10400 CONGRESSIONAL RECORD - SENATE May 8 and in a lot of other things. We must now ness. The Hospital Insurance Act of 1964 of high school 10 years from now and will turn our attez:.tton to our own affairs." now pending before the Ways and Means be a candidate for the job corps for which R .R. 10440, now pending before this com Committee is this administration's answer future Congresses wm be called upon to ap mittee, is a good beginning. Aptly, it is to the particular needs of this group. propriate money. named the Economic Opportunity Act of The fourth category of people are those I call your attention to an article in the 1964 because this puts the proposition in a whose lot is inextricably linked to a geo May 1964, issue of Harper's magazine. It is positive way. We intend a war against graphical area which is economically de entitled "Give Slum Children a Chance: A poverty not just in the sense of relief or a pressed. One answer to this group ts the Radical Proposal." This article ts taken welfare program, but in the creation of op extension of the Area Redevelopment Act from a book to be published by Random portunity in this country for some 35 mil which has been reported by my Committee House called "Crisis in Black and White." lion persons who can afford neither adequate on Banking and Currency and is now pend The author is Mr. Charles E. Silberman. food nor ad.equate clothing, nor adequate ing in the Rules Committee. Mr. Silberman is a member of the board of housing. We must also have Federal aid for the de editors of Fortune magazine and a lecturer H.R. 10440 is titled "A Bill To Mobilize the velopment of mass transportation facilities in economics at Columbia University. Mr. Human and Financial Resources of the Na in urban centers. Silberman points out: tion To Combat Poverty in the United Another answer to a major geographical "The root of the problem, educationally, States." But the bill must not stand alone. area poverty problem is the President's Ap is that the slum child does not learn to read The war must be fought on at least five palachian program. properly in the first two grades. Whether fronts if we are to succeed in accomplishing The fifth major category are citizens of because of this reading disability alone, or its road objectives. It will involve a five minority groups subjected to discrimination. because of ditll.culty in handling abstract fron war, with legislation pending not only One answer to this group is the Civil Rights concepts that stem from independent causes, before this, but also before other committees Act and particularly title VII thereof passed the slum child falls further and further be of the Congress. by the House of Representatives and now hind after the third grade; the gap widens, First let us dispose of one myth, the poor being debated in the other body. and his IQ actually declines. His failure to are not poor because they want to be. Some The common thread running through each read properly affects a lot more than his there may be who find that our free enter of the five foregoing categories is that each school work. It has a profound impact on prise system is not sutll.ciently challenging one of them has one or more handicaps -how he regards himself and consequently and who prefer to eke out a bare subsistent which make it more ditll.cult for them to on how he regards school. Poor reading skill existence. However, the overwhelming ma participate fully in the free enterprise at the start is the major cause of school drop jority are those who, because of various dis system. outs and subsequent unemployment." advantages, find the challenge of the free Worst of all, these handicaps tend to be Mr. Silberman says: enterprise system to be excessive. handed on from parents to the children. "Nothing less than a radical reorganiza If we look at these groups and their par The uneducated father tends to be poor tion of American elementary education 1s ticular disadvantages, we will know how to and live in a slum, bringing up his children necessary, therefore, if the schools are to be fight the five-front war against poverty. in a home environment which does not con gin to discharge their obligation to teach Some programs are underway or under tribute to the educational process. At the the Negro and white slum youngsters. To consideration for these groups. With this same time and to our shame, the schools in reverse the effects of a starved environment legislation in perspective, let us see how . it ~ such a neighborhood tend to be well below the schools must begin admitting children all fits into the entire picture. average and, thus, the vicious cycle repeats at the age of 3 or 4, instead of at 5 or 6. The I think of five major groups who have un itself. nursery school holds the key to the future- usual barriers against full participation in The new and exciting thing about this but a very different kind of nursery school our economy. First, the young and under legislation is that, with its emphasis on from the one most Americans are familiar educated. Their unemployment rate 1s young people, it recognizes that the greatest with." double that for the population generally. challenge is to break these patterns of I recommend that the members of this We have some programs such as aid to edu poverty which occur generation after gen committee give careful cons,ideration to Mr. cation and the Vocational Educational Act eration. Silberman's proposals. In fact, I believe that for the young, but something radically new I believe it was this objective that the a highly profitable study could be made of is needed because our entire educational President had in mind when in his poverty the pilot programs upon which Mr. Silber system is based on the assumption that it message he said, "the years of high school man bases his proposals. would take place in a middle-class commu and college age are the most critical stage of If we can prevent the problem from devel nity where a great deal of the process of edu a young person's life. If they are not helped oping, we can cut down or eliminate the Job cation is carried on at home. In the case of then, many will be condemned to a life of Corps in the future and know with reason a young person whose parents are poor and poverty which they, in turn, will pass on to able assurance that we have broken the pat uneducated and who lives in rural or urban their children." That is the real meaning of tern of poverty. slums, the basic assumption 1s false. The the President's recommendation for the It seems to me that the war on poverty Housing and Community Development Act creation of a Job Corps, a work-training program which Mr. Sargent Shriver has put of 1964 will help to eradicate slums and im program and work-study program. together for the President and unfolded be prove the environment in which our young These proposals are excellent and I cer fore Congress, reflects realistic, workable, and people are growing up; but other programs tainly urge the committee to support them. indeed conservative economic principles. directed specifically toward this problem are However, I also urge the committee to The United States has been hailed for our needed. consider, at least on a pilot project basis, a generosity to people in need in all parts of The second group are the middle aged who program of special assistance to primary the world. The Amert-can people have given a.re either untrained or whose skills have schools located in our poorest neighborhoods. generously of their resources as a matter of been shot out from under them either by It is in these schools that Johnny learns or responsibility. This same sense of responsi automation or other technical change. The does not learn to read. Because Johnny re bility makes a demand upon the national Manpower Retraining and Development Act ceives less reading assistance at home, these conscience that cannot be ignored. is a possible answer to the problems of this schools should be above average, and yet Our response to this problem of poverty group. we all know too well that they are usually amidst plenty must come from the heart. The third group are our older citizens and at the bottom of the educational ladder. It must spring from conviction. It must particularly those whose life savings have The 6-year-old today who is not learning be intelligent. It must be comprehensive. been, or may be, wiped out by disastrous 111- properly how to read will have dropped out America should not settle for less.
are fulfilled. That He is our strength, THE JOURNAL SENATE our purity, and our wisdom, we are grate On request by Mr. HUMPHREY, and by ful. We pray Thy wisdom, Thy strength, FRIDAY, MAy 8, 1964 unanimous consent, the reading of the Thy purity of motives, and Thy leader Journal of the proceedings of Thursday, Ohio House had passed the following bills, in Jordan, Idaho Neuberger A letter from the Acting Secretary of the which it requested the concurrence of Keating Pastore Interior, transmitting a draft of proposed legislation to provide for guaranty and in . the Senate: Mr. HUMPHREY. I announce that surance of loans to Indians and Indian orga H.R.10945. An act to authorize appropria the Senator from Alaska [Mr. BARTLETT], nizations (with accompanying papers); to tions to the Atomic Energy Commission in the Senator from North Dakota [Mr. the Committee on Interior and Insular accordance with section 261 of the Atomic BURDICK], the Senator from Idaho [Mr. A1fairs. Energy Act of 1954, as amended, and for CHURCH], the Senator from Pennsylvania other purposes; and [Mr. CLARK], the Senator from Arkansas H.R.11134. An act making appropriations BILLS INTRODUCED for the Departments of State, Justice, and [Mr. FuLBRIGHT], the Senator from Ten Commerce, the Judiciary, and related agen nessee [Mr. GORE], the Senator from Bills were introduced, read the first cies for the fiscal year ending June 30, 1965, Massachusetts [Mr. KENNEDY], the Sen time, and, by unanimous consent, the and for other purposes. ator from Louisiana [Mr. LoNG], the Sen second time, and referred as follows: ator from Minnesota [Mr. McCARTHY], By Mr. MAGNUSON (by request): the Senator from Oregon [Mr. MORSE], S. 2817. A bill to provide for the adminis HOUSE BILLS REFERRED the Senator from West Virginia [Mr. tration of the Coast Guard Band; to the RANDOLPH], the Senator from Georgia Committee on Commerce. The following bills were each read (See the remarks of Mr. MAGNUSON when twice by their titles and referred as in [Mr. RussELL], the Senator from Florida he. introduced the above bill, which appear dicated: [Mr. SMATHERS], and the Senator from under a separate heading.) H.R. 10945. An act to authorize appropria Mississippi [Mr. STENNIS] are absent on By Mr. MILLER: tions to the Atomic Energy Commission in official business. S. 2818. A b1ll to provide compensation accordance with section 261 of the Atomic I also announce that the Senator from for the loss of the leasehold Interest of the Energy Act of 1954, as amended, and for Virginia [Mr. BYRD], the Senator from Farmer's Grain Co. of Carlisle, Iowa, in cer other purposes; to the Joint Committee on West Virginia [Mr. BYRD], the Senator tain lands by reason of the construction of Atomic Energy. from Mississippi [Mr. EASTLAND]' the the Red Rock Reservoir project; H.R. 11134. An act making appropriations Senator from Oklahoma [Mr. EDMOND S. 2819. A bill to provide compensation for tor the Departments of State, Justice, and loss of the leasehold interest of John H. Mc Commerce, the Judiciary, and related agen SON], the Senator from North Carolina Klveen, Joseph L. McKlveen, G. M. Hender cies for the fiscal year ending June 30, 1965, [Mr. ERVIN], the Senator from Indiana son, and S. L. Henderson, a partnership do and for other purposes; to the Committee on [Mr. HARTKE], the Senator from Alabama ing business as McKiveen Lumber Co., by Appropriations. [Mr. HILL], the Senator from Wyoming reason of the construction of the Red Rock [Mr. McGEE], the Senator from Texas Reservoir project; and [Mr. YARBOROUGH], are necessarily ab S. 2820.. A bill to provide compensation for ORDER FOR TRANSACTION OF the loss of the leasehold interest of the Van sent. derzyl Bros. Fuel Co. in certain lands ROUTINE BUSINESS I further announce that the Senator by reason of the construction of the Red Mr. HUMPHREY. Mr. President, I from California [Mr. ENGLE] 1s absent Rock Reservoir project; to the Committee on ask unanimous consent that, as on previ because of illness. the Judiciary. ous days, there be a morning hour, under Mr. KUCHEL. I announce that the the stipulations and rules previously laid Senators from Delaware [Mr. BOGGS and down, with statements limited to 3 min Mr. WILLIAMS], the Senator from Arizona RESOLUTIONS utes. [Mr. GOLDWATER], the Senator from New WELCOMING FORMER PRESIDENT The ACTING PRESIDENT pro tem Mexico [Mr. MECHEM], the Senator from TRUMAN TO THE SENATE CHAM pore. With that understanding, and Wyoming [Mr. SIMPSON], and the Sena BER ON THE OCCASION OF HIS without objection, it 1s so ordered. tor from Texas [Mr. TOWER] are neces BOTH BIRTHDAY sarily absent. Mr. HUMPHREY (for the entire mem The Senator from Kentucky [Mr. ORDER FOR RECESS TO MONDAY, bership of the Senate) submitted an orig COOPER], the Senator from Colorado [Mr. inal resolution (S. Res. 324) welcoming AT 10 A.M. DOMINICK], and the Senator from Ne former President Truman to the Senate Mr. HUMPHREY. Mr. President, I braska [Mr. HRUSKA] are absent on Chamber on the occasion of his 80th ask unanimous consent that when the official business. birthday, which was considered and Senate completes its business today, it The ACTING PRESIDENT pro tem agreed to. stand in recess until Monday, at 10 a.m. pore. A quorum is present. (See the remarks of Mr. HUMPHREY The ACTING PRESIDENT pro tem when he submitted the above resolution, pore. Without objection, it is so or EXECUTIVE COMMUNICATIONS, w_!1ich appear under a separate heading.) dered. ETC. The ACTING PRESIDENT pro tem CONTINUATION OF J. EDGAR HOO CALL OF THE ROLL pore laid before the Senate the follow VER IN ms PRESENT OFFICE AS Mr. HUMPHREY. Mr. President, ! ing letters, which were referred as in DIRECTOR OF FEDERAL BUREAU suggest the absence of a quorum. dicated: OF INVESTIGATION The ACTING PRESIDENT pro tem REPORT ON PROVISION OF W AB. RISK AND CER Mr. HAYDEN (for himself, Mr. MANS pore. The clerk will call the roll. TAIN MARINE AND LIABILITY INSURANCE TO FIELD, and Mr. DIRKSEN) submitted a res The Chief Clerk called the roll, and THE AMERICAN PUBLIC olution Michigan happiness: Therefore be it so important and startling as to test the would wish me to express their birthday Resolved, That we welcome our distin ability of historians to keep pace. But guished colleague to the Senate Chamber on Mr. Hoover has done far more than keep good wishes to former President Harry this historic occasion, we urge him to return S. Truman, and I do so with pride. pace--he has constantly thought ahead soon again, and to enjoy this happy and and warned against impending pitfalls, His life speaks eloquently of the op historic day to the fullest. portunities this free country holds for weaknesses, and various threats. His its citizens, and of the strength of a free Mr. President, I ask for the immediate was one of the first voices to warn against society. consideration of the resolution. the menace of international communism. I hope that he will have many more The ACTING PRESIDENT pro tem He has conducted an unceasing fight birthdays and that each of them w111 pore. Without objection, the resolution against this evil. Crime of all type has be happy. will be immediately considered; without been attacked with equal zeal. objection, the resolution is unanimously This Nation owes J. Edgar Hoover a Mr. MOSS. Mr. President, I join agreed to. [Applause, Senators rising.] debt which it can never hope to pay. with all of my colleagues and with all Mr. HUMPHREY. Mr. President, I I can think of no more dedicated public Americans and with all of the peoples thank the Chair. servant. No one will ever know how of the free world in extending heartfelt many opportunities this man has turned greetings and best wishes to our dear Mr. TRUMAN. Thank you. If I have friend and courageous leader, Harry S. many more happy birthdays, I shall down which would have brought him a never have another one like this. fortune. He has sought neither glory Truman on this, his 80th birthday. How nor wealth-he has sought only perfec wonderful it is to have him with us to later extended to the county level where was held in ~e village, they prepared ham to club members, and the colts raised provide county extension agents worked with the burgers and coffee for sale. the baSls for the 4-H colt project. (This rural people. During the war, the new agents Mothers of the baking club girls were pr~am has been discontinued.) encouraged increased food production. shooed from their kitchens as their daugh A CHANGING SOCIETY Here in Kansas in 1914, Otis Hall was ap ters practiced baking for a $10 highest record pointed State leader of boys and girls club prize at the county fair. The girls captured Enrollment in Kansas 4-H Clubs reached work as an extension of the rural service first, second, and third places, which earned 32,000 last year. The 4-H program has project at Kansas State College. them a large part of the needed funds. grown in size and scope to meet the needs of The opening gunshots of World War I By 1930, the organizational pattern for a changing society. Projects no longer have placed the founding clubs of the State in the community clubs was set. Project work was to relate directly to rural life as urban clubs midst of the war effort. .Garden and canning still the principal reason for the clubs, but have become numerous. Self-improvement clubs formed with slogans of "Can to can the emphasis was being placed on the member, is as important in project work as learning Kaiser" and "Eat more potatoes-ship the not his project. about farm and home. wheat." The face of Kansas 4-H has changed in 50 The years between 1920 and 1930 have been RAPID EXPANSION years. The shift has been from corn clubs immortalized as the roaring twenties. While Expansion was rapid to all 105 counties. to community clubs, from a few projects to prohibition, short skirts, and tinkling piano On the State level, leaders conference began many. More changes are coming about all music characterized some of society, in the in 1936 with a purpose and program similar the time. Clubs are becoming more popular midwestern wheat State, the 4-H program (considering the 4-H program at that time) among suburban and urban families (some was struggling to its feet. to the present event. work in this area is still in the experimental Model club meetings appeared in 1935 as stage). Work with small groups of boys or COMMUNITY CLUB STARTED a means of improving local club meetings. girls, near the same age, is being done in The year 1922 was a star year. The com Two years later spring festivals (4-H Days) some counties. These small groups may be munity club, a federation of various proj were held. Competition drew members in formed as satellites of the community club. ect clubs in a community, was formed. Such one-act plays, choruses, and bands. Tom Cahill would no longer travel about a group was advantageous because leader World War II dealt 4-H work a heavy on his motorcycle but much more likely drive ship was centralized, leaders could be ob blow. Extension agents, leaders, and older a new model oar or make his visits by tele tained more easily, and members, leaders, members were drafted. Kansas 4-H mem phone. Corn club members competed for and parents maintained a higher interest. bership dropped from 22,500 to 17,000. trips to the agricultural college; today's 4- A club complying with certain objectives The 4-H'ers who stayed home were effec H'ers compete for scholarships to attend col was known as a standard club. Require tive in fighting, though not on the battle lege. Dorothy Mayfield's baking project ments included five members in each project front. They collected scrap iron, aluminum, would be just one part of a foods project with a leader, a constitution and officers, six paper, rubber, fat, rags-and expanded food which encompasses many factors in food regular meetings per year, a team giving one production. preparation. demonstration, and a 60-percent project Liberty ship Otis E. Hall was named Kansas has been instrumental in the pro completion. when Kansas 4-H'ers sold $2 million worth motion of 4-H nationwide. The writing of Members who excelled were invited to join the 4-H pledge has been credited to the of war bonds to finance the ship's con State's first 4-H leader. Kansas has been in the All-State Club. Eligibility was deter struction. mined by being named a State champion, the forefront of the development of such Following the war, 4-H turned from de features as: junior leadership, model meet completing 3 years in the same project, 4 fense-oriented objectives. The family farm years of club work, or winning a State dem ings, IFYE, personal development, tractor, was becoming larger and more highly and reading. Each year, outstanding 4-H'ers onstration team contes.t or judging team mechanized. The 4-H program expanded to competition. win many regional and national honors for Around 1920 the Capper clubs were popu include new projects and activities. Leader their 4-H work. lar in Kansas. Loans were made to mem ship and membership were at a high level of One thing has remained unchanged in the bers for purchase of livestock. When 4-H quality. Additional award programs pro first half century of the Cooperative Exten clubs came in strong, Senator Capper gave vided incentive to project work. sion Service. That is the service rendered his full support to them. KOCK SPRINGS RANCH by Kansas 4-H'ers. No other youth group At Camp Steeleway, in Washington County, In 1945, a 348-acre dairy farm near Junc has played as great a part in helping Kansas 71 boys from 4 counties participated in one tion City was purchased. Most of the $22,500 grow. As 4-H'ers applied better rural living of the first camps. The girls camped at cost of Rock Springs Ranch was raised practices, Kansas, as an agricultural State, Turkey Creek in Pratt County that year. through the efforts of Kansas 4-H Club mem advanced. By 1925, the Extension Division was fur bers. The mortgage was burned in 1946, aiid • The PRESIDING OFFICER. Is there nishing a camp manager to assist county the first camps were held that summer. agents in arranging and organizing camps. Temporary facilities included Army tents further morning business? If not, morn The camps provided instruction in project for housing and the dining room. ing business is closed. work, the 4-H program, handicraft, nature, The title to the ranch was held by the health, and leader training. Kansas state University Endowment Asso Previous to 1923, pig club and baking club ciation until 1955, when it was transferred to CIVIL RIGHTS ACT OF 1963 members had been making trips to Kansas the Kansas 4-H Foundation. The ranch has The PRESIDING OFFICER. The State College for Farm and Home Week pres been developed as· a leadership training cen Chair lays before the Senate the unfin entations in the agriculture and home eco ter. Through contributions many major ished business, H.R. 7152. nomics departments. improvements have become a part of the The Senate resumed the consideration FIRST ROUNDUP ranch. of the bill are this occasion only with the Mar_ch and indignity of second-class citizenship, ac mentary inquiry. on Washington of August 1963, which tual or implied. The PRESIDING OFFICER. The presented a beautifuI image and re We applaud President Lyndon B. John son's challenge to southern churchmen to Senator will state it. vealed a magnificent story of America. support the civil rights bill and to encour Mr. MILLER. Do I correctly under I compare it also with the interreligious age its effective translation into the customs stand that the pending question is the ceremonies that took place on April 28, of comri:mntty life as soon as it is passed. Dirksen-Mansfield substitute amend 1964, at McDonough Gymnasium, We applaud the House of Representatives ment? Georgetown University. These three for its passage of this bill without crippling The PRESIDING OFFICER. The moving and exciting demonstrations of amendments. We applaud that large group Senator is correct. dedication to the cause of human rights of Senators who have ta.ken their stand in support of the bill and are striving now to Mr. MILLER. If the Senator from and civil rights legislation will live in see that it becomes law. Iowa were to call up his perfecting my memory, and I believe in the memory Contrary to the argument of some Members amendment to the Talmadge amend of this Nation for years to come. of the Senate, there is genuine support for ment, would his amendment take prece The press release that came with the the civil rights bill in the communities of dence over the Dirksen-Mansfield sub presentation as of yesterday notes that the South. The voice of filibuster has for stitute? there are 435 signers, most of whom are too long been regarded as the most authentic The PRESIDING OFFICER. It southern voice. It is not. The South's most members of A Fellowship of Concern, authentic voice is the voice of conscience and would take precedence over the Dirksen including a former moderator of the of faith. For the sake of our Southland Mansfield substitute. General Assembly of the Presbyterian which has been misrepresented, for the sake Mr. MILLER. I thank the Chair. Church of the United States; a president of our beloved country and every citizen Mr. HART. Mr. President, I suggest of a theological seminary; professors of within it, for the sake of the Gospel we be the absence of a quorum. universities, colleges, and theological lieve and proclaim, and for the sake of our The PRESIDING OFFICER. The seminaries; pastors of churches; phy own integrity, we feel that we must speak. clerk will call the roll. sicians, businessmen, military personnel, We, therefore, urge you to vote for the The legislative clerk proceeded to call civil rights bill. We prophesy that if this b111 and housewives. They represent 15 ls debilitated, deferred, or defeated, the re the roll. Southern States and the District of Co sulting crisis in the South and in the Nation Mr. MANSFIELD. Mr. President, I lumbia. bne hundred and sixty-five of will be tragic. We aftlrm our confidence that ask unanimous consent that the order for the signers are ministers in the Presby this blll will have the effect of righting cul the quorum call be rescinded. terian Church in the United States. tural and civic wrongs too long extended The PRESIDING OFFICER. Without I also am happy to note that one of and ignored. We hope tnat a new birth of objection, it is so ordered. freedom may become a possib111ty in this the signers as was revealed to us yester Nation as we work together to implement day by the clergyman who made this this legislation to the benefit of all our A FELLOWSHIP OF CONCERN presentation, is a nephew of the dis people-northern and southern, Negro and tinguished senior Senator from Georgia white. Mr. HUMPHREY. Mr. President, yes [Mr. RussELL]. He is a Presbyterian We pledge you our prayers in this cause terday the Senator from California [Mr. minister by the name of William D. Rus and our :faithfulness in its fulfillment. KUCHEL] and I were privileged to meet sell, _and is from Decatur, Ga. The following have signed this letter: with a number of clergymen represent I make these observations because it George L. Abernethy, professor, David ing the Presbyt.erian Church. We re is my view, not from any partfoular at son, N.C.; James S. Ackerman, profes ceived a letter from them signed by more sor, minister, Tuscaloosa, Ala.; Robert B. Al titude of the Senator from Minnesota, britton, minister, Charlottesville, Va.; John than 400 of these Presbyterian ministers, but from what I read in letters that K. Alexander, minister, Corpus Christi, educators, and laymen, calling on every come to my office, and hear from citi Texas; Joseph S. Allen, librarian, Bethesda, Senator to vote for the civil rights bill. zens who pay us a visit, that all through Md.; Mathews F. Allen, Jr., minister, Rich The spokesman, for the group, Dr. this Nation, north, south, east, and mond, Va.; Wallace M. Alston, Jr., minister, John Randolph Taylor, who is chairman west, there are numerous citizens who Wadesboro, N.C.; Frank P. Anderson, min of the Presbyterian organization known · are in full support of what we are en ister, St. Petersburg, Fla.; Olof Anderson, as A Fellowship of Concern, stated that Jr., minister, Louisville, Ky.; Anne B. Ap deavoring to do by the passage of the penzellar, Austin, Tex.; Harold F. Apple, Jr., "the voice of filibuster has for too long civil rights bill. Austin, Tex.; James Appleby, professor, min been regarded as the most authentic Mr. President, I ask unanimous con ister, Richmond, Va. southern voice. It is not. The South's sent to have printed at this point in the Annabel Bailey, Austin, Tex.; Mrs. Radford most authentic voice is the voice of con RECORD the letter addressed to the Mem B. Bailey, Tarboro, N.C.; Warner M. Balley, science and of faith." bers of the Senate of the United States, student, Austin, Tex.; Ada Glass Balter, Dr. Taylor, in presenting the letter, dated May 7, 1964, together with the Christian educator, Winchester, Va.; Elmer signed by 435 southern Presbyterian min names of the signatories, their occupa C. Banks, Harrisonburg, Va.; Mrs. S. R. Sloan isters, educators, and laymen, stated that Barclay, housewife, Towson Md.; Jack H. tions, and their addresses. Barker, Clarksville, Tenn.; Vance Barron, the signers "favor the passage of a strong There being no objection, the letter was minister, Chapel H1ll, N.C.; William S. Bason, and effective civil rights bill" and that ordered to be printed in the RECORD, as Austin, Tex.; Wilma F. Batts, Clarksville, "the rights and respansibilities of citi follows: Tenn.; H. Hoover Bear, minister, Fayette zenship should extend throughout all our WASHINGTON, D.C., ville, N.C.; Mrs. H. Hoover Bear, housewife, States, so that none of our fellow citizens May 7, 1964. Fayetteville, N.C.; James E Bear, professor, needs to bear the shame and indignity To the Members of the Senate of the United minister, Richmond, Va.; Margaret W. Bear, of second-class citizenship, actual or im Statea: housewife, Richmond, Va.; Richard Bell, plied." We, the undersigned, are southerners. Be minister, Harrisonburg, Va.; Perry H. Biddle, fore that we are Americans, and beyond all Jr., minister, Memphis, Tenn.; Henry Emer The letter prophesies that "if this bill else we are members and ministers of the son Biggs, Front Royal, Va.; Irving E. Birds is debilitated, def erred, or defeated, the church of Jesus Christ. eye, minister, Greensboro, N.C.; Dallas A. resulting crisis in the South and in the We want to express our deep interest and Blanchard, Fort Deposit, Ala.; Hubert L. Nation will be tragic." committed concern for the dignity of every Black, minister, Baltimore, Md.; Patricia The statement applauded "President person, whatever his race, color, or class. Bohen, Richmond, :Va.; William Jerry Boney, Johnson's challenge to southern church We testi!y to our own participation and in minister, Richmond, Va.; Charles E. Book, volvement in the struggle of our Negro minister, Metairie, La.; Bruce M. Borthwick, men to suppart the civil rights bill and brothers to aftlrm their humanity. We stand student, Washington, D.C.; Doris Esch Borth to encourage its effective translation into with them in their quest for freedom, justice, wick, historian, Washington, D.C.; Lawrence the customs of community life as soon as and the inalienable rights with which they W. Bottoms, minister, Atlanta, Ga.; s. Don it is passed." - have been endowed by their Creator. Boulcke, Austin, Tex.; James E. Bowden, De Mr. President., I must say that of all To this end, we want you to know that we catur, Ga.; M. N. Boyd, Alice, Tex.; Elizabeth the presentations that have been made favor t:tie passage of a strong and effective R. Branch, Spencer, W. Va.; W. W. Branch, to the senior Senator from Minnesota in civil rights blll. We are concerned that the Jr., Spencer, W. Va.; Bob Breman, Austin, writ of national law should obey the writ of Tex.; B. Blake Breitenhirt, Jr., minister, respect to the civil rights measure, none God's law. We believe that the rights and Homestead, Fla.; Henry M. Brimm, librarian, was more moving and meaningfuI than responsib111t1es of citizenship should extend Richmond, Va.; Glenda Briscoe, Christian the presentation of the letter to which throughout all our States, so that none of educator, East Point, Ga.; Aubrey N. Brown, I have referred in these remarks. I com- our feHow citizens needs to bea.r the sh~ Jr., editor, minJbter, Richmond, Va.; Everett 1964 CONGRESSIONAL . RECORD - SENATE 10417
K. Brown, minister, Goldsboro, N.C.; Mal Edna K. Guild, housewife, farm manager ~ McClure, III, minister, Newport News, Va.; colm Brownlee, Jr., student, Richmond, Va.; Gallatin, Tenn. Louise W. McComb, Memphis, Tenn.; W. H. Leslie Bullock, professor, minister, Laurin Clifford C. Hall, electronics design engineer, McCord, merchant, Nashville, Tenn.; Scott burg, N.C.; Robert H. Bullock: minister, San Washington, D.C.; T. Hartley Hall IV, minis Mc0ormick, Jr., minister, Radford, Va.; James Antonio, Tex.; David H. Burr, minister, Win ter, Lenoir, N.C.; Walter F. Hall, minister, P. Mccrary, minister, Oklahoma City, Okla.; ston-Salem, N.C. Clearwater, Fla.; Hugh F. Halverstadt, min Marion w: McCurdy, physician, San Antonio, Frank H. Caldwell, seminary president, ister, Union Springs, Ala.; R. B. Hardie, Jr., Tex.; Mrs. Marion W. Mccurdy, housewife, minister, Louisville, Ky.; Malcolm P. Cal minister, Little Rock, Ark.; Kathryn Harris, San Antonio, Tex.; Douglas McEldowney, houn, minister, Richmond, Va.; Milton Stover Clarksv11le, Tenn.; Mrs. Warren T. Harris, Bluemont, Va.; Frances S. McEldowney, Blue Carothers, minister, Covington, Va.; Alice N. Henderson, Ky.; Charles W. Harwell, minister, mont, Va.; Walter H. McEldowney, Bluemont, Carter, teacher, Harrisonburg, Va.; Hugh B. Baton Rouge, La.; Mrs. W. T. Hassell, house Va.; Mary Jean McFadgen, Richmond, Va.; Carter, Jr., minister, Alexandria, Va.; George wife, Staunton, Va.; Sam B. Hay, college D. P. McGeachy, III, minister, Gainesville, Chapman, Olarksvme, Tenn.; Douglas~ C. president, minister, Tuscaloosa, Ala.; Nancy Ga.; Rodney McGinnis, Austin, Tex.; John Chase, minister, Lexington, Va.; George A. Lee Head, secretary, Washington, D.C.; Jack S. McMullen, minister, Columbia, Mo.; Ar Chauncey, minister, Danv1lle, Ky.; Roberta W. Heintzleman, minister, Mebane, N.C.; thur T. McNeill, Arlington, Va.; R. J. McRos Clay, teacher; Conway, Ark.; Thomas R. Rachel Henderlite, Christian educator, Rich tie, commander, U.S. Navy, U.S.S. Cambria; Cleveland, missionary to Republic of Congo, mond, Va.; T. Chalmers Henderson, minister, John H. McVay, minister, Pageland, S.C.; Washington, D.C.; Mrs. Thomas R. Clevelan~ Arkadelphia, Ark.; John R. Hendrick, minis Elizabeth McWhorter, Christian educator, missionary to Republic of Congo, Washing ter, San Antonio, Tex.; Amanda L. Hess, Richmond, Va.; Charles R. MacDonald, min tion, D.C.; Mrs. Henry C. · Collins, Mont guidance counselor, Washington, D.C.; James ister, Hopewell, Va.; John R. MacKinnon, gomery, Ala.; Robert R. Collins, minister, C. Hicks, Jr., student, Gainesville, Fla.; F. minister, Corpus Christi, Tex.; J. Pendleton Mexico, Mo.; Mrs. Morgan Cone, Memphis, Wellford Hobbie, minister, Staunton, Va.; Maddex, 'Jr., Chapel H111, N.C.; Mrs. Janet Tenn.; George M. Conn, Jr., minister, John Mrs. Joan E. Hodgkins, Austin, Tex .. ; David Majors, Harrisonburg, Va.; W. F. Mansell, son Oity, Tenn.; Elaine E. Cook, housewife, R. Holt, minister, Waynesboro, Va.; Stephen Jr., student, Austin, Tex.; Sandy C. Marks, Stuttgart, Ark.; Thomas C., Cook, Jr., min G. Honaker, Winston-Salem, N.C.; Samuel former dental missionary to Republic of Con ister, Stuttgart, Arkt; W. Norman Cook, min R. Hope, minister, High Point, N.C.; Samuel go, Silver Spring, Md.; Charlotte 0. Marshall, ister, Richmond, Va.; George M. Cooley, min L. Horst, professor, Harrisonburg, Va.; George Clarksville, Tenn.; Laura S. Massie, Lexing ister, Nashville, Tenn.; P. G. Cosby, Ill, min F. Houck, minister, Winston-Salem, N.C.; ton, Ky.; James L. Mays, professor, minister, ister, Lynchburg, Va.; Mrs. P. G. Cosby, Ill, Samuel M; Houck, minister, Miami, Fla.; Richmond, Va.; Robert C. Mera, Beaumont, housewife, Lynchburg, Va.; Roy R. Craig, Jr., Billy s. Howell, Jr., minister, Olivia, N.C.; Tex.; E. Thomas Miller, Chapel Hill, N.C.; Austin, Tex.; Mary Louise Crane, Christian Martha W. Hudson, Clarksville, Tenn.; Rob Harold Miller, professor, Harrisonburg, Va.; educator, Richmond, Va.; John W. Craven, ert L. Hueston, certified public accountant, Lola Miller, Christian educator, Richmond, minister, Lynchburg, Va.; Charlotte A. Cr~w Harrisonburg, Va.; Wade P. Huie, Jr., pro Va.; Patrick D. M11ler, Jr., minister, Travel ley, social service worker, Harrisonburg, Va.; fessor, mln.ister, Decatur, Ga.; Mrs. Joseph L. ers Rest, S.C.; Mrs. Patrick D. Miller, Jr., Cecil G. Culverhouse, minister, Fulton, Mo.; Hunter, Asheville, N.C. housewife, Travelers Rest, S.C.; Robert D. Ruby Ethel Cundiff, retired professor, Har Nanine Iddings, retired teacher, Asheville, Miller, minister, Tuskegee, Ala.; Harold w. risonburg, Va.; Stuart D. Currie, Austin, N.C.; John M. Irvine, Jr., minister, Winches Mitchell, laborer, Harrisonburg, Va.; Henry Tex.; Elinor Curry, Christian educator, Rich ter, Va.; Ella D. Jenktns, housewife, Harrison Pope Mobley, minister, Louisville, Ky.; Jean mond, Va.; Tom A. cutting, Jr., minister, burg, Va.; Gwen S. Johnson, Austin, Tex.; Moling, Christian educator, Richmond, Va.; Matthews, N.C. W. Walter Johnson, professor, minister, Aus Mrs. John White Moore, housewife, Moores John B. Danhof, student, Austin, Tex.; tin, Tex.; Mrs. W. Walter Johnson, house ville, N.C.; Mrs. Mable C. Morley, Decatur, Brandon M. Daniel, Greenville, N.C.; Lee G. wife, Austin, Tex.; Camille Jones, artist, Ga.; Mrs. Milton Morrison, Houston, Tex.; Davy, Kingport, Tenn.; David E. Denton, doc ,Richmond, Va.; Adeline C. Junkin, housewife, P. E. Moyers, business executive, Harrison tor, Clarksville, Tenn.; Ludwig R. Dewitz, Springfield, Va. burg, Va.; David E. Mullen, minister, Ahoskie, professor, minister, Decatur, Ga.; Daniel D. Mrs. Edward Katz, librarian-clerk, Wil N.C.; A. T. Murphy, Jr., minister, Auburn, Dickenson, Jr., minister, Berryville, Va. liamsburg, Va.; J. Robert Keever, Jr., minis Ala.; J. J. Murray, minister, Lexington, Va.; Margaret B. Dickenson, housewife, Berryville, ter, Tuscaloosa, Ala.; Alan Keith-Lucas, pro James N. Murray, minister, Higginsv1lle, Mo. Va.; Albert E. Dimmock, minister, Raleigh, fessor, Chapel H111, N.C.; Balmer H. Kelly, Szabi S. Nagy, Amarillo, Tex.: Ann G. Nash, N.C.; Betty Brooke Dobbins, Henderson, Ky.; professor, minister, Richmond, Va.; William housewife, Martinsburg, W. Va.; David Wil Warner DuBose, Jr., minister, Norfolk, Va.; Bean Kennedy, professor, minister, Rich liam Nash, minister, Martinsburg, W. Va.; Paul B. Dyck, teacher, Blacksburg, Va.; mond, Va.; Hardin W. King, minister, Hunt Margaret P. Neel, Huntington, W. Va.; Eliz Dorothy L. Dysard, editorial work, Richmond, ington, W. Va.; Gail King, Henderson, Ky.; abeth Nelson, nurse, Victoria, Va.; H. C. Nel Va. Leo King, Jr., Henderson, Ky.; Victor King, son, Jr., engineer, Victoria, Va.; Helen W. David C. Eaton, Austin, Tex.; Glenn S. businessman, Sanford, N.C.; Charles E. Kip, Neville, housewife, Petersburg, W. Va.; Edgerton, Jr., student, Richmond, Va.; David Chapel H111, N.C.; Albert J. Kissling, minister, Lamar F. Neville, minister, Petersburg, W. E111ott, Clarksv111e, Tenn.; John E. Ensign, Jacksonville, Fla.; E. G. Kloppe, Austin, Tex.; Va.; Leone Ingman Newkirk, Bluff City, minister, Mechanicsvme, Va.; John B. Evans, W111iam N. Knox, Nashv1lle, Tenn.; Mrs. Tenn.; Meigs A. Newkirk, minister, Bluff City, minister, Auburn, Ala.; Jack W. Ewart, min William N. Knox, Nashville, Tenn.; Gustav Tenn.; Richard L. Newkirk, minister, Han ister, Dunedin, Fla.; Lucille W. Ewell, house Kopkin, Jr., Aus-tin, Tex.; John H. Krall, pro cock, Md.; Elizabeth P. Newton, housewife, wife, Harrisonburg, Va. fessor, Harrisonburg, Va. Clarksville, Tenn.; William E. Newton, min James Curtis Fahl, minister, Rockv11le, Mary Frances Lacey, Memphis, Tenn.: ister, Clarksvllle, Tenn.; Keith F. Nickle, ~d.; Archie B. Faires, minister, Monroe, La.; Hecht S; Lackey, Henderson, Ky.; Rebecca minister, Port Arthur, Tex.; Helen Noyes, Mrs. Archie B. Faires, housewife, Monroe, La.; Lackey, Henderson, Ky.; L. H. Lancaster, Jr., Nashville, Tenn. Martha P. Farmer, housewife, Greenv1lle, Ala.; missionary to Japan, minister, Richmond, George M. Ogilvie, minister, Elkins, W. Va.; Thomas H. Farmer, minister, Greenville, Ala.; Va.; Virginia Barksdale Lancaster, mission Douglas W. Oldenburg, minister, Lynchburg, Louise H. Farrior, editor, Richmond, Va.; ary to Japan, Richmond, Va.; Joseph C. Va.; Kenneth B. Orr, minister Roanoke, Va.; Franklin Finsthwait, Alexandria, Va.; Marian Landwehr, St. Louis, Mo.; Flora L. Landwehr, Julian S. Orrell, minister, Berryville, Va.; Fisk, Christian educator, Richmond, Va.; St. Louis, Mo.; George Lang, minister, Tus Mrs. Lillian M. Oser, secretary, Washington, George H. Fitzgerald, minister, Roanoke, Va.; caloosa, Ala.; John A. Lapp, professor, Har D.C.; Betty Overstreet, ..t\ustin, Tex.; Mildred Robert E. Ford, Miami, Fla.; Kenneth J. risonburg, Va.; Harry G. Lefry, professor, Har Owen, Richmond, Va. Foreman, professor, minister, Richmond, Va.; risonburg, Va.; Janice Faye Leftwich, Clarks John S. Pancake, professor, University of Lee J. Freeman, Austin, Tex.; John A. Fulton, ville, Tenn.; Mary Lewis, Gainesville, Fla.; Alabama; Mrs. John S. Pancake, housewife, Judge, Louisville, Ky.; Frances Furlow, editor, Susan L. Lewman, secretary, Richmond, Va.; University of Alabama; Charles E. Parrish, Atlanta, Ga. James G. Leyburn, professor, Lexington, Va.; minister, Rock Hill, S.C.; Willie Mae Patton, James H. Galley, Jr., professor, minister, Philip N. Libby, Jr., minister, Chatham, Va.; Charlotte, N.C.; James A. Payne, Jr., minister, Decatur, Ga.; Cleona H. Gaither, Coles Point, Gerhard D. Ling, Austin, Tex.; Sara Little, Charlottesv11le, Va.; Sall1e Willson Peake, Va.; Beryl N. Gallaway, housewife, Mont professor, Richpiond, Va.; Thomas W. Loegh, housewife, Richmond, Va.; J. G. Peck, minis gomery, Ala.; E. N. Gallaway, Major, U.S. Air professor Harrisonburg, Va.; Mrs. Laura ter, Enterprise, Ala.; Frederick James ,Pel Force, Montgomery, Ala.; Connolly Gamble, Logan, missionary teacher, Nashville, Tenn.; lenn, Jr., Gainesvllle, Fla.; Roland P. Perdue, Jr., professor, minister, Richmond, Va.; Eliza Ellen Logan, Nashville, Tenn.; William M. III, minister, Athens, Ga.; Francia M. Perrin, beth Gaston, housewife, Richmond, Va.; Logan, Austin, Tex.; Elizabeth R. Lollar, minister, Huntsvme, Ala.; Kenneth G. board of women's work, Atlanta, Ga.; Betsy James D. Gault, school administrator, Char Phifer, professor, Louisville Ky.; Mrs. J. D. lotte, N.C.; Ruth R. Gaul.t, housewife, Char Low, student, Richmond, Va.; Frank H. Low Phillips, Sr., L~mrinburg, N.C.; Frances F. lotte, N.C.; H. Leslie Giles, Harrisonburg, Va.; ney, journalist, Washington, D.C.; Marvin G. Katherine A. Gingrich, Campus Christian Lutz, minister, Richmond, Va.; Olof Halvard Phillips, housewife, Chapel Hill, N.C.; Robert Life worker, Austin, Tex.; Eleanor Godfrey, Lyon, minister, Montgomery, W. Va. D. Phillips, psychiatrist, Chapel Iri.11, N.C.; Christian educator, Columbia, Mo.; William Jam.es . L. McAllister, Jr., professor, min William E. Phipps, professor, Elkins, W. Va.; R. Gooq.man, Jr., minister, McDowell, Va.; ister, Staunton, Va.; Jam.es L. McCall, minis Martha Ann S. Phipps, housewife, Elkins, John B. Graham, physician, Chapel Hill, ter, Comanche, Tex.; Mrs. James L. McCall, W. Va.; J. Ronald Pierce, Victoria, Va.; Rob N.C.; Edgar M. Grider, minister, Atlanta, Ga.; h_ousewife, Comanche, Tex.; Neely Mccarter, ert C. Pooley, Jr., minister, Rome, Ga.; Fred Eugene M. Grier, minister, Brownwood, Tex.; professor, minister, Decatur, Ga.; Hugh W. W. Poos, entomologist, Arlington, ~~.~ 10418 CONGRESSIONAL RECORD- SENATE May 8
Charles Pratt, minister, Ft. Thomas, Ky.; Harold E. Wallof, Jr., minister, Staunton, Breakdowns of signers according to States-- Harold S. Pryor, Clarksville, Tenn. Va.; Edith J. Walsh, Bd. of Women Work, Continued Roland W. Rainwater, minister, Columbia, Atlanta., Ga.; Taft 0. Wardy, Harrisonburg, KentuckY------19 Tenn.; Will1am M. Ramsay, minister, Rich Va.; John M. Watkins, minister, Lexington, Louisiana______4 mond, Va.; Mrs. Wllliam M. Ramsey, house Va.; Patricia B. Watson, Berryv1lle, Va.; Rus Maryland------11 wife, Richmond, Va.; Harmon B. Ramsey, sell D. Weatherman, Clarksville, Tenn.; Missouri ______------8 minister, Richmond, Va.; Florence Clark Laurence K. Wells, Townsville, N.C.; James North Carolina______65 Rayna!, housewife, Sanford, N.C.; H. Middle A. Wharton, Austin, Tex.; Clarence p. Oklahoma ______·------1 ton Raynal, minister, Sanford, N.C.; Riddick Wheeler, Coles Point, Va.; Judith N. c. South Carolina______10 Revelle, insurance salesman, Fayetteville, Wheeler, Coles Point, Va.; Samuel s. Wiley, Tennessee______44 minister, Tarboro, N.C.; D. D. Wilkinson, N.C.; Elon W. Rhodes, barber, Harrisonburg, Texas------50 Va.; Betsy Rice, Christian educator, Rich minister, Gadsden, Ala.; All1son F. Williams, Virginia------·------142 mond, Va.; J. Sherrard Rice, minister, Colum minister, Atlanta, Ga.; John F. Williams, West Virginia______14 bia, 8.C.; Bruce L. Robertson, minister, Jack Austin, Tex.; Kay Williamson, Clarksville, U.S.S. Cambria______1 0. Tenn.; John C. Wilson, minister, Radford, sonville, Fla.; Clyde Robinson, Jr., min Korea------1 ister, Raleigh, N.C.; Isabel Rogers, professor, Va.; John K. Wilson, physician, Greensboro, Richmond, Va.; Holmes Rolston, editor, min N.C.; Nancy D. Wilson, housewife, Greens Total, of which 165 are ministers ister, Richmond, Va.; Paul L. Romig, veteri boro, N.C.; William L. Wilson, minister, and the remainder laymen ____ 435 narian, Laurel, Md.; Elizabeth W. Rose, Richmond, Va.; Albert C. Winn, professor, housewife, Rocky Mount, N.C.; Richard F. minister, Louisville, Ky.; E. D. Witherspoon, Mr. HUMPHREY. Mr. President, I Rouquie, minister, Montgomery, Ala.; Wil minister, Belmont, N.C.; James T. Womack, ask unanimous consent that a descrip liam D. Russell, minister, Decatur,'Ga.; Ann Jr., minister, Columbia, S.C.; Frank L. tion of the organization known as A Fel M. Rutherford, student, Charlottesville, Va.; Wright, Austin, Tex.; Rachael Wylie, Chris lowship of Concern be printed at this Florence I. Ryan, social worker, Asheville, tian educator, Rock Hill, S.C. point in the RECORD. N.C. H. Davis Yeuell, minister, Richmond, Va.; Anne-Marie Salgat, Austin, Tex.; Mrs. Sar Allen Yoder, Harrisonburg, Va.; James Wil There being no objection, the descrip ah Sampson, Harrisonburg, Va.; Mrs. Marvin liam Young, Jr., minister, Louisville, Ky. · tion was ordered to be printed in the Sautter, Austin, Tex.; Janet Kelly Savage, Louis Zbinden, Jr., minister, Fort Defiance, RECORD, as follows: Hague, Va.; Joe W. Savage, Coles Point, Va.; Va.; Charles E. Zunkel, minister, Harrison A FELLOWSHIP OF CONCERN burg, Va. Betty J. Schaufele, Christian educator, Rich We covenant together to form a fellowship mond, Va.; Ruth Douglas See, Christian edu Kenneth J. Foreman, ·Jr., missionary to Korea, minister, Korea; Mrs. Frank Y. Fried of concern, made up of churchmen who share cator, Richmond, Va.; William R. Bengel, a desire to see the Presbyterian Church in minister, Alexandria, Va.; Lester c. Shank, man, Jr., Nashville, Tenn.; W. D. Gray, min ister, Nashv111e, Tenn.; Charles 0. Handley, the United States more relevantly related in Harrisonburg, Va.; W. W. Shaver III, real program and service to the critical issues of estate, Wynne, Ark.; Albert E. Simmons, min Jr., zoologist, Falls Church, Va.; Iracy Hand ley, housewife, Falls Church, Va.; Marie the 20th century. ister, Atlanta, Ga.; Harry E. Smith, minister, Our purpose is: Chapel Hill, N.C.; Wllliam Kyle Smith, pro Hartman, manager analyst, Washington, D.C.; Sam B. Hay, Jr., farmer, Covington, Ga.; To interpret the reformed doctrine of the fessor, minister, Annapolis, Md.; W111iam S. sovereignty of God and the Lordship of Smith, minister, Lubbock, Tex.; James H. George S. Heyer, minister, Austin, Tex.; Mar tha Ann Hibbitts, Nashv111e, Tenn.; Sara Christ in its authentic and historic applica Smylie, professor, minister, Richmond Va.; tion to all of life. Mary F. Smythe, retired missionary, Charles Chambers Hibbitts, Nashv11le, Tenn.; Dean G . McKee, professor, minister, Decatur, To seek for our church a more vital role in ton, S.C.; James 0. Speed, Jr., minister, Rich the struggle for social justice and the search mond, Va.; John B. Spragens, seminary dean, Ga.; Perre Coleman MacFarland, Nashv11le, Tenn.; Katherine W. Marks, former mission for Christian unity. minister, Austin, Tex.; Eduard N. Spring, To take appropriate action in our own par Decatur, Ga.; Dorothea B. Staples, housewife, ary to Republic of Congro, Silver Spring Md. ' ticular churches and beyond to bear Chris Richmond, Va.; Ernest W. Staples, Jr., credit tian witness in the face of contemporary manager, Richmond, Va.; Mamie B. Steinek, Robert H. Miller, scientist, Riverdale, Md.; John P. Minter, minister, Sherman, Tex.; issues. housewife, Charlotte, N.C.; Charles V. Ste To help the church to assert moral leader phenson, physicist, professor, Nashville, Kay Procter, Board of World Missions, Nash ville, Tenn.; Buie Seawell, minister, Childers ship in the changing patterns of racial and Tenn.; Jack L. Stevenson, minister, Hamp cultural revolution. ton, Va.; Paul D. Stewart, Huntington, W. Va.; burg, Ala.; Ste~art L. Sharpless, astronomer, Washington, D.C.; Betty Jo Taylor, Board To support those who have been put under Elizabeth H. Stokes, Clarksville, Tenn.; extreme pressure because of their faithfulness Joseph T. Stukes, professor, Greenwood, S.C.; of World Missions, Nashville, Tenn.; Joseph R. Woody, former missionary to Brazil, min to the church's social witness. Joe T. Sudduth, minister, Louisville, Ky.; To support and strengthen as much as A. F. Swearingen, minister, Corpus Christi, ister, Nashville, Tenn.; Maudine W. Woody, former missionary to Brazil, Nashv111e, Tenn. possible the courts of the church, their in Tex.; Charles S. Sydnor, Jr., minister, stitutions and agencies and those in places Hazard, Ky. I attest to the fact that all of these indi viduals have signed the original letter,· and of delegated responsibility who are giving Arline J. Taylor, housewife, Washington, guidance along the lines set forth in this D.C.; Betsy D. Taylor, Greensboro, N.C.; Char I have the signatures in my possession. Yours sincerely, covenant. lotte W. Taylor, Harrisonburg, Va.; Edouard Membership shall be open to members of H. Taylor, minister, Harrisonburg, Va.; John JOHN RANDOLPH TAYLOR, Chairman, A Fellowship of Concern, an the Presbyterian Church in the United States R. Taylor, Greensboro, N.C.; John Randolph and shall include both laymen and min Taylor, minister, Washington, D.C.; Ray D. D_rganization of Southern Presbyte rians. isters. Teroy, minister, El Dorado, Ark.; Helen S. Membership shall be established by volun Thomas, housewife, Baltimore, Md.; Mrs. Mr. HUMPHREY. Mr. President, this tary expression of concern and w1llingness to Peggy Thomas, Harrisonburg, Va.; Phillip C. document is attested to in the following cooperate with the fellowship in implement Thomas, Clarksville, Tenn.; Ernest Trice words: ing it. Expression may be made: Thompson, professor, minister, Richmond, By signed statement of interest and com Va.; Ernest T. Thompson, Jr., minister, Char I attest to the fact that all of these in mitment; and lotte, N.C.; Mrs. Ernest T. Thompson, Jr., dividuals have signed the original letter, By payment of $25 to be used to relieve housewife, Charlotte, N.C.; Madge Thomp and I have the signatures in my possession. economic problems of persons under pres ~on, Richmond, Va.; James S. Tippins, min Yours sincerely, sure because of their social witness. The ister, Chapel Hill, N.C.; William Newton JOHN RANDOLPH TAYLOR, only other use of these funds shall be to Todd, minister, Lynchburg, Va.; Miss Jean Chairman, A Fellowship of Concern, an meet essential administrative expenses. Toliver, Harrisonburg, Va.; Elizabeth T. Tro e>_rganization of Southern Presbyte- lan, Roanoke, Va.; W. A. Trolan, Jr., Roanoke, rians. · Mr. HUMPHREY. Mr. President I Va.; Grayson L. Tucker, Jr., minister, Louis would note for this part of the REc~RD ville, Ky. Mr. President, I ask unanimous con sent that there be printed at this point that the clergymen making this presen Rafael E. Ubico, mechanical engineer, Alex tation yesterday termed the document andria, Va.; Ralph L. Underwood, minister, in the RECORD a breakdown of the signers Williamson, W. Va. according to States. "The New Southern Manifesto." I us~ David L. Vaughan, librarian, Lexington, There being no objection, the list was their words. It is a most descriptive N.C.; Mrs. David L. Vaughan, housewife, ordered to be printed in the RECORD, as analysis. Lexington, N.C.; E. Douglas Vaughan, Jr., minister, Donalds, S.C. follows: George L. Walker, Jr., Richmond, Va.; Breakdown of signers according to States ARCHAIC ELECTION MACHINERY Helen S. Walker, 'Richmond, Va.; Ellen B. IN DISTRICT OF COLUMBIA Wallace, Nashvllle, Tenn.; Naomi Walfin, !!.~~~~~~~~~~~~~~~~~~~~===::::::::::: 2~ bookkeeper, Columbia, Mo.; Betty E. Walling District of Columbia______14 Mr.- HUMPHREY. Mr. President, I ford, housewife, Houston, Tex.; Harry W. call upon the appropriate· committees of Wallingford, businessman, Houston, Tex.; ~~~~:~;------~======:::: ~~ Congress, which are, of course, the Sen- 1964. CONGRESSIONAL RECORD - SENATE 10419 ate and House Committees on the Dis Mr. President, before speaking today, I When I was mayor of Minneapolis, we trict of Columbia, to investigate the in consulted with the distinguished Sena used to have a full week in which we gave credible situation that prevails relating tor from Illinois [Mr. DIRKSEN], lest once attention to such matters; and at that to voting in the ·District of Columbia. again I suffer a verbal spanking by him. time we asked the homeowners to clean In the Nation's Capital, it has still not We reached agreement-through scien up and improve their properties and gar been possible, as of this date, to count tific testing and observation-that the dens and yards, and help make the entire the ballots in the primary election held last frost date in this area was April 21. city more beautiful. on Tuesday of this week. It is now Friday, May 8. The Nation's Capital, the city of Wash I have received innumerable reports of At the White House, the gardens are ington, D.C., needs civic pride. Instead how citizens stood in line for 6 or 7 filled with beautiful flowers. In all the of constantly reporting on foreign poli hours, waiting to cast their ballots; of parks in this city we find beautiful flow cies and great international issues, why how there was but one entrance, one ers. In Lafayette Park, we find beauti do not the press of this city take at least voting booth, and one ballot box in a ful flowers. At the Humphreys' house, 1 hour a day or a week to remind the precinct. If the center of democracy, there are beautiful flowers. [Laughter.] local citizenry and the local governcent the District of Columbia, does not know At all the other houses in this city, there officials and the Senate and the House of how to permit voting, something is are beautiful flowers. Representatives and the executive branch wrong with the entire Government of This is the Nation's Capital, the cen of the Federal Government that this is the United States. The District of Co ter of representative government. Yet the capital of the free world, and it is lumbia is under the jurisdiction of the when we leave the door to this Chamber, supposed to be the most beautiful city in Federal Government. Yet while thou walk down the stairs, and turn toward the world. sands of people sought to exercise the the side of the building, we find the so Certainly the beauty of this city should ballot, many of them were denied that called flower pits, which look as if some not be confined to expensive buildings, privilege merely because of the lateness one had hauled in a load of clay, but did So long as there is sufficient money, an of the hour by the time they could have not know what to do with it, so dropped other beautiful buildipg can be erected, voted, or because voters became weary it there. This is a minor item; but I of course; but surely many of the house after standing in line for hours, waiting have some esthetic sense. There are wives who reside in the District of Co to get their ballots. times when I become somewhat bored by lumbia will be able to give their hus I know of no other community in the proceedings in the Senate; at times bands directions about how to plant America that conducts an election in they become exasperating-and other de bulbs and bushes. such a crude, primitive, unorganized, scriptive phrases could be used. Mr. President, this is my annual mes disorganized, and incredible manner as When those times come, I like to walk sage. I was going to wait until Monday the District of Columbia. I hope that from these marble halls and out of the to deliver it; but often on Mondays I find the Commissioners of the District will rather stuffy atmosphere of this Cham that I feel a little dyspeptic, and dis look into the situation immediately. ber, and venture into the great out of couraged-although, with the prospect I ask most respectfully, as a Senator of doors, and enjoy the perfumed outdoor of having Saturday off, I hope to feel the United States and as a member of air. Of course, I regret to say, one's en much happier on the coming Monday. the Subcommittee on District of Colum joyment of the outdoor air is somewhat So, Mr. President, I plead with . my bia Appropriations, that the committees diminished by the amount of gasoline colleagues for bipartisan support of the having legislative jurisdiction look into fumes; but I suppose we must expect that effort to improve the esthetic qualities this matter at once. I say this because to happen these days. of this great city. when the general election comes in No But, Mr. President, when we walk down Mr. SCOTT. Mr. President, will the vember, when by constitutional amend the steps of this building, what do we Senator from Minnesota yield? ment the residents of the District of see? We see concrete. It is true that The PRESIDING OFFICER (Mr. Columbia will be entitled to vote for we also see a few azalea bushes-put INOUYE in the chair) . Does the Senator President and Vice President, if the sit there perhaps a number of years ago; from Minnesota yield to the Senator uation has not been improved, literally but they do not have to be cared for by from Pennsylvania? thousands of people will be denied the gardeners; they are perennials. Mr. HUMPHREY. I yield. opportunity to vote, even though . they Not long ago a number of nurseries in Mr. SCOTT. I thank the Senator have a legal right to do so. this country offered free flowers to be from Minnesota for yielding to me. It is unthinkable that this modern city used in the Nation's Capital; and the I am not sure when the Senator from does not know how to operate an elec Government of the Netherlands offered Minriesota began his remarks, but I am tion process. The ballots are still being to send tulip bulbs to be used in the Na sure I shall be in agreement with what counted as if they had come from the tion's Capital. We find beautiful tulips ever he is pleading for. He has a new bush country. I know of no country in growing at the White House; I saw them idea every day, and most of them are the world that has so primitive an elec there Tuesday morning. I have noticed good; and I try to be accommodating. tion process as has the District of Co that when the President becomes a little I hope the Senator from Minnesota lumbia. I raise my voice in protest and weary, he often walks in the rose gardens will not be so eupeptic on Monday that ask-that something be done to correct at the White House; and when he ob he will become more trusting of the the condition at once. Otherwise, citi serves the members of the press corps methods of this body, but, instead, will zens who, by the constitutional amend looking a little peaked and seeming to retain his usual skepticism and air of ment process, have been given the right lack somewhat in physical fitness, he suspicion about the wasting of time, and to vote in the District of Columbia will walks with them in the White House gar will continue his fine efforts in seeking be denied that right by being denied the dens. to obtain a vote on the pending bill. exercise of that right. All of us notice that in this city the Inasmuch as the Senator from Min homeowners are proud of their trees, nesota spoke of gardens, let me ask this CAPITOL HORTICULTURE shrubs, bushes, flowers, and gardens. question: Does he not feel that the So, Mr. President, I rise in protest Mr. HUMPHREY. Mr. President, only President is quite busy, these days, cul against the inadequacy of care of the tivating his garden? yesterday I discussed with the distin Capitol Grounds. I do not know who is guished minority leader [Mr. DIRSKEN], Mr. HUMPHREY. If the gardens responsible for that situation; but who around the Capitol will grow as well as who is the outstanding horticulturist of ever is, should be reprimanded, and I say the Senate, the subject which I shall dis-. the political gardens the President is cuss. About a year ago I ventured into this with all respect and kindness. They cultivating, there will be bushes, shrubs, a strange and uncertain territory by sug should get busy with their hoes and rakes, trees, and flowers, until the Capitol gesting that some flowers ought to be and should beautify the flower pits there. Grounds will be a panorama of beauty. planted around the Capitol. At that I am surprised that the press of the Mr. SCOTT. Yes, I was about to ob time, the minority leader proceeded to District of Columbia are not more inter-· serve that the President is using some lecture me on my lack of knowledge and ested in the appearance of the Capitol thing that makes his gardens grow. understanding about bushes, shrubs, Grounds, and also in the appearance of Mr. HUMPHREY. And he is helped flowers, and other farms of foliage. all the other areas in this city. by his former colleagues in both Houses 104.20 CON~RESSIONAL RE(:ORD - SEN/\TE May 8 of Congress. We wish to keep this sub great many azaleas are scattered Mr. JORDAN of North Carolina. The ject bipartisan. throughout the area. It is a pedect de Senator is correct. I left North Carolina Mr. SCO'IT. I am in favor of flowers, light to drive through that area. last night, and I found what the Senator too, so long as my wife will tend to our Last Sunday my wife and I had the said to be the case everywhere I went. common garden. pleasure of driving out to Berryville to But if the proposal becomes a fact and is Mr. HUMPHREY. Again I join the the home of Senator BYRD of Virginia brought into being, would the Senator see Senator from Pennsylvania. and Mrs. Byrd. We gloried in the land that the program is not referred to t.he Mr. SCOTT. But I do not want the scape all the way out, and particularly Committee on Rules and Administra Senator from Minnesota to become sub from the highway up to the home of tion? We have all the flower planting versive-to suggest that it is the duty of Senator and Mrs. Byrd we delighted in and all the hoeing that we can do right the husband to use the hoe and the rake seeing the wonderful beauty of the dog now. and to assume tasks which we know the wood and other flowering trees and Mr. HUMPHREY. I believe that the ladies are very happy to do for them shrubs. proposal should be referred to the com selves. We hope the ladies will continue In my hometown the garden club. has mittee of which the distinguished Sen to do them, so that the tired husbands recently completed a program of planting ator from Washington [Mr. MAGNUSON] will be able to enjoy the lovely flowers dogwood. The people sold and had is chairman. Though the Senator is in which are the fruition of the labors of planted about 3,000 dogwood trees charge of a very busy committee, he is their wives-although guided, of course, around homes in the city. It has been a real "can do" man, and he gets things by a certain amount of advice, but no a very good start. The season has al.:. done. expenditure of any effort, on the part of ready passed. But a little earlier there Mr. JORDAN of North Carolina. The the husbands. was a most wonderful display of beauty Senator is correct. In addition, he does Mr. HUMPHREY. The Senator from throughout that area. There is no rea not have a wife to look after. He can Pennsylvania has paraphrased much son why there should not be such beauty look after a flower garden very easily. more eloquently and succinctly the on the Capitol Grounds. The thought Mr. SPARKMAN. Mr. President, be thought I previously expressed. occurred to me that dogwood, both white fore the Senator from Minnesota yields Mr. SCOTT. Do I correctly under and pink, mixed with redbud and azaleas. the floor, since I like flowers, and do not stand that in the annual address the would make a wonderful and attractive wish to get away from them, the thought Senator from Minnesota has just now sight around the Capitol. occurs to me that many parts of our city delivered, he has stated that he is op Mr. HUMPHREY. The Senator ls cor are beautiful today with flowers. Why posed to Easter egg rolling on the White rect. I thank him very much for his ob should we be shut up here for so long a House lawn-on the ground that that servation. time? Why should we not be allowed to would litter the place? Mr. SPARKMAN. The Senator has get out and enjoy them? Mr. HUMPHREY. I am in favor of mentioned the gift of bulbs from Hol Mr. HUMPHREY. I thank the Sen every good tradition-Easter egg rolling, land. The Senator has visited Holland. ator for that observation, because as soon and defeat of the Republicans every 2 Mr. HUMPHREY. Yes. as the Senator and his distinguished col years in the congressional elections, and Mr. SPARKMAN. The Senator has leagues will permit the Senate to vote every 4 years in the Presidential elec seen those magnificent fields, gardens, on the civil rights bill, Senators will be tions. yards, and beds of tulips growing and able not only to get out and look at Mr. SCOTT. I am sure the Senator blooming in all their beauty. the flowers, but also will be able to help from Minnesota shares the view of the Mr. HUMPHREY. The sight ls mar the gardener plant them. At the rate entire Senate that all of us are thankful velous. I believe this great Capitol area, the proPosed legislation is progressing, for J. Edgar Hoover, beagles, and which is the seat of government · in our Senators will have to wear snowshoes motherhood. great National Capital, ought to be so when they get out; and I do not wish that Mr. HUMPHREY. Yes; I support all landscaped. to happen. three. Mr. SPARKMAN. As the Senator has Mr. SPARKMAN. I am speaking Mr. SCOTT. I do not mean to be said, Washington is not only the Capital about today only. facetious, because yesterday I submitted of the United States, but essentially it ls Mr. HUMPHREY. We shall be out in a resolution expressing appreciation of the capital of the free world. The city plenty of time today. All Senators are the fine services rendered by J. Edgar is often referred to as perhaps the most on notice that tomorrow, Saturday, there Hoover. He is a good man, and he ls beautiful city in the world. Its beauty will be no session. That arrangement doing a fine job. could certainly be enhanced if our Capi was made in a spirit of comity, amity, Mr. HUMPHREY. I share the Sena tol Grounds were properly landscaped. and fellowship, so that when Senators tor's view. Mr. HUMPHREY. I thank the Sena return on Monday and Tuesday, the Mr. SCOTT. I have mentioned J. Ed tor very much. Senate can finish voting on the jury gar Hoover in connection with my refer Mr. MAGNUSON. Mr. President, will trial amendments and proceed forthwith, ence to beagles and motherhood because the Senator yield? in the regular order, on the bill. I know I wished to refer to three subjects on Mr. HUMPHREY. I yield. that Senators wish to see that happen. I which I was sure all Senators would be Mr. MAGNUSON. Who is in charge believe we are now reaching the point certain to agree. of the landscaping? at which amendments can be taken up Mr. HUMPHREY. The Senator from Mr. HUMPHREY. I am not quite sure. one by one. Pennsylvania has voiced the opinion of Mr. MAGNUSON. Is it the Architect Mr. SPARKMAN. May I add that, as all Senators. of the Capitol? a part of that comity, the Senator knows Mr. SPARKMAN. Mr. President, will Mr. HUMPHREY. I believe it must be. that I have agreed that there would be the Senator yield? Mr. SPARKMAN. Would it be the no more live quorums today. Mr. HUMPHREY. I yield to the dis Committee on Rules and Administra Mr. HUMPHREY. The Senator is cor tinguished Senator from Alabama. tion? rect. Mr. SPARKMAN. I commend the Mr. HUMPHREY. I am sure that it Mr. SPARKMAN. That arrangement Senator for his remarks regarding the is not the Committee on Rules and Ad was made· so that Senators could get relative barrenness of the grounds around ministration. However, the Committee away early and enjoy the flowers about the Capitol. I fully agree with him that on Rules and Administration has had which we have been speaking. some wonderful landscaping could be a bit of work to do. Mr. HUMPHREY. The Senator im done. The Senator mentioned the flow Mr. SPARKMAN. I referred to the presses me. I am a slow learner, but I ering beauties in the parks, grounds, Committee on Rules and Administration have caught on. and private homes. I delight in driving only because the chairman of that com through the city of Washington every mittee is present in the Chamber. spring-but especially this spring-and Mr. JORDAN of North Carolina. Mr. INADEQUACY OF VOTING FACIL- seeing the flowering shrubs. President, will the Senator yield to me? 1ITIES IN THE DISTRICT OF CO I happen to live in an area that has a Mr. HUMPHREY. I yield to my dear great many trees in it. The tree which friend the Senator from North Caro LUMBIA is rather rampant is dogwood, both white lina, where the flowers are beautiful and Mr. SPARKMAN. The Senator from and pink. There is some red bud, and a the people are magnificent. Minnesota' made reference to the voting 1964 C.PNGRESSIONAL RECORD - SE~.t\.TE 10421 jam in the District of Columbia. That is ordinator of the Alliance for Progress in as he returns to Puerto Rico where he a serious·problem. If a person has ever the autumn of 1961, he chose a man who will particlpate in the public life of that been caught in a voting jam, he knows had already made a distinguished record remarkable island. how serious it is. On Tuesday of this in Puerto Rico as the administrator of Mr. President, I ask unanimous con week I flew home in order to vote. I left Operation Bootstrap, the long-range eco-· sent that an editorial which appeared in here at 8:10J:q. the morning, and at 8:35 nomic development program that is now the May 5 Washington Post entitled I was in my hometown of Huntsville, recognized throughout the world as a "Moscoso Resigns" and an article which Ala. That was our local time. There is model to be copied for rapid economic appeared in the New York Times of Tues a difference of 2 hours. I went to the and social development of a less de day, May 5, entitled "Moscoso Resigns polls. I thought, on my way to the polls, veloped area. His Latin AID Job," be printed at this "Suppose there is a long line waiting. In addition to his experience in Puerto point in the RECORD. I may not make my return plane." Rico, "Ted" Moscoso, as he is known by There being no objection, the editorial The plane on which I intended to re his many friends, brought to the job a and article were ordered to be printed turn to Washington was scheduled to profound understanding of the political, in the RECORD, as follows: leave at 9:50. Fortunately, I made the social, and economic forces at work in [From the Washington Post, May 5, 1964) 'Plrule. I did not find a long line at the contemporary Latin America, a wide ac Moscoso RESIGNS quaintance with progressive leaders in polls. But I have seen times when there The resignation of Teodoro Moscoso as was a long line; I know how frustrating the hemisphere and an inspiring vision Washington's representative on the Inter 1t is. I join the Senator in expressing the of what the Alliance for Progress could American Committee for the Alliance for hope that the situation will be straight and should represent. He realized that Progress is a twin loss. It deprives the ad ened out before the general election. the Alliance for Progress must be a polit ministration of one of its most sympathetic I wish to inject a little note. I can ical and ideological program, as well as and sophisticated advisers on Latin affairs hardly keep from saying that if that a plan for economic and social develop and it deprives the alliance of one of its most situation had happened in Macon ment. He realized the Alliance must dedicated administrators and advocates. In 3 years of office in Washington, Mr. Mos County, Ala., for example, . or in have a mystique all its own, must de coso identified himself deeply with President some similar place, the Civil Rights Com velop a following. The Alliance must Kennedy's original intent to make the Alli mission would have been criticizing the have symbols. "Ted" Moscoso himself ance the major means ·of adjusting Ameri election officials of the area on the became in the last 3 years one of the chief cans, North and South, to the forces of ground that an opportunity was not given symbols of what the Alliance for Prog change. He began this service as coordinator to the people to vote. I condemn such ress meant. He combined idealism with of the Alliance. Under the Johnson admin delay wherever it occurs if it is the result courage, a vision of the future with solid istration he was moved to the Inter-American experience in the past. Committee, which was given the responsi of carelessnes or lack of planning. I be bility but not the authority of involving the lieve that is the problem in the District During the first 2 % years of the Alli Latin members of the Alliance in its basic of Columbia. ance for Progress, "Ted" Moscoso held a decisions. It was evident that his ideas were I am happy to say that the legal right job probably as difficult as almost any no longer at the hub of American policy. to vote is protected in the District of Co in Washington. And he had to face the We wish Mr. Moscoso a well-earned, but lumbia. The Constitution was amended staggering programs of launching this short, rest upon his return to private life. It to make it possible for the citizens of the ambitious hemispheric program before is typical of this big-hearted man that he District of Columbia to vote in the na the machinery of the U.S. Government has already agreed to serve on the Commis sion studying U.S. relations with his own tional elections for President and Vice had been altered to reflect the priority Puerto Rico. He should not be allowed to President. But I agree with the Presi consideration for Latin America which stay long out of the mainstream of hemi dent that even though a citizen may have President Kennedy gave it in launching spheric affairs. the legal right to vote, if the machinery the Alliance for Progress. Although held is so confused that he cannot exercise responsible by his critics for any actions [From the New York Times, May 5, 1964] that right, there is a violation of a basic in the hemisphere-many of which were Moscoso RESIGNS HIS LATIN AID Jo&-WILL civil right. far beyond the control of any U.S. offi RETURN TO PRIVATE LIFE IN PuERTO RICO The Senator from Minnesota has been cial because they were internal Latin (By Tad Szulc) critical of' other areas in which there has American problems-the U.S. Coordina WASHINGTON, May 4.-Teodoro Moscoso been, for all practical purposes, a denial tor's position did not always carry au has resigned as U.S. representative on the of the right to vote through the fault thority commensurate with the responsi Inter-American Committee for the Alliance of some official or through some proce bilities of its holder. Centralization of for Progress, it became known today. dure. I likewise rise to be critical in this authority for hemispheric affairs had not Mr. Moscoso, who for 2 years personified area where, I may say, the privilege of yet been accomplished. It is a real trib Alliance goals, is returning to private life voting and the right to vote is supposed in Puerto Rico. He will also serve, however, ute to "Ted" Moscoso's patience, tenacity, as a member of the Puerto Rican-United to be fully protected. If the Civil Rights and resourcefulness that he accomplished States Commission charged with studying Commission does not look into it, I ap so much in so short a time in Washing the island's status. point myself as a committee of one to ton despite the many obstacles confront He cabled his resignation to President make a personal protest. ing him. · Johnson last week from Paris, where he is Certainly the Civil Rights Commis It was part of the greatness of "Ted" on a private visit. Earlier last week he ac sion, as the Senator has suggested, Moscoso's vision to recognize that in ad cepted an appointment by Gov. Luis Mu:tioz ought to look into it. Marin, of Puerto Rico, to the Staus Com dition to economic development, the de mission. velopment of constitutional government It is understood that Mr. Moscoso has felt is equally important to the development TEODORO MOSCOSO AND THE AL for some time that he was no longer able to of the type of free societies that we hope contribute adequately to the Alliance, which LIANCE FOR PROGRESS to see in Latin America. Having wit he had helped to set in motion. Mr. HUMPHREY. Mr. President, it nessed the evils of military dictatorship His departure ls viewed as ending an era was with great regret that I read in the throughout the Caribbean during the in which the United States, leading the 10- New York Times of Tuesday, May 5, the 1950's, he shared the aversion of his dis year cooperative program inaugurated by President Kennedy in 1961, sought to en news of the resignation of Ambassador tinguished colleague and friend, Romulo courage social and political reform in Latin Teodoro Moscoso as the U.S. Represent Betancourt, to military juntas, to uncon America. ative to the Inter-American Committee stitutional governments. Under the Johnson administration the for the Alliance for Progress. It is with "Ted" Moscoso returns to Puerto Rico Alliance, in the eyes o£La.tin Americans, has great regret that we witness the depar with the respect and admiration of all lost much of the content that had so much ture from the Government of a man those in the hemisphere who truly believe appeal. They view it as gradually turning who, with President Kennedy, deserves in the Alliance for Progress program. It into a standard program of economic as sistance on a highly selective basis. the greatest credit for launching the Al has been my privilege to work closely Mr. Moscoso was the last top-level member liance for Progress program during its with him during these past 3 years; to of the Kennedy team for Latin America to ditllcult first 2¥2 years of operation. share in his vision of the Alliance for remain in the Johnson administration. He When President Kennedy picked Am Progress. He has our gratitude; our had agreed to stay long enough to see the bassador Moscoso as the first U.S. Co- thanks, and our best wishes for success newly created I~ter-American Committee, 10422 CONGRESSIONAL RECORD- SENATE May 8 designed to coordinate Alliance programs, America, has come under public criticism by one of the outstanding members of the take shape. such congressional leaders as Senator HUBERT Committee on Foreign Relations. His resignation comes at a time of growing H. HUMPHREY, of Minnesota, the majority I, too, feel that Mr. Moscoso will be disillusionment in Latin America and among whip. Latin American omcials. of the Alliance in sorely missed. Mr. Moscoso served not Washington over present conduct of the Mr. SPARKMAN. Mr. President, will only as the Director or Coordinator of program by the United States. the Senator yield in that connection? the Alliance for Progress Program, but The consensus in those quarters is that Mr. HUMPHREY. I yield. more recently as the American repre the Alliance as conceived by President Ken Mr. SPARKMAN. I have known •red sentative on the Inter-American Com nedy no longer exists, and that Washington Moscoso for a long time. I know of the mittee, established in a recent confer seems to have returned to its unilateral ap fine work that he did in Puerto Rico. ence in Sao Paulo, Brazil. The Coordi proach to problems of the hemisphere. Puerto Rico, for a long period of time, nating Committee is to coordinate all the Mr. Moscoso, who has served as Ambassa dor to Venezuela, was for more than 2 years was in a very poor economic condition. activities of the Alliance for Progress the U.S. coordinator for the Alliance, and Mr. HUMPHREY. I believe it was program. was its tireless advocate. He was shifted called the island of hopelessness. We must make sure that whoever re early this year to be the representative to the Mr. SPARKMAN. That is true. It 1s places Mr. Moscoso is a man of stature new Inter-American Committee. quite descriptive. It had a very low in this Government, or a man who ha~ a The move was a part of President John economy. close working relationship with the Alli son's reorganization of the Latin American I remember on one occasion, about the ance for Progress program. The Co policy command. Thomas C. Mann was ordinating Committee will· undoubtedly given the posts of Assistant Secretary of· State time that Governor Senor Mufioz-Marin for Inter-American Affairs and U.S. coordina took office; he came to Washington and determine the success or failure of the tor of the Alliance. talked with me regarding housing for Alliance for Progress program. We need Mr. Moscoso ls vacationing in Paris and Puerto Rico. a man of unusual capacity and ability to could not be reached for comment. It was It was always a problem when we en serve on that particular committee. understood that he planned to return to the acted housing legislation to develop a We shall miss Mr. Moscoso, but that management of his ·family's pharmaceutical program that could really be put to good loss can be repaired somewhat if a man company in Puerto Rico. use in Puerto Rico. Finally, there was of equal competence or similar com Governor Mufi.oz-Marin announced in San petence is obtained, possibly from the Juan last night Mr. Moscoso's appointment developed the do-it-yourself or self-help as one of the six Puerto Rican members of program in housing. "Ted" Moscoso was ranks of the Alliance for Progress pro the Commission. Under a congressional res put in charge of the program, as the Sen g~am, possibly someone new. olution it has the task of formulating pro ator stated. I believe the Government Mr. SPARKMAN. Mr. President, will posals for an improvement in the present agency was called the Puerto Rican Re the Senator yield further? status of Puerto Rico as a "free associated construction Administration. It had to Mr. HUMPHREY. I yield. state" in relation to the United States. do with the economic development of the It is believed that Mr. Moscoso will sub Mr. SPARKMAN. It would be quite mit his resignation before the Alliance Com island. In the so-called self-help pro appropriate at this time to say that while mittee holds its second meeting, scheduled gram, the Government would give to a we hear a great deal of moaning and for July 10 in Mexico City. person who was willing-this was in the groaning regarding the breakdown of the The first meetings were held here in March rural areas; I am not sure that it per Alliance for Progress program, and the when the committee was organized, with tained to the urban areas---to move out Latin American program generally, as a Carlos Sanz de Santamaria of Colombia as on a piece of land, to grow crops, and to matter of fact, a great deal has been its chairman. At that time President John build a house, a certain amount of brick, son spoke before the Organization of Ameri done under the program. can States, pledging continuing U.S. sup cement, and other things that were re If someone is interested in the pro port for the Alliance. quired, and let him build a house. gram it ought to be studied country by However, some Latin American and U.S. There were thousands of good houses country, rather than examined in the omcials-and some Members of Congress which were suitable for that area. They overall. If we look at the program in conslder that the attitude of the United were built by those people with only a the overall, someone always picks out the States has changed markedly. small amount of subsidization by the bad exampJes and uses them as being The first inconsistency, these critics say, Government. An overall housing pro appeared almost simultaneously with his typical. Of course, if one picks out the speech to the Organization of American gram was developed. "Ted" Moscoso did bad examples in Latin America, the pro States praising the new multinational char a wonderful job in Puerto Rico. I think gram can be made to Jook very bad. acter of the Alliance. Mr. Johnson sent his it was the outstanding work he did there When we entered into the Bogata Agree foreign-aid message to Congress, singling out which came to the attention of President ment, and later into the Punta del ·Este Colombia and Chile as two of six countries Kennedy and caused the President to Charter, it was fully understood that this in the world in which two-thirds of U.S. bring him into the Alliance for Progress was to be a mutual program, that there development lending would be earmarked in program. · He was first named as Am the fl.seal year 1965. had to be coordination and cooperation Alliance omcials then expressed the view bassador to Venezuela, until the Alliance between the particular country and the that if the United States selects two Latin for Progress program was underway, United States, that there were certain American countries beforehand for the bulk and then he was put in charge of that. things they had to do before we would of aid under the Alliance, the functions of I know that he worked hard to get the be willing to come in. Some countries the new committee are made almost program going. There were many ob have not done them. Other countries academic. stacles. There are still obstacles, but he have, and in those countries there has . As an example of what Latin American labored long and faithfully to overcome omcials call Washington's attitude in by been remarkable progress made in the passing Alliance machinery, they cited the those obstacles. I think he did a good Alliance for Progress program; does not dispatch of an economic mission to Panama job, and that we ought to be grateful the Senator agree? to study Panamanian economic development for the job that he did. Mr. HUMPHREY. I do indeed. I feel needs. This was done immediately after the Personally, I regretted seeing him that it is wrong merely to condemn a resumption of diplomatic relations last leave. I kriow that he will be missed. program and say that it has failed, as month. We have a man in charge of Latin some people have said it has. On the The step was taken, Latin omcials said, American affairs, Assistant Secretary contrary, where the criteria have been without any reference to the 7-year Pana manian economic development plan that the Mann, who has general supervision over met, where the standards outlined in the Alliance's committee of nine had just all of this work. I know that he believes Punta del Este Charter have been ful reviewed. very strongly in the Alliance for Prog fiiled-standards in terms of administra But the major Latin American criticism, ress program. I hope that he will be able tion reform, legislative proposals, land heard here and- apparent in editorial com to find someone who will carry it on with reform, and 'tax revision-the Alliance ments in the Latin press, deals with the the same zeal and dedication that char for Progress has been a sensational suc charge that the Johnson administration has acterized Ted Moscoso. cess. It has made unbelievable progress completely deemphasized the Alliance and . its political character in favor of what the Mr. HUMPHREY. . Mr. President, I in some areas. I hope that we shall not, new team calls the pragmatic approach. am sure that Mr. Moscoso will be pleased for 1 minute, relax our determination in This "pragmatism," which in the view of to read the words of the able and dis this country to make the program a real many observers includes a pas8ive U.S. atti tinguished Senator from Alabama, who success, a living monument, so to speak, tude toward military takeovers in Latin is one of our outstanding Senators, and to the vision of the late President Ken- 1964 CONGRESSIONAL RECORD - SENATE 10423 nedy and those who helped design . the by jury-on May 1-I pointed out the cases, and in others as well, by holding program. overwhelming significance of the clear by narrow margins that this definition is Mr. SPARK.MAN. ·A great deal of that language in our Constitution attempting not true and that criminal contempts program has been carried on by private to assure this most valuable right to the are not crimes to which the Bill of Rights enterprise. American people in 1787 for generations and the Constitution apply and guaran Mr. HUMPHREY. Very much so. to come. To illustrate the true intent of tee a jury trial. Mr. SPARKMAN. The Senator has our Founding Fathers, I traced, step by Therefore, it seems all the more man been in Central· and South America on step at the Constitutional Convention of datory that Congress should fulfill its various occasions. I know that he has 1787, the background of these words in legislative duties to the people and by visited projects-in fact, our trails our Constitution. The history that I law assure jury trial rights to criminal crossed at one time when we both visited pointed out leaves no room for doubt that contempt cases. housing projects in South American the framers of the Constitution intended Last Friday I went back to the Consti countries. The Senator knows the great that all crimes be covered by the right tutional Convention of 1787 to give his amount of housing which has been built to trial by jury, and that all prosecu torical meaning to the constitutional down there, some of it subsidized hous tions be subject to a speedy trial by an guarantee of jury trial rights. In doing ing under government plans, but most of impartial jury with the right of coun so, I pointed out that the people at large it private enterprise housing. The Sen sel and other rights afforded the def end clamored for these rights and were ator knows that several countries have ant. alarmed at the omission of civil jury trial been working on rather vigorous sys Today, I wish to go further into his rights in the Constitution. This demand tems of savings and loan associations, tory on this point, and I wish also to point brought forth the seventh amendment similar to· our own, and that personnel out how the whole pattern of the instant assuring juries in civil suits at common from private enterprise representing civil rights bill was apparently designed law involving more than $20, and so great savings and loan associations in this to circumvent this treasured and vital was the popular demand that the fifth country have gone down there and given part of our form of government. and sixth amendments were included in a year of their time to help such asso Last Friday-May 1-the Senator the Bill of Rights, giving further and ciations get started. The Senator knows from Georgia [Mr. TALMADGE] and I were more specific assurances to the people as something about this subject, because he discussing a definition of the word to jury and other trial rights in criminal has looked carefully into the establish "crime." Since that time, I have done cases. ment of credit unions in South America. some research on definitions, and I find Let us now go a step or two back fur Mr. HUMPHREY. The Senator is cor that they are quite appropriate to our ther in American history. rect. considerations at this time. In the Declaration of Independence, Mr. SPARKMAN. Credit unions are Black's Law Dictionary states the fol penned by the immortal Thomas Jef being established in the mountains lowing: f erson, we find the following listed among the Indians who have practically According to Blackstone, the word "crime" among· the grievances · of the Colonies no income, yet are developing the habit denotes such offenses as are of a deeper and against the King: of thrift, to save a little something out more atrocious dye, while smaller faults and For depriving us, in many cases, of the of the little they derive. Does not the omissions Of less consequence are called benefits of trial by jury; Senator, as a result of his visits to Latin "misdemeanors." But the better use ap For transporting us beyond seas to be America, hawing studied the projects, pears to be to make "crime" a term of broad tried for pretended offenses. believe that we should feel encouraged and general import. In this sense, "of by what is being done? fense" or "public offense" should be used as Jefferson spoke the feelings of the Mr. HUMPHREY. I do. Not only do synonymous · with it. people. His declaration became the dec The distinction between a crime and a laration of the people. In it, in un I feel that we should be encouraged, but tort or civil injury .is that the former is a mistakable terms indelible as they were I look upon it as an incentive to con breach and violation of the public right and tinue our efforts. of duties due to the whole community con with meaning at the birth of a nation, I noticed that President Johnson has sidered as such, and in its social and ag were the words, "trial by jury." given another note of reassurance to the gregate capacity; whereas the latter is an Why is it that in our attempts to be Western Hemisphere, and Latin America infringement of privation of the cl vil rights legally or technically letter perfect with in particular, by requesting, this coming of individuals. the doctrine of stare decisis, we as a Monday, that the ambassadors and chiefs A crime, as opposed to a civil injury, is the people, through our judicial structure, violation of a right, considered in reference are drawn so far afield of the real mean of missions in the Latin American coun to the evil tendency of such violation as re tries return to Washington once again gards the community at large. ing and purposes of the founders of our so that there can be better coordination Nation? As an elected representative of our efforts, so that they can receive This definition should leave little doubt of the people, I feel it my bounden duty from the President, from the Secretary tht1,t the use of the words "all crimes" in to support legislation that will restore of State, and from his special assistant our Constitution should include crimi full jury trial rights in all criminal cases, the Assistant Secretary of State for Latin nal contempts as offenses against judge including criminal contempts, and thus America, Mr. Mann, the kind of instruc made law which has its roots in basic or bring us more in line with the words tion, direction, and inspiration that will legislative-made law. written so carefully and correctly by give the Alliance for Progress even great Black's Law Dictionary states that a the great Thomas Jefferson for our er strength. violation of the public right is a crime. posterity. · If a judge issues an order or a decree, he Let us go back a little further beyond must do so in the public right, or he has the Declaration of Independence. In CIVIL RIGHTS ACT OF 1963 no reason to act. Therefore, a violation Jefferson's writings we find several nota The Senate resumed the consideration of the order is a violation of the public tions about the insidious practice of the of the bill murder otherwise than by a Alabama agree with me that the same my life in courtrooms. As a trial lawyer, jury; or that a man should be tried for argument could be made in an attempt I have tried hundreds and hundreds and burglary, otherwise than by a jury; or to deny the right of trial by jury to a hundreds of ·cases before juries. Except that a man should be tried for theft, man charged with committing murder? in the instances in which the jurors de otherwise than by a jury; or that a man cided the cases against my clients, I should be tried even for treason against Mr. SPARKMAN. Certainly. his country, otherwise than by a jury. I remember when Negroes were first thought their verdicts were exceedingly good ones. Of course, when they de I am perplexed beyond measure, and chosen for jury duty in my home town. confess that I am totally incapable of At the time, I was practicing law there. cided the cases against my clients, I did not praise their verdicts. That was un understanding, how any Member of the I had some wonderment as to just what Congress who would stand and fight to would happen when Negroes were used derstandable because some wise man said, several centuries ago: the death for the preservation of the on mixed juries. I was present when the right of trial by jury in cases such as first such jury was impaneled; at the No man e'er felt the halter draw, With good opinion of the law. those I have enumerated would take the time, I was sitting in the courtroom. I position, in the face of this Nation, that remember very well the judge who then I have made this unanimous-consent anyone under any circumstances should presided. I watched the process of strik request primarily for the purpose of hav be sent to prison or fined as a punish ing the prospective jurors--as that term ing an opportunity to state for 7 years I ment after trial by a judge rather than is used there-in the first case. The -was honored to serve my State in the after a trial by a jury. practice there is to have 100 prospective capacity of a superior court judge. In There is no objection that can be urged jurors called for service during any par that capacity, I held court in about 50 against trial by jury in a civil rights pro ticular week; and the judge divides them of the 100 counties of North Carolina. ceeding that cannot be urged against into panels, with perhaps two dozen on Since North Carolina provides the right the right of trial by jury in cases in each panel. Out of each panel of two of trial by jury in respect to the issues volving murder, arson, burglary, rape, dozen, one dozen are to be drawn, to of fact in all civil cases, regardless of larceny, treason, or any other offense serve on the jury. The first 12 called are whether they involve equitable or legal known to the catalog of crimes. It is used, unless some are subjected to strik elements, and in all criminal cases what surprising that any American would ing for reason, in which case additional soever, I spent most of my time presiding take such a position. jurors are called. over jury trials. In the Declaration of Independence, In the first panel, there were two I would say that for an average of 42 Thomas Jefferson stated that one of the Negroes. I watched the "striking" of the weeks a year I held jury trials through reasons why the 13 Colonies should sever prospective jurors. The person being out North Carolina. Under our system, the bands which connected them with tried was a Negro. I found it quite the judges rotate; they spend a relatively the mother country, England, was the significant when I observed that the. small portion of their time holding courts fact that the British Parliament, at the Negro's attorney "struck" the two pro in their own counties or their own urging of King George III and his min spective Negro jurors who were on the judicial districts. isters, had denied the colonists the right panel. That was done by th.e Negro de I hesitate to state how many jury trials of trial by jury in criminal cases. fendant's counsel; apparently he and his I presided over-but I would say they The writer of the Book of Ecclesiastes client did not want those two Negroes would run into several thousands--in has said: "There is no new thing under to serve as jurors, to try the case of that volving cases of prime importance in the sun." Negro. both the criminal field and the civil field. That statement is corroborated by the By the way, there was no difficulty In almost every instance I knew nothing bill. The bill undertakes to deprive whatever in having Negroes serve on about the case except what was disclosed Americans, many of whom have bared juries; and that was 30 years or more to me by the evidence produced in the their breasts to the bullets of the enemy ago. Of course, Negroes have been used courtroom, before the jury and before on the battlefield, of the right of trial on juries ever since that time, in the trial me, as the presiding judge. by jury in a certain class of cases called of all kinds of ca&es. After all, the duty During that entire period of 7 years, civil rights cases. In most cases they of a juror is to consider the evidence that I do not recall setting aside any jury are wrongly so called. The bill under is presented, together with the instruc verdict in a criminal case. I took this takes to do so through circumvention of tions given by the judge. The jurors may action because I was convinced that in the processes of law, by assigning to request instructions from the judge as to virtually every one of those criminal Federal courts of equity, where a jury the application of the law; and then the cases the jury returned a correct verdict. trial on the merits is denied, jurisdiction jurors reach their decision. I have never I had no interest in the cases; and, as which courts of equity never have had known our juries to have difficulty reach I have said, I knew nothing about them both in respect to supposed wrongs newly ing their decisions. until their nature was disclosed by the declared by Congress and in respect to By the way, De Tocqueville also made evidence presented before me in the ancient wrongs which always have been the point that not only will a good de courtroom. left to the processes of the criminal law cision be reached by a jury-although In those 7 years, I set aside only two for punishment. not necessarily the decision which any verdicts in civil cases, because I be We are witnessing in the year 1964 an particular person might want-but also lieved that in virtually all those cases effort by the proponents of the bill to that with 12 jurors, good and true, a de the juries either reached undoubtedly expand the jurisdiction of the courts of cision will be obtained. He says the use correct verdicts or the evidence was of equity so as to circumvent the right of of the jury is an accommodation to the such nature that the juries could reason trial by jury. Our forefathers witnessed judge, and that one man, the judge, ably have reached decisions in favor of during the years preceding the Revolu should not be called upon to make de either one party or the other. tion the virtually identical step taken cisions as to the facts; that a much bet As a result of my experience as a trial by the British Par~ia,ment, at the urging ter judgment. in regard· to the facts is lawyer, and also as a result of my ex of King George m and his Ministers, likely to be obtained by using the 12 perience as a trial judge in a court of to divert' and pervert the powers of the 10426 CONGRESSIONAL RECORD- SENATE May 8 Court of Admiralty, where no jury was would make martyrs of men sent to jail trial granted to anyone who has com allowed, to keep American colonists from in trials by judges without juries, but mitted a wrong, that they said, "How can having the right of trial by jury. His that no men would ever be made martyrs this be done?" I said, "They are trying tory repeats itself, and it teaches on because they were sent to jail on the to pass a law under which a person can every page the lesson that a nation which basis of verdicts of conviction returned not have a jury." They said, "You do does not profit by the mistakes of the by juries. not mean that people who would be past is doomed to repeat the mistakes of Those who advocate the denial of jury elected to the Senate would do a thing the past. The proponents of the bill are trials in cases in this area of our national like that?" Thay could not understand attempting to repeat today the mistake life do a great disservice to law. They how anyone could support a law that of the British Parliament which in large destroy to a large measure the confidence would deprive anyone of a jury trial. It measure provoked the American Revolu of the people of the country in the legal has become a part of our everyday life tion. I thank the Senator from Alabama system which was created to do equal and system. for yielding. I also thank the Senate justice to all. They do this by urging It is hard t :i understand or believe that for acceding to my unanimous-consent that Congress provide for inequality of a man could be pulled into court by any request that I might make those observa right by granting the right of trial by one, and that the court would become tions without the Senator from Alabama jury to some men and by denying the the accuser, the prosecutor, the judge, losing his right to the fioor. right of trial by jury to others. If it does and the jury. They do not understand Mr. SPARKMAN. I thank the Sen their will, Congress will give the lie to that; and neither do I. ator from North Carolina. His remarks our boast that our courts are established Mr. SPARKMAN. The one man in have been very pertinent. to administer equal justice under law. dicts, arraigns, prosecutes, judges, and Earlier in my talk I quoted Thomas Mr. SPARKMAN. They would create sentences. One man does it all. No Jefferson's language in the Declaration something which most certainly will wonder people generally do not under of Independence relating to the denial come back to haunt them. I speak with stand that. of the right of trial by jury and the reference to minorities. When I say, When the distinguished senior Sena expansion of the maritime courts in "minorities," I do not refer specifically tor from North Carolina returns to the order to get around the right of trial by to racial minorities. I mean minorities Chamber, I shall invite his attention jury. I should like to comment with of any group. How about the labor to this matter and ask him to comment reference to jury trials that I learned unions that built up their strength in on it. Unfortunately, a strong feeling very early never to quarrel with a jury this country? How did the laboring man has circulated over the country that in decision. My reaction was very much ever manage to organize to protect him the pending amendment-which is the like that of the Senator from North self? The Norris-La Guardia Act de Mansfield-Dirksen substitute for the Carolina. If the decision went against nied the right of injunctive relief. In Talmadge amendment-a guarantee is me, I said, "Well, at least we had a jury. other words, a single judge could say, given of the right of a trial by jury, We had 12 of our peers to hear the evi "You must do this, and must not do that." when it is anything but that. dence and to decide the issues." Mr. ERVIN. Did not the Congress also Mr. JORDAN of North Carolina. The Therefore, I learned not to quarrel with assist them in getting protection against sentence would be reduced from 45 to the decision of the jury. I have seen tyrannical injunctions and the abuse of 30 days. That is about all it means. many jury decisions favor my clients equity jurisdiction by passing the Clay Mr. SPARKMAN. It does that in only when I really feared that the decisions ton Act? one title; namely, the voting title, title I. would go the other way. On the other Mr. SPARKMAN. The Clayton Act Mr. JORDA~ of North Carolina. That hand, decisions have gone against me came before the Norris-La Guardia Act. is correct. when I thought they would be for me. Mr. ERVIN. And did not every Mem Mr. SPARKMAN. But in all the rest But I respected jury decisions and I be ber of the Senate in 1959 vote for an of the bill, there is no word about the lieve the people respect jury decisions. amendment which I offered to the Labor right of a trial by jury. It is silent on De Tocqueville, in his treatment of the Management Reporting and Disclosure it. It does not provide that there shall subject, has brought out the fact that Act granting the right of trial by jury be or that there shall not be. It rests this is an institution that runs through to all persons charged with criminal con upon the Supreme Court. out the idea of U.S. justice. It is really tempts under the provisions of that act? My thought is that the Supreme Court, an Anglo-Saxon idea that has come down Mr. SPARKMAN. Is that not in rec by a slender margin of one vote, certi through the ages, which the Georges ognition of the very thing I have said, fied to the fifth circuit court-which had tried to subvert, divert, and revert. But, that it is the right of a person who may divided evenly, 4 and 4-that within as a result, they lost the American find himself in a minority organiza reasonable bounds a person could be Colonies, and the American colonists sat tion-and I do not mean by that, a tried for criminal contempt without a up their own governing documents in minority race at all, but in any minority jury. But Justice Clark, in delivering which they made no mistake by elimi . set up--and who will need that right to the decision, said, in effect, that the cir nating the right of trial by jury in all a trial by jury some day, which Congress cuit court should take note that no fine, crimes, in all criminal prosecutions, and seeks to deny? no sentence, or no criminal penalty in all civil cases involving more than $20. Mr. ERVIN. That is correct. would be approved by the Supreme Court Mr. ERVIN. I should like to make Mr. JORDAN of North Carolina. Mr. if it were more than what might be ap the confession at this point that when President, will the Senator yield for a plied in trivial cases. I believe those I was able to view in perspective, rather question? were almost the exact words that were than through the partisan eyes of an ad Mr. SPARKMAN. I yield. used. vocate, some of the verdicts in cases Mr. JORDAN of North Carolina. I Mr. JORDAN of . North Carolina. which I lost, I reluctantly came to the commend the Senator on his address. That is a rather broad term, is it not? conclusion that the jury had often been My colleague and I had the pleasure of Mr. SPARKMAN. Yes. right and I had often been wrong in our flying down to North Carolina yesterday Mr. JORDAN of North Carolina. disagreements in respect to the factual afternoon when the President was vis What is trivial to one person might not issues. iting our State. There were many peo- be trivial to another, and vice versa. I should like to say this about the ple present. _ Mr. SPARKMAN. Yes. But even right of trial by jury: One of the great Our constituents inquired as to the that decision was based on a 9-to-8 vote, members of the fourth estate in the debate which has been in progress in the when we consider the vote of the circuit United States in our generation is a Senate . Chamber for so many days. court which was 4 to 4, and the vote of native of North Carolina-Gerald W. They want to know what we are talking the Supreme Court, which was 5 to 4. Johnson. He stated in his writing sev about. When it is considered on that basis, it is eral years ago that he did not understand Several people--not lawyers, nor a decision that will sustain only the pen why the advocates of civil rights bills judges, but good, plain people, the type alty called for in a trivial case. sought to prevent persons charged with which makes up our population-asked, So far as I am concerned, I would ra violations of alleged civil rights from "Why should anyone be against having a ther have the bill remain as it is than being granted the right of trial by jury. jury? How else could we do it?" They to have the Mansfield-Dirksen amend He said that the denial of jury trials had been so accustomed to having a jury ment in it. That is my offhand opinion. 1964 CONGRESSIONAL RECORD - SENATE 10427 I intend to invite the attention of the juries will really do justice when a biased Even though military justice involves a distinguished senior Senator from North and prejudiced judge is trying to lead them different kind of justice from that ad astray, I am confirmed in my opinion that Carolina to this subject. As the Senator after all our jury system is one which the ministered in ordinary trials in day-by knows, the senior Senator from North American people, who believe in liberty and day modern courts, yet there is an anal Oarolina was a distinguished trial judge, justice, wm not dare to surrender ~ I like ogy between a board of officers sifting and appeals court judge in the State of to have trial by jury preserved in all kinds of and weighing the evidence, and a jury of North Carolina. He is a man whose con cases where there is a dispute of fact. 12 men, or whatever number might be stitutional ability is recognized by all Mr. LONG of Louisiana. Mr. Presi provided for a jury, sifting the evidence Senators. dent, will the Senator from Alabama present, to determine whether a man is I would rather risk the Supreme Court yield for a question? guilty or not. getting on the right track. It got off, but Mr. SPARKMAN. Let me say. to the Mr. LONG of Louisiana. Mr. Presi it seems to realize more and more that Senator from Louisiana that I was just dent, will the Senator from Alabama it is off. It threw in this warning: quoting from a great liberal in the Sen yield for a further question? "Nothing more than a penalty in a trivial ate-back in the years when the Sen Mr. SPARKMAN. I yield. case." ator from Louisiana's distinguished fa Mr. LONG of Louisiana. I should like The thing that has been noticeable to ther served in the Senate as well--Sen to ask the Senator if it is not correct that me-and I have stated this before in the ator George W. Norris of Nebraska. In in such situations, where a jury had been Chamber-is that the four judges-who his opinion any person in the United trusted to do its duty, even though skep said, in effect, that a man was entitled States, in any case, in any court, no mat tics of the jury system would have to to a trial by jury in criminal contempt ter what the case was, was entitled to concede that juries have done their duty, cases were Chief Justice Earl Warren, have a trial by jury. they have sometimes leaned over back Justice Black, Justice Douglas, and Jus Now, I am glad to yield to the Senator ward to do their duty, painful though it tice Goldberg. They are the four Jus from Louisiana for a question. may have been. tices who are usually regarded as the lib Mr. LONG of Louisiana. I note that Mr. SPARKMAN. The Senator is cor erals of the Supreme Court. the distinguished Presiding Officer at rect. I hope the time will never come- The thing that I cannot understand this moment is one of our great Amer I do not believe it will-when I shall find is that the so-called liberals in the Sen ican war heroes, who fought with a di myself condemning the greet system ate are :fighting against the effective right vision which perhaps suffered more cas upon which justice has been built in of a trial by jury. ualties and sustained more injuries in America-that is, the right to a trial by Again, all through the years, it has any battle fought in World War II than jury. been the liberals who have fought to any other division which served under At this moment, let me go one step obtain the right of trial by jury. In that the American :flag in any war. Perhaps further. I have quoted Senator Norris. connection, I should like to read the it has meaning to him, because it has to I wish to quote Senator Thomas J. Walsh, words of one of the greatest Senators of me. I ask the Senator from Alabama if of Montana, the home Sta.te of our ma all time, who served in this body when the following incident does not some jority leader. He was appointed Attor I was a Member of the House of Repre what parallel his own experience: In a ney General by President Roosevelt, but sentatives. When he was speaking, I courtroom trial at a military base on Senator Walsh-died shortly before tak used to like to come over and stand in which I happened to be stationed as a ing office as Attorney General. the back of the Chamber and listen to young officer during World War II, a cap He was appointed Attorney General by him. Ofttimes, his was a lone voice, tain had the idea that a young sailor President Franklin D. Roosevelt when he but it did not deter him one bit. He was guilty of a grievous offense; and he came into office. However, Senator spoke on. I refer to the great liberal, named the officers to preside at the Walsh died before he took office as At the Senator from Nebraska, George W. court-martial. He thought that they torney General. He was one of the great Norris. Senator Norris was the sponsor would find the sailor guilty. The court legal minds.. He uncovered the Teapot in the Senate of the Norris-La Guardia martial was conducted, and when the Dome scandal and investigated it. I said Act, to which I referred a few moments officers had concluded their duties, they a little earlier that two great acts of ago. On March 18, 1932, while that bill turned the young man free. Congress guaranteed the right of trial by was under consideration, Senator Norris The captain was so infuriated that he jury in specific cases. One of them was said this: wrote a letter condemning the officers the Clayton AC't. The Senator is familiar I agree that any man charged with con who had held the court-martial, because with that act, because he has done a great tempt in any court of the United States, in they had not found the man guilty; and deal of work in connection with it. The any case, no matter what it is, ought to have he had it put into the record of those other is the Norris-La Guardia Act. The a jury trial. officers, in thefr brochures. Of course, Clayton Act excluded labor unions from That was a liberal speaking. He knew the whole effect was that when it reached certain parts of it because of the injunc what this might mean to liberals who the Bureau of Personnel, they did not tive proceedings that had been engaged might be in the minority. He knew what condemn the officers but condemned the in. The Norris-La Guardia Act positive it meant to the workingman, for whom man who wrote the letter. ly provided that labor organizations he was speaking. It was the Norris-La Mr. SPARKMAN. The Senator is should not be subject to the control of a Guardia Act which liberated the work correct. judge, without a jury. ing man and made it possible for labor Mr. LONG of Louisiana. The captain It was in connection with the Norris unions to organize without the injunc had proved himself to be unworthy. The La Guardia Act that I quoted from Sena tive whip, and the whip of criminal con idea was that the man should have a fair tor Norris. Now, I wish to quote from tempt imposed by judges. trial and an opPortunity to be acquitted Senator Walsh, in connection with the He said that any man, in any case, in of any charges made against him. The Clayton Act. This was during the ad any court of the United States, no mat Sena tor can imagine how unfair it would ministration of Woodrow Wilson. Sen ter what the case was, should have the have been, had that captain been the ator Walsh said: right to trial by jury. accuser, judge, and prosecutor. What There is not an argument that can be ad A question was put to me by the senior chance would that Poor sailor have had? vanced or thought of in opposition to a Senator from North Carolina about hav Mr. SPARKMAN. The Senator is ab trial by jury in contempt cases that is not equally an argument aga.inst the jury sys ing heard that juries will not convict. solutely right.' I served for a short pe tem as we now know it. This is what Senator Norris said: riod in the military in World War I, and It is no answer to say that there will some then I served in the Reserve, as a Reserve I believe he was right. In other words, times be juries which wm not convict. That officer, for 37 years thereafter. I am still if we condemn the right of trial by jury 1s a charge which can be made against our a Reserve officer, although retired from in any case, we are attacking the jury jury system. Every man who has tried law active participation. I had always heard system generally. suits in court and heard jury trials knows that juries make mistakes, as all other hu it said that if one is guilty, he does not I should like to quote from one of the man beings do, and they sometimes render wish a court-martial, but if one is inno greatest legal minds who ever served in verdicts which seem almost obnoxious. But cent he would wish a court-martial. I the U.S. Senate. I mean of all times it ts the best system I know of. I would do not know. I was never court-mar and I am not forgetting Webster and not have it abolished, and when I see how tialed. But the Senator makes a point. Calhoun. It was Senator Reed. 10428 CONGRESSIONAL RECORD- SENATE May 8 Mr. LONG of Louisiana. Mr. Presi titles were taken away from him and Unfortunately, the feeling has arisen dent, will the Senator yield for a ques from his family. over the country-we can read it in the tion? Mr. LONG of Louisiana. Was not a newspapers or hear it on the radio and Mr. SPARKMAN. I yield. bill of attainder a sort of resolution television-that the Mansfield-Dirksen Mr. LONG of Louisiana. Is it not true which could be passed by Parliament, amendment provides for the right of trial that one of the black chapters in the his directing that a man be locked up and by jury. The Mansfield-Dirksen amend tory of American justice was the era dur his property be seized? ment does not provide for the right of ing which American labor unions were Mr. SPARKMAN. It became that. I trial by jury. It is a denial of the right dealt with by the iron fist of prejudiced went back to the very origin of bills of of trial by jury. It is true that it places judges? attainder. The Senator is correct. a limit on the sentence a judge can im Mr. SPARKMAN. Yes; that was why Mr. LONG of Louisiana. In other pose. the liberals rose up and passed those acts. words, Parliament would pass a bill of It should be remembered that, except The present liberals are the sons of those attainder under which a person could for the Constitution, the law is silent to liberals. They are the second generation be seized and locked up and his prop day on the right of trial by jury, except in of liberals. They are deliberately trying erty taken away from him. Is that the specific cases to which I referred, to deny to the American people the right correct? such as the Clayton Act, the Norris-La of trial by jury and to make them subject Mr. SPARKMAN. Yes; and his fam Guardia Act, and the Voting Privileges again to biased and prejudiced judges. ily was penalized also. His estates and Act. Instead, there js a Supreme Court I suggest that there may be such titles were taken away from him. decision on which to stand. It is true judges. I am not ir..dicting the Federal Mr. LONG of Louisiana. Would it be that the Supreme Court, by the narrow judges, because I believe that by and fair to say that millions of Americans margin of a single vote--that is, by a large they are fine, fair-minded men. do not know what a bill of attainder is vote of 5 to 4 in a case certified to the But we do know that exceptions pop up. simply because they have had no contact Supreme Court by the Circuit Court of The exceptions became rather numer with it? Appeals for the Fifth Circuit, which had ous back in the days when it was foqnd Mr. SPARKMAN. The Senator is cor divided 4 to 4-held that a criminal necessary to enact statutes by Congress rect. We have not had any experience contempt penalty could be imposed with in order to take this matter out of the with bills of attainder because our fore out a trial by jury. But the Supreme hands of judges. fathers banished them. Our forefathers court issued the warning that it would Mr. LONG of Louisiana. Is it not cor wrote that provision into the Constitu not approve any penalty that was rect to say that the Attorney General, tion, and also provided for the right of greater than the penalty that would be who is the ramrod behind some of these trial by jury in all criminal prosecutions. assessed in a trivial case. I do not know legislative proposals, would have the It provided that there should be a trial what that means. power, under the bill, if it should become by jury in at. criminal prosecutions, and But remember, 17 judges voted on this an act, more or less to shift judges in all civil cases where the amount in question, 8 in the circuit court and 9 around, in some respects, to gerrymander volved was $20 or more. in the Supreme Court. Of the 17 judges these cases into the courts of judges'. Mr. LONG of Louisiana. Is it not cor who voted, the division was 9 to 8. Even sympathetic to his position in the mat rect to say that under our form of Fed the majority in the Supreme Court is ter? eral Government Congress cannot send sued the warning: "Do not let the pen Mr. SPARKMAN. Yes; that is pro- for someone and put him in jail, and alty be more than such as would lie in a vided in the bill. that the President does not have the trivial case." Mr. LONG of Louisiana. He could power to arrest someone and throw him I said I had rather take my chances choose his own judges, in other words. in jail-except, possibly, a serviceman? with the Supreme Court. Justice Black, Mr. SPARKMAN. Yes; to a large ex Likewise, a judge should not have that in a strong dissenting opinion, referred tent. power, either. Is that correct? to the warning. Perhaps it means that I invite the Senator's attention to this Mr. SPARKMAN. The Senator is the Supreme Court is beginning to see statement by Senator Reed. I do not correct. what would happen as a result of deny know whether he remembers Senator Mr. LONG of Louisiana. Would it not ing the right of trial by jury. Perhaps Reed. I know that he knows of him. He be correct to say that under the pend eventually the Supreme Court will get was one of the great legal minds, and a ing bill, without the Talmadge amend back on the track and act according to fine debater in the Senate. He said: ment, a judge would have the power to the constitution, which provides that in The legislative branch of the Government send a man to jail, without benefit of all criminal cases a person shall be en may make grievous errors. The Executive trial by jury? titled to the right of trial by jury. may even undertake the exercise of tyran Mr. SPARKMAN. He would, under Mr. LONG of Louisiana. Was there nical power. But so long as the temple of the Supreme Court decision, or if the not a classic case in the South? A justice stands open, so long as the courts Mansfield-Dirksen amendment were southern Governor was doing his duty have the courage to declare the rights of agreed to, rather than the Talmadge as he construed it under the laws and the citizens as they are preserved in the law, and Constitution. He was accused by the so long as a man has a right to be tried by a amendment. I made this point a few jury of his peers, no nation wm ever be really minutes ago. Title I has a trial-by-jury U.S. Government of violating a court or enslaved. provision. That provision was adopted der. When the citizens heard that the by the Senate in 1957. It applies to U.S. Army was on its way, they under Does not the Senator believe that to be title I. It applies to voting rights cases. took to hold hands together against the a perfect statement in favor of the pres However, all the other titles are silent on advance of the Federal troops. So the ervation of the right to trial by jury? the right of trial by jury. sympathy of the people was on one side, Mr. LONG of Louisiana. Is the Sen I made tPis point shortly before the and Federal guns and troops were on the ator familiar with the fact that article I, Senator came into the Chamber. I other. Was not that a classic case of a section 9, of the Constitution states that should like to restate it, and invite his man being denied the right of trial by Congress shall pass no ex post facto laws attention to it. I am in favor of the Tal jury, because of the fear that if he had and issue no bills of attainder? madge amendment. I voted for the been tried by a jury, he might have Mr. SPARKMAN. Yes. Morton amendment. I intend, if there gone free? Mr. LONG of Louisiana. Can the is an opportunity to vote, to vote for Mr. SPARKMAN. Yes. Senator tell us what a bill of attainder the Talmadge amendment, because it re Mr. LONG of Louisiana. Is it not cor is? states the constitutional guarantee of rect to say that freedom as well as tyr Mr. SPARKMAN. It goes back to Eng the right of trial by jury. If the Tal anny are on trial at this moment in the lish times, when the blood became taint madge amendment is not reached, but, Senate Chamber? ed, figuratively speaking. It was when a instead, the vote comes on the Dirk Mr. SPARKMAN. The Senator 1s person was found guilty of some crime or sen-Mansfield amendment, I have al correct. I am sure he remembers the some oft'ense against the Crown. In such ready said that I would rather have the statement of Coke, who said that it were a case not only was he banished from bill remain as it is than to have the better that 99 guilty went free than that the realm, or put under some severe pen Mansfield-Dirksen amendment tacked 1 _innocent should be convicted. That alty, but even his land and estates and; onto it. J;ias always been the rule of justice in this 1964 CONGRESSIONAL RECORD - SENATE 10429 country, handed down from medieval part of our great judicial system, the sured, as a citizen of the United States, times. But the pending bill would de grand jury. that in no respect would his rights of part from that principle. It would pro In a speech I made a week ago today, citizenship be impinged upon, and that vide, in effect, that it were better that I sought to trace the development of the in no respect would his constitutional 99 innocent should be convicted than jury system. In my study, I came to the guarantees be undermined? that 1 guilty should go free. In other conclusion-and I believe I am correct Mr.SPARKMAN. Yes. words, the bill seeks to deny the right of that the grand jury preceded the petit Mr. LONG of Louisiana. Mr. Presi trial by jury because of the fear that one jury. Actually, the same movement dent, will the Senator from Alabama person might go free. probably produced both, but produced yield further liO me? Mr. LONG of Louisiana. Is it not fair them at different times. The PRESIDING OFFICER War of 1812: A young times resulted. I suppose we are being This part of the Constitution does not man, when in the heat of battle, let fear a little severe in comparing that type of say "in some" or "in capital cases'', or get the better of him, and fled. He was justice with what judges administer. "in cases of infamous crime"; instead, it captured by Jackson's troops. Jackson's But we do know that back in the early attitude was that no man who showed part of the 20th century-the first 25 or says: 30 years-biased and prejudiced judges In all criminal prosecutions, the accused cowardice in the face of the enemy shall enjoy the right to a speedy and public should be permitted to live, but should be throughout the United States made it trial, by an impartial jury of the State and shot. A court-martial-perhaps a sum virtually impossible for laboring men to district wherein the crime shall have been mary court-martial-tried that young organize in order to protect their own committed, which district shall have been man, and decided to show him mercy; interests. For that reason the Clayton previously ascertained by law, and to be in but Andrew Jackson thought that was a Act, and the Norris-La Guardia Act, ex formed of the nature and cause of the ac no good verdict, and had the young man cept labor unions from their application. cusation; to be confronted with the wit shot, anyway. The bad use of the injunctive process nesses against him; to have compulsory was responsible. process for obtaining witnesses in his favor, I believe it happened in the State of and to have the Assistance of Counsel for Alabama. Mr. LONG of Louisiana. Mr. Presi his defence. Mr. SPARKMAN. I believe the action dent, I should like to ask the Senator a question: Is it not correct that the type What has happened? What are those took place near Horseshoe Bend. Andy Jackson marched his army from Nash of tyrannical activities pursued by some who call themselves "liberals" trying to of the commanding generals to whom do with the Constitution? They are try ville down through my hometown and reference has been made, including a ing to tear both of those constitutional through eastern Alabama. He defeated the Creeks at Horseshoe Bend, and then great man like Andy Jackson, caused the amendments to pieces. Yet both of those Congress to say, "That will never do. We amendments are vital parts of the Bill went on down first to Mobile and then establish a court of military justice with of Rights, which was insisted upon by over to Pensacola. He then learned that some civilians on it . to see to it that a those who remembered the star cham the enemy was headed for New Orleans. man who is tried by the military authori ber proceedings in England and the pro He marched the small band of men he ties, even in wartime, will have his con ceedings before biased and prejudiced had left over to New Orleans. While he went back up North to get more troops, stitutional rights zealously protected." judges and by means of writs which Mr. SPARKMAN. The Senator is cor would result in having the trial held at a the enemy came down the Natchez Trace rect. Congress did it. One of our far place far removed from the place where and fought the battle of New Orleans on mer colleagues in the Senate is a member the defendant lived, with the result that January 12, 1915. of that court-former Senator Ferguson. the trial would be held at a place far from Mr. LONG of Louisiana. In fairness When I served in the House of Repre where his witnesses lived, and he would to old Andy Jackson, would it not be fair sentatives for a period of several years, be tried in a place far removed. They to say, as Stalin said about his trips in I sat between a Representative from protested against all such procedures. World War II, that it took a brave man Louisiana and a Representative from When there was insistence that these to retreat without authorization in Andy Texas on the old Military Affairs Com provisions be included originally in the Jackson's army? mittee. Paul Kilday, a former Repre Constitution, some argued that those Mr. SPARKMAN. The Senator is sentative from Texas, is a member of that rights were already assured in each of correct. Yet the action caused a great court. It was organized by Congress for the States. Actually, those who wrote deal of criticism, even though what oc the very reason which the Senator has the Constitution first proposed a pro curred was in the service of the United pointed out. It was a three-man court vision of this sort which related only to States at a time of war. authorized to review any case that an of criminal cases outside the States--for Mr. LONG of Louisiana. Mr. Presi fender might bring for review. example, on an island or in an insular dent, if the Senator will yield further-- Mr. LONG of Louisiana. Would it position or a territory, and so forth. Ac Mr. SPARKMAN. Before I yield, I not be fair to say that the three-man re cording to Madison, that proposal was should like to tell the Senator a story. view court tries to see that a serviceman made because there was general recogni One of the greatest of generals--! al receives something of the type of justice tion that all the States already provided most said Civil War; I still call it that, that would have been accorded him if by law that their citizens would have though I believe most people like to call he had had the right of jury trial? all these guarantees. it the War Between the States--was Mr. SPARKMAN. The Senator is cor Nevertheless, when the people were Nathan Bedford Forrest. rect. That is the purpose. called upon to vote to ratify the pro General Forrest was not what might Mr. LONG of Louisiana. Mr. Presi posed Constitution, they replied, "Oh, be called an educated person, but he was dent, will the Senator yield further? no; we insist that those guarantees be a great general. If anyone doubts that, Mr. SPARKMAN. I yield. clearly set forth in the fundamental I commend to his reading a book that Mr. LONG of Louisiana. It seems to charter of the land"; and they insisted will tell about the pursuit of Straight this Senator that the proponents' pur that those provisions be included in the with the Indiana forces from about pose in seeking to deny a man a jury Bill of Rights. Florence, Ala., across Alabama, and over trial when he is accused of the crime of Furthermore, it is important to note to Rome, Ga., where Forrest took out "discrimination" is based upon the the that of the first 10 amendments to the after him. He got so close to him that ory that a southern jury would be prej Constitution, which constitute the Bill of quite often there was skirmishing. Then udiced in favor of the defendant. But 1964 CONGRESSIONAL RECORD - SENATE 10431 before going to this extreme, would it Let us see how it compares with the The only witness in this case is the not be more reasonable to require that pattern of the administration of justice man who charged him, the man who in the judge first make a finding, subject to which is laid down in the Constitution. dicted him, the man who prosecuted review, that a fair trial could not be This is what is provided in the sixth him, the man who testified against him, held and that an appropriate jury could amendment: and the man who decided in advance not be recruited? In all criminal prosecutions-- . that the defendant was guilty, the man Mr. SPARKMAN. The Senator has who imposed the sentence without any made a very fine suggestion. That sug I like to emphasize that "all." It does jury being interposed. gestion has been made that a jury might not say "in the worst ones," or "in some Mr. LONG of Louisiana. Is it not not be willing to convict in a case in of them," or "in those where the judge correct that in many instances, a judge which discrimination was claimed. Does think he ought to be imprisoned for will be the accuser, the prosecutor, the the Senator remember that that point more than 30 days, or fined more than witness, the jury, and the judge, as well was brought out both by Senator Norris $300." It does not say that at all. It as the jailer? in his argument, and also by Senator provides: Mr. SPARKMAN. Yes. I have not Walsh in his argument? I should like to In all criminal prosecutions, the accused given as yet all of the rights secured to read again the statement of Senator shall enjoy the right to a speedy and public a citizen under the Constitution. Listen trial. Walsh, because it is very brief: I to this: "to be confronted with the wit There is not an argument that can be ad I assure the Senator that the defend nesses against him; to have compulsory vanced or thought of in opposition to trial ant gets a speedy trial. Ordinarily it is process for obtaining witnesses in his by jury in contempt cases that is not equally a public trial. The occasions when I have favor." an argument against the jury system as seen it done, it appeared that the judge He does not have a single witness we know it. warited to show his power to hold some there when the judge finds him in con I thought he referred definitely to the one in contempt. So the defendant gets tempt. The judge calls him up to the 'other point. Senator Norris did. He a speedy trial. Usually, he gets a trial bench and says, "I find you in contempt said: right away, without deliberation. The of court, and I assess such and such a It is no answer to say that there will some Constitution says that he shall have penalty." I have seen that done. And times be juries which will not convict. That the right to a speedy and public trial. the Senator from Louisiana has seen it is a charge which can be made against our That is the only thing he gets out of the done. He is entitled "to have the assist jury system. Every man who has tried law guarantee in the Constitution. And he ance of counsel for his defense." suits in court and heard jury trials knows gets that because the judge in most cases I suppose he will have a counsel in that juries do make mistakes, as all other human beings do, and they sometimes render is angry at the time. Reading further: court. The chances are· that if that verdicts which seem almost obnoxious. But In all criminal prosecutions, the accused counsel rose and started to argue with it is the best system I know of. I would not shall enjoy the right to a speedy and public the judge, the judge would say, "You have it abolished. And when I see how juries trial, by an impartial jury of the State-- had better be careful, or I will find you will really do justice when a biased and He does not get any jury at all, much in contempt." Judges can be just that prejudiced judge is trying to lead them arbitrary. And that is the kind of sys astray, I am confirmed in my opinion that, less an impartial jury. He is entitled to have both a jury and an impartial jury. tem that the so-called liberals of the after all, our jury system is one which the Senate are trying to impose upon the American people who believe in liberty and I take it that is meant to be a jury which justice will not dare to surrender. is selected in the way petit juries are American people. It is hard to believe normally selected. that the Senate will accept that type A greait liberal spoke those words. Continuing to read: of thing. I wish the liberals who today are try by an impartial jury of the State and Mr. LONG of Louisiana. The Senator ing to deny to the American people the district wherein the crime shall have been raised an interesting point. Is it not right of trial by jury would go back and committed- true that, based on what is being pro read the statements of some of the greait posed, the poor accused might be dragged liberals in earlier days, such as Senator Not only does he not have a jury from before a prejudiced judge, and, as the Norris, Senator Walsh, Representative that area, but even the judge may not Senator suggested, the judge might not La Guardia, and others of that kind. be from that area. I have known of only have the defendant dragged in, but I ask Senators to read ·the statements judges from Minnesota holding court in if the lawyer tried to defend the man's of the liberals on the Supreme Court. I the State of Alabama. I seem to recall right to a jury trial, the judge might wish I had before me the dissenting that they sent a circuit court judge from put the lawyer in jail with the poor opinion of Mr. Justice Black in the some northern area to sit with the circuit defendant. Barnett case, or even his opinion in the court in New Orleans. I am not sure Mr. SPARKMAN. Yes. I have known Green case. Justice Blaick wrote the that that is correct. But they can be of cases in which that occurred. I will principal dissenting opinion in the Green shifted around. not say I was in the courtroom when it case, but it is too long to read at this Under the provision that is sought to was done. But I have read of cases in time. There are some pertinent points be forced upon us, a person is not given which both the defendant and his law in it. At the beginning of the opinion a jury. He is not given an impartial yer were found in contempt of court in he said: jury. He is not given a jury from the a single proceeding. I do not like to say The power of the judge to inflict punish area. He may not even have a judge this, because I have very high regard ment for criminal contempt by means of the from the area from which he comes. for judges and officials generally. But summary proceeding stands as an anomaly Reading further: this has occurred when the judge had in the law. which district shall have been previously a fit of anger. ascertained by law, and to be informed of the How right he was. That was in the nature and cause of the accusation- Mr. LONG of Louisiana. Has the Sen Green case. I believe Green was accused ator ever heard a lawyer say facetiously, of being a Communist. The judge was The Senator knows what happens. "If I cannot get you off, I'll go to jail speaking out and saying that he should The judge yanks him up and says, "I with you"? not have been tried for criminal con am going to find you in contempt of Mr. SPARKMAN. Yes. tempt by a judge, but was entitled to a court because you have not done what I Mr. LONG of Louisiana. Will not jury trial. have told you to do." That is all there lawyers face the prospect of not only is to it. There is nothing in writing. having a man denied justice, but of hav Think of the difference between the The Senator knows how careful we are procedure as laid down in the Consti about having presentations or indict ing to go to jail with him? tution, and what actually takes place ments expressly set forth word for word Mr. SPARKMAN. Yes. I think the when a"judge bring.s a person before him what the offense is. But not so in Senator has heard the judge in the trial for contempt of court. The Senator, I am criminal contempt cases. The amend of a case say to the defendant: "If you sure, has been in court and seen a judge ment provides: do this, or do that, I will find you in con hold somebody in contempt of court. and to be informed of the nature and tempt of court." And if the lawyer The Senator knows how summarily it cause of the accusation; to be confronted speaks up, the judge says, "I will find you is done. with the witnesses against him. in contempt of court, too." 10432 CONGRESSIONAL RECORD - SENATE May 8 I have known it to happen. That is ple whose sovereign rights these are-is a down in written form and guaranteed not strictly applicable here. These are pearl of .great price, and not to be lightly by the sovereign. cases in which the judge would sit with discarded or swapped for a bauble in the po litical bargain basement. It shocks, there Mr. JORDAN of North Carolina. out a jury. The judge merely finds the fore, to see the Senate rejecting-by any Guaranteed by the sovereign. Prior to defendant guilty of contempt of court. margin-a provision of law which would that time, was not this ·agreement The defendant is permitted to come be simply preserve against emasculation in the reached for the masses rather than the fore the judge and say something. I am sovereign, sacred, and constitutional right court itself? not sure that he is even guaranteed the to a trial by jury 1n cases growing out of the Mr. SPARKMAN. The Senator is cor right of a public trial. I will not say so-called "civil rights" measure. rect. that he is not, but it is entirely possible By the margin of one vote, that provision was defeated yesterday, in the initial test- Mr. JORDAN of North Carolina. The that the judge could call a defendant in this time on the amendment proposed by peers and the royal family did not need the chamber and hear his case, and prob Kentucky Senator THRUSTON B. MORTON. a jury, because they were judge, jury, ably ask him if he had a statement to What does that signify? What cl1d the and the whole business anyway? make. By that time, the poor defend rejection represent? Mr. ant would be frightened to death and There is no question but that an American SPARKMAN. The Senator is cor could not say anything if he wanted to. constituency alert to a perilous loss en rect. The sovereign appointed the But even if he had a statement to make, tailed has, by the millions, expressed its pro judges, so that they were under his con the judge would not listen to it. test to Congress-particularly to the Senate trol; and he controlled them. · I have always thought it strange and as the deliberative point of showdown. It Mr. JORDAN of North Carolina. ironic that when a person is found guilty has in substance instructed that, regardless King John controlled them. of any fragmentary obsession with "civil Mr. SPARKMAN. Yes. It was the of an offense calling for capital punish rights" as such, in that body, the basic ment, the judge asks the defendant to right to this principle of justice, shall not be barons who did this. Ordinarily we stand up. He then asks him if he has taken away. think of barons as being the lords of the anything to say as to why the sentence That is no narrow point, related only to manor. We think of them as being high should not be passed upon him. I have threats under the measure in contemplation, up in the order of people. They were often thought, "What in the world could or exclusive to it; for the erosion proposed representing not only themselves, but the poor fellow say?" He cannot say by those who would forbid jury trial in these their vassals who were under them in the cases could and would extend ultimately to feudal system which existed in England anything. Many who might be called all cases in common law. When a right is up for criminal contempt would not have usurped, and a bedrock principle crumbles at that time. anything to say. They could not say it, under assault, it is usurped and is crum Mr. JORDAN of North Carolina. if they did have. bled for all. They had seen the injustice which had I believe it represents the vavaging of The Constitution three times spells out existed prior to that time in the courts, the Constitution of the United States. the protective point now subjected to reck if they could be called courts. A person I say in all earnestness and seriousness less challenge Yet in the face of that, it could be called up and condemned and would be to all intents and purposes-by leg executed, or dealt with in any way the that I am surprised that many Senators islative enactment--repealed. If submitted who call themselves liberals can sit to the people as a constitutional amend king wanted to deal with him. around and pay no attention to such an ment, such an erosion would be flatly re Mr. SPARKMAN. Yes. Sometimes argument. They seem not to be con jected. Yet 46 Senators yesterday sanc we seem to think that it was the great cerned with the fact that someday they tioned such repeal without benefit of consul mass of people, the underlings, who may represent a minority cause. I have tation of the people whose Constitution it asked for these rights. Actually, it was is-and whose basic right thus would be the barons. Of course, in those days, the found myself with the minority on many obliterated. occasions. As I stated earlier, in collo They are not strengthening "civil rights" barons ruled the feudal territories under quy with the senior Senator from North that way; they are weakening them at the them. The vassals were under the Carolina, during the years that I prac foundation-the whole structure of them, in barons, as a part of the feudal state. If ticed law, I soon learned never to quarrel the total area of their application; for the the king wanted to take possession of a with the verdict of a jury. It may not minority no less than the majority, and ir particular area, or some feudal estate, he have been what I felt it should have been. respective of race, or creed, or color. went after the baron. He could arrange I have won jury verdicts when I really One thing is positive beyond dispute: This to have the baron tried not where the assault on the jury trial principle does not judge sat, but perhaps a hundred miles expected to lose them after the case was enhance the prospect of the package deal's closed. I have also lost jury verdicts enactment. Those not blind to the threat of away, in a strange territory. The judge when I fully expected to get favorable its emasculation certainly will not consent would pass any sentence he wanted to verdicts, and when I felt bad over not to a measure doubly dangerous without this pass. getting them. But I never quarrel with restrainer; a legal safeguard against bureau It was the barons who made the de the verdict of a jury because, as I have cratic caprice in its enforcement. mands on King John. I often thought stated, I submitted the case to the judg By the narrowest of margins, one vote, im of this point. England has had only one perative amendment yesterday failed. A King John. I had thought that prob ment of 12 men. In civil cases I could substantial segment of the U.S. Senate drove have waived that privilege for my client, it within an eyelash of passage. That under ably it was because of the manner in· had I wished to do so, but I always pre scores one fact, of which even the "liberals" which he administered justice. I do not f erred 12 men on a jury to a 1-man judge. must now be well aware: know. He may have been no worse than And I did. I believe it was the feeling on Without the jury right provision clearly any of the others who had gone before the part of the American people, and the included, in a form and language to give it him. However, it was during his reign fear of possible Government tyranny full protective meanings, the civil rights that the barons insisted on wresting which rested upon the early citizens of measure may well be rejected in toto. from him the Magna Carta, which guar the United States, which caused them to Mr. President, I believe the editorial anteed for all time the right of trial by insist that the Bill of Rights-which, is well stated, both for those who ad jury to every man. after all, is the basic civil rights of the vocate civil rights legislation and those Mr. JORDAN of North Carolina. Is people of the country-be written into the who are opposed to the so-called civil not the right of trial by jury the best Constitution in the first session of the rights bill. guarantee that a man has? Is that not Congress in 1789. Mr. JORDAN of North Carolina. Mr. the greatest protection that the poorest My attention has been called to an man in the United States has? editorial 1n the Nashville, Tenn., Banner President, will the Senator yield for a Mr. SPARKMAN. Yes; the poorer the of yesterday. I believe it might be well question? man, the more he is in the minority and to read it. This editorial is entitled "For Mr. SPARKMAN. I am glad to yield the more he needs the protection of the America to Remember." That is its first for a question. right of trial by jury. title. The second t1tle is "When Jury Mr. JORDAN of North Carolina. Our Mr. JORDAN of North Carolina. If Right Falls, It Topples for All." laws, to a great extent-particularly this anyone is in absolute need of the right The editorial, which I believe is well section--came from Magna Carta, did of trial by jury, it is the minority, be worth listening to, reads: they not? cause the majority can almost always Representative government, protective of Mr. SPARKMAN. The Senator is cor get into power and Impose its wishes upon 1ncl1vtdual rights, and responsible to the peo- rect. That is .the first time ~t was put the minority. 1964 CONGRESSIONAL RECORD - SENATE 10433 Mr. SPARKMAN. Yes. The one thing Mr. SPARKMAN. The Senate voted When the Senate began to consider the I never understood in connection with on Wednesday. It was agreed yester bill, it was confronted with the proposal these matters is that minorities always day-the Senator from Pennsylvania that the Senate must take the bill exactly argue about the rights they want or de heard the majority leader and minority as it came from the House; that we must mand. In this case we see the right of leader come to an agreement-that there not change a single period or comma. trial by jury actually being taken away would be no voting before next Monday. The bill was not to be changed. Now no from them. A great many people insist It was agreed today that there would be one is talking in that manner. Everyone that the majority ought to rule. I should no session tomorrow. is now talking about a suitable, satisfac think that an outstanding doctrine of the I was prepared to speak today, and I tory amendment. But the Senator from minority would be that often a majority wished to speak on the right of trial by Pennsylvania knows that even though can be the most ruthless tyrant in the jury, because I think it is a very serious there is talk about a new package, no world. matter. I agreed that there would be no package has been submitted yet. Mr. JORDAN of North Carolina. Ma live quorum calls today. I agreed that So far as I know, not many amend jorities have been such on occasion. the first quorum call after the conclusion ments have been submitted. The Sen Mr. SPARKMAN. They have. of morning business should be called off ator from Illinois [Mr. DIRKSEN], the Mr. JORDAN of North Carolina. That and not turned into a live quorum. minority leader, has submitted 11 has been true in the past. I do not know why southern Senators amendments, as I recall, to the FEPC Mr. SPARKMAN. Yes. I have never should take on the onus of the filibuster section. He and the majority leader cared for the word "filibuster." If a civil when all the arrangements were made by [Mr. MANSFIELD] have submitted the rights bill comes before the Senate, and the leadership. I may say to the Sena misnamed right-of-trial-by-jury amend the debate on it starts, it is called a tor from Pennsylvania that the majority ment. filibuster. It was quite noticeable when leader came to me and asked me how Mr. SCOTT. I thank the Senator the bill first came up. The proponents long I wished to speak, and said that the from Alabama and hopefully wish him took practically all of the first week in session would be concluded when I was early relief from his labors. explaining the bill. No one ever said through speaking. I am not speaking Mr. SPARKMAN. I have a good bit anything about a filibuster at that time. under compulsion at this time. yet to say that I should like to have Sen However, the first time a Southern Sen Mr. SCOTT. No one has suggested ators study in connection with the vital ator spoke, out came the headlines: that the Senator is doing anything other question of the right of trial by jury. "Filibuster Is Under Way." than engaging in a voluntary exercise However, it is my understanding that The great filibusterers in the Senate of his talents, and articulating his views when I complete my speaking, the Sen down through the years have been the at respectable length, which is certainly ate will take a recess until Monday liberals. They have fought against the his absolute right and privilege. morning at 10 o'clock. If the Senator ruthlessness of majorities. I quoted But if occasionally Senators have a few from Pennsylvania is in a hurry to get from what Senator Norris said. He was hours off for purely physical needs, or the out in the sunshine, I can assure him one of the great-if extended debate is opportunity every now and then to rest that we have said that we will not ask filibuster-filibusterers in the Senate. up for the next bout, is it not true that for any quorum calls. The same is true of Senator Bob La Fol our opportunity to vote is still restricted Mr. SCOTT. There are days when I lette, Sr., also. I remember when he was to an occasional amendment? Does not do not know whether the sun is shining in the Senate. He was one of the great the Senator from Alabama agree with or the rain is falling. It would be a filibusterers of all time. I could men me that the time is not yet in sight when pleasure to see the sweet light of day tion others. I believe the record . for the Senate will be able to vote on the bill from time to time. filibustering in the Senate is held by the itself? Does not the Senator from Ala Mr. SPARKMAN. If the Senator gets distinguished senior Senator from Ore bama feel that he himself and some of out over the city, he will see some of the gon [Mr. MORSE]. He certainly is a great his colleagues might find them5elves in flowers about which the Senator from liberal. However, he thought he was accord with the view of the Senator from Minnesota [Mr. HUMPHREY] was speak speaking against something that a ruth Pennsylvania that we are killing time ing. less majority was trying to impose on when we ought to continue With the rest Mr. SCOTT. I should like to be able the country. Practically all the blue of the public business? to cultivate my own garden. - ribbons-if we were to give ribbons, as Mr. SPARKMAN. I agree to this ex Mr. SPARKMAN. It would be inter we do at a horse show-would go to lib tent: It is most unfortunate that the esting to know whether the Senator's erals for setting filibustering records. other business of the Senate is being held garden is a fiower garden or a vegetable Mr. SCOTT. Mr. President, will the up. I am a member of two legislative garden. My own is a vegetable garden. Senator ·yield? committees. We have had diffi.culty in Mr. SCOTT. The Senator's garden is Mr. SPARKMAN. I yield for a ques completing hearings on important pro the Commonwealth of Pennsylvania. tion. posed legislation. I am sure the Senator That is what I would like to be cultivat Mr. SCOTT. Is the Senator trying to from Pennsylvania has had the same ex ing. make the point that he is not filibuster perience. Mr. SPARKMAN. I forgot; the Sen ing? But what are we confronted with? We ator is running this year. I hope he will Mr. SPARKMAN. I have not paid any are confronted with a situation in which have a pleasant weekend. attention to it. I do not call it a filibus 11 bills are tied together in an omnibus Mr. SCOTT. I thank the Senator ter. I am trying to call attention to bill and brought before us without the from Alabama. this subject. I have done a great deal of Mr. SPARKMAN. I will wish the Sen work and much research on the subject benefit of committee examination. I am ator from Pennsylvania good health at of the right of trial by jury down through sure the Senator from Pennsylvania will admit that as a result of the careful anal all times. I suppose, since he has now the ages. I am trying to show that it is ysis of the various sections of the bill on crossed the aisle, I should not go beyond a basic right which Senators, most of that. whom call themselves liberals, are trying the Senate fioor, almost all Senators are Mr. SCOTT. The Senator from Penn to take away from the people of the now in agreement that there ought to be sylvania appreciates any good wishes United States, even though it is guaran amendments. from across the aisle, and would be glad teed in the Constitution. I hear-I do not know anything offi to have the Senator from Alabama con Mr. SCOTT. Mr. President, will the cially about it; I am not privy to the in tinue on that subject if he wishes to en Senator yield for a further question? formation-that the top leaders among dorse the activities of the Senator from Mr. SPARKMAN. I yield. the proponents of the bill have been hold Pennsylvania. Mr. SCOTT. Would the Senator dis ing conferences on a bipartisan basis to Mr. SPARKMAN. I could continue agree with what seems to be the general reach an agreement whereby a new pack on it, because I admire, the Senator from opinion of the press and public; namely, age can be proposed. I know nothing Pennsylvania, and he knows it. He that what is going on in the Senate is about that officially; it is only talk, and knows I have admired him over the years not debate or the transaction of the usual what I read in the newspapers. I under I have served with him, first in the order of business, with bills being taken stand that there will be a new package. House, and now in the Senate. But I up every day, but a filibuster? Somet~ng has happened. have not always been able to get from 10434 CONGRESSIONAL RECORD - SENATE May 8 him a satisfactory answer to the ques seasoned judgment and reasonable dis those words appear in two different tion as to how he happens to be a Re position, and has such curiosity that he amendments to the Constitution. publican, having been born and reared in often likes to know what motivates some Mr. JORDAN of North Carolina. In the Commonwealth of Virginia. of the other Senators in casting their fact, if I spend enough time on the floor Mr. SCOTT. If the Senator from Ala votes. He finds this very helpful in the of the Senate listening to these legal de bama will further yield, the junior Sena exercise of such sagacity as he possesses bates, I may be able to pass the bar ex tor from Pennsylvania happens to be the to enable him to formulate a reasoned amination and become a lawyer, myself. only Member of the Senate who was born opinion. Mr. SPARKMAN. After all, the law in the Commonwealth of Virginia; and Mr. SPARKMAN. I assure the Sena is built on logic in the relations among the Senator can win some bets on that. tor from Pennsylvania that I did not in men. Mr. SPARKMAN. I know that is true. tend by my statement to be at all criti Mr. JORDAN of North Carolina. Of Both Senators from Virginia [Mr. BYRD cal. Surely every Senator must weigh course, I was only joking about being and Mr. ROBERTSON] were born in West the many and various issues and facts able to become a lawyer; but I do know Virginia, and in the same town, and I that come before him. But I cannot enough about the law to know that if the believe in the same block. help feeling that the last statement the right of trial by jury were taken from any Mr. SCOTT. I further assure the Sen Senator from Pennsylvania made is a citizen, he would thus be denied the ator from Alabama that I was born a fine statement. It bears out my view greatest protection and safety that any New Dealer, a New Frontiersman, or that the Senator veers far toward the man anywhere in the world possesses. something of that sort. I remained a New Deal. Mr. SPARKMAN. Yes, that would be New Dealer until about the age of 3, when Mr. SCOTT. As Alexander Pope said: a denial of the basic civil right secured I learned to dress myself. I was born Be not the first by whom the new are tried, by the Constitution of the United States. into a Democratic family. While I have Nor yet the last to lay the old aside. Mr. President, a short time ago I re never registered or voted as a Democrat, f erred to the fact that in the Barnett I was subject to Democratic influences Mr. SPARKMAN. That is pretty case the Supreme Court arrived at its until I learned to read and write. much the philosophy by which Senators decision by means of a margin of only Mr. SPARKMAN. That old gag is al should guide themselves. one vote. Actually, if we consider at one ways good for a laugh. I hope the Senator from Pennsylvania and the same time both that decision and Mr. SCOTT. I thank the Senator. has a very pleasant weekend. the decision of the circuit court which Mr. SPARKMAN. But I say to the Mr. SCOTT. I thank the Senator. certified the question to the Supreme Senator from Pennsylvania, before he Mr. SPARKMAN. Mr. President, be Court, we find that both of them, when leaves the Chamber, that I remember his fore I began the colloquy with the Sena considered together, were decided by record in the House. I always considered tor from Pennsylvania, the Senator from a margin of only one vote. him a New Dealer over there. I have of North Carolina [Mr. JORDAN] was asking Inasmuch as the Supreme Court by a ten said that until he became chairman me about Magna Carta. margin of only one vote in the Barnett of the Republican National Committee, I have here a brief quotation in which case denied that criminal contempts a.re he had an outstanding New Deal rec he may be interested. We find in Magna protected by the Constitution, it is inter ord. One can see him reverting to form Carta the basic rules in regard to due esting to refer to the situation half a quite often, even now. I think I know process of law; so I shall quote from one century ago, and to consider the reason where the urge must be. It must be of the editions or versions of Magna ing of the Court along this line at that pretty difficult, sometimes, to decide just Carta. The one I shall quote from is .time. how to vote. The Senator seems to be the issue of the year 1225. Magna Carta In 1911, the Court wrestled with this pulled between Scylla and Charybdis, was ·actually signed in 1215; but, as in problem, in the case of Gompers v. Bucks each one playing the most noteworthy the case of many other documents, Stove and Range Co., 221U.S.418. tunes to entice him in its direction. amendme.nts were made from time to Let me say that in that case, Samuel I often observe him as he votes. Some time. So we find in the issue of 1225, the Gompers was appealing the decision of times I notice he does not vote on the statement that the king promised that the lower court. He was a great labor first rollcall. Nunus Uber homo-- leader; he was really the founder of the Mr. SCOTT. Neither does the Sena Those Latin words mean "no free American Federation of Labor, although tor from Alabama. man"- of course its growth began in the 1870's Mr. SPARKMAN. I look over at him No free man shall be taken or imprisoned and 1880's, and it progressed gradually; and wonder how old HUGH is finally going or deprived of his freehold or his liberties or but Samuel Gompers remained the head to vote. free customs, or outlawed or exiled, or in of the labor movement, for many, many Mr. SCOTT. If the Senator from Ala any manner destroyed, nor shall we come years. Apparently he had appealed that bama would permit me to conclude upon him or send against him, except by a case. The Court stated: legal judgment of his peers or by the law of Mr. SPARKMAN. I think he is a the land. It is not the fact of punishment but rather wonderful gentleman. its character and purpose that often serve Mr. SCOTT. I agree with the Sen That is the guarantee that none of to distinguish between the two classes o! ator. those things will be done. cases. Mr. SPARKMAN. I am glad to have Mr. JORDAN of North Carolina. In other words, the Court was making him as a friend. Magna Carta specifies that a man's a distinction between civil contempt and Mr. SCOTT. The Senator from Ala property or his person shall be safe un criminal contempt. bama is a wonderful gentleman. I am less he is tried by law, and that any act Then the Court said: brought against him must be brought by glad he has brought out the fact that If it is for civil contempt the punishment when Senators on his side of the aisle a jury of his peers, of the locality in is remedial, and for the benefit of the com are right, I agree with them. which he lives. plainant. I am a Member of the Senate by vir Mr. SPARKMAN. Yes, and in accord tue of the approval of a substantial num ance with the law of the land-per legum By the way, the point has been made ber of members of both political parties. terrae. that a person put under civil contempt I am very glad to have the support of Mr. JORDAN of North Carolina. In can always purge himself by either doing Democrats as well as Republicans, be drawing up our basic laws, our forefa what the court said he should do or by cause my views are found to be moderate, thers took the best of Magna Carta, and promising not to do what the court said I hope reasonable, and, up to now, at added to it, to make the laws we have should not be done. least, acceptable. Therefore, I make no today, the chief of which is that in all Then, in the opinion in that case, the apologies for agreeing with either one cases there is to be the right of trial by Court said: party or the other when I think either jury. In fact, during the debate, many But if it is for criminal contempt the sen Senators have referred to the provi tence is punitive, to vindicate the authority 1s right. of the court. It is true that punishment by I sometimes wait for the second call sion, in the Bill of Rights, that "all imprisonment may be remedial, as well as of the roll, as does the Senator from Ala crimes" shall be tried by jury. punitive, and many civil contempt proceed bama, because the Senator from Penn Mr. SPARKMAN. The other provi ings have resulted not only in the imposition sylvania is a man who, he hopes, is of sion is as to "all criminal prosecutions"; of a fine, payable to the complainant, but 1964 CONGRESSIONAL RECORD - SENATE 10435 also in committing the defendant to prison. U.S. 165 at page 193-in which he recog safeguards available to the accused in a But imprisonment for civil contempt is or nized the majority holding of the Court, criminal trial should be extended to pros dered where the defendant has refused to do an affirmative act required by the provisions but stated that Congress should act to ecutions for such contempt.'' In the in of an order which, either in form or sub assure criminal contempt jury trials. It stant bill we have a proposal that is stance, was mandatory in its character. Im is obvious that Justice Frankfurter feels pregnant with injunctive powers. It can prisonment in such cases is not in:tlicted as that a defendant in criminal contempt lead to government by injunction. Gov a punishment, but is intended to be remedial should be given all the constitutional ernment by injunction is tyranny inso by coercing the defendant to do what he had safeguards available to the accused in a far as jury trial rights are concerned. refused to do. The decree in such cases is criminal cont·empt. He stated: Unless Congress extends jury trial rights that the defendant stand committed unless to all criminal contempts made possible and until he performs the affirmative act The heart of the problem is the power for required by the court's order. all practical purposes, of a single judge to by the bill we will have one of the great For example: If a defendant should refuse issue orders, to interpret them, to declare est departures in our history not only to pay alimony, or to surrender property or disobedience, and then to sentence. The from the letter of the Constitution but dered to be turned over to a receiver, or to restraining order and the preliminary injunc from the spirit of the Bill of Rights as make a conveyance required by a decree for tion invoked in labor disputes reveal the well. That in itself would not assure specific performance, he could be committed most crucial points of legal maladjustment. jury trial rights as far as they should until he complied with the order. Unless Temporary injunctive relief without notice, be assured in the bill, however, nor would · these were special elements of contumacy, or, if upon notice, relying upon dubious affidavits, serves the important function of it make it a desirable bill. There are the refusal to pay or to comply with the or many places in the bill where issues are der ls treated as being rather in resistance staying defendant's conduct regardless of the to the opposite party than in contempt of ultimate justification of such restraint. to be determined and there are not pro the court. The order for imprisonment in The preliminary proceedings, in other words, visions for adequate judicial proceedings this class of cases, therefore, is not to vin make the issue of final relief a practical nul with jury trial rights. lity. In labor cases, complicating factors dicate the authority of the law, but is reme JURY TRIALS AND TITLE VI dial and is intended to coerce the defendant enter. The injunction cannot preserve the to do the thing required by the order for so-called status quo; the situation does not Let us take title VI, for example, and the benefit of the complainant. If impris remain in equilibrium awaiting judgment see whether jury trial rights apply to oned, as aptly said in In re Nevitt (117 Fed. upon full knowledge. The suspension of this mo.st important and extremely Rep. 451), "he carries the keys of his prison activities affects only the strikers; the em broad title, designed as it is through in his own pocket." He can end the sen ployer resumes his efforts to defeat the strike, threatened :financial intimidation to tence and discharge himself at any moment and resumes them free from the interdicted bring the South to its knees. by doing what he had previously refused to interferences. Moreover, the suspension of strike activities, even temporarily, may de The essence of this title is to hold a do. club over the heads of all recipients of On the other hand, if the defendant does feat the strike for practical purposes and that which he has been commanded not to foredoom its resumption, even if the injunc Federal :financial assistance with the do, the disobedience is a thing accomplished. tion is later lifted. Choice is not between threat that all funds will be cut off or Imprisonment cannot undo or remedy what irreparable damage to one side and com will not be issued unless there is forced has been done nor afford any compensation pensable damage to the other. The law's racial integration in the operation of the for the pecuniary injury caused by the dis conundrum is which side should bear the various programs and activities. The obedience. If the sentence is limited to im risk of unavoidable, irreparable damage. Im provident denial of the injunction may be technical and elusive term used is prisonment for a definite period, the defend "discrimination." The millions of people ant is furnished no key, and he cannot irreparable to the defendant. For this situ shorten the term by promising not to repeat ation the ordinary mechanics of the provi who are involved in these programs the offense. Such imprisonment operates, sional injunction proceedings are plainly have certain rights in their rela not as a remedy coercive in its nature, but inadequate. Judicial error is too costly to tions with the Federal Government to solely as punishment for the completed act either side of a labor dispute to permit per whom they may have paid part of the of disobedience. functory determination of the crucial issues; funds that may be withheld. One of the It is true that either form of imprisonment even in the first instance it must be search basic rights and a great civil right to has also an incidental effect. For if the case ing. The necessity of finding the facts quickly from sources vague, embittered, and all citizens is the right to understand is civil and the punishment is purely reme just what the government wants, with dial, there is also a vindication of the court's partisan, colored at the start by the passion authority. On the other hand, if the pro ate intensities of a labor controversy, calls clarity and without any fear of intimi ceeding is for criminal contempt and the im at best for rare judicial qualities. It be dation. For the Federal Government to prisonment is solely punitive to vindicate comes an impossible assignment when judges say to a citizen, be he a wealthy large the authority of the law, the complainant rely solely upon the complaint and the affi contractor, or be he a poverty-stricken may also derive some incidental benefit from davits of interested or professional witnesses, recipient of social security, that he can the fact that such punishment tends to pre confrontation, and cross-examination. not "discriminate" or that he cannot vent a repetition of the disobedience. But But the treacherous difficulties presented "subject" any person to discrimination such indirect consequences wm not change by an application for an injunction are not because if he does so the powerful Fed imprisonment which is merely coercive and confined to the ascertainment of fact; the remedial, into that which is solely punitive legal doctrines that must be applied are even eral Government will take action against in character, or vice versa. more illusory and ambiguous. Even where him, is completely devoid of the consti the rules of law in a particular jurisdiction tutional guarantees embodied in the The quotation I have read is an illus can be stated, as we have tried to state them, spirit of the Bill of Rights and in the tration of the thin lines of distinction wtth a show of precision and deflni teness of jury provisions in the Constitution. that can be drawn to justify legal conclu contour, the unknowns and the variables in The word "discrimination" and the sions. The simple definition in Black's the equation-intent, motive, malice, justi fication-make its application in a given case term "or be subjected to discrimination" L-aw Dictionary that I gave at the out a discipline in clarity and detachment re as used in title VI, lines 23 and 24 of the set of my remarks that a crime is a breach quiring time and anxious thought. With bill, are about as vague in advising an of a public right and the Funk and such issues of fact and of law, demanding American citizen just what he should do Wagnall's dictionary definition that a insight into human behavior and nicety of to avoid the consequences of Federal crime is an act that subjects the doer to juristic reasoning, we now confront a single action as any proposal I have seen in legal punishment are much easier to fol judge to whom they are usually unfamiliar, Congress. low than the definition of the Supreme and we ask him to decide forthwith, allow How does this compare with the fifth, Court in its desire to stand by the doc ing him less opportunity for consideration than would be available if the question were sixth, and seventh amendments, and with trine of stare decisis. one concerning the negotiability of a new the whole spirit of the Bill of Rights? Congress can and should clarify the form of commercial paper. We ease his diffi It appears more in line with the tactics· matter. In this regard, we should take culty and his conscience by telling him that of the rulers of Nazi Germany than with note of the fact that Mr. Justice Frank his decision is only tentative. the traditional American way of dealing furter has urged this course of action. Since the charge of criminal contempt is with our citizens in keeping with the In my previous remarks, I referred to essentially an accusation of crime, all the spirit of the Bill of Rights. the artlce that he wrote in 1924 in vol constitutional safeguards available to the How does this sort of threat compare ume 37 of the Harvard Law Review along accused in a criminal trial should be ex with the words of James Wilson of Phil this line, together with Dean ·James M. tended to prosecutions for such contempt. adelphia on October 6, 1787, when he Landis. Also, I quoted from his con It is important to consider the words pleaded with his fellow citizens to ratify curring opinion in the Green case--356 quoted above that "All the constitutional the Constitution and to forget their fears 10436 CONGRESSIONAL RECORD - SENATE May 8 of an overbearing or tyrannical Federal tion into almost every phase of business rather than by law. We have always Government? I quote his own words: and individual relationship? boasted of the fact that ours was a Congress is a faithful representation of Mr. SPARKMAN. The Senator is cor government of laws, not of men. the people; and the oppression of govern rect. I believe it represents a dangerous The bill would permit agencies and ment ls effectually barred, by declaring that extension of Federal powers into areas men to make decisions. No court proce in all criminal cases the trial by jury shall not intended under the Constitution. dure is involved. There is no regulation be preserved. Mr. THURMOND. The distinguished providing that a law would prevail. No James Wilson could not say this about Senator from Alabama was speaking of standard is set. It is one of the worst title VI. The people of those days were title VI in the bill. Title VI is a vicious provisions in the bill. afraid that a government would be es title of the bill. It is one of the worst Mr. THURMOND. Therefore, an in tablished that would deal with them provisions in the bill. dividual-a man or a woman-women harshly perhaps by force and intimida Mr. SPARKMAN. It is one which the also, inasmuch as we seem to be getting tion. They were afraid of just what is late President Kennedy said he did not a great many women in Government. being proposed in title VI-a loose and believe should be included in the bill. now-would determine what discrimina undefined procedure to accomplish a defi He said that no President should have tion is. nite result and permit a government of the power to do such things, and that Mr. SPARKMAN. Yes. men and by men rather than a govern he did not believe the President should Mr. THURMOND. The individual ment by rule of law. be given that power. would determine what constitutes dis I expect that James Wilson might have Mr. THURMOND. He thought it was crimination. What he decides is dis been heckled off the platform in Phila too much power for a President to have. crimination might have an altogether delphia on that day in October 177 years Mr. SPARKMAN. The Senator is cor different interpretation placed on it by ago, if he had tried to advocate the arbi rect. the head of another agency. Is that. trary and ill-advised procedures of title Mr. THURMOND. If title VI in the correct? VI, devoid as it is of jury trial rights, bill were enacted, we would almost have Mr. SPARKMAN. Yes. That is vio and filled as it is wi11h the very thing an FEPC and almost have everything lative of the constitutional provision to which, he said, the then newly proposed else in the bill, because of its broad the effect that Congress-- Constitution guarded against; namely, range. Mr. THURMOND. The delegation of "the oppression of government.'' Mr. SPARKMAN. Even beyond that, power? Mr. THURMOND. Mr. President, will there is another title which would estab Mr. SPARKMAN. Congress shall en the Senator from Alabama yield under lish an FEPC. act the laws. It does not have the au the same conditions as before, except Mr. THURMOND. The Senator is cor thority to delegate powers. that this interjection shall come at this rect. That is in title VII, in addition. Mr. THURMOND. Is it not true that point? Mr. SPARKMAN. By itself. among the Federal programs affected by Mr. SPARKMAN. Mr. President, I Mr. THURMOND. Is it not true that the bill would be loans of all Federal ask unanimous consent that I may do so, title VI would amend every Federal agencies, the Federal Credit Adminis subject to the usual conditions. law-and there are more than 100 of tration, Federal loan banks, banks of co The PRESIDING OFFICER f the proponents of the of race, color, religion, sex, or national certain patterns, but also make decisions. bill, that those provisions need amend origin; and would they not set a prec In the last quotation I read, reference _ment. Under the vague provisions of the edent for expansion of Federal dicta- was made t.o a man being ruled by men bill, perhaps because of the violation by 1964 CONGRESSIONAL RECORD - SENATE 10437 a single individual or a single unit of Mr. THURMOND. The nonwhites in places in which certain provisions per goverzunent--perhaps even by a coun Mississippi have less unemployment than tain to some States, but not to others. ty-benefits could be cut off, and there is the nonwhites in Illinois. Mr. THURMOND. As I recall, both no telling to what extent benefits could Mr. SPARKMAN. There is a great Senators from Minnesota [Mr. Hma: be cut off. For instance, let us say that deal of difference there, as between an PHREY and Mr. McCARTHY] are strong a county chairman of a county board of FEPC State and a non-FEPC State. supporters of the so-called civil rights commissioners, with the members of the Mr. THURMOND. Let us take South bill, including the FEPC provision. The board, decided they did not like the way Carolina, my home State. The white senior Senator from Minnesota is the things were being done, or that it was unemployment rate was 3.4 percent, and floor leader for the bill. Let us consid charged they did not do things the way the nonwhite unemployment rate was 5.1 er his State. In Minnesota, white un they were told to do them, and someone percent. / employment is 5 percent; nonwhite un said, "We will penalize you. We will Mr. SPARKMAN. That is about H'2 employment is 12.8 percent. deny you all funds going to your activ percent. Mr. SPARKMAN. Two and one-half ity." Mr. THURMOND. One and one-half times as much . . What would happen to the school percent or less. Mr. THURMOND. In other words, lunch program in the county schools? Mr. SPARKMAN. Yes. unemployment in Minnesota, as the Sen The county commissioners have put Mr. THURMOND. The difference be ator from Alabama says, is about two matching funds into the program. Sup tween the unemployment of whites and and a half times as much among non pose those aid funds were taken away. nonwhites in my State is about 1 % per whites as it is among whites. The spread If that were done, the county commis cent or less, compared with 10 percent in is 7.8 percent in Minnesota. If an FEPC sioners would not be penalized. The ones Michigan, which has an FEPC law. bill is to be passed, and it would not work that would be penalized would be the Mr. SPARKMAN. Yet the claim is any better than it has worked in the hungry people, the poor people. We all made that the purpose of FEPC legisla home State of the senior Senator from know that in such a case, the burden tion is to provide the Negro a better Minnesota, I am sure he would not favor would fall upon the Negroes, more than chance for employment. Is not that cor such a bill. it would on other people. At least it rect? Let us consider Missouri. White un would fall upon the minority groups. Mr. THURMOND. That is the claim employment is 3.7 percent; nonwhite un We know, from unemployment figures, that is made. If we pass an FEPC law, employment is 8.6 percent, or more than even in FEPC States, that that is true. it is said that it will give all the non double. That ratio is almost uniform Some people believe that an FEPC law whites jobs. But everywhere that an throughout the States. would cure everything. It has been FEPC law has been tried, as in Michigan Mr. SPARKMAN. In every State but demonstrated by figures in the CoNGREs and Illinois, that has not been so. Let us one, and I cannot say which one that is. sroNAL RECORD on various occasions that consider another State which has an It is my understanding that 24 of the 25 the rate of unemployment is higher for FEPClaw. States having FEPC laws have a record the nonwhites in FEPC States than it is Mr. SPARKMAN. My recollection is that is worse than that of the States that in the Southern States. The Senator is that 25 States have FEPC laws-24 of the do not have FEPC laws. That is a tell familiar with the figures to which I have 25 have an unfavorable record as com ing record; it is quite significant. referred. He has used them himself. pared with States that do not have FEPC Mr. THURMOND. It is important Mr. THURMOND. Is it not true that laws. that the people of the Nation understand in the State of Illinois, where there is Mr. THURMOND. In California, the implications of the bill, because it has an FEPC law, the nonwhite unemploy white unemployment is 5.8 percent; non been played up as a civil rights bill. ment was 11 % percent, and in Massachu white unemployment is 10 percent. In Civil rights is a good thing. People be setts-- other words, the unemployment among lieve in civil rights. I believe in civil Mr. SPARKMAN. Can the Senator nonwhites is almost double that among rights. I am sure the able Senator from give the white unemployment figure? It whites. Alabama believes in civil rights. But the seems to me that a comparison should be Mr. SPARKMAN. Yes. finest civil rights I know of are the first made between the two. Mr. THURMOND. California has an 10 amendments to the Constitution. Mr. THURMOND. The white unem FEPClaw. Mr. SPARKMAN. I have been speak ployment rate was 3.8 percent. Mr. SPARKMAN. Yes. ing for several hours on the subject of Mr. SPARKMAN. There is the spread. Mr. THURMOND. In Connecticut, basic civil rights for the people of the Mr. THURMOND. The nonwhite was white unemployment is 4.4 percent; non United States and, I should say, for 11.5. . white, 8.9 percent. That is more than Anglo-Saxon people generally through Mr. SPARKMAN. Yes. double. , The figures for the various out the world, and also for a great many Mr. THURMOND. That is a difference f;ltates run almost consistently in that other people who believe in the right of of 8 percent. That is in Illinois. fashion. In States which have FEPC trial by jury, I am not through yet. Mr. SPARKMAN. Yes. laws, unemployment among nonwhites One of the strong objections to the bill Mr. THURMOND. An FEPC law is in and they are chiefly Negroes-is about is that it does not provide for trial by effect in Illinois. double what it is in States that do not jury. When we began to point that out, Mr. SP~KMAN. That is the signifi have FEPC laws. That is one thing that the leadership submitted an amendment cant point. the Negro people of the country ought which purports to guarantee the right of Mr. THURMOND. Let us take anoth to understand. They should know that trial by jury, but which actually amounts er State. Let us take the State of Mas FEPC laws have not helped the minority to a denial of the right of trial by jury. sachusetts, which also has an FEPC law. groups, as they have been led to believe. I have said several times this afternoon The white unemployment was 4.1, and Mr. SPARKMAN. Something else that it seems to me that if the bill is to the nonwhite, 7.8. That is more than should be said. Under the terms· of the be passed, it would be much better with 3.5 percent, or almost 4 percent. bill, States that have FEPC laws would out the Mansfield-Dirksen amendment Mr. SPARKMAN. Yes. not come under the proposed law even than it would be with that amendment. Mr. THURMOND. Michigan, white, 6 though they have not been successful There may be a glimmer of hope that the percent; nonwhite, 16.3 percent. in providing Negroes with employment. Supreme Court will eventually recognize, Mr. SPARKMAN. That is a spread Those States would be excluded from the at long last, the right of trial by jury. of more than 10 percent. Let us take a operation of the proposed law. It came close to doing so in the Barnett Southern State. Let us take Mississippi Mr. THURMOND. If the bill is to case. or South Carolina. I have not even be passed, it ought to apply to all States Mr. THURMOND. Would we not be looked at those figures. alike. There ought not to be any dis setting another precedent, similar to the Mr. THURMOND. We shall take both crimination. It would be discrimination precedent set in the 1957 Civil Rights States. Mississippi, white, 4.5 percent; to pass an FEPC law that was appli Act, if we should adopt such an amend nonwhite, 7.1 percent. That is a differ- cable to certain States, but not to others. ment as the Dirksen-Mansfield amend- ence of 2 % percent. · Mr. SPARKMAN. That is correct. ment? · Mr. SPARKMAN. Yes; as against That kind of discrimination is found Mr. SPARKMAN. Yes;- that proposal more than 10 percent for an FEPC State. throughout the bill. There are many is almost the same as the one in the Civil 10438 CONGRESSIONAL RECORD - SENATE May 8 Rights Act of 1957. As I recall, it would propriate, and such court shall have and A RETURN TO .APPEASEMENT? reduce the period of sentence from 45 shall exercise jurisdiction of proceedings in (By George Meany) stituted pursuant to this section. days to 30 days; but the maximum fine Senator Fut.BRIGHT, chairman of the Sen would remain the same--$300. The effect of that section would be ate Foreign Relations Committee, in a speech Mr. THURMOND. Five titles of the that there would be no jury trial at all, before the U.S. Senate on March 25, 1964, bill deny the right of trial by jury, name maintained that our country's foreign policy even though the punishment be 45 days is based largely on cherished myths rather ly, title I, title II, title III, title IV, and in jail or less, or the fine be $300 or than objective facts. On this assumption, he title V. In the first two titles, the less. wants the United States to start thinking punishment is specified to be the same Mr. SPARKMAN. I would not inter some unthinkable thoughts-particularly as the punishment under the 1957 Civil pret it that way. about our relations with the Soviet Union, Rights Act. Mr. THURMOND. Even though the its European satellites, Communist China, Mr. SPARKMAN. That is correct. punishment were to be 45 days or less South Vietnam, Cuba, and Panama. The Mr. THURMOND. That is, if a man in jail or a fine of $300 or less, this pro Senator made no concrete proposals for re placing any of the present Washington were found guilty of criminal contempt, vision would allow the judge entire dis policies, but inferentially indicated the new and if the punishment · were not more cretion in determining that. course he would have our Nation pursue, than 45 days or a $300 fine, he would Mr. SPARKMAN. Yes; and I would especially in its relations with the Commu not get a jury trial. interpret that, as the Senator from South nist countries. He significantly omitted con Mr. SPARKMAN. That is correct. Carolina does, as meaning that that shall sideration of the German question-the Mr. THURMOND. I should like to in be subject to the constitutional right of pivotal problem in East-West relations. quire of the able Senator whether most trial by jury, if there is criminal con In his hot pursuit of flexibility and real of the punishment that would be meted ism, Senator Fm.BRIGHT found that "the tempt. character of the cold war has • • • been out in the courts would be 45 days or less, Mr. THURMOND. But this provision profoundly altered" because of the "radical or a fine of $300 or less? would permit the judge to determine change in relations between and within the Mr. SPARKMAN. Certainly. It would that. Communist world." To him, the idea that give a judge the assurance that he was Mr. SPARKMAN. I would not inter "every Communist state is an unmitigated going to put his man in jail. pret it in that way. evil and relentless enemy of the free world" Mr. THURMOND. Would not the Mr. THURMOND. And the fourth is a myth. He insists that "we must distin judge have to determine the guilt of a and the fifth are similar. guish between communism as an ideology and the power and policy of the Soviet state." man before he even tried the case? Mr. SPARKMAN. At any rate, I To the Senator, "it is not communism as a Mr. SPARKMAN. Yes; he would have would not interpret that as denying the doctrine, or communism as it is practiced to predetermine it. right of trial by jury. Under that pro within the Soviet Union or in any other Mr. THURMOND. Would he not have vision, I think that would still be a con country, that threatens us." He recognizes to predetermine guilt before he tried the stitutional question. that the Soviet Union is "still a most for case? He would have to impose a heavy It is true that in the Barnett case the midable adversary," but believes that it has punishment in order to provide a jury Court decided that the defendant was ceased to be totally and implacably hostile trial, or a fine of $300 or less to deny a to the West. It "has shown a new willing not entitled to a trial by jury. ness to enter mutually advantageous ar jury trial? Mr. THURMOND. I thank the Sena rangements with the West." Mr. SPARKMAN. The Senator is cor tor from Alabama for yielding. I com According to F'uLBRIGHT, this profound al rect. I wish to revert to a statement the mend him for his splendid address on teration dates from the Cuban missile crisis Senator made a few minutes ago, so as this important piece of proposed legisla of October 1962 when Khrushchev became to be sure that he and I are in agreement tion. convinced that aggression and adventure concerning it. Mr. SPARKMAN. I thank the Sena involve unacceptable risks for him and his The Senator named certain titles un tor from South Carolina, and I appreci entire system. But the Senator fails to der which a person would be denied the ate his participation. prove that the Soviet rulers have given up all adventurism and plans for future ag right of trial by jury. My recollection is Mr. President, where in title VI are the gression as a result of the Caribbean con that title I is the only title that specifi protections of the individual? Where is frontation. Moscow's ratification of the cally does not provide for the right of the spirit of the fifth amendment requir limited test ban treaty is no evidence of trial by jury. It does so by adopting a ing specific charges and grand jury pro a profound and peaceful transformation. provision of the 1957 Civil Rights Act. ceedings followed by a speedy and impar The late President Kennedy warned against The other titles provide for injunctive tial jury trial under the sixth amendment such illusions when he pleaded for ratifica relief, but are silent about a jury. They carried out in title VI? Where in title tion of the limited test ban treaty: "This do not guarantee a jury trial. However, treaty is not the mUlennium. It will not VI is there an attempt to assure an in resolve all conflicts, or cause the Communists it is my contention that under the Con dividual that his property rights will not to forgo their ambitions, or eliminate the stitution the right to a jury trial would be abridged or his contracts impaired dangers of war. It will not reduce our needs exist anyway. without due process of law, as required for arms or allies or programs of assistance Mr. THURMOND. I invite the atten in the fifth amendment? to others." There is no guarantee against tion of the Senator to page 11 of the bill. Mr. President, I yield the floor. Soviet aggression in the Soviet-American The last paragraph of section 205, para agreement for cuts in the production of graph (c), reads: nuclear materials-stockpiled for years in A RETURN TO APPEASEMENT large quantities. This agreement has no · Proceedings for contempt arising under the provisions for inspection or verification of provisions of this title shall be subject to Mr. THURMOND. Mr. President, Mr. any kind. President Johnson appropriately the provisions of section 151 of the Civil Andrew J. Biemiller, director of the de emphasized that, "This is not disarmament." Rights Act of 1957 (71 Stat. 638). partment of legislation for the American It is important to note that on January The punishment for a violation of Federation of Labor and Congress of 17, 1964, Khrushchev assured Castro that, title II would be the same as it is under Industrial Organizations, has called to "Communism is being constructed not only my attention an excellent editorial within the confines of the Soviet Union; title I. we are doing everything to make communism Mr. SPARKMAN. Yes; I stand cor statement by Mr. George Meany entitled "A Return to Appeasement." This edi victorious over the entire earth." One month rected. I thought that provision was later, Khrushchev reaffirmed before the Cen applicable only to title I, but it is ap torial presents a very eloquent and logi tral Committee of the Soviet Communist plicable also to title II. Is it applicable cal assessment of the enemy which we Party that he has not ceased to be totally to any other title? face in the so-called cold war, Mr. Presi implacably hostile to the West and that: dent, and I am pleased to, therefore, com "The policy of American imperialism is that Mr. THURMOND. I invite the Sena mend this editorial to the attention of of gendarme-like repression of peoples and tor's attention to page 12, line 9, in title all Members of the Congress. of the struggle against all that is new and III of the bill: · revolutionary." In the current disarmam.ent The Attorney General ls authorized to in I ask unanimous consent that this edi talks, Moscow has been most inflexible in its stitute for or in the name of the United torial be printed in the RECORD at the opposition to all effective international in States a civil action in any appropriate dis conclusion of these remarks. spection and control. At the celebration of trict court of the United States against such The PRESIDING OFFICER. Without his 70th birthday in April, Khrushchev parties and for such relief as may be ap- objection, it is so ordered. reiterated l;lis Berlin ultimatum. 1964 CONGRESSIONAL RECORD-SENATE 10439 These are not myths but facts-the reality Red China could never be just another satel to public schools and moon flights to urban of the current world situation. Yet the Sen lite. The serious rift with Peiping, the divi renewal. ator complains that: "We are predisposed sions in world communism, the severe agri It is high time to put aside all myths and to regard any conflict as a clash between cultural crisis, and other serious economic face the realities confronting our country. conflicting interests. It has become one of d111lculties within the U.S.S.R. have forced The strongest and most aggressive m111tary the 'self-evident' truths of the postwar era Moscow to be less rigid in its relations with power in Europe is a Communist power that just as the President resides in Wash its European satellites. But it is no myth the U.S.S.R. This is no myth. The strong ington and the Pope in Rome, the devil re that Bulgaria, Czechoslovakia, East Ger est and most aggressive military power in sides immutably in Moscow." Surely Senator many, Hungary, Poland, and Rumania are Asia is a Communist power-Mao's China. Fut.BRIGHT knows that it was not the Presi still occupied by the Soviet Army. In Hun This is reality. The strongest and most ag dent of the United States who ordered the gary, the Soviet army of occupation totals gressive military force in Latin America to construction of the shameful wall which 40,000. These foreign troops are not help day ls a Communist power-that "distasteful divides Berlin. It was not the Pope's "divi ing Hungary evolve toward a free and open nuisance"-Castro's Cuba. This is far more sions" that drenched the streets of Budapest society. And in that most liberal of all than a "distasteful nuisance." The divi ·with the blood of the workers and students Soviet satellites, Poland, and the Gomulka re sions in the Communist camp will serve to who wanted nothing more than to live in gime has been stepping up its repressive strengthen the free world only if we exploit peace and freedom. Only a devil could per measures against those seeking the advance them in the cause of peace and freedom. On petrate these and other terrible crimes. And ment of freedom. Yet on the basis of the the other hand, the divisions and illusions this "devil resides immutably in Moscow." Senator's flexible approach, our Goven1ment in the Western camp, if continued, will invite In 1964, as in 1939, appeasement of dictators would support the dictatorial regimes rather new Communist aggressions. At this mo bent on world domination cannot lead to than the forces fighting for freedom. ment in history, the paramount task of the peace, regardless of the profoundest wishful There have been important changes with free world is to assure superior strength and thinking. in the Communist countries and in the rela restore its unity of policy and action. The baste differences dividing our country tions between the Communist powers. and its allies from the U.S.S.R. and Com These changes were made in order to pre munist China involve two ways of life. The serve and consolidate the corroding dictator FREEDOM OR CONFORMITY, THE overriding issue of our times ls between ships. But not a single one of these for PRESENT ISSUE IN BANKING Communist tyranny and democracy, imper eign-imposed regimes is evolving toward a fect as it may be. The Communists aim to free and open society or discontinuing sup Mr. THURMOND. Mr. President, I dominate the world and remold it on the Len port of the worldwide triumph of Commu have had occasion to read an address de inist-Soviet pattern; the Western Powers do nist tyranny. To the extent that any of livered by the Honorable James J. Saxon, not seek to dominate the world and remold it these changes have improved conditions for Comptroller of the Currency, before the on any particular pattern of democracy. the people, they have come in response to commercial bankers' forum at DePaul Though all Communist regimes agree that . popular pressure and struggle and not as a University in Chicago, Ill., on May 6, our democracy and its institutions must be result of preferred or flexible treatment of destroyed and replaced with a totalitarian the dictatorial regimes by any Western 1964. I am not fully familiar with all of dictatorship, they are not always able to country. the details of the controversies which avoid disagreements among themselves over Senator F'uLBRIGHT in his talk specifically may exist in the banking industry with personalities, leadership, or methods of proposed that our country accept the con regard to Federal regulation, but I am burying us. The extent to which a Commu tinued existence of the Castro regime as a fully familiar with the overall issue in nist state is a threat to human freedom and distasteful nuisance, but not as an intol this country of freedom versus conform peace depends on its size, resources, economic erable danger so long as the nations of the ity. I can, therefore, endorse whole and military capacities. Consequently, hemisphere are prepared to meet their ob ligations of collective defense under the Rio heartedly the emphasis which Mr. Saxon though all such states are unmitigated evils, has placed in this address on the impor they are not equally dangerous. Treaty. While emphasizing that Castro is no The totalitarian dogmas and deeds on the threat to the United States, the Senator tance of leaving to private industry, Soviet domestic front are integrally bound up recognized that Cuban communism does pose whether this be in the banking field or with and reflected in the unswerving Soviet a grave threat to other Latin American elsewhere, as much initiative as possible foreign policy for fomenting, financing, and countries. His failure to realize that any in all areas where there is not an over directing so-called wars of liberation in Latin dangerous threat to our Latin American riding need in the public interest for Fed America, Africa, and Asia and class war in the neighbors is a threat to us can only en eral regulation. free world as a whole. Thus Khrushchev's courage and strengthen the subversive Cas troite forces financed and trained by Mos Mr. Saxon's address merits the atten principal mouthpiece, Pravda, underscored on tion of the Members of the Congress. I, December 6, 1963, that: "The CPSU and the cow who are continuing their conspiracy Soviet people consider it their international designed to destroy the democratic institu therefore, ask unanimous consent that duty to give all-round political and economic tions and leaders in Latin America. It is this address be printed in the RECORD at support and, if necessary, the help of arms, significant that Castro lost no time in wel the conclusion of these remarks. too, to the national liberation struggles of coming the . Senator's notion of reality and The PRESIDING OFFICER. With the peoples." But who ls to decide what is flexibility in regard to his totalitarian regime. out objection, it is so ordered. a national liberation struggle? The Soviet Mr. F'uLBRIGHT seems to have missed the Government, of course. And who is to de most important lesson of the postwar era. F'REED<>M OR CONFORMITY: THE PRESENT cide when a people's democracy is truly dem Soviet aggression and expansion westward ISSUE IN BANKING ocratic, for the people? The Soviet Govern have been deterred by Western unity and (Remarks of James J. Saxon, Comptroller ment, of course. This is the most sacred of strength and not by the liberalization of any of the Currency, before the Commercial Kremlin dogmas. To forget this is to forget Communist regime. When Khrushchev's Bankers Forum, DePaul University, Chi reality. Russia and Mao's China become peaceful and cago, Ill., May 6, 1964) According to the Senator, "The monster democratic, like the German Federal Repub It · is a curious habit of critics to attack myth of the cold war is that the Communist lic and Japan have become, then and then individuals or institutions merely because bloc is a monolith composed of governments only should our Government help them over they disapprove of their policies. And it is which are not really governments at all but come their difficulties. The fact that Mos also a common human fa111ng to be attracted organized conspiracies." It is a terrible truth cow has joined us .in conducting scientific by formal arrangements of neat simplicity. and not a monstrous myth that all these gov projects in the snowy wastes of the Antarctic We are plentifully supplied with such observ ernments come into power through Commu ls no proof of its having become truly peace ers of the current banking scene. nist subversive conspiracy or through impo ful. One of the most notorious of these critics, sition by the Soviet armies. They are for After the Fulbright address, Secretary of who affirms it to be his public obligation to eign-imposed regimes. Moscow created the State Rusk hastened to remind the Nation speak out openly about the defects of gov myth about their monolithic unity in order that Soviet ground and nuclear forces are at ernment, apparently feels that open discus to mislead the Western World into believing the ready on the doorsteps of Western sion is a privilege closely confined to those that they have popular support. Hence, Europe and that, "in the absence of assured who share his own views. This myopia 1s when the Senator fails to distinguish between arrangements for the mutual reduction of prevalent among the zealous if not among the peoples of these countries and the regimes arms, it would be foolhardy to dismantle the the wise. vthich oppress them, he, in effect, accepts military strength of NATO." The Soviet It is never difficult to state issues so that this Communist myth as reality. Let none Government has yet to negotiate seriously they seem to call for a single obvious answer. forget the East German revolt of June 17, on such vital problems as disarmament and But one should always be deeply distrustful 1953, the turbulence in Poland, unrest in self-determination for the German people. of the easy answer-it is likely to produce Czechoslovakia, and the revolution in Hun However, even in the face of these unpleas the uneasy solution. In banking today we gary. ant realities, the Senator insists that, in a have an arch example of such superficial From the very moment that the Chinese perverse way, we have grown .rather attached thought which finds valor in conformity and Communists seized power, it was clear that to the cold war and prefer military rockets virtue in singleness of expression. 10440 CO~GRESSIONAL RECORD - SENATE May 8 We are asked to believe that the banking best Judgment as to where the public interest the question: Why do we regulate , banks industry and the public generally would be lies. It should not be surprising that in a when most other industries are free of such better off if no banking agency ever intro changing world there may be differences of controls? We do so because banks cannot duced any change of policy unless all the opinion as to what constitutes the public function properly unless they enjoy public others agreed, and if all Federal powers over interest. The tragedy to be feared is not confidence. Banks perform a vital function banking were consolidated into a single that these differences will arise, but that in the economy by providing a payments agency so that no differences could ever arise they may be submerged in the interest of medium· and ,bY channeling savings and 1n the future. The present system of dis surface harmony .and at the expense of the _credit into productive uses. Unless there is persed powers is described as a troika, pre public good. public confidence in banks, savings would not sumably so that it might have the most un It is said that the differences among the be entrusted to them, nor could the check favorable connotation, but there is no in regulatory agencies have led to the confusion mechanism operate effectively. Bank regu dication how disunity or disagreement Within of bankers. But it must be understood lation is thus designed to assure bank sol a single board or commission is to be treated. that such differences have related almost en vency and liquidity so that public confidence We could characterize the proposed con tirely to the permissive use by individual may be sustained. solidation of powers as creating a monolithic banks of the new powers granted to them. When we view these purposes of bank regu regulatory system. But such appeals to the To be sure, some of the recent rulings have lation in the context of a social system which plausible and the emotions only add to the been challenged. And it is also true that places fundamental and primary reliance confusion and uncertainty. They leave the some banks have hesitated to exercise the upon individual initiative and private enter vague impression that something is dras discretionary powers which have been dis prise, it is apparent that public control of tically wrong, and that there 1s only one puted. It is not true, however, that doubts banking should be limited to the forms solution. should be avoided at all costs. Laws are clearly essential to the. preservation of bank As with many simple solutions, the pro subject to interpretation, and old laws must solvency and liquidity. Unless it can be posal to consolidate the bank regulatory be applied to new situations. Change is not shown that public control is required for agencies is founded on a half-truth. It is always tidy. What we should look at is the that purpose, the presumption mus~ be that true that ser.ious questions may be raised substance of the differences--and there we discretion should lie with the individual concerning the wisdom of assigning any bank shall find some revealing facts. bank. regulatory powers to the central bank. The Take for example the controversy over the There is a unique reason why the scope for objectives of bank regulation and monetary authority of banks to underwrite revenue individual initiative is of particular impor policy sometimes con1Uct. Monetary policy bonds. The real opposition there is not tance in the case of. banking. Commercial is carried out through the banking system, evid,ent in the dispute over statutory powers. banks, through the savings placed With them and where the monetary authorities have It is to be found, in part, in the deep dis and the powers they have to create credit, in bank regulatory powers there is always the trust which some regulatory officials have of fluence the allocation of a major portion of risk that they Will use those powers to effec banker judgment. In part, it also reflects the Nation's productive resources. Our eco tuate monetary policy in a manner detri the fears of investment bankers concerning nomic progress, the success of our efforts to mental to the effective functioning of the the new competition they face from commer relieve poverty and unemployment--the very banking system. This risk is most apparent cial banks. Where does the public interest strength of our economy-all are heavily de in such matters as interest rate regulation lie in this dispute? How can we Justify de pendent upon the attitudes, capab111ties, and and the standards for bank lending and in priving the hard-pressed States and munic enterprise of bankers. Upon their power, vesting. If banks are needlessly hampered in ipalities of the lower borrowing costs which their w11lingness to venture, their init\a.ttve their capacity to compete, they will fail to come from enlarged competition for the rev in exploring the promise of the future, Will perform With full effectiveness the task of enue bonds they offer? rest in great degree our economic growth in allocating to their best uses the resources The same general story holds true with re the years ahead. We should not hamper which are entrusted to them. spect to the recently expanded powers of their performance in discharging these vital On the other hand, there are vital reasons banks to engage in leasing and factoring tasks. . for separating Federal powers over national transactions, to operate collective investment There is a temptation to be diverted from banks from Federal powers over State banks. funds, to accept corporate savings accounts, these most fundamental issues by the petty This division of authority is deeply rooted in and to offer certain ancillary services relat disputes among the regulatory agencies and the traditions of our dual banking system. ing to their banking operations such as in narrowly centered private groups which have To combine these Federal powers within a surance, data processing, and expanded traditional positions .to defend. We should single agency would be to strike at the foun mortgage financing and servicing. never cease asking the question whether the dations of truly independent banking sys The bank regulatory authorities have long restrictions now imposed upon banking in tems at the National and State levels. held narrow views of the range of activities itiative are necessary in order to achieve It is an accepted view among political the appropriate for banking institutions. In the some overriding public purpose. If they are orists that the dispersion of power is an es gloom which prevailed during the great de not, then under our free enterprise philoso sential safeguard to the preservation of pression of the early thirties, and with the phy they should be abandoned. individual liberty. Greater uniformity of experience of bank failures not far behind, policy may be achieved 1f all powers are cen banking came under more severe regula, tralized. But this can only be done by sacri tion. The limitation of banking activities, PROMINENT NEGRO TELLS OF ficing individual freedom of expression. however, did not limit the demand for the VIEWS If the dual banking system is preserved, dif services which banks can per.form, and a ferences of policy may indeed occur. These number of specialized institutions emerged Mr. THURMOND. Mr. President, a differences may re:fiect genuinely divergent to fill this gap. It is understandable that number of constituents have called to my views, or they may represent merely a lag of some of these specialized institutions have attention, and requested that I have adaptation to changing conditions. The ben objected to added competition from commer printed in the CONGRESSIONAL RECORD, efits of greater scope for innovation and in cial banks against which they have been protected for so many years. But what con an article in which a Negro citizen ex itiative, however, and the advantages of de presses with candor his views on the centralizing power, far outweigh any hiµ-m siderations should prevail in judging these which may come from differences of policy. disputes-the public interest or the pri pending so-called civil rights legislation, There is something deeply disturbing vate interest? the current Negro demonstrations and about the call for conformity which has Are there any general standards by which riots, and the organizations which have been the response of some to the recent we may appraise the confiicting contentions been responsible for these agitational changes in banking policy. In the concern which are now being made concerning the efforts. The article was written by Maj. present course of change in bank regulation? over policy differences, the substance of the Hughes A. Robinson, a retired Army issues has been lost from sight. Is there any fundamental test by which the divergent views may be judged? In my opin officer, who now makes his home in Fort Some have been content to ask for co ion, there does exist an underlying principle Valley, Ga. The article was originally ordination, but this is a term which has of such basic significance in our society that published in the February 6, 1964, issue different meanings to different people. To it may serve as a unifying criterion. of the Albany, Ga., Herald and has been some it suggests that proposals on which In a democratic society public regulation is there might be disagreement should be reprinted in the May 5, 1964, issue of not undertaken for its own sake. We accept the Times and Democrat of Orangeburg, avoided. To others it suggests the retention the exercise of public authority only where of the status quo wherever differences can it is clear that this ls the best means of s.c. not be reconciled. If coordination followed achieving the public good. The presumption I ask unanimous consent, Mr. Presi this course, it ls clear that the most reluc always favors individual freedom. Con dent, that this article be printed in the tant, the most fearful, and the least imagi f ormit:V to governmentally determined RECORD at the conclusion of these re native would always control the pace of change. standards is asked only where there is an marks. unmistakable showing that reliance may not The PRESIDING OFFICER. Without Ea.ch bank regulatory agency has been as properly be placed on the discretion of the signed certain discretionary powers under the individual. objection, it is so ordered. law. It is the duty and responsibility of each How can we apply these basic concepts to PROMINENT NEGRO TELLS OF VIEWS of those agencies individually to exercise the problems of bank regulation and the (EDITOR'S Non:.-The following article, these discretionary powers according to its issues of today? First, we must ask ourselves written by a Negro, appeared in the Febru- 1964 CONGRESSIONAL RECORD - SENATE 10441 ary 6 issue of the Albany (Ga.) Herald. the other racial groups for what the Negroes and yet I find myself holding positions of Maj. Hughes Alonzo Robinson, a prominent themselves failed to do. importance in the Federal Government, in Government and military figure who now The agitation about schools, hotels, motels, State government, and in private interests makes his home in Fort Valley, Ga., is a and public accoinmodations is a waste of for a !Ong period of years. All employment retired Army officer, educator, and indus time. You cannot legislate the mind and and public accommodations and individual trial executive. Feeling that his people were heart of men. Individualism must not be matters should be determined on merit being led into unproductive paths by cur permitted to be destroyed by agitators. alone. Under this philosophy every indi rent agitators, he was moved to .write the If the agitators and demagogues really vidual, regardless of race, has equal oppor article.) want to help the Negro people, let them stop tunity to advance. Without initiative and (By Maj. Hughes A. Robinson) their agitating against other racial groups without preparations, the individual. meets and get the Negroes to improve their living with keen competition. During December and January I visited habits, their sanitation, clean up their homes The courts should not permit violence or the principal metropolitan areas of the east and backyards, reduce their habitual sex delay or deceit of the law by the racial agi ern seaboard, including Boston, Providence, relations wherein excessive babies are born tators. Without law and obedience to its New Haven, Hartford, New York, Newark, in families where there is insufficient finan rule, neither the city, nor the State, nor the Wilmington, Washington, Richmond, Char cial arrangements provided for them, and Nation can long survive. The citizen's obli lotte, Charleston, Columbus, Savannah, Jack sponsor a program to expose the exploitation gation to obey the law cannot be modi sonvme, and Miami in addition to the of teachers in our elementary and secondary fied by an election or by his personal principal cities of Georgia throughout the schools. preference because the law exists to pro interior. My findings convince me more So long as there are these conditions, the tect all and not just some minor!ty than ever that demonstrations sponsored Negro agitators cannot, in good conscience, group. Ultimatums by integration leaders by the Southern Leadership Conference (Dr. agitate against any other matter whatsoever. and others have done much to destroy patri Martin King, Jr., head), the Congress of The Negro agitators ignore entirely the basic otic citizenship among the youth of the land. Racial Equality (James M. Farmer, national need of the Negro people. I find thousands The demonstrations created a surge of an director), the Student Nonviolent Coordinat of young men right here in Georgia too lazy tagonism against Negroes that is really ap ing Committee (James Foreman, executive to work; they spend their time in activities palling. Tb.ere is now much resentment and secretary, and John Lewis, chairman) are that no man with ambition would spend as bitterness among whitea in all sections of doing much more harm to the progress of much as 1 minute. Thousands of young the United States and there is much turmoil. the Negro people in the United States than women have babies by different fathers, and The cordial relationship which existed be they are doing good. They are making con bring them into the world for others to tween the races in many areas has been de ditions 100 percent more difficult to change support. Until such time as this type of stroyed by the racial elements with extreme or compromise. activity ceases, the integration leaders have views to the left. Demonstrations. are usu The Negroes have lost, due primarily to sufficient work to do within their own race ally in the form of intimidation. The com sit-in demonstrations, good will of the white without going out agitating against another petent are to be told to make room for the citizen in every section of the country. race. What the Negro needs is a different incompetent. They seek to replace the pri Many young Negroes have been encour type of leadership than those now heading vate enterprise system with a public enter aged by the racial elements who head up up such organizations as the Southern Lead prise system. This is anti-United States. the organizations to demonstrate a hostile ership Conference, the Conference of Racial As the incentive of individuals is gradu attitude toward many white people, even Equality, the Student Non-Violent Commit ally destroyed, free enterprise will be abol those of their employers. By reasons of tee, the National Urban League, and the Na ished. This is not the road to happiness, but their attitude in this regard, some 550,000 tional Association for the Advancement of to the same disasters that befell autocracies jobs have been given to others that usually Colored People. in the past centuries. Free men of inte111- are held by Negroes. This group being un The endorsement of any potential candi gence have risen before to quell the intoler qualified for other positions in any area of date for high office by any one of the above ance and tyrannies of minorities as well as employment, it finds itself among the un named groups will almost make certain his majorities. They will in time do so again. employed. Some have gone so far as to defeat in 1964, regardless of the party label. argue with employers about their rights The bloc votes of the Negro wm drive other which they know nothing about, and the racial groups on the opposite side of the THE PRAYER AMENDMENT type of privileges that do not exist. political fence, and no one will be so ignor Mr. THURMOND. Mr. President, I The sit-in demonstrations are costing the ant as to believe 90 percent of the popula have received a very interesting letter Negroes approximately $1.5 billion annually tion will lose in competition with 10 percent at the present time. It is true that sit-in of the same population. from a young lady in my native town demonstrations won a few battles and the The campaign to register Negro voters is of Edgefield, S.C., who expresses her deep privileges of eating and sleeping in places a waste of time; there should be campaigns and sincere concern about the recent denied them previously; however, privileges to register voters, period. The registering of Supreme Court decisions against prayers with no money to pay for them are worthless. Negro voters send out immediately five new and Bible reading in the schools. She During the past 100 years the Negroes have white voters to every Negro voter who has not has requested that I present to the Sen been consumers, and not producers. They previously registered. The integration lead ate a letter from her expressing this are not in position to hire one another. They ers seem to be too ignorant to understand concern, and I am most pleased to com failed to organize business as other racial how politics works. groups, and used their money for good In general, the Negro people would be 150 ply with this request. The young lady times--on pleasure and liquor. Now they percent better off if the Southern Christian is Kathy Lynch of 301 Lynch Street, place blame on white citizens for their fail Leadership Conference, the Congress of Ra Edgefield, S.C. At present, she has ne ures and for their laziness. cial Equality, the Student Non-Violent Co phritis and is having to stay at home for Many of the leading politicians are under ordinating Committee, the National Asso the rest of the school year. the erroneous impression that the profes ciation for the Advancement of Colored Peo I commend this young lady for her in sional agitators represent the majority of the ple, and the Urban League ceased all ac terest in this most important question Negroes in the United States. The contrary tivities within the United States and moved which is now being considered by the is true; they represent only about 5 percent their leadership and their headquarters to of the Negroes, and this 5 percent, for the some other countries whose racial elements House Judiciary Committee, and I con most part, are those with extreme views on also thrive on propaganda and agitation. cur wholeheartedly with the sentiments racial matters, and usually leftwingers. One thing is certain: These groups or or she has expressed. I ask unanimous Demonstrators have greatly decreased the ganizations are certainly doing the American consent that her letter of April 30, 1964, earning power of the Negroes in the United Negroes more harm than good. They are addressed. to the Members of the Senate, States, and they have provided no outlet creating a potential wall between the whites be printed in the CONGRESSIONAL RECORD for employment; they are responsible for and the blacks in all sections of the United at the conclusion of these remarks with those being out of work. States, and the 111 will resulting therefrom The integration leaders advance the view is depriving the Negroes of jobs that they a newsletter which I have prepared. for that the Negroes have been deprived of so otherwise would hold. distribution on this same subject entitled much of their liberties in the past that the It is my view that the Negroes in the "A Complete Wall or No Preference?" country now owes them a living. Yet many United States would have been 70 percent dated May 11, 1964, and an editorial by other racial groups have among them men further advanced had not any of the above the Jefferson Standard Broadcasting Co., and women who, say as recently as 25 years organizations ever existed. A continuous dated May 6, 1964, and entitled "The ago, were without money and without work flow of agitation throughout the year is bad Prayer Amendment.'' and now control large industrial concerns and makes for re'sentment and suspicion. The PRESIDING OFFICER. With employing millions of people. The N_egro Confidence between members of one race is could have, with the money spent on pleas reduced and confusion results. out objection, it is so ordered. ure alone accomplished just as much had During my entire period of existence, I APRn. 30,. 1964. he utilized his brains for advancement rather have never associa,ted myself with any group DEAR MEMBERS OF THE SENATE: I am an than spent all of his time "agitating against that a~t;ates against some other racial group, 11-year-old girl in the sixth grade. We have 10442 CONGRESSIONAL RECORD- SENATE May 8 devotions in school every morning, and I documents and ceremonies from the begin "God Bless America" and "America the hope we'll keep on having them. How do ning of this country. Beautiful." you think this country has been able to keep To follow the wall of complete separation Other actions would abolish chaplains in her freedom? It's because we've always had doctrine to its logical conclusion, all public the armed services, prayers at the opening God by our side. The first thing we do in recognition of God must fall, such as: the of Congress and the Supreme Court itself, or the morning when school starts is read the national motto, the national anthem, the any mention of the Deity in oaths or legal Bible and say a prayer; and when we go to Pledge of Allegiance, tax-exempt status for documents. the auditorium our principal reads from the religious organizations, baccaltaureate se·rv These are not wild imaginings. Active Bible, and we all stand and say the Lord's ices in schools, public observance of Christ movements are underway to get all these pro Prayer. Have you ever read the last verse mas and Thanksgiving, chaplains in Con hibitions legalized. It has therefore become of the "Star-Spangled Banner"? It goes gress, chaplains in the armed se1"vices, use of necessary to have a clarification of the Su like this: the Bible in ceremonies, etc. preme Court opinion. Any amendment Some of these recognitions of God are now should be for that purpose only, not to put "O thus be it ever when freemen shall stand being challenged in the courts by the same Between their lov'd home and war's desola the Government on one side or the other. atheists who got prayers thrown out. Other But if we do not have such a clarification, tion; recognitions have been ellminated on the Bleat with vict'ry and peace, may the and if the prohibitions now either in the basis of the Court decisions. Governor Wal courts or in the process of going there are heav'n rescued land lace pointed out recently that the Court deci carried through, the result wm be to put the Praise the pow'r that hath made and pre sions permit smut literature to go through Government squarely on the side of the non served us a nation! the mails but not recitation of the prayer religionists. And the Government must not "Then conquer we must, "God is great, God is good." give up its neutrality in either direction. When our cause it is just, According to recent Government policies, Otherwise, we may come to the day when And this be our motto: our country has been evidently far off base Lincoln's Gettysburg address cannot be read 'In God is our trust'." for so many years in giving a preference to in schools: "that this Nation, under God, may religion over no religion, to victory in war have a new birth of freedom; and that gov We'll be the citizens of tomorrow, and over appeasement and accommodation, to we'll really have to put our trust in God ernment of the people, by the people, and for patriotism and nationalism over internation the people, shall not perish from the earth." to keep this Nation free. alism, to freedom over socialism and central KATHY LYNCH. ization, and to the basic American right of trial by jury over star chamber proceedings THE COMMON MARKET CONFER A COMPLETE WALL OR No PREFERENCE? where the judge sits as prosecutor, judge, and (Weekly newsletter by Senator STROM TH'UR jury. Times do change, but fundamental ENCE AT MANHATI'AN, KANS. MOND, Democrat, of South Carolina, May and immutable principles never change in Mr. CARLSON. Mr. President, on 7, 1964) their value. April 23, a Common Market Conference Key supporters of the Supreme Court de In view of the erroneous interpretation was held at Kansas State University, cisions against prayers in schools are try placed on the first amendment by the Court and the confusion resulting therefrom, the Manhattan, Kans. This important 2- ing to label all seeking to reverse these de Am cisions as being enemies of the concept of Congress must clarify the law and propose day conference was attended by religious freedom as set out in the first to amend the Constitution to make certain bassador Christian Herter, who had been amendment to the Constitution. It is in that we guarantee for all Americans freedom selected by the President of the United deed ironical that some of the top Con of religion rather than freedom from religion. States as chief trade negotiator for the stitution stretchers in America are now pos Kennedy round meeting in Geneva. ing as defenders of freedom and the U.S. THE PRAYER AMENDMENT There were also in attendance at this Constitution. (Editorial by Jefferson Standard Broadcast meeting representatives of the Com This is the principal point being raised ing Co., Charlotte, N.C., May 6, 1964) in the House Judiciary Committee hearings mon Market countries and others inter against proposed amendments to the Con The House Judiciary Committee is holding ested in international trade. It was my stitution to overrule the court decisions hearln.gs on the proposed amendment to per privilege to participate in the program which rely on an erroneous interpretation of mit voluntary prayer and Bible reading in and to introduce Ambassador Herter. the first amendment. This is even the posi schools, and on other public property. A At the meeting, I stated that today tion of the Baptist Joint Committee on Pub number of prominent clergymen have been speaking against such an amendment. American agriculture stands at the cross lic Affairs. This committee will present roads. We must decide on which way testimony against the proposed amendments, Their reasoning is this: that the Govern giving the impression that the committee ment must be strictly neutral between the to go with respect to both domestic pro speaks for 21 million Baptists. different religious groups, and between be grams and foreign trade. Baptists and other denominations are lievers and· unbelievers. They feel that the The subject of foreign trade is par justifiably proud of the role of their church Becker amendment, by legalizing voluntary ticularly appropriate at this time because in helping to get the provisions of the first religious observances, would destroy this of its bearing on world peace and the amendment written into the Constitution. neutrality by putting the Government on the side of religion. They insist that such welfare of individuals in every part of the According, however, to the late Justice Story, world. the intent behind the framers of this great action would be a step toward an establish amendment was quite contrary to the recent ment of religion, which ls contrary to the first The decisions we reached on interna Court interpretation. It is thus the Court amendment. tional trade affect practically every home and the secularists who brought these cases Such men are sincere in this view, but we and almost every other facet of our who are the enemies of the first amendment must disagree with it. At the same time, we economy. for perverting the true and original mean concede that the Supreme Court could hard I ask unanimous consent that my ing of the amendment. ly have reached any other decision than in speech on that occasion be printed in the The distinguished constitutional law ex the cases it had last year, because those pray pert, Edward Corwin, has pointed out that ers were prescribed by the State. RECORD. the Ordinance of 1787, establishing the gov It is not the Supreme Court decision that There being no objection, the speech ernment for the Northwest Territory, was de we object to, but the trend of radical think was ordered to be printed in the RECORD, signed in part to promote religion and moral ing it began. It set a precedent that is being as follows: ity. Article 3 provided that "religion, moral used by both the religious and the non religious to justify extreme views on both SPEECH BY SENATOR FRANK CARLSON, COMMON ity, and knowledge, being necessary to good MARKET CONFERENCE, KANSAS STATE UNI government and the happiness of man sides. Some school boards, particularly in New VERSITY, MANHATTAN, KANS., APRIL 23, 1964 kind • • • shall forever be encouraged." Mr. Chairman, I appreciate very much the In his famous "Commentaries on the Con York, have even forbidden the singing of the last stanza of "America" because it is written privilege of attending and speaking at this stitution," Justice Story discusses at length Common Market Conference. the no preference doctrine under the first in the form of a prayer. amendment as opposed to the wall of com A history teacher in Los Angeles used the First, I want to commend Dr. James Mc plete separation doctrine. Under the no Court opinion as a precedent for a suit to Cain, president of Kansas State University, preference doctrine, preference ls given to take the words "under God" out of the for arranging this Conference dealing with religion over no religion, but no preference Pledge of Allegiance. Other suits have been the problems of international trade. is to be given among religions. This inter filed in Colorado to forbid Christmas and Second, I want to express my apprecia pretation was followed even as late as 1952 Easter programs in classrooms, and a ban on tion to those outstanding leaders in the in 1n the Supreme Court decision of Zorach v. Thanksgiving observances would naturally ternational trade field who have kindly con Clauson. Here the Court made the point that follow. sented to participate in this program. "We are a. religious people whose institutions To follow this trend, it would be logical to Today American agriculture stands at the presuppose a. Supreme Being." Indeed, this prohibit the singing of the last stanza of the crossroads. We must decide on which way is attested to by the public recognition ac national anthem, because it also invokes to go with respect to both domestic pro corded to the existence of God in public Divine protection. Also forbidden would be grams and foreign trade. 1964 CONGRESSIONAL RECORD- SENATE 10443 The subject of foreign trade is particularly are almost certain to encourage increa,sed On March 23, another international meet appropriate at this time, because of its bear production. ing-the United Nations Conference on ing on world peace and the welfare of in I would be less than frank if I did not state Trade and Development--began in Geneva. dividuals in every part of the world. that I do not believe we will be able to reach It is expected to continue until June 15. The decisions that we reach on interna any extensive agreements affecting competi Representatives of 122 countries are in at tional trade affect practically every home and tive agricultural products until 1966. The tendance. While all member countries of almost every other facet of our economy. reason is very simple. Germany and France the United Nations are represented, the pri Am.erican farmers and ranchers, together will be holding eleotions in 1965, and the mary interest in this meeting comes from with those who deal with them, are the farmers' votes in these two countries are the Communist bloc and the developing na most efficient producers in the world. They equally as important politically as they are tions. Unlike the GATT meeting, this one have developed a facility to put research in our own Nation. has no authority to take action on trade findings and technological improvements In several continental countries the farm matters. It can only make recommendations into practice on a sound basis. Their chief ers hold the balance of political power. It 1s to the United Nations. However, the Con problem is markets and an opportunity to for this reason that governments in those ference is important and may well influence adjust their productive enterprise to the countries are under special stress to be kind future trade policies, especially as to East everchanging market opportunities. to their farmers at the expense of foreigners. West trade, and trade between the developing Of course, the big market is right here at Under these circumstances, it is doubtful nations and those already industrialized. home, but our farmers have the know-how that anything more than a token deal will We in the Plains States, as substantial par and the resources to produce more than even be worked out for farm products in the Ken ticipants in world trade, have a vital inter this big market can absorb at profitable nedy round. est in these conferences and other interna prices. The excess is available for the ex CHRISTIAN HERTER tional trade activities. Although the Com port market. In some instances we pro It is an honor and privilege to present to mon Market and our relationship to it has duce more than enough for both markets. this great audience a personal friend of mine been well publicized in a superficial way, the Thus, we are much concerned with how to who has been selected by the President of issues involved are not too well understood. expand export outlets. the United States as chief trade negotiator Kansas State University is rendering a valu The importance of foreign trade for agri in the Kennedy round meeting in Geneva, be able public service in sponsoring this Confer cultural products can best be understood ginning May 4. ence and making available the information when we realize that we export approxi His entire life has been one of public which will be developed here. mately $6 billion worth of agricultural prod service, having s·erved with great honor and You have noted on the program that the ucts. One out of every 5 acres harvested, distinction in his own State of Massachu subject assigned to me is "Reducing Bar 60 million acres, moves abroad annually. setts as a member and speaker of the house riers to International Trade." The subject This value represents more than 15 percent of the Massachusetts Legislature. He has is a general one, but in view of the fact that of the total cash receipts from farm market served as Governor of Massachusetts and was this is a. meeting to discuss the Common ings. a Representative in Congress for several Market, I will relate what I have to say to Our exports provide a market for slightly terms. that subject as far as possible. Also, my more than one-half the production of wheat. He began his international service as an discussion will concern itself with the nego This is most important to the State of attache in the American Embassy in Berlin tiations at the coming GATT meeting in Kansas, which grows approximately one in 1916. He was Secretary to the Commis Geneva. fourth of the winter wheat of this Nation. sion To Negotiate the Peace following World Before touching on those matters, however, Although our interest in foreign trade is War I. He served as Assistant Secretary of I think it might be entirely in order to dis mainly to expand the market for our agri Commerce to President Herbert Hoover, Ex cuss what this country has done during re cultural production-farmers, like other citi ecutive Secretary to the European Relief cent years in reducing its own trade barriers zens, are also interested in the general wel Council. He was trustee of the World Peace through generalized reciprocal trade agree fare of the country and how our foreign Foundation and he has served with distinc ments. The negotiations in connection with policies affect the general economic situa tion arid honor in many other areas in the these agreements have in .turn resulted in tion. international field. During President Eisen reductions of tariffs in many other countries Important in our export trade is the bal hower's administration, he served as Secre as well. In recent years, these negotiations ance of payments. The accumulated un tary of State. have been carried out largely through the favorable balance aggregated nearly $25 bil We are fortunate to have him represent GATr organization. lion since 1950. While there has been some our Nation at the Geneva Conference. He This program began with the enactment of improvement in our balance-of-payments is not unfamiliar with the problems of agri the Reciprocal Trade Agreements Act of position, it still approached a deficit of $3 ¥2 . culture. At a recent meeting in Detroit he 1934. This act did not attempt to take billion in 1963. stated, and I quote: from Congress its constitutional power "to The severe imbalance has resulted in a "We cannot expect to move toward freer lay and collect taxes, duties, imposts, and buildup of dollar and gold reserves in for trade in industrial products if we at the excises;" rather, it delegated to the execu eign countries and strengthened the posi same time leave agriculture stagnating in a tive the duty of determining rates and the tion of our important' trading partners. morass of protectionism, or even sinking applications of the same within rules and Also, it has caused a drain in our gold hold deeper into it." limitations fixed by Congress. ings-from $22.9 billion worth in 1957 to I now give you Ambassador Christian Previous to this legislation, the procedure less than $16 billion in 1963. Herter. had been for Congress to enact detailed leg All of the Common Market countries that Mr. CARLSON. At this trade con islation fixing tariff rates on hundreds and we will be negotiating with in the Kennedy even thousands of separate articles. This round of trade agreements have gold balances ference, one of the outstanding speeches system had whatever merit attaches to age in their favor. The most acceptable meth was delivered by former Representative and precedent. Such a bill was enacted by od of solving our balance-of-payments posi Clitford Hope, of Kansas. Representa the first Congress in 1789 and by dozens tion is to expand exports. tive Hope is recognized, nationally and of Congresses up to 1930. The Smoot-Haw As a member of the Senate Finance Com internationally, as one of the truly out ley bill of that year was the last such meas mittee, I helped write the Trade Act of 1962, standing authorities on agriculture and ure. and during the discussions in the committee the value of international trade in this The change came mainly because the and in the debate on the :floor of the Senate, country and the Congress came to the con I stated it was my opinion that we would field. clusion that the economic aspects of foreign not have too much difficulty in working out I ask unanimous consent that his trade were too important to be settled in the agreements for industrial products, but there speech be printed in the RECORD. political logrolling atmosphere of a con was great danger that agriculture would be There being no objection, the speech gressional session. traded down the river. was ordered to be printed in the RECORD, Although nominally a partisan issue, ac After following the events since our Na as follows: tual tariffmaking in those days usually re tion's approval of this program, my views solved itself into local, regional, and in have not changed. REDUCING BARRIERS TO INTERNATIONAL TRADE dustrial controversies as well. Members of In the Kennedy round in Geneva, the (A speech of Clifford R. Hope, Great Plains Congress from highly protectionist States American fa.rmers wm be pitted against the Wheat, Inc., at Common Market Confer and districts eagerly sought places on the politically potent farmers of Europe, and if ence, Kansas State University, Manhattan, Ways and Means Committee of the House we are not careful, the American farmers will Kans., Apr. 24, 1964) and the Finance Committee of the Senate. lose a large part of their billion-dollar-plus There are few subjects receiving more at There were always committee members from sales in the Common Market. · tention today than international trade. On the Western States to make sure that the If the United States can't make a deal with May 4, representatives of the 50 nations com claims of wool were properly presented. the Common Market on farm imports, Am.er prising the membership of GATT will meet Sugar-producing States make sure they had in Geneva for the purpose of opening what ican produce exports are sure to suffer. This representation when sugar rates came up, is because of two reasons: The Common Mar has come to be called the Kennedy round ket is building strong protective tariff walls of trade negotiations, a conference which and States interested in textiles, copper, and around its farm output, and it ls aiming f',t some authorities predict may last until early steel-to mention only a few protection propping agricultural prtcea at levels that 1966. minded industries--usually had members on 10444 CONGRESSIONA~ RECORD .- SEN:A TE May 8 the committee to see that their products with some exceptions, materials used in the 7. Import licens~ng which discriminates as were not overlooked. construction of certain public works must be to source of supply or is not granted auto As the country expanded economically, of American origin and manufacture. matically. some of the disadvantages of this type of The Jones-Costigan Sugar Act as amended 8. Bilateral agreements if they preclude tariffmaking became apparent. As far back and extended puts sugar outside the opera free market access to countries not a party as 1916, Congress included a provision in tion of the Trade Agreements Act. Limita to such arrangements. the tariff bill of that year setting up an tions on imports of petroleum and its re The report includes a study of 18 important independent agency-the U.S. Tariff Com fined products have been put in effect on the agricultural countries. It cov~rs the non mission. As originally created, the Com ground that unlimited ilp.ports threaten tariff controls in effect in 1962 in each coun mission was intended to develop and supply naitional security. The recent agreements try and points out the proportion of agricul factual information to the President, Con with Australia, New Zealand, and Ireland tural prOduction in each country benefiting gress, and committees of Congress which fixing limits on the importation of beef and from these controls. deal with tariff matters. Subsequent leg mutton from those countries are an example The list is as follows: islation, particularly the tariff acts of 1922 of another type of trade limitation now in Percentage and 1930, increased the powers of the Com use under certain circumstances. 'United States______26 mission and gave it a.uthority within limits As already stated, the · Trade Agreements France------94 to make adjustments in rates based on its in Act itself contains limitations and excep West GermanY------·------93 vestigations and findings, and subject to ap tions which qualify its provisions. One Netherlands------79 proval and proclamation by the President. such exception is the authority to include ItalY------63 The Smoot-Hawley tarltY blll was con escape clauses in trade agreements permit Belgium______76 sidered in Congress for 18 months and was ting us to withdraw concessions upon a find Greece------·------82 the subject of bitter controversy. As is the ing by the Tariff Commission and approval Austria------91 case of all legislative tariffs, it was a com by the President that importations under Denmark------87 bination of regional and local claims and the concession have caused or threaten in jury to a domestic industry "producing like NorwaY------97 demands meshed together into legislation Portugal------100 through compromise and vote trading. Al or directly competitive products." Another Sweden------(?) together, it was not an impressive legislative exception-is the well-known peril-point pro Switzerland______94 performance, but the fault was with the vision. United Kingdom______37 method as much as the purpose. This was It should be emphasized, however, that recognized by the inclusion of provisions none of these limitations and exceptions Australia______Ganada------41 can be imposed arbitrarily. Action can be in the bill on the insistence of President New Zealand------100 Hoover strengthening the Tariff Commission · taken only after exhaustive investigations, Japan______76 and approving the principle of a flexible findings, and recommendations by the Tariff tariff based on the Commission's findings of Commission and appropriate executive agen It will be observed that according to these fact. cies, plus Presidential approval. figures the United States has the lowest The Reciprocal Trade Agreements Act of Trade barriers are frequently classified as proportion of benefited production with 1934, enacted at the urging of President tariff and nontariff. In this country they 26 percent and Portugal and New Zealand Roosevelt and his Secretary of State Cordell have · mostly been tariffs. However, as I the highest with 100 percent. Among the Hull, was a temporary measure but was ex shall point out a little later, we have used European Economic Community countries tended 11 times under both Democratic nontariff barriers in certain circumstances. listed are: France, 94 percent; West Germany, and Republican administrations. The last These have mostly been in the form of 93 percent; Netherlands, 79 percent; Belgium, extension, that of 1958, expired on June 30, quotas. 76 percent; and Italy, 63 percent. European 1962. At that time, the negotiating author Nontariff barriers are ordinarily intended Free Trade Association countries, in addition ity in the original act and its extensions had to drastically reduce imports or even elimi to Portugal, include United Kingdom, 37 per been exhausted for all practical purposes. nate them altogether. The theory of tariffs cent (does not take into account the opera Furthermore, the establishment of the Euro: is to equalize competition. They assume tion of the 'United Kingdom deficiency pay pean Economic Community, which came into there will be some trading. Nontariff bar ment system); Austria, 91 percent; Norway, existence on January l, 1958, had added a riers are usually, although not always, asso 97 percent; Denmark, 87 percent; Switzer new and powerful element to the world ciated with state trading, cartels, discrimina land, 94 percent. Japan, one of the world's economy. Other changes in the economic tion, and a closed economy. They are used greatest trading nations and our best cus structure of the world and of our own coun primarily to prevent trading or to confine it tomer for agricultural products, has 76 per try made it important to make a fresh start to certain channels. Usually, they have been cent coverage. in the exPansion of world trade. inaugurated out of what was considered While this study covers only agricultural The passage of the Trade Expansion Act necessity but have often been retained after commodities, the situation is not greatly of 1962 gave the President the needed au the need has disappeared, such as those different with industrial and other nonagri thority to resume negotiations for trade ex which were applied originally because of cultural imports. pansion on a worldwide scale. balance-of-payments problems. With im A few examples of the latter are: exces The e~tensi ve congressional hearings held proved economic conditions, we would expect sive documentary requlrements, valuation on the Trade Expansion Act indicate that its them to be reduced or eliminated. This is procedures and practices for levying duties, passage was stimulated and inspired in part one reason why we in this country have been turnover taxes, border tax adjustments, because of the success of the European Com disturbed by the action of the EEO countries dumping, sanitary and food and drug regu munity and the hope that by working with in imposing variable levies, in many ways the lations, government purchasing regulations this new and virile organization Lt would be most severe of all restrictions on the im and practices, restrictions on advertising, do possible to further reduce trade barriers on portation of certain agricultural commodi mestic price controls, and restrictions on the a worldwide scale. The hearings further ties. To us, this appears to be regression. internal sale, distribution and use of prod indicate it was the hope and expectation In September 1963, the Economic Research ucts. that the United Kingdom and at least some Service of the U.S. Department of Agricul The greatest difflculty as far as dealing with others of the European Free Trade Associa ture, in cooperation with Foreign Agricul nontariff barriers is concerned is that they tion group would become members of the tural Service, released a study entitled "Agri do not lend themselves to negotiations nearly EEC. There has naturally been disappoint cultural Protection by Nontariff Barriers." as readily as fixed tariff rates. However, it is ment over the failure, or perhaps postpone It covers various kinds of nontariff controls my understanding that the prearrangements ment, of this event, but it is realized that and includes the following: for the Geneva sessions provide that non there is still room for much meaningful and 1. Quantitative restrictions such as im tariff barriers wm be considered. That is constructive progress in the coming GATT port quotas and embargoes. good, but the problems of getting together negotlations. 2. Variable levies and gate price systems. on something like variable levies is going I think it is only proper to say at this 3. Conditional imports such as domestic to be di1ficult. point that while the operations under the mixing regulations and controls making im The fact that the EEO ministers have not Trade Agreements Act and its extensions ports conditional U:t>on production, utiliza worked out a common grain price is un have had substantial and far-reaching ef tion, price, and other factors. fortunate because it wlll b" impossible to fects in reducing trade barriers in thiS coun 4. Monopolies such as tra.cling by State negotiate on that subject until this is done. try and elsewhere, its operation and effect agencies, quasl-Governm.ent agencies, or pri Chances now seem remote that any arrange is subject to certain exceptions and limita vate institutions operating under Govern ment can be made before the conferences be tions in the act itself, and its provisions are ment authority to determine whether imports gin on May 4. modified by other legislation. are to be allowed and conditions of entry. As Dr. Krohn explained at a dinner last To be specific, the act does not repeal such 5. Discriminatory advance deposits on im night, which some of you attended, the point legislation as section 22 of the Agricultural ports. at which common grain prices are fixed is of Adjustment Act of 1933 as amended. This 6. Import discrimination and preferential the utmost importance to us and other was designed to protect domestic agricul treatment. These include discrimination wheat exporters because it wm determine tural programs from the effect of importa as to source of supply, frequently against whether prices will be so high as to induce tions of certain commodities. It does not dollar areas and are closely linked with im increased production in France, every bushel affect the Buy American Act requiring that port licensing. of which will displace a bushel which might 1964 CONGRESSIONAL RECORD - HOUSE 10445 be imported. Also, the ratio of coarse grain Maybe some have done better, but I oelieve THE JOURNAL prices to wheat prices is a matter of interest that presently we are among the lowest when and importance because if the common grain it comes to trade barriers, including tariff The Journal of the proceedings of prices are high, this ratio will well determine and nontariff. What we have done has been Thursday, May 7, 1964, was read and ap ·the nature of the expansion of grain produc carried out in such a way as to inflict a proved. tion as between wheat and feed grains. minimum of injury to any part of our econ The disagreement over a common grain omy and has been generally fair to other price finds West Germany on one side-the countries. CALL OF THE HOUSE high side-and the other five countries on The fact we have been able to bring Mr. GROSS. Mr. Speaker, I make the the other. At this stage of Common Market about these changes in our own policy should point of order that a quorum is not pres development, such action requires unani lead us to be optimistic about what can be mous consent. Perhaps after the Conference done in Geneva. If it cannot be done one ent. begins it may be easier to make a determina way, we can try others. If the negotiators at The SPEAKER. The gentleman from tion in this matter. We are one of Germany's Geneva will use half the ingenuity and Iowa· makes the point of order that a best customers for industrial products. In imagination in eliminating trade barriers quorum is not present. Evidently, a quo 1962, the last year for which I have been especially of the nontariff variety that has rum is not present. able to secure figures of our imports from been done in the past in building them up, Mr. ALBERT. Mr. Speaker, I move a that country, amounted to $1,078,833,000. much will be accomplished. This is a tremendous sum, and when the This Conference atfords the greatest oppor call of the House. time comes to talk "turkey" in the negotia tunity which the free world has had to elimi A call of the House was ordered. tions, and come it wm, our position should nate trade barriers both tariff and nontar11f. The Clerk called the roll, and the fol be strong and positive. With the GATT organization supplying the lowing Members failed to answer to their It ls apparent that the most diftlcult prob machinery and experience, the job can be nanies: - lems in the GATT negotiations are concerned done if there ts a willing spirit and a real [Roll No. 124] desire for success on the part of the partici with agriculture. The highly industrialized Abbitt Fraser Nix countries with Which we will be dealing have pants. And if reasonable success is achieved, Alger Frelinghuysen O'Brien, N.Y. national agricultural programs, with price this session may well go down in history as Andrews, Ala.. Fulton, Pa. O'Neill supports on some commodities which are one of the great achievements of the present Andrews, Fulton, Tenn. Osmers higher than world prices. These prices can age. N.Da.k. Gallagher Patten Ashley Garmatz Pepper not be maintained without restrictions of Ashmore Gary Philbin one kind or another on imports. Also, one RECESS TO MONDAY AT 10 A.M. Avery Giaimo Pill1on of the facts of life which we must ac.:cept is Baker Gibbons Pirnie that national agricultural programs usually Mr. MUSKIE. Mr. President, in ac Baring Gilbert Pool have a higher political priority than the pro cordance with the order previously en Barrett Gill Powell motion of international trade. tered, I move that the Senate stand in Bass Grabowski Pucinski But the great surge in production, both in Blatnik Grant Rains industry and agriculture in· the developed recess until Monday at 10 a.m. Boll1ng Green, Oreg. Randall The motion was agreed to; and Cat 4 Bradem as Hagan, Ga. Reid, DI. countries in recent years and including some Bray Hall Reifel of the developing countries as well, is a tre o'clock and 5 ·minutes p.m.) the Senate Brock Halpern Riehlman mendous force, more so perhaps than has took a recess, under the order previously Broomfield Harrison Rivers, S.C. been realized. These expanding economies entered, to Monday, May 11, 1964, at 10 Brown, Ohio Hays Roberts, Ala. must have markets. We hear much today Buckley Healey Rodino o'clock a.m. Burkhalter Herlong Rogers, Tex. about East-West trade in nonstrategic goods, Ca.hill Hoffman Roosevelt a subject on which there are wide differences •• •• Cameron Huddleston Roudebush of opinion. But whatever we think about it, ••• Cannon Johnson, Pa. Ryan, Mich. we must face the fact that this trade exists Casey Jonas St Germain and ls expanding. It ls simply another mus HOUSE OF REPRESENTATIVES Cell er Jones, Ala. St. Onge tration of the fact goods are going to :find Clark Jones, Mo. Scott MONDAY, MAY 11, 1964 Cohela.n Karth Selden markets. comer Kee Senner Although foreign trade as a whole ts not as The House met at 12 o'clock noon. Colmer Kelly Sheppard important an item in our economy as ts the Corbett Keogh Shriver case in some other countries, it is important. The Reverend John C. Harper, St. Cramer King, Calif. Sibal We need to expand imports to solve our bal John's Episcopal Church, Lafayette eurtis Kluczynski Sikes ance-of-trade problem. And so long as we Square, Washington, D.C., offered the Davis, Tenn. Kornegay Sia.ck need to maintain large millte.ry forces in Dawson Laird Smith, Iowa following prayer: Derounia.n Leggett Staebler other countries, we are going to have a. heavy Diggs Lesinski Stephens drain on dollars. Also, because of the re Almighty God, who hast called our Donohue Lindsay Stubblefield sponsib111ties which we have assumed toward Nation to a place of trust and responsi Dom Long, La.. Thompson, La. many of the developing countries, we should bility throughout the world, we humbly Dulsk.1 Long, Md. Udall be doing all we can to substitute trade for thank Thee for all the ways in which Dwyer McCulloch Wa.llha.user aid. It ts not only good economically but F.dmondson McDa.de Watson Thou hast blessed and guided us unto Edwards McDowell Whalley it's good from the standpoint of friendship Elliott Mathias Wickersham and morale. this day. Take from us we pray Thee any Everett May W111is More than any other U.S. industry, agri all pride and greed and injustice of Fallon Meader Wilson, Bob culture needs expanding markets. This year kind, and grant this Nation the spirit Farbstein Miller, Ca.llf. Wilson, the production of 1 acre of cropland out of of unselfish service which alone can Findley Miller, N.Y. Charles H. 5 will be exported. Agricultural exports make us great. Finnegan Morrison Winstead Fino Morse Wydler for the marketing year July 1963-June 1964 Bless our country that it may be a Fogarty Morton Wyman are expected to be about $6 billion. This is blessing to the world; grant that our Forrester Multer Zablocki over a fourth of our totaJ exports. ideals and aspirations may be in accord The SPEAKER. On this rollcall 272 There are few, 1f any, areas in this coun ance with Thy will, and help us see our try with more at stake in t~ coming nego Members have answered to their names, tiations than that composed bf Kansas and selves as others see us. Keep us from a quorum. surrounding States. Wheat exports this hypocrisy in feeling or action, from ever By unanimous consent, f~ther pro marketing year are expected to equal 75 per believing that this land and people can cent of our 1963 crop. This ts above average do without Thee in government or busi ceedings under the call were dispensed but the a.mount has been Increasing in re ness or in education, from losing sight with. cent years. During the previous 5-year pe of our great spiritual heritage or for our riod, an average of 47 percent of the wheat great need of Thee at all times and under FEDERAL PAY RAISE BILL we produced went into export. Soybeans are all conditions. in about the same position. Feed grains are Mr. OLSEN of Montana. Mr. Speak another area which needs increasing export Grant us, O God, sound government outlets. and just laws, good education and a er, I ask unanimous consent to address The time for action ts now here. Everyone clean press, simplicity and justice in our the House for 1 minute and to revise and admits that the negotiations at Geneva are relations with one another, and, above extend my remarks. going to be hard fought and diftlcult. Not all all, a spirit of service which will abolish The SPEAKER. Is there objeetion the problems will be solved. Some may have pride of place and inequality of oppor to the request of the gentleman from to await future sessions. Montana? I earlier spent some time pointing out what tunity. this country has done in reducing trade bar We pray in the name of mm who hast There was no objection. riers during the la.st SO years. I am not led us in the past and who still today is Mr. OLSEN of Montana. Mr. Speak acquainted with what others have done. our Lord and God. Amen. er, today on behalf of the Obmmlttee on