5752 CO-NGRESSIONAL RECORD-SENATE MAY 13 12. John M. Vorys. 3. Estes Kefauver. ALASKA 13. Alvin F. Weichel. 4. . Albert. Gore ~ Delegate · 14. Walter B. -Huber. 5. Joe L. Evin.s. E. L. Bartlett.· 15. P. w. Grimths. ·6. J. Percy Priest. HAW AU 7. 16. Henderson H. Carson. Wirt Courtney. Delegate 17. J. Harry McGregor. 8. Tom Murray. 18. Earl R. Lewis. 9. Jere Cooper. Joseph R. Fatrington. 19. Michael J. Kirwan. 10. Clifford Davis. PUERTO RICO 20. Michael A. Feighan. TEXAS Resident Commissioner 21. Robert Crosser. 1. Wright Patman. A. Fern6s-Isern. 22. Frances P. Bolton. 2. J. M. . Combs. At large 3. Lindley Be'ckworth. George H. Bender. 4. Sam Rayburn, . , · 5. J. Frank·Wilson. SENATE 1. Geo. B. Schwabe. 6. Olin E. Teague. 2. William G. ·Stigler. 7. Tom Pickett. THURSDAY, MAY 13, 1948 8. Albert Thomas. 3. .

1948 CONGRESSIONAL RECORD~SENATE 5755 the provisions of the Reconstruction Finance vided between now and 4 o'clock, and any States wanted to reserve t0 themselves the Corporation Act, as amended, shall not be time taken except on the conference re­ method of choosing Pre&idential electors. subject to the restrictions or limitations of port should be with the consent of the However, for many -years the electors' have this section upon loans secured by real been chosen in all the States by popular vote; estate.'" Senator from Florida [Mr. HoLLAND] and indeed most voters do not even know the And the House agree to the same. the Senator from Oregon [Mr. MoRsE]. names of the electors, merely voting for the C. DoUGLASS BUCK, Mr. LODGE. Mr. President, a parlia­ Presidential candidate himself. The point is, HOMER E. CAPEHART, mentary inquiry. _ the electoral college is an anachronism and BURNET R. MA YBANK, -The PRESIDENT pro tempore. The has no real function any more. Furthermore, J, W; FuLBRIGHT, Senator will state it. it can occasionally be a means of frustrating l'r1an agers on t he Part of the Senate. Mr. LOOOE. So long as the Senate the popular will. This year, for example, Vir­ JESSE P. WoLc'OTT, is considering the conference report, the ginia may use the old device of the electoral RALPH _A. GAMBLE, division of-time does not apply, does it? college to help prevent President Truman JOHN -C. KUNKEL, The PRESIDENT pro tempore. ·The from receiving the vote of that State. even . HENRY 0. TALLE, though .the voters might favor him . BRENT SPENCE, time is charged against both sides, in Though the proposed constitutional amend- PAUL BROWN, proportion. · , ment will accomplish nothing startling, it WRIGHT PATMAN, Mr. LQDGE. Evenly? will remove a small obstacle in the path of Managers on the Part of the House. Th~ PRESIDENT pro tempore. No; it a more complet e democracy. The ch:.\nces of is not divided evenly, because the division abolishing the electoral college now seem Mr. BUCK. Mr. President, I move in the time itself is 7 to L brighter than ever before. that the report be agreed to. Mr. LODGE. I should like tb. ask Mr. FLANDERS. )l!r. President, I un1mimous consent to insert some 'ma­ [From the Boston (Mass.) Post of May 5, should like to ask some questions about terial in the RECORD, ~948] . the report. Does the conference report The PRESIDENT pro tempore. The _ "VOTING REFORM" , include the provision for a secondary Senator could be recognized on the con­ Perhaps with the fiasco in the Presidential mortgage market in RFC? ference report to do anything he pleased. delegate voting in Massachusetts last week Mr. BUCK~ It does. The Chair was merely indicating what in mind Senator HENRY CABOT ·LODGE has Mr. FL..-'\NDERS. Since title II of the the general matter of fair play suggested. asked the· Senate Judiciary -- committee for · housing bill, S. 866, which is in the House Mr. LODGE. I ask recognition, then. early action on the proposal to amend the Constitution to abolis~ the Electoral College . <>{Representatives at the moment, con­ . The PRESIDENT pro tempore. The Senator from Massachusetts. A similar bil1 has been_.· approved by the tains an entire title devoted to that sub­ House Judiciary Committee and is now before ject, will the inclusion of the provision COUN'l'ING OF ELECTORAL. VOTES the Rules Committee. in the RFC extension bill interfere with Mr. LODGE. Mr. President, I ask The new measure provides that, in elect­ the consideration bY the House of the unanimous consent to have printed in ing a President and Vice President, the elec­ similar provision of Senate bill 866? · toral -vote of each State -shall be counted for the RECORD an editorial from the Worces­ the cand~dates in proportion to the popular . Mr. BUCK. I cannot answer that ter Gazette and one from the Boston vote they receive. Under -the present system quest ion for the Senator, but insofar as Post, both dealing with the subject mat­ a State's whole electoral vote goes -to the I know, I should not think it would. I ter of Senate Joint Resolution 200·, which Presidential candida~e receiving' a majority can see no connection between.., the two. is the propo&al to amend the Constitu­ of the votes, which in effect throws the mi­ Mr. FLAND~S . . I am wondering if tion so that the electoral vote ·will be nority vote of that State into the discard. a statement such as this would be sub­ counted in proportion to the popular vote Through this system a President is sometimes elected without receivi;ng a majority vote of stantially correct: Using the colloqUial in selecting the President and Vice _the whole country. term "Fannie May," which has been ap- President. · !he elect9r-a1 college was one of the few _plied to this provision in the RFC meas­ There being no objection, the editorials ·failures put into the . Constitution by the ure, the "Fannie May" is contained in were ordered to be printed in the RECORD, original. framers of that great document. the RFC extension bill in order to pre- · as follows: They had assumed that through this process vent' the lapse of secondary mortgage op­ [From the Worcester (Mass.) Gazette of. a group of men of high character with no erations by the Government, but it does May- 5, · 1948] · party bias would be chosen to elect the Presi­ nqt dent. But it never worked out that way, even preclude the possibility of the pass­ "FOR ELECTORAL REFORM" from the very beginning. age of title II of s. 866 and· the estab­ The United States has never hesitated to lishment of the Federal Home Mortgage ·abolish outworn prOcedures to make democ­ · PRESIDENTIAL ILL HEALTH . Corporation provided for therein. 'It rat(y more workable. Senators, who used to Mr. LODGE. Then, Mr. President, I .merely continues the "Fannie May" op- be elected by the States' legislat~es. are now should-like to have some other editorials eration until such time as the House can elected by popular vote. The la~e-duck inserted which relate to the fact that 1 act on S. 866. Congress was abolished · by constitutional twice within recent years the· President Mr. BUCK. Mr. President, I would amendme.nt. Women were given the right . to vote. of the United States has been in very say to the distingUished Senator from Now a proposal which has been cropping up poor health, and the fact of his ill health ' Vermont. that the understanding of the for years ha.S reached a stage wher-e· its adop­ has had a very marked effect on national House conferees was that this proYision tion becomes a. real possibility. This is the policy. I do not think it is seriously ..would carry on in the RFC Act until and · move to abolish the electoral coll~ge 1n Presi­ doubted, for example, that if President unless they could get.a similar provision dential elections and have Presidents elected Wilson had been in his normal good written in the Housing Act, and if a sec­ by popular vote. A b111 providing .for a con­ health, compromises would have been ondary market was provided in the Hous­ stitutional amendment to this effect has reached that wo-uld have resulted in the ing Act, then the similar provisionin_the passed the judiciary committees of both House and Senate and can reasonably be United States entering the League of Na­ RFC Extension Act would be repealed. expected to come to a vote in a short time. tions. It also occurs to me that had Mr. FLANDERS. Mr. President, I of- Proposed by Senator LoDGE, it does not abolish President Roosevelt been in good health fer no objection. · the electoral vote of the States but merely the arrangements made at Yalta might · Mr. LODGE. Mr. President--. divides it 1n proportion to the vote given have been altogether different. · The PRESIDENT pro tempore. Is each candidate. At present a State's entire electoral vote goes to one candidate. This matter I have called to the at­ there further debate on the confere~ce This_amendment, if passed, will accom­ tention of the Commission on Reorgan­ report? . plish one basic purpose. It will eliminate the ization of the Executive Branch. I have Mr. LODGE. Mr. .President, is it in possibllity of a man's receiving the majority also received a letter from Mr. Ernest H. order now to insert material in the of the ·popular vote and falling to be elected Wilkins, former president of Oberlin . RECORD? President. Such a situation has happened College, on t};le subject. It is very brief, The PRESIDENT pro- tempore. The only very infrequently in our history, the and it will take me just a few seconds Senator can be recognized, under the worst being the Hayes-Tilden election of 1876. However, that 1t has happened at all to .read it. He says: order' fof anything he wishes. The indicates a flaw in the present system. 177 HOMER · STREET, Chair would like to say to the Senate The electoral college was set up _by the Newton Center, Mass., May 3, 1948. that it is proceeding under a unanimous founding fathers because at that time few DEAR SENATOR LODGE : In connection With consent agreement, with the time di- Stat es had a popular vote and because the your sound idea of providing substitution in 5756 CONGRESSIONAL RECORD-SENATE MAY 13 a case of Presid~ntial · incapacitation, you President lives and is incapable of perform­ Hoover Commission studying the executive may be interest~d to know that President ing his tasks? · branch to consider means for protecting the Wilson toward the end of his life, once said The question is not an academic one. A public interest in the event of Presidents be­ to Senator Theodore E. Burton: "I wish I President is a human being, and mortals are ing incapacitated by illness. We make bold ~ad accepted the Senate reservations.". often bedridden in their later years. Presi­ to suggest, however, that this may turn out Senator Burton told me this about 20 years dents are seldom young men. to be a tough assignment, having in mind the ago, soon after I became president of Oberlin The surprising thing is that the tragedy case of the late Franklin D. Roosevelt. College, of which he was a trustee. has occurred only once in American history. For at least a year and a half before his I do not know just when the remark was President Wilson lay helpless for months death the late President was -grogressively made by p_·esident Wilson, but it seems to while government in ·the executive branch failing. The. correspondents who visited him me to suggest that if he had kept his health, more or less took care of itself. The "per­ regularly could see it. Many visitors saw it. or had been replaced by an acting executive hapses" that cannot be entirely overlooked. The public got a sugges'tion of it in photo­ in sound health, we might, though be­ If Wilson had remained in the full possession graphs and movies. But, nonetheless, latedly, have entered the League. of his very grel').t mental powers, he might throughout. the whole final decline Dr. Ross Yours sincerely, have achieved the wisdom necessary to con­ T. Mcintire, the White House physician, in­ ERNEST H. WILKINS, sent to compromise on the League of Na­ sisted that Mr. Roosevelt was in excellent Presid~nt Emeritus of Oberlin College. tions issue. Perhaps 'we would not have had health. Within a year of his death when the Second World War. there· were visible signs of failing, the physi­ Mr. President, I ask unanimous consent This is .pure speculation, but what follows cian told newspapermen that the President that various editorials on this subject of is not. One mental and physical incapacita­ was in unusually good-physical condition for the health of Presidents be printed in tion in over 150 years is less than the law of a man of his years. Unfortunately, Dr. Mc­ averages calls for. Sooner or later that law the RECORD at this point . . Intire maintained this same position after will catch up with us. It might be wise to the President's death. Since there was no There being no objection, the editorials answer Senator LoDGE's question now. autopsy, there is v-o way of checking his were ordered to be printed in the RECORD, judgment. The bedside judgment of the as follows: [From the Worcester (Mass.) Telegram of cause-of death was cerebral hemorrhage, but [From the Fall River (Mass.) Herald News May 5, 1948] this might have been induced by one of a of May 5, 1948] SICK PRESIDENTS number of organic maladies. WHEN PRESIDENTS FALL •ILL One can well understand that there was The dispute between President Woodrow every reason for Dr. Mcintire, a personal. Any grammar-school .. pupil can· tell you · Wilson and Senator Henry Cabot Lodge, of friend of the late President, to skip lightly who succeeds to the Presidency of the United Massachusetts,- was bitter and was never over any signs of weakness he may have de­ States when an elecwd President dies. But, settled. President Wilson wanted the United tected in the Chief E'xecutive;s health. The neither he nor his father nor his grand­ States to enter 'the League unconditionally, Nation .was at war. Enemy governments father can tell you what steps could legally Senator Lodge wanted us to join with reser­ might make much of the disclosure of some be taken under existing laws to safeguard vations. Neither one would yield, and so we threatened disaster to the American Presi­ the public interest if a President insisted on stayed out. 1· dent's health. Again, during much of this retaining office after he had become too ill An echo of the old fight is now heard. period the President was running for reelec­ to administer its duties. Senator HENRY CABOT LODGE, JR., grandson tion. Opponents, desperate for arguments Probably most of us have never thought of the famous reservationist, says that he against him, coul

1948 CONGRESSIONAL RECORD--;SENATE 5757 ORDER OF BUSINESS of the United States, from the State of Mary­ of the Constitution, then why should the land, for the term of 6 years, commencing young man, whose rights are being taken The PRESIDENT pro tempore. The on the 3d day of January 1947, and 1s en­ away and who is being virtually enslaved, pay q4estion is on the adoption of the confer- titled to be seated as such. any attention to it? ence report. "' · As I have said before, if Congress wants Mr. IVES. Mr. President-- The PRESIDENT pro tempore. The to institute universal m111tary training. that Mr. WHERRY. Mr. President, a par­ resolution will go to the calendar. is one thing and then there is no discrimina­ liamentary inquiry. SPECIAL COMMEMORATIVE STAMP tion for all are required to serve, but the measure now being considered is absolutely The PRESIDENT pro tempore. The Mr. IVES. Mr. President, I ask unthinkable and can do nothing but tear Senator will state it. unanimous consent to submit a· report down all respect of the youth ·of this country Mr. WHERRY. · The regular order can from the Committee on Post Office and for their Government. If we are to have be asked for, can it not, and the Senate Civil Service which ·approves Senate dictatorship, then why resist it? can return to consideration of the con­ Joint Resolution 210, to authorize the I served in the First World War, and my ference report, which is the immediate issuance of a stamp commemorative of son enlisted at 17 and served in the second business before the Senate? one. I certainly am, and always have been, the golden anniversary of the consolida:. in favor of adequate defense for this coun­ The PRESIDENT pro tempore. The tion of the boroughs of Manhattan, try, but. in peacetime it certainly should be Chair would think so. Bronx, Brooklyn, Queens, and Richmond, provided through either universal military Mr. WHERRY. Mr. President, I ask which boroughs now comprise New York training or preferably through a voluntary unanimous consent that the Senate pro­ City, and I submit a report , as follows: our Constitution a boy would be absolutely of the report of the committee of con­ Resolved, That HERBERT R. O'CoNoR 1s justified in refusing to serve. If Congress ference on the disagreeing votes of the hereby (l.eclared to be a duly elected Senator refuses to pay any attention to the mandates two Houses on the amendment of the ·5758 CONGRESSIONAL RECORD-SENATE MAY 13 House to the bill

5762 · CONGRESSIONAL RECORD-SENATE MAY 13 . That is from United States v. Curtiss­ Mr. COOPER. Assuming that ap­ understood. I have · taken the position ,, Wright Export Corp. (299 U. S. 304). proval is essential-two questions are from the very beginning that the Fed­ In contrast to the pesition taken by the raised-the question of the legal effect eral Government has no power in the Senator from Oregon, the position of the of such an amendment and the policy field of local tax-supported schools and Senate Committee on the Judiciary when effect of such an amendment. Spealcing for that reason we cannot impose any it approved the legislation providing for to the first question, I would say that as restriction of any kind upon the action the compact, and of its chairman, is as the law stands today, under the decisions of the States. A moment or two ago the follows: of the Supreme Court, it is my opinion, Senator asked me a question, based upon Flrst. There are cases where the con­ and here I differ with the Senator from an assumption that it is essential to have sent of Congress is imperatively neces­ Oregon that the adoption of the amend­ approval, if then the amendment pro­ sary when compacts are entered into ment does not change the existing law. posed by the Senator from Oregon would between States. I do not argue now the merit of a deci­ be effective? I say that if we assume Second. When such is the case, the sion but it is true that the Supreme Court the essentiality of approval, then we Congress may impose conditions; if such has not said that there shall be no segre­ assume that the Federal Government has conditions are appropriate to the sub­ gation in schools. Unless the Court power in the control of local schools. ject and such conditions do not trans­ should. reverse its decision, then I would If we go so far as to say that the Fed­ gress· constitutionallimit~tions. say that the amendment, even if it is eral Government has such power, then, I should like to ask the Senator from accepted, would not be effective, of course, Congress can impose the re­ Kentuclcy · another question, because I Mr. WILEY. I am glad to have that striction proposed by the Senator from appreciate his fine mind. He has heard statement. Oregon. me say several times, quoting the distin­ Mr. COOPER. I want to say to the Mr. WILEY. The Senator has not guished former Chief Justice Hughes, distinguished Senator that I have not answered my question. I am asking him that in those cases·where congressional changed my position one iota from the whether or not he personally feels that approval is essential, conditions can be statement I made on Monday. under these circumstances it would be imposed if the conditions are appropri­ Mr. WILEY. I do not think the Sen­ appropriate to attach such conditions. ate, and if they do not transgress any ator has. Mr. COOPER. Assuming that consent constitutional limitations. That is the Mr. COOPER. I have taken the posi­ is essential. basis for question No. 1. Assuming it to tion all the way through that in this case Mr. WILEY. Yes . . be essentiai to secure the consent of . there is no essentiality in that there is Mr. COOPER. The Senator has asked Congress in the present case, would the no invasion of Federal power. Therefore me a very difficult question. I tried to Senator from Kentucky say that the the approval is not necessary, and any discuss it in my argument the other day. Morse conditions are appropriate? amendments which are offered cannot in I must come back to the fundamental Mr. COOPER. Mr. President, .if it were any way bind the States. position which I hold, that I do not be­ assumed that it is essential in the pres­ Mr. WILEY. From the last statement lieve that the Federal Government ent case to have congressional approval, of the Senator I understand clearly that should interfere in the control of schools. which I do not admit, the amendment he and r agree on this point, that where I oppose the centralization of power in offered by the Senator from Oregon it can be said approval is not essential, the Federal Government for that pur­ would be entirely appropriate and could no conditions can be imposed by the pose. Upon that basis I have said that be imposed by this body. Federal Government. Does the Senator when adjustments are made in the field Mr. WILEY. The entire amendment? agree to that statement? of segregation and other controversial Mr. COOPER. I would say that if it Mr. COOPER. I have so stated several fields, I think they will come about as is deemed that it is essential to have times. the result of progressive interpretation congressional approval of the compact it Mr. WILEY. That is fine. of the law by the courts, action by the can only be upon the ground that there I was speaking of the position of the States, and action by the Congress in is an invasion of Federal power, and, majority of the Senate Judiciary Com­ proper fields. For that reason, I do not that being true, the Congress could im­ mittee, including myself, that there are · believe that the attachment of such an pose . any condition it desired. I again cases in which the consent of Congress amendment to this measure is _proper. say that this demonstrates the weakness is imperatively necessary when compacts Mr. WILEY. I thank the Senator. I of the position; you must admit if you are entered into between the States. believe that he and I now agree on prac­ oppose the Morse amendment that there When such is the case, the Congress may tically every angle of the case before us. is not any essentiality for the approval impose conditions which are appropriate So the statements of the distinguished by Congress. to the subject if such conditions do not Senator from Oregon do not gibe with Mr. WILEY. May I continue the in­ transgress constitutional limitations. the conclusion which I have just stated. quiry just a little bit further? .We have I did not quite get the idea of the assumed for the sake of the argument, .Senator fr.om Kentucky. Assuming . We were discussing the position of the again that congressional consent is es­ Senator from Wisconsin as chairman of which is entirely different from the state­ the Judiciary Committee, and the posi­ ment of the Senator from Kentucky and sential, and that under such circum­ tion of the majority of the committee. the Senator from Oregon, that consent stances the Congress has the authority is essential. · · to impose conditions which are appro­ We have taken the position that there priate if they do not transgress consti­ are cases in which· the consent of Con­ Mr. MORSE. Mr. President, will the gress is imperatively necessary when Senator yield? tutional limitations, the first question, compacts are entered into between the Mr. WILEY. I yield. · that of appropriateness, calls for judg­ ment. The S'enator might say that one States. When such is the case, Con­ Mr. MORSE. I do not understand gress may impose conditions if such con..: that statement. I could not hear it all. thing was appropriate, and I might say I want to be sure the Senator was quot­ that another thing was appropriate. ditions are appropriate to the .subject ing me accurately, if he was quoting me. Therefore it is a question in the indi­ and do not transgress constitutional Mr. WILEY. I made the statement vidual case as to what would be appro­ limitations. several times that the Senator from priate, because Congress does not have We have just received the answer of Oregon and the Senator from Kentucky to impose conditions. It may impose · the distinguished Senator from Ken- . have agreed in relation to the particu­ them. The point I was getting at was tucky, to the effect that he does not be­ lar compact pending before the Senate, this: In the judgment of the Senator lieve that such conditions are appro­ it is not essential to have the consent of from Kentucky, assuming that consent is priate to the subject, even if we assume the Congress. essential, would he say that it would be that it is essential to have the consent of Mr. MORSE. That is correct. appropriate to impose such conditions? Congress. Mr. WILEY. Very well. Nc;JW, I wanted Mr. COOPER. Mr. President, I think I am glad to see that the distinguished to ask the Senator from Kentucky a we are getting into a rather involved Senator from Oregon is in the Chamber. question. Assuming that it is essential, legal discussion. If he had been present earlier I would does the Senator see any reason for im­ Mr. WILEY. No; this is a question of have been very happy to ask him a few posing such conditions as tbe Senator fact. questions. I shall carry on. from Oregon would impose? That goes · Mr. COOPER. · I do not want the sta;te­ Mr. MORSE. I am at the Senato.r's· to the wo_Pd "may" used by the Court. ment which I previously made to be mis- service .

. 1948 CONGRESSIONAL RECORD-SENATE 5763 Mr. WILEY. There is no . question should not approve the compact, because we on the commtttee are studying. No about that. I know· of no other Sena­ such approval is riot necessary; but, in one. 'favors lynching or murder; but we tor so fecund of expression and versa­ the second place, even though the' Sen­ have a problem there, too, and it is now tile of intellect, or with such a wonder­ ator contends that such approval may before the Judiciary Committee, and the ful smile as that of the Senator from be unnecessary, he attempts to impose Judiciary Committee is going to tal{e Oregon. conditions. Such an attempt is a com..­ time enough to know what it is doing. Mr. MORSE. I thank the Senator. plete contradiction of his claim that Mr. President, I have stated time and Mr. WILEY. There are cases, as ex­ con-gressional approval is unnecessary, time again that I do not favor educa­ emplified by approval of the Congress of because conditions can be imposed only tional segregation. I am opposed to mob a compact a week ago between Wiscon­ if it is absolutely necessary and essen­ action which deprives any citizen pf his sin, Michigan, and Minnesota where, tial that the consent of Congress be constitutional rights. ·But I am also in under all the facts, it is advisa;ble to given in the first place. favor of the Constitution, because it has ' approve the compact, but it is not ab­ Mr. President, it is extremely disap­ made this country the greatest land in solutely essential to have approval. pointing to me to find it necessary to dis­ the world. There is a vast difference; when we re­ agree with distinguished Senators, par­ A few moments ago, when I first took tw·n to the original language of the ticularly Senators of my own party, the the floor, I made some remarks in refer­ Constitution and see what it means. Republican Party, which throughout its ence to the statements made yesterday Personally I have no fear of the con­ history has been a champion ot civil by the Senator from Illinois [Mr. LucAs], sequences in this case. I think we must · rights, both on this particular issue and whom I am glad to see on the floor of the prove ourselves mice or men. The sug­ on all other issues. The Republican Senate at this time. My remarks were gestion of my dear friend from Oregon Party has championed the right of men in relation to the displaced-persons bill. that he would insist on attaching all the of all races, creeds, and colors to equality Mr. President, why do millions of people civil-:rights amendments does not bother under law. Mr. President, the phrase wish to come to this country? Is it be­ me at all. They have no place in this "equality under law" is a magnificent cause our country is not a desirable place discussion, and they would simply be one. But.because of so much misunder­ or is it because it is the best country on brought in as an impediment or barrier standing as to what constitutes civil earth, where liberty eXists, where men in the solution of a very important so­ rights and because of the loose thinking live to the full? Of course, it is true, cial and educational problem. that is occurring and the propaganda Mr. President, that ·in many respects we The facts and the equities in this case that is being disseminated to groups of have not progressed as far as we wish make it advisable to have the approval all kinds, we have rather forgotten and to, but we are making progress, and we of the Federal Government. I have gone , overlooked the great values which ·we shall continue to-do so if we do not derail into those facts. I discussed them at have in this country. That d·oes not the train. length when I first took the floor 3 days mean that we cannot evolve through the . Mr. President, I assure my colleagues · ago, and I shall not restate them. The years. It does mean, however, that we that it would be very easy for me to go facts should be made apparent to every­ shall evolve only if and when the indi­ along with some of my friends, Senators one who has eyes to see and ears to hear. vidual himself evolves. "Work out your representing Northern· States, for the Sometimes in the serious discussion of own salvation" was the mandate of the supposed· purpose of protecting the problems which we are called upon to Master; and nations grow strong and American Negro population; I assure solve we should recharge our batteries correct their inherent faults only by the the Senate that it is difllcult to disagree with humor. work of individuais. with my colleagues; but I take my stand In such a case as .indicated by Judge The other day the Senator from North in behalf of full respect for the Consti­ Hughes, no conditions can be imposed, Dakota [Mr. LANGER] mentioned on the tution. As I see it, I can do nothing because ·consent .is not essential. In floor of the Senate . the fa.ct that the else. cases in which consent is essential-and students at the University of Texas have ·My good · friend, the Senator from I am stating my conclusions and the con­ objected to segregation. Ah, Mr. Presi­ Oregon, has referred to the committee clusion of the majority of the commit­ dent, there is a light in the darkness. hearings. I wish all Senators would ex­ tee-when it is essential to have Federal Then why do not the citizens of Texas amine the hearings. lf they do, they Government· consent, the courts have amend their constitution? But we are a will find that the colored people whoop­ held that the Federal Government may government of majorities, and our Fed­ posed this measure took up three­ impose conditions. Therefore in this eral Government is separate and dis­ fourths of the record at the hearings. instance the Senate must decide; first, tinct, in the sense that we have 48 Com­ They will also :find that the lawyers whether consent is essential; and if it monwealths with powers which have representing the colored people were is essential, then whether it"is desirable never been delegated to the Federal Gov­ given every opportunity to file briefs. to impose the . Morse conditions. Both ernment. As I have pointed out, the They will further find that the brief and the Senator from Oregon' and the Sen­ Federal Government has only the powers the a~gument which have been presented ator from Kentucky, as well as other which have been given to it by the States. to us by the Senator from Oregon, as I Senators, say that consent is not essen­ I refer to domestic powers and those said at the beginning of my remarks, are tial. Other Senators say that it might . necessary to put into operation such based upon the material the c·olored peo­ be. Therefore, is there any reason why powers. ple presented at the hearings; and Sena­ we should hesitate to perform a func­ So, Mr. President, I have hope; but I tors will also find that the ·AttorneY tion which we have performed 116 times am not ready, simply because there is a General, through his Assistant Attorney before, and which we performed only thief on the train, to put a block on the General, gave his opinion to the com­ last week? track and wreck the entire train. I mittee. That opinion is in the record, If the Senate find$ that consent is might get the thief in that way, but I despite what the Senator from Oregon essential, and it decides to impose con­ would also hurt a great many other per­ has said to the contrary. The opinion ditions, the right and nature of those sons. So I am not ready, in the natne of will be found at page 58 of the commit­ conditions are limited by whether or not civil rights, to interfere with what the tee hearings. It is signed by Peyton such conditions are appropriate to the Senator from Kentucky calls the con- · Ford, Assistant to the Attorney General. subject and whether or not such con­ stitutional rights of the States of the Mr. Pres~dent, I have taken a great ditions transgress constitutional limita­ Union-and I agree with him. deal more time than I had expected to tions. I have repeated that statement In my previous remarks I referred to · take. I agree that under the decisions · so often because there is a great deal of the point that once a camel gets his nose there is a question as to the need for con­ confusion on the issue. My conclusion is under· the tent it is not long before he gressional approval, but I say there is no that the conditions suggested by the Sen­ gets· his whole anatomy under it. Simi­ question that it is advisable. Since we ator from Oregon are neither appro­ larly, Mr: President, the next thing we have approved one compact which re­ priate nor constitutional; and that is the know some of us from the North might lates only to boundary lines between the conclusion of the Senator from Ken­ find ourselves confronted with a bureau States of Wisconsin, Minnesota, and tucky, as it stands on the RECORD. in Washington in comparison with which Michigan-and there is a vast difference We are confronted with a -situation in · the FBI would be only a drop in the between that compact and the one we which, in the first place, the Senator bucket. The same issue arises in con­ are now ·considering, the details of which from Oregon contends that Congress nection with the antilynching law which I have already gone into-then there is

, 5764 CONGRESSIONAL RECORD-SENATE MAY 13 - no reason in the world why the Senate consideration of this particular . subject becoll).e quite involved in legal, technical should not approve the compact ' now they wrote into the Constitution Ian'- discw;sion. It i~ not my purpose: to fur­ before us, and especially so when we con­ guag·e saying to the States, ~n- substance, ther cloud the issue by an involved dis­ sider the fact that 9. out· of 10 of the "You cannot go ahead and make agree- cussion of legal points. I propose to other compacts the Congress has ap­ ments between and among yourselves. speak for 10 minutes, . and in that time proved fall in the same category, the You cannot make compacts.'' to discuss as clearly and succinctly as group of compacts for which approval It is agreed by all authorities. that possible the grounds upon which I base has l:;leen regarded as advisable. "compacts" is a wider,· a more extensive my opposition to the adoption of the res­ In the quotation I read from Willis on . term than "treaty.'' That provision was elution, a..nd my support of the motion Constitutional Law, Mr. President, he written into the Constitution· as a matter to recommit offered by the junior Senator said: of self-protection, in order that a dis- from Oregon. As to ·matters of this sort-- integrating process should not come into In the first place, I oppose adoption of being. It was provided that a compact the resolution upon legal and constitu­ Referring to compacts- must be approved by Congress. Follow- tional grounds-upon the ground that the United States can have no interest and ing through the years, an att~mpt was there is no necessity ·for approval of the . concern. made by the courts to ascertain what the compact by Col)gress. As I. said a few He intimates that in ·such cases ap• real intent was, which resulted in con- · moments. ago, in colloquy with the dis­ proval is not necessary. The words "in­ flicting precedents. Authorities from tinguished Senator from Wisconsin, I be­ terest and concern" are words · of wide one university said, "The language means~ lieve· there· are three. sources of legal meaning and import. Within the last just what it says." One court wrote authority for the determination of this week or so the Senate has demonstrated into its opinion an· obiter dictum, saying, matter. · its interest in education by passing a bill "It applies only to political matters." One is the section of the Constitution providing for $300,000,000 for aid to edu­ But not so Judge Story. A man of pro- which applies to this subject, namely, cation. Why was that done? It was found learning, he wrote his commen- section 10 of article I. The· second done because it was clearly demonstrated taries as soon as possible after this coun- source of authority is the series of cases that the Government had an interest in try came into its own as a constitutional - which have been decided upon the point that matter because during the last world Republic. From the language which ap- ·by the Supreme Court of the United war 1,200,000 of our -young men were · pears at several places in the record, it States. The·· third is found in the com­ found deficient in education and. were is very clear that there is a distinction pacts which have heretofore been ap­ found not to have the equivalent of a between cases in which· consent' is nee- proved by the Congress. Th~se, to my fourth-grade education, and as a result e·ssary and cases in which consent is , mind, are the only sources of legal au­ were rejected for service. Does the Gov­ merely appropriate or advisable. It is thority which can lead the Congress to ernment have an interest? Yes. How­ further clear, I repeat, that, if necessary a determination....., of the question of its ever, that interest does not become pri­ and essential, thEm only such conditions authority and power to · approve the mary in the sense that it· can militate may be imposed as are aP.propriate and compact. I now say, in opposition to against the underlying right of the State are not violative of constitutional limi- . the very able argument whkh has been . to determine its educational policy. But tations. . . made by· my good friend from Wisconsin the Government has by its own act Yes, Mr. President, on the question of· [Mr. WILEY], that a study of these three shown its interest, and that is therefore interest and concern, I say the Federal sources of authority leaves no doubt that an added reason for saying that approval Government has an interest and con- Congress is only required to approve a of the compact under consideration cern in this matter in aiding the 15 or compact if it proposes in some way to should be found unnecessary but ad­ 16 States to expand public education. invade a field of Federal authority. Ap­ visable. It is an additional reason for The Federal Government should also be plying that test to this situation, we can not agreeing to the motion made by the interested to see that, every time some reach only· one conclusion. The pro­ Senator from Oregon to refer the joint constructive )egislation is presented to ponents and ·the opponents of the reso­ resolution to the committee. the Congress, Congress is not swayed by lution agree upon one point, namely, Again, on the question of interest, I synthetic thinking on irrelevant issues. that the field of State tax-supported repeat with the lawyers from the South, Let it not be swayed from a right course education is the peculiar prerogative of that with 16 States, comprising one-third by the injection into this case of the so- the States. I can think of no States in of the United States, represented, the called civil-rights issue, and, Mr. Presi- the Union which would more jealously Government had better have an interest . dent, using quoted language, that is a or more zealously protect and defend and a concern. mighty big ''interest ~and concern." that prerogative than would the very I am happy to restate what I think At the start my dominant purpose in States whlch· are now asking Cmigress was the conclusion of the distinguished asking congressional approval of - the to approve this compact. The powers of Senator. Certainly the conditions found compact was .to fulfill my obligation as the States and of the Federal Govern­ in the amendment offered by the Senator a Senator- of the United States. On the ment have been separated. The Su­ from Oregon are very inappropriate. · In other -hand, I respectfully submit that · preme Court of the United States has the first place, they violate the constitu­ the position taken by the Senator from said again and again that the field of tions of the various contracting States Oregon is, first, to abandon the right education falls within those powers with respect to a subject the Senator of Congress to approve compacts in im- separated to the States. That being admits is within the jurisdiction of those portant fields when necessary or advis- true, when States propose to establish States, namely, education. That being · able; and, second, in the eY:nt he is or maintain schools, I think it follows so, the language proposed transgresses unable to weaken the Constitution along logically that they are not attempting the constitutional limitations upon the that line, he would absolutely violate the .to invade any field of the Federal Gov­ power of the Federal Government to in­ Constitution by asking the Federal Gov- ernment. Upon that test it seems to me ject itself into strictly State affairs. ernment to impose its judgment in a to be clear that there is no necessity for As I stated before, this is another in­ field in which the State jurisdiction is approval of the compact; and if there is stance of the wisdom of the founding unquestioned. · no necessity for such approval, then fathers. Let us consider the geographic For the above reasons, Mr. President, there certainly is no authority for the situation that existed in the days when I believe the Senate should reject the Congress to approve this compact. ­ the fathers drafted the provision and· motion to refer House Joint Resolution The inconsistency of the position of wrote it with living letters into our Con­ 334; and should thereafter give its ap- the proponents was very clearly demon­ stitution. Thirteen States, 13 common­ proval to. the compact. strated yesterday in the exchange be- wealths-aye, more, 13 nations, were Mr. MORSE. Mr. President, I yield 10 tween the distinguished Senator from asserting their independence, they were minutes of o.ur time to the Senator from - New :York [Mr. IvEsJ, who now occupies creating tariff walls; some of them were Kentucky. the chair, and the distinguished Sena­ arming with a view to making war upon The PRESIDING OFFICER. The · tor from Utah [Mr. THOMAS]. They ar­ the others. All at once, the wisdom of Senat'or from Kentucky is recognized for gued at some length over the details of the fathers, the wisdom of Washington, 10 minutes. an amendment to this compact which Hamilton, Madison, and others, brought Mr. COOPER. Mr. President, it seems had been offered by the distinguished into being the Constitution. In their to me that the course of the debate has Senator from New York, when both had 1948 . CONGRESSIONAL 'RECORD-SENATE· 5765 or would admit that Congress could not there - auld. be no· ·consent: Is· that that the Federal Government has -the in the first instance limit .the pewer of correct? power to interfere in the field of local, • the States in the field of education. · Mr. COOPER. Yes. State-suppo:r;ted educational institutions. A second inconsistency will appear Mr. WILEY: I say that if there ever There is a trend in this ·country today if the motion of the Senator from Ore­ was a case in which we cannot distin­ toward the centralization of power in the gon [Mr. MORSE] is defeated. If the res­ guish between what the oppo'nents are Federal Government. We have seen the olution is not recommitted, and the contending for, it is this case, because, progressive steps taken in localizing amendment offered by the distinguished while they say it is not essential to have power in the Federal Government. · We Senator from Oregon comes before this consent, they then proceed to say, "But have seen -it in .the interpretation of the body for decision, we shall see the pro­ we can impose conditions." The Sen­ commerce clause, and in the interpreta­ ponents of the . measure, who now say ator from Kentucky has agreed.with me tion of other sections of the Constitution. that there is some power or authority of this afternoon that if consent is not es­ I do not deny or question that some Congress which demands approval of the sential·, we cannot impose conditjons. of the progressive steps that have been compact, take the reverse position, and The Senator from Oregon has quoted au­ taken were needed, but I do oppose the they will say that Congress has abso­ thorities on both sides of . the question. extension of any Federal power in the lutely no authority in the field of local He has· been very free about that. He field of State tax-supported education. or State tax-supported education. The has quoted reports from Yale University It has been chiefly upon that ground that argument inconsistent with that now ad­ interpreting the constitutional provision I have opposed the approval of the com­ vanced for approval of the_compact will to the effect that the language means pact, and that I oppose any of the be made upon every amendment which just what it .says and that there is no amendments which are offered. is proposed to the compact, if the mo­ leeway. Then he quotes decisions to the I should like to speak for a moment­ tion to recommit is not agreed to. effect that there are cases in which the and then I shall close-upon the ques­ Mr. President, I now want to turn my consent of Congress is not needed. Then tion raised about civil rights. The PRESIDING OFFICER . . The attention to the ~rgument of my dis­ he says there are other cases in which tinguished friend from Wisconsin [Mr. consent is needed, and that we can im­ Senator's time has expired. WILEY] that the compact should be ap­ pose any condition desired. He forgets Mr. COOPER. May I have 1 minute prov·ed as a matter of advisabi'lity. That the language which says, "unless it is more? is another. way of saying that it shoUld appropriate, or if it does not transgress Mr. MORSE. I yield the Senator 1 be approved as a matter of policy. With constitutional limitations." minute more. all due regard for my very good friend, Mr. President, I thought I had a clear Mr. COOPER. I said Monday that the questions which have been raised in this I canna~ · remember that in his argument understanding with the distinguished he stated :Whether he believed that the Senator from Kentucky as to his position. debate will probably be raised again when . compact legally required the approval of Do I correctly understand that he means the civil rights matters are presented Congress. to reve'rse what he said this afternoon? directly. to the Senate, and when they . Mr. WILEY. . Mr. PresideiJt. will the · The PRESIDING OFFICER. Is the are presented, so far as I am concerned Senator yield? Senator from · Kentucky speaking on his I .intend to consider them in the light of Mr. COOPER. I yield. own time, or on the time of the Senator their constitutionality under present de­ from Wisconsin. cisions of the Court, or under a reason­ Mr. WILEY. Again we come to a ques­ able interpretation of the Constitution. tion of definition of terms. The Senator Mr. MORSE. I shall be glad to yield time to him. I believe always that inequalities and used the word "reqUired,'' in the sense of injustices can orlly be corrected in legal being mandatory. If we read the lan­ Mr. HOLLAND. Mr. President, I yield time to the Senator from Wisconsin. and constitutional ways. I will not vote· guage of the amendment in the Con­ for political measures. The law and,the stitution and read the articles written by The PRESIDING OFFICER. The Sen­ the professor of Yale · UniversitY., and ator from Kentucky has 3 minutes re­ Constitution are always the protectors of other · articles submitted by the distin­ maining in which to conclude his re­ individual liberties and rights. The chief guished ·Senator from Oregon, we shall marks. matter for the determination of this body find that there is a disagreement · as to ··Mr. COOPER. I have not reversed or in respect to the pending resolution re­ changed my position at any time during lates to the preservation of the division whether all compacts are required to have of powers between the States and the consent. It will be found that there are this argument. I want to pass from the only certain compacts which require con- very short discussion of my position on Federal Government, and particularly in sent. · the iegal aspects of the subject to the the field of local education. Mr. MORSE. Mr. President, will the question raised by the distinguished Sen­ Mr. HOLLAND. Mr. President, in my Senator yield for a parliamentary pur­ ator from ·Wisconsin concerning the ad­ opinion the subject before the Senate pose? visability of approving this compact. has been fully debated, and temperately, He bases his, argument in part upon the and I shall .continue to debate it tem­ Mr. WILEY. I yield. perately,· and in the hope that I may Mr. MORSE. I should like -to have an necessity of ~pproval of the compact to . aid a particular school, ~eharry College. bring out some things which have not understanding with the Senator that the I pofnted out in my argument a . few been mentioned, or which have not been time he is consuming shall be taken from days ago thM Congress could confer no mentioned as fully as I should like to his time and not from our time. power on the States which they did not have them considered by the Members Mr. WILEY. I supposed I should -be already possess under their own laws. of the Seriate. kind· enough to answer the Senator from If they possess the power under law to In the first place, I call attention to Kentucky [Mr. COOPER]. appropriate and help the school which the fact that any action referring the The PRESIDING OFFICER (Mr. IVES has been so often referred to, as well as House joint resolution to the Senate in the chair). One minute has already other schools, they can appropriate Committee ori the Judiciary cannot be been used by the Senator from Wiscon­ money and help them without the ap­ construed in the favorable light of the sin out of the time of the Senator from proval of Congress. If they do not pos­ Congress having decided that no au­ Kentucky. sess the po\ver, Congress cannot supply thority exists in it or no necessity exists Mr. WILEY. Mr. President, I shall be the deficiency. I would like to see this for the submission to it of this particular very brief. :I am sure that in my inter­ school aided and believe that the States compact, for the giving of its consent. rogation of the Senator-- have the right to enter into a compact to That follows from two .facts, first, that . Mr. HOLLAND. Mr. President, I yield aid without our approval. . I do not be­ the House of Representatives passed on to the Senator from Wisconsin whatever lieve that my objection made to the ap­ the question; and I hope Senators have time may be necessary to answer the proval of the compact is simply a tech­ read the a;rguments made in the House, · statement of the Senator from Kentucky. I· nical or'legalistic argument. I oppose it particularly by three Members of the Mr. WILEY. I want to get· back to as a matter of policy, as my distinguished House, Representative MARCANTONIO, the position which the Senator has taken · friend the senior Senator from Wiscon­ Repre:Sentative IsAcsoN, and Representa­ in his statement, which, in my opinion, sin supports it as a matter of policy. I tive PowELL. The same questions were is simply that if and when it is not man­ oppose it because I believe it is bad policy raised, .and the House has decided-and datorily required that consent be had, for the Coi;lgress to suggest . or assume certainly it has as much authority to XCIV--364

' 5766 . · CONGRESSIONAL RECORD-SENATE MAY 13 deeide this question as has the Senate .question has been injected by ose who tion upon their findings by a large ma­ of the United States-that 1t should ap­ oppose the pending measure as a prin­ jority of the Gommittee on the Judiciary, prove the compact, and it ~as done so by cipal issue, it by no means should be so but I call attention to the fact that this • a vote, as I recall, of about 5 to 1. considered, because the full develop­ precise matter was referred to the At­ Likewise, when the matter has come to, ment of the educational opportunities torney General, and that the opinion of the fioor of the Senate for debate, while of the white youth of the South are in­ the Assistant to the Attorney General, there is one Senator, the distinguished volved, and that involves a great many Mr. Peyton Ford, as printed in the report junior Senator from Kentucky [Mr. more citizens, in number, and the op­ of the committee to accompany the Sen­ COOPER], who has taken his stand pecu­ portunity of many more youths, than is ate bill, shows clearly what he and his liarly and solely on the legal question, true with reference to the members of associates found and what he reported to as I have understood him, there are the Negro race, important as the com­ the committee. others who have made it quite apparent pact is to them. Mr. President, the question is, Shall in their arguments that they feel that Coming down to the legal question, I we, who are tied up here in the course of this particular measure should not be · wish briefiy to recite, so that the RECORD debating many, many matters and hear­ approved in its ·present form because can clearly show, these factors: First, ing others before committees, allow our they believe that if and when approved it that an able subcommittee of the Com­ horseback opinions to l)e held as of should carry attached to it a nonsegre- mittee on the Judiciary sat and heard greater weight and of sounder validity gation condition. · · this matter; that this very question, the than the opinion of the Department of I remember in particular the very question of the necessity of the compact Justice of the United States, after a ref­ forceful and firm argument on that point being given the consent of the Congress, erence to the men who serve the Nation made by the· Senator from North Da­ was one of the issues presented to them, there peculiarly in the field of law, and · kota [Mr. LANGER]. Surely he was speak­ and that the able members of the sub­ who have ample time and facilities to ing out of his conViction, if not upon committee, which consisted of the chair­ pursue a subject and to return a sound - his experience, and the Senate will re­ man of the Committee on the Judiciary, and satisfactory opinion which is en­ call that he made it very clear that he the Senator from Wisconsin [Mr. WILEY] titled to great weight? I simply read felt that the only way in which an Amer­ and the former. Solicitor General of the this wording out of the report, from a ican institution of higher learning could United States, the Senator from Rhode letter signed by Mr. Peyton Ford, and I properly be conducted as he saw it under Island [Mr. McGRATHJ---and I think I think the wording is so clear on this point real American and democratic philosophy am not l)etraYing any_secret when I say, that it requires no amplification by me: was not only under a policy of nonseg­ Mr. President, that they entered into . It appears that it is necessary for-the States regation, but that that policy should go this investigation disinclined to support to obtain the consent of the Congress in order down, as he put it, to the very level of the compact-both came out with the that the compact may have validity in nc.:. girls of the two races occuping the same feeling that here was .a compaqt which cordance with article I, section 10, paragraph room while they attended the institu­ required consent, and their positions have 3, of the Constitution. tions of higher learning. been well shown. The position of the Citing. Virginia v. Tennessee 048 U. S. So, Mr. President, we do not have the Senator from Wisconsin has been fully 503 (1893)). ·. favorable situation in which anyone stated in the RECORD, · and I think his The very case, peculiarly, Mr. Presi­ could reasonably argue that the· refusal legal experience and ability entitle his dent and Senators, upon which the dis­ of the Senate to take jurisdiction and to opinion to be considered and heard with tinguished junior Senator trom Ken­ approve this very usefUl, this highly just as much respect as that of any other tucky and the distinguished Senator constructive compact, was an expression Senator in this body. from Oregon have predicated their argu­ of the Congress to the affirmative effect Mr. McKELLAR. 'Mr. President, will ment which comes to the exactly oppo- - tftat it was not necessary or proper for the Senator yield to me? site conclusion, as stated by them, that the Congress. to consider and give its Mr. HOLLAND. I yield to the Senator no consent is necessary. The Assistant consent or its ·disapproval to this par­ from Tennessee. Attorney General of the United States ticular compact. Mr. McKELLAR. Before the Senator found to the other effect; not that it was I think that is one point that is so goes into the legal aspects of the matter, advisable, not that it· was possible, not crystal clear that it must be fully under­ I want to read into the RECORD exactly that it was permissible, but-I r~ad stood at this time 'that the adoption of what the Constitution provides in the again: the motion to refer would not only be latter part of section 10 of article I. I do It appears that it is necessary for the the death knell insofar as the oppor­ not see how the language can be mis­ States to obtain the consent of the Congress tunity of passage of the joint resolution understood, and I wonder if the Senator in order that the compact may have va­ is concerned, but that it would also be knows how it can be misunderstood: lidity- the death knell of any possible construc­ . No State shall, without the consent of Con­ Not security from attack, not the mere tion, on the part of any person whomso­ gress, • • • enter into any agreement or assurance that they can proceed safely, ever, that the Congress of the United compact With another State. but in order that it may have validity, · States had taken a.n amrmative position· 7'bis is a comp~ct between several and therefore be made the basis of any in this matter to the ·effect that it could . States. Why does not the compact come legal procedure or program. not give consent and should not give absolutely within the inhibition of the The third point I want to make is that consent to this particular compact for Constitution? The compact must be ap­ I have consulted the trustees of Meharry the reason that it had no jurisdiction to proved by Congress or consented to by Medical College. Whatever as been said do so, and that there was no necElssity for in the present debate has all been to one it so doing. the Congress. The language is unmis­ takable; it is clear. . We might as well effect with reference to Meharry; that it Mr. President, I intend to speak only disregard everything else contained Jn is a fine institution, that it is carrying briefiy on the legal aspects of the mat­ the Constitution if we disregard this one-half or more of the load of educa­ ter; and I may say, in passing, that I plain language.· It is the plainest lan­ tion of Negro youth in medicine and in_ am sorry there is not a larger number of guagei have ever read: dentistry in this Nation, that it has been Senators present. I . think it is highly· No State shall, withQUt the consent of Con­ created by the gifts of many people and regrettable that, in the hour just ap­ gress, • • • enter into any agreement or foundations for the serving of the mem­ proaching the time when a vote will be compact with another State. bers of the Negro race, and that it is do­ I• . had on this important matter, many Sen­ ing a grand job. Now, just as this com­ ators who have not participated in the Mr. HOLLAND. I thank the Senator pact happened to take substantial form discussions up to this time, and have not from Tennessee, and I think he is ·sound and to be sent h~re by the Governors, an been present during the debate, still re­ in the position which he has taken. offer came from the trustees of Meharry, main away, and must vote without hear­ Continuing with my argument, not backed by the foundations which have ing the arguments on this subject, which only do we have an affirmative holding on been making it possible for Meharry to is of vital importance to an area. of this this matter to the effect that the conserit operate for the last 10 years by paying Nation containing nearly 11,000,000 of Congress is required to the compact by the deficits; and that- offer is that this members of the Negro race, and con­ the two distinguished Senators; th,e·Sen-· institution be turned over to the South­ taining some 35,000,000· white people. ator from Wisconsin and the Senator ern States for operation out of Southern I say to the Senate that while the racial from Rhode Island, and affirmative ac- States' tax moneys because-and I say it 1948 CONGR~SSIONAL RECORD-SENATE 5767 is only-right and just that this should be tion. ;r clo not believe that Senators will in the city of Washington· yesterday on done-because the great majority of the find it possiqle to read any other con­ business before the Board of Tax Ap­ youth who are educated there come from struction into that sentence: peals. I had on.ly a few minutes to dis­ the Southern States. As you know, Meharry must close it doors cuss the subject with him. I find that I have in my hand and I offer for the at the end of the present term unless con­ his research has been great, and that his RECORD a letter from Hon. T. Graham gressional approval is obtained in· such man­ 'conclusion is so strong as to the neces- Hall, chairman of the Board of Trustees ner as not to interfere with the acceptance of . sity of submission to and approval of of Meharry Medical College, a distin­ the institution by the Southern States and this compact by Congress, that· I asked its continuance as a segregated school for him to tarry while I dictated this state­ guished southern citizen who lives at Negroes. Nashville, Tenn., a letter which makes it This is absolutely required in order to pre­ ment of his position from which I shall -. crystal clear that unless the consent of serve the institution for the Negro. If seg­ read. He, with other counsel, had made the Congress is. obtained to the compact regation in favor of the Negro is prohibited, a careful study of the constitutional tragedy will fall upon Meharry College then the Southern States would' be required questions involved. I interpolate that I and upon those 500 students who are now to accept both white and colored students, believe it was possible for' them to make domiciled there and those others who and under present conditions, white students . a much more careful study than it is would completely crowd out Negro applicants possible for any of us to make in the hope to enter there, including students on the basis of individual qualifications. liot only from the Southland but about Surely when this situation is explained to pressure Of a session of Congress-cer­ 36 percent of them, as I recall, from other· Congress, no reasonable person, knowing tainly a more careful study than I have parts of our Nation, and a small per­ these conditions, could insist ·upon congres­ been able to make. centage of them from foreign nations sional consent being so con\}itioned as to It is his strong belief that the consent · where there is no opportunity afforded defeat the only existing opportunity for of Congress to this compact is necessary for members of the Negro race to receive Negro medical and dental .. education ·in. the to its validity, just as stated by the South, and to destroy one of the only two Assistant Attorney General, Mr. Peyton such training. such institutions in the United States. I read the letter for the RECORD so that Sincerely yours, Ford, and that the courts will so hold Senators may realize that a vote to kill T. GRAHAM HALL, when the question reaches them. the compact is a vote to kill Meharry, and Chairman of the Board oj Trustees,· Following the same line of reasoning so that they may be prepared to assume Meharry Medical College. as that stated by the distinguished Sen­ the responsibilit.l for taking such action Mr. President, ·I do not think it is ator from Wisconsin [Mr. WILEY], Chair­ if in their· judgment it should be taken. necessary to mention further the con­ man of the Committee on the Judiciary, It is addressed to me, dated May 8, and 'tents of this letter, which are so clear and during. this debate, Mr . .Sims called my is as follows: · self-explanatory. However, I wish to attention to the fact that under this MY DEAR SENATOR: I am writing you this say for the. benefit of the RECORD a·nd of compact there is. created for the par­ letter in order that there may be no miscon­ Senators who have open minds upon this ticipating States no mere private pro­ ception about the pending proposal of Me- matter and who. want to make the clean, prietary right in other States, but in­ . barry Medical College to the Southern States. wholesome, sound, and just decision..­ stead a greatly extended field of public Meharry Medical College is, and always has gov~rnmental activity through _tJ;re en­ been, operated exclusively for members of and I believe that includes all Members of this body_:_that Meharry has survived largement and extension of a well rec­ the Negro race. All of its property and its pgnized governmental function, that of endowment is held in trust for the -exclusive as one of seven institutions which were benefit of the Negro race, and the pending attempted in this field by the South. It public education, over which the States offer to convert this institution to a regional was singled out by the great foundations have exclusive control within their own basis is expressly conditioned UP.On the agree­ which had an interest in the Negro youth boundaries. ment of the Southern States to continue the of the southland and of all the Nation, Under this compact- institution on its present ·standard and ex­ to be enlarged and made into a fine in­ clusively for the benefit of members of tlie Mr. Sims says- Negro race. strumentality for the service of the Negro each participating State will be obligated youth. ·It is the only such institution in to supply money raised by State taxation Mr. President, there could not be any the South. It has been singled out and t~ a regi9nal board of control, to be spent, clearer language than that. But I con­ supported for the past 10 years by such in the discretion of that regional board of tinue: foundations as the General Education control, in the operation of a joint govern­ Under these circumstances, if the consent Board-th.e Rockefeller Foundation----the mental institution located in another State of Congress to the southern compact is con­ Carnegie Foundation, and the Russell beyond the reach of its courts, beyond the ditioned upon, or in any way restricted, so Sage Foundation, because it offered the reach of its executive action. · The admin­ as to prevent the operation of Meharry under istrative agency spending its tax ·money and unique opportunity through which this administering the institution will be com­ the compact as an institution segregated for great service could be rendered. the exclusive benefit of Negroes, our proposal posed of representatives of all the participat- ._ to the Southern States could not be accepted, Mr. President, that letter states the ing States, not solely its own representatives. since we are wholly without authority to turn attitude of Meharry College. I come The joint operation will be for the benefit over the property or the income from endow­ now, in the discussion of the legal ques­ not solely of its own youth, but equally ment in the absence of a binding legal obliga­ tion, to another phase of the subject. I for the youth of the other States participat­ tion from the Southern States requiring the hope Senat.ors will ·listen. I would very ing. The employment of personnel, the continuance of Meharry as an institution de­ greatly appreciate the courtesy of Sen­ payment of salaries, the maintenance of voted exclusively to members of the Negro ators in listening to this statement, be­ discipUne, the granting of degrees, and the race. establishment and carrying out of policies cause I think this is a vital question to essentially governmental in character, will I hope Senators will listen to the next the youth of their own States and to the all be through joint machinery created by sentence, particularly Senators who are cause of education in the Nation. It is all the States, drawing its authority from considering assuming the responsibility inconceivable to me that the subject is each of them. · ·unworthy at least of attention on the for sounding the death-knell of Meharry, This is the conclusion of his statement: and of the opportunity to members of the part of ·Members of the Senate. Negro race which is involved in its con­ I discuss now briefly the question of How can it be said that such a pro!!edure tinued operation. whether or not this compact on regional does not clearly enlarge and also place on education in the South Was in the an extraterritorial basis the scope of the As you know, Meharry must close its doors governmental activities and functions of at ·the end of the present term unless con­ opinion of the attorneys who advised each of the affected States in the field of gressional approval is obtained in such man­ Meharry, who advised· the boards, and ~ducation? ner as not to interfere with the acceptance who advised. the Southern Governors, of the institution by the Southern States one which required the consent of Con­ In addition to that point, Mr. Sims and its continuance as a segregated school gress under section 10 of article I of the called attention to another fact. I my­ for Negroes. Constitution. . self had mentioned this before ! _had seen I reread that sentence because it is so It so happens that 'Mr. Cecil Sims, one him. I remember that in a co)loquy the clear and affirmative, and its makes it so of the fine attorneys of the South, whose other day I mentio~ed the point that plain that the college will perish unless home is at Nashville, whose record and there is a case of first impression made Congress gives its cons.ent, without the reputation.speak for themselves, and who here, not only because th-e field of joint inclusion of any condition of nonsegrega- is one of the best lawyers we have, was education is entered, put also because for 5768 CONG-RESSIONAL RECORD-S:ENATE MAY 13 the first time an organization is created tl)is set-up there was no question in the fessor at Harvard Law School, and he covering such a large part of the Na­ world-that an enlargement of the pres­ ·wrote the article in conjunction with the tion, including 15 .States, an organiza­ ent activity in·education by the various then dean of the Harvard Law School, tion created under .a compact· by the States was certainly accomplished . by Mr. Landis. · specific terms of which there might easily this set-up, and that. as to every State I shall not attempt to read all of what operate machinery under which one participating in a given institution, it is said in the article; but I point out State participating in a particular ven­ would be an extraterritorial activity, ex­ that ·on pages 694 and 695 of the Yale ture might not even be contiguous to the cept in the case of the one State within Law Journal, volume 34, will be found other States which were operating in the whose boundaries the particular institu­ the article to which I advert. I shall same venture. In the colloquy the other tion would be set up. Mr. Sims ·called read one paragraph from the text and day I mentioned the possibility, fdr ex­ attention to that fact as coming from a one from the notes.- I t]J.ink they would ample, of States such as. Florida and student of the law whose opinions are cause any reasop.able lawyer who was West Virginia, both of which have min­ entitled to great respect, and he referred considering the question of whether a eral interests, working together under to it as one of the things that had caused client who came to him for advice should the compact in the establishment of a him great concern. in such a case insist upon obtaining the school of mines. At the present time He also told me, let me say briefly, consent of Congress, to decide in the af­ there is no such school in the Southland. about. a reported court case in New York. ftrmative, and to decide that he could I mentioned another possibility under I shall give the citation. Anyone who not possibly approve the set up without the compact. Mr. Sims mentioned it, wishes to ascertain the details of that having such a submission made and and stated that · it had always caused case should read it. I am frank to state without haVing- an affirmative finding him much concern. Under the coin­ that I have not had an opportunity to by the Congress in the matter-in other pact not every State of the 15 will neces­ 'read it. It is to be found in Miscella­ words, a decision by Congress that it sarily participate in the entire venture. neous Reports of New York, volume 115, would give consent to the compact. The compact provides, as did the Con­ page 351. · As I have said, I have not had I shall not read all of the historical stitution of the United States when it an opportunity to-read it. It is the case references at-the beginning of the article, was first suggested back in 1787, that a of City of New York against Wilcox. In but I begin with a paragraph near the smaller number than the total may come that case the question presented-as I bottom. of page 694: in, the requirement being that the com­ understand from Mr. Sims; and again Historicaily the consent of Qongress, as a pact shall not be effective until at least I state that I have not read the case­ prerequisite to the validity of agreements 6 States, through their legislatures; have was one of the validity of a compact be­ by States, appears as the republican trans­ given it their approval. It might tween the States of New Jersey and New formation of the needed approval by the ~ easily be possible, in fact it is both pos­ York with respect to the setting up of a . Crown. sible and probable, that coming under joint harbor commission or authority Previously he had shown that the ap­ this compact would be States---and this by which, by the combined personnel. proval by the Crown was called _for would be the case with my own State of furnished by the two States, certain tax when the Colonies had agreements or Florida, in the event that Georgi~ and moneys were to be spent. In that deci­ compacts of this kind. Alabama did not come in-which would sion in which Mr. Sims states there is a I read further : be entirely remote from, and not aq­ careful and full delineation of this whole joining, any other State within the com­ matter and of the questions contained But the Constitution plainly had two very practical objectives in view in conditioning pact. There is a point so completely therein-there is, he said, a recital of the agreement by States upon consent of Con- new and, in the opinion of Mr. Sims, so fact that but for the fact that Congress gress. · completely dangerous that he felt that had been given the chance to pass upon that point alone, even without the ex­ · that compact and but for the furth~r Mr. President, these are not my words; istence of the other point already men­ fact that Congress had consented to. it, these are the words of a gentleman who tioned, r~quired the submission of this the compact would have had to fall, and is now a very distinguished member of compact to the Congress. that such ruling was made by the courts the United States Supreme Court, and Mr. President, I have spoken of the of the State of New York. these are the two questions which he says attitude of counsel in the matter. I my­ I should like to refer to another mat­ were in his mind and are to be kept in self have not had a chance to make any ter which has caused me trouble. 'Be­ mind under this particular provision of particular rese~rch in this connection; fore I do so, I wish to state that Mr. the Constitution, when it is measured obviously that is impossible. I would be Sims says this is a very active question. against the validity of any . particular perfectly willing to let the matter rest He called my attention to the fact that compact: on the basis I have just stated. But Mr. the last. issue of the Law Journal of For only Congress is the appropriate organ Sims, when away from his office, and' Vanderbilt University contained a schol­ . for determining what arrangements between without any authorities available to him, arly article on it, and the last issue of States might fall within the prohibited class was able to· give me references to several the Law Journal of the University of of treaty, alllance, or confederation, . and different cases which he said were among Virginia had another article on it, and what arrangements come within the permis­ those which, in his mind and in the mind it has been an interesting subject, in sive class of agreement or compact. of other eminent counsel, had raised the respect to whi.ch there is great divisi()n I pause to remark-and I think that question tQ such a degree . that they felt of opinion because of the fact that there all Senators who are lawyers know this that. certainly the strongest case was - have been no recent cases and that the is the case-that this particular section made for the requirement of the Consti­ multiplicity of situations which arise of article I of the Constitution com­ tution that compacts of this type, in­ under our complex modern life so greatly pletely prohibits the entering by one cluding this particular compact, should exceeds the matters which. have been State with another into anything which be submitted to the Congress for its ap­ submitted to the courts and have been would be regarded as a treaty, alliance, proval or disapproval. I shall not out­ passed upon by the courts. I call at­ or confederation, but does permit States line all the arguments he mention~d or tention to that point in passing. But to enter into agreements or compacts, all the citations he gave; but one of them here. is one of the things which caused subject to the consent of Congress. is based on a recent article by a profes­ me the gr~atest concern, and I ask Sen­ I read further: sor at the University of Indiana, as set ators who are lawyers to follow this forth in the Indiana Law Journal for matter with particular closeness, since But even the permissive agreements- 1940-41, at page 209. That' article lays I think it involves a poipt which they The first question he has raised is that _· down various constitutional questions cannot pass over lightly, because it in­ there is no authority anywhere except in arising under' compacts; and one which volves a hazard as to what would hap­ the Congress to decide whether a particu­ is mentioned at the bottom of page 209 pen in this particular matter-a hazard lar compact lies within the treaty fl.eld of the article is in the field- · which cannot be ignored, . because this or the compact field. This statement is (4) Of attempting to achieve extrater­ point is raised in a brief ,written by a made by a present member of the Su­ ritoriality. lawyer who is now a distinguished mem­ preme Court of the .United States; and Mr. President, Senators will remember, ber of the United States Supreme Court, again I call attentiob to the fact that - of course, that one of the grounds cited Mr. Justice Frankfurter, but who at the nothing so sweeping has ever been en­ by Mr. Sims was his feeling that under time he wrote the article was a law pro- tered into between States· and has 1948 CONGRESSIONAL RECORD-SENATE 5769 reached the Congress,· even as between first instance is a compact or a treaty, ·I remind the Senator that this ques­ States adjoining one another, much less· and, in the second instance, whether it tion can be raised, not just in one forum, as between States 15 in IlJlmber and com- : is wise in the protection of the interests - not just in one set ef ·courts or system of prising a large part of the Nation, as is . of all the people that such compact shall courts, but in the coy.rts of any of the 15 the case in respect to this compact. be approved. I quote again: States affected as well as in the courts Now his second ,point: The considerations that led the Supreme of the United States. · The distinguished But even the permissive agreements may Court to leave Congress the determination Senator from Illinois, good lawyer as· he · affect the int.erests of -States other than of what constitutes a republican form of is, I know would never even dream· in his those parties to the agreement. The na­ government .as gu~ranteed -by the Constitu- remotest dreams of approving a set-up tional and not merely a regional interest tion- , as uncertain and as indefinite as this may be involved. Therefore, · Congress must Citing various cases- for the investment of , huge sums of exercise national supervision through its power to grant or withhold consent, or to are equally controlling in leaving to Con­ .money used by a private plant, much less grant it under appropriate conditions. The gress to circumscribe the area of agreement for the going through all the intricacies framers thus astutely . created-- - open to the States. of submission to legislatures for the se­ curing of special appropriations,· and This is Mr. Frankfurter speaking- Mr. President, there are some good with the knowledge that each or_any of The framers thus astutely created a mech- lawyers in this body who have been them might be subjected to rigid, dras­ anism of legal control over affairs that are called upon to pass upon serious matters tic legal, tests on this ground, namely, projected beyond state lines and yet may affecting investments, affecting impor­ . that the States hav'e not asked and se­ not call for, nor be capable of, national tant financial plans . and programs. cured· the consent of Congress, to secure . treatment. They allowed interstate adjust- There is not one of them who has ever which the Constitution says they must ments but duly safeguarded the national been called upon to pass ·upon a matter , get the consent of Congress -before they interest. more serious than this, because here is can operate with validity under it. I close my quotation from .the text. a matter that will require the invest­ Mr. LUCAS. Mr. President, will the But now I read from a note to the same ment of millions of dollars of public Senator yield further? article note No. 37, at the bottom of page funds of the States affected, upon the Mr. HOLLAND. I yield. 695. I hope the Members of the Senate hope and the belief that a rsound sub. Mr. LUCAS . . I believe I recognize the who are lawyers will listen to this,· be- stantial foundation has been built, and validity of the argument made by the cause they know as well as I the import · it ·is a matter also which deeply touches Senator. However, I was wondering, of the question as to wha ·~ is self-execut- the health and the future properity and I even though the Senate approved the ing and what is not. It ,is one of the opportunity of the people of a large part compact, what authority under their re­ things that come forward to plague us of our Nation, and when I say "people" spective constitutions the States would lawyers as practical legal business comes I do not mean only the Negro people; I have even then to appropriate money, across our desks and is required by us to mean the white people and all the people. for instance, for the construction of a be submitted to the .courts·in order that Now, Mr. President, I do not think university, we will say, outside the par­ what may or may not be our opinion may you would. want to -have a better guide­ ticular State .appropriating the· money. be subjected to careful scrutiny by the post than this, and I do not have the The. thought occurred to me that au­ courts before a structure is created upon slightest idea that the distinguished thority certainly would have to be found which commitments are to be made and junior Senator from ·Kentucky, sound as in the constitution of the State itself be­ moneys expended. I quote this pote, as he is of conscience and conviction, fine fore money could· be appropriated for · follows: a lawyer as I am sure he is, or the dis- the construction of ~ university outside There is no self-executing test differen- tinguished junior Senator from Oregon, the State. At least, that is my under­ tiating "compact" from "treaty." as to whom the same remarks are ap- standing of our own constitution in I interject the thought, made clear by plicable, would for one single solitary moment consider giving the go-ahead Illinois. 'I was wondering whether or not the note, there is oniy one place where signal to clients coming to him and ask- · the Senator had made an examination of the determination can be made as to ing, "Can we safely and with the assur­ the respective constitutions of the vari­ what is a treaty and what is a compact, ance of approval by the courts if this ous States that are parties to the com­ - and that is here in the Congress of matter is attacked, go ahead in this pact· to determine whether or not each the United States. Mr. President, that vital matter, without the submission to State would have the power to appro­ sounds like good law to me. It sounds Congress and the procuring of tlie con­ priate money even though the Senate like good common sense. And what is sent of Congress to this compact?" I · agreed to a compact of this kind. more to t~e point, it so appeals to the think that is the answer, and I do not Mr. HOLLAND. I appreciate the ques­ sound judgment and the legally educated _believe that any Senator here will come tion of the Senator. I have not made mind of Mr. Justice Frankfurter that he to any other conclusion~ any such search. I nave procured a copy puts it in his own article. I continue to Mr. LUCA-S. Mr. President,· will the ftom the Legislative Reference Bureau read: of all the constitutional and general Story and other writers have attempted Senator yield for one question? statutory provisions on education of each an analytical classification. See Story, Con- Mr. HOLLAND. I yield. of the affected States, and they are stitution. (5th ed. 1891, sees. 1402-1405.) Mr. LUCAS. The Senator from Flor- printed in the report of the hearings. The attempt is bound to go shipwreck- ida a moment ago mentioned the finan- I have also discussed the problem with Here we have an expression from one cial obligations -of the respective States the attorneys affected. They have called who is at the present a member of the which might enter into the compact. to my attention the fact that; in the first The thought occurred to me as I lis­ United States Supreme Court to the ef- _tened to the able argument made by the place, there is no question about the ex­ feet that any attempt to say what is a clusive authority ·. of the States in the treaty-or what is a compact or to fix gen- Senator, whether or not there would be field of public education within their eral standards to determine which is any question of the authority or the own limits. They have also called at­ which, is "bound to go shipwreck.'' power of the States to appropriate money tention to the fact that there have been for the purpose of carrying on the edu­ The· attempt is bound to go shipwreck, for cational activities involved in the com- repeated instances, which have been un­ we are in a field- pact. . questioned, in which appropriations have been made by various States for the Listen to this, Mr. President- Mr. HOLLAND. I am grateful for the . doing of incidental things which fall we are in a field in 'which politica1 judg- question of the Senator. My answer .far short of a program like this, of mak- meht is, to say the least, one of the impor- would be that there certainly is question . ing a capital investment for the send­ tant factors. as to the authority of these States to. ing of students to schools which are What he is saying there is that the appropriate money to be spent beyond without their boundaries. judgment of Senators of the United the boundaries of their State in a public I should like to advert to the point S'tates and Representatives of the United venture in which they join with other made by the Senator from Oregon [Mr. · States as Members of the Congress is - States, and that nobody will know until MoRSE] yesterday afternoon. He at­ recognized in the Constitution as· being - . the State courts have .passed upon it tempted to bring up-as an argument for an important factor in . the decision as with finality, whether or not that- au- · ~.the .defeat of the compact the fact that to wpether an~ submitted compact-in the thori.ty exists. · •.. . '1·. the State of West V]rginia sent. sertain 5770 CONGRESSIONAL RECORD-SENATE MAY 13 medical students to the University of I have already read a letter from the The Senator from Alabama [Mr. Virginia Medical School under an agree- trustees of Meharry College, but I want SPARKMAN] yesterday afternoon called ment for their training to be compensat- to repeat in the RECORD tne fact that attention in his argument to the fact ed for as between the two States. I should it is a great institution in which an that the record shows; and it does so -like to call atten ion to the fact that enormous amount of money has already show, that if the same kind of average there are many such instances. They been invested by -benefactors who have standard for admission had been ad­ have not been challenged. But they fall found it a good and satisfactory outlet hered to in Meharry that was adhered far short of the program under this com- to them for the creation of better facil­ to throughout the Nation, only 5 out .of pact being simply situations in which a ities for the · education of the youth of 103 members of the freshman class of fixed sum of money is paid without any the Negro race ln medicine, dentistry, 1947 would be Negroes and the balance joint proprietary situation being created, and nursing. I am not advised as to would be white boys. All who were ad­ or without any joint operating responsi- the full amount which has been invested. mitted had to pass the minimum stand­ bility being created, but simply as a mat- The record shows that $10,000,000 has ards, of course. ter of one State paying another State been invested by the General Education . I have called attention to this point for education in the facilities already Board and that additional millions have simply so that it may be .clearly under­ existing in the second State and sending been invested by the other two great stood that the trustees who have a heavy youths from the first State which has foundations and by other donors. The responsibility resting upon their shoul­ no facilities for education in the particu- record does not show what was originally ders and consciences have felt that they larly desired field. That is a far cry invested by the Meharry brothers who, cannot safely make this proposal or go from this situation in which there is to by the way, as I recall, were from the through with it except upon the two­ be spent not just a few hundred thou- state of the"distinguished Senator from fold condition which is so clearly stated sand dollars, but many millions of dol- Illinois [Mr. LucAs]; nor does the record in the letter which I have read today lars. show how much was invested by the from the president of the board of trus- . Mr. LUCAS. Mr. President, will the Methodis(Chlirch, which was "the origi- tees, that condition being, first, that the Senator yield for one observation? nal sponsoring agency; But the fact is compact be consented to by the Con­ Mr. HOLLAND. I yield. that the.whole investment represents an gress; secondly that the question of con­ Mr. LUCAS. . Frankness compels me .· activity which has been established ex­ sent shall be handled in such a way to admit that I have not had opportunity elusively for members of the Negro race. with regard to· racial segregation that to make any exhaustive examination of The trustees who now have charge are the Negroes may continue to have these the legal proposition which I submitted in deed .and in fact trustees to see that facilities which were established and to the Senator a moment ago. I thought, nothing shall possibly occur which would paid for by their benefactors and that in view of the importance of the question, defeat the objective of the donors in the . their rights may be carefuily and fitmly that perhaps some Senator had made -a establishment of this great institution careful examination of the power of the preserved. respective states to appropriate money ;~~:.he serying of me~bers of the Negro Mr. President, with reference to the question from the standpoint of the for the purposes referred to in the com- So, from the standpoint of the trus­ States, I call attention to the fact that if pact. l undertook to say that under the tees . and the standpoint of the boards program a considerable amount of th,e trustees of M:eharry and if the Foun­ money would be required from each which are affected, t:t_lere is ~ of course, dations were ready to go ahead on a trial State. ·Obviously, as the senator stated the very grave question as to whether basis-and they have not indicated that a moment ago, we can do only what 1s they shall be safe in proceeding. They they are so ready, at least insofar as Me­ within the limitations and the _powers have answered by saying that they will harry is concerned-all that the States laid down in the respective States with proceed if the consent of Congress be would risk would be the question of ·the regard to spenqing money. Whether given. They proceed on no other basis, carrying forward of any program . of any State would be permitted to spend - so far as we know. It is shown by the which they would pay a portion of the money outside its own boundaries for record that 10 years ago the condition operating cost from year to year. There the establishment of a university in an- was imposed that they would, out of , is -not any question of purchase of the other State, without direct authority and their various sources of revenue; pro­ magnificent· · facilities of the school, power lodged in the constitution of the vide for deficits from year to year in the there is not any question of their mak­ State, I seriously doubt. I am merely operation of the institution, provided ing a new capital investment in Tenne­ handing down a . curbstone _opinion. that before the end of this school year see at all. On the other horn of the Such opinions are sometimes good · and there should be fqund some way of per­ dilemma, unless there is substance and sometimes bad. manently supporting the institution, foundation and reasonable assurance Mr. HOLLAND. Of course those principally ·out of tax funds, either Fed- . that this compad will stand, the South- questions exist. I will say to the Sena- eral or State. Last year, as shown by . ern States will find themselves in the po .. tor that the Governors and the State the record, the deficit was $352,000, and sition where, while they can go ahead at ofilcials who are cooperating in the it has been shown that the operating Meharry on a trial and error basis, as­ matter think they have the authority, · deficit, paid as it has been out of tpe en­ suming that the trustees and Founda­ and they realize that they are likely to dowment principal, has been so large it tions would agree to it-and they have be subjected to suits; but if they are has materially impaired the endowment not even indicated that they would- ' subjected to suits on tha.t account they fund. so the trustees have that in mind they could go ahead with that as to Me­ will, by obtaining the consent of Con-. when they lay down the condition that harry, whereas to the contrary, insofar gress without nonsegregation conditions, if and when their offer is accepted it be as the white students of their ,States have gotten rid of at least two questions accepted after congressional consent to were concerned, whose education would which ·they regard as much more im- this compact and under a situation in call for the setting up of new institu­ portant, one being the question of b ti tions, which would require the making of whether the consent of Congress is re- which there will not e a ques on exist- additional capital investments in the ing as to whether the Southern States quired and, secondly, the question of non- can send southern white boys to displace amount of millions of dollars, as to this segregation, because if the consent of field they would have no possible as­ congress be given without limitations the Negro boys from their opportunity surance or security upon which they, against segregation, then under the laws for training at Meharry. The record could proceed, but would have to wait, prevailing in the various States there also shows that large numbers of white and wait interminably, through the 5 or certainly cannot be raisel the question boys, never out of the South, have come 10 years during which this whole ques­ as to whether they have the right to go to Meharry and to Howard University tion would be wearily fought out through outside of their own limits for the pur- and have sought to displace the oppor­ the lower State courts, through the lower pose provided for in the compact which tunities of the Negro youth at those two Federal courts, and :finally up to the ir already legal under their own law. institutions. At Meharry the policy has United States Supreme Court, · before Mr. President, I go next to the prac- been adhered to that no white youth can there would be any sound .basis upon tical questions which are involved. The be educated there, because if that prac­ which they could proceed in setting up first practical question has to do with ·tice were ever started, now that competi­ regional institutions .for the education the legal questions involved, because tive conditions are so difficult, the op­ of the white youth of the States. every qUestion of law must be ·construed , .portunities -'for Negroes would be largely Mr. President, we are all practical against the facts of the particular case. ~ · elilninated. - ,. · · · men,. and I . call attention to . the fact 1948 CONGRESSIONAL RECORD-SENATE 5771 that the record shows that there· are only the distinguished Senator from ·Utah peal is going out, Mr. President,. and two publicly supported dental schools ·in took the position he assumed, and then being "answered, shall it be said, can it all this region. I call attention· to the stood firmly on this :floor and stated his be said, that somewhat the same kind fact that the record shows that in five or views to the membership of the Senate of an appeal here, except that it expresses six of the States there are not any medi­ and to the Nation-because everything the willingness which is demonstrated by cal schools, either for white or colored. the Senator from Utah speaks is news the 15 Southern States participating, not Am I asking Senators to strain their bal­ to the NBttion. When he, speaking to through donations provided to them anced judgment at all in asking them to ·. the Nation, said in his quiet tone that from elsewhere, not through donations come to the conclusion that simply noth­ here was something which was construc­ by the Federal Government, but through ing will be done under this compact un­ tive and eminently worth while, some­ their own tax funds, to continue the vital less there is an assured and firm founda­ thing which he thought called for the activities which go on down at Me­ tion, granted by the giving of consent of approval and the co~sent of the Members harry-shall it be said with truth that Congress to this compact, so that the of the Senate, something in which he re­ the Members of the Senate of the United Southern States can proceed, if they joiced, if I understood his words, be­ States, after the Members of the House proceed with reference to Meharry, and cause he thought it showed a willing­ of Representatives have voted by a vote proceed at the same time, coincidentally, ness of the Southern States, who had of 5 to 1 at the other end of the Capitol in the serving of the white youth of the had a problem placed upon them by the in favor, have withheld their ·approval respective States in the establishment Nation and under decisions made by the to the doing of a better job at Meharry and setting up and later the operating Nation, wpich did not rest upon others­ with public money coming out of the of the new institutions which will be set he r-ejoiced at the demonstrated willing­ States which supply the major portion of up for them? ness of the South to assume its good, full, its students? Mr. President, without talking more fair part of the burden of colored edu­ Mr. President, I would hate to be re­ on the. legal aspects of the matter, I cation, for he was speaking particularly sponsible for taking a stand which, I be­ wish at this time to express my appre­ about that. lieve, would shut off Meharry, would shut ciation to certain Members o! the Sen­ I thought that expression could not off the possibility of increased education ate. I am grateful to all the Members of possibly fall upon deaf ears, either for the Negro youth at other potential the Senate who have been willing to in the membership of . the Senate or institutions. I want to make it crystal come and listen to the debate. . There is throughout the Nation, because the Sen­ clear that the 15 Southern States mean nothing in the debate so far as I am con­ ator has so clearly handed down the only business in this matter. They have cerned, but a patient desire to get some­ sane, reasonable, democratic verdict that come here in good faith. They have thing worked out which will be con­ can be reached in this important mat­ come here· constructively. They have structive. I am grateful to all Senators, ter, the verdict th& '; this is the only offered to carry a larger part of the bur­ but particularly to certain Members of way, working with the only tools which den of the Negro education, and to do a the Senate whose names I wish to men­ the States of the South, through their great deal better job for white education tion, ,because I know it has been an oner­ constitutions, have perfected, and which than they have ever done before. ·I do ous duty to go through with their par­ the National Government has approved, not believe the conscientious citizens who ticular duties in connection with the through the decisions of the United comprise the Members of the Senate on consideration and ·presentation of the States Supreme Court, the only way in both sides of the aisle are going to turn pending joint resolution. which immediate and substantial prog­ a deaf ear to this appeal. I do not be­ My thanks go first to the Senator from ress can be made in this vital, this ex­ lieve that when people who need educa­ Wisconsin [Mr ..WILEY] and to the Sena­ tremely vital, field of enlarging the op­ ~ion come here crying for bread Mem­ tor from Rhode Island [Mr. McGRATH]. portunities open to the colored youth of bers of the Senate are going to hand I indicated a while ago that I had every the Nation in the field of education, and them instead a stone. I will not believe reason to believe that wh,en they were particularly in the field of medical and that until the votes are actually cast and asked to constitute themselves a sub­ dental and nursing training. I am more show the contrary. committee of the· Committee on the grateful than the Senator will ever know · Mr. President, there are certain other Judiciary to hear this matter they were for his taking that position, .and I think things I should like to mention, because disinclined toward approval of tqe com­ what he has .said cannot fall upon deaf I would not have anyone feel that I pact. Yet meticulously they went into ears. wanted to stand solely upon the legal the matter, they combed all the truth Mr. President, let me remark that, just aspects. of this matter or upon sectional out of the fiction and fears and appre­ as this debate has been proceeding in the aspects of it, or race aspects of it. I just hensions,' and, with their strong ap~ Senate, I have been hearing ov~r the .want to make it crystal clear .that insofar proval, took the measure to the full radio at night, I have been reading in as segregation in education is concerned, Committee on the Judiciary, and sup- the newspapers during the day, that I do not think it needs my defense, but ported it there. . those who are the friends of the colored I am willing to defend it and judge it by I call particular attention to the fact­ schools of the Nation are even now en­ some of the outstanding things which it and I deeply appreciate his attitude in gaging in a Nation-wide appeal for more has done, which have not been done the matter-that the chairman of the strength, for financial donations which elsewhere, Mr. President, and are not be­ Committee on the Judiciary, the Senator will enable thein to do a better job in ing done elsewhere, ann a 'hostile vote in from Wisconsin,· has gone further and · their field. I do not hear that that plea the Senate here will not start the wheels has courageously and splendidly and effi­ has fallen on deaf ears. I wonder if the turning to do them elsewhere. ciently taken the leadership in fighting citizens of the States represented by the The first thing I mention in this con­ for this compact here upon the :floor of various Members of the Senate who have nection is in the field of medical educa­ the Senate, so that all might clearly un­ found only something to criticize in this tion. I wish that I had the oratorical derstand that he, holding the respon­ measure are taking the same attitude capacity displayed yesterday by the Sen­ sible position which he occupies as chair­ with reference to the appeal now being ator from Alabama [Mr. SPARKMAN] who man of the Committee on the Judiciary, made in behalf of institutions for Negro called the attention of the Senate so has come to the conclusion that here is education throughout the Nation, and eloquently to the fact that the South un­ a wholesome thing which he feels should which I am very sure is not falling upon der segregated education in this particu­ be done with the approval and consent deaf ears anywhere in our country. lar field has done and is doing so much of the Members of the Congress of the I am sure, Mr. President, that the good better a job than is being done by the United States, particularly those of the P.eople of the State of Qregon, joining rest of the Nation. Mr. President, I Senate, and regardless of what part of hands with the good people of the State am not here to criticize anyone else. I the Nation they happen to come from. I of North Dakota and of the State of am not here to say that discrimination am grateful to him for his position. Michigan, and of the '15 States which exists in these other schools as a matter · Let me say that I am likewise ex­ are in this compact, and of all the other of deliberation. I do not know why tremely thankful to the distinguished States of the Nation-and they are all . these facts should be so, but I am just senior Senator from Utah [Mr; THOMAS], . good States-are answ_ering that appeal, going to point out again a few of the known perhaps as the most liberal Mem­ and are turning in more money so that facts which inescap~bly appear from the ber of this body. I had no idea what the cause of education of the Negro youth record and which are going to come back ·. his position would be on the joint reso­ of the Nation may be aided and expe­ to the consciences of the Members of the lution, and I was much impressed when dited. At the same time, while that ap- Senate who may. consider voting against 5772 CONGRESSIONAL RECORD-SENATE MAY 13 this measure. What do they show? It for a great people and a great State, as The next letter-is from Dr. J. N. De­ is printed in _the REcoRD. Eighb-six shown by the record, has in all of its Lamater, who signs as assistant dean of colored youths comprise the complete classes one Negro youth among its medi­ the University of Southern California . number of the representatives of that cal students.· School of-Medicine. It is a very fine let­ race who are now students in any class Mr. President, we might wish that we ter. The letter reads as follows: of all the institutions of learning in the· were not confronted with that kind of THE UNIVERSITY OF field of medicine and dentistry through­ a situation. We might wish there was SOUTHERN CALIFORNIA, out the Nation from Maine to California. something we could do about it here. SCHOOL OF MEDICINE, Elsewhere in the RECORD Senators will But there is nothing we can d,o about it ·Los Angeles, February 10, 1948. find that 21 is the full number in all here. To the contrary, Mr. President, MICHAEL J. BENT, M.D., those institutions in the freshman class all we can do here is to try to keep open Dean, School of M~dicine, which entered this year. and to try to pry wider open doors in M eharry Medical College, the South which have been sympatheti­ Nashville, Tenn. Mr. President, I do not think it is im­ DEAR DR. BENT: In answer to your enclosed portant to analyze the -reasons for that. cally open, and in the case of Meharry inquiry of · Februa,.ry 4, I should like to say I prefer not to do so. I am willing for the I want to make it clear that in large that this school of. medicine has not had any Senators and for the people of the States measure they are kept open through the Negro student enrolled while I have been who have their own problems to decide beneficence and generosity of citizens here, nor do our records show that any Negro what they should do and what they can who live not in the South, but who live students have ever been enrolled. I should do . . But I am pointing out that if it is in other parts of the Nation . . How can like to tell you, however, that our commit­ left to the institutions outside the South, we keep those doors open and how can tee on selection and promotion would be de­ the door of opportunity is surely slammed we open them ever wider in order to lighted to entertain applications from su­ shut in the faces of the thousands of admit more and more Negro youths perior Negroes. In the past there have been Negro youth of the land who want to ob­ whom we know perfectly well have not a number of applicants who have applied but upon the basis of their scholastic record, their tain an educati'on in the fields of medi­ had adequate facilities or facilities in· aptitude scores, and recommendations, our cine and dentistry. I tell the Senate anything like sufficient opportunity for committee flas not found it possible to . ac­ that when I heard the letters read by their training? cept them. the Senator from Wisconsin-and I also I am going to read these two letters. If a recent article in the Saturday Evening read some which he did not read into the I see my time is nearly up, but I think Post truly represents the facts, you must RECORD-it was simply inescapable to me it is important that the Senate should have numerous superior applicants whom · that many members of the Negro race, hear them. I am afraid that Senators you cannot satisfy. I would greatly appre-· who are youths, of the proper age for have not read the RECORD. The first elate any effort on your part . to divert two education in these fields, want that edu­ letter is from Hardy A. Kemp, M. D., or three outstanding applicants toward this cation not solely as a matter for their dean of the Colleg-e of Medicine of Wayne school. While I as an individual cannot own aggrandizement and betterment, promise that a.ny who apply will be selected, - University, Detroit, Mich. It is a letter I can forthrightly say that they will be given but that they are impelled by the desire to the dean of- Meharry Medical College, the utmost conscientious possible consider­ to be of greater service to their fellows, Dr. Michael J. Bent, and is as follows: ation. ' and particularly of great~r service to the DEAR DR. · BENT·: w_e had two Negro stu­ I shall look forward to hearing from you in other members of their own race. dents in our freshman class when we started the near future concerning this matter. Mr. President, by doing whatever we in February 1946. One was dropped because Sincerely yours, · · do here today we are not going to open of poor scholarship; the other remains and J. N. DELAMATER, M, D., a bit more widely the doors of oppor­ is doing very well. ·Assistant Deun. · You might be interested to know that in tunity in the institutions of learning in I do not doubt that he means exactly this field throughout the Nation outside more than 500 applications which we are. · considering seriously we do not have more what he says when he says that any such the South. than a dozen ·Negroes. Not a single one of applications "will be given the utmost Mr. President, in a moment I want to these is from a Negro girl. With the large conscientious :Possible consideration." read into the RECORD letters from a dean Negro population in Detroit and surround­ I call attention to the fact that it is and an assistant dean of important med­ ing territory _in Michigan, I should think we abundantly shown from the record that ical schools outside the South, showing would have more applications and from those last · year 14,000 youth tried to get into the problems with which they are con­ who are better qualified than those we have the medical schools, and that there were fronted. One came from the great State applying at the moment. facilities to accommodate only a small of Michigan. Another came from the I thought perhaps ' this incidental com­ ment might be of interest to you. fraction of them. Under the heavy equally great State of California. Be­ With best regards. competition which prevails-and it is fore I read those letters I want to s y Sincerely yours, right that it should prevail-in those again that I do not think it is incumbent HARDY A. KEMP, M. D., institutions outside the South,· and un-· upon the Southern States to criticize­ Dean·. der the laws and under the rules and pro­ and certainly the .junior Senator from cedure in those institutiOJ:\S, they have Florida does not criticize-what is being Let us see what is happening in con­ not been able to help very much in done in these. other States, or in the in­ nection with applications to Meharry meeting this problem. Mr. President, stitutions of these other States. He is from the State of Michigan. In order to are we going to close one of the two doors simply calling attention to the facts as make the case completely fair, I wish to which yet remain open? shown from the RECORD, and the facts as state that the University of Michigan I shall not proceed longer with that shown by his file of communications, Medical School is the institution which particular line of argument; but in con­ from the youths of the Negro race who has the largest number of Negroes at­ nection with the matter of segregation, have found the· door of opportunity tending any institution outside the South I wish to call attention to the fact that slammed shut to them in other parts of in this field, with 18 Negroes in its stu­ the South, under its peculiar system, has the Nation, and who say they cannot find dent body. What do the facts show as done a marvelous job in general, in giv­ ariy place wher~ they can go unless Me­ to the applicants ·from Michigan? In the ing a better opportunity to members of harry can be kept open. year 1947, the year in which there was the Negro race who have 'wanted to Mr. President, I -call attention to the one student left at Wayne, and in which serve in professional posts in education, fact-I am not going to read the whole there were 18 students in the whole stu­ that is, as teachers, as principals, as list, for it is already in the RECORD-that dent body at the University of Michigan, college professors, or as presidents. Harvard University Medical School, one the record shows, as Senators will find on Without taking the time of the Senate of the finest in the Nation, has in its page 40, that there were 15 applicants of to read it; I ask leave to have inserted in whole student body, not just in the fresh­ Negroes from Michigan alone to Mehar­ the RECORD a statement from the Legis­ man class, as shown by the record, one ry, and that 4 of them were actually ac­ islative Reference Service dated Febru­ Negro youth. I want to call attention cepted in the freshman class. ary 20 of this year, addressed to me and to the fact that that happens to be a Mr. President, are we going to shut that showing the situation both in the States privately endowed institution. I call at­ door of opportunity instead of opening where segregation applies and in the tention to the fact that the University it wider? I do not believe that mercifully States where segregation does not apply, of Pennsylvania, another one of the inclined, .decently inclined men, such as as to the opportunities given to colored great institutions for medical training, a I see sitting here in the Senate, are going citizens who have chosen to spend their public institution, standing in that field to take any such position. lives in education. 1948 CONGRESSIONAL RECORD--SENATE \ 5773 I There being no objection, the state­ Mr. HOLLAND. I am very sure that I am sure that the distinguished sen­ ment was ordered to be printed in the if Senators will read this statement they ior Senator from Georgia [Mr. GEORGE] RECORD, as follows: · will be surprised at the facts estab­ has noticed: in his years of public serv­ THE LIBRARY OF CoNGRESS, lished by the Legislative Reference Bu­ ice, that it is true in his State that the Washington, D. e., February 20, 1948. reau in . this field. Here they are: Negro teacher occupies a place of high Han. SPESSARb L. HOLLAND, They show that in the States which standing, respect, and prestige among United States Senate, have segregation by law, there were, ac­ his own people-and rightly so, because , Washington, D. C. he has devoted his life to an effort to DEAR SENATOR HOLLAND: In response to cording to the cens'!ls of 1940, 10,149,005 . your request of February 16 we are enclosing Negro citizens, and 35,197,765 white cit­ bring greater opportunity for improve­ a report prepared for you in the Legislative izens. Of the more than 10,000,000 Negro ment in education, and for all that goes Reference Service entitled ''Total Negro citizens in those States, 70,725 of them with it, to the youth of his own race. Population, 1940, and Total Instructional were professionally in education. An I have placed this information in the Staff of Schools and Colleges for Negroes in average of 7 out of every 1,000 Negro cit-­ RECORD so that Senators may see it, and Specified States and the District of Co­ izens in the southern area were gainfully so thaba the Nation may realize that lumbia, 1943-44." We would like to draw emPloyed in the teaching profession and segregation in education is not built your attention to the footnotes which ex­ plain the meaning of several terms which in carrying forward the banner of educa- largely upon the question of discrimina­ appear in the title, according to the use of tion in that area. · tion, but to the contrary is built upon a these terms in this -report.· The statement shows, to the contrary, .very deep _conviction which prevails, not We find no published data on the number that in the rest of the Nation, all told, only among our white citizens, but of Negroes on the instructional and admin­ from the best figures which can be made . among most of our colored citizens, that istrative staffs of schools and colleges located available-and they are furnished by Dr. it is the best system and that under it, in States which do not provide for segrega­ Ambrose Caliver, specialist in higher edu­ under our philosophy, under our laws, tion of the races in educational institutions. and under our .social customs the maxi­ Dr. Ambrose Caliver, specialist in higher edu­ cation for Negroes in the Unit.ed States cation for Negroes, Unlted states Office of Office of Educa-~ion, and Dr. Martin D. mum of opportunity may be accorded to Education, has given us an unofficial esti­ Jenkins, professor 'of education at How­ me·mbers of the race y.rhich, it so hap­ mate or guess that the total number is about ard UI)iversity, Washington, D. C.-:-an pens, most needs the liberal benefits of 3,000. Dr. Martin D. -. Jenkins; -professor of estimated number between 2,5{}0 - and education .. Mr. President, there is not education, Howard University, Washington, · 3,000, depending upon whether we accept the slightest doubt-about it. This is the D. C., has stated to ·us his rough estimate or the estimate of Dr. Caliver or that of Dr. fa~t in the field of medical, dental, and guess that the number ,is l:Lbout. 2,500. Ac­ Jenkins, were emploYed in the same ac­ nursing education. It is also the fact in cording to United. States Census data the the field of general education, just as I total number of Negroes in these States In tivities of professional education in all 1940-all of the States not included in the the States outside the South: b~ve spawn by the record. enclosed report-was 2,716,513 (Statistical It is shown by the census of 1940 that I insist that·this sy~tem and tradition, A.bstract of the United States, 1947, p. '20). in the States outside the South there which is indigenous to the South and is On the basis of these estimates it would were a total of 2,716,.000 Ne~ro citizens. a part of the sacred warp and woof of appear that the n~mber of Negroes who be­ I wm simply give the comparative figures. our traditions, is doing a bettoc job than come teachers and administrative officials of They show that wh'ereas 7 out of 1,000 the .other system is doing. I do not re­ schools and colleges, in relation to the Negro flect on · the motives or intentions or population is several times higher in the Negroes in the South were gainfully em­ States which provide for segregation in edu- . ployed in education, only a fraction over wishes of any .citizen or of any State catioual institutions than in the States one per thousand-and the fraction is so anywhere else. I am simply stating that which do n ot so rrovide. Dr. Caliver has ex­ tiny that it may be disregarded-or one­ I am willing to stand on the record which pressed to us the opinion that such is the , seventh as many, .were gainfully em­ has been 'built by the experience and the case. ployed in education in the area outside deep, lasting,· and abiding convictions Sincerely yours, the South. ·Any system which gives an of the people not only of my r-ace but of ERNEST S. GRIFFITH, that other friendly race, among such Director, L egislative Reference Service. opportunity to seven times as many good people to qualify them for teaching posts large numbers of · which we live down Total, N egro population, 1940, and total in­ there. ·Mr. President, this is the best 1 3 and to devote their lives to the teaching . structional staff of schools 2 ·and colleges profession, as are given the same oppor­ way. to get the desired results. for Negroes in specified States ' and the Let me dwell for a moment on the District of Columbia, 1943-44 tunity elsewhere, must have merit in it. There are seven times as many in the question of the practical aspects of this South, as compared with the system out­ problem. This is a problem in which .the Instructional staff 1 Federal Government, through· with­ State or the Dis- Negro side the Southern States. trict of Columbia popu- Mr. President, the difference does no.t holding the consent of Congress, can do lation Schools2 Col- Total leges 3 stop there. In the case of the Northern terrific damage; but it happens to be a ---- States, it happens that there are no . case in which laws passed by the Con­ Alabama ______gress which offer some a:ffirmative pro­ . 98~. 290 6,001 432 6,433 presidents of institutions of higher gram-although none yet has been of­ Arkansas._------Delaware ______482,578 2, 654 121 2, 775 learning who are Negroes-none what­ 35,876 253 45 298 fered in this respect-cannot meet and Florida_------514, 198• 3, 341 184 3, 52.'i .ever. The opportunity for advancement Georgia .. ------1, 084,927 7, 642 361 8,003 is very slight, whereas there are many, solve this problem, because it is one which Kentucky_------214,031 1, 412 59 1, 471 in effect is not limited to the great insti­ Louisiana ______849,303 . 4,360 245 4, 605 many presidents of -institutions of learn­ Maryland ______301,931 1, 757 85 1,842 ing in the South who are Negroes. For tutions of higher learning. It affects, Mississippi_------1, 074, 578 6,499 173 6;672 likewise, the more humble places of edu­ Missouri.. ______244,386 1, 560 128 1,688 example; all 17 of the presidents of the North Carolina ____ 981,298 7, 410 406 7,816 land-grant colleges for Negroes in the · cation, such as the one. in my own home Oklahoma ___ ------168,849 1, 475 101 1, 576 South are themselves Negroes. In my town, a 12-room brick, high school for South Carolina ____ 814,164 6, 007 281 6,288 Negroes, and a very creditable one. I Tennessee ___ ------508,736 2, 980 295 3, 275 own State, in addition to the institution Texas ______----- . 924,391 6, 590 394 6, 984 which has been mentioned, there are wish to state that the Negroes have kept Virginia ___ ------661,449 4, 370 401 4, 771 it up with the greatest of pride, and they West Vir~inia ______117,754 999 120 1,119 three other colleges for Negroes ex­ Dist. of Columbia_ 187,266 1, 243 341 1, lj84 clusively, which have colored presidents. have built most of their civic activities -- around that institution. This problem is TotaL ______10,149,005 66,553 4,172 70,725 So the opportunity for advancement in their chosen profession is greater in the applicable not only there, b'!lt also down in the country · schoolhouse~ Way off t Includes for schools, teachers, supervisors and prin- South. But that is not all the picture. yonder by the bayou, or down in the cipals: for colleges, instructional and adrnini~traiive staff. I ask particular attention to this part 2 Public day schools. naval stores regions of the South, a All institutions of higher education. of the study. In the South, and under wherever education carries its torch, that 'States having separate educational systems for the southern system, every Negro teach­ is where this problem has to be solved; Negroes. · er has the opportunity to devote himself Sources: Second colurnn-U. S. Department of Com­ and the solution of it must be based on merce, Bureau of the Census, Statistical Abstract of the as a missionacy to the advancement of the sympathetic understanding and good United States, 1947, p. 20. .Third column-U.S. Federal the youth of his own race. It is an op­ will of the members of both races,. acting Security Agency, U. $. Office of Education, Biennial Survey of Education in · the Unifed, States, 1942-44, portunity for service which I have found in an effort to give the maximum of OP:­ ch. II, Statistics of State School Systems, 1943-44, p. 71. is generally most attractive to Negroes portunity to 'the members of both races, Fourth column-Unpublished data obtained from the • Research and Statistical Service, U. S. Office of Educa­ who have entered the teaching profes­ who, in great Pa,rt, live there in harmony tion. sion. and tranquillity. , , I

5774 CONGRESSIONAL RECORD-SENATE MAY 13 I wish ·to tell you that during these take the time of the Senate to read learning in the South which serve the decades we have gone ahead, in respect further from it now. :Negro race exclusively, such as Tuskegee, to both our white people and our colored In the United States Government Fiske, Atlanta University, and Meharry­ people; ma way that is hard to measure Manual, 1940, page 298, it appears that and .I could read here a list of other great in tangible terms; We come . here now . this university is jointly supported by schools which have done so much for with a program by which we hope to congressional appropriations and private that race, and, as well, for all mankind. make further progress. I ·do not think funds for the higher education of the Mr. President, I now submit this mem­ the Members of the Senate should say, colored youth of the Nation. That state­ orandum for printing in the REcoRD. "No, we shall prevent you; we bar the ment was made by Paul V. McNutt, then There being no objection, the memo­ door," and thus prevent such progress Federal Security Administrator in 1940. randum was ordered to be printed in the. by the children of both races who dwell in In the United States Government RECORD, as follows: the part of the Nation extending from Manual, Second Edition, 1947, page· 360, MEMORANDUM ON HOWARD UNIVERSITY Baltimore to the Rio Grande and from the statement appears that the lack of 1. CREATION AND AUTHORITY St. LoUis to Miami, comprising. among its higher educational facilities fqr Negroes Howard University was established by act citizens approximately 10,000,000 Ne­ 'in the States in which most of them live of March 2, 1867 (Ill Stat. 438). Its func­ groes and 35,000,000 white people, who has resulted in a serious deficiency in tions under the Department of the Interior live together in all kinds of contacts, and professional services for Negroes essen­ were transferred to the Federal Security yet in the main live tog.ether most peace­ tial for their better development and Agency by section 11 (c) of reorganization fully, most harmoniously, and most con­ greater security. It is stated that Howard plan IV, effective June 30, 1940.1 structively, and with each one of them. University, jointly supported by congres­ The act incorporating Howard University sional appropriations and private funds, in the District of Columbia, as amended, glad to see added opportunity come to the reads in part· as follows: . youth of either race or. to the youth of is a comprehensive university organiza­ "Be it enacted, etc., That there be estab­ both races. tion, offering instr11ction in 10 schools lished, and is hereby established, in the Dis­ Mr. President, I believe my time is al­ and colleges-and so forth. I shall not trict of Columbia, a university for the edu­ most up. I wish to place in the RECORD attempt to give all the information that · cation of youth in the liberal arts and sci­ . an additional exhibit which I think will is presented by that source. ences, under the name, style, and title of thr-Ow added light upon a problem which · Last of all, I wish to mention an article 'the Howard University.' 2 arose the other day in connection with entitled ''Negro at Last Heads Howard "SEC. 8. Annual appropriations are hereby the colloquy between the distinguisl;l~d University-Acquisition of :Or. Mordecai Senator from Oregon [Mr. MoRsE] and W. Johnson as President Places Local authorized to aid in the construction, de­ University as Capstone of Negro Educa­ velopment, improvement, and maintenance myself in respect to Howard University. of the university, no part of which shall be I spoke of it as a segregated institution. tion in America." The article is by Ed­ used for religious instruction. The · uni­ I should have spoken of it as a Negro in­ ward H. Lawson, and appears in the versity shall at all times be open to inspec­ stitution. The .distinguished Senator Washington Post for August 1, 1926·. tion by the Bureau of Education and shall from Oregon calied attention to the fact The article .makes the same sort of refer­ be inspected by the said Bureau at least once that there is a spri:qkling of white stu­ ence to Howard University. each year. An annual report making a full dents there. I offer for the RECORD a Mr. President, a! I have said, the exhibit of the a.1fa1rs of the university shall memorandum to which I have been re­ be presented to Congress each year in the report on this subject by the Legislative rep<;>rt of the Bureau of Education.8 R·eference Service of the Library of Con­ ferring has been prepared by the Legis­ lative Reference Service of the Library • • • gress, prepared for me long before the "SEC. 10. And be it further enacted, that debate began. It shows the aqtual facts of Congress. The figures I shall now the said corporation shall not employ its as to that particular institution of learn­ submit were reported to the Legislative funds or income, or any part thereof in bank­ ing. I am in favo·r of it; I am glad we Reference Service of the Library of Con­ ing operations or for any purpose or object are supporting it liberally. It received gress by the president of Howard Uni­ other than those expressed in the first s·ec­ $4,287,000 out of the Federal coffers last versity on May 4 of this year: That, out tion of this act; and that no~hing in this act of a total of 5,035 students in residence at contained shall be so construed as to prevent year. I do not think that it begins to Howard University, there were 69 white Congress from altering, amending, or repeal­ meet the problem, but it meets a large students-or just a . trifle more than 1 ing the same.'' ' part of it-just about as large a part of percent of the entire number. · 2, PURPOSE the problem in the field of medical, It is shown in the record in this case A search of the CONGRESSIONAL GLOBE and dental, and nursing education as we pro'­ and in the hearings that, or all the med­ the Executive Journal of the Senate by the pose to meet, not with Federal funds, ical-school and dental-school students writer of this report has revealed no record but with State funds, at Meharry Col­ at Howard University, only 2 are white. of debat~ on the bill (S. 529, 39th Cong.) lege by prolonging and enlarging that which was. enacted into law incorporating I do not protest the presence of those tl;l.e Howard University in the District of Co­ institution. white students there, if they wish to go lumbia. The following statements give an As Senators read this article in the there. I do call attention to the fact insight into the purpose of the university in REcORD, it will appear that Howard Uni­ that at Meharry College white .students inception and in, present operation. versity was founded exclusively for are not permitted to attend, and they do "1. Howard was the first Negro college in freedmen back in the days immediately not attend. Meharry College does J)ot America. and today is the largest. It was following the War Between the States. founded in 1866 immediately after the Civil want to mix up its student groups in that War, largely through the efforts of Gen. It will appear affirmatively that it is way. It feels that it has a mission to Oliver Otis Howard, who had served in the generally referred to as a Negro institu- . perform for the colored youth of the Na­ Union Army at Bull Run, Fair Oaks, and tion by its own people and by the· appro­ tion. ·I hope the fact that the authori­ Antietam.ft priate agencies of the United States Gov­ ties at Howard University are letting in "2. In November 1866, the Missionary So­ ernment. For instance, here is an ex­ a sprinkling of white students does not ciety of the First Congregational Church of cerpt from Life magazine for November, mean that they have anything less than Washington, D. C., decided to establish a: 1946: - the greatest of pride in their own mission school for the elevation of the freedmen who were pouring into the city by the thousands Howard University. It is America's center and their own institution as an institu­ annually. At first, this missionary society of Negro learning. Howard was the first tion originally set up exclusively for the decided to open a theological seminary. Negro college in America and today is the members of their· race; and, or' course, Then, realizing the urgent need· for doctors, largest. Mr. President, in connection with the op­ it decided to establish a chair of. medicine Here is an excerpt from a publication eration of that institution under Federal within .this theological seminary. Later, 1t entitled "Howard University, a History: funds and Federal management, it is ) constantly referred to as a Negro institu­ 1 U. S. Government Manual, second edition, 1867-1940/' issued by the Graduate 1947, p. 360. School of Howard University: tion. Mr. President, there is nothing invidious in that-reference. Instead, it 2 14 Stat. 438. To establish a. school for the elevation of a 45 Stat. 1021 (amendment). .the freedmen. should be a subject of great pride to ' 14 Stat. 439 . them. It is so regarded by the heads of a Howard Universlty. . It. is America's cen­ The article continues in a way that institutions and the staffs and the plan­ ter of Negro learning. l:Life, November 18, cannot be misunderstood. I shall not ning agencies of the great institutions of 1946, p. 109. .1948 ,CON.GRESSIONAL RECORD-SENATE 5775 was decided to add a normal. departmen't, to who apparently are speaking for the ma­ ward to serve the cause of humanity in prepare teachers for the elementary schools jority, this·issue of race has been made the South in the way that we want to that were springing up in the cfty and in the country. · the primary issue in the course of this serve it. "The first draft of the charter (January 23, debate; at least, most of the attention The PRESIDENT pro tempore. The 1867) provided for a college only. · The next has been addressed to it. I want to make time of the Senator from Florida has ex­ draft of the charter (February 6, 1867) pro­ it very plain that such is not by the elec­ pired.' vided for a university with the following de=­ tion or choice of the people who are pro­ Mr. MORSE. Mr. President, I yield 10 partments: normal, collegiate, theological, posing this gr'eat constructive movement. minutes to the Senator from Michigan. law, medical, agriculture, and any other de­ To the contrary, we need institutions in The PRESIDENT pro tempore. The partments desired. On March 2, 1867, this such fields as petroleum engineering,· in second draft of the charter was approved by Senator from Michigan is recognized for the people of the United States in Congress ceramics, in textile engineering, in for­ 10 minutes. 6 estry, mining, · and metallurgy, and we assembled. • Mr. FERGUSON. Mr. President, sev­ "3. This university is jointly supported by . need more institutions in medicme and eral days ago in the Senate I made a few congressional appropriations . and private dentistry and all the other learned pro­ remarks in relation to the compact. I funds for the higher education of the colored fessions and arts in which we are now want at this time to discuss the compact youth of the Nation. (Statement by Paul V. deficient or wholly lacking, reasonable from the legal angle, as to what we might McNutt, Federal Security Administrator, facilities for the instruction of our expect it to accomplish if it were ap­ . 1940.) 7 youth. We have a 3% -to 1 white popu­ "4. The lack of higher educational facili­ proved by the · Congress and became ties for Negroes in the States in which most latton, and the number of youth ready operative. · of them live has resulted in a serious de­ for college training is much greater than It is apparent from the compact itself ficiency in professional services for Negroes in that proportion. We think this by no that it does not apply solely to Meharry • essen.tial for their better development and means is a race question but that, to the Medical College; If this were a question greater security. Howard University, jointly contrary, we are ambitious to. be al­ of the Southern States desiring to con­ supported by congressional appropr~ations lowed, under the consent of and with the tribute to the maintenance of Meharry and private funds, is a comprehensive uni­ approval of the Congress, to move ahead versity organization, offering instruction in Medical College at Nashville, Tenn., that 10 schools and colleges as follows: the college with a sound and a lasting and a useful would be one question, and we would not of liberal arts, the school of engineering and program for the service of the 'youth of be debating it here on the Senate floor. architecture, tlie school of music, the college both races who live in our part of the But I think it is clear from the compact of medicine, the college of dentistry, the' col­ Nation~ and ·for the service of many itself that they desire to do something lege of·pharmacy, the school of law, the school youths of the colored,race, Mr. President, else. They desire that the United States of religion, the graduate school, the school who unfortunately find the ·door of of social work, and, in addition, · a summer give up a part of its sovereignty in order · learning slammed shut in their fa'ces· in that th~re may· be a compact among the school. (Statement by Mordecai Johnson, the sections of the Nation outside the President of Howard University, 1947.) 8 States. "5. Howard University, .located in the Na­ South. Mr. President, there are two sovereign­ tion's capital, is the largest institution for The tables placed in the REcoRD show ties in America, .the United States sov.::. higher education for Negroes in the United that 36 percent of the students at Me­ ereignty, which covers .the entire Nation, States and is likewise the only comprehensive harry come not from the South, but from and State sovereignty, which applies university system designed primarily for the North, the East, and the West, and them.9 solely to the State. If the compact needs "6. Howard University is today the cap­ they are wel-come. The people of Nash­ the approval of Congress, it is because stone of Negro education." 10 ville, I am sure, are proud of that insti­ the United States is giving up a part of tution. People of all the rest of the 3. APPROPRIATIONS its sovereignty. The term agreement o~ South are proud of it. I am proud of compact is used in article I, section 16, Appropriations by the Congress of the what I have seen of the ministrations to United States to Howard University totaled of the Constitution as follows: $2,853,814 for 1947 and $4,287,480 for 1948.11 their own race largely performed by de­ No State shall, without the consent of Con­ voted men who happened to be black, but gJ;:ess, • • • . enter into any agreement or 4. WHITE STUDENTS AND MEMBERS OF THE who have been trained at Meharry Col­ compact with another State. FACULTY lege, and who have carried the mission According to an estimate obtained by the of mercy to suffering humanity to thou­ As used in that section, tbe term does writer of thif!..report from Dr. Mordecai John­ sands upon thousands, nay, millions of not .apply to every possible compact or son, presidenl of Howard University, on May agreement between one State and an­ 4, 1948, there were at the. university 69 white lives in the Southland that have needed students of a total enrollment of 5,035, and that balm of Gilead which was not avail­ other for the validity of which the con­ 68 white persons on the faculty numbering able from any other source. sent of Congress must be obtained, but 450 altogether. - Mr. President, I feel deeply c:m this the proll_ibition is directed to the forma­ c. A. QUATl'LEBAUM, matter. I feel deeply not because I am tion of any combination tending to the General Research Section. a white man, not because we have the increase of political power in the States, MAY 4, 1948. Negro problem, but because I think it is which may encroach upon or interfere Mr. HOLLAND. Mr. President, I have the only way in which we are going to with the just supremacy of the United only a few minutes' time left. In con­ move forward. I have not heard here States. clusion, I wish to say that no one is sor­ from Senators who oppose us the slight­ Mr. President, there are two sovereign­ rier than I am that by the choice of .those est word of constructive planning which ties. It was necessary, because of the would give hope to anybody in this great Dred Scott decision, to amend the Con­ 6 Dyson, Walter. Ho~rd University. A area of the Nation, inhabited by 45,000,-· stitution to make certain persons citizens History: 1867-1940. Wasliington, D. C., the 000 people, Mr. President, who are good of the-United States. So I say that the Graduate School, Howard University, 1941, p. Americans, and who are entitled to have urge to have this compact approved by 44. the Congress of the United States is be­ 7 U. S. Government Manual, faJl 1940, a chance to educate themselves and to p. 298. uplift their families and to put them­ cause of a desire that the United States 8 U. S. Government Manual, second edition, selves into position better to serve their of Ametica give up a part of its sover­ 1947, p. 360. race and their Nation and the cause of eignty. ·Why do I say that? Because of o Howard University . . Bulletin. Howard mankind. tqe language,in the compact itself: University News. General Information. Now, therefore, in consideration of the July 1, 1945, p. 9. Mr. President, I feel, just as so humbly mutual agreements, covenants, and obliga­ 1o Edward H. Lawson, "Negro at Last Heads and yet so effectively stated by the dis­ tions assumed by the respective States who Howard University. Acquisition of Dr. Mor­ tinguished senior Senator from Utah yes­ are parties hereto (hereinafter referred to as decai W. Johnson as President Places Local terday upon this floor, that we ought States), the said several States do hereby University as Capstone of Negro Education in gratefully to take hold of this machinery fqrm a geographJcal district or region con­ America." Washington Post, Aug. 1, 1926, which is created here out of the thinking sisting of the areas lying within the bound­ p. 3. of good men and, good women of both aries of the contracting States which, for the 11 U.s. Bureau of the Budget. The Budget purposes of this compact, shall constitute an of the U.S. Government for the Fiscal Year races, extending over many years, at least area for regional education supportecJ by pub­ Ending June 30, 1949, p. A49 (figure for 1948 as far back as 1934 and 1935, ·and write lic funds derived from taxation by the con-. excludes contract authorizations amounting into existence a sound and secure pro­ stituent States for the estaqlishment, acqui­ to $2,087,675). gram, under which alone we can go for- sition, operation, and maintenance of 5776 CONGRESSIONAL RECORD-SENATE MAY ' 13 . · regional educational schools and institutions said that all such schools were regional ·Since the Tennessee · case, Mr. Presi­ for the 'Qeneflt of citizens of the respective schools and, therefore,· segregation dent, there has not been a single decision States residing within the region so estab- ''should apply. · . handed down by the United States Su­ Ushed as may be determined from time to There is no doubt about' the law in this time in accordance with the terms and pro- . preme Court contrary to the ruling in visions of this compact. case. This compact should not be ap- that case. proved. · The legal issue is, Is there a Federal Mr. President, in the case entitled we find this language in 148 ·united question involved in the ·compact? As "Missouri ex rei. Gaines against Canada, States Reports, in the case of Virginia the Senator from Kentucky [Mr. CooPER] Registrar of the University of Missouri against Tennessee: says, if there is not a Federal issue in­ et al.,u the opinion of the Court says: To those to which the United States can volved, we have no right to take jurisdic­ The basic consideration is not as to what have no possible objection or have any inter­ tion over the compact. If we do take sort of opportunities other States provide, or 1 est in interfering with, as well as to those jurisdiction, Mr. President, we have the whether -they are as good as those of Missouri, which may tend to increase and build up the but as to what opportunities Missouri itself political influence of the contracting States, duty to see to it that we lay down a sound furnishes to white students and denies to so as to encrO'ach upon or impair the_ Federal policy in regard to education on a Negroes solely upon the ground of color. The supremacy of the United States or interfere regional basis. The Senators on the op­ admissibility of laws separating the races in with their rightful management of particu­ position side cannot have it both ways. the enjoyment of privileges afforded by the lar subjects placed under their entire con­ They cannot say that there is· Federal State rests wholly upon the equality of the trol. jurisdiction only for the approval of the privileges which the laws give to the sepa- compact, but they want no Federal juris­ . rated groups within the st~te. · So, Mr. President, as I voted against diction insofar as laying down conditions this measure in the committee, I shall Mr. President, I am firmly of the opin.:. vote now to send it back to the commit- · under which the compact shall operate js ion it will be argued in the courts of this tee. If it ever reaches a vote on the floor, concerned_. If we take jurisdiction, Mr. land that if Congress approves the com- I shall be compelled to vote against it. President, then squarely before us is the pact a portion of the sovereig.nty of the The PRESIDENT pro tempore. ·The question as to what Federal policy shaH United States will be surrendered. It · Senator from Oregon is recognized for 6 operate in the regional schools. Sen. will be contended that Congress created minutes. ators from the South no more than Sen­ a new area or a new subdivision. Mr. Mr. MORSE. Mr. President, in the ators from the North should welcome President, it does not require the ap- short time remaining, I should like to Federal infringement upon educational proval of the Congress if that is· not make several points. The first point goes policies. what is intended to be done because in to the matter of the law involved in the The second point I want to make, Mr. the case of Cummings v. Richmond debate over the compact. From the President, relates to the power of the County Board of Education (175 U. S. ' beginning to the end of th·e debate the 'congress to lay down conditions when 528, at page 545). we find this language: opposition has presented no· authority approving compacts. I have cited a long The education of people in schools main- by way of a United States Supreme Court list of Federal· precedents in United tained by State taxation is. a matter belong- decision which justifies the conclusion States Supreme Court decisions support­ ing to the respective States, and any inter- that the compact requires congressional ing my contention that Congress has the ference on the part of Federal authorities approval. To the contrary, Mr. Presi­ ·power to impose conditions, and not a with the management of such schools can- Senator on-the opposition side has been not be justified except in th.e case of a clear dent, the very case cited by Mr. Peyton able to refute one of them. I submit that and unmistak~ble disregard of rights pre- Ford, who is referred to by the Senator · scribed by the supreme law of the land. from Florida [Mr. HOLLAND] as being one they set forth the law on this subject. The nex.t point I wish to make is that What was ·the Supreme Court saying . of the leading authorities supporting his three distinguished me.mbers of the in that case? It was saying that educa- position on. the compact, holds the oppo­ Senate Judiciary Committee, the Sena­ tion is a local matter belonging to the site of that which the Assistant Attorney General says it holds. The language of tor from Kentucky [Mr. CooPER],- the sovereignty of the State, except where the Court itself, referring to article I, Senator ·from North · Dakota [Mr. there might be a violation of the section. 10, of the Constitution, in the l;..ANGER], and the Senator from Michi­ fourteenth amendment. Therefore, Mr. case of Virginia against Tennessee re­ gan [Mr. FERGUSON], who are on the President, if we approve the compact it futes Mr. Ford's position on the case. full Judiciary Committee but not on the will be contended that we have granted Thus on page 519 of the , decision the subcommittee, are support:i!:tg my mo­ to the States a new subdivision, a new Court says: tion tq recommit. They are asking for area, in which they can exercise their Looking at the clause in which the terms an opportunity to consider the legal ques­ auth ori t y. Then they wo uld perpet uat e "compac~" or "agreement" appear, it is tiQns fUrther, because, in their judg­ segregation. President, as I stated recently, I . evident that the prohibition is directed to ment, the full committee has not con­ Mr. the formation of any combination tending sidered as carefully as it should the· legal cannot vote to perpetuate segregation in to the increase bf pol!tical power 1n the issues which have been raised in the educational institutions. The argument States, which may encroacp. upon or inter­ cours~ of the debate. They do not agree gets down to that point. Segregation is fere with the just -supremacy of the United that this compact has been considered not practiced in the State of Michigan, States. as carefully by the full Judiciary ·com­ from which I come. As I have said, in I am at a complete loss to understand mittee as. is desirable in light of this the medical school of the University of Mr. Ford's misinterpretation of Virginia debate. Michigan there is the largest number of against Tennessee. In that case the The next point I want to make is on colored students of any institution out- ·united states Supreme court said: side of a solely colored institution. · the question of policy. I think it would b t There are many matters upon which dif- be most unfortunate for us, through this Therefore I oppose this compact, u ferent states may agree that can in no re- instrument, which does not require Fed­ - not only on the ground that it will later spect concern the United states. be used for the purpose of segregation. eral approval, to raise on the floor of the It was said by the able Senator from In that case the Court made clear that Senate the issue of the educational policy Florida [Mr. HOLLAND] tliat if ·regional the compact section of the Constitution which shall prevail in regional schools. schools were established undoubtedly relates to compacts which "may encroach If we do, then we cannot and should not­ segregation would be practiced. In other upon or interfere with the just suprem­ fail to consider the question of civil words, if a white school were built in acy of the United States.'' rights in its totality, Mr. President. North Carolina and a colored school were Throughout this debate I have chal­ This afternoon in the cloakrooms there built in Tennessee it would be claimed lenged the proponents of this regional have been discussions of strategy, as to that there was no question about their school compact to point out in what way what may be the the best way to solve being used for segregation purposes. I the compact will "encroach upon or in­ this parliamentary situation. I address can read between the lines in the docu- terfere with the just supremacy of the these remarks particularly to my Repub­ ment itself that if they build a State United States," as that principle is laid lican colleagues.· The suggestion of par­ school, all that would be necessary would down in Virginia against Tennesse·e. The lia.mentary strategy·whlch'I have heard be for one or more States to cont.cibute to proponents of this compact have failed is that perhaps the Senate should vote education at the school, and it would be completely to meet me on that issue. against my motion, and at a later time 1948 CONGRESSIONAL RECORD-SEN.ctTE 5777

in the debate move to take up some other The.- PRESIDENT pro tempore. The The Sen~tor from Rhode Island .[Mr. . business. Those who .propose that clerk will call the roll. . . GREEN] and the Senator- from Florida strategy- suggest that it would kill the The Chief .Clerk ·called the roll, and .[·Mr. P~PPER] are absent on public busi­ compact for this session of Congress .as the following Senators answered to their ness. effectively as my motion. To my Repub- names: The Senator from Louisiana [Mr. lican coll~agues I wal}t to say that they Ball , Hatch Millikin OvERTON] is absent because of illness. have. an opportunity in connection with Barkley Hawkes Moore The Senator from Mississippi [Mr. my motion to decide directly and .openly Brewster Hayden Morse STENNisl is absent because of a death in whether· d they want to set this compact BridgesBricker HickenlooperHill O'ConorMyers his family. asi e. I hope the vote will not be made Brooks Hoey O'Daniel The Senator from Nevada [Mr. Mc­ on the basis of ·any parliamentary Buck Holland O'Mahoney CARRAN], the Senator from North Caro­ strategy. I hope that we shall not avoid Butler Ives Reed lina [Mr. ·UMSTEAD], and the Senator the responsibility which is ours of pre- · ByrdCain Johnson,Johnston, Colo.S.C. RussellR0bertson, Va..· from New York [Mr. WAGNER] are neces­ venting the establisliment of a bad Capehart .Kem • Saltonstan sarily absent. precedent in the field of American edu- Capper Kilgore Smith Ori this vote the Senator from Rhode cation. I hope. we ·shall make clear that CooperConnally LangerKnowland StewartSparkman _ Island [Mr. GREEN] is paired with the we are against giving to the Federal Gov- Cordon Lodge Taylor Senator from North Carolina [Mr. UM­ ernment any ~uthority over education in- Downey Lucas Thomas, Okla. STEAD]. If p.res~nt and voting, the Sena­ the States or on·a regional basi's. A vote DworshakEastland McFarlandMcClellan Thomas,Tobey Utah· tor from Rhode Island would vote "yea," f or .mY motion is tantamount to giving Ecton McGrat_h ·Tydings and the_Senator from North Carolina such clear notiGe. I consider that tak- Ellender McKellar ... Vandenberg would vote "nay." ing action on the compa.ct by defeati'ng Ferguson McMahon Watkins Flanders Magnuson Wherry The ~enator from New Yol'k [Mr. WAG­ my motion w_ould constitute an accept- Fulbright Malone Wiley NER] is paired on this vote with the Sen­ ance of jurisdiction on the part of the George Martin Williams ator from Mississippi [Mr. STENNis]. If Congress of the United States over edu- Gurney Maybank Young present and voting, the Senator from cation policies in regional schools. I ask The PRESIDENT pro tempore. Sev­ New York would vote "yea," and the Sen­ the Senators from the South where they enty-five Senators having answered to ator from ·Mississippi would vote "nay." think thatprinciple will lead? I am not their names, a quorum is present. The Senator from Louisiana [Mr. completely clear as to the theory o{ the The question is on agreeing to the me­ OVERTON] is paired on this vote with the Senator from Florida [Mr. HoLLAND]. tion of the Senator fr()m Oregon [Mr. Senator from Indiana [Mr. JENNER]. If He is the only Senator I have heard on MoRsEl to refer House Joint Resolution present and voting, the Senator from the other side who has ·intimated that 334 to the Committee on the Judiciary. Louisiana would vote "riay,'' and the Sen­ there is a Federal duty or obligation to Mr. ~NGER. ' I ask for the yeas and ator from Indiari~ would vote "yea." approve this compact. The distinguish- nays, · ed Senator from Utah [Mr·. THOMAS] ·The yeas and nays were ordered and I announce further that on this vote clearly summarized the position of most the Chief C}erk called the roll. ' the Senator from Florida [Mr. PEPPER] of the proponents of the compact when,· Mr. WHERRY. I announce that the is paired with the Senator from Vermont with his usual forthrightness, in answer . Senator from Vermont [Mr. AIKEN] who . [Mr. AIKEN]. If present and voting, the to a question put by me he admitted that is absent by leave of the Senate on om­ Senator from Florida would vote "nay," there is no necessity for Congress to ap- cial business is paired with the Senator and the Senator from Vermont would prove ·the compact. frQm Florida [Mr. PEPPER]. If present vote "yea." I ·want to say to -the Senators from and voting, the Senator from Vermont The result was announced-yeas 38, Virginia, - West Virginia, Vermont and would vote "yea," and the Senator from nays 37, as follows: . . ·New ·Hampshire that those four · states Florida would vote "nay." YEAS-38 alreac;iy give us two good precedents for The Senator from Connecticut [Mr. Ball . . Ferguson . Millikin not approving this ·comp-act. Those BALDWIN] is absent by leave of the Senate Barkley Flanders Morse · Brewster Gurney Myers States have arrangements between them.: on public business. If present and vot- · Bricker Hickenlooper Reed selves which have never been approved , ing, the Senator from Connecticut would Bridges Ives Robertson, va. Brooks J'ohnson, Colo~ Saltoristall by Congress. In the case of Virginia and vote "yea." Buck Langer Smith West Vir~inia their agreement is for The Senator from South Dakota [Mr. Butler Lodge Taylor the use of an educational institution at BusHFIELD]. the Senator from WJsconsin Capper Lucas Tobey Richmond. In the case of Vermont and [Mr. McCARTHY], and the Senator from Cooper ·McMahon Vandenberg Cordon Magnuson Wherry New Hampshire, I am told, it covers the West Virginia [Mr. REVERCOMB] are Downey Malone Williams joint use of a penitentiary. Those are necessarily absen_t -· • Dworshak Martin precedents against the necessity of ap- The Senator from Missouri [Mr. DoN- NAYS-37 proval of ·this compact by this body. I NELL] is absent by leave of the Senate. Byrd Hoey O'Daniel say that there has never been presented The Senator from Indiana [Mr. JEN­ Cain Holland O'Mahoney in the debate a single prec~dent which NERJ,. who ~s absent on ofilcial business, Capehart Johnston, S. C. Russell · justifies our taking jurisdiction over a is Paired w1th the Senator from Louisi­ Connally Kem Sparkman Eastland Kilgore Stewart subject matter such as is contained in ana [Mr. OVERTON]. If present and vot­ Ecton Knowland Thomas, Okla. the compact. In the interest of keep- ing, the Senator from Indiana would vote Ellender McClellan Thomas, Utah ing State rights in education pratected "yea," and the Senator from Louisiana FUlbright McFar-land Tydings George McGrath Watkins I say that this particular proposal would vote "nay." Hatch McKellar Wiley should be referred to the committee for The Senator from Wyoming [Mr. RoB- Hawkes Maybank Young further consideration and study. ERTSON] and the Senator from Iowa [Mr. Hayden Moore The PRESIDENT pro tempore. All WILSON] are absent on ?filcial business. Hill O'Conor time under tne unanimous-consent The S~nator from Ohio [Mr. TAFT] is NOT VOTING-21 agreement.has expired. necessarilY. absent. If present and vot- Aiken McCarran Stennis Baldwin McCarthy Taft Mr. WHERRY. A parliamentary in- !~g, ~~e Senator from Ohio would vote Bushfield Murray Thye quiry. yea. . .. Chavez Overton Umstead The PRESIDENT pro tempore Th The Senator from Minnesota [Mr. Donnell Pepper Wagner senator will state 1t. · e THYEJ is absent by leave of the Senate. Green Revercomb . White Mr WHERRY Th h f , k If .Present and voting, the Senator from Jenner Robertson, Wyo.Wilson . · . . e our o 4 o c1 oc Mmnesota would vote "yea " . So Mr. MoRSE'S motion was agreed to, haVIng arnved, would it be out of order The Senator from Maine rMr WHIT ] and House Joint Resolution 334 was re­ to suggest the absence of a quorum? is absent. because of illness · E ferred to the Committee on the Judi­ ~e P~ESIDENT pro tempore. The Mr. LUCAS. I announ~e that the ciary. Chair thmks the suggestion of . the ab- Senator from New Mexico [Mr CHAVEZ] sence of a . quorum is always in order. and the Senator from Mont~na [Mr MESSAGE FROM T:;:iE HOUS; Mr. WHERRY. I suggest the ab- MURRAYf are . absent by leave of th~ A message from the House of Repre­ · _sence ot a quorum. Senate. sentatives, by Mr. Chaffee. one of its 5778 CONGRESSIONAL RECORD-SENATE MAY 13 reading clerks, announced that the ftcation of the World Health Organization .racially eligible for naturalization, and for House had agreed to the report of the do so in the interest of world unity; to the other purposes; to the Committee on the Committee on Labor and Public Welfare. Judiciary. committee of conference on the disagree­ S. 2669. A bill to amend section 631 (b) ing votes of the two Houses on the REPORTS OF COMMITI'EES of title 5, United States Code, by adding- a amendinents of the Senate to the bill The following reports of committees new subsection, to be cited as subsection (c) ; to continue the Joint Commit­ passed this important bill; and BILLS AND JOINT RESOLUTION tee on Housing beyond March 15,- 1948, "Whereas the State of New Jersey and many INTRODUCED and for other purposes, was referred to other States have repealed State taxes and the Committee on Banking and Cur· restrictions on manufacture and sale of col­ Bills and a joint resolution were in­ rency. ored margarine; and troduced, read the first time, and, by "Whereas prompt enactment of the bill now unanimous consent, the second time, and PART ll OF ADDRESS BY HENRY WALLACE pending in the United States Senate will referred as follows: AT PENNSYLVANIA PEOPLES' CONVEN­ mean immediate and substantial savings to TION By Mr. MARTIN: ~ every fam:ily in the United St~tes and will [Mr. TAYLOR asked and obtained leave to make available a wholesome and healthful S. 2666. A bUI to extend the benefits of the United States Employees• Compensation have printed in the RECoRD part II of an ad­ food to the people of the United States at a dress delivered by Han. Henry A. Wallace at· reasonable price: Therefore be it Act of September 7, 1916, to active-duty , members of the Civil Air Patrol, and tor the Pennsylvania Peoples' C"nvention on "Resolved by the House ot Assembly of the other purposes; to the Committee on Labor. March '1, 1948, at York, Pa., which appears in State of New Jersey (the senate concurring): and Public 'Welfare. the Appendix.] "1. That the United States Senate be me­ s. 2667. A bl.ll to amend and supplement COMMENTS ON EXCHANGE OF DIPLO­ morialized to pass the blll to repeal the pro­ section 2 of the act approved August 30, hibitive tax on colored margarine. 1935, relating to the construction and financ­ MATIC NOTES WITH RUSSIA "2. That a copy of this resolution be im­ ing of toll bridges over the Delaware River [Mr. HATCH aslted and obtained leave to mediately forwarded to the Secretary of the by the Delaware River Joint Toll Bridge have printed in the REcoRD a letter entitled United States Senate and to the Senators Commission of the Commonwealth of Penn­ "Negotiating With Russia," written by Louis . representing the people of the State of New sylvania and the State of New Jersey; to the Fischer and published in the New York Jersey." Committee on Public Works. Times of Thursday, May 13, 1948; an editorial A tesolution adopted by the United States­ By Mr. L_ANGER: entitled "Deeds, Not Words," published in Mexico Border Public Health Association, S. 2668. A btll to authorize the admission the New York Times of May 13, 1948; an Laredo, Tex., recommending that countries into the United States of persons of races article entitled "Note to Molotov Put United that have not completed application and rati- indigenous to Indochina, to make them States on Recore( With Denial of ERP Ag- 1948 CONGRESSIONAL RECORD~SENATE 5779 gression Moves," written by Constantine bill 5933 to permit the temporary free $300 in the amount of entry admitted, Brown and published in the Washington importation of racing shells, and ask for as was stated in the discussion before Evening Star of May 12, 1948; and an edi· torial entitled "Up to Russia," published in its immediate consideration. the Senate. . So I move the adoption of the Washington Evening Star of May 12, The PRESIDENT pro tempore. The the conference report. 1948, which appear in the Appendix.] report will be read. The PRESIDENT pro temporer The The conference report was read as question is on the motion of the Senator GEN. DOUGLAS MAcARTHUR-ADDRESS BY follows: from-Maine. WARREN E. WRIGHT The report was agreed to. [Mr. WHERRY asked and obtained leave The committee of conference on the dis­ to have printed in the REcoRD a radio ad­ agreeing votes of the two Houses on the CLINTON P. ANDERSON-ARTICLE BY dress on Gen. Douglas MacArthur, delivered amendments of the Senate to the blll (H. R. DREW PEARSON by Warren E. Wright at San_ Antonio, Tex., 5933) to permit the temporary free importa­ Mr. HATCH . . Mr. President, the on April 15, 1948, which appears in the tion of racing shells, having met, after full newspaper column entitled "Merry-Go­ Appendi:X:.) and free conference, have agreed to recom­ mend and do recommend to their respective Round," written by Mr. Drew Pearson ' LEAVES OF ABSENCE Houses as follows: _ and published qaily in many newspapers Mr. AIKEN asked and obtained con­ That the House recede from its disagree­ throughout the country; is not often in­ sent to be absent from the Senate until ment to the amendment of the Senate to the serted in the CONGRESSIONAL RECORD, ex­ Monday next. text of the blll and agree to the same with cept on occasions when some Member of Mr. WILEY asked and obtained con­ an amendment as follows: In lieu of the mat­ Congress places it in the RECORD for the ter proposed to be inserted by the Senate purpose of sharply and sometimes bit­ sent to be absent from the Senate to­ amendment to the text of the blll insert the morrow. terly disagreeing with the contents of following: some particular article. Whether true CIVIL FUNCTIONS OF D:&PARTMENT OF "SEC. 2. (a) Paragraph 1798 of the Tariff or not, it is generally believed that Mr. ARMY APPROPRIATION BILL, 1949 Act of 1930, as amended, is hereby amended by inserting, after the sixth proviso, the fol­ Pearson's writings in the Merry-Go­ Mr. WHERRY. Mr. President, I move l.owing: 'Provided further, That in addition Round are, as a rule, more critical of that the Senate proceed to consider to the exemption authorized by the fourth Members of Congress and other. officials House bill 5524, making appropriations preceding proviso, a returning resident who than. they are complimentary. for civil functions administered by the has remained beyond the territorial ll,mits of However, today I read the Merry-Go­ Department of the Army for the fiscal the United States for a period of not less than Round as it appears in this morning's twelve days, shall be permitted to bring into year ending June 30, 1949, and for other the United States up to but not exceeding Washington Post. Somewhat to my sur­ purposes. $300 in value of articles (excluding distilled prise, but greatly to my gratification, I The motion was agreed to, and the spirits, wines, malt liquors and cigars) ac­ find that today Mr. Pearson indulges in Senate proceeded to consider the bill quired abroad by such resident of the United no critical or caustic remarks. On the making appropriations for States as an incident of the foreign journey contrary, the b.rticle is l:lighly commend­ pivil functions ·administered by the De­ for personal or household use or as souve­ atory of former Secretary of Agriculture partment of the Army for the fiscal year nirs or curios, but not bought on commission Clinton P. ·Anderson. It is entitled ending June 30, 1949, and for other pur­ or intended for sale, free of duty: Provided "Italy Victory Credited to Anderson." further, that any subsequent sale, within poses, which had been reported from the . three years after the date of the arrival of Mr. Pearson says, and I think . quite Committee on Appropriations, with such returning resident in the United States, truthfully, that if Secretary Anderson amendments. of articles acquired and brought into the had not made a vital decision on farm Mr. WHERRY. Mr. President, the dis­ United States pursuant to the provisions of policy at the end of .the war, "starvation tinguished Senator from Maine [Mr. the immediately preceding proviso s~all sub­ and communism both would be rampant BREWSTER] is about to present a confer­ ject the returning resident declaring the in Italy today." ence report, but before tpat is done I articles to . double the import duty which The article continueS: would have been collected had this addi­ wish to announce to the Members of the tional exemption not been in effect: Pro'IJided Few people know about that decision. It Senate that after certain matters have further, That the additional exemption au­ came at the end· of the war when American been attended to we will.take up the nom.:. thorized by the second preceding proviso farm leaders had visions· of farm surpluses ·inations on the Executive Calendar. To shall apply only to articles declared in ac­ and fall1ng prices. Wanting to avoid a farm slump, the killing of little pigs, and the one of the nominations _there will be ob- cordance wi~h regulations to be prescribed jection and some debate will be had on .by.the Secretary of the Treasury by such re­ plowing under of cotton, farm leaders urged turning residel!t who has not taken advan­ less production. · it. So I ask Senators to remember to be But Secretary Anderson said "No." in their seats when the Executivec- Cal­ tage of the said exemption within the six­ month period immediately preceding his re­ This was a tough decision to make. For ·endar is reached. · turn to the United States.' 1f Anderson was wrong, it meant that he Mr. WILEY. Mr. President, as I have "(b) The amendment made by subsection would be cussed out by farmers for years to previously stated, I expect to be absent (a) shall be effective with respect to articles come. Carefully he read the reports of, from the Senate tomorrow. In that con­ declared on or after the day following the David Houston~ Secretary of Agriculture nection, in view of the fact that recom­ date of enactment of this act." under Woodrow Wilson, for guidance. Hous­ ton gave him none. mittal seems to be the order of the day, And the Senate agree to the same. Nevertheless, Anderson finally demanded 'I wish to say that I understand that to­ That the House recede_ .from its disagree­ that farmers increase, not decrease produc­ mprrow a motion will be made to recom­ ment to the amendment of the Senate to the tion-which is the bige-reason why we have mit the civil-functions appropriations title of the bill, and agree to the same. had enough grain to feed Europe. bill. None of us can be consistent all EUGENE D. MILLIKIN' I o. BRkWSTER, Mr. President, I am glad that Mt. the time. Whereas I was against re­ ALBEN W. BARKLEY, committal today, I shall be for recom­ Pearson knew about this decision which Managers on the Part of the Senate. was reached by Secretary Anderson and mittal tomorrow, and I want the RECORD DANIEL A. REED, to show accordingly. I trust that if the which has had such a beneficent result ( . RoY 0. WOODRUFF, in preserving the freedom and integrity civil-functions appropriation bill goes BERTRAND W. GEARHART, over until Monday, I shall be priviliged R. L. DauGHTON, of the Italian people. Other incidents to be present to state why I feel that I JERE COOPER, are set forth which clearly reflect the am justified in voting for recommittal Managers on the Part of the House. ability with which Mr. Anderson served on Monday, just as I stated today that I as Secretary of Agriculture. I shall not felt justified in keeping before the Sen­ The PRESIDENT pro tempore. Is discuss them now, except · to add that ate the joint resolution which we were there objection to the present considera­ Secretary Anderson did make a most discussing, tion of the conference report? enviable record as Secretary of Agricul­ There being no objection, the Senate ture and also as a Member of Congress TEMPORARY FREE IMPORTATION OF proceeded .to consider the report. when he served in the House as a Repre­ RACING SHELLS-CONFERENCE RE­ Mr. BREWSTER. Mr. President, I sentative from my State. PORT may say that the only material change I am glad to ask unanimous consent Mr. BREWSTER. Mr. President, I in the amendment adopted by the Sen­ that the entire article be printed in the present the conference report on House ate was in the reduction from $500 to RECORD. ....

5780 " CONGRESSIONAL RECORD-SENATE MAY 13

There being no objection, the article The end of the war also found the United the United States, under ~ the provisions of was ordered to be printed in the RECORD, States Commodity Credit Corporation with section 11, National Defense Act, as amended, 7,500,000 bales of surplus cotton. Not only and title V, Officer Per~onnel Act of 1947; as follows: was the taxpayer likely to be. stuck for this Ernest A. Brav, and sundry other persons, MERRY-Go-ROUND-ITALY VICTORY CREDITED cotton, but the surplus had a depressing for appointment in the Regular Army of the . TO ANDERSON effect on the market. United States; (By Drew Pearson) So .Aiiderson conceived the idea of se111ng Albert N. Abelson, and sundry other per­ (EDIToR's NoTE.-Clinton Anderson, retiring It to Japan and Germany for the m~nU:fac­ sons, for appointment in the Regular Army Secretary of Agriculture, today receives the ture of textiles. Both countries needed a and Regular Air Force of the United States; brass ring from Drew Pearson, good for one nonwar industry, and textiles were the best First Lt. John Edward Lineberger, and sun­ free ride on the Washington Merry-Go­ answer. Anderson sold-Japan and Germany dry other officers, for promotion in the United Round.) the cotton; the American farmer benefited; States Air Force; · Several editors have said some nice things Europe and Asia got badly needed clothing. Capt. William M. · Angas, Civil Engineer . Corps, United States Navy, for temporary and about this columnist in connection with the SUGAR SALESMANSHIP permanent appointment to the grade of rear Italian elections. However, the real man One of Anderson's greatest triumphs was who won the elections stepped out of the admiral in the Civil Engineer Corps of the his purchase of two CUban sugar crops at the Navy; Truman Cabinet this week and went back to same time. Sugar then was scarce, and in Capt. Andrew G. Bisset, Civil Engineer New Mexico to run for the United States order to keep prices down he wanted to buy Corps, United States Navy, for temporary ap­ Senate. both the 1946 . and 1947 Cuban crops. But pointment to the grade of rear admiral in the For if Secretary of Agriculture Clinton An­ the Cubans said "No," and Agriculture De­ Civil -Engineer Corps of the Navy; derson had not made a. certain, vital decision partment emissaries got nowhere with them. Wendell C. Thompson and sundry other regarding farm policy at the end of the war, Finally, Anderson, himself, went to Cuba, officers for permanent appointment in the starvation and communism both would be called on President Grau San Martin. Supply Corps and Civil EJ?-gineer Corps of rampant in Italy today. "This is a situation where Cuba can win the Navy; Few people know al:>out that decision. It the good will of the United States for a long Paul F. Abel and sundry other midship· came at the end of the war when American time," he told the Cuban President. "Cuba. men to be ensigns in the Navy; farm leaders had visions of farm surpluses faces the alternative of having sugar prices Louis E. Woods and several other otncers and falling prices. Wanting to avoid a farm shoot way up, then come down with a crash­ for appointment to permanent grade in the slump, the kUling of little pigs, and the plow­ or of keeping them steady. A boom and Marine Corps; ' Ing under of cotton, farm leaders urged less bust such as after the last war isn't going William T. Clement for appointment to production. to do you any good. But lf you cooperate the temporary grade of major general in the But Secretary Anderson said "No." with us now, we'll remember it." Marine Corps; This was a tough decision to make. For President Grau said he agreed, but that Harry B. Liversedge for appointment to lf Anderson was wrong, it meant that he Cuban workers were afraid the price of the temporary grade of brigadier general in- would be cussed out by farmers for years to United States wheat, lard, etc., would go the Marine Corps; and . come. Carefully he read the reports of David up, so they would find themselves paying PhUip J. Costello and 1Sundry other war­ Houston, Secretary of Agriculture under more while sugar sold for the same low rant officers now serving in temporary com· Woodrow Wilson, for guidance. Houston price. So Anderson proposed an escalator missioned ranks, to be permanent commis­ gave him none. clause by which the price of sugar would sioned warrant officers in the Marine Corps. Nevertheless, Anderson finally demanded Increase if the cost of American lard and that farmers increase, not decrease produc­ wheat increased. · The PRESIDENT pro tempore. If tion-which is the big reason why we have The President of Cuba agreed. In 72 hours there be no further reports of commit­ had enough grain to feed Europe. Anderson had closed a deal which other tees, the clerk will state the nominations in NO PICTURE FARMER emissaries had not been able to sign 6 weeks. on the Executive Calendar. Clint Anderson has been one of the most EXECUTIVE SESSION WAR ASSETS ADMINISTRATION refreshing and variegated personalities in the turbulent Truman administration. The PRESIDENT pro tempore. Is The legislative clerk read the nomina­ He has a cattle ranch back in Albuquerque, there any further business before the tion of Jess Larson to J:>e War Assets has made a lot of money at Insurance, voted Senate? If not, without objection, the Administrator. against all insurance measures in the House Senate will proceed to the consideration Mr. TYDINGS. Mr. President, I of Representatives. of executive business . . . should like to address myself to this Though wealthy he has made some of the most effective speeches in Congress cham­ EXECUTIVE MESSAGES REFERRED nomination. I will say at the start that pioning labor and blasting lush business I feel that perhaps the nomination will The PRESIDENT pro tempo.re laid be­ J:>e confirmed, but I should like to point profits. FDR was one of his idols. fore the Senate messages from the Presi­ Coming. to New Mexico from South Dakota out certain facts which the Senate ought because of lung trouble, Anderson first dent of the United States submitting to take into consideration in passing worked for. the Albuquerque Journal, where sundry nominations, and withdrawing a upon a nomination of this importance. he uncovered the first tip on the Fall-Tea­ nomination, which nominating messages If Senators will give me their attention pot Dome scandal. This was the fact that were referred to the appropriate com- for a few minutes, I shall explain the the then Secretary of the Interior had re­ mittees. , reasons wllich impel me to oppose the ceived a $25,000 stalUon from Harry Sinclair.

5786 CONGRESSIONAL RECORD-SENATE MAY 13 critical of Mr. Larson rather than praise­ Mr. MOORE. But it was done by• the Mr. TYDINGS. Does the Senator worthy. This is wh~t the critical part Administration. J:l:lean the present question, or the old was on page 7. I shall not take the time Mr. 'TYDINGS. It was done by the charge? to read it all: Administration; and he ·was the general Mr. MOORE. - The nomination ought A concern interested in purchasing sur­ counsel when they were prepared. He to go back to the committee so that his plus property is, of course, on notice of the was not the Administrator. But when record can be cleared by testimony. foregoing special provisions for small busi­ the bids came in Mr, Larson was the Ad­ Mr. TYDINGS. I should like to hear ness. It must reckon with the fact that the ministrator, and he saw what the terms from some member of the committee. term "small business" is not defined in the were to be in the invitation to bid, and Mr. HOEY. Mr. President, I should act and is subject to interpretation by the disposal agency under regulation No. 10 (sec. what the bids were in relation to those like to make a statement about this 8310.1 (b) (7)). terms. So he had knowledge before he matter. took any action. Mr. TYDINGS. Does the Senator That is where he quit. Then I Said, Mr. MOORE. He has been Acting want the floor in his own right? "Well, rea,d on, Mr. Larson," and this is Administrator for many months, has he Mr. HOEY. Yes. I am a member of what the report said: not? t he committee. I heard all the testi­ But it is entitled to have the discretion Mr. TYDINGS. Yes. I have been mony on all sides, and I wish to make ·a left by the act and the regulation to the dis- trying to get him to straighten this statement when the opportunity comes. posal officer exercised with reason and with matter out, and ask for new bids. business fairness. And where the disposal Mr. McCLELLAN. , Mr. President, will officer, by establishing and publishing terms Mr. MOORE. His appointment has the Senator yield? · of disposition which include no provision been held up _by the committee, has it Mr. TYDINGS. ' I yieid. for singling out a small business, repre- not? · Mr. McCLELLAN. The chairman of sents that for a particular transaction the Mr. TYDINGS. The chairman was the committee is not' present. Whatever price bid, not the relative size of the bidders, kind enough, duririg the time I was in the charges were in Oklahoma, perhaps is to be the basis for an award, the .bidders the hospital, to hold it up until I . could they reached our committee through the should be entrtled to rely on the representa- get back, and until such time as I felt tion in the absence of plain and unmistak- Senator from Oklahoma. I do not re­ able reasons under the la"!' for not carrying that I had regained sufficient vigor to call. But when those charges came be­ out the representation. . · - present the case. fore our committee, the chairman of the Mr. Larson, to quote him exactly, said - ~r. Mlina was on the subcommit­ of Commerce, as he was obliged to do, to iq. my opinion. However, certain rna­ tee. The subcommittee went into the determine whether these businesses were terial was sent to me from Oklahoma, charges and fully satisfied itself. It re­ big or little businesses, and he was told containing complaints-about his conduct ported to us that they were baseless and by the Department of commerce that there several years ago. that it wouid be a waste of the ti~e of the American Potash & Chemical Corp., Mr. TYDINGS. I received the same the committee to hold extensive hearings the high bidder, should not be consid- ~omplaints . I did not use the· material. on them. That is the way the subcom­ ered, for the reason that it did not qual- Mr. MOORE. I filed the complaints mittee felt about it. ify as small business. Am I correct in with the committee. I want my posi- .If the Senator will further yield, I that statement? tion to be understood, since Mr. Larson should like to make one further state­ Mr. TYDINGS. That is correct. is from my State. I filed the complaints ment. Mr. MOORE. The complaint the Sen- with the committee and notified those Mr. TYDINGS. Before I yield further ator is making is that that provision was who made the complaints that they to the Senator, I should like to have the not included in the proposition made to would have an opportunity to be heard. RECORD show that the Senator from bidders. I believe that the nomination has been Maryland, when he was before the com­ Mr. TYDINGS. Many things have held up for a long time so that they mittee, never in any way, manner, shape, been sold ·by the Government with re- might be heard. So far as I know, they or form referred to the charges which spect to which the question of small busi- have never asked to be heard by the were then in his possession, because ness did not enter. Small business is committee. frankly, he called the Senator from not defined in the act. ~ The law does Mr. TYDINGS. Whether those Oklahoma and stated that he had no de­ not state whether a capitalization of charges were ever referred to the com­ sire to draw a red herring across the trail $100,000, $1,000,000, or $50,000,000 is mittee or made known to the committee, because he was interested only in this small business. Many times when invi- I am not in a position to say. They transaction. I asked the Senator from tations to bid are invited, there is no had their roots back in Oklahoma. · They Oklahoma whether he knew anything mention of small business. Take the were sent to me. I do not know the per­ about the charges. He stated that cer­ case of the sale of the Big Inch, which sons who sent them, but I understand tain charges had been sent to him, and involved almost $100,000,000. The invi- that one of the complainants was for­ that he had sent them to the committee. tation to bidders stated that if the bids merly a high officer in the State govern­ So the Senator from Maryland made no were not acceptable they would all be ment. reference of any kind, in any manner, thrown out and new bids would be asked I did know about this particular trans­ shape, or form to anything except the for, or the right was reserved to negoti- action. I do not want to sinear Mr. question which is now before us. ate with the highest bidder, on the the- Larson. I have not a thing in the world Mr. McCLELLAN. Mr. President, will ory that he would probably be willing against him. I would rather do · him the Senator further yield? to pay a price nearer the cost. So when a good turn than a bad one. This ques­ Mr. TYDINGS. I ·yield. invitations for bids were sent out, every tion has to do with his fitness to hold Mr. McCLELLAN. In that connection, bidder had a right to rely on the assump- the office for which he has been nomi­ if Senators are disturbed about whether tion that the question of small business nated. there is anything against Mr. Larson's would not enter into the problem. Mr. MOORE. If the Senator will name so far as the Oklahoma charges are Mr. MO.ORE. Does the Senator com- allow me to make a suggestion; I have a . concerned, I think the committee was plain because Jess Larson submitted the high regard for Mr. Larson, but I do not wholly satisfied in that regard. question to the Department of Commerce know anything about his past record. Mr. MOORE. Mr. President, will the for information? · Nothing has been done about that. Senator yield? Mr. TYDINGS. As I understand, Jess However, I think it is in the interest of Mr. TYDINGS. I yield. Larson himself did not prepare these in- Mr. Larson that this question be cleared Mr. MOORE. I assure the Senator vitations. up. I ~o n~t - represent him. from Arkansas that I did not know a .sol- 1948 CONGRESSIONAL RECORD-SENATE 5787 itary thing except the statement which Mr. McCLELLAN. I understand. I efficiently. Yet I say that if we had been was sent to me. I did not even read the wish to make an observation, and then I one of the two companies making the charges. I heard some conversation shall not take any more time at this point. highest bids, and had been rejected, it about them. I took no part in them, be­ As I have said, I have not read the would not be so easy for us to take the cause all I did was to offer the witnesses testimony since the committee heard it. detached position which Senators take who made the complaint an opportunity I{ there is to be any serious question when they have not been directly in­ which I am sure they would have if they about it, all of us should read it, because volved. It makes a big difference when wanted to come here and testify. I do we are dealing with the question of the you are the loser or the gainer. I think not know a thing about the charges, and confirmation of t:Re nomination of a per­ the Government of the United States I disclaim any knowledge or any opinion son against the character of whom noth­ should see to it that all its constituents, in that respect. ing can be said, so far as I know. All that be they corporate or individual, are Mr. McCLELLAN. Mr. President, will is involved here is a question of discre­ treated with exact fairness, and that its the Senator yield? tion or whether there has been a breach word is religiously adhered to in any Mr. TYDINGS. I yield. of faith. transaction in which· it may be engaged. Mr. McCLELLAN. The Senator from As I see it, when the American Potash Mr. SALTONSTAL.L. Mr. President, North Carolina [Mr. HoEY] was a mem­ Co. failed to qualify, that left only two if the Senator will yield to me, I should ber of the subcommittee which investi­ other bidders. I wish to say-and I be­ like to ask him a question. gated that question~ and he will make lieve the record will reflect this state­ Mr. TYDINGS. Certainly, although I a statement concerning it. ment-that negotiations were carried am prepared to yield the floor. Mr. TYDINGS. I do not think it !s on with the other two bidders, and . Mr. SALTONSTALL. The Senator · fair to Mr. Larson to bring in the other finally it developed that the Columbia from Maryland has stated that he be­ question. No charges have been made Metals Corp. would have financial diffi­ lieves Mr. Larson has . ex'€rcised bad on the floor of the Senate, and whether culty in trying to finance both plants, judgment. Does the Senator say ftat­ the information be good or bad, I do not including the one in Utah, beca1.,1se it footedly that there is any evidence of bad believe that it is a part of this hearing. would require approximately $2,000,000 faith, or is it simply a matter of bad Mr. McCLELLAN. :Mr. President, if to convert this plant in order to adapt it judgment? - the Senator will further yield, I did not to make the fertilizer which each com­ Mr. TYDINGS. I would have to say bring up the question; but since it was pany wished to make there; and some that there are elements in this matter brought up, I felt that Mr. Larson was arrangement was worked out with the which certainly lend themselves to a be­ entitled to have the statement made that next highest bidder, whereby it accepted lief that it would not be what might be a subcommittee investigated the question a plant in Oregon, which so far as I know called strictly regular. and felt that there was nothing to the it was satisfied with; I do not think there Mr. President, before I surrender the charges, and that it would not be worth is any testimony that it was not satisfied floor, I wish to make a motion that this taking up our time to go into them. with it. nomination be recommitted to the com­ · I shoula like to point out one f~outher Finally Mr. Larson submitted to the mittee which reported it, with instruc­ thing in connection with the three bids. low . bidder a proposal that if it would tions to investigate further. For in­ Since great emph:asis is being placed upon pay the high bid which had been sub­ stance, I did not know, and there is no the notice to bidders, let me point out mitted, the contract would be awarded evidence before the committee up to that this property had been in the hands to it. · now to show, that the Department of ot the War Assets Administration for 2 Mr. TYDINGS. Mr. President, I am Commerce, Small Business Section, had years or longer, and the administration about to surrender the floor. I simply recommended that this contract be had been trying to sell it. I have not read wish to make this summary: Hundreds awarded to the Columbia Metals Corp. the record ef the hearings, but I under­ of invitations for bids which were sent From Mr. Larson's testimony, I was made stand that bids have been received on out in connection with surplus property to believe that the Department of Com- this property four or five different times. . had nothing to say about small business. . merce had recommended that the con­ Mr. TYDINGS. That is correct. Hundreds of contracts for surplus prop­ tract be a warded to the Simplot Co. Mr. McCLELLAN. Each time three erties which were taken over by big busi­ But that is not the case. companies bid, but not the American ness were awarded on bids made on invi­ Mr. MALONE. Mr. President, I should Potash & Chemical Corp. It was never tations which had nothing to say about like to ask my distinguished colleague, a bidder on this plant, until this last small business. For instance, the Big the Senator from Maryland, whether time. Only the three companies which Inch pipe line comes to my mind, because there was any difference between the pro­ had been bidding on the plant previously the Armed Services Committee, of which posed method of payments, and whether were submitted notices to bid at this I am a member, had to pass on that mat­ the Simplot Co. offered to pay cash. time. So the American Potash Co. evi­ ter, among others. We rejected the dently got the papers and forms which original bid that was made, and got a Mr. TYDINGS. · I shall read that, if had been sent to another company which higher one. the Senator is interested in it. But the had been bidding on the property all In this case there was every reason to answer is "No." The three companies along-a small company, which, as Ire­ believe that either every bid would be had different financing plans. call, qualified as a small business concern, rejected or negotiations would be con­ Mr. MALONE. Then did the Admin­ and submitted its bid. tinued with only the highest bidder. istrator, in the judgment of my distin­ Mr. TYDINGS. Does the Senator However, negotiations were continued guished colleague, violate his oath of know that to be the fact? · with only the lowest bidder. There has office in the action which he finally de­ Mr. McCLELLAN. That is the testi­ never been anything in the testimony to cided to take? In other words, was it mony. show that the Columbia Metals Corp. within his discretion to act as he did? Mr. TYDINGS. Yes; but what does said, "We do not want the plant." Mr. TYDINGS. Of course I do not the Senator mean by a small concern? The difference between the position of think-and I have tried to argue this for Mr. McCLELLAN. As I understood the the Senator from Maryland and the po­ the last hour-that it was within the dis­ matter, Mr. Larson testified as to the sition of the members of the committee cretion of the Administrator to say, "If other company-the one to which a no­ is illustrated by a remark made by the you gentlemen will come in and bid, here tice. was mailed, but which did not sub­ able Senator from North Carolina [Mr. are the terms on which the award will mit a bid the last time, but, instead, the HoEYl, when I was testifying before the be made," and then tear them up, and American Potash Co. bid in its place-as committee. He said, "Granted Mr. Lar­ say, "No; we will do it in another way.'' I recall his testimony, that it was a small son made a mistake, but I do not think I have tried for an hour to prove that concern and was eligible, and had this we should reject him on this one mis­ point. bid been from it, the contract would have take-granted that he has made a mis­ Mr. MALONE. Mr. President, I am been awarded to it. That is my recollec­ take." familiar with the fact that the sale of tion of the matter. I think that was the attitude of the this plant has been long delayed, but not Mr. President, lf the Senator ·from committee. There is no question in my to the extent of being able to determine Maryland will yield further- mind that the committee members think whether the Administrator went outside :Mr. TYDINGS. Yes, although of this whole transaction is regrettable and his discretion. ' course I wish to conclude. that it ought to have been handled more Mr. TYDINGS. In my opinion, he did. 5788 CONGRESSIONAL RECORD-SENATE MAY 13 Mr. MALONE. At one time I asked presentation of this question to the com- . which. was passed by the Congress and the Administrator the status of Mr. mittee. I think he rendered a distinct . the recommendations of the Commerce James Gallagher's bid for the Columbia public service, because there are many Department, then Mr. Larson could not Metals Corp., a man for whom I have a things not only concerning this matter have considered the bid of the American high regard. But there was some sug­ but about all the dealings of the War Potash & Chemical Corp. He was, there­ gestion that he wanted both plants-both Assets Administration which I think fore, reduced to the necessity of consid­ the one in Utah and the one in Washing­ need to be ventilated and as to which ering the two other bids submitted. ton on the same bid and that the bid did the public needs to know the procedure. As soon as that came about he com­ not qualify. There again I have not When we come down.to this individual municated with Columbia Metals Corp. sufficient information to pass judgment. case, I heard the testimony at all times and gave them· the opportunity to I wish to say for Mr. Jess Larson that covering the whole matter. After con­ say whether or not they wanted to I have the highest regard for him; and in sidering all the testimony, the commit- ' purchase the plant. He told them, "Of comparison with his immediate predeces­ tee reported unanimously in favor of the course, we want to get as much as the sor, I think there is such a contrast with confirmation of the nomination of . Mr; high bid, which was $752,000." In dis­ respect to good administrative practices Larson. cussing the matter, he went into their that there is no comparison whatsoever. Let us consider the situation. The dis­ financial situation sayihg, "Now, you I think Mr. Larson is head and shoulders posal of this property had been under want the plant at Salem, Oreg. Can you above a great many Government officials way for 2 years. One proposition after finance that plant and this plant, both?" who are engaged in Government opera­ another had been submitted, and the bids After some discussion about that and the tions at this time, so much so that I could were finally raised from the original question of increasing the bid, the not let this opportunity pass without say­ $130,000 up to the ultimate figure of Columbia Metals Corp. manager said, . ing that I ·have such a high regard for . $752,000. The last time bids were re­ "I cannot increase this bid without hold­ him, and that I have never known of any quested there were three parties who had ing a meeting of my board of direc­ complaint regarding his administration, previously bid, and the invitation to bid tors. I have no authority to increase it." until now, also that I intend to vote for was sent to those three parties. Mr. Larson said, "It is important to get his confirmation. The invitation was not sent to the this plant in operation, because the time Mr. TYDINGS. Of course, Mr. Presi­ American Potash & Chemical Corp. It is growing short, and if we are going to dent, neither the Senator from Nevada had never before submitted a bid, so it do anything about it we have got to do nor I am qualified to pass on Mr. Larson's did not receive a copy of the invitation it right away." He called in the Simplot administration of the War Assets Ad­ unless it got it from somebody else. It co,.'s representative who said, ''I will ministration. Probably the Senator was not sent to them. raise my bid to $752,000, and I will give from Nevada knows of only one one­ There were three bidders the last time you an answer today that I will take it." hundredth of l .percent of what has taken previous to this taking of bids, and each After discussing the matter with Colum­ place in that Administration, and I know one of them was sent a copy of this in­ bia Metals .Corp. and the Simplot Co., about the same amount. vitation to bid. The American Potash & Mr. Larson conferred with others in­ Mr. MALONE. The Senator is en­ Chemical Corp. received no invitation to cluding several Members of the Hou~e of tirely correct, it is impossible to pass on bid, unless they procured it from the Representatives and several Senators. I more than our opinion of his integrity. other bidders •. who had previously been do not mean that any of them had any A mistake is not so important-question­ bidding on the plant. interest in this at all except they wanted ing his integrity is important. The War Assets Administration had the plant to get under way and into pro­ Mr. TYDINGS; So I know that our had the property appraised in the regu­ duction. It was going to cost about opinion of Mr. Larson's capacity is not lar method by which they apprai~e prop­ $2,000,000 to convert the plant for the worth a continental in any court of e:rty, the appraisal being $611,000. They purpose of manufacturing a high grade judgment. , had continued to -reject bids failing to of phosphate, of which there was a criti­ But I have stated my position regard- . come up to that figure. It was desired cal shortage. ing his exercise of judgment. It makes on the part of everybody concerned that · · After full discussion of the matter,, Mr. no difference whether others agree with the plant be put in operation, because Larson decided to make the award to the me or do not agree with me. I present the purpose was to manufacture high­ Simplot Co. That was done, and the the question to the Senate. _ grade phosphates, which were very seri­ contract executed. The contract pro­ The PRESIDING OFFICER. The ously needed. vides, as the only exception to its being question is, Will the Senate advise 'a:nd When the bid in question was received, put into effect by the Government, that consent to this nomination? it became necessary, under the law if the Justice Department should rule Mr. HOEY. Mr. President, a few passed by the Congress, for the Admin­ that the effect of the award would be to days after this nomination came to the istrator to submit the matter to the Com­ create a mm;opoly, then the Government committee of which I am a member, the merce Department. could refuse to make the award. distinguished Senator from · Oklahoma Now, upon the question of the eligibil­ The Justice Department approved the sent over some charges which originated ity of the bidder. In accordance with award to the Simplot Co., stating that its in the State of Oklahoma. The Senator that law, Mr. Larson submitted the bids control of the plant in question would not from Vermont [Mr. AIKEN], chairman to the Commerce Department. They create a monopoly, the field being open of the committee, appointed the Senator made a report, ruling out the American for all plants operating in that area. from Minnesota [Mr. THYE] and myself Potash & Chemical Corp. After they There are three or four great plants pro­ on the subcommittee. did that, there were but two bids remain­ ducing phosphates of this sort, and the We took the file in this case, and went ing. . The Commerce Department, under entire territory is open. The Justice De­ over it very thoroughly, and investigated the law passed by the Congress giving partment said, "There is no objection on it as fully as we could without having them the power and the authority to do the part of the Department of Justice on witnesses come before us. We had a so, ruled out the highest bidder. the ground of creating a monopoly, to number of pieces of evidence submitted When that bidder was ruled out as not awarding this plant to the Simplot Co." to us. . After going over the case thor­ being small business, the law having Following that ruling the award was oughly, both the Senator from Minne­ provided that preference must be given fully consummated. sota and I were absoll.,Itely satisfied that to the small business, the Small Busi­ The Senator from Maryland has very there was nothing in the Oklahoma ness Committee of the Senate, of which accurately, very intelligently, and ·very charges, and we submitted such a report my distinguished friend the Senator fully presented the matter, both to the to the full committee, and it was unani:.. from Nebraska is chairman, wrote a let­ committee and now Upon the fioor. I mously approved by the committee. ter suggesting that the bid of this small want to thank him, as the committee did, Then came the presentation of this business conc~rn should be accepted. for fully investigating and developing the matter. The Senator from Maryland What happened after that occurred? matter. The committee has also gone [Mr. TYDINGS] was sick at the time, so Mr. Larson called in the Columbia Metals into it very fully. I remember asking the the committee deferred the matter until Corp. and the Simplot Co., the two ·bid­ distinguished Senator this question be­ he recovered and could present it. I ders qualifying before the Commerce De­ fore the committee: "Senator, let us as­ want to say for the Senator that he partment, the only two certified as hav­ sume for the sake of argument that prob­ made a very splendid investigation and ing qualified. If we are to follow the law ably Mr. Larson ought to have awarded 1948 CONGRESSIONAL RECORD-SENATE 5789 this plant to the other company-not Mr. KEM. The Senator from ·North further, allowing time· for the board of the first one, because under the law and Carolina,is asking a question. It seems directors to meet. Then the only ques­ under the regulations of the Commerce to me the question is whether, if a mis­ tion would have been as to whethet the Department it was ruled out. That com-· take was made, it was made in good company would be willing to raise its ·pany, if given more time, might have been faith or in bad faith. · I should like to bid to the amount which the Govern­ able to qualify. They had been awarded ask the Senator whether the Columbia ment did receive . . The appraisal value another plant, the operation of which Metals Corp. was given an opportunity was $611,000, and the Government re­ was likewise essential. Let us assume for to buy the property for $752,000. ceived $752,000 for the plant. the sake of argument that probably Mr. Mr. HOEY. The evidence shows that Mr. BA~KLEY. Mr. President, will Larson ought to have done something the War Assets Administrator -called in the Senator yield? further about it. Is there anything about a representative of the Columbia Metals Mr. HOEY. I yield. to the Senator that that tends to disqualify him for this Corp; and asked hiifl if his company from Kentucky. . position? Or, assuming he made a mis­ would pay $752,000. He replied that he Mr. BARKLEY. inasmuch as the take, would the making of one mistake, could not give an answer. He said, ''I Simplot Co. had agreed on the very day in view of all the problems confronting will have to have a meeting-of my board the matter was submitted to them to the War Assets Administrator, justify the of directors before I can tell you." make a high bid, it is fair to assume that Senate in refusing confirmation? Be·- Mr. KEM. I have one more question, the Columbia Metals Corp., after what­ r cause he failed to exercise the best judg­ Mr. President. Is the Columbia Metals ever delay was necessary, had also agreed ment possible, according to the Senator's Corp. now complaining, or did it ever to make a high bid. The War Assets standards, should he be disqualified?" complain, about the way in Which it was Administrator would still have the dis­ Personally I cannot consent to that, treated? cretion to decide which one should have because, whether we like it or not, or Mr. HOEY. I do not understand that the award, both of them offering to make whether we think it wise or not, the it complained, but I cannot say definitely a high bid, and the Administrator hav­ Congress has provided that certain bid­ with respect to that, because that aspect ing decided to sell to the Columbia Met­ ders shall be eliminated. If they are was not gone into fully. There was a als Corp. the Oregon plant, and assum­ eliminated because of -being_big . and we negotiation with them, and a discussion ing that both of them were equally re­ want small business to have such plants,. of the subject. They were asked whether sponsible financially, would it have _been then certainly in the exercise of good or not they could meet the high bid which a violation of sound discretion, even un­ faith the War Assets Administrator had been submitted, and the representa­ der ·hose circumstances, to have awarded must pw·sue that policy and must make tive of the company said he could not the contract to the company which re­ awards to those who qualify. do so without having a meeting of the ceived it, since the Administrator had One thing more with reference to the board of directors of the corporation, discretion to decide between them? invitation for bids. I mentioned the which would require time and further Mr. HOEY. I think that is a correct fact that an invitation was not sent to information. There was also discussed statement, and I think the committee the American Potash & Chemical Corp. at the same time, the proposition of the took that view of it. I think the whole . I also mentioned that the form for the amount of money which would be re­ examination did not reveal any under­ bid was not written by Mr. Larson. The quired to convert the plant. The repre~ hand dealing. It was all open and above­ bid invitations were sent out before he sentative was told, "You are bidding on board. Everyone had a right to talk ever became Administrator. He never the Salem plant, and I · think your bid about it. The subject was under dis­ saw the bid, never heard of it, in the will be accepted, because it is a high bid." cussion, and it was talked over with rep­ sense of this language in it, until after After a good deal of discussion the com­ resentatives of small business. The de­ the bids were opened. But in this very pany was awarded the Salem, Oreg., cision which was reached, I think, was same bid sent out with this language, plant, and the other plant was awarded the result of honest investigation and the it had the other language, that the War to the Simplot Co. desire on the part of the Administrator Assets Administration reserved the right Mr. HATCH. Mr. President, will the to do what he thought was best under the to reject any and all bids. That was in Senator yield? circumstances. it also. Mr. HOEY. I yield. Mr. TYDINGS. Mr. President, I have Therefore they had the broad right , Mr. HATCH. I was interested in the no desire to prolong the debate. If I to reject any and all bids, notwithstand­ question asked by the Senator from Mis­ may have about 10 minutes I should like ing the language contained in the bids. souri as to whether any complaint was to clear up one or two points which I The same sheet that went out, which made. Did anyone appear, making any think are in obscurity. was not sent to the bidder, because he charges that the company was not fairly I cannot accept all the Implications had never been in the picture before but dealt with? which flow from the assertions made by had evidently obtained the bid form Mr. HOEY. No; there was nothing my distinguished friend from North Caro.:. from the other bidder who retired, had regarding that brought out before the lina [Mr. HoEYJ. First of all, he says the embodied in it the statement that the committee. If anyone had any grievance invitation to bid contained the clause that right was reserved to reject any and all it was not brought before the committee. the Government reserved the right to re­ ·bids submitted by anyone. ' Mr. WHERRY. Mr. President, will the ject any or all bids. That clause is in When we analyze this situation we Senator yield? every proposal, private, and public. Did :find a man who is filling a very difficult Mr. HOEY. I yield to the Senator the Government reject all bids? Did it :Position, having to solve all the problems from Nebraska. ask for new bids? Not at all. Suppose that come before him and having to Mr. WHERRY. The Senator is a the American Potash and Chemical Co. make decisions. Assuming that he prob­ member of the committee. Was the nom­ had not bid at all; the:h suppose, for the ably should have negotiated some time ination reported unanimously? logic of the thing, the price was $635,000. longer to see whether the Columbia Mr. HOEY. Yes. The entire commit­ In other words, a customer was brought­ Metals Corp. could have qualified, yet, tee was not present, but there was a in who, in good faith, made a bid, and the matter having dragged along for 2 quorum of seven present. did not have to write in and say, "Please years, and the plant finally being in Mr. WHERRY. Does the Senator re­ send me one of the invitations to bid. position to reopen and obtain the ma­ call the vote? I want to bid on the plant." The fact that chinery necessary to operate, lie de­ Mr. HOEY. It was unanimous. he received, through some other source, cided he· might as well bring the matter I might say in response to the ques­ one of the invitations to bid, does not im­ to· a close, and he closed it with the tion of the Senator from Missouri that ply any impropriety. I am sure my friend award of the contract. Is there any­ from a full investigation of the matter from North Carolina does not mean to thing in that action which reflects upon I aD;l absolutely firm in saying that I do convey the idea that there is anything the capacity, the integrity, or the judg­ not find anything which reflects upon improper about that. ment of the War Assets Administrator the integrity or the good faith of the · Mr. HOEY. No; not at all. to the extent of denying confirmation? War Assets Aaministrator. I think the Mr. WHERRY. Mr. President, several Mr. KEM. Mr. President, will the only question· that can be raised is, with Senators are waiting to learn' what the Senator yield? regard to whether he made a mistake in procedure will be-- · Mr. HOEY. I yield to the Senator judgment by not pursuing further ne­ Mr. TYDING&. I shall be through in from Missouri. gotiations and dealing with the matter a couple of minutes. 5790 ·coNGRESSIONAL :RECORD-SENATE MAY 13 Mr. WHERRY. I should like- to ask quest of the Senator from Nebraska that ing down prices, and in accordance with the Senator from Maryland if he will the Senate vote at 1 o'clock tomorrow? the law, the Department of Commerce yield so that I may submit a unanimous Mr. BARKLEY. May I ask the Sena­ recommended that the Columbia Metals consent request that when the Senate tor if that is a definite time for a vote, Corp. be given this plant. They never meets tomorrow at noon it agtee to vote 1 o'clock, or not later than 1 o'clock? had an opportunity to meet the $752,000 at 1 o'clock the time to be divided equally · Mr. WHERRY. At 1 o'clock. figure, and in my opinion they should between the proponents and opponents. The PRESIDING OFFICER. ·And the not have been asked to meet it. I make that request so that the Senators Chair understands the· time is to be di­ Mr. EASTLAND. Mr. President, will will now know . what to expect tomor­ vided equally. the Senator from Maryland yield? row. Mr. WHERRY. The time to be divided Mr. TYDINGS. I yield. The PRESIDING OFFICER

UNITED STATES MARSHAL Mr. MALONEY asked and was granted Strachan, president of the Association Roulhac Gewin, of Alabama, to be United permission to extend his remarks in the of the Physically Handicapped:, States marshal for the southern district of RECORD and include a statement. STATEMENT OF PAUL A. STRACHAN, PRESIDENT, Alabama. (Mr. Gewin is now serving in this CE.."qEBRAL PALSY AMERICAN - FEDERATION OF THE PHYSICALLY om.ce under an appointment which eKpired HANDICAPPED, INC. March 24, 1948.) Mr. MUHLENBERG. Mr. Speaker, I We have seen for many years the in­ IN THE MARINE CORPS ask unanimous consent to address the dubitable necessity for special treatment and The following-named oftlcer to be a lieu­ House for 1 minute and to revise and ex­ training of those afilicted by cerebral palsy. tenant co,lonel in the Regular Marine Corps: tend my remarks. Hundreds of cases have come to our atten­ Robert C. Burns The SPEAKER. Is there objection to tion, and the consensus is that medical the request of the gentleman from Penn­ -science and rnethods of education have only The following-named officer to be a first comparatively recently made headway in this lieutenant in the Regular Marine Corps: sylvania: [Mr. MUHLENBERG]? field. There was no objection. There are three primary phases of im­ William E. Bonds Mr . . MUHLENBERG. Mr. Speaker, The following-named oftlcers to be second portance. Medical treatment, including yesterday I introduced a bill to amend therapy, education and training of the in­ lieutenants in the Regular Marine Corps: the Public Health Service Act to provide dividual, and education of the general pub­ Edward R. Carney Jack L. Reed for research and investigation with re­ lic. Of equal importance is special train­ Joseph L. Davis William J. Schreier spect to the cause, prevention, and treat­ ing for parents of cerebral-palsied children. Raymond J. Elledge Donald R. Segner ment of cerebral palsy, and for other We have seen all too many instances where Robert E. Hill George F. Thayer the parents, following the false and often Herbert W. Johnson Chester E. Tucker purposes. Cerebral palsy, often known dangerous trail of "carrying the child on a Elmer H. Keshka Henry M. Walter, Jr. as spastic paralysis, is a form of the dis­ p1llow," have completely ruined any chance Chester J. Krist William J. White ease under which there is a tightening of of inculcating in that child the self-deter­ William H. Macklin Robert C. Whitebread muscles often so severe as to lock the mination, reliance, and energy to carry ant Robert T. Miller muscles in cramp and prevent normal a program of attainment of physical and reaction. It may affect one side only, professional _proficiency. WITHDRAWAL or one limb, or may affect all extremi­ One great diftlculty, also, is public dis­ ties. It often affects tongue and throat crimination against employment of cerebral Executive nomfnation withdrawn from palsied. The average employer evidently feels the Senate May 13 (legislative day of muscles, - causing speech impediment. that a cerebral-palsied person is, as a rule, May 10), 1948: Mentality, howev_er, remains normal, as both incapable and unreliable, and is, there­ is usual in all paralysis cases. POSTMASTER fore, a bad employment risk. It is due largely to the publicity at­ We -have made and- are making strenuous Mr. Alvah P. Saulpaugh to be postmaster . tendant on the Warm Springs Founda­ efforts _to overcome this unfavorable con­ at Red Hook, in the State of New York. tion that this heretofore neglected phase dition, but we fully realize that until some of life of the handicapped has become universal standard of treatment.and training of general interest because that founda­ is applied, the cerebral palsied will lack the means needed to .benefit and fit themselves HOUSE OF REPRESENTATIVES tion, while investigating -and tremen­ for public work. - dously helping cases of infantile paraly­ Therefore, in preparing this bill, we were sis, has found it must use all its resources THURSDAY, MAY l3, 1948 mindful of the n,ecessity for adequate medical on that work and cannot approach the treatment as a prerequisite, and we con­ The House met at 12 o'clock noon. · question of research in or-aid to the sulted the most eminent specialists in the The Chaplain, Rev. James Shera cerebral palsy handicapped. These thus field of cerebral palsy to ascertain their views. remain without help. It is a problem We believe the bill, therefore, represents a Montgomery, D. D., offered the following fair composite of opinion of such specialists. prayer: fruly national in scope and needing na­ tional contribution -in both money and We also· consulted the organizations of Our ever-living God-, to whom we are cerebral palsied (spastics) .because we know talent, and it is for this purpose that the that no one can better understand the dif­ indebted for all things, grant unto us a bill is presented. ' ficulties attendant upon this aftliction than clear conception of the best and highest Recently the Washington papers have those who suffer from it themselves. in public -_ and private -life. May we called attention to the great necessity for We know this measure to be necessary to earnestly strive to measure up to the treatment of these cases, and it is tied the welfare of hundreds of thousands of our principles of the g_reatest Teacher of locally to the work of the Crippled Chil­ citizens, and we therefore urge early and men. dren's Society in Washington, which has favo"rable action by th~ Congress, as well as Guide our Speaker and the Congress done a splendid job under great limita­ al_l organizations, groups, and individuals at with the spirit of wisdom; help us to be inperest, to bring it to speedy and effective· tions of equipment and personnel. Also operation. careful of our words as of our actions, in Washington we have the Goodwill In­ • and as far from speaking ill as_from do­ dustries, which has done a fine piece of A DRAFT OF ONE IN TEN ing ill. Through these critical times, work in assisting those handicapped by Mr. TWYMAN. Mr. Speaker, I ask make us solemnly aware of the challenge cerebral palsy together with those hav­ unanimous consent to extend my re­ that tyranny abroad can be mastered ing other handicaps; but all these local marks in the RECORD at this point.. only by a glorious sense of freedom at efforts depend so much on the enthu­ The SPEAKER. Is there objection to home, with the whole range of our coun­ siasm of a single person and can do so the ·request of the gentleman from Illi­ try as our field of service. In the little with their limited financial re­ nois [Mr. TWYMAN]? Master's name. · Amen. sources that I ·am convinced that their There was no objection. The Journal of the proceedings of yes­ efforts should be united in work on a na­ Mr. TWYMAN. Mr. Speaker, I desire terday was read and approved. tional scale, aided by proper equipment to quote the following editorial which EXTENSION OF REMARKS and guided by those too few outstanding appeared in the Chicago Daily Tribune specialists who have made this study a on Wednesday, May 12: Mr. SMITH of Wisconsin asked and life work. Almost all the patients can be was granted permission to extend his A DRAFT OF ONE IN TEN physically reeducated to a useful posi­ It isn't easy to know just how many addi- · remarks in the Appendix of the RECORD tion in life, and the relatively small sums tional men the draft is expected to furnish in two instances and include two ad­ which will be used for research would be to the Army, Navy, and Air Service. The dresses. repaid to the citizens of the United States other day somebody was talking about Mr. PATTERSON asked and was many times over by the rehabilitation of 700,000. A few weeks ago the figure was granted permission to extend his re­ these presently neglected handicapped 200,000. A Senate committee on Friday marks in the RECORD and include an ar­ persons and by the contribution of their adopted 350,000 as its goal. ticle from the Bridgeport