11188 CONGRESSIONAL RECORD- SENATE May 21, 1965 1954, as amended, and for other purposes, Mr. ALLOTT subsequently said: Mr. SENATE in which it requested the concurrence of President, I ask unanimous consent that the Senate. my signature may be added to the cloture FRIDAY, MAY 21, 1965 motion notwithstanding the fact that it The Senate met at 12 o'clock meridian, has already been filed. and was called to order by the Acting HOUSE BILL PLACED ON CALENDAR The ACTING PRESIDENT pro tem pore. Without objection, it is so ordered. President pro tempore
TABLE 1.-Interest levels and voting behavior
PRESIDENTIAL t
Alameda Orange Seattle
Voters Nonvoters Voters Nonvoters Voters Nonvoters
Number Percent Number Percent Number Percent Number Percent Number Percent Number Percent ------1----1----1------Very interested_------·--- 648 77 14 56 614 78 12 55 628 84 44 70 Fairly interested.------,------ 140 17 6 24 128 16 5 23 93 13 14 22 Slightly interested.------ 40 5 3 12 33 4 4 18 19 3 4 6 Not at all interested------9 1 2 8 8 1 1 5 4 1 1 2 Total •••• ----. ------•• --···· -- 837 25 ------783 ------22 ------744 ------63 ------
SENATORIAL OR GUBERNATORIAL 2
Very interested.------530 63 7 28 552 70 12 55 645 86 46 73 Fairly interested ____ ------___ --_------231 28 12 48 174 22 7 32 88 12 13 21 Slightly interested ______------58 7 4 16 44 6 3 14 12 2 3 5 Not at all interested.------16 2 2 8 13 17 .. , 2 0 0 4 1 1 2 TotaL •• _____ ------835 25 ------783 ------22 ------749 ------63 ------
PROPOSITIONS AND OTHER ISSUES 1
562 67 17 68 561 72 17 77 532 71 41 65 . j::liyini!~~~Ci:::::::::: ::::::::: ::::::::::: 228 27 5 20 183 20 2 9 179 24 17 27 Slightly interested.------__ ------ 33 4 2 8 33 4 3 14 34 5 3 5 Not at all interested.------10 1 1 4 6 1 .o 0 4 1 2 3 TotaL ______--- ______833 25 ------783 ------22 ------747 63 ------
1 Alameda: X2=6.10, p=>0.02. Orange: X2=6.66, p->0.01. Seattle: X2=7.96, P=>0.01. Combined: X2=20.72, df=3, p=>0.001. 2 Alameda: X2=7.79, p=>0.01. Orange: X2=2.10, p=>0.10. Seattle: X2=8.89, p=<0.001. Combined: X'=18.78, df=3, p = >0.001. •Alameda: X'=O, p=ns. Orange: X2=0.256, p=ns. Seattle: X2=0.533, p=ns. Combined: X2=0.789, df=3, p=ns. NOTE.-To compute the chi square values shown, each table was collapsed so that it became a fourfold contingency table. The vertical collapse resulted in comparing the "Very interested" to a combination of the other 3 "Less interested" categories. It is clear that interest in the presidential County, the totals were 416,136; 405,942; and Another explanation for the high interest race tended to be higher for voters than for 402,123, respectively. As interest in the two but relatively low vote total on p;roposition nonvoters. Reca.11, in explanation of this electoral contests declined, so did the totals 14 may be the confusing legalistic wording of finding, that the interest questions were of the votes cast !or each. the explanations of the proposition on the asked from 1 to 4 days before the election. Let us examine the expressed interest ballot. The high interest responses we re The voting reports were verified in the public figures relating to the "tertiary issues" (in ceived on this question may also be partly records of all three western areas. The rec California, there were 17 statewide proposi attributable to the wording used in the inter ords revealed a rather large prevarication rate, tions on the ballot; in Seattle, a nonspecific view. The respondents were asked, "And about which more will be written later (e.g., group of other issues) . An anomaly which how interested would you say you are in the of Seattle's 62 nonvoters, 42 reported tha.t might be fully understood only by a stu propositions on the ballot?" The answers they had indeed voted) . dent of california politics strikes us im may have reflected a summated interest level, The same distinction as above appears in mediately. While interest in the proposi including the respondents' cumulated in the results of the question on interest 1n tions was found to be higher in the preelec terest in all 17 propositions. California's senatorial or Washington's tion interviews, the vote cast on proposition Before leaving this portion of the analysis, gubernatorial campaigns; that is, voters were 14, the contro:verslal !air housing repeal (and one possibly gratuitous caveat should be more interested. than nonvoters. However, as the proposition on which the most votes were mentioned. That ·is, the types of interest might have been expected, the skewness of cast) was lower than the s~natorial vote ln questions we asked probably forced amrma the curve on this secondary campaign ts not both of our California areas. Moreover, our tive responses to a certain degree. In almost as sharp in the direction of the topmost level findings show there was an equally high de all strata of our society, it is considered of interest expressed as it had been on the gree of interest in the propositions among undemocratic to be uninterested in impor presidential question. In a word, there was voters and nonvoters. This interest and/or tant elections. Even our nonvoters, while more interest expressed in the presidential emotionalism, however, was probably not relatively less interested in all cases than race than in the senat.orial or gubernatorial sumctent to elicit such turnover as did occur. the voters, were significantly skewed toward races. It may also be seen that Washington's high interest. Thus . we find that the ap gubernatorial race elicited more interest than There are many examples of relatively low parent close relationship between expressed California's senatorial contest. This inter turnout on hard-fought local issues.' interest and actual voting behavior may, in state difference was, moreover, evident on part, be artifactual. In the analysis we have each of the first two interest questions. avoided absolute interpretations of interest To make at least one tenuous tie between residential real property, initiative constitu levels and have dealt instead with relative expressed Interest on a sample basts and tional amendment: Prohibits State, subdivi differences. voting on a census basts, consider the follow sion. or agency thereof from denying, llm1t ing: the statement of vote of the secretary In sum, even at this early stage in the lng, or abridging right of any person as he analysis, and in a manner to be substanti of state of California shows Alameda County chooses. Prohibition not applicable to prop with a total presidential vote of 485,255; a ated in the pages to follow, we may conclude erty owned by State or lts subdivisions; that the interest variable was probably re- total senatorial vote of 421,145; and a total property acquired by eminent domain; or vote count of 418,116 on proposiilon 14, the transient lodging accommodations by hotels, "proposition o! major interest."• In ~e motels, and slm1lar public places." very well publicized school board recall, which 1 Proposition 14 appeared on the California 'In Berkeley, only 59.5 percent of the Issue boiled down to a question of integrat ballots in this manner: "Sales and rentals of registered voters turned out to decide the ing the city's Junior high schools (Apr. 1964).
: '1 May 21, 1965 CONGRESSIONAL RECORD - SENATE 11201 sponsible for more of the variation in the quire looking for differences in nonvoters' tion of turnout. Table 2 shows the manner voting turnout than any other single ele and voters' preelection statements of candi in which our respondents were split on the ment. date preferences. The individual changes preelection candidate preference question. CANDmATE PREFERENCE between preelection statements of preference Furthermore, it shows that few of our non Testing either a bandwagon or an under and postelection reports of actual vote would voters were unlike the voters in their pref dog hypothesis of voting turnout would re- also be important in this type of considera- erences.
TABLE 2.-Preelection presidential preferences, individual predictions, and voting ALAMEDA COUNTY
Preferred Johnson (448 or 52.3 percent) Preferred Goldwater (224 or 26.2 percent) Undecided, refused (183 or 21.4 percent)
Johnson Goldwater Don't know Johnson Goldwater Don't know Johnson Goldwater Don't know will win will win will win will win will win will win
Num- Per- Num- Per- Num- Per- Num- Per- Num- Per- Num- Per- Num- Per- Num- Per- Num- Per- ber cent ber cent ber cent ber cent ber cent ber cent ber cent ber cent ber cent ------Total or average______._ __ _ 389 86.8 2 4.5 53 11.8 84 38. 1 55 25.0 81 36.8 85 50.8 6 3.6 76 45. 5 ------Voted ___ ------______371 95.4 1 50.0 53 100.0 82 97.6 52 94. 4 81 38. 0 83 97.6 5 83. 0 75 98. 7 Did not vote ______12 3. 1 1 50.0 0 0 2 2.4 3 . 5.6 0 0 2 2. 4 1 16. 7 1 1.3
ORANGE COUNTY
Preferred Johnson (264 or 33.3 percent) Preferred Goldwater (370 or 46.7 percent) Undecided, refused (158 or 19.9 percent)
Total or average ______232 88.2 1 0. 4 30 11.4 150 40.8 102 27. 7 116 31. 0 60 40. 5 11 6.5 77 45. 8 Voted ______------228 98.3 1 100. 0 29 96. 7 147 97.9 99 97.1 115 99. 0 58 96. 7 9 81.8 74 96. 1 Did not vote ______4 1. 7 0 0 1 3.3 3 2.1 3 2. 9 1 .9 2 3. 3 2 18. 2 3 3. 9
SEATTLE
Preferred Johnson (390 or 49.6 percent) Preferred Goldwater (242 or 30.7 percent) Undecided, refused (155 or 19.7 percent)
Total or average___ ------370 87. 5 4 o. 9 49 11.6 105 43. 0 74 30. 6 63 26. 0 64 41. 8 5 3. 3 84 54. 9 ------Voted ______340 91.9 4 100. 0 46 93. 9 100 95.0 70 94. 6 57 90.0 61 95. 3 5 100. 0 76 90.5 Did not vote ______30 8.1 0 0 3 6.1 5 4.8 4 5.4 6 9. 5 3 4. 7 0 0 8 9. 5
WHO WILL WIN? after voting showed a small tendency for still be relatively high. For example, in the The responses to this question again Johnson voters to have become less iriter nonpresidential race in 1962, 78.8 percent of showed few distinctions between voters and ested in voting because of hearing the news all registered Californians turned out to nonvoters. casts that Johnson had already won. Gold choose a Governor and a U.S. Senator. This The first thing of note on this part of table water voters 1n this substudy became more compares with a figure of 88.4 percent in the interested in voting after hearing the broad 1964 presidential election.e 2 ls the strength of commitment Goldwater cast predictions.11 These are the senatorial-gubernatorial followers showed for their man. A surpris choices as expressed before the November 3 ing number staited that he would win the SENATORIAL-GUBERNATORIAL PREFERENCES election. election. We expected this, however, consid While no doubt a less important determi ering the context in which they were asked nant of turnout than presidential preference the question. There may well have been a and its attendant cognitive structure, one's 8 Both figures are no doubt attenuated by certain amount of constraint for answers leanings in the secondary race on a presiden relying completely on inaccurate base figures consistent with the respondents' stated pref tial election-year ballot are important of valld registrations. California is said to erences. The only worthwhile numbers of enough to mention here. Even if the presi have ln operation now an intercounty regis tration data exchange; 1.e., a person moving nonvoters fall, as anticipated, into the cate dential race were a sure thing (and those gory of those who initially favored Johnson, very sure of a Johnson victory in our total from Los Angeles to San Francisco would and also thought he would win the election. sample outnumbered the Goldwater predic have his old registration removed from the All other considerations disregarded (e.g., the tors by 6 to 1), voting turnout would rolls when he registered in San Francisco. usual demographic correlates of nonvoting), An out-of-State move, however, leaves the there seems to be some preliminary evidence old name on the books. In this case, a regis to hypothesize a small lethargy effect of s D. Fuchs, "Election Day Newscasts and tered voter who moved out of State might some sort. Along the same llne, a Berkeley Their Effects in Western Voter Turnout," finally be marked a nonvoter in the county sample of 344 voters, queried at the polls Journalism Quarterly, winter 1965, pp. 22-28. records.
TABLE 3.-Stated voting for Senator/Governor and preelection preferences of voters and nonvoters
Alameda Orange Seattle
Voters Nonvoters Voters Nonvoters Voters Nonvoters
Number Percent Number Percent Number Percent Number Percent Number Percent Number Percent ------Preferred the Democrat______342 41 12 48 202 26 3 14 238 32 20 32 Preferred the Republican ______306 Undecided, refused ______37 8 32 415 53 9 43 344 46 25 40 173 21 4 16 103 13 . 3 14 124 17 13 21 Voted Democratic______·______365 45 12 48 208 30 3 23 255 34 15 24 Voted Republican ______24 429 62 Refused to state______348 42 6 5 38 399 53 25 40 81 10 1 4 45 7 0 0 64 9 10 16 11202 CONGRESSIONAL RECORD - SENATE May 21, 1965 The minimal data from Orange County bility sample, were asked this question by the absence of a presidential election. The show nonvoters having initially alined them the Field Research Corp. of San Francisco: fact remains, however, that in California we selves toward Murphy by a 3-to-1 propor "Suppose you had not yet voted on elec can expect at least 10 percent of the eligible tion; this compares to a 2-to-1 margin tion day when you heard that according to citizens in the State to refrain from voting in among those who finally did cast a vote. The the predictions of a computer based on votes off year elections, nQ matter how hotly con opposite result was obtained in Alameda: already cast, Lyndon Johnson was consid tested those elections may be. Salinger was more highly favored among the ered sure of winning no matter how the vote BROADCAST NEWS LISTENING AND VIEWING persons who stayed away from the polls than went here in California. Do you think you among the people who went to vote. In a would go out and vote, or would you prob If we have given short shrift to the con sideration of the host of variables which recently released statement, Mr. Salinger as ably not bother to go to the polls?" The 1,180 persons who said they would still make up a comprehensive index of likelihood serted that 350,000 persons refrained from to vote, it is mostly because of lack of space. voting because of the early release of John vote were then asked: "What would be your main reason for going out to vote?" Then We do have data on a number more of the son victory predictions on election day. At characteristics and reported attitudinal this point of our analysis, we will venture so another question, this time based on the supposition of a projected victory for Gold states which tradionally relate to turnout. .far as to say that if nonvoters in Alameda water was asked everyone. It, too, was fol They will be treated in depth in a later, long County had indeed voted, they would have lowed, for the 1,180 "yes" respondents ( 10 of ·er publication. For now, the primary con voted for Salinger in greater ntimbers than the 20 "noes" were also "not bothers" from cern is in establishing whether exposure to for MURPHY. The reverse would probably the previous question) by a question of the radio-television news broadcasts on Novem have occurred in Orange County. The mag reasons for voting. Table 4 shows one im ber 3 affected turnout. We acknowledge nitude of the split-ticket vote, however portant thil).g in the line of the present dis that other factors may or may Iiot have had (approximately 10 percent), makes any cussion. their effects. analysis that would directly attribute sena In order to affect voting, the broadcasts torial voting to a function of presidential TABLE 4.-Reasons for stilZ voting in spite of must have been listened to or at least heard 7 hearing a "declaration of victory" about. We concentrated on the former for preference or voting somewhat questionable. the reason that most of the respondents lis That is, perhaps 10 percent of the persons tened at some time that Tuesday afternoon who did not turn out might have been ex Projected Projected Johnson Goldwater or evening (96 percent in Orange, 92 percent pected to vote for Johnson and MURPHY. victory victory in Alameda, and 95 percent in Seattle.) TURNOUT AND THE OTHER ISSUES About 10 percent of the respo-ndents in the Let us look at another part of this election Num- Per- Num- Per- California areas and a bit less than that in study, for a different slant on what brings ber cent ber cent the Seattle sample were exposed to the elec ------tion broadcasts before casting their own votes. out the vote. Some 4 weeks before the elec This, incidentally, is a conservative figure in tion, 1,200 Californians, in a statewide proba- Want to vote on other issues. 195 16. 2 193 16.2 Want to vote for my man each case. Both questions were phrased in whether he wins or loses __ -i27 35.4 454 38.2 terms of Within-hour intervals; if a person Do not believe the predic- was tuned in first at 5: 15 p.m., but did not 7 The California "statement of vote," elec tions, they could be wrong_ 247 20.11 236 19. 9 27.Q 211.6 vote until 5:45 p.m., he is in an overlapping tion Nov. 3, 1964, puts the total statewide Other reasons. ------337 304 interval and is not .counted in the above vote for Johnson at 4,171,87'7 or 57.7 percent; figures. Notwithstanding the number we for Goldwater, 2,879,108, or 39.8 percent; for N OTE.-The questions were asked in open-ended may have missed because of the overlapping Salinger, 3,411,912, or 47.2 percent; and for form. of the response categories on these two ques MURPHY, 3,628,555, or 50.2 percent. Thus in In both cases, only 16.2 percent of the tions, the conclusion is clear: At most, only California there was a split-ticket vote of respondents said that they wanted to vote about 10 percent of our sample could have approximately 10 percent in favor of on other issues. Now, it is obvious that the been affected by the election day newscast MURPHY. remainder would not refrain from voting in e1ther in turnout or vote switching.
TABLE 5.-Election-day viewing or listening behavior of voters and nonvoters ' ,_; Alameda Orange Seattle
Voters Nonvoters Voters Nonvoters Voters Nonvoters
Number Percent Number Percent Number Percent Number Percent Number Percent Number Percent ______,____ ------Time of exposure: 1 to 5 p.m ______269 33 4 16 282 41 4 31 307 41 18 29 5 to 6 p.m ______390 48 .., 28 389 56 6 46 460 61 28 « 6 to 8 p.m ______647 79 18 72 538 78 8 62 628 84 47 75 r ( NoTE.-Numbers are not additive through time intervals. There is increasing redundancy in each of the last 2 intervals. For all respondents, listening increased answered. The effect was minor. Both our But whatever conditional phrases we use, as the day wore on. Closer analysis shows California samp!e areas showed turnout rates the fact remains that the overall magnitude that there was no apparent dropoff in lis of about 97 percent among the interviewed of the effect was small. This does not, how tening among Goldwater voters, a finding respondents. Seattle showed a turnout of ever, answer two related questions which which might surprise the dissonance theo about 92 percent in our sample, and the must, be considered: (1) Was the broadcast rists, at least on its face value.8 Table 5 Farmer's Almanac may have been as good a effect on t_urnout insignificant socially as indicates, most importantly, that listening predictor of that relatively lower turnout as well ·as statistically? (2) Was the effect, as was consistently lower among nonvoters: the most sophisticated computer program. measured, in any way predictive of possible another piece of evidence in the explanation On November 3 in Seattle, it rained hard effects in future elections? (If Governor that would have us attributing most of all day. Perhaps there was an interaction Scranton had been nominated, would the nonvoting to a just-plain-don't-care at effect between rainfall and the broadcasts of not-so-early declarations of a Johnson vic titude about this election-and probably Johnson's victory. But even that makes tory have effected more late hour changes about politics in ge~eral. the part played by the electronic media rath in turnout?) SUMMARY AND IMPLICATIONS er insignificant-from the quantitative view Many examples of extremely close lower point at least. level elections could be cited on the first The question of whether our sample pop We are aware, too, that our high turnout point. The Nevada senatorial race in 1964 ulations' voting turnout in the past general figures are not completely representative of is a good example. The final count showed election was much affected by the early the · registered populations sampled. The Senator CANNON reelected by a margin of broadcasts of the Johnson victory has been verified voting rates among those persons about 100 votes. This is a margin of less who refused to be interviewed or reinter than 0.0001, or one-tenth of 1 percent of viewed, for example, were lower than among the total Nevada vote. It does not take much s L. Festinger, "A Theory of Cognitive Dis our before-after sample members. There of an effect, either from the early victory sonance," Stanford University, 1962. It may is no reason to doubt that the broadcast be that the dissonance inherent in a Gold declarations or anything else, to change a effects were different in these two other margin like this one. If 1 more Democrat water voter's viewing of his candidate's de types of populations. Maybe as likelihood in every 1,000 refrained from voting because veloping defeat was bal,anced by the converse of voting decreases generally (as it did in the President had already won, Senator and simultaneous trend developing in the the latter subgroups) the real effect of the CANNON would be ex-Senator CANNON today. senatorial-gubernatorial races in California computer predictions assumes a greater rela The importance of this small effect, of course, and Washington. tive proportion. increases as the number of total votes cast May 21, 1965 CONGRESSIONAL RECORD- SENATE 11203 in any election decreases. That is, we posit There ls this autoregulatory feature to be cast predictions played in the late day that even such a tiny effect ai:; that we have considered. switching of allegiance on secondary elec described may have changed more than a But even with less time for west coast tions and on other ballot issues. As has been few town council posts and the like through voters to be affected, there is a possibility mentioned, a third phase of interrogation out the West this past November. that certain dimensions of the effect would is currently being undertaken to look more The second question is not as easy to an be greater under more normal circumstances closely at this area. swer as the first. Surely this was a strange than those of 1964. For example, given less SHOULD THERE BE PREVENTIVE LEGISLATION? election. Much has already been written on intense commitment to a Scranton than to a Even if the measurable broadcast effects its uniqueness. There is bound to be a re Goldwater, is it not possible that there would on voting turnout were minor, there was turn to normalcy next time. So what effect be more of a late day defeatist feeling still a concern among our respondents about might the prediction broadcasts have had among Republicans, which might in turn these broadcasts. The last question in the in a Scranton-Johnson contest? First, a elicit nonvoting? Or is it not possible that post-election interview read: "Some people closer election would even under the present Johnson voters would be less intense too have suggested that a law be passed to pre laws, make for less time in which a broad (i.e., less likely to vote) if the alternate to vent the announcing of election results un cast effect could make itself felt. As the vote their candidate was someone not quite so til people all over the country have finished count in the East is closer, so the predictions threatening as a Goldwater? voting. Would you favor or oppose such become more difficult, and so the necessary It is clear that there are still a number of law?" (and, "why?") Table 6 shows the electoral margin is not perhaps reached un questions yet to be answered. Among these breakdown of the responses by candidate til the Mountain States have reported. is the assessment of the part that the broad- preference.
TABLE 6.-Candidate preference and the law to prevent early broadcasts of election returns
Num- Per- Num- Per- Num- Per- Num- Per- Num- Per- Num- Per- Num- Per- Num- Per- ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ------' ----1---11------Favor_------214 44. 2 140 59. 8 84 32. 3 195 52. 6 211 49. 2 196 72. 9 53 23. 4 ~ 48. 7 Oppose ______------197 40. 7 66 28. 2 120 46.1 110 29. 6 125 29.1 36 13. 4 119 52. 6 28. 0 No opinion ______. __73___ 1_5_.1 ____ 2s___ 1_2_. o ____ 56___ 2_1_. 5 ____ 66___ 1_1_. s ____ 93___ 2_1_. 1 _ ___37___ 1_3_. 1 _ ___M___ 23_. 9 ______35 2_3._3
TotaL------. 48-i _____ : __ 234 ------260 ------371 ------429 ------269 226 ------150 ------
Johnson voters in the four areas exhibited of aggression taught professional revo reaching manner that he outdistanced. differential and, at present, unexplainable lutionaries by Communist powers. and overshadowed most of his contem feelings about the question. Goldwater voters, however, are strongly and consi.stently There being no objection, the resolu poraries. In fact the world has only in favor of the proposed legal prevention of tion was ordered to be printed in the recently caught up with some of his sane early returns broadcasting. The strength of RECORD, as follows: . and profound views. the margin of favoring versus opposing the Whereas it is now clearly recognized that, The 13th century into which Dante prevention law ls, perhaps, even attenuated despite economic and mi11tary superiority was born was one of exceptional unrest somewhat by the overriding feeling of oppo during the past 20 years, close cooperation not too unlike this 20th century. Great sition to any governmental control that we with the United Nations and the most im social, religious, and scientific changes might expect among Republicans. Now, mense foreign aid program in world history, were being made; economic, political, and what does this result mean for the present the United States has deteriorated as a philosophical concepts were in a state of research? We have made a tentative spec world power, due to massive failures in the ulation that the Goldwater voters' responses nonmilitary area of political and propa turmoil; the minds of men were being reflected a concern that their candidate, and ganda welfare; and tempered in the fires of yearning and perhaps all local Republicans too, were losing Whereas it is now becoming increasingly ambition and were being molded by ad votes because of the early returns. Possibly clear that Communist officials are highly versity. Few periods in history have de the concern has dimensions of both a fear of trained and dedicated Marxists, whose con veloped such great thinkers and Dante a "bandwagon effect" and also a defeatist sistent goal is domination of the free world was one of the foremost. effect. It is not unreasonable to impute some by a master strategic plan and by effective Although noted primarily for his personal projection to the responses of the political warfare; and that this has resulted Goldwater voters. Maybe they felt affected in the successful training of 20,000 student great poetry, Dante was an outstanding themselves. This is being investigated in subversives each year who return to their scholar in science and philosophy, in the third phase of the study now underway. countries as effective Communist leaders to government and in art. We · can but promote infiltration and subversion: Now, wonder how any man could have acquired therefore, be it such a wealth of understanding when ORDER OF LAFAYETTE ENDORSES Resolved by the Order of Lafayette in the difficulties of reading and having convention assembled, May 8, 1965, That the access to reading materials was so FREEDOM ACADEMY United States immediately initiate counter staggering. Mr. MUNDT. Mr. President, the Or measures to confront Communist aggression, We are indebted to this great poet, der of Lafayette has just concluded its infiltration and political takeover, by estab lishing a number of Freedom Academies to philosopher, and statesman for what his annual meeting, to which Senator enable the citizens of the free world to works have meant to us and our fore LAuscHE contributed with his customary develop the political skills necessary to pre fathers for the past 700 years in the sage counsel. One object of this promi serve their freedom; and further be it formation of our social and political con nent organization of patriotic citizens is Resolved, That the Order of Lafayette rec cepts. I hope that all of us study again to endeavor to unite the destinies of our ommends that the House of Representatives the timeless works of that great man of Nation and France in defense of a free and the Senate take affirmative action on destiny. To the extent to which the world, realizing that any weakening of the Freedom Academy and Freedom Commis sion bills as a most important initial measure Italian-American societies stimulate us the traditional friendship of these coun in a new strategic plan for confronting Com to study and contemplate Dante's works tries will aid the cause of world com munist aggression in the cold war. they will be making a lasting contribu munism, and will jeopardize the survival tion to our well-being. To them all of free nations. America should be grateful. A resolution was adopted at this meet ing, which should be given wide publicity, THE 700TH ANNIVERSARY OF since it is based upon the laudable desire DANTE ALIGHIERI THE FRYINGPAN-ARKANSAS to counter the training of thousands of Mr. PELL. Mr. President, through PROJECT prospective subversives from foreign the efforts of our American citizens of Mr. DOMINICK. Mr. President, I ask lands by the Communists. Italian descent we all have the oppor unanimous consent to have printed in I ask unanimous consent to include tunity to participate in observing ·the the RECORD a very interesting and in the following resolution calling for en 700th anniversary of one of Italy's most formative article entitled "Colorado's actment of the Freedom Academy bills in illustrious sons, Dante Alighieri. New Future With the Fry-Ark." the RECORD. . Born in Florence in 1265, Dante spent The article was published in the May The Order of Lafayette recognizes our much of his life in that city until he was 1965 issue of Reclamation Era; the au need to improve defenses of the non exiled. Here in Florence he dreamed thor is Eleanor M. Gale, a native Col Communist world against this new kind and thought and wrote in such a far- oradan, who has devoted much time and 11204 CONGRESSIONAL RECORD- SENATE May 21, 1965 research to the Fryingpan-Arkansas for if you lived on one side of the divide--and Of the project as a whole, money spent project. I think the article will be of against if you lived on the other. For 10 for irrigation, power, municipal water supply years in Congress, Pennsyvania argued and delivery systems-over 90 percent of con particular interest to those who are in against it because it meant spending money struction cost--will be paid back to the Gov terested in water and the West. on public power. California argued against ernment. And this, together with interest, There being no objection, the article it because many of its people felt it was a will result in a total reimbursement of $228 was ordered to be printed in the RECORD, plan to rob them of something which by million to the U.S. Treasury. as follows: rights belonged to them. They felt that they The next phase of the Fryingpan-Arkansas [From Reclamation Era, May 1965) owned the water involved. And among project wm be the development of the west ern slope water collection system-drawing COLORADO'S NEW FuTuRE WITH THE FRY-ARK those in Colorado who did want it passed, many were homemakers who realized the from the south side collection area, and in (By Eleanor Gale) poor quality and scarcity of the water avail volving the construction of three major tun (NOTE.-Mrs. Gale, born in and a resident able to them, or businessmen who knew that nels. One of these, the Divide Tunnel, is of Pueblo, Colo., for 22 years, now lives in to survive economically, arid parts of Colo ·5.3 miles long, and has a 10%-foot-dlameter Denver with her husband, Dr. Scott A. Gale rado had to have more water. But they bore. It will carry water from the· west to the and three youngsters, ages 4, 3, and 2. An really didn't know what was involved from east side of the Continental Divide, to Tur aspiring writer, she recently had her first a political standpoint, and certainly not from quoise Lake (also called Sugar Loaf Reser major publication-a first-person experience the engineering standpoint. voir) 5 miles southwest of Leadville, Colo. in the November 1964 edition of Redbook The western slope needed water. But I This town, famous for its mining history, has magazine. Having majored in creative writing was from the eastern slope. That night at become the scene of exciting development at Pomona College, Claremont, Calif., an op the fair in California, I decided to learn as with the beginning of the project. portunity for her to write about something much as I possibly could about the project, About 70,000 acre-feet of water from Tur in which she really believed occurred in her a subject which has held my interest for the quoise Lake (enlarged from 17,000 acre-feet junior year, when she spent 6 months in past 9 years. I've read a bookshelf full of capacity to 117,000 acre-feet capacity). will Washington, D.C., studying the Fryingpan background, traveled to Washington and be carried annually through a series of canals Arkansas project. Her voluminous writings back, and even made myself learn to under to Twin Lakes Reservoir, which will be en on the project are now in the Library of stand engineering principles and terms. I've larged to five times its present size. Congress. Mrs. Gale combines writing and learned reclamation jargon and the politics From Twin Lakes Reservoir, the water will homemaking with a part-time job doing in involved. Now "acre-feet" is a household be released through a series of powerplants stitutional research at Colorado Woman's word, and I can recite the project's legisla into the Arkansas River near Salida. From College in Denver.) tive history backward. this point, the water will flow in the river to "Southern California Needs Colorado But now the Fryingpan-Arkansa.s project, be impounded in Pueblo Reservoir, which will River Water." It was painted blue and instead of remaining a legislative case his be formed by the erection of Pueblo Dam glittering gold, and mounted over an arch tory, has become a priceless part of Colo across the river west of Pueblo. Pueblo way at the Los Angeles County Fair, in a rado's future. In 1962 it found its congres Reservoir will store 400,000 acre-feet of water. pavmon which housed a marvelous display sional approval-having been researched, This phase will involve relocation of about of the abundance to be found in southern changed, and planned by the Bureau of 20 miles of Denver & Rio Grande Railroad California. Reclamation people enough to satisfy west track, with a seventh powerplant to be lo I walked from building to building, ern Colorado interests and unify Colorado cated at Pueblo Dam. The new lake will through lush gardens planned by experts in its favoring of the project. Several sets have a 61-mile shoreline. and nurtured all year for this one home and of legislators had come and gone until the For most residents of Oolorado it is im garden show, viewing many varieties and right combination occurred, and the bill was possible to realize the great changes the mammoth examples of citrus and avocados, passed-all $170 m111ion worth of it. Fryingpan-Arkansas project will make in the cars and homes of the future. And I was What wm those mlllions buy? A series economic structure of the State, and the struck by a shocking comparison. of dams, tunnels, canals, reservoirs, power types of businesses which will be attracted to It was my first year in college away from plant--the ingredients of a new era in the area. Many of the towns in Colorado, home, and this was nothing like home. Our Colorado. which are now simply places to "go town had no palm trees, no orange groves; On July 19, 1964, ground was broken for through," will become attractive recreational our State fair exhibits were mostly sheep the first stage of the project, the construc areas. Pueblo, my hometown, will, upon and cattle, and dust. Our town was in tion of the •20-million Ruedi Dam and completion of the reservoir, have a high tour-· southern Colorado. Southern Colorado, I Reservoir, which is planned as a compensat 1st potential. decided, also needs Colorado River water. ing impoundment, to store 100,000 acre-feet Colorado, until recently, was not achiev I remembered the summer before, when of water for western Colorado's benefit. This ing the amount of progress which by rights we were allowed to irrigate our lawns every initial phase of the project, which will take it should enjoy as one of the States richest in other day. Some people even rustled water about 1,300 days to complete, ls the deciding natural resources and scenic beauty. To after dark, for their thirsty lawns. Shower factor which brought favor to the b111 ln Con day, it has a reputation of being a play baths were limited in some places, and air gress and consolidated Colorado's interest ground for the winter sportsman and a para coolers were outlawed. Cattle were dying in the project. It is also one of the major dise for the summer camper. But this does and ranchers and farmers were moving out. reasons for the rise of the estimated cost of not give enough atte:rition to the situation And noboby was moving in. the project since 1957. This cost includes of the year-round resident of Colorado- Each day through the mail I received copies the dam, a reservoir with 12 miles of shore who gives and gets all which ts his within of my hometown paper, the Pueblo Star line, relocation of many miles of county the State alone. Journal and Chieftain, rolled up the size of a roads, and buying rights-of-way. Working COLORADO'S APPEAL toothpick compared to that of the Los An continued during the winter to drill a tunnel We've heard western slogans containing geles Times. In it I read of the needs and so that a cofferdam can be erected this year romantic words and emotional appeal, but support for the project which would save to divert the Fryingpan River, to allow the we've know in the past that these could not the Arkansas Valley from its yearly classi erection of the permanent dam to begin this apply to us because of our desperate lack of fication as a disaster area. The Fryingpan spring. Ruedi Dam ls expected to be com water. Given Colorado's space and beauty, Arkansas project had for many years been pleted by February of 1968. given its strategic location as the real center the darling of countless organizations At this beginning, the Fryingpan-Arkansas of the United StMies, given its clear air and throughout southeastern Colorado and cer project, called by Interior Secretary Stew the ease of transportation within lts bound tain partisan legislators in Washington. art L. Udall "one of the greatest water aries, its relatively untapped labor resources What was this project with the unusual resource developments ever undertaken in and its enthusiastic, progressive business name? It was a multiple-purpose project the West," has already begun to employ men-given all these valuable factors, Colo which would supply supplemental water for workmen and in other ways benefit the rado's score would still be low without water. irrigation of crops-also municipal and in economy of the State. It is expected that the With water where needed, Colorado will dustrial water, generation and transmission project will require 5,000 man-years of labor emerge the important western State that tt of hydroelectric power, control of floods, pro alone. could be. vision for the preservation and propagation IMPACT OF RECREATION With more water for irrigation, Colorado of fish and wildlife, and creation of new rec The U.S. Forest Service has estimated that land now involved in farming will yield more reational opportunities in Colorado. The the development of recreational facillties in varied crops to feed the growing population Fryingpan-Arkansas project borrows its of the State. name from the Fryingpan River, a tributary the White River National Forest would cost of the Roaring Fork River, from which water approximately $1.4 million. These facllities With more municipal, domestic, and in will be diverted under the Continental Divide will include roads, trails, campgrounds, pic dustrial water available, new and long-term nic sites, docks and boat landings, parking industries will join the already established and into the Arkansas Valley in southeastern areas, tree a.nd shrub planting and grass Colorado. It is a name which stuck, and it and internally well-developed industries cur seeding, costs of which are nonreimbursable. rently enjoying the advantage of the large belonged to a project which stuck. The recreational impact area involves 182,- amount of undeveloped land in the State. FOR OR AGAINST 700 acres, 8,800 of which are now private New cities will emerge, and well-rooted cities For 30 yea.rs in Colorado, the Fryingpan land. Property values have begun to rise in Colorado will grow and improve in qual Arkansas project was something you were impressively. ity-rea.fllrming the faith of those who have May 21, 1965 CONGRESSIONAL RECORD - SENATE 11205 already invested in housing developments, In questioning Saxon's deputy, Justin tioned the integrity of the organizers of this apartment complexes, new schools, and shop Watson, Chairman McCLELLAN observed organization." ping centers. These were threatened with bluntly:. Mr. MUNDT."• ••Why did you have a pub being surpluses the already burdened State "• • • It appears first that you did not lic hearing?" could not afford to bear, before the certainty make any adequate examination or inquire Mr. WATSON. "We did not have a public of adequate water. into the character of these folks who were hearmg. However, in acknowledging the The Bureau of Reclamation has done its organizing this bank, and into the other letters of protest we did advise the protes part in honestly and accurately planning factors that ought to have been weighed and tants that the doors were open and that we and designing the most feasible project ·to considered, maybe, at the time the charter would be pleased to confer with them on the alleviate the Arkansas Valley's lack of water; was granted. merits of the application." the Congress has given its approval and ap "Number two, after the bank got in bad GRANTED OVER PROTEST propriation of funds; now it's up to Colorado condition, after you knew that it was under to plan wisely for the many benefits which suspicious management and after you had in Mr. MUNDT pointed out that the Comptrol will result from the project. formation of such transactions as have been ler's Office had held public hearings on only 12 The real key to the State's future develop brought to light here, you permitted the of 434 applications during Saxon's tenure. ment is to be found in such planning. Colo ban1t to go on and continue to operate until One of these, he pointed out, was a town in rado should be able to utilize the knowledge. January 22, 1965, is that right?" Missouri where 33 persons spoke in opposi There are examples of several areas within Mr. WATSON. "That is correct." tion to the charter, and one spoke in favor. our United States which have grown with Senator KARL MUNDT, Republican, of South The charter was granted 133 days after the out careful anticipation or coordination. Dakota, another member of the subcommit hearing. But we have the years be1'ore the Fryingpan tee, seconded McCLELLAN'S observations. A Federal grand jury in Denver ls looking Arkansas project will be complete; let us "! am especially disturbed by the delayed into the Brighton National case. Based on now plan ideal communities. reaction almost amounting to inaction itself information made public at the Senate sub The Fryingpan-Arkansas project is a val on the pa.rt of the responsible Washington committee hearing, there are at least three candidates for possible indictment: uable investm~nt in the future of Colo ado. officials after evidence concerning forgeries and counterfeit securities became known to James William Egan, the onetime insur them," MUNDT said. ance executive who took over control of "• • • There should be more diligence Brighton National after its charter applica THE BRIGHTON NATIONAL BANK and more energy and a tremendous a.mount tion was filed with the Comptroiler's Office. CASE of more promptness in dealing with situa Richard Murphy Horton, an ex-con tions of that kind. vict who mysteriously showed up in the Mr. DOMINICK. Mr. President, I ask "I think it is rather unconscionable that Denver area in the summer of 1963 and unanimous consent to have printed in so many months elapsed between the time began investing in small banks. the RECORD an article on the Brighton that the evidence became available and that Edgar Scott Flohr, a pal of Horton's at National Bank case. The article, action was forthcoming." San Quentin Prison and a man whom Hor ton said he introduced to Egan as one written by Bob Whearley, was published RESIGNATION RUMORED of the best "pen men" (counterfeiters) in on May 16 in the Denver Post. Saxon's resignation has been rumored for the country. There being no objection, the article several months. He still has a year and a was ordered to be printed in the RECORD, half to go on his 5-year appointment to the J'DTH AMENDMENT as follows: post, but there have been reports he will quit Egan and Horton took the 5th amend soon to take a position with a New York ment 78 times when they were called on BRIGHTON BANK CASE-QUIZ HINTS SHAKE bank; to do this, before the November 1966 to testify. However, Horton did make some UP OF COMPTROLLER STAFF expiration of his Comptroller's term, he comments. · (By Bob Whearley, Denver Post sta1f writer) would need special dispensation from his "• • • I feel that the entire onus of WASHINGTON.-Three moves appear likely superiors in the Treasury Department. this transaction has been placed on my in the wake of a Senate investigation of the Washington sources say it is likely that shoulders," he testified as the hearings drew Brighton National Ban1t scandal: dispensation would be cheerfully granted, in to a close Thursday afternoon. The resignation of James J. Saxon as U.S. view of the troubles which have plagued the "Certainly I am far from guiltless as I comptroller of the currency, .coupled with a Comptroller's Office. In addition to the have admitted here in your committee hear shakeup in the comptroller's staff. Brighton scandal, the office recently has ings. Certainly I do not consider myself Introduction of legislation to tighten na drawn heat because of bank closings in San a motivating force here, an evil genius be tional bank chartering procedures and regu Francisco, and elsewhere, and because of its hind these transactions. I had no control lation of those banks. widely publicized feuds with other Federal over the Brighton bank at any point, and CrimtnaJ indictment of three or more of agencies. never have had." the fast-buck artists involved in the tangle WOULD ELIMINATE OFFICE The full details of what happened at of counterfeit securities and forged notes Representative WRIGHT PATMAN, Democrat, Brighton National may never be known, that marked the Brighton scheme. of Texas, doesn't want to wait for resigna but this much was placed on the public rec For 3 weeks, Sena.tor JOHN McCLELLAN'S tion. He proposes a bUI to eliminate the ord at the subcommittee hearing: permanent investigations subcommittee Comptroller's job, and reorganize Federal Egan, whose insurance firm had been heard testimony detailing the rise and mil bank-regulatory agencies·. tainted by association with Chicago mob lion-dollar fall of Brighton National. Senaitor PETER DOMINICK, Republican, of sters, got into the Brighton National "by the Most of the testimony was taken behind Colorado, is expected to introduce legisla back door"-through a secret agreement wiith closed doors, ostensibly to protect the image tion in the Senate aimed at providing judi the organ!Y.ers to take over their stock. of "live" ban1ts that at one time had been cial review of Comptroller's decisions on new DENVER BANK PLAN involved with the Brighton promoters. charters. Up till now, the Comptroller's de Originally, according to Watson, Egan But there was more to it than that, some cision on who does or doesn't get a charter ls planned to go into the 17th Street National witnesses complained bitterly in the hallway final. Bank wi·th Earl Kramer, "but at the time of outside the hearing room. The secrecy, they Saxon's judgment in determining who the filing he suffered a heart attack and said, also kept off the public record all but gets charters came under fire during the subsequently withdrew from the group." the briefest mention of a live politician, for public hearings. (Kramer went ahead with the bank appli mer Governor Steve McNichols. Mr. MUNDT asked Watson if there were any cation and became its president. He stepped McNichols is president of 17th Street Na other applications for national bank charters down as president last winter in favor of tional BanJt, which 2 years ago loaned in the Brighton area in early 1963, when the McNichols.) $448,000 in the Brighton National's organiz Brighton National application was pending. Brighton National was financed by 17th ers-a loan reportedly made over the ob ANOTHER APPLICATION Street National. Brighton National then jections of McNichols, who at that time was Watson said an application was filed SO went on a dizzying spree of granting loans vice president of the be.nk. days later by Alonzo Petteys & Associates based on forged notes and dealing in coun He also is Democratic national committee of Sterling, Colo. terfeit securlties---reportedly supplied by man for Colorado, and a friend of Saxon. Mr. MUNDT. "I understand he is a very re Horton and Flohr. Because of these things, McNlchols has sponsible banker." Its principals tried to buy other banks, been the target of a whispering campaign, Mr. WATSON. "Yes, he is. We have a very in Colorado and in Missouri, but were forced of oblique accusations of guilt-by-associa high regard for Mr. Petteys." to retreat when their manipulations were dis tion and of influence peddling. Mr. MUNDT. "Did you see any letters of pro covered. But if McNichols ls embarrassed, Saxon test warning you to check into this new CLOSED JANUARY 22 has reason to be mortified. banking outfit (the Brighton National Brighton National was permitted to con Throughout last week's public hearings, group)?" tinue in business, even after the comptroller's Senators repeatedly rapped the Comptroller,s Mr. WATSON. "There were letters of protest, office had knowledge, in McCLELLAN'S words, office for allowing Brighton National to re but the protests were based mainly on the that its loan portfolio "was replete with bad main in operation long after it learned some convenience and need factor. To my knowl loans, secured in part with counterfeit se thing was fishy. edge, there were no protests which ques- curities." 11206 CONGRESSIONAL RECORD- SENATE May 21, 1965 It finally was closed January 22 after tion's youngsters, but, more impor I ask unanimous consent that the the Federal Deposit Insurance Corporation tantly. for the competitive spirit in in Martinsburg Journal editorial be inserted threatened to withdraw its insurance cover tellectual endeavors which it aroused in age of deposits. in the RECORD at this point. Perhaps the most significant comment many students of our earlier days. Without objection, it was ordered to made during the public hearings was by Rob I speak from personal experience in be placed in the RECORD as follows: ert L. McGee, a Denver certified public ac saying this, for I first entered public PASSING OF ONE-ROOM SCHOOL countant who told the subcommittee he had school in a two-room schoolhouse at · A brief news note the other day out of been duped into certifying a false statement Algonquin, Mercer County. W. Va. Moundsville reported that the last one-room on the condition of one of the dummy com There, in two rooms, all grades were school in West Virginia has now been closed. panies that figured in the scheme. taught, with studen~ranging from 6 Naturally, this is.progress and we certainly MUNDT asked him when he thought the years of age upward-listening in on all would not advocate a return to one-room bank should have been closed. schools but this "death notice" struck some McGee, sadder but wiser, didn't hesitate: the lessons. The longing to be among the students of the "upper grades" in thing of a note of sadness as the pa$sing "I will say this much. I think the bank forever of a form of the American way of should have been closed before it opened." spired me, as I am sure it has inspired life. There ls no doubt that the one-room many American students in similar one school was inefficient and did not offer the room and two-room schools, to struggle specialized and full training now afforded by GOLDEN ANNIVERSARY THE to advance more rapidly. the consolidated schools we find everywhere MUEHLEBACH HOTEL The competitive urge to learn was but the one-room school did turn out many Mr. SYMINGTON. Mr. President, carefully cultivated in my little two-room millions of good, strong and intelligent one of America's finest and best known school. I remember very well the intense Americans who would not otherwise have competition between spelling teams on been educated. hotels, the Muehlebach of Kansas City, The public school system amounted to this week celebrates the golden anni Friday afternoons. Those matches were little or nothing until after the Civil War, versary of its opening on May 17, 1915. the highlight of each week of study. The just a century ago, because before that time This great hotel not only has a rich teacher would select two leaders for the the best elementary education was provided tradition of fine hospitality and service particular match, and they, in turn, by private schools or by individual tutors. far above the average; it also has a rich would alternate in selecting members to Berkeley County got lts first public school history in the guests it has housed. be on their individual teams. Naturally, in 1866, the structure that now forms the On May 30, 1916, the Kansas City Star the older students were most often basis for the present John Street School. chosen first, as they would be more fre For a number of years thereafter the private reported: schools continued their domination but grad Theodore Roosevelt arrived in Kansas City quently better spellers. However, the ually tax-supported facllities began to spring this morning and was greeted by a throng at competition was really spirited, and being up here and there with the one-room school Union Station and along the streets on able to spell well was a goal highly to be dominating in the rural independent school his way to the Muehlebach Hotel. He re sought. districts which continued in operation until viewed a group of Boy Scouts at the station The desire to excel in mathematics was the county unit system was instituted in plaza an d m ade brief speeches rut the hotel· also cultivated in the students through West Virginia in 1934, this action bein g pre and to the crowd outside. "adding" matches. Too, from the time I cipitated by passage of the State t ax limita entered my first year in school I wanted tion amendment to the constitution which Through the years it has been host drastically reduced the availability of ade also to William Howard Taft, Woodrow to read more and more. During that quate funds for these local units. In many Wilson, Warren G. Harding, Calvin first year, I passed through the primer ways, this was a good thing because it Coolidge, Herbert Hoover, Harry S. Tru and the first and second grades. My first brought people closer together and made man, Dwight D. Eisenhower, John F. primer was all about "Baby Ray," and I possible the employment of better qualified Kennedy, and Lyndon B. Johnson. studied through it the first 2 weeks I and more specialized teachers for the various was in school. At the beginning of my grades on the elementary level and for the Within 1 month, its presidential suite different subjects on the secondary level. served two Presidents: Truman of the 3d year in school, I entered the 4th grade and succeeded in moving on through the Even with the county unit , the county United States and Miguel Aleman of school board could not provide sUffi.cient op Mexico. 5th grade during that same year. erational funds with t h e result the State During the Truman administration, ·I recall very clearly how one of these government h ad to step in and assist. This the Hotel Muehlebach was the temporary promotions took place. I insisted, at the has now reached the point where more than White House when the President came time, that my foster father buy me a half the money for local schools comes from home to Missouri. In a quiet stroke of geography book, "like the big boys and Charleston (after being extracted from tax the pen, in the Muehlebach presidential girls have to study from," because I liked payers here at home). The next phase, go geography, because I like that particular ing all the way to Washington for money suite, President Truman signed the bill (likewise after being first extracted here at to provide aid to Greece and Turkey and book, and that was what I wanted to home), is now upon us. introduced a new concept of interna study. I was so persistent that he bought Just as we no longer have the horse and tional understanding. the book for me. I seein to recall that it buggy and many other items of the past, so And there were times of ovation. In was Frye's Geography, but I may be has the one-room school died but it will this same hotel, in November 1944, mistaken. I then took it to school and long be remembered as a fine training center Harry Truman heard that he had been insisted that the teacher move me for of its day and as a point of localized com elected Vice President--and in Novem ward into the group studying that book munity pride. We are now in an era where because that was what I simply felt I had "bigness" seems to be the thing and it cer ber 1948, that Thomas E. Dewey had tainly has more advantages but something conceded the election for President. to do. fine has been lost as "the little red school After this election was assured, the Presi I succeeded in being given the oppor house" becomes extinct. dent from Missouri made his first public tunity, and I succeeded in moving on up comment from the 11th fioor of the with the older students. Hotel Muehlebach. Now the last one-room school in West RELIEF DOLLARS-PLUS JOBS It is a pleasure to congratulate the Virginia is closed and, in realization of Muehlebach and its management, the the advancing time and the advancing Mr. BYRD of West Virginia. Mr. "Inn at the Crossroads" for its first 50 educational needs of our coming gen President, I wish tO insert in the RECORD years, and wish it well in its second half erations, the State has programed $35 at this point an editorial from the May 17 century. million in State aid over the next 3 years edition of the Washington Evening Star. to help elevate West Virginia's primary The editorial, titled "Relief Dollars- and secondary education to a higher Plus Jobs," hits the nail right on the THE ONE-ROOM SCHOOL level. head. Mr. BYRD of West Virginia. Mr. The one-room school has given way to There being no objection, the editorial President, an editorial in the Saturday, more sophisticated and efficient facilities. was ordered to be printed as fallows: May 15, edition of the Martinsburg, W. However, it is my hope that the thirst REJ,.IEF DOLLAR&-PLUS JOBS Va., Journal on the passing of the one to learn more and more, and the urge to . As a result of efforts by the newly formed room school made me !eel quite nostalgic, excel while doing so, will somehow be District of Columbia Coalition of Conscience not so much for the return of that revived and will remain an integral part and of a bill by Senator RmxcoFF, there has limited institution for schooling our Na- of our educational system. been increasing pressure to give District wel- May 21, 1965 CONGRESSIONAL RECORD - SENATE ... 11207 fare payments to unemployed parents. On EXECUTIVE SESSION ly, cooperative; and helpful to all Sen~ the other side of the fence, Senator BYRD of tors as any man could be. West Virginia ls as unyielding as ever in his Mr. ' HART. Mr. President, I ask I have particular reason to call him my oppositiOn to such a change. unanimous consent that the Senate pro personal friend. On this occasion, I In the meantime, the Federal antipoverty ceed to consider executive business. program has introduced an entirely new merely wish to spread on the RECORD my The ACTING PRESIDENT pro tem own enthusiastic approval of a fine element into this controversy. The new ele pore. Is there objection? ment, if given a chance, might in time pro There being no objection, the Senate American, a good family man, an able vide an answer to the dlspute--and in a more lawyer, and a devoted public servant. I construj::tlve manner than any prevlo'lls pro proceeded to the consideration of execu wish him Godspeed in his new ofllcial posal. tive business. labors, and thereafter a long life of hap For the local welfare department actually piness for his family and himself. is slated within the next few months, quite EXECUTIVE MESSAGE REFERRED Hal, warmest congratulations; and apart from the Coalition of Conscience and please, on occasion, return to this Cham Senator BYRD, to receive about $2 mllllon The ACTING .PRESIDENT pro tem from the Ofilce of Economic Opportunity to ber, so that we may compare notes. , set up another kind of aid to unemployed pore laid before the Senate a message Mr. HART. Mr. President, I was de parents. These dollars need not clear Sena from the President of the United States lighted to heai; the distinguished minor tor BYRD'S subcommittee. They require no submitting the nomination of Thomas ity whip express his high regard for m~.l local matching money. They are an outright C. Mann, of Texas, to be U.S. Alternate Beaton and his delight that the Senate is grant. Governor of the International Monetary about tO confirm his nomination as U.S. Their major purpose it to train unem- Fund and U.S. Alternate Governor of • ployed parents, and to help them, after attorney for the western district of the International Bank for Reconstruc Michigan. I shall add only a solid training, to get Jobs. During the training tion and Development, which nomina period, moreover, part of these funds also "Amen" to everything that the Senator can be used to feed, clothe, and house their tion was referred to the Committee on from California said. families. This approach ls consistent with Foreign Relations. I know that from his years of service, the philosophy of the President's antipoverty The ACTING PRESIDENT pro tem not alone with Senator McNAMARA, but program. And it is surely superior to one pore. If there ·be no reports of commit also many other Members of the Senate, which merely provides subsd.stence, while tees, the clerk will state the nominations there is no doubt in the mind of any of doing little or nothing to correct the status on the executive calendar. of dependency. us that Hal Beaton will perform with the To be sure, under the traditional form of same distinction in hi~ new position that aid to children of unemployed parents, it is FOREIGN CLAIMS SETTLEMENT has characterized his performance here. presumed that the jobless parents must ac With the Senator from California [Mr. cept jobs which are available and which they COMMISSION - A NOMINATION KUCHEL], I wish him all good things. are qualified to fill. But a big part of the PASSED OVER Incidentally, he is succeeding to a problem is that many of these unemployed The Chief Clerk read the nomination post which was held by another able man, parents actually are not qualified for jobs. And under the traditional approach it is as of LaVern Dilweg, of Wisconsin, to be a George Hill, who has returned to private sumed that very little can be done about the member of the Foreign Claims Settle practice. resulting dilemma. ment Commission of the United States _Mr. President, with. the exception of This is precisely the deficiency, however, at for a term of 3 years from October 22, Calendar No. 377, James E. Doyle, of Wis which the OEO program is aimed. Welfare 1964. consin, I ask that the nominations in the Director Brewer says he inten ds to direct the Mr. HART. I ask that the nomina Department of Justice be considered en project specifically toward the "hard core" tion be passed over, Mr. President. bloc. unemployed-those who lack the ability or experience employers want. This will not be ·The ACTING PRESIDENT pro tem The PRESIDING OFFICER Canada has developed hydroelectric power in They submitted other proposed projects HEARINGS BEFORE SPECIAL MASTER COMPLETED the Long Lake-Ogaki area in Canada and is with capital costs amounting to more than The reception of all evidence before Spe again credited with this 5,000 cubic feet per $200 million exclusive of a possible separate cial Master Albert B. Maris was completed second additional flow at Niagara Falls, over system of our present combined local sewer at the hearing at Chicago on July 11, 1963, and above the amount the United States is system, which carries both sewage and storm after a series of hearings over practically a entitled to use under the 1950 Niagara River fiow, which could probably cost $2 billion, or . 4-year period. Approximately 30,000 pages Treaty. · more. of transcript were required, and 1,500 exhib II. PRESENT LITIGATION The Lake States offered evidence showing its were introduced in evidence by the The present litigation was not initiated that a diversion at Chicago of 1,000 cubic parties. by the sanitary district and the State of Illi feet per second produces an annual hydro SUMMARY nois seeking to secure an increase in diver electric power loss ait Niagara Falls and in The concept of the sanitary district of re sion as is sometimes erroneously reported. the St. Lawrence of about $1,950,000; naviga versing the flow of the Chicago River to The facts are that in December 1957 the tion loss varying from $900,000 to $4 million handle Chicago's wastes by means of thb Lake States applied to the U.S. Supreme annually and damages to recreational facili drainage canal, supplemented by vast sew Court for a reopening of the decree of 1930 ties, industrial and municipal water intakes age treatment plants, is one of the very roots alleging that conditions had changed, there and wildlife habitats. ' of Chicago's greatness. The men of vision by necessitating an amendment. The sani (b) Evidence of Illinois and sanitary district who devised these feats, and put them in tary district and the State of Illinois opposed On May 7, 1962, we started the presentation operation, are entitled to a major share of the application on the grounds that no the credit for the present magnitude of Chi actual changed conditions were alleged. The of our defense case in Chief. Our counter proof to the Lake States evidence is to the cago's industrial complex. This entire sys United States, as amicus curiae, through its tem is now in danger of being so restricted Solicitor General, joined in our recommenda effect that the hydroelectric loss does not exceed $500,000 per year a..."'1.d the same pos that its effectiveness in keeping Lake Mich tion for dismissal of the application. .The igan, our source of drinking water supply Supreme Court, in 1958, held that the ap sible ·loss of $500,000 may be suffered by :i:avigation interests although such loss is pure, would be drastically reduced. plication as presented by the Lake States The Chicago Association of Commerce and did not show definite instances of condi not capable of actual measurement. To avoid any possible navigation loss which Industry have cooperated most effectively tions having clianged since the decree of 1930 and assisted in making studies showing the and therefore denied the application as would allegedly result from our diversion effects of reducing diversion. Their special urged by the Solicitor General, the sanitary at Chicago lowering lake levels, and in order committee on lake diversion has made a district, and the State of Illinois. to raise the levels. of Lakes Michigan, Huron, and Erie, we presented, at the hearings in most notable contribution to our common In 1958, the Lake States filed, an a.mended cause. petition with the Supreme Court of the January at Niagara Falls, plans for the con The sanitary district has been formally United States for a reopening and amend struction of compensating works in the St. Clair and Niagara Rivers. Similar proposals joined by the city of Chicago who are rep ~ent of the decree of April 21, 1930, and resented by very able special counsel as is alleged specific instances of . damages both had 'been heretofore approved by amend the State of Illinois. Both have actively existing and prospective. The Solicitor ment to our Sanitary District Act in 1921 participated with the sanitary district in all General, again as amicus curiae, agreed with (ch. 42, par. 346); were considered at the of the hearings and presented expert witness our contentions that no basis for modifica original lake diversion hearings of 1927 and es on those particular phases of their ef tion of the 1930 decree had been presented in 1929; were reported in 1957 in Senate Docu fected fields. the amended petition, but recommended the ment 28 (par. 91) and have repeatedly, pre viously and subsequently, been favorably The sanitary district has been represented Court should appoint a special master to by our Special Counsel Thomas M. Thomas supervise a study of the problems. The considered by the Army Corps of Engineers. and Bernard F. Steward, Attorney George A. amended petition was granted by the Su We have presented substantial evidence Lane and Head Assistant Attorney Lawrence preme Court on June 29, 1959, and the matter from recognized outstanding authorities that J. Fenlon. Chief Engineer Norval E. Ander was referred to Special Master Albert B. the emptying of sewage efil.uent into Lake son has boon the district's liaison on engi Maris for hearings. Michigan as urged by the Lake States, would neering phases. One of our special counsel, The substantial objective of the Lake constitute a serious health hazard; would Joseph H. Pleck, died during the trial of the States in the hearings has been directed to result in the creation of· excessive algae and case. securing a reduction in the authorized direct weed growths; add to filtration costs and The State of Illinois has been represented diversion from 1,500 cubic feet per second to virtually destroy our beautiful lakefront by Attorney General William G. Clark, and approximately 300 cubic feet per second and bathing beaches, a pleasure no other major Special Counsel George J. Schaller and John having 750 cubic feet per second of our sew city on the Great Lakes enjoys. J. Cassidy, Jr. age treatment efil.uent emptied into Lake Our witnesses have also testified that in The city of Chicago is represented by Michigan. dustry, such as Commonwealth Edison Corporation Counsel John Melaniphy, Assist The United States was thereafter granted Co. and others who use the waters of ant Corporation Counsel Ernst Buehler, and permission to file as an intervenor and has the canal for cooling purposes and returned Special Counsel Leo F. Tierney, Robert L. participated in the hearings. when so used, will suffer losses running into Stern, Miles G. Seeley, and ·wnuam M. Dick more than $100 million. llI. STATUS OJ' PRESENT HEARINGS son. (a) Evidence of Lake States ( c) Evidence of Federal Government All of the counsel and engineers repre senting the sanitary district, the State of In May 1962 the Lake States finished the The Federal Government, as an Intervenor, presented evidence through the U.S. Depart Illinois, and the city of Chicago, have devoted presentation of their case after 29 months untiringly af their time and their very of hearings, utilizing more than 100 wit ment of Health, Education, and Welfare, as to certain special studies they made as to great abilities. Our cause has been entrusted nesses and over 700 exhibits, requiring 17,000 to exceptionally capable hands and our posi pages of transcript. the conditions at Lake Michigan, and on the Illinois Waterway. The witnesses for the tion presented in a very efficient and telling Hearings during this period and inspec manner. tion and observation trips },lave been taken Government testified that the quality of the water at Lake Michigan, at the south basin, The main objective of the Lake States in by the special master and by counsel and seeking to change the U.S. Supreme Court engineers at Niagara Falls, N.Y.; Massena, would be seriously affected and contami nated. They concluded- decree of 1930 by requiring the sanitary dis N.Y.; Cleveland, Ohio; Detroit, Mich.; Sault trict to empty its sewage treatment emuent Sainte Marie, Mich.; Duluth, Minn.; Superior, "That it would not be in the best interest of the public health in the use of the lake into Lake Michigan at Chicago, we consider Wis.; Silver Bay, Minn., and particularly nu as an · unthinkable action sought by con merous hearings at Chicago, Ill., including for water supply and recreation; the damage to the water quality of Lake Michigan from scienceless interests. We cannot conceive inspection of our West-Southwest, Calumet, that they will finally be successful in that ob and North Side sewage treatment works, the discharge of sewage treated efil.uent over and extended period would be great; and jective before the Supreme Court of the and boat inspections of the Chicago River, United States. main channel, Lockport Dam- a.J;l.d power future uses of Lake Michigan would be lim house, and Calumet Sag Channel. ited. Furthermore, the damage, once, initi PROJECTED TIME FOR ULTIMATE DECISION Among the I]lany projects urged · by the ated, would not be terminated by the cessa Counsel for the various Lake States, the Lake States for the sanitary district to con tion of the discharge of the waste causing Federal Government and of the sanitary dis struct, in order to reduce the amount of di that damage." trict, city of Chicago and State of Illinois, will version from Lake Michigan by 750 cubic Their witnesses further testified: now prepare for proposed recommendations feet per second, included a project to empty "The return of sewage effluent to Lake as to findings of fact and · of law to Special the efiluent from our West-Southwest sew Michigan would change Chicago's water Master Albert B. Maris. It is expected that age treatment plant into Lake Michigan at source into an unprotected and at least in the special master's report will be submitted a point 6 miles offshore at Chicago to con termittently contaminated one. Chicago to the Supreme Court of the United States sist of a tunnel 13 miles in length, the con would lose this highly desirable asset and within a year. Thereafter, following subse struction and equipment cost were esti would be faced with the problems of those quent submission of briefs and oral argu mated to be approximately $90 million, with cities that must take their water from con ments before the Supreme Court, its final an annual operating cost of $600,000. taminated sources." decision would be made within probably 18 11212 CONGRESSIONAL RECORD- SENATE May 21, 1965 months to 2 years after receiving the special FOREIGN CLAIMS SETI'LEMENT ORDER OF BUSINESS master's report, and such final decision prob COMMISSION Mr. STENNIS. Mr. President, for the ably would be late in 1965 or early in 1966. The legislative clerk read the nomina purpase of insertions and remarks and Mr. DIRKSEN. Mr. President, bills tion of La.Vern R. Dilweg, of Wisconsin, brief comments, I ask unanimous con were introduced in the 83d through the to be a member of the Foreign Claims sent that I may yield to the Senator from 86th Congress that, if enacted, would Settlement Commission. Pennsylvania [Mr. CLARK] without los have increased the diversion of water Mr. NELSON. Mr. President, Mr. La ing my right to the fioor. from Lake Michigan into the Illinois vern R. Dilweg is a former Representa The PRESIDING OFFICER. Is there Waterway, and very extensive hearings tive in Congress, and a very distin objection? Without objection, it is so were held on these legislative proposals guished citizen of the State of Wisconsin. ordered. both in the Senate and the House. Twice Mr. Dilweg has served for several years Mr. CLARK.· I thank the Senator from Congress passed legislation directing the on the Foreign Claims Settlement Com Mississippi for his unfailing courtesy. diversion of additional water from Lake mission. The President has sent his Michigan, and twice it was vetoed by . nomination to the Senate. The nomina LATIN AMERICAN COMMON the President based on the strong op tion has been approved. MARKET Position of representatives of the other I ask confirmation of the appointment. Great Lake States. Mr. CLARK. Mr. President, one of the The PRESIDING OFFICER. Without most constructive recent moves of the In 1957 the corps of Engineers, at the objection, the nomination is c.onfirmed. request of the Bureau of the Budget, Johnson administration has been the made a comprehensive technical study President's off er of support to set up a of the effects of an additional diversion DEPARTMENT OF JUSTICE Latin American common market pat terned after the European Economic of water from Lake Michigan. The facts The legislative clerk read the nomi gathered by more than 150 experts in a Community. nation of James E. Doyle, of Wisconsin, Economic stability is one of the great dozen scientific fields who participated to be U.S. district judge for the western in the massive research project are to needs for the success of the Alianza district of Wisconsin. para Progreso in all of the hemisphere be commended for their excellent study Mr. NELSON. Mr. President, the of the problem. The report constitutes south of our border. President nominated Mr. James E. Doyle, One of the best ways to assure that impressive evidence favoring Chicago's of Madison, Wis., to be a district judge PoSition. stability and maintain that part of the for the western district of Wisconsin. world in the cause of freedom is to create Six States sued in the U.S. Supreme Mr. Doyle is a distinguished and prom a new common market which will have Court several years ago in an effort to inent lawyer, having graduated from the the certain effect of stabilizing and bol force Chicago to return to Lake Michigan University of Wisconsin. He practices stering the economy of the entire region. all of the water it receives from the lake in Wisconsin with the law firm of La The Erie, Pa., Times published on which is still before the Court. .These Follette, Sinykin, Doyle, and Anderson. April 22 of this year a splendid editorial Lake States contend that they suffer eco Mr. Doyle served as a law clerk at one nomic damage by the diversion. entitled "New Common Market," com time for Justice Byrnes of the U.S. Su mending the Johnson administration for If the sanitary district is forced to pour preme Court. He has a fine and distin this wise proposal. millions of tons of emuent into the lake guished. record as a lawyer and commu I ask unanimous consent that a copy instead of flushing it downstream it nity leader, and is past president of the of the editorial may be printed at this would then pase the question of Chicago's Dane County bar in our State. point in the RECORD as a part of my inability to change its present disposal I believe Mr. Doyle has the almost remarks. system. unanimous approval of everyone across There being no objection, the editorial From the beginning, it has seemed the political spectrum of our State. was ordered to be printed in the RECORD, abundantly clear that this reversal of the Mr. President, I ask for confirmation as follows: emuent would be folly in terms of public of the nomination. [From the Erie (Pa.) Times, Apr. 22, 1965] health, coming at a time when the Nation Mr. RUSSELL of South Carolina. Mr. is spending millions to combat pollution. NEW COMMON MARKET President, will the Senator yield? Johnson administration officials have Furthermore, if Chicago returned its Mr. NELSON. I yield. quickly-and wisely--o:ffered preliminary diluted sewage to the lake, it would pro Mr. RUSSELL of South Carolina. Mr. support to a move to set up a Latin America duce giant islands of sludge which would President, I knew Mr. Doyle when he was common market patterned on the European drift toward the beaches and cluster law clerk for Mr. Justice Byrnes. I have Economic Community. around drinking water intakes menac fallowed his career since. While I do not While it's premature to discuss the U.S. ing the health of over 3 '12 million people. role in the proposed new market, anything agree with all of his political thinking, that would help to stabilize economic condi I have considerable information in my nevertheless, I do wish to say from my tions in Latin America is certainly in U.S. office dealing with this subject, which observation and knowledge of Mr. Doyle, interests. was accumulated over the years, and that he is a lawyer of outstanding ability Basically, the 20 Republics of Latin Amer after reading this excellent document I and he is a man of the highest integrity, ica are predominately one-crop countries. must confess that my own knowledge has character, and deep conviction. I am In many, a single commodity constitutes 70 percent of exports and the main source of been greatly enhanced. sure he will adorn the Federal bench with exchange for industrial goods. (Mr. STENNIS obtained the fioor.) great distinction to himself and to those Partly because of fluctuation in world com Mr. STENNIS. Mr. President, I ask who have honored him with this ap modity prices, this has resulted in continual unanimous consent that I may yield to pointment. I endorse the nomination. adverse trade balances in all but a few of the the Senator from Wisconsin without Mr. NELSON. I thank the Senator. hemisphere countries. losing my right to the fioor. I know of his friendship with James The Latin countries have also been ham Doyle. I agree with his evaluation of pered in achieving a sound economic base The PRESIDING OFFICER. Without his qualities. I am perfectly confident because of a tendency to base their industrial objection, it is so ordered. development more on prestige value than on that in ·a short period of time and in a economic realities. The New York Times re few years he will be recognized as one cently observed, of the Latin AM.erican na of the great Federal judges. tions, that "to have a steel industry is to EXECUTIVE SESSION The PRESIDING OFFICER. The have a badge of honor." The result ls that question is, Will the Senate advise and seven Latin countries have steel industries, Mr. NELSON. Mr. President, I ask most of which are uneconomical. unanimous consent that the Senate re consent to this nomination? Finally, and a common market would solve turn to executive session to consider two The nomination was confirmed. this problem, Latin America has traditionally nominations. relied on the United States, Europe and Japan The PRESIDING OFFICER. Is there for bulk of its trade. Trade an:ong the in LEGISLATIVE SESSION dividual republics has been hampered by un objection? The Chair hears none, and it realistic tariffs. is so ordered. The PRESIDING OFFICER. Without steps to eliminate some of these stumbling The Senate proceeded to the consider objection, the Senate will resume the blocks could go a long way toward improving ation of executive business. consideration of legislative business. hemisphere stabillty. May 21, 1965 CONGRESSIONAL RECORD- SENATE 11213 COMMUNITY OF ROXBOROUGH, PA. Then the amendment concerning Policy and administrative policy. The Mr. CLARK. Mr. President, turning the English language literacy require finest and most effective protec~ion briefiy to another subject, the commu ment of the State of New York was pre against hastily discussed legislation on nity of Roxborough, Pa., located in the sented. So far as I know, that amend special interest legislation has been the northwest portion of the city of Phila ment was not presented to the commit U.S. Senate. Here, many unwise pro delphia, on a hill just south of the tee, there was no discussion of it before posals have died. Often, passage of these Schuylkill River, has been one of the the committee, and there was no dis proposals has been prevented by the rev communities which has contributed for cussion of it in the RECORD. At any rate, elation of their true features in the 275 years to making the Philadelphia it was another, new, major, far-reaching full and free debate on the floor of the community what it is. On the anni feature of the b111. By adopting it, the Senate. versary of. its founding 275 years ago, a Senate has made a total departure from If cloture is invoked on this occasion, local newspaper, the Review, has pub the original concept of the bill, going we reinforce the contention that con lished a memorial edition. The news far afield and beyond the concept of stitutional principles can be abolished paper contains a most interesting study what the bill originally contained. By by closing the door on any opportunity of the various prominent features of the adding the amendment, the Senate has to expose the danger of their loss to our Roxborough community, an essay on the made a frank admission that the 15th people. Regardless of the alleged need, Ridge Road, the principal highway going amendment concept upon which the vot there can be no justification for stifling through the area, a story about the horse ing bill is said to be founded has been debate when the Constitution of the car days, the stagecoach days, and road completely abandoned, certainly so far United States is in the balance. side inns. as that amendment is concerned. With Mr. President, in piain and simple this feature added to the bill, we now language, this is a bad bill. It proposes The editors of the Review have given have a totally new proposal. Yet the that which is far beyond the power of a fine history of the splendid part which amendment is adopted one day, and a Congress to enact under the 15th amend Roxborough has played not only in the cloture motion is filed the next. If clo ment or any other provision of the Con history of the city of Philadelphia but ture is voted, each Senator will have only stitution. It violates many principles of the Commonwealth of Pennsylvania 1 hour in which to make his arguments our system of law and of Government, itself. on the real merits of a proposal that is and it would deny to certain States their as far-reaching as any we have consid constitutional rights under the guise of VOTING RIGHTS ACT OF 1965 ered in the 17 years I have been in the protecting other rights. Evidence Senate. There are many proposions of abounds that it was drawn in haste and The Senate resumed the consideration the bill as it now stands that have not under extreme emotional pressure. It of the bill (S. 1564) to enforce the 15th been adequately presented to the Sen has been written and rewritten several amendment to the Constitution of the ate. times. There were occasions during this United States. I read a responsible press report last confusion when even some of its sponsors Mr. STENNIS. Mr. President, I re night that the proponents of the bill admitted that it included some provi gret exceedingly that my colleagues have have been astounded that some of the sions, or excluded others, contrary to seen fit to file a cloture motion in which major provisions of the bill have not their understanding. It adjudges some it is sought to cut off debate on this im been voted out of the bill. That fact areas of our Nation guilty, without trial portant measure. Considering the mag itself, with all deference, refiects an at or any judicial determination, on the nitude of the bill, there has been insuf titude, a sentiment, an atmosphere, basis of an arbitrary statistical finding ficient time to deal with its major pro whereby, for some reason, we are just which has no relation whatever to the visions. The amendment which was not able to get down to the real merits enforcement of the 15th amendment. adopted yesterday goes into another field and a spirit of deliberation to consider Still, we are told that we must enact and requires special preparation to fully the weight and logic and meaning of this bill, swiftly and without change or discuss the new matters that Congress the provisions as measured by the Con even full debate, because there is a great would be considering in the area of stitution of the United States. need for new voting legislation. But voting qualifications. We must be care But there is a more disturbing aspect need is not the test of constitutionality, ful to see that we do not pass a law which to the hasty invoking of cloture and the and great social, economic, or political Congress has no power to enact with cutoff of debate. Since the cloture rule crises do not provide legislative authority respect to the State of New York or any was established in 1917, there have been not granted by the Constitution. State. 30 votes on motions to terminate debate Over the weekend, pressure will be Preparation upon an amendment like and cloture has been invoked on 6 imposed, and I hope that Senators will that cannot be made quickly. In fact, occasions. Until cloture was invoked in resist it so that we can defeat cloture on I am not prepared to speak on that phase 1962, the Senate had been gagged only Tuesday and have a more deliberate, of the bill as it is today. four times in 43 years. Yet, since 1962 more logical, and more effective debate. The bill as introduced contalned no debate has been cut off twice in 2 years, Mr. President, I yield the floor. provision regarding the abolition of the and it is now proposed to do so for a poll tax. Therefore, the testimony that third time in 3 years. was presented to the committee was di Aside from the matter of civil rights IMPROVEMENT OF PROCEDURES OF rected to other provisions of the bill. legislation, many great dangers lie in the THE U.S. CONGRESS Most of the arguments prepared for de frequent and habitual · invoking of Mr. KUCHEL. Mr. President- bate on the floor by those of us in op cloture. . Once it has been established The PRESIDING OFFICER (Mr. position to the bill were directed against that this rule can be easily suspended MONDALE in the chair) . The Senator provisions in the bill other than the poll at the whim or urging o~ a particular from California is recognized. tax. Yet, when the com~ttee reported pressure group, the protection that the Mr. KUCHEL. Mr. President, yester the bill, it contained a provision com Senate offers to constitutional govern day I was privileged to appear before the pletely abolishing the poll tax. Thus, ment and to responsible and sound man Joint Committee on the Organization of an entirely different issue, of far-reach agement of our Government will have Congress and I ask unanimous consent to ing implications, was presented for the been destroyed, or its effectiveness greatly have the comments I made at that time first time. impaired. printed in full in the RECORD. The proponents of the poll tax feature For many years I have watched with There being no objection, the com took several days, and properly so, to growing concern the development of ments were ordered to be printed in the present their arguments. The opponents various blocs that wield great political RECORD, as follows: then answered those arguments. A vote influence, not only in special legislation IMPROVING THE PROCEDURES OF THE U.S. was taken; and the amendment was de but also in general legislation. These CONGRESS feated. Before we could really get into blocs are a serious threat to our form of (Statement by U.S. Senator THOMAS H. the other, major phases of the bill, a government. This threat grows from KUCHEL before the Joint Committee on the modified poll tax provision was pre year to year. These groups already have Organization of Congress, Old Supreme sented. Debate on this subject took at a large voice in the selection of candi Court Chamber, the Capitol) least several days, and perhaps more. dates, in the writing of party platforms, Mr. Chairman and members of the commit It was disposed of by a record vote. and in the formulation of legislative tee, I am delighted to appear before you and 11214 CONGRESSIONAL RECORD- SENATE May 21, 1965 to share with you some reflections on the land. The law requiring the Civil Aeronau question periOd whereby the Secretary of workings of the legislative branch and, in tics Board to hold hearings and to determine State, the Secretary of the Treasury, the particular, the U.S. Senate in which I have the rate of Federal assistance to airlines and Secretary of Defense, and other high adminis been honored to serve for 13 years. helicopter operations, if it finds such to be tration officials, charged with responsibilities Our country has seen many changes dur in the public interest, continues on the for the preservation of our national security, ing the three decades which have passed since statute books, reduced, however, to a mock and the conduct of our foreign affairs, might the great depression and the r1se in power of ery by action of an appropriations commit answer questions of the membership in either the executive branch of our Government. tee. House at specified times and on a regular This rise in Executive power did not result I am disturbed, too, that the appropria basis. The agents of Congress, the commit from a naked thirst for power by any of our tions process in Congress bears little rela tees, now ask such questions of these officials. Chief Executives, Republican or Democrat. tionship to the economic, tax, monetary, and They would continue to do so. However, I With the growth of modern mass communica fiscal policies with which it should be inti believe it would be invaluable in improving tions, the establishment of great highways, mately involved. An annual economic re the Members understanding of foreign policy airways, an d waterways, which link the far port is submitted by the President to Con issues if it were possible to have an inter corners of our Nation, the evolution of truly gress. It comes at a time of year when the change o.f ideas and information between national in dustries, and of labor unions, President is also submitting his state of the Members of Congress and members of the spanning State lines, and the development of Union, budget, and many other special mes executive J:>ranch before each body as a whole a complex integrated agricultural economy, sages. It goes largely unread. Hearings are ratl).er than merely as now occurs before the United States has witnessed vastly in held by the Joint Economic Committee. A several committees on each side of the Capi creased complexity in our industrial and report is published. That goes largely un tol. technological society. Too, it has seen an read. I believe there is a real need, and I In discussing ·the work of congressional equivalent growth in governmental activity hope that this committee will so recommend, committees, I believe renewed attention at the local, State, and National levels as that the Joint Economic Committee be re should not only be given to the way in which well. By and large, the executive, admin constituted to include the chairman, the the quality of the various professional staffs istrative, and regulatory agencies have kept ranking minority member and a majority might be improved, but also to the needs of pace with this growth as they are increas member from the following committees: the the minority party in its staffing arrange ingly called upon for quasi-judicial decisions Appropriations and Banking and Currency ments if it is to fulfill its responsibilities which have a vital effect on the progress of Committees of both Houses, the House Com under our two-party system of government. our economy, our society an~. indeed, on mittee on Ways and Means and the Senate We are all aware, whether we are the low the fut ure of the free world. Congress, too, Committee on Finance. Because of the man in seniorit y on a committee or the has responded to change over this period tremendous economic impact which the deci ranking member, of the difficulties which not as fast, however, as some would have sions of the Armed Services and Public Works new members frequently have in securing wanted at times, but, on the other hand, not Committees of both Houses alsd have on the necessary professional assistance on some as slow as some critics have averred. Government spending and our economy, per of the committees in either House. Following the Second World War, Congress haps they, too, should be represented. Then One way partially to alleviate the staffing in passing the Legislative Reorganization Act the economic intelligence of this Govern problem would be to authorize each Mem of 1946 made a partial attempt to improve ment and the view's of various interested pri ber to have an additional legislative assist the means by which it could fulfill its legis vate groups in our society whose livelihood ant for each standing committee on which lative responsibiilties. Now, at long last, is dependent on the decisions this Govern the Member serves besides the legislative as ment makes on questions of taxation and the time has come once again to analyze expenditure could be brought together be sistant responsible for the various measures where we are, and how we must best proceed fore one group whose membership in their in which a Member also has an interest. if we are to serve effectively the American separate capacities on their respective com With the assignment of one assistant for each people. I do not believe the Congress or the mittees has a major influence on· this Na committee on which he serves, the Mem Senate have faced up to these questions as tion's economic policies. In furthering this bel' could rapidly develop on his own statf they should have. end, it would be helpful for the President to the necessary expertise in a subject mat My first vote in the U.S. Senate, back in submit his Economic Report more than once ter field and thus better prepare himself 1953, was for a change in rule XXII which a year and at a time other than at the be to deal with the issues that come before permits a small group of people to filibuster ginning of Congress. his committee. As we all know, from our and talk legislation to death and thus pre I would be hopeful, too, that your com own experience in the Senate, it is not in vent the Senate from working its will on a mittee, Mr. Chairman, could recommend ways frequent that our daily calendars show three particular proposal. No matter how quali whereby the Appropriations Committees committees or subcommittees to which we fied are the men and women elected to Con might develop a closer relationship between have been assigned meeting at exactly the gress, their effectiveness as legislators will be the actions of their subcommittees and the same hour. Additional staff will help us greatly dependent, in the long run, on the overall budget. All too often we have acted cover these meetings. rules under which they must operate. The thin.king only of the particular, narrow ap I hope, too, that in imp;roving the com rules provide a framework of reference which propriations bill before us and forgetting mittee. process and a Member's abil1ty to set the guidelines within which the legisla the relationship of that single measure to cope with the legislative proposals submitted tive process takes place. I am well aware the budget as a whole or to the other special by an administration, that consideration that the rules can be used and misused by ized appropriations measures with which we will be given to conducting precommittee any individual or group to serve his or their are also dealing. All too often, we have hearings at the staff level. There, the ma particular partisan or ideological ends. But avoided also, through this process, facing jority and minority staff of the responsible I am concerned that a majority of Members up to passing judgment upon the relative committee, along with the legislative assist in each Chamber shall not be fettered by priorities which should exist in Government ant of .each Senator on that committee, such misuse as has occurred -in the Senate spending of a particular area of public policy might meet in advance with the experts from with respect to rule XXII and I would hope such as science which is basic to many pro the executive branch to go over the testi that careful and realistic consideration could grams which we now consider in isolation. mony which the Cabinet officer and his de now be given to this subject. I believe Con I was impressed during the consideration puties wm formally make on a major bill. gress, by majority vote, unless specified of the nuclear test ban treaty with the joint This would be helpful, I believe, to both otherwise in the Constitution, should be hearings which were conducted by members the administration and the individual Mem permitted to work its will. While opposing of the Senate Committee on Foreign Rela bers since it would sharpen the testimony unreasonable delay in bringing a matter to tions, the Senate Commitee on Armed Serv and reveal the issues which need clarifica a vote, I want to make it clear that I am un ices, and the Joint Committee on Atomic tion once the principals face each other in alterably opposed to the suggestion made in Energy. As assista_nt Republican leader, I the committee room at the formal hearing. some quarters that all measures submitted was invited to attend these sessions as were Usually we come to the committee room by the President• be voted upon within a others in the leadership. I did attend them~ with the Cabinet officer's testimony available specified period of time. Unless Congress and found the information developed there, to us only at that time, and we have no op has so determined, as in the case of the re by Senators who were experts in the work portunity to research the subject matter in organization plan procedure, such should not of these various committees and who had a particular statement and thus carefully be the case. thus viewed the problems of nuclear energy phrase our questions to elicit the needed in The legislative process ln our system of and power from different perspectives, most formation. By the time we have had the government 1s only as good as the effective helpful to me in arriving at my own decision. opportunity to study carefully the statement, ness and efficiency of the committee system I believe that Congress could do even more the Secretary has returned to his Depart which is so basic to it. I am disturbed that to educate all its Members on questions of ment or left the country on a trip and we the clear will of Congress in some specific national security and foreign policy by estab thus a.re unable to enter into that personal instances has been undermined by the ac lishing a Joint Committee on National Se interchange and discussion so necessary in tions of the Appropriations Committees, who, curity. This committee would have a man arriving at a meeting of the minds in our by refusing to appropriate funds for such date to hold hearings, study and make rec legislative pr~ss. programs as the helicopter subsidy, to name ommendations but would not be empowered As the Senator from the most populous a recent example, have thus overthrown the to report legislation. I believe also that in State in the Union, I am obviously con Jurisdiction of the established substantive this area in particular both Houses should cerned with the difficulties of having suffi committees and in this case the law of the consider the pos1>ib1Hty of establishing a cient staff and space to do the job which May 21, 1965 CONGRESSIONAL RECORD - SENATE 11215 should be done-and which my colleagues the people of the District of Columbia de Whether congress is in session or not, and from smaller States can do---if I am effec serve better and more responsive government all of us can remember the times in recent tively to serve 18 million people. Between than they now receive as the only conclave years when we have been meeting on Christ 1,000 and 2,000 constituents write my office of Americans who still live in involuntary mas Eve, the work of our offices goes on. We every day of the week and on occasion the servitude. serve, and rightfully so, as a court of last count has gone up to 6,000 per day. I think I believe Congress must also face up to resort in many nonjudicial controversies. A Congress, and the Senate in particular, must the need for the development of standards constituent looks to us to fulfill his right face up to the need for adequate space to do of conduct which would appropriately guide to petition for redress of his grievances. our job and the adequate professional staff the behavior of its members and their pro Some of what we do no doubt seems small to help us in our many duties. fessional staff, as well as the various com as we seek an inquiry, for example, of the We tolerate conditions for our professional mittee staffs and other Senate officials. If complaint of a mother who feels her son staff which would not be tolerated for a such standards are developed, including the has been mistreated while going through minute in either the executive branch or annual disclosure of assets and income, they basic training. Other administrative tasks the headquarters of any private corporation should, I think, apply equally to any candi we undertake are seemingly of larger scope or international union in this country. For date for congressional office in a primary, as we seek to bring together constituents, example, the counterparts of our top assist special, or general election. Such standards whom we represent, with the appropriate ants in the administration would have one might well be applied to career and appointed Federal officials, so that those whom we serve or two-room suits, here we have 'three and policymaking ·members of the executive may fully avail the people of their com four individuals in a single room. What br·anch, as well as to the judiciary. I believe munity of the various Federal programs is needed is space to think, away from the the public does have a right to know that which we have enacted. In either case, we typewriters.· Early in the year my office those in whom it has reposed its trust are are serving the people. usually has exhausted its quota of airmail free from serious conflicts of interest, as we I hope that this committee may see fit stamps, whereas offices representing States attempt to make crucial judgments on mat to undertake securing of the services of man on the eastern sea'board never use their ters of domestic and international policy. agement consultants who would examine quota since it is faster to send important As · we seek to devise means by which various types of offices in both Houses such letters by first-class mail because of the con we may more effectively represent the Amer as one from a large State, .a medium-size stituents' proximity to Washington, D.C. ican people, we need also devise means which State, and a small State. By analyzing these There is need also for an adequate number will prevent candidacies for the Senate and functions, perhaps Members of Congress of trips to be made available to both a House from being merely the prerogative could more effectively perform the legislative Member of Congress and his staff, so that they of those who can afford to run or of groups and administrative tasks which we are now oan return home periodically, and thus repre who can bankroll particular candidates. called upon to perform, and also redress the sent the people more effectively. Certainly Campaign expenditures in America have gone imbalance which now exists in most office 12 round trips a year would not be inappro completely out of hand. I know what it is staffs a;nd thus place more emphasis on the priate for each Member with an equivalent to wage a campaign wtthourt adequate financ legislative functions which the Constitution amount tO 'be available to his staff. ing. In 1962', my campaign committee spent charges us to perform. I believe we must also face up to eliminat $200,000 in the general election. This was Mr. HART. Mr. President, I suggest ing some of the "busy work" tasks which, probably the lowest amount ever spent for while they might be on occasion politically a major statewide office in modern California the absence of a quorum. rewarding, tie up our offices and our time un politics. That same year the candidates- for The PRESIDING OFFICER. The necessarily when we think of the more press Governor in California were said to have clerk will call the roll. ing work for many people which we must spent well over $2 mill1on each for· the gen The legislative clerk proceeded to call a.lso carry on. ·In order to provide more time eral election alone. Most experts belie.ve that the roll. for the matters of pressing national im the cost of·running .for major statewide office Mr. STENNIS. Mr. President, I ask portance, I hope this committee will con in populous States such as New York and unanimous consent that the order for sider various ways by which the Members California cannot be effectively done for of Congress might divest themselves of the less than $2 million for each party nominee. the quorum call be rescinded. responsibility for appointments to various The American people have a right to know The PRESIDING OFFICER. Without service academies, the confirmation of post where funds for political 'eampaigns come objection, it is so ordered. masterships, and some of the private bills from. Thus, I believe this committee should which we are now called upon to introduce. give favorable consideration to urging a com A good many Members of Congress already plete revision of the Federal Corrupt Prac follow the practice, which I do, of appoint tices Act, and the imposition of realistic VOTING RIGHTS ACT OF.1965 ing to the academy the students who score ceilings on campaign expenditures made for The Senate resumed the consideration the highest on the examinations which he Federal office. There should be a centraliza of the bill CS. 1564) to enforce the 15th takes for ·admission. Many Members of Con tion of campaign finances under a treasurer gress spend long ·hours interviewing pros selected by the candidate. Such campaign amendment to the Constitution of the pective academy entrants so that they can treasurer should be held legally accountable, United States. conscientiously render a fair decision. I be and be required to report to1 a regulatory Mr. ERVIN. Mr. President, I wish to lieve we should permit the aca~emies to group, established by Congress, all funds speak concerning what I believe . to be conduct nationwide objective examinations and services expended on behalf of his can the most precious possession of the Amer and accept those students who qualify with didate in primary, special, and general elec ican people .. the only limitation being that the students tions. Such a regulatory group should have In the ultimate analysis, the most continue to be selected on a geographic basis the power, through legal process, to compel for whieh the present congressional district adequate disclosure. Serious thought should precious possession of the American peo boundaries might well be utilized. be given to the ways in which partial dis ple is not this broad land, which runs : There are few advantages of being in the closure would be made prior to election day. from the Atlantic to the Pacific and from minority in Congress, but certainly one is In my view, Congress should amend the Canada to the Gulf of Mexico. In the the pleasure of not having to choose between Internal Revenue Code to provide that a $10 ultimate analysis the most precious pos candidates for· local postmasterships. I be tax credit provision, or a $100 deduction, may session of Americans is not their ma lieve it was. W1lliam Howard Taft who once be applied to contributions made to ·a candi terial wealth in other respects. Despite said that for every 10 men you consider for date for Federal office or to his designated the precarious condition in which the postmaster, you -were sure to end up with 9 campaign committee. This would encourage world finds itself at this moment, I am enemies and 1 ingrate. The right to pe a broader base of financial participation by tition, of course, is basic to our constitu all interested citizens and thus, hopefully, constrained to say.that the most precious tional heritage. But I do believe that some eliminate the dangers of candidates in either possession of Americans at this time does device, perhaps a separate board of former party being dependent upon the largess ·of not consist of the great weapons which Senators and Congressmen, could be estab any particular private group. we have to insure our preservation. lished which would be able to pass judg Mr. Chairman, serving as a Member of the The most precious possession that the ment on some of the immigration bills· and House of Representatives or the. U.S. Senate American people have is constitutional small claims legislation which now besiege is a full-time, year-round responsibility. government as the principles of that us. Some of us have advocated that we adjourn Congress should, of course, also divest itself constitutional government are enshrined for a month or two in the summer which in the Constitution of the United States. of being the town council for Washington, would permit us to· return to our constitu D.C., by granting home rule to the District ents and, for those whose children are still The great English statesman, William of Columbia. It is ludicrous for the Con in school, permit an occasional "family" Ewart Gladstone, was invited to par gress of the United States, with the present ticipate in the centennial anniversary of international and national problems which vacation now and then. Yet, in our proce confrorut it, to be burdened with supervising dures and our allowances we pretend that the American Constitution. Acknowl the city welfare department, .the municipal we are still living in the 19th century where edging the receip.t of the invitation he education system, and the affairs of our one had the luxury of affording the stoic had this to say about our Constitution: beautiful Capital city. We have far more conception of public service and performing I have always regarded that Constitution important things to do with our time, and one's task during a few months of the year. as the most remarkable work known to me 11216 CONGRESSIONAL RECORD- SENATE May 21, 1965 in modern times to have been produced by powers which the Government was to granted to it by the Constitution, and the the human intellect, at a single stroke (so have. powers actually granted, must be such as to speak), in its application to political af Second. The Constitution of the United are expressly given, or given by necessary im fairs. plication. • • • The Constitution unavoid States was written and ratified to ac ably deals in general language. • • • The While the Constitution of the United complish an object the necessity and de instrument was not intended to provide Strutes was reduced to writing ait a given sirability of which were made manifest merely for the exigencies of a few years, but time in history, the Constitution of the by the long and bitter struggle of man was to endure through a long lapse of ages, United States was not the product of for the right of self-government and for the events of which were locked up in the in any specific time or even of the men the right of security against governmen scrutable purposes of providence. who drafted it. In a very true sense, tal tyranny, namely, to put definite limi This quotation from Judge Story's the Constitution of the United States tations upan the powers of the Federal opinion makes it crystal clear that the recognizes and incorporates in its provi Government. Constitution was not supposed to be an sions the governmental truths disoov Third. The Constitution of the United instrument whose meaning could be ered in the age-old struggle of man for States was written and ratified to pro changed from time to time, either by the the right of self-government and for the tect the States and to protect the people public sentiment of the moment or by right to be secure against governmental of the United States against the impa congressional enactments. The text tyranny. tience of public o:fHcials, regardless of writer in 16 Americai:i Jurisprudence, 2d I believe the best description of the whether such officials belong to the ex series, Constitutional Law, section 6, page process by which the Constitution of the ecutive branch of the Federal Govern 183, declared in a few words that one of United Staites was formulated was given ment or to the legislative branch of the the major purposes of the ·Constitution by one of the greatest American lawyers Federal Government or to the judicial was that which I set forth as its first of all time, Jeremiah Black, in his argu branch of the Federal Government; and purpose. This text writer says: Ex parte Milli as a part of that purpose the Constitu ment in the great case of Perhaps the most important of the funda gan, 4th Wallace 2. During the oourse tion of the United States was written and mental functions of a Constitution ls to of the debate UPon the pending blll, I ratified to protect minorities against the establish the basis of the governmental sys have made several references t.o the great intemperate action of majorities. tem, that is, to prescribe the permanent case of Ex parte Milligan as being in my Some philosopher has well said that framework of the system of government, opinion the grea;test judicial decision ever any nation which ignores the lessons assign to the different departments their re handed down by any court on the face of taught by history is doomed to repeat spective poweTs and duties, and establish the earth. I base this judgment partly the mistakes of the past. The Founding certain fixed principles on which govern on the time in which the decision was Fathers knew that to be true; and they ment ls founded. handed down, but principally upon the wrote the Constitution of the United - One of the fixed principles on which decision itself. States not only for the three salient pur the Government is founded is that the Several days ago I stated that be poses I have just enumerated, but also determination of whether a political hind every great opinion of a judge is to save· Americans from repeating the subdivision is violating the Constitution the work of a great lawyer. This was mistakes which had been made in the is a judicial question, not a legislative true in Ex parte Milligan. field of government in times past. question. Yet the pending measure un In his magnificent argument before The history of the world had taught dertakes to have the question of whether the Supreme Court in that case, Jeremiah the Founding Fathers that government, Southern States or parts of Southern Black gave us the very finest S1Coount whether it be called a monarchy or States are engaged in violating the 15th we have of the manner in which the Con whether it be called a republic, has an amendment determined by a department stitution was written. He said: insatiable thirst for power, and that of government which has no power to But our fathers were not absurd enough government in its attempt to satisfy its make that determination, namely, the to put unlimited power in the hands of the insatiable thirst for power will become Congress. ruler and take away the protection of law totalitarian in nature unless it is re The Founatng Fathers were wise men. from the rights of individuals. It was not strained by laws which it can neither re They knew that occasions would arise thus that they meant "to secure the bless peal nor nullify. when Congress itself could not be safely ings of liberty to themselves and their pos The Founding Fathers realized when terity." They determined that not one drop trusted. So they wrote into the Consti of the blood which had been shed on the they drafted the Constitution that the tution clauses specifically designed to other side of the Atlantic, during seven cen Constitution cannot preserve itself, but prevent Congress from doing certain turies of contest with arbitrary poweT, should that, on the contrary, the Constitution things. One of these is the ninth section sink into the ground; but the fruits of every will endure only so long as love for its of the first article of the Constitution, popular victory should be garnered up in principles dwells in the hearts of the which provides: this new Government. Of aJl the great people, and particularly within the rights already won they threw not an atom No Bill of Attainder or ex post fact.o Law hearts of those selected by the people to shall be passed. away. They went over Magna. Carta, the execute its provisions. The Founding Petition of Right, the Bill of Rights, and the The wisdom of the Founding Fathers rules of the common law, and whatever was Fathers attempted to etpphasize this found there to favor individual liberty they truth to all succeeding generations of in inserting that specific provision in the carefully inserted in their own system, im Americans and those to be selected by Constitution is illustrated by events proved by clearer expression, strengthened them to execute the provisions of the which are transpiring in Congress at the by heavier sanctions, and extended by a more Constitution by declaring that every of present moment. We a.re considering a universal application. They put a.U those ficial, Federal and State, should be bill which is, in effect, a bill of attainder provisions into the organic law, so that bound by a solemn oath or a:mrmation to in that it condemns a section of the neither tymnny in the executive, nor party country to punishment upon the charge rage in the legislature, could change them support the Constitution. without destroying the Government itself. I wish to read statements from great of violating the 15th amendment without decisions and great writers of the law a judicial trial. That is precisely what Mr. President, that is a description of which emphasize the purpose inspiring a bill of attainder is. how our Constitution was actually the Founding Fathers to draft, and the Moreover, the bill undertakes to make written, as well as an indication of the independent States to ratify, the Con that condemnation by legislative dec reason for tts writing. stitution as a permanent instrument of laration on the basis of past events, not The Constitution of the United States government for the United States. One upon the basis of present or future ac was written and rati:fled for the purpose of those cases is Martin v. Hunter- tion. The bill does this by the triggering of accomplishing certain things. For 14 U.S. 326. The decision in this case device, which is based entirely UPon present purposes I believe those things was handed down in 1816. The opinion events occurring in 1960 and 1964. In can be summarized as follows: in the case was written by one of the that respect, the bill constitutes a viola First. The Constitution of the United wisest jurists this country has ever tion of the prohibition of the passage by States was written and ratified to prq known, Justice Story, who said: Congress of an ex post facto law. vide a permanent framework for the The Government, then, of the United While the provisions of the bill in Federal Government and to define the States can claim no powers which are not these respects are not in harmo~ with May 21, 1965 CONGRESSIONAL RECORD - SENATE 11217 the Constitution, they may be in har conformable to it, or else they wm be void. have so changed as perhaps to make a dif mony with popular feelings engendered The constitution is the work or will of the ferent rule in the case seem desirable. A people themselves, in their original, sovereign, principal share of the benefit expected from at this moment by demonstrators who and unlimited capacity. Law ls the work or written constitutions would be lost if the profess the astounding doctrine that it is will of the legislature, in their derivative and rules they established were so flexible as to all right to ignore or even to viola.te laws subordinate capacity. The one ls the work bend ,to circumstances or be modified by they deem unjust. This notion cannot of the creator, and the other of the creature. public opinion. be reconciled with the Constitution or The constitution fixes limits to the exercise It is with special reference to the varying the great decisions interpreting the Con of legislative authority, and prescribes the moods of public opinion, and with a view to stitution. orbit within which it must move. In short, putting the fundamentals of government be gentlemen, the constitution is the sun of the I Muller yond their control, that these instruments quote these words from v. political system, around which all legislative, are framed; and there can be no such steady Oregon, 208 U.S. 412, at page 420: executive, and judicial bodies must resolve. and imperceptible change in their rules as Constitutional questions, it is true, are Whatever may be the case in other countries, inheres in the principles of the common law. not settled by even a consensus of present yet, in this, there can be no doubt, that every Those beneficent maxims of the common law public opinion, for it is the peculiar value of act of the legislature, repugnant to the Con which guard person and property have grown a written constitution that it places in un stitution, is absolutely void. and expanded until they mean vastly more changing form limitations upon legislative to us than they did to our ancestors, and action, and thus gives a permanence and The pending measure proceeds upon are more minute, particular, and prevading stability to popular government which the theory that the Constitution does not in their protections; and we may confidently otherwise would be lacking. embody the permanent will of the peo look forward in the future to still further The Supreme Court of Indiana handed ple or the supreme law of the land; but modifications in the direction of improve down a decision on this phMe of the that, on the contrary, it is some kind of ment. Public sentiment and action effect weak instrument whose provisions can such changes, and the courts recognize them; matter in the case of Ellingham v. Dye, but a court or legislature, which should al reported in 178 Indiana 336, 99 north be ignored or even suspended at the pleasure of an agency of Government low a change in public sentiment to influence eastern 1. The Indiana Supreme Court it in giving to a written constitution a con said: created by it. I say this because the bill struction not warranted by the intention of is based fundamentally upon the peculiar A good constitution should be beyond the its founders, would be justly chargeable with reach of temporary excitement and popular notion that Congress, the creature of the reckless disregard of official oath and public caprice or passion. It is needed for stability Constitution, can suspend either in whole duty; and if its course could become a prec and steadiness; it must yield to the thought or in part the· provisions of its creator, eden·t, these instruments would be of little of the people--not ·to the whim of the people the Constitution. I emphasize that the avail. The violence of public passion ts or the thought evolved in excitement or hot Constitution was written for the para quite as likely to be in the direction of op blood, but the sober second thought, which mount purpose of placing the fundamen presslon as in any other; and the necessity alone, if the government is to be safe, can be for bills of rights in our fundamental laws allowed eftlcacy. Changes in government are tals of the Government created by it lies mainly in the danger that the legisla to be feared unless the benefit is certain. As beyond the reach of impatient Presi ture will be influenced, by temporary excite Montaigne says: "All great mutations shake dents, impatient Congresses, impatient ments and passions among the people, to and disorder a State. Good does not neces judges, and impatient people. adopt oppressive enactments. What a court sarily succeed evil; another evil may suc The greatest statement ever made on ts to do, therefore, is to declare the law as ceed, and a worse." this subject was made, I believe, by one written, leaving it to the people themselves to make such changes as new circumstances I respectfully submit that even of the most profound authorities on the may require. The meaning of the constitu though there may be injustices which Constitution who ever lived; and I say tion is fixed when it ts adopted, and it is need redressing, those injustices should to my good friend the Senator from not different at any subsequent time when a be redressed in a manner .sanctioned by Michigan [Mr. HART] that this man was court has occasion to pass upon it. a son of Michigan. He sat upon the our organic law, and not by action which Mr. President, we are confronted at is inconsistent with our organic law. bench of the Supreme Court of Michigan, and was dean of the law school of the this hour by the danger which prompted Congress cannot commit a greater evil the writing and the ratification of the than that of nullifying or suspending University of Michigan. I refer-- Mr. HART. Mr. President, will the Constitution of the United States. The constitutional provisions-even to ac violence of public passion is abroad in complish ends it deems just. This is true Senator yield for a comment there? Mr. ERVIN. I yield. the land. It is well at this critical hour because such action will ultimately rob that we have a written Constitution. the American people of their most Mr. HART. I had been listening at tentively to the address being made by Impatient people are demanding that a precious possession--constitutional gov somewhat impatient Congress enact into ernment. the Senator from North Carolina. As always, he is scholarly. He did not have law a bill which is inconsistent with the Mr. President, another case which provisions of the Constitution vesting in illustrates the intention of the Founding to alert me as to what he was about to read and about his comments on what each State of the Union the power to Fathers and the ratifying States that the prescribe qualifications for voters in Constitution is to be superior to the tem Dean Cooley had to say. We in Michi gan have the same deep regard and af both Federal and State elections, and porary whims of public opinion is Van the power, in so doing, to prescribe lit horne against Dorrance. This case was fection for Justice Cooley that the Sen ator from North Carolina, whom he is eracy tests as prerequisites to the right tried by the U.S. Circuit Court for the to vote. District of Pennsylvania. It is reported about to quote. Mr. ERVIN. I thank my friend from This is not the first time in American in 2 U.S. 304. history that the wisdom of the Founding I read what the court had to say in Michigan. I wish to read a passage from what I consider to be the soundest book Fathers in drafting, and of the Original respect to this characteristic of the Con States in ratifying, the Constitution has stitution, from page 308 of that decision: on constitutional law ever written by any American, indeed by any man any been proved. Vanhorne v. Dorrance, 2 U.S. 304 (1795): A moment ago I quoted from the great What is a constitution? It is the form of where on earth. I refer to Thomas M. government delineated by the mighty hand Cooley's "Constitutional Limitations." case of Ex parte Milligan. That case of the people, in which certain first principles I read from chapter 4, pages 88 and 89. involved an effort made during the trou of fundamental laws are established. The This is, in my opinion, the finest state blous days of the War Between the constitution is certain and fixed; it contains ment ever made concerning the funda States, when the country was torn asun the permanent will of the people, and ts the mental purposes for which the Constitu der by fratricidal strife, to suspend, in supreme law of the land; it is paramount to the power of the legislature, and can be tion was written and ratified. Judge the State of Indiana, the provisions of revoked or altered only by the authority that Cooley said: the Constitution requiring indictment made it. The lifegiving principle and the A cardinal rule in dealing with written by grand jury and trial and conviction death-doing stroke must proceed from the instruments ls that they are to receive an by a petit jury as conditions precedent same hand. What are legislatures? Creatures unvarying interpretation, and that their to imposing punishment for crime. It of the constitution; they owe their existence practical construction ls to be uniform. A to the constitution; they derive their powers constitution is not to be made to mean one was contended by those who, in that from the constitution; it is their commis thing at one time, and another at some sub day, thought that provisions of the Con sion; and therefore, all their acts must be sequent time when the circumstances may stitution could be suspended in a moment 11218 CONGRESSIONAL RECORD - SENATE May 21, 1965 of exigency, that the Federal Govern subdivisions of States which are con 100 miles from the place where the Dis ment had the power to substitute mili demned by the triggering process of tne trict Court for the District of Columbia tary courts for civil courts in the trial of bill without a judicial trial, without evi sits. civilians. The question as to whether dence, and without an opportunity to be As a consequence, the States and polit the power to suspend constitutional pro heard. ical subdivisions of States which are con visions existed was the identical point In his argument in Ex parte Milligan, demned by the bill are denied compulsory involved in the Milligan case. The Su Jeremiah Black, the great lawyer, made process to obtain witnesses to testify in preme Court held that such power did some observations which the Senate their behalf. While the bill would deny not exist. In the opinion so holding, should contemplate regarding this aspect that right to certain States and political Justice Davis had this to say: of the bill. subdivisions of States, the Constitution Time has proven the discernment of our I quote the words of Jeremiah Black secures that right to all persons charged ancestors, for even these provisions- which are found on pages 63 and 64 of with any crime against the U.S. Govern That is, the provisions respecting in the opinion in Ex parte Milligan: ment, including those who are charged dictment by a grand jury and trial by We all know that it was the intention of with treason against the United States. jury- the men who founded this Republic to put In so doing, the bill degrades seven the life, liberty, and property of every person States, or parts of seven States, of this expressed in such plain English words, that in it under the protection of a regular and Union to a plane inferior to that ever it would seem the ingenuity of man could permanent judiciary, separate, apart, distinct, occupied in our Nation's history by the not evade them, are now, after the lapse of from all other branches of the Government, more than 70 years, sought to be avoided. whose sole and exclusive business it should commonest criminal charged with ·the Those great and good men foresaw that be to distribute justice among the people ac foulest crime. troublous times would arise, when rulers cording to the wants and needs of each in At the outset of my remarks I men and people would become restive under re dividual. It was to consist of courts, always tioned ·that one of the purpooes of the straint, and seek by sharp and decisive meas open to the complaint of the injured, and al Constitution ·was to protect minorities ures to accomplish ends deemed just and ways ready to hear criminal accusations when against arbitrary action by those in au proper; and that the principles of constitu founded upon probable cause; surrounded thority. The Supreme Court .of Alabama tional liberty would be in peril, unless with all the machinery necessary for the in established by irrepealable law. The history vestigation of truth, and clothed with sum handed down a decision on this point, of the world had taught them that what was cient power to carry their decrees into execu in the case of Houston County v. Martin, done in the past might be attempted in the tion. In these courts it was expected that 169 Southern 13. I read these words future. The Constitution of the United judges would sit who would be upright, hon from page 15 of that d~ision: States ls a law for rulers and people, equally est, and sober men, learned in the laws of Constitutions are not pdmarily designed in war and in peace, and covers with the their country, and lovers of justice from the to protect majorities., who are usually able shield of its protection all classes of men, habitual practice of that virtue; independ to protect themselves, but to preserve and at all times, and under ·an circumstances. ent, because their salaries could not be re , protect the rights of individuals and minor Once again time has proved the dis duced, and free from party passion, because ities against the ~.rbitrary actions of those cernment of our ancestors. The pend their tenure of office was for life. in authority. ing bill is designed to circumvent, evade, There is a saying which all Americans I have pointed out that the pending nullify, or suspend provisions of the Con would do well to remember, especially bill constitutes a bill of attainder and stitution which are expressed, to borrow those who' ate authorized to sit in the an ex Post facto law. I have pointed out Justice Davis' words in Ex parte Milligan, legislative bodies of the Nation: that it would condemn seven States or in such plain English words that it would For justice all seasons are summer, and parts of seven States of violruttons of the seem that no man would attempt to avoid every place a temple. 15th amendment without a judicial trial, them. Nevertheless such attempt is be We have before us a bill which would on the basis of events which occurred in ing made by Members of the Congress it close the courthouse doors of all the Fed the past and not on the basis of present self 176 years after some of these words eral courts sitting in the areas of the or future . events. I have pointed out those incorporated in section 2 of article Nation which are condemned by the trig that the bill condemns and suspends I, and section 1 of article II, became ef gering device of the bill. That provi four separate provisions of the Constitu fective a.S parts of the original Consti sion is inconsistent with the boast of tion which vest in the States the power tution. Americans that our courts are always to prescribe a literacy test as a prereq If there is anything settled beyond dis open for the doing of justice. It is also uisite for voting in both Federal and pute in the field of constitutional law, it inconsistent with the statement of Jere State elections. is that the 2d section of the 1st arti miah Black that the courts of this land Finally, I have pointed out that the cle of the Constitution, the 1st section should be surrounded by all the machin bill has provisions in it which are in of the 2d article of the Constitution, the ery necessary for the investigation of consistent with the due process clause 10th amendment, and the 17th amend truth. of the fifth amendment or with the ment, vest in the States-and in the I say this because the bill would give fundamentals of fair play. States alone-the power: to prescribe the the States and subdivisions of States The proponents of the bill agree with qualifications of those eligible to vote in access to only one court; and that court me as to certain of the constitutional both Federal and State elections, and sits in a distant •place, anywhere from questions I have raised. The proponents that this power to prescribe such qual 250 to 1,000 miles from those States and of the bill state this in substance: "We ifications includes the power. to prescribe subdivisions of States, and from the res admit that under the words .of the Con literacy tests as prerequisites to the right idences of witnesses having knowledge of stitution and under the decisions of the to vote. the facts which would necessarily be in courts construing those words of the Notwithstanding this, the pending bill volved in trials in which these States or Constitution, the seven States that are attempts to evade, circumvent, nullify, subdivisions of States might seek exon being condemned by the triggering de or suspend the constitutional powers of eration from the legislative condemna vice, as well as all the other States in seven States to establish and use literacy tion visited upon them. the Union, have the undoubted consti tests in passing upon the qualifications of Sometimes one is tempted to think tutional Power to prescribe a literacy test those who seek to vote in Federal and that the pending bill is designed to pre as a condition precedent to the right to State elections within their borders. vent an investigation of the truth in re vote." There is another peculiar provision in spect to the presumption which the trig What flattering unction do they lay to the pending bill which I do not believe is gering device of the bill raises without their souls to justify their support of a consistent with the due process clause judicial trial or evidence or opportunity bill which would deny to certain States of the fifth amendment. Apart from this to be heard to condemn the States and and subdivisions of States the Power tQ however, it is certainly not consistent political subdivisions covered 'by the bill. exercise a constitutional power they con with fairplay. I refer to the provision I say this because under rule 45 of the cede such States and subdivisions of the bill which closes the doors of every Rules of Civil Procedure governing trials possess? courthouse in America-except ·the doors in the Federal district courts, a subperia They state in substance: "We are not of the District Court of the District of from tbe District Court for the District attempting to nullify the power of these Columbia-to the States and political of Columbia is effective no more than States. to. establish and use literacy tests. May 21, 1965 CONGRESSIONAL RECORD- SENATE 11219 We are merely insisting that Congress ply the law alike to men of all races and tution was designed to be a law for rulers suspend the constitutional power of these redress their violation of the 15th amend as well as for people; a law to govern not States and subdivisions to prescribe lit ment, which prohibits State action deny only the people of the Nation, but to eracy tests. We would not be so untrue ing or abridging the rights of qualified govern Congress, the President, and the to the Constitution as to ask Congress to Negroes to vo'te on account of their race courts. One of the things that insures nuilify the constitutional provisions or color. The court did not suspend the that is the doctrine that no principle of which vest in those States the undoubted pqwer of Louisiana to use a literacy test. a written Constitution can be suspended. power to prescribe literacy tests. Oh, no. In effect, the injunction stated, "You In the course of the debate, some refer We would merely have Congress suspend may use the new literacy test immedi ences have been made to the State of the power of those States to exercise their ately in a new registration of voters in Alabama. Alabama is condemned by the constitutional rights." the 21 parishes provided you administer triggering device of the pending measure. If Congress can suspend the power of a it alike to all those who apply for regis Senators who have been supporting the State to exercise its constitutional rights tration without discrimination on the bill have taken occasion to condemn Ala for 1 year, Congress can suspend the basis of race." bama. They may be surprised to learn power of the State to exercise its consti That decision was reached on the that the bill follows an attempted prec tutional rights for a thousand years.· basis of evidence in a judicial trial con edent in Alabama. Only one time in the I have stood on the. .floor of the Senate forming to due process. It was not made history of the Nation, prior to this time, and challenged the Attorney General of on the basis of a congressional condem has any legislative body attempted· to the United States and ev.ery one of the nation without judicial trial or evidence. suspend a provision of its constitution. 600 lawyers working under his super The Republic created by the Constitu That State was Alabama. The decision vision in the Department of Justice in tion could not endure if Congress had the of the Supreme Court of Alabama, in the the District of Columbia to call to my power to suspend any provision of the case to which I referred a moment ago, attention a single decision of any court Constitution, even for a limited period Houston County against Martin, dealt which supports the proposition that Con of time. That is true because, as I re with the attempt by the Alabama Legis gress has the power to suspend any pro marked a moment ago, if Congress can lature to suspend a provision of the con vision of the Constitution. Neither the suspend the constitutional provisions stitution of Alabama. It was held in Attorney General nor any of the at vesting in seven States the power to pre that case that that could not be done. torneys operating under the Attorney scribe literacy tests as prerequisites to The opinion stated, on page 15, referring General has been able to· produce any voting, then Congress can suspend all to the effort of the Alabama Legislature such decision. To be sure, they cite the the provisions of the Constitution of the to suspend a provision of the State con case of Louisiana against the United United States as to all the 50 States. stitution: States, in which a decision was handed The opinion expressed by one Senator By the same practice, if finally_ approved down by the Supreme Court on March 8, on the .floor of the Senate during the de by the courts, every right and immunity 1965, and they claim that case recognizes bate on the bill that the 15th amend protected by the Declaration of Rights may ment is superior to the other provisions be suspended to meet the will of the ma and sustains the power of Congress to jority, substituting a government of men for enact a bill suspending the power of seven of the Constitution is not only absurd, but it is out of harmony with every de a government of law. No such thought was States to use literacy tests. ever entertained by the framers of the Con Mr. President, in all sincerity and cision involving the interpretation of stitution or th.e people in its adoption, and solemnity, I make the statement that the such amendment and the Constitution. no such practice- decision of the Supreme Court in Louisi Every decision on the point holds that all the provisions of the Constitution And I invite the attention of the Sen ana against the United States bears about ate to these words-- as much resemblance to that proposition must be interpreted together, and that the 15th amendment does nothing and no such practice has ever been attempted as my homely face bears to the beauteous whatever except to prohibit a State in any sovereignty on earth existing under a countenance of Miss America. from denying or abridging the right of written constitution, except in Alabama. The Louisiana case was tried in the qualified citizens to vote on the basis of If Congress should pass the bill, we courts in the manner in which article III race or color. The decisions hold that of the Constitution contemplates all judi shall have to change that phrase and the 15th amendment does not affect in say that no legislative bodies in any sov cial questions should be tried. Witnesses any way or to any degree the power of were produced in the courts by both the ereignties on the face of the earth, hav the States to prescribe· the qualifications ing written constitutions, have ever at Government and the 21 parishes whose for voting in any respect except that, voting practices were involved. It was tempted to suspend any of their provi since the adoption of the 15th amend sions except the legislature of Alabama established in that case as a fact that ment, the States may not require that a 1n those parishes Louisiana election of and the Congress of the United States. person belong to a particular race in or I again invite the attention of Sen ficials had used a so-called literacy or der to be permitted to vote. understanding test to prevent Negroes ators to the truth that no provision of The courts have declared time and the Constitution of the United States from registering to vote, but had failed time again that any legislation by Con to apply such tests, or the most stringent can be suspended, even in the most trou gress based upon the 15th amendment blous times. I read a statement from parts of such tests, to members of the which goes beyond the mere prohibition white race applying for registration. the case of Ex parte Milligan, page 121, of the denial or abridgement of the right to this effect: As a consequence of those established to vote on the basis of race is not ap violations of the 15th amendment, the propriate legislation under the second No doctrine, involving more pernicious con number of persons of the Caucasian race sequences, was ever invented by the wit of section of the 15th amendment, and for man than that any of its provisions can be registered in those 21 parishes far ex that reason is null and void. suspended during any of the great exigencies ceeded the number of persons of the We have many things for which to be of government. Such a doctrine leads di Negro race registered in them. thankful, one of which is, as ·I stated rectly to anarchy or despotism, but the theory Upon those facts being established, the in the beginning of my remarks, that of necessity on which it is based is false; Federal district court sitting in Louisi we have in the United States a written for the Government, within the Constitution, ana issued an injunction which did not Constitution which prescribes the pow has all the powers granted to it, which are attempt to deprive Louisiana of the ers of the Federal Government and speci necessary to preserve its existence; as has power to use the literacy test, but which been happily proved by the result of the fies how those powers are to exercised great effort to throw off its just authority. enjoined the election officials of those by the different branches of such Gov 21 parishes from using a newly devised ernment. The bill ignores the division The tragedy inherent in the demand literacy or understanding test until there of powers, because it attempts to vest in for the passage of the pending uncon should be a new registration of voters in the Attorney General powers which in stitutional measure is that Congress has · the 21 parishes. some instances are judicial and in oth ample power under the Constitution to That was a proper decision under tbe er instances legislative, although the At-. enact laws which would secure to every circumstances because it was the only torney General is an executive officer. person in the United States who is qual way in which 'the court could require the But the greatest thing for which we ified to vote the right to register and election officials in those parishes to ap- have to be thankful is that the Const!- vote. Indeed, it has already done so. 11220 CONGRESSIONAL RECORD - SENATE May 21, 1965 The assertion of the Attorney General The PRESIDING OFFICER (Mr. Rus There being no objection, Chapter 52 of the United States to the contrary not SELL of South Carolina in the chair). was ordered to be printed in the RECORD withstanding, any competent lawyer can The Senator from New Hampshire is as follows: ' secure the right of every qualified per recognized. CHAPTER 52, LAWS OF 1963 son to register in any precinct in the An act rela·tlng to the conduct of sweepstake United States under laws now available EXCISE TAX EXEMPTION FOR NEW races and the sale of tickets thereon to the Department of Justice. I say this Be it enacted by the senate and house of because the Federal courts have power HAMPSHIRE SWEEPSTAKES, PART representatives in general court convened.: under existing laws, acting through II 52: 1 Sweepstakes: Amend RSA 284 by in judges or through voting referees ap serting after section 21 the following new pointed by the judges, to pass upon qual Mr. McINTYRE. Mr. President, yes subdivision: ifications for voting, and to require the terday I announced that I would be of Sweepstakes registration of every person found quali fering an amendment to the excise tax 284:21-a State Sweepstakes Commission: fied to vote. Under these statutes, any reduction bill to provide that the educa There shall be and hereby is created a State competent lawyer can secure the regis tional fundraising efforts of the State sweepstakes commission consisting of three of New Hampshire could receive at least members who shall be appointed and may be tration of any qualified voter anYWhere the same favorable excise tax treatment for cause removed by the Governor with the in the Nation. Instead of making bona which is now accorded to private pari advice and consent of the council. One fide use of such laws which conform to mutual races, certain wagering in gam member shall be .appointed for 1 year, one judicial processes, we hear the astound for 2 years, and one for 3 years, and upon ing statement made by the Attorney bling casinos, and many other forms of the expiration of their terms of office their General that judicial processes are too private gambling. successors shall be appointed for a term of slow and cumbersome, and that, there Since that announcement, I have re 3 years. Any vacancy shall be filled by ap ceived some questions about the opera pointment for the unexpired term. The fore, the Department of Justice wants tion of New Hampshire's unique educa members shall serve until their successors are Congress to enact new laws which will appointed and qualified. No member of condemn States and political subdivisions tional fundraising operation known as the New Hampshire Sweepstakes. To the commission shall have any pecuniary of States without trial, without notice, or other Interest in any licensee licensed without an opportunity to be heard, and day, as part of my continuing effort to under the provisions of this chapter to con without evidence. place the facts surrounding the sweep duct a sweepstakes race. That is precisely the argument which stakes before the Senate, in order to have 284:21-b Organization: The commissioners the lynch mob uses. The mob says, my amendment considered on its own shall select one from their number to be merits, I would like to place in the chairman and another to be secretary of the "We know this man is guilty. If we let RECORD some information about the commission. Two of the members of the the courts first determine his guilt, it will statutory authority and the operation of commission shall constitute a quorum to do delay justice. Therefore, we will deal business. I·t shall be .the duty of the secre with him without a trial." the New Hampshire Sweepstakes. tary to keep a record of all proceedings of The pending measure is an affront to To begin with, the New Hampshire the commission and to preserve all books, constitutional government. It is an af Sweepstakes were authorized by State documents, papers, and records addressed to front to f airplay. If the measure were law. This law, chapter 52 of the New its care. Hampshire laws of 1963, was enacted by 284:21-c Bond: Members of the commis to be enacted and accepted as a precedent both houses of a Republican-controlled sion shall give bond to the State in such by Congress for future legislation, and legislature as a result of hard work by a amount as shall be determined under the the courts were to depart so far from the provisions of RSA 92-2 (supp) as amended plain language of the Constitution and great Democratic legislator, Hon. Larry by 1957, 296:1. from all their previous decisions as to Picket, of Keene, N.H., and then signed 284:21-d. Compensation: Ea.ch member of uphold the measure in its essential pro into law by a Democratic Governor, Gov. the commission shall receive a sa1ary of visions, constitutional government would John King. The law specified the uses $2,400 per year and shall be allowed his rea to which proceeds of the sweepstakes sonable expenses, including transportation, be at an end in America. We should incurred in the performance of his duties to then have reached the sad day which was could be put. I read from RSA section 284: 21-j the be audited and allowed by the Governor described by a great American lawYer and and council. a great U.S. Senator, Daniel Webster, key provision relating to use of proceeds. 284:21-e Office: The commission shall have in these tragic but true words: After payment for prizes and adminis an office In Concord. tration, this section reads: Other misfortunes may be borne, or their 284 :21-f Disbursements: The compensa effects overcome. If disastrous wars should Any balance remaining from such proceeds tion of the commissioners, expenses of the sweep our commerce from the ocean, another shall be paid to the State treasurer who shall commissioners, compensation of assistants generation may renew it; if it exhaust our keep the same in a separate fund which shall and other necessary expenses of the commis Treasury, future industry may replenish it; be paid on December 15 of each year to sion, including suitable furniture, equip if it desolate and lay waste our fields, still, the school districts of the State on a ment, supplies and office expense shall be under a new cultivation, they will grow fiat grant per resident pupil basis. Such charged to and paid out of the funds received green again, and ripen to future harvests. grants shall be used for educational pur under the provisions of this subdivision, It were but a trifte even if the walls of poses and no part of such special fund shall provided that no payment shall be made un yonder Capitol were to crumble, if its lofty be diverted, by transfer or otherwise, to any til sufficient money has been received under pillars should fall, and its gorgeous decora other purposes whatsoever. the provisions of this subdivision to cover said payments. tions be all covered by the dust of the valley. I point out at this time, and I intend All these may be rebuilt. 284 :·21-g Report of the commission: The But who shall reconstruct the fabric of to go into greater detail on this point at commission shall make an annual report to demolished government? some later date, that all funds which the Governor on or before the first day of Who shall rear again the well-proportioned must go toward the payment of the Fed February in each year, including therein an columns of constitutional liberty? eral excise tax come out of this remain account of its actions, receipts derived under Who shall frame together the skillful ing balance for educational purposes. the provisions of this subdivision, the prac architecture which unites national sover Thus repeal of the excise tax would not tical effects of the application thereof, and eignty with the State rights, individual any recommendation for legislation which in all probability result in increasing the commission deems advisable. security, and public prosperity? prizes, nor costs of administration, but No, if these columns fall, they will be 284 :21-h Authorization: The sweepstakes raised not again. Like the Colosseum and the would have as its primary result the in commission is hereby authorized to contract Parthenon, they will be destined to a mourn crease of the moneys available for educa with any licensee to conduct, within the ful and melancholy immortality. Bitterer tional purposes. enclosure of any race track of a licensee tears, however, will fiow over them than were To get back to the statute, however, I where there ls held a race or race meet li ever shed over the monuments of Roman or believe that its language may be useful censed and conducted under this chapter, Grecian art; for they will be the monuments in understanding just how the sweep but not elsewhere, to conduct not over two of a more glorious edifice than Greece or stakes operates. Thus, I ask unanimous sweepstakes races in each calendar year. Rome ever saw-the edifice of constitutional Tickets for such sweepstakes shall be sold American liberty-(Danlel Webster, 1832) . consent to have printed at this point in by the sweepstakes com~nission, suet. sales the RECORD a copy of chapter 52, laws of to be made only within such enclosure and in I yield the floor. 1963. · Stat.e liquor stores: The State liquor com- May 21, 1965 CONGRESSIONAL RECORD - SENATE 11221 mission is hereby directed to cooperate with 52:3 Takes effect: This act shall take effect Answer. The legislature appropriated the sweepstakes commission in the sale of 60 days after its passage. $250,000 from the general fund of the State. tickets in State liquor stores; and proceeds Approved April 30, 1963. The sweepstakes commission used only of ticket sales shall be remitted by the State Effective date June 29, 1963. $85,360.36 to initiate the program and this liquor commission to the State treasurer for amount was repaid to ·the general fund disposition as hereinafter set forth. Mr. McINTYRE. Mr. President, with within a few weeks after the sale of tickets 284:21-i Rules and regulations: The sweep a copy of the authorizing statute before started. stakes commission shall make the rules and us, we may be able to come to the ques 3. Question. What were the results of the regulations for the holding and conducting tion of just how the sweepstakes oper local option voting of the cities and towns of such sweepstake races and the sales of ates. The New Hampshire Sweepstakes on March 10, 1964? tickets thereon not inconsistent with this Commission has published a very useful, Answer. Registered voters of each city and subdivision and shall be empowered to em town voted by special ballot as to whether and brief, compilation of general infor they desired sweepstakes tickets sold in their ploy such technical assistants and employees mation about its actiVities, entitled "New to carry out the provisions of this subdivision respective communities. The people voted as the Governor and council shall authorize. Hampshire Sweepstakes Program/An in a majority of almost 4 to 1 in favor of the Such assistants and employees shall receive Aid to Education." This little pamphlet sweepstakes program. Only 12 towns of a compensation at rates to be established by contains 43 questions and answers about total of 237 cities and towns in New Hamp the personnel commission. The sweepstakes the operations. shire voted against the program. The popu commission shall establish and fix the purses, Of particular relevance to the amend lation of these towns is less than 2 percent not exceeding in the aggregate for a single ment which I intend to offer are the of the total population of the State. All of calendar year the sum of $200,000, to be answers to questions 38 and 39, dealing the cities and towns with a State liquor store awarded horses in said sweepstakes races; or licensed race track voted in favor of the shall establish the price, to be not more than with the Federal wagering tax. I would program. . $3 each, for which tickets upon said sweep like to read from the answer to question 4. Question. When did tickets go on sale stakes shall be sold; shall establish the 38, dealing with the position of the State for the first time? · method whereby tickets sold upon said sweep of New Hampshire with respect to the Answer. Tickets were sold at Rockingham stake races shall be determined to be win wagering tax. It states: Park race track for the first time on the ning tickets; and shall establish the money evening of March 12, 1964. Gov. John W. There are a number of legal reasons why King purchased the first ticket bearing No. or prizes to be awarded holders of winning the sweepstakes commission feels this tax tickets. 0000001. The ticket-dispensing machines was unlawfully imposed, but our basic con were installed in the State liquor stores dur 284:21-j Disposition of proceeds: Notwith tention is that our sweepstakes program, standing the provisions of RSA 6:11, the ing the week of March 23, 1964, and these whose net proceeds are distributed to public installations were completed by March 31. sweepstakes commission shall hold the pro education, is a revenue-producing measure ceeds of ticket sales in a special fund, from of the sovereign State of New Hampshire and, POLIC!ES AND PROCEDURES which it shall pay expenses incident to the therefore, not properly taxable by the Fed 5. Question. Will mail orders for tickets be administration of this subdivision, such ex eral Government; further, the Federal wager accepted? penses to include, but not be limited to, the ing tax statute makes spec1flc exemption for Answer. Mail orders for tickets will not be expenses incurred in the printing, distribu parimutuel racetracks licensed under State accepted by the commission. Many letters tion and sale of tickets, the purses awarded law, and is so drafted as to exempt other enclosing cash and checks for the purchase horses, the prize money awarded the holders forms of gambling permitted by State law of tickets have been received and in all in of winning tickets, as well as the net ex as a source of State revenue, as in Nevada. stances have been returned to the senders. pense-incurred by the licensee necessary and U.S. postal regulations prohibit the use of incidental to the conduct of said races. Any While the Treasury seems to thus take the mails in the purchase of tickets. balance remaining from such proceeds shall a particularly dim view of the treatment 6. Question. Are members of the sweep be paid to the State treasurer who shall keep of the funds raised by the State of New stakes commission or its staff eligible for the same in a separate fund which shall be Hampshire for educational purposes, prizes? paid out on December 15 of each year to the Answer. No, the sweepstakes commission school districts of the State on a flat grant there is a conflict with other Treasury has adopted a policy that no member of the per resident pupil basis. Such grants shall decisions on the sweepstakes relating to commission or the staff is eligible for a prize. be used for educational purposes and no its use by profitmaking firms. To quote 7. Question. Is it permissible for minors to part of said special fund shall be diverted, from the answer to question 39: purchase tickets? by transfer or otherwise, to any other pur Sweepstakes tickets are ideal gifts for all Answer. Tickets will not be sold to persons pose whatsoever. occasions. Internal Revenue has ruled that under the age of 21. The same restriction 284:21-k Local option: The following ques the cost of sweepstakes tickets purchased by prohibits minors from purchasing liquor or tion shall be submitted to the voters in cities business firms as promotional items for cus attending racetracks in New Hampshire. and towns on the usual ballot at the biennial tomers· is a deductible expense on their in 8. Question. Can tickets be purchased in election in November of 1966 and at each come tax returns. the name of a minor? biennial election thereafter: "Shall sweep Answer. It is permissible for an adult to stakes tickets be sold in this city or town?" Mr. President, this hardly seems like purchase a ticket in the name of a minor. If a majority of the qualified voters present consistent treatment, and certainly does 9. Question. Where are sweepstakes tickets and voting at any biennial election of a city take the steam out of certain arguments sold? or town signifies disapproval of the above advanced by the Treasury which are Answer. Tickets are sold only in New question, the sweepstakes commission shall based solely on opposition to the concept Hampshire at State liquor stores and licensed not sell tickets under the provisions of this racetracks. There are 49 State liquor stores of sweepstakes. But I intend to discuss and three licensed parimutuel racetracks; subdivision in said city or town. some of the Treasury arguments at a If a majority of the qualified voters present Rockingham Park Race Track, Salem, N.H.; and voting at any biennial election of a city later date and so I will not continue along Hinsdale Raceway, Hinsdale, N.H.; and Gold or town signifies approval of the above ques this line today. Spring Park, Rochester, N.H. Tickets are tion, the sweepstakes commission shall, if Mr. President, I ask unanimous con sold at Rockingham Park Race Track possible under the other provisions of this sent that the pamphlet "New Hampshire throughout the year, irrespective of whether subdivision, sell tickets in said city or town. Sweepstakes Program/An Aid to Educa a race meet ls in session. The public will be 284:21-1 Effect on other laws: All acts and tion," ·be printed at this point in the advised in the event the 1965 New Hampshire parts of acts inconsistent with the provisions Legislature should authorize additional out RECORD. . lets for the sale of tickets. of this subdivision are :1ereby amended to the There being no objection, the pamphlet extent of the provisions of this subdivision. 10. Question. What is the cost of a sweep- was ordered to be printed in the RECORD, stakes ticket? 52:2 Interim local option: The following Answer. $3. question shall be submitted to the voters in as follows: NEW HAMPSHIRE SWEEPSTAKES PROGRAM 11. Question. How are the tickets sold? all cities and towns on a special ballot pre Answer. They are sold from specially de- pared by the secretary of state at the presi BACKGROUND signed ticket-dispensing machines. The dential preference primary to be held on the 1. Question. When was the sweepstakes tickets themselves remain in the machines, second Tuesday in March in ·1964: "Shall program established? and the purchaser receives an acknowledg sweepstakes ticket_s be sold in this city or Answer. Gov. John W. King signed the b111 ment which ts ejected from the machine. town?" The provisions of 284:21-k as in legalizing the sweepstakes program on Aprll The acknowledgment need not be retained or serted above by this act authorizing the 30, 1963, and it became law 60 days there presented 1n order to participate in prizes. sweepstakes commission to sell tickets or after. It is not a claim on a prize or a document prohibiting the sale of tickets shall be ap 2. Question. How much money was appro of title. Both the tickets and acknowledg plicable to the results of the vote in cities -priated by the legislature to initiate this ments are printed on NCR (no carbon re and towns provided for by this section. program? quired) paper, specially manufactured for 11222 CONGRESSIONAL RECORD- SENATE May 21, 1965 the New Hampshire Sweepstakes Commis throughout the State of New Hampshire are Answer. Public drawings were held at sion and incorporating numerous safety fea- also cooperating in the program and receive Rockingham Park racetrack, Salem, N .H., on tures. · daily deposits of tickets and funds from each July 15-16, July 29-30, and September 9, 12. Question. Is a name and address re of the selllng locations. 1964. The drawing on July 15-16 was for the quired on the sweepstakes ticket? 19. Question. What security is provided for first million dollars worth of tickets sold Answer. Yes, the purchaser prints a name the sold tickets after they are deposited in from March 12 to May 29, the drawing on and address on each ticket and receives an the area bank? July 29-30 for the second m1llion dollars acknowledgment of purchase. This acknowl Answer. The sold tickets are placed in the worth of tickets sold from May 29 to July 8 edgment contains the name and address vault area of the area bank where they re and the drawing on September 9 for tickets and ticket number. The acknowledgment main until they are microfilmed by sweep sold from July 8 until September 7, the final is nonsalable and nontransferable, and stakes commission employees. Thereafter date of sales. prizes are awarded on the basis of the name they are transported to the Merchants Na 26. Question. What were the mechanics of and address on the ticket which remains tional Bank in Manchester where they re these drawings? in the ticket-dispensing machine. For this main in vault storage until time for the pub Answer. At each of the first two drawings reason the use of noms de plume is dis lic drawings. The principal reason for micro there was a single large plexiglass drum, elec couraged, since a winner who has used a nom filming the tickets is to insure against any trically rotated, containing the sweepstakes de plume may experience difficulty in pro mishap that might occur in the transporta tickets, and a small drum containing the viding acceptable identification and there tion of the sold tickets from the area bank to names of the 332 horses nominated for the after cashing his prize. The number that is Merchants National Bank. race. The name of a horse was drawn and on the ticket and the acknowledgment is 20. Question. How will the prize be pa.id 1f thereafter a sweepstakes ticket was drawn. there for accounting and internal control a sweepstakes ticket is made out in more The ticket was thereby matched with the purposes and is not the basis for payment than one name? horse. This process was repeated until a of prize. · Answer. While the sweepstakes ticket is sweepstakes ticket had been drawn and 13. Question. Is it possible for a person designed for only one name, the prize will be matched with each of the 332 horses. In the to purchase a ticket in the name of an paid to whatever name or names appear on drawings on September 9, 1964, there were 4 other? the ticket; for example, James Jones and large drums containing sweepstakes tickets. Answer. A person may purchase a ticket family; John and Mary Roe; Henry Smith The name of a horse was drawn from the in the name of another. For example, if the and others. small drum and thereafter a ticket from each purchaser wishes to buy a ticket for a rela 21. Question. How are prizewinners noti of the 4 large drums, thereby matching them tive or friend, he may do so by printing the fied and paid their prizes? with that horse. As in the July drawings, name and address of such person and only Answer. Immediately after the drawings this process was repeated until tickets from the named person will be eligible for a prize. each winner is notified by telegram. After each of the 4 drums had been drawn and the race has been run, the prize winnings matched with the 332 horses. There was a 14. Question. Is it permissible to buy a are deposited at the Merchants National complete series of prizes starting with $100,- ticket in the name of a social, business, char Bank, Manchester, N.H., to the names and 000 for each m1llion dollars worth of tickets itable, or religious organization? addresses of the winners. The prizewinners sold, and in the 1964 sweepstakes there were Answer. A ticket may be purchased in the are thereafter paid through normal commer six complete series of prizes. name of any of the above described organiza cial bank channels. This is true of both New 27. Question. How many prize winners tions, and any prize would be paid to such Hampshire and out-of-State winneTs. Of were there in the 1964 sweepstakes program? organization as its name appears on the course, a prizewinner may appear at the Answer. There were 1992 prize winners ticket. bank in person to claim his prize. who shared $1,800,000 in prizes. The prize 15. Question. May tickets be purchased by 22. Question. Is the amount of prize win winners were from 37 Staites, the District of persons who do not reside in New Hamp nings determined by the drawings? Columbia, Canal Zone, Ireland, and Canada. shire? Answer. The drawings are used to draw 28 . . Question. What was the purse for the Answer. Nonresidents may purchase tick tickets at random and match them with all 1964 sweepstakes race? ets in New Hampshire art the authorized loca horses nominated for the race. The amount Answer. The purse for the 1964 sweep tions either in their own names or the names of the prizes is determined by whether the stakes race was $125,000 added. The word and addresses of others. horse runs in the race and, if so, where it "added" means that all of the nominat 16. Question. Is there any limit to the finishes. At the time the drawings are con ing, entry and starting fees are added to number of tickets which may be purchased? ducted, the identities of the horses that will the purse. The total purse for the 1964 race Answer. A purchaser may buy only 10 tick run in the race are not known; however, every amounted to $144,820. There were 332 ets at any one time through the ticket ticket drawn and matched with a horse horses nominated for the race and 11 horses dispensing machines. This policy was adopt nominated for the race wins a minimum of actually ran. ed by the commission to prevent a machine several hundred dollars. 29. Question. What horses shared in the from being tied up for an undue period of CONSOLATION PRIZE purse for the 1964 race? time where a purchaser ls buying tickets in Answer. The first four horses finished as quantities of more than 10, and where there In the 1965 sweepstakes there will be 100 follows: is a line of persons desiring to buy tickets. consolation prizes for each $1 million worth In the event a person wishes to purchase of tickets sold. These prizes will be $150 1. Roman Brother, 65 percent______$94, 133 more than 10 tickets, he may do so by .re each if not over 3 million tickets are sold 2. Knightly Manner, 20 percent____ 28, 964 turning to the attendant and purchasing the and $200 each if over 3 million tickets are 3. Purser, 10 percent______14, 482 additional tickets, not to exceed 10 at a given sold. After the tickets have been drawn and 4. Phantom Shot, 5 percent______7, 241 time. The ticket-dispensing machine may matched with all horses nominated for the 30. Question. Whait .amount was realized be activated for no more than 10 tickets at race, an additional 100 sweepstakes tickets from the 1964 sweeps·takes program for dis one time. Special arrangements have been will be drawn from each drum as consolation tribution to public ed.ucation? made for volume purchases where a quantity prizes. The owners of these tickets will each Answer. The net proceeds amounted to $2,- of tickets is desired. win either $150 or $200, depending upon the 768,088.59. The State treasurer distributed 17. Question. What are the arrangements total number of tickets sold. these proceeds on December 15, 1964, to all 23. Question. What determines whether a for volume purchases? of the St~e school districts on a flat grant Answer. There are volume sales windows at horse will run in the race? per resident pupil basis. This amounts to Rockingham Park Racetrack, Salem, N .H. Answer. This is a decision of the horse $24.15 per pupil. Purchasers can submit lists of names and owner who has nominated his horse for the 31. Question. What were the expenses for addresses at these windows and sales clerks race. If he pays the entry and starting fees the 1964 sweepstakes program, and what was will process the tickets through an electric he can have his horse run. in the race. He the distribution of the gross proceeds on a typewriter that has a special attachment on will not pay these additional fees unless he percentage basis? believes his horse has a reasonable chance of the carriage. Persons or organizations d.e Answer. The expenses totaled $583,415.63. sharing in the purse. For the 1965 sweep siring to purchase tickets in volume may de This includes the $100,000 contributed as the sire to contact the sweepstakes commission stakes race, the nominating !ee is $10, the entry fee $1,000 and the starting fee $1,500. State's share of the purse for the race plus at its office in Concord;N.H. $125,091.28 paid to the liquor commission for All horses must be nominated by March 1, the sale of tickets by their personnel. The 18. Question. Is electronic data processing 1965. The invitations have been sent out equipment used to account for the tickets by the New Hampshire Jockey Club to horse percentage breakdown is as follows: and funds? owners throughout the Nation. Percent Answer. The Merchants National Bank, THE 1964 SWEEPSTAKES PROGRAM Education------48.2 Sl.4 Manchester, N.H., is the clearinghouse bank 1 ExpensesPrizes------______10.2 to receive, process, and record all tickets and 24. Question. How many tickets were sold for the 1964 sweepstakes race? funds, as well as to provide vault storage Federal wagering tax, including tax Answer. A total of 1,910,031 sweepstakes stamps------10.2 for the tickets. This bank has the most tickets, representing $5,730,093 were sold modern type of electronic data processing from March 12 to September 7, 1964. THE 1965 SWEEPSTAKES PROGRAM equipment; daily computer reports account 25. Question. How many drawings were 32. Question. When did tickets go on sale for the sale of tickets at each location. Banks held in the 1964 sweepstakes program? for the 1965 sweepstakes? May 21, 1965 CONGRESSIONAL RECORD- SENATE 11223 Answer. Tickets for the 1965 sweepstakes tickets. There are a number of legal rea NOMINATIONS went on sale at Rockingham Park and Hins sons why the sweepstakes commission feels dale Raceway on September 8, 1964, and at this tax was unlawfully imposed, but our Executive nominations received by the the 49 State liquor stores on September 9, basic contention is that our sweepstakes Senate May 21, 1965: 1964. program, whose net proceeds are distributed ALTERNATE GOVERNOR OF INTERNATIONAL 33. Question. When will the drawings be to public education, is a revenue producing MONETARY FuND held in 1965? measure of the sovereign State of New Hamp Answer. It is possible that the first million shire and, therefore, not properly taxable by Thomas C. Mann, of Texas, to be U.S. Alter dollars worth of tickets sold will be drawn the Federal Government; further, the Fed nate Governor of the International Monetary in March or April 1965. Other drawings will eral wagering tax statute was intended to Fund for a term of 5 years. probably take place in July and August. identify illegal bookmakers and tax their INTERNATIONAL BANK FOR RECONSTRUCTION The number of drawings will depend on the gross income. This Federal statute makes AND DEVELOPMENT volume of ticket sales for the 1965 race. The specific exemption for parimutuel race tracks Thomas C. Mann, of Texas, to be U.S. Alter public will be notified in advance of each licensed under State law, and is so drafted nate Governor of the International Bank for drawing. as to exempt other forms of gambling per Reconstruction and Development for a term 34. Question. Will the drawings be held in mitted by State law as a source of State of 5 years. the same manner as for the 1964 sweepstakes? revenue, as in Nevada. Answer. The mechanics of the drawings 39 . .Question. Have business firms pur will be the same except for the consolation chased tickets as gifts for their employees prizes which have been added to the 1965 or as promotional items for their customers? CONFIRMATIONS prize schedule. After tickets have been drawn Answer. Yes, a number of firms have done Executive nominations confirmed by and matched with all horses nominated for this. In fact, sweepstakes tickets are ideal the Senate May 21, 1965: the race, there will be 100 tickets drawn gifts for all occasions. Internal Revenue has from each drum as consolation prizes. ruled that the cost of sweepstakes tickets FOREIGN CLAIMS SETTLEMENT COMMISSION 35. Question. How many prizes will there purchased by business firms as promotional Lavern R. Dilweg, of Wisconsin, to be a be and in what amounts for the 1965 sweep items for customers is a deductible expense member of the Foreign Claims Settlement stakes? on ·their income tax returns. Commission of the United States for a term Answer. Depending on the number of 40. Question. Are the tickets and ac of 3 years from October 22, 1964. tickets sold, there will be thousands of prizes knowledgments printed on safety paper? DEPARTMENT OF JUSTICE ranging up to as high as $100,000. A com Answer. Safety paper is specially manu factured for the New Hampshire Sweepstakes Fred Moore Vinson, Jr., of Maryland, to be plete series of prizes will be awarded for an Assistant Attorney General. each million dollars of gross revenue. Each Commission and printed by Royal Business Forms, Nashua, N.H., with several additional Edwin L. Weisl, Jr., of New York, to be an series will consist of as many prizes as there Assistant Attorney General. have been horses nominated, plus 100 con safety features. Since the tickets, on which solation prizes. The sweepstakes commission all prizes will be based, remain in the pos Don J. Young, of Ohio, to be U.S. district session of the commission, it is impossible for judge for the northern district of Ohio. will award in prizes 35 percent of the total James E. Doyle, of Wisconsin, to be U.S. gross revenue where not over 3 million tickets counterfeit tickets to enter the system. The tickets are in continuous form in consecu district judge for the western district of are sold and 40 percent if over 3 million Wisconsin. tickets are sold. Prizes for each series will tive numbers and this feature provides in be awarded as follows: ternal safeguards, quick accoun.tab111ty, and Lawrence Gu'bow, of Michigan, to be U.S. expeditious filing. attorney for the eastern district of Michigan Owner of ticket on winning horse __ $100,000 41. Question. What does the staff of the for the term of 4 years. (He is now serving Owner of ticket on second horse __ _ 50,000 sweepstakes commission consist of at the in this office under an appointment which Owner of ticket on third horse ___ _ 25,000 present time? expired Mar. 16, 1965.) Owner of ticket on fourth horse___ _ 12,500 Answer. The staff consists of the follow Newell A. George, of Kansas, to be U.S. Owners of tickets on other starters ing employees: executive director, executive attorney for the district of Kansas for the share in a pool oL------ 27,500 officer in charge of field operations, executive term of 4 years. (He is now serving in this Owners of tickets on nonstarters officer in charge of systems control, 4 su office under an appointment which expired share in a pool of: pervisors, 2 assistant supervisors, 4 main Mar. 28, 1965.) If not over 3 million tickets are tenance repairmen, 2 stenographers, 1 Ernest W. Rivers, of Kentucky, to be U.S. sold ------120,000 accountant, and a clerk-typist for a total of attorney for the western district of Kentucky If over 3 million tickets are sold. 165,000 17 persons. Sales of tickets at the race for the term of 4 years. Joseph P. Hoey, of New York, to be U.S. CONSOLATION PRIZES tracks are handled by sales clerks employed by the sweepstakes commission on a tem attorney for the eastern district of New For each million dollars of tickets sold, York for the term of 4 years. (He is now there will be 100 consolation prizes. porary basis. Persons selling tickets at the State liquor stores are employees of the New serving in this office under an appointment If not over 3 mllllon tickets are sold, 100 which expired Apr. 13, 1965.) prizes of $150 each. Hampshire State Liquor Commission. 42. Question. What did the sweepstakes W. Arthur Garrity, Jr., of Massachusetts, If over 3 mlllion tickets are sold, 100 prizes commission pay the State liquor commission to be U.S. attorney for the district of Massa of $200 each. for the sale of sweepstakes tickets at their chusetts for the term of 4 years. (He is now 36. Question. What ls the purse for the locations for the 1964 sweepstakes? serving in this office under an appointment 1965 sweepstakes race? Answer. The State liquor commission was which expired Apr. 12, 1965.) Answer. The purse for the 1965 race is paid $125,091.28 for its services. Raymond J. Pettine, of Rhode Island, to be $250,000 added. The sweepstakes commis 43. Question. What are the principal ob U.S. attorney for the district of Rhode Island sion is contributing $200,000 and Rocking jectives of the sweepstakes commission? for the term of 4 years. (He is now serving ham Park race track $50,000. The nominat Answer. The principal objectives are to in this office under an appointment which ing, entry, and starting fees are added to establish an honest, efficient, workable pro expired Apr. 13, 1965.) these amounts. The 1965 sweepstakes race gram that will encourage and promote the Miles W. Lord, of Minnesota, to be U.S. will be the richest race for 3-year-olds in sale of tickets, thereby providing substan attorney for the district of Minnesota for the world. tial revenue for public education. the term of 4 years. (He is now serving in 37. Question. When will the 1965 sweep this office under an appointment which ex stakes race be held? Mr. McINTYRE. Now, Mr. President, pired Apr. 13, 1965.) Answer. The 1965 sweepstakes race will be I feel that the RECORD is complete as to Edward F. Boardman, of Florida, to be run at Rockingham Park race track in Sep the legal authority for the sweepstakes U.S. attorney for the middle district of Flor tember 1965. The exact date will not be and its method of operation. In the days ida for the term of 4 years. (He is now serv known until the dates of the thoroughbred to come, I hope to examine in greater de ing in this office under an appointment which racing season for 1965 at Rockingham Park expired Apr. 13, 1965.) are decided. These dates will not be known tail the arguments for the adoption of my F. Russell Millin, of Missouri, to be U.S. until the early part of 1965. amendment to the excise tax reduction attorney for the western district of Missouri bill. for the term of 4 years. (He is now serving GENERAL INFORMATION . in this office under an appointment which 38. Question. Has the sweepstakes com expired Mar. 28, 1965.) mission contested the ruling of Intemal ADJOURNMENT TO MONDAY Justin J. Mahoney, of New York, to be U.S. Revenue as to the 10 percent Federal wager Mr. HART. Mr. President, under the attorney for the northern district of New ing tax? previous order, I move that the Senate York for the term of 4 years. (He is now Answer. The State Joseph P. Kinneary, of Ohio, to be U.S. U.LINOIS NEW MEXICO attorney for the southern district of Ohio Shirley J. Weaver, Carbon Cliff. Betty C. Ortega, Prewitt. for the term of 4 years. (He is now serving John D. Frye, Cissna Park. NEW YORK in this office under an appointment which Donald W. Benbrook, Long Point. expired May 15, 1965.) William H. Roberts, Blossvale. Joseph E. Cavalier, Maywood. Rose M. Hogle, Clinton Corners. Lawrence M. Henry, of Colorado, to be U.S. George R. Kohlmiller, Moro. attorney for the district of Colorado for the Lynn A. Harris, Morris. terttl. of 4 years. (He is now serving in this INDIANA Elizabeth D. Baker, Setauket. office under an appointment which expired James R. Zoll, Bluffton. William W. Thomas, Stittville. May 1, 1965.) Robert L. Lewis, Campbellsburg. Vincent J. Boccalini, Valley Cottage. Harold D. Beaton, of Michigan, to be U.S. M. Melberta Clerget, Chalmers. NORTH CAROLINA attorney for the western district of Michigan Howard E. Schwartz, Craigville. Marvin A. Rivenbark, Currie. for the term of 4 years. Robert W. Rushton, Monrovia. Frank Ramsey, Marshall. John Terrill, of Wyoming, to be. U.S. Virgil F. Morris, Jr., New Ross. E. June Martin, Jr., Mount Olive. marshal for the district of Wyoming for the Verl L. Gray, Sidney. William R. Ray, Nakina. term of 4 years. (He is now serving in this Herbert E. Raymond, West Newton. OHIO office under an appointment which expired IOWA ·April 13, 1965.) Clarence S. Braun, Coldwater. William E. Rhoten, Carlisle. Ruth L. Hudson, Dunbridge. E. Herman Burrows, of North Carolina, Dennis S. Brannan, Coon Rapids. to be U.S. marshal for the middle district of Eugene Bailey, Franklin Furnace. Merton V. Johnson, Grinnell. Lloyd 0. Smith, Little Hocking. North Carolina for the term of 4 years. (He Kenneth P. Reed, New Virginia. is now serving in this office under an ap Beverly J. Neighbor, Thurston. Howard J. Hughes, Norwalk. OKLAHOMA pointment which expired April 17, 1965.) Thomas L. McDermott, Oto. Paul D. Sossamon, of North Carolina, to be Gladys E. Pomeroy, Pacific Junction. Winton L. Cox, Boise City. U.S. marshal for the western district of Roger E. McCormick, Renwick. Geraldine L. TUxhorn, Helena. North Carolina for the term of 4 years. (He Oliver W. Goldsmith, Salem. William I. Rains, Krebs. is now serving in this office under an ap Joseph R. Gamble, Spirit Lake. Dorothy W. Orr, Mill Creek. pointment which expired April 17, 1965.) Maurice A. Clemens, West Point. Herbert W. Laird, Olustee. Francis M. Wilson, of Missouri, to be U.S. John H. Petersen, Wyoming. William J. Hutcheson, Waurika. marshall for the western district of Missouri OREGON KANSAS for the term of 4 years. (He is now serving Arnold W. Wheeler, Hood River. in this office under an appointment which Philip E. Travis, Eskridge. expired April 13, 1965.) Blanche L. Bell, Isabel. PENNSYLVANIA Olin N. Bell, of ·Missouri, to be U.S. marshal J. Ernestine Cannon, Latham. William F. Jung, Baden. for the eastern district of Missouri for the KENTUCKY David E. Best, Callensburg. term of 4 years. (He is now serving in this Richard C. McLaughlin, Corry. Robert L. Collier, Crittenden. Margery B. Lehman, Duke Center. office under an appointment which expired James 0. Clark, Newport. April 13. 1965.) Nicholas C. Nachman, East Springfield. George A. Bayer, of Alaska, to be U.S. mar LOUISIANA Eslie L. Emerson, Genesee. shal for the district of Alaska for the term M. Mildred Thomas, Spearsville. Adeline M. Waters, Gifford. William H. Couch, Greenville. of 4 years. (He is now serving in this office MAINE under an appointment which expired Hazel I. Suain, Hazel Hurst. April 13, 1965.) Donald S. Bradstreet, Albion. Russell R. Weaver, Jackson Center. Colby A. Davis, Canton. Covell H. Meek, of Iowa, to be U.S. marshal Charles M. Griffith, Mahaffey. Everett B. Lenentine, Monticello. William F. Farrell, Middleport. for the northern district of Iowa for the Robert L. Sutherland, Portage. term of 4 years. (He is now serving in this Donald J. Bogert, North East. office under an appointment which expired MARYLAND James T. Rorke, Northumberland. April 13, 1965.) Ralph H. Barrett, Blandensburg. Thomas H. Beagle, Riverside. Joseph N. Tierney, of Illinois, to be U.S. Stanley C. Day, Jr., Randallstown. Allen Adam Kleintop, Saylorsburg. William K. Whiteford, Shiremanstown. marshal for the northern district of Illinois Alice I. Baker, St. James. William J. Shields, Tidioute. for the term of 4 years. (He is now serving MICHIGAN in this office under an appointment which William M. Pickens, Tionesta. expired April 13, 1965.) Dorothy M. Carrington, Bay Port. Walter S. Morrison, Jr., Transfer. Donald F. Seiser, Deerfield. Charles W. Plunkett, Turtlepoint. POSTMASTERS Nellie M. Canfield, Mulliken. Florence E. Miller, Utica. ALABAMA Helen H. DeVol, Old Mission. Morris F. Good, Williamsport. J.B. Skates, Bessemer. Edward A. Chorman, Sparta. Carlton I. Olsen, Youngsville. Ralph L. Newsom, Georgiana. MINNESOTA PUERTO RICO Agnes J. Thompson, Midway. Marian L. Peterson, Afton. Helga Franco-Cabrero, San Sebastian. COLORADO Thomas E. Devine, Belle Plaine. RHODE ISLAND Claudius E. Allbee, Alamosa. Edward E. Groff, Clarks Grove. Hector J. Fontaine, Jr., Woonsocket. Frank P. Blatnik, Duluth. Ole H. Lee, Arriba. SAMOA Hattie A. Myers, Association Camp. Genevieve K. Billiet, Nassau. Hilma J. Madison, Cope. Daniel R. Culhane, Rushford. Jane T. Uhrle, Pago Pago. Lauren E. Julius, Evergreen. Delbert E. Lutterman, Sherburn. SOUTH CAROLINA Frederick M. Struck, Fort Lupton. MISSISSIPPI Ray D. Martin, Pelion. Wilbur D. Kaufman, Genoa. Raoul K. Read, Louin. SOUTH DAKOTA Carroll E. Byerrum, Grand Valley. Walter F. Turcotte, Jr., Waveland. Clifford E. Anderson, Grover. John H. Schroeder, Plankinton. Margaret S. Willits, Haswell. MISSOURI TENNESSEE James W. Casteel, Holly. John E. Daniels, Kirksville. John C. Shelton, Charletson. Cletus M. Gilleland, Manassa. David A. Hoverson, St. Joseph. Geraldine G. Carpenter, Corryton. Goldie L. Simpson, Monument. Henry A. Tucker, Stockton. James C. Tyner, Dunlap. Velda F. Tucker, Snowmass. W. Kent Weigman, Weston. Gerald M. Short, Hornbeak. FLORIDA MONTANA Willis R. Byrd, Sneedville. Donald P. Totman, Apalachicola. Jean F. Pedersen, Lolo. TEXAS Nels 0. Peterson, Nashua. Fayteen Moorhouse, Benjamin. GEORGIA NEBRASKA Gld R. Davidson, Brazoria. Harry L. King, Brinson. Cloyce W. Floyd, Dawson. Lois I. Huffer, Mom.~oe. R. Lester Wall, Columbus. Glen A. McDonald, Friendswood. Clifford A. Pickens, Fitzgerald. NEVADA Milburn B. Holmes, Joaquin. Lindsey H. Epps, Marietta. Ardith C. Burrell, Crystal Bay. Crook T. Waller, Kermit. Fred L. Cowart, Metter. Lisa A. Butters, Tuscarora. Gladys G. Trantham, Needville. Helen M. O'Hearn, Parrott. NEW JERSEY Hubert J. Moseley, Rochelle. Ernest L. O'Brien, Surrency. E. Nathan Eldridge, Wylie. Lemuel C. Earley, Lakehurst. Chester C. Alderman, Valdosta. Paul B. Foster, Yantis. Theodore J. Hirst, Lincroft. IDAHO William L. Krieger, Maplewood. UTAH Paul M. Thornton, Clark Fork. William L. Rose, Montclair. G. Vernal Seamons, Hyde Park. Margens S. Altom, Oakley. Robert W. Kidd, Jr., Penns Grove. Myrtle H. Davis, Mexican Hat. May 24, 1965 CONGRESSIONAL RECORD - HOUSE 11225 VERMONT be patriotic in peacetime and jealous of MESSAGE FROM THE SENATE Timothy M. Donahue, Jr., Northfield. those freedoms we have left. We want A message from the Senate by Mr. VIRGINIA God put back in first place in America. Arrington, one of its clerks, announced Mary C. Trainham, Beaverdam. Thank You for our 1,300,000 members that the Senate had passed without Elbert J. Johnson, Jr., Bristol. of the VFW. We hallow the memory of amendment a joint resolution and a con Thomas C. Emory, Chase City. our war dead and remember thousands current resolution of the House of the Edward S. Hampton, Hillsville. now existing in our veterans hospitals, following titles: Louise H. Miller, Topping. known to us as the living dead-war cas Henley C. Davis, Woodlawn. H.J. Res. 436. Joint resolution to amend ualties-grim reminders of the horrors section 316 of the Agricultural Adjustment VIRGIN ISLANDS of war. Act of 1938 to extend the time by which a. Gustave Frorup, Christiansted. We are deeply grateful there are no lease transferring a tobacco acreage allot ment may be filed; and WASHINGTON atheists or Communists in our great or ganization-all 100 percent American. H. Con. Res. 383. Concurrent resolution au Ethel J. Miller, Colbert. Help us continue our goals to con thorizing the printing of a pocket-sized edi John C. Boid, Marysville. quer outer space but never let up with tion of "The Constitution of the United Thelma M. Erickson, Ocean City. States of America" as a House docUinent, and Asa L. Baker, Seaview. our dream of learning to live in peace for other purposes. WEST VIRGINIA with all mankind on earth. Those in whom we have the least con The message also announced that the . Myrna F. Proffit, Hansford. fidence, help us to love and pray for them Senate agrees to the amendments of the WISCONSIN the most. Make this truly be the Great House to a bill of the Senate of the fol Norbert H. Hillebrand, Cross Plains. Society because tne true God is honored, lowing title: Robert L. Seifert, Eagle River. reverenced, worshiped, and obeyed. S. 327. An act to provide assistance to the Walter R. Schoenherr, Hamburg. Never permit any person to divide States of Oregon, Washington, California, us and stir up hate--may such effort al and Idaho for the reconstruction of areas •• •• damaged by recent floods and high waters. ~·· ways fail completely. When it comes to loyalty to our flag The message also announced that the HOUSE OF REPRESENTATIVES and defense of our great Nation we want Senate disagrees to the amendments of to forget directions-north, south, east, the House to the bill