1961 CONGRESSIONAL RECORD - HOUSE 5369 May we think of the crucifixion and NOMINATIONS 1964 (appoip.ted during the last recess of the death of the Saviour in the dark days Senate): , that followed, and of the wonderful in­ Executive nominations received by the Dr. Hugh Hudson Hussey, Jr., of the Dis­ spiration and encouragement the world Senate March 30, 1961: trict of Columbia. U.S. MARSHALS Dr. Robert Morgan Stecher, of Ohio. received on Easter morning. That Dr. William Lowell Valk, of Kansas. period and that event have brought hope Anton T . Skoro, of Idaho, to be U.S. mar­ and faith to all mankind. They have shal for the District of Idaho for a term of •• ..... •• 4 years, vice Saul H. Clark. made the world a better place in which Jack D. Obbink, of Nebraska, to be U.S. to live, and they give hope for the fu­ marshal for the District of Nebraska for the HOUSE OF REPRESENTATIVES ture. term of 4 years, vice William Raab. The Senate is privileged to have as THURSDAY, MARCH 30, 1961 its Chaplain the honored and revered FOREIGN CLAIMS SETTLEMENT COMMISSION Laverne R. Dilweg, of Wisconsin, to be a The House met at 12 o'clock noon. Frederick Brown Harris, who daily leads member of the Foreign Claims Settlement us in devotions. Oftentimes, however, Commission of the United States. The Chaplain, Rev. Bernard Braskamp, because some of us are not present at D.D., offered the following prayer: IN THE ARMY the opening of the Senate sessions, we I Timothy 1: 15: This is a faithful fail to receive the full benefit of his The following-named officers for tem­ porary appointment in the Army of the saying and worthy of all acceptation, outstanding prayers for divine · mercy United States to the grades indicated under that Christ Jesus came into the world to and guidance. the provisions of title 10, United States save sinners. At this Easter season, I think it ap­ Code, sections 3442 and 3447: Almighty God, whose amazing love we propriate that we look back on some of To be major generals cannot fathom in this Holy Week, with the prayers delivered by our Chaplain Brig. Gen. Harrison Alan Gerhardt, 018697, its days of solemn and sacred memory, during past Easter seasons. I have se­ Army of the United States (colonel, U.S. may we be filled with a humble spirit lected extracts from some of his prayers Army). and a contrite heart as we meditate upon as a prayer at the closing of this session: Brig. Gen. Clinton Stone Lyter, 018291, the sufferings and sacrifice of our Lord Our Father, God, in this holy week of the Medical Corps, U.S. Army. and Saviour. · . Passion, by a crude cross lifted up on the Brig. Gen. Charles Wythe Gleaves Rich, earth, that blossomed into victory, help us 019910, Army of the United States ( colonel, Grant that on Easter Sunday we may to realize anew, from that invincible sym­ U.S. Army). share His glorious resurrection by rising bol, that Thy purposes are beyond defeat. Brig. Gen. Reuben Henry Tucker, 3d, with Him into newness of life and re­ In the light of that cross, may we see that 019894, Army of the United States (colonel, dedicating ourselves to the task of build­ Thy purposes of redemption are as wide as U.S. Army). ing that blessed highway where men and mankind. Brig. Gen. John Tabb Snodgrass, 029670, nations shall walk and work together in Army of the United States (colonel, U.S. His spirit. Make us persons of brotherly love in an Army). Brig. Gen. George Wilson Power, 018691, Inspire us with the joyous conviction unbrotherly world. To others' faults, make that we are living and laboring for that us forgiving, as we would be forgiven. As Army of the United States (colonel, U.S. our lives touch the lives of others, teach us Army). which our Master proclaimed to be our to be gentle in our thoughts, just in our Brig. Gen. James Dyce Alger, 019848, Army noblest quest when we seek first the king­ dealing, and generous in our judgments. of the United States (colonel, U.S. Army). dom of God and His righteousness and May the beauty of the Master of these Brig. Gen. Charles John Timmes, 029777, which can only be established through days of the Passion be seen in us, casting out Army of the United States (colonel, U.S. the power of sacrificial love. all envy and uncleanness. Lead our minds Army). May Thy name be glorified. Amen. in the quest of truth-even the truth of To be brigadier generals eternal life in the midst of our fleeting days. Col. William Nels Redling, 031516, Army of the United States (lieutenant colonel, THE JOURNAL May these days of the week of weeks, U.S. Army). which for Him, in the anguish of loneliness, Col. John Martin Cone, 020658, Army of The J°ournal of the proceedings of was reddened with blood, bring us face to the United States (lieutenant colonel, U.S. yesterday was read and approved. face with the truth He dared to follow, the Army). words He dared to utter, the hypocrisy He Col. John Gordon O'Brien, 042171, Judge dared to flay, and the steadfast purpose Advocate General's Corps, U.S. Army. MESSAGE FROM THE SENATE from which He would not shrink, even when Col. Douglass Phillip Quandt, 020605, Army the road He took grew bleak and black before of the United States (lieutenant colonel, A message from the Senate by Mr. Him. U.S. Army). McGown, one of its clerks, announced For these days of the Passion, hear this, Col. Chester Lee Johnson, 020681, Army of that the Senate had passed bills of the our prayer-"O God, to us may grace be the United States (lieutenant colonel, U.S. following titles, in which the concur­ given to follow in His train." Amen. Army). rence of the House is requested: Col. Douglas Blair Kendrick, Jr., 020511, Medical Corps, U.S. Army. S. 118. An act for the relief of Helen Irma ENROLLED BILL PRESENTED Imhoof; Col. Kenneth Francis Dawalt, 020226, Army s. 126. An act for the relief of Edward W. The Secretary of the Senate reported of the United States (lieutenant colonel, Scott III; that on today, March 30, 1961, he pre­ U.S. Army). S. 132. An act for the relief of Man-Yeh Col. Edward Leon Rowny, 023744, Army of Chow; sented to the President of the United the United States (major, U.S. Army). States the enrolled bill (S. 153) to fur­ S. 138. An act for the relief of Mica Delic; Col. Robert Henry Schellman, 022002, S. 139. An act for the relief of Krste ther amend the Reorganization Act of Army of the United States (lieutenant Angeloff; 1949, as amended, so that such act will colonel, U.S. Army). s. 164. An act for the relief of Cherie apply to reorganization plans trans­ Col. Roy Lassetter, Jr., 051714, U.S. Army. Helen Bratton; mitted to the Congress at any time Col. Frederic William Boye, Jr., 021891, S. 177. An act for the relief of Hadji before June 1, 1963. Army of the United States (lieutenant Benlevi; colonel, U.S. Army). S. 178. An act for the relief of Michael J. Col. Donald Clinton Clayman, 020866, Collins; ADJOURNMENT TO MONDAY Army of the United States (lieutenant s. 217. An act for the relief of .Alessandro colonel, U.S. Army). Gellhorn; Mr. CARLSON. Mr. President, if S. 225. An act for the relief of Dr. Chien there is nothing further to come before Chen Chi; the Senate at this time, I move that the s. 262. An act for the relief of 0onstan­ Senate adjourn, in accordance with the CONFIRMATIONS tinos Georgiou Stavropoulos; order previously entered. Executive nominations confirmed by s. 274. An act for the relief of Hajime the Senate March 30, 1961: Asato; The motion was agreed to; and (at 3 S. 277. An act for the relief of Erica Barth; o'clock and 2 minutes p.m.) the Senate NATIONAL LmRARY OF MEDICINE s. 285. An act !or the relief o! Alpo Fran­ adjourned, under the previous order, To be members of the Board of Regents silla Crane;. until Monday, April 3, 1961, at 12 o'clock of the National Library of Medicine, Public s. 292. An act for the relief of Mah Jew meridian. Health Service, for terms expiring August 3, Ngee (also known as Peter Jew Mah); 5370 CONGRESSIONAL RECORD - HOUSE March 30 s. 298. An act for the relief of Earl H. Mr. YOUNGER. Mr. Speaker, Mr. E. · ' The proposed education subsidy in the ad­ Pendell; • Maxwell Benton, a California. Tax ministration b111 is a relatively small amount S.1313. An act .!or the relief of Ante Tonic Schools consultant has issued the fol- , of the total annual expenditures for public (Tunic) , his wife, Elizabeth Tunic, and their . .' . . education. But. it is a "foot" in the door t wo min.or clil.Udren, Ante Tunic, Jr., and lowm~ statement _m oppos1t1on to Fed- and will be followed by pressures for added Joseph Tunic; eral aid to education: billions in years to come. Here is where the s. 330. An act for the relief of Harry N. U.S. SCHOOL CONTROL BID OPPOSED real danger Iles. Those Who decide spending Kouniakls; "The current Federal aid to education policies ought to be faced with the respon­ S. 417. An act for the relief of Haruo T. bill proposed by the President is designed sibility for raising the taxes. Massive Fed­ Hendricks; to soak the so-called 'rich.' states, such as · eral .aid to .education strikes a real blow S. 423. An act for the relief of Fotios California, and force 'them to help foot the again st responsible and independent local Gianoutsos {Frank Giannos); school bill in other States," E. Maxwell Ben- government. · S. 438. An act for the relief of Mrs. Ma­ t on, Cal-Tax Schools consultant, told the We urge that you will write your Senat ors ria Giovanna Hopkins; r ecent annua1 meeting of the Santa Bar- and Congressmen and tell them that Cali­ S. 444. An .act for the relief of Ok Hi bar a count y T axpayers• Association. .!ornia neither needs nor wants this educa- Shin and Tae Soo Chung; The administ ration plan envisages pro- tional subsidy. See the Tax Digest, first s. 532. An act for the relief of Stanley grams of allowances to all states on the quarter 1961, for their names and addresrns. Bulski (Zdzislaw Rekosz); basis of average daily attendance. Since This issue will reach -you soon. S. 533. An act for the relief of Irena Maria California h as a larger public school enroll- Koller; ment than any other State, it would stand s. 545. An act for the relief of Mrs. Eliz­ to receive many m illions of dollars in Fed­ THE BUDGET AND INFLATION abeth Clifford; eral support under this program. S. 546. An act for the relief of In Fil Mr. CURTIS of Missouri. Mr. Speaker, However, Californi.a taxpayers should not Chung, In Ae Chung, In Sook Chung and In I ask unanimous consent to address the Ja Chung; be fooled by this obvious attempt to garner support for a measure calculated to cost House for 1 minute and to revise and ex­ S . .555. An act for the relief of Nicolaos A. tend my remarks. Papadimitriou; th-em. far more than would be returned in 'S. 593. An act Ior the relief of Hans Federal allotments. The basic issue in · this The SPEAKER. Is there objection Christian GunnaY Mikkelsen; p erennial Federal school aid battle is :wheth­ to the request of the gentleman from S. 644. An act to amend the Foreign Serv­ er the National Government should intro­ Missouri? ice Act of 1946, as amended, concernin,g re­ duce a program of general F'ed-eral subsidies for elementary and secondary schools. Cali­ There was no objection. employment of officers or.employees; Mr. CURTIS of Missouri. Mr. Speak­ S. 663. An act for the relief of Andreas fornia Taxpayers• Association continues its Rakintozis (also known as Andreas Rakint­ strong opposit ion to any such '.legislation. er, I take this time just before the Easter zis or Rakajes) ; Benton said that under the President's recess to .call attention to the budget that S. 696. An act foy the relief of Ang,el plan, no State would get less than $15 per the President has submitted. The Joint Ardaiz Martinez; , pupil. Some States wouid get considerably Economic Committee had the Director S. 697. An act for the relief of Maria Luisa more under the "equal1zation" formula. of the Bureau of the Budget before it Mart1nez; The $2.3 billion proposed in the plan would on Monday but, significantly enough, S. 713. An act for the relief of Anastasia be allotted uver a 3-year period and. could he a_ppeared before the second, and Stassinopoulos; be used for teacher salaries or school con­ S. 894. An act for the relief of Captain struction as determined by the States. major, part of the budget was presented, Ernest Mountain; In the first yeaT, it i,; e-stimated that the which was on Tuesday. S. 939. An act for the relief of Zlata Dum­ average per pupil allowance to all States In Ught of the deficits predicted I, lijan ,and Djuro (George) Kasner; and would amount to '$19.75. The U.S. Office of for the life of me, cannot see how we S. 1097. An act for the relief of A. 'E. Education reports that California would are going to avoid the pressures of in­ Waterstradt. get something less than $17 per pupil while flation. I am happy to say one thing, the allowance to some States may reach a high or about $30 per pupll. though; the Council of Economic Ad­ INACTIVATION OF MILITARY BASES California Taxpayers' Association strongly visers to the Pr·esident will appear be­ AND INSTALLATIONS opposes any such legislation because~ fore the Joint Economic Committee-on 1. California pays more into the Federal Monday :right after the recess. and at Mr. PEI.LY. Mr. Speaker, I-ask unan­ Treasury than 1-s returned to California in that time one series of questions I in­ imous consent to address the House for Federal aid. Estimated tax payments from tend to direct will deal with inflation. 1 minute and to revise and extend my California to support this legislation would I fear that we have it before us. We remal'ks. far exceed the amount which we would re­ must remember that as we vote these The SPEAKER. Is there objection ·ceive 1n .allocations under terms of the bill. expendituresh as we did yesterday, we to the request of the gentleman from 'The plain fact of the matter is that Cali­ fornians would be helping other States sup­ have to pay for them in some way. Washington? port their public school systems. We have There was no objection. -yet to see any demonstration that other Mr. PELLY. Mr. Speaker, the Presi­ States, making the same effort as does -Gali- RETIREMENT OF WILLIAM L. FEN- dent of the United States has directed fornia, are unable to support their schools STERMACHER, OFFICIAL REPORT- that the Defense Department dispose of adequately. We do our job at the State and ER OF DEBATES local level and oppose subsidizing other or inactivate certain bases and instal­ Mr. AVERY. Mr. Speaker, I ask lations which are surplus to the present States' educational programs. and future needs of the military. Mr. 2. The Federal Government has ,been op­ unanimous consent to address the House erating in the red for many years and is in for 1 minute and to revise and extend Speaker, I know it takes political cour­ no position to assume an unnecessary added my remarks. age to eliminate these installations that .burden for the support of public schools. are often unnecessary and .I commend The SPEAKER. Is there objection Expanded Federal support would increase to the request of the gentleman from the President for taking this action. I tbe probab111ty of continued and 1ncreased do not know, of course, the merit of Federal deficit financing. It would tend to Kansas? each one that is listed, but I do say that postpone indefinitely reductions in Federal There was no objection. this is a step in the right direction and tax,es. ffigher Federal taxes would 1-eave Mr. AVERY. Mr. Speaker, in 1930 I am very glad to support the P1·esident iess money for the support of State and Herbert Hoover was President of the in this regard. local governments. United States and the H-0norable Nicho­ 3. 'Federal aid leads to Federal control of las Longworth, of Ohio, was Speaker of education and the loss of local autonomy. , this House. On March 1, 1930, Speaker OPPOSITION TO FEDERAL AID TO "He who pays the piper ca,ns the tune." When a superior government allocates funds Longworth appointed William Fenster­ EDUCATION to a local unit, it not on1y has the right but macher O:ffici-al Reporter of Debates in MT. YOUNGER. Mr. Speaker, I ask the responsibility to see that the funds are the House of Representatives. Tomor­ unanimous consent to address th,e Jiou,se expended according to regulations laid down row, on March 31, 1961, after 31 years for 1 minute, i;o revise and extend my :ln the legislation. Even though the pro­ of faithful serviee and devotion to this .remarks, and to include extraneous posed legislation fai' general ,aid may prov1cle body WiUiam Fenstermacher will retire matter. no specific controls, controls are inevitable . and no longer serve as Official Reporter. and follow the increasing Federal share of The SPEAKER. Is there objection the cost o'.f education. Special education It m~.y -come· as ,a stirprise and :perhaps to the request of th-e gentleman from programs, currently supported by Federal ' be of interest to some Members to learn California? ,grants, ·almost witho'l1t exception contain that Lew Deschler, our highly respected There was no objection. very definite controls. Parliamentarian was appointed to his 1961 •CONGRESSIONAL RECORD - _HOl!SE 5371 position just 2 years previous to that, in . ideals of our .official reporters of the past well earned retirement. We who have 1928, also by Speaker Longworth. years in a manner which, as I said, re- served with him so long will miss a good During these 31 years of service, Bill fleets credit upon the House and them­ friend and a splendid public servant. Fenstermacher has served under Speaker selves. Again, I extend to Mr. Fenster­ John Nance Garner, of Texas; Speaker macher my every good wish, and with .+ i Henry T. Rainey, of Illinois; Speaker Jo- my expression I know go the sent~ments COMMITTEE ON THE .;JUDICIARY seph W. Byrns, of Tennessee; Speaker of every Member of the House and with­ Mr. McCULLOCH. Mr. Speaker, I William B. Bankhead, of Alabama; of out regard to party. ask unanimous consent that the Com­ course Speaker Joe Martin, of Massa- Mr.' AVERY. I would certainly wish to mittee on the Judiciary may have until chusetts, as well as our present beloved thank the gentleman from .Massachu­ midnight tonight to file a report. Speaker, Sam Rayburn, of Texas. setts, our distinguished majority leader, The SPEAKER. Is there objection to Mr. Speaker, Bill Fenstermacher has because I know in the years to come Bill the request of the gentleman from Ohio? recorded famous debates by such persons Fenstermacher . will look back with a There was no objection. as John Rankin, "Ham" Fish, Fiorello great amount of pride at the tribute paid La Guardia, Dewey Short, former Vice him by our leader. ;President Nixon, the present Vice Presi- Mr.· McCULLOCH. Mr. Speaker, will PROVIDENCE COLLEGE, N.I.T. dent Lyndon Johnson and, of course, the the gentleman yield? CHAMPS President of the United States, John F. Mr. AVERY. I yield to the. gentleman Mr. McCORMACK. Mr. Speaker, I Kennedy. from Ohio. ask unanimous consent that the gentle­ I am taking the floor this afternoon to Mr. McCULLOCH. Mr. Speaker, I man from Rhode Island [Mr. FOGARTY] pay tribute to a long and faithful serv- should like to say that I never heard a may extend his remarks· at this point ant ·of this House. Bill Fenstermacher Member say that he was misquoted. I in the RECORD on the great victory of was born in Chapman, Kans., in 1883. join in this tribute to Mr. Fenstermacher. He graduated from the Dickinson Coun- Mr. AVERY. Mr. Speaker, I ask last Saturday by the Providence College ty High School in Chapman and then unanimous consent that all Members basketball team when they won the Na­ taught school for 1 year. For approxi- may be permitted to extend their re­ tional Invitational Tournament cham­ mately 25 years following his experience marks fallowing this tribute, and I fur­ pionship. as a schoolteacher, he was an official re- ther ask unanimous consent that the The SPEAKER. Without objection, it porter for several railroads and as a gen- Speaker may be permitted to extend his is so ordered. eral reporter in private practice previous remarks and include a letter of his own There was no objection. to his appointment by Speaker Long- composition. - Mr. FOGARTY. Mr. Speaker, it was worth in 1930. The SPEAKER. Without objection, it a thrilling moment last Saturday when · -It has long been a source of amaze- is so ordered. Providence College, down by seven points · ment to me that despite his 77 years of There was no objection. with 10 minutes to go, swept to a 62 to 59 age he can stand here in the well of this Mr. RAYBURN. Mr. Speaker, I wish victory in the National Invitational Bas­ House and without ever looking around to join with others in their compli­ ketball ·Tournament. On the way to to see who is speaking recognize the mentary remarks about Mr. Fenster­ their victory they had defeated De Paul, voice of the speaker, if that particular macher. Mr. Fenstermacher submitted Niagara, Holy Cross-in overtime-and Member has been here for at least 1 the St. Louis Billikens in the final. Vin­ ·. year. I believe he is entitled to a fine his resignation to me which I accepted, cent Ernst was, very appropriately, I and I wrote him the following letter: tribute as one who has served so long. thought, named the most valuable So, William Fenstermacher, I speak THE SPEAKER's RooMs, player in the tourney. He and John for all Members of the House now serv- u.s. HousE oF REPRESENTATIVES, Egan constitute .one of the greatest back­ ing and many Members who are no Washington, D.C., March 27, 1961. Mr. W. L. FENSTERMACHER, court combinations in basketball. This . longer with us, to wish you a very happy Official Reporters of Debate, is a fit reward for this gallent team, and retirement and we only admonish you House of Representatives, their fine coach, Joe Mullaney, who were to return and visit us as often as you Washington, D.C. edged out by Bradley in the finals of the can. DEAR FENSTERMACHER: I have your letter tournament last year. Mr. Speaker, if there is some curiosity of resignation as Head Official Reporter for Providence College, whose faculty is as to why I should be making this pres- . the House of Representatives, and I regret largely composed of professors who are entation today, I should like to be per- that circumstances force you to retire. members of the Order of Friars mitted to say that Chapman, Kans., is I want you to know, however, that it has Preacher, popularly known as the Do­ been a pleasure to work with you because only 18 miles from my hometown of throughout the years you have been fine and minican Order, insists upon high aca­ Wakefield. kind and have been one of the most efficient demic standards for their students and Mr. McCORMACK. Mr. Speaker, will men in your work that I have ever been athletes. Thus it combines the two the gentleman yield? associated with. qualities-a sound body iQ a sound Mr. AVERY. I would be honored to It is my sincere hope that you will have mind-which are so necessary for all yield to the distinguished majority the many happy days of retirement you so Americans. Providence College deserves leader. richly deserve. our heartiest congratulations for its fine Mr. McCORMACK. It is a pleasure With all good wishes to you, I am, demonstration of skill and heart last to me to join with my friend and I know Sincerely yours, Saturday. I speak the sentiments of my colleagues 8AM RAYBURN. In a recent report on youth fitness, Dr. in wishing Mr. Fenstermacher in the Mr. MARTIN of Massachusetts. Mr. A. L. Capman, Chief of the Division of years that lie ahead of him every hap­ Speaker, I am sorry to learn of the com­ Special Health Services of the Public piness and success. We of the House are ing retirement of our senior Official Re- Health Service, put this challenge to all very proud of those who are part of the . porter of Debates, William L. Fenster­ of us: organization of the House. We deeply macher. There has never been a more Youth fitness- respect· them. They enjoy our· confi­ faithful or more devoted servant of the dence. This particularly applies to our House. He has been an accurate and a He said- official reporters, whose arduous duties conscientious reporter, whose fine work must involve fitness of the spirit, mind, and · are well known by all of the Members has stemmed from a deep affection and body-total fitness • • •. Each can be · of the House. Each and every one of respect for the work of the Congress. In identified separately and described, yet they our official reporters are men who are my terms as Speaker there was no one are really inseparable. dedicated to the service of the House and more dedicated than William L. Fenster- I know that fitness of spirit, mind, and dedicated to the service of each Mem­ . macher. He has earned respite and rest body is a goal at Providence College for ber of the House. '!'hey love their duty, from the exacting duties the pressure of all of its students. It is, therefore, es­ · and they perform it in a manner that ·reporting imposes upon our reporters. pecially pleasing to me to know that reflects credit upon the House of Repre­ . His youthful vigor belies his years. He they were so appropriately represented . ·sentatives and also upon themselves. is still young in spirit and I am sure all by their basketball team in a nationwide Our distinguished friend who is about to o~ our colleagues join with me in wishing television broadcast which all the Na­ · retire has faithfully liv~d ·up to the high him good health and happiness in his tion watched. 5372 CONGRESSIONAL . RECORD - HOUSE March 30 AMERICA'S POSITION WITH RE­ Representatlve THOMAS G. ABER-NETHY, Representative OVERTON BRooKs, Demo­ SPECT TO COMMUNIST CHINA · Democrat. .Mississippi. crat, Louisiana. Representative E . .Ross ADAIR, Republican, Representative WILLIAM s . BROOMFIELD, Re­ The SPEAKER. Under previous or­ Indiana. publican, .Michigan. der of the House, the gentleman from Representative J.osEPH P . .ADDABBO, Demo­ Representative .J.OEL T. BROYHILL, Repub­ Wisconsin [Mr. ZAB1.0cxI1 is recognized crat, New York. lican, Virginia. Representative HUGH J. ADDONIZIO, Demo­ .Representative DONALD C. BRUCE, Repub­ for 60 minutes. . crat, New Jersey. lican, Indiana . Mr. ZABLOCKI. Mr. Speaker, I am Representative CARL ALBERT, Democrat, Representative CHARLES A. BUCKLEY, Dem­ taking the floor at this time to discuss Oklahoma. ocrat, New York. our cowitry's position with respect to Representative HUGH Q. ALEXANDER, Demo­ Representative JAMES A. Burum, Democrat, Commwiist China, particularly as it af­ crat, North Carolina. Massachusetts. fects the admission of Red China to the Representative DALE ALFORD, Democrat, Senator PRESCOTT BUSH, Republican, Con­ United Nations and the recognition of Arkansas. necticut. that regime by the United States. I Representative BRUCE ALGER, Republican, Sena.tor JOHN MARSHALL BUTLER, Repub­ Texas. lican, Maryland. think it is imperative, as we discuss this Senator GORDON ALLOTT, Republican, Colo­ Senator ROBERT C. BYRD, Democrat, West issue, that we remember the Soviet rado. Virginia. Union still has an effective voice in the Representative H. CARL ANDERSEN, Repub­ Representative JAMES A. BYRNE, Democrat, policies of Red China, that there is no lican, Minnesota. . Pennsylvania. breach between these two countries, and Senator CLINTON P. ANDERSON, Democrat, Representative WILLIAM T. CAHILL, Repub­ that both cowitries are determined to New Mexico. lican, New Jersey. communize the world. Representative JOHN B. ANDERSON, Repub­ Senator HOMER E. CAPEHART, Republican, On this very subject, and on at least lican, Illinois. Indiana. Representative VICTOR L. ANFUSO, Demo­ Representative HUGH L. CAREY, Democrat, 2 occasions in recent years, and on 16 ·oc­ crat, New York. New York. casions since 1948, the House of Repre­ Representative LESLIE C. ARENDS, Repub­ Senator FRANK CARLSON, Republican, Kan­ sentatives has formally expressed its lican, Illinois. sas. views. The Congress has overwhelming­ Representative JOHN M. ASHBROOK, Repub­ Senator JOHN .A. CARROLL, Democrat, Colo- ly opposed the admission of the Commu­ lican, Ohio. rado. _ nist regime on the mainland of China to Representative ROBERT T. ASHMORE, Demo- _Senator CLIFFORD P. CASE., Republican. New the United Nations and its specialized crat, South Carolina. · Jersey. agencies. Representative JAMES C. AUCHINCLOSS, Re­ Senator F.RANCis CASE, Republican, South publican, New Jersey. Dakota. In 1956, a resolution opposing the ad­ Representative WILLIAM H. AVERY, Repub­ Representative BoB CASEY, Democrat, mission of Red China to the United Na­ lican, Kansas. Texas. tions was approved by a vote of 391 to O Representative CLEVELAND M. BAILEY, Representative ELFORD A. CEDERBERG, Re­ in the House and by a vote of 86 to O in Democrat, West Virginia. publican, Michigan. the Senate. Representative HOWARD H. BAKER, Repub­ Representative CHARLES E. CHAMBERLAIN, In 1959, House Concurrent Resolution lican, Tennessee. Republican, Michigan. 369, a measure which I .sponsored, and Representative JOHN F. BALDWIN, JR., Re­ Representative· George 0. Chambers, Re­ publican, California. publican, Indiana. similar to the 1956 resolution. was ap­ Representative WALTER s. BARING, Demo­ Representative FRANK CHELF, Democrat, proved in the House by an overwhelm­ crat. Nevada. Kentucky. ing vote of 368 to 2. Representative WILUAM A. BARRETT, Demo­ Representative J. EDGAR CHENOWETH, Re­ More recently, and in a somewhat less crat, Pennsylvania. publican, Colorado. formal manner, 33.8 Members of the Con­ Representative ROBERT R. BARRY4 Repub­ . Repi:esentative ROBERT B. CHIPERFIELD, gress, 55 Senators and 283 Members of lican, New York. . Republican, Illinois. the House of Representatives, signed a Representative WILLIAM H. BATES, Repub­ Representative MARGUERITE STITT CHURCH, declaration circulated by the Committee lican, Massachusetts. Republican, Illinois. . Representative JAMES F. BATTIN, Repub­ Representative FRANK M. CLARK, Democrat, of One Million which reads as f ollow.s: lican, Montana. Pennsylvania. · We continue to oppose the seating of Com- s~nator J. GLENN BEALL, Republican, Representative MERWIN -COAD, Democrat, munist China in the United Nations, thus Maryland. Iowa. upholding international morality and keep- Representative FR11.NK 3. BECKER, Repub- · · Representative HARoi.ri R; CoLL"IER, Repub- ing faith with the thousands ·of American llcan, New York. . lican, Illinois. · youths who gave their lives fighting Com- Representative RALPH F. BEERMANN, Re- Representative WILLIAM M. GoLMER, Demo- munist aggression in Korea. To seat a Com- · publican, Nebraska. . crat, Mississipp·L· · · munist China which defies, by word and Representative PAGE BELCHER, Republican, Representative SILVIO o. CONTE, Repub­ deed, the principles of the U.N. Charter -Oklahoma. . lican, Massachusetts. would be to betray the letter, violate the Representatlve ALPHONzo E. BELL, JR., Re- Representative ROBERT J. CORBETT, Re­ splrit, .and subvert the purposes of that publican, California. pub_lican, Pennsylvania. charter, Representative CHARLES E. BENNETT, Senator NORRIS <"'OTTON, Republican, New We further continue to oppose U .S. diplo- Democrat, Florida. Hampshire. matic recognition or any other steps which Senator WALLACE F. BENNEI'T, Republican, Republican WILLIAM C. CRAMER, Republii.­ would build the power and prestige of the Utah. can, Florida. Chinese Communist Regime to the detri- Representative E. Y. BERRY, Republican, Representati7e GLENN CUNNINGHAM, Re­ ment o! our friends and allies in Asia and South Dakota. publican, Nebraska. of our national security. Any such action Representative JACKSON E. BETTS, Repub- Representative WILLARD s. CURTIN, Repub­ would break faith with our dead and the lican, Ohio. lican, Pennsylvania. unfortunate Americans still wrongfully im- Senator ALAN BIBLE, Democrat, Nevada. Senator ·CARL T. CURTIS, · Republican, prisoned by Communist China and would Representati-v,e IRIS FAmCLOTH BLITCH, Nebraska. dishearten our friends and allies in Asia Democrat, Georgia. Representative THOMAS B. CURTIS, Repub­ whose continued will to resist Communist Senator J. CALEB BOGGS, Republican, Dela- lican, Missouri. China's pressures and blandishments ls so ware. Representative T'AUL B. DAGUE, Republlcan, vital to our own security interests in that Representative HALE BoGGS, Democrat, Pennsylvania. part of the world. Louisiana. Representative DOMINICK V. DANIELS, Democrat, New Jersey. Mr. Speaker, I ask unanimous consent Representative ·FRANCES P. BOLTON, Repub- Representative CLIFFORD DAVIS, Democrat, . 1 d in th R at th· . h . lican, Ohio. Tennessee. t o me u e e ECORD 1S pomt t e , Representative F.RANK T. Bow, Republican, names of the 338 Members of Congress Oh!o. Representative JAMES J. DELANEY, Demo­ crat, New Yo:r;k. who signed the above declaration. Representative FRANK w. BOYKIN, Demo- Representative JOHN H. DENT, Democrat, The· SPEAKER. Is there objection to ..crat, Alabama. Pennsylvania. the request of the gentleman from Wis- Representative WILLIAM G. BRAY, Repub- Repr.esentative STEVEN 'B-. DEROUNIAN, Re­ consin? - lican, Indiana. publican, New York. • There was no objection. Representative J. FLOYD BREEDING, Demo- Representative EDWARD J. DERWINSKI, Re­ (Th li t f · M be f d to crat, Kansas. . publican, .Illinoi-s. e s -O .em rs re erre senator STYLES BRIDGES Republtcan New Representative SAMUEL L. DEVINE, Repub­ follows:) Hampshire. ' ' llcan, Ohio. Repr.esentatlve WATKINS "M. ABB!ff, Demo- Representative .JAMES E. BROMWELL, Re- Representative CHARLl;S . o. ~IGGS; JR., crat, Virginia. publican, .Iowa. Democrat, Michigan. 1961 CONGRESSIONAL RECORD - HOUSE 5373 Representative JOHN" D. DINGELL, Demo- . Representative MARTHA w. GRIF~ITHS, . Representative CARLETON J. KING, Repub­ crat, Michigan.. Democrat, Michigan'. lican, New York. Senator EvERrrr MCKINLEY DIRXSEN, Re- · Representative H. R. GRoss, Republican, · Representative .DAVID S. :KING, Democrat, publican, Illinois. · Iowa. Utah. Senator THOMAS J. DODD, Democrat, Con- . Representative CHARLES s. GUBSER, Repub- Representative A. PAUL K.I.TCHIN, Demo­ necticut. lican, California. crat, North Carolina. Representative ROBERT DOLE, Republican, Representative HARLAN HAGEN, Democrat, Representative HORACE R. KORNEGAY, Dem­ Kansas. · California. ocrat, North Carolina. Representative PETER H. DOMINICK, Re- - Representative JAMES A. HALEY, Democrat, , Senator THOMAS H. KUCHEL, Republican, publican, Colorad.o. Florida. California. Representative HAROLD D. DoNoHUE, Dem- Representative DURWARD G. HALL, Repub- Representative MELVIN R. LAIRD, Republi­ ocrat, Massachusetts. lican, Missouri. can, Wisconsin. Representative w. J. BRYAN DORN, Demo- . Representative SEYMOUR HALPERN, Repub- Representative PHIL M. LANDRUM, Demo­ crat, South Carolina. lican, New York. crat, Georgia. Senator PAUL H. DOUGLAS, Democrat, nu- Representative RALPH R. HARDING, Demo- Representative THOMAS J. LANE, Democrat, nois. crat, Idaho. Massachusetts. Representative JOHN DOWDY, Democrat, Representative PORTER HARDY, Jn., Demo- · Representative ODIN LANGEN, Republican, Texas. . crat, Virginia. Minnesota. Representative THOMAS N. DOWNING, Demo- Representative OREN HARRIS, Democrat, Senator FRANK J. LAUSCHE, Democrat, crat, Virginia. Arkansas. Ohio. Representative CLYDE DOYLE, Democrat, Representative BURR P. HARRISON, Demo- Representative ALTON LENNON, Democrat, Californla. crat, Virginia. North Carolina. Representative EDWIN R . DURNO, Repub- . Representative WILLIAM HENRY HARRISON, Representative JoHN LESINSKI, Democrat, Ucan, Oregon. Republican, Wyoming. Michigan. Representative FLORENCE P. DWYER, Re- Representative WILLIAM. H. HARSHA, JR., Representative J. CARLTON LosER, Demo­ publican, New Jersey. Republican, Ohio. crat, Tennessee. Senator JAMES 0. EASTLAND, Democrat, · Representative JAMES HARVEY, Republican, Senator JOHN L. McCLELLAN, Democrat, Mississippi. Michigan. Arkansas. Senator ALLEN J. ELLENDER, Democrat, Representative RALPH HARVEY, Republi- Representative JOHN w. McCORMACK, Dem­ Louisiana. can, Indiana. · ocrat, Massachusetts. Representative CARL ELLIOTT, Democrat, · Representative WAYNE L. HAYS, Democrat, Representative WILLIAM M. McCULLOCH, Alabama. Ohio. Republican, Ohio. Senator SAM J. ERVIN, JR., Democrat, North Representative JAMES C. HEALEY, Demo- Representative GORDON L. McDONOUGH, Carolina. crat, New York. Republican, California. Representative ROBERT A. EVERETT, Demo- Representative F. EDWARD HEBERT, Demo- . Representative HARRIS B. MCDOWELL, JR., crat, Tennessee. crat, Louisiana. Democrat, Delaware. Representative JOE L. EVINS, Democrat, · Representative KEN HECHLER, Democrat, Representative CLIFFORD G. McINTIRE, Re­ Tennessee. West Virginia. publican, Maine. Representative DANTE B. FASCELL, Demo- · Representative A. S. HERLONG, JR., Demo- Representative JoHN L. McMILLAN, Demo­ crat, Florida. crat, Florida. . crat, South Carolina. Representative MICHAEL A. FEIGHAN, Dem- Senator BOURKE B. HICKENLOOPER, Repub- Representative HAROLD B. MCSWEEN, Demo­ ocrat, Ohio. lican, Iowa. crat, Louisiana. Representative IVOR D. FENTON, Repub- Representative EDGAR w. HIESTAND, Re- Representative WALTER L. McVEY, Repub­ lican, Pennsylvania. publican, California. lican, Kansas. Representative PAUL FINDLEY, Republican, . Representative CHARLES B. HOEVEN, Re- Representative TORBERT H. MACDONALD, Illinois. publican, Iowa. Democrat, Massachusetts. Representative PAUL A. Fmo, Republican, Representative ELMER J. HOFFMAN, Repub- . Representative CLARK MACGREGOR, Repub­ New York. lican, Illinois. lican, Minnesota. Representative 0. C. FISHER, Democrat, Representative ELMER J. HOLLAND, Demo- Representative THADDEUS M. MACHROWICZ, Texas. crat, Pennsylvania. pemocrat, Michigan. Representative DANIEL J. FLOOD, Democrat, Senator SPESSARD L. HOLLAND, Democrat, Representative PETER .F. MACK, JR., Demo­ Pennsylvania. Florida. _crat, Illinois. Senator HIRAM · L: FONG,· Republican, · Representative WALT HORAN, Republican, Representative RAY J, MADDEN, Democra\, Hawall. Washington. Indiana. Representative GERALD R. FORD, JR., Re- · Representative CRAIG HOSMER, Republican, Representative GEORGE H. MAHON, Demo­ publican, Michigan. California. crat, Texas. Representative E. L. FORRESTER, Democrat, . Senator ROMAN L. HRUSKA, Republican, Representative WILLIAM s. MAILLIARD, Re- of Georgia. Nebraska. publican, California. · Representative L. "H. FOUNTAIN, Dezµocrat, Representative GEORGE HUDDLESTON, JR., Senator MIKE MANSFIELD, Democrat, Mon­ North Carolina. Democrat, Alabama. .tana. Representative JAMES B. FRAZIER, JR., Dem- Representative W . . R. HULL, JR., Democrat Representative FRED MARSHALL, Democra~. ocrat, Tennessee. Missouri. .Minnesota. Representative PETER FRELINGHUYSEN, JR., Senator HUBERT H. HUMPHREY, Democrat, Representative JosEPH W. MARTIN, Jr., Re­ Republican, New Jersey. Minnesota. publican, Massachusetts. Representative SAMUEL N. FRIEDEL, Demo- Representative JOHN JARMAN, Democrat, Representative NOAH M. MAsoN, Republi­ ocrat, Maryland. Oklahoma. can, Illinois. Representative JAMES G. FULTON, Republi- Senator JACOB K. JAVITS, Republican, New Representative D.R. MATTHEWS, Democrat, can, Pennsylvania. York. Florida. Representative PETER A. GARLAND, Republi- Representative w. PAT JENNINGS, Demo- Representative CATHERINE MAY, Republi­ can, Maine. crat, Virginia. can, Washington. Representative J. VAUGHAN GARY, Demo- Representative BEN F. JENSEN, Republi- Representative CHESTER E. MERROW, Re­ crat, Virginia. can, Iowa. publican, New Hampshire. Representative E. C. GATHINGS, Democrat, Representative AUGUST E. JOHANSEN, Re- Representative ROBERT H . M~CHEL, Repub­ Arkansas. publican, Michigan. lican, Ill1nois. Representative LEON H. GAVIN, Republi- Representative CHARLES RAPER JONAS, Re- Representative GEORGE P. MILLER, Demo­ can, Pennsylvania. publican, North Carolina. crat, California. Representative MILTON W. GLENN, Repub- Representative PAUL C. JONES, Democrat, Senator JACK R. MILLER, Republican, Iowa. lican, New Jersey. Missouri. Representative WILLIAM E. MILLER, Repub­ Senator BARRY GOLDWATER, Republican, Representative WALTER H. JUDD, RepubU- lican, New York. Arizona. · can,· Minnesota. · Representative WALTER H. MOELLER, Demo­ Representative CHARLES E. GOODELL, Re- Representative CARROLL D. KEARNS, Repub- crat, Ohio. publican, New York. Ucan, Pennsylvania.. - Representative JOHN S. MoNAGAN, Demo- Representative GEORGE A. GOODLING, Re- Senator KENNETH .B. KEATING, Republican, crat, Connecticut. · publican, Pennsylvania. New York. Senator A. S . .MIKE MONRONEY, Democrat, Representative KATHRYN E. GRANAHAN, Representative HASTINGS KEITH, Republi- Demoerat, Pennslyvania. can, Massachusetts. Oklahoma. Representative KENNETH J. GRAY, Demo- · Representative EDNA F. KELLY, Democrat, Representative JOSEPH M. MONTOYA, Demo­ crat, Illinois. New York. crat, New Mexico. Representative WILLIAM J. GREEN, ·JR., Representative EuGENE J. KEoGH, Demo- Representative· ARCH A . MOORE, JR., Re-pub­ Democrat, Pennsylvania. · crat, New York. _ lican, West Virginia. Representative ROBERT P. -GRIFFIN, Repub- - Representative CLARENCE E. KILBURN, Re- Representative JAMES H. MORRISON, Demo- lican, Michigan. , publican, New York. ) crat, Louisiana. ' CVII--340 5374 CONGRESSIONAL RECORD - HOUSE March 30 . Senator THRUSTON B. MORTON, Republican, Representative RICHARD L. ROUDEBUSH, Representative J. IRVING WHALLEY, Repub­ Kentucky. Republican, Indiana. lican, Pennsylvania. Representative MORGAN M. MOULDER, Demo­ Representative JOHN H. RoussELOT, Re­ Representative J. ERNEST WHARTON, Re­ crat, Missouri. publican, California. publican, New York. Representative ABRAHAM J. MULTER, Demo­ Representative KATHARINE ST. GEORGE, Re­ Representative BASIL L. WHITENER, Demo­ crat, New York. publican, New York. crat, North Carolina. · Representative WALTER M. MUMMA, Repub­ Representative FERNAND J. ST. GERMAIN, Representative WILLIAM B. WIDNALL, Re­ lican, Pennsylvania. Demoor-at, Rhode Island. publican, New Jersey. Senator KARLE. MUNDT, Republican, South Senator LEVERE'lT SALTONSTALL, Republi­ Senator ALEXANDER WILEY, Republican, Dakota. can, Massachusetts. Wisconsin. Representative WILLIAM T. MURPHY, Demo­ Representative JOHN P. SAYLOR, Republi­ Representative JOHN BELL WILLIAMS, crat, Illinois. can, Pennsylvania. Democrat, Mississippi. Representative ToM MURRAY, Democrat, Representative HENRY C. ScHADEBERG, Re­ Representative EDWIN E. WILLIS, Demo­ Tennessee. publican, Wisconsin. crat, Louisiana. Representative ANCHER NELSEN, Republi­ Representative PAUL F. SCHENCK, Repub­ Representative BoB WILSON, Republican, can, Minnesota. lican, Ohio. California. Representative ROBERT N. C. NIX, Demo­ Representative GORDON H . ScHERER, Re­ Representative EARL WILSON, Republican, crat, Pennsylvania. publican, Ohio. Indiana. Representative WALTER NORBLAD, Republi­ Representative HERMAN T. ScHNEEBELI, Representative ARTHUR WINSTEAD, Demo­ can, Oregon. Republican, Pennsylvania. crat, Mississippi. Representative W. F. Norrell, Democrat, Senator ANDREW F. ScHOEPPEL, Republi­ Representative JIM WRIGHT, Democrat, Arkansas. can, Kansas. Texas. Representative HJALMAR C. NYGAARD, Re­ Senator HUGH ScoTT, Republican, Pennsyl­ Senator RALPH YARBOROUGH, Democrat, publican, North Dakota. vania . Texas. . Representative LEO W. O'BRIEN, Democrat, Representative RALPH J. SCOT!', Democrat, Senator MILTON R. YOUNG, Republican, New York. North Carolina. North Dakota. Representative THOMAS J. O'BRIEN, Demo­ Representative WILLIAM w. SCRANTON, Re­ Representative J. ARTHUR YOUNGER, Re­ crat, Illinois. publican, Pennsylvania. publican, California. · ' Representative ALVIN E. O'KONSKI, Re­ Representative HORACE SEELY-BROWN, JR., Representative CLEMENT J. ZABLOCKI, publican, Wisconsin. Republican, Connecticut. Democrat, Wisconsin. Representative ARNOLD OLSEN, Democrat, Representative JOHN F. SHELLEY, Demo­ Montana. crat, California. Mr. TOLL. Mr. Speaker, will the gen­ Representative THOMAS P. O'NEILL, JR., Representative GEORGE E. SHIPLEY, Demo­ tleman yield for a question? Democrat, Massachusetts. crat, Illinois. Mr. ZABLOCKI. Representative FRANK C. OSMERS, JR., Re­ I am delighted to Representative DoN L. SHORT, Republican, yield. publican, New Jersey. North Dakota. Representative HAROLD C. OSTERTAG, Re­ Representative ABNER W. SmAL, Repub­ Mr. TOLL. Can the gentleman inform publican, New York. lican, Connecticut. me whether the position taken would Senator JOHN 0. PASTORE, Democrat, Rhode Representative ROBERT L. F. SIKES, Demo­ preclude any opportunity of discussing, Island. crat, Florida. say, a possible disarmament project with Representative THOMAS M. PELLY, Republi­ . Senator GEORGE A. SMATHERS, Democrat, can, Washington. a nation ~which is not a member of the Florida. United Nations? Representative M. BLAINE PETERSON, Demo­ Senator BEN.JAMIN A. SMITH II, Democrat, crat, Utah. Massachusetts. Mr. ZABLOCKI. We are at the pres­ Representative GRACIE PFOST, Democrat, Representative H. ALLEN SMITH, Repub­ ent time holding negotiations with Com­ Idaho. lican, California. munist China in Warsaw, and in the past Representative PHILIP J. PHILBIN, Demo­ Representative FRANK E. SMITH, Demo­ we have had negotiations with Commu­ crat, Massachusetts. crat, Mississippi. Representative ALExANDER PmNIE, Repub­ nist China in Geneva. Yes, we can ne­ Representative HOWARD W. SMITH, Demo­ gotiate with them even though we do lican, New York. crat, Virginia. Representative W. R. POAGE, Democrat, not recognize them and even though Senator. MARGARET CHASE SMITH, Repub­ Texas. lican, Maine. they are not admitted to membership in Representative RICHARD H. POFF, Republi­ the United Nations. can, Virginia. . Representative WILLIAM L. SPRINGER, Re­ publican, Illinois. Mr. TOLL. And the gentleman be­ Representative MELVIN PRICE, Democrat, lieves, then, there is no reason why we Illinois. Representative ROBERT T. STAFFORD, Repub­ Senator WINSTON L. PROUTY, Republican, lican, Vermont. cannot include them in the discussion Vermont. Representative SAMUEL s. STRATTON, Demo­ or that Soviet Russia can control Com­ Senator WILLIAM PROXMIRE, Democrat, Wis­ crat, New York. munist China on the disarmament issue? consin. Senator STUART SYMINGTON, Democrat, Mr. ZABLOCKI. Yes. I thank the Representative ROMAN C. PUCINSKI, Demo­ Misssouri. gentleman. crat, Illinois. Representative JOHN TABER, Republican, Representative ALBERT H. Qum, Republi­ New York. Mr. JUDD. Mr. Speaker, will the gen­ can, Minnesota. Representative CHARLES M. TEAGUE, Repub­ tleman yield? Representative Louis C. RABAUT, Democrat, lican, California. Mr. ZABLOCKI. I am delighted to Michigan. Representative VERNON w. THOMSON, yield. Senator JENNINGS RANDOLPH, Democrat, Republican, Wisconsin. Mr. JUDD. The contention is fre­ West Virginia. Senator STROM THURMOND, Democrat, Representative JoHN H. RAY, Republican, quently brought up that we must have South Carolina. Communist China in the United Nations New York. Representative HERMAN TOLL, Democrat, Representative BEN REIFE.'L, Republican, Pennsylvania. in order to get an agreement on disarm­ South Dakota. Representative THOR C. TOLLEFSON, Repub­ ament, and an agreement cannot be ef­ Representative JOHN J. RHODES, Republi­ lican, Washington. fective unless Communist China partici­ can, Arizona. Representative JAMES W. TRIMBLE, Demo­ pates in the agreement. But we should Representative R. WALTER RIEHLMAN, Re­ not cross that bridge until we get to it. publican, New York. crat, Arkansas. Representative JOHN J. RILEY, Democrat, Representative WILLIAM M. TucK, Demo­ Until there is some evidence of reason­ South Carolina. crat, Virginia. able prospects for agreement with the Senator A. WILLIS ROBERTSON, Democrat, Representative JAMES B. UTT, Republican, Soviet Union, which is the main Com­ Virginia. California. munist power with atomic weapons, there Representative HOWARD W. ROBISON, Re­ Representative WILLIAM K. VAN PELT, Re­ is no use bringing into the club the sub­ publican, New York. publican, Wisconsin. ·ordinate, which Red China definitely is. Representative PETER w. RoDINO, JR., Representative GEORGE M. WALLHAUSER, If and wQen the day comes, and I hope Democrat, New Jersey. , Republican, New Jersey. and pray it does, that the Soviet Union Representative BYRON G. RoGERS, Demo­ Representative FRANCIS E. WALTER, Demo­ crat, Colorado. crat, Pennsylvania. will agree to realistic and effective dis­ Representative PAUL G. RoGERs, Democrat, Representative PHIL WEAVER, Republican, armament proposals, at that time there Florida. · Nebraska. will be some point in approaching Com­ Representative JOHN J. RooNEY, Demo- Representative JESSICA McC. WEIS, Republi­ munist China for its participation. After crat, New York. · can, New York. all, we cannot negotiate atomic disarma­ Representative DAN ROSTENKOWSKI; Demo- Representative JACK WESTLAND, Republi­ ment with 99 countries. We have got · crat, Illinois. · · can, Washington• to negotiate with the three other nations

• 1961 CONGRESSIONAl .RECOR!)-· HOUSE 5375 which now have such weapons. When­ the Security Council, and exercise that fact that they have mistreated our ever we get agreement, if we can, is the veto power, is the one that we have to American soldiers. time to consider extending those nego­ face in any discussion of the issue at Furthermore, we have known from tiations to get others to agree .to it. hand . . the past, and it is history, that when­ Mr. ZABLOCKI. I agree wholeheart­ There is ample evidence that Red ever it was to the Communist Chinese edly with my colleague and want to ex­ China will not be satisfied with simple advantage they would let out one or two press by sincere appreciation for his con­ admission to the United Nations. The or let it be known where one or two were tribution. Communist regime expects and will de­ in the hope that we would soften up To continue my statement: . mand the unseating of the Republic further if some of our friends and allies The position of the overwhelming ma­ of China. It will demand a seat on the began to worry about what our future jority of Members of Congress who have Security Council, and it will demand veto policy will be. And if they are showing expressed themselves on the issue of the power. a little bit of softness, I truthfully can­ admission of Red China to the United · We must keep these consequences in not blame them; if they see that some of Nations is based on reality. It is based mind. our leaders who are beginning to speak on solid facts of history. Mr. PUCINSKI. Mr. Speaker, will the of coexistence are willing to accept the It may be useful to recall and review gentleman yield? theory that admission of Red China some of these facts. Mr. ZABLOCKI. I yield to the gentle­ would somehow solve the Communist They show, by every standard of na­ man from Illinois. problem of the world. How can you tional and international conduct, the Mr. PUCINSKI. The gentleman from expect these people that are at the very Communist regime on the mainland of Wisconsin is to be commended for pre­ border of the Soviet regime to resist. If China is an outlaw and an aggressor. paring such an excellent indictment and they see that we are a paper tiger, then That regime has perpetrated mass bill of particulars as to why Red China how can we expect them to stand up murder upon its own people. It has should not be admitted to the United against communism and to fight commu­ thrown foreign citizens into prison with­ Nations at this time. As a distinguished nism as we hope they will so that out cause and without trial, submitting member of the Committee on Foreign communism could be contained? We many of them to inhuman tortures and Affairs the gentleman certainly has pro­ must tell our friends and allies ·that death. It has confiscated without com­ vided a great deal of stimulus in calling we are behind them and we will demon­ pensation the property of foreign na­ the attention of the free world as to why strate by force, if necessary, that we will tionals running into millions upon mil­ Red China should not be admitted. I not permit communism to spread, to lions of dollars. think the gentleman's remarks are par­ permit communism to enforce its way In one decade, it has provoked at least ticularly timely at this time in view of of thinking on nations just because they six civil or foreign wars-in Korea, in the fact that throughout the world to­ are small nations that are helpless. Tibet, in Indochina, in the Philippines, day, even among some of our most noble Mr. PUCINSKI. Mr. Speaker, if the Malaya and Laos. It has fought and de­ allies, an effort is being made to soften gentleman will yield further, I am in fied the United Nations. It has been the attitude of the free world so that complete agreement with the gentleman branded an aggressor by the United Na­ Red China may be considered for admis­ and I wish to associate myself with his tions. And to this very day, it con­ sion to the United Nations. Until they philosophy. The point I was trying to tinues to defy the United Nations aims have shown some signs of conducting make, I am very much disturbed when -to reunify Korea, and it continues to vio­ .themselves as a civilized nation they I see, for example, indications coming 'late the international armistice agree­ should be denied this admission. I was from one of our greatest allies, England, ments involving Korea and Indochina. wondering whether the gentleman in his that there is a strong movement of se­ These are hard facts which should remarks intends to include figures as to rious consideration of admitting Red shatter the futile hopes or wishful think­ how many Americans are still being de­ China to the United Nations. Then, in ing of those who maintain that Red tained and imprisoned illegally by Red our own hemisphere, when we see indi­ China should be admitted to the United China? cations from a nation like Brazil that Nations. And these facts spell one Mr. ZABLOCKI. According to the Brazil would join in the consideration thing: Red China does not meet the latest :figures I have there are approxi­ of permitting Red China to enter the principles and the specific requirements mately 450 Americans that have not United Nations. These are not people of the United Nations Charter for ad­ been accounted for by Red China. on the border of the Soviet Union. mission to membership in the United I want to thank the gentleman for his These arc among our stanchest allies, Nations organization. kind remarks and contribution. and it disturbs me that apparently there The U.N. Charter is very clear on the Mr. JUDD. Mr. Speaker, will the is a softening attitude. question of membership. Article 4 of gentleman yield? Mr. Speaker, I congratulate the gen4 the charter states that membership in Mr. ZABLOCKI. I yield to the gentle­ tleman again for taking this time today, the United Nations is open ''to all other man from Minnesota. for sounding the alarm that this sort peace-loving states which accept the Mr. JUDD. These are 450 persons of reasoning is irrational. We cannot obligations contained in the present who we know at one time were in their do business with the Communists. We charter and, in the judgment of the or­ hands? have had a whole series of broken prom­ ganization, are able and willing to carry Mr. ZABLOCKI. That is correct. ises, we know that today. Most of out these obligations." Mr. JUDD. We know because some of Europe is in Communist bondage by There is nothing in the conduct of the them sent post cards in their own hand­ reason of this softening attitude. And, Communist regime on the China main­ writing home to their folks. Some of it disturbs me very much to hear re­ land to suggest, even remotely, that it them were allowed by the Chinese to sponsible leaders saying that perhaps is peace-loving. broadcast over their radio from Peiping the time has come to give serious con­ There is not one shred of evidence in and their relatives heard their voices. sideration, when the Red Chinese have the pronouncements of Red China lead­ So, we know they had them. Maybe not indicated one iota of evidence that ers, or in their actions, that they are they are all dead now. But why do the they are worthy of serious consideration willing to carry out the obligations Reds not at least account for them? for admission to the United Nations. placed upon all member states by the This is not the behavior of a government · Mr. ZABLOCKI. I hope that we can U.N. Charter. that qualifies for admisison to the learn a lesson from history. The gen­ But there is ample evidence, as I have United Nations, with any reason to be­ tleman mentioned Great Britain, which already shown, to the contrary. · lieve it will behave itself in the way that is not on the border of the Soviets, and Further, Mr. Speaker, there is an­ civilized nations must behave in carrying w'.l.s willing to recognize Communist Red other-and vitally important-issue in­ on-relations with other nations. China. But, what advantages has Great volved in this entire question of the Mr. ZABLOCKI. First of all, let me Britain obtained from the recognition? admission of Red China to the United say I have little hope that of the 450 We should learn a lesson from the treat­ Nations. . any of them are still alive. I am sure ment that has been accorded to the rep­ Under the charter, China is one of one reason that the Communist Chinese resentatives of Great Britain by Red the fiv.e permanent members of the Se­ are not accounting for them is because China. Further, Great Britain is in a curity Counc.il, and .possesses the veto they could not truthfully tell us how very precarious position in Hong Kong, power. The question of who will sit in they died. They are ashamed of the and if Red China should want Hong 5376 CONGRESSIONAL RECORD - HOUSE March 30 Kong, they could take that area at the United Nations, I am certainly opposed of the world. As I have stated in the snap of a finger. . to any such admission. well of the House, they will use every I again repeat, we must learn from Mr. ZABLO.CKI. Yes, they continued dodge and trick, including failure to tell history. We can only hope to cope with their relations with Red China. the truth. As long as communism exists communism if we first remain strong, Mr. GROSS. They continued to do we cannot live in peace. In the end the help our friends and allies become business while they were supposed to funeral dirge will be sung for one or the strong, and then deal with this menace have combat troops fighting in Korea, in other. It is for us to dodge and from a position of strength. · the Korean war, shipping strategic ma­ maneuver. Mr. DERWINSKI. Mr. Speaker, will terials into China during that war. I congratulate the gentleman for tak­ the gentleman yield? Mr. ZABLOCKI. I agree with the ing this occasion to draw this into the Mr. ZABLOCKI. I yield to the gen­ gentleman, and I cannot fathom the limelight, that there are forces moving tleman from Illinois. thinking of the British on that score. I throughout the world seeking to get an Mr. DERWINSKI. I think the gen­ want to assure the gentleman that my accommodation with evil and totalitar­ tleman's discussion of this subject is taking this time today is not entirely ianism, that will only end in a greater timely, for this reason, that in addition accidental. victory for those who would destroy us. to the allied nations who have indicated Mr. BRUCE. Mr. Speaker, will the Mr. ZABLOCKI. I thank the gentle­ a softer attitude toward Red China and gentleman yield? man for his observation. the Communists in general, we have in­ Mr. ZABLOCKI. I yield to the gentle­ To return to my statement: fluential citizens in the United States man. There remains a second, and separate voicing the opinion that recognition of Mr. BRUCE. Mr. Speaker, I, too, issue of the recognition of the Com­ Red China is inevitable, contrary to the would like to commend the gentleman munist regime on the mainland of China view of some Members of Congress for taking the position he has and bring­ by our Government. against the admission of Red China. I ing to the forefront the majority opinion I believe that the facts which I have certainly wish to commend the gentle­ of the American people in opposition to cited earlier about Red China's conduct man for bringing this matter to our at­ any compromise or any deal with the and attitudes apply with equal vigor to tention again. gangster element that is in control of the the issue of recognition. I would suggest that should he feel it Chinese Communist people. I think it is There is nothing that our country can necessary to off er a resolution in the particularly vital at this time when there gain by establishing diplomatic relations House, he would receive the overwhelm­ appear to be many moves to bring about with Red China. Certainly the experi­ ing support of the Members of Congress. what cannot be done through the front ence of those countries which recognized Mr. Speaker, I commend the gentle­ door, through a back-door approach; the Communist regime should prove man for the timely nature of the speech little deals here and there even with the that. Our recognition, per se, will not Chinese Communists through certain ac .. change Red China's behavior or objec­ he is making. tives. It will provide no assurance that, Mr. ZABLOCKI. I thank the gentle­ commodations, and so forth. I think it is imperative that the United States and after U.S. recognition, Red China will be man. I think I ought to make one thing willing to negotiate, to reach agree­ clear, since repeatedly even I have stat­ the non-Communist world recognize that these are not just opportunists in China, ments, to honor agreements and inter­ ed that some of our leaders are begin.. national law. ning to say that we ought to seriously that Mao Tse-tung and Chou En-lai are hard-line, dyed-in-the-wool, well­ Anyone who maintains that, by · rec­ consider the admission of Red China to ognizing Red China we will cause her to the United Nations, or that we should trained, dedicated Communist leaders; that Mao Tse-tung is the author of the respect the accepted rules of interna­ recognize Red China; I am very happy tional conduct and to honor interna­ that the President is very resolute in Soviet Strategic Handbook of two steps forward and one step backward, the tional commitments, is simply indulging his position and I think will not weaken in wishful thinking. There is absolutely in it. That is the purpose of my taking compromise and the dialectic in action. It is imperative that we recognize, as nothing on record to support such as­ this time on the floor, so that our Presi.. sumptions. dent will know that we are behind him, the gentleman has so well recognized, that it is part of the softening up proc­ I commend the gentleman for his and that we are behind him even if he very clear analysis. I am very happy is moved by necessity to use force, that ess, that with the admission of Red China into the United Nations obviously that he brought out just what the po.. we are united solidly behind our Presi.. litical situation is and what violence dent in dealing with communism from a it would close off the island of Taiwan. As a symbol of resistance, a psycholog­ there exists on the mainland of China. position of strength. There are some who criticize and say Mr. GROSS. Mr. Speaker, will the ical symbol, if nothing more, in this one island they have produced to where the that we are unwilling to assist the poor gentleman yield? starving Chinese. I am sure that we Mr. ZABLOCKI. I yield to the gentle­ leader of the Chinese Nationalists was able to off er as a master stroke surplus would be very happy to share our bless­ man from Iowa. food from the island of Formosa to the ings, but when we see that the Commu­ Mr. GROSS. Mr. Speaker, I want to Red dictator of China for the starving nist regime in China is sending wheat join in commending the gentleman for people of China. Certainly it is wise out for military purposes, should we bringing this issue to the House floor. not to look at the surface manipulations then support that regime by making up It is timely. Only a few days ago or and the deals here and there by those their shortages with our wheat? We comparatively a few days ago, there was who practically within our system have would want to help the Chinese people, a vote in a meeting of the World Health adopted the theory that it is better to but we have no assurance that our aid Organization in New Delhi, India. That crawl on your belly to Moscow than to would get to them. The critics say that vote was comparatively close. But the stand up. This is a time when principle our Government is waiting until the startling thing was that many nations again has to be reestablished. Certainly Chinese stretch out their hands. This abstained from voting on the issue, we have learned by the mistakes in our is not true. We are ever willing to help many more than would have given a ma­ dealings with the other half of the the Chinese people, but we will never aid jority necessary to admit Red China into Moscow-Peiping axis the fallacy of try .. the Mao Tse-tung government. the World Health Organization; in oth.. ing to appease, to compromise. We Mr. DORN. Mr. Speaker, will the er words, getting a foot in the door. dare not confuse our policy regardless gentleman yield? It is timely again, because the British of what some of the so-called enlight­ Mr. ZABLOCKI. I yield to the gentle­ Prime Minister is on his way to this ened neutrals may tell us or the pressure man from South Carolina. country, if he is not already here, as I they put on. The course of liberty in Mr. DORN. I wish to commend and understand. To me it was one of the the generations to come rests on our compliment the gentleman and associate most inexplicable things in connection realizing the dialectical realism, the myself with the timely remarks he has with the Korean war that the British, cold scientific formula being used by this made here today, and also to say that the who were supposed to be fighting in that Moscow-Peiping axis to soften us up, to surest way to lose this cold war is to rec­ war, never severed diplomatic relations get us to agree with what on the surface ognize and put our stami: of approval on with Red China. Now they want to ad­ seems logical in terms of their dialectic the gangster tactics of Red China. mit this nation into the United Nations. as part of the overall conflict in the Mr. HIESTAND. Mr. Speaker, will While I have not too much use for the world. Their goal is clear, the conquest the gentleman yield? 1981 CONGRESSIONAL RECORD - HOUSE 5377 Mr. ZABLOCKI. I yield to the gen­ vote, instead of merely abstaining from The SPEAKER. The time of the gen­ tleman from California. voting. tleman from Wisconsin has expired. Mr. HIESTAND. I congratulate the Mr. HIESTAND. Mr. Speaker, will GENERAL LEA VE TO EXTEND the gentleman again yield? gentleman from Wisconsin for taking Mr. ZABLOCKI. Mr. Speaker I ask this time to place before the House all Mr. ZABLOCKI. I yield to the gentle­ unanimous consent that all M~mbers of the circumstances for and against this man from California. may have 5 legislative days to extend proposed recognition of Red China. I Mr. HIESTAND. I thank the gentle­ man for his very complete answer to my their remarks at this point in the RECORD. congratulate him further for securing The SPEAKER pro tempore. With­ the views of the gentleman from Min­ question. May I again reemphasize the issue. The gentleman has talked about out objection, it is so ordered. nesota [Mr. JUDD] whose very eloquent There was no objection. address is a classic. these great issues and his position is a I have a question for the gentleman correct one. This issue is not the recog­ from Wisconsin, a distinguished member nition of the Chinese people, and the BURNS CREEK PROJECT of the Committee on Foreign Affairs. issue is not talking about recognizing the people of China, but the issue is the The SPEAKER pro tempore. Under Is it not a fact that when we recognize previous order of the House, the gentle­ another nation we are in effect only rec­ question of the recognition of the Com­ munist government. If we, in our com­ man from Idaho [Mr. HARDING] is recog­ ognizing the government of that nation? nized for 10 minutes. Mr. ZABLOCKI. That is true. munications and in our attitude keep that issue clear, I think we can be much Mr. HARDING. Mr. Speaker I ask Mr. HIESTAND. Can we not there­ unanimous consent to revise and' extend fore further make this clear, as the gen­ more effective. Mr. JUDD. Mr. Speaker, will the gen­ my remarks and to include extraneous tleman has so ably stated, by invariably matter. referring to the Government of Red tleman yield? Mr. ZABLOCKI. I yield to the gentle­ The SPEAKER pro tempore. Is there China rather than Red China? We are objection to the request of the gentleman going to recognize China the great na­ man from Minnesota. Mr. JUDD. Let me give some prece­ from Idaho? tion, some day or other: although the There was no objection. gentleman and I may not live to see it. dents on just this point. The Soviet Union seized Lithuania, Latvia, and Mr. HARDING. Mr. Speaker, I Certainly it should never be the present understand that on April 17 and 18 the Government of Red China, that bunch Estonia in 1940. We have never recog­ of unscrupulous conspirators, that have nized that conquest. The free Govern­ Irrigation and Reclamation Subcommit­ so enslaved that great people. ment of Latvia has a legation with a tee of the House Committee on Interior charge d'affaires right here in Washing­ and Insular Affairs will hold hearings Mr. ZABLOCKI. We should not ex­ ton today, 20 years later. I try to go to on the Burns Creek project in eastern tend recognition to the Communist re­ its reception each year on the national Idaho. The gentlewoman from Idaho, gime on the China mainland because by holiday of Latvia to celebrate their equiv­ my colleague, Mrs. PFOST, and I have doing so we would be tacitly agreeing alent of our Fourth of July. The fact introduced bills authorizing the con­ with their abuse of the Chinese nation. that their country, no matter how tiny, struction of this vital upstream reclama­ Very often it is stated, What will hap­ has been crushed and absorbed by a tion project. pen in the United Nations if the United giant does not make it right or perma­ The Burns Creek project is an invest­ States finds itself in the minority? We nent. They are a distinct people with ment in the future of America. It is a will not be able to prevent the admis­ an ancient heritage and honorable his­ project that has had the support of sion of Red China to the U.N. In reply, tory of self-government. Our official the Eisenhower administration and now I say what is wrong about being in the the Kennedy administration. It has minority if we are correct and morally recognition goes to their independent right in our position? government. been backed by Idaho's entire congres­ Another illustration. During the last sional delegations during the past 5 I would like to read a passage on this war Hitler overran Norway and set up years--Democrats and Republicans subject from the report of the 14th what claimed to be the Norwegian Gov­ alike. session of the General Assembly of ernment under a Norwegian named Authorization of the Burns Creek the United Nations, at which I was privi­ Quisling. The rightful Government of project has been urged by the following leged to be a delegate. This is House Norway was driven out. It did not hold joint memorial which passed the Idaho Report No. 1385, 86th Congress, 2d ses­ one island or one foot of Norwegian soil. State House of Representatives and sion. The two Congressmen who served It was in exile in Great Britain. But we Senate without a dissenting vote. Lead­ as members of the United States dele­ never extended diplomatic recognition to ers of both political parties in Idaho see gation had this to say: the Quisling government. It was there the great need for the Burns Creek We are also concerned about what seems it was in power. Some might hav~ project. to be a suicidal tendency in some quarters claimed it was there to stay; so we should HOUSE JOINT MEMORIAL 2 of the United Nations to be more concerned face reality and recognize it as the Gov­ To the Hon orable Senate and House of Rep­ with war prevention at any price than with ernment of Norway. But, very properly, resent ati ves of the Uni ted States in the demands of justice and with the prin­ Con gr ess Assembled: ciples of the charter. Our own Government we did not do that. We continued our h ~s not been above resorting to expediency recognition of the legitimate Govern­ We, your memorialists, the Legislature of with respect to some other issues consid­ ment of Norway in exile until the Nor­ the State of Idaho, respectfully represent ered by the United Nations. We are deeply wegians could regain their freedom. t h at: concerned lest, in the resort to expediency, That is the course we should follow Whereas the multiple-purpose use of the a race may be set off in the United Nations water resoutces of the Snake River has be­ with the Red Chinese regime-until it is come the backbone of the eoonomy of Idaho to settle issues on the basis of strength and weakened and overthrown, or becomes a · of a number of votes, not on the basis of during the past more than 50 years, the right or wrong. we·must determine to face law-abiding, peace-loving government Palisades Reservoir and powerplant, which issues squarely. We must also actively dis­ and ceases its operations against and is located on the upper Snake River near courage the apparent willingness of some within other nations, not only those on the ea.stern boundary of Idaho, being the nations to allow a wrong to be swept under its borders but in Africa and Latin Amer­ most recent addition to this multiple-pur­ the rug. Unless we do this, the latter atti­ ica as well. Such a change of behavior, pose use; and tude can spread with disastrous consequences of course, would by definition mean it Whereas, at the t ime of and ever since for the future of the United Nations. On the planning of the Palisades project it was would have to abandon communism, for and has generally been recognized by the our part, we believe that, under certain cir­ communism requires it to engage in in­ cumstances, the U.S. representation in the Federal Power Commission and other Gov­ United Nations must have the courage to ternational lawlessness, deception sub­ ernment departments, as well as by many persons and groups interested in the devel..;. fail for principle--or else we m ay ultimately version, and violence. Communists will fail because of la.ck of principles. not abandon communism until they are opment of the resources of this State, that compelled, by clear demonstration of the maximum benefits to the Nation and to I hope that even if we should be in a the State of Idaho in terms of power produc­ strength in the free world, to recognize tion and water storage for irrigation pur­ minority, that the United States will that they cannot succeed. The great poses will be attainable from the Palisades still vote against the admission of. Red need now is for steadfast firmness and project only through the construction of a China to the United Nations. And I strength in support of freedom and jus­ reregulating dam downstream to link ir­ hope that we will have the courage to tice. This is the way to real peace. rigation storage releases witl1 the power 5378 CONGRESSIONAL. RECORD - ,HOUS~ March 30 plant of the Palisades project, and the Burn s At this point I wo:ul,;i Uke tQ ipsert ~ the need and the benefit to be derived from Creek project was designed for integration, the RECORD today an excellent edij;orial the Burns Creek'Dam. . operationally and financially with the Pali­ sades project in order to attain the maxi­ from the Idaho Falls. Post-Register on 1-sincerely hope-that when· this project m_um of complementary benefits from both the Burns Creek project. comes before .the Congress that you, my projects; and [From the Post-Register, Mar. 19, 1961] fellow Congressmen, will have the faith Whereas, there is urgent need in the State THE EDITOR' S NOTEBOOK-BmtNS CREEK in Idaho to authorize us to build this of Idaho for greater power production and WEDDING much needed and much sought after in creased. reservoir capacity for the storage reclamation project. . of water for irrigation puposes; and If the Burns Creek Dam were approved in Whereas, the Burns Creek project was the original Palisades Dam package as origi­ -Mr. HOSMER. Mr. Speaker, wtll the determined to be feasible by the Secretary n ally intended, there would have been no gentleman yield? of the Interior in his report, dat ed Febru­ need for this week's d ivisive hearings in Mr. HARDING. I yield~ . ary 26, 1957, and both the Department of Washington, D.C. Mr. HOSMER. I say it is a project the Interior and the Bureau of the Budget The private power utilit ies in Idaho and that has been concocted to generate reported favorably on legislation to author­ Utah raised no objection to Palisades Dam. power. The irrigation features of it are ize this project by letters directed to the They are vigorously opposin g the downstream so minor as to be almost not apparent chairman of the Senate Committee on In­ appendage to Palisades Dam and they have terior and Insular Affairs of the 85th Con­ drawn several key Congres~men along with to the naked eye. As a consequence, I gress, which committee reported favorably on them. asked the gentleman to yield that I the bill (S. 2757) in the 85th Congress which What opponents of Burns Creek Dam have might have on the record my thoughts would have authorized the const ruction of f ailed to realize is that Burns Creek Dam is and feelings in order that the Congress the Burns Creek project, and reco·mmended really part and parcel of Palisades Dam. might know that the merits of the Burns that it do pass: Now, therefore, be it The original draft for Palisades Dam in­ Creek project are not undisputed. Resolved, by the 37th session of the L eg­ cluded the reregulating dam downstream at HALEY. Mr. islature of the State of Idaho, now in ses­ Burns Creek. But it was taken out of the Mr. Speaker, will the sion (the senate and house of representa­ first proposal becau se it was felt by water gentleman yield? tives concurring), That we most respectfully leaders in Idaho anxious to obtain additional Mr. HARDING. I would like to an­ urge the Congress of the United States of irrigation storage that it would be too large swer the gentleman from California first; America, to proceed with all due speed to a project for Congress to digest in one swal­ then I will yield to the gentleman from enact legislation ·similar to Senate ·bill 2757 lowing. It is nevertheless a natural adjunct Florida. of the 85th Congress authorizing the con­ to Palisades Dam, and has always been con­ struction, operation and maintenance of · a sidered so by water leaders. During a recent hearing before the reregulating reservoir and other works at The fact that Burns Creek Dam almost Senate Committee on Irrigation arrd the Burns Creek s.Ue in the upper Snake allows a doubling of power when operated in Reclamation Lynn Crandall who for 29 River Valley, Idaho, and to implement such conjunction with Palisades Dam for nearly years was the watermaster of the Snake authorization with necessary appropriations; half the cost of Palisades is not the only River in Idaho and knows more about and be it further cogent reason for approving the Burns Creek the Snake River than any other person Resolved, That the secretary of state of site. There is a little matter of 100,000 acre­ in Idaho, was asked if this was not a the State of Idaho be, and he hereby is, au­ feet of supplemental irrigation storage that thorized and directed to forward certified power project, and he stated that the can be of inestimable value in a dry year­ project was for the irrigators of Idaho copies of this memorial to the President the "make or break" margin poss.ibly. and Vice President of ·the United States, · The most important phrase to come out but that the REA's and municipalities the Speaker of the House of Representatives of the hearings this week on behalf of Burns merely jumped on the bandwagon. The of the Congress, and to the Senators and Creek was this one "• • · • the full poten­ fact that 97 percent of, this project is Representatives representing this State in tial use of the Snake River in that stretch allocated to power is good, because it the Congress of the United States. of the river." This means power, irrigation, enables us to repay this ·money to the Mr. Speaker, the Burns Creek project recreation, and wildlife development. And Federal Government with interest. we should not forget that power is to be It is also interesting to note that there has the endorsement of farmers, labor utilized for irrigation pumping as well as unions, small businessmen, municipal­ sei"vicing Idaho Falls and REA's which. have are some 9 million acre-feet of water ities, rural electrification associations, been traditional public power users. stored at the Hoover Dam that is being chambers of commerce, and wildlife Yes, Burns Creek Dam is primarily a power used for irrigation, for municipalities, groups. Never in the history of the installation and, yes, it is more expensive and for industrial water users, yet not State of Idaho has a project had more than Palisades Daim.. but what succeeding 1 cent of the cost of the Hoover Dam unanimous endorsement and support project on the Snake isn't? We have used was charged back to irrigation; it was than the Burns Creek project. up our first choice sites. But is the Snake all charged to electric power. It is being opposed only by selfish spe­ River and its ~onomy to be denied the full potential of the Snake? The ratio of Mr. Speaker, I now yield to the gentle­ cial interests in Idaho along with other benefit to cost, considered with Palisades, is man from Florida [Mr. HALEY]. opposition they are now attempting to st.ill l.(!5 to 1 and that's the way it should Mr. HALEY. I just want to say to enlist throughout the United States. be considered. my distinguished friend that before he The Burns Creek project is an excel­ Representative JoHN P. SAYLOR of Penn­ goes too far overboard on these things lent multipurpose project. The wide sylvania said Thursday that he "had heard I think he ought to have probably some support it has is evidence of this. It there may be a couple· of sites for develop­ of the real history of this project. The would store 100,000 acres of vital irri­ ment on the stream with twice as much gentleman has just said that the people gation water. In addition it would act water" as he tried some almost ludicrous who oppose this project were ·not en­ as a reregulating reservoir allowing the heavyfooting on the Burns Creek project. If there is, it goes without saying that the lightened. Maybe I am not enlightened Palisades power plants to be used at full Bureau of Reclamation that has investi­ and probably will not be insofar as this capacity to meet peak loads. Further­ gated the upper Snake River from stem to project is concerned, but I would like rr.:.ore, it would contain a power plant of stern, would like to know about them. Con­ to call the gentleman's attention to the its own with a capacity of 90,000 kilo­ gressman SAYLOR must have been thinking of fact that power in the Burns Creek proj­ watts. In addition the Burns Creek Dam something downstream on the Snake. What ect is 98.7 percent. · Admittedly it is would provide a beautiful mountain res­ he and a lot of other nonreclamation State purely and simply a power project, with ervoir that would enhance the fishing congressmen have never given any thought is that water should be saved in the up­ only 1.3 percent for irrigation and and recreational activities of a fast­ stream reaches for full benefit. reclamation. growing population. Despite the hearsay approach of Congress­ The gentleman talks about the huge The Burns Creek project would cost man SAYLOR and the erroneous pamphleteer­ reservoir he might create there, but he roughly $48 million. However, 99.9 per­ ,ing of the Utah Power & Light Co., Burns could do that same thing by simply cent of this money would be repaid to the Creek may still survive. One of the forays building a reregulating dam at a cost of Federal Government and 97 percent of by the power company-the charge that about $5 million. The warning I want the repayment would be with interest. Palisades has bypassed water for irrigation to to give to my distinguished friend is this: We make power for preference customers-has are asking our fellow Americans been neatly nailed down as a bald misstate­ In the 17 Western States where·you have ·to have the faith in our region and our ment- 'by Watermaster Henry Eagle of Idaho irrigation and reclamation you are in a region's economy necessary to build this Falls. The power company a.pparently for­ very favored position. Now, do not mis­ much needed project which will enable got that the water users keep records on the understand me. · I think there have been us to fully utilize our natural resources. river, too. And their records clearly show tremendous improvements ·In that re- 1961 CONGRESSIONAL- RECORD ~- HOUSE 5379 spect but, on the other hand, I want the unenlightened and anyone who approved Mr. HALEY. Mr. Speaker, will the gentleman to recognize the fact that the . of the Burns Creek project is enlight­ gentleman yield further? Congress in its wisdom has put the 17 ened. I do not know where our col­ . Mr. SAYLOR. I am happy to. western reclamation States in a very league got his information that he gave Mr. HALEY. Of course, the gentle­ favored position at great cost to the here on the floor of the House, but he man knows that if this project were au­ other taxpayers of the United States. said that this was a self-liquidating thorized and built, it would supply elec­ There is going to come a time when if project. tric energy at probably the highest cost you abuse this privilege, which I think Now, I think my colleagues of the of any project ever attempted to be built you are doing in this particular project, House should know that the Department by the Federal Government. What I you are going to lose that preferential of the Interior has been submitting re­ was warning my young friend about status that you in the Western States ports on this project for quite a num­ just a short while ago was that he have enjoyed, all of the reclamation ber of years, and every report that the should not mislead, because if the Burns States that come under this preferential Department has submitted has indicated Creek project had to stand on its own, law. You had better look to what you that it is not only not a self-liquidating without the assistance of the Palisades are doing because if this Congress or project but they further state that this project it never could have been built the Members of the Congress who in project is so poor that the sale of the under any law. fact vote time and time again to sub­ power at the prevailing rate in the area Furthermore, what I was trying to sidize power in your Western States, help will not even pay the interest on the warn the Members of Congress from you build up your economic situation bonds which it will be necessary to float these reclamation States about was by the erection of irrigation and recla­ in order to secure money to build this thjs: If you abuse thfa power that exists mation projects, if you abuse that, my project, let alone ever pay out the princi­ in the reclamation laws, they are going young friend, there will come a time pal of it. to be faced with a situation where, in when the Congress will clamp down. Now, those who live in that area of my opinion, one of these days Congress After all, this takes money, and it comes the country have decided they would will rebel against that particular se.ction from all of the taxpayers of the United like to have the Burns Creek project de­ of the Nation. ' States. Do not forget that you are veloped as a public power project under Mr. Speaker, I know that the gentle­ receiving hug~ subsidies in every respect, the guise of reclamation. As our col­ man from Pennsylvania [Mr. SAYLOR], and if you abuse that privilege you are league, the gentleman from Florida [Mr. for a long period of time has been favor­ going to lose your favored position, HALEY], has just commented, approxi­ ably inclined toward real irrigation and which I hope will not come about. But mately 98-and-a-fraction percent of this reclamation projects and has helped to you will bring it on yourselves by pre­ project is public power and three­ put many of them through the commit­ senting to the Congress projects that tenths of 1 percent, according to the tee. I say to the gentleman, let us not are not justified under the irrigation figures submitted by the Bureau of penalize anyone here, because he knows, and reclamation laws of this Nation. I Reclamation, is for reclamation pur­ as practically every member of the com­ thank the gentleman for yielding. poses, and a fraction of 1 percent is al­ mittee does, that if we are to authorize Mr. HARDING. I am delighted to located to fish and wildlife. this project, it would not be justified; hear the remarks of the gentleman from Now, the only way that this project the cost ratio is entirely out of line. Florida. May I say at this point that can ever be financed is to saddle a good And as the gentleman has well said, nowhere in my statement have I said reclamation project in the State of standing alone this project would not that people who oppose this project are Idaho, namely, the Palisades project, even pay the interest on the money and unenlightened. I have said before this with the full cost of this power site and further, it would take away several mil­ is a good project. I only wish I had this power dam that is proposed to be lions of dollars, in order to keep it in more time to discuss it here today. I built. Now, long before our colleague operation, from the Palisades project, see also my good friend from Pennsyl­ came to the Congress from Idaho and which money could be used in a few vania in the Chamber, and I wish we had under two prior administrations, Demo­ years to expand other projects in irri­ 10 hours instead of 10 minutes to discuss crat and Republican, the Department of gation and reclamation. the Interior has been endeavoring to get I thank the gentleman for his courtesy it. But in concluding the discussion of in yielding me. this vital multiple-purpose project, I can this project through. to only say that I wish all projects were Mr. HALEY. Mr. Speaker, will the Mr. SAYLOR. Mr. Speaker, I thank gentleman yield? my colleague for his kind remarks and as good. Ninety-nine and nine-tenths his contribution. percent of the cost of this project will Mr. SAYLOR. I will be happy to yield to the gentleman from Florida. Mr. Speaker, we who come from non­ be repaid to the Treasury, 97 percent of reclamation States are delighted to as­ this with interest. Then after com­ Mr. HALEY. I just want to say to sist those people who come from States pletely paying for itself it will return my distinguished friend from Pennsyl­ that have projects which are genuine about 4 percent of its cost to the Treas­ vania that I think he is probably as well reclamation projects. I am proud of ury annually. This is what I call a good informed and probably as sympathetic the record that I have made and that project. as any man in the Congress when it this Congress has made since I have The SPEAKER. The time of the comes to irrigation and reclamation been a Member of it, in approving good gentleman from Idaho has expired. projects. I sat on the committee with reclamation projects. We have ap­ him for 8 years, and I know that he is proved projects in almost all of the 17 and has been and probably will continue Western States. It was my good for­ BURNS CREEK PROJECT to be interested in real irrigation and tune to be a member of the House Com .. reclamation projects. In defense of our Mr. SAYLOR. Mr. Speaker, I ask young friend who has just left the floor, mittee on Interior and Insular Affairs unanimous consent to address the House when the original bill for the Palisades I think that probably he needs a little project was introduced by our colleague for 10 minutes, to revise and extend my of the background that the gentleman remarks, and that they appear following from Idaho, John Sanborn. That from Pennsylvania and the gentleman project was approved. It is a good the remarks of the gentleman from from Florida and the gentleman from Idaho [Mr. HARDING] in the body of the project. It puts water on the land to California have on this project. produce crops for the benefit of all. It RECORD. The gentleman from Pennsylvania The SPEAKER. Is there objection has some power connected with it, and [Mr. SAYLOR] well knows that had the the power is produced at a low rate and to the request of the gentleman from Burns Creek project been attached to is being sold to the people in that area Pennsylvania? the Palisades project at the time that at a low rate. But it will pay out. There was no objection. project was presented to the Congress, If those who support the Burns Creek Mr. SAYLOR. Mr. Speaker, our col­ it is doubtful that the Congress would project persist in trying to put over league, the gentleman from Idaho [Mr. have authorized that project. projects like this, if we approved it we HARDING], inferred in his comments on Mr. SAYLOR. That is correct. Even would not be abiding by the reclamation the Burns Creek project that anyone the advocates of the Palisades project law. Because under every standard who opposed the Burns Creek project is now admit that. that has been set up in the law from 5380 CONGRESSIONAL RECORD - HOUSE March- 30 1902, when the original Reclamation Amend the title to read as follows: "An FEDERAL AID TO CHURCH-RELATED Act was passed, until the revision of Act to amend section 510 of the Interstate SCHOOLS Commerce Act so as to extend !or twenty­ 1939, this project cannot be built. seven months the loan guaranty authority The SPEAKER. Under previous or­ I shall have more to say on Burns of the Interstate Commerce Commission." der of the House, the gentleman from Creek when the House reconvenes after And the Senate agree to the same. Illinois [Mr. PucINsKI] is recognized for Easter. OREN HARRIS, 15 minutes. JOHN BELL WILLIAMS, Mr. PUCINSKI. Mr. Speaker, I ask WILLIAM L. SPRINGER, FURTHER MESSAGE FROM THE Managers cm the Part of the House. unanimous consent to revise and extend SENATE my remarks and to include extraneous GEORGE A . SMATHERS, matter. A further message from the Senate by FRANK J. LAUSCHE, Mr. McGown, one of its clerks, an­ A. S. MIKE MONRONEY, The SPEAKER. Is there objection nounced that the Senate had passed ANDREW F. SCHOEPPEL, to the request of the gentleman from without amendment a concurrent reso­ JOHN MARSHALL BUTLER, Illinois? lution-of the House of the following title: Managers on the Part of the Senate. ·. Ther.e was no objection. Mr. PUGINSKI. Mr. Speaker,_ per­ H. Con. Res. 211. Concurrent resolution STATEMENT haps .one of the most widely discussed that when the House adjourns on Thursday, , The managers on the part of the.House at March 30, 1961, it stand adjourned until 12 the conference on the disagreeing votes of and debated subjects in America today o'clock meridian on Monday, April 10, 1961. the two Houses on the amendments of the is the question of Federal aid to educa-- Senate to the bill (H.R. 1163) to amend tion, and in particular Federal aid to The message also announced that the section_510 of the Interstate Commerce Act church related schooJs- Senate agrees to the report of the com­ so as to extend for 15 months . the Joa!! - The other day the Department of mittee of conference on the disagreeing guaranty authority of the Interstate Com­ Health, Edueation, and Welfare pre­ votes of the two Houses on the amend­ merce Commission, submit the following pared an analysis of the legal aspects of ments of the Senate to the bill een more Law and Contemp. Prob. 144, 147-152 (1949); relevant- than the identity o! the payee of Van Alstyne, "Tax Exemption of Church 12 See Pfeffer, Church, State and Freedom the Government check. Property," 20 Ohio St. L.J. 461 (1959); note, (1953), at 474-475. A program' of financial aid to qualified 49 Colum. L. Rev. 968 (1948). u See footnote 4, supra. students attending institutions of their 11 The same could be said of according the 14 See, for example, Opinion of the Justices.. choice to carry out a public policy of assist­ benefits of State incorporation laws to supra; cf, Schad~ v. Allegheny 9ountry Insti­ ing unusually able students to develop their churches. · tution District, supra. full potentialities, or to encourage study in 1961 CONGRESSIONAL RECORD - HOUSE 5387 subjects where there is a shortage of ade­ · not be coerced into church attendance, but meet none of the criteria suggested in. the quately trained persons to serve national making church attendance possible cannot, foregoing section. Indeed, if such grants needs, does not seem to raise a serious ques­ under the facts of military organization, be would not violate the establishment provi­ tion. The support which a particular re­ constitutionally proscribed. And the differ­ sion of the first amendment as judicially ligious institution might receive would de­ ence between using public facilities within interpreted, it is difficult to think of a form pend upon the student's choice and would the armed serVices and permitting the use of Government aid which would. Aid by seem, therefore, both indirect . and inci­ of public facilities in the released time way of grants to sectarian schools could dental. From the governmental viewpoint school cases is found in the different de­ only be justified by a reversal of the Su­ it would depend upon chance, not govern­ mands of military life and the life of school preme Court's interpretation of the estab­ mental decision. There would seem to be children in a typical American community. lishment clause and a new interpretation 110 constitutional significance to the fact The Everson case itself provides an ex­ which would regard it as merely prohibiting that, like other problems of probability, some ample, for once it has been determined that discrimination among religions. Whatever statistical prediction might be possible of the legislative purpose relates to the safety its historical justification, this latter inter­ how much aid particular religious institu­ and health of children, it is difficult to see pretation of the clause has been urged upon tions might receive. Only if selective stand­ how it could be accomplished without in­ the Court in the cases cited and rejected ards of eligibility of recipients were to be cluding all children. by nine Justices in Everson and by eight in virtually abandoned so that all college stu­ One final example where the practicalities Mccollum. While the tone of the Zorach dents were eligible would the program appear are relevant is the GI bill. The purpose of opinion may imply a slight modification of a disguised method of assisting all colleges, the bill was readjustment of veterans to the rigid separation doctrine espoused in Mc­ including sectarian ones. Under such a sys­ civilian life by making it possible for them Collum, it is clear that it did not modify tem there would be no fundamental differ­ to continue their education. To have con­ the Court's earlier interpretation of the es­ ence between the award of scholarships and ditioned their benefits on attendance at a tablishment provision in any substantial direct payments to colleges on a per capita secular institution would have been im­ way. Rather, the opinion reiterates the basis. A program so equivalent to direct practical in View of the number of veterans principle that Government m ay not finance subsidy would transcend, we believe, the and the limited educational resources avail­ . religious institutions. constitutional prohibition. able. In view of the short-range duration Since the Supreme Court has spoken, the Everson put some emphasis on who re­ and urgency of the progr&m, the construc­ only serious argument put forward against ceived the assistance, student or institution. tion of adequate additional facilities would this conclusion rests more on considera­ From this it has been argued that while have been impractical if not impossible.15 tions of fairness than of law. The argu­ assistance to the institution itself is pro­ Thus, the legitimate legislative purpose ment is that, because sectarian schools meet hibited, assistance to the student is more could not have been achieved by other rea­ all prescribed standards of education and likely permissible, even though, function­ sonable means. because they contribute significantly to the ally viewed, a similar purpose is served. This One cannot blink the difficulties of education of American children, they should Vliew overstates the significance of form applying this criterion, nor do we suggest be entitled to governmental assistance. alone. We believe that who receives the it is by any means conclusive. In some This argument ls bolstered by stating that, benefit is important only where form serves instances the support of religious institu­ in effect, the refusal to grant assistance a substantive end. The examples above il­ tions incident to a legitimate public policy to children attending such schools consti­ lustrate that it is not simply the identity of may well be so direct and substantial that tutes a discrimination against them incom­ the payee which is the determinant of the policy itself may be legislatively un­ patible with the spirit of the fifth amend­ constitutionality. attainable despite the absence of practical ment, and, viewed realisticaly, violates the 4. What alternative means are available alternatives. mandate of the first amendment against to accomplish the legislative objective with­ One final argument made by proponents prohibiting the free exercise of religion. out resulting in the religious benefits ordi­ of governmental aid to nonprofit private The diffiqulty with this viewpoint, apart narily proscribed? Could these benefits be schools should be mentioned. It has been from the fact that it has been consistently avoided or minimized without defeating the suggested that the only criterion is whether rejected by the courts,10 lies in the fact that legislative purpose or without running afoul · or not the religious institution benefits qua students attending such schools do so as a of other constitutional objections? i:eligious institution or as a member of a matter of free choice. If the choice is not Within this category, where the constitu­ more general class. This argument seems to "free" it is because of the religious beliefs tional significance of incidental religious be directly contrary to Everson and meets of the individuals making the choice, not assistance is discounted in part by neces­ none of the criteria which we believe are because of governmental edict. Since the sity, one could include many of the tradi­ determinative of constitutionality. This public schools are open to all children with­ tional "benefits" received by church organi­ argument seeks to avoid the Constitution out exception, it cannot be argued that con­ zations; for example, police protection, fire · rather than to apply its terms as judicially stitutionally proscribed discrimination exists. protection, and sewage disposal, although interpreted. Benefits of some kinds may be The prohibition embodied in the free these could also be justified by other criteria conferred upon general classes, as earlier exercise provision of the first amendment is suggested above. The point is that protec­ suggested-property owners, corporations, only a prohibition against Government ac­ tion of health and safety within the com­ and nonprofit organizations-but we do not tion which interferes with religious free­ munity cannot reasonably be accomplished believe that the prohibition of ta.,c-raised dom. The Constitution does not require the without including religious institutions "support" Of religious institutions can be Government to create conditions which within the class of beneficiaries. Further­ circumvented merely by giving like support make the free exercise of religion less bur­ more, to exclude religious institutions from to other institutions, however numerous. densome financially. the class benefited would probably be viola­ IV tive of the first amendment as tending to (b) General educational loans to private prohibit freedom of worship and of the due Legislative programs and proposals nonprofit elementary and secondary schools. process clause as an unreasonable classifica­ Against the authority and criteria al­ tion. ready discussed, this section considers legis­ 10 In Swart v. South Burlington Town Another illustration of the criterion here lative proposals which have been introduced School District, 167 A. 2d 514, supra, the applied lies in the employment of chaplains or which may possibly be seriously urged. Supreme Court of Vermont forbade the pay­ and the construction of churches and places These are (a) general educational grants to ment of tuition by the school district for of worship by the Armed Forces. The pur­ private nonprofit elementary and secondary students attending a parochial school. In pose of employing chaplains is related to schools; (b) general educational loans to meeting the argument stated above, the the morale and discipline of the forces, and private nonprofit elementary and ~econdary court said (at pp. 520-521): "Considerations 1t is difficult to see how an army could ef­ schools; ( c) special purpose programs. of equity and fairness have exerted a strong fectively perform its military functions with­ (a) General educational grants to private appeal to temper the severity of this man­ out making provisions for the moral welfare nonprofit elementary and secondary schools. date. The price it demands frequently im­ of the troops. In the context of military Federal grants to sectarian schools for poses heavy burdens on the faithful parent. operations, this purpose can be effectuated general educational purposes would run He shares the expense of maintaining the only by active assistance on the part of the squarely into the prohibitions of the first public school system, yet in loyalty to his Government. amendment as interpreted in the Everson, child and his belief seeks religious training Conversely, to refuse to facilitate religious McCollum, and Zorach cases. Grants for for the child elsewhere. But the same funda­ activities would be to throw the power of assistance in the construction of general mental law which protects the liberty of a the Government against religion, not to school facilities and for increasing teachers' parent to reject the public system in the in­ maintain neutrality. To make it legally or salaries, to be administered by governmental terests of his child's spiritual welfare, en­ factually impossible for a soldier to worship agencies and made available directly to sec­ joins the State from participating in the re­ freely and to fail to adjust military neces­ tarian schools, are the clear case of what ligious education he has selected. See sity to religious freedom, within reasonable is proscribed by the Constitution. They Pierce v. Society of the Sisters, 268 U.S. 510, limitations, would itself be unconstitu­ 45 S. Ct. 571, 69 L. Ed. 1070, 39 A.L.R. 468. tional. Here, it seems, history and constitu­ 14 To have excluded from its benefits those "Equitable considerations, however com­ tional theory require cooperation of church veterans who, by conscience or preference, pelling, cannot override existing constitu­ and state not to breach, but rather to pre­ wished to attend sectarian institutions tional barriers. Legislatures and courts alike serve, the "wall of separation." Soldiers may might conceivably have violated due process. cannot deviate from the fundamental law." 5388 ~CONGRESSIONAL RECORD _~ .HOUSE March 30 It has been suggested that even if grants in number and size. Typically, s.uch pro­ that pol1ey by making education at the lower to sectarian .elementar.y and secondary grams either bear a clear-cut relationship levels compulsory. In order tel compel the schools are unconstitutional, long-term to children's health or promote a special . education o!.. children,. States were obliged low-interest loans would not be. While we , purpose with a clear national defense im­ - to provide a system of education which was believe that loans constitute a less substan­ plication. These programs are devoid of . open to all. In addition, it was pl'ohibited to tial .assistance to. religion than outright . any .substantial aid to the religious func­ the States to teach religion or to give a grants, we are persuaded by the decisions tion, and such aid as might possibly occur . religious education in auch schools. What­ of the Supreme Court that this proposal is ls: both remote. and. unavoidable. ever other courses might. have, in theory or no less a form of support than grants and is To what extent a special purpose provides . even in fact, been possible the States_ chose equally prohibited by the Constitution. constitutional legit.imacy to assistance to to implement their policy by a s_ystem of free Loans are prohibited by the rationale of the elementary or secondary schools depends on public schools. Everson decision, and this conclusion is re­ the extent to which the specific objectives The history of college and uni'lersity edu­ inforced by Mccollum, where the Supreme being advanced are unrelated to the religious cation is almost precisely the opposite. Court declared unconstitutional the provi­ aspects of sectarian education. The prob­ · While from a relatively early date the Fed­ sion of classrooms in a public school for lem is complicated because assis.tance for eral and some State governments subsidized religious instruction during "released one purpose may free funds which wo\lld State universities and coliegeB", the bulk of time."-i7 No measurable cost to the Gov­ otherwise be devoted to it for use t.o support · ·a.d-va.nce.d :education et­ the school facilities tipped the balance. ter understand the slgn1ficance· of sectarfan 18 One seeming exception, more apparent tal constitutional principles is likely to be appUed. to each particular factual situation. as compared to secular teaching. At some than real, has been the aid given over a sectarian institutions he is not required to 5-year period by the National Institute of V study religion, but if he chooses to do so, or Mental Health under 42 U.S.C. 242a to three Higher education chooses an institution where religious in­ divinity schools to develop curricula for struction is mandatory, he is merely assert­ training clergymen in the recognition and This memorandum has discussed first amendment principles, relevant judicial de­ ing his constitutional right to the free ex­ understanding of mental illness. For the ercise thereof. purpose of such aid, clergymen along with cisions, and criteria for determining the teachers and lawyers are looked upon as constitutionality of specific legislative pro­ There are thus important differences be­ groups which frequently deal with individ- · posals all in the context of elementary and tween school and college, not only in terms uals in personal difficulty. The develop­ secondary education. Since proposals are of history and tradition but also in terms of ment of training for such groups- presents currently being advanced in the field of the compulsory nature of attendance. There an opportunity to advance the practical higher- education, it is appropriate to give are differences, too, from the standpoint of utilization of psychiatric knowledge. Such consideration to the significantly different the national interest involved. At the col­ aid would seem to fall, therefore, within the context in which any constitutional problem lege and graduate levels the public institu­ special purpose doctrine. concerning these proposals might arise. tions alone could not begin to cope with A more difficult case is the program tor the The constitutional principles involved are the number of young men and women al­ disposal of surplus Government property obviously the same whether the subject ls ready in pursuit of higher education, and which includes sectarian institutions.. Cer­ elementary and secondary school education expansion of these institutions or the crea­ tainly, measured by the criteria set out in or higher education, but the factual circum­ tion of new ones sufficient to meet the ex­ this memorandum, this program has in some stances surrounding the application of the pected increase of enrollment is out of the in!:tances approached and, it can be argued, principles are dramatically different. The question. The effort which it is agreed must has even transgressed constitutional bound­ reasons are largely historical. now be made in t.he field of higher education aries. In most such cases, however, the The history of education in the United would, i.f confined to public institutions, property disposed of did not directly benefit States at the grammar and high school level force an ever more in.tensive. selection of the religious programs and training in sec­ is largely one of free public schools. While tarian schools. In any event. the general pi:ivate institutions exist and cannot be con­ 10 The U.S. Department of Health, Educa­ language, the long history in similar preced­ stitutionally prohibited, the !act of the mat- tion, and Welfare, Office of Ed-.ucation, esti­ ing programs, and the legislative acquies­ . ter is that some 85 percent of. children. in mates that of those who graduate. from high cence in such disposal make quite clear the the United States are educated in public school 43 percent enter c.ollege on a full-time intention of Congress that sectarian insti­ schools. The reason for this historically lies basis and 10 pereent on a part.-trme basis. tutions not be excluded altogether from the · both in the public policy perceived in. edu- · Of those who do enter, approximately 60 benefits o:C the program. · eating children and in tlle. implementation of percent eventually cradua.te. 1961 CONGRESSIONAL RECORD -:- HOUSE 5389 students and ever more, concentrated effort All of the foregoing factors related to : Because of the rule in Massachusetts v. to guide them into fields of study deemed higher education are, of course, relevant to Mellon,. existing Federal aids to education important to the national defense and wel­ the scholarship grants. In addition, the de­ have presumably been immune to attack in fare. It would likely induce these institu­ cision as to which college is attended is the courts on the ground that they violate tions to overemphasize particular fields of entirely controlled by the student. the Constitution. There is, therefore, no study to the 'Cietrhnent of a balanced cur­ - · The additional cost-of-education grant significance to be attributed to the fact that riculum. Such warping of our educational paid to the institution is also, in effect, the existing programs have· not· been liti­ policies is not to be contemplated lightly, closer to a scholarship than a grant to sup­ gated. We can regard them as precedents and, to the extent that Congress finds it ap­ port the institution chosen. Tuitions vary only for what the Congress and the P.resi­ propriate to encourage expansion of our among colleges owing both to cost differ­ dent, not the Supreme Court, regard as university and college facilities, Congress entials and the size of endowment and within the first amendment. must be free to build upon what we have, annual private or public subsidy, but invari­ If Congress wishes to make possible a the private as well as the public institutions. ably the cost of education exceeds the tui­ constitutional test of Federal aid to sectarian All these considerations indicate that aid tion charged. It is to take account of this schools, it might .authorize judicial review to higher education is less likely to en­ fact that the scholarship grant is supple­ in the context of an actual case or contro­ counter constitutional difficulty than aid to mented by a cost-of-education allowance. versy between the Federal Government and primary and· secondary schools. The same In essence, it too is subject to-the student's-, an institJition seeking some form o! assist,. considerations apply even more forcefully to not the Government's, educational choice. ance. graduate and specialized education. , The payment to the institution is in · For. example, Congress .could direct the The administration bill to assist higher reality merely a supplement to the scholar­ Commissioner of Education to make some education authorizes loans to institutions, ship, no less valid constitutionally than the benefit available to private schools with a without distinguishing between public and scholarship itself. To regard such payments requirement that such benefit shall not con­ private ones or between those under secular ·as unconstitutional would make the ques­ tribute to an establishment of religion or and sectarian sponsorship. It also provides tion of who receives the payment the one prohibit the free exercise thereof. The sa.me for college scholarships awar-ded on a com­ decisive criterion and -sacrifice substance to legislation would also provide for a hearing petitive basis. These -schvlarships may be form: on a; written record of any application re­ used at any accredited college which the re­ Weighing all these factors, we conclude jected and a statement of findings · by the ·cipient selects. In addition, the bill pro­ that the administration's proposals for high­ Commissioner. The Commissioner•s decision vides for the payment to the college of a er education are within constitutional rejecting any application !or a benefit would cost-of-education allowance to supplement limits.20 be made -subject to judicial review. If the the scholarship. · VI Commissioner were to reject the application of a sectarian school on the ground that ex­ Governmental assistance directly to col­ Judi.cial review leges for the construction and expansion of tending the benefit would violate the statu­ The constitutionality of existio,g Federal tory provision embodying the prohibition of academic facilities perhaps raises, in the case legislation which confers some incidental of sectarian institutions, a closer constitu­ the first amendment, the applicant could benefits upon sectarian educational institu­ then in effect litigate the constitutional tional question than scholarships. Funda­ tions has never been tested in the courts. mentally the distinction between assistance question in court. Federal spending legislation ordinarily car­ In the absence of some such statutory to sectarian colleges and assistance to sec­ -ries no provisions for judicial review. In the ·tarian elementary and high schools rests provisions, there appears to be no realistic absence of such provisions, the only chal­ likelihood that Federal legislation raising the upon differences between the educational lenges to spending legislation usually come system which exists in the United States at · constitutlona:l issues discussed in this memo­ in the form of suits by individual taxpayers. randum will be resolved by ju'Ciiclal decisio]l. the college and graduate school level and the These litigants lack standing sufficient to predominantly free · public educational sys­ ALANSON W. Wn.LCOX, sue 1n a court of the United States, and, General Counsel, Department of tem at the elementary and secondary_school where a party to a lawsuit lacks .sufficient Health, Education, and Welfare. ·level. These differences .create importantly standing, there is nc. "case or controversy" different factual circumstances against which the Federal courts may decide. This which the criteria previously discussed must requirement of a "case or controversy" is .APPENDIX A be considered to determine the constitu­ imposed upon the Federal courts by article Bibliography tional question. - III of the Constitution, and there appears Federal Aid to Education We are riot, at the college level, dealing to be no way in which legislation can dilute I. Books with a system of universal, free, compulsory this requirement. Beth, Loren P ., "The American Theory of education available to all students. The The Federal rule with regard to standing Church and State." Gainesville: University process is more selective, the education more to su~ on the part of a taxpayer was estab- of Florida Press (1958) . -specialized, and the role of private institu­ . lished in 1923 in the case of Massachusetts Blanshard, Paul, "God and Man in Wash­ tions vastly more important. There are ob­ v. Mellon, 262 U.S. -447, and is significantly vious limitations upon what the Govern­ different from the position of a taxpayer ington." Boston: Beacon Press (1960). Brady, Joseph H., "Confusion Twice Con­ ment can hope to accomplish by way of in a municipality. In that case, .Mr. Justice founded: The First Amendment and the Su­ expanding public or other secular educa- Sutherland distinguished the two positions preme Court." South Orange: Seton Hall . tional facilities. If the public purpose is as follows: to be achieved at au, it can only be achieved University Press (1955). "But the relation of a taxpayer of the by a general expansion of private as well as Chambers, M. M., "The Colleges a.nd the public colleges. of sectarian as well as secu­ United States to the Federal Government is Court, 1946-50." New York: Columbia Uni­ very different. His interest in the moneys of . versity Press (1952). lar ones. the Treasury-partly realized from taxation Loans for construction of facilities may be Corwin, Edwin S., "The Suprem.e Court as and partly from other sources-is shared National School Board" (reprinted from less constitutionally vulnerable than grants with millions of others; is comparatively for the same purposes. But this distinction Thought-the Fordham University Quar­ minute and indeterminable; and the effect terly) (194.8). is not here the only one or perhaps even the upon future taxation, of any payment out crucial one. More important are the dis­ of the funds, so remote, fluctuating and un­ Cuninggim, Merriman, "Freedom's Holy tinctive factors present in American higher Light." New York: Harper & Bros. (1955). education: the fact that the connection be- certain, that no basis is afforded for an ap­ peal to the preventive powers of a court of Fund for the Republic, "Religion and the -tween religion and education is less appar­ . Schools." New York (1959). ent and that religious indoctrination ls less equity" (262 U.S. 487). The Federal courts are similarly barred Hintz, Howard W., "Religion and Public pervasive in a sectarian college curriculum; Higher Education." New York: Brooklyn the fact that free public education is not from considering an appeal from a State court where a taxpayer's Interest is not sub­ College (1955). available to all qualifl:ed college students; Howe, Mark D., "Cases on Church and the desirability of maintaining the widest stantial (Doremus v. Board of Education, 342 U.S. 429 (1952)). State in the United States." Cambridge: possible choice of colleges in terms of the Harvard University Press ( 1952). student's educational needs in a situation no longer limited by the necessity of at­ 20 It should be pointed out that decisions Johnson, A. W. and Yost, F. H., "Separa­ tending schools located close to home; the of the Supreme Court discussing other prob­ tion of Church and State in the United extent to which particular skllls can be im­ lems in the field of education have em­ States." Minneapolis: University of Minne­ parted only· by a relatively few institutions; phasized that different considerations apply ,sota Press ( 1948) . the disastrous national consequences in to higher education as against elementary Kinney, Charles B., "Church and State, terms of improving educational standards a..nd secondary education. Contrast Hamil­ the Struggle for Separation in New Hamp­ which could result from exclusion of, or dis­ ton v .. Regents, 293 U.S. 245 (1934) (higher shire." New York~ Columbia University crimination against, certain private insti­ education) with Bolling v. Sharpe, 347 U.S. (1955). tutions on grounds o! religious connection; 297 (1954); Brown v. Board of Education, Mott, Rodney L., "The First Freedom." and the fact that, unlike schools, the col­ _347 U.S. 483 (1954); Board of Education v. . Hamilton.: Colgate University Press (1960). legiate enrollment does not have the power Barnette, 319 U.S. 624 (1943) (elementary Mugge. Giovanni, "Religious Liberty." of State compulsion supporting it. and secondary education). New York: Association Press (1957}. CVII--341 5390 CONGRESSIONAL RECORD - HOUSE March 30 O'Brien, F. William, S.J., "Justice Reed McCarthy, "The Application of the First there are about 6,752,000 elementary and and the First Amendment." Washington: Amendment to the States by the Fourteenth secondary school pupils in nonpublic Georgetown University Press ( 1968) . Amendment to the Constitution" (22 Notre schools.1 Of these more than 80 percent are O'Neill, James M., "Religion and Educa­ Dame Lawyer 400 (1947)). , in Roman Catholic schools.2 Confronted by tion Under the Constitution" (1949). O'Brien and O'Brien, "Separation of rising costs in the economy generally and Parsons, Wilfred, S.J ., "The First Free­ Church and State in Restatement of Inter­ in education specifically, Catholic parents dom." Declan X. McMullen Co. (1948). Church-and-State Common Law" (7 Jurist contend that in effect they are subject to Pfeffer, Leo, "Church, State, and Free­ 259 (1947)). double taxation. Although some Catholic dom." Boston: Beacon Press (1953). Pfeffer, "Religion, Education and the Con­ spokesmen disclaim any attempts to obtain Pfeffer, Leo, "The Liberties of an Ameri­ stitution" (8 Lawyers Guild Rev. 387 general public support of religious schools can." Boston: Beacon Press (1956). (1948)). because they believe it may endanger re­ Powell, Theodore, "The School Bus Law." Stout, "The Establishment of Religion ligious liberty and hence would be satisfied Middletown: Wesleyan Univ. Press (1960). Under the Constitution" (37 Ky. L. Rev. 220 with long-term, low-interest loans,3 there are Rogge, 0. John, "The First and the Fifth." (1949)). others who would like to see far more per­ New York: Thomas Nelson & Sons (1960). Volmeier, "Legal Issues in Pupil Trans­ vasive Federal aid to sectarian schools and Schwartz, Bernard, "The Supreme Court." portation" (20 Law and Contemporary the child-benefit theory extended to include New York: The Ronald Press, pp. 257-63 Problems 45 ( 1955) ) . aid either to the sectarian institution itself (1957). 1. Student comments and notes: or to the parent. Zabel, Orville H., "God and Caesar in Ne­ Note (27 Boston U. L. Rev. 281 (1957)). For example, Professor Weclew is of the braska: A Study of the Legal Relationship Note (49 Colum. L. Rev. 836 (194;9)). opinion that as from the standpoint of pub­ of Church and State." University of Ne­ Note (33 Cornell L. Q. 122 (1947)). lic welfare no distinction can be drawn in braska Studies Series 14 ( 1955). Note (51 Dickenson L. Rev. 276 (1947)). Federai aid to education between the uni­ II. Legal periodicals Note (15 Geo. Wash. L. Rev. 361 (1947)). veri;ity and. elementary school levels.~ He Note (60 Harv. L. Rev. 793 (1947)). said: 5 "Religion and the State," a symposium: Note (32 Iowa L. Rev. 769 (1947)). 14 "Law and Contemporary Problems" 1-169 "Health, emotional stability, and literacy Notes (36 Ky. L. J. 324, 328 (1948)). come more and more to be recognized as (1949). . Note (8 La. L. Re:v. 136 (1947)). . "The Right to Educate," a symposium (4 community assets in which government has Comment (45 Mich. L. Rev. 1001 (1947) ). a vital concern. These assets should be de­ Catholic Lawyer 196-243 ( 1958) ) . Note (31 Minn. L. Rev. 739 (1947)). Beth, "The Wall of Separation and the veloped and not simply ignored as far as Note (12 Mo. L. Rev. 465 (1947)). private schools are concerned because parents Supreme Court" (38 Minn. L. Rev. 215 Note (27 Nebr. L. Rev. 468 (1958)). (1954)). exercise their constitutional right to send Note (22 N.Y.U. L. Rev. 331 (1947)). their children to religious schools. Programs Blum, "Religious Liberty and Bus Trans­ Note (25 N.C. L. Rev. 330 (1947)). portation" (30 Notre Dame Lawyer 384 promoting these matters of vital concern Comment (27 Oreg. L. Rev. 150 (1948)). when set up in religious schools leave the (1955)). Note (21 St. John's L. Rev. 176 (1947)). Boyer "Public Transportation of Parochial State and children as beneficiaries, and the Comment (21 So. Calif. L. Rev. 61 (1947)). religious schools only benefit incidentally." School Pupils" (1952 Wis. L. Rev. 64). Note (96 U. Pa. L. Rev. 230 (1947)). Cagle, "Public Aid for Sectarian Schools" After enumerating various programs under Note (33 Va. L. Rev. 349 (1947)). different acts of Congress which have pro­ (2 Baylor L. Rev. 159 (1950)). (b) Comments on the Zorach and Mc­ Cosway and Toepper, "Religion and the Collum cases. vided assistance both to sectarian institu­ Schools" ( 17 U. Clnn. L. Rev. 117 ( 1948)) . Drinan, "The Novel 'Liberty• created by the tions and to the individuals utilizing sec­ tarian institutions, Weclew concludes: 6 Costanzo, "Federal Aid to Education and McCollum Decision" (39 Geo. L. J. 216 Religious Liberty" (36 U. Det. L. J. 1 (1961)). "We can only conclude that the wall of (1958)). Manion, "The Church, the State and Mrs. separation is permeable, lacks definite Cushman, Robert F., "Public Support of McCo:lum" (23 Notre Dame Lawyer 456 boundaries, and is of uncertain height. Religious Education in American Consti­ (1948)). Time, place, circumstances, and subject mat­ tutional Law" (45 Northwest. Univ. L. Rev. Owen, "The McCollwn Case" (22 Temp. ter determine what degree of separation 333 (1950)). there shall be. There are areas where none Fellman, "Separation of Church and State L .Q. 159 (1948)). Reed, "Church-State and the Zorach Case" will deny that the maximum degree of sepa­ in the United States: A Summary View" ration is best for all. There are areas where (1950 Wis. L. Rev. 427). (27 Notre Dame Lawyer, 529 (1962)). 1. Student comments and notes: separation is unnecessary, undesirable, or im­ Hayes, "Law and the Parochial School: A possible." Formulation of Conflicting Interests" (3 · Note (52 Colum. L. Rev., 1033 (1952)). Note (17 Geo. Wash. L. Rev., 516 (1949)). The opinion frequently expressed by the Catholic Law 99 ( 1957) ) . supporters of all-out aid to parochial schools Henle, "American Principles and Religious Note (16 Geo. Wash. L. Rev., 556 (1948)). Note (28 Geo. Wash. L. Rev., 579 (1960)). is that the existing restrictive system actual­ Schools" (3 St. Louis U. L. J. 237 (1955)). ly operates to abridge the first amendment's Katz, "Freedom of Religion and State Comment (43 Ill. L. Rev., 374 (1948)). Note (37 Ky. L. J., 402 (1949)). guarantee of freedom of religion. They say Neutrality" (20 U. Chic. L. Rev. 426 (1953)). that where the Catholic parent has no real Kauper, "Church, State, and Freedom: A Comment (32 Marq. L. Rev., 138 (1948)). Comment (50 Mich. L. Rev., 1359 (1952)). choice under existing laws but to violate Review" (52 Mich. L. Rev. 829 (1954)). his conscience because compelled by eco­ Moehlman, "The Wall of Separation: The Note (3 Rutgers U. L. Rev., 115 (1949)). Comment (22 So. Calif. L. Rev., 423 (1949)). nomic pressures to send his children to a Law and the Facts" (38 A.B.A.J. 281 (1952)). public school, then the law has fallen short Pfeffer, "Church and State: Something Comment (9 Wash. & Lee L. Rev., 213 (1952)). of protecting religious liberty for all-poor Less Than Separation" (19 U. Chic. L. Rev. and rich alike. 1 (1951)). Note (61 Yale L. J., 405 (1952)). Note (57 Yale L. J., 1114 (1948)). Pfeffer, "No Law Respecting an Establish­ ment of Religion"-O'Neill, "Nonpreferential 1 U.S. Department of Health, Education, APPENDIX B Aid to Religion Is not an Establishment of and Welfare, Office of Education: "Projected Religion": a debate (2 Buffalo L. Rev. 225, DESCRIPTION OF SOME REPRESENTATIVE COM­ Enrollments in Full-Time Public and Non­ 242 (1953)). MENTS ON THE EVERSON, M'COLLUM, AND public Elementary and Secondary Day Pfeffer, "Released Time and Religious Lib­ ZORACH CASES Schools." The figure for nonpublic schools erty: A Reply" (53 Mich. L. Rev. 91 (1954)). The views of the scolars who have com­ is 15.2 percent of the estimated total of schoolchildren, kindergarten through grade Schmidt, "Religious Liberty and the Su­ mented on the Everson, Mccollum, and Zo­ rach cases fall roughly into three categories: 12, there being approximately 37,551,000 preme Court of the United States" (17 Ford­ children in public schools. The total esti­ ham L. Rev. 173 (1948)). ( 1) The view that an inflexible doctrine of separation has the effect of restraining re­ mated enrollment, public and nonpublic, is Serko, "Religion and the New York Public 44,303,000. Schools" (12 Intramural L. Rev. (N.Y.U.) ligious freedom in violation of the first amendment and that the holding in Everson 2 Based on data from "Summary of Cath­ 235 ( 1956) ) . olic Education 1959," National Catholic Con- Sutherland, "Due Process and Disestab­ was correct as far as it went and logically ~hould be extended to permit governmental . ference, Department of Education, Wash­ lishment" (62 Harv. L. Rev. 1306 (1949)). ington, D.C., which states that the October Taylor, "Equal Protection of Religion: To­ aid to children attending sectarian schools; (2) the view that the separation must be 1959 enrollment in Catholic elementary and day's Public School Problem" (38 A.B.A.J. absolute and that Everson was therefore in­ secondary schools was 5,087,197. When pro­ 277 (1952)). correctly decided; and (3) the view that jected this indicates 1960-61 enrollments in Waite, "Jefferson's 'Wall of Separation': there is room for cooperation between church the neighborhood of 6,240,000. What and Where?" (33 Minn. L. Rev. 494 and state so that governmental aid for edu­ 3 Rev. Neil 0. McCluskey, S.J., editor of (1949)). cation is not invalid because sectarian the Catholic monthly, "America" quoted in Weclew, "Church and State: How Much schools receive incidental benefits, provided the New York nmes, Mar. 12, 1961, p. E9. Separation?" (10 DePaul L. Rev. 1 (1960)). that the aid is aimed at achieving a broad 'Weclew, "Church and State: How Much Note, "Catholic Schools and Public Money" public purpose. Separation," 10 De Paul L. J. 1, 19-21 (1960). (50 Yale L. J. 917 (1941)). 1. The view that extensive Federal aid is 6 Id., 21. (a) Comments on the Everson case. constitutionally permissible: At present • Id., 26. 1961 CONGRESSIONAL RECORD -HOUSE 5391 This view, vigorously espoused by Profes­ cisely because of their religious profession Despite his strong views respecting various sor Iienle.7 is as follows: and affiliation may place Congress in the in­ aspects o;! parochial_ edtJcation, Pfeffer, as "We cannot, as Americans, simply say that congruous role of promulgating a law prej­ well as others in the "absolute separation" this religious scruple ls their own affair; udicial to the 'free exercise thereof' clause; school, is able to distinguish the assistance that they· may come to the public schools of establishing a preferential status !or a discussed above from the aid. rendered by a if they want aid, but, if they choose not to secularized education as more worthy of its State in providing free meqical a~d !iental do so, that's their own affair. This religious benefits then religious education, and find services or free .hot lunches to children in conscience is one of the factors in the case itself in the unenviable position of con­ parochial schools: and must be taken into account by the structively setting a religious test as a norm 'These are not educational services but Government. Religious liberty and the pro­ for inclusion amongst the beneficiaries in true welfare benefits. A child needs medical hibition of religious qualifications are mean­ the exercise of its general welfare powers, and dental .care and hot lunches, whether ingless unless they relate to the precise and, lastly, allow, if not actually intend, that he goes to a public school, to a parochial peculiarities of each type of conscience. exercise of religious liberty in education be­ school, or to no school at all. But he does Hence, our courts have shown a punctilious comes a liability before the law in the dis­ not need transportation to a school unless and precise concern to protect the con­ bursement of the benefits of the law. This he receives instruction at t]lat school; and sciences even of minorities commonly would convert the 'no establishment' clause only in that case is his .safety and health regarded as extremists" (p. 245). into an affirmative official action in favor protected if the school building is fireproof "It might be said that the economic pres­ of nonreligious education." and the rooms warm and ventilated." 12 sure is no concern of the State. Yet, it is 2. The view that absolute separation is Professor Konvitz of Cornell University our concern as Americans not to render lip constitutionally required: A leading expo­ may be considered as another advocate of service to an abstract religious liberty, but nent of the absolute separation doctrine is absolute separation. He has trled to answer to work it out and safeguard it 'n the con­ Leo Pfeffer whose book, "Church, State and the arguments of Father Wilfred Parsons 18 crete. As a matter of fact, in the area of Freedom" (1953), is widely known and cited. that parochial schools, insofar as they satis­ labor law, the courts have recognized 'eco­ Pfeffer draws heavily on the dissents of Jus­ fy Government standards for the teaching nomic pressure' as destroying any real tices J ackson and Rutledge in the Everson of secular subjects, should receive financial choice when it is actually present. If, in case in challenging the conclusion reached support to pay the costs of those teaching the factual situation, there is no real choice, by the majority of the Court that by fur­ these subjects. The thrust of Konvitz's under the law, except to violate one's con­ nishing bus transportation to pupils attend­ argument is that under official Catholic doc­ science, then the law ls not safeguarding ing sectarian schools, the State is doing no trine all the teaching and the whole organi­ religious liberty. And this is the worst form more than it does when it provides police zation of the school, includlng teachers and of religious discrimination, because it al­ protection for children crossing the street books. are under the supervision of the lows true religious liberty only to those who or when it supplies fl.re protection: church; that religion is the foundation of can afford it. American ideals demand an "It is submitted that both these assump­ the student's training not only in the ele­ arrangement which will allow religious lib­ tions rest on fictions. As both dissenting mentary school but in the intermedlate and opinions, by Justices Jackson and Rutledge, higher institutions of learning as well .-H It erty for each man's conscience, fo-t Catholic, point out, the New Jersey statute and the Protestant, Jew, and unbeliever, for rich and is from education in the parochial school Ewing resolution do not provide transporta­ that there springs Catholic growth, cohesion, poor alike" (p. 248). tion for children on the streets; they pro­ Under Henle's theory, State aid should be dlscipline and loyalty. Konvitz says: made available to parents whose children go vide transportation only for children going to school, either to a public school or to a "When this official philosophy of Catholic to sectarian schools in the same way as it Catholic parochial school. A child going education is considered, it becomes clear why is to those parents whose children go to to visit a neighbor or to a motion picture any form of public aid to parochial schools public schools. theater is just as much subject to the is a violation of the Constitution, a. break­ He says: hazards of the road as a child going to down of the .separation of church and "We are thus faced with this practical sit­ school. Yet New Jersey did not make any state .." u. uation: American ideals and principles de­ provision for the transportation of children Konvitz concedes, as Father Parsons sug­ mand that the educational aid, intended to going to any destination other than school­ gests, that Americans may not be logical be made available to all through the public -public or parochial. If New Jersey had so when they refuse public aid to parochial school, should actually be made available to provided, none would dispute that the pur­ schools yet recognize them as fulfilling the all American children whether they attend a pose of the legislation was to provide wel­ requirements of compulsory education. But public school or, for reasons of conscience, a fare benefits-indisputably within the State's Konvitz asserts "the departure from a nar­ religious school. The Lutheran parent or police power. Since it was restricted to row logic has been in the interests of a broad child, the Catholic parent or child, the Sev­ school transportation, it would seem clear liberty. • • • Just as 'complete separation enth Day Adventist parent or child, and so that the purpose of the legislation was to between the state and religion is best for the forth, who need and want this aid, are en­ provide an educational service. state and best for religion', so, too, the lib­ titled to an equivalent share of public aid "It would therefore seem fallacious to erty of religious groups to maintain their from the funds to which they also contribute equate--as Justice Black did-bus trans­ own schools is 'best for the state and best under the law" (p. 248). portation and police or fire protection. The ior religion.' " .l.o Under Hen1e's views, a precedent is the purpose of supplying traffic police is to pro­ In accord with some of the views advocat­ program of veteran's educational benefits, tect children from accidents; all children ing "absolute separation" are various arti­ except that he would permit the choice of are protected, Catholics and Protestants, cles prepared by the editorial staffs of the school to be made by the parent rather than believers and nonbelievers. The purpose of law reviews. One in the University of Penn­ by the student: • 1 supplying fire protection is to preserve so­ sylvania Law Review says: 1 "In a simi1ar manner we cot...ld work out a ciety's economic assets, whether in the form "The strictest limitation upon govern­ plan envisioning the child or parent as the of church buildings or burlesque theaters. mental aid to religious institutions is re­ beneficiary of all funds collected for educa­ But the purpose of supplying bus trans­ quired by the language, the historical con­ tional purposes; if the parent selected the portation is to get children to school, not tent and the present validity of American public school the funds can be made avail­ (at least, primarily) to protect them from constitutional provisions. The principle is able through the public school; if, for con­ traffic hazards." 9 clear and undisputed that formal interrela­ science reasons, the parent selected a reli­ tion of church and state institutions is pro­ gious school, the fees (to a fair amount) So too, Pfeffer finds strong -support in Justice Jackson's dissent in Everson in his hibited by the letter and spirit of these pro­ could be p aid in the name of the child or visions. Once established, the principle parent and in view of the educat ion, not of (Pfeffer's) opposition to the argument that Catholic parochial schools provide the secu­ should be preserved intact against indirect the religious functions of the institution" as well as direct abridgement. To support (p. 251). lar education which the State is empowered 10 the doctrine of separation is not to advocate Cast in somewhat different language, the to provide. In the same vein, Pfeffer says: "These authoritative church writings leave irreligion but to maintain institutionally a argument for "proportionate aid" to sec­ separation of functions the fusion of which tarian schools is that the general welfare little doubt that the education received in clause of the Constitution (art. 1, sec. 8), Catholic parochial schools is not the secular which is the basis for Federal aid to ·educa­ education which a State may constitution­ 12Id., 477. tion, should not be construed as requiring .ally provide or pay !or." lll Parsons, "The Flrst Freedom: Consldera­ religious considerations as a standard for In Pfeffer's view, if reimbursement !or bus ti-0ns on Church and State in the United · inclusion or exclusion of beneficiaries. In transportation may be justified under the States" ( 1948). this connection, Professor Costanzo says: 8 State's police power to provide for the wel- 14 Konvttz, "Separation of Church and "Federal aid to education which excludes . fare of children, so may other expenditures State: The First Freedom," 14 Law and Con­ religious schools from its beneficiaries pre- of a similar character: fl.reproofing sectarian temp. Prob. 44, 58-59 (1949). schools; repair of . unsafe walls a.nd cellings, 15 Id., 59. their replacement, and the Uke.11 1 Henle, "American Principles and Religious 18 Id., 59. This is similar to Justice Jack­ Schools," 3 St. Louis U.L.J. 287 (1955). son's view in Everson. See 330 U.S. 27. 8 Costanzo, "Federal Aid to Education and o Id., 474-475. u Note, "Public Aid to Establishments of Religious Liberty,"· 36 U. Det. L.J. 1, 42 10 Id., 475. Religion", '96 U. Pa. L. Rev. 230, .240-241 (1958). 11 Id., 476. (1947). . 5392 CONGRESSIONAL RECORD - HOUSE March 30· has invariably destroyed the usefulness of may reflect skepticism as to the quality of children of the State, without earmarking both institutions according to democratic education in religious schools and as to the it as assistance to children enrolled in standards. feasibility of enforcing standards. It may schools, both public and religious: "The Everson case indicates that a court reflect distrust of the position of the Roman "When, however, the State undertakes to appraising auxiliary services like transporta­ church as to religious liberty. It may re­ aid just pupils and schools it is no longer tion to sectarian schools in terms of a pres­ flect a conviction that the problem is too aiding all children and all buildings. It is ent danger of substantial inter-control of explosive to be left to ordinary political aiding only those identified with the func­ church and state may circumvent the re­ processes and that the usual principle of tion of institutionalized education, since striction. Logically, however, if such serv­ State neutrality must, at this point, yield pupils and schools are groups set up for ices are public functions justifying state to a principle of absolute and hostile the sole purpose of identifying certain chil­ support, then the public welfare feature of separation." dren and institutions with the function of sectarian education itself provides an even Prof. Robert F. Cushman believes that education. Aid to these groups, then, be­ stronger claim to state support; but there is since the Everson decision the problem of comes aid directly to the function for which no judicial dissent from the view that such aid to sectarian schools is cast in a different they are set up. Where schoolbuses are direct support is proscribed by both Federal light: 21 extended to schools, or pupils, they are and State constitutions. "It becomes clear that the crucial issue is in aid to the function of education. Where "The use of governmental authority, finan­ not aid to the child against aid to the school; this includes parochial schools and pupils cial or persuasive, to aid or hinder religious it is not even the question of whether reli­ this becomes aid to the function of religious institutions directly or indirectly should be gion is being aided; the real question is, as education" (p. 349). prohibited under the establishment clause of it has always been, How do you distinguish "As the majority in the Everson case the first amendment." aid to the public in general from aid to pointed out, a State cannot aid religion, but Another article emphasizes that it is not religion in particular? Religion does and it cannot be denied tht: right to aid all its easy to seal the wall between church and should, as part of the public, share in the children even though some of them attend state once it has been pierced in the name of benefits extended to the public in general. religious schools. A State statute so drawn the public welfare: 18 To hold otherwise is to adopt a position as to provide aid to all children as a group, Teaching of nonreligious courses in re­ which would permit the State to make of regardless of what that aid might be, would ligious schools, and the standard of such religion an outlaw having no rights which be exceedingly difficult to attack on consti­ instruction, is certainly for the public inter­ the law is bound to protect. The question tutional grounds as an aid to religion. est--cannot the State then pay to that ex­ then is, Under what circumstances and in Thus, a State which provided medical serv­ tent the salaries of religious teachers? • • • what way do religious institutions become ice and books to all the children in the Physical fitness of American youth is a mat­ part of the public in general? State would be virtually assured of the ter of public concern--can the State not, "The difference between providing police validity of its action. Where, however, a under the Everson case, build gymnasiums protection and providing teachers does not State limits its aid to children enrolled in and furnish nurses to parochial schools? lie in the identity of the beneficiary but in schools, and this includes both public and • • • The majority opinion in the Everson the way in which the aid is extended. Aid religious schools, it lays itself open to the case suggests no line which would be drawn. is not normally extended to individuals or charge that it is aiding two kinds of educa­ It serves but one purpose-to enunciate a institutions by name, but rather to groups or tion, secular and religious, and religious doctrine which amounts to a tool for the classes of individuals or institutions. Any education is something which the States are circumvention of the absolute prohibition individual or institution falling under the forbidden to aid" (p. 349). against establishment of religion in the first restrictions of the law, or falling heir to its Still another approach has been advanced amendment." benefits, does so only as a member of such a by Judge Fahy. After citing various prec­ 3. The "intermediate" position: In con­ ~oup. An individual may be a pupil, a edents, both judicial and legislative, he trast to the two positions discussed above, pedestrian, a property owner, and a parent. said: 22 there is considerable sentiment among legal A church is at once a corporation, a piece of "Consistent with these views on the place scholars for a more moderate position which property, a building, a meeting place, a re­ of religion in our national life is the estab­ it is claimed would strike a fair balance ligious institution, and a nonprofit institu­ lished rule that public funds may be used between competing interests. tion. Furthermore, a church may receive to pay for services rendered, notwithstand­ Professor Katz of the University of Chicago police protection when classed as property, ing the fact that the payment is to a reli­ Law School originally suggested that, in tax exemption when classed as a nonprofit gious organization. It is immaterial that order to protect the freedom of parents in institution, sewage connections when classed tax-raised funds are paid to these individ­ their choice of schools, a tax deduction of as a building, and yet be denied financial aid uals or organizations by way of reimburse­ some kind for tuition paid to such schools when classed as a religious institution, since ment for money spent by them in further­ would be permissible but that affirmative aid such a class may not validly be given public ance of a public program. Illustrations of to religion should be avoided.19 He would aid. Since the aid goes to groups rather existing or possible arrangements of this now go further in the use of tax funds for than the individual components of any one type include payments by local governments religious schools upon the theory that the group, the eligibility of an institution to re­ to denominational hospitals, conducted by use thereof is not really aid to religion but ceive public aid would seem to depend on religious orders or otherwise, for medical rather chiefly aid to education, so long as the which group it is classed in, rather than on services rendered to those entitled to receive State's standards for education are satisfied its individual characteristics" (p. 348). such service at public expense; and expendi­ by the religious schools. He says: "The Constitution, according to the Court, tures by the Federal Government toward the "If one assumes that the religious schools does not forbid all aid to religious institu­ construction of or additions to denomina- meet the State's standards for education tions. They may receive fire and police pro­ • tional hospitals, under the Hospital Con­ in secular subjects, it is not aid to religion tection. What the Constitution forbids is struction Act. to apply tax funds toward the cost of such aid to the religious function, and the Court "The same concept has been applied in the education in public and private schools in the Everson case divided over the question field of education. Federal Government without discrimination. Like the dissenters whether this function was in fact being payments to a denomination college for in the busfare case, I am not now able to aided. This being the case, if a State wished teaching or training draftees or veterans, distinguish between the minor payments sincerely to protect the safety of its children, even including training for the clergy, is there involved and payments for educational it could set up children's buses on which authorized by the GI bill of rights." costs. I believe, therefore, that none of any child could ride, whether going to a A Student Note in the Yale Law Journal such nondiscriminatory uses of tax funds parochial school or to the movies. To insure suggests other standards for achieving a fair are forbidden by the first amendment." the health of its children it could provide and valid result in borderline cases. It was He admits, however, that his position free lunches, dental, and medical care for said: 23 would be a most unpopular one generally all children. To improve their minds and "One method of qualifying the Everson and be subject to attack upon various morals it could provide free books, museums, absolute throughout would be to balance the grounds: 20 and libraries. These aids would be available public benefit in each instance against the "The widespread rejection of the position to all children regardless of the school they aid to religion. Inculcation of moral prin­ just defended may be explained in a num­ attended, or whether or not they attended ciples, for instance, may well be found to ber of ways. It may reflect a general bias school. The aid would truly be to children outweigh the sectarian nature of New York in favor of Government operation for any (a group which the State may validly aid) 'released time' or religious exercises, even activity which is to be supported with tax irrespective of the religious activity of the though insufficient to qualify as a full­ funds. It may reflect a specific bias in favor individual concerned" (pp. 348-349). fledged 'public purpose' of the Everson of public education with only grudging con­ Under Professor Cushman's view, consti­ variety." cession of freedom for private schools. It tutional questions would be avoided through legislation which would provide aid for all 22 Fahy, Religion, Education and the Su­ 18 Comment, 21 So. Cal. L. Rev. 61, 75 preme Court, 14 Law and Contemp. Prob. (1947). 21 Robert F. Cushman, "Public Support of 72, 82 (1949). 19 Katz, Freedom of Religion and State Neu­ Religious Education in American Constitu­ 23 Note, "Tracing the 'Wall': Religion in the trality, 20 U. Chi. L. Rev. 426, 440 (1953). tional Law," 45 Nw. U.L. Rev. 333, 347, 348 Public School System," 57 Yale L.J. 1114, 20 Id., 440. (1950). 1121 (1948). 1961 CONGRESSIONAL RECORD - HOUSE 5393 Based upon the dissent of Justice Reed in DEPARTMENT OF HEALTH, EDUCATION, AND required to be allotted by the Commissioner Mccollum v. Board of Education, supra, at WELFARE of Education for loans to private, nonprofit, 248- 249, that the Everson decision did not Office of Education elementary and secondary schools. Affilia­ intend to preclude religious bodies from re­ tion or nonafflliation with a religious organi­ ceiving incidental advantages which other A. National Defense Education Act pro• grams. zation is immaterial. The loans are au­ groups similarly situated obtain as a by­ thorized to enable the 'borrowing school to p:·oduct of organized society, the Yale Law 1. National defense student loan program acquire equipment of the types referred to 2 (NDEA (Public Law 85-864) , sec. 201 et Review Note continues: ' above (and do minor remodeling) and must "Even more far-reaching is the method seq.; 20 U.S.C. 421 et seq.) : Funds are made bear interest at one-fourth of 1 percent above suggested in Mr. Justice Reed's dissent, available by the Commissioner of Education the current average yield on all outstanding which would remove the need for any propi­ under title II of the National Defense Edu­ marketable obligations of the United States, t iating Justification where the 'aid' was cation Act to enable public and private, non­ adjusted to the nearest one-eighth of 1 per­ merely a 'byproduct of organized society• profit institutions of higher education to cent. Such loans must mature within 10 and not 'purposeful assistance directly to m ake low-interest loans to needy students. years. the church itself or to some religious group The Federal Government advances up to 4. Testing students in secondary schools performing ecclesiastical functions.' Such a 90 percent of the capital needed for a loan (NDEA (Public Law 85-864), sec. 504(b); modification would transcend piecemeal ex­ fund at an institution.3 In any fl.seal year, 20 U.S.C. 484(b)): Under title V of the ceptions by shifting the entire wall to a posi­ the Federal capital contribution at any National Defense Education Act, grants to tion where practices involving no direct ex­ institution may not exceed $250,000. The State educational agencies may be used, pense to the State, such as 'released time' loan to an individual student may not ex­ among other things, for testing students in and the use of public buildings for sectarian ceed $1,000 for a fiscal year and no student secondary schools, public or private. The. meetings, could easily be sustained. And m ay borrow more than $5,000 for all years. Federal participation through the State direct expenditures, which theoretically are Special consideration must be given in pro­ grant is one-half the cost of such testing. barred by the precept that no tax whatever viding loans to students with superior aca­ The section cited above provides that in any can be constitutionally 'levied to support re­ demic backgrounds who express a desire to State with an approved State plan which ligious activities,' could be validated by a teach in elemen~ry or secondary schools is not authorized by law to pay for the parallel definition of the word 'support.' (not necessarily those which are public) and cost of testing students in one or more sec­ While this approach was not specifically students with strong academic backgrounds ondary schools, the Commissioner of Educa- · negated by the majority or concurring opin­ in science, mathematics, engineering, or a tion shall arrange for the testing of such ions, the 8-1 decision over Mr. Justice Reed's modern foreign language, but other students students and pay one-half the cost thereof dissent indicates that the Court would be re­ may also receive loans. Each note must (for the first fiscal year of the program the luctant to relax its Everson prohibition to provide that up to 10 percent of the loan payment for testing was the full cost). In such an extent. The essence of this concept, (plus interest) will be canceled for each year carrying out this provision during the 1960- however, might well be accepted in diluted of service as a full-time teacher in a public 61 school year, the Commissioner arranged form by construing State 'neutrality' to­ elementary or secondary school, but not for testing students in private secondary wards religion, which technically seems to more than 60 percent of a loan can be can­ schools of 40 States. (For purposes of the save only those benefits in which all share, celed in this manner. act the Virgin Islands, Puerto Rico, the Dis­ broadly enough to uphold desirable types of 2. National defense fellowships (NDEA trict of Columbia, and Guam are treated a.c, insignificant aid which could not be logically (Public Law 85-864), sec. 404; 20 U.S.C. States). sustained on less drastic grounds." 464): Graduate programs in institutions of The provision for the Commissioner to higher education are given quotas by the arrange testing was inserted in the law be­ FEDERAL PRORGAMS UNDER WHICH INSTITU­ Commissioner of Education for the award of cause of the knowledge that 1n some States TIONS WITH RELIGIOUS AFFILIATION RECEIVE graduate fellowships. The Commissioner the State educational agency would not have FEDERAL FUNDS THROUGH GRANTS OR LOANS awards 1,500 fellowships per year for periods authority to make payments toward the Attached is a description of Federal pro.. of study in such programs, not in excess of testing of students in nonpublic schools, grams under which educational institutions 3 academic years. The individual re­ particularly those with religious affiliation. with religious affiliation receive Federal ceiving the fellowship receives $2,000 to 6. Institutes for training secondary school funds through grants or loans. The follow­ $2,400 per year, depending on the year of counselors and institutes for training mod­ ing should be kept in mind in using this study, plus an allowance for dependents. In ern foreign language teachers (NDEA (Public material: addition, the institution which the individ­ Law 85-864), secs. 511, 611; 20 U.S.C. 491, 1. Payments to institutions for which the ual attends receives the portion of the cost 521): The Commissioner of Education is United States receives a quid pro quo in a attributable to such individual's study not authorized to contract with institutions of proprietary sense are outside the scope of to exceed $2,500 per fellowship holder per higher education for summer and regular the attached listing. However, Federal pro­ academic year. academic year training programs to improve grams are so diverse that a clear line in this 3. Loans to nonprofit private schools the qualifications of counselors in secondary respect is not always possible, and many pro­ (NDEA (Public Law 85-864), sec. 305; 20 schools and modern foreign language teach­ grams, not listed here because the Federal U.S.C. 445): Title III of NDEA is designed ers. The teachers from public, sectarian or Government receives such a quid pro quo, to strengthen science, mathematics, and any other types of private schools receive are frequently of benefit to institutions.1 modern foreign language instruction in ele­ the opportunity for training without tuition 2. Programs to pay institutions for train­ mentary and secondary schools. The title costs. However, the act authorizes the Com­ ing Government civilian or mmtary person­ contains provisions for grants to strengthen missioner to pay a stipend for subsistence nel are not included here. See, for example, State supervisory services for public ele­ only to those who are to teach in public 6 U.S.C. 2301 for a Government-wide em­ mentary and secondary schools and for schools. ployees' training program. grants to enable public elementary and sec­ Although the instruction is conducted 3. Except as noted under item 3 of the ondary schools to acquire science, mathe­ under a contractual arrangement pursuant description of programs of the State Depart­ matics, and modern foreign language equip­ to statute, it is included in this listing be­ ment, and in the case of payments for the ment (and to remodel space used for such cause the effect is very similar to that of a education of Indian children, institutions equipment). grant. The contract finances educational with religious affiliation participate in all of Twelve percent of each appropriation for services by which the participating institu­ the programs listed.2 the acquisition of science, mathematics, or tions serve a segment of people whom it foreign language equipment ( or minor re­ would be their normal function to train. modeling of space for such equipment) is 2' Id., 1121. 6. Language and area centers (NDEA (Pub­ 1 42 U.S.C. 1891-1893 provides that author­ lic Law 85-864), sec. 601 (a); 20 U.S.C. 511 ity to contract for basic scientific research at any sectarian school.'' Subsistence and (a)): The Commissioner of Education is nonprofit insitutions of higher education clothing are provided for some children in authorized to arrange through contracts shall be deemed authority to make grants such schools. with institutions of higher education for the for that purpose. Furthermore, authority 25 U.S.C. 280 authorized the Secretary of establishment and operation by them of cen­ to make grants or contracts for basic or ap­ the Interior to issue a patent to religious ters for the teaching of certain modern for­ plied research at such institutions provides organizations for lands used by them prior eign languages and studies related to the authority to vest in the institution title to to Sept. 21, 1922, for mission or school cultures in which such languages are used. equipment purchased with grant or contract purposes. The languages ·are confined to those for funds, without further obligation to the a The Commissioner may make loans to which trained individuals are needed in Government. institutions to help them finance their business, government, or education. While 2 No statute has been found where au­ required 10 percent advance to the loan the statute authorizes only contracts for thority to deal with nonpublic institutions fund, where such funds cannot be secured payment of one-half the cost, the program excludes dealing with those with religious from non-Federal sources upon terms and has all the earmarks of a grant situation. affiliation, except 25 U.S.C. 278, 279. That conditions deemed reasonable by the Com­ 7. Language fellowships (NDEA (Public law declares "the settled policy of the Gov­ missioner. The term is up to 15 years with Law 85-864), sec. 601(b); 20 u.s.c. 61l(b)): ernment to make no appropriation what­ interest at such rate as the Commissioner The Commissioner of Education is author­ ever out of the Treasury of the United determines will cover all costs to the Govern­ ized to pay stipends to individuals under­ States for education of Indian children in ment, including probable losses. going advanced training in any modern 5394 CONGRESSIONAL RECORD - HOUSE March 30 foreign language with respect -to -which he C. Construction or health -research facili­ the field of vocational . rehabilitation and determines there ls a special need in business, ties (PHS Act, title VII; 42 U.S.C. 292 et training of individuals-in professional fields government, or education. No payment is seq.): Grants are authorized to meet up to which provide services to physically handi­ made to the institutions of higher educa­ 50 percent of the cost of construction, re­ capped individuals. Many of the grants for tion, although the stipend ls so computed as modeling or equipping of facilities for the research and demonstration are made to in­ to include an amount which will enable the conduct of research in the sciences related stitutions of higher education, and most of individual to meet his tuition and subsist­ to health. the grants for training are made to such ence needs. D. Categorical training grants and institutions. The training grants include 8. Foreign language research (NDEA (Pub­ traineeships (PHS Act, secs. 403, 412, 422, an amount to enable the institutions to pay lic Law 85-864), sec. 602; 20 U.S.C. 512) : The 433(a) and 303; 42 U.3.C. 283, 287a, 288a, stipends to persons in training. Commissioner of Education is authorized to 2-89c, and 242a): Grants may be made to B. Vocational rehabilitation fellowships contract for studies and surveys relating to training institutions to meet the costs of (Vocational Rehabilitation Act (Public Law the need for improved instruction in mod­ providing specialized, technical, or advanced 565, 83d Cong.), sec. 7(a) (3); 29 U.S.C. 37 ern foreign languages and research in effec­ training with respect to particular diseases (a) (3)): The Secretary of Health, Education, tive methods of improving such instruction. of public health significance (cancer, heart and Welfare is authorized to provide train­ While the statute provides for a contractual disease, mental health, etc.) or with respect ing in technical matters relating to voca­ arrangement, the program has many of the to -air or water pollution (42 U.S.C. 1857; tional rehabilitation services, including the attributes of a grant situation. 33 U.S.C. 466). · One example of such grants establishment and maintenance of research 9. Research and experimentation in more were those by the National Institute of fellowships with stipends and allowances. effective utllization of television, radio, mo­ Mental Health to schools of divinity of the Pursuant to this a limited number of re­ tion pictures, and related media (NDEA three major faiths to develop on a 5-year search fellowships are awarded for study (Public Law 85-864), sec. 702; 20 U.S.C. 542) : pilot basis improved instruction in mental and research at various institutions of In carrying out his authorization to make liealth. Authority is also provided for higher education. grants or contracts for research, experimenta• awarding traineeships to individuals, se­ Social Security Administration tion, and dissemination of information in lected either by the training school or by the Public Health Service, to provide them A. Cooperative research or demonstration the development of methods for utilizing new subsistence support and expenses during projects (sec. 1110 of the Social Security Act, media of communication for educational their period of categorical training ( 42 as added by sec. 331 of Public Law 880, 84th purposes, the Commissioner of Education has C.F.R., pts. 63 and 64). Cong.; 42 U.S.C. 1310) : The Secretary of frequently paid for research, experimenta­ E. Research fellowship grants and awards Health, Education, and Welfare is authorized tion, and dissemination activities of insti­ (PHS Act, secs. 30l(c), 433{a); 42 U.S.C. to make grants to or contracts with public tutions of higher education without regard 241 ( c) , 289c) :· Authority is provided to award and other nonprofit organizations for paying to religious affiliation. fellowships to individuals selected by the part of the cost of research or demonstration B. Grants for teaching in the education Service, or to make grants to institutions to projects relating to public welfare and social of mentally retarded children (Public Law permit them to award fellowships, for the security matters. While the enabling leg­ 85-926, sec. 1, as amended by Public Law 86- purpose of providing subsistence support and islation was effective for fiscal year 1957, 158, 73 Stat. 346; 20 U.S.C. 611) : The expenses to an individual in his conduct of appropriations were first available to carry Commissioner of Education makes grants to research or in his acquisition of research out this program during the 1961 fiscal year. public or other nonprofit institutions of training (42 C.F.R., pt. 61). Three hundred and fifty thousand dollars higher education to assist them in providing F. Traineeships for professional public has been made available for this purpose, training of teachers in fields related to the health personnel (PHS Act, sec. 306; 42 and it ls anticipated that one-third to one­ education of mentally retarded children. U.S.C. 242d): Authority is provided for half of that amount will be for financing These grants may be used both in connection awards either directly to individuals or by projects at institutions of higher education. with the costs of instruction and for estab­ means of grants to the training institution In the approval of such projects no distinc­ lishing and maintaining fellowships. This to cover the cost of the individual's tuition, tion is made because of religious affiliation is a new program under which grants have fees and subsistence during his graduate or of an institution. been made to only 19 institutions. One of specialized training in public heal th fbr B. Children's Bureau: Special projects re­ these is known to have religious affiliation. physicians, engineers, nurses and other pro­ lating to crippled children and maternal and C. Cooperative research on problems in fessional health personnel. child health services (secs. 502(b) and 512(b) education (Public Law 531, 83d Cong., sec. l; G. Advanced training of professional of the Social Security Act, as amended by 20 U.S.C. 331): The Commissioner of Educa­ nurses (PHS Act, sec. 307; 42 U.S.C. 242e): secs. 707(b) (1) {A) and 707(b) (2) (A) of tion is authorized to contract or make other Authority is provided for the award of train­ Public Law 86-778; 42 U.S.C. 702(b) and jointly financed cooperative arrangements eeships by grants to training institutions to 712(b)): The Secretary of Health, Educa­ with institutions of higher education for cover the cost of tuition, fees, stipends and tion, and Welfare is authorized to make studies and research on problems in educa­ allowances of professional nurses being grants to State health agencies and non­ tion. In practice all arrangements have been trained to teach or to serve in an adminis­ profit institutions of higher education for made through contract. The program is trative or supervisory capacity. special projects in the field of services for listed here, however, because it has many of H. Projects grants for graduate training crippled children and maternal and child the attributes of a grant situation. in public health (PHS Act, sec. 309; 42 U.S.C. health. Up to now such projects have been financed by State agencies as the result of Public Health Service 242g): Project grants are authorized to be awarded to schools of public health, nurs­ receiving grants from the Federal Govern­ A. Health research project grants (PHS ing or engineering to meet the costs of ment. In the future, however, grants will Act, sec. 30l{d); 42 U.S.C. 24l(d) Public Law graduate or specialized training in public be made directly from the Federal Gov­ 660-84th Cong.; 33 U.S.C. 466, et seq. Pub­ health for nurses or engineers and for the ernment, and no distinction ls planned with lic Law 159-84th Cong.; 42 U.S.C. 1857 purpose of strengthening or expanding grad­ respect to sectarian institutions. et seq.): Grants are authorized to defray uate public health training in such schools. Office of Field Administration the cost of research projects relating to the I. Indian health: Aid in construction of Surplus property utilization program (Fed­ causes, prevention, treatment or control of community hospitals (Public Law 85-151; the physical and mental diseases and im­ eral Property and Administrative Services 42 U.S.C. 2005): Grants are authorized to Act; of 1949 (Public Law 152, 81st Cong.), as pairments of man, and also relating to the aid in the construction of community hos­ amended, secs. 203(j) and 203(k); 40 U.S.C. cause, control and prevention of air and pitals ba-Sed on the proportion of construc­ 484 (j) and (k)): Under these provisions the water pollution.o1 tion costs attributable to the health needs Secretary of Health, Education, and Welfare B. Construction of hospitals and other of the "Indians in the community. is authorized to allocate surplus personal medical facllities (PHS Act, title VI; 42 J. Cancer control grants (Public Law 86- property for transfer by the Administrator U.S.C. 291 et seq.): Grants are authorized 703): Under authority of the current De­ of General Services to State agencies for dis­ to meet from one-third to two-thirds the p artment of Health, Education, and Wel­ tribution to educational, health and civil cost of construction of general hospitals and fare Appropriation Act (Public Law 86-703), defense organizations. Surplus real estate other medical facilities. Such other facili­ grants are made to hospitals, universities or assigned by the General ·Services Adminis­ ties include hospital-related housing for other such institutions, for the conduct of trator is transferred by the Secretary of nurses and nursing homes. cancer prevention, control, and eradication Health, Education, and Welfare for educa­ programs. tional and public health purposes at a pub­ Office of Vocational Rehabilitation lic benefit discount which can be as much as 4 A recent amendment (Public Law 86-798) 100 percent of the appraised fair value. The has also authorized. the use of up to 15 per­ A. Grants for research, demonstration, and institutions which receive real and personal cent of the amounts appropriated for health training projects related to vocational re­ property include public and private non­ research projects for grants to nonprofit habilitation (Vocational Rehab111tation Act profit elementary and secondary schools and universities or other institutions for the (Public Law 565, 83d Cong.), sec. 4(a); 29 institutions of higher education. general support of their health research and U.S.C. 34(a)) : The Secretary of Health; Ed­ research training programs. While no such ucation, and Welfare is authorized to ·make ATOMIC ENERGY COMMISSION _grants have yet been made, present plans ·grants to public and other nonprofit organ- Aid for nuclear equipment and loan of are to make awards without regard to the 1zations for paying a part of the cost of nuclear materials to colleges (Atomic Energy religious affiliation of the grantees. projects for research and demonstrations in Act of 1946 (Public Law 585, 79th Cong.), as 1961 CONGRESSIONAL RECORD - HOUSE 5395 amended, secs. 3(a), 5(c) (2); 41 U.S.C. 2061, NATIONAL SCIENCE FOl!NDAT_ION gram established by the State Department 2111): The Atomic Energy Commission oper­ (National Science Foundation Act of 1950 is that no funds may be channeled to a ates a variety of programs under which sup­ (Public Law 507, 81st Cong.), secs. 3(a) (2), school operated under religious auspices. port is given for activities in institutions of (3), (4) and (b), ll(c) and 14, as amended higher education. For purposes of this list­ DEPARTMENT OF DEFENSE by Public Law 85-510, sec. 2 and, Public Law The Department of Defense has a number ing these programs are grouped as follows: 86-232, sec. 1; 42 U.S.C. 1862(a), (2), (8), 1. Special fellowships for study at insti­ (4) and (b). 1870(c) and 1872a(b)) of training and research programs which tutions of higher education under which Pursuant to broad statutory authoriza­ finance activities at institutions of higher payments are made to individuals to cover tions to foster research and education in education. Research contracts fall under tuition and subsistence costs for students in scientific fields, the National Science Founda­ the procurement authority of each of the nuclear science and engineering and for tion provides the following support for ac­ three branches of the Armed Forces. Thus, graduate work in the atomic energy aspects tivities in institutions of higher education: research is supported because of benefits to of the life sciences. 1. Fellowships for various types of grad­ be received by the Defense Department and 2. Grants to institutions to enable them uate studies include allowance for tuition training is paid for because it improves the to acquire (a) nuclear laboratory equipment, and subsistence and permit study at any qualifications of military and civilian per­ (b) research reactors, and ( c) teaching aids accredited nonprofit institution of higher sonnel. Such arrangements have also been and laboratory equipment for radioisotope education in the United States or abroad. made on a grant basis to institutions pursu­ technology. 2. Summer academic year, and inservice ant to 42 U.S.C. 1891-93, which specifies that 3. Loans of materials for instruction in institutes are financed at institutions of the authority to contract for certain scien­ nuclear fields and for research reactors. higher education through stipend and tui­ tific research at nonprofit institutions of 4. Support of research in institutions of tion payments to improve the qualifications higher education shall be deemed to be au­ higher education through grants or contracts of high school and college teachers in sci­ thority to make grants. in various fields involving atomic energy. ence and mathematics. Stipends are paid SMALL BUSINESS ADMINISTRATION 6. Summer institutes in institutions of without regard to the fact that the teacher Business management research (Small higher education to train teachers in various is from a school with religious affiliation. Business Investment Act of 1958 (Public fields relating to atomic energy. Instruc­ (Cf. NDEA counseling and foreign language Law 85-699, sec. 602(c); 15 U.S.C. 636(d)): tional costs are defrayed by the Atomic institutes, supra, where, because of statute, The Small Business Administration is au­ Energy Commission; stipends to teachers, stipends are paid only to public school thorized to make grants to various organiza­ who may be from schools with religious af­ teachers.) tions including colleges, universities and filiation are paid by the National Science 3. Special projects in science education schools of business for research in the field of Foundation. (cf. NDEA counseling and for­ are financed to provide the experimental business management and finance. Grants eign language institutes (supra) where, be­ testing and development of promising new have been made in prior years including cause of statute, stipends are paid only to ideas for the improvement of science in­ those to institutions with religious affiliation. public school teachers.) struction. No funds are available to conduct this activ­ 4. Programs a,re financed to improve ity for the 1961 fiscal year. VETERANS' ADMINISTRATION course content and supplementary teaching A. Vocational rehabilitation (veterans' aids in science. DEPARTMENT OF AGRICULTURE benefits (Public Law 86-867), ch. 31, secs. 5. Grants are made for basic research in A. National school lunch program (Na­ 1503, 1504; 38 U.S.C. 1503, 1504) : Training the sciences, including funds for the use of tional School Lunch Act (Public Law 396, is purchased from educational institutions graduate students as research assistants. 79th Cong .• as amended; 42 U.S.C. 1751 of all types, including those with sectarian STATE DEPARTMENT et seq.): The purpose of this program is to affiliation, for the rehabilitation of war improve the health and well-being of the veterans with service-connected disabilities. The State Department supports educa­ Nation's children by providing funds and In addition, a subsistence allowance is paid tional activities to a considerable extent by foods to States and territories for use in the veteran. a variety of programs for international ex­ serving nutritious midday meals to children B. Educational benefits for World II and change, improvement of cultural relation­ attending schools of high school grade and Korean veterans (veterans' benefits (Public ships and rendering of technical assistance less. The Federal assistance is through pay­ Law 85-857), ch. 33, sec. 1601 et seq.; 38 to foreign countries. Basically, under the ments to the educational agency of each U.S.C. 1601 et seq.): Educational benefits for programs students from this country are per­ State which then channels the aid to par­ veterans of World War II were included in mitted to attend educational institutions ticipating schools. However, 42 U.S.C. 1759 Public Law 346, 78th Congress. Under the abroad and students from foreign countries provides that in any State where the State original arrangement, a tuition payment was are permitted to attend educational institu­ educational agency is not permitted by law made directly to the school which the veteran tions in this country. In either case pay­ to disburse the funds to nonprofit schools attended, and this could include a theologi­ ments are made to cover the cost of instruc­ they shall be disbursed directly to such cal school. In addition, a subsistence pay­ tion and subsistence. For the education of schools for program purposes. In more than ment was made to the veteran. The arrange­ foreign students in this country, the State half of the States the educational agency ment for payment of tuition directly to the Department makes contractual arrangements has considered that it could not make the school was changed by Public Law 550, 82d with the Institute of International Educa­ funds available to nonprofit private schools congress, which authorized a payment to the tion, a private nonprofit organization in New and as a result in those States the Secre­ veteran and left it to him to take care of York City, which in turn sponsors and makes tary of Agriculture makes funds available any tuition charges. The program for World specific arrangements for educating the for­ directly to such nonprofit schools, including War II veterans ended in July 1956, except eign students. Training for a profession in those with religious affiliation. for a small number of persons who were religion is not financed but schools with B. Special milk program (Agricultural Act entitled to training benefits beyond that religious affiliation are used. In perform­ of 1954 (Public Law 690, 83d Cong., sec. date. The present program authorized by ing this service IEE gives financial aid to the 204(b); 7 U.S.C. 1446(c)): Under this pro­ Public Law 85-857 provides for an education students to cover tuition and other related gram funds of the Commodity Credit Cor­ and training allowance directly to the student costs. poration are used to increase the consump­ veteran. Small allowances are paid to each The State Department has also made di­ tion of fluid milk by children in nonprofit educational institution to reimburse it for rect financial arrangements with universities schools of high school grade and under. in the cost of making required reports to the and charitable organizations in this country nonprofit nursery schools, child care centers, Veterans' Administration regarding the to provide student leader seminars, high etc., devoted to the care and training of veterans in attendance (38 U.S.C. 1645). school training for teenagers, and English children. C. War orphans educational assistance language classes for foreign students. In C. Forestry research (Public Law 466, 70th (veterans' benefits (Public Law 85-857), addition, the State Department has a variety Cong., sec. 1; 16 U.S.C. 581): The Secretary ch. 35, secs. 1701 et seq.: 38 U.S.C. 1701 et of exchange and other educational programs of Agriculture is authorized to conduct re­ seq.): This program provides educational by which foreign individuals are able to search relating to reforestation and forest opportunities for children of wartime veter­ study in this country with the assistance of products through arrangements with out­ ans who died from a service-incurred disease other Government agencies and private edu­ side organizations. A part of this program is or injury. The student must be pursuing cational organizations. Examples of pro­ conducted through cooperative arrange­ an approved program of education in an in­ grams are: (1) U.S. information and edu­ ments with colleges and universities, and at stitution of higher education or in a voca­ cational exchange programs (22 U.S.C. 1991, least one such arrangement has been made tional school below the college level. Pay­ et seq.); (2) technical cooperation with for­ with a university with religious affiliation. eign countries (22 U.S.C. 1891 et seq.). ments are made directly to the student to D. Use of national forests (30 Stat. 36; 55th Under 22 U.S.C. 1448, a program has been meet in part the expense of his tuition and Cong.; 16 U.8.C. 479) : The act of June 4, implemented for technical cooperation in 1897, cited above, authorizes a group of subsistence. The Veterans Administrator is the form of assistance to schools abroad persons residing in the vicinity of national required to pay each educational institution founded or sponsored by citizens of the forests to occupy not exceeding two acres $1 per month for each eligible person en­ United States and serving as demonstration of forest land for the erection of a school and . rolled t~ assist in defraying the cost of pre­ centers for methods and practices employed not exceeding one acre for the erection of a paring and submitting reports (38 u.s.c. in the United States in certain areas of church. One hundred and sixty-three 1765). training. A specific limitation of this pro- schools were on forest land on June 30, 1959, 5396 CONGRESSIONAL RECORD - HOU-SE March 30 Information is not available as to possible that the first Federal grants to the States ity of the social security cases, treated the religious a.ffiliatlon, but it 1s believed. that for the purpose of education antedated the · congressional determination as decisive of few, if any, of sueh schools have reUglous . Constitution, and that grants for this pur­ ·the propriety of the expenditures . affiliation.· There is,- however, no rule to . pose have been made from time to time .ever The President in his meSsage to Congress prevent erection of a. school because of such since. on this subject. and the Secretary of Health, affiliation. The existence of the power of expediture ·Education, and Welfare in his test imony on as a separate power independent of the ·S. 1021, have presented to Congress con­ NATIONAL AERONAUTICS AND SPACE AD:MINIS­ · other enumerated powers of Congress, which vincing reasons for exercise of the national TRATION had so long been in dispute, was finally .power of· expenditure, in the manner pro­ University research progra.m (National affirmed by the Supreme Court in United vided in the bill, in support of public Aeronautics and Space Act of 1958 (Public -States v. Butler, 297 U.S. l (1936); the con­ primary and secondary school education Law 85-568), sec. 203(b) (5); 42 U.S.C. 2473 trary view, that expenditures could be made thr oughout the Nation. There is no need (b) (5)): .Research ls conducted. through con­ ·only in support of the other congressional to repeat or summarize those reasons here. tract with institutions of higher education powers, was expressly rejected. The Court . If the Congress concurs in the judgment in matters within the scope of interest of did not find it necessary in that case to which the President and the Secretary h ave the National Aeronautics and Space Adminis­ indicate further the scope of the general expressed, it cannot be doubted that the tration. The agency has also made grants welfare clause, but clarification was not long Supreme Court would accept that judg- to institutions with religious affiliation pur­ delayed. Challenge to the unemployment m ent as conclusive. . suant to the provision of 42 U.S.C. 1891-93, compensation and old-age insurance provi­ Since Congress would be exercising a · which provides that authority to contract sions of the Social Security Act brought fur­ power expressly conferred upon it by the with institutions of l;ligher education forcer­ ther decisions affirming in the broadest terms Constit ution, no question under the 10th tain types of research shall also include the the discretion of Congress in determining amendment would arise. "The 10th amend­ authority to make grants. what expenditures are for the general wel­ ment states but a truism that all is retained DEPARTMENT OF INTERIOR fare of the United States. which has not been surrendered." ( United Education of Indian children: Title 25, In Steward Machine Company v. Davis, States v. D arby, 312 U.S. 100, 124 (1941)) . section 278, United States Code, declares it 301 U.S. 548 (1937), the Court said of ex­ The Su preme Court held many years ago penditures for the relief of the unemployed t hat Federal grants-in-aid to the States, "to be the settled policy of the Government . (pp . 586-587) : to make no appropriation whatever out of though conditioned upon various actions by "The problem had become national in t he States, ra ise no justiciable i..."Sue at suit the Treasury of the United States for edu­ area and dimensions. There was need of cation of Indian children in any sectarian of a State or of a taxpayer (Massachusetts help from the Nation if the people were not v. Mellon, 262 U.S. 447 (1923)). The Court school." (See Quick Bear v. Leupp (1908), to starve. It is too late today for the argu­ observed (p. 480): 210 U .8. 50, · holding that a s-imilar prohi­ ment to be heard with tolerance that in a "Probably, it would be sufficient to point bition did not apply to an .a,pproprlation crisis so extreme the use of the moneys of from funds held by the United States in out that the powers of the State are not the Nation to relieve the unemployed and invaded, since the statute imposes no obli­ trust for a tribe.) Title 25, ·section 279, their dependents is a use for any purpose United States Code, authorizes the Secre- gation but simply extends an option which n arrower than the promotion of the general the State is free to accept or reject." . tary to provide Indian children in missions welfare." with the rations and clothing to which they To the same effect is Oklahoma v. Civi l In Helvering v. Davis, 301 U.S. 619 (1937), Service Commission, would be entitled under treaty stipulations 330 U .S. 127 (1947). the validity of the old-age insurance system Uni ted States Butler, supra, if living with their parents. v. has oc­ was upheld. The Court expounded more casionally been cited as though it construed The Bureau of Indian Affairs arranges for fully the meaning of the general welfare the 10th amendment as a limitation upon the placement of Indian children in schools clause (pp. 640-641) : powers otherwise granted to Congress. It with religious affiliation only because of spe­ "Congress may spend money in aid of the cial circumstances. In such cases they make did not do so. The Court held that the reg­ 'general welfare' (Constitution, art. I, sec. ulatory effect of the expenditures there un- no payment toward instructional costs but 8; Uni ted States v. Butler, 297 U.S. 1, 65; . der consideration, in matters not falling do use welfare funds to pay the institution St eward Machine Co. v. Davis, supra). within the powers of Congress, rendered the for other needs of the children. There have been great statesmen in our statute invalid as exceeding the scope of HOUSING AND HOME FINANCE AGENCY history who have stood for other views. We congressional authority: The 10th amend­ College housing loan program ( Housin g will not resurrect the contest. It is now ment, said the Court, serves to "forestall Act of 1950 (Public Law 475, 81st Cong.), sec. set tled by decision (United States v. Butler, any suggestion" that Congress may exercise 401 et seq.; 12 U.S.C. 1749): The Housing · supra) . The conception of the spending powers not granted, expressly or by reason­ and Home Finance Administrator is au­ - power advocated by Hamilton and strongly able implication. thorized to make construction loans to assist reinforced by Story has prevailed over that Any argument that the Butler case con­ public and private nonprofit institutions of­ of Madison, which has not been lacking in strued the 10th amendment as restricting the fering at least a 2-year program of higher adherents. Yet difficulties are left when · granted powers was put to rest in the fol­ education and public and private nonprofit the power is conceded. The line must stlll lowing year, by Helvering v. Davis, supra; hospitals operating student nurse or intern­ be drawn between one welfare and another, The lower court had held the old-age insur­ ship programs so that they may provide new between particular and general. Where this ance system unconstitutional, on the ground or improved housing and other related facili­ shall be placed cannot be known through a that assistance to the aged was a matter re­ ties (such as dinin g rooms, student centers, formula in advance of the event. There is served to the States at the time the Constitu­ and infirmaries) for students and faculties. a middle ground or certainly a penumbra in tion was adopted, and thus reserved to them which discretion is at large. The discretion, Under this program, loans are m ade only by the 10th amendment (Davis Edison however, is not confided to the courts. The v. where the institution is unable to secure Electric Illuminating Co., 89 F. 2d 393 funds for such purposes from other sources discretion belongs to Congress, unless the (C.C.A., 1st Circ., 1937)). The court likened upon equally favorable terms and condi­ choice is clearly wrong, a display of arbi­ care of the aged, in this respect, to educa­ tions. The loans can cover up to the full trary power, not an exercise of judgment. tion.1 This ls now familiar law. 'When such a cost of construction and h ave a maturity In reversing the judgment the Supreme of up to 50 years, with interest one-fourth contention comes here we naturally require a showing that by no reasonable possibility Court said (301 U.S., at pp. 644-645): of 1 percent above the average interest rate "Counsel for respondent has recalled to on all outstanding Federal obligations. can the challenged legislation fall within the wide range of discretion permitted to us the virtues of self-reliance and frugality. the Congress' ( United States v. Butler, There is a possibility, he says, that aid from MEMORANDUM ON THE CONSTITUTIONAL AU­ supra, p. 67); Cf. Cincinnati Soap Co. v. a paternal government may sap those sturdy THORITY OF THE CONGRESS To ENACT S. United States, ante, p. 308; United States v. virtues and breed a race of weaklings. If 1021 Realty Co., 163 U.S. 427, 440; Head Money Massachusetts so believes and shapes her The power of the Congress to enact S. Cases, 112 U.S. 580, 595). Nor is the con­ laws in that conviction, must her breed of 1021 rests on its constitutional authority to cept of the general welfare static. Needs sons be changed, he asks, because some oth­ appropriate funds to provide for the general that were narrow or parochial a century ago er philosophy of government finds favor in welfare of the United States. The soope of may be interwoven in our day with the well- the Halls of Congress? But the answer is that congressional power has been so being o! the Nation. What 1s critical or not doubtful. One might ask with equal broadly defined by decision of the Supreme - urgent changes with the times." reason whether the system of protective tar­ Court, and the expenditures contemplated The Supreme Court has subsequently sus­ iffs is to be set aside at will in one State or by S. 1021 fall so clearly within the power, tailled, as valid exerclsea of the power to another whenever local policy prefers the that there is no need to review the con­ spend for the general welfare, Federal .con­ rule of laissez faire. The issue is a closed troversy which for a century and a half sur­ struction of public housing and Federal one. It was fought out long ago. When round the Federal power of expenditure, or projects for reclamation and irrigation to refer to the innumerable Federal ex­ (Cleveland v. United States, 323 U.S. 329 1 It may be noted that, if practice in 1789 penditures that have been made throughout (1945); United States v. Gerlach, Live Stock were controlling, it would confirm the pro­ our history for purposes of the general wel­ Company, 339 U.S. 725 (1960)). In both priety of Federal ·grants for educational pur­ fare. It is not amiss to point out, however, of these decisions the Court, on the author- poses. 1961 ~ CONGRESSIONAL RECORD - HOUSE 5397 money is spent to promote the general wel­ Mexican labor has had a detrimental ef­ to supply labor to their members fare, the concept of welfare or the opposite fe'ct on the wages, working conditions, whether they be gruwers or distributing is shaped by Congress, not the States. So the concept be not arbitrary, the locality and employment opportunities of domes­ and processing cooperatives or corpora­ must yield (Constitution, art. VI, par. 2) ." 2 tic agricultural workers. tions. Often the grower does not even · That the loth amendment does not limit This fact is particularly alarming be­ pay for the Mexican laboi: he is supplied the granted powers has been consistently cause American farmworkers are the with. The Great American Sugar Co., held by the Court in subsequent cases most underprivileged group in the Na­ the Northern Ohio Sugar Co., and the ( United States v. Darby, supra; Oklahoma tion's labor force. Underemployment of National Pickle Growers Association v. Civil Service Commission, supra). rural people is estimated as the equiv­ to give a few examples, bear the entir~ It is thus beyond dispute that S. 1021, if alent of i,400,000 fully unemployed cost of the Mexican labor supplied to enacted by Congress, will be a valid exercise workers. The average earnings of agri­ of congressional authority, and that no is­ growers with whom they hold contracts. sue will arise by reason of the 10th amend­ cultural workers is barely over $1,000 a Spokesmen for several farm organiza­ ment. year. Farmworkers are excluded from tions have taken a dim view of this sys­ .ALANSON W. WILLCOX, minimum wage, unemployment insur­ tem. The Farmers Union, for example, General Counsel, Department · of ance, and most.workmen's compensation has.questioned the effect of foreign con­ Health, Education, and Welfare. legislation. In addition, they are ex­ tract labor on the competitive position cluded from. legislation which protects of family operated farms;, the National the right of workers to organize into Grange has taken the position that con­ IMPORTATION OF MEXICAN WORK­ unions and bargain with their employers. tinued e.-xtensions of Public La\v 73 are ERS FOR EMPLOYMENT ON U.S. Each year, approximately 400,000 not. in the best interests of a majority, FARMS - American farmworkers are forced to mi­ or, m the long. run, of even.a minority The SPEAKER pro tempore. ·Under grate in order to avoid either unemploy­ of American farmers. previous order of the House, the gentle­ ment or low wages at home. While on Assistant Secretary of Labor Jerry R. man from Iowa [Mr. COAD] is recognized the road, their lives are very often char­ Holleman, testifying on behalf of the for 30 minutes. acterized by underemployment, low administration before the Subcommittee Mr. COAD. Mr. Speaker, legislation wages, poor housing, lack of education, on Equipment, Supplies, and Manpower, dealing with the extension of Public lack of health and welfare services, and has recommended specific amendments Law 78, a wartime emergency program, in some cases, unsafe vehicles for trans­ to the law. Contingent upon the adop­ which provides for the legal importation portation. tion of these amendments the admin­ of Mexican workers for employment on For 9 months in 1959, four prominent istration recommends a 2-y~ar extension U.S. farms will be brought to the floor Americans studied the effects of Public of Public Law 78. of the House from the Committee on Law 78 on domestic farmworkers at the H.R. 6032 contains the administra­ Agriculture almost immediately follow­ request of farmer Secretary of Labor tion's recommendations. It would pro­ ing the Easter recess. But, Mr. Speaker, James P. Mitchell. These men conducted vide the following : a simple extension of Public Law 78 their investigations not only in Wash­ First. Eligibility to employ Mexican raises serious moral, social, and economic ington, D.C., but also in all of the areas workers should be conditioned upon the issues, as well as principles of public where Mexican nationals are employed. ·employers attempting to recruit U.S. policy. They conferred with growers, domestic workers by offering them wages at- least By means of this program, approxi­ migrants, braceros, State and Federal equivalent to average farm wages in the ·mately 316,000 Mexican braceros were Government officials, and others close State. Employers would in no case be imported for work on U.S. farms during to or directly concerned with the Mexi­ required to raise their wage offers by 1960. Unless Congress acts to extend can farm labor program. more than 10 cents per hour in any 1 the program again, it will terminate at The four men who reported to the year or to raise their wage offers to more the end of this calendar year. Secretary of Labor were: Ex-Senator Ed­ than the average farm wage for the Na­ The administration is unalterably op­ ward J. Thye, of Minnesota, one of the tion as a whole-97 cents per hour in posed to any extension of Public Law 78 men who helped write Public Law 78; 1960. Where the wage offer thus de­ unless the law is amended in a manner Rufus B. von Kleinsmid, chancellor of termined is less than the wage already which will prevent the already intoler­ the University of Southern California prevailing, the prevailing wage must, of able economic condition of domestic and ex-president of the University of course, be offered and paid. farmworkers from deteriorating any Arizona; Glenn E. Garrett, executive di­ Second. Eligibility to employ Mexican further because of the adverse effect rector of the Good Neighbor Commission workers should be restricted to employers caused by the employment of Mexican and chairman of the Texas Council on who make reasonable efforts to attract labor. Migratory Labor; and Msgr. George G. domestic workers by offering-and actu­ This is a program which feeds on pov­ Higgins, social action director of the ally providing-terms and conditions of erty and unemployment in Mexico and National Catholic Welfare Conference. employment reasonably comparable to increases poverty and unemployment at These distinguished Americans, whose those offered to foreign workers. home. As it is presently operating, it views concerning Public Law 78 were Third. Employment of Mexican work­ has been denounced by religious leaders often conflicting when they began their ers should be confined to employment of all faiths and repudiated by respon­ investigations, arrived at the unanimous in seasonal and temporary jobs-less sible citizens from all walks of life. In conclusion that the Mexican fa.rm labor than year-around-and to employment its present form, it is a black mark program was undermining the wages, not involving the operation of or work against the domestic policy of the United working conditions, and employment op­ on machinery, except in specific cases States--a black mark which should be portunities of American farm workers. where found necessary by the Secretary erased as quickly as possible. Since that time, other groups have of Labor to avoid hardship. . Originally initiated to meet Korean stepped forward and, for entirely differ­ Fourth. The Secretary of Labor should war needs, the Mexican farm labor im­ ent reasons, have expressed concern be authorized to limit the number of port program has been extended repeat­ about the effects of Public Law 78. foreign workers who may be employed edly since that time. The Department This program is of benefit to only 2 ·by any employer to the extent neces­ of Labor, during its 10-year administra­ percent of the growers in the United sary to assure active competition among tion of the program, has accumulated States. This 2 percent is made up of farmers for the services of U.S. farm­ a vast amount of evidence which proves large commercial growers, small or me­ workers. conclusively that despite an allout effort dium sized growers who belong to labor Fifth. If amended in the respects pro­ by the Department to administer the contracting associations and/or distrib­ posed above, the law should be extended . law equitably, the mass importation of uting and marketing cooperatives, and for 2 years, terminating December 31, growers whose crops are sold on a con­ 1963. tract basis to corporations who are en- 2 It may be noted that of the six Justices Among the organizations joining with who concurred in the Butler opinion, four . gaged in the processing, distribution, and the administration in support of this (Hughes, C. J., and· Roberts, Sutherland, marketing of farm products. In most bill are: The National Council of and Van Devanter, J. J.) concurred with cases, the legal employers of Mexican Churches of Christ in the U.S.A., the Cardozo, St.one, and Brandeis, J. J., in Hel­ nationals are labor contracting associa­ National Catholic Welfare Conference, vering v. Davis. tions. It is the task of these associations the Unitarian Fellowship for Social 5398 CONGRESSIONAL RECORD - HOUSE March 30 Justice, the National Catholic Rural Escorted to his seat by a committee dresses of Mr. Janney and General Lee's. Life Conference, the Board of National composed of George W. Summers of response: Missions of the Evangelical and Re­ Kanawha and Thomas S. Flournoy of PRESIDENT JANNEY' S OPENING ADDRESS,1 formed Church, the Bishops Committee Halifax, President Janney opened his FEBRUARY 13, 1861 on Migratory Labor, the Young Chris­ administration of the convention with The President: Gentlemen of the conven­ tian Workers, the Bishops Committee a moving address aimed at saving the tion, I tender you my sincere and cordial on the Spanish Speaking, the National Union. Its appeal bore fruit on April thanks, for the honor you have conferred Consumers League, the AFL-CIO, the 4, when the convention voted 89 to 45 upon me, by calling me to preside over the American G.I. Forum, the Joint United not to secede. deliberations of the most important con­ vention that has been assembled in this States-Mexico Trade Union Committee, Unfortunately, 8 days later, on April State since the year 1776. Amalgamated Meatcutters and Butcher 12, 1861, and under circumstances too I am without experience in the perform­ Workers, AFI-CIO, the National Ad­ complicated for recital here, the first ance of the duties to which you have as­ visory Committee on Farm Labor, the shot in the War Between the States was signed me, with but little knowledge of National Sharecroppers Fund, the Na­ fired at Fort Sumter, aggravating an parliamentary law and the rules which are tional Education Association, the Na­ already critical situation. to govern our proceedings, and I have noth­ tional Council on Agricultural Life and Unable to secure a status of neutrality ing to promise you but fidelity and impar­ Labor, and the National Child Labor tiality. Errors I know I shall commit, but for Virginia, the convention, faced with these will be excused by your kindness, and Committee. the cruel choice of supplying troops to promptly correct ed by your wisdom. These organizations as well as the ad­ invade other States in an unauthorized Gentlemen, it is now almost 73 years since ministration believe that the time has war or of resisting an unconstitutional a convention of the people of Virginia was come when we should make it public invasion of its own territory, reversed its assembled in this hall to ratify the Constitu­ policy to accomplish in agriculture what previous stand. On April 17, 1861, it tion of the United States, one of the chief we have already accomplished in other adopted by a vote of 88 to 55 an ordi_. objects of which was to consolidate, not sectors of our economy; namely, the na'nce for repeal of Virginia's "ratifica­ the Government, but the Union of the States. restoration of respect and dignity, based Causes which have passed, and are daily tion of the Constitution of the United passing, into history, which will set its seal upon good wages, good working condi­ States" and for resumption of "all the upon them, but which I do not mean to re­ tions and steady employment, to the men rights and powers granted under said view, have brought the Constitution and the and women who labor for hire on Ameri­ Constitution," President Janney voting Union into imminent peril, and Virginia has can farms. in the negative. come to the rescue. It is what the whole The passage of H.R. 6032, would con­ It was following this decision that Col. country expected of her. Her pride as well stitute a definite step toward the ac­ Robert E. Lee, on April 20, after having as her patriotism-her interest as well as complishment of this goal. her honor, called upon her with an emphasis been offered supreme command of the which she could not disregard, to save the forces that were to be used for the coer­ monuments of her own glory. Her honored OUR FIRST GRAVE CONSTITU­ cion of other States, resigned his com­ son who sleeps at Mt. Vernon, the political TIONAL CRISIS-1861 mission in the U.S. Army. mecca of all future ages, presided over the Promptly appointed major general and body which framed the Constitution; and Mr. ALFORD. Mr. Speaker, I ask another of her honored sons, whose brow unanimous consent to extend my re­ commander in chief of the armed forces was adorned with a civic wreath which will marks at this point in the RECORD and of Virginia, he was acclaimed on April never fade, and who now reposes in Orange include extraneous matter. 23, 1861, by the convention in a memo­ County, was its principal architect, and one The SPEAKER pro tempore. Is there rable ceremony attended by .such south­ of its ablest expounders-and, in the ad­ objection to the request of the gentle­ ern notables as Alexander H. Stephens, ministration of the Goverment, five of her man from Arkansas? Vice President of the Confederate States, citizens have been elected to the chief mag­ and Matthew Fontaine Maury. istracy of the Republic. It cannot be that There was no objection. a government thus founded and adminis­ Mr. ALFORD. Mr. Speaker, 100 years For a second time, Mr. Janney, a life­ tered can fail, without the hazard of bring­ ago, a general convention of the Com­ long friend of General Lee, moved the ing reproach, either upon the wisdom of our monwealth of Virginia, elected pursuant convention in the same old House of fathers, or upon the intelligence, patriotism, to an act of its General Assembly passed , Delegates Hall by his eloquent tribute to and virtue of their descendants. January 14, 1861, was in session in the the commander in chief. General Lee's It is not my purpose to indicate the old hall of the House of Delegates of the response, brief and modest, is today in­ course which this body will probably pursue, capitol in Richmond. scribed on his monument on the spot in or the measures it may be proper to adopt. the hall where he stood at the time. The opinions of today may all be changed Convened for its first session on Febru­ tomorrow. Events are thronging upon us, ary 13, 1861, with James H. Cox of Ches­ After guiding the convention through and we must deal with them as they pre­ terfield County as temporary president, its most difficult period incident to the sent themselves. the convention included among its mem­ collapse of one Federal Government and Gentlemen, there is a flag which for nearly bers some of the most distinguished men the setting up of a new one, Mr. Janney, a century has been borne in triumph of the Old Dominion. worn out by his efforts, on November 6, through the battle and the breeze, and At that time, seven States had already 1861, resigned from the presidency of which now floats over this capitol, on which adopted acts of secession from the the convention for reasons of health. there is a star representing this ancient Com­ He was succeeded by Robert L. Mon­ monwealth, and my earnest prayer, in which United States and formed the Confeder­ I know every member of this body will cor­ ate States: South Carolina, Mississippi, tague of Matthews and Middlesex. dially unite, is that it may remain there Florida, Alabama, Georgia, Louisiana, After Mr. Janney's resignation, the forever, provided always that its luster is and Texas. But Virginia, fully alert to convention on December 6, 1861, passed untarnished. We demand for our citizens the crucial significance of whatever ac­ a resolution thanking him for the "im­ perfect equality of rights with those of the tion it might take, was delaying decision partial, efficient, and dignified perform­ empire States of New York, Pennsylvania, with the hope of peace and conciliation. ance of his duties, whilst presiding over and Ohio, but we ask for nothing that we The attempt of the United States to re­ their deliberations." In response, Mr. will not cheerfully concede to those of Dela-· Janney made a third stirring address. ware and Rhode Island. inforce Fort Sumter was yet to be made. The amount of responsibility which rests It was under these circumstances that Mr. Speaker, these three addresses by upon this body cannot be exaggerated. the convention, on the first day, elected John Janney, as well as anything I have When my constituents asked me if I would for its permanent president one of Vir­ ever read, epitomize the supreme catas­ consent to serve them here if elected, I ginia's ablest lawyers and statesmen, trophe of our history. As such, they answered in the affirmative, but I did so John Janney-1798-1872-of Leesburg. should be read by every thoughtful with fear and trembling. The people of A recognized leader who had missed American today, especially the young on Virginia have, it is true, reserved to them­ whose shoulders will fall the task of selves, in a certain contingency, the right becoming President of the United States to review our action, but still the measures by only one vote, Janney was a constitu­ maintaining constitutional liberty, I can think of no more effective man­ tional unionist. As such he was asso­ 1 Journal of the Acts and Proceedings of a ciated with other Virginians heroically ner in which the start of the War Be­ General Convention of the State of Virginia, striving to prevent secession and thus to tween the States and the great tragedy assembled at Richmond on Feb. 13, 1861. avoid the great tragedy that was clearly that it generated can be commemorated Richmond: Wyatt M. Elliot, printer, ~861, foreseen. than by quoting the three indicated ad- pp. 8-10. 1961 CONGRESSIONAL RECORD - HOUSE 5399 which we adopt may be fraught with good would advise and consent to that appoint­ CUTBACK IN AIRCRAFT NUCLEAR or evil to the whole country. m ent, there rushed from the hearts to the PROPULSION PROJECT (ANP) Is it too much to hope that we, and others ton gues of all the members, an affirmative who are engaged in the work of peace and response that told, with an emphasis that Mr. PRICE. Mr. Speaker, I ask unan­ conciliation, may so solve the problems could leave no doubt of the feeling whence imous consent ·to extend my remarks at which now perplex us, as to win back our it emanated. I put the negative of the this point in the RECORD. sisters of the South, who, for what they quest ion for form's sake, but there was an The SPEAKER pro tempo:re. Is there deem sufficient cause, have wandered from unbrolrnn silen ce. objection to the request of the gentleman t h eir old orbits? May we not expect that Sir, we h ave, by this unanimous vote, om· old sister, Massachusetts, will retrace her expressed our convictions that you are, at from lliinois? steps? Will she not follow the noble ex­ t h is day, among the living citizens of Vir­ There was no objection. ample of Rhode Island, the little State with ginia, "first in war." We pray to God most Mr. PRICE. Mr. Speaker, I have read a heart large enough for a whole continent ? fervently that you may so conduct the the President's statement concerning the Will she not, when she remembers who it operations committed to your charge, that cutback in the Aircraft Nuclear Pro­ was who first drew his sword from the scab­ it will soon be said of you, that you are "first pulsion ANP project, and am glad that bard on her own soil at Cambridge, and in peace," and when that time comes you never finally returned it, until her liberty will have earned the still prouder distinc­ he has made a forthright decision on the· and independence were achieved, and tion of being "first in the hearts of your program. It is a decision I regret and whence he came, repeal her obnoxious laws, countrymen." question. This means indefinite delay which many of her own wisest and best I will close with one more· remark. for the flight test program. It is true citizens regard as a stain upon her legisla­ When the Father of his Country made his that AEC will continue with ANP re­ tive records? last will and testament, he gave his swords to search, but at a much reduced rate. Gentlemen, this is no party convention. his favorite nephews with an injunction that It is our duty on an occasion like this to they should never be drawn from their scab­ In view of the large expenditures to elevate ourselves into an atmosphere, in bards, except in self-defense or in defense date, and the further expenditures re­ which party passion and prejudice cannot of the rights and liberties of their country, quired to achieve nuclear flight, I can exist-to conduct all our deliberations with and, that if drawn for the latter purpose, understand the President's decision in calmness and wisdom, and to maintain, with they should fall with them in their hands, relation to other competing demands for inflexible firmness, whatever position we rather than relinquish them. funds. may find it necessary to assume. Yesterday, your mother, Virginia, placed her sword in your hand upon the implied I hope, however, that the President's CONFIR.MATION OF GEN. ROBERT E. LEE AS condition that we know you will keep to message will not set a precedent for COMMANDER IN CHIEF AND THE GENERAL'S, the letter and in spirit, that you will draw other atomic energy projects. The mes­ RESPONSE i APRU. 23, 1861 it only in her defense, and that you will sage adopted the criterion used by the The President: Major General Lee, in the fall with it in your h and rather than the ob­ Defense Department in past years of the name of the people of your native state, ject for which it was placed there, shall fall. necessity of achieving a militarily use­ here represented, I bid you a cordial and Major General Lee responded as follows: ful aircraft in the foreseeable future. It heartfelt welcome to this hall, in which we Mr. President and gentlemen of the con­ has been my position and that of many may almost yet hear the echo of the voices vention: Profoundly impressed with the so­ lemnity of the occasion, for which I must members of the Joint Committee on of the statesmen, the soldiers and sages of Atomic Energy that we cannot foresee bygone days, who have borne your name say I was not prepared, I accept the position and whose blood now flows in your veins. assigned me by your partiality. I would the military uses of an atomic· powered We met in the month of February last, have much preferred had your choice fallen engine until we get ·an experimental charged with the solemn duty of protecting on an abler man. - Trusting in Almighty engine in operation. When something the rights, the honor and the interests of God, an approving conscience, and the aid has been demonstrated our military peo­ the people of this Commonwealth. We dif­ of my fellow citizens, I devote myself to the ple see a great many uses. For example, fered for a time as to the best means of ac­ service of my native State, in whose behalf alone, will I ever again· draw my sword. I note the message cites our greatest complishing that object; but there never need for expansion in the Polaris nuclear was, at any moment, a shade of difference FAREWELL ADDRESS,3 DECEMBER 6, 1861 amongst us as to the great object itself; submarine system. This combines the Mr. President and gentlemen of the con­ nuclear submarine with a solid fueled and now, Vii:ginia having taken her position, vention: When you called me, in the month as far as the power of this convention ex­ of February last, to preside over your delib­ missile and a lightweight nuclear war­ tends, we stand animated by one .impulse, erations, I was wholly without experience, head. If the United States had waited governed by one desire and one determina­ and had nothing to promise you but fidel­ until it foresaw a militarily useful pur­ tion, and that is that she shall be defended; ity and impartiality in the discharge of my pose for each of these components we and that no spot of her soil shall be polluted duty. Errors I know I must have committed; would have no Polaris system today. by the foot of an invader. but the promise that I made you has been When the necessity became apparent of I note also that the defense· message faithfully performed. For the approbation sees a military purpose in the Skybolt having a leader for our forces, all hearts and which you have been pleased to express, I am all eyes, by the impulse of an instinct which more indebted to your kindness than to any system which utilizes a conventional is a surer guide than reason itself, turned merit of my own, but I ought not and do aircraft with only a limited range to pro­ to the old county of Westmoreland. We knew not thank you the less on that account. We how prolific she had been in other days, of vide a mobile launching platform for have been engaged in the discussion of sub­ intermediate range missiles. This is the heroes and statesmen. We knew she had jects of the most intense interest, calculated given birth to the Father of his Country; to to arouse into action the highest energies same system originally recommended Richard Henry Lee, to Monroe, and last, of the humap. intellect and the stormiest for nuclear powered aircraft of virtually though not least, to your own gallant father, passions; but I can state, with truth, that unlimited range, known as the Carnal and we knew well, by your own deeds, that during my administration of the duties of her productive power was not yet exhausted. system. the chair, not a word ·was spoken by any The . amount recommended for ap­ Sir, we watched with the most profound member that violated the order and decorum and intense interest the triumphal march of of debate. To have presided over such a. propriation to AEC will unfortunately the army led by General Scott, to which you body of gentlemen is a distinction of which not provide for the research and de­ were attached, from Vera Cruz to the .capital any m an might well be proud. I shall cher­ of Mexico; we read of the sanguinary con­ velopment of any experimental nuclear ish the recollection of it to the latest hour powerplant for a nuclear aircraft. It flicts and the bloodstained fields, in all of of my life. Gentlemen, the clouds are low­ which victory perched upon our own ban­ ering, the tempest is brewing all around us; will only provide for some laboratory ners; we knew of the unfading luster that the forked lightning is seen, and the mut­ work in high temperature materials. was shed upon the American arms by that tering thunder is -heard in the distance. I have pointed out many times that campaign; and we knew, also, what your By the blessing of Providence upon the arms modesty has always disclaimed, that no small we could have had nuclear aircraft in of our brave defenders, the storm may yet be flight today if it had not been for the share of the glory of those achievements was averted; but, if not, -and it shall burst with due to your valor and your military genius. fury upon us, don't turn your backs to it­ on-again, off-again system of misman­ Sir, one of the proudest recollections of turn your faces. Don't give up the ship, agement by the Defense Department and my life will be the honor that I yesterday and never despair of the Republic; all will its scientific advisers. h ad of submitting to this body the con­ yet be well, if each one of you will adopt for firmation of the nomination made by the I can see the same approach creep­ his motto, with the change of a single word, ing into the management of · other de­ Governor of this State, of you as comman­ the last signal of England's greatest naval der in chief of the military and naval forces hero: "The South expects every man to do fense projects and the Rover nuclear of this Commonwealth. I rose to put the his duty." rocket program. I expect to have more question, and when I asked if this body to say ·on these problems at a later 2 Ibid, pp. 186-188. 8 Ibid., pp. 455-456. date. 5400 CONGRESSIONAL RECORD - HOUSE March 30· In conclusion, I can understand the copper stocks, 25 percent of the man­ war at the United Nations from defrost­ President's decision on ANP from a fiscal ganese, 15 percent of the chrome ore and ing, native tribes now no longer under, standpoint. I cannot agree with his tin, 10 percent of all graphite and lead, Belgian rule are reviving their ancient scientific and defense advisers as to the as well as large quantities of iron ore, terrors, thus bearing out my statement approach being taken toward develop­ coal, zinc, asbestos, bauxite, tungsten, above, that tribalism is the all-consum­ mental projects. gold, antimony, vanadium, and gypsum. ing issue in Africa. Here we have the From her vast land area come most Congo, a nation whose days of freedom of the world's supplies of cocoa, cloves, have been marked by bloody strife, WHO WILL WIN IN AFRICA? palm oil, sisal, peanuts, coffee, bananas, whose independence has been a travesty Mr. LINDSAY. Mr. Speaker, I ask rubber, tobacco, and tea. since King Baudoin elaborately handed unanimous consent that the gentleman Her great waters promise 40 percent over sovereignty last July. Surely, this from Illinois [Mr. MICHEL] may extend of the world's usable water power, just is a sad state of affairs. As the Sunday his remarks at this point in the RECORD waiting to be harnessed. Her vast rivers Star of Washington said on March 26: and include extraneous matter. . offer unparalleled opportunities for water Here is a "nation without nationality;" The SPEAKER pro tempore. Is there transportation. a country with political "leaders who objection to the request of the gentleman RACISM AND TRIBALISM lead factions, not people," and whose from New York? Against this background of needed troubles the Sunday Star attributes There was no objection. supplies and undeveloped resources play partly to "Eutt>pean entrepreneurs whose Mr. MICHEL. Mr. Speaker, the pres­ the emotions of men in a grim battle. vested interests in a colonial Congo were ent mixed state of affairs in Africa and The best laid plans of these men go awry totally disrespectful of political free­ arguments as to how best to dispose of because two issues-racism and tribal­ doms." problems in that dark and little-known ism-cut across frontiers and wreck the As in the Congo, Africans everywhere continent seem to me to be symbolized best intentions and the best programs have come to face the fact that merely in a story now going the rounds: for developing Africa. A third factor is getting the white man out will not solve The lion, king of the beasts, summoned the so-called cold war, which occasion­ their problems. They are discovering the denizens of his realm recently and ally gets warm, and which has brought there is no such thing as instant free­ saiC: to them, "I called you together be­ Red Russia into the picture as a formid­ dom. They have learned that premature cause-well, frankly, if things get worse, able contestant for the rich prizes that withdrawal of white authorities can men are going to turn Africa into a Africa offers, and adds further to the mean chaos when their own people lack jungle." already muddled situation. · On this political education, lack knowledge of Perhaps this story epitomizes the situ­ subject, U.S. News & World Report says: the ins and outs of modern types of governments, and are in ignorance of ation about as well as it can be stated. Racism in Africa cuts two ways: In the This seems to be true in spite of the West African countries where blacks now modern technical methods and the myr­ tidbits of optimistic news trickling into rule * • * there is discrimination against iads of catacombs of protocol and ways the daily press and which certainly are whites. In the East African and South of accomplishing Political objectives. welcomed by a weary world that prob­ African countries, where whites rule • • • How are we to deal with this Congo ably does not understand Africa at all. there is discrimination against blacks. problem when we seem to have no start­ What I learned in school about Africa • ing point, no sense of artifice, no educa­ contrasts sharply with what is occurring Inexperienced native leaders are caught up tion, and no apparent desire to seek so­ there today. As I recall it, in my school­ in world struggles beyond the comprehen­ lutions to problems other than those sion of tribal peoples. • * • All the new that exist in their own tribal groups? days there were only about three inde­ countries need aid, guidance. pendent nations-Liberia, Ethiopia, and THE RHODESIA$ South Africa. Now all this is changed The top issue for Africans· is race, not Between the Congo and South Africa and by 1962 I feel that about 30 African cold war, this publication then explains: lies a vast multiracial union, the middle Nations will have delegates sitting in the National boundaries mean little to Africa. ground between white and black ex­ United Nations. Whereas few cared or What counts is the color of the skin, the tremities. It is known as the Federation even knew much about Africa in my tribal membership. • • • Through much of Rhodesia and Nyasaland, and it has schooldays, the entire world today is of this continent men consider only your color, then, if it's black, as your tribe. recently seen violence between its 292,000 locked in a struggle to gain independence whites and its 7 .6 million blacks. Some for, or to enslave, that Dark Continent. Ultimate anarchy seems to be the whites demanded more stringent meas­ Thus, in spite of the signs of progress answer; for racism, as rampant as it is, ures to suppress this violence, but many made as a result of the recent meeting is not so much a threat as tribalism in more seem to have seen the light and of Congo leaders, which the Christian some areas. The publication adds, ex­ are seeking some way in which they and Science Monitor of March 14, 1961, says plaining: the blacks can arrive at a cooperative has left a "remarkable impression of In the Congo last summer, for example, working arrangement. achievement," I take this opportunity Congolese blacks celebrating their inde­ As if this situation is not muddled to cite some facts which we must take pendence turned to an orgy of antiwhite enough, in Nyasaland, the smallest na­ into account in considering the entire violence, then turned to tribal warfare until tion in this federation, little Nationalist African problem. the Premier of the Congo called in the United Nations. Leader Dr. Hastings K. Banda, a power­ As U.S. News & World Report of March ful and respected person in his own coun­ 6 declared: Tribalism was the downfall of Patrice try, is paying homage to British Colonial The real battle for Africa has just be­ Lumumba and led to his slaying. It Secretary Iain Macleod, saying he trusts gun. • • • Black Africa is slipping deeper gave Khrushchev his chance to try for Macleod implicitly and that independ­ into turmoil. • * • Out of it all a single power in the Congo: ence for his nation is not a matter of 10, question is arising: Who is going to emerge The cold war has been added on top of 20, or even 50 years. Said he: "We are as the winner of the struggle for a con­ the tribal and racial barriers to peaceful de- . tinent? not thinking in terms of years at all." velopment in Africa. * • • All over Africa Meanwhile, in Northern Rhodesia, by Before we can even hazard a guess as * * • the rise of African nationalism is cut­ far the wealthiest of the three federation to who the victor may be, it might be ting across conflicts of race, tribe, and cold war. There will be trouble in Africa for members, freedom until recently would well to examine several phases of the years to come and the winner of the struggle have seemed absurd. But British-ap­ problem. for the continent is not now in sight. pointed Governor General Sir Evelyn First of all, the treasures at stake are Hone has pushed through the legislature high for whoever wins Africa. The Dark I have cited the fore going background a measure that bans all racial discrimi­ Continent's treasures tempt all the in­ material for a number of reasons, which nation in all Northern Rhodesia's eating dustrial powers of the world with its vast I would like to discuss now in some detail. and other public places. The blacks stores of raw materials that are vital to As to problems of the individual hot­ cheered, the whites booed, but the whites a jet age. spots in Africa, let us consider them. obeyed and finally the conviction has This continent now supplies most of THE CONGO been growing that what had been the world's cobalt, columbite, tantalite, Although the Congo problem, in my granted to Nyasaland hardly could be and diamonds; 20 percent of the world's opinion, has served to keep the cold refused their own vast black majorities. 1961 CONGRESSIONAL RECORD - HOUSE 5401 Southern Rhodesia, however, has In September, British East Africa's first Communists. As the Washington Daily faced its problem differently. Self-gov­ predominantly black government is al­ News editorial of March 8 points out: erned, it cannot be pressured into de­ most certain to be elected. Its first It also comes from • • • each of the po­ segregation. The trend there is toward African prime minister is all but certain litical factions in the Congo, and most of giving Africans a more important role to be the beloved, 38-year-old Catholic­ the nations which supply the men for the in government affairs. Perhaps the mission-school-educated Julius Nyerere, U.N. force. • • • Too often overlooked in African can realize the dream of the a graduate of Edinburgh University. such criticism are the handicaps under founder of Rhodesia, Sir Cecil Rhodes, Adored by the blacks, he also is greatly which the U.N. functions in the Congo. who asserted that there should be equal • • • The United Nations probably can respected by the whites. Says he: protect itself from its declared enemies, the rights for all civilized men. All of our tribes • • • will be participat­ Soviet Communist bloc. But the U.N. des­ KENYA ing in our new government. The newer perately needs help if it ls to be saved from tribes-Asians and Europeans-will be just some of its friends. In this country, the whites have re­ as welcome as the Africans. sisted the opening of the formerly re­ Here there seems to be an opportunity stricted White Highlands to competent Tanganyika, then, seems to be no for the United States to offer its good­ blacks. They have been bitterly critical problem, but I cite it as an example of offices in a most worthy cause. Perhaps of the British Government's threat to what can be done in this welter of mixed some of this help will be forthcoming ultimately release Jomo Kenyatta, the races, tribal customs, and widespread from discussions of Africa in the Con­ burning spear of the Mau-Mau blood lack of preparation for self-government. gress of the United States, but perhaps bath. Yet Kenyatta seems even now to And now for the questions I have in only after the American people have hold the key to Kenya's political future. mind. As for the solution, I can only been better informed concerning the is­ He may become the personification of suggest that none can be found until sues involved. the country-"Mr. Kenya"-and prove some order is made out of the chaotic to be, according to some whites and and contradictory word-picture I have most of the blacks, the only savior avail­ painted. THE TREASURY'S UNLOCKED able. Meantime, many British hope he First. There is what to me has been "BACK DOOR" will have shed his bitterness by the time the ineptitude of the New Frontier's ef­ Mr. LINDSAY. Mr. Speaker, I ask he is freed and accept the need for the forts to deal with the African problem. unanimous consent that the gentleman blacks and whites to live together in In this connection, I call attention to from Washington [Mr. TOLLEFSON] may harmony, as partners, rather than the March 14 story in the Washington extend his remarks at this point in the having the blacks ruling the whites; and Post and Times Herald which reported RECORD and include extraneous matter. they even feel he may someday rule the as unsatisfactory to them the efforts of The SPEAKER pro tempore. Is there nation. the new Assistant Secretary of State for objection to the request of the gentle­ Begging to differ with this optimistic African Affairs, Mr. G. Mennen "Soapy" man from New York? viewpoint is the March 22 issue of the Williams. I hope the appointment of There was no objection. Wall Street Journal, whose staff re­ Mr. Williams, whose antics and rude­ Mr. TOLLEFSON. Mr. Speaker, the porter, Joseph E. Evans, quotes one au­ ness while he was in Africa has been leader of efforts in the House of Repre­ thority on Kenya's affairs as asserting: widely reported in the daily press, is not sentatives to stop back-door spending is The old Kenyatta never changed. indicative of what the conduct and per­ my colleague, the distinguished gentle­ haps ineptness of other New Frontier According to this same issue of the man from Washington [Mr. PELLYl. An ''salesmen" of the United States may be article describing this method of uncon­ Journal, a British-Kenya politico con­ in the future. Here alone is a problem curs: trolled Government spending appeared iri which seems to be crying for attention. a recent issue of Spotlight, a publication Kenyatta was and is a fanatic and a Com­ Second. What are the aims of the devoted to national issues. munist. United States for Africa? In reaching Congressman PELL Y maintains that This same issue of the Wall Street into this Darkest Continent, has the long hundreds of millions of dollars can be Journal begs to differ with the opinions arm of the New Frontier faltered? Has saved to the taxpayers of our Nation if stated above concerning Kenyatta when it caused irreparable damage to our Congress will only close the door on it says: prestige in handling foreign affairs? In back-door spending. I urge the Members addition to what the Africans have been It is one thing to release Kenyatta and of the House to read his article which quite another to let him assume political quoted as saying, to the effect that follows herewith: power. For that to happen, the British "Soapy" Williams' efforts are unsatis­ factory, there is added the apparently THE TREASURY'S UNLOCKED "BACK DOOR" themselves would have to make it possible-­ (By Congressman THOMAS M. PELLY, and that is hardly likely. long-range policy of the Kennedy ad­ ministration, which, according to Ray of Washington) The Journal continues by reporting Cromley, writing in the Washington Under the rules of the House of Represent­ that many African leaders do not really Daily News of March 14, is practically atives, exclusive jurisdiction over legislation want Kenyatta released, but quotes the involving spending rests with its Committee one of despair, inasmuch as the New on Appropriations. That has been the rule Minister of Labor, Ronald Ngala, of the Frontiersmen are quoted as having little since 1920, when one committee was given present caretaker government that rules hope of any satisfactory solution for 10 this responsibility so as to obtain better con­ until September, as declaring: to 20 years. Says Mr. Cromley: trol of expenditures. Prior to 1920 there was We want him released so we can find out The most the Kennedy men expect is that no one committee to provide for overall where he stands. they can keep the Red takeover as small as review of all the requests or to weigh relative possible during this period. urgencies under existing conditions and Creation for Kenyatta of the post of available revenues each year. chief minister is, according to this arti­ Have we got 10 to 20 years to spare in The House saw the desirability of a check cle in the Wall Street Journal, theoreti­ our efforts to solve the African riddle? on pressure groups or special interests con­ The answer, most assuredly, is an em­ trolling any one legislative committee. The cally the next step on Kenya's road to new arrangement, it was found, did indeed independence. phatic "No." This, to my mind, is prac­ provide a better system of fiscal control and So here, for Kenya, we have appar­ tically a philosophy of despair and one responsibility. ently contradictory interpretations of which we must abandon in favor of a About 1932, with the creation of the Re­ what is going on there and what is likely program of cooperation that will at least construction Finance Corporation, a new to happen. keep step with moves of the Soviets and language device was drawn to supply this TANGANYIKA Red Chinese. Better yet would be a Corporation with funds. Rather than using plan that would keep ahead of the mod­ the regUlar appropriation process, the Cor­ Because of the prevalence of the dread ern barbarians' efforts to conquer this poration was authorized to go direot to the tsetse fly, this country has been largely rich land. How this may be accom­ Federal Treasury and borrow money for its shunned by whites, of which there are plished, is, I feel, a problem which we operations. now about 20,000. Asians number Over the ensuing years Oongress has pro­ should study so that we may cooperate vided similar borrowing authority to a num­ 80,000. Blacks total 8 million. Even with the efforts of the United Nations. ber of Federal corporations and for a number with this racial imbalance, things seem Third, there is the criticism of the of noncorporate Government programs, such to be moving toward a happy solution. United Nations. It comes from the as housing, OCC, REA, FHA, some types of 5402 CONGRESSIONAL RECORD - HOUSE- March 30 farm loans, defense minerals .procurement, The amount of expenditures involved is meeting between participating student the British loan in !946, the International huge. In 1 year 16 bills authorizing $9 rioters and General Eisenhower at his Monetary Fund contribution, and so on. billion to be financed outside of the appro­ winter home in California where the . This method of authorization to expend priations process were considered by the students. apologized for the. riots. It from public debt receipt-which circuµi• House. Under back-door methods of past vents normal appropriation and budgetary years, the present administration's housing seems to me that this action on the part control procedures-has come to be known program, including co!l~ge housing, would of the ·Japanese students was most as back-door spending. It has become a. exceed $6,800 million, of which only $50 significant and should have received popular legislative instrument for initiating million or less than 1 percent would be by greater publicity. The New York Times programs involving large-scale and long- direct appropriation. of Mar.ch 30, 1961, carried a story which range spending. · With the organization of the 87th Con­ I herewith insert in the CONGRESSIONAL gress, there has been a new attack on back­ Back-door spending devices not only in­ RECORD. clude this type of public debt transactions door spending. One hundred and twenty­ but also a note cancellation technique three Members of the House joined in a bi­ EISENHOWER GETS JAPANESE APOLOGY whereby a Government agency's · notes to partisan drive in support of a resolution to PALM DESERT, CALIF., March 29.-Members the Treasury are canceled, and then with­ change the House rules to overcome the of the Japanese national student federation, out mention of an appropriation, the agency Boggs decision and place full jurisdiction of known as Zengakuren, apologized today to borrows again under the original author­ all kinds of Federal· spending under the former President Eisenhower and the· Amer­ ization. This, of course, bypasses the nor­ House Committee on Appropriations. ican people for the part they played in last mal established annual appropriation proc­ After a hearing in the newly enlarged year's student riots. ess, including budget review. Committee on Rules, this resolution was Koichi Morita, chairman of the student A third method of back-door spending is rejected 8 to 6. federation, spoke on behalf of 40 students the financing of continuing operations with Other resolutions or means of ending present to General Eisenhower in front of agency receipts derived from such opera­ back-door spending are contemplated and even the possible use of a discharge petition his winter home at the El Dorado Country tions without the regular annual review and is being considered. Club here. action by the Congress. Mr. Morita explained that the June 16, As it is, by bottling up this resolution, the 1960, riots in which James C. Hagerty, then A fourth device used in several programs majority will of the House is being thwarted. involves language in a bill authorizing an the White House press secretary, was mobbed agency to make obligations in advance of Public opinion, however, is needed to break and President Eisenhower was stopped from appropriations to carry out programs. This the bottleneck. Of course, there is the hope visiting Japan had caused many Japanese does not do away with the appropriations that if not in this session of Congress, there students to reanalyze their own beliefs and process but it reduces the function of the will be successful action in the future. in doing so many became firm advocates of Committee on Appropriations to one of Meanwhile, however, citizens who oppose moral rearmament. honoring a commitment already made. No back-door spending and desire to see a "If this was a development of these riots," matter what the fiscal situation, the Gov­ change in congressional procedure should General Eisenhower said, "they turned out ernment's contracted liabilities must be write their views to Members of the House to be a success instead of a failure." honored. Annual discretion and control of of Representatives. "I'm for you 100 percent," he added, "I the budget thereby is impaired. There have been many measures intro­ want to come to Japan this fall to assure the The Constitution of the United States, duced with the hope of effecting economy people that we [Americans] don;t want to article 1, section 9, paragraph 7, states: "No and cutting down on waste and duplication. dominate any country either economically or However, the first and fundamental step money shall be drawn from the Treasury, but in the direction of fiscal responsibility is militarily. We don't want any territories. in consequence of appropriations made by We just want to keep the world free." law." to lock the back-door of the Treasury. Approximately 75 members of the world· Changing the rules of the House, fur­ Thls provision was placed there by the wide moral rearmament movement met with thermore, is not a complicated matter. The General Eisenhower. framers to assure that expenditures from the views of the White House are not involved, public treasury to carry out congressional nor does this require the consent of the policies would be carefully weighed in terms Senate. of necessity, revenue availability and the AN EASTER MESSAGE FOR THE fiscal solvency of the Nation. If public opinion can be enlisted in curb­ ing back-door spending and it results in the WHOLE WORLD Congress regularly has two steps, in that switch of only one vote--if all Members of Mr. LINDSAY. Mr. Speaker, I ask first it must authorize or establish a policy. the Committee on Rules are in attendance-­ Then it must take a second step to provide Congress might well restore to itself the unanimous consent that the gentleman for the expenditure of public funds to carry power and ability to control the public purse. from Washington [Mr. TOLLEFSON] may out that policy. In the House of Repre­ What a challenge to those Americans who extend his remarks at this point in the sentatives that procedure places all appro­ have been fighting against inflation and for RECORD and include extraneous matter. priations under the jurisdiction of one com­ a stable economy. National solvency is at The SPEAKER pro tempore. Is there mittee having jurisdiction and intended to stake, as is public confidence in our economy objection to the request of the gentleman provide overall control. both here and abroad. Unfortunately, under the Boggs decision from New York? Every citizen is invited to participate in There was no objection. of 1949, in construing clause 4 of rule XXI the anti-back-door spending drive. Such of the House rules, language in bills to ex­ persons should write their views to Members Mr. .TOLLEFSON. Mr. Speaker, one pend from debt receipts was declared not of the House of Representatives-and esl)e­ of the outstanding figures in the world, to come under the definition of "appropria­ cially to members of the House Committee and one wI:io has done as much as any­ tions." As a consequence, legislative scrutiny on Rules. one else in our time to bring about bet­ and control of billions of dollars annually ter understanding and better relation­ expended by the Congress was eliminated. ships · among many nations, is Dr. In the meanwhile, the principal financial EISENHOWER GETS JAPANESE Frank N. D. Buchman, the initiator of officer of the Congress, the Comptroller Gen­ APOLOGY eral of the United States, has criticized the Moral Re-Armament. The great work public debt transaction technique for au­ Mr. LINDSAY. Mr. Speaker, I ask of this world force is well known to thorizing expenditures. Significantly, too, unanimous consent that the gentleman many people throughout the world and Secretary of the Treasury Robert B. Ander­ from Washington [Mr. TOLLEFSON] may to Members of Congress. The latter will son in August 1958 stated his opinion that extend his remarks at this point in the be much interested, I am sure, to read a legislative enactment permitting money to RECORD and include extraneous matter. be drawn from the Treasury is an appropria­ his "Easter Message for the Whole tion. President Eisenhower, in his final The SPEAKER pro tempore. Is there World'; which I am inserting in the budget message to the Congress, reiterated objection to the request of the gentleman CONGRESSIONAL RECORD. ·his opposition to financing outside the ap­ from New York? AN EASTER MESSAGE FOR THE WHOLE WORLD­ propriations process. There was no objection. ALL THE MORAL FENCES ARE DOWN Abortive efforts without success have been Mr. TOLLEFSON. Mr. Speaker, the (By Dr. Frank N. D. Buchman) made in recent years to amend individual entire world was shocked at the Tokyo In Oxford a few months ago, my old bills to provide against back-door provisions friend, Sir Richard Livingstone, once vice and change the method of financing to the student riots which protested the pro­ normal appropriations procedure. On such posed visit to that city by President chancellor of the university and a leading Eisenhower. The newspapers of the educator of the world, said, "When you and occasions one legislative leader has revealed I were young, there were moral fences on his opposition to any such attempts to elimi­ world carried front page stories about the road of life. We did not always keep to nate the process of bypassing the House the incident. The same newspapers, un­ them. But we always knew when we crossed Committee on Appropriations by saying that fortunately, failed to accord similar at­ t~eni. . But today all the zµ.qral fences are otherwise much progressive legislation would tention to an extremely important after­ ·down, and look at the world. Your job is to have never been passed. math of those riots, namely, the recent build these fences anew." 1961 CONGRESSIONAL RECORD - HOUSE 5403 In country after country it holds true. m111ion Socialist women of France, decided to changes that have taken place in your lives. In one country people shamelessly admit change and rebuild the moral fences in their This is . the last ac.t in the June riots and their leaders have their mistresses and are family life and in France's· relationships it has a happy-ending. I hope to go back to Just not honest. They say men in the Cab­ with Germany and North Africa. Chancel­ Japan in the fall, but I don't expect to see inet have their price. That country is very lor Adenauer was one of the first to write a you there. I expect to see you in South Amer­ close to Communist takeover. Today when­ letter of condolence to Madame Laure just ica and other places taking this message ever the moral fences are down, communism a few weeks .ago on the death of her husband. there. We have got to have an absolute walks in. German and French leaders say of Victor conviction and be ready to sacrifice. Man­ Leaders of Japan came to see me. They and Irene Laure, "Tb.ese two have done more kind is not going to live in peace until they said the moral fences were down in their than any other living couple to bring about have a higher moral plane on which to con­ country. They admitted they were down in understanding between our two countries." duct their affairs." their own lives. Corruption, mistresses, dis­ These two had found the element of unity Now these young men are planning to honesty in politics had become a way of at Caux. They were restored to the church take their message into South Ainerica. They life. These men and women decided to and married there. Said their son who know that communism gallops across lands build the moral fences again in their lives pioneered this work in Brazil, "It is unusual where the moral fences have been destroyed. and in their nation. Then came the rioting for an adult son to be present at his It edges forward through the soft spots in Japan at the time of the American-Japa­ parents' wedding." in men's characters. They know that a man nese Mutual Security Pact. The Govern­ It was Victor Laure and Madame Laure who can be bought with women, men, drink, ment felt it was a critical moment for Japan whom Mohammed Masmoudi, Minister of position, power, will be used by communism and the world. Prime Minister Kishi sent Information for Tunisia, first met when he in its bid for control. Moral breakdown is word a short time ago, "At the crucial hour came to Caux. He said at that time, "I was the problem. Moral Re-Armament is the men trained in Moral Re-Armament in labor, as full of hate as a bomb is full of explosion. answer. youth, and politics stood up and refused to I had a letter from my mother saying, 'God OUTMATCHING COMMUNISM compromise with evil." bless you, my son, and God curse the French.' The leaders of Hollywood welcomed these THE TIGER But after meeting the Laures I replied, 'God Japanese to Ainerica. In a message to their Then we met the leaders of the Zenga­ bless me. I need it. But do not curse the opening in Carnegie Hall, they said, "The kuren student organization which had cre­ French. I have met French people with ideology of Moral Re-Armament must be­ ated the riots of 300,000 before the Diet whom we can work to build a solid bridge come the policy of our nations. You are buildings. They had mobbed the car of between North Africa and Europe.'" equipping the nations of the world with the James Hagerty, press secretary to President This way of restoring broken fences has ideology to outmatch communism and an­ Eisenhower, and kept the President from vis­ been forgotten. Victor Laure is an example swer its causes." Think of the miracle of iting the country. The chairman of the of what God intends men to be and to do Hollywood beginning to build moral fences Foreign Relations Committee of the Diet at for their nations. Victor also made friends for the millions. Through movies and tele­ that time, speaking recently in Washington with the first Prime Minister of independent vision, Hollywood producers, actors, and tech­ said, "That moment was another Pearl Har­ Morocco who found a new approach to the nicians are preparing films on Moral Re­ bor in the relationships between my country French-Moroccan division. He wrote me, "I Armament for the world. and Ainerica." These youth leaders changed. am determined to make absolute moral Stars like Muriel Smith, called the great­ They saw how communism through their standards the basis of our government," and est voice on film today, and Ann Buckles moral weaknesses had used them in an effort his late King, Mohammed the Fifth, sent of Broadway fame, are devoting all their to take over their country. They have put me this word: "You wm find Morocco is lives and energy and talent to restore to their experiences in a play. They call it ready soil for Moral Re-Armament. We need the nations the moral standards which in "The Tiger." It clearly shows how men this ideology to maintain the freedom we the past so much of the product of Holly­ without moral standards become the tools have won.'' wood has been tearing down. of men with an ideology and how so-called The Japanese leaders with their play "The It was Muriel Smith's song, "The World private sins become a public menace and Tiger" are now in Ainerica. They have re­ Walked Into My Heart," which she sings in how through Moral Re-Armament they found ceived standing ovations from packed-out "The Crowning Experience," now filling a new direction for themselves and for their houses in the Carnegie Hall in New York, theaters with record audiences on every con­ nation. in Washington, and in the Henry and Edsel tinent, that won the heart of one of Ja­ The statesmen who understand the real Ford Auditorium in Detroit. In New York pan's great political personalities, Saburo nature of the ideological battle immediately they met Mr. Hagerty whom they had mobbed Chiba. He recently visited me in Europe. called these young men and women with at the Tokyo Airport. He saw their play. He said, "Moral Re-Armament taught my their play to their aid. Th~y came to Ger­ He was moved. He came to the stage after­ granddaughter to recognize right and wrong. many. They played in an the major cities wards. He said, "This is more than an It has given me the courage to live and and to units of the Armed Forces. apology.'' He recognized one young Jap­ speak the full truth before all men." It In France the leadership concerned with anese as one of the men who had been is his conviction that the leaders of the na­ rebuilding the moral fences of the nation in­ threatening him through the window of his tions must unite to restore the moral fences vited "The Tiger" to Paris. Among them car. The news of this astonishing sequel to around the world. were Robert Schuman; the president of the the story of last year's riots has swept across He was received by Chancellor Adenauer Senate Monnerville, General Bethouart and Ainerica by television. It has been seen by in Germany, by leaders in France and Rome. Gabriel Marcel. It was national news. A the m111ions in the Ph111ppines in the same Everywhere the response was the same. film producer said he had never seen a Paris medium and in Japan. Having seen the power of the play in his audience so gripped. Police chiefs throughout the world are own Japanese, he understood the work of It was Robert Schuman who said to me welcoming this message. In Washington the St. Francis, for St. Francis built the moral at the Japanese Peace Treaty Conference in police arranged a special showing for their fences in the church when he produced a San Francisco, "You made peace with Japan men including the White House Police. play before the door of the Cathedral in 2 years before we signed it." Deputy Commissioner James J. O'Brien, of Florence that healed the rift between the As the moral fences are repaired the New York, who welcomed the Japanese at m ayor and the church. Carnegie Hall, was also responsible for show­ answer is being brought to the antifeelings ALTERNATIVE TO PEKING AND MOSCOW about other nations which are so prevalent ing an MRA film and giving the news of the today. It was in Paris at Mont Valerien, advance of MRA to police chiefs of the world From Rome Mr. Chiba went to Rangoon. the World War II shrine to the French meeting at their annual convention in New There on the front page of The Nation was resistance, that Madame Anthonioz, the York. They admitted this was the one headlined his conviction: "Moral Re-Arma­ niece of President de Gaulle, and Madame thing which had the fundamental answer ment, the Answer to Communism." He told Ely, welcomed for the first time since the for the acute problems they face. of the determination of himself and his col­ war representatives of the German nation. The military men of the world too are leagues to build an Asian Center for Moral They were a group of mineworkers who responding. One of the senior generals in Re-Armament in Japan, an alternative to through Moral Re-Armament had found the Ainerica received these young Japanese. He Peking and Moscow, for the leaders of these answer to the ideological infiltration of their said to them, "Both President Eisenhower nations. Prime Minister Kishi and Mr. nation. They said at that time, "We do not and I were puzzled why after we had done Chiba are building the fences again in Japan ask you to forget. We do ask you to forgive so much economically for Japan there was with some success. and unite with us to remake the world." such resistance to Ainerica and to the visit One of Mr. Chiba's colleagues in Burma is U Narada, secretary of the Presiding Ab­ RESTORED TO THE CHURCH of the President. Now I understand. You men have a spirit money cannot buy. It bots Association, who has distributed the In sharp contrast with the form of pressure :1Xlust be built into every nation." Moral Re-Armament pictorials with the aid being exerted on their neighbors by nations of _his 80,00_0 monks through the length and which have deliberately rejected moral ONE HUNDRED PERCENT FOR YOU breadth of the land. More recently they standards is the work of another French­ General Eisenhower when he received the had "The Crowning Experience" shown of­ man. For 45 years he was a Marxist, a sea­ Japanese Zengakuren student leaders in ficially at the fifth all-Burma Assembly of man, Victor Laure, one of the favorite pupils Palm Springs last week said, "I am for you the Presiding Abbots Association in Manda­ of Marcel Cachin. He and his wife, Irene 100 percent. I cannot tell you how happy lay. He said, "Our work is to make Moral Laure, who was secretary general of the 3 I am to have you come and tell me of the Re-Armament the policy of our nation." 5404 CONGRESSIONAL RECORD - HOUSE March 3Q U Narada had just returned from meeting accept this ideology. We will all be broth­ ancestor, Adm. Lord .Cochrane, known as with leaders of Kerala in South India. These ers." When told of the reception given by Cochrane the Liberator, is a household word men are now taking the answer they have Grand Chief Mwami Mwata-Tamvo, his face. throughout Latin America. worked out in Kerala to Bengal which lit up. He said, "He is my father-in-law. I Men will-be coming to Miami from Peru, threatens to become the Yenan of India. As was born there." Leaders of Katanga said, Argentina, Uruguay, P.araguay, Chile, Bra­ a result of their change, the Kerala Janatha ~'When some people come to us, we fl.re off zil. Brazilian dockers' leaders will be in reported recently that of 612 members in guns and make a lot of noise. But they Miami. Former Communist leaders who six branches within an area covered by one leave nothing behind. Your coming has through MRA have changed and are giving Communist-controlled village council, there created a peaceful revolution." an answer to their countries-political, in­ are now only 74 left on the rolls. The An official in the Swiss Red Cross unit in dustrial, and labor leaders from America will former secretary of the Kallara branch of the Congo said on his return to his country, be there. Rajmohan Gandhi, grandson of the Communist Party describes the party as "Moral Re-Armament are doing the only the Mahatma, will be coming, and Peter "struggling for breath" and is quoted as say­ thing that is really effective in the Congo." Howard, journalist and playwright from "MRA ing, has shattered the CommuniEt ALLTIME RECORD Europe. Party's centers of exploitation." This man These men with delegates from many had been a full-time Communist worker for In Lucerne, in the Catholic heart of parts of the world are going to study and 13 years. Through MRA he says, "At last I Switzerland, showings of "The Crowning train in Miami. have begun to understand the meaning of Experience" have broken all records. The An American admiral, who went three right and wrong. God is t elling me to put H;ollywood Reporter carried the headline, .times to similar assemblies for training in right what is wrong in my past in order _to "Half Population Attends MRA Film." The MRA and whose wife went for a fourth time, see things clearly in the future." These men story says, "In Lucerne, Switzerland, this was asked by his strategy board in Washing­ are determined to reEtore moral fences in city has 70,000 inhabitants, and during a ton to tell them what was going on at India for they know when moral fences period of low cinema business due to con­ these assemblies. He replied, "I learned come down enemies of freedom come in. tinually fine weather, the MRA feature what an ideology means-to start doing 'The Crowning Experience,' starring Muriel BULWARK IN THE CONGO what we should have been doing all along Smith and Ann Buckles, has chalked up its and to do it all day every day for the rest Take the Congo. For nearly a year the 35,000th customer with a 32-day run. This of our lives." force of MRA has been building up fences is an all-time attendance record for a film in that strife-torn land. Among them are of non-Swiss origin." former Mau Mau leaders from Kenya, work­ News of the response in Catholic Switzer­ ing with white settlers; black and white land has been translated into Latin Ameri­ FREE COMPETITIVE ENTERPRISE South Africans; three young Americans, who can tongues. Translated into Spanish and AND THE AMERICAN TELEPHONE gave up Hollywood contracts to use their printed on miniature sized pages, it was genius in song to bring an answer to nations. dropped from the air on Cuba by the largest & TELEGRAPH CO. Through months of violence and chaos they Cuban newspaper now published in Miami. Mr. PUCINSKI. Mr. Speaker, I ask sang their songs in Swahili, Chiluba, Lingala, Japanese students are planning to take and French on the-national radio. Twice a their play ""'he Tiger," with its answer to unanimous consent that the gentleman day at the most popular morning and eve­ subversion and communism, to the South from California [Mr. HOLIFIELD] may ex­ ning hour of broadcasting, their message American Republics. There is need for an tend his remarks at this point in the went out to millions. They met with thou­ intelligent and unified thrust forward ln RECORD and include extraneous matter. sands of Congolese and U .N. forces in the these countries where economic aid is neces­ The SPEAKER pro tempore. Is there Congo, and records of their songs are popular sary but cannot succeed unless it is backed with a moral ideology that changes men. objection to the request of the gentleman everywhere. from Illinois? With their friends they gave training in Miami, is the throttle which affects the MRA night after night to troops and their speed of the movement between the South There was no objection. officers. The American Ambassador intro­ American Republics and the rest of the world Mr. HOLIFIELD. Mr. Speaker, ducing these Colwell brothers to a diplomat today. At Miami from April 14 to April 24 America has grown to greatness under visiting the Congo, told him, "These men will be held an assembly for the Americas. the free competitive enterprise system. have been a. bulwark in the frontline of the In the invitation they say, "We need po­ litical and economic measures, but above It is this economic system which we battle here. They stuck in there with their offer as the free world's alternative to radio broadcasts even after the Communists all we must create the new type of man." had taken over." The dockers of Brazil wrote and produced state control and monopolies of the Com­ The MRA force was invited by the head a film describing how they had ended gang -munist and Fascist states of the world. Sisters, St. Augustine order, Leopoldville, to warfare, pilfering and interunion rivalry, to Yet we permit the American Tele­ the cathedral ceremony where new Congolese -make their port once again prosperous and phone & Telegraph Co. and the Bell nuns were to take their vows. Dr. Close, peaceful. When Mr. Kishi, as Prime Minister System companies to operate as monop­ formerly surgical resident at Roosevelt Hos­ of Japan, arrived at the port of Rio, he was met by waterfront workers changed through olies under state control. Monopolies pital in New York, had been the only white are allowed in the publicly regulated surgeon to remain on duty when the crisis MRA. One of them, who had worked for 30 was at its height and was responsible for a years as a militant dockers' leader, took off areas of our economy to best serve the his trade union pin and gave it to Mr. Kishi public interest. However; in the opera­ hospital of 1,200 beds. He earned the grati­ in thanks for help given by the Japanese tude of the nation by his services. When tion of such monopolies many times the dockers whom they met at MRA assemblies. public interest is not protected let alone he and his MRA friends arrived at the cathe­ Mr. Kishi proudly wore that trade union pin dral, they were met and escorted to seats of best served. when he returned to Japan. honor among the parents of the new nuns. The American Telephone & Tele­ They were the only white people there ex­ A VERITABLE REVOLUTION graph Co. and the Bell System com­ cept for the clergy and European nuns among A French Ambassador to Brazil says, "I panies are the major operators of tele­ a congregation of 2,000. have met these men. Every word is true. The MRA force was invited to Katanga. When I arrived in Brazil gang warfare was phonic communications in the United There the Mwami Mwata-Tamvo, grand chief rife in the docks. Black and white were set­ States. All oversea voice communica­ of the Lunda and greatest tribal ruler in tling their differences with knives. Police tions are provided by the American Tele:.. Katanga, received them. The king's drum­ did not dare enter some sections of the dock­ phone & Telegraph Co. At present it i's mers sounded a beat heard for 15 kilometers ers' quarters. One day I heard that a veri­ seeking worldwide monopoly in using around to summon the elders and people table revolution was under way among the communications satellites to provide to the palace. The king, wearing his beaded dockers and was changing the spirit of the _commercial telephone, television, data, robes, was carried in his ceremonial chair to port. This story is not fiction. It is a hu­ and global communications. the assembly of the people. Seated with the man tapestry woven in the lives of men who king were elders, also in beaded headdresses, have found a new wisdom. They are con­ The American Telephone & Telegraph and the royal princesses. vinced their experience has a message for Co. now is pushing vigorously for this Traditional spearmen and modern soldiers all nations." preferred position. The company knows stood on guard. The king said, "I am grate­ These films of MRA are going from Catholic that by obtaining the aid of the Fed­ ful for what you have brought us. You have center to Catholic center in Latin America at eral Space Agency and the consent of taught us many new things. Stay with us the invitation of Catholic priests. They are the Federal Communications Commis­ a long time." welcomed for the new life they bring and -sion in orbiting a communications satel- The MRA force went to President Tshombe the radiant hope that things can be different. lite, it could exclude all potential com­ with the conviction, "A President who sets Adm. Sir Edward Cochrane will be at the a new standard of discipline and a new pat­ Miami assembly. He was one of the great . petitors from being able to operate. tern of living wlll build an incorruptible commodores of convoys in World War II, and _Furthermore, if successful in this . ven­ nation." The Colwells sang him a song writ­ was decorated for his courage. He knows ture it would add fuel to the fire that ten in his own language. President Tshombe the leaders of South America and has been the U.S. worldwide communication sat­ told them, "Everywhere you go people wiil traveling for years in those countries. His ellite program is devised to enriah the 1961 CONGRESSIONAL RECORD - HOUSE 5405 private communications interests rather House Resolutior: 8, 74th Congress. royalty basis together with technical than to benefit the people of the world. It culminated in 1939 in an FCC re­ assistance and know-how to use such I believe it is time to take stock of por~House Document No. 340, 76th patents. what is going on. The Congress should Congress-to Congress that found ex­ THE HEART OF THE COMPLAINT decide whether there will be competi­ tensive antitrust violations and recom­ tion in satellite communication systems mended urgent action. The core of the complaint was that which will affect the entire world or World War II intervened before action A.T. & T. and Western Electric had de­ could be taken. stroyed competition in the manufacture shall the American Telephone & Tele­ and produciton of telephones, telephone graph Co. be granted also this monop­ Finally, in 1949 the Department of Justice filed an antitrust complaint equipment, and apparatus; that Western oly allegedly under Government regu­ Electric is an illegal monopoly. It lation or control. In any event, it is against A.T. & T., Bell Laboratories, and Western Electric, basing its action on pointed out that the operations of necessary that the public interest be A.T. & T. manufacturing subsidiary, best served. At present it is becoming the facts brought out in the original FCC report. Western Electric, are not subject to more obvious that the public interest public· utility regulations and hence has not been protected and that the THE COMPLAINT should be in the sphere of our free com­ American Telephone & Telegraph Co. The complaint filed January 14, 1949, petitive enterprise system. On the other has been able to lull the responsible su­ charged that A.T. & T. and its wholly hand, the operations of A.T. & T. and pervisory governmental agencies to a owned subsidiary, the Western Electric its operating companies, are subject to point so the American Telephone & Tel­ Co. were conspiring to monopolize the public utility regulation. The purpose egraph Co., in most instances, may do manufacture, distribution, anti sale of of this complaint was to do away with what it pleases. telephones, telephone apparatus, equip­ Western Electric's operation of a prima INTRODUCTION ment, materials and supplies. facie illegal monopoly under the protec­ Without going to trial, the Depart­ A.T. & T. was charged with refusing tion of the natural monopoly enjoyed by ment of Justice entered into a consent to purchase from manufacturers other A.T. & T. and its operating companies decree judgment with American Tele­ than Western Electric, even though the as a public utility. equipment manufactured by such manu­ phone & Telegraph Co. on January 24, STATUS OF CHARGES MADE IN THE COMPLAINT 1956. This occurred approximately a facturers was superior in operating econ­ IMMEDIATELY PRIOR TO THE CONSENT DECREE half century after the first complaints omy, service, and initial cost. The complaint charged that A.T. & T. Former Assistant Attorney General were received and some 20 years after Barnes, in charge of the Antitrust Di.; the first congressional steps were taken owns and operates more than 98 percent of the facilities used in the rendition of vision at the time of the consent decree, to force action, and 17 years-the life of testified on March 29, 1956, before Sub­ a patent-after the publication of the long-distance telephone service in the United States. It owned and controlled committee No. 5 of the House Select report of the Federal Communications Committee on Small Business, chaired Commission to the Congress in 1939. operating companies furnishing approxi­ by Mr. ROOSEVELT, that the charges re­ This consent decree accomplishes lit­ mately 85 percent of all local telephone ferred in the complaint were still true tle, if anything, in the public interest. service in the United States; and re­ as of the date of negotiating the con­ The heart of the complaint was that quired these operating companies and sent decree except as to the exclusive American Telephone & Telegraph and the Long Lines Department to buy sub­ stantially all of their telephone equip­ dealing allegation between Western Western Electric Co. were conspiring to Electric and A.T. & T. The allegations monopolize the manufacture, distribu­ ment from Western Electric. In turn, admitted to be true by Judge Barnes tion, and sale of telephones, telephone Western Electric manufactures and sells suffice to prove prima facie that West­ apparatus, equipment, materials, and more than 90 percent of all telephones, ern Electric is a monopoly of formidable supplies and did have a monopoly in telephone apparatus and equipment sold proportions and as such is illegal under these areas. The remedy sought was in the United States. It alleged that the antitrust laws of the United States. the separation of Western Electric from the absence of effective competition re­ THE CONSENT DECREE JUDGMENT American Telephone & Telegraph and sulted in higher prices for telephone the division of Western Electric into equipment, and higher subscriber rates. ABANDONMENT OF PURPOSE three separate entities. None of these It noted that the two concerns control However, Judge Barnes stated before goals was achieved. both plant investments and operating the House subcommittee that the orig­ What was hailed, as of January 24, expenses. inal purJ;>ose to separate Western Elec­ 1956, as an achievement by the Depart­ · The complaint further charged, as tric from A.T. & T. had to be abandoned ment of Justice were the provisions in part of the conspiracy to monopolize the for the belief that the court would not the consent decree affecting some 8,600 telephone industry, that A.T. & T. and go along. No further explanation was Bell System patents. Yet these state­ Western Electric bought up or elimi­ possible according to Judge Barnes­ ments were obviously made without the nated competitive manufacturers of tele­ why? No further explanation was pre­ realization of the dire consequences due phones, telephone apparatus, and equip­ esented to the Monopoly Subcommittee to the pitfalls of the patent grant back ment and that A.T. & T. gives Western of . the House Judiciary Committee, provision. Electric the exclusive right to purchase chaired by Representative CELLER, even BACKGROUND and sell all surplus and scrap equipment though it was sought. In the 1920's and early 1930's many of A.T. & T. and the Bell System Yet in the Pullman Co. decree cita­ complaints were registered with the companies. tion, the court did order the separation Congress concerning the operation and REMEDIES SOUGHT of Pullman's unregulated monopoly in regulation of American Telephone & Tel­ The complaint sought the separation the manufacture and sale of sleeping egraph Co.-hereinafter called A.T. & T. of Western Electric from its parent by cars from the Pullman Co.'s govern­ With the advent of Franklin Delano directing A.T. & T. to dispose· of its stock mental agency regulated sleeping car Roosevelt and the Democratic Congress, ownership in Western Electric. It operational service. That, as here, an the Administration and Congress moved sought to dissolve Western Electric into unregulated monopoly hid behind the into action. This led to the passage of three competing manufacturing com­ protection of a Government regulated the Communications Act of 1934 under panies, and to require Western Electric monopoly but came far short of con­ which the Federal Communications to dispose of their 50-percent stock trolling 90 percent of the market. Commission-FCC-was established to ownership in Bell Telephone Labora- THE CONSENT DECREE VERSUS THE COMPLAINT'S extend communications regulations to . tories to A.T. & T., fostering conditions PRAYER FOR RELIEF telephone and telegraph services and to under which A.T. & T. and its operating As a result of the provisions of the centralize all such regulations in one subsidiaries would thereby buy telephone consent decree, Western Electric is still Government body. equipment only under competitive bid­ a wholly owned subsidiary of A.T. & T. Shortly thereafter in 1935, the FCC ding. In addition, the complaint sought Its manufacturing monopoly is un- proceeded with an investigation of A.T. to compel the two defendant companies broken. It still has a 50-percent stock & T. and the Bell System companies. to license their patents to all applicants ownership in Bell Telephone Labora­ This investigation was authorized by on a nondiscriminatory and reasonable tories. CVII---342 5406 CONGRESSIONAL-RECORD - HOUSE March 30 Nothing in - the decree requires vices, telephone answering devices, radio with such accounting principles as may A.T. & transmission and receiving, dataphone­ be generally accepted and that afford a T. and its operating subsidiaries valid basis, taking into account the magni­ to buy telephone equipment under com­ inventory data-photowire service, wir­ tude and complexity of the manufacturing petitive bidding. It can refuse to pur­ ing cable, electronic companents, tran­ operations involved, for ~etermlning the chase from any manufacturers other sistors, tubes, batteries, telephones, and cost to Western of equipment sold to A.T. & than Western Electric, even though electrical equipment are all within their T. and Bell· operating companies for use in equipment manufactured by such manu­ bailiwick. Digital computers and re­ common carrier communications services. facturers is superior in operating econ­ cording devices, since they may be at­ The language is broad, vague, ambiguous, omy, service, and initial cost. However, tached to the telephone system and and meaningless and is doubtful if a Western Electric is required by the de­ the service rendered, rightly fall within court would hold Western Electric in cree to manufacture for A.T. & T. and the term "common carrier communica­ tions services." Furthermore, Western contempt for an alleged violation of this the operating companies. section. · The decree allows A.T. & T. and West­ Electric may engage in any business as a prime contractor, subcontractor, or No basic cost accounting method is ern Electric to buy up or otherwise legal­ set out that ·could be effective in deter­ ly eliminate competing manufacturers of consultant if for a governmental instrumentality. mining the cost of the equipment man­ telephones, telephone apparatus, · and ufactured by Western Electric. Further­ supplies. Western Electric is specifically DEPARTMENT OF JUSTICE'S ATTEMPTS TO JUS• more, Western Electric's cost accounting given the exclusive right to purchase and TIFY THE CONSENT DECREE REGULATION BY methods have not provided an authentic sell all surplus and scrap equipment of THE FEDERAL COMMUNICATIONS COMMISSION basis for determining the reasonableness the Bell System companies-a formi­ One of the major points made by the of charged prices and it is still impossi­ dable monopoly in itself. Department of Justice in attempting to ble to secure a competitive price as to Nor has the economic position of justify this consent decree is that Western Electric manufactured equip­ A.T. & T. been altered. It still owns and A.T. & T. is now confined to regulated ment for Western Electric has 90 per­ operates more than 98 percent of the fa­ areas, thus enabling more effective regu­ cent of the market while other telephone cilities used in the rendition of long-dis­ lation. manufacturers divide up the remaining tance telephone service in the United Monopolies are allowed in the publicly 10 percent. When queried by the House States. It owns and controls operating regulated areas of our economy in order subcommittee as to what changes this companies furnishing about 85 percent that the public interest may be best language would make in Western Elec­ of all local telephone service in the served. The regulatory agency has the tric's accounting methods, Judge Barnes United States. It may require their op­ duty of maintaining closed supervision stated "We do not necessarily know that erating companies and their long lines over the utility to protect the public in­ it will make any." Thus, it is not seen department to buy substantially all of terest. A.T. & T. and the Bell System how this language creates any significant their telephones from western Electric operating companies are carriers pro­ change from the conclusion reached in which manufactures and sells 90 per­ viding communications and their inter­ the 1939 Federal Communications Com­ cent of all telephones, telephone ap­ ·state operations are subject to regula­ mission's Telephone Report. paratus, and equipment sold in the tion by the Federal Communication Furthermore, the absence of effective United States. This operation is cer­ Commission under the Communications control on any particular area of an over­ tainly not free, competitive enterprise. Act of 1934. all operation can tend to defeat regula­ What then does the consent decree do When the Department of Justice tory efforts in another area. For ex­ to restore competition in the manufac­ stated that A.T. & T. is now confined to ample, A.T. & T. could order their ture, distribution, and sale of telephones, regulated areas, thus enabling effective manufacturing subsidiary, Western telephone apparatus, equipment, mate­ regulation, it may well mean effective Electric, to adopt policies and prices rials, and supplies and break up the regulations by A.T. & T. for the bene­ which would make their alleged reason­ monopoly charged in the original com­ fit of A.T. & T., the Bell System com­ able service rates actually unreason~ble. plaint filed in 1949? panies, and Western Electric. However, Therefore it is absolutely essential that POSITIVE STEPS UNDER THE DECREE it is certain that any such action does the Federal Communications Commis­ A.T. & T. and the operating companies not promote free competitive enterprise. sion determine, in all instances, whether are enjoined from engaging in any busi­ As to how the public interest is or is service rates are actually reasonable­ ness other than the furnishing of com­ not being served and how close super­ which the agency has not done. mon carrier communications services. vision is or is not being maintained DEPARTMENT OF JUSTICE'S ATTEMPT TO JUSTIFY Western Electric is required to manufac­ over the utility to protect the public in­ THE CONSENT DECREE BASED ON THE PATENT ture and is limited to manufacturing terest, I plan to discuss at a later point SECTIONS OF THE JUDGMENT for A.T. & T. and the operating com­ in this paper. PATENTS-THE HEART OF THE COMPLAINT? panies. It was compelled to sell Wes­ THE DEPARTMENT OF JUSTICE'S ATl'EMPT TO JUS• Assistant Attorney General, Judge trex, a minor subsidiary, which makes TIFY THE CONSENT DECREE ON THE EFFECT Stanley Barnes, stated after the decree sound recording equipment for the movie OF THE LANGUAGE OF SECTION IX OF THE JUDGMENT was entered into, "finally, at the heart of industry. However, it may engage in any the complaint was the charge that the business or function when acting for the The 1939 Report of the Federal Com­ munications Commission to Congress on Bell System's strong patent system had U.S. Government or any agency thereof. been used to protect Bell from competi­ The net effect of these provisions of Investgiation of the Telephone Indus­ tion by alternative methods of communi­ the consent decree is to remove Western try-pursuant to Public Resolution 8, cation, and to divide markets with con­ Electric, and Bell Telephone Labora­ 74th Congress-pointed out Western cerns engaged in telephone, as well as tories with their research and manufac­ Electric's lack of a basic cost account­ noncommunication fields." The Depart­ turing capacity from that area of the ing system and that it was impossible ment of Justice press release dated commercial market place, for example, to secure "significant competitive prices upon equipment included in the rate January 14, 1949, announcing the filing electrical equipment, where they did not of the A.T. & T. complaint, makes no ref­ have a monopoly and where they were basis underlying 90 percent of the tele­ erence to this as being the heart of the either a potential competitor or an actual phone business in the United States." complaint, and it is not evident from the competitor. This made General Electric, The Department of Justice claims that actual filed complaint. Furthermore, it Westinghouse, and RCA-Radio Cor­ the effect of the language of section IX appears from the 1939 Federal Com­ poration of America--more secure in . of the judgment will develop an effective munications Commission Report and their commercial markets. basic cost accounting method of deter­ T.N.E.C. Monograph No. 31, that Judge Although Western Electric is confined mining the reasonableness of the costs Barnes' statement was correct prior to to the manufacturing activities it en­ and prices of telephone apparatus, equip­ 1907 but not thereafter. The following gages in for A.T. & T. and the operating ment, and supplies, where the manufac­ quote is from Monograph No. 31: turer or supplier and the operating com­ companies which are restricted to com­ In 1907 the Bell System fell under the mon carrier communications services, pany are under common ownership. The dominance of the investment bankers. A there is left both remarkable variety and language is: change in strategy attended the coming to scope to its operations. Digital com­ Western ls ordered and directed to main­ power of the Houses of Banker and Morgan. puters, teletypewriters, recording de- tain cost accounting methods that conform Capital passed in the strategic place form- 1961 CONGRESSIONAL RECORD - HOUSE 5407 erly occupied by technology.and the arts and Furthermore, -a substantial number of tempts to provide an incentive to invent wiles of high finance were called in play. In the 8,600 royalty-free patents involved by assurance of possible economic return instances it was cheaper to buy out the in­ through the marketing of the invention. dependents that to fight them; in others, it in the consent decree have expired. Pat­ was more feasible to deny access to funds ents issued subsequent to the date the The only measure of an invention's fi­ than to press the infringement suit. Finance consent decree judgments are to be li­ nancial worth is what can be- obtained suggested an easier, less expensive, far surer censed at reasonable royalty 1·ates. from marketing the invention. With way to abate a nuisance. The blow was de­ The decree accomplishes very little A.T. & T.'s and Western Electric means livered from under cover and was not sub­ in requiring the licensing of the patents to control the market and their access ject to judicial review. involved, as it only makes the previous to the inventions of patent licensees There is nothing in the referred to Western Electric-Bell System compa­ under this decree, the financial worth to materials to disclose a return to the nies-patent-licensing policies manda­ the patent licensee of his own inven­ prior-to-1907 strategy as indicated by tory. tions becomes highly speculative. The Judge Barnes. For this negligible concession what resultant effect of the patent licensing Judge Barnes has further asserted do A.T. & T. and Western Electric re­ provisions under this consent decree "and, via extraordinary patent relief the ceive in return? could create loss of economic incentive decree seeks to. promote competition in PATENT RELIEJi' FOR A.T. & 'J;'., WESTERN ELECTRIC to invent, produce, and market new and the nonregulated areas, as well as in the AND BELL LABORATORIES improved products or processes through production of telephone components in A.T. & T. and Western Electric are re­ research and development, for a captive the regulated sector". This suit brought quired under the terms of this consent technology offers little or no chance to to restore competition in the manufac­ decree to grant a patent license to all invent except to those already in control, ture and sale of telephonic equipment. applicants but only if the applicants or or to others on such terms as those in Yet, all the conceivable patent relief can­ their associated companies shall grant ·control dictate. not restore competition as long as West­ a license subject to reasonable royalty POSSIBLE DESTRUCTION OF A COMPETITIVE ern Electric is left with 90 percent of to A.T. & T. and Western Electric under FACTOR market control and as long as A.T. & T. any or all of the applicants' existing or The patent monopoly-exclusive right and the Bell System companies will pur­ future patents. Therefore, if one takes . for 17 years to exclude others from using chase its equipment only from Western a license under the provisions of this the invention-is one of the very few Electric. consent decree he has to open up his own possible protections that the small in­ PATENT RELIEF IN THE ELECTRONIC FIELD research and development on new and ventor, small, middle, and even large The Antitrust Division of the Depart­ improved products and processes which businesses have in the market areas ment of Justice has also attempted to become patented to A.T. & T. and West­ where they attempt to compete with justify the decree by stating that a meas­ ern Electric. This grant back allows A.T. & T. and Western Electric. ure of patent relief has been granted in the giant colossus-A.T. & T.-if it so The inventor and the corporation, in the electronic field. desires to rape any patent licensee of competition with Western Electric, need their research and development efforts every possible advantage, for no one can PATENT RELIEF, ILLUSORY OR IMAGINARY for A.T. & T. and Western Electric cer­ rival A.T. & T. and Western Electric in Prior to the filing of the complaint in tainly have the facilities and the neces­ having or obtaining capital, credit, 1949, A.T. & T. published a patent licens­ sary legal monopolies to execute the manufacturing facilities, research and ing policy which would license anyone marketing of any new or improved prod­ development laboratories, regulated for any purpose at a reasonable royalty uct or process in the marketplace, even monopoly operations, monopoly pro­ rate. This patent license included the to the exclusion of the inventor. This tected operations, ability of being furnishing of know-how and technical is especially true in the common carrier favored as Government contractor, information that went with the patent. communications equipment market and guaranteed income returns without a Dr. Vannevar Bush, a director of the markets secured by the award of determination of the reasonableness of A.T. & T., has stated that A.T. & T.'s enormous Government contracts. the rates, and the added market pro­ . transistors patents were licensed at a Despite the provision in the consent tection granted to A.T. & T. by the Fed­ reasonable royalty rate, based as a rea­ decree providing for one license for all eral Communications Commission and sonable fee for know-how and a pro­ the Government departments and agen­ public utility commissions by tariff regu­ portional development cost of the inven­ cies the Civil Division of the Department lation. Other devices used by A.T. & T. tion. . of Justice, acting for all the various gov­ are the application of sanctions against The consent decree requires royalty­ ernmental agencies, negotiated a patent competitors who seek to add attaching free licensing to all applicants on the licensing agreement with Western Elec­ devices to the common can·ier system, then 8,600 existing patents of A.T. & T. tric outside the provisions of the con­ agreements with giant potential com­ and Western Electric. However, this li­ sent decree to avoid the pitfalls of the petitors not to infringe each other's cense does not provide the licensee with grant back provision. market area, volume production through technical information and know-how. The consent decree could not abolish mass manufacturing means with a vol­ If a royalty-free patent licensee desires the American patent system. However, ume guaranteed market creates an item know-how and technical information the it does attempt to destroy the intent and price sufficient to drive competitors out decree requires him to pay Western Elec­ purpose of the antitrust laws, the patent of the remaining market, ability of in­ tric a reasonable amount for the know­ laws and system by the patent licensing vestment banking houses interested in how and technical information. Under provisions of this consent decree. For A.T. & T. to choke off capital or credit the decree, the reasonable amount per­ when an inventor or a corporation takes to competitors, package tie-in tariffs, un­ mitted shall reimburse A.T. & T. for the a patent license from Western Electric fair trade practices such as poor service cost of gathering and reproducing the with the resultant grant back license, to competitors with allowable attach­ technical information, a reasonable allo­ the effect as between the licensee and ment devices and many others. cable proportion of the development ex­ Western Electric is to destroy the pro­ The Bell System companies do not pense of the class of equipment for which tection· the patent law provides in the need the patent monopoly to aid them information is being furnished, and re­ marketplace. in obtaining market control and they lated development and engineering ex­ The effect of this grant back provision have long held tho view "if the Ameri­ pense accounts of Western Electric. raises the important query whether the can patent system were abolished the The Department of Justice has ad­ management of the companies, having next day, it would not mal{e one iota mitted that the charge for know-how taken a patent license under the provi­ of difference to the Bell System." 1 This and technical information allowed under sions of this consent decree, can afford would remove an essential marketplace the consent decree could be as much as to authorize expenditures of millions of asset and protection of the smaller com - the former royalty. It is conceivable dollars in the development of new prod­ petitor and leave the competitor even that the reasonable amount charged for ucts and processes that will be appro­ more at the mercy of A.T. & T. and know-how and technical information un­ priated the moment they are placed on Western Electric. der the decree even exceeds the former the market. The American patent law, reasonable patent royalty charge which by its grant to the inventor to exclude 1 Statement of Dr. Frank Jewett, head of included this assistance. others from using the invention, at- Bell Laboratories before T.N.E.C. 5408 'CONGRESSIONAL RECORD - HOUSE March 30 THE EFFECT OF A CONSENT DECREE e_quipment be connected to the telephone nel telephone, .voice, and telegraph wire , "Though consent judgments bind ·both circuit by the telephone company and service. The Government owns some parties and estop future -de, novo pro­ by means of apparatus furnished . and of the equipment but private lines make ceedings involving matters covered, their installed by the telephone company. up about 75 percent of the system. provisions ofttimes receive only cursory UPon successful Federal Communica­ The Government has contracted for long judicial·scrutiny.'' tions Commission hearings and appeals terms-10 years-to pay the telephone 'l'o· quote Judge Barnes: by other manufacturers to incorporate operating companies the published util­ A consent decree once entered embodies their manufactured equipment, -such as ity rate based on 10-year amortization the force of a litigated . judgment. • • • To recording devices, telephone answering basis for operating the system. The effectuate • • • the basic purpose of the devices as allowable under the tariff, Government also pays a service fee for orJ.ginal consent decree-courts may approve . the telephone company then provided the use of those lines. Yet· the Federal modifications after entry. But if the par.ty competing equipment. Tbe average pe­ Communications Commission had never opposing modi~cation can show "actual dis­ riod of time necessary successfully_ to determined if the tariff rates charged the adv~ntage" or "the persistence of an in: achieve inclusions through the Federal Government f o:rc use of the private line equality" stemming fr·om change, the terms Communications Commissiop's proce­ services are reasonable. Finally,_ the of the ·original" decree_ must stand "intact. . dures within such a tariff is approxi­ General . Services · Administration, ·· on· . .Thus the terms of a. consent decree mately 8 years. · This period plus that · ·February 7, 1958, interven~d on• behalf · · does bind the Government and remains prior to the bringing of action accounts of the executive agencies of the Govern­ intact as to the matters covered unless for the greater portion of the life of a ment in the docket relating to special the other parties to the decree agree to patented invention. construction tariffs-multichannel tele- · the modification. -In allegedly attempt­ Usually service rates are determined phone arid telegraph ser·vice-and peti­ ing to protect the f1:ee competitive en­ by the local tariffs which are rubber­ tioned. the Federal Communications terprise system, the Justice Department, stamped by the local public utility agen­ Commission to place an immediate rate acting for the Government, has legalized cies. Thus, as a result, service and serv­ reduction of 25 percent into effect on Western as a monopoly by this consent ice rates are provided and determined by the basis the rate was unreasonable. decree judgment. The result reached the telephone company practically at its A.T. & T. opposed this petition. General in the consent decree is certainly con­ discretion. When installing equipment Services Administration filed .another trary to the intent and purpose of the manufactured by companies other than petition for expeditious handling on antitrust and patent statutes. Western Electric, the telephone operating April 30, 1958, which A.T. & T. also op­ Again I ask what has happened to our company may, by its operating discre­ posed. The Federal Communications free competitive enterprise? Do our tion, have unfair competitive advantages. Commission had its staff examine the corporations and Government actually Furthermore, the telephone compa­ submitted and automatically adopted believe in this system or do they merely, nies have consistently contended that tariffs. Its determination was that the with tongue-in-cheek, shout they believe the Federal Communications Commis­ service rate charged the Government was in this ideal to further fool the public? sion does not have jurisdiction to allow unreasonable and it ordered a reduction OPERATION UNDER REGULATION attachments on telephone equipment. of 15 percent into effect. Where a customer makes use of a de­ Through the tariff regulations the The Federal Communications Com­ vice not authorized in the tariff, he is telephone operating companies may set mission must sanction all the tariffs informed by the Bell System companies their own rates and operating regula­ prepared and file_µ by the operating com­ that he will have his service discontin­ tions without hardly being subject to re- panies. The tariff then becomes a regu­ ued. The telephone companies contend view by the regulatory agency. · lation. the application of sanctions is a matter Monopolies are allowed in the publicly Among such tariff regulations on file resting solely with them. The Federal regulated areas of our economy so the with the Federal Communications Com­ Communications Commission allows public interest may be best served. The mission are those affecting interstate them this discretion. Federal Communications Commission and foreign message toll telephones and By the operation of the tariff regula­ has the duty of maintaining close super­ rates. They contain clauses barring the tions, A.T. & T.-Bell System com­ vision over A.T. & T. to protect the pub­ use of all devices not specifically author­ panies-may secure its own position and lic interest. The Federal Communica­ ized in the tariffs. They contain clauses that of its manufacturing subsidiary, tions Commission should carry out this referred to as the "foreign attachment" Western Electric, by using only devices mandatory duty and should determine provisions and have been incorporated furnished by the manufacturing com­ whether the submitted tariffs are rea­ in the tariff schedules of telephone serv­ pany and specifically authorized in tele­ sonable. This is essential to the pro­ ice since 1913. phone operating company's tariff. The tection of the public interest and the In effect, they protect A.T. & T.­ operational result is that it is almost new administration should see to it that Bell System companies-from competi­ impossible for an independent, non­ the public's interest is protected. tion by alternative methods of common affiliated manufacturing company, either For its relatively successful action in carrier communications since the com­ to invent or to provide any device for appearing before regulatory agencies panies have a monopoly in their area of the common carrier system, let alone where the Government's interest as a operation and the tariff regulations "bar major components. the use of all devices, in connection with consumer is substantial, in accordance service, unless the devices are furnished OTHER EXAMPLES OF REGULATION with its statutory mandate the General by, or specifically authorized in the tar­ The Federal Communications Com­ Services Administration has been under iffs of the telephone company." mission has yet to determine the reason­ constant attack by A.T. & T., the cham­ As a result, customers may be required ableness of the service rates charged by ber of commerce, and others for saving to own, maintain, and install some of A.T. & T. for carrying television pro­ the Government and other consumers the facilities at locations where the tele­ grams, monochrome-black and white­ hundreds of millions of dollars. phone company's facilities are not avail­ and color. This service is presently a In summary then, I believe that the able. However, if the telephone company $50 million a year business and increas­ following points can be made: finally decides to provide facilities, the ing each year. This service has been First. The American Telephone & Tel~ customer is required to use the facilities provided for over the past 24 years with­ egraph Co., the Bell System, and the of the telephone company and not his out a determination of whether the tar­ Western Electric Co. have established own. In such instances, there is an ob­ iff rates are reasonable. monopoly operations in their fields of vious hardship on the customer in the The Federal Communications Com­ business. form of loss in investment and a much mission also has never determined the Second. The U.S. Department of Jus­ costlier rate. This is certainly not free reasonableness of tariff rates for over­ tice has failed in its antitrust prosecu­ competitive enterprise but monopoly sea telephone service, presently over tions to effectively control, prohibit, or operation in a manner freely within the $25 million a year business, and increas­ iSubstantially modify the monopolistic operating telephone company's discre­ ing with each year. procedures of this triumvirate. tion. Our integrated defense warning con­ Third. The U.S. Department of Jus­ Where the tariff permits customer trol system-SAGE semiautomatic tice has, through the provisions outlined owned equipment, it is required that the ground environment--is a multichan- in its consent decree .declarations, ac- 1961 CONGRESSIONAL RECORD - HOUSE 5409 tually legalized certain monopolistic Communist system of production, it must S. 164. An act for the relief of Cherie Helen practices ef the-Western Electric Co. be allowed to function· without crippling Bratton; to the Committee on the Judiciary. Fourth. The Federal Communications distortion. We will not be able to suc­ S. 177. An act for the relief of Hadji Ben­ levi; to the Committee on the Judiciary. Commission has failed miserably to pro­ cessfully compete with the Soviet system S. 217. An act for the relief of Alessandro tect the public interest during the many through operating a system that denies Gellhorn; to the Committee on the Judici­ years in which this monopolistic com­ the transmission of its benefits to the ary. bine has been developing. consumer. S. 225. An act for the relief of Dr. Chien Fifth. This great and important seg-­ I say we cannot deny to our people the Chen Chi; to the Committee on the Judi­ ment of our business and industrial advantages and improvements in the ciary. economy is no longer subject to real com­ pi·oductive and distributive processes of S. 262. An act for the relief of Constan­ tinos Georgiou Stavropoulos; to the Com- petition nor is it effectively controlled by a free society which operates under the mittee on the Judiciary. · the governmental supervisory and reg­ competitive principle and which is in­ S. 274. An act for the relief of Hajime ulatory board charged with the protec- evitably stifled when monopoly takes Asato; to the Committee on the Judiciary. tion of the public interest. · . over. S. 277. An act for the relief of Frica Barth; Sixth. Efforts are underway to further We are in a desperate cold war struggle to the Committee on the Judiciary. · expand their monopolistic advantages with the Soviets, not only for the minds, S. 285 ; An act for the relief of Alpo Fran­ by excluding competition in the up­ but for the markets of free and neutral silla Crane; to the Committee on the Judi­ ciary. coming area of space communication. nations. If we are to be crippled with S. 292. An a-0t for the relief -of Mah Jew A.T. & T. has made proposals to the Fed­ the deadweight of monopoly, managed Ngee (also known as Peter Jew Mah); to the eral Communications Commission and · prices, limited production, and unjusti­ Committee on the Judiciary. the National Space and Aeronautics fied profits we cannot win. We are S. 313. An a-0t for the relief of Ante Tonic Agency which, if approved, would give doomed to failure. (Tunic) , his wife, Elizabeth Tunic, and their them a worldwide monopoly in --voice It would be wise to return to the tradi­ two minor children, Ante Tunic, Jr., and communication through the use of space tional principles of competition before it Joseph Tunic; to the Committee on the satellites. The Federal Communications is too late. Judiciary. S. 330. An act for the relief of Harry N. Commission has never established the I hope to consider this overall prob­ Kouniakis; to the Committee on the Judi­ reasonableness of the service rates for lem from time to time and offer con­ ciary. oversea voice communications, but ap­ structive measures to alleviate some of s. 417. An act for the relief of Haruo T. parently accepted a schedule of rates the evils I have described. Hendricks; to the Committee on the Judi­ as suggested by A.T. & T. As the Fed­ ciary. eral Government would undoubtedly be S. 423. An act for the relief of Fotios Gia­ the best customer in this field, it would SPECIAL ORDERS GRANTED noutsos (Frank Giannos); to the Commit­ tee on the Judiciary. seem that the General Services Adminis­ By unanimous consent, permission to s. 438. An a-ct for the relief of Mrs. Maria tration, acting under its .statutory pow­ address the House, following the legisla­ Giovanna Hopkins; to the Committee on the ers, should have been a party to the tive program and any special orders Judiciary. establishment of any schedule of rates heretofore entered, was granted to: S. 444. An act for the relief of Ok Hi Shin in this new medium. The General Serv­ Mr. PucINSKI, for 15 minutes, today. and Tae Soo Chung; to the Committee on ices Administration has saved hundreds Mr. COAD, for 30 minutes, today. the Judiciary. of millions of dollars in acting for Gov­ Mr. VAN ZANDT, for 2 hours, on April S. 532. An act for the relief of Stanley ernment agencies in utility rate negotia­ Bulski (Zdzislaw Rekosz); to the Committee 13, 1961. on the Judiciary. tion. They have, in many instances, S. 533. An act for the relief of Irena Maria forced the Federal Communications EXTENSION OF RE;MARKS Koller; to the Committee on the J~diciary. Commission to determine the reason-· S. 545. An act for the relief of Mrs. Eliza­ ableness of utility rates on service of­ By unanimous consent, permission to beth Clifford; to the Committee on the Judi­ fered to Federal agency consumers. extend remarks in the CONGRESSIONAL ciary. This particular critical speech deals RECORD, or to revise and extend remarks, S. 546. An act for the relief of In Fil only with one segment of our business was granted to: Chung, In Ae Chung, In Sook Chung, and economy, It is only one example of Mr. CoHELAN and to include extraneous In Ja Chung; to the Committee on the Judi­ our retreat from the principle of com­ matter, notwithstanding the fact it ex­ ciary. S. 555. An act for the relief of Nicolaos A. petition in our so-called free enterprise ceeds two pages of the RECORD and is es­ Papadimitriou; to the Committee on the system. Other great segments of busi­ timated by the Public Printer to cost Judiciary. ness have, for all practical purposes, $216. S. 593. An act for the relief of Hans Chris­ deserted the principle of real competi­ Mr. ALFORD. tian Gunnar Mikkelsen; to the Committee tion. Mr. BALDWIN and to include extra­ on the Judiciary. We can point to similar situations in neous matter. S. 644. An act to amend the Foreign Serv­ steel, rubber, chemicals, petroleum prod­ (The following Members (at the re­ ice Act of 1946, as amended, concerning re­ ucts, finance, and labor. quest of Mr. LINDSAY) and to include ex­ employment of officers or employees; to the We have been told throughout the traneous matter:) Committee on Foreign Affairs. Mr. HALPERN. S. 66S. An act for the relief of Andreas complete development of our economy Rakintozis (also known as Andreas Rakintzis that our progress has been based on the Mr. SAYLOR. or Rakajes); to the Committee on the Ju­ incentives of reward under competitive (The following Member (at the re­ diciary. effort in a free enterprise system. But quest of Mr. PucINSKI) and to include S. 696. An act for the relief of Angel Ardaiz throughout the length and breadth of extraneous matter:) Martinez; to the Committee on the Judiciary. our land, we can see a pattern of mo­ Mr. GIAIMO. S. 697. An act for the relief of Maria Luisa nopoly, managed prices, regional distri­ Martinez; to the Committee on the Judi­ bution agreements, collusive agreements ciary. between great labo1· unions and their SENATE BILLS REFERRED S. 713. An act for the relief of Anastasia employers, and rigged collusive bidding Bills of the Senate of the following Stassinopoulos; to the Committee on the gradually taking the place of competitive titles were taken from the Speaker's Judiciary. S. 894. An act for the relief of Capt. Ernest practices and procedures. table and, under the rule, referred as Mountain; to the Committee on the Judi­ Profits no longer are based primarily follows: ciary. on efficiency of production and distribu­ S. 118. An aot for the relief of Helen Irma S. 939. An act for the relief of Zlata Dum­ tion between real competitors. Profits Imhoof; to the Committee on the Judiciary. lija.n and Djuro (George) Kasner; to the depend too often upon the elimination S. 126. An act for the relief of Edward W. Committee on the Judiciary. of competition through various devices Scott III; to the Committee on the Judici­ · S.1097. An act for the relief of A. E. Water­ which I have described. I am deeply ru-y. stradt; to the Committee on the Judiciary. concerned with the erosion of the com­ s. 132. An act for the relief of Ma.n-Yeh Chow; the Committee the Judiciary. petitive principles. to on S. 138. An act for the relief of Mico Delic; ENROLLED BILLS SIGNED If our system of competitive free en­ to the Committee on the Judiciary. terprise is a valid one, and if it. is to S. 139. An act for the relief of Krste An­ Mr. BURLESON, from the Committee succeed in the world struggle against the geloff; to the Committee on the Judiciary. on House Administration, reported that 5410 CONGRESSIONAL RECORD - HOUSE March 30 that committee had examined and found on. a review of the mutual security program By Mr. MORRISON: truly enrolled bills and a joint resolution presentation to the Congress for fiscal year H.R. 6092. A bill to amend the provisions 1961, which contains the requests for au­ of law relating to longevity step tncreases of the House of the following titles, which thorization and appropriation of funds for for postal employees; to the Committee on were thereupon signed by the Speaker: economic assistance to foreign countries pro­ Post Office and Civil Service. H.R.1163. An act to amend section 510 of posed under the 1961 mutual security By Mr. QUIE: the Interstate Commerce Act so as to extend program; to the Committee on Government H.R. 6093. A bill to amend the Federal for 27 months the loan guarantee authority Operations. Seed Act, as amended.> with respect to screen­ of the Interstate Commerce Commission; 739. A letter from the Secretary of Labor, ings of seed; to the Committee on Agricul­ H.R. 6188. An act making supplemental transmitting a report of claims paid by this ture. appropriations for the :fiscal year ending J1me Department during the year ending Decem­ By Mr. REUSS: 30, 1961, and for other purposes; ber 31, 1960, pursuant to title 28, section H.R. 6094. A bill to amend section 4 of the H.R. 6463. An act to amend and extend the 2673, United States Code; to the Committee Employment Act of 1946; to the. Committee Sugar Act of 1948, as amended; and on the Judiciary. on Government Operations. H.J. Res. 32. Joint resolution to designate the :first day of May of each year as Law Day, By Mr. RHODES of Arizona: H.R. 6095. A bill to amend section 206 of U.S.A. REPORTS OF COMMITTEES ON the Labor-Management Relations Act of 1947; to the Committee on Education and SENATE ENROLLED BILL SIGNED PUBLIC Bll,LS AND RESOLUTIONS Labor. The SPEAKER announced his signa­ Under clause 2 of rule XIII, reports of By Mr. RHODES of Pennsylvania: committees were delivered to the Clerk H.R. 6096. A bill to establish the Federal ture to an enrolled bill of the Senate of for printing and reference to the proper Agency for Handicapped, to define its duties, the following title: calendar, as follows: and for other purposes; to the Committee S. 153. An act to further amend the Re­ on Education and Labor. organization Act of 1949, as amended, so Mr. THOMPSON of New Jersey: Joint By Mr. SIKES: that such act will apply to reorganization . Committee on the Disposition of Executive H.R. 6097. A bill to amend the Tariff Act plans transmitted to the Congress at any Papers. House Report No. 213. Report on of 1930 to increase the rate of the duty im­ time before June 1, 1963. the disposition of certain papers of sundry posed on the importation of plywood; to executive departments. Ordered to be the Committee on Ways and Means. printed. By Mr. TOLLEFSON: BILLS PRESENTED TO THE Mr. HARRIS: Committee of conference. H.R. 6098. A bill to provide that employees H.R. 1163. A bill to amend section 510 of the PRESIDENT whose basic compensation is fixed and ad­ Interstate Commerce Act so as to extend for justed from time to time in accordance with Mr. BURLESON, from the Committee 1 year the loan guarantee authority of the prevailing rates by wage boards or similar on House Administration, reported that Interstate Commerce Commission (Rept. No. administrative authority serving the same that committee did on this day present 214). Ordered to be printed. purpose, shall be paid on a weekly basis; to the President, for his approval, bills Mr. CELLER: Committee on the Judiciary. to the Committee on Post Office and Civil · and a joint resolution of the House of the S. 912. An act to provide for the appointment Service. of additional circuit and district judges, and H.R. 6099. A bill to prohibit discrimina­ following titles: for other purposes; with amendment (Rept. tion because of age in hiring and employ­ H.R.1163. An act to amend section 510 of No. 215). Referred to the Committee of the ment of persons by Government contractors; the Interstate Commerce Act so as to extend Whole House on the State of the Union. to the Committee on the Judiciary. for 27 months the loan guarantee authority By Mr. BONNER: of the Interstate Commerce Commission; H .R. 6100. A bill to amend title VI of the H.R. 5188. An act making supplemental ap­ PUBLIC BILLS AND RESOLUTIONS Merchant Marine Act, 1936, to authorize off­ propriations for the :fiscal year ending June season cruises by American-flag passenger 80, 1961, and for other purposes; Under clause 4 of rule XXII, public vessels; to the Committee on Merchant H.R. 5463. An act to amend and extend the bills and resolutions . were introduced Marine and Fisheries. Sugar Act of 1948, as amended; and and severally referred as follows: By Mr. BROOKS of Louisiana: H.J. Res. 32. Joint resolution to designate By Mr. ELLSWORTH: H.R. 6101. A bill to amend the Internal the :first day of May of each year as Law Revenue Code of 1954 so as to provide that Day, U.S.A. H.R. 6086. A bill to amend section 202 ( c) of the Interstate Commerce Act to provide lawful expenditures for legislative purposes for partial exemption from the provisions shall be allowed as deductions from gross income; to the Committee on Ways and ADJOURNMENT of part II of such act of terminal area mo­ tor carrier operations performed by or for Means. Mr. PUCINSKI. Mr. Speaker, I move common carriers by water in interstate By Mr. HALEY: that the House do now adjourn. commerce subject to the Shipping Act, 1916 H.R. 6102. A bill to authorize the Secretary The motion was agreed to. and the Intercoastal Shipping Act, 1933; to of the Interior to sell reserved phosphate The SPEAKER. In accordance with the Committee on Interstate and Poreign interests of the United States in lands lo­ Commerce. cated in the State of Florida to the record House Concurrent Resolution 211, the owners of the surface thereof; to the Com­ un­ By Mr. FRAZIER: Chair declares the House adjourned H.R. 6087. A bill to amend the Internal mittee on Interior and Insular Affairs. til 12 o'clock noon on Monday, April 10, Revenue Code of 1954 so as to provide for By Mr. HALL: 1961. scheduled personal and corporate income tax H.R. 6103. A bill for the relief of the Stella Thereupon

EXTENSIONS OF REMARKS

Byelorussian Independence Day sia, long before the formation of the ence. On the 43d anniversary of their modern Russian state, but in 16th cen­ Independence Day let us hope they will EXTENSION OF REMARKS tury Russian czars overran and con­ someday be restored to freedom and in­ quered the country, and since then, ex­ dependence. OF cept for a period of 3 years, they have HON. SEYMOUR HALPERN been living under czarist autocracy and OF NEW YORK under Communist Soviet tyranny. Confederate Flag Day IN THE HOUSE OF REPRESENTATIVES The 3-year brief but unforgettably happy interlude between 1918 and 1921 Thursday, March 30, 1961 was the only time these people were free EXTENSION OF REMARKS Mr. HALPERN. Mr. Speaker, today in modern times. In 1918, on March 25, OF about 10 million Byelorussians live in they had proclaimed their independence their historic homeland under the Soviet and had established the Byelorussian HON. DALE ALFORD totalitarian regime, but the Soviet Gov­ National Republic. Then until early OF ARKANSAS ernment has always acted ·as though 1921 the new state struggled against IN THE HOUSE OF REPRESENTATIVES formidable odds for its very existence. there is no such distinct ethnic group, Thursday, March 30, 1961 and has tried to obliterate all Byelorus­ In the end it was. defeated, the country sian national traits. For that reason we overrun by the Red Army in 1921, and Mr. ALFORD. Mr. Speaker, the Gen­ in the West hear little of these people, then made part of the Soviet Union. eral Assembly of the State of Arkansas, and know very little of their history. Since then the fate of the Byelorussian in its session in 1957, adopted, and the Nonetheless, there they are, and they people has been no different from that of Governor signed, act No. 124, designat­ have persistently resisted all Soviet at­ other peoples suffering unde1· the Krem­ ing the Saturday before Easter of each tempts to Russianize them. lin's unbearable yoke. Fortunately these year as Confederate Flag Day. These. people lived under their own people have not lost their hope for free­ I have heartily commended this action government in their historic land, be­ dom, and they still cling to their na­ in the past, and I now call national at­ tween eastern Poland and western Rus- tional ideals, their national independ- tention to the fact that this observance