UNITED STATES OF AMERICA Q:ongrcssional1Rcrord

st PROCEEDINGS AND DEBATES OF THE 9 I CONGRESS SECOND SESSION

VOLUME 116-PART 33

DECEMBER 28, 1970, TO JANUARY 2, 1971

(PAGES 43589 TO 44876)

UNITED STATES GOVERNMENT PRINTING OFFICE, WASHINGTON, 1970 December 31, 1970 CONGRESSIONAL RECORD-SENATE 44457 about the matter. I was intending to call resolution of the Senator from Connecti­ have seen the evidence upon which he up a matter myself. Is this a conference cut. bases his action, which is not now avail­ report? Mr. LONG. Mr. President, I believe we able to him or the committee, and until Mr. LONG. Mr. president, we accepted should act on the bill now. we have also seen the degree of dispatch the amendment of the Senator from The PRESIDING OFFICER. Is there which he is able to exercise in dealing Iowa (Mr. MILLER); This amendment objection? The Chair hears none, and it with that veto and exercising his power provided that you could have a 3-year is so ordered. to override or decline to override that carryback and a5~yearcarryforward of Mr. LONG. Mr. President, I move that veto. regular tax liabilities to the extent they the Senate agree to the House amend­ Nothing else is involved in my action are not used to offset references other­ ment. on the subject. wise subject to the minimum tax. The The motion was agreed to. To make very plain that these are the House agreed to the essence of the Sen­ only reasons, I ask unanimous consent ate's amendment, but provided that tax­ to have printed at this point in the payers could have a 7-year carry for­ ORDER FOR RECESS UNTIL 12 NOON RECORD the closing statement I made ward of the regular tax liabilities rather TOMORROW yesterday in the committee hearings, than a 3-year carryback and a 5-year Mr. MANSFIELD. Mr. President, I ask stating my feelings at that point about carry forward. As I understand it, the .unanimous consent that, when the Sen­ his nomination. I also ask unanimous Senator who offered the amendment in ate completes its business today, it stand consent that I may have printed in the the Senate is willing to accept the modi­ in recess until 12 o'clock noon tomorrow. RECORD certain documentation present­ fications. The PRESIDING OFFICER (Mr. ing the other side of the issue, to help Mr. MILLER. Mr. President, inasmuch SAXBE). Without objection, it is so explain the documents to be printed in as I am the author of the amendment ordered. the RECORD by the senior Senator from which the House has amended, I believe California. I should advise the Senate that it should I exercise a great deal of restraint. I agree with the House amendment. SENATE RESOLUTION 504-CONTIN­ will not put into the RECORD the 471 com­ My amendment would have provided UING FOR 1 MONTH CERTAIN AU­ munications, bound in these two volumes, for a 3-year carryback and a 5­ THORITY FOR INVESTIGATIONS from California and elsewhere in support year carryover'of Federal income tax in BY THE COMMITTEE ON GOVERN­ of the CRLA. excess of the preferences taken into ac­ MENT OPERATIONS Mr. GRIFFIN. Mr. President, reserving my right to object, I object. count for purposes of the minimum tax. The PRESIDING OFFICER. The ques­ I understand'that the Treasury De­ The PRESIDING OFFICER. Objection tion recurs on the resolution of the Sen­ is made to the inclusion of the material partment contends that the 3-year ator from Connecticut, continuing for in the RECORD. carryback feature would pose the prob­ 1 month certain authority for investi­ Mr. GRIFFIN. Reserving the right to lems of reviewing previously filed tax gations by the Committee on Govern­ object, the junior Senator from Cali­ returns and making tax refunds. This ment Operations into the efficiency and fornia, I take it, is indicating that he is would not be true with respect to the economy of operations of all branches of going to block this nomination in this carryover feature. Government. session of the Congress. Is that the un­ Accordingly, the House has removed Mr. RIBICOFF. Mr. President, I move derstanding? the 3-year carryback feature; but in the adoption of the resolution. Mr. CRANSTON. It is not necessarily lieu of the 5-year carryover feature The PRESIDING OFFICER. The ques­ the intent of the junior Senator from has provided for a 7-year carryover. tion is on agreeing to the resolution. California. As the senior Senator from All of this means that taxpayers would The resolution was agreed to. California has stated earlier in his re­ have an 8-year period-counting the marks, discussions are underway that taxable year-for averaging out tax pref­ might lead to a solution to the problem erences and Federal income tax instead THE NOMINATION OF FRANK in time for the matter to be dealt with. of 9 years as provided by my amend­ CARLUCCI Mr. GRIFFIN. Mr. President, I shall ment. Mr. CRANSTON. Mr. President, the object for the time being. I want to have This represents a fair compromise, junior Senator from California knows the floor when there is an opportunity. and I believe the Senate should agree full well why the senior Senator from The PRESIDING OFFICER. Objec­ with the House amendment. California felt it necessary to take the tion is heard. Mr. President, let me ask the distin­ floor to discuss CRLA and the pending Mr. CRANSTON. Mr. President, rather guished chairman another question nomination of Mr. Carlucci to be the than having printed in the RECORD the about the bill. It has been suggested that head of the OEO. material that I have been denied the it is possible for dtiferent amounts of The senior Senator has exercised his right to have printed in th€< RECORD, I excise tax to be levied in the instance customary restraint-a restraint that has will read the closing statement I made where a dealer or distributor purchases marked the relations between both of us yesterday which makes very plain the both the truck and the hoist from a when we have differed. I will exercise the position I took in the committee yester­ single manufacturer and combines them same restraint. day. I will later seek, if it can be ob­ for resale, as contrasted with the situa­ In no way have I indicated any posi­ tained, unanimous consent to have tion where the truck and the hoist are tion on the nomination of Mr. Carlucci printed in the RECORD certain other doc­ purchased from two different manufac­ or whether I feel he should be approved uments in relation to the documents that turers and combined for resale. I would for the Senate office for which he has will be printed in the RECORD by the not think the bill we approved calls for been nominated. senior Senator from California. such a result. Can the chairman of the I have not indicated any plan or in­ Mr. GRIFFIN. Mr. President, if I can committee enlighten me? tention of seeking to block that nomi­ get unanimous consent that I can be Mr. LONG. Mr. President, it is the nation in the next session of the Con­ recognized for 5 minutes following this, Committee on Finance's intention that gress. I will withdraw my objection. identical excise-tax results be obtained Mr. Carlucci took the position before The PRESIDING OFFICER. Without where a dealer or distributor purchases the Labor and Public Welfare Subcom­ objection, the Senator from Michigan both a truck and a hoist from a single mittee yesterday which was considering will be recognized after the Senator from manufacturer and combines them for re­ his nomination that he could not act California. sale, and where a dealer or distributor upon the California Governor's veto of Mr. CRANSTON. Mr. President, I ask purchases a truck from one manufac­ CRLA funding until he had seen certain unanimous consent to have printed in turer and a·hoist from another manu­ documents that somehow took more the RECORD at this point my closing facturer and combines them for resale. than a week to cross the continent statement at the Carlucci confirmation That is the way we understood the bill from the Governor's ofllce to his ofllce in hearing. and that is the basis on which we ap- Washington. There being no objection, the closing proved it. . I, in the same way, feel that I cannot statement of the Senator from Califor­ The PRESIDING OFFICER.' The vote intelligently upon his nomination, nia at the Carlucci confirmation hearing question is whether this will be the pend;. .and I feel that the committee cannot act was ordered to be printed in the RECOlUl• ing business after the conclusion of the wisely upon his nomination, until we as follows: 44458 CONGRESSIONAL RECORD ...".-SENA1'E DeQember31,1970 CLOSING STATEMENT cases shows convincingly that Without elIec­ the state. and federal governments to have After extremely careful consideration, I tive access to the Judicial process the system acted 1llegally against poor' people; . it has have decided to do what I can to see that operates in numerous ways to deprive the been C.R.L.A. and the courts that have up­ any senate approval of Mr. Carlucci as the poor of rights and benefits they are entitled held law and order and. Justice In California new director of O.E.O. is withheld until such to under law. against the onslaughts of those who would time as Mr. Carlucci indicates what action The question is, are we going to do all we evade or undercut the law and the American he will take regarding Governor Reagan's can within the system to encourage peaceful concept of liberty and Justice for all. veto of the $1.8 million California Rural change. Or, as the question is put at this Mr. CRANSTON. Mr. President, I also Legal Assistance Grant. I wish to say briefly confirmation hearing, is Mr. Carlucci going to use his best efforts to further peaceful ask unanimous consent to have printed why I have decided to do so. in Governor Reagan, relying upon a patently change through law and our institutions of at this point the RECORD the material specious investigation, has attempted to dis­ justice? We need to know very soon what that I requested to have printed in the credit what everybody who has studied Mr. Carlucci's answer is. RECORD a few months ago. C.R-L.A. has declared to be the finest legal The Senate must be convinced that the There being no objection, the material services program in the United states. Al­ next director of O.E.O. is dedicated to the was ordered to be printed in the RECORD, though Mr. Carlucci has the power to over­ purposes of his agency-protecting and en­ as follows: ride that veto, he has stated this morning couraging the poor, and helping them to DECEMBER 26, 1970. that he is unwilling to tell us today, or to­ help themselves. Mr. FRANK CARLUCCI, morrow apparently, whether he will do so. Does he as director-designate have faith in Director, Whether Mr. Carlucci overrides the veto of the orderly process within his own agency­ Office 0/ Economic Opportunity. C.R.L.A. and whether he does so in time to a process which has produced an evalua­ DEAR MR. CARLUCCI: This letter follows prevent disruption of the program and a dis­ tion confirming the professional excellence our telegram of this date advising you of service to its present clients, in my opinion, of C.R.L.A. Governor Reagan's disapproval of the 1971 w1ll be a crucial indication of what kind of Untll we have answers to those crucial refunding of California Rural Legal Assist­ director of O.E.O. he would be, were he to questions in terms of his action on the ance. be confirmed by the Senate. C.R.L.A. veto-untll we see whether the The Governor's disapproval power has been If the Economic Opportunity Act means acting director will serve the aim of the exercised pursuant to section 242 of the anything, it means that the poor must be Economic Opportunity Act, I am not pre­ Equal Opportunity Act of 1964, as amended. able to speak for themselves and to guide pared to act on this most important nomi­ It is based upon the recommendation of the their own destinies Americans are proud that nation. Director of the State Office of Economic through the Office of Economic Opportunity Furthermore, if the Senate does not act Opportunity, Lewis K. Uhler and his capable the poor, whose interests were ignored for so to confirm Mr. Carlucci's nomination during staff. (Please see the attached memo to long, have been given new reason to have this congress, then. when and if that nomi­ the Governor.) f:;ith in the American system. nation is before this committee in the 92nd The evidence obtained by the California Congress, the question I will ask if by then The lawyers who have represented the poor SEOO during its extensive review of Cali­ there has been an over-ride of Governor Rea­ have exemplified the best in the poverty pro­ fornia Rural Legal Assistance indicates that gan's veto in jUdging Mr. Carlucci's suita­ this organization has misused taxpayer funds gram. Cal1fornia Rural Legal Assistance has bility to head the poverty program, w1ll be: led the way. It is the dedication of those and has failed in its mandated purpose of lawyers to the true interest of the poor that Did he make the over-ride decision in time serving true legal ciVil needs of the poor to prevent the disruption of this program, within its geographic area of operation. A has made them unpopular with Governor the destruction of current cases, the depar­ Reagan; it is that same dedication that has program which has created such fUror and ture of present employees who would be turmoil and has lost credibility not only in given them credib1l1ty With the poor. forced to go elseWhere to earn I1velihood for We have raised the hopes of the poor. What the eyes of responsible leadership but many themselves and their famllles, and the dis­ of the poor themselves cannot possibly be a happens to C.R.L.A. is far more important 1Ilusionment of those who were led to be­ than what happens to one program. If the viable means for meeting these legal needs. lieve they could find justice under law. At the same time it is our plan to initiate finest legal services program is lost to the Governor Reagan's veto is a direct chal­ poor, the message is clear-any program an alternative legal services program as de­ lenge-a dare, if you will-to the Nixon Ad­ scribed in Director Uhler's report that the the poor have faith in, any program that ministration and, perhaps, to President Nixon trUly represents their interests-is subject true needs of the poor can be served. himself. I have asked Mr. Uhler to arrange an early to the death penalty for purely political The national office under the Nixon Ad­ reasons. meeting with you and the appropriate mem­ ministration has repeatedly and in various bers of your office so that we can brief you The legal services program is generally ways, endorsed, supported and encouraged personally and can furnish our extensive file conceded to be the most important part of C.R.L.A. and the concept of legal assistance to of evidence for your inspection. the War on Poverty. If C.R-L.A. can be can­ the poor. The Nixon Administration rejected Kindest regards, celled out, or can be subjected to harassment the concept of regional1zation which would EDWIN MEESE III. and excessive delay before it is refunded, have decimated C.R.L.A. and all programs for on the basis of isolated charges Which are the poor in Cal1fornia and other states. The DECEMBER 24, 1970. deliberately raised at the eleventh hour, then Nixon Administration gave C.R-L.A. and the Hon. RONALD REAGAN the legal services program, throughout the poor people of California a resounding vote DEAR GOVERNOR: Transmitted herewith is rest of the country, is in very serious trouble. of confidence in recommending for C.R.L.A. a report complied by the State Office of Eco­ And, then, Mr. Carlucci as director of O.E.O. a $1.8 million grant, a quarter of a million nomic Opportunity regarding California would not have shown his concern for and dollars more than their FY 1970 grant. Rural Legal Assistance. In the normal course abllity to protect the interests of this coun­ Governor Reagan has, in effect, thrown this of events this organization has been evalu­ try's disadvantaged. money in President Nixon's face. Governor ated by our office pursuant to its refunding I have grave reservations about a 3D-day Reagan has, in effect, accused the President of Office of Economic Opportunity, Legal extension in terms of its being of any sub­ of conducting an Administration that is Services, Washington, D.C. stantive value. I know that 3D-day exten­ wasteful, and blind, and worse. It is the recommendation of our office sions have been used to hamper, thwart and l! the Reagan veto is sustained, the Nixon that you exercise your power to disapprove decimate legal assistance programs in Flor­ Administration will, in effect, be confirming refunding of this grantee pursuant to the ida, Mississippi and for the Navajo Indians. the criticisms that Governor Reagan has di­ authority granted you in Section 242 of the If the C.R-L.A. veto is not promptly over­ rected at the operation of O.E.O. under Pres­ Economic Opportunity Act of 1964, as ridden, many other governors will be en­ ident Nixon. amended. couraged to veto legal services programs in PreSident Nixon and Mr. Carlucci must Our recommendation is based upon the re­ their states, or to try to seriously restrict the stand up for the poor people of Cal1fornia grettable fact that the grantee has failed· work of those programs. Full legal represen­ and the nation and stand up to Governor to comply with the conditions of its grant tation of the poor wlll be SUbjected to pro­ Reagan and those who would destroy the ef­ through gross and deliberate violation of tracted threats, partiCUlarly where poor peo­ forts of O.E.O. to help those who are trying Office of Economic Opportunity guidelines ple seek judicial review of governmental de­ to help themselves under the American sys­ and has faHed in its mandated mission, to cisions which are adverse to them. The tem that is designed to help those who try to wit, provide ciVil legal services to the rural message w11l go out to the poor that the help themselves. poor. It appears that CRLA has faHed in rich man can sue the government, but the To deny due process of law to any Ameri­ this mission because it has elected to devote poor man cannot, that the peaceful redress can for any reason, let alone for reason of much of its resources to objectives clearly of grievances under law is available to the his low income status, attacks the funda­ outside the scope of serving the civil legal rich but not feasible for the poor. This mentals of our entire constitutional democ­ needs of the poor. These diversions from its would indeed be disastrous at a time when racy. major mission include but are certainly not an increasing number of people are ques­ The operative point here is not that ilmited to representation of people charged tioning whether the American governmental C.R.L.A. lawyers have brought too many with crime, use of legal process to harass system still permits peaceful change through cases to court, the point is that they have pUblic and private organizations, solicita­ law. And let me stress in C.R.L.A.'s case that won so many cases. In simple, non-legalistic tion of clients, counseling and organiZing of its 86 percent success record for litigated terms, this shows that the courts have judged students to challenge school authority-dis- DeceJnbel' 31, 1970 CONGRESSIONAL RECORD-SENATE 44459 cipline systems, the undue fixation of energy fornia Rural Legal Assistance has refused Denials are based on charges as reported by on cases with extraordinary pUblicity value, to comply with the process of this Grand the news media. atc. Jury In Investigations of the corporate activi­ Cruz Reynoso, CRLA Director, sUll1marized A view of the cases and instances which ties of the California Rural Legal Assistance CRLA's position as follows: cause this grave concern are set forward to determine if it Is prOViding adequate Because CRLA has proven that a degree of briefly; legal assistance for the poor." social and economic change is possible with­ 1. A woman welfare recipient lost her hus­ This represents only a few of the alarming In the system, that the system is available band due to a heart attack. She wished to examples of CRLA's failure to accomplish its and open to the powerless, the veto should adopt a child she has raised since he was mission, comply with its grant conditions or be promptly overridden. To delay in this de­ three days old so that she might benefit control its sometimes outrageous and irre­ cision would be to encourage opponents of from her deceased husband's social security. sponsible conduct of Its employees. While this legal services, intimidate and discourage legal A CRLA attorney said that he would help office has accelerated Its data gathering ac­ service attorneys from initiating contro­ • the woman if she would agree to be plaintiff tivities in the last few weeks and Is now In versial actions on behalf of their clients, and In a suit against the welfare department. possession of SUbstantial amounts of infor­ threaten the independence of the national The woman refused. CRLA called several mation on CRLA's activities, we believe that legal services program. times to restate the offer but refused to this represents only a small portion of the Support of CRLA was founded on recog­ handle her legal problem unless she would real CRLA picture. nition of a successfUl, balanced approach to also consent to sue the county (private coun­ The failure of CRLA has been so dramati­ Legal SerVices. CRLA serves thousands of sel has agreed to handle the adoption with­ cally brought to this administration's atten­ poor every year handling day-to-day mat­ out fee). tion that there Is no choice but to recom­ ters of problems with landlords and credi­ 2. A CRLA attorney participated in a panel mend the disapproval of CRLA's refunding. tors. During the last year CRLA attorneys discussion before an American History class To do otherwise under these circumstances handled 18,823 legal problems, 749 involv­ consisting of high school juniors. During would be tantamount to gross neglect of our ing court actions; and only 55, or 7 percent, the course of his presentation he used the duty to uphold the interest of all of the citi­ were filed on behalf of a class. Over 2,000,­ word "--" or "--". Upon being repre­ zens of California and to insure the proper 000 senior citizens, consumers, food program manded, the CRLA attorney thereafter wrote use of Office of Economic Opportunity funds. recipients, and public housing residents were on the blackboard "-- ·vietnam". This administration's deep concern for represented by CRLA attorneys in those 55 3. CRLA filed a lawsuit on behalf of 16 meeting the legitimate civil legal needs of in­ class actions. but obviously the bulk of CRLA named plaintiffs. Fifteen of the 16 attested digents has prompted us to devise an alterna­ elIorts went into the 18,768 legal problems that they had not engaged CRLA to represent tive to CRLA which holds enormous handled for indiViduals during the year. them and knew nothing of laWSUit when it promise for truly serving the rural poor. In CRLA's success record In the courts and be­ was filed. the process of the in-depth analysis of CRLA fore administrative agencies provides clear 4. A paid community employee of a CRLA we have gained !.lew Insight Into the legal evidence of the legitimacy of the legal prob­ office was arrested for possession of mari­ needs of the poor which has provided us with iems its attorney!> handle: of the 749 court juana. He was defended in this criminal the leind of background necessary to design and administrative decisions rendered dur­ action by a CRLA attorney. the best possible legal system for the poor. In ing the last year, CRLA clients were upheld 5. Two women seeking divorce were in­ the comprehension of CRLA's failure, we In 605 cases. 01' 86 percent of the time. formed by CRLA that its office would handle stand on the brink of a major breakthrough REPRISAL FOR SUCCESS same for a fee of $300 each and in one case in privately financed legal services for the The Governor's veto appears to be a re­ CRLA demanded an immediate deposit of poor which will Insure not only local respon­ prisal for successfUl suits initiated by CRLA $75 (CRLA is prohibited from charging fees siveness but the mobilization and support of curbing unlawful actions by pUblic agen­ for Legal Services) . the entire community behind the legitimate cies and establishing rights for the disad­ 6. The President of a Bar Association legal needs of the poor, vantaged. stated "I feel that as a result of their class Many of the complaints against CRLA re­ The source of Governor Reagan's initial actions in connection witIl agricultural ceived by this office Involved allegations of hostility was a laWSUit brought by CRLA In workers they have disrupted the economy of misconduct and violations of professional 1967 which successfUlly barred efforts to cut our local community and have polarized the ethics by the attorneys Involved. A copy of 200 million dollars in services under the community so that we have great problems our report and accompanying evidence will CalIfornia Medi-Care Program. The Supreme Which were never experienced prior to the be forwarded to the State Bar of California Court agreed that the State action violated advent of CRLA on the scene." for investigation and appropriate discipli­ State law and usurped the authority of the 7. CRLA filed an action against a welfare nary action. Legislature. A case filed In 1970 against a department seeking allowance for a stove We Intend to brief Federal Office of Eco­ Medi-Cal cutback resulted in the invalida­ for a welfare recipient. A local merchant nomic Opportunity officials In Washington, tion 01 a State regulation on grounds that called CRLA and offered to donate a gas range D.C. with respect to the fUll details of thil5 it was In conflict with federal law. The de­ to the welfare family. CRLA refused the offer report as soon as l'. meeting date can be ar­ cision restored over two million dollars in of a stove and Indicated that they would ranged. benefits to the medically needy. persist In a suit against the welfare de­ It is requested that our detailed file of ex­ A provision of the California Constitution partment. hibits, statements, and eVidentiary docu­ which disenfranchised thousands of Span­ 8. A deputy district attorney reports that ments be kept confidential until after this ish-speaking citizens by imposing an Eng­ a CRLA attorney defended a man charged meeting. lish literacy requirement as a condition to with contributing to the delinquency of a RespectfUlly SUbmitted. voting was stncken, the California Supreme minor. The case Involved an 18 year old boy LEWIS K. UHLER, Court ruling on a case Imtlated by CRLA who was charged with statutory rape on a 15 Director. clients. year old girl. Despite parental objection A provision of the California Constitution members of the CRLA office participated in a CRLA CALLS FOR OVERRIDE OF GOVERNOR was stricken which conditioned the con­ scheme whereby the girl was spirited to REAGAN'S VETO OF THEm 1971 GRANT struction of low-Income housing on the pas­ Mexico where they arranged for a marriage California Rural Legal Assistance urged sage of a referendUll1 frequently used to between the 15 year old female and the de­ Frank Carlucci, Director, Office of Economic block decent housing for the poor. fendant. Opportunity, to immediately override Gov­ The State-Wide use of aptitude tests which 9. A CRLA attorney counseled United ernor Ronald Reagan's veto of their 1971 had resulted In the classification of thou­ Farm Workers Organizing Committee strikers grant. Attached is a telegram sent to Mr. sands of bright Spanish-speaking children and demonstrators; in the field a CRLA em­ CarluccI. The telegram emphasizes that as mentally retarded barring their economic ployee directed the demonstrators with a CRLA Is regarded as an outstanding legal advancement through education was en­ bull horn. service program which strikes a balance joined. Subsequent legislation set minimum 10. CRLA attorneys counseled and en­ between service to Individual clients and standards to assure that the aptitude of couraged a school demonstration and several matters concerning larger segments of the Spanish-speaking children would be tested of the participants were arrested for tres­ client community related to basic problems on objective criteria. passing, defended them in criminal pro­ of poverty. A provision of the Constitution limiting ceedings claiming tha.t the criminal repre­ Governor Reagan's veto Is attributable to the passage of school bond Issue was stricken. sentation was done on their own time. retaliation for successful actions brought Litigation initiated by CRLA clients re­ 11. A district attorney has said "This against both public and private defendants sulted In the establishment of federal food agency (CRLA) has faUed miserably to dis­ and is reflective of the intent of Governor programs In seventeen California counties. charge Its obligations to the indigent rural Reagan to oppose basic social welfare pro­ A suit filed against the State on behalf of people. Has wasted hundreds of thousands grams of the Nixon Administration. The veto fifty thousand female farm \Vorkers com­ of dollars of our taxes and has caused ex­ Is predicated upon a biased, one-sided In­ pelled enforcement of the newly established pensive and Intensive time consuming in­ vestigation conducted by an ultra conserva­ minimum wage Initially resulting In the ret­ volvement of our local agencies in answering tive member Of the Reagan staff. roactive payment of hundreds of thousands Its vicious attacks." CRLA denies Governor Reagan's general of dollars In withheld wages to thousands of 12. A county Grand Jury has requested and specific charges. The Governor's Office farm workers. the State of California to veto the CRLA promised to make his report available prior These major victories combined with the grant In a resolution stating In part "Call- to action but faUed to keep his promise. thousands of small decisions for the first CXVI--280D-Part 33 44460 CONGRESSIONAL RECORD -SENATE December 31, 1970 time provided the California rural poor with in which an attorney counseled representa­ 11. Michael Smith, Staff Attorney, U.S. effective access to the courts and the leglsia­ tives of the Farm Workers Union were done CIvil Rights Commission. . . tive, the traditionai democratic channels for on attorney's vacation time and were there­ 12. Gilbert Dorame, Reginald Heber Smith redress of grievances. CRLA's successes have fore personal efforts rather than organiza­ Fellow, Assigned to the Oakland Program. demonstrated the need for such a voice, as tional. A CRLA attorney Is permitted on his 13. John Velasquez, Private Attorney, Oak­ well as the competence of the representatives own time to prOVide pUbllc service work to land,Callf. of the poor, and the legitimacy of their any organization of his own choosing, be it claIms. Had CRLA been less forceful, less the Republlcan Party or the United Crusade. OPPORTUNrry, energetic, less successfUl in seeking to pro­ Simllarly, the defense of a community October 12, 1970. vide to the poor the same access to demo­ worker by a CRLA attorney was handled on Mr. DANIEL LUCVANO, cratic processes as are available to major the attorney's time off. A motion to quash Chairman, Board 0/ Trustees, growers, corporations and public agencies, the matter filed at the preliminary hearing Beverly Hills, Calif. the veto would not have come. was granted by the court. The motion was, DEAR MR. LueVANO: The OED Team as­ GOVERNOR'S VETO In fact, typed by the attorney himself so as signed to evaluate the work of Callfornia to avoid using the services of the CRLA Beyond the reprisal motive, Governor Rea­ Rural Legal Assistance has now completed clerical staff for a non-CRLA matter. Its report to this office, and I am happy to gan's criticism of the scope of CRLA's activi­ Another criticism which highlights the ties raises principles twice rejected by Con­ report to you that Its findings were general­ superficiality of the Uhler report and the ly highly favorable. As Is true In the evalua­ gress. Congress refused to prevent legal serv­ danger of drawing conclusions from Infor­ ice programs from suing public agencies and tion of any project, however, there were mation received from only one side of a con­ several areas of concern which I wish to at­ rejected a proposal to give governors the troversy concerns the "stove incident." right to veto a program because of controver­ tempt to share with you in the following The CRLA Marysville Office sought to ob­ summary. Sial nature. tain a resolution of the problem created by The veto of CRLA by Governor Reagan can As you know, the CRLA team consisted of the fallure of numerous rural welfare de­ fourteen members-distinguished persons of only be explained in terms of his consistent partments to allow the payment of funds to opposition to progressive social welfare pro­ Widely divergent experience, background and meet the critical unmet shelter needs of wel­ Viewpoint. Despite the geographic diversity grams of the Nixon administration. At its fare recipients. The Legislature had recentJy root Is the belief shared by ultra conserva­ of the CRLA offices, It is to the credit of these establlshed this fund and had allowed for evaluators that they undertook to visit seven tives that access to the courts and to the payments from It although a family may be legislature is a privilege rather than a right. of your nine regional olfices: SaUnas, El receiving the maximum grant. The particu­ Centro. Santa Maria, McFarland, Marysville, Inherent in the criticism of CRLA is the lar county welfare department had not ex­ premise that the poor do not have the right Madera and Modesto, as well as the Sacra­ pended any of these funds during the fiscal mento office and the Central office in San to initiate action In the courts to obtain en­ year and the State Welfare Department had titlements enacted by the Legislature for Francisco. proposed to Withdraw these funds and allot In the summary of their findings, they their benefit. them to urban areas. The merchant who of­ The appointment by Governor Reagan of stated: "Whlle not perfect, CRLA is an ex­ fered the stove was told that the ca.se was emplary legal services program, providing a Lewis K. Uhler as Director of state Technical intended to deal with this broader problem. Assistance Program [state OED], an ad­ balanced approach between orthodox legal With the client's approval, the merchant was services and highly successful impact litiga­ mitted former member of the John Birch So­ asked to hold his offer open for two days ciety and active campaign manager for the tion." pending the resolution of the matter in Their comments regarding the calibre of Ultra-conservative Congressman John Rouse­ court. This he agreed to do. lot, was harbinger of his intention to muzzle CRLA attorneys were partiCUlarly gratifying. legal services programs. While CRLA intends to respond to each Whlle noting that In some Instances a few allegation the charges cannot now be an­ of the younger attorneys are occasionally STATE'S BIASED REPORT swered with precision. The State, in breach over-eager, or suffer from a. lack of experi­ The oneslded report of the Governor's staff of its agreement, falled to make the criti­ ence, the general tenor of the report com­ which recommended veto appeared to be no cisms available to CRLA staff prior to for­ mends the attorney staff for Its ablllty, com­ more than the Justification of a prior politi­ mallzatlon and veto. We depend at this point petence, and professionalism. In this regard, cal decision. The critique was Initiated with on news media reports of the charges against the evaluators took cognizance of the diffi­ a random survey to members of the bar and CRLA. The Governor's notion of Justice ap­ culties, both for the attorneys and for their the judiciary requesting responses to ques­ pears to be condemnation without a hear­ famllles, Inherent In the location of the tions Which characterized CRLA unfavorably Ing, a denial of due process. CRLA regional offices, and suggested that and encouraged an anonymous response. CONCLUSION higher salaries and an opportunity for up­ The condemnation of CRLA by an anony­ Because CRLA has proven that a degree ward moblllty should be provided for them. mous district attorney dramatizes the lack of social and economic change Is possible The evaluators reported that although of crediblllty of the anonymous question­ within the system, that the system is avall­ CRLA Is best known for its cases which at­ naire. The survey had been condemned in a able and open to the powerless, the veto tract the attention of the media and the pub­ formal resolution of the National Legal Aid should be promptly overridden. To delay in llc, and which are often controversial, the and Defender Association. this decision would be to encourage oppo­ fact Is that the preponderance of the work SUbsequent to the inqUiry, State Tech­ nents of legal services, Intimidate and dis­ done by both attorneys and community work­ nical Assistance fieldworkers conducted a pat­ courage legal services attorneys from Initiat­ ers Is Individual client-oriented service work. er ';Iy hostile investigation in each region. ing controversial actions on behalf of their They felt in this regard, however, that there The investigators encouraged local bar as­ cllents, and threaten the independence of is a failure to communicate this tact to the sociations to recommend termination of the national legal services program. publlc at large, and bar association. CRLA in their community, reportedly prom­ Cauz REYNOSO, Analyzing the comparatively few impact ising them funds for locally sponsored pro­ Director, Cali/oTnia cases brought in a given regional office, the grams as an inducement. Investigators re­ Rural Legal Assistance. evaluators found that they were begun after portedly sought tu have prominent defend­ thorough investigation to satisfy legitimate ants in lawsuits Initiated by CRLA sign dep­ client needs, and were pursued In a respon­ recating affidavits. Over all, the methods CRLA EVALUATION TEAM sible lawyer-llke manner. employed by the State Technical Assistance 1. Alan Ashman, Team Capta.ln, National Noting the youth and the lack of experi­ Program opened old wounds, magnified con­ Legal Aid and Defender Association. ence of many of the attorney staff, the troversies, polarized communities, and frus­ 2. Robert Bennett, Professor of Law, North­ evaluators commended CRLA for meeting trated CRLA's efforts to maintain construc­ western University Law School, Chicago, Ill. this need through specialization, expertise, tive dialogue with members of the bar and 3. Winslow Christian, Judge, Calif. Ap­ technical assistance from more experienced pUblic officials. peals Court, San Francisco. attorneys, a "task force" approach to prob­ SPECIFIC EXAMPLES UNFOUNDED lems common to several offices, and frequent 4. Tom Clark, Justice, U.S. Supreme Court. office and regional staff meetings to provide Considering Gile effort expended, the re­ 5. Richard Ibanez, Pres.-elect, Lawyer's everyday assistance to less experienced at­ turn was minimal. Specific examples cited by Club of Los Angeles County, Chairman of torneys. One evaluator. summed It up this the State are distortions, half truths, at the Executive Committee Mexican-American way: "Two years' practice with CRLA Is prob­ most isolated indiscretions or are readlly ex­ Legal Defense Fund. ably the equivalent of ten years' practice in plainable. Dandruff has been represented as 6. Carl Johnson, Director of Legal Serv­ a private firm." a fatal disease. The report, moreover, Is de­ Ices, Calif. Office of Economic Opportunity. The evaluators found that in the omces ficient in that it falls to include the many 7. Jay Lutz, Director of Legal Services, visited, relations with the client community endorsements of CRLA received by the State Callf. State Bar Association. are generally good. They reported that ongo­ and falls to consider the approval of CRLA 8. Henry Quevedo, Executive Director, Cab. ing communication and understanding are voiced by the client community. Inet Committee on Opportunity for the maintained through well-Integrated commu­ Contrary to the report, CRLA does not Spanish Speaking. nity workers, and often active and participat­ handle criminal cases In violation of OED 9. George Ranney, Deputy Director, Bu­ ing local advisory committees. It Is hoped guidelines. reau of Budget, State of Ill. that all offices Will soon have active advisory Isolated Instances In which criminal de­ 10. Jerome Shestack, Chairman of the ABA groups so that the priorities will be set by fendants have been represented and one case Committee on Individual Rights. the local community. It was noted, however, Dece7nber 31, 19'70 CONGRESSIONAL RECORD -SENATE 44461 that in interviews with members of the Central Office Executive Staff of California. lems of Dissent--Then and Now." During client community in several of the offices Rural Legal Assistance-Cruz Reynoso, Di­ the discussion, the attorney reportedly used there was a desire to see an increased num­ rector; Robert Gnaizeo, Deputy Director; the word "---." During a discussion on ber of Spanish-speaking staff members, ·in­ Martin Glick, Director of Litigation; Shel­ freedom of speech and the problems of dis­ eluding attorneys, in order to provide as don Greene, General Counsel; and Michael sent, the following was written on the board many persons as possible Who share common Bennett, Administrator. to demonstrate the Issue of obscenity: ethnic and linguistic identity with the client I was Impressed With. the caliber of their "_o-/VIETNAM WAR." The asterisk and community. Further evening office hours, and staff. Indeed, my informal questioning of the slash are part and parcel of what was placement of satellite offices open and more both the'administrators and their counsel written. The class teacher reports that the convenient to the Compesenos was suggested revealed an excellent grasp and understand­ attorney's comments were positive and that especially in the Modesto area. ing of their work. The administrators were the students seemed to relate to what he was The evaluators also found that in the of­ well Informed on all aspects of the central saying. fices visited, relations with the community office operations as well as the regional ones. 3. We have been completely unable to at large have improved considerably in the In this connection my experience back in identify this case. past year. They interpreted this as being due 1940-1942 as Chief of the West Coast Offices 4. This case may refer to an incident to several factors, at least one ot Which Is [Los Angeles, San Francisco, Portland and wherein an employee was arrested and the recognition by the community ot bene­ Seattle1 of the Antitrust Division, Depart­ charged with possession of marijuana. One fits which accrue to the community at large ment of Justice, served me in good stead. of our attorneys, on his own time, repre­ through the channeling of inter-strata fric­ The lines of control, allocation of work load, sented the employee. The charges were tion into judicial and legislative forms. In overview of operations, etc., were all excel­ dropped. CRLA policy, as passed by the board, addition, community leaders have come to lent. I also questioned each of the attorneys Is that CRLA attorneys may represent Indi­ know and respect some CRLA attorneys as and found them to be both able and knowl­ viduals charged with crimes if it is on their indiViduals, and this familiarity has to a edgeable in their field of work as well as own time and there Is prior approval by the great extent overcome any fear of an outsider practical In its operation. From my twelve Director. No resources of CRLA may be used. who may have an inablllty to prediet com­ years experience in the Department of Jus­ 5. We have been unable to identify this munity interaction. tice [1937-19491 I would say that these at­ case. CRLA does not accept fees. This seems In the two offices where there have been torneys compared most favorably with those like a referral to private counsel who would specific community controversies, Marysville in the Department at that time. Moreover, have charged a fee. and McFarland, the evaluators investigated my study of the case load of the offices led tl. This appears to be the private opinion. these thoroughly, talking with community to the conclusion that the administrators of an individual attorney. We and our clien.ts leaders as well as CRLA staff, and reached the and counsel enjoyed a close, cooperative most certainly disagree. Protecting the rights conclusion that in both Instances the mat­ working arrangement that resulted in a most of farm workers makes for an orderly eco­ ters had been handled promptly and judi­ efficient operation, not only producing a high nomic development. CRLA attorneys have ciously despite initial poor judgment and level and quality of work, but also a large often been cited for helping to ease racial tension, and that it seemed unlikely there quantity of work. tensions in the areas where we practice. would be a recurrence of such situations. I do have two recommendations which 7. A CRLA client, an American Indian and In the evaluation of the Sacramento office, might further improve the good job CRLA his family, were in dire need of a stove. there was a considerable difference of opin­ is doing. First, in light of the fact that CRLA While entitled to a "special grant" from the ion over the role of CRLA as a legislative employed over twenty law students in their Welfare Department, that department re­ advocate. Although there was an over-all regional offices during the summer and felt fused the request. According to the former jUdgment that an effort by legal services in that the stUdents contributed SUbstantially Chief Deputy Director of the State Welfare the legislative arena was very important, to the quality and quantity of the work pro­ Department: "Sutter County has gained the there was some concern concerning the scope duced, I recommend that contacts be made reputation of being the most regressive, most of the legislative advocate's activities. Spe­ with law schools toward the end of Institut­ restrictive county, the one with the least cifically, the question arose whether the ing programs throughout the school year to human compassion of all the counties in CRLA staff should provide information and utilize law students in such activities as California." The offer of a free used stove technical assistance to legislators, support brief writing and research. The law schools was not refused by the welfare family. It bills on behalf of clients, or go further 8.nd should be urged to Initiate pilot programs merely requested that the offer be leept open support legislation on behalf of other related wherein laW students are released from class­ for approximately two days until the case constituencies as well. Despite this question­ room study for six months or more in order was heard. The person making the offer ing, however, the evaluators regarded the to serve internships in CRLA's regional readily agreed. Sacramento staff as both capable and respon­ offices. Such programs should be designed, 8. This charge is made by a Deputy Dis­ sible, and supported the legislative effort. of course, so participating students receive trict Attorney in an affidavit attached to the One other area which received special at­ academic credit for this clinical work. press release by the Governor's staff. See Ex­ tention was the matter of CRLA's use of the My second recommendation is that con­ hibit I explaining this matter. The charge is pUblic media, and on this issue the evalu­ tacts be made with prominent California totally false. ators disagreed, some of them being critical law firms (e.g., John Sutro of Pillsbury, 9. This matter (not a case) may refer to of any commentary in the press, and others Madison & Sutro) to set up programs where­ Imperial County where on December 11, 1970. calling It an acceptable tool of the advocate by the firms assign attorneys with some ex­ a rally was called by UFWOC supporters to and an effective tool In the adversary perience to serve for a year in CRLA regional protest the jaillllg of Cesar Chavez. One of process. offices. This would benefit CRLA by tying our attorneys attended (taking vacation time The team reported favorably on the co­ the organization closer to established prac­ to do so). The CRLA El Centro office has an ordination of the program through the cen­ titioners and by making more experienced affidaVit from the Deputy District Attorney tral office, and the balance maintained be­ lawyers available to their younger staff at­ stating that the CRLA attorney helped to tween regional autonomy and centralized torneys and client community. It would also police the crowd and urged the persons pres­ technical assistance and policy implementa­ benefit the law firms in that such one year ent (mostly students) to act peaceably. tion through intra-office projects and evalna­ positions would be an attractive device for 10. This may refer to the serle. of events tions. recruiting their own staffs. The overall re­ in Modesto. See Exhibit II. Justice Clark's evaluation of the program sult would be greater exposure by the bar to 11. The District Attorney mentioned ap­ was conducted, due to his time problems, legal services and, I believe, wider acceptance pears to be the outgoing DA from Monterey after the transcribed report. Because of this, of such programs. County, who has been very hostile to CRLA. I am taking the liberty of attaching his re­ Very sincerely yours, The incoming District Attorney, WilHam port as part of the letter and will send copies TOM C. CLARK. Curtis, has met with the CRLA staff and of his report to the other members of the there is a pledge of mutual cooperation. team. RESPONSE BY CRUZ REYNOSO, DIRECTOR, CALr­ CRLA attorneys anticipate good relations FORNIA RURAL LEGAL ASSISTANCE, TO THE with Mr. Curtis' office. In conclusion, they indicated that because SPECIFIC "INSTANCES" CrrED BY GOVERNOR of CRLA's proven capacity to plan, Initiate REAGAN'S STAFF FOR THE VETO OF C.R.L.A. 12. The Federal Court In Sacranlento Is­ and constructively advance client interests, sued an order against the Grand Jury rul­ it was their recommendation that the project Herein follows a few sentence response ing that it had no authority to Investigate be refunded. (with some attachments respecting cases we CRLA. see Exhibit III. Sincerely, have been able to identify) which represent FRANK N. JONES, our best Information as of this date. 8. A Deputy District Attorney reports that Deputy Associate Director, OED Legal 1. We are not sure Whether or not we have a CRLA attorney defended a man charged Services. Identified this case. One office reports a case with contributing to the delinquency of a of a couple who wished to adopt a child minor. The case involved an 18-year old boy SUPREME COURT OF THE UNITED raised by them. The couple earned $758 per who was charged with statutory rape on a STATES, month and was thus ineligible for CRLA serv­ 15-year old girl. Despite parental objections, Washington, D.C., september 3, 1970. Ices. This mayor may not be the case re­ TIM HOFFMAN, ferred to by the Governor's staff. members of the CRLA office participated Office 0/ Economic Opportunity, 2. One CRLA attorney from our Modesto in a scheme whereby the girl was spirited San Francisco, Calif. office participated In a panel inan American to MeXico where they arranged for a mar­ DEAR TIM: On Saturday, August 22, 1970, history class. The topic of discussion was riage between the 15-year old female and I met for apprOXimately 2~ hours with the "The American Revolution and the Prob- the defendant. 44462 CONGRESSIONAL RECORD -~·SENATE December 31,'1970 DECLARATION noon-day meals. NotWithstanding this offer The attorneys attended .numerous meet­ I, Martin Click, being duly sworn, hereby by OEO to underwrite the lunch program, Ings With the parents and, at a meeting held depose and say: the school board refused to reverse Its deci­ on ·August 25, 1969, the board reached its I am the Director of Litigation for Call­ sion, thereby demonstrating to the poor peo­ final decision. The board decided to restrict fornia Rural Legal Assistance. ple of Modesto that the board's pOSition was the free lunch program to no more than 400 Upon receipt, this afternoon of materials politically rather than fiscally motivated. children per day. Since there were about 3,000 handed out by Lewis Uhler to the press in The school lunch issue became a major AFDC children In the schools and many Sacramento, and upon discovery that the political issue In Modesto In the subsequent others equally needy but not on welfare, the above allegation was attributed to Donald months. The CRLA attorneys participated In parents were extremely dissatisfied with this Haynes, former Directing Attorney of our meetings of the proponents of the lunch pro­ decision. Santa I\1aria offIce and now in private prac­ gram, primarily providing technical advice One member of the board, an attorney, tice in Santa Barbara County, I telephoned and asslsta::J.ce. told them, "If you don't llke What we're Mr. Haynes. In fact, Mr. Haynes had no Such technical assistance was also pro­ doing, go ahead and sue us." knowledge of the case until the boy and vided by the director of the Stanislaus Coun­ In the first week of September, the at­ girl. already 7Ila1'1'ied in Mexico and returned ty Welfare Department, and by the director torneys filed the complaint In the action of to Santa Maria, came Into our office for of the Community Action Commission. At no Shaw, et al. v. Modesto School Board, et a!., help. A warrant was out for the arrest of time did any CRLA attorney advise any per­ Civil No. S-1336, in the U.S. District Court both of them. Don Haynes told Ulem that son to participate In a sit-In or In any Illegal for the Eastern District, based on Section 9 they should turn themselves in and make a demonstration. When, after nearly two of the National School Lunch Act. That sec­ full state;nent to the Sheriff. Don accom­ months of Intransigence on the part of the tion provides that: "Lunches ... shall be panied them to the Sherijf's offIce for that school board, some of the lunch proponents served without cost or at a reduced price to purpose. Since the girl was 15 and the boy decided to conduct a sit-In, they were told children who are determined to be unable 17 (when the alleged statu1t0ry rape oc­ by the CRLA attorneys that If they remained to pay the full cost of the lunch." [Emphasis curred) Don made an appearance to .have in the school board bUilding they would be added I. The Court Issued a temporary re­ the case transferred to Juvenile Court. His arrested and conVicted, and would face a straining order and subsequently a prellml­ recollection is that the motion was unop­ possible fine or jail sentence. Sit-Ins were nary Injunction preventing the school board posed by the District Attorney's office. The held on two days In April. The CRLA attor­ from Implementing the August 25 decision Juvenile Conrt Judge dismissed all charges neys were present as observers and to answer to Which the people objected. The Interlocu­ against both of them and the Superior Court questions from the demonstrators as to their tory orders, In suspending the August 25 decided that since the couple was married rights. The CRLA attorneys did not partici­ criteria, compelled the School District In the the girl should not be made a ward of the pate and did not encourage or advise other Interim to apply their 1968 standards. (The Court. The allegation from Mr. Uhler's office persons to participate. School District 1969 proposal contained cri­ obviously bears no resemblance to the actual Forty-three persons were arrested and teria even more restrictive than their pre­ facts in the matter. charged with trespass Violations. The CRLA vious practice) . I declare under penalty of perjury that the attorneys were of the opinion that even During the next several months discovery foregoing Is true to the best of my knowl­ though the defendants might have violated was conducted. As you may know, the Whole edge and belief. the law, they were entitled to a vigorous legal subject of hunger and malnutrition has had Executed In San Francisco, California, defense. Accordingly, they agreed to repre­ a very substantial exposure In Modesto. Dur­ on December 28, 1970. sent the defendants. On the other hand, they Ing December of last year the Stanislaus MARTIN GLICK. recognized that CRLA Itself could not repre­ County Board of Supervisors, because of un­ sent criminal defendants so they charged all precedented unemployment and resultant the time they spent on the case to their va­ CRLA AND THE SCHOOL LUNCH CONTROVERSY basic food needs, requested that the PreSI­ cation time. Clerical work was done by the dent and the Secretary of Agriculture de­ The allegation that CRLA attorneys repre­ defendants themselves, and CRLA was fully clare a hunger emergency and provide food sented criminal defendants and advised stu­ compensated for the almost negligible use of commodities to desperately needy famllles dent demonstrators arises out of the Modesto office supplies (paper, staples, Xerox costs, In the County. CRLA brought suit against school lunch controversy. Many poor parents etc.) Secretary Hardin and a Christmas Eve in­ were dissatisfied with the administration of Since CRLA was In the midst of a major junction resulted In provision of two truck­ the National School Lunch Program in the local controversy for more than a year In con­ loads of food to help tide over the hungry, Modesto schools. In order to receive nearly a nection with the Modesto schOOl lunch pro­ many of whom have children attending quarter of a m1ll10n dollars In federal aid un­ gram, It would be surprising If no mistakes at Modesto schools and are eligible according der the program, the Modesto school board all were made. Taken as a whole, however, to Federal law to receive free school lunches had to promise to provide free or reduced CRLA's conduct In the school lunch contro­ [See Oakland Tribune front page article price lunches to the more than 2,000 needy versy was a model of the vigorous legal rep­ dated December, 1969, Exhibit to this letter.] chlldren in the schools. The parents found resentation that should be provided to the The trial in the case began In late Janu­ out that only 180 children per day were re­ poor through the legal services program, and ary, 1970. On February 19 the Court Issued ceivlng free or reduced price Iunclles. at no time was there any violation of the a permanent Injunction ordering the school During the summer of 1969, CRLA attor­ splrlt or the letter of federal regUlations. board to serve free lunches to all the needy neys assisted the parents In presenting their chlldren In the district. U.S. District Judge requests for reform of the lunch program to JUNE 15, 1970. McBride concluded: the school board. The attorneys hoped that Mr. JAY F. LUTZ, "But the Board made no determination of by working with tlle school board they could Director oj Legal SerVices, State Bar ojCali­ which children were unable to pay; Its deter­ avoid litigation. However, the school board jornia, San Francisco, Calif. mination was based on how much the would not agree to feed more than 400 needy DEAR MR. LUTZ: Thank you for your letter schools could afford to pay. That was where children, a figure that would make at least of May 6, 1970. I am sorry for the delay In the determination was faulty and unaccep­ 1600 children go hungry each day. At the re­ responding but this has been an unusually table under the Act. While there Is nothing quest of the parents, the CRLA attorneys busy month for me as well as the CRLA to Indicate that the School Board was not filed suit In the federal court In Sacramento. attorneys In Modesto whose assistance I acting In utmost good faith, It did not com­ The case was decided In February, 1970. sought to thoroughly investigate the matter. ply with the Act, and I must set aside Its U.S. District Judge Tllomas J. MacBride To fUlly answer the Inquiries In your letter, ellglbllity standards. [Slip opinion, pp. agreed with the CRLA attorneys that the It wlll be helpfUl to provide you With a his­ 7-8]." school board had failed to live up to Its ob­ tory of CRLA's Involvement In the Modesto A copy of the permanent order Is attached ligations under the National School Lunch school lunch controversy. to this letter. Act, and he ruled that If the board wanted to The issue was not raised originally by When the permanent Injunction was Is­ continue to receive the benefits of the lunch CRLA, but by a group of low-Income white sued, the case seemed to have been an excel­ program It must agree to feed all the needy parents who attended school board meetings lent example of the type of achievements children.] beginning May of 1969 to urge the school hoped for from legal services programs. At Rather than comply with the court's order, board to expand the school lunch program the outset, our cllents were encouraged to the school board on March 2, 1970, to Include all needy children In the schools. try to attain their goals themselves through voted to terminate Its participation In the These parents had only limited success with the democratic process, the attorneys func­ National School ~unch Program, citing as its the board and In June they contacted the tioning in an adVisory capacity. Only when reason the extra $19,000 It would cost to CRLA office in Modesto to request that CRLA all other channels were exhausted was the comply with the court order for the remain­ attorneys file a law suit against the school law suit filed. Because CRLA provided an der of the year. The following day the CRLA board. The attorneys, however, did not be­ outlet for resolution of their grievances attorneys obtained a commitment from the lieve the parents had exhausted all possiblll­ through the orderly processes of law, our Emergency Food Program of OEO to provide ties of negotiating with or persuading the cllents had an alternative to taking their the needed $19,000 so that the children of school board. Attorneys Philip Neumark and case to the streets. Despite the length of liti­ :l\Iodesto could continue to receive nutritious Daniel Lowenstein were assigned to the case gation, the faith of these people In our sys­ and they agreed to accompany the parents tem of justice was strengthened when Dis­ ]A copy of the complaint and the jUdge's to school board meetings and assist them in trict Judge McBride ruled In their favor. At decision are attached to this statement. presenting their views to the board. all times Innumerable low Income persons December 31, 1970 CONGRESSIONAL RECORD - SENATE 44463 were involved with the case as parties, wit­ copy of the affidavit of Gerald L. McKinsey, all the persons who had been arrested at the nesses and observers. fiied in the criminal action arising out of school bUilding. Just seven days after JUdge McBride's de­ the sit-Ins, which Indicated that relations It is not true that a ball bondsman from cision, Dr. Bert C. Corona, superintendent between the demonstrators and the pollce Fresno was "on the scene" at the time the of the Modesto school, announced pUblicly were cordial throughout this period. He demonstrators arrived at the jail. After the that he would recommend to the school notes: arrestS had been made, a Fresno ball bonds­ .board that it drop out of the National School "The atmosphere before, during, and after man was. called and the delay in his arrival Lunch program so as to avoid having to the closure order and the arrests was neither was partially responsible for the fact that serve meals to all the needy chlldren as the hostlle nor strained between those arrested the arrestees remained in jail for several Federal Court ordered. Dr. CorOna criticized and members of the Modesto Police Depart­ hours before being balled out. The bondsman Judge McBride for. "trespassing upon the ment. There were no incidents of violence was called by two persons who had been ac­ prerogative of local school districts," even before, during and after the closure order and tive in the school lunch controversy. CRLA though he indicated that the board would arrests. Neither was there any obstruction or played no role in contacting him and he was not appeal from Judge McBride's decision. resistance by the arrestees 00 the arresting not known by any CRLA personnel. Aithough the school district had the ofllcers. No one went "limp" or directed any The municipal court judge had ordered legal option to terminate participation in derogatory remarks to the arresting omcers. that while some of the arrestees would have the National School Lunch Program, it was This was true both as to those arrested on to be released on ball, he would consider immediately apparent to the low income April 7, 1970 and April 10, 1970:' releasing others on their own recognizance. community that the school board gladly ac­ The presence of CRLA attorneys helped to The persons who were released on their cepted the benefits of that program untH it keep the demonstrations peacefUl. "O.R." spent several hours in jail and when was required to live up to its legal obliga­ The school board next met on Aprll 6, 1970, our attorneys asked the reason for the delay. tions under the program. The low income and again" refused to discuss the school lunch the Captain of the jall stated that distribut­ people asked our attorneys to take the school controversy. At a meeting of the Citizens to ing the O.R. application forms, having the board back to court, and they expressed re­ Save the School Lunch Program held im­ arrestees fill them out, collecting them and sentment against the CRLA when the attor­ mediately after the school board meeting, processing them were the main causes of the neys told them that they had no further the decision to sit-In at the school ad­ delay. Accordingly, the attorneys asked the legal remedies. ministration bUllding was made. No CRLA Captain if biank forms could be made avall­ On March 2, 1970, the board met and personnel were present when this decision able and filled out in advance so as to save formally withdraw from the National was made, but John Kelley and Philip Neu­ time in the event of any future arrests. The School LUl.ch Program. The sole reason mark, CRLA attorneys, entered the meeting Captain stated that this would be possible. given was that the board could not shortly thereafter. Keiley adVised against the Our attorneys were not contemplating any raise the $19,000 it estimated it would sit-in and Neumark adVised the people pres­ such future arrests and, in fact, no such need in local funds to comply with JUdge ent of the legal consequences that could arrests occurred. The attorneys simply wanted McBrIde's order. On March 3, pursuant to result·if any Violations of law occurred. to expedite matters in case there were more our request, OEO Emergency Food program The sit-in began the following morning, arrests. olIered a special grant of $19,000 to the Tuesday, April 7, at the school administra­ Your letter raised the point that a few of Modesto SChool Board which would fully tion building. The demonstrators sat along the members of Citizens to save the School underwrite the total cost of complying with the walls of the main corrider and in no way Lunch are not indigent. OEO has encouraged the Court order. Together with representa­ interfered With any bUSiness being conducted Legal services Programs to represent groups tives of the Community Action Commission in the building. They made it clear that they of poor people. Such groups from time to and the local CAP, our attorneys imme­ would leave immediately if any member of time include persons who are not poor. How­ diately conveyed this informatIon to Dr. the school board would meet With their rep­ ever, if the subject matter of the laWSUit Corona. Dr. Corona polled the school board resentatives to discuss the school lunch pertains to the interests of the low income by telephone and then announced that the problem. The sit-ins occurred each day that community, such groups may be represented board would not apply for the grant and week, beginning 111 the morning and last­ by a legal services program. OEO recognizes would persist in its decision to drop out of ing untll 5:00. It was agreed by everyone that middle class people shOUld not be pre­ the National School Lunch Program. This concerned, including the superintendent of cluded from joining the poor in seeking so­ announcement took the low income commu­ schools and the chief deputy district attorney, cial justice. In the present case the vast nity by surprise in that the only reason given that the demonstrators were within their majority of group members (as well as those by the board for its previous decision had legal rights at all times when the building arrested) are low income persons. been removed by the OEO offer. It became was open for business, up to 5:00 pm. Each After the arrests of group members. the apparent to them that the school board was day at 5:00 p.m. the superintendent de­ question of CRLA representation of those retaliating for its loss in court even at the manded that the demonstrators leave the charged with criminal acts arose. Of course cost of losing the lunch pl'Qgram and de­ building and on two occasions some of the the CRLA attorneys who handled the civil priving needy chlldren the benefits of a demonstrators declined to do so and were ma,tter had intimate knowledge Of many of lunch. arrested and charged with violating Penal the relevant facts and had the confidence of The Community ActIon Commission re­ Code § 602(n). the people involved. Both OEO and CRLA quested the board to reconsider its decIsion Two CRLA attorneys, Lowenstein and Neu­ (our gUidelines are attached as EXhibit) rec­ regarding the OEO offer at its next meeting, mark, were present at various times during ognize that in certain unusual circumstances to be held on March 16. At that meeting, the sit-ins. They were present in their capac­ it is in the best interests of the clients of however, the board refused even to discuss ity as attorneys, giving legal advice to the the program for CRLA attorneys to under­ this proposal. In addltion, the board refused clients and acting as liasion with school take such representation. We have submitted to call a special meeting to consider the omcials and police omcers. Each day at 5:00 the relevant information to OEO and are problem and refused to place the matter on p.m. they advised the demonstrators that if awaiting a decision as to whether this Is a the agenda for any SUbsequent meeting. A they remained in the bUilding, they would proper case for CRLA to represent criminal United States Senate investigating Commit­ be subject to arrest and very likely would be defendants. Until such time as we receive an tee on NutrItion and Human Needs held convicted. They further advised the demon­ afllrmative response, we cannot, as CRLA at­ hearings in Modesto on March 23 and com­ straoors that the question of whether to re­ torneys, represent these defendants and I plled facts showing that the MOdesto School main in the bUlldlng was an indiVidual deci­ have so informed our atoorneys. They have Board decision to drop the lunch program sion and that no one should remain solely been permitted to take leave to represent would mean a higher cost of lunches to every because a majority of the group elected to these clients in the interim. stUdent and substantial reduction in the remain. I am satisfied that at no time dId I want to add two further thoughts. First, quality of the lunches. Thus no one bene­ an, of the CRLA attorneys In any way en­ I believe that attorneys must be very careful fitted from the decision to pull out. courage any person to remain in the school not to permit confusion to arise as to their After the March 16 school board meeting, bullding after 5:00 p.m. or to commit any function. There has been an E'lement of con­ leaders of the low Income community, ob­ other unlawful act. fusIon in tllis case. On occasion our attorneys serving that neither legal action nor political In each case, the CRLA attorneys left the participated in the picket lines instead of persuasion had succeeded, formed an orga­ bUilding when the clOSing announcement was strictly limiting their role to that of advisor. nization named "Citizens to Save the School read. On Tuesday, Aprll 7, the persons who I have issued gUidelines, a copy of Which is Lunch Program." The organization placed were arrested were cited, and the attorneys attached as eXhibit. These guidelines have informational pIcket lines outside the school Simply collected the names and other perU­ administration bUilding. CRLA attorneys been Issued to all CRLA attorneys. nent information regarding the arrestees. On Second, the "school lunch" issue became from the MOdesto ofllce were present at the Friday, April 10, the persons who were ar­ picketing at various times. Their role was to rested were taken to the county jail and a volatile one because the government bOdy assure that picketing was lawful and to act booked. The attorneys did not know in all involved, the School Board, refused to abide as a liaison between picketers and police. At cases which demonstrators had been arrested by the spirit of a Federal Court order. How no time did the attorneys use any language and which ones had left the building prior sad it is that those who had faith in the law or engage in any conduct disrespectfUl of to the arrests. Accordingly, when the attor­ were disappointed and especially, as to the any police officer. Nor was any such language neys arrived at the jail they did not have a young people invoived, how much more difll­ or. conduct .on the part of other picketers list of all the arrestees, and they informed cult it has now become to convince them to observed by the attorneys. I am enclosing a the Captain of the jaH that they represented peaceably channel their grievances. 44464 :CONGRESSIONAL'RECORD;...L.:SENATE December\31, 1970 It should be noted that the explicit con­ provldeball to at least some of those ar­ porary restraining order mandating the De­ gressional mandate to assure that needy rested. partment of Agrlcultureto release twenty children receive a free school lunch was en­ It is reported that While the arrestees were thousand pounds of surplus food to the acted to prevent further academic retarda­ completing appllcatIon forms for release on hungry in Stanislaus County. tion of America's poor chlldren. Many needy their own recognizance (this may be In con­ Both of these cases received wide-spread children who regularly go without lunch also fiict with the report concerning the ball national pUblicity Including a front page go without breakfast and have nothing to bondsman) the CRLA attorneys requested a article In the New York Times. As press arti­ eat during an entire school day. Their con­ SUbstantial amount of blank "OR" applica­ cles began appearing, Indicating that Stan­ sequent hunger causes them to sutIer head­ tion forms for future use. Islaus County appeared to be unwilllng to do aches, intestinal discomfort, and lower con­ It Is reported that approximately six of very much about Its hunger crIses, county centration spans. In short, the chlld who those arrested and represented at arraign­ officials began a campaIgn to dIscredit CRLA does not eat does not learn. This dispute did ment by CRLA attorneys were chlJdren of Modesto office. The county adminIstrator not occur over some obscure technicality of local famllies having substantial financial told the New York Times CRLA presented the law but over one of vital concern to every resources. one-sided picture of the pllght of needy low income family in California. I am prOUd The complaints which this office has re­ famllles. The vice-president of the Modesto of the efforts of our Modesto office In gUiding ceived and which are based upon the forego­ School Board told the U.S. Senate Committee the dispute into court, obtaining a legal ing reports are as to whether CRLA person­ CRLA's lawyers were "agents provocateur victory, and in encouraging those embittered nel participated in the "sit-in," whether such and agitators" who "wantonly slandered the by School Board intransigence to protest personnel advised or encouraged the "sit-In" reputation of the hard working and Indus­ non-violently. or othcrwise gave counsel concerning the trious citizens of Modesto and of all Stan­ I appreciate your interest and hope the "sit-in" of such nature or in such manner islaus County." As a part of this campaIgn, foregoing is helpful. If I can be of further as to promote the same, Whether CRLA per­ the StanIslaus County Grand Jury conducted assistance, I am at your disposal. sonnel are or plan to be somehow Involved In a secret Investigation of the local communIty Sincerely, future and similar activities, whether CRLA action agency and Issued a report criticizIng CRUZ REYNOSO. has engaged In representation beyond the that agency for dIstributing food to needy scope of its authority or In contravention of faml11es on Christmas Eve. The community THE STATE BAR OF CALIFORNIA, any condition or the like of OEO fundIng, action program, of course, had no opportu­ San Francisco, Calif., May 6, 1970. Whether CRLA has engaged In representatIon nity to present any evidence Whatever to CRUZ REYNOSO, Esq., beyond the scope of any OEO approval of refute this criticism. Director, Calijornia Rural Legal Assistance, representation in criminal matters arising When the Grand Jury announced that It San Francisco, Calif. out of the Modesto problems, Whether CRLA intended to InvestIgate "complaints of pos­ DEAR MR. REYNOSO: Pursuant to the re­ engaged in representation in such crImInal sible misuse of funds by Callfornia Rural c"ntly established arrangement for the matters prior to any OEO approval therefor Legal Assistance attorneys," CRLA requested handling of non-disciplinary "complaints" being obtained, and whether CRLA provIded that any investigation be held In pUblic so received by the State Bar with respect to representation in such criminal matters to that the community could hear all sIdes of CRLA, as more partiCUlarly described in my persons financially able to procure the assist­ the story and pledged Its cooperation wIth letter to you dated April 15, 1970, I am hereby ance of private counsel. Your adVice With re­ the public investigation. In response to forwarding for your investigation and advice spect to the accuracy of the foregoIng re­ CRLA's offer, the Grand Jury served on Its certain inquiries and "complaints" concern­ ports and these complaints will be appre­ attoneys a Subpoena Duces Tecum requiring ing the activities of CRLA attorneys and ciated. CRLA to appear before the Grand Jury In community workers in the Modesto office. It has also been reported that the CRLA secret session and to brIng wIth It "any and Specifically questioned are the participa­ attorneys Who appeared at arraignment on all books, records, and accounts of the Stan­ tion of CRLA personnel in organization and behalf of those arrested at the "sIt-In" then islaus County office of California Rural Legal execution of a "sit-in" conducted at the stated to the court that they so appeared Assistance." When CRLA requested of the school board office in Modesto during the Individually, that is, not In their capacity as Grand Jury and the District Attorney the end of the week of April 5, 1970, or the members of CRLA's professIonal statI. I legal basis of thIs Investigaton, they were beginning of the week of Aprll 12, 1970, and would appreciate your advice and comments unable to supply CRLA with any CalifornIa the representation of persons arrested at wIth regard to CRLA pollcy concernIng how law authorIzIng such an investigation. such "sit-in" by CRLA attorneys. The fac­ and under what circumstances CRLA attor­ Faced wIth what appeared to CRLA to be tual allegations which give rise to the "com­ neys can or may act individually In matters an megal witchhunt, the office felt that it plaints" are set forth below in capsullzed beyond the scope of CRLA's "authorIty," for had no choice but to take legal action to form and without representation as to the a questIon has been raised as to how salaried protect its clients' confidential records. For accuracy thereof. members of CRLA staff can effectively disas­ this reason, It brought an action In the It is reported that prior to the "sit-in" sociate theIllSelves and their actIons from Sacramento Federal District Court to enjoin there were demonstrations on the streets and CRLA In select cases, particularly under cir­ the Grand Jury from proceeding wIth Its sidewalks outSide the school board office in cUIllStances such as those of the Modesto investigation. Federal district Judge Thomas which CRLA attorneys participated to the situatIon. MacBride issued both a temporary restrain­ extent of referring to police officers present Any other advice and Information which ing order and a prellminary InjunctIon as "pigs" and the Ilke plainly within the you feel would be helpfUl wIth respect to the against the Grand Jury holding that a local hearing of other demonstrators. Modesto sItuation wUl, of course, be appre­ state grand jury had no authorIty to In­ It Is reported that CRLA personnel were ciated. vestigate the relationship between a legal present at the scene of these demonstrations If you have any questIons With respect to services program and the Office of Economic and engaged in photographing the activities the foregoing please do not hesItate to tele­ Opportunity. (A copy of the Complaint Is of demonstrators and pollce. phone me. Thank you for your attentIon to attached as Exhibit 1.) It is reported that two CRLA attorneys this matter. Shortly after the temporary restrainIng were present among the demonstrators F.JAYLUTZ. order was Issued, the Stanislaus County within the school board bullding at such Director oj Legal Services, Grand Jury sent a resolutIon to Governor time as a school board official announced Reagan requesting hIm to veto the CRLA that the bUllding was being closed and that grant. The Grand Jury alleged that It had all present should leave, that While leaving CRLA AND THE COUNTY GRAND JURY received a number of complaInts from poor the premises the CRLA attorneys exchanged In 1969 CRLA represented a group of poor people who said they were unable to obtain comments with several of the demonstrators, mothers and their chlJdren who alleged that legal servIces from CRLA either because and that thereafter the "sit-in" commenced. the Modesto School Board was deprIVing the attorneys were not In the otflce or said It is reported that, Immediately follOWing 2,000 needy children of free lunches In vIola­ they were too bUSy to handle theIr cases. (A the arrest and incarceration of apprOXimately tion of the National School Lunch Act. On copy of the newspaper story Is attached as thirty participants In the "sit-In," two CRLA February 27, 1970, federal JUdge Thomas Exhibit 2.) . attorneys appeared at the jail, requested that MacBride held tbat the Board's program did CRLA pointed out that It uses an appoInt­ they be allowed to see the people who were not comply wIth the school lunch act and ment system in all but emergency cases in arrested, and announced that they repre­ Issued a permanent Injunction against the order to permit its attorneys to perform high sented the same. A captain In the sheritI's of­ Board which made more than 2,000 addi­ quality legal services for their clients. flce was summoned and he asked the attor­ tional chlldren ellgible for free lunches, A couple of days later, the Modesto Bee neys the names of the defendants whom they A couple of months after the school lunch strongly condemned the Grand Jury's action wished to see. The attorneys replIed that they law suit, Modesto CRLA lawyers represented against CRLA as "reckless and irresponsible." did not know the names of the cllents. After the plaintitIs in an actIon against the De­ (A copy of the Modesto Bee editorial Is at­ one of the jalJers had Inquired of those ar­ partment of AgrIculture alleging that the tached as Exhibit 3.) rested whether they wished to speak wIth high rate of unemployment In Stanislaus the attorneys and been advised In the af­ County made It an economic dIsaster area DECLARATION firmative, the attorneys were allowed to speak requiring the secretary of Agriculture to re­ Ralph Santiago Abaseal hereby declares: wi"h all such arrestees. lease surplus foods to the hungry citizens I was formerly employed by CalIfornIa It Is reported that a ball bondsman from of Stanislaus County. On Christmas Eve, Rural Legal Assistance from 1967 to Septem­ Fresno was "on the scene" and ready to federal jUdge Robert Peckham Issued a tem- ber, 1970. DurIng the latter year of my em- Decelnber31,1970 CONGRESSIONAL RECORD - SENATE 44465 ployment I served as DIrecting Attorney in of 1970 and was completely organized and Southern California Law School. I might note the Marysv1lle Office. planned by Jose Luis Vasquez. I am sure that l\1r. Bellow was the first recipient of the I have read Senator Frank W. Marler, Jr.'s that the contacts were not Initiated by the award given annually to the best legal serv­ letter of December 18, 1970,to Governor CRLA office. At the demonstrations, perhaps ices attorney In the United States. Mr. Bellow Ronald R. Reagan. Many of the parts in Sen­ 100 picketers paraded around In front of stated that he remembers only one contact ator J\Iarler's letter have been dealt with by the Sutter Welfare Department with signs wIth the DIstrict Attorney's office In Tulare others and I would like to amplify on the stating that Mrs. QuItorino was unfair, that County. On that occaSion-prior to the adop­ reference to the organization of the demon­ she discrimInated against poor people, that tion by OEO of Instructions on handllng of stration to which Senator Marler refers. I she Ignored the needs of children, that type crimInal cases-he tried a motion to dIsmiss was Directing Attorney of the office at the of thIng. Both Ralph Abascal and I believe a crlrhinal complaInt on the ground that he time the demonstration occurred. Rick Rogers, stopped by to vIew the demon­ had not been provIded with a speedy trial. The demonstration was a reaction of the stration to insure that it was an orderly one The motion was granted and all charges were poor community to our loss of the "stove and to witness any type of abusive treatment dismissed. Mr. Bellow denIes ever having been Incident" case. Approximately three hours meted out to the demonstrators. There was asked to leave a courtroom. after the hearing, Jose Luis Vasquez, Mag­ no other CRLA involvement to the best of On the basIs of my own personal contacts deleno Botello and several other leaders of my knowledge. with Mr. Bellow, I would unequivocally state the Mexican American community in the area In regard to the second possible demon­ that I know of no attorney with higher eth­ came to our office. They expressed deep dis­ stration, this Involved a march from the Ical standards or hIgher dedication to service appointment in the loss of the case and said City High School to the Yuba City Post for the poor. that they felt that it exemplified theIr undue Office and back by perhaps 50 to 75 students. I declare under penalty of perjury that the reliance on the legal system; In their own Each student apparently wrote a letter to foregoIng Is true to the best of my knowl­ words, they said that they were taking the the PresIdent urging him to review our Viet­ edge and belief. matter into their own hands and were going nam polley and counseling withdrawal from Executed in San Francisco, CallfornIa, on to conduct a march on the Welfare Depart­ VIetnam. For publlcity purposes, each of the December 28, 1970. ment. I tried to convince them that we dId stUdents carried the letter In hand as they MARTIN GLICK. not consider the legal issues underlying the made the 11 or 12 block march to and from "stove incident" case to be finally resolved the Post Office. The entire march was or­ by the loss on that day. We told them that ganized by one of the high school students (Sacramento (Calif.) Bee, December 30, we were going to write a detaIled letter to whose name I do not recall. He was a junior 19701 Robert Martin, Director, State Department who ran for student body president. CRLA AUTHOR OF DOCUMENT CITED BY REAGAN IN of Social Welfare in an attempt to resolve the was Informed of the march and of the ap­ VETO VOICES SUPPORT OF RURAL LEGAL issue. They told me that they felt that to proximate time it would take place. There AID PROGRAM be even less effective. Thereafter, there was were members of the press covering the (By Bruce Keppel) absolutely no involvement of the CRLA office march, but to the best of my knowledge, in the demonstration. We dId not encourage there were no CRLA staff members who at­ The author of a document used by the them to demonstrate, plan the specIfics of tended even to wItness the demonstration. Reagan admInIstration to discredIt the Call­ the demonstratIon nor did we In any way The allegatIons were so very vague and fornia Rural Legal Assistance Program and deal with the press. I am one of the staff lackIng In detalls that I am unable to pIn­ justify Gov. Ronald Reagan's veto of Its $1.8 attorneys who was at the Welfare Depart­ point any possIble reference IncIdent. At any mlllion federally-funded budget, says It was ment durIng the Initial part of the demon­ rate, these are the only two incidents of misrepresented and reaffirms his support for stration. which I have any knowledge that would even CRLA. Senator Marler's confusion as to the loca­ approach the definItion of a demonstration or And another document-suggesting that tion (the commodity warehouse) results a march. the league of CalifornIa cities urged Rea­ from the fact that another Issue then pend­ gan's veto--turns out to have been the ex­ Ing was the adminIstratIon of the surplUS pression only of the league's president, Clif­ commodity program by the Sutter County CALIFORNIA RURAL LEGAL ASSISTANCE, ford F. Loader, who stated hIs view on league Welfare Department. At that time, only two December 28, 1970. stationery. He is mayor of Delano In Kern hundred families were participating In the Memo to: Cruz Reynoso. County, where CRLA attorneys have been program because local eligIbIlity standards From: Phil Jiminez. involved In a dispute between growers and excluded all welfare recipients. Approxi­ Re Alleged partIcIpation by CRLA In demon­ farm workers over union representation. mately two weeks after the demonstration strations In the Marysvllle area. Both documents were made public Mon­ our office filed an action in Federal Court It has come to my attentIon that Mr. Uhler day by LewIs K. Uhler, dIrector of the State in Sacramento challenging the adminIstra­ receIved a letter from senator Marier serving Office of EconomIc OpportunIty, to Justify tion of the CommodItIes Program in Sutter the Yuba City-Marysvllle area, in whIch It Is his recommendatIon that Reagan veto County. EIght days later County counsel alleged that CRLA personnel took an active CRLA's bUdget. stipulated that the County would thereafter part In organizIng a demonstratIon or dem­ The flrst document was a letter to the comply with all state and federal laws reg­ onstrations In the MarySVille area. presIdent of the Imperial County Bar Asso­ ulating the program and wIthIn weeks dIs­ Since my arrIval in Marysv1l1e In September ciatIon by Cameron Hendry, executive direc­ tribution had increased to over three thou­ of thIs year I know of no demonstratIons tor of the Economic Opportunity Commis­ sand persons. havIng taken place, much less a demonstra­ sion of ImperIal County, Inc. In a letter ad­ I declare under penalty of perjury that the tion In Which CRLA personnel were Involved. dressed yesterday afternoon to Frank Car­ foregoing is true and correct. Senator Marler's letter was very vague and lucci, director-desIgnate of the Federal Of­ Executed In San Francisco, California, on totally lacking in any specIfic details, such as flee of EconomIc Opportunity, who can over­ December 28, 1970. dates, tImes, SUbjects, and etc., but even rIde Reagan's veto, Hendry asserts: RALPH SANTIAGO AnAsCAL. then I know of no such event In the area "It was not the purpose of my letter to Which could be reasonably termed as demon­ crIticIze the operatIon of the Callfornia strations. Rural Legal Assistance, anll Its use in such MEMORANDUM a context compels me to clarify my po:;itlon." December 28, 1970. ALLEGATION IN AFFIDAVIT FROM JAMES In that letter, Henry asked the Imperial To: Cruz Reynoso. HOULIHAN County Bar AssocIation to send a representa­ From: Ed Kerry. tive to dIscuss with the commissIon means of Subject: Alleged Demonstrations In whIch My flrst contact wIth the Callfornia Rural obtaining legal aid for divorce cases sought CRLA Staff had been involved In the Legal Assistance was with a Mr. Gary Bello In by the county's poor. CRLA at that time-­ Marysvllle area. Vlsalla, CalifornIa. Mr. Bello's actions were so last February-was unable to handle these obnoxious, demanding and showed such a because of lack of manpower, II sItuation Jim Smith indicated that a letter from lack of any ethical standards that on at least Senator MARLER representIng the Marysvllle­ sInce remedIed, Hendry wrote. one occasion he was ordered by the Judge to "In fact, the very board member who orig­ Yuba City area charged that CRLA staff had leave his courtroom. DurIng the period of been lnvolved In demonstrations in that area. inally raised the question of divorces, has ex­ time, he or members of the staff of C.R.L.A. pressed total satisfaction with the present The let·ter was extremely vague and failed Interfered wIth the prosecution of several to give any dates of the demonstratIons, any arrangement:' his ietter states. crIminal cases involving arrests made by the "Secondly, let me emphasize that my letter locatIons for the demonstrations, any sub­ VIsalla Pollee Department. ject of the demonstrations, or Identify the was not In any way Intended to condemn the persons, by group, Who were Involved. DECLARATION operation of CRLA. My feelIngs are quite the The only possIble demonstration that I I Martin Glick, being duly sworn, hereby contrary. recall would Involve pIcketing of the Sutter depose and say: "Through my staff-partiCUlarly my grass­ County Welfare Department and a student I am the DIrector of Litigation for Call­ roots workers--I am aware that CRLA march in YUba CIty from the Post Office to fornia Rural Legal Assistance. handled hundreds of IndivIdual cases a year the High School and back. Upon receipt of the above allegation I con­ and, in so doIng, provides servIces not else­ With regard to the pIcketing of the Wel­ tacted by telephone Mr. Gary Bellow, former Where avallable. fare Department, to the best of my knowl­ CRLA Deputy Director and presently a Pro­ "Our office refers to CRLA constantly in edge this took place in early or late sprIng fessor on the faculty of the UnIversity of our dally dealings with the poor of Imperial 44466 CONGRESSIONAL RECORD ..,..--SENATE SUPPORT LE:rrERS county. and I personally endorse their pro- Lawyers 134 Burton, PhUllp, Member.... Qt Congress. gram and urge its refunding." . HEW 43 House of ~presentatives. .' •..... '..< •.. " .••• Hendry's position thus differs sharply Labor 50 Burton, John L., AssemblYJIlllli. Twentieth from that of the Imperial County Bar Asso­ District. California Legislat~,. . ciation, which spllt with CRLA earller this Publlc officlals______43 Brown, Wlllie L. (Jr.), Member ot the As­ year and withdrew its support. Uhler's pile Bar, etc______7 sembly, Eighteenth District. California Leg­ Law schools______12 islature. of documents contains the association's posi­ Rellglous 31 tion-along with similar criticisms from the Bellenson, Anthony C., state senator, Sonoma County and Stanislaus County Bar Miscellaneous 27 Twenty-Sixth Senatorial District. Cllents, etc .. 337 Associations. Bee, Carlos, Chalrman onIritergovernmen­ Carlucci, the recipient of Hendry's lett~r tal ~lations, California Legislature. supporting CRLA, is President Richard 471 Bagley, Wllllam T., Member of the as­ Nixon's appointment to head the OEO. sembly, Seventh District, Marin-Sonoma OEO itself has In the past referred to CRLA Counties, California Legislature. PUBLIC OFFICIALS AND ORGANIZATIONS as "the fiagship" of its legal-assistance pro­ grams for the poor. Meade, Kenneth A., Assemblyman-Elect, LAWYERS AND JUDICIARY The letter Delano Mayor Loader wrote to 16th District. The sacramento Barristers. Anthony Dick. Reagan on League of California Cities sta­ Sands, Michael S., Councilman, City of President. tionery last Dec. 19 states: Sacramento. Lawyers for CRLA. "After careful evaluation, I urge that you Legaspi, Luis M., Councllman, City of Cal­ American Civil Liberties Union of South­ veto the funds for the California Rural Legal exico. ern California, Eason Monroe. Executive Di­ Assistance Program, known as CRLA. Espinoza, Frank, Board of Directors, Kern rector. "The damage done to Democrat society County E.O.C. Richard Adams; A. Richard Backus; D. far outweighs the service to poor people. A Bolllnger, Oran, Executive Director, Com­ Richard Barell1; Antonio M. Bautista; Carlos different way of giving legal aid to the poor munity Action Organization, Kings County. Bell,; Steven Allen Becker. should be devised that is free of activist Hays, Walter V., Councllman, City of San Berns & Steinberg, RalphJ, Steinberg; political (missing line here ...) Jose. Nordin Blacker. A spokesman for the league said yesterday Hammerlcksen, Mark, Probation Officer, Clyde M. Blackmon, Phillip L. Isenberg. afternoon that its board of directors has Salinas. and John F. Moulds, In. taken no stand on CRLA. He suggested that Gualco, Eugene T., Supervisor, Fourth Guy Blase; Gerard A. Blaufarb; George O. Loader may have been speaking either per­ District. Brekke; James A. Brennan; James L. Brown; sonally or as Mayor of Delano. Loader signed Grinnell, Thomas H., Probation Officer, Jay cantor. the letter, however, as president of the Monterey. Donald B. Cantwell; Jose Castorena; Ger­ league first, and Delano Mayor second. Gonzales, Robert E., Board of Supervisors, trude D. Chern; Willlam G. Clark; Ronald F. (Loader, a dentist, confirmed today that San Francisco. Coles; William H. Cozad. he was expressing the opinion of the city of Sprinkles, Ernest, Executive Director, Thomas A. Craven; Thomas H. Crawford; Delano which. he said, considered the local EYOA, Los Angeles County. Andrew H. D'Anneo; John Duddy; William J. CRLA "nothing but trouble during the Cesar Caro, Ernesto, Project Director, Poverty Elfving. Chavez-led drive to organize farm workers. Program. Imperial County. Elizabeth Ent; Pauline Epstein; PedeT W. Loader said he used League of Callfornla Ayer, William E., Director, Parks & Recre­ Eriksson; A. M. Fernandez; J. Brian Fine­ Cities stationery to express the Delano view, ation Department, GUroy. gan; J. Robert Foster. "because I happen to be president this year.") Zenovich, George N., Assemblyman, Thlrty­ Fredericks & Swenson; Richard Day; Da­ Uhler emphasize at his press conference Second District, Fresno County; Chairman, vid Freldenrich; Fresno County Legal serv­ Monday that the documentation made publlc Democratic Caucus. ices, Inc.; Alan V. Friedman. then was merely a "random sample" from Z'Berg, Edwin L.. Assemblyman, Ninth Morris Futllck; Florentino Garza; Joseph District. S. Genshlea; Former Chief Justice Phil S. a pile "yea high." In his letter to Reagan urging the Gov­ Wilson, Charles H., House of Representa­ Gibson. ernor's veto, Uhler asked that the bulk of tives, 31st District, Calif. Richard A. Giesberg; Lawrence Gluck; the documentation be "kept confidential" Waldie, Jerome R., House of Representa­ Robert H. Gonzales; Stephen H. Greenleaf; until after a meeting with Carlucci's staff tives, 14th District, Callf. Laddy H. Gross. In Washington, D.C., "with respect to the Vasconcellos, John, Assemblyman, Twenty­ James A. Gualco; Paul N. Halvonlk; Rich­ full details of this report." Fourth District. ard K. Harray and Nancy Harray; James J. Until then, the publlc justification for Gregorio, Arlen, State-Senator Elect. Herrick; Robert K. Lancefield; Daniel N. the veto of CRLA's budget remains: Van Deerlin, Lionel, House of Representa­ Hoffman. The dozen as yet anonymous cases out­ tives, 37th District, Calif. William P. Hoffman; . Hopkins, Jordan, lined in Uhler's letter to Reagan. Thomas, Vincent, Assemblyman, Sixty­ Mitchell & Sullivan, David W. Mitchell; Five documents from publlc authorities In Eighth District. George L. Houck; Richard A. Ibanez. Stanislaus County were farm-workers activ­ Song, Alfred H., State Senator, Twenty­ Jackson, Donovan &.Anton, Daniel E. ity has been heavy and CRLA active. Eighth Senatorial District. Donovan; William S. Jarvis; Thomas S. Jor­ A strongly worded letter from the Monte­ Short, Alan, Sixth Senatorial District, dan, Jr.; Lawrence K. Karlton; FrankllnT. rey County district attorney where the Sacramento-San Joaquin Counties. Laskin; Louis N. Hiken. lettuce boycott led by the followers of Cesar Sieroty, Assemblyman, Fifty-Ninth District Legal Defense Fund-Willlam Bennett Chavez and his United Farm Workers is Los Angeles County. Turnel·. centered. Royal R. Edward, 30th District, California Meldon E. Levine; Rudolph Limon; Little & The letter from the Mayor of Delano writ­ House of Representatives. Evans, Richard G. White; Lopez & Reinhart, ten to Reagan on League of Callfornla Cities Ralph, Leon, Assemblyman, Fifty-Fifth Ralph R. Lopez. stationery. District, Los Angeles, California. Howard L. Lund; D. F. Lundgren; Bruce The letter Hendry says was misrepresented. Petris, Nicholas C.. Eleventh Senatorial Maclin; Charles F. Mansfield; Peter J. Marx. A response by a Madera County super­ District, Alameda County, California. visor to a controversial questionnaire sent Pierson, David C., Assemblyman-elect, 65th LAWYERS AND JUDICIARY out by Uhler seeking crltlcism-€ven anony­ Assembly District. Mandel, William, Monterey. mous-of CRLA. Moscone, George, Tenth Senatorial Dis­ Mering, Peter, SuperVising Assistant, Pub­ A letter from state Sen. Fred W. Marler trict, Democratic Floor Leader, Senate. llc Defender, Sacramento County. Jr., Shasta County, urging a veto of the Mills, James R., Fortieth Senatorial Dis­ Mosk, Stanley, Associate Judge, Supreme appropriation. Marler said his office has re­ trict, Senator for San Diego and Imperial Court of California.. ferred poor persons to CRLA for help and Counties. Garcia, Louis, President, Mexican Ameri­ the help has been refused. He also claimed :Miller, John J., Assembly Minority Leader. can Bar Association. CRLA has "Insisted" on representing three Assembly California Legislature. Obledo, Mario, General Counsel. Mexican high school youths In Yuba City suffering Meade, Kenneth A., Assemblyman-elect. American Legal Defense & Educational Fund. disciplinary action because of long hair, even 16th Assembly District. :Meyers, Stephen Z., Beverly Hills. though the parents of one of the youths McCarthy, Leo T., Assemblyman, Nine­ Miller, Marteen J., Publlc· Defender, could afford to hire a lawyer. teenth District, Assembly California Legis­ Sonoma County. And an affidavit by a Santa Barbara deputy lature. Minkus, Leslie, Research Attorney for Jus­ district attorney alleging misconduct and McAlister, Alister, Assemblyman Elect, tice Louis Burke. unprofessional conduct by individual CRLA 25th Assembly District. Montejano, Rodolfo, Santa Ana. attorneys. Foran, John Francis, Member of Assembly, Epstein, Eugene, President, Monterey California's Democratic sen. Alan Cranston Twenty-Third District. County Bar Association. yesterday urged Carlucci to Investigate both Dunlap, John F., Assemblyman Fifth Dis­ !'.Ioore. Jack J .. Sacran"lento. the Reagan charges that CRLA had failed trict, California Legislature. Moreno, J. Hector. in its job and the Reagan Administration's Dymally, Mervyn M., Senator, California !vIoskovitz, Adolph, Sacramento. investigative procedures underlying them. Legislature. Mull, Archibald, Sacramento. December 31, 1970 CONGRESSIONAL RECORD - SENATE 44467 Nedom, Norwood, San Jose. Dosado, Antonio, Sastroviile. ,Kirschbaum, Sarah. Nervo, Frederick, San Francisco. Eraustu, Peter E., Fresno. Klein, Julle, Long Beach. Nobler, Alan, San Jose. Farfan, Maria de. Kuhl, R. J., Fresno. Nyomarkay, Ceclly, Los Angeles. Florer, Doris, Pacific Grove. Kuhl, Mrs. R., Fresno. O'Brien, Colin M., Judge, Imperial County. Forte, Riss and Mary. Lambert, Catherine, Los Angeles. O'Donnell, Thomas, San Jose. Forthman, Susan, Northridge. Lasswell, Darlene. O'Farrell, Robert, Monterey. Formaker, Gayle, San Francisco. Lawson, Robert, Thousand Oaks. .Page, Charles, Monterey. Footer, Josephine. Ledesma, Frank. Parker, Wllliam, San Jose. Foster, Herbert H., Santa Cruz. Lerner, Narclnda, Mountain VIew. Helding, Neil A., Hanford. Fraire, Josephine, McFarland. Lerner, Lawrence, Mountain View, Pinto, Robert, HolUster. France, Sylvia. LongOria, Gregory, Sallnas. Portman, Sheldon, President, CaUf. Asso- Freed, Mr. and Mrs. E., Los Angeles. Longoria, Gustavo, BaIinas. ciation of Public Defenders. Friedland, WlIliam H., Santa Cruz. Lopez, Miss A., salinas. Dossa, Alfred, San Jose. Fieno, Ramon, El Centro. Lopez, Ruth, Salinas. Reyes, Anthony, Los Angeles. Goskood, Erasmo, Calexico, Lorenz, Roger, Monterey. Rodriguez, Armando, Fresno. Garza, Nives. Lorenz, Joan, Monterey. Rosenbaum, Fred, Los Angeles. Gold, Sam, Salinas. Lott, Angela. Rosenfelt, Daniel, Del Mar. Galindo, Sevatian. Lott, James. Sater, Rex, Santa Rosa. Galindo, Maria. Llukkonen, Patricia Ann, Modesto. Sawyer, Thomas, Santa Rosa. Gavia, Carmen, Loomis. Mora, Danny, Hartnell College. Alschuler, Leon, Los Angeles. Griswold, Frank, Sacramento. McManus, M. J. Schwartz, Herbert, Pacific Grove. Glenday, David and Margaret, Turlock. McOaughna, Mrs. Rose, Pacific Grove. Scott, Howard, San Diego.. Glaspie, 010. Mae & Plant, Edna, Stockton. Moreno, Julio, Sallnas. Slllas, Herman, .Castlllo,. Jose, Gutierrez, Bruce, Katharine E., El Granada. Morgan, Donna, Modesto. Gabriel, Corrales, Arthur, Los Angeles. Blanquie, Vivienne, San Francisco. Munoz, Phyl!ls, Stockton. Skjerven, Richard, Santa Clara. Burton, Katherine, Los Angeles. Munoz, Kenny, Stockton. Slaff, George, Hollywood. Brunsting, Mr. and Mrs. C. W., Long Beach. Maxwell, Dorothy, Modesto. Smith, Chalmers, Palo Alto. Calderai, Rosalie. McAfee, Melvin, Turlock. Spottiswood; David, Sacramento. Casatu, Helen, Castrovllle. Mayer, Jerry, Pacific Palisades. Standifer, Joseph, Santa Clara. Contreras, Mr. and Mrs. Angel, Mayer, Mrs. Perry, PacIfic Palisades. Stephens, Joseph, Oakland. Carpenter, Ernest L., Sebastopol, Medrano, Teodoro. stewart, William, Judge, Salinas Municipal Castlllo, Donaciana, McFarland. Miner, Anne S., Palo Alto. Court. Castillo, Edward. MaJorado, Rebecca. Stewart, W. K., Pacific Grove. Castro, Jesse, Madera. Martinez, Amador A. Stromer, Peter, San Jose. Castro, Alberto and Maria, Lamont. Martinez, R. J., Concord. Tochterman, Ronald, Deputy DistrIct At­ Catulza, C. F., Madera. Meeks, Jeff, Lindy's Coliection Services, torney, Sacramento County.. Churchlll, Mae, Beverly mus. Salinas. Treaster, Eugene; Samuel Joseph, Sacra- Coravleler, Pacific Grove. Montemayor, Maurlco. mento. Clark, Grace E., San Francisco. Montemayor, Arleta. Urias, Frank C., Ventura. Clarke, Nancy L., Petaluma. Montemayor, Jose. Valentine, Paul, Palo Alto. Cohan, Carolyn, Pebble Beach. Martinez, Lawrence, Windsor. Vian, Theodore, Los Altos. Conaghan, Albert L., Monterey. Mudge, Anne, Santa Rosa. Villa, AI, Fresno. Cornejo, RUben. Montemayor, Maria Basilia. Vlzzard, James, Bakersfield. Cornejo, Frances. Montalvo, Richard, Madera. Walker, William, Sunnyvale. Cornejo, Jose J. Madril, Benjamin. Howard, Norman C., San Jose. Carillo, Sam C., Salinas. Madril, Priscllla. Weddell, Wlllard, Public Defender, Kern Comstock, Pamus, Salinas. Morales, Ramon. County. Co111ns, David S., Anaheim. Montemayor, Francisco. Wylie, Richard, San Jose. Copeland, Delores, Los Angeles. Martinez, Raul. Younger, Milton, Bakersfield. Clrlllo, Rosie, Stockton. Martinez, Amelia. Zisklnd, DaVid, Los Angeles. Trejo, Maria and Romen. Madril, Candy, Madera. Zulch, Thelma, Palo Alto. DeLaRosa, Leocadlo, Soledad. Martinez, Jose Angel. Gerklng, Helen, Carmichael. Mendez, Carolina, Calexico. CLIENTS, CONCERNED CITIZENS AND Gibson, Victoria, Carmel. Montalvo, Lupe, Madera. BUSINESSMEN Gonzales, Juan. Naccarato, John, Alhambra. Abbot, Veronica and Sydney, San Fran- Gonzales, Stella. Naccarato, Linda, Alhambra. cisco. Garza, Lorenzo, Madera. Navarro, Josefina, Salinas. Aguire, Juanita, Sacramento. Garza, Isabel, Madera. Nollar, Donald, Pasadena. Aguilera, Vicente. Garvin, Leonard. Nava, Ruben. Aldridge, Robert C. and Janet, Santa Clara. Guiterrez, Trinidad, Modesto. OrtiZ, Eva. Allen, R. L., Salinas. Galindo, Em1l1ano, Salinas. Osuna, Rupert, Madera. Alter, Ruth and Silvia, Los Angeles. Gremillion, Rosena. O'Brien. Mrs. James M. Alvarez, Blanca, salinas. Gracia, Odllon, Soledad. Ojinaga, Antonio M. Anker, Bernard, Modesto. Gulcho, M. G., El Centro. Pena, Azalia, Sallnas. Alvarez, Jose. Goreia, Ernesto, Greenfield. Petty, Phillip A. Huklndorn, Royce W., Jr. Pelssuld, Charles F., Pleasant Hlll. Arizmendi, Leonida, Salinas. Sallnas, Santos Jose, McFarland. Awontl, Tony, Soledad. Hargens, Marguerita, salinas. Armenta,G. Hooper, Mrs. Jeffle, Stockton. Prieto. David, McFarland. Harris. Diane, Salinas. Pena, Bertha, Sallnas. Avila, Dolores. Piercy, Darlene Escalon. AVila, Ralph. Hodges, Barbara, Salinas. Hodges, Jeff, SalInas. Smith, Stanton, Escalon. Avila, Ruben. Pierce, Mrs. Yvonn~. Bedford, Anthony, Modesto. Holmes, Judith, Marina. Halgren, Carol, San Francisco. Proctor, Dorothea E., Santa Rosa. Baumann, Ann, Santa Rosa. Revey, Naomi, McFarland. Bell, Jo, Modesto. Horton, Gregory LLT, SIGC. Hawkins, Mrs. Lee, Stockton. Rankin, Jeannette. Carmel. Benitez, Connie, Salinas. Reyes, Andrea, Kings County. Berwanger, Conrad, Torrance. HaWkins, Lee, Stockton. Hudson, Arlene, Sacramento. Reyes. Jose, Salinas. Bergtholdt, Chris, MarySVille. Robinson. Elizabeth. Manhattan Beach. Bulalcll, John. Houston, Tom, Pebble Beach. Houston, Geraldine, Pebble Beach. Rios, Santiago. Soledad. Bennett, Brenda. Rivas, Yolanda. Blair, Marllyn and Bruce, Whittier. Hernandez, Jerry, Sallnas. Jacobs, Linda, Salinas. Rivera, Juan Blagg, Frederick, Guerneville. Rivera, Maria. Brink, Howard. Jenkins, LUlu, Modesto. Jensen, Mrs. R. B., Salinas. Roe, Ruth L., Peseda. Brown, Beatrice, Los Altos. Romero, Mariana. Beneficial Finance System, Nickel, George de Jesus Juarez, Maria, Calexico. D., San Francisco. Johnson, Tom. Romero, Maria Loreto.. De Los Santos, Angeliqsus, Soledad. Juarez, Luis, Calexico. Ross, James A.. Waterford. . Diaz, Margarita. Madera. Juarez, Socomo Gomez, Calexico. Ross, Dolores, San Francisco. Diaz, sergio, Salinas. Jurey, Harry, Canoga Park. Roslllo, Jose, Monterey. Deft'ano, Ellgio. Kanal, George, San Pedro. Ramirez, Maria, Salinas. . Dinwoodle, S. David, Petaluma. Kay, Victor, Los Angeles. Rufener, Sharon, San Francisco. Duncan, Mildred A., Salinas. Kay, Eleanore, Los Angeles. Robinson, Opal. 44468 CONGRESSIONAl),RECORD,»SENATE Rubio, Reyes, Jr. Martinez, Bertha, MonterllY Park. Michael English,' . Sanchez, Jessie S., Sacramento. Lunsford, Arlene, Monterey Parit. David F. Flanagan,'M.D,' Caevedra, Molly, Calexico. Lunsford, Ross H., Monterey Park. R. J. Frie, MD. ',' " '. ? Sallnas, Beatrix, l\IcFarland. Belllnger, Opel,Monterey Park. Frederick B. Glllette, Pirectpr, CO'\lJ?~Y of Salazar, Victor. Belllnger, Jack C., Monterey Park. Santa Clara Welfare DepartInent. ' ',; Salazar, Mary. Kakome, Ben, Monterey Park. Donald Higgins, M.D. Salazar, Margaret. Kakome, Marge, Monterey Park. Thomas L. Hodges, Principal. Sanchez, Juanita, Calexico. Esparza, Tony, Monterey Park. Venture Huerta. Arce, Ramon, Calexico. Jones, Arthur, Monterey Park. A. Karperos, Director of Special Services, Sandoval, Adellna, Calexico. Torres, Arthur, Monterey Park. Yuba City Unified School District. Sandoval, Yolanda, Calexico. Hoffman, Rosa, Sonoma. Anne E. Kenyon, Mathematics Department, Sandoval, Irma, Calexico. Buttz, Mary, Sonoma. Whittier College. Scluff, Jusita, and Cleavor. Vallee, Gloria, Vineburg. Richard Kueny. Segovia, Trinidad, Mrs. Vallee, Glenda, Vineburg. Peter Lee. Seloza, Bertha. Tlninger, Mary Ann, Sonoma. Dario L. Marenco, D.D.S. Selz, :Mrs. Anne J. Wade, Harold M., Sonoma. Anna Marie MaiteI. Serna, Guadulupe. Crain, Mrs. Ronald, Sonoma. Ismael Mejia, Gaullan COllege. Soriano, Arthur. Wade, Harold M., Sonoma. Karen Ott, Juvenile Group Supervisor, San Severson, A. C., Modesto. Crain, Mrs. Ronald, Sonoma. Mateo County Juvenlle Hall. Shumpert,Deborah, Los Angeles. Wilson, Earl, Sonoma. John Peshkoff, Special Services, Monterey Smith, Daniel, Mrs., Los Angeles. Wilson, Luetta, Sonoma. County, omce of Education. ' . Smith, Sydney, Pasadena. Hardesty, Mr. and Mrs. H., Sonoma. Robert W. Peterson, Associate Professor of Stein, Louis, San Francisco. Smithe, Dorothy, Boyes Springs Law, University of Santa Clara. Strom, Robert E. Buttz, Bess, Sonoma. Mrs. Sue. Powell, Vice President, Early Strong, James. Vandecar, Harold, Sonoma. Childhood Education Center. Switzer, Rose M., Modesto. Vandecar, Jacqueline. Don C. Quisenberry, Director, Stanislaus Heier, June, Modesto. Seaman, John. County Welfare Department. Toner, Fannie L., Salinas. Vallee, Ray, Vineburg. John Ornealz, EOP Director, Gauilan Col­ Torres, A. Thomas, Venice. Romp, Ellna, Boyes Springs. lege. Todd, Ella K., San Luis Obispo. Romp, Frank, Boyes Springs. San Francisco Home Health Service, John Vargas, David J., Cabrlllo. McNaught, Virginia V., Sonoma. L. Bricker, President. Ortez, Lupe, Madera. Master, Terri, Santa Rosa. Wllliam A. SChmick. Vargas, Rose, Calexico. Bond, Nancy, Santa Rosa. Gary C. Shaw, Assistant Professor, Depart­ Vargas, Jose, Calexico. Chapman, Dorothy F., North Fork. ment of Political Science, Stanislaus State Valdez, Jesus. Chapman, Ava, North Fork. College. Valenzuela, Paul P. Goodwin, Margaret, Madera. Robert F. Thompson, MD. Valenzuela, Angie. Woodward, Myrtle, Madera. John S. Williams, Associate Professor of Vargas, Roberto. Garcia, Hope, Madera. Humanities. Vasquez, Maises, Salinas. Phlllips, Wes, Chowchllla. Russell Wllliams, MD. Velaquez, Randy. Cubbs, Damon, Chowchllla. Vilez, Edna, McFarland. O'Brien, T. D., Madera. LABOR AND ORGANIZATIONS Velez, Diego, McFarland. Moreno, Sally, Fresno. AFL-CIO, Los Angeles County Federation Vigil, Juan S., San Jose. Castro, Esther, Fresno. of La.bor, Sigmund AryWitz, Executive Secre- Viros, Adeline, McFarland. Benavedez, Sally. tary. ". , Vera, Jose R., Gilroy. Casfire, Ellza. American Friends Service Committee, In­ Valenzuela, Gilberto, Calexico. Casper, Arthur M., Madera. corporated, Northern California Regional Valenzuela, Rosa, Calexico. Del Rio, Esther, Madera. Office. Whitcomb, Ruth M., Carmel. Park, Alvin, Chowchllla. American Friends Service Committee, Pa­ White, Douglas, Santa Barbara. Park, Mary Ann. cific Southwest Region. Walker, Robert C. Guidino, Porfirlo, Madera. Building & Construction Trades Council of Wherrett, Norman L., San Mateo. SepUlveda, Florencio, Madera. Monterey County, Russel S. Hansen, Sec­ Willlams, Joseph J., Madera. SepUlveda, Dionicia, Madera. retary. Wilson, Mildred, Modesto. Estrada, Jose RUben, Merced. California Farmer-Consumer Information Webb, Gien and Shirley. Eustar, Ofella, Madera. Committee, Grace McDonald, Executive Sec­ Wiltz, Mrs. Robert, San Francisco. Carrlllo, Antonio, Merced. reta.ry. Winter, Robert, Calexico. Aguilar, Frank, Madera. Schmidt, Mrs. T. R., Member Callfornia Zozueta, Carmen. Nunez, Linda, Madison. Migrant Commission. Jones, Nolan and Emma, Arvin. Madril, Angelita, Madera. Case De Amistad Community Center, Al­ Block, James C., Arvin. Johnson, Tommy, Madera. bion Kovar, Director. Hastings, Etta, Arvin. Madril, Candelaria, Madera. Chicano Organization for Political Aware­ Dickey, Marion, Arvin. ness, Joe Serna, President. Dickey, Jean, Arvin. HEALTH, EDUCATION, AND WELFARE Community service Organization, Madera, Gray, Mrs. and Mr. E., Arvin. Stuart Allan, AdmInistrator, Rural Health Call!. Jones, Emma, Arvin. Project. Confederation De La Raza Unlda, Jose Vas­ Harl, Mr. and Mrs. G., Arvin. Paul M. Allan, Jr., Director, Sonoma quez, President. Glover, Edith, Arvin. County Social Service Department. Construction and Shipyard Laborers Union, Ellls, Gladys, Arvin. Peter L. Besag, Ph. D. Local 802, Elmer B. Lowery, 'Secretary- Thurncond, Pearl, Arvin. Robert P. Binns, Superintendent, Salinas Treasurer. .. Thurmond, Hillard, Arvin. Union High SChool District. Council for Civic Unity of the San Fran­ Ellls, C. W., Arvin. Dr. and Mrs. George Blum. cisco Bay Area, John Riordan, President; Quisick, Vennie, Arvin. Dr. Louis Bernoff, Administrator, Los An­ Eugene B. Block, Executive Director. Musick, M.S.. Arvin. geles City Schools. Harbor Human Relations .Councll, 'Idalia Satterfield, Mitchell, Arvin. Erwin H. Braff, M.D. Chestnut, President. Satterfield, Edna, Arvin. Dr. Ben G. Burnett, Professor of Political Human Relations Counell of Conejo Valley, Lutrel, Walter, Arvin. Science. Betty La.nglois, President. Lutrel, Mabel M., Arvin. Olivia L. Campos, Health Aid for Family Iglesia de Nuestra Senora de Guadalupe, Jennings, James Allen, Arvin. Planning. Rev. Keith B. Kenny. Beringer, Barbara, Pasadena. Catholic Welfare Bureau, Msgr. James T. Inland frea Urban League, Amllate of the Hawley, Helen, Pasadena. Mulllgan, Director. National League, Jesse Wall, President. Hawley, Victor, Pasadena. Carmen G. Chavez. League of Women Voters of California, Mrs. Pool, Robert, Pasadena. William Dale Crist, Assistant Professor, Edward Rudin, President. Matacovich, L.. Pasadena. Department of Economics, Stanislaus State Mexican American Political Association, Hawley, Christine, Pasadena. College. Northern Region. Goldberg, M., Pasadena. Haven R. Doane, D.D.S. Mexican American Political Associa.tlon, Goldberg, H., Pasadena. Joanne Dansky, Coordinator, Ambulatory Rosevllle Chapter. Damovesdky, Maxine, Pasadena. and Community Medicine at S.F. General Mexican American Polltice.l Association, Anderson, Anne, Pasadena. Hospital. Main omce, John G. Contreras, MAPA Chair­ Valencia, S., Monterey Park, Walter A. Eagan, Superintendent, Sonoma man. Valencia Salavador, Monterey Park. County Office of Education. National Associa.tlon for the Advancement Marquez, J. D., Monterey Park. Mrs. Jane Eger, M.S.W. of Colored People, Richard O. Bass, Presi­ Yanez, Romelia, Monterey Park. Donna English. dent, Los Angeles Branch. December 31, 1970 CONGRESSIONAL RECORD-""SENATE 44469 National Association for the Advancement University of California, Los Angeles, Davis, De Willlan, M.D., Rodrigo Terronez of Colored People. Leonard Carter, Regional SChool of Law, Associate Dean and Professor, Memorial Cllnic. Delano. Director, New York. Visiting Professor, Thomas" 1.. Shalfer. De Flores, Julia Pina. National Association for the Advancement StUdent, Ruth A. Valpey. Hlll, Dennis. of Colored People, Lucian James, President, United Mexican-American Council, Saints Imperial Yalley Chapter. " " RELIGIOUS ORGANIZATIONS-IND!'X Gonzalez, Chairman. National Association for the Advancement Sister Anthony Maria S.A;, Superior, Our Gonzales, Lolo, Delano. of Colored People, Curtis bollier, President, Lady of Guadalupe Convent. Cruz, Bonnie, Lamont. Madera Branch. Father Sid Austodu. Schuetz, Finkelstein, Frey, Attorneys at National Association for the Advancement Father Aibert Battayliola. Law, Bakersfield. of Colored People, Charles E. Belle. Presi­ Reverend Willlam Macchi, Associate Direc­ Our Lady of Guadalupe Church, Father dent, San Francisco Chapter. tor. Cathollc Charities, Diocese of Oakland. Ed Fronske. National Organization for Women, Mem- Cathollc Community Services (Rev, Ken­ Inego, Mercedes. ber, Brenda Brush. - neth P. Bubb, Assistant Director). National Organization for Women, Aileen Centro San Fellpe (Rev. Joseph E. Bishop, BAa SUPPOllT C. Hernandez, President. Director). The Bar Association of San Francisco. Central Oalifornia Development Corp., Al­ Assistant Pastor John J. Cloherty. fred Navarro, Executive Director. Chicano Priests' Organization (Rev. James Los Angeles County Bar Association. National Organization for Women, Mrs. P. McEntee, President). Sacramento County Bar Association, Lois H. SCott. Congregation, Christ the Good Shepherd newspaper quotation. Protective Councll of California senior Episcopal Church. Santa Clara County Bar Association, at­ Oitlzens, Inc., James DeWitt, President. Rev. and Mrs. George L. Colllns. torney quotation. Retall Stores Employees Union, Local 428 Commission on Social Justice. Archdiocese Monterey County Bar Association. AFL-CIO, Victor J. Lazzaro, Business Repre­ of San Francisco (Rev. Eugene J. Boyle). sentative. Community Services, Roman Cathollc Dio- EDrrollIALS Border Development Program, Imperial cese (Wllllam Espinosa. Director) . Los Angeles Times. County, Joe Rodriguez. Thomas K. Farley. Sacramento Bee. The Sacramento Central Labor Councll, Reverend Ruth Gumm. Santa Barbara News-Press. Joseph J. Selenski, Executive Secretary. Reverend M. Huerta. The sacramento Fair Housing Group, Ed­ Reverend Naaman N. Haynes. [From the Los Angeles Times, Dec. 29,19701 win Irwin. J. Davis Illlngworth. Sacramento Single Mens self-Help Group, CRLA DESERVES FEDERAL GRANT Japanese Evangellcal Missionary Society The Callfornia Rural Legal Assistance. Inc. Inc., Abel Chacon, President. (Rev. Dr. Paul M. Nagano, Executive Di­ San Francisco Civic Center Forum, Edward rector) . has achieved considerable success in rep­ Valenzuela. resenting the poor-and in antagonizing Los Angeles Jewish Cultural & Fraternal Gov. Reagan. San Francisco Senior Center. Wil11am R. Club (Nathan Garfield, President). Rothier, Executive Director. Vincent Martin, O.S.B. It came as no surprise, therefore, that Self Help Housing Program, Juan Tamez, Kenneth McClain. CRLA's new $1.8 m1l1ion federal grant was Director. Thomas S. McMahon. vetoed by the governor, Who strongly ob­ Senior Citizens Organizations in Califor­ Russell S. Orr. jects to such a pub11cly supported organiza­ nia, James Carbray, Executive Board Mem­ Parish of St. Peter (Rev. Lawrence Pur­ tion fillng lawsuits against publlc agencies. ber. cell) . In announoing his veto Saturday, Rea­ Sierra Club, Michael McCloskey, Executive Presbyterian Interracial Councll (Rev. gan charged the CRLA with "gross and de­ Director. Charles W. Doak, President). liberate Violations" ot federal regUlations The Social Planning Councll of santa Clara Walter S. Press. and said that it had failed to represent the County, Robert E. Lawson, President. Santa Clara County Council of Churches true legal needs of the poor. But his major Soledad Development Corp., Joe Ledesma, (J. Kenneth"Tjofiat, President). complaint has been that CRLA lawyers rep­ Chairman of the Board. Senate of Priests, Archdiocese of san Fran­ resented the poor too well against the state, Spanish Speaking Community Action Cen­ cisco (Very Rev. J. Warren Holleran, Pres­ federal and local governments. ter, Inc., Oakland, Raymond Hernandez, ident) . The U.S. Office of Economic Opportunity, President of the Board. Synod of the Golden Gate (J. Davis Illing­ which increased the CRLA grant fur the Spanish Speaking Unity Councll, James worth). coming year, obviously didn't agree with the Deigadlllo, Chairman. United Church of Christ, Southern Cali­ governor. CalifornIa Rural Legal Assistance Stanislaus National Councll of Senior Citi­ fornia Conference (Fred P. Register. Confee­ is "commonly recognized as one of the best zens. Inc., E. G. Hackler, Director. ence Minister). legal services programs in the nation," said University of Callfornia Clerical, Techni­ West Coast Coalition Of Priests & Sisters OEO Director Donald Rumsfeld less than a cal & Professional Employees, Local 1695, (Rev. James P. McEntee, ChaJrman). month ago. American Federation of State, County & OEO can override the governor's veto. We Municipal Employees AFL-CIO, Susan Drud­ MISCELLANEOUs-LATE AlIRIVALS believe it shOUld be overridden, unless a ing Jones, Secretary. Sonoma County People for Economic Op­ compromise can be worked out with the Ver-Ni QUality Homes, Inc., Vertis D. portunity, Peter Martinez. Chairman, SCPEO Reagan Administration that does not di­ Spigner, President. Board of DIrectors. minish the elfectiveness of the CRLA's ef­ Windsor Home Owners Association, An­ General Truck Drivers, Warehousemen and forts. tonia Mendoza, secretary. Helpers Union, Local No. 980, Stanley C. Max­ A group of lawyers providing legal .serv­ Women for Legislative Action, Helen Sel­ well, Secretary-Treasurer. ices to migrant farm workers and the rural den, Legislative Co-Chairman. Western Region Legal Services Directors poor by means of public SUbsidies is bound Woodv1lle Independent Tenants Associa­ Association, John O. Stewart. to be controversial. especially when their tion, Clemente Benavidez, secretary. Legal Aid Society of Cleveland, C. Lyonel lawsuits furce major and potentially costly Jones, Director. changes in such government programs as LAW SCHOOLS, FACULTY, LAw STUDENTS ROdda, Albert S., State Senator. welfare and Medi-Cal. University of SOuthern CaIlfornia, SChool Karablan, Walter, Assemblyman. CRLA nevertheless is endorsed and sup­ of Law, FacUlty and Administration. League of ,Vornen Voters of California, Mrs. ported by the California State Bar, and the Golden Gate COllege School of Law, Dean Edward Rudin, President. Los Angeles, San Francisco and other local J. Lani Bader. Gualco, Reynold J. bar a.ssocia.tions as well as the ConlIn.!t tee University of Ca11fornia, Berkeley SChool Sacramento Central Labor Council, Joseph on Legal services of the American Bar Assn. of Law. StUdent Margo Hagaman. J. Selenski, Executive Secretary. It must be assumed that these organiza­ Loyola University SChool of Law, Leo J. Teale, Stephen P., State Senator. tions carefully examined the goals, policies O'Brien, Dean. Warren, Charles, Assemblyman. and professional conduct of the CRLA be­ The University of Sante Clara School of CIty of Carpinteria, Allan R. Coates, Jr., fore giving their endorsement. Law, Dean George Alexander. Mayor. Gov. Reagan based his veto upon a memo Stanford Law School, Thelton Henderson, Murphy, Joseph P. Jr., Judge of the prepared by Lewis K. Uhler, state director Assistant Dean. Superior Court County Of SOnoma. of economic opportunity, who said that the University of California, Berkeley, SChool American Jewish Congress, Joel D. Brooks, CRLA has "failed in its mission because it of Law, Student Petition. Director. has elected to devote much of its resources University of California. Los Angeles, Gibbons, Earle J., Judge, Bakersfield to objectiVes clearly outside the scope of SChool of Law, Law Teacher, Kenneth Karst. Municipal Court. serving the legal needs of the poor ... These University of California, Los Angelea, Locke, John, JUdge of the Superior Court. diversions from its major mission include, School of Law, Acting Professor, Henry Mc­ Retail Clerk's Union, Local No. 137, Mel but are certainly not limited to, the repre­ Gee. Rubin, Secretary-Treasurer. sentation ot people charged with crimes, University Of Callfointa, Los Angeles, Bradley, Thomas, Councilman, City Of Los use Of legal processes to harass publlc and School Of Law, Dean Murray L. SChwartz. Angeles. private organizations .••" A44.70 ~ONGRESSIONALREc;:qRD.-.... ,SENATE SOme specific cases were cited by Uhler, SAN FRANCISCO, CALIF., BAN FRANCISCO, CALIF., presumably based upon a controversial ques­ December 30, 1970...... l)ecemper 29, 1970. tionnaire he circulated in search of "infor­ senator ALAN CRANSTON, Senator ALAN CRANSTON,·· . mation" concerning CRLA activities. Senate BUilding, Senate Office Building, Each complaint should, of course, be in­ Washington, D.C.: Washington, D.C.: . vestigated and corrective action taken where Override of Reagan's veto C.R.L.A. fund­ We, the California GI Forum, are outraged Justified. But unless Uhler's staff has found ing vital. Suggest no confirmation of Car­ by Governor Reagan's veto of CRLA; CRLA substantial fiaws that have escaped local, lucci until override established. has helped many of our members. We want state and national bar organlza.tlons, the RICCARDO A. CALLEJO, you to do everything possible to see to it CRLA should be allowed to continue serving counsel, Spanish-Speaking Sur-Named that this veto is overridden. We understand as advocate for the needy. Political Association. that Mr. Carlucci, the President's appointee "The poor must have effective legal rep­ as Director of OEO, is coming up for con­ resentation," said Rumsfeld, now counse­ PASADENA, CALIF., firmation on Wednesday, December 30, 1970. lor to President Nixon, "it they are to have December 30, 1790. We respectfully request that, unless Mr. Car­ faith that justice is trUly equal and that Senator ALAN CRANSTON, lucci overrides the CRLA veto, you should it can be achieved Within the existing sys­ Senate Office BUilding, oppose its confirmation. temof law." Washington, D.C.: Yours very trUly, As citizens who are concerned about the BAR LEADERS URGE OEO ACTION ON REAGAN L. H. Lou CORTEZ, needs of the poor people of California, We, President, Califomia GI Forum. VETO OF CALIFORNIA LEGAL SERVICES PRO­ P.E.H.N.O. are in favor of a full Federal grant GRAM for the CalIfornia Rural Legal Assistance. WASHINGTON, D.C.-Leaders of the orga­ GARDEN GROVE, CALIF., immediat~ PASADENA COMMISSION ON HUMAN NEEDS December 29,1970. nized bar today urged action AND OPPORTUNITIES. by OEO to assure the continuance of the Senator ALLEN CRANSTON, Washington, D.C.: California Rural Legal Assistance Program MONTEBELLO, CALIF., (CRLA). The CRLA grant application for CRLA essential to protect legal rights of December 30, 1790. rural poor. Encourage Carlucci approval. 1972 was vetoed by Governor Reagan on Senator ALAN CRANSTON, December 26. LEAGUE OF WOMEN VOTERS OF Washington, D.C.: ANAHEIM-GARDEN GROVE. In a telegram to OEO Acting-Director, lVIAPA wishes to make known our full sup­ Frank Carlucci, the bar leaders stated that port for CRLA. Mr. Frank Carlucci's appoint­ reports of Reagan's action raised serious ment should be withheld should he choose SAN RAFAEL, CALIF., questions regarding the timing of the veto to heed the need of the people as opposed to December 29,1970. and the observance of minimum standards the deeds of Governor Reagan in his recent senator ALLAN CRANSTON, of administrative due process. The telegram veto of CRLA program. Washington, D.C.: further noted that CRLA had been cited as PAULA JIMENEZ, Bravo for your support for the CRLA pro­ the "outstanding legal services project" by Metro Regional Director. gram. Our members believe that this pro­ the National Advisory Committee on Legal ABE TAPIA, gram is a vital step in the process of guar­ services in 1968 and had gained a national National President (MAPA). anteeing equal opportunity to all California reputation for significant victories on behalf citizens and we are working hard to restore of the poor. TIBURON, CALIF., the program for our State. The telegram was signed by John W. Dou­ December 30,1970. JAMES GOOD, glas, President of the National Legal Aid and senator ALAN CRANSTON, President, League of Women Voters Defender Association; Edward F. Bell, Pres­ Washington, D.C.: Of Central Marin. ident of the National Bar Association; Jacob Tile members of the League of Women D. Fuchsberg, Past-President of the Ameri­ Voters of Southern Marin support your ef­ can Trial Lawyers Association; and John D. fort urging an override of Governor Reagan's DECEMBER 28, 1970. Robb, Chairman of the American Bar Asso­ veto of the california rural legal assistance senator ALAN CRANSTON, ciation's Standing Committee on Legal Aid program. We feel this program is vital in Senate Office Building, and Indigent Defendants. attempting to achieve equal justice for all Washington, D.C.: Governor Reagan of California announced citizens. The 700 members of the Stanislaus County on Saturday, December 26, his veto of the Mrs. MARLENE KAULUM, Tenants Rights Assn., urge you to take lead­ CRLA OEO grant application for 1972. Rea­ President. ership and fight to have CRLAfunds main­ gan's veto, five days before the expiration tained. of the Program's current funding, can be BERKELEY, CALIF., JOHN LASSWELL, overridden by the Director of OEO. December 30,1970. President. FollOWing is the text of the telegram to Senator ALAN CRANSTON, Carlucci: Senate Office Building, POM AUIlURN, CALIF., "Bar organizations gravely concerned over Washington, D.C.: veto of California Rural Legal Assistance December 29, 1970. Urge overturn Reagan's veto California Senator ALAN CRANSTON, grant by Governor of California. Reports rural legal assistance and full funding of raise serious questions regarding timing of Senate Office Building, their grant. Washington, D.C.: veto and observance of minimum standards BERKELEY LEAGUE OF WOMEN VOTERS. of administrative due process. Program was Protest Governor's veto of CRLA. Counties cited as 'outstanding legal services project' first priority. Legal service demand veto over­ INGLEWOOD, CALIF.. ride. by the National Advisory Committee on Legal December 29, 1970. Services in 1968. Also merited consistent ap­ DAVID POLLARD, senator ALAN CRANSTON, Placer Community Action, Inc. proval in intensive OEO evaluations and U.S. Senate Building, earned national recognition for significant Washington, D.C.: victories on behalf of the poor. Urge imme­ I request, on behalf of the entire Caii­ WASHINGTON, D.C., diate action to assure continuance of CRLA.' fornia LULAC. membership, that you take December 29, 1970. the necessary action to Withhold the con­ Hon. ALAN CRANSTON, SAN FRANCISCO, CALIF., firmatlon of Frank Carlucci as Director of New Senate Office BuiUIing, December 30, 1970. Washington, D.C.: Senator ALAN CRANSTON, the U.S. Office of Economic Opportunity until the refunding of the CRLA program is Immediate continued funding of Callfor­ U.S. Senate Office Building, assured. I strongly urge your support to this nia rural legal assistance program is vital WaShington, D.C.: to the interest of·poor peopl/'. in California Text of following message sent to Frank action. FRANK GALAZ, and to continued access to the Courts. Frank Carlucci, Acting Director: CRLA serves so­ Carlucci should not be confirmed as direc­ ciety as a whole by exemplifying judicial California State Director, League Of United Latin American Citize'ns. tor of OEO until he has assured such funding vindication of the legal rights of the poor. and overridden Reagan veto. Governor Reagan's veto appears to repre­ CHARLES R. HALPERN, sent refutation of the defense of those rights. SARATOGA, CALIF., Director. We urge you to fund CRLA over Governor December 29, 1970. Reagans veto. Senator ALAN CRANSTON, Signed Abraham Goldstein, Dean Yale Senate Office BuiUIing, SALINAS, CALIF., Law School; Derek Bok, Dean Harvard Washington, D.C.: December 29, 1970. . Law School; Bayless Manning, Stan­ We urge your continued support of Cali­ Senator ALAN CRANSTON, ford Law School; Michael Sovern, fornia rural legal assistance despite Governor Washington,· D.C.: Dean Columbia Law School; Bernard Reagan's veto. It law and justice has any meaning over­ Wolfman, Dean University of Penn­ JOYCE REESE, ride CRLA Veto. sylvania Law School. President. JUDY GIESEY. Dece'Jr/,ber 31, 1970 CONGRESSIONAL RECORD-SENATE 44471 COSTA MESA, CALIF., DELANO, CALIF., EL CENTRO, CALIF., December 29, 1970. December 29, 1970. December 29, 1970. Senator ALAN CRANSTON, Senator CRANSTON, Senator ALAN CRANSTON, Senate Office Building, Washington, D.O.: Senate Office Building, Washington, D.C.: Please override the CRLA veto. We need WaShington, D.G.: Please lend support to override of Reagans legal assistance for the poor. They're great. Do not confirm Carlucci unless he overrides veto of CRLA program. NEW HORIZON CLUB. Reagan CRLA veto. HELENE HOLLINGSWORTH. OLLIE RODGERS, President. SAN DIEGO, CALIF" DELANO, CALIF., December 29, 1970. December 29, 1970. Senator ALAN CRANSTON, Senator ALAN CRANSTON, MODESTO, CALIF., Senate Office Building, Washington, D.C.: December 29. 1970. Washington, D,C.: Override veto CRLA. We need them. We Senator ALAN CRANSTON, I encourage your efforts toward an override need legal aid for the poor. Senate Office Building, of Governor Reagan's Veto on CLRA appro­ McFARLAND, CALIF.' Washington, D.G.: priations. Strongly urge you to take leadership in LA DONNA HATCH. pressing for Immediate override of CRLU HUNTINGTON BEACH, CALIF., veto. WASHINGTON, D,C., December 30, 1970. STEVEN HADERFELD. December 29, 1970. Senator ALAN CRANSTON, Senator ALAN CRANSTON, Senate Office Building, New Senate Office Building, Washington, D.C.: DELANO, CALIF., Washington, D.C.: Please lend support to overriding Governor December 29, 1970. Reagan's veto of CRLA. Senator ALAN CRANSTON, We wish to protest the veto of Callfornia Washington, D.C.: Rural Legal Assistance by Governor Reagan Mrs. JACK TuRK, and hope your committee can persuade Mr. President, League 01 Women Voters. In interest of justice for poor urge you Carlucci to override the veto. CRLA was des­ take leadership In saving CRLA. ignated the best legal services program in SAL SANTOS. the country. We have had expensive deallngs BAKERSFIELD, CALIF., with this project and have found them to be December 29, 1970. SACRAMENTO, CALIF., highly professional, ethicai, and dedicated to Hon. ALAN CRANSTON, December 29, 1970. the interest of the poor. They have been of U.S. Senate Building, Senator ALAN CRANSTON, immeasurable assistance to senior citizens in Washington, D.C.: Senate Office Building, Callfornla and have been a great resource for 1,100 Callfornla retail clerks urge you Washtngton, D.G.: our OEO funding detalls at your request. override CRLA fund veto. Add our names to signatures on Tunneys WILLIAM R. HUTTON, MEP RUBEN, letter to Mr. Carlucci Laqs for government Executive Director, National Council Secretary-Treasurer, Retail Clerks also. 01 Senior Citizens. Union, Local 1376. Mr. and Mrs. AMOS J. SWARTZ.

PACIFIC PALISADES, CALIF., DECEMBER 29, 1970. DELANO, CALIF., December 29, 1970. Hon. ALAN CRANSTON, December 29, 1970. Senator ALAN CRANSTON, Senate Office Building, Senator ALAN CRANSTON, Washington, D.C.: Washington, D.C.: Senate Office Building, As Callfornla taxpayers we oppose Gover­ Large numbers of lawyers in my firm de­ Washington, D.C.: nor Reagan's veto of CRLA funds. plore Governor Reagan's veto of the CRLA We urge you uphold Governor Ronald Rea­ WILLIAM and ROSEMARIE SCHALLERT. appropriation. Copies of our letter to the gan's veto of Callfornia rural legal assistance. governor urging him not to veto the appro­ We have seen much misuse of this agency priation have been forwarded to you and to DELANO, CALIF., In the schools of this area and also against Frank Carluccl who I understand will shortly our city government. December 29, 1970. be before you for confirmation. We are un­ Senator ALAN B. CRANSTON, HAROLD, GLORIA, CHERYL, KATHLEEN, aware of his views. I know that It is unneces­ LAWRENCE NELSON. Washington, D.C.: sary for us to urge you to do all in your Don't allow discontinuance of legal serv­ power to persuade the administration to up­ ices from CRLA for our rural poor. hold the appropriation. It would be a tragedy DELANO, CALIJ'., TOM ARIZON, if this fine organization were to be cut off December 29, 1970. Kern and Kings C01tnttes Director, Sell­ from Its essential and highly successful mis­ Help Rousing Enterprises. Senator ALAN CRANSTON, sion. With all best wishes to you and Geneva Washington, D.C.: for the coming year. We urge you to use your power as Sena- FRANCIS M. WHEAT. EL CENTRO, CALIF., tor to get veto of CRLA over-ridden. December 29, 1970. Sis CARMEN MARIA DURON, Senator ALAN CRANSTON, and Mrs. MARIO SOT, Senate Office Building, WASHINGTON, D.C., Mr: Washington, D.C.: December 29, 1970. LILY AVVAREZ, Do not confirm Carlucci unless he over­ ALAN CRANSTON, rides Reagan's CRLA veto. U.S. Senate, Washington, D.C.: BAKERSFIELD, CALIF., OLLIE RODGERS, December 30,1970. President, Imperial County NAACP. Callfornia rule legal assistance program GOLBERT LOPEZ. has long been recognized as one of the most Senator ALAN CRANSTON, creative and effective program offering legal Washington, D.C.: assistance to th~ poor. Governor Reagan veto Communicating support Governor Reagan's MERCED, CALIF., of CRLA is politicaliy' inspired and Wholly veto of cancerous Callfornia rural legal as­ December 29, 1970. unsupported. Urge you to oppose the con­ sistance grant. Let it die. Senator ALLEN CRANSTON. NURL RENFRO. Washington, D.C.: firmation of Frank Carlucci as Director of Urge you to work to override bad veto by OEO until he demonstrates his commitment Reagan of appropriation for CRLA. to the cause of poor people by overriding Los ANGELES, CAL!!'., M. BESSEMER. without any conditions Governor Reagan's December 30,1970. veto. ALAN CRANSTON, WASHINGTON RESEARCH PROJECT ACTION U.S. Senate Office Building, RICHMOND, CALIF., COUNCIL. December 29,1970, Washington, D.C.: Hon. ALAN CRANSTON, We urge you to support the commendable U.S. Senate Building, SAN BERNARDINO, CALIP'. effort by Governor Ronald Reagan to save Washington, D.C.: Senator ALAN CRANSTON, the taxpayers wasted dollars by vetoing CRLA Support President Nixon in approval of Washington, D.C.: funds. Every taxpaying voter In Callfornia $1.8 mlllion CRLA fund vetoed by Governor Please heip override Governor Reagan's wlll appreciate your positive support of the Ronald Reagan. veto of CRLA program. Governor In this matter. THE OFFICIAL BOARD AND PASTOR DAVIS BERNICE SMAHA, Sincerely concerned voters, CHAPEL. President, League 01 Women Voters. Mr. and Mrs. M. M. GUERRERO. 44472 CONGRESSIONAL .RECORD -... SEN.A,TE December '31,1970

Los ANGELES, CALIF., SAN FRANCISCO, CALIF., BBR~LEY, CALIFORNIA, December 30,1970. December 30, 1970. December 30, 1970. Senator ALAN CRANSTON, Senator ALAN CRANSTON, Senator ALAN CRANSTON, U.S. Senate Office Building, Senate Office Building, Washington, D.O.: Se1l.4te Office Building, Washington, D.O.: Excellent move on your part. 100 percent Washington, D.O.: Urge you to use aU Inlluence possible to support. Urge overturn Reagan's veto Callfornla counter Reagan veto of CRLA funds. MARV PARKER. rural legal assistance and full funding of JOHN TRIMBLE. their grant. BER~LEYLEAGUE OF WOMEN VOTERS. RICHMOND, CALIF., STOCKTON, CALIF., December 31, 1970. December 27,1970. SAN FRANCISCO, OALIF., ALAN CRANSTON, Senator ALAN CRANSTON, December 29, 1970. Senator, Rayburn Building, Senator ALAN CRANSTON, Washington, D.O.: Washington, D.O.: U.S. Senate Office Building, We heartily support your stand of the Worse fears realized. Reagan vetos CRLA. Washington, D.O.: Carlucci appOintment. Callfornla rural legal Text of follOWing message sent to Frank Join others and apply pressure to Carlucc!. assistance should-must be allowed to con­ JOHN S. WILLIAMS. Carlucci, Acting Director, OEO omce, 1200 tinue their legal constructlve efforts In aid­ 19th NW.. Washington, D.C.: CRLA serves Ing the poor. Mr. Carlucci Should-must STOCKTON, CALIF. society as a whole by exemplifying judicial Senator ALAN CRANSTON, override Governor Ronald Reagan's veto on vindication of the legal rights of the poor. Washington, D.O.: their 1970-71 grant. We are hopeful that Governor Reagan's veto appears to represent other courageuos senators will join you until We Implore you to do whatever you can refutation of the defense of those rights. CRLA has again been funded. We urge you to fund CRLA over Governor to override Reagan's veto of CRLA funds. JOSEPH BAILEY, JOHN and LOIS PEARSON. Reagan's veto. FRED READING, Abraham Goldstein, Dean Yale Law SANDRA J. READING. SAN DIEGO, CALIF. School; Derek Bok, Dean Harvard Senator A. CRANSTON, Law School; Bayles Mannlng Stan­ WaShington, D.O.: SANGER, CALIF., ford Law School; Michael Sovern, I am strongly opposed to Regan CRLA veto. December 31, 1970. Dean Columbia Law School; Ber­ Please act to reinstate funds. Senator ALAN CRANSTON, nard Wolfman, Dean University of WILLIAM BROCKETT. Senate Office Building pennsylvania Law School. Washington, D.O.: STOCKTON, CALIF. Command you and urge you contlnue SAN FRANCISCO, CALIF., Senator ALAN CRANSTON, maximum effort to override Reagan's veto December 29, 1970. Washington, D.O.: CRLA grant. Have served on CRLA board Senator ALAN CRANSTON, Please oppose Reagan veto CRLA with all as farmer member over two years and have U.S. Senate Office Building, your might. nothing but praise for Its efforts to provide Washington, D.O.: LEONARD and BARBARA FASS. legal services for rural poor. Override of Reagan's veto C.R-L.A. funding BERGE BULBULIAN. vital. Suggest no confirmation of Carlucci HIGHLAND, CALIF. until override establlshed. Senator ALAN CRANSTON, !RICCARDO A. CALLEJO, Washington, D.O.: PASADENA, CALIF., Oounsel, Spanish Speaking Sur-Named Please support override of Reagan's veto December 30, 1970. Political Association. CRLA Grant. Carcluccl wUl need backing Senll/tor ALAN CRANSTON, from Congress. Senate office Building, TmURoN, CALIF. Mr. and Mrs. KENNETH M. HORI. Washington, D.O.: December 30, 1970. As citizens Who are concerned about the Senator ALAN CRANSTON, ALTADENA, CALIF., needs of the poor people of Cal1fornla, we, Washington, D.O.: December 30, 1970. P. E. H. N. O. are In favor of a full federal The members of the League of Women Senator ALAN CRANSTON, grant for the Cal1fornla rural legal assistance. Voters of Southern Marin support your ef­ Senate Office Building, PASADENA COMMISSION ON HUMAN forts urging an override of Governor Reagan's Washington, D.O.: NEEDS AND OPPORTUNITIES. veto of the California Rural Legal Assistance I agree with Callfornla Bar Los Angeles Program. We feel this program is Vital In County Bar, San Francisco Bar, that Call­ attempting to achieve equal justice for all fornla rural legal assistance must be fully DAVIS, CALIFORNIA, citizens. funded. Please support CRLA. December 30, 1970. Mrs. MARLENE KAULUM, Mrs. WILLIAM BRECKENRIDGE. Senator ALAN CRANSTON, President. Senate Office BUilding, PASADENA, CALIF., Washington, D.O.: WEST Los ANGELES, CALIF., December 30, 1970. The Association of Mexican American Edu­ December 29, 1970. Senator ALAN CRANSTON, cators urge that you strongly support the Senator ALAN CRANSTON, Senate Office Building, Washington, D.O.: refunding of the Callfornla rural legal assist­ Washington, D.O.: The League of Women Voters of the Pasa­ ance program. We feel that the veto by the Urge your support of OEO funds for CRLA dena area urges full Federal funding of the Governor and his staff at this tlme has this valuable constructive work must be con­ Callfornia Rural Legal Assistance Program. overtones of racial bigotry In as much as tinued. Governor Reagan's criticism Is warranted and most of the (class actions) which go AARON AND HANITA DECHTER. based on an Inaccurate and questionable re­ through the judicial process are related to port approving success as an aid In the war minority group Issues and/or the poor. To SACRAMENTO, CALIF., on poverty. The program deserves support cut olI the only hope of our people would December 26, 1970. from every level of government. of Itself be a miscarriage of justice. FRANK CARLUCCI, CAROLINE COOPER. MANUEL BANDA, JR., Director, Office Of Economic Opoprtunity: State President, AMAE. This Is to formally advise you that the BURLINGAME, CALIF., Callfornla Rural Legal Assistance otherwise December 30, 1970. known as CRLA, grant No. GC-7172 Dil, in ALAN CRANSTON, MONTEBELLO, CALIFORNIA, the amount of one million, eight hundred Senate Office BUilding, Washington, D.O.: December 30, 1970. eighty-four thousand, one hundred one League of Women Voters of San Mateo Senator ALAN CRANSTON, dollars, Is hereby vetoed. support override Governor Reagan'S veto Washington, D.O.: EDWIN MEESE III. MAPA wishes to make known our full sup­ legal aid fund. The PRESIDING OFFICER: Under MASAKO NAGUMO. port for CRLA. Mr. Frank Carlucci's appoint­ ment should be withheld should he choose the previous unanimous-consent agree­ ment, the Senator from Michigan is rec­ BRAWLEY, CALIF., to heed the need of the people as opposed December 30, 1970. to the deeds of Governor Reagan In his re­ ognized at this time. Senator ALAN B. CRANSTON, cent veto of CRLA program. Mr. MURPHY. Mr. President, 'vill the Senate Office Building, Washington, D.O.: PAULA JIMENEZ, Senator yield? Please do everything possible to override Metro Regional Director. Mr. GRIFFIN. I yield. governor's veto of CRLA funds. ABE TAPIA, Mr. MURPHY. Mr. President, I would MEL SCROGGINS. National President, (MAPA). like to point out that I was given a copy December 31, 1970 CONGRESSIONAL RECORD -SENATE 44473 of what was purported to be the posi~ mittee on Education and Labor, of I regret to bring these matters to the tion and statement of the junior Sena~ which the Senator is a member, was attention of the Senate. I wish the junior tor from California, my distinguished polled with respect to two other nominees, Senator from California had not risen on colleague. Mr. Wilson and Miss Khosrovi. Further~ the fioor of the Senate and taken the If I misunderstood, and I hope I did, more, I understood that the junior Sen­ position publicly that he has taken. But I got the impression that the Senator ator from California gave his consent to now I have no choice but to point out said he would block the nomination. I reporting those two nominations which that the demand of the junior Senator am pleased to hear him say now that he were approved by the committee via the from California not only places the did not say that nor does he apparently polling procedure. nominee in a very difficult position but intend to do that until the facts and the So it cannot be the polling procedure it also raises a serious question for the information are made known and hear~ to which the junior Senator from Cali­ Senate to consider. ings can be held. If I am in error, I hope fornia objects. I yield now to the Senator from Cali­ the matter will be clarified. If I am cor­ Mr. CRANSTON. Mr. President, will fornia. rect I congratulate the Senator. the Senator yield? Mr. CRANSTON. Mr. President, I Mr. CRANSTON addressed the Chair. Mr. GRIFFIN. I shall yield to the Sen­ thank the Senator for yielding. Mr. GRIFFIN. Mr. President, who has ator shortly but first I wish to proceed First, in regard to the two nominations the floor? for a few moments. to which neither I nor any other member The PRESIDING OFFICER. The Sen­ It becomes very clear that the Senator of the committee raised any objection to ator from Michigan has the fioor. from California is holding up this nom­ the polling on the nomination, Mr. Wil­ Mr. CRANSTON. Mr. President, will ination because Mr. Carlucci will not son and Mrs. Khosroovi, there was no the Senator yield to me for 1 moment? commit himself to override a veto by controversy, no difference of opinion, no Mr. GRIFFIN. I yield 1 minute to the Governor Reagan concerning a rural question about them or their qualifica­ junior Senator from California. legal assistance project in California, a tions to fill these positions, which sepa­ Mr. CRANSTON. Mr. President, first of project, incidentally, about which I know rated them from the nomination under all, as far as I am concerned, I stated I nothing whatever. consideration. would not seek to block the nomination In a release from the office of the Second, let me say that I have at no in the next sessIon of Congress. I would junior Senator from California which time asked Mr. Carlucci for any commit­ not have the power to block it. I do not came to my attention today, and which ment as to what he will do. I asked him know at this time if I favor Mr. Carlucci's I assume was issued yesterday. he made what his decision will be and I have not approval by the Senate for this pur­ the follOWing statement: asked him for any commitment to me pose because all of the facts are not yet I have decided to do what I can to see that about it. in on Mr. Carlucci and his qualifications. any Senate approval of Mr. Carlucci as the I have never said that my judgment of My present position is I object to the new director of OEO is withheld untU such him and my vote of either yes or no polling of the members of the Committee time as Mr. Carlucci indicates what action he would be based on whether or not he ap­ wlll take regarding Governor Reagan's veto on Labor and Public Welfare or its Sub­ of the $1,8 mUllon Callfornla rural legal proved of or whether he overrode the committee on Employment, Manpower, assIstance grant. Governor's veto. I have said I would like and Povery on Mr. Carlucci's nomination to see the same evidence he is waiting to since a polling means members who did In other words, if Mr. Carlucci will see and would then judge him by how he not attend the committee hearing yester­ state to the junior Senator from Cali­ acted on the basis of that evidence. day, who had no opportunity to evaluate fornia-if he (Mr. Carlucci) will make I further stated yesterday that even if Mr. Carlucci's qualifications by his re­ a decision in advance as to what he he overrode the veto I might find myself sponses or nonresponses, who have had will do concerning that partiCUlar veto not inclined to support him or to vote for only a secondhand opportunity to hear of a potentialproject, than as I under­ his confirmation if he did not act in time about his performance yesterday before stand the statement, the junior Senator to prevent total havoc for this program the committee from others, and who are from California will let the nomination and despair for those who have cases in not aware of all the issues in this matter go through. court depending on CRLA. I will read the relating mostly to my State of California I would have no respect for Mr. Carl­ language I used yesterday in making would have simply a "yes" or "no" op­ ucci, and I would have great difficulty in that statement. portunity to pass upon his qualifications voting for his nomination myself if he If the Senate doe:; not act to confirm Mr. without a meeting to discuss what hap­ gave any such commitment to any Sen~ Carlucci's nomInation durIng thIs Congress. pened yesterday, and to discuss whatever ator in advance. then, when and If that nomination Is before Furthermore, it would be illegal for this commIttee in the 92nd Congress. the the pros and cons may be that exist in questIon I wll1 ask lf by then there has been connection with Mr. Carlucci. him to do that. The criminal laws of the an over-ride 01 Governor Reagan's veto In Second, I presently object to a meet­ United States make it illegal for one judging Mr. Carlucci's sultaoillty to head the ing of the committee while the Senate is nominated for high public office to make poverty program, wll1 be: insession, since for a good portion of the a promise or commitment in order to ob­ Old he make the over-ride decIsIon In tain an office. The position of OEO direc~ time to prevent the dIsruption of this pro­ time there are Senators on that commit­ gram, the destruction of current cases. the tee who are involved here in the Cham~ tor would involve a higher salary for the nominee Mr. Chairman. I suggest d'eparture of preser.t employees who would bel', as they were this morning at great be forced to go elsewhere to earn l1vellhoods length, on matters emanating from that that the junior Senator from California for themselves and their famllles, and the committee, and matters emanating from has put the nominee in a very difficult dlslllusionment of those who were led to be­ other committees. and untenable position. lieve they could find justice under law. I will not cite chapter and verse, but I think there should be an opportunity let me call attention to the fact that the In effect. I feel that if Mr. Carlucci for a session of that committee when the Federal code as well as an Executive needs time to examine the evidence to Senate is not in session, that would be order on ethics issued by the President make decisions-and I can understand fully attended by as many members as of the United States specifically preclude that fully-then I have every right to are in Washington, to go into the matter any nominee from making any such seek to have time to examine the same fully. At that time the committee could commitment or promise as the junior evidence and then judge his response to decide what action it wishes to take and Senator from California is demanding. that evidence, In the light of that, if the that action could then be reported to the Furthermore, if Mr. Carlucci were con­ evidence overwhelmingly indicates that fioor of the Senate. firmed, he would be obligated to sign an there should be an end to CRLA, I would Mr. GRIFFIN. Mr. President, I am oath which would include the following respect his decision not to override the very sorry to hear the junior Senator statement: Governor's veto. but I will not know from California take the position that I have not, nor has anyone acting In my about that until we learn how he acts, he has taken on the floor of the Senate behalf, given, transferred, promised or paid when he acts, and on the basis of what with respect to the nomination of Mr. any consideration for or In expectation or evidence he acts. Carlucci. It disturbs me very much. hope of receIving assistance In securing this Mr. GRIFFIN. With all deference to First of all, I am informed that the com- appointment. the junior Senator from California, I :'< ',,,;<, Ii', r- _ ; \. .:;... ,-}~ U{'>·"i. (": December '81;"19'10 '."<"\ ••.. ,..•.. : .- ..... ':_';, >_,-.~-;,.-,~:·-'·:-~;:':_;;>C.',· -,n-,"I,,):~ 'l-~o. think·the'me~~ag~'t6 the nominee in the an tinten~ble position-:"'and I wish :l1e to'r~eive fi'brii'Mr.'carlilcbtli verY' clea~; press releaSe. was quite clear: if Mr. Car,. would realize that. precise, anddefinite /exPtess~qn,e~~erOf lucci were Willing to indicate in advance I can understand the feelings of the his ownpersonalview'abOut theil~1p,or;, his decision onoverriding the Governor's junior Senator from California. We all tance of this program, or any really very veto-and if he would override the veto, have situations in our own States where clearidentification as to the direction'the then the nomination could be confirmed we would like to have the discretion of programwas to go in the future. .,.. '.' '.. ,. in this session of Congress. I think that administration officials exercised in our So, at least for me, it was somewhat implication-that requirement is quite favor. There are times when we can understandable when, I believe I ,can obvious. exert legitimate pressures on the admin­ say, having some knowledge of the Cali.. Mr. MURPHY. Mr. President, will the istration. But I strongly suggest that this fornia legal services program,andbeing Senator yield? is not a legitimate pressure. This puts aware, that OEO had done a detailed Mr. GRIFFIN. I yield. the nominee in the position of having to study of the program only a few short Mr. MURPHY. I must agree that that violate the law as well as his oath of weekS 'ago, and that the program hitd is what I read from the press release office if he is to be confirmed because of come through with flying colors,and which was given out by my distinguished the position of one Senator. from everything we had been able to dis­ colleague from California, and that was So I plead with the junior Senator cover, in talking with the members, of the impression I had and that was the from California to reconsider his posi­ that programand stUdying the program, purpose of my remarks today-that the tion and to allow this nomination to go and being aware who were the people overriding of the veto was to be a condi­ through. The problem I have described involved in it, that this is really one of tion of the confirmation, and that if the should be avoided if possible. the most effective legal service programs nomination was not confirmed in this I do not think that the junior Senator of its kind existing in the countrytodliY. session of Congress, the confirmation from California would intentionally I am aware,Mr. President, that the ac­ would be based on whether or not he have put himself into this kind ofsitua­ tions that were taken by thedistin­ would override the veto in the next Con­ tion. So, I hope he will resolve it. I hope guished Governor of Californiacame at gress, and how quickly he would do it. he will agree to approval of the nomi­ the final hour to effectivelY terminate It is unfortunate if the Senator did not nation. I do not know anything about the this program. No opportunities were af­ mean that, but that is what I read from merits of Governor Reagan's veto but forded for consultation and deliberation, his press release last night. That is why the record of the Director of the OEO or even an opportunity for Mr. Carlucci I made the remarks I made, hoping that in the past, as far as overriding vetoes to give the mater. the kind of thoughtful I could clarify the confusion that has is concerned, has been a good record. consideration that I am sure any director dogged this entire program from the very Mr. Carlucci has been the deputy to of OEO would want to give. This was outset, mainly because men came in with Mr. Rumsfeld, the OEO Director, and tossed upon his desk, so to speak, with new ideas to take funds designed for an­ I am confident Mr. Carlucci will give very little time to act. There are those other purpose and used them for social every consideration to the case of those who have suggested, in looking through reform, when they were intended for who believe the veto should be overrid­ the reservations, or the initial reasons legal services. Right here is the base of den. for the veto, who think that there is the entire problem, as I see it. Mr. KENNEDY. Mr. President, I just strong reason to believe that the veto was I sincerely hope that the next Congress came into the Chamber during the ex­ motivated by political reasons. will straighten that out, and if I can be change between the assistant minority I think any fair reading and review of of any help from the outside, I will make leader and the Senator from California. the various allegations and charges that myself available. I was not present at the time the dis­ were made would suggest this. But·be Mr. GRIFFIN. Let me make crystal tinguished Senator from California in­ that as it may, we can think of what clear what it is that disturbs me about terrogated Mr. Carlucci, although I was alternatives or remedies were available this situation. I serve on the Judiciary in attendance at the meeting for the bet­ to the director, or the incoming director, Committee; of course, we must pass on ter part of the morning. or, if Mr. Carlucci was approved, what the nominations of judges. Oftentimes it As a member of the committee and as might be available to him. There are is tempting for members of the Judiciary one who is extremely interested in the things that can be done in connection Committee to question a nominee as to whole question of legal services, I must with the possibility of overriding a veto. how he would decide a case if he were say I was very much distressed by the First, let me say that any veto by a confirmed. Those questions should not general comments that Mr. Carlucci gave governor obviously has the dramaticef­ be asked but sometimes they are. How­ in response to questions on the whole fect of bleeding a legal services program. ever, the appropriate response-and the legal services operation. I think there This has been shown, in the past, by the only sensible response for a nominee to have been few programs which have been example of the Florida program.'When make-is that he could not, and should undertaken by OEO or by the agencies a Governor says, "This program is ve­ not, decide the case in advance. of Government that have been battered toed," despite the dedication and the This nominee does not even have the around as much as legal services. I think high morale of the people involved in facts upon which Governor Reagan's there have been few programs under those programs, there is a serious deteri­ veto was based. As I understand it, the OEO or in any other agency of Govern­ oration in the program. So there is a veto was handed down a couple of days ment which are more worthwhile. real urgency about this kind of effort, ago. The nominee should not pass judg­ In the initial part of the questioning, and that has been shown time and time ment at this point; and it should not be Many of us were trying to develop at again, or at least in the three principal a factor in whether or not his nomina­ least a better understanding of Mr. Car­ instances where Governors have vetoed tion should be confirmed. lucci's exact view of legal services, how the programs and where there have been Of course, it is understandable that a important he felt legal services were, short extensions of the programs,for Senator would want to question a nomi­ what its future would be next year, in we have seen in each case very serious nee about his philosophy, about general terms of appropriations, whether he an­ deterioration of the program. principles, about his ideology, his ex­ ticipated any questions or reorganization. So immediate action is essentialllnd perience, or anything else that might We are all aware of a program put for­ necessary, and immediate action is nec­ affect his jUdgment--that might bear on ward only a few weeks ago in terms of essary in this particular program. There the fitness of a nominee. But to put a regionalization, which many of us felt are very serious questions, if Mr. Car­ nominee in a position where, in effect, would have blunted effectively the whole lucci were to provide a 30-day extension, he must decide a case in advance in a thrust of legal services. There has been whether the· Governor has the right to particular way or forfeit confirmation is talk of an independent agency for legal veto that as well. I think that is an open to put a nominee in an intolerable posi­ services. A number of questions were question, on which we are very much un­ tion-and the Senate should not tolerate raised, which I raised, which the Senator decided. even as members of the commit­ such actions on the part of any Senator. from Minnesota (Mr. MONDALE) raised, tee. I hope the junior Senator from Cali­ and which other members of the com­ So what we have, Mr. President, is a fornia will not persist in his position, mittee raised. nominee who had a very distinguished because he will make it very difficult for I must say, in all frankness, it was ex­ public service record in the Foreign Serv­ other Senators. He has pUblicly assumed tremely distressing to us not to be able ice of our country, who was involved in December 31, 1970 CONGRESSIONAL RECORD - SENATE 44475 some of the most difficult, complex ne­ Senator from California was attempting in attempts on certain positions in my gotiations in the Congo in 1960. and who to elicit in a positive and constructive own State, and the Senator from Michi­ carried those responsibilities through way the concern of the nominee for legal gan knows that. This is not a body of with extraordinary capability and dili­ services generally. andespecially in terms retribution. This is a body where solu­ gence, but here we have this sort of a hot of this problem. and to get from him tions are found to problems. And the potato thrown at Carlucci. what future course of action he would solution to the problem is to prove the We were unable, in the early part of take, perhaps not only in California, but case. The solution to the problem is to that hearing. to understand the extent on other situations. So I wanted to add prove the merits. not to shackle the indi­ of Mr. Carlucci's clear understanding. just this comment to the record as one vidual whose reSpOnsibility it is to deter­ grasp, concern. and commitment for this who is greatly concerned about the Cali­ mine the merits. program generally, across the country. fornia legal services program. So I would say, with all due respect, We have what many of us believe is the I quite sincerely believe that the Sen­ that the remarks of the Senator from real jewel of the program in the Cali­ ator from California would be raising Massachusetts were fine. but they did fornia Legal Services operation. this issue whether it was California or not hit the issue. The issue is, put the What I think many of us were very whether it was Massachusetts, Illinois. or words in this release in reverse. Put the interested in, as a case in point. was to any other State, because the California words in the mouth of a nominee who find out how Mr. Carlucci would react legal services program is really. perhaps wishes his nomination to be confirmed. and respond to this particular crisis that the jewel of the whole legal services pro­ Have him ask a Senator for his sup­ was thrown at him. Because I am sure he gram, and therefore it is important and port if he will do a certain thing, ap­ must realize. as all of us do. that with significant, and should not be lost in any prove a certain program. and then let the passing of every hour, effectively kind of other attack. this body pass judgment on a nominee there is increasing threat to the program Mr. President, I yield the floor. who would do that. generally. Mr. COOK. Mr. President. I have lis­ I yield the floor. No one expected that Mr. Carlucci tened with interest to the remarks of the Mr. CRANSTON. Mr. President, I would come up and clear up the whole Senator from Massachusetts, and philo­ should like to respond to the comments matter before the committee, but the sophically I guess I would agree with all of the distingUished Senator from Ken­ distinguished junior Senator from Cali­ of them. tucky. He is my friend. We came here fornia did advise Mr. Carlucci that he But, Mr. President, how much better it together. We understand each other. We would be pressed on this particular prob­ would have been had the Senator from have worked together on many matters. lem. This is not unusual. Any of us, when Massachusetts or the Senator from Min­ The Senator was not present at the we have a nominee. have areas of special nesota asked that the nomination be held committee session yesterday. and if he interest in terms of programs, such as up. How much better it would have been would consult Members of the Senate the OEO programs, such as I have in if the Senator from Massachusetts or the from his side of the aisle who attended terms of Neighborhood Health Services Senator from Minnesota. who is also dis­ that session, I think he would modify his and special impact programs, the Senior turbed about these same things, would statement that the nominee came Citizens programs under OEO, and such have said that he objected to the fact through with flying colors. as the Senator from California and many that the committee was to be polled and I have discussed what occurred there others have in terms of legal services. was not to meet. Because the real ques­ yesterday with Republican as well as So the nominee was on notice that he tion has not been answered, the real Democratic members of the committee. would be asked to comment on this pro­ philosophical question. The day before the nominee came before gram in some detail. Particularly in the The Senator from California knows the committee, I sent him a letter mak­ light of the earlier responses to those that we came here together, and that he ing plain that I intended to ask many questions. I was interested in how he is a friend of mine, and I admire him a questions about OEO, and particularly would handle this kind of a challenge great deal. But has the philosophical about legal services-not all of them, by and problem. whether it involved Cali­ question been answered. if you turn it any means, relating to this veto. The fact fornia. Massachusetts, Mississippi, or any around? is that after approximately 24 hours in of the other situations. Has the question been answered as to which to prepare himself. he was unable We hoped to be able to at least gather whether a nominee who is up for nomi­ to answer an astounding number' of from his reaction to those situations how nation were to gO to a Senator and say, questions, and he did not bring with him he would handle the legal services pro­ "Senator. I will overrule the Governor if anyone who could answer those ques­ grams on into the future. I think it was yoU will vote for my confirmation"? If tions. in this light that many of us were dis­ 99 other Senators knew that was the Mr. COOK. Mr. President. will the tressed at the lack of responsiveness. I case. 99 other Senators would not vote to Senator yield? do not think any of us-and I am sure confirm that nomination. Mr. CRANSTON. I yield. the junior Senator from CalUornia was That is the real question. That is the Mr. COOK. I cannot disagree at all not holding out that he was going to real philosophical issue. The philosophi­ with what the senator has said. I had hold out in support of overriding the cal issue is found in the report on the reference to the remark the Senator veto, and prevent the nomination from ticker tape. in one small paragraph: from Massachusetts made relative to his going to confirmation-but rather. he senator Alan Cranston (D-Calif.) sought evaluation of this particular program in was eliciting from the nominee his in­ unsuccessfully to get Carlucci to agree to regard to the veto. The import of my terest and concern and commitment to Immediate reversal of Reagan's veto of a $1.8 remarks. if the Senator would not mind, the cause of legal services generally, and million grant to the California Rural Legal was that for him to have said on that particularly as to the future of this Assistance program. occasion, "Yes, Senator. I will immedi­ program. The Senator from Massachusetts said ately overrule it," would have meant to We in Massachusetts would be desirous in essence that Mr. Carlucci was there me that the candidate had flunked the of having the programs continued. Every on trial. and I would SUggest to the course. That was the remark I intended one of us knows. and certainly all of us Members of the Senate that he passed to make. on that committee realized. that every that case and passed it very well. He Mr. KENNEDY. Mr. President, will the hour and every day the veto continues. came through with flying colors. Senator yield? that program is being weakened and bled. I would only hope, as a matter of fact, Mr. CRANSTON. I yield. Therefore. there is a sense of urgency. along with the distinguished Senator Mr. KENNEDY. I think that what we I wanted to make this comment, Mr. from Massachusetts and along with the were looking for were guidelines as to President, because I think at least as one distinguished Senator from Michigan, what he was going to do, some input as who was aware of this program, as one that the Governor of California is over­ to what factors he could consider in ar­ who was aware that the Senator from ruled on this. But I must say that I have riving at a jUdgment. Mr. Carlucci re­ California was going to quiz the nominee not been totally successful since I have fused to give us even that. He refused about legal services and about this pro­ been here. I have not heaped on the Jus­ even to make a comment as to whether gram in California. and as one who heard tice Department my "nay" vote every this program was going to be retracted or a part of the questioning of the nominee, time a Justice Department matter came expanded or reorganized, whether there it seemed to me that the distinguished up here because I have been unsuccessful were any memoranda in the department 44476 .CONGRESSIONALRECORD ~SENATE De()eniber\'4J1.~\'-'41.9 'i0 as to future OEO programs. He was com­ 100 percent true, I do not believe that den·is one of the fundamental questions pletely unresponsive on this. those charges, proves that they are all affecting the whole poverty program. I asked questions. Senator MONDALE whole program and a veto. They may The Senatorfrom California. inare­ asked questions, Senator CRANSTON asked justify remedial actions. Based upon the sponsible, restrained and measured way, questions. We were trying to get some present evidence available, I do not be­ has sought to determine from the measure of what he was going to do. No­ lieve that they justify canceling the nominee whether he would look favor­ body was going to suggest nor has any­ program. ably upon an override of that veto by one suggested that he would have to say I yield to the Senator from Minnesota, the Governor of California. I intend to right there and then that he was going who attended a great part of yesterday's vote for Mr. Carlucci's confirmation but to override the veto in order to win the session and who is very familiar with the I must say,· in all candor. that his an­ support of the members of the commit­ problem at hand. swers yesterday were very unimpressive. tee. But we wanted to get some kind of Mr. MONDALE. I thank the Senator Mr. President, the previousOEO. Di­ guidance as to what he was going to base for yielding. rector earlier tried to dismantle the legal that judgment on, and we were unable May I say that I think the Senator services program by regionalizing it and to do so. I think any fair reading of the from California is acting responsibly and putting it under control of regional di­ record would indicate that. I think that conscientiously in his capacity, as a Sen­ rectors-many of whom for political rea­ those who were there at the time would ator, to resolve one of the most impor­ sons wish to diminish the scope and ef­ see that. tant issues to come before this Congress. fectiveness of the program. There was a Mr. MONDALE. Mr. President, will the The issue of the CRLA is not a question long and bitter fight over this effort. Fi­ Senator yield? of one project in one State. It really in­ nally, after months and months, we were Mr. COOK. Mr. President, will the Sen­ volves the best legal services program in able to persuade the QEO Director that ator from California yield for one other the country. As one of the chief sponsors this was an unwise decision. After these comment? of the legal services program. who has months of arguments, those proposals Mr. CRANSTON. I yield first to the listened to days and days of testimony for regionalization and decentralization Senator from Kentucky, and then I will over the past 2 or 3 years, as one Senator were withdrawn. But the legal services yield to the Senator .from Minnesota. on the Migratory Committee and the program can be killed not only in that Mr. COOK. I say to the Senator from Hunger Committee and the Education kind of bureaucratic restructuring,but California and to the Senator from Mas­ Committee, I have heard from young it also can be killed by singling out and sachusetts that it may be fine, and I am lawyers from legal services programs destroying the best legal services pro­ sorry that I did not have the occasion to around the country, and I can say that gram in the country-CRLA. be there. I really do not wish to pursue this is a national test of whether the Late this year, OEO hired a group of this matter a great deal further, except legal services program will continue to independent consultants, including for­ to read from the news release of the Sen­ be the remarkable program it is--in mer Supreme Court Justice Tom Clark, ator from California, the second para­ which law and its remedies are as avail­ who went to California and made a re­ graph: able to the poor as they are to the rich­ view of the CRLA program. They came After extremely careful consideration, I or whether the legal services program in­ back with glowing reports and stated have decided to do what I can to see that any stead will degenerate into a program that it was one of the finest programs in Senate approval of Mr. Carlucci as the new where lawyers can only bring cases on Director of OEO Is withheld untll such time the country. Nevertheless, for political as Mr. Carlucci indicates what action he will behalf of the poor which might have reasons, the program has been vetoed by take regarding Governor Reagan's veto of the been brought in the days of Charles the Governor of the State of California. $1.8 million California Rural Legal Assist­ Dickens. If that veto is sustained, inmy opinion. ance grant. I shall say briefly why I have This is a fundamental issue of that the legal services program in this coun­ decided to do so. nature. CRLA is not an isolated case. try-its basic promise and hope-is dead. If the reason for holding up the con­ From every possible vantage point, this If those of us on the Coromittee on Labor firmation of this nomination is that he administration has tried to cut the heart and Public Welfare and on the Manpower failed to answer other questions, because out of the legal services program, even and Poverty Subcommittee are not per­ he failed, to the satisfaction of the mem­ through use of the Internal Revenue mitted to ask these kinds of questions-­ bers of the committee and the Senator Service. The Commissioner of Internal are not permitted to negotiate in this from California, to give affirmative Revenue tried to deny tax deductibility way-then the meaning and the effec­ answers relative to the size of the depart­ for public interest law firms-for lawyers tiveness of our committee would be sub­ ment, it would have been far better to who brought lawsuits to save the en­ stantially reduced. have said so. vironment and protect the public inter­ So I simply want to say that not only But the fact is that the issue we are est. So this has been a fight being waged do I think the Senator from California discussing is the fact that the action on many fronts to make certain that the has acted properly, but I think he is act­ that was taken was taken because there law is as available for public purposes­ ing courageously to assert the public in­ was a veto of a $1.8 million program and to assert the constitutional rights and terest on a profound and sweeping issue the fact that an overruling of that ruling the legal rights of the poor, the rights that affects the whole question of was requested. of consumers, the rights of those seek­ whether the poor will have justice be­ Mr. CRANSTON. Mr. President. if I ing to protect the environment-as it is fore the law. I admire the Senator from may respond before yielding to the Sena­ for commercial rights. This is a funda­ California (Mr. CRANSTON) all the more tor from Minnesota, I stated later in the mental, basic dispute, and that is why for his fight. statement that the Senator from Ken­ the Governor of California vetoed the Mr. CRANSTON. Mr. President, I am tucky just read, that even if Mr. Carlucci CRLA program. He has opposed this deeply grateful to the Senator from Min­ overrode the veto, I might find in my program from the beginning, because nesota for his remarks and for his deep own mind that he was not qualified to this group of gifted lawyers has brought suits on behalf of migrant farmwork­ understanding of the true issue with serve. So the overriding or not overriding which we are grappiing here. has not been a precondition. I want to ers, suits on behalf of welfare recipients, suits on behalf of poor tenants, suits on I shOUld like to say, in response to the see, as I stated earlier today, the evidence suggestions that have been raised about upon which Mr. Carlucci acts before I behalf of would-be recipients of food stamps who were denied food stamps, violations of the law, that nothing has judge him and whatever actions he takes. occurred in the Senate, or by any Sena­ He has not seen that evidence, and I suits against the attorney general. The have not. Governor of California wants to deny tor, that relates in this matter to any I will say that, based upon the charges lawsuits for the poor that lawyers would violations of the law. What we are talk­ Governor Reagan has made, all of which bring on behalf of rich folks when they ing about here, and the main issue in­ have been given to the press and with hire a lawyer. Those who believe that volved here, is whether violations of the which I think we are all familiar, even if the poor should not have equal access law by Government and private agencies the documentation, which is slowly to the courts, who deeply resent this have been prevented and brought to light wending its way across the country to legal services program, will applaud the and dealt with in our institutions of jus­ Washington, supposedly backing up Governor's veto. Thus, the question of tice by attorneys from CRLA and from those charges, proves that they are all this veto and whether it will be overrid- attorneys looking at other aspects of legal Dece111.ber 31, 1970 CONGRESSIONAL RECORD- SENATE 44477 assistance programs in other states in junior colleague that before he came Mr. CRANSTON. Mr. President, I am the Union. here, I spent my first year trying to get glad to yield to the Senator from Min­ Mr. President, let me give you one ex­ politics out of the poverty program. I got nesota. ample. In California, suit was brought by an amendment agreed to in the State. I Mr. MURPHY. Mr. President, will the attorneys, chargina in court that ac­ got it through the House. And after the Senator yield? tions by the government of the State 11th hour-it lacked 3 minutes of 12­ The PRESIDING OFFICER. The jun­ of California were illegally denying $200 MI'. John Macy came up and said that if ior Senator from California has the fioor. million worth of medical aid under med­ the amendment were left in the bill, the Mr. CRANSTON. Mr. President, I yield icaid to Californians entitled to that aid, bill would be vetoed by the President. to the Senator from Minnesota. too poor to hire attorneys of their own I see nothing to be proved by contin­ Mr. MONDALE. Mr. President, the to establish through the institutions of uing this. I made the statement and gave Senator from California (Mr. CRANSTON) justice their right to that medical assist­ my point of view, which I am entitled states the case correctly. The reason that ance. CRLA was successful in that case, to do. the legal services program of this coun­ as it has been successful in 86 percent I resent the Implication that I am try­ try has been so remarkable and why it of all the cases they· have brought in ing to deny anything to anyone. has been recognized as the best of any California thus far. I believe my record of performance, of the poverty programs is precisely be­ The court found the State of California not just in the 6 years I have been here, cause it has been a program of great in­ to be in violation of Federal law, and but over the last 40 years I have been in tegrity-which has attracted and in­ they were ordered to proceed to make public life, shows what I have done in spired the most gifted young lawyers in that $200 million available to poor people behalf of the poor and underprivileged the country. in California. and those who need help. It is a pretty If this becomes a program in which The basic issue here is whether the law good record. the Canons of Ethics are compromised of the land is available to all of the peo­ I would hope we could find an end to because a politician will decide which ple-rich and poor-for justice, or is jus­ this implication. It is a most unproduc­ lawsuit can or cannot be brought, not tice available only to those able to hire tive manner of approaching a very im­ only will the program lose its promise, their own attorneys-people with fat portant question. but also those bright and gifted young bank accounts-or are the pOor to be I think that the Governor of Califor­ people who have joined the program will given assistance in order to see to it that nia has a right to present his evidence. stop joining it. they, too, receive their rights under I think the committee has the right and These are not so-so lawyers. The best law-- the duty to hear the evidence. I think lawyers from Harvard and the other top Mr. MURPHY. Mr. President, will the that the Senator from California, if he law schools in the country have sought Senator yield? agrees with the evidence, should confirm employment with the legal services pro­ Mr. CRANSTON (continuing). As the Mr. Carlucci or not confirm him. But gram because they have seen it as an law is observed in regard to the-- I do not think he should make the con­ opportunity to use their genius and skill Mr. MURPHY. Mr. President, will the dition which is stated in his press re­ in oringing about social refonn in this Senator from California yield? lease. I do not think he has a right to country by using the process of the law. Mr. CRANSTON. In one moment I will make that a condition of the confirma­ It is a conservative program because it be glad to yield to the Senator from tion. If the Senator from California says, offers due process reform. It is a way of California. "I am not satisfied," that satisfies me. getting disputes out of the streets and Mr. CRANSTON. Mr. President, the But to say that he must agree to over­ into the courts. It is a way of restoring issue basically is whether we are going ride the veto and, not only that-now the confidence of the poor in American to encourage those who seek peaceful that the discussion is protracted-the institutions because the law begins to changes under law in our land-those press release says: mean something to them. It works for who feel that a change is required-or I w1ll look at how long it takes him to them as weU as for others. Their griev­ do it. ances get a fair hearing. are we to deny access to the institutions The heart of the program is that it of justice, to the foundations of our Re­ This is unfortunate. I regret the im­ has this integrity-the reputation of public, to these people, turning them into plication that has been made that this is having that kind of independence. If the victims who must say that we have a an attempt to deny. anything to the poor. best legal services program in the coun­ nonresponsive society that only provides That is not the case. try is vetoed and that veto is sustained, "law and order" but no justice. I have lived in California for 35 years. those gifted young men will no longer Mr. MURPHY. Mr. President, will the I have known the Governor for close to participate in the effort to provide legal Senator yield? 30 years. I assure the Senator that is not services to the poor. Above aU, they are Mr. CRANSTON. I yield. the case. bright enough to spot a phony program Mr. MURPHY. Mr. President, the sen­ I do not believe the statement should when they see it. If this veto is sus­ ior Senator from California resents the be made. Itcreates confusion where there tained, that is what the legal services implications, as one of the cospOnsors of is already too much confusion. program will become. this original measure, that there is any I thank my colleague. Mr. CRANSTON. Mr. President, I dishonor and intention on anyone's part Mr. CRANSTON. Mr. President, inas­ yield to the distinguished chairman of to deny justice to any class of people in much as at the moment the two Senators the Labor and Public Welfare. this country, whether they be rtch or from California are debating this mat­ Mr. YARBOROUGH. Mr. President, as pOOr, black, white, yellow, or red. I have ter, I would like to make it very plain chairman Jf the Labor and Public Wel­ listened to this statement in this Cham­ that this is not just an issue for Cali­ fare Committee, I have had a deep and ber many times. I find it unfortunate. I fornia. My actions do not relate only to continuing interest in the progress of find it unproductive. I find it without the people of California. A national is­ OEO, and have been an active supporter basis. sue is involved here. of that program since its inception. The actual facts of this matter are The American Bar Association, among The matter of the Carlucci nomina­ clear. I have stated them In simple lan­ other national bodies of repute and re­ tion has been discussed with me by a guage. Since I have made the original spect, has endorsed the CRLA. They do good many people since the nomination statement, there has been a further at­ this because CRLA has been widely rec­ was made. I hav~ been urged by a good tempt to again confuse this entire issue. ognized as the best of all the legal as­ many friends that this matter should be I have never heard the Governor of sistance programs in the many states of pushed through. I have been urged by California say that he wants to com­ this Union. others that there should lJe a hearing in pletely stop the activities of CRLA. Nor It is widely believed that if CRLA can depth because this man should not be do I think anyone else has said so. This be eliminated by a veto, then legal as­ confirmed. is a figment of someone's imagination. sistance In many other States ..ill face As chairman of the Labor and Public It is completely in error as far as I am a like fate in one way or the other. Welfare Committee, I have had experi­ concerned. Mr. MURPHY. Mr. President, will the ence in these matters. We have had nom­ It is unfortunate that pOlitics are once Senator yield? inations in the past where there was con­ again creeping back into the poverty Mr. MONDALE. Mr. President, will the siderable objection. In the nomination program. I want to tell my distinguished Senator yield? of Mr. MarIan for commissioner of edu- .44478 CONGRESSIONAL RECORD-.SENATE December 31,1970 cation, there was considerable objection Mr. JAVITS. Mr. President, I beg Sen­ which I have referred might well have and considerable support. It has always ators to desist now. Here is a man who become law because of a failure of the been our policy to have fair and compre­ may be director of this agency. I think press to faithfully report to the Ameri­ hensive hearings, hearings similar to he is a good man. Nothing that has been can .people what a complete fiasco the those conducted by a court oflaw. going on does him or the OEO any good. entire thing was. We have not had time to properly in­ That is all I urge the Senator in whose For my own part, Mr. President, I was vestigate this matter. I have received heart this program is as dear as it is to willing to vote to give the plan a trial protests from many people. I have not mine. I have been with it from the be­ provided that the Nixon administration blocked Mr. Carlucci nor have I tried ginning. Everyone's point has been eluci­ would also agree to try some alternatives to induce the committee to push him dated. I am deeply concerned that there which made a great deal more sense through. be a good government servant and a solid before putting the family assistance plan My attention has been called to the program. into effect. Washington Monthly item that discusses Mr. CRANSTON. I thank the Senator There was never any problem insofar the ordeal of the legal services of OEO. from New York. as the Finance Committee was concerned lt states that Mr. Carlucci gives us the Mr. President, I yield the floor. in authorizing and providing money to benefit of his great educational career, have a pilot program to provide an his Harvard business school experience, honest test for the family assistance plan his career in foreign service, and so SOCIAL LEGISLATION IN THE 91ST as well as the alternatives to it. The forth. CONGRESS final and complete failure of the proposal There is no doubt in my mind that Mr. LONG. Mr. President, among the resulted from the fact that the Secretary legal services has been one of the great great men with whom I have had the of Health, Education, and Welfare, programs of the OEO. It is well respected privilege of serving in this body was the speaking for the administration, dog­ by lawyers and others and I feel that former Senator from Oklahoma, Robert gedly insisted that the administration Congress is in large measure responsi­ S. Kerr, who would today be chairman of must have the right to trigger this ble for this. From time to time after the the Senate Committee on Finance had grandiose scheme into full effect, nation­ program started, I have opposed giving he not driven himself to an early grave wide, after a I-year trial period, even if the Governors a veto of the program helping the late John F. Kennedy enact a great number of people in Congress because many Governors-and when the the Revenue Act of 1962. Bob Kerr used had, by that time, concluded that the chips were down-vetoed programs that to say to me, "when people lie about you, plan was an utter and complete failure­ helped the poor. A former Governor of laugh at them-laugh at them." Without which it showed every prospect of being. my State was in the forefront. His ac­ that philosopy. Bob Kerr could never During the consideration of the plan tion was not against the legal services have been the great governor and the by the Senate Committee on Finance, program; it was something less contro­ great Senator that he indeed was. the administration changed its plan at versial than legal services. I did not regard it as a laughing mat­ least a dozen times, trying to meet Having been a supporter of tha.t origi­ ter, but I prefer to laugh rather than criticisms and obvious shortcomings. nal program since 1964. and having tried complain about smears, misstatements, The administration proponents of the to prevent Congress from giving away and falsehoods that have been told about plan made the full cycle. They tightened the power of the veto to Governors, I me during this year. But I do believe that up on wolk requirements and other loose take the position I take today. We all it would be well to state for the record provisions of the bill to attract con­ owe a responsibility to the citizens of this at the close of this year what the actual servative votes until they ran off liberal country. To delegate to the Governors of truth is so that some historian at a future supporters, then they loosened up on the the States how to run a program we date may be privileged to set the record tight ends until they ran off conservative created fragments of thE' program into straight. supporters. 50 separate divisions. The fact of the matter is that this If one assumes-as most of us do­ As the chairman of that committee, Congress has failed to enact the social that a proper welfare plan would remove when I saw that the full committee would legislation which the Nation had a right from the rolls a great number of persons not have time to properly investigate to expect because the administration­ names who never had any business being this nomination, I delegated this respon­ with good intentions but poor advice­ there in the first place then that is the sibility to the chairman of the Subcom­ was determined to enact a fantastically one failure of the existing program mittee on Employment, Manpower and complex and unworkable monstrosity, re­ which the administration never sought Poverty. The distinguished Senator from ferred to as a family assistance plan. Had to change. Some of us pointed out that Wisconsin (Mr. NELSON) held hearings. this plan become law, it would have in­ individual welfare cheaters are on the It never came to the full committee. It creased the number of people on public rolls in some States as many as five and never came from the subcommittee. welfare by more than 130 percent. It 10 times. The President's plan provided Unless the committee is willing to act, would have retained all of the evils of far better for illegitimate children than I do not think I should exert pressure the existing welfare program-including it did for children born in wedlock. The on anybody on the committee or on the fabulous amounts of welfare cheating plan provided better for people who de­ subcommittee to force something on that is already taking place. It would clined to work than it did for people who them. I have had appeals which asked, have made it virtually impossible for peo­ did work. "Please confirm anybody to head it. Just ple to obtain domestic help; laundry All of these failures of the existing wel­ put anybodY in to save it." If we were workers, waiters; restaurant and hotel fare program were thus to be grand­ facing a 4-month delay, that might cooks; taxi drivers and persons to do low fathered in as apart of the grandiose appeal to me, but a new Congress is paying-although necessary-work in new scheme under the White House pro­ coming in on January 21 and that is our economy. posal. only 20 days away. The subcommittee The truth of the matter is that the Some of us who have led the charge has not reported this matter and as the shortcomings of the plan were discovered to try to provide more fully for the poor chairman of the full committee I do not by the senior Senator from Delaware, did not want to be accused, even falsely, see how in these waning hours of Con­ JOHN WILLIAMS. It was JOHN WILLIAMS, of voting against something for the bene­ gress a slowdown could be prevented. above all others, who deserves the credit fit of poor people. It is for reasons of this Slowdowns occur in committees just as for exposing the ridiculous contradic­ sort that some of us went along with the they do on the fioor of the Senate. tions contained within the plan and the family assistance plan to the extent that Mr. JAVITS. Mr. President, will the erroneous assumptions upon which it was our consciences would permit, but now Senator yield? based. that the whole fiasco has gone down the Mr. CRANSTON. Mr. President, first, I The senior Senator from Delaware was drain for this Congress, it is about time thank the distinguished chairman of the ably assisted in his statesmanlike en­ someone pointed out that you do not committee for his very fine and appro­ deavor by a number of other Senators, clean up the welfare mess merely by priate comments. I would like to say that including the Senator from Nebraska making it twice as big and twice as tI:e Senator from Louisiana is waiting to (Mr. CURTIS), the Senator from Wyom­ costly. gIVe us something of a legislative nature ing (Mr. HANSEN), the Senator from Now that the effort to enact the family to work on. I yield briefly to the Senator Georgia (Mr. TALMADGE), and the Sena­ assistance plan has failed, it might be from New York. Afterward I will yield tor from Virginia (Mr. BYRD). These able well for the record to reflect that even the floor. men knew that the unworkable plan to its most ardent advocates in the Senate