3794 CONGRESSIONAL. RECORD ·-·· SENATE March 2 becomes .necessary -for representatives of·. only the hourly prevailing wage, but also. days, and work on Saturdays, Sundays, the AFkCIO and the building and con· existing fringe benefits f o.und to be the or legal holidays. These provisions are struction trades, -together with inter· prevailing practice ·in any given area primarily directed at placing all Federal ested Members of Congress; to· work• which have been established as a result· construction on ·a comparable basis, bid-· toward the inclusion of the Davis-Bacon of collective bargaining between em­ wise, and also to prevent the Federal prevailing wage provision in the legisla·; ployer and employee. For" example, sev­ Government from participating in any tion. The remedy I propose is a simple eral instances have occurred in my own ~ituation which would tend to destroy or one, involving a basic.reViSiOI?- Of the law State of Washington, where outside con­ undermine prevailing hours of work and to extend the coverage on a permanent tractors have me.t the prevailing wage rates of overtime pay arrived at through basis instead of in pie·cemeal fashion as provision, but failed to conform to . the privately negotiated collective bargain­ is presently the case. H. R. 9777 simply local prevailing fringe benefits, which ing. · guarantees that all types of grants, loans obviously placed the local contractor at Finally, H. R. 9777 would confer the or contributions made by the Federal a great disadvantage. The bill would necessary authority upon the Secretary also require the Secretary of Labor to . of Labor to make investigations and fµll Government to assist the various States enforcement power to carry out.the pro- and localities in .needed : construction predetermine prevailing practices with visions of the .act. . must be automatically covered by the r'eference to hours of work and overtime It is my sincere hope that the distin­ Davis-Bacon. prevailing wage pr,ovision. payment. H. R. 9777 points up a spe.cific guished Members of. this House, recog­ In short, my bill is designed to ma!te the proyision in regard to payment at a rate nizing the need for the maintenance of Davis:..Bacon prevailing wage policy uni­ of not less than time and one'-half· the fair · labor · standards throughout the · form in its applicatibn. basic hourly wage for hours in excess of length and breadth of the Nation, will . In addition, H. R. 9777 requires. the 8 hpurs per day, in excess of ·40 hours act favorably on tnis legislation when ·it Secretary of Labor to predetermine no~ per week, work in excess of 5 consecutive comes to the floor of the House.

. ( to construct, operate, and maintain the consent that any statement made in con­ SENATE: Ventura River reclamation project, Cali­ nection therewith be limited to 2 iniriutes: fornia. The PRESIDENT pro tempore. With_. F~IDAY, MARCH 2, 1956 out objection, it is so ordered, . .. Rev. Joseph MacCarrop;· pasfo.r 'of the MESSAGE FROM THE HOUSE Ewing Presbyterian Church, Trenton, N. J., national chaplain qf .the American A message from the House of Repre- EXECUTIVE SESSION . Legion, offered the following prayer: sentatives, by Mr. Bartlett, one of its Mr. HAYDEN obtained the' ft.oor. clerks,' announced that the l!ouse had Mr. CLEMENTS. Mr. President, will Dear Lord, and Father of Mankir..d, . passed the bill

We understa:iad that the :Site oon.tains 'Only ~onger than ·the 2 minutes allowed under has been unable, if not unwilling, ·to one builqin_g, whieh ls ,so dilapidated ·that i;j; the 'Order which has been entered. carry out the farm-housing policy of the has been condemned -as a fire hazai'd and is : The PRESIDENT pro tempore. With­ Congress. in ibhe process of being torn down. · The Governor of Alaska 1s anxious to develop QUt objection, the Senator from Alabama Mr. President, I do not need to remind the area as an historic site, and i;entative .inay proGeed. , the f?enate of the tragic .ineptitude of :arrangements have •been made 19oking toward · .Mr. 'SPARKMAN. Mr. President, I :in,.. this administr.ati-on in administering this end. The ownership of the site, how­ troducc, for appropriate refeTence, a bill farm policy. 1 shall merely say at this ·ever, is .open to some question, ·and -we, to continue the authority to make funds ·time that the disastrous failure ,of this therefore, recommend •enactment of the available for loans and grants under administration in the entire field of agri­ attached bill ln an effort to remove .any dou~ ·title V of the Housing Act of 1949, .as culture is reflected in its administration which may now· or hereafter exist. of farm-housing policy. iF.i'cml. 1898 .to 1932 the Department of Agri­ ,amended. culture used the Bar.ailGf Castle site for pur­ The PRESIDENT pro temp.ore. The 'In the past 2 years, despite the avail­ poses of an agriculturarl experiment station. biil wiU be received and appropriately ability of more than $200 milUon in loan By the Ac:t of .Jwy 'J, 1932 (Department of ref.erlfed. al!lthority ·under title V, the administra­ Agriculture Appropriations Act for l933, 4'7 The bill (S. 3346) to continue the au­ tion has been unable, or unwilling, to Stat. 609, 614}, the Secr-etary of Agriculture thority to make funds available for loans ..make any farm-housing loans under this was authorized to transfer the site to local ·act. The .need for these loan8, as we authorities, or to sell it at public or private and grants under title V of the Housing sale. It appears that tbe first alternative Act of 1B49, a'S amended, introduced by all know only too well, is not only as was selected, and in an instrument dated .Mr. SPARKMAN, was received, read twice ·great .as it was when the legislation was November 2, 1932, the Acting Secretary of by its title, and referred to the Committee ·first enacted, but is increasing rapidly. . A~ric~ture "transferred".to the city of Sitka on Banking. and Currency. · As we approach the close of the debate the area in question, .subject. however, to the Mr. SPARKMAN . .Mr. President, this .on this year's farm bill, I believe that condition "that should said property ever be ·bm, if enacted, would revive and we are more keenly .aware th.an ever sold, assigned, transferred, leased, or used before of the immediate and long-term ·for commercial purposes, title thereto shall strengthen our efforts· to help the Na­ needs of our Nation's farmers~ revert to the United States of America." tion's farmers to obtain decent housing. By the act of July 11, 1947 {61 Stat. 310), The primary purpose of title v is to I shall not belabor the excuses given ·the Congress authorized the sale of the provide farm-housing loans'for construe;. by this administration for its failure to ·Bat"anof Castle -site to Sitka, but no action tion, remodeling, repair of farm dwell­ implement the farm-housing policy of was taken pursuant to that -authority, -al­ ings, other farm buildings, and for other the Congress, ru\:cept to mention 1 ·or .2 though the property was appraised prepara- farm-improvement developments. ·Loans that would be a cause for .amusement tory to sale.· · may be made to any farm owner . who if they did not result in such individ- W

Fiscal years Inception of program through June 30, 1954 1950 1951 1952 1953 1954 State and Territory Number Amount Number Amount Number Amount Number Amount Number Amount Number Amount initial initial and initial initial and initial initial and initial initial and initial initial and · initial initial and loans subsequent loans subsequent loans subsequent loans subsequent loans subsequent loans subsequent (1) (2) (3) (4) (5) (6) (7} (8) (9) (10) (11) (12)

United States totaL 3, 791 $17, 229, 474 5, 154 $24, 105, 294 4, 051 $20, 776, 854 3,274 $19, 125, 221 2,688 $16, 067, 934 18, 958 $97, 304, 777 Alabama ______------226 1, 150, 270 232 1, 184, 410 208 1, 170, 701 219 1, 357, 098 177 880, 020 1, 062 5, 742, 499 Arizona __ -----____ --__ 20 112,000 28 175, 580 25 189, 623 14 122, 897 15 · 145, 462 103 745, 562 Arkansas ____ ., ______~ California ______83 276, 190 232 703, 871 323 979,353 195 714, 927 153 601, 064 986 3, 275, 405 Colorado ______128 672,880 118 602, 708 91 532, 778 60 470, 204 60 536, 618 457 2,815, 188 30 139, 160 67 393, 555 53 303. 963 46 303, 646 31 190, 313_ 2~7 1,330, 637 Connecticut ___ ------3 6,027 9 32, 490 12 37;850 9 56, 970 1 8, 745_ 34 142,082 Delaware_------0 0 2 13, 540 3 12, 750 0 0 0 0 5 26, 290 Florida __ ------·------59 267,355 92 461, 246 107 648, 163 60 405, 013 48 379, 978 366 2, 161, 755 Georgia_------260 1, 042, 530 329 1, 496, 304 267 1, 347, 002 168 992,231 146 874, 2.11 1, 170 5, 752, 278 Idaho_------87 518, 450 119 692, 989 47 ?.94,352 51 338,860 37 265, 358 341 2, 110, 009 IndianaIllinois------______- 83 293, 610 87 329, 168 58 253, 413 64 252; 044 66 293, 331 358 1, 421, 566 54 235, 165 97 431, 957 72 354, 220 52 315, 315 42 300, 780 317 1, 637, 437 Iowa_------Kansas ______43 194, 915 65 260, 605 115 527, 870 75 389, 469 67 352, 001 365 1, 724, 860 53 203, 300 86 422, 363 62 356, 936 48 2-89, 897 33 261, 757 282 1, 534, 253 Kentucky ______80 342, 342 102 480, 509 67 387, 005 121 721, 295 76 446, 703 446 2,377,854 Louisiana ______518, 210 185 Maine______- 123 899, 086 132 703, 117 121 698, 402 84 533, 086 645 3,351, 901 49 164, 834 80 296, 908 58 233, 255 44 205, 233 37 184, 103 268 1,084, 333 Maryland ______35 145, 475 22 97, 155 34 187, 981 32 201, 085 24 185, 325 147 817, 021 Massachusetts __ ------2 6,200 f5 28, 796 7 38, 452 4 18, 010 4 26, 350 22 117, 808 Michigan __ ------85 386, 069 149 705, 634 69 321, 214 62 322, 039 66 359, 937 431 2, 094, 893 Minnesota_------53 196, 667 79 299, 014 70 314, 913 68 305, 961 53 230, 049 323 1, 346, 604 Mississippi______- 151 530, 750 277 1,072, 109 301 1, 227, 004 251 1, 176, 620 184 958, 195 1, 164 4, 964, 678 MissourL------180 550, 380 220 734, 276 205 804, 094 179 779, 964 152 542, 862 936 3, 411, 576 Montana______48 296, 345 47 221, 670 33. 186, 900 33 227, 208 30 244, 542 191 1, 176. 665 Nebraska __ --~------101 456, 865 130 516, 927 69 323, 258 39 210, 760 30 184, 961 369 1, 692, 771 Nevada_------6 44, 300 7 49, 100 6 43, 295 3 19, 612 2 13, 147 24 169, 454 New Hampshire ______1 500 3 8, 895 4 12, 125 4 18, 950 5 28, 085 17 68, 555 New Jersey_------23 82, 574 33 143, 515 32 178, 621 37 243, 198 36 179, 186 161 827,094 New Mexico_------54 244, 329 58 279, 350 52 340, 557 • 42 277, 553 38 245, 636 244 1, 387, 42-0 New York ______35 128, 110 47 216, 857 32 171, 465 27 202, 859 28 218, 584 169 937, 875 North Carolina ______115 535, 565 194 947, 916 167 909, 275 150 .1. 090, 111 135 883, 794 761 4, 366, 661 North Dakota______15 67, 830 64 348, 241 39 239, 363 46 324, 694 37 294, 994 201 l, 275; 122 Ohio __ ------·--- 25 98, 815 60 278, 780 47 205, 595 49 227, 700 23 -15i. 355 204 962, 245 Oklahoma_ ------256 1, 165, 174 303 1, 385. 426 208 1,084, 014 .121 777, 766 93 571, 960 9_81 4, 984, 340 ______------_ 49 344, 066 67 421, 258 53 323, 919 25 168, 226 14 97, 955 208_ 1, 355, 424 Pennsylvania_------89 333, 813 130 443, 199 73 394, 026 56 302, 713 22 137, 282 370_ 1, 611, 031 Rhode Island ______0 0 0 0 0 2 5, 570 0 0 . 2 5, 570 South Carolina ______104 552, 390 177 954, 967 145 845, 962 94 653, 090 99 641, 983 _ 619 3, 648, 392 South Dakota ______48 237, 964 70 332, 401 28 140, 340 39 250, 524 51 301, 096 236 1, 262, 325 Tennessee ______- 137 606; 340 192 966, 182 57 323, 709 106 633, 334 113 626, 474 605 3, 156, 039 Texas_------338 1, 567, 099 309 1, 647, 013 234 l; 506, 133 147 977, 685 138 1, 037, 416 1, 166 6, 735, 346 Utah ______------75 469, 012 100 574, 186 40 230, 649 31 226, 699 23 181, 268 269 1, 681, 814 Vermont ______1 3, 170 7 25, 175 5 17, 650 3 18, 280. 2 7, 100 18 71, 375 Virginia ______80 448, 484 93 518, 361 64 457, 670 64 480, 093 47 358, 083 348 2, 262, 691 Washington ______49 371, 125 64 402, 954 41 265, 079 34 216, 529 26 206, 408 214 1, 462, 095 West Virginia ______63 347, 005 76 485, 689 45 262, 653 35 288, 717 38 270, 152 257 1, 654, 216 Wisconsin ______58 234, 650 90 356, 450 61 310, 034 53 275, 278 42 233, 426 .304 1, 409, 838 Wyoming ______45 218, 810 45 240, 980 27 162, 895 16 117, 092 10 88, 949 143 828, 726 0 0 1 1,000 0 0 0 0 0 0 1 1, 000 ~~~~~i~~=::::::::::::: 21 179, 940 25 182, 015 31 265, 640 19 161, 674 7 48, 950 103 838, 219 Puerto Rico ______67 240, 920 77 333, 684 65 319, 720 54 275, 626 38 227, 900 301 1, 397, 850 Virgin Islands ______1 1,500 3 8,830 7 30, 300 2 16, 500 4 31, 000 17 88, 130

Source: U.S. Department of Agriculture, Farmers' Home Administration. Farm housing: ·Number of borrowers, amount loaned, and payments, cumulative through Dec. 31, 1954

Borrowers paid in full Borrowers with unpaid balance as of Dec. 31, 1954

Payments Principal and interest payments

Regular and advance Total payments made on number Total State and Territory amount · scheduled install- of bor- Num- Scheduled men ts Extra rowers loaned Num- payments ber Total Principal Interest ber installments Total and As per- refunds Amount cent of ' schedule

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)

United States totaL __ 18, 919 $97, 249, 269 2,276 $9, 521, 830 $8, 846, 836 $674, 994 16, 643 $16, 668, 296 $19, 385, 085 $17, 596, 774 106 $1, 788, 311

Alabama ______-----______1,060 5, 743, 716 125 645, 277 605, 870 39, 407 935 965, 581 1, 153, 231 1, 061, 593 110 91, 638 Arizona_------104 746, 197 17 97, 590 92, 389 5,201 87 121, 994 127, 569 122, 273 100 5, 296 Arkansas------988 3, 276, 412 113 340, 312 318, 647 21, 665 875 544, 197 660, 239 584, 554 107 75, 685 California ____ -----_---- __ --_ 455 2, 816, 259 82 379, 230 348, 819 iSO, 411 373 461, 087 494, 975 460, 648 100 34, 327 Colorado ____ ------226 1, 330, 353 26 121, 996 112, 147 9,849 200 212, 695 232, 828 204, 613 96 28, 215 Connecticut ______34 142, 082 8 20, 367 18, 870 1, 497 26 23, 895 25, 858 23, 026 96 2,832 Delaware _____ ------5 26, 290 1 9,451 8, 750 701 4 . 3,270 2, 653 2, 653 81 0 Florida ______365 2, 161, 968 44 224, 108 209, 382 14, 726 321 375, 730 420, 098 386, 307 103 33, 791 Georgia ______1, 170 5, 754, 380 129 506, 382 465, 782 40, 600 1, 041 1, 062, 734 1, 248, 081 1, 122, 169 106 125, 912 Idaho __ ------340 2, 110, 720 38 195, 270 178, 267 17, 003 302 385, 352 421, 528 388; 016 101 33, 512 Illinois ______---_- ---- 358 1, 421, 608 71 237, 355 218, 375 18, 980 287 247, 468 277, 553 255, 146 103 22, 407 Indiana_------318 1, 643, 959 60 210, 579 196, 383 14, 196 258 256, 082 318, 951 288, 531 113 30, 420 Iowa ___ _------365 1, 725, 190 37 150, 525 138, 791 11, 734 328 252, 164 301, 263 266, 257 106 35, 006 Kansas ____ ------_------281 1, 535, 105 42 161, 636 150,374 11, 262 239 i41, 384 267, 603 236, 962 98 30, 641 Kentucky ______447 2, 378, 042 32 142, 578 133, 771 8, 807 . 415 397, 224 507, 073 448, 944 113 58, 129 Louisiana_------644 3, 352, 823 58 269, 937 251, 624 18, 313 586 674, 750 783, 851 725, 392 108 58, 459 '3800 CONGRESSIONAL RECORD-· SENATE Mar-ch 2 Farm housing: Num'ber of borrowers~ amount loaned, and payments, cumuialive :tlvrougk Dec. 31, 1954-Contib.ued

Borrowers paid in full Borrow.ers with unpaid balance as of Dec. 31, 1954

Payments Principal.. an.d interest payments

: .Regular and advance - 'Total payments made on number Total State and Territory amount .scheduled install- Extra of bor- Num- Schedu~ed ments rowers loaned Num- payments ber Total Principal Interest ber installmen.ts Total and As per- refunds ,. Amount cent of schedule

(1) <(2) '(3) (4) (5) '(6) (7) '(8) '(9) (10) (11) (12) --- -·- Maine ___ ------267 :$1, 079, 718 29 $81, 684 .$76, 572 $5, 112 238 $223,340 $246, 398 $~20,033 '99 $26,365 Maryland ______146 817, 021 21 102, 246 94, 875 7, 371 125 . 118,864 131, 071 116, 684 '98 14,387 Massachusetts._•------22 117,808 3 12;660 11, 425 1, 235 19 17,'879 16, 683 14, 921 83 1, 762 Michigan ______, 431 2, 095, 562 35 136, 792 123, 736 13, 056 396 385, 245 454, 414 424, 709 - - -· 11() 29, 70.5 Minnesota_------323 1,346, 606 38 172, 655 159, 676 n979 285 192, 379 235, 547 217, 107 113 18,440 . l, 155 4, 965, 215 123 449, 562 421, 995 27, 567 il,032 899,'379 1,026, 674 954, 732 -- . 100 · 71, 942 936 . 3,409, 563 128 375, 124 349,.791 25,333 808 537,287 621, 680 566, 492 ·- 105 -· 55, 188 Montana~~~~~~i--:======~====~====______· 1, 166, 942 25 124, 650 116, 742 7,908 165 185, ()()() 219,040 192, 243 -104 Nebraska ______190 26, 797 369 1, 698, 281 58 235, 414 217, 108 18, 306 311 299,489 316, 475 '287, 225 --- - ~6 ·- 29, 250 Nevada ______------_--• 24 169, 742 2 3, 750 ' 3,500 250 22 :14, 456 33, 734 33,433 97 301 New Hampshire~------· 16 65, 470 2 3,883 ' 3, 585 . 298 14 6,927 10, 144 7, 794 113 '2,350 New J.ersey __- --~ ------161 827, &13 . 23 91, 849 83, 946 7,903 138 133, 625 144, 747 132, 525 ·99 12, 222 New Mexico ______242 1, 372, 552 35 !135, 679 125, 112 10, 567 207 231, 784 245,049 225, 150 ,97 19, 899 New York __ ------169 939, 216 19 -87, 306 82, 124 5, 182 150 140,417 162, 959 142, 399 101 · '20, 560 North Carolina.~------j 760 4,364, 422 61 292,482 272, 819 19, 663 C99 697, 963 946, 076 £39, 567 -120 106, 509 North Dakota ______40, 151 · 37, 564 2,587 188 217,.554 0 hio ______, 199 1, 253, 761 11 217, 101 196, 777 90 20, 324 204 963,329 48 196, 856 180, 453 16, 403 156 138, 853 160, 124 141, 315 102 18, 809 Oklahoma ______978 4, 986, 241 130 544, 642 510, 767 33, 875 848 875, '604 999,423 890, 454 102 108, 969 Ortegon ______------" · 208 1, 355, 553 35 186, 218 '172, 640 13, 578 173 237, 779 274, 365 245, 550 lOd 28, 815 Pennsylvania_----~------366 1, 606, 556 65 189, 227 174, 645 14, 582 301 280, 911 302, 507 279, 039 - 99 23, 468 Rhode Island_------2 5, 570 0 0 0 0 2 7..55 796 796 105 ,Q South Carolina ______618 3, 648, 729 44 180, 953 167, 767 ' 13, 186 574 669, 423 809, 241 734, 036 110 . 75, 205 Sout:q Dakota ______236 1, 262, 883 17 85, 384 79, 787 5, 597 219 194, 653 202, 675 181, 455 .93 21,'220 Tennessee ___ ------~ ---- 604 3, 152, 362 76 305, 424 282, 924 22, 500 628 ' 537, 087 652,-697 593, 181 110 59, 516 1, 162 6, 725, 548 146 701, 717 650, 661 51, 056 1, 016 1, 180, 203 1, 394, 100 1, 273, 039 108 121, 061 269 1, 681,, 987 23 138, .608 128, 149 10, 459 246 333,.389 383, 776 '350, 784 105 32, 992 tra~~~======18 71, 375 2 9, 814 8, 810 1, 004 16 10, 101 10, 103 9, 430 93 673 2, 262, 855 36 174, 616 162, 357 12, 259 314 386, 450 435, 110 '398, 497 Washington ____ _:. ______350 103 36, 613 ~:=:======214 1, 462, 155 ' :_24 131, 269 122, 130 9, 139 190 258, 373 286, 445 265, 463 -ma 20,982 West V:irginia ______255 1, 655, 033 19 135, 619 126, 625 8, 994 236 288, 846 351, 322 .314, 544 109 ;36, 77S Wisconsin ______, 266 Wyoming ______. 304 1, 412, 990 38 131, 420 120, 837 10, 583 223, 463 '274, 144 '247, 773 111 26,37'1 143 828, 828 23 104, 699 97, .927 6, 772 120.o . 146, 442 142, 921 139, 075 .95 8,846 HawaiiAlaska _.__ _------______•~--- ______-- ___ __ 1 1,000 1 1, 105 1,000 105 0 0 0 .0 . 0 103 838, 461 8 . 48, 986 45, 184 .3,802 95 14'1., 936 184, 138 163, 774 115 ' 20, 364 Puerto Rico ______297 1, ~85, 137 43 189, 362 178, 362 11, 000 254 208, 714 229, 466 211, 108 101 18, 358 Virgin Islands ______17 88, 181 ' 2 7, 431 7,000 431 15 8, 119 20, 586 . 8, 586 106 12, 000 ' Source: U.S. Department of.Agriculture, Farmers' Rome Administration.

AGRICULTURAL ACT OF 195G­ which was ordered to lie on the table ATTEMPTS TO REPEAL CARGO AMENDMENTS and· to be printed. PREFERENCE ACT_ Mr. CAPEHART submitted an amend­ Mr. McCARTHY submitted an amend­ ment, intended to be proposed by him to Mr. BUTLER. Mr. P.resictent,. _an ex­ ment~ intended to be proposed by him · Senate bill 3183; supra, which was or­ cellent editorial entitled "Pet-er to Pay to the bill (S. 3183) to provide an im- · Paul?" appeared jn the Jollrnal of Com­ proved farm program, which was or­ dered to lie on the table and to be -printed. .mer.ce .on..F.tiday, .F-eb.r..uary .24, 1.9.56. Al­ dered to lie on the table and to be though one might suppose that it dealt printed. with a.religious matter, the fact is that Mr. WELKER submitted amendments, NOTICE OF PUBLIC HEARINGS ON the editOrial concerns the attempts of intended to be proposed by him, to Sen­ HOUSING BILLS BY THE SUBCOM­ the Senate Committee on Agriculture ate bill 3183, supra, which were ordered MIT.I'EE ON HOUSING ..QF . THE and Forestry to repeal Public Law 664, to lie on the table and to be _printed. COMMITTEE ON BANKING AND the Cargo Preference Act. Mr. ANDERSON submitted amend­ CURRENCY Certainly the Journal of Commerce, ments, intended to be proposed by him a trade publication of infinite reliability, to Senaite bill 3183, supra, which were Mr. SPARKMAN. Mr. President, on did not come lightly to the following con­ ordered to lie en the table and to be behalf of the Sucommittee on Housing clusion: printed. of the Committee on Banking and Cur­ Everybody in Congress, including thtJ Mr. BARRETT (for himself and Mr. rency, ·I desire to give notice that public members of the Sena:te Agriculture Commit­ O'MAHONEY) submitted.amendments, in­ hearings will be held on S. 1536, S. 2565, tee, knows and knows well that there is no s. 2640, s. 2736, s. 2762, s. 2790, s. 2848, possibility of the cargo-preference clause get­ tended to be proposed by them, jointly, ting the study it deserves when it is brought to Senate bill 3183, supra, which were s. 3057, s. 3158, s. 3186, s. 3190, s. 3302_.. S. 33

unanimous consent that the entire edi· We have supported this act (and similar ~ad to face the travail of W.orld War II torial appear at this point in the RECORD. proceeding regulations) . only because it is a ~hich began .only 6 months after the then'. There being no objection, the editorial necessary evil. It was made necessary be­ ~Ard!nal Pacelli. was elected. His first en­ cause the extraordinary movements of Gov­ cyclic.al, on October 27, 1939, was a brave was ordered to be printed in the RECORD, ernment cargoes under UNRRA, the Marshall an~ outspoken condemnation of totalitari­ as follows: plan and other emergency programs com­ anism. At -th~t moment.he was facing the. PETER T.o PAY PAUI.? pletely upset traditional means of securing tragi<: destru~tion of catholic Poland by the· It may be premature to say that a :scheme cargo. Because of dollar shortages abr98-d German Nazis . . Any totalitarian philoso­ is afoot in Washington to throw an extra and other factors, United States ers of the Senate Agriculture Committee, no comment, for he came to the papacy from 50-50 rule to farm surplus· shipments, and know.s .and knows well that there is no possi­ a . brilliant career as secretary of state and so do the farm groups as a whole. They bility of the cargo pref.erence clause getting his vast erudition and knowledge of lan­ maintain it severely restricts .surplus sales the study it deserv.es when it .is brought forth suddenly as a rider in a large measure con­ guages are ..evident in all .his work. Ta to Scandinavian and other eountrie.s which Roman Catholi.cs there is the added fact that balk at paying dollar freights. For this .rea­ taining the political dynamite .of the farm he is as profoundly and sincerely religious son, the Agriculture Committee doubtless bill. as a man can be. felt justified in .adGpting such an amend­ _we hope the Senate, and later the House, will show more responsibility and more wis­ A pontiff is, by the nature of his 1'0sition ment to the farrr.. bill. a citizen of the world as well as to Roman'. However, there are other factol'S to be con­ dom than the Agrlculture Committee. We hope, among other things. the shipping Catholics, the successor of St. .Peter. In the sidered which do not put the committee's case of Pius XII one must add the homage action in a very favorable light, clause will be promptly dropped. Then, at least, whatever Congress gives the :£armers and respect due .to a man who has -done First, the Senate Agriculture Committee nothing but good in a post of great power. gave no hint of its plans in this respect, and ?-S an election year bonus won't be a case of robbing Peter to pay Paul. That he should have vecovered so well from signally failed to give .snip operators an op­ .his r.ecent desperate illness and be celebrat­ portunity to make their own views known. ing his 80th birthday in a state of heal.th is If any supporters of the cargo-preference· something that brings deep satisfaction to rule were even allowed in the committee EIGHTIETH BIRTHDAY ANNIVER- many millions in many lands today. room, we have yet to hear of it. SARY OF POPE PIUS XII . Second, members of the Agriculture Com­ · Mr. SMITH of New Jersey. Mr. Presi­ Mr. BARKLEY; Mr. President, [wish mittee could hardly help knowing t.hat an­ dent... today marks the 80th birthday of to take a moment ·of the time of the Sen· other congressional committee-the House ate to pay tribute to a great religious Committee on .Mercnant Marine-had been Pope Pius XII. leader and a great moral force in the conducting an extensive inquiry into the op­ For the past 17 years Pope Pius has eratlons of the Cargo Pr.eference Act includ­ been f.or p.eople of all faiths a shining world today. ing, among other things, its effect on sales symbol of hope, and an. inspiring leader For six generations my ancesters were of surplus agricultural commodities abroad .. in the fight against all forms <>f totali­ Presbyterians and elders in the Presby. It is difficult, of course, to conceive that tarianism and in the stru'3'gle for a more terian Church. I was educated in a Congress as .a whole would· approve legisla­ peaceful world. Methodist college; and since becoming tion which would restore rigid farm props 17 years -of ·age, I have been member Men of all faiths are .able to find a at 90 percent of parity, thus virtually guar­ of the Methodist Church. I have al.:. anteeing more and more 'Production, and strength in his example and in his morar y.rays tried to be liberal in my religious yet at the .same time adopt .a modified soil and spiritual leadership. views and in my religious activities. bank plan which would restrict production. We all sincerely hope that the world. Still less is it likely that the President will continue to have the guidance of So, Mr. Pr-€sident, I wish to take ad· ·would accept it. Pope Pius XII for many years to come. vantage ~f this opportunity,, on this day~ to P~Y tribute to Pope Pius XlI, who to· So it could be reasoned that the battle It is a source of great personal grati· over the farm bill's major provisions-the day .IS celebrating his 80th birthday anni· soil bank versus rigid supports-will be­ ft.cation to me that on two occasions versary and his 17th year as the head of come so intense the shipping clause will be within the past few years, as a member the great Catholic Church ef special Senate committees, I have had lost in the shuffle. ;ri?.ere may be differen~es of religious This newspaper is not so sure. the high privilege of a personal audi­ op1mon among our people-as there are· For all the political opportunism reflected ence with His Holiness. No one can put there is one, great, fundamentai in the Senate's farm pill, its .framers could meet Pape Pius XII in person without not be completely unaware of what its effects feeling the inspiration of a great spir· principle to which all of our faiths ad­ will be. Suppose, for example, administra­ itual leader. · here and seek to practice :and promote tion forces (combined, possibly, with the po..: and that is a spirit of br-0therhood of litically disturbing prospect of a Presidential Mr. President, I ask unanimous con­ ~nderstanding, and of deep sympa'thy veto) muster enough strength to knock out sent that an editorial in today's New m a world of confusion and frustration the provision for a return to rigid supports. York Times, entitled "Pope Pius at 80" over the great problem which beset man· What then? Will the shipping clause dis­ be printed in the body of the RECORD ~t kind. appear too? Or wiU Congress decide that this point in my remarks. During the last 17 years, Pope Pius having · deprived some farmers of the rigid There being no objection, the editorial ;xu has presided over the e assumed hope tha.t -the .act will accomplish its in•· Mr. -President, 'why does this' lawless~ an important role in the legislative process.. tended pmposes. Opposed to these useful activities of lobby­ Considerable attention must be given -to ness reign in the Snake River· Canyon? ists are actions which, though not illegal, are the lsSues -·of ·coverage, who should come Does the Idaho Power Co. believe that, something less than desira,ble and which within the purview of the act, and the nature because it has been :given the world's must be carefully watched to insure that of the information :to be supplied by regis­ finest damsite without cost, it -also has they do nqt develop into obstructions to trants, carte .blanche immunity from State· ·a:nd sound legislative action. Inspired letter The act has been criticized by lobbyists. Federal lawJ .Is jt above the law? campaigns are not inherently evil, but leg­ political sbientists, the courts, and Members The attorney general of the State of islators should have some means for deter• of Oongress. Changes are long overdue .and· mining the true weight to be attached to let­ the Senate Reorganizaticm Subcommittee Oregon, the Honorable Robe::t·Y. Thor·n .. ters from such sources-charges of inspired proposes to examine these problems 'thor­ ton, has moved to clarify the Oregon. sit~ telegram campaigns in connection with the oughly and to recommend changes found to nation. He has requested the :'.:istrict at­ natural gas bill have been heard. be necessary. Lobbying abuses of the type torney for· Baker County, Oreg., where Everyone should have the right to contrib­ found in the natural-gas battle will also be the dam is under construction, to take ute to the political campaigns of his favorlte thoroughly -examined. It is not easy to draw action against the company in conform­ candidates, but the opportunity for using legislative guidelines in this sensitive field, ity with State law. Inasmuch as the campaign contributions to influence legisla­ but if there is to be .an act which the lobby­ .of tive action, a charge made in the Senator ists can understand and whic'!:l will provide State Oregon has thus acted to uphold Case incident, should be exposed to the :the Congress and the public with the infor­ its statutes, I believe the Attorney Gen­ brightest light. A lobby.ist should be able to mation necessary to identify and evaluate eral of the United States should also express the views of those he represents to the lobbyists' efforts, legislative changes .must proceed to .require .observance of Federal Members of Congress, but there should be a be made. law. Because of the company's irre­ way to insure that he really speaks for the The assertion of Senator Thomas .Hart sponsible and illegal acts, I am asking number of persons he professes to represent Benton -of Missouri, more t.han 100 years ago; the Corps of Engineers to withhold any and that he is accurately reflecting their that he would aid a group of lobbyists to se;; bridge permit to the Idaho Power Co. views. , cure ·a ship subsidy only upon the condition until the Attorney General has de­ A lobbyist can spend as much money as he that "when the vessels are finished they will wishes to advance the legislative views he be used to take all such damned rascals as termined the consequences of its actions. advocates, but it should be possible for the you~ sir, out of the country" stands as one This is the very minimum which must be Legislature to have a realistic picture of how of the m0st vigorous proposals for action in done if our laws are to have any mean­ much is spent for lobbying :and, in the in­ this field. It is, alas, perhaps impractical ing and purpose. terest of complete identity of the interests today, but nevertheless the effective super­ In addition to these circumstances, Mr. represented by the lobbyist, the manner in -vision and surveillance of the lobbyist re­ President, I now find that on ,January mains as a continuing challenge :to the peo­ which and from whom the money was 19, 1J)56, the Idaho, Power. Co. sent to acquired. ple :and the Congress. Lawyers who assist individuals to pursue thousands ' of industrialists throughout claims against the Government requiring the United States .an elabor-ate brochure special legislation ,and to secure legislative DISREGARD OF STATE AND FED­ defending its piecemeal program for action in immigration and naturalization Snake RiiVer development. That bro­ matters are entitled to fees, but rackets ERAL STATUTES BY THE IDAHO chure baldly recommended - that the should not be permitted to flourish in which POWER CO. Clearwater and the Salmon Rivers be -lawyers collect exorbitant fees 'for work done Mr. NEUBERGER. Mr. President, the blockaded, as alternatives to Hells Can­ by congressional offices as a matter of routine irresponsibility keynoted by Interior yon high dam, in order to secure storage for those who merely ask. These dangers in­ herent in lobbying demonstrate the need for Secretary McKay and the Federal Power t"or flood control. Th,ese are streams careful surveillance of its practitioners. Commission in the abject surrender of :which cannot be shut off by dams without Another trend in the trade is the growth. the Hells Canyon Dam site is now being doing incalculable harm to fisheries, Of gra-ssroots lobbying-that is, attempts to duplicated by the recipient of their wildlife, and scenic values. Yet the -create a favorable climate in the country for bounty-the Idaho Power Co.-through Idaho.PowerCo. is willing that the Amer­ basic ideas of governmental philosophy and flagrant disregard of State and Federa1 ican people, both now and in the future, for specific legislative proposals. There is, 'Statutes. shall make this permanent sacrifice if at best, a hazy distinction between this type Df lobbying and purely educational discus­ The company's high handedness was the selfish plans of tl: e Idaho Power Co. sion, research, and analysis; thus there is illustrated last .fall, when construction are thereby advanced. genuine doubt about whether Congress has was started -on one of its dams without In fact, the Idaho Power Co. bi:azenly the power to supervise this particular form meeting the legal requirements of the pushes for the Bruces Eddy and Penny of lobbying and, if it does, whether it is wise 'State of -Oregon. Although my home Cli1f Dams on the Clearwater, dams or desirable to ,exercise-the ,power. State requiires that projects utilizing which leading conservationists fear will The many investigations and the public public w~ters of the State must be li­ destroy .one of the great outdoor areas indignation over abuses by lobbyists of the censed by the Oregon Hydro-Electric of the Nation. One can only wonder if right to. petition Congress did not result in .any Federal legislation in this field until Commission, the Idaho Power Co. has the Idaho Power Co. would have these 194<3. Then a lobbying bill was adopted re­ ignored the authority of State law by dams, too, constructed without receiving quiring lobbyists to register, to identify their starting construction without State per­ -the necessary authorization from proper employers, to provide quarterly reports of mission. In fact, when hearings were State authorities. their expenditures for the purpose of influ­ held in January by the State commis­ encing legislation, to describe the legislative sion, an attorney for the company con­ actions in which they were interested, and tended that Idaho Power was above the to list those who contributed funds to them. GIVEAWAY CHARGES MADE law of the State, and that it was not AGAINST THE ADMINISTRATION The rationale underlying this act, like that necessary for it to obtain a State license. of the statutes enacted by 35 of the States Mr. MURRAY. Mr. President, in the on this subject, is that the activities of those Not only has the authority of the State who attempt to influence the defeat or pas­ of Oregon over this State of Maine cor­ RECORD of Wednesday. February 29, there sage of legislation are not in 'themselyes ob­ poration been disregarded, but it has now was included a very ex.tensive document jectionable, but that the legislature, and come to my attention that the company .which is supposed to refute a series of the public as well, has the right to know the has also proceeded with construction of articles, written by Mr. Warren Unna, identity of those who seek to influence legis­ . a bridge across the Snake River without uf the Washington Post and. Times lation. This is based on the premise that permission and without compliance with Herald, concerning the giveaway charges the therapeutic effects of publicity will com­ made, against the -present .administra­ pel lobbyists to engage only in acceptable Federal statutes. I have been informed practices, those which can withstand the by the Corps of En­ tion. The document extends from page glare of publicity. gineers that, although the Idaho Power 3541 to page 3546. Unfortunately, the lobbying act now in Co. has applied for permission to bridge The readers of the RECORD undoubted­ existence was hastily thrown together and the- Snake River. the required Federal ly will be intrigued to know what was has failed to be -an· effective instrument for permit has not yet been granted. Yet, contained in the articles to cause such evaluating the activities Qf those who lobby an Idaho Power Co. bridge today spans an-extensive research job to be done and before the Congress. The most important 1 defect is the failure of the act to impose this navigable, interstate stream for such an ·extensive answer to be printed responsibility for the administration and en­ which Federal approval must be granted. in the RECORD. The fact that so much forcement of the act- in any single ·agency or What is the purpose of the ·1aw if such energy went "into the preparation of the official. Until this is done, there is little defiance is to be tolerated? many-paged explanation of Mr. Unna's 3804 CONGRESSIONAL RECORD- SENATE March 2 articles indicates, of its~lf, that the ar­ all, were Republlcans-P.resldent Theodore But the Inquiry findings also indicate, Roosevelt and his forestry adviser, Gifford jurisdiction by jurisdiction: ticles were very powerful ones. Pinchot. · That a Bureau of Indian Affairs memo­ To make the RECORD complete, and· be.:' But it ls also true that lf any adminis­ randum in May 1955, giving the individual cause I feel that Mr. Unna's work is of tration did start giving away the natural Indian the right to sell his share of the itself well worth· the attention which resources, it would be .an irretrievab~e. action, tribal land, !!lay have played right into the hasr been given .it,.'. I ask unanimous con.;; one which could not be recouped by the suc­ hands of private industry's lumbermen, sent to have Mr. Unna's articles printed ce'eding administr'ation. grazers, and oil men. at this point in the RECORD. There is a natural curiosity to know how That the Forest Service's Pacific Northwest much substance there is behind the giveaway preserves may be in- the process of · being I do not care to take further time of charge. Yet a visit to the Democratic Na­ timbered off solely by large lumber com­ RECORD the Senate, or to. fill the with tional Committe~·s Washington headquarters panies. further_analy:;;is; .but I suggest to those elicits only a manila folder filled with news­ That the Fish and Wildlife Service's ref­ who read the articles and reply that paper clippings, some of them more torn than uges are now open to oil exploitation as they they will find the Wednesday_insertion clipped. And an inquiry at the Capitol Hill never were before. considerably more in the nature of ex­ ofilce of one of the Senators most addicted That the Bureau of Mines' abdication of planation of Mr. Unna's findings than to mouthing the giveaway term brings the Industrial plants, sometimes through sale, of contradiction, denial of his facts, or one answer, "Hells Canyon." sometimes not, may be enriching a few big Surprisingly, even one of the Interior De­ private concerns with research and materials direct reply. partment's top ofilcials under the Demo­ furnished by the taxpayers. There being no objection, the articles crats-a man who left under front-page That. the Bureau of Land Management ls were ordered to be printed in the REC­ crossfire soon after McKay became Secre­ unquestionably disposing of the public do­ ORD, as follows: tary-confesses that he really has not kept main at a more rapid rate than in the past-­ (From the Washington Post and Times track of what the Republicans have done in but, so far as can be determined,· strictly Herald of January 8, 1956] the pa.st 3 years; he has been too busy with within the laws set down by Congress. his new job. That the offshore, or tidelands oil, which THE GIVEAWAY CHARGES Some people, however, scattered inside and went to California, , and Louisiana, so The political air of a political year roars outside the administration, have made it far has pretty much left the last two States with the cry of giveaway-and with angry their business to watch particular issues. shortchanged. The major oil deposits are denials of the charge. But for the most part they have worked apparently on the submerged lands farther Who. is giving away what, if anything? Is separately, and none has produced what pur­ out to sea-and still retained by the Fed­ the Nation's treasure of natural resources ports to be a complete picture . . eral Government for leasing revenue. being handed over to private, profit-greedy In this and eight succeeding stories an That the Bureau of Reclamation's power exploiters? Or is the complaint a typical attempt is made to pull together a set of policies-regardless of ideology-raise a good election-time shout of the political outs? findings-a collection of the charges, the ad­ many questions about under-the-table ma­ What ls there to that elusive word, "give- ministration responses, and such facts as neuvers to benefit favored private utilities. away"? · can be established. Among other things: The giveaway situation will undoubtedly In an effort to find out, the Washington They show at least two very clean-cut cases get full attention from Congress this session. Post and Times Herald has interviewed 51 which, after Congress or the courts get A hearing has been scheduled Tuesday on persons, 17 of them members of the admin­ through with them, may very well be con­ the Al Sarena mining cas·e, which concerns istration. The rest were career or political demned as giveaways: The granting of a the Rogue River National Forest timberlands, appointees in the previous administration, valuable stand of timber in the Rogue River Interior Under Secretary Davis, and one of key members of Capitol Hill watch-dog com­ National Forest to a p.riva.te company under Congress' own, Representative HARRIS ELLS­ mittees and lawyers and conservationists :the legalism of a mining patent, and the WORTH, Republican, of Oregon. close to the issues. granting to another private concern of a non.;. Also probably due for a congressional air• The critics were asked to specify their com­ competitive oil contract in a heretofore sanc­ lng is the award of an oil contract on Loui­ plaints; administration officials were can­ tified wildlife refuge in Louisiana, a contract siana's Lacassine National Wildlife Refuge to vassed for their comment. These views, plus dated 1 day before the regulations per­ the Frankfort Oil Co., o! Bartlesville, Okla. a summary of the facts which can be docu­ mitting it were even promulgated. And a good amount of testimony should mented, provide the first comprehensive They show that giveaway is sometimes a come forth about the new Assistant Interior study of the politics-laden giveaway issue. matter of ideology: Should public or should Secretary D'Ewart, a former Montana Re­ The inquiry was confined to the . Interior private interests enjoy power revenues from publican Congressman whom President Department-guardian of the Nation's nat­ the navigable rivers and their tributaries? Eisenhower has put in charge of public land ural resources-and to the Agriculture De­ Should the American Indian continue to be management, fish and wildlife refuges, In­ partment's supervision of the national coddled as a museum piece, a status which dian affairs and Territories.· forests. Secretary McKay opposes? Or should he be As a Congressman, D'Ewart's authorship handed full title to his land, even though of a grazing bill and his floor managership of ARE THEY GIVING AWAY OUR RICHES? he may turn around and be bested out of a colleague's timber bill a.re said to have done (By Warren Unna) this inheritance by a shrewd lumberman, more to formulate the so-called giveaway rancher, or oilman? Giveaway has come to enjoy something pattern than anything the executive branch of the same notoriety in this administration They show that the signals for disposing ever conceived. As it happens, neither of that mink coat and deepfreeze held in the of natural resources may not be called by the bills found their way into law. Secretary McKay at all, but possibly by Presi­ D'Ewart also was part of a pretty violent last. dential Assistant Sherman Adams (at lea.st It is a term which critics of the Republi­ name-calling campaign for the Senate. The cans use to express what they think is being for power matters), Interior'& Under Secre­ victor in that race, the incumbent Senator done to everything from public power sites tary Clarence A. Davis and his predecessor, JAMES E. MURRAY, Democrat, of Montana, now to tax amortizations; from oil deposits to Orme Lewis, and Interior's Assistant Secre­ presides over the Interior Committee, which inland waterway barges; from grazing land tary Wesley A. D'Ewart and his predecessor, must approve D'Ewart's nomination. Orme Lewis. Davis is the man who, on his If the nomination is not formally sub­ . to Government rubber plants. arrival in Washington, told- a former Con­ The critics-Democrats by politics or con­ mitted to Congress, D'Ewart must leave office gressman at a dinner party: "I was amazed at the end of 60 days. If it is submitted and servationists by philosophy or public power to find that all the lawyers in the Depart­ advocates by economic ·need-have som~­ Congress fails to act, D'Ewa.rt may continue ment think the Government is right. By in ofilce through the session plus an addi­ times even permitted their accusations to heaven, I'm going to change that." carry a price tag. The CIO United Auto tional 60 days. Workers, for instance, set it at $1 trilliOn. They show that most of the alleged give­ Senator MURRAY promises that Congress And the Democratic National Committee,' in aways are not done through public an­ will not fail to act. nouncemen.t or · 1egislation. As one former its monthly Digest a few issues back, named Monday: "How do we know that the Secre. Interior Secretary Douglas McKay "the give­ high Democratic official who should know . put it: "Half the time there is no Executive tary of the Interior is competent?" · away king." order or memorandum on a policy change; To all this ·McKay has answered: "Purely [From the Washington Post and Times · political bunk. • • • I can tell you flatly simply a signed contract. It's the contracts Herald of January 9, 1956] that we have not given anything away.'' they sign that give you a lead to the pattern. The orders they do issue they keep covered THE GIVEAWAY CHARGEs--SELt.lNG OF INDIANS' THEODORE ROOSEVELT STARTED IT up." WEALTH BY GOVERNMENT Is ALLEGED . Certainly neither the Democrats, the con­ They show that the administration's (Second of a series) servationists, nor the public power advocates proudest answer to the giveaway charges is are the traditional and exclusive guardians· in the ,.appropria.tion,s, improvements, and (By Warren Unna) of tl'le 768 million acres of public land in the future planning it has ma.de for the National Giveaway critics of the administration's continental United States and Ala.ska. The Park Service. Even the severest critics will Indian lands policy contend the Interior great protectors of natural resources, after let them have their day of glory in this area. Department is breaking up the tribal reser- 1956 CONGRESSIONAL RECORD - SENATE 3805 vations and leasing or selling their grazing, SPECIFIC CHARGES BY CRITICS The Department acted last June to turn timber and oil wealth to private investors. Critics·of the administration's Indian pro­ over to a local school district 19 acres of the Secretary of the Interior Douglas McKay gram make these specific giveaway charges: Nez Perce Tribe's Lapwai Reservation in cen- · counters that the American Indian is no The Interior Department sponsored a 1954 tral Idaho. longer a museum piece; it is high time to congressional bill-permitting Indians of the The. Indians say this land, part of a 2,000- treat him as an adult and let him have the Klamath Reservation in Oregon to sell their acre parcel, had been reserved for an Indian right to dispose of his own land, the same 1 million acres of tribal timber rights now, cemetery, schools and Indian agency pur­ as any other citizen. instead of drawing income from them during poses. If ever ft was declared 'surplus, it was ., "Nobody is any good as a ward of the .Gov­ the years to come. · to revert -to the tribe. ernment. .This country is built upon hard Commissioner Emmons says a good many 'ADMINISTRATION'S ANSWER work, thrift ·and - sacrifice, and self-:reli­ of the 2,000 Klamath Indians themselves ance. • • • Our job is to relieve the Fed­ asked for this right, as far back as 1949. In­ The aqministration contends it bought a eral Government of any responsibility for dian Bureau appraisers are now figuring out total of 500,000 acres, including this parcel, Indians, any more than they would for any .the individual Indian's share. He' will then from the Nez Perce Tribe in 1893 and oyer­ other group of people," he declared in an be given a chance to cash out sometime prior rules a 1950 decision that title was still tribal. · upstate New :York broadcast last month.· to the expiration of the program ·in 1958. The land w.as sold at $3 an acre and now, .be­ The Secretary e.stimated the Government ' Interior spQnsored a congressional bill 'to cause of its excelle:µce in growing wheat, is could get out of the Indian business in 25 remove from Federal protection ·some 200,- worth $JOO. or 30 years. 000 ·acres of timber on the MenonUnee Res­ This case also is now in Federal court and ' RESERVATIONS INADEQUATE ervation, Wisconsin's last sizable .forest land, a restraining order. has. been issued to pre­ vent the Government from changing the Glenn L. Emmons, Commissioner of Indian Explains one key department career official Affairs, has said. repeatedly the country's '3oo who is just a.bout to retire ·and there!ore land!s . t~tle to the local school .district. reservat"tons are' no't ecdnbmically sufficient freer , wi.th. his words: "r am afraid they are , Inte.rior tried to shut down a ·.garment to ·maintain the 400,000 Indians now living going to cause serious harm to those forested factory in Flandreau,· S. Dak., which, since on· them. Accordingly, the Bureau of Indian areas. They didn't set it up as what they 1935, has been adding $28,000 a year ·in earn­ Affafrs is now pushing · hard on a program thought . was a giveaway program. They ings to ·the submarginal existence of a group· to educate and train the younger generation thought -it- was justice to the · Indians.· I of 150 Indians·. · South Dakota's two Repub­ ana · help them relocate in West Coast and don't think it will work out that way. The lican Senators, KARL E. MUNDT and FRANCIS Midwest urban centers where they can find individual ·who owns forest land has only· CASE, intervened and kept the factory open. jobs. · one objective: turn it into dollars. ' And, of· Commissioner Emmons says the Public However, the giveaway critics point to course, that's not a good national policy.'' Health Service; which has taken over Bureau Emmons' May 16, 1955, interoffic..) memoran­ Commissioner Emmons concedes he "can't hospitals, found the garments unsatis.: dum-since modified-as the key device for say all Indians" will transact their timber factory. Emmons adds he had to persuade upsetting· this Nation's conscience ol:)liga­ rights to best advantage. But he points out, PHS to continue .the contract with the In­ tl.ons toward its displaced first settlers. "some white. people fail, too.'' dians until July: In it, Emmons candidly declares an indi­ FENCE BLOCKS OFF TRI~E "The thing was not a financial succ 'ess~ vidual Indian's right to his phare of the The Department permitted .individual anyway," Emmons explains. reservation need not be subordinated to the members of the Shoshone and. Arapaho The' Department 'gave an unpaid Interior interests of the tribe, nor to the management groups to sell half a dozen t~acts totaling 320 consultant from Silver Spring~ Md., a non­ of the land as a part of a timber or graz- acres in the Wind River Reservation of Wyo­ competitive cohtract to supply school lunches ing unit. . ' ming. Tbe land was sold to a white rancher in the Cherokee Reservation in North Caro- He then decrees that if an Indian is ad­ who promptly fenced it off: The rest of the lina. . · judged competent · and offers· an explana­ tribe was thereby blocked from reaching After public criticism and reports that tion of how he intends ·to dispose of 'his 200 acres pf land .they still owned. _ ,, the Govern~ent · would lose·f5 epartment, in a Comments William Zimmerman, Jr., for­ ernment-owned vehicles in Bureau travel­ mer Assistant Commissioner of . Indian Af­ 1953 eminent domain condemnation author­ ing. · This project, originally scheduled for a fairs and now; as Washington field diiector ized· by Congress, decided the Indians had 2-year trial, lasted only from January until sold their subsurface as well ·as surface rights. June last . year. The cry of "rigged con­ of the Association of American Indian Af­ fairs, the Bureau's most articulate critic: The matter has been interpreted· by the De­ tract" and a congressional investigation "The records show that when an Indlan partment under a different law. .The private caused its abandonment. does get a patent for his land he sells and oil companies now lease for 20 cents an acre Commissioner Emmons calls t:t.. e giveaway often sells for mucli less than the land is with no need for bonus payments . .. charges against bis Bureau not true, and worth, and very soon is c-elieved of the cash. Now they are also entitled to 46,000-acre adds, "Our policy is even more humane than The result is that the Indian's economic base leases, instead of 15,000. In. addition, the the old policy'.'' , He cites his Bureau's efforts is continually being diminished." regulations have been "streamlined". ·by In­ to improve Indian education and health (the Zimmerman adds: · terior's Bureau of Land Management to omit average lifespan. of a Navaho is 20 years), a long-time requirement that there 'be no and to relocate Indians under supervised con­ ;'The Department says, . 'We're giving the iront man signing for the true applicant. ditions in industrial areas. Indians their rights.' But the fact is that This was the one safeguard against an oil Emmons also points out that he character­ the rights are detrimental to the tribal com­ company sending up an endless stream of munity and in most cases detrimental to the ized a bill introduced into the last Congress secretarie's, each taking out the .maximum by Senator GEORGE w. MALONE, Republican, individual Indian as well." acreage lease on behalf of the front ofiice. Commissioner Emmons thinks his com­ Nevada, as illegal, unjust, and unethical.' petency criterion will take .care ·of all that. ASSIGNMENT PERMITTED Tlie bill, still pending, would requfre the He cites the great abuses in the early 1900's Explains Michael Giller, Wind River expert, Secretary of the Interior to sell off all tribal wlien the ... ndians were able to claim their for the Bureau of Land Management: "As­ lands within 3 years. · It would. also put individual land titles without being de­ signment is always permitted. It's your Emmons out of a job by, in his own words; clared competent. During World War I, right as an American to have someone else "liquidating the Bureau at the same time." some Indians were even declared incompe­ back you." tent, and yet allowed to withdraw their He further· points out the Indians. "ceded" THE GIVEAWAY CHARGES-TIMBERLANDS CAUSE share of the tribal land. their land rights to the Government for $1.9 DISPUTE More than 500,000 acres of the 13 million million, and yet still get 90 percent of the (Third in a series) the Bureau of Indian Affairs holds in trust 20-cent-per-acre private oil company rents. were withdrawn from this protectorship in Concludes Giller: "It's debatable whether (By Warren Unna) 1954. This is just a little more than four it's a giveaway to have a competiti'7e lease Giveaway critics of ·the administration's times the amount in 1952, the last year of or a no:J,lcompetitiv.e lease." n~tional forest pqlicies charge that tim~r is the Democrats. And this was done prior to The Indians have now taken the matter being hande(l over to a select group of large­ the May 16 memorandum which makes such to Federal court in the belief that the debate scale lumber companies, that timber laws withdrawals far easier. can better be continued there. ar~ being circumvented and that pressure 3806 CONGRESSIONAL . RECORD - S-:EN'ATE March 2 has been put upon Congress t.o amend those teau of Land Management'<:>fficial/Lewis told panies can afford); and stifling competition: laws too ditficult to get around. ' the company otficials: "If you . gentlemen through marketing areas where bidding is · · The charges are 1emphatically denied. draft the kind of lease you want, we'll ~ limited to companies within a given area. Says Chief Forester Richard E. McArdle, a· glad to look it over." Chief Forester McArdle :takes definite e'x..; career employee:· "They haven't given away The 50-year option they gained is an ir­ ception to these charges. He says the' Gov­ anything that I'm.working with and neither revocable ,commitment by the Government. ernment won?t offer to· sell Us timber unless did the previous administration. · I haven't Yet Lewis E. Hoffman, top mineral offici.al in it obtains a hauling right over private land, heard .of any 'lnstance where pressure was Interior's Bureau of Land Management, says so everybody has a fair chance. put on me by the administration to let some as far as his records go International Nickel · He adds: "The ~roads which are built in individual have special consideration. I has· only · a 2-year prospecting permit. He tie-in ~ sales actually open up a :new territory have no complaints." · , · adds the memorandum ·of conversations with for the smaller lumbermen to enter; timber The one big giveaway case in the timber Assistant secretary Lewis "is in the confi­ ts always' awarded competitively, either business cited by the critics concerns Al dential file of the Secretary [McKay]." through sealed bid or at public auction; and Sarena Mines, Ine., of Trails, Oreg., and its M. A. Hanna Co., formerly headed by Treas­ the Forest Service is so 1 decentralized most­ owners, the McDonald family. ury Secretary George M . .Humphrey, and Ken­ sales are concluded at the regional level. · The company invested $8,045 in required necott Copper have proposed to Interior "N0body ts under obligation to hire a 5 appUcation fees .and development costs for agreements similar to International Nickel's. percenter or come to Washington," McArdle 15 claims in Oregon's Rogue River National . Administration critics say ·it is un}:leard argues. Forest. · · of for the Government to ever grant 50- Interior disposed of timberland belonging · The standing timber on its claims~ .even year leases in the national forest. to the Klamath Indi-ans in Oregon and the before cutting, is worth some $638,000-an Biggest giveaway threat during the cur­ Menominee Tribe in Wisconsin, as discussed 8,000 . percent return on the company'.s in.;. rent administration, according to the .critics. in yesterday'.s article. vestment. ~ came from a timber exchange bill introduced Conversely, the administration cites at It is extremely difficult to obtain timber­ by Oregon Congressman ELLSWORTH and least two instances where it performed in a land in the national forest but one way is floor-managed by former R,epresentative manner contrary to a giveaway policy: · to obtain the lumber .as a mere byproduct to Wesley A. D'Ewart-. Republican, of· Montana, · It'pievented the Sterns Coal & Lumber Co., claims far mineral deposits b~neath the soil. now Assistant Secretary of the Interior .for of Sterns, Ky., from stripping· timber off · ·In the past, Interior has been exceedingly Public Land Management. 47,000 acres of land on the Cumberland Pla­ tough on such claims because the timber This bill provided that private lumber in~ teau at the Tennessee border. byproduct, being more valuable, is usually terests were entitled to a pi-ece pf public tim­ Sterns sold the land to tlie Go'vernment the real incentive behind the claim for ·a berland-equaling that which the-Government with the understanding that it retain min-· mineral· deposit. ·might take from them, by condemnation, ·eral rights. After the sale, the company . SARENA MINERAL CLAIMS for public dams and rese.rvoirs. contended its quest for coal entitled it to The Government l;mreau deeding over this · Jn·the Al Sarena case, the company pressed strip the surface as well as beneath the land was to be given no control: over its. se-' ground, particularly since only strip mining its claims on the ground· that subsurface lection; no insurance the land ii was a.c- gold and .Stiver deposits justified the Govern­ ~as · profitable. Secretary of Agriculture 9uir~n~ had_ been maintained, under S1;lS­ ment granting mineral" patents. Pri9r ap­ Ezra -Taft Benson turned down the plea last tained yield (the harvesting of an annual summer. . plications ·during the Democratic adminis­ crop-no more-from the forest); nor any tration failed to substantiate the deposits It prevented private lumber companies guaranty that the private operator would from timbering in the Olympic Nationai and both the Agriculture Department's For­ continue sustained yield timbering on the est Service . and Interior's Bureau -of Land Park,, a liuge virgin wilderness on a Puget Government land he took over. !3ound peninsula in· the State of Washington: Management turned down the application. .The unpublished transcript of a .July 14, ·The. case ·wa.S reopened at the intercession . Interior Secretary McKay says he made his 1953, Interior subcommittee hearing· shows opposition known to lumbermen who wanted of Representative HARRIS ELx;swoRTH, Repub-" that James L. Lanigan, at that time acting Hean · the park's boundaries reduced. ·A high ·mem~ of Oregon. · Interior Under Secretary chief counsel for the Bureau of Land Manage_­ Clarence A. Davis then assigne

Secretary McKay has already added 1~0,000 to sign a petition stating that 90-percent Ooun:ty, Iowa, res~ctfully request that all acres to the national parks and succeeded supports were too high. Only eight were. Senators and Representatives in the United fo-~ raising the ·current budget to $44 mil­ undecided or had no opinion. A total States Congress who are concerned with lion----;a $12-million bo<;>st f~om 't;he previous of 118 out of 13·2 signed in favor of 90- agricultural welfare thoughtfully consider fis~al year. When he goes bac.k to Co:r;igres,s the following petition for the good of both this year for an even bigger increase, the percent supports. producer and consumer: · Secretary will let the legislators know the · This very thorough canvass of an Iowa "l. That 90 percent parity · price supports parks bring in ·some $120 million in annual township has proved ·so interestfng to me be restored to all storable commodities. revenue and mission 66's costs will J)till be that I believe others will want to see ~it. · "2. That there be enacted into law a pro­ under the park's earning capacity. " I ask unanimous consent to have printed gram of compensatory payments for all per­ ONLY TWO CRITICAL NOTES in the RECORD, Mr. Hoffman's full report ishable commodities selling at less than 90 There have been only two notes of criticism· on the canvass of his township. percent of parity, similar to that already in of the Park Service, and these comparatively There being no objection, the state­ effect for wool and sugar. muted: · ment was ordered to be printed in the "3. That since the above proposals cannot 1. Secretary McKay was accused of ignor­ RECORD, as follows: be effectively administered without both ing Park Service recommendations in per­ production·controls·and a sound iong-range mitting the Dinosaur National Monument to BUCKEYE, lOWA.-While the debate in Con­ soil-conservation program that will assure be included in the upper Colorado River stor­ gress rages over "flexible versus rigid" when a continued abundance of food and fiber age project. This would have meant that it comes to price supports, 9 out of 10 farm we pledg~ our support to such controls and once an Echo Park Dam was built, the 209,- operators in Buckeye Township, Hardin conservation program." 000-acre monument would have become visi­ County, Iowa, went on record last week as A good many farmers made some addi­ ble solely to skin divers. favoring: tional comment when signing the petition. Under. pressure from conservationists, 1. Nine.ty-perc~nt price support on stora­ One remarked that "in addition to controls the House balked at the project. Accord­ ble commodities. some sort of cross compliance would be nec­ ingly, Secretary McKay, who originally had 2. Compensatory payments on perishable essary." dismissed his conservationist opponents as commodities. One, not signed, said that "90 percent is "punks," developed a change of heart. He 3. Whatever production controls would be too high; it will hamper our foreign trade." necessary to achieve the first two objectives. withdrew the request for building Echo Park One farmer said that "I ain not in favor Dam at the end of November. Congress is There are 132 farmers operating farmland in Buckeye Township. Of that number, 118 of 90 percent supports, but I do favor the now expected to take a new look at the upper soil bank 100 percent." Colorado River storage project this session. , signed a petition addressed to their congres­ sional repr.esentatives endorsing those 3 One farmer commented that "he· woudn't 2. Conservationists are up in arms also join the Farm Bureau because flexible price over Interior's permitting the Navy to ac­ major obejctives. The percentage is 89.4 in favor of the petition. supports wouldn't work and 90 percent of quire a 25-acre tip of the 28,000-acre Cape parity would cost too much." Hatteras National Seashore Area for an abso­ Five farm operators out of the 132 refused lutely essential installation. to sign the petition because they felt that the This is a breakdown of the poll by each of C. J. (Pink) Gutermuth, vice president of 90-percent supports were too high. Eight did the nine school districts in Buckeye Town­ the Wildlife Management Institute,· says the not sign because they were either undecided ship: matter came to light only recently when a or had no opinion. Three signed but said 90- conservationist spotted a Navy bulldozer on percent supports were to.o low. One did not Number Number land which the State of North Carolina and sign for other reasons. Only 2 farm operators ·Number of believ- Unde­ private citizens had donated specifically for in the township were not contacted; 1 of of - farmers ing 00 cided Other these was out of the State when the poll was farmers believ- pereent or no reasons seashore recreation. opinion "An assistant to an assistant got in a taken .on February 22 and 23. Some operators signing p~r~~t t~~~w, closet with the Navy and let them tell ·him living outside the township but farming land too high signing this is the only damn · place in the Nation :Within the township were included in the survey. 1 ______where their secret installation can be put," 2______15 0 0 0 0 Guthermuth said acidly. The survey was conducted by teams of 2 3 ______10 0 0 1 0 The man was identified as Harry J. Don­ farmers in each of the 9 school districts in the 4 ______15 1 0 0 0 5______7 3 0 3 0 ohue, until his recent resignation, assistant township. 13 0 3 ·O 1 Leonard E. Hoffman, Ellis Township farm­ 6 ______to Assistant Interior Secretary Wesley A. 7 _-______18 0 0 0 0 D"Ewart. er and seed grower, flew into Washington, 14 1 0 1 0 8 ______16 0 0 0 0 PUBLIC HEARINGS ,ASKED D. C., on Sunday night where he is presenting the results of the survey to various Members - 9.------10 0 . 0 ' 3 0 Last month, Secretary McKay's Advisory ------of the House and Senate where proposed agri­ TotaL 118 3 8 Committee on Conservation publicly let him cultural legislation is now being debated. know: "Proper procedure in a democracy re­ quires that no boundary reactions of na­ The idea to poll Buckeye Township grew The farmers who conducted the poll were tional monuments should be made by ad­ out of a cracker-barrel discussion among Dale K'.ellogg, Bennie K. Hall, V. R. Blome, ministrative or executive authority without farmers congregated in the combination M. E. Hyland, Gus Lettow, Henry Daum, Jr., public hearings." Buckeye post ofilce and drug store. The poll Myron L. Thoms, Orville Knutson, Cecil o. The current administration has done some was not sponsored by any particular farm Engelson, G. C. Kinney, Carl Brockett, Dar­ personnel reclassifying in the National Park organization and Farmers Union, Farm Bu­ rell Sielaff, Kenneth Berndt, Robert Hoffman, Service. Director Conrad L. Wirth, along reau, and NFO members all participated. and Sig Halsve. with two assistant directors and a secretary, A Farm Bureau spokesman, however, said have been changed from civil service career that the big majority of those taking the categories to the schedule "C" policy appoint­ poll were not bureau members. ment category. Buckeye Township has never been a strong PROBLEMS CONFRONTING THE But despite the change in administration Farm Bureau township. Wayne Halstead, NATION-LETTER FROM ALEX and classification, Wirth has retained his Farm Bureau fteldman, said that there are McKEIGNEY job and declares: "As far as the National 43 Farm Bureau memberships in the town-_ Pa.rk Service is concerned, there's been noth­ ship at the present · time and there would Mr. STENNIS. Mr. President, re­ ing I know of that has been given aw1:1,y." be more before the drive was completed. cently I was favored with a copy of a Last year there were 57. letter written by the Honorable Alex Hoffman, who is on the State Farmers McKeig~ey, chairman of the Mississippi ENDORSEMENT OF 90-PERCENT Union committee, said that there were 65 Farmers· Union memberships in the town­ State Tax Commission. HiS letter PRICE SUPPORTS ship at the present time. Otis Liittschwager, brings into sharp focus some of the grave Mr. MURRAY. Mr. President, the Buckeye Township farmer and former mem­ problems confronting those of us in the contention is being made that a major­ ber of State PMA committee, served as chair­ South, and, indeed, all Americans. This ity of farmers are supporting the sliding man of the informal meeting which was held letter represents the sentiments of' a scale of agricultural commodity . price to organize the poll. Myron Thomas served high-minded, public-spirited citizen, supPQrts. I have just received from Mr. as secretary. one of the State's outstanding leaders; Leonard E. Hoffman, a farmer and seed­ At a follow-up meeting, it was voted by and I commend it to. all Iv.:embers of the the farmers attending to have Hoffman pre­ Congress and all other clear-thinking grower at Buckeye, Iowa, a communica­ sent the results of the poll to congressional tion giving the results of a complete sur­ representatives, the Secretary of Agriculture, persons. It is worthy of special reading vey of the farmers in his township in and Presidential Assistant Sherman Adams. and consideration. Hardin County, Iowa. The petition circulated read as follows: Mr. President, I ask unanimous con­ This survey shows that only 5 out "We, the undersigned, all qualified farm sent to have the letter printed in the· of 132 farmers in the township refused operators in Buckeye Township, Hardin RECORD; CONGRESSIONAL ·RECORD-· . SENATE· 3813 · There being no objection; the letter The surprising thing fs, and it is a credit to say the sanie-things that Lincoln said we ate was ordered to be printed in the RECORD, both races, that there is as little tension as accused ·of bei-ng bigots, reactionarie·s and · as follows: actually exists. Therefore, when .the people intolerants, this I cannot understand.) ' _ . of a whole State or a whole section are vili- There is no "reign of terror" in the South, JACKSON, Miss.', February·7, i956. fled and abused simply because of the acts of. as some proclaim. Rather, I would refer· Mr. SAM BAILEY, individuals which do not reflect the thinking to such· things as millions -of contented Ne;.; President, Central Lions Club, of the whole population, the end result can gro teachers, farmers, workers, businessmen, Jackson, Miss. only be tragedy for America.. and professional men; to the 11-year-old DEAR MR. BAILE-Y: This letter is in response Likewise, when it is sought to use power Mississippi white girl who recently risked her to ·your request for my views ·On .. certain of the Federal Government to club States, life in the Tallahatchie"River to save a Negro current problems affecting the freedo.ms of local subdivisions of government, and a peo- ·woman from drowning; to the 2 Jackson, all Americans. ple into submission, then freedom cannot Miss., white boys who only a few days ago It seems to me that at long last the forces long.endure. The very basis of our privileges plunged into· a stream to rescue 3 trapped of communism are beginning to see a realiza­ and freedoms is the separation of govern- ·Negroes from a submerged vehicle; to the tion of their dreams for destroying Americ~ mental powers, with certain powers being re- Mississippi white doctor's wife, who but a not by attack from without but. through the served unto the Federal Government, other few days ago· quickly gave her blood for fruition of their. program of destruction.from powers to the States, ·and other powers to the transfusion·· to -_ s·ave· : a ·Negro : who· had· '• within. · ' ' I • · • • , local subdivisions of government· and' the been wounded by one of his own race; to 'the For at this time when w.e shoulq pe most people. Our forefathers knew from their bit- words pf a distinguished Mississippi Negro ' united in joint resolye and in common p~r'." ter.person,al experiences with an all-powerful· educat-er who said: "Recently- we've -heard a pose to build our spiritual and military centralized Government that such concen- lot about the Supreme Court and the schools: forp~s to resist the threat of ~n~e~naUonal trated, ·power always produces tyranny, as it · * * • .Today, I passed . a new Negro school communism, we see the 1 culllllnation . of. a has down through all the years of· history. building at Collins. • • • that's a better an­ long ·campaign to destroy the basi.c·freed.o7;Ils Therefore in the basic instrument of our swer to our problems than all the politicians of all Americans through tjiscord, and d_is­ Government-the Constitution-they , de- can give. -* • •" I would refer to the new unity at home. This threat is now be~ng. termined to separate .governmental power so . Negro. facility, for treating· Negro. tubercular waged and. car~ied out on the veJ;licle Qf the that at no one point can such ·powers be patients. at the Mississippi State Sanitarium race question, anq it seemf? that large :r;i.~m,.. concentrated in such manner as .to become ~nd to the tremendous efforts my Sta'te· is bers ·of politician~ in both major po_litu;:al tyrannical. The present agitators, court de- making to . improve school facilities for its parties "and large segm~nts of the press, cisions, and proposed laws have' completely pupils of all races. These are the type of ·entertainment world, and churches .are un­ upset this balance. And if the Feder.al Gov- .things which will contribute to real progress knowingly . participating in this prpgram ernment can usurp unto itself power to di- as contrasted with the unwise force nieas­ ·which will just as certainly destroy our free rect and control State and local affairs as ures and agitators. institutions as the threat of communif?m it.:. has been done in the decision on the school· · I have felt compelled to write this letter self. There can be no escape from the fact segregation cases, it can usurp power in: any out of :a deep love of country and the cause that the wild ·agitation now being leve!ed ,field of business, government, or individual of m~erty. If in this day the power of the agi:J.iJ:!St the South can have but o~e end re­ living. When this is done freedom for au· Federal Goyernment is allowed to trans_cend sult unless it is curbed-and that is.the de­ Americans, regardless of race, wl.li disap;- ' the Constitution, )f racial agitation against struction of these United States . . And it is pear. the South sows disunity within, then the an indisputable truth that the various rac~ The decision 'Of the United States Supreme light of liberty win be extinguished in. our measures now being pushed by .the groups Court in the school segregation cases -is dl- · land. Already that light is flickering, and it referred to were part and parcel of the. Com­ rected in P,Oint. Public educatton has· never . will grow· ever dimmer unl~ss .tlie trends munist Party platform of 1928 and have been been a gift of the Federal Government to the discussed. are stopped. History 'will record. agitated by the Communists e;ver since fo_! people, either by Constitution, . statute .;or : ·our decline and .fall if the preseri't trend .lb-­ the sole ·purpose of disunifying ~merica. Federal appropriation. It has always been ..ward ·strife and statisin continues. l believe in fairness and justice_to ap ,peo­ solely the gift of the States and local sub~ If our free institutions are to survive, we ·ples, and the truth is th~t the Negr.oes ~f divisions thereof. The est~blishe(i court de- as a people must rededicate ourselves to the the south ar~ on the threshold of. . their cisions of the land have always, up until re- _ fundamental principles on which this Nat~on . greatest period of progress ·unless .. th~ir op­ ce_ntly,. recognized.the rights of the States to ·was founded, and must determine anew· to portunities ai:e destroyed by the agitat10ns <;>f direct _thefr.schqol affairs. Therefore, if the ·conduct-' our lives on principles of Ch-ristian those who seek to use the force of autocratic United States Supreme Court without any living. Ainerica cannot be saved by vast Federal Government to curb the State an~ basis in Constitution, statute or case law ·bureaus spending billions of dollars nor-' by ·1ocal governments of the Sou~h into s1:1b­ 'can usurp power in this field it' cah usurp Government agents driving and coercing our mission. The savage attac~s whi.ch are qe~ng power in any field, and thereby ·fre'edom is people. America can only be saved in· the leveled against us do not take into consid­ seriously threatened from within. minds arid he'arts of her citizens. eration the long record of the Neg.ro's ,progr~ss It is my personal belief, therefore, that . Knowing within my heart that these things in the South, and do not take mto qonsi~­ when we seek to preserve th-e constitutional are true, I would have failed in my duty as eration the multtplied thousands· an~ II!il- separation of powers of Government and the a citizen if I had remained silent. 1ions of exchanges of acts of kindness an51 integrity of the races that we are-fighting to Sincerely yours, love between the races. Rather,. the. agitp.t?r.s preserve freedom just as much as. when we· · ALEX McKEIGNEY, and all who ·aid and abet tp.em '?Y c~rry~ng fight t.he cause of communism itself. · Chairman; Mississippi State 'Tax their propaganda, seize upon the isolateRESIDENT pro tempore. The .greater numbers than ever before, this is ·cused from .further service as a member of good news, and I want to. join 'in paying .the Committee on Po.s-t Office and Civil Serv­ Senator is correct...... , tribute to the director and staff of the ice and that he be assigned. to service- on ·the . The question is on agreeing to the Passport Office. Committee on the Judiciary, -order naming the Senator from West Further steps to improve passport of".' ,Virginia as a member of the Judiciary . Th.e PRESIDENT pro tempore. The Committee. fice procedures can be made, and are clerk will read the resolution for the ·outlined in S. 3340, ·which was reported info:rmation of the Senate. Mr. LE~MAN. Mr. President, may I by the Government Operations Commit­ The legislative clerk read the· resolu­ express my great satisfaction in being tee yesterday, and in -which the members tion

chairman of the Committee on tp~ Judi­ .On. the first ballo.t Senator .Cummins r.e~ . Mr. Norris made the point of order that ciary of the Senate.· - celved 41 votes, Senator. Smith, of South under the . vote. cast there was no election · The PRESIDENT pro tempore. The parolina, the ranking Democratic member, Mr. Stan!lelq. not having received a majority question is on agreeing to the motion of received 39 votes, and Senator Robert M. La- of the total number of Senators voting and Follette, Sr., of Wisconsin, received 7 votes. answering "present." . . · the Senator from Kentucky. No senator having received a majority of the The President t The motl·on was agreed to,· and the vates . cast , w hi c h was requ1r ed b y the rule; pomt· · of order.· · (Journal,pro empore p. 303.)overruled tµe Sena_te proceeded to consider the resolu- '!;here was consequently no election. , . . tion. Numerous ballots were subsequently taken It is to be noted that in the third case The PRESIDENT pro tempore. The from time to time, and it was not until Jan- Mr. Ladd, who hap seniority to the chair­ question is ori agreeing to the resolution uary 9· 1924· that the matter was finally de-:- manship under the unwritten rule ·was naming the Senator from Mississippi te:rmined by the election of Senator Smith. not designated to the chairmanship· in- [Mr. EASTLAND] chairman of the Senate He received 39 of the 74 votes cast, the vote stead it went to Mr. Stanfield. ' on each ballot being divided among 3 candi- Judiciary Committee. dates. · I have cited these three precedents the - Mr. MORSE. .Mr. President~ it is.with onlyr .ones whi~h , the Parliamenta~ian deep. regret that I feel compelled by die- . Again, Mr: President, the Cummins wa!" able to find, because I would be the tates of conscien.ce tci register a protest case is an e~an_lple of .the cu&tom or rule first to point out to the Senate today in opposition to the appointment of the of seniority not being followed: that the unwritten rule of seniority has senior Senator from Mississippi [Mt. 1 now refer to the third case: been the cv,stom followed by the Senate EAs'll;r..ANDJ . to" the·· chafrm-anship of the - On March ,10, 1924, senator Lenroot, of ~hroug_hout its history in connection . ~enate Judiciary· ComrAlttee,. .. · · · }Visconsin, in a letter to the Presiding Officer . with the appointments of chairmen of of the Senate, resigned as chairman and committees d I have tried to resolve every doubt in member of the committee on Pubiic Lands • save an · except · for these f avor o f f o 11 owing· In· th"IS matt er the and Surveys. (Senate Journal, 68th Cong.; three variances.· . usual custom and tradition of the Sen- 1st sess., p. 198). - It is my judgµient that the present ate in elevating to the chairmanship of . on March 13, 1924, an order was submitted vacan~y in the chairmanship of the a committee the next Senator in line in by Mr. Lodge, of Massachusetts, and agreed Committee on the Judiciary ·justifies order of seniority. However, it is to be to by unanimous consent, appointing Sena- making another exception t0 the senior­ n9ted that the seniority practice in the tor -Ladd, of North Dakota, who was then ity custom of the Senate. It is not easy ·senate is a ·custom and a tr:::.dition and the second ranking majority member, as for me, nor is it a pleasant duty, to dis .. chairman. Senator Smoot, of . Utah, the th· not a rule. It is also to be -noted that ranking majority member, was chairman of cuss IS matter, and I wish to assure there are a few precedents in the Senate the Committee on Finance. (Senate Jour- , t~e Senate that. I do so impersonally and in which the custom has not been fol- nal, 68th Cong., 1st sess., p. 205.) · without rancor. ' lowed. . The 69th Congress came into_ being on ·- Th~ chairman of . any Senate com .. . For the purpose of the RECORD I wish ~arch 4, 1925, and a special session of th~ mittee in his .administrative work as to read· .a memorandum which I asked Senate wac called by the President on the chairman of a given committee is .the the Parliamentarian to prepare for me 'Same day at 12 o'clock noon. agent of the Senate. He is responsible On March 7, ,1925, Senator Watson, of · t th s t · on preced en t soft he Senate in which the Indiana, submitted an order that so much o e ena e m carrying out his chair- t' I i >' custom., has not Qeen ·follo.wed. - He could of rule XXIV: as provides ~for the. appoint- ,!1}-an.sJ;iiP du ti.es! a,P? the Senate is r,e:.. 'find but 3,:and these are 'the 3: · : .~ ment of the standing: committees .by ballot , .SIJOns1ble ~p:r: him: . Under the rules of On March 10-, 1871, during the 1st , which ..an ·objection . was the Senate eacn Senator is entitled to of the 42a congress, -the .Senate proceeded piatj.e by ~e.nat9r Borah, of :Idaho . . '(senate assignment to. two. major committees ' as to the matter of. the election of the stand- :Jo.urn1;11_. 69th Co~g-., special- session, con- a matt'er of right. No Senator is entitled · · ing committees for that Congres·s: ·· tamed m Journal of 68th Cong., 2d sess., p. to assignment to the chairmanship of · An order was ,· sul;nnitted · showing •., the . 301.) · · ' · any committee as , a matter of right chairman and members of the various com- On.l\Iarch 9, 1925, the Senate agreed unan- . Therefore it follow"' th t •t · t· · mittees, among them being the name of imously to Mr. Watson's order, and he then . . ' . . .,, a 1 IS en Ire1 Y Simon Cameron, of Pennsylvarria, as ·the submitted an order designating the chair- witpin. the ~Iscretion and .judgment· of chairman of the Committee on Foreign Re- man .and members of the various standing the Senate, lil the absence of any rule to . Iations. For a -number of Congresses, the committees, which the Senate proceeded to the c_ontrary, to assign Senators to com- committee was headed by Charles Sumner, of consider. Senator Stanfield, of Oregon, · wa~ mittee chairmanships. . Massachusetts, as cha-irman, but he also was ~amed chairman of the Committee on Pub7 _ As each · Member of this .body k dropped as a ,member of tl~e said committee. llc Lands and Snrveys. Senator Norris of th · fl, , . nows, · After a somewhat lengthy debate, Sena- Nebraska, moved• to ·substitute Sen~tor .e 1.n ~ence and authority exercised by tor Sumner's name,.on his own motion, was Ladd's name for that of Senator Stanfield-. tt~e c:qairman of any Senate committee stricken from the list of members of the Senator Walsh, of Montana; meved to amend 9ver I tpe work of ·. a committee is very Committee on Privileges anc;l Elections, and :the latter motion so as . to .r.equire .. a vote ~reat . By practic'e, tradition, and 'cus.:. the resolution as amended was agreed to by b~ rollcall, and ~hat each Sen~tor ".ate for tom committee chairmen exercise broad a vote of 33 yeas, nays 9. .111~ choice., as charrl?an. Pen~ing debate on powers and influence in respect to the reading of the debat' e· leaves . no this matter, a unammous:c.onsent agreement appointment of staff committee pers0 n- A proposed by Senator Robmson, of Arkansas n l" doubt about the fact that in the Sum~ was agreed to, permitting Members of th~ e · Even though_ a committ~e goes ner case the Senate made an exception minority (the Democrats) to refrain from ~hrough the formal~ty of approvmg the ·to.the custom of seniority which we have voting or to answer "present", on the ques- staff personnel recommended by the · .come to call the rule of seniority. 1 tio~ of itgr~eing, t6 _the, ~arr.is ~otion ; . : ~I?-air~~n. ~t is_not pustomary in senate suppose it. can· be described' as an un- · Vice President :qawes held that Mr. Walsh's practice to deny. to a committee chair­ written rule of the-Senate. - mo~ion was not in order as J.?eing contraven- man, the committee staff personnel tilat . The next exception to the custom of tion of the order by Senator· Watson, p"re.:. he wants. . . . viously agreed to. . . ·. H · · · h f seniority was the Cummins case: ~ A u~animous- .co.nsent request 'Qy Mr. Hef- ~re agam eac ~ us knows of e~- on December. lo, l923, the 1st session of lin, of Alabama, was then agreed to, pro- cept1c_>ns: Here again we know that lll the 68th Congr~ss, 'senator Henry ·cabot · 'viding that when the roll was called for the ~erta1n instances a great deal of debate Lodge, of Massachusetts, submitted an or- election of a chairman of the said ·committee and discussion takes place within com­ der designating the members of the stand- any Senator .who desir~d to .do so could vote ~ittee meetings in regard to staff per­ ing committees of the Senate for that Con- .for the candidate ~f ll:is ch01ce. sonnel. Of course, since the passage of gress. Senator Albert B. Cummins, of Iowa, In accordance with Mr. Heflin's order, the the Reorganization Act, when a commit- who had been chairman of the Committee Senate proceeded to vote by ballot for the tee 1· "d · th · tt on Interstate Commerce since 1919, when the chairman of the Committee on Public Lands · · ~ · consi ering e ma er of the Republicans obtained control of the Senate, and surveys. Fifty-two votes were cast, a select10n of a so-called professional staff, was again designated as -chairman of -that majority b_eing 27. Senator Stanfield received a much greater influence, in most cases, committee. Opposition developed to his re- 36 votes, Senator Ladd 13, and Senator Jones, has been exercised by the members of a election, and, by unanimoµs consent, the of New Mexico, 3 votes. committee in the selection of a profes .. committee assignments provided in the or- , The President pro tempore (Mr. George sional staff. But as to the so-called ad .. der, including chairmanships, were agreed H. Moses, of New Hampshire) announced ...... to, with- the exception of the chairmanship that Mr. Stanfield, having received a ma.:. ~11mstrat1ve staff of ~ committee, 1t 1~ of the· Committee on Interstate Commerce, jority of the votes cast for candidates, ·was still, I submit, the common practice in . upon which a separate rollcall was ordered. elected chairman of:the said committee.- the Senate to let the chairman of the 3816 CONGRESSIONAL RE-CORD- SENATE March 2- committee exercise, after all, the . con~ the chairmanship of the Committee OD; It ~ wrong for us to 1:mowingJy select a~ trollfug discretion, infiuence, and deci~ the Judiciary is completely divorced chairman of any committee a Senator sion in regard to such appointments: from any question as to the right o:( whose record raises serious doubts as to Also in respect to the. appointments of the senior Senator from Mississippi tQ whether or not he will carry out the individuals to the professional staff of sit in this body. That matter is not duties of chairman in an impartial and a Senate committee the wishes of the under discussion at all, so far as the Proper manner. chairman. of. the committee .are usually senior Senator from Oregon is con.: · Therefore, I respectfully submit that controlling. cerned. The people of the great State the record of the senior Senator from In a very real sense, the work of a bf Mississippi placed upon the senior Mississippi rMr. EASTLAND] creates seri­ Senate committee will not be any better Senator from Mississippi a great trust. ous doubts as to his impartiality in re­ than -the quality, ability, and devotion It was their right to place it upon his spect to the duties and obligations which to duty of the members of the committee· shoulders, and I certainly respect their would necessarily confront him as chair­ staff. sovereign right. man of the Judiciary Committee. I look A committee chairman exercises great ~ But as the chairman of- a .Senate com­ upon that post as having many of the authority in determining the scheduling. mittee, a Senator becomes my agent. obligations and responsibilities of a of committee hearings or,-for that mat­ He becomes the agent of each Member quasi-judicial position. In a sense, the ter, in determining whether or not com­ of the senate, because I look upon com­ chairman of the· committee is a quasi..: mittee hearings will be held, in many in­ mittee chairmen as agents of the se·n­ judicial officer and his ability to act stances. His influence and authority is ate, responsible to us as a body, and judiciously on issues that come before very great in the appointment of sub­ i consider the Senate to be responsible him for administrative determinations is committees of a committee. In fact, the for their conduct. Therefore, briefly, of paramount importance to the Senate. chairman .of a . Senate ·.committee can JnY objection to the appointment now I do not believe that the senior Senator truly be said to be in the dr!ver's .seat. before us for consideration is that I feel from Mississippi [Mr. EAsTLAND] has Long-established tradition, customs, and the chairman of the Committee on the made a record which assures me that practice throughout the history of the Judiciary should be a Senator who I can he would be an impartial chairman of the Senate has made it so. assure the people to whom I .am respon­ Judiciary Committee. · · · As the Members of this body know, I sible is a person of complete impartiality : As a lawyer, I ani greatly concerned have recommended for many years that in carrying out the duties of the Com- about some of the utterances of the the so-called seniority rule of the Senate, mittee on the Judiciary. · senior Senator from Mississippi in re..: which is not a rule at all but only a : It. i~ a matter of sadness to me to gard to the judiciary. In particular custom,.should be modified. Instead of say that, in my judgment, the senior­ his- extreme attacks upen the- United its being a controlling criterion in almost Senator from Mississippi, from his own States Supreme Court shocks my· sense every instance for the promotion of a lips, has proved his own partiality in of fairness. They show a bias which Senator to the chairmanship of a com­ regard to a matter of great concern to raise serious doubts in my mind as to the mittee, I think it should be only one of .the Se~ate and to the country in rela- ability of the Senator from Mississippi many criteria in determining committee . tionship to the judiciary of the Nation. [Mr. EASTLAND] to act impartially upon chairmanship selections. · It is my posi­ : We must not overlook the fact that matters coming before the committee tion that members of committees should the Committee on the Judiciary is the which may involve the Supreme Court; follow the democratic process of electing .committee which holds hearings on all I do not intend to' speak. at ·1ength on their committee chairmen on the basis nominations for the Federal judiciary, the question, because I do not thinR of selecting the man who the members of including the Supreme Court. I think, much needs to be said about my point the committee believe most merits the Mr. President, we owe it to the people that there is serious question as to the appointme'nt when all meritorious crite- of the. United States, to the,courts, and ~mpartiality of the senior Senator from ·ria are taken into consideration. - to the bar of the country to make it Mississippi. My proof _comes from the Mr. President, about 2 years ago, I absolutely certain that when we appoint lips of the senior Senator from · Missis­ think it was, I discussed this question as -a chairman of the Committee on the sippi [Mr. EASTLAND] himself. His a witness before -a Senate committee. At Judiciary, we appoint a completely im­ speeches of record substantiate my fears that time I stated at some length my partial person in respect to the duties as to his lack of impartiality and ju­ views as to why I thought the seniority and the jurisdiction of t~e ·committee dicious qualities. system of the Senate should be changed, over which he wm· preside as chairman, - I would refer to a speech made hi both in respect to committee assignments if he be appointed. the Senate by the senior Senator from and also in respect to committee chair­ · I make these comments because I want Mississippi on May 27, 1954, in com­ manships. I have always drawn a dis­ the Senate to understand that when I menting upon a very burning, serious, tinction with respect to the rule of sen­ ask for an exception today to the custom and critical issue, the issue of the inte­ iority within the Senate in relation to of seniority in the· selection of commit­ gration of white and colored children in committee assignments and the appli­ tee chairmanships it is in line with a our ·schools. · I do not think anyone a.p­ cation of the rule of seniority to 'the point of view I have held.long before the preciates more than I do how serious that . selection of a committee chairman. I instant case ever arose in the Senate. issue is. I believe I am cognizant, too, think the transcript- of that record . Now I shall say a few words about the of the great crisis which exists in our will show that under cross-exam­ instant case. I wish to make it very clear _country in respeet to the effects of the ination I said, in effect: If the com- . again that, in my judgment, it is up to application of the decision of the Su­ mittee should decide that the business of the people of each sovereign State to preme Court. on that-issue. the Senate would be best tr;:msacted by decide as to what man ·or woman shall ~ But America has come a long way in the committee under the chairmanship represent . them in the United States her history. The fact tha.t the Amer­ of a member of the minority party at the Senate. In my judgment, as I have said -ican · people recognize universally the time, I _could see no good reason why a on the record previously in connection great and glorious constitutional ideal member of the minority party should not with another controversy in the Senate, {)fa government by law, not of men, and be elected as chairman. I have favored it is, after all, the voters of the State, -recognize also that the unity of our coun­ for a long time the election of committee in th~ last analysis, who should deter­ try, in the last analysis, is dependent chairmen either by a committee itself, mine the selection of their Senator. ·upon full compliaince with the decisions 'Or a conference of the majority party, or The Senator so selected should remain :bY the highest constitutional judicial by the entire Senate itself. It is said by in this body, under our rules, save and tribunal of our country, is not even sub­ some that the election system will create except when it can be shown that he has ~ject to debate. Government by law more abuses than the seniority system. I been guilty of some conduct which, under cannot survive in our Nation if de­ do not believe it. I think we should give the rules of the Senate, disqualifies him cisions of the United States Supreme it a trial. I think the prese:Q.t system is for the ·office-. However, when we come Court are ever permitted to be success­ so bad that we owe it to the country to to pass upon the qualifications of a Sen~ ·f ully defied.· Defiance of rule by law is work out an election system for selecting ator to serve as our agent in the capacity rebellion. Our democracy can be no committee chairmen. - bf a committee chairman, we owe it to 'stronger than our law aibidance. Our I want it to be-distinctly i.lnderstood the ·people of the Nation to make certaiii ·union'hecomes disunion.if the people of that anything I say today in regard to that we select an impartial chairman. any State or region secede in effect from 1956 CONGRESSIONAt RECORD-. SENATE 3817 their patriotic duty to comply with the on that subject in connection with this Many believe. that the Supreme Court deci­ law of the land as laid down by the. committee chairmanship appointment, sion is applicable in only the 5 specific school United States Supreme Court. · because I think the integration issue districts involved in the cases now before the I am not an overnighter in the matter ought to be discussed at greater length Supreme Court, and cannot be. made applica.­ ble to the 11,l '73 other districts where segre­ of race adjustments. I never ha7e been. at a later time-I want to say I feel that· gation has been legal and usually practiced,. My record is replete with.statements in the position which has been taken by~ until an unless individual and separate. suits which I have pointed out that a course the senior Senator from Mississippi on are brought against each district. of patience and understanding should be this issue raises serious question as to. pursued. A waiting period for adjust-. his impartiality to serve as chairman of It is to be noted that by his language· ment to integration is essential in the· the Judiciary Committee. the Senator seems to consider that it is national interest for the ultimate solu­ · Please understand, Mr. President, I correct to assume that integration can­ tion of this great legal and sociological am not saying that if one holds a view not be enforced. problem. But open defiance of a deci..: contrary to that of the Supreme Court Later the Senator from Mississippi sion of the United States Supreme Court on integration matters, he is not quali­ said: cannot be condoned. Neither can ad­ fied to serve as chairman of the Senate · Eminent lawyers in the South rightly pre-. vocacy by Government officials of dila-· Judici;:uy. Committee. That is not my diet. that the Supreme Court decision will protest. That is not the basis of my_ i~troduce the Century of Litigation in the tory tactics and evasions of the Supreme South. They · point out that tpe present Court decision be countenanced. objection to this appointment. My ob­ decision differs, insofar as enforcement is Mr. President,· I have also made clear jection to the appointment goes to the ~oncerned, from previous decisions rendered time and time again-and want to re­ language that the Senator from Missis­ against segregation in public carriers, and emphasize my position-that I hold sippi has used in public utterances, other forms of alleged discrimination. De-· firmly to the conviction that, as a ::natter which I think forces upon me the in­ cisions against railroads gave a basis for of constitutional law and legal right in ference and the conclusion that I cannot dam.age suits. _In land-covenant cases the Court simply refused to enforce the cove- this great Republic, there cannot be any count upon his impartiality to serve as nants. · discrimination based upon race, color, or chairman of the Judiciary Committee The Court has· now held in a series o{ creed, in respect to the rightS of all citi­ in respect _to problems which come be­ individual cases that segregation in public zens to equal treatment under the Fed­ fore that committee for determination. schools, under varied existing State . laws, eral Constitution. It is my view that as I think that is particularly true in re-· is unconstitutional. The Court has not; a matter of constitutional law any at­ spect to nominations to the Federal and cannot, devise a formula to prevent or: tempt on the part of any State to apply bench. Do not forget that all nomina­ prohibit the legislatures of the several States a principle of discrimination based upon tions to the Federal bench come before from enacting new laws. Each new law race, color, or creed which denies to all the Judiciary Committee to which it is devised to maintain segregation must in turr be tested in the Court, in individual citizens equal liberty is unconstitutional proposed to appoint the Senator from cases, to determine its constitUtionaU:ty. .and is in defiance of the spirit and the Mississippi [Mr. EASTLAND] as chairman. Will the Sup:reme Court presume to enjoin burning flame of individual liberty · So I turn for a few quotations from members of a State legislature, individually lighted by the Constitution itself. the Senator's speech of May 27, 1954, in or collectively, from the performance of theii:· On the particular question at issue rea­ which he was discussing the Supreme lawful and constitutional · duties? If they sonable men and honest and sincere men Court decision on integration. He said, attempted this absurdity and if the people . have a great difference of opinion. Yet in CONGRESSIONAL RECORD, volume 100, resorted to the right to enact laws by refer­ endum, will the entire electorate of a State I hold to the proposition, Mr. President, i:art 6, page 7251: be subjected to the alleged injunctive power that this Republic cannot survive if we · Mr. President, a court cannot enforce its of the Federal courts? Of course not. This permit, in our generation, a retreat to will in these fields. Racial instincts are is an absurdity. the doctrine of nullification espoused by normal, naturai, human instincts. It is John C. Calhoun. natural that persons of every race hybrids . Such language as I have just read I Mr. President, in my judgment the only excepted, desire to associate with their respectfully submit is not an.inducement doctrine of interposition is nothing_, but own kind, and to maintain the purity of to law enforcement and compliance with their ·own race. To do the things which the the decision of the United States Su~ the doctrine of nullification in disguise. Court is attempting to do is beyond the power I mean it when I say that I have very of Government. preme Court as the supreme law of the dear friends among Sena tors from the · It will justly cause-- land. · South. My differences with them are en­ Later in his speech the Senator from I emphasize the words "It will justly Mississippi said: tirely professional. My difference with cause"- them in regard to the question of .inter­ Mr. President, I am greatly concerned in my judgment, evasion and violation of law position is a difference over the interpre7 about the gravity of the situation and the tation of our constitutional system of ~nd contempt for law, and will do this coun­ tragic consequences to which it may lead. try great harm. The far-reaching effects of these unsound government. These decisions, coming at a time of grave decisions should' be a matter of great concern I happen to believe that the Supreme world crisis, when there should be unity in to every intelligent citizen of this Nation. Court of the United States, in its unani­ the United States, will cause great dissension In these decisions the Supreme Court has mous decision on this issue, is irrefuta­ and will weaken us internally. usurped the legislative powers of the Con­ bly right as a matter of law. If it were gress and of the legislatures of th.e separate The Senator's use of the language "It States. It sits as a constitutional conven­ not sound constitutional doctrine, · Mr. will justly cause" disturbs me very much. President, then, in my judgment, I would tion in judicial robes, and has arrogated unto It would seem to imply an encourage­ itself the sovereign powers of the Ameri­ have no right to take the position that ment on his part to law evasion and vio­ can people, speaking through their Congress the South ·should adjust itself to this lation. and the State legislatures, to amend our decision on integration and do so in good Constitution. faith and without dilatory delay. The Senator· from Mississippi further said, in CONGRESSIONAL RECORD, volume Mr. President, since 1937, the Supreme I believe, Mr. President, we are going 100, part 6, page 7253: Court has overruled 33 earlier decisions. to have to make this educational adjust­ ·This is by the count of one of the Justices. ment through the application of the They consider that the requirement to in­ Those decisions were the settled law of the rules of reason. We are going to have tegrate the white and colored children in -land; decisions on which rights were vested; the public schools will break down and de­ decisions on which the people of this coun­ ' to rise above emotional attitudes. We stroy their established usages, customs, and try had the right to rely. This record is are going to have to come to grips with traditions. Such a requirement does vio­ unprecedented in our history. In the 135 the fact that within the Constitution, lence to the sentiment of both races. South­ _years prior to 1937, only 29 cases were over­ and in accordance with the rights guar­ ern people· know· that if the Supreme Court ruled, compared to 33 cases in 16 years. anteed by the Constitution, the Supreme attempts to impose such a requirement upon ~~ch a tecord obviously reveals an irrespon­ Court has said to 166 million American them by force, stern resistance, and lawless­ sible Court. I think it shows an i~competent people that in our Republic there cannot ness will inevitably result, regardless of Court. Such -a -record shows that the Court .be discrimination among the raq,es in ·whether the requirement is invoked forth­ legislates, and is constantly grasping addi­ with or gradually. tional power. It is attempting to place itself the field of public education where an . Mr. President, the white people of the in absolute control of the country. attempt is made to segregate the races. -South correctly assume that they cannot be _ Under such a dispensation no constitu­ Now, having said that, Mr. Presi­ forced to integrate their children with the tional rights are safe; no personal righta dent-and I do not wisli to talk longer "colored children in th"e same public schools. are safe. No property rights are secure. None CII--240 3818 CONGRESSIONAL RECORD - SENATE March 2

,of the _great Ameripan rights of h_uman l~b­ The Negro will receive Nst treatment. His speech, while speaking about the block­ erty are secure. while the.se men m judim~l children will be e.qucated. His standard o~ ing of civil-rigQts bills in the Congress: robes, many without practical legal experi­ living has increased, and will continue to in­ ence or. sound judgment of the law, sit ·as a. crease. But the racial questions which con­ For several years they were filibustered, Congress and Constitutional Convention front the South are social and not economic. and after 1950, they were all blocked in the combined. This grave question should be settled with Civil Rights Committee. Do you know how? Justice to both races. Why, fate gave me the opportunity to play This is.strong language, Mr. President. a crucial role in that controversy. Late in 'n is language so strong in its bias against Of course, Mr. President, without de­ 1949, Howard McGrath, Senator from Rhode the Supreme Court that I cannot escape bating the matter today, I would respect­ Island, was appointed Attorney General of the conclusion that it would be difficult fully say that I think the race problem the United States, and because of seniority if not impossible for the Senator who in respect to the integration, issue now I was maneuvered into chairmanship of the is primarily a legal problem. We have Civil Rights Subcommittee. Yes, EASTLAND, spok~ the words to be impartial o~ i:ied-­ of Mississippi, became the boss of the com­ eral judicial matters. At least It IS a the legal problems of whether we are to mittee that had all the civil-rights bills. risk that I do not propose to run by vot­ carry out the law of the land and And ever since then the CIO and these organ­ ing for his appointment to the chair­ whether the supreme law of the land is izations have been yapping and yapping that manship of the Judiciary Committee. · going to remain suprem~. I was arrogant and high-hatted with them, Later in the same speech, the Senator These and other statements which and so I was; and they said that I broke the . from Mississippi said : have been made by the Senator from law, and so I did. Miss~ssippi [Mr. EA~TLAND] will, in my You know, the law says the c0mmittee has . Such, Mr. President, is the impqrtance at-. got to meet once a week; and there I was tacbed to the integrity and impartiality of judgment, cause many persons to believe chairman of the committee, and there were the Supreme Court by tp.e most famous that if he becomes chairman of the Judi­ northerners up there, Yankees, that didn't European analyst of the American system of ciary Committee, then, because of his know anything about the question, who were government. Happily for America, the own utterances, he simply will be unable lined up against us. Do you know what highest standards of impartiality, propriety, to be impartial in carrying OU~ the duties happened? Why, for the 3 .years I ·was chair­ and honesty have generally been adher~d to of his office, particularly as they relate mafi, that committee didn't bold a meeting. by members of this Court. · Today, however, a trend away from tradi­ to judicial nominations. Such statements as I have just read tional standards of propriety begins to be in Then, too, Mr. President, I feel that taken from a speech which I understand evidence. Our Court has been indoctrinated under our system of separation of pow­ the Senator from Mississippi [Mr. EAST­ and brainwashed by left-wing pressure ers, the Senate owes a great obligation LAND] delivered in the midst of his last ·groups. The Court is out of step with the to the Supreme Court, in that I l:;>elieve campaign in Mississippi do not instill in American. people . . We see Justices of the we owe to the Supreme Court an obliga­ me any confidence that he would serve Supreme Court .banqueted and hon?~e~ by tion of great respect. We owe an obliga­ left-wing Communist-front orgamzat1ons impartially as chairman of the Judiciary militantly interested in legislation on which tion not to appoint as chairman of the Committee. the Supreme Court must pass. Senate Judiciary Committee a Senator Mr. President, there is more that I who has expressed himself as the Sena­ could quote in support of the 'conclusion Later in the speech the Senator from tor from Mississippi has expressed him­ Mississippi said: and judgment I have reached, reluctant­ self in regard to the Federal judiciary. ly and sadly, that the senior Senator . Mr·. President, the police power of the We ~hould not appoint a Senator who, State under our system of Government is from Mississippi would not be an im­ I believe, through such expressions shows partial agent of the Senate as chairman supreme and absolute to prescribe regula­ a bias that will cause his impartiality to tions to promote, secure, and maintain pub­ of the Committee on the Judiciary. Be­ lic order and to promote the health, morals, be questioned, and rightly so •. by many cause of that conclusion I must .today and education of the people. It is my persons. record my opposition to the pending judgment that when schools are not segre­ For example, Mr. President, the Sen­ resolution and vote against it. I think gated because of race, but are segregated in­ ator from Mississippi has been reported, we owe it to the Senate and to the coun­ stead under the State's polic~ power to. pre­ at least in the press, as having taken a try to make certain that no reasonable serve order,, prevent riots, and physical stand on the Solicitor General of the harm-occurrences which in my judgmen1; question can be raised as to the impar­ will be widespread-then the recent decision United States, Mr. Sobeloff, whose nomi­ .tiality of any man we appoint to the would not apply. nation for appointment to the circuit chairmanship of the Judiciary Com­ Mr. Pres iden t, there is another angle of court of appeals is pending. The Sen­ ·mittee. The chairman of that very im- this matter which I will now discuss: The . a tor from Mississippi is reported, .at portant committee has great authority governor of a sovereign State can use the least, to have said-in explaining his .and influence over legal and judicial force at bis command, both police, civil, opposition to the nomination-that the -matters falling within the purview and and other, to maintain public order, and pre­ Solicitor General strongly advocated in­ vent crime and riots. He can use these jurisdiction of the committee. tegration in public schools. Mr. Presi­ I sincerely hope that in these brief forces to prevent racial integration of dent, I hope we have not reached the schools if this is necessary, under the police remarks I have demonstrated the spirit, power of the State, to prevent disorder and point where consideration of a nomina­ intent, and motivation expressed at the riots. In fact, it is his duty to preserve tion before the Senate Judiciary Com­ beginning of my speech, namely, that I order and prevent turmoil and strife within mittee of the Senate will be influenced speak impersonally and without rancor­ the State. Should. he fail to perform such in any way at all by the fact that the in fact, with great sadness. Neverthe­ duty, he would be subject to impeachment. nominee as a great Solicitor General of He is accountable to no one except the leg­ less, as one who is driven by what he the United States holds to the same point considers to be right, and what his con­ islature and the people of his State. He is of view that the Supreme Court has laid the governor of a sovereign State, and the science tells him is his duty, I must ob­ Supreme Court cannot control and direct his down as the supreme law of the land in ject to this appointment. actions, under the American system of gov­ respect to the integration issue. ' Mr. LEHMAN obtained the floor. ernment. If the Court do so, we would not There is justification for great con­ Mr. ELLENDER. Mr. President, will have a dual system of government, with its cern.:_as shown by utterances such as the Senator yield? division of powers. The Court could not the one to which I have just referred­ The PRESIDENT pro tempore. Does cite him for contempt. If it did so; he cer­ as to whether such nominations will re- tainly would ignore the summons, and lg.;. the Senator from New .York yield to the . ceive from this ~omlPittee, if the pro­ Senator from Louisiana? ·nore it with impunity. · .Po$ed appointment to the chairmanship Mr. President, .the only weapon possessed Mr. LEHMAN. For what purpose? by the Court is the citation for contempt, is approved,' the iiilpartiaUty ·of treat­ Mr. ELLENDER. I desire to ask the and that is an ineffective weapon. It is an ment that is deserved. Senator from Oregon a question. impractical weapon, because the Supreme The last point I wish to make goes to Mr. LEHMAN. I am very glad indeed Court cannot operate the schools of the statements alleged to have been made Southern States. · to yield. by the Senator from Mississippi in the Mr. ELLENDER. Mr. President, I am ·We desire friendly racial relations. We midst of the campaign for his last elec;. desire progress and racial understanding. I a little confused about the statement believe that without the intervention of ·tion: It is alleged that during that cam.­ just made by my good friend from Ore­ northern meddlers, segregated schools would paign, the Senator from Mississippi, in gon. I should like to ask him a question. continue by mutual agreement of the ieaders speaking in Mississippi, made the fol­ Is it the Senator's position that the of both races. lowing statement in the course of a affairs of the Judiciary Committee are 1956 CONGRESSIONAL RECORD~ SENATE 3819 conducted in 8uch a way· that one· mail Chairman of the Committee ori the Ju­ merits or demerits of that tradition. . I ean dictate to the full committee what diciary. am informed that it has been breached ought to be done? Is it the Senator's That committee handles and disposes in the past on a number of occasions belief that· the chairman has the final of more than half the legislation that is without destroying the tradition. say-so as to the committee's activities submitted to the Senate. Now, if ever, .there is justification for or its recommendations? That committee handles all legisla­ setting that tradition aside, in the special · Mr. MORSE. . I did not say that. tion dealingwith the Criminal Code, with case of the senior Senator from Missis­ Mr. ELLENDER. That is the impres­ the Federal courts, including the su­ sippi, and in the special case of the chair­ sion which I believe the Senator left. preme Court, and above all, with the manship of the Judiciary Committee. Mr. MORSE. The chaimian of any laws implementing the Bill of Rights of Every Member of the Senate, and every committee exercises great influence over the Constitution. That committee con­ private individual, is entitled to his per­ the committee. I believe that when we siders proposed amendments to the sonal beliefs, political ideology, philoso­ appoint a chairman of a committee, we Constitution. That committee author­ phy, prejudices, preferences, loves, and· should appoint one with respect to whom izes appropriations for the courts, in­ hates, repugnant as some of them may each one of us can say to himself that cluding the Supreme Court. be to other Members ·of the Senate sub­ he is satisfied he will perforin the duties - The Judiciary Committee also has ject to the judgment of the voters bf the of that chafrmanship impartially. jurisdiction of measures providing for State he represents, and subject also to Mr. ELLENDER. That is true. How­ the apportionment of Representatives to the judgment of the Senate as a whole ever, it strikes me· that if the chairman the Congress under the Constitution. as to his qualifications to sit as a Mem­ of a committee, or the chairman of a All claims against the United States ber of the Senate. subcommittee, violates any rules and at­ which come before the Congress must be In considering appointments to com­ tempts to deny the majority of the Sena­ passed upon by that committee. mittees, the Senate has a right, and even tors on the committee an opportunity That committee handles all legislation a duty, under the rules, to judge whether to do what they may think is· right, the dealing with immigration and citizen­ a particular Senator is qualified and en­ l;Ilajority can take appropriate action. ship. titled to sit on a particular committee. It has been my experience that a chair­ That committee handles most legis­ But above all, in designating commit­ lation dealing with civil right and civil tee chairmen, the Senate has the ines­ man cannot overrule a majority vote liberties. of ,his committee. Therefore, I cannot capable responsibility of expressing its quite · understand · the argument aortunity to make a few understanding local white and colored to indicate my belief that some of the observations which I have had on niy leaders will return to the scene and start rules of tfiis body need to be changed. mind for a long time-long before this their task over again. I voted with a handful of Senators-no particular situation arose-revolving That is the real and only hope for the more than ·that.-to amend the rules so around the selection of a chairman of right kind of relations between the races as to get rid of the filibuster. It has the Committee on ~he , Judiciary. 3822 CONGRESSIONAL RECORD - -SENATE March 2 -I suppose the Senator from Mississippi and inevitably lead to chaos, lawless­ While, as I h~ ve said, the system has knows as well as I know that I do not ness, and disorder in our country. its imperfections, on the .whole it has agree with him about a good many These remarks are not directed par­ brought forth some great men, men of things. I have differed with him in a ticularly at any Senator, but. to all of outstanding intellect and character in great many respects during our joint us generally. Notwithstanding the fact, the legislative history of . the United membership in the Senate, particularly Mr·. President, that I have disagreed, and States. when I was the majority leader and was probably will continue to disagree, in So, in the absence of any better meth­ seeking to obtain votes on controversial some respects, with the Senator from od of choosing chairmen of committees, questions, in which he cooperated with Mississippi, I respect his integrity. I re­ notwithstanding the fact that every now other Senators to prevent a vote. I was spect his sincerity. I respect his ability. and then someone might become chair­ somewhat peeved at the Senator fr-Om The problem before the Senate today is man of a committee to whose appoint­ Mississippi and also at some of our col­ whether we shall fallow the custom­ ment we might be opposed, or entertain leagues who joined in that enterprise. not the law or ~he rule, except in an un:. a feeling that it was not appropriate, I might. say that those Senators were so written way-which has been, with :3 neither I nor anybody else I know of has numerous that I did not get votes on exceptions, adhered to by the Senate for been able to suggest a better method for many of the propositions on which I 165 years, or whether we shall upset the choosing the chairmen of our commit- thought the Senate should vote. method by which the Senate chooses the . tees; and until somebody finds a better I have disagreed on many problems chairmen· of its committees. method I myself shall not advocate or with Members of the Senate who were During all the history of the country approve of any other method by which chairman of other committees. I still and the Senate there have been argu­ chairmen of committees shall be selected. disagree with some of them. If it were ments sincerely made by both sides and We could go up and down the lists of not for the intellectual friction which by all ~ides as to how the Senate should our committees and express some oppo­ is created· by debate in the Senate · on select the chairmen of its committees. sition to ,& chairman or to his selection, fundamental ideals, this body would be The Senate has from time imme:r;norial based on our agreement or disagreement even duller than it is. So I think it is considered that question. The La Fof­ with his views about public matters, but advantageous to the country that we lette-Monroney joint committee, in 1946, here we recognize the right of every should differ now and then, and that in considering the Reorganization Act, Senator, as we recognize the right of we should have the courage to expres's considered very carefully and in detail every American, to entertain views hon­ our differences. the question of the choosing of the chair­ estly arrived at, and to express his views; So when I say that I have differed men of committees by seniority, or by for of what value is it to think unless one and now differ with the Senator from some other method. The committee was can also speak? We believe in freedom Mississippi on many problems, I am only not able to find any better method than of speech and freedom of thought. .saying what I could say about ·other that which has been in vogue in the So, Mr. President, without further im­ Senators. Senate ever since its establishment. · position upon the time and patience of · I think it is unfortunate and regret­ It has been nearly 30 years since I the Senate, I wish to say that I shall vote table that any Member of the United came to this body. For nearly 14 years for the Senator from Mississippi to be States Senate should anywhere, under I was a Member of the House. I had con­ chairman of the Committee on the Judi­ any circumstances, urge the people, or sidered the question in the other House, ciary, notwithstanding the fact that I any considerable number of them, to and I have considered it in the Senate. disagree with him about a good many nullify, disregard, or flout the decisions Much as I admit, and I am free to admit, things, and he knows that I do. of the Supreme Court. the imperfections of the seniority sys­ I felt like making these remarks in Frequently we have heard, as we still tem, we have as yet been unable to de­ justification of our method of choosing hear., that ours is a government of laws, vise a bette.r system than the seniority the chairmen of Senate committees, be­ cause any other method we might adopt, and not of men. I have never fully system for the sel~ction of chairmen of agreed w.ith that theory. Ours is a gov­ committees. so far as I know now, would result in ernment of laws and of men. Without It has often been suggested that chair­ more harm than good, and would ulti­ men, we could have no laws, because men of committees be elected by the mately cause greater damage to the legis­ men must enact the laws. Without men, committees. In that event the element lative process than would be caused by the laws could not be interpreted, be­ of personalities and favoritism would adhering to .the system we have adopted cause it is necessary to interpret the and followed, with the three e~ceptions come into play, and there would be log- . named by the Senator from Oregon, for laws. Without men, the laws could not. rolling and electioneering for the votes be enforced. whom I also have the deepest affection of the committee members by those wh.o and respect. So it has always seemed to me to be wanted to be chairmen. If the Senate inconsistent, not only in the Senate, but For the reasons I have stated, I shall should adopt that method I doubt very vote for the resolution submitted by my elsewhere, for men to urge that ours is much that it would adhere to it very a government of laws, and not of men, colleague, the Senator from Kentucky, to long, because it would result in a very name the Senator from Mississippi chair­ when they oppose something; and then, unsatisfactory situation. Jealousies, am­ on another occasion, when it suits their ma.n of the Committee on the Judiciary. bitions, and all the frailties of human na­ The PRESIDING OFF'ICER

purposes, which was to strike out all shall be carried as far forward as the investi­ River Basin Fund (hereinafter ref~rred to after the enacting clause and insert: gations thereof indicate is reasonable in the as the "basin fund"), which shall remain circumstances. available until expended, as hereafter pro­ That, in order to initiate the comprehen­ In the event that the Secretary finds that vided, for carrying out provisions of this act sive development of the water resources of the benefits of the Curecanti unit do not other than section 8. the upper Colorado River Basin, for the pur­ exceed its costs, he shall give priority to com­ (b) All appropriations made for the pur­ poses, among others, of regulating the flow pletion of a planning report on the Juniper pose. of carrying out the provisions of this of the Colorado River, storing water for bene­ unit. act, other than section 8, shall be credited ficial consumptive use, making it possible SEC. 3. It is not the intention of Congress, to the Basin Fund as advances from the for the States of the upper basin to utilize, in authorizing only those projects designated general fund of the Treasury. consistently with the provisions of tl!e Colo.. in section 1 of this act, and in authorizing ( c) All revenues collected in connection rado River compact, the apportionments priority in planning only those additional with the operation of the Colorado River made to and among them in the Colorado projects designated in section 2 of this act, storage project and participating projects River compact and the upper Colorado River to limit, restrict, or otherwise interfere with shall be credited to the Basin Fund, and shall Basin compact, respectively, providing for the such comprehensive development as will pro­ be available, without further appropriation, reclamation of arid and semiarid land, for vide for the consumptive use by States of for (1) defraying the costs of operation, the control of floods, and for the generation the upper Colorado River Basin of waters, the maintenance, and replacements of, . and of hydroelectric power, as an incident of the use of which is apportioned to the upper emergency expenditures for, all facilities of foregoing purposes, the Secretary of the In­ Colorado River Basin by the Colorado River the Colorado River storage project and par­ terior is hereby authorized (1) to construct, compact and to each State thereof by the ticipating projects, within such separate lim­ operate, and maintain the following initial upper Colorado River Basin QOmpact, nor itations as may be included in annual appro­ units of the Colorado River :.. torage project, to preclude consideration and authorization priation acts: Provided, That with respect to consisting of dams, reservoirs, powerplants, by the Congress of additional projects under each partic"ipating project, such costs shall transmission facilities, and appurtenant the allocations in the compacts as additional be paid from revenues received from each works: Curecanti, Flaming Gorge, Navaho needs are indicated. It is the intention of such project; (2) pay~ent as required by (dam and reservoir only), and Glen Canyon: Congress that no dam or reservoir construc­ subsection (d) of this section; and (3) pay­ Provided, That the Curecanti Dam shall be ted under the authorization of this act shall ment as required by subsection ( e) of this constructed to a height which will impound be within any national park or monument. section. Revenues credited to the Basin not less than 940,000 acre-feet of water or SEC. 4. Except as otherwise provided in this Fund shall not be available for appropriation will create a reservoir of such greater capacity act, in constructing, operating, and main­ for construction of the units and partici­ as can be obtained by a high waterline lo­ taining the units of the Colorado River stor­ pating projects authorized by or pursuant cated at 7,520 feet above mean sea level and age project and the participating projects to this act. that construction thereof shall not be under­ listed in section 1 of this act, the Secre­ taken until the Secretary has, on the basis (d) Revenues in the Basin Fund in excess tary shall be governed by the Federal rec­ of operating needs shall be paid annually· to of further engineering and economic inves­ lamation laws (act of June 17, 1902, 32 Stat. tigations, reexamined the economic justifica­ the general fund of the Treasury to return- 388, and acts amendatory thereof or sup­ ( l) the costs of each unit, participating tion of such unit and, accompanied by ap­ plementary thereto): Provided, That (a) ir­ propriate documentation ·in the form of a project, or any separable feature thereof rigation repayment contracts shall be en­ which are allocated to power pursuant to supplemental report, has certified to the Con­ tered into which, except as otherwise pro­ gress and to the Presiqent that, in his judg­ section 6 of this act, within a period of years vided for the Paonia and Eden projects, pro­ not exceeding the expected economic life of ment, the benefits of such unit will exceed vide for repayment of the obligation assumed its costs; and (2) to construct, operate, and such unit or participating project but . not thereunder with respect to any project con­ to exceed 100 years; maintain the following additional reclama­ tract unit over a period of not more than tion projects (including power-generating (2) the costs of each unit, participating 50 years exclusive of any development period project, or any separable feature thereof . and transmission facilities related thereto), authorized by law; (b) prior to construction hereinafter referred to as participating proj­ which are allocated to municipal water sup­ of irrigation distribution facilities, repay­ ply pursuant to section 6 of this act, within ects: Central Utah (initial phase), Emery ment contracts shall be made with an "or­ County, Fla., Hammond, La Bar.ge, Lyman, a period not exceeding 50 years from the ganization" as defined in paragraph 2 (g) date of completion of such unit, participat­ Paonia (including the Minnesota unit, a dam of the Reclamation Project Act of 1939 (53 and reservoir on Muddy Creek just above its ing project, or separable feature thereof; Stat. 1187) which has the capacity to levy (3) interest on the unamortized balance of confluence with the North Fork of the Gun­ assessments upon all taxable real property nison River, and other necessary works), Pine the investment (including interest during · located within its boundaries to assist in construction) in the power and municipal River extension, Seedkadee, Silt, and Smith making repayments, except where a substan­ Fork: Provided further, That as part of the water supply features of each unit, partici­ tial proportion of the lands to be served are pating project, or . any separable feature Glen Canyon unit the Secretary of the In­ owned by the United States; (c) contracts terior shall take adequate protective meas­ thereof, at a rate -determined by the Secre­ relating to municipal water supply may be tary of the Treasury as provided in subsec­ ures to preclude impairment of the Rainbow made without regard to the limitations of Bridge National Monument. tion (f), and interest due shall be a first the iast sentence of section 9 (c) of the charge; and SEC. 2. In carrying out further investiga­ Reclamation Project Act of 1939; and (d), tions of projects under the Federal reclama­ as to Indian lands within, under or served (4) the costs of each stol'age unit which tion laws in the upper Colorado River Basin, by any participating project, payment of are allocated to irrigation pursuant to sec­ the Secretary shall give priority to comple­ construction costs within the capability of tion 6 of this act in equal annual install­ tion of planning reports on the Goosberry, the land to repay shall be subject to the ments within a period not exceeding 50 years. San Juan-Chama, Navaho, Parshall, Trouble­ ·act of July 1, 1932 (47 Stat. 564): [>rovided ( e) Revenues in the Basin Fund in excess some, Rabbit Ear, Eagle Divide, San Miguel, further, That for a period of 10 years from of the amounts needed to meet the require­ West Divide, Bluestone, Battlement Mesa, the date of enactment of this act, no water ments of clause (1) of subsection (c) of this Tomichi Creek, East River, Ohio Creek, Fruit­ from any participating project authorized section, and to return to the general fund of land Mesa, Bostwick Park, Grand Mesa, Dal­ by this act shall be delivered to any water the Treasury the costs set out in subsection las · Creek, Savery-Pot Hook, Dolores, Fruit user for the produ,ction on newly irrigated (d) of this section, shall be apportioned Growers Extension, Animas-La Plata, Yellow lands of any basic agricultural commodity, as among the States of the upper division in Jacket, and Sublette participating projects. defined in the Agricultural Act of 1949, or the following percentages: Colorado, 46 per­ Said reports shall be completed as expedi­ ·any amendment _thereof, if the total supply cent; Utah, 21.5 percent; Wyoming, 15.5 per­ tiously as funds are made available therefor of such commodity for the marketing year cent; and New Mexico, 17 percent; Provided, and shall be submitted promptly to the affec­ in which the bulk of the crop would nor­ That prior to the application of such per­ ted States and thereafter to the President mally be marketed is in excess of the normal centages, all revenues remaining in the and the Congress: Provided, That with refer­ supply as defined in section 301 (b) (10) Basin Fund from each participating project ence to the plans and specifications for the of the Agricultural Adjustment Act of 1938, (or part thereof), herein or hereafter author­ San Juan-Chama project, the storage for con­ as amended, unless the Secretary of Agri­ 'ized, after payments, where applicable, with trol and regulation of water imported from culture calls for an increase in production respect to such projects, to the general fund the San .Juan River shall (1) be limited to a of such commodity in the interest of na­ of the Treasury under subparagraphs ( 1) , single otfstream dam and reservoir on a trib­ tional security. All units and participating ( 2), and ( 3) of subsection ( d) of this section utary of the Chama River, (2) be used solely projects shall be subject to the apportion­ shall be apportioned to the State in which for control and regulation and no power ments of the use of water between the upper such participating project, or part thereof, facilities shall be established, installed or and lower basins of the Colorado River and is located. operated thereat, and (3) be operated at p.11 among the States of the upper basin fixed Revenue so apportioned to each State shall times by the Bureau of Reclamation of the in the Colorado River compact and the upper be used only for the repayment of construc­ Department of the Interior Ir.. strict compli- Colorado River Basin compact, respectively, tion costs of participating projects or parts ance with the Rio Grande Compact as adm:in­ and to the terms of the treaty with the of such projects in the State .to which such istered by the Rio Grande Compact Commis­ United Mexican States (treaty series 994). revenues are apportioned and sball not be sion. The preparation of detailed designs SEC. 5. (a) There is hereby authorized a used for such purpose in any other State and specifications of the works proposed to separate fund in the Treasury of the United without the consent, as expressed through be constructed in connection with projects States to be known as the Upper Colorado its legally constituted authority, of the State 3824 CONGRESSIONAL -RECORD - - SENATE March 2· to which such revenues are apportioned; i:ado River storage project shall preclude or of the Interior to so comply, any State of Subject to this requirement there _shall be impair the appr9priation for domestic or the Colorado River Basin may maintain an paid annually into the general fund of the agricultural purposes, pursuant to applicable action in the Supreme Court of the United Treasury .from "the revenues -apportioned 'to State 1aw, of water apportioned to the States to enforce the provisions -Of this sec. each State (1) the costs of each participating States of the upper Colorado River Basin. ti-0n, and consent is given to the joinder of project herein 1ffithorized (except Paonia) or SEC. 8. In connection with the develop­ the United States as a party in such suit or any separable feature thereof which are allo­ ment of the Colorado River storage project suits. . cated to irrigation pursuant to, section 6 and of the participating projects, the Secre­ · SEC. 15. The Secretary of the Interior is of this act in equal annual installments tary is authorized and directed -to· investigate, directed to institute studies and to make a within a period not· exceeding 50 years in plan, construct, operate, and maintain (1) l"eport to the Congress and to the States of addition to any development period author­ public recreational facilities on lands with­ the Colorado River Basin of the effect upon ized by law from the date of completion of drawn or acquired for the development of the quality of water of the Colorado River, such participating project or separable fea­ said project or of said participating projects, of an transmountain diversions of water of ture thereof, or, in the case of Indian lands, to conserve the scenery, the natural, h~storic, the Colorado River system and of all other payment in accordance with section 4 of and archeologic objects, and the wildlife on storage and reclamation projects in the Col­ this act, (2) costs of the Paonia project said lands, and to provide for public use and orado River Basin. which are beyond the ability of the water enjoyment of the same and of the water SEC. 16. As used in this act-- users to repay within a period prescribed in areas created by these projects by such means The terms "Colorado River Basin," "Colo­ the act of June 25, 1947 ( 61 Stat. 181), and as are consistent with the primary purposes rado River compact," "Colorado River sys­ (3) costs in connection with the irrigation of said projects; and (2~ facilities to mitigate tem," "Lee Ferry," "States of the upper di­ features of the Eden project as specified in losses of and improve conditions for the vision," "upper basin," and "domestic use" the act of June 28, 1949 (63 Stat. 277). propagation of fish and wildlife. The Secre­ shall have the meaning ascribed to them in (f) The interest rate applicable to each tary is authorized to acquire lands and to article II of the upper Colorado River Basin unit of the storage project and each partici­ withdraw public lands from entry or other compact; pating project shall be determined by the disposition under the public land laws neces­ The term "States of the upper Colorado Secretary of the Treasury as of the time the sary for the construction, operation, and River Basin" shall mean the States of Ari­ first advance is made for initiating con­ maintenance of the facilities herein pro­ zona, Colorado, New Mexico, Utah, .and Wy­ struction of said unit or project. Such in­ vided, and to dispose of them to Federal, oming; terest rate shall be determined by calculating State, and local governmental agencies by The term "upper Colorado River Basin" the average yield to maturity on the basis of lease, transfer, exchange, or conveyance upon shall have the same meaning as the term daily closing market bid quotations during such terms and conditions as will best pro­ "upper basin"; the month of June next preceding the fiscal mote their development and operation in . The term "upper Col9rado River Basin year in which said advance is made, on ~11 the · public interest. All costs incurred pur­ compact" shall mean that certain compact interest-bearing marketable public debt ob­ suant to this section shall be nonreimburs- executed on October 11, 1948, by commis­ ligations of the United States having a matu­ able and nonreturnable. · sioners representing the States of Arizona, rity date of 15 or more years from the first · · SEC. 9. Nothing contained in this act shall Colorado, New Mexico, Utah, and Wyoming, day of said month; and by adjusting such be construed to alter, .amend, repeal, con­ and consented to- by the Congress of the average annual yield to the nearest one­ strue, interpret, modify, or be in conflict United States of America by act of April 6, eighth of 1 percent. with any provision of the Boulder Canyon 1949 (63 Stat. 31); (g) · Business-type budgets shall be sub­ Project Act (45 Stat. 1057), the Boulder Can­ The term "Rio Grande compact" shall mitted to the Congress annually for all oper­ yon Project Adjustment Act (54 Stat. 774), ations financed by the Basin Fund. mean that certain compact executed on the Colorado River compact, the upper Colo­ March 18, 1938, by commissioners represent­ SEC. 6. Upon completion of each unit, rado River Ba$in compact, the Rio Grande participating project, or separable feature ing the States of Colorado, New Mexico, and compact of 1938, or the Treaty with the Texas and consented to by the Congress of thereof the Secretary shall allocate the total United Mexican States (Treaty Series 994). costs (excluding any expenditures authorized the United States of America by act of May. SEC. 10. Expenditures for the Flaming 31, 1939 ( 53 Stat. 785); · by section 8 of this act) of constructing said Gorge, Glen Canyon, Curecanti, and Navaho The term "treaty with the United Mexican unit, project, or feature to power, irrigation, initial units of the Colorado· River storage municipal water supply, flood control, navi­ States" shall mean that certain treaty be­ project may be made without regard to the tween the United States of America and the gation, or any other purposes authorized soil survey and land classification require­ under reclamation law. Allocations of con­ United Mexican States signed at Washing­ ments of the Interior Department Appropria­ ton, District of Columbia, February 3, 1944, struction, operation, and maintenance costs tion Act, 1954. to authorized nonreimbursable purposes relating to the utilization of the waters of. shall be nonreturnable under the provisions SEC. 11. Construction of the projects herein the Colorado River and other rivers, as of this act. Costs allocated 'to irrigation of authorized shall proceed as rapidly as is con­ a.mended and supplemented by the protocol Indian-owned tribal or restricted lands with­ sistent with .budgetary requirements and dated November 14, 1944, and the under­ in, under, or served by any participating the economic needs of the country. standings ·recited in the Senate resolution project, and beyond the capability of such SEC. 12. There are hereby authorized to of April 18, 1945, advising and consenting land to rep_ay, shall be nonreimbtirsable. On .be appropriated, out of any moneys in the to ratification thereof; and January 1 of each year the Secretary shall Treasury not otherwise appropriated, such The term "economic life," as used herein report to the Congress for the previous fiscal sums as may be required to carry out the in relation to repayment of costs allocated year, beginning with the fiscal year 1957., purpose of this act, but not to exceed to power, shall mean the period during which upon the status of the revenues from and $760 million. the unit or project is expected to continue the cost of constructing, operating,. and SEC. 13. In planning the additional deve1-· to provide the power and energy . .contem­ ·maintaining the Colorado River storage proj­ opment necessary to the full consumptive plated fr-0m the design and construction of ect and the participating projects. The use in the upper basin of the waters of the the power facilities of the unit or project, Secretary's -report shall be prepared to reflect Colorado River system allocated to the upper due regard being given to historical experi­ -accurately the Federal investment allocated basin and in planning the use of and in ence with similar types of works, allowances at that time to power, to irrigation, and to .using credits from net power revenues avail­ included in replacement costs f-Or replacing other purposes, the progress of return and able for the purpose of assisting in the pay­ major items of equipment, and other perti­ repayment thereon, and the estimated rate outs of costs of participating projects herein nent factors which may affect the useful of progress, year by year, in accomplishing and hereafter authorized in the States of 'life. full repayment. Colorado, New Mexico, Utah, and Wyoming, SEC. 7. The hydroelectric powerplants au­ the Secretary shall have regard for the Mr. MURRAY. Mr. President, I move thorized by this act to be constructed, oper.:. :achievement within each of such States that the Senate disagree to the amend­ ·ated, and maintained by the Secretary shall of the fullest practicable consumptive use ment of the House of Representatives, be operated in conjunction with other Fed­ ·Of the waters of the upper Colorado River request a conference with the House eral powerplants, present and potential, so -system consistent with the apportionment thereon, .and that the Chair appoint the as to produce the greatest practicable thereof among such States. conferees on the part of the Senate. amount of power and energy that can be SEc. 14. In the operation and maintenance sold at firm power and energy rates, but no of all facilities, authorized by Federal law The motion was agreed to; and the exercise of the authority hereby granted shall ·and under the jurisdiction and supervision Presiding Officer. appointed Mr. ANDER· ·affect or interfere with the Operation Of any of the Secretary of the Interior, in the basin SON, Mr. JACKSON, Mr. O'MAHONEY, Mr. provision of the _Colorado River compact, the o·f the Colorado River: the Secretary of the MILLIKIN, and Mr. WATKINS conferees on upper Colorado River Basin compact, the Interior is directed to ·comply with the ap­ the part of the Senate. Boulder Canyon Project Act, the Boulder plicable provisions of .the Colorado River SENATOR MILLIKIN, -OF COLORADO Canyon Project Readjustment Act, or any compact, the Boulder Canyon Project Act, ·contract lawfully entered into under said :the Boulder Canyon Project Adjustment Act, Mr. ALLOTT. Mr. President, on the ·acts without the consent of the other con­ ·and the Treaty with the United Mexican occasion of the passage of what is known tracting parties. Neither the impounding States, in the storage and release of water · -as the upper Colorado River storage bill nor the use of water for the generation of ·from reservoirs in the Colorado River Basin . in the House of Representatives, it seems .power anci energy at the plants of the Colo· ·In the -event of the failure of the Secretary only fitting and proper that those who 1958 . CONGRESSIONAL llECORD - SENATE 3825 _have had the v1s1on and the 'foresight terior, and others having responsibility and dangerous . air-traffic control' sys• and the courage. to fight and work for over the proposal. These gentlemen be .. terns of the Nation. years for such a project should be men­ ·came proponents of the storage project . I refer to the announcement ,of the tioned. It would be very difficult, of for the upper basin. Undoubtedly Sen.. appointment of a friend of the ·Presi• course, to name all of them. ator MILLIKIN, as· chairman of the Re~ dent.. .a form.er_ distinguished .officer in They include the distinguished chair­ publican conference committee, was in.. World War II, and vice. president of the man ·of the Interior and Insular Affairs strumental in bringing to the attention Eastman Kodak Co., Mr. Edward P. Committee, the senior · Senator from of men outside of the reclamation States Curtis. He was appointed to conduct a Montana [Mr. MURRAY], and many the great importance of land and water long-range study, to try to provide for a others. But I wish to speak particu­ 'development to the Nation as a whole, greater degree of air safety, through a larly of my own colleague, the senior as well as to the States affected. ,study of air-navigation facilities in line Senator from Colorado [Mr. MILLIKIN]. , It seems to me that Senator MILLIKIN .with the report of the so-called Hard­ . Senator MILLIKIN has always been an expressed in a well-rounded summary his ing committee. active participant in Colorado River philosophy with respect to the storage . This Harding report was submitted problems and their solutions since he project, in the closing paragraphs of his .under date of December 31, 1955, became .came to the Senate in 1942. speech on the floor of · the Senate on avai~able on January 13, 1956, to the · Proposals before the Congress for de­ April 18, 1955. They are as follows: public, and then to the Subcommittee velopments in the lower Colorado River Those of us who live under water-con­ on Aviation of .the Committee on Inter­ Basin were cfosely related to develop­ servation projects which irrigate arid lands state and Foreign Commerce-the sub.. ments throughout the basin; and, so far and which develop power, can see every day committee of which I have the honor. to the direct and indirect benefits of incalcu­ be chairman at this time. as Senator MILLm:IN was concerned, de­ lable size resulting from· those projects. velopments in the State of Colorado We are glad that at long last, that ' If I may mention my own State, I can finally, someone in this administration . were a part of the development· in the say that wherever we have operating water upper basin. Continuous work by the projects, we have prosperity among indi­ .has awakened to the fact that the over .. Senator brought forth the interim re­ viduals in the communities affected. .crowding and congestion· of our airways .port of the Secretary. of the Interior on If it were not for its water projects which is not only limiting the expansion of a the Coloi:ado River, which was printed help to .pr-0duce a more rounded economy, .dynamic m_ethod of transportation, but as House Document No. 419 in the 80th th~ State of Colorado would be a State of is actually creating a situation that is Congress. The date of. this document is 'scattered grazing a·ctivities, and it would becoming more dangerous by the hour. be sending to the Treasury of the United TIMID-DELAYED APPROACH July 1947. The efforts of Senator MIL­ States only a small fraction of the income LIKIN were most helpful in connection taxes and other revenues which now amount · In order to understand what has been with the upper· Colorado River Basin :to about three-quarters billion dollars an­ .going on, as a ·result ·of the timid ap .. compact. This was printed as Senate nually. proach to doing something about a con• ·Document No. 8, 8lst Congress, January The proposed reservoirs for ·water conser­ dition which everyone concerned with '31, 1949. vation, river regulation, power production, civil aviation knew had been existing for ·and the participating areas for watering arid a long time, we received, a~~ have.stated, As·· chairman of the Subcommittee on lands, will be wealth-producing assets which 'Irrigation and Reclamation of Interior will go far beyond the immediate benefits on December 31, the Harding report. and Insular Affairs Committee of the to those in position to share them. This report recognizing the existence of Senate, Senator MILLIKIN held hearings Communities will be founded and ex­ the conditions about which many of us on Senate Joint Resolution 145, 80th panded under the operation of those projects. have complained for a long time. Congress, . on May 10 to 14, inclusive, .They will help in the production of local In fact, I believe it would be fair to say 1948. This resolution also expedited and national tax revenues. There will be that the Harding report recognized and action by the United States to determine cumulative and expanding cycles of pro­ verified that which the former Adminis .. ·water rights on the river with respect ductive weath and prosperity for the bene­ trator of the Civil Aeronautics Adminis .. fit of the United States and of the States tration, .Mr. Frederick B. Lee, had been "to both upper and lower basins, but par­ involved. .ticularly its purpose was to settle the telling the congressional committees, in _dispute in the lower basin. In conclusion; Mr. President, let me particular, the Appropriations Commit.. The Senator partici.pated in the hear­ say that the upper Colorado River stor­ tees. He had also been telling the Na~ ings on s. 75 and Senate Joint Resolu­ ·age project bill has now been passed -tion, as he often spoke at aviation meet .. tion 4, 8lst Congress, which extended by both Houses of the Congress, and ings and dinners in many States, that over a long period, namely, March 21 to has been referred to a conference com­ the condition desperately required imme.. 31, inclusive; April 2, 9, 11, 12, 13, 14, 26, mittee, upon which the great senior Sen­ diate remedial action and sufficient funds 27, 28, 30, and May 2, 1949. This was a ator from Colorado [Mr. MILLm:IN], my to provide modern navigation facilities. ·bill to authorize the central Arizona able colleague, has been appointed to LEE FIRED FOR' STAND project. · serye as a member. Without in any way Because he had the courage to speak Senator MILLIKIN was chairman of or in any sense detracting· from the out and tell the truth, Mr. Lee, a lifetime the Subcommittee on Irrigation and many great and highly valuable contri.. Republican, and a career employee who Reclamation, which held hearings in the butions of the other Members of the had worked up through the ranks of 83d Congress on S. 1555, a bill to author­ ·senate and of the Members of the House, the Civil Aeronautics Administration, ize the Colorado River storage project. in both parties, who have worked so long was summarily fired. These hearings ·extended over 6 days, and so diligently with this great ideal I say "fired" advisedly, because our June 28 to July 3, inclusive, 1954. The and this great idea for the West in their ·hearings demonstrated that he was fired Senator presented .the report on the hearts, I wanted to take this opportunity 'because he chose to carry out his duty bill-Senate Report No. 1983-on July ·to extend to Senator MILLIKIN our in testifying before Senate and House .26, 1954. ·thanks for his able work. All of us committees as to the immediate, urgent• In the 84th Congress, Senator MILLI­ know, of course, and I was very glad and desperate need for modernizing our KIN participated actively in the hearings to see, that he is able to serve as a air navigation and transportation facm .. member of the conference committee ties. on S. 500,- which, like S. 1555 in the whieh will deal with this great piece of previous Congress, would authorize the legislation. HAMSTRUNG BY COMMERCE SECRETARY Colorado River storage project. These While Mr. Lee was being hamstrung. hearings extended from February 28 to while his resignation was being demand­ 'March 5, ipclusive, 1955. . MODERNIZATION OF AIR TRAFFIC ed, while he was being:- treated almost Early in 1953, after President Eisen­ as a janitor by his Commerce Depart­ l:ower was inaugurated, Senator MILLI .. CONTROL SYSTEMS ment masters, the ground-minded clique KIN, with other congressional representa.. Mr. MONRONEY. Mr. President, I of the Commerce Department, headed .tives of the upper basin States, consulted read with considerable interest in this -by Sinclair Weeks, former director of the with the President and with important morning's Washington Post that Presi.. Pullman Co., Mr. Louis Rothschild, the administration and Cabinet members, in.. dent Eisenhower had at long last set Under Secretary in charge of transpor .. eluding the then Director of the Bureau in motion some degree of activity, aimed tation, and a former Under Secretary in of the Budget. the Secretary of the Jn.. at modernizing the hopelessly obsolete charge of transportation, Mr. Murray, 382(),' <;:ONGRESSIONAL RECORD - SENATE Mar~h 2 ~ho since has taken a high position in leading to a national aviation facilities pro­ No; that was clone by the µiterstate one of 'the ·10cotnotive . companies, the gram, Inasmuch as the. i:egular depart-: . Commerce Commission. We came to find· ments of the Government are ·fully occupied out that the only other conn~ction he subject of air safety and modernization with heavy operating responsibilities which of air facilities was allowed to gather are diverse and sometimes conflicting, and had with transportation-except the dust, and the airways became more and as the interdepartmental committees are liquidation of the canal barge lines now more · dahgerous. · fully occupied in resolving day-to-day con­ in progress-was in connection with the Certai:hly the speed with ·which a rem­ flicts, it seems logical to conclude, as we have Maritime Commission and aviation. edy was undertaken leaves a consider­ done, that the direction of the study neces­ AiRPLANES AND STEAMSHIPS able gap in . s6lution in our present jet sary for intelligent future planning should be established elsewhere in the Government. Will someone please tell me the great age of aviation. similarity between a steamship and an The report of the Harding committee, If there ever was a declaration of "no aircraft that flies the skies for domestic which finally led to the appointment confidence" in the present Commerce airlines anci circles the seven seas? yesterday of Mr. Edward P. Curtis, was Department's control of aviation trans­ Because of th,e h~ppening of reorgan­ directed by Mr: Hughes, Budget Director, portation and the civilian aviation func­ izations which placed the steamship and ·on May 4, 1955. This Harding commit­ tions of this Nation, the Harding com­ the airplane under the Under Secretary tee was a high level and very distin­ mittee report, which, at long last, led of Commerce and under a former direc- guished ·committee, and I am glad to to the appointment of a Presidential as­ , tor ·of the Pullman Co., Mr. Weeks, we commend it for its study. sistant to clean up the mess, is such a have seen the deplorable spectacle of the STUDIED TO DETERMINE HOW TO STUDY declaration. firing of a career public servant who has I presume -that the manner in which Certainly if Mr. Weeks, Secretary of · distinguished himself in his fight this program was approached was part~y Commerce, or Mr. Rothschild, had done through the years for aviation. the responsibi1ity of . the man who is his Job, or if they had allowed Mr. Lee, This was done in order to make way supposed to direct aviation as Secretary the Administrator of Civil Aeronautics for a purely political appointee, whose of Commerce. But the Secretary rarely to do his job without crippling interfer­ experience and technical knowledge and directs it in such a way as to help avia- ence we would not be in the dangerous know-how of aviation is, to say the most, tion. . mess in which we are. extremely limited. . The report was asked for by Budget MUST HAVE INDEPENDENT CAA RECEIVERSHIP NECESSARY Director Hughes on May 4, 1955. It was I feel that the necessity for appointing It seems to me that the finding of the set up to study how to undertake a study a special assistant to the President White House that it was necessary to for the improvement of our air naviga­ proves without doubt that only when we have a Presidential assistant to step into tion facilities. divorce Civil Aeronautics control from a .sort of receivership for the failure of So for some 8 months, while a dis­ the ground-minded leaders in the De­ Secretary Weeks and Under Secretary ting~ished committee was studying the partment of Commerce, the Secreta:ry Rothschild would lead the administra­ question of how to undertake a study, and Under Secretaries, can aviation tion to find out what is wrong with the the airways became more and more con­ break the chains which have bound it to organization. gested. Mr. Weeks, the Secretary of the railroad tracks of this Nation. If it would do that, it would find that Commerce, fiddled, while Mr. Rothschild This action by the President, pursuant we need more than ·a study Commission planned to sack an efficient career tech­ to the recommendation of a high .level to determine how to study the problems nical man in order that a deserving Re­ commission, is costly proof that. the ac­ which ·have existed. We need more than publican politician might be appointed. tion in keeping the Civil Aeronautics just another study. It would find that We have seen this air crisis grow, Administration as a mere satellite, a de­ we need some action. and this was finally admitted in the pendency, a serf of the ground-minded Action is needed to get the dynamic Harding committee study. clique in the Commerce Department, and great aviation industry free from REPORT QUOTED makes it impossible to modernize for the the tie that holds aviation to the ground. Let me quot~ the closing portion of jet air age which is today upon us in Our hearings have shown that aviation the Harding committee report: civil air transportation. is a captive agency. Commerce Depart­ . It is clear that a great deal of effort has I do not know how an administration ment leaders have said they cannot re­ been made to coordinate the activities of could more conclusively prove the inca­ veal to the public how much CAA has various Government departments and agen­ pacity, the lack of know-how, the lack of asked for of the departmental budgeteers cies in the development and operation of willingness to do anything about mod­ of the Commerce Department for the aviation facilities. But it is also clear that ernizing our air facilities, than the pres­ improvement of navigation facilities. All the development of the required facilities is ent administration has done in empha­ that is a classified secret, Mr. President. lagging far behind the needs of aviation. sizing at long last the necessity for a Our hearings finally broke this foolish We find that none of the interdepart­ Presidential assistant to take over the mental committees dealing with coordina­ secrecy. tion has any independent executive au­ duties which Mr. Weeks and Mr. Roths­ We managed to get the information. 'thority. Their · members serve only on a child are still insisting they should have. ·We managed to find out about the deep, part-time basis and the membership changes They insist that they should control cutting slashes year after year wh:ich M-r. frequently. While it was originally intended aviation. In some distant past reorgani­ Weeks and Mr. Rothschild have admin­ .that, in addition to exercising their coordi­ zation they claim-that practically all the istered to the needs for a modernized nating functions, they would be instru.:. transportation facilities of the Nation traffic-control system and for modern­ mentalities for the development of forward were coordinated and consolidated into ized equipment. looking policies, they have, in practice, be­ come primarily mechanisms wherein th_e rep­ a very well-planned transportation Because of their dismal failure, we _resentatives of various Federal agencies meet agency in the-Department of Commerce. finally must supplant them and their to debate and, whenever possible, coordinate That assertion was in the sworn state­ thinking by an assistant to the Presi­ action on pressing current problems.- * * * ment of the Under Secretary of Com­ dent of the United States, who is to con­ It is not our desire to belittle the useful merce for Transportation. He said, in duct a study to improve those facilities. 'functions which these organizations per­ effect: "We would be going backward if GET ON WITH TASK form, but we do wish to note their practical we dared remove aviation from her sister limitations. · We think· it is abundantly clear Why ·do we not get on with the job? that, because of their basic structure, they transportation agencies." Why does not the administration get be­ cannot be expected to provide the dynamic On cross-examination we asked just hind the bill I introduced, on which hear­ leadership required for origination and de­ what transportation the Commerce De­ ings are now being conducted by the velopment of a comprehensive national avia­ partment or · the Under Secretary of aviation subcommittee? · tion facilities system. Certain essential ele­ Commerce for Transportation adminis­ Why does not the administration set ments of effective Government action seem tered. We asked him if he administered up an independent Civil Aeronautics Ad­ to be missing-full-time direction, full · dis­ the trucklines. No; they were under the closure of pepartmental information and ministration? plans, closely coordinated budgetary plan­ Interstate Commerce Commission. ·We If Mr. Curtis, .who is apparently quite ning and funding, and a unified approach asked him if he administered the bus­ a leader in aviation, is competent enough to the Congress in matters of appropriations. lines. No; they were ·under the Inter­ to be the Presidential assistant, why not It seems evident that there is a 'need for state Commerce Commission. We asked put hinl in charge of the independent forceful, high level direction of the studies him if he administered the railroads. Civil Aeronautics Administration? r- 'f 1956 CONGRESSIONAL RECORD-'SENATE 3827 Let ·us ·get on with-the job. Time Will Let us not wait until we have a crash new Administrator, I think it is very un­ not wait. It is indeed a sad commentary of 2 planes, each carrying 75 or 8~ pas­ fair, very unwise, -and totally incorrect that every forward step that has been sengers, in a fog over the Washington to say that a career man as such-and inade in aviation had to be made by the National Airport on a day when planes I recognize that Fred Lee has been a ca­ Members of the Senate and the Members must land by instrument. Let us get reer man and has devoted a long time to of the House over the bitter obstruction- - busy and do the job that is required to aviation-in the person of the man who ist opposition of Secretary Weeks and be done. Let us do that job today. is now to replace Mr. Lee and whose Under Secretary· Rothschild and Under More study merely adds to the danger. nomination is before the Senate for con­ Secretary Murray. More and longer investigations and more firmation is a politician and has been CONGRESS OVERRIDES WEEKS buckpassing will lead only to. J:ioldi_ng appointed as such. That is absolutely certainly we' have made. a litt.le back the dynamic progress of civil avia­ untrue and unfounded. tion. Civil aviation is necessary to our Everyone who knows the record of progress with the Federal airport bill national defense. It is as necessary as and in the feeder airline bill. we. hope Mr. Lowen must be aware that he has. we will make some progress with. a military aviation. ·devoted a great many years to worlf in . Mr. President, it is later than we think. the field of aviation, that he is excep­ second· commercial airport for the city The President's own Harding commit­ of Washington. tionally well qualified in that respect, tee proves that today we face a crisis. and is well known by those who are in Every witness, even the reports of. the We face it constar:itly with the men Department of Commerce, has. ~estifi~d that industry as being most competent. who are charged with civil aviation ad­ That is not to say, Mr. President, that to the fact that traffic conditions m ministration in the Commerce Depart­ Washington are among the most danger­ Mr. Lee is not competent. I have no ment. We face it because they· have quarrel on that point, and the chairman ous in the Nation. The .airport and the been unwilling to move. We face it be­ air space are so hopeless~y ov~rcrowded of the subcommittee knows that I have cause they have been unwilling to let held Mr. Lee in very high regard. But that some -airplanes which wish to be the public know what is going on. They scheduled to land in Washington must it is the right of the President .of the. have stifled in intradepartmental se­ United States to determine who is to overfly the city, because they cannot crecy requests that have been made by land at the airport. serve in these appointive positions, and Lee and CAA experts for modernized the President has seen fit to make a The subcommittee and the full com­ instruments, radar facilities, and other change in this particular office. mittee on July 29 of last year ordere.d air-navigation facilities. the Secretary of Commerce and his So ·far as I am personally concerned, 1 certainly hope the White House ;er in the absence of contrary evidence, and, Deputy Under Secretary for Transpor~a­ Assistant President AdamJ, or whoever tion to be ready to ask for appropria­ is running it, will consider -the niatter. until someone can show that Mr. Lowen tions to start work on a second Wash­ However, until we do place aviation in is not equally as well qualified to serve ington airport·when Congress reconvened in. that position and to render service an important, independent agency-free in the interest of aviation and the de­ on January 3. from the shackles of the Commerce De­ velopment of a sound system of aviation, MORE CONVERSATION partment-we will never reac1:1 the.gr~at including measures which will lead to What did we get. We got more con- goals this Nation as a leader m aviat10n greater safety, I shall support him to . versation. we got more . tal~ about. a must some day reach. · Mr. PAYNE.' Mr. President, as I sat the fullest extent possible . tri-State authority to det~rm~ne how to When the statement is made that the finance and how t::> build a second Wash­ here and listened to the remarks of the ·senato-r from Oklahoma [Mr. MoN­ Department of Commerce, under the ington airport. That is exactly where . present administration which has been we were last July. RONEY] I felt impelled to take the floor and attempt to clarify some of the ob­ in power a little more than 3 years, has we were further back than we were failed to take any action or to be inter­ ·in 1950, when at least t.he Depar~ment servations which my distinguished col­ league ested in any way, shape, or manner in ·bought some land for the Burke airport has made, particularly with ref­ connection with making funds available "and got ready to go ahead. ·erence to the all-important subject of in order to carry out programs which When Co:3gress returned in January aviation safety. I hope I shall be able some believe to be most essential, I say we had that wonderful '-'clincher" on to do so. · that if we make a searching analysis and ·aviation safety--,that wonderful bra~n­ Let me say that my distinguished col­ -study the facts as they exist, we shall child of Mr. Rothschild· and Mr. Weeks-­ ·1eague from Oklahoma, who happens to be the chairman of the subcommittee on have to admit that not only during this which would send 75-passenger. an~. which I serve, is not alone in havin·g deep administration, . but during administra­ very soon, 100-p~ssenger comm.ercial air tions under Democratic control, substan­ -transports to an alternate airport at ·interest in the needs of air safety or in ·tial cuts in appropriations were -made Andrews Field. ·the recognition of what a sound program all the way down the line. Large reduc.:. Andrews Field happens to be one of the for aviation means to the Nation,· be­ tions were made both in the House of -cause that interest is shared by all the -Representatives and in the Senate; busiest jet combat bomber and fighter members of the committee and of the .fields in the whole United States. ~e through the Appropriations Committees, military authorities shudder to thmk subcommittee.· But let me emphasize notwithstanding the pleas which were that their own military ·pilots would be very definitely that the interest is also made on many occasions for funds in endangered by the divers.ion of civilian reflected in _the Department of ·Com- sufficient amount to provide an increased air traffic to their field. Consider how ·- merce, regardless- of the remarks which ·safety program in the way of naviga­ airline pilots would feel about those fast, have been made by the Senator from tional aids. Oklahoma on the floor this afternoon. "'hot," tactical jet uircraft landing .a~o;ng­ Mr. President, let me refer briefly to . side of 50- or 100-passenger civillan · There is nothing in the RECORD and the recent appointment of General Curtis transports. there is nothing to which the Senator to the position for which the President -can point which in any way justifies the has chosen him. It so happens that I MIX TRANSPORTS AND JETS ·accusation that the Department of Com• · Yet that was the recommendation. know General Curtis: In World War I ·merce-is a ground-minded· Department. .he served in the Air Force, with great dis­ That was the No. 1 recommendation that Directly after making that statement, tinction. -Eddie Rickenbacker knows was made by these men of. ~?mme~ce ·the Senator stood upon the floor and who have been in charge of civillan avia­ . General Curtis very well, and knows of ·went on to define the various activities his capabilities, because he was with him tion and who have throttled at .ev~ry ·with regard to control of railroads, the opportunity the progress that av1at10n regulation of trucking, and other things in World War I . . General Curtis also must make. whfoh I have always considered were .served with great distinction in the Air Certainly we will not get off the grou?d ground operations, and said they were Force in World War II, and is well quali­ and be airborne in a modern commerci~l outside the jurisdiction of the Depart- fied from an executive standpoint, and aviation devefopment as long as we cham . ment of Commerce. ·· . - -from the standpoint of his knowledge of the airplane to the railroad track. -. It When it comes to the question of the . aviation. He is recognized throughout . has been cpained throughout the admin­ -relative merits of, the former .Adminis­ .the -United States...as being.a good man to i~tration of Sinclair Weeks by Mr. Mur­ trator, Mr. Lee, and of the man who has have been chosen by the President to ray, and now by Mr. Rothschild. been appointed by the Presid~nt as the head this activity. 3828 CONGRESSIONAL RECORD-. SENATE March 2· . ·The record is clear that the Secretary Friendship by those in the industry. the Department of Commerce, under of Commerce himself- joined in and rec- · There were objections to Andrews by both Democratic and Republican admin­ ommended to the President that this sort both those in the industry and those in istrations, were ignoring. of activity be undertaken to try to co­ the military. It comes down, now, to a The distinguished Senator from Maine ordinate the situation. Why coordinate question of whether or not arrangements is one of the most authoritative persons it? My friend from Oklahoma knows for the site at Burke can be worked out on the subject of aviation in the United very well indeed that we have two phases in such a manner as will permit a second States. of air operations. airport to be constructed in that area. Mr. PAYNE. I am afraid the Senator One is that which is carried on by the The Senator from Oklahoma, I know, from Oklahoma is being very generous in military; the other is that which is car­ wants to be realistic; he wants to be his remarks. ried on by private organizations, whether factual. So long as there is insistence Mr. MONRONEY. I am not. I have they .be in the transport field or in the that the proposed airport be established had the pleasure of serving with the field of other private operation. in the area which during the previous Senator from Maine on the Subcommit­ There has developed a conflict with · administration was selected after en­ tee on Aviation of the Committee on In..' reference to the methods which should gineering studies and for which purpose terstate and Foreign Commerce. I know be employed in order to bring greater land was purchased, there will be a of the work he has done and of the benefits to aviation, insofar as the safety strong protest against the location of the great interest he has manifested in all factor is concerned. I am sure the Sen­ airport at that site. Unless another site types of civil aviation. ator from Oklahoma knows that to be for the airport can be selected and the I am confident the Senator will admit so. It is not anything new. It has not necessary plan can be worked out--:-and that at countless times during the hear­ existed only in the past 3 years; it has that will involve doing further work, ings the finger of blame was pointed not existed for a number of years. But now a though I hope it· can· be done shortly­ only at the mistakes of the present ad­ serious effort is being made to get to -the the establishment of the new airport wil~ ministration, but also at the errors of the root of the matter and to. work out a be delayed. past administration. · sound and sensible way to meet and re­ I agree that more than enough time Mr. PAYNE. That is correct. solve the challenge which faces the coun­ has elapsed. I have been just as con­ Mr. MONRONEY. We are fighting a try in the air. _ cerned as has the Senator from Okla-: system· under -which · civil aeronautics~ ·Mr. President, I am confident that homa that the second Washington air­ with its great and dynamic possibilities, General Curtis, with his knowledge of the port be gotten under way promptly. is the captive of an agency which is con­ subject, will be able to bring about re­ So much for that. Let us get down cerned with weather reports, the mer­ sults which I am sure even the Senator to the safety program, so-called, of the chant marine, weights and standards, from Oklahoma will agree will be most Civil Aeronautics Administration. It and general, ordinary manufacturing satisfactory in the interest of aviation. has been stated in the Senate, and -the business methods, to the point where With reference to the subject of a sec­ record, if not clarified a little, would aviation has been and continues to be, ond airport for Washington, I wish to lead one to believe, that the prior Ad­ with increasing acceleration, a disen­ commend the distinguished Senator from ministrator of the CAA was perfect in franchised satellite of a rather cruel and Oklahoma for the deep interest he has regard to the presentation of programs inefficient stepmother in the Department taken in that subject, as well as in avia­ which would bring about a greater de­ of Commerce. tion in general. Certainly no man has gree of air safety, but that he was · Mr. PAYNE. I appreciate the remarks given more of his time an4 shown greater throttled by the Department of Com­ which my colleague has made. I am very interest in this problem. than has the . merce through its several heads. happy, indeed, that he has clarified the Senator from Oklahoma. I have been Let me ask this question: Are the record substantially with regard to the happy to join with him .on many, many trade papers of the country, which, after statement he has made on the floor, be­ occasions, because I, too, happen to be all, write of their concern in r.viation, and cause I hope I understand the English airminded. I cannot in any sense of which follow these subjects day in and language fairly we ~l. The inference I the word maintain that I hold.a preempT day out, year in and year out, all wrong? drew from his remarks was that all the tive position in t)l~t respect, for many, of I do not know. But let me say that difficulty had developed and was being my colleagues and many persons I have seen and have placed in the record continued by the present administra­ throughout the Nation are better quali- of the hearings editorials from some of tion, under the present Secretary of . fied and equipped than I am to take an the outstanding aviation trade -journals, Commerce and his assistants. The Sen­ interest in aviation and to express them­ which maintain that there was no pro­ ator from Oklahoma has now very well selves accordingly. gram of a satisfactory nature; that con­ clarified his statement. In 1950, as I recall, Congress did di­ ditions had been permitted to drag along Two wrongs do not·make a right, let· rect that a second airport be con­ and such delay had been encountered me say, but the Senator has now clarified structed._ But, again, let us make the as to justify the belief that the situation the picture materially, because he now record clear. Tl}e bill carried some lan­ would develop as it has developed. admits frankly, as it was clear from the guage to the .effect that it be constructed Mr. MONRONEY. Mr. President, will record in our committee, that this condi­ if-if-there could be an agreement on the Senator yield? tion is not something which has hap­ the part of those in control of the local Mr.PAYNE. !yield. pened only today; it has been happening government unit where the port. was to Mr. MONRONEY. Would the Senator for some time. The Senator from Okla:. be located. The Senator from Okla­ favor me at this time or later, for the homa has joined with me in that belief, homa knows as. well as I do that there benefit of the RECORD, the names of the and we have so expressed ourselves was .not an agreement; there wal:! strong trade papers that have expressed their jointly together with the distinguished protest raised after the Jan<;i had been fear of Fred Lee? Will the Senator sup­ Senator from Kansas [Mr. ScHOEPPELJ, purchased, as I remember. ply the names of the trade papers which who has attended most of the hearings. _ Time went on. W.as any other action have criticized Fred Lee? I know of but Let us get away from mere talk on this taken during that period of time to try one, and it is a minor trade paper in­ subject and get down to action; let us -to develop .other_ways whereby .the need deed. get under way a program which will face of a second airport could be met? No. I shall be glad to supply fbr the record the future of aviation squarely, and mak;e The present administration walked a list of the trade papers which have certain that it will be given the impetus into the picture, confronted by the same gone on record commending the opera­ and assistance it needs in order to pro­ identical situation. . They tried to effect tions of the CAA, and supporting the vide greater safety and absolute safety ·a compromise. They made a study· of methods which were used by Fred Lee to wherever that is possible. other facilities within the region­ obtain larger appropriations over the Mr. MONRONEY. Mr. President, will Friendship Airport, Andrews Field, and years in order to try to overcome the the Senator further yield? the area in Virginia which has beeh ever-growing congestion in airports and Mr. PAYNE. I yield. . mentioned, namely, the Burke site, so- the ever-growing danger which was de­ Mr. MONRONEY. I think the Senator . called. There were objections to veloping, and which the high officials of from Maine well knows my Position. I

.· . 1956 CONGRESSIONAL RECORD - SENATE' 3829 think I have said countless times in the lican Politician. If I _disparaged him, it There- being no objection, the table committee hearings that we do-not mind was in no way intentional. I said he had. wa~ ordered to be_printed·in the RECORD,. the Republican administration imitating some degree of experience in aviation, as follows: the successes of Democratic administra­ but I did say he was ·a:Republican politi-· Civil Aeronautics Administration, appropria­ tions; but we do not think the Republi­ cian, and I do not believe that is an tion history, "Establishment of Air Naviga­ can administration necessarily should opprobrious term. I have many friends tion Facilities" imitate or follow the errors which the who are Republican politicians, and. UNDER PRESIDENT TRUMAN Democratic administrations may have many of them are men of the highest [Millions of dollars] made. . · type; some are serving .in the United When errors can be seen to be beoom-­ States Senate, as is my distinguished Com­ merce Congres­ ing apparent, steps should be taken to friend, colleague, and fraternity brother, CAA Presi­ sional Fiscal year request submis­ dent's correct them. I may say that, in my who has rendered distinguished service sion to budget appro­ judgment, there has been a far greater in the Senate. BOB priation acceleratiorl in the number of errors· Mr. ALLOTT. I might say I do not -----1·------1950 ______being committed under Mr. Weeks and mind the Senator's calling him a Re­ 1951______$127. 8 $67. 2 $42. 2 $37. 5 Mr. Rothschild than · have occurred in publican. I do not know that I was 1952 ______78. 5 48. 7 43. 5 19.0 the past, as the appropriation requests 1953 ______39.1 39.1 24.4 10. 5 aware that he was a politician. I do not 1954 ______35. 5 18. 3 15.1 10.0 and the funds appropriated will show.' believe he has ever had an elective office, 30.0 22.0 13. 0 I shall be the l:;tst person in the world within my recollection, but I should like to point to a lilly white, perfect Demo­ to say that the remark to which I take UNDER PRESIDENT EISENHOWER cratic record in aviation. The problem exception, or at least on which I wish has grown as air traffic has increased. to make the record straight, was the 1 $13.0 I 1$7. 0 1$7.0 $7.0 If the Department of ·commerce was remark to the effect· that it was doubtful 1955______21. 2 7. 7 I 5. 0 I 5.0 195L______26. 5 26. 5 23.0 16.0 not competent to deal with the situation· if he was qualified for the office. · 1 in 1948, and did not deal with it suffi­ I wish to say, first of all, there is no 1 Revised. ciently, then the reason can partly be agency in the United States which has. Reference: Except for original 1954 figures, above fig­ ascribed to the fact that the problem been so afflicted with inability to get ures :v~re cited by Sem.tor Scboeppel, Jan. 10, 1956. Origmal 1954 figures from F. B. Lee's testimony of Jan. was not so acute then. Perhaps it was things done as the CAA has been, at least 10, 1956. not so obvious then as· it is today, with within my last 10 years of active interest Also, F. B. Lee testified that each year's CAA require­ the saturation of air space over La­ ments of over $40 million were reduced prior to CAA re­ in it. It has gorie forward; it has drawn quest in compliance with budget policy letters of Secre­ Guardia, Midway in Chicago, Washing­ back; it has been like the proverbial old tary of Co=erce. . . ton National, and many, many other air­ lady unwilling and unable to make up its Civil Aeronautics Administration, appropria- ports with which the distinguished Sena­ mind. Its policies with respect to navi­ tions history (0 and R) "Operation and, tor from Maine is familiar. The diffi­ gational assistance or systems have been Regulation" culty is growing rapidly. uncertain and indefinite. It has gone PRESIDENT TRUMAN'S BUDGET Mr. PAYNE. And faster with the ad- forward; declared itself; undeclared it­ [Millions of dollars] vent of the jet age. · self; returned; and during all of that AN AIR "DECLARATION OF INDEPENDENCE" time I might say that the gentleman Com­ Congres­ whose loss the Senator from Oklahoma CAA merce Presi­ Mr. MONRONEY . . Indeed. The in­ Fiscal year submis­ dent's sional decries was Administrator of the CAA. request sion to appro­ termixture of military j.et flights and budget priation civil aircraft flying, together with the Let me say for my very good friend, BOB Charles Lowen, Senators will find that, congestion over airports, might be con­ 195() ______sidered to be the straw w.hich will break in addition to his war record, he has had 1951______$123. 4 $110.1 $97. 4 $94.4 a long period of intensive interest in 1952 ______117. 9 104. 4 104. 3 98. 5 the camel's ba.ck. So perhaps we had 1953______106.5 106.0 102.8 99.1 private and military flying. 1954 ______111.1 112. 4 109.0 105.6 better, after the experience we have had, 114.4 try to give aviation a "declaration of In my opinion he is far more qualified 113. 2 110. 3 independence," so that .it can be air­ than was the gentleman whose place he borne in its own right and can serve the will take. If that had not been so I EISENHOWER'S BUDGET public in the dynamic way its destiny would not have placed myself behind his appointment. - 1$107.0 11 $105. 511 $105. 51 $105. O· should permit. . 1955______109. 3 100. 6 97. 3 98.1 Mr. ALLOTT. Mr. President, will the All of us have an interest in· the safety_ 1956______117. 7 111. 7 107. 4 106. 8 Senator yield? . of airliners, military transports, and pri­ 1 Mr. PAYNE. I am happy to yield. vate planes. I may say that private fly­ 1 Revised. Reference: Except for original 1954 figures, above .Mr. ALLOTT. I do not have the privi­ ing is probably getting as little consider­ figures were cited by Senator SCHOEPPEL, Jan. 10, 1956. lege of being a member of the subcom­ ation as anything else in this country. Original 1954 figures from F. B. Lee's testimony of mittee with .the distinguished Senator In behalf of Chuck Lowen, I venture Jan. 10, 1956. from Maine and the distinguished Sena­ to say that it is my opinion he will tor from Oklahoma. I wisli that were discharge the duties of bis office, not only AMENDMENT OF SOCIAL SECURITY possible. However, having been a mem­ with distinction, but with the ability ACT-AMENDMENT ter of the Air Force for almost 4 years and efficiency which he has displayed in the last war, and having been a pri­ throughout his life, particularly in the Mr. GEORGE. Mr. President, I rise vate pilot for some 9 years, I believe I air field and in problems of aviation. to submit, out of order, an amendment· know a little.bit about this subject. · Mr. PAYNE. Mr. President, I yield which I intend to propose to H. R. 7225, the floor. the bill to amend the Social Security More than that, I must say to my very Act, a bill which is now pending before good friend, the junior Senator from APPROPRIATIONS REQUESTED the Committee on Finance. I ask unani­ Oklahoma, I hope the time will never Mr. MONRONEY. Mr. President, I come when a friend of mine is attacked mous consent that the amendment be ask unanimous consent to have printed printed and_referred to the committee. upon the floor that I shall fail to rise in the RECORD at this point requests for or rally to his good name and his as-· appropriations made by Mr. Lee for air The PRESIDING OFFICER 0"7year age requirement a disabled person tuaries in nearby watersheds. This ac­ could draw his benefits immediately when he program, the civil-service retirement pro­ needed them. gram, and the veterans' program. Many tion tended to uphold Mr. Warren Unna's Over one-third of all disabled persons are State and local retirement systems provide series in the Washington Post and Times under the age of 50, all of these persons would for payment of disability insurance benefits. Herald. It made out of date· the memo­ be benefited by my amendment. The proposal to pay disability insurance randum assailing Mr. Unna, almost be­ Social-security benefits are paid in rela­ benefits would help everyone in the commu­ fore the memorandum was set in type tion to an individual's previous wage history. nity. It would help the disabled person and for the RECORD. The minimum benefit is $30 per month; his family. It would help the individual pay I will not encroach further, Mr. Presi­ the maximum is $108.50 per month. These his rent, grocery, and doctor bills and would help the individual to continue paying his dent, upon the time of the Senate, other payments win help many families to stay than to discuss briefly the memorandum together and will help to pay their grocery Mf~-insurance premiums and other neces­ bills, rent, and doctors' bills. They will help sities of life. This is a proposal which should in the famous Al Sarena case. The to take the heavy financial burden off the merit the .support of all who are interested memorandum declares that the timber backs of many disabled persons and· their in the wel{are of the men and women who at Al Sarena was worth only $2 or $3 an :t;amtlies who are carrying t.he double· handi­ have worked to make our country strong and acre at the time "these claims were filed cap of a serious disablement and loss of in. great. on as mining claims.'' How misleading come. They should help to bring some relief can statistics ·get?· The company first from the worry and strain which disabled sought patent in 1948. That was when persons undergo when they are · suddenly ADMINISTRATION CONSERVATION faced with the terrible.calamity of permanent POLICIES timber values entered the picture, be­ and total disability. cause the timber could not be harvested The hearings before the Senate Committee Mr. NEUBERGER. Mr. President, on commerc'ially until patent was granted. on Finance have amply demonstrated that it February 29, the ·distinguished junior In · 1948 the timber was worth many, is essential to liberalize the· social-security Senator from Arizona [Mr: GOLDWATER] many time·s $3 an acre, of course. program to help disabled persons. The bur­ inserted in the RECORD a lengthy mem­ The memorandum purporting to an­ den of disability is a crushing load on many orandum which purported to answer and swer Mr. Warren Unna's comments on 1956 CONGRESSIONAL RECORD - SENATE 383l the Al Sarena case never once admits continuation of the low-cost public­ is embarking upon a very difficult jour­ the fact that, although the Interior De­ power program. Because the adminis­ ney. In a few days he will visit Karachi partment granted patent to these so­ tration has met with some success and Pakistan, where he will attend the 3~ called mining claims_over 2 years ago, some victories in this warfare, there are day meeting of the Council of the South­ not a spoonful of ore has been mined, no .further supplies of low-cost power east Asia Treaty Organization. Mr. but over 2,10-0,000 board-feet of timber for new payrolls in the Northwest. Thus President, Pakistan has many problems has been cut commercially. it is that, when a mill in a town like which, of course, will be called to the All these circumstances, Mr. President, Westport closes, we do not have new jobs attention of the United States Secretary support the Washington Post and Times in power-using industries to absorb the of State. Herald, rather than the Interior Depart­ men who are thrown out of work. Later, Mr. Dulles will visit India and ment brochure which supposedly, an­ Mr. President, as the years go by, I Burma, where he will arrive in the wake swers the series. fear that the same story will be repeated of a triumphant visit by the leaders of Mr. President, I had intended to ask elsewhere in my State and in the Pacific the Soviet Union, Messrs. Khrushchev unanimous consent to have printed in Northwest. Secretary Douglas McKay and Bulganin. the RECORD the first article by Mr. Unna and his political allies will have to ac­ Thereafter, Secretary Dulles will visit in this series, which was published Jan­ cept the responsibility for the slowing Ceylon, where he will go for the first uary 8, 1956, but I understand the Sen­ down and the choking off of our low­ time. Ceylon is a coUl'ltry with which ator from Montana [Mr. MURRAY] has cost power program. What do they have we have once again, in an economic aid had the whole series of articles printed to offer as a substitute source of employ­ sense, resumed relations. in the RECORD of today, and so I shall ment in our great region? Thereafter, Secretary Dulles will go to not request that the article be dupli­ Mr. President, in conclusion, I ask Saigon, where, I am sure, he will look cated. unanimous consent that an article en­ into the situation in South Vietnam. I However, Mr. President, I desire to titled "Mill To Shut at Westport," which hope he will visit Pnom-penh, and will refer to another subject. was published in the Oregon Daily Jour­ examine the situation in Cambodia, a The PRESIDING OFFICER. The nal of February 23, 1956, be printed at country which, according to the state­ Senator from Oregon has the fioor. this point in the body of the RECORD. ments appearing in the press in the last There being no objection, tne article few days, is experiencing a new turn of was· ordered to be printed in the RECORD, mind, and seems to be veering not only CLOSING OF THE SHEPARD & MORSE as follows: toward neutralism, but also perhaps LUMBER CO., OF WESTPORT, MILL To SHUT AT WESTPORT-BIG TIMBER LACK toward closer relations with Communist OREG. LISTED AS CA USE China. Mr. NEUBERGER. Mr. President, I . ASTORIA, February 23.-After 45 years of The Secretary of State will go to Indo· have received word from Astoria that, continuous operation at its present site at nesia for the first time-a country in after 45 years of continuous operation, Westport, the Shepard & Morse Lumber Co. which elections have just been con­ the Shepard & Morse Lumber Co., of will close per:r,nanently Friday. Primary rea­ cluded, and a country in a state of· fiux. Westport, Oreg., will close permanently. son for the closure, according to Harry L. and having many ·problems. Approximately 160 men will lose their Smith, superintendent of the mill, is that The Secretary of State will also visit large logs are no longer available. Formosa, the Philippines, Japan, and jobs. These men, with their families, Smith said the sawmill was originally will have to move somewhere else . . It built to handle extremely large logs. Korea. Each of the countries he will visit is feared that the entire city of West­ Some 160 men will be released from their has its own problems and its own diffi· port will become a ghost town. . This jobs with the mill's closing, Smith said. culties. In each of these countries he mill has been in operation since 1910, What effect the layoffs will have on the town will confer with the recognized leaders. almost half a century. At its peak, the of Westport itself is problematical, he stated. Mr. President, my purpose in rising this mill produced 225,000 board feet of luni­ Some 200 men are presently employed, 49 afternoon is to wish the United States ·ber every 24 hours. It cut timber that of whom will remain in the employ of Secretary of State, Mr. John Foster Shepard & Morse to operate a remanufactur­ Dulles, Godspeed and good luck; and to measured almost 122 feet in length, for ing plant. sailing ships and other impressive uses. Westpart is largely a company-owned town, assure him that insofar as we are con­ The reason given for closing the sawmill "although there is an even distribution of cerned, regardless of party, we wish for at Westport is the fact that it has run privately owned homes in the town proper. him the best of everything, because what out of logs. The fores ts are no longer However, an estimated 60 percent of the mill he does in South Asia, in Southeast Asia, available to provide the· grist and the employees have their homes outside West­ and in the Far East will reflect upon our raw material for this mill. port. The company also owns a hotel, meat country for ill or for good. · Unfortunately, Mr. President, the market, general merchandise store, and a So our hopes and our prayers are with pool hall and billiard club, all of which will him. We know he will do his best, and same situation is developing at other be closed unless taken over by a private places in the State of Oregon and in buyer. we hope he will be able constructively to the Pacific Northwest. After perhaps Private operations include two restaurants, overcome the inroads which in recent half a century of cuttipg, the old growth a movie theater, a service station, and a sec­ weeks have been made by the Soviet timber in many localities is gone. There ond general merchandise store. Union in that particular part of the is not sufficient second growth to keep Smith noted the present mill was built in world. 1910, and in its history has cut timber that The questions he will be asked will be ·a large mill in operation. Thus, the measured almost 122 feet ·long for such fa­ "tragedy takes place. The mill shuts. many; the problems will be difficult; and mous structures as the frigate Old Ironsides. the answers to both will, .m many in­ Workers lose their jobs. They and their At its peak, it could produce 225,000 board­ families must migrate to somewhere else. feet of lumber a day. stances, be hard to find. An economic void is left in that part We will be looking forward to a report of Oregon. All the nearby communities, by Secretary Dulles on his return so that GODSPEED TO MR. DULLES we may, once again, refresh our knowl­ with their shops and stores and other edge of that most important area of the facilities, feel the pinch. Mr. MANSFIELD. Mr. President, to­ There exists in the Northwest only one day the Secretary of State leaves for a world-the continent of Asia. basic resource to take up the slack in trip to 10 countries in South Asia, South­ employment. That resource is hydro­ east Asia, and the Far East. AGRICULTURAL ACT OF 1956 electric power, generated by the Colum­ On occasion I have differed with the bia River and its tributaries, as they Secretary of State, and certainly I am The Senate resumed the consideration surge off the great mountain ranges of not in accord with the optimistic picture of the bill

1 CONGRESSIONAL RECORD-'SENATE 3835 Farm depression ean start a ehain re­ It is a bill to help· ranchers,· planters, Mr.-McCARTHY; Mr.-Pr.esident, I am action as dangerous as the atomic bomb. dairyn.. en, and all those who make their 'Offering an amendment to S. 3183 which One part of our country cannot suffer living, directly or ind.irectly, from the will have the effect of making a 90 per.. without all suffering. That process is -soil. Furthermore, it is founded upon a cent support price for dairy products already in motion today. basic concept which, regardless of itS mandatory, thus putting dairy products Mr. President, I am not here to con­ critics, has worked well in the past-a on a par with the basi-c commodities. tend that the bill is perfect. In many re­ floor at 90 percent of a fair price, and un­ My amendment would substitute a 90-:­ spects it represents a compromise. In ,der rigid acreage controls. percent floor on supports for dairy prices, others it could be improved by amend­ The criticisms of the 9-0 percent con­ in place of the 80 to 90 percent discre­ ment; and I am certain that many cept appear to be wide of the mark. It is tionary range, stipulated in section 105 amendments will be offered, . and cer­ a concept that is workable where com­ of the bill. ' • tainly some will be adopted. Moreover, modities are controllable and storable. As regards general farm policy, I con­ the bill may well be improved in a con­ It has worked well in the case of tobacco, tinue to believe that fixed price supports ference between the representatives of a product which is basic. It is basic ~nd for farm commodities are desirable,, un­ the two bodies. is of great importance in the State which til such time as just and sensible steps One feature of the measure is, frankly, I have the honor in part to represent. are taken to bring farm production into experimental. I am referring to the soil In passing, I think it is fair to say that line with consumption of farm products. bank plan. When I say "experimental" up to this date the Federal Government I have always felt that President Eisen­ I do not mean that the plan has not been has not been out one dime on the tobacco hower was right when he said in Kasson, in the minds of the people before, or that program, and that program has been Minn., on September 6, 1952, that 90 it has not been in operation before; I operating for many years. percent price supports a.re in the nature mean it has never been in operation to The choice before us is clear. We can of a moral and legal commitment which the extent which is contemplated by the return to 90 percent price supports and must be upheld. Over the past 15 years language of the bill which is before the bolster a way of life that is dear to us all, the farm community has been encour­ Senate today. The soil bank, in my or we can continue the sliding scale and aged to commit maximum manpower, judgment, will be productive 'Of much resign ourselves to a future of factory maximum natural resources, maximum good in the future, but it can do little to farming and big business. plant and machinery, toward the ob­ meet the problems of the .immediate Mr. President, I have never been op­ jective of maximum production. Farm­ present. posed to big bus.iness merely just be­ ers have made these long-range commit­ As the chairman of the committee cause it is big, but I believe that the day ments on their understanding that the stated earlier, the one item of the bill when our agriculture is merely another Government would see to it that what­ which will be able to be felt in the pock­ belt-line enterprise will be a day every ever they produced would be bought at ets of the farmers at an early date is that friend of the farmer will regret. fair prices. In legal terminology, there which will pr-ovide higher support prices We can, if we wisb, delude ourselves has been something akin to action in for the farmers. with the concept that the sliding scale, reliance on the part of the farmer. It Mr. ELLENDER. Mr. President, may will rid us of our surpluses. We can, if seems to me that when the Government I observe, if my friend will permit me-­ , we wish, delude ourselves with the idea suddenly yanks out the rug, and thus Mr. CLEMENTS. I am pleased to yield that the so-called flexible supports will defeats the farmer's expectations, it is, to the distinguished chairman of the bring agriculture and industry into bal­ in effect. repudiating a moral contract committee. ance. Every fact and every statistic, in with the farm community. Mr. ELLENDER. All of this will come my judgment, contradicts both ideas, but But enough, for the moment, of the about without increasing the acreage. facts and statistics are frequently philosophy behind fixed price supports. Let us not forget that. ignored. - A majority of the members of the Sen­ Mr. CLEMENTS. That is correct. We cannot tell ourselves that the slid­ ate Committee on Agriculture and For­ ing scale will lead anywhere except to estry appear to agree with me on the Mr. ELLENDER. Whether there are misery for farming as we have known it in effect rigid price supports or ·flexible philosophy, s.ince they provided, in Sen­ hereto!ore. I do not believe we could ate bill 3183, for 90 percent fixed price price supports, the Secretary of Agri­ do any greater disservice to our countey culture wilt use the same law to deter­ supports on basic commodities. than to continue the legislation which is What is utterly baffling to me is that mine the number of acres which will be now on the statute books. planted; and the amounts which will be the mem·bers of the committee should Mr. President, out of order, I send two have decided that producers of corn, cot­ paid for price supports will have no ef­ amendments to the desk, and ask that fect on that. It is the supply which de­ ton, fobacco, milling wheat, and so they be pr'inted and ,lie on the tab-le. forth, are entitled to mandatory 90 per.­ termines whether marketing quotas are The PRESIDING OFFICER