16194 EXTENSIONS OF REMARKS May 19, 1970 EXTENSIONS OF REMARKS

CYRUS VANCE, WORLD STATESMAN, that he will find honest discussion in­ In 1962, Cy Vance was named Secretary of CHALLENGES COLLEGE GRADU­ stead of obscene rhetoric, and that he the Army. Two years later, he became Deputy ATES-SERIOUS BUSINESS OF will see gratifying examples of mutual Secretary of Defense and held that post until 1967, when he returned to private law prac­ EDUCATION PARAMOUNT AT SA­ respect between students and faculty. tice. During his Defense Department tenure, LEM AND FAIRMONT COLLEGES For these examples, I congratulate Pres­ he was credited with a major role in reorgan­ idents K. Duane Hurley, of Salem, and izing and improving the combat readiness E. K. Feister, of Fairmont, and their and efficiency of our vast military establish­ HON. JENNINGS RANDOLPH ' devoted staffs. ment. OF WEST VIRGINIA Mr. President, in this atmosphere, the His "retirement" from public service was IN THE SENATE OF THE UNITED STATES commencement address by Mr. Vance at short. He was called by President Johnson Tuesday, May 19, 1970 Salem College, was received with the at different times to serve as the President's careful attention that it deserved. His special representative in the Cyprus crisis, in Mr. RANDOLPH. Mr. President, while profound remarks impressed the audi­ Korea, and during the tragic riots in our ma­ the newspapers give the headlines to jor cities. Cyrus Vance came to be known as ence of approximately 2,000 persons, and "the nation's nUinber one troubleshooter." campus disorders, a great majority of I feel his speech actually deserves a And in May of 1968, he again responded to our 2,500 colleges and universities are much broader audience. a call from President Johnson. He and Averell proceeding with the serious business of Mr. ?resident, I ask unanir... 1ous con­ Harriman went to Paris to begin negotia­ education. sent that Mr. Vance's address, together tions with representatives of Hanoi for an It was my privilege last weekend to introductory remarks I was priv!leged to honorable settlement of the Vietnam war. return to the campus of my alma mater,· How successful the mission was ls yet to be make, be printed in the RECORD. determined. It was, as you recall, difficult, Salem College, for the 1970 commence­ There being no objection, the items in the beginning, to get the North Vietnam­ ment exercises. I also delivered the. com­ were ordered to be printed in the RECORD, ese to even agree to the configuration of the mencement address at Fairmont State as follows: negotiating tables. Today, the two sides are College, in West Virginia. What I expe­ REMARKS BY SENATOR JENNINGS RANDOLPH, at least communicating. rienced was both rewarding and refresh­ INTRODUCTION OF THE HONORABLE CYRUS R. Cy Vance returned from Paris 15 months ing. For I found that the real academia VANCE, SALEM COLLEGE COMMENCEMENT, ago. I assUine that he is keeping a suitcase depends not on the place, but on the peo­ SALEM, W. VA., MAY 17, 1970 packed for another mission when he is ple-and how they interact with ra­ called. His long service as a negotiator of There are men who stand above partisan non-negotiable demands might be in great tionality and responsibility. considerations and narrow viewpoints, and demand on some of our college campuses to­ Salem College, in Harrison County, W. they are acclaimed as true leaders. day, including Yale. Va., was founded in 1888 as an independ­ When such a man is found, he is en­ It is a pleasure to present Cyrus Vance .... ent libera: arts school with the assist­ trusted with a role that transcends the ordi­ A native Harrison countian-a West Virgin­ ance of the Seventh Day Baptist Church. nary and, quite often, his performance of ian who has brought honor to our State--a this role dictates the turn o'f history. great American-a statesman of the world. Its enrollment today is approximately Such a man is Cyrus Roberts Vance, a 1,600. West Virginian who rose to the highest ranks of government, a distinguished lawyer and REMARKS OF CYRUS R. VANCE, COMMENCEMENT Last Sunday there were 212 graduat­ EXERCISES, SALEM COLLEGE, W. VA., MAY 17, ing seniors and, interestingly enough, 164 international statesman. 1970 of them are from outside the State. They Our speaker was born in Clarksburg, the fourth generation of Vance in that city. His Dr. Hurley, Senator Randolph, distin­ came from as far away as California, but great-grandfather was a former mayor of guished guests, members of the Class of 1970 most of the student body is drawn from Clarksburg. His grandfather was a member ladies and gentlemen: It is a special privi~ the surrounding States of the East and of the first Secession Legislature at Wheeling. lege for me to be asked to share this Com­ Midwest. His father, John Carl Vance, was a success­ mencement Day with you. I am particularly There were three distinguished speak­ ful Clarksburg insurance man who moved to moved to be back in the state a.nd county New York soon after Cyrus was born to join where I was born and raised and with old ers during the 2 days of ceremonies. Each and dear friends. I hope that you will bear received an honorary doctorate. They an international firm. The father headed the War Materials Insurance Board during World with me for a few minutes, while I speak are: The Reverend DeWayne Woodring, War I. When Cy was five years old, his father about certain deeply-felt convictions which administrative assistant to the bishop of died of pneumonia. The mother, Amy Vance, I belie~e are both important and relevant the United Methodist Church, of Akron, brought him and his older brother John today. Ohio; John F. Heflin, a native of Dodd­ back to their Clarksburg home. Each of you is keenly aware, I'm sure, of riage County, a renowned educator and Cyrus Vance attended Kent School and what awaits you. There will be greater free­ inspired business management authority Yale University. He was graduated cum laude dom and greater responsibilities-wider who addressed the Centurion breakfast; from Yale Law School in 1942. During World choices and more decisions, and these de­ War II, he served as a gunnery officer aboard cisions will be made in stormy and divisive and tht commencement speaker, another destroyers for almost two years. times. West Virginia native, Cyrus R. VanGe, of He is married to the former Grace Sloane, In recent weeks I have often recalled the Clarksburg and New York City. a gracious helpmate, and they are the parents words of President Lincoln. Perhaps you re­ On most of the small college campuses, of five children. member them. He said, "The dogmas of the reason has prevailed over riots and the After Navy service, "Bobs", as he is known quiet past are inadequate to the stormy pres­ students are unmoved by the turbulence to close friends, joined the Mead Corporation ent ... As our case is new, so we must and turmoil. There are still many bases as assistant to the president in New York think anew and act anew . . ." City, and shortly therea'fter became asso­ This charge, this responsibility of each of scholarly serenity and student con­ ciated with the law firm of Simpson, Thatcher member of each new generation, is especially cern for the necessary but weli-reasoned and Bartlett, one of Wall Street's leading true for us. We live in a society which, participation of youth. firms. despite its many shortcomings is blessed As I told the audience of 2,500 at In 1952 he became a full partner. His legal with more individual freedom than man has Fairmont State College: performance was so outstanding that, follow­ ever known. In creating it, our forebears ing the launching of Russia's Sputnik in drew upon the long-held dreams of many It is particularly critical that we, who are men in many lands. What they really did, older, afford our young people the oppor­ 1957, he was called to Washington to serve as special counsel to the preparedness investi­ 194 years ago, in declaring our liberty, was tunity to seek answers, to express their views, gating subcommittee of the Senate Armed to make the individual sovereign rather than and to use their influence in the develop­ Services Comm.1ttee. Two years later, he was subject. And those who are sovereign are ment of our national policies. Young people named consulting counsel to the Special also responsible. want to do this-and the 7,arge majority of Senate Comm.1ttee on Space and Astronautics Each member of ea.ch new generation, then, them want to do it in an orderly and effec­ where his ability caught the eye of the com­ is responsible for what he, his fellowmen, tive manner. ••• mittee chairman, Senator Lyndon Johnson. and his nation become. They build on the This is what impressed me most about So it was no surprise-except possibly to past. They live in the present. But they must Cy and his wlfe--that late in 1960 he was reach for the future. my visits to these two colleges. It is again called to Washington to serve as coun­ Julian Boyd, editor of The Jefferson Papers, heartening to be reminded that, on many sel for the Department of Defense. He was one wrote not long ago about some of Thomas campuses, the visitor can expect to hear of the first official appointments of Presi­ Jefferson's fundamental convictions. They hymns being sung instead of harangue, dent John Kennedy. are relevant to us today. Jefferson, he said, May 19, 1970 EXTENSIONS OF REMARKS 16195 ". • . expected each generation to confront Franklin said: "I oonfess tbat there are lies in the best use of his talents in the best its own problems and to seek their solution several parts of this Constitution which I interests of his fellowmen. in the light of reason and justice, not of do not at present approve, but I am. not Thank you, and may God bless and keep ancient dogma. The essence of his meaning sure I shall never approve them. For having the Class of 1970 in the years ahead. is that in a society dedicated to improve­ lived long, I have experienced many in­ ment in the condition of man, change was stances of being obliged by better informa­ not only inevitable but necessary, that it was tion or fuller consideration, to change opin­ to be sought out and embraced, and that ions even on important subjects, which I SENATE COMMITTEE REPORTS indeed-whatever laws, institutions and cus­ once thought right, but found to be other­ toms might be discarded by one generation wise . . . the older I grow, the more apt ON NLRB after another-there was in reality, 'noth­ I am to doubt my own judgment, and to ing ... unchangeable but the inherent and pay more respect to the judgment of others unalienable rights of man.' " ... I cannot help expressing a wish that HON. 0. C. FISHER We must seek and embrace change not for every member of the Convention, who may OF TEXAS its own sake. We must seek it to keep our still have objections to it, would with me IN THE HOUSE OF REPRESENTATIVES institutions responsive. ... doubt a little of his own infallibility By molding our institutions to fit chang­ and ... put his nam.e to this instrument." Monday, May 18, 1970 ing conditions, needs, and aspirations we The young bring a questioning, an energy, Mr. preserve the best of the past. When struc­ and an impatience with the status quo­ Mr. FISHER. Speaker, I wish to tures harden, they easily break. qualities which energize society and broaden call the attention of the House to a re­ The important point is that each individ­ the horizons of all, young and old. port on the National Labor Relations ual be concerned with the fundamental A vital ingredient, needed, however, al­ Board issued by a Subcommittee of the· issues, that he seek responsible, flexible, and most above all others, to assure that the Senate Judiciary Committee, the Sub­ compassionate solutions for them, that he new generations make constructive con­ committee on Separation of Powers, take his position upon them. tributions to society, is knowledge. We need around March 1 of this year. For concern and responsibility do not exist criticism, but it must be informed. We need in a vacuum. They exist in the community. This subcommittee is headed by Sen­ dissent, but it must be informed. We need ator ERVIN, of North Carolina, recognized And it is ultimately in the community that new ideas, but they must be informed. We they must be exercised. need new programs and new initiatives, but as a constitutional authority and its President Kennedy once observed, "That in they must be informed with the learning of membership includes, in addition to the a dangerous and trying time in the life of the past and made revelant to the problems North Carolinian, Senator McCLELLAN, this country, there is no substitute for of the present. of Arkansas, Senator BURDICK, of North action. We cannot drift or sleep or lie at But even being informed is not enough. It Dakota, and Senator HRUSKA, of Ne­ anchor." That is clearly still true, and it is is, in fact, worth little-unless you are pre­ braska, all regarded as able men. The likely to be true all your lives. But it is pared to take a stand. equally true that such action should be non­ majo1ity report was signed by Senators violent. For the use of violence is corrupting It need not be a public stand, although it ERVIN, McCLELLAN, and HRUSKA, and and defeats the cause in the name of which can be. It need not be a stand that leads Senator BURDICK dissented. it is used. you to participation in an active movement, Some Members of the House are aware This is where you stand, then, confronting although it can be. But it must be your own stand. It is all too eE.Sy to run with the pack, of this report on the NLRB and its sig­ the problems of your generation educating nificance. But little publicity was given yourselves so that you can seek solutions to take the currently popular positions, fitted to the need and reason of the time. merely because your peers are doing so. Your the :findings and all Members of this body But this--! believe-is not a rootless process. stand must represent your own thinking are busy, day in and day out, with their Rather, it is a new growth on the plants of and your own convictions. own affairs. I hope, however, that all yesteryear, and an infusion of new energy How and where one proceeds from that Congressmen find time to get this docu­ and imagination in the society which now stand depends upon one's particular talents. ment and study it for, sooner or later, I exists. And it depends upon one's particular oppor­ feel that additional legislation dealing As a new generation grows, its roots draw tunities. The individual with the greatest with the National Labor Relations Board sustenance from knowledge of the past; from talent might, in some instances, have the things built well, long ago; and from long­ opportunity to influence only his or her is inevitable. tested values and ideals. The new generation neighbor. One person's talent and oppor­ As is well known, I have been critical can and should question everything, test tunity might permit him to express his con­ of the NLRB in the past. My attention everything, and reach its own conclusions. cern and convictions at a moderate level in was called to actions by this body in my But there is a continuit:, in the affairs of a small community; another at a high level district which I regarded as biased and man. If it is true that many of our problems of government. high handed and with little regard for stem from the errors of the past, it is also As I have previously said, the important the law, itself, the National Labor Rela­ likely to be true that some of the learning point is that you involve yourselves in the of the past is applicable today. And it is cer­ fundamental issues, seek solutions for them, tions Act, As I went into this matter, I tainly true that the price for discarding old and take positions upon them. came to the conclusion, which I still values is the creation of better alternatives. I cannot in this troubled world, at this firmly hold, that the National Labor Re­ Failure to do this is to destroy rather than to time, let this day pa.ss without briefly touch­ lations Board is simply an adjunct of build, and, through building, to help one's ing on two issues which dominate our time. the major unions and that, in particular, fellowman. They are the question of our national priori­ it feels its duty embraces helping th~ There is a need, I submit, to preserve those ties and the war in Indochina. These are AFL-CIO, the UAW, the Teamsters, and old roots from which a revitalized society issues on which all of us have a responsi­ other groups in their never-ceasing cam­ can draw strength to meet the world which bility to take a stand. lies ahead. In this endeavor, you will not be paigns to organize all the workers in this Clearly the time ha.s come for us to reorder country. alone. The biblical allotment of three-score­ our priorities. In this you will and should and-ten means that several generations will play a major role. It will no longer do for In case after case, the NLRB, in my always be living side by side-hopefully in us to continue to starve our budgets--federal, considered judgment, and that of many "peaceful coexistence"-facing the chal­ state, and city-for housing, health, educa­ others, ignored the law and fair play in lenges and opportunities together. There is tion, welfare, and the quality of life. Each its effort to help unionize employees. This an old German proverb which holds that of you in West Virginia knows how much partisanship towards unions is reflected "the old forget and the young don•t know." work needs to be done to revitalize our towns, in many other cases. The task of the several generations, I think our cities, and our rural areas. is to prove this a libel on both counts and My view is the view taken by the In the international area-I believe-we majority of the Senate subcommittee, to merge what they remember and what must find a way to bring to an early end the they learn for the benefit of all. war which has riven our country and polar­ which goes into a good deal of detail in The old do remember some things which ized its people. The expansion of the war citing individual cases which support are worth preserving. Perhaps, above all, its conclusions. However, the attitude they have learned to discount absolute cer­ into Cambodia should be reversed, and new tainty-they know that men can often be initiatives-including the proposal of a of the majority is pretty well summed wrong. This, for example, is a part of what standstill cease-fire-pressed in an urgent up in the iollowing statement from the Benjamin Franklin said in September of new effort to find peace. report: 1787 ~ in urging the adoption of what the Looking ahead, you can see, then, how On the basis of its study, the Subcom­ British statesman Gladstone later called "the much there is that remains to be done. What mittee has found that in choosing between most wonderful work ever struck off at a you must do is do it-do it all. I urge you to confiicting values-in difficult cases and given time by the brain and purpose of continue to turn your attention to public some that are not so difficult--the National man." matters. For the ultimate fulfillment of man Labor Relations Boa.rd has of late unrea.- 16196 EXTENSIONS OF REMARKS May 19, 1970 sonably emphasized the establishment and employer's statements that unionization then went to an election and the union maintenance of collective bargaining and might result in disadvantages to the lost. Nevertheless, the NLRB ordered the strong unions to the exclusion of other im­ workers was unfair but, as the subcom­ company to bargain with the union, portant statutory purposes which often in­ volve the rights of individual employees. mittee reports pointed out: claiming that statements by Berne! Unions unable to persuade a majority of em­ The Union is always free to promise in­ Foam constituted unfair labor practices. ployees to opt for collective bargaining have creased benefits as a result of its efforts. This is a heads the employer loses, tails been able to get the Board to impose it the union wins kind of decision. If the fer them. An the Board has been able to The tendency of the Board to direct an union loses an election to bargain for do this by a freewheeling interpretation of employer to bargain with the union on the workers, it can always appeal to the the statute's more general provisions, by the basis of authorization cards signed NLRB, knowing this agency will lean applying double standards, and by ignoring by employees is emphasized in the report. over backward to help it out. plain legislative mandates. The Board has The Taft-Hartley Act gives "election by In many respects, I regard the Board's also, we find, in matters going beyond rec­ secret ballot" as the only specified means ognition and the establishment of bar­ disregard of the rights of individual em­ for resolving questions of representation ployees as shocking and unjustified. The gaining, giveb. interpret ations to the statute but more and more, the NLRB relies on which reflect an overemphasis on helping Taft-Hartley Act specifically gives an unions impose their will on employers and cards provided they accord with the employee the right to engage in, or to re­ individual employees. The Board clearly wishes of the union involved. fuse to engage in, concerted union a.c­ believes that it knows what is best for em­ I find some remarks from the sub­ tivities. This protection did not extend ployees and -all too frequently subordinates committee report about the insistence of to internal union rights. Under the plain individual rights to the interest of organized the Board upon bypassing secret elec­ labor. intent of the law, as I read it, a union tions-ordered by the NLRA-in favor migut expel a worker from membership These are harsh words but I think, and of cards both interesting and enlighten­ but this should not affect his employment so do a lot of other people wno have ing. I quote: or put him in physical danger. The Taft­ followed the Board's decisions, that they The Board's disregard of secret elections Hartley Act does permit the collection are warranted. as the best means of determining employee of union dues from workers where the In support of its criticism of the Board, choice and its determination to impose union is the bargaining agency, but the unionism whether or not the employees want the majority of the subcommittee points it is exemplified by its decision in Conren States do have the right to ban this com­ out that the agency purports to -~est the Inc., 156 NLRB 592 (1966). Section 9(c) (3) pulsion. Nineteen have done so and are validity of a representation election by forbids the holding of valid elections within called right-to-work States. determining whether it was held in 12 months of each other. The section clearly But the NLRB has trespassed on indi­ "laboratory conditions/' I am uncertain is intended to establish industrial stability vidual rights to the extent that it permits as to just what is meant by "laboratory and peace for 1 year after an election. The the union to fine the worker for such conditions" and the report points out Board in Conren held the employer violated things as refusing to cross a picket line, "this concept of 'laboratory conditions' 8 (a) ( 5) when he refused to recognize a or for exceeding union imposed work union with authorization cards from 28 of has no counterpart in American political 53 employees 9 months after the union lost limitations. practice." a valid election. The Board's holding that NLRB and union supporters point out If we examine the Board'n rulings in the employer did not have a good faith doubt that many of the decisions which man­ certain key cases, we will find that the as to majority status seems unbelievable in agement has complained about have been determination as to whether a represen­ light of the previous election and the slim upheld by Federal courts, including the tation election was held under "labora­ majority of authorization cards. Indeed, Supreme Court. These decisions are the tory conditions" gives the NLRB an ex­ given the Board's experience, as reflected in law, it is true, but I would remind Mem­ Chairman McCulloch 's speech, on the unre­ cuse to do just about anything it wants to liability of cards, an employer who recog­ bers of this legislative body that the do. The validity of an election is deter­ nized a union on the basis of 28 cards with courts, and the Supreme Court among mined aLo whether either party com­ 53 employees might more plausibly be found them, have changed their rulings-the mitted a preelection unfair labor practice to have committed the unfair labor practice law-many times. There has been a con­ which affected the election. If an em­ of recognizing a minority union. troversy about the Federal Court for ployer is not guilty of a preelection un­ years, with many we11 informed attorneys fair labor pratice, in the opinion of the The reference to Chairman McCUL­ believing that the courts are legislating NLRB, he is always vulnerable under the LOCH is to the Chairman of the National and going far beyond the meaning of "laboratory conditions" formula. Labor Relations Board, who emphasized the statute through interpretations that In Peoria Plastic Co., 117 NLRB 545, the unreliability of authorization cards are strained and unrealistic. As a matter (1957) the NLRB ruled that if an em­ in a speech in 1962. of fact, the decisions of the Supreme ployer called all or a majority of his em­ The subcommittee report continued: Court in both civil and criminal areas ployees into his office to urge them to And yet the Board does not give serious have become matters of national concern reject the union, this action was sufficient consideration to the efficacy of a rerun secret and controversy. As is well known, the to upset election. This verdict also ap­ election. It issues bargaining orders based solely on authorization cards from a bare recent rejection by the Senate of two plied to calling them into the office in­ majority of employees whenever it can in Supreme Court nominations of Federal dividually. or calling upon them at their Bemel Foam cases. The Board not only relies judges from Southern States revolved homes to urge them to vote against on what is conceded by everyone, including around the attitude of the Court. The unionization. Mr. McCulloch, to be a generally unreliable fundamental question was whether the But in Plant City Welding and Tank indicator of employee opinion but it also Highest Tribunal should interpret the Co., 119 NLRB 131 0957) the NLRB held has constructed rules which minimize the Constitution and legislation broadly or that calls by union organizers at the impact of evidence indicating that in par­ whether it should confine, itself, gen­ ticular cases that cards were secured by ques­ home of employees to urge them to vote tionable conduct. The Board requires, for erally speaking to a more strict con­ for unionization did not destroy "lab­ instance, that eaeh card be invalidated indi­ struction. oratory conditions." vidually by proof as to how it was secured. To those who defend the NLRB by Section 8(c) of the NLRA holds that It gives no consideration to the totality of Pointing out that most of the rulings in speech alone cannot be the basis of an the atmosphere. It permits union organizers the labor field of that body have been unfair labor practice charge unless it to indulge in the pretense that the purpose upheld by the Courts, let me point out a coerces or promises some benefit. The of the cards is merely to bring about an elec­ couple of things on my own. definition of coercion is, of course, diffi­ tion and will not invalidate them unless it was represented that was the sole purpose. In most instances, the Court refuses cult but it is clear that the Board has See NLRB v. Golub Corp., 388 F. 2d 921, 923 to examine the fact...c; involved, relying moved toward ever-increasing restric­ (1967). on the so-called expertise of the NLRB tions on employer speech. In this connec­ in the labor field. Let me give you an tion, NLRB v. Golub Corp., 388 F. 2d 921, The original Berne! Foam decision was example of what I am talking about. 926 (1967) is referred to, with the com­ handed down in 1964 and gave rise to a For several years now, the courts, the ment that the Board "has gone the limit series of so-called Bernel Fo&m cases. Supreme Court among them, have held and beYond in finding a coercive impact Berne! Foam, a Buffalo, N.Y., based firm. against J. P. Stevens & Co., one in isolated and relatively innocuous re­ refused the request of the Textile Work­ of the largest national textile concerns, marks by employers." In the Golub case, ers Union of America to bargain on the in cases arising from the effort.s by the for example, the NLRB found that the basis of authorization cards. The matter Textile Workers Union of America, AFL- May 19, 1970 _EXTENSIONS OF REMARKS 16197

CIO affiliate, to organize Stevens workers. Justice Black dissented strongly, saying, was ordered to be printed in the RECORD, In almost every case which has come in effect, that union rights had been as follows: before it, the NLRB has ruled that placed ahead of individual rights. Even POWER TO WHAT PEOPLE? Stevens was guilty of unfair labor prac­ the Washington Post, regarded as ex­ (By Kenneth Crawford) tices. Insofar as I recall, in every case tremely liberal in viewpoint, could not The 75,000 or so young people who gathered which has been decided thus far by stomach the majority opinion handed in the Ellipse behind the White House to say the courts, Stevens has lost. down by Justice Brennan. The Post said: that they disapproved of military raids into As a result, the word has spread far The answer of the dissenters . . . ( Jus­ Cambodia and continued war in Vietnam and wide that Stevens had violated the tice Black and others) is pointed and severe. have gone their way-"Right on," presuma­ law and without knowing the back­ The real reason for the Court's decision bly. Serious, efficient and near-heroic mar­ ground, the average person would draw is its policy judgment that unions, espe­ shals among them kept the vandal minority the conclusion that the textile company cially weak ones, need the power to impose in check. Most of the demonstrators behaved fines on strikebreakers and to enforce these well in their own strange fashion. Having has stubbornly and willfully refused to let fines in Court. The dissenters go on to say done their thing in Wa..shington, they re­ its employees join the union. But this that the Court has written this new proviso turned to their campuses, some to resume old matter, if one goes into it, is extremely into the law despite a strong and clear pur­ strikes or start new ones, others to make complicated and illustrates the length to pose of Congress to leave the worl':ers wholly serious political plans. which the NLRB will go in helping the free to determine in what concerted labor It cannot be said this time that the unions organize employees. activities they will engage or decline to demonstration was irrelevant or wholly in­ Examiners for the NLRB questioned engage. effectual. Administration officials and mem­ witnesses for the company and witnesses The Ervin Subcommittee report goes bers of Congress listened. The announcement for the union at length. Both had the that U.S. troops would be out of Cambodia ahead to comment that, extending the by the end of next month was a concession support of formidable lists of reputable Allis-Chalmers rationalization, the Board of sorts. Speakers at the rally, Jane Fonda persons but, curiously enough, or maybe since has permitted "a union to disci­ through David Dellinger, made no notable it is not so curious after all, the ex­ pline a member who invoked the proc­ impression, but delegations of students bent aminers said they believed the witnesses esses of the Board in order to obtain a on "dialogue" rather than "confrontation" for the union but did not believe the wit- · decertification election." did. Some even accommodated themselves to nesses for the company. Or to state it I will not try to detail other sections the realization that to be heard isn't neces­ another way, the dice were loaded against sarily to be immediately heeded. The 75,000 of the report which should be examined in the Ellipse naturally pretended to speak the company on the very first throw. I by everyone interested in labor relations. for all 200 million Americans. They, of course, am making a strong statement but I can Some of the interesting discussion con­ didn't, but their cause probably enlisted put no other interpretation on the ruling cerns unit determination, the duty to more sympathy than ever before. by the NLRB that all the witnesses for bargain, organizational picketing, hot one side lied and all the witnesses for the BACKLASH cargo clauses, and judicial review. What seems quite clear from various sam­ other told the truth. There were, how­ The influence of politics on the Board plings of attitude, and the mail congress­ ever, no charges of perjury brought. One is gone into frankly and suggestions are men and senators are getting, is that the examiner for the NLRB did try to explain made as to alternatives to the NLRB antiwar majority, if it is a majority, wants why one group would falsify en masse. as it exists today. to speak for itself, not to be spoken for by What he came up with was that the wit­ I am not calling attention to the sub­ college students, be they obstreperous or re­ nesses for the company believed so committee report in justification for the strained. Indeed, many who dislike the war strongly that they were doing the right stand I have taken that NLRB is dan­ dislike the students even more. An entirely thing in opposing unionism, or support­ predictable backlash against campus disrup­ gerously unfair. I simply want to em­ tion is being felt even on campuses. Serious ing the company, that they were willing phasize that I am only one of many who students, especially needy students trying to to lay aside ordinary moral convictions feel that something needs to be done prepare themselves for careers, resent the and lie, just as men are willing to put about this problem, a problem which will often well-heeled, fake proletarians who are aside ordinary moral convictions against not go away. denying them access to classrooms. On some killing in time of war. The appointments to the Board which campuses they have forced resumption of A fantastic explanation. To accept it will be made by President Nixon may normal operations. one must presuppose that opposition to change the biased prolabor attitude of Off campus, the worst outbreak of resent­ unionism among a majority of the ment against students wa..s the demonstra­ the NLRB but what we need is a body tion of hard-hat construction workers in the Stevens employees amounts to fanati­ which deals with the National Labor Wall Street district of New York. The spec­ cism. I do not think either the union, or Relations Act in an impartial spirit. tacle of burly working men mauling stringy the NLRB, would like to accept this Congress has attempted, through two school boys, disguised in beards, was not theory, even though it was put forward major legislative revisions, to change the edifying. But an angry worker, shaking a by a Board examiner. Certainly, however, obvious prolabor letter and spirit of the thick finger into a television camera, ex­ there is a strong sentiment against original Wagner Act. Yet, we find that plained himself by charging that these kids, unionism among Stevens employees. getting the breaks he never got, had the gall the NLRB and the courts have insisted on to taunt him and his kind, hard-working Otherwise, with the help of the Board revising what Congress has tried to do people whose dignity was not to be affronted. and the tremendous resources available and the bias remains. This whole area The violent march was applauded from office to the union, Stevens would have been is too important to the Nation's economy windows and by noonday crowds on the side­ organized years ago. to let this situation continue. walks. I mentioned the fact that the NLRB The Wall Street incident said something had trespassed on the individual rights about this year's political alignments. Many of the worker. Let me illustrate the ex­ students, resolved to make another try at tent to which this trespass has gone. POWER TO WHAT PEOPLE? working within the system, as they did dis­ appointingly in the McCarthy campaign two The NLRB ruled that it was not an un­ years ago, are cutting their hair preparatory fair labor practice for a union to fine a to canvassing for "peace candidates" in the member who continued to work during HON. BARRY GOLDWATER Congressional elections. They are already a strike called by the labor organization. OF ARIZONA constituting themselves a lobby to promote The Board did not say that the mem­ IN THE SENATE OF THE UNITED STATES resolutions now before Congress to cut off ber had the option of leaving the union funds first for operations in Cambodia and rather than to pay the fine. He was Tuesday, May 19, 1970 later for Vietnam itself. How a senator or rep­ given no such alternative and the union Mr. GOLDWATER. Mr. President, Mr. resentative v.otes on these measures will de­ was told, in effect, to impose its will. Kenneth Crawford, who writes for News­ termine his eligibility for student support. This case, which went to the Supreme week magazine, has written a very DILEMMA Court in NLRB against Allis-Chalmers thoughtful, to the point column, "Power Most members of Congress have a position Manufacturing Co. et al., is famous in To What People?" which appears in this on the war, but not all of them have adver­ week's issue of that magazine. tised it. They believe either that the Presi­ the long line of Court decisions on labor dent, as Commander in Chief, should be matters. Or perhaps, I should say, in­ I ask unanimous consent that it be trusted to withdraw U.S. troops from Indo­ famous. The Supreme Court upheld the printed in the Extensions of Remarks. china as Vietnamization proceeds or that his Board ruling but the decision was 5 to 4. There being no objection, the article hand should be forced by drawing in the 16198 EXTENSIONS OF REMARKS May 19, 1970 purse strings. eut-off resolutions will force The late, great, beloved Hoosier jour­ DePaolo, Lockhart, Shaw, Meyer, Hartz and those who have been merely passive to come nalist, Ernie Pyle, once wrote of the Hepburn were continuing to write 500 his­ out from behind the bushes. The resulting 500: tory, the Speedway was old to Captain E. V. political dilemma is obvious. Should a candi­ "Eddie" Rickenbacker and his associates. date for re-eleetion play up to hard-line, or to I've felt the great 500-mile auto race at Rickenbacker, noted World War I flying ace, student sentiment? Will student doorbell Indianapolis was the most exciting event-­ remained in control throughout the depres­ ringers help or hurt? For many, this choice in terms of human suspense-that I've ever sion years, preserving the color and tradition will not be an easy one. known. of the 500-million race despite .financial and Some have been swept up by the hysteria Let us see the story behind the event, economic problems. His reign over the Speed­ of the Cambodian moment or intimated, as way continued until the advent of World so many college faculties have been, by the as told in the words of Speedway officials War II, when racing was suspended for the student stampede. They may be caught in a themselves: duration. In 1945, following Japan's sur­ reaction, already setting in, 1f and when the INDIANAPOLIS MOTOR SPEEDWAY: HOME OF render, the Speedway was purchased by success of the sanctuary clean-out is fully THE 500-Mn.E RACE Anton Hulman, Jr., of Terre Haute, Indiana, recognized. As students simmer down and The Indianapolis Motor Speedway, incor­ under whose control the big plant has flour­ disperse for summer vacations, high-tension porating a two and one half mile race course ished throughout the past twenty-four years. polarization wm diminish. Issues other than inside a. 571-acre site just west of Indianap­ Under Hulman's control the Speedway was the war will command attention. May's polit­ olis, became a reality in 1909, when four men developed far beyond the wildest dreams of ical atmosphere may not be November's. Elec­ -Carl G. Fisher, James A. Allison, A. C. race fans and the racing fraternity. Wilbur tions, as they always do, will restore power Newby and Frank H. Wheeler-pooled their Shaw, former three-time winner of the 500- to the people. But what people get it and ideas and resources to create what has be­ mile race, was named president and general how they use it may disappoint the slogan­ come the greatest race course in the world. manager under Mr. Hulman, and served until eers as much as 1968's outcome did. The track sur!ace, originally crushed his death in a 1954 plane crash. stone and tar, was opened for competition One of the first major changes to the track on August 19, 1909, for three days of sprint itself was the resurfacing program under the racing and the great Barney Oldfield set a. Rickenbacker regime during the 1930's, when MEN, CARS, AND SPEED: TONY new world's record !or a closed circuit course all but the main straightaway was paved with HOLMAN AND THE "500" when he drove a Benz at an average 83.2 asphalt. Under Mr. Hulman many more im­ mph for one mile. After those initial con­ provements and changes have taken place, tests, however, the founders realized that a. eight of the nine wooden grandstands have HON. WILLIAM G. BRAY paved surface was necessary for the safety been placed with structures of steel and con­ crete, and new stands have been added, as OF INDIANA and protection of the drivers. Work was be­ gun immediately and a. total of three mil­ well as a new museum-office buiding near IN THE HOUSE OF REPRESENTATIVES lion, two hundred thousand paving bricks the main entrance to the grounds. The main Monday, _May 18, 1970 went into the huge projeet, which was com­ straightaway also was paved With asphalt ,tn pleted in time for a series of sprint races on the fall of 1961 and the remainder of the Mr. BRAY. Mr. Speaker, the tension December 18 of the same year. track was resurfaced in 1964 and the summer at the Indianapolis Memorial Speedway of 1969. FIRST "soo" YN 1911 on Saturday, May 30, 1970, will mollllt The first; 500-mile Classic wa-s held in 1911 CONTROL TOWER BUILT IN 1957 into an almost unbearable crescendo and the winner, driving a six-cylinder Mar­ Major changes made in an expensive im­ starting at 6 a.m. when the gates open mon Wasp at an average speed of 74.59 mph, provement program prior to the 1957 event and the stands and infield begin to swell was Ray Harroun. Since that time, except included the removal of the historic Pagoda with hundreds of thousands of specta­ for war years, the annual Classic has grown which had been a Speedway landmark since tors from all over the world. to become the world's greatest sports event. the early 1920's. It was replaced by a mod­ At 10:30, the cars are on the apron, At the same time, the fa.med race course has ernistic, steel and concrete Tower Terrace in front of the pits. fulfilled the ideas of its founders by leading which seats approximately 14,000 people and the parade of progress for the entire auto­ houses vantage points for official timers, At 11, the bands parade in front of motive industry. Through the courage and scorers, members of the press and radio, and the pits and tower, on the mainstraight­ untiring efforts of the drivers and mechanics the safety director. This seating section is away. of Gasoline Alley, who annually prove new designed so as to give spectators the best pos­ At 11 :50, hundreds of brightly colored ideas and equipment in the 500-mile race, sible view of activity. Located adjacent to the balloons soar upward into the Indiana the automotive industry has benefitted garage area, it is surrounded by a walkway sky. greatly. High compression engines, four which affords fans a closer view of the cars At 11 :53, Mr. Tony Hulman, president wheel brakes, hydraulic shock absorbers, and garage activity. Strolling along the walk­ torsion bars, fuels and lubricants, various way, spectators now have an excellent op­ of the Indianapolis Motor Speedway, chassis designs, safer tires, better spark portunity to meet and talk with many of the SPeaks the world-famous command, most plugs, better piston rings, lighter a.nd more drivers and personalities on practice and time thrilling in all auto racing: "Gentle­ durable metals, fue1 injection, magnesium trial days. men, start your engines!" Starting wheels, and many other features adding to Also included in the improvement program mechanisms whine; engines cough into the safety and comfort of present day pas­ was the remodeling of the pit area proper. life; blue smoke from the exhaust spirals senger cars, were developed on the Speed­ This section was greatly enlarged, giving into the air; 33 cars, the apotheosis of way. crews 100 per cent more working room be­ motor engineering skill and design thun­ From a. strictly-racing standpoint, the em­ hind the safety of a concrete retaining wall phasis since 1961 has been placed on the de­ and a 15-foot grass plot- which separate the der their hoarse challenges to each other, velopment of light-weight rear-engine cars; pit area from the actual track. A pit drive­ the sound reverberating across the track and turbine powered cars were strong con­ way, 35-feet wide, gives drivers a safe route and around the world. tenders for premier honors in 1967 and 1968. to and from the pit area where their ca.rs are 11 serviced. One minute later, at :54, they move PROGRESS OF THE SPEEDWAY out in 11 glistening, glittering rows of A new double-decked steel and concrete Over a period of 61-years, many changes Paddock Grandstand at the starting line was three each, behind the pace car, for the and improvements have been made to the pace lap at a steady 100 miles an hour. completed for the 1961 Golden Anniversary Speedway, including two changes in man­ "500" and was enlarged in 1963. New grand­ Into the southwest turn, low on the inside agement, with emphasis placed primarily on stands also have been built outside the No. 1, and riding high on the banks of the facilities for the safety and convenience of No. 3 and No. 4 turns. "Brickyard," across the south end of the spectators and participants alike. The actual The track ttself varies in width from 50- oval, into the southeast turn and up the race track, however, has remained virtually feet on the straight stretches to 60-feet on backstretch, as the crowd, on its feet and unchanged and it still serves as an accurate the turns. Ea.ch of the four turns is banked roaring, watches them pass as in a grand measuring stick for automotive progress al­ 9 degrees and 12 minutes, and they measure though most race fa.ns apparently are inter­ a quarter-mile in length. The front and back review. Across the north end of the track, ested primarily in the performance of out- into the main stretch, the tension climbs; stretches measure % of a mile while the short standing drivers who have earned their par­ straightaways at the north and south ends then, past the control tower, the green ticular admiration. are Ya of a mile long. From the air, the course flag snaps down, and the pace car pulls During the early years ~ the Indianapolis appears as a. giant rectangle, measuring two aside. Released from the restraint of Motor Speedway, the names of DePalma, and one-half miles, contained in the 571 the pace lap, 33 throttles are pushed Dawson, Mulford, Milton, Chevrolet and acres, which also house a. 27-hole golf course. toward the firewall, and the cars plunge Resta, through their memorable deeds behind Reserved seats are available for more than ahead in a snarling, charging pack. As the wheel made an Indelible im.pression in 200,000 spectators and an additional 125,000 the clock marks 12 noon, the 54th annual the hearts and minds of the motoring public. can be accommodated in the infield where Indianapolis 500-mile race is underway. In 1927, when such men as Souders, there is also room for 30,000 automobiles. May 19, 1970 EXTENSIONS OF REMARKS 16199

THE FABULOUS 500-MILE RACE with 30,000 cars parked in the infield alone. race driver ever to win a. European Grand Since 1911. the 500-Mile Memorial Day Busses and taxicabs also carry many thou­ Prix event. Other former winning cars in­ Classic has been an annual affair. Only the sands of spectators to and from the track. clude the Italian Maserati which Wilbur war years of 1917-18 and the 1942-45 have The starting field for the International Shaw drove to two of his three victories; disturbed the running of this famed inter­ 500-mile race ts open to the fastest thirty­ Louis Meyer's 1928 Miller Special; the fa­ national contest. The 1969 race, won by Marlo three cars, and these are determined by four­ mous Lou Moore Blue Crown front drive, Andrettl at a new record speed of 156.867 lap (ten-mile) qualification runs timed to chauffered to victory in 1947 and '48 by Mauri miles an hour, was the 53rd Classic held at one-one hundredth of a. second by an elec­ Rose; Lee Wallard's 1951 winner; the car Bill the Speedway and Mario's share of the tric timing device. Four days (two weekends Vukovich drove to consecutive victories in $805,000 purse was $206,727, also a new prior to race day' are allotted as qualifying 1953 and '54; the Belond Special which Sam record. days. Each entrant is allowed three chances Hanks and Jimmy Bryan used to win in 1957 to make a time trial, and the lineup for and 1958, respectively; and the Sheraton­ In the period from 1911 to 1969, excepting race day is determined through speeds Thompson Special in which Foyt scored his the war years, there have been 42 different posted by each qualifier. Cars qualifying the 1964 triumph. The Shaw car, an eight cylin­ winners. Four men Louis Meyer, Wilbur der creation, was the last foreign-powered Shaw, Mauri Rose and A. J. Foyt have won first day a.re awarded starting positions at the front of the field with number one or automobile to win the 500-mile race, and three times. Rodger Ward, Tommy Miiton, pole position going to the day's fas~est qual­ the first care to win consecutive. "Indy" and B111 Vukovich have won the race twice. ifier. Cars posting second and third fastest races (1939-1940). Clark and Hill drove cars In the ea.rly years of Speedway competition, time on the first day, receive number two powered by Ford V-8 racing engines. racing teams from Europe and other parts and three starting positions. The same pro­ Other famous cars from France, Germany, of the world were not uncommon. Foreign cedure is used throughout each day of quali­ Italy and England also are included in the competitors, in fact, won the race in 1913, fications, with cars lining up behind those Speedway display. and '14 and again in 1916. But Clark, the qualified on previous days, until the field is Etchings of each 500-mile race winner make World's Grand Prix Champion from Scot­ full. Then it is possible for additional quali­ up an impressive display in the center of the land, driving a Lotus-Ford, was the first fiers to bump slower cars from the lineup, Museum, in addition to many pictures which European driver since 1916 to score a 500- regardless of the day on which they quali­ tell an interesting story of the Speedway mile victory. Graham Hill of England won in fied, by posting faster speeds. from its beginning to the present. There also 1966. The last foreign-powered car to do it All track activity throughout practice, are trophies-some of them dating back to was an Italian Maserati driven by Wilbur qualifications and the race itself, is 1909-plus medals; early-vintage programs; Shaw in 1939 and '40. Alberto Ascari of Italy, under the strict supervision of United pit badges; the famous Krauss Crown of Jack Brabham of Australia, Jack Stewart of States Auto Club (USAC) officials. From jewels; a huge plaque honoring all members Scotland, Denis Hulme of New Zealand and the time practice begins, on May 1st, of Auto Racing's Hall of Fame; and the first Jochen Rindt of Austria also have added in­ cars on the track are under observation crash helmet worn in the U.S. ternational flavor to the "500" in recent at all times from veteran USAC ob­ Since the Museum was opened to the pub­ yea.rs. servers stationed at vantage points around lic, it has been expanded constantly. Vig­ Speeds, along with new equipment and the two and one-half mile track. Every prac­ orous research and uncounted hours have safety measures, have progressed steadily at tical precautionary measure is taken for the continued to turn up new items of interest the Speedway. Today's four-lap qualification safety of drivers and spectators. for display. Before long, it is expected that record of 171.559 mhp, set by Joe Leonard "ROOKIES" GIVEN STIFF TEST t he Indianapolis Motor Speedway Museum in 1968 and Andretti's 500 Mile record of will be one of the most unique and com­ 156.87 mph in 1969 are in sha.rp contrast Drivers appearing at the Speedwa y for the plete establishments of its kind in the world. with the 74.59 mph average with which Ray first time must pass a strict driving test un­ Already it has become a national showplace, Harroun won the 1911 Classic. Through the der the watchful eyes of USAC officials and with persons from ea-eh of the 50 states as years, competing cars have become faster veteran drivers. Even though a driver may well as visitors from every continent passing and safer through the efforts and ideas of have years of racing experience elsewhere, through its portals. The Museum is open to racing men directly responsible for many of he is required to take this test before at­ the public free of charge, from 9 a.m. to 5 the pleasures we enjoy in our p8.5Senger cars tempting a qualification run. Officials deem p.m. daily. today. this necessary since speeds and driving tech­ Admission to the Speedway grounds also TICKET INFORMATION niques at Indianapolis differ greatly from is free of charge except during the month Although the 500-mile race comes only other types of racing in this country. Driv­ of May, when a nominal charge is made dur­ once annually, preparations and pre-race ac­ ers failing to pass their "rookie" test are ing the practice and qualification periods. tivity are full-time projects for both the usually advised to obtain more experience Visitors are welcome daily, including Satur­ participants and Speedway management. and try again the following year. day and Sunday, from 9 a.m. to 5 p.m., and Entries are accepted from early January un­ Race day at Indiana.polis is the climax they may go into Grandstand E near the til April 15, and more than 70 usually are to months of preparation and tense excite­ main gate, in order to get a good view of received eac:h year. Ticket orders are a-e­ ment. The pre-race activity, the colorful la.st the grounds. From this location it is possible cepted at the Speedway office by mail, be­ minute preparations, and the roar of thirty­ to see most of the track as well as the ga­ ginning July 1st each year, and thousands of three powerful automobiles taking the start­ rages and pit area. When the cars are not run­ fans make ticket reservations on that date. ing flag, provide a thrill unmatched any­ ning on the track, visitors may ride around Over-the-counter sales begin after all mail where in the world. A quotation written by it in one of the Speedway's buses for a nom­ orders for tickets have been filled. Ticket Ernie Pyle-"I've always felt the great 500- inal charge of 25 cents. order blanks, showing seat locations and mile auto race at Indianapolis was the most prices are always available to fans calling exciting event-in terms of human sus­ Let us look, for a moment, at the man in person or writing Indianapolis Motor pense-that I've ever known". behind all of this: Anton "Tony" Speedway, Speedway, Indiana 46224. During a race, pit crews refuel a car and Hulman: change all four tires if necessary in the phe­ The Speedway maintains a permanent year nomenal time of 24 or 25 seconds. He is one of Indiana's most prominent round staff of about one-hundred persons, One of the most treasured points of inter­ leaders in business and industry, and has but this is augmented as demands require est to Speedway visitors is the Musuem, lo­ maintained a constant interest in sports until Race Day, when thousands more are cated in the east wing of the office build­ since he first attracted attention as an involved. For example, the Speedway hires ing at the main entrance to the grounds. a Safety Patrol of approximately 2,400 men outstanding athlete at Worcester Aca­ Opened in May 1956, just prior to the race, demy and Yale. Hunting and deepsea each year during the month of May. There the Museum contains an array of interesting are seven first aid tents and twelve am­ exhibits including race cars that have con­ fishing are his favorite forms of recrea­ bulances with a personnel of more than 100 tributed to 500-mile race history throughout tion today, but he still has all of the en­ to man them. In the main hospital and in the past 58 years. To thousands of visitors thusiasm and aggressiveness which char­ the stands, more than 250 doctors and nurses passing through, these exhibits offer a link acterized his performance in more are on duty. with the early history of the internationally strenuous sports during the athletic A large number of other organizations also famous 500-mile Classic. work with the Speedway staff, such as Bell "boom" which followed World War I. Telephone Company's 135 men and women, THE 11 WINNING CARS ON DISPLAY At Worcester, in 1919, Tony earned Western Union's 50 operators, and the group Among the prominent cars on display are recognition as the best schoolboy pole of some 350 representatives of the United 11 former winners, including the famous vaulter in the United States while en­ States Auto Club who conduct the race. Marmon Wasp with which Ray Harroun won gaging in other sports with almost equal Drivers, mechanics and pit crewmen num­ the first 500 in 1911; the National which Joe success. Two years later he represented ber about 600 while an additional 100 men Dawson drove to a record victory in 1912; are occupied with official timing of the race. ,and the French Delage with which Rene Yale in an international track meet at In addition, there are 350 city, county, state Thomas won in 1914. In addition, there 1s Boston, when the combined Yale-Har­ and Speedway City police and Marion County the Duesenberg which Jimmy Murphy drove vard squad met the Oxford-Cambridge deputy sheriffs, plus 250 firemen. A site or to Victory Lane in 1922-the same car in forces from England. In 1923 he won the 571 acres 1s transformed into a. city of ap­ which he won the French Grand Prix at Le international high hurdles champion­ proximately 300,000 persons on Race Day, Mans, France to become the first American ship in a similar event at Wembley, Eng- 16200 EXTENSIONS OF REMARKS May 19, 1970 land; and he also starred at end on the began preparation for the first important FROM: TO AMERICA'S DEFENDERS Yale football team. automobile race in five years. There was too little time to create much in the way of (By J. C. Burton) Tony's principal responsibilities now new equipment. The necessary replacement O! my sons, give heed to the gods of speed are as president of Hulman & Co. at parts for the pre-war cars also were extremely When they call on you today; Terre Haute, Ind., the Indianapolis Mo­ scarce, but a field of 56 entries finally was There's a race to be run from the starting tor Speedway, and the Coca Cola Bot­ assembled. gun tling Co. of Indianapolis. Some of the wooden forms used in the con­ struction of new concrete grandstands still Till the bolts and nuts give way; At Hulman & Co. he is carrying on the And the call to flight is a challenge old business founded by his grandfather, but were in place on the morning of the race as the largest crowd in the history of the From the men who dare to the men who're he has devoted almost an equal amount sport createc. a gigantic traffic jam while bold. of time to the Indianapolis 500-mile race "storming the gates" to be on hand for the 0 ! my sons, give heed to the gods of speed, since he acquired the famous race track long-awaited resumption of big car cham­ For they call on you again; in November of 1945. As the world's pionship competition. Many ticket holders, If you give your best in this crucial test, greatest sports spectacle, the annual caught in the worst of the incredible con­ Then our hopes will not be in vain; event attracts approximately 300,000 gestion, didn't reach their reserved seat lo­ And the call to flight is a challenge rare spectators; and the participants com­ cations until the ra-0e leaders already had From the men who're brave to the men who passed the 300-mile mark. By that time, most dare! pete for prize money in excess of $700,- of the highly-regarded "chargers" already 000 each year on May 30. were on the sidelines and the contest had Tony also serves on the board of di­ developed into an endurance test with rectors of many important industrial and George Robson and Jimmy Jackson battling public utility firms throughout the Wa­ for first place. A FIGHT TO THE FINISH bash and Ohio River Valleys; he is asso­ Only eight other starters still were run­ ciated in various capacities with several ning when Robson crossed the finish line in of Indiana's educational institutions; an eight-year-old race car. Jackson, in an HON. EDWARD J. DERWINSKI entry of similar vintage, trailed by only 34 OF ILLINOIS and is active in numerous civic enter­ seconds; but he had a lead of more than prises. seven laps on Ted Horn in third place. IN THE HOUSE OF REPRESENTATIVES The following, from the official 1970 The "500" purse reached six figures for Monday, May 18, 1970 speedway souvenir program, tells how the first time in Speedway history as race this outstanding Hoosier has con­ participants shared $115,450 at the victory Mr. DERWINSKI. Mr. Speaker, I have tributed so much to the great sport of dinner on the following night. Then, under been especially interested in the edi­ auto racing, and to his State: Tony Hulman 's guidance, the Speedway torials carried over WGN television 9 management embarked on a long-range plan commenting on the problems involved in TONY HULMAN AND THE "500" of expansion with two principal objectives in drug abuse. Its editorial, "A Fight to the As the world's outstanding cars and drivers mind: ( 1) everything possible would be done Finish," emphasizes the fact that it will await the starting signal for the 25th Indian­ for the safety and convenience of drivers apolis 500-Mile Race under the dedicated and spectators, alike; and (2) prize money continue to spotlight the subject and not stewardship of Tony Hulman, there is little would be increased as rapidly as sound busi­ drop it for other headline issues. I com­ resemblance between today's magnificent fa­ ness practices permitted. mend WGN for its determination to stay cilities and those which existed when Tony New entrances to the grounds and a better with this issue and continue to provide assumed control in November of 1945. system of interior roads solved the traffic figures and information on drug abuse After four years of idleness since the last problem for 1947. More steel and concrete which we must do to combat the problem. previous race in 1941 (because of World War grandstands, 18 additional garages and spe­ The editorial follows: II) thickets of tall weeds and young trees cial accommodations for accessory com­ blocked every entrance to the grounds. The panies followed as rapidly as gate receipts A FIGHT TO THE FINISH dilapidated wooden grandstands, almost permitted. Next in chronological order came A broadcast station perhaps comes closest stripped of paint, appeared ready to collapse the new office-museum building, the control to its reason for being when those who watch on the first windy day. Grass grew in the tower, the modern and much safer pit area, and listen understand that it cares. crevices between the bricks which formed the Tower Terrace seats, electric scoreboards, the The air waves can be impersonal. Broad­ actual racing strip. But, with the same pio­ motel and clubhouse, more tunnels and casting can be mechanical. But when lives neering spirit which had inspired Carl G. grandstands, a new championship golf course unseen to us here are touched . . . when Fisher and his associates to build the Speed­ and the resurfacing of the race track. people are entertained, informed, and edu­ way in 1909, Tony experienced a compelling Tony also increased the prize money cated as a result of our efforts ... then the desire to accept those conditions as a per­ steadily-to a new record of $805,127 for la-st broadcasting thing is working. sonal challenge. year's international classic--and members of But it is incumbent upon us-the broad­ There were several reasons he might have the racing fraternity responded by building casters-to care. We do. And that is why the sidestepped the issue. The first contractors safer and faster cars. On 17 occasions since week of April 26 thru Sunday, May 2 became he called for consultation, for example, ex­ 1946, the race winner has shattered all previ­ "Anti-Drug Abuse Week" at WGN Television. pressed the opinion that it would be im­ ous records; and Mario Andretti surpassed And now, through your letters, we are possible to refurbish the big plant and re­ Robson's performance by an average speed of realizing how very personal broadcasting can place two grandstands-regarded as unsafe more than 42 miles an hour to set the present be. . for occupancy-in time for a 1946 race on mark of 156.867 a year ago. Teen-agers, using drugs, who--in their May 30. Some of his friends also believed that Civic and business leaders, working to­ minds for this exact moment--have no­ auto racing never again would attain its pre­ gether as members of the "500" Festival Com­ where else to turn, are turning to us for help war magnetism as a spectator sport; and mittee and the Citizens Speedway Commit­ ... to the whole vast complex known as WGN that no amount of money and effort could tee of the Indianapolis Chamber of Com­ ... in letters addressed to "Anyone." re-establish the "500" on a sound econom­ merce, also deserve credit for helping estab­ Anyone. ical basis. This was a challenge of even lish the race more firmly as the world's great­ "I know you will think I am a ridiculous greater magnitude than any others Tony had est sports spectacle. But everything that's teenager." ... "I have a drug problem." "You faced during his career as an outstanding been accomplished by the combined efforts could really help me if you could write me athlete and sportsman and businessman. of everyone involved can be traced to that and tell me where . . . I could talk to some­ Evaluating the importance of the tradi­ November day in 1945 when Tony Hulman one." Or, " ... really I would like to know of tional race as a civic responsibility rather accepted a new challenge as an important someone who wants to talk to me." than a business opportunity, however, he obligation of his Hoosier Heritage. For those of us at WGN Television who followed the dictates of his provincial pa­ read these letters, the anguish of their writ­ triotism as a native Hoosier and purchased A truly American sports classic, the 500 ers becomes, in a sense, our anguish ... for the Speedway from Capt. Eddie Rickenbacker. attracts competitors in auto racing from how can we help now? We can and will send Wilbur Shaw (killed in the crash of a all over the world. In past years, the all the literature available to us to all those small airplane nine years later) was Tony's rivalry was great, as it is in a somewhat who request it. choice to head the new "Speedway team" similar vein today. The following lines But these 15 and 16 year olds whose letters as president and general manager. During are from a poem which was written we are hold.ing need more than that. They subsequent weeks, a solution was found for need someone who cares about them per­ each of the many problems encountered in around that intercountry rivalry for the sonally right now! an effort to have the track ready for the 500 checkered flag, but within these lines, These letters we're getting could be com­ start of practice on May 1. Members of the I believe, are contained the spirit and the ing from your son: "I know that my parents racing fraternity, meanwhile, completed drama and the excitement of this great are not the type that would try and under­ their various wartime responsibilities and classic sports event: stand." May 19, 1970 EXTENSIONS OF REMARKS 16201 These letters we're getting could be com­ IMAGE OF OUR ARMED FORCES to discuss some basics as to the part the ing from your daughter: "I am looking for military plays in a democracy. I fear a mis­ guidance with a drug problem.... I usually understanding as to basics has led to a tar­ have our car and my parents trust me." HON. 0. C. FISHER nished military image. Do you care enough to be sure that the OF TEXAS The military is not responsible for America's teen-ager you love isn't feeling compelled to worldwide commitments: turn to WGN for help ... help that you IN THE HOUSE OF REPRESENTATIVES Vietnam was a Presidential and Congres- desperately want to give him? Monday, May 18, 1970 sional decision. As first planned, Anti-Drug Abuse Week So was Korea. on WGN-TV was to be over on May 2. But Mr. FISHER. Mr. Speaker, on May 13, So was NATO. our efforts to help aren't over. Our efforts Armed Forces Day, the Honorable Robert Defense's role is to give military advice have just begun. Henceforth every week is F. Froehlke, Assistant Secretary of De­ and to be prepared to carry out such com­ Anti-Narcotics Week. WGN Continental fense, addressed a large gathering of peo­ mitments as the President and the Congress Broadcasting Company continues to care. ple in San Antonio. The meeting was may make. When, or if, the combat forces are sponsored by the downtown Rotary Club not ready we should be criticized. We should and the San Antonio Chamber of Com­ not be criticized for the involvement itself. Even the conduct of the action after the merce. The address was well received by commitment is not entirely in the hands of OUT STONE MOUNTAIN WAY an appreciative audience. the military. Without deciding their correct­ Under leave to extend my remarks, ness, it should be obvious that the ground I include a copy of Mr. Froehlke's re­ rules of our Vietnam involvement are as marks. They follow: much politically as militarily motivated. HON. BENJAMIN B. BLACKBURN The military mu.st be prepared for any OF GEORGIA Armed Forces Day is an appropriate occa­ sion to look at America's attitude toward its eventuality. Or, to put it another way, the IN THE HOUSE OF REPRESENTATIVES Armed Forces. It is particularly appropriate military must be prepared in every peaceful minute to wage war within the hour. By Monday, May 18, 1970 to look at that attitude from this city-the home of so many members of the Armed Serv­ any definition this makes combat forces un­ economical in peacetime. It is their role-­ Mr. BLACKBURN. Mr. Speaker, a few ices, past and present. I confess that I antici­ miles from the center of Atlanta is Stone pate a friendlier reception here than many their responsibility-to have more men, more other parts of this country-and that might ainmunition, more Inateriel than needed for Mountain Park. This park presents a peacetime operation. Using hindsight this unique recreational opportunities for au be indicative of what can be improved throughout this country. is horribly wasteful. Unfortunately military Georgians. In fact, it is considered the leaders are not born with 20-20 foresight. Today I want to discuss the image of our foremost tourist attraction in north Armed Forces. What is the reputation of our Do you recall the affirmative response ac­ Georgia. corded Secretary Louis Johnson when he servicemen and the Services they serve? pared the Defense budget to the bone in the Because the carving on the face of this I am reluctant to use the word "image". late 40's? Do you also recall the criticism mountain depicts three leaders of the It has a Madison Avenue connotation. Never­ when we weren't ready for Korea? Query­ Confederacy-Jefferson Davis, Robert E. theless, any public figure or institution must Did we learn anything by that drill? Lee, and Stonewall Jackson-it has be­ know how he looks to the public. To ignore We are frequently accused of using "scare come a monument which is adored by this aspect of public life might well result in public and Congressional disapproval and a events" to get more money out of the Con­ most Georgians. serious lowering of morale among the em­ gress. Intelligence is usually the scapegoat for Recently, Mr. Marvin Mobley wrote a ployees of the institution in question. this criticism because it is by intelligence poem which outlines the feelings Geor­ that we learn what is going on in the world. In a democracy the Armed Forces must It is true that this information is sobering­ gians have for this region. The poem, as have the support of the electorate-the and at times downright scary. However, it it appeared in the Atlanta Constitution, people. The public must support our mission seems to me any criticism should be leveled is as follows: and have confidence in the Illilitary. We can at those who cause the facts to occur and have temporary image set backs. However, OUT STONE MOUNTAIN WAY not the messenger. should our Armed Forces lose the confidence A complicating problem with intelligence (By Harold Martin) of its constituents over a long period of time, is that many people don't understand that OuT old friend Marvin Mobley has been the consequences for our country's security we generally are not able to determine the courting the Muse a.gain and comes up with are grave. "intentions" of individual leaders and their a tribute to Georgia, and Georgians, and The Illilitary must also have the support of countries. In those cases we are restricted to the oountry around Stone Mountain that the Congress. That body authorizes and ap­ determining capability and basing our de­ makes us fo:rget for a moment our current propriates. Without Congressional support cisions on the known rather than the un­ concerns with politics, pollution and gene-r.al our Armed Forces will wither and become in­ known-or wished for-intentions. Thus the pol troonery. effectual. Each Congressman is also a molder comment that "no one would ever start a Mr. Mobley is a noted penman, who writes of public opinion-another reason why his nuclear war" isn't too helpful to those with an antique flourish which makes his support is important. responsible for national security-when our verse look like something that might have As a manager I know how important a intelligence tells us that a foreign power is been inscribed by Percy Bysshe Shelley or role iIY'age plays in morale and organizational building towards a first strike nuclear capa­ John Kee,ts. But maybe if the printer sets efficiency. It is impossible to have a hard­ bility. it Just like Mr. Mobley wrote it the music charging efficient operation if the operation We are also accused of being war­ wm. come through the cold type Just as well. itself, or the members of the operation, are mongers--of heating up the arms race. There It's called "Out Stone Mountain Way" and constantly the target of derisive comments are those who would have us walk into the it goes: from their friends, neighbors and the press. Salt talks and unilaterally give up Safe­ All of us vrant to spend our waking hours guard as a token of good faith. These well­ "Thls is the song in the Georgi.a.n's heart: working for something worthwhile. What our meaning people would have us go into the 'Here I want to stay, peers think of us and what we are doing does talks with good intentions and no negotiating in these hills where bobwhites are affect our morale. Thus, image does affect strength. Out Stone Mountain way.' morale. The military very-- much desires a. cessation "Georgians like the camp-fl.re meal, What is the image of our Armed Forces? My of the arms race--particularly as applied to the broiling bacon's lure, personal evaluation is that the public tends strategic weapons. However, we are convinced Coffee hot, from the old time pot, to distrust and depreciates the role of the that the best chance for successful SALT" and ham with the country cure. military. Worse than that, the trend line is talks is to have the USA go to the table with unfavorable. weapons in being, willing to negotiate. We "Yes, these things, too, a Georgian likes: In a very personal way I have felt this dis­ have- seen little indication from the Soviets A cabin in the hills, trust. Fifteen short months ago I was one that unilateral disarmament prior to nego­ A boat, a lake and quiet cove of the good guys. Once I entered the halls of tiations is a wise or fruitful step. for the fishing pole's fine thrills. the Pentagon, however, it was as though I Some of our management problems (per­ "Give him shotgun and beagle hounds, wore a constant black hat. Motives are ques­ haps I should say some of the management -and a ,!og fire burning, tioned,. Snide remarks are made. Eyebrows are problems we inherited) shake the public's and the com pone he'll be munching on lifted. All a part of the f0rmal initiation to confidence in the Department. The C-5A 1s while he's returning. our Anned Forces-1970 ! an example. There can be no argument--the What are the causes? cost of the airplane rose substantially from 4 'This 1s the song in the Georgia.n's heart:­ They are far from simple. Yet I think they the time it was originally conceived. Some of Here oh let me stay; stem primarily from a misunderstanding of the increase can be blamed on sloppy man­ With the cabin, lake a.nd lofty pines, the basic responsibiiity of the Armed Forces. agement and, for that, we should take our Out Stone Mountain way!" At the risk ot: oversimplifying, I would like licks-a.nd I dare say we are l -16202 EXTENSIONS OF REMARKS Mai/ til, 197/y It is too easy to attribute the entire cost It seems ·to me, we citizens should neither for floor action by the Rules ·committee growth to poor management. Consider these ignore nor worship at the shrine of pro­ which in my judgment will go far in im­ facts: testers. Admittedly, it is simpler to go either It takes a.bout 8 yea.rs to conceive, design extreme route. (Who ever said being a useful proving our Nation's transportation sys­ and produce a major weapons system. citizen was easy?) Let me suggest a test for tem. I refer to H.R. 8298, the so-called In tha.t 8 year period inflation affects cost determining the credibility of the protest. mixing rule bill which was favorably re­ and, by law, we are not allowed to include One, is protesting selling a point of view ported by the House Interstate and For­ inflationary factor in all our cost projections. or is it attempting to stifle another's? If it is eign Commerce Committee last year. The strategy and world situation which the former, I tend to listen. My hearing aid This bill will at last unshackle our val­ dictate the need for a new weapons system goes off when confronted with the latter. uable domestic inland water carriers can change markedly in that 8 year period. Secondly, I look at the protesters them­ When it does, it frequently requires a major selves. What selling techniques do they use? from an unfortunate Federal ruling change in the system . . . and changes are Are they honest or high pressure? For in­ which has long impeded the growth and expensive. stance, do they oversimplify? Is a situation progress of this vital industry. H.R. 8298 Technology marches on and when it does presented as all good or all bad? I have rarely will make it possible at long last to have the technological improvements during the 8 found life that simple. Most of the situations the benefit and full use of the productive year period frequently are incorporated in with which I have been faced recently have and efficient technology which has been the new weapon. This again causes delay been of the neck and neck variety. (Beware developed over the years by this indus­ and added expense. But who wants a weapon of those who say the ABM, Cambodia, the try. By making proper use of this im­ tha.t is obsolete when it comes off the pro­ Draft or ROTC are either all goOd or all bad.) duction line? Perhaps most revealing, have the protesters portant know how on the rivers, we will We a.re changing the procurement prac­ spent any time working in any civic organi­ surely lower unit costs on many products. tices which were used when the C- 5A wa.s zation, to improve the local community? In In a time of rising prices and costs and designed. We anticipate this will make our the Jaycees, Chamber of Commerce, their faced with increased demands by con­ cost projections more realistic. However, church, local politics, or in community fund sumers such a step seems abundantly don't expect anybody to bat 1,000 %. raising? Are they full of prescriptions and wise and proper. Frequently businessmen say "DoD is not broad generalizations about the state of the For a complete description of the evo­ run in a businesslike manner." world-but do nothing to improve the street lution and history involved in seeking a I wish it could be. on which they lived? Frankly, I have little When I was in business my Board of Di­ time to give the individual who deplores solution to the problem faced by our rectors agreed on the policy and goals, and and offers suggestions for the state of the domestic water carriers, I commend to let us operate as long as we met our goals world and doesn't have time to put his arm all the Members the speech recently made under established policy. There was no dis­ around his neighbor next door. at the University of Alabama Transpor­ agreement among the Board's members as Since joining the Defense Department, tation Forum by Mr. Peter Fanchi, Jr., to goals or policy. It checked once a quarter I have observed and served with officers and president of the Federal Barge Lines, Inc., to see that we met our goals within that men of all branches of the Services. I can­ St. Louis, Mo. policy. Those were the good old days! not say they are more brilliant or imagina­ I include it at this point in the Defense's Board of Directors meets about a tive than others with whom I have been mile away in continuous session. It has 535 associated. I can-and unequivocally do­ RECORD: members. I have yet to know it to speak say they are more dedicated and unselfish. THE PEOPLE PROBLEM with one voice, and many of these voices ad­ They are solid citizens serving what they (By Peter Fa.nchi, Jr.) vise us daily-much of this advice is good, conceive to be the highest call-supporting In the first half of the first year of the much of it is contradictory. their country. Without such people and new decade, a number of us have been called I have just described the democratic without such a commitment to the coun­ to the' University of Alabama's justly re­ process. I would not change it if I could. But try, the nation cannot long survive. nowned annual transportation forum to talk it is the governing process and it is not busi­ Though they would not say so themselves, about a new decade in transportation. In the nesslike! Defense cannot be run strictly on a military personnel are patriots. They do not past is has been customary for each speaker "businesslike" basis in a democracy. seek undue reward nor special recognition. to stick closely to his own field. I plan to More and more taxpayers are increasingly On their behalf, I ask that this free and cover very briefly the new developments accusing the DoD of taking too big a bite of open society apply another American stand­ which may be expected in the inland b!3.rge the Federal budget. It is true that Defense ard to them-that of fair play. I hope some industry. continues to be the big spender of all the of my comments today will help to put the But for most of this talk I want you to Cabinet Departments. However, these facts military point of view in better focus. consider with me a universal problem which should be considered: Because my colleagues in the military have in transportation takes an extreme form. In FY 1971 Defense will be less than 35 % impressed me with their dedication, I am Perhaps, in this decade, the water carriers, of the Federal budget. The lowest since particularly pleased to be in San Antonio, the railroads, the pipelines, the truckers, the 1950. a town that is proud to be a "military town," airlines and the shippers can, together, re­ to celebrate Armed Forces Day. I hope you duce this problem to a more manageable Defense spending in FY 1971 is approxi­ form. mately 7 % of the Gross National Product. gathered from my comments that I'm proud I refer to the "people problem,'' the prob­ The lowest since 1951. of my country, its system of government lem of the resistance of people to new ideas, This administration in FY 1970 and 1971 and the military that insures the longevity their refusal to consider new circumstances has cut 682,000 military and civilian posi­ of both. on their merits, their love of the unthinking tions and $9.8 billion dollars out of the total In the Secretary of Defense's hall is a knee-jerk reaction to something a little dif­ budget. picture and an inscription that typifies to ferent from the carbon copy of what hap­ We in the DoD agree that there should be me the attitude of the military man towards pened yesterday. a reevaluation of our national priorities. his country. It portrays an airman and his If one considers the real roadblocks to However, in light of the world situation and family kneeling in a chapel at prayer. The progress in the different "'ID.Odes of trans­ our commitments, we question whether fur­ caption under it is from Isaiah, Chapter 6, portation, one almost always finds that it ther budgetary cuts are advisable. Any fur­ Verse 8. "I heard the voice of the Lord say­ stems from a "people" problem. ther cuts would cut muscle and scrape ing whom shall I send, who will go for us? We can have new and more productive bone-highly undesirable where national Then said I-here am I. Send me." technology, more efficient organization of security is at stake. This is the unfailing response of our mili­ shipping, and lower unit costs. The road­ The military will be the object of many tary men when faced with a call to duty. block is not the need to invent new tech­ protests this year. This, in itself, is not Would that we had more Americans tOda.y, nology or to think out better ways of doing bad. who, seeing a job that needs to be done, things. The roadblock is almost invariably Protesting, in one form or another, seems would come front and center and proudly one of human resistance. to be the in thing today. Some of the more volunteer "Here am I. Send me." As an illustration, let me give you in brief active and more vocal protester.s believe they terms the story of what has happened over have invented it as an art form. This is a 15 yea.rs in an attempt to achieve and main­ singularly uneducated view-in itself an in­ tain reductions in barge costs. Surely there sight into these protesters. For the Nation can be no more praiseworthy project than itself was born as a result of protests against COORDINATED TRANSPORTATION an improvement in technology which results injustices. Protesting in this sense is an in· in lower costs for the shipping public and stitution older than the Nation itself. I be­ for the consumer. Who can be against that? lieve in protesting. HON. SAMUEL N. FRIEDEL The story begins back in the early 1950's Of late I have become somewhat of an OF MARYLAND when marine engineers and the river ship­ expert in protests-or at least a target of yards began talking about building very some of them. The right kind are not only IN THE HOUSE OF REPRESENTATIVES powerful new towboats with a capacity for a part of our heritage but also very useful. Monday, May 18, 1970 handling more than double the number of Much of what is good about America today barges compared to those handled at the has come about as the result of courageous Mr. FRIEDEL. Mr. Speaker, there was time. The change did not come overnight. people protesting yesterday. an important measure recently cleared But as a few of the big boats were tried, May 19, 1970 EXTENSIONS OF REMARKS 16203 it soon became clear that they could do say they didn't understand it because tOday Members of the Congress said that they everything that had been promised and those same people are endorsing the 1961 believed the railroads would be reasonable more. By 1960, the big towboat and the 30 concept. The bill got nowhere. Meantime the and urged that some sort of compromise be to 40-ba.rge tow were commonplace sights appeal from the ICC decision was wending struck. With a compromise bill, there would on the river. Federal Barge Lines contrib­ its way through the courts. be no more trouble. uted the biggest towboats of all, the MV The courts finally passed the buck to the So again, as had ta.ken place in the begin­ America and the MV United States with 9,000 Congress. If enforcement of the Commis­ ning, shippers, railroads, water carriers and horsepower capable of moving over seven sion's order meant adverse results, to the others began to think of what such a com­ acres of freight. And let's give credit where public interests, i.e., high costs, then the promise might be. credit is due. The maritime labor unions Congress should fix the Act, the courts said. In the meantime, one of the shippers was supported this technological advance. Other Let us pause here to remember that all distressed by the fact that there was no clear unions in other times have resisted tech­ that was at stake was continuation of cut evidence that mixing regulated and un­ nological advances. The maritime unions proven low opera.ting costs for barge lines. At regulated commodities really did prOduce took the long view that increased efficiency any point in this complex process some uni­ savings. Have a study ma.de, it was suggested. would mean more and better jobs. versal transportation ombudsman could Some of those involved found it a. little hard From 160 on, a downward trend began in have stopped all the wheel spinning and to believe that a. study was needed to prove river freight rates. Larger tows me::mt lower said: "mixing is in the public interest; it that using one boat to do the work of three unit costs, lower unit costs permitted lower should be permitted." produced significant savings. However, Stan­ rates. In a time of inflation, at a time when But further extended struggles lay a.head. ford University School of Business was en­ labor costs and material costs were rising, On the one hand the Commission and the gaged to do such a study and the barge lines the barge line rates were going down. Congress didn't want to be tagged, in a contributed data on all shipments in the I stress this because I want everybody to period of rising prices, with the responsi­ year 1967 to show what precisely would have understand that we a.re talking about a.n bility for a totally unnecessary cost increase happened if the law had been applied. actual proven technological advance with for a very large part of that essential 10 per Sure enough, the study concluded that, actual proven benefits to shippers; not a pie cent of the nation's inter-city freight which if the new technology were discarded, costs in the sky promise of reductions to come goes by barge. On the other hand, the solu­ would go up dramatically and rates would some day. tion did not appear to be obvious. then have to go up. According to one esti­ There wa.s a. small cloud on the horizon. A number of public spirited wate:r carriers mate, rate increases between 10 and 15 per­ We didn't pay a. great deal of attention to and shippers got together to discuss what cent could be expected. The Congress and it a.t the time because we really couldn't was the logical, the sensible, the right thing the ICC had before them some precise figures bring ourselves to believe that anyone would to d<>-always a highly dangerous occupa­ on the unnecessary cost increases which try to cancel out the economic advantages tion. A new bill resulted which, in effect, would result if no solution were found. of the big towboats. We couldn't imagine thoroughly mOdernized the dry-bulk exemp­ I should explain that the ICC, at the spe­ anyone suggesting that we go back to the tions. I won't take time to describe this bill, cific request of the Commerce Committees little boats and discard the new and more but it did more than fix the mixing problem. of the House and Senate, has suspended the efficient method of operating any more than It was a. goOd compromise and was widely effective date of an ICC order compelling a.n we could imagine anyone suggesting that hailed by shippers, farm groups, labor unmixing of the tows no less than four times the airlines abandon the jets and go back groups, industrial groups, dozens of na­ in the expectation of a legislative solution. to operating DC-3's. tionally known individual companies, State The current suspension runs out on June 30, But there definitely was a small cloud over industrial development groups and others 1970. the legality of mixing regulated traffic­ too numerous to mention. The ques­ Many goOd people earnestly studied a va­ paper, steel, packages of one kind or an­ tions it raised were very clear. Are you riety of compromises ranging over the whole other-and unregulated dry bulk traffic­ for improved technology? The answer of spectrum of the Interstate Commerce Act. grain, coal, salt and the like. Technology course was universally, yes. Are you for This discussion often got quite out of outdates laws all the time; we had every lower costs for the barge lines? The answer focus. To some people mixing was a valuable confidence that the Interstate Commerce of course was universally, yes. lollypop the barge lines wanted. Someone else Commission would interpret the law so that The Senate Commerce Committee liked had to have a lollypop of equal value. To we could continue to offer low rates to ship­ the bill and recommended it unanimously. others the barge lines had, in mixing, an pers, particularly since the ICC had actually The Justice Department liked it, Agricul­ economic advantage. They should be willing a.t one time found the practice of mixing ture liked it, and the new Department of to accept an economic disadvantage to bal­ was legal. Why do we need to mix regulated Transportation liked it. The entire govern­ ance out the advantage. and unregulated commodities? The answer ment generally endorsed it. Mixing was and is a technological advance. is simple: we need both kinds in one tow When the bill was called for hearings in The benefits have already been passed on to to accumulate enough barges for a big tow. the House of Representatives, it ran into consumers in the form of low barge rates. The Commission could have a.greed with serious trouble. One leading member of the The Senate Commerce Committee, in its fav­ its original finding, but chose not to do so. committee explained the problem as follows: orable report on the bill stressed that mixing We were disappointed, but confident that, There was nothing wrong with the bill. In should be considered on its own merits and on appeal, the courts would reverse the fact, it obviously had a great deal of merit. its benefits not denied the public while Commission and allow us to continue to Indeed, it was one of the cleanest pieces of solutions to all transportation problems were offer the benefits of the new technology. To legislation he had seen in many years. "Why found. be on the safe side, however, in 1961 we sup­ all this does," he said, "is to provide for low There was a special shipper committee ported the introduction of a bill in Congress rates." But, he continued, the bill had formed to consider the problem. In all, about which would have clearly legalized the mix­ no chance in its present form. a year and a half elapsed in fruitless study. ing of regulated and unregulated traffic. It We had hit the people problem again. Finally, the House Transportation and was a simple bill. There wa.s no attempt to When the exemptions from economic regu­ Aeronautics Subcommittee, under the resolve the true anomaly of the exemptions: lation became law in 1940 the water carriers chairmanship of Representative Samuel N. why in the name of reason barge lines are got them and the railroads did not. The Friedel of Baltimore, took the bull by the only permitted to haul three dry-bulk com­ theory was that water carrier rates were so horns. It isolated two well-established mOdities in a tow without losing the exemp­ low that they did not compete with the rail­ facts. Mixing the dry-bulk and regulated tion. Older members of the Congress said roads so there was no point in regulating commodities in the same tow produced lower this had something to do with the fact that them. costs and therefore was in the public in­ there are three holds in Great Lakes steam­ Conditions have changed. Railroads have terest. The railroads were disadvantaged in em and the restriction somehow spilled over enjoyed technological advances. Dry-bulk competing with water carriers because the to river flotillas more or less by accident. traffic on the rivers--0orn, salt, wheat, coal, water carrier rates were secret. Why not a. For 20 years it mea.nt little, because tows alumina and similar commodities moving by bill to permit mixing-and denying for the were small and there was seldom any de­ river-are quite competitive with the rail­ time being a thorough-going modernization mand for the transportation of more than roads. The railroads had convinced the House of the exemption provision-and equalize the three commodities. But, by 1960, with the Committee that a great injustice existed. The competitive situation between railroads and big towboats in service, the restriction was barge lines were partially regulated and the water carrier by requiring the publication clearly obsolete. railroads fully regulated. This represented of rates of all dry-bulk commodities shipped However, in 1961, the barge lines did not an unfair competitive advantage to the barge by water? aspire to a complete modernization of the lines, the railroads said. It would not be fair There would be no economic regulation of exemption provision. That, it was thought, to the railroads to mOdernize the exemption barge rates; just a requirement for posting was too ambitious, however, logical it might to permit mixing unless the Committee did the rates. have been. The over-riding need in the pub­ something, at the same time, about this The barge lines didn't get everything they lic interest was to continue the mixing of greater injustice. wanted, but they could not be completely regulated and unregulated commodities. That argument was persuasive to the unhappy; the railroads didn't get every­ It was with this simple change that the Committee and it was clear that the bill to thing they wanted but they, too, could "people problem" first arose. There was quite permit the continuation of low rates had no not be completely unhappy. The public was violent opposition to the bill from those who chance unless some accommodation were advantaged because mixing would continue, didn't take the trouble to understand it. I ma.de of the railroad complaint. there would be more intense competition 16204 EXTENSIONS OF REMARKS May 19, 1970 between railroads and water carriers leading There has been a rush of industry to the The statement follows: to greater efficiency on both sides, and with river banks since World War II. The produc­ rates out in the open the pubilc's right to tion line leads to the barge loading dock in PART Two. QUESTIONS UNDER INTERNATIONAL know freight rates would be satisfied. more and more plants. The water freight rate LAW Finally, the bill called for a study of the is usually about one third the surface rat.e. I. CAMBODIA entire problem based on facts that would High costs are usually incurred in rehan­ A. Collective self-defense under the United become available for the first time and a dling by rail or truck to get to water. Many Nations Charter companies are eliminating that rehandling report back to the Congress with policy rec­ 1. Definition of "Armed Attack." Under in­ ommendations for further action. The b111 and cutting transport costs dramatically. ternational law, the legal justification for the had a termination date -so that if it turned A co-product of the on-going floOd control, incursion of United States forces into Cam­ out that anyone was seriously hurt, it bank stabilization, power, irrigation and bodia was presented in a letter of May 5, 1970, wouldn't be for long. other water resource programs continues to be navigation. Already the re-development from the Permanent Representative of the The regulated barge lines, which account United States to the United Nations, Am­ for one third of the river traffic, endorsed program of the Ohio has reduced the num­ bassador Charles Yost, to the President of the bill. The railroads endorsed it. Maritime ber of locks and dams from 53 to 28, greatly improving the economy of barging on the the Security Council. The letter states that and railroad labor endorsed it. the United States action in Cambodia was The bill ma.de a lot of sense to the House Ohio. We'll be down to 23 locks by 1974, an­ other advance in productivity, and 19 when taken as a measure of "collective self-de­ Interstate a.nd Foreign Commerce Commit­ fense." In essence, this same justification has tee. The favorable vote was an overwhelming the re-development program is finished. The lower Mississippi is rapidly develop­ been employed to explain all United States 18 to 6. military actions in Vietnam. It forms the That was last October. In November, the ing a 12-foot channel from the bank stabili­ zation program. The Arkansas will shortly be foundation of the March 1966, Department bill went before the Rules Committee and of State Memorandum on the legality of was held up there until only three weeks navigable to Tulsa, opening five more states to water transportation. Ground is being United States participation in the defense ago, when it was voted out for floor action of Vietnam. by a. 7 to 6 margin. broken on the short cut from the Tennessee to the Gulf via the Tombigbee-Warrior It is important, then, to consider the The delay was caused by another people meaning of the concept of "collective self­ problem. Some large shippers like secret Rivers. In a couple of years, slack water rates and a.re prepared to fight to kill the navigation will reach to Lewiston, Idaho on defense" as embodied in Article 51 of the bill so that no one knows the freight rates the Columbia and the Snake. Other develop­ United Nations Charter. Article 51 constitutes by water on dry-bulk commodities. I suspect ments are coming. an exception to the basic Article 2 ( 4) obliga­ that the trend is against them. We have The ocean-barging program appears to be tion of members of the United Nations to truth in lending, truth in packaging and I a success. Ocean-going barges have been sent "refrain in their international relations from expect we will soon have truth in barging. to Vietnam and regularly serve Alaska. Cross­ the threat or use of force." It states In part: The whole trend is toward the public having Gulf operations from Florida to New Orleans "Nothing in the present Charter shall Im­ the right to know essential facts affecting its are successful in 26,000 ton self-unloading pair an inherent right of individual or col­ welfare. barges. lective self-defense if an armed attack oc­ It does not seem logical that a. shipper will Huge barge-carrying mother ships are curs against a member of the United Na­ use railroads for part, usually the greater sending lighters up the river as far as Chi­ tions until the Security Council has taken part, of his shipments of precisely the same cago from New Orleans and eliminating re­ the measures necessary to maintain inter­ commodities at rates which are not only pub­ handling at ports on both sides of the ocean. national peace and security." lished, but economically regulated, a.nd can Even mini-ships are finding their way up Military action taken in "self-defense" then turn around a.nd make a public interest the river to Greenville and beyond to pro­ which does not satisfy the Article 51 excep­ case for keeping the rates on the water-borne vide new service between the Mississippi tion results in a prima facie violation of the shipments secret. heartland and the Caribbean a.nd South obligations assumed under the Charter. The No one is ... gainst mixing. No one is against America. invocation of self-defense as the Justifica­ cost reduction. Our people problem on these The Water Transport Association's pro­ tion for the use of force depends on the sat­ issues is over. But those who are against the gram to join the best efficiencies of rail and isfaction of two preconditions. The threshold public's right to know a transportation rate water seems to be off the ground. Proper question is whether an "armed attack" oc­ are actively trying to break down the com­ coordination of rail a.nd water transportation, curred. The following argument demon­ promise the House Committee has reached. according to the Industry's studies, can mean strates that no credible claim of actual, I can only say, I hope they do not succeed. savings of from 10 to 30 per cent in trans­ physical armed attack on allied forces in My point in this long recital is this. If port costs. Vietnam was asserted; and that, assuming transportation is to meet the needs of the Taken together, all these developments arguendo that the threat of an armed at­ economy over a. period of very substantial should mean great dependence on the part tack would qualify as an "armed attack" expansion in economy activity, we must find of the economy on water transportation in under Article 51, the military movements some way to curb the people problem. the coming decade. of North Vietnamese troops in Cambodia Every mode ha.s a people problem. I know But if we could add to more intensive merely raised the possibility of an attack, a nothing about the truckers' problem in win­ use of low cost water transportation the re­ possibility so remote in time and so contin­ ning approval for the use of tandem trailers. wards of ellminating the problem of unrea­ gent on fortune as to fall outside the mean­ But it stands to reason that two trailers with soning resistance--the people problem-we ing of a "threat of armed attack." one engine and one driver represent a more would really be on our way to greater econ­ President Nixon described that attack in economical way to transport freight over the omy and efficiency in transportation. his televised address to the Nation on April highway. We see these "double bottom" rigs 30, 1970, as follows: all the time in the west. But apparently there "North Vietnam in the last two weeks has is a great people problem involved in extend­ stripped away all pretence of respecting the ing the service to the east. sovereignty or neutrality of Cambodia. The railroads have people problems. I'm INVASION OF CAMBODIA VIOLATES Thousands of their soldiers are invading the sure the airlines saw 10 years ago that their INTERNATIONAL LAW: N.Y.U. LAW country from the sanctuaries. They are en­ airports and airways would be now jammed STUDENTS BRIEF PROVES circling the capital of Phnom Penh. Coming to overflowing. But a people problem got in from these sanctuaries a.s you see here, they the way of adequate planning. Now of course had moved into Cambodia and are encir­ in most airports I visit there's a wall-to-wall HON. DONALD M. FRASER cling the capital. people problem brought on by a people failure OF MINNESOTA "[I)f this enemy effort succeeds, Cambodia 10 years ago. IN THE HOUSE OF REPRESENTATIVES would become a vast enemy staging area and We Just can't goon this way. a springboard for attacks on South Vietnam ['man optimist at heart. Despite our prob­ Monday, May 18, 1970 along 600 miles of frontier: a refuge where lem with the mixing rule, which, you might enemy troops could return from combat assume, would be enough to discourage any Mr. FRASER. Mr. Speaker, in a care­ without fear of retaliation." thinking a.bout innovation and technological fully documented, well reasoned paper, Apparently, the attack to which the Presi­ improvement in the barge lines to the end of a group of students in the Root-Tilden dent referred was the increasingly intensive the century and beyond, I do want to leave program at New York University School strife between Cambodian a.nd North Viet­ you with a brief list of items to look for in of Law have shown that the U.S. in­ namese forces. The joint United States-South the decade of the 1970's. vasion of Cambodia violates interna­ Vietn'B.mese response involved an attempt to The boats and the horsepower are likely to tional law. prevent a. defeat of the Governm.ent in get bigger and the tows will carry more ton­ Wide distribution should be given to Phnom Penh. The President confirmed this nage with consequent lower unit costs. I wish view in a latter portion of his speech: I oould say that the rates would continue this excellent statement. I am placing in "But the aid we will provide will be lim­ down, but infia.tion has hit all of us hard and the RECORD excerpts from this copy­ ited for the purpose of enabling Cambodia the barge lines are no exception. righted paper. It deserves careful review to defend its neutrality and not for the pur­ We can also look at other ways to Improve by Congress, the administration, and the pose of making it an active belligerent on productivity and achieve cost reductions. American public. one side or the other." May 19, 1970 EXTENSIONS OF REMARKS 16205 Ambassador Yost's letter to the President would jeopardize the remaining forces who the great law of self-defense do exist those of the Security Council refers to base areas would be in Vietnam after we had withdrawn exceptions should be confined to c~ses in maintained for five years by the North Viet­ 150,000, I would take strong action to deal which the 'necessity of that self-defense is namese in Cambodia for purposes of con­ with it. instant, overwhelming, and leavinp no choice ducting military operations against South "I found that the action that the enemy of means and no moment for deliberation.' " Vietnam. The letter identifies the develop­ had taken in Cambodia would leave the More recen"tly, in the Ntirnberg trial of ments which triggered United States action 240,000 Americans who would be there a year War Criminals, the court dealt with the de­ as the expansion by the North Vietnamese of from now without many combat troops to fense, "that Germany was compelled to at­ the perimeters of the base areas, the expul­ help defend them would leave them in an tack Norway to forestall an allied invasion, sion of any remaining Cambodian presence in untenable position. That's why I had to act." and her action was therefore preventive." those areas, the linking of the b'ase areas into Apparently, the United States crossed an The Tribunal said: a continuous chain along the South Viet­ international boundary and employed armed "It must be remembered that preventhe namese border, and the extension of the bases force in response to a threat which, by its action in foreign territory is justified only deeper into Cambodian territory. The letter own admission, would not materialize for at in case of 'an instant and overwhelming asserts that North Vietnamese forces were least one year. Attempting to justify preemp­ necessity for self-defense, leaving no choice massing in those areas in preparation for tive actions exclusively in terms of an in­ of means and no moment of delibera­ cipient threat does violence to the clear attacks against South Vietnam. tion.' . . . From all this [ evidence as to When the United Nations Charter was orig­ meaning of Article 51. Furthermore, such an overly broad definition of what constitutes German belief regarding an allied attack on inally drafted an "armed attack" was gen­ Norway] it is clear that when the plans for erally understood as action(s) through which an armed attack eliminates the distinction an attack on Norway were being made they a state sought the initiative by the violent between the concepts of armed attack and were not made for the purpose of forestall­ exercise of physical power. Since then, some self-defense. A defensive measure taken in anticipation of an attack can be interpreted ing an imminent allied landing, but, at the have argued for an expanded concept to in­ most, that they might prevent a.n allied clude a military process rather than a single, by the country or force under attack as an occupation at some future date.... In the hostile, offensive event. The Department of armed attack necessitating self-defense light of all the available evidence it is im­ State's 1966 Memorandum espoused this measures. To define self-defense in such a broadened concept. Specifically, the Memo­ way as to legally entitle the aggressor to in possible to accept the contention that thEJ randum argues that the concept of an "armed turn respond in self-defense is to destroy invasions of Denmark and Norway were de­ attack" included the processes of externally the legal justification for self-defense em­ fensive and in the opinion of the Tribunal supported subversion, clandestine provision bodied in the United Nations Charter. they were acts of aggressive war." of arms, infiltration of armed personnel, and Quite, clearly, the concept of "armed at­ Furthermore, the assertion of a claim of introduction of regular units of the North taek" cannot be woodenly or mechanically collective self-defense is primarily the right Vietnamese Army into South Vietnam. As­ applied. An armed attack is properly differ­ of the victim state, and not of the would-be suming arguendo that the Memorandum's entiated from other forms of hostile behavior. protector. Collective self-defense involves much criticized position is valid, Ambassador Safeguards designed to deal with both types the right of a nation to request assistance Yost's letter to the Security Council in jus­ of unauthorized intervention have been in­ in its defense. It differs fundamentally from tification of the Cambodian incursion further corporated in various treaty instruments. For any contention that third party nations have broadens the concept of "armed attack." example, the distinction exists in the Charter a discretionary right to intervene by force In effect, the Yost letter defines an "armed of the Organization of America States, which, in conflicts between other countries. Assum­ attack" in two extremely expansive senses. in Article 25, differentiates unequivocably be­ ing arguendo that the North Vietnamese First, it views the enlargement and extension tween an armed attack and other forms of launched some sort of "armed attack," either of military staging areas as falling within aggression. The distinction is also found in in the traditional sense or in the loose, ex­ the concept of an "armed attack." In light of Articles 3 and 6 of the Inter-American Treaty pansive sense articulated in the Yost letter, reports from Southeast Asia and the Presi­ of Reciprocal Assistance of 1947, in the the question of determining the victim of dent's address indicating that the movement North-Atlantic Treaty of 1949, in the Warsaw such an attack remains. The North Vietnam­ of the North Vietnamese forces in Cambodia Treaty of 1955 and in the United States­ ese activity which, according to the United had the apparent objective of isolating or Japanese Treaty of Mutual Cooperation and States argument, constituted an "armed at­ overthrowing the Government of Phnom Security of 1960. All these treaties refer only tack" involved the enlarging of staging and Penh, the current American military response to "armed attack" while specifically noting supply areas within Cambodia, troop move­ appears designed to minimize the threat to Article 51 of the United Nations Charter. In­ ment in the direction of Phnom Penh but the existence of the Cambodian Government. terestingly, Article 2 of the Southeast Asia within Cambodia, and the possibility of an Certainly the use of all of Cambodia as a base Collective Defense Treaty (SEATO) also care­ eventual threat by North Vietnamese forces of operations against Vietnam would increase fully distinguishes between armed attack and within Cambodia to remaining United States the strength and :flexibility of North Viet­ subversive activity directed from without; units in South Vietnam. On these facts, it namese operations. However, it strains both Article 4(1) of the SEATO Treaty covers is clear that the asserted depredations of language and credulity to consider the eQ.­ "aggression by means of armed attack"; while North Vietnamese main force units were di­ largement of a base of operations an "armed Article 4(2) covers threats "in any way other rected against Cambodia. If a victim need attack." More plausibly, North Vietnamese than by armed attack" or "by any other fact be found, (and for purposes of properly in­ activity in Cambodia constituted an effort to or situation which might endanger the peace voking the justification of self-defense un­ facilitate the threat of an "armed attack." of the area." This distinction has been pro­ der the United Nations Charter a victim must This is the second sense in which the Yost pounded consistently in treaty instruments exist), it is the Cambodian Government of letter expands the concept. For the threat drafted after the United Nations Charter, to Premior Lon Nol. foreseen is sufficiently distant in time as to many of which the United States is a party. On these facts, the only state which could render meaningless any attempt to equate Consequently, it would appear that Article have claimed to be acting in self-defense was the "threat of armed attack" with an "armed 51 has always been understood to embody a Cambodia. There is no indication however, attack" as defined under Article 51. The fol­ narrow construction of "armed attack." The that Cambodia asserted a claim of self-de­ lowing answer by President Nixon to a re­ position taken by the President, as justified fense. Even if Cambodia has asserted a claim porter's question at the President's press in the Yost letter, conflicts with that con­ of self-defense, the United States, under the conference indicates the time at which the struction. concept of self-defense embodied in the Administration considered the threat would The latent threat of hostile action United Nations Charter, could not legally materialize: launched from a neighboring state has not have Joined in an action of collective self­ "Q. On April 20, you said Vietnamization traditionally justified resort to armed force defense. For, under the Charter, the right of was going so well that you could pull 150,000 in preemptive self-defense. TWo examples self-defense does not extend to a state which American troops out of Vietnam. Then you sufficiently illustrate the point. seeks to associate itself in the defense of a turned a.round only 10 days later and said The "Caroline," an American vessel used state acting in self-defense. However, the that Vietnamization was so badly threatened for supplies and communication in a Ca­ United States did not invoke the doctrine of you were sending troops into Cambodia. nadian insurrection, was boarded in an collective self-defense in conjunction with Would you explain this apparent contradic­ American port at midnight by an armed South Vietnam, which was not in this in­ tion to us? group acting under the orders of a British stance a victim of any "armed attack," the "A. Well, I explained it in my speech of officer. The boarding party set the vessel tenuous Justifications in the Yost letter not­ April 20, as you will recall, because then I afire and let it drift over Niagara Falls. The withstanding. said that Vietnamization was going so well U.S. protest resulted ultimately in an apol­ 2. Proportionality. The second precondition that we could bring 150,000 out by the spring ogy by Lord Ashburton, the British Special necessary for the justification of the use of of the next year, regardless of the progress Commissioner to the United States. In a armed force in self-defense under Article 51 in the Paris talks and the other criteria that note of reply of August 6, 1842, Secretary of is that the response must be proportionate I had mentioned. State Webster stated: to the attack. A disproportionate response to "But I also had warned at that time that "[R]espect for the inviolable character of a situation which validly requires self-de­ increased enemy action in Laos, in Cambodia, the territory of independent states is the fense will transfer an otherwise justifiable as well as in Vietnam was something that we most essential foundation of civiliza­ exercise of the right of self-defense into an had noted and that if I hail indicated and tion.... Undoubtedly it is just, that, while act of aggression. The application of this if I found that that increased enemy action it is admitted that exceptions growing out of standard to the allied thrusts into Cam- 16206 EXTENSIONS OF REMARKS May 19, 1970 bodia reflects the basic flow in labeling North not persuasive. In fact, two members of the rected across national borders in pursuit of Vietnamese itctivities in Cambodia an armed Cambodian government made an initial pro­ foreign troops using foreign soil as sanc­ attack on Vietnam or allied forces therein. test. Clearly, the joint U.S.-South Vietnamese tuaries. The only military operations against which incursion constituted a fundamental breach 1. Tunisia, 1957. For example, in 1957, the proportionality of the allied incursion of Cambodian neutrality which could not French forces operating in Algeria attacked can be measured are the expansion of the later be rectified by acquiescence, particu­ Sakiet-Sidi-Youssef in Tunisia, then being Cambodia sanctuaries and the concurrent larly since th~ Cambodian government had used as a sanctuary and staging area by attacks on Cambodian forces by North Viet­ little choice but to acquiesce. Nor does the Algerian revolutionary forces. The United namese troops. Such measureme'nts would be argument that the areas subjected to in­ States publicly expressed concern about the difficult to make as they turn on factual vasion were no longer under the effective incident and the Department of State sum­ determinations not readily available. But the political control of Cambodia justify the in­ moned the French Ambassador to explain the standard of proportionality cannot be applied cursion. The political and military realities French action. The official French explana­ in this case as the nations using armed force do not diminish in law the rights of the tion markedly parallels the stated U.S. objec­ under the right of collective self-defense were Government of Cambodia with respect to the tive in Ca.mbodia, to destroy enemy sanc­ not the objects of an armed attack. maintenance of its territorial integrity and tuaries, staging and supply bases used by Ambassador Yost's letter states that "North neutrality. Otherwise, one might argue that guerrilla forces for raids into Algeria. Vietnam has stepped up guerrilla actions in­ South Vietnam could claim no rights over 2. Yemen, 1964. In 1964 Ambassador Stev­ to South Vietnam and is concentrating its Viet Cong-held portions of its own territory. enson, speaking in the Security Council, con­ main forces in these base areas in prepara­ The argument that, under general principles demned a British bombing attack on Habir in tion for further massive attacks into South of international law and particularly neu­ Yemen which was undertaken in response to Vietnam." This factual assertion is not re­ trality, Cambodia's failure to repel the North Yemeni attacks against the British Protecto­ flected in President Nixon's address of April Vietnamese presence justified the allied in­ rate of Aden. 30 or subsequent press conference of May 9. cursions into a neutral country must fail in 3. Middle East. During the course of the The President indicated that he was respond­ view of the treaty obligation, under Article ongoing conflict in the Middle East, the ing to the threat which would exist to United 33(1) of the United Nations Charter, to United States has repeatedly expressed, in States forces following another withdrawal first of all seek a solution of disputes, other the United Nations and in other forums, of 150,000 men should North Vietnamese than armed attack, by peaceful means. negative reactions ranging from concern to forces succeed in consolidating their position C. Rights and obligations under SEATO condemnation of Israeli attacks upon Arab in Cambodia through the overthrow of the guerrilla sanctuaries in other Arab coun­ The Administration did not attempt to tries. The Israeli raids were designed to Government of Premier Lon Nol or by a justify its policy under the Southeast Asia severe limitation of its power. Without dwell­ accomplish the dual objectives of reprisal and Collective Defense Treaty (SEATO). The re­ destruction of guerrilla sanctuaries and stag­ ing on this rather crucial discrepancy, one luctance to invoke the SEATO commitment cannot seriously say that the incursion into ing bases. is understandable since a colorable case for The American incursion into Cambodia Cambodia of at least 50,000 allied troops on the Cambodian incursion under the SEATO six fronts with accompanying air support, hardly lends credence to the aforementioned Treaty cannot be made. expressions of dismay, much less to any fu­ a flotilla of 140 gunboats and a one-hundred At the outset, the SEATO Treaty obligates mile allied blockade of the Cambodia coast­ ture United States attempts to limit the use the signatories to uphold the United Nations of armed force as an instrument of national line was a proportionate response of self-de­ Charter. As demonstrated above, United fense to "stepped up guerrilla actions," the policy throughout the world. The Cambodian States actions in Cambodia are violative of affair invites cynicism toward subsequent only alleged new military action emanating that document, and therefore violative of from Cambodia against South Vietnam. United States efforts to encourage respect for the SEATO Treaty as well. If pursued further, law in the conduct of international affairs. B. The neutrality of Cambodia the inquiry discloses other damaging dis­ As President Nixon affirmed in his address crepancies. First, the treaty speaks of meet­ of April 30, the United States acknowledged ing "the common danger in accordance with Cambodian neutrality. Respect for that neu­ its (each country's) constitutional processes." trality was assured by a diplomatic note Thus, any action taken in violation of such LESSONS FROM OUR DARKEST during the Johnson administration and was constitutional processes, as argued in the HOUR reiterated on numerous occasions by re­ discussion of the constitutional issues above, peated demands that North Vietnam respect is per se invalid under the treaty. Secondly, the neutrality and territorial integrity of the SEATO Treaty creates certain obliga­ HON. DON H. CLAUSEN Cambodia. tions in the event a party is the victim of an OF CALIFORNIA Generally, a neutral state must remain im­ "armed attack." In Articles 4(1) and 4(2), IN THE HOUSE OF REPRESENTATIVES partial while the belligerent state must re­ the treaty carefully establishes a distinction spect the neutral's impartiality. The bel­ between an "armed attack" and "subversive Tuesday, May 19, 1970 ligerent must also respect the territorial in­ activities directed from outside." As pointed , Mr. DON H. CLAUSEN. Mr. Speaker, tegrity of the neutral state. On the other out above, the thesis that an "armed attack," to which the United States could legally re­ the recent tragedy at Kent State Uni­ hand, the neutral state is obligated to pre­ versity is on the minds of many Ameri­ vent the use of its territory for tne launch­ spond, occurred, cannot be sustained. The ing of attacks by one belligerent upon late Secretary of State John Foster Dulles cans today and will have its impression another. While a state may disregard viola­ himself cautioned that the treatly language for years to come. tions of its territorial integrity, a neutral would not support the contention that "any This past week, the Ohio State Society state has the duty to protect such viola­ country which feels it is being threatened by held a meeting, presided over by our tions, because failure to do so would offend subversive activities in another country is former colleague Walter Moeller, and its duty to maintain impartiality. However, free to use armed force against that coun­ try." The SEATO Treaty expressly requires, attended by members of tile Ohio con­ the breach of neutrality by either a bellig­ gressional delegation, their wives and, erent state or a neutral state does not ter­ moreover, that the parties consult before minate neutral status. Only a declaration taking any action to meet the common dan­ of course, present and fo-rmer Ohio resi­ of war or hostilities amounting to acts of ger posed by such outside subversion. The dents now living and serving in some war by one or the parties will have that United States made no effort to consult with capacity with Federal agencies, congres­ effect. the SEATO allies prior to taking action in sional staffs and other private and public Cambodia. More important, the failure to sector positions of responsibility. I was The Administration argues that North obtain Cambodian consent or act in response Vietnamese forces have violated the terri­ to a Cambodian invitation resulted in a di­ among the invited guests. torial integrity of Cambodia and that they rect, unequivocal violation of Article 4(3), The principal event of the evening was have utilized Cambodia as a base for mili­ Cambodia having been designated a state to have been the presentation of an - tary operations against South Vietnam. Cer­ to tainly, these actions constitute a breach by within the scope of Article 4 by the Sep­ award the very distinguished president tember 1954 Protocol to the SEATO Treaty. North Vietnam of Cambodia neutrality. But of Kent State University, the Honorable they do not terminate Cambodia's neutral The Cambodian incursion, demonstrably vio­ Robert White. However, due to the ex­ status. Indeed, it has been tlie announced lative of the SEATO Treaty, could hardly have tenuating circumstances associated with policy of the Cambodian government, albeit been justified under it. the tragic incident, President White felt unsuccessful, to keep its territory free of D. The position taken by the United States that he should remain at the university armed Viet Cong troops. Hence under tradi­ in analogous situations and sent his vice president for admini­ tional principles of international law, the The act16n taken by the United States 1n stration, Dr. Ronald W. Roskens, to rep­ movement of American forces into Cambodia Cambodia ls inconsistent with the position is itself a violation of that state's neutrality propounded by the United States in the past. resent him. unless some further justification can be When confronted with similar types of action In addition to receiving the award for shown. initiated by other states, United States Dr. White, a message was delivered to The argument that Cambodia ratified the spokesmen in the United Nations have con­ those attending by Dr. Roskens, that, in American action a.fter it had taken place is sistently condemned unilateral attacks di- my judgment, was one of the finest, most May 19, 1970 EXTENSIONS OF REMARKS 16207 timely and constructive speeches I have For a brief period of the fourth day of another side points to the obvious aban­ heard since my arrival here in the Con­ May, nineteen hundred and seventy, the sym­ donment of reason by some of these stu­ pathy and sorrow of the world rested on the dents ..• gress nearly 8 years ago. Kent State University campus. The attention . . . The list can go on and on . . . and Everyone in the audience was visibly of the global community shifted from the we must add to any consideration of causal moved by the devilery but, more impor­ conflicts of Southeast Asia and the Middle factors the sincere aggravation of a large tantly, the content of the speech. East, and focused on the tragedy which had faction with the increasing involvement of It prompted me to seek recognition befallen our University. the U.S. in Cambodia and Southeast Asia ... and respond, briefly, to his remarks. I Lord Byron's story of Don Juan tells us while another vociferous core group cries for felt then, as I do now, that this speech that all tragedies are finished by death. For total military victory. Kent, the tragic deaths of four young stu­ I keep visualizing that scene in MacBeth could, conceivably, generate the turning dents write not the epitaph but leave instead when Lady MacBeth cries out in desperation, point in American history on just what indelible scars that linger on. unable to remove the blood from her hands. direction our American colleges and uni­ The events of the first four days in May All of us must accept responsibility for this versities take in the future as it relates are still not clearly understood. Unfortu­ terrible turn of events both at Kent and in to campus conduct and student, faculty, nately, some reports in the public media a larger, national sense. and administration roles and responsibil­ added to confusion, rumor and speculation. Our overriding concern, however, must be ities. Indeed, criticisms of reporting inaccuracies for the future; we must try diligently to have been registered in media reviews, in­ maintain our equilibrium so that we can view Once all the facts are revealed relating cluding assertions that the bias shown by thiS horrendous event in broader perspective to this tragic incident, I believe we can certain commentators helped polarize an al­ than that of the moment, at the same time look forward to new policies being estab­ ready inflamed public. not forgetting the personal tragedies, and lished in colleges and universities and What can we say with reasonable assur­ the kind of suppression which these circum­ new attitudes developed in the minds of ance? stances temporarily thrust upon us. students. We do know that Law Day celebrations We lived for the whole country an experi­ Personally, I believe the time has come were taking place in other parts of the na­ ence which revealed something alarming when all Americans must realize that ed­ tion on May 1, a group of Kent State stu­ about what we regard to be one of our most dents met on the University Commons to precious elements-academic freedom. The ucational institutions are established for bury our Constitution and to protest U.S. in­ eyes and ears Of the world experienced, the purpose of providing education, and volvement in Cambodia. By evening the sym­ through Kent State University, what it not for politicization. We cannot con­ bolism of a dead Constitution took a more means to find academic freedom meaningless tinue to permit the so-called "emphasis tangible form when an unruly mob of some in a democratic society. They witnessed the on social experimentation'' in our col­ 400 persons smashed store fronts and win­ results Of escalating threats, and terror, and leges and universities. dows through a two block section of the City. violence in a University milieu. Conceptually, academic freedom accords In the current hysteria that is far too The citizens of Kent were understandably frightened. The City constabulary numbers respect to whatever views individuals may prevalent on our campuses today, more fewer than twenty men and is an hour or take as a result Of intellectual analysis and and more colleges are becoming com­ more from immediate neighboring help. As discourse. It implies independence from all mitted, as institutions, to partisan posi­ a precaution the Mayor alerted the Governor unreasonable and improper pressures, be tions. This movement was primed by pre­ of the possible need for troops of the Ohio they from government or industry, patriotic vious antiwar protests, by militant de­ National Guard. Less than twenty-four hours organizations or students. But academic free­ mands for institutional activism and by later when the midnight blue sky of Satur­ dom dissipates rapidly whenever intimidat­ erosion of the faculty's authority by an day, May 2, gave way to the red fires of ing or threatening propositions are intruded. arson as the torch was put to the University It is eroded completely and becomes point­ overemphasis on student participation in R.O.T.C. Building, the Mayor requested that less whenever violence erupts and the insid­ the administration of the institutions. I aid. Troops of the National Guard subse­ ious influences Of force are present-as we strongly believe in student input and in­ quently patrolled the Kent community­ witnessed at Kent State University. volvement, but this trend toward moboc­ City and campus. A nationally known scholar and historian racy tends to make one think we are That "violence begets violence" can be Dr. Henry Steele Commager spoke not long seeing, here in America, a repetition of no more dramatically portrayed than during · ago to the use of force on the campus: what happened to the universities in those four tense days in early May. The win­ The use of force ..• closing buildings, as­ Hitler's Germany, Latin America, Japan, dow smashing melee of Friday night became saulting or intimidating members of the a building burning sortee by Saturday night faculty, setting fire to .•• (buildings) •.. and other countries. and served as prologue for the armed and (is) ..• the very antithesis of reason and Academic freedom can only be sus­ tragic confrontation of Monday noon. The the deepest repudiation of the university. tained through the retention and as­ same bell that heralded the beginning of a Force is abhorrent to academic freedom sumption of basic academic responsi­ peaceful rally on Friday noon, tolled sad and and to the University itself. But if we are bilities. mournful sounds on Monday-a postlude to repulsed by the force and violence used to I believe Dr. Roskens' very eloquent death. close a university or destroy its buildings, we That a number of Kent students were in­ must be equally repulsed when force is em­ speech could serve as a guideline for the volved in the disruptions of campus and ployed to keep the university fUnotioning. future, based upon their very sad and City is clearly fact. But there is additional The problem facing our University along tragic circumstances of the immediate evidence which indicates that outside ele­ with several hundred others and perhaps past. ments helped stoke the forges of violence. every American educational institution, is Therefore, I submit to my colleagues a We may fully expect the final report to docu­ not how to keep the universities open, but partial transcript of his recent remarks: ment the importation of some hard core rev­ how to keep them open and free! olutionaries into the Kent community. Con­ We must not permit what I am certain is LESSONS FROM OUR DARKEST HOUR sequently, we urge that any disposition to a relatively small, but well organized group (Ronald W. Roskens, vice president, Kent condemn the Kent State student body, per­ of revolutionaries, to close the educational State University) se, be reserved until all facts have surfaced. institutions of America. If they prevail they (These remarks were presented to a joint The wagging fingers of accusation have will reduce to shreds the very fabric through gathering of the Ohio Society and Kent been busy since death struck that Monday which the threads of our matchless free­ State University alumni in Washington, D.C., noon but I believe that far too much time doms have been so carefully interwoven. The Wednesday, May 13, 1970. On this occasion has been spent in recriminatory efforts to progress of this nation and the world de­ the Ohio Society presented an honorary mem­ assess blame. The question of blame is moot pends on the success of education in gen­ bership to President Robert White in ab­ and fruitless, but impossible to obliterate. eral and on the success of higher education sentia.) I would simply suggest that small pa.reels of in specific. There is no rational being in the universe accountability must be placed on many-if At a press conference following the May 4 who would not gladly exchange the first thir­ not all-doorsteps. shootings, President White told the nation's teen days in May at Kent State University ... While one side cries that Guardsmen newsmen: for an opportunity to begin the month de should not have fired . . . another cries I hear lunacy on the one side and fright­ novo. But the easy route of fantasy is not that students should not have gathered to ening repressions on the other and I don't available to us. taunt, harass, and throw potentially in­ hear from that traditional center position Nor is there anyone in this assemblage who jurious items . . . that says: 'Let us discuss fully and without would not prefer to see and hear the distin­ •.. While one group cries that troops limits and let us come to a decision and a guished gentleman in whose stead I appear should never have· been called ... the other conclusion within orderly processes which are tonight. You understand his inability to be side remonstrates that buildings should not in themselves subject to orderly change.' present, and you recognize that I am a mere have been burned nor property damaged ... At this point we must note the good for­ substitute, but, I should add, one who feels •.. While one side argues that University tune of Kent State University in having as profoundly honored to represent President officers and faculty should have established president a man with the strength and lead­ White on this occasion. more dialogue with dissident students ... ership of Dr. Robert White. He represents, CXVI--1021-Part 12 16208 EXTENSIONS OF REMARKS May 19, 1970 in composite sense, that balanced tempera­ one another and engaged in combative inter. of further explanation, Charles Darwin gave ment that is so desperately needed in times action that made a sense of community even us an amusing example of an ecologic sys­ of tension and crisis. less attainable. tem in his Origin of Species; Darwin's dis­ Here I should like to pause to insert a That conversation is painfully close to the cussion of the consequences of introducing p aragraph contained in a recent letter ad­ realities of the moment and it behooves us a cat into rural England is a classic: dressed to President White from a nationally now to insure that the character and copy "The number of humble-bees in any dis­ recognized, highly respected educational of John Gardner's story remain fiction. We trict depends in a great measure upon the leader: must not permit the University community number of field-mice which destroy their At last, a chance to send you a note to further to disintegrate, nor can our free combs and nests ... Now the number or let you know our sorrow for you, your good ,larger society afford the demise of its uni­ mice is largely dependent, as everyone knows, wife and the university you built. No one versities. on the number of cats; ... Hence it is quite else can really feel your sadness but we know Ladies and gentlemen, the situation be­ credible that the presence of a feline animal it exists, deep and full of personal anguish. fore us is gravely serious and the challenge in large numbers in a district might deter­ No other college or university president, of immense. The times c..

room"-there were perhaps 160 present-­ SEVEN DAYS IN MAY-AT UC RIVERSIDE: background as students organized a mon­ "have ever really feared for their lives?" Not During the period between Monday. May itor corps for the task of maintaining order. a hand went up. This, I reflected, ls the "gen­ 4 and Sunday, May 10 a. series of unique in­ Result: There was no violence. erat ion gap." cidents occurred involving students and fac­ Sixth day: Saturday, May 9: Because of this insulation, this innocence, ulty at UCR as well as the general commu­ The rally in the Riverside mall attracted t hey have no sense of the extent to which nity of Riverside. You may find them of in­ some 3000. It was held adjacent to the main violence threatens the very fabric of com­ terest. office of the Bank of America in Riverside. munity. Violence is, in fact, the most malig­ First day: MondaY, May 4: Not a dime's worth of damage occurred. nant infectious disease known to man, and Several hundred UCR students marched Students policed the area, picking up every the only hope for a decent society is to main­ two miles from campus to the Riverside City scrap of paper on the mall at the conclusion t ain force as a public monopoly to be exer­ Hall. The march occurred at the rush hour of the rally. The march to the park was un­ cised only under rigorous standards. Yet, for traffic (5 p.m.). Patrol cars of the River­ eventful. Student monitors with walkie­ when I suggested that the only sensible side Police Department, and members of the talkies functioned perfectly. Police were re­ course a university can follow, when it is Riverside Police Department on motorcycles, quired only at intersections for traffic con­ subjected to ideological gangsterism, is to convoyed the group. trol. At the park Chancellor Hinderaker was call the police, my students winced and Result: The march was peaceful. In a ges­ among the speakers who praised students for wiggled. ture unique in these times, the students their commitment to non-violence. The rally Ironically this notion of the university as cheered the police for their help (the po­ was chaired by Councilman Sam Digall. a "sanctuary," off-limits to the police power, lice conveniently neglected to insist on a pa­ Result: There was no violence. has the practical result of turning it into the rade permit for the spontaneous demonstra­ Seventh day: Sunday, May 10: softest target in town for extremists. But tion) . There was no violence. The student-faculty canvass committee when the students thus reject the principle Second day: Tuesday, May 5 : maintained it-s information and education of authority in favor of a new medievalism, Several hundred UCR students left a cam­ program. The campus was quiet. The crisis­ they create a vacuum that society must fill. pus rally, entered the administration build­ for the moment--appeared over. Since in another mood they demand a "rel­ ing, and marched to the office of Chancellor evant education," the point must be made; COMMENT Ivan Hinderaker. Their object: to protest In many ways, UC Riverside-its students, in any society confronted by nihilists, rele­ U.S. policies in Indochina. vance is cops. faculty, administration and adjacent com­ Result: The march was peaceful. After munity-was unique in the nation: united talking with University officials-the Chan­ in their commitment to non-violence, they cellor was in Berkeley-the students left. achieved an expression of dissent without re­ There was no violence. sort to destruction. PEACEFUL DISSENT Second day: Tuesday, May 5, afternoon: In a time of trouble, the example of uni­ Several hundred UCR students then versity students in Riverside seemed to offer marched down to the Council Chambers a hopeful development. UCR and its students HON. GEORGE E. BROWN, JR. where the Riverside City Council was in ses­ were not then and are not now seeking con­ OF CALIFORNIA sion. They asked for and received permission gratulations. The times are too uncertain for IN THE HOUSE OF REPRESENTATIVES to enter the Council. City business was set that. A dozen moments during the period of aside and the members of the City Council Tuesday, May 19, 1970 May 4-10 situation flirted with disaster. But talked with the students for more than two the UCR experience proved that not all Mr. BROWN of California. Mr. hours on the war and related issues. university campuses are battlefields, not all Result: The City Council agreed to the re­ communities hostile, and not all police are Speaker, although the general public quest of the students for a city-wide rally probably is a bit more familiar with the unfriendly. However, the future of the UCR set for Saturday noon, May 9, in the down­ experiment is, perhaps, uncertain at best few turbulent instances of protest that town mall of the city and also a one-and-a­ and subject always to the special pressures have arisen over President Nixon's inva­ half-mile march to Fairmont Park for an of this angry age. sion of Cambodia, I have been extremely afternoon discussing the issues. Following UCR's 5500 students and 450 faculty impressed with the overall-peaceful and their meeting with the City Councilmen­ have-so far-a unique thing going for organized manner of dissent of the past a session that had occasional stormy mo­ them. With continued commitment--and a 3 weeks. ments of rhetoric-students once again little bit of luck-they may yet make it. But cheered police for their courtesy. There was it is not, and won't be, easy. For each confrontation, I see 50 to 100 no violence. examples of orderly and constructive ef­ Third day: Wednesday, May 6: UNIVERSITY OF CALIFORNIA, RIVERSIDE, forts aiming at positive redirection of Members of the Radical Student Union Riverside~ Calif., May 6, 1970. many of our misguided national policies. and others who stood at the entrances to To Members of the UCR community. For each rock thrown, a thousand the USR campus and gave each motorist en­ Last fall in my annual "State of the Cam­ names on petitions. tering two sheets of paper, one of them a. pus" address, I stated my personal feeling For each epithet, 10 to 20 silent mani­ message to students from Chancellor Hinde­ that the war in Vietnam is "disastrous." Now festations of prayers for peace. raker, the other instructions for peaceful that this war has officially spread to Cam­ For each new nilhist, a hundred new protests. The message from the Chancellor bodia, as an individual, I see the disaster as was reproduced by the students at their having been compounded. converts to working to reform within the own expense for mass distribution. I am deeply concerned. I know that many existing system. Result: There was no violence. of you-students, faculty and staff-are also Today, I would like to place in the Third day: Wednesday, May 6, noon: deeply concerned. The question we all ask RECORD, a series of statements, articles, UCR shut down at noon at the request ourselves is: What can we do? Realistically, and documents presenting the peaceful of UC President Charles Hitch and Governor the answer is: Not as much as we might like. nature of our cunent dissent. Ronald Reagan. Student rallies continued all One thing we can do is become better in­ I am proud of the young Americans afternoon. formed about the issues. Another thing we Fourth day: Thursday, May 7: can do is to discuss these issues-and the whose activities are outlined here. I am Chancellor Hinderaker stood for five hours implications they have for our freedom as very proud to be associated with them, outside the locked administration building a people-with our friends, not only on cam­ and I heartedly endorse and support the to talk with students. Some 1500 students pus but in the community as well. As in­ programs and policies for peace that they and many faculty joined in a massive com­ dividuals we may be able to exert a more have established at this crucial point in munity effort to inform Riverside about the direct influence on the direction of our for­ our Nation's history. issues as they saw them. eign policy. Specifically, I want to congratulate the Result: Student and faculty teams began As a start, I am suggesting to members of students, faculty, and administration of house-to-house canvass of the city of River­ the faculty that they set aside Thursday side. Teams were instructed in ways of in­ and Friday, May 7 and 8, for special discus­ the University of California at River­ forming without undue irritation. There was sions on the Cambodian crisis in their side-in whose bet.alf yesterday I intro­ no violence. classes, in campus meetings and in other duced a petition on the Speaker's table Fifth day: Friday, May 8: suitable ways. signed by about 35 percent of the River­ Today followed much the same pattern During this period of crisis and concern, side campus community, a petition call­ with the Chancellor available to students I urge members of the faculty to give special ing for immediate withdrawal of all (he also held infoxmal discussions with stu­ priority to such discussions, and to delay ex­ American military and paramilitary dents in his home on Wednesday and Thurs­ aminations and other regular instructional forces from Southeast Asia, for congres­ day evenings between 8 p.m. and midnight), requirements that may be scheduled for sional actions to halt war funding, and and the faculty-student canvass moving these days. into high gear. Students and adminis­ As I have stated on many occasions in the for a congressional censure of President trators met with city police to plan Satur­ past, I will give every protection to students Nixon's Cambodia policies-Cypress Col­ day's rally and march. The students asked who wish to protest or demonstrate their lege, and the College of San Mateo. for and received permission to control all as­ dissent so long as they remain within the The material follows: pects of the event. Police remained in the ample limits of campus rules affecting such May 19, 1970 EXTENSIONS OF REMARKS 16237 behavior. I will also give every protection to CYPRESS COLLEGE, envelopes. Miss Kemper, a deeply tanned girl those students who wish to refrain from Cypress, Cali f., May 7, 1970. with streaked blonde hair, explained why open demonstration. Congressman GEORGE BROWN, she was there: I understand the special frustrations af­ House of Representatives, "We're all faced with a decision in this fecting students today. I feel frustrations Washington, D.C. country, whet her to break off from the Es­ too. Despite our frustrations, we have a re­ DEAR Sm: We, as students of Cypress Col­ tablishment completely or to try to change sponsibility to maintain the freedom and lege, represent the youth of a sizeable por­ it. I just think the system is too strong to integrity of our campus. We must always tion of Orange County. On the assumption go outside it, but we can change it by elect­ remember that the integrity of the Univer­ of this responsibility we feel t hat we must ing the right people. The people on the far sity is what gives us our strength. To close convey to you the )ncern of our fellow left accomplish nothing except to polarize the University, even as a symbolic act, would st udents relating to contemporary issues. the country." squander that strength. Let us seek to solve We view with alarm the rising number of Miss Kemper is typical of the thousands of civic problems with tools available to us as violent demonstrations on our nation's young people who are turning to politics­ citizens. campuses, and with greater alarm t he reac­ within the syst em-in the aftermath of !VAN HINDERAKER, tive attitudes reflected by our government Cambodia and Kent Stat e. Interviews here Chancellor. and the populace of this country. and by New York Times correspondents As rational individuals we are expressing across the Unit ed States show that the new TEXT OF A STATEMENT GIVEN TO MEMBERS OF our opinion without violence in the hope student activists tend to be new to the THE UCR COMMUNITY BY CHANCELLOR !VAN that your response will prove that there game, frustrated by the pace of peaceful HINDERAKER ON SATURDAY, MAY 9, 1970 really is an obligation to the people on the change, yet opposed t o violence. part of our elected officials. V' e are concerned And many of them do not come from the We experienced this week an event unprec­ with -:.he ability of our Chief Executive to liberal, well educated homes that had tradi­ edented in California higher education: the once again involve us in a military action on tionally produced student activists. Like shutdown of this campus and the University. foreign soil without even attempt ing to Jeannie Kemper, a sizable number are chil­ I did not like to close UCR. You did not like fulfill hif: constitutional obligations to Con­ dren of the silent majority. it either. gress. "My father is a military m an and I just I have always strongly support ed the right We are also concerned with the attitude can't talk to him any more," said Miss Kem­ of students to dissent lawfully. But I am engendered in the American public which per. "He's ready to kick me out of the house. opposed to any decision-regardless of the ha.c; enabled them to accept, wit hout sig­ He still believes it's all a Communist con­ provocation-that prevents other students nificant protest, the killing of several un­ spiracy." who wish to attend class from doing so. Once armed students on a college campus. We feel There are still plenty of students who the right of students to attend class and the that this attitude is due in part to the would rather canvass a beach than a pre­ right of teachers to teach is tampered with, derogatory statements concerning the aca­ cinct, and many radicals feel electoral the campus moves int o uncharted territory demic community which have been expressed politics is a fraud. But for those who oc­ with unknown consequences to its future by the present administration. cupy the middle ground between apathy and freedom and independence. It is my earnest We are enclosing a copy of a resolution anarchy, politics provides a chance to over­ hope that this decision to close the Univer­ which has been passed by our Student Body come their sense of helplessness and hope­ sity will soon be seen as incompatible with Cabinet. This resolution formally st ates what lessness. those very values which we as a campus, and has been conveyed in this letter. "Students who were never involved before as a societ y, are pledged to preserve. Thank you for your consideration and ex­ now suddenly feel they've got to do some­ During this difficult period, however, when pected response. t hing," said Hal Mickelson, a student leader it would be so easy to succumb to despair, I Respectfully, at Stanford. "This Cambodian thing is in­ have found reason for hope. I have found DAVID H. FLORES, sane to them." reason for hope---and, yes, pride, too--in the President, Associ ated Student Body. constructive fashion in which concerned UCR CONGRESSIONAL RACES students and faculty have conducted their COLLEGE OF SAN MATEO, Probably the most ambitious political de­ activities this week. In what I wish could San Mateo, Cali f., May 7, 1970. velopment has been the Movement for a be a model for the nation's college and uni­ DEAR CONGRESSMAN: The President's de­ New Congress, whose basic aim is to mobil­ versity campuses, UCR students and faculty cision to enter Cambodia without consulting ize students to work for peace candidates. have gone to the community, with pamphlets his Congress and the people is dictatorship­ Since the organization was started at Prince­ and persuasion, peacefully carried their sug­ and he is accusing those who protest of t on two weeks ago, chapters have been gestions for change from door-to-door. anarchy. formed at more than 100 campuses. I have found reason for hope in the gen­ The youth of this country cannot be ex­ Princeton has already agreed to allow stu­ erous spirit of the members of the River­ pected to respect their country and its con­ dent s to take time off next fall to work in side community who have listened and, in stitution if the highest office in t he Nation t he election, and students are pressuring most cases, responded in gracious fashion. I shows none. other schools to follow suit. But in some would not expect everyone to agree with the areas, young people have already plunged into We must get out of Southeast Asia. It point of view expressed by their campus critical primary campaigns. is a needless waste of our natural and hu­ visitors, but I am heartened by the courteous Here in California, students are turning reception they gave to them. man resources. As our representatives, you must act to implement this withdrawal. out for Representative Brown, who is com­ I have found reason for hope in the atti­ Peace t here will bring Peace at home. peting for the Democratic senatorial nomi­ tude of helpfulness-and pat ience---exhibit­ Most sincerely, nat ion. For instance, several departments ed by members of the Riverside City Police Michael Chirs, Martha P. Eddy, J. W. at the University of Southern California during this period of crisis. Surely the city of Wilson, T. B. Curre, G . C. Diavel, Alice have each taken an assembly district to Riverside must be the only spot in the na­ E. Shoir, Joyce Carlson, S. Roslan­ canvass for the candidate, one of the first tion this week where students, on two occa­ iche, Maxine J. Danjoir, D. H. Krigh. Congressmen to vot e against funds for the sions, gave cheers to the police of this city. Brooks Lambert, Laura J. McGrady, Val­ Vietnam war. I have found reason for hope in the will­ erie Manuel, Evelyn Long, Barbara Other candidates receiving youthful sup­ ingness of the Riverside City Council to set Hart, H. C. Monroe, J. E. Innis, Ben­ port include Norval Reece, Senator McCar­ aside "business as usual" this week and jamin D. Pretzzi, Stuart Williamson, thy's campaign manager in Pennsylvania, spend considerable time listening to the con­ M. C. Bucher, Karl A. Grassenbacker, who is running for the '3enate in that state; cerns of students. Shirley Mainwaring, Norman F. Brest­ the Rev. Andrew Young, an aide to the late The Press-Enterprise carried an editorial ner, D.R. Le Galliar, Lea V. Kelly. Rev. Martin Luther King Jr., a House candi­ on Thursday titled "Good Sense Prevails in date in Atlant a; and Gary Hart, who worked Riverside." It said, in part: "If everyone con­ [From the New York Times, May 18, 1970) in Representative Allard K. Lowenstein's tinues to do as many things right as they campaign on Long Island in 1968 and is have done so far this week ... Riverside can STUDENTS TURN TO POLITICS IN EFFORT TO now running for the House in Santa Barbara, be enriched in the understanding of a burn­ CHANGE SYSTEM Calif. ing public issue while still protected on its (By Steven V. Roberts) COORDINATION SOUGHT civic peace." I couldn't agree more with the Los ANGELES, May 17-Two years ago, when Student interest has been running so high expression of this idea. the nation's college students propelled the that some people are already trying to co­ This is not the time to become complacent. Presidential campaign of Senator Eugene J. ordinate what threatens to become chaos. There remains too many uncertainties for McCarthy, Jeannie Kemper could not have Mark Talisman, an assistant to Representa­ that. But what has occurred at UCR and in cared less. "I was a home economics major," tive Charles A. Vanik, Democrat of Ohio, Riverside this week gives me renewed confi­ she recalled the other day. "All I worried is organizing a telephone clearing house dence in the ability of campus and com­ about were recipes and parties." to give prospective workers information munity to survive this period of crisis more But last week Jeannie Kemper, a junior about candidates in their own areas. The united than ever in a joint commitment to at Long Beach State College was sitting at a Democratic National Committee has an­ the nonviolent solution for our mutual prob­ long table in the headquarters of Repre­ nounced a similar operation. lems and concerns. sentative George E. Brown Jr., addressing While the new political concern has pro- 16238 EXTENSIONS OF REMARKS May 20, 1969 duced a massive lobbying effort in Washing. While these scenes demonstrate the variety Va., and is one of my constituents in the ton against war spending, students are also of activity on the state's campuses Thursday, Second District. She is the daughter of invading state capitals from Madison to a fourth scene actually predominated: stu­ Dr. and Mrs. John P. Shelton, and is a Sacramento, urging passage of bills that dents going to class. junior at Old Dominion University, in would prohibit local residents from fight· DISCUSSION OF ISSUES Norfolk, majoring in art. She has been a ing in undeclared wars. Class attendance was reported high around The young people engaged in these ef· cheerleader for the Norfolk Neptunes the state, but many classrooms were filled professional football team, and is a pro­ forts are united by more than a desire to "do more with the talk of war and other press­ something." Many of them oppose violence ing concerns than with normal instruction. fessional model. and resent the popular image of the students Many students were already taking advan­ As Miss Virginia she was a swimsuit as rock-throwing radical. tage of relaxed grading procedures and cur­ finalist in the Miss USA Pageant and was "Violence might get rid of frustration, and riculum requirements by devoting the bulk named as the most photogenic contest­ it is understandable, but it only brings on of their time to working against the war in ant. Miss Shelton will represent the more repression,'' said a U.C.L.A. student Southeast Asia. handing out literature for Representative United States in the Miss Universe Pag­ A committee of the UCSB Academic Senate eant this July. Four of the previous Miss Brown. approved a plan under which students may Moreover, many of them do not want devote nearly their entire schedule to an USA's have gone on to become Miss Uni­ merely to vent their feelings. A key word experimental extension course already in verse, and I have great confidence in this in their vocabulary is "effective." existence, "The National Crisis: The Prob­ year's Miss USA. "It is about time," said Mary McCormack, lem and its Solutions." The course will meet Mr. Speaker, I want to express the a senior at the University of Illinois, "that from May 18 to June 16. pride of the people of the Second District, something was done for effective political action rat her than just standing around at a STUDENTS HAVE ALTERNATIVES and indeed of Virginia, in the selection rally." As an alternative, students also may sus­ of Miss Shelton as Miss USA. Her gra­ A LINGERING FAITH pend their normal class work and take an cious manner and pleasing personality Perhaps most important, the students who incomplete rather ,than a failing grade, or reflect the hospitality of Norfolk and the choose politics maintain a lingering faith they may have a faculty member allow other Commonwealth of Virginia. She will be in the system, or at least an appreciation of requirements to be substituted for the final an outstanding representative of this Na­ its influence. Susan Salisbury, a law student exam. tion, and we will be among her most en­ Cal State L.A. President John A. Greenlee at Southern California, said: thusiastic supporters in the Miss Uni­ "In 1966, a lot of people said it would not issued a statement permitting students who do not want to continue formal classroom verse Contest. make any difference whether Pat Brown or Winning the title of Miss USA is sure­ Ronald Reagan got elected. But I was work­ work to pursue other activities without pen­ ing for the Welfare Department, and I saw alty. They may take incompletes, extend final ly one of the high points of a young wom­ a lot happen. After Reagan won, there was deadlines one week or take grades they an's life. I extend my congratulations tremendous pressure to cut people off welfare would have been given May 13. and best wishes to Miss Debbie Shelton. and cut back on other benefits. Elections Meanwhile, UC Irvine Chancellor Daniel do make a difference." G. Aldrich issued a clarification of the fac­ Most of the new activists have never been ulty's action last Sunday night, allowing involved in politics before. "These are the students to receive credit for taking part in TOO MUCH FREEDOM NO FREEDOM fence-sitters, not the long-haired crazies," antiwar activities. AT ALL said Susan King, a staff member for the Com· Aldrich explained that students can use mittee for an Effective Congress in Washing­ an existing "individual studies" provision ton. "A lot of them don't even know who and work out coursework in Education 199 or HON. E. Y. BERRY their Congressman is, but all of a sudden 299 of their own choosing, with the approval OF SOUTH DAKOTA they're radicalized." of a professor. The chancellor said it was important to IN THE HOUSE OF REPRESENTATIVES OTHERS OPPOSE POSITION note that the Irvine faculty "has not in any Tuesday, May 19, 1970 Other veterans of the political wars have way suggested that academic work on this given up. The Daily Cardinal at the Univer­ campus should cease during the remainder Mr. BERRY. Mr. Speaker, I have asked sity of Wisconsin react ed to the Princeton of the spring quarter ... (The faculty) has consent to insert in the CONGRESSIONAL plan this way: assured that all regular courses will continue, RECORD an editorial appearing in the Mc­ "No, the political position of Princeton that students who wish to add studies of im­ Laughlin, S. Dak., Messenger, which I feel students can perhaps be most kindly de­ mediate interest will be able to do so ..." should be widely read. The editorial fol­ scribed as oblivion. In the face of crisis at At UCSB and UC Davis, the Academic Sen­ home, a murderous war abroad, and rioting ate has approved a resolution calling for a. lows: in the streets they are talking about 'doves' two-week recess to give students time to Too MUCH FREEDOM No FREEDOM AT ALL and 'hawks' and Congress. We have been there participate in the November election cam­ It may be that the students who are rioting and back. We will not retrace our steps again paigns. A faculty spokesman said the meas­ and causing unrest suffer from an overdose but right now we'll move in the only way we ure must be approved by the statewide ad­ of freedom. In a free society there must be know how-by bringing our anger to the ministration. laws, rules and regulations or there is no streets." At UC San Diego, the Academic Senate freedom. There has to be a society of law The new activists also have their doubts. rejected by a vote of 119-57 a proposal to re­ in order to have freedom or one group of peo­ "I don't know if the political system can quest dropping of charges against all stu­ ple will infringe upon the freedom of others. work,'' said Andy Schwartz, a law student at dents involved in sit-ins, substituting a rec­ Perhaps we have too much freedom-free­ U.S.C. "I'd like to give it a last try, but none ommendation that the courts consider the dom to see any kind of films we wish, freedom of us are sure." "deep moral motivation and restraint shown" to take LSD and marijuana, freedom to burn by the students. public property, freedom to grow long hair [From the Los Angeles Times, May 15, 1970] and wear filthy clothes, freedom for boys and glrls to live together in college dorms, free­ PEACE ACTIVITIES ON CAMPUS FEATURE dom for a supreme court justice to advocate BUBBLE GUM, PAINT revolution, freedom for people to go around (By Paul Houston) TRIBUTE TO MISS U.S.A., VIRGINIA'S the country shouting "burn, baby, burn." At UCLA Thursday, a group called Head­ DEBBIE SHELTON We may be suffering from a backlog of fail­ quarters of World Happiness began passing ure to say "no" in our schools, homes and out the first of 106,000 pieces of bubble gum churches. they plan to distribute on the university's HON. G. WILLIAM WHITEHURST We cannot become a nation governed by nine campuses to promote peace and happi­ OF VmGINIA riots and protests or we will soon be no na­ ness. IN THE HOUSE OF REPRESENTATIVES tion at all but a country of mobs, bands and In Oakland, a group of Mills College girls tribes. in leotards and flowing robes invited boys Tuesday, May 19, 1970 There must of course be the right to dis· bound for the Induction Center to refuse to Mr. WHITEHURS':'. Mr. Speaker, I sent. People must have the right to speak out join the armed forces and go to the Mills when they think the government is wrong. take pride in calling the attention of my When decisions are made through legitimate campus for some tea and talk. colleagues to the winner of the Miss USA At UC Santa Barbara, 13 students smeared processes by people elected to make those de­ their clothes with red paint to protest the Pageant, Miss Debbie Shelton. She re­ cisions we must abide by their actions. bloodshed in Southeast Asia and lay down in ceived the title over 50 contestants at We went through one civil war to pre­ front of the administration building. Cam­ Miami Beach, Fla., Saturday, May 16. serve this point. Let us hope we do not have pus police had to drag them away. Miss Shelton 1s a resident of Norfolk, to go through another.