1953 CONGRESSIONAt· RECORD__: SENATE 508i l By Mr. BILLINGS: The VICE PRESIDENT. Without .ob .. H. R. 5264. A bill for the relief of Carlo SENATE jection, it is so ordered. Panno; to the Committee· on the Judiciary. By Mr. JOHNSON: TUESDAY, MAY 19, 1953 H. R. 5265. A bill for the relief of Margarete PETITIONS AND MEMORIALS Hohmann Springer; to the Committee on .. Petitions, etc., were laid before the the Judiciary. Senate and referred as indicated: The Senate met at 12 o'clock meridian. By Mr. KEOGH: . By the VICE PRESIDENT: H. R. 5266. A bill for the relief of Cres on the expiration of the recess. cenzo Di Donna; to the Committee on the The Chaplain, Rev ~ Frederick Brown A joint resolution of the Legislature of the Judiciary. Harris, D. D., offered the following State of Washington; to the Committee on Finance: By Mr~ LESINSKI: prayer: H. R. 5267. A bill for the relief of Isidoro "Senate Joint Memorial 5 Heredia Ruiz; to the Committee on Judi- 0 God, our spirits are restless until "To the Honorable Dwight D. Eisenhower, ciary. , they find the rest of Thy presence; our President of the United States, and to By Mr. MAILLIARD (by request): hearts are empty and our lives barren the Senate and House of Representatives H. R. 5268. A bill for the relief of Selim until Thou dost possess our very souls. of the United States of America, in Con (Robert) Salloum; to the Committee on the gress assembled, and to the Federal Se· Apart from Thee these feverish days are curity Administrator: Judiciary. but tangled tragedy, sound and fury "We, your memorialists, the Senate and signifying nothing, devoid of meaning, House of Representatives of the State of PETITIONS, ETC. dignity, and beauty. In Thy radiance Washington, in legislative session assembled, trivial rounds become sacraments, com.. Under clause 1 of rule petitions respectfully represent and petition as fol• xxri, mon days are glorified and even bitter.. lows: and papers were laid on the Clerk's desk ness, disappointment, an¢! failure are "Whereas Federal legislation and regula and referred as follows: transfigured and redeemed. tions limit the particip~tion in any aid pro . 259. By Mr~ BUSH: Petition of the Black Make us great enough for these great gram to States, making such aid payments Forest Conservation AssOciation, Couders._ strictly on the basis of need and thereby · port, Pa., protesting the passage of the land• days. Deliver us from pride and preju.. prevent States from recognizing the princi grab bill, H. R. 4023 and S. 1491, and request dice. Join us to those who labor to ple of incentive earnings without jeopardiz ing that this protest be made part of the bring sense and system to this disordered ing their rights to Federal funds; and official record of the hearings on H. R. 4023 · globe, and grant that our eyes may yet "Whereas the inability of States under any scheduled by the House Subcommittee on look upon a world that has found the circumstances to recognize the earnings of Public Lands; and urging f!'lovorable action pathway leading onward to the plains of any persons which commence or are in· on H. R. 4268 and S. 1509, m: any similar universal peace. In the dear Redeemer's creased after a grant is made to such person bills that would improve the supervision and · name. Amen. without the deduction in full thereof from ·use of public lands; to the Committee on the amount of their grants, has in ma.ny Interior and Insular Affairs. · cases prevented persons from eventually be 260. By the SPEAKER: Petition of the THE JOURNAL coming self-supporting · or partially self· Southern Bipartisan Citizens' Housing Com On request of TAFT, and by unani.. supporting thereby causing an actual loss in Mr. the long run to both the State and Federal mittee, Atlanta, Ga., relative to H. R. 4663, mous consent. the re:;tding of the and requesting restoration of the public relief funds; and housing program as recommended by Presi Journal of the proceedings of Monday, "Whereas the Federal Government has rec dent Eisenhower and Sena tor TAFT; to the May 18, 1953, was dispensed with. ognized this situation to the extent of mak Committee on Appropriations. ing a special provision that the first $50 of 261. Also, petition of Florence Scl;lmidt earnings by the blind is exempt from the and others, Chicago, Ill., protesting contin MESSAGES FROM THE PRESIDENT- operation of the above rule, and has further ued membership in the United Nations and APPROVAL OF BILL made it possible for children to participate in the FFA or 4-H educational programs requesting Congress .to enact legislation that Messages in writing from the Presi.. will take the United States out of the United even though the same may bring about earn Nations and the United Nations out of the dent of the United States were com.. ings or profit on their part through their United States; to the Committee on Foreign municated to the Senate by Mr. Miller, participation without a reduction in the one of his secretaries, and he announced grants made to or in respect to such chil Affairs. dren, and that the number of persons affect 262. Also, petition of Eastern Arizona As. that on May 18, 1953, the President had sociation of Indian Affairs, Sa1ford, Ariz., re approved and signed the act • be it ful'ther spectfully pray that the Congress of the A concurrent resolution of the Legislature "Resolved, United States speedily take such action as That copies or this resolution of the Territory oi Hawaii; to the Committee be sent to the Pre~dent of the United States, may be necessary to make known to the on Public Works; the Senators and Representatives from the public the elevation of the theoretical maxi State of Washington, to the Vice President mum high-water level of the pool behind "House Concurrent Resolutinn 30 and chairman of the Committee on Finance the proposed John Day Dam and the prob "Concurrent resolution requesting the Con of the Senate, to the Speaker and chairman able year in which the construction of this gress of the United States of America to of the Ways and Means Committee in the dam be started; Be 1~ enact legislation providing for the estab House of Representatives. and to the Fe.deral "Resolved., That copies of this memorial lishment and construction of a new. post Security Administrator." be immediately transmitted to the Honor office bui1ding in the ·palama-Kalihi dis Two joint resolutions o1 the Legislature able Dwight D. Eisenhower, President of the trict, Honolulu, Oabu of the State of Washington; to the Commit United States. the President of the United "Whereas it is essential that the people tee on Public works: States Senate. the Speaker of the· House of residing in the districts of Kalihi and Palama. Representatives, and. to each Member of Con "Senate Joint Memorial 6 have an adequate, modern post-office build gress from the State of Washington.'• ing in theiJ:' districts to service their postal "To the Honorable Dwight D. Eisenhower, A joint resolution of the Legislature of the needs; and' President of the United States, and to the Territory of Hawaii; to the Committee on "Whereas the 'United States post office at Senate and House of Representati ves of Interior and Insular A1Iairs: Honolulu. Oahu, does not now have the the United States of America, in. Con- gress Assembled; "Joint resolution requesting the Congress of 1;1ecessary facilities to adequate satisfy the the United ·states to pass an act authoriz- postal needs of the people in these areas: ••we, your memorlailsts, the 33d Legfsla- ing the return of property acquired by the Now; therefore, be it ture of the State of Washington, convened in Territory of Hawaii and by the government "Resolved by the House of Representative$. ' 'regular session, respectfully represent and of the several counties including the city of the 27th Legislature of the Territory of Hawaii (the Senate concurring). petition as follows: · d t 0 f H lui f local i That the "Whereas there exists in the state of an · co'Wl Y ono u rom · · res- Congress of the United States of America be, Washington a. partially constructed coastal dents during World War II and it is hereby respectfully requested to highway which begins at the city of Hoquiam ''Whereas during World War rr. several enact regislation providing for the estab in Grays Harbor County, skirts the north eleemosynary organizations whose members lishment and construction of a new post shores of Grays Harbor and North Bay.' and were persons of Japanese extraction, many office building in the Palama. and Kalihi dis then turns northerly to follow the shore of of whom were citizens of the United States, tricts, Ho~olulu, oahu, and appropriating the Pacific Ocean to a junction with the owned real property; and sUfficient funds therefor; and be it further Olympic Loop Highway in the vicinity of "Whereas such persons were· made to feel "Resolved,. That certified copies of this Queets; and that their loyalty was under grave suspicion, concurrent resolution be transmitted to the "Whereas this highway is of major Im- notwithstanding there was no basis for ~y President o~ the Senate and the Speaker of portance to the Nation !rom the standpoint suspicion; and the House of Representatives of the Congress of coastal defense and of-great importance to "Whereas it was made known to such per- of the United States of America, to the Post 1 the economic development o! the State;. and sons that the suspicion, baseless though it master General, to the Secretary of the In "Whereas there is a 14-mi:le section of this was, might be somewhat allayed by the eon terior, and to the Delegate to Congress from highway between Taholah, on the left bank veyance of the property aforesaid to the gov Hawaii." of the Quinault River, and the aforesaid ernment of the Territory of Hawaii and to juncti,on with the Olympic Loop Highway 'the government of the several counties in . A resolution adopted by the Georgia As not yet constructed; said unconstructed sec- eluding the city and co.unty of Honolulu sociation of B'nai B'rith Lodges. at Colum tion being entirely within the boundaries of without monetary consideration; and bus, Ga. • favoring a revision of the so-called the Quinault Indian Reservation; and "Whereas the people o! the Territory of McCarran-Walter Immigration Act, so as to "Whereas State and Federal funds for the Hawaii speaking through their legislators, remove from it the discriminatory na.tional construction of this part of the highway, feel that all such lands should be returned: origins quota system; to the Committee on which, with necessary bridges, is estimated Now, therefore the Judiciary. to cost $2,810,000, will not be available in "Be it enacted. by the Legislatu.Te oj the A resolution adopted by the Georgia As t~e foreseeable future; Territory 0 1 Hawaii: ~ sociation of B"nai B'rith Lodges, at Colum "Now, therefore your memorialists respect- "SECTION 1· The Congress of the United bus, Ga., protesting against the persecution fully pray that the Congress of the United States of America is hereby respectfully re of religious -and .national minorities in the States speedily take such legislative action quested to enact the following law: · Soviet Union~ to the Committee on Foreign Relations. as may be necessal'y to bring about the com- "'A bill to provide for the return of certain pletion of the highway described hereinbe- lands acquired by the Territory of Hawaii A memorandum In the nature of a peti fore; and be it and by the several counties including the tion, issued by the 33d Congress of the Slovak ".Resolved, That copies of this memorial be city and county of Honolulu by gift League of America, .Milwaukee, Wis., relat ing tb the policy o! offering asylum and ma immediately transmitted to the Honorable •• 'Be it enacted, etc.- t .erial and moral aid to the peoples of ali na i Dwight D. Eisenhower. President of the " 'SECTION 1. That any provision of any tions persecuted for their political or relig United States, the President of the United other law to the contrary notwithstanding, ious convictions; to the Committee on For- States Senate, the Speaker of the House of the commissioner of public rands of the Ter . eign Relations. Representatives, and to each Member of ritory of Hawaii, with the approval of the Congx:ess !rom the State of Washington." governor of the Territory of Hawaii, is hereby l authorized and directed, for the sole consid- THE PRESENT AGRICULTURAL 1 "Senate Joint Memorial 14 eration of the provisions of this act, to re- "To the Honarable Dwight D. Eisenhower, convey to the persons and organizations who, SITUATION-RESOLUTION President of the United States, and. to . during World War II. without monetary con Mr. YOUNG. Mr. President, I pre~ the Senate and House of Bepresenta- sideration conveyed to the government of sent for appropriate reference, and ask tives- of the United states oj America, th~ Territory o! Hawaii and to the govern in Congress Assembled: ment of the several counties including the unanimous consent to have .printed in -v/'e, · your memorialists, the Senate and city and county of Honolulu, land and prop the RECORD. without the signatures at- the House of Representatives of the State erty theretofore acquired by them for elee . tached. a resolution recently adopted by o! Washington in legislative session assem- mosynary purposes. a group. of farnters and businessmen bled respectfully represent and petition as• "'SEc. 2· This act sball take effect upon its from New B.ockford, .N. Dak.~ and vicin !ona'ws: . approval..' ity, relating to the present agricultural "WhereM there exists in the State of • ..SEC. 2. Certified copies of this Joint resc situation. . The :resolution sets forth very Washington a primary State highway on the lution shall be sent to the President of the clearly the thinking of a great majority north sfde of the Columbia River from Van- United States, to the President of the Senate of farmers in No-rth Dakota:. couver to Maryhill; and and the Speaker of' the House of Representa- There being :no objection. the resolu ..Whereas it is essential to the economy of · · tives of the Congress of the United States 'Jf the State and the orderly development of America, to the Secretary of the Interior, to tion was referred to the Committee on ·lines of transportation leading to and !rom the Delegate to Congress from Hawaii, and Agriculture and Forestry, and ordered to the Columbia Basin that this highway be to the mayor, chairman, and executive officer be printed in the RECORD, without the continued easterly on a water grade along of the board of supervisors of the several signatures attached. as follows: the north bank of the river for a distance counties including the city and county of "Here and now, without any ifs or buts, I of 37 miles; and · Honolulu. say to you that I stand.behind, and theRe- 1953 .CONGRESSIONAL RECORD- SENATE 5083 publican Party stands behind, the amend- Senator from Wyoming [Mr. HuNT], be such as cited by the Senator from Dela ment to the basic farm act to contin~e added as cosponsors of the bill. ware. through . 1954 the price supports on bas1c The VICE PRESIDENT. The report The VICE PRESIDENT. The bill will commod1ties at 90 ·percent of parity. '11 b · · d d th b'll · 1 b "I firmly believe that agriculture is en- WI e receive • an e I Wil e be received and appropriately referred. titled to a fair, full share of the national ' Pl3:ced. ·on the calendar; and, without The bill annual leave. parity, but full parity." ator from Wyoming will be added as and for other plJ.rposes, introduced by We firmly believe we have not only a right, cosponsors of the bill. Mr. CARLSON, was received, read twice by but a duty to demand a fulfillment of the above promise made by our President !t its title, and referred to the Committee on Post Office and Civil Service. Kasson, Minn. BILLS INTRODUCED As the economy of the Nation revolves around a prosperous agriculture, we demand Bills were introduced, read the first the resignation of Secretary Benson so that time, and, by unanimous consent, the DISTURBING INFLUENCES IN OUR the promise of President Eisenhower can be second time, and referred, as follows: SOCIETY-ADDRESS BY GEORGE fulfilled. By Mr. IVES: · F. KENNAN We firmly believe in price supports of 100 S. 1934. A bill to provide rates of postage percent of parity and if a burdensome sur on third-class matter mailed by organiza Mr. LEHMAN. Mr. President, I had plus is on hand that acreage control be in tions and associations of volunteer firemen; intended to ask perinission to have . voked, handled by democratically elected to the Committee on Post Office and Civil printed in the Appendix of the REcoRD farmer committees. Service. today an article entitled "Kennan Exam We resent the statement that this is regi By Mr. CARLSON: mentation or interference with our freedom. · ines Some Disturbing Forces in Our So S. 1935. A bill to prohibit the payment to ciety," which appeared in the Washing We well remember when wheat sold for 25 certain Government employees for accumu cents per bushel and cattle for $20 per head. lated or accrued annual leave, and for other ton Post of May 17, 1953, containing a We don't want that kind of freedom with purposes; to the Committee on Post Office transcript of an address by Mr. Kennan farm failures, business bankruptcy, and and Civil Service. at Notre· Dame University on May 15. thousands of closed banks. (See the remarks of Mr. CARLSON when he However, the distinguished junior Sen Whereas the price of cattle has gone down introduced the above bill, which appear un ator from Arkansas [Mr. FuLBRIGHT] had 50 }lercent, mostly in the last 6 months, and der a separate heading.) whereas the income of beef is second only the address printed in the RECORD yes'ter to grain, we, therefore, petition the Secre By Mr. PO'ITER: day, and I- shall therefore not ask to tary of Agriculture to use the authority he S. 1936. A bill for the relief of Helmut have it duplicated. now has to bring the price of beef to 90 per Hopton and Herta Hopton; to the Committee Mr. George F. Kennan has long been cent of parity. on the Judiciary. By Mr. LANGER: one of our most distinguished and able S. 1937.- A bill for the relief of Rev. Francis diplomats, serving with courage and wis T. Dwyer and Rev. Thomas Morrissey; to the dom as United States Ambassador to REPORTSOFCOM~S Committee on the Judiciary. Russia and in other diplomatic posts. The following reports of committees By Mr. SALTONSTALL (by request): This address, which was delivered re were submitted: S. 1938. A bill for the relief of Mario Fer cently at a University of Notre Dame · By Mr. CARLSON, from the Committee on nandes Mano; to the Committee on the convocation, analyzes in an extraordi Post Office and Ci vii Service: Judiciary. · narily clear and thoughtful way the dan .. S. 971. A bill to authorize films, and related By Mr. HOLLAND: gers to this country of certain forces in S. 1939. A bill for the relief of Raleigh B. material, for educational use to be trans our society. I commend it to the careful mitted through the mails at the rate pro Diamond; to the Committee on the vided for books; without amendment (Rept. Judiciary. reading by Members of the Senate and No. 293}; and By Mr. MILLIKIN (for himself and by the people of the Nation generally• . H. R. 4654. A bill to provide for the exemp Mr. JOHNSON of Colorado): tion from the Annual and Sick Leave Act S. 1940. A bill for the relief of Michela of 1951 of certain officers in the executive Aurucci; to the Committee on the Judiciary. REQUEST TO PASS OVER THE NOMI· branch of the Government, and for other By ¥1'· DWORSHAK: NATION OF UNITED STATES MAR· purposes; with an amendment (Rept. No. S. 1941. A bill to provide for the construc SHAL FOR EASTERN DISTRICT OF. 294). tion, maintenance, and operation of the By Mrs. SMITH of Maine, from the Com~ Michaud Flats project for irrigation in the WASHINGTON mittee on Government Operations: State of Idaho; to the Committee on Inte• Mr. MAGNUSON. Mr. President, I S. 833. A bill to amend the Legislative Re rior and Insular Affairs. may not be able to be present at a late organization Act of 1946 to provide for more effective evaluation of the fiscal require hour this afternoon if the Executive Calendar should be called. Therefore, ments of the executive agencies of the Gov PROHIBITION OF PAYMENT-TO CER· ernment of the United States; with an I desire to serve notice at this time that amendment (Rept. No. 295). TAIN GOVERNMENT EMPLOYEES I wish to ask, most respectfully, that the FOR ACCUMULATED OR ACCRUED nomination of Darrell 0. Holmes, to be ANNUAL LEAVE United States marshal for the eastern REMOVAL OF LIMITATION UPON Mr. CARLSON. Mr. President, I in~ district of Washington, be passed over. RANK OF LEADER OF MILITARY traduce a bill which I wish to have re I have spoken about this matter to the ACADEMY BAN~REPORT OF ferred to the appropriate committee for chairman of the Judiciary Committee A COMMITTEE-ADDITIONAL CO· consideration. and to the majority leader and to the SPONSORS OF BILL Much has been said in recent days. minority leader. Mr. HENDRICKSON. Mr. President, both on and off the Senate floor, about from the Committee on Armed Services, the annual leave benefits for Govern ADDRESSES, EDITORIALS, ARTI I report favorably, with amendments, ment employees. Much of this discus sion has been brought about by the dis CLES, ETC., PRINTED IN THE the bill Editorial on the subject Understanding ~RARY ECONOMIC CONTROLS modification, will be the one which was America, written by Ben F. Ray, chairman of The Senate resumed the consideration made on April 10. the Alabama Democratic Executiv~ Commit Mr. BYRD. Mr. President, offer tee, and published in the Montgomery (Ala.) of the bill Korean war, which was called a police units; · is necessarily absent. action by President Truman. 'I'bat war S. 1528. An act to continue in effect ce-r The Senator from Kentucky [Mr. has lasted now for nearly 3 years. and tain appointments as oflicers ·and as warrant CooPERl is absent on official business. our Nation has· been engaged in that officers of the Army and of the Air Force; Mr. JOHNSON of Texas. I announce bloody conflict for that length of time S. 1530. An act to amend the Army-Navy · tha-t the Senator from Kentucky [Mr. Nurses Act of 1947 to authorize the appoint without a declaration of war on the part ment in the grade of first lieutenant of CLEMENTS] is absent by leave of the Sen of Congress.. 1 hope that will never nurses and medical specialists in the Regular ate on official business. happen again. Army and Regular Air Force, and appoint The Senator from Oklahoma [Mr. I believe one of the reasons people ment with rank of lieutenant (junior grade) KERR] and the Senator"fromNorth Caro ha.ve been confused so badly about the of nurses in the Regular Navy; lina £Mr. SMITH1 are absent on official Korean war is that the constitutional S. 1546. An act to amend the act author business. izing the Secretary of War to approve a authority of Congress was nat invoked standard design for a service fiag and service The Senator from Nevada [Mr. Mc to conduct the war. lapel button; · CARRANl and the Senator from Montana The second part of ·my amendment S. 1547. An act to authorize payment for [Mr. MuRRAY] are absent by leave of the provides that the control powers.- can the transportation of household effects of Senate. come into existence whenever the Con certain naval personnel; The VICE PRESIDENT.. A quorum is gress, by concurrent resolutio~ declares S. 1541}. An. act to retrocede to the State present. · that they shall be invoked.. of Virginia concurrent jurisdiction over cer tain highways within F'ort Belvoir. Va.; and There are 2 prints of the bill being Mr. President. I submit that Congress, 8. 1641. An act to retrocede to the State considered by the Senate, 1 of April io . in case of an em.ergency. can convene of Oklahoma. concurrent. jurisdiction over and 1 of May 13. The print of May 13 very promptly. I believe that in 24 . the right-of-way for United states High . contains the committee amendment as hours we can ha.ve a quorum in the Sen- · _ways 62 and 'lfl7 within the Fort sm MilitarY modified. However. the print used at ate and in the House of Representatives, Reservation, Okla. the desk, which will be the subject of ·should a grea.t emergency occ~r;. 1953 CONGRESSIONAL RECORD- SENATE 5085 Mr. MORSE. Mr. President, will the believe that the Constitution -is clear Mr. MORSE. Mr. President, will the Senator from Virginia yield? with respect to filling vacancies in the Senator from ~rginia yield? Mr. BYRD. I yield. House of Representatives. Mr. BYRD. I yield. Mr. MORSE. Is it not the opinion Mr. BYRD. Let me say to the Sen Mr. MORSE. Does the Senator agree of the Senator from Virginia, as it is ator from Illinois that if Congress were that in its decision in the Steel case of the opirill1n. of the senator from Oregon, to be wiped out in that way I am sure last spring that the Supreme Court that one of the clear responsibilities of the administrative branch of the Gov made it clear that Congress has the Congress, in living up to the obligation ernment would be wiped out as well, and responsibility to act in times of great of checks and balances under the Con consequently no one would be left to en emergency in conjunction with the Pres stitution, is to exercise the authority of force any law. ident, but with Congress exercising its which the Senator from Virginia is now Mr. DOUGLAS. I hope I am not giv power of check? speaking? Do we, the Congress, not ing away any secrets, but at least I am Mr. BYRD. That is correct. have the duty of checking the President under the impression that the President The VICE PRESIDENT. The time of in the exercise of discretionary power? has a bombproof shelter available to him the Senator from Virginia has expired. Mr. BYRD. I agree with the Senator at the White House, although such a Mr. BYRD. How much time does the from Oregon. The point I wish to make shelter is not available to Members of Senator from Ohio desire? clear is that there would be no delay Congress. I think the President would Mr. TAFT. Ten minutes. with reference to the control .powers im have some sort of protection, which Sen Mr. BYRD. I yield 10 minutes to the mediately coming into effect. They ators and Representatives would not Senator from Ohio. would come into effect in the same min have. Mr. TAFT. Mr. President, in the first ute with the declaration of war, or when Mr. BYRD. Mr. President, as I said, place, price and wage controls, in my ever Congress by concurrent resolution if an atomic bomb were to explode over opinion, are absolutely contrary to the invoked the powers. Washington and if all the Senators and whole theory of a free economy. I feel Mr. CHAVEZ. Mr. President, will the Representatives in Congress were killed, very strongly on the subject of putting Senator from Virginia yield? then the administrative officials of the them into a Republican bill. Mr. BYRD. I yield. Government would be killed also. I do I believe that if in the past there Mr. CHAVEZ. May I interrupt the not think that an atomic bomb would had been price and wage controls we Senator briefly and ask him a question show any preference to certain members· would never have had a free economy with reference to his statement about of the Government. In other words, we or the free competition which has there not being any delay? would all go down together. brought about the tremendous increase Mr. BYRD. ,I yield. Mr. DOUGLAS. Mr. President, will in production, in productivity, and Mr. CHAVEZ. I remember the attack the Senator from Virginia yield further? in the standard of living in the United by the Japanese on Pearl Harbor on the Mr. BYRD. I yield. States. 7th of December. On that day I was Mr. DOUGLAS. I do not wish to delay Such controls may at times be neces in the West. Many other Senators were the Senator, but I should like to point sary. If so, Congress should decide away from Washington. Nevertheless·, out, with his permission, that the Presi whether they are necessary. They should we were here on the following day. dential line of succession is much clearer not be made a part of the economic Mr. BYRD. The very next day, at 12 than it is with reference to filling the system of the· United States, written o'clock we can be here; every Senator vacancies in the House of Representa into the statutes. They have no part in and every Member of the House can be tives. There would be an inevitable our economic system. here within 24 hol.lrs. Therefore, I see delay in filling the House of Representa Price and wage controls may be nec no reason for Congress to abdicate its tives, because Members cannot be ap essary in a war, and they may not be authority and responsibility. There is pointed by the governors of the various necessary in a war. absolutely no reason why such tremend States, and there would have to be, con Personally I do not think they are ous power should be given to the Chief sequently, special elections held in ac necessary in the war in which we are Executive under a:qy other circum cordance with the laws of the various engaged today, the Korean war. Price stances. States. This would involve great delay. and wage controls are obviously unneces Under the pending bill every price in In the event of the unfortunate loss of sary, and they have been removed. the country could be frozen. by the Chief the President the Vice President would It seems to me, Mr. President, that to Executive. He could freeze the price of take over, to be followed by the other make them a part of our system would be cattle in the West or in Virginia, even 11 successors in line, namely, the Speaker to accept the philosophy of the Truman though conditions in Virginia are en of the House, the President pro tem administration and the philosophy of tirely different from what they are in pore of the Senate, the Secretary of socialism, that price and wage controls the West. State, and so on. It would be highly im are an essential part, from time to time, The VICE PRESIDENT. The time of probable that all of these men would dis of the economy of the United States. I the Senator from Virginia has expired. appear, but it is a strong possibility that am unwilling to admit any such propo · Mr. BYRD. I yield myself 5 addi we would not oe able to get a quorum sition. tional minutes. in the legislative branch of the Govern I had a good deal to do with price ·All prices would be frozen. Under the ment. and wage controls during the First World conditions· which might exist prices Mr. BYRD. Mr. President, I should War, in writing regulations with respect could be frozen at less than the cost of. like to complete my statement. to price and wage controls. I helped to production, and by invoking the freeze Mr. DOUGLAS. Certainly. I am write the law in the Secoqd World War. every contract made between business sorry. I say there may be times when such men would be invalidated, if the price Mr. BYRD. If the theory that every controls are necessary, but the more I in the contract was in excess of the price one in Washington is going to be de have observed them the more have I or ceiling fixed by the freeze order. stroyed is to be carried to its logical con wondered whether, if they could be all Mr. DOUGLAS. Mr. President, will clusion, then perhaps there should be avoided, we would not be just as well off the Senator from Virginia yield? passed a great many other laws giving without having price and wage con Mr. BYRD. I yield. the President supreme power to do every trols, even in a war. Mr. DOUGLAS. The Senator from thing he pleases. Certainly in an all-out war, when we Virginia has referred to the ability of I shall not take up any more time in get to the point where we have a tre Congress to convene within a day after connection with my amendment, because mendous deficit, of perhaps $50 billion, an attack. In that connection was he other Senators wish to speak on it, and ~s happened in the Second World War, not speaking primarily of wars of the I have only half an hour available. during 3 or 4 years, then probably price past? When attacks occurred outside I wish to emphasize the fact that the and wage qontrols will at least deter in our borders? In the future, wars may pending legislation would freeze the flation. They will not prevent inflation. well be atomic in nature, and if an price of everything in the country, ex Inflation occurs finally anyWay. How atomic bomb were to fall on Washington cept stocks on the New York Stock Ex ever, they will slow up inflation, probably while Congress was in session it might change. I do not know why they were delay it, and probably help maintain well wipe out all of Congress. I do not exempted. · greater stability for the time being. But, XCIX-320 5086 CONGRESSIONAL RECORD- SENATE May 19 . I Mr. President, that is or Congress to services or transactions therein, or types of omy of the United States, in connection decide. If, when an emergency arises, a employment-- with the maintenance of freedom in our freeze is imposed, its effect is to freeze And so forth. In other words, this country, under the provisions of the Con inequities and to freeze many prices at measure is an ordinary price-a'nd-wage stitution. levels below where they should be. Dur control measure, which would be put into So, Mr. President, I believe very ing a war prices rise because people think effect by the fiat of the President, simply strongly that we cannot and we should certain articles will be in demand; but because the President might say there not renew the practice we protested after a while, the higher prices bring was a national emergency. So what we against for 20 years-namely, the prac about increased production of those have here is a measure proposing standby tice of giving the President the power articles. controls, and that is opposed to the pol to declare an emergency, and thereby Frankly, I think it would be wise, when icy of the Eisenhower administration. It the power to grant to himself the right a war starts, to let prices adjust them is opposed to what President Eisenhower to put into effect such controls. selves for a few months while Congress has told us he wants and what he does Furthermore, how could the President considers the wisdom of imposing wage not want. This measure does· not pro decide about such things without having and price controls, the extent and nature vide for the freeze President Eisenhower the benefit of the advice of an OPA of the emergency, and the connection said he would accept. organization? How could the President' . between the two. Mr. IVES. Mr. President, will the possibly determine what exemptions It has been said that if at the start of Senator from Ohio yield on that point? should be made, unless he had an organ the Korean war, controls had been im Mr. TAFT. I yield. ization to tell him? How could the posed, there would not have been a 15- Mr. IVES. If that be the case, I President decide to suspend ceilings or percent increase in prices. Of course, the should like to ask the distinguished Sen to make adjustments in ceilings unless increase was primarily due to policies ator from Ohio why there is any need to he had a whole OPA organization to pursued by the administration for 2 be disturbed about having the controls advise him about what should be done? years before the Korean war began, ever exercised under the present admin Mr. President, this measure is an OPA whereby credit was greatly expanded istration. measure, which the President could put and an inflationary spiral was developed. Mr. TAFT. Once the President is into effect by simply saying, "I declare · Paper money was being issued, in the given the power, he may be urged to use the existence of a national emergency." form of currency, to almost anyone who it. This measure is contrary to everything applied to a bank for a loan, by the sup Mr. IVES. But if the President is op I have supported ever since I have been port of Government bonds. The Gov posed to controls, is there any danger of a Member of Congress, and it seems to ernment was essentially encouraging the his imposing them? be contrary to everything we urged dur banks to loan all the money they wished Mr. TAFT. If there is no likelihood ing the campaign. to loan. Up to the beginning of the that he would impose them, why give him I would prefer to vote for the Bricker Korean war a policy of infiation was the power at all?. That is an equally amendment, which would strike out the steadily being pursued. good answer. entire section. Then, of course, that situation got out Mr. BUSH. Mr. President, will the The Byrd amendment, however, in ef of hand, because so much inflation had Senator from Ohio yield to me? fect returns the power to Congress, be already occurred that it was impossible Mr. TAFT. I yield. cause only Congress can put this system to prevent the 10- or 15-percent increase Mr. BUSH. The only reason for giv into effect; and when Congress does in prices which occurred at that time. ing the President the power, in my opin so, Congress will have an opportunity to The price increases could have been held ion, is that Congress might be· unable rewrite the entire law, after determin down if the Government had not been to act. ing what kind of price and wage con already involved in inflation. . However, The Senator from Virginia has said trols there should be and what exemp the price increases were due primarily Congress would be in session within 24 tions there should be and how they should be carried out. to the world situation, rather than solely hours, but how do we know th~t would the situation in the United States. be the case? Mr. IVES. Mr. President, will the Nothing we can do to prices in the United Mr. TAFT. Of course, Congress could Senator from Ohio yield for another States will prevent an increase in the be in session within 24 hours. question? · Mr. TAFT. I yield. 'prices of materials throughout the world, Mr. BUSH. The Senator from Vir in the event of a major war. Mr. IVES. Is it not a fact that Con ginia says the President should have this gress can still rewrite the law or can The Eisenhower administration has power if the Congress is unable to act. write any law it wishes to write, as soon stated clearly that it wants to get rid of I agree with the Senator from New York as it convenes, if it is not already in the present controls; it does not want that the President is most unlikely to session? standby controls. The President only use the power if the Congress can act Mr. TAFT. Oh, yes; but I do not see said, "I do not ·ask for it, but if Congress and will act. that that is an objection. Why should passes a freeze law, I will take it." Mr. TAFT. Once the President is we give the President the power to write Is the ·present proposal a freeze pro given the power to say, "I see an emer the law? posal? Certainly it is not.· The present gency, and therefore I can do this and Mr. IVES. What, then, is the danger proposal is for standby controls, because that,'' we cannot tell what the President in allowing the President to .take the in a freeze is an impossibility. Prices can may do. In the first place, the President itial action in this matter, if Congress not be frozen overnight and maintained is subjected to tremendous pressures by can correct it immediately afterward, if in that status for 60 days; that simply various interests who feel they want Congress wishes to do so? can not be done. The result would be, price controls or a freeze imposed. The Mr. TAFT. Under that argument, the for instance, to close every grain market President may be subjected to all sorts President perhaps should be granted in the United States, because no one of pressures from various interests and every' power Congress has, in the event would sell grain at the price at which it may act ·because of various considera the United States became involved in was frozen, under those circumstances, tions to which Congress should be giving war; under such circumstances, perhaps with the economic price perhaps 10 cents full consideration. Congress would grant the President a bushel higher. On the other hand, once the President other powers which would be necessary Under any price freeze, it is necessary is given the power, there is a general to be exercised in the event of an emer.;. to make adjustments, and a whole sys tendency on the part of the public and gency. tem of price controls has to be im newspapers to say to him, "Mr. Presi But Congress does not do that. Con posed, and, of course, finally that was dent, you have the power. If you do gress decides, at the time, what kind of provided for in the bill. The committee not exercise it, you will be to blame for law is necessary to meet the particular finally recognized that it could not ap everything that happens." . congress it kind of emergency then existing; and prove a freeze bill. self is inclined to pass the buck when that is the kind of law Congress should On page 24 of the committee amend~ it ought to be considering the emergency write . . ment we find the following: reasons for action. Mr. CAPEHART. Mr. President, will (b) The President may provide exemp It seems to me that Congress cannot the Senator from Ohio yield to me? tions from, suspensions of, or adjustments delegate its constitutional power to make The VICE PRESIDENT. The time of to ceilings in the case of any materials or fundamental changes in the entire econ- the Senator from Ohio has expired. CONGRESSIONAL RECORD-SENATE . 5087 Mr. TAFT. I am sorry that my time written into the bill a declaration-of-war out by the Senator from New York and has expired, so I cannot yield. provisions, except for the fact that we the Senator from Connecticut,. that it The VICE PRESIDENT. Does the are already at war. Would it not be in.. shall be subject to the power of the Con Senator from Indiana desire recognition? consistent for us to provide that the gress to act within the 90-day period. Mr. CAPEHART. Mr. President, I grant of authority to the President in That, I think, must be admitted. . shall speak for perhaps 5 minutes, and regard to controls should become effec But the point I am thinking of at this then I shall yield the remainder of the tive only in the event of a declaration of time in connection with the Senator's time to the Senator from Maine. war, or the beginrung of an undeclared proposal is that in the field of price and Let me say that the able Senator from war, when the fact is that we are already wage control it would confer an un Ohio and the able Senator from Virginia at war? checked and Wide-open discretionary both voted for the 1950 Defense Produc Mr. MORSE. Mr. President, will the power upon the President to do whatever tion Act which gave the President the Senator yield for a question? he may want to do, within the period of right for 12 months to control all prices, Mr. CAPEHART. I yield to the Sen 90 days,.without any requirement that he aU wages, and all rents. Under that act ator from Oregon. shall first submit his recommendations the President was not ·mandated to do Mr. MORSE. Is it not true, however, to the Congress for approval. If con so, but he was given the right to impose that in connection with the so-called gressional approval were required, the standby controls; he was given the right military manpower law we have laid Senator's proposal would. be in line with to freeze prices, wages, and rents, and down very definite standards and very the constitutional theory of checks upon to control them for 12 months, not 90 clear restrictions on the power of the the Executive, which the Senator knows days. Both the Senator from Ohio and President? We have set a ceiling with I follow, in regard to this particular the Senator from Virginia voted for that in the law. We have set the age limits. point of constitutional law. But the measure, which gave the President au We have specified the terms for which present proposal is to delegate an un thority to do something in the future, the men may be called into service. In checked discretionary poy:·er upon the although he did not have to do it if he other words, in connection with that President. did not wish to do .it; and Congress re law, we have exercised a check upon the Mr. BUSH. Mr. President, will the linquished all rights in the matter, once exercise of power by the President of Senator yield for an observation? that bill was enacted into law. the United States by saying, in effect, The PRESIDING OFFICER United states Senate. Time and legally elected President, or successor to ident, we can stop inflation, and prevent . time again· I have pleaded that Congress the President, if we are to engage in that the terrible things it does to the economy keep a check on the President of the kind of speculative argument. We have of our country. But let us not for po United States. That is why, in the Steel to proceed on the assumption that our litical purposes say we are going to pro case, I took the position that on the Government still will be standing. tect the people of the Nation by regu day after the seizure the President ought The VICE PRESIDENT. The time of lating wages, prices, and · the other to have come to Congress and obtained the Senator from Oregon has expired. orderly processes of the economic system. congressional approval of his action. In Mr. BYRD. I yield 2 minutes to the fact, I favored the President seeking con- Senator from Arizona [Mr. GOLDWATER]. Mr. CAPEHART. Mr. President, I gressional approval even before seizure. Mr. GOLDWATER. Mr. President, in yield myself 1 minute. I take the position that we need some answer to the distinguished Senator from The VICE PRESIDENT. The Senator standby machinery for the preparation Illinois [Mr. DoUGLAS], let me say that from Indiana is recognized for 1 minute. of this country for emergencies, but the during my very short term in this very Mr. CAPEHART. Much has been said President ought to get the approval of august body it has been my observation about giving the President unlimited 5090 CONGRESSIONA~ RECORD- SENATE' May 19 power, so that Qe can do the things indi It seems strange and unusual that I · [Mr. MuRRAY] are absent by leave of the cated. The Senator from Arizona re should be defending the good faith, the Senate. ferred to the shooting down of an air strength, and the courage of the present I announce further that on this vote plane. Let me read the language of the President of the United States, while the Senator from Louisiana [Mr. ELLEN bill: Senators who are members of his own DER] is paired on this vote with the Sen The President is authorized and directed, party, including the majority leader, ator from Kentucky [Mr. CooPER]. If whenever he shall find and declare that a should be impugning those attributes. present and voting, the Senator from grave national emergency exists and that the It is an astonishing and arresting situa- Louisiana would .;.vote "yea," and the exercise of such authority is necessary in tion. . Senator from Kentucky would vote the interest of national security and eco The VICE PRESIDENT. The time of "nay." nomic stability. the Senator from New York has expired. I announce also that on this vote the If Senators have any confidence in The Senator from Indiana [Mr. Senator from Montana [Mr. MURRAY] is the President of the United States, then CAPEHART] has 3 minutes remaining. paired with the Senator from North they will vote, in my opinion, to give Mr. CAPEHART. Mr. President, I Carolina [Mr. SMITHL If present and him this authority. If they do not have think we are finished, if the able Senator voting, the Senator from Montana would confidence in himJ if they think he is the ;from Virginia is. I ask for the yeas and vote "nay," and the Senator from North kind of man who will declare a grave nays. Carolina. would vote "yea." emergency b~cause a plane is shot down The yeas and nays were ordered. I announce further that, if present .somewhere, they will vote against the Mr. CAPEHART. I suggest the ab and voting, the Senator from Kentucky bill. sence of a quorum. [Mr. CLEMENTS] Would vote "nay." Mr: IVES. - Mr. President, will the The VICE PRESIDENT. The Secre The result was announced-yeas 45, Senator yield for a question? tary will call the roll. nays 41, as follows: Mr. CAPEHART. I yield. The Chief Clerk called the roll, and YEAS-45 the following Senators answered to their Mr. IVES. Is it not true that this Aiken Ferguson McCarthy power will exist for only 2 years? names: Barrett Frear McClellan Aiken Griswold McCarthy Bennett George Millikin Mr. CAPEHART. It is true that this Barrett Hayden McClellan Bricker Goldwater Morse power will exist for only 2 years, and the Beall Hendrickson Millikin Bridges Griswold Mundt authority will be for only 90 days, if the Bennett Hennings Monroney Butler, Md. Hendrickson Potter Bricker Hickenlooper Morse Byrd Hickenlooper Purtell President declares a grave ·national Bridges Hill Mundt Carlson Hoey Schoeppel emergency. Bush Hoey . Neely Case Jenner Smith, Maine The VICE PRESIDENT. The time of Butler, Md. Holland Pastore Chavez Johnson, Colo. Stennis Byrd Humphrey Payne Cordon Knowland Taft the Senator from Indiana has expired. Capehart Hunt Potter Daniel Kuchel Thye Mr. CAPEHART. I yield .3 minutes Carlson Ives Purtell Dirksen Long Watkins to the able Senator from· New York [Mr; Case Jackson Robertson Dworshak Malone Welker Chavez Jenner Saitonstall Eastland Maz:tin Williams LmiMAN.] Cordon Johnson~ Colo. Schoeppel Mr. LEHMAN. Mr. President, I was Daniel Johnson, Tex. Smathers NAYS-41 very much interested in the remarks Dirksen Johnston, S. C. Smith, .Maine Beall Humphrey Monroney Douglas Kefauver Smith, N.J. Bush Hunt Neely made by the Senator from Arizona [Mr: Duff Kennedy Sparkman Capehart Ives Pastore GOLDWATER]. I think he misses the Dworshak Kilgore Stennis Douglas· Jackson Payne point. We are not trying to enact a bill Eastland Knowland Symington Dutf Johnson, Tex. Robertson Ferguson Kuehel Taft Flanders Johnston, S.C. Saltonstall which wiU affect the normal economy of Flanders Langer Thye Fulbright Kefauver Smathers the country. Of course, the Senator is Frear Lehman Tobey Gillette Kennedy Smith, N.J. right with regard to the procedure under Fulbright Long Watkins Gore Kilgore Sparkman George Magnuson Welker Green Langer Symington a normal economy. This bill, however, Gillette Maione Wil~y Hayden Lehman Tobey would be applied only in time of threat Goldwater Mansfield Williams Hennings Magnuson Wiley of the gratest emergency man can con ·Gore Martin Young Hill 1'4ansfl.eld Young ceive. If we did not believe there was Green Maybank Holland Maybank a grav~ emergency, we would not be ap The VICE PRESIDENT. -A quorum NOT VOTING-10 propriating $45 billion, $50 billion, or is present. Anderson Ellender Russell ·Butler, Nebr. Kerr Smith, N.C. $55 billion a year for defense purposes. The question is on agreeing to the Clements McCarran The idea is to provide for action in a amendment, No. 5-8-53-B, offered by the Cooper Murray grave emergency, at a time when it is Senator from Virginia [Mr. BYRD] to the perfectly conceivable that Congress committee substitute, as modified. So Mr. BYRD's amendment to the com would not only be rendered impotent, On this question the yeas and nays mittee substitute, as modified, was agreed but actually might not exist or when it have been ordered. The clerk will call to. might not be possible to call Congress the roll. Mr. BYRD. Mr. President, I offer together, because· one well-placed bomb The legislative clerk called the roll. and ask to have stated a perfecting might wipe out the greater part of t:Q.e Mr. SAL'I'ONSTALll. I announce that amendment which is made necessary by Congress. Let me point out that Mem the Senator from Nebraska [Mr. BuT the amendment the Senate has just bers of the other House cannot be re LER] is necessarily absent and the Sen adopted. The amendment is offered to placed by appointment, as Members of ator from Kentucky [Mr. COOPER] is ab the committee substitute as amended. the Senate can by appointment of the sent on official business. The Senator The viCE PRESIDENT. The amend governors. In my own State of New from Kentucky is paired with the Sen ment offered by the Senator from Vir York it takes a minimum of 30 days be ator from Louisiana [Mr. ELLENDER]. ginia to the committee substitute as fore a special election can be held. I If present and voting, the Senator from amended will be stated. · was surprised to hear the distinguished Kentucky. would vote "nay," and the The CHIEF CLERK. In the committee majority leader give as one of the rea Senator from Louisiana would vote substitute as amended, at the bottom of sons why he is opposed to the Qill the "yea." page 24, in section 606, after the word fact that the President of the United Mr. JOHNSON of Texas. I announce "President" in the fourth line of that States would be placed under great pres that the Senator from New Mexico [Mr. section, it is proposed to strike out "has sures. That would imply that the dis ANDERSON], the Senator from Louisiana found and declared under section 801 of tinguished majority leader would fear [Mr. ELLENDER], the Senator from Okla this act that a grave national emergency that the President would yield to pres homa [Mr. KERR], the Senator from exists and"; and before the semicolon sures. If that is his fear, I do ~ot share · Georgia [Mr. RussELL], and the Senator in the seventh line of that section, to it. I voted against the present President from Nortl;l Carolina [Mr. SMITH] are strike out the words "such section," and of the United States, and I campaigned absent on official business. insert in lieu thereof "section 801 of this against him. But he is the President of The Senator from Kentucky [Mr. act.'' the United States, and I have full con CLEMENTS] is absent by leave of t:t.c Sen Mr. BYRD. Mr. President, in ·ex fidence that in the event of an emer ate on official business. planation of the amendment I now offer gency, .he will do his duty as President of The Senator from Nevada [Mr. Mc to the committee substitute as amended, the Unite_d States. CARRAN] and the Senator from Montana let me say that section 801 as reported 1953 CONGRESSIONAL RECORD- SENATE 5091 provided tl'lat the temporary freeze same time, we are currently granting The answer seems clearly to be "No." should come into operation when the much broader allocation and priorities The amendment limiting the definition President finds and declares that a grave powers than are necessary. These pow of "national defehse" in a clear, concise, national emergency exists and that the ers are not standby powers, but are a and simple manner limits the scope of exercise of the authority is necessary in present grant of very broad powers to the act to its proper proportions and the interest of national ·security and the Executive. If it is unsound to grant those that are required today. This lim economic stability. My amendment to standby powers today, by the same token ited definition makes it clear beyond dis section 801 provides in effect that before it is even more unsound to make a cur pute or misinterpretation that no con the authority may be exercised under rent grant of powers that are unneces trols over our entire industry are in title VTII, the Congress must make such sary today. tended. Allocations in the civilian econ finding and declaration or the United That the allocation and priority pow omy are clearly limited to those very rare States must have declared war against a ers contained in Senate bill1081 are sub cases, like nickel. The administration foreign nation. My amendments to the stantially the same as those of World receives the assistance for I,nilitary p.nd new section 606 reported from the com War II is evidenced by the following quo AEC procurement that it desires. We mittee eliminate the reference to a find tations: live up to our best American tradition ing and declaration by the President. World War II powers were granted as and do· not leave on our statute books a That will make section 606 consistent follows: · framework for socialism. ·with section 801. This -is a perfecting Whenever the President is satisfied that We also take care of one of the great and technical amendment. the fulfillment of requirements for the de est weaknesses of any priorities system. Mr. CAPEHART. Mr. President, we fense of the United States will result in a Whenever we stop short of complete con shortage in the supply of any material for have no objection to the amendment defense or for private account or for export, trols on any material, there are always offered by the Senator from Virginia to the President may allocate such material in groups who feel that they should receive the committee substitute as amended. such manner and to such extent as he shall a top priority. In 1951 it was these pres The VICE PRESIDENT. The ques ·deem necessary or appropriate in the public sure groups that broke down the priori tion is on agreeing to the amendment of interest and to promote the national def.ense. ties system, and fi:Q.ally resulted in the the Senator from Virginia to the com- adoption of the controlled materials mittee substitute as amended. · section 101 of senate bili 1081 plan. This was pointed out on the fioor The amendment to the committee reads in part: of the Senate on May 13. The limited substitute as amended was agreed to. The powers gran ted in this section shall definition would clearly prevent such an Mr. FERGUSON. Mr. President, to not be used to control the general distribu occurrence again. the committee substitute as amended, I tion of any material in the civilian market unless the President finds (1} that such ma Mr. President, the only purpose of the call up my amendment identified as terial is a scarce and critical material essen amendment is -to define the term ''na ''5-13-53-E." tial to the national defense, or- tional defense." The amendment pro The VICE PRESIDENT. The amend poses to define it as meaning the "pro ment offered by the Senator from Michi In effect, tt was provided in both in- grams for military and atomic energy gan to the committee substitute as stances that where there is a shortage of production or construction, military as amended will be stated. a material, it may be allocated. While sistance to any foreign nation, and The CHIEF CLERK. On page 21 of the subsection (b) of section 101 in Senate stockpiling." That, of course, would in- committee substitute as amended, it is ' bill 1081 may have been intended to im-· elude directly related activities. There proposed to strike out lines 5 to 10, in pose a far greater limitation on the allo- fore, it would clearly mean programs for clusive, and in lieu thereof to insert the cation powers, in fact it does not do so, military and atomic energy production following: but merely adds the requirement that or construction, military assistance to (d) The term "national defense" means the material be "scarce," which is simi- any foreign nation, and stockpiling, and programs for military and atomic-e.nergy pro lar to short supply. directly related activities. I hope the duction or construction, m111tary assistance It has always been contrary to the amendment will be accepted. to any foreign nation and stockpili:pg. American concept of government for the Mr. CAPEHART. · Mr. President, the • Mr. FERGUSON. Mr. President; I legislature to grant powers to the Exec- able Senator from Michigan discussed yield 10 minutes to myself. utive in excess of those actually required. this amendment with me yesterday, and The PRESIDING OFFICER North Dakota understands that under light of my instructions from the com language and the intention of the com the 90-day freeze the President has a mittee. mittee such a line would so qualify. right to make extensions, and he cer- Mr. YOUNG. Mr. President, I wish Mr. FERGUSON. Would an automo tainly would not freeze agricultural I had as much faith in the Government bile which represents merely a ·model products below parity when there is a as has my good friend, the Senator from change which historically and custom law at the present time directing him to Indiana. I am afraid that if the pro arily takt!S place in the automobile in guarantee parity. I do not have any visions of the pending bill were put into dustry constitute a "new product"? particular .objection to the amendment. effect, notwithstanding that both politi Mr. CAPEHART. I do not think it is I may suggest, however, that we now cal parties have promised farmers 100 intended that a model change, without seem to be facing the same kind of a percent of parity in the market place or being a new model, would be included. situation we are likely to confront in the otherwise, it might be many months Mr. FERGUSON. Mr. President, I event of a national emergency, We are before the farmers' ceiling prices were thank the Senator from Indiana, and I having a little example of how much permitted to go up even to 100 percent wish to thank the Senator from North time it takes to pass a control bill. It is of parity. I think this is a provision very Dakota for yelding to me. very complex. The Senator is asking similar to that which was in the previous Mr. YOUNG. Mr. President, it will that we now write his amendment into act. take only a few minutes to explain the the 90-day freeze provision. I have no Mr. CAPEHART. I feel very strongly intent of the amendment Senator objection, but I cannot accept the that the administration and Congress, SCHOEPPEL and I have o·ffered. amendment because 12 of the 15 mem- jointly, should decide exactly what As I understand the pending bill, it bers of the committee directed me as should be done and should spell out would permit the President of the chairman of the committee to report the what they intend shall be done in c3.se United States, or whoever he may desig bill as it is, which I did. I do not feel of great national emergency in the fu nate, to freeze prices, at the time he that I can accept the Senator's amend- ture. We ought not to wait until an issues his order, at whatever level prices ment. I am certainly in sympathy with emergency strikes us and then argue happen to be at that time. If the pro it. I am just as certain as I am that I am afterward, and hold hearings for many visions of this bill were put into effect standing here that if the bill becomes weeks on literally thousands of thou at the present time, they would impose law and the President should, as a result sands of subjects, while in the mean an injustice on producers of farm prod of a grave national emergency, invoke time, prices are going up, up, and up, and ucts. For example, at the present time the 90-day freeze, he will not freeze agri- we are getting more and more inflation. the prices of industrial goods are at an cultw·al products below parity, because The problem is very complex. The · all-time high. Wages, too, are at an all there is a parity law in existence at the Senate voted this afternoon that the time high , but the prices of agricultural present time providing for the Govern- 90-day freeze cannot become effective commodities have been declining for ap ment's loading up to 90 percent. Fur- unless there shall be a declaration of proximately 5 years. At the present time thermore, this measure is only for a 90- war or a concurrent resolution of both they are considerably below what is day period. Houses. It seems to me that, under those deemed by the Federal Government to I am a great believer in 90 percent circumstances, when Congress is voting be fair prices. parity for the farmers, as the Senator upon the concurrent resolution, or when I should like to quote the average knows. I think the prosperity of the it is voting upon a declaration of .war, prices of some of our major agricultural Nation depends upon farm prosperity, it can protect farm prices as they should commodities as of April 15, 1953. The -I have always been a supporter of parity, be protected. source of my figures is the United States and I shall continue to be a supporter I agree with the able Senator from Department of Agriculture. I read: of it. North Dakota that farm prices should The question now arises, in connec- be protected. The question is simply P ercent tion with all the amendments which are whether we wish to make such provision Average farm price of parity to be offered, Do we wish to write a de- in this bill. I have no objection to hav tailed bill on the floor of the Senate, or ing a vote upon the question. I think W h eat______$2.08 per bu sheL______85 are we interested, as I thought we were, that in many respects the amendment Com______$1.46 per busheL ------82 and as I think we ought to be, in giv- is meaningless, now that the Senate has Cotton ______$0.314 % oo per pound______92 B utterfat ______$0.65t{o per pound______89 ing the President the right, in case of denied the Pr~sident the right to pull Beef cattle ______$17. 30perhundredweigh t_ 82 a grave national emergency, to freeze the trigger,- and has provided that Con Hogs______$20.70 per hundredweigh t_ · 102 Chickens ______$0 . 27 ~ per pound______89 wages and prices for a short period of gress will take action either by concur Eggs ______$0.45~ per dozen______110 time, until Congress itself can decide rent resolution or by a declaration of Soybeans______$2.81 per bushel______101 what ought to be done? That is what war. Oats ______$0.76~1 o per bushel______86 Barley ______. $1.30 per busheL______96 our 90-day freeze feature does. That is I do not see that much can be gained R ye ______$1.49 per busheL______88 exactly what title VIII does. It enables by amending title VIII one way or the F laxseed_------$3.57 per busheL __------79 A pples ______$3.29 per bush eL ______118 the President, in case of a grave national other; in fact I do not see how anything Oranges ______$1.34 per box______41 emergency, to hold the line until Con- can be gained, because, in my opinion, P otatoes ______$1.34 per bush el______82 gress can write detailed legislation if, .the amendment is largely ineffective in the opinion of Congress, it is advisable and meaningless as it now stands. Mr. President, it will be noted from to do so. Congress might decide that Mr. WATKINS. Mr. President, will Jhose figures that agricultural prices are no controls were needed. If they should the Senator yield? .lather uneven at the present time, as is so decide, the 90-day freeze would be off. . Mr. CAPEHART. ~ yield . vften the case. If, for example, prices It is simply a question whether the Sen- . Mr. WATKINS. I think I agree with were frozen at their present level, it ate wishes to begin writing detailed leg- the Senator from North Dakota [Mr. would be up to the President of the islation into the 90-day freeze provision. YoUNG] with respect to the delays which United States, I suppose, to appoint a For all practical purposes, since the will come about in trying to _adjust commission to establish prices, and it ·Byrd amendment has been agreed to, a prices or make decisions on prices, such would probably take a long time to se declaration of war or a concurrent reso- .as farm prices. Farm prices now are cure any adjustments. I think it would lution by Congress would now be re- going down, as the Senator from In be most unfair to agriculture, and cer .quired to put the.freeze into effect. At diana knows. In many instances, they tainly detrimental to production in time that time Congress, if it wished to do so, are below the cost of. production, and 5094 CONGRESSIONAL RECORD- SENATE May 19 farmers are in distress. There is no to make exemptions and adjustments. Mr. CASE. Mr: President, I offer the doubt about that. So it would seem to There is no question that :flexibility is -amendment which I send to the desk and me to be unfair to farmers to have a always needed. ask to have stated. freeze in. prices come about, even after Mr. YOUNG. Mr. President, will the The PREsiDING OFFICER. The a declaration of war, without having in Senator yield? amendment offered by the Senator from the law a provision. which would give Mr. CAPEHART. I yield. South Dakota to the committee substi them immediate relief, or place them Mr YOUNG. I agree that the Presi tute as amended will be stated. in a position whereby relief could be dent is strong for the policy of having The LEGISLATIVE CLERK. In the com had immediately. the farmer receive 100 percent of parity. ~it~ee substitute as amended, on page 8, . Mr. CAPEHART. Under the pro That being his position, I see no objec 1t 1s proposed to strike out lines 23 posed act, the President would have a tion to having the bill contain a pro through 25, inolusive, and on page 9 to right and would have broad powers to vision that prices cannot be fro.zen be strike out lines 1, 2, 3, and 4, as follows: adjust or exempt, and I am sure that low parity, or below what is deemed to be In spite of substantial increases which he would act with careful discretion. a fair price. have occurred since the outbreak of the con Certainly he would not at the moment The Senator from Indiana referred to flict in Korea prices are now generally in freeze farm prices below parity, when beauticians and· barbers. I think that normal relationship and the economy as a the law requires that he maintain the prices of their services are at an all whole is relatively stable. It is the sense of parity by loans to the farmers on many time high, as are the wages of almost the Congress that this stability can be main everyone else. tained by the full and effective u~e of indi of their prqducts-not all of them, but · rect controls barring adverse international many of them. SEVERAL SENATORS. Vote! Vote! developments. Mr. wATKINS. There is always a The PRESIDING OFFICER. The However, defense prOduction now requires way to consume time in making adjust question is on agreeing to the amend a limited. · . ments. What we are complaining about ment of the Senator from North Dakota is the adjusting period. There is al [Mr. YouNG] to the committee suosti And in lieu of line 4 to substitute ways a way to delay that matter to a tute as amended. "Defense production requires some." point· where great damage could be The amendment to the substitute as Mr. CAPEHART. Mr.· President, we done. amended was agreed to. have no objection to that amendment. Mr. CAPEHART. I understand the Mr. FERGUSON. Mr. President, I call We will accept it. subject to which the Senator is now al up my amendment designated "f>-13- The PRESIDING OFFICER. The luding. Let us pray that such a time 53-G," and ask that it be stated. question is on agreeing to the amend will never come. But if a grave emer The PRESIDING OFFICER. The ment offered by the Senator from South gency shall arise, it will take many days clerk will state the amendment. Dakota [Mr. CAsE] to the committee sub of debate and hearings to provide proper The LEGISLATIVE CLERK. On page 23, stitute as amended. controls, because it is a complex prob line 23, it is proposed to strike out the · The amendment to the amendment lem. I have been through such a situa words "the levels" and in lieu thereof was agreed to. · tion twice. I know of the long hours and insert "those." Mr. BRlCKER. Mr. President, I call the many days and night that I worked Mr. FERGUSON. This subject was up my amendment designed "f>-13-53-A" on the problem. The matter of con debated on a previous occasion. and ask that it be stated. trolling prices and wages is not an easy MrM CAPEHART. Mr. President, I The PRESIDING OFFICER. The one. The committee was very con have discussed this subject with other amendment offered by the Senator from scientious and sincere in their efforts. · members of the committee, and we have Ohio to the committee substitute as We have presented the whole problem no objection to accepting the Senator's amended will be stated. to the Senate and to the people, giving amendment. The LEGISLATIVE CLERK. On page 9, them what we thought was our best The PRESIDING OFFICER. The beginning with line 9, it is proposed to judgment, based upon experience. question is on agreeing to the amend strike out through line 4 on page 10. I suggest that it might be a better plan · ment offered by the· Senator from Mich On page 22, it is proposed to strike out if the Senate were to vote upon the ques igan [Mr. FERGUSON] to the committee lines 9 to 14, inclusive, and insert in lieu tion whether or not Senators wish to substitute as amended. thereof the following: place in the bill a provision directing the The amendment to the amendment (a) (1) Titles I, III, VI, and VII of this President that, should he freeze prices was agreed to. act, and all authority conferred ther~under, on agricultural products, he could not Mr. CAPEHART. Mr. President~ I shall terminate at the close of June 30, 1955. freeze them below parity. offer an amendment, on page 11 of the Mr. WATKINS. I think that ought committee substitute as amended, to On page 23, beginning with line 7, it is to be done, because such a provision strike out lines 5 through 6, inclusive. proposed to strike out through line 2 on would take the pressure off the Presi page 27. This amendment has been discussed Mr. BRICKER. Mr. President, this dent, and would put the policymaking with other members of tbe committee. power in the hands of Congress, where amendment would strike out title VIII of As we wrote the bill, section 104 of the the controls bill as reported by the com it should be. I think that is what should Defense Production Act of 1950, relating be done. to the control of imports of fats and oils, mittee and as now amended. Title VIII, Mr. CAPEHART. I call attention to was to be repealed when the bill became of course, is the so-called freeze section the fact that if we do that, engineers, law. I do not think we intended to do of the bill. As amended in the commit barbers, beauticians, those of every other that. What we intended to do was to tee and on the ft.oor, it is no longer a calling will come before Congress seek permit it to expire on June 30. I am freeze bill, but is in the position where it ing exactly. the same treatment. When sure there is no objection to this is about to be placed on the statute books they achieve that objective, we will end as an unenforceable law. The President amendment. cannot exercise the authority granted up with a detailed bill. I am certain The PRESIDING OFFICER. The that there is proper protection in the until such time as the Congress adopts amendment offered by the Senator from a: concurrent joint resolution authoriz language of the bill, because I am sure Indiana will be stated. the President would not, under any cir ing him to do so, or enacts a joint resolu-· cumstances, freeze farm prices. below The LEGISLATIVE CLERK. On page 11, tion declaring war. parity, when he is required and man after line 4, in the committee substitute, Of course, Congress could pass title dated under the law to maintain parity. it .is proposed to strike out: VIII as it is now written just· as quickly I simply cannot conceive of any Presi SEC. 4. Section 104 of the Defense Produc as it could pass a resolution authorizing dent not having that much common. tion Act of 1950, as amended, is hereby . the President to put it into effect. It horsesense. At least, he would have good repealed. could likewise pass such a resolution just business sense, and good business sense The PRESIDING OFFICER. The as rapidly as it could declare war. So the would. dictate that he could not freeze qu~stion is on agreeing to the. amend title as it is now amended is practically prices below parity when the law man ment offered by .the Senator from In meaningless. It is a gesture. It is an dates that he maintain prices at parity. diana to the committee substitute as assumption of something which does not I do not see how he could possibly act amended. exist. It is not a freeze. It is not a con contrary to the law. That is why we The amendment to the amendment trol. It is not an authorization to the should give the right to the President was agreed to. President, and it is not an act of the Con- 1953 CONGRESSIONAL RECORD~ SENATE 5095 gress putting into effect any freeze or agency is constantly at work on this those codes were explicit. There is no any regulation of prices or wages. problem, planning and arranging to meet such prescription in the pending meas Let us look at it in the light of our the crisis when and if it comes. That ure. It represents absolutely an uncon past experience. In the beginning the is the responsibility of the administra trolled defegation of power to .the Presi .Proponents of this provision seemed to tion at the present time. This bill does dent, and is an abdication of power on think that if the Congress were to pass not in any way add to or change that the part of Congress to meet a situa a freeze bill everything would be accom responsibility or relationship. tion when it arises. We are saying to plished, prices would stop ristng, and Something has been said to the effect the President in effect, ''This is your everyone would comply. The truth is that those who have confide:ace in the responsibility." that such a freeze bill would imme President will support title VIII and We are the policymaking body, yet diately close down all trading and throw those who do not have confidence in the we refuse to take the responsibility, and· our entire economy into utter chaos. As President will oppose it. That is not an are trying to shift it to someone else, in the majority leader [Mr. TAFT] stated issue in connection With the bill, in any violation of the Constitution and of the a moment ago, such a law would freeze way, shape, or form. I have confidence principle of separation of powers, which a great many inequities into our econ in the President. He has not asked for have been so effective up to this time. omy for the duration of the freeze, as this authority. I have confidence that Many other cases ·could be cited, but suming that the law could be enforced. the principles of the Constitution are I wish to bring this matter to the at But unless we are in war, or unless there abiding principles in our jurisprudence. tention of the Senate because it is our is a great surge of patriotism, or unless We have taken an oath to abide by the primary responsibility, if we believe an there is a fundamental reason and cause Constitution of the United States. Like act to be unconstitutional, to vote against beyond the declaration of an emergency wise, I have confidence in the ability of it when it comes to the :floor of the by the President of the United States the Congress, when a crisis arises, to Senate. the American people will not comply meet it. I do· not believe in anticipating Mr. President, how much time have with a rule, regulation, or mandate from things. That is not the intent and pur I remaining? Washington without proper enforce pose of the system of checks and bal The PRESIDING OFFICER (Mr. BusH ment machinery. ances. It is not the responsibility of in the chair). The Senator from Ohio Such a law would require more en Congress to try to guess what will hap has 20 minutes remaining. forcement agents than we have ever had pen in the years ahead. I know that in Mr. BRICKER. I yield 10 minutes to in the history of the country. It would recent years there has been an attitude the Senator from Utah [Mr. BENNETT]. require· police in every community of on the part of Congress-and perhaps .Mr. MORSE. Mr. President, will the the United States. In fact, I think we also the courts-indicating a tendency Senator yield to me for a question? would pretty nearly hav~ to call home to waver from the constitutional con Mr. BRICKER. Yes; I first yield to the Army in order to enforce a freeze cepts as they have been established. the Senator from Ore,gon. on the economy of the people of the Mr. President, the constitutional ques Mr. MORSE. Mr. President, I have United States, unless there were an un tion has not.been raised in regard to this . listened to the Senator from Ohio with derlying sentiment supporting it, which point. It seems to me that the Senate careful interest. The one unanswered there is not at the present time, and has passed it over without giving ade question in my mind with respect to the which there will not be unless a dire quate consideration to it. Each one of constitutional point is this: In view of emergency is recognized by the Congress, us has the responsibility, as have our the adoption of the Byrd amendment, and the country is practically in an all courts, in the first instance, to pass upon which the Senator from Ohio and I sup out war. So in the first place this pro the question of whether a measure is ported earlier today, is it not true that vision would be unenforceable. It would constitutional. I admit there has been we have p:rovided in the bill a congres raise many problems, legal and other a change in attitude of the courts of the sional check on the discretionary power wise, which would be.absolutely unneces country within the past few years toward of the President, in that the President sary and uncalled for. It would create v.. hat is and what is not constitutional. will have to submit to Congress any pro confusion and be an encumbrance upon We note that three judges of the su posal which he may have for the impo the administration of the law. preme Court in the steel seizure case sition of restrictions on wages, prices, I have stated that at this time the varied widely with respect to what have and credit, before he may put it into American people are opposed to wage been constitutional concepts of·our jur effect? Does not the Byrd amendment and price controls. That was perfectly isprudence, and in the interpretation of in and of itself supply us with the con apparent last fall in the campaign. It constitutional principles. stitutional check which we need upon ·was one of the underlying causes for However, let me refer to. a case which Presidential power? the tremendous support given to the Re the Supreme Court decided a few years Mr. BRICKER. My understanding of publican candidate for President. He ago, in 1935. It is the case which is the Byrd amendment is not that it gives appreciates that fully. When this sub remembered popularly as the "sick Congress power to check on the pre ject was under consideration in the com chicken" case, the Schechter case. I scribed rules and regulations put into mittee, the President sent word to the wish to read from the opinion of the effect by the President, but provides only committee through administration wit Supreme Court, as follows: that the President cannot put such rules nesses that he did not desire this au To summarize and conclude upon this and regulations into effect until Con thority, that he did not ask for it, but point: Section 3 of the Recovery Act is with gress, by joint resolution or concurrent that if the bill were passed, he would · out precedent. It supplies no standards for resolution, brings the law into being. not veto it. That is consistent with his any trade, industry, or activity. It does not Mr. MORSE. Is not that, in fact, principle that the Congress is the pql undertake to prescribe rules of conduct to however, the check on the imposition icymaking body, and that if it enacts be applied to particular states of fact deter mined by appropriate administrative pro of any restrictions by the President re a law as a matter of principle he should cedure. Instead of prescribing rules of con garding which the Senator from ·Ohio not veto it in the absence of very funda- duct, it authorizes the making of codes to and the Senator from Oregon are in mental reasons. · prescribe them. For that legislative under complete agreement? So far as the It has been said that machinery ought taking, section 3 sets up no standards, aside Presidential powers are concerned, and to be set up so that we shall be ready from the statement of the general aims of so far as· he can take action, we have a when the time comes to put into effect a rehabilitation, correction and expansion de check on the discretionary power of the control law. This provision would not scribed in section 1. In view of the scope President. That is what I believe to be of that broad declaration, and of the nature do it. The bill does not set up the ma of the few restrictions that are imposed, the very important; as I have stated so many chinery for studying the price and wage discretion of the President in approving or times, in line with the Corwin theory. situation. We shall be no more ready prescribing codes, and thus enacting laws for In fact, it is the Corwin theory. when Congress reconvenes than we are the government of trade and industry Mr. BRICKER. Any check which th• at the present time, and certainly not throughout the country,, is virtually unfet Byrd amendment gives to Congress is as as ready as we shall. be when these eco tered. We think that the code-making au to the date and the time when the law nomic problems are really before us. thority thus conferred is an unconstitu shall become effective. I am speaking · The testimony of Mr. Flemming, act tional delegation of legislative power. of a constitutional principle, namely, ing director of the Office of Defense Mo Yet, the rules and regulations and whether the bill as drafted is constitu bilization, was to the effect that that prescriptions for putting into effect tional under the decision of the Supreme 5096 CONGRESSIONAL .:RECORD- SENATE May 19 court in the Schechter case, because of tained in the bill to freeze the rental of pleased to set them. On that basis, ·Mr. its indefiniteness and because of the ex- equipment. President, ·I do not think thiS measure treme grant of power to the President to I am in the automobile business. A is truly a freeze. determine policy. · pattern is developing in the retail auto- Mr. CAPEHART. Mr. President, will Mr. MORSE. Of course, I do not wish mobile business to rent automobiles in- the Senator from Utah yield to me? to take the Senator's time, and I am stead of selling them. Under the provi- Mr. BENNETT. I am glad to yield to still making up my mind on that point, sions of the pending bill, as I read them, the Senator from Indiana. but for the purpose of further discu.s- the President could not prevent the Mr. CAPEHART. The · Senator ·from sion, as of this moment, in my judgment, rental of automobiles at any price a Utah has said the President could set the the Byrd amendment answers the con- · dealer wished to charge. levels at any point he might wish to set stitutional problem so far as checking Mr. CAPEHART. Mr. President, will them. Certainly, the Senator from the arbitrary power of the President is the Senator yield? Utah must know that is not accurate. concerned. Mr. BENNETT. I yield. The price determined upon by the Pres- Mr. BRICKER. It is effective only as Mr. CAPEHART. Why does not the ident must correspond with the price to the date. It does not affect the prin- able Senator from Utah offer an amend- during the representative period for 30 ciple. ment to provide what he has in mind in- days before the freeze. Mr. BENNETT. Mr. President, as I stead of complaining about it? Mr. BENNE'J'T. Very well. The Pres- begin my presentation, I may remind Mr. BENNETT. The Senator from ident could set the price at such a point; the Senator from Oregon that the Byrd Utah is opposed to the whole freeze prin- but on the next day, under the provi amendment is in two parts. The first ciple and he is pointing out weaknesses sions of the bill, the President could part refers to a declaration of war, and in the pending measure, not trying to provide exemptions from suspensions the second part relates to a concurrent correct them. of or adjustments to the ceilings. On resolution adopted by Congress. That Of course, the exception does not der the words "adjustments to," I think is how I understand the Byrd amend- mean anything, because when we turn it is fair to say the President could set ment. The requirement that Congress to section 801 (b) we find that the Pres- the price at any level he pleased, regard must concur is involved only in case ident has unlimited powers to make ex- less of the price he set on the day of where there is no declaration of war, emptions from, suspensions of, or ad- the freeze. but if a war is declared the power is justments to ceilings. Mr. BRICKER. Mr. President, will transferred automatically to the Presi- Therefore whatever he freezes on page the Senator from Utah yield to me? . dent. The important word is "or." The 23 he has the power to unfreeze on page Mr. BENNETT. I am glad to yield to word is not "and." The provision reads: 24. He can maintain -price ceilings on the Senator from Ohio. ''Whenever the United States has de- commodities and exempt all wages from Mr. BRICKER. Certainly if the Pres.. · clared war against a foreign nation, or ceilings, and he can maintain price ceil- ident is limited in placing the order in whenever the Congress, by concurrent ings on some commodities and exempt the first place, there is no limit upon resolution." . all others. To justify the use of the his authority under· subsection (b), in Mr. MORSE. Mr. President, on the selective power all he has to do is to respect to the makilig of exemptions. question of a declaration of war, of show that the maintenance of such ceil.. Mr. BENNETT. Undoubtedly, that is course, we get into many other fields with ings would be impracticable "in order so. The President would have complete respect to the constitutional powers of to effectuate the purposes of this title." power to make any exemptions he might the President, as, for example, what I am sure that there is not a business- wish to make, on the basis of his own powers the President exercises as Com- man in the United States who could not determination, regardless of the careful man.der in Chief. There we enter an make a pretty good case that it would be language which was included in order to entirely different field, which I could not impracticable to impose ceilings on his limit him to the prices existing 30 days possibly discuss in the short time now line of merchandise. before the freeze went into effect. available. However, I am satisfied that Also, at the bottom of page 23 and at Mr. President, if this measure had been the Byrd amendment solves the major the top of. page 24 we find spelled out the written as an airtight freeze, so there problem which confronts us insofar as basis on which the President should set could be no adjustments, no exemptions, preventing the President from exercising the ceilings. and no suspensions, it might command arbitrary power without an adequate Of course under subsection (b) of sec.. more respect. However, in my opinion congres~iona~ check. Therefore, I feel tion 801, ag~in the President would have this measure is merely a broad transfer that this Bncker amendment goes too complete power to make any changes in of power and a broad transfer of trouble far. It is, in fact, a proposal to destroy ceilings he wished to make. Although to the President of the United States. the bill itself. under subsection (a) of section 801 it is I hope my colleagues will join me in Mr. BENNE'fl'. Mr. President, my suggested that the President would be supporting the amendment of the Sen.. objection to title VIII rests on the prin- limited to the prices which existed with- ator from Ohio to strike out title VIII. ciple that it is presented to the Senate in the 30 days preceding the setting of Mr. BRICKER: Mr._ President, how as a freeze. I am sure that many of my the ceiling, under subsection (b) of sec.. much time remains to our side? colleagues believe that if the title were in tion 801 the President would not be lim- The PRESIDING OFFICER North Carolina [Mr. SMITH] would ceed immediately in case such an emer- business units. I am interested in hous~- vote "nay." · gency occurs. wives. I am interested in soldiers. I The result was announced-yeas 26, There is not a Senator who will not am interested in everyone. . nays 61, as follows: admit that if we got into world war III, We Republicans who have the respon- YEAS-26· into a big, all-out war, in which· the sibility have everything to gain and · Bennett Ellender McCarthy Government would take the great per- nothing to lose by reach~ng a decision Bricker Ferguson Millikin centage of many strategic and critical now, and estabiishing a small organiz~- Bridges Goldwater Potter Schoeppel materials, we would have to have price, · tion to cope with an emergency if and . ~~:f:~~Md. ~~~~~~looper Taft wage, and rent controls. Senators know when it arises. Then we can get down cordon Knowland Watkins that such controls would be necessary. on our knees every night and pray that · Dirksen Kuchel Welker We know we would have to have them. · the emergency will never arise. If it ~~~f:~~k :~~~: Williams We know there is that possibility. If never occurs, nothing will ever happen there is not that possibility, then let us under the term-s of the bill. If some · NAYS-61 quit kidding the American people by tax- great cri~is arises, we shall know what . ~:~!son ~endrlckson ~~~eoney . ing them to death and sending the~r boys · to do and when to do it. · Barrett Hflx;nings · Mundt all around the world and preparing for I was hopeful that we would be able Bean Hoey Neely war. We are wrong on either one point to say to the American people that we Bush Holland ·- ' Pastore or the other. who are operating the Government and· ~~~~hart ~~:phrey {:~~e~l Why is there a desire anywhere to have the responsibility at the moment case Ives Robertson leave unsettled the matter of price and would not do what the opposition did ghavez Jackson ~~!~~!;:n rent controls, inflation, if you please? during the last three wars. They sat D~~!f ~~~~:~~: ~~i~· Smith, Maine Why should we not be anxious to pro- around and fiddled until inflation got Douglas Johnston, s. c. ·smith, N.J. teet the American people in case of an . away from them and prices went up and Duff Kefauver Sparkman · inflationary spiral? Why not protect up. I was hopeful that we could say ::~~ers ~:~:e~dy ~;:::;~on 160 million Americans? Why not pre- to the American people that we know Fulbright Lehman Thye pare now - for an emergency? Why how to handle these problems, that we George Long Tobey should we not set up some kind of or- · intend to control the situation from the g~~!!te :agnuson ~ney . ganization, when we know that if ~n very first hour of the national emer- - Griswold · M:~~~~~ oung emergency strikes, we shall have to have gency, and that we will not allow prices Hayden McClellan some such an instrument? • to go up and up and up, resulting in NOT VOTING-9 I do not particularly blame Senators . additional expense of many billions of _ Butler, Nebr. Kerr Murray on the other side of the aisle. They dollars to the American taxpayer b~- Clements Kilgore Russell had the responsibility of running the cause of purchases made by the Goverp- · Gore · Mccarran -Smith, N.c. Government for 20 years. We have that ment. .So Mr. BRICKER's amendment to the responsibility today. It is tbe responsi- I had hoped that we could say to the committee substitute as amended, was bility of President Eisenhower and of American people that we intend to bene- rejected. ' the Republicans of both Houses of Con- fit from the mistakes and the experience Mr BRICKER Mr President I call gress. It is not the ~esponsibilit? of in World War I, World War II, and the . up m~ amendme~t 5-i3-53-B. ' · Senators 01_1 the other side of the aisle. ~orea~ war, and that we will do this The PRESIDING OFFICER. The . ~r. President, I say ~h.a~ we are not JOb as It ought to be done. I cannot un- • clerk will ·state the amendment. livmg ~P _to our responsib_Illty. I say yve dersta_nd how anyone can be opposed to The CHIEF CLERK. On page 24, it is are stickmg our heads 1~t? the sand. plannmg for the future. I cannot un- proposed to strike out lines 11 through Some Senators are not Willmg even to derstand why we hesitate to give certain 19 inclus·ve admit that the country is at war in necessary powers to the President of the · M' B~IC.KER M p · d t th Korea. They are not willing even to United states. · r. · r. _resi en • .e admit that an emergency exists today. The PRESIDING OFFICER. The . effect of the a~end~ent Is to make It When we are at war, as we have been time of the Senator has expired. All a. real freeze bill, not a standby-contra~ at war for almost 3 years; when we have time has expired. bill. Paragraph (b), on page 24, reads. lost 140,000 men in casualties; when we The question is on agreeing to the (b) The President :may provide exemp· are spending between $50 and $60 bil- amendme.nt offered by the ·senator from tions from, suspensions of, or adjustments -to, ceilings in the case of any materials or lion we are at war. Why does anyone Ohio [Mr. BRICKER] to the committee services or transactions therein, or types of attempt to deny.that fact? Why should substitute as amended. · employment, or housing accommqdations of anyone tell us that we are· not at war? Mr. BRICKER. I ask for the yeas any class or in any area, if he finds that Why do we refuse to handle this end and nays. ( 1) such exemption, suspension, or adjust- of our economy? Why do we act as we The yeas and nays were ordered, and ment is necessary for national def~nse, ·or are acting? the legislative clerk called the roll. (2) the imposition or maintenance of such I am discussing the problem only. be- Mr. SALTONSTALL. I announce that ceilings would be impracticable or \lnneces- cause, as chairman of the Committee the Senator from Nebraska [Mr. BUTLER] · sary in order to ·effectuate the purposes. o! on Banking an,d Currency, which han- is necessarily absent. this title. dies legislation like that now proposed, Mr. JOHNSON of Texas. I announce Mr. President, the bill was sold to the I feel it is my responsibility to do so. that the Senator from Kentucky [¥r. committee, and, insofar· as it has been I feel it is my duty to can · it to the CLEMENTS] is absent by leave of the Sen- sold to Congress, on the basis that · it attention of my own party, to the atten- ate on official business. was a freeze bill which would hold the tion of the Senate, of Congress, and of · The Senator from Tennessee [Mr. status quo if war should come or if' a the American people. I will not hide GoRE], the Senator from Oklahoma [1\.ir. dire emergency should strike this coun my head in the sand. I will not stand' KERR]. the Senator from West Virginia' try. on the floor of the Senate and take the [Mr. KILGORE], the Senator from Georgia It was not contended in any wu.y, position that we are not at war today ·_ [Mr~ RussELL], · and · the Senator from· shape, or form that the President is more when we are. North Carolina [Mr. SMITH] are absent· qualified to pass upon exemptions 'or The able majority leader [Mr. TAFT] . on official business. setup price controls than is the Congress. said today that we who are advocating The Senator from Nevada [Mr. Me-· No organization is created by the bill this measure are Socialists, leaving the eARRAN] and the Senator from Montana· to give the President the machinery with· 1953 CONGRESSIONAL RECORD- SENATE 5101 which to carry out either the original tio.ns, rules, and regulations for the con In other words, would not the Presi purpose of the bill, which is a freeze, trol of the entire economy of the United dent's problem be very much simplified or to determine whether exemptions or States-prices, wages, and everything if the amendment proposed by the Sen qualifications or restrictions are essen else concerned-from the manufacturer, ator from Ohio were adopted? In that tial or necessary, or how they shall be clear down to the consumer. e:vent, the Presidenf would not use this given force and effect. Under the bill we would not give to the · power, except under the gravest circum· No organization, power, or appropria President any instrumentality by which stances. So would it not simplify the tion is provided to carry out the purpose he could proceed t.,o act; we would not· President's responsibility, if the amend of the bill. give him any employees to put such an ment of the Senator from Ohio were Mr. President, we sat for many weeks arrangement into effect. We would not adopted? . tn the Committee on Banking and Cur provide any machinery by whioh the Mr. BRICKER. There is no question rency, listening to group from agricul- President could exercise that vast pow of that . . ture. We considered the amendment er:-the greatest over our economy ever Mr. BUSH. Would not the Senator offered by the Senator from North Da given to a President of our country in from Ohio agree that adoption of his kota [Mr. YoUNG], which was adopted, time of peace or in time of war. amendment would save the President under which amendment the power of So, Mr. President, if we intend to make from tremendous embarrassment within the President, even under the term of the bill mean what it was intended to the 90-day period? the pending bill, over the prices of live mean from the beginning, in connection Mr. BRICKER. Yes. If the Presi stock and agricultural products would with what Mr. Baruch testified before dent were to be given this extraordinary be restricted in relation to parity prices. our committee that we need, and what I power, certainly he should not be con We listened to the farmers, to tpe cattle voted some 4 years ago to put into effect, fused and harassed by having to make growers, to the cattle buyers, and to the until Congress can determine the kind qualifications regarding the exercise of cattle sellers for . many weeks, as to of controls that should be had, then we the power. whether there should be a rollback, must strike out subsection (b) of section Mr. BUSH. The Senator from Ohio whether they should be exempted, and 801 of title VIII, which gives the Presi believes there should be no exemptions, whether the parity price ceiling should dent unlimited power to impose rules does he? be taken off. and regulations and to modify the freeze Mr. BRICKER. There should be no We listened to the barbers and to the at any time he wishes within the 90 days. exemptions or exceptions of any kind beauticians, to the retail ·grocers on the Under that subsection the President can or character. If exemptions are to be Herlong amendment, and to the manu make any exemptions he desires to make made, it is the duty of the Congress to facturers on the Capehart amendment to or can impose any kind of rules and reg establish the policy in the case of such the original act. It took us many weeks ulations he may wish to impose. exemptions. to determine whether the bill could be As I said at the beginning, with such Mr. FLANDERS. Mr. President- practically applied and honestly and control, administration, regulation, and Mr. GOLDWATER. Mr. President- fairly administered as between various power exercised over the American peo Mr. BRICKER. Mr. President, I yield groups in our economy. ple, it would take more public employees 5 minutes to the Senator from Vermont We spent many weeks considering reg than we have at the present time for the [Mr. FLANDERS], and then I shall yield ulation X and regulation W. We lis national and local governments, and also 5 minutes to the Senator from Arizona tended to the automobile dealers, and including the membership of the Armed [Mr. GOLDWATER]. we listened to merchants who had radios Forces, in order to provide the neces·sary The PRESIDING OFFICER r their produc- country. But if the defense needs of need not be placed under· price control, tion is created, or such materials are the country should consume 50, 60, 70, and that no attention need- be paid to imported from -abroad. · Conversely, · i.f - or 80 percent of a commodity in scarce . 1953 CONGR.F;SSIONAL _ RECORD~ SENATE 5103 supply-and I &uggest copper as an ex unless the President :flnds that such material The PRESIDING OFFICER. The ample-it will leave only a very small· is a scarce critical material essential to the question now is on the amendment of national defense; that the requirements of fered by the Senator from Ohio [Mr. amount of copper for civilian produc national defense- tion . . If that happens, and it can very BRICKER] to the committee amendment~ easily happen, and it has happened, as And so forth. as modified. The Senator from Arizona a matter of fact, at times in the past, Mr. President, I have no obJection to still has the floor. the large manufacturer, the large cc;m re'quiring the President to find that a Mr. GOLDWATER. May I ask the sume.r of raw materials, is always going material -is a scarce material. I applaud distinguished Senator from Ohio if I to have a tremendous advantage over the that, but I do not. want to join a scarce may have 3 or 4 minutes. small producer of civilian goods. material with an article needed exclu Mr. BRICKER. Mr. President, how The great companies which manufac sively in the manufacture of defense much time do we have left? ture automobiles, television sets, or material. The PRESIDING OFFICER. The household appliances are not very much I am convinced that the changing of Senator from Ohio has 16 minutes on his worried al:)out whether they pay 30 cents "or" to "and" would seriously affect and amendment. for their copper or 50 cents. The in jeopardize the interest of the small pro Mr. BRICKER. I yield 5 minute's crease on the small quantity they use in ducer of civilian goods. That person has more to the Senator from Arizona, and relation to the price of the product they at least an equal right to protection as then r shall yield to the Senator from sell is so negligible that ordinarily it have the great companies manufactur Utah [Mr. BENNETT]. would not raise the cost of a particular ing automobiles, household appliances, Mr. GOLDWATER. Mr. President, article by more than a fraction of 1 per and articles of a similar nature. before I yielded to the Senator from cent. But the small manufacturer of Therefore I urge that the amendment Michigan I was discussing the impossi civilian goods, the man who produces offered by the Senator from Michigan be bility of price, wage, ana rent controls typesetting machinery, small electrical not agreed to. working when we allow any flexibility appliances, cable, and things of that The PRESIDING OFFICER. The or allow any individual or any bureau sort, of course must have even the small question is on agreeing to the amend the right to determine the flexibility and supply ·that he needs in order to carry ment of the Senator from Michigan. to whom it shall apply. on his production. Otherwise he is go- · Mr. FERGUSON. Mr. President, just Mr. President, because this will prob· · ing to be frozen out, because the large one more word. .This amendment will ably be the la~t opportunity to discuss manufacturer, who does not care not harm small business. I think the this question, I should like to answer the whether the price of copper is 30, 35, 40, way in which the provision is now stated charge which has been made against the or even 45 or 50 cents· a pound, can buy borders on absurdity. There should be Republican Party, that we have not ac the small remaining supply at the ex more than simply the word "scarce" in cepted our responsibility in this instance. pense of the small maimfacturer. order to meet the definition. I believe I should like to invite the Senate's at- ' In the hearing before the Committee the amendment meets another require tention to the fact that the Republican on Banking and Currency, I interro ment which I think is necessary, namely, Party campaigned last fall and in that gated Secretary McKay, and I read the "that the requirements of the national campaign one of the issues was that of testimony: defense for such material cannot other getting the Federal Government off the Senator LEHMAN. What I had in mind is · wise · be met without creating a signifi neck of American business. I think the this. I feel that if full mobilization or a cant dislocation of the normal distribu vote on November 4 showed that ·the similar emergency arises, the larger per tion of such material in the civilian American people were heartily in accord centage of the productive capacity of this market to such a degree as to create with the provision of our platform and country would be employed in defense ac appreciable hardship." the part of our argument which called t ivities, leaving a lesser amount for civilians. What is wrong about that, rather than for that result. The share that was left for civilian use would the mere expression of a scarcity? be proportionally cut down. I have heard charges made today that It is my feeling that if you are con The PRESIDING OFFICER. · The the minority group of the committee fronted with that situation, you have got to question is on agreeing to the amend have their heads placed in the economic allocate generally the defense production. ment offered by the Senator from sand. As I have traveled over the coun Otherwise, you are going to have a mad Michigan. try and listened to businessmen, I have scramble, and the little fellow, producing Mr. CAPEHART. Mr. President, I rather imagined, as I said in the com civilian goods, is likely to &,u.tler very se yield 2 minutes to the Senator from Con mittee, that perhaps the sand from the verely. necticut [Mr. BusHJ. bleak desert of Federal control of our I was wondering how you felt about that. The PRESIDING' OFFICER. The Sen Secretary McKAY. I feel that is true, Sena free economy is getting into the eyes of tor. However, at the present moment I ator from Connecticut is recognized for some members·of the committee and into think we are in pretty good balance, and I 2 minutes. . the eyes of too many American business • do not want to anticipate any difficulty. Mr. BUSH. Mr. President, as a mem men. I refer to the bleak desert on which ber of the committee who voted in favor we have lived for the past 20 years, dur The PRESIDING . OFFICER. The of reporting the bill, I was opposed to ing which time the economy of the Na time of the Senator from New York has having the word ~·or" in the section of tion has been throttled at every turn a.nd expired. the bill which we have been discussing, with whfch th~ Republican Party said it Mr. LEHMAN. Mr. President, will and I agree with the Senator from would do away. That is the desert whose the Senator from Indiana yield 2 more Michigan that the word should be sands now seem to be resting· uncomfort minutes to me? changed to "and." I also agree that ably in the eyes of too many Americans. Mr. CAPEHART. I yield. there is no threat to small business or I repeat, Mr. President, we cannot Mr. LEHMAN. Mr. President, I con· to anyone .else by reason of the amend· tamper with the free economy of this tinue reading from the hearing: ment. I think it makes the require Nation forever. We have done it far too Senator LEHMAN. I realize that today we ment a little more severe, and, there long, and it is time that the Republican are pretty closely in balance, but I am con fore, that the amendment should be Party assumed its responsibility andre cerned about any emergency that may arise, adopted. moved completely from the necks of which would vert s.eriously disturb that bal ance, and the situation in regard to civilian The PRESIDING -OFFICER. 'Ihe American businessmen the unhealthy production might be serious. question is on agreeing to the amend burden of.Federal interference. That is why I agree with your statement ment offered by the Senator from Michi In 1924 the now deceased Josef Stalin that you feel the continuation of full au gan [Mr. FER.GtrsoNr to the committee said that the ·. way to defeat the free thority to grant priorities and make mate:.· substitute as amended. world was to defeat the economic system rials allocations should be continued. The amendment to the amendment which provided its strength. Mr. Presi I assume you mean that it should be ex was agreed.to. dent, if we are to continue to pursue the tended for civilian users, as well as pro ducers of defense material. Mr. GOLDWATER. Mr. President, a idea that we can meddle with our free Secretary McKAY. My position is based on parliamentary inquiry. economy, I care not whether the med Mr. Flemming's proposal b.efore the commit · The PRESIDING OFFICER. The dling comes from the other side of the · tee. I should like tq quote it for the record: Senator will state it. · aisle or froni this side of the aisle we "The powers granted in :;;ectiQn 101 shall Mr. GOLDWATER. Am I correct in . are playing into the hands of that dead not be used to control the general distribu- . assuming that I still have the floor? I pirate now gone to the resting place tion of any material in a civilian market. yielded to the Senator from Michigan. which he so long ago deserved. I hate to 5104 CONGRESSIONAL -RECORD- SENATE May 19 think that he is sitting in that hell of his at least the right to have.a change made tee has spent a great amount of time and laughing at the American Congress from the ceiling price to a representative and consideration, and rejected by a vote for even thinking of passing such a bill price within the preceding 30 days. That of 12 to 3. In other words, there is no as the one which is now pending, pro is an obvious conclusion to be drawn question that the able ' Senator. from viding for something which ancient his from the language of the bill. However, Utah and the able Senator from Arizona, tory and modern history have shown -will it will not take such persons very Ion~ who have favored striking out section not work. to realize that the President has full (b), are opposed to any kind of price, Mr. President, I should like to read power under the bill to set the ceiling wage, or rent control, and now they want from the minority views which express at any point, and those who have no to knock out this provision. my feeling wholeheartedly: hope of getting out from under the ceil Let us ·not fool ourselves. This. is a With a majority of our fellow citizens, we ings completely will attempt to put pres part of a plan possibly to kill the whole believe this administration has committed sure on the President to have their ceil bill, as I see it. We have already, by itself to strike from the American citizen ings set at a more advantageous level. action of the Senate this afternoon, ex the shackles of 20 years of a bureaucratically . - I am concerned about the possible im empted agricultural products, at least dominated economy. We believe in the vital plications of the statement that the pro up to the point of parity. I understand ity and-efficiency of American free enterprise and are anxious to pay more than lip service visions of the bill will go into effect only an amendment will be offered a little to this concept. During this period, when in time of dire emergency. That would later to exempt newspapers. even the proponents of title VIII admit direct be the time when the President, as Com Mr. BRICKER. Mr. President, will controls are not necessary, we are in favor mander in Chief of the Armed Forces the Senator yield? of affording free enterprise an opportunity and as head of State, undoubtedly would Mr. CAPEHART. I yield. to function unbu:rdened by the heavy hand · be completely engrossed with the emer Mr. BRICKER. I am sure the Senator of ever-present threats of Government con gency problems of defense and problems from Indiana will admit that what he trol. of the use of the military forces. In has stated does not reflect the position Mr. President, for that reason, and for that time of need he would have to stop of the Senator from Ohio, the author the reasons which I have previously and face the problem of requests for of the amendment, because in 1950, stated, I shall vote, and shall urge my exemptions, adjustments, and suspen when we were considering a control bill, colleagues to vote, for the pending sions. - I voted with the Senator. We .were the Bricker amendment. · If the amendment is·agreed to, I hope only two on the committee who voted · Mt. BRICKER. I yield 5 minute~ to that I may then suggest to the senior for a freeze bill. I then voted, in con- the Senator from Utah [Mr. BENNETT]. Senator from Indiana that we return to - nection with the extension of controls Mr. President, a parliamentary in section 801 and correct the language so on wages and prices, against giving pow quiry. that what is provided may be truly an er to the President to make exceptions, The PRESIDING OFFICER. The overall freeze, which will apply to every exemptions, and regulations, such as Senator will state it. price and every person, and eliminate are proposed in paragraph (b). So cer Mr. BRICKER. Would it be in order the loophole exempting rents other than tainly I have been consistent all the way at this time to ask for the yeas and rents on housing. That is another mat through in this·matter. · nays? . · - - ter which I must approach after this Mr. CAPEHART. I do not wish to The PRESIDING OFFICER. It would amendment is disposed of. leave the impression that anyone has be in order. I hope the other Members of the Sen not been consistent or is insincere in the Mr. BRICKER. I join with the Sen ate will realize that if paragraph (b) position he takes. ator from Connecticut [Mr. BusH] and stays in the bill, not only will it be a Let me state why I think we ought to request the yeas and nays on the ap freeze, but it will offer .a tremendous leave this paragraph in the bill. As I proaching vote on my amendment. temptation to many forces in America view the whole matter, I hope the Presi The yeas and nays were ordered. to begin immediately to use whatever dent of the United States, the Secretary The PRESIDING OFFICER. The power they can exert to put pressure on of Commerce, the Office of Defense Senator from Ohio yields 5 minutes to the President to grant favors, exemp Mobilization, the National Security the Senator from Utah, and the Senator tions, suspensions, or adjustments to Board, and other agencies of the Gov from Utah is recognized. · them. For that reason, if the bill is to ernment which have some authority Mr. BENNETT. Mr. President, I wish be passed finally, I hope it will be with and I am sure they have sufficient to return to paragraph (b), section 801, oqt paragraph (b) of section 801. staffs-will immediately proceed, if. this and to point out again that it grants Mr. CAPEHART. Mr. President, no bill shall be passed, to study what the power not only to exempt whole areas one has greater respect than I have for President ought to do if a grave emer of our economy from the freeze, but, as the able junior Senator from Ohio [Mr. gency should occur; that they will write I understand, if the freeze is imposed BRICKER], the able junior ·senator from certain proposed legislation; that they it can be taken off 5 minutes later by Utah [Mr. BENNETT], and the able junior will make certain rules and regulations • the President. It also permits the Presi Senator from Arizona [Mr. GoLDWATER]. in conjunction with the advice of repre~ dent to set price ceilings at any point I hope that nothing I have said here to sentatives of busines~ and that they will he pleases. day, or ever may say, will in any way prepare themselves and be ready to put It seems to me that if we leave para offend them, because I do not intend to into effect the so-called 90-day freeze. graph (b) in· the bill, one of the things do so. We have disagreements on some I also hope they will be prepared to we will be doing will be automatically of these matters at the moment. come before Congress at that time with to create tremendous pressure on th,e I merely wish to say that the full com..; proposed detailed legislation, and be able President. In the first place, as soon mittee, after weeks of testil}lony and to say to Congress, "Here is exactly how as the bill is signed, all of the factors hearings, reported title VIII containing we think the matter ought to be handled. of our economy that were given ex the provision which the able junior Sen We would like to have the committees emption under OPS and OPA will imme ator from Ohio now proposes to elim- of Congress hold hearings and look into diately settle down on the President and inate. · the situation, and then pass the kind begin to put pressure on him to recover I wish to say, in all good humor, that of legislation we suggest." some privileged position they had under it is most interesting to me that those In order to work up to that point, there the previous legislation. who talk the most about knocking out must be some flexibility, and I believe Naturally they will be joined by an section · (b) are the ones who are 100 there ought to be some exemptions. If other group of citizens who will feel percent opposed to any kind of price, a grave emergency should occur next that they have the right or power to rent, or wage control. I believe I can October. and if we have passed this bill obtain special privilege. Then, when the make that assertion without fear of suc and the President puts it into effect, then President invokes the freeze, if he should_, cessful contradiction. we ought to get down to the business of he will be immediately subject to an Mr. BENNETT. Mr. President, will writing a ~etailed bill and holding hear other kind of pressure, the pressure from the Senator yield for an observation? ings. There are many things ·we might businesses and persons who will feel that Mr. CAPEHART. In a moment. well exempt from price, wage, and rent the price ruling on the last day before Those who are opposed to any kind· of controls. There might be many items the freeze went into effect was not a wage, price, or rent control desire to in our production which would be in fair one. They will start pressuring for tighten up that on which the commit- such plentiful supply that controls would 1953 CONGRESSIONAL RECORD- SENATE 5105 mot be necessary. We certainly do not time· hearings will be held, and we shall who will be voting to exempt agricul want to control newspapers and maga decide what we wish to do. tural products until the prices of ·such zines. We never have done so in the The Senator from Connecticut is a. products reach parity: Then the engi history of this Nation. ·Congress ·has member of the committee. I do not be neers, the beauticians, the .barbers, and written 3 or 4 so-called price, wage, and lieve that we want to eliminate this par· others wiU be seeking exemption. Ex rent control laws. We have always ticular paragraph from the bill. Per emptions ·will be sought on behalf of exempted newspapers on· the basis of haps we do. If the Senate wishes to utilities. I have been all through the freedom of the press. eliminate it, it is perfectly agreeable to prqcess.. Legislation on ·this subject is So I have an entirely different view me, but I do not believe that is what we possibly the meanest thing Congress has point from that of some others. The wish to do. to deal with. Members of the commit· facts from which I am working may be Mr. President, have the yeas and nays tee do not derive any more enjoyment different from the facts from which been ordered? · from dealing with it than other Sen others are working. The facts from. The P~SIDING . OFFICER. The ators do from discussing it. But the which I am working indicate to me that yeas and nays have been ordered. responsibility rests with our committee. if we pass this 90-day freeze with the Mr. SPARKMAN. Mr. President, will I am chairman of the committee. Other flexibility in it which I think ought to the Senator yield? members of the committee do not enjoy be in it, the President will not need to Mr. CAPEHART. I yield 2 minutes, or this job any more than do Senators who exempt anything he does not wish to .as much time as the Senator desires. are not members of the committee. It exempt. He will not need to make any Mr. SPARKMAN. l should like to ask is not easy. It is a tough job. We are exemptions if he does not wish to do SG. the able chairman a question. First, I dealing with a very controversial sub He will not be compelled to make any wish to take advantage of this opportu· ject. It seems to have a tendency to in exceptions if ·he does not wish to do so. nity to pay my respects to the able chair· flame tempers and bring on all sorts of My opinion is that he would be show man of the committee for the very ex· things. ing good, common horse sense if he did cellent job he did throughout the long Mr. BUSH. I assure the Senator that make certain exceptions in the case of and tedious hearings on this subject; my temper is not aroused at all. · articles which have no bearing wha-tever also for the very fine and fair manner in Mr. CAPEHART. I know that. on the emergency at the time. which he has managed the legislation on Mr. BUSH. Let me ask the Senator Mr. BUSH. Mr. President, will the the floor of the Senate. another question. Does not the Senator Senator yield? I should ·like to ask the Senator from agree that if the President is to make Mr. CAPEHART. I have no particu Indiana a question. I believe the re exceptions he will have to hold hearings, lar reason to be against the pending port on the bill sets out the fact that, so or hearings will have to be held in his proposal, but· I do not think it is what far as allowable exemptions are con behalf? we wish to do. Again I come back to cerned, they are simply in accord with Mr. CAPEHART. He will do that the fact that some of those ·who are ad what we have done ev.ery time we have through his administrative staff. vocating this course are the ·very ones passed a control measure in the past. Mr. BUSH. Then we shall be in the who are absolutely 100 percent opposed In every instance in which we have en· ridiculous situation of having the Presi acted a control measure, instead of re· dent holding hearings downtown while to any price, wage, or rent controls. I quiring exemptions, we simply made it we are holding hearings uptown, to write know that that statement does not apply optional with the President to make ex definitive legislation. to the Senator from Connecticut. emptions. Mr. CAPEHART. I think the Senator Mr. BUSH. Mr. President, will the Mr. CAPEHART. That is correct. I is going to extremes. Senator yield? am sure we would expect the President · Mr. BUSH. What is extreme about Mr. CAPEHART. . I -yield. . . .. to exempt newspapers, because Congress that statement? Mr. BUSH. I do not believe that sup · has always done so in every piece of Mr. CAPEHART. The President will porting this amendment is at all incon control legislation which has ever been study the problem through the Depart sistent with the bill. In fact, I think it enacted. I am sure that neither the ment of Commerce, the Secretary of the is entirely consistent with the bill. The Congress nor the President would freeze Treasury, and the Office of Defense Mo· purpose of the bill is to establish a freeze the prices of agricultural products at a bilization. That is why we have an Office for a short period during which it is level . below parity, when the President of Defense Mobilization. conceded by both sides that Congress is required by law to lend money up to Mr. President, I am perfectly willing should meet and consider legislation to 90 percent of parity. We must remember to take my seat and let the Senate vote. deal with the entire situation. that the · President has good common I simply wish to say that, in my opinion, Mr. CAPEHART. That is correct. horsesense. He will not do foolish the motive behind this amendment is to Mr. BUSH. How in the world could things, . kill the entire bill. 1 the President exercise the discretion I do not believe that we wish to elimi Mr. LEHMAN. Mr. President, will the proposed to be given him in the bill? I nate this paragraph. Perhaps the Sen· Senator yield? have never felt that it was proper, but ate wishes to do so, but I do not be· Mr. CAPEHART. I yield. how in the world would he deal with that lieve so. Mr. LEHMAN. Two years ago, I be· discretion within a short period of 90 Mr. BUSH. Mr. President, will the lieve, on the floor of the Senate we de· days? He cannot pick and choose. He Senator yield? bated the original Defense Production must have an organization to act for him. Mr. CAPEHART. I yield. Act. If I had been a betting man-and The bill hardly provides for that. We Mr. BUSH. We are talking about an occasionally I am-I would have given might as well leave the whole thing to emergency. Are we to believe that the odds of 100 to 1 that I never would en Congress as to give the President power exemption of a certain article would thusiastically support the position of the to make exemptions. · represent a greater emergency than the distinguished chairman of the Commit Mr. CAPEHART. As I stated a mo main emergency itself? tee on Banking and Currency, because ment ago, if the bill becomes · law the Mr. CAPEHART. It might not. It I was in complete disagreement with President c·ertainly will call upon the De might. I do not know. him. But I have been sitting on the partment of Commerce and other agen Mr. BUSH. I cannot believe it. We Committee on Banking and Currency cies of the Government to get ready and are discussing a proposal to impose a with the Senator from Indiana. We to inform him as to what he should do if freeze on everything, at the time the t.ave held hearings for 5, 6, or 7 weeks. and when the emergency should arise. freeze is put into effect, until Congress I wish to say that I have never known I am very hopeful that the ·President can act. any man in legislative life, whether a and the various agencies of the Govern· Mr. CAPEHART. All I know is that Democrat or a Republican, who has been ment will go so far as to agree upon a when we get ready to write a control more fair and more conscientious in the permanent policy to be followed, and bill-and I hope we shall never have discharge of his duty than has been the that they will be ready to come before to do so as the result of an emergency chairman of the Committee on Bank· Congress and say, "We propose to place many . exemptions will be proposed. ing and Currency. in effect a 90-day freeze, and we want Senators who are advocating that we I sat in the hearings and heard the you to do this, that, or the other." We allow no flexibility to the President are· testimony, and I supported the chair hope that they will be ready to make rec· the very ones who will be voting to ex man. I am glad and proud to support ommendations to Congress, at which empt newspapers. They will be the ones him today. 5106 CONGRESSIONAL RECORD- SENATE May 19- I have very little. interest now in· has done or sought to do in the bill. The Houses of Congress. Therefore, I do not whether the bill is passed. In my opin- · fact that the Senate has not approved know why ·senators are taking the time ion it has been completely emasculated,· the bill in the form in which it was to discuss the Bricker amendment. to the point of its being useless, by the reported to the Senate is not the fault Mr. HOLLAND. Mr. President, will adoption of the amendment offered by of the chairman of the committee. the 'Senator from Indiana yield further? the senior · Senator from Virginia [Mr. Mr. CAPEHART. I thank the Sena I am trying to. assist him. BYRD], and other amendments. I do not tor very much. We have worked hard_ Mr. CAPEHART. I yield to the Sen think the bill will do a bit of good . . I on the bill, as has the entire committee. ator from Florida. shall probably vote for it because I am We have had some misunderstandings, Mr. HOLLAND. · It seems to me, in the a member of the committee. However, of course. event the pending amendment is adopt I have no illusions: It is a fraud on the Mr. HOLLAND. Mr. President, will ed, the President would be left without people of the United States. It may the Senator yield? power to increase the price in order .to lead them to believe that we are protect Mr. CAPEHART. I yield. enlarge the production of a commodity ing them, when we are not protecting Mr. HOLLAND. I wish to ask the which was badly needed in vastly in them. We have completely retreated and distinguished Senator from Indiana a creased quantities, because of the fact yielded on powers that might have been question. I am looking at subdivision that we were in the emergency ·which exerted by the Pre·sident of the United (1) in subsection (b) which is proposed had brought on .the freeze. !.<,or example, States to protect all the people. to be omitted from the bill. If I read suppose it were necessary for national I cannot help but say again, as I have this provision correctly, it would mean defense to multiply by many times the stated so often, that to me it is a little that the President would not have the commercial production of penicillin. If strange that I, a Democrat, should time power, in the event the bill were en the provision referred to in the bill is and time again speak in defense of the acted and a freeze later went into force eliminated, the President would be left good faith and high principles and ip under the act, to increase the price of a powerless to exempt the production of tegrity and patriotism of the President given commodity needed for national de penicillin by commercial laboratories, or of the United States, in whom I am· fense, iri order to stimulate the produc to exempt the price of penicillin from the willing to vest such powers-and they tion of that commodity, which would be price freeze. are very great powers-while Members badly-needed at the time for national de It is that particular part of paragraph of the Republican Party, from the rna-· fense. Ani I right or wrong. which is sought to be. stricken, which jority leader on down-and he is a Mr. CAPEHART. Let us read subsec the Senate ought to be aware of. Surely, leader whom many Senators on the tion (b) which is being sought to be when we get into a serious emergency, or other side of the aisle, although I am stricken out. ~t reads: if a war is declared, there will be many · glad to say not all of the Senators on (b) The President may provide exemp commodities of which we · will need a the other side of the aisle, are inclined tions from, suspensions of, or adjustments to vastly increased production. To bring to follow more or less blindly-question ceilings in the case of any materials or serv that about we may have to force the pro the good faith of the President, which I ices or trap.sactions therein, or types of em duction in ·such a way as to greatly in ployment, or housing accommodations of any crease the priGe of the unit produced. am willing to acknowledge. class or in any area, if he finds that ( 1) such I again wish to say that what has exemption, suspension, or adjustment is nec Surely, Senators do not want, by the happened ·today has rendered the pend essary for national defense, or (2) the im adoption of this amendment, to strike ing bill entirely impotent to save the position or maintenance of such ceilings from the bill the power of the President country in case of a great emergency and would be impracticable or unnecessary in to stimulate the production of such need attack. I ask Senators not to kid them order to effectuate the purposes of this title. ed articles: selves. I hope and pray that the attack Mr. HOLLAND. Mr. President, will Mr. MAYBANK. Mr. President, will will not come, but if it does, we in the the Senator yield further? the Senator · yield further? Senate may not be here at the time. It Mr. CAPEHART. I should like to say Mr. CAPEHART. I yield. may be entirely impossible for us to be that the President cannot arbitrarily do Mr. MAYBANK. As I understand the here. these things. He must do them if it is in effect of the amendment of the Senator Mr. BUSH. Mr. President, will the the interest of national defense. Let me from Virginia [Mr. BYRD], it limits the Senator from Indiana yield? say that the freeze would never be used period of time_within which the powers Mr. CAPEHART. I yield. and I hope we will never have wage, price, of the President would become effective. · Mr. BUSH. I should like to ask the and rent controls-unless it is in the Of course, I intend to vote in favor of Senator from New York whether he does interest of the national defense. We are the bill, along with the distinguished not agree with me-and I voted with him not talking about peacetime. chairman of the committee and the Sen to favorably report the bill-that the Mr. MAYBANK. Mr. President, will ator from Florida [Mr. HoLLAND]. pending Bricker amendment will the Senator yield? Since it would be necessary to have strengthen rather than weaken the bill Mr. CAPEHART. I yield. . first of all a declaration of war-and I in its present form? Does the Senator Mr. MAYBANK. Mr. President, I wish hope and pray that we will no.t have an agree with me? to call attention to the fact that it is my other war-it was the judgment of those Mr. LEHMAN. No; I do not believe understanding of the bill, as the ranking who supported the Byrn.amendment that · it will strengthen the bill. I believe minority member of the committee-and CongFess would be able to act within 48 quite the opposite. I hope that the chairman of the com hours after such a declaration of war. When the Senator from Michigan mittee will tell me if I am wrong-when Does the Senator from Indiana believe [Mr. FERGUSON] offered his amendment we adopted the so-called Byrd amend that 48 hours after such a declaration we requiring two standards to be met be-: ment it gave Congress the right to de would be able to determine all the ques fore an allocation of materials could be clare the emergency, and from that we tions which would arise in conneGtion made, I believed there were a sufficient would naturally presume that Congress with a control measure? number of votes on the floor of the Sen would write. the law. Is that correct? Mr. CAPEHART. Well, we have been ate to defeat it, but I did not ask for a Mr. CAPEHART. Yes. in session since 12 o'clock noon today, division because I thought, What is the Mr. MAYBANK. Therefore, for all and we cannot even agree on a few use? The bill is rendered-pretty much practical purposes, the President has no things. So I do not know what we would useless at the present time because of the aut-hority to exempt newspapers, for ex do in the case of a national emergency. emasculations which have taken place ample, or anything else. Although I I assume we would work a little faster. on the floor of the Senate. shall reluctantly vote for the bill, in view Mr. HOLLAND. Mr. President, I I do ·not think for a moment that the Of the adoption of the Byrd amendment should like the Senator to answer my amendment submitted by the Senator the President has practically no author question. Is it not true that if subsec from Ohio [Mr. BRICKER] helps at all. ity whatever in that connection. Am I tion (b) of section 801 is stricken from However, I did not rise for that pur correct? the bill, the President would be pre pose. I rose to express my appreciation Mr. CAPEHART. Since the Senate cluded from exempting from the opera and iny gratitude and my admiration of adopted the Byrd amendment there tion of any freeze which was ordered the the Senator from Indiana [Mr. CAPE must be a declaration of wa.r before the production of articles w_hich would be HART], the chairman of the Committee act can go into effect, or it must be done badly needed for a war effort and which, on Banking and Currency, for what he by concurrent resolution adopted by both because of the great need, wbuld have 1953 .CONGRESSIONAL RECORD-S~NATE 5107 to be increased in price in order to have Mr. CAPEHART. Does the Senator Mr. SPARKMAN. My point is that such articles produced quickly and in fr.om Florida recommend that subdivi no formal hearing plan is provided by adequate quantity? sion (2 >, of subsection (b) , be deleted? the bill; is that correct? · ·Mr. CAPEHART. Yes. One of the Mr. HOLLAND. If .anything has to be Mr. BRICKER. Yes; the bill does not things the President said he hoped would deleted, let subdivision <2) be deleted. contain provision for machinery of any happen if Congress gave him a standby However, I am not suggesting that any kind in that respect. control bill was that the bill would pro part of the subsection be deleted. Mr. SPARKMAN. The President vide for :flexibility of operation. Mr. CAPEHART. I would rather have would have to take whatever steps he Mr. BUSH. Mr. President, will the subdivision H) deleted; but, as a matter might desire to take, in order to deter Senator from Indiana yield to me? of fact, I do not think any part of sub mine the facts applying to such a situa The PRESIDING OFFICER (Mr. section (b) should be deleted. tion; is that correct? BEALL in the chair). Does the Senator Mr. BRICKER. Mr. President, will Mr. ·BRICKER. . Yes. That is one of the Senator from Indiana yield ·to me? from Indiana yield to th~ · Senator from the weaknesses of-the bill; it does not Connecticut? Mr. CAPEHART. I yield. contain definite provision for the Presi Mr. BRICKER. I may say that the dent to have available to him machinery Mr. CAPEHART. I yield. making of exemptions and exceptions is, Mr. BUSH. In answer to the Senator by which he would be able to determine under the theory of the bill, a respon the nature of the freeze. from Florida, certainly it would seem sibility of the Congress, in connection that if there were a shortage of a certain with the writing of the complete controls Mr. President, I now suggest the ab· commodity, such as penicillin, it would legislation. sence of a qtiorum. be impossible to take care of that situa I cannot emphasize any more strongly The PRESIDING OFFICER. The tion within the period of 90 days; and than did the Senator from Connecticut Clerk will call the roll. hearings would have to be held in order [Mr. BusH] that if this exemption pro The legislative clerk called the roll, to determine whether relief should be vision is not stricken from the bill, the and the following Senators answered to accorded anyone. · . President or an administrative force will their- names: So Congress would have to determine hold hearings downtown, and might de Aiken Green McCarthy whether an exception should be made, Anderson Griswold McClellan cide to exempt certain commodities Barrett Hayden Millikin and that determination would have to be which Congress might feel should not be Beall · Hendrickson Monroney made by Congress while it was in session, exempted. Then Congress would have Bennett Hennings Morse following the time when the emergency Bricker Hickenlooper Mundt to hold hearings, and thus there would Bridges Hill -Neely had been declared. be a most complicated procedure, unless Bush Hoey Pastore If there are to be exceptions, Congress this particular provision is deleted from Butler, Md. Holland Payne should provide for them. Byrd Humphrey Potter the bill. Capehart Hunt Purtell Mr. HOLLAND. Mr. President, will I think the ·character of the freeze Carlson Ives Robertson the Senator from Indiana yield further bill must be carefully preserved if we are Case Jackson Saltonstall to me? to enact the bill into law. Cooper Jenner Schoeppel Cordon Johnson, Colo. Smathers Mr. CAPEHART. I yield. Mr. CAPEHART. Mr. President, I Daniel Johnson, Tex. Smith, Maine Mr. HOLLAND. I hope the Senator think the time has come to vote. I re Dirksen Johnston, S. c. Smith, N.J. from Indiana will insist at least on the peat that in my best judgment-and the Douglas Kefauver Sparkman Duff Kennedy Stennis inclusion of subdivision U > of subsec committee so decided by a vote of 12 to Dworshak Kilgore Symington tion . The second subdivision is not 3-we should leave this subsection just as Eastland Knowland Taft so necessary, because it relates to a rela it is. Ellender Kuchel Thye Ferguson Langer Tobey tively unimportant matter. Subdivision I again say-and. I do so in the best Flanders Lehman Watkins (2) reads: possible humor-that Senators who are Frear Long Welker The imposition or maintenance of such trying to delete the subsection are Sen Fulbrig_ht Magnuson Wiley ators who are opposed to price, wage, George Malone Williams ceilings would be impracticable or unneces Gillette Mansfield Young sary in order to effectuate the purposes of and rent control. Goldwater Martin this title. · The PRESIDING OFFICER. The Gore Maybank time of the Senator from Indiana has The omission ·of that provision would expired. · The PRESIDING OFFICER. A quo• rum is present. The question is on not be a matter of grave importance. Mr. BRICKER. Mr. President, how , But if subdivision (1), which I have much time remains to me? amendment B of the Senator from already read into the record, were de The PRESIDING OFFICER. The Ohio [Mr. BRICKER], to the committee leted from the bill, certainly the Presi Senator from Ohio has 7 minutes re substitute, as amended. The yeas and dent would not have power to exempt maining. nays have been ordered, and the clerk from a freeze order the many articles Mr. BRICKER. Mr. President, I de will call the roll. which would have to be immediately sire to suggest the absence of a quorum. The legislative clerk called the roll. · forced into greatly increased production. Mr. SPARKMAN. Mr. President, will Mr. SALTONSTALL. I .announce I have in mind medical supplies of many the Senator from Ohio yield to me for that the Senator from Nebraska [Mr. kinds. Suppose the emergency came a question? BuTLER] is necessarily absent. upon us like a blast in the ·night, and . Mr. BRICKER. I yield. Mr. JOHNSON of Texas. I announce suppose we then needed an increased Mr. SPARKMAN. · With reference to · that the Sel)ator from New Mexico [Mr. production of bandages and an increased the amendment of the Sena-tor from CHAVEZ], the Senator from Oklahoma production of various kinds of necessary Ohio, it has been stated several times [Mr. KERR], the Senator from Georgia medicines, which would have to be ob that the President would hold hearings · [Mr. RussELL], and the Senator from tained from every available commercial downtown.' Let me inquire whether the North Carolina [Mr. SMITH] are absent source. Should the President in that bill contains any provision to the effect on official business. case be without power immediately to that the President will be required to exempt all those articles from the price The Senator from Kentucky [Mr. hold hearings for the purpose of making CLEMENTS] is absent by leave of the Sen· freeze, and should he be without power such findings of fact? to offer such attractive prices on those ate on official business. Mr. BRICKER. The bill does not The Senator from Nevada [Mr. Me· . articles that the production of them contain a provision which would require would be immediately increased? the President to hold hearings before CARRAN] and the Senator from Montana I think to ask the question is to an putting the law into effect. Undoubt [Mr. MURRAY] are absent by leave of the swer it. None of us would wish to have edly the President of the United States Senate. · the President left in that position. would not-and I trust him not to do I announce further that, if present So I hope that the Senate will at least this-put into effect an arbitrary exemp and voting, the Senator from Kentucky give the President the power to stimulate tion or qualification or restriction un [Mr. CLEMENTS], the Senator from Mon the production of commodities which less he did hold hearings. I know of no tana [Mr. MURRAY], and the Senator would be needed in the event of such an other way by which the President could from North Carolina [~r. SMITH] would emergency. ascertain the facts of the matter. vote "nay." 5108 ~ONGRESSIONAL RECORD-_SENATE May 19 The result was announced-yeas 48. State, or local authority have been exempted The PRESIDING OFFICER. The nays 40, as follows: :from controls. question is on agreeing to the amend The committee continued by saying ment of the Senator from Indiana [Mr. YEAs-48 CAPEHART] to the committee substitute, Barrett Flanders Millikin that it was giving the President power Beau George Morse to make such exemptions. Of course, as amended. Bennett Goldwater Mundt that paFt of·the bill has now been elim The amendment to the amendment Bricker Griswold Payne was agreed to. Bridges Hendrickson Potter inated, so I hope the Senate will agree Bush Hickenlooper Purtell to this amendment, worded exactly as The PRESIDING OFFICER. The bill Butler, Md. Ives Saltonstall the exemption for newspapers, radio, is open to further amendment. Byrd Jenner Schoeppel Carlson · Johnson, Colo. Smith, Maine and television was worded in the pres Mr. CAPEHART. Mr. President, I case Kennedy Smith, N.J. ent Defense Production Act. have one other technical amendment, Cordon Knowland Taft Congress has always realized that this which I ask to have stated. Dirksen Kuchel Thye Dworshak Malone - Watkins is a category of the economy that should The PRESIDING OFFICER. The Eastland Martin Welker not be under controls, even for a 90-day clerk will state the amendment. Ellender McCarthy Wiley. period. Here we have involved the ex The CHIEF CLERK. On page 20, line .. Ferguson McClellan Williams ercise of freedom of the press and free 22, after the word "on", it is proposed NAYs-40 dom of speech. In my opinion, it is not to strike out ''June 30" and msert Aiken Hill Mansfield a wise thing in our country to have the "July 1." Anderson Hoey May bank Capehart Holland Monroney press, radio, television, and moving pic The PRESIDING OFFICER. The Cooper Humphrey Neely tures under economic controls, because question is on agreeing to the amend Daniel Hunt Pastore they have been mediums used in support ment of the Senator from Indiana [Mr. Douglas Jackson Robertson Duff Johnson, Tex. Smathers of our national defense from the very CAPEHART] to the committee substitute, Frear Johnston, S. C. Sparkman beginning of every emergency, and it is as amended. Fulbright Kefauver Stennis entirely possible that controls would Gillette Kilgore Symington The amendment· to the amendment Gore Langer Tobey harm the work that they could con was agreed to. Green Lehman Young tribute to our national defense effort, The PRESIDING OFFICER. The Hayden Long even during a 90-day period. Hennings Magnuson bill is open to further amendment. So I urge the Senate to agree to this Mr. DOUGLAS. Mr. President, I call NOT VOTING-8 amendment and write into the bill what up my amendment 5-12..:.53....:.B, and ask Butler, Nebr. Kerr Russell has always been a part of our defense to have it stated. Chavez McCarran Smith,N. C. production acts in the past, and exempt Clements Murray The PRESIDING OFFICER. The these important mediums of communi clerk will state the amendment. So Mr. BRICKER's amendment to the cation from this bill. amendment was agreed to. The PRESIDING OFFICER. The The CHIEF CLERK. On page 27, d.fter Mr. DANIEL. .Mr. President, I offer question is on agreeing to the amend line· 2, it is proposed to insert the fol an amendment, which I send to the desk ment of the Senator from Texas [Mr. lowing new section: and ask to have stated. DANIEL] to the committee substitute as SEc. • The last sentence of subsection The PRESIDING OFFICER. The amended. (1) of section 204 of the Housing and Rent clerk will state the amendment offered Act of 1947, as amended, ls amended to read The amendment to the amendment as follows: "No area shall be certified as a by the Senator from Texas. was agreed to. critical defense housing area under the au The CHIEF CLERK. On page 24, line 20, Mr. CAPEHART. Mr. President, I thority granted in this subsection unless it is proposed to insert the following: call up my amendment designated ''5- both of the following conditions exist in such (b) The authority conferred by this title 13-53-C," and ask that it be stated. area: shall not be exercised with respect to the The PRESIDING OFFICER. The "(1) A defense plant or installation has following: prices, or rentals for materials been or is to be provided, or an existing de ·furnished for publication by any press asso clerk will state the amendment. fense plant or installation has been or ls to ciation or feature service, or books, maga The CHIEF CLERK. On page 20, line 5, be reactivated or its operation substantially zines, motion pictures, periodicals or news it is proposed to strike out "control the expanded; and papers, other than as waste or scrap; or rates general distribution of" and insert in lieu "(2) A substantial shortage of housing charged by any person in the business of thereof "allocate". exists or impends which has resulted or operating or publishing a newspaper, period On page 20, line 20, it is proposed to threatens to result in excessive rent ln- ical, or magazine, or operating a radio-broad ·insert "allocation" before ''controls." creases." casting or television station, a motion-pic On page 20, line 21, it is proposed to ture or other theater enterprise, or outdoor Mr. DOUGLAS. Mr. President, I advertising facilities. strike out "on the general distribution." wish to begin by paying a tribute to the Mr. CAPEHART. Mr. President, this chairman of the Committee ·on Bank Mr. DANIEL. Mr. President, the pur is purely a technical amendment. I ing and Currency, the very able Sena pose of this amendment is simply to think the language of the bill will be tor from Indiana [Mr. CAPEHART]. · I place in the bill exactly the same exemp improved from the viewpoint of what have hitherto refrained from paying tion which has always been in defense is intended. I ask that the amendment him tribute during this debate, lest it production acts with reference to news be agreed to. lower his standing among his colleagues papers, television, radio, and other means The PRESIDING OFFICER. The on his side of the aisle. Now, since I of communication. question is on agreeing to the amend think no further damage can be done to The Senate has just eliminated a sec ment of the Senator from Indiana [Mr. him, since all the injury which mortal tion which would have authorized the CAPEHART] to the committee substitute flesh can receive and endure has already President to make exemptions. It might as amended. . been inflicted, I think perhaps it would not have been necessary to offer my The amendment to the amendment not be inappropriate to express what is amendment had the authority been left was agreed to. in my heart, namely, that, not as aDem with the President to make such exemp Mr. ·CAPEHART. Mr. President, I ocrat, but as an American, I Pay tribute tions. However, since that authority send to the desk ·an amendment and to him for his courtesy, his courage, his has been eliminated, I believe it is neces ask that it be stated. This is purely intelligence, and his fine public service. sary, if we are going to follow the histor a technical amendment for clarification, I do not suppose that the Senate is ical practice which Congress has followed and is necessary since we have amended in any mood for an amendment which in exemDting newspapers, radio, tele section 104. will strengthen controls. Nevertheless vision, and other communication facili The PRESIDING OFFICER. The I feel duty bound to rise and make this ties from the provisions of the controls clerk will state the amendment. proposal. acts, for us to so provide in this bill. The committee realized this. It said in The CHIEF CLERK. On page 22, line When critical defense areas were first its report: · 9 it is proposed to strike out "Titles defined in the Housing and Rent Control I:" and insert in lieu thereof "Title I Act, there were three qualifications that Your committee is aware that it is imprac tical to freeze some categories of our econ (except section 104), and titles." had to be met to justify imposition of omy. Historically, certain categories such On page 22, line 15, it is proposed to rent controls, namely, that there must as newspapers and other informational me strike out "Title" and insert in lieu be: first, new, reactivated or expanded dia and public utilities regulated by Federal. thereof "Section 104 of title I and title.'' governmental defense installations or 1953 CONGRESSIONAL RECORD .-SENATE 5109. private installations working on defense If there be no further amendment to colleagues in Congress, I should like to take be proposed, the question is on agreeing this occasion to give each of you a brief contracts; second, a substantial in-mi.. report-a progress report-about the Or gration of defense labor or military per.. to the committee substitute as amended. ganization and the National Commission. sonnel; and third, a substantial housing The committee substitute as amended UNESCO is rendering to its member states shortage. Now when this law was was agreed to. the services which you envisaged for the or amended by the act of April 30, 1953, ex The PRESIDING OFFICER. The gani.zation in H. ·R. 215: "* * * • for the tending general rent controls for only 3 question is on the engrossment and third purpose of advising together and to consider months, the definition of "critical de .. reading of the bill. · problems of international education and cul fense housing area" was further nar The bill was ordered to be engrossed tural relations throughout the world and for r, third reading, read the third time, more particularly to organize a permanent rowed to apply only to areas with a De international agency to promote educational partment of Defense or Atomic Energy and passed. . and cultural relations, the exchange of stu Commission plant or installation. dents, scholars, and other educational and The result has been that a number of cultural leaders and materials, and the en THE WORK OF THE UNITED NA couragement with each country of friendly big cities now under general rent controls TIONS EDUCATIONAL, SCIENTIFIC, that expire July 31, which have plants relations among nations, peoples, and cul· AND CULTURAL ORGANIZATION tural groups." with a large volume of defense contracts, You will be pleased to know how far will not be able to qualify under the Mr. MUNDT. Mr. President, much UNESCO has gone in living up to these ex critical defense area provision, even has been said in discussion of public p.ectations. though there is a marked housing short affai;rs about UNESCO. Before many UNESCO SERVICES age. This may be because there is no days or weeks, the Senate will have be UNESCO has responded to the urgent re military installation or atomic energy fore it as an item in an appropriation que~ts of more than 20 of the less developed plant there or because there has not been bill the question of providing funds for natwns for help in raising their levels of an in-migration of labor; and there has UNESCO. education. not been any in-migration of labor in To the end that Members of Congress It has pioneered a system of fundamental ·may familiarize themselves with some of e~u~ation which helps improve health, nu some cases because there has been a tntwn, and literacy, and thus promises to housing shortage, and people have not the work which has been undertaken by raise the standard of living of the more than been able to find housing accommoda the United Nations Educatio:pal, Scien half of the world's population which can tions in those cities. tific, and Cultural Organization, and so neither read nor write. The amendment which I am prop'osing that they will not have to engage in It has brought together teachers from strikes out the requirement that there blind ftying when the. discussion ensues many countries and in many separate con must be substantial in-migration. It with respect to the appropriation, I ask ferences for the study of common educa likewise restores the application of the unanimous consent to have printed in tional problems. definition to areas with private defense the RECORD at this point, as a part of my It has demonstrated to countries without remarks, a letter directed to me under · public libraries how they can establish these plants. It provides simply that for an and use them for democratic educational area to be classified as a critical defense date of May 11, 1953, by Mr. Walter H. C. purposes. housing area there shall be a substantial Laves, Chairman of the United States It is helping member states undertake shortage of bf:>using, and there must be National Commission for UNESCO, scientific research to improve living condi .new or expanded defense work that is which gives a brief but effective review tions. Notably it promotes study of ways being conducted either by public agencies of some of the good things being done by in which semidesert regions can be brought that organization. into cultivation. or by private agencies. It. has made possible the renewal of con This is of great importance to such There being no objection, the letter was ordered to be printed in the REcORD, tacts between scientists, educators, and cre cities as Boston, Chicago, Pittsburgh, ative artists in the postwar wo>:ld, thus up Newark, Philadelphia, Camden, Balti as follows: holding the free exchange of knowledge and more, Cleveland, St. Louis, Minneapolis, DEPARTMENT OF STATE, ideas. St. Paul, Kansas City, San Francisco, THE UNITED STATES Schools and libraries in soft currency and many other cities in the United NATIONAL COMMISSION FOR UNESCO, countries have found a way to obtain books, States which otherwise will be without Washington, D. C. May 11, 1953. laboratory equipment and other necessary The Honorable KARL E. MuNDT, supplies from hard currency countries needed protections. United States Senate. through the UNESCO coupon plans. In 1952 I point out. that this would not be MY DEAR SENATOR MUNDT: On behalf of this made possible purchases from the mandatory; it would merely permit the the United States National Commission for United States to an amount of over half a Secretary of Defense and the Director of UNESCO, it is my pleasant privilege to re- · million dollars. · Defense Mobilization, if they find that call to your mind an historic event which Fellowships and travel. grants awarded by there is a substantial shortage, and if took place 8 years ago and in which you UNESCO have helped educators, scientists, played a major part. At that time steps were youth leaders, and trade union members they find that new or expanded defense taken to assure international action in sup is from over 40 countries to study in other work being conducted in large degree, port of principles basically identical with countries. to define a city as being in a critical de those found in the United States Constitu The international interchange of students fense housing area and thus permit the tion and the Bill of Rights. and teachers is greatly helped, too, by President to institute the necessary pro On May 22, 1945, the House of Rep UNESCO's publications, Study Abroad and tections for tenants against the effects of resentatives adopted House Resolution 215, Teaching Abroad which list annually the this severe housing shortage. which you had introduced, in which the fellowships and teaching opportunities in House urged • • • the participation by many countries that are open to candidates Mr. CAPEHART. Mr. President, I ap the Government of the United States preciate very much the compliment the from other lands. in the creation of an international edu UN:ESCO ha$ helped people in the free able Senator from Illinois has paid me. cational and cultural organization • • • world understand the principle of coll'ective However, I am reluctantly inclined to be Two days later the Senate adopted a simi security, as defended by the United Nations opposed to his amendment. I believe the lar resolution introduced by Senator J. WIL in Korea. Senator is attempting in effect, to amend LIAM FULBRIGHT and Senator ROBERT A. TAFT. Most important of all, UNESCO is demon the Rent Control Act which was passed Pursuant to these resolutions, the United strating to the people of the free world how 3 weeks ago by both the Senate and the States helped to establish the United Na they can secure social and economic ad tions Educational, Scientific, and Cultural vancement through free institutions and House and is now law. For that reason, Organization. Two Members of Congress, through peaceful international coop~ration. I do not believe the .Senate should con Senator JAMES E. MURRAY and Representative May I mention a few typical pieces of sider the amendment. CHESTER E. MERROW, Were members Of the UNESCO work that have come to my per The PRESIDING OFFICER. The United States delegation to the Conference sonal attention recently. at which the constitution of UNESCO was question is on agreeing to the amend drawn up. Subsequently Congress author RAISING EDUCATIONAL LEVELS ment of the Senator from Dlinois [Mr. ized the acceptance of membership in In 1952 alone, UNESCO was asked by DouGLAS] to the committee substitute as UNESCO by the United States and the es member governments to send out 22 educa amended. ' tablishment of a National Commission to tional missions. The purpose of these was The amendment to the amendment advise the Government, and to serve as an to provide expert help in planning public agency of liaison on UNESCO matters. educational reforms, to recommend methods was rejected. In view of the personal initiative and in of financing such reforms, and to propose The PRESIDING OFFICER. The bill terest which you thus showed in the estab ways of improving school administration. is open to further amendment. lishment of UNESCO, together· with these These teams of international composition 5110 CONGRESSIONAL· RECORD- SENATE May 19 and character would have been impossible side UNESCO by the will of their govern their members in UNESCO's work for inter- without UNESCO. ments, but it is easy to understand why So national friendship. · This large number of advisory services was viet Russia has refused to subscribe to the The Commission has been continuously requested because previous missions sent out principles of UNESCO, and why the Govern consulted by the Department of State on under UNESCO auspices had been singularly ments of Poland, Czechoslovakia, and Hun many matters relating to United States par successful. I talked about this at the Paris gary have withdrawn from UNESCO, since· ticipation in UNESCO. It has been repre General Conference of UNESCO last Novem they have become satellites of the U.S.S.R., sented on delegations to all sessions of the ber with an official of the Ministry of Edu and since UNESCO has begun to be effective. General Conference of UNE(SCO, at which cation of Thailand. He told me about the The Polish Government, in its letter of the program and budget of this organization changes that have been undertaken in the withdrawal, last December, alleged that· are approved. Siamese educational system as the result of UNESCO is turning itself into an obedient Through several committees and panels of the educational mission which his govern instrument of the. cold war launched by experts, parts of UNESCO's program are sub-· ment had requested UNESCO to send 2 years American imperialism; that UNESCO has mitted to citizen groups and competent ago. A 10-ye_ar plan for educational develop supported Anglo-American aggression in specialists for consideration and advice. ment has· been approved and a supplemental Korea. More than this, hundreds ·or American citi scheme is already in operation in one area . These distortions and falsehoods were re zens have volunteered to assist in the task where all typ·es and grades of educational jected by the General Conference of UNESCO, of carrying out within the United States activities are being reorganized. which declared "that the allegations con those portions ·of the UNESCO program that · The delegate from Burma told me that his tained in the aforesaid . communication are can be carried out in this country, such as government had doubled its budget for pub completely .unfOUt:lded." contributing. to the educational needs of the lic education and was in the midst of build SOME UNITED STATES M~SUNDERSTANDINGS less developed countries and the study of the ing 1,000 new primary schools; 240 secondary ABOUT UNESCO .United Nations. · schools, and a teacher training center. This A special feature of the National Commis- I: should like to remark briefly on two was the direct result of the recommendations points about which some misunderstanding . sion's program has been the organization of a UNESCO educational mission which had exists in the United States. every 2 years of a national conference for the· been adopted by the Burmese Government. purpose of considering ways to improve our Important progress has been mape in Afghan First, ~11 who sincerely wish that interna tional cooperation through organization may understanding of and participation in world istan and many other countries. succeed are concerned lest Americans who • affairs, particularly through the kinds pf in A few months ago I was in Cairo when the are disloyal or are engaged in subversive ac ternational cooperation represented by final plans were made for the establishment tivities should find employment in interna UNESCO. Provision for such conferences of a fundamental education center for the tional agencles. The Executive Committee of was wisely made by Congress when it author Arab states. Illiteracy rates in this region the United State's National Commission at ized the establishment of the National Com range from 50 to 70 percent. This. center one of its first meetings in 1947 declared that mission. All interested organizations are in bas now opened and the first class has teams persons employed by UNESCO should be vited to send representatives. of 5 trainees from each of the 6 cooperating truly and fully representative of their coun You will recall the First National Confer countries. Within a year there should be tries, and the National Commission assisted ence held in Philadelphia in 1947 at which 200 trainees enrolled. The center is modeled UNESCO to find Americans who meet this you gave a keynote address. Subsequent on the Fundamental Education Center in standard. About 60 Americans are employed conferences were held in April 1949 and Jan ~ex~co, which is supported· by UNESCO, the by UNESCO headquarters in Paris, which has uary 1~52. We are now making plans for Mexican Government, and the Organization ·a total staff of about 800, and some 50 other the Fourth National Conference to be held of the American States. · Fifty teachers were· in Minneapolis in· September at which the Am~ricans are employed by UNESCO in other graduated this year from ~he ~e]Cican center. parts of the world. ·I am confident that the· main theme -will be "America's Stake in They have returned to their countries in great· majority of these -Americans employed International Cooperation." • . Latin America to establish similar national by UNESCO are completely loyal citizens, This letter already too long by ordinary schools run by their own governments. and I 'believe that measures now being taken standards-yet it barely touches upon the •· METHODS BY WHICH UNESCO HAS WORKED will assure that no American will be em wide variety of · important activities made possible through the existence of UNESCO. These services, like all else that is done ployed by UNESCO .except those known to be loyal. I want to close by extending- you the by the organizations, are undertaken ·by thanks, appreciation, and congratulations of UNESCO only on the request of the member I wish also to touch on another point the United States National Commission for states. I can assure you, from personal ex which may have comt! to your notice-the UNESCO for the great public service you per perience as Deputy Director General of allegation that UNESCO is trying to impose formed in helping assure the establishment UNESCO for nearly 4 years, and from subse some doctrine on our schools, designated as of UNESCO which has been so essential to quent observation, that UNESCO carries out one-world government. This false charge the achievement of an understanding among in the letter and the spirit the provision of was first .aired in a newsletter issued by a peoples and of peace itself. Even at this· its constitution that, "with a view to preserv certain organization and has been widely re early date the wisdom of that decision has ing the independence, integrity, and fruitful peated, although frequently refuted. The been demonstrated by the enthusiastic sup diversity of the states members of this or .truth is that in several pamphlets for teach port given UNESCO throughout the peace ganization, the organization is .prohibited ers (not for pupils) some opinions expressed loving world. The record of this phase of from intervening in matters which are essen-· in international conferences of teachers in postwar cooperation has already shown its tially within their jurisdiction." · vited from various countries are reported, practicability and necessity. UNESCO's work throughout its program and that an occasional sentence among these Sincerely, rests on and supports and promotes the free opinions indicates a beilef that a world or WALTER H. Iron Curtain philosophy. · Fel has never advocated any policy with respect lowships for study abroad, international to world government. The Director General COMMISSION ON FOREIGN seminars for scientists, scholars, and teach of UNESCO has spoken expliGitly on this ers, expert advice given on request, publica point. "It has never been the purpose of ECONOMIC POLICY i< l tions bringing the concentrate of free schol- UNESCO to turn citizens from th~ir national Mr. MIT..LIKIN. Mr. President, I ask arly inquiry or divergent opinions~these are . loyalties • • • whoever, out of alleged de unanimous consent for the present con• its chief methods .of. action. votion .to some international order, repudi:-. sideration of Senate Joint Resolution 78, INCREASING UNESCO MEMBERSHIP at~fi his loya,lty to his own country, does not really love his own country nor the interna a joint resolution for the.establishment As you know, this agency unites the Ameri tional order he claims to admire." of the Commission on Foreign Economic can people in the cause of freedom, under Policy. standing, and friendship with the people of UNITED STATES NATIONAL COMMISSION ACTIVE over 60 other countries. The PRESIDING OFFICER. The I should like to take this opportunity, too, joint resolution will be stated by title Six years ago, when UNESCO's first confer of reporting · to you that the· United States ence was held, there were 34 member states. National Commission has carried out in the for the· information of the Senate. The number has increased steadily each year. past 6 years many of the functions assigned · The CHIEF CLERK. A joint resolu At its last meeting, UNESCO accepted the ap to it by Congress. You were 'one of those tion on Foreign Econom~c Policy, to be com rangements, customs procedures, marking · Mr. GORE. I am willing to follow the posed of Members of both Houses and a and transit problems, concealed regulation of recommendations of the President in· exports and imports, p_~eferential tari1I sys certain number of members to be ap tems, most-favored nation treatment, gov• both instances. I was hoping that the pointed by the President. Under this ernment _monopolies, State-controlled econ passage of the one measure would facili plan the Senate would appoint 3 mem omies, State trading, State-subsidized trad tate early passage of the other. bers, the House 3 members, and the ing. .. Mr. MILLIKIN. I could not in good President 5 members. In the case of the (8) Effect of existing and proposed trade faith say that, although I am hopeful House and Senate not more than 2 mem policies on promotion of peace and security that the Reciprocal ·Trade Agreements bers of the 3 shall belong to the same · and betterment of political, social, and eco Act will be extended for 1 year. party. So far as the Presidential ap nomic life. Mr. HENDRICKSON. Mr. President pointees are concerned, not more than It can be seen that the purpose ·of a parliamentary inquiry. • 3 of the 5 shall belong to the same party. the Commission is a very broad one. The PRESIDING OFFICER. The The purpose is to make a thorough The joint resolution provides that a re Senator will state it. study of our international trade. Let port shall be made not later than 60 Mr. HENDRICKSON. Has the joint me read some of the duties of the Com days after the commencement of the resolution yet been acted upon? mission, so that the scope of the project second session of the present Congress. The PRESIDING OFFICER. It has may be judged. I read from the joint The reason I am asking for immediate not yet been acted upon. resolution, under the heading "Duties of consideration of the joint resolution is Mr. GEORGE. Mr. President, I rise the Commission": to allow the Commission to get to work to urge the passage of the joint resolu DUTIES OF THE COMMISSION on this very important subject. tion. It was considered by the Finance SEC. 9. The Commission is directed to ex Mr. GORE. Mr. President, will the Committee, and the committee re-com amine, study, and report on the subject of Senator yield? mended Jts passage. international trade and to recommend poli Mr. MILLIKIN. I yield. This measure involves a study which cies, measures, and practices for stimulating Mr. GORE. {s it the opinion of the must be conducted by a competent staff. its sound enlargement. distinguished Senator from Colorado The study is very comprehensive, and in Without limiting the general scope. of this that the establishment of the Commis volves a survey of wide scope. In order direction, the work of the Commission shall .to obtain a competent staff of sufficient include consideration of, and· report on, the sion would facilitate the extension of the Reciprocal Trade Agreements Act size to do this work, it -is necessary to following matters: have early action on the joint resolution. (1) (a) Applicable provisions of the Con for 1 year, as requested? stitution of the United States; Mr. MILLIKIN. The two things are I therefore hope that it will be passed (b) Laws, regulations, and practices of the not necessarily tied together. The Pres speedily, and that the House may act on United States relating to international trade, ident has asked for both. He has asked ·it expeditiously. including such mat.ters as tazi1Is, customs, for this Commission, and he has also The PRESIDING OFFICER. The customs administration, trade agreements, · asked for the extension of the Recipro joint resolution is open to amendment. peril point and escape procedures, opinions If there be no amendment to be pro- , and decisions thereon of the United States cal Trade Agreements Act. One mem ber of the committee has stated that in posed, the question is on the engross·. Tari1I Commission and the President, import ment and third reading of the joint reso and export quotas, monetary licenses, coun voting for the joint resolution he was tervailing duties, and procurement prefer not necessarily binding himself to vote lution. ences; for the extension of the Reciprocal The joint resolution was orqered to be (c) Departments, agencies, boards, com Trade Agreements Act. That question engrossed for a third reading and was read the third time. · · missions, bureaus, and other instrumentali was raised by one member of the com ties of the United States having jurisdiction mittee. If the Reciprocal Trade Agree The PRESIDING OFFICER. The over, or dealing with, these matters; joint resolution having been read the (d) Laws, regulations, and practices and . ments Act were not extended, there would be perhaps more reason for the third time, the question is, Shall it pass? official instrumentalities of other nations The joint resolution (S. J. Res. 78) was concerned with similar subject matters; Commission than there would be if the passed, as follows: (e) Pertinent statistics on international Reciprocal Trade Agreements Act were trade; Resolved, etc., That there is hereby estab extended. . lished a bipartisan commission to be known (f) Balance of payments, nation by na Mr. GORE. Mr. President, will the - as the Commission on Foreign Economic tion, excessive imbalances, causes, e1Iects, Senator further yield? Policy (in this act referred to as the "Com· proposed remedies. Mr. MILLIKIN. Certainly. mission"). (2) Relationship of our foreign economic Mr. GORE. It seems to the junior policies to, and their influences on, our total MEMBERSHIP OF THE COMMISSION foreign policy, proper relationship of each Senator from Tennessee that the estab SEc. 2. (a) Number and appointment: to the other. lishment of a commission to make· a The Commission shall be composed of 11 (3) E1Iect of our foreign aid and military study of the scope indicated by the Sen members as follows: _ defense programs on international trade and ator from Colorado would make it neces (1) Five appointed by the President of the international balance of payments. sary to extend the program now in ex United States, of whom no mo:r:e than three ( 4) Foreign markets of trading nations isten~e pending the establishment of a shall be appointed from the executive extent and nature--e1Iect thereon of wars, policy by the administration. The Sen branch of the Government; · other emergencies, technological advances, ator from Tennessee was hoping that (2) Three appointed from the Senate by international relations, and other pertinent the Vice President of the United States; the distinguished chairman of the com (3) Three appointed from the House of factors. · mittee would express the opinion that (5) International instrumentalities, or Representatives by the Speaker of the House ganizations, agreements, and practices affect the establishment of this commission for of Representatives. ing trade such as General Agreement on the purpose of making a study would (b) Political affiliation: Of the first Tari1Is and Trade, Customs Unio-ns: Organi facilitate the extension of the Recipro- . class of members mentioned in subsection zation for European Economic Cooperation, cal Trade Agreements Act for another . (a) , no more than three members shall be International Wheat Agreement, cartels, . year. from the same political party. Of the sec European Payments Union, European Coal Mr. }\4ILLIKIN. Most respectfully, let ond and third classes of members mentioned and Steel Community, International Mone in subsection (a), no more than two mem me say that I think there is a relation bers from each class shall be from the same tary Fund. between the two, but .I do not think t(here (6) Foreign investment capital, flow of political party. is a necessary relationship. I do not investment capital between nations-need ORGANIZATION OF THE .COMMISSION want to overplead my case. One mem thereof-restrictions thereon-inducements SEC. 3. The Commission shall elect a ·· necel)sary to encourage, role of Export-Import ber of the committee voted for the joint chairman and a vice chairman from among 1 Bank and International Bari.k for Reconstruc resolution, but stated that that did not its members. · . tion and Development. necessarily mean that he would vote for QUORUM (7) Effects on international trade- of fac what the Pr-esident requests with respect SEc. 4: Six members of the Commission tors such as costs of production and pricing, to extension of_ tne _ReciprocaJ Trade shall constitute a quorum. labor practices and standards, general living Agree.rpepts Act. If we. did not ;follow standards, currency manipulation, ·incon COMPENSATION OF MEMBERS OF THE vertible currencies, official inflationary poli- · the President's. request with respect · to COMMISSION cies, currency devalu~tions, exchange co~ the extension of the Reciprocal Trade , SEc. 5. (a) Members of Congress: Mem.. trois and licenses, quQtas, embargoes, _dump-. Agreements Act that would probably en- · bers of Congress who are members of ~he ing and _pricing practices, multiple curren- _ hance the need for this kind of com· Commission shall serve without compensa· cies, birateral trade. agreements, -batter ar- mission: · tion. in- addition to that received ·for the~ 5112 CONGRESSIONAL RECORD-SENATE May 19· services as Members of Congress; but they (2) Relationship of our foreign economic Mr. KNOWLAND. It is my under .. shall be reimbursed for travel, subsistence, policies to, and their in:fluences on, our total standing that the appropriation bill is a.nd other necessary expenses incillred by foreign policy, proper relationship of each the pending business of the Senate. them in the performance of the duties vested to the other. in the Commission. (3) Effect of our foreign-aid and military The PRESIDING OFFICER. Yes. (b) · Members from the executive branch: defense programs on international trade and Consideration of it was laid over until The members of the Commission who are.. international balance of payments. tomorrow. in the executive branch of the Government (4) Foreign markets of trading nations Mr. KNOWLAND. Under the unani shall each receive the compensation which extent and nature-effect thereon of wars, mous-consent agreement entered into, is he would receive if he were not a member other emergencies, technological advances, a vote on the bill to be had tomorrow? of the Commission, but they shall be reim international relations, and other pertinent · •The PRESIDING OFFICER. No bursed for travel, subsistence, and other nec factors. essary expenses incurred by them in the per ( 5) International instrumentalities, or unanir.1ous-consent agreement was en formance of the duties vested in the Com ganizations, agreements, and practices affect tered into with respect to a vote on the mission. ing trade, such as General Agreement on bill. (c) Members from private life: The mem- . Tariffs and Trade, Customs Unions, Organ Mr. KNOWLAND. But the agreement bers from private life shall receive not to ization for European Economic Cooperation, was that the bill would go over until to exceed $15 per diem when engaged in the International Wheat Agreement, cartels, Eu morrow, and it is now the pending busi performance of duties vested in the Com ropean Payments Union, European Coal and ness of the Senate. Is that correct? missiol_l, plus reimbursement for travel, sub Steel Coll]lllunity, International J.4onetary The PRESIDING OFFICER. The sistence, and other necessary expenses in Fund. Senator is correct. curred by them in the perform!!Lnce of such (6) Foreign im•estment capital, flow of duties. investment capital between nations-need Mr. ~'lOWLAND. Mr. President, for STAFF OF THE coMMISSION thereof-restrictions thereon-inducements the information of the Senate, the ma SEc. 6. The commission shall have power necessary to encourage, role of Export-Import jority leader has asked me to make an to appoint such personnel as it deems ad- Bank and International Bank for Recon announcement. visable~ without regard to the civil-service struction and Development. The appropriation bill for the inde laws, and to fix the compensation of such (7) Effects on international trade of fac pendept oflices will be considered tomor personnel in accordance with the Classifica- tors such as costs of production and pricing, row. We do not know whether consid tion Act of 1949, as amended. The Com- labor practices and standards, general living eration of the bill will be completed to mission is further authorized to employ ex- standards, currency manipulation, i~con morrow. Assuming that it will take perts and consultants for temporary and in- vertible currencies, official inflationary poli termittent personal services, but at rates not cies, currency devaluations, exchange con most of the session of the Senate tomor to exceed $75 per diem for individuals. The trols and licenses, quotas, embargoes, dump row, it \7ill then be our purpose, with Commission is authorized to reimburse em- ing and pricing practices, multiple cur the approval of the Senate, to take up ployees, experts, and consultants for · travel, · rencies, bilateral trade agreements, barter the Legislative Calendar on Thursday; subsistence, and other necessary expenses in- arrangements, customs procedures, marking Of course, if consideration of the inde curred by them in the performance of their and transit problems, concealed regulation pendent oflices appropriation bill is not official duties and to make reasonable ad- · of exports and imports, preferential tariff completed tomorrow the bill will go over :vances to such persons for. such purposes. systems, most-favored-nation treatment, . . government monopolies, State-controlled until Thursday, .and the Senate will keep EXPENSES OF THE COMMISSION economies, State trading, State-subsidized working on it until its consideration is SEc. 7. There is hereby authorized to be - -trading. completed. appropriated, out of any money in the Treas- (8) Effect of existing and proposed trade ury not otherwise appropriated, so much as policies on promotion of peace and security may be necessary to carry out the provisions apd betterment of political, soci~l, and eco- A MATTER OF CONGRESSIONAL of this act. nomic life. · PROCEDURE · REPORT-EXPIRATION OF THE COMMISSION POWERS OF THE COMMISSION Mr. HUMPHREY. Mr. President, I SEC. 8. (a) Report: Within 60 days after SEC. 10. (a) The Commission or, on the ask unanimous consent to have printed the 2d session of the 83d Congress is con authorization of the Commission, any sub in the body of the REcORD, an article by vened, the Commission shall make a report committee or member thereof, shall have Mr. Roscoe Drummond, of the Christian ot its findings and recommendations to the power to hold hearings and to sit and act at Science Monitor. This article analyzes Congress. such places and times, to require by sub-. what I consider to be a serious matter . (b) Expiration of the Commission: 90 pena or otherwise the attendance of such days after the submission to the Congress of in the procedure of the Congress. Mr. witnesses and the production of such books, Drummond has reviewed the committee the report provided for in subsection (a) of papers, and documents, to administer such this section 8, the Commission shall cease to oaths, to take such testimony, and to make sessions of the Congress and advises that exist. such lawful expenditures, as the Commis from January 3 to March 31, congres DUTIES OF THE COMMISSION sion or such subcommittee or :nember may sional committees and subcommittees SEC. 9. The Commission is directed to ex deem advisable. Subpenas shall be issued have held about 860 meetings, 417 of amine, study, and report on the subject of under the signature of the Chairman of the them have been completely secret and international trade and to recommend poli Commission and shall be served by any per 22 partly secret. cies, measure&, and practices for stimulating son designated by him. He also makes appropriate note of the its sound enlargement. (b) The Commission is authorized to se Without limiting the general scope of this cure from any department, agency, or inde fapt as he puts it "that the majority of direction, the work of the Commission shall pendent instrumentality of the Government the members of the Cabinet have been include consideration of, and report on, the any information it deems necessary to carry silent, uncommunicative, unusually in following matters: out its functions under this act; and each accessible to the press--certainly as se ( 1) (a) Applicable provisions of the Con such department, agency, and instrumental cretive, if not more secretive, than their stitution of the United States; ity is authorized and directed to furnish such predecessors whom the Republicans (b) Laws, regulations, and practices of the information to the Commission, upon re criticized so sharply in the campaign." United States relating to international trade, quest made by the Chairman or by the Vice I regret to say that this policy of including such matters as tariffs, customs, Chairman when acting as Chairman. customs administration, trade agreements, closed committee meeting still contin peril-point and escape procedures, opinions ues. I have protested against this pol and decisions thereon of the United States . PROGRAM FOR TOMORROW icy on several occasions and shall con Tariff Commission and the President, im tinue to do so until we can arrive at a port and export quotas, monetary licenses, Mr. KNOWLAND. Mr. President, a policy decision in Congress, where pub countervailing duties, and procurement pref parliamentary inquiry. lic business is done in the public view. erences; The PRESIDING OFFICER (Mr. BuT There ·being no objection, the article (c) Departments, agencies, boards, com LER of Maryland in the chair). The Sen was ordered to be printed in the RECORD, 'missions, bureaus, and other instrumentali ator from California will state it. as follows: ties of the United States having jurisdiction · Mr. KNOWLAND. What is the pend over, or dealing with,. these matters; ing business of the Senate? · SECRETIVE GOP CABINET, CoNGRESS RUINING (d) Laws, regulations, and practices, and CAMPAIGN PROMISE NOT TO BE official instrumentalities of other nations The PRESIDING OFFICER. H. R. (By Roscoe Drummond) concerned with similar subject matters; 4663, making ·appropriations for the Executive Oflice and sundry independ One of the most :(requent criticisms leveled (e) Pertinent statistics on international at the Truman administration by Republi trade; ent executive bureaus, boards, commis can campaigners last fall was that it did (f) Balance of payments, nation by na sions, corporations, agencies, and oflices, not take the people into its confidence, that tion, excessive imbalances, causes, eff_ects, for the fiscal year ending June 30, 1954, it kept information bottled up, that im proposed remedies. and for other purposes. portant agencies of the Governmen·t oper- 1953 CONGRESSIONAL RECORD-· SENATE 5113 ated behind a screen of totally unnecessary . press conference during the past 6 weeks. on public policy and Communist domination secrecy and censorship. They are the Attorney General, Secretary of of certain unions. This comparatively brief These criticisms undoubtedly were exag· Labor, Secretary 'Of the Interior, Secretary statement of 32 pages is the last of a series gerated. Campaign oratory is an occ.upa of the Treasury, and the Secretary of Health, of reports focusing attention on the difficult tional hazard of all politicians. But there Education and Welfare. These failures to problem of how to deal with Communist· was substantial truth in the complaint that . meet the press tend to block off from pub controlled unions whose members are over· too much of the Government was over lic scrutiny large areas of Government op whelmingly non-Communist but who are shielded from the press, that the President erations. Two other members of the Cabi victimized by astute Communists who use was often uncommunicative and evasive, and net--Secretary of Defense and the MSA Ad the trade-union paraphernalia, collective that the State Department was run almost ministrator-have held only two press qon· bargaining, and Government agencies as a. as though it were a private club and foreign ferences during this long period. It is true legitimate cover for their party-line activi policy too precious for the public to be al that the new officials have been busy getting ties. lowed to have the facts. acquainted with their jobs and it is quite Certainly there is no easy way to remove The Republicans promised that things possible that their record of disclosure will Communist leaders from their entrenched would be different if they were elected. improve. official positions in some unions. Several years ago the Congress of 'Industrial Organ ANY DIFFERENT? VIOLATE OWN PROMISE It needs to· improve if the Republican izations ousted a group of Red-controlled Are these things different today? That is unions for following the Communist Party a valid and pertinent question now that the practice in office is not to be allowed to vio late the Republicans' promise ·of what they line. Although by this action the CIO new administration has been in power in cleaned its own house, these unions still both the executive and legislative branches would do when the.y got into office. And when nearly 50 percent of congres exist as independent entities under the same for more than 3 months. And if different, leadership. They had been officially certified how different? sional hearings are secret, this foreshadows a trend which, if it is not reversed, can do by the National Labor Relations Board be A fair and faithful answer to these ques cause at one time or another their members tions cannot fail to concern the press and grave disservice to the functioning of demo cratic government and to the prestige of chose them as bargaining agents and because the voters, because at ·stake is not just the under the Taft-Hartley ·Act their leaders had freedom of the press• but also the right of Congress itself. President Eisenhower's own instinct and signed non-Communist affidavits. the people to know what is going on when Unfortunately, some of these unions have it is going on-not at some time in a future concept of government are strongly on the side of disclosure. He is faithfully prac contracts with employers in sensitive defense expediently selected by some Government plants or industries. And yet the agents of official. ticing his precepts. If the Cabinet as a whole and if the Congress do not follow suit these unions, while disbarred from setting The facts on this important point, as ob foot inside the plants, may meet members at jectively as I can get at them, are these: soon, the Republicans certainly will be· leav ing themselves open to the very charges the gates or confer with their own planted 1. President Eisenhower and Secretary of accomplices at other places. The implica State John Foster Dulles personally have which they so eagerly brought against their predecessors. tion is too plain to need elaboration. opened wide the windows of the White House While there is legal authority for the ahd State Department to let the informa Department of Defense to protect classified tion out and to encourage full discussion COMMUNISM, IN UNIONS information, the Industrial Employment Re- to play upon what they are doing and think view Board, under criteria established by the ing. The President's press conferences •have Mr. HUMPHREY. Mr. President, it Secretaries of the Army, Navy, and Air Force, been consistently meaty and outgiving, and is with a sense of humility and increas finds that "the denial of access program, not once has Mr. Eisenhower backed away ing conviction that I believe my position efficacious as it may be from the point of from pointed questioning by hiding behind on foreign affairs is a correct one. The view o'f protecting classified information, the overused "no comment." Mr. Dulles has nature of the opposition to my views does not in itself substantially reduce the · b.een exceedingly informative. threat of possible sabotage which might be 2. The majority of the members of the adds further confirmation, in my carried out at the instigation of Communist Cabinet, each responsible for operations and opinion, as to their validity. dominated unions. • • • We do not believe decisions which affect the whole country, has I bring to the attention of the Senate that we have the legal authority to go in and been silent, uncommunicative, unusually in an editorial critical of my views appear. remove or summarily exclude potential accessible to the press--certainly as secre ing in the Daily Worker for April 14, saboteurs from national-defense facilities." · tive, if not more secretive, than their pred 1953. This is not.the first attack leveled It should not be concluded, however, that ecessors whom the Republican orators against me by the Communist Party. I the Government has done nothing to protect criticized so sharply in the campaign. welcome the hostility and the opposition itself. ·The report states that effective steps 3. The new Republican Congress is now have been taken against threats to national in the act of building a record of closed of the Communist Party. security, but also points out that additional sessions and secret testimony which makes Members of the Senate will recall that steps can and should be taken. Among these previous Democratic Congresses look like during the time that I was chairman of are (1) the Munitions Board as well as other goldfish bowls. The trend thus far on the Subcommittee on Labor and Labor agencies concerned with security problems Capitol Hill, consciously or unconsciously, Management Relations in the 82d Con should develop specialized competence in has been toward secrecy and away from open gress, the Communist Party bitterly at dealing with the security implications of decisions openly arrived at. Communist-dominated unions; (2) the Bu The evidence, then, is that despite the tacked our investigation of Communist trade unionism. The distinguished Sen· reau of the Budget should study how the vigorous lead given by President Eisenhower various Federal responsibilities in this field and Secretary Dulles and their own resplend ator from Oregon [Mr. MoRSE] brought _ can be sensibly coordinated and, through ent examples, the Republican record toward the attention of the Senate to those the Budget Bureau, the President should ·fulfilling its pledge of open government attacks in the course of a very fine speech consider the development of in-service train openly visible to the people is very uneven during the 82d Congress. That investi ing programs for these various agencies on and that, on balance, there are as many, if gation was a constructive effort to elimi the goals and purposes of Communists in · not more, closed doors in Washington than unions and how· to distinguish the bona fide there were previously. nate Communist influence from the American labor movement. For our militant unionist from the Communist Here are the particular facts which show agent; (3) the Department of Justice should what has been happening-or not happen efforts we received the thanks and appre establish a special unit to deal with cases ing-on this critical front of the Govern ciation of many democratically minded arising out of alleged violations of the non ment: Americans all over the country. Communist oath, witi} effectual liaison rela FACTS I ask unanimous consent that an edi tionships to the NLRB and legislative com· In Congress: From January 3 to March 31 torial which appeared in the New York mittees engaged in Communist inquiries. congressional committees and subcommit Times of February 11, 1953, commenting The Humphrey subcommittee deserves tees have held about 860 meetings and 417 favorably on our subcommittee work·and commendation for a creditabl~ job. Its work, of them have been completely secret, 22 still uncompleted, should be continued by partly secret. an editorial written by Father Benjamin the present Senate Labor Committee, headed. Many of these committees have good and Masse and appearing in the April 25, by H. ALEXANDER SMITH. sound reasons for secret sessions, such as 1953, issue of the America be printed in the appropriations subcommittee sessions the body of the record. (From America of April 25, 1953) and hearings involving military security. There being no objection, the editori· But many are not validly secret--such as als were ordered to be printed in the PUBLIC POLICY TOWARD COMMUNIST UNIONS the hearings on several presidential nomi.;. RECORD, as follows: (By Benjamin L. Masse) nations-and when the total of secret ses Just about every school of thought-lib· sions mounts to nearly 50 percent of all [.From the New York Times of February 11, 1953) eral, conservative, and all the ideological congressional committee work, secrecy is .be shades in between-is dissatisfied with the coming habitual, is becoming dangerous, is COMMUNISM IN UNIONS anti-Communist section of the Taft-Hartley becoming a vice. Senator HUBERT H. HUMPHREY', chairman Act. Though the dissatisfaction stems from In the executive: Five members, or a ma of the 82.d Congress Subcommittee on Labor a variety of reasons, on one score all hands jority of the Cabinet hav~ z:o~ had a single Management Relations, has released a report are agreed: Section 9 (h), which requires 5114: CONGRESSIONAL RECORD- SENATE May 19 non-Communist affidavits as a condition for several AFL leaders who favored this pro nist union members to oust Communist enjoying the services of the National Labor posal. leaders. They were inclined to agree with an Relations Board, has lost whatever !orce it n industrialist who testified that the unions may once have had. . Some Go'Vernment agency other than hq.ve not really demonstrated their capacity The basis of this general persuasion need NLRB should be empowered to declar-e a tO rid their organizations of Communist only be indicated. ' After nearly 6 years of union Communist-dominated. Upon such leadership. The trade-union witnesses who operation under a law which was supposed a declaration, which would also be subject favored invoking the aid of NLRB or the De to make their position untenable, the Com to due constitutional process, the Commu fense Department to break the Communist munists remain a lively and potent factor nist-dominated union would be liable to the grip on certain unions apparently agreed in the labOr movement. Though not so penttlties mentioned above. with that estimate. strong as they used to be, they continue to Some of the witnesses limited this plan to IV represent about a half million workers in defense industries. others wanted it ex Communist-controlled unions can be ade such key defense industries as electrical tended to an· industries. The Government quately handled by strengthening section 9 manufacturing, longshoring, and copper agency most frequently nominated for the (h) of the Taft-Hartley Act. mining and smelting. They have pockets of job was the Munitions Board within the De As it now stands, section 9 (h) can be strength in other' essential industries, too. partment of Defense. This Board is al'ready easily circumvented because the non-Com How oust the comrades from these places charged with the responsibility of formu munist affidavit r~quirement is couched in of power and potential sabotage? Should lating and policing security regulations in the present tense. To convict a union lead section 9 (h) be firmed up; and, if so, how? defense work. er of making a false affidavit, the Justice Or should it be quietly junked as a well One important precedent was cited for this Department must prove that the affiant was meaning but unrealistic approach to the proposal. In 1948 the Atomic Energy Com a member of the Communist Party on the problem? If it is to be junked, what, if any mission ordered General Electric not to rec very day he executed the affidavit. Accord thing, ought Congress put in its place? ognize the United Electric Workers (Inde ing to the Justice Depa:rtment, that is vir Last year a special su_bcommittee of the pendent) as collective-bargaining agent at· tually impossible, and the record bears the Senate Committee on Labor and Public Wel the Government-owned atomic installation Department out. Out of a total of 68 cases fare set out to find the answers. For the in Schenectady, N. Y. which NLRB has referred to it since 1947, the business at hand, it was just about as knowl Although a few union witnesses supported Department has presented no more than 14 edgeable a group as could be found in the this approach, labor spokesmen were gener cases to a grand jury, and obtained a convic 82d Congress. Senator TAFT, coauthor of ally opposed to any procedure-whether it tion in only one instance. Taft-Hartley, was a member. ·so were the involved the Defense Department, NLRB or To close this verbal loophole, the former three most highly regarded labor experts in any other Federal agency-that would per Attorney General, Howard McGrath, sug the Senate: Senators IvEs, of New York, mit the Government to determine what un gested that labor leaders be required to swear MoRSE, of Oregan, and DOUGLAS of lllinois. ions can represent workers in this country. that they are not now, and for the preceding The chairman was Senator HuMPHREY, who As the late Allan Haywood, then executive 12-month period have not been, members ·or brought to the probe an intelligent interest vice president of the CIO, told the subcom the Communist Party. in the problem and a gift for energetic di mittee: Other witnesses doubted whether thiS rection. "This amounts, whether or not it is so change in wording would be really effective. The subcommittee did a thorough job of labeled, to Government licensing of trade They pointed out that if the law were picking the brains of a large and highly in unions. It means that the Government de amei].ded in this way Communists would go formed group of people. It levied on labor termines which unions are legitimate and through the farce of resigning from the and management, on the professions, and the may continue to function, and which shall party, wait a year, and then resume their universities. The testimony turned out to be be proscribed. Government licensing o! union activities with impunity. The critics so revealing and authoritative that the sub unions would, in our opinion, be justified, if suggested, too, that the proposed change committee's publications-four volumes of ever, only in a desperate situation and as a would not catch the Communists who, over hearings, plus a 32-page summary report to last resort • • • and would inevitably in the past 3 years, have resorted to the quickie Congress-are now the richest available volve thought control, since it would turn resignation dodge and are now functioning source of information on Communists in not on acts but on beliefs and loyaLties." as labor officials. United States labor and what the Govern A spokesman for the Defense Department SUBCOMMITTEE RECOMMENDATIONS expressed doubt that this ·agency had au ment ought to do about them. Confronted with these conflicting pro Before giving the subcommittee's policy thority under existing law to disestablish a union, as the Atomic Energy Commission posals, all supported by expert testimony, recommendations, which this Congress may the subcommittee finally decided that, bar decide to follow, I propose to hit the high did in the General Electric case. And Mr. Herzog of NLRB said that there was serious ring a worsening of the international situa lights of the various suggestions offered by tion, the country should continue to rely on the witnesBes. They fall under four heads. question whether his agency could legally commit itself in advance to recognize any section 9 (h). Persuaded by Mr. Herzog's I such order by the Defense Department, or analysis, its members agreed that NLRB was The National Labor Relations Board should by any other Government agency. It seemed not geared to investigate the truth or falsity be given authority to find that a union is clear from the testimony that if the Defense of the 232,000 affidavits now on file, and could Communist-dominated: This finding would Department was to police unions in defense not be so geared without a serious loss of be subject to due constitutional process, work, Congress would have to give it new efficiency. The subcommittee thought, how that is, the unions so characterized would authority. ever, that NLRB could help put teeth into enjoy the right to appeal to the courts. If Pending before Congress is a bill sponsored section 9 (h) by stronger efforts "to protect. they did not appeal, or if their appeal was by Arizona's freshman Republicans, Senator its own processes from abuse." This it could denied, the unions would be refused access BARRY M. GOLDWATER and Representative do by denying its services to unions under to the services of the Board. Furthermore, JoHN J. RHoDES, which would give to the three sets of circumstances: if the unions had the status of recognized Subversive Activities Control Board the job 1. Where individuals refuse to testify un bargaining agents, the Board would order of fingering Communist unions. This bill der oath before a grand jury or legislative them disestablished and compel employers has a chance of becoming law. committee that they have signed a non to cease dea ling with them. · Communist affidavit, or where they refuse to ru swear that they were not Communists at the Although the Canadian Labor Board has Communist-dominated unions should be time of signing. successfully used this approach to eliminate eliminated by a Government guaranty of 2. Where individuals refuse in similar cir-· Communist-controlled unions above the democratic processes in trade unions. cumstances to testify whether or not they border, our own Board is loath to accept the The assumption underlying this proposal are members of the Communist Party. responsibility. NLRB · Chairman Paul Her is that Communists gain and maintain their 3. Where individuals are convicted of exe zog testified that the Board was expert in hold over unions, as H. W. Story, vice presi cuting a false non-Communist affidavit. collective bargaining,, not in detecting sub dent of Allis-Chalmers, testified, through To encourage unions to rid themselves of versive acJiviti~s. and that to become expert stifling of democratic processes in the elec officials involved in such cases, NLRB would would require special investigative tech tion of officers and in other administrative give them 30 days to purge themselves before niques inconsistent with the open-court pro union activities. This position received declaring them not in compliance with sec cedures of a quasi-judicial agency. He added some sypport from the liberal and labor side tion 9 (h). that the burden of investigating charges of when J. B. S. Hardman, editor of Labor and The subcommittee was aware of the objec Communist domination would delay and Nation, agreed that protection of union civil tion that its recommendations conflicted otherwise interfere with the purposes for rights was at least a partial answer to Com with the constitutional protection against munist control of unions. He told the sub self-incrimination. This is the subcommit which the Board was established. committee that trade unions cannot, by their tee's &nswer: Such informed witnesses ·as David Saposs, very nature, duly protect the civil and demo "It seems to us that the constitutional former chief economist of NLRB, Meryln cratic rights and duties of union members. protection against self-incrimination ought Pitzele, chairman of the New York State Other witnesses were of the opinion that not to become an immunity for Communist Board of Mediation, and Senator MoRSE did Mr. Story was overly optimistic about the union officers from the consequences of bad not share Mr. Herzog's doubts. Neither did wlllingness and ability of all anti-Commu- :faith in .filing non-Communist affidavits. 1953 CONGRESSIONAL RECORD- SENATE 5115 And in any case. the loss suffered by such a democratic society. Their influence shortly after the· aggression took place officers is a disqualification from serving as ought to be completely eliminated from in Korea. officers of a union which wishes to utilize every phase of American life. I pledge the procedures of the law. That the unavail· There being no objection, the resolu ability of the Board's processes is something to continue my efforts in behalf of build tion was ordered to be printed in the less than catastrophic is attested to by the ing and maintaining a free and prosper RECORD, as follows: fact that 2 large and powerful unions (and ous economy, in which those of totali THE SECOND UNITED NATIONS SECURITY COUN• anti-Communist unions, by the way) have tarian faith will find no following. CIL RESOLUTION-JUNE 27, 1950 been able to exist for 5 years without access I shall do my utmost to eradicate all (Resolution concerni~g the complaint of to NLRB procedures." traces of Communist influence wherever aggression upon the Republic of Korea, The subcommittee also had some recom· it may be found, at home or abroad. adopted at the 474th meeting of the Secu· mendations for other Government agencies. It suggested that the Justice Department There being no objection, the edi· rity Council, on June 27, 1950:) set up a special unit to handle section 9 (h) torial was ordered to be printed in the The Security Council- cases, and that this unit maintain close RECORD, as ·follows: Having determined that the armed .at· relations with NLRB and the various c~m HUMPHREY CONCURS tack upon the Republic of Korea by forces from North Korea constitutes a breach of gressional committees concerned with Com· Senator HUBERT HUMPHREY, Democrat, Of munist infiltration. It thought also that the peace; Minnesota, if we may speak figuratively, Having called for an immediate cessation the Munitions Board, the Atomic Energy wears a big button reading: "I am a friend Commission, the FBI, and other security of hostilities; and of labor." By feverishly pointing to that · Having called upon the authorities of agencies should develop special competence button he got himself elected once as presi In the security implications of Communist North Korea to withdraw forthwith their dent of the Americans for Demo~atic Ac armed forces to the 38th parallel; and controlled unions, and that the Budget Bu tion. Now he has got into the act with the reau should coordinate all Government ac Having noted from the report of the Hearst press, John Foster Dulles, Syngman United Nations Commission for Korea that tivities in this field. Rhee, Chiang Kai-shek, and a motley crowd Finally the subcommittee recommended the authorities in North Korea having ~ei· known for their hatred of labor and democ ther ceased hostilities nor withdrawn their that Congress exempt from the affidavit pro racy. to issue a warning against peaceful vision of Taft-Hartley the officials of all armed forces to the 38th parallel and that settlement of our differences with the Soviet urgent military measures are required to re· unions which ban Communists from hold Union, China, and Korea: ing office and enforce the ban. Such a pro store international peace and security; and HuMPHREY issued on Sunday what is de Having noted the appeal from the Republic vision would encourage unions to dump scribed as a "concurring statement" saying Communist officials and would lighten the of Korea to the United Nations for immedi· that the United States should beware of ate and effective steps to secure peace and load on NLRB and the Justice Department. Soviet peace gestures. The gentleman with Perhaps this program, which represents a security, whom he was concurring was none other Recommends that the members of the compromise, is the best that can be had at than Senator ALEXANDER WILEY, Republican, the present time. It seems to me, however, United Nations furnish such assistance to of Wisconsin, who has an unbroken record the Republic of Korea as may be necessary that the forthright way to handle the. prob of voting for every antilabor blll that ever lem, as Senator MoRsE has .said, is to declare to repeal the armed attack and to restore came down the pike. international peace and security in the area. that Communist-dominated unions are not To see the full import of HuMPHREY's trade unions within the meaning of the statement, it sh_ould be read against this (Voting for the resolution: United States, Taft-Hartley Act. If that were done, NLRB background: United Kingdom, France, China, Norway, Ecuador, and Cuba. Voting against: Yugo· would be the logical agency to do the . 1. Newspaper correspondents, public fig slavia. Abstention: Egypt, India (2 days declaring. · ures, and others predict that if a truce aJ:?-d Mr. Herzog, I think, exaggerates the diffi cease-fire are reached in Korea, the way w1ll later India accepted the resolution). Ab· culty of determining whether or not a union be open for relaxing many of the tensions sent: Soviet Union.) is Communist-dominated. To make such a between the United States and the U.S.S.R. Mr. KNOWLAND. Mr. President, I determination is certainly much easier than 2. Many such figures believe-and some to prove that an individual union leader is deplore-that one of the results of such a also ask unanimous consent to have a member of the Communist Party. Actu lessening of tensions will be that Congress printed in the RECORD at this point, as ally, a difficulty would arise only in _the case will reduce the present enormous expend!· a part of my remarks, the text of a reso of scattered local unions affiliated w1th non tures for armaments. lution adopted by the General Assembly Communist internationals. So far as Com 3. Chairman STYLES BRIDGES, Republican, of the United Nations on October 7, 1950, munist-controlled international unions are New Hampshire, of the Senate Appropriations in which that body of the United Nations concerned, they are so well known that the Committee declared Sund!l-Y that the na· Board could easily identify them. called for the unification of Korea. tional budget can be slashed by $8 billion There being no ol;ljection, the resolu It was clear from the hearings that official and that a tax cut by .;ranuary 1 is probable. labor opinion does not like this approach, 4. The CIO called on Congress Sunday to tion was ordered to be printed in the but then official labor opinion does not like increase the Federal income tax exemption RECORD, as follows: · any governmental approach to the Com for each individual from $600 to $800, thus [Document 9 (U.N. Document A/1435) 1 munist issue. Against the background of providing a tax cut for the neediest section AFL and CIO opposition to communism here RESOLUTION ADOPTED BY THE GENERAL of the population. ASSEMBLY, OCTOBER 7, 1950 and abroad, one can agree that ideally the WILEY's statement is obviously aimed at best answer to Communist-controlled unions The General Assembly; pre:venting any reduction in the armament Having regard to its resolutions of Novem· is counteraction on the part of workers and program and therefore any cut in taxes. unions themselves. As the subcommittee ber 14, 1947, of December 12, 1948 and of HUMPHREY, by concurring With WILEY, thUS October 21, 1949; found, however, the unions are not able to lends aid and support to those who exploit de the job alone. Since this is so, they ·Having received and considered the report and bleed labor and takes a stand in opposi of the United Nations Commission on Korea; should not resent Government aid in a tion to labor's demand for a tax cut. matter which seriously concerns not trade Mindful of the fact that the objectives set This is a strange position for a Senator forth in the resolntions referred to above unions alone but national defense, the who likes to advertise himself as a "friend whole general welfare of this country and, have not been fully accomplished and, in indeed, the defense of the free world itself. of labor." particular, that the unification of Korea has not yet been achieved, and that an attempt OPPOSITION TO ADMISSION OF has been :J;llade by an armed attack from North Korea to extinguish by force the Gov AN EDITORIAL IN TilE DAILY COMMUNIST CIDNA INTO THE ernment of the Republic of Korea; . WORKER UNITED NATIONS Recalling the ·General Assembly declara· tion of December 12, 1948, that there has Mr. HUMPHREY. Mr. , President, I Mr. KNOWLAND. Mr. President, in been established a lawful government (the ask unanimous consent to have printed the past few weeks there has been ap Government of the Republic of Korea) hav· in the body of the RECORD, as a . part of parently a growing pressure on the ing effective control and jurisdiction over my remarks, an editorial published in United Nations, at New York and else. that part of Korea where the United Nations the Daily Worker of April 14, 1953. where, to admit Communist China as a Temporary Commission on Korea was able to It is an indication to me that the Com member of the United Nations, either obsene and consult and in which the great munist Party will again campaign before or after a cease fire in Korea. majority of the people of Korea reside, t~at this Government is based on elections wh1ch against me in my State and throughout I ask unanimous consent to have . were a valid expression of the free will of the Nation. The Communists opposed printed in the RECORD at this ppint, as the electorate of that part of Korea and my election to the Senate in 1948, and a part of my remarks, the resolution of which were observed by the Temporary Com I expect and welcome their opposition June 27 1950, which was passed by the mission; and that tp.is is the only such again. They play a destructive role in Security Council of the United Nations Government in Korea; 5116 CONGRESSIONAL RECORD- SENATE May 19 Having in mind that United Nations 8 weeks of the adoption of the present resolu- with him at any suitable opportunity to use armed forces are at present operating in tion by the General Assembly; - their good offices to this end. Korea in accordance with the recommenda 4. Also recommends the Economic and So tions of the Secui'ity Council of June 27, cial Council to expedite the study of long . Mr. KNOWLAND. Mr. President, I 1950, subsequent to its resolution of June term measures to promote the economic de also ask unanimous consent to have 25, 1950, that member_s of the United Na velopment and social progress' of Korea, and printed at this point in the RECORD as tions furnish such assistance to the Repub meanwhile to draw the attention of the au part of my remarks a resolution adopted lic of Korea as may be necessary to repel thorities which decide requ~sts for technical by the House of Representatives of the the armed attack and to restore interna assistance to the urgent and special necessity United States Congress on January 19, tional peace and security in the area; of affording such assistance to Korea; ~951, reading as follows: Recalling that the essential objective of ·5. Expresses its appreciation of the serv the resolutions of the General Assembly re ices rendered by the members of the United Resolved, That it is the sense of the House ferred to above was the establishment of a Nations Commission on Korea in the per of Representatives that the United Nations unified, independent and democratic gov formance of their important and difficult should immediately act and declare the Chi ernment of Korea; task; · nese Communist authorities aggressor in 1. Recommends that-- 6. Requests the Secretary-General to pro Korea. (a) All appropriate steps be taken to in vide the Commission with adequate staff Mr. President, I ask unanimous con sure conditions of stability throughout and facilities, including technical advisers Korea; as required; and authorizes the Secretary sent to have printed at this point in my (b) All constituent acts be taken, includ General to pay the expenses and per diem remarks two Senate resolutions adopted ing the holding of elections, under the aus of a representative and alternate from each on January 23, 1951. The first one reads pices of the United Nations for the estab of the states members of the Commission. as follows: lishment of a unified independent and dem Mr. KNOWLAND. Mr. President, I Resolved, That it is the sense of the Senate ocratic government in the sovereign state of that the United Nations should immediately Korea; also wish to have printed at this point in declare Communist China an aggressor in (c) All sections and representative ~odies my remarks the resolution of the Gen Korea. of the population of Korea, South and North, eral Assembly of February 1, 1951, in be invited to cooperate with the organs of which the General Assembly designated The second resolution reads as follows: the United Nations in the restoration of Communist China as an aggressor in Resolved, That it is the sense of the Senate peace, in the holding of elections and in the Korea. that the Communist Chinese Government establishment of a unified government; There being no objection, the resolu should not be admitted to membership in (d) United Nations forces should not re the United Nations as the representative main in any part of Korea otherwise than tion was ordered to be printed in the of China. so far as necessary for achieving the objec RECORD, as follows: tives specified in subparagraphs (a) and (b) RESOLUTION NAMING THE PEIPING REGIME AS My recollection is that those resolu above; AN AGGRESSOR IN KOREA, ADOPTED BY THE tions were unanimously adopted. I be (e) All necessary measures be taken to GENERAL ASSEMBLY, FEBRUARY 1, 1951 lieve one of them was adopted by a yea accomplish the economic rehabilitation of The General Assembly- and-nay vote of the Senate at that time. Korea. Noting that the Security Council, because Mr. President, in the not too distant 2. Resolves that- of lack of unanimity of the permanent mem (a) A Commission consisting of Australia, future we may be faced with an e:ffort by bers, has failed to exercise its primary re the Chinese Communists to "shoot their Chile, Netherlands, Pakistan, Philippines, sponsibility for the maintenance of inter Thailand, and Turkey, to be known as the national peace and security in regard to way" into the United Nations organiza United· Nations Commission for the Unifi Chinese Communist intervention in Korea. tion. It seems to me that should our cation and Rehabilitation of Korea, be es Noting that the Central People's Govern associates in the United Nations consent tablished to (i) assume the functions hith ment of the People's Republic of China has to any such membership by the Commu erto exercised by the present United Nations not accepted United Nations proposals to nist regime of China, it would be a be Commission in R;orea; (ii) represent the bring about a cessation of hostilities in Korea trayal of the moral foundation upon United Nations in bringing about the estab with a view to peaceful settlement, and that lishment of a unified, independent, and dem which the United Nations rests and · its armed forces continue their invasion of would be a betrayal of the 135,000 Amer ocratic government' of all Korea; (lil) exer Korea and their large-scale attacks upon cise such responsibilities in connection with ican casualties, including more than relief and rehabilitation in Korea as may be United Nations forces there, 1. Finds that the Central People's Gov 20,000 killed, that have occurred in Korea determined by the General Assembly after ernment of the People's Republic of China, up to this time. receiving the recommendations of the Eco by giving direct aid and assistance to those I have prepared two resolutions which nomic and Social Council. The United who were already committing aggression Nations Commission for the Unification and I desire to ask unanimous consent to sub Rehabilitation of Korea should proceed in Korea and by engaging in hostilities to against the United Nations forces there, has mit at this time, and I ask that both Korea and begin to carry out its functions itself engaged in aggression in Korea; resolutions be printed at this point in the as soon as possible. REcoRD, as a part of my remarks. How (b) Pending the arrival in Korea of the 2. Calls upon the Central People's Gov United Nations Commission for the Unifica ernment of the People's Republic of China ever, I shall read only one of the resolu tion and Rehabilitation of Korea, the gov to cause its forces and nationals in Korea to tions at this time. It is in the nature of ernments of ·the states represented on the cease hostilities against the United Nations a Senate resolution, whereas the other Commission should form an interim com forces and to withdraw from Korea; 3. Affirms the determination of the United one is in the nature of a concurrent reso mittee composed of representatives meeting lution, which would require action by at the seat of the United Nations to con Nations to continue its action in Korea to sult with and advise the United Nations meet the aggression; both Houses of Congress. United Command in the light of the above 4. Calls upon all states and authorities to The Senate resolution