we may be compelled to amend the ex­ The Board's argument is also effectively certificate is granted. . . isting laws to give the Board adequate answered both by its recent decision in the If power. I believe it is the intention of . North Central Airlines application for a tem­ I had time.to discuss these dec1s1ons porary exemption permitting service between I think you would reach the same con­ the committee and of the Congress that Chicago and Duluth-Superior via Milwaukee clusion I have. these companies who are given these and Green Bay and also by its decision in me considerable economy to all concerned. In would make more difficult the improve­ of these feeder lines become meffic1ent any event, the carriers have had to prove to ment of the route system of the several er inadequate, and we are asked by o~r the Board their· right to any such route carriers." But in the development of con stituents to do something about it, modification. this point the Board's idea was that the 4732 CONGRESSIONAL RECORD - HOUSE April 19 burden wou1d be on the Board to show then it may be necessary for the com­ the importance of this · legislation and the modification or alteration of the mittee to see whether or not they are that it should be passed immediately. route was necessary. The burden as it in the best interests. - Mr. HOLIFIELD. Mr. Chairman, I now stands is on the airline which is op­ I do not know if there are any such move to strike out the last word. erating on the particular route. existing certificates or not, certainly our Mr. Chairman, I will not delay the · I do not have the same apprehension attention has not been called to any of comniitte·e but for just a few minutes. that has been expressed. I do under­ them, but what this legislation does is to First I want to say that in looking over stand that under the act it is· entirely provide an additional subsection to the this list of names of cities to be served, possible that the statement made by the paragraph which says that within 120 I find some 40 cities that are to be served gentleman would be true; because", in days from the date of this application if in my native home State of California, the first place, we must consider the any applicant who has been operating and I know how much .these permanent entire section 401. Section 401 (d) pro­ under a certificate has proven himself as certificates will amount to these small vides for the issuance of the certificate, operating in the public interest and com­ airhnes that are rendering this service and "that the-Board shall authorize a plying with the provisions and the terms and how much it will stabilize their certificate authorizing the whole or any of his certificate, then he may come in financial position. part of the transportation covered by and under such application get a per­ Mr. WILLIAMS of Mississippi. Mr. the application if it finds that the appli­ manent certificate in order that he may Chairman, will the gentleman yield? cant is fit, able, and willing to perform proceed to develop the route and develop such transportation properly and to con..: his own company in the interest of the ~.HOLIFIELD. I yield to the gen­ form to the provisions of this act and the public and certainly the area that he is tleman from Mississippi. rules and regulations and requirements to serve. Mr. WILLIAMS of Mississippi. The of the Board hereunder, and that such Just one other point which I think is cities that are listed are cities that are transportation is required by the public highly important here and about which already being served, and I am sure that convenience and necessity." nothing has been said. I do not believe this list will even be increased. Section 401 (f) theri provides for the the hearings reveal any information on Mr. HOLIFIELD. I know they are terms and conditions of the certificate. it. Presently there Qave been a number served. This is why I say it may be that what of these renewal certificates under con­ Mr. WILLIAMS · of Mississippi. I the gentleman has said could be true, but sideration. Public hearings have been mean, after these permanent certificates under the procedure of the Board it is held. in various places throughout the are granted. · very unlikely that any such situation United States. There are some sched­ Mr. HOLIFIELD. I realize they are could arise. uled to be heard in the future. Some being served, but the granting of the What does this provide?- of these hearings have been concluded certificates will stabilize that service and Each certificate issued under this section and the examiner has made his report put them on a much sounder financial shall specify the terminal points and inter­ as to renewal of the certificate for a basis. mediate points, if any, between which the given airline. . There are two other problems which air carriers authorized· to engage in air trans­ It might be important to note here I hope this committee will give attention portation, and the service to be rendered; and there shall be attached to the exercise that should this bill become law, I as­ to, which seem to me need attention, of the privileges granted by the certificate sume it would make those proceedings and I certainly· do not profess to be an or amendment thereto such reasonable unnecessary any further. I assume, and expert in this field. One is the amount terms, conditions, and limitations as the it is important, in order to change or of subsidy which is, in effect, being paid public interest may require. modify any existing route, the Board the major airlines in the field of airmail' That is the certificate which is granted then, if this becomes law, would have to, transportation. If I have been correctly to the air carrier under which he must under the application of section 401 (h), informed, most of these large airlines are comply with all of its provisions, and so on its own initiative determine whether now receiving from 45 cents to possibly long as those reasonable terms and con­ or not any particular intermediate point a little higher than that a pound for the ditions are required. might be. suspended from service. There t.ransportation of airmail. I except, of The CHAIRMAN. The time of the are a lot of them involved right today, course, some of these recent arrange­ gentleman from Arkansas has expired. there are a lot of them hanging in sus­ ments where, if space is available, non­ Mr. PRIEST. Mr. Chairman, in order pense on a number of these local carrier airm.ail stamped envelopes are ·carried at that the gentleman may develop his routes, and I think it might be important a cheaper rate. However, I have also point I ask unanimous consent that he here to say that the Congress is relieving been informed that some of the freight may proceed for 5 additional minutes. that suspense of those particular com­ lines have submitted bids to the Post The CHAIRMAN. Is there objection munities today. Then they would have Office Department offering to carry this to the request of the · gentleman from an opportunity to make response to any mail at approximately 18 cents a pcund. Tennessee? contention of the Board that that inter­ Mr. HESELTON. Mr. Chairman, will There was no objection. mediate point is not being served in the the gentleman yield? Mr. HARRIS. Then the application public interest. Mr. HOLIFIELD. I yield to the gen­ on the action referred to under section Mr. WILLIAMS of Mississippi. Mr. tleman from Massachusetts. 401

EXTENSIONS OF REMARKS Internal Security and Constitutional life-are under attack and in danger of free of the restraining shackles of feudal abridgement. And I am sure the uneasiness economy-a land where property was held in Rights I feel is not just the result of vague impres­ free and common socage and where there sions. Unfortunately, it ·is based on facts was un~ampered internal trade and freedom EXTENSION OF REMARKS some of which I shall mention later on in of occupation for its citizens, with equal op­ the course of my remarks. portunity for all. Politically and legally it OF Yet, before I turn to the matter at hand, was a country with a written constitution may I say, that I come before you in order that embodied the experiences of a protracted HON. STUART SYMINGTON to formulate questions rather than to offer fight against inherited privilege and tyranny. OF MISSOURI conclusions. And I also come with a request This Constitution happily united practical IN THE SENATE OF THE UNITED STATES that you, as distinguished members of the considerations with deep theoretical insights. bar, should help our country find the an­ The student of our past is impressed by its Tuesday, April 19, 1955 swers that will preserve our civil liberties. closeness to political and social realities of Mr. SYMINGTON. Mr. President, I I believe we all agree that the erosion of American life. At the same time, the sociol­ ask unanimous consent to have printed civil rights, if true, is a paramount question ogist and the legal scholar realize how closely of our political life and spells dangers of it materialized the theoretical formulations in the CONGRESSIONAL RECORD an out­ unforeseeable gravity. History, however, of Montesquieu .on the separation of powers. standing address recently delivered by teaches us that civil rights are seldom lost These, may I say, "Un-American" ideas born my able colleague, the senior Senator solely by conscious deliberate action. More in old Europe became not only an integral from Missouri [Mr. HENNINGS], before often than not the loss is, in great part, the part of our political life but found in our the Chicago Law Club. result of an absent-minded, unconscious country their first, true and only applica­ There being no objection, the address drift. When the citizens do not see the tion. How new and how revolutionary all was ordered to be printed in the RECORD, threat and when constituted legislative, ex­ this had been becomes particularly clear ecutive, and judicial authorities do not real­ when, for the sake of comparison, we look as follows: ize the consequences of their acts, civil lib­ at the other parts of the American and Euro­ A LAWYER LoOKS AT INTERNAL SECURITY AND erties are in danger of loss by default. As pean Continents at that time. CONSTITUTIONAL RIGHTS I see it, the trend that is now taking place in The Constitution formulated by the (Address by Senator HENNINGS) our country is just of this nature. There is, Founding Fathers is philosophically a com­ I am grateful for the opportunity to speak of course, no suggestion of repealing the Bill plex document. It is at once optimistic and to you tonight--to submit for your con­ of Rights, but steadily, in unrealized stages·, trustful-and pessimistic, skeptical, and sus­ sideration some legal and political ques­ the rights guaranteed by the- bill are in­ picious. It is a supreme expression of the tions in matters that are increasingly on vaded and in danger of becoming nugatory·. mistrust in political power; it splits the my mind, and I know upon yours, as citi­ The birth of our Nation was a momentous governmental authority into its component zens and as lawyers. fact in the development of mankind. An executive, legislative, and judicial parts, and . For a long time now I have been troubled entirely new state entered the community of it enumerates its powers. On the other hand, by the unmistakable fact that civil rights­ nations. Economically, politically, and legal­ it is an equally strong expression of a su­ which are the cornerstone of our national ly it had no precedent. Economically it was preme trust in man as the source of cul-