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Extensions of Remarks 27549 August 5, 1970 EXTENSIONS OF REMARKS 27549 Mr. HELSTOSKI, Mr. SANDMAN, Mr. SON, Mr. FlsHER, Mr. FOREMAN, Mr. sense of the House of RePresentatives with DANIELS of New Jersey, Mr. RoE, and HAMMERSCHMIDT, Mr. MAHON, Mr. respect to balance of power in the Middle Mr. LEGGETT) : MONTGOMERY, Mr. POAGE, Mr. PuR· East; to the COmmlttee on Foreign Affatrs. H. Res. 1173. Resolution expressing the CELL, Mr. SEBELIUS, Mr. SHRIVER, and sense of the House of Representatives with Mr. WOLD): respect to balance of power in the Middle H. Res. 1174. Resolution relating to the PRIVATE BILLS -AND RESOLUTIONS East; to the Committee on Foreign Affairs. protection of consumer supply of natural Under clause 1 of rule XXII, By Mr. BUSH (for himself, Mr. PRICE gas; to the Committee on Interstate and Mr. VAN DEERLIN introduced a b111 (H.R. of Texas, Mr. BELCHER, Mr. BURLESON Foreign Commerce. 18834) for the relief of Karl E. Neathammer, of Texas, Mr. BURTON of Utah, Mr. By Mr. LUKENS: which was referred to the COmmittee on the CABELL, Mr. COLLINS, Mr. EDMOND- H. Res. 1175. Resolution expressing the Judiciary. EXTENSIONS OF REMARKS ENFORCED BUSING OF SCHOOL substantial scale, predicated primarily on a 1. Oppose enforced busing. I respectfully CHILDREN IN VIRGINIA freedom of choice program which accorded request tha.rt you, on behalf of the United to each child and his parents a reasonable States, take appropriate action in the Vir­ option. ginia. cases to oppose the enforced busing of Now that such programs have been held children (i) as being a denial of the consti­ HON. HARRY F. BYRD, JR. invalid in southern states, the demand is !or tutional rights of such children and their OF VIRGINIA instant and complete racial mixing without parents, and (11) as being contrary to the IN THE SENATE OF THE UNITED STATES regard to neighborhood patterns, the avall­ will of the Congress as expressed in the Acts abllity of school and transportation fac111tles, above cited. Wednesday, August 5, 1970 or the deep feelings of the pa.rents and chil­ 2. End the double standard. It ls time, in dren concerned. The proposed method of ac­ the interest of element,e.ry fairness and of Mr. BYRD of Virginia. Mr. President, complishing this end is by the arbitrary up­ assuring a renewal of respect for our system I can say with candor that rarely, if ever, rooting and busing of children. of "equal justice under the law", that the during my 23 years in public office have Moreover, when the enforced mixing of double standard with respect to school inte­ I seen the people of Virginia so dis­ races pursuant to a prescribed formula be­ gration be ended. turbed and so embittered as they are comes the dominant end of public educa­ That such legally enforced hypocrisy exists, about the prospective compulsory busing tion-as now appears to be the objective-we no one doubts--as Sena.tor Rlblcoff of COn­ of children away from their neighbor­ are witnessing a perversion of the educational nectlcut so eloquently stated some months processes. These processes have been de­ ago. The legal standards with respect to hood schools. veloped with great care and cost. They have school integration should be the same in all I feel that it is the obligation of the been of great benefit to the community and states. There can be no moral or legal jUS'tl.­ Department of Justice to support the country. fication for one vindicative set of rules in expressed will of Congress in opposition The Congress, recognizing all of this, has the South and a different and a. much more to enforced busing. at least twice recorded its opposition to lenient set Of rules for other areas of the A prohibition against enforced busing achieving racial balance by enforced busing. country. was included in the Education Appro­ In the 1964 Act authorizing suits by the At­ The Department of Justice ls the agency priation Act of 1970 approved last week torney General (upon receipt of a com­ of the government most responsible for as­ plaint), the Congress provided: suring both equal justice and respect for by Congress and now awaiting final ac­ ". nothing herein shall empower any law. I respectfully request that you take such tion by the President. official or court of the United States to steps as may be necessary to bring an end to It is of great significance that Con­ issue any order eeeking to achieve a racial this unprecedented double standard which gress last week spoke loudly and clearly. balance in any school by requiring the trans­ so degrades the quality of justice in our This makes timely, I feel, a letter which portation of pupils or students from one country. I wrote to the Attorney General of the school to another or one school district to More specifically, I feel that lt ls the obli­ United States. another in order to achieve such racial gation of the Department of Justice to sup­ balance ..." 42 U.S.C.A. 2000c-6. port the expressed will of the Congress ln I ask unanimous consent that my let­ A similar prohibition against enforced opposition to enforced busing. ter of August 4, 1970, addressed to the busing was included in the Education Ap­ I am informed that the Justice Depart­ Honorable John N. Mitchell, the Attor­ propriation Act of 1970 approved last week ment ls a party to the Norfolk Suit. It ls not ney General, be published in Extensions by the Congress and now awaiting final my purpose to comment on any particular of Remarks. action by the President. Section 209 states: Utlga.tlon but rather to address the overrid­ There being no objection, the letter "No part of the funds contained in this ing principles with which I am concerned. If, Act may be used to force any school or school as I believe, the Justice Department has not was ordered to be printed in the RECORD, district . to take any action to force the yet taken a strong and unequivocal position as follows: busing of students; . or to force the against enforced busing and against the U.S. SENATE, transfer or assignment of any student ... double standard, it is urgently necessary Washington, D.C., August 4, 1970. to or from a particular school over the protest that you do so now. This ls necessary to re­ Hon. JOHN N. MrrcHELL, of his or her parents or parent." solve the confilctlng and chaotic condition Department of Justice, It is of great significance that the Congress being imposed upon public education, and Washington, D.C. last week spoke loudly and clearly. This also to sustain and implement t he expressed MY DEAR MR. ATTORNEY GENERAL: The crisis m akes timely, I feel, this letter to you. will of the Legislative and Executive in the school situation in Virginia has It is my understanding that President Branches of government. reached such serious proportions as to re­ Nixon also h as expressed the opposition of In recent years, the Justice Department quire immediate action by the Department t he Executive Branch of the government to has been imaginative and innovative in of Justice. t his form of coercion. making its voice heard effectively on behalf There are seven Federal court suits now Finally, I am informed that the Supreme of civil rights. The issue here involved ls one pending against school boards, including Court has not held that the Constitution of basic civil rights--of both white and black major ones in Richmond, Norfolk, Lynchburg requires any such action. pupil.'3-not to be forced, against their wills, and Roanoke. In at least four of these suits We t hus appear to be in a most remarkable to be transported away from their own the compulsory busing of children away from p ost ure. neighborhood schools to aooomplish arbi­ their neighborhood schools is the central The Legislative and Executive Branches of trary and theoretical concepts of enforced issue. the Federal Government oppose enforced racial mixing. It ha.rdly need be said that the school sys­ busing. The Supreme Court has not held that I can say with candor that rarely if ever, tems involved are threatened with chaotic this ls required by the Constitution. Yet during my long public service, have I seen conditions. No one knows in these communi­ lower Federal courts continue to decree bus­ the people of my st ate so disturbed, frus­ ties how or what to plan for the new school ing in the South, and in m y state of Virginia, trat ed and embit tered. This public attitude year which opens in September. Indeed, no there appears to be every prospect of en­ does not reflect--certainly to any m ajor ex­ one knows whether the schools will be able for~ed busing decrees becoming effective any tent-opposition t o racial integrat ion of the to open and operat e as required by the con­ day. schools. stitution and laws of Virginia. Is there such a state of paralysis in the This unprecedented opposition results, No thoughtful Virginian seeks to reopen Government that the expressed will of the rather, from the tradit ional American re­ the basic issue resolved by Brown v. Board Congress and the President ls not being en­ sentment of (1) extraordinary invasion of of Edu cat ion. Desegregat ion ls the policy of forced-at a time when public education, personal liberty, (ii) enforced separat ion of our Virginia schools and this has been pro­ t he rights of citizens, and, indeed, the well­ children from neighborhood life and activ­ gressing in an orderly manner, and on a being of our communities are endangered? ity, and (lli) a.
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