Bulletin No. 31 .January, 1961 The Judge Advocate

PR R F THE JUDGE ADVOCATE GENERAL'S SCHOOL LIBRARY

Published By JUDGE ADVOCATES ASSOCIATION An affiliated organization of the American Bar Association, composed of lawyers of all components of the Army, Navy, and Air Force

Denrike Building Washington 5, D. C. JUDGE ADVOCATES ASSOCIATION Officers for 1960-61 REGINALD c. HARMON, Virginia...... Pl'C$ident ERNEST M. BRANNON, District of Columbia...... Pirst Vice Pnsident FREDERICK R. BOLTON, Michigan ...... Second Vice Preside11t PENROSE L. ALBRIGHT, Virginia...... Secretary CLIFFORD A. SHELDON, District of Columbia ...... Trerrnurer JOHN RITCHIE, III, Illinois ...... Dele[!Clte to AB,1 Directors Joseph A. Avery, Va.; Franklin H. Berry, N. J.; Robert G. Burke, N. Y.; Perry H. Burnham, Colo.; Charles L. Decker, D C.; John H. Finger, Calif.; Robert A. Fitch, Va.; Osmer C. Fitts, Vt.; James Gar­ nett, Va.; George W. Hickman, Calif.; J. Fielding Jones, Va.; Stanley 'iV. Jones, Va.; Herbert M. Kidner, Pa.; Thomas H. King, Md.; Albert M. Kuhfeld, Va.; William C. Mott, Md.; Joseph F. O'Connell, Mass.; Alexander Pirnie, N. Y.; Gordon Simpson, Texas; Clio E. Straight, Va.; Moody R. Tid\Yell, Va.; Fred Wade, Pa.; Ralph W. Yarborough, Texas. Executive Secretary and Editor RICHARD H. LOVE Washington, D. C.

Bulletin No. 31 January, 1961

Publication Notice The views expressed in articles printed herein are not to be regarded as those of the Judge Advocates Association or its officers and directors or of the editor unless expressly so stated.

TABLE OF CONTENTS PAGE The Federal Legislative Process...... 1 The 1960 Annual Meeting...... 35 Limitation of Settlements Under FTCA...... 38 In Memoriam ...... 47 How Guilty is Guilty...... 49 The Navy's New TJAG...... 57 The Deputy and Assistant TJAG--Navy...... 59 J AA Board Actions...... 61 What the Members Are Doing...... 63 Supplement to Directory of Members...... 66

Published by the Judge Advocates Association, an affiliated organ­ ization of the American Bar Association, composed of lawyers of all components of the Army, Navy, and Air Force. Denrike Building, Washington 5, D. C. - STerling 3-5858 THE FEDERAL LEGISLATIVE PROCESS

By Colonel James K. Gaynor*

I. INTRODUCTION to all lawyers. The details of the process may not be so well known The President of the United States except to those lawyers who act as is the commander-in-chief,1 but the legislative counsel, or a part of the military services are dependent upon legislative branch of the Govern­ the Congress for their existence, for ment. However, every military law­ the rules and regulations by which yer should have more than a passing they are governed, and for the money knowledge of the federal legislative necessary to maintain them.2 process. Most of the larger agencies of the executive branch of the Government II. CONGRESSIONAL STRUCTURE have legislative offices to assist the President in performing the duty That the Congress of the United given him by the Constitution of States should consist of two houses recommending to the Congress such was the result of a compromise. measures "as he shall judge neces­ Most of the colonial legislatures were sary and expedient." 3 The Secre­ two-house bodies with a small cham­ tary of Defense has an assistant for ber representing the Crown and a Legislative Affairs, the Army and the larger one selected by the people. Air Force have Legislative Liaison The Congress established by the Arti­ offices, and the Navy has a Legisla­ cles of Confederation was merely a tive Affairs office. gathering of delegates of the states, The Congress enacts many propos­ with voting by states.4 When the con­ als each session which in one way or vention called to revise and strength­ another affect the military services. en the Articles of Confederation de­ The process by which such proposals termined to overhaul completely the become public laws generally is known governmental structure, there were

* B.S., J.D., Indiana University; LL.M., S.J.D., The George Washington University; Colonel, JAGC-USA; member of the Indiana bar; Chief of the Legislative Division, Office of the Chief of Legislative Liaison, Office of the Secretary of the Army, July 1957 to September 1960. All statements and opinions in this article are those of the author and do not necessarily reflect the official position of the Department. of Defense.

1 U. S. Const., Art. II, § 2.

2 Id., Art. I, § 8.

3 Id., Art. II, § 3. Cf. Nobleman, The Delegation of Presidential Functions, 307 Annals of the American Academy of Political and Social Science 134 (1956). 4Articles of Confederation, Art. V. I 2 The Judge Advocate Journal various proposals as to the desirable House of Representatives met on the nature of the legislature. first floor. This is one version of the Virginia, a large state, proposed a origin of the custom of calling the two-house body with the lower house Senate the "upper house." In the to be selected by the people, the halls of the Congress, each house upper house to be selected by the now refers to its counterpart as the lower house, and the number of rep­ "other body" rather than as upper resentatives-each to have equal vote or lower house. -to be determined upon the basis of The Constitution provides that the population. New Jersey, a small members of the House of Represer.ta­ state, wanted only one house with tives shall not exceed one for every voting by states. The scheme adopt­ 30,000 people, but that each state is ed, the Connecticut compromise, pro­ guaranteed at least one seat in the vided for two houses, with a Senate House, regardless of size.9 There to be composed of two members from still are six states with only one each st.ate and a House of Repre­ member each in the House of Rep­ sentatives with its membership ap­ resentatives: Alaska, Delaware, Ha­ portioned according to population.5 waii, Nevada, Vermont, and Wyom­ The members of the Senate were not ing. The Constitution provided that elected by the people until the Seven­ the House initially should consist of teenth Amendment became effective 65 members, but as the country grew, in 1913; 6 prior to that time, the the number of members of the Con­ legislature of each state selected the gress increased. By 1873, the House members of the Senate from that consisted of 283 members, and in suc­ state.7 ceeding decades the number rose to When the First Congress assembled 325, to 356, and to 386. Finally, an in New York in 1789, there were 22 act of 1911 fixed the number at 433 Senators and 59 members of the with two additional members should House of Representatives.s North Arizona and New Mexico become Carolina and Rhode Island were not states before the next decennial cen­ represented because they had not yet sus.10 Since they did, the number ratified the Constitution. The Sen­ was permanently fixed at 435, al­ ate met on the second floor of the though the number was increased provisional capitol building and the temporarily to 437 because of the

5 U.S. Const., Art. I, §§ 2, 3; Bancroft, History of the United States of America (New York: Appleton, 1884), Vol VI, p. 244. 6 Proclamation by the Secretary of State, 31 May 1913.

1 U.S. Const., Art. I, § 3. 8 Compare Bassett, The Federalist System (New York: Harper, 1906), pp. 7-8.

D U.. S. Const., Art I, § 2. io 37 Stat. 13 (1911), 2 U.S. Code, § 2. The Judge Advocate Journal 3

admission of Alaska and Hawaii. bution by the state legislature follow­ The number will be reduced to 435 ing a reapportionment, and the state again with the apportionment follow­ has gained a member of the House ing the 1960 census.11 The Common­ because of an increase in population, wealth of Puerto Rico has a resident the extra member is a Congressman commissioner who sits as a member at Large from that state.is If a of the House and may introduce bills state loses one or more representa­ and enter into debates but cannot tives by a reapportionment and the vote.12 Alaska and Hawaii, while in state legislature fails to adjust the territorial status, each had a dele­ districts, all representatives from gate who was in the same status as that state are elected, at large until the resident commissioner. The mem­ there is an adjustment.16 During the bership of the Senate was automati­ decade following the 1950 census, cally increased to an even hundred New Mexico and North Dakota each with the admission of Hawaii. were entitled to two members of the During the 86th Congress (1959­ House, and both were elected at large. 1960), the Congressman from the 8th Texas, Washington, and Connecticut District of Texas represented 806,701 each had one Representative at Large, people and the Congressman from the in addition to those representing dis­ 2d District of South Dakota repre­ tricts; thus the Representative at sented only 159,099 people, to show Large from Texas had a constituency the extremes.13 However, except for in excess of 7 million people. It ap­ the Representatives at Large, 95 per cent of the members of the House pears that the redistribution follow­ represented between 200,000 and 500,­ ing the 1960 census will provide Cali­ 000 people, and the range was be­ fornia with the most substantial gain, tween 300,000 and 400,000 in the case that New Yark and Pennsylvania of 60 per cent of the members.14 each will lose three seats, that Ark­ Although the Congress apportions ansas and Massachusetts each will the number of representaUves to each lose two, and that one seat will be state based upon the decennial cen­ lost by each of nine other states sus, it is the state legislature which (Alabama, Georgia, Iowa, Kansas, fixes the Congressional districts with­ Maine, Minnesota, Mississippi, North in the state. If there is no redistri­ Carolina, and West Virginia) .17

11 106 Cong. Rec. A1676 (daily issue, 29 Feb 1960). 12 39 Stat. 963 (1917), as amended, 48 U.S. Code, § 891. 13106 Cong. Rec. A946-A947 (daily issue, 4 Feb 1960). 14 Id., p. A946. 1 s 37 Stat. 14 (1911), 2 U.S. Code, § 4.

16 Rev. Stat. § 22 (1874), 2 U.S. Code, § 6. 17 106 Cong. Rec. A945-A946 (daily issue, 4 Feb 1960). The Judge Advocate Journal

By comparison with legislative inhabitant of the state from which bodies of 'Other countries, the Con­ elected, and have been a United gress of the United States, with its States citizen for at least nine 100 Senators and 437 Representa­ years.is Several times in history tives, is not an unusually large legis­ men have been elected to the Senate lative body. The Senate of France at less than 30 years of age, most has 300 and the National Assembly notably Henry Clay, who was per­ has 546; the Japanese Diet consists mitted to serve for three and a half of a House of Councilors of 250 and months while only 29 years old.19 a House of Representatives of 467, Since each house of the Congress is and in Ireland there are 60 in the the judge of the qualifications of its Seanad Eireann and 147 in the Dail own members,20 the question of one's Eireann. By far the largest legis­ age may not be raised. However, lative body is the Russian Supreme some persons elected pri-or to attaining Soviet, with more than 600 members the required age have been required in the Soviet of Nationalities, and to wait until qualified before being almost 1400 members of the Soviet of seated. Senators are elected for six the Union. The English Parliament years and the terms of a third of has two houses, but the House of the members expire every two years. Lords, which is not an elective body, A member of the Senate is addressed cannot propose legislation nor can it and referred to as "Senator" (unless defeat legislation; it can only delay one is addressing him in his capacity it by returning it to the House of as chairman of a committee, in which Commons for reconsideration. The case it is "Mister Chairman") al­ House of Lords has 891 members but though his office door in the Senate an average voting strength of be­ Office Building has "Mister" preced­ tween 85 and 120, and the House of ing his name and he is described as Commons has 630 members. The "Mister" in the Congressional Record. smallest legislative body 'Of an in­ A· member of the House of Repre­ dependent state is that of Liechten­ sentatives must be at least 25 years stein. Its Diet has 15 members. old, a United States citizen for at Although Monaco has a total area of least seven years, and an inhabitant less than a square mile, its National of the state (but not necessarily the Council has 18 members. district) from which elected.21 A member of the House ordinarily is III. THE MEMBERS OF CONGRESS referred to as "Mister Congressman" The Constitution requires that a (or "Mister Chairman" if he is act­ senator be at least 30 years old, an ing in his capacity as committee

1s U.S. Const., Art. I, § 3. 19 Biographical Dictionary ·of the American Congress, 1774-1949, House Doc. No. 607, 8lst Cong., 2d Sess. (1950), pp. 986-987. 20 U.S. Const., Art. I, § 5. 21 U.S. Const., Art. I, § 2. The Judge Advocate Journal 5 chairman) but some members prefer birthday was October 2, 1960. The the use of their surname with the youngest member of the 86th Con­ prefix "Mister." gress was Congressman Rotenkowski Although members of the House of Illinois who had just passed his are elected for two years compared thirty-first birthday when he took with six-year terms for senators, the his seat in January 1959. About 90 total Congressional service of a mem­ per cent of the members of the 86th ber of the House may be quite long. Congress held political office before In the 86th Congress there were being elected to Congress, and a size­ seven members of the House who able group were war veterans: 144 had been in Congress longer than the of World War I, 186 'of World War continuous Senate service of the II, 3 of the Korean War. Senator senior senator. Speaker Sam Ray­ Green served in the Spanish-Ameri­ burn of Texas and Congressman can War, and Congressman O'Hara Carl Vinson of Georgia served their of Illinois was the last of 93 Spanish­ twenty-fourth consecutive terms in American War veterans to serve in the 86th Congress. Congressmen the House of Representatives. Many Cannon of Missouri, Celler of New different professions always are rep­ York, and Taber of New York served resented in Congress but by far the their nineteenth terms. Congressman largest representation invariably is Martin and the late Congresswoman from the legal profession. In the Rogers, both of Massachusetts, served 86th Congress, 62 of the 100 senators their eighteenth terms in the 86th were lawyers and 241 of the 437 rep­ Congress. resentatives were lawyers.22 Next The senior senator of the 86th in line in professional representation Congress was Senator Carl Hayden in the 86th Congress was business of Arizona, serving his sixth term. and banking with 157 in the two He previously had served eight terms houses of the Congress. There were in the House, with continuous Con­ 63 educators, 40 journalists, and 8 gressional service of forty-nine years, physicians. There were 17 woman but the service in the House did not members of the 86th Congress: 16 in affect his seniority in the Senate. the House and Mrs. Margaret Chase The average age of the members Smith of Maine in the Senate. The of the 86th Congress was 53. No first woman to serve as a member of one in history has served in Congress Congress was Miss Jeanette Rankin at an age older than Senator Green of Montana who was elected in 1916, of Rhode Island, whose ninety-third four years before the Nineteenth

22 American Bar News, Jan. 15, 1960, p. 3. In the 86th Congress, of the five ranking Democrats in the Senate, Senators Russell, Murray, and Chavez were members of the bar. Of the five ranking Republicans in the Senate, Senators Wiley, Langer, and Hickenlooper were members of the bar. Of the five ranking Republicans in the House, Congressmen Reed, Taber, and Allen were members of the bar. The five ranking Democrats in the House­ Congressmen Rayburn, Vinson, Cannon, Celler, and McCormack-all were members of the bar. 6 The Judge Advocate Journal

Amendment to the Constitution guar­ land has been the land of birth of anteed woman suffrage. The first more members than any other foreign woman to serve in the Senate was country. Mrs. Hattie W. Caraway of Arkan­ The salary of a member of Con­ sas, appointed in 1931 to fill the gress is $22,500 a year.24 The Speak­ vacancy created by the death of her er of the House receives $35,000 a husband and then elected to two year and an additional $10,000 for terms in the Senate thereafter. expenses.25 Each member of Con­ That the membership of the Con­ gress is authorized an allowance for gress is drawn from all segments of payment. of his office staff, and some the citizenry is illustrated by the fact members employ additional assistance that of the 537 members of the 86th at their own expense. The Congres­ Congress, 103 were Roman Catholic, sional Staff Directory 26 lists as few 12 were Jews, and 4 were Negroes. as four staff members for some sena­ Congressman Saud of California was tors and as many as eight for others. born in Amritsar, India, and received They are given different titles, de­ his first college degree from the Uni­ pending upon the desires of the in­ versity of Punjab. Congressman dividual senators. Most senators Kasem of California, although born have someone designated "administra­ in the United States, is the son of tive assistant" (commonly referred Arabians. Of the three Hawaiian to as the "AA") who is the chief of members of Congress, one is of Japa­ the staff, and such terms as executive nese descent and another is of Chin­ secretary, legislative clerk, research ese descent. Of approximately 10,000 assistant, secretary, and clerk are men and women who have served as among those used. The directory members of Congress, several hun­ lists three to eight staff members for dred have been foreign born.23 Ire­ representatives and their titles are

23 Statistics from 1789 through 1949 are in Lawson, The Foreign Born in Congress, 1789-1949: A Statistical Summary, 51 Amer. Pol. Science Rev. 1183 (1957). This article states that of the 9,618 persons who served in Congress through 1949, 374 were foreign born. There were 122 born in Ireland, 55 in England, 49 in Canada, and 41 in Germany, with the re­ mainder from other countries. There were 38.8 per cent foreign born in the 1st Congress, 7.9 per cent in the 2d Congress, and 1 to 5 per cent at most times thereafter although the number rose to 7 per cent during the 1885-1888 period. 24 69 Stat. 11 (1955), 2 U.S. Code, § 31; 67 Stat. 322 (1953), 2 U.S. Code, § 31c. 25 69 Stat. 11 (1955), 2 U.S. Code, § 31; 63 Stat. 4 (1949) as amended by 65 Stat. 570 (1951), 2 U.S. Code, § 31b. Should the office of Vice President become vacant, the President pro tempore of the Senate shall receive the salary of the Vice President. Rev. Stat. § 36 (1874), 2 U.S. Code, § 32. 26 Brownson, Congressional Staff Directory, 1959 (Indianapolis: Bobbs­ Merrill, 1959). The Judge Advocate Journal 7

as varied as those of the senators' organization Act of 1946 provided for staffs. Not all staff personnel of the adjournment of Congress sine die members' offices are chosen as reward (literally, without appointment of a for past political support. There are day) no later than the last day of many staff members wh'O are long­ July "unless otherwise provided by time professionals, who "know their the Congress," 30 but 1952 was the way around," who are not resident. only year since enactment that the of the state represented by their Congress adjourned sine die earlier employers, and may not even be of than the second day of August. The the same political party. Each mem­ Second Session of the 8lst Congress ber of Congress is authorized $1,200 did not adjourn until January 2, a year for office rental in his home 1951, the day preceding the opening district.21 This was brought to pub­ of the 82d Congress.31 lic attention early in 1959 when 'One The President may call a special Congressman rented his front. porch session of Congress "on extraordi­ to the Government for that con­ nary occasions" 32 and he may call sideration. only one house of Congress into spe­ cial session if he chooses. Forty­ IV. CONGRESS IN ACTION seven special sessions 'Of the Senate A Congress consists of two regu­ were called between 1791 and 1933, lar sessions, each of which convenes two of them in the same year, 1881.33 on the third day of January or such The special session in 1933 adjourned other tjme as the Congress may after three days of deliberations. designate.28 Before the close of a When Congress is in session, neither session, the convening date of the house may adjourn for more than following regular session is fixed, and three days without permission of the it usually is within the first ten days other house,34 but in 1960 the Second of January. Prior to 1933, the con­ Session of the 86th Congress was in vening date was the first Monday recess for more than a month for the in December.2s The Legislative Re­ national political conventions.

21 70 Stat. 359 (1956), 2 U.S. Code, § 52; 68 Stat. 403 (1954), amended by 71 Stat. 622 (1957), 2 U.S. Code, § 122.

28 U.S. Const., Amend. XX, § 2.

29 U.S. Const., Art. I, § 4. 30 60 Stat. 831 (1946), 2 U.S. Code, § 198. Since this enactment was an exercise of the rule-making power, it may be said that it does not have the force and effect of law.

8'1 Congressional Directory, 86th Cong., Jan 1960, pp. 325-326.

32 U.S. Const., Art. II, § 3.

88 Congressional Directory, 86th Con(J., Jan. 19601 p. 327. u U.S. C-onst., Art. I, § 5, 8 The Judge Advocate Journal

The Senate may (but seldom does) jority in the Senate. The Speaker hold an executive session which is or someone designated by him pre­ closed to the public.as The House in sides in the House. The Speaker modern times does not hold execu­ usually is the senior representative tive sessions. Except for executive from the political party having the sessions of the Senate, visitors may majority in the House. Each house view and hear the proceedings of also has a majority leader, a ma­ either house. There are 621 seats in jority whip, a minority leader, and a the Senate gallery and 616 seats in minority whip. The leader, as the ~he House gallery but a visitor's pass name implies, takes the lead in shap­ must be obtained from a senator for ing policy, and in the Senate he the Senate or a representative for exerts great influence in shaping the the House. These passes are not legislative program. Since the Speak­ difficult to obtain except for an un­ er of the House is of the same politi­ usual occasion such as an address by cal party as the majority, he may the President at a joint session. In wield more influence than the pre­ such case a special pass is neces­ siding officer of the Senate. The whip sary, and these are carefully allotted is the one who is charged with urg­ to the Members of Congress. A vis­ ing attendance of the members of itor is not permitted to read or take his political party to insure party notes while in the gallery; only ac­ loyalty on important issues. credited members of the press, seated Each house also has an Office in the press gallery (which is above of Legislative Counsel in which there and behind the presiding officer in are experienced lawyers available for each house), may do so. There are assistance in legislative drafting more than a thousand accredited without reference to political party. press representatives listed in the The statute creating these offices Congressional Directory. provides that they shall "aid in Each house of the Congress has drafting public bills and resolutions a chaplain, a secretary, a sergeant or amendments thereto on the re­ at arms, a parliamentarian, and nu­ quest of any committee" of either merous clerks, doorkeepers, and other house, and that the Committee on necessary adjuncts. The presiding Rules and Administration of the Sen­ officer of the Senate is the Vice ate and the Committee on House Ad­ President of the United States, and ministration may determine the pref­ in his absence, the president pro tem­ erences to be given requests placed pore (or someone designated by him) upon legislative counseJ.86 As a mat­ presides. The president pro tempore ter of practice, the House legislative usually is the senior senator from counsel generally restrict their as­ the political party having the ma­ sistance to committees although some

85 During the first three Congresses, the Senate met only in executive sessions. 104 Cong. Rec. A1623 (1958). ss 40 Stat. 1141 (1919), as amended 2 U.S. Code, § 275. The Judge Advocate Journal 9

drafting is performed for individual short explanation of it. In the members where time is available, and House, a bill is introduced by the members of the House rely to a dropping it into a box known as the considerable extent upon the Library "hopper." A Senate bill may be co­ of Congress or other agencies for sponsored by more than one senator. legislative drafting. The Senate leg­ Co-sponsors are not used in the islative counsel long has provided a House, so any number of identical considerable amount of drafting serv­ bills may be introduced.38 ice for individual senators. In Eng­ A legislative proposal, upon in­ land, the parliamentary counsel troduction, is given a numerical serves only the party in power, and designation. If it is a bill, the num­ Members of Parliament of the mi­ ber will be preceded by "S" if in­ nority parties must seek drafting troduced in the Senate, or "H.R." if assistance from private sources. introduced in the Hous<>. Thus, H.R. 500 is the five-hundredth bill intro­ V. INTRODUCTION OF A BILL duced in the House during the cur­ The legislative process 37 begins rent Congress. This designation con­ with the introduction of a measure tinues to be used even after the which may be either a bill or a reso­ measure has been passed by one lution. A bill is introduced in the house and is being considered in the Senate by a senator arising, being other house. If a bill is introduced recognized by the presiding officer, in the first session of a Congress, it and stating that he introduces the may be considered during that ses­ bill. He may or may not give a sion, or in the second session, or in

37 An authoritative but concise treatise on the federal legislative process is Zinn, How Our Laws are Made, l"f'published in 1959 as House Doc. No. 156, 86th Cong., 1st Sess. The author, Dr. Charles J. Zinn, has been law revision counsel to the House Committee on the Judiciary since 1939. A professorial lecturer in law of The George Washington University, Dr. Zinn teaches legislative drafting. Another tn·atise by Dr. Zinn, American Con­ gressional Procedure, was published by the West Publishing Co., St. Paul, Minn., in 1957 as a companion handbook to The Inter-Parliamentary Union publication, European Parliamentary Procedure, by Lord Campion and Mr. D. W. S. Lidderdale. A graphically-illustrated booklet on the federal legis­ lative process is Smith and Riddick, Con.qress in Action (Manassas, Virginia: National Capitol Publishers, Inc., 3d ed., 1953). Dr. Riddick is Assistant Parliamentarian of the Senate. One of the best general references on the legislative process is Chamberlain, Legislative Processes-National and State (New York: Appleton-Century, 1936). Also see Luce, Legislative Procedure (Boston: Houghton Mifflin, 1922), which is a comprehensive historical and analytical treatise on legislative assemblies with emphasis upon British and American institutions. 88 E.g., During the 86th Congress, two Senate bills were introduced to permit recomputation of the pay of certain retired military personnel. There were 23 sponsors of S. 269 and 10 sponsors of S. 541. More than 50 bills upon the subject were introduced in the House, many of them in identical language. 10 The Judge Advocate Journal a special session if one is called. latter may be presented to the Presi­ However, if not enacted into law by dent for approval and become public the close of Congress, it cannot be law.41 An exception, however, is that acted upon by a later Congress un­ an amendment to the Constitution is less again introduced. New com­ presented in the form of a joint reso­ mittee action is required if intro­ lution and it requires a two-thirds duced in a later Congress. concurrence by each house, does not A bill which is of general appli­ require Presidential approval, and cation is known as a public bill and, must be ratified by three-fourths of if enacted into law, becomes a public the states.42 The first four joint law. A private bill, often termed resolutions introduced in the House a relief bill, affects only one person in the 86th Congress were to estab­ or a particular group, or an organi­ lish commissions to study particular zation, designated by name in the problems. bill. Such bills in most cases involve A concurrent resolution usually ex­ money claims or immigration mat­ presses facts, principles, or purposes ters. There have been cases, how­ and is not legislative in character. ever, where bills affecting only one or It does not require Presidential ap­ a few named persons have been de­ proval. Among the first concurrent nominated public bills.39 resolutions introduced in the House A bill may -originate in either in the 86th Congress were one to call house of the Congress with one ex­ for a crusade for world peace and ception: A bill to appropriate money freedom, one to establish a joint must originate in the House of Rep­ resentatives.4o In addition to bills, Congressional committee, and an au­ there are joint resolutions (with the thorization for the President to pro­ designation of H.J.Res. or S.J.Res. claim March as Neighborhood House preceding the number), concurrent Month. resolutions (designated H.Con.Res. or A simple resolution is considered S.Con.Res.), and resolutions (desig­ only by the house in which intro­ nated H.Res. or S.Res.), which com­ duced and concerns a matter of in­ monly are known as "simple resolu­ ternal interest only to that house. tions." Examples are those adopting rules of There is little difference between the House, fixing of compensation of a bill and a joint resolution: the House employees, and authorizing the

39 E.g., Public Law 326, 79th Cong., 60 Stat. 56 (1946), authorized Regular Army appointments for five named individuals, and Public Law 888, 79th Cong., 60 Stat. 681 (1946), authorized the Regular Army appointment of one named individual. 40 U.S. Const., Art. I, § 7. 41 E.g., S. J. Res. 178, 86th Cong., relating to the pay of Senate em­ ployees, became Public Law 86-426. 42 See U.S. Const., Art.. V. The Judge Advocate Journal 11 expenses for an investigation by a designate another member of the Congressional committee. commit.tee to introduce the bill, or Although a bill may be introduced take no action whatever. An agency only by a Member of Congress (or of the executive branch of the Gov­ by the resident commissioner of ernment does not send a legislative Puerto Rico), the source may be proposal to the Congress with a varied.43 A Member of Congress request for enactment unless the may have the idea and either draft Bureau of the Budget has approved it or have an agency draft it for it as being consistent with the Presi­ him, it may be sent to the Congress dent's legislative program. by an executive agency of the Gov­ The form of the enacting clause of ernment with a request for enact­ a bill-"Be it enacted by the Sen­ ment, or a private organization or ate and House of Representatives individual may draft it and request of the United States of America in that a Member of Congress introduce Congress assembled"-is prescribed it. If a Member of Congress wishes by statute.44 Occasionally there is to introduce a bill but does not wish introductory matter preceding the to commit himself as favoring it, he enacting clause (or, if a resolution, will state that it is introduced "by the resolving clause) which states request" and this will appear after the reason for the enactment, such his name on the bill. as clauses beginning with the word When an agency of the executive "whereas." If the measure is long branch of the Government sends a and involved, it may have a table legislative proposal to Congress with of contents, referred to as an analysis, a request for enactment, it will in­ at the beginning. That which pre­ clude a draft of the bill, a sectional cedes the enacting or resolving clause analysis of the bill, and what is does not, upon adoption of the meas­ known as a "Speaker let.ter"-identi­ ure, have the force and effect of law. cal letters to the President of the If definitions are included in a meas­ Senate and the Speaker of the House ure, they usually follow immediately with an explanation of the bill and a after the enacting or resolving clause. request for enactment. This is de­ The first section of a measure is nominated by the Congress as an not numbered and one may not know executive communication and it is that it has more than one section referred to the appropriate commit­ until he reaches "Sec. 2." 45 The tee for consideration. The committee Uniform Gode of Military Justice, as chairman may introduce the bill, or set forth in the Manual for Courts­

43 See Leitch, The Birth of a Bill, 44 Amer. Bar. Assn. Jour. 789 (1958). 44 61 Stat. 634 (1947), 1 U.S. Code, § 101. A resolution has a resolving clause rather than an enacting clause. 61 Stat. 634 (1947), 1 U.S. Code, § 102.

45 "Each section shall be numbered, and shall contain, as nearly as may be, a single proposition of enactment." 61 Stat. 634 (1947), 1 U.S. Code, § 104. 12 The Judge Advocate Journal

Martial, United States, 1951, is the tended, and is drawn so as to express first section of an act of 5 May the objectives with reasonable cer­ 1950; section 2 of the act begins tainty and avoid ambiguity which on page 452 following Article 140 can lead to administrative confusion, of the Uniform Code. If a bill is needless litigation, or both.4s divided into titles-such as the an­ There are certain rules which must nual Military Construction Author­ be considered in the drafting of a ization Bill, which has different titles measure.47 For example, the word for the different services-the first "shall" is used as mandatory langu­ title begins with section 101, the age rather than "must,'' and the second title with section 201, and so word "may" is permissive.48 There forth. are rules which are provided by stat­ The importance of proper legisla­ ute,49 arid rules of statutory con­ tive drafting cannot be overempha­ struction have been enunciated by the sized. The entire legislative process courts. Words used in a statute are exists to provide a useful product, presumed to have their known and and that product is legislation. The ordinary meaning 50 and technical product is not useful unless it is words must be accorded their techni­ legally sufficient to accomplish the cal meaning unless the statute indi­ intended objective, is drawn in such cates the legislative intent to have manner that. it will avoid harmful been otherwise.51 Three Latin phrases effects which have not been in- are well known in statutory construe­

4 a The British jurist, Mr. Justice Stephen, is quoted as having said: "I think that my lat.e friend, Mr. Mill, made a mistake upon the subject [draftsmanship] probably because he was not accustomed to use language with that degree of precision which is essential to every one who has ever had, as I have had on many occasions, to draft Acts of Parliament, which, although they may be easy to understand, people continually try to mis­ understand, and in which, therefore, it is not enough to attain to a degree of precision which a person reading in good faith can understand; but it is necessary to attain, if possible, to a degree of precision which a person reading in bad faith cannot misunderstand. It is all the better if he cannot pretend to misunderstand it." Lord Thring, Practical Legislation (Boston: Little, Brown, 1902), p.9.

41 See Conrad, New Ways to Write Laws. 56 Yale L. Jour. 458 (1947); and Dickerson, Legislative Drafting: American and British Practices Co'Yflr pared, 44 Amer. Bar Assn. Jour. 865 (1958).

4 8 Dickerson, Legislative Drafting (Boston: Little, Brown, 1954), p. 80. Also see Sutton, Use of "Shall" in Statutes, 4 John Marshall L. Quar. 204 (1939).

49 61 Stat. 633 (1947), 1 U.S. Code §§ 1-6.

50 Old Colony Railroad Co. v. Commissioner of Internal Revenue, 284 U.S. 552 (1932). u Cadwalader v. Zeh, 151 U.S. 171 (1894). Compare United States v. Stone & Downer Co., 274 U.S. 225 (1927). The Judge Advocate Journal 13 tion: noscitur a sociis, if a word as of measures introduced each year. used in a statute is ambiguous, other Each measure is referred to a com­ words used with it may be considered mittee, and it is unlikely that the to determine its meaning;52 ejusdem full body will take action until the generis, where general wording is fol­ committee has submitted its report. lowed by particular wording, the gen­ Although it nominally is the presid­ eral words include only those per­ ing officer who refers a proposal to sons or things "Of the same general a committee, he acts upon the advice class as those particularly enumer­ of the parliamentarian. In a rare ated ;53 and expressio unius est ex­ case, by agreement of the chairmen clusio alterius, the mention of one of two committees concerned, a bill thing implies the exclusion of others.54 may be referred to a committee A measure is printed and distrib­ which does not normally have Jur­ uted not later than the day following isdiction over the particular type of its introduction. Far more measures legislation inV"Olved.s7 Although the are introduced in each Congress than jurisdiction of the committees is set ever have even committee hearings. forth in the rules of the Senate and Of 871,753 measures introduced in of the House, it. may happen that the Congress from 1789 through two or more committees appear to 1959, only 75,560 were enacted.55 The have jurisdiction of a particular largest number of measures intro­ measure. Occasionally the drafts­ duced in any Congress was 44,363, man of a measure will use language introduced in the 6lst Congress dur­ which will cause it to be referred ing the period 1909-1911.56 to a particular committee whereas the use of "Other language would VI. cause it to be referred to another committee. CONGRESSIONAL COMMITTEES It is in the committee that a pro­ A committee system in a legisla­ posal receives detailed consideration, tive body the size of the Congress and it is there that proponents or of the United States is a practical opponents of the proposal have an necessity since there are thousands opportunity to express themselves.

52 Wong Kam Wo v. Dulles, 236 F. 2d 622 (9th Cir., 1956); Eastman v. Armstrong-Byrd Music Co., 212 Fed. 662 (8th Cir., 1914). ss Perko v. United States, 204 F. 2d 446 (8th Cir., 1953). Compare United States v. Alpers, 338 U.S. 680 (1950). 54 Walla Walla City v. Walla Walla Water Co., 172 U.S. 1 (1898). s5 Our American Government, House Doc. No. 394, 86th Cong., 2d Sess. (1960), p. 17. 56Jd. sr E.g., see remarks of Senator McClellan, 105 Cong. Rec. 5487 (1959), upon introduction of S. 1616, 86th Cong. The Judge Advocate Journal

One who appears before a Congres­ organizations, such as the Associa­ sional committee may be an official tion of American Railroads and the representative of the executive AFL-CIO, may expend in excess of branch of the Government, he may $100,000 a year for this purpose. be a Member of Congress who is There are sixteen standing com­ not a member of that committee (or mittees in the Senate and twenty in he may be a member of the other the House. The Legislative Reorgan­ house), or he may be an individual ization Act of 194659 reduced the citizen who wishes to express his number from the thirty-three stand­ views. If a person wishes to testify ing Senate committees and forty­ concerning a partfoular proposal, he eight standing House committees may write to the committee chairman which previously had existed. The and request that he be heard. In number of members of each standing most cases the committee will permit committee varies according to the na­ him to appear and testify. The wit­ ture of the committee. The smallest ness may be the legislative represen­ committee in each house now has tative of an organization "Or corpo­ nine members. The largest of the ration. The public may look with Senate is the Committee on Approp­ misgivings upon these so-called "lob­ riations with twenty-seven members, byists," but the misgivings are not and the largest of the House is the necessarily shared by the Members Committee on Appropriations with of Congress. Although it is recog­ fifty members. nized that a legislative representa­ The members of standing commit­ tive's view may be colored by the tees nominally are appointed by the fact of his employment, it never­ full body of each house, and the pro­ theless is known that he probably portion of Democrats to Republicans is extremely well informed and can generally is the same as the propor­ be very helpful in providing facts tion of Democrats to Republicans and figures. in the full body. Actually, the stand­ The Lobbying Act of 1946 requires ing committee members are selected that a person who receives pay or by the parties prior to action by the other consideration for attempting full body and there is a formal adop­ to influence legislatfon shall file a tion of the party selections. An ex­ quarterly report with each house of ception to the proportionate represen­ the Congress, detailing his receipts, tation is the House Committee on the source of them, and his expendi­ Rules, where two-thirds of the com­ tures.58 These reports are published mittee always are from the major­ in the Congressional Record. Some ity party. Occasionally a special or

58 60 Stat. 841 (1946), 2 U.S. Code, § 267.

59 60 Stat. 812 (1946). The portion of the act which provides committee jurisdiction is not included in the U.S. Code because subject to change incident to the rule-making p"Ower of each house. For an informative com­ mentary on the purposes of the act, see Galloway, Congress at the Cross­ roads (New York: Thomas Y. Crowell, 1946). The Judge Advocate Journal 15 select committee will be designated Sciences and its House counterpart is with equal representation from the known as the Committee on Science two major political parties. and Astronautics. This difference in Generally, there are corresponding designation is not singular since the committees in the t.wo houses, al­ Senate has a Committee 'On Foreign though the Senate has a Commit­ Relations whereas the House has a tee on Finance and a Committee on Committee on Foreign Affairs. Labor and Public Welfare which Although the jurisdiction of each have no counterparts in the House, standing committee was set forth and there are no Senate counter­ in the Legislative Reorganization Act parts to the House Committee on of 1946, this was an· exercise of the Education and Labor, House Admin­ rule-making power vested in each istration, Merchant Marine and Fish­ house, and there have been many eries, Un-American Activities, Vet­ subsequent changes by simple reso­ erans' Affairs, and Ways and Means. lution. An example of the juris­ There are several joint committees, diction provided by the l!l46 act, one of the most important of which still generally in effect, is that of is the Joint Commit.tee on Atomic the House Committee on Armed Serv­ Energy.Go Special or select commit­ ices. It was given jurisdiction over tees are appointed by each house common defense generally; the mili­ from time to time as the need arises, tary departments; soldiers' and sail­ with jurisdiction generally limited to ors' homes; the pay, promotions, re­ the purpose for which appointed. They tirement, and other benefits and priv­ are discharged and cease existence ileges of members of the armed when the purpose has been served. forces; selective service; the size and A committee is termed "select" be­ compositi-on of the military services; cause the members are selected by military installations, including am­ the presiding officer of the Senate or munition depots; the consideration, the House rather than by the full development, and use of naval petro­ body. leum and shale reserves; strategic The military services may be con­ and critical materials necessary for cerned at one time or another with the common defense; and scientific many of the committees of each research and development in support house, but the ones 'Of principal in­ of the armed services.Bl terest are the Committees on Ap­ Some members of the House serve propriations, Armed Services, and ·on only one standing committee, space activities. The Senate space others serve on two, and a few committee is designated the Com­ members additionally serve on a mittee on Aeronautical and Space joint commit.tee. Some senators serve

so Established by § 15 of an act of Aug. 1, 1946, 60 Stat. 772. The oldest joint committee is the Joint Committee on the Library. 2 Stat. 56 (1800). 6160 Stat. 824 (1946). The jurisdiction of the Senate C'Ommittee on Armed Services generally i$ similar. 60 Stat. 815 (1946). 16 The Judge Advocate Journal as members of three standing com­ Massachusetts. Senator Russell was mittees and also may serve on one or the second-ranking member of the more joint committees.62 It is in­ Senate in length of continuous serv­ teresting to see, in the Senate com­ ice. mittee structure of the 86th Con­ The chairman of the House Com­ gress, how a few senators had in­ mittee on Armed Services during the terlocking committee memberships on 86th Congress was the Honorable the three committees which were of Carl Vinson of Georgia, the second most importance to the military serv­ ranking member of the House in ices. Among the Democrats, Sen­ point of service. He had served in ators Russell of Georgia, Johnson of Congress continuously since Novem­ Texas, Stennis of Mississippi, and ber 1914. Chairman Vinson headed Symington of Missouri served as the House Commit.tee on Naval Af­ members of the Committees on Ap­ fairs from 1931 until 1947, when that propriations, Armed Services, and committee and the Committee on Mil­ Aeronautical and Space Sciences. itary Affairs were abolished with the Among the Republicans, Senators creation of the Committee on Armed Bridges of New Hampshire and Services. He then served as chair­ Smith of Maine served as members man of the Committee on Armed of all three of these committees, and Services continuously except when Senator Saltonstall of Massachusetts the Republican party controlled the served as a member of the Commit­ House and he was ranking minority tees on Appropriations and Armed member. Republican chairmen of the Services. committee were the Honorable Walter The seventeen members of the Sen­ G. Andrews of New York, 80th ate Committee on Armed Services in­ Congress (1947-1948), and the Hon­ cluded, in the 86th Congress, an orable Dewey Short of Missouri, 83rd Army reserve major general, Senator Congress (1953-1954); the latter be­ Strom Thurmond of South Carolina, came Assistant Secretary of the and the only woman member of the Army in March 1957. Senate, Mrs. Margaret Chase Smith The ranking minority member of of Maine. The chairman during the the House Committee on Armed 86th Congress was Senator Richard Services in the 86th Congress was Russell of Georgia and the ranking the Honoroble Leslie C. Arends of minority member of the committee Illinois, the minority whip, serving was Senator Leverett Saltonstall of his thirteenth term in Congress. Like

e2 Senate Rule XXV, as amended, states that no Senator may serve as a member of more than two of twelve specified standing committees. No Senator may serve as a member of more than one of the four remaining standing committees. Senate Manual, Sen. Doc. No. 14, 86th Cong., 1st Sess. (1959), p. 38. Exceptions sometimes are made which stem from the desire of the majority party to control all committees and yet provide fair representation on all committees for the minority party. Minority repre­ sentation on committees is a matter of tradition; theoretically, the majority could exclude the min-.rity from all committees. The Judge Advocate Journal 17

its Senate counterpart, the House with six members chaired by Sen­ Committee on Armed Services in the ator Stennis and Special Prepared­ 86th Congress numbered among its ness Investigation Subcommittee with members an Army reserve major seven members chaired by Senator general, Congressman Leroy H. An­ Johnson were quite active in the 86th derson of Montana, commander of Congress. The House Committee on the 96th Infantry Division of the Armed Services has three standing Ready Reserve, who did not seek subcommittees, designated by num­ election to the House for the 87th ber but without fixed jurisdiction. Congress. Congressman Frank Ko­ In the 86th Congress, personnel mat­ walski of Connecticut, serving his ters usually were referred to Sub­ first term in the 86th Congress and committee No. 1, chaired by Con­ a member of the Committee on gressman Paul J. Kilday; logistics Armed Services, is a retired Regular matters usually were referred to Army colonel.63 Congressman William Subcommittee No. 2, chaired by Con­ G. Bray, also a member of the Com­ gressman Carl T. Durham (who did mittee, is an active colonel in the not. seek election to the 87th Con­ Indiana National Guard. In the 85th gress) ; and National Guard and Congress, a retired Marine Corps of­ reserve matters usually were referred ficer served as a member of the to Subcommittee No. 3, chaired by House Committee on Armed Services. Congressman L. Mendel Rivers. Brigadier General James P. S. Dev­ There were more than a half-dozen ereux, who commanded Wake Island special subcommittees of the House early in World War II. He did not Committee on Armed Services in the seek re-election to the House in 86th Congress. 1958. The committee chairman is the Most. committees have standing member of the political party hav­ subcommittees and special subcom­ ing the majority in that house of mittees are appointed as the need the Congress who has the longest arises.64 However, the Senate Com­ continuous service as a member of mittee on Armed Services has no that committee. If he is absent, the standing subcommittees. Its Special next senior member of the same po­ Military Construction Subcommittee litical party acts as chairman.65 It

a3 As to the legality of a retired military officer serving as a Member of Congress, see Blandford, It's Your Congress, 82 United States Naval Institute Proceedings 185, 187-188 (1956).

64 The Committees on Appropriations have standing Department of Defense subcommittees. Chairmen in the 86th Congress were Senator Chavez and Congressman Mahon. The House Committee on Government Operations has a Subcommittee on Military Operations. Congressman Holifield was chair­ man in the 86th Congress. 65 The committee seniority system was begun in the Senate in 1846 and in the House in 1910. Our American Government, House Doc. No. 394, 86th Cong., 2d Sess. (1960), p. 20. 18 The Judge Advocate Journal is the chairman of a committee who, mittee on Armed Services has Mr. as a practical matter, determines Robert W. Smart as chief counsel; whether a measure will be considered Messrs. John R. Blandford, Philip by a committee and the priority for W. Kelleher, and Frank M. Slatin­ consideration of measures that are shek as counsel; Mr. James A. Deak­ to be heard. Although his power ins as bill clerk; and five secretaries. rests upon the acquiescence of a ma­ Mr. John Courtney serves as special jority of the committee, it is seldom counsel, and other staff members are that the committee overrules the employed as needed. chairman. He also controls the ques­ The importance of the work of the tioning by committee members dur­ committee staff members should not ing a hearing. Thus, the chairman be underestimated. In the course of may wield a tremendous amount of a year a c-ommittee may have as influence. many as a thousand bills referred to An extremely important factor in it. The committee staff analyzes each the functioning of each Congression­ bill and informs the chairman as t.o al committee is its staff. Each com­ the ones which should have priority, mit.tee has a permanent staff and just as the members of a military may at various times have tempo­ staff do the detail work for the com­ rary staff members. Although a few mander. The staff members prepare committees have a staff member des­ analyses of bills for use by the ignated as the minority clerk or chairman or committee members. A minority staff member, the staff gen­ staff member may brief the commit­ erally is appointed on a nonpartisan tee in executive session prior to the basis and the members are scrupu­ hearing on a bill. Questions to be lously nonpartisan in their official asked during a hearing quite often activities. The different committees are prepared by the committee staff, have different designations for their and committee counsel may question staff members, and in each commit­ a witness during a hearing. Finally, tee there is a professional level and the committee report is prepared by a clerical level. the staff. The Senate Committee on Armed The great majority of the commit­ Services uses the designation "pro­ tee staff members at the professional fessional staff member" for those who level are lawyers. normally act as committee counsel­ Messrs. William H. Darden, T. Ed­ VII. COMMITTEE HEARINGS ward Braswell, and Gordon A. Nease. Congressional committee hearings Mr. Harry L. Wingate, Jr., is chief are of two types: legislative and in­ clerk, Mr. Herbert S. Atkinson is vestigative. A legislative hearing is assist.ant chief clerk, and there are one in which a bill or resolution is four permanent clerical assistants. being c-onsidered. An investigative In addition, the committee employs hearing is, as the name implies, one special counsel and investigators in which a matter is being investi­ from time to time. The House Com­ gated to determine whether legisla­ The Judge Advocate Journal 19 tion is necessary. The investigative tain questions. He was successful in hearing is far more likely to receive a habeas corpus action, the Supreme public attention, and the hearings Court holding that the Congress did which in recent years have been tele­ not have jurisdiction to inquire into vised have almost all been investiga­ the matter being investigated.69 tive in nature. An investigative Almost a half-century later, a hearing usually is conducted by a Congressional committee was author­ select committee or a special sub­ ized to investigate the failure of committee rather than by a stand· Harry M. Daugherty, former Attor­ ing committee. ney General of the United States, The Constitution does not specifi· to prosecute alleged, violations of cally authorize the conduct of in­ antitrust and monopoly statutes, and vestigative hearings, but the power Mr. Daugherty's brother failed to of the Congress to do so now is appear when summoned before the firmly established.66 One of the earli­ committee. Jailed for contempt, he est Congressional investigations was sought release in a habeas corpus by a select committee of the House action and the appeal finally was which was authorized in 1792 to in­ heard by the Supreme Court.70 quire into the failure of a military In sustaining the contempt convic­ expedition under General St. Clair.67 tion of Mr. Daugherty, the Court A Congressional investigation of pointed out that there is no provi­ John Brown's raid on the arsenal at sion of the Constitution "expressly Harper's Ferry was authorized in investing either house with power 1859.68 In 1876 a House resolution to make investigations and exact authorized a committee to inquire testimony to the end that it may into the bankruptcy of Jay Cooke & exercise its legislative function ad­ Co., and a witness called by the visedly and effectively," so it is ap­ committee was jailed for contempt propriate to inquire "whether this after having refused to answer cer- power is so far incidental to the

66 With respect to Congressional investi•;rnti:ons, see Morgan, Congressional Investigations and Judicial Review, 37 Calif. L. Rev. 556 (1949); Landis, Constitutional Limitation.~ on the Congressional Power of Investigation, 40 Harv. L. Rev 153 (1926); Dimock, Congressional Investigating Committees (Baltimore: Johns Hopkins Press, 1929); and Eberling, Congressional In­ vestigations (New York: Columbia Univ. Press, 1928). Also of interest is a compendium of cases compiled by the Legislative Reference Service of the Library of Congress entitled Congressional Power of Jnvestiqation and published as Senate Doc. No. 98, 83d Cong., 2d Sess. (1954). The Spring 1951 issue (vol. 18, p. 421 et seq.) of the University of Chicago Law Review is devoted entirely to a symposium on legislative investigations. 67 2 Annals. Cong. 490 (1792).

68 Cong. Globe, 36th Cong., 1st Sess. (13 Dec 1859), p. 141.

69 Kilbourn v. Thompson, 103 U.S. 168 (1880).

10 McGrain v. Daugherty, 273 U.S. 135 (1927). 20 The Judge Advocate Journal legislative function as to be implied." fixing the meaning of those pro­ The Court said: visions, if otherwise doubtful." 12 "In actual legislative practice The Court then concluded: power to secure needed information " * * * A legislative body can­ by such means has long been not legislate wisely or effectively in treated as an attribute of the the absence of information re­ power to legislate. It was so re­ specting the conditions which the garded in the British Parliament legislation is intended to affect or and in the Colonial legislatures change; and where the legislative before the American Revolution; body does not itself possess the and a like view has prevailed and requisite information-which not been carried into effect in both infrequently is true-recourse must houses of Congress and in most be had to others who do possess 71 of the state legislatures." it. Experience has taught that After pointing out that the investi­ mere requests for such informa­ gation of General St. Clair's cam­ tion often are unavailing, and also paign was authorized by the House that information which is volun­ of Representatives when it numbered teered is not always accurate or among its members James Madison, complete; so some means of com­ "who had taken an important part in pulsion are essential to obtain framing the Constitution only five what is needed. All this was true years before, and four of his associ­ before and when the Constitution ates in that work," the Court con­ was framed and adopted. In that tinued: period the power of inquiry-with enforcing process-was regarded "We are of the opinion that the and employed as a necessary and power of inquiry-with process to appropriate attribute of the power enforce it-is an essential and to legislate-indeed, was treated appropriate auxiliary to the legis­ as inhering in it. Thus, there is lative function. * * * So, when ample warrant for thinking, as we their practice in the matter is ap­ do, that the constitutional provi­ praised according to the circum­ sions which commit the legislative stances in which it was begun and function to the two houses are to those in which it has been con­ intended to include this attribute tinued, it falls nothing short of a to the end that the function may practical construction, long con­ be effectively exercised." 1s tinued, of the constittuional pro­ visions respecting their powers, The Supreme Court since has ad­ and therefore should be taken as hered to its view that Congressional

11 Id., p. 161. 72 /d., p. 174. 73 Id., p. 175. The Judge Advocate Journal 21 committees have the power to con­ mittee on Rules may meet when the duct investigative hearings.74 But full body (Senate or House) is in nevertheless has held that the pro­ session without permission of the priety of an individual hearing may full body,77 although this has been be questioned, such as the case in relaxed with respect to the Commit­ which a quorum of the c-ommittee is tees on Appropriations. Both the Sen­ not present,1s or the committee ex­ ate and House usually convene at ceeds the limits set by the Senate or noon, but one house or the other House in authorizing the investiga­ occasionally may have a morning tion.76 session and this must be considered With respect to legislative hear­ in scheduling committee meetings. ings, it is unlikely that there will The regular meeting time of the be a hearing on any bill unless spe­ Senate Committee on Armed Services cifically requested by the one who is at 1030 hours on Thursday; the introduced it. Most bills initially regular meeting time of the House are heard by subcommittees unless Committee on Armed Services is at of unusual importance. The Com­ 1000 hours on Tuesday. Committee mittees on Appropriations have per-­ hearings usually are open and may manent subcommittees which hear be attended by the public. A com­ specific portions of appropriations mittee may meet in closed or execu­ bills. As a matter of fairness, the tive session either to hear classified chairman may grant a hearing on a information affecting national secu­ bill which he personally opposes. If rity (in which case only witnesses he refuses to hold a hearing, a ma­ and others authorized to have access jority of the committee may force to the information may be present) a hearing, or a majority of the or for the consideration of committee Senate or House may vote to dis­ business such as the private discus­ charge the committee from further sion of a bill (in which case only consideration of the bill, but these committee members and staff person­ are unusual procedures and seldom nel may be present). are used. Notice of a committee meeting Most committees have regular usually is given a few days or even meeting days although they may a few weeks in advance. Although meet on other days or they may fail the committee staff will notify agen­ to meet for several weeks at a time. cies of the executive branch of the The Legislative Reorganization Act Government who are required to of 1946 provides that no standing furnish witnesses, and will notify committee other than the House Com­ those who have requested that they

74 Barenblatt v. United States, 360 U.S. 109 (1959).

15 Christoffel v. United States, 338 U.S. 84 (1949).

76 United States v. Rumely, 345 U.S. 41 (1953). n § 134, act of 2 Aug 1946, 60 Stat. 831. 22 The Judge Advocate Journal be heard by the committee, advance chairmen insist that there be at least notice to others may be only a card one committee member from each placed on the bulletin board of the political party present for all por­ committee office. On the morning tfons of a hearing. Because of the of the hearing, a notice of it will pressure of other Congressional busi­ appear in the Congressional Record ness, it is not uncommon for some and in the Washing ton Post and of the committee members to arrive Times-Herald. late and for others to leave during If a bill concerns an agency of the proceedings. the executive branch of the Govern­ The arrangement of the hearing ment, that agency usually will be room usually has the committee mem­ asked to furnish a witness. In an bers seated at a table with the unusual case, the committee may chairman in the center, Democrats request a named individual, such as to one side and Republicans to the the Secretary of the Army or the other, arranged according to length Chief of Staff, but the choice usually of service as members of the com­ is within the discretion of the agency mittee. Committee members of the furnishing the witness. If the wit­ majority party usually are seated ness is the Secretary or Assistant to the right of the chairman although Secretary of a military service or this is reversed in some committees. other executive agency, or a military Seated facing the committee mem­ chief of staff or general or flag offi­ bers is the witness, who may have cer, he usually will be expected to others seated with him to provide testify only concerning broad policy factual information during question­ matters. In such case he ordinarily ing. Also in front of the committee will be accompanied or followed by are committee counsel and the re­ others who are prepared to relate porter. A portion of the hearing details and statistics. room is reserved for spectators, who Committee or subcommittee hear­ if it is an open hearing, may arrive ings have less formality than ses­ and depart as they choose, although sions of the Senate or House. The excessive noise in moving about may committees are authorized to estab­ bring a rebuke from the chairman. lish their own rules of procedure and there may be a wide variation The chairman, after calling the between different committees. Ordi­ committee or subcommittee to order, narily, the committee rules of pro­ usually announces the purpose of cedure are not published and famili­ the hearing and administers an oath arity with them must be obtained by to the witnesses if they are to be personal contact. A hearing may be sworn. The swearing of witnesses is held even though only a few com­ discretionary with the committee, and mittee members are present. The they usually are sworn in an in­ question of a quorum seldom is vestigative hearing but seldom in a raised unless there is a vote on an legislative hearing. The chairman important proposal. Some committee may make a short statement as to The Judge Advocate Journal 23

the purpose of the hearing prior to service as members of the commit­ calling the first witness. tees until all have had an opportu­ A witness in a legislative hearing nity to pose questions. almost always begins by reading a One who testifies as the repre­ prepared statement, and sometimes sentative of an agency in the execu­ this will be done in an investigative tive branch of the Government (such hearing. The statement identifies the as the Department. of the Army) witness and, if appropriate, indicates will present the position of the agen­ his representative status. For ex­ cy he represents in his prepared ample, he may say, "I represent the statement. During the questioning Department of the Army on behalf which follows, if the witness is not of the Department of Defense on the certain that the answer to a ques­ bill under consideration." The state­ tion is in conformance with the pol­ ment should give the purpose of the icy of the agency he represents, he proposal (if a legislative hearing) should make it clear to the commit­ and some details as to the effect of tee that he is expressing only his enactment. The witness may give personal view rather than speaking the cost to the Government if the on behalf of the agency. If asked a proposal is enacted. He may recom­ question requiring the giving of mend that the proposal be enacted, or classified information, the witness urge that it not be favorably consid­ should respectfully inform the com­ ered, or he may in a rare case say, mittee that he cannot answer in "The Department has no objection to open session. If the witness is asked enactment." The statement should for information which he does not close with an expression of apprecia­ have, he should so state but offer to tion to the committee for the oppor­ furnish the information later for the tunity of being heard and an expres­ record. sion of willingness to answer ques­ There may be only one witness tions.78 during a hearing or there may be Seldom is a witness excused with­ many. A hearing may last several out being questioned. The questions days, or it may move so rapidly that may be searching, in rare cases they several bills can be considered in may be embarrassing. Unless the one sitting. After completion of the chairman intervenes, they may not testimony, the committee or subcom­ even be relevant. The chairman be­ mittee may act at the time in open gins the questioning and then calls session, or discuss the matter in upon the ranking minority member closed session, or defer action until of the committee who is present. a later date. The committee may Thereafter he alternates, majority meet in closed session to "mark up" and minority according to length of a bill, which means consideration

78 Guidance for witnesses who represent the Department of the Army is provided by DA Memo 1-24, 17 Feb 1959. The Comptroller of the Army has issued a pamphlet to provide guidance for witnesses who testify before the Committees on Appropriations. 24 The Judge Advocate Journal section-by-section and amendment to from the committee (usually on the express the committee views. If the morning following his testimony), amendments are extensive, to obvi­ edit it, and return it to the commit­ ate printing each amendment in the tee within one to three days, depend­ reported bill, a member of the com­ ing upon the requirements of the mittee may introduce a "clean bill," particular committee. Typographical which will have a different numerical and grammatical errors may be cor­ designation. The hearings previously rected, but committee permission is held need not be repeated for the required for changes in substance. clean bill. If a hearing on a bill or resolu­ A stenographic transcript is made tion has been by a subcommittee, of each open hearing and may, with­ consideration by the full committee in the discretion of the committee, usually will consist only of a brief be made of a closed or executive report by the subcommittee chair­ session. In the latter case the tran­ man. There may be discussion by script. is carefully marked "Execu­ the full committee and there may be tive" and is safeguarded in a man­ a roll-call vote. If the proposal is ner similar to that of the military not controversial, the chairman may services in safeguarding classified in­ announce, "Without objection the bill formation. The reporters are pro­ will be favorably reported," and move vided by commercial concerns on a to the next business at hand. contract basis, but they are author­ A committee which favorably re­ ized access to classified information ports a bill or resolution to the by a clearance procedure somewhat Senate or House must file a report like that used by the military serv­ which explains the nature of the ices. The transcript is prepared im­ proposal and the reasons for the mediately after the hearing and is recommendation of the committee. available the following morning. If a The committee report of a measure hearing continues for several days, which will repeal or amend existing each day's transcript is available on law must include a comparative the morning following that day's print showing the existing law to session. Only a few copies of the be changed and the proposed changes, transcript are prepared and they are using stricken-through type and ital­ reproduced by a duplicating process. ics, or parallel columns, or some One having a legitimate need for it ot.her appropriate typographical de­ may be authorized by the committee vice. This is required by the "Ram­ to purchase a copy of a transcript seyer" rule of the House, and the but the order must be placed prior to changes indicated are those in the the close of a day's session if the measure as introduced. The "Cordon" transcript for that. day is desired. rule of the Senate provides a similar Most of the committees extend to requirement except that the changes witnesses the courtesy of editing are those in the measure as reported their testimony. In such a case the by the committee. The committee witness must obtain the transcript report may include the full tran­ The Judge Advocate Journal 25

script of testimony received during day of each month. If the commit­ the hearing. One or more members tee to which a measure has been of the committee may dissent and file referred has not acted after the a minority report. A minority re­ passage of thirty days, any mem­ port does not necessarily mean that ber of the House may move that the it represents the views of the minor­ committee be discharged from fur­ ity political party. In addition to a ther consideration of the measure, minority report, one or more mem­ and the motion is placed upon the bers of the committee may express Discharge Calendar. individual views. The rules of the House require that all measures involving tax, ap­ VIIL propriations, or the ' expending of money previously appropriated must, CONSIDERATION BY THE HOUSE before being acted upon by the The procedure for committee con­ House, be considered by the Commit­ sideration generally is similar in the tee of the Whole House on the State two houses, but there are differences of the Union. The House resolves in the floor consideration (the term itself into this committee for con­ generally used for consideration by sideration of measures on the Union the full body). A measure of a pub­ Calendar. One hundred members con­ lic nature reported favorably to the stitute a quorum rather than the House 79 is placed on the Union usual 219. The Speaker appoints a Calendar if it is for raising revenue chairman to preside and leaves the of appropriating money or property, either directly or indirectly; other­ chair. At the conclusion of the con­ wise it is placed on the House Cal­ sideration of a bill, the Committee endar. A private bill is placed on of the Whole (as it usually is the Private Calendar which normal­ termed) rises and reports to the ly is called on the first and third House and the House proceeds to act Tuesday of each month. There is a upon the recommendation of the Consent Calendar, normally called on Committee of the Whole. At the time the first and third Monday of each the House resolves itself into the month, which will be discussed later. Committee of the Whole, the mace Although not. frequently used, there (a bundle of 13 ebony rods bound is a Discharge Calendar, normally with silver surmounted by a silver called on the second and fourth Mon­ ball on which stands a silver eagle

79 The basic procedural guide used in the House is Constitution, Jefferson's Manual and Rules of the House of Representatives (House Doc. No. 458, 85th Cong., 2d Sess. (1959), for use in the 86th Cong.), revised for each Congress by Lewis Deschler, House Parliamentarian. Also used are Hinds' and Cannon's Precedents of the House of Representatives (published by the Government Printing Office in eleven volumes, the last of which was issued in 1941) and Cannon's Procedure in the House of Representatives (House Doc. No. 122, 86th Cong., 1st. Sess. (1959)). 26 The Judge Advocate Journal with outspread wings-the visible will specify the maximum number symbol of Government, used by the of hours of debate (perhaps as sergeant-at-arms to preserve order) much as four hours if the measure is removed from its usual pedestal. is particularly important) in the Thus, a spectator may determine Committee of the Whole if the bill whether the House or the Committee is on the Union Calendar, or in the of the Whole is in session. House if on the House Calendar. A measure on either the House Half of the debate time is controlled or the Uni·on Calendar may be placed by the chairman of the committee upon the Consent Calendar by any which reported the bill, the other member of the House. This calendar half by the ranking minority mem­ is for measures which are not ex­ ber of the committee. A member pected to be controversial. When the wishing to be heard will tell the floor Consent Calendar is called, proposals manager of his party, who will allo­ on it are read by title only and the cate the time. The resolution of the Speaker asks only if there is an Committee on Rules also determines objection. One objection will cause the type of rule which will be grant­ a bill to be deferred until the next ed. If an open rule is granted, calling of the Consent Calendar: amendments can be proposed and three objections result in the bill debated on the floor of the House. being stricken from the Consent Cal­ No floor amendments are permitted endar and returned to the Union or on a closed rule. If a modified rule House Calendar. Each party has is granted, amendments are permit­ three "official objectors" and these ted only by the committee which members automatically object if the held hearings on the measure. The bill appropriates more than a fixed granting of an open rule on an ex­ amount of money, if they consider tremely controversial proposal may that it has aspects requiring ex­ result in the measure being amend­ planation and debate, or upon re­ ed so drastically that it is unrecog­ quest of members of their party. If nizable to the sponsor. This may there is no objection upon a measure result in recommittal to the com­ being called on the Consent Calendar, mittee and relegation to obscurity. it is passed unanimously without There are two other ways of ob­ debate. taining consideration of a measure A measure placed on the Union or House Calendar is given a cal­ by the House. On what is known endar number. If the measure is of as Calendar Wednesday, the Speaker sufficient importance, the chairman calls the committees in alphabetical of the committee which reported it order and a committee chairman may (or a committee member designated call up for consideration any bill by him) may ask for a "rule." The which his committee previously has Committee on Rules is requested to reported. Debate is limited to two present a resolution for immediate hours. On the first and third Mon­ floor consideration. This resolution day of each month, and during the The Judge Advocate Journal 27 last six days of a session, a motion Whole, or one-fifth of the House as may be made to suspend the rules the case may be) may demand a roll­ and consider any measure on the call vote, in which case the vote of Union or House Calendar. The mo­ each Member is recorded. tion must be seconded by a majority If a Member anticipates that he and adopted by two-thirds of the will be absent, he may find another Members voting, a quorum being Member having opposite views who present. Debate is limited to forty also will be absent. They may ar­ minutes. range to have themselves announced The prolonged speeches in the Sen­ as "paired" so that their views will ate which are known as filibusters be expressed for the :record. How­ are not possible in the House since ever, these "pairs" are not counted in no case may a member speak for as votes and merely express the mem­ more than one hour without the bers' views for the record. unanimous consent of the House. Immediately after passage of a Occasionally a member who speaks measure by the House, it is custo­ in the House will ask permission to mary for a Member to move that it "revise and extend" his remarks. In be reconsidered, and the motion is such case he may speak for only one or a few minutes but the re­ "laid on the table" and is lost for mainder of his speech will appear in lack of action upon it. The reason the Congressional Record as though is that a House vote is not final he had delivered it on the floor of until there has been an opportunity the House. to reconsider it. The usual method of voting on a After favorable action upon a measure is for the Speaker to say, measure, it is "engrossed" by the "As many as are in favor, say enrolling clerk to provide an exact 'aye,'" followed by "As many as are copy as passed by the House, includ­ opposed, say 'No,'" and then deter­ ing amendments adopted during the mining the outcome by the volume. floor consideration.so After favor­ If the outcome is close, a division able action by one house, a bill there­ may be demanded, and those in favor after is known as an "act". The arise and are counted, following engrossed copy is signed by the Clerk which those opposed arise and are of the House and is delivered to the counted. One-fifth of the House may Senate with traditional ceremony. demand a teller vote, in which case the Speaker appoints a teller from IX. each party, and the Members pass CONSIDERATION BY THE SENATE between the tellers to be counted. One-fifth of those present (as opposed A measure which has been passed to one-fifth of the Committee of the by the House, upon being received

so 61 Stat. 634 (1947), 1 U.S. Code, § 106. 28 The Judge Advocate Journal by the Senate,81 is referred to the ginning with the one following the appropriate Senate committee, just last bill considered on the previous as a Senate-passed measure is re­ calendar call. Each senator may ferred to the proper House commit­ speak five minutes, and an objection tee. The hearing in the second house may be interposed at any time to to consider a measure may be as further consideration uf the bill on extensive as the hearing in the origi­ that calendar call. Upon motion, nal house, although often the hear­ further consideration may be given ing may be abbreviated because reli­ to a bill after completion of the ance is placed upon the committee calendar call, and time limitations repurt of the other house. do not apply. On any day except When a Senate committee reports Monday, following notice of the con­ a bill favorably, the committee chair­ clusion uf the preliminary proceed­ man or a senator designated by him ings known as "morning business," announces on the floor that he is any senator gaining recognition may reporting the bill and he may ask move to take up any bill on the cal­ for unanimous consent to consider endar, regardless of its place on the it immediately. If it is noncontro­ calendar. There is no time limita­ versial in nature, it may be passed tion upon debate and it may con­ with little or no debate. If there is tinue until the presiding officer calls an ubjection to immediate considera­ up the unfinished business of the tion, it must lie over for a day and day. At that point it becomes the is placed upon the calendar. The unfinished business for consideratiun Senate has but one calendar and the on a later day. rules of the Senate require that the It is the policy committee of the calendar be called on each legislative majority party, represented on the day. The Senate quite often will floor of the Senate in the person of recess rather than adjourn at the the majority leader, that determines end of a day to obviate the necessity the time at which a bill will be called of calling the calendar the following for debate. The motion to call a bill day. Thus, the Congressional Record for debate is itself debatable, and often will show at the beginning of may result in lengthy speeches known the Senate proceedings a "legislative as filibustering. In most cases there day" several days or even weeks is Il'O time limit for debate in the prior to the actual day. Senate unless the cloture rule is in­ Upon the call of the calendar, voked, which requires the signature bills are considered in the order in of sixteen senators and a two-thirds which placed upon the calendar, be­ vote of the total membership of the

81 The Senate Manual, Senate Doc. No. 14, 86th Cong., 1st Sess. (1959), which is revised for each Congress, governs basic procedure in the Senate. Also used is Watkins and Riddick, Senate Procedure (printed by the Gov­ ernment Printing Office in 1958 pursuant to Public Law 504, 84th Cong.). The authors are the Parliamentarian and the Assistant Parliamentarian of the Senate. The Judge Advocate Journal 29

Senate. Although a senator may not was continuously in session beginning speak more than twice upon any one at noon on February 29-125 hours question in debate on the same day and 31 minutes. without leave of the Senate, once he Whereas amendments on the floor has gained recognition, a senator of the House may be limited by the may continue to speak without limit resolution of the Committee on Rules, and yield the floor only to whom he there is no such limitation on the pleases. Prior to 1806, Senate debate floor of the Senate. The amendment could be ended by calling for the need not be germane unless an ap­ previous question, but from that date propriations act is involved, and even until 1917 there was no limit on in this case a "rider" proposing sub­ Senate debate. The famous Rule 22 stantive legislation may be added then was adopted which permitted upon the giving of a one-day notice two-thirds of the members of the in writing and suspension of the Senate to end debate but with the prohibitory rule by a two-thirds vote. provision that there should be no The vote upon a bill in the Senate limit on debate to amend the rules. usually is viva voce although, as in In 1959 the rule again was modified the House, one-fifth of the members by adoption of the present require­ present may require a roll-call vote. ment. Some rather interesting fili­ A Senator who voted in favor of a buster records have been established bill or one who abstained from vot­ in the Senate. The record is held by ing may, within two days after a Senator Strom Thurmond who, in favorable vote upon a bill by the 1957, spoke for 24 hours and 18 Senate, move for reconsideration. If minutes against a civil rights bill. there was no record vote, any Sena­ The previous record was established tor may move for reconsideration. in 1953 by Senator Wayne Morse, The motion usually is tabled. who spoke for 22 hours and 26 min­ utes against a tidelands off-shore bill, X. CONFERENCE AND and the record prior to that, estab­ PRESIDENTIAL ACTION lished by Senator Robert M. La­ If the Senate passes a House meas­ Follette, Sr., was 18 hours and 23 ure without amendment, or if the minutes against a financial bill. Fili­ House passes a Senate measure with­ bustering in the Senate also has out amendment, it is returned to the caused some long continuous meet­ house in which it originated for en­ ings of the body. The record was rollment on parchment paper and established in 1960 when the Senate forwarding to the President for his adjourned on March 5 after 82 hours approval. At this state it becomes and 3 minutes without recess. South­ known as an enrolled enactment.82 ern senators talked in opposition to a If a measure is amended in the sec­ civil rights bill, in relays, and except ond house in which it is considered, for a fifteen-minute recess, the body it is returned to the house in which

8261 Stat. 634 (1947), 1 U.S. Code, § 106. 30 The Judge Advocate Journal

it originated with a request that less there is a further effort to reach there be concurrence in the amend­ an agreement. ments. If the amendments are minor The confereees may reconvene sev­ in nature, there may be concurrence eral times, with or without instruc­ without 'Objection. It usually is the tions from the full bodies, in an chairman of the committee which effort to reach agreement. After originally reported the bill who takes one failure, informal discussions may the initiative in securing concurrence be held by the conferees in an effort without objection. to find a basis for resolution 'Of dif­ If the amendments are substantial ferences before another formal meet­ in nature, the house in which the ing of the conferees is held. If measure originated may refuse to there is a sharp difference between concur and request a conference. the views of the houses, the stronger This house will appoint three or bargaining position ordinarily is held more conferees, usually the ranking by the house which has the least majority and minority members of desire for enactment of the measure. the commit.tee which originally re­ Upon a resolution of differences by ported the measure. If the other the conferees, a Conference Report house appoints conferees, they like­ is prepared which recites the action wise will probably be the ranking taken with respect to each point of majority and minority members of disagreement. This recital will state the committee which considered the that one house or the other recedes measure. The Senate conferees vote or recedes with amendment. Staff among themselves, and the House personnel of the committee of each conferees vote among themselves, house which initially reported the with 'One final conference vote for measure ordinarily attend the con­ each house on each question, so the ference sessions and prepare the re­ number of conferees is not important. port, with or without assistance of The conferees are limited in their the legislative counsel of one or both consideration to those portions of the houses. The House conferees also measure in which there is disagree­ prepare, in addition to the committee ment. No substantive amendments report, a statement of the House which do not involve the areas of managers which explains the action disagreement may be proposed by the taken by the conferees. There is no conferees. If there is a difference in comparable Senate requirement. amounts in a measure, the conferees It may be observed that there is are limited to the range between the no mandatory requirement that the two amounts passed by the different conferees ever actually meet, and houses. The measure as agreed upon periods of more than a month have by the conferees will be reported passed without a meeting of con­ to each house and usually will be ferees. adopted without objection. If either After a measure has been passed house fails to adopt the conference by each house of the Congress, it is rep'Ort, the measure is defeated un­ presented to the President for his The Judge Advocate Journal 31

approvaJ.83 If the President ap­ est priority within each agency of proves the measure, it becomes law. the executive branch. If the President objects to the meas­ XI. LEGISLATIVE PUBLICATIONS ure, he may veto it by returning it AND HISTORY to the house in which it originated, expressing his objections.84 If each There are a number of publica­ house approves the measure by a tions designed to provide timely in­ two-thirds vote after a veto, it be­ formation concerning federal legisla­ comes law without Presidential ap­ tive activities, and there are publica­ provaJ.85 If the President fails to tions necessary to the legislative approve or disapprove a measure process which constitute the legisla­ within ten days after it is presented tive history of the proposals which to him (Sundays excepted), it be­ become law. comes law without his approval un­ At the beginning of each session less the Congress by adjournment of Congress, a Congressional Direc­ prevent its return, in which case it tory is published which includes bi­ shall not become law. The latter is ographies of the members, committee known as a "pocket. veto." assignments, principal officials of the The ten-day period after which a executive and judicial branches of measure is presented to the Presi­ the Government, and accredited press dent for his approval is a busy one. representatives. Each house of the Congress publishes a calendar for The Bureau of the Budget sends the each day that such house is in ses­ enrolled enactment to each agency sion. The calendar lists only those of the executive branch of the Gov­ proposals which have been reported ernment which may have an interest by the committees and those which in it with a request for advice as are in conference, although the House to the action which the President calendar additionally gives the legis­ should take. If an agency recom­ lative history of each proposal which mends a veto, it drafts a veto mes­ has been reported by a House com­ sage for use by the President. Need­ mittee or has been passed by the less to say, the processing of an Senate. Each house is required by enrolled enactment is given the high­ the Constitution to keep a journal

83 U.S. Const., Art. I, § 7. 84 President Franklin D. Roosevelt, during the twelve years, one month, and eight days which he served, vetoed 631 measures, of which 260 were pocket vetoes. The next largest number was by President Cleveland, who vetoed 584 bills, including 238 pocket vetoes, although a very large number were private pension bills. President Truman vetoed 250 bills (including 70 pocket vetoes), President Hoover vetoed 37, President Coolidge vetoed 50, President Harding vetoed 6, and President Wilson vetoed 44. Our American Government, House Doc. No. 394, 86th Cong., 2d Sess. (1960), p. 26. 85 From 1789 through 1959, Presidential vetoes were overridden only 72 times. Id., p. 27. 32 The Judge Advocate Journal of its proceedings and from time to following the day of the proceedings time publish it except for those parts reported. It costs the Government which may require secrecy,sG but the about $80 per page to print the journal includes only a summary of Congressional Record, and individuals the proceedings. may subscribe to it.B9 The cumula­ A stenographic transcript is made tive issues of the Congressional Rec­ of all proceedings in each house and ord are bound in permanent form these (except for executive sessions B7 and it is the bound volumes, the of the Senate) are published each pagentation of which may not always day in the Congressional Record.BB conform to that of the daily issues, There are eight official reporters in which is cited for the legislative his­ the Senate (with an assistant, two tory of an act. A new volume num­ clerks, and five expert transcribers) ber is used for each year, but there and a like number in the House may be as many as fifteen or more (with a clerk and eight expert tran­ separately-bound parts for a volume. scribers). The reporters work in The Congressional Record was estab­ short relays and they do not sit at lished in 1873. Prior to that time, a table but walk about the floor to the debates of Congress were re­ stand near the one who is speaking ported only in unofficial publications. as they make their shorthand notes. One of these, the Congressional As soon as a reporter is relieved, he Globe, reported the proceedings of dictates his notes into a mechanical Congress from 1830 until 1873.90 device, they are transcribed, and the The legislative history of a law 91 member who has spoken is given an includes the text of the bill as intro­ opportunity to make minor correc­ duced and any amendments, the tions. By midnight the Congressional transcripts of the hearings, the re­ Record is being printed and the ports of the committees, the debates printing requires about two hours. in the House and the Senate, and It is delivered early on the morning in rare cases, the text of similar

Be U.S. Const., Art. I, § 5. B7Executive sessions are to be distinguished from "executive business" of the Senate, such as confirmations of executive appointments and consider­ ation of treaties. These may be considered in open session. "Executive business" is to be distinguished from "legislative business" which is the con­ sideration of measures. 88 A private concern, Congressional Record Clippings, Suite 510, 1868 Columbia Road, N.W., Washington 9, D.C., provides a clipping service for those who subscribe to it. 89 Government, Printing Office, $1.50 per month. 9 °For an interesting history of Congressional reporting, see 104 Cong. Rec. A1623 (1958). 91 See Finley, Crystal Gazing: The Problem of Legislative History, 45 Amer. Bar Assn. Jour. 1281 (1959). The Judge Adovcate Journal 33 bills which have been introduced. of the testimony taken by the com­ The courts may consider legislative mittee if it is printed (although in history an import.ant factor in de­ many cases there will be no printed termining the interpretation which transcript). The Legislative Refer­ should be given a law,02 although ence Service of the Library of Con­ an eminent jurist expressed the gress issues a Digest of Public Gen­ opinion that resort to legislative his­ eral Bills and Selected Resolutions tory is only justified where the face with about five cumulative issues of an act is inescapably ambiguous, each session and supplements about and then it should be limited to the once each two weeks between cumula­ committee reports since the Presi­ tive issues.94 Commerce Clearing dent, in approving a measure is not House 95 publishes the Congressional assumed to endorse the entire Con­ Index, a loose-leaf service with week­ gressional Record.0a ly supplements, which includes a One who has a legitimate need digest of each measure introduced, for a bill which has been introduced its status, the voting records of usually may obtain a copy of it from individual Members of Congress, a the C'Ommittee to which it has been weekly summary of Congressional ac­ referred. The same is true of the tivities, and a subject index of each committee report and a transcript measure introduced.9 6 West Publish­

02 E.g., United States v. St. Paul, Minneapolis & Manitoba Railway Co., 247 U.S. 310 (1918), remarks of a committee chairman; Wright v. Vinton Branch, 300 U.S. 440 (1937), a committee report; Federal Trade Com­ mission v. Raladam Co., 283 U.S. 643 (1931), the floor debate; and Helver­ ing v. Twin Bell Oil Syndicate, 293 U.S. 312 (1934), reference to prior legislation. Also see Moorehead, A Con,qressman Looks at the Planned Colloquy and Its Effect in the Interpretation of Statutes, 45 Amer. Bar Assn. J our. 1314 (1959).

93 Mr. Justice Jackson in a concurring opinion in Schwegmann Bros. v. Calvert Corp. 341 U.S. 384, 396-397 (1951), in which he also said: "More­ over, there are practical reasons why we should accept whenever possible the meaning which an enactment reveals on its face. Laws are int.ended for all of our people to live by; and the people go to law offices to learn what their rights under those laws are. * * * Aside from a few offices in the larger cities, the materials of legislative history are not available to the lawyer who can afford neither the cost of acquisition, the cost of housing, or the cost of repeatedly examining the whole C"Ongressional history. Moreover, if he could, he would not know any way of anticipating what would impress enough members of the Court to be controlling. To accept legislative debates to modify statutory provisions is to make the law in­ accessible to a large part of the country." 94 Government Printing Office, $10 per session. 95 425 13th St., N.W., Washington 4, D. C. 96 A weekly report of Congressional activities is issued to its subscribers by Congressional Quarterly, 1156 19th St., N.W., Washington 6, D. C. 34 The Judge Advocate Journal ing Company 9 7 publishes the U. S. in fifty titles according to subject. Code Congressional and Administra­ Only fifteen of the fifty titles thus tive News twice monthly while Con­ far have been enacted into positive gress is in session, cumulated in law, but the process of preparing bound volumes at the end of the ses­ other titles for enactment is con­ sion, which includes the text of each tinuing. A new edition of the law enacted and the principal com­ United States Code is published every mittee reports. six years with a cumulative supple­ A public law is given a numerical ment after each regular session of designation by the National Archives Congress. and Records Service. Prior to 1957, An individual or library desiring the designation was, for example, to receive all Congressional material Public Law 145, 84th Congress, which may subscribe to it, by session of indicated that it was the one hundred Congress, from the Government and forty-fifth public law enacted by Printing Office. There are various that Congress. Since the beginning classes of subscriptions, such as all of the 85th Congress in 1958, the public bills, all private bills, all re­ designation has included the numeri­ ports of public bills, all reports of cal designation of the Congress fol­ private bills, all printed transcripts lowed by a hyphen and the number of hearings, all Senate and House of the law, such as Public Law 85­ documents and all slip laws. One 143. A public law first is issued desiring to subscribe must make a as a "slip law," with a separate deposit at the beginning of the ses­ pamphlet for each law. At the end sion in an amount which will cover of a session of Congress, laws en­ the average cost; he is charged for acted during that session are issued the actual cost, however, which may in bound volumes, with one volume for public laws (sometimes in two or be less or greater than his deposit. more parts, or separate bindings) The cost for all subscriptions during and another for private laws. These a session of Congress is considerably volumes are entitled Statutes at in excess of $1,000. One wishing to Large and provide the official refer­ purchase an individual report or ence to a law. The public laws of document may do so only if it has a general and permanent nature are been printed in sufficient quantity for compiled by the National Archives sale to the public, although an ad­ and Records Service and published vance order may be placed before by the Government Printing Office the printing if one wishes to insure in the United States Code which is that he will receive it.

97 50 Kellogg Blvd., St. Paul 2, Minn. THE 1960 ANNUAL MEETING

The Annual Meeting of the Asso­ Judge Ferguson pointed out that ciation was held in the United States young lawyers in the Services are Court of Military Appeals at Wash­ trying tremendously important crim­ ington, D. C., on August 30, 1960. inal cases. While the Trial Counsel About 150 of the members were has the assistance of a Staff Judge present. Advocate and his entire staff, the Captain Robert G. Burke, USNR, Defense Counsel usually is without of New York City, presided. After the benefit of senior counsel and is the usual reports, Captain Burke completely on his own. He urged called upon Associate Judge Homer that the Services might consider a Ferguson who welcomed the members program for the special training of of the Association to the Court Defense Counsel along the lines of House and expressed pleasure that the Army's Law Officer Program. so many people have a continuing He closed his remarks with a quota­ interest in the field of military jus.­ tion from General Lemnitzer to the tice. He commended the Association effect that the Armed Services and for its help in keeping that interest the American people should take alive. He reported that the Court pride in the positive strides taken is current with its docket and that in the administration of military jus­ actually the number of cases coming tice which have brought our troops to the Court for review has been to the highest state of discipline in declining. The reasons Judge Fergu­ their history. son assigned for this reduced work The Judge Advocates General of load were: First, cases are tried bet­ each of the Services also made brief ter in the courts below; second, ad­ reports concerning their offices, prog­ ministrative separations are eliminat­ ress and problems. ing from the Services many unsuit­ One of the interesting items of able persons who are chronic offend­ discussion raised from the floor of ers; third, the use by the Army and the meeting was the Connally Navy of negotiated pleas has re­ Amendment under which the United duced the possibility of reviewable States reserved its right to determine error; and fourth, the Army's Law what causes, if any, it will submit Officer Program resulting in the to the jurisdiction of the Interna­ establishment of a Military Field tional Court of Justice at the Hague. Judiciary has had the effect of elim­ The American Bar Association had inating much trial error. Judge heretofore opposed the Connally Ferguson expressed concern about Amendment and that matter was the adequacy of the protection af­ again before the House of Delegates. forded the soldier administratively After some · heated and well con­ discharged because such discharges sidered debate on the floor, the mem­ are often, in the popular mind, con­ bership of the Association passed a sidered to be punitive. resolution to support the repeal of 35 w ""'

>-3 ::r (t> ..... i::=.. (JQ (t> >=.. ~ 0 ".... "'(t> ..... 0 i:: The 1960 Annual Banquet: A view of the veranda at Bolling A.F.B. Officers' Club showing some ;i of the members and guests. E.. 'l'he Judge Advocate Journal 37 38 The Judge Advocate Journal the Connally Amendment and to Col. James Garnett, USA, Va. support the adoption by the House Lt. Col. Joseph F. O'Connell, USAR, of Delegates of ABA of the Rhyne Mass. Report. Col. Gordon Simpson, USAR, Tex. At the conclusion of the meeting, Col. Alexander Pirnie, USAR, N.Y. the report of the Board of Tellers Navy: was read and the following persons were announced to have been elected Col. J. Fielding Jones, USMCR, Va. to their respective offices: R. Adm. William C. Mott, USN, Md. PRESIDENT Capt. Robert A. Fitch, USN, Va. Maj. Gen. Reginald C. Harmon, Air Force: USAF, Ret., Virginia Brig. Gen. Herbert M. Kidner, FIRST VICE PRESIDENT USAF, Ret., Penna. Maj. Gen. E. M. Brannon, USA, Ret., Maj. Gen. Albert M. Kuhfeld, USAF, District of Columbia Va. Maj. Gen. Moody R. Tidwell, USAF, SECOND VICE PRESIDENT Va. Cdr. F. R. Bolton, USNR, Michigan Col. Fred Wade, USAFR, Ret., SECRETARY Penna. Cdr. Penrose L. Albright, USNR, Lt. Col. Perry H. Burnham, USAF, Virginia Colo. TREASURER General Harmon was then intro­ Col. C. A. Sheldon, USAF, Ret., duced by Captain Burke. General District of Columbia Harmon stated that the Association needs an expanded membership if it DELEGATE TO ABA is to be effective and that there Col. John Ritchie, III, USAR, Illinois must be a program outlined which BOARD OF DIRECTORS will give the organization a real mission and a challenge. He prom­ Army: ised to outline a program on both Maj. Gen. George W. Hickman, USA, of these matters very promptly. D. C. The annual dinner was held at the Brig. Gen. Charles L. Decker, USA, Bolling Air Force Base Officers' Club D. C. on the evening of August 30. Over Col. Ralph W. Yarborough, USAR, 450 members of the Association and Tex. their guests were present for cock­ Col. Joseph A. Avery, USAR, Ret., tails and supper. The guest speaker Va. on that occasion was Mr. Raymond Col. Osmer C. Fit.ts, USAR, Vt. Burr, television's "Perry Mason". Lt. Col. John H. Finger, USAR, Cal. The Association also presented its Maj. Gen. S. W. Jones, USA, Va. Citation of Merit to Rear Admiral Brig. Gen. Clio E. Straight, USA, Chester Ward, the retiring Judge Va. Advocate General of the Navy. THE $2500 LIMITATION ON ADMINISTRATIVE SETTLEMENTS UNDER FTCA--GOOD OR BAD? By Colonel Robert M. Williams and 1st Lt. Robert G. Petree*

The Army has a special and con­ limitation imposed on administrative tinuing interest in the administrative settlement is inappropriately low. settlement of claims under the Fed­ Although this limitation was recently eral Tort Claims Act.1 Its opera­ raised by the 86th Congress from tions extend throughout the nation $1,000 to $2,500, it still remains and its activities affect the lives and unrealistic. ­ property of all the citizens. The We believe that attorneys have Army has long recognized that the reason to employ the administrative prompt settlement of Army generated process whenever possible, for it pro­ tort claims is essential to accom­ vides simple, speedy settlements of plishment of its mission. If the pub­ professional quality. We believe, fur­ lic is provided prompt compensation ther, that the limitation on adminis­ for losses suffered because of the trative settlement should be raised negligence or other wrongs of its from $2,500 to $5,000. These con­ personnel, the Army receives a cor­ clusions are believed justified by the responding benefit in the form of following brief consideratfon of the a favorable public attitude toward procedural steps in the settlement continuation of its essential military of a claim, the requirements imposed functions. upon a claimant and his attorney, The Army's experience over the the manner of adjudication of the fourteen years since the Federal Tort merits of a claim, and the effect Claims Act became law has clearly of the maximum limitation of $2,500. demonstxated that numerous advan­ tages result for both the claimant PROCEDURES and the government through the ad­ Though the Federal Tort Claims ministrative settlement of claims. At Act specifically provides for the ad­ the same time, this experience has ministrative adjustment of claims, it shown that the benefits received have does not provide the details by which been unncessarily limited by two fac­ the adjustments shall be made. The tors. First, there is a seeming re­ head of each federal agency pro­ luctance of members of the bar to vides the procedures by which he employ the administrative procedures will "consider, ascertain, adjust, de­ of the Act and to resort, instead, to termine and settle" 2 the claims court action. Second, the monetary which his agency generates. The

*Of the Claims Division, Office of The Judge Advocate General of the Army. 1 28 u.s.c. 2671-2680 (1958} z 28 u.s.c. 2672 (1958} 40 The Judge Advocate Journal proce'dures must conform to the stat­ Where complicated issues of fact utory provisions relating to the sub­ or law are involved, the claimant mission and withdrawal of a claim, may seek the assistance of an at­ the basis of liability of the United torney. A working knowledge of the States, and the provisions for con­ Federal Tort Claims Act will enable clusiveness of an administrative de­ the attorney to recognize these issues termination and award which is ac­ and present a properly documented cepted by a claimant. The manner claim. Ordinarily a showing of the in which the Army settles claims following suffices : (1) a loss was generated by its activities is one caused, (2) by a member of the example of the type of procedures Army establishment acting within established by all federal agencies. the scope of his employment, (3) The oustanding feature of the proc­ the act causing the loss was negli­ ess is its simplicity. gent or wrongful according to the The administrative procedures pre­ law of the place where the incident scribed for the claimant who has occurred, and (4) demand for com­ suffered a loss through the negligence pensation is made for an amount or other wrongful act of Army per­ within the prescribed limitation­ sonnel are contained in Army Regu­ presently $2,500. An administrative lations 25-20 and 25-30.a The re­ claim filed in excess of this amount quirements are simplicity itself. The may not be considered. claimant need only provide the in­ Great flexibility of procedure is formation required by Bureau of the enjoyed by a claimant under the Budget Form 95 and file it with administrative settlement provisions the claims officer at the nearest mili­ of the Act. The submission of a tary installation. claim does not bind the claimant The absence of a requirement for to await either the full processing of filing of the claim with a specified the claim or to accept. any award claims officer in a specific location which may be offered. The claim is characteristic of the simplicity of may be withdrawn from considera­ the process. The claims officer of tion upon fifteen days' written no­ the nearest military installation will tice. Thereafter the claimant is free furnish forms on request and receive to bring suit against the United any claim submitted. If the claim Stat.es in the district court. If a arose at his station, he will investi­ claimant is unwilling to accept an gate the circumstances and forward award tendered or if his claim is the claim for adjudication. If it disapproved, he may bring suit in arose at a distant location, he will the district court. A claimant need forward it to the proper command not hesitate to file administratively where the investigation and adjudica­ for fear that administrative delays tion will be made. will extend beyond the 2-year period

s 24 Fed. Reg 8676-8679 (1959), amending 32 C.F.R. 536 (1959), AR 25-20; and 24 Fed. Reg. 8904-8905 (1959), amending 32 C.F.R. 536.29 (1959), AR 25-30. The Judge Advocate Journal 41 of limitations for he has six months The budgeting for amounts required from the date of withdrawal of the in the settlement of claims, the claim or from the date of mailing standards of training of claims per­ of notice by the agency concerned sonnel, the selection and assignment of final disposition of the claim in of judge advocates as approving au­ which to bring suit. A claimant is thorities, the professional standards bound, however, in any subsequent and policies governing adjudication, suit based on the same facts to the and the review of all settlements for amount of his administrative claim. conformance with the applicable stat­ The few administrative require­ utes and court. decisions are accom­ ments imposed upon the claimant and plished within this organization. The his attorney contrast sharply with Chief of the Claims Division in the the romplex procedures required for Office of The Judge Advocate Gen­ the initiation and prosecution to eral, heads up the world-wide claims judgment or compromise of a suit organization and assures that the against the United States. The at­ adjudication function is accomplished torney's fee permitted in administra­ in accordance with legal require­ tive settlements of $500 or more is ments, professional standards, and 10%; the fee in judicial actions is administrative policies of The Judge 20%.4 It is an understatement to Advocate General and the Secretary assert that the additional 10% fee of the Army. is no measure of the difference in The Secretary of the Army has time and effort required by the two delegated the power to approve tort procedures. claims to every command in which there is a judge advocate (an of­ ADJUDICATION ficer of the Judge Advocate Gen­ The adjudication of claims by the eral's Corps), and to certain officers Army is in the hands of lawyers. of the Corps of Engineers. In this It is the function of a world-wide country there are 103 approving au­ claims organization made up of thorities currently authorized. Where legally trained personnel under the the commander exercises general supervision of The Judge Advocate court-martial jurisdiction, he and his General of the Army. This organiza­ staff judge advocate have authority tion is superimposed upon the exist­ to approve payments up to $1,000 in ing command structure of the Army, amount. Certain officers of the Corps and its personnel are members of the of Engineers have similar authority. units they serve. In the accomplish­ Smaller commands which have judge ment of the administrative settlement advocates on the staff are delegated of claims, however, they are linked authority to approve payments up by direct channels of communication to $500.. and act under the exclusive direction The larger claims, those in which of The Judge Advocate General. the amount payable exceeds $1,000,

4 28 u.s.c. 2678 (1958) 42 The Judge Advocate Journal receive special treatment in keeping act. The judge advocate, a trained with the amount involved. These attorney and a member of the bar, claims, after investigation has been weighs and considers the evidence in completed, are forwarded for ad­ the light of the law and precedents judication by the Chief of the Claims of the jurisdiction in which the claim Division. A legal study (Memoran­ arose. His function parallels that of dum Opinion), prepared by the judge the judge of the district court where advocate of the command in which the claimant has the alternative of the claim arose, accompanies the presenting his demand. His conclu­ file. This Memorandum Opinion sets sions as to the liability of the forth facts and applicable law as United States and the amount of determined by the judge advocate, damages are binding upon the gov­ and his reasoned opinion as to the ernment. His adjudications, however, merits of the claim. The Chief of must be based upon credible evidence the Claims Division takes action not contained in the claim file, for he has only on all claims involving payments no power to compromise the claim. of over $1,000, but also on all claims The conclusive quality of an ad­ forwarded from field approving au­ ministrative settlement of a claim thorities with a recommendation that has a dual aspect. It is final and the claim be denied or paid in a conclusive on all officers of the gov­ lesser amount than the claimant is ernment., unless procured by fraud, willing to accept. and, if accepted by the claimant, The adjudication of the merits of constitutes a full and complete re­ an administrative claim is based lease of the government as well as upon the same legal considerations the employee whose conduct gave which would be applied by a court. rise to the claim. Liability of the United States is The Chief of the Claims Division, predicated upon an "injury or loss in addition to his active role in the of property or personal injury or settlement of claims, audits each of death caused by the negligent or the claims settled by other approv­ wrongful act or omission of any em­ ing authorities. His review assures ployee of the Government ...",s and that settlements are made according both procedures look to the law of to the provisions of the statute and the place where the incident occurred decisions of state and federal courts. to define the acts or omissions which Where errors are discovered, the are wrongful. The exceptions to lia­ erring approving authorities are ad­ bility s afforded the government in a vised. Selected opinions on claims court action apply equally to an ad­ settlements regarded as significant ministrative settlement. and of general interest to all ap­ The adjudicatfon by an approving proving authorities are digested and authority is in every sense a judicial published in the periodic Judge Ad­

G 28 U.S.C. 2672 (1958)

6 28 u.s.c. 2680 (1958) The Judge Advocate Journal 43 vocate Legal Service 1 and in the with the concurrence of the Depart­ Digest of Opinions-The Judge Ad­ ment of Justice. vocates General of the Armed Although thoroughness of investi­ Forces. 8 gation is stressed and legally quali­ The adjudication and determination fied officers give careful consideration of the merits of a claim by the to each claim, Army experience as Chief of the Claims Division usually to the time required for the admin­ terminates the administrative process. istrative settlement of claims is re­ The regulations provide for an ap­ markable when compared to the time peal to the Secretary of the Army required for judicial determinations. from an adverse decision on a claim, In its consideration of the recent but few claimants avail themselves amendment of the Federal Tort of the opportunity.9 When an ap­ Claims Act which raised the limit on peal is taken, a Memorandum Opin­ administrative settlement from $1,­ ion of The Judge Advocate General 000 to $2,500, the Senate Judiciary accompanies the file and recommends Committee reported delays in litiga­ the action believed appropriate. The tion in the district courts extending Secretary of the Army reviews the to 4 and 5 years. In the six months entire file and his decision represents beginning November 1, 1959 and ex­ a "final determination" of the matter. tending through April 30, 1960, the An important restriction is im­ average time required from filing to posed on all approving authorities payment by field approving authori­ where there is a potential companion ties of 689 claims in amounts of claim which may result in litigation. $1,000 or less was 37.6 days. For The regulations provide that no the same period the average settle­ claim will be settled when a claim ment time required for 75 claims arising from the same incident will settled by the Chief of the Claims be litigated.10 Although the statute Division was 142 days. provides that evidence of an admin­ istrative settlement. shall not be The $2,500 LIMITATION "competent evidence of liability or There has been controversy over amount of damage",11 where litiga­ the monetary limitation on adminis­ tion is possible or probable, no claim trative settlements ever since the is administratively settled except enactment in 1946 of the Federal

1 DA Pam. 27-101 series 8 Vols. 1-8, Digest of Opinions of The .Judge Advocates General of the Armed Forces, Lawyers Cooperative Publishing Co. 9 In the 5 years 1955 through 1959, the Army administratively processed a total of 10,240 Federal Tort Claims Act claims. Of that number only 380 were appealed to the Secretary of the Army.

10 Par. 17c, AR 25-20, 1 October 1959 1128 U.S.C. 2675(c) (1958) The Judge Advocate Journal

Tort Claims Act. Originally set at ministrative claims. This step would $1,000, the limitation was raised to require a more realistic appraisal by $2,500 in 1959. The report of the attorneys of the damages capable of Senate Judiciary Committee which proof. There is ample reason to be­ considered this amendment noted, as lieve this can be accomplished. The factors supporting the need for in­ recent experience in compromise set­ creasing the settlement limit, rising tlements made in suits generated by costs associated with personal in­ Army operations is pertinent. Since juries and rising costs of material 1956 there have been 291 suits which and labor in replacing or repairing have been compromised varying in late model automobiles. These cost the amounts claimed from $1,500 to factors were observed to force the over $100,000. The average compro­ claimant to institute suit in the fed­ mise settlement was $3,907.80. If the eral courts rather than accept ad­ administrative settlement limitation ministrative settlements of less than were set at. $5,000, many such suits $1,000. This increase in cases on would become administrative claims, already crowded court dockets in reducing further the burden of the turn increased the delays in all suits district courts. before those courts. CONCLUSION Statistics 12 show that an approxi­ mately equal number of cases would The conclusion to be drawn seems be removed from the court dockets clear. Army experience in the years by increasing the limitation from since the enactment of the Federal $2,500 to $5,000 as was removed by Tort Claims Act demonstrates that the recent increase from $1,000 to an increase in the administrative set­ $2,500. Here, then, is a certain way tlement limitation of $5,000 offers to ease to a degree the burden on benefits to claimants and their at­ the crowded dockets of the district torneys, to the government, and to courts. This result, however, is only the courts. The principal advan­ an incidental and indirect benefit tages will inure to claimants and accompanying the larger gains which their attorneys who will be afforded would be afforded claimants and their simple, speedy settlements of claims attorneys by the increased avail­ which now must be the subject of ability of the simple, speedy, and suits. Since experienced attorneys, highly professional administrative officers of the Judge Advocate Gen­ settlement. eral's Corps, are charged with the If the limitation were increased duty of adjudication of the claims, from $2,500 to $5,000, a large num­ the settlements by the Army will be ber of the cases now filed for more of a professional caliber in every than $5,000 would probably be re­ sense comparable to the results rea­ duced and made the subject of ad­ sonably obtainable by court action.

12 Statistics supplied by the Administrative Office of the United States Courts. The Judge Advocate Journal

For its part, the United States will United States District Courts will be be required to defend fewer law the recipient of benefits in the form suits and the Army wil reap the in­ of reduced dockets affording more cidental favorable public reaction time for the trial of cases for which generated by more prompt settlement no adequate alternative to court ac­ of meritorious claims. Finally, the tion exists.

HONORARY MEMBERS

Over the years, the Association has E. Quinn, Judge George W. Latimer, designated eleven persons as honor­ Judge Homer Ferguson, Major Gen­ ary members of the Judge Advocates eral E. M. Brannon, Major General Association. They are: Major Gen­ R. C. Harmon and Rear Admiral eral Myron G. Cramer, Major Gen­ eral Thomas H. Green, Major Gen­ Oswald S. Colclough. Notwithstand­ eral Hubert D. Hoover, Major Gen­ ing their honorary membership, the eral Eugene M. Caffey, Admiral last three named are also dues pay­ Chester Ward, Chief Judge Robert ing members in good standing.

A strong Association can serve you better. Pay your annual dues. If you are uncertain as to your dues status, write to the offices of the Association for a statement. Stay active. Recommend new members. Remember the Judge Advocates Association represents the lawyers of all components of all the Armed Forces. ~

"'3go a..... ~ ~ ~ ~ ~ Annual Banquet 1960: A part of the head table-left to right: Mrs. Kuhfeld, Gen. Hickman, ;i= Mrs. Ferguson, Mr. Burr, Capt. Burke, Judge Ferguson, Mrs. Hickman. e:.. The Judge Advocate Journal 41

THE 1961 ANNUAL MEETING

The J AA will have its annual ABA. Major Philip A. Maxeiner of meeting and banquet in St. Louis, the St. Louis bar has been named Missouri on August 8, 1961, during chairman of the committee on ar­ the week of the annual meeting of rangements.

llu ittrmnrium

The members of the Judge Advocates Association profoundly regret the passing of their fellow members here named, and extend to their surviving families, relatives and friends, deepest sympathy:

Major Merl A. Barns of Fort Wayne, Indiana Colonel Grenville Beardsley, who prior to his death was Attorney General of Illinois Colonel Sol J. Chasnoff of Kearney, New Jersey Major Willard B. Cowles of Lincoln, Nebraska Colonel Aaron A. Melniker of Jersey City, New Jersey Colonel David S. Meredith, Jr. of Long View, Texas Major L. Sanford Schwing of Houston, Texas Cmdr. William E. Seidensticker of Chicago, Illinois Colonel Leonard J. Sheahan of Silver Spring, Maryland Lt. Col. Harry M. Smith of New York, New York Colonel John H. Sweberg of Rhinelander, Wisconsin ""'()0

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,f 1 >-3 ::r ti> J .... =i::L. l1Q ti>

>i::L. < 0 (') .... "'ti> .... 0 Annual Banquet 1960: A part of the head table-left to right: Gen. Kuhfeld, Mrs. Yarborough, ..,= Adm. Ward, Mrs. Harmon, Capt. Powers. ~= HOW GUILTY IS GUILTY?

By Colonel Jean F. Rydstrorn, USAF

How much reliance can be placed authorities of the armed forces ever on an accused's plea of guilty be­ since it was announced, but can they fore a court-martial? In the early continue to rely upon it? I think leading case of United States v. not, because the United States Court Lucas, the United States Court of of Military Appeals has, through a Military Appeals found no prejudice change in membership and in basic to accused in several flagrant pro­ philosophy, shown an increasing dis­ cedural errors made at trial because, belief in the principle underlying in the words of Judge Latimer, the Lucas case.1 "A plea of guilty is a confession The Court has already come "full of guilt and equivalent to con­ circle" in denying the validity of an viction. It removes from the trier otherwise unimpeachable guilty plea of the fact any question of inno­ when a hint of improvidence in the cence or guilt. If the plea is plea can be construed to exist in regularly made there remains only the accused's favor. No matter what the requirement by the court of the source of the hint, the Court imposing an appropriate sentence." will now accept it, set aside the (United States v. Lucas, 1 USC guilty plea, and order a rehearing. MA 19 1 CMR 19, 23). I reach this unhappy conclusion The late Judge Brosman and Chief after assessing, in the light of prior Judge Quinn concurred without reser­ decisions, the thinking of the mem­ vation. bers of the Court reflected in their This rule of law for courts-martial decision of United States v. McCoy, has been relied upon in difficult cases 12 USCMA 68, 30 CMR 68, decided 16 and frequently cited by reviewing December 1960. In that case accused

1 Upon Judge Brosman's untimely demise in 1955, Homer Ferguson was appointed a Judge of the Court, and "the law" soon began to change despite yeoman efforts of Judge Latimer to hold the line with reasonable precedents. This occurred in many areas where the philosophy might have been stwre decisis, and is suggested in a case close to the subject under discussion: United States v. Cruz, 10 USCMA 458, 28 CMR 24. That case raised the same problem which had been considered in the early Lucas case: the court made no findings of guilty after a guilty plea. The Chief Judge joined with Judge Latimer in reaffirming the validity of the Lucas rule but, as appellate defense counsel apparently anticipated in re­ arguing a well-settled point of law, Judge Ferguson dissented. He would have affirmed the decision of the Board of Review that this procedural error materially prejudiced the substantial rights of accused despite the valid plea of guilty. 49 50 The Judge Advocate Journal

pleaded guilty to wilful disobedience guilt," the Court relied on an un­ and adhered to his plea after its sworn statement which was "not. evi­ meaning and effect were fully explain­ dence" for the court-martial to con­ ed. After he had been found guilty he sider (MCM, 1951, par. 75c (2)). In made an unsworn statement, hoping another decision rendered the same to mitigate the punishment which the date, the Court affirmed the right of court might impose on him; in his an accused to make an unsworn own self-serving narration of the statement on which "cross-examina­ facts extenuating the offense was tion is not permitted and court mem­ a not-surprising suggestion of op­ bers are not allowed to interrogate pressive circumstances which had him," citing with approval the same caused him to disobey the order.2 paragraph of the Manual for Courts­ From this, Judge Ferguson con­ Martial which says such a state­ cluded "we are certain" the order ment is not evidence (United States was illegal, hence the statement v. King, 12 USCMA 71, 30 CMR "demonstrated the improvidence" of 71). the plea, and a rehearing was re­ Thus, a self-serving statement in quired. Judge Latimer concurred in mitigation in which an accused can lie with impunity-because not sworn this result, and the Chief Judge and not subject to cross-examination differed only in suggesting the re­ -has become sufficient to overturn a hearing be initially limited to the judicial confession of guilt. It is sentence. Neither disagreed with the the Court's unanimous decision that author judge that the unsworn state­ a hint such as this, which is not ment raised a question of improv­ evidence at the trial level, suffices idence of the plea.a on appellate review to overturn a In setting aside this plea of guilty guilty plea. From it, I must con­ which had removed "from the trier clude the time has come when, as a of fact any question of innocence or practical matter, a guilty plea places

2 A second point at issue in the case (requiring only a rehearing on the sentence) was advice to the Court at this rehearing of the sentence imposed at the first trial. At one time, Judge Latimer had consistently disagreed with the majority that this was error, but had previously conceded the majority's views to have become the law of the Court (United States v. Eschmann, 11 USCMA 64, 28 CMR 288, 292). s It is interesting to note that a change of one word in accused's unsworn statement could have changed the result in this case. Accused said-without cross-examination, of course-that he was given 14 hours' extra duty at mast as nonjudicial punishment, and his troubles started in the 19th and 20th hours of performance. He could have been given 14 days' extra duty, in which case the reference to the 19th hour of performance would not, have excited the attention of the members of the Court. Even if the latter were the truth, one can understand counsel's failure to make an issue of accused's misstatement at the trial, knowing that he had already pleaded guilty and this was an unsworn statement in mitigation on which he could not be cross-examined. The Judge Advocate Journal 51 upon the government, at trial level, have a solemnity, dignity, and de­ the burden of proving beyond perad­ gree of finality which ought to venture uf post-trial attack that ac,­ prevent their being discarded on cused's plea was providently entered. the slightest pretense or provoca­ This decision almost completes the tiun. Most courts require a show­ devastation of the Lucas rule as a ing that the plea was inadvertent general principle, but perhaps the and at least some assertion that decision was to have been expected. the accused has a defense to the In the early case of United States crime he admits before action is v. Messenger, 2 USCMA 21, 6 CMR taken. . • . In the military, as 21, accused had pleaded guilty to in the civilian sphere, every self­ larceny of property of a certain serving statement made by the value, but produced sworn testimony accused in extenuation, presented minimizing the value of the property in a light most favorable to him, stolen. Under the "old rule," the should not require a law officer at Court united in reversing the Buard his peril to gamble on the finality of Review which had held accused's of the plea." (p 172). plea of guilty to the alleged value The next landmark case was fat.ally inconsistent with the evidence United States v. Hood, 9 USCMA of a different value. 558, 26 CMR 338 (after an indica­ This problem was next considered tive decision in United States v. in United States v. Kitchen, 5 USC Welker, 8 USCMA 647, 25 CMR MA 541, 18 CMR 165, where the 151). This was remarkable in that. Chief Judge showed the later bent accused had pleaded guilty at trial of his views. He joined with Judge in regular fashion but then filed Brosman in determining that a guilty his own affidavit with the Cuurt, plea to absence without leave should averring his innocence and blaming have been withdrawn by the law his counsel for his guilty plea. His officer because, in accused's sworn plea was ultimately determined by testimony presented prior to findings, the Court not to have been improv­ he maintained he had been gune for ident, but the gyrations it went a shorter period. Judge Latimer through to test his post-trial state­ dissented vigorously in the terms ment were astonishing, the Court which have, until today, marked his permitting the filing of numerous views on guilty pleas: affidavits and even going to the ex­ "Apparently I take a tighter view treme length of calling the affiants of pleas of guilty than do my to hear persunal testimony from associates, but in my opinion they each.4

4 I would have supposed this incident with Hood whom the Court heard and saw "grounded on the shoals of his own misrepresentations" might have forcibly demonstrated what working-level staff judge advocates have learned: accused (with a new defense counsel on appeal, provided at no expense) (Footnote continued on page 52) 52 The Judge Advocate Journal

This case should be especially re­ a guilty plea and verdict, the Chief marked for two points: it showed Judge concurred with Judge Fergu­ the Court permitting an attack on a son's statement: guilty plea to be launched for the "Had the facts which the accused first time by post-trial averments, disclosed to the staff judge advo­ and these found entirely in accused's cate properly disclosed the ele­ own unsupported assertions. In pre­ ments of a common-law marriage, vious cases the question of providence we would have no hesitancy in of the plea had been raised because holding accused's guilty plea to be of evidence presented at trial level. improvident." (p. 86). Up to the time of the Hood decision in late 1958, it was rare for an Judge Latimer included a caveat: accused to question successfully pleas "I elect to reserve my ruling on of guilty regularly entered in court. the use of unsworn and self­ After the Hood decision, the popu­ serving statements of an accused larity of this legal sport increased to undercut his plea of guilty immensely.5 merely because they are recorded The line having been breached, the in a staff judge advocate's re­ next attack upon the validity of a view." guilty plea occurred because of an accused's unsworn statement in a The next step in the dissolution of post-trial interview with a staff the guilty plea occurred in United judge advocate (United States v. States v. Epperson, 10 USCMA 582, Lemieux, 10 USCMA 10, 27 CMR 28 CMR 148. Whereas previous de­ 84). Without questioning the reli­ cisions appear to have tacitly as­ ability of such statements to impeach sumed that accused's "evidence," will go to any lengths to avoid conviction. Second thoughts on an earlier plan of defense are easy to have when the immediate danger is past: there is nothing to lose and, too often, there is much to gain. In my own experience, I have never known an airman's case to be referred to trial when the government could not produce the evidence required, nor even when he had a technical, but valid, defense. In short, whatever the inducement offered accused in terms of maximum sentence for pleading guilty, I have never seen the government gain a conviction it could not, barring some fluke unforeseen by either side, have gained anyway. The only ad­ vantage gained by the government in a guilty plea case exists in terms of time and effort saved, both of which we have in plenty for the airman "from Missouri." 5 Earlier in the same year the famous case on failure to pay gambling debts was decided, overturning decades of military law (United Stat.es v. Lenton, 8 USCMA 690, 25 CMR 194). On the point here at issue, Judge Latimer said: "••. My point of departure in this instance arises out of the principle that a judicial confession may be treated so lightly that a puffing unsworn statement in mitigation or a comment found in a staff judge advocate's pretrial advice can be seized upon to reject a plea of guilty." (ibid., p. 198). The Judge Advocate Journal 53 whatever its form, must show im­ possession of the radio. The Board providence of his plea, in the Epper­ of Review found his plea of guilty son case Judge Ferguson stated: to larceny improvident in view of · "Where doubt exists concerning the his explanation, the government propriety of an accused's plea, it (mistakenly?) conceding error in this is proper that the issue be resolved respect. In affirming the conviction, in his favor." (p. 150). Judge Latimer reiterated his view that improvidence should be found This step was, of course, vigorously in evidence, or something closely opposed by Judge Latimer: akin thereto, and a plea should not "... A plea of guilty should not be set aside in appellate channels be set aside on appeal unless it appears clearly that it was im­ ". • • except upon a strong and provident and here the principal convincing showing of the depriva­ opinion concedes that the posture tion of a legal right. by extrinsic of the post-trial statement leaves causes; certainly not merely by an the issue in doubt. Under well­ ex parte unsworn statement setting settled law that sort of showing out facts which could have been does not justify a holding..•. " of questioned had there been an op­ improvidence. (p. 151) .s portunity at trial." The position that each Judge might The Chief Judge, in affirming the have been expected to take in future conviction, simply compared the facts cases was set out in United States admitted by plea with accused's un­ v. Brown, 11 USCMA 207, 29 CMR sworn assertions in rebuttal, as 23. Accused had pleaded guilty to though they were of comparable re­ stealing a radio but, in his unsworn liability. Judge Ferguson found a rebuttal to the convening authority's palpable conflict in law between the synopsis of the case, he explained his plea and the rebuttal.7

s At this point, all Judges still agree that a plea of guilty eliminates the need for instructions on the elements of a lesser included offense (United States v. Thompson, 11 USCMA 5, 28 CMR 229). and that a plea of guilty cannot be changed at a rehearing on the sentence without a clear showing of entitlement to relief (United States v. Kepperling, 11 USCMA 280, 29 CMR 96). 7 The same in.dividual approach to this problem may be noted in United States v. Clay, 11 USCMA 422, 29 CMR 238, and in United States v. Miles, 11 USCMA 622, 29 CMR 438, both decided at about this time. All Judges yet agree that a plea is not improvident because accused does not understand its entire legal effect. In United States v. Pajak, 11 USCMA 686, 29 CMR 502, accused claimed his plea was improvident because he did not realize what effect the "Hiss Act" (68 Stat 1142, 5 USC, Sec 2281 et seq) might have upon his retirement pay if convicted of the offense to which he pleaded guilty. The Court pointed out that Act had no bearing whatever upon the substance of the acts charged to him to which he pleaded guilty. Nevertheless, a misconception of the law concerning the evidence necessary to prove an offense charged will render a plea improvident (United States v. Fernengl, 11 USCMA 535, 29 CMR 351). 54 The Judge Advocate Journal

Then came the decision in the Mc­ ing guilty because he is in fact Coy case discussed above: all Judges guilty. An extended examination agreed that an unsworn statement in of the accused along these lines mitigation nullified an otherwise valid insures providence upon the record plea of guilty. Having observed that and gives the lie to his later claims a determination of improvidence of of impropriety." (United States v. a guilty plea can be based upon any Brown, above, at p. 31). self-serving statement of an accused, made at any time and under any This is surely an excellent rule, but circumstances following findings of plainly it is not enough. In the guilty, we must conclude affirmative later case of United States v. Wat­ action is necessary to insulate our kins, 11 USCMA 611, 29 CMR 427, cases from such collateral attack. the law officer went to extraordinary It is this conclusion which forced lengths in interrogating accused and me to say at the outset the burden his counsel before he would accept a of proving providence of a guilty guilty plea, even pointing out pos­ plea has now shifted to the govern­ sibly valid defenses. From the report ment at the trial level.B of the case, it seems that the law What measures are open to the officer did everything suggested in armed forces short of refusing all the rule of correct procedure which guilty pleas? Judge Ferguson has Judge Ferguson had enunciated in suggested: the Brown case, yet he found the plea improvident in the Watkins case "While the Manual for Courts­ despite its affirmance by other mem­ Martial, United States, 1951, pur­ bers of the Court. ports to implement the Congres­ A balance scale to be used by the sional purpose by providing advice traditionally blindfolded figure of to be used in the event of a plea Justice must be found which permits of guilty, see Manual, supra, Ap­ all cases to be weighed equally. I pendix 8, page 509, I believe it suggest. we already have such a fails to achieve the desired result. scale: Accordingly, I suggest that the officers charged with that duty in "It is the firmly established policy courts-martial interrogate the ac­ of the Air Force that the prosecu­ cused upon his plea in simple, non­ tion will establish a prima f acie technical language and determine case as to each offense charged if he understands it in fact, admits regardless of a plea of guilty and the allegations involved in the notwithstanding a request by the specifications, and that he is plead­ defense that the prosecution pre­

8 One who would attempt to forecast the future decisions of the Court on guilty pleas cannot fail to observe that Judge Latimer's term of office will expire 1 May of this year (see UCMJ, Art. 67 (a)). Whatever the eminence of his judicial qualifications for reappointment to this position, one must further observe that both he and Judge Ferguson are Republicans in a Democratic administration. The Judge Advocate Journal 65

sent, no evidence in view of the for the government to carry this guilty plea." (par. 41a, AFM 110­ added burden of proving the decision 8-C, emphasis added). to plead guilty was intelligent and voluntary than by invariably putting Perhaps it was with prescience on all available evidence as to each this policy was established, for it offense? seems to have anticipated completion Consideration should be given to of the "full circle" on guilty pleas. making this policy a mandatory rule Needed in the area of guilty pleas of trial procedure for courts-martial before courts-martial is substantial in all the armed forces, with thought proof, at the trial itself, that ac­ to defining minimum acceptable cused's plea was providently and standards for a "prima facie case." wisely entered. The "negotiated plea" Only by recognizing that a guilty has recently come under attack (see plea is now considerably less than United States v. Watkins, above) be­ sacrosanct, and by taking positive cause it is not always apparent "the measures to minimize variables in deal" was as good for accused as a this area, can we ensure that our full defense on the facts or law military cases . will withstand and might have been. What better way post-trial attack upon a guilty plea.9

9 Even raising high the standards of proof deemed adequate after a guilty plea may not provide an infallible solution. I think of the principle behind cases like United States v. Krull, 3 USCMA 129, 11 CMR 129, in which the government had presented a complete case "as if pleas -of not guilty had been entered" (p. 130). Nevertheless, the Chief Judge found accused's post­ findings statement inconsistent with his plea. Relying upon Article 45 (a) of the Uniform Code of Military Justice that if an accused sets up matter inconsistent with the plea or if it appears he has entered the plea of guilty improvidently, "a plea of not guilty shall be entered in the record," the Chief Judge found fatal error in the failure of the law officer to have entered a plea of not guilty and to have directed the court to reconsider its findings. Law officers cannot always anticipate changes which may occur in sub­ stantive law between similar cases, hence they cannot be infallible in pre­ dicting that a certain assertion by accused may not later be held legally inconsistent with facts admitted in his guilty plea, particularly when he and his counsel insist upon adherence to it in the face of the most current information pro and con. But presentation of a substantial case by the government will find most shadow areas of "inconsistency,'' "improvidence," and "involuntariness" (Brown, above) to be without substance when later asserted for the first time on appeal. At least accused must be held to have had a fair opportunity to dispute or explore these subtle variables at the t,rial level, and his failure to have done so should weaken his claim of right to pursue them on appeal. 56 The Judge Advocate Journal

Rear Admiral William C. Mott, USN The Judge Advocate Journal 57

THE NAVY'S ·NEW~ TJAG

Admiral William C. Mott was Force, U. S. Pacific Fleet. He par­ sworn in as The Judge Advocate ticipated in the Marianas, lwo Jima, General of the Navy on August 1, and Okinawa Gunto operations. On 1960, to succeed the retiring Admiral return to the United States, he was Chester Ward. Admiral Mott has assigned to the Office of Chief of long been an active and interested Naval Operations for liaison duty member of the Judge. Advocates As­ with the Department of State and sociation and currently serves as a the United Nations. member of its board of directors. He was transferred to the U. S. The new Navy TJAG is a native Navy in 1946 and was assigned to of New Jersey, forty-nine years of the Office of The Judge Advocate age, a graduate of the U. S. Naval General. In the succeeding years, Academy and of the Law School of he has served · as a legal officer in George Washington University. Up­ the Navy Department at Washing­ on graduation from the Academy in ton, with the Pacific Fleet, the Naval 1933, he resigned and entered civil School of Justice in Newport, Rhode life and later upon completion of his Island, and at the Ninth Naval Dis­ law studies, he was admitted to the trict, Great Lakes, Illinois. He at­ District of Columbia bar and became tained the rank of Captain in 1952. a patent lawyer. From 1956 to 1958, he served as He was commissioned in the U. S. Military Assistant to the Chairman Naval Reserve in 1940 and was of the Joint Chiefs of Staff suc­ called to active duty in that year cessively under Admiral Radford and to serve in the Office of Naval In­ General Twining. Until his recent telligence. During 1942, he was As­ promotion to Rear Admiral and ap­ sistant Naval Aide to President pointment as The Judge Advocate Roosevelt in charge of the Naval General, he was Deputy and As­ Section of the White House Intelli­ sistant TJAG of the Navy and Spe­ gence and Communications Center. cial Assistant to the Secretary of After a brief tour as student at the Defense. Naval War College in 1943, he served At home, Admiral Mott's chief of as Flag Secretary and Legal Officer staff is the former Edith Grace of on the staff of Commander Cruiser Massachusetts, and his command has Division TWO, USS Omaha flagship grown in the last 13 years to include and later as Aide, Flag Secretary, six children. The family flagship is Legal and Personnel Officer on the moored at this time at 7415 Wyn­ staff of Commander Amphibious dale Lane, Chevy Chase, Maryland. 58 The Judge Advocate Journal

Captain Robert D. Powers, Jr. The Judge Advocate Journal 59

THE DEPUTY AND ASSISTANT TJAG-NAVY

On 1 August 1960, Captain Robert status. In 1947, he was recalled to D. Powers, Jr., a member of the active duty and transferred to the Judge Advocates Association, was U. S. Navy. Until 1950, he served named the Deputy and Assistant as Fleet Legal Officer for the At­ Judge Advocate General of the Navy. lantic Fleet. During the following Captain Powers, a native of Vir­ three years, he served again in ginia, graduated from the law school OTJAG in various duty assignments. of Washingtxm and Lee University in In 1952, he was promoted to the 1929 and thereafter engaged in the rank of Captain. From 1953-1956 he practice of law at Portsmouth, Vir­ was again District Legal Officer of ginia. Having been commissioned in the Fifth Naval District. For the the U. S. Naval Reserve In 1937, he two years prior to his present as­ was called to active duty in 1941. signment, he was The Judge Advo­ After about two years of duty at cate General l)f the Navy, West Trinidad, in 1943, he was assigned Coast. to the Office of The Judge Advocate Captain and Mrs. Powers reside General of the Navy until 1945. at 2411 N. Quincy Street, Arlington, Aft.er about a year as District Legal Virginia with two of their children; Officer of the Fifth Naval District at an elder son, Robert, is an Ensign. Norfolk he was released to inactive USN presently on sea duty. en=

;i II> . =~ aq=-­ II>

0~ <> 1D'"' ~ 0 Annual Banquet 1960: A part of the head table--left to right: Congressman Pirnie, Mrs. Powers, 13= Senator Moss, Gen. Harmon, Mrs. Ward, Senator Yarborough. 2!.. JAA BOARD ACTIONS

At the meeting of J AA's Board of the various states to give credit of Directors in November, it was de­ for military legal service in the termined that the Association should same manner as they give credit for continue with renewed vigor its legis­ civilian law practice for admission lative program on three subjects: to the Bar of those states on a First, it should continue to seek comity basis. legislation to assist the military serv­ 3. To adopt a public relations pro­ ices in recruiting and retaining the gram which will have for its pur­ services of lawyers in uniform pose the establishment of better re­ through incentive pay and other lations between lawyer and client or means; second, it should continue to Judge Advocate and Commanding support legislation to establish a sep­ Officer in the military service. arate JAG Corps in the Navy; and, The State Chairmen appointed at third, it should continue to seek this meeting are: amendment to the Uniform Code of Military Justice as repeatedly advo­ Alabama cated by the Committee of The Edward O'Connell, Jr. Judges of the Court of Military Ap­ Arizona peals and The Judge Advocates Gen­ John Paul Clark eral of the services for some years. The legislative committee for 1960­ Arkansas 61 is composed of Thomas H. King, Edwin L. McHaney, Jr. Shelden D. Elliott and M. Emilius California Carlson. All state chairmen are con­ John Finger sidered members of the legislative committee. Colorado Milton J. Blake Three new areas of interest were decided upon: Connecticut Max Traurig 1. To establish a system by which Judge Advocates going off of active Delaware duty either by the completfon of Charles P. Grahl their obligated tours, retirement, or District of Columbia otherwise, may be brought into con­ Samuel C. Borzilleri tact with prospective employers such as law firms, corporations and in­ Florida stitutions of learning in order that Sanford M. Swerdlin they may obtain employment and Georgia continue their service to society. Frank Milton Gleason 2. To embark upon a campaign to Hawaii get State Bar Admission authorities Joseph V. Hodgson 61 6.2 The Judge Advocate Journal

Idaho New York Raymond T. Greene, Jr. Birney M. Van Benschoten Illinois North Carolina Morton T. Barnard Robinson 0. Everett Indiana North Dakota Lenhardt E. Bauer Everett E. Palmer Iowa Ohio Oliver P. Bennett James Arthur Gleason Kansas Donald I. Mitchell Oklahoma James H. Ross Kentucky Walter B. Smith Oregon Louisiana Adelbert C. Closterman William B. Lott Pennsylvania Maine Sherwin T. McDowell Kenneth Baird Rhode Island Maryland Edwin B. Tetlow Morris Rosenberg South Carolina Massachusetts William Hope Roger Titus South Dakota Michigan Leo A. Temmey Frederick R. Bolton Tennessee Minnesota Earle H. Marsh John H. Derrick Mississippi Texas Guy Nichols Gordon Simpson Missouri Utah John H. Hendren Calvin Rampton Montana Vermont Dalton Pierson Charles F. Ryan Nebraska Virginia Bernard E. Vinardi Walter Regirer Nevada Washington Clel Georgetta Josef Diamond New Hampshire West Virginia Ralph E. Langdell Abraham Pinsky New Jersey Wisconsin Franklin Berry Gerald T. Hayes New Mexico Wyoming Claire D. Wallace George F. Guy District of Columbia 8th JAGSO Detachment. He was re­ About one hundred of the members cently promoted to Colonel. and their ladies in the Washington New York area met at Bolling AFB Officers' Lt. Henry W. Connelly of Winston­ Club on the evening of 9 January Salem recently received The Army 1961 to honor General and Mrs. Commendation Medal at a ceremony George W. Hickman upon the Gen­ conducted at First Army Headquar­ eral's retirement from active mili­ ters by Colonel Tom, B. Hembree, tary duty and departure to take up First Army Judge Advocate. Lt. a law school teaching post at San Connelly, upon his return to civilian Diego. Col. Samuel Borzilleri, State status, has taken a position with Chairman for the District of Co­ the New York law firm of Shear­ lumbia, made arrangements for this man; Sterling and Wright. splendid event, but because of hos­ pitalization was not present and Samuel G. Rabinor recently an­ called upon General Harmon to pre­ nounced the removal of his law of­ side. After hearing words of high fices to 163-18 Jamaica Avenue, Ja­ praise from General Kuhfeld, Gen­ maica, Queens County, New York eral Decker, Captain Powers, Judge City, where he will continue to special­ Latimer and Commander Caliendo, ize in the trial of negligence cases. and receiving the Association's "Cer­ Mr. Rabinor was named by the State tificate of Merit" from General Har­ Bar Association of New York last mon, General Hickman made his summer to a special action com­ own modest defense. All those pres­ mittee to meet the problem of Court ent were unanimous in the opinion congestion and trial delay in New that it was entirely fitting and York City. proper that the honored guest should William J. Rooney recently an­ have the accolade he received and nounced the removal of his law offices they jointly and severally wished to the Chrysler Building, New York him well in the new direction of his 17, New York. career. Harold J. Kaufmann of Rego, Pa., Illinois was recently promoted to Lieutenant Colonel, JAGC, USAR. Colonel Glenn E. Baird of the Chicago law firm of Griffen, Stout Pennsylvania and Baird was recently designated as Paul Breen has recently announced S.J.A. of the 322d Logistical Com­ the opening of law offices for the mand. practice of law in association with Missouri Dolnick and Gardner at the Bankers Charles Frank Brockus of Kansas Securities Building, Philadelphia 7, City (1st 0. C.) is the C. 0. of the Pennsylvania. ~

~ ~ c.., s.. ~

0~ (") ~ ~ c.., s::0 At the Annual Banquet 1960: Bob Burke says "cheese" to the amusement of Raymond Burr ... and the astonishment of Dick Love as the camera clicked. e.= The Judge Advocate Journal 65

GENERAL HICKMAN RETIRES AS ARMY TJAG

Major Gen~ral George W. Hickman eral and appointed to the office of retired as The Judge Advocate Gen­ The Judge Advocate General of the eral of the Army on 31 December Army. Major General Stanley W. 1960. General and Mrs. Hickman Jones who was The Deputy Judge will take up their residence in San Advocate General has been assigned Diego, California, where the General to the Army Council of Review has been appointed a professor of law at the recently formed San Diego Boards and General Robert H. Mc­ School of Law. Upon General Hick­ Caw has . been designated The Dep­ man's retirement, General Charles L. uty Judge Advocate General of the Decker was promoted to major gen­ Army.

The Judge Advocates Association is a national legal society and an affili­ ated organization of the American Bar Association. Members of the legal profession who are serving, or, who have honorably served in any component of the Armed Forces are eligible for membership. Dues are $6.00 per year. ApJ?lications for membership may be directed to the Association at its national headquarters, Denrike Building, Washington 5, D. C. SUPPLEMENT TO DIRECTORY OF MEMBERS, 1959

Changes of Address to 15 December 1960

PAUL AAROE JACK W. BRADLEY 325 Front Street 2821 H Street Belvedere, New Jersey Bakersfield, California

WILLIAM H. ADKINS, 2D PAUL BREEN 108 S. Harrison Street 1020 Bankers Securities Building Easton, Maryland Walnut and Juniper Streets Philadelphia 17, Pennsylvania LT. COL. H. L. ALLENSWORTH SJA 501st TacConWg LT. COL. PERRY H. BURNHAM APO 12, New York, New York SJA, Headquarters Air Reserve Records Center LT. COL. A. J. ASHTON 3800 York Street Minot Air Defense Sector Denver 5, Colorado (SAGE) Minot AFB, North Dakota CAPT. BILLY B. BURTON 1631 AB Squadron WILLIAM A. BADER 955 Main Street APO 202, New York, New York Bridgeport 3, Connecticut CAPT. JIM W. CAMPBELL, SR. LT. CHARLES L. BAXTER 4238th Combat Support Group Office of the SJA Barksdale AFB, Louisiana Lowry Technical Training Center WILLIAM L. CAREW Lowry AFB, Colorado 15 S. Weber Street JAMES C. BIGLER Colorado Springs, Colorado 524 N. Spring Street Los Angeles 12, California CDR. GEOFFREY E. CARLISLE USTDC Box 24 RICHARD A. BILLUPS, JR. APO 63, San Francisco, Calif. P. 0. Box 1056 Jackson 5, Mississippi MAJ. CLIFFORD R. CARVER SJA 48th Tactical Fighter Wing JACK L. BLOOM Box 576 APO 179, New York, New York Greenville, South Carolina COL. JAMES S. CHENEY CDR. FREDERICK R. BOLTON SJA, Headquarters 3AF 1930 Buhl Building (USAFE) Detroit 26, Michigan APO 125, New York, New York CAPT. RUFUS C. BOUTWELL, JR. JAMES R. CLOUSE, JR. 1608 ABGp., Charleston AFB P. O. Box 680 Charleston, South Carolina Anchorage, Alaska 66 The Judge Advocate Journal 67

DAVID J. CONDON LT. WILLIAM P. FAGAN c/o Staplekamp and Shaufler 4838 Holton Avenue First National Bank Building Ft. Wayne, Indiana Kenosha, Wisconsin RALPH R. FEIGELSON CAPT. JERRY E. CONNER 4808 Bergenline Avenue 6214 Tactical Missile Group Union City, New Jersey APO 140, San Francisco, Calif.

CAPT. CHARLES H. CRAWFORD JOHN V. FELS East Main Street Flynn and Allen Tilton, New Hampshire 755 First National Bank Bldg. Phoenix, Arizona , WILSON F. DANIELS P. 0. Box 1003 COL. WINSTON L. FIELD Harrisburg, Pensylvania 17-17th Avenue WILLIAM E. DAVIS San Francisco, California 3419 E. Briarcliff Road FRANK J. FLYNN Birmingham 13, Alabama 5700 Rhode Island Avenue THOMAS P. DICKINSON Falls Church, Virginia 963 Washington A venue Huntington, West Virginia COL. WILLIAM J. FLYNN Route 3, Box 283A CHARLES M. DICKSON Carmel, California VA Hospital, Building 7 Sepulveda, California DANA P. FRENCH LT. COL. GEORGE F. DILLEMUTH 10 Spofford Street Office of the SJA Newburgport, Massachusetts Hq. 3535th Navigator Training Wing COL. JAl\IES E. GODWIN Mather AFB, California Army SJA, Hq. Second US Army CAPT. JAMES E. DOTSON Fort George G. Meade, Maryland SJA, 7227 Support Group APO 293, New York, New York ARNOLD M. GOLD COL. G. R. DOUGHERTY 1670 Penobscot Building 3260 Gough Street Detroit 26, Michigan Apartment 101 LT. RAYMOND B. GREEN San FrancisC'O 23, California Trailsend Drive LT. COL. JOHN J. ENSLEY Canton, Connecticut Office of the SJA Sheppard Technical Training MAX E. GREENBERG Center 30 Vessy Street Sheppard AFB, Texas New York 7, New York 68 The Judge Advocate Journal

GARDNER M. HAIGHT COL. M. W. HAZLEHURST JAG School 5836 Washington Boulevard University of Virginia Arlington 5, Virginia Charlottesville, Virginia JAMES M. HEIDELBERG CAPT. CHESTER J. HALICKI 4346 Eisenhauer Street Hq. 7th Air Division (SAC), San Antonio 9, Texas Box 1001 APO 125, New York, New York LACY W. HINELY 6901 N. 28th Street LT. HARRY L. HALL Arlington 13, Virginia Office of TJAG Department of the Navy CAPT. NORMAN K. HOGUE The Pentagon 1029 Woodley Place Washington 25, D. C. Falls Church, Virginia

CAPT. RUPERT P. HALL CAPT, MERRILL Q. HORTON Hq. Killeen AFB Office of the SJA Killeen, Texas 306th Combat Support Group McDill AFB, Florida MAJ. J. FRED HAMBLEN Qtrs. 4305 J COL. GEORGE K. HUGHEL USAF Academy, Colorado 108 Central Way Anderson, Indiana LT. COL. v. A. HARDY 44-D Robles Del Rio CAPT. ERIK A. JOHNSON Carmel Valley, California District Legal Officer First Naval District MAJ. GEN. REGINALD C. HARMON 495 Summer Street 510 RCA Building Boston 10, Massachusetts 1725 K Street, N.W. Washington, D. C. K. L. KARR 155 N. Wacker Drive MAJ. L. ARCHIE HARRIS Chicago 6, Illinois 1421 Atherton Street Sacramento 22, California LAWREN CE M. KEARNS 141 Milk Street GEORGE B. HARRIS Boston 9, Massachusetts Trust Territory of Pacific Koror, Palau CAPT. EUGENE E. KELLY Western Caroline Islands Air Forces, Iceland APO 81, New York, New York LT. RICHARD C. HAYWARD SJA, 6952nd Radio Sqdrn. R. W. KEMLER Mobile 106 N. Center Street APO 199, New York, New York Marshalltown, Iowa The Judge Advocate Journal 69

WILLIAM H. KINffiY COL. MAURICE LEVIN 35 N. Main Street 2300 N. Richmond Street Mechanicville, New York Arlington 7, Virginia

MAJ. JAMES J. KEOUGH CFL. H. J. LINDSTROM First Missile Division Box 223 Vandenberg AFB, California Hamilton AFB, California

MAJ. MARCOS E. KINEVAN MAJ. JAMES W. LOGAN Qtrs. 4307-B SJA, 837th AB Division USAF Academy, Colorado Shaw AFB, South Carolina

ATLEY A. KITCHINGS, JR. ALDo H. Loos 910 First National Bank Bldg. 4743 Bradley Boulevard, Jackson, Mississippi Apt. 406 Chevy Chase 15, Maryland CAPT. WILLIAM C. KNOPKE Hq. Third Air Force DAVID H. R. LOUGHRIE APO 125, New York, New York 301 Baltimore Avenue Cumberland, Maryland COL. RUSSELL KRESSLOV 311 Hector Road KELTON S. LYNN Langley Estates Box 46 McLean, Virginia Rapid City, South Dakota

MAJ. HUBERT A. LAFARGUE COL. THO)'vlAS C. MARMON Office of the SJA J A Section, Hq. USAR, Carib. Lowry Technical Training Ft. Amador, Canal Zone Center Lowry AFB, Colorado MAJ. SAMUEL W. MARTIN, JR. Hq. 13th Air Force ROBERT L. LANCEFIELD APO 7 4, San Francisco, Calif. 2000 Peralta Boulevard Fremont, California MASAJI MARUMOTO P. 0. Box 1035 JOHN LANGLEY Honolulu, Hawaii 2920 Damascus Road August.a, Georgia LEE M. MCHUGHES 3 George Apartments LT. DON M. LASSER 13th and Wertland 50th ABGp. Charlottesville, Virginia APO 109, New York, New York LT. JERRY E. MENDENHALL COL. ARNOLD LEBELL Office of the SJA JAGO Hq. USAF 354 Tactical Fighter Wing Washington 25, D. C. Myrtle Beach, South Carolina 70 The Judge Advocate Journal

MAJ. CARL W. MILZER SAMUEL G. RABINOR JAGO USAF 163-18 Jamaica Avenue Washington 25, D. C. Jamaica New York, New York CAPT. R. T. MOLONEY, USN U. S. Naval Base LT. COL. THOMAS H. REESE Legal Office Hq. Seventh U. S. Army Long Beach 2, California APO 46, New York, New York MAJ. GEORGE W. MOODY HON. SVERRE ROANG Hq. ARRC (SJA) Court House 3800 York Street Janesville, Wisconsin Denver 5, Colorado LAWRENCE H. ROGOVIN CHARLES P. MuwooN 630 W. 173rd Street Hill Building New York, New York Washington 6, D. C. WILLIAM J. ROONEY LT. COL. FRANCIS P. MURRAY 5404 Chrysler Building 7030th ABWg. OPS New York 17, New York APO 12, New York, New York HARVEY ROSENBERG CAPT. JOSEPH W. NELSON 1028 Connecticut Avenue, N.W. 837 W. University Parkway Washington 6, D. C. Baltimore, Maryland LT. EUGENE M. ROTHCHILD LT. COL A. T. NICE SJA, 6167 Support Squadron 7206th Support Group APO 76, San Francisco, Calif. APO 223, New York, New York ROBERT H. RYAN EDWARD O'CONNELL, JR. Box 373 3461 Spring Valley Court Montpelier, Vermont Birmingham 13, Alabama LEANDER R. SADTLER EVERETT E. PALMER 3200 Russell Road 11 % E. Broadway Alexandria, Virginia Williston, North Dakota LT. COL. EDWIN G. SCHUCK LT. COL. HAROLD E. PARKER SincPac Staff 416 Grant Avenue Box 22 Ft. Leavenworth, Kansas FPO, San Francisco, California MAJ. CARL R. PEARSON CAPT. MACK E. SCHWING, JR. SJA 325th Fighter Wing Hq. 33ro Air Division (SAGE) McCord AFB, Washington Richards Gebaur AFB, Missouri MAJ. CARL B. PRESTIN WENDELL D. SELLERS SJA, 20th Tac Fighter Wing 1406 Third National Building APO 120, New York, New York Dayton 2, Ohio The Judge Advocate Journal 71

CoL. WALDEMAR A. SoLF CAPT. ROSE L. VOLINO 1308 Forest Drive CCJ AFCCDD Alexandria, Virginia Lawrence G. Hanscom Field Bedford, Massachusetts RICHARD C. SOUTHARD 1643 Hosmer Road COL. RICHARD E. WALCK Appleton, New York Sandia Base Albuquerque, New Mexico LT. COL. ARTHUR J. SULLIVAN West Chestnut Avenue COL. CLAIRE D. WALLACE Vineland, New Jersey 4617 N. Albina LT. RONALD S. SUPENA Porland, Oregon 2500th Air Base Wing Box 168 LT. COL. WILLIAM R. WARD Mitchell AFB, New York JA Section, Hq. Fourth Army Ft. Sam Houston, Texas LT. COL. THOMAS H. SWAN Hq. J A Division STANLEY DAUM W AXBERG APO 742, New York, New York c/o Dodge and Saltzman 425 Park Avenue MAJ. JAMES TAYLOR, JR. New York 22, New York 4512 - 31st Street, S. Apartment 203 LT. DONALD E. WEIGHT Arlington 6, Virginia 1501st ABGp. Travis AFB, California COL. JOE D. TAYLOR Office of the SJA JOSEPH WEINTRAUB Hq. 9th Air Force Tac 120 Washington Street Shaw AFB, South Carolina Apartment 10 E. Orange, New Jersey LT. JOHN A. THOMAS Office of the SJA NORMAN K. WINSLOW First Hq. Wing P. 0. Box 787 Selfridge AFB, Michigan Salem, Oregon L. NORMAN TISCHLER 277 E. 207th Street ARDELL M. YoUNG Bronx 67, New York 203 Ft. Worth Club Building Ft. Worth 2, Texas CAPT. MARK S. TOLLE Hq. 824th CS Group CoL. TRUMAN R. YOUNG Carswell AFB 27, Texas 4 East Park Randolph AFB, Texas LT. RICHARD C. TROUT Office of SJA CAPT. SEYMOUR ZWICKLER 501st Tactical Control Wing 80 Avenue P APO 12, New York, New York Brooklyn 4, New York 72 The Judge Advocate Journal

NEW MEMBERS June 1960 through 15 December 1960

EDWARD c. BELL, JR. JOHN D. FISCHBECK 316 Montgomery Street 37 4 Old Short Hills Road Laurel, Maryland Short Hills, P. 0. JULIAN R. BENJAMIN Millburn, New Jersey 610 Biscayne Building JOHN D. FISCHBECK, JR, 19 W. Flagler Street Box 711 Miami 32, Florida Charlottesville, Virginia RICHARD W. BLAKEY 206 N. Virginia Street LT. JOSEPHINE R. GARRISON Reno, Nevada 3355 16th Street, N.W. #108 SAMUEL C. BORZILLERI Washington 10, D. C. 1025 Connecticut Avenue, N.W. Washington, D. C. PERCIVAL B. HAMILTON ALFRED BURKA 2302 Norcross Street, S.E. 1707 H Street, N.W. Washington 21, D. C. Washington 6, D. C. LT. CoL. LAWRENCE P. HANSEN HAROLD H. CHASE Contract Appeals Branch 300 Great Plains Building Procurement Law Division Salina, Kansas OTJAG, D/A DAVID J. CONDON Washingt.on 25, D. C. c/o Staplekamp & Shaufler REX J, HANSON First National Bank Building 1807 Mill Creek Way Kenosha, Wisconsin Salt Lake City, Utah FRANCIS PERCIVAL DUNN 311 Rogers Drive LT. COL. STANLEY I. HARPER Falls Church, Virginia 308 Greene Hall Harrisburg, Pennsylvania JOHN S. DWINELL 1459 East 23rd Street WILLIAM A. HERIN Brooklyn 10, New York 470 N.E. 51st Street WINSTON L. FIELD Miami 37, Florida 1647 Oxford Road Charlottesville, Virginia DONALD C. HOHNBAUM 1214 Bankers Trust Building JULES FINK Des Moines 9, Iowa Wender & Fink Wender Building H. L. HOLT 2026 Eye Street, N.W. 611 Western Bank Building Washington 6, D. C. Missoula, Montana The Judge Advocate Journal 73

JOSEPH B. JOYCE MAJ. DAVID E. MARCHUS, JR. 707 Central National Building Office of The Judge Advocate Des Moines, Iowa General Department of the Army COL. JACKSON K. JUDY Washington 25, D. C. Robert Towers Apartments #706 CAPT. WILLIAM A. MARTIN 1300 S. Arlington Ridge Road Box 25 Arlington 2, Virginia Warren, Arkansas

WILLIAM McM. KING lsT LT. DOUGLAS M. PARKER 1320 National Bank of 1654 32d Street, N.W. Commerce Building Washington, D. C, New Orleans, Louisiana LT. COL. HAROLD E. PARKER ARMAND A. KORZENIK 1104 Allan Avenue Korzenik and McLaughlin Falls Church, Virginia 37 Lew Street-Suite 10 HAROLD l. PAWLOWSKI Hartford 3, Connecticut 9041 Hensley Dr!ve RUSSELL C. KUEHL Dresden Village 606 Tower Building Utica, Michigan South Bend, Indiana LT. COL. LEONARD PETKOFF PAUL W. LASHLY Contract Appeals Branch JAGO Lashly & Neun U. S. Army, The Pentagon 812 Olive Street Washington 25, D. C. St. Louis 1, Missouri DANIEL B. PEYSER BOYD LAUGHLIN Hq. Oklahoma City Air Defense Box 670 Section Midland, Texas Oklahoma City AFB, Oklahoma

JAMES S. LESTER BURTON K. PHILIPS Oskaloosa, Kansas 9219 Adelaide Drive Bethesda 14, Maryland CHARLES B. LEWIS, JR. Box 509, 6970th Support Group CDR. ROBERT H. RATHBUN (USAFSS) Staff, Commander of 7th Fleet Ft. George G. Meade, Maryland FPO, San Francisco, California

WILLIAM B. LOTT WILLIAM T. ROGERS 413 Masonic Temple Building 2331 S. Pierce Street New Orleans, Louisiana Arlington, Virginia

WILLIAM H. LUMPKIN WILLIAM H. SCHRADER 1801 N. Inglewood Street 135 S. LaSalle Street Arlington 5, Virginia Chicago 3, Illinois 74 The Judge Advocate Journal

VINCENT J. SHERRY, JR. JOHN E. STONE Base Legal Office, 1004th Air 4672-B South 36th Street Base Wing Arlington, Virginia APO c/o Postmaster, New York, New York J. RODNEY STONE 527% Main Street CHESTER D. SILVERS Court House Newton, Kansas Lawton, Oklahoma COL. WILLIAM H. WARD, JR. LT. FRANCIS M. SMALL, JR. Hq. Alaskan Air Command 1180 Rubio Street APO 942, Seattle, Washington Altadena, California THOMAS A. STANSBURY COL. BLAND WEST 20 N. Wacker Drive 2808 Joyce Street Chicago 6, Illinois Arlington, Virginia

Use the Directory of Members when you wish local counsel in other jurisdictions. The use of the Directory in this way helps the Association perform one of its functions to its membership and will help you. You can be sure of getting reputable and capable counsel when you use the Directory of Members.

The Journal is your magazine. If you have any suggestions for its im­ provement or for future articles, please bring them to the attention of the Editor. We invite the members of the Association to make contributions of articles for publication in the Journal. Publishability of any article sub­ mitted will be determined by the Editor with the advice of a committee of the Board of Directors. The Judge Advocate Journal 75

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