January 23, 1969 CONGRESSIONAL RECORD- SENATE 1635
B y Mrs. MINK : Scavuzzo; to the Committee on the Judi Pa.ullno A. Olsrldades snd Dr. Lydia. A. Clari H.R. 4511. A blll for the relief of Crlsologo ciary. da.des; to the Committee on the Jud1c!ary. Redondo Campos; to the committee on the H .R . 4531. A bill for the rellef of Amnon By Mr. SCHEUER: Judiciary. Kahane and hls wife, Galla. (Paritski) H .R . 4550. A blll for the relief of Henry By Mr. MONAGAN: Kahane, and their two minor sons, Hlllel Joseph Condron; to the Committee on the H.R. 4512. A bill for the relief of Mr. and Kahane and Lier Kahane; to t he Commit Judiciary. Mrs. Joseph D . Hilbert; to the Committee tee on the Judiciary. By Mrs. SULLIVAN: on the Judiciary. H .R. 4532. A b!ll for the relief of Giovanni H.R. 4551. A blll for the rellef of Dr. Delfina By Mr. MORSE: Tavano a nd his wife, Natalina T avano; to M. Ibalio; to the Committee on the Judiciary. H.R. 4513. A bill for the relief of Rocco the Committee on the Judiciary. By Mr. TALCOTT: DeCiantls; to the Committee on the Judi By Mr. RODINO: H .R. 4552. A bill for the relief of Carl Aiello; ciary. H .R . 4533. A blll for the relief of Dlmitrlos to the Committee on the Judiciary. H .R. 4514. A bill for the rel!ef of Bene P. Tasslos; t o the Committee on the Judi By Mr. TEAGUE of Texas: detto Dimaggio; to the Committee on the ciary. H.R. 4553. A bill for the relief of A. J . Fred Judiciary. By Mr. ROONEY of New York: rickson; to the Committee on the Judiciary. B y Mr.NIX: H .R . 4534. A blll for the relief of Angelo By Mr. THOMPSON of New Jersey: HR. 4515. A bill for the relief of Vincenzo DlStefa.no; to the Committee on the Judi H .R. 4554. A blll for the relief of Dr. Sin San Argiro. his wife, Anna Marla Argiro, and ciary. Yang; to the Committee on the Judiciary. their minor children, Nataline Argiro, Aldo By Mr. ROONEY of Pennsylvania. : By Mr. VAN DEERLIN: Argiro, and Concetta Argiro; to the Commit H .R . 4535. A blll for the relief of Herbert H .R. 4555. A bill for the relief of Mrs. Tullio tee on the Judiciary. Chan, Szeto Wing Ha Chan, a nd son, Frank Zanella. Cacioppo; to the Committee on the H.R. 4516. A bill for the rel!ef of Maria Chan; to the Committee on the Judiciary. Jucticlary. La Valle Arrigo; to the Committee on the H .R. 4536. A blll for the relief of Mrs. Ana H .R. 4556. A blll for the relief of Mihalj Judiciary. Horvat and children, Josephine and Ksenlja l\Iesa.ros, his wife, Rozalija., his daughter, H.R. 4517. A bill for the relief of Euloglo Horvat; to the Committee on the Judiciary. Llolja, and his son, Robert; to the Committee Navasca Bayna, and his wife, Llgaya Nlca nor H .R . 4537. A blll for the relief of Efstathlos on the Judiciary. B ayna; to the Committee on the Judiciary. (Stephen) Kaunouplos; to the Committee on By Mr. VANIK: H .R. 4518. A bill for the relief of Raquel the Judiciary. H .R . 4557. A b1ll for the relief of Peh-An Falnszteln; to the Committee on the Judi H.R. 4538. A blll for the relief of Michael F. Chang; to the Committee on the Judiciary. ciary. Mouzakls; to the Committee on the Judi By Mr. WHALLEY: H.R . 4519. A bill for the relief of Dr. ciary. H .R. 4558. A bill !or the relief of Gordon Giorgio Ingargiola; to the Committee on the H .R . 4539. A bill for the relief of Dr. Angelo Pak Man Gartner-Chan; to the Committee Judiciary. Zosa; to the Committee on the Judiciary. on the Judiciary. H .R . 4520. A bill for the rel!ef of CJ!fton By Mr. ROSTENKOWSKI: H.R. 4559. A bill for the relief of Rosa. Oliver Johnson; to the Committee on the H.R. 4540. A bill for the relief of Nicola Marigliano; to the Committee on the Judiciary. and Marla Lerarlo, Vincenza Le.rarlo F avia Judiciary. H.R. 4521. A bill for the relief of R osalinda and Luigi Lerarlo; to the Committee on the By Mr. WILLIAMS : Misagal; to the Committee on the Judiciary. Judiciary. H.R. 4560. A b1ll for the relief of Sa Cha H.R. 4522. A bill for the relief of P atrocino H.R. 4541. A blll for the relief of Mrs. Bae; to the Committee on the Judiciary. Morales and h is wife, Divina Morales; to the Helena Wojcik; to the Committ ee on the By Mr. WYMAN: Committee on the Judiciary. Judiciary. H .R. 4661. A bill for the relief of the estate H .R. 4523. A bill for the relief of Gaetano By Mr. ROYBAL: of Capt. John N. Laycock, U.S. Navy (re Nazzyeno Pelllcclotta and his wife, Teresa H.R. 4542. A blll for the relief of Estrella. tired); to the Committee on the Judiciary. Pelllcclotta; to the Committee on the Ju B. Viray; to the Committee on the Judiciary. H .R . 4562. A b1ll for the relief of Cosimo dlclYy. By Mr. ST. ONGE: Damiano Ra.na.uru; to the Committee on the By Mr. PELLY: Judiciary. H .R. 4524. A blll for the relief of Phlllp D. H .R . 4543. A blll for the relief of Vuong Jang; to the Committee on the Judiciary. Thi Bick Tuan; to the Committee on the H .R. 4525. A bill for the relief o! Kam Oy Judiciary. Jung; to the Committee on the Judiciary. By Mr. SANDMAN: PETITIONS, ETC. H.R. 4526. A bill for the relief of Henry H.R. 4544. A blll for the relief of Fortunato Armlndo Arias-Maldonado; to the Committee Under clause 1 of rule XXII, petitions Louie; to the Committee on the Judiciary. and papers were laid on the Clerk's desk By Mr. PEPPER: on the Judiciary. H .R . 4527. A blll for the relief o! Milton H.R. 4545. A blll for the relief of Fran and referred as follows: Sang; to the Committee on the Judiciary. cesco Costanzo; to the Committee on the 32. By the SPEAKER: Petition of Jesse By Mr. PODELL: Judiciary. Earl Brown, Atlanta, Ga., relative to redress H.R. 4528. A bill for the relief of Antonio H .R . 4546. A blll for the relief o! Anna. Del of grievances; to the Committee on the Arena, his wife, Anna Arena, and their daugh Baglivo; to the Committee on the Judiciary. Judiciary. ter, Anna Nicoletta Arena; to the Committee H .R. 4547. A blll for the relief of Pietro 33. Also, petition of Henry Stoner, Port on the Judicia ry. and Gabriella Bianco; to the Committee on land, Oreg., relative to the right to petition; H .R . 4529. A blll for the relief of Gaetano the Judiciary. to the Committee on the Judiciary. F avuzza and his wife, Tommasa Favuzza; to H.R. 4548. A b1ll for the relief of Michele 34. Also, petition of Arlie K . Rudel, Ster the Committee on the Judiciary. Bovenzl; to the Committee on the Judiciary. ling, Colo., relative to salary increases; to the H .R . 4530. A blll for the relief of Mariano H .R. 4549. A b1ll for the relief of Dr. Committee on Post Office and Civil Service.
SENATE-Thursday, January 23, 1969 (Legislative day of Friday, January JO, 1969) The Senate met in executive session at which endures in all ,that is good and Senate by Mr. Geisler, one of his secre 11 a.m., on the expiration of the recess, pure and true. taries. and was called to order by the Acting Through Jesus Christ, our Lord. Amen. President pro tempore (Mr. METCALF). EXECUTIVE MESSAGES REFERRED The Chaplain, the Reverend Edward THE JOURNAL The ACTING PRESIDENT pro tem L. R. Elson, D.D., offered the following pore laid before the Senate messages prayer: Mr. MANSFIELD. Mr. President, I ask from the President of the United States unanimous consent that the Journal of Almighty God, who has made and submitting sundry nominations, which the proceedings of Wednesday, January were referred to the appropriate com preserved us a nation, prosper the con 22, 1969, be approved. sultations of these Thy servants for the mittees. The ACTING PRESIDENT pro tem (For nominations this day received, see honor, safety, and welfare of this Na pore. Without objection, it is so ordered. tion and all mankind. Keep us from easy the end of Senate proceedings.) discouragement or weariness, from giv ing up or giving in too soon. MESSAGES FROM T.r:IE PRESIDENT DEPARTMENT OF THE INTERIOR Grant us this day the grace which is Messages in writing from the Presi The Senate resumed the consideration generous, the determination which is dent of the United States submitting of the nomination of Walter J. Hickel, of steadfast in decision, the perseverance nominations were communicated to the Alaska, to be Secretary of the Interior. CXV--104--Part 2 1636 CONGRESSIONAL RECORD- SENATE January 23, 1969 Mr. MANSFIELD. Mr. President, I turn emor Walter J . Hickel to be Secretary may be impossible for the Secretary to over the time allotted to me to the dis of the Interior. determine what Congress wants. The tinguished Senator from Utah West Virginia. Mr. our lakes and water courses? Should he Johnson, Secretary of the Interior Udall, President, I suggest the absence of a not have recognized, if he is going to be and President Kennedy started alerting quorum, and ask unanimous consent that the chief custodian of our resources, that the public. A stirring is underway in the the time be not charged to either side. we are using 350 to 400 billion gallons of conservation cause, and a momentum is The PRESIDING OFFICER. Is there water a day; that we have available only underway. This country cannot afford objection? 600 billion gallons; that we will be using to have a man who is not prepared to be Mr. ALLOTT. Mr. President, reserving that much in 1980; that we will be using the spokesman and the leader of this the right to object, I suggest that the re twice the national supply in the year confrontation. That is why I shall vote quest be modified to provide that the 2000-32 years from now; and that un against the confirmation of the nomi time for the quorum call be taken less we proceed with deliberate and great nation of Mr. Hickel. equally from each side. speed, we will have contaminated and Mr. CRANSTON. Mr. President, will Mr. MOSS. I have no objection. destroyed all the fresh water in America, the Senator yield? The PRESIDING OFFICER. Without on the surface and in the underground Mr. NELSON. I yield to the Senator objection, it is so ordered; and the clerk aquifers? It is a dramatic and crucial from California. will call the roll. question to this country and water is his Mr. CRANSTON. Mr. President, I read The bill clerk proceeded to call the roll. jurisdiction as Secretary of the Interior. with particular interest the material on Mr. JACKSON. Mr. President, I ask Should he not have said something page 174 of the hearings. In my State, unanimous consent that the order for the about pesticides and herbicides? He there a.re scientists who speak the same quorum call be rescinded. thought, when I asked him that-I things ,the Senator has recounted about The PRESIDING OFFICER. Without should get the quotation-something to the great fear that human life will be objection, it is so ordered. the effect that if research demonstrated threatened soon if air pollution, water Mr. JACKSON. Mr. President, I yield that these slow-degrading herbicides and pollution, and other intrusions upon na myself such time as I require. pesticides were creating damage, some ture are not halted. The PRESIDING OFFICER. The Sen thing should be done about it. Every I was startled by the Governor's re ator from Washington is recognized. conservationist in the world, every ecol sponse to the Senator's question as to Mr. JACKSON. Mr. President, the able ogist, every entymologist, every scientist, his attitude toward human environment Senator from Maryland ines e.nd Hawaii. Sen post, to Salli's surprise and dismay. capabilities, and how history has com ator Toslwo Nakayama of Truk missed the Since then, Salli has used a needle when plicated life for them. '68 session of Congress because he was In effective and a baseball bat when necessary And so he defends against the sarcasm of Hawaii completing work on his bachelor's to keep the administration aware throughout his fellow senators his resolution asking that degree. the session that Micronesians, if they don't Micronesians be allowed to enlist in the U.S. The congressmen, despite their youth, are yet know what they want, at least reserve military. And he goes to Japan with some of polltlca.lly experienced. All but ten of them the right to se.y no to what they don't want. Salpa.n's outspoken leaders to ask for aid nave served in their district legislatures. Ame.ta Kabua ls another enigma.. Exhorting after Typhoon Jean. And he !aces another Four of the 1COllege degrees are In political the virtues of democracy, the rights of the election knowing that "Reunification with science. people, he Is one of the highest ranking of Guam" may very well be the cry of the win The congressmen are well traveled. Twen the royal Irolj e.nd sternly defends the tradi ner this year in the Marianas, but unable to ty of the thirty-three have toured the con tional Marshallese system of land ownership, believe In it after four years in the heady at tinental United States. Another seven have one of the least democratic systems ever in mosphere of the Congress of Micronesia. And traveled to He.wall or other parts of the Pa vented. And while he indignantly denounces his fellow senators sigh wearily when he be cific. Seven have also toured the Orient, and the Trust Territory government for falling to gins one of his Interminable speeches. But one (Nakayama) has traveled in Europe. develop the economy of the islands, he he.s, they elected him to represent them next year The congressmen have good jobs. Of the from time to time accepted government aid at the United Nations. 24 members of the Congress employed by the In rescuing his business interests from finan The faces, the personalities in the congress Trust Territory government, twenty are on cial ruin. of dissent are varied. There are the hard the "C" or professional scale, with salaries Soft spoken and calm, he wields an ob workers. In the House they !Aclude Speaker ranging from $2800 to $6000. other members vious Influence over three of the four Mar Bethwel Henry, quiet, thoughtful, the polit are employed by district legislatures, com shallese In the House. And he Is e. power to est of all considerate Ponapeans, his sense munity action agencies and private business. be reckoned with in the Senate where he of humor easing occasional difficult mo What are some of the Individuals like In serves as floor leader. ments; Ponape's prodigy, Floor Leader Am this group of young men? Tradition's most important representative bilos Iehsl, inevitable cigarette clenched Perhaps the member who had the greatest in the Congress Is Truk's Chief Petrus Mallo, firmly in his teeth, energetically keeping the Impact on this Congress Is Senator Balley mayor of Moen, president of the Truk Trad proceedings in motion; Luke Tman, the Olter of Ponape. Olter was the author ot the ing Company. He Is vice-speaker of the House handsome Japanese-Palauan adopted by a scholarship bill, the dreamer of the great of Representatives and the only member of Ya.pese clan, worried about his position as dream that politicians facing an election In the Congress who uses an interpreter. He sits a congressman and as a headquarters official November could afford to sacrifice capital sometimes for days, patiently listening to the and about the conflicts of Interest inherent Improvement projects for their home dis proceedings (legend insists that he under in his heritage; Benjamin Manglona, young tricts In favor of an idealistic attempt to In stands most English when he hears it, even It and sincere, struggling to represent a.n fluence the future of their country by pro he doesn't speak it), grunting occasionally anomaly known as Rota which, having once viding for training Its youth. to signal to his aide that he needs a trans been a district cannot accept sub-district Energetic e.nd exuberant, Olter attracts lation. status; and Joab Slgrah of Kuse.le, quietly followers. He served as Senate vice president When he decides to speak on an issue, the pleading for some attention to the problems during the first two years of the Congress entire house listens Intently. The guttural of his long-neglected island. There are the and has been chairman of the Senate Ways Trukese comes rumbling forth from his Ups. Trukese-tough, stocky Raymond Setik, kept and Means Committee for the past two ses Then calmly, never blinking, he waits while out of Congress this year after an automobile sions. His infectious gaiety outside the ha.Us the English version Is presented. Then the accident (it is interesting to wonder how of Congress contrasts with the gentle polite rumble begins again. Bailey Olter's scholarship bill would have ness that Is characteristic of many men from Chief Petrus does not really want to be In fared had Setik been cha.iring the House Ponape. In the Senate, he Is often the calm the Congress. At his age, it is an exhausting Appropriations Committee throughout the voice of reason, sturdy before waves ot emo six weeks work, and with his language handi session); cheerful Chutomu N!mwes, the tional rhetoric. cap, It must be rather frustrating at times. "giant Micronesian" who will represent the The fact that Olter was able to persuade The fa.ct that in spite of this he is in the House at the United Nations next year; almost every other member of the Congress Congress and Is probably the strongest vote Mltaro Danis trying to straighten out Micro to vote with him on the scholarship bill ts of confidence the concept of a united Micro nesia's tangled land problems; Soukichy testimony to his leadership ab!lltles. If the nesia could receive. Fritz, studying for hours the technical lan bill Is signed Into law, and 1! the Congress In 1966, Chief Petrus insisted that he was guage in the small bills many others would can administer a successful scholarship pro going to concentrate on running Moen and prefer to Ignore. And Palau's Jacob Sawa.lchi, gram, It will still be may years before the the trading company-he would not be a. looking pleasantly inscrutable and absolutely results of Olter's dream can be seen. It took candidate for Congress. Trukese colleagues immoveable. courage to dream, it took confidence In the In Congress were alarmed. If Chief And there were the loud ones. Ponape's future. Petrus didn't run for re-election after serv Daro Welta.l, sophisticated, pouncing upon Another influential member of the Con ing In the Congress for its first two years, opportunities to use his gift of rhetoric; gress is PoUtlcal Status Commission Chair they were afraid the Congress would lose Ekpap Silk, anxious In his role as representa man Lazarus Salli. Where Ponapean Olter status In the eyes of the people of Truk. tive of the Marshall's antl-Ka.bua. faction; exhibits some of the boisterous characteris "Chief Petrus went to Saipan for two ses Manuel Muna of Sa.lpa.n and Polycarp Basil tics of the stereotyped Palauan, Palauan sions," people would say, "and he decided ius of Palau, frequently the petulant voices Salli is quiet, thoughtful, often enigmatic. this Congress of Micronesia isn't really worth of regionalism, redeemed by fie.shes of humor. Salli has been dubbed by some American the trouble." It took the others a long time The Senate, too, had its loud dissidents, officials who have worked with him as "sure to persuade Chief Petrus that his continued led this year by Ponape's Dr. Hlrosi Ismael to be Micronesia's first elected High Commis participation was essential to the reputation (see interview, page 3) who saw another side sioner." Other American officials see him as of the Congress In Truk, but just before the to almost every question and brought it a dangerous man who should be watched. It deadline for filing of candidacy, he relented forcefully to light. The conscientious Trukese is difficult to see in the calm face, the wide, and was, of course, almost unanimously re In the House had their counterpart In Andon Innocent eyes, either the leader or the sub elected. Ame.ra.ich In the Senate. Ama.ralch seems versive. But In conversation, It Is impossible If Chief Petrus' belief in the Congress of always serious, reflecting the careful con to overlook the brilliance of the man. Micronesia Is an important tribute to its servatism of his constituents, a. quiet voice "You criticize America for Its fatness, Its Idea.ls, so Is Olympic Borja's-on a very dif of reason when debates get overheated. A mercenary attitude, Its excesses," he tells a ferent plane. certain air of solemnity also characterized grumbling Peace Corps Volunteer. "I want Borja represents the Marianas In the Sen the front of the chamber where Palau's John you to explain to me how a country with ate and like his slightly schizophrenic con Nglra.ked presided, taking his responsibilities so many bad ideas and attitudes can sup- stituency, he Is a. study In contradictions. very seriously, grave In his comments, care- January 23, 1969 CONGRESSIONAL RECORD- SENATE 1647 ful in his parliamentary rulings, an almost sent that this letter be included in the ate a letter from the Comptroller Gen conservative contrast to Palau's other sen RECORD. eral of the United States, transmitting, ator, David Ramarui who is more aggressive, There being no objection, the letter pursuant to law, a report on compilation sometimes demanding. was ordered be printed in the RECORD, of General Accounting Office findings And then there is Yap's Senator Franc to Nuuan known for his antics on the floor of as follows: and recommendations for improving the Senate. He is a traditional Yapese, he (From the New York Times, Dec. 29, 1968] government operations, fiscal year 1968 is a modern businessman; he can be ch~ HUMAN RIGHTS TREATIES which, with an accompanying report was ing and open, he can be almost orientally To the EnrroR: Your editorial of Dec. 15 referred to the Committee on Govern inscrutable. "Negligence on Human Rights" was a force ment Operations. "Whenever a resolution is referred to my ful reminder that at the end of International committee," he confided one night at the Year for Human Rights the United States Royal Taga bar, "I go through it and take remains a laggard in failing to ratify human EXECUTIVE REPORTS OF out all those clauses that begin 'whereas.' rights treaties. COMMITTEES We have too much to do in thirty days. We don't have time for the whereases." It is almost unbelievable that in the very year we celebrate the twentieth anniversary As in executive session, Nuuan has always been a dedicated oppo The following favorable reports of nent of minor resolutions, mainta1ning that of the Universal Declaration of Human Rights we have neglected to remove the nominations were submitted: while the Congress' power to legislate is lim ited, it has unlimited power to communicate twenty-year-old Genocide Treaty from the By Mr. FULBRIGHT, from the Committee through resolutions. But, he says, the power deep freeze where It was stored many years on Foreign Relations: of resolutions can be easily diluted, if too ago by the Senate Foreign Relations Com E111ot L. Richardson, of Massachusetts, to many of them are adopted . mittee. Commenting on that committee's po be Under Secretary of State; and "What do we need the whereases for, any sltlon, Chairman Fulbright wrote that "there Richard F. Pedersen, of California, to be way?" he asked. "If it ls a good resolution, appears to be no reason why these treaties Counselor of the Department of State. it doesn't need much justification. You can should not receive further study. As you By Mr. HOLLAND (for Mr. ELLENDER). say: Resolved that Kusale should have an know, any treaty tabled can be taken off from the Committee on Agriculture and For airstrip because it has four thousand people the table a t a later d ate." That time is now. estry: and doesn't have an airstrip. Why do you There are hopeful signs, too, that the Ameri J. Phil Campbell, of Georgia, and Clarence need whereases about jutting peaks and can Bar Association m ay take a more for D. Palmby, of Virginia, to be members of the glimmering bays? And if it is a stupid reso ward-looking position In this regard. Board of Directors of the Commodity Credit lution, all those whereases only make it On United Nations Day President-elect Corpora tlon. stupider.'' Richard M. Nixon sent a message to the By Mr. LONG from the Committee on Fi During a discussion in the Senate one President's Commission for the Observa nce nance: morning on a commendatory resolution, of Human Rights Year. He said: "The strug Charis E. Walker, of Connecticut, to be Nuuan asked, "Mr. President, may I be per gles that divide the world today center on Under Secretary of the Treasury; and mitted to speak some nonsense?" The sena questions of human rights. It is America's Paul A. Volcker, of New Jersey, to be Under tors good-naturedly allowed him to continue. role and responsibility, as the brightest bea Secretary of the Treasury for Monetary "Mr. President, we have too much to do in con of freedom, so to conduct Itself as to Affairs. provide an example that will truly llght the 30 days," Nuuan said. "I therefore move that Mr. THURMOND. Mr. President, from next year, In the fifth session, we don't have world." any resolutions." This is the philosophical basis for our rati the Committee on Armed Services I re In a stage whisper, he said to his some fying these treaties. It would help restore port favorably the nominations of 129 time partner in clowning, Dr. Lanwl, "You America's position as a world leader ln this flag and general officers in the Army, second it." field If Mr. Nixon will call for promptly Navy, and Air Force. I ask that these Lanwi grinned. "No, I'm sorry. Nonsense putting these concepts Into treaty form. names be placed on the Executive Cal I don't second." BRUNO V. BrrKER, endar. And then during the last days of the ses Member, the President's Committee for The PRESIDING OFFICER. Without sion, it was Nuuan who pushed for quick the Observance of Human Rights adoption of a resolution that would have Year 1968. objection, it is so ordered. asked President Johnson to establish in his WASHINGTON, December 17, 1968. The nominations, ordered placed on office an advisor on Micronesia. Texas Mil the Executive Calendar, are as follows: lionaire Fred Cox had come to Saipan and Mr. PROXMffiE. Mr. President, once Col. William Henry Moncrief, Jr., Army of suggested the resolution. Some of the sena again I call on the Foreign Relations the United States (lieutenant colonel, Medi tors were dubious and speculated that Fox Committee to report these treaties to the cal Corps, U.S. Army), and Col. Thomas had his eye on the appointment i! the job Senate, some of which, as I have said, Joseph Whelan, Jr., Army of the United was created. have been pending since 1949. States (lieutenant colonel, Medical Corps, "My colleagues have suspicious minds," U.S. Army) for temporary appointment in said Nuuan, preparing another wad of betel the Army or the United States ln the grade nut, pepper leaf and powdered lime and smil APPOINTMENTS BY THE VICE of brigadier general; ing blandly as the Senate decided to refer PRESIDENT Vice Adm. Rufus L. Taylor, U.S. Navy, for the resolution to the Political Status Com appointment to the grade of vice admiral on mission. The VICE PRESIDENT. The Chair, the retired llst; And American observers puzzled over pursuant to 67 Statutes 328 and 70 Stat Rear Adm. George M. Davis, Jr., Medical Nuuan's interest in the resolution, just as utes 966, appoints the Senator from Ok Corps, U.S. Navy, for appointment as Chief they puzzled all summer over the statements, lahoma (Mr. BELLMON) to the Senate Of c:tf. the Bureau of Medicine and Surgery; the contradictions, the actions and the de Vice Adm., Robert B . Brown, Medical Corps, cisions of the congress of dissent, the voices fice Building Commission, i11 lieu of the U.S. Navy, for appointment to the grade of of a new democracy. Senator from Kentucky, Mr. Morton, re vice admiral on the retired list; tired. Vice Adm. George G. Burkley, Medical The Chair, pursuant to the provisions Corps, U.S. Navy (retired), for permanent HUMAN RIGHTS: THE PASSING OF of 42 United States Code 2251, appoints appointment to the grade of vice admiral the Senator from New Hampshire (Mr. on the retired llst; THE HUMAN RIGHTS YEAR Rear Adm. Wllllam P. Mack, U.S. Navy, COTTON) to the Joint Committee on for commands and other duties determined Mr. PROXMIRE. Mr. President, 1968 Atomic Energy, in lieu of the Senator was the International Year for Human by the President, for appointment to the from Iowa, Mr. Hickenlooper, retired. grade of vice admiral while so serving; Rights. In this year, as in the preceding The Chair, in accordance with Senate Gen. Robert William Porter, Jr., Army of 18 years, the U.S. Senate has failed to the United States (major general, U.S. Army) , ratify the human rights conventions, Resolution 281 of the 90th Congress, ap points the Senator from Rhode Island to be placed on the retired list in the grade although even the President in that of general; period has urged the Senate to do so. (Mr. PELL ) to the Select Committee To Lt. Gen. George Robinson Mather, Army of Mr. President, I call the attention of Study the Unmet Basic Needs Among the the United States (major general, U.S. Army), the Senate to a letter which appeared in People of the United States, in lieu of the to be assigned to a position of importance the December 29 issue of the New York Senator from Wisconsin (Mr. NELSON), and responslblllty designated by the Presi dent, ln the grade of general while so serv Times. It was written by Mr. Bruno V. resigned. ing; Bitker, a member of the President's Com Maj. Gen. Chester· Lee Johnson, Army of mittee for the Observance of the Human REPORT OF COMPTROLLER the United States (brigadier general, U.S. Rights Year. Mr. Bitko calls attention GENERAL Army) , and sundry other officers, for appoint to a recent statement by President ment in the Regular Army of the United Nixon. The PRESIDING OFFICER (Mr. States ln the rank of major general; Mr. President, I ask unanimous con- GRAVEL in the chair) laid before the Sen- Maj. Gen. Paul T . Cooper, U.S. Air Force. 16418 CONGRESSIONAL RECORD- SENATE January 23, 1969 (brigadier general, Regular Alr Force), and s. 573. A bill for the relief of Dr. Jose R. Lamadrlz; to the Committee on the Judi sundry other officers, for appointment in the Guerra; to the Committee on the Judiciary. ciary. Regular Alr Force, 1n the grade of major By Mr. JACKSON (by request) : By Mr. FANNIN (for himself and Mr. general; S. 574. A bill to authorize the Secretary GOLDWATER) : Brig. Gen. Robert L. Cardenas, U.S. Air of the Interior to engage 1n feaslblllty in S. 585. A bill to provide for the appoint Force, ( Colonel, Regular Air Force) , and vestigations of certain water resource de ment of an additional district Judge for the sundry other officers, for appointment 1n the velopments; to the Committee on Interior District of Arizona; to the Committee on Regular Air Force, 1n the grade of brigadier and Insular Affairs. the Judiciary. general; (See the remarks of Mr. JACKSON when he (See the remarks of Mr. FANNIN when he Brig. Gen. Anthony T . Shtogren, Regular introduced the above bill, which appear under introduced the above b!ll, which appear un A1r Force, and sundry other officers, to tem a separate heading.) der a separate heading.) porary appointment 1n the U .S. Air Force, in By Mr. JACKSON (for himself and By Mr. TALMADGE: the grade of major general; Mr. HANSEN) (by request) : S. 586. A bill for the relief of Nguyen Van Gen. Theodore William Parker, Army of S. 575. A bill to amend authority of the Hue; to the Committee on the Judiciary. the United States (major general, U.S. Army), Secretary of the Interior under the act of By Mr. METCALF: to be placed on the retired list the grade of July 19, 1940 (54 Stat. 773), to encourage S. 587. A bill to allow the Sierra Club to 11:enera.l; and through the National Park Service travel In retain Its status as a tax-exempt organiza Lt. Gen. Joseph R. Holzapple (major gen the United States, and for other purposes; tion until Its right to this status has been eral, Regular Air Force) , U.S. A1r Force, to to the Committee on Interior and I.m;ular adjudicated; to the Committee on Finance. be assigned to positions of importance and Affairs. By Mr. MUNDT: responsibility designated by the President In (See the remarks of Mr. JACKSON when he S. 588. A bill to give farmers an additional the grade of general. Introduced the above blll, which appear month In which to meet the requirement of under a separate heading.) filing a declaration of estimated tax by filing Mr. THURMOND. Mr. President, in By Mr. JAVITS (for himself and Mr. an Income tax return for the taxable year addition, I report favorably 1,118 ap GOODELL): for which the declaration is required; to the pointments in the Army in grade of s. 576. A bill to amend the Public Health Committee on F'!nance. major and below, 647 appointments in Service Act to extend for 1 additional year By Mr. TYDINGS: the Air Force in grade of major and be the authorization of project grants for rat S. 589. A bill for the relief of Dr. Tze Duen low, and 7,287 promotions in the Navy control; to the Committee on Labor and Chan, his wife, Shen Fen Chan, and minor in grade of captain and below. Since Public Welfare. daughter, Karen Chan; (See the remarks of Mr. JAvrrs when he s. 590. A bill tor the relief of Dr. Palem these names have already been printed introduced the above bill, which appear S. Rao, his wife, and their two minor chil in the CONGRESSIONAL RECORD, I ask under a separate heading.) dren; unanimous consent that they be ordered By Mr. RANDOLPH: S. 591. A bill tor the relief of Guiseppe to lie on the Secretary's desk for the in S. 577. A bill for the relief of Nenita L. Carlo Loproto; formation of any Senator. Laguna; to the Committee on the Judiciary. S. 692. A bill for the relief of Marlo Simoes The PRESIDING OFFICER. Without By Mr. HOLLINGS: DaFoneca; objection, it is so ordered. s. 578. A bill to Include firefighters within S. 593. A bill for the relief of Ivonna Napo the provisions of section 8336(c) of title 5, litano; The nominations ordered to lie on the United States Code, relating to the retire S. 594. A bill for the relief of Alisa Ramatl; desk are as follows: ment of Government employees engaged In S. 595. A ,bill tor ·the relief of Dr. Joseph Daniel H. Spoor, and sundry other persons, certain hazardous occupations; to the Com J . Jeffries; for appointment in the Regular Air Force; mittee on Post Office and Civil Service. S. 596. A bill for the relief ot Dr. Emmanuel Edward F. Abbey, and sundry other officers, By Mr. McINTYRE : Mendoza. Mania.go; for appointment In the Regular Air Force; S. 579. A bill for the relief of Dr. Farzln S. 597. A b1ll for the relief ot Dr. Parvlz William W. Bancroft, Jr., and sundry other Davachl; to the Committee on the Judiciary. Sahandy; distinguished graduates of the Air Force By Mr. YARBOROUGH: S. 598. A bill for rthe relief ot Dr. Robert officer training school, for appointment in the S. 580. A blll to authorize the Secretary of H. R. Haslam; Regular Air Force; the Interior to provide for rehabilitation of S. 599. A bill for the relief of Azucena Joseph P. Madden, and sundry other per the distribution system, Red Bluff project, deBorJa; sons, for appointment in the Regular Army; Texas; to the Committee on Interior and s. 600. A blll tor the relief of Myung m Berna.rd L. Stewart, and sundry other per Insular Affairs. Kim; sons, for appointment 1n the Regular Army (See the remarks ot Mr. YARBOROUGH when s. 601. A bill for the relief of Fermina of the United States; he introduced the above bill, which appear Marinas; and Denis F. Ausflug, and sundry other dis under a separate heading.) S. 602. A bill for the relief of Ruggero Curzi, tinguished military students, for appoint By Mr. MOSS: his wife, Marla Curzi, and their three chil ment In the Regular Army of the United S. 581. A bill to amend the Mineral Leas dren, Oscar Curzi, Fabio Curz!, and Loredana States; ing Act of February 25, 1920, as amended; Curzi; to the Committee on the Judiciary. Robert D. Galloway, scholarship student, and By Mr. NELSON: for appointment In the Regular Army of the S. 582. A bill to amend the act entitled "An S. 603. A bill for the relief of Mr. Oluse United States; act to promote the mining of ooal, phosphate, gun Adewale Oduko; and John P. Abbott, and sundry other cadets, oil, oil shale, gas, and sodium on the public S. 604. A bill for the relief of Mrs. Pris U.S. M111tary Aca.damy, for appointment in domain," approved February 25, 1920 (41 cilla Jordan and Mrs. Nandlpha Jordan Hen the Regular Army of the United States; and Stat. 437; 30 U.S.C. 181); to the Committee derson; to the Committee on the Judiciary. William B . Anderson, and sundry other on Interior and Insular Affairs. By Mr. DOMINICK (for himself, Mr. officers, for promotion in the U .S. Navy. By Mr. MOSS (for himself, Mr. BAYH, ALLOT!", Mr. HANSEN, Mr. BENNETr, Mr. BENNETT, Mr. BIBLE, Mr. BURDICK, Mr. FANNIN, Mr. GOLDWATER, Mr. Mr. CANNON, Mr. CASE, Mr. COOPER, HATFIELD , Mr. McGEE, Mr. MURPHY, Mr. CURTIS, Mr. DODD, Mr. EASTLAND, and Mr. PACKWOOD) : BILLS AND JOINT RESOLUTIONS Mr. ERVIN, Mr. GOLDWATER, Mr. GORE, s. 605. A bill for the relief of certain In INTRODUCED Mr. HA!uus, Mr. HART, Mr. HRUSKA, dividuals; to the Committee on the Judici Bills and joint resolutions were intro Mr. HUGHES, Mr. INOUYE, Mr. JAVITS, ary. Mr.MAGNUSON,Mr.MCGEE, Mr.MET By Mr. MUNDT: duced, read the first time and, by unani CALF, Mr. MONDALE, Mr. MONTOYA, S. 606. A bill to declare that certain fed mous consent, the second time, and Mr. MUSKIE, Mr. PEARSON, Mr. PELL, erally owned land Is held by the United referred as follows: Mr. PROUTY, Mr. RANDOLPH, Mr. States In trust for the Cheyenne River Sioux By Mr. ELLENDER (by request) : STEVENS, Mr. TALMADGE, Mr. TYD Tribe of the Cheyenne River Indian Reser S. 568. A bill to repeal certain acts relat INGS, Mr. WILLIAMS of New Jersey, vation; to the Committee on Interior and ing to exportation of tobacco plants and Mr. YARBOROUGH, and Mr. YOUNG of Insular Affairs. seed, naval stores; and wool; to the Commit Ohio): By Mr. SCO'IT: tee on Agriculture and Forestry. S. 583. A bill to provide for the flying of S.J . Res. 25. Joint resolution proposing an By Mr. TOWER: the American flag over the remains of the amendment to the Constitution of the S. 569. A bill for the relief of Peder Mon United States ship Utah In honor of the United States providing for the election sen; and heroic men who were entombed In her hull of the President and Vice President; to the S. 570. A bill for the relief of Valerie I. on December 7, 1941; to the Committee on Committee on the Judiciary. Bloom; to the Committee on the Judiciary. Armed Services. (See the remarks of Mr. ScOTI" when he By Mr. HOLLAND: (See the remarks of Mr. Moss when he In Introduced the above Joint resolution, which S. 571. A bill for the relief of Dr. Diego troduced the above bill, which appear under appear under a separate heading.) Aguilar Aranda; a separate heading.) By Mr. JACKSON: S. 572. A bill for the relief of Dr. Cesar By Mr. RANDOLPH: S .J . Res. 26. Joint resolution to provide Baro Esteva; and S. 584. A bill for the relief of Domlnto for the development of the Eisenhower Na- January 23, 1969 CONGRESSIONAL RECORD- SENATE 1649 tlonal Historic Site at Gettysburg, Pa., and Secretary of the Interior ls hereby authorized 11,000 acres of land and supplemental water for other purposes; to the Committee on to engage ln feasibllity studies of the follow for 9,606 acres now being irrigated but re Interior and Insular Affairs. ing proposals: ceiving an entirely inadequate supply. The By Mr. GOLDWATER: 1. Missouri River Basin project, Oregon plan also involves rehabllltatlon of some S.J. Res. 27. Joint resolution to amend TraU division, Corn Creek unit, ln south-cen existing facilities. the Communications Act of 1934 to provide tral Goshen County, ln the vicinity of Hawk Status: A reconnaissance report was com that certain aliens admitted to the United Springs, Wyoming; pleted in April 1965 which indicated that, States for permanent residence shall be eli 2. Missouri River Basin project, Longs Peak while the Unit was somewhat marginal, this gible to operate amateur radio stations in division, Front Range unit, in Cache la development ls needed to bolster an eco the United States and to hold licenses for Poudre River and St. Vraln Creek basins and nomically-depressed farming area and that their stations; to the Committee on Com adjacent areas ln the general vlclnlty of detailed studies to firm up the plan and merce. Boulder, Colorado; evaluate fully the economic Justification for By Mr. GOLDWATER (for himself, 3. Missouri River Basin project, Upper the development are justified. There is also a Mr. AIKEN, Mr . .ALLO'IT, Mr. ANDER Republican dlvlslon, Armel unit, on the posslblllty the Glendo inundated water rights SON, Mr. BAYH, Mr. BmLE, Mr. South Fork of the Republican River ln the can be used as a source of water tor this Unit. BURDICK, Mr. CO'ITON, Mr. CRANSTON, vlclnlty of Hale, Colorado. This would improve the economic teaslblllty Mr. CURTIS, Mr. Donn, Mr. DOLE, Mr. ot the development and will be considered ln EAGLETON, Mr. ELLENDER, Mr. ERVIN, The letter and explanation presented more detail in the feasibility study. Mr. FANNIN, Mr. FONG, Mr. GRAVEL, by Mr. JACKSON are as follows: Justification: The primary problem of this Mr. HARRIS, Mr. HARTKE, Mr. HAT U.S. DEPARTMENT OF THE INTERIOR, agricultural area ls uncertainty of preclp FIELD, Mr. HOLLINGS, Mr. HOLLAND, OFFICE OF THE SECRETARY, ltatlon. The preclpltatlon pattern ls cyclical Mr. HRUSKA, Mr. HUGHES, Mr. Washington, D.C., January 18, 1969. with frequent drought that results ln de INOUYE, Mr. JACKSON, Mr. JAVITS, Hon. HUBERT H. HUMPHREY, pletion of the livestock-carrying capacities Mr. JORDAN of North Carolina, Mr. President of the Senate, of the ranges. The nature of the watersheds LoNG, Mr. MAGNUSON, Mr. MANS Washington, D.C. and insufficient storage capacities of exist FIELD, Mr. MATHIAS, Mr. McCARTHY, DEAR MR. PREsmENT: Enclosed ls a draft ing reservoirs too often result ln low water Mr. MCCLELLAN, Mr. McGoVERN, Mr. ot a proposed bill "To authorize the Secre yield for irrigation. For example, the three MCINTYRE, Mr. METCALF, Mr. MILLER, tary of the Interior to engage in feasibility existing irrigation districts have combined Mr. MONTOYA, Mr. Moss, Mr. MUSKIE, investigations of certain water resource de facllitles for storing 25,265 acre-feet of water Mr. NELSON, Mr. PACKWOOD, Mr. velopments." Authorization ot teaslblllty from Horse Creek and Bean Creek. This PEARSON, Mr. PELL, Mr. PROUTY, Mr. studies as proposed by this bill is required storage provided an estimated average of RANDOLPH, Mr. RmICOFF, Mr. SAXBE, by section 8 of the Federal Water Project 0.56 acre-feet of water per acre at the farm Mr. ScO'IT, Mrs. SMITH, Mr. SPARK Recreation Act of July 9, 1965 (79 Stat. 217; headgates over the critical 1952-1962 pe MAN, Mr. SPONG, Mr. STEVENS, Mr. 16 u.s.c. 4601-19). riod. This ls far short of quantities needed SYMINGTON, Mr. TALMADGE, Mr. We recommend that the bill be referred to for irrigated farming operations. The re THURMOND, Mr. TOWER, Mr. TYDINGS, the appropriate committee for consideration, sultant reduction in agricultural income Mr. YARBOROUGH, Mr. YOUNG Of and we recommend that lt be enacted. has had an adverse effect upon the farmers North Dakota and Mr. YOUNG of The blll would authorize the Secretary of and other landowners. The nearby town of Ohio): the Interior to engage ln feaslblllty studies Torrington and other small towns ln the S.J. Res. 28. Joint resolution providing t.or ot three potential reclamation projects. Com area that are almost entirely dependent renaming the Central Arizona Project as the pleted reconnaissance studies tor each of the upon the prosperity of agriculture have also Carl Hayden Project; to the Committee on developments indicate that they are eco suffered as a result. Interior and Insular Affairs. nomically desirable, financially justified, and Local Interest: This investigation is (See the remarks of Mr. GOLDWATER when enjoy good local support. Feaslblllty studies strongly supported by the local people and he Introduced the above resolution, which are warranted. The Department proposes to the State of Wyoming. The local interests appear under a separate heading.) undertake those studies as soon as the study have formed the Corn Creek Reservoir Asso authorization ls available and the work can ciation which ls supporting the project be fitted into the Bureau of Reclamation's actively. Members of the association con S. 574-INTRODUCTION OF BILL TO planning program. sist of representatives of the three private Supplementary statements of Information irrigation districts ln the Corn Creek area AUTHORIZE THE SECRETARY OF and Goshen Irrigation District and new THE INTERIOR TO ENGAGE IN of the three projects and Justification for seeking feaslblllty study authority a.re landowners. Petitions have been obtained FEASIBILITY INVESTIGATIONS OF enclosed. which show that 90 percent of the owners of CERTAIN WATER RESOURCE DE The effects of the potential projects on presently-irrigated land and 94 percent ot VELOPMENTS water quality, recreation, fish and wlldllte, owners of the new land area are highly in favor of proceeding with the feaslbllity Mr. JACKSON. Mr. President, I intro historic, scenic, archeologlc and aesthetic values will be considered fully in the feasl study. Filings have been made with the duce, for appropriate reference, a bill blllty studies authorized. State Engineer for storage water rights in which has been recommended by the The Bureau of the Budget has advised, by Corn Creek Reservoir. Department of the Interior to authorize letter of January 15, 1969, that this proposed the Secretary of the Interior to engage legislation ls in accord with the Admlnlstra MlSsoURI RIVER BASIN PROJECT, LONGS PEAK in feasibility investigations of certain tlon's program. DIVISION, FRONT RANGE UNIT, COLORADO water resource developments. Sincerely yours, Location: In the Cache la Poudre River I ask unanimous consent that the ex HARRY R. ANDERSON, and St. Vraln Creek basins and adjacent ecutive communication, including the Assistant Secretary of the Interior. areas ln the general vlclnlty of Boulder, Enclosures: Colorado. text of the bill, and an explanation of its Project Data: (Reconnaissance data of provisions be set forth at this point in MISSOURI RIVER BASIN PROJECT, OREGON TRAIL 1966 for Cache la Poudre area and 1967 tor the RECORD. DIVISION, CORN CREEK UNIT, WYOMING St. Vraln area). The PRESIDING OFFICER. The blll Location: In south-central Goshen County will be received and appropriately re St Vrain Cache la in the vlclnlty of Hawk Springs, Wyoming. area Poudre area f erred; and, without objection, the bill, Project Data: (Grayrocks Unit Recon letter, and explanation w111 be printed naissance Report, Aprll 1965) . in the RECORD. Total estimated costs ...... $42,990, 000 $27, 980, 000 Total estimated cost______$17, 838, 000 Adjustments ... ..••. .•.•.....•• I 2, 586, 000 I I, 661, 000 The bill Wally Hickel has all of these but he has 5. Actively pursued transplant of musk oxen to original habitat In the arctic regions. Hickel's outstanding virtues Is his most ob something more. Wally has ideas plus the vious ab111ty to create a highly qualified co energy and contagious enthusiasm to sell 6. Commercial fishing gear control to as sure orderly harvest, to broaden biological hesive working team and In this area, In par those Ideas to others. ticular, he should be most welcome In the Wally Hickel has the determination and management, to enhance proper escapement, and to protect stocks. Nation's administrative branch. Any un tenacity of a championship boxer (which he biased consideration of Governor Hickel's ac was in younger days.) You can't help but 7. As Governor, appointed five sportsmen tivities the past 2 years will show nothing to notice this In your committee hearings with and five commercial fishermen to the Board support the unjust criticisms that extremists him. of Fish and Game. This Is the first time there have made In recent weeks. I join with those We have polled the officers and directors has been a balanced board since statehood who know Walter Hlckel's qualifications best of the Alaska Sport Fish and Game Institute eight years ago. In urging his confirmation as Interior Secre and because of his consistent record as a 8. There Is no doubt that Governor Hickel tary." conservationist they are unanimous In en Is a conservationist-a protectorate-a wise CURTIS G. SHATTUCK. dorsing Governor Hickel for Secretary o! user of natural resources. A man whose am Interior. We urge you to support him for bitions have not jeopardized the perpetual Mr. MOSS. Mr. President, I yield my that position. use of natural habitat and Is continually self 5 minutes. We feel we are speaking for 50,000 sports seeking progress programs to meet the times We have now come to the time when fishermen and hunters In Alaska as well as and desires of the people of this Nation. to sportsmen throughout the United States. We I am sure that If anyone has Investigated the Senate will vote as to whether cannot and must not let men of Wally the accomplishments and directions that advise and consent to the nomination Hlckel's caliber go to waste. Walter J . Hickel has supported during his of Gov. Walter J. Hickel to be Secretary May GOd Bless You and Gulde You. public career, they too would endorse bis of the Interior. I wish to stress again KEN BRADY. position and would support his appointment. that the Senate has exercised its con Yours very truly, stitutional function in this debate on the MATANUSKA VALLEY SPORTSMEN, FRANK COOK. nomination that has been submitted to Palmer, Alaska, January 8, 1969. the Senate by the President. I believe Senator HENRY M. JACKSON, FALLBROOK, CALIF., the Senate has performed a historic Chairman, Senate Interior and Insular Af January 14, 1969. fairs Committee, Senate Office Bui lding, THEODORE F. STEVENS, duty, one that devolves upon us, and Washington, D .C. Senate Office Building, one which sometimes seems to fall into DEAR SENATOR JACKSON: We support with Washington, D.C.: disuse when we routinely advise and con out reservation our Governor Walter J. The appointment of Walter J . Hickel, Gov sent to nominations. I think that the Hickel for Secretary of the Interior. ernor of Alaska, as Secretary of Department reason why we have had such a lengthy January 23, 1969 CONGRESSIONAL RECORD-SENATE 1659 debate this time, both in committee and guished chairman of the Committee on On the first day of the hearings on on the floor of the Senate, is that there Interior and Insular Affairs (Mr. JACK this nomination, I noted that: is great public concern about the po SON) desires to speak before the debate History will show that the Senate has sition of Secretary of the Interior, and on the nomination is closed, so my state accorded the President, partic~arly . a second, about the person who will hold ment will be short and concise. newly elected President, wide latitude m that position. First, all the controversy that has his choice of those who will serve the The debate, I believe, has been di occurred, much of which, I think, is un country as members of his Cabinet. rected in the main, at least, to the quali justified entirely, should cause anyone N~vertheless, this committee and_ the fications, based upon an appreciation of who will take the trouble to read the Senate must meet our constitutional the position that Governor Hickel is record and read Governor Hickel's state obligations, and therefore, thi~ is not a about to assume. Certainly so far as I ment before the committee to resolve the perfunctory proceeding. At a mm.mum, I am concerned, and I believe so far as question completely in his favor. There expect it to be an enlightening and edu concerns other Senators to whom I have is no question that certain interests in cational txperience for us all. I hope we listened, who will vote in the negative, the country have tried to foment a major will make good use of this opportunity to we have not questioned the personal in crisis over the nomination. For that exam·ne our responsibilities here before tegrity, honesty, or fitness of Governor reason, I wish particularly to tha?k the the public. Hickel as a man to hold this position. distinguished Senator from Washington, The members of the committee and Our objections have been centered on the chairman of the ccmmittee, for his invited representatives of the Public his lack of background and understand fairness and impartiality during all of works Committee questioned the nomi ing of the very important position that nee at great length on many matters. It the hearings, and for his constant at is my view that the committee's acti?n he will assume, although I think it is cer tempt to make the record of the hearings in recommending that the Senate advise tain that his nomination will be con complete and full in every respect a~d and consent to the Hickel nomination is firmed when the roll is called. For that to be certain that the rights of the nomi reason, I wish to say again, as I said taken in accordance with our constitu nee were respected, as well as the rights tional obligations. earlier, that I do hope that Governor of those who desired to be heard. It is my judgment, and I am sure that Hickel will develop into an outstanding I wish to add one other statement; this is shared by the ranking minority Secretary of the Interior. I hope that he then in the minute or so remaining I member of the committee, the senior will grow with the job. will yield to the distinguished chairman. Senator from Colorado, that an adequate I believe that he must grow if he is I wish to extend my thanks to all the hearing record has been made. The to become a successful and competent members of the committee and also to length of the proceedings and the scope leader as Secretary of the Interior. He the members of the staff for all of the of the questioning was unusual. But. so will follow one of the great conservation hard work they performed during the were many of the factors surrounding the ists of this country, a man who has made consideration of the nomination. They nomination. The committee tried-and I his mark as Secretary of the Interior and worked day and night throughout the believe was successful-to be fair to has set in motion the great movement weekend, and deserve recognition for everyone involved throughout the pro toward conservation and preservation of doing so. ceedings. the environment and an awareness of I now yield to the distinguished Sen By long established custom-particu our surroundings. Governor Hickel will ator from Washington. larly with regard to a newly elected be expected to carry on where former Mr. JACKSON. Mr. President, for the President-the Senate has followed the Secretary Udall left off. I pay a high benefit of my colleagues, may I say that practice of giving the President his Cabi compliment to former Secretary Udall we held open, public hearings for 3 Y2 net almost as a matter of course. These and express the hope that Governor days, all day long, on this nomination. are' the individuals selected by the Presi Hickel will follow in his footsteps and Governor Hickel was responsive to the dent to be his principal advisers. He is will give us the leadership that is needed. questions at all times. responsible for their official acts. The I say again that I shall be glad to I have tried throughout to be a fair Chief Executive is entitled to exercise cooperate with Governor Hickel when he and impartial judge. I am convinced that wide latitude in their selection. becomes Secretary of the Interior. I feel in confirming his nomination, we will The Senate is neither required nor en certain that this is true of the other have met our constitutional responsi titled to share this responsibility with Senators who feel duty bound by their bilities. He, in tum, has met the consti the President. conscience and by the record as it exists tutional requirements that should be We may not agree with the views of to cast negative votes to indicate that we given consideration by the Senate before those selected by the President. Indeed do not believe that the right man was we act on the nomination. we must expect there will be some, even selected in the first instance, a man who I said the following in my statement considerable, disagreement. Senators has not had contact with and does not yesterday when the Senate began con may believe that a particular nominee have an appreciation of the problems sideration of this nomination: does not meet a standard of qualifica that are inherent in the department of Mr. President, permit me to comment tion or competence that they themselves natural resources of this country. first on my understanding of the Sen would set. But it is the President, not the Our natural resources are the basis of ate's constitutional duty to advise and Senate, who must set the standards ~f our whole existence on this fine globe. consent with respect to the selection by qualification and competence for his When we saw the television programs the President of his Cabinet. principal advisers. showing the astronauts looking back to The Constitution recognizes three Let there be no mistake about it, these our world floating in space, with the stages in the appointments by the Pres are the President's men and he is en clouds over it, with a little bit of green ident with the advice and consent of the titled to have them, barring some fla and some blue on it, we then realized Senate. First, the "nomination" of the grant error or abuse of his prerogatives what a really small globe we occupied candidate by the President alone. Sec in making h is nominations. and how dependent we are upon the re ond, the assent of the Senate to the "ap In the examination of Mr. Hickel in sources of that fine globe. That means pointment" of the candidate. Third, the accordance with the Senate's duties and our seas, our lakes, our streams, our soil, "commissioning" of the candidate by the responsibilities, a majority of the com our air, and all the rest of the environ President. mittee found no proper grounds on which ment in which we live. Alexander Hamilton in the Federalist, to negate the President's choice. The Secretary of the Interior is the explained why this procedure was in Mr. President, the President of the man who must give us leadership in corporated in the Constitution. He made United States must be responsible and preserving that environment. I think it clear that the President was not to be accountable for the administration of the that Governor Hickel is not equipped relieved of his responsibility for his ap executive branch. We cannot hold him at this time to do that; therefore, I must pointments. The purpose, he said, was to responsible if we deny him his choice of cast my vote against his nomination. place a check on any spirit of favoritism principal advisors for less than over The PRESIDING OFFICER. The Sen and to prevent the appointment of "Un riding cause. It was on this basis, Mr. ator from Colorado controls the remain fit characters from state prejudice, from President, that I voted in committee to ing time. family connection, from personal, at recommend that the Senate confirm the Mr. ALLOTT. Mr. President, the distin- tachment, or from a view to popularity." nomination of Walter J. Hickel. 1660 CONGRESSIONAL RECORD-SENATE January 23, 1969 I could not in conscience on the basis tary. This man by his actions and words has seems to be more interested in industry, of the record before us vote against his made it clear that he does not believe in nor which causes more pollution to air and support the conservation needs of our coun water, than conservation. nomination. I have no hesitancy in urg try. The affluent American people are indiffer ing my colleagues to confirm his nomi ROBERT H. F'uRMAN, M.D. ent to the waste of our natural resources, nation. especially the forests which provide the ma Mr. President, I ask for the yeas and CANTON, OKLA., terial for paper. It we don't reverse the nays on the nomination. January 20, 1969. trend, in a few years, we shall all be smoth The yeas and nays were ordered. Sena tor FRED HARRIS, ered in a sea of discarded paper. Mr. HARRIS. Mr. President, I have Senate Office Building, Respectfully, Washington, D .C.: MARY LANGTHORP. studied carefully the record of the Senate Urge you oppose confumatlon or Hickel as Interior Committee concerning the nom Secretary of Interior. Tur.SA, OKLA., ination of the Honorable Walter Hickel Mr. and Mrs. c. ROY HAW. January 17, 1969. to be Secretary of the Interior. I have Hon. FRED HARRIS, listened to and read the subsequent de CUSHING, OKLA., Senate Office Building, bate and discussion on this matter in January 14, 1969. Washington, D.a. the Senate. Senator FRED HARRIS, DEAR SENATOR HARRIS: It appears that The I commend the distinguished chair Senate Office Building, Honorable Walter J. Hickel should not be Washington, D .C.: confirmed as Secretary of the Interior. It man, Senator JACKSON, and all the mem Strongly urge you oppose confirmation of rather definitely appears that this man ls the bers of the committee for the thorough Hickel !or Secretary of Interior. Letter fol worst possible choice, and the worst choice examination of Governor Hickel's quali lows. Attn. Dennis Brezina. for Secretary of the Interior that the country fications to be Secretary of the Interior. Mrs. DESMOND ISTED . has ever been confronted with. The committee carried out completely its I hope you will give this matter your top duty to examine Mr. Hickel's record and Tur.SA, OKLA ., attention, knowing, of course, that you know to inform the Senate of his qualifications, January 20 , 1969. the importance of the position of the Secre Senator FRED R. HARRIS, tary of the Interior. and I appreciate the committee's dili Senate Office Building, Yours very truly, gence and complete objectivity in ft.s Washington, D .C.: WARREN L. MCCONNICO, proceedings on the matter of Governor We oppose consent to nomination of Wal Attorney at Law. Hickel's confirmation. ter mckel as Secretary of Interior. I have received a great amount of mail Mr. and Mrs. HUGH SELMAN. DEAR Sm: I was shocked to hear the views regarding this nomination. All of it- of Gov. Hickel of Alaska, Nixon's appoint both from Oklahoma and throughout the OKLAHOMA CITY, OKLA., ment for Sec. of Interior, on pollution. For January 20, 1969. the sake of the survival of our planet, please country-has been running about 95 per Senator FRED R. HARRIS, oppose his appointment. cent against Senate confirmation of Mr. Senate Office Buildi ng, Mrs. N. RUNGE, Hickel. Washington, D .C.: Norman, Okla. Among other things, I am worried Walter J . mckel's ideas concerning ex about this nominee's views concerning ploitation natural resources ls contrary to MUSKOGEE, OKLA., conservation and air and water Pollu country's long range interests. January 20, 1969. tion, subjects of increasing seriousness GRANT R. KILPATRICK. FRED HARRIS, and importance to us all. I will not bur NEAL D. KILPATRICK. U.S. Senator, KITTY GOODWIN KING. Senate Office Bui lding, den the RECORD with all of the communi HELEN A. BUCKLEY. Washington, D.a . cations and telegrams I have received DEAR SENATOR HARRIS: It ls my opinion from people who are also concerned Tur.SA, OKLA., that a recent article WTltten by columnists about these subjects and Mr. Hickel's January 20, 1969. Drew Pearson and Jack Anderson titled "New views on them. I do, however, ask unan Senator FRED HARRIS, Secretary Of Interior No Friend To Eskimos imous consent that a representative Senate Office Building, and Indians" represents, in the absence of sampling of them be printed at this point Washington, D .C.: the columnists being guilty of libel, an in Urge you oppose mckel's appointment. ms dictment against the character of Governor in the RECORD. opposition to conservation principles makes Hickel. There being no objection, the material him unfit !or job. Because of my interest in human welfare was ordered to be printed in the RECORD, Mr. and Mrs. LIONEL COHEN. and, indeed, the total welfare of our nation, as follows: it ls my hope that you and other members of ToLsA, OKLA., TULSA, OKLA., the Senate will make an in depth study of January 20, 1969. January 16, 1969. Governor Walter Hickel's qualifications to Senator FRED HARRIS , Sm: I am depending on you to vote against serve in the best interests of our nation a.s U .S. Senate Office Building, the appointment of Gov. Walter Hickel as Secretary of the Interior before making a Washington, D.C.: Secretary of the Interior. confumatlon decision. We urge you to vote against the appoint Respectfully, I believe our n ation has reached a point ment of Walter mckel as Secretary of In FLORENCE 0 . BUETTNER. in time where it ls incumbent upon all na terior. Errors made in the use or misuse of tional leaders to be above reproach in th• natural resources, wilderness, wildlife, not NORMAN, OKLA., process of demonstrating appropriate feel to mention the lives of Indians and Eskimos, January 17, 1969. ings, actions and interests for the welfare of are often not reversible. Judging from Mr. Hon. FRED R. HARRIS, all Americans. I believe further that this will Hickel 's background and his own public U .S. Senate, do much to eliminate the detrimental incon statements regarding pollution and conser Washington, D .C. sistencies which have been injected into our vation we cannot believe he would serve the DEAR SENATOR HARRIS: We are very uneasy democracy for so long by self-centered, in best interest of America. about the possible appointment of Governor competent and bigoted people placed in Mr. KEITH GILDERSLEEVE. mckel as Secretary of the Interior. Our nat leadership positions. Mrs. LOIS BRIGGS. ural resources, especially our wilderness, can Your interest in and consideration of my not be restored by legislation once it Is de plea. wm be very much appreciated. OKLAHOMA CITY , OKLA. stroyed. Please do not endanger these treas Respectfully, Senator FRED R. HARRIS, ures for future generations by approving an TOMMY JACKSON. Senate Office Buildi ng, Interior Secretary whose intentions are un Washington, D .C .: clear. We must h ave a man who, while trying NORMAN, OKLA., Urge vote against confirmation Hickel. Past to be reasonable, realizes that too much January 17, 1969. performance and anti-conservation attitude conservation ls better than too little. Hon. FRED HARRIS, inconsistent with appointment. Sincerely yours, U.S. Senator, L. P . Er.IEL. Mr. and Mrs. WILLIAM c. BUMGARNER. Senate Office Building, Washington, D.a. OKLAHOMA CITY, OKLA ., NORMAN, OKLA., DEAR SENATOR HARRIS : I am very much Janu ary 20, 1969. Januar y 15, 1969. disturbed by the appointment of a Secretary Senator FRED HARRIS, Senator FRED HARRIS. of the Interior who wm have jurisdiction Senate Office Building, DEAR Sm: I have read a great deal about over much of which ls not now administered Washington, D.C.: Gov. Walter J. Hickel, and I don't think it ls under the "Multiple Use Concept". Land in Strongly urge you to vote against confir to the best interest of the American people National Parks, and land upon which our mation or Walter Hickel as Interior Secre- !or him to become Secretary of Interior. He wildlife ls sustained. January 23, 1969 CONGRESSIONAL RECORD- SENATE 1661 There is a definite difference in his phil He expressed what he called his "con stands this, that the preservation of our osophical thinking of the Wildlife Act and siderable concern" over the nomination natural environment is not simply an our National Park System. I would appreciate very much your think of Governor Hickel. esthetic concern. Serious scientists have ing regarding his qualifications before he Is I share his concern. So do thousands suggested that the ecological imbalance presented for confirmation. of other conservationist-minded Cali caused by human mismanagement of our Any comment to me personally, I would fornians who have communicated to me environment may threaten the very sur appreciate. by letters, telegrams, phone calls, and vival of the human species. Sincerely, personal visits urging me to vote against A Secretary of the Interior must S. DON WILSON. confirmation of Governor Hickel. clearly perceive the enormity of the en Reference: His Interview with Washington I was concerned when Governor vironmental problem mankind faces. Yet Post December 19, 1968, and his comments. Hickel's nomination was first announced. it is in that very area that Governor PRAGUE, OKLA., But I withheld final judgment until the Hickel appears most unprepared. January 17, 1969. Senate Interior and Insular Affairs Com Last Thursday, in response to a U.S. Senator FRED HARRIS. mittee had concluded its hearings. thoughtfUl question by the distinguished DEAR Sm: I am asking you to take a gOOd I spent last night reading the exten Senator from Wisconsin about the Gov look & Study of Walter Hickel before you sive transcripts of those hearings. My ernor's philosophy on the environmental vote to confirm him as Secy. of The Interior. doubts about Mr. Hickel's appointment problem, Governor Hickel made a hesi Yours truly, have been multiplied, rather than re tant uncertain response about oceanic ERNEsT SALA . duced, and my concern has been com research that convinced me that he has Mr. HARRIS. Mr. President, Senators pounded. no clear understanding of the meaning know of my long-standing and continu I have reluctantly concluded that Gov of ecology. ing interest in improving the lives of ernor Hickel is not qualified for the posi The question was clear and precise. American Indians and Eskimos. There tion to which he has been named. He It provided an excellent opportunity for is much apprehensiveness about Mr. lacks the experience, the interest, or the a potential Interior Secretary to rally Hickel's attitudes on this subject. For outlook of a strongly devoted conserva the American people for a crucial strug example, I ask unanimous consent that tionist. gle against the smudge and smog, poi one of several letters I have received from And, as a San Mateo couple wired me: sons and industrial wastes, pollutants American Indians may be printed at this California, even more than the rest of the and exploitations that are befouling and point in the RECORD. United States, needs a strongly devoted con despoiling our good earth for generations There being no objection, the letter servationist for Secretary of Interior. to come. Instead, Governor Hickel talked was ordered to be printed in the RECORD, about research in growing food on the as follows: Governor Hickel is, from all accounts, Continental Shelf-a vital matter, but ARDMORE, OKLA., a successful businessman and an able a quite different one. January 15, 1969. administrator. He could, in my opinion, I am afraid that Governor Hickel, as Hon. FRED R . HARRIS, fill admirably any of a number of top Secretary of the Interior, would be U.S. Senate, governmental positions. But not that of Washington, D .C. the Nation's No. 1 conservationist, the tempted to remove the reins from un DEAR SENATOR: I am one half blood Chicka people's trustee for the total environ limited private exploitation of our nat saw Indian, Borned in Pickens County, Now ment whose Cabinet post, to quote a San ural resources. Love County Oklahoma. Year 1891. I do not suggest that he would do so I know quite a number of Indians in The Francisco constituent, "affects the future in order to further his own interests. I Chickasaw and Choctaw Nation and have health and well-being of every American do not charge him with that. Rather, I talked to a number of them. citizen." fear he would tend to favor freer com We have a very good program started in As a man and wife in Manhattan the India n Country and just started good, Beach pointed out: mercial exploitation in the belief that we would hate to see It changed up. doing so would further the national His past record and current statements, interest. We are all interested In The Secretary of do not make clear that he would manage the the Interior and I have not found that is nation's limited natural resources In the best That is the view, I believe, that con one Indian satisfied with the appointment Interest of all Americans. All of us have the stitutes the danger he would bring to his of the man that the President Elect is trying right to unpolluted atmosphere, lakes and office and to our Nation. to put In office. streaIDS. I must vote against Governor Hickel's Would like to see some one that will help confirmation. I do so regretfully. I regret carry on this program that is well under way. I am deeply convinced that immediate, having to vote against a man personally Yours truly, wholehearted, and dedicated efforts are SAMUELL. WALLACE. selected by President Nixon, whom I wish essential if we are to protect our unique well. Mr. HARRIS. Mr. President, all other heritages of land and water. It is the There are many conservationists in things being satisfactory, I basically be legitimate right of future generations the Republican Party, like Thomas lieve that a President should be able to that they find their heritage preserved Kuchel and RoGERS MORTON, who are choose his own Cabinet. But, if the con rather than irrevocably ruined and de eminently qualified for the post of Sec stitutional "advice and consent" powers spoiled. retary of the Interior and whom I could of the Senate are to be effective, Senators The fear of the irrevocable damage have enthusiastically supported. must exercise their careful and individ that might be done our natural resources I have supported all the other nomina ual judgment of each nomination. Thus, by an insensitive Secretary runs through tions that President Nixon has placed though I assume this nomination will be many messages that have come to me. before the Senate. But I cannot approve confirmed by the Senate, I must vote This is most perceptively stated in a tele Mr.Hickel. against it in order to express my concerns gram from a man in Atherton. He warns: I agree with a lady in Palo Alto who and the concerns of so many people who Except at enormous costs and over a long says simply that "he does not understand have contacted me, hoping that as Mr. time, the destruction of natural resources is the job." Hickel takes on these new regponsibilities usually irreversible. If he becomes Secretary of the In he may do so with due regard for the I agree. terior, I pray that he proves me wrong. views which have been voiced on these A felled redwood cannot be righted and Mr. SPONG. Mr. President, on the and other subjects within his jurisdiction. restored to life. A vanishing species can basis of the record compiled by the Sen Mr. CRANSTON. Mr. President, a stir not be revived once it is made extinct. It ate Committee on the Interior, it is my ring, eloquent message came to me a takes years to cleanse polluted waters. In intention, with reservations, to vote for few days ago from a San Diego scien some places in our Nation the air may the confirmation of the :::ionorable Wal tist. He wrote: never again be fresh. ter J. Hickel as Secretary of the Interior. I am a geologist who has a great apprecia Once our beaches, our lakes, our moun I earlier expressed my concern over t ion for clear skies and untracked wilder tains, our wildernesses have been opened Governor Hickel's nomination because of ness. I would like to pass this heritage on to my sons. to commercial development, they can the implications of statements he made I realize that this nation has a great need never be fully restored to their natural on conservation and water pollution dur to develop Its natural resources. But I be state and their legacy of beauty is forever ing a press conference on December 18, lieve tha t can be done without significantly lost. 1968. During the committee hearings, disturbing the balance of nature or laying It is important to note, and I am not however, he pledged support of the 1966 waste to our vanishing wilderness areas. at all sure Governor Hickel really under- Water Quality Act, and asserted there ls 1662 CONGRESSIONAL RECORD- SENATE January 23, 1969 an absolute necessity to protect the de is especially true with respect to nomina natural resources, it would have seemed sired quality of our environment. He also tions submitted by a new incoming Pres wiser to have appointed a Secretary of endorsed the Wilderness Act and the ident. There is much to be said in favor the Interior with abundant past experi Wild Rivers Act. of permitting a new administration, en ence and an enthusiastic commitment to As for his earlier statement that he trusted recently by the electorate with this cause. However, this decision rests was opposed to conservation solely for the responsibilities of office, to translate with the new President. the sake of conservation, he explained expressed public will into positive action I have discussed this matter with the at the hearings that he was referring through top leadership of its own desig distinguished chairman of the Senate primarily to Alaska. He said millions of nation. Interior and Insular Affairs Committee board feet of timber there were rotting On the other hand, in carrying out its and I am convinced that this committee for not baing harvested. Ir. addition, he constitutional power to "advise and con will keep a close eye on the future ac has agreed to dispose of certain stocks, sent," the Senate has a clear mandate tivities of the new Secretary of the In and to instruct the trustees of his family to examine thoroughly the qualifications terior. As a Senator from the State of owned businesses to refrain from doing of any ca!1didate submitted by the Pres Indiana, I intend to conduct a similar business with the Federal Government.. ident for its consideration. In exercising vigil personally. The problems confront Moreover, he has in mind the appoint this duty, the Senate must carefully and ing my State and our Nation involving ment of a leading conservationist--re impartially evaluate all available evi both air and water pollution, the con portedly Mr. Russell Train, president of dence about the nominee, both favorable servation of our natural resources and the Conservation Foundation-to be Un and otherwise. Certainly if there is posi our unique natural habitats are of such der Secretary of the Department of the tive proof that an individual has definite extreme importance to a Nation that is Interior. character deficiencies or a past record rapidly increasing in population density Governor Hickel's unfortunate earlier which would indicate beyond doubt his that no one in the Congress of the United statements perhaps stem from the fact unfitness for a post of high responsibility, States can relax this vigil for even a that his home State, largely undevel the Senata should reject such a nomina moment. oped, has not been the victim of the en tion. Mr. FANNIN. Mr. President, over the vironmental pollution problems which No Senator would ever knowingly give past 2 weeks, there has been much de are becoming so critical in the more his consent to an appointee who had been bate over the confirmation of Walter J. populous areas of the United States. I proven guilty of serious offenses against Hickel as Secretary of the Interior. Out hope the nominee now recognizes the the state or his fellow man. In this par of this debate has emerged the picture necessity of coming to grips with these ticular instance, however, despite nu of a man deeply committed to the con problems, and that the Department of merous charges which have appeared in servation of our natural resources. His the Interior will continue to exert vigor print and elsewhere, the testimony pre statement before the Interior Committee, ous leadership in this area of national smted to the committee and the re coupled with his answers to the questions concern. sponses to numerous questions have not posed by the members, evidences a ca In considering nominees for the Cabi convinced me that the nominee has con pacity to deal openly, candidly, and ob net, one must recognize that the Presi ducted himself in a manner which would jectively with the problems of the De dent is entitled to every favorable pre merit rejection by the Senate in light partment of the Interior. He evaded no sumption. As was pointed out yesterday, of the overriding precedent of permitting questions. He cooperated fully with the there is an established tradition that the the President wide latitude in choosing chairman and committee members. Al Senate will accord a President a free those he desires to serve in his adminis though interrogated at times on sub hand in the selection of meml::ers of his tration. jects totally irrelevant to his qualifica Cabinet. Only eight such appointments Some have raised serious objections tions, Gover"lor Hickel nevertheless co have been rejected by the Senate in the which appear to be based solely on the operated fully. Nation's history. attitudes, knowledge, experience and As so ably stated by our distinguished The committee, headed by the able understanding of the candidate. While I chairman, Senator JACKSON : and distinguished Senator from Wash agree that the Secretary of the Interior The President is entitled to have the men ington, is to be commended for its thor should be a man who fully comprehends he ha.s nominated for his cabinet barring ough examination of the nominee and the priority which the Nation must place some flagrant error or abuse of his preroga his qualifications. I am prepared to ac on protect ing and preserving our natural tives in making the nominations . .. A ma cept the committee's judgment in this resources, the hearings provide no pre jority of the committee found no proper matter, with the hope that Governor ponderant evidence demonstrating con grounds on which to negate the President's Hickel will familiarize himself quickly clusively that Mr. Hickel would be re choice. with the extent of environmental pollu miss in carrying out this responsibility Governor Hickel has evidenced those tion, and take affirmative action to abate if it were entrusted to him. More impor qualifications essential to the successful it. tantly, final authority and responsibility administration of our established na Mr. BAYH. Mr. President, after care for exercising the discretionary powers tional programs. His accomplishments fully examining the record of the hear vested in the Secretary must rest in the in the field of conservation are outstand ings held by the Senate Committee on Presidency itself. Any major policy, de ing, as will be apparent from an exami Interior and Insular Affairs on the nomi cision or regulation emanating from the nation of his record. This record amply nation of Gov. Walter J. Hickel, of Alas Secretary must bear the imprint and ap shows his efforts to promote the efficient ka, to be Secretary of the Interior, I have proval of the Chief Executive, and credit use of natural resources, the assurance decided to support the recommendation or blame for these policy determinations of adequate resource development in or of a majority of the members that the will inevitably fall on the shoulders of der to meet the requirements of the fu nomination be confirm€d. Because of the administration itself. ture and, of prime importance, the dis various questions which have been raised, I do not minimize the tremendous im couragement of wasteful exploitation of both in the public press and in the com portance of the tasks confronting the our natural resources. mittee, about the wisdom and even the man who will head the Department of Additionally, his record reflects his propriety of this choice, it has been diffi Interior. As the chief conservator of our awareness of the need for the orderly cult to arrive at a decision in this matter. vast store of natural resources, admin development of recreational facilities, In view of the significance of this ap istrator of millions of acres of public having instituted where feasible pro pointment, let me set forth briefly the lands, supervisor of our national parks grams for immediate use while consider reasons why I believe the Senate should and monuments, and director of rela ing the long-range needs of a compre approve the nomination. tions with Indian Americans, the new hensive program. His achievements in Both long-existing custom and sound Secretary will undoubtedly exert con the preservation and protection of fish administrative practice uphold the view siderable influence over policies which and wildlife are exemplary. In short, Mr. that the President of the United States will affect the welfare of the Nation for President, Governor Hickel has demon should be allowed wide discretion in generations to come. In all candor, there strated through his outstanding achieve choosing his chief subordinate officers. are certain activities and attitudes which ments - accomplished in cooperation Only on very rare occasions has the Sen have been attributed to the perspective with the private sector, his own State ate questioned the freedom of the Presi nominee which concern me greatly. In government, and the Federal Govern dent to name without opposition the light of my particular concern relative ment--his thorough understanding of heads of the executive de,partments. This to the entire matter of conservation and the problems and programs entrusted to January 23, 1969 CONGRESSIONAL RECORD- SENATE 1663 the Department of the Interior. I strong Jennings, his personal a ttorney, the custo the Senate in order that the record will show ly urge the Senate to approve the nomi dian of it for the children, if the court ap that the references to my ownership of se proved. According to the hearing record his curities or personal operations that could nation of this highly qualified appointee. own staff did continue to operate h is indi h ave possibly resulted In a conflict of interest Mr. ALLOTT subsequently said: Mr. vidu al business as a producer of oil on Sta te were fully sa tisfied by my complete divesti President, during the debate on the and fee lands-n ot Federal lands, n ow ture of these holdings. nomination of Walter J. Hickel as Sec t h rough his staff, but his Federal prop erties Respectfully, retary of the Interior, I mentioned were to be divested. That ls exactly what we JOHN M. KELLY. former Assistant Secretary of the In h ave required in t his instance. I do not k now terior for Mineral Resources, John that this ls cle11.r to everyone who m ay hear WASHINGTON, D.C., M. Kelly. I stated that, according to it but when we got through confirmation of January 24, 1969. these people, the committee, at least the Hon. GORDON ALLOTT, the record, Mr. Kelly had been con Committee on Interior a nd Insular Affairs, U .S. Senate, firmed with the understanding that he goes through his p or t folio and if there are Wash i ngton, D.C. would make a gift of his stock in the any stocks in ther e that m ight possibly re DEAR SENATOR ALLOTT: I am sending the Elk Oil Co., a wholly owned family com sult in a conflict of interest, we ask that a enclosed letter to Senator Jackson, Chair pany, to his four minor children, and man divest himself of these t h ings. We agree man of the Senate Interior Committee with that he would continue to operate his unanimously and we n ever have any diffi the request that it be placed in the CoNGRES· producing properties on State and pri culty. Under Mr. Kelly's direction were t h e SIONAL RECORD. I feel that this letter fully vate land through his staff. I also indi Bureau of Mines, the Geological Survey, the clarifies the dispositions that I made at the Oil Import Administration, the Office of t ime I took office of holdings that could have cated that he intended to divest himself Mim,ral Exploration, the Office of Coal Re possibly resulted in a conflict of interest. of his Federal leases. search, the Office of Oil a nd Gas, and the I wish to thank you for the kind remarks I repeat, I mentioned Mr. Kelly's sit Office of Geography. Now, I repeat, I use this that you made about my performance as As uation only by way of an example of only as an example of how we h ave ap sistant Secretary oi the Interior. how the Interior Committee bas ap proached this m atter a nd to put it in its Sincerely yours, proached this matter in the past. I have proper context, because Mr. Kelly served for JOHN M. KELLY . never heard from any person, Repub 4 years until June 30, 1965, and I h ave never heard one word of crit icism of anything he The PRESIDING OFFICER. All time lican or Democrat, in business or other did." has expired. wise, one word of criticism of Mr. Kelly's However, I believe that I should clarify The question is, Will the Senate advise performance in office. He was a credit to to the Committee on Interior and Insular and consent to the nomination of Walter that office and to the Department of the Affairs and to Senator Allott the full extent J. Hickel to be Secretary of the Interior? Interior. of my divestiture of personal and corporate On this question, the yeas and nays have Last Friday afternoon, Mr. Kelly interests when I assumed the Office of Assist been ordered, and the clerk will call the visited the chairman and me, and ad ant Secretary of the Interior. Senator Allott is correct in saying that the roll. vised us that he had divested himself of The assistant legislative clerk proceed all of his holdings and operations as an Committee a pproved and the Senate con firmed my nomination with the understand ed to call the roll. independent oil producer within 90 days ing that I would sell my holdings of oil and Mr. INOUYE (when his name was of taking office. I was not aware of this mining company's stock and t h at Mrs. Kelly called). On this vote I have a pair with change in his plans. Mr. Kelly furnished and I would make a gift to our minor chil the Senator from Mississippi (Mr. EAST to the chairman and me a letter which dren of all o! our interest in the Elk Oil LAND) . If he were present, he would vote sets forth the situation as it existed. Company, a wholly owned family corpora "yea." If I were permitted to vote, I Mr. President, in order that the record tion. The corporate stock sales were made within a short period of time. With ref would vote "nay." I therefore withhold might be clear on the matter, I ask unani my vote. mous consent to have printed in the REC erence to Elk 011 Co., our stock interest was given to an Irrevocable trust created for Mr. MANSFIELD (when his name was ORD a letter dated January 24, 1969, from our four minor children and the trust then called). On this vote I have a pair with John M. Kelly to Chairman JACKSON, of elected Mr. Jennings as President and Ex the distinguished minority leader, the the Committee on Interior and Insular ecutive Officer of the Corporation. Neither Senator from Illinois (Mr. DIRKSEN). If Affairs, and a letter from Mr. Kelly dated Mrs. Kelly nor myself have held any stock he were present, he would vote "yea." If January 24, 1969, addressed to myself. or other type of ownership interest in the I were permitted to vote, I would vote There being no objections, the letters Elk Oil Company since June 1961 through this date. "nay." I therefore withhold my vote. were ordered to be printed in the RECORD, Mr. METCALF (when his name was as follows: With reference to the statement made in my nomination hearing on March 27, 1961 called) . On this vote I have a pair with WABHINGTON, D.C., the Senator from Connecticut (Mr. January 24, 1969. that I would dispose of, by sale, all my hold Hon. HENRY M. JACKSON, ings and operations on Federal leases but RIBICOFF ) . If he were present, he would Chairman, Senate Interior Committee, that I would continue the ownership of my vote "nay." If I were permitted to vote, Washington, D .C. holdings on State and fee lands as an in I would vote "yea." I therefore withhold DEAR SENATOR J ACKSON : When the Senate dependent operator, said operations to be my vote. on January 22, 1969 was considering the carried on by my superintendent and staff The assistant legislative clerk resumed nomination of Gov. Walter J . Hickel of in New Mexico. and concluded the call of the roll. Alaska to be the Secretary of the Interior After my confirmation, Senator Ander Mr. BYRD of West Virginia. I an the Congressional Record shows that Senator son, who was the Chairman of the Commit Allott of Colorado discussed the situation tee at that time, and I discussed the pro nounce that the Senator from Missouri of an Assistant Secretary of the Interior ap cedures that I should follow in making (Mr. EAGLETON)' the Senator from Mis pointed by President Kennedy. I wrui that my divestitures. With particular reference sissippi (Mr. EASTLAND). the Senator Assistant Secretary. to my holdings and operations as an inde from Washington (Mr. MAGNUSON). the I would like to say that I appreciate the pendent oil producer, he suggested that I Senator from Minnesota (Mr. MONDALE), k ind remarks made by Senator Allott when divest myself completely, by sale, of all o! the Senator from New Mexico (Mr. MON he stated, my operations Irrespective of the mineral TOYA), and the Senator from Connecti "He was Assistant Secretary in charge of ownership of the land, be it Federal, State cut (Mr. RIBICOFF) are necessarily ab oil and mineral resources. I have never heard or fee. He stated that this would remove from any person, Republican or Democrat, all possible claims or doubts that could be sent. in business or otherwise, one word of criti made against decisions that I would be called On this vote, the Senator from Mis cism of that man's actions while he wa11 upon to make as the Assistant Secretary for souri (Mr. EAGLETON) is paired with the Assistant Secretary of the Interior. He did a Mineral Resources of the Department of the Senator from Minnesota (Mr. MONDALE). fine job. Interior. I agreed to follow this good advice If present and voting, the Senator from "At the time of hts appointment, he was and sold, within ninety days, all of my oil Missouri would vote "yea," and the Sen a consulting mining engineer and geologist, and gas holdings and operations. ator from Minnesota would vote "nay." and an independent oil producer and driller During the period that I served as Assist Mr. SCOTT. I announce that the Sen as an individual. He was President of the ant Secretary for Mineral Resources of the ator from Kentucky (Mr. COOPER) is Elk Oil Company, a wholly owned family Department of the Interior, I did not hold, business. This was in addition to being a own or apply for or operate any oil, gas or absent on official business, and, if pres producer and a driller as an individual. That mineral lease on Federal, State or any other ent and voting, would vote "yea." company was primarily a royalty company. type of lands. Nor did I purchase stock or The Senator from Illinois (Mr. DIRK He was mineral adviser to the New Mexico hold Interests in companies that operated in SEN) is necessarily absent, and his pair State Land Office. Mr. Kelly proposed to make the mineral areas. has been previously announced. a gift of the stock of the Elk OU Oo., to his I will appreciate your placing this letter The result was announced-yeas 73, four mln:or children. He made Mr. James T. into the official record of the Committee and nays 16, as follows: 1664 CONGRESSIONAL RECORD- SENATE January 23, 1969 [No.12Ex.J TRANSACTION OF ROUTINE developed the first working model of a jet YEAS-73 MORNING BUSINESS injector. Alken Fong Murphy The gun Is entirely spring-powered, and Allott Fulbright Packwood Mr. MANSFIELD. Mr. President, be operates somewhat like an automobile jack. Anderson Goldwater Pearson cause of the strain on some Members of The spring ls compressed, creating two tons Baker Goodell Percy the Senate today on other matters. I ask of pressure per square inch. When the spring Bayh Gore Prouty ls released, air ls pushed out rapidly, like a Bellman Gravel Randolph unanimous consent that, as in legisla Bennett Griffin Russell tive session, there be a period for the piston. Bible Gurney Saxbe transaction of routine morning business, It vaccine and a plunger are put Inside the Boggs Hansen Schweiker "jack" and ejected through a tiny hole, the Brooke Hart Scott not to exceed 30 minutes, and that at the vaccine will enter the body, forming a little Burdick Hatfield Smith conclusion of that time, or before if there puddle beneath the skin. Since the hole Is Byrd, Va. Holland Sparkman is no further morning business, we turn the size of a mosquito's nose, the pressure ls Byrd, W. Va. Hollings Spong reduced enough, to about 11 grams, Just Cannon Hruska Stennis in executive session to the consideration Case Hughes Stevens of the nomination of Mr. Packard to be piercing the skin, although the Jets can be Church Jackson Symington Deputy Secretary of Defense. adjusted to shoot vaccine into muscle tissue Cook Javlts Talmadge The PRESIDING OFFICER (Mr. Mc as well. Cotton Jordan, N.C. Thurmond MIXED WITH ANESTHETIC INTYRE in the chair). Without objection, Curtis Jordan, Idaho Tower The entire process Is so rapid that it ls Dodd Long Wllllams,N.J. it is so ordered. Dole Mathias Wllllams,Del. painless. The vaccine enters the body at a Dominick McClellan Yarborough speed of 700 miles an hour. Sometimes an Ellender McGee Young, N. Oak. anesthetic can be mixed with the vaccine so Ervin Miller that even a sleeping baby would not feel the Fannin Mundt PEACE GUN KILLS INOCULATION Inoculation. NAYS-16 PAINS In 1958 Dr. Hlngson realized the jet In Allen McGovern Pell jectors could be used for mass Immunization Cranston Mcintyre Proxmire Mr. JAVITS. Mr. President, I should projects. He and a group of volunteer doc Harris Moss Tydings like to bring to the attention of my col tors, supported by several religious organiza Hartke Muskie Young.Ohio leagues an article published in the New tions, formed what soon became known as Kennedy Nelson McCarthy Pastore York Times which describes the tremen The Brother's Brother Foundation, with dous contribution made by Dr. Robert A. headquarters in Cleveland and Pittsburgh. PRESENT AND GIVING LIVE PAIRS, AS Hingson to world health. Dr. Hingson is Since Its Inception, the Foundation has PREVIOUSLY RECORDED-3 vaccinated over 6 million people throughout the ingenious man who invented a "gun the world. The doctors donate their time and Inouye, against. for peace," a jet injector which is a gun Mansfield, against. pay their own transportation costs. Drug Metcalf, for. like device that will administer to people companies often donate or sell vaccines at throughout the world inoculations NOT VOTING-a half price. All their operating funds are from against epidemic diseases. By helping to donations and money from speeches given Cooper Eastland Montoya by the 200 doctors of the organization. Dirksen Magnuson Rlblcoff prevent diseases which ravage men both Eagleton Mondale physically and mentally, Dr. Hingson has Dr. Hlngson's group was the first to dis made a historic contribution to world cover that, by using Jet Injectors, vaccines may be diluted and still be effective. So the nomination was confirmed. peace and well-being. Mr. JACKSON. Mr. President, I move I ask unanimous consent to have DOSES ALWAYS UNIFORM to reconsider the vote by which the printed in the RECORD the article entitled, "Millions of viruses are Injected In a shot," nomination was confirmed. " 'Peace Gun' Kills Inoculation Pains," he explained, " but only one needs to take. With needles, doses vary too much to dilute Mr. ALLO'I'T. Mr. President, I move published in the New York Times on to lay that motion on the table. safely. With the gun, doses are always uni October 6, 1968. form." The motion to lay on the table was There being no objection, the article By diluting his vaccines, Dr. Hlngson said, agreed to. was ordered to be printed in the RECORD, he can stretch each dollar's worth of vaccine Mr. JACKSON. Mr. President. I ask as follows: ten times. that the President be immediately noti " PEACE OUN" Kn.LS INOCULATION PAINs---JET The peace guns cost from $120 for a small fied of the confirmation of the nomina INJECTOR CAN ADMINISTER VACCINES WrrH hand model to $1,300 for motor types In the tion. OUT NEEDLE United States, Dr. Hlngson said, but are sold !or a little less In France, Sweden and Brit The PRESIDING OFFICER. Without In Nicaragua It ls called "plstola de la ain where they are also manufactured. objection, it ts so ordered. paz," in Nigeria "lbon alafta" and In India it The larger models were designed with mo Mr. MANSFIELD. Mr. President, there ls known as "shantl kl banduk." tors so that doctors would not get blisters are two nominations at the desk from Translated, the words all mean "gun of from vaccinating thousands or people in one peace," or the jet Injector, which ls a gun day. Also, the larger guns can be fitted with the Committee on Finance. I ask that like device that administers painless injec both nominations, which were reported bottles or tanks to hold up to one million tions without needles. doses of vaccine. earlier today, be considered en bloc be For the last five years, the jet injector has The Brother's Brother Foundation ls now cause they are both from the Committee been used Increasingly in the worldwide bat operating primarily in Central America, Dr. on Finance. tle against epidemic diseases. Millions are Hlngson explained, because it Is in "our own The PRESIDING OFFICER. The being inoculated every day against smallpox, backyard.'' nominations will be stated. malaria, polio, tuberculosis and other dis Dr. Hlngson, who ls presently taking up eases. a new post as professor of anesthesiology and Last year, the World Health Organization public health at the University of Pittsburgh and the United States Agency for Interna School of Medicine, ls also well known for tional Development began an eight-year joint developing a technique for painless child DEPARTMENT OF THE TREASURY campaign to vaccinate 1.5 billion people birth In the early 1940's. throughout the world against smallpox using The assistant legislative clerk read the jet injectors. nomination of Paul A. Volcker, of New The man behind the gun's development ls A BRIDGE TO RUSSIA'S JEWS Jersey, to be Under Secretary of the Dr. Robert A. Hlngson, a 55-year-old tall, Treasury for Monetary Affairs; and the soft-spoken Alabamian. Mr. JAVITS. Mr. President, a small nomination of Charls E. Walker, of on. ENTERS HAND but significant breach was made in the Connecticut, to be Under Secretary of In 1938, when Dr. Hlngson was an intern at Iron Curtain which has cut off the nearly the Treasury. the United States Marine Hospital on Staten 3 million Soviet Jews from their brethren Island, he came across an odd case. A seaman abroad, when the chief rabbi of Moscow. The PRESIDING OFFICER. Without suffered from a badly swollen hand, which, Rabbi Yehuda Leib Levin, visited the objection, the nominations are con when lanced, produced about a tablespoon United States. sidered and confirmed en bloc. of black liquid. Dr. Hingson found that oil This was the first visit of a Soviet Jew Mr. MANSFIELD. Mr. President, I ask had entered the man's hand as a result of his having held a high-pressure hose that must ish rabbi to the United States since the that the President be immediately noti Russian Revolution 50 years ago, al fied of the confirmation of these nomina have had a tiny leak. He recalled a principle in France in 1868, though the Soviets had permitted repre tions. that a needle could be eliminated through sentatives of other religious faiths to The PRESIDING OFFICER. Without the use of a high velocity spring system. By visit this Nation on several occasions. objection, it is so ordered. 1946, he had, with the help of engineers, Rabbi Arthur Schneier, the distill- January 23, 1969 CONGRESSIONAL RECORD- SENATE 1665 guished spiritual leader of the Park East tion he saw between Christian and Jewish It is Important to have a dialogue between in clergymen. corellglonlsts in different parts o! the world, Synagogue New York City, has written Here, we take Sunday schools and religious particularly between Soviet Jewry and a perceptive article on Rabbi Levin's visit schools !or granted. They don't exist In the American Jewry. We could strengthen eaeh to the United States, which was pub Soviet Union. Rabbi Levin was overwhelmed other in many ways. Rabbi Levin has by lished in the December 24, 1968, issue of by our vibrant Jewish life, and hoped that now reported to Moscow's Jewish community Look. I ask unanimous consent that this someday this vitality could exist in the So on the great development of Jews in Amer article be printed in the RECORD, coupled viet Union. ica. American Jews can have the satisfaction with the hope, as Rabbi Schneier states What impressed me most about this man of helping to keep alive spiritually a great in his article, that a new time for the was h is compassion and humility. He said to segment of our people. Maybe we can ac me, "All the honors and all the warm acco tually serve as a conduit for better relations Soviet people of the Jewish faith may be lades I received are not tributes to me per between the two countries. at hand. sonally. They are really an expression of We hope that Rabbi Levin's visit opened There being no objection, the article friendship to the Jews of the Soviet Union the door for future visits to America by was ordered to be printed in the RECORD, extended through me." This ls the great Russian Jews, that a new time is at hand as follows: significance of the Rabbi's visit: He Is the and that this was the real beginning. The A BRIDGE TO RUSSIA'S JEWS bridge, the link, between the Jews of Russia impact of his visit will be measured In the and their coreligionlsts abroad; there is no months and years ahead. It is an historic (By Rabbi Arthur Schneier) one else. moment. The visit this year of Rabbi Yehuda Leib His visit was a breakthrough, but It does Levin, the Chief Rabbi of Moscow, to the not solve the basic problems of religious Jews United States signals the beginning of a new in the Soviet Union. The most serious of day, the opening of two-way communica these is the lack of religious education, the FEDERAL COAL MINE HEALTH AND tions .between the world's largest Jewish com lack of facilities for the training of religious SAFETY ACT OF 1969 munities. Until now, the Russian Jewish com leaders. One must know Hebrew t o study the munity of the Soviet Union has been Isolated Bible and the Talmud. A boy or girl at the Mr. RANDOLPH. Mr. President, the from us. If visits like this continue, these age of 18 cannot be expected to start from RECORD of January 16, 1969, page 1038, contacts can lead to a general Improvement scratch. The Jewish way of life can be indicates that I introduced S. 355, the In the lives of three million Soviet Jews. achieved only through education, and the Federal Coal Mine Health and Safety Act When I visited the Soviet Union in 1966 as Hebrew language is the bond that ties one of 1969, a bill to improve the health and the head of the interfaith Appeal of Con Jew to another, as Latin has done for Cath safety conditions of persons working in science Foundation, to meet with Christian olics. Judaism in the Soviet Union may soon and Jewish religious leaders, I found the Jews find Itself without leadership. A lack of rabbis the coal mining industry of the United there lacking many privileges given the Rus In training remains the most distressing States. I made brief comments thereon. sian Orthodox and the Baptists. When I went problem for Soviet Jewry. The average age At page 1039, the RECORD reflects that back last year, I found things a bit Improved of the surviving rabbis Is about 70. If Juda S. 355 was received, read twice by its for Russian Jews. Matzah was available, ism Is to endure in the U.S.S.R., the govern title, and referred to the Committee on 10,000 prayer books were being printed, and ment will have to permit Jewish children to Labor and Public Welfare. fears t hat a Stalin-Khrushchev repression study their religion and t he Hebrew language. The RECORD of January 21, 1969, at might recur had abated. Both Christian and Jewish religious groups page 1312, reports, under the heading, I consider Rabbi Levin's visit significant in the United States and In the Soviet Union because, for the first time in 50 years, a rabbi have a common tie: the belief of God. "Federal Coal Mine Health and Safety was permitted to leave the Soviet Union with Through this bond, a better relationship Act of 1969," that a letter from the As the blessings of the Russian Government. Al could be established between the American sistant Secretary of the Interior, trans though churchmen had traveled abroad, no people and the Russian people. We are told mitting a draft of proposed legislation to rabbi had done so since the Russian Revolu there are 50 million believers in the Soviet improve the health and safety conditions tion. Union and only 12 million Communists. And of persons working in the coal mining Rabbi Levin is the spiritual leader of Mos among Americans, there is wide identifica cow's Central Synagogue and t he only rabbi industry-with accompanying papers t ion with the major faiths in the Soviet was referred to the Committee on In for Moscow's 500,000 Jews. Since Jewish com Union. If we can use this vast resource to munities in the Soviet Union function Inde build a bridge, It would certainly be ex terior and Insular Aff'airs. pendently, Rabbi Levin could only speak for tremely helpful In terms of Soviet-American Mr. President, inasmuch as the bill and to those things which will make his ran gement of putting in trust or anything, hardship for tens of thousands of peo country better and stronger. such as Secret ary Stans has resort ed to? be, Governor VOLPE. I believe that because my ple--trusts, widows, whatever it may Thus, we have an eminently success stock was in a construction firm which I that own the stock of this company. The ful man, a great administrator, one of founded and because buildings are visible public would be asked to take the punish the most brilliant and creative men in pieces of property that can be seen as they ment for no reason but a forced action or America today, a problem-solver, who are erected, it was necessary not only to arbitrary request of the Government, and has been nominated to go into one of the avoid a conflict of interest insofar as t he because of a potential conflict of interest most sophisticated and complicated busi law ls concerned but the spirit of the law which many of us feel does not exist 1n nesses we have in goverrunent. He is a as well. Therefore, I felt the manner in which the first instance. So I do believe the case man who, I believe, can think through it ought to be done would be through the is sale of my st ock completely. I hesitated to entirely different. the kind of problems we face in setting do this because it ls a firm I founded m yself. Mr. President, it is for these reasons priorities for the defense of the free But I felt the only way that it could be done, that I support, and intend to vote for the world and the United States of Amer without any shadow or possiblllty or appear confirmation. I believe we have benefited ica, and yet who understands the most ance of conflict of interest, was to sell that greatly by bringing out some of the com sophisticated weapons systems. stock, and I have arranged for the sale of plexities of the situation. But a.gain, it is He brings to the Defense Department my stock back to the corporation as pro a matter of individual judgment on this a body of knowledge perhaps unparal vided for in our bylaws. man and this situation, and I think the leled in an industrialist coming into The Senator from Michigan (Mr. evidence is overwhelmingly in favor of Government. He is a man who all his HART) then entered the colloquy, as confirmation. life has been able to set priorities and follows: Mr. MURPHY obtained the floor. insure that whatever he was connected Senator HART. Governor, congrat ulations, UNANIMOUS-CONSENT AGREEMENT with-a company or an educational in good wishes. I had not really intended to get Mr. MANSFIELD. Mr. President, will stitution-will get the most value for the into this conflict except to ask the clarifying the Senator yield? money spent. He is a man remarked by question of the earlier witness, because how ever you approach it, it is an unsatisfactory Mr. MURPHY. I yield. everyone I know who has known him Mr. MANSFIELD Mr. President, I ask and I have known him myself for year& sit uation. But I was struck as you described the reasoning that persuaded you to sell unanimous consent that there be a time for his integrity, to the extent that he your construction company's stock, sell it limitation of 30 minutes on the pending could not conceivably be questioned by rather than put it in trust. You felt since nomination, the time to be equally di any of us. you had founded it and since the product vided between the distinguished Senator I cannot imagine Mr. Packard's per was visible-buildings-you just felt it was from Mississippi (Mr. STENNIS) and the mitting a decision ever to be made, or better to sell, that it would avoid a conflict distinguished senior Senator from Ten ever making a decision, that would in of interest. nessee (Mr. GORE) , the vote to take place any respect benefit directly or indirectly At some other hearing I read about it in the paper, there is another distinguished not later than 4 o'clock. him or any member of his family. American who ls confronted with the same The PRESIDING OFFICER. Is there (At this point, Mr. HUGHES took the problem. He founded a business, his products objection to the unanimous-consent re chair as Presiding Officer.) are tangible, a substantial quantity are pur quest? Without objection, it is so ordered. Mr. GORE. Mr. President, will the chased by the government, but he concludes Mr. STENNIS. Mr. President, will the Senator from Illinois yield? that he should not sell, and chiefly because Senator from California yield? Mr. PERCY. I am delighted to yield to of the devastating consequences of dumping all that stock on the market. Most people Mr. MURPHY. I yield. the Senator from Tennessee with pleas apparently agree that he need not sell. Mr. STENNIS. How much time does ure. How do you distingulsh your situation from the Senator want? Mr. GORE. I share the Senator's high his? Mr. MURPHY. Probably 2 or 3 min estimate of Mr. Packard, based upon Governor VOLPE. Well, first of all, I would utes. I believe I have been very patient. I every bit of information that has come distinguish it in this way, that although have been in the Chamber-- to me. I do not know him personally, but mine ls a substantial construction operation, Mr. STENNIS. I yield 5 minutes to the because of statements in this regard, a there ls no comparison between the amount of money involved in my situation and the Senator from California. number of people have volunteered their amount of money involved 1n the situation Mr. MURPHY. I will take only 3 min impressions. Nothing has been unfavor to which I believe your are referring: on the utes. able. Thus, I share the high esteem of order of $300 miillon. That is what I remem Mr. President, I should like to con the Senator from Illinois for Mr. ber by way of a figure, 300 to 1. gratulate my esteemed colleague from Packard. Illinois for his presentation of this mat However, I believe I said that con Mr. President, thus, if a man has $1 million, we apply the rule, but if he has ter. I am pleased to rise in support of the firmation, as I saw it, with a prima facie nomination. conflict of interest appearing, would $300 million, we apply another rule, or none at all. Mr. Packard comes from my State, shake confidence not destroy it. If I said California.. In examining his qualifica "destroy," I should not have used that Mr. PERCY. If I may reply to that statement, there are two very basic dif tions, his background and capabilities, word, because that has a totality about it some of us there were alerted and asked which I did not wish to imply. I believe, ferences here. The first is that Governor Volpe was to do all the research and all the studies however, I said tbat it would shake con that we could. fidence. confirmed to be the Secretary of a de partment. He will be the top man, the I am pleased to say that never in my The distinguished senior Senator from life have I heard a man receive such a Michigan (Mr. HART) , who has had final decisionmaker in the area of respon sibility for that department. glowing recommendation from all areas, to leave to catch a plane, asked me if I In this case, we a.re asked to confirm from scholastic groups, industrial groups, would call to the attention of the Sen and civic groups. No one, in my knowl ate a very pertinent colloquy on this a man who will be the second man, who will have over him a superior who can edge, would have the qualifications that point at another committee hearing, and are attributed to this man. I wonder whether the Senator from Illi reverse any decision and who is, as we nois would be willing to have me do that know, one of the most sophisticated and I heard, on three occasions, close knowledgeable men in this particular friends, close associates, and competi now. tors say, "I do not care what job you Mr. PERCY. I would be very happy to area that he could be dealing with. The second thing is that Mr. Volpe was gave Mr. Packard to do ; chances are he have the Senator do so. would do it better than anyone else." Mr. GORE. This is with regard to the able to sell his stock very easily. Appar committee hearing on the confirmation ently, the company just purchased it. It We have spent some time talking about of Governor Volpe. could be done, and it was done. the amount of money he has accumu The colloquy is as follows: In this case before us, it is entirely dif lated. I think it is exciting, I think it is ferent. We know the nominee's holdings in keeping with American tradition, par Senator COTTON. Governor, I glanced over ticularly when we understand that he your list of holdings and securities that you cannot be sold. The company does not submitted to the Committee, consistent with have $300 million to buy back Mr. Pack started the business in a garage with a the policy of the Committee having this in ard's stock, and the market could not be capitalization of less than $600. advance, and without being critical, let me asked to absorb it without a. break in He does not build any weapons. He ask you: Have you contemplated any ar- price that would constitute a. very great does not build any weapons systems. He January 23, 1969 CONGRESSIONAL RECORD- SENATE 1681 is not to be compared with Secretary received nearly $3 million, which he is I have looked at the new conflict of McNamara, whose company did build writing off to begin with. So that I found, interest rules for this body and the hardware, and great amounts of it, or on the size of his holdings, the conflict House of Representatives, and it amazes Secretary Wilson, whose company did of interest we seem to be worried about me that we file only for ourselves. My build hardware. Mr. Packard's company sort of dissipated and fell apart. I think wife happens to be a woman of means. builds an instrument that is used in his answer was truthful. It is hard for me Certainly what is of interest to her is of measuring components of electronics; to conceive of being worth $300 million. interest to me. My children own stocks. and apparently it is one of the best of I asked him: "Would you be worried My brother owns stocks, and my sister its kind. It is off the shelf. It is not built if your stock went down two points? That as well; and yet I do not have to file for especially for the Government. It is not means you would lose $6 million." them. I would suggest that we might take dependent upon Government contracts. His answer was: "That would not wor to heart the example of Mr. Packard, As a matter of fact, during the testi ry me a bit. If it did worry me, I would and follow through on it. mony he said something that I was very not be interested in this business of do But, Mr. President, during the course pleased to hear-that he would be in fa ing other things." of the testimony which our chairman vor of competitive contracts, that a con So I was impressed by the fact that, so ably handled, one thing was brought tract should go to the company that with Mr. Packard's $300 million, Mr. out that impressed me more than any could deliver the best product at the low Packard's concern for it long had ad thing else. For the last 8 years, if est price in the fastest period of time, vanced beyond the concern of the man there has been a place in this country rather than negotiated contracts. My ex who had made his $1 million and was where there has been a real lessening of perience with negotiated contracts leads looking for $5 million. morale, it has been in the Pentagon. In me to go along with that point. As the Senator from Illinois pointed fact, it got so bad over there that morale However, I sincerely hope that my col out, there is a particular factor involved, just did not exist. I have had a number leagues will w1derstand, as I believe the and that is the narrowness from which of friends in the military services who majority of the committee understood, the Hewlett-Packard Co. operates. It is have resigned rather than put up with that this man has done everything pos strange to say "narrow" when one thinks what they have had to put up with for sible, with the very best advice, so that of $34 million of Government contracts, the last 8 years over there. in no way can he benefit from any de but it is off the shelf. It is not a com Mr. Packard made it a point to bring cision he might make in this government ponent part of a missile, tank, or sub out what I think is the most important position; and if there 1s damage done marine. factor in any business: the people who from other influences to his company, he As we approach the overall problem, work for it. They are not figures in a. is not particularly worried about that. we find, which has been admitted in the ledger, or punches on a tape; they are He is a man whose public service in Cali debate today, that we have very little people, the most important factor to the fornia and across the Nation 1s well statutory guidance on the conflict of in success of any business. For that reason, known, and he is taking this job at great terest problems, and it seems to me each I would recommend a man going into the detriment to himself and his future. He committee sets its own standards. Pentagon, after what they have put up is doing it because he wants to give the I think, too, as the Senator from Vir with for 8 long years, who will listen very best service he can to the country. ginia does, that if we followed the logi to people who have something to offer, I think the President of the United cal conclusion of the Senator from Ten and not go off half-cocked on his own, States is to be complimented on having nessee, we would find that what he seeks with the advice of some half wornout a man of such generous spirit and a man is complete divestment, as in the Mc computer. of such great capability and a man who Namara case, of the stock. Mr. President, I merely wished to point demands such respect. That means that this man becomes out that the emphasis Mr. Packard has I do not think any of my colleagues ineligible, and I do not believe, with the placed on people is, to me, one of the will have t o worry about that after this problems that the Defense Department most inlportant facets of this matter. long and distinguished public career, has today, that we can afford, as a na Mr. PROXMIRE and Mr. ALLOT!' they would have to be concerned about tion, to declare ineligible for office men addressed the Chair. Mr. Packard's being guilty of somet hing of the successful type of Mr. Packard. Mr. STENNIS. I yield 3 minutes to the that might lead them to believe there was I, too, agree that we should, as a body, Senator from Colorado. a conflict of interest. do something about the conflict of in The PRESIDING OFFICER. The Sen I will endorse the nomination and vote terest problem. ator has 2 minutes remaining. for it enthusiastically. With that, Mr. President, I close by Mr. STENNIS. Mr. President, I yield saying that I support the nomination of Mr. GORE. Mr. President, I yield my 5 minutes to the Senator from New Mr. Packard. remaining time to the Senator from Hampshire (Mr. McINTYRE .) Mr. STENNIS. Mr. President, I yield 3 Mississippi. Mr. McINTYRE. Mr. President, as a minutes to the Senator from Arizona. Mr. STENNIS. Very well. member of the Armed Services Commit Mr. GOLDWATER. Mr. President, as a The PRESIDING OFFICER. The Sen t ee, I must admit to certain reservations member of the Armed Services Commit ator from Colorado is recognized. that I had as we approached the hear tee, it was my pleasure to sit and listen Mr. ALLOTT. Mr. President, I simply ings on Mr. Packard. At that time, I was to the testimony given by Mr. Packard. want to add something to this debate involved in a committee of my own, in I was extremely impressed with his testi which I could not refrain from adding, which I felt that a conflict of interest was mony, as I have been with the man him because I can add something that no actually hurting my cause. As I con self for many long years. I rise at this one else in Congress can add. David cluded the hearings 2 or 3 days later, I point, not to reiterate what has been said Packard was born in the same town that found that three elements have brought about the trust, because I think it is one I was: Pueblo, Colo. When this young me around so I can support this nomi of the safest ones that I have seen in the lawyer who now stands before you got nation. years I have been here and in my new out of law school, it was David Packard's The first is a peculiar one. Perhaps it freshmen term; but I wish to comment father, Sperry Packard, who gave the is one the distinguished Senator from on one thing Mr. Packard did that I young man a place in his office and gave Tennessee (Mr. GOREJ would not appre think we in Congress might well emulate: him some business to get st arted, so that ciate. But I think it is on the very size, he included not only a statement of his he could pay off his school debts. $300 million, represented in the stock own holdings, but a statement of the Sperry Packard was one of the finest that Mr. Packard owns. There is acer holdings of his wife. men I have ever known in my life. He tain amount of integrity and insulation This conflict of interest problem is was not only a. man of scrupulous in in the amount itself. For instance, the something we are beginning to learn we tegrity; he was also a very capable and dividends from that stock will amount to do not know very much about. I do not brilliant lawYer. Knowing him as I knew some $720,000 annually. These dividends, believe it is encompassed in how much him very well, for a year, in my associa under the trust, will be distributed, either money or how much stock you own in tion there in that office-never a formal annually or semiannually, to those General Motors, Smith & Co., Ford, or association-I know what kind of stock named the beneficiaries. But witness, any other firm. I think 1f a man is basi Dave Packard came from. if you will, that Mr. Packard, from that cally honest, he is going to remain basi But more than that, I knew Dave $720,000, over a 4-year span, would have cally honest. Packard as a high school student. I knew 1682 CONGRESSIONAL RECORD- SENATE January 23, 1969 his sister Ann. I knew his mother. In fact, feet upon the value of the stock. Depend to buy 3 million shares of the stock with in the spring of 1930, I used to go out in ing on how long a time was taken, of the price steadily going down. the field with Dave Packard in an at course, it could be stretched away out, The judgment of the most outstanding tempt to help him with the hurdles, which perhaps; or there might be enough re authorities I could go to-the last as re he was then running. sources in those houses, so that if they cently as 1 hour ago on the telephone- Having known him, and having known were to combine for that purpose, they is that this statement is absolutely fun his family, although my acquaintance could doubtless absorb the stock. But damentally sound and they would sup with him since then has been onlY spo that is so far beyond the realm of reason port it in every respect. radic, I could not let this moment pass and practice that I believe, as a practi Mr. STENNIS. Mr. President, I have a without saying that, having known him cal matter, it is undoubtedly true that very few minutes in which to conclude. I and his background, having known what such an action would result in a great thank the Senator from Tennessee (Mr. he did at Stanford, and what he has sacrifice on the part of innocent stock GORE) for yielding time to me in this way. done since, I would be most remiss, Mr. holders. It was something that the com I shall certainly not use all his time. President, if I did not contribute this mittee backed off from taking on, even if I appreciate very much the fine presen little personal picture of Dave Packard Mr. Packard had agreed to do so. tation that he made of his viewpoint. He as I know him. Mr. PROXMffiE. I might say that the is always a formidable debater, and is Mr. STENNIS. Mr. President, if any Hewlett-Packard Co. is going to suffer a not given to idle language or idle points. Senator wishes to speak, the Senator severe sacrifice anyway, because Mr. He brought the question into sharp focus from Tennessee has yielded me his time. Packard is a remarkably successful and ably presented his views. Mr. MANSFIELD. Does the Senator leader of this firm, and the loss of his The question has been raised by the intend to conclude the debate? leadership undoubtedly will have an ad Senator from Tennessee: Why did not Mr. STENNIS. No; the Senator from verse effect on the company. the committee require Mr. Packard to Tennessee will. I have just a few words. Mr. STENNIS. It already has. dispose of the other stock, meaning the Mr. President, may I inquire what Mr. PROXMIRE. I thank the Senator. stock of the company that had contracts amount of time remains on each side? Mr. STENNIS. The Senator from Illi- with the Department of Defense? It was The PRESIDING OFFICER. The Sen nois (Mr. PERCY) had this question on salable and we required him to comply ator from Mississippi has used all of his his mind, too, and he made some inde with that ruling to the extent that the time. There are 12¥2 minutes remaining pendent inquiries. stock was salable, just as we have re on the other side. (Mr. PERCY subsequently made the fol quired anyone else to do so. Mr. STENNIS. Does the Chair under lowing statement, which is printed here Mr. GORE. Mr. President, will the stand that that time has been yielded to by unanimous consent.) Senator yield? me? Mr. PERCY. Mr. President, following Mr. STENNIS. I yield to the Senator The PRESIDING OFFICER. Yes. my previous remarks, the distinguished from Tennessee. Mr. STENNIS. I now yield to the Sen Senator from Wisconsin asked a question Mr. GORE. I am not an authority, of ator from Wisconsin for a question. pertinent to those remarks and I regret course, on the operations of the stock Mr. PROXMIRE. Mr. President, I ask I was not in the Chamber at that time. market and the marketing of securities. the distinguished chairman of t.he com I have since given him the answer and I think, however, for the benefit of the mittee about this claim which has been he has suggested that I make the state RECORD, I should say that some persons made over and over again on the floor ment for the RECORD. who are knowledgeable in the field, and and in the press, that if Mr. Packard is The question he asked relates to the upon whose expertise I have reason to required to dispose of his holdings in statement made by Mr. Packard before rely have told me that the stock could ' Hewlett-Packard, it will greatly depress the Committee on Armed Services, that be handled through an underwriting the stock of the company, and result in it was not practicable to sell his Hewlett agency within a reasonable time, with no sacrifice not only on his part, but on the Packard stock, and whether his position serious or adverse consequences to the part of many stockholders. is verified by expert advice. corporation. I do not know. But since I ask the chairman whether this has Mr. President, I wish to say to the dis the point had been made, I sought an been explored with investment banking tinguished Senator that in order to verify swers to it, and I was told by persons firms, and whether their advice has been this statement and make certain that it whom I have found to be reliable that It secured about it. could be validated by proper authority, I could be done. It is my understanding that a large contacted an outstanding investment Mr. STENNIS. The committee's in investment banking syndicate could dis banking firm in Washington, an out formation on that point was to the pose of 3 million or 5 million shares, or standing firm in Philadelphia, and two contrary. any amount of stock, over a period of of the largest firms in New York City. I failed to point out that former Secre several weeks, in the event they were The composite of their judgment was tary McNamara, who held the office of asked to do so, and if the company whose that from a practical standpoint Mr. Secretary of Defense for almost 8 years, stock is being sold is an established firm, Packard's statement is absolutely funda and former Secretary Clifford, of the De with strong earnings and so forth, there mentally sound. partment of Defense, as well as Mr. might be a limited sacrifice, but not the The rationale is as follows: If 3 Nitze, said that during their periods of kind of catastrophe which would occur million shares of Hewlett-Packard stock office no matter involving Hewlett-Pack if a man went to the market and said,· were placed on the market in a secondary ard had come to their attention. In "I am selling 3 million shares for what offering the question would immediately other words, no decision concerning this ever it will bring." go through the minds of stockholders of company's affairs had come before them. I am informed that it could be done Hewlett-Packard, including banks, That confirms the fact that such con by the investment banking syndicate trusts, and other organizations: What is tracts are made at field level or by Army with each member taking a limited going to happen to the price of this procurement agencies or by an Air Force amount, and being able to sell it at a stock? or another agency, wherever it might be. point or 2 or 3 points below the market. They might decide that there is going Furthermore, the new Secretary of Perhaps I am wrong on that, but. I should to be a depression in the price, with one Defense, Mr. Laird, assured us that he like to know what the result would be, third of the stock becoming available, would take the responsibility of making and whether or not this point has been and they might decide to sell their stock. certain that no matter involving Hewlett explored with investment banking firms. Certainly demand would have already Packard would ever go to Mr. Packard Mr. STENNIS. I am glad t.o answer the slackened; there would not be many buy so long as Mr. Packard was Deputy Sec Senator's question. ers, with the prospect of some three mil retary of Defense. Of course, Mr. Packard This transaction would involve $300 lion shares immediately becoming avail made the same pledge, that he would million in value of stock, and 30 percent able. Therefore, the price immediately see to it that such matters did not reach of the total stock of the company. We would begin to erode and the question him, either. are advised, including advice by invest would become: At what point will the One thing more. I did say that faith ment firms, that it could and would have floor be reached? in Mr. Packard-at least, some faith a very depressing effect, and could have In such a situation, no investment went to the heart of the matter. Of a very abrupt and almost disastrous ef- company could or would set a fixed price course, I had already outlined all the January 23, 1969 CONGRESSIONAL RECORD- SENATE 1683 other safeguards about the trust agree sent that the entire article be printed in teeth, neither should we send aircraft to do ment and the precautions that had been the RECORD. the work of trains, cars to do the work o! put around it, until it got down, in the There being no objection, the article buses, or buses to do the work o! rail transit," he said. final analysis, to the point where it was was ordered to be printed in the RECORD, In the press conference announcing his necessary to have some faith in the man, as follows: election, Mr. Boyd predicted there wlll be and that faith went to the heart of the ILLINOIS CENTRAL ROAD NAMES AS PREBmENT changes In publlc policies that tend to Im matter. I still feel that way. ALAN BOYD, FORMER TRANSPORTATION pair intermodal activity. One other point: Mr. Packard im AGENCY CHIEF CITES NEEDS OF RAII.ROADS pressed me. I was skeptical about the CHICAGO .-Alan S. Boyd, President John He also said there has been too much regu nomination when I was called about it son's Secretary of Transportation from the lation of the railroad industry, and the whole before the holidays. One thing that time the Department of Transportation was subject should be reviewed. Railroads have cleared up my mind is that he was not created until President Nixon's Inaugura been "hamstrung" by regulations, and the a coached witness. He spoke with spon tion Monday, was elected president of the industry needs more competition and free taneity, firmness, and conviction. He was Illinois Central Railroad, chief subsidiary of dom to compete, he said. Illinois Central Industries Inc. Asked If he blamed Government regula speaking from his heart and his mind, The announcement, which surprised many and he knew the answers. There was no tion more than railroad managements !or the members of the transportation Industry, was Industry's ills, Mr. Boyd said the industry hedging, there was no preparation. Inade at a press conference and luncheon for had enough trouble for everyone to share in Mr. GORE. Mr. President, will the Illinois Central shippers In Pittsburgh. spreading the responsibility. Mr. Boyd succeeds William B. Johnson as Senator yield? He predicted Mr. Boyd would ''provide out Mr. STENNIS. I gladly yield. president of the railroad, with Mr. Johnson continuing as chainnan and chief executive standing leadership," and be "increasingly Mr. GORE. I find it of some signifi officer. He also remains chairman and presi valuable" to Illinois Central as the time ap cance that Secretary Laird felt it advis dent of Illinois Central Industries. proaches "when the public Interest demands able to tell the committee that he would Employment of the 46-year-old Mr. Boyd more and more of the benefits that can be issue an order that no matter affecting is probably the most significant of a long generated by lntermodal operations." the Hewlett-Packard Co. would reach series of major personnel changes Mr. John Mr. Boyd said he believes a Government Mr. Packard. I do not know how Mr. son has made since he left the presidency of policy setting forth overall guidelines for Railway Express Agency Inc. to head the railroad mergers is needed in place or the Packard, as Deputy Secretary, could "case-by-case" approach utilized in the past. make decisions with respect to policy, Illinois Central in 1966. In the past two years he has assembled a That approach, he said, has failed to recog deployment of arms, armament pro management team that many competitors nize the "national picture." grams, and the further sophistication of concede may be the industry's most capable. He said Government subsidies are neces the weapons system without its having Instead of using the traditional rail industry sary for commuter railroad operations and an effect upon the electronics issue. This technique of promoting from within, he has possibly for longer-haul passenger runs In in itself exemplifies the existence of a obtained a number of key executives by cases where public demand for the service conflict of interest, which we are asked hiring top talent from other railroads and exists but It can't be met on a profitable Industries. basis. The Department of Transportation to approve. earlier this month announced a $25.2 million Obviously, with the unanimous sup BOYD'S RESPONSmn.rrms grant for replacement of cars In the Illinois port of the committee, with the recom In making the announcement, Mr. John Central's 40-year-old commuter fleet. mendation of a new President, with the son indicated Mr. Boyd will head this man Mr. Boyd also said he had a strong Interest grace which all of us wish to extend to agement team and have responsibility for in improving overall railroad industry service him, and with the flexibility we would all the day-to-day operations of the railroad. and Increasing freight car utilization. "It like to accord him in the selection of his Mr. Johnson, 50, said he expects to divide bis does little good for one railroad to break tts team, there is no chance to prevent the time between railroad and holding-company back providing good service and then have a duties. Sources close to Illinois Central be car delayed three or four days at a junction confirmation of the nomination at this lieve Mr. Johnson eventually will relinquish point," he said. point. his post with the railroad to devote full time His lack or committed positions in the field I should like to close by calling upon to a1fairs of the parent holding company. of labor-management relations should help Congress to consider this debate and to Mr. Boyd's starting salary will be $75,000 In that currently critical area for the rail let the issue on this conflict dramatize plus deferred compensation of $20,000 an roads, he said. nually and options not yet worked out. Mr. the note for a serious attack upon con ONCE SERVED ON CAB flict of interest, a practice which is grow Johnson said Mr. Boyd will assume his posi tion April 1 after a vacation. Mr. Boyd was sworn In as the first Trans ing bigger and bigger in our industrial In his position with Illinois Central, Mr. portation Secretary in January 1967 and the ized society. Boyd can be expected to be of considerable department formally came into being In Mr. STENNIS. Mr. President, I yield help because of his expert "Inside" knowledge April of that year. Previously, he had been 1 minute to the distinguished Senator of the complexities of Government regulation Under Secretary of Commerce for transporta from Arizona. of all forms of transportation. tion, a member and chairman of the Civil Mr. GOLDWATER. Mr. President, The Illinois Central currently Is engaged Aeronautics Board and chairman of the Flor earlier I commented that we hear much in several major efl'orts requiring Govern ida Railroad and Public Utilities Commis ment approval. The most significant ts an sion. talk about conflict of interest without application before the Interstate Commerce In Washington, the trim, tall former law knowing much about it. We tend to as Commission seeking to merge with the Gulf, yer and military pilot was known !or bis sociate it with nominations. I read from Mobile & Ohio Railroad. The merger would candid, witty and bold style. With the possi the Wall Streeet Journal of today an combine the 6,700-mlle, 14-state Illinois ble exception of the railroads, he managed interesting report, without making any Central system with the 2,700-mlle, seven through his policy proposals and their Imple charges. The headline is: state GM&O. Main routes or both roads run mentation to antagonize every mode o! Illinois Central Road Names as Presi from Chicago directly south to the Gulf transportation at some time or other as he dent Alan Boyd, Former Transportation Coast; the Illinois Central also runs from went about organizing the new department, Agency Chief. Chicago to Omaha, and the GM&O from Chi which now numbers 95,000 employes and cago to Kansas City, Mo. has a $6 b!lllon budget. "It may be that the The article contains the following "SOUGHT BY MANY OTHERS" bicycle makers are the only ones not mad at sentence: Mr. Johnson noted that Mr. Boyd's services him," It was said. The Department of Transportation earlier "have been sought by many others" because At Illinois Central he will run a railroad this month announced a $25.2 mllllon grant of his experience and quallflcE.tlons, and said with annual revenue in excess of $300 mil for a replacement of cars In the Illlnols Cen his decision to come to the Illinois Central lion and some 20,500 employes. In facing up tral's 40-year-old commuter fleet. should "reaffirm and hearten those who be to his new tasks, he jokingly said he recog lieve that railroads tn general and Illinois nized one Immediate problem: "As a former Also, the article states that Mr. Boyd's Central in particular have Important and Government official, I'll have difficulty oper salary will be $75,000 a year. productive work to do for the U.S. economy ating with the same sense of modesty I've seen In most railroad presidents." Ts this a conflict of interest. or is it in the years ahead." not? I do not think it is. But it is During his time in Washington, Mr. Boyd Mr. STENNIS. Mr. President, I thank demonstrative of what we have been has been regarded as an outspoken advocate the distinguished Senator from Ten or increased cooperation among all types of arguing about. We really do not know transportation, repeatedly urging an end to nessee for his unfailing courtesy, and much about the field of conflict of antagonisms among the various modes. "We I commend him for his presentation. interest. need to !ace the fact that, as we do not send I yield the floor. I believe that all time Mr. President, I ask unanimous con- dentists into court or send lawyers to fill has expired. 1684 CONGRESSIONAL RECORD- SENATE January 23, 1969 The PRESIDING OFFICER. One min Gravel McCarthy Muskie As it turned out, that prediction in the Hart Mondale Riblcoff ute remains. Hatfield Montoya Tydings New York Times proved to be inaccu Mr. STENNIS. I yield back the re Magnuson Moss rate. mainder of my time. Under established procedures a hear The PRESIDING OFFICER. All time So the nomination was confirmed. Mr. SCOT!'. Mr. President, I move to ing examiner's proposed decision in a has been yielded back. case is subject to review by the CAB, The question is, Will the Senate advise reconsider the vote by which the nom ination was confirmed. which is politically appointed. Of course, and consent to the nomination of David the CAB has authority to overturn or Packard to be Deputy Secretary of De Mr. BYRD of West Virginia. Mr. Pres ident, I move to lay that motion on the completely revise an examiner's recom fense? On this question the yeas and table. mendations. nays have been ordered, and the clerk In addition, the President of the Unit will call the roll. The motion to lay on the table was agreed to. ed States has authority, based upon his The legislative clerk called the roll. foreign policy responsibilities, to review Mr. BYRD of Virginia. I announce that Mr. STENNIS. Mr. President, I ask unanimous consent that the President any international phase of such a case, the Senator from Missouri (Mr. EAGLE and to rule independently thereon. TON), the Senator from Mississippi (Mr. be immediately notified of the confirma tion of the nomination. On December 19, 1968, about a month EASTLAND), the Senator from Arkansas before President Johnson would leave (Mr. FuLBRIGHT), the Senator from The PRESIDING OFFICER. Without objection, it is so ordered. office, the CAB and the President issued Alaska (Mr. GRAVEL), the Senator from their decision in the air route case. Michigan (Mr. HART), the Senator from As a result, Examiner Park's recom Washington (Mr. MAGNUSON)' the Sena LEGISLATIVE SESSION tor from Minnesota (Mr. McCARTHY), mendations were drastically revised the Senator from Minnesota (Mr. MON Mr. BYRD of West Virginia. Mr. Pres Braniff, Continental, and American Air DALE ), the Senator from New Mexico ident, I ask unanimous consent that the lines-which were excluded by the ex Two new routes between Anchor includes LBJ insiders Walter Jenkins and [ The C.A.B. examiner's finding stirred age, Alaska and Hawaii and between Minne Cliff Carter. mixed reaction from the ca.IT!ers, ranging apolis-St. Paul, Denver, Phoenix, San Diego, The list or rainmakers for other airlines from severe criticism by those not recom Los Angeles-Long Beach and San Francisco benefltting from the C.A.B. decision after mended for new routes to approval from Oakland and Hawaii. being ignored by the examiner reads like a those suggested for additional routes. On Pan American-Flights to the Orient from Who's Who of the Great Society. LBJ inti the New York Stock Exchange, shares in the New York-Newark and Seattle-Tacoma, Port mate Warren Woodward is a vice president recommended airlines registered gains.) land, San Diego, Los Angeles-Long Beach and or American; ex-Johnson aides Horace Busby San Francisco-Oakland. Also, a new route and Jake Jacobsen are on American's pay FIRST MAJOR STEP from New York-Newark via Fairbanks, Alaska, roll. Continental is represented in Washing One effect of today's proposal would be to Japan to give Northwest its first competi ton by (!ormer) Secretary of Defense Clark to make Pan American and T.W.A. true tion on this route. For Its South Pacific Clifford's law firm; LBJ inside Lloyd Hand round-the-world carriers or the American routes, Pan Am could now serve New York. Is closely connected with Oontlnental. flag. T.W.A. now flies east from California. Newark, Seattle-Tacoma, Portland and San to Hong Kong but no farther. Pan Am basi Diego. San Diego also would be added as a Mr. President, the transpacific air cally has no domestic route network but re Pan Am gateway to Hawaii. route case has been under consideration cently got Interim permission to link its West Northwest-Flights from eight new main for more than a decade. Coast terminals with New York. land points to the Orient. The points are In 1959, President Eisenhower re The recommendation is the first major step Boston, New York-Newark, Wash!ngton in the biggest case In C.A.B. history. It must quested the CAB to undertake a review Ba.ltlmore, Philadelphia, Cleveland, Detroit, be reviewed by the board Itself-perhaps ·oy Chicago and Minneapolis-St. Paul. Also serv of the Pacific route complex. The CAB Inid-June-a.nd .then by the President. responded and reached a decision in De ice to Hawaii as part or the Orient route. Mr. Park's recommendation would Increase Northwest also could carry local traffic !rom cember 1960. On January 18, 1961-only competition in almost every area of the the mainland to Ha.wall. 2 days before leaving office-President Pacific and give many Inland and East Coast United-Nonstop service between Hawaii Eisenhower, for reasons of foreign pol cities direct service to Hawaii and beyond. New and improved services proposed today and 11 new ma.inland points: Boston, New icy, disapproved the CAB's recommen would begin early in the nineteen-seventies. York-Newark, Buffalo-Niagara Falls, Phila dations on the international phase and Six foreign-flag carriers now compete against delphia, Pittsburgh, Washington-Baltimore, suggested that the Board and the new the three American carriers in the Pacific. Cleveland, Detroit, Chicago, Kansas City and administration reconsider the matter. The Importance of the so-called Trans Denver. Flying Tiger-A five-year certificate to carry It is noteworthy that President Eisen pacific Route Investigation was reflected in mall and cargo only from 10 mainland points hower welcomed reconsideration of the this statement by Mr. Park: "One cannot peruse the facts In this record to Hawaii and from these ooints to the Ori case by the Kennedy administration. without being deeply impressed by the na ent. At the present time, under established ture and extent or the Involvement or this procedures, the parties to this case have nation In the Pacific. From every point of (From the New York Times, Jan. 19, 1969] until tomorrow, January 24, to file peti view-defense, econoinic, trade, tourism PACIFIC Am ROUTE AWARDS: PLUMS MAY tions for reconsideration. the Interests of the United States are being PROVE BnTER I know that the factors which must drawn inexorably toward the countries of the (By Robert E. Bedingfield) Pacific basin." be taken into account in a case like this Seventy-two parties have introduced evi The consensus of the airline industry on are highly complex. I would not suggest dence in the case and a transcript of 9,421 the Civil Aeronautics Board's decision last that a review by the Nixon administra pages has been compiled from the 68 days of month in the Trans-Pacific route case ls that tion should take very long. hearings held here and In Honolulu last the board made the wrong awards to the year. Altogether, 18 a.lrllnes--two of which wrong people for the wrong reasons--and But I strongly suggest that this case that the plums it sought to distribute might should be carefully reviewed by the new merged during the hearings-sought new or improved routes. prove impossible to pluck. administration before any award of these Mr. Park's proposals brought many sur That applies particularly to the inter multimillion-dollar air routes is made prises to the airline Industry. They also national awards. The related domestic final. brought the frequent observation that awards, announced earlier this month, were The doubts about this decision sug politics appeared not to have been Involved also criticized, but not so warmly. The C. A. gested in the press are serious, and in his recommendations, despite the Inten B. invited anyone aggrieved to file protests should not be lightly dismissed. sive competition for the routes. by next Friday, and many acceptances of the American, Continental and Braniff, con invitation were predicted. Therefore, in view of the widespread sidered particularly strong contenders, got The criticisms were subdued. In a regu controversy which surrounds this case, no new routes. Eastern got virtually every lated Industry the profits !rom saying out and because of the importance of mak thing it had asked for. United got none of the loud the regulators must be out or their ing sure that such a decision is based flights beyond Hawaii that It had sought. minds are hard to come by. One or the rew on the public interest, I am calling upon Pan American and Northwest, the predomi persons who seemed really pleased with the the new administration to stay fw-ther nant Pacific carriers, were given more c= awards was Robert Six, president or Conti petit!on on their prime routes than many nental Airlines. proceedings pending a careful but ex had expected. His company was given permission to peditious review. There was considerable speculation here operate between Chicago, Kansas City, Den Mr. President, in connection with these that the case is so complex and Mr. Park's ver, Phoenix and Los Angeles to Honolulu remarks, I ask unanimous consent to recommendations so thorough that neither and Hilo. In addition, it received the right the board nor the President is likely to alter to try to crack the near monopoly of Pan have the various articles to which I have them drastically. American and a three-line British alliance referred printed in full in the RECORD. ACTION BY EISENHOWER on air travel to Australia. and New Zealand. There being no objection, the articles On the other hand, some observers recalled A ROSY VIEW were ordered to be printed in the RECORD, that just before he le!t office in January, Mr. Six, almost alone, buys the C. A. B.'s as follows: 1961, President Eisenhower In effect threw rosy view or travel to the lands down under 1686 CONGRESSIONAL RECORD- SENATE January 23, 1969 and the islands in between. He said: "The Other analysts agreed that not only Japan, from the larger base created by previous traveler has been virtually every place except but many other countries, have a favored Increases. the South Pacific. He wlll love Australia and line, like J apan Air Lines, which Is looked As part of the justification for feeding new New Zealand, because the people speak Eng upon as a quasi-government enterprise. competition into the Pacific market, the lish and like Americans." "If we are going to cave in every time a board cited the persistent high fares, which, Trans World Airlines, in the route decision, national airline wants to get tough," an In It said, Pan American and Northwest bad won its long-sought, around-the-world dustry spokesman said, "It will be hard on shown llttle indication to reduce. route. It had been restricted to stopping at the privately owned United States airlines, The fares are high. One way from New York Hong Kong. Even so. T. W. A. can cross the because they can all get t ough If It pays off." to New Zealand for $610, and $1,172-round Pacific only by the longer route touching Aviation Week & Space Technology, a trade trip, are not calculated to lure the 21-day Hawall and Okinawa, and Is specifically for publication, made the same point, that the vacation trade. Neither are $479 one-way, bidden to serve Tokyo. Moreover, it must use confi!ct between the C. A. B.'s mandate to $922 round-trip to Tokyo--and that's in the the lesser airports of Ontario and Long foster air commerce and the State Depart off season. Peak fares are $499 one-way and Beach In the Los Angeles area, rather than ment's concern !or "public service as a tool $960 round-trip. the Los Angeles International Airport. of diplomacy" could only interrupt healthy Analysts point out that reducing fares on One critic of the decision remarked : "The route expansions In other areas. international routes is not something that C. A. B. seems to have forgotten that It is PUBLICATION QUOTED can be done by the United States airlines, stlll dragging Its feet on letting T . W. A. land with or without C. A. B . urging. Such fares and take off from Ontario and Long Beach In The favors shown Braniff and Continental were considered In both the Industry and In are set by consultations of the members of another case." the International Air Transport Association, Northwest was granted authority to add Wall Street to be politically Inspired. Airline Newsletter, a publication circulated among and the I.A.T .A. of late has been more eager New York, Newark, Philadelphia, Washing to raise fares than to lower them. ton's Dulles Airport, Cleveland, Detroit, Chi airline executives, observed: "As expected, cago and Minneapolis-St. Paul as mainland President Johnson seems to have made an starting points for its Grea.t Circle route via effort to reward his friends, or to appear to [From the Washington Post, Jan. 20, 1969] have done so." Anchorage, Alaska. It now has just Seattle AIRLINE STORM RUMBLING OVER PACIFIC ROUTE and Tacoma. Feeder flights must start from "It was obviously a political decision," a bank analyst said. ''Continental and Braniff, DECISIONS satellite fields In both Los Angeles and San (By Richard Halloran) Francisco. It also was granted a Central Pa handling mllltary traffic, did everything they cific route via Hawaii from the domestic could to butter up the Government. We were A flock of disgruntled airl!nes, including points listed. surprised that they weren't favored over East some of the most powerful, are trying to In the board's International route deci ern In the examiner's report as well as in blow the controversial Transpacific air route sions-those have to be approved by the the decision." case wide open. President, to make sure foreign relations are As far as Contlnental's new routes to the Resentment Is rumbling among the car weighed in the decision-Braniff Airways South Seas and Micronesia are concerned, fi riers over recent Civil Aeronautics Board and was authorized to serve Hawaii, but only via nancial circles generally contend that the Presidential decisions and what the carriers Mexico City and Acapulco, from its domestic harvest Mr. Six expects ls a long way off, not consider the polltlcs-rldden, sloppy way In terminals at Miami, Atlanta, St. Louis, New withstanding the C. A. B.'s rosy estimates of which the case was handled. Orleans, Dallas and Houston. In the subse potential Increased traffic. Moreover, some Spokesmen for the airllnes have been cau quent domestic decision-where the c. A. B. analysts pointed out, Continental stlll tious and circumspect In publlc statements has the last word-Braniff got a nonstop doesn't have landing rights, and those can but privately they make clear their dissatis route to Hawaii from those terminals. take a long time to get. factions and their Intent to have the deci In the domestic phase of the findings, It ls believed that obtaining landing rights, sions overturned If they possibly can. Continental and Western Air Lines were particularly In the Philippines and Japan, The Johnson Administration tried bard to given routes between the mainland and Ha may prove troublesome In the case of Flying have the case neatly settled before lt left office waii, and expansion of the existing United Tiger. In approving the C. A. B.'s decision to but instead wlll be leaving the incoming Ad Airlines service was approved. grant this all-cargo carrier a route between ministration a problem that could confront To show the confusion that can be created the United States mainland and the Orient, it with some painful decisions during its by the divided responsiblllty for decisions, President Johnson said he had "serious reser early days. American was granted a domestic mainland vation concerning the advlsab!l!ty of the INFLUENCE LINGERS Hawall route, but only for passengers intend award." The outgoing Administration, however, will ing to go on to Japan-after President John He said he would allow the board's decision have considerable lingering influence. CAB son bad vetoed the board's decision that to stand, since the route would be experi Chairman John Crooker, reappointed chair American might fly to Japan. mental, on a non-subsidy basis and limited man by President Johnson on Dec. 31 for a The President said that allowing a third to a five-year period. For years the Phll!p one-year term, ls not expected to resign bis carrier to Join Pan American and Northwest pines have severely restricted Pan American post on Jan. 20. In competition for traffic on the Tokyo run and Northwest, both of which now serve the Crooker, a Houston lawyer, has been a "ls not at this time In the national Interest." Islands. In the South Pacific, meanwhile, there were longtime personal friend and campaign fund The President did urge that American be raiser for President Johnson. allowed to serve Hawaii without restriction. less than 200,000 trips from the United States In 1967, and this Included Australia and New CAB sources said Crooker plans to stay on TWO TSIBUNALS Zealand. Competing for the business were at least until the Transpacific case Is con Two commissioners, John Crooker Jr., the Pan American, Qantas (the Australian-owned cluded, possibly for the entire year. Although chairman, and G. Joseph Minetti, urged that Une) , Air New Zealand, British Overseas Air protocol usually requires the chairman of a the restrictions be lifted, but the majority of ways, UTA (an affiliate of Air France) and a regulatory commission to resign with the the commission let the meaningless permis Canadian line. change of Administration, some former CAB sion stand. chairmen have set a precedent of not re One surprise to the Industry was the REQUESTS CUT signing. board's failure to give anything to Eastern When Pan American asked permission to President-elect Nixon, according to bis Airlines, after the hearing examiner, Robert make 12 flights a week to Australia Instead aides, ls quite aware of the timing and scope L. Park, had favored Eastern for the routeB of seven, and six a week to New Zealand of the controversy. But they doubt the new that were given Instead to Continental. Instead of three, it was held to nine and four President wlll Insert himself Into lt and will When all the petitioners line up Friday to a week respectively. Now Continental will concern himself with it only if it comes to ask for changes-and even Mr. Six has some further divide the available traffic. him for a decision. reouests to make, happy as he professes him When Examiner Park made his report on Alrllne Industry sources, however, said a self to be-they wlll be, In reality, addressing trans-Pacific routings, he estimated that in "common effort" ls being made to get the two tribunals. The board Itself can affirm or 1970 the total United States-Orient market new President to look at the case. CAB offi revise the domestic rulings; I! the Interna would be between 1.4 mllllon and 1.5 mllllon cials said the new President will have every tional decisions are changed, that w!ll be the trips. The board, In remarks with Its de right to review its international aspects be work of President Nixon. cisions, raised the 1970 estimate to 1.6 million cause the international and domestic route It would set a precedent If President Nixon passages, citing "more recent data." Indus patterns are so closely Interrelated, as the upset any such decision of a preceding Presi try spokesmen generally said they could not CAB has pointed out repeatedly, this could dent, but Wall Street observers feel such a Imagine what those data might be. bring Nixon's influence into the domestic p~ecedent woUld be a healthy one. The C. A. B. observed that traffic to the portion. "We aren't privy to what knowledge the Orient from the Pacific Northwest and Call At issue Is a vast new pattern of lucrative State Department had," one analyst of air fornla had been growing in recent years at airline routes from America throughout the line securities said. "The Japanese had been about 20 per cent a year and intimated that Pacific islands to the Orient and Australia. put on notice that a third carrier might be this rate of growth was expected to continue. Once the pattern ls set, it Is not likely to be allowed to fly to Japan. I don't blame the One industry source commented that while changed much for many years. J ap:mese for kicking, but I don't see why traffic had been growing at a rate of 19 per Thus, the route case ls important not only the State Department had to simply cave cent a year for several years ended In 1967, now but far into the future when Trans in." the 1967-68 growth was less than 10 per cent pacific travel increases with bigger, faster January 23, 1969 CONGRESSIONAL RECORD- SENATE 1687
jets and more affluent travelers who want to to another carrier that already has rights to in which former presidential press secretary range farther from home. fly through Hawaii to the Orient. Or it could Pierre Salinger once served as a vice presi The Transpacific case Is unusual, beyond retain American's right to fly to Hawall but dent. The Board also overruled Park's rec Its size and complexity, because the CAB and designate another terminal In the Pacific to ommendation that Eastern serve Hawall President J ohnson have left an opening that which It must fly before turning around. through Mexico City. It gave that route to gives dissatisfied carriers a point of attack. No matter what the CAB rules, it may be Braniff, which has headquarters in Presi APPARENT SLIPUP faced with a • • • test • • • In a ruling that dent Johnson's home state of Texas, even though Braniff had not actively argued t.uat In an apparent slipup between the Board is the Board's exclusive jurisdiction. and the White House, decisions on American The President has complete and final say It wanted the route. Airline's routes were left unresolved when over international routes. The Board can Former White House aides Walter Jenkins t he case rulings were m ade public. only recommend. But the President has no and Ivan Sinclair are now executives with The Immediate problem started on Nov. 18, aut hority over domestic awards. Braniff. when the CAB recommended to President When he disapproved CAB's recommenda Taking away from Pan American the ad Johnson t hat American • • • part of an tion on American 's Tokyo route, the Presi ditional West Coast gateway cities that the overall revision of trans-Pacific rout es. dent said In the letter to Chairman Crooker: exa miner recommended to lllake it more The CAB, Insiders, say, was reasonably sure "I hope the Board will give consideration to competitive with Northwest. But the Board the President would approve because at least amending the domestic award to American retained the recommendation that North six of his former aides are now associated Airlines so as to enable it to serve Hawaii west, which has headquarters in Vice Presi wit h American. Moreover, Secretary of Com without long-haul restrictions." dent Humphrey's home town of Minneapolis, merce C. R. Smith is a former president of Some carriers, privately, contend that the be given additional interior cities from which American. President's statement can be construed as to fly to the Orient. The Japanese, however, protested strongly interference in the Board's business. Crooker The Board's deliberations over Park's rec to the State Department that Japan did not was obviously embarrassed by It and took ommendations are not on the public rec favor h aving another U.S. airline besides Pan pains to divert charges of Interference. ord. But some clues about the arguments American and Northwest flying to Tokyo. In a dissent to Issuing the domestic phase can be gleaned from the dissents attached rulings, in which he was joined by Mln to the CAB's findings. The Japanese government, which owns ettl, they said: "We are fully cognizant of controlling Interest In Japan Air Lines, did the line of demarcation between the Presi TWO CONCUR TOTALLY not want more competition for JAL. The dent's responsibilities and the Board's .. . Only Crooker and Minettl concurred totally Transpacific route Is by far JAL's biggest In the area of int erstate air transportation, in the final result. Vice Chairman Robert T. money-maker and, In effect, subsidizes other It Is exclusively the Board's . . . we do not Murphy criticized the elimination of TWA routes flown for prestige by the Japanese ffa.g regard the Presiden t's request for further from Tokyo, the principal traffic point in carrier. consideration of American's mainland-Ha the Orient, and pointed out that the route President Johnson, In a letter dated Dec. waii route as an attempt on his part to enter pattern has three carriers flying from Hawaii 17, told t he CAB that "foreign policy consid Into the area of our statutory jurisdiction." to Guam and Okinawa. erations" caused him to disapprove the route John G . Adams agreed with Murphy, con award to American. OPEN TO ACCU SATIONS tending that TWA's experience in Asia made CAU GHT BY SURPRISE American Is also In a ticklish position, for it a more logical choice for Tokyo. But he 1f the Board now gives it a Hawaii route, It agreed with the majority in the selection The CAB, caught by surprise, published Its will be open to accusations of Presidential rulings on the International portions of the of Continental over Eastern for the South favoritism. A spokesman for the airline de Pacific route. case Dec. 19. It withheld Its findings on the clin ed any comment on that point. domestic phase, primarily the covete..l routes Whitney Gilliland dissented from the en The Transportation case, clearly the larg tire decision. He would have chosen Eastern to Hawaii, until it could consider revisions est before the CAB In two decades, opened forced by t he President's disapproval of over Continental for part of the Hawaii in February, 1967 with hearings before ex route. More important, he said, he did not American's Tokyo route. aminer Robert L. Park. Before Park con CAB originally recommended that Ameri cluded the hearings in June that year , 433 agree with the increase in number of car can be permitted to tty to Hawaii and on riers and argued that the same services could witnesses submitted testimony, 18 airlines have been achieved without breaking up the to Tokyo but not to Hawaii and turnaround asked for routes, dozens of municipal au back to the mainland. thorities and other interested par ties pre routes among carriers. The President's action meant that Amer sented their points of view. After the CAB recommendations went to ican could get to Hawaii but couldn't fly Park's recommendations to the CAB were, President Johnson, the White House Intended back. In the main, that: to have its decisions out In time to close the CAB's withholding Its domestic route rul Trans World Airlines became the second case before the new Administration took ings, however, touched off a roar among the U.S. round-the-world carrier, extending its over. carriers. Delta, Western, and National, later service from the U.S. through Hawaii and But there was a miscalculation. Christmas backed partially by Eastern, demanded that Guam to Tokyo and then to join up with and New Year's Day do not count in the 30 the CAB release Its domestic findings Imme its Southeast Asia service In Hong Kong. days for reconsideration, which spilled the diately. Eastern Airlines be put Into competition case over into the Nixon Administration. The They contended that everyone should with Pan American in the South Pacific, fly uproar over splitting the domestic and Inter know all of the findings before they could ing from 11 Eastern and Midwestern cities national decisions and the sudden move to decide what appeals for reconsideration they to Hawaii without passing through the Cali repair that threw the case even further Into could make to the Board. This, in turn, fornia gateways. Eastern would be permitted the new Administration. touched off an argument within the Board. to fly beyond Hawaii to Tahiti, Samoa, Fiji, Most airlines will wait until the Jan. 24 LEFr UP IN AIR New Zealand, and Australia. deadline to file their petitions for recon sideration. But many have already given Chairman Crooker and member G. Joseph Pan American, serving the Orient through Minetti argued that the American route Hawaii, be given a great circle route through indications of what they plan to do. question should be settled before the do Alaska to Japan. Northwest, flying to J apan American says it will definitely ask that mestic findings were published. But they over the great circle, would be granted a the confusion over its Hawa11 run be re lost and the Board voted to issue domestic Hawaii-Central Pacific route to Asia. These solved. A spokesman said it has not decided decisions J an. 4, leaving American still up awards would put the two carriers in direct whether to ask the Board to recommend a in the air. competition. new ruling on the Hawa11-Japan segment to United Airlines, already flying the Cali the new President. CAB also set Jan. 24, four days after Mr. fornia-Hawaii route, be given 12 Eastern and TWA says It has not decided whether to Nixon's Inauguration, as the deadline for re Midwestern cities from which It could fly file a petition. But a spokesman said that ceiving petitions for reconsideration in both to Hawaii non-stop. Western Airlines would with President Nixon having a shot at the the International and domestic phases of the get two new routes to Hawaii from Western question, they find the situation case. For 10 days after that, the Board will cities and from Anchorage, Alaska. receive counter-arguments and then m ake its "interesting." The CAB, while accepting many of Park's TO ASK RECONSIDERATION decision. basic principles for a new route pattern, The CAB Is confronted with a t least four drastically revised his recommended car Delta which got nothing, says it will ask alternatives, with pressures coming from riers. The major changes Included: for reconsideration on the domestic phase, all over to rejigger the whole route pattern Taking TWA out of Tokyo and giving it a to Hawaii, and possibly in the International, it has established. rout e from Hong Kong through Taiwan and to Japan, which it originally wanted. One Is simply to take away American's Ha Okinawa to Guam and Hawaii-a route the Eastern, which also got nothing, will peti waii route altoget her and rule the case Board admitted is weak. One member called tion for reconsideration on both phases, hop closed. A second would give American the It anemic. The Hawaii-Japan segment, the ing to get into Hawaii and on to the South right to fly to Hawaii and back to the main most profitable In the Pacific, was given Pacific. land. to American, represented by President John Pan American says it will definitely appeal MORE TROUBLESOME son's ex-aides. the domestic decision, seeking authority to The two others are more troublesome for Taking the South Paciflc route from fly from interior U.S. cities to Hawa11 and the Board. It could give the American route Eastern and giving it to Continental, a line beyond, as Northwest will be permitted to do. 1688 CONGRESSIONAL RECORD- SENATE January 23, 1969 It may also seek reconsideration on the inter prohibited by law anyway, but did not for area, including Dulles and Friendship, national phase. ever bar himself from doing airline busi Northwest says It is satisfied and probably ness In private life. would help relieve the situation. I testi will not petition on the international runs Here, then, Is a delicate conflict-of-Interest fied at the opening session to urge CAB but hasn't decided on the domestic phase. question. If Pierson does now represent TWA, action to bring about a greater use of United spokesmen had no comment on his work in the White House on the Trans Dulles. There was hope in the beginning their plans. pacific case wm be considered suspect, prob that the CAB could bring about an in Branlfl' says lt ls "extremely pleased" but ably unfairly. Moreover, if the Transpacific formal agreement among the airlines to has not decided whether to appeal for more. case is reopened by Mr. NIXon, there will be shift some of their flights to Dulles, but Continental also said It is "very pleased" but whispered questions about whether Pierson that has not come to pass. It now ap will ask. !or more terminal cities on the main as TWA's Washington counsel 1s completely land from which to fly to Hawail and the keeping out of intra.firm discussions of this pears that if this investigation is to South Pacific. vital case. produce any meaningful results, the CAB Western appeared happiest of all. It put Actually Call!ano, McPherson, and Pierson will have to hold time-consuming, formal out a press release last week saying lt was are the more being suspect of the rainmaker hearings before amending any existing "elated" with its awards. syndrome. Most airlines seek out political op airline certificates to require that serv erators. The airlines with the highest per ice to Washington be furnished through (From the Washington Post, Jan. 22, 1969] centage of such rainmakers-Braniff, Conti Dulles. NIXON LoOKING AT AIRLINES' HIRING OF nental, and American-won highly lucrative Many Senators will recall the con INFLUENTIAL GOVERNMENT AIDES routes from the highly political CAB. These gested conditions at major airports in the (By Rowland Evans and Robert Novak) three airlines had been given absolutely nothing in new routes by the CAB exainlner's eastern portion of the Nation last sum Clouds of suspicion overhandging the half recommendation made after months of hear mer. That situation prompted the Fed b1llion-dollar Transpacific air route case will ings and deliberations. eral Aviation Administration to propose increase if the aide to former President John The CAB Increased Braniff's route mileage rules to curtail use of certain designated son who worked on the case becomes, as now by 200 per cent in the Transpacific case and seems probable, Washington lawyer for an high-density airports, including Wash the concunent Caribbean-South America ington National. I appeared at the FAA airline that benefited from the case. case. LBJ cronies Troy Post and Jimmy Ling W. DeVier Pierson, Mr. Johnson's staffer in control Braniff; the company's payrolls In hearing, too, with the suggestion that the stormy case, is a well-regarded young clude LBJ insiders Walter Jenkins and Cliff greater use of Dulles would help relieve Oklahoman with a spotless record as assistant Carter. some of the problem at National. The White House counsel. He would not be The list of rainmakers tor other airlines FAA's proposed regulations have created breaking any conflict-of-interest statute by benefitting from the CAB decision after be a considerable controversy and there has working for the airline, and the ethical con ing ignored by the exainlner reads like a siderations are foggy. been no positive action on the National who's who of the Great Society. LBJ Inti situation from this quarter to date. Yet, a regulator quickly joining the well mate Warren Woodward is a vice president paid ranks of the regulated typifies the syn of American; ex-Johnson aides Horace Busby I have said repeatedly that the exist drome of regulated industries generally and and Jake Jacobsen are on American's pay ence of the two federally owned airports the aviation industry in particular. Depend roll. Continental is represented in Washing in the vicinity of the Nation's Capital ing on favorable Government decisions for ton by Secretary of Defense Clark Clifford's with such an imbalance of traffic as there their very survival, airlines hire men of law firm; LBJ insider Lloyd Hand ls closely is between National and Dulles defies any political infiuence--"rainmakers" in the in connected with Continental. dustry's jargon. logical explanation. The most recent These Democratic rainmakers may well be figures available show that more than 9 Coincidence or not, companies with the considerably less effective in Mr. Nixon's heaviest concentration of rainmakers won Washington, but politically astute airline million passengers utilized National dur handsome prizes in the Transpacific case. companies have Republican rainmakers as ing the first 11 months of 1968 compared Thus, weeks before his Inauguration, well. That's one reason why Mr. Nixon, as he with only 1.6 million at Dulles. President Nixon was looking quietly and considers his inherited Transpacific mess, Mr. President, again I regret the delay closely at not only the Transpacific case may decide the whole potentially corruptive Mr. Humphrey experienced. I regret de (which he must now review) , but also at system needs immediate reform. the whole regulat ory process and its rain lay for any air traveler. Congestion at maker syndrome. airports is a growing national problem, At stake In that case are new air routes but there is less excuse for it here than to Hawa!! and beyond to the Orient worth DELAYS AT WASHINGTON NA perhaps at any other major city, and I $500 Inlll!on in annual revenue. In an indus TIONAL AIRPORT hope the responsible Federal agencies try where m ore companies are ailing than Mr. SPONG. Mr. President, according will find a prompt solution to this in healthy, the Transpacific case's final outcome to the Washington Post this morning, tolerable situation. could mean life or death to some airlines. Since the case opened June 15, 1965, airline the former Vice President, Mr. Hum Mr. BYRD of West Virginia. Mr. Pres payrolls have been loaded with rainmakers. phrey, was delayed 3 hours leaving ident, I suggest the absence of a quorum. Indeed, the Industry late last year was Washington National Airport Tuesday. The PRESIDING OFFICER. The clerk reaching into t he White House so deeply that As a result, he had to cancel some of his will call the roll. some key aides barred themselves from re schedule in Cleveland so he would not be The bill clerk proceeded to call the roll. viewing International aspects of the Civil late for a speaking engagement. Mr. BYRD of West Virginia. Mr. Pres Aeronautics Board's (CAB ) decision-the The experience prompted Mr. Hum ident, I ask unanimous consent that the President's const it utional responsibility in the case. phrey to describe the situation a t Wash order for the quorum call be rescinded. Joseph Califano, Mr. Johnson's general ington National as almost intolerable. He The PRESIDING OFFICER. Without handyman, disqualified himself because he told a Cleveland press conference, ac objection, it is so ordered. was joining a law firm representing Braniff cording to the Post, that the airport here International in Washington. So did White is trying to do a job too large for its House Counsel Harry McPherson, who is size and facilities. The news report says SPOTLIGHT ON SENATOR MARGA joining a Washington law firm representing Mr. Humphrey said something would RET CHASE SMITH Northwest Airlines. The job was handled have to be done to move more traffic to Mr. AIKEN. Mr. President, I hold in entirely by McPherson's deputy : DeVler Dulles International Airport. He said he my hand a small, attractive magazine Pierson. thought it was a shame that Dulles, By the fall of 1968, prior to Mr. Johnson's called "City East, a Magazine for New decision In the Transpacific case, airlines which represents a great investment of Yorkers." were also eyeing Pierson for post-Govern taxpayers' dollars, was used so little. One section of this magazine is called ment legal service. But, Pierson told us, he Mr. President, while I regret any in "Senatorial Spotlight." This month it refused to talk to anybody until after Presi convenience Mr. Humphrey may have features a biography-or a little more dent Johnson's decisions were announced experienced, I am pleased that he has than a biography, a very complimentary Dec. 19. called attention again to the congestion article-on Senator MARGARET CHASE Since then, he has been sounded out by that exists at National Airport and the SMITH, of Maine. I ask unanimous con Continental Airlines, which fared very well need to shift a greater amount of Na sent that the article entitled "Senatorial indeed in the Transpacific case. However, he tional's traffic to Dulles. is more likely to join a Washington law firm Spotlight," written by George Douth, and representing Trans World Airlines (which Approximately 18 months ago the Civil published in City East for January 1969, did fairly well in the case) and handle the Aeronautics Board initiated an investi be printed in the RECORD. TWA account there. Pierson told us he gation of congestion at Washington Na There being no objection, the article would not represent any airline in connec tional to determine whether a greater was ordered to be printed in the RECORD, tion with the Transpacific case, which is use of the airports in the Washington as follows: January 23, 1969 CONGRESSIONAL RECORD- SENATE 1689
SENATORIAL SPOTLIGHT as nominee. The General did poorly. He did o! the Cordlner Committee that drafted the 1968 pay act contlnned her report. (By George Douth) not have his facts in hand, and Senator Smith did. Adroit In handling documented • RESEARCH AND DEVELOPMENT CAPABILITY Senator Margaret Chase Smith h86 always data, imperturbable and precise, she formu spoken out in the councils o! the Senate !or In Senator Sinith's judgment, during the lated questions that cut through to the Johnson Administration, there has been a the· strongest possible national de!ens&- very bone, and the General soon was caught and !or a finn foreign policy to inatch it. serious deteriorat ion of the strength o! our with his feathers down. In fact, the record national security and defense resulting from As ranking Republican on the Space Com of the hearing looked so bad when it got mittee, the Armed Services Committee, its a destructive two-fold policy and theory of back to the Air Force that it was given what (a) cost effectiveness and (b) scaling down Preparedness Investigating Subcommittee the White House called "clarification" for and its Central Intelligence Subcommittee; our mll!tary capability toward nothing more the permanent record. Clarified O'Donnell than parity with Russia on the theory that third rianking on the Appropriations Com was a far cry from the confused O'Donnell mittee and second ranking on its Department such parity would result in stalemate and of the hearing. that stalemate would result in peace. The o! Defense Subcommittee, she exercises an Altogether, Mrs. Smith thought the nomi influence over the whole range o! national disastrous results o! this pollcy and theory nation was an unconscionable business, and are evident from our weakened position defense. No other woman has ever equaled other senators agreed with her when it her position o! power in the United States around the world. reached the Senate floor, Stewart's promo The Senator has cautioned against any Senate. tion was not approved, although it was As a member o! a subcommittee on con narrow and shortsighted emphasis on any backed by a resounding majority o! the single defense system. Instead she urged em gested areas o! the Committee on Naval Af Armed Services Committee. fairs in the House or Representatives. she phasis on priority !or research and develop Stewart's promotion came up again and ment because she is convinced that the fore traveled throughout the country in 1943 to this time he had done his training. Senator find the cause o! bottlenecks in the Navy's most power and leadership will be achieved Smith voted in his favor-but only after not by that nation which possesses the great war effort. It is one of the very few 1! not the the Pentagon assured her that, in the event only subcommittee that earned a Presiden est resources, natural, Inilitary or industrial, o! active duty, Stewart would be in publlc but rather by the nation which possesses the tial Unit Citation, which was given to it by relations and not !n the other more criti President Franklin D. Roosevelt. greatest research and development capability. cal job. The Senator has stressed that the space When the long, hard months o! subcom Senator Smith bas served as a Lieutenant Inittee work were over Mrs. Smith found her program is not merely a race to beat Russia Colonel in the Air Force ReServe. As the ac to landing a man on the moon. It is not only self deeply committed to the cause o! better knowledged Champion o! Reserve legislation ing national defense. The absorbing interest a moon program. Instead, !t is designed for in Congress, she has been cited !or her serv the security o! our country, the exploration has continued ever since. She served on the ice by the Air Reserve Association, the Na House Naval Affairs and Armed Services Com o! our universe, and the various spin-off tional Guard Association and the Reserve benefits that now-not just tomorrow-pro mittees unto her election to the Senate in Affairs Association. 1948. vide !or improvement in our health and en MORALE OF THE MILITARY joyment o! daily living. THE ARMED FORCES AND RESERVE AJTAIBS According to the Senator, Pentagon poli Margaret Chase Smith, daughter of George She has been a pioneer in some important cies on the Reserve since mid-December 1964 Emery and Carrie (Murry) Chase, was born legislative landmarks !or the Reserve and have resulted in undermining and weaken in Skowhegan, Maine, December 14, 1897. She she takes more pride 1n these pioneering ing the Reserve. The attempt to push the il attended Skowhegan public schools and achievements than 1n banner headline bat legal proposed merger o! the Reserve and graduated from Skowhegan high school in tles won. National Guard-without leg!slat!on--EXTENSIONS OF REMARKS CONSUMER EDUCATION IN THE elude two from the affluent area west of I am reminded of a remark that New York SCHOOLS Rock Creek Park. Traffic Couunissioner Wylie made at his final press conference upon his retirement. He was asked whether he had any answer to Man HON. JOSEPH D. TYDINGS CONGRESSMAN OTTINGER DIS hattan's traffic congestion. He thought for a while and then said , yes he did, and he OF MARYLANll CUSSES "CHALLENGE FOR TODAY: A LIVABLE CITY" thought maybe it was the only answer. IN THE SENATE OF THE UNITED STATES "Make all the north-south streets one way going north and in 24 hours it would be Thursday, January 23, 1969 HON. THADDEUS J. DULSKI Westchester's problem." Mr. TYDINGS. Mr. President, the Dis OF NEW YORK As a Westchester representative, I can't say I'm too enthusiastic about that Idea, but trict of Columbia school system, in co IN THE HOUSE OF REPRESENTATIVES operation with the neighborhood legal I do recognize a strong element of truth in it. Wednesday, January 22, 1969 The answer to urban and suburban traffic services program of the Office of Eco congestion is to get the cars off the city nomic Opportunity, is innovating a con Mr. DULSKI. Mr. Speaker, the first streets and the only way to do that is to sumer education program which I feel anniversary meeting of the New York offer people a better way to get around. should serve as an example to be fol State Association of City Councils was Every local official recognizes this and lowed by other communities across the held last weekend in my home city of would give high priority to mass transit if Nation. Buffalo, N.Y. he could. The basis of the program is a law As a former member of Buffalo's com But the local official has relatively little course being offered to the elementary mon council, I am well acquainted with power under the present system and is de and junior high students in the 30 pendent upon the mercies of the state. the problems faced by our cities today, In 1967, we New Yorkers authorized a $2'!:, schools in the District. The course, "You and I am very much interested in the b1111on transportation bond issue which was and the Law-Rights and Responsibili success of this organization. Together, to be the panacea for our transportation ties," is designed to teach youngsters the through this organization, members of problems. Today, two years later, we've made rudiments of the law so that they will the city council of our cities in the Em virtually no progress, and what we have know when creditors are taking advan pire State may be able to help each other done has been going in the wrong direction. tage of them. The children, in turn, will and, at the samE> time, to work collec Of the $523 m1lllon in bonds and notes that have sufficient background in credit buy tively to deal with these problems. have been issued, 90 per cent has gone for ing to be able to give advice when their The new State association is restricted new highways. Barely 10 per cent has been committed to the kind of mass transporta parents purchase goods on credit. to cities outside Metropolitan New York tion that is really needed by the new urban An article describing the program ap City of 30 ,000 or more population. suburban c1v1lizatton we live in today, and peared in the January 7 edition of the One of the main speakers at the Buf almost all of that has gone to make up the Washington, D.C. News. I would like to falo meeting was my colleague, the gen deficit without improving service on the fast share it with my colleagues, and there tleman from New York (Mr. OTTINGER ) . deteriorating Long Island Railroad. fore ask unanimous consent that it be Following is the text of his remarks: From every corner of the State, citizens printed in the RECORD. CHALLENGE FOR TODAY : A "LIVEABLE" CrTY are protesting against the depredations of new highways. Here in Buffalo, it is the Ken There being no objection, the article (Address by Congressman RICHARD L. OTTIN was ordered to be printed in the RECORD, more Expressway. In my own district, it is GER before the New York State Association the Hudson River Expressway. I know there as follows: of City Councils, Buffalo, N.Y., January 17, 1969) are citizens who have a suspicion that the CHILDREN To LEARN LAW To HELP PARENTS State's answer to difficult problems is to pave D.C. schools and Neighborhood Legal Serv I am pleased and honored to Join with you them! But the State officials who have the ices wm try to keep Washington parents from at this first anniversary meeting of the New authority are not listening, are not re being gyped in credit buying and home pur York State Association of City councils. Your sponsive to the real needs. chases by giving their children a basic course membership h as one of the most challeng This attitude that "big brother knows ing-and, potentially, one of the most legis best" is reflected in almost every State pro in law. lative responslblllties in the country today. Lawyers and school officials hope the 1,500 gram affecting our cities. The formation of this Association 1s a wel elementary and junior high students in 80 come advance toward strengthening the role In 1968, Governor Rockefeller introduced schools who take the "You and the Law of local officials in meeting the great new his proposal for dealing with the problem of Rights and Responsiblllties" course will re challenges of urban-and suburban-Amer our inner cities. What he called for was not member what they have learned when their ica today. a program of State aid to help our cities act parents decide to buy a house or a car. Juve The constituency you represent now com to resolve their own individual and unique nile and family law as well as Constitutional prises the overwhelming majority of our peo core city problems. No. He called for an Ur safeguards also will be covered. ple---and our n ational problems. To a very ban Development Corporation with the power The law program is scheduled to start in great extent, the future of this country ts to condemn private or municipal property February and March with Neighborhood going to depend on our effectiveness in re and then bu1ld what ever the corporation Legal Services lawyers supervising what is to solving these problems and creating a live thinks is a necessary project for the city. Of be taught. able and economically viable economy. course, local officials can participate in hear Beginning today teachers are undergoing It is my conviction that an essential ings and present plans. modifications and two days of orientation for the course. ingredient in any resolution wm be to alternatives, but any of you who have par A similar program has been carried on strengthen and enlarge the powers and the ticipated in Transportation Department Informally for three years in 11 Southeast respons1b1l!t1es of the people who are most hearings know how effective that is. sixth grade classes by Dr. Katherine Nutter responsive to the needs of our urban popu We are trying to approach the problems of v1lle, an 80-year-old VISTA voluteer assigned lation, the local officials. This ts the reason the new urban-suburban society with gov to Neighborhood Legal Services. that I am so enthusiastic about the forma ernmental tools designed for a world we have The expanded law course has no specl.fic tion ot this A..csociation and the role it can left behind. The answer is not to grant un curriculum, said Mrs. Irene Rich, program play. limited powers to the State. The State must coordinator. If it is successful, parents, Let's take a simple problem: transporta be held to strict standards which w111 assure teachers and students may write a permanent tion. If the metropolitan complex is going full participation in planning and execution curriculum over the summer, she said. to work it needs a fast, efficient system for of projects to the officials who are directly Under the pilot program, each class wm moving people around. responsive to the people who m 3.ke up our pick a problem people in its neighborhood A modern highway system is essential to a new social structure; to give a meaningful wm face and learn how to solve it. "For ex strong and growing national economy, but say to the m ayors and managers, the council ample it might be how to buy a television," experience and reason both combine to prove men, aldermen and supervisors-and through Mrs. Rich said. that automobiles and highways aren't the adequate hearing provisions, to the people The 30 schools carrying the program in- answer to the city's transportation problem. affected. There must also be adequate pro-