UNITED STATES OF AMERICA Q:ongrcssional1Rc(ord

st PROCEEDINGS AND DEBATES OF THE 9 I CONGRESS SECOND SESSION

VOLUME 116-PART 8

APRIL 1, 1970. TO APRIL 10, 1970 (PAGES 9923 TO 11270)

UNITED STATES GOVERNMENT PRINTING OFFICE, WASHINGTON, 1970 9960 CONGRESSIONAL RECORD -SENATE crumb from the opposition Is hard to explain service on the highest court In the land (lack self to these issues. I ask unanimous con­ to the publlc. of judicial experience or close identification in RECORD. It could be that the organized forces op­ with special interests), all were routinely sent that it be printed the posing Judge Carswell are more alert to press approved. There being no objection the editorial agentry than the loose coalition in the sen­ And now here comes Goldberg to say that was ordered to be printed in the RECORD, Rte that is supporting him. JUdge Carswell is "not fit." as follows: The press agent offers fresh news, while We wondered what our reaction had been FAILURES OF ECONOMIC POLICY the Record brings It stale to the attention to Goldberg's own nomination, and checked of news gatherers upon whom there Is great The cost of living index took another big the files. jump last month. Nationally, consumer prices pressure to start every day off new with the "The obvious thing to say of President abundance of news you know Is going to de­ were rising at an annual rate of 6.3 per cent; Kennedy's appointment of Arthur J. Gold­ in New York City the cllmb was at a 9.6 per velop that day. berg to the Supreme Court Is that here is cent rate. That, really, could be a better explanation another case of political reward," The Bir­ mingham News said editorially on August 30, Assertions by spokesmen for the Nixon Ad­ than the common assumption that cur ministration that inflation is slowing still Washington reporters are just naturally more 1962. "Mr. Goldberg has no previous jUdicial experience. He Is known exclusively as an sound more like political propaganda than anxious to report something bad about a fact. A few days ago House Republican Lead­ man-especially If he Is a conservative, than attorney dealing with labor union matters. "Yet if this yardstick is to be the major er Gerald R. Ford emerged from a White something complimentary. But it Isn't a very House meeting with the cheery declaration good explanation, at that. criterion in measuring capacities of promise of judges, one could conclude only that the that inflation had been "defeated" and that American Judicial system is rife with incom­ the chances of a recession were "nil." The [From the Birmingham News, Mar. 26, 1970] only real enlightenment provide by the Ford GOLDBERG AND CARSWELL petency. The opposite is the case ... "Presidents, of either party, do name on statement Is that the Nixon Administration We hadn't Intended commenting again so basis of politics. But they also have shown has decided that the political dangers of re­ soon on the Carswell nomination. He will or a considerable feeling for what lies within cession are greater than those of Inflation. won't be confirmed by the Senate for reasons a man. There are exceptions, but agree or President Nixon made that even clearer in haVing llttle to do with his quallfications, disagree with Judicial histories or opinions, his recent news conference. and there is not much anyone can say which the overwhelming majority of Supreme Court In this election year, the Republicans have is going to have much Infiuence with the justices have been men who served well, decided to attack a potential recession be­ so-called "liberals"-who are anything but­ thoughtfully, and contributed to creation of fore there Is any evidence that inflation has who have decided that the President of the a spirit of justice." been checked. Less than two months after United States has no right to appoint a con­ It seems to us that President Richard Nixon the President vetoed the Health, Education servative, strict constructionist judge to the is entitled to the same presumption of good and Welfare bill on grounds that it would In­ court. faith and careful consideration of qualifica­ crease oUtlays by $1.5 billion, the Nixon Ad­ We hadn't, as we said, Intended to com­ tions of Supreme Court nominees that Presi­ ministration has released an extra $1.5 billion ment again-but It Is impossible to let pass dent John F. Kennedy was entitled to (and in construction funds. More importantly, the wIthout note the judgment by former Su­ got). It seems to us that G. Harrold Cars­ President and his key aides have been step­ preme Court Justice Arthur Goldberg that well (and Clement Haynsworth before him) ping up their insistence that the Federal Carswell Is "not fit" to serve on the high is entitled to the same benefit of the doubt Reserve increase the money supply, and court. that Whizzer Wllite, Abe Fortas, Thurgood Chairman Arthur F. Burns has indicated This Is Arthur Goldberg, whose nomination Marshall and-yes-Arthur Goldberg got. that the Fed is already doing that. to the Supreme Court by President John The anti-Carswell (really, anti-Nixon or It begins to appear thlllt those skeptics, Kennedy was confirmed by the U.S. Sen­ anti-strict contructionist) forces' desperate especially in the business world, who refused ate-Including many of the same men who effort to block him not only smears a man to believe that the Administration would now oppose Carswell-Without a dissenting Who, If confirmed, Inevitably will carry with carry its anti-inflation campaign to the point vote, despite the fact that Goldberg had not him to the high court some of the stain of causing a significant downturn, were right. had one day of judicial experience and de­ dOUbt, not only cheapens and further erodes If that were all there is to economic policy, spite the fact that his whole career had been pUbllc confidence In one of the basic founda­ much could be said for such an approach; devoted to serving as lawyer for a special In­ tion stones of our system of government­ unemployment may well be more costly than terest-organlzed labor, specifically the it is directly opposite to the treatment Which inflation, economically as well as politically. United Steel Workers and the AFL-CIO. "liberal" nominees of at least equally ques­ But the problem of policy cannot validly be (These are the same senators who accused tionable quallfication received. put in such simplistic terms. Judge J. Clement Haynsworth of "contllct of Has Goldberg forgotten? Have the senators The Nixon Administration does indeed interest.") Who voted to confirm him forgotten? Or has seem to regard inflation and recession as two Many of these sanle senators, it might be their sense of fair play been blunted by pet­ ends of a seesaw. and It strives va.1nly to find added, were In the Senate when the other tiness and "llberal" dogmatism? the right balance. But the essential job which of President Kennedy's Supreme Court nomi­ the Administration refuses to face up to Is nees, Byron "Whizzer" White, was con­ the necessity of imprOVing the trade-oli be­ firmed-again, without a dissenting vote. INFLATION tween infiation and recession-that is, im­ Like Goldberg, White, then an assistant to prOVing the underlying structure of the Attorney General Robert Kennedy in the Mr. MONDALE. Mr. President, I have American economy. Justice Department, had not a single day of become increasingly alanned by the The President backs oli from taking even Judicial experience. boasts of the current administration that those first steps to Improve the economic Even more of the senators who opposed the battle against inflation has been won structure urged by his own top economic Haynsworth and now oppose Carswell had and that the possibilities of a recession advisers. A prime case is Mr. Nixon's rejection come to the Senate by the time President are nonexistent. Surely the facts indi­ of the report of his own task force on oil im­ Lyndon Johnson made his first appointment port quotas, which showed that 011 quotas to the Supreme Court-Abe Fortas. Like cate that such optimism is not war­ are costing consumers $5 billion a year. Not Goldberg and White, Fortas had a reputation ranted. Last month the cost of living in­ only was this report thrust aside, but the as a lawyer, but had no judicial experience dex took another leap--consumer prices White House has now moved to restrict by whatsoever. He was better known as a polIt­ are rising at an annual rate of 6.3 per­ law the flow of crude 011 from Canada,a move Ical associate of the President. Like the other cent. that flagrantly disregards the national se­ two, Fortas was confirmed by voice vote, with This disturbing disparity between cUrity basis for any import quotas, which is no dissenting vote recorded. hopeful claims and stark reality lends their only legal justification. President Johnson's second appointee, greater urgency to the need to funda­ Other recent examples of the Nixon Admin­ Thurgood Marshall was serving on the fed­ mentally reevaluate present economic istration's tendency to aggravate rather than eral bench at the time of his appointment, attack structural problems can be found in so It cannot be said that he had no judicial policy. It is time we realized that a satis­ its expanded program of subsidies and tax experience. But before his appointment to factory answer to the problem of infla­ breaks for the merchant marine and its sup­ the bench (and preViously to the post of tion does not, and cannot, require more port for protectionism against competition U.S. solicitor general), he, like Goldberg, had jobless men on the streets or the sacrifice on textlle Imports. At the same time that It made his reputation primarily In the repre­ of homes and small business through ex­ yields to powerfUl pressure groups, the Ad­ sentation of one speciallnterest--clvll rights horbitant and inequitable rates of in­ ministration declines to make any eliort to groups. The only opposition to his confirma­ terest, develop an effective incomes WUcy to re­ tion was dismissed as motivated by Southern Mr. President, the doubts which I have strain prices and wages. racism and was trampled down. If the Administration continues to ac­ Without any comment at all on their per­ expressed in the administration's assess­ commodate Its every economlc move to the formance on the Supreme Court, the point ment of, and responses to, our grave eco­ specific poUtical presures that reach it, the Is that each was the appointee of a "Ilberal" nomic crisis are not shared by me alone. nation's hope of simultaneously achieving president, and that while each had factors An editorial published recently in the economic growth, high employment and price presumably weighing against nomination for New York Times squarely addresses it- stability will be doomed. April 1,1970 CONGRESSIONAL RECORD - SENATE 9961 DR. ROBERT J. ANDERSON, DISTIN­ characteristic of his public service ca­ mouth disease eradication campaign In GUISHED PUBLIC SERVANT reer. The impact of his unusual ability Mexico, serving throughout the program Mr. HRUSKA. Mr. President, as a is illustrated by the comments made by from 1947 to 1952. If foot-and-mouth member of the Agriculture Appropria­ others. disease had not been eradicated in Mexi­ tions Subcommittee for over 12 years, Dr. M. R. Clarkson, executive vice co and had spread to the United States, I have had an opportunity to become ac­ president, American Veterinary Medical our Nation's supply of livestock products quainted with quite a number of dedi­ Association, has pointed out that Dr. An­ could have been reduced by one-fourth. cated men at the Department of Agricul­ derson is recognized throughout North The people who worked with him in ture who have devoted their careers to America and in other parts of the world Mexico give Dr. Anderson much of the the advancement of American agricul­ as an outstanding administrator, with credit for the success of the campaign. ture. They represent an impressive array enviable personal traits. The ability and tact Dr. Anderson of education, experience, and expertise, Dr. George C. Poppensiek, dean of the demonstrated in working with repre­ and have pursued their distinguished New York State Veterinary College, Cor­ sentative members of the Mexican Gov­ careers as public servants through ad­ nell University, stated that during the ernment and livestock industry during ministrations of both political parties. years he served as Chairman of the Na­ the campaign created a lasting respect One of these outstanding men is Dr. tional Academy of Sciences Advisory that is largely responsible for the un­ Robert J. Anderson, who is presently the Committee on Foot-and-Mouth Disease usually good relationship that exists to­ Associate Administrator of the Agricul­ he appreciated the incisive way Dr. An­ day between the Department and Mex­ tural Research Service. derson explained policies of USDA. He ican officials. The good will is important Dr. Anderson and I have become ac­ said that few people possess the mature in continUing cooperative efforts of the quainted over the years as a result of judgment and diplomatic awareness that two countries in plant and livestock pest his efforts and leadership in the area of Dr. Anderson displayed so excellently, and disease control programs. livestock disease control. Recently, we In his work with the Academy's Com­ He has continued to work in the best have worked together to establish a U.S. mittee on Animal Health, Dr. Poppen­ interests of the livestock industry in international livestock quarantine sta­ siek commented that he had found it re­ helping to find ways to import breeding tion, We have been pursuing this goal freshing to work with a person who has stock safely into the United States to together since 1968 when it became ap­ Dr. Anderson's "enviable ability to cut improve breeds of animals without en­ parent that to import new livestock through the superfluous and reach the dangering the country through the in­ breeds into the country without exposing nub of the problem so incisively:' troduction of foreign diseases. American livestock to new foreign During the past few years of his ca­ Dr. Anderson received his doctorate in diseases such a station was essential. reer, Dr. Anderson has taken a leading veterinary medicine from Texas A. & M. During the past session of the Senate, I part In coordinating Federal efforts to University, College Station, Tex., in 1935. introduced a bill, S. 2306, to authorize the assure the safe and effective use of pesti­ He was employed by USDA that same Secretary of Agriculture to establish a cides. He has also served as Chairman of year and continued his work in the De­ quarantine station. That bill has now the USDA Food Safety Work Group, re­ partment, with the exception of military been passed by both Houses of the Con­ sponsible for evaluating problems relat­ service from 1941 to 1946, until his re­ gress and is awaiting only agreement of ing to food contamination from such tirement today. He is returning now to the Senate on one technical amendment sources as: microorganisms, inclUding his native State to make his home in made by the House. bacteria, viruses, and mycotoxins; drugs, Marshall, Tex. Let the record show that Dr. Ander­ chemicals and antibiotics; and other en­ Mr. President, there is no question but son deserves the highest praise for his vironmental contamination from agricul­ that Dr. Anderson has earned and well foresight and imagination, as well as his tural sources. deserves the rest and recreation that he Intimate knowledge of American live­ Highlights of his accorr..pllshments in desires. We hope, however, that because stock, in developing this idea, and full­ eradicating pests and diseases are as of his great interest in agriculture and est credit for his perseverance and states­ follows: livestock that his sound judgment and manship in bringing the idea to fruition. Under Dr. Anderson's direction, for the great knowledge will be available to ad­ Regrettably, Dr. Anderson is retiring first time man-reared insects, sterilized vi3e those interested in American live­ today, April 1, 1970. by atomic radiation, were released to stock. Nevertheless. he will unquestion­ He is completing 35 years of dedicated eradicate insect populations by the re­ ably be missed in Washington by those service in the Federal Government, dur­ sulting failure of natural reproduction. of us who have known him and his work. ing Which he has demonstrated unusual In cooperation with the states involved, skill in administering programs devised Dr. Anderson administered the program to increase the efficiency of agriculture that eradicated screw-worms from the FARM PROGRAM PROPOSALS by controlling or eradicating agricultural Southwest and suppressed screw-worm l\:tr. HARRIS. Mr. President, on Mon­ pests and diseases. At the same time, he populations in the Southwest. Prior to day of last week the Secretary of Agri­ has vigorously stressed the importance this program, screw-worms had been culture, Mr. Hardin, testified before the of using pest control methods that create costing Amelican livestock producers an Senate Agriculture Committee on new the least possible hazard to man and his estimated 100 million a year. farm program proposals. At that time he environment. Dr. Anderson has provided leadel'ship presented to the committee the adminis­ Through his efforts to promote the pro­ for the cooperative Federal-State hog tration's so-called set-aside proposal, ductiveness and safety of American agri­ cholera eradication program instigated and openly rejected for the first time the culture, Dr, Anderson has contributed in 1962. Incidence of the disease has "coalition farm bill" which has the sup­ significantly to the well-being 0" millions been greatly reduced, and the goal for port of 32 major farm groups. of farmers and consumers in this Nation eradication is set for 1972. Dr. Ander­ Mr. Tony Dechant, president of the and in many other countries throughout son has been Chairman of the Secretary's National Farmers Union had the follow­ the world. National Hog Cholera Eradication Ad­ ing comments on the Secretary's testi­ Dr. Anderson's greatest contl'ibution visory Committee since its formation in mony: through the Department of Agriculture 1962. In this position he has been one of The Nixon Administration's proposalS to has been the steadiness of his leadership the principal directors of the eradication lower price support loan rates and weaken in meeting the complex requirements of program. supply management under a so-called "set­ changing times. He has displayed sound Dr. Anderson directed the successful aside" plan, add up to only one thing, and judgment in times of stress. He has es­ campaign against vesicular exanthema, that is lower farm income. We object. Farm­ tablished and maintained understanding a serious disease of swine. The disease ers desperately need higher income. This Is and cooperation among the farfiung or­ reached epidemic proportions in 1952 no time to cut farm Income. ganization of field persOlmel operating with a million hogs infected or exposed in I agree with Mr. Dechant. This is no regulatory programs, as well ~ repre­ 43 States. Thedisease was eradicated and time to be considering farm programs sentatives of agriculture, industry, and no case has been reported since August which would have the effect of lowering the general public. 1959. already depressed farm prices. Farmers His outstanding accomplishments and Dr. Anderson played a major role in are caught in a worsening cost-price leadership qualities are recognized as the administration of the foot-and- squeeze, and '\\ithout the adoption of the