February 3, 1969 CONGRESSIONAL RECORD- HOUSE 2433 been an involuntary part of Soviet Rus and in the Eastern European countries, Soviet Union since the Ukraine was in sia for almost 50 years, yet their valiant which make up the Communist bloc. The vaded in 1919. fight for independence and freedom in jailing of intellectuals who dare to devi Mr. Speaker, I am pleased to join my 1918, continuing in exile even today, can ate from the Soviet line, the suppression colleagues today in commemorating this certainly be an example to us all in these of all the basic freedoms which Ameri 51st anniversary, and I want to extend troubled times. cans hold dear, and finally, the ruthless my special regards to the Ukrainian In commemorating this independence invasion of Czechoslovakia in 1968, are Americans for keeping up a fight involv day, we are forced to remember the con all part of Soviet policy, both past and ing incredible odds, for a country an tinuing acts of Soviet oppression still present, and an indication that attitudes ocean away, which some of them have existing in the so-called Soviet republics and methods have not changed in the never seen.
HOUSE OF REPRESENTATIVES-Monday, February 3, 1969 The House met at 12 o'clock noon. APPOINTMENT AS MEMBERS OF H.REs.177 The Chaplain, Rev. Edward G. Latch, COMMITTEE TO INVESTIGATE Resolved, That Jorge Luis C6rdova-Diaz, D.D., offered the following prayer: NONESSENTIAL FEDERAL EX the Resident Commissioner to the United PENDITURES States from Puerto Rico, be, and he ls here Our sufficiency is from God.-2 Corin by, elected an additional member of the thians 3: 5. The SPEAKER. Pursuant to the pro following standing committees of the House Eternal Father of our spirits, whose visions of section 601, title 6, Public Law of Representatives: Committee on Agricul grace makes us sufficient for every task 250, 77th Congress, the Chair appoints as ture, Committee on Armed Services, and and whose strength holds us steady as we members of the Committee To Investi Committee on Interior and Insular Afl'airs. live through troubled times, speak Thou gate Nonessential Federal Expenditures AMENDMENT OFFERED BY MR. ALBERT Thy word to us this day and make known the following members of the Committee The Clerk read as follows: Thy will that we may now and always on Ways and Means: Mr. MILLS, Mr. Amendment offered by Mr. ALBERT: Strike walk along the paths of righteousness BOGGS, Mr. BYRNES of Wisconsin; and the out all of line 1, after the word "Resolved," and justice and love. following members of the Committee on and insert: "That Jorge L. C6rdova, the Unite us as a nation that we may con Appropriations: Mr. MAHON, Mr. KIRWAN, Resident". tinue to seek the release of the captives, and Mr. Bow. The amendment was agreed to. give light to those who sit in darkness, The resolution as amended was agreed bridge the gulf which separates our APPOINTMENT AS MEMBERS OF to. people, and support every endeavor NATIONAL HISTORICAL PUBLICA- A motion to reconsider was laid on the which creates and maintains under TIONS COMMISSION table. standing and good will in our national life. The SPEAKER. Pursuant to the provi In the spirit of Christ we offer this our sions of title 44, United States Code, sec VACATING PROCEEDINGS ON AND morning prayer. Amen. tion 2501, the Chair appoints as a mem RECONSIDERATION OF HOUSE ber of the National Historical Publica RESOLUTION 176 tions Commission, the gentleman from THE JOURNAL California (Mr. MILLER). Mr. GERALD R. FORD. Mr. Speaker, I ask unanimous consent to vacate the pro The Journal of the proceedings of ceedings whereby the House agreed to Thursday, January 30, 1969, was read VACATING PROCEEDINGS ON AND House Resolution 176 on January 29, and and approved. RECONSIDERATION OF HOUSE ask for its immediate consideration with RESOLUTION 177 an amendment which I send to the desk. MESSAGE FROM THE SENATE Mr. ALBERT. Mr. Speaker, I ask The SPEAKER. Is there objection to the request of the gentleman from Mich A message from the Senate by Mr. unanimous consent tD vacate the pro igan? Arrington, one of its clerks, announced ceedings whereby the House agreed to that the Senate had passed a b1ll of the House Resolution 177 on January 29, There was no objection. and ask for its immediate reconsidera The Clerk read the resolution, as following title, in which the concurrence follows: of the House is requested: tion with an amendment which I send H.RES.176 to the desk. S. 17. An act to amend the Communica Resolved, That the following-named Mem tions Satellite Act of 1962 with respect to The SPEAKER. Is there objection to bers be, and they are hereby, elected mem the election of the board of the Communica the request of the gentleman from bers of the following standing committees tions Satelllte Corp. Oklahoma? of the House of Representatives: The message also announced that the Mr. GROSS. Well, Mr. Speaker, re COMMITTEE ON AGRICULTURE: Page Belcher, Vice President, pursuant to Public Law serving the right to object, what is the Oklahoma; Charles M. Teague, California; 90-448, appointed Mr. SPARKMAN and Mr. resolution and what is sought to be Catherine May, Washington; William C. done? Wampler, Virginia; George A. Goodling, HOLLINGS as members, on the part of the Pennsylvania; Clarence E. Miller, Ohio; Senate, of the National Advisory Com Mr. ALBERT. Mr. Speaker, will the Robert B. Mathias, California; Wiley Mayne, mission on Low Income Housing. gentleman yield? Iowa; John zwach, Minnesota; Thomas S. Mr. GROSS. Yes, I yield to the gen Kleppe, North Dakota; Robert D. Price, tleman from Oklahoma. Texas; John T. Myers, Indiana; Keith G. APPOINTMENT AS MEMBERS OF Mr. ALBERT. The resolution was the Sebelius, Kansas; Martin B. McKneally, New JOINT COMMITI'EE ON ATOMIC regular resolution assigning the Resident York; Wilmer D. Mizell, North Carolina. ENERGY Commissioner from Puerto Rico vari COMMITTEE ON APPROPRIATIONS: Jack to Edwards, Alabama. The SPEAKER. Pur;.uant to the pro ous committees and there was merely COMMITTEE ON ARMED SERVICES: W1lllam visions of title 42, United States Code, a technical error contained therein. H. Bates, Massachusetts; Leslie C. Arends, section 2251, the Chair appoints as mem Mr. GROSS. Mr. Speaker, I withdraw Illinois; Alvtn E. O'Konski, Wisconsin; Wil bers of the Joint Committee on Atomic my reservation of objection. liam G. Bray, Indiana.; Bob Wilson, Cali Energy the following members on the The SPEAKER. Is there objection to fornia; Charles S. Gubser, California; the request of the gentleman from Charles E. Chamberlain, Michigan; Alex part of the House: Mr. HOLIFIELD, Mr. ander Pirnie, New York; Durward 0. Hall, PRICE of Illinois, Mr. AsPINALL, Mr. Oklahoma? Missouri; Donald D. Clancy, Ohio; Robert YOUNG, Mr. EDMONDSON, Mr. HOSMER, There was no objection. T. Stafford, Vermont; Carleton J. King, New Mr. BATES, Mr. ANDERSON of Illinois, and The Clerk read the resolution, as fol York; William L . Dickinson, Alabama; Mr. McCuLLOCH. lows: Charles W. Whalen, Jr., Ohio; Ed Foreman, 2434 CONGRESSIONAL RECORD- HOUSE February 3, 1969 New Mexico; John E. Hunt, New Jersey; G. diana; Hamilton Fish, Jr., New York; R. marks at this point in the RECORD and to William Whitehurst, Virginia. Lawrence Coughlin, Pennsylvania. include extraneous matter.) COMMITl'EE ON BANIUNG AND CURRENCY: COMMITTEE ON MERCHANT MARINE AND W1lllam B. Wldnall, New Jersey; Florence P. FISHERIES: William S. Mallllard, California; Mr. BROWN of California. Mr. Dwyer, New Jersey; Seymour Halpern, New Thomas M. Pelly, Washington; Charles A. Speaker, I would like to call to the atten York; W. E. (BUI) Brock, Tennessee; Del Mosher, Ohio; James R. Grover, Jr., New tion of my colleagues another in the Clawson, California; Albert W. Johnson, York; Hastings Keith, Massachusetts; G. series of articles which Carol Stevens Pennsylvania; J. William Stanton, Ohio; Robert Watkins, Pennsylvania; Henry c. Kovner, managing editor of Kovner Pub Chester L. Mize, Kansas; Benjamin B. Schadeberg, Wisconsin; John R . Dellenback, lications in Los Angeles, has written on Blackburn, Georgia; Garry E. Brown, Michi Oregon; Howard W. Pollock, Alaska; Ph111p the Middle East situation. gan; Lawrence G. Williams, Pennsylvania; E. Ruppe, Michigan; Daniel E. Button, New Chalmers P. Wylle, Ohio; Margaret M. York; George A. Goodl!ng, Pennsylvania; In this article, Miss Kovner points up Heckler, Massachusetts; Willlam 0. Cowger, Wllllam C. Bray, Indiana; Paul N. Mccloskey, the determination of Israel to defend her Kentucky; J. Glenn Beall, Jr., Maryland. Jr., California; Louis Frey, Jr., Florida. borders from aggression and the lone COMMITTEE ON THE DISTRICT OF COLUMBIA: COMMITTEE ON POST OFFICE AND CIVIL liness which the Jews feel in this battle. Ancher Nelsen, Minnesota; Wllllam L. Spring SERVICE: Robert J. Corbett, Pennsylvania; The article follows: er, Illinois; Alvin E. O'Konskl, Wisconsin; a R. Gross, Iowa; Glenn Cunningham, Ne ABBA EBAN DEPLORES STEREOTYPE OF PASSIVE Wllllam H. Harsha, Ohio; Frank Horton, New braska; Edward J. Derwinskl, Illinois; Albert VICTIMS OF VIOLENCE York; Joel T. Broyhill, Virginia; Larry Winn, W. Johnson, Pennsylvania; Daniel E. Button, Jr., Kansas; Gilbert Gude, Maryland; Sam New York; William L. Scott, Virginia; James (By Carol Stevens Kovner) Steiger, Arizona; Catherine May, Washing A. McClure, Idaho; Thomas J. Meskill, Con In an interview with Time Magazine In ton; Lawrence J. Hogan, Maryland. necticut; Donald E. Lukens, Ohio; Lawrence their January 10 Issue, Abba Eban, articulate COMMITTEE ON EDUCATION AND LABOR: Wil J. Hogan, Maryland. Foreign Minister of Israel, said there Is a liam H. Ayres, Ohio; Albert H . Quie, Min COMMITTEE ON PullLIC WORKS: William C. stereotype o! Jews as the passive victims of nesota; John M. Ashbrook, Ohio; Alphonzo Cramer, Florida; William H . Harsha, Ohio; others violence. Bell, Callfornia; Ogden R. Reid, New York; James R. Grover, Jr., New York; James C. In Israel the Jews resist. They do not John N. Erlenborn, Illinois; W1lliam J. Cleveland, New Hampshire; Don H. Clausen, suffer passively. But th11 world, personified by Scherle, Iowa; John R. Dellenbach, Oregon; California; Robert C. McEwen, New York; the government leaders and news media who Marvin L. Esch, Mtchlgan; Edwin D. Eshle John J. Duncan, Tennessee; Fred Schwengel, speak for the world community, has not fully man, Pennsylvania; W1lliam A. Steiger, Wis Iowa; Henry C. Schadeberg, Wisconsin; M. G. absorbed this change in the Jewish picture. consin; James M. eomns, Texas; Earl F. (Gene) Snyder, Kentucky; Robert V. Denney, Mr. Eban said, "I have no other explana Landgrebe, Indiana; Orval Hansen, Idaho; Nebraska; Roger H. Zion, Indiana; Jack H. tion for the !act that the Soviet Union, which Earl B. Ruth, North Carolina. McDonald, Michigan; John Paul Hammer Invaded Czechoslovakia, can condexnn alleged COMMITTEE ON FOREIGN AFFAms: E. Ross schmidt, Arkansas; Clarence E. Miller, Ohio. Israeli "aggression" at the UN ... without Adair, Indiana; Wi111am S. Mallliard, Califor COMMITTEE ON ScIENCE AND ASTRONAUTICS: the public gallery bursting into laughter." nia; Peter H. B. Frellnghuysen, New Jersey; James G. Fulton, Pennsylvania; Charles A. "I! someone could prove that we could William S. Broomfield, Michigan; J. Irving Mosher, Ohio; Richard L. Roudebush, In survive by giving Arab violence a free rein, Whalley, Pennsylvania; H. R. Gross, Iowa; diana; Alphonzo Bell, California; Thomas M. :~~ .. we would do so. But nobody has proved E. Y. Berry, South Dakota; Edward J . Der Pelly, Washington; Donald Rums!eld, Illi winskl, Illlnols; F . Bradford Morse, Massa nois; John W. Wydler, New York; Guy Van The Pope's sympathetic message to chusetts; Vernon W. Thomson, Wisconsin; der Jagt, Michigan; Larry Winn, Jr., Kansas; Lebanon's president "deploring violent acts•' James G . Fulton, Pennsylvania; Paul Find Jerry L. Pettis, California; Donald E. Lukens, and asking Lebanon to refrain from taking ley, Illinois; John H. Buchanan, Jr., Ala Ohio; Robert Price, Texas; Lowell P. Welcker, countermeasues was astonishing, because bama; Robert Ta.ft, Jr., Ohio; Sherman P. Jr., Connecticut; Louis Frey, Jr., Florida. this was In the context of not uttering a Lloyd, Utah; J. Herbert Burke, Florida; Wil COMMITTEE ON STANDARDS OF OFFICIAL CON single word of protest when 13 Jewish and liam V. Roth, Jr., Delaware. DUCT: Leslie C. Arends, Illinois; Jackson E. Arab shoppers were killed by a terrorist bomb COMMITTEE ON GOVERNMENT OPERATIONS: Betts, Ohio; Robert T. Stafford, Vermont; In a Jerusalem marketplace, In the same Florence P. Dwyer, New Jersey; Ogden R. Reid, James H. Quillen, Tennessee; Lawrence G. geographical area. New York; Frank Horton, New York; Donald Williams, Pennsylvania; Edward Hutchinson, Was the Pope's message to Lebanon, where Rumsfeld, Illinois; John N. Erlenborn, Il Michigan. there was no loss of life Involved, an act of linois; John W. Wydler, New York; Clarence COMMITTEE ON UN-AMERICAN ACTIVITIES: unbiased justice at a delicate moment In J. Brown, Jr., Ohio; Guy Vander Jagt, Mich John M. Ashbrook, Ohio; Del Clawson, Cali history? With his deep Interest in the Middle igan; John T. Myers, Indiana; William 0. fornia; Richard L. Roudebush, Indiana; Al East and the Holy Land, why not speak when Cowger, Kentucky; Gilbert Gude, Maryland; bert W. Watson, South Carolina. Jewish children were being teITortzed in Paul N. McOloskey, Jr., Callfornia; Paul Find COMMITTEE ON VETERANS' AFFAIRS: Charles Israell northern villages with unrelenting ley, Illinois; John H. Buchanan, Jr., Ala M. Teague, California; E. Ross Adair, In bGmbardment In December by Iraqi trained bama; Lowell P. Weicker, Jr., Connecticut. diana; William H. Ayres, Ohio; John P. Say army regulars. Or even when the Israeli engi COMMITTEE ON HOUSE ADMINISTRATION: lor, Pennsylvania; Seymour Halpern, New neer, ironically on his way to a UN help mis James Harvey, Michigan. York; John J. Duncan, Tennessee; John Paul sion, was shot to death In Athens by trained COMMITTEE ON INTERIOR AND INSULAR AF Hammerschmidt, Arkansas; Wllllam L. Scott, in-Lebanon terrorists. FAms: John P. Saylor, Pennsylvania; E. Y. Virginia; Margaret M. Heckler, Massachu But when Israel, defending her small Berry, South Dakota; Craig Hosmer, Califor setts; John M. zwach, Minnesota; Robert V. population from guerrilla bands, even even nia; Joe Skubitz, Kansas; Laurence J . Bur Denney, Nebraska. tually from Lebanon, finally after some ton, Utah; John Kyl, Iowa; Sam Steiger, Ari COMMITTEE ON WAYS AND MEANS: Rogers c. months of terrorism, struck in warning to the zona; Howard W. Pollock, Alaska; James A. B. Morton, Maryland. Arab nations that they must control the ter rorists or sufl'er the consequences and destroy McClure, Idaho; Don H. Clausen, California; AMENDMENT OFFERED BY MR. GERALD R. FORD Ph1llp E. Ruppe, Michigan; John Wold, 13 aircraft In Belrut--not a drop of blood Wyoming; John N. Happy Camp, Oklahoma; The Clerk read as follows: was spilled. Yet this "metal and wire and upholstery" Manuel Lujan, New Mexico. Amendment ofl'ered by Mr. GERALD R. FoRD: COMMITTEE ON INTERSTATE AND FOREIGN as Israell Ambassador to the UN Yosef Tek On page 7, llnes 5 and 6, strike out "E. Ross oah called It, this Is what brought the Pope COMMERCE: W1lliam L. Springer, nunols; Adair, Indiana; William a Ayres, Ohio;" and Samuel L. Devine, Ohio; Ancher Nelsen, Min to speak out. Not In protest to the copious Insert: "William H. Ayres, Ohio; E. Ross blood spilled by Israell civilians in Jeru nesota; Hastings Keith, Massachusetts; Glenn Adair, Indiana;" Cunningham, Nebraska; James T . Broyhlll, salem, not the innocent life of a Jew on a North Carolina; James Harvey, Michigan; Mr. GERALD R. FORD. Mr. Speaker, mercy mission for the UN, but the mere Albert w. Watson, South Carolina; Tim Lee my amendment, which has just been destruction of material objects. Carter, Kentucky; G. Robert Watkins, Penn read by the Clerk, will correct the senior "Are we to hear that the scrap iron of air sylvania; Donald G. Brotzman, Colorado; planes ls worth more than Jewish blood?" ity standing of the gentleman from Ohio Tekoah asked in the UN, his voice angry and Clarence J . Brown, Jr., Ohio; Dan Kuyken (Mr. dall, Tennessee; Joe Skubltz, Kansas; Fletch AYRES) on the Committee on Veter heartsore, as he stood before the UN Security er Thompson, Georgia; James F. Hastings, ans' Affairs. Council after a decision which never men New York. The amendment was agreed to. tioned in the unanimous condemnation a COMMITTEE ON THE JUDICIARY: William M. The resolution as amended was agreed single act of the terrorists from Arab coun McCulloch, Ohio; Richard H. Poli', Virg1.n1a; to. tries, but only Israeli response to the acts of W1Jllam T. Cahill, New Jersey; Clark Mac A motion to reconsider was laid on the the terrorists. Gregor, Minnesota; Edward Hutch1nson, table. Abba Eban deplored, "Those who were Michigan; Robert McClory, Illinois; Henry P. silent in the face of 13 mangled bodies 1n Smith III, New York; Thomas J. Meskill, Mahana Yehuda market now cry with chok Connecticut; Charles W. Sandman, Jr., New MIDDLE EAST REPORT ing voices over 13 steel skeletons that never Jersey; Thomas F. Railsback, Illinois; Edward breathed life ... there was an angry outcry G. Bleater, Jr., Pennsylvania; Charles E. (Mr. BROWN of California asked and only over property that was destroyed-and Wiggins, California; David W. Dennis, In- was given permission to extend his re- is Insured." February 3, 1969 CONGRESSIONAL RECORD- HOUSE There are six countries sitting on the Se tioning of that historic international or formidable and popular candidate for curity Council which have no diplomatic ties ganization but also in fostering the im mayor. with Israel. age of the United States and improving Not only has he been a friend of mine There ls the Soviet Union with Czechoslo for many years, but he acted as my cam vakian hopes for a freer life crushed under relations between the people of our Soviet invading t anks. Continuous anti country and the people of innumerable paign manager in my first successful semitic campaigns ricochet to other coun other countries throughout the world. campaign for Congress in 1958. tries from her shores and the Soviet Union Representative PIRNIE capped his Colonel St. John is not the only mili presumes to judge a Jewish country. service with his election as chairman of tary member of his family. His son, Capt. There ls Britain, stlll enamoured of her a committee composed of members from Richard L. St. John, whom I was proud personal romantic myth of the Arab rldlng five countries to study the question of to designate is a graduate of the U.S. In the clean open desert (with an English Military Academy, a soldier with a dis man by h ls side) , holding a grudge against universality and he served in this capac Israel for not strangling during the yea.rs ity at the next to the last meeting of tinguished record in Vietnam and at after World War II, when she did her level the union at Dakar, Senegal. present a professor of military science best to throttle the emerging country. Mr. PIRNIE performed magnificently at at Lafayette College in Easton, Pa. There ls France, In the grip of an ancient the formal sessions of the Interparlla The Hartford Courant recently car autocrat who suddenly announced a. com mentary Union. He took an active part ried a complete and interesting account plete arms embargo after the Beirut raid in the deliberations of the Union's most of Colonel St. John's career and I think on Israel with no return of $160 milllon pa.Id active committee, as well as in its rul it only fitting at this juncture in the life ln advance by Israel. Israelis met hls an nouncement with resigned dismay, realizing ing council, and in these areas he of one who has served the United States this was the logical conclusion to the court stanchly defended the record and pol so well to make this account a part of the ship of de Gaulle and the Arabs, with the icies of the United States and proved RECORD, as follows: Russians providing much of his wooing himself to be a worthy foeman of those OFFICER ENDS COLORFUL CAREER words. who attacked our country. In addition (By Theodore Driscoll) And there ls the United States, too, who to his formal activities and in some ways It was July 6, 1944, and the Chinese 36th joined this frivolous and Irresponsible farce more importantly, Mr. PIRNIE devoted Division had been thrown back by a. surprise at the UN, condemning a. small country for himself tirelessly to the extraofficial ac Japanese counter-attack that drove them to what we have done ourselves unscathed and the Solween River. The river was wide and uncensured by the UN .. . ln the effort to tivities of the various conferences. It ls an accepted fact that in these extracur swift. There could be no retreating a.cross it. be more "evenhanded." Lt. Col. Wlllla.m St. John, then commander There has been much talk In the last two ricular contacts parliamentarians are of the American combat section with the weeks of an imposed settlement by the Blg able to achieve more for their countries Chinese unit, listened with hls men to the Four, France, Britain, the Soviet Union and than in the formal exchanges of the nightly BBC news broadcast. the United States. Given their present at scheduled sessions and ALEXANDER PIRNIE There had been a. tragic circus fl.re ln Hart titudes, the Russian and French newly sealed performed superbly in this department. ford, Conn., 168 were dead, 500 others In trade agreement and support of every Arab jured. For St. John It was one of the saddest move politlca.lly, the British psychological I am confident that he was responsible antipathy of Israel, and the OS's new, for greatly improving the understanding days he would ever know. of many of our policies on the part of It would be several weeks before he could weighted evenhandedness, what kind of be sure that his wife and his five-year-old Great Power Intervention would be pro delegates to the conference who would son In Waterbury, his life-long home, had not posed? otherwise have based their judgment of been at the circus that day. The new Soviet formula going the rounds policy on insufficient information. of diplomatic circles looks s!mlla.r to the Half a world a.way In the jungles of South Arab demands for a. return to the May 1967 In addition to this performance, I must west China. this gnawed at St. John, a. con sltua.tlon. France has proposed putting also pay tribute to Representative PIRNIE stant worry, until he got a. letter from his Great Power troops Into all countries In personally as I praise his qualities as a wife five weeks after she sent it. They were volved, but de Gaulle's arms embargo has delegation leader. His tact, his courtesy, safe. ruled France out as a future media.tor In his thoughtfulness, and his gentle but NOW RETIRING the Middle East because of hls one-sided firm scheduling and performance of del St. John sat In hls office at the State stand. Armory on Broad Street one day la.st week egation responsibilities made it a par remlnlsctng a.bout this and other things. He Like the Four Horsemen of the Apocalypse, ticular pleasure to serve with him. once the Big Four got rolling together, could h ad just announced that he was retiring from they stop short of erasing Israel and the I am pleased to bring this brief report the Na.t!ona.l Gue.rd after 42 years of serv Jewish people off the globe, as their self to the House today and I am confident ice. !mposed silence nearly did ln World War II? that all Members will agree that Repre On his desk was a. letter to Gov. Dempsey sentative PIRNIE's service should be a with the la.test accounting of the $25,156,592 source of great pride and satisfaction to worth of state-owned property used by the ALEXANDER PffiNIE'S TERM AS IPU this body. In the name of my colleagues, Connecticut National Gue.rd. St. John ls a. kind of overseer for this PRESIDENT I thank Mr. PIRNIE for his outstanding property. He ls the state military property (Mr. MONAGAN asked and was given service. and procurement officer and will continue In permission to address the House for 1 this position after hls retirement from the National Gue.rd. minute and to revise and extend his re LT. COL. WILLIAM ST. JOHN marks and include extraneous matter.) His boyhood was spent In Waterbury, at
sumers by the Credit Code's rate ceilings. At price in a credit sale to be more than in a avoid the penalty if the violation was ac maximum rates, the first $200 of indebted cash sale, he can recover penalties. The cidental or the result of bona fide error ness (which is the lowest breaking point for Credit Code presumes that the cash price in only three llmited situations. The Credit present rates) payable over one year in twelve quoted by the seller ls a cash price, creating Code allows this escape from all penalties installments would cost the consumer the an almost impossible legal burden for the without limit. Mere violation of our Retail following additional amounts if the Credit buyer to overcome in court. Installment Sales Act ls a crime (the At Code were enacted: torney General ls currently in the procesi; HOME SOLICITATION SALES of prosecuting a violator). Only a few vio A newsmall car loan------______25$7.. 14IO The Massachusetts law gives a buyer one lations are crimes under the Credit Code Home appliance ______21. 10 day in which to cancel a credit sale made and they must be willful, which ls almost away from the seller's place o! business; the impossible to prove. Insurance premiums______7. 14 Uniform Consumer Credit Code gives three CONCLUSION Consumers are frequently shocked when days, which is better. But the Credit Code they learn how high the rate ceilings already applies only to sales made at the buyer's resi There are many other weaknesses and are in Massachusetts. For example, on the dence (not even at his neighbor's), and then problems in the Consumer Credit Code too first $200 of debt, they are 30% for small penalizes him the lesser of his downpayment complex or subtle to chronical in this state loans; 1414% for new cars; 17% % for goods or 5% of the price for exercising his right to ment. There are some good points and in and services; 30% for insurance premiums. cancel. Massachusetts has no such limita novations in the Credit Code which would In all of these cases the Uniform Consumer tions or penalties. benefit Massachusetts consumers and the concept of one tightly knit consumer credit Credit Code would raise the ceillng to 36%. BALLOON PAYMENTS code has much to recommend it. But if a OTHER PROBLEMS AND WEAKNESSES Some creditors induce debtors to enter in scale could be created upon which to bal Nothing prevents the legislature from low to a credit transaction by scheduling early ance the gains and losses to Massachusetts ering the rate ce111ngs in the Oredit Code so low installment payments and then hitting consumers, the Council ls convinced it that they approximate present ce111ngs, al the debtor with a final payment many times would tip in favor o! losses if the Uniform though the Commissioners insist that the the amount o! the others. When the debtor consumer Credit Code were enacted in the high ce111ngs are necessary i! competition is cannot pay the final amount, the creditor form of House Blll 778. to work to lower rates. Were this the Con takes possession of collateral or, usually, of sumer Council's only difficulty with the Code, fers to refinance that amount often with ad ditional credit on terms similar to the origi [From the Consumers' Council News, it might recommend passage with lower ceil Jan. 29, 1969] ings. But there are other problems and weak nal and, of course, with additional finance nesses. At a casual glance, the Credit Code charge, Debtors seldom get off the hook in THE POSITION OF THE MASSACHUSETTS CON appears to offer protections and benefits to such cases. Massachusetts requires that in SUMERS' COUNCIL ON HOUSE BILL 778, THE the consumer very much Uke the ones we stallment payments be substantially equal UNIFORM CONSUMER CREDIT CODE, AS STATED have in Massachusetts and to add some new unless the debtor ls given the right to spread BY PROF. WILLIAM F . WILLIER, STATE HOUSE, benefits to those. However, a careful look re the balloon payment <'Ut in amounts and BOSTON, MASS., JANUARY 29, 1969 veals that in a number of instances the Credit periods equivalent to the other payments or Dr. Edward R. Willett, Chairman of the Code actually weakens protections already unless the balloon payment reflects the Ir Consumers' Council, designated Professor law in Massachusetts. A few examples will regular income of the debtor and that fact William F. Willler o! Boston College Law make the point. ls stated. The Uniform Consumer Credit School to speak for the Council. Professor Code allows balloon payments of up to dou Willier ls the Credit Law Consultant to the NEGOTIABLE INSTRUMENTS ble the average of others; it greater than Council and, also, ls a member of the Ad Under ordinary rules of law, a buyer who that, the debtor ls merely given the right to visory Board on Truth-in-Lending to the gives a negotiable promissory note to a seller refinance the payment, which is exactly the Federal Reserve Board. in a credit sale can be forced to pay the abuse which causes the problem. The following ls an excerpt from Prof. Wil finance company to which the seller sells his INSURANCE AND INSURANCE FINANCING ller's testimony: "The State Consumers' note !or cash even though the seller does not A number Of sections of the Uniform Con Council, after study and consultation, op deliver all or part of the goods or services or poses the enactment of the Uniform Con the goods prove to be defective. Massachu sumer Credit Code indicate that financing of insurance premiums is not regulated at all sumer Credl-t Code in Massachusetts at this setts forbids the use of negotiable instru time. ments in such cases. So does the Uniform and it clearly ls not if the financing ls by the insurer. In c. 2550 Massachusetts regu "The Council's position is as follows: The Consumer Credit Code. But Massachusetts Uniform Consumer Credit Code would change also requires that the note be labeled "Con lates such financing. Further, there seems to be no restrictions on the kinds of insurance many laws and regulations in Massachusetts sumer Note" so that no finance company which were designed and enacted ·to protect can force payment of it if the seller defaults. a creditor can require in connection with a consumer credit transaction and for which the consumer. Many problems and conflict Such enforcement remains possible under ing viewpoints have been brought to the the Credit Code. A violation in Massachu~etts the creditor makes a separate charge, while in Massachusetts the kinds o! insurance are Council's attention, some obvious and some subjects the seller to a possible fine and the not so obvious. The General Court should not debtor can recover the entire finance charge limited. ACKNOWLEDGMENTS hastily enact a statute beset With so little as a penalty. The Credit Code does not make understanding and so much controversy. In the violation a crime and allows the buyer Buyers of goods and services frequently stead, thorough study by a competent body a penalty only at the discretion of a court. are asked to sign acknowledgments at the should be given to the changes, problems Further, the seller can weasel out entirely by time they enter into a credit transaction and conflicts which enactment of the Code showing the violation to be unintentional or stating that all goods had been dellvered would create. What may be good enough !or the result o! bona fide error. and services performed even though this was Colorado consumers may not be good enough not so. This has been used in home improve for consumers in Massachusetts." WAIVER OF DEFENSES ment transactions more than any others. To avoid the negotiable instrument prob Prof. Wllller made the following additional When third parties to ".Vhom the seller sold points: lems, creditors often insert clauses in the the credit agreement sought to enforce pay credit agreement which state that debtors ment, courts held debtors to these acknowl " ( 1) There ls serious fallacy in one of agree not to assert their claims and defenses edgments even though the debtor had obvi the major premises upon which the Uniform (such as nondelivery or defective goods) ously been defrauded. Massachusetts gives Consumer Credit Code was promulgated: against third parties (usually finance com such acknowledgments no evidentiary ef that regulation of consumer credit can or panies or banks) who buy the agreements fect against a debtor. The Uniform Con ever will be uniform among the fifty states from the creditors. In Massachusetts, such sumer Credit Code ignores the problem. How and territories.. .. The Massachusetts Gen clauses are unenforceable by decision of the ever, as to disclosure, such an acknowledg eral Court must deal with the problems as Supreme Judicial Court and by statute. The ment creates a presumtpion against the deb they extst tn Massachusetts; it must be con Uniform Consumer Credit Code as intro tor even as to the original creditor that he cerned with the consumers in this State and duced in Massachusetts would give third has complled with the statute; as to third not with those in other states. parties some benefit from such clauses: the parties, the presumption ls conclusive. There "(2) In all cases the rate cell!ngs for con third party would never be liable for more are no such presumptions in Massachusetts. sumer credit in the Uniform Consumer Credit than the amount owing to him at the time Code exceed those tn Massachusetts, even and the debtor would be limited to set-off REMEDIES though they may equal or be lower than against that amount. Presently, the debtor Massachusetts allows a debtor as a mat those in other states. There ls ample evidence can bring action on his own initiative and ter of right to recover a penalty of all credit that for many debtors the celling becomes does not have to rely upon set-off. charges for most violations, and even more the floor, that high cost creditors always for some violations. The Uniform Consumer charge the maximum rates. CASH PRICE Credit Code leaves award of a penalty to "The Uniform Consumer Credit Code would Both Massachusetts and the Uniform Con the discretion of a court. Massachusetts al raise the ceiling to 36% interest at maximum sumer Credit Code require a credit seller to lows a debtor to take affirmative action in rates o! this new proposed Code. The first reveal as the cash price the price the goods court to have a violation declared void. The $200 o! indebtedness (which ls the lowest and services are offered to cash buyers. If a Credit Code does not provide for such a breaking point for present rates) payable buyer in Massachusetts can show the cash right. Massachusetts allows a creditor to over one year in twelve installments would 2438 CONGRESSIONAL RECORD- HOUSE February 3, 1969 cost the consumer the following additional ment was considered and the Presiden dent Nixon asking that henceforth, .amounts if the Credit Code were enacted: tial Commission was established by act where the fruit of the vine is concerned, "Increase "A small plan ______$7. 14 of Congress in 1967, I opposed the legis only American products be used at official A new car ______25. 10 lation. I think that the creation of the American functions. Home appliance ______21. 10 Commission of Executive, Legislative, Insuran ce premiums______7. 14 and Judicial Salaries was unfortunate and constitutes a great mistake. To per PRIZEWINNING ESSAY BY MIKE "(3) At a casual glance, the Credit Code petuate the mistake instead of correct BUNN appears to offer protections and benefits to the consumer very much like the ones we ing it constitutes an unwillingness to (Mr. HALEY asked and was given per have in Massachusetts and to add some new face up to our responsibilities. mission to address the House for 1 min benefits to those. However, a careful look We have delegated our legislative au ute and to revise and extend his remarks reveals that in a number of instances the thority and responsibility to an Execu and inc~ude extraneous matter.) Credit Code actually weakens protections tive Commission, and by doing so, have Mr. HALEY. Mr. Speaker, today, when that are already in the laws of Mas disclaimed ourselves of our responsibil the subject of crime is discussed so much, sachusetts." ity to legislate important matters deal individually and through our news media, The Executive Secretary, Mr. Dermont P. ing with Federal expenditures. If the be Shea of the Council, stated that: "These are I would like to submit to you to printed Just some of the reasons why the Consum House of Representatives wants to ap in the CONGRESSIONAL RECORD the fol ers' Council recommends that a. thorough prove the provisions of the Commission's lowing essay written by one of my young study be ma.de in order to protect the rights report, that is a matter on which the constituents, Mike Bunn, a high school of the citizens of the Commonwealth. This House can and should work its will. The senior from Bartow, Fla. Mike won first code might be suitable for other states that enactment of a salary increase amount place in the impromptu essay competi do not have the consumer protection credit ing to more than $35 million annually, tion at the Key Club International Con laws that Massachusetts has, but it is not however, should not, under any circum vention held in Montreal this past sum acceptable to the Consumer's Council as stances, be done by nonaction. It should mer on the subject of "How We as Youth presently drafted." be done only by a rollcall vote. Can Prevent the Growth of Crime and Violence in Our Societies." I think that CONGRESS SHOULD WORK ITS WILL RECONSIDERATION URGED ON you will join me in applauding this young ON SALARY INCREASES WHITE HOUSE USE OF FOREIGN man's efforts to summarize how best youth-and I might add-adults might (Mr. FLYNT asked and was given per- PRODUCTS help in combating crime and violence in mission to address the House for 1 (Mr. SISK asked and was given per our society today. The essay appeared in minute and to revise and extend his re mission to address the House for the December 30, 1968, edition of one of marks and include extraneous matter.) 1 minute, and to revise and extend his our fine Florida newspapers, the Polk Mr. FLYNT. Mr. Speaker, I have intro remarks.) County Democrat, Bartow, Fla. duced House Resolution 178 calling for The essay follows: the disapproval of the salary increase Mr. SISK. Mr. Speaker, it is customary proposal for certain officials in the execu for the Congress to give a new adminis PRIZEWINNING ESSAY : BARTOW KEY CLUBBER tive, legislative, and judicial branches of tration a reasonable amount of time to REFLECTS ON YOUTH LAW AND ORDER RoLE get itself oriented, to reappraise past Mike Bunn, a senior at Bartow high school, Government. This resolution was refer policies, to review its options, and then won first place in the impromptu essay com red to the House Committee on Post Of chart its course. I intend to follow this petition at the Key Club International con fice and Civil Service. policy with regard to the Nixon adminis vention held in Montreal this past July. Since it is clear that the Committee on In the contest, participants were given no Post Office and Civil Service will not take tration. advance warning concerning the topic. Mike's this subject up prior to the deadline at Nevertheless, I intend also to speak out essay, which follows, was on the topic, "How which time the proposed increase will on issues of importance when the circum we as youth can prevent the growth of crime stances indicate to me that the adminis and violence in our societies": automatically become law by nonaction, I "Since history was first recorded, man has simultaneously introduced House Reso tration is receiving bad advice. One such circumstance apparently has a. record of crime and violence. When civiliza lution 179 which was referred to the tions progressed to high levels, they ma.de House Committee on Rules. This resolu developed already. I refer to an article laws to protect their citizens by suppressing tion, if favorably reported, would have which appeared in the Washington Post the animal character of man. the effect of bringing the question of the of Saturday, February 1, which contained ''But Jaws are not always obeyed nor is the pending salary increase to the floor of a report of a formal reception of the animal nature of man tamed. Men strike out the House for a vote. diplomatic corps. against each other in wrath and in Jealousy. The chairman of the Rules Committee It seems to me that the new adminis Men steal to live or for 'kicks'. They fail to see tration has blundered badly already by the obligation they have toward others. has scheduled a hearing on this and "Today society tolerates crime or excuses other identical House resolutions for deciding to serve French champagne at criminals because they are underprivileged. 10:30 a.m. on Wednesday, February 5, the White House. I hope that this does Society first must change its attitudes be 1969. I expect to appear before the Com not represent an abandonment of the fore crime ca.n be successfully comba.tted. mittee on Rules and to ask the commit policies of the two previous administra "Youth will play an important role in the tee to report such a resolution to the tions, which not only were proud to fight against crime. Men are not born thieves floor. The House can vote it up or down. serve American wines, brandies, and or murderers, but learn to steal or kill. champagnes at the White House, but "It is the duty of the youth of a country I do not think that a salary increase- to aid 1n the prevention of crime. Violence in amounting in one case to an increase of also insisted that American products be modern society is inexcusable and should be 171 percent of present salary-should be served at American posts overseas. dealt with promptly. The 'problem• children, come effective by congressional non The first Saturday after assuming of the unreachables, must be brought back into action, and such an increase at a time fice President Nixon devoted to a review society before they become threats to society. when efforts should be made to reduce of our Southeast Asia policies. The sec "Only at a young age can the future crimi instead of increase Federal spending is ond Saturday he devoted to Mideast poli nals be reformed. Thus It will be their peers cies. I hope that the President will set who must reach them. Example is the best of outrageous. teachers; therefore youth must set a good The annual cost of the salary in aside an early Saturday for a discussion example for the generation that follows. creases for the executive, legislative, and of White House beverage policies. Friendship, too, must be given to the prob judicial branches is $34,700,000. At a I am confident that an unbiased review lem child; lack of social contact or lasting time when there is relatively little flex of this matter would show that un relationships with their fellow men can be ibility in our budget and when conflict questionably the best policy would be to seen in the depraved assassins of the last few ing pressures are being exerted to both serve good California beverages or, in a years. Communication between individuals pinch, those produced in the State of New and between generations in society must be reduced Federal spending and to in strengthened. crease spending on certain programs, we York, but in no event those products "Perhaps the greatest weapon against crime cannot by nonaction authorize a salary which come from the vineyards of is respect. For if men respect the rights of increase of this magnitude with a clear Charles de Gaulle. each other how can they deny a man those conscience. Because of my grave concern over this rights or infringe on his personal freedom? When this method of salary adjust- matter I am directing a letter to Presi- A campaign among the youth of all nations 1 February 3, 1969 CONGRESSIONAL RECORD- HOUSE 2439 upholding the worth and dignity of the in· 1 minute and to revise and extend his who stand on the sidelines during a presi dividual would do much to fight crime. remarks and include extraneous matter.) dential contest because they cannot conscien "Criminals should be Justly punished on tiously go along with the nominee of the!r Mr. RARICK. Mr. Speaker, the Wash party. But open support of a rival is a breach conviction, but when their debt is paid to ington Post now editorializes that free society, they should be allowed to return as of party discipline that cannot reasonably be free of stigma as one who has never com speech is rightfully subject to party pun tolerated. The Congressman from Louisiana mitted a crime. ishment if essential to preservation of will be fortunate if he loses only his seniority "By making contacts with children in un morale in the party. and not the right to masquerade under the derprivileged areas, by setting a suitable ex I do not recall the Post editorializing Democratic label. ample for our peers and the generations to against those free-speech dissenters who come, by establishing better communications tore up the National Democratic Con between individuals, and by campaigning for vention in Chicago. PATRIOTISM IS NOT DEAD the dignity of all men, crime can be success fully fought. It is the young leaders of to On the other hand, they have eulogized (Mr. DORN asked and was given per day who must fight for a better tomorrow. It Castro and even defended the Supreme mission to extend his remarks at this is the work of today that assures the success Court in deciding that a Communist has point in the RECORD and to include ex of tomorrow." a right to freedom of association and traneous matter.> can work in a defense factory. Mr. DORN. Mr. Speaker, it was my One wonders why the editors find no RACIAL JUSTICE, NOT SEPARATISM privilege to attend a magnificent pro concern for the morale of the people. gram. "Salute to the Armed Forces," on (Mr. FEIGHAN asked and was given Should not the people-not the party November 1, 1968, conducted by the Aiken permission to address the House for 1 have the right to punish? High School Band, faculty, and students. minute and to revise and extend his re Who would the Post's editors suggest This was a half-time show dedicated to marks and include extraneous matter.> should pass on the morale of the party our Armed Forces at the Greenwood Mr. FEIGHAN. Mr. Speaker, recent news editors? Other politicians? My peo High-Aiken High football game. The demands by Negroes for separatism are ple's morale is low-but never beaten. following editorial appeared in the Aiken very disturbing. I have devoted much How would the Post define representa Standard and Review of November 6, energy during my tenure in Congress, tive government? Of the people? Or of 1968, and is a tribute to this splendid as have a great number of my colleagues, the party? occasion: to assure the Negro a position of true The editor of the paper who has been AIKEN-U.S.A. equality in our society. I was pleased to so prodigiously outspoken for free speech, Though the prophets of gloom depict this find the following editorial in the Cleve dissent, and an alphabet of other rights era as one of darkness, hippies, yippies, draft land Plain Dealer of January 27, 1969, suddenly finds more concern about party card burners and chaos, on Friday, Novem dealing with this timely subject. discipline than he does about the right ber l, at Aiken High School's Hagood Sta It is my hope that my colleagues will of our people to vote-free from perse dium, a light as strong as a laser beam cution, intimidation, or punishment. appeared and proved that waving Old Glory read this noteworthy editorial: ls not as old fashioned as some would have I! the Negro wants to improve his lot, he Does the Washington Post now re pudiate the one-man, one-vote theory? us believe. should be concentrating on developing unity The Aiken High School band, faculty and and racial dignity, not separatism. And Noteworthy, no suggestion was made of students' "Salute To The Armed Forces" whites could make an important contribu any constitutional provision, law, or moved thousands of fans with a program as tion to the cause of equality by working to statute as authority for the party action. stirring as the Splr!t of '76. Imagine, if you change the attitudes of friends and neigh The Post would seem to approve of mak will, the theme songs of the United States bors who are prejudiced. ing laws to fit the occasion and with ret Army, U.S. Marine Corps, United States Navy This is the advice of two leaders here- and United States Air Force being played by Dr. Kenneth W. Clement of the Urban roactive effect. In fact, the action the Post seeks to de the spirited Aiken High School band as each League and William Pickard of the NAACP of the Armed Forces Color Guards marched and it bears repeating. fend is at most unwritten political tradi to take their positions on the center of the Dr. Clement has joined civil rights leader tion or custom-which the same paper gridiron. What a magnificent display of the Roy Wilkins and others in condemning ra bitterly opposed when they moralized national colors. The stirring music of the cial separatism. against racial segregation in the South Aiken High band brought everyone to their In view of the years of frustration and as an evil institution of tradition or cus feet and as a welcome was thundered out by oppression, it is not difficult to see why some the students and fans, the roar became deaf Negroes today are urging black separation tom, which denied basic human rights. A contradictory position from an oracle ening and shattering. The tumultous wel with perhaps even the setting aside of entire come for the color guards, the visiting Major states for Negroes. of the communication media. It even sug General John C. T. T!llson lli--Commanding But separatism is not the answer. Now, gests additional punishment of my people General of Ft. Gordon-Mrs. J . C. T. Tillson, when the national conscience is awakening, by banishing them from the party alto the 861st Radar Squadron, and the soldiers is a time to strive for racial justice and a gether. Makes one wonder, would the who are now In recuperation at Ft. Gordon truly harmonious American society in which Post extend its extremistic logic to refuse Hospital certainly proved that Americans do a man is not judged on the color of his skin. care. This does not preclude the cultivation of the people of my district any representa tion in Congress because their philosophy Following the very warm and dramatic racial pride in the Negro and the develop welcome, 5000 fans came to a dead silence as ment of knowledge about his heritage, These of life and country may differ from the a U.S. Army ti.ring squad from Ft. Gordon are laudable goals and they should and can feelings of others, including the editorial echoed the volleys of a 21 gun salute. The be attained within a single society, without policies of the Post? s!lence as Old Glory was placed at half mast whites and blacks going separate ways. But then, the Post is in the business of as the Bugler and echo sounded Taps made The Negro, however, ts not the only one selling newspapers. And everyone knows the night take on a reverence never to be responsible for bringing about the transi forgotten. With this tribute to those who tion. Whites hold the balance of power in in Washington, D.C., you can sell venom by turning your pen against the people of made the supreme sacrifice, the Alken Band this country and their commitment to racial then marched forming a huge letter "A" to equality is essential. the South. signify America, our wonderful country, Pickard suggests that whites can help by The editorial follows: under God, while the entire audience joined changing the attitudes of fellow whites who PARTY DISCIPLINE In singing "God Bless America" as 1000 and are not sympathetic to the plight of the Negro. He correct. The disciplined Congressman from Loui more American Flags waved. ts Indeed, this is America and Aiken is fortu Prejudice must be actively combatted. As siana, John R. Rarick, missed the point when he said that he is a free American who has nate to have the dedication of its youth, city fast as the walls of bigotry topple, the Negro offlc!als and fraternal organizations who will progress In his struggle. Every white a right to support George Wallace if he wants to. Of course he has. But he can't claim all united as a community to pay homage to who realizes this should be reasoning with the greatest country 1n the world. Old Glory, his less enl!ghtened neighbors. the priv!leges of a Democratic member of the House of Representatives when he Insists on long may it wave. knifing his party in the back. POST APPROVES OF DISCIPLINING We think the action of the House Demo PEOPLE crats in stripping Mr. Rarick of his seniority POLICE REPORTER was not only fair but also essential to the