19510 EXTENSIONS OF REMARKS June 13, 1973 hours. Senators are alerted to the fact, I AMBASSADORS DEPARTMENT OF COMMERCE repeat, that probably there will be sev­ John Hugh Crimmins, of Maryland, a For­ John K. Tabor, of Pennsylvania, to be eral yea-and-nay votes tomorrow. eign Service Officer of the Class of Career Under Secretary of Commerce. Minister, to be A~bassador Extraordinary Tilton H. Dobbin, of Maryland, to be an and Plenipotentiary of the United States of Assistant Secretary of Commerce. ADJOURNMENT UNTIL 11 A.M. America to Brazil. TOMORROW Ernest V. Siracusa, of California, a Foreign u.s. COAST GUARD Service Officer of Class 1, to be Ambassador The following named officers of the Coast Mr. ROBERT C. BYRD. Mr. President, Extraordinary and Plenipotentiary of the Guard for promotion to the grade of rear if there be no further business to come United States of America to Uruguay. admiral: before the Senate, I move, in accord­ THE JUDICIARY Glen 0. Thompson John B. Hayes ance with the previous order, that the William H. Webster, of Missouri, to be a Julian E. Johansen Robert H. Scarborough Senate stand in adjournment until 11 U.S. circuit judge, eighth circuit vice Marion Abe H. Siemens a.m. tomorrow. C. Matthes, retiring. Harold James Barneson, Jr., of the U.S. ... ohn F. Nangle, of Missouri, to be a U.S. The motion was agreed to; and at 5:16 Coast Guard Reserve, for promotion to the p.m., the Senate adjourned until tntJ'lor­ district judge for the eastern district of Missouri vice William H. Webster. grade of rear admiral. row Thursday, June 14, 1973, at 11 a.m. (The above nominations were approved subject to the nominees' commitment tore­ NOMINATIONS CONFIRMATIONS spond to requests to appear and testify be­ Executive nominations received by the Executive nominations confirmed by fore any duly constituted committee of the Senate June 13, 1973: the Senate June 13, 1973: Senate.)

EXTENSIONS OF REMARKS dustry group (known as Louisiana Offshore amount he said is comparable to the daily LOUISIANA IS READY FOR THE Oil Port Inc.-LOOP) said the port would production of the thousands of producing SUPERPORT utilize up to five floating single-point moor­ wells offshore Louisiana. Ultimately the pro­ ing buoys (SPMs) constructed in Gulf of posed terminal would have a throughput ca­ Mexico Waters 21 miles south of Bayou pacity of more than 4 million barrels a day, HON. DAVID C. TREEN Lafourche. or almost 25 percent of the entire Nation's OF LOUISIANA He said all offshore works would be situ­ daily oil consumption. IN THE HOUSE OF REPRESENTATIVES ated in about 110 feet of water. Read said LOOP would like to begin con­ Superport Authority chairman Andrew struction of the terminal in mid-1974 and Wednesday, June 13, 1973 Martin said the proposal will be taken under anticipate limited operation by mid-1976. Mr. TREEN. Mr. Speaker, as a sponsor advisement. Utilization of the SPM system offshore of H.R. 7501, an administration-sup­ Before approval can be given to the LOOP Louisiana is proposed because it has proven proposal, the Superport Authority must sound in more than 100 locations around the ported bill which would facilitate the mal{e an environmental impact study which world, he said, many of which have wind and construction of deep sea ports, I am is now underway. During the meeting at The current conditions similiar to those in the pleased to see the leadership which is Rivergate, authority executive director P. J. Gulf of Mexico. coming from my State of Louisiana in Mills said that a $50,000 economic impact Read estimated that using the SPM sys­ the development of the superport. study is also to be undertaken immediately. tem, the offshore port will be able to operate In recent articles by Mr. Sam Hanna, Mills said $20,000 will be put up by the 90 percent of the time in weather conditions ·of the New Orleans' States-Item, and Louisiana Science Foundation; $22,000 by generally found in the Gulf of Mexico. Mr. Paul Atkinson of the New Orleans LOOP; and the remaining $8,000 by the Su­ "Because of their design, SPMs are less Times-Picayune, the question of a Loui­ perport Task Force. Gulf South Research In­ vulnerable to hurricane damage,'· said Read. stitute and Kaiser Engineers will make the "They allow quick reaction on the part of siana superport is discussed. study. unloading supertankers to threatening Mr. Speaker, I believe these articles For the first time, Read unveiled current weather. In the event of a collision with the illustrate that with a total effort a solu­ thinking of the combine of oil companies. SPM, a tanker will simply ride over the iloat­ tion to the problems surrounding the He said they will have onshore storage on a ing buoy with a little likelihood of serious superport can be found; and that acad­ portion of 1,600 acres leased near the mouth damage to either." emicians, environmentalists, business of Bayou Lafourche in Lafourche Parish. Speaking of onshore storage Read said the leaders, as well as local and national The tank farm would be connected by an­ tank farm complex would be designed to political figures can work together other 80-mile pipeline to the St. James ter­ handle a number of different kinds of crude minal of the Capline, one of the world's larg­ oil and may ultimately be capable of storing harmoniously. However, it is now the est crude oil pipelines. 50 million barrels of oil. time for Congress to act, so that super­ Capline, with a potentially daily capacity "The proposed location of the tank farm port proposals, like that of Louisiana, can of 1.2 million barrels of crude oil, serves re­ complex was selected from among a number become a reality. As a member of the fineries throughout the Midwest, as far north of alternatives, the most important consider­ Merchant Marine and Fisheries Com­ as Chicago, Ill. ation being its potential impact on coastal mittee, one of the three House commit­ During a news conference after his presen­ tation, Read readily admitted that location wetlands environment," Read told the tees with jurisdiction over this question, of the 80-mile pipeline could have an effect authority. I will do all I can to make the superport on the environment. "The existence of firm sand foundation in a reality. He said a 60-foot-wide canal six to eight much of the area will allow minimal land In my continuing effort to inform my feet deep will be needed to service the large fill, and thus minimal construction impact. colleagues of superport developments I diameter pipeline. He said the pipeline would The facility avoids existing oyster leases, and am inserting in the CONGRESSIONAL be larger than 48 feet wide. is in an area of general development that in­ RECORD some recent articles on this "Probably half of the 80-mile distance will cludes roads sufficient to meet operating be serviced by a canal," said Read. "There needs." subject for their benefit: are existing canals that we are considering The LOOP timetable calls for a permit ap­ [From the New Orleans Times-Picayune, using." plication by September, 1973, and possible Mar. 31. 1973] "It is one of the critical phases of our proj­ approval by spring of 1974. OIL PORT IS URGED BY INDUSTRY GROUP­ ect, this picking out the pipeline location to Member companies of LOOP are Ashland $278 MILLION PROJECT WOULD BE BUIL'l' minimize its effect on the estuarine area." Oil Inc., Chevron Pipe Line Co., Exxon Pipe Read said his group is working with the OFFSHORE LoUisiANA Line Co., Marathon Oil Co., Murphy Oil Corp., (By Paul Atkinson) Louisiana State University Center for Wet­ land Resources to select the best site that Shell 0\.l Co., Tenneco Oil Co., Texaco, Inc., A corporation representing 13 major oil will do the least environmental damage. Toronto Pipe Line Co., Union Oil Co. of Cali­ companies Friday asked the Louisiana Super­ Read said the facility is being designed to fornia, Clark Oil and Refining Corp., Stand­ port Authority to consider adoption of its ard Oil Co. of Ohio and Texas Eastern Trans­ proposal to build a. $278 million offshore oil handle tankers of up to 500,000 deadweight tons. mission Corp. port as the first stage of the planned Louisi­ The pipeline connecting LOOP storage to ana superport. Initially, the terminal would be able to pass William B. Read, president of the oil in- on 1.7 million barrels of crude per day, an Capline would not be owned by LOOP but by June 13, 1973 EXTENSIONS OF REMARKS 19511 a number of LOOP's shareholder companies, adapted to prevent oil spills from spreading, LOOP, Inc., with the Nichols College Foun­ Read said. the report said. This involves immediate con­ dation. Read sa.id LOOP has a $2.5 million budget tainment and rapid clean-up of the oil. A contract was signed Friday noon between for the planning phase. Some form of protection should be pro­ officials of LOOP, Inc. and the Nicholls Mills, fielding a question at the press con­ vided along all the passes of the port area, College Foundation. The Nicholls State por­ ference, hinted strongly that the Superport the team said. These should prevent oil from tion of the total LOOP study is estimated Authority will eventually adopt LOOP's pro­ reaching the estuaries but should not inter­ to cost in excess of $300,000. LOOP, Inc. is a posal as part of its superport plan. He got fere with sea life migrations either during group of 13 major oil and pipeline transpor­ into it indirectly in response to what would construction or when no emergency exists. tation companies formed to build an off­ happen if the authority didn't adopt the The report also called for intensive re­ shore oil terminal to receive super t ankers. LOOP idea. search on such matters as how oil spills drift, Signing the contracts were Donald Peltier "Should this authority not adopt LOOP's the prevailing weather in the area, locations of Thibodaux, president of the College proposal as the first phase of its operation, of spawning grounds and the effects of oil Foundation, and William Read, president of then an entirely different picture would be on marsh grass and microbes. LOOP, Inc. Representing Read today at sign­ presented," he said. "I don't at this time There are 50 deep-draft ports elsewhere in ing ceremonies in the office of Dr. Vernon envision that being the case assuming the the world, the report said, but none in the Galliano is Ken Ring of LOOP. proposal that has been submitted satisfied U.S., where the normal limit is about 45 According to Galliano, president of Nicholls the various environmental assessments to fee't--enough to handle ships up to 80,000 State University, the research project will which we will test it prior to the authority's tons deadweight. Only Long Beach and Los involve a one-year assessment of the en­ action." Angeles h arbors in California and Puget vironmental and ecological factors at the Mills revealed that LOOP is not the only Sound in Washington can handle ships of proposed offshore oil port site and the pipe­ organization seeking an offshore port. 100,000 tons. Meanwhile, the tremendous economy of line corridors from the port to the shore. "There have been international terminal shipping oil in giant ships is spurring con­ Dr. Alva Harris, head of the Marine Biol­ fl.rms contacting us showing interest," he struction of ever-larger giants. The Japanese ogy program at Nicholls State will be in said. "I can't give you their names though." are operating a 373,000 DWT tanker and con­ charge of the research team. The NSU pro­ struction has started on a 477,000 DWT ves­ fessor of biology explained that the study [From the New Orleans States-Item, Apr. 19, sel. By 1980, the first million ton ship is will account for the marine life and chemical 1973] scheduled for launching. Most of the largest and physical parameters found at the port site IMMEDIATE CONSTRUCTION OF LOUISIANA tankers to be built before the year 2,000 how­ and in the shore-to-port pipeline corridor, in SUPERPORT Is URGED IN LSU STUDY ever, are expected to be less than half that addition to recording meteorological data. (By Sam A. Hanna) large. Wayne Davies, director of government and community relations for LOOP, said the WASHINGTON.-A Louisiana State University The sea grant program, operated by the Commerce Department's National Atmos­ study must be completed by May 5, 1974. research team, working with Commerce De­ Seven professors from NSU and two full-time partment support, says work should start pheric and Oceanic Administration, also has supported similar studies at Texas A&M Uni­ research assistants will be working directly immediately on a superport to handle giant on the study. tankers in the Gulf of Mexico south of New versity, the University of Delaware, Massa­ Orleans. chusetts Institute of Technology and the The 12-month contract is for $210,000, but Starting now, the report said, the port State University of New York. Davies said that if the cost of the study could be ready by 1978 to handle massive exceeds that amount, LOOP could provide imports of oil and gas for Louisiana refineries LOUISIANA SUPERPORT CONSTRUCTION SUP­ more funds. faced by growing shortage of raw materials. PORTED BY WILDLIFE GROUP In addition to the $210,000 LOOP has The team outlined a stringent list of meas­ The Water Control Projects Committee of leased from Cheramie Marsh Buggies Inc. ures to protect the Gulf of Mexico and the the Louisiana Wildlife Federation passed four of Cut Off a 60-foot shrimp boat "The Robert Louisiana wetlands, including prompt clean­ resolutions during the group's 34th annual Frank" which has been converted into a up measures if spills occur, strict naviga­ convention here Saturday, including one to marine testing facility for use by the NSU tional controls and constant monitoring of support the construction of a superport in research team. the unloading operations. Louisiana. The team will be studying the area about Urgency of the construction is demon­ The committee passed the resolution in 10 miles wide and 25 miles long near Grand strated by the fact that blueprints are al­ support of the superport with the stipulation Isle Black 46. ready being drawn for giant American tank­ that construction would result in no environ­ Davis added that most of the equipment ers too large to enter any existing U.S. port, mental damages to the state's offshore waters. bought with the $210,000 will remain with the team stated. Committee secretary Carl Fontenot of Lake NSU after the study is completed. The LSU researchers, funded by a sea grant Charles said he felt Louisiana was the proper The research team Will consist of mem­ from the Commerce Department and money location for a superport. "I believe a super­ bers of the Nicholls State University depart­ from the privately supported Louisiana port would eliminate the need for the widen­ ments of biology and chemistry. Initial steps Superport Task Force, recommended a loca­ ing of ship channels in the state that could in the research work already have begun. tion in waters at least 100 feet deep between eventually cause more environmental damage Following the tabulation of ocean plant and the mouth of Bayou Lafourche and the than the construction of the port," he said. animal life and the sampling of bottom sedi­ Southwest Pass of the Mississippi River. A second resolution was passed asking for ment and water columns for chemical data, The port would be capable of receiving the U.S. Corps of Engineers to hold public the research team will assist in projecting ships With a minimum deadweight tonnage hearings before plans are carried out for the the effects of the port construction and pipe­ of 200,000 and drafts up to 90 feet. This widening and deepening of the Intercoastal line on the Gulf's environment. would accommodate all but a few of the Canal. It was brought out at the meeting that The composite reports will be used by giant tankers expected to be in service dur­ the corps was making plans for improving LOOP, Inc. in their application to state and ing this century. the canal without any regard to environ­ federal granting agencies for permission to The research team, working at the Uni­ mental studies. build the oil port. The proposed port site is versity's Center for Wetland Resources at In a separate resolution, the committee approximately 20 miles offshore southeast of Baton Rouge, said only one such facility also voted that the engineers be asked to the mouth of Bayou Lafourche. should be built off Louisiana and the port hold a public meeting concerning the La­ The LOOP terminal will be the first of its should be designed so that it could later fourche auxiliary channel and jump water­ type operation in the waters of the continen­ handle other commodities. way projects near Houma. tal United States. The port will receive The cost for a platform structure limited Chairman of the committee, Rick Bryan of oil from super tankers now in operation to unloading oil and gas into pipelines was Alexandria, said the project could damage in other ports of the world. estimated at from $20 mlllion to $60 mlllion. two state game management areas with the "The large oil tankers of the past," Dr. The price tag on a port handling dry bulk intrusion of salt water into fresh water chan­ Harris reported, "were approximately 600 feet commodities as well starts at $300 million. nels. He said over 10,000 acres of public marsh in length. The super tankers are 1,300 to 1,400 Private interests have already indicated a land would be flooded with salt water and feet long and can hold 35 times the capacity willingness to finance the Louisiana super­ that the water supply of Houma would also of the old tankers." Dr. Harris added that the port, but government agencies have delayed be affected. super tankers "can hold over 540,000 dead­ approval. The President's energy report rec­ A fourth resolution by the Ouachita Wild­ weight tons and draw 90 feet of water." The ommended increased port facilities as a life Unit was also passed, asking that a study LOOP terminal site is located in 110 feet of short-term answer to the nation's growing be made concerning the cleaning of Black water. fuel shortage. Bayou Lake near Monroe. It was pointed out In pointing to the selection of Nicholls Two environmental dangers were described that Black Bayou was almost completely State as the research unit for the offshore by the research team: the disruption of wet­ taken over by moss. study, Galliano noted that the university land areas by on-shore pipelines and pump­ received a special $100,000 budgetary sup­ ing stations and the possibility of oil spills NSU GETS OIL PORT STUDY GRANT plement for the Marine Biology program at sea. An offshore environmental assessment during the 1972-73 fiscal year from the The techniques used by civil defense agen­ study of the proposed Louisiana Offshore Oil Louisiana legislature. cies during hurricane protection could be Port Terminal has been commissioned by "These funds, received with the help of 19512 EXTENSIONS OF REMARKS June 13, 1973 area legislators," Galliano said, "enabled us American commitment--i.e., defeat of the THE KILLING CONTINUES IN to build marine sciences laboratory at Port Communist struggle to take power in all IRELAND Fouchon near the mouth of Bayou Lafourche. Indochina-what the Communists through­ This building coupled with an expansion of out Indochina have been doing is a "viola­ our Marine Biology Program allows Nicholls tion" of the ceasefire and a sabotage of peace HON. MARIO BIAGGI state to meet the research demands of the that merit punishment. OF NEW YORK LOOP study." Moreover, what has been happening tends to clarify the true meaning of the agreement, IN THE HOUSE OF REPRESENTATIVES and thus to prick the inflated rhetoric with Wednesday, June 13, 1973 which the President surrounded it. BOMBING AS PANACEA Mr. BIAGGI. Mr. Speaker, early last CAMBODIA: PRELUDE OR EPILOG? year I had occasion to visit the strife­ Therefore the bombers over Cambodia, and a few now and then over Laos. The rhetoric torn community of Newry in Northern HON. CHARLES W. WHALEN, JR. demands them. There is no need for the Ireland. I witnessed firsthand the cli­ OF OHIO bombers in order to carry out the essence of mate of fear in which so many Irish citi­ zens are living, and was shocked and sad­ IN THE HOUSE OF REPRESENTATIVES the agreement--the U.S. military withdrawal and the POW release. That has already been dened by the fact that the prospect for Wednesday, June 13, 1973 accomplished, and the bombings only risk an end to the almost random terrorism Mr. WHALEN. Mr. Speaker, one of the re-engagement and a new lot of POWs. There was nowhere in sight. is no serious military point in the bombings. Unfortunately, a full 16 months later, most thoughtful assessments of the Cam­ In ~he Cambodian conditions the military bodia problem which I have read ap­ effiClency of B-52s is minimal if not negative, the same atmosphere of civil war and peared in the May 11, 1973 issue of Na­ and will have no long-term effect on the cold-blooded execution still exists in tional Review. Author James Burnham c~aotic political situation on the ground. It Northern Ireland. An article which ap­ concludes that the bombings of Cambo­ wlll be unable, specifically, to salvage the peared in today's New York Times-and dia serve as epilog to U.S. involvement Lon Nol government. But for Mr. Nixon to which I would like to insert in the REc­ in Southeast Asia. I believe my colleagues have "done nothing" about the Communist ORD-further documents the reign of ter­ will find the entire text of Mr. Burn­ moves toward power in Cambodia would have ror which is decimating the Belfast exposed the emptiness of his rhetoric-to population, both Catholic and Protes­ ham's article of interest, and I insert it himself first of all. Mr. Nixon is not yet will­ for their consideration: ing to face the simple Vietnam reality, and tant. In this latest incident, six more in­ THE PROTRACTED CONFLICT to ask us to face it with him: to accept the nocent citizens were killed in the explo­ (By James Burnham) fact that we failed in our Indochina mis­ sion of a concealed bomb, and 33 others sion, and pulled out. were wounded. Mr. Nixon's operations in Indochina dur­ Is the Cambodian bombing, then, a pre­ Mr. Speaker, the American people and ing the past six weeks suggest he may be lude to more general military re-entry? I suffering from an ailment to which success­ its representatives must not make the don't think so; I think the Cambodia bomb­ mistake of allowing themselves to be lull­ ful politicians are prone: believing one's own ing serves as epilogue, not preclude-a bitter rhetoric. The January ccasefire agreement, as ed into apathy by the attitude that the and futile lashing out by the retreating tiger. Irish dispute is an ocean away and not I have had past occasion to point out, sig­ Given a little time, reality takes precedence naled the failure of the U.S. mission in Indo­ over rhetoric. Some sort of political formula our affair at all. We have the responsi­ china. In essence it amounted to a protocol will be found, probably fairly soon, that will bility to contribute to an ultimate settle­ for American military disengagement from serve as a.n excuse to leash the bombers. The ment of the Irish issue by both keeping Vietnam. On this, since it was what both sides President has announced that he will be totally aware of the situation and bring­ wanted, there was a meeting of minds. And making his Grand Tour of Western Europe ing international pressure to bear on the the disengagement, which included the re­ this autumn. He is not going to visit Lon­ lease of American POWs in correlation with combatants whenever possible. don, Paris, Bonn, and Rome while his B-52s The Times article reads as follows: the withdrawal of American troops, was car­ are carpet-bombing Indochina. ried out just 9.bout on schedule. Cambodia doesn't have any sort of coher­ ULSTER BLAST KILLS SIX AS VIOLENCE SPREADS Concerning everything else there had been ent political structure anyway, so there is TO A UNIVERSITY TOWN no genuine meeting of minds. Disengagement opportunity for improvisation. Wha.t Mr. BELFAST, NORTHERN IRELAND, June 12.­ apart, the other matters referred to were what Nixon wants is a breather: a chance to say SiX persons, four of them women, were killed the fighting had been about all these years. the fighting has died down and from now on today and 33 were injured by an explosion Since the fighting had been inconclusive, you local people will have to take over. He is of a 100-pound bomb in a busy shopping these matters naturrks for is The article follows: prehensive coverage for all Americans, a goal we will reach someday-the goal financed with payroll taxes and federal treas­ L EVITT SAYS WILLOWBROOK NEEDS AN of "liberty and justice for all." I know OVERHAUL OF ITS PRACTICES ury funds and administered by the govern­ we will reach it some day, because man's (By Alphonso A. Narvaez) ment. love for freedom is the greatest love <>f Other app:-oaches include catastrophic ill­ State Comptroller Arthur Levitt reported ness insurance, and a plan to extend income all. yesterday that long-term improvement in tax credits to individuals for the purchase of living conditions for patients at the Williow­ private health insurance, 1n conjunction brook State School for mental defectives with government paid insurance premiums IMPROVEMENT OF CONDITIONS AT would require "both a long and short-range for the poor. SCHOOLS FOR THE MENTALLY overhaul of administrative practices and con­ A consensus among Americans as to what RETARDED t inued monitoring of progress by the Depart­ kind of health care system is best simply ment of Mental Hygiene." does not exist at this time, especially on the In a report of an audit of Building 20, a major issues of health insurance. There is a HON. MARIO BIAGGI dormitory at the Staten Island facility that genuine concern that the federal government the Controller described as a "microcosm of must provide real remedies to present weak­ OF NEW YORK all that is wrong" at the institution, he noted nesses in the health care system without IN THE HOUSE OF REPRESENTATIVES that there was a great need for supervision locking the system into patterns and costs Wednesday, June 13, 1973 of employes. He said that during surprise that might turn out to be no better than visits in July and August last year some what we already have. Mr. BIAGGI. Mr. Speaker, last year I wards were found to be unattended and one In my view, the central task of federal visited several schools for the mentally employe was seen reading a newspaper while health insurance is to center on two groups: retarded in New York, including the Wil­ anot her was asleep. the poor, who cannot afford to meet even the lowbrook State School, to focus public LACK OF ORGANIZATION normal costs of adequa-te health care, and attention on the deplorable conditions The Controller noted that during one visit middle income families, who can handle nor­ patients in an entire ward were found nude mal medical bills but face severe financial existing in those institutions. In Octo­ ber of last year, a Federal team, em­ because of an asserted lack of clothing, al­ crisis if they incur abnormally high medical though in another ward there were four bags expenses. paneled at my request, issued their re­ of pants that were not being used. He added Any healt h care financing system we adopt port on the terrible conditions thus rein­ that while conditions improved somewhat at should be within our ability to pay for it, forcing my own findings. The New York the time an audit team made frequent visits must insure that no citizen who needs medi­ State SUPreme Court recently issued a t o the institution to identify and correct cal care is denied access to it because of high decision in the case I :filed on behalf of conditions in one of the 27 dormitories, a cost s, and should provide checks on the es­ visit a month later showed that "signs of ad­ ca.Iation of the price of health care and ex­ one of the patients at Willowbrook. That decision ordered the State to provide ade­ verse hygienic condit ions had started to reap­ cessive use of services. pear and there was evidence of retrogres­ quate care and treatment for the patients sion in the building's rehabilitation." at the school. The report said that the building's super­ And just yesterday, a report was issued visor remained in his office most of the time HONOR AMERICA by the New York State Controller Arthur and that "his evident lack of organization Levitt calling for improvement of condi­ and inability to properly supervise the em­ HON. EDWARD J. PATTEN tions at the Willowbrook State School. ployes contributed to the ineffect ive per­ The facts are known. We have seen the formance." OF NEW JERSEY The audit team also found the following: dreadful neglect, the cramped conditions, IN THE HOUSE OF REPRESENTATIVES Written assignments were not given to the the lack of trained help at these institu­ employes, and employe product ivit y was Wednesday, June 13, 1973 tions. Over and over again public panels quest ionable. and public agencies spotlight the deplor­ Unauthorized leaves and lateness on the Mr. PATI'EN. Mr. Speaker, tomorrow, part of employes was a continuing problem, the people of our Nation shall celebrate, able treatment of the mentally ill and placin g additional burdens on other employes once again, Flag Day. Soon, we shall en­ retarded. and lessening service to the patients. joy Independence Day. Certainly, we It is about time that something positive The general absence of discipline for these 19520 EXTENSIONS OF REMARKS June 13, 1973 occurrences further aggravated the condi­ TAYLOR WHITE that qualified under an educational work tions, the report said. program were a valid approach to the grow­ Fire and safety laws were not being ad­ ing probleins of youth. Department Team hered to with the door to the fire equipment HON. PHILLIP BURTON Members interviewed you and gathered facts jammed shut and keys to locked doors not OF CALIFORNIA you had collected to assist them in develop­ readily available, three blind patients were ing the program. housed in a. second-floor ward of the build­ IN THE HOUSE OF REPRESENTATIVES On Jan 6, 1970, you were called back to ing and one of them fell out an open second­ Wednesday, June 13, 1973 Washington DC. to the press conference story window injuring himself. The window where Postmaster General Blount announced had been unscreened for washing. Mr. BURTON. Mr. Speaker, after 33 the establishment of the Postal Academy in Thirty-four windows were broken, five toi­ years of distinguished service with the six cities; San Francisco being one of them. let bowls were missing, and controls on sinks San Francisco Post Office, Taylor White, You were appointed coordinator by the and water fountains were broken. a fine man and a devoted public servant, Postmaster, LimP. Lee, of this program along The laundry system was "greatly disorga­ will retire. with the other prograins to which you were nized,'' the report said, and "while employe Taylor White has served as adminis­ dedicated. indifference and poor supervision were major trative assistant to Postmaster Lim P. You have received many awards and com­ reasons for many patients not being dressed mendations in your years as a servant of in Building 20, we identified • • • unorga­ Lee and chief, Employee Services, Office the people. nized laundry distribution-collection system of Personnel in San Francisco. which contributed to the problem." Taylor White will be honored by his INSPECTIONS HELPED colleagues in the Postal Service and by PROPOSED AMENDMENTS TO H.R. The report noted that because of increased those he has diligently served in various 8619-THE AGRICULTURE-ENVI­ visits and inspections of the particular build­ capacities in community service pro­ RONMENTAL AND CONSUMER ing "we saw a vast improvement in the con­ grams at a party in his honor on July 7, PROTECTION APPROPRIATION dition of the building and the care of resi­ 1973. BILL, 1974 dents." Taylor White has been a dedicated An official at Willowbrook said that condi­ employee of the Postal Service and a tions had been "drastically improved, I hope" since the audit team visited the school. compassionate and concerned human be­ HON. JOHN D. DINGELL Harry Elia.zarian, deputy director for in­ ing. I should like to add my personal OF MICHIGAN stitutional administration, said that the commendation for his outstanding job IN THE HOUSE OF REPRESENTATIVES number of patients in building 20 had been and my best wishes for him and for his reduced from 251 at the time of the audit family in the years ahead. Wednesday, June 13, 1973 to 212-still above the 188-patient capacity Postmaster Lim P. Lee will present Mr. DINGELL. Mr. Speaker, on Friday of the building-and that the number of pa­ him with a commendation which I would we are scheduled to consider H.R. 8619, tients in the entire facility had been sharply like to place in the RECORD and share cut. the "agriculture-environmental and He added that employes were being more with my colleagues: consumer protection appropriation bill, closely supervised. COMMENDATION FOR TAYLOR WHITE 1974." Title ill of this bill provides You entered the Postal Service November funds for the Council on Environmental 16, 1940. Quality and the Environmental Protec­ Concern for your fellowmen has never tion Agency. RONALD VANDIVER IS HONORED been shown to a higher degree than when At the outset, I want to say that the FOR JOURNALISM ACCOMPLISH­ you participated in what was the first Man­ power Development Training Act (MDTA) Appropriations Committee has done an MENTS Program developed in the San Francisco Post outstanding job in carefully reviewing Office. You helped to nuture this program and, in proper places, pruning the budget HON. TIM LEE CARTER and assisted in its growth until it became of these agencies. For example, I fully a strong viable program. Your cooperation concur with the committee's view, ex­ OF KENTUCKY with the Department and other offices was pressed in its report--an advance copy IN THE HOUSE OF REPRESENTATIVES instrumental in the introduction of addi­ of which was generously provided to me Wednesday, June 13, 1973 tional programs: the Concentrated Employ­ by my distinguished and able colleague ment Program (C.E.P.) and the Job Oppor­ Mr. CARTER. Mr. Speaker, I have the tunity Program (J.O.P.). All these progra.Ins from Mississippi (Mr. WHITTEN) -that distinct pleasure to share with my col­ were structured to give employment to those EPA's priorities appear muddled when it leagues in the House an article on Mr. in need. Your dedication, personal sacrifice scrimps on the solid waste, water quality, Ronald Vandiver, which appeared in the and many volunteer hours devoted to your and Great Lakes programs, but wants to fellowmen greatly encouraged them to qual­ spend over $6 million in fiscal year 1974 Lincoln County, Ky., Post for May 8, ify for reliable, gainful employment. for a bloated staff of 133 people in public 1973. You were selected by Regional Director, affairs. This is nearly three times the I commend young Ronald for his fine Mr. Ken Dyal, to serve as Equal Employ­ sum appropriated for this function last record of accomplishment. His ability is ment Opportunity Counselor because of your in great demand in this age of technol­ concern for the equality of all people. You year. The committee states that "too ogy, when the call for a diversity of tal­ acted as a focal point to assist in identify­ much emphasis may be placed on pro­ ent rings clearer day by day: ing and solving many problems related to moting the image of the agency and not equal employment in the San Francisco Post enough attention paid to the function RONALD VANDIVER Is HONORED FOR Office for all minority groups. You resolved of informing the public," and recom­ JOURNALISM ACCOMPLISHMENTS many complaints of discrimination and oth­ mends a $2 million cut from EPA's public The Sigma Delta Chi "award of merit" was er probleins within the area of your assign­ affairs budget request, in order "to pro­ given to Ronald Vandiver for his accomplish­ ment. You continue to devote much of your ments in journalism as business manager of time to the Equal Employment Opportunity vide for a smaller, more effective staff." the University of Kentucky Yearbook, the program by acting as the liaison for commit­ This cut will still enable EPA to issue "Kentuckian". The award was presented tees and other interested groups. such worthwhile documents as EPA's April 3 at a banquet at the Springs Motel You have worked long and hard to help "Citizens' Bulletin" and "Citizen Suits sponsored by the Department of Journalism develop meaningful prograins within the San Under the Clean Air Act," and to inform and the undergraduate chapter of Sigma Francisco Post Office; programs that have the public. Delta Chi. proven successful and are now operational But there are several matters which Vandiver attended Sue Bennett College nationally. Another such program is the Pro­ where he was editor of the college newspaper. gram for Alcoholic Recovery which started give me great concern. A graduate of Crab Orchard High School, he as a pilot program in the San Francisco office. First, the committee has, quite prop­ was sports editor of the school newspaper. You were appointed by Postmaster Lim P. erly, recommended an appropriation of At the University of Kentucky Vandiver Lee, to co-ordinate the pilot project. The $5 million for the preparation by EPA worked on the school newspaper, the "Ken­ program was a success and you were called of environmental impact statements. tucky Kernel", as an advertising representa­ on by the Post Office Department to assist The committee's report states that this tive before becoming business manager of in establishing P.A.R. in many Post Offices includes a sum of $250,000 to hire 14 the "Kentuckian". throughout the county such as Boston, Mass., more persons to help other agencies, Mter graduation, Vandiver plans to work Chicago Ill., Cleveland Ohio, to name a. few. in an advertising division of John Deere in Because of success of the program in San such as the Corps of Engineers, the Soil Moline, illinois. Francisco, the Post Office Department decided Conservation Service, and TVA, in the Vandiver is the son of James and Madise other programs were advantageous to them; planning stages of various environmen­ Vandiver of Crab Orchard. the unemployed school dropout and others tally sound projects. But I find, first, June 13, 1973 EXTENSIONS OF REMARKS 19521 that, in one respect, the bill does not go Strike on page 31 beginning on line 4 the Federal Water Pollution Control Act. as far as the committee wants and, there­ through 12, inclusive, of the Committee re­ We had passed these laws in the fifties ported bill, and substitute therein the fol­ and sixties with open-ended mandates to fore, does not achieve the committee's lowing: very worthwhile purpose, and second, For an amount to provide for the prepara­ abate and control pollution. By the that, in another, it goes well beyond ex­ tion of Environmental Impact Statements, as seventies, it was obvious that little had isting statutes by adding a new duty not required by section 102(2) (C) of the Na­ been achieved and the public was now authorized or required by law. tional Environmental Policy Act of 1969, on aroused. We have now substantially re­ Let me discuss my first objection. The all proposed actions by the Environmental vised these laws and set deadlines. For committee states that, with this increase Protection Agency, and for the review of the first time, we are getting action. If and new "procedure," the committee such statements of other agencies, as re­ we are not satisfied with that action, "would expect" EPA "to reduce the for­ quired by such Act and by section 309 (a) then we should change the law. But do mal review process--of impact state­ of the Clean Air Act, as amended, $5,000,000. not preclude EPA from using available ments prepared, not by EPA, but by other Second, I am concerned about two new funds to carry out the mandates of agencies-from months down to days." legislative provisions in the bill. Congress. I respectfully disagree. One would appropriate $5 million to Moreover this proviso is discrimina­ The plain language of the bill specifies EPA and direct that this sum be used by tory. For example, it would allow EPA to that all of the $5 million shall be avail­ EPA to enter into a contract with the transfer up to 7 percent of its appropria­ able "for the preparation" only of en­ National Academy of Sciences for the tions for the solid wastes program to its vironmental impact statements by EPA. NAS to study and evaluate EPA, its pro­ public affairs office for any publicity gim­ None of this sum is available for EPA's grams, accomplishments, and failures. mick, not authorized by Congress, to pro­ "review" of the statements of other Fed­ The committee's report concludes that mote the agency's image. But it does not eral agencies. I think it should be. In­ the NAS should conduct this study, be­ allow the same latitude to EPA to carry deed, I think more should be available cause the NAS "has a reputation for out the mandates established by Con­ for this purpose, because I share the technical competence and complete ob­ gress. committee's view that EPA, in carrying jectivity." The report then proceeds to Again, if you disagree with the dead­ out its statutory responsibility under list the items that the NAS must study, lines, change them. But do not give the NEPA and section 309(a) of the Clean such as the "degree to which environ­ executive branch a chance to seize upon Air Act of reviewing such statements, mental regulations" mandated by Con­ and use our failure to provide funds as an may be taking too long and may unwit­ gress "have contributed or will contrib­ excuse to the Congress, the courts, and tingly be undermining NEPA. My sub­ ute to" the energy crisis, and the "bene­ the public for failing to comply with committee is currently conducting an in­ fits and hazards to humans" of pesticides. these deadlines. We urge that this pro­ vestigation into this very problem. My EPA then must provide "periodic re­ viso be deleted. suggested amendments which is set forth ports" on the progress of the NAS study. My amendment is: below should remedy this and achieve This is legislative oversight which is the On page 33, line 14, change the colon to the committee's purpose, although it does responsibility of the Congress, not the a period, and strike all thereafter through not provide any more money than that NAS. It will lead to obvious conflicts and the period on line 17. provided by the committee. jealousies between these two agencies My colleagues, Representatives, and I Turning now to my second objection, which must deal with each other almost urge your support for these amendments. the bill adds a new duty to EPA's long daily on other matters. Can you imagine list of responsibilities-a duty which is EPA, which must oversee the contract, not now authorized by any act of Con­ being objective in providing reports pre­ gress. Under the reported bill, EPA, in pared by NAS that are critical of EPA? RANGEL INTRODUCES "THE CHEMI­ addition to preparing an impact state­ Can you imagine that the NAS will be CAL WARFARE PREVENTION ACT ment, must also prepare another "state­ objective when its criticism of EPA may OF 1973" AND "THE HERBICIDE EX­ ment" setting forth the economic and hurt its chances for getting a much de­ PORT CONTROL ACT OF 1973" technical "considerations" associated sired EPA grant or contract? I cannot. with the proposed action as specified in Incidentally, NAS now holds nine EPA section 102(2) (B) of NEPA. contracts totalling several millions. Such HON. CHARLES B. RANGEL But let us look at section 102(2) (B) of a study is bound to be a whitewash. It is OF NEW YORK NEPA. It does not require such a sepa­ a waste of money. I urge its rejection. IN THE HOUSE OF REPRESENTATIVES rate statement, nor does it require that We intend to offer the following Wednesday, June 13, 1973 such "considerations" be "specified" in amendment: any such statement or in the impact Strike on page 32, beginning on line 20 Mr. RANGEL. Mr. Speaker, with opti­ statement itself. It merely directs that through line 2, inclusive, on page 33. mism and a great deal of hope, I have recently submitted two pieces of legisla­ all Federal agencies shall- I also object to the proviso on page 33 (B) identify and develop methods and pro­ tion designed to limit the exportation and cedures in consultation with the Council on of the bill. The bill authorizes transfers ultimate use of chemicals in warfare. Environmental Quality established by title II of not more than 7 percent of one ap­ The Chemical Warfare Prevention Act of this Act, which will insure that presently propriation to another, but the proviso of 1973 that I have introduced with 18 unquantified environmental amenities and would specify that this normal transfer cosponsors will ban the exportation of all values may be given appropriate considera­ authority "shall not be available" to EPA herbicides to Portugal and the Republic tion in decisionmaking along with economic "to comply with or enforce any" con­ and technical considerations; of South Africa. These two nations are gressionally established "deadline or due presently using herbicides purchased Thus, Congress, by this section, now date." from the United States in the perpetra­ requires that all agencies give, as they In explaining this discriminatory pro­ tion of chemical warfare against citizens should, the same treatment to "unquan­ vision, the committee contends that in Angola and Mozambique. tified environmental amenities and "many'' of these statutory deadlines are The Herbicide Export Control Act of values-in decisionmaking" as they do "arbitrary" and are "forcing" EPA to 1973, with 19 cosponsors, will halt all ex­ to ''economic and technical considera­ "make unsound decisions or to take ill­ portation of 2,4,5-T herbicide, a sub­ tions." The committee's amendment conceived actions." stance with little agricultural value and would not only require a new statement, I do not share the committee's view devastating potential for destruction. but would also change NEPA and give a that the congressional deadlines are Warfare is, obviously, a brutal and higher priority to "economic and tech­ "arbitrary." Nor do I agree that they hideous experience. But when weapons, nical" considerations than to "environ­ have caused EPA to make "unsound" de­ such as herbicides, are employed that de­ mental" amenities and values. This is cisions. The deadlines merely required stroy not only the enemy but also the not for the Appropriations Committee action. The deadlines do not preclude land, the air and children as yet unborn, to decide. It is under the jurisdiction of EPA from exercising its discretion and then it js time to put an end, now and our committee. authority responsibly. forever, to the use of these weapons. We intend to offer an amendment to Congress voted for these deadlines be­ It is in this light that I place faith in meet the above two objections. cause of years of frustration over the lax my colleagues to see to it that these dan­ My amendment is as follows: administration of the Clean Air Act and gerous and deadly chemicals are con- 19522 EXTENSIONS OF REMARKS June 13, 1973 trolled. It is to this goal that my propo­ The address I was writing on "Francis gram should go forward with all pos­ sals are aimed. Scott Key and the National Anthem" was sible speed. I strongly urge my colleagues scheduled to be delivered at a banquet to support H.R. 8434. of the Columbia Historical Society in the ballroom of the Mayflower Hotel, Thursday evening, April 12, 1945. I arrived in Washing­ FRANCIS SCOTT KEY AND A ton at about noon on that day. A few min­ TRUMAN ANECDOTE utes later I was gr~ted by a friend from "WE SHOULD NOT BE AFRAID OF Frederick, Mrs. Mary Snyder Beatty, who CHANGE" told me that she had just heard a report that President Roosevelt was dead. Several min­ HON. GOODLOE E. BYRON utes later a man with newspaper extras an­ HON. HOWARD W. ROBISON OF lloiARYLAND nounced the death of the President at Warm OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Springs, Georgia. IN THE HOUSE OF REPRESENTATIVES Death had come to one of the world's Wednesday, June 13, 1973 most famous men. The Nation's Capital was Wednesday, June 13, 1973 Mr. BYRON. Mr. Speaker, recently gripped in mourning. While a number of Mr. ROBISON of New York. Mr. Judge Edward S. Delaplaine, one of wes­ meetings in the city were called off, the tickets for the banquet of the Columbia Speaker, Gov. Nelson A. Rockefeller tern Maryland's most distinguished citi­ Historical Society had all been sold, and in­ spoke at the National Governor's Confer­ zens and historians, wrote an article in asmuch as the program was of a patriotic ence held at Lake Tahoe, Nev., on June the Frederick News concerning President nature, it was decided to proceed with the 4. Truman and Francis Scott Key. It is event. Governor Rockefeller spoke forth­ an interesting historical anecdote that It was just about the time of the banquet rightly, as is his custom, about change I would like to share with my colleagues. when Harry S Truman came to the White and the American reaction to it. His The article follows: House to take the oath of office as Presi­ point, "we should not be afraid of EARLY TRUMAN QUOTE OF HERODOTUS DIS­ dent, and within an hour or two I was intro­ duced for my address. In closing my address change," is one that needs emphasis in PROVED BY FRANCIS Sco'l"l' KEY I used the following words: a time where some people are beginning (By Judge EdwardS. Delaplaine) "While there may be objections to the to despair because of a seeming lack of It was at the meeting of the Maryland American anthem from time to time for national capacity to deal with the Historical Society in Baltimore on March one reason or another, the fact remains that changes that have already taken place. 27, 1945 that I met Harry S. Truman, then it has symbolized the aspirations of the peo­ With his characteristic vigor and de­ Vice President of the United States. ple for freedom, and the lawyer from George­ termination, Governor Rockefeller has Senator George L. RadclUl'e, President of town (Francis Scott Key) played an im­ the Society, who had been a colleague of portant part in welding the patriotic spirit. launched, with Presidential encourage­ Truman in the Senate for ten years, had Several weeks ago, in an address before the ment, a study to be conducted by a "Na­ invited him to speak at the Maryland Day Maryland Historical Society in Baltimore, tional Commission on the Future of meeting of the Society. Vice President Harry S Truman, who has America.'' Vice President Truman took as the subject just taken the oath of office as President of The work of this Commission, along of his address "Maryland and Tolerance." the United States, attributed to Herodotus with the efforts of the National Commis­ At the outset he said, "The Free State of the statement that "the man and the event sion on Water Quality, also headed by Maryland has a glorious history, which must hardly ever arrive at the same place at the Governor Rockefeller, will surely make be carefully preserved to inspire other Ameri­ same time, but a good historian always takes cans to revere the past and to face boldly care of the discrepancy." But the statement invaluable contributions to our national the future. Of all the Thirteen Original attributed to Herodotus does not apply in life. For that reason, I would like to share States, Maryland stood out as a. real cham­ the case of Francis Scott Key and the Na­ with the House excerpts from the re­ pion of tolerance and freedom." tional Anthem." marks made by Governor Rockefeller at Mr. Truman was speaking only sixteen days After Mr. Truman had completed his serv­ the National Governors Conference. before he would be called upon to assume ice as President, I sent a copy of my address, EXCERPTS OF REMARKS BY Gov. NELSON A. the office of President. Mr. Truman read his and I mentioned that I was probably the first ROCKEFELLER speech in a low voice. When about halfway person to quote him in an address at any We live in a world of fantastic, accelerating through it, he took occasiOID. to quote Herod­ public meeting in the United States after he was sworn in as President. change. The question is whether we will otus as saying in effect that, "the man and shape the forces of change--or be overwhelm­ the event hardly ever arrive at the same place ed by them? at the same time, but a. good historian al­ Frankly, we are not responding sufficiently ways takes care of that discrepancy." I was intrigued by his quotation because to the changes altering our society. The in­ YOUTH CONSERVATION CORPS stitutions that we count on to fulfill human of the fact that it certainly did not apply to needs and human aspirations--whether gov­ Francis Scott Key and the amazing con­ ernmental or private, whether domestic or catenation of events that resulted in the HON. RICHARD T. HANNA international-have lagged behind the real­ writing of the "Star Spangled Banner." I OF CALIFORNIA was especially interested in it because just ities. IN THE HOUSE OF REPRESENTATIVES We have got to have the courage to accept at that time I was preparing an address on that we are entering a new era in a world that subject, "Francis Scott Key and the Wednesday, June 13, 1973 that 1s radically changing. We should not National Anthem." be afraid of change that is shaped to meet It seemed strange to me that the question Mr. HANNA. Mr. Speaker, last week I emerging needs. which fascinated me more than any other joined several of my colleagues in co­ This has been the tradition of our country. part of the Vice President's speech did not sponsoring H.R. 8434, a bill to expand For instance, a major American turning point appear in the formal text of the speech. and make permanent the Youth Con­ occurred in 1913, when the 16th Amendment Moreover, it seemed doubly strange that I servation Corps. I have supported the was adopted-the Federal income tax. Some was unable to find the quotation in any book YCC program since its beginning. It pro­ years later, the Depression came along, pre­ of proverbs in my library. senting the country with desperate human Accordingly, less than 48 hours after I vides young people between the ages of 15 and 18 with an opportunity for mean­ needs. We had a great President, an activist heard the Vice President's address I sent President, Franklin D. Roosevelt, who had him a letter asking if he would give me the ingful summer employment. They work im­ bold and imaginative ideas for attacking the exact words attributed to the Greek historian up to 3 months in caring for and tragic problems of that period. The social as I wanted to be sure of quoting the his­ proving our public lands. For some of initiatives of the New Deal, the human finan­ torian and the Vice President correctly. these young people it is their first ex­ cial requirements of World War II, the boom­ The Vice President replied promptly. On posure to life outside an urban environ­ ing post-war economy, and the fantastic ca­ April2, 1945 he wrote me as follows: ment. For others, it is the beginning of a pacity of the Federal income tax to generate "In regard to the quotation attributed to career devoted to protecting our natural revenues, all led to an enormous concen­ Herodotus, he is said to have made the state­ tration of power and resources in Washing­ ment that the man and the event hardly resources. YCC ton. -ever arrive at the same place at the same The pilot program has demon­ At the same time, a related social phe­ time, but that a good historian always took strated its success. With little publicity, nomenon was going on. It started over 100 care of that discrepancy. As you know, Herod­ there were 120,000 inquiries for 3,300 years before, when the industrial revolution otus was not particularly noted for his accu­ openings last summer. It is apparent that launched a migration of Americans from the racy or his facts, but a lot of his stories are this program appeals strongly to our farm to the city. A second wave occurred in most interesting reading." young people. Plans to expand the pro- our time with the industrialization of agri- June 13, 1973 EXTENSIONS OF REMARKS 19523 culture in the south and in tropical Carib­ The rush of technology is another force in the structure of our Federal system and our bean islands, such as Puerto Rico. The re­ this flood of change. It has had enormous domestic and international institutions. sult has been another influx into urban impact on our physical environment. 6. Only then we as a nation make a realis­ areas, this time of rural people with little In 1965 in New York State, we had a $1.5 tic reappraisal and reshape specific policies education or training and few cultural ad­ billion Pure Waters Bond Issue. Last fall, an­ and programs to make them more effective vantages. At the same time, there has been other $1.15 billion Environmental Bond Is­ in meeting human needs. an accelerating exodus of middle-class fam­ sue was passed. But now due to a shortage of All of these steps will be undertaken with ilies from the city to the suburbs. Federal funds the cleaning up of our waters the view of making the recommendations These forces have produced great shifts in is still moving slowly. useful as soon as possible and with special the socio-economic structure of the United Another major problem that is rapidly reference to the 200th Anniversary of Ameri­ States. They have meant growing power and emerging in this nation is a critical energy can Freedom in 1976 and 200th Anniversary resources in Washington and they have shortage. As an illustration, the United of American Freedom in 1976 and 200th An­ meant growing problems in urban areas and, States is today importing 27 per cent o1 its niversary of the United States Constitution consequently, problems for our state and oil needs, Japan 90 per cent, and Europe 56 in 1989. local governments. per cent. The major source of oil imports is What we Americans must do is build on The Federal government has tried to help the Arab world. our unique heritage-make it relevant to ease these problems through a vast prolif­ This increasing dependence on imports and today's and tomorrow's realities-so that we eration of Federal grant-in-aid programs. the vulnerability of the supply mean less can carry forward this magnificent 200-year Today, there are over 1,000 of these categori­ control over our own destiny. It means con­ experiment in human freedom dedicated to cal grant programs. But these grants re­ tinued foreign exchange problems. In fact, individual dignity and equality of oppor­ quire state and local governments enrich and we face an estimated balance of payments tunity for all into its third century. improve their existing programs and put up deficit of $25 billion by 1985. And, it means There is one other National Study Com­ additional funds to match the Federal grants growing international security problems. mission which could have a major impact on regardless of the existing levels of these pro­ Naturally the desirable solution to this our thinking and approach to the funda­ grams, or other more pressing local needs. In growing energy crisis lies in developing new mental problems facing us at home. This is addition there are Legislative and Admin­ sources of fossil fuels at home and a greatly the National Commission on water quality istrative regulations which further restrict accelerated construction program of atomic which was established by the Congress in the state and local initiatives and flexibility. All power plants. Of course this involves an Federal Water Pollution Control Act Amend­ of this has led to over-spending and increas­ enormously complex and challenging recon­ ments of 1972. ing rigidity at all levels of government, and ciliation of our environmental goals with our This calls for the creation of a 15-member unfortunately less responsiveness to individ­ energy needs. However, I feel both can be Commission to undertake ". . . a full and ual human needs. The net result has been accomplished with imagination and patience. complete investigation and study of all of that first local governments ran out of All these problems resulting from the rapid the technological aspects of achieving and money, then state governments did, and now rate of growth and change can be met by all aspects of the total economic, social, and the Federal government is facing stagger­ realistically facing all the facts and their im­ environmental effects of achieving or not ing deficits. plications, and then by reconciling the dif­ achieving the effluent limitations and goals Along with these serious financial prob­ ferences. In this way we can develop an intel­ set forth for 1983. . . ." lems, we also face deep moral and social ligent course that reflects the best interests This bi-partisan Commission is composed problems generated by rapid change. Wel­ of all. of five Senators, five Representatives and fare, for example, began as a compassionate What we need is p, clearer sense of na­ five Presidential appointees. I am one of the effort to give relief to people out of work tional purpose based on the emerging reali­ Presidential appointees and was elected in the depths of the national depression. ties of the world in which we live. For the Chairman of the Commission. Today, welfare administration is so lax in past two years, in my annual messages to the We have 2¥2 years to make the studies certain areas that an unconscionable num­ State Legislature, I have discussed these and recommendations, and an authorization ber of people are taking a free ride on the problems and the need for radical changes of $15 million for the work of the study. government and on the taxpayer. This situ­ in the structure, and the division of respon­ · This problem is of major importance to ation is further contributing to the growing sibilities within our Federal system. State us as Governors because we are the ones cynicism and disillusionment that people funds were appropriated, and I set up a study who are supposed to carry out the goal set feel toward government. In New York State group to determine where we as a state by Congress of the complete elimination of we have been trying to meet this problem should be moving in this fast changing mod­ the discharge of all pollutants into any navi­ with the appointment of an Inspector Gen­ ern worlc:. gable waters by 1985, anywhere in the United eral of Welfare who has created a whole new Last :,ear, President Nixon took an inter­ States. climate in welfare administration-a climate est in this approach. Early this year, he This Commission was created because Con­ favorable to the taxpayer and unhealthy for asked if the state commission could be ex­ gress realized that, at present, the govern­ frauds. panded into a national commission on the ment is not organized to project and clearly Un!ortunately at the same time a basic future of America in its third cnetury. I foresee the full implications of legislation and indispensable institution in American agreed. as far-reaching as this. We must therefore life has fallen victim to change-namely our I am now in the process of enlarging the develop the methods and techniques to system of criminal justice. One of these scope of the commission. The commission understand more fully the means of effec­ changes is the widespread emergence of hard will grapple with th£ future problems not tively dealing with emerging problems in the drug addiction-and the crime epidemic it only of America in the third century, but ex­ context of our overall responsibilities. has spawned. The courts are over-crowded plore where the world is going-how we can The Commission intends to develop a close with auto accident cases, housing violations work with people of ~he rest of the world in working relationship with the states. a~d other ca-ses growing out of the complexi­ our best common interest. Following this meeting, I will write each ties of our modern society. As a result our The commission will: Governor giving him background on the criminal justice system is not coping ef­ 1. Review the fundamental philosophical Commission and asking the Governor to des­ fectively with their responsibilities to the and moral considerations as to the nature of ignate a liaison officer with whom the Com­ people. The court calendars have become ter­ man and his institutions the impact of his mission can work. ribly overloaded. Clearing these calendars natural and man-made environment and the The states will be able to provide enor­ s~ems to take priority over meting out jus­ development of goals to improve the quality mously valuable data and advice on which tice. Prosecutors bargain with defendants of life of mankind. the Commission can base its decisions. to plead guilty to a lesser charge in order to 2. It will project present trends in the The Commission plans to hold hearings a:roid hearing~. But that's not genuine jus­ United States and other major L.ations and throughout the country and we hope that tiCe nor does 1t prot ect the innocent public areas of the world to the years 1976 and 1989. many Governors will appear. from the criminals who prey on their lives These projections would include political, At the Governors' Conference a year hence, and property. What we have is a revolving economic, social and military dEvelopments we will be at a midway point in the study and the problems they would create if noth­ and it may be that we will h ave an interim door justice system. The pushers, robbers report for the Governors. and muggers are back on the street almost ing were done to shape these emerging forces. before the police officer is back on his beat. 3. The commission will evaluate the impact of these problems on our security and our Of over 26,000 arrests for narcotics offenses political, economic and social life, and the in a recent year in New York City, only 418 Judea-Christian moral and ethical values on LIVING IN NEW YORK resulted in actual prison terms. which this country was founded. In New York, we have committed over $1 4. In the light of these findings, it will be billion to the treatment of addicts, but it possible to develop alternative conceptual HON. CHARLES B. RANGEL didn't deter the pushers. So this year, I came approaches necessary to deal with these OF NEW YORK out with a tough program to deter the push­ emerging forces. From this we can develop a IN THE HOUSE OF REPRESENTATIVES ing of hard drugs. clearer sense of national purpose for the Wednesday, June 13, 1973 This is the kind of basic change I fought United States, both at home and abroad. for this year and which the Legislattu·e ap­ 5 . Within the :framework of this clearer Mr. RANGEL. Mr. Speaker, in a re­ proved--despite enormous pressures on the sense of national purpose, lt will then be cent newsletter to 1ny constituents, I lawmakers to dodge the problem. possible to develop new concepts relating to asked my fellow New Yorkers to express 19524 EXTENSIONS OF REMARKS June 13, 1973 to me the areas of public policy that most main and use rents for repairs and main­ Municipal Loan, co-op conversion, and the concerned and interested them. Whlle tenance. There are 114 buildings in the pro­ Mini-Loan programs which are self-sustain­ the letters are still coming in, the area gram with another 200 expected this year. ing, and for this reason, the city can commit most expressed has been housing. In addition, the reorganized Municipal unlimited amounts of money. The housing situation in my home city Loan rehabilltation program has been ex­ Over the next few years, the city's rehabili­ panded and the city is now attempting to tation programs will be aimed at selfsus­ of New York is indeed depressing, and get banks and lending institutions to par­ taining projects. The city's Housing Devel­ the hope that many of us had that Fed­ ticipate, both to increase the leverage of opment Corp. also has subtantial debt in­ eral subsidy housing programs would city money and to protect their own in­ curring capacity; however, it too cannot help to meet this problem has been vestments in various communities. provide the interest subsidies necessary to crushed by President Nixon's freeze. The A new co-op conversion program which build housing to serve the low and mod­ allows tenant-ownership of buildings in low erate income families. effect of the housing freeze in New York or moderate income areas, is going ahead City is apparent from a recent New York The city also has proposed to the Legisla­ and looks very promising. Finally, the city ture a local FHA-type mortgage insurance Post article entitled "Housing: Money is pushing legislation to enable speed-up of Is agency for rehabilitation in slum areas. An the Key." existing programs, including taking title to initial capital of $7.5 million would insure [From the New York Post, May 10, 1973] a building after one year of tax arrears in­ up to $450 million worth of mortgages. stead of the present three years. Also, new HOUSING: MONEY Is THE KEY Q. Can private builders do more? bills would allow rehabilitation loans for (By Joseph Kahn) A. Sure, but without subsidies, they can't one and two family homes (restricted to rent what they build. They are overstocked Q . What is the city's housing picture? multiple dwellings now) and permit the with upper-income apartments and are A. In a word, bleak, certainly for new con­ conversion of unused ground-floor commer­ st ruction. playing a waiting game. But there are :some cial space for apartment use. who are doing something. The impetus has Q. What are the facts? Q. What's happening with Mitchell-Lama, A. This is the year of the big freeze a.nd the city's major tool for housing middle in­ been the city's partial tax abatement pro­ left out in the cold is 90 per cent of the city's come families? gram. To qualify, owners must rent new popula.tion--<>ur low and moderate-income A. Last year new construction under the units at 15 percent below comparable mar­ families. According to Housing and Develop­ tax-abatement program reached an all-time ket rents and put them under rent stabiliza­ ment Administrator Andrew Kerr, only 9000 high, with starts of over 6,400 units. Many tion for 10 years. The city is seeking renewal units of new construction for low income of the projects had the federal Section 236 of this legislation in Albany this year. families, will be underway this year a.nd none subsidy mortgages attached which cuts in­ The city also has a new zoning provision thereafter because of the federal subsidy terest from about 7 per cent to 1 per cent, which permits the construction of three­ freeze. And with 15,000 units a year aban­ thus reducin g rents from $90 a room a family houses instead of two-family ones. doned, another 13,000 demolished, there month to approximately $40. It is anticipa.ted at least 10,000 units will be isn't much to cheer about. But, with the federal freeze, it is unlikely started in the next two years. On the other hand, for the middle and there'll be much Section 236 money around. Q. Is relocation a problem? upper income wage-earners ($20,000 a year Q. How are the existing projects doing? A. Yes, and city housing officials say it has and over for a family of four, comprising 10 A. Unfortunately, not too well. They are gotten worse under vacancy decontrol. But per cent of apartment dwellers) the housing still the biggest bargain in town, but many the need for relocation units will drop to supply is increasing substantially. Last year, of them are having money troubles and face some extent due to the federal freeze on sub­ 7000 fully private units and 20,000 under rent increases. Operational and financing sidies for urban renewal developments which t·he city's partial tax exemption program costs are going up and some buildings have will have to be cancelled. This means in­ were started and in the very near future fallen into arrears. Others are in the red be­ stead of relocating famllies, the cit y will there will be a surplus of such units. cause they are not collecting surcharges have to maintain the run-down buildings on There is another discouraging factor lower from residents over the income limits. t h e renewal sites. income groups must face. The state's almost The HDA found in a survey of 300 ten­ At the same time, emergency relocation two-year-old vaca.ncy decontrol law, which ants that 38 per cent were under-reporting work continues for families who are forced decontrols an apartment when it is vacated, their incomes. Surcharges are important be­ to move because of fires and to make way for has snatched 144,000 units out of the rent cause one-half goes into the building's oper­ public improvements such as schools and range of poorer families. With rent increases ating fund and helps alleviate rent increases, police stations. Relocating large families is on the average up 90 per cent, the city ad­ The other half is used to subsidize elderly still very difficult, and will become worse as ministration and tenan t organizations have tenants. new public housing comes to a virtual halt. joined forces and are now attempting to get To verify incomes, the HDA asked ten­ Q. What can be done about the demolition the Legislature to repeal t he law. ants for permission to automatically inspect of basically sound rehabilitable housing? Q. If new construction is a lost cause for their city tax returns, but a City Council A. It is crucial that the city limit as much the near future, what about rehabilitation? bill last month said no. The agency, how­ as possible the demolition of existing low A. Otncials agree the major task is to ever, may continue to demand income veri­ and moderate income units. Last year in maintain existing rent-(X)ntrolled housing fication on an individual basis, and, of course, Manhattan, 4400 units were torn down for for lower income families and to work for a may take legal and administrative action new construction, rehabilitation and con­ reversal of the federal freeze so the 35,000 against housing companies which do not version of units at higher rents. The city units already approved by the federal govern­ comply with surcharge regulations. now closely scrutinizes requests for evictions ment and in the pipeline ca.n get built. The city administration has proposed in to make sure there is no harassment of ten­ Despite mounting criticism of the Maxi­ its legislative package in Albany several bene­ ants and that the new construction is mum Base Rent system, which gives a land­ fits to Mitchell-Lama buildings: 1. Tenants marketable. In cases where certificates of lord who keeps his building in good shape a whose incomes rise more than 50 per cent eviction were not granted, the courts have 7¥2 percent increase yearly until a com­ above admissions levels, now required to sustained the city. puter-set increase is reached, Rent Commis­ leave, be allowed to stay if they continue Q. Will the new housing court help code sioner Nathan Leventhal is convinced it is to pay proportionate surcharges. 2. Tenants enforcement? a sensible and feasible program and it wlll be allowed to deduct, when computing gross A. Yes, even with several defects in the eventually work out to the advantage of income, all medical expenses above 3 per law, by taking housing violations out of the both tenants and landlords. cent of gross income. 3. The age of eligibility Criminal Court, it is expected the backlog There were 400,000 violations removed by for a subsidy be reduced from 65 to 62 and of 700,000 violations wlll be disposed of faster landlords in order to qualify for raises un­ the maximum income requirement be cut and with better results. In the past, land­ der the MBR program. In addition, the city to $4500 from $5000. lords were only fined about $13 per case on has expanded code enforcement, the emer­ Q. Is there a chance of any money for the average after months of delay. Now, fines gency repair program, the housing repair and housing coming into the city? What about can go up to $100 per violation for each day maintenance project, and has improved the revenue sharing and President Nixon's com­ it exists. complaint bureau. Last year, 500,000 viola­ munity development program? The city's housing otncials also point out •tions were listed in response to almost A. The city has received about $300--mil­ that state funding is inadequate to provide 500,000 calls from tenants and many were lion from revenue-sharing, but not a dime for cyclical inspections of buildings. Instead corrected. goes for housing. It has been allocated for of providing 50 per cent of enforcement cost, The City Council, under tenant pressure, capital projects. As for Nixon's community the state is only contributing one-third. is repealing MBR, but the measure will prob­ development block programs, even by his own Q. Is there no solution to the housing ably be challenged in the courts on the schedule, they can only start by July 1, 1974. crisis? What can be done? ground the action violates a state law for­ Kerr says the funds, which will be below A. The key to decent living quarters is bidding local interference on rent control. the total the city is now receiving under money. Everybody knows it, but the ques­ The tenants claim that many landlords are categorical grants can only be spent on ac­ tion is where is it to come from. HDA head not propertly maintaining their buildings quiring land and not to build housing. Andrew Kerr says the money is in Washing­ with MBR funds allocated for the purpose. Most of the city's rehabilitation efforts ton, but it is not being used for housing! The city also has broadened its receiver­ come out of city monies, specifically from "The Federal Housing and Urban Devel­ ship program, which allows a takeover of the city's debt incurring capacity and the opment budget was cut in half, from $4- abandoned buildings where tenants re- capital budget. Involved primarily are the billion to $2-billion, while the Defense June 13, 19t3 EXTENSIONS OF REMARKS 19525 budget was increased. It may seem a tired THE NORTHEAST RAILROAD CRISIS keep the Penn Central and the other bank­ refrain, but the priorities are simply wrong." rupt carriers in the hands of private indus­ Obviously, the President must be con­ try-are being spelled out. vinced. Two years ago, it was suggested a HON. HOWARD W. ROBISON To date, five of the reports presented are massive public works construction program OF NEW YORK of more interest than the others because of be started which would produce 500,000 units their sources and the amount of detail they a year. Minority workers could be recruited IN THE HOUSE OF REPRESENTATIVES involve. Two have been proffered by govern­ for the work, and in this way not only would Wednesday, June 13, 1973 ment agencies, the Department of Trans­ housing be built, but unemployment would portation and the Interstate Commerce vanish. Mr. ROBISON of New York. Mr. Commission. Two others came from Senators In the meantime, while the vacancy rate Speaker, the critical financial condition Vance Hartke and Brock Adams. And the last remains -low in the city and apathy con­ of the major railroads of the Northeast is from the desk of Frank E. Barnett, chair­ tinues in Washington and new construction is a matter of great concern to the coun­ man and chief executive officer of the healthy for the lower income families remains a try. The situation here is growing. criti­ Union Pacific Railroa-d. dream the city must put all of its resources cal and demands the early attention of The basic concern of each is the creation and i~genuity into preserving its existing thi~ body. I commend to my colleagues of a sensible rail system in the Northeast Cor­ housing. ridor-primarily the channel between Boston the following article by John E. Coones, and washington-that recognizes the needs in the Wall Street Journal, June 12, 1973. of all 14 railroads serving the area, whether As Mr. Coones notes, the liquidation of they are bankrupt or not. The plans also con­ YEAR OF AGONY FOR LITHUANIA- several of the major lines in the North­ cern themselves with the best way in which 1972 east is in the offing. The continuing oper­ to rehabilitate the often outmoded rail plant ation of these lines is essential to the eco­ in the region. And, however warily ap­ nomic well-being of the region and of the proached, each in its own way talks of the HON. ROBERT J. HUBER ticklish over-manning problem that has country as a whole. House Concurrent haunted railroads, especially the Penn Cen­ OF :MICHIGAN Resolution 240, which I have cospon­ tral, in recent years. IN THE HOUSE OF REPRESENTATIVES sored expresses as the sense of the Con­ The threads of agreement running through Wednesday, June 13, 1973 gress,' a concern that the pending d~ssolu­ the five reports are these: Rail service in the tion of these lines be delayed until ade­ Northeast is essential to the nation's well­ Mr. HUBER. Mr. Speaker, the yearn­ quate examination of the situation by the being. Overcapacity is a critical problem in ing for freedom is difficult to suppre~s Congress can be made, and suitable the area and perhaps one-third to one-half of and nowhere is this more true than m measures taken. Some of the solutions rail facilities must be dropped. The bank­ Soviet-occupied Lithuania. One is re­ ruptcy laws under which the ailing roads are to the problem proposed thus far are out­ being administered are out of date and can't minded of a fire that starts deep in a lined by Mr. Coones: coal mine and no matter how much water get the railroads back to profitability. And THE NORTHEAST'S BIG RAILROAD MUDDLE Congress must shoulder the onus of howes­ is poured down the mine shafts, the fire {By John E. Cooney) sential rail service is to be maintained. smoulders and smoulders only to break The means to such similar ends, however, out somewhere else. This is what hap­ In his "Watergate speech," President differ vastly. At issue is the amount of federal pened in Lithuania last year, where free­ NLxon said he was turning his attention from funding involved {estimates for returning the the scandal to "the larger duties of this of­ Penn Central to profitability range up to $1 dom has been suppressed for many years fice." One of the more pressing problems the since the Red army reentered Lithuania billion or better). The type of federal inter­ President may have had in mind-and one vention to take place is also open to dispute. in 1944. not much more appetizing than the Water­ And none of the plans squarely confront the In March of 1972, a blow was struck gate disclosures-is consideration of what labor issue. against religious repression in Lithuania. role the federal government will play in de­ Some highlights of the reports: Over 17,000 Lithuanians signed a peti­ termining the fate of the nation's largest, -The ICC report, which has the backing of tion and sent it to the Secretary Gen­ and brokest, railroad, the Penn Central the Penn Central's trustees because it calls eral of the United Nations to be relayed Transportation Co. for massive federal aid, innovatively suggests Since the rail unit of the Penn Central Co. a 1% transportation tax plus grants in aid to to Communist Party Secretary Brezhnev. filed for reorganization in June 1970, Con­ The United Nations, in its eternal coma, upgrade rail property. The tax would apply to gress, except when confronted by eme~gency "all for hire, domestic surface transportation or perhaps one should say selective deaf­ situations such as a crippling rail strike or property." The ICC also suggests the joint ness, has taken no action on the petition. critical funding needs, has deftly avoided the use, leasing, sale and merger of track rights In May of 1972, serious rioting broke issue of the big sick railroad and her sister and plant for railroads in the Northeast. This out, initially triggered by the tragic self­ carriers in the Northeast. And the Nixon ad­ property unification effort would b.e accom­ immolation of Romas Kalanta, who ministration has long said it doesn't want to panied by the elimination of duplicate and spend any more money to help pull t~e rail­ parallel lines. burned himself in protest to continued roads out of their troubles. Meanwhile, the Soviet oppression. It is interesting to note -The DOT report, unlike the ICC proposal, Northeast has proven such a sorry place for seeks no federal financing for rehabilitation that Romas Kalanta came from a Com­ business that now five other Class 1 carriers and improvement of equipment. The report munist family-so the indoctrination he operating there as well as several smaller outlines a new non-profit, private corporation received must have failed. ones are also in bankruptcy. The Penn Cen­ that would be charged with creating one or The next Thursday, the day of the tral alone has lost $1.5 billion over the past more new rail systems from the lines of the funeral for Kala.nta, the rioting started, three years and its estate has shrunk by six bankrupt railroads. Under this system, which resulted in hundreds of arrests $500 million to $800 million. the non-bankrupt roads wouldn't be con­ Today, both the Penn Central's trustees sidered part of the package. Thus, the North­ and several deaths. Property damage was and its reorganization court say liquidation is great and several policemen died as well east could wind up with three or four major in the offing, possibly this summer, unless competing systems. as several rioters. legislation is passed swiftly to revitalize the -The Union Pacific plan advocates the or­ In July of 1972, there were anti-Soviet railroad. Several other Northeast carriers­ ganization of a "government-sponsored but demonstrations at the International the Lehigh Valley and the Jersey Central­ rail-industry-owned Federal National Rail­ Handball Championships, held from have already asked for cessation of major ways Association" that would fund the June 11 to 18 in Vilnius. About 150 per­ lines, and the Lehigh Valley wants to ~et a Northeast's railroads and provide for restruc­ date for termination of all its rail operatiOns. turing the track system and plant rehabilita­ sons were arrested for displays of anti­ Naturally the Penn Central, which handles Soviet attitudes by various means. tion. The funding would come from private more than a million tons of freight daily, is of investment sources and be guaranteed by a Sometimes we tend to forget the greater importance than the other roads. And government-owned organization, called the yearnings of the people behind the Iron how it is treated in Washington may deter­ "Railroad Reconstruction and Finance Corp." Curtain for freedom, because they are mine the fate of the other Northeast railroads that would in turn be backed by the U.S. not covered by our television networks as well. Treasury Department. The directors of the every day. But these people live daily SPELLING OUT PLANS FNRA would be drawn from the federal gov­ with tyranny and have very few rights of In light of these circumstances, what can ernment, shippers, labor and the rail in­ citizenship, if any, as we define such Congress do? There have been a number of dustry. things in the free world and we should suggestions recently in the form of reports -The Hartke plan simply calls for the fed­ and plans dealing with the plight of the eral acquisition of the Northeast's bankrupt not forget this, nor should we allow our Northeast roads. And, as a result, some of railroads as well as the acquisition of lines of imminent guest Chairman Brezhnev to the many dh·ections the railroad can travel­ the non-bankrupt carriers. This form of na­ forget it either. ranging from nationalization to attempts to tionalization also calls for substantial federal 19526 EXTENSIONS OF REMARKS June 13, 1973 funding for plant rehabilitation and for sub­ ments-some dating back to the last cen­ other cities of the Ukraine. Thus began sidies to prevent abandonment of service that tury-with 37 lease lines. Such leases ac­ the infamous political famine in the is deemed "essential." count for 53% of the railroad's 20,000 route The Adams plan would set up a semi­ miles, ranging from the mile-long Central Ukraine. public corporation to run "essential" freight Railroad Co. of Indianapolis to the Phila­ Today we commemorate the 40th an­ service. It could sell common stock, obtain delphia, Baltimore and Washington Railroad niversary of the 7 million Ukrainian men, government-guaranteed loans or sell the gov­ that operates 2,277 miles of track. Just try­ women, and children who died from ernment preferred stock. The DOT would des­ ing to figure out who gets what while un­ mass starvation and hunger which has ignate the essential rail service, subject to raveling these lease line contracts could take gone down as one of the most stagger­ ICC review and congressional approval, but years. ing acts of genocide in history. Such was the corporation would decide which of the What also has to be determined before any the price the Ukrainians paid for val­ parallel tracks to use. The corporation would plan is enacted is how much funding Con­ revert to totally private ownership when any gress is going to work with, which will be iantly resisting forcible collectivization. money advanced by the government was paid the ultimate determinant of the course the The Ukrainian Congress Committee of back. Any nonessential freight operations Penn Central and other rails follow. Anum­ America-UCCA-founded in 1940, is a would be operated on subsidy from shippers ber of observers feel the administration will strong advocate of freedom and inde­ (in the form of higher rates), communities be forced to loosen its purse strings, but how pendence for the Ukraine. Their dedi­ and the federal government, a suggestion also much money will go to the rails no one really cated work for the preservation of free­ found in the ICC report. knows at this point. The administration dom at home and the establishment of now talks of $40 million "seed money" to get Also there is always the possibility that the liberty in the Ukraine and other captive Penn Central would be allowed to lapse into the DOT plan off the ground. liquidation this summer, thereby negating No matter what happens, though, two fac­ nations has been outstanding. A recent the need for any reorganization plans at all. tors are certain. One is that the Penn Cen­ statement released by the Hartford, John P. Fullam, the federal judge who is tral won't remain as it is much longer. And Conn., branch of the UCCA stated: overseeing the Penn Central's reorganization, the second is that the rail issue, especially The memory of this famine remains has raised the point of how long the estate the part played by the Penn Central, will a bitter one for Ukrainians because the rea­ can erode without infringing upon the con­ remain around for years to come. sons for it were entirely political. By orders stitutional rights of the railroad's 23,000 A LIKELY PROSPECT of the USSR government, the entire 1932- creditors. Indeed, he says the railroad can't What will most likely happen this sum­ 1933 harvest was confiscated and shipped out continue operating beyond Oct. 1 in its pres­ mer is that a legislative package will be of the Ukraine. Peasants' homes were ent condition. And he set a July 2 deadline for passed that will call for either the ICC or searched and hidden food caches taken. No the Penn Central to file definitive plans for the DOT, or a new federal rail agency, to food from outside the Ukraine was permitted either the reorganization of the carrier or th.e draft a rail system in the Northeast. A to reach the populace and millions of inno­ "liquidation or other disposition of the enter­ moratorium would be called on any liqui­ cent people died. The purpose of this so-called prise." dation proceedings by the reorganization "agricultural experiment" was a social and But the likelihood of Congress allowing tfie court for a year until such a master plan has political genocide. The USSR government railroad to I.apse into liquidation isn't very been drawn up. And provision would be made sought to destroy the base of Ukrainian so­ strong. For one, the railroad simply can't for interim short-term funding to be made ciety and thereby permit collectivization of shut down. It has been estimated that if tlie available to the railroads at times of criti­ agricultural lands. To complete their destruc­ Penn Central stopped running, national pro­ cal need. tion, thousands of wealthier peasants and ductivity would be cut by 3 % and unemploy­ Besides identifying once and for all what intellectuals were forcibly deported to North­ ment in the nation would be boosted by 60% is essential service for the area, the rail plan­ ern Siberia. The people of Ukraine, although due to the rippling effect on other businesses. ers would determine whether the Penn Cen­ subjected to continued russiflcation pro­ That means the road must be kept running tral should be split into two or more healthy grams, have a proud cultural heritage which while the court gropes for .an "orderly liqui­ railroads as well as which lines-if not all­ they are struggling to maintain .... dation" which would see a graceful transition are going to need federal subsidies or high­ from the Penn Central's method of operation In addition, Mr. Speaker, I submit the er rates by shippers. following excerpt from an article pub­ to another-as yet ill defined-way of contin­ Unfortunately, however, the fly in the oint­ uing service. Such action could take years. ment remains the labor problem. It has been lished by the Norwich Bulletin on Jan­ And no matter what happens, it is clear that a estimated that it could cost several billion uary 21, 1973. This is a quote of Myron number of problems facing the Northeast rail dollars to buy out the labor contracts for Techlowec, president of the Norwich industry will have to be confronted as well. the Penn Central alone, a prospect Con­ branch of the Ukrainian Congress Com­ SOME SHORTCOMINGS gress isn't about to consider. And no one mittee of America: All of which points to some of the short­ has come up with a concrete suggestion on Today, Ukraine more than ever is a comings of the reports that have been issued. how to handle the overmanning situation. colony of Communist Russia, a land of in­ There is, for example, general agreement that This one issue may prove unresolvable and human persecution and economic exploita­ xnanpower should be trimmed. But none of thereby hinder any master plan and legisla­ tion. Ukraine's entire history of Soviet dom­ the propos.als grapples with the controversial tion designed to cope with the Northeast rail ination is a ghastly record in inhumanity, issue other than hazy talk of "protective ar­ problem. outright persecution and genocide, and vio­ rangements," federal subsidies or financing lations of human rights on a scale not known surplus labor through loans or bond sales. in xnankind's history. Russia's leadership Of the Penn Central's 80,107 employes, some IN MOURNFUL COMMEMORATION under Stalin and through the years to Brez­ 74,000 of them are covered by union con­ OF THE MANMADE FAMINE IN hnev-Kosygin, marked Ukraine for physical tracts. It isn't likely that the unions-which THE UKRAINE-1933-34 destruction and denationalization. the Penn Central asserts still carry considera­ During Moscow's 50-year rule over Ukraine, ble muscle in Washington-would stand idly literally millions of Ukrainians have been by and watch their ranks be decimated by HON. ROBERT H. STEELE annihilated by man-made famines, deporta­ liquidation or legislation. OF CONNECTICUT tions and outright executions. The main tar­ The vehemence of such opposition can be get of Moscow's fury are young Ukrainian witnessed by the United Transportation IN THE HOUSE OF REPRESENTATIVES intellectuals-poets, writers, literary critics, Union's fierce resistance to the Penn Central Wednesday, June 13, 1973 playwrights, professors and students who are trustees' recent attempt to phase out some charged with "anti-Soviet propaganda and 5,700 of the 23,000 jobs the UTU holds with Mr. STEELE. Mr. Speaker, 40 years agitation," though, in fact, these people pro­ the railroad. The trustees' try at introducing ago, the Government of the Ukrainian fess loyalty to the Soviet state, but fight a "crew consist rule" last February resulted in Soviet Socialist Republic, acting upon against its abuses, violations and pollee rule. a one-day strike that ended only after Con­ instructions from the Kremlin, instituted Both the Ukrainian Orthodox Church and gress clamped a 90-day moratorium on such a law preventing the Ukrainian people the Ukrainian Catholic Church have been action. Now the railroad says it won't make ruthlessly destroyed and their faithful mem­ another attempt at putting the work rule from harvesting their wheat from the bers incorporated into the Kremlin-con­ into effect because it might not be able to fields or taking grain from State ware­ trolled Russian Orthodox Church. All aspects sustain another strike. houses. The penalty for breaking this of Ukrainian life are rigidly controlled and There is also the question of what must law was execution on sight. In addition, directed by Moscow: The Academy of Sci­ constitute the future rail system in the the Soviet Government dispatched ences, all scientific and research institu­ Northeast. Both the ICC and the DOT indi­ agents and troops to the Ukraine to forc­ tions, universities, publications, the press, cate they feel that they each should be al­ ibly confiscate all grain and food caches. various organizations, trade unions, and so lowed to determine what it should be. While thousands in the villages died of forth. Then there is the problem of untangling Both the President of the United States the railroad's intricate web of leased lines starvation, thousands more fled to the of America and the U.S. Congress have ex­ and determining what to do about the lines' cities in search of food. They died on the pressed their concern over Ukraine by en­ bondholders. The Penn Central has agree- streets of Kharkiv, Kiev, Odessa, and acting the Captive Nations Week Resolu- June 13, 1973 EXTENSIONS OF RE~IARKS 19527 tlon in 1959, whereby the Ukraine is enu­ ing more than 160 miles a day from her Hospital, as well as being chairman of merated with 21 other Non-Russian captive Greenwich home to the State capitol in the hospital development council. nations in the USSR. Hartford. Breck Newman rounds out this splen­ "Today, ... the 47 million people of the Ukrainian Nation still cherish and nur­ One of the first maxims I learned on did record of community service as a ture the ideas of freedom and liberty and the being elected to the State house of rep­ member of the board of directors of the restoration of the Ukraine to its rightful resentatives was "When Florence speaks, Middletown Savings Bank, the Rockfall status in the family of free nations. The you listen." This admonition is seriously Corp., and a member of the Middletown freedom loving people of Ukraine have not adhered to by all and I can tell you from Advisory Board of the Hartford National accepted Soviet Russian domination and personal experience of the almost mag­ Bank. have been fighting for the reestablishment of ical hush which falls over the senate Mr. Newman will be honored by the their independence by all means at their chamber when the lady from the 36th Middlesex Chamber of Commerce at disposal." senatorial district rises to speak. their 78th annual banquet on Monday, Despite the outward trappings of sov­ In my mind, her ability to gain this June 18, 1973. Gov. Thomas J. Meslilll ereignty and independence of the unanimity of attention is the result of will be the keynote speaker at this event. Ukrainian Soviet Socialist Republic, the two very sound attitudes: Respect for her Mr. Speaker, it comes as no surprise to Ukraine today remains a "captive and years of experience and a desire to learn me that such an outstanding person who submerged nation." from the wisdom she imparts. has done so much for his community and Political change is accelerating I know of no instance when Florence State should be honored in this way. throughout the world, however, and it Finney asked anything for herself. Her Breck Newman is the epitomy of the citi­ may well be that future changes will only interest, apart from her family, has zen in action, unselfishly giving his time, again give the Ukrainian people the op­ been the betterment of her beloved Con­ talent, and energies to the cause of com­ portunity for self-determination. In ad­ necticut and the service she has given munity service. It is with great honor dition to pressing the Soviet Union to the people of Greenwich and Stamford. that I salute John "Breck" Newman as observe the principle of self-determina­ Her dedication to the legislative process the 1973 Northern Middlesex Chamber tion, our objective should be to do all we knows no bounds and I would say is of Commerce Outstanding Citizen. can to encourage the Ukrainian people, unmatched in anyone's memory. through recognition, communication, Characteristically, on her election as and moral support, to maintain their president pro tempore, she told her col­ national spirit, national identity, and len.gues in the senate, "Whether I suc­ INSURANCE, NOT PUNISHMENT national will until that time arrives. ceed will depend on you." In the past, we in Congress have viewed Mr. Speaker, I can tell you that the HON. ANCHER NELSEN with grave concern and spoken out in people of Connecticut's 36th district will behalf of Soviet Jews, Baptists, Lith­ continue to be well served, but most as­ OF MINNESOTA uanians, Estonians, Latvians, and other suredly, I can guarantee that the Con­ IN THE HOUSE OF REPRESENTATIVES oppressed minorities within the Soviet necticut State Senate will be well guided. Wednesday, June 13, 1973 Union who suffer cultural, religious, and Mr. NELSEN. Mr. Speaker, Mr. Gordon political injustices. It is, indeed, appro­ Williams, who is chairman of the Min­ priate, Mr. Speaker, that we now focus nesota Health Care Committee, recently our attention and concern on the JOHN B. NEWMAN: OUTSTANDING CITIZEN brought to my attention an editorial from Ukraine and her people, in commemo­ the Minneapolis Tribune. He felt that the ration of the 7 million men, women, and editorial would be worth sharing with children who died 40 years ago, coura­ HON. ROBERT H. STEELE my colleagues, and so I ask that it be in­ geously resisting the demands of their OF CONNECTICUT serted in the REcoRD. Soviet oppressors. Let us not forget the IN THE HOUSE OF REPRESENTATIVES This subject is one that has been manmade famine of the Ukraine and bandied about in the Congress for some let us rededicate ourselves to the prin­ Wednesday, June 13, 1973 time now, but I suspect that the 93d will ciple and goal of freedom and self-de­ Mr. STEELE. Mr. Speaker, each year be the Congress to finally address the termination for all peoples. the Northern Middlesex, Conn., Chamber problem. At present, I am cosponsoring of Commerce honors one citizen as the two bills that take somewhat different area's outstanding citizen of the year. I approaches to the question of Federal as­ THE HONORABLE FLORENCE take great pleasure in recognizing John sistance in the provision of health care, FINNEY B. Newman of Portland, president of and I believe it is important that all view­ Hazen's Inc., as this year's outstanding points be heard before we proceed. citizen. I am sure, Mr. Speaker, that all of HON. STEWART B. McKINNEY "Breck," as his friends call him, has us will want to give considerable thought OF CONNECTICUT contributed his great energy and talent to how we proceed in each of these areas IN THE HOUSE OF REPRESENTATIVES to the area for many years. Graduating and the costs theywill incur. with honors from Wesleyan in 1938, The editorial follows: Wednesday, June 13, 1973 Breck went on to Morse Business Col­ INSURANCE, NOT PUNISHMENT Mr. McKINNEY. Mr. Speaker, the lege in Hartford, where he completed The Health Insurance Institute, in its pub­ Connecticut General Assembly recently courses in the management development lication Health Insurance News, reports a concluded what some have characterized institute. trend in the industry that indicates that the as one of its most productive legislative Breck's service to the community and term "health insurance" means a lot more sessions. There is little doubt, however, his intense interest in people has made than it used to. that one of its finest acts came last Tues­ him an asset to Middlesex County. This Many group health-insurance policies, the institute reports, have been extended to cover day when the senate elected the Hon­ "outstanding citizen" is a past com­ treatment of mental illness, alcoholism, drug orable Florence D. Finney, of Greenwich, mander of the Middletown Power Squad­ addiction, births out of wedlock and venereal as its president pro tempore. ron, charter member of the Middletown disease, and to provide for abortions, Mrs. Finney, a young and vigorous 70, Jaycees, a member and former trustee vasectomies and other operations and pro­ is currently completing her 25th year in of the First Church of Christ, Congre­ cedures. the State legislature. Since her election gational, in Middletown, and a past pres­ Many of these things have not previously in 1948 to the State house of represent­ ident of the Middletown University Club. been covered by insurance companies on the atives, Mrs. Finney has served three con­ In addition, Breck is a past president basis that in most cases they were "self-in­ ficted" problems. But at the same time those secutive house terms and is now in her of the Middletown United Fund, and companies provided benefits in maternity lOth consecutive Senate term. general campaign fund chairman. In _cases, which are hardly less self-infiicted Mr. Speaker, she has never lost an 1967 he was the recipient of the United than the other physical conditions. election and incredibly, she has never Fund's Community Service Award. Pres· This broadened coverage represents, pre­ missed a general assembly session day, ently, he is on the board of directors and sumably, a certain combination of consumer even though this record has meant driv- secretary of the Middlesex Memorial demand and actuarial reality. But it also 19528 EXTENSIONS OF REMARKS June 13, 1973 seems to represent a willingness by insurance Similarly, Herbert L. Porter might be mony apparently never talked about what companies to accommodate to changes in questioned on the destruction of records she had done for Liddy before the Water­ social attitudes. Mental illness has lost much gate trial since she never appeared as a wit­ of its stigma, and alcoholism and drug addic­ that allegedly took place in the week ness. tion are increasingly being looked upon as after the Watergate arrest. The article She did testify that in a conversation with health rather than moral problems. Venereal also suggests that Mr. Porter be ques­ Liddy, her former boss told her to tell the disease, abortion and illegitimate births may tioned in more detail about how he first truth. Apparently she either did not or never be seen by some as physical manifestations learned of the Watergate arrests, since was asked about "Gemstone" and related of moral failures, but insurance companies, this information could be used in ques­ matters. Why? Perhaps her memory of them like doctors, are not selling character ref­ tioning principal witnesses during later did not come back until recently. What ormation but help for people with problems. hearings. happened, who has she talked to in the We hope that society is moving away from Mr. past months that led to her new, but still the belief that those who go through physical Pincus provides a valuable service somewhat limited, disclosures? The commit­ suffering and financial strain due to their in emphasizing that it is vital, during the tee ought to get her back to clear up these or their dependents' social transgressions are first weeks of the committee's hearings, questions. only getting their just punishment. that all the facts of this complicated epi­ In Robert Reisner, Magruder's former ad­ sode be established. As the hearings pro­ ministrative assistant, the committee had a gress, important or possibly significant cooperative witness with a good memory for testimony should not be overlooked in facts. Reisner told of putting "Gemstone" the haste with which witnesses are nec­ material in folders destined for John Mitch­ THE WATERGATE HEARINGS WILL ell. But he was never asked if he knew WE GET THE WHOLE TRUTH? essarily called. whether that material ever came back to The text of Mr. Pincus' article follows: Magruder-in short whether Mitchell kept THE UNASKED QUESTIONS the documents. Reisner also said copies of HON. H. JOHN HEINZ III (By Walter Pincus) material sent to Mitchell normally went to Debate over continuing the televised H. R. Haldeman at the White House. He OF PENNSYLVANIA never was specifically asked whether copies IN THE HOUSE OF REPRESENTATIVES Watergate hearings of Sen. Sam Ervin's in­ vestigating committee has focused primarily of "Gemstone" material, known to be sen­ Wednesday, June 13, 1973 on two issues: the sessions are dragging with sitive, were also sent to the White House. too much detail from secondary figures Reisner disclosed he was never questioned Mr. HEINZ. Mr. Speaker, I rise to bring boring the public; and the extensive publicity on his knowledge of "Gemstone" material un­ to the attention of the House two given the revelations might prevent success­ til March 30, after the Watergate trial was thoughtful, and it seems to me, comple­ ful future prosecutions. over and McCords' letter to Judge John Si­ mentary recent discussions of the Senate I would like to suggest an altogether differ­ rica raised questions of perjury. At that time, Watergate hearings. ent danger posed by the conduct of the first it was an Ervin committee investigator who three weeks of public questioning-the com­ came to him, not anyone from the Nixon The first, an article by Mr. Walter committee or the U.S. Att01ney's office. Reis­ Pincus entitled "The Unasked Questions" mittee is not questioning enough. Through haste or lack of preparation, it is missing its ner thus would have bee.n a good witness in the June 12 edition of the Washing­ to describe what happened within the Nixon ton Post, is critical of the depth and de­ chance to lay a firm factual base against committee and particularly Magruder's of­ which the senators will then be able to fice during the first weeks after the break-in. gree to which the Ervin committee has question the principals from the White House gone in questioning preliminary wit­ He was not asked. and the Nixon re-election committee. Almost Herbert L. Porter, the Nixon committee's nesses like Mrs. Sally Harmony and from the first day after the arrests at the director of scheduling who disclosed to the Mr. Herbert L. Porter, and their failure Watergate, when campaign manager John committee last week he perjured himself, to call Mr. Robert Reisner as a witness. Mitchell misled the public on James W. will return to testify today. Last week he Mr. Speaker, it is my personal opinion McCord's employment with the campaign, told how Magruder approached him to lie to that the bugging of the Watergate head­ webs of lies have been draped over the affair. the federal investigators "11 or 12 days" af quarters of the Democr:atic National The Ervin committee has the chance-and ter the break-in or around June 28. the responsibility-to establish the facts. Porter's story should be reviewed in de­ Committee was an arrogant, criminal However, in the hearings to date, aimed at subversion of the American electoral sys­ tail because, as earlier testimony showed, detailing the Watergate break-in, the back­ attempts were being made to have Nixon tem. Under the supervision of special ground and the coverup that followed, the Treasurer Hugh Sloan Jr. change his testi­ prosecutor Archibald Cox, those respon­ senators and their counsel have missed mony on the same subject as late as July 13. sible for this incident should be prose­ opportunities to develop facts that will be Porter also should be asked about his state­ cuted to the full extent of the law. needed later on to sort out exactly what ments to the Nixon committee lawyers, the Since it is of paramount importance happened. FBI, the federal prosecutors and the grand that we act to assure a thorough, force­ One major failure was in the questioning of jury. Particularly, he should be queried on ful investigation of every aspect of the Mrs. Sally Harmony, secretary to convicted how deep the questioning went on his phony conspirator G. Gordon Liddy. Mrs. Harmony story, in an attempt to see if any or all these Watergate incident, including the subse­ retyped the taped telephone logs along with investigators were willing to accept it at quent cover-up efforts, I believe the Er­ other intelligence information under the code face value. vin committee should not forgo any op­ name "Gemstone." On several occasions Liddy Porter also should be questioned on the portunity to develop facts and the testi­ dictated such reports to her, which she took destruction of records that--although de­ mony of witnesses which can be used to down in her shorthand notebook and later nied-appears to have taken place in the set the stage for further questions to be retyped. Once she received a telephone log week after the Watergate arrests. Reisner directly from McCord. After the affair was testified he "consolidated" sensitive files asked of major witnesses. over and a bill for the "Gemstone" stationery As Mr. Pincus' article indicates, Mrs. and delivered them to Magruder who selected arrived, she asked Deputy Campaign Director those to be destroyed. Sloan on June 23 Harmony had information which could Jeb S. Magruder about it and he told her finished up his summary of cash disburse­ possibly have led to the discovery of to destroy it. In short Mrs. Harmony had in­ ments and contributions, gave one copy to others, superiors of Gordon Liddy, who formation which would start a trail to others, Finance Chairman Maurice Stans and de­ had knowledge of the wiretapping prior above Liddy, with regard to pre-June 17 stroyed all the backup material. Mrs. Har­ to June 17. She might have had infor­ knowledge of wiretapping. She also had to mony went through Liddy's files on June 28 mation on the the cover-up itself, but have information on any cover-up, if just in and destroyed those that had his handwrit­ in both of these areas the committee re­ the manner in which she was questioned and ing on them. What, if anything, was de­ how she responded. She told the senators that stroyed in Porter's area? frained from questioning her in depth. as of June 18, she knew she was involved in Mr. Finally Porter should be questioned in Pincus suggests that the committee something illegal. What happened next? more detail about how he first heard about recall her to ask her more specific ques­ The committee failed to press Mrs. Har­ the Watergate arrests. He briefiy described tions. mony in any of these key areas. Liddy was Magruder in California looking for a "se­ The writer also argues that Mr. Robert suspect within the re-election committee cure" phone at 8:30a.m., June 17, to take a Reisner, Magruder's former administra­ from the start. Was Mrs. Harmony ever call from Liddy. What happened the rest of tive assistant, would have been a witness questioned by Nixon committee officials or that day in Los Angeles where, along with competent to testify about "Gemstone" their lawyers? What did she tell them? She Magruder you had Mitchell and his two as­ was questioned by the FBI, although after sistants, Fred LaRue and Robert Mardlan. material, intelligence information al­ she destroyed her records. What did she tell The next day, according to Porter, Magruder legedly given to John Mitchell. Reisner them? It was brought out that she had ap­ was said to have "spent the whole morning may have been able to describe events peared before the grand jury, though no on the telephone with Key Biscayne." That within the reelection committee during senator asked her the dates of those appear­ should be developed. The President was in the first 4 weeks after the break-in. ances. They were important. For Mrs. Har- Key Biscayne that day and most certainly June 13, 1973 EXTENSIONS OF REMARKS 19529 questions were being asked and answers giv­ people to find out the truth about the Wa­ verified in a court of law are lacking each en on the Watergate operation. Who did he tergate case than to send one or two people morning when Senator Ervin's gavel comes talk to? Whatever Porter can tell about what to jail." down and the Senate's trial of the Nixon went on that day and in the days that fol­ This statement brings us to the heart of Administration before the court of public lowed would be invaluable to any close ques­ the current concern over whether prosecu­ opinion resumes. These departures from the tioning of the principals in the days to tors and juries or Senators and network rules of fair play-rules fundamental in come. TV crews should be in the lead on this Anglo-American jurisprudence-occur not by All this is not to say the committee is on Watergate investigation. Let's probe a little the malice of any individual or the design the wrong track or off to a particularly bad further into the implications of the think­ of any faction, but simply by the nature start. The first days of any investigative ing of my esteemed friend, Chairman Ervin. of a legislative hearing as compared to a hearing are difficult-techniques and styles Getting the truth out into the open, he courtroom proceeding. But they are no less must be worked out, a pace must be estab­ says, is more important than just jailing troubling to fairminded observers for that lished. people. I could not agree more. Jailing the reason. The easy witnesses are coming to an end convicted criminal is only one part of what Let's examine these seven missing safe­ and a good deal of important information justice is all about. Justice in its deepest guards: has been needlessly passed over. One solu­ meaning involves the assurance that we live 1. In the Senate hearing, there is no ab­ tion for this initial problem might be for in a society where the individual is truly solute ?'ight of cross examination afforded the senators to divide up specific areas­ free; the confidence that we are ruled by a the persons accused or named by a witness. one concentrate on pursuing what went on government of laws, not of men; and the Thus there is no opportunity to test the the week after the break-in, another going demonstrated proof that innocence and guilt accuracy and veracity of a hostile witness. after what each witness did, who he talked alike are rewarded or punished as they The right of cross examination is a basic to in the period following McCord's letter deserve. right in a judicial trial. This right is particu­ of March 24. Such a program would have There can be no justice without public larly important when a witness himself the added effect of eliminating the scatter­ trust, and there can be no trust without a stands accused or already convicted and shot questioning that has ensued with each systematic and thorough airing of the whole hence has a motive to implicate others to witness after a basic story had been told. truth about affairs that concern us all. mitigate his own offense or to exonerate him­ I cannot agree, however, with the sugges­ self. To get at the truth, it is vitally im­ Mr. Speaker, while I sincerely hope tion that determining the truth and con­ portant that each individual not only have the Senate Wategate Committee will im­ victing the guilty are two entirely separate an opportunity to present his own version prove its efforts to discover all the truth, processes, one for the Congress to pursue of the facts, but that he also submit to vigor­ I believe it is also important to point out and the other for the courts. The truth itself ous cross examination by those opposite him that the pursuit of truth requires the es­ is what a court relies upon in deciding in t.he adversary proceedings. tablishment of facts, as opposed to hear­ whether to convict or acquit a defendant. 2. In the Senate hearing, the right of per­ say or inuendo that may sometimes have And because human freedom, fortune, repu­ sons accused or named in testimony before tation, and in some cases life itself hang in the Committee to be represented by counsel the appearance of factual evidence. the balance with the making of that deci­ is severely abridged. In this connection, I also include the sion, our judicial system has developed the The defendant's right to rerpesentation by text of Monday's address by Vice Presi­ most careful procedures that exist anywhere counsel in a criminal trial is guaranteed by dent AGNEW to the National Association in our whole society for testing and verifying, the Constitution itself. At the Senate hear­ of Attorneys General. His enumeration of checking and double-checking, the truth ings, in contrast, witnesses may have counsel the legal safeguards for the establish­ about what men did or did not do and why. at their side for advice only; their lawyers Justice Felix Frankfurter once wrote, " ... can take no active part in the colloquy ment of evidencA-Or more simply, among Committee, staff and witnesses. facts-seems particulary relevant as the the history of liberty has largely been the history of the observance of procedural safe­ 3. In the Senate hearing, there is no firm Watergate hearings move into a most guards." guarantee of an opportunity for persons ac­ crucial stage with the imminent appear­ How very pertinent his observation is to cused or named by a witness to rebut that ance of J eb Magruder and John Dean. us as the Watergate story unfolds. What is testimony by calling other witnesses or intro­ If any casual conduct of the Senate critically lacking, as the Senate Select Com­ ducing other evidence; there is not even a Watergate hearings results in something mittee does its best to ferret out the truth, formal assurance that the accused person less than the establishment of the truth is a rigorous set of procedural safeguards. himself will have a chance to testify. Lacking such safeguards, the Committee, The right to rebut testimony is funda­ and the attainment of a high standard of mental to a fair trial, and yet is being ob­ just:.ce, then the people, in whost name I am sad to say, can hardly hope to find the truth and can hardly fail to muddy the wa­ served in only the most casual way in the these hearings are pursued, will not have ters of justice beyond redemption. Watergate hearings. James McCord, for in­ been well served. Some people have argued that rules of evi­ stance, made a number of charges against Vice President AGNEW's address fol­ dence and guarantees of due process don't his former attorney, Gerald Alch. Mr. Alch lows: matter so much in the Ervin hearings be­ had not been scheduled as a witness, and it ADDRESS BY THE VICE PRESIDENT OF THE UNITED cause nobody is really on trial up there. The is unclear whether the Committee ever would have called him had he not happened to be STATES TO THE NATIONAL ASSOCIATION OF mission of the hearings, this argument runs, immediately available and demanded a ATTORNEYS GENERAL, ST. LOUIS, MO., is purely one of information gathering. But JUNE 11, 1973 Chairman Ervin himself has suggested other­ chance to speak. Thus we might never have wise. "My colleagues and I are deterlllined," heard Mr. Alch contradict Mr. McCord-and The Scripture tells us, "To every thing the public might never have known that there is a season." The season of sUinmer, in he said on the day the hearings began, "to uncover all the relevant facts ... and to James McCord has possibly perjured himself television, usually brings little but reruns before the Committee. and unknowns in place of regular stars. But spare no one, whatever his station in life may be." 4. In the Senate hearings, there is no this summer it's different. Somewhere on guarantee of an opportunity for persons your TV dial, morning, noon, and night for To me, ladies and gentlemen, that phrase "spare no one" sounds very much like an accused or named by a witness to introduce the next several weeks or even months, you evidence which tends to impeach the ac­ will be able to find a gripping drama-the adversary process, a trial situation. There is no escaping the fact that the hearings have cuser's credibility by establishing bias or Senate investigation of that web of crimes interest on the part of the person making the and controversies that has come to be known a Perry Masonish impact. The indefatigable accusation. as Watergate. camera will paint both heroes and villains in lurid and indelible colors before the pub­ Such an opportunity is available in every Let me say at the outset that as enter­ judicial trial and should also be guaranteed tainment these hearings have undeniable lic's very eyes in the course of these proceed­ ings. This is essentially what is known in in the Watergate hearings, especially when audience appeal. And I do not doubt that we are dealing with people whose jail sen­ they are sincerely motivated as to legislative politics as a "beauty contest" and the at­ tractiveness and presence of the participants tences may depend in large measure on what fact-finding and public education. But the they tell the Committee. point which many people have now begun may be more important than the content of to question is whether this is the right time the testimony. Particularly disturbing are 5. In the Senate hearing, unlike a trial, for the Senate hearings to be going forward. the compliments to some witnesses and the the witness is permitted to introduce hearsay One of the Senate's most respected elder stony silence accorded others at the close evidence. statesmen, Sam Ervin of North Carolina, the of their testimony. Even though the Chairman has in good eminent constitutionalist and civil liberta­ There is no question whatever that some faith repeatedly emphasized that hearsay rian who heads the Watergate Committee, men despite their innocence will be ruined testimony is not receivable as truth, it is was asked not long ago if the hearings might by all this, even though I am sure that the difficult for tens of millions of viewers to not jeopardize the judicial proceedings-a Senate intended nothing of the kind when disregard what they have just heard. point that Special Prosecutor Cox himself has it commissioned this investigation. As Justice Jackson said in an opinion on now publicly raised. That is why it ought to concern all of us the 1949 case of Krulewitch v. U.S., "The The Senator answered, and I quote, "It is that in at least seven basic ways, the orderly naive assumption that prejudicial effects can much more important for the American procedures by which facts are elicited and be overcome by instructions to the jury . . • 19530 EXTENSIONS OF REMARKS June 13, 1973

all practicing lawyers know to be unmit igated with an ugly resentment at the spectacle of changed dramatically in the last several fict ion ..." wrongdoers going scot!ree. months. From a situation where the news In the Watergate hearings, the witness is For those who have done no wrong-and media-to their great credit--were one of the rrot only permitted to give hearsay but posi­ experience would lead us to assume that principal farces pushing for full disclosure, t ively encouraged to do so. When a witness they far outnumber any who have-the pros­ we have now moved into a situation where t estifies to what some third party told him, pect of justice is bleaker still. Irreparable excessive haste to print the spectacular may l1 e frequently is then asked to elaborate on harm may well be done to the good name of actually frustrate the processes of truth and details of the hearsay statement and pressed the innocent by accusations leveled in tele­ justice. to say whether his informant mentioned still vised hearings and never conclusively re­ The journalism profession never tires of ot her persons. The effect of such lines of futed in a court of law, the only institution t elling us that it is a public service institu­ questioning is to strengthen the public's in our system whose exoneration of an ac­ t ion, not merely a profit-making enterprise. erroneous impression that the rumor and cused person is definitive and final. The weeks and months ahead will put that hearsay can be considered as reliable In listing these seven deficiencies in the content ion to an acid test by challenging re­ evidence. procedures of the Senate Watergate hearings, porters and editors to think twice about those 6. In the Watergate hearings, the witness I do not mean to imply that the Ervin com­ sensational leaked-source stories that might is permitted to testify as to his inferences, mittee is proceeding in a haphazard or dis­ boost circulation but which could also malign his impressions, even his speculations. orderly fashion. Far from it. They have a t h e innocent and help to acquit the guilt y. In a judicial trial, such so-called opinion carefully drawn and published set of rules Finally, let everyone understand that as testimony is totally inadmissible as evidence. to guide their investigation. Even where I have here extolled the virtues of our court Guilt or innocence, truth or falsehood, are those rules may seem to approximate judicial system, I no less subscribe to the immense determined in a court by facts, not guesswork. fairness, however, a closer reading reveals value of the Congressional investigative proc­ In contrast, who can forget the May 23rd that they are not ironclad guarantees of due ess-a process which I regard as one of the dialogue between Senator Montoya and wit­ process after all for their application is left essential pillars of sound government in our ness John Caulfield on the alleged offer of to the committee's discretion. system. What I have said here is not directed Executive clemency to James McCord: It is easy to understand the urgency which in anyway to the weakening of that essen­ Q. "Now, you mentioned that Mr. Dean had many attach to seeing the Ervin hearings tial feature of the legislaitve process. Nor is instructed you to say that it comes from way go forward, since the judicial process was it meant to impugn in the slightest the sin­ up at the top." at first stalemated by the silence of many cerity or objectivit y of any member of the A. "Yes, sir." key figures, and then later shadowed by the investigating committee, for each of whom Q. "What did you conceive that to be at lingering concern that the Administration I have only the highest respect. the time?" was essentially investigating itself, without A. "Well, sir, in my mind I believed that an independent figure leading the I have simply endeavored to express my earnest personal belief that in this particu­ he was talking about the President." prosecution. Later in the same appearance, Mr. Caul­ But now those conditions no longer pre­ lar circumstance, as the court proceedings field said that he had never had any con­ vail. One major witness after another is com­ struggle toward justice and as the Senate versations with the President with regard ing forward to tell what he knows, and a hearings reach in their way todard truth, to Executive clemency and that Mr. Dean Special Prosecutor of impeccable integrity it does appear that the latter can hardly had never specific.ally said the alleged offer has taken command. fail to injure the former-end I feel that came from the President. There is no denying that a judicial trial every American citizen should understand Thus we were left only with Mr. Caulfield's sometimes falls well short of airing all the that. personal opinion--an opinion that would circumstances and ramifications surrounding Justice Banjamin Cardozo, one of the never have been permitted in a court of law a crime or controversy, particularly when great American jurists of this century, lE'ift because its truth can't be tested. guilty pleas are entered as they were in the us a wise reminder when he wrote, "Justice is The stark differences between the Water­ first Watergate trial last January. The courts not to be taken by storm. She is to be wooed gate hearings .and our basic concepts of jus­ can't do it all. What a court can do, however, by slow advances." tice came screaming out that night when with far greater precision and fairness than The storm of public indignation aroused the Washington Star's banner headline an­ any legislative committee, is to establish the by this sordid Watergate affair is an under­ nounced "Felt Nixon Knew, Caulfield Says." central facts of individual culpability-the standable reaction, and a healthy one. But The next day, The New York Times carried task that now stands first on the Nation's the raw and undisciplined forces of such a a simil.ar banner on an inside page "Caulfield Watergate agenda. storm cannot by themselves achieve justice, Asserts He Believes President Authorized Instead, one is now left with the feeling as Cardozo warned. Those forces must be Clemency Offer to McCord." that hearings which began on the premise harnessed by the instincts of fair play that By any standard, this kind of thing can that it is more important to bring out the are so basic to our society, and they must be only be termed a gross perversion of justice. truth than to jail people may wind up block­ channeled through the established institu­ 7. The last among the missing procedural ing the imprisonment of some who are guilty, tions best equipped for the difficult dual safeguards is the prohibition against cameras. smearing the reputation of many who are task of protecting the rights of the individual The reason that cameras are banned from innocent, and leaving the truth itself very and enforcing the law of the land. most judicial trials is that they introduce an much in doubt. This will not be the shortest or easiest way emotional and dramatic factor which gets Many have therefore suggested that it for America to untangle the tragedy of in the way of a deliberate, dispassionate pur­ would be helpful if this unavoidably loose Watergate and repair the damage done-but suit of truth. The court can too easily be­ process--£o harmful to so many and poten­ beyond a doubt it is the safest wisest way. I come a theater. tially so injurious to our country in ways ask all of you, as dedicated servants of the In a judicial trial, the public are only even reaching far beyond our shores--could rule of law, to join with me in working for spectators. In the Watergate hearings, how­ at least be deferred until the Special Pros­ this goal. ever, the American people have been cast as ecutor has a chance to develop his case, as the ultimate jury by Senator Ervin and his Mr. cox himself has urged. colleagues; and television for better or In all likelihood, however, the hearings will worse thus becomes an indispensable vehicle proceed despite the reservations I ha\e voiced. FEDERAL ELECTIONS COMMISSION for interjecting the people into the process The Senate has every right to exercise its of judgment. Moreover, the audible sighs, constitutional prerogatives, and appear> in­ snickers or groans of the people in the hear­ tent on doing so. On that presumption, there ing room are dramatically relayed to the are several points I hope the Nation will bear HON. BILL FRENZEL millions of TV viewers, thus potentially af­ in mind over the weeks to come. OF MINNESOTA fecting the way they receive the information. First, let's all understand that a great deal IN THE HOUSE OF REPRESENTATIVES Television's incandescent presence in the of what we see and hear in these hearings hearing room has additional damaging ef­ would be indignantly ruled out of any court Wednesday, June 13, 1973 fects. It tends to complicate the search for of law in the United States. Mr. FRENZEL. Mr. Speaker, yesterday truth by making both witnesses and Com­ Second, let's be conscious as we watch and mittee pla¥ers on a spotlighted national listen that probably a considerable number I introduced H.R. 8589, a bill which stage, and it tends to impede the search for of very fine people, entirely innocent of any would create a Federal Elections Com­ justice by creating a swelling flood of preju­ wrongdoing whatever, could come out of this mission. The bill is the exact duplicate dicial publicity that could make it virtually un-judicial proceeding tragically besmirched, of S. 1094 authored by the distinguished impossible to select an impartial jury when terribly humiliated, and irretrievably in­ Minority Leader in the Senate (Mr. and if new indictments are returned in the jured--and therefore let us strive to suspend SCOTT). Watergate case. our judgments until all the facts are in; and In this form, the Federal Elections Thus even if the Senate hearings succeed let us remember the ancient injunction that Commission is given very strong powers. in reliably establishing the guilt of some in­ every man among us is deemed innocent urutil d ividuals in the Watergate case, they will proven guilty beyond reasonable doubt. The FEC may initiate, prosecute, defend, p robably do so at the expense of ultimate Third, I would hope that my goOd friends and appeal any court action. In other re­ conviction of those persons in court. And and old sparring n~tes in the Nation's press spects, it is not lUlusual, calling for six this is bound to leave the American people will consider that circumstances have members, of which no more than three June 13, 1973 EXTENSIONS OF REMARKS 19531 can be from the same party, appointed of conflict either illegally avoided induction WHY AMERICANS DON'T ADOPT MORE WAR by the President upon advice and con­ into the United States Armed Forces or who ORPHANS sent of the Senate and serving 6-year have deserted therefrom. Eighteen months ago the future for little staggered terms. Like most FEC sug­ SEc. 2. The Secretary of State is hereby Lisa Ryan was grim. She was a war waif in directed to prepare and deliver certified South Vietnam, a hungry, dazed infant with gestions, this one grants subpoena copies of this resolution to the President of power. no parents or relatives to look after her. The the United States and to all Congressmen orphanage she had been sent to was, at The principal difference between this and the Governor and United States Senators best, inadequate. But today she's a happy, suggestion and others lies in the strong of the State of North Carolina. healthy 3-year-old American girl living in prosecution powers. The case has been SEc. 3. This resolution shall become effec­ Saugerties, N.Y., the adopted daughter of well niade by representatives of the GAO tive upon its ratification. Chris and Joe Ryan. and others that the Justice Department Chad Johnston, a 9-month-old boy, is is not always completely free to prose­ similarly fortunate. He was born in Bang­ cute in election situations. The granting ladesh in the wake of the war bet ween that of prosecution powers to the Federal WHY AMERICANS DO NOT ADOPT country and West Pakistan. He, too, has MORE WAR ORPHANS been adopted-by Daniel and Barbara John­ Elections Commission is, in my judg­ ston who live in the small farming commu ni­ ment, about the only way to restore the ty of Topeka, Ind. confidence of the American people that Sadly, Lisa and Chad are exceptional cases. we are serious about our election laws. HON. PATSY T. MINK Despite a widespread belief that many Asian Prosecution powers need only be a back­ OF HAWAII war orphans are available for adoption by up, but they must be available. IN THE HOUSE OF REPRESENTATIVES American families, only a relative few have reached the United St ates. The reasons are Of all the Watergate lessons, to me Wednesday, June 13, 1973 many, but the hard fact s are that of the one of the most important centers on thousands of South Vietnamese children swift, impartial enforcement of election Mrs. MINK. Mr. Speaker, in recent made homeless in 12 years of war, fewer laws. Of the numerous suggestions, many weeks there have been several articles in than 600 have been adopted by American of which are meritorious, for improving national magazines discussing the plight parents. And only 11 children from Bangla­ our election laws, I think the record will of war orphans, particularly Vietnamese desh have found homes in the United States. show that prosecution a.nd enforcement war orphans. In the June 10 issue of Governmental restrict ions--especially in is most needed. Parade magazine, an article entitled South Viet nam-red tape, agonizing delays, "Why Americans Don't Adopt More War all these things stand in the way of Ameri­ Orphans" details the attempts of fami­ can families who wish to adopt. Yet for those who have had the tenacit y lies to adopt war-orphaned children and good fortune to be able to adopt an RESOLUTION IN OPPOSITION TO A from Vietnam. Asian orphan , the rewards are beyond price­ GRANT OF AMNESTY These families attest to the frustra­ happiness for the child and the adoptive tion and long periods of waiting that parents alike. mark the current adoption procedures. The Ryans, for example, have two sons of HON. WILMER MIZELL It was as one mother said: their own, Michael and Ricky. But watching OF NORTH CAROLINA television accounts of Vietnam gave Chris One step for~ard and ten steps back. IN THE HOUSE OF REPRESENTATIVES Ryan an overwhelming sense of sympathy These families were, at least, able to and responsibility. "I saw such sad little Wednesday, June 13, 1973 adopt these children. Many, many Amer­ faces," she says. "My heart just went out to Mr. MIZELL. Mr. Speaker, the General ican families have not been so fortunate. them." Lisa arrived from Vietnam with an ear Assembly of North Carolina has passed The Parade article points out that infection and her muscles weakened from a strong joint resolution in opposition fewer than 600 orphaned Vietnamese lack of protein. But she's perfect ly healthy to a grant of amnesty to those who il­ children have been adopted by American now, Chris reports, and has a passion for legally avoided induction into the U.S. families. Six hundred children is an ex­ peanut butt er and jelly sandwiches. armed services or who deserted. traordinarily small number when con­ HAPPY EXPERIENCE I hold a similar strong opposition to trasted with the thousands of Vietnam­ The Ryans' experience with Lisa was such the granting of amnesty, as do a large ese war orphans. The estimates of chil­ a happy one that the family adopted anot her number of my colleagues, and I believe dren fathered by American servicemen Vietnamese orphan, 1-year-old Kim. they will be interested in the resolution and often abandoned by their Vietnam­ "We're bringing up our kids as four normal passed by the North Carolina Legislature. ese mothers runs as high as 200,000. equal children," says Joe Ryan, who is an The resolution follows: The situation is compounded by de­ IBM engineer. "The girls aren't unique-they spair and tragedy. American families just happen to have been born in Vietnam.'' RESOLUTION 32-HOUSE JOINT RESOLUTION 385 "We're learning as much as we can about A joint resolution in opposition to a grant longing to adopt these children have their country," adds his wife. "We want to be of amnesty to those who 111egally avoided seen their hopes become mired in endless able to tell the girls about Vietnam when induction into the United States Armed paperwork and inexplicable delays while they're older. Maybe one day the whole family Services or who deserted the children themselves are struggling can take a trip there." Whereas, there has been much discussion to stay alive. Other families who have adopted Viet­ of a grant of amnesty or freedom from pros­ Congress is in a position to alleviate a namese are equally pleased. Michael and Fran ecution to those who through desertion and great deal of human suffering both here Suhay of Hawthorne, N.Y., have adopted two otherwise w111fully failed to fulfill their miU­ and among innocent young war victims boys, Peter, now 3¥:! , and Michael, 2. tary obligations to the United States; and "Both were undersized and they had tre­ Whereas, any such wholesale grant of am­ in Vietnam. I have introduced legisla­ mendous bellies, from malnutrition," Suhay n esty to those who 111egally avoided service in tion, H.R. 3159, which would facilitate recalls. But both have become strong and the United States Armed Forces or deserted the adoption of war orphans of Vietnam­ st urdy on their new diets. Still, curious re­ t herefrom would make a mockery of the ese-American parentage by issuing minders of their war-stained past keep crop­ sacrifices of the millions of Americans who special immigrant visas. These special ping up. " The day after they arrived," Mrs. did their duty, assumed their responsibilities .immigrant visas would permit these Viet­ Suhay recalls, "Mike dropped a piece of bread in time of conflict, and suffered or died in namese-American orphans to enter the from his high chair. Pet er raced t o scoop it t ime of conflict; and · United States while awaiting adoption. up." Michael, who is younger, seems to re­ Whereas, cases involving desertion or il­ member less than Peter, who still flinches legal flight to avoid induction into the Armed The visas would facilitate adoption and at loud noises. Forces may presently be tried in the courts of safeguard the health of these children Although their adopt ed child comes from this country where each particular case may who are terribly vulnerable to the rav­ Bangladesh, the Johnston family of Topeka be heard on its merits and be dealt wit h ages of disease, discrimination, and in­ shares the kind of happiness felt by the appropriately and based upon the fact s of the adequate care. Ryans and the Suhays. "When we went t o part icular case; Now, therefore, be it resolved I urge the Members to read the fol­ the airport to pick up Chad," Daniel Johnston by the House of Representat ives, the Senate lowing story of three families who have recalls, "I was as thrilled and excited as I con curring: was when I went to the hosp ital t o see m y SECTION 1. The General Assembly of Nort h given loving homes to sick and war- newborn daughters." Carolina expresses its strong opposition to shocked children. There is no need for The Johnston s have two dau gh t ers of their the grant of amnesty or freedom from pros­ these to be isolated cases. own, aged 4 ¥2 and 2, bu t t hey had wanted a ecution to those who have in our recent t xme The article follows: boy as well and had long talked of adopting June 13, 1973 19532 EXTENSIONS OF REMARKS " l \ one. "I don't believe that you have to con­ · Service of America, a group that has kept Combat, for American ground forces, has ceive and bear a child to love him," says Bar­ close watch oro. the situation, says that part ended. of the trouble comes from the fact that more Our prisoners-of-war have been returned. bara Johnston, "especially when there are so Still, the war in Indo China, despite the many children in the world without homes." th-an half of the children living in orphan­ ages aren't technically orphans, since at least cease-fires and the peace negotiations, is ob­ ANY ONE WILL DO one parent is living. Also, the group says, the viously not over. Early in 1972 the Johnstons started the Vietnamese "extended family tradition" American air power continues to be used in adoption proceedings by appearing before the keeps many children from being put up for Laos and Cambodia. county welfare board. The social worker there adoption. Grandparents and other relatives So we cannot yet say tha.t we are com­ asked whether they would consider adopting will frequently take the child. pletely out of the war. a Mexican, American Indian or Korean child. It has been the longest, and in many "I said, 'Fine, I'll take any of them'. " Mrs. HOW TO HELP ways the most difficult, war in our history. Johnston recalls. Maureen O'Brien, public relations director The advisory phase began in 1954. After that the family was put in touch of the group, says that parents who are anx­ Combat involving American ground forces with the Holt Adoption Program, Inc., which ious to adopt Asian waifs may have much began in 1965. is located in Eugene, Oreg. The Johnstons better luck adopting a Kore-an child. Nearly That was over eight years ago. were under the assumption that they were 20 years after the cease-fire, that co1.mtry It has been a controversial war. beLng considered to adopt a Korean child. still has a high rete of child abandonment, The purposes have seemed vague. They filled out an application, and a long pe­ and last year some 1600 Korean children were The costs have been enormous. riod of investigation began. County social adopted by American parents. And they are costs that cannot be meas­ workers made several visits to survey their Miss O'Brie-n and other authorities agree ured simply in terms of men and treasure. home and family situation. There were end­ that any real improvement in the plight of We must also include in the reckoning less questions-oome of them pointed. Mrs. Vietnam's children will have to take place what the war has cost the United States Johnston remembers on quite clearly: "How within that war-torn country. Currently less in terms of what it has done to our people would you react if one of your girls came than one percent of the government's budget and to our institutions. home from school and told you that their goes to child welfare, making outside help Yes, I think we would all agree that it little brother had been called a 'Chink'?" essential to relieve starvation and other dis­ has been a costly and controversial war. Apparently, the response was satisfactory, tress. And many experts believe that the Opinion~both world opinion and opinion because sometime later the Johnstons' appli­ U.S. Government itself has a special respon­ here at home-has been widely divided, not cation was approved. Then came a surprise: sibility to the countless Vietnamese children only on the merits of the war, but also on Would they be willing to accept an infant for whom the war has not yet ended. the manner in which it was fought. from Bangladesh, rather than Korea? Through the years that the war went on "We did have some qualms," admits Johns­ these opinions hardened. ton, "not about nationality, but about color." They entered like wedges into our society, Rural Indiana is still virtually all-white, and POW HONORED splitting us apart. Johnston was worried about what reaction I am not going to argue the merits of the people would have to a dark-skinned adopted war. child. But the Johnstons put their worries I am not going to try to justify the con- aside and said they'd be delighted to accept HON. FERNAND J. ST GERMAIN duct of the war. their new Bangladesh son. OF RHODE :ISLAND I will, however, defend and honor those "Actually, people have stared and whis­ IN THE HOUSE OF REPRESENTATIVES who fought this war; just as I will defend pered a few times," says Johnston. "We see and honor those who fought this nation's people looking at Chad and then at his sis­ Wednesday, June 13, 1973 wars of the past. ters when we walk by. I can understand their Mr. STGERMAIN. Mr. Speaker, at a we know of men who have found this shock. But we accept such things in stride." war so hateful that they deserted their coun­ Despite those first stares, the neighbors Memorial Day dinner the people of try's service and went to Canada or Sweden have quickly accepted Chad as one of the Woonsocket, R.I., honored Marine Sgt. or elsewhere. "Johnston kids," along with his sisters Kelly Dennis A. Tellier, former prisoner of war. I suppose there were many individual rea­ Jo and Erin Michele. And last Easter Sun­ It was a happy occasion and an oppor­ sons or rationalizations for these desertions day, Chad Daniel Johnston was baptized at tunity for the citizens of our community and evasions. the local United Methodist Chuch. to pay tribute to a man that we are For some, perhaps, it was an honest act While many other American parents or proud of and regard as an inspiration. of conscience. childless couples would like to experience I would like to include here for the For others, I suspect it was, if not an act the happiness that adoption can bring, the of cowardice, at least an act of self-interest availability of Asian war waifs is severely benefit of my colleagues the text of the and self-protection. limited. keynote speech of the evening delivered But I don't know these men nor do I NO MORE ORPHANS by Brig. Gen. Edwin H. Simmons, USMC. pretend to understand fully thetr motives. In Bangladesh, for example, there are sim­ It is a straight-forward talk about the The men I know are the millions of young ply no more orphans available. The Holt pro­ Vietnam war-an unvarnished account Americans-soldiers, sailors, airmen, Ma­ gram has withdrawn its team from Dacca, that faces the grim costs in American rin~who served their country honorably the capital city, after placing 11 orphans in lives and heartbreak. It does not justify and well. American homes. Some authorities theorize As of a few days ago, American losses in that early reports of thousands of abandoned the war or argue its merits, but it does the Vietnam War stood at: babies-resulting from the rapes of Bengali defend and honor those Americans who 38,454 dead from hostile causes. women by Pakistani soldiers-were somewhat fought in Vietnam. 153,312 wounded and hospitalized. in error. Other experts believe that many There are no high-sounding :flights of Another 150,341 wounded but hospital care such women had abortions, or killed their traditional Memorial Day rhetoric. It is not required. babies after birth. And in many cases the a sober, honest, and plain talk that ends 1,121 missing in action. mothers refused to give their children up for on a note of hope. It put into words my 649 returned prisoners of war. adoption, or preferred that they be placed own thoughts and, I believe, the thoughts In terms of casualt!es it has been for the with local families. United States: The situation in Vietnam is drastically dif­ of most Americans. A war almost twice the size of the Korean ferent. There, countless children are home­ I am also including an article from War. less and undernourished. Nearly 25,000 crowd the Woonsocket Call by Leonard Edgerly A war, in fact, almost as large as World the country's understaffed orphanages, where which gives an account of the evening: War I. care 1s often minimal. Thousands of others MEMORIAL DAY REMARKS But I don't think that I have to read lists of statistics to convince this audience that shift for themselves in the city streets. It is (By Brig. Gen. Edwin H. Simmons, USMC) not known how many children were fathered wars cost lives and cause heartbreak. by American GI's, but some estimates run as Distinguished guests; ladies and gentle­ You know this. high as 200,000. men, I am honored to have been asked to You have chosen to honor tonight one of Yet adoptions of these children are also participate with you in this Memorial Day the casualties of the Indo China war, a young severely limited. The saigon GQvernment has observance. Marine, Sergeant Dennis Tellier, who was placed strict rules and complicated proce­ Memorial Day is, I think, perhaps our most taken prisoner, who suffered greatly, and who dures on adoptions. Chris Ryan recalls that solemn national holiday. now, happily, has returned. she was virtually ready to give up in despair It J.s a time for remembrance and reflection. It happens that Sergeant Tellier is a Ma­ before she was allowed to adopt Lisa. "Every­ This year Memorial Day has a special sig­ rine. where we turned," she says, "we took one nificance. He could just as well have been an airman, our troops have been withdrawn from a soldier, or sailor. step forward and 10 steps back." I am sure that in honoring him you also The Travelers Aid-International Social South Vietnam. June 13, 1973 EXTENSIONS OF REMARKS 19533 are honoring, and have in your thoughts, all Congressman St Germain in his remarks become a member of Harnois-Barnabe-Arel of those other young Americans who were thanked John R. Dionne, general chairman, Post, Amvets. casualties of the war-the dead, the missing for organizing the banquet, saying that Peter Lizotte of 53 Champlain St., Black­ in action, the woundP.d, the maimed, and the Dionne "heads up everything that's a success stone, gave Tellier a package of about 12 mutilated. in the Woonsocket area." POW bracelets bearing Tellier's name. Lizotte And I am equally sure that in the back of St Germain continued by calling Tellier one had collected the bracelets from persons who your minds there is the question: Was it of the greatest citizens Woonsocket has ever had worn them during Tellier's imprison­ worth it? had. ment. Was it worth all this pain and suffering? "He went through a great de.al, and yet he Mick Edwards of radio station WNRI pre­ I don't know. came home humble and shy," the congress­ sented the former POW with a copy of the That's the answer I must give. man said. "In his humble and shy way, he in­ record "Tie a Yellow Ribbon 'Round the Old I don't know. spires all of us." oak Tree." I do know, however, that I am not ready "The United States of America, the state The record, which tells the story of a pris­ to accept the charge that there is something of Rhode Island and each and every citizen oner returning home, led Edwards to start a basically wrong with America, that our gov­ of the city of Woonsocket .are not only proud welcome-home tribute of yellow ribbons ernment and our society are intrinsically evil. but we are inspired by the example you have throughout the Woonsocket area for Tellier. I am willing to accept that nations make set for us, and we are grateful for what you He said he had called Tony Orlando, who mistakes just as people make mistakes. have done for our country," StGermain told made the record, for an appearance at the And I will agree that there are real and the former POW. banquet, but Orlando's group, Dawn, had a pressing problems facing us: political corrup­ Governor Noel presented Tellier with an prior commitment. tion, crime, drug abuse, racial conflict, infia.­ official citation. State Sen. Paul A. Fontaine, D-Dist. 32, tion, the decay of our cities, pockets of pov­ "We are honoring a man who symbolizes gave the former POW a copy of a Senate res­ erty. The list goes on. the great Americ.a.n tradition of loyalty and olution congmtulating Tellier for "his fine But I think we will find solutions to these service to our country that our men and patriotic posture and meritorious behavior problems. women have established and maintained over during his long and arduous confinement as The United States has survived and pros­ the years," Noel declared. a prisoner of war." pered for almost 200 years. "Through him we are able to honor all oilr Arthur F. Lajoie presented Mrs. Tellier I think we will continue to survive and servicemen and women living and dead for with flowers on behalf of the Military Order prosper. their gre.at service and devotion," he added. of the Purple Heart. But to do so requires a re-dedication to the The governor also presented Tellier with a Dionne surprised Tellier with a framed fundamental principles and institutions that "Pride Pin," an innovation by Project Rhode color portrait photograph of the sergeant form the foundations of our great republic. Island and the Rhode Island Chamber of taken several weeks ago in what had been These principles and institutions have Commerce. described as a session for the program pic­ served us well. "We're proud of you, and we know you're ture. I happen to believe, and I hope you agree, proud of Rhode Island," Noel said as he gave Measuring 30 by 36 inches, the portrait that this country of ours, this American way the pin to Tellier. shows Tellier standing in a study in dress of life, is worth preserving, and is worth fight­ Mayor Cummings in his speech said, "I uniform. ing for. think Dennis, not knowing it, has become .a After a benediction by the Rev. Henry J. symbol of the aspirations of this country." Robitaille, pastor of St. Ann's Church, Sonny Ex-POW TELLIER HONORED AS MEMORIAL And he pointed out the other sacrifices that Dionne and his group struck up the "Yellow DAY SYMBOL have been made by American servicemen. Ribbon" song, and dancing began. Wayne Ise from Warwick provided vocal arrangements. (By Leonard S. Edgerly) "It's fitting to pause and remember the men of Vietnam and the men of other wars, the As Tellier greeted fellow residents in a re­ Marine Sgt. Dennis A. Tellier, Woonsocket's men that lay in Veterans Administr.a.tion ceiving line, Congressman St Germain com­ former Vietnam prisoner of war, was honored hospitals in this country ... so we can have mented that "It's not the usual banquet last night as an individual and as a Memorial this salute," the mayor told the gathering. crowd." Day symbol. General Simmons, the keynote speaker, "These are really the people of Woonsocket, The occasion was a banquet in Brother noted that "Still the war in Indochina ... is who are proud of him," St Germain declared. Adelard Arena, where about 600 persons obviously not over. American air power con­ And M. Sgt. Gouin provided an out-of­ heard federal, state and local dignitaries tinues to be used in Laos and Cambodia." towner's outlook on the festivities. take note of Sgt. Tellier's nearly four years His voice echoed through the silent arena "It was really a beautiful night for Dennis" of captivity in Vietnam. as he listed the grim statistics of the war: he said. Bishop Louis E. Gelineau, who soon left 38,454 killed in action, 300,653 wounded, 1,121 to administer confirmation in St. Joseph's still missing in action and 649 returned Church, set the tone for the evening in his POWs. ENERGY CRISIS invocation. "Was it worth it? Was it worth all this pain "We thank Sgt. Tellier and all whom and suffering?" he asked, only to add the fol­ he represents," the bishop said. lowing reply: The 23-year-old Marine sergeant acknowl­ HON. CLEM ROGERS McSPADDEN "I don't know-that's the .answer I must OF OKLAHOMA edged each plaudit with a shy grin as he sat give." at the head table with his parents, Mr. and The general said he is willing to accept the IN THE HOUSE OF REPRESENTATIVES Mrs. Aram J. Tellier of 301 Elm St., and concept that nations, like individuals, make Wednesday, June 13, 1973 his sister, Mrs. Dennis Ross. mistakes, and he said there are many prob­ Among the 70 dignitaries at the two-tier lems facing America, including political cor­ Mr. McSPADDEN. Mr. Speaker, with head table-the largest ever served in Rhode ruption, drugs, crime and poverty. all due respect, I must strongly decry the Island by the Central Falls caterers--were He called for a "rededication to the fun­ administration's proposal to hike the tax Congressman and Mrs. Fernand J. St Ger­ damental principles and institutions that on gasoline as a means of helping ease main, Gov. and Mrs. Philip W. Noel, Mayor form the foundation of our great republic." and Mrs. John A. Cummings and Brig. Gen. the fuel shortage. But in spite of the doubts he betrayed This is a foolish and shortsighted sug­ Edwin H. Simmons, director of historical concerning the Vietnam conflict, General programs for the Marine Corps. Simmons concluded on a positive note. gestion. A 3-, 5-. or 10-cent tax per gallon Behind the head table was draped a huge "This country, this American way of life of gas would not ease the shortage of American flag measuring 40 feet by 20 feet, of ours, is worth preserving-yes--is worth fuel one jigger. Furthermore, it would obtained from the Quonset Naval Base by fighting for," he declared. hurt those least able to pay for it, the Congressman St Germain. Army M. Sgt. Donat J. Gouin of Central workingman who has got to get to work The banquet followed by three days Sgt. Falls, a former POW who met Tellier during each and every day to keep the Nation's Tellier's trip to the White House for a POW imprisonment, attended the banquet and re­ recep.tion by President Nixon. productivity going. ceived a standing ovation. A raise in the gasoline tax would fur­ "I thanked him very much for bringing During the sustained applause, the two me home," Tellier said last night of his brief ther add to the spiral of rising prices and talk with the president. "But he didn't want men exchanged comradely waves across the soaring inflation. Americans are a mobile to take credit for it." room. people; they are going to travel and they "You got yourself home," Nixon told the Several special awards were presented to Tellier after the speaking program, includ­ are going to travel mostly by automobile. Woonsocket resident. They have got to travel in these days. Tellier who did not make a speech at the ing a plaque from the United Veterans Coun­ banquet, appeared to greatly enjoy the testi­ cil. We simply must face the facts: We monial: "It's wonderful, really," he sa.id. Louis A. Lamontagne, president of the are in an energy crisis and it is going to He was given a 35-second standing ovation council, gave Tellier the plaque on behalf be with us for 10 or 15 years before we upon his introduction by Dave Russell, gen­ of the city's 11 veterans• organizations repre­ can solve the problem. We have got to go­ eral manager of Radio Station WWON, wlio sented by the council. forward with a crash program of devel­ served as master of ceremonies. Lamontagne announced that Tellier is to oping our known oil reserves and ex- CXIX--1233-Part 15 19534 EXTENSIONS OF REMARKS June 13, 1973 ploring for new ones. The Alaskan pipe­ the three men on the expedition. For another, of the trustee board of the Ohio Lions line must be built. The oil has been there a series of mechanical failures has made spe­ Eye Research Foundation and past presi­ for 5 years and not a drop delivered. New cial demands on the men's ingenuity. Astronauts Conrad and Kerwin proved dent of the Springfield Lions Club. refineries must be built that are com­ themselves handymen, master grade, when His concern for the community has not patible with the environmentalists' sug­ they assembled a long pole, attached a cut­ been limited to vision care as Dr. Stude­ gestions, but we must realize the needs ting device to the end of it, and managed baker has served on the Clark County of the people of America must take prec­ with difficulty to snip an aluminum strap. Red Cross Executive Board, on the edence over concern for purple martins. This permitted a stuck solar-power wing to Springfield Urban League, and on the Thank you, Mr. Chairman. extend itself into working position. Solar en­ Springfield Chamber of Commerce. He ergy will now be converted into electricity to is also a past president of the Clark give the Skylab more abundant power. Their County Parent-Teachers Association patience, courage, and American genius for Council and the Clark County Cancer THE BRAVE MEN OF SKYLAB making things work have greatly improved the chances of success for their mission. Society. The thought of their undergoing such ma­ The quality and the availability of HON. DON FUQUA jor danger so far from home was a poignant health care are issues of great impor­ one, and we rejoice that they passed thru a OF FLORIDA tance to the Nation and I am certain time of peril without mishap and with that under Dr. Studebaker's leadership, IN THE HOUSE OF REPRESENTATIVES triumph. the Ohio Optometric Association will Wednesday, June 13, 1973 [From the Philadelphia Inquirer, June 9, continue to meet its responsibilities to Mr. FUQUA. Mr. Speaker, circling 1973] our citizens. above the earth, a drama is being enacted SKYLAB HANDYMEN Do IT AGAIN by three brave men-the men of Skylab. In space, as on earth, perfection is an A mission which we once thought we elusive goal. And up there, as down here, it's LITHUANIAN INDEPENDENCE mtght have to cancel because of mishaps when things go wrong th_at man is put to his during launch can now be carried to a sternest test. successful fruition because of our astro­ The Skylab astronauts-Charles Conrad, HON. NORMAN F. LENT Joseph Kerwin and Paul Weitz-have met nauts and the dedicated crew making up OF NEW YORK that test superbly time and again. For tfie our space effort. All of them are due our IN THE HOUSE OF REPRESENTATIVES appreciation. second time in as many weeks they have un­ dertaken successfully a complex repair as­ Wednesday, June 13, 1973 When the heat shield was ripped away signment, improvising as they worked and from the Skylab and the solar power using makeshift tools. Mr. LENT. Mr. Speaker, the United wing that was not ripped away became Their latest exploit required great courage States has taken an active lead in this jammed, men flying in space improvised and stamina as well as cool heads and steady decade of international agreements and and in a dramatic sky walk made the hands. A solar panel outside the Skylab had improved understanding between all na­ necessary repairs. to be unjammed to eliminate severe loss of tions of the world. Although we are on power and save the mission. The only way to It goes to show once again how im­ get to the malfunctioning part was t o climb the verge of a lasting peace in the world, portant manned space flights can be. If out of the spacecraft. let us not forget the unresolved legacies this had been purely a mechanical flight, Astronauts Conrad and Kerwin did just of the Second World War. all would have been lost. that-working four hours under difficult and This month marks the 33d anniversary Much is going to be learned about our perilous conditions, tugging and pulling and of the forceful annexation of the peace­ universe from the Skylab program. It is cutting to unwedge an aluminum strap that loving people of Lithuania, Latvia, and a new and exciting adventure, one which had twisted around the panel and prevented Estonia by the Soviet Union in June 1940. it from assuming normal position. This was followed by the mass deporta­ could well prove more productive scien­ The matter-of-fact manner in which the tifically than the flights to the Moon. Skylab crew has confronted and overcome one tion of over 150,000 Baltic people to Si­ But whatever success we may even­ emergency after another does not obscure berian labor camps in an effort to break tually attain, we will always have a very the fact, which they well know, that one the spirit of these fiercely independent special debt of gratitude to three brave serious Inistake or careless act could bring people and crush any possible resistance men-Charles Conrad, Joseph Kerwin, instant catastrophe in a hostile environment. for all time. This effort was a failure. and Paul Weitz-along with that mag­ In space, at least, the jack-of-all-trades who The Lithuanians rebelled against this nificent crew of men and women sup­ can work with his hands has not gone out forced oppression and succeeded in es­ porting their activities on the ground. of style. tablishing a free, independent govern­ I would like to have reprinted here ment which was overrun by the Nazis a editorials from the Chicago Tribune and DR. DAVID M. STUDEBAKER, OF scant 6 weeks later. The end of the war the Philadelphia Inquirer noting their OHIO, HONORED brought only the reinstitution of Soviet accomplishments. The editorials are as dominance over every aspect of their follows: lives. [From the Chicago Tribune, June 11, 1973] HON. CLARENCE J. BROWN The brave people of the Baltic States THE BRAVE MEN OF SKYLAB OF OHIO have never lost their determination to They behaved with such matter-of-fact IN THE HOUSE OF REPRESENTATIVES resist their captors. I draw your atten­ tion to the fact that over 30,000 freedom competence, tinged with homely humor and Wednesday, June 13, 1973 flashes of exasperation when things refused fighters have made the supreme sacrifice to go right, that one almost overlooked the Mr. BROWN of Ohio. Mr. Speaker, re­ to restore freedom and self-determina­ fact that this was an act of incredible sus­ cently the Ohio Optometric Association tion between 1940 and 1952 alone. The tained bravery. elected a new president to lead that or­ combined populations of the Baltic na­ Two astronauts worked for nearly four tions of Lithuania, Latvia, and Estonia hours outside the protecting shield of their ganization for the coming year. I was space station, struggling-with eventual suc­ pleased to note that the newly elected have been depleted by a full one-fourth cess-to right the wrongs that were keeping president is from the Seventh Ohio Dis­ since those tragic days of June 1940 their craft from functioning well. In doing so, trict and I want to take this opportunity through deportation and resettlement they placed their lives in jeopardy each frac­ to extend my congratulations and best programs of the Soviet Union and there tion of a second they spent "outside" in wishes to Dr. David M. Studebaker of is no end in sight. space. Life inside a spacecraft can be perilous Springfield, Ohio. I also wish to com­ The 89th Congress passed by unani­ enough. mend the Ohio Optometric Association mous vote of both the House and the Capt. Charles Conrad, Jr. and Comdr. Senate House Concurrent Resolution 416 Joseph P . Kerwin are typical of our surprising for its wise choice. new breed of spacemen who repeatedly lay A graduate of the Ohio State Univer­ to request the President of the United their lives on the line and do so with a seem­ sity College of Optometry, Dr. Stude­ States to urge certain actions in behalf ing casualness which awes us groundlings. baker has illustrated his deep concern for of Lithuania, Latvia, and Estonia before The present Skylab mission has called for the condition of vision in the State of the United Nations and other interna­ courage in its fullest measure. For one thing, Ohio through his years of service in vari­ tional forums and to bring the force of its expected long duration may have unpre­ ous capacities, beyond the boundaries of world opinion to bear on behalf of the dictable effects on the physical chemistry of his practice. He has been the president restoration of rights to the Baits. I call June 13, 1973 EXTENSIONS OF REMARKS 19535 for your support for the spirit of this I am proud to have the Home News in Kenneth Hopkins, assistant director of the resolution and your attention to the my district. There are too few papers of Armory Board, said, "One arrest is enough plight of Lithuania, Latvia, and Estonia this quality in the country, who put in­ to cause us to re-evaluate this whole thing." He said, "We know this sort of thing (drug on behalf of the well over 1 million Baltic tegrity, interest in the public, and most use) happens and we don't condone it. Al­ people in the United States. I am proud of all, interest in people's safety ahead of though the board has not had time to meet to insert the full text of this resolution expediency. on this matter, I'm sure this weekend's ar­ in the RECORD at this point: rests will affect future shows." H. CoN. RES. 416 Therein lies the dilemma: The stadium is Whereas the subjection of peoples to alien financially anemic. Even with the anticipated subjugation, domination, and exploitation ECONON.UC CONSIDERATIONS SET arrival next year of the National League's constitutes a denial of fundamental human LAW ENFORCEMENT CRITERIA IN San Diego Padres, a season with 1 million rights, is contrary to the Charter of the DISTRICT OF COLUMBIA paying customers wouldn't yield the city United Nations, and is an impediment to enough revenue to pay the interest on $19.8' the promotion of world peace and coopera­ million in outstanding revenue bonds, ac­ tion; and HON. JOHN R. RARICK cording to J. C. Turner, chairman of the Whereas all peoples have the right to self­ OF LOUISIANA Armory Board. determination; by virtue of that right they The stadium now is in use only 82 days a freely determine their political status and IN THE HOUSE OF REPRESENTATIVES year, he said. freely pursue their economic, social, cultural, Wednesday, June 13, 1973 A week ago, Turner reflected that nothing a.nd religious development; and is quite so remunerative to the city as a Whereas the Baltic peoples of Estonia, Lat­ Mr. RARICK. Mr. Speaker, the Dis­ rock concert. via, and Lithuania have been forcibly de­ trict of Columbia Police are apparently "Do you realize we recently made $62,000 prived of these rights by the Government of using economic considerations to deter­ from just one rock concert in one night," the Soviet Union; and mine which laws they will enforce. he said. Whereas the Government of the Soviet According to reports, law enforcement Few events draw as well, he said. Union, through a program of deportations The concert goers of course, are aware of personnel were under orders from "hip" the sensitive situation. and resettlement of peoples, continues in its higherups not to harass drug users at effort to change the ethnic character of the At one of the recent concerts, an exuber­ populations of the Baltic States; and the recent rock concert held in Robert F. ant voice bellowed out of a loudspeaker: Whereas it has been the firm and consist­ Kennedy Stadium, because of the val­ "We know the mod squad is out there­ ent policy of the Government of the United uable revenue that is produced by these but if you arrest one of us, you've got to states to support the aspirations of Baltic patrons of the arts. take us all." peoples for self-determination and national A healthy baseball season, attracting independence; and a million paying fans will not produce Whereas there exist many historical, cul­ enough revenue to even pay off interest tural, and family ties between the peoples PHANTOM JETS TO SAUDI ARABIA of the Baltic States and the American peo­ on the $19.8 million in outstanding rev­ ple: Be it enue bonds. So o:flicials are interested in Resolved by the House of Representatives other events that are profitable, and are HON. MARIO BIAGGI (the Senate concurring), That the House of concerned that "hassling" by police en­ OF NEW YORK Representatives of the United States urge the forcing drug laws may "turn off" some of IN THE HOUSE OF REPRESENTATIVES President of the United States- the customers. ( a) to direct the attention of world opin­ A single rock concert produces a dailY Wednesday, June 13, 1973 ion at the United Nations and at other appro­ revenue of upward of $62,000, according priate international forums and by such Mr. BIAGGI. Mr. Speaker, I wish to means as he deems appropriate, to the denial to administrators of the expensive sta­ state quite clearly that I am strongly op­ of the rights of self-determination for the dium. Since the facility is in use only 82 posed to the administration's plan to sell peoples of Estonia, Latvia, and Lithuania, and days a year, o:flicials seem to desire to nearly 30 F-4 Phantom fighter jets to (b) to bring the force of world opinion to make hay while the grass is green--even Saudi Arabia. Under the guise of pro­ bear on behalf of the restoration of these if the grass is illegal. viding weapons for Saudi Arabia's de­ Jrights to the Baltic peoples. I include the following news clippings fenses, the Nixon administration is at­ in the RECORD: tempting to bribe the often fickle oil­ NEW MORALITY AT RFK CONCERTS: POLICE l"ich nation to continue its fiow of the TuRN BLIND EYE TO GRASS much-needed crude to the United States. AWARD FOR "HOME NEWS" The choice between money and morals has This plan represents a serious escala­ landed on the District's doorstep, as the de­ tion of the arms race in the Middle East. bris is cleared away after two successive open The Nixon administration has exercised HON. EDWARD J. PATTEN air concerts at RFK stadium. restraint in its sale of Phantoms to Israel OF NEW JERSEY The question is simple-whether to con­ tinue taking in the badly needed revenue for arguing that to sell Israel as many planes IN THE HOUSE OF REPRESENTATIVES the stadium from such events-and turn a as she wanted would only escalate the Wednesday, June 13, 1973 blind eye to violations of marijuana laws, or arms race. Now, however, we find this to crack down severely on both the youth­ administration providing offensive Mr. PATTEN. Mr. Speaker, I note to­ ful "smokers" and the income at once. weapons to Israel's enemies. day that a great honor has come to a Police, who have been fairly pragmatic The State Department assurances that newspaper in my district--the Home about the situation so far, are concerned. these planes are only for the defense of News-located in New Brunswick, N.J. And the Armory Board, which administers the stadium, is beginning to have some Saudi Arabia are ludicrous. First, there The newspaper has been selected to re­ doubts about the revenue-r ich concerts be­ is no way to enforce a guarantee against ceive an honorable mention award in cause of drug use. the transfer of the planes to, say, Egypt, the 1973 Alfred P. Sloan Awards for dis­ Capt. Charles Light, commander of the which is what Libya did with the Mirage tinguished public service to highway narcotics division, said his men do not harass jets purchased from France a short while safety. patrons at the concerts, "especially when we ago. France, too, had a "guarantee" The Home News is very deserving of are talking about one reefer." against transfer. Second, Saudi Arabia this award. The honor underscores this But, he added, after last weekend's festivi­ maintains as part of its public policy newspaper's continuing efforts to im­ ties which saw nine concertgoers charged with narcotics violations, "We're not going that it is engaged in a "holy war" against prove safety on the Nation's highways. to let them blow smoke in our faces and get Israel. This certainly makes her a bellig­ It has encouraged vigor and innovation away with it." erent nation against Israel. Third, and in the development of public service pro­ Adds Capt. Joseph Mazor of the Metro­ most importantly, in an all-out war in grams and activities aimed at the re­ politan Police Departments special opera­ the Middle East--exactly what we are duction of tra:flic accidents, injuries, and tions division, who attended last weekend's trying to prevent--these jets will most fatalities. concerts with 65 of his uniformed men, "Pot assuredly be used against Israel. Mr. Hugh Boyd, the publisher of the parties will not be condoned"-although he said he wouldn't call the two-day rock con­ The Soviet Union is doing a fine job Home News, ls to be commended and cert such a thing. of keeping the Arab states amply sup­ held in the highest regard for his con­ Mazor said, however, that things did get plied with the latest weaponry to fight stant fight for the saving of lives­ so out of hand that several officers suffered their so-called "holy war" against Israel. hE! has put the people's interest before all "minor cuts and bruises and one had his They are doing a far better job, I might else. thumb broken." add, fanning the fires of war in the Mid- 19536 EXTENSIONS OF REMARKS June 13 , 1973 die East than this country is doing in The era in which we live places new Our Nation's vast coal reserves will n ot helping Israel maintain a balance of challenges before that commitment. It is provide a solution because mining, tran s­ power there and eventually bring about a an era that promises to be the most portation and environmental problems are restricting the use of this fuel supply. lasting peace. meaningful in history, because global Our Nation will be depending on nuclear Therefore, I see no reason for this peace may be attainable. America's com­ energy for almost one-third of our electric country to add to the weapons stockpile mitment to this peace is deeply rooted power generation. of the Arab States with a sale of close to in its tradition as a people, but it is no This energy situation directly affects Texas 30 Phantom jets. I have joined with more deeply rooted than the commit­ Electric's planning, construction and oper ­ many of my colleagues in signing a letter ment to freedom demanded by our his­ ations as we meet the growing needs of our to the President protesting this action. tory of revolution. customers-needs that have more ~ han I urge my other colleagues to join with We must be true to both these tradi­ doubled in the last 10 years and are expect ed to double again during the next decade. me in signing the letter circulated by the tions. It is imperative that we continue, More power will be needed to provide jobs, gentleman from New York (Mr. PoDELL ) indeed redouble, our quest for world for schools an d hospitals and to help peo­ and in speaking out against this ill-con­ peace. But it is equally imperative that ple raise their st andard of living. An d, new ceived plan here on the floor of the we continue our commitment to free­ n eeds like recycling of resources-metal, House. dom. We must not turn our backs on the glass an d paper-will require greater amounts We all hope for peace in the Middle freedom loving people of the world who of elect ric energy, as will other environment­ East and are working toward it through continue to struggle against oppression. al uses: sewage processing, water t reatm ent , the diplomatic channels available to this We must continue our steadfast policy and air filt rat ion . Texas Elect ric will have en ough electricity country. To enter into offensive arms toward the Baltic States. Our refusal to to meet these future needs even thou gh sup­ agreements with the Arab states will only recognize their annexation is promotive plies of tradit ional fuels are becoming in­ jeopardize any chance of peace we may of the cause of freedom. It encourages creasingly difficult to obt ain and more ex­ now have. the Lithuanian people, and reinforces pensive. their determination to seek national in­ Our present power system includes seven dependence. Our mournful commemora­ gas-fired plants that are also capable of THIRTY-THffiD ANNIVERSARY OF tion of that annexation-on its June 15 burning oil on a standby basis. Although we SOVIET ANNEXATION OF LITHU­ anniversary-can have the same effect. h ave long-term fuel contracts for these seven ANIA plants, the number of additional gas/oil For this reason, and because of my ad­ plants we can build is limited. miration for Lithuanian courage and To diversify our fuel sources and to reduce grit, I pay tribute to that struggle. I our dependence on natural gas and oil we HON. WILLIAM J. GREEN congratulate these brave people for their have acquired over several decades long­ OF PENNSYLVANIA steadfastness. And I urge them to carry range supplies of East Texas lignite. We have IN THE HOUSE OF REPRESENTATIVES on, for freedom loving Americans-and joined with Dallas Power & Light and Texas Power & Light in construction of a lignite­ Wednesday, June 13, 1973 freedom loving people throughout the world-believe in their struggle. fired plant near Fairfield. Two units are now Mr. GREEN of Pennsylvania. Mr. in operation at this site that have added 1,- 150,000 kw of generating capability. Through Speaker, 33 years ago June 15, the tiny extensive land reclamation and efficient pol­ nation of Lithuania was forcibly annexed lution control measures, we have solved the by the Soviet Union. This is a sad an­ THE ENERGY SITUATION AND problems usually associated with the use of niversary, but it is one that should be TEXAS coal. observed. For not only is it a day of Two other lignite plants are under con­ sorrow and reflection for Lithuanian­ struction near Mt. Pleasant and near Hen­ Americans and Lithuanians throughout HON. OLIN E. TEAGUE derson. the world, but it is a day that should live OF TEXAS Lignite plants require an investment about IN THE HOUSE OF REPRESENTATIVES one and one-half times that for comparable in infamy among all freedom loving gas-fired plants-but they do put us in a people. Wednesday, June 13, 1973 favorable fuel position. By 1978, about one­ The Lithuanian people are such a peo­ third of our electric energy will come from ple, and they have continually struggled, Mr. TEAGUE of Texas. Mr. Speaker, lignite plants. since that infamous day in 1940, to reject Texas Electric Service Co. of Fort Worth And, even with these plants and the fuel the oppressive Communist system foisted developed some time ago, a fuel diversi­ reserves to operate them for the life of the upon them. From 1944 to 1952 they strug­ fication plan which reduced their de­ units, we will by the early 1980's need to gled against the Soviet military might pendency on natural gas and oil. This further diversify to still another dependable long range plan will assure their custom­ source of energy: nuclear fuel. through protracted guerilla warfare, at Plans to build a nuclear plant have been a cost of over 50,000 Lithuanian lives. ers all the electric energy they will need. Under leave to extend my remarks in announced by Texas Electric, Dallas Power & Since that time, this tiny nation has Light and Texas Power & Light. The plant withstood a massive program of depopu­ the RECORD, I include a pamphlet which will be called the Comanche Peak Steam Elec­ lation, during which hundreds of thou­ was recently circulated by the Texas tric Station. It will be located about 45 miles sands were "deported" to Russia and Electric Service Co. in which they out­ southwest of Fort Worth near Glen Rose, Siberia. line the present energy crisis and their and it will have two units which will generate But the grit of this courageous people answer to it: 1,150,000 kilowatt s each. The first unit is is not easily subjugated. Still they strug­ Energy is the lifeblood of our Nation. scheduled to be in operation in 1980; the With only 6 % of the world's populat ion, second unit in 1982. gle to protest and reject the denials of we account for one-third of its energy con­ We have the benefit of many years of ex­ religious, political, and human rights. sumption. perience in commercial nuclear generation of They continue to risk and sacrifice their Our productivity, our standard of living electricit y which began in the United States lives in order to attain that which is in­ and our quality of life are all dependent on in 1957. In more than 150 "reactor-years" of alienable to all men. the use of some form of energy. operat ion there has not been a single injury Perhaps the most dramatic protest Lately, much has been said and written due to a nuclear related proiblem. There are took place in May of 1972 when a Lith­ about the energy situation. Many call it a. today more than 30 nuclear plants operating national "crisis." in the U.S., with more t h an 130 eit her under uanian youth burned himself alive to construct ion or for wh ich reactors have been protest Soviet oppression. His sacrifice The basic problem is that reserves of fossil fuels-natural gas, oil and coal-are declin­ orde1•ed. was followed by massive demonstrations ing. At the same time our need for them and While nuclear power plants will assure and two additional self-immolations. for electricity is rapidly increasing. enough elect ricity to meet our customers in­ This is tragic proof that the Lithuanian Experts predict that by 1985: creased needs in the 1980's, and will further nation continues to strive for national Our Nation's demand for natural gas will reduce our use of natural gas and oil, they independence and to reject Russi:.fication. double. Based on present trends and technol­ will cost more than three times as much as This struggle is one close to the hearts ogy, we will have a deficit of more than 28.5 gas-fueled units to build. of all Americans, for it is vividly remi­ billion cubic feet daily. Looking further ahead, we know that the Our Nation's deficit in domestic oil sup­ uranium used to fuel nuclear reactors, while niscent of our struggle for freedom al­ plies will increase from 3 million to more in good supply for many years to come, is most 200 years ago. And our history of than 15 million barrels a. day. We will have also not unlimited. revolution demands a continued com­ to import over 50 % of our total supply to Therefore, Texas Electric, along with 200 mitment to freedom. provide for our needs. other investor-owned utilities, is helping t o June 13, 1973 EXTENSIONS OF REMARKS 19537 support the development of the "breeder" re­ MAY 10, 1973. of gasoline have stimulated many to actor, which, in addition to producing power Hon. JoHN J. MoAKLEY, think in terms of mass transit and car­ for electricity, will produce more fuel than it JFK Federal Building, pools. The Bill newspaper in Montgomery consumes. Boston, Mass. We're also involved in the search for new DEAR CONGRESSMAN MOAKLEY: For the past County highlighted some of the results energy sotrrces. The Texas Tokamak project several years, MDAA has been the fastest in its June 7 issue. The following story, at the University of Texas at Austin is a. step growing voluntary health organization in from the Bill, indicates some of the bene­ in obtaining energy from ordinary seawater. America., thanks to our success in communi­ fits of carpools for the individuals in­ We have supported this research for more cating the urgency of the Association's needs volved as well as for our metropolitan than 15 years. and goals to the public. This ever-growing area and the Nation: We are participating with others in research awareness of our mission can be principally FOUR FAMll.IES OWN 1 ~ CARS on the more novel energy sources, such as credited to the fact that an increasing num­ solar energy (energy from the sun); geother­ ber of TV stations across the nation have Four Montgomery County families are one­ mal energy (tapping the energy sources with­ rallied in support of our cause-and none and-a. fourth car families as the result of in the earth) ; and magnetohydrodynamics more effectively than Boston's WBz-TV an unusual carpool. (the direct conversion of heat energy into through the efforts of Rex Trailer and Bill Anthony Cole, who works at the World eleotric energy). However, experts do not O'Brien. Bank, and Michael Brimble, John McLenag­ agree that all of these sources can become Both Rex and Bill have wholeheartedly han, and Timothy Cole, all at the Interna­ commercially practical. If the technology can dedicated themselves to the welfare of vic­ tional Monetary Fund, are joint owners of a be developed, most believe it will be at east tims of crippling neuromuscular diseases, '66 Chevrolet that they use to commute from 25 years before any of them might pay a sig­ lending vital support to this Association's their homes in Montgomery County to their n1ficant role in the production of electric efforts through their promotion of our Car­ jobs in Washington. power. nivals Against Dystrophy project. They and By splitting the expenses of commuting In summary, Texas Electric Service Com­ WBZ-TV have educated and inspired their instead of operating a. second family car, the pany will have an adequate supply of elec­ young viewers who, in turn, are helping to four ca.rpoolers are saving money, using less tricity in the future. Assuring this supply re­ better the lives of the patients we serve in gasoline, and contributing less to air pollu­ quires diversification of fuel sources by Boston and throughout the nation. tion. building lignite and nuclear plants. In 1972, youngsters across the country, in­ "We drive about twenty miles each day The development of nuclear power is es­ spired by TV personalities promoting Car­ and use about ten gallons of gasoline per sential because it is a proved, reliable and nivals, held 39,543 of the backyard extrava­ week," says Tim Cole. "We can drive for practical fuel source th81t is capable of meet­ ganzas, raising more than $1.1 million to aid three years on the same amount of gasoline ing the needs for added generation in the victims of dystrophy and related diseases. Of that four individual commuters would use 1980's. Beyond this, we are, through research, this total, over $71,000 was raised in the in one year." working to develop other new fuel sources so WBz-TV viewing area by more than 2,100 He estimates that it costs each of the four that our customers can continue to have the Carnivals promoted by Rex and Bill. commuters about $4 per week for transporta­ electricity they will need in the future. Wholeheartedly endorsed by parents, edu­ tion, and that includes automobile registra­ cators, and members of the clergy, "Car­ tion, insurance, repairs, gasoline, and park­ nivals" is a. unique project whereby the hosts ing (which is subsidized by one of the em­ of popular TV shows invite young viewers to ployers) . Asked about the inconveniences of car­ HONORING BOSTON write for free Carnival kits which explain how funds can be raised to help children atHicted pooling instead of driving their own cars, BROADCASTERS with muscular dystrophy. The kits contain Cole says that it takes the driver only ten or all elements needed to produce a. fun-filled fifteen minutes more each way to pick up Carnival-which the youngsters run in their the three others. He also explains that the HON. JOE MOAKLEY own backyards. There are many benefits to carpool leaves Washington promptly at 6 p.m. OF MASSACHUSETTS the children who participate: they learn how If one of the commuters needs to remain in IN THE HOUSE OF REPRESENTATIVES to organize and set up a. relatively complex the city longer, he makes his own transporta­ project, how to cope with responsibilities tion arrangements. Wednesday, June 13, 1973 and needs outside their daily lives, and how Cole says that the arrangement works par­ Mr. MOAKLEY. Mr. Speaker, there is to meet the challenge of managing a small ticularly well for his group because the jobs business of their own-an undertaking to of all four men require frequent travel. "It a growing concern in our country for is a great savings for us not to have to own a increased media responsiveness to cur­ which they bring all the energy and enthusi­ asm of childhood. second car that would often be just sitting rent social issues. Three individuals from The greatest benefit children derive from in the garage." the Boston area have recently been hon­ Carnivals is their intense identification with He also notes the importance of finding a. ored for such efforts. those for whom the events are conducted­ congenial group for such a. carpool. "We are John F. Crohan, vice president and other children who, because their bodies all good friends," he says. "When someone general manager of WCOP and WCOP­ have been weakened by crippling disease, leaves the pool, we are very careful to find a. FM radio in Boston has received the cannot take an active part in such projects. replacement that is congenial and willing to "Distinguished Award" given by the New The strong commitment to public serv.ice cooperate:· which characterizes the careers of Rex Trail­ England Broadcasting Association. In er and Bill O'Brien and WBZ-TV's program­ making the presentation, Jack Connors, ming policies afforded youngsters in the Bos­ RONCALLO LAUDS CONTRIBUTION president of the NEBA said: ton area. much encouragement, as well as OF PRIVATE SCHOOLS IN PUBLIC Mr. Croha.n has earned this award for his the opportunity to become involved in the continuous and outstanding service to the most important issue of their day: the fight INTEREST broadcasting community. to save this nation's most precious asset-­ its vital human resources. Mr. Crohan is a past president of both Sincerely yours, HON. BENJAMIN A. GILMAN the New England Broadcaster Group and ROBERT Ross, OF NEW YORK the Massachusetts Broadcaster's Asso­ Executive Director. IN THE HOUSE OF REPRESENTATIVES ciation. He presently serves as the media chairman of the Boston Community I am pleased to share this record of Wednesday, June 13, 1973 Media Council, a group which strives to public service with my colleagues. The Mr. GILMAN. Mr. Speaker, I wish to establish better ties between the minority achievements of these outstanding pro­ call the attention of my colleagues to a communities and the broadcast and fessionals are both a tribute to the broad­ speech delivered by the Honorable media business. casting industry and the American peo­ ANGELO RONCALLO on June 9, 1973, at the Rex Trailer and Bill O'Brien of Bos­ ple. commencement exercises of St. Paul's ton's WMZ-TV have been cited by the Cathedral High School in Garden City, Muscular Dystrophy Associations of FOUR lY-4-CARFAMILIES Long Island, N.Y. America, Inc., for their efforts on its In his speech Congressman RoNCALLo behalf, specifically through their promo­ has made an erudite plea for the con­ tions of the "carnivals against dys­ HON. GILBERT GUDE tinuance of private education within our trophy" project. I would like to insert OF MARYLAND free society and the necessity for the Fed­ into the RECORD at this time a letter from IN THE HOUSE OF REPRESENTATIVES eral Government's assistance with this Mr. Robert Ross, executive director, continuance. Muscular Dystrophy Associations of Wednesday, June 13, 1973 On April 19, 1973, Congressman RoN­ America, honoring their valuable con- Mr. GUDE. Mr. Speaker, the problems CALLo joined me in sponsoring H.R. 7258, tributions to this cause: of commuting plus the current shortages a measure allowing income tax credit to 19538 EXTENSIONS OF RE!~KS June 13, 1973 parents of children attending nonpublic age old question of the chicken or the egg In the twenty largest cities nearly two out schools. If adopted, this proposal will aid and which comes first. of five sch{)()l age children are enrolled in the perpetuation of our private, nonprofit Well, are private schools in the public in­ private schools. In New York City, for ex­ terest? I say yes. This nation has always ample, a recent count of private school stu­ schools. supported the ideal of individual choice, and dents encompassed nearly one-quarter of Congressman RoNcALLo's speech fol­ private schools provide that very necessary the total enrollment. lows. I am certain that my colleagues in individual choice in the education of our Support of private education is there­ the Congress will read with interest the youth. Private schools are rooted and sus­ fore very much in the public interest, finan­ reasonable and thoughtful support for tained by this principle. The most prized cially as well as philosophically, but private private education delivered by the quality of the private school is its indi­ schools show little inclination to seek direct gentleman from New York. viduality. public aid because they fear their inde­ Each school is unique, and this unique­ pendence would be jeopardized. There are, The text of speech follows: ness gives rise to the wide range of options however, numerous federal programs some THE ROLE AND CONTRmUTION OF PRIVATE available to the public. We might group administered through State agencies that SCHOOLS private schools for convenience into four indirectly benefit private schools such as Some of the best education exhibited in the categories. Many schools are church op­ NDEA equipment loans. Private schools are United States takes place in our private erated and reflect the moral and religious assured of public commitment. The only schools. In the words of the President's Panel values of their sponsors. Some are just short question now is what the best framework on Non-Public Education, "We believe in of being church schools in that the prin­ for that aid would be. private schools, in their variety and diversity ciples of a founder-denomination remain With this in mind, I have co-sponsored as alternatives to state-run schools. Until strong, even though the school is more or less with my distinguished colleague Ben Gil­ public schools can offer wider alternatives, it free from church control and its programs are man in the House of Representatives a bill is not only legal but right that non-public nonsectarian. Other schools are thoroughly to provide income tax credits of up to $400 options be available. Whether these non­ secular, though steeped in the traditions per child for tuition at a private non-profit public schools be rich or poor, traditional or that have made this country great. Still elementary or secondary school. That is $400 experimental, boarding or day, church­ others stress relevancy to the present in right off the top of your taxes and represents related or not, they have been, are, and their teaching methods and are highly per­ a just means to encourage freedom of should continue to be important parts of the missive in terms of student dress and speech. choice without Federal control and without varied American Education scene." Survival Addressing a conference of the National violating the separation of church and state. of the private school has become a big issue Association of Independent Schools, former In a recent Gallup poll, the American for more and more educators and legislators. u.s. Commissioner of Education Harold Howe public was asked the following question. "As What is the reason for continuance of told the administrators of the nation's most you know there is talk about taking open private schools? Our nation has great con­ well-known private schools that they should land and building new cities in this country. _fidence in variety, diversity, and individual stop thinking of themselves as "servants of If such communities are built, should there choice. I see private education not as a a specialized clientele". He suggested that be parochial and private schools in addi­ divisive force or as a threat to public schools, private schools should think of themselves tion to public schcools?" 72 % of the people but rather as in a partnership with public as community resources with special re­ responded that they would like to see pri­ schools, and as necessary tools of pluralism sponsibilities for helping to solve local and vate education facilities in the new cities. in American Education. national educational problems. He recom­ Public policy favors continuance of private By definition, private schools are typically mended that independent schools form al­ schools. I think this poll is a pretty good institutions independent from political con­ liances with the community and with the indication of the commitment and confidence trol and support, owned and operated by public schools. Actually, many private schools the American people have in private schools. trustees, but in turn operating in the public have already taken significant steps in that I believe that private schools will fulfill interest. direction. Some of the older more estab­ their destiny and maintain their diversity Private schools perform a public function lished boarding schools are assuming obliga­ for the good of the American people. and represent an undeniably important na­ tions which would have appalled the trustees tional educational resource. Actually, the and headmasters of a previous generation. term "independent" rather than private is Some private school administrators are now probably a more accurate description of this working with the agencies of public educa­ A DEPLETION CLASSIFICATION type of school, showing its unaffiliated char­ tion, a once unthinkable thing. However, at FOR TRONA acter. the same time, private schools are always These independent schools have the most wary of entanglement and try to preserve ideal conditions from which a perfect edu­ the special qualities which derive precisely cation can be molded. First of all, one can from the fact that each school is free to guide HON. TENO RONCALIO establish an educational philosophy and its own ship in the direction it sees fit with­ OF WYOMING build on it, shaping the environment so out having to justify its policies, practices, IN THE HOUSE OF REPRESENTATIVES · that is supportive of the philosophy. Sec­ or finances to any public authorities. ondly, selectivity of student population can Now let me ask you this: if private schools Wednesday, June 13, 1973 help avoid the necessity to sink to the low­ cease to exist what would the consequences Mr. RONCALIO of Wyoming. Mr. est common denOininator so tragically com­ be? Just a year ago, President Nixon stated Speaker, the purpose of the legislation mon in the public schools. Finally, the cur­ that he was irrevocably committed to two riculum, the school calendar and class size propositions. First of all, America needs her I introduce today is to continue to allow can be controlled for the benefit of the in­ private schools. S-econdly, private schools percentage depletion based upon the dividual student within the framework of need help and therefore we must find ways value of soda ash extracted from trona. the guiding philosophy. Parents can there­ to provide that help. The President was like­ The amendment does not extend the fore correctly surinise that their children wise concerned with the increased cost bur­ existing cutoff point or increase the will receive more training in the moral val­ den on public schools caused by the closing amount of percentage depletion miners ues the parents themselves espouse. As it is of private schools. He estimated in his mes­ of trona would be entitled to. Miners of a parent's duty to help guide his child sage that if most or all private schools ceased trona have always been allowed de:_-1; ­ through the younger years, it is his privilege to function or turned public, the added bur­ to choose the proper educational means to den on public funds by the end of the 1970's tion based on the value of soda ash ex­ support this guidance. We all want perfect would exceed 9 billion dollars per year in tracted from trona. The Treasury De­ schools with individualized instruction and operations and facilities. Public schools least partment has specifically allowed thi outstanding teachers, and we are more apt able to accommodate the influx of students treatment for over 15 years and will allow to find these qualities in schools such as might possibly be the hardest hit by the it through 1970. St. Paul's. number of transfers. Municipalities already This amendment merely codifies and The survival of private schools may not heavily burdened with rising taxes for pro­ restates the intent of Congress when it seem critical for the survival of civilization, jected educational needs, would be con­ but their importance for pluralism in edu­ fronted with demands for even higher tax added trona to the list of depletable min­ cation remains. President Nixon once noted rates to sustain public schools. Social costs erals in 1947. This intent was clarified that "private schools provide a diversity might even range higher than economic ones. by the Senate Finance Committee in a which our education system would otherwise That is to say, in urban areas impact would 1951 committee report and again, this lack". Private schools spur competition with be felt in housing patterns, unemployment time by the Treasury Department itself, the public schools-"through which educa­ rates and racial stability. Currently private in 1959 when the Congress was then tional innovations come, both systems bene­ school enrollments are concentrated in considering enactment of detailed deple­ fit, and progress results". eight urbanized and industrialized States, tion rules which became part of the law A private school cannot function unless it including of course, New York. These states has the commitment and support of many are already burdened with high costs for in 1960 and which is known as the Gore people. On the other hand, the private school public services and would certainly face fi­ amendment. must exhibit its worth before earning the nancial crisis, should private school students This amendment is vital to the health support of the people. This sounds like the shift into the public school domain. of the trona industry in Wyoming and June 13, 1973 EXTENSIONS OF REMARKS 19539 simply prevents the harmful effects that soda ash facilities. When completed, My distinguished colleague from Wis­ would occur in that industry, and to all these facilities will in turn result in a consin WISCONSIN The process is now under way which will ment growth area in the State. result in full disclosure if it is scrupulously From zero jobs about 20 years ago, the IN THE HOUSE OF REPRESENTATIVES followed. We must see to it that this process Wyoming soda ash industry now con­ Wednesday, June 13, 1973 proceeds unhampered. But now we must servatively supports about 12,000 people move on to other matters-vital matters of Mr. ASPIN. Mr. Speaker, there is no great importance to our people and to the in the immediate area. On top of that, more important public issue before the world, whose consideration cannot longer be there are now almost 1,000 construction country today than Watergate scandal postponed. workers in Sweetwater County directly and what action the President should Politics is full of good and honest men and involved in construction of expanded take. women. For every person in the Republican 19540 EXTENSIONS OF RE~IARKS June 13, 1973 organization who had anything to do with option of the Congress or of the people. The nological research in the forest products Watergate, there were literally thousands decision lies entirely in the hands of Mr. industry. who worked tirelessly and honestly to re­ Nixon and Mr. Agnew. There are valuable points raised 1n this elect the President and elect Republican can­ A 1792 law provides for the "resignation didates. No one party holds a monopoly on of the office of President or Vice President article which I include in the RECORD integrity, no entire party should be penalized •.. delivered into the office of the Secretary at this point. by the actions of one group of individuals. of State." If Mr. Nixon and Mr. Agnew were U.S. TIMBER SHORTAGE BUILDS, WITH IM­ There has never been any allegation that to conclude that they were fully responsible PORTS ALREADY 25 PERCENT the Republican National Committee or any for their Administration and that their Ad­ (By John W. Forssen) of its functionaries were involved in any ministration has been compromised, the op­ MrLwAuKEE.-The United States faces an way in watergate. tion of resignation-in no way an admission end-of-the-century timber shortage which Simllarly, there is no evidence at this of personal fault-is available. could rise as high as 20 billion board feet, point to directly implicate President Nixon It would follow the precedent of the Ad­ according to the most urgent projections. in the series of Watergate wrongdoings. In ministration's own Attorney General. While That's enough lumber to build some 2 million lieu of evidence, it is unfair to condemn the not personally implicated, Mr. Kleindienst five-room houses. President, or his entire Administration. As felt his close association with many who For a nation which is already importing Senator Wllliam Proxmire recently asked on were made his resignation in the national 25 percent of its housing and construction the floor of the Senate: "Does not the Pres­ interest. He did not lose stature as a result. lumber, is experiencing balance-of-payment ident have the same simple right that every Under the Succession Act of 1947, the deficits on the world market, and is on the other American has to be innocent until Speaker of the House is next in line. Carl threshold of a minerals' and energy shortage proven guilty?" Albert, a man of unquestioned integrity, is which makes the use of substitute mate:'ials I am proud to be a Republican because I also a Democrat, and the Democrats lost the impractical, research for solutions is no small believe in the principles of the Republican 1972 election. matter. party. One of these principles. was handed But, as part of the resignation procedure, One place that search is being conducted down by Abraham Lincoln, the first Repub­ the successor administration could draw the is the Forest Products Laboratory in Madison, lican President. President Lincoln said over sting of partisanship by agreeing to conduct Wis. And the results which this research unit a hundred years ago: "Let the people know a bipartisan coalition of national unity for of the U.S. Forest Service has produced thus the facts and the country will be saved." the next three and one-half years. This could far promise to resh-ape the lumber and con­ The facts of Watergate will be displayed include: struction industries in the years ahead. to the people of America. And America, once The naming by the new President, and the Although broad statistics must remain im­ again, will have been saved, by the good confirmation by the Congress, under the 25th precise, researchers there estimate that the judgment of an informed people. Amendment, of a Republican as Vice Presi­ volume of waste generated in American con­ dent, selected by the Republican party under sumption of wood products each year is AN ALTERNATIVE its chosen procedures; something between 9 and 11 billion cubic feet. (By HENRY S. REUSS) Appointment of leading Republicans to WASHINGTON.-It is not necessary to give roughly half the Cabinet posts; WASTE MEASURED credence to the hearsay of John Dean and All appointments, from ambassadorships More precisely, however, they have meas­ James McCord to conclude that the Admin­ on down, on the basis of merit rather than ured the difference between the volume of istration is badly wounded. Even if we assume patronage, to be monitored by an advisory wood in a standing tree and the volume of its elected leadership to have been entirely committee of Republicans; lumber which the tree Will ultimately pro­ unaware of the lllicit activities and of the Republicans, in and out of Congress, to duce. subsequent cover-up, Mr. Nixon and Mr. participate in policy-making at all stages. Under current operating conditions, they Agnew must bear the responsibility for the With the end of the Indochina war in have found that about 50 percent of the tree actions of their Administration-for the men sight, and With both parties on familiar is left in the forest as logging debris at that chosen to administer, and for its moral tone. terms with modern economics, the ditfer­ time of harvest; and, as the log Is processed Is it possible for the Administration to ences between the two parties are not so Into sawn lumber, as much as 50 percent exercise effective leadership through the re­ deep as to shake apart a coalition for the of that volume may be left on the milling mainder of its term? next three and one-half years. Indeed. a floor as edging scraps and sawdust. The two former Cabinet members to whom clean break with the past, and an era of Disregarding harvesting wastes for the Mr. Nixon was closest stand indicted for goodwill under a bipartisan government, may moment, laboratory researchers have devel­ perjury, conspiracy to defraud the Govern­ be what we need in any case. Then, in 1976, oped computerized sawing techniques which ment, and conspiracy to obstruct justice. His after needed reforms have been made, we could increase the present lumber yield in two closest personal staff members are nerv­ could celebrate our bicentennial by return­ each log by at least 10 percent. ously awaiting the action of a grand jury, ing to political competition. Labeled "best opening face" by its devel­ and his former White House counsel is des­ At the moment, Mr. Nixon and Mr. Agnew opers, this process involves the addition of a perately bargaining for immunity. His top are preparing to battle it out. In the national computer device to existing sawmill equip­ White House and campaign staff have been interest as well as their own, they might con­ ment, which eliminates the imprecision of deeply lmpllcated. sider an alternative. human judgment in solving the geometric Public confidence in the Administration problem of cutting square board from round could not be expected to continue under logs. The computer has the ability not only those conditions, and it has not. to sense the size and shape of each log but simultaneously to determine the cutting Mr. Nixon has been hurt in Congress, where NEW FOREST TECHNOLOGY-A members of his own party are beginning to pattern which will produce the greatest yield regard association with him as a liability PARTIAL ANSWER TO THE LUM­ of products. rather than an asset. Thirty-five Republicans BER CRISIS NEW ll.r:ETHODS DEVISED provided the margin by which the House Another development, nicknamed EGAR struck funds for the Cambodia bombing. The for edge, glue and rip, could increase the Republican membership of the previously HON. LOUIS C. WYMAN product yield by as much as 15 percent. hawkish Senate Appropriations Committee OF NEW HAMPSHmE In this process, boards are cut to desired has voted unanimously to deny funds for IN THE HOUSE OF REPRESENTATIVES thickness and then glued into panels which all military activities in Laos as well as can later be sawn to specification. This Cambodia. Wednesday, June 13, 1973 eliminates much of the waste created by We can operate under a damaged Presi­ sawing dimension lumber directly from the dency for a short time. We did so briefly ~r. ~.~r.Speaker,theluxnber log; and, because defects such as knots can under Warren Harding and Lyndon Johnson. prices that we face in this country today be redistributed in the gluing process, a But we cannot afford to do so for three-and­ are intolerable. We must find a solution greater volume of high-quality lumber can a.-half years. What is to be done? to this problem and soon if legislative ac­ be produced than when defects must be ac­ On the one hand, we can continue with tion is to have any meaningful effect. cepted in a random fashion. our damaged President. We can watch the Various proposals have been advanced One of the most exciting developments, alienation between the American people and to deal with the situation, including pos­ however, is a product known as presslam. their Government increase, and we can aban­ sible embargoes on the export of logs and Like EGAR this process relies on adhesives don real hope for a vigorous attack on our but, rather than struggling with the prob­ pressing national problems before 1977. luxnber. But nearly all who have con­ sidered this problem agree that such lem of extracting squares from circles, press­ On the other hand, there is impeachment­ lam has incorporated the shape of the log which would bring the business of Govern­ action is only a shortrnn solution. The ment to a halt for months or perhaps years, into its own design. long-range solution to this sad state of In this respect, it is like plywood in that it and which would be immensely divisive and affairs lies in better forest management destructive whether Mr. Nixon retained or peels the log on a rctary lathe rather than lost his office. and technology. This was highlighted in sawing it. The plies are then glued into panels Neither choice is satisfactory. But there a recent article in the Christian Science of desired thickness (unlike plywood, how­ may be a way out. It is not available at the Monitor discussing the advances in tech- ever, the grains of each ply are parallel) , June 13, 1973 EXTENSIONS OF REMARKS 19541 which may later be sawn into dimension already are, to the international develop­ back to sleep. We are not by nature a lumber. ment agencies. warlike people and we are sometimes Under test conditions, presslam has not Then, to satisfy those whose main interest over-eager to indulge in the euphoria only proved itself equivalent to sawn lum­ in aid is that it expand American exports, an that comes witl: a cessation of hostilities. ber; it has increased the product yield in "export development credit fund" would be established to subsidize another $1 billion a This disregard for military matters each log from an average of 45 percent to 70 between wars has meant that when we percent. year in easy-term exports to the lowest­ NONPOLLUTING PULP MILL? income countries. The interest subsidies, prepared for battle we had to begin al­ In other developments at the laboratory, costing $40 million, would be funded from most from scratch. Because of our mag·. work is progressing on a non-polluting wood repayments of earlier aid loans; repayments nificent industrial capability we have pulping process for paper manufacture, the now run at $400 million. By training aid on usually been able to meet the military production of structural lumber from wood­ "people not projects" and by hitching to the demands on time-but only just on time. chips-and even paper-and, most recently, aid wagon those Americans desiring to help their own economy as well as Americans I am not at all sure that i:L another a process to separate plastic films from waste desiring to help the world's poor, the House crisis comes-God forbid-that we would paper in commercial recycling operations. sponsors hope to surmount the political ob­ have enough time to prepare ourselves to Altogether, laboratory researchers believe st acles to aid which have grown so high in meet it. Events and the paraphernalia that if presently available technology were recent years. To convey the relationship of of war move far more swiftly than they applied, the product yield from current har­ interdependence which the new proposal re­ vesting levels could be increased by as much ever did before. flects and advances, the name of the admin­ The Pentagon, Mr. Speaker, in a wave as 400 percent. That represents two-and­ istering agency would be changed from one-halt times the volume of product de­ "Agency for Internat ional Development" to of virtuous cost-cutting, has decided to mand which is expected to produce a timber "Mutual Development and Cooperation cut off production of the fabulous bom­ shortage at the end of this century. Agen cy." ber, the F-lU. 0. Laboratory director Herbert Fleishcher It is satisfying to report t h at, in his depart­ I consider this to be a vast, and poten­ cautions, however, that "we are not propos­ ment's first formal response, Secretary of tially fatal, mistake. ing a cataclysmic change in industry prac­ State William Rogers Tuesday welcomed the tices. I must admit at the outset that I am House committee's "thoughtful and positive more than a little prejudiced. We make "As important as the research, itself, is approach" and noted correctly that AID had the delicate task of balancing technological itself been moving along similar lines. Mr. the F-111 in my district, in Fort Worth, advance with the capacity of our social and Rogers also pronounced himself "especially Tex. We have thousands of Texans em­ economic systems to accept change With p leased at the committee's reaffirmation of ployed in this industry and if the Air minimal disruption." the central role of the Department of State Forces stick to their determination not in over-all guidance of U.S. development to buy any more F-lU's after 1974, the policies." Whether the ot her elements of the unemployment rate in Fort Worth is government, particularly the White House, going to be pretty brutal. I have an obli­ AMENDING FOREIGN ECONOMIC will be equally pleased remains to be seen. gation and a privilege to fight for full AID On that question of bureaucratic politics, a good part of the fate of the House initiative employment among my constituents. probably hangs. To imagine that any program But my concern goes a whole lot further HON. CHARLES W. WHALEN, JR. so multi-dimensional and so worn and frayed and a whole lot deeper than that. OF OHIO as aid can be considered only on its merits The F-111 is, in my opinion and in the is, alas, fantasy. IN THE HOUSE OF REPRESENTATIVES opinion of many people far more expert Nor can the question of congressional poli­ than I, the greatest bomber ever devised Wednesday, June 13, 1973 tics be ignored. Not every committee of the by man. Congress will rejoice to see the House Foreign Mr. WHALEN. Mr. Speaker, last Affairs Committee setting up and overseeing It received a lot of bad publicity during month I joined Congressman ZABLOCKI a program in what would be for it the new its development period, but in actual war­ and 21 other members of the House For­ field of direct export promotion. (Foreign fare it has been nothing short of mag­ eign Affairs Committee in sponsoring aid has always had a heavy aspect of indirect nificent. It has proved itself to possess H.R. 8258. Our proposal amends the For­ export promotion.) On these grounds, the capabilities no other airplane in the in­ eign Assistance Act of 1961 by revising sooner that Foreign Affairs chairman Thomas ventory can match. E. Morgan (D-Pa.) eases from his current In Vietnam the plane flew more than our economic aid program. On Monday posture of benign aloofness, as one observer of this week the Washington Post edi­ calls it, to active sponsorship, the better. 4,000 sorties and dropped 74,000 bombs. torialized on our legislation. I take this The other big question which will shape Its loss rate was fantastically low, some­ opportunity to bring this appraisal of our the fate of the new economic aid proposal is what less than 15/100 of 1 percent. And, bill to the attention of all our colleagues: its political relationship to the equally con­ despite the complexity of its manufac­ [From the Washington Post, June 11, 1973] troversial question of military aid. The ad­ ture, its reliability record was near­ ministration put the two together in a single A PROMISING AID PROPOSAL IN THE HOUSE perfect. package. Predictably the Senate split off the A plane that can fly at extremely high The lengthy travails of American foreign military items-these include general se­ aid have made clear to its supporters the curity assistance and grant military aid for speeds, at night, relying only on radar, need to make aid at once more effective for Cambodia. Indochina reconstruction funds only 200 feet above ground through its recd:pieruts and more attractive to its do­ are also in the administration bill. In wel­ treacherous mountain passes-unload its nors. Pessimists have doubted that these twin coming the House economic aid proposal, it bombs-and fly back again unscathed, is goals could either be served adequately, or was plainly one of Mr. Rogers' purposes to a plane to cherish, not to abandon. And even combined at all. A bipartisan majority cultivate support for the other items in that the F-lU's performed this feat time after of the House Foreign Affairs Committee, bill. Some supporters of the House proposal however, has now produced a well-considered time again. favor the other items, some don't. A difficult is and promising proposal meant to do both. and protracted negotiation is no doubt in Mr. Speaker, the move now to cut Introduced by Rep. Clement Zablocki (D­ store. Whenever and however it ends, we out funding for the B-1 program. If this Wis.), the proposal is intended to strengthen would hope that both Congress and the ad­ move is successful, then the F-1U will and enlarge the overall economic aid pro­ ministration would keep high in mind the be the only bomber in our inventory. Are grams and to do so in a way calculated prospect for responsible engagement in the we so assured of permanent peace that to enhance the prospects of the pro­ world, which the House aid initiative holds we can afford to cut off production of the posal's passage in Congress. The first Without out. the second is, of course, useless. only bomber in our inventory? So, to satisfy those who have rightfully I think not, Mr. Speaker, and I feel demanded that aid do more to improve the THE and hope that the vast majority of the quality of the lives of the poor, the new pro­ KEEP F-lU IN PRODUCTION posal would take the same $1 billion which Members of this body agree with me in the administration asks for economic assist­ HON. OLIN E. TEAGUE this. ance and seek to focus the money more I insert in the RECORD an article en­ sharply on "human-oriented" needs in popu­ OF TEXAS titled "F-lU's Gain New Respect", by lation control, agriculture, health and the IN THE HOUSE OF REPRESENTATIVES Orr Kelly, which appeared in the Wash­ like. Not every development economist agrees Wednesday, June 13, 1973 that the poorest of the poor can thus be ington Star, on May 6, 1973 at this point: helped but the approach unquestionably has Mr. TEAGUE of Texas. Mr. Speaker, F-111 's GAIN NEW RESPECT considerable moral and political merit. Blg it is historically true that, after every (By Orr Kelly) capital-eating projects such as dams would one of our wars, America, from a mili­ The blue runway lights of the Royal Thai be left, to an even greater extent than they tary point of view, has invariably gone Air Base at Takhli slide past and istrict responded with tions were shared, ideas exchanged, and Community of the State O'f New Jersey, in plans discussed all asking, What can unmistakable majorities. I have men­ Newark, N.J., on June 10, 1973. tioned already the large majority-80 the Portuguese community do for the JOAO CARLOS RENDEIRO. newly arrived immigrant? percent-who favor a mandatory death How to help him find employment, Tomorrow, our Nation celebrates Flag penalty in certain Federal cases. Even legal assistance, and a bridge over the Day. I would like to _take this opportunity more s.triking is the high percentage of cultural shock and the language barrier? to commend the United Portuguese Com­ those who feel that adult welfare recipi­ How to raise children in a way that they munity Council for their most successful ents should be required to work. On that understand what it means to be young convention and for the high purposes question which reads, "Do you believe and Portuguese, and to develop deep that have been established at this most that adults who receive welfare benefits feelings for the holidays, customs and memorable meeting. I was happy to send should be required to wo:J:"k if they are traditions of their culture and heritage. this council a flag which has flown over able to do so?" an almost unanimous And lastly, how these traditions, skills, our Capitol Building, for I am sure that 95 percent responded with a decisive and developments can be coordinated the raising of that flag shall signal both "Yes." and translated into meaningful contribu­ the commitment of the Portuguese im­ Two other related questions evinced tions here in America. Workshops cen­ migrant to his or her new country and a solid district position on issues which tered discussion on the drug problem, the the desire of this community to contrib­ may come before this Congress. On the bilingual program in Newark, the impor­ ute to the strength and progress of the question of amnesty, there was an 85- tance of learning one's own trade, guid­ United States. percent opposition to any law which ance in starting one's own business. At would permit individuals who violated the conclusion of these 3 days, the fol­ the draft law tJ now receive amnesty. lowing resolution was adopted: On the critical question of economic aid COMPUTERIZED QUESTIONNAffiE to North Vietnam, 85 percent turned a Whereas, Said Convention has been suc­ RESULTS REFLECT STRONG cessful in every way; decided thumbs down on any such pro­ Whereas, The People of Portuguese and VIEWS OF CONGRESSMAN Mc­ gram. Brazilian Extraction have contributed rich­ CLORY'S CONSTITUENTS Mr. Speaker, in addition to circular­ ly to the history and culture of this City, izing the adult citizens of the 13th Con­ State, Nation and of the World; and HON. ROBERT McCLORY gressional District, I submitted similar Whereas, The People of Portuguese and questionnaires to the students of nine Brazilian Extraction have contributed to the OF ILLINOIS high schools located throughout the 13th industrial, economic, political and cultural IN THE HOUSE OF REPRESENTATIVES heritage of this country; and District. In general, I must conclude Whereas, A need has been acknowledged for Wednesday, June 13, 1973 that the students' points of view on the immediately establishing an organization to Mr. McCLORY. Mr. Speaker, the results major issues closely paralleled those of assist these People in adjusting to life in the of my biennial questionnaire have now the adult citizens. Still, this is a general­ United States of America, to provide legiti­ been fully tabulated, and I am pleased ization that also has its exceptions. One mate means for participation and represen­ exception was on the question of a man­ tation in the democratic process governing to report to my colleagues and to my this country; and constituents as well as to others who datory death penalty in certain Federal Whereas, It has been recommended the receive the CONGRESSIONAL RECORD the cases. Only 53 percent of our high school creation o:f a supreme policymaking institu- final numerical and comparative results students favored such legislative action, June 13, 1973 EXTENSIONS OF REMARKS 19545 in contrast to 80 percent of the adults this year's poll of my constituents is all of those who were sufficiently inter­ who favored the death penalty. This 27 probably the most advanced that has ever ested to mark the computer cards in this percentage point differential is greater been used in a congressional office. In survey. The wisdom of including men and t.han appeared on any of the other ques­ addition to the carefully prepared com­ women on the same questionnaire is tions. puter card questionnaire, there were 48 evidenced by the fact that 80 percent of On question 6, which asked whether separate answers which were possible on the returns reflected the votes of hus­ highway trust funds should be used to each card, with combinations of answers bands and wives, or male and female improve urban public transportation sys­ numbering in the thousands. In order to members of the same household. Only 7 tems, high school students, particularly tabulate the responses of all of those who percent of the responses came from in Waukegan and Elgin, were most fav­ responded to the questionnaire, it was women only, and only 8 percent from orable with 73 percent of the Elgin necessary to prepare a complicated com­ men only. Larkin students supporting such use of puter program involving 127 steps. Let me Mr. Speaker, while the detailed re­ highway trust funds, and 73 percent of add that when the computer card tabu­ sponses which I received are broken the Waukegan High School students tak­ lation was completely programmed, it down into individual counties, the fol­ ing a similar view. Young and adult citi­ was communicated to a computer facility lowing table shows only the districtwide zens alike lined up in strong support of of General Electric Co. in Cleveland, results, including the numerical totals legislation to :leal with strikes that Ohio. and the respective percentages on each threaten national transportation and Mr. Speaker, last Thursday, a portable of the 12 issues covered in this year's communications facilities, with 80 per­ computer terminal was set up in my of­ questionnaire. Following the computer­ cent or more of both young and older :fice and connected by telephone with the ized questionnaire responses, I am in­ citizens favoring stronger national laws. General Electric computer in Cleveland. eluding a tabulation of the survey con­ A wholly anticipated result occurred Then, in the space of less than 3 min­ ducted in nine of the high schools in my with respect to the question relating to utes, the entire results of more than 40,- district from which some comparisons tax credits for parents of children who 000 constituent responses were tabulated and individual analyses may be made: accurately and completely on a printout, attend private or parochial schools. Stu­ TABULATION OF RESPONSES TO CONGRESSMAN dents at Marian High School in Wood­ from which this report has been pre­ McCLORY's QUESTIONNAmE TO HIS CoN- stock and St. Edwards High School in pared. STITUENTS Elgin, both Catholic affiliated, favored Mr. Speaker, notwithstanding this 1. Should the President have the authority such tax advantages by a ratio of 97 and extremely modern system for polling my to establish a ceiling on Federal spending in 98 percent, respectively. Conversely, the constituents and the record response the event Congress does not exercise that public high schools took a contrary view, which I received, I should note that 3 authority? with only about one-third of the students percent of the cards returned were mark­ 2. Do you favor amnesty for individuals at Crystal Lake and Mundelein High ed in pencil or returned unmarked, with who evaded military service in violation of Schools supporting such a tax credit pro­ the result that the computer did not the draft law? gram of aid to parochial and private tabulate the results. Another approxi­ 3. Should our government participate in schools. Slightly less than one-half of the mately 2 percent of the cards were bent an economic assistance program which would or multilated in such a way that the com­ include North Vietnam after all POW's and adults responded favoraby on this ques­ MIA's are returned or accounted for? tion. puter equipment would not accept the cards and the results on those, too, were 4. Should Congress enact a mandatory Mr. Speaker, on the issue of a proposed death penalty for certain crimes such as constitutional amendment to prohibit lost. One questionnaire card was return­ murder of a Federal official, skyjacking and the busing of school children on the basis ed with all 48 holes punched, represent­ kidnapping for ransom? of race, a solid majority among the adult ing both a yes-and-no response to all 12 5. Should a Constitutional Amendment be voters favored such a constitutional questions by both husband and wife. The adopted to prohibit the assignment (busing) change. Even among high school stu­ card bore the notation: "We were con­ of public school children on the basis of race? dents, 58 percent responded affirmatively. fused." The computer rejected this re­ 6. Should money from the Highway Trust Mr. Speaker, the computerized sys­ sponse. Fund be used to improve urban public trans­ tem which was employed in conducting This represents a 95-percf:mt return of portation systems?

Question 3 4

Totals:Responding ______38,914 39, 731 39,628 34, 599 39,692 39, 451 Voting no ______-----______10,034 33, 410 33,871 6, 932 10, 366 20, 519 Voting yes ______Percent yes ______28,880 6, 321 5, 757 27,667 29,326 18, 932 74 16 15 80 74 48

7. Would you favor stronger laws to deal 9. Do you favor a law that would prohibit 11. In Federal minimum wage legislation, with strikes that threaten our national trans­ the issuance o! food stamps or welfare pay­ should exceptions be made for teenagers and portation and communications facilities? ments to families of striking workers? farm workers? 8. Do you believe that adults who receive 10. Would you support a program of tax 12. Should environmental standards be welfare benefits should be required to work credits to parents or guardians of children modified in order to meet increased energy if they are able to do so? who attend private or parochial schools? requirements?

Question 10 11 12

Totals: Responding ______,------39,475 39,907 37,343 40,052 39,460 39,137 Voting no ______-----______------______9,419 1, 987 12,508 22,317 22,647 15,095 Voting yes ______------______----- __ ----- Percent yes ______30,056 37,920 24,835 17,7~ 16,813 24,042 76 95 67 43 61

ANALYSIS OF HIGH SCHOOL RESPONSES, ALL VOTES 'YES' ARE IN PERCENTAGES

Question ______------2 3 4 6 7 8 9 10 11 12

70 27 25 65 59 66 79 39 45 38 27 60 ~~i~~~~voting ~!t~yes ______s~~~gt-s;;~r~s~a~~~~f 1~s;t~~e~\~ v~l~Je~~~- 73 37 27 47 53 68 68 86 45 32 3D 63 Elgin Larkin High School-Sample base of 165 students voting yes ______------_____ 63 62 50 41 66 78 51 86 38 43 38 62 Grant High School (Fox Lake)-Sample base of 142 students voting yes ______------______80 26 29 51 50 69 73 87 39 43 33 65 Marian Central High School (Woodstock)-Sample base of 93 students voting yes ______------53 34 32 47 51 &0 82 99 47 87 24 68 19546 EXTENSIONS OF REMARKS June 13, 1973

Question. ______2 3 4 5 6 7 8 9 10 11 12

Mundelein High School- Sample base of 117 students voting yes . ___ __ ------_------__ - - - - - ______;; 81 25 22 69 63 66 67 90 52 32 26 59 Saint Edward's High School (Eigin)-Sample base of 103 students (except as noted): Responses •• ______- --______~:: ______103 91 98 96 93 103 102 102 81 96 94 81 Voting yes ______-----______;; 79 46 39 50 60 65 65 90 63 88 27 57 Waukegan High School (East)-Sample base of 384 students voting yes ______------______------·;; 63 53 30 47 54 73 50 89 38 34 23 60 Zion-Benton High School- Sample base of 368 students voting yes ______------______;; 73 32 40 61 62 63 69 81 43 47 48 52 Total High School results- Sample base of 1,708 students 11oting yes_----- ______------______-----_;: 70 39 34 53 58 68 65 81 43 44 31 60

PROTECT SCHOOL NUTRITION Allowing easy access to snack foods POSITION STATEMENT OF THE AMERICAN during school hours tempts children to SCHOOL FOOD SERVICE ASSOCIATION ON FOOD eat the snack foods instead of a nutri­ SERVED IN CHILD NUTRITION PROGRAMS HON. WILLIAM LEHMAN tious lunch. The purpose of school nutrition programs "is to maintain and improve the health and OF FLORIDA I have introduced H.R. 7815 which IN THE HOUSE OF REPRESENTATIVES nutrit ion education of school children." J. would seek to remove this temptation. American School Food Service Association Wednesday, June 13, 1973 I wish at this point to insert into the with its 60,000 members is committed to the Mr. LEHMAN. Mr. Speaker, as a for­ RECORD a copy of H.R. 7815 and a posi­ concept that food 2 served at school shall mer chairman of the Dade County tion statement of the American School contribute to the development of sound nu­ School Board, I am deeply concerned Food Service Association which explains tritional habits and to the daily food needs in detail the need to limit the avail­ of children. School foodservice programs must about the maintenance of good child nu­ be concerned with the child a by (1) provid­ trition programs in our schools. ability of snack foods: ing a learning opportunity; (2) provid­ There are three issues of major im­ H.R. 7815 ing adequate nutrients; and (3) helping him portance in this area where action by A bill to amend the National School Lunch build a positive self-image. the Congress can guarantee the con­ Act, as amended, to assure that the school 1. The school foodservice program has a tinuance of proper nut1itional programs food service program is maintained as a responsibility to fulfill its role as an educa­ for our children. nutrition service to children in public and tional laboratory where the child learns to private schools, and for other purposes make wise food choices. There is little evi­ NO EDUCATION REVENUE SHARING Be it enacted by the Senate and House of dence that man has any instinct to guide his The special education revenue-sharing Representatives of the. United States of food choices in order to meet his nutritional program as proposed by the President in­ America in Congress assembled, needs. Food likes are learned experiences in­ tends to absorb National School Lunch SECTION 1. After the first sentence of sec­ fluenced by the home, peer group and school. Act funds-section 4, nonfood assistance tion 10 of the Child Nutrition. Act of 1966 School foodservice should offer a wide range (42 U.S.C. 1779) delete the following sentence of opportunities to help the child know and and State administrative expense--and like a variety of foods that make a signifi­ end the earmarking of these funds spe­ "Such regulations shall not prohibit the sale of competitive food in food service facilities cant contrbution to his daily nutrient re­ cifically for child nutrition programs. or areas during the time of service of food quirements. Leaving the designation of these funds under this Act or the National School Lunch 2. School meals should be adequat e in kind to the discretion of State and local com­ Act if the proceeds from the sales of such an d quantity • of food to provide a significant munities, as would take place under foods will inure to the benefit of the schools proport ion of a child's recommended dietary revenue sharing, would place child nu­ or of organizations of students approved by allowance.5 The school foodservice program trition programs in great jeopardy. the schools." must be responsive to changing life styles The establishment and maintenance SEC. 2. The Child Nut rition Act is further and educational programs. Basic nutritional amended by adding at t he end thereof a new needs vary litt le. Only the quantity of food of school feeding programs should be a varies with age and activity. national policy and not left to the dis­ section as follows: cretion of local governments who may "SEc. 318. (a) The Secretary shall make 3. The school foodservice program is con­ cash grants to the education depart ment or cerned with human dignity and the child's desire to buy some hard-cover textbooks comparable agency of each State for the pur­ self-image. Where additional foods are offer­ or audio-visual equipment rather than pose of providing funds to local school dis­ ed for sale, the child without money may feed hungry children. tricts and private nonprofit school systems to suffer embarrassment. The anonymity of the There are food service programs in enable schoolchildren within each State to child receiving a free or reduced price meal effect today which would simply not be participate in programs which increase their will be lost when he is identified by his lack knowledge of the nutrit ional value of foods of extra money for purchase of additional able to survive without section 4 funds. food. Therefore, it is of utmost importance and the relationship of nutrition to health. "(b) In order to carry out the program All foods available in the school during t he to oppose the President's special rev­ provided for under subsection (a) there are .school day should be under the management enue-sharing proposal for education. authorized to be appropriated such sums as and control of the school foodservice de­ INCREASE THE REIMBURSEMENT RATE the Congress deems appropriate. These funds partment and proceeds therefrom should ac­ Also of major concern is the need to shall be apportioned among the States ac­ crue to the school foodservice account. Only cording to the number of people in that State foods that make a significant contribut ion to increase school lunch reimbursement in proportion to the number of people in all t he child's daily nutritional needs should be rates from 8 to 12 cents. the States; however, no State shall receive available in school or other child feeding School food service programs are faced less than 1 per centum of any funds appro­ centers; any additional foods made available -with a need to increase salaries to com­ priated by the Congress. in schools other than elementary shou ld not ply with minimum wage requirements. "(c) In the event that a State education be in lieu of a meal. It is anticipated that wholesale prices or comparable agency is unable to distribute OPPOSITION TO SECTION 7 OF P.L. 92- 4 33 of the foods that are purchased, when funds provided under this section to private (H.R. 14896) adequate supplies are available, will nonprofit schools, the Secretary shall dis­ In light of these beliefs, t he American burse these funds directly to such school School Food Service Associat ion is opposed greatly exceed fiscal year 1973 prices. systems in proportion of the total enroll­ Therefore, if the sale price of lunches to Section 7 of PL 92-433.0 This section of t he ment in these schools to the total enrollment law permit s the sale of any food item to any is to be kept low enough so that the ma­ in all schools in the State, and the Secretary jority of pupils can afford to buy lunch shall withhold these funds from the total child at any location at any time. It u nder­ at school, then section 4 rates should be apportionment allot ted to the State agency. mines the intent of the Nat ional School Lunch Act, which has as its purpose "to increased to a minimum average of 12 "(d) The Secretary shall withhold not less safeguard the health and well-being of the cents per lunch served. than 1 per centum of any funds appropriated nat ion's children." NO SNACK FOODS AT SCHOOL under this section and shall expend these funds to carry out research and development During the '60's there was increasing evi­ The purpose of school nutrition pro­ projects relevant to the purpose of this sec­ dence that malnutrition was a factor com­ grams is to maintain and improve the tion, particularly to develop materials and mon to the affluent as well as t o the economi- health and nutrition education of school techniques for the innovative present ation children. of nutrit ional information." Footnot es at end of article. June 13, 1973 EXTENSIONS OF REMARKS 19547 cally needy. The report from the Ten State expanded commitment to the National as well as the opportunity to expand a Nutrition Survey states that "adolescents be­ Endowment for the Arts and Humanities. vigorous and valuable program. tween the ages of 10 and 16 years had the The arts and humanities form an inte­ We are discussing a program which is highest prevalence of unsatisfactory nutri­ tional status.... In adolescents it was found gral part of what we, as a people and fundamentally and vitally involved in that between-meal snacks of high carbohy­ a nation, are and wish to become. H.R. the life of our Nation. We are talking drate food such as candies, soft drinks and 3926 is requesting an authorization of about a purpose and understanding of pastries were associated with the develop­ $145 million without illusions that it can life on which our Nation was built. We ment of dental caries .... School lunch pro­ save all of our theater groups or support are talking about human expression and grams were a substantial portion of the total all of our opera and ballet companies or shared humanity. We are talking about nutrient intake of many school children.·· 8 aid all of our talented musicians, actors, American culture: its past, its present, The need for a sound nutrition program for all children is evident, and yet the basic filmmakers, scholars, and writers. The its future, and its continuing diversity. policy of school foodservice programs is intent of this legislation is not to subsi­ I would like to stress, as strongly as threatened by Section 7 of PL 92-433. If there dize but to vitalize, to provide a spark possible, that the endowments them­ is a choice between non-nutritious and bal­ and a substantial sense of commitment, selves have been and shall continue to anced meals, many children without nutri­ which will create an atmosphere of sup­ be a means of perpetuating the richness tion education will choose the former. port and encouragement. of American life and the tenacity of her There is need for a national nutrition pol­ We know that great achievements in ideals. I urge you to consider this legis­ icy to assure a sound school nutrition pro­ gram as a right of every child.9 Such a policy the arts and humanities were rarely iso­ lation with a full awareness of its im­ would serve as a guide for evaluating legis­ lated moments or the products of isolated port. I urge you to approve H.R. 3926. lative proposals affecting the nutritional individuals-they were eras of unusual health of children. achievement, when artists and scholars Section 7, which reverses the policy basic and the communities that supported to sound school nutrition, was enacted with­ them seemed to draw inspiration and THE ENERGY CRISIS AND THE ROLE out benefit of adequate public hearings. sustenance from one another. OF THE OIL INDUSTRY There should have been opportunity for tes­ timony by those who are concerned with the Community support has always been a child's nutritional well-being. critical ingredient in creative achieve­ HON. DONALD W. RIEGLE, JR. ment and that is, essentially, what we New legislation is needed immediately to OF MICHIGAN restore and augment the quality of child hope to contribute. Those of us who nutrition programs. have been in Washington for sometime IN THE HOUSE OF REPRESENTATIVES FOOTNOTES have noted its vigorous cultural growth Wednesday, June 13, 1973 1 American School Foodservice Association and the deepening belief in itself as ana­ Bylaws, Article II, Number 1, 1970. Mr. RIEGLE. Mr. Speaker, I would tional center for American culture. There like to insert for the RECORD the follow­ 2 The term "food" as used in this state­ is a virtually palpable air of creativity ment includes everything liquid or solid that ing testimony which I presented on Mon­ and life to this city: one achievement day, June 11, 1973, before the Senate is consumed. sparks another. 3 The term "child" is used to cover all ages Antitrust and Monopoly Subcommittee: The work of the endowments here and from 0 to 18. STATEMENT OF REPRESENTATIVE DONALD W. 4 "Quantity of food" refers to the caloric elsewhere has laid the groundwork. There RIEGLE, JR. intake or energy value. is the American Film Institute's work in s Lunch should provide at least % of the Mr. Chairman: I want to thank you for preserving our film heritage and train­ the opportunity to appear before your Com­ child's Recommended Dietary Allowance for ing and assisting future generations of his age/ sex group; breakfast should provide mittee today, and express my appreciation at least %to % of the child's Recommended film artists. American film is a dynamic for your leadership in investigating the com­ Dietary Allowance. art and yet by its very nature it is a petitive aspects of the energy crisis. 6 PL 92-433; Section T. After the first sen­ complex and very expensive art form I appear here today to express my deep tence of Section 10 of the Child Nutrition whose sheer costs would deter individuals concern about the oil and gas shortage Act of 1966 (42 U.S.C. 1779) add the follow­ from developing their talents. plaguing our country-and to encourage the ing new sentence: "Such regulations shall I am hopeful of seeing even greater Committee to explore all aspects of this not prohibit the sale of competitive foods situation. Clearly the public interest de­ support for ethnic and regional projects. mands a complete search for the truth, and in foodservice facilities or areas during the Without endowment interest and support, time of service of food under this Act or the legislative recommendations which can solve National School Lunch Act if the proceeds the simple lack of money may well con­ this problem. from the sales of such foods will inure to the dense our diverse and far flung cultural Representing an auto-producing district­ benefit of the schools or of organizations of experience to the isolated pleasures of and a constituency that depends substan­ students approved by the schools." upper class residents of large metropoli­ tially on automotive travel-! am convinced 7 National School Act of 1946, as amended; tan centers. The work of the endowments that the public interest requires adequate purpose. availability of petroleum products at fair insures that our many, many resources and reasonable prices. 8 Ten State Nutrition Survey, 1968-70. are tapped and that the expression of our 9 White House Conference Report on Food, Let me say at the outset that I believe Nutrition and Health. multifaceted talents is the property of all oil and gas products have come to assume a our people-whether they live in New public importance here in America equal to I want to note here the invaluable as­ York City or Wailuku, Maui. electric power requirements. We presently sistance in pinpointing the problems of The President requested $145 million subject electric power companies to public school nutrition by Mrs. Janet Shinn, service regulation in order to prevent monop­ to meet the needs of the National En­ olistic abuse-and to insure adequate supply director of the food and nutrition service dowments for the Arts and Humanities. for the Dade County public schools. at fair prices. This is the amount H.R. 3926 proposes Historically the oil industry in the United Mrs. Shinn and I both share a strong to authorize. Frankly, I can think of few States had functioned as a part of the pri­ concern that good child nutrition pro­ other investments in our people, in our vate ent erprise sector, largely free of govern­ grams must be maintained. Nation, and its continued vitality, which ment regulation. Increasingly I am coming give a greater assurance of lasting re­ to the view that the unregulated market wards and satisfactions. This money is .practices of the oil industry may actually be intended as an impetus to greater Amer­ harming the public interest. If that is so, SUPPORT THE NATIONAL ENDOW­ ican achievements in the arts and hu­ then strong legislative remedies are in order. MENT FOR THE ARTS AND HU­ manities; the impact of our commitment And while all the facts are not yet known, MANITIES I would urge that we not rule out the pos­ will not be limited to those receiving di­ sibility that domestic oil companies may rect grants. We hope to nurture-to have to come under direct government reg­ HON. PATSY T. MINK share in the nurturing of the American ulation as to price structure and allowable OF HAWAII spirit and its creative expression. rates of return. Let me emphasize that I am not ad­ IN THE HOUSE OP REPRESENTATIVES I urge you to approve H.R. 3926. The extension of the national endowments at vocating such a step at this time; I would Wednesday, June 13, 1973 prefer to see a market environment within an authorization level of $145 million for the oil industry that is genuinely competi­ Mrs. MINK. Mr. Speaker, I ask the fiscal year 1974 and levels to be deter­ tive and that can establish a supply / price Members of the House today to give their mined by Congress for fiscal year 1975 structure that will properly service the pub­ wholehearted support to a renewed and and fiscal year 1976 gives us flexibility lic interest. 19548 EXTENSIONS OF REMARKS - June 13, 1973 If, however, the basic structure of the in· crease in profit margins? I note for exam­ of property for private use. Gradually dustry, possible monopolistic practices, cor­ ple that the profits of Exxon have mush­ tribal life gave way to a feudal system­ porate inefficiencies and waste, private greed, roomed by a startling 42 %-comparing first a change in the means of production­ or other factors have combined to place the quarter results in 1972 versus first quarter needs of our people and our country in 1973. Other major on companies are also which resulted in the creation of the jeopardy-then direct government inter­ showing a spectacular rise in profits. State. Thus, the State developed in socie­ vention and regulation may be unavoidable. Fifth, I am deeply disturbed by news re­ ty only after the communal nonclass The failure of the oil industry to produce ports yesterday, alleging that officials of the primitive society had given way to an an adequate supply of oil and gas products Federal Power Commission sought to de­ owner-class within the society, which set at this time has already created much pub­ stroy confidential papers related to the short­ up and used the State to protect its pri­ lic anxiety and injury. The American people age of natural gas. If these reports are ac­ vate property from both the peasant class have been inconvenienced, r~quired to pay curate-it raises a serious question as to sharply higher prices for gas--and threat­ whether the FPC, as now constituted, is an and the ambition of other neighboring ened with the prospect of inadequate home adequate governmental regulator. If not, ruling owner-classes. heating fuel and fuel products required by does it then impose upon the Congress the The State cannot be regarded as a schools, police departments, and other vital need to consider the possible creation of a power imposed on society from without; units of government. Yet only a year ago, tough, new independent regulation mecha­ 1·ather, it is a product of society at a the major oil companies were objecting to nism within government? particular stage of development; it is the increased importation of foreign oil prod­ Finally, I would like to express my strong­ admission that this society has involved ucts, assuring us that domestic refineries est opposition to the possible 5 cent a gallon itself in irreconcilable antagonisms and could adequately meet the needs of our peo­ national gas tax that has been suggested as ple. Those assurances have proven worth­ a way to reduce gasoline consumption. Are­ self-contradictions. To keep the society· less. We should establish whether these ap­ gressive tax of this kind would work a par­ from upheaval and to protect the class parent gross errors of judgment were due to ticular hardship on people with low incomes distinctions, a power apparently stand-­ industry incompetence or outright misrep­ who must use auto transportation. While ing above the society becomes necessary resentation. we should properly consider ways to reduce to keep the society within the bounds of I am also deeply disturbed at what al­ unnecessary gasoline consumption-a tax of order. most seems to be the deliberate destruction this kind would fall with unequal weight on Because the State-the superstruc­ of the independent oil dealer structure those people who cannot afford to pay higher ture-is affected by the economic base, across our country. Effective price competi­ prices. tion within the oil industry already has been Mr. Chairman, I thank the Committee for it follows that the economically ruling badly damaged-and I find that an omi­ this opportunity to appear, and I wish you class must also become the politically rul­ nous development that harms the public in­ well in yotll' continuing investigative efforts. ing class. In capitalism, which evolved terest. This has developed into a serious from feudalism-land ownership gave problem in Michigan, and I am glad to note way to ownership of machinery and capi­ that the Michigan Independent Oil Dealers tal-the role of the State as a servant of wlll testify before you later today on this WHAT IS COMMUNISM-CHAPTER the bourgeoisie, the capitalists, is to op­ subject. In examining these issues, I believe we m press the great proletarian mass, the must seek 1) an immediate improvement workers. _ in the present situation-and 2) a compe­ Since all of history, according to Marx, tent longer range plan which is fair and HON. ROBERT PRICE is the story of class struggles and since workable. Such a plan must necessarily take 01' TEXAS changes in the superstructure are direct­ into account new environmental standards, IN THE HOUSE OF REPRESENTATIVES ly dependent upon changes in the means the obvious need for greater refinery capac­ Wednesday, June 13, 1973 of production, and since the State in the ity, accelerated discovery and development capitalist system must of necessity op­ of needed energy sources, lower distribution Mr. PRICE of Texas. Mr. Speaker, I costs, and thoughtful conservation of fuel, press the great proletarian majority, and among other things. am pleased with the reaction thus far to since the law of the dialectic-as inter­ In the short run I would specifically urge the series of analytical statements on preted by Marx-decrees the inevitability a mandatory pro-rata allocation system, so communism which I have initiated in of communism, therefore it becomes nec­ that equity 1s assured among dealers and the CONGRESSIONAL RECORD. Comments essary for the proletariat to seize the users-and I am encouraged by Senate pas­ and questions I have received reinforce means of production and to establish a sage last week of the Fuel Allocation Act. my belief that there is a need for as well new superstructure. To guard against the· Finally, Mr. Chairman, I would urge the as an interest in this type of study. We return of capitalist oppression, as 1m..: Committee to give special investigative at­ need to understand communism because tention to certain specific questions that posed by the State, a new "dictatorship are both complex and sensitive. it is a powerful force at work. But we of the proletariat" must be created. How­ First, to what extent has the recent inter­ need to understand real rather than im­ ever, this is interpreted by Marx to be national cartel arrangement served to create agined communism-there is simply no a temporary, transitional phase, for or worsen our domestic oil problem here in room for the innuendoes, the cliches, and gradually the State, which is evil, must America? Have new monopolistic relation­ the stereotypes that have surrounded this Wither away leaving the perfect, classless, ships come into being, and if so, are domestic subject. That is the purpose of this and static society. Since the means of oil companies involved? Did former Texas series-and this chapter shall deal with production, economic base, determines Governor John Connally participate in nego­ communism and the role of the State. tiating these new arrangements, and if so, the superstructure-including the does his recent appointment by President The basic premise of communism is State-the new classless society of work­ Nixon create any conflict of interest with that all forces and aspects of the soci­ ers precludes the need for the State since respect to matters of oil policy? ety-political, social, cultural, et cet­ the class struggle and the contradictory Second, can we more precisely establish era-are directly affected by the forces of capitalism have been abolished. the feasib1lity of various energy options for means of production-the economic base. meeting our future energy needs in order The economic system is regarded by The next chapter of this selies will that we might reach rational and wise judg­ Marx as the foundation of the society, deal with the politics of systemic trans­ ments on such immediate matters as the pro­ and it is then the force which directly formation, that is, the need for violent or posed Alaskan pipeline and proposals to ac­ nonviolent revolution. celerate off-shore oil development? determines the nature of the other ele­ Third, does any evidence exist to show col­ ments of the society which are referred lttsion among the major oil companies to to as the "superstructure." The State is promote an oil scarcity in order to limit regarded as being a part of that super­ THE GAS TAX BALLOONS competition, secure monopolistic profits, or structure. gain additional governmental concessions? Marx believed that the State is not a It would be my feeling, Mr. Chairman, that natural institution and that it was non­ any evidence along this line should prompt existent in man's earliest type of society HON. JOSEPH M. GAYDOS us to prepare new legislation which would OF PENNSYLVANIA provide criminal penal ties--both fines and based upon the tribe. This society was imprisonment--for anyone endeavoring to communal and nonclass in nature, and IN THE HOUSE OF REPRESENTATIVES artificially restrict the supply of oil and functioned in the context of the family Wednesday, June 13, 1973 gas--con triving the appearance of scarcity­ relationship. or conspiring t o reduce competition. Gradually, as the tribe grew, certain Mr. GAYDOS. Mr. Speaker, I serve Fourth, are recent gas price increases sim­ individuals gained unto themselves in­ notice now that I am unalterably opposed ply the pass-through of higher manufac­ creasing influence and position within to any increase in the Federal gasoline t uring costs--or do they represent an in- the tribe, together with an accumulation tax, the trial balloons for which the June 13, 1973 EXTENSIONS OF REMARKS 19549 Nixon administration has sent soaring "blow his hom" about his alma mater; Participat ion in the Corps o! Cadets is and I am going to take this privilege of strictly voluntary, yet TAMU still produces higher than a superhighway "Exxon" more new ROTC-trained officers ea.ch yea.r ~ga . inserting into the REcoRD, an article on than a.ny other university in the nwtion. This William E. Simon, Deputy Secretary of Texas A. & M. University which appeared year's Corps ha.s approximately 2,650 cadets, the Treasury and Chairman of the Oll in the March 25 edition of the Dallas including a. new Marine Corps-oriented Na.va.l Policy Committee, is one of the balloon Morning News: ROTC program joining the Army a.nd Air holsters. He says the President "in the ESTABLISHED IN 1876-TExAS A. & M. SERVES Force ROTC training a.t College Station. very near future" could ask Congress for NATION a boost of from 1 to 10 cents above the Texas A&M University (TAMU) has served present 4-cent-per-gallon levy. the state a.nd nation for nearly a. century a.s GREAT SOCIETY SOCIAL PRO­ Treasury Secretary George P. Shultz a. leader in teaching, research a.nd extension GRAMS VIEWED AS COUNTER­ admits that such a request is under con­ education. Established in 1876 a.s Texas' first public PRODUCTIVE sideration. Meanwhile, the proverbial institution of higher education, TAMU ha.s "informed sources" are being quoted by carried out its traditional la.nd grant role newsmen as predicting the hike contem­ while expanding into a. variety of new fields. HON. PHILIP M. CRANE plated as 5 cents. Such a sharp boost, Its oceanographic a.nd other ma.rine-rela.ted OF ILLINOIS they add, would increase Federal reve­ activities, for example, led to the university's IN THE HOUSE OF REPRESENTATIVES nues to a budget-balancing degree, re­ designation in 1971 a.s one of the first four duce gasoline consumption as motorists Sea Grant Colleges in the United States. Wednesday. June 13. 1973 economize, and help ease the air pollu­ As a Sea. Grant College, Texas A&M ha.s a. mandate to provide leadership in develop­ Mr. CRANE. Mr. Speaker, I would like tion problem. ing the nation's marine resources. to commend to my colleagues' attention The contradiction of how a tax increase The College Station campus 1s in the mid­ a most perceptive contribution to a sym­ could bring billions into the Treasury dle of an $80 million building program to posium on "Nixon, the Great Society while, at the same time, causing a notice­ accommodate its growing student body, fa­ and the Future of Social Policy" in the able decline in gasoline usage is not re­ culty a.nd expanding curriculum. May 1973 issue of Commentary by Dr. solved in these reports. Surely less gaso­ TAMU's 16,156 fall enrollment included Edward C. Banfield. Now professor of line consumption would mean less picked 3,392 graduate students, giving the institu­ tion the state's largest percentage of full­ Public Policy Analysis at the University up by the Federal Government from its time graduate students in comparison to to­ of Pennsylvania, Dr. Banfield for many increased tax rate. t al enrollment. years held a chair of political science at Regardless, I am against this or any TAMU is continually attracting more Harvard University where he published, other measure which would heap a new st udents of high academic standing, with among other words, the Unheavenly cost burden on the American people at almost two-thirds of the entering freshmen City. a time when most of them are struggling ranking in the top quarter on their high This eminent student of urban affairs to keep up with the increased cost of school graduating class a.nd approximately and social policy points out that most food and other necessities. Our job is not 90 percent a.re in the top half. More than 100 National Merit Scholarship recipients are of the social welfare programs of the to punish them further, but to do some­ currently enrolled. 1960's-OEO, Community Action, Head thing about easing the load upon them by Keeping pa.ce with enrollment, the faculty Start, Vista, and so forth-have been in­ bringing about the governmental econ­ has increased 50 per cent within the pa.st effective or counterproductive. Many omies which cry out for attention and five years. The university now ha.s nearly have done much more harm than good. by adopting whatever controls are needed 1,200 faculty members, t wo-thirds holding I should like to include his informa­ to get inflation under control. doctoral degrees. tive essay in my extension of remarks: An increase in the gasoline levy would TAMU's annual volume of research totals more tha.n $30 million, making it a leader in NIXON, THE GREAT SOCIETY, AND THE FuTuRE hit hardest the low- and middle-income the Southwest. The m.a.in campus includes OF SOCIAL POLICY groups who are less able to a1ford it. A more tha.n 150 research la.bol'a.tories for The Great Society wa.s a. Great Cornucopia dollar a tank more means little to the hundreds of individual projects. Among the overflowing with a.ll sorts of goodies: civil­ rich. But it could be an extremely pun­ facilities are the Southwest's largest cyclo­ rights la.ws, the Office of Economic Opportu­ ishing item in the budget of the great tron a.nd one of the nation's busiest research nity (a. cornucopia. within a cornucopia), majority of Americans-those, in fact, to nuclear reactors. Model Cities (another cornucopia.), man­ whom the automobile is of major impor­ T AMU has 11 colleges, double the number power-training programs, compensatory-edu­ tance in their daily pursuits and in their o! five yea.rs a.go. They are the Colleges of cation programs, a.nd so on-hundreds of recreation. They make up the motoring Engineering, Agriculture, Business Adminis­ items, altogether. Their diversity resists a.ny tration, Liberal Arts, Science, Education, one-word verdict. public. The wealthy ride the airlines. Architecture a.nd Environmental Design, Ma.ny millions of dollars were spent moni­ As with others in this Congress, I have Moody College of Marine Sciences a.nd Mari­ toring a.nd evaluating, but the products of become weary of the contention that time Resources, Geosciences, Veterinary Med­ these efforts a.re of little value for the the inflation and Federal deficit prob­ icine a.nd the Gra.dua.te College. present purpose. The evaluations are mostly lems are matters which demand the im­ Together, the college o:ffers undergraduate of bits a.nd pieces of certain programs-com­ position of more taxes. This theory is in­ degrees in more tha.n 70 dl:fferent fields a.nd munity Action in some cities a.nd !rom cer­ valid. What these problems do require 105 degree options on the graduate level. tain standpoints, for example. So far as I a.m is less waste in Government, a cut in the TAMU, with campuses a.t both College Sta­ a.wa.re, not a. single program has been eval­ flow of gift dollars abroad, an economic tion and Galveston, 1s part of The Texas A&M uated systematically a.nd in detail. Tha.t University System. The system includes would be impossible in most cases because leadership acutely aware of the plight Prairie View A&M College, Tarleton State Col­ of the vague a.nd contradictory nature of of our people, and an end to the absurd lege. Texas Forest Service, Texas Agricultural t he goals. Model Cities, for example, was in­ notion that, somehow, we can spend our­ Experiment Station, Texas Agricultural Ex­ tended to concentrate resources in order to selves into a lasting prosperity. tension Service, Texas Engineering Extension m.a.ke a. "substantial impact" on poor neigh­ I am against a gasoline tax increase, Service, Texas Engineering Experiment St a­ borhoods, to improve decision-making pro­ or any other proposal which would make tion a.nd Texas Transportation Institute. cedures in the offices of mayors a.nd city it tougher for the average American to The m.a.jor building program includes the m.a.na.gers, a.nd (among other things) to fos­ get along. $10-mlllion Z8.Chry Engineering Center and ter coordination, innovation, a.nd institu­ educational television facility completed last tional change. No one ha.d, or ha.s, a.ny wa.y spring. Current projects are a. 15-story o! knowing exactly wha.t wa.s meant by such oceanography-meteorology building, eight­ words and, apart from tha.t, there wa.s, a.nd TEXAS A. & M. UNIVERSITY story classroom-office building with two-story classroom annex, auditorium-continuing is, no wa.y of judging how much of one goa.l education complex, expanded Memorial Stu­ (sa.y, innovation) ought to ha.ve been sacri­ dent Center, Sltudent health center, athletic ficed in order to secure more in terms of HON. OLIN E. TEAGUE dormitory a.nd additional housing for mar­ another (say, coordination). OP TEXAS ried students. It must be remembered, too, tha.t much of what is associated in the public mind with IN THE HOUSE OF REPRESENTATIVES Coeds a.re living on the campus for the first t he Great Society ha.d long been in existence. Wednesday, June 13, 1973 t ime this year after completion of a modern When Secretary George Romney called the 1,000-student donnitories and commons com­ Federal Housing Administration programs "a Mr. TEAGUE of Texas. Mr. Speaker, It plex. Once a.n a.ll-male, military oriented $100-billion-dolla.r mistake" he wa.s not refer­ is a poor alumnus member who does not school, TAMU now is fully coeducat!onal, ring to those of the Great Society: the na­ take advantage of every opportunity to with 2, 712 coeds enrolled. tional housing goa.l wa.s set by Congress in CXIX--1234-Part 15 19550 EXTENSIONS OF REMARKS June 13, 1973 1949 and even at that time the principal them. There is no doubt but that the in­ ing the style of life of those whose handicap housing programs were a decade old. jection of many billions of dollars of public was not simply, or even primarily, lack of Despite these considerations, I believe it is funds benefited the black communities. The income-that is, the "culturally deprived." possible to separate out the Great Society people who gained most, however, were mid­ In my opinion, putting millions more on wel­ programs and pass judgment upon them col­ dle class, not "culturally deprived." fare (which is what the "income strategy" lectively. The Great Society had two general That compensatory education programs seems to mean in practice) would perma­ goals. The more widely publicized was that have not worked and probably cannot be nently seal a great many people off from the of bringing incomes up to what came to be made to work is a conclusion now widely ac­ world of work. I agree with the authors of called the poverty line. The other, which was cepted even among those who expected most Work in America (MIT Press, 1973) that "the more important from the standpoint of most from them. Robert Levine, OEO's director of key to reducing familial dependency on the of the professionals who participated in the research in the Johnson administ ration, has government lies in the opportunit y [I would design of the programs, was to bring "cultur­ written (in The Poor Ye Need Not Have with add also the disposition to accept the op­ ally deprived" persons into the "main­ You, MIT Press, 1970) that in general " ... portunity] for the central provider to work stream." The chronically poor, especially the the evaluation o1' educational programs shows full-time at a living wage." young among them, were to be given training that very little is known about what [will It is a virtue of the "services strategy" that in schools and work places so that they could work] and even throws doubt on the impor­ the conspicuous failure of a "service" makes get steady, high-paying jobs; their civil rights tance of anything that might work ...." it politically vulnerable. Not so with the were to be protected and extended; and they Much of the same has been said by others "income strategy"; whatever ill effects that were to be provided with better health, hous­ with respect to delinquency control, man­ produced would probably pass unnoticed or, ing, and recreational facilities-all with power training, community action, coordi­ in any event, not be charged against it. "maximum feasible participation" on their nation, and most of the other programs. In­ Politically it would be unassailable. Thus we part. This, it was thought, would reduce deed, in a paper presented in March at the have recently been told by Joel Handley that frustration and "alienation" and engender annual meeting of the Southwestern Po­ the theory that "if enough people get on self-confidence, self-respect, and a healthy lit ical Science Association, Professor Rob­ welfare it will be politically untenable to desire for political and economic independ­ ert J. Leonard of the University of Evans­ treat them as 'undeserving' . . ." is " both ence. ville showed that anti-poverty expenditures brilliant and humane" (Reforming the Poor, Judged against these goals, almost all of the (OEO, VISTA, Community Action, and Head Basic Books, 1972) . Great Society programs (the exceptions t hat Start) in 1968 had no effect on poverty, edu­ (2) President Nixon no doubt wishes that I have in mind are the civil-rights laws) cation, employment, and crime in the cities Americans would do more for themselves and range from unsuccessful to counter pro­ to which they went so far as could be judged expect less to be done for them by govern­ ductive. by such crude but plausible measures as m en t. Nevertheless I do not think that he is The number of the poor did, it is true, de­ proportion of employed males per capita be­ in the least likely to lead a "counterrevolu­ cline by one-fourth between 1965 and 1970. fore and after. t ion" against the trend of social policy. He Without any doubt the Great Society pro­ Whatever judgment one makes as to the knows, better perhaps than any man alive, grams accounted for some of this ( OEO alone benefits of these programs, one must !face the that it is an indispensable condition of the spent nearly $10 billion) but the Social Se­ fact of their costs. These have been, and are working of the American political system that curity program established by the New Deal still, very large. It has been estimated (by it offer strong incentives to all sorts of inter­ accounted for more (mostly old people whose Charles Schultze and his collaborators of the ests to press for advantages (not always "sel-­ incomes had not been much below the line Brookings Institution in Setting National fish" ones of course) and that incentives to begin with) and there were others-no one Priorities: The 1973 Budget) tha-t federal ex­ exist only as there is expectation of at least seems to know how many-whose increase penditures on the major Great Society pro­ partial and occasional successes. He knows, of income was due to the natural growth of grams increased from $1.7 billion in fiscal therefore, that unwise and even outrageous the economy. Indeed, on the whole poverty 1963 to $35.7 billion in fiscal 1973. measures must frequently be adopted, and seems to have decreased at a slower rate in These money costs are far exceeded, in my that if it were otherwise (if, say, Congress the 1960's than before. Robert J. Lampmann, judgment, by many other, more or less in­ were somehow made "responsible" ) the re­ in his valuable Ends and Means of Reducing tangible costs, especially the following: sult would be to deprive the system of the Income Poverty (Markham, 1971), reports the multiplication of categorical-grant pro­ energy that makes it work. That he is him­ that the percentage of the total population grams beyond the capacity of the executive self a very strenuous exerter of influence is in low-income status fell from 26 in 1947 to branch to administer them, with the result evidence that he knows how to act effectively 19 in 1957 and to 12 in 1967. The principal being delay, confusion, waste and corruption, within the system, not that he wants to factors affecting the rate of movement out and the "elbowing aside" (as the President change it. of poverty are not the good intentions of recen tly put it) of state and local govern­ Although he may deplore it, the President legislators or the generosity of taxpayers: ments and of the private sector and their must also be fully aware that the volume of rather they are changes in the composition further decline in vigor and capacity; the demands placed upon the government is of the population, in occupations (especially raising of expectations to unreasonable levels bound to increase. As Americans become more farm versus non-farm), and in the size of the leading to widespread disappointment and affluent, schooled, and leisured they discover gross national product. According to Lamp­ frustration and, on the part of quite a few, (and also invent) more and more "social man and other economists, it is reasonable to to the conclusion that this is a "sick" society problems" which (they fondly suppose) can expect that by 1980 no one will be below the "not worth saving"; the use of public funds be "solved" if the government "really cares" existing poverty line. This would be the case in some cities to underwrite the "leadership" (that is, if it passes enough laws, hires no doubt even if the War on Poverty had of known criminals, revolutionaries, and enough officials, and spends enough money). never been declared. mountebanks who exploited-and in some That one whose business it is to come to There has also been progress toward the instances terrorized and ultimately dest royed terms with reality, and who has shown him­ other goal of the Great Society programs­ neighborhoods and institutions over which self to be extraordinarily adept at this busi­ that of bringing the "culturally deprived" they were enabled to gain control (for a ness, will lead a "counterrevolution" against into the "mainstream." But here again most case in point, see the account of the destruc­ so conspicuous a feature of reality seems of it is not attributable to the programs. The tion of the Woodlawn area of Chicago in the most unlikely. The President is a politician, not a preacher. His task and talent are for income return to blacks who finished school Win ter 1973 issue of the Public Interest); in recent years is now about equal to that a n d , finally, the cooptation of most of the m aking things work, not for changing them. of whites; this has encouraged young blacks young potential leaders of the poor neighbor­ The view that I am taking is in no way to want-and to get-somewhat more hoods and their subsequent neutralization contradicted by the current budget proposals. schooling than do whites of the same ability The President is trying to curb inflation, and, in many instances, demoralization. avoid increases in taxes, get rid of programs as measured by test performance. The Great It was not for lack of money that the Society's civil-rights laws deserve some of Great Society programs failed. Some of the that almost everyone knows have not worked, the credit for these developments, but surely principal efforts-Model Cities, for example­ consolidate others for better a-dministration, the fundamental fact of the situation (ac­ had more of it than they could spend. Others and turn responsibility for a wide range of counting, among other things, 1'or the pas­ spent prodigally without measurable achieve­ matters back to the states and cities. Even if sage of the laws) is that there has been a his budget contained no new initiatives (in ment. Federal aid to public schools, for ex­ fact it contains several major ones) , it could dramatic decline in white bigotry and in­ ample, increased from $19 to $52 billion in sensitivity since the Second World War, re­ not reasonably be taken as a portent of the 1960's, but the test scores of pupils, "counterrevolution." sulting in vastly improved employment op­ which had previously been rising, declined. portunities for the "culturally deprived" The President's efforts to shift responsibili­ (However, it should be remembered that ties to the states and local governments and making it possible for the motivated in this decade the schools were holding more might perhaps be judged "counterrevolu­ among them to find their way into the low-achieving pupils for longer periods: pre­ tionary" if he were leaving it to them to "mainstream." There is no evidence, so far sumably they had some success with a con­ finance the programs. But this is not what he as I have been able to discover, tha-t the Com­ siderable number of them.) is doing. The fact is-although one would munity Action and other Great Society pro­ If an "income" (as opposed to "services" ) never guess it from the howls of mayors and grams designed to stimulate upward mobility strategy means giving money to people rath­ governors-that the 1974 budget proposes have succeeded in doing so. Where motiva­ er t han to governments, it is doubtful wheth­ to give state and local government more fed­ tion developed it may have done so in spite er-except perhaps in the very long run­ eral aid than they received this year (to make of these programs rather than because of it would have succeeded any better in chang- the figures comparable one must take into ,.'June 13, 1973 EXTENSIONS OF REMARKS 19551

• account that in 1974 public assistance for [Supreme Court of the United States No. denied a speedy trial. The Government ac­ the a#ed, blind, and disabled will go to them 72-5521. Argued April 24, 1973.-Decided knowledges that in its present posture, the directly rather than via grants to the states) June 11, 1973] case presents a novel and unresolved issue, and about four and one-half times what they Syllabus not controlled by any prior decisions of this received a decade ago. And this although (Certiorari to the United States Court of Ap­ Court. state and local governments are presently peals for the Seventh Circuit) The Court of Appeals stated that the 10- enjoying an aggregate revenue surplus which, month delay which occurred was "unusual Petitioner was convicted of a federal of­ and call [ ed] for explanation as well as justi­ If they do not lower their tax rates, is ex­ fense and was sentenced to a term of five pected to reach some $13 b111ion In 1975. fication." The Government responded that years, to run concurrently with a sentence of petitioner had, after receiving the proper I see revenue sharing and the New Federal­ one to three years that he was serving pur­ ism in general as a sort of domestic Vietnaml­ warnings, freely admitted his guilt to an suant to a state-court conviction. Before FBI agent while incarcerated in the Nebraska zation strategy under which Washington will trial, the District Court denied his motion to provide the "villagers" with material re­ Penitentiary, and had stated that he in­ dismiss the federal charge on the ground tended to demand a speedy trial under Rule sources and technical advice while allowing that he had been denied a speedy trial. The them to fight the "war" in their own way. 20 of t he Federal Rules of Criminal Proce­ Court of Appeals reversed, holding that he dure. The Government claimed that it had This is not necessarily a strategy for winding had been denied a speedy trial, but that the down the "war." It may merely represent a postponed prosecution because of petitioner's "extreme" remedy of dismissal of the charges r eference to Rule 20, and consequently, that facing of the faot, obvious in the Johnson was not warranted. The case was remanded administration but not faced by it, that fed­ a large portion of the delay which ensued to the District Court to reduce the sentence was attributable to petitioner. The Court of eral programs have become too many and by 259 d ays to compensate for the unneces­ too complex to be administered from Wash­ Appeals regarded this explanation as tenu­ sary delay that had occurred between the ous; it also rejected the lack of staff person­ ington. Another possibility-! find this more return of the indictment and petitioner's probable, although I do not suppose that it nel in the United States Attorney's Office as a arraignment. The Government did not file a jl..urtification for the delay. The entire course is the President's wish-is that the new stra­ cross-petition for certiorari challenging the tegy is preparatory to an escalation of the of events from the time of arrest through finding of denial of a speedy trial. Held: In the Court of Appeals plainly placed the Gov­ "war" and the opening of vast new fronts the case, the only question for review is the (health seems to be the most likely one now ernm"nt on notice that the speedy trial issue propriety of the remedy fashioned by the was being preserved by the accused and that education and welfare are both stale­ Court of Appeals. In light of the policies un­ mated). would be pressed, as indeed it has been. derlying the right to a speedy trial, dismissal On this record, it seems clear that peti­ (3) In my judgment a sound program in must remain, as noted in Barker v. Wingo, the area of social policy would involve a tioner was responsible for a large part of the 407 U.S. 514, 522, "the only possible remedy" 10-month delay which occurred and that peti­ radical devolution of federal activities to for deprivntion of this constitutional right. state and local government and, beyond that, tioner neither showed nor claimed that the of many public ones to competitive markets. Pp. 2-6. preparation of his defense was prejudiced by 467 F. 2d 969, reversed and remanded. reason of the delay. It may also well be correct Such a program is, however, incompatible Burger, C. J. delivered the opinion for a with the nature of our political system, which that the United States Attorney was under­ unanimous Court. staffed due to insufficient appropriations and, is energized by the pressures that interests (NOTICE.-This opinion is subject to for­ exert to get things from government. Since consequently was unable to provide an orga­ mal revision before publication in the pre­ nization capable of dealing with the rising I believe that despite its evident faults this limint>.ry print of the United States Reports. political system is vastly better than any caseload in his office especially with respect Readers are requested to notify the Reporter to criminal cases. Unintentional delays such practical alternative, I am in the awkward of Decisions, Supreme Court of the United position of having to conclude that a sound as overcrowded courts or understaffed pros­ States, Washington, D.C. 20543, of any typo­ ecutors are among the factors to be weighed program is really unsound. When constitu­ graphical or other formal errors, in order ents begin asking politicians, "What have you less heavily than intentional delay, calculat­ that corrections may be made before the pre­ ed to hamper the defense, In determining undone for me lately?" the situation will liminary print goes to press.) improve. whether the Sixth Amendment has been [Supreme Court of the United States-No. violated but, as we noted in Barker v. Wingo, 72-5521-June 11, 1973] 407 U.S. 514, 531, they must. SUPREME COURT'S HISTORIC CLARENCE EUGENE STRUNK, PETITIONER V. "Nevertheless . . . be considered since the DECISION UNITED STATES ultimate responsibility for such circum­ On Writ of Certiorari to the United States stances must rest with the government Court of Appeals for the Seventh Circuit. rather than with the defendant." HON. WILLIAM LEHMAN Mr. CHmF JUSTICE BURGER delivered the This served to reaffirm what the Court held earlier in Dickey v. Florida, 398 U.S. 30, 37-38 OF FLORIDA opinion of the Court. Petitioner was found guilty in United (1970). IN THE HOUSE OF REPRESENTATIVES States District Com·t of transporting a stolen "Although .a great many accused persons Wednesday, June 13, 1973 automobile from Wisconsin to Dlinois in vio­ seek to put off the confrontation as long as lation of 18 U.S.C. § 2312 and was sentenced possible the right to a prompt inquiry into Mr. LEHMAN. Mr. Speaker, yesterday to a term of five years. The five-year sentence criminal charges is fundamental and the duty the Supreme Court handed down what was to run concurrently with a sentence of of the charging authority is to provide a I believe will be regarded as a historic one to three years that petitioner was then prompt trial." [Footnote omitted.] 1 decision. serving in the Nebraska Penitentiary pur­ However, in the absence of a cross-petition In Strunk against United States, the suant to a conviction in the courts of that for certiorari, questioning the holding that State. petitioner was denied a speedy trial, the only Court unanimously affirmed the right to Prior to trial, the District Court denied a question properly before us for review is tlie a speedy trial. The trial of Mr. Strunk motion to dismiss the federal charge in propriety of the remedy fashioned by the was delayed for 10 months, and in regard which petitioner argued that he had been Court of Appeals. Whether in some circum­ to this, Chief Justice Burger, speaking denied his right to a speedy trial. At trial, stances and as to some questions the Court for the Court, stated- petltioner called no witnesses and did not might deal with an issue in the setting of The speedy trial guarantee recognizes that take the stand; the jury returned a verdict of constitutional claims, absent its being raised a prolonged delay may subject the accused guilty. The Court of Appeals reversed the by cross-petition, we need not resolve. SuW.ce to an emotional stress that can be presumed District Court, holding that petitioner had it that in the circumstances presented here to result in the ordinary person from uncer­ in fact been denied a speedy trial. However, in which the speedy trial issue has bt:en tainties in the prospect of facing public trial the court went on to hold that the "extreme" pressed by the accused from the time of arrest or of receiving a sentence longer than, or remedy of dismissal of the charges was not forward and resolved in his favor, we are uot consecutive to, the one he is presently serv­ warranted; the case was remanded to the disposed to examine the issue since we must ing-uncertainties that a prompt trial re­ District Court to reduce petitioner's sentence assume the Government deliberately elec-ted. moves. to the extent of the 259 days in order to com­ to allow the case to be resolved on the 1~s ue pensate for the unnecessary delay which had raised by the petition for certiorari. Recognizing the great interest of my occurred between return of the indictment n colleagues in this issue, I insert herewith and petitioner's arraignment. Turning to the remaining question of · ~iJe the text of the Court's opinion: I power of the Court of Appeals to fash1un (NoTE.-Where It is feasible, a syllabus Certiorari was granted on petitioner's claim what it appeared to consider as a "practicaJ." (headnote) wlll be released, as is being done that once a judicial determination has been remedy we note that the court cleany in connection with this case, at the time the made that an accused has been denied a perceived that the accused had an interest opinion is issued. The syllabus constitutes no speedy trial, the only remedy available to part of the opinion of the Court but has been the court is "to reverse the conviction, vacate prepared by the Reporter of Decisions for the sentence and dismiss the indictment." 1 American Bar Assn. Project on Standards the convenience o! the reader. See United No cross-petition was filed by the Govern­ for Criminal Justice. Speedy Trial (approved States v. Detroit Lumber Co., 200 U.S 321, ment to review the determination of the draft). at 27-28 (hereafter "ABA, Speedy 337.) Court of Appeals that the defendant had been Trial"). 19552 EXTENSIONS OF REMARKS J_une 13, 1973

1n being tried promptly, even though he was remedies are not unique in the application of of the current conflict of wills and constitu­ confined 1n a. penitentiary for an unrelated constitutional standards. In light of the poli­ tional authority between the PTesident and charge. Under these circumstances: cies which underlie the right to a. speedy the Congress over the bombing in Cambodia "The possibility that the defendant trial, dismissal must remain, as Barker noted, have been drawn on two fronts: (1) in the already in prison might receive a sentence "the only possible remedy." Ibid. Congress and (2) in the Courts. at least partially concurrent with the one Given the unchallenged determination The issue is as clear cut as it is compli­ he is serving may be forever lost if trial of that petitioner was denied a speedy trial,s cated: "Does President Nixon, as argued by the pending charge is postponed (Footnote the judgment of conviction must be set aside; Secretary of State Rogers and Secretary of omitted.)" Smith v. Hooey, 390 C. S. 374, 378. the case is therefore remanded to the Court Defense Elliot Richardson, have the author­ The Court of Appeals went on to state: of Appeals to direct the District Court to set ity to continue bombing Cambodia without "The remedy for a. violation of this consti­ aside the judgment, vacate the sentence, and the express consent of Congress?" tutional right has traditionally been the dismiss the indictment. Or, to put it another way, can Congress, dismissal of the indictment or the vacation Reversed and remanded. after more than three decades of abdicating of the sentence. Perhaps the severity of its war making authorities to the Executive, that remedy has caused courts to be ex­ claim that Nixon is in violation of the Con­ tremely hesitant in finding a failure to afford stitution as argued by the four Massachusett~ a. speedy trial. Be that as it may, we know CAPE COD AND CAMBODIA Congressmen? of no reason why less drastic relief may not In the Congress, the majority of the House be granted in appropriate cases. Here rio of Representatives have already voted to stop question is raised about the sufficiency of evi­ HON. GERRY E. STUDDS funding the air war in Cambodia; and by the dence showing defendant's guilt, and, as we looks of things, a similar vote may be forth­ have said, he makes no claim of having been OF MASSACHUSETTS coming from the other chamber-the Senate. prejudiced in presenting his defense. In these IN THE HOUSE OF REPRESENTATIVES If, through Congressional action, Presi­ circumstances, the vacation of the sentence Wednesday, June 13, 1973 dent Nixon's conduct of bombing raids in and a dismissal of the indictment would Cambodia is brought to a halt through a cut seem inappropriate. Rather, we think the Mr. STUDDS. Mr. Speaker, on May 7, off of funds, the issue will be resolved only proper remedy is to remand the case to the 1973, I joined three of my colleagues from temporarily, as I see it. However, if the suit district court with direction to enter an the Commonwealth of Massachusetts in entered in Boston before Federal District order instructing the Attorney General to filing suit in Boston's Federal District Court Justice Joseph Tauro is carried an the credit the defendant with the period of time Court to test the constitutionality of way through to a final judgment by the Fed­ elapsing between the return of the indict­ eral Supreme Court, the issue will be fully ment and the date of the arraignment. FEn. President Nixon's continued bombing of and permanently resolved one way or the R. CRIM. P. 35 provides that the district court Cambodia. We are now waiting for the other. And the judgement of the United may correct an illegal sentence at any time. Government attorneys to respond to this States Supreme Court--either in support of We choose to treat the sentence here im­ suit. The basic question is: can a Presi­ the plaintiffs or against them-in this case, posed as illegal to the extent of the delay we dent of the United States violate the will certainly be one of the most important have characterized as unreasonable." Constitution and several statutes passed to be delivered in the history of the Republic. It is correct, as the Court of Appeals noted, by the Congress and signed by the Presi­ I would like to go through the bill of com­ that Barker prescribes "flexible" standards plaint filed last week. It was inserted in the based on practical considerations. However, dent himself? Congressional Record the day after it was that aspect of the holding in Barker was This constitutional question has not filed in Boston. It appears as an extension of directed at the process of determin ing escaped the attention of the people we remarks by the Honorable Robert F. Drinan whether a denial of speedy trial had oc­ represent. At this point in the RECORD of Massachusetts in the House of Repre­ curred; it did not deal with the remedy for I would like to submit a three-part radio sentatives. denial of this right. By definition such denial editorial aired by Mr. Francis Broadhurst "On May 7th, 1973," said Drinan, "I, to­ is unlike some of the other guarantees of the gether with three of my colleagues and an ac­ on the Broadhurst Report, May 15, 16, tive-duty service man filed suit in the Fed­ Sixth Amendment. For example, failure to and 17 on radio station WQRC, Hyannis, afford a public trial, an impartial jury, no­ eral District Court in Boston, against the tice of charges, or compulsory service can Mass.: President, the Secretary of Defense, and the ordinarily be cured by providing those guar­ BROADHURST REPORT Secretary of the Air Force. "In the suit," said anteed rights in a new trial. The speedy trial PART I the Jesuit Scholar turned politician, "I, to­ guarantee recognizes that a prolonged delay The Watergate, like the plague, has become gether with Congressmen John J. Moakley1 may subject the accused to an emotional so overwhelming, has so many individuals in­ Gerry E. Studds, and Michael Harrington and stress that can be presumed to result in the volved, and is so shocking in all of its Airman First Class James H. Tayden {of Bed­ ordinary person from uncertainties in the aspects that its very prominence has forced ford), seek a judicial declaration that the prospect of facing public trial or of receiving other issues into the background. It is really actions of the Nixon Administration are in a. sentence longer than, or consecutive to, a. pity because this sordid caper {which I, violation of Article I. section 8. clause 11 of the one he is presently serving-uncertain­ like many others, once considered to be a the Constitution of the United State, various ties that a prompt trial removes. Smith v. third rate burglary) has successfully over­ congressional enactments, the Paris Accords, Hooey, 393 U.S., at 379; United States v. shadowed another issue which should be and principles of International Law." Ewell, 383 U.S. 116, 120. We recognize, as the attracting much more attention and much I would interject here that one should only Court did in Smith v. Hooey, that the stress more serious commentary than it has to seriously concern oneself with the first two from a delayed trial may be less on a prisoner date. allegations-(1) that the President's actions already confined, whose family ties and This issue is, of course, the issue of the in continuing the bombing of Cambodia are employment has been interrupted,2 but other power of the presidency versus the power of in violation of Article I, section 8, clause 11 factors such as the prospect of rehabilitation Congress-the Executive Branch versus the of the Federal Constitution; and (2) various may also be affected adversely. The remedy Legislative Branch of our tri-partite form of congressional enactments. chosen by the Court of Appeals does not deal constitutional government. More specifically, As far as violations of the Paris Accords with these difficulties. I am referring to the move four Massachu­ are concerned, constant violations of them by The Government's reliance on Barker to setts Congressmen, including our own Con­ the North Vietnamese have effectively made support the remedy fashioned by the Court gressman, Gerry E. Studds, to have the Fed­ them a dead letter, As far as there being any of Appeals is further undermined when we eral Courts issue a judicial declaration that violations of the principles of international examine the Court's opinion in that case as the actions of the Nixon Administration in law, that would be hard to prove. I think a man as well founded in the law as Fr. Drinan a whole. It is true that Barker described dis­ carrying out bombing activities in Cambodia {who headed Boston College Law School for missal of an indictment for denial of a are violative of the Federal Constitution. so long) might agree that "International speedy trial as an "unsatisfactorily severe If this case is accepted by the Federal Law" is almost as nebulous and unenforce­ remedy." Indeed, in practice, "it means that Judiciary and is actually described by the able as "natural law" and perhaps as impos­ a defendant who may be guilty of a serious courts, it will be one of the most momen­ sible to define. crime will go free, without having been tious landmarks in Constitutional Law since The important concerns are the alleged tried." 407 U.S., at 522. But such severe the Republic was founded. There is much violations of the Constitution and Congres­ at stake and, quite frankly, I am surprised sional enactments. It is hopefully here that 2 It can also be said that an accused re­ that there has not been a spate of com­ the issue will be decided, not on the latter leased pending trial often has little or no mentary in the press regarding the case. allegations which, while rooted in a certain interest in being tried quickly; but this, I would like to explore with you some of amount of idealism, really amount-for all standing alone, does not alter the prosecu­ the ramifications of the constitutional issue practical considerations-to moralistic tor's obligation to see to it that the case is as I see them on a series of reports starting breastbeating. brought on for trial. The desires or conven­ with a. briefing on the actual suit filed in Under the bill of complaint, the nature of ience of individuals cannot be controlling. Federal District Court, Boston, on May 7th. the action is described thusly: "The plain­ The public interest in a broad sense, as At the time of this writing, the battle lines tiffs seek a determination that the aerial well as the constitutional guarantee, com­ combat operations currently being conducted mand prompt disposition of criminal charges. 3 ABA, Speedy Trial, at 40-41. in Cambodia by military personnel under June 13, 1973 EXTENSIONS OF REMARKS 19553 the direction of the defendants are in vio­ that the issue should have been resolved by declared that it be "the policy of the United lation of domestic and international law. judicial decision. States to terminate at the earliest practicable It is, as is further described, a civil action It is ironic that my conservative-constitu­ date all military operations of the United seeking declaratory judgment ... adjudging tionalist arguments against liberal Presi­ States in Indochina, and to provide for the these operations to be specifically in viola­ dents should now be adopted by a liberal prompt and orderly withdrawal of all U.S. tion of the laws and further adjudicating coterie of Congressmen against a more con­ military forces at a date certain, subject to that the Nixon Administration "may not servative President than we have had for the release of all American prisoners of war engage in any such future activities in Cam­ many decades. . . . held by the Government of North Vietnam bodia or elsewhere in Indo-China without The Federal District Court in Boston has and forces allied with such government and specific Congressional authorization; and yet to accept jurisdiction in the far reach­ an accounting for all Americans missing in then only to the extent and in a manner ing suit of four "Congressional plaintiffs" action who have been held by or known to permitted by International Law." against President Nixon, Secretary of De­ such government or such forces." ... And The plaintiffs are listed and described as fense Elliot Richardson and Secretary of the they further argue that military appropria­ "Congressional Plaintiffs" who allege that Air Force, Robert Seamans Jr. The Congress­ tions bills also contain the Fulbright Proviso they have been deprived of their Constitu­ men, of course, are Jesuit Law School Dean which pretty much says the same thing as tional Right and obligation to participate turned politician, Robert Drinan; peace ad­ the Mansfield Amendment. with other members of Congress in deciding vocate Gerry Studds, John Joseph Moakley Unfortunately, a great deal of bending and where American forces are to be committed of South Boston and Michael Harrington of stretching can be applied to interpretations to combat. In addition, they allege that as Salem. of both the Mansfield Amendment and the "Congressional Plaintiffs" they are entitled An Airmen First Class, James Hayden of Fulbright Proviso and most of the rest of to a determination as to the legality of the Bedford, is the fifth petitioner in the case. the Congressional Acts cited by the petition­ defendants' actions complained of (in the However, unless the Congress successfully ers. This is so, primarily because the Con­ suit) under their Constitutional duty to de­ halts the Cambodian bombing by the U.S. gress has assiduously avoided any positive, termine whether a resolution of impeach­ Air Force through parliamentary means, thus unequivocal stand on the matter in all of men is called for. rendering the law suit moot, it seems prob­ its enactments up until very, very recently. Airman Hayden is in the suit on grounds able that the court will hear the case. Once This constitutional cowardice on the part of that the actions of the Nixon Administration a decision is made-either for the Plaintiff Congress will certainly be detrimental to in Cambodia "may deprive him of life or Congressmen and against the President (or the Congressional Plaintiffs in a court ac­ liberty without due process of the law" vice versa) -the losers will most certainly tion. Congress, in ducking its responsibilities, among other things. attempt to have the issue finally decided by has showed more form than substance. At this time tomorrow, I would continue the Federal Supreme Court. Weiss goes on further in behalf of the this exposition of the suit by Congressmen While the four Congressmen have, as is Plaintiff Congressman with some rhetoric Drinan, Studds, Moakley and Harrington by usual in any legal action gone after a deci­ which is surely designed to please peace ad­ discussing in detail the defendants and the sion from several approaches, only two, I vocates and idealists, but just as surely is reasons why they are the defendants along would hope, will seriously be considered by destined to come to nothing because it is with the incidents at issue as alleged by the the courts. They are the allegations that (1) effectively meaningless, albeit, high minded. Congressional Plaintiffs and the airman. the president is in violation of the Con­ "Regardless of the legality or 1llegality of I would point out at this time that Judge stitution which specifically, under Article I, the current U.S. military operations in Cam­ Tauro, as of this writing, has under advise­ section 8, reserves to Congress the power to bodia under the Constitution and the Paris ment arguments by the plaintiffs which he declare war; and (2) that the president and Accords," Weiss avers, "the manner in which required of them to show cause to the court his administration are acting in violation of such operations are being conducted Is in why it should take jurisdiction in this mat­ various congressional enactments. violation of the body of international law ter. The allegations that the Administration condemning the mass destruction of the lives However, the court has served notice on has violated the Paris Accords and Interna­ and property of innocent civilians, includ­ the parties named in the su1t that it has tional Law, as far as I can see, are vague at ing the Nuremburg Principles and the ap­ been entered. A pretrial hearing must be held best. And if a ruling should be made on plicable provisions of the Hague and Geneva and then the lengthy, time consuming legal these points, I fear the real constitutional conventions." process would begin. issue might be avoided by the court. This is pure Drinan as much as it is pure Until tomorrow at this time, when I will The real meat of the Drinan case is con­ drivel because, idealistic and altruistic as continue discussion of Drinan et al-vs Nixon tained, I would say, in the plaintiff's conten­ it sounds, there is effectively no body of in­ et al, Congress vs the Executive. tion that the president oversteps himself in ternational law which is obeyed by any na­ PART II stating that he has the authority to continue tion which chooses to ignore it and the A major constitutional issue is being all U.S. Air combat operations in Cambodia Nuremberg Principles are not much better but lost in the outfall of the Watergate despite the Constitution which confers the than the high minded principles of the In­ exclusive power to authorize war upon the quisition, the moralistic witch hangings scandal. The issue is whether or not the Congress. President has usurped the constitutional and witch burnings of England and Salem, perogatives of Congress in conducting bomb­ The affidavit filed with the bill of com­ not to mention the various other "justifiable" plaints more specificaly alludes to constitu­ purges which have followed revolution, ing operations in Cambodia. As I stated in tional rights and powers of Congress. In part one of this series of reports, the battle counter-revolution, and victory by any force that affidavit, counsel for the petitioners, driven by its zeal to find scapegoats and then between the Congress and the Presidency has Peter Weiss of New York, states that "the been joined on two fronts-in the Congress to justify their elimination on moralistic courts have already ruled in Mitchell versus grounds. itself where the House has already voted to Laird, that the Congressional Plaintiffs have No. There is, in my opinion, only one choke off all funds for bombing in Cambodia a duty under the Constitution to consider and where the Senate is making ominous real issue which ought to be decided by the whether the defendants, in continuing the courts in this case and that is whether or rumblings in preparation for a similar vote; hostilities (are committing) high crimes and and in the Court where four of our Massa­ not the military activities being conducted in chusetts Congressmen, including Congress­ misdemeanors so as to justify an impeach­ Cambodia under the direction of the de­ man Gerry Studds of the 12th District, are ment of the individual defendants pursuant fendants constitute a usurpation of the Con­ to the Constitution." stitution which vests power to declare war seeking to have the Courts declare the Pres­ Atty. Weiss, to further buttress the ef­ solely with the Congress. ident in violation of the Constitution. ficacy of the plaintiffs' cause, cites another On the face of it, some might charge that I will conclude my comments on this is­ this latter action is frivllous; that it is doctrine enunciated in Massachusetts v. sue when I return at the same time to­ Laird morrow. merely one more liberal effort to antagonize which states that "questions concern­ ing the legality of 'Presidential' wars are PART Ill and han·ass President Nixon. justiciable and that, in a situation where Because I have been such a strong sup­ Well, we have gone through a series of two porter of Nixon over the years, I wish-in a the executive branch is clearly opposed, a reports thus far one the case of Congressmen court 'might well' hold that the Constitution Drinan, Studds, Moakley and Harrington way-that the action were a frivolous one. has been breached." However, since I have been a supporter of versus President Nixon, Secretary of Defense The Massachusetts Congressmen are of the Richardson and Secretary of the Air Force the Constitution more than of any indi­ opinion today that "whatever Congressional vidual President, I must admit to a strong Seamans. In those reports we discussed at authorization may have existed at one point length the various aspects of the suit which desire to have this constitutional issue re­ for American military operations in Indo­ solved formally and finally by the Judiciary. I believe is today one of the most important china became inoperative with the signing issues abroad in the land. It is a headlong It is something which I feel has long been of the Paris accords last January.... " conflict between the powers of the Congress n eeded. As a college student during the brief Since that time, the four allege, "Congress and the Presidency; and if the Congressional reign of John Kennedy as President, I argued not only has failed to condone, expressly or Plaintiffs are successful, the Federal Supreme vehemently that his commitment of combat implicitly, the resumption of bombing in Court will finally be forced to decide for all troops to Indochina was a gross violation of Cambodia on February 16, but has repeated­ time the issue of who really has the authority the Constitution, Article I, Section 8, Clause ly declared its firm disapproval of any mili­ to declare and authorize war.... 11. Later, as a reporter during the Kennedy­ tary operations in Cambodia. . . ." They cite For a long time in this country there has Johnson Years, I was even more convinced the so called Mansfield Amendment which been a steady erosion of power from the Con- 19554 EXTENSIONS OF REMARKS June 13, 1973 gress to the Presidency. So complete has this When I first heard of the Federal Court CLARENCE M. ~EY NON.ITNEE erosion been that since World War II this action filed by Congressmen Drinan, Gerry FOR DffiECTOR, FBI nation has twice been forced into unpopular Studds and the others. I reacted with the and expensive wars-in Korea and in Indo­ thought that the courts are not the proper china-without regard to the Constitution arena. for Congress to fight this battle. My HON. WM. J. RANDALL which reserves to Congress exclusively the reasoning was that the Congress should not OF MISSOURI power to declare war. ask the courts to pull its chestnuts out of Both these wars and the current crises in the fire but should, finally, reassert itself IN THE HOUSE OF REPRESENTATIVES Cambodia which is being challenged in the through legislative action to put the brakes Wednesday, June 13, 1973 case of Drinan and the others versus the on the war making powers of the President. Nixon Administration have been entered into I even went back to the Federalist Papers Mr. RANDALL. Mr. Speaker, in the by this na.tion through presidential act ion­ of Hamilton and Madison to dust off the ·washington Post last Saturday, June 9, "Executive Agreement". argument that there is great danger inherent on the editorial page, was a story en­ The justification for such a shift of respon­ in seeking to align two parts of our tri­ titled, "Mr. Nixon's FBI Nominee: A sibility from Congress to the Presidency did partite system of government against the Profile." It bore a Kansas City, Mo., date­ not originate with the Administration of other. There is a danger in this if, somehow, line written by Harry Jones, Jr., who is Franklin Roosevelt, but it was certainly well for any extended length of time, two developed into a working philosophy at that branches of our government were to ally an investigative reporter for the Kansas time. against the other. Obviously an alliance of City Star. In order to speed things up and to avoid Congress and the Judiciary against the Before I proceed to comment upon this having to seek two thirds majority approval Presidency can render the Executive Branch very well written article, may I first pay by the Congress of many treaties necessary powerless, just as an alliance of the Execu­ tribute to the long and successful career to conduct foreign policy during that critical tive Branch and the Judiciary against the of the reporter who wrote this article period of our history, Roosevelt and Secretary Congress would effectively diminish the au­ and who is known throughout the of State Cordell Hull first sought to bypass thorities of the Legislative Branch. And cer­ Congress altogether by issuing a series of tainly, an attack on the Judicial Branch by Kansas City area as a painstaking, thor­ purely executive agreements which were not a strongly allied Executive and Congressional ough investigative reporter. When Harry submitted to Congress. Then they developed juggernaut would soon cripple the courts. Jones, Jr., takes the time to investigate an understanding with Congressional lead­ But after some serious reflection, one rec­ the activities of any person or group, he ers who had become alarmed at this naked ognizes that this is not the case in this issue. proceeds upon the old cliche that any attempt to subvert the Constitution. And if the critical question of Congressional job worth doing is worth doing well. The understanding reached was a com­ vs Presidential power to make war or peace Over the long years that he has worked promise which has since been the basis for in Cambodia is resolved in the halls of the at police headquarters in Kansas City, further subversion of the spirit of the Con­ Congress, the only thing that will be de­ stitution. Senate and House leaders decided cided is the single issue whether or not the and covering the city hall and in some that they should rely upon the use of "joint President has the right to conduct military instances the court house, he has been resolution" which requires only a majority operations in this single instance. known as a hard-hitting reporter, fear­ vote, not a two thirds vote, to give Congres­ It looks as if both the House and the less and unafraid; but as a long-time res­ sional approval to Executive actions. Senate are in fact, going to cut off direct ident of the metropolitan area of Kansas This use of Executive agreement and Joint funds for bombing operations and to seek, City, it is my belief that he is also regard­ Resolution during the presidencies of Tru­ through legislation, to prevent the President ed as a fair reporter who writes objective­ man, Eisenhower, Kennedy, Johnson and from transferring funds from other parts now Nixon has become the "legal" (if one can of the budget. ly and without prejudice. call it thalt) modus operandi to engage us in If the issue being forced in the courts I mention the foregoing only as a pref­ war without seeking an actual Declaration of by the Congressional Plaintiffs reaches ad­ ace in sharing with my colleagues the War by Congress. It was an effective way of judication by the Supreme Court, on the appraisal he has made of Chief Kelley, getting around Article 1, Section 8, clause other hand, the questions will be resolved President Nixon's choice for Director of eleven of the Constitution which today is the for all time. of the FBI. section which the four Congressmen claim F<>r this reason, I must support this course Harry Jones, Jr., does about as well in has been violated by President Nixon in con­ of action. Congress, in reaction to President his description of Chief Kelley in about tinuing the war in Cambodia. Nixon, can curtail his activities. But what I have long felt that the issue should have happens after Nixon when a more liberal one-half dozen words when he says, "He been tested in the Supreme Court to see if president beloved by liberal elements in the is a man's man, a cop's cop." (1) the President had the right to usurp the Congress decides once again to declare Harry Jone's description of Chief powers of Congress and (2) to see if the war supported only by the flimsy justifica­ Kelley as a square-jawed, ruggedly Congress has the right to duck its responsi­ tion of resolutions like the "Tonkin Gulf handsome man would seem to make it bilities for convenience sake even though Resolution"? We are right back to where we difficult to believe that Chief Kelley is 61 such action made a mockery of the Con­ started. And a subservient Congress such years old. He has held his age well and stitution. as we have had for three decades now would appears to be a much younger man than No one in the Congress seemed willing up once again become the tool of a super power­ to this point to seriously challenge this ful chief executive. the number of his birthdays indicates. strange set of circumstances. Max Lerner, one No. I would hope that the case of Drinan In the article written by a reporter of the nation's more liberal news columnists, et al vs. Nixon et al. will be decided finally who has been close to the city hall for pointed out recently that it has been the by the Supreme Court and be decided on many years, the philosophy of Chief more liberal elements in the Congress who the basis of the Constitutional question of Kelley so far as wrongdoing by those have worked assiduously over the years to who has the right to declare and authorize officers under his command is concerned shore up the powers of the presidency at the war. Such a. determination has become a is divided into two categories. First, those expense of the Congress. And now, wrote necessity. The question is not-or rather who make erors of the heart and sec­ Lerner, now that these same Congressmen should not be--should President Nixon's and Senators find themselves diametrically powers be curtailed. The real issue is: Should ond, those who make errors of the mind. opposed to the man in the White House, the power of the Presidency be curtailed and Back in 1969 when Chief Kelley was they want to change this "unbalance of should the Constitutional balance be re­ speaking to a police recruit class, he de­ power" which they created and they find stored? This cannot be determined by Con­ scribed errors of the heart as acceptance themselves unequipped to do it. gressional Action. It can only be determined o! a bribe. He said he could not abide For the last six years, at least, growing now by the Supreme Court. a thief and could not abide a liar, be­ dissatisfaction with our military involve­ I believe the Constitution has been sub­ cause these things go to the very cen­ ment in Indo-China has brought about a verted. I believe it was subverted a long time ter of a man's character. He warned he shift in thinking among Congressman and ago-before Nixon. I believe it was done with growing agitation for a restoration of Con­ would treat such errors with severity. gressional power which the liberals had so the willing consent of a Congress more eager On the other hand, he said errors of generously been handing over to the Execu­ to centralize power in the hands of the the mind are simply mistakes of judg­ tive Branch for three decades. At one time, President than it was in exercising the re­ ment. These kinds of errors will result it was the lonely voice of the conservative sponsibilities which should be exercised by in some criticism and particularly if which sounded the call for a redress of the the Congress. It is, as I said bef<>re, a. pity that "The such mistakes accumulate, but they are Constitutional balance of power. And now, of a very different category from errors thanks to the 1968 and 1972 elections and Watergate" has overshadowed the Case of the unpopularity of President Nixon among Drinan, Studds et aZ. vs. Nixon et aZ. For of the heart. Once Chief Kelley had the liberals, the latter have raised their surely in this case we have one of the most drawn this distinction between the two voices for a. restoration of Constitutional important issues to be decided in the history types of misconduct by his officers, he Government. of our Republic. stood ready to staunchly defend those June 13, 1973 EXTENSIONS OF REMARKS 19555 officers whose mistakes were of the or hostile in their remarks, while whites were in all the police stations to respond when almost universally Jaudatory or, in the case needed. mind rather than of the heart and took of some of the stronger liberals, silent. He has displayed sternness with wrong­ the blame himself for his steadfast de­ Kelley's basic problem in race relations has doers on the department but has fallen un­ .fense of these lesser kinds of mistakes. been that while he has tried to be responsive der criticism periodically by defending too If there is criticism leveled against to the many legitimate black complaints, he staunchly, in the opinion of critics, those of­ Chief Kelley during his confirmation has been fearful of displaying what he feelS ficers whose mistakes were, to his thinking, hearings, it could be because of race rela­ might be interpreted as weakness by his pre­ of the mind rather than the heart. He told tions. After the rioting in April 1968 fol­ dominantly white police force. Their morale a police recruit class in 1969: has been extremely important to him. "I want to warn you that we will have lowing the assassination of Dr. Martin Kansas City's population is about 20 per two ways of looking at any problem you may Luther King. At that time some black cent black. Its police force consists of only get into as officers. One type of problem is leaders called for his resignation. But, it 99 blacks out of a total of 1,300. Three blacks one which involves anything such as accept­ is noteworthy that they did not long are captains, nine are sergeants. As low a ance of a bribe or other matters of great persist in their demand, because the bulk ratio as this is, it is considerably better than moral turpitude. This is a matter of the of whites in Kansas City applauded what it was when Kelley became chief and he has heart, something you do knowingly. I cannot they regarded as firmness by his depart­ tried strenuously to recruit blacks. abide a thief. I cannot abide a liar. These ment. Kelley has acknowledged an awareness of are the errors of the heart, which go to the the dangers of having rednecks in the police center of a man's character. Such errors will May I add personally that from in­ ranks and over the years has quietly tried to be severely judged. formal and private discussions with some weed them out and reassign them to non­ "There are also errors of the mind, mis­ of the black leaders, though they did sensitive duties. But Kansas City's police takes of judgment. For those you will be not admit it publicly, they agreed that force is recruited mainly from high school criticized. If such errors accumulate, you will though Chief Kelley had been firm, he graduates in the city and nearby rural areas. run int o serious trouble. Such errors are in had also been fair. Eliminating or isolating all the racially­ a different category, however ..." Mr. Speaker, it is my prediction that prejudiced police in town is as difficult as Ideologically, Kelley is more conservative solving a Mafia murder. than he is liberal, but his sensitivity to prob­ Chief Kelley, the President's nominee, The square-jawed, ruggedly handsome I lems of minorities and the blacks especially will be confirmed after Senate hearings. Kelley is a native Kansas Citian whose boy­ has noticeably improved over the years. Po­ further predict that although Mr. Kelley hood in Kansas City's east side, as he has re­ litically he could declare himself Democratic will have a hard man to follow, our last called it, was normal, middle-class and a little or Republican and few Kansas Citians permanent Director, J. Edgar Hoover, dull. He finished in the upper third of high would be surprised whichever he picked. he wlll have the respect. of all of his men. school class and hit .300 as an outfielder in "I don't believe in such activities as po­ He will maintain his long reputation for an advanced amateur league until his in­ lice roundups or vigilantes," he said in an professionalism. He has been a no non­ ability to hit curve balls persuaded him to interview in 1963. "I do subscribe to the drop baseball. He was graduated from the theory that society has to place some re­ sense law man. This will continue to University of Kansas in 1936 and what was earn for him the great respect of all of strictions on the police. The police, after then the University of Kansas City Law all, constantly are depriving people of liberty. those in his Department. It is also my School in 1940. He joined the FBI a few But the pendulum can swing too far the prediction that Chief Kelley will be ac­ months after graduation. other way. There is no question that police cepted by those outside of the Bureau He was appointed chief of police in Kansas activity can be hampered by a too-severe in­ equally as well as his great predecessor. City in 1961 at a time when the police de­ terpretation of constitutional rights. Some­ I read into the RECORD a,t this time the partment there was trying to recover from times this has made the job difficult." article by Harry Jones, Jr., investigative a series of demoralizing near-scandals in How will he compare with J. Edgar Hoover, which five high-ranking officers had been a man he often had spoken admiringly of reporter for the Kansas City Star as it indicted by a county grand jury. One under appeared in the Washington Post Satur­ and for whom he worked for 21 years? If indictment was the former chief. None of the his style in Kansas City does not change, day, June 9, entitled, "Mr. Nixon's FBI indictments resulted in convictions, but he will probably be less aloof, less the mar­ Nominee: A Profile": Kelley's first chore was to restore public tinet without losing the respect of his men, MR. Nxxo.N's FBI NoMINEE: A PROFILE confidence in the police department and the just as eager to maintain professionalism 1n KANSAS CITY, Mo.-If Clarence M. Kelley, police officers' sense of self-esteem. the ranks and far better liked by outsiders. President Nixon's choice for FBI Director, re­ Confronted with several high-ranking old­ ceives any flack before the Senate Judiciary liners who would have preferred a chief up Committee, it probably will be over his Kan­ from the ranks (for varying reasons), he slowly reorganized the department in such sas City Police Department's record in race HAS THE COLD WAR A FUTURE? relations in the 12 years Kelley has been its a way that the undesirables found themselves chief of police. with less and less authority while those he In other respects, the 61-year-old ex-FBI thought he could trust were gaining more HON. EDWARD J. DERWINSKI agent has been virtually free of criticism. He and more responsibilities. OF ILLINOIS is generally regarded by most Kansas Citians Except for the discovery of a five-man as incorruptible, resistive to political pres­ police burglary ring in 1963, the department IN THE HOUSE OF REPRESENTATIVES has remained scandal-free the 12 years Kelley sures, innovative, warm but strong in per­ Wednesday, June 13, 1973 sonal relationships, possessing a good sense has been chief. Meanwhile, he has managed of humor, self-disciplined and as lacking in to show a flair for innovation in police sci­ Mr. DERWINSKI. Mr. Speaker, it is vanity as any public official around, he is a ence and technology. essential that the public opinion in the man's man, a cop's cop. "It borders on heresy to say that maybe police have never really been adequately at­ United States focus upon the realistic His resignation has been demanded by per­ situation which presently exists between sons of influence only once-immediately tuned to the times or suitably administered," after the rioting in April 1968, following the he told the fourth annual seminar of the law the United States and the Government assassination of Dr. Martin Luther King Jr. enforcement assistance administration in of the Soviet Union. Several black community leaders called for May of last year. "I firmly believe that peo­ Mr. Brezhnev's visit next week will his resignation while passions were still high, ple in police fields have not recognized ade­ properly be highlighted by an extensive for six blacks had been killed. They did not quately that change is occurring around news coverage. The purpose of the visit persist in the demand long, however, and the them at an unprecedented rate." and the United States and Soviet Union great bulk of whites in the city applauded This was no idle remark. He has demon­ relationship must be carefully analyzed. what they regarded as the firmness his de­ strated in a variety of ways that the police partment had employed. must adapt to new technology. He instituted One analysis, I believe should be of A five-member commission appointed by the first day-and-night helicopter patrol for great significance is an article in the Kansas City's former mayor, Ilus W. Davis, a any major city in the country in 1968. The Alternative, May issue, authored in part liberal Democrat, to investigate the cause and same year he computerized the department by Robert L. Pfaltzgraff, Jr., who is a nature of the disorder, gave Kelley a clean so that policemen could receive almost in­ professor of law and diplomacy at Tufts bill of health personally while mildly scold­ stant information in the field and would re­ University and a member of the Foreign ing the police for some of the incidents. Kel­ spond more quickly on police calls. He estab­ ley himself acknowledged that mistakes had lished a metro squad that brought Kansas Policy Research Institute in Philadel­ been made, but generally praised the pollee City police equipment and technology into phia. The article follows: force for their performance. Only a few of investigations of major crimes anywhere in HAS THE COLD WAR A FUTURE? the policemen had stood out as inexcusably the six-county, two-state metropolitan area. (Robert L. Pfaltzgraff, Jr.) inept, or over-reactive. He hammered away at improving police­ It is a widely accepted proposition that Thursday, as various Kansas Citians of community relations first with store-fronts the United States and the Soviet Union have both races were interviewed about Kelley's in tension areas. Then, when those didn't entered a new phase in their relations, and nomination, black leaders were generally cool work, stationing community relations officers that the fierce competition and hostility of 19556 CONGRESSIONAL RECORD- SENATE June 14, 1973 the Cold War have given way to an era of new relationships with the West European Europe, and Japan-will become more heavi­ detente, cooperation, and negotiation. The allies of the United States, notably the Ger­ ly dependent on Middle East oil. Hence the evidence marshalled in support of this "new man Federal Republic. Moreover, the Soviet importance to the United States, Western wisdom" is impressive: a series of arms con­ Union seeks to outfiank China by developing Europe, and Japan, of restricting Soviet in­ trol accords between the two superpowers, new relationships with countries of the Asian fiuence in the Middle East will increase. the apparent interest of the Soviet Union rimland, and especially India. The Soviet Fundamental to the U.S.-Soviet relation­ in the dampening of tension in Europe and Union has strengthened its naval presence in ship in the 1970s is the Sino-Soviet confiict. elsewhere, and, in the Moscow Summit Con­ the Pacific and Indian Oceans, and Moscow So long as this confiict persists, both Moscow ference of 1972, agreement by the United has embarked on a diplomacy designed to and Peking will seek to prevent each other States and the Soviet Union to a Declaration enhance Soviet infiuence around the south­ from strengthening its ties with Washington of Principles calling for "peaceful coexist­ ern periphery of China and to seek, over time, at the other's expense. This has already con­ ence" and the development of "normal rela­ a new relationship with Japan. ferred upon the United States considerable tions based on the principles of sovereignty, In Europe, the Soviet Union has altered its levera.ge in its dealings bcnh with the equality, noninterference in internal affairs tactics rather than its overall strategy. As a Soviet Union and China. It made possible, and mutual advantage." result of adroit diplomacy in recent years together with the Soviet need for U.S. wheat Basic to the thesis that the Cold War has toward the German Federal Republic, the and technology. President Nixon's visit to ended is the assumption that the bipolar Soviet Union has achieved one of its long­ Moscow in May, 1972, just after the mining world of U.S.-Soviet confrontation has been held goals: international recognition of the of North Vietnamese waters and the in­ replaced by an international system in which postwar frontiers of East-Central Europe and tensification of bombing. Oonversely, the Moscow and Washington find broadening the international acceptance of the German persistence of the rift makes it possible for areas of harmony of interest, or at least the Democratic Republic. The gradual disengage­ the United States to develop with the Soviet possibility of accommodation. To be sure, ment of American mil.itary power and the Union and China a less hostile relationship the world of the 1970s differs in several im­ neutralization or "Finlandization" of West­ than either communist state can develop portant respects from the world of the 1950s ern Europe remains a Soviet goal. Moscow with the other. or even the 1960s. In recent years, both the seeks to avoid any abrupt change in the It follows, then, that a major improve­ United States and thhe Soviet Union have American relationship which might lead the ment in Sino-Soviet relations would threat­ faced disintegrative forces in their alliance Europeans to political unity or a major de­ en much of the basis for an improved U.S.­ systems, and the Sino-Soviet alliance of the fense effort and the formation of a European Soviet relationship, and in fact would place 1950s has been replaced by deeply-rooted nuclear force. The eventual neutralization in jeopardy the structure of an international animosity between Peking and Moscow. In of Western Europe would ease the Soviet task system based either on a triangular rela­ Europe and Japan, major new centers of of communist control in East-Central Europe tionship between Moscow, Peking, and economic power have been built on the ruins and strengthen Moscow in its confrontation Washington or a more multipolar system of World War II. with China over the next decade. Parenthet­ including as principal actors Western Eu­ Over the past decade, both the Soviet ically, in this respect, Peking and Moscow rope and Japan. The future prospects for an Union and the United States have acquired interests in Western Europe are opposed: improvement in Soviet-American relations vast, highly advanced weapons systems of China favors a strong U.S. military presence then depend upon the course of Sino-Soviet mass destruction; additional powers-Brit­ and a unified Western Europe in order to relations after Breshnev and Mao, both of ain, France, and China-have built national divert Soviet power from the long Sino-Soviet whom can be expected to depart from the nuclear capabilities and many other states frontier. Thus, in Western Europe the basic leadership scene before the end of this dec­ now have the technological know-how to interests of the United States and Soviet ade. It also depends upon the continued produce such weapons. In certain categories Union remain divergent. While the Soviet willingness of the Soviet Union to forego the of strategic systems, (i.e., launch vehicles, Union strives to become the dominant power use of force, nuclear or conventional, to de­ throw-weight, and warhead size) the Soviet in Europe, the United States seeks to build stroy China's nuclear capability before it Union has achieved a quantitative lead over a partnership with Western Europe capable is adequate to provide a credible second the United States, although the United of developing greater unity and providing strike against the Soviet Union. States retains an advantage in numbers of more adequately for its own defense. In sum, only if the United States were warheads, deliverable megatonnage, missile Over the next decade, American and Soviet prepared to redefine its national interests to accuracy, and new technology, for example interests are likely to continue to diverge in exclude all regions beyond North America in MIRV. As symbolized in the Strategic Arms other parts of the globe, for example, in the and to acquiesce in a clearly inferior stra­ Lim.itation Accords of 1972, the Soviet Union Middle East. While the Egyptian expulsion tegic posture vis-a-vis the Soviet Union (a has achieved strategic "parity" with the of Soviet advisers and technicians in 1972 prescription that not even some of the sev­ United States. From its position as a clearly may have pointed up the limits of Soviet in­ erest critics of U.S. globalism have advo­ inferior power in the 1950s and 1960s, the fiuence in the Arab world, Moscow retains ex­ cated), the prospect for continued U.S.­ Soviet Union of the 1970s, with a rapidly tensive ties with other Arab states, includ­ Soviet competition looms large. Both sides expanding modern navy, casts the shadow ing Iraq and Syria and even Egypt. For the will strive for technological breakthroughs of its infiuence into regions of the globe from Soviet Union, the importance of the Middle designed to enhance the deterrent value of which Soviet power was historically excluded. East will grow. Moscow and Washington will their strategic forces. Both, for their own At the same time, the United States has continue to seek to prevent tensions in the reasons, will attempt to exacerbate the ten­ entered a period of greater preoccupation area from escalating to a direct confronta­ sions within each other's alliance systems with domestic affairs and intense introspec­ tion between the superpowers. Yet, this may and form new relationships with allies of the tion and doubt about the premises which become progressively more difficult either as other. Both will seek to preserve and extend shaped its global policies and interests dur­ a result of the growing western dependence their infiuence in the Middle East and in ing the past generation. on Middle East oil or the continuation of other areas of the Third World deemed vital In this changed world of the 1970s, the confiict between a strengthened, modernizing to security. Both will continue to have dif­ United States and the Soviet Union have Arab world, supported by the Soviet Union, ferent, and even divergent conceptions of entered a new period in their relations. If and Israel, backed ultimately by the United "peace," differences in the principles for or­ they have found common interest in limited States, fighting to retain all or some of the ganizing their domestic societies, and differ­ arms control agreements and in negotiations occupied territories acquired in the June ing conceptions of national interest underly­ 1967 war to achieve "secure boundaries." ing their respective foreign policies. If this on other issues, Washington and Moscow Even now, the world demand for oil has is not the "Cold War" of the decade after continue, nevertheless, to compete for in­ enhanced the importance of the Middle East World War n, it is nevertheless a far more fiuence in Europe and Asia, as well as in the to the West, and, perhaps to a lesser extent, complex form of competition whose outcome Middle East. Just as the United States seeks to the Soviet Union. As a result of rapidly will shape the international System as well to strengthen its links with Peking, the So­ rising energy needs, three of the major world as the role of the United States in the re­ viet Union makes a concerted effort to build power centers--the United States, Western maining decades of this century.

SENATE-Thursday, June 14, 1973 The Senate met at 11 a.m. and was God of all power and might, the Maker a sign of service and sacrifice, of justice called to order by the President protem­ and Ruler of men and nations, we thank and brotherhood, of peace and good will. pore