January 28, 1969 EXTENSIONS OF REMARKS 2015 H.R. 5148. A bill for the relief of Stefania By Mr. WRIGHT: By Mr. YATES: Chaber; to the Committee on the Judiciary. H.R. 5157. A b111 for the relief of Sister H.R. 5165. A blll for the relief of Jakob H.R. 5149. A bill for the relief of Italia Elisa (Antoniet ta Frongia) and Sister Maria Karl Blumer and his wife, Brigitte Blumer; Fonzone; to the Committee on the Judiciary. Claudin a (Luciana Cancedda); to the Com­ to the Committee on the Judiciary. H.R. 5150. A bill for the relief of Ilona mit tee on t he Judiciary. H.R. 5166. A bill for the relief of Amnon Galambos; to the Committee on the Judi­ H.R. 5158. A blll for the relief of Irini Feldman; to the Committee on the Judiciary. ciary. Chalmoukis; to the Committee on the Ju­ H.R. 5'167. A bill for the relief of Vito Por­ H.R. 5151. A bill for the relief of Christine diciary. tuesl and his sister, Maria Miceli and her (Krystyna) Gorayska; to the Committee on H.R. 5159. A bill for the relief of Precioso husband, Giacomo Miceli; to the Committee the Judiciary. Abayan Gabr1llo, Jr., and his wife, Erlinda on the Judiciary. H .R. 5152. A bill for the relief of James Ignacio Gabrillo; to the Gommittee on the Vincent, Eugenia, Serafina, Rocco Fernando, Judiciary. and Nicola Mella; to the Committee on the Judiciary. H.R. 5160. A bill for the relief of Epa A. PETITIONS, ETC. H.R. 5153. A b111 for the relief of Gloria Onate; to t he Committee on the Judiciary. Molina Tan; to the Committee on the Judi­ H.R. 5161. A b111 for the relief of Bernward Under clause 1 of rule XXII, petitions ciary. Karl Paulke and Wlnfrled Paulke; to the and papers were laid o:i the Clerk's desk H.R. 5154. A bill for the relief of Veto, Gio­ Committee on the Judiciary. and referred as follows: H.R. 5162. A bill for the relief of Kami­ vanna, and Maria Tarantino; to the Commit­ 40. By the SPEAKER: Petition of Edmund tee on the Judiciary. setty Ramamohan Rao, his wife, K. Karuma. Rao, and their children, K. Ra.mesh Rao and A. Langr, Laurel, Md., et al., relative to taxa­ By Mr. WHALLEY: tion of citizens for public education; to the H.R. 5155. A blll for the relief of Rudolph K. Saslrekha. Rao; to the Committee on the Wolfgang Scheufgen; to the Committee on Judiciary. Committee on Education and Labor. the Judiciary. H.R. 5163. A bill for the relief of Morad 41. Also, petition of Louis Kushner, Mon­ H.R. 5156. A b111 for the relief of Werner R ashti; to the Committee on the Judiciary. ticello, N.Y., relative to election to the Presi­ Max Wehnemann; to the Committee on the H.R. 5164. A bill for the relief of Sa.mir dent of the United States; to the Committee Judiciary. T arsha; to the Committee on the Judiciary. on the Judiciary.

EXTENSIONS OF REMARKS BAIL REFORM NEEDED Since his record of appearing in court return to court In 90 days for a review of his when required was good, he was again re­ conduct. leased pending trial. The 17-year-old was driving the car the HON. TIM LEE CARTER Less than two weeks after that, he was police chased from the bank. A 16-year-old OF KENTUCKY charged with the rape for which he was sen­ companion was found In the trunk. He has tenced yesterday, an attack on a teen-age not yet appeared In Juvenile Court. IN THE HOUSE OF REPRESENTATIVES mother whom he dragged into the incinera­ Police said they also found three loaded Tuesday, January 28, 1969 tor room of her apartment house as she was guns and $818 In cash in the car. Det. Sgt. preparing to leave for night school. Harry Noone of the Robbery Squad said he Mr. CARTER. Mr. Speaker, a recent Duckett's story, Judge Sirica said, "is a believes that three youths were involved. He -article by Thomas W. Lippman of the classic example of ineffective legislation." said the officers chasing the car saw It stop Washington Post shows a classic example He said it "illustrates the pressing need tor once and let out a teen-ager who got into of the need to tighten the Bail Reform reform and revision" of the Bail Reform Act another car and drove off in a different Act. The man accused of rape was sen­ to permit judges to take into consideration direction. tenced to a prison term of 10 to 30 years. danger to the community when setting con­ The disposition of the 17-year-old's case ditions for pretrial release of suspects. was not known until yesterday. Judge Faunt­ Prior to his conviction for rape, he had Under existing law, judges are required leroy could not be reached for comment. been arrestee! for various other crimes, to grant a suspect's release unless they including auto theft, housebreaking, car­ strongly believe that he wlll not appear In It seems to me that an attempt should nal knowledge, housebreaking a second court when required. r.evisions of the act be made to rehabilitate this young man. time, and petty larceny-and he was re­ to permit "preventive detention" are under leased on these several charges on his consideration in Congress. personal bond. Finally, he committed Supporters of the Bau Reform Act say such a revolting crime that he was at last that the real solution is not preventive de­ ANTI-SEMITISM IN POLAND tention, which they consider unconstitu­ ~entenced to prison for a term of 10 to tional, but speedier trials. They would point 30 years. to the long period that Duckett was free on HON. JACOB K. JAVITS The folly of releasing a habitual crim­ personal bond while awaiting trial as an in­ OF NEW YORK inal on his own bond or on probation is ducement to additional acts of violence. exemplified in the article which I in­ IN THE SENATE OF THE UNITED STATES elude at this point in the RECORD: The unrealistic manner in which an Tuesday, January 28, 1969 armed robber was released on probation JUDGE GIVES RAPIST 10-30 YEARS is shown in a second article from the Mr. JAVITS. Mr. President, the winds (By Thomas W. Lippman) Washington Post by Alfred E. Lewis, also of dissent coursing through Communist In a case he called a "classic example" of a Post staff writer. Eastern Europe, where the youth are the need to tighten the Bail Reform Act, a Armed robbery in many States is a raising questions about justice and in­ judge yesterday sentenced a convicted rapist dividual freedom, have brought a chill to a prison term of 10 to 30 years. capital offense and carries with it a pen­ Judge John J . Sirtca of U.S. District Court alty of life in the penitentiary, or death. counterblast of anti-Semitism in Poland. s aid the crime committed by Philip E. Duck­ In this particular case, a 17-year-old high This reaction to popular demands for -ett, 23, was "particularly vicious." But he school senior who confessed robbery of a freedom is sadly reminiscent of the tac­ reserved his strongest words for the legal bank has been set free on probation. tics of czarist times when the Imperial system that allowed Duckett to be free to YOUTH GETS PROBATION IN HOLDUP Russian Government blamed the Jews ,commit the crime in the first place. for its woes. Fortunately, to its great His remarks, which he prepared in advance, (By Alfred E. Lewis) credit the Catholic Church, which still were made part of the record in Duckett's A 17-year-old high school senior who con­ has considerable influence with many -case. fessed to the armed robbery of a bank here On May 27, 1966, Judge Sirica said, "this t wo weeks ago has been set free on probation Poles, has opposed this campaign. defendant was placed on probation" after by the Juvenile Court. Of the once thriving Jewish commu­ pleading guilty to a charge of auto theft, a The Eastern High School student, who has nity of 3.5 million who lived in Poland felony. no previous police record, was arrested J an. before World War II, only a pitiful While he was still on probation, he was 7 following a high-speed chase away from the remnant of between 20,000 and 25,000 .arrested on Aug. 24, 1966, on two other felony $2438 holdup of Public National Bank, 7838 souls--less than 1 percent of Poland's -charges-housebreaking and carnal knowl­ Eastern ave. population-remain to be buffeted by this edge. He was released on personal bond to Ten days later, the youth admitted taking government-encouraged anti-Semitism. await his trial. His probation was not revoked. part in the robbery at a hearing before The following April, still on probation and Juvenile Court Judge John Fauntleroy. The New York Times of December 30, still awaiting trial on the later charges, he Fauntleroy suspended an indefinite commit­ 1968, contained an excellent analysis of was picked up again, this time for house­ ment to Welfare Depar tment custody and put the status of Poland's Jewish population. breaking and petty larceny. the youth on probation, with an order to I ask unanimous consent that it be 2016 EXTENSIONS OF REMARKS January 28, 1969 printed in the RECORD at the conclusion Jews had beaten "their" Arabs. There was a. ousting of all "Zionists" from all important of my remarks. I also ask unanimous con­ widespread feeling of a. vicarious Polish vic­ posts. sent to have printed in the RECORD the tory because many Israells were of Polish In late June, the first campaign subsided stock, over the Soviet Union, which armed publicly, apparently because of foreign re­ petition presented to the U.N. Human the Arabs. action that Included Sweden's cancellation ot Rights Commission, adopted at the Perhaps unwittingly, Mr. Gomulka's speech Premier Josef Cyranklewicz's scheduled offi­ Chanuka Lights of Freedom Rally spon­ set in motion events that boomeranged less cial visit. sored by the Student Struggle for Soviet than a year later when his rivals almost In July Zenon Kllszko, Mr. Gomulka's as­ Jewry on December 22, 1968, at which I toppled him from power. sociate, came close to an official admission had the honor to speak. This petition sets Na.tlonwlde student unrest over dlmlnlsh­ that the campaign had turned Into an anti­ forth in explicit terms a request for jus­ lng cultural and democratic freedoms served Semitic witch hunt. as a. pretext for unleashing a. carefully pre­ He complained to the Communist party's tice for Poland's Jews and merits pared "anti-Zionist" campaign 1n March. sympathetic consideration by the United Central Committee that "the Jew and the WEAPON IN POWER STRUGGLE Zionist are being made Identical." Nations. At the committee meeting, Stefan Zolklew­ There being no objection, the material In turn, that campaign became a major skl, a professor dismissed from his Academy was ordered to be printed in the RECORD, weapon In an a.ntl-Gomulka. power struggle of Sciences post, warned that the purges had as follows: launched by Maj. Gen. Mleczysla.w Moczar, "thrown back Polish science and arts by 20 then Interior Minister and his na.tlona.llst years." LEAVING OR STAYING, THE JEWS OF POLAND followers. Wilhelm Bllllg, a Jew and an alternate F'nro THE ROAD HARD Within 48 hours of the first disturbance at member of the Central Committee who had (By Jona.than Randal) Warsaw University, which many Poles are been ousted as director of the atomic energy WARSAW.-"11 I leave I'm a. traitor," a. convinced was a provocation organized by program, said the purge victims, "wrongly Polish Jew said recently, "and if I stay I'm General Moczar, mainly Jewish students and deprived of their posts," would be hard to a Zionist." professors were pinpointed as the ringleaders replace. The remark epitomizes the dilemma. of by newspapers favoring the minister's llne. The July meeting of t he Central Commit­ ls Jews who have remained in Poland 1n this Much of the "evidence," lt said, was care­ tee was the first and last occasion given to year of burgeoning anti-Semitism. They have fully prepared by the so-called Jewish Sec­ purge victims to express t heir dissent In been subjected to economic hardship, sus­ tion of the Interior Ministry. publlc. The party had already written off the picion and harassment. Large numbers have In subsequent days and weeks, "Zionists," Jews Inside and outside Its ranks. The purges chosen, with official encouragement, to leave. "revisionists" and discredited Stallnlsts­ continued without publicity for a time. most of whom turned out to be Jews--were The exodus Itself Is an offlc1a.lly unchron­ held responsible for the student disorders INVASION REVIVED CAMPAXGN icled event, 1n contrast with the outspoken and purged from the party and their Jobs. Then, with the Invasion of Czechoslovakia. propaganda. of the regime's "a.ntl-Zlonlst" Among the hundreds of officially an­ ln August, the publlc anti-Zionist campaign campaign, as the current anti-Semitism ls nounced Jewish victims were more than a in Poland was revived and even the optimists euphemistically called here. dozen Jews of deputy mlnlsterlal rank, Cen­ began applying for emigration papers. CITIZENSHIP IS RENOUNCED tral Committee members, prominent officials The awakening was particularly unpleas­ The departing Jews become unpersons, purged because of their grown children's al­ ant for those Jews who had spent their adult. obliged to renounce Pollsh citizenship and leged misbehavior and wives and husbands lives ln "the movement," as they refer to the country they considered home. purged because of their spouses' purported the Communlsty party. Only the Polish Ministry of Interior and misconduct. "Twenty yea.rs wasted," lamented one purged official who berated himself for not. Jewish welfare agencies ln Vienna. know ex­ THOUSANDS BELIEVED OUSTED actly how many Jews left Poland this year. having left In two previous waves of emi­ No meaningful statistics have yet been gration-Immediately after the war and fol­ Neither has any desire to divulge the published, but it Is generally belleved that statistics. lowing the llbera.l upheaval 1n 1966. thousands of top and middle-level Jews, The 1968 emigrants range from unskllled The regime apparently fears further ad­ party members and non-Communists, were verse publlc1ty a.broad. The welfare agencies workers, tailors and electricians to university among those dismissed. professors, scientists, party bureaucrats and, believes any publlclty at all may bring pres­ Jews had long held lnfiuence 1n the party sures to bear on the Pollsh Government to Inevitably, members of the secret police. disproportionate to their numbers in the "When others were being persecuted In end the emigration. Such has been the case population. Many joined the party 1n reac­ in the pa.st In other Soviet Bloc countries. Poland Important Jewish party members kept. tion against the natlona.llstlc, and often antl­ quiet," an emigre remarked, "and now thou­ Nonetheless, on the be.sis of extensive In­ Semitlc, Pollsh Governments of the period terviews in Poland and Western Europe lt sands of Jews a.re paying the blll for a few between the two World Wars. rott en individuals." appears almost certain that more than 3,600 The party 1n that period took its direction of Poland's 25,000 Jews have left this year. from Moscow, and it was to the Soviet Union So far-reaching h ave been the purges that. Some estimates suggest that up to 7,000 that many Jewish Communists fled to avoid for the first time since the communists took have emigrated. power a generation ago no Jew ls a member extermin ation at the hands of the Nazis. of the ruling Politburo. "Politically, the most Jews now number less than a. tenth of 1 They returned to their homeland-a domi­ Important Jews are t wo men in the Central per cent of Poland's population. By the end nant force among the Polish Communists Committee and Gomulka's wife," an emlgre of 1969 fewer than 10,000 a.re expected to who survived the war-with the liberating commented. remain as a. fa.ding reminder of the com­ Soviet Army. munity that before the Nazi holocaust num­ "Stalin used the Jews because he had no Dismissal from any Job in a Communist bered 3.5 m1lllon. Society, where the state ls the only signifi­ other choice-there were practically no other cant employer, has made it difficult for The majority of those remaining probably trained Communists 1n Poland In 1944," a will be the sick and aged, waiting to die. Jewish emigre has remarked. In the eyes of purged Jews to find suitable new jobs. But some Jews will stay because they have Pollsh n a. tlonallsts these Jewish Communists Typical of those who Initially did not want. not been discriminated against persona.Uy or were as suspect of undue subservience to t o emigrate was a manager of an Import­ because they a.re afraid to start their lives Moscow in 1968 as they had been 1n 1938. export organization who, after his ouster, re­ a.gain in a. foreign land. This spring, anti-Semitism became clever fused a job as a streetcar conductor. "Be­ sides," he said, "I'm too fat." "There's an old Joke,'' a. PollBh emigre re­ politics, especle.Ily for General Moczar's na­ called recently, "that If everyone were al­ t lonallsts determined to use the weapon to Unwllllng or unable to stem the "anti­ lowed to leave Poland only a. few thousand ellmlnate the entrenched pro-Gomulka bu­ Zionist" campaign, the regime has fa.lien undecided Jews would remain." reaucracy. back on a hallowed pre-World War Il tra.di­ At times, the officially maintained distinc­ tlon-mlgratlon. GOMULKA PROVIDED EXCUSE tion between disapproved anti-Semitism and "There's an old saying,'' a Jew recalled, Rarely ln Its long history In Eastern Eu­ approved "anti-Zionism" became blurred. "which maintains that cutting off the head ls rope has indigenous anti-Semitism been so Television news programs, for example, the best way to stop a headache." blatantly well-organized as in Poland this showed placards at a factory meeting de­ Among the emigrants are Ida. Kaminska, year. Somewhat ironically, the excuse for the nouncing "Zionists" and "mosiek," an abu­ director of the Jewish Theater, who now ls la.test wave was provided Ia.st year by Wladys­ sive word equivalent to "klke." in the United States and dozens of Intellec­ Ia.w Gomulka., the Pollsh Communist leader. His authority challenged under the cloak tual and cultural figures once the pride of Mr. Gomulka., whose wife ls Jewish, de­ of anti-Zionism, Mr. Gomulka fought back. the regime. nounced ant i-Semitism soon after gaining In a speech 10 days after the student dis­ But as a disappointed emigre put it: "The power 1n 1956. But 1n a. speech shortly after orders began he said: "It would be a mis­ big loss for Poland wlll not be the big names. t he Arab-Israell war ln June, 1967, he con­ understanding lf we saw 1n Zionism a danger but the unknown technocrats and research demned pro-Israell "11.fth columnists" in for socialism in Poland, for the country's people who were working quietly on worth­ Poland and said Zionists were free to leave social-political system." while projects." for Israel. But his plea for moderation was ignored. A young teacher emigrated after she had His ire apparently stemmed from the 111- Party cells in various ministries and state en­ been dismissed for allegedly teaching her concea.led dellght of many Poles that "our" terprises outdid each other in ce.Illng for the students Hebrew lullabies. "It's ridiculous," January 28, 1969 EXTENSIONS OF REMARKS 2017 she said. "I don't know 10 words In Yiddish, JUST WAITING FOR A WHILE We protest most strongly against this much less any Hebrew." Theoretically barred from immigrating to political exploitation of antl-semit!sm by the Polish authorities. SWASTIKAS ON DOORS the United States, these party members, how­ ever; are reported to be benefiting from a RABBI STEVEN RISKIN, Some emigrants were harassed Into leav­ tolerant interpretation of the tmmlgrat!on Lincoln Square Synagogue, Chairman, ing by swastikas painted on their doors or "Lights of F r eedom" Rally. Insulting anonymous telephone calls. Some laws making an exception for victims of political persecution. JACOB BIRNBAUM, Jewish students emigrated after their Many Jewish em!gres prefer to believe, as Nati onal Coordinator. scholarships were canceled last fall. one young man put lt, that "we are not GLENN RICHTER, Emigrating young university graduates gone for good but are just waiting outside New York Coordinator. must reimburse the state tor the cost of for a wh!le." their higher education which often ls more In the meantime, the emigrants are head­ than a year's average salary. ing ln roughly equal numbers to Israel and Once the decision to emigrate has been Western countries as geographically dis­ DAIRY IMPORT ACT OF 1969 made, the formalities are relatively simple, persed as Sweden, Australia, the United although many deporting Jews find them Stat es and Venezuela. humlllatlng. The exodus has given rise to sentiments HON. JOHN M. ZWACH All departing Jews apply to the Dutch Em­ In Poland ranging from indifference and OF MINNESOTA bassy, which has handled Israeli Interests shame to a boast by a provinclal party sec­ since Polish-Israeli diplomatic relations were retary that "lf there were no Jews, I would IN THE HOUSE OF REPRESENTATIVES broken In June, 1967. invent them." Tuesday, January 28, 1969 Whether or not the prospective emigrants "Don't worry," a bitter young Jewish are headed for Israel, the Dutch Issue a woman said, "when we are all gone they wlll Mr. ZWACH. Mr. Speaker, I have pe­ document guaranteeing the bearer entry to start blaming Poland's problems on the riodically commented on the sad plight Israel and travel costs as far as Vienna. bald." of American farmers over the past sev­ The document ls then fl.led with the In­ And so, every day before the Chopin Ex­ eral years. I have indicated the economic terior Ministry. After the applicant has press leaves Warsaw at 7:10 P.M., small crisis in which most farmers find them­ formally renounced Polish citizenship a spe­ groups of Polish friends escort departing selves by inserting in the CONGRESSIONAL cial travel document ls issued, usually Jews to the uncovered tracks of the Gdansk within a month. Emigrants are then given a Station. RECORD the present parity indices of sev­ month to wind up their affairs and put their A LINE FROM SANTAYANA eral agricultural commodities. In all apartments ln perfect order before returning Watching the scene recently, a Pole quoted cases, these levels are far below the goals them to the state. What galls many depart­ a line from George Santayana-"Those who which Congress has sought to achieve ing Jews ls that by being forced to abandon fall to understand the lesson of history are through much of the agricultural legis­ their Polish citizenship, they can never re­ condemned to repeat !ts errors"-and added: lation which has been enacted over the turn to Poland, the procedure, they feel, "Strange to recall that line, but I suppose past 40 years. helps support the party's charges that their lt was ago." In the case of milk and dairy prod­ emigration to Israel proves that they had He was alluding to the short walk separat­ been unloyal "Zionists" all along. ing the station from the site of the former ucts, one of the prime factors responsible Warsaw Ghetto, razed by the Germans a for the failure of farm prices to reach VALUABLES HEAVILY TAXED full parity, is the overwhelming quanti­ Customs regulations allow the emigrants quarter of a century old. to take small amounts of most household No one suggests a parallel In enormity ties of imports of dairy products which items with them, including three carpets for between the current outftow of Jews to other continues to flood our shores. Largely, each family and automob!les 11 they are at countries and the forced departures that these imports represent evasions of ex­ least a year old. Jewelry, s!lverware, precious occurred during the Nazi occupation In isting quotas established under section World War II, when death camps were the stones and stamp collections are heav!ly final destination. The parallel exists only In 22 of the Agricultural Adjustment Act. taxed above the small duty-free allowance. the reason-anti-Semitism-that the Jews In an attempt to provide some relief to Moreover, Jewish emlgres complain that are leaving. American dairy farmers, action is taken bountiful bribes were necessary to have cus­ A diplomat who recently saw a colleague under section 22 to place limits on spe­ toms agents inspect their unaccompanied off at the station recounted overhearing a cific products. Unfortunately, importers luggage. "We had to leave before the 21st conversation between a couple whose young have traditionally found loopholes in the when the travel document expired," recalled daughter stood a short distance away. "Tell one man, "and until we came across with limits that have been set. Furthermore, her after a month," the man said before a substantial portion of the imports that money we were told lt would be impossible kissing his wife and boarding the t rain. to pass through customs unt!l the 27th." are brought into the United States are Customs Inspection tends to be rlgld. A TEXT OF PETITION PRESENTED TO U.N. HUMAN heavily subsidized by the exporting coun­ well-known Jewish professor had the bind­ RIGHTS COMMISSION; CHANUKAH "LIGHTS try. Such tactics have resulted in record ings and sides of his books slashed open by OF FREEDOM" RALLY; DECEMBER 22, 1968; imports of dairy products since 1965. customs officials searching for hidden dol­ SPONSORED BY THE STUDENT STRUGGLE F OR In 1965, for example, 0.9 billion pounds lars. Another em!gre recalled, "the customs SOVIET JEWRY of milk equivalent was imported. This people put every plate up to the light to make UTHANT, sure they didn't have hollow compartments." compares with 2.7 billion pounds in 1966; Uni ted Nations, N.Y. 2.9 billion pounds in 1967; and 1.9 billion MARRIAGES ARE AFFECTED DEAR MR. THANT: On this Sunday, Decem­ ber 22nd, which ls both the cUmax of Human pounds in 1968. It is estimated that the The anti-Zionist campaign has been espe­ new quotas will permit imports in the cially difficult !or mixed marriages between Rights Year and the Jewish festival of Jews and Roman Catholics. A Polish doctor Chanukah, the Feast of Lights, this protest amount of 1.4 billion pounds of milk came home one evening, according to reliable rally held at the United Nations, in the equivalent in 1969. It is obvious that more sources, and ordered his Jewish wife to emi­ presence of distinguished legislators, Sen­ effective controls of dairy imports are grate with the ch!ldren, compla1nlng that ators Jacob K. Jav!ts and Charles E. Goodell indispensable to the welfare of American he had been threatened with loss of his job and others, DEMANDS: dairy farmers and to the general public. because of her. 1.-Immediate cessation of the current trials of Polish students-mostly Jewish­ More effective import controls are neces­ In a different vein, emigres report that in arrested and held since March 1968, and sary so that dairy farmers will have an recent months Polish officials have not al­ their Immediate release from imprisonment. opportunity to achieve parity prices. lowed the non-Jewish spouse of mixed mar­ 2.-Reinstatement and compensation for More effective import controls are also riages to leave unless the marriage ls at least those large numbers of Polish Jews dis­ necessary to assure the general public an one year old. missed from their jobs, evicted from their Many emigrants with no special sk!lls or apartments, and subjected to systematic so­ adequate supply of milk and dairy prod­ relatives In the United States or other coun­ cial harassment. ucts. Such a supply is necessary to meet tries end up by going to Israel where all 3.-Cessatlon of the absurd accusation the growing needs of our growing popula­ Jews are welcome. against Polish Jews• Involvement In a "Zion­ tion and our Federal programs, both do­ Em!gres seeking entry to the United States ist conspiracy" to subvert Poland. mestic and foreign. Because the proce­ and other non-European countries are sent 4.-D!ssolutlon of the so-called "Jewish dure under section 22 of the Agricultural to Rome to avoid embarrassing the neutral­ desk" In the M1nl.stry of Interior, whose func­ Adjustment Act is so slow and cumber­ ity and hospitality of the Austrian Govern­ tion It Is to produce anti-Jewish propaganda some, evasion of these section 22 quotas ment. There, two or more months may elapse and to seek out Jewish ancestry of high gov­ before their documents are processed, even ernment officials. has actually been rewarded by our Gov­ more l! an applicant for the United States 5.-Em!gration of those Jews who seek to ernment. Products \Vhich have evaded ex­ has been an active Communist party leave, without harassment of person or isting quotas have been allowed to estab­ member. property. lish an import history and, when they are 2018 EXTENSIONS OF REMARKS January 28, 1969 finally brought under control, such prod­ A new definition of the air traveler has llne, and on the freeways, may soon yield the ucts that have been given quotas thereby emerged from the congestion and chaos of same diagnosis. Mr. Boyd read his Cleveland adding to the overall import explosion. 1968: He ls a. man who spends 60 per cent audience a passenger's letter to the editor of What is needed, therefore, is perma­ of his time in traffic jams on the ground and The New Yor k Ti m es that reveals some early nent legislation which will stop the eva­ 40 per cent in traffic Jams in the a.1r (and symptoms: sometimes goes to Havana.) . If that seems "Upon my la.st arrival a.t Kennedy Interna­ sion of section 22 quotas once and for all. an exaggeration now, it may not be by the tional Airport, I could not even get a. cab. The To this end, I am today introducing the end of 1969. terminal was chaos and pandemonium. Push­ Dairy Import Act. The Dairy Import Act For a. time last year it appeared that ing, shoving and yelllng. Cabs and private is a fair and realistic proposal which will help--ln the form of federal airport and cars were intermingled, weaving in and out serve to set an overall limit on the airways legislation-was on the way. But in complete confusion. People were grabbing amounts of butterfat, nonfat milk solids, help got lost (in traffic, naturally). Conten­ door handles trying to get a. cab ... cursing tion among the various segments of avia­ at the same time . . .. " casein or caseinates, in any form, which tion and between the Congress and the may be admitted for consumption to the Any Fun City visitor knows that New Executive branch stalled the proposed laws, York's Kennedy Is the extreme example. It is average level which was imported in the and they expired in the manner of a. gas­ the bottleneck extra.ordina.lre in the national 5 calendar years, 1961 to 1965. starved a.utomob!le on a freeway. It is the and international air network. But as Mr. Mr. Speaker, I am hopeful that the same all over. Boyd's examples of Chica.go, Los Angeles, and Dairy Import Act will receive favorable "The problem of sufficient airport access Mia.mi demonstrate, New York is not a.lone. consideration this year. The Johnson­ capacity ls plaguing every major airport in Traffic is worst a.t the twenty-two major the world," Alan S. Boyd told a. Cleveland "hub" airports. But that is llke saying auto­ Freeman administration opposed this audience in mid-November. Mr. Boyd has legislation with the result that millions mobile traffic jams are only at the inter­ just become a somewhat relieved la.me-duck sections. of dollars of unnecessary costs were Secretary of Transportation. He was there added to the dairy price support program, to praise the city's "wisdom and foresight" For te.n full yea.rs the New York area has hundreds of dairy farmers were driven in opening a. rapid transit ra.11 llne to its been warned that it must build a. fourth airport. And he was unable to hide his jetport or face a.Ir traffic strangulation. Ex­ out of business, and prices to dairy farm­ perts pick sites and the residents reject them; ers were not permitted to approach parity Incredulity that Cleveland, In the snarled and tangled latter Sixties, was "the first--and or local boosters propose sites and the experts levels. I am hopeful that the new admin­ to date the only-city to provide a. direct reject them. It takes seven to ten years to get istration will recognize the urgent need rapid transit line for its airport travelers." an airport built after everyone agrees on for this legislation and lend this support. The Department of Transportation pro­ where it will go. Yet a. Port of New York Au­ vided two-thirds of the $18.6-m1111on cost thority official says the New York situation "is of the Cleveland project. Twenty stainless stlll nowhere." And Dr. Richard R. Shaw, steel "Airporter" ca.rs make the eleven-mlle assistant technical director of the Interna­ AIR TRAVEL IN THE UNITED STATES run from downtown Union Terminal to the tional Air Transport Association, says, "un­ Cleveland-Hopkins Airport in a. scheduled less something else is done, airlines will leave twenty minutes, though it sometimes takes New York, the world's biggest airport head­ thirty. Pairs of the electrically driven, red ache, and go to Boston, Washington, Balti­ HON. JAMES B. PEARSON more, or anywhere else." OF KANSAS and silver ca.rs carry eighty passengers at 35 cents a. seat. Through the first month Dallas and Fort Worth had their troubles IN THE SENATE OF THE UNITED STATES the project appeared successful, despite too, but finally buried the hatchet in mld­ Tuesday, January 28, 1969 some Imperfections. Now New York and Bos­ December and broke ground for the world's ton are planning similar systems. largest airport, an 18,000-acre layout with a. Mr. PEARSON. Mr. President, the Jan­ "The line of ca.rs waiting to get to Chi­ six-lane highway cutting the center. The uary 4, 1969, issue of the Saturday Re­ cago's O'Hare Airport stretched five miles $500-mllllon airport Is to be three times the view concentrates its efforts on outlin­ In last yea.r's pre-Thanksgiving rush," Mr. size of Kennedy. Said Boyd, of the highway ing travel, its problems and promises in Boyd told the Cleveland city fathers. "Los plan: '•Such an idea. would--0nly a. few yea.rs the United States. One article which in­ Angeles International Airport had to go on ago--ha.ve qualified a. man for residence in an terested me most was by Evert Clark and the air every hour prior to la.st Christmas asylum. Yet most major airports today would to warn of the parking space shortage. Air be tremendously improved by such service was entitled "Stack-ups, Breakdowns, traffic controllers, trying to get to work at roads." Hang-ups, and Hope." The article de­ Miami International, were stalled in line Chicago Is planning a third major airport, scribes the conditions which exist in our for two and a ha.If hour&--trying to get from in Lake Michigan. Los Angeles, in better present national airport/ airway system the entrance of the airport to the terminal." shape than most, nevertheless plans another and focuses attention upon the conflicts The uncharitable view would be that the superfleld. And Miami has driven the alU­ which present major obstacles to solving controllers deserved it. As the traffic cops of gators, wild turkeys, and deer from a. 38- these air transportation problems. Mr. the air, they constantly delay people aloft square-mile tract 40 miles west of town to Clark provides insight into these obsta­ and on the airport taxiways. By now, every­ bulld a.n airline tra.ining base that may be­ one knows the controller. He is the come a. commercial field twice the slze of cles through his discussion of the roles beleaguered civil servant whose job It Kennedy International. Now, Miami is worry­ which officials in industry and govern­ is to keep 'em flying--0r keep 'em grounded ing about rapid transit through the interven­ ment must play to meet the needs of a unt!l there is room to fly 'em safely. It was ing Everglades. other cities-Houston, Kansas modern air transportation system. through the pllght of the overworked con­ City, etc.-a.re copying. But they will be lucky I feel, also, that the article presents a troller that the growing congestion crisis if the traffic does not grow faster than the persuasive argument for the necessity of was first dramatized to the public in grass between the runways. better aviation planning and more inputs the spring of 1967. Since then, his Until the mid-1960's, the airways-airport into the decision processes in aviation llfe has been eased a. bit by better pay system was, like a. newly recruited controller, and overtime and the hiring of many new an unusually healthy specimen. Alarm over policymaking. These arguments would, hands. But he has also been told to expect mid-air collisions in the late 1950's had I think, lend support to a bill I intro­ the six-day week for perhaps another two brought some airways modernization. The duced last Friday, a bill that would cre­ years, until the new controllers a.re fully jets, introduced in 1958, had not yet produced ate a National Aviation Planning Com­ t rained. the expected traffic boom. Most airports had mission. With public attention drawn to To land a job, the air controller must pass room for the planes, room for the automo­ the failings of current air transportation rigorous physical and psychological examina­ biles, room for the people. planning at the Federal level, a greater tions. But what happens to him after a. few "As a result," David D. Thomas, acting understanding of the problem can be years a.t the radar scope and the earphones? federal aviation administrator, recalled, achieved, and the need for positive ac­ James Hlll, counsel of the Air Traffic Control "there was a. period of general procrastina­ Association (one of the three groups vying tion within the total aviation world in de­ tion will be recognized. for cont rollers' dues and loyalties) , told the veloping and Initiating the airports, naviga­ I ask unanimous consent that the ar­ Republican Platform Committee last summer tion a.Ids, air traffic faclllties, and commun i­ ticle be printed in the RECORD. that medical research shows that "con­ cations required by a. jet market. People There being no objection, the article trollers" as a result of undue pressure and were simply too busy with today to prepare was ordered to be printed in the RECORD, tensions, suffer irrita.blllty, inab111ty to for tomorrow." as follows: sleep, nervousness, tremors, cramps, head­ The aviation world is no longer in a. dally­ aches and nausea., and that with time, as with STACK-UPS, BREAKDOWNS, HANG-UPS, AND ing mood. It is frantic. But it is also as frac­ any tension or pressure when it is not re­ tious as ever--especla.lly when it is asked to HOPE lleved, It degenerates into the three usual spend some money. In the legislative battles (By Evert Clark) products of unrelieved pressure and tension­ of 1968, the a.irllnes and airport operators can the aviation world, waking up ten heart attacks, ulcers and mental Illnesses." generally, but reluctantly, accepted the Ad­ years late, avoid stumbling over Itself in The passenger, pampered in the air but be­ ministration's proposals for higher charges the rush to correct a worsening situation? wildered a.t the baggage counter, in the ticket to finance airways and airport improvement. January 28, 1969 EXTENSIONS OF REMARKS 2019 Airlines would have charged passengers 8 ton National, and Chicago O'Hare. The rule When that sudden flash obliterated percent per ticket instead of 5 percent. Air­ not only requires the airlines and other users these three great individuals, the United ports, outside the federal structure, would to allocate the filghts among themselves (or have increased landing fees, rental on ticket have the Government do it), but bans pri­ States of America lost three heroes; and counter space, etc. These powerful aviation vate planes from JFK at certain rush hours. those of us who have worked so closely interests demanded something in return­ This ban IB a revolutionary change of pol­ with the space program lost three warm including an aviation trust fund, which the licy. In effect It declares that airline travel ls and irreplaceable friends. Adminlstration did not want. Business and now mass publlc transportation, which will There were those of faint heart who private filers, seeing higher gas taxes, less be given priority treatment in accord with said, at the time of the tragedy, that subsidization, and an ascendancy of the air­ its newly recognized status. The change ends these three men had lost their lives in lines, balked at most of the federal Ideas. the sacred first-come, first-served philosophy vain, and even urged that our enormous Congress, seeing no aviation consensus even under which the lone eagle in the Cessna had program for the exploration of the un­ in crisis, resisted action. the same right to the sky as the commercial It is evident that sooner or later someone Jet. It may be challenged in court and surely known be minimized, or abandoned. must pay, or the taxiways and runways will will be damned in hangar bull se8$1ons till Mr. Speaker, the death of Gus Grissom, look as Jammed as an airport access road. Air­ eternity. Even the airllnes-the apparent Ed White, and Roger Chaffee was in­ lines receive more than one new Jet a day. victors-deplored it as only a stopgap meas­ finitely regrettable. No nation could fall General aviation adds eighty-five new planes ure. to be diminished by the loss of three men a week to the airways. Thus an estimated But M. CecU Mackey, assistant secretary of such as these. But, let there be no doubt doubling of landings and takeoffs at FAA­ transportation for policy management, said whatsoever about this great truth: These controlled airports in five years and a quad­ the high-density rule Is the shadow of things men did not die in vain. rupling by 1980 can be expected. It Is no to come. The new rule ls not oriented to wonder that Administrator Thomas repeated­ types of aircraft or operator!, of aircraft, he In the 2 years between that triple ly says: "The future has been arriving faster said, but to the total number of people tragedy on the launch pad, and the enor­ than anyone expected. In terms of the predic­ served. mous triumph of Apollo 8 last month, tions of the early 1960s, 1975 is already here." "Taxis have free parking in front of hotels, more than 5,000 changes were made in The airways system of towers and landing where private cars can't stop. Buses can pull the spacecraft to render it safer, and to and navigation aids was built 1n the span of right up to Shea Stadium. We have exclusive make the recurrence of any similar more than twenty-five years at a cost of $2 bus lanes on some highways. The railroads catastrophe all but impossible. bllllon. It now needs an Infusion of $2 bil­ have long had condemnation privileges. This I sincerely believe, Mr. Speaker, that lion more in the next five. Although the fed­ concept of 'the most people served' hall been eral government has put a bit more than $1 very slow in coming to aviation." In ten the triumph of Apollo 8 in December bllllon into state and local airports (about years or less, Mr. Mackey belleves, major air­ of 1968 would not have been possible if 30 per cent of their total cost) 1n twenty ports will serve only airliners and all other it had not been for the disaster of Jan­ years, 900 new airports are needed and 2,000 aircraft will fl.y to smaller specialized fields. uary 1967. The most brilliant scientific more need improving. The cost, by FAA es­ The same principle may eventually drive minds in the world-the minds of those timate: $4 billion to $5 bllllon In the next private autos from the city streets in favor who make our space program possible­ six years. of mass transit. Until then, the hopeful air­ were instantly bereft of any complacency What are a new President and a new Sec­ line passenger may be helped temporarlly by they might have had, and were inspired retary of Transportation to make of all this? the high-density rule-assuming he can get First, they wlll inherit a final Johnson trans­ to the airport. But in the long run? In 1968, to feats of unparalleled brilliance in in­ portation budget that Is somewhat austere. United States airlines carried more than 150 suring the safety of those who would fol­ But Mr. Johnson will hint that almost any mllUon passengers. They claimed to be add­ low in the footsteps of the three astro­ financing scheme-user charges and even a ing new passengers at the rate of 40,000 a naut martyrs. trust fund, perhaps-would be an acceptable day. If the forecasts hold up, on any given Most of us, Mr. Speaker, have not been way to get the air lanes modernized quickly. day in 1980 more than one and a half mllllon so foolish as to ignore and minimize the Next, the Administration wlll leave office say­ passengel'll will clamber aboard airllners perils of space explora.tion. Our astro­ ing It Is not convinced that massive federal somewhere in the United States. outlays are necessary to help build the non­ There are, of course, no forecasts on the nauts live with the possibility of disas­ federal airports. It wm endorse federal leader­ number of air traffic controllers who will get ter every day of their lives, and so does ship (and some funding) of airport plan­ hung up in highway jams on the way to the everyone else involved in the program. ning-but not money to provide the concrete tower, or how many taxicab handles will be The moon, and those attainable elements of runways and the brick and glass of termi­ grabbed at Kennedy Airport, or the length of the universe that lie beyond the moon, nal buildings. of time Secretary Volpe's plane will spend in can never be conquered without hazard. If these sound like Republican princlples­ airline stackups this year. This ls not to It is a credit to the scientific advance­ pay as you go and keep the decision-making mock the grave problems confronting our ment of the Nation that our honor roll at the local level-Mr. Boyd and his crew airport s~tems, but If the new Administra­ have already heard that charge from other tion and milllons of passengers are to avoid of space martyrs contains only these Democrats. Whether Mr. Nixon wlll accept insomnia, nervousness, tremors, cramps, three names. It is also cause for fervent Mr. Boyd's hand-me-downs remains to be headaches, and all the other maladies that thanksgiving to God Almighty that our seen. afflict traffic controllers, a sense of humor losses have not been more numerous. Without being too specific, Mr. Nixon might help. This is not said in any way to make pledged during the campaign to attack "a the horror of January 27, 1967, seem less crisis in air transportation which requires appalling than it was. It is said, rather, new and imaginative solutions." He said he LT. COL. GUS GRISSOM, LT. COL. ED to give that tragedy a greater meaning, would consider removing the 40,000-man a deeper significance. Federal Aviation Admlnlstratlon, which op­ WHITE, AND LT. COMDR. ROGER erates the airways, from the Transportation CHAFFEE As we mourn anew the loss of these Department, but most observers doubt that three magnificent young Americans 2 he would gut a two-year-old executive de­ years ago, we can also take heart from partment by taking away its most important HON. OLIN E. TEAGUE the fact that the United States of Amer­ component. 01' TEXAS ica has once again shown the vitality and With urbanologist Daniel Patrick Moyni­ the courage to build a triumph from the han in the White House at Nixon's side, IN THE HOUSE OF REPRESENTATIVES ashes of disaster. former Massachusetts Governor John Volpe Tuesday, January 28, 1969 (familiar with the traffic stuffed Northeast This was the particular endowment Corridor) as the new Transportation Secre­ Mr. TEAGUE of Texas. Mr. Speaker, of our Founding Fathers; the particular tary, and former Michigan Governor George today, when we are still congratulating endowment of our western pioneers. It Romney (who helped give the city the auto­ ourselves on the incredible triumph of has always been the special endowment mobile) at the Department of Housing and our space program, achieved last month­ that has made, and kept, our country Urban Development, Mr. Nixon has at least it is necessary for us to pause for a mo­ great; the talent for learning the les­ surrounded himself with men who are acute­ ment to commemorate the second anni­ sons of catastrophe and building upon ly aware of transportation's darker problems. versary of our first, and only, space that knowledge the foundations of ulti­ The departing Adm1n1stration leaves be­ mate triumph. hind one powerful weapon with which to tragedy. wing, if not shoot down, the air congestion I refer, of course, to the disaster which The lesson to be learned on this sec­ crisis. This Is a FAA rule, issued last fall and so suddenly struck, on January 27, 1967, ond anniversary of the death of Gus effective in April, llmiting landings and tak.e­ those three unique and wonderful Ameri­ Grissom. Ed White, and Roger Chaffee is offl:I in bad weather at five "high-density" can explorers, Gus Grissom, Ed White, that we still possess this magnificent airports-JFK, LaGuardia, Newark, Washing- and Roger Chaffee. heritage, May the Nation never lose it. OXV--128-Part 2 2020 EXTENSIONS OF REMARKS January 28, 1969 For once we do, we shall deserve to lose improve wages, we have tried to see that funds authorized add up to $6 bllllon. In the position of leadership and prece­ profits were reasonable. other words, instead of $600 milllon, we have dence we now enjoy. It is the faculty that We passed minlum wage bills and things $6 billion for education in fiscal 1969. of that nature that directly applied to labor. During the darkest days of the Civil War, distinguishes a first-class nation from But the thing that we have borne down President Lincoln signed a Land Grant Col­ those nations of lesser merit. on is the education of our young, medical lege Act to provide federal land for construc­ Had we not suffered the tragedy of assistance for our old, conservation of our tion of state colleges. This gave education 1967 we might not have achieved the vic­ resources-human and natural. a tremendous boost. And students today are tory of 1968. I know of no living single group that I beneficiaries of what President Lincoln did think has been more responsible for the ad­ 106 years ago during the dark days of the vances that have been made in this field in Civil War. the last five years than the AFL-CIO, headed It ls my opinion that our children, the ONE HUNDRED MAJOR BILLS by George Meany, and supported by millions children of all Americans-not just the ch!l­ of men and women throughout this country. dren of trade unionists but the children of SIGNED INTO LAW BY PRESIDENT The President of the United States and all Americans and their grandchildren, will LYNDON B. JOHNSON the President of the AFL-CIO have not al­ be beneficiaries of the last five years of the ways agreed on procedure or on method. I administration of Lyndon Johnson in the think we have always agreed on purpose and White House. HON. CARL D. PERKINS objective. They w1ll be beneficiaries through greater OF KENTUCKY When Mr. Meany hasn't agreed, he said so educational opportunities, greater leader­ IN THE HOUSE OF REPRESENTATIVES in a friendly and firm manner. And I have ship because leadership and learning com­ tried to do that also. plement one another and in today's world, Tuesday, January 28, 1969 I remember how disappointed I was when an uneducated citizenry would mean truly Mr. PERKINS. Mr. Speaker, during his he came to the Cabinet room and told me a backward nation. last week in office, President Lyndon B. that he regretted it about as much as any­ In this field alone, in addition to all of the thing he had done that year but he couldn't other things that happened and In which we Johnson went to the AFL-CIO's national go along with my suggestions to merge the are interested In the last five years, I think headquarters here in Washington to per­ Commerce Department and the Labor De­ that Lyndon Johnson will go down in history sonally thank the trade union movement ment. That disappointed me. as one of our greatest Chief Executives. for the support and cooperation it gave But I was really disillusioned when he Thank you, very much. in such great measure during the last 5 brought about half a dozen other fellows years. It was a simple ceremony-un­ Uke Joe Beirne with him to pound the table ONE HUNDRED MAJOR BILLS SIGNED INTO LAW announced and largely unheralded. But and Just say, "Thou shalt not pass." BY PRESIDENT LYNDON B. JOHNSON But if that was a disappointing morning, Higher Education Fac111t1es of 1963, Decem­ in at least two respects, it was unique. there were many, many other happy events. As far as I can determine, a President of ber 16, 1963. And I am sure that my grandchildren and Vocational Education Act of 1963, Decem- the United States has never before gone your grandchildren are going to live in a ber 18, 1963. in person to a private organization to more peaceful, more prosperous and better Revenue Act of 1964, February 26, 1964. recognize its contributions to the Nation. world because of the leadership you people Civil Rights Act of 1964, July 2, 1964. And, no organization deserves such rec­ have given the American people. De.vis-Bacon Act Amendments of 1964, ognition more richly than the AFL-CIO. So I said to Mr. Meany, in one of our little July 2, 1964. Its entire history is unswerving determi­ social chats not long ago: "I am going to National Commission on Food Marketing, invite mysel! to come over to your office. I July 3, 1964. nation to shape a better life in a better don't think that will break tradition or Urban Mass Transportation Act of 1964, world-a life with the fullest possible precedence because I would remind you that July, 9, 1964. measure of social and economic justice-­ you have invited yourself to come to my Government Employees Salary Reform Act for every human being, regardless of race, office many times." of 1964, August 14, 1964. color, creed, or station in life. So that all I made a Uttle investment and I want to Hospital and Medical Fac111tles Amend­ of our colleagues and Americans every­ bring you, from the hundreds of measures ments of 1964, August 18, 1964. where can know what the President said that we have passed, the 100-landmark meas­ National Commission on Technology, Auto­ for himself and for the Nation, I include, ures that the Cabinet presented me with a mation & Economic Progress, August 19, 1964. little plaque and pen set on before I left. Economic Opportunity Act of 1964, August under unanimous consent, his remarks I would like to present to the working 20, 1964. and AFL-CIO President George Meany's people of this country and to their gallant, Graduate Public Health Training Amend­ response in the CONGRESSIONAL RECORD, able and trusted leaders, a symbol of what ments of 1964, August 27, 1964. as follows: the last five years has been all about. Food Stamp Act of 1964, August 31, 1964. [From the AFL----CIO News) Thank you, very much. Land and Water Conservation Fund Act of MEANY. Mr. President, on behalf of the 1965, September 3, 1964. TRANSCRIPT OF REMARKS AT CEREMONY IN AFL-CIO, its leadership, its millions of mem­ National Arts and Cultural Development AFL-CIO LoBBY, JANUARY 13, 1969, AT bers, and on behalf of the many, many mil­ Act of 1964, September 3, 1964. WHICH PRESIDENT LYNDON B. JOHNSON lions more who will be beneficiaries of the Wilderness Act of 1964, September 3, 1964. MADE A PRESENTATION TO GEORGE MEANY, legislation which you signed into law and Farm Labor Contractor Registration Act PRESIDENT, AFL----CIO which ls represented by the pens and titles of 1963, September 7, 1964. MEANY: Ladles and gentlemen, the Pres­ of the various bills enacted over the last five National Defense Education Act Amend­ ident of the United States. years, I want to thank you. ments of 1964, October 16, 1964. The PRESIDENT: Mr. Meany, Secretary Now, I am not going to take a long time­ Appalachian Regional Development Act of Wirtz, my dear friends. ! could take quite a bit of time discussing 1965, March 9, 1965. Woodrow Wilson said labor is not a com­ the war on poverty, civil rights, hospital and Elementary and Secondary Education Act modity, it is a form of cooperation. And medical fac111tles, conservation, Social Se­ of 1965, April 11, 1965. before I leave this town, I asked for the curity, Medicare, urban housing, redevelop­ Manpower Act of 1965, April 26, 1965. privilege to come here and to talk briefly ment, minimum wages and manpower train­ Social Security Amendments of 1965 (Medi­ with you when I wasn't asking for anything ing and many, many other things. care) • July 30, 1965. of you, not even cooperation. But I would like to concentrate just on Mental Retardation Fac111tles and Com­ I wanted to tell you, on behalf of myself, one phase of the Lyndon Johnson record for munity Mental Health Centers Construction my family and the American people how the past five years because I feel that in the Act Amendments of 1965, August 4, 1965. much I think we all owe you for the leader­ years to come, our grandchildren and their Community Health Services Extension ship that I have seen you exert during my children wlll be beneficiaries of the educa­ Amendments of 1965, August 5, 1965. five years in the presidency. tion legislation passed in the last five years. Voting Rights Act of 1965, August 6, 1965. I looked over my diary last night and I Long after we are gone, future generations Health Research Fac111ties Amendments have met with Mr. Meany and his assistants wlll benefit from this type of legislation. of 1965, August 9, 1965. many times, but with Mr. Meany himself, 49 If nothing else had happened in these five Housing and Urban Development Act of times, in personal meetings either in my of­ years except the education program, this Ad­ 1965, August 10, 1965. fice, the oval room or in the mansion. ministration would have gone down in history Department of Housing and Urban Devel­ In addition to that, he has called me, or as one of the greatest since the establish­ opment of 1965, September 9, 1965. I have called him, 82 additional times. We ment of the Republic. Labor Union Officials Bonding Amend­ have had some rather extended conversations I am not going to read the list, it ls too ments of 1965, September 29, 1965. in those telephone calls. long. But I would like to perhaps summarize National Foundation on the Arts and the Now, during this period of five years, our it by saying in fiscal 1960-Just eight years Humanities Act of 1965, September 29, 1965. general goal has been the greatest good for ago-there were $600 million authorized in Railroad Retirement Amendments of 1965, the greatest number. We have tried to im­ funds for federal aid to education. In fiscal September 29, 1965. prove working conditions; we have tried to 1969, for federal a.id to education, education IDgh-Speed Ground Transportation Re- January 28, 1969 EXTENSIONS OF REMARKS 2021 search and Development Act, September 30, Civil Rights Commission Extension, De­ 38 per cent of those casualties having oc­ 1965. cember 14, 1967. curred during the past six months. Water Quality Act of 1965, October 2, 1965. Congressional Redistricting, December 14, "Yet, the Department of State has restored Immigration Act Amendments of 1965, Oc­ 1967. this passport, thus making possible other tober 3, 1965. Flammable Fabrics Amendments of 1967, such trips and other such denunciations of Heart Disease, Cancer, and Stroke Amend­ December 14, 1967. the American people, and the American sol­ ments of 1965, October 6, 1965. Age Discrimlnation in Employment Act of diers in Vietnam. Economic Opportunity Amendments of 1967, December 15, 1967. "Is it any wonder that more and more citi­ 1965, October 9, 1965. Wholesome Meat Act, December 15, 1967. zens are losing confidence in the government Clean Air Act Amendments of 1965: Motor Postal Revenue & Federal Salary Act of when the government acts in such a foolish Vehicle Air Pollution Control Act: and Solid 1967, December 16, 1967. and absurd manner as it has in pampering Waste Disposal Act, October 20, 1965. Economic Opportunity Amendments of Stokley Carmichael, not only by permitting Health Professions Educational Assistance 1967, December 23, 1967. h1m to make treasonable statements on for­ Amendments of 1965, October 22, 1965. Elementary & Secondary Education Act of eign soil, but also permitting them to incite Highway Beautification Act of 1965, Octo­ 1967, January 2, 1968. rioting in this country Without penalty?" ber 22, 1965. Social Security Amendments of 1967, Jan­ National Vocational Student Loan Insur­ uary 2, 1968. [From the Findlay (Ohio) Courier Republic, ance Act of 1965, October 22, 1965. Civil Rights Act of 1968, January 11, 1968. September 14, 1968) Service Contract Act of 1965, October 22, Consumer Credit Protection Act of 1968 SOME REMARKS THAT DESERVE SERIOUS 1965. (Truth in Lending) May 29, 1968. REFLECTION Federal Employees Salary Act of 1965, Oc­ Omnibus Crime Control & Safe Streets Act The United States Senate the other day tober 29, 1965. of 1968, June 19, 1968. added the sum of $215,000,000 to the appro­ Higher Education Act of 1965, November 8, Housing & Urban Development Act of 1968, priation for the work of the Office of Eco­ 1965. August 1, 1968. nomic Opportunity (OEO) for the coming fl.s­ Vocational Rehab111tatlon Act Amendments Accessib111ty of Public Buildings for Phys­ eal year. But the action was not taken until of 1965, November 8, 1965. ically Handicapped, August 12, 1968. a.fter quite a bit of debate on the program. Veterans Readjustment Benefits of 1966, Natural Gas Pipeline Safety Act of 1968, This ls the agency that conducts the war on March 3, 1966. August 12, 1968. poverty. Railroad Labor Disputes, June 20, 1966. Wholesale Poultry Products Act, August There was general agreement that phases Federal Employees Compensation Act 18, 1968. of the OEO program are performing construc­ Amendments of 1966, July 4, 1966. Food stamp Amendments of 1968, Octo­ tive service. But there was much expression Federal Salary and Fringe Benefits Act of ber 8, 1968. of views regarding some of the program's 1966, July 18, 1966. Regional Health Amendments of 1968, Oc­ shortcomings. Library Services and Construction Act tober 15, 1968. Sen. Harry F. Byrd Jr., of Virglnia, made Amendments of 1966, July 19, 1966. Higher Education Amendments of 1968, some statements that deserve accent. He was National Traffic and Motor Vehicle Safety October 16, 1968. discussing the general subject of helping the Act of 1966, September 9, 1966. Vocational Education Amendments of poor. Fair Labor Standards Amendments of 1966, 1968, October 16, 1968. "When Congress appropriates funds to help September 23, 1966. Radiation Control for Health & Safety Act the poor" said the Virginia Senator, "I want Child Nutrition Act of 1966, October 11, of 1968, October 18, 1968. that money used to help those for whom it 1966. Gun Control Act of 1968, October 22, 1968. was intended." He made this statement a.fter Clean Air Act Amendments of 1966, Octo­ Manpower Development & Training calling OEO "a very wasteful agency, poorly ber 15, 1966. Amendments of 1968, October 24, 1968. administered and with inadequate auditing Department of Transportation Act, Octo­ Presented To The American Federation of procedures." ber 15, 1966. Labor and Congress of Industrial Organiza­ Sen. Byrd said that too often "the word District of Columbia Minimum Wage tions on January 13, 1969, In Recognition of 'poverty' ls used not in reference to depriva­ Amendments of 1966, October 5, 1966. Labor's Contribution To Legislation Bene­ tion but rather to describe a dlfference in Railroad Retirement, October 30, 1966. ficial To All Americans. income and standard of living." Allied Health Professions Personnel Train­ (Signed) LYNDON B. JOHNSON. "The American system," he went on to ing Act of 1966, November 3, 1966. say, "is based on economic Incentives and Child Protection Act of 1966, November 3, these inevitably lead to some economic dis­ 1966. parities. If equality of income ls the goal of Clean Water Restoration Act of 1966, No­ SOME REMARKS THAT DESERVE the war on poverty, then we are not talking vember 3, 1966. SERIOUS REFLECTION about the American system but socialism. Comprehensive Health Planning and Public We are not talking about bringing the mi­ Health Services Amendments of 1966 (Part­ nority up but rather taking the majority nership for Health), November 3, 1966. HON. THOMAS N. DOWNING down." Demonstration Cities and Metropolitan De­ There are people who deserve to be helped velopment Act of 1966, November 3, 1966, OF VIRGINL\ through public and private efforts, but there Elementary and Secondary Education IN THE HOUSE OF REPRESENTATIVES are too many who Just do not want to work, Amendments of 1966, November 3, 1966. Tuesday, January 28, 1969 the Senator declared. Fair Packaging and Labeling Act, Novem­ The senator read to the Senate a llst of ber 3, 1966. Mr. DOWNING. Mr. Speaker, recent instances where, he said, OEO money has Higher Education i\mendments of 1966, remarks by the distinguished senior Sen­ been used "to finance extremists and militant November 3, 1966. ator of my State's delegation, the Honor­ elements whose approach is to riot and to Indiana Dunes National Lakeshore, No­ able HARRY F. BYRD, JR., have drawn no­ demonstrate and to agitate for more and vember 5, 1966. table editorial comment from members more federal funds." Manpower Development & Tralnlng "The federal government," he said, "should of the Nation's press. I am pleased to not be In the business of underwriting revo­ Amendments of 1966, November 7, 1966. insert four of these editorials in the Economic Opportunity Amendments of lution. We have not created OEO to preside 1966, November 8, 1966. CONGRESSIONAL RECORD so that all the over the dismantling of the American way of Members might have the opportunity to life. Mental Health Amendments of 1967, June "Until such time this program can be 24, 1967. see them: as (From the Somerset (Pa.) Ameriean, Aug. put on a different foundation-one that as­ Veterans' Pension & Readjustment Assist­ sures that the taxpayers' money ls being used ance Act of 1967, August 31, 1967. 30, 1968) for the purpose of helping the poor of the Food Stamps Act of 1967, September 27, A STUPm BLUNDER country-I cannot support additional appro­ 1967. Senator Harry Byrd, Jr., of Vtrglnla would priations for the Office of Economic Oppor­ Vocational Rehab111tation Amendments of like to know why the U. S. Department of tunity." 1967, October 3, 196'7. State has restored Stokley Carmichael's pass­ "When Congress appropriates tax funds to Public Broadcasting Act of 1967, Novem­ port. The question ls a good one and one help the poor I want it used to help those for ber 7, 1967. which many Americans would like to have whom it Is intended." National Commlsslon of Product Safety, answered. Democrats, in the debate in the Senate, November 20, 1967. Last December, Stokley's passport was re­ were among the sharpest critics of ·the OEO. Air Quality Act of 1967, November 21, 1967. voked because he had traveled to restricted Sen. Byrd ls a Democrat as ls Sen. John Urban Mass Transportation Act Amend­ areas, specifically, Castro's Cuba and to North McClellan, of Arkansas, who declared it's time ments of 1967, December 1, 1967. Vietnam. to clean up the OEO and put the money Mental Retardation Amendments of 1967, Senator Byrd had this to say: "Carmichael where it will do some good. December 4, 1967. obviously gave aid and comfort to North As we said at the outset, Sen. Byrd's re­ Partnership for Health of 1967, December Vietnam, a nation at whose hands the Amer­ marks deserved accent and serious reflection, 5, 1967. ican people have suffered 191,328 casualties, as do those of Sen. McClellan. 2022 EXTENSIONS OF REMARKS January 28, 1969 [From the Cheyenne (Wyo.) State Tribune, THE ATOM AS EXCAVATOR appllcation of the non-prollferation treaty's Sept. 24, 1968) provisions for cooperation between the WHAT ls THE DIFFERENCE? atoinlc "bave.s" and "have-nots." And beyond Sen. Harry F. Byrd Jr., D., Va., recently HON. JOHN B. ANDERSON that, of course, if the project ls carried for­ OF ILLINOIS ward to success, it will demonstrate that wrote to Secretary of State Dean Rusk the atom ls a revolutionary sort of excavator urglng that thls country withdraw com­ IN THE HOUSE OF REPRESENTATIVES to be used for the speedy and economic munist Poland from the most favored natlon Tuesday, January 28, 1969 building o! harbors and waterways around status in trade with the U.S. which ls ac­ the world, including a new canal across Cen­ corded it by the U.S. government. Mr. ANDERSON of Illinois. Mr. Speak­ tral America. Senator Byrd cited the present Polish er, in recent days, newspapers around the California's Representative Craig Hosmer, regime's repressive measures against Jews, world have reported on a very exciting one of the most knowledgeable members of its support of North Vietnam, and the par­ project currently under discussion be­ the Jolnt Atomic Committee, ls so impressed ticipation of Polish troops in the Soviet tween the U.S. Atomic Energy Commis­ by the potentials of Australia's plan that he invasion of Czechoslovakia as reasons why has urged that the AEC be given $300,000 this country should no longer grant Poland sion and the Government of Australia. The Australian proposal is to use under­ forthwith to begin working on it. The sug­ most favored status. gestion Is a good one. It should have Presi­ In his letter, Byrd cited a July 24 demand ground nuclear explosives to blast a new dent Nixon's favorable attention. by Rep. Paul Findley of Illinois along the deepwater harbor at Cape Kerauden in same lines. Findley received the following Western Australia. reply from Assistant Secretary of State Wil­ Worldwide reaction to this proposal I AM A TIRED AMERICAN liam Macomber which said: " .. . we do not has been positive. One reason undoubt­ believe this ls the tlme for so drastic an actlon as withdrawal of (most favored na­ edly is the strong friendship between the tion status) from Poland because the United States and Australia. Another HON. HOWARD W. POLLOCK evidence is not conclusive that an opposite must be the possibility to do so much OF ALASKA trend has developed from that which ls de­ good with the peaceful uses of atomic IN THE HOUSE OF REPRESENTATIVES scribed in the attached Presidential deter­ energy. mination on Poland. . ." The "presidential One of my colleagues on the Joint Tuesday, January 28, 1969 determination" referred to said Poland ls Committee on Atomic Energy, the Hon­ Mr. POLLOCK. Mr. Speaker, it goes not "a nation dominated or controlled by without saying that often we as Ameri­ the foreign government or foreign organiza­ orable CRAIG HOSMER, of California, has tion con~~olling the world communist move­ taken the lead in Congress in urging ap­ cans take advantage of what we have, ment... proval and prompt action on this project. and not fully realize the costs of our In view of Czechoslovakia, Senator Byrd His role and the forward-looking posi­ freedom. asked the State Department if that was still tion of the Australians were the subject I have an editorial from the Northwest its view with regard to Poland. Macomber, of an editorial in the Washington Sunday Flyer which I would like to share with the same who replied to Rep. Findley, Star this week. my colleagues. It was sent to me by one wrote Byrd: The editorial follows: of my constituents, Mr. James M. Wright. "We are unable to judge whether Polish The title is "I Am a Tired American": troops were ordered by the Polish govern­ THE ATOM AS EXCAVATOR ment to take part in this action because of Although lts economic and technical feasi­ I AM A TIRED AMERICAN the latter's subservience to Soviet policies bil!ty ls still subject to study, there is great "I am a tired American. or whether the Polish government acted promise in Australla's proposal to build a blg "I'm tired of being called the Ugly Amer­ willingly because it also deemed the signs new port with the help of the Unlted States ican. of liberty in Czechoslovakia as a threat to Atomic Energy Commission and its nuclear "I'm tlred of having the world panhan­ its own communist system." explosives. dlers use my country as a whipping boy 365 The question ls: What difference does it As outllned by David E. Fairbairn, Austra­ days a year. make? The fact it acted at all should be llan Minister of National Development, the "I am a tired American-weary o! having reason for removing it from the most favored plan calls for blasting out a deep-water har­ American embassies and information centers nation status. bor on the northwest coast near Cape stoned, burned, and sacked by mobs operat­ Kerauden on the Indian Ocean. Thls ls an ing under orders from dictators who preach isolated region, but it contains great deposits peace and breed conflict. [From the Bridgeport (Conn.) Telegram, of iron ore, and it would quickly become "I am a tired American-wearied of being Oct. 22, 1968] populated and prosperous if it had a port leotured by General DeGaulle (who never through whlch the ore could be shipped. The FEDERAL DEBT CLIMBING won a battle) who poses as second Jehovah hope ls that the AEC will be able to do the in righteousness and wisdom. Throughout this year, and for a few job with something llke five 200-k!loton "I am a tired American-weary of Nasser months before, the Congress debated the charges placed in a row 1,100 feet apart and and all the other blood-sucking leeches who surtax on income taxes. It was finally passed detonated 800 feet beneath the ocean floor. bleed Uncle Sam white and who klck him only after it was accompanied by a manda­ The question ls whether such a detona­ on the shins and yank his beard if the tory requirement that government spending tion could take place without sending radio­ flow falters. be cut by $6 billion. Yet the total revenue active fallout over other countries. If it dld "I am a tired American-weary of the to be raised this year by new tax legislation so, it would be in violation of the test ban beatniks who say they should have the right wlll amount to $15.3 billion, almost exactly treaty's shortsighted provision inhlbltlng the to determine what laws of the land they are this year's interest on the national debt. use of peaceful nuclear explosives even willing to obey. Citing this coincidence, Senator J:Iarry F. though they Inlght release only a harmless "I am a tired American-weary unto death Byrd, Jr., of Virglnla called it "a dramatic, degree of radioactivity. But this aspect of of having my tax dollars go to dictators who if painful lesson, in the cost of deficit spend­ the proposed Cape Kerauden project may play both sides against the Inlddle with actually be acadeinlc. Over the years, the threats of what wlll happen if we cut off ing." He bad been holding forth on the size AEC has developed explosive designs and em­ of the growing national debt. During the the golden stream of dollars. placement techniques-all classified infor­ "I am a tired American-fed up with the 90th Congress, the federal debt celling was mation-that may well be effective enough boosted about $28 billion, It now stands at mobs of scabby-faced long-haired youths to keep the fallout within national bounds and short-haired girls who claim they repre­ a record $357.9 billion. or reduce it to an amount too negligible to sent the 'new wave• of America, and who "We would be well past that ceiling today, warrant international complaint. sneer at the old-fashioned virtues of honesty, were it not for this year's tax leglslation­ Ironically, while the test ban may lnhlblt integrity, and morality on which America tbe 10 per cent surtax-and the $6 billion them, the non-prollferatlon treaty specifi­ grew to grea.tness. reduction in expenditures which the Con­ cally encourages and provides !or just such "I am a tired American-who Is tired of gress demanded in return," Byrd said. projects as the one Australia proposes. The supporting families who haven't known any Byrd has inherited his role of watchdog nuclear powers, that is to say, are obligated other source of income other than govern­ of the treasury from his father, whose seat to give aid, including explosive materials, to ment relief checks for three generations. in the Senate he oocuples now. He brought the non-nuclear powers to insure that they "I am a tired American-who ls getting will not be left behind, technologically or home the problems with this homily: Try­ madder by the minute at the filth peddlers otherwise, if they become parties to the who have launched Americans 1n an ob­ ing to bold firm on federal debt limitation ls treaty and thus forswear their sovereign like trying to take away your wife's credit scenity race-who try to folst on us the be­ right to make atoinlc weapons or explosives lief that filth ls an integral part of cultur&-­ cards-the objectives are worthwhile but vir­ of thelr own. in the arts, the movies, lllterature, and the tually impossible to accompllsb. Regrettably, In that respect, if it ls adopted, the Austra­ stage. we must agree. llan proposal will be a trail-blazer in the "I am a tired American-weary of the January 28, 1969 EXTENSIONS OF REMARKS 2023 bearded bums who tramp the picket lines THANK You, MR. PRESIDENT Speaker, it seems to me that this House and the sit-in&-who prefer Chinese com­ Few men, ll any, have had a more colorful should express to the world its revulsion munism to capltal!sm-who see no evil in career in politics than Lyndon Johnson. Born at the actions of the Iraqi Government Castro, but sneer at President Johnson as a In Texas, but Capitol Hill has been his home threat to peace. and our highest concern of the effect of most of his life. its action upon world peace. If the State "I am a tired American-who has lost a.11 Mr. Johnson became President in one of patience with that civil rights group whtch the most tragic moments In American his­ of Israel is to be condemned by the world is showing movies on oollege campuses from tory. He proved his leadership ab111ty and community for seeking to safeguard its coast to coast. Movies denouncing the United the fa.ct that he h ad what it takes to be commerce, it seems to me that the State States. Movies made in Communist China. President in but a matter of hours after of Iraq should be condemned for this act "I am a tired American-who is angered Mr. Kennedy's death . of barbarism. by the self-righteous breast-beater critics of It would probably be safe to say that Mr. America, at home and abroad, who set im­ Johnson received a greater mandate from possible yardsticks for the United States but the people than any other President, and never apply the same standards to the because of the m andate and his political WHEN TOO MUCH KNOWLEDGE BE­ French, the British, the Russians, and the sk111s, he had more power than any other COMES A DANGEROUS THING Chinese. President with the possible exception of "I am a tired American-sickened by t he Roosevelt in 1936. slack-jawed bigots who wrap themselves in bedsheets in the dead of night and roam the Americans can be grateful that the Presi­ HON. LOWELL P. WEICKER, JR. countryside looking for innocent victims. dent used the power to make America more OF CONNECTICUT conscious of the plight of many who were in "I am a. tired American-who dislikes IN THE HOUSE OF REPRESENTATIVES clergymen who have made a career out of need rather than yielding his leadership role integration causes, yet send their own chil­ to the self-interest groups. Tuesday, January 28, 1969 dren to private schools. This has been a difficult time in American Mr. WEICKER. Mr. Speaker, I feel "I am a tired American-who resents those history to be President. The strain and ten­ sion must be more than the average person that the tragic events in Nigeria-Biafra who try to peddle the belief in schools and where an estimated 20,000 persons die of colleges that capital!sm is a dirty word and could bear. President and Mrs. Johnson de­ that free enterprise and private initiative are serve a rest and an opportunity to enjoy starvation each day require that I speak only synonyms for greed. the fruits of their labors. out for positive action to prevent the ex­ "They say they hate capitalism, but they Washington w111 miss them. From what tinction of a generation. Following is an are always right in the head of the l!ne de­ we understand, national politics will not be address I delivered at the University of manding their share of the American way the same. As you go Mr. President, we would Bridgepcrt, Bridgepcrt, Conn., on Friday, of life. want to thank you for yo'.11' interest in our January 24, 1969: "I am a tired American-real tired of those city which belongs to everyone, but cared for but by a few. We want to thank you for WHEN Too MUCH KNOWLEDGE BECOMES A who are trying to sell me the belle! that DANGEROUS THING America is not the greatest nation in all the your interest in the we!Iare of the American world-a generous hearted nation- a nation people, i;heir education, their health, their (A commencement address of the 1969 mid­ dedicated to the policy of trying to help the housin~. their employment. You have done winter class of the University of Bridge­ 'have nots' achieve some good things that more than any other President for the gen­ port; Bridgeport, Conn., by the Honorable our system of free enterprise brought about. eral welfare of the people. LOWELL P . WEICKER, JR., Member of Con­ "I am a tired American-who gets a lump We want to thank you for your interest in gress) in his throat when he hears the 'Star-Span­ man's freedom, in the individual rights of On Monday of this week I had the priv­ gled Banner' and holds back tears when he private citizens. ilege of being a participant in what was to hears those chilling high notes of the brassy We want to thank you for your interest in me and I am sure to millions of Americans trumpets when Old Glory reaches the top the national resources of our land and for from Washington, D.C. to the tip of Ala.ska of the flag pole. all that you and Mrs. Johnson did to help a thr!lling and awe-inspiring event-the in­ "I am a tired American-who thanks a preserve these resources. auguration of a President of our United merciful Lord that he was so lucky to be It truly can be said that no person ever States. born an American citizen-a nation under tried harder to accomplish more for the good There were two . occurrences and one im­ God, with truly mercy and justice for all." of all. pression that registered rather forcibly on me It is our hope that you bo~h w111 enjoy good during that one hour of what is now Ameri­ health and much happiness. can history. The occurrences were in this order : The singing of the Irving Berlin Song, THANK YOU, MR. PRESIDENT "Give Me Your Tired," by the Mormon Tab­ ernacle Choir and the spotting of my two ffiAQ'S ACT OF BARBARISM sons, aged 8 and 11, In a crowd of over 100,000 HON. J. J. PICKLE people, mostly adult. OF TEXAS The song registered because it had been so IN THE HOUSE OF REPRESENTATIVES HON. FRANK THOMPSON, JR. long since I had either read or heard those OF NEW JERSEY words of a n ation in its youth: Tuesday, January 28, 1969 IN THE HOUSE OF REPRESENTATIVES "Give me your tired, your poor, Mr. PICKLE. Mr. Speaker, I am very Tuesday, January 28, 1969 Your huddled masses yearning to breathe proud to bring to the attention of the free, Members of the House of Representa­ Mr. THOMPSON of New Jersey. Mr. The wretched refuse of your teeming shore. tives an editorial that appeared in last Speaker, I rise to express my sense of Send these, the homeless, tempest-tost week's issue of the Capital Baptist. shock and outrage at the news of the to me, In a straightforward, yet eloquent execution by the State of Iraq of 14 per­ I lift my lamp beside the golden door!" manner, the article cites the apprecia­ sons, nine of them Jews, on charges of Secondly, finding my children in that sea tion of a nation for the talents and spying for Israel. The circumstances sur­ of anonymous faces was a moment to re­ efforts of Lyndon B. Johnson. rounding this barbarous episode gives member because when I did spot them they There have been countless articles and cause for the gravest concern. The trials looked unconcerned with the solemnity of stories written in the past few weeks ex­ upon which these men were convicted the occasion, but rather had on their faces the happiness of young ch!ldren occasioned pressing the sentiment of our Nation for were held in secret. The executions were by finding their father rather than seeing a. the outstanding accomplishments of carried out before a multitude under cir­ President of the United States or a. Con­ President Lyndon Johnson-but few, cumstances which bespeak more of the gressman from Connecticut. And as I saw perhaps, as concise in feeling and tem­ Dark Ages than of the 20th century. Mr. them and others of their age in that crowd perament as the Capital Baptist edi­ Speaker, quite recently the Security of adults they looked excitedly expectant torial. President Johnson's great grand­ Council of the United Nations saw fit to and mighty small. father, George W. Baines, was once censure the State of Israel for an attack The impression that I came away with was president of Baylor University and one of upcn a neighboring state. In that cen­ that on that day as was the case four years sure there was no mention made of the ago and wm be the case four years from our great statesmen and educators of now, our United States was being born again early Texas. Baylor University is per­ grave provocation which preceded that with the only restriction on what our nation haps the most outstanding Baptist in­ act. Violence, whoever the perpetrator, is will accomplish being limitations of our own stitution in America. to be condemned and abhorred, partic­ choosing. Without objection, I include the edi­ ularly in an area of the world in which I suppose that the words common to my torial in the RECORD: tensions are so high. Therefore, Mr. experiences of January 20, and to yours on 2024 EXTENSIONS OF REMARKS January 28, 1969 this important evening of your lives are hope General Motors and wanted a problem solved, 206, provides for the person receiving and heart, and it ls those traits and how I'd place a table outside the meeting room pornographic material to report it to the they relate to knowledge that occasions the With a sign: 'Leave slide rules here.' If I local postal authorities. After a consider­ subject matter of my talk thls evening. didn't do that, I'd find some engineer reach­ able amount of time, energy, and money Remember; A verse that expressed a young ing for his slide rule. Then he'd be on hls unaophlsticated nation's willingness to take feet saying 'Boss, you can't do it.' " the total result from the complaint the world's trampled to its heart. Is It food we la.ck? is the fact that the smut merchant has Remember; Chlldren that enjoyed the Is It planes we la.ck? lost a name from his mailing list. health to be happy; that loved and were Is It placing the food on the mark that we In checking with the postal authorities, loved. can't do? I find that in 1968 alone over 165,000 Remember; A Ceremony that dedicated the Our status in all these areas as described formal complaints had been registered. awesome strength of this country to a new before, resounds "NO" to all these questions. These persons were recipients of unso­ start. Is it not thait we have become so sophisticated A small child lylng in the dust looks up at in international politics that the paper con­ licited offensive mail. With the number of the hot African sun. She summons all the sequences are freezing our natural reactions complaints rising each week the need for strength left in a body made grotesque by of help for the suffering and love for chil­ more effective legislation must be dealt starvation for one more cry of help to the dren everywhere? with by this Congress. unanawering desolation around her before What happened to that young brawling I, therefore, have introduced legislation cl06ing her eyes for the last time. nation that had strength far beyond the that would give the postal authorities At the same moment much of the diplo­ numbers of its population or the taught wis­ strong, effective powers to stop the deal­ matic world after deliberation and thought dom of Its people because It was engaged in ers of pornographic material from push­ comes to the scholarly conclusion that the living the highest purposes of God and man? most humane way to end the Nlgerla-Blafra Certainly, I do not advocate a dlminlshlng ing their unwanted material on the War ls to participate by inaction in a policy of our educational efforts or an acceptance American people. geared to the "Quick Kill" of Bla.!ra. as be­ of a high school education as being su1!1.clent. The legislation would: ing the humane resolution of an awkward What I am saying ls that the purpose of First, prohibit mall-order sales of ob­ situa.tlon. learning and education ls to send one more scene material to children of school age. The United States of America, meanwhile, man and one more woman into a world of Second, it would provide that a family has during the past year accomplished the desolation to share that knowledge With with children under the age of 16 who following: Sent three men a half milllon compassion and flexibility with the thou­ receive, or are solicited to receive, hard­ miles around the moon and returned them sands, who, in the words of Victor Hugo, Within 7,000 yards of their landing objec­ "Exist In physical and splrltual night." core pornographic material would have tive; paid farmers millions of dollars not to I want a world that runs to even one lonely the right to bring action against an of­ grow crops because of an over abundance in child dying in the dust and takes It to Its fender in which the crime would be our agricultural economy; produced more arms or concern-to Its table or food-to Its deemed a Federal crime, punishable by new drugs and pharmaceutical products for hospitals of care. a fine and jail sentence. the cure and alleviation of disease and pain It is not on the words of old diplomats but Mr. Speaker, I urge my colleagues to than all the rest of the nations of the world on the happiness of these children yours, support this legislation in order for pro­ put together; built, at Marietta, Georgia, the mine. the world's that this nation should largest cargo plane in the world. premise Its Journey of the next four years. tection to be provided for American fam­ It is not my purpose tonight to touch Cease fires, truces, the reconclliation of re­ ilies and their school-age children. I re­ upon the governmental rights and wrongs of gions, summit talks is the business of spectfully request that committee hear­ the Nigerian-Blafra War. What their Govern­ months. ings be scheduled as soon as possible. ments do while 20,000 children die each day The task or the minute ls to give ll!e ls not worthy of one-minutes discussion. where there ls repetitive death. What our Government does to assure that As the snow covers our New England with ten milllon live-ls. a mantle or white let the para.chutes with WOMEN'S JOB CORPS CAN HELP Let me give you a few facts. their cargo of food cover both Nigeria and It ls estimated that two million people or Biafra so that the world understands while almost the entire population of Connecticut we gained in knowledge we also gained in HON. JULIA BUTLER HANSEN have died from starvation since the outset love. of the confilct. OF WASHINGTON At the present time relief agencies fly in IN THE HOUSE OF REPRESENTATIVES 150 tons of food a day-5,000 tons are needed MAIL-ORDER SALES OF PORNO­ Tuesday, January 28, 1969 dally. GRAPHIC MATERIAL Incidentally, do you remember 1948 when Mrs. HANSEN of Washington. Mr. America set its heart and mind to the task of Speaker, one of the truly visionary in­ feeding Berlin? We flew 9,000 tons of food a HON. JOE SKUBITZ novations of recent years is the Job day Into that isolated city. It's now twenty­ OF KANSAS Corps. In years ahead, we will look at its one years later and knowledge has created IN THE HOUSE OF REPRESENTATIVES results with the same pride we now place better planes-but ls the end product of that in the GI bill of rights, which was so knowledge worth the striving 1! there ls no Tuesday, January 28, 1969 heart to guide Its use? controversial following World War ll. The diplomats and politicians are present­ Mr. SKUBITZ. Mr. Speaker, I am in­ This Nation has learned there is no way ing some very sophisticated arguments as to troducing, for full and deliberate consid­ t.o lose when the investment is in people. why nothing should be done. Arguments that eration, legislation that would regulate Many times I have commented on the !lre steeped In over one thousand years of mail-order sales of pornographic mate­ value and contribution of Job Corps to diplomatic practice and learning. And I pro­ rial. the U.S. Forest Service and the Depart­ pose to you this evening that It Is at this point that too much knowledge has become The need for effective legislation is ment of the Interior. Those have been a dangerous thing. never more apparent than today. cases of young men who are serving as For, ladles and gentlemen, 1! we accept as Throughout the United States local and firefighters and conservationists while valid and respectable such knowledge as State law officials, educators, and civic learning. teaches our country to remain silent while organizations are waging a never-ending Job Corps has been bolstered by a 20,000 people die each day then as a nation fight against the sale of smut to school­ group called Women in Community we repudiate the origins of our own great­ age children. Parents are advocating, and Service--volunteers who have dedicated ness and cast our lot with those countries who long ago found existing preferable to justly so, vigorous enforcement of exist­ themselves t.o helping those girls who achieving. ing obscenity laws. join Job Corps. The teamwork of the And history will show that it was during I strongly feel that there are countless Government and these volunteer citizens Just such a time of diplomatic maneuvering, numbers of parents in this country who was dramatically spelled out in a recent with the "raison d'etre" of the European na­ do not want their children's sex educa­ article in the Aberdeen, Wash., Dally tions being to exist, that the United States tion to be influenced by smut merchants. World. I would like to place this in the grew and became strong as It relied on in­ The heavy volume of constituent com­ RECORD. stincts of the heart and the common sense so abundant ln the American mind. plaints attest to the fact that something WOMEN'S JOB CORPS CAN HELP There are those who wm say It can't be must be done to bring about an end to (By Lillian Van Syckle) done. this problem. The future of our Nation Good Jobs seldom Just fall into your lap. I'm reminded of the story told by Charles and the world depends on the youth of They're hard to find. A young woman ap­ Kettering, one of the early founders of Gen­ today. plying for a Job nowadays needs special train­ eral Mctors, "When I was Research Head or The current legislation, Public Law 90- ing In her field, trim clothes, a knowledge of January 28, 1969 EXTENSIONS OF REMARKS 20:25 good grooming and a desire to make a better that I call your attention to a college in EDUCATION: THE FULCRUM FOR future for herself. my district that is an example of an ideal RESURGENT AMERICAN SEAPOWER This might be an overpowering list of qualifications tor a girl who left school before atmosphere of study and learning. This she had learned special skllls and whose school is Kutztown State College, whose HON. WILLIAM S. MAILLIARD president, Dr. Cyrus E. Beekey, has an­ wardrobe and self-confidence were nearly OF CALIFORNIA nil-that ls, lt might be if lt weren't for Job nounced his retirement for health Corps. reasons. IN THE HOUSE OF REPRESENTATIVF.S The desire to make a better future for her­ Kutztown State College and the entire Tuesday, January 28, 1969 self ls the only qualification the job appll­ surrounding community will sorely miss Mr. MAILLIARD. Mr. Speaker, on cant needs after she ls accepted by Job Corps. him The others wlll have been achieved by the Dr. Beekey. I too, join in wishing January 17, Mr. Charles F. Duchein, time she ls graduated from the corps. good health. Many fine tributes will be president of the NavY League of the Girls from 16 through 21 years old are ell­ paid to Dr. Beekey in the coming months United States, spoke before the Common­ glble for the Job Corps lf they are out or but I feel the fine editorial which ap­ wealth Club of California on the subject, school and can't find work. peared in the Reading Eagle on Wednes­ "The Mess in the Merchant Marine." In the Harbor area, girls may inquire about day, January 22, 1969, expresses the feel­ Women's Job Corps from Mrs. Helge Erick­ One of the principal underlying themes ings of those who know him and are of Mr. Duchein's address was the cur­ son or Mrs. Aaron Wise, both of Hoquiam, his volunteer workers tor Women In Community aware of accomplishments: rent necessity to educate the American Service. SALUTE TO DR. BEEKBY people of the crucial national interest in­ Working ln teams, WICS volunteers seek A short but eventful tenure of achieve­ volved in rebuilding our maritime pos­ out girls who might profit from the opportu­ ment as president of Kutztown State Col­ ture to a position of world preeminence. nity to leave home and prepare for a more lege wlll end Aug. 1, with retirement ot Dr. promising future. They explain the Job Corps Cyrus E. Beekey, at 62, because of health It is of no small significance that only residential centers to the girls and their fami­ reasons. 4 days following Mr. Duchein's address, lies on home visits. Although he suft'ered a respiratory attack on January 21, the Chief of Naval Oper­ WICS volunteers interview candidates, en­ shortly after being appointed the eighth ations, Adm. Thomas H. Moorer, U.S. gage professional help for health examina­ president of the colleg-in July 1967 to flll NavY, appeared before the Special Sub­ tions and aptitude tests, then guide and help the vacancy created by the death of Dr. Italo committee on Seapower of our Commit­ girls through the various steps on the way to L. deFrancesco-Dr. Beekey has carrled out tee on Armed Services emphasizing a enrollment. The final selection ls made by his duties ln a manner that has impressed similar educational need in order to en­ the Job Corps ln Washington, D.C. his colleagues and students, as well as the After a girl ls accepted by the Job Corps community he serves. list the full support and understanding of she ls assigned to one of the Job Corps resi­ Dr. Beekey in his quiet way has pushed Congress and of the American people on dential centers--the closest one to Grays the college forward while providing a tran­ the subject of seapower. In his prepared Harbor ls at Tongue Point, near Astoria, Ore. quil atmosphere for teaching and study. A statement presented before the special Then she begins her training. measure of the school's progress under his subcommittee, Admiral Moorer observed: With the conviction that "every girl needs tenure may be gleaned from the fact that I hope that your efforts will help to bring a chance to be somebody," the Women's Job in the first 18 months ot his term, enroll­ greater understanding ot the importance of Corps Center ls like a new home where new ment climbed from 3,863 to 4,442, and the Seapower to more people in the United States. people and attractive surroundings give Ute faculty increased from 215 to 237. As a maritime nation we cannot afford to a new meaning. To keep abreast of enrollment, the campus overlook what the Soviet Union and others There will be some studylng-rea.d1ng, physical plant added four new buildings-­ seem to understand so well. writing, speaking, math. Recruits wlll learn a research and learning center, a library, a how to do a job, in a hospital, an office, ln student center and the Dietrich dormitory More than 2 years ago when speaking selllng or communications, sewing, cooking, tor men. Four more buildings are under way in San Diego, Calif., I, too, decried the institutional household arts. Counselors will or about to be started. then current shocking deemphasis in our help decide which job ls best for the girl. In short, Dr. Beekey carried on the build­ Material will be provided and trainees will national maritime efforts and pointed to ing and educational program of his predeces­ the need for a rebirth of national lead­ be taught, if they wish, to sew new clothes sor, and has added to them, thus continuing for themselves. Ample time ls allowed for the momentum of Berks County's largest ership to avoid abdicating our position as recreational activities after study and work college. a major world seapower. The fulcrum or periods. A native of Myerstown. Dr. Beekey had lever for this resurgence must "start with Girls in the centers get spending money behind him a solld background in teaching some grass roots education" as pointed while they train, an allowance of $14.34 every and admlnlstratlon when he become pres­ out by Mr. Duchein in his January 17 two weeks, and special points can be earned ident at KSC. Recipient of a bachelor of to raise this allowance. address. science degree from Albright College in 1927 It is in recognition of the importance When girls complete their training at the he was awarded a master of science degree center they receive $50 tor each month they from Cornell University in 1934. While teach­ of this national issue that I now insert spend in the corps. They may have part of ing at Reading High School, he was awarded the full text of the address by Mr. their money sent home to help take care of a Ph.D. degree from Cornell for graduate Charles F. Duchein, president of the the family, and the Job Corps will match work in ecology and invertebrate zoology NavY League of the United States, and what they send home. Or the money may be in 1940. commend it to the attention of my col­ used for llving costs while the girls are look­ Before joining the KBC teaching staff in leagues: ing tor jobs. 1943 as a teacher of physics in the U.S. Army THE MEss IN THE MERCHANT MARINE "It's a wonderful program," Mrs. Erickson Air Cadet Corps program on the campus, says with conviction when people ask her Dr. Beekey, who began his teaching career (Address by Charles F. Duchein) about Job Corps. "It gives girls a real chance in 1927, as a teacher ot mathematics at You asked me to talk about the mess in in llfe when they are young enough to get Southern Junior High School, taught ln the merchant marine but I think lt ls high years and years or benefit from lt. Reading Hlgh's biology department from time we stop talking about the mess in the "The program is a rewarding experience 1931 to 1943. merchant marine and start giving a positive also for the WICS volunteers who recruit, At KSC, Dr. Beekey moved gradually up American touch to our crucial situation at screen and assist the girls in finding work the educational ladder-to professor of bio­ sea. after the training period. We can always use logy and science department chairman in Instead, we are tampering with the long­ WICS volunteers." 1944, and to dean of academic affairs in term prosperity of this Nation through our 1956. In May 1967, during the Illness of Dr. vacillation and neglect of what can be the deFrancesco, he was named acting president chief stimulator of the national economy­ SALUTE TO DR. BEEKEY or the college. the foundation for our future prosperity and Both Dr. Beekey and his wife are familiar this is to rebuild our maritime posture to a figures ln educational and civic circles in position of world preeminence. HON. GUS YATRON Kutztown. Highly regarded in scientic circles, our tast moving 20th century industry o-r PENNSYLVANIA Dr. Beekey ls a past president of the Mengel depends increasingly on strategic materials Natural History Society and the Pennsylvania carried from overseas in ships. The burgeon­ IN THE HOUSE OF REPRESENTATIVES Academy of Science. He was named to head ing trade along the world sea lanes affords Tuesday, January 28, 1969 the former ln 1946 and the latter in 1954. the most inviting posslblllty for economic We wish Dr. Beekey good health in the growth in our history. But you and I know Mr. YATRON. Mr. Speaker, so much remaining months at KSC, and a happy we now carry only a traction of even our has been said about disorder on the col­ retirement next August. We salute him for own trade. The tragedy ls we are not capi­ lege campus of today that it is with pride a job well done. talizing on the exploding lucrative world 2026 EXTENSIONS OF REMARKS January 28, 1969

markets--we continue to talk when positive 8, if it did nothing else, showed the tremen­ position nor are they maintaining and ad­ action is called for. While we talk about the dous American potential to think, to pro­ vancing it, without government assistance. mess in the merchant marine, we ignore duce, to create-it showed the strength of But the assistance was deliberately aimed at the decisions our Government must make to our will and our determination and it came achieving U.S. dominance in air transport get ba.ck up on the maritime step. at a time when the world was beginning to world wide. There Is quite a ditference. My message today is not to decry the "mess wonder. Sound military planning highlights the in the merchant marine" nor to try to fix What we need now 1s the same sort of Importance of a major build-up In shipping the blame. Instead, I want to highlight the shock treatment to build our merchant ma­ and when valid defense requirements are tremendous oceanic opportunity unfolding. rine to the strong, modern, competitive posi­ met, the merchant marine will begin to move As the first step in the educational process, tion world conditions dictate. Though hard­ forward to the strong posture dictated by a we need to learn more about the economics ly as dramatic as Sputnik, the exploding So­ volatile world. While the Viet Nam experi­ of the sea by delving into the complexity viet maritime strength has far more ominous ence reinforces the vital justification for of the U.S. waterborne transportation Indus­ political, economic and military implica­ ships for logistical war support, Mr. Mc­ try. There are high stakes involved in build­ tions. Namara when Secretary of Defense failed ing up oceanic strength and there is urgency Focusing on the red revolution at sea, the to establish even the rock bottom require­ for doing so. central significance of the competitive mer­ ments of merchant ships to support combat I say, let's get on with it, let's start build­ chant marine stands out. How do we stack operations. Specious money saving tactics ing a merchant fleet that will be the pride up? Four out of five of our merchant ships accelerated the decline of ocean transport. of every American-that's my answer to the are of World War II vintage. But not Soviet We've paid the price in Viet Nam. We've seen mess in the merchant marine. ships-four out of five of their ships are less what It means to be dependent, even to a Frankly, based on hard economic facts, as than 10 years old. While the Soviet Union small degree, upon foreign ships in time of a businessman I see a long te.rm bullish builds better than 1,000,000 tons of merchant war. The national security interest demands trend In the maritime market. For example, ships each year, 448 ships this year, for ex­ the revitalization of our trade carrying ship­ an authoritative Harbridge House study con­ ample, we build 48. In point of relative pri­ ping. The requirement must be met by ships cluded that while carrying a fraction over orities, in 1965 the Soviet Government spent built In the United States by United States 7% of our trade, the United States saved a more than $600 mlll1on on merchant ship citizens and ships which bolster the Ameri­ billion dollars yearly In gold flow from the construction. We invested a mere $160 mil­ can economy with the revenues reaped from revenue of this trade. It doesn't take a lion. As our merchant marine rapidly declines carrying the great volume of American over­ mathematics major to see what this would in strength, her vigorous ship construction seas trade. mean toward gold fl.ow reversal 1! we carried program is projected to 27 million tons by Congressional leaders, like your Repre­ 50% of our trade. 1980. sentative Bill Mailliard, comprehend the Economically, this Is an index of what In simple terms, during the period of my significance of the sea and are alert to the carrying trade can mean if we go after the presidency of the Navy League, the Ameri­ issues. They have already moved into action market. This tantalizing fact has not escaped can merchant marine slipped down the to­ with specific legislative proposals to put the Mr. Nixon. This is precisely why he has made tem pole of our own trade carrying froru U.S. maritime transportation industry on a the revitalization of the merchant marine "a 7.3% to a mere 5%. As this slippage took solid footing. Their proposed legislation to highest priority economic task". But while place, the American merchant marine de­ establish a separate maritime department as the President elect knows this economic fact clined from 1900 ships In 1950 to 1100 ships a first step In building an enlightened, of life, few Americans do. And their lack of by 1968. But the Soviet fleet mushroomed vigorous maritime voice in our government Interest, understanding and concern, to my from 1.9 million tons to its present strength highlights their grasp of the situation. mind, is the chief reason why we are in such of 10.4 mlll1on tons and 1400 ships. Having Make no mistake, Soviet ship construction serious trouble. already passed us In ship count, by the end is geared to population growth clearly re­ That is the problem bolled down to basics­ of the year, unless the trend is reversed, the vealing their goals of carrying a major por­ it Is an educational one. Yes, education-and Soviets will knock us out :>f our fifth place tion of world trade. Soviet merchant ship­ the aggressive merchandising of American position as a merchant marine power. ping is carrying nearly 95 percent of the war maritime product. We might well take a page As a marine officer thinking In terms of supplies to North Vietnam. Watching their out of the bold aerospace Industry's promo­ future :nilitary readiness, this maritime operation gives us an insight into their tional book to regain a number one world morbidity report frightens me. You can tactics. maritime position. readily see why. After unloading at Haiphong Harbor, these Speaking of modern methods of merchan­ Over 98 % of the beans, bullets and jet ships slip down to Australia and pick up dising, Jack Gilbride, president of Todd, and fuel for Vietnam is transported in ships. cargo for their return trip to Europe. By a good friend of mine, and I must say one of Our merchant marine bas done a marvel­ undercutting the freight rates on an order the most progressive American shipbuilders, ous job of meeting the 10,000 mile sea-lift of 15 percent to 25 percent, they reveal their is tell1ng the Nation through a fine program requirements for southeast Asia. Both the economy package approach to cornering the of educational communicatlons--"You can't operators and the men who man these ships market for Communist shipping. walk on % of the earth's surface". How deserve great credit. But c. new "hot spot" Now, the centrally controlled Soviet mer­ strange that the American people and their somewhere else would stretch our ship elas­ chant marine is part and parcel of their Government, at this late hour, need such tic limit beyond the breaking point. For this government power structure. A single signal elementary oceanic education; but, unfortu­ reason, watching the Middle East tinder box from the Kremlin, as we observed in Cuba, nately, they do. No, you can't walk on water. starting to flare up again is nightmare for turns all of their merchant ships around But there is "gold" In the oceans of the our strategic planners. This Is a sharp warn­ with impressive discipline. world-and strength-and security. Actually, ing to remind us again of our global re­ What does this mean competitively as an Americans are just beginning to grasp the sponsibllities and requirements. Instrument of political and economic pene­ fact that the modern gold rush of today ls The Soviet merchant marine serves as the tration? Obviously, the Individual elements toward the challenging last world frontier. spearhead of her foreign policy, and even of our merchant marine are competing with Talk to your stock broker if you are not con­ more than her navy, reveals her global am­ the total economic power of the Soviet Union. vinced that what I am saying is accurate­ bitions. Her pattern of commerce and trade And their tactics are rough and tough. If your fabulous California gold rush of '49 is objectives convey intentions that extend our shipowners and shipbuilders do not re­ now exploding to the entire world of water. world wide. To protect this trade they are ceive support-competitive incentives-from Whether it was slothful thinking, sporadic building a global navy-a navy that can pro­ our government, quite evidently they will strikes, the indifference of the decision mak­ ject its powers overseas and contests our will be driven off the seas. And this is ex­ ers in our government, the failure to compre­ control of the seas. actly what is happening. Subsidies in the hend the vital importance of the merchant To meet the mounting menace, how does shipping business have come In for consid­ fleet brought about the present plight. What­ our merchant fleet planning shape up? Cur­ erable discussion in our press and In the ever it was, and it was many things, bold rent thinking on the U.S. merchant marine Congress. For the most part, these are open imaginative plans are needed now. is pegged almost exclusively to two points. subsidies and are modest compared to the In terms of the American touch, the al­ First, the defense needs and second, the less visible subsidies of other segments of the most flawless flight to within 60 miles of the U.S. import and export trade. The policy economy. Deploring the spending of funds moon by Apollo 8 shows there is st111 plenty position for the latter is "to support and for subsidies, we tend to beat labor across of vitality in the American people-when expand U.S. commerce and carry a fair share the knuckle for forcing this kind of sup­ they are pressed. I watched the launch at of U.S. cargo." That's hardly good enough port-though obviously Indulging in an Cape Kennedy: What a marvelous experi­ to meet the challenge and reap the great oversimplification. Subsidies somehow don't ence! As I watched the rocket soaring into rewards of the exploding market. have a good American ring. Semantically, space, to myself I humbly thanked StaUn, Perhaps instead of thinking of the U.S. they are poison and therefore we sometimes Khrushchev, Brezhnev and Mikoyan. Who merchant marine we should think of the forget our admirable role as the pace-setters launched Apollo 8? I would say, "Unques­ "U.S. maritime transportation industry," the in bullding up the standards of living !or tionably Sputnik". The Soviets touched a goal should be to compete aggressively for the entire free world. sensitive American nerve-we can't stand a world markets for U.S. built ships and for a Americans don't like to put their money second place position and that is good. The proportion of the total world ocean shipping. on a "sick man" and they constantly hear psychological shock of Sputnik's first spin Look for a moment at the U.S. air lines that our Merchant Marine, rusty and poorly in space awakened this Nation. And Apollo industry, they did not achieve their present painted, is going down the drain. You don't January 28, 1969 EXTENSIONS OF REMARKS 2027 buy much stock with that kind of com­ structlon. America must go after the mer­ tlonal championship and twice were runners­ mercial. Not that this ls a Madison Ave­ chant marine market by building a mini­ up. Two girls from this high school earned nue problem, but our self-image at sea re­ mum of 100 ships a year for at least the national championships in extemporate quires repair. Our plight on the oceans Is next decade. speaking. Elgin won conference titles in de­ largely a problem of understanding but Fourth is the fostering of oceanic edu­ bate nine times. Americans, as a rule do not like to look cation in our school systems to give our WEPS was the first educational FM radio too deeply into complex problems. youth as good a subject grounding in the station to begin broadcasting in Illlnols, and Every kid ln England, and Japan has seas as they now receive on the land en­ was the fourth to be started in the entire grown up knowing what the Merchant Ma­ vironment. The sea grant college program country. rine means to their nation. They see a lot must be pursued with the utmost vigor to The EHS Band once performed under the of ships. They learn early in life what these mobilize the best minds of this Nation; the direction o! John Phillip Sousa. ships mean in money. It's ln their blood. scientists, the scholars, the student ln the Two Elgin golfers have won state cham­ This ls the reason why I say we have got to pursuit of oceanic solutions to the pressing pionships. start with some grass roots education lf this problems of state. I know I don't have to Maroon baseball teams have had only one island country ls going to capitalize on the remind you that ln recent history when great losing season in the last twenty-six years of economics of the oceans. Americans simply powers lost control of the seas, they lost their play. don't understand how much they are af­ greatness. Consider the examples of Spain This year's football game with West Aurora fected by world trade and what lt means to after the defeat of the Armada, France after will be the 75th contest in a continuous ri­ their individual pocket books in dollars and Trafalgar, Japan after Midway, England after valry tha t dates back to 1894. Elgin has won cents. the exhaustion of two world wars. 33, lost 32, and tied 9. The pragmatic economist and most of the My final point is the proposl\J. for the cre­ Maroon basketball teams were the first to scholars and scientists, just as Mr. John Q. ation of a Maritime Manhattan project. win the state title twice in succession. They Citizen are land-bound ln their thinking With a concept that follows along the lines have won outright or shared conference and ln their interests, too, they must be that produced the atomic bomb. This would championships twenty-one times. They have lured to look inquisitively at the oceans. stimulate the revolutionary technological gone "downstate" thirteen times, and have The oceans must be brought to the Amer­ advances in seabased systems that this Na­ won 25 district and regional championships. ican people ln a way to highlight the tre­ tion is capable of achieving-in our 20th Elgin varsity elevens have won clear or mendous oceanic opportunities and the ab­ Century. Obviously, I am thinking in terms shared ten conference titles. Three times they solute requirement now to seize the sur­ of the swiftest, most modern, streamlined have had undefeated, untied seasons. The rounding waters. merchant and naval ships, the kind that 1900 team, averaging 139 pounds per inan, For the past 18 months, I have toured the can compete for and maintain a strategic was unscored on its first seven games, and greater part of this Nation. I have talked mastery of the environment of the oceans. then had the termerlty to challenge the big largely about Viet Nam, as part of the global A single sentence sums up my proposal, Minneapolis Central IDgh School, whose strategy as well as local tactics. And I might "the security and prosperity of the United team averaged 190 pounds. (That ended the add that I have been frank and critical of States and its allies depends increasingly on undefeated season.) the way we have waged this war. Had our the military, economic and political exploi­ Maroon light-weight football teams from Government functioned under an oceanic tation of the world oceans." If we pursue 1927 through 1933 won 50 games, lost 2, and doctrine and had the maritime concept this program with vigor, vision and determi­ tied 3, scoring 1,111 points to their oppo­ been understood and accepted, Haiphong nation, I am confident that our flag will fly nents' 110. During this period they rolled Harbor many months ago would have been with pride worldwide in recognition of up 29 consecutive victories. The 1939 light­ blocked to the Communist ships that have American supremacy of the seas and our weights were undefeated, untied, and un­ carried the arms used to kill our men. As a mastery of the world ocean. But above all, scored upon, no foe ever penetrating the consequence, the war would have long since America will be made prosperous and secure. Elgin ten-yard line. been successfully terminated. At least we Two former Elgin football players had would have talked on our terms rather than careers in the National Football League. One was an All-American for A:rmy and from a pusillanimous position that we have A PROUD CENTENNIAL FOR ELGIN been led into at the peace table confron­ played in the first East-West shrine game. tation. HIGH SCHOOL Another was an All-Western guard for Notre What has impressed me most has been not Dame. Three former Elgin basketball play­ the handling of the war by our political HON. CHARLOTTE T. REID ers have played professionally, and three for­ leadership, but the spirit of our American mer Elgin baseball players made the major fighting men-the youth of our Nation-in o:r ILLINOIS leagues. the fox holes of this distant battlefield. IN THE HOUSE OF REPRESENTATIVES Our 96 graduating classes have produced more than 18,000 alumni for service in all Their messages came through loud and clear Tuesday, January 28, 1969 ln the signs they paint showing the mar­ walks of life. More than twenty holders of velous morale, the spunk and spirit of Amer­ Mrs. REID of Illinois. Mr. Speaker, EHS diplomas have been listed in Who's Who ican youth. this year one of the oldest public high in America. Elgin graduates include the Chairman of the Board of Directors and chief DEVELOP SIGNS IN VIETNAM schools in Illinois, the Elgin High School, executive officer of General Motors Corpora­ From the vantage point of the youthful celebrates its centennial-100 years of tion (James M. Roche '23); the President of American viewing our fortunes at sea--there dedicated and successful pursuit of the Encyclopedia Brlttanica, Inc., (Charles E. is room for much optlmlsm in the prospect slogan, "Education for All." Swanson '46); a former Vice President of for the oceanic future. Unquestionably, this In observance of this proud milestone sears & Roebuck (Max Adler '83); and a shows our destiny ls oceanic. in the life of the Elgin community, and Vice President of Republic Steel Corporation To you friends of this distinguished group under leave to extend my remarks in the (William J. DeLancey '34). ln this delightful world port of San Fran­ RECORD, I include the following article EHS contributions to scientific advance­ cisco, I propose for your consideration the ment include a member of the research team following five point program to give our from the Elgin High School "Mirror" of that developed nylon (Dr. Paul J. Flory '27); merchant fleet a preeminent world oceanic Septem~r 13, 1968: an internationally known bacteriologist and position. THE CENTENNIAL CHALLENGE authority on foodborne diseases (Dr. Gall M. First, and foremost, ls the formulation of Elgin is one of the oldest continuously ex­ Dack '18) ; and a leading pioneer ln the new national maritime policy providing positive isting publlc high schools in the state of field of aerospace medicine (Dr. James N. incentive to gain a competitive maritime Illinois. Our Centennial ls worth observing, Waggoner '43). position on the oceans of the world. The however, not simply because we have a longer One EHS alumnus, Frederick Upham failure of our Government to formulate basic history than most other schools, but also Ada.ms '76, not only invented the standard policy is the most critical element ln clean­ because our past ls filled with a proud record electric street lamp post and designed the ing up "the mess of the past in our mer­ of achievement that may inspire present stu­ world's first streamlined train that broke all chant marine." This policy undergirded by dents and teachers to work toward an even existing speed records, but found time to be an oceanic doctrine to guide our Government better future. one or the first successful advocates of antl­ ln the military and merchant marine and Elgin IDgh's accomplishments have been alr pollution measures and to write more oceanic research and education. outstanding in many areas, and our gradu­ than a dozen books on economic and politi­ Second is strategy. Our Nation must orient ates have included men and women of great cal questions. its national strategy to the oceans of the distinction. Here ls a partial list: Five Elgin graduates became Admirals in world, just as the Kremlin has done in re­ Elgin has been continuously accredited by the United States Navy, one of whom (Frank cent years. In so doing, our planners must the North Central Association since 1898, and O'Beirne '21) was commander of the Atlantic recognize the valid need, both military and lt has had a long record of scholastic excel­ Fleet's air force. At Pearl Harbor, on Decem­ economically, of a modern, competitive lence. From 1900 through 1922 lt was one of ber 7, 1941, one EHS alumnus was com­ merchant marine that confidently sails the the ten largest high schools ln the state out­ mander o! Patrol Squadron 22, another was seas and carries a preponderant portion of side of Chicago, and !or more than sixty executive officer o! Patrol Squadron 21, and the burgeoning world commerce. years It was the largest in Kane County. still another was executive officer of the And my third point ls, therefore, ship con- Elgin debate teams have captured one na- destroyer Dewey. CXV--129-Part 2 2028 EXTENSIONS OF REMARKS January 28, 1969 More stgniftcant than these marks o! emi­ stitution and violate sound tax principles nence 1s the !act that Elgin Wgh has steadily from the Stamford Mirror-Recorder of pursued the dream o! its slogan, Education of evenhandedness. January 22, 1969, with reference to the !or All, through a century o! change. Our In addition to representing a serious great need for improvement in our mail student body has included representatives threat to our Nation's economic life, the service. from !amllies, of varied racial and national present system has created among our FASTER MAIL SERVICE origin, religious faith, and socio-economic taxpayers a highly undesirable attitude. There's no doubt, some people get fed up status. Like America itself, Elgin High has Faced with unfair and unworkable rules, with mall service. We realize the postal de­ been a symbol of equal opportunity. Former taxpayers generally have developed a partment will be busily tearing down LBJ students have grown to maturity In our class­ to pictures In its some 40,000 offices and hanging rooms and on our playing fields and floor. widespread resistance the assumption new frames ot Richard M. Nixon. What are you doing to improve upon the of State tax liabilities. Rather than file Locally, however, mail service coming Into Elgin tradition? A centennial honors the tax returns under circumstances in which the Stamford office 1s anything but satisfac­ past, but it challenges the present. the tax itself is often exceeded by the tory. Mall from Hobart or South Kortright to cost of preparing the return, taxpayers Stamford 1s routed to Binghamton then to in many cases have understandably dis­ Albany and out to the local office. South regarded the State and local laws. If this Kortright news !or the M-R was malled STATE TAXATION OF INTERSTATE situation is to be remedied-and State Monday morning and received In our offlCA COMMERCE-UNFINISHED BUSI­ Wednesday morning of last week-a distanCA and local tax laws complied with-Con­ o! about eight miles. NESS FOR THE 91ST CONGRESS gress simply must provide a system of There is a mail truck from Oneonta to the uniform rules which are both workable Harpersfield postoffice which runs twice a day. and equitable. This truck carries mail from the west out of HON. PETER W. RODINO, JR. The bill which I have introduced is the Binghamton postoffice including Hobart, OF NEW JERSEY clearly responsive to the national need South Kortright, Bloomville, etc. Since this IN THE HOUSE OF REPRESENTATIVES and will be of enormous benefit to the truck comes as near as four miles of Stam.­ Tuesday, January 28, 1969 countless number of small businesses ford, It would only seem feasible, Stam­ which are so desperately in need of relief. ford could receive mail from it, being a first Mr. RODINO. Mr. Speaker, I have in­ 0 At the same time it is a bill which will cl~leit:; Hobart to Stamford travels troduced the proposed Interstate Taxa­ benefit all of the States of the Union by :,i~ tion Act--a measure which is sorely approximately 305 mlles to reach a desti­ providing a system for the taxation of nation four mlles away. Using the Oneonta needed to relieve our Nation's small busi­ interstate commerce which can be eco­ mail truck, it would only travel a.bout 180 ness communities of crippling and un­ nomically and effectively administered. mlles. Local mail service would improve 1f the necessary tax burdens. H.R. 3835 which I As the new chairman of the subcommit­ postal department revamped its schedule have introduced is identical in all re­ tee which wrestled with the complex to include this route. spects, except for technical details, to problems of State taxation of interstate the bill which was passed by the House of commerce for many years, I am person­ Representatives in the 90th Congress by a ally convinced that the bill strikes a fair vote of 284 to 89. and proper balance so that no State wlll PRESIDENT NIXON ASSUMES In broad terms the purpose of this be able to reach too far beyond its own HEAVY LOAD legislation is to preserve, reaffirm, and borders and no businessman wlll be called revitalize one of our oldest and most upon to pay a tax to a jurisdiction in cherished principles-the principle that which he has neither property nor an HON. CHARLES E. CHAMBERLAIN the American market is common to all of employee. As I pointed out last year on OF l'41CHIGAN our States and open to all of our citizens. the floor of the House of Representatives IN THE HOUSE OF REPRESENTATIVES The need for this legislation has been when the bill was passed by us, this Tuesday, January 28, 1969 conclusively determined by an extensive measure represents a compromise be­ study conducted by the Special Subcom­ Mr. CHAMBERLAIN. Mr. Speaker, the tween the legitimate needs of the States inauguration of a new President often mittee on State Taxation of Interstate for revenues on the one hand, and the Commerce of the House Judiciary C'.lm­ constitutes a dramatic turning point in need on the other hand for interstate the history of our country. January 20, mittee. This study was cor:.ducted over commerce to be free of crippling burdens. a 5-year period and was one of the most In reintroducing the bill, I would like 1969, I am satisfied, will be so remem­ exhaustive ever carried out by a con­ to remind all of my colleagues that dur­ bered. As a part of the permanent record gressional committee. ing the course of the Judiciary Commit­ of that day and as food for thought for The study, as well as lengthy hea:ings tee's consideration of these problems this the coming months ahead I wish to bring conducted by the special subcommittee, spirit of compromise was ever present. to the attention of my colleagues the revealed that the free flow of commerce The present bill embodies a number of editorial comments of the Jackson, among our States is currently being im­ features and amendments which were Mich., Citizen Patriot on Inauguration peded by a chaotic system of multiple suggested by the tax administrators Day, which is entitled "President Nixon Stat~ taxation-a system with which the themselves. As a result the balance has Assumes Heavy Load" and concludes: business community is unable to comply become so refined that no State stands President Nixon !aces a monumental chal­ and which the tax administrators them­ to gain or lose more than two-tenths of lenge and is Inheriting a set of problems so selves are unable to enforce. 1 percent of its revenues. At the same serious as to make a strong man shudder. In addition to imposing insurmount­ At the very least, he deserves a chance to time the business community is protected see what he can do and the reasonable sup­ able compliance burdens on the business from chaotic and unworkable tax re­ port of the people and their Congress. A community, the present system of State quirements. prayer !or his strength, courage and wisdom. taxation of interstate commerce is also I strongly supported this measure in also ls In order. replete with inequities that result in the the 90th Congress and intend to give it It is my hope that the Congress will overtaxation of some taxpayers and the my full support during the present ses­ undertaxation of others. In the income pay heed to the sentiments so well ex­ sion because I believe it embodies an pressed in this editorial: tax area, for example, some companies equitable and realistic solution to a prob­ are now taxable on more than 100 per­ lem that, left unresolved, threatens to PRESIDENT NIXON AssUMES HEAVY LoAD cent of their profits while other similarly seriously harm the Nation's business and The concensus among politicians and ob­ situated companies are paying a tax on industry. servers of the polltica.l scene--lncludlng the much less than 100 percent. Clearly this man who dropped the reins o! government at is a situation which Congress has re­ noon today-ls that President Richard M. FASTER MAIL SERVICE Nixon will need all kinds of luck In th.e com­ sponsibllity to eliminate. ing !our years. At the same time the present system It Is possible that the "be-kind-to-Nixon" also contains a number of inequitable HON. MARTIN B. McKNEALLY atmosphere which has prevailed since the laws that give to locally based com­ OF NEW YORK election is due, In part, to a realization that panies benefits that are not available to he is assuming more burdens than any mor­ competitors who are based outside of the IN THE HOUSE OF REPRESENTATIVES tal man ca.n be expected to bee.r. Tuesday, January 28, 1969 The critics who have delighted in cutting taxing State. There is no doubt that such Mr. Nixon to ribbons a.ll these years have laws both run counter to the basic pur­ Mr. McKNEALLY. Mr. Speaker, I am kept their knives sheathed. While a certain poses of the commerce clause of the Con- pleased to include the following editorial a.ir o! good will toward an incoming Prest- January 28, 1969 EXTENSIONS OF REMARKS 2029 dent is in the American tradition, Mr. Nixon appreciated by Mr. Johnson and unquestion­ the supervisors unit of the Redwood Em­ seems to have enjoyed an especially good ably Will be by the new President. pire Association. climate. The very nature o:r America's problems Mel Bareilles was an exceptionally Retl.ring President Johnson may have had prevents President Ntxon from becoming the dedicated and effective public servant. I much to do with the kindnesses being shown dramatic mover and shaker that FDR was 1n his successor. Mr. Johnson has gone to great 100 days, or Mr. Johnson was after his over­ remember so well how he worked around lengths to assist President Nixon and make whelming election m andate of 1964. the clock during the tragic floods of 1964 the transition of government orderly and In every area of national life, from tensions which struck a devastating blow to Hum­ smooth. in the cities to the war in Vietnam his boldt County and the entire north coast This might come naturally to a man who progress will have to be measured in inches of California. His only thoughts then long has worked in the centers of power and instead of vast leaps. were of the people-their welfare and realizes that the national interest should be He Will not be able to get by With merely their property which had been inundated, held high above partisanship. In this regard, talking about solutions and inspiring the dislocated or destroyed during that dis­ Mr. Johnson's conduct and attitude have people with pretty language. He is not that been admirable. type of charming leader who can give the aster. It also is possible that the man who appearance of moving forward while standing I will always remember Mel Bareilles stepped down today is concerned deeply still. This, in Itself, Is not at all unfortunate. as a team player, and I believe this was about the problems he is passing on to his He will face the handicap of a politically a quality he attained very early in life. succesor. unfriendly Congress, but this may not be a Not only was he an avid sportsman and Many inaugurations of new presidents disaster. Michigan's George Romney made a sports enthusiast, but an outstanding have taken place in times of great stress, significant point in a Senate committee hear­ athlete. Mel was the captain of the base­ and even danger. They have happened when ing on his qualification to head the Depart­ ball team at St. Mary's College and went war threatened, when economic chaos ap­ ment of Housing and Urban Development. on to play semiprofessional baseball with peared inevitable. His thesis is that the legal tools are available In many points in history, the changing for solving the problems of the cit ies; that the "Scotia Lumberjacks" in his native of the guard has been welcomed by the results can be obtained If existing programs Humboldt County. The Clausen brothers people. A new :race in the White House and laws properly are used. were teammates and competitors of this has carried With it the promise of better President Nixon Inherits from his Demo­ dynamic and friendly "pepper-pot" who, days. The psychological effect of change cratic predecessors a vast reservoir of presi­ as a catcher, was recognized and re­ often has importance. dential power and Innumerable laws author­ spected by everyone, as one of the "best That is true, to a certain degree today. izing action by the chief executive. His ball players" on the north coast of Cali­ Lyndon B. Johnson, in his parting state­ success or failure as President Will hinge fornia. ments, has pointed With pride to what he largely on his ability to use the power that sees as the accomplishments o:r his admin­ Is his. Humboldt County baseball fans of yes­ istration. Yet he well understands that he The President, for example, has great lati­ teryear will never forget the unbeatable is leaving President Nixon a legacy o:r un­ tude In dealing with foreign aft'alrs, and battery of Mickey McKay and Mel Bar­ solved social and economic problems, a particularly the war In Vietnam. President eilles, aided by such baseball greats as seemingly endless war, a tense international Johnson, using these same powers, made only Joe Casey, Mingo Bianchi, Julio Rovai, to situation, and a host of other riddles. slight progress toward achlevtng peace, along name but a few of the "Lumberjacks." If the politics o:r the transition period with America's objectives, in Asia. President This athletic indocrination instilled in have not been usual It is because this is no Nixon may fare no better because of the Mel Bareilles the "will to win" at an early time for politics as usual. realities of the situation, but he will have his chance to employ new policies and meth­ age-he never lost it. To put it another way, President Nixon He was a fierce competitor, a deter­ Will have a hard row to hoe. ods If he sees flt to do so. The same thing largely applies to economic mined leader, but most important of all­ Americans wm err If they expect miracles simply because Lyndon Johnson, the Demo­ problems, such as Inflation, the crises In the a gentleman on and off the ball field. crat, has gone back to Texas and Richard cities, and so on and on. He was a devoted family man, matched Nixon, the Republican, has stepped to the All of which does not change the basic fact perfectly with his gracious, warm, and pinnacle of power. that President Nixon faces a monumental lovely wife, Mary-who, together gave challenge and Is Inheriting a set of problems President Nixon unquestionably is a man so serious as to make a strong man shudder. much more than they ever received. of considerable ability and dedication and At the very least, he deserves a chance to Mel Bareilles was the same fierce com­ With broad experience In politics and gov­ see what he can do and the reasonable sup­ petitor in the political field, and to know ernment. He is far better equipped from the port of the people and their Congress. him was to respect him because you al­ viewpoint o:r knowledge o:r national and A prayer for his strength, courage and ways knew where he stood on the issues. world affairs and the techniques o:r using wisdom, also Is in order. power than most men who have served the Recently it was my privilige to partici­ nation as president through the years. pate with Supervisor Bareilles during a This, however, does not mean that he Will "Congress for Community Progress" succeed. Yet to be seen Is whether he can MEL BAREILLES: CHAMPION OF THE meeting in his home town of Rio Dell. apply his knowledge and use his power in LITI'LE GUY On numerous occasions, Mel and I an effective way. would hold informal meetings and phone The odds may favor him. He has put HON. DON H. CLAUSEN calls regarding mutual constituent or together a team of advisers and assistants area problems. Believe me, ! can testify which has to be called outstanding. Ability OF CALIFORNIA rather than the paying of political debts IN THE HOUSE OF REPRESENTATIVES to the fact that Mel Bareilles looked after his people. seemed to be the determlnlng factor In the Tuesday, January 28, 1969 manning of the new administration. In looking back as well as to the fu­ At the very least, President Nixon and his Mr. DON H. CLAUSEN. Mr. Speaker, ture, I believe history will record Mel aides Will bring to the executive branch of as a point of personal privilege, I request Bareilles' early pioneering efforts in the government fresh points of View, and new the attention of the Members of the Eel River Association as his greatest solutions to old problems. House of Representatives. I do so to pay a contribution. As a charter member, he A party long In power suffers from an final tribute to a lifelong friend, a trusted was the driving force needed to get this inevltable type of tunnel vision. It tends to very important regional water conserva­ pay too much homage to Its past heroes and adviser and a former colleague in the doctrines. Lyndon Johnson, for example, county supervisors organizations of tion organization off the ground. was a protege and a great admirer o:r Franklin California. Whatever progress is made in the fu­ D. Roosevelt. Much of his thinking on social Supervisor Melvin J. Bareilles of Hum­ ture in bringing about flood control and and economic problems was rooted in the boldt County, Calif., passed away on water conservation project improvements New Deal which long since has grown old. Friday evening, January 17, 1969, as a re­ to the Eel River, Mel Bareilles' name will President Nixon enjoys a certain freedom sult of an apparent heart seizure. I lost be remembered by those of us who know from the past. It is unlikely that he Will one of my closest friends. the total story and his timely contribu­ borrow much from the Eisenhower era be­ tions. cause of the great changes which have taken I knew and enjoyed a close personal place since Dwight D. Eisenhower presided relationship with "Mel" Bareilles for On the night of his untimely passing, over a caretaker type of government which many years. As a former supervisor of Mel Bareilles was doing that which he gave the nation a chance to take stock of neighboring Del Norte County, I worked enjoyed most-representing the people itself and find new directions. President closely with Mel on problems of mutual of his constituency at a public gather­ Eisenhower was not out of place in his time. interest and concern. In addition, we ing. Because of his long and devoted His methods would be inappropriate today, served together on committees of the service to the people of southern Hum­ although his counsel and experience were California Supervisors Association and boldt County, I am confident that the 2030 EXTENSIONS OF REMARKS January 28, 1969 many programs and initiatives advanced with fondness our work and our strug­ this segment of our economy is of deep by Mel Bareilles will be carried through. gles together, and to give us the measure and continuing concern to me. I, for one, stand ready to assist in this of the work we must yet accomplish. The tragedy at Farmington made na­ "follow through for Mel." Lyndon B. Johnson, both in spirit and tional and international headlines and Words are never adequate to express in person, will be with us for a long time brought forth an array of "bleeding the true feelings of one who has lost a t o come. As he returns to his home coun­ hearts" and "instant experts" in the field very close friend. But, I am moved to try to become a great teacher, he will of coal mining. Many of these "instant want to describe Supervisor Melvin J. continue to be our teacher, to help guide experts" have come forward with charges "Mel" Bareilles as the "champion of the us to new dreams and to the means of leveled against the Federal Government, little guy-the common man," and that their fulfillment. labor unions, and industry. The headline includes all of us who came from the hunters have had a field day. Eel River Valley. Last September the President recom­ Mel Bareilles was proud of the red­ COAL MINE SAFETY: THE BUDGET mended that the Congress pass legisla­ woods and the redwood country he lived DISAPPOINTS tion to strengthen mine safety, and last in. Like the giant redwoods, Mel Bareilles month the Secretary of the Interior sug­ wlll be remembered as a "giant of a gested that a revised version of this man"-filled with the highest qualities HON. JOHN M. SLACK measure-to replace the current Federal of honesty, integrity, morality, and ded­ OF WE.ST VIRGINIA Mine Safety Act-be passed. Included in ication to purpose that is characteristic IN THE HOUSE OF REPRESENTATIVES the proposed law are provisions for dust of the great men of our time. For a short Tuesday, January 28, 1969 and methane gas levels and more inten­ man, he wtll leave some mighty big shoes sive mine inspection. Penalties for viola­ to fill. Mr. SLACK. Mr. Speaker, you will re­ tions could be levied against mine op­ My colleagues of the House, this is my call that on November 20, 1968, an ex­ erators. tribute to a lifelong friend, Mel Bar­ plosion occurred at Mountaineer Coal Mr. Speaker, I am wholeheartedly in eilles-a dedicated public servant who Co. No. 9 mine near Farmington, W. Va., favor of the passage of additional mine gave his all for his family, his com­ resulting in the tragic deaths of 78 men. safety legislation-as a matter of fact, munity, his county, and his country. Twenty-two other miners barely escaped I am a cosponsor of this legislation-and with their lives in that disaster. I certainly believe that everything pos­ Much has been written and spoken sible should be done to make the mining since the Farmington disaster. Public of coal as safe as possible. I could not, in THE JOHNSON YEARS demands for new and expanded mine good conscience, believe otherwise. safety laws have come from many quar­ But those of us familiar with mining ters, and Government spokesmen have and its dangers know that most mining HON. RICHARD WHITE asked for increased authority for the deaths do not result from disasters like OP TEXAS Bureau of Mines in the Department of that at Farmington. Most deaths in coal IN THE HOUSE OF REPRESENTATIVES the Interior. mines are the result of roof falls, equip­ It is my privilege to represent one of Thursday, January 16, 1969 ment accidents, and the like. As a matter the largest bituminous coal mining areas of fact, until the Farmington disaster, Mr. WHITE. Mr. Speaker, as we begin in the world. I am, therefore, vitally in­ about 200 miners had been killed in to gain more perspective on the period terested in any developments which af­ 1968, only a dozen of whom died from which will be known as the Johnson fect this segment of our economy. explosions. During 1967, 217 miners were years, the debt which the Nation will for­ The bituminous mining industry is killed, again only 12 of whom were killed ever owe to President Lyndon B. John­ presently operating at a high level of by explosions. son becomes greater. We see around us production, and its outlook for continued In my estimation, however, the recent a nation enjoying unparalleled pros­ prosperity is very promising. There will proposals of many persons in this field perity, more people employed than ever undoubtedly be a growing demand for are aimed in the wrong direction. To be before, and the proportion of unem­ coal tonnage during each year of the certain, adequate inspections and low ployed near an all time low. And yet we next decade. An estimated 500 million levels of coal dust and methane gas are see a nation that is deeply troubled; a tons of coal were mined during 1968, necessary, but they do not go to the root nation engaged in a bitter conflict for and a record 760 million tons annually of the problem. The only way we are which we are seeking an honorable and by 1972 has been forecast. Several in­ going to effectively reduce or eliminate a just solution; a nation with deep in­ dustry officials predict that 50,000 to coal mining deaths is to eliminate, as ternal conflicts and sore wounds that 75 ,000 new miners will be needed in the much as possible, the necessity of send­ must be healed. We are deeply troubled next five years. ing large numbers of men underground. because we are a nation that cares, and Mr. Speaker, the bright future of the As with all efforts to legislate in any the measure of our caring is a tribute to coal industry is a far cry from that which field requiring the balancing of rights the Johnson years, and the great leader­ faced the industry immediately after between groups of individuals, we can­ ship of Lyndon B. Johnson. World War II. At that time homeowners not afford to overlook the fact that an A man thoroughly schooled in politics, were switching to gas, smoke-belching approach based on regulation and en­ which he often viewed as "the art of the railroad engines gave way to diesels, and forcement has some merit, but rarely possible," he taught us that more things thousands of miners found themselves provides the ideal results. As long as are possible than we ever dreamed. In out of work. men go beneath the surface of the earth this great legislative body, he was But now, because of the Nation's soar­ or the sea, they will subject themselves schooled in the arts of the lawmaker; ing demand for electricity, the coal in­ to hazards. All we can expect to do and, deep rooted in the Texas soil from dustry is booming. Some coal companies through legislative action is to marshal which he came, there was a thorough say they have had to hold down produc­ the forces of the Federal Government schooling in the needs of the people. tion because of the lack of miners. The to minimize the hazards. He taught all of us to better use our industry has captured a large share of Mr. Speaker, the national interest re­ skills for the benefit of the people. He the electric utility market, and has signed quires that every effort be made to en­ taught us to erase more and more of the numerous long-term contracts with courage the stability and productivity of barriers that existed between the rich power companies now placing new plants the coal mining industry. Yet, we can­ and the poor, between the educated and in coal fields. For example, the Appa­ not overlook the human element, and the unlearned, and between people whom lachian Power Co. has just begun con­ whatever actions may be taken by the nature had given differing colors of skin. struction on the largest powerplant in 91st Congress to amend or replace the A schoolmaster to a nation of "caring" the world in Putnam County on the Kan­ Mine Safety Act will be directed toward people, he led us to the fulfillment of awha River in my congressional district. the assurance of greater safety guaran­ many dreams, but it is a part of his Mr. Speaker, I cite this background in­ tees for the individual worker who must monument that he left before us the formation to emphasize my interest in go underground. The Bureau of Mines vision of many goals that must yet be an industry that is so vital to the econ­ has worked in this field of activity since fulfilled. It was typical of him that he ap­ omy of my district, my State, and this the first Federal law was passed and will peared before this body to remember Nation. Any action that adversely affects no doubt be responsible for whatever ac- January 28, 1969 EXTENSIONS OF REMARKS 2031 tivity is authorized by any new legisla­ of knowledge in American industry and of former Congressman Paul F. Schenck, tion. This is fitting and proper. channel it into two general areas: First, of Dayton, Ohio. As a new Member of the However, we cannot expect to obtain the exploration of devices which would House in 1962, I became acquainted al­ substantial results from any program be in the nature of the creation of self­ most at once with Paul Schenck and was which consists only of a combination of sustaining climates underground, as has attracted to his studious analyses of leg­ inspection, enforcement, and penalties been done under certain conditions in islative problems and his eloquent and for those who violate the law. We Amer­ the space program; and, second, the de­ convincing debates on the floor of the icans have surmounted problems of this velopment of means, methods, and de­ House in behalf of significant national kind before, and whenever we were suc­ vices whereby much of the mining func­ issues. cessful in that respect, our success was tion could be performed through remote During the 89th Congress I was par­ largely traceable to the skill with which control. This method has been utilized ticularly active in the area of water pollu­ we applied the resourcefulness and in­ successfully in certain atomic energy tion control and participated in nation­ ventiveness of the maximum number of programs and in the handling of danger­ wide investigations of the many ramifica­ talents available to us, both inside and ous and radioactive materials. tions of this critical national problem. I outside the government. Therefore, while What I propose, Mr. Speaker, is that have a distinct recollection of Congress­ the Congress may desire to place addi­ the Office of Coal Research by means of man Schenck's contributions to this sub­ tional authority with the Bureau of research contracts, undertake a broad ject and to the meaningful leigslative Mines so the factors bearing on protec­ systems approach into the problems of measures enacted at that session of the tion of the human being may be coal mine health and safety. This sys­ Congress to help reduce the contamina­ strengthened in his favor, I submit that tems approach should be directed pri­ tion of our water resources. this will not produce a wholly satisfac­ marily toward elimination or reduction I am aware also of the many civil and tory result. of problems and elements which produce public contributions of Paul Schenck, in­ At the beginning of this new Congress health and safety hazards in coal min­ cluding his leadership in the Boy Scout and a new administration, I propose that ing operations, and thus prevent or re­ movement and many other useful services additional efforts in the field of coal min­ duce the incidence of accidents, dis­ to the community, State, and Nation. ing safety be initiated-efforts which can asters, and industry-associated diseases. I am proud to join in this tribute to be pursued parallel to legislative action The new budget would give the Bureau former Congressman Paul F. Schenck, to tighten the Mine Safety Act. I believe of Mines $3,337 ,000 for health and safety and to extend to his widow and to other that the Office of Coal Research could research. This money would permit fur­ members of his family this expression be utilized extensively in the field of ther exploration of correctives for cer­ of sympathy. mine safety. This organization began tain elements of mining which are functioning with funds appropriated for known causes of accidents. There is no fiscal year 1961. It has had a consistent indication that this activity would break history of inadequate funding, although new ground in mine safety work. TILLMAN COUNTY MOVES TOWARD many of the contract research under­ There are 6,500 mines operating at BALANCED ECONOMY takings which have grown out of its present. The Bureau of Mines has 251 stimulus offer very promising prospects mine inspectors. If the full budget re­ HON. TOM STEED for the future. quest is granted, the Bureau plans to add The assigned mission of the Office of 48 more inspectors. In the budget docu­ OF OKLAHOMA Coal Research is to explore avenues ment it is stated that the Bureau "hopes IN THE HOUSE OF REPRESENTATIVES which will make coal more competitive to inspect, at least once annually, every Tuesday, January 28, 1969 with other fuels by reducing the cost of underground coal mine." Mr. STEED. Mr. Speaker, Soll Con­ production or transportation, or by find­ Mr. Speaker, I submit that the Bureau servation, the official magazine of the ing new uses or additional markets. has an almost hopeless assignment. A Soll Conservation Service, took notice in Funds appropriated to the OCR during resident Federal inspector at every one its December issue of the economic recent years have constituted an insig­ of the 6,500 mines would be required to achievements of Frederick and Tillman nificant proportion of the total budget, maintain a reasonable assurance of safe County, Okla. or, in fact, of the budget of the Depart­ conditions, on the basis of our present "Industry: Take Notice" is the title of ment of the Interior. In fiscal year 1969 level of knowledge about mining, its the article, which describes how Tillman OCR requested $17.8 milllon, but this methods and its hazards. County uses quality labor and space to amount was reduced to $13.9 million by So we face a clear choice. Either we help attain a balanced economy. the Bureau of the Budget. OCR found will have more regulation alone, signify­ The magazine credits Tillman County itself with $13.3 mllllon for contract re­ ing a willingness to continue the present with achieving what hundreds of other search after action by the Congress. course, or we will reach out with wholly communities have been talking about. Prospects for 1970 appear to be approxi­ new determination to achieve a break­ As vital as any issue we face today is mately in the same vein. The OCR re­ through in mining safety. the question of how to make viable the quested $17 .4 milllon, and the Budget It is my conviction that we must turn economy of our rural areas, to permit Bureau reduced this request to $13.3 loose on these problems not only the hall of our people to live in a rural small­ million. Federal efforts which may be admin­ town environment as they want to do. On Mr. Speaker, it should be pointed out istered through inspection and enforce­ this subject I am sponsoring the bill to that the Office of Coal Research is ad­ ment programs by the Bureau of Mines, provide a tax incentive to industry to ministered by a handful of specialists but also the full potential of American locate in such areas. This step should be and that administrative and supervisory industry itself. There is no better way in taken, and many others as well. costs consist of less than 4 percent of the which this can be done than through I enter herewith the full text of the funds appropriated. In other words, of contract research programs of the Office Soil Conservation article, a constructive the $13.3 million appropriated to OCR of Coal Research, and I will therefore contribution to this field and a well­ for fiscal year 1969, over 96 percent is to urge my colleagues to favorably consider deserved tribute to Tillman County: be used for contract research designed to appropriating an additional $i million to OCR for this purpose for fiscal year 1970. INDUSTRY: TAKE NOTicm-0KLAHOMA COM­ bring into the coal research field some MUNITY USES QUALITY LAlloa AND SPACE To of the best brains in American industry BALANCE FARM ECONOMY and to encourage them to approach THE LATE HONORABLE PAUL F. A wheat-and-cotton community 1n south­ problems which have defied solution in SCHENCK western Oklahoma has done what hundrede the past. of other communities 1n America are talking I propose that the Congress appropri­ about. ate for fiscal year 1970 the sum of $5 mil­ HON. ROBERT McCLORY It has taken a lot of the ups-and-downs lion above and beyond all regular funds 0:1' ILLINOIS out of its economy. No longer ls there a steady outflow of scheduled for contract research in the IN THE HOUSE OF REPRESENTATIVES Office of Coal Research. These funds people. Thursday, January 23, 1969 Small farmers are no longer selling out, should be earmarked definitely toward either to big farmers or to other small farm­ the pursuit of contracts which would Mr. McCLORY. Mr. Speaker, it is with ers who found themselves with holdings too draw further from the specialized fields sadness that I have learned of the passing small for a living from farming alone. 2032 EXTENSIONS OF REMARKS January 28, 1969

A NEW ORDER The newest arrival on the industrial scene As you know, this Executive order And downtown the merchants report a ls a fl.rm which specializes in overhauling Jet marked the turning point in the Govern­ new order of business, a stability unknown aircraft engines. It employs 90 workers now, ment's relations with its organized em­ before. and officials expect to increase the number ployees-particularly postal employees. The area-Tillman County, with Frederick to 250. It was timely-in fact it was long over­ its seat of government--has attracted indus­ A stone-working fl.rm employs 66 workers try to the point that everybody in the county and uses 6,000 square feet of space. Its prod­ due-and it was very much needed. who wants to work in one of the plants is ucts are in national demand. Company heads Under its provisions, collective bargain­ working t here. say plans call for the production of structural ing and union recognition in limited Some workers are even commuting from stone soon. form were finally accepted as legitimate surrounding counties. A new garment factory has entered the expressions of the labor-management And Paul McLellan, the man the local resi­ field with 30 workers employed 1n an almost scene in the Federal structure. dents say is mainly responsible, says that if completely automated plant. During the intervening years more any new industries want to come to Freder­ Two of the local industries are associated with agriculture. There are four feedlots with than 12,000 local agreements have been ick people wlll have to move into the county reached with management in the postal to work in t hem. That means growth, and a total capacity of 18,000 head. One or the Frederick's Chamber of Commerce, which flrms, on the highway east from Frederick, service. The Executive order has achieved from the beginning has given strong leader­ is the second-largest In Oklahoma and is stlll its purpose, perhaps beyond even the ship to the upward push, ls preparing for it. expanding. It now has a capacity of 15,000. imaginings of the distinguished panel of Agriculture, of course, ls still Tillman A new fert!llzer and agricultural chemical public servants who drafted it after County's leading industry. The county ls fl.rm operates a bulk fertilizer blending plant extensive hearings in the early days of fifth in land in agriculture in the state. and ammonia storage and handling facllltles. the Kennedy administration-men like Wheat ts its leading cash crop with cotton The feedlots consume more feed than is raised In the county. The practice of soil and Arthur Goldberg, Robert McNamara, second. Grain sorghums and alfalfa are be­ Willard Wirtz, John W. Macy, Jr., and coming more important. The county leads water conservation has encouraged the shl!t in Oklahoma in the output of alfalfa seed. to pasture, forage production, and livestock others. Interest in livestock-there are abouJt 60,000 as a more efficient use of the land resource. But time marches on. The medicines head of cattle, mostly beef, aside from those Irrigation from wells, with farmers using the compounded for one point in time are in feedlots-ts growing. technical skills of the Soll Conservation frequently outmoded by progress. And Most of the county's 1,001 farmers are Service to develop conservation systems and experience brings to light weaknesses not working on or have completed conservation do other conservation work, ls claiming in­ always anticipated. After 7 years, the farm plans. Woodrow Bohannan, chairman creasing interest. Laxton Malcolm, Tillman County's exten­ progress achieved under Executive Order of the Tillman County Soll and Water Con­ No. 10988 has come to a paint of stale­ servation District, estimates that conserva­ sion agent, says the average size of farms in tion work done by the landowners is con­ the county has been growing over the years, mate. tributing $500,000 a year to the local reflecting the national trend. However, the Basically, the problem is inherent in economy. rate of increase ls considerably less now that the nature of the Executive order. It has QUALITY OB' LABOR landowners have access to additional income no statutory root. It exists at the whim from Industry. The average size of farms now of one man-the President of the United In the seven s1D11.ll industrial flrms in is 500 acres. In 1945 the 2,081 farms averaged Frederick there are 700 employees. Well over about 240 acres. States. I am not suggesting that our new 600 of the employees are from farms. In The movement of labor from the farms to President is likely to turn the clock back. many cases the farm wife, too, ls employed the Industrial plants has worked a degree of I am suggesting that a mechanism which in one of the plants. hardship on some of the farmers. However, involves the welfare and working condi­ The quality of labor was one of the fac­ the use of larger equipment has helped to tions of the Nation's 700,000 Postal em­ tors attractive to the operators of the in­ solve the problem. dustrial plants in considering the area. The ployees ought to have and, indeed, must "What we h ave done hasn't all been roses." have ultimate legislative sanction. employees learn quickly the needed skills Bohannan, the soil conservation district and are glad to have the chance at income board chairman, said. "But we have worked In any event, the Executive order has which wm mean they can keep their homes. together. I don't know of any town our size one fatal weakness-it has no teeth. It Space was another factor. Frederick had that has moved ahead with such energy to is weighted against employees and there established an industrial park with ample attract industry. We are happy with our is just nothing they can do about it. Its room for expansion of facllities. progress. provisions may be freely violated by Acce1,s to markets was a third. Two rail­ "The advantages of having industry here management--and such, sadly, has been roads and a modern highway system serve to balance our agricultural income far out­ the case. There is no equilibrium. Man­ the area. weigh the disadvantages. Industry shares the agement is the prosecutor and the judge The community began the effort to bring tax load and as a result we have better balance into its economy as long as 15 years schools, highways, and public fac111tles. I and jury. This kind of imbalance cannot ago. think we wlll find it has meant faster prog­ work-and is not working. "We knew we had to Blttract industry," ress with our resource conservation work, too. My bill would redress this injustice. It explained McLellan, a Frederick resident from is a similar but improved version of H.R. early chlldhood. "We decided 11.r&t to flnd out 460 which I sponsored in the last Con­ what it would take to get it here." gress. As a matter of fact, somewhat sim­ A flrst step was a request by the Frederick SUPPORT OF LEGISLATION TO ilar bills have been introduced in the Con­ Chamber of Commerce to the Agricultural­ gress for the past 20 years-long before Industrlal Service of Oklahoma State Uni­ ESTABLISH POSTAL EMPLOYEE versity at Stillwater for an area survey. The LABOR-MANAGEMENT RELATIONS the issuance of the Executive order in survey showed a top-heavy cash crop in­ question. This bill sets up an orderly pro­ come with a low percentage from livestock. gram of administrative procedures and It also showed a need to improve school HON. DOMINICK V. DANIELS appeal mechanisms while spelling out faclllties and to provide for additional cul­ OF NEW JERSEY the rights and privileges of both labor tural and recreational advantages. IN THE HOUSE OF REPRESENTATIVES and management within the postal serv­ Frederick leaders promptly formed Fred­ ice. It provides for compulsory arbitra­ erick, Inc., an industrial foundation and set Tuesday, January 28, 1969 tion of disputes and establishes an in­ about to meet the conditions outlined in the Mr. dependent Labor-Management Relations survey. McLellan directs the foundation's DANIELS of New Jersey. Mr. affairs. Speaker, one of the most urgent issues Panel to handle such matters patterned Soon industry started to take notice. facing this new session of Congress is an after the procedures which have gov­ The second largest industrial employer to old ailment. Hopefully, it will be cor­ erned labor-management relations in set up a plant in the new industrial park ts rected by this 9lst Congress. All that is private industry for more than three a leather goods manufacturer. The fl.rm em­ needed is a set of dentures in legislative decades. ploys 225 men and women at the local plant form. The bill that I have introduced There is nothing in it that is revolu­ and at a subsidiary in Tipton, a neighboring today fills that need. But the prescription tionary or untested. On the contrary, it community in the county. The company has now requires the endorsement of this merely extends to the postal employee expanded twice and soon wm add space for 50 additional workers. body. some of the basic protections which have Another company, manufacturing women's Simply stated, I am urging you to put long since been enjoyed by his counter­ garments, started 5 years ago with 10,000 teeth into Presidential Executive Order part in the private sector. square feet of space and 25 workers. It has No. 10988, first promulgated by the late On one count, however, it is quite dif­ expanded four times and now has more than President John F. Kennedy and con­ ferent from law existing in the private 135,000 square feet with 350 operators. It tinued in effect by President Lyndon B. sector. My bill does not, either by impli­ has an international market. Johnson. cation or design, weaken or water down January 28, 1969 EXTENSIONS OF REMARKS 2033 the existing statutory prohibitions lie interest. It seems to me that in the final At that time we were still ill prepared to against the strike weapon in the postal analysis such a critical and important wage such a. war. Our Army had less than mechanism must have the legitimacy of Fed­ 200,000 men in uniform. Our Navy had 35,000. and Federal service. I want to make that eral law. Congress alone ha.s that power. It ls Our Air Force had 55 training planes, 51 of clear because there has been a lot of mis­ past the hour o! midnight. It ls time we exer­ them obsolete. The Air Force had 65 officers, understanding on this score. cised that power. only 35 could fly. The papers lately have been full of America accepted a "dra!t" plan on April stories about "unrest" among Govern­ I request the consideration and sup­ 28, 1917-only 21 days after declaration of ment employees generally, but partic­ port of my distinguished colleagues in war. Only we did not call It a "draft"-we ularly among the postal unions and the behalf of the legislation which I am called it "conscription". The conscription approximate 700,000 employees they introducing today as the "Postal Em­ plan had its strong opposition. Even the ployee Labor-Management Act of 1969." Speaker of the House, Champ Clark, said, represent. Such adjectives as "im­ "There ls precious little difference between a patient," "restless" and "unsettled" are •conscript' and a convict." used to describe their current mood. I THE 50TH ANNIVERSARY OF END But America went ahead With the plan have been close to the leadership of these OF WORLD WAR I and on June 5, 1917, we registered all the unions and close to their rank-and-file ma.le citizens between 21-30. To call men members during recent years, and I can up for service a "lottery" system was used. tell you that these adjectives, in many HON. BOB CASEY Secretary of War, Newton D. Baker, had the OF TEXAS numbers put in a "fishbowl" at the White instances, are correct. House and drew the first number. It was But I can also tell you that the over­ IN THE HOUSE OF REPRESENTATIVES Number 258. That was the number of Leo whelming majority of our postal employ­ Tuesday, January 28, 1969 Pickney (a Negro). He went in and later ees are dedicated, patient, and have no served with distinction overseas. In recent fundamental urge to strike or otherwise Mr. CASEY. Mr. Speaker, on Novem­ years he said "It was the only lottery I ever violate the law. Rather, they have an ber 11, 1968, Veterans Day, the veterans won. It wa.s alright with me being first. I had abiding faith in the Congress as their of World War I heard a moving speech no intention of asking for a deferment." last court of appeal for equity and justice. by the Reverend Dow H. Heard, D.D., (Incidentally Leo Pickney, years later, was chaplain, Department of Texas, Ameri­ Oommander of American Legion Post # 1096 We must not let them down. in New York.) (All Veterans should belong to Moreover, postal employees are not the can Legion. In this time of dissent and some Veterans orga.n!zation.) only restless areas in Government. There protest, I feel his words hold particular But back to that war. We sang "The Yanks is also a widespread sense of "exaspera­ meaning on the true spirit of our in­ are Coming". We sent 2 million troops-or tion" among many high-ranking postal volvement to preserve freedom: 29 divlsions--and held 13 divisions in reserve. officials who feel that the employees THE 50TH ANNIVERSARY OF END OF WORLD We bought Liberty Bonds. Some bought the should be more grateful for the higher WAR I Savings Stamps. Many planted "Victory Gar­ wages and improved benefits of the past (Address delivered November 11, 1968, a.t dens" in their yards. 8 years-and even for the Executive Veterans Administration Cemetery, Hous­ To be sure, we had some "draft dodgers"­ ton, Tex., by Rev. Dow H. Heard, DD.) Then we called them "slackers". order itself. It is, I suppose, a very human Recruiting grew more intense. A big poster reaction. Mr. Commander Miles Wasson, and all designed by James Montgomery Flagg was But that kind of exasperation is also Veterans and guests: posted in every public place. It wa.s a head a product of blindness. Wages and bene­ I hold in my hand an old newspaper­ and shoulders picture of Uncle Bam-wlth fits have risen but so has the cost of living yellow With age-at the top it says: his tall stovepipe hat and With his piercing "Extra-S:00 a .m.-Extra, San Antonio Ex­ eyes looking straight into yours and his long, whose first victims are always those in press, Monday Morning, November 11, 1918." the lowest sector of salaries-including bony forefinger pointing directly at you, with You ca.n see in big, black, boxcar size this message undernea.th-"I want you for our dedicated postal clerks, letter car­ letters its headline of three words--that the U.S. Army." riers, and other low-paid postal workers. sa.ys-"Germa.ny Gives Up." The war raged on. Named places never Far worse, however, has been the de­ The story begins (quote): 'The world wa.r heard of by Americans became household terioration, especially at the local level, will end this morning at six o'clock Wash­ words in our country because of the bravery of even the limited processes of consulta­ lngt.on time, 11 o'clock Paris time. The an­ and victories of our soldlers---Belleau Wood, tion available to employees and their nouncement was ma.de by the State De­ Meuse-Argonne, Chateau-Thlerry, the Marne partment at 2:50 o'clock this morning-". and Verdun. unions in the postal service on legitimate This ls the way we got the news in the days questions of policy affecting working We learned some new names, the big before radio and television. names, of the leaders, and still recall them. conditions. The news wa.s received by all the people In Britain It was David Lloyd George and Mr. Patrick J. Nilan, known to many of With great emotional envolvement, excite­ Sir Douglas Haig, the hero of the British you as the able National Legislative Di­ ment and unrestrained Joy, more perhaps "tommies." In France it was George Cle­ rector of the United Federation of Postal than ever before experienced in America . . . menceau, Fercllnand Foch, Commander-in­ Clerks, has summed up the situation very Bells were rung . . . Guns were fired . . . Chlef, and Papa Joffre. In America. it was Cheering crowds swaxmed into the streets, eloquently in a recent speech, from which John J. Pershing and Sgt. Alvin York. In I would like to quote. He says that-- dancing and singing . . . Some were weep­ Germany it was Kaiser Wilhelm II, Von ing ... Others were laughing. No non-par­ Hindenburg and Von Ludendorff. When Postal management makes all the ticipants were observed. Everybody got into decisions unilaterally •.. when the clear the act. It was a war in which we won, as we have intent of Congress ls flouted by management in all our wars. America was in the war only How many of you recall that day? Where 18 months. But let us never forget that we in its interpretation of such basic laws as were you on November 11, 1918? It was called Public Law 89-301 governing work weeks In Armistice Day. clld not win It alone. It cost us a lot. It cost the postal service . . . when management others more. It was a. war in which 13 milllon Some of you will recall some stirring days men died. philosophy ls rooted in a "Heads-We-Win, even before that. The days in 1914, '16, '16 Tails-You-Lose" concept of justice ... when there was some excitement a.s American United States had 107,284 kllled. when unions are compelled to seek from the soldiers were cha.sing Pancho Vllla along its Brita.in had 807,451 killed (8 times as courts the equity they are denied at the southern borders. I lived near that border in many). bargaining table . . . there ls bound to be Uvalde County. France had 1,427,800 kllled (13 times a.s some restiveness. In those days America wa.s trying t.o be many). neutral in the great war going on in Europe. Russia had 2,762,000 killed (25 times as Even allowing for the bias of a very But German might and arrogance and stu­ many). able advocate, it must be recognized that pidity finally forced us in. Germany's unre­ Germany had 1,611,104 killed (16 times as the structure created under the Execu­ stricted warfa.re on the high seas, the sink­ many) . tive order is simply unfair, weighted, and ing of the Lusitania, and her intrigue With And It cost us $30 billion. tilted to a disturbing degree. Mexico in January, 1917, f,'here she offered It was a wa.r that changed the history of President James H. Rademacher, the to give Texas, New Mexico and Arizona t.o the world. It destroyed four empires: The very able president of the Nat)()nal Asso­ Mexico if she would declare war on us. German Empire, The Austro-Hungar1an, the ciation of Letter Carriers, has also ex­ We declared war April 6, 1917. The Senate Ottoman and the Russian. voted 82 to 6-and the House voted 373 t.o 50. As I said, we did not win World War I perienced the same difficulties and frus­ President Woodrow Wilson said, "The time single handed, but we were the strong straw trating problems which Mr. Nilan re­ ha.s come to conquer or submit. For us there that tlnally broke the back of the mllltary ferred to in his recent speech: 1s but one choice. We have made it." enemy. Without us our allies would probably It ls one thing to "give" employees a tem­ Mr. Wilson ha.d his critics. There were have failed. In that event we could have porary bargaining machine subject to revoca­ pacltlsts, and crusades organized and a march been crushed later by the combined force of tion at any point in time; it ls quite an­ on Wa.shingt.on by 3,000 persons. Congress a. hostile world. The clear lessons of history other t.o make it work fairly and in the pub- refused to see them. teach us that we must always have allles, 2034 EXTENSIONS OF REMARKS January 28, 1969 whether we like all they do or not. Isolation­ commend the reading of an interesting The chairman of the Senate Armed Serv­ ism Is as obsolete as an oxcart. ices Committee says the Navy Intelligence Back to World War I again. It was a sing­ article by Allan C. Brownfeld appearing in Roll Call, issue of January 23, 1969, ship Pueblo should have been sunk by her ing war. Do you remember the songs? "Over crew when attacked by North Korean forces. There" by Geo. M. Cohan. "Oh, How I Hate entitled "Unanswered Questions in Senator Richard B. Russell said that he to Get Up In the Morning", by Irving Berlin. Pueblo Case": would ask the Navy for copies of orders "Goodby Broadway, Hello France", "Keep the UNANSWERED Q UESTIONS IN "PUEBLO" CASE given to the commander of the ship to deter­ Home Fires Burning"', "Katie, Beautiful (By Allan C. Brownfeld) mine why the Pueblo was not scuttled. "l Katie". And the soldiers cooked up some want to see just what orders the commander pretty fancy ones when they got to France: The release of the crew of the U.S.S. Pueblo was given," the Senator said. "It seems we "A Mademoiselle !ram Armentieres" with its was greeted by the American people with are wasting a great deal of money sending "blnkey, dinky, par-lee-voo". And another great joy, for It is unthinkable to Americans such ships around the world If we take no one was "How •ya gonna keep 'em down on that their fight ing men abroad would be per­ action when danger threatens." the farm, after they've seen Paree". mitted to be captured in such a brazen man­ A third question relates to the conduct of When the war over over and the veterans ner and to be held for so long a period by so the crew while in North Korean bands. The came back, they organized veterans organi­ small and weak an enemy. Americans, it military Code of Conduct states In para­ zations, several of them. And Armistice Days, seems, have n ot yet come to appreciate the graph five that "I will make no oral or writ­ November 11th, were big annual celebrations. burdens of power, the fact that small nations ten statements disloyal to my country." Yet The first one In Houston was a big affair In may retaliate against various provocations the North Korean propagandists were 1919. On that occasion the then Mayor ot with a maximum of force, while great powers pleased when Commander Lloyd Bucher Houston, His Honor, A. E. Amerman, made are muscle-bound, fearful that their every act "confessed" to the Pueblo's violation ot an eloquent, fiery, patriotic speech In which might precipitate global disaster. Korean waters. Was the Commander In viola­ be ripped apart the "agitators, the un-Amer­ Although those who urged an immediate tion of the Korean waters. Was the Com­ lcan idealists, be he a cultured university invasion or bombing of North Korea were mander In violation of the Code? Or was he lect urer or a be-whiskered soap-box orator". both Intemperate and unwise, those who following another paragraph which reads And he concluded with these words: were responsible for the circumstances both " If I become prisoner of war . . . I will give "When you lift your voice for America, before and after the capture of the ship acted no information or take part in any action know that at your side stands the manhood In a m anner which leaves many important which might be harmful to my comrades." and womanhood of America, while hovering questions unanswered. It is In the Interest of Commander Bucher bas said that the North over us and within us are strong souls ot answering these questions that a Naval Board Koreans told him, confess or we will kill off those who died but wlll not rest, who slum­ of Inquiry h as been called and It is for this your crew one man each day, beginning with ber but will not sleep throughout the count­ same reason that many members of Congress the youngest seamen. Bucher dared his cap­ less ages unless you and I and all America feel that a full fledged Congressional investi­ tors to kill him first. They refused and re­ stand true to those Ideals for which they fell gation Is warranted. newed their threat. He finally signed. In this In the morning of life-". The first question to be asked is: Why was instance, the Code poses the moral dilemma At that first Armistice Day observance In the Pueblo left undefended In hostile waters? but does not resolve it. To further com­ 1919 here In Houston, the Rev. M. M. Wolt, The chronology of the case has been forgotten plicate the situation, does the code tor Pastor of Tuam Baptist Church, gave a long by many, but should be carefully studied by prisoners of war apply in a situation in which and moving prayer. In closing I quote two those involved In seeking answers. no declaration of war bas been made? What short paragraphs from that prayer. In It Dr. The Pueblo took over its surveillance s,tate are the rules concerning Illegal detainees In Wolf said: on January 10, according to the U.S. Defense what is allegedly "peacetime." "The events of this day mark a great Intelligence Agency. Prior to that, the U.S.S. A fourth question relates to the cred!b!l­ period In the history of mankind, and we are Banner bad been on the same station. On ity of our own government. In what Secre­ here to express our gratitude unto Thee tor January 9, the North Korean Government tary of State Dean Rusk called a "unique the triumph ot right over wrong, of goodness radioed a charge that American surveillance diplomatic procedure," Maj. Gen. Gilbert H. over cruelty, of justice over Injustice. We ships were opera.ting off Korea-a clear ref­ Woodward at Panmunjon December 23 first know the victory came not without suffering erence to the station later taken over by the repudiated and then signed a paper which and sa.crlfice--lt was a mighty struggle; our Pueblo--and warned that the Communists stated: "The Government of the U.S.A., homes gave up their finest and their best--" were prepared to take action. This broadcast acknowledging the validity of the confes­ "May our nation be guided by the Sp!rit of was received in Washington by the Defense sions of the crew of the U.S.S. Pueblo and of God. May we be loyal to truth, to our fiag, Intelligence Agency and was published in the the documents of evidence produced by the and to our God, and may our nation bring January 10 file of foreign broadcasts issued representative of the People's Republic of fruits of righteousness and ever be a mes­ by the U.S. Government's Foreign Broadcast Korea to the effect that the ship ... had senger of great good tidings to every nation Information Service. Illegally Intruded Into the territorial waters In the world. Our Father, deliver us all from There bad been frequent incidents in the of the People's Republic ot Korea, shoulders a sp!rit of selfishness and Isolation, and help past Involving U.S. surveillance ships on the full responsibillty and solemnly apologizes us that in every struggle for right, that we North Korean station. Through June, 1967 for the grave acts of espionage .•." may add our effort and our sacrifices." Amen. two destroyers had served as escorts for a. Commenting on the confession, columnist ship on that station. In June, the destroyers Edgar Ansel Mowrer noted that "The sign­ were withdrawn and shifted to duty else­ ing of the repudiated confession . .. one THE "PUEBLO" CASE where. The Banner, and later the Pueblo, m ay call a diplomatic whit e lie, reveals L.B.J. had been left unprotected and virtually un­ as a great humanitarian. The question Is, armed In an area previously considered by was this the kind of statesmanship which HON. LOUIS C. WYMAN the Navy to require the security of escort the chief defender of the human race against OF NEW HAMPSHIRE warships. When the warning came from Communist blight can afford?" IN THE HOUSE OF REPRESENTATIVES North Korea. on January 9, no action was The Communists have, of course, taken full taken by the Joint Chiefs of Staff, to whom advantage of the confession, and have either Tuesday, January 28, 1969 the Pueblo reported, to try to safeguard the ignored the repudiation or used It as evi­ Mr. WYMAN. Mr. Speaker, no matter ship. dence of our own dishonesty. The American A large U.S. military field at Osan, South Communist newspaper, The Dally World, how you slice it, someone 1s resPonsible Korea, was barely 15 minutes' fiying time stated the following In Its December 24 edi­ for the Pueblo's position of helpless peril. from the Pueblo's station. When the Korean torial: " ... the U.S. government did not I believe this resPonsibillty should be de­ gunboats surrounded the ship, this in­ obtain the release of the 82 officers and men, termined and not avoided. formation was radioed Immediately. On the as Secretary of State Dean Rusk now claims, Hopefully, this w1ll be done by the nearby field were four U.S. fighter planes but It was the North Korean Government Naval Board of Inquiry. If not, it should regularly stationed three, three armed with that made the friendly move of releasing be accomplished by a congressional in­ nuclear weapons, one out of commission for them . • . At the time of the release . .. repairs. Two to three hours would have been Washington's representative signed a state­ vestigation. required to shift from nuclear to conven­ ment admitting Its guilt ... but it Imme· The quandary in which Commander tional weapons. The question must be diately issued another statement claimlng Bucher found himself cannot be said to asked: who was responsible for permitting that it lied in making its admission ..• be of his own creation. Despite Navy reg­ the Pueblo to go undefended? This ls a fantastic way to carry on diplomatic ulations in respect to the surrender of a The second question to be asked is why relations. It reveals a contemptuous attitude naval vessel, I find it hard to believe that the crew of the Pueblo did not resist cap­ to the commonsense of the American peo­ the captain did not anticipate the possi­ ture, why the ship was not scuttled, and ple and an arrogant disrespect for other bility of attack and inquire concerning why the highly classified information aboard nations ..." his it was not destroyed. In addition, it bas been The pro-Communist National Guardian responsibilities in that regard before reported that the ship was constructed In echoed the same view: " ... That Washing- going on station, aware as he must have such a way as to make scuttling impossible. ton (admitted guilt) ... at the same time been of the virtual nonexistence of ade­ If so, why were other precautions not taken it made a disclaimer which only brings the quate armament on the Pueblo. to prevent this material from reaching enemy U.S. Government Into deeper discredit be­ In connection with the Pueblo case, I bands? fore world public opinion because the state- January 28, 1969 EXTENSIONS OF REMARKS 2035

ment read at Panmunjom prior to signing the Court finds that there ls no genuine Arnhelter be relieved of his command of the the confession only states that the confes­ issue as to any material fact and the defend­ Vance so that these matters might be in­ sion ls •at variance' with the official U.S. ants are entitled to judgment as a matter vestigated, indicating that speed was man­ position, not that the confession ls false." of law. datory due to impending extended redeploy­ The reason for asking these important Accordingly, ment of the Vance on combat operations. questions ls that we must be certain that an It ls hereby ordered, adjudged, and de­ (Affidavit of Admiral Irvine). incident such as the capture of the Pueblo creed that summary Judgment be and hereby On March 30, 1966, Vice Admiral Semmes, must not be permitted to occur again. Our ls entered in favor of the defendants and upon receipt or this request and after tele­ government must make its position clear, against the plalntl1f in this case. phonic concurrence in the request from Vice and must be credible in the world. A nation Dated: October 23, 1968. Admiral Baumberger, Commander, Crulser­ with great power has great responsibllities. W. T . SWEIGERT, Destroyer Forces, U.S. Pacific Fleet, issued In the Pueblo case, such responsibllities were U.S. D istrict Judge. Naval Personnel Order 174035 direct ing that not carried out properly, either with regard Arnhelter be detached as commanding officer to defending the ship, obtaining the release MEM ORANDUM OF DECISION, U.S. DISTRICT ot the Vance and that he report aboard of its crew, or explaining our own actions. COURT, NORTHERN DISTRICT OF CALIFORNIA: U.SD. DWe for temporary duty and further Any Congressional inquiry which occurs MARCUS A . ARNHEITER, PLAINTIFF, AGAINST assignment by Chief of Naval Personnel. should be more concerned with developing PAUL R . IGNATIUS, ET AL., DEFENDANTS,_No. {Affidavit of Admiral Semmes). guidelines for future actions than with as­ 48414 On March 31, 1966, Commander D. E. Milli­ sessing blame and responsibllit y for the past. This action ls brought by Marcus A. Arn­ gan, acting under this order, bearded the Hopefully, the new Administration will learn helter, Lieutenant Commander, United States Vance, relieved Arnhelter of the command from the mistakes of its predecessor. Navy, against the Secretary of the Navy !or a and made a preliminary investigation of the Declaratory Judgment and for Relief in the circumstances leading up to the detachment, Nature of Mandamus. obtaining approximately 35 statements from The case ls now before the court on de­ officers and crewmen of the Vance which, fendant's motion to dismiss the action for according to Mllllgan, corroborated informa­ LT. COMDR. MARCUS A. ARNHEITER lack of jurisdiction over either the person or tion already received by him from others. DENIED RELIEF the subject matter and for failure of the {Mllllgan's letter of 7/ 15/ 66, part of Def.'s complaint to state a claim upon which relief Ex. E) . can be granted or, in the alternative, for a Thereupon, Rear Admiral T. S. King, who HON. CHARLES S. GUBSER judgment in favor of defendant on the h ad just replaced Rear Admiral Irvine as OF CALIFORNIA ground that there ls no genuine issue as to Commander of the Task Group, acting under Naval Regulations, 32 CFR 719.254, et seq, IN THE HOUSE OF REPRESENTATIVES any material fact and that defendant ls entitled to judgment as a matter of law. and Article C-7801(4) of the Naval Personnel Tuesday, January 28, 1969 The record consists of the complaint and Manual, appointed Captain Ward A. Witter certain additional matter presented by the to conduct an "informal one-officer investi­ Mr. GUBSER. Mr. Speaker, from time gation" provided for by Navy Regulations, 32 to time I have inserted in the RECORD parties. Presented by the defendant and moving party are affidavits of Rear Admiral CFR 719.611) of the circumstances leading items relating to the case of Lt. Comdr. Donald C. Irvine and Vice Admiral Benedict to the removal of Arnhelter. Marcus A. Arnheiter. J. Semmes and defendant's Exhibits C On April 2, 1966, Captain Witter conferred with Arnheiter concerning his rights and Today, I would like to put in the REC­ through F containing extensive documentary ORD the decision of October 22, 1968, by advised him to obtain counsel. Arnhelter matter. Presented by the plaintiff are affi­ obtained assignment from the Base Legal the Honorable William T. Sweigert, U.S. davits of plaintiff Arnhelter with attached Office of Lieutenant McGovern as his district judge, who denied Arnheiter any plaintl1f's Exhibits A through I, also contain­ counsel. On April 5th Witter reviewed with relief. ing extensive documentary matter. Arnhelter and his counsel the statements I note especially the reference in the The basic facts shown by the record are obtained by Milligan, the prellmina.ry inves­ as follows : decision: On December 22, 1965, Lieutenant Com­ tigating officer, copies of which had been The thoroughness and substantial fairness mander Arnhelter was assigned to the com­ given by Witter to Arnhelter on the previous or the investigation and review are not only mand of the U.S.S. Vance, a Destroyer Escort day, With Arnhelter and his counsel present, evident but quite impressive. Witter then conducted hearings on April 6, under assignment for duty in the Vietnam 7, 8, 9, 11, 12 and 13, taking testimony under The summary and memorandum of war theatre as part of a Cruiser-Destroyer oath from 20 witnesses, receiving a sworn decision follow: Task Group under the immediate command statement from Arnhelter and receiving of Rear Admiral Donald C. Irvine. This Task other sworn statements of witnesses and IN THE U.S. DISTRICT COURT FOR THE NORTHERN Group was in turn a subordinate command DISTRICT OF CALIFORNIA: MARCUS A. other documents. (Witter Report, Plt1'.'s under Vice Admiral Baumberger, Command­ Ex. I). ARNHEITER, PLAINTIFF, AGAINST PAUL R. er, Cruiser-Destroyer Forces, Pacific Fleet, IGNATIUS, ET AL., DEFENDANTS, CIVIL No. Under date of April 27, 1966, Witter pre­ which in turn was a subordinate command pared and forwarded to Rear-Admiral King, 48414 under Admiral Roy Johnson, Commander in SUMMARY JUDGMENT who had convened the investigation, a 13 Chief, Pacific Fleet. page report of the investigation (Pltf's Ex. I) This matter came regularly on before the Between Inld-March and March 29, 1966, containing a detailed description of the pro­ Court on June 3, 1968 on defendants' motion Commander D. E. Milligan, Commander, ceedings and his findings of fact as required to dismiss or in the alternative !or summary Escort Squadron Seven, received messages by Navy Regulations, 32 CFR 719.613. judgment. from commanders of other squadrons con­ Without attempting to detail Wltter's 40 Marvin E. Lewis, Esq., Lewis, Rouda & cerning irregular practices aboard the Vance separate findings, they involve in substance Winchell, appeared on behalf of the plaintl1f, and also concerning certain improper opera­ and effect improper handling of ship's sup­ and Cecil F. Poole, United States Attorney !or tions of the Vance that interfered with other plies and funds (e.g. 3, 4, 8, 10, 11, 14, 16, 26, the Northern District of California, by Jerry ships; also a call from a Chaplain, Lieuten­ 31, 35, 37); questionable policies and poor K. Clmmet, Assistant United States Attorney, ant Dando, concerning his observations, judgment in matters affecting officer and appeared on behalf of the defendants. made aboard the Vance, of irregular practices crew morale (e.g., 3, 6, 25, 27, 29); careless The Court heard argument and the matter and low morale; also a confirmatory report or unnecessarily hazardous operations (e.g., was submitted; however, on September 12, from a member of Mllllgan's own staff. After 1, 9, 15, 17, 21, 22, 23, 24, 28, 32, 33, 34, 36, 39, 1968, the Court entered an order directing counseling with some of his fellow officers, 40) ; improper operations reports (e.g., 12, that the case be reopened for the purpose of Commander Milligan reported his informa­ 13). placing the record or the Witter investiga­ tion to Admiral Irvine. (Letter of Command­ The conclusions reached by Witter from tion before the Court. The defendants com­ er Milligan, July 15, 1966, pa.rt of De!.'s Ex. these findings were to the general effect plied with the Court's order and filed the E). that Arnhelter was not the type to have complete record on October 4, 1968. On March 29, 1966, Rear Admiral Donald command; that he lacked the ablllty to act On the latter date, the attorneys tor the C. Irvine, as Commander of the Crulser-De­ without guidance and assistance of su­ respective parties appeared and the Court stroyer Task Group, upon receipt of this periors; that, despite high goals and drive, heard further argument. The matter was information, leading him to believe that he ls a poor leader, unrealistic and insensi­ then submitted to the Court tor decision. Arnhelter should be relieved of his command tive to what ls going on around him.; that, The Court, having considered all the plead­ "because of irregular practices in which he although basically honest, he rationalizes ings and documents in the record and the had engaged and irregular policies which he distortion of !acts to his own advantage; arguments of counsel, and being fully ad­ had established" and acting under the pro­ that, although attempting to run his ship in vised, filed its Memorandum of Decision on visions of Article C-7801(4) {d) 2, Bureau strict and pure chain Of command with his October 22, 1968 granting defendants' motion of Naval Personnel Manual, and after con­ officers, his obsession with this purpose affects for summary judgment. Said Memorandum ferring with Rear Admiral T. S. King (who his abllity to make correct and balanced ot Decision is incorporated herein by refer­ was about to relieve Irvine) sent a naval judgments; that most of his actions were ence and as expressed in said memorandum message to Vice Admiral Benedict J . Semmes, relatively minor and in no case malicious; ot decision and !or the reasons stated therein, Chief of Nava.I Personnel, requesting that that removal from command would be ade- 2036 EXTENSIONS OF REMARKS January 28, 1969 quately severe penalty for his performance (part of Def.'s Ex. E). On the same date eluded: "Having now completed my evalua­ and, 11 it stands, will be more than ade­ Semmes forwarded to President, Line Selec­ tion I regret to inform you that your re­ quate punishment for his actual irregular­ tion Board for Commanders (which passes quests for further inquiry into this matter ities. upon promotions for lieutenant command­ are not granted. I am convinced that you Witter t hereupon recommended that Arn­ ers) the memo (part of Def.'s Ex. F) of this have received a full opportunity to present heiter's removal be sustained, that he be not action (to be placed in Arnhelter's Selection your position in this case. From the entire assigned command in the future, either Board jacket), together wit h a copy of record before me, I can identify no valid ashore or afloat, but that no disciplinary Arnhelter's letter, advising that the reas­ reason for altering the decision that your action be taken against him. signment of Arnhelter would be held in further assignment would be inappropriate." Under date of May 26, 1966, Rear Admiral abeyance pending report from Commander in On December 19, 1967, plaintiff commenced King, acting on the Witter report, forwarded Chief, Pacific Fleet. this suit contending that h1s summary de­ it to Vice Admiral Baumberger with his own Meanwhile, Admiral Roy A. Johnsen, Com­ tachment from command of the Vance and report (Part of Def.'s Ex. E) containing his mander in Chief, Pacific Fleet, had requested the subsequent approval thereof were in vio­ comments on the Witter findings and his Vice Admiral Baumberger to submit to him lation of Navy Regulations and in effect a concurrence in the Witter recommendations additional data and another more detailed deprival of procedural due process under the except in the one respect that King recom­ evaluation and analysis of the allegations Fifth Amendment and asking this court for a mended that, since the record showed that against Arnhelter. judgment declaring that he ls entitled to Arnhelter had knowingly, willfully and ad­ Under date of November l, 1966, Vice Ad­ another Navy hearing-a fair and impartial mittedly violated regulations, he should be miral Baumberger responding to the request one--on all matt ers relating to his detach­ disciplined by the issuance of a punitive of Commander in Chief, Paclftc Fleet, pre­ ment from command and his promotion letter of reprimand. pared a second report (Pltf.'s Ex. B) in which status and ordering the Secretary of the Navy Upon receipt of the Witter and King re­ he sharply criticized Captain Witter, the in­ to convene a court of inquiry, or other ap­ ports, Vice Admiral Baumberger on June 7, vestigative officer, for having "unwittingly propriate hearing, for that purpose. 1966, provided Arnhelter with copies of the compounded his already difficult task by in­ Before taking up the particular allegations reports, granted requests of Arnhelter that jecting himself personally into the role of a of plaintiff's complaint and affidavit, we counsel be made available to assist him and, 'psychologist' rather than in that of an should first consider the underlying question further, granted requests of Arnhelter and Impartial finder of fact" and for having "ne­ of law presented in this case, i.e., whether his counsel for opportunity to submit further glected or refused to pursue available evi­ and, if so, upon what conditions and llmlta­ information and to file comments in rebut­ dence concerning speclflc allegations of mis­ tlons, do the federal courts have power to tal of the findings and opinions. In addition, conduct" and for having based his findings review such proceedings and decisions of the on July 15, 1966, Baumberger obtained from for the most part "on the unsubstantiated armed forces as are presented by the record. Oommander Milligan, the preliminary inves­ opinions of witnesses inimical to Lieutenant It will be noted from the record thus far tigation officer, a letter of that date (Part Commander Arnhelter". set forth that, although plaintiff alleges that of Def.'s Ex. E) setting forth the sequence Admiral Baumberger then proceeded to re­ his removal from command and his suose­ or events leading up to the relief of Arn­ examine the Witter findings one by one in the quent failure of promotion will adversely af­ helter and also enclosing the earlier report light of the evidence and to express his fect his chances of future promotion, there ls t o Mllllgan by Chaplain Dando (Part of opinion as to each, rejecting most of them as nothing in the record to negate the possibil­ Def.'s Ex. E ) dated March 26th. either insufficiently supported by the evi­ ity that the Navy, should it choose to do so Under date of August 30, 1966, Vice Ad­ dence or as being insufficient to show im­ in the future, could reassign plaintiff to a miral Baumberger prepared for forwarding propriety, minimizing others because of triv­ command and/ or promote him to higher to Vice Admiral Semmes, Chief of Naval Per­ iality or mitigating circumstances but con­ rank. sonnel, and to Admiral Roy Johnson, Com­ cluding that some show conduct which could It will also be noted that plaintiff has mander in Chief, Paclftc Fleet, his own re­ not be condoned. Baumberger then reiterated never been court marltaled or subjected to port (Part of Def.'s Ex. E) containing his his recommendations of August 30th, already discharge or any punitive action whatever­ comments on the Witter and King reports above set forth. no forfeiture of pay or confinement to quar­ and enclosing an Arnhelter rebuttal state­ On January 20, 1967, Admiral Johnson, ters or demotion in rank-not even a letter ment dated August 5, 1966. Commander in Chief, Paclftc Fleet, acting on of reprimand. He was, before his removal This Baumberger report of August 30th the foregoing rejected Baumberger's recom­ from command, a Lieutenant Commander in reviews the entire situation and comes to mendation that Arnhelter should be reas­ the United States Navy and still ls such to­ the conclusion that: "Isolated, none of the signed to another destroyer-escort command day with the full entitlements of that rank, 'alleged irregularities' ls sufficient grounds in the force. (See Pltf.'s Ex. A (chronology]). subject only to Navy Regulations and to or­ to sustain relief for cause; that there emerges On February 16, 1967, following this deter­ ders of his superior officers. Clearly, plaintiff's when reviewing the record, together with mination of the Commander in Chief, Pa­ basic and only grievance ls that a duty order many conversations held with Lieutenant clftc Fleet, Vice Admiral Baumberger de­ made by a superior officer detaching him Commander Arnheiter, and others intimately tached Arnheiter from the staff of the Cruis­ from a command assignment was subse­ acquainted with him, the impression of a er-Destroyer Force. On February 23rd, Arn­ quently approved after further investigation brllllant, yet complex officer ... an officer helter reported to Commander, Western Sea and that he has not since been promoted in whose actions in a number of instances, Frontier (Plft.'s Ex. A, chronology 1/23/67) rank. both operational and administrative (in­ for duty and ls now permanently assigned cluding the handling of personnel) did cast with lieutenant commander rank to non­ LAW RE REVIEW OF MILITARY DECISIONS some doubt in the minds of his superiors command shore duty at Treasure Island, San Article II, Section 2 of the Constitution that his judgment, discretion and objectivity Francisco. makes the President the Commander in Chief could be relied upon in an independent On March 3, 1967, Arnhelter visited Vice of the Army and Navy and Article I, Section command status." Admiral Semmes, Chief Naval Personnel and 8 grants to Congress the power t.o make rules Baumberger expressed his opinion that unsuccessfully requested either the conven­ for the government and regulation of the "had not the Vance been employed in a ing of a full scale court of inquiry to review land and naval forces. forward area, a demand for corrective meas­ his removal or a general court martial. On Stemming from such old cases as Dynes v. ures by his superiors would have been more April 7, 1967, Arnhelter wrote to Semmes Hoover, 61 u. s. 65 (1857), Decatur v. Pauld­ appropriate than his relief from command", citing claimed violations of Navy Regula­ i ng, 39 U.S. 497 (1840) and United States v. adding, however, that "the foregoing should tions and the Naval Personnel Manual. (See Eliason, 41 U.S. 291 ( 1842), a general rule not be misconstrued to indicate that the Plft's Ex. A-chronology) . gradually crystallzed in the Supreme Oourt type commander" (i.e., Baumberger) "con­ Finally, on November 24, 1967, the de­ to the effect that military decisions-judicial dones the irregularities admitted by Lieu­ fendant, Secretary of the Navy, wrote (Def.'s (court martial) or administrative-are not tenant Arnhelter; no matter how they are Ex. C) Arnheiter, responding to his six pre­ subject to judicial review by the federal explained away." vious letters between May 9, 1967 and Oct.o­ courts except to the extent that these courts, Thereupon Baumberger recommended that ber 21 , 1967, to the effect that all his com­ exercising their power to entertain habeas no disciplinary action be taken against Arn­ munications and his entire personnel file, corpus petitions, may make the single in­ helter, that his relief from command be including his rebuttal submissions, the in­ quiry whether a military decision under col­ sustained only as "for investigation In the vestigation reports and the action of all re­ lateral attack was within the military juris­ light of the circumstances then existing", viewing awthorltles had been extensively and diction. The term jurlsdlctlon was narrowly that he not be restored to the Vance but personally studied by the Secretary and by construed to mean, not whether the military that he be reassigned to command a de­ the Judge Advocate General of the Navy; acted erroneously or even whether it con­ stroyer escort of the same force to provide that the Secretary had also considered the formed to the due process provisions of the an opportunity for reassessment of his opinions of Admiral Settle and Captain Alex­ Bill of Rights, but only whether the military abllltles. ander (who had interested themselves on be­ had jurisdiction of the person and subject Under date of September 9, 1966, Vice half of Arnheiter's contentions); that the matter and acted within its powers. It has Admiral Semmes, Chief, Naval Personnel, Secretary had taken personal Interest in the been the view of the Supreme Court that for acting upon the foregoing and also upon a issues which Arnhelter raised concerning the those in the military or naval service the brief from his Assistant for Performance, character of his past services in command military law, as it may be enacted by the W. R. De Loach (part of Def.'s Ex. E) ap­ and the appropriateness of his future assign­ Congress and administered by the President proved the removal of Arnhelter "for cause" ment t.o command and the Secretary con- as Commander in Chief, is the measure of January 28, 1969 EXTENSIONS OF REMARKS 2037 the due process to whlch those In the mm­ the ground that the Act placed the burden any reason whatsoever. On the contrary, it tary or naval service are entitled. of proof upon the officer, rather than upon has been consistently held by the Supreme This so-called '"non-revlewabillty rule" has the army, and, further, made no provision Court, for example in Orloff v. Willoughby, been long applied by the Supreme Court to for confrontation of the witnesses against supra, that "it is not within the power of court martial convictions resulting in mili­ the officer. A three judge district court this Court by habeas corpus to determine tary Imprisonment, punitive discharge or Beard v. Stahr, 200 F. Supp. 766 (D.C. 1961) whether specifl.c assignments to duty tall other penalties. (See, Ex parte Reed, 100 U.S. had held that an officer of the armed forces within the basic classifl.cation of peti­ 13 (1879); In re Grimley, 137 U.S. 147 (1890); is subject to removal at any time by the tioner ... [T)here must be a wlde latitude In re Yamashita, 327 U.S. 1 (1946); Johnson President in his discretion, except as such allowed to those in command ... [W]e have v. Eisentrager, 339 U.S. 763 ' (1950)). discretion might be limited by an Act of found no case where this Court has assumed The non-revlewabllity rule has been ap­ Congress; that since unlimited power to dis­ to revise duty orders as to one lawfully in plied, not only to mmtary-judiclal proceed­ miss is inherent in the President unless lim­ the service." 345 U.S. 83, 93-94. ings (i.e., court martial convictions), but ited by Act of Congress, It follows a fortiori Similarly, with respect to promotion sta­ also to mmtary-adminlstratlve proceedings, that any procedure established by Congress tus, the Supreme Court in Reaves v. Ains­ e.g., non-punitive, but involuntary retire­ for the elim1natlon of officers, who are either worth, supra, holding that qualification of an ment or discharge of mUltary personnel. See, surplus or not regarded as meeting high officer for promotion cannot be reviewed, said Reaves v. Ainsworth, 219 U.S. 296 (1911); standards, is not limited or controlled by the "to be promoted ... may be the right of an U.S. ex rel Creary v. Weeks, 259 U.S. 336 due process clause or any other constitu­ officer, the value to him of hls commission, (1922); U.S. ex rel French v. Weeks, 259 U.S. tional provision and that the supervision and but greater even than that is the welfare of 326 (1922); Orloff v. Willoughby, 345 U.S. 83 control over the selection, appointment and the country and, it may be, even its safety (1953). dismissal of officers are not proper subjects through the efficiency of the Army." 219 U.S. Not until 1953 did the Supreme Court In­ of the judicial function. The Supreme Court 296, 306. dicate relaxation of this non-revlewabUlty In a per curlam opinion vacated the Judg­ In Lu/ttg v. McNamara, 252 F. Supp. 819 rule. In Burns v. Wilson, 346 U.S. 137 (1953), ment of the three judge district court upon (D.C. 1966) the district court dismissed an a habeas corpus petition to annul a court the sole ground, however, that the action had action brought by a member of the Army to martial murder conviction, the court, al­ been prematurely brought because the ap­ enjoin it from ordering him to the Vietnam though It denied the writ, stated that the pellant had not yet been actually removed war theatre. Although one ground for dis­ constitutional guarantee of due process ls from the army active list. missal was that the court had no power to meaningful enough and sufficiently adapt­ Recent cases in the Court of Appeal and determine a political question, a further able to protect soldiers as well as civilians District Courts in which administrative dis­ ground was that courts may not substitute from crude mmtary injustices and that the charges of mUitary personnel have been chal­ their judgment for that of the Commander federal courts have power to determine lenged for lack of constitutional due process in Chief concerning disposition of the armed whether the mll!tary have given fair con­ or non-compliance with statutory or rule re­ forces, citing Beard v. Stahr, 200 F. Supp. 766, sideration to the petitioner's claims of de­ quirements, have recognized the 11mited supra.• nial of constitutional due process. The de­ scope of federal court review and have de­ Any attempt of the federal courts, absent nial of relief was based, as set forth In the nied relief either upon the ground of non­ some direction or permission from the Con­ main opinion, upon the stated ground that reviewabillty or after review upon the merits. gress to do so, to take over review of milltary the m111tary had fully and fairly considered See, Brown v. Gamage, 377 F.2d 154 (D.C. Cir. duty assignments, commands and promo­ all the petitioner's constitutional claims but 1967); Kennedy v. Commandant, 258 P.Supp. tions would obviously be fraught with prac­ the four opinions fl.led in the case 1 read as 967 (D. Kan. 1966). See also, Sohm v. Dillon, tical difficulties for both the armed forces a whole, seem to intimate that, if such had 231 F.Supp. 973 (D.C. 1964) and 235 F.Supp. and the courts. not been the case, the court would have re­ 450 (D.C. 1964) (rev'd in 365 F.2d 915) (D.C. It ls not necessary, however, to base the viewed the conviction and that the scope of Cir. 1966) ; but solely to order stay of pro­ decision of this case upon the non-rev1ew­ review would have extended beyond the tra­ ceedings pending military review; Reed v. abillty rule. For the purpose of this case we ditional narrow concept of jurisdiction to Franke, 297 F.2d 17 (4th Cir. 1961); Richards will assume that this court should review the include claims of deprivation of constitu­ v. Cox, 184 F.Supp. 107 (D.C. Kan. 1960) (a kind of naval decisions here involved and we tional due process.• court martial case). Compare, however, Ashe will further assume that on such review this Likewise, ln 1958, the Supreme Court In v. McNamara, 355 F.2d 277 (1st Cir. 1965), court should extend Its review beyond the Harman v. Brucker, 356 U.S. 579, again In­ which was granted relief after a review of a narrow test of milltary jurisdiction to in­ timated relaxation of the non-revlewabllity court martial conviction for fundamental un­ clude constitutional due process. rule as applied to non-judicial, administra­ fairness ( denial of effective assistance of So far as constitutional due process is con­ tive actions of the mmtary. In that caRe the counsel), citing Burns v. Wilson, supra and cerned, the Navy decisions here in question Supreme Court set aside an adminlstl'atlve Harman v. Brucker, supra.•• did not deprive plaintiff of his life or liberty army discharge which had been based on se­ In our opinlon cases like Burns v. Wilson through any punitive measures against him. curity risk activities occurring prior to peti­ and Harman v. Brucker seem to Indicate The only possible constitutional question tioner's Induction. The Court of Appeals (243 that, although there may be doubt, as to the would be whether they operated to deprive F. 2d 613 [D.C. Cir. 1957)) and the District scope of review, the Supreme Court 1s pre­ plaintl.1f of a property or quasi property right Court (137 F. Supp. 475 [D.C. 1956]) had both pared to relax the traditional non-reviewa­ within the meaning of the Fifth Amendment. denied relief upon the traditional non-re­ billty rule sufficiently to admit ultimate, col­ But, a member of the armed forces has no vlewabUity rule as set forth In Willoughby, lateral federal court review of claims by mill­ property right in any particular command supra. The Supreme Court, however, held tary personnel of denial of constitutional due or duty assignment or promotion during bis that, generally speaking, judicial relief ls process in such matters as court martial con­ service any more than has a civil service available to anyone who has been injured by victions• which involve 11:fe, liberty or other employee any such right. In cases involving an act of a government official in excess of penalty, and administrative discharges from ciVil service, Judicial review of administrative hls express or implied powers. The court pro­ the services which involve their quasi prop­ dismissals, duty assignments and promotions ceeded to review and overrule the mUitary's erty rights. is narrowly limited to the question whether interpretation of a statute and held that the It can be argued that officers and service­ the governmental agency has properly 1nter-­ army had In fact exceeded its statutory men, upon termination of their service, have preted and substantially complied with any powers by basing the discharge, not on peti­ a quasi property right to have their dis­ pertinent statute regulating assignment or tioner's military record alone, but upon civil­ charges properly reflect their mUitary rec­ promotion. The test is, not constitutional ian activities occurring prior to Induction.• ord because If such discharges improperly due process, but only substantial compliance Whether and to what eii;telllt decisions like and adversely reflect the mUitary record they by civilian superiors with such statutory Burns v. Wilson, supra, and Harman v. might stigmatize the dischargee and ad­ requirements. Powell v. Brannan, 196 F. 2d Brucker, supra, relax the traditional non­ versely affect his civilian future. 871 (D.C. Cir. 1952). Seebach v. Cullen, 224 reviewabillty rule and expand the scope of Neither of these situations, however, 1s F. Supp. 15 (N.D. Cal. 1963), aff•d 338 F. 2d 663 federal court collateral review of military presented in our pending case. As already (9th Cir. 1964); Mancilla v. United States, determinations, court martial or administra­ noted, the issue here is much narrower, 382 F. 2d 269 (9th Cir. 196'1); Cutting v. Htg­ tive, is not yet clear.• namely, judicial review of such purely Inter­ ley, 235 F. 2d 515 (D.C. Cir. 1956). In what we believe to be the most recent nal, administrative matters as duty assign­ For obviously stronger reasons mllltary expression of the Supreme Court concerning ment and promotion. decisions concerning internal duty assign­ federal court review of mUitary determina­ We are of the opinion that the traditional ments and promotions must be left, absent tions, Beard v. Stahr, 370 U.S. 41 (1962) the nonrevlewability rule should be followed and Congressional regulation to the contrary, to court had before it the case of an army applied at least where, as in this case, the the judgment of chain of command under officer seeking to enjoin the Secretary of the military decision affects, not the life, liberty the President as Commander In Chief. I:f Army from removing him from the active or some property right of the petitioner, but reviewable at all by the federal court, the list (through elimination proceedings under only his duty assignment or promotion only possible question would be whether, as an Act of Congress dealing with dismissal status. We know of no case in the Supreme alleged by plalntl.1f in this case, certain pro­ for failure to meet military standards) upon Court or in the lesser federal courts which cedural Navy Regulations were Violated. In bas gone so :far as to interfere with naval or order to answer this question we proceed to Footnotes at end o:f memorandum. army decisions of this particular kind :for examine plaintiff's allegations.• 2038 EXTENSIONS OF REMARKS January 28, 1969 REVIEW ON THE MERITS Clearly, these procedures were in substan­ qulry" was designated as a "party" to the Plalntlff alleges that his detachment from tial compliance with the provisions of the Investigation, pursuant to 32 CFR 719.30l(a) the command of the Vance was the result of Manual covering summary detachments from (b) and 302, the fact-finding investigation a conspiracy between his subordinate officers, command. which was here convened by Admiral King, among them his operations officer, Lieu­ Plaintiff alleges, however, that Admiral was not a trial of Arnhelter. Rather, these tenant Generous, his operations officer, Lieu­ Irvine did not comply with the provisions Investigations are purely an administrative tenant Hardy (Complaint X), and his su­ of Naval Personnel Manual C-7801(4) (c), fact-finding investigation designed to pro­ perior officers, among them Admiral Irvine 1, 2, 3, and 4, containing what are obvi­ vide the convening and reviewing authorities and Admiral King and Commander M1111gan. ously directory, policy provisions concern­ with adequate advisory information upon The issue, however, ls not possible con­ ing responsibilities o:t command officers in which to base decisions (See, 32 CFR 719.251 spiratorial motivation by plaintl.tf's fellow making requests for detachment Of officers. (d) )-1n this case an ultimate "final action" officers, but only whether plaintUf's detach­ Admiral Irvine's affidavit avers that consid­ by Chief of Naval Personnel on Arnhelter's ment was, nevertheless, accomplished and eration was given to each of those provisions. summary removal. subsequently approved in substantial con­ Assuming, however, that Admiral Irvine, Plaintiff alleges that he was "not shown formity With regulations, regardless of either from poor judgment or through inad­ evidence favorable to him gleaned from the motivation. vertence, failed to comply with these provi­ Milllgan preliminary Investigation." The rec­ Plaintlff alleges that his subordinate offi­ sions prior to making his request, such fail­ ord shows, however, as already noted, that cers, among them Lieutenant Generous and ure would not Invalidate the summary statements taken from crew members by Lieutenant Hardy, and others, among them removal by Admiral Semmes, Chief of Naval Milligan during his preliminary Investigation Chaplain Osterman, Commander Baird, Personnel (In whom was then vested the were turned over to Witter and that Witter Commander Milligan, Chaplain Lieutenant power to act on such requests) If, in fact, reviewed these statements with plaintiff and Dando, Lieutenant Kordon and Commander the summary removal was thereafter fairly his counsel prior to the taking of evidence. Mllllgan, made and forwarded critical re­ investigated and cause for the removal (See, Witter Report, Def.'s Ex. K). (See also, ports concerning him to others without noti­ found. Def.'s Ex. G, p. 60). fying him 1n Intentional and knowing vio­ Plaintiff alleges that the Witter Informal Plaintiff alleges that he was not told lation of Navy Regulations 1212, 1243.2, one-officer Investigation was convened In vio­ "which of the accusations furnished him by 1243.3 and 1404.1 which deal with the mak­ lation of regulations and without due proc­ Witter had caused his removal or were to be ing of critical reports concerning officers. ess. Navy Regulations, 32 CFR 719.254 et. the basis of the investigation.'' Although The issue, however, is not violation by seq., authorize three kinds of fact-finding there Is no requirement for formal charges in others of such regulations, but only whether bodies: (1) Courts of Inquiry; (2) Boards a non-judicial fact-finding investigation of plaintiff, notwlthstandlng, was removed of Investigation (formal or informal), and the kind here Involved, plaintiff's allegation and his removal subsequently approved, 1n (3) One-Officer Investigations (formal or In­ Impliedly concedes that he was, nevertheless, substantial compliance With the regulations formal). An Informal one-officer investiga­ at the outset of the hearing presented by pertaining to removals from command-re­ tion was convened by Admiral King In this Witter with the crew statements prel1m!nar­ gardless of alleged violation of other rules by case. lly obtained by Milligan which were for prac­ plaintiff's fellow officers. The Regulatioru:, 32 CFR 719.255, expressly tical purposes the basis of the Investigation. Further, as we will presently point out, leave the type of fact-finding b<>dy to be Plaintiff alleges that Witter, as Investi­ the subject matter ot these critical com­ ordered in any particular situation to the gating officer, "considered" certain accusa­ munications, allegedly made to others With­ "judgment and sound discretion of officers tory statements-a Chaplain Dando letter to out notice to plaintlff, was ultimately inves­ in command" under general guidelines set Milligan of March 26, 1966; a communication tigated at the Witter hearing. forth In the regulations. from Lieutenant Generous and a communi­ The record shows beyond genuine dispute cation from a Lieutenant Kordon of which Plaintlff alleges that his superior officers, that the convening by Admiral King of a Admirals Irvine, King and Semmes, accom­ one-officer investigation was within the pre­ plaintlff was not made aware. plished his summary removal 1n violation of scribed guidelines and, further, was a purely Apart from the plantl!f's bare allegation, Naval Personnel Manual C-7801-4. (Def.'s discretionary choice With which the court plaintiff has not set forth in the present Ex. D). The Manual, however, expressly au­ should not interfere. record on motion for summary judgment thorizes requests by superior officers to Plaintiff contends, however, that proce­ any specific evldentlary matter to show that Bureau of Naval Personnel for summary de­ dural provisions of the Judge Advocate Gen­ Captain Witter "considered" any of these tachment of subordinate officers from duty eral's Manual were violated during the communications or that his findings were whenever speed ls mandatory because of any course of the investigation. This Manual based thereon. emergency, impending deployment of the provides that an "informal one-officer in­ The record shows that on July 15, 1966, ship or squadron to which the officer is at­ vestigation" such as was convened in this three months after the investigation, the tached, or other urgent reasons. In the pend­ case, ls governed by the same rules and regu­ Dando letter was still in the hands of Mllll­ ing case, summary detachment was requested lations as are prescribed for "an Informal gan (to whom it had been orlglnally by Admiral Irvine and ordered by Admiral board Investigation" (which consists of two handed), not Witter, and that It was MilU· Semmes, Chief of Bureau of Naval Person­ or more officers--32 CFR 719.601) insofar gan who forwarded it on that date to Ad­ nel, because they believed that such emer­ as those rules and principles can be applied miral Baumberger. (See Milligan letter of gency existed. to a one-officer Investigation (32 CFR July 15, 1966, Part of Pltf.'s Ex. E). The Manual provides that In such case the 719.611, 612)-provlded that "the mission of Assuming, however, that Witter did "con­ request tor removal from command may be the officer must be given primary considera­ sider" some of these communications, that preliminarily made by message, stating tion in the determination of procedural fact would not amount to a substantial or briefly the reasons and the nature of the questions not covered by the sources of prejudicial departure from regulations it in urgency; that appropriate action will then guidance." fact substantially the same accusations were be taken by Chief of Naval Personnel but Navy Regulations, 32 CFR 719.601, 610, made known to Arnheiter through the state­ that "final action" will be taken by him only provide in substance and effect that such ments reviewed With him and his counsel by on the basis of a subsequent letter which, informal boards have considerable latitude Witter before the hearing and through the together With the statement of the officer in the methods they may employ to elicit testimony of his critics at the hearing. The in question, can be made a part of his official information; that testimony may be taken record shows that both Chaplain Dando and record. 1n any fair manner; that cross-examination Lieutenant Generous were called by Witter In the pending case an investigation of must be exercised Within the practical llmlts to give their sworn testimony at the hearing the summary removal was promptly con­ set by the meth<>d of interrogation, that evi­ 1n the presence of Arnheiter and his coun­ vened and the subsequent Jetter from Ad­ dence and information may be obtained by sel. The subject of the Kordon communica­ miral King, together with the Witter investi­ such means as formal testimony of witnesses, tion was covered by other Witnesses (Def.'s gation report, was forwarded to the Chief of inform.al personal Interview, correspondence Ex. G, p. 349-355, 456-465). Naval Personnel via Admiral Baumberger, and telephone inquiry; that a party and his The record also shows that the subject who first made these letter reports available counsel shall be permitted to examine such matter of these communications was sub­ to Arnhelter for his rebuttal statement. Arn­ evidence or Information as will be considered stantially covered at the hearing at which helter then presented his rebuttal statement, in the report and to present further evidence the Generous communication was gone Into. dated August 5, 1966 (Def.'s Ex. H), con­ or information or to suggest other lines of (Def.'s Ex. G, p. 63, 806, 400). Incidentally, sisting of over 500 pages including the at­ inquiry; that after all available evidence has the record Indicates that plaintiff must have tached exhibits. On August 30, 1966, the been received and after the party has had a had this particular communication in hl.8 letter of Admiral King and the Witter report, reasonable time to examine any evidence own possession during the hearing and that together With the Arnhelter rebuttal state­ not received 1n his presence and to present copies of his communication were Included ment, were forwarded by Admiral Baum­ the evidence he may desire, the party or his in Arnheiter's rebuttal statement of Au­ berger to Chief of Naval Personnel for final counsel may make an unsworn statement, gust 5, 1966. (Def.'s Ex. H. Vol. I, pp. 129, action and on September 9, 1966, this final either orally or in writing and may make an 210). action was taken by Admiral Semmes, Chief argument; that an investigative report in The various subject matters of the Dando of Naval Personnel, approving "for cause" letter form shall be submitted by the investi­ letter of March 26, 1966, appear throughout Arnhelter's previous summary dismissal :rrom gating officer. the transcript of the Witter hearing. (See re command. Although Arnheiter as a "subject to tn- this, citations to the transcript listed 1n De- January 28, 1969 EXTENSIONS OF REMARKS 2039 fendant's Memorandum, filed October 4, 1968, Plaintiff now alleges that Captain Witter, ment and promotion under Vietnam war Part V, p. 23-25) . the investigating officer, was biased against conditions. It is not for this court to sub­ The subject of the Kordon communication him. The record fails to show, however, that stitute its judgment for that of the Navy or was also fully investigated at the hearing. this claim was reported to the convening to order the Navy to again review what this (Def.'s Ex. 0, p. 64; 349-351; 356; 456-465). authority for appropriate action as required court finds to be action clearly within its Without giving any specific instance, plain­ by 32 CFR 719.514, or that it was ever raised powers, in substantial conformance with tiff alleges generally that he was "not per­ either at the hearing or In pla!nti.ff's re­ regulations and well within the bounds of mitted to present witnesses in his own de­ buttal statement. The point, if reviewable fundamental due process as applled to in­ fense or to introduce their signed state­ at all, has been waived. ternal, administrative non-punitive naval ments" in violation of 32 CFR 719.304(a) (5). Summarizing, the record, as here pre­ matters. providing that a party has the right to pro­ sented shows beyond genuine dispute that For the reasons set forth herein the mo­ duce evidence. The record of the investiga­ the circumstances surrounding plaintiff's tion of defendant, Secretary of the Navy, for tion discloses no such instance-with two summary removal from command were summary judgment 1n his favor is hereby possible exceptions, (Def.'s Ex. G, pp. 429, promptly investigated, reported, reviewed granted. 347) and a possible third exception men­ through chain of command and that the Dated: October 22, 1968. tioned In the Arnheiter rebuttal of August removal was finally approved for cause, in WM. T. SWEIGERT, 5, 1966 (Def.'s Ex. H, p. 58). In none of these substantial, if not literal, conformity with U.S. District Judge. instances was there any abuse of discretion Navy Regulations-Including advice as to FOOTNOTES or any prejudice to pla!nti.ff. As a matter of rights, representation by counsel, open hear­ ' One concurring op1nion (Minton) ad­ record pla:inti.ff did present statements of ing, confrontation with witnesses, opportu­ hered flatly to the traditional view that the witnesses in his own behal!. (Def.'s Ex. G, nity for cross-examination, presentation of federal courts have no power to review ex­ p. 430-431). rebuttal evidence and review of the record cept collaterally for the llmited purpose of Plainti.ff makes the narrowly restricted al­ by at least four superior officers-Rear Ad­ ascerta1ning, not constitutional due process, legation that he was not permitted to "recall mirals King and Baumberger and Vice Ad­ but only jurisdiction In the narrow sense. host!le witnesses" or given "reasonable" scope mirals Johnson and Semmes--and finally by At the other extreme a dissenting opinion in cross-examination of such witnesses. This the Judge Advocate General and the Secre­ (Douglas and Black) held that review is not allegation Impliedly concedes that he was tary of the Navy-the latter being the civil­ limited to "jurisdiction" in the narrow sense permitted to examine and cross-examine Wit­ ian representative of the President as Com­ but includes constitutional due process nesses. An examination of the record of the mander in Chief of the armed forces. within the meaning of the Fifth Amendment investigation (Def.'s Ex. G) shows compara­ The alleged procedural irregularities, con­ and, further, that even "fair consideration" tively few Instances of this kind. (See, pp. sidered singly or in combination, are insuf­ of these constitutional issues by the military 316, 318, 346, 359, 332, 407, 408, 410, 412) and ficient to raise a genuine issue of fact on does not bar the federal courts from review convincingly demonstrates that plainti.ff was the question of substantial compliance with given ample latitude and that the investiga­ on the merits. the Navy Regulations applicable to this In­ • Even before Burns v. Wil.!on, supra, some tion officer's exercise of discretion was rea­ formal one-officer investigation. inferior federal courts reviewing court mar­ sonable. Plainti.ff was permitted to cross­ If this court were empowered to sit in ap­ tial convictions, had expanded the concept examine Lieutenant Hardy for two days pellate review of the military proceedings of military "jurisdiction" to include denial (Def.'s Ex. G, p. 291-364). here involved, It could, of course, reverse for of fundamental due process. See, Schita v. Although the record is devoid of any ob­ any prejudicial error. However, this court has jection by plalntUf to Lieutenant McGovern, King, 133 F. 2d 283 (8th Cir. 1943) ; U.S. ex not been given any such power of direct re­ reZ Innes v. Hiatt, 141 F. 2d 664 (3rd Cir. his counsel, or any request for different view. If this court has any power at all to counsel, plaintiff now complains that his 1944); Anthony v. Hunter, 71 F . Supp. 823 review the kind of proceedings here involved, (D. Kan. 1947). Compare, however, Arnold counsel had no previous experience as a such review is collateral only and, therefore, shipboard officer. The record shows, how­ v. Cozart, 75 F. Supp. 47 (N.D. Tex. 1948); In limited to such irregularities as would in re Wrublewski, 71 F. Supp. 143 (D. Cal. 1947). ever, that Lieutenant McGovern was a duly effect render the Navy's decision wholly in­ • It seems, however, that any relaxation of qualified attorney certified to perform even valid and beyond its jurisdiction. Procedural court-martial duties, (Def.'s Ex. J) and that the non-reviewablllty rule by Harman ls errors, even those which might have preju­ more apparent tha.n real. Harman really did the provision of counsel for plalnti.ff com­ dlcally affected the outcome of the proceed­ little more tha.n hold that the action of the plied with 32 CFR 719.304(b). ings, would not justify interference by this military, basing a discharge upon civilian Plaintiff alleges that Admiral Semmes, court unless they constitute such substantial rather than military activity, was beyond Chief of Naval Personnel did not personally non-compliance with Navy Regulations as mllitary jurisdiction and, therefore, subject review the investigative reports before ap­ would be, not only prejudicial, but of such to collateral attack within the meaning of proving plaintiff's removal for cause. Apart constitutional magnitude as amounts to de­ the jurisdiction test long recognized as an from the Admiral Semmes' affidavit, stating privation of fundamental due process of law exception to the nonreviewablllty rule. In that he did carefully review it, the record under the circumstances. 1956, two years before Harman, the Supreme does show that, acting on information satis­ What constitutes fundamental due process Court in Reid v. Covert, 354 U.S. 1, had simi­ factory t o him, he personally approved the must be determined within the context of larly reviewed and set aside a court martial removal by his signed memo of September each particular situation-in this case conviction of a civilian on the ground that 9, 1966. within the context of purely Internal, ad­ clv111ans are beyond court martial jurisdic­ Plalnti.ff further alleges that Admiral ministrative, non-punitive Navy action con­ tion. See also, Schwartz v. Covington, 341 F . Semmes forwarded the memo of his decision, cerning duty assignment and promotion 2d 537 (9th Cir. 1965). approving Arnheiter's removal "for cause," status. We find no genuine issue of either • As recently as 1957 the Supreme Court, to the Selection Board to be placed in Arn­ noncompliance with pertinent regulations or itself, conceded that the extent to which heiter's record in violation of Manual deprival of due process of law in this case. Burns v. Wilson renders the Bill of Rights C-7801 (5) (b). However, the Manual C-7801 It may be that, as contended by plaintiff applicable to military trials has not been (4) (d) (2), expressly provides that "final ac­ and others on his behalf, the Navy made a clearly settled. (See, Reid v. Covert, 354 U.S. tion" on removal of an officer from command mistake of judgment in his case with con­ l, 37 (1957) .) In the same year, in Fowler v. can be made a part of his record if accom­ sequent disappointment, even justifiable re­ Wilkinson, 353 U.S. 583 (1957), the Court, panied by the officer's statement. The Sep­ sentment on his part. But, to say that his considering a court martial conviction, tember 9, 1966 approval by Chief of Naval removal from the Vance Wll.3 not thoroughly seemed to reaffirm the non-revlewab111ty rule Personnel of Arnhelter's detachment was the and fairly Investigated and reviewed before in traditional terms, saying that "sentences "final action" and the memo thereof was final approval, Is quite another matter. The of court martial cannot be revised by the civil accompanied by Arnhe!ter's rebuttal state­ thoroughness and substantial fairness of the courts save only when void because of the ment. investigation and review are not only evident defective exercise of power possessed.'' That Plaintiff, relying on 32 CFR 719.260(a) pro­ but quite impressive. the rationale of federal court review of mili­ viding for a record of proceedings in investi­ It may be that Arnheiter's superior officers tary determinations Is stm unsettled becomes gations of this kind, alleges that Witter made a mistake in judgment in requesting evident from reading the text material on "scrubbed the tape of testimony at the hear­ his summary removal from the Vance. It may this subject. See, e.g., Civ111an Judges and ing." The record shows that one of 13 reels be that the findings made and reviewed on Military Justice--Collateral Review of Court of tape (tape 10) fa!led mechanically and subsequent investigation could have been Martial Convictions, 61 Columbia. L. Rev. Vol. did not record (Def.'s G. p. 61) and the testi­ otherwise-but there was evidence to sup­ 61, p. 40 (1961); Federal Court Jurisdiction mony had to be reconstructed by Witter port them. It may be that Arnheiter could over Courts Martial, Washburn Law Journal, (Def.'s Ex. G, p. 351). Plaintiff's allegations nevertheless have been reassigned to an­ Vol. 1, p. 25 (1960); The B111 of Rights and on this point are obviously beyond his own other destroyer escort for further assessment the Military (Chief Justice Earl Warren). testimonial knowledge and he had presented of his ablllties--as was recommended at one New York University Law Review, Vol. 37, no specific evldentiary matter on this sum­ point by Admiral Baumberger and as argued p. 181 (1962); M!lltary Law-A Separate Sys­ mary judgment motion to support it. The by others on Arnheiter's behal!. tem of Jurisprudence, Cincinnati Law Rev., record negates any substantial non-com­ These matters, however, are internal, ad­ Vol. 36, p. 223 (1967); God, The Army and pliance with regulations or any prejudice m!n1strative matters Involving the judgment Judicial Review, Cal. L. Rev., Vol. 56 (No. 2) to plaintiff on this point. of Naval command concerning duty assign- p. 379 ( 1968). 2040 EXTENSIONS OF REMARKS January 28, 1969

• Relief was denled ln Reed v. Franke, DID THE COURT INTERPRET OR A striking instance of this ls found in the supra, despite the absence of a provlslon for AMEND? so-called school segregation cases. It is not a fact finding hearing before discharge; ln my purpose here to argue the merits or de­ Kennedy v. Commandant, despite no provl­ merits of racial segregation, but rather to slon for right to be furnished counsel; ln HON. WATKINS M. ABBITT show that the United States Supreme Court, Dunmar v. Ailes, 348 F. 2d 61 (D.C. Clr. 1965), in order to accomplish what it presumably despite no requirement for assistance of OJ' VIRGINIA thought was a worthwhlle end, committed counsel or for presentation of evidence or for IN THE HOUSE OF REPRESENTATIVES a breach of basic constitutional llmitatlons. cross-examlnatlon of witnesses; ln Brown v. John C. Calhoun said that just as laws are Gamage, despite clalm of denial of oppor­ Tuesday, January 28, 1969 written to restrain men, so constitutions are tunity to confront witnesses. Mr. ABBITT. Mr. Speaker, since last written to restrain governments. Certa.lnly, • The Court of Clalms, passing upon claims fall when I proPosed a constitutional the framers of the United States Constitution of former mllltary personnel for back pay amendment to limit the tenure of Su­ had this goal in mlnd when they drafted the and s!mllar benefits, has exercised a power preme Court Judges, I have received basic compact by which the States are bound of revtew over military decisions whenever ln Union. Out of the reservoir of the States' necessary in order to determine whether ac­ many communications in support of such inherent polltical powers certain specific pow­ tion of the m!lltary adversely affecting such a proposal. I have been gratified with the ers were delegated to the central govern­ claims was valid, Le., within the jurisdiction wide-spread support which my resolu­ ment, but all powers not so delegated were to of the mllitary. Many of these cases have ex­ tion has brought forth from all parts of be retained, to the end that the people them­ panded the concept of jurisdiction to include the country. In addition to the many selves, acting ln their respective States, mlght procedural due process and have granted or communications which I have received, control thelr own destlnles. withheld relief accordingly. Thls power of there have been brought to my attention It was recognized, of course, that ln time the Court of Claims may have been question­ the Constitution mlght require amendment, able in the light of pre-Burns v. Wilson cases a number of articles and speeches made but it was also recognized that it was as but it has been exercised since Shapiro v. by outstanding attorneys and other in­ necessary to protect the Constitution from United States, 69 F. Supp. 205 (ct. Claims dividuals who support the proposition being amended by the very government it was 1947) and ls now justified by reference to that Supreme Court Judges should be designed to control as it was to establish con­ Burns v. Wilson. See, Shaw v. United States, reconfirmed by the Senate every 10 years trols on that government initially. Thus, 357 F. 2d 949, 963 (ct. Claims, 1966). See and that there should be a mandatory Article V of the Constitution was drafted also, Juhl v. United States, 383 F. 2d 1009 retirement at age 70. carefully to preserve ultimate control of the (ct. Claims 1967); Hertzog v. United States, This is not an isolated issue or one Constitution ln the States themselves. Article 167 ct. Claims 377 (1964}; Egan v. United V provided that no change would be made ln States, 168 F. Supp. 377 (ct. Claims, 1968): which has sectional connation but is one this moot basic of all laws without the con­ Friedman v. United States, 158 F. Supp. 364 which affects all of our people and about sent of a full three-fourths of the States. (Ot. Cla.lms, 1958}; Augenbltck v. United which Americans of all persuasion have Amendments could not even be proposed States, 377 F . 2d 686 (Ot. Claims, 1967). concerned themselves. without the approval of two-thirds of each The question of the power of the federal It has recently been brought to my House of Congress, or as an alternative, with­ courts to review admlnlstratlve determlna­ attention that a very fine address was out the approval of two-thirds of the States. tlons by the mllltary has also been ralsed delivered several years ago by Mr. Lester Once the proposal was approved in thls man­ 1n a serles of cases ln whlch army or navy ner, it had to be approved by three-fourths I . Bowman, attorney at law, Petersburg, personnel have challenged on constltutlonal of the states before it could be accepted as or statutory grounds mllltary admlnlstratlve Va., who made some observations which an amendment to the Constitution. disapproval of their appllcations for consci­ I feel are worthy of the attention of The objective of this deliberately restric­ entious objector status. In those cases the Members of the House. tive procedure was plain that it was to pro­ courts, generally recognizing and applying Mr. Bowman is recognized throughout tect a minority of the people in a minority the non-revlewablllty rule, have denied re­ Virginia as an avid st11dent of law and of the States from the tyranny of simple llef. See, Brown v. McNamara, 387 F. 2d 160 a constitutional authority. A former FBI majority rule. The framers of the Constitu­ (3rd Clr. 1967); Chavez v. Ferguson, 266 F. tion realized, with great vision, that simi­ Supp. 879 (N.D. Cal. 1967}; Gilliam v. agent, he has served as a member of the larities among the States would take care of Reeves, 263 F. Supp. 378 (W D . La. 1966); Petersburg City Council for a number of themselves but the framers were concerned In re Kenewske, 260 F. Supp. 621 (N.D. years and has been active in civic and that differences among the States be re­ Cal. 1966}. But see, Crane v. Hedrick, 284 F. community affairs. stricted. They wished to be positive that Supp. 250 (N.D. Cal. 1968}; Gann v. Wil­ His address entitled "Did the Court changes ma.de in the Constitution were not son, - F . Supp. - (ND. Cal. 1968); Ham­ Interpret or Amend?" is so timely that I ma.de easily or impulsively. mond v. Lenfest, - F. 2d - (2d Clr. 1968}. would like to insert it in the RECORD at It has been said that words have different 1 The Uniform Code of Military Justice, this point. I commend his address to the meanings, but the words of a contractual In­ Title 10 U.S.C. § 876 makes court martial con­ strument as applied to particular events or victions "final and conclusive" upon the reading of the Members of this House and conditions at the time the Instrument ls courts but this does not seem to preclude to all those who regularly read the CON­ agreed to, have a permanent meaning. I sub­ ultimate collateral clvll court review on GRESSIONAL RECORD. mit, therefore, that the English words used habeas corpus, or other analogous collateral The address follows: in the Constitution mean the same that they attack, e.g., suit ln the Court of Claims (See, Dm THE COURT INTERPRET OR AMEND? did in 1788 and that courts should interpret Augenblick v. United States, 377 F. 2d 686, these words in the light of thelr meaning at 693 (Ct. Clalms, 1967) or possibly even De­ "Eternal vigilance Is the price of liberty." the time the contract was entered into. claratory Rellef raising lack of court martial This statement is attributed to Thomas Jef­ When one examines some of the recent jurisdiction (See Brown v. Royall, 81 F. Supp. ferson, and ls inscribed on the National Ar­ decisions of the Courts, he can only conclude 767 (D.C. Cir. 1949) .) chives Building in Washington, D.C. that the members of our federal Judiciary • As recently as October 7, 1968, the su­ "A government for the people must depend have adopted a new slogan, "Damn the Con­ preme Court by a vote of 8 to 1 refused to for its success on the intelligence, the moral­ stitution, full speed ahead." It ls indeed un­ stay duty assignment of army reservists to ity, the justice, and the interest of the people fortunate that some of our Courts have not the Vietnam war theater. themselves'' so said Grover Cleveland many seen flt to practice judicial restraint. Their • On September 29, 1968, thls court set years ago. failure to do so has resulted in a usurpatioit aside the submission of defendant's mo­ Prime Minister Gladstone of Great Britain of the powers of our Legislative Branch of tions-reopened the hearing and directed de­ once described the Constitution of the United our government. Thomas Jefferson feared fendant to make the transcript of the Witter States as "The most wonderful work ever this possibility and It gave him great con­ investigative proceedings a part of the record struck off at a given time by the brain and cern. In a letter to Judge Spencer Roane, of herein. This was done. The transcript ls now purpose of man." I am throughly in accord the Supreme Court of Appeals of Virginia, defendant's Exhibit G. At the court's request with Mr. Gladstone's vlews regarding our dated September 6, 1819, Mr. Jefferson said defendant has also flied, October 4, 1968, a Constitution, but I am very much concerned this: "The Constitution, on thls hypothesis, memorandum summarizing pertinent parts over the attempt to emasculate it by our ls a mere thing of wax In the hands of the of the transcript. federal Judiciary. Judiciary, which they may twist and shape Slnce the record goes beyond the com­ A great danger to constitutional govern­ Into any form they please." plaint, defendant's motion to dismiss wlll ment lies in the popular misunderstanding Mr. Justice Roberts of the Supreme Court be treated (as allowed by Rule 12) as a mo­ of Its precise methods and purposes. The of the United States adequately defined the tion for summary judgment. Rule 56 pro­ small minority who would treat the United purpose and powers of the Supreme Court of vides that on a motion for summary judg­ States Constitution as an archaic hindrance the United States ln the case of Uni ted States ment the adverse party (plaintiff' tn this to thelr centralist purposes, and willingly v. Butler, et al., 297 U.S. 1, 56 S. Ct. 312. Mr. case) may not rest upon the mere allegations would discard or subvert it, pose less of a Roberts said as follows: of his pleading but his response, by affidavit threat than the greater number who vocif­ "lt is sometimes said that the Court as­ or otherwise, must set forth specific facts erously support the Constitution, but who sumes a power to overrule or control the showing that there Is a genuine issue for unwittingly participate or approve actions action of the people's representatives. This trial. The record wm be viewed in this llght. that pretend to protect its features. is a misconception. The Constitution Is the January 28, 1969 EXTENSIONS OF REMARKS 2041 supreme law of the land ordained and estab­ is not d11ferent at any subsequent time when citizen of the United States ls denied equal lished by the people. All legislation must con­ a Court has occasion to pass upon it." protection of the laws when he is classed form to the principles It lays down. When The Fourteenth Amendment was proposed among the colored races and :furnished fa­ an act of Congress Is appropriately chal­ In 1866 and ratified in 1868. In the fifteen cllitles for education equal to that otrered lenged 1n the courts as not con!orm1ng to year period Immediately following the ra,ti­ to all • • • Were this a new question, it would the constitutional mandate, the judicial fica.tion of the Fourteenth Amendment, seven call :tor very full argument and considera­ branch of the government has only one duty; cases were brought to contest the continuing tion, but we think it ls the same question to lay the article of the Constitution which power of the States to operate racial sepa­ which has been many times decided to be is Invoked beside the statute which is chal­ rated public schools. In each of these cases Within the constltutlona.l power of the State lenged and to decide whether the latter Negro plaintUfs sought to secure equal pro­ Legislature to settle without Intervention of squares with the former .. . This Court tection. These cases were presented to the the Federal courts under the Federal Con­ neither approves or condemns any legislative highest courts of Ohio, Indiana, Nevada, Cal­ stitution. policy . . . The question Is not what power ifornia, and New York. Two Federal circuit • • •. The decision [to separate races] is the federal government ought to have, but courts also considered the same question. within the discretion of the State in regu­ what powers In fact have been given by the These cases should not be ignored as "an­ lating its public schools and does not con­ people. It hardly seems necessary to reiterate cient history". When it comes to answering flict with the Fourteenth Amendment." that ours Is a dual form of government; that the question posed In 1952 by the Supreme From the foregoing, lt is evident that the in every state there are two governments: Court itself-What was the Intention of the judiciary has performed its interpretive func­ The State and the United States. Each state framers and the adopters of the Amendment tion. In the field of public education, the has all governmental powers save such as in the terms of separate schools? These seven Constitution stood clearly defined and, so the people, by their Constitution, have con­ cases are fresh, pertinent and definitely far as education is concerned, the people ferred upon the United States, denied to the relevant. have not changed it in the slightest respect. states, or reserved to themselves. The federal In the Ohio case of Garnes v. Mccann, 21 Did the Supreme Court then have the union Is a government of delegated powers. Ohio 198, decided in December, 1871, the right to issue the opinion it did In the Brown It has only such as are expressly conferred Court said: Case? upon it and such as are reasonably to be "Equality of rights does not involve the The Court, in referring to the Brc,wn Case, implied from those granted. In this respect necessity of educating white and colored stated as follows: we dUfer radically from nations where all persons In the same school, any more than it "It follows that the Interpretation of the legislative power, without restriction or does that of educating children of both sexes Fourteenth Amendment enunciated by this limitation, Is vested In a parliament or other In the same school, or that d11ferent grades Court . . . is the supreme law of the land, legislative body subject to no restrictions of scholars must be kept In the same school. and Article VI of the Constitution makes except the discretion of its members . .•. Any classification which preserves substan­ it of binding effect on the States 'any Thing From the accepted doctrine that the United tially equal school advantages is not prohib­ in the Constitution or Laws of any State States is a government of delegated powers, ited by either the State or Federal Constitu­ to the Contrary notwithstanding.' " it follows that those not expressly granted, tion, nor would it contravene the provisions It is Interesting to note that Article VI of or reasonably to be implied frotn such as of either. There is, then, no ground upon are conferred, are reserved to the states or the Constitution provides that "This Con­ which the plaintitr can claim that his rights stitution, and the Laws of the United States to the people. To forestall any suggestion under the Fourteenth Amendment have been to the contrary, the Tenth Amendment was which shall be made In Pursuance thereof; infringed." and all Treaties made, or which shall be adopted. The same proposition, otherwise The Supreme Court of Indiana in 1874 was stated, is that powers not granted are made, under the Authority of the United called upon to decide a simllar Issue In Cory States, shall be the supreme Law of the prohibited." et al v. Carter, 48 Ind. 327, and after thor­ And now, we come to the main point of Land; and the Judges in every State shall oughly analyzing the Fourteenth Amend­ be bound thereby, any Thing In the Con­ my discussion, did the United States Supreme ment, said: Court have, the right to Issue the opinion it stitution or Laws of any State to the Con­ "We are very clearly of the opinion that trary notwithstanding." did in Brown v. Board of Education Is Inter­ the act of May 13th, 1869, is constitutional, preting the Fourteenth Amendment of the It of necessity follows that a court deci­ and that while lt remains ln force colored sion is neither constitution, law nor treaty, Constitution. I quote Section 1 of the Four­ children a.re not entitled to admission into teenth Amendment as follows : but merely declaratory of one or more of the common schools which are provided them. If such a court decision be the su­ "All persons born or naturalized In the for the education of the white children." United States, and subject to the jurisdic­ preme law of the land, then the United A similar Issue arose in the State of Cali­ States Supreme Court in the Brown Case tion thereof, are citizens of the United States fornia in the case of Ward v. Flood, 48 Cali­ and of the State wherein they reside. No has undertaken to amend the Constitution fornia 36 in 1874. The Court said: since Mr. Justice Taft in Gong Lum v. Rice State shall make or enforce any law which "• • •; and ln the circumstances that shall abridge the privileges or Immunities of previously held that the separation of the citizens of the United States; nor shall any the races are separated in the public schools, races In the public schools did not conflict; State deprive any person of life, liberty, or there is certainly to be found no violation with the Fourteenth Amendment. property, without due process of law; nor of the cons.titutlonal rights of the one race Section 5 of the Fourteenth Amendment deny to any person within its jurisdiction more than the other, and we see none of has provided as follows: the equal protection of the laws." either, for each, though separated from the "The Congress shall have power to enforce, We find some of the words and phrases other, is to be educated upon equal terms by appropriate legislation, the provisions of of the Fourteenth Amendment on the sur­ with the other, and both at the common the article." face, to be rather nebulous. When we speak public expense." Congress had never seen fit to pass such of a State's "a.bridging a citizen's privileges In the case of Uni ted States v. Buntin, legislation, until 1964 when It approved the or Immunities", or of a State's denying to any 10 Fed. 730 decided by the Federal Circuit Civil Rights Bill, which then became the person within its jurlsdJctlon the "equal Court of Ohio in 1882, the Court said: supreme law of the land. protection of the laws", it 1s fair enough ''The Supreme Court of the States has The men who wrote the Constitution rec­ to Inquire what these apparently amblgous held that such a classification of the two ognized, with unmatched political wisdom, phrases mean. races ls within the constitutional discre­ that true liberty can rise no higher or be To answer these questions, one must go tion of the legislature, and that the separate me.de more secure than the spirit of the peo­ to the primary source. What did these words education of the whites and blacks in ac­ ple to achieve and maintain lt. Their prime and phrases mean, as applied to particular cordance with the terms of the law is no concern was to devise a new form of govern­ situations, to the framers who drafted the wrong to either. I concur In and adopt this ment for the new Nation under which such Amendment and to the States that ratified decision as a correct exposition of the Con­ a spirit might thrive and find the fullest; It? stitution, • • • ." opportunity !or expression. The Amendments This argument is not one of disgruntled The United States Supreme Court 1n 1899 comprising the Bill of Rights followed only Southerners, for it is an established maxim In the case of Cumming v. Richmond Coun­ after the structure of government had been of law. Judge Cooley in his great work on ty Board of Education, 175 U.S. 528, said: established by the Constitution proper. They Constitutional Limitations said: "• • • the education of the people in resulted not so much from what the framers "A Constitution is not to be made to mean schools maintained by State taxation is a considered to be new Ideological imperatives one thing at one time, and another at some matter belonging to the respective States, as from fears among the States that the subsequent time when the circumstances and any Interference on the part of Fed­ national government might seek to tamper may have so changed as perhaps to make eral authority with the management of such with Individual rights already assured under a dUferent rule in the case seem desirable. schools cannot be justified except in the case the laws of the various states. A principal share of the benefit expected from of a clear and unmistakable disregard of For the most part, the rights guaranteed written constitutions would be lost if the rights secured by the supreme law of the by the first ten Amendments against federal rules they established were so flexible as to land." Invasion were simply those enjoyed by Eng­ bend to circumstances or be modified by pub­ Agaln in 1927 in Gong Lum v. Rice, 275 lishmen under the Magna Carta, the real lic opinion.• • •. The meaning of the Con­ U.S. 78, Mr. Justice Taft said: fountainhead of individual liberty. There stitution Is fixed when it is adopted, and it •'The question here is whether a Chinese were, however, two obvious extensions of 2042 EXTENSIONS OF REMARKS January 28, 1969 these rights: freedom of religion and freedom MAKING OUR GOVERNMENT WORK continues, unworkable," says Sen. Abraham of speech and press. Rlbicoff (D., Conn.), who has conducted 33 As the debates at the Constitutional Con­ hearings on the federal role In our cities. vention and the terms of the Constitution HON. FLORENCE P. DWYER This "quiet crisis," as many call it, may itself both reveal, the framers proceeded on not make dally headlines. But its severity is a premise which many years later Judge OF NEW JERSEY evidenced by a thousand and one bureau­ Learned Hand was to state in the following IN THE HOUSE OF REPRESENTATIVES cratic blood clots in the lifelines of our body words: "Liberty lies ln the hearts of men politic: and women; when it dies there, no constitu­ Tuesday, January 28, 1969 Propped against the walls of a county ad­ tion, no law, no court can save lt; no con­ Mrs. DWYER. Mr. Speaker, no more ministrator's small office in Missouri are 24 stitution, no law, no court even can do much difficult and challenging task faces the U.S. maps. "Each one shows the regional to help it." They staked their faith that 91st Congress and the new administra­ headquarters o! federal agencies I must deal liberty would prosper in the new Nation not tion than that of finding ways and means with," says the exasperated official. The maps primarily upon individual rights but upon reveal a ridiculous jigsaw pattern. For ex­ the kind of government the Union was to of improving the manageability of our ample, he says, the Department of Housing have. And they determined that in a govern­ immense and intricate federal system. and Urban Development (HUD) has its re­ ment of divided powers lay the best promise The Advisory Commission on Intergov­ gional offices in Fort Worth, Texas, wh!le the for realizing the free society lt was their ernmental Relations, on which I serve Bureau of Outdoor Recreation operates from object to achieve. as one of the three Members represent­ Ann Arbor, Mich.-1148 miles away. "I have The matter had a double aspect: first, the ing this House, has given this matter long to shuttle between them to discuss a park­ division of governmental authority between and careful study. More than a year ago way they're both involved in." the States and the central government; sec­ Encouraged by Washington to subinlt long­ ond, the distribution of power within the the Commission completed work on a range community-planning programs, New federal establishment itself. The former was comprehensive analysis of the fiscal York State applied for $1,670,000. But a rules solved by making the authority of the Fed­ strengths and weaknesses of our federal change required that the forms be split into eral Government supreme within the sphere system. The Commission has offered a 334 separate $5000 study blocks. The revision of powers expressly or implied d~legated to full agenda of specific recommendations took three months and monopolized 50 per­ lt and reserving to the States all other for bringing order to our grant-in-aid cent of the state agency's manpower, with powers-a reservation which subsequently structure and thus strengthening Amer­ the paperwork costing $150,000-nearly one found protection ln the Blll of Rights ican federalism. tenth the grant. through the provisions of the Tenth Amend­ Officials of the Interior Department's Na­ ment. The second aspect of the govern­ The enactment last year of the Inter­ tional Park Service in Minnesota tried to mental structure was solved by distributing governmental Cooperation Act of 1968 inspect a tract of land belonging to the Agri­ the total federal powers among the Legisla­ was a very significant step in the right culture Department's Forest Service, hoping tive, Executive and Judicial branches of the direction. It is important that the 91st to combine it with a piece of their own prop­ Government, each having defined functions. Congress build on that foundation. We erty to make a more 81.lltable public recrea­ Thus evolved the two great constitutional must find ways to consolidate existing tion area. Forest authorities refused to per­ doctrines of Federal!sm and Separation of programs, to achieve more flexibility and mit the park men on the land. "They act like Powers. to simplify and clarify confusing and two foreign nations," fumed Rep. John Blat­ These doctrines are the roots of our con­ nik (D., Minn.), who finally forced the two stitutional system. No view of the Bill of conflicting grant requirements. As the bureaucracies to negotiate. Rights or interpretation of any of its pro­ ranking minority member of the Gov­ In the nation's capital, Washington Post visions which falls to take due account of ernment Operations Committee I will columnist W!lllam Raspberry discovered a them can be considered constitutionally continue to work toward the accomplish­ merry-go-round of anti-poverty projects that sound. There is no such thing as a doctrine ment of these goals. has left the disadvantaged dizzy. There is the of civil rights at large, standing independent The February 1969 issue of the Read­ United Planning Organization (UPO), which of other constitutional limitations or giving er's Digest, now on the newsstands, con­ is supposed to coordinate all poverty efforts. rise to rights born only out of the personal But overlapping it is the People's Involve­ predilections of judges as to what is good. tains a timely and perceptive discussion ment Corporation (PIC). Then there is a And lt should further be observed that our of the problem. The article is entitled Model Cities Commission (MCC) and the federalism not only tolerates, but encour­ "The Great Challenge-Making Our Model Inner City Community Organization, ages, differences between federal and state Government Work." It was written by Inc. (MICCO). "Since all of them are de­ protection of individual rights, so long as Kenneth 0. Gilmore, the Digest's Wash­ pendent upon federal funds for their exist­ the differing policies alike are founded in ington editor, who headed a five-man ence, competition among them is inevitable," reason and do not run afoul of dictates of says Raspberry. "Most a.re accompl!shlng very team that gathered and analyzed a mass little." fundamental fairness. of material on which the article was Abraham Lincoln in his first Inaugural Ad­ STACK OF SPAGHETTI dress on March 4, 1861 said: based. I commend the article to the at­ These episodes spell out a dismal conclu­ "If the policy of the government upon tention of all Members; I include it at sion: our government has literally prolifer­ vital questions affecting the whole people ls this point in the RECORD: ated itself out of control. We are confronted to be irrevocably fixed by decisions of the THE GREAT CHALLENGE: MAKING OUR by an apparatus so large, disjointed and self­ Supreme Court the people will have ceased GOVERNMENT WORK perpetuating that it has defied all those who to be their own rulers, having to that extent (By Kenneth 0. G!lmore) have attempted to make it manageable. More practically resigned their government into disturbing, the system now puts a premium the hands of that eminent tribunal." (Note.-As the new President takes office on securing funds rather than on spending the vast bureaucracy he will command seems them according to the real needs of people. The written Constitution established in precariously close to a massive breakdown. 1 789 and amended in the intervening years How have we reached this sad point? The to meet changing conditions, is now being Here is why-and how-the public should answer lies in an examination of the grant­ support his battle for reorganization and In-aid system whereby tax dollars are deliberately disregarded, and the doctrine reform.) of conformity by coercion ls being advanced brought into Washington, then funneled As President Richard M. Nixon strives to back to states, localities, institutions and not only by our so-called Intellectual groups bring the nation together, no task presents a ~!;e~~-,';'ote-seeking politicians in our "great individuals under a multitude of matching greater challenge than overhauling the huge, formulas. Throughout the 1960s, a blizzard unwieldy machinery of our government. If we are to retain our Individual liberties of bills has swept through the Congress In It is an awesome, urgent call!ng. a frantic, unplanned effort to solve social llls. we must get the train back on the right "We need a far-reaching reorganization of track. This can only be done by us, the peo­ Within the last five years alone, 240 new ple, In voting intell!gently on the basis of government that will correct intolerable du­ or significantly expanded grant-in-aid au­ constitutional principles rather than for plications of mission and provide for im­ thorizations have been passed, including 17 personal or material gains in some form or proved coordination," says former-Secretary new programs for education, 15 for economic another. of Health, Education and Welfare (HEW) development, 12 to meet city problems and John W. Gardner, now head of the Urban 21 for natural resources. As former HEW boss I bel!eve the time has come when Ameri­ Coalition. cans bel!ev!ng in God, regardless of their Wilbur Cohen said, "There ls some kind of "Society will no longer tolerate the gap a grant that deals with almost every aspect denominational differences, must join in between the promises of democracy and our common purpose to restore our Constitu­ of human life." performance," says Sen. Edmund S. Muskie Predictably, federal-aid costs have sky­ tional Republic as a l!mlted government of (D., Maine), chairman of the Senate Sub­ the people, by the people and for the people. rocketed, climbing to $20.3 billion this year, committee on Intergovernmental Relations. more than triple the amount of a decade If we fall to do this, the government pro­ "The net result of our massive federal ef­ ago. But another price tag has to be reckoned vided by our founding fathers shall perish fort In recent years seems to be a policy that with: colossal confusion. An organizational and disappear from the face of this earth. is unplanned, unmanaged and, if the trend chart of today's crisscrossing bureaucratic January 28, 1969 EXTENSIONS OF REMARKS 2043 lines would resemble a giant stack of spa­ 4. The Heavy Hand. A recent study by the scare propaganda the second their sinecures ghetti. At the top, In Washlngon, are 21 U.S. Conference of Mayors scolds federal are threatened. But remember: there ls no federal departments and agencies with 150 authorities for an increasing tendency to way to prune deadwood from the federal bureaus and thousands of subdivisions. Be­ "impose managerial 'second-guessing' on lo­ forest Without some loud crashing of timber. low is a wilderness of 400 haphazardly scat­ cal admlnstrations." In Kansas City, Mo., Second, the public should enthusiastically tered regional offices. At the bottom-the which has a $480-milllon-a-year smorgasbord support the establishment of a commission receiving end of grants-are 90,000 units of of 64 programs, officials are burned up over to review the entire spectrum of government local government, not to mention tens of the behavior of high-handed federal visitors. activity. This commission could give the thousands of institutions and Individuals. "Don't worry about a thing," one Labor De­ President valuable advice on where to elim­ Every 24 hours, $55,616,438 pours through partment big wheel announced in describing inate deep-rooted excesses and overlap. this labyrinth from over 500 Congressional a sweeping job-tralning plan. "We're going to (The two Hoover Commissions of 1949 and authorizations split Into more than 1000 come In here and set up a btg staff." 1955 made 587 efficiency recommendations programs. How many millions are uselessly After it had a $1-mill!on anti-poverty and saved the taxpayers billions.) spent when 13 agencies operate 101 educa­ program well under way In Oakland, Calif., Third, Congress must revamp Its own out­ tional and cultural programs? Or when nine the federal Office of Economic Opportunity dated machinery. A long-standing b1ll to re­ different empires manage 192 installations decided-without ever consulting local of­ form the creaking committee system and supervising 1000 federal pollution projects? ficials-to finance a second, $142,000 pro­ create more effective Congressional staffs Or when there are at least 57 tax-fed job­ gram. Oakland planners were understandably should be adopted. Today, Congress Is pa­ trainlng programs spread among five federal bitter. "We had difficulty learning anything thetically unequipped to examine-and con­ departments? Or when there are 35 different about the venture," said one city official. trol-the multitude of proposals thrust upon federal programs !or housing and even five 5. The Grantsmanship Game. A number It by an ambitious bureaucracy. It must !or driver training? of states, institutions and cities now employ, therefore take part of the blame for the An Office o! Education pamphlet entitled under fancy titles such as "Urban Affairs federal layer cake. "Where the Money Is" lists 111 different pro­ Consultant," men whose basic mission ls to Fourth, searching study must be given to grams In that agency alone. But !or real find out just where to lay hand on federal a number of proposals shifting decision-mak­ dollar watchers, a private $225-a-year guide monies stored in the nooks and crannies of ing power back to local government. Out­ and file system breaks the educational jun­ Washington. At best, this growing profes­ standing liberals and conservatives alike gle into 430 subcategories. No one person sion of men schooled in all the subtle tech­ agree that remote control from Washington can keep up With It. niques of wheedling and cajoling provides an depletes and demoralizes responsible local Among the worst effects of this horrendous abysmal commentary on methods of dis­ leadership. hodgepodge: tributing federal funds. At worst, it has a Two of the most common proposals are: 1. The Long Wait. "It ls getting Increas­ distinctly unhealthy aroma. Says one pro­ "block grants," whereby Washington would ingly difficult for a local officer to get a deci­ fessional grantsman: "In conflict situations provide financial assistance in broad func­ sion, even a negative one," says Prof. Herbert I use personal friends, officials I know, Con­ tional areas, with wide discretion given to Kaufman of Yale, whose studies show that gressmen or even the President. They exert state and local governments; and "revenue some communities have waited for decisions the required influence on the person making sharing," which would return a percentage for 12 to 15 months after applications were the decision so that he will render a decision of federal income taxes for state and local filed. "You don't know if it is going to take favorable to our city." use. The goal of both proposals--to de­ six weeks or a year before an appllcatlon ls "Because some communities cannot afford centralize and give cities and states more approved," confirms an Atlanta official. "This to retain persons skilled in grantsmanship, power to set their own priorities-makes creates a breakdown of operation and they may fail to obtain aid for much-needed eminent sense. budgeting." services," Senator Muskie has noted. "On the These four steps will be neither easy to 2. The Paper Explosion. The Kitt Peak other hand, communities with talented take nor absolute In effect. They must be National Observatory In Arizona, operated by grantsmen have obtained more funds than combined with far-reaching modernization several universities with federal aid, must could be spent wisely. One wonders whether of local governments from the state house regularly turn in the following data to Wash­ the receipt of a grant may depend more upon to city hall. And they must be supplemented ington: non-discrlmlnatlon report, com­ the cleverness of the person preparing the by fresh ideas-from tax credits, to citizen puter-utilization report, Davis-Bacon labor­ appllcation than upon real needs." And, in participation, to the training of a new gen­ wage report, federal-contract report, federal fact, a secret government report concludes eration of cooperating admin.lstrators on drivers'-llcenses report, gold-flow report, that "richer counties receive proportionately every level. patent report, excess-property report and more of the federal dollars than do poorer But if one common theme has come forth federal-property report. "The flood of mate­ counties." out of all the study of our federal structure, rial which rolls out from Washington to the SERIOUS QUESTIONS It Is this: the motivation, direction and moral would-be aid recipient ls exceeded only by One of the many who kept hearing com­ force for real reform must start at the top. the volume of paper which he must send plaints about the federal-aid runaround was Richard Nixon is determined to "bring us back," says Sen. Charles McC. Mathias (R., Rep. William Roth, a young first-term Re­ together." He can make a historic stride Md.), who has closely studied this problem. publican from Wilmington, Del. To find out toward that goal by bringing our govern­ The Bureau of Outdoor Recreation offers what was going on, Roth distributed sophisti­ ment together-and making It work. applicants a two-page form, but this re­ cated questionnaires to every agency and quires knowledge of a nine-page guide which, subdivision In the federal establishment, In turn, ls based on a 260-page manual asking about their programs. At first, many amended with 24 releases totaling an addi­ bureaucrats didn't take him seriously. Indeed, INTRODUCTION OF BILL TO LIMIT tional 200 pages. HEW refused to return the questionnaire, POWER OF PRESIDENT IN CREAT­ The Midwest Research Institute, after In­ clalming It would take 1600 hours to com­ ING OR ENLARGING NATIONAL terviewing officials in ten cities from Port­ plete. "If that's what's necessary to inform land, Ore., to Providence, R.I., reported that the public about your programs," said Roth, MONUMENTS these men were "deluged by pound after "then somethlng's really wrong With the pound of printed matter, all of it telllng only system." HON. LAURENCE J. BURTON a part of what they must know to manage Last June, William Roth stood before his intell!gently." colleagues in the House to reveal the results OF UTAH 3. Silly Rules. "A major complaint about of eight months of research. He told them IN THE HOUSE OF REPRESENTATIVES federal administrative regulations ls their first that nobody in the government, neither Tuesday, January 28, 1969 rigidity." This was the conclusion of the at the White House nor In Congress, knew 26-man Advisory Commission on Intergov­ exactly how many programs existed, where Mr. BURTON of Utah. Mr. Speaker, ernmental Relations after extensive lnves­ they were or what they were about. He told on the morning of the day that President tlgatlon. Former Gov. John Connally of them that he had so far identified 1050. "I Johnson left office-that is, sometime be­ Texas complained about "trivia" that Agri­ belleve," he concluded, "that my findings tween 8 a.m. and 12 noon on January culture Department bureaucrats have im­ raise serious questions as to the efficiency of posed, such as temperature-control regula­ the present grant system." 20-he signed proclamations extending tions for cat and dog cages used ln grant­ No one ls more aware of these "serious the boundaries of two national monu­ supported actlvltles. questions" than President Nixon, who has ments in the district that I represent in In one case, local officials had to spend pledged to streamllne our federal system. the State of Utah. considerable time reaching an agreement Here Is how every citizen can help him win One proclamation affects Arches Na­ not to be forced to list every individual this battle for better government: tional Monument, adding some 49,000 fireplug and street light in the city as part First, the President must be given every acres to its former 34,010-acre area. The of an administrative manual on "public im­ opportunity to shake the worst bugs out of provements." Not long ago, an appllcation the system. The White House deserves all the other proclamation enlarges the size of for a park grant was sent back to Nassau backing lt can get as efforts are made to strip Capitol Reef National Monument from County, New York. Why? It was not sent down worn-out agencies and combine others. 39,117 acres to 254,117 acres, a sixfold in a proper binder. Vested Interests, of course, Will be peddling increase. 2044 EXTENSIONS OF REMARKS January 28, 1969 This was done on Monday. The Mem­ use of the Antiquities Act in this regard. of the knowledge available for possible bers of the Utah congressional delega­ However, those other instances, in my total comprehension. Man's destiny tion were not informed of the Presi­ view, were no less improper than the ones therefore rests in his dreams and faith dent's intentions in this regard until the to which I raise objection today. I think in a superior being. It was with this evening of the preceding Thursday. In the only proper way to set aside vast thought in mind that astronaut Borman other words, we were given less than 4 areas of land in national park status or read the following prayer: days' notice of an action involving almost national monument status or wilderness Give us, O God, the vision which can see 300,000 acres of land in the State of Utah status or recreational area status ls Thy love in the world in spite of human !all­ and the rights of numerous individuals through specific acts of the Congress of ure. Give us the faith, the trust, the good­ to use them. Obviously, there were no the United States. It should not be done ness, in spite of our ignorance and weakness. hearings conducted by any public body by Executive flat. It is the Congress, not Give us the knowledge that we may continue before this action was taken; there was to pray with understanding hearts and show the President, who should make de­ us what each one of us can do to set forth no effort made to inquire with respect to terminations of this kind. When the Con­ the coming of the day of universal peace. the wishes of the people most vitally gress acts it has been my experience that affected by the action, the people who the people are first heard. This is not al­ Without any doubt, I am sure that the live in the area. ways so when the Executive acts. No area, vast majority of Americans believe as I In making the enlargements, the Pres­ except in very limited cases, should ever do that in this new world of science and ident acted under authority of the Antiq­ be given status as a national monument space, our faith in God needs added uities Act of June 8, 1906. That act reads without a bill being introduced in the strength to guard against the eroding as follows: Congress for that purpose and without proposals promoted by certain individ­ The President of the United States ls au­ that bill going through the orderly steps uals possessing a desire to destroy the thorized, in his discretion to declare by pub­ of the legislative process. There should basic Judeo-Christian traditions of this lic proclamation historic landmarks, historic be hearings on the matter. The views of great country. Madalyn Murray O'Hair and prehistoric structures, and other objects the opponents and the proponents should has undertaken another such negative of historic or scientific interest that are program in her quest of that ultimate situated upon the lands owned or controlled be heard, expert testimony should be by the Government o! the United States to adduced, and opportunity given for de­ goal. She is the example of how an indi­ be national monuments, and may reserve as bate of the issues by members of the ap­ vidual, purporting to represent a dissi­ a part thereof parcels of land, the llmlts o! dent minority, can cause the freedom of propriate committees and of the Congress to which in all cases shall be confined to the In the majority be taken away. Such ac­ smallest area compatible With the proper itself. most cases, I would think, field tion as she espouses are but stepping care and management of the objects to be hearings should be held. After all of this stones until, in due course, many of our protected. When such objects are situated has occurred, then it may be proper to freedoms could be lost. upon a tract covered by a bona fl.de unper­ create such a monument, but it is wrong This woman, who was instrumental in fected claim or held in private ownership, to create it in any other fashion. the tract, or so much thereof as may be getting prayer removed from public necessary for the proper care and manage­ I have today introduced a bill which schools, now wants prayer banned from ment o! the object, may be relinquished to would amend the Antiquities Act to pre­ outer space. She believes that she has the Government, and the Secretary of the vent future occurrences of the kind that the power to influence or control the en­ Interior ls authorized to accept the relin­ took place on January 20. By the terms of trance of prayer into the vast networks quishment o! such tracts in behalf of the my bill the power of the President to cre­ of the universe and is proceeding on that Government of the United States. June 8, ate national !IlOnuments or to increase assumption. The basis for her feelings 1906, c 3060, § 2, 34 Stat. 225. the size of existing ones would be strictly are due to the fact, as she states it: It is to be noted that the purpose limited to designations involving only Christianity, you know, is a very minor underlying the act is to allow for preser­ small tracts of land, to be specific, four religion and ls accepted by a very minor vation through Executive order of "his­ sections, or 2,560 acres. This is sufficient number of people in the total world. toric landmarks, historic and prehistoric to allow for protection of historic and/ or scientific sites in those rare cases where She must also take into consideration structures, and other objects of historic that she is a citizen of the United States or scientific interest." I also draw atten­ it is deemed inexpedient to refer the proposals to the Congress. where this statement would be far from tion to the fact that any lands to be set true. Perhaps if Mrs. Madalyn Murray aside under this act "shall be confined to My amendment keeps intact the full O'Hair attended any church, she would the smallest area compatible to the letter and spirit of the Antiquities Act. know that there are approximately 1 proper care and management of the ob­ But it would prevent the Executive from billion Christians in the world, besides jects to be protected." continuing to use the act for purposes which the overwhelming majority of the It is my firm conviction that Presi­ for which it was never intended. I would world's people believe in a supreme being. dential orders creating monuments which greatly appreciate my colleagues giving The astronauts' prayer for peace offended are neither of historic nor scientific their close attention and consideration few people, and as for myself, the Christ­ nature, but which are scenic in character to the bill that I have introduced. It is mas message beamed from outer space and which embrace almost 300,000 acres my hope that it will be speedily and made my Christmas a deeply spiritual of land-as is the case with the Arches favorably acted upon. one. and Capitol Reef proclamations-are Madalyn Murray O'Hair has spoken greatly beyond the scope and original to many student groups at different col­ intent of the Antiquities Act. I think it leges and universities around the Nation, is quite clear that the act was to provide FAITH IN SPACE and one of such students sent me his later for preservation of historic sites and thoughts: buildings, and in cases involving rela­ tively small amounts of land. I do not HON. HOWARD W. ROBISON I stopped to think that since the school OF !IEw YORK prayer ban, I've noticed no great improve­ think that it was ever intended to be a ments in American education which evolved vehicle whereby vast acreages could be IN THE HOUSE OF REPRESENTATIVES from her work. As a. matter of fact, there is placed in what for all practical purposes Tuesday, January 28, 1969 now more student unrest, more massive and amounts to national park status. belligerent protests, and a higher percen­ I believe the proclamations of Janu­ Mr. ROBISON. Mr. Speaker, Amer­ tage of youthful delinquency than ever be­ ica's three great astronauts have com­ fore. I'm not sure, nor am I saying that these ary 20 violate the very spirit of the An­ pleted the most significant and far­ tiquities Act, if not also the letter of it. are results of a prayer ban, but it ls a reaching journey undertaken in the thought. I am not unaware that other Presidents history of mankind. They stand before in other times have also relied upon the the people as the composite of all the ini­ At any rate, she is now engaged in her Antiquities Act in creating or enlarging tiative and productive capabilities of the newest space prayer-ban proposals and national monuments similar to those en­ human race. But Man, in terms of all the nothing seems to be stopping her or be larged by President Johnson several days universe, is a very insignificant being. in her way. It is in the American tradition ago. There is precedent for Mr. Johnson's His limits of understanding fall far short that she and others have and can exer- January 28, 1969 EXTENSIONS OF REMARKS 2045 cise the right to eXDress opinions: but LADY Bm.D ASSURED HER PLACE on behalf of the disadvantaged, most partic­ ularly her pioneering battles for social Justice I think that everyone, whether he be IN HISTORY for Negroes. But she thereby brought down atheist, agnostic, or believer, should on her bead torrents of abuse from those slowly and sincerely ask himself, "What HON. GEORGE P. MILLER who did not want to see their pr1v1leged lit­ good purposes will it serve?" tle worlds shaken up. I include in the RECORD at this point OF CALIFORNIA But operating always in low key, often on a letter from one of my constituents to IN THE HOUSE OF REPRESENTATIVF.S less controversial subjects but sometimes the editor of the Elmira, N.Y., Star­ Tuesday, JanuaT'!I 28, 1969 taking on the big ones--and placing em­ Gazette which seems to relate the prob­ phasis always on Southern charm and sweet lem most concisely: Mr. MILLER of California. Mr. Speak­ reasonableness-Mrs. Johnson has, many er, few have presented so true and sen­ think, moved mountains. And she managed Mas. O'HAm TRYING To TAKB AWAY P'REEDOM sitive a picture of the former First Lady, to remain loved and admired at the same To the EDITOR: Mrs. Lyndon B. Johnson, as Isabelle time. It seems a shame that in th1s day and age Reporters recall agonizing over the text a few narrow minded, selfish, self-centered Shelton in the Sunday Star of January of one of her speeches, at the University of people that represent a minority can ca.use 12, 1969. Alabama in Tuscaloosa--wbere Gov. George the freedom of the majority to be taken It is seldom in our history that a First Wallace bad stood in the doorway a few away. Lady has so taken to her heart the duties years earlier, the symbol of resistance to I am referring to Mrs. Madalyn Murray brought upon her by her husband's office. school integration. O'Ha.ir and her followers who feel that the In executing these duties, she has man­ DELICATELY PHRASED Obristma.s message from our astronauts in aged to combine both serenity and effi­ outer space was a "tragic situation." The The First Lady seemed in her speech to same Mrs. O'Hair who was instrumental in ciency, both warmth and dignity, both be pleading for racial tolerance and under­ banishing a.ll prayer from public schools is calm and vivacity, both charm and can­ standing, but it was so delicately phrased now attempting to take away the freedom dor. The American people owe Mrs. that reporters found themselves having to Johnson a debt, the magnitude of which interpret her intent in their own words-a of speech and religion of our astronauts. step beyond what they regard as their proper The Christians, Jews and countless other only time alone will indicate. role. religious sects that believe in a Supreme Be· Sharing as I do with millions of Amer­ But the largely white Southern audience 1ng are not forcing Mrs. O'Hair to believe. We icans the same admiring regard for this filling the college auditorium-who listened offer her the same freedom that we have and most remarkable lady, it is fitting that attentively but applauded little seemed to Wish to preserve, and that is to believe and I should make Miss Shelton's article a get and accept the gentle message. choose a.s we so decide and not a.s Mrs. O'Hair part of my remarks: College officials said later they felt the decrees. speech bad been very helpful, and that a No one forced her to listen to or believe the LADY BIRD Assmum HEa PLACE IN HISTORY more direct, bombastic approach from the message from our astronauts this Christmas (By Isabelle Shelton) First Lady would have set back rather than Eve, Just as no one forces you to believe or Witbln weeks of the time be became Presi­ helped the cause of integration. not believe a.s you presently do, but at least dent, Lyndon Johnson predicted in an ex­ But if her approach was most often low we have a choice. Mrs. O'Hair is trying to clusive interview With this reporter that bis key, she was capable of speaking out strong­ take away this choice. Wife, Lady Bird, would be the most success­ ly and courageously when she thought a If this woman and those like her are not ful and influential First Lady in the nation's situation demanded it. stopped, this country could very well be history. She was one of the first national figures deprived of everything that it stands for, It sounded like a bit of Texas bravado at to publicly tangle With the hecklers, four everything that makes it the most wonderful the time, when the country was still under years before they became a common sight country in the world. the spell of the lovely, grieving Jacqueline, at political rallles across the land. If she were to succeed in her present ven· widow of the assassinated President John F. SOFT SELL ture, some of her next ventures could prob· Kennedy. ably be: They plagued her historic 1964 whistle stop Now, five years, 200,000 miles and innumer­ train tour of the South-where she was sent 1. Remove the words "under God" from able speeches, tree planting, river rides, Head the Pledge of Allegiance. by the Democratic National Committee be­ Start, visits, awards, plaques and citations cause it was felt her soft sell would go over 2. Eliminate the swearing on the Bible in later, there are few in the nation who would (a) the presidential Inauguration, (b) a.ll better With her "klssin' cousin" Southern not agree that the President's proud predic­ kin folk than would LBJ, by then a.natbama court proceedings, (c) all other oaths of al· tion has quite literally come to pass. legiance. to the South for bis part in passage of the 3. Prohibit all Catholics from blessing FERMENT AND TORMENT 1964 Civil Rights Act. (It worked, too. She is themselves in public. In a time of almost unprecedented ferment Widely credited with holding four of the 4. Prohibit all benedictions a.nd invoca· and torment for the nation, With passions eight states she visited for LBJ.) running so high that three leaders have been She held her ground valiantly with the tions at public affairs. hecklers, in Columbia, S.C., and other cities, 5. Prohibit all Christians, Jews and other murdered, her husband driven from office and his party badly wounded, Lady Bird shaming her tormentors into letting her have religions from using the U.S. malls for any her say in a manner not unlike that which religious greetings or announcements. Johnson bas somehow ridden serenely brought kudos this past fall to Democratic 6. Ban Cbrtstma.s as a national holiday. through it all. Although she was picketed by those With Vice Presidential candidate Edmund Muskie. Etc .•. Later, back on the train, she raised cain This list may sound ridiculous, but so was messages for LBJ-usually about the Viet· nam war-the bitter, searing criticisms of privately with Rep. Hale Boggs, one of the the prohibiting of school children from re­ tra1n's chief tub tbumpers, for call1ng the peating a prayer in public school, and so is her husband somehow never rubbed off on her. hecklers "Na.z1s and Fascists." what Mrs. O'Hair ls trying to do now. The heckling and the many bitter signs I urge every religious, social and fraternal This was true even though she participated more actively than almost any other First ("Impeach Lady Bird," "You've Got the group, and every person to band together, cir· Feathers, We'Ve Got the Tar") backfired culate petitions, Write your congressman and Lady in the often turbulent affairs of the nation. against their perpetrators, bringing Mrs. stop this woman and her followers from tak· Johnson sympathetic editorials across the ~~- away the freedom our forefathers fought If she bad sat quietly above the battle, performing only as a gracious White House land, especially in the South. "In the South, we don't treat a lady that I beg of you, don't sit back and say "What hostess, as have most First Ladles, the lack of criticism could be understood. way---especially the First Lady of the land," can I do?", for if one woman can inspire ran the recurring theme. enough people to deprive us of what she al· GENTLE MANNER She bad spotted the hecklers for the men­ ready bas, you can inspire enough people to But she chose to become Involved With ace they were to become. On her return to preserve this precious freedom of ours from some of the nation's rawest, stickiest prob­ the White House she issued a statement, in people like Mrs. O'Hair. lems--albeit always approaching them in a the form of a letter to Democratic Nation.al GEORGE E. LEVESQUE. gentle, ladylike manner, and usually quite Chairman John Balley, that might well have ELMm A. obliquely. served as a text book for those involved This was probably her greatest strength. in similar incidents last fall including the Mr. Speaker, the author of the letter, Unlike the late, revered Mrs. Franklin D. Chicago police department. Mr. Levesque, has proposed that he or­ Roosevelt, the only other First Lady With She was concerned, she wrote Balley, "be· ganize a nationwide campaign of resist­ whom she can reasonably be compared, she cause at times the heckling went beyond a ance to Mrs. O'Hair through the junior never attacked evils frontally. mere difference of opinion and because young chamber of commerce Jaycees. I am en­ Eleanor Roosevelt earned the respect and people, many of them too young to vote, were couraging him to proceed with his plan. affection of mUlions for her tireless efforts being used to express the enmity of others. 2046 EXTENSIONS OF REMARKS January 28, 1969

"I am afraid some of them were the un­ highest order," !or which "the United States WOMEN DOERS suspecting victims of hate organizations will be forever in your debt." Perhaps actua.lly more important was the whose vehemence the President and I have Chatting earlier with reporters, Ketchum fact that Mrs. Johnson, by the mere fact of met before." had been even more lyrical of "the marvelous scheduling the luncheon (one of her "Wom­ GET THE MESSAGE job" that Mrs. Johnson bas done in sparking en Doers" series) had shown that she did She asked the party chairman to "get the the visual redemption of this urban environ­ have a concern about the problems of the message to our people that even when ex­ ment of ours. cities. pletives of others are angrily unrestrained PUBLIC INTEREST She didn't win them all. and our candidates and spokesmen inter­ Reports filtering back to AIA headquarters Although she made the nation much more rupted by sustained and loud interference, from Its chapters In 50 states brought word conscious of lts environment, she lost her our people must refuse to be provoked. They that there now ls "tremendous public inter­ second encounter with the bill-board lobby must not be intimidated into abandoning est" in a broadscale attack on "commercial in Congress. Big signs will continue to clut­ the sense of decency and fair play . . ." ugliness" that goes way beyond "just plant­ ter the 18Jldscape. She showed courage of a high order just ing flowers and screening Junkyards" and She is aware, too, that she only scratched a few days later when the greatest storm gets to the very core of American llfe, Ketch­ the surface of much of the ugliness-and of the 1964 campaign broke over the head um said, citing multl-mllllon dollar face­ that even what she did achieve can slip of the Johnson administration with the ar­ ll!tlng projects In such cities as Boston, Hart­ back, if others don't carry on the work. rest of Wa.lter Jenkins, LBJ's right-hand ford and Ph!ladelphla. "There ls no reason why, because I planted man, on a morals charge. "Only her sponsorship has made it pos­ trees, another First Lady should have to It was one of those moments of high sible," he said. "I can't think of any other water them," she said in a recent speech. drama in a campaign, which have been case In American history where a First Lady "But I hope someone will," she added wist­ known to completely reverse the course of has taken on such a worthwhile cause. fully. -events. "She has brought home to the American She was disappointed never to find a bet­ With the country in shock and the Presi­ people the need for a change in our cities and ter word than beautification to encompass dent, campaigning in New York, thunder­ countryside. We lead such busy lives, we what she was try1ng to do. She asked the na­ ing for Jenkins' resignation, it was the First never have time to look around us. I think tion to help her, but no one ever came up Lady who had the guts to issue a state­ she has made people look around, and after with anything she thought was an improve­ ment from the White House, on behalf of that things happen. ment. the Johnson family, expressing grief and "Every countryside, every city, every citi­ She lost a struggle over her own name, compassion for a companion who had fallen. zen has been touched by her efforts. It ls a too-a personal disappointment to her. "My heart is aching today for someone genuinely important and lasting contribu­ Dubbed "Lady Bird" by a nursemaid when she who has reached the end of exhaustion in tion." was only two years old, she never had liked dedicated service to his country," the state­ MOST CHERISHED it, but was unable to effect the switch back ment read. to her christened name, Claudia Alta Taylor. "Walter Jenkins has been carrying in­ Of all the honors she has received, possibly (Her husband didn't help much by continu­ credible hours and burdens since President the one she will cherish most is one she ing to list "Wife, Lady Bird" in his biogra­ Kennedy's assassination. He is now getting can't take home to hang on her wall. It is phy which ran so many years in the Con­ the medical attention which he needs. the recent designation of a 121-acre park on gressional Record). a Potomac River island as Lady Bird Johnson PRAY FOR RECOVERY Park. No summary of Mrs. Johnson's White House years is complete without mentioning "I know our family and all of his frlencls­ Beautification was not the only string to her incomparable staff director and press sec­ and I hope all others-pray for his recovery. Lady Bird Johnson's bow, a.Ithougb it retary, Elizabeth Carpenter, and the talented I know that the love of his wife and six seemed to be the one closest to her heart. crew Mrs. Carpenter corra.lled to help her. fine children, and his profound religious She also will be remembered for helping fo­ faith, will sustain him through his period cus the spotlight a First Lady controls on DEVOTED LIZ of anguish." such diverse projects as Head Start, VISTA, Many of the things Mrs. Johnson sought It was Lady Bird Johnson's finest hour adult education, remedial reading, and ef­ to achieve would not have been possible in the White House. forts to alleviate grinding rural poverty. without the inventiveness, devotion 8Jld ev­ "The plain fact ls there has never been a The Women's National Press Club, in giv­ erpresent wit of Mrs. Carpenter, an authentic First Lady to equal Mrs. Johnson," says ing her its Eleanor Roosevelt Golden Candle­ public relations genius who la.bored untir­ the venerable and very Republican Allee stick Award last month for her "efforts to ingly, and who (through many battles both Roosevelt Longworth, who has been watch­ improve the quallty of llfe for all Americans," with and for this and other reporters) never ing First Ladies from a front row seat in touched on several of these. forgot the first rule for one In her role­ Washington ever since her stepmother, "She a.roused the nation's conscience to that the interest of her "client," or princi­ Theodore Roosevelt's second wife, became preserve America's natural beauty and its pal, always came first. one 68 years ago. historic sites .. . . She walked through But Just as Lady Bird Johnson couldn't "No woman has ever accomplished this slums, climbed the heights and hollows, rode have done it all without Liz, so-as Mrs. task" of First Lady with Mrs. Johnson's the river rapids and planted trees from coast Carpenter would be the first to say-even "combination of strength and grace; she to coast. All thls---and more-she did to the irrepressible Liz couldn't have done It has never once put a foot wrong," TV news­ dramatize problems of poverty, education, without a wonderfully co-operative, imagina­ man Eric Severeld quotes Mrs. Longworth recreation and conservation." tive, disciplined and dedicated First Lady, as telling him. In her open-hearted hospitality, she who knew exactly what she sought to achieve, Mrs. Johnson's preoccupation with what "shared the White House with all the people and who was willing to work like the very she called "beautification" which to some as never before," the citation continued. dickens to achieve it. conjured up visions of Helen Hokinson-type "She set high standards of personal dedi­ One can well belleve Mrs. Johnson when club women planting posies along the high­ cation, and added a new dimension to the she says these days that she ls "looking for­ ways (and which some observers complained role of First Lady." ward to a long rest." was "boring") , was recognized to be much Some critics complain that Mrs. Johnson, a President Johnson told this reporter in more than that by Just about every major sma.11 town girl much of her life, never be­ that first early interview that the reason his organization concerned with improving the came sufficiently Involved with big city wife would be so successful as First Lady quality of American life. ghetto problems---and this may be one rea­ was that she was "the most disciplined, or­ MANY AWARDS son !or the only serious blast of criticism ganized person I ever knew," and that he She could line the walls of the LBJ ranch­ that ever came her way, singer Eartha Kltt's was "constantly amazed at the amount of or the LBJ Library under construction in fiery explosion at a White House luncheon. work she managed to get done" in an un­ Austin, Tex.-wlth the medals, plaques and Miss Kitt actually had been set off by an­ ruffled manner. citations she has received !or her beautifi­ other speaker at the luncheon, whom she Looking back over the past five years, he cation efforts alone. felt was papering over deep and fundamental seems to have been right about that, too. Typical Is the citation given her in 1966 problems causing crime by talking about in­ Mrs. Johnson has set a high water mark by the prestigious American Institute of stalling more street llghts---but the volatlle for the new First Lady, Pat Nixon, to shoot Architects, "In recognition of her determi­ entertainer took a side swipe at beautifica­ at. nation to restore beauty where It has been tion a.long the way, arguing that planting Knowing full well what It's like to come forgotten; to preserve beauty where It ex­ flowers didn't settle any fundamental prob­ along after a widely admired First Lady, she ists, and to protect our natural resources. lems either. has generously tried to ease the problem ~or "Her sensitivity, vision and hearts and The country rallied to Mrs. Johnson, im­ her successor by twice pointing out publicly conscience of the American people, who have pressed by her dignified but spirited re­ that no First Lady has to be llke any other ra.llled behind her in this great cause." sponse and outraged by the violence of Miss First Lady, but that each, in the parlance of AIA President Morris Ketchum Jr., of New Kitt's language, and what they felt was its today's youth, should "do her own thing." York, in presenting the citation, praised the inappropriateness from an invited luncheon Addressing the Women's National Press First Lady's efforts as "statesmanship of the guest. Club, she urged that the "media's wide lens" January 28, 1969 EXTENSIONS OF REMARKS 2047 allows all future First Ladles "freedom to NATIONAL MARITIME UNION (Act of 1904) there were no provisions re­ do what comes naturally." quiring employment o! American seamen on In an ABC television interview with How­ American ships. The !act that the 1936 Act ard K . Smith, she said that every First Lady HON. JOHN D. DINGELL specified that it was to be national policy must be allowed to "hew her own way ln OF MXCHIGAN to maintain an adequate American merchant this place.'' marine manned by American seamen made They were gracious, kindly gestures, which IN THE HOUSE OF REPRESENTATIVES no difference, they claimed. It took a master,. may ease her successor's path. Tuesday, January 28, 1969 ful job by our general counsel, Abraham E. But any way you look at it, Claudia Alta Freedman, to establish that Congress actu­ Taylor Johnson, 34th First Lady of the Mr. DINGELL. Mr. Speaker, late last ally had ,the protection of American seamen, United States, ls going to be a hard act to month the U.S. Tenth Circuit Court of as well as American shipowners, in mind follow. Appeals handed down what well may be when they passed the 1904 Act. a landmark decision in the case of the Our counsel was able to make a strong case National Maritime Union versus the De­ on this point by excerpts from the 1904 PRESIDENT RICHARD NIXON partment of Defense; that is, Curran House Committee report. The Appeals Court against Clifford. The court ruled that the therefore, decided on this point that U.S. sea­ men have the right to take action against HON. JAMES F. HASTINGS Defense Department can be required to violations by the Defense Department. It OF NEW YORK answer to seamen for noncompliance went even further. The majority declared IN THE HOUSE OF REPRESENTATIVES with Federal maritime laws. It further that seamen, through their union, "are per­ held that the Defense Department must haps the only party with sufficient interest Tuesday, January 28, 1969 look to the reserve fleet before deciding to challenge the Defense Department's al­ Mr. HASTINGS. Mr. Speaker, under no U.S.-flag ships are available to carry legedly unlawful administrative practice and the leave to extend my remarks in the military cargo. Finally, the court's deci­ thereby to vindicate the public interest in an sion pointed out the fallacy of the so­ adequate wartime merchant fleet. The court RECORD, I include the following editorial pointed out that responsibility to challenge from the January 22, 1969, edition of the called effective control theory, which violations of maritime laws by the DoD could Jamestown, N.Y., Post Journal, one of contends that American-owned ships not be left to U.S. shipowners because they New York State's distinguished news­ using foreign crews under flags of con­ have interests in foreign, as well as U.S. flag papers. On this date when we have been venience can be requisitioned by the operations. So the court decided that we have honored in this Chamber by a visit from United States in a time of emergency. a right to sue and went on to indicate its the President of the United States, I The National Maritime Union, the belief that we have a responsibility to sue particularly want to commend this edi­ largest union of unlicensed seamen, has for the public interest, as well as our mem­ been battling for a long time to win the bers' interest. torial to the attention of the Members. This is an extremely important point for The editorial follows: right to contest Government policies that all of maritime labor and for organized la­ PRESIDENT RICHARD NIXON undermine the U.S. merchant marine. It bor generally. It establishes that the Defense Richard Mllhous Nixon ls the 37th Presi­ now appears that the National Maritime Department can be required to answer to dent of the United States of America. It has Union's court victory will lead to a show­ unions for violations of law which injure been a long, tedious road for Mr. Nixon, but down on Government maritime policies American workers economically. This ls go­ the qualities which carried him through to which the union has been seeking. ing to mean a great deal to us not only in realize this triumph should stand him in In its ruling the court of appeals de­ court actions but in our work in Congress good stead as he undertakes his awesome cided that the 1956 cargo preference law and with government agencies on maritime task of nat ional leadership. policies and practices. for shipment of U.S. military cargoes was It doesn't matter whether in this case the Narrowly defeated in his first bid for the meant for the protection of seamen as Presidency eight years ago, routed in a sub­ court believes DoD violated the law or not sequent campaign for Governorship of Cali­ well as shipowners and the Government. (the indications are they don't think so) fornia, humiliated and embittered, Dick This decision can be vital to the future the important thing ls that the court has Nixon appeared to be at the end of the politi­ of the merchant marine. All too often, ruled that we-as the representative of cal tt"ail. But he refused to surrender. Op­ maritime laws passed by Congress have American seamen-have the right to chal­ erating from a new base in New York, where been treated in a rather cavalier fashion lenge the Defense Department and when they he attained eminence and affluence in the by the executive branch, particularly the are so challenged, the Secretary of Defense practice of law, he continued his active par­ has to prove that their actions do not vio­ Department of Defense. The seamen and late the legal rights of American seamen. ticipation in politics. Traveling the country their unions can, if the Supreme Court from coast-to-coast he devoted countless Up to now, where questions of defense are hours of time and energy to Republican fund upholds the circuit court, insist that the concerned, nobody could effectively question raising activities and the campaigns of other Government uphold the laws with a legal the Defense Department, which considered men, storing up a fund of political I.O.U.'s approach. itself the sole authority on its own actions. which he cashed at the 1968 Republican I include the statement of Mr. Joseph Therefore, the Department has tended pretty convention, meanwhile deepening and broad­ Curran, the union's president, on the ef­ much to ignore the intent of Congress and ening his study of national and interna­ fect of the court's decision in the RECORD the public policy when it suited its purposes. tional affairs. following my remarks: This is the kind of answer we were getting No man among Mr. Nixon's predecessors from McNamara when he was Secretary of brought to the office a superior background STATEMENT BY NMU PRESIDENT JOSEPH CUR­ Defense and we protested Defense Depart­ of experience and training. Congressman, RAN ON DECISION OF U.S. COURT OF APPEALS ment use of foreign ships for Inilitary Senator, Vice-President, he has come to grips IN CASE OF CullRAN AGAINST SECRETARY OF cargoes to Vietnam. Even though they were with all of the problems of both legislation DEFENSE CLIFFORD, DECEMBER 27, 1968 running into one fiasco after another in and administration. If any President can be The decision by the U.S. Court of Appeals which foreign crews would refuse to sail said to have assumed office with the ultimate on our case against the Secretary of Defense with U.S. military cargo, McNamara answered of preparation, comprehension of public af­ re its use of foreign flag vessels represents our warnings and protests with words to the fairs, physical and mental vigor, Mr. Nixon a breakthrough of great significance in our effect that "this is Defense Department busi­ ls that man. efforts to get reconsideration of government ness and NMU can Just mind its own busl· How he employs his talents remains to be policies on the merchant marine. ness". seen. He assumes office at a time of both The Appeals Court only "reversed in part" That's when we decided that since our crisis and expectation; when divisive forces the lower court's summary Judgment against business is protecting seamen we would have stlll rend the land, but when the hope that us but this is what it means: to force the DoD into a showdown and we more tranquil days lie ahead has been (1) The Defense Departmnet can be re­ took the case to court. The lower court enklndled. qui red to answer to seamen for non-compli­ accepted the old tradition that no worker The need, as Mr. Nixon himself sensed dur­ ance with maritime laws. The main argument or union have the right to question the De­ ing the campaign, ls not for further inno­ against us in this was that the 1956 Act fense Department through a court action vation, but for consolidation; a turning back which states U.S. Inilitary cargoes must be about their activities. We were brushed off from the adventure of experimentation in carried in U.S.-:tl.ag ships was not intended by the lower court with a summary judg­ favor of a conservation of established values; for the protection of seamen and therefore ment based mainly on that contention. The a time of reconciliation, of national unifica­ we, suing on behalf of American seamen, had Appeals Court has reversed that part of the tion, of appraising objectives and weighing "no standing"; i.e., we had no right to sue. Judgment and thus established a very im· means; a time, in short, of conservatism in The argument was that the law was meant portant precedent. But that's not all. the best meaning of that much abused word. for protection of the government (and the (2) The Defense Department must "look The people have chosen Mr. Nixon to lead DoD acted for them) and of the U.S.-:tl.ag to" the reserve fleet before deciding that no this restoration. On how fully he under­ shipowners (and they were not complain­ U.S. flag ships are available. Much of the stands and how capably he responds to the ing) ... The government based its argu­ case against the Defense Department turned assignmeDJt depend the Immediate welfare ment on the fact that when the original on whether or not American flag ships were of the nation and his own place in history. cargo preference act was pasesd by Congress available at the time the Department char- 2048 EXTENSIONS OF REMARKS January 28, 1969 tered the foreign flag ships we cited in our These certainly are sound reasons for unemotional approach toward achieving complaint. We claimed, among other things, abolishing a policy which contends that for­ equal employment opportunities for men that not only currently operative shipping eign-flag ships can be relied on for our needs everywhere. but ships in the idle status in the reserve in a defense emergency simply because the It was with a large measure of delight-­ fleet must be considered "available''. The owners have signed a paper stating that they and with no surprise at all-that I read an­ Defense Department attempted to dismiss will be available. other of Luther Holcomb's speeches the other this argument with the bare claim that the The "effective control" theory ls another day after receiving a copy from Stan Smith, question of bringing ships out of the reserve part of U.S. unwritten maritime policy that the general manager of the American News­ fleet, even if not bringing them out may has been shown to be wrong time and again paper Publishers Association. mean there will be no American flag ships yet nobody but the unions has had the guts Stan sent along the speech to various available for some military cargo, is for the to challenge it. Here, a court which is in newspaper editors around the country be­ Department alone to decide. The Appeals sympathy with the theory, wrong as It is, cause It had to do, primarily, with the Court saw it more our way. sets down In judicial language, the very EEOC's ruling in connection with the use of The court did not spell out what "look to" arguments we have been using to prove it sex labels in classified ads. means; it made clear that there were plenty false and dangerous. It is a powerful argu­ To e11minate any semblance of "discrimi­ of reasons Defense could decide against call­ ment against the "effective control" theory nation" in advertising, EEOC said newspapers ing up more reserves and it specified that it and we will make use of it In our further must no longer list ads under "ma.le" and did not mean that entire reserve fleet had battles In courts, with Congress and the "female" classifications. Luther Holcomb dis­ to be activated before DOD could turn to administration and on the waterfront to beat sented. foreign flag ships. But the majority opinion this racket. He contended that in such advertising the that Defense has to first "look to" the re­ newspaper is not doing the hiring, but is serves is important because it completely re­ simply providing a service to the advertiser. jects the idea that the Defense Department Thus, he said, EEOC has no Jurisdiction, in )1,as "absolute and unreviewable discretion" AN UNUSUAL BUREAUCRAT the first place. By the same token, he argued, concerning whether or not ships are avail­ the classification of ads under the heading of able In the reserve fleet. This establishes our male a.nd female is a. time-saver for those right to challenge DOD through court action HON. GRAHAM PURCELL seeking jobs, a.s well as for those seeking em­ on grounds that It has not made proper use ployes. 01' TEXAS of the reserves in an emergency. It further­ Ha.voe will result, he pointed out, if per­ more gives added weight to our arguments IN THE HOUSE OF REPRESENTATIVES sonnel departments are besieged with mal11 between emergencies about the inadequacy Tuesday, January 28, 1969 applicants unwittingly applying for Jobs of the reserve fleet. modeling feminine apparel, or with fem.a.le In order to comply with the laws and pro­ Mr. PURCELL. Mr. Speaker, un­ applicants for the position of locker room vide the protection the laws are meant to doubtedly one of the finest and most attendant a.t a mens gymnasium. provide, DOD has to maintain an adequate reasonable men I have had the oppor­ As thoroughly in accord a.s one might ex­ reserve fleet and that means not only enough tunity to work with in Washington is Dr. pect me to be with Dr. Holcomb's premises, ships but ships that can be brought out in Luther Holcomb, Vice Chairman of the I found far more impressive what he had to reasonable time capable of doing a reason­ say, later on in his talk, as he offered his able job. The experience in the Vietnam sea­ Equal Employment Opportunity Com­ audience "some observations on issues perti­ li!t showed that the DOD had been sadly de­ mission. I have found his to be a sensible, nent to the times." linquent in that responsibll1ty. We had quiet voice that "makes sense,'' and his "Despite America's seemingly Infinite ca­ enough ships in the reserves but they were thoughts have been well worth listening pacity for growth a.nd flexibility," he sa.td, obsolete and in terrible condition. It took too to, particularly in the field of human "the truth is that our society as now orga­ much time and money to get them operative. rights. nized has been stretched taut ... America Even then they proved to be a hazard. The It was with no great surprise that I is 'supercharged.' 'Hyperemotionalism' 1s on reserve fleet has been allowed to run down the rise. As a nation, as a people we are cap­ dangerously largely because of the policy ex­ have found that others agree with me able of creating the greatest good for the pressed by McNamara many times, that ships on this point; but, nevertheless, I was greatest number, but we are also capable of "friendly" allles can always be regarded personally pleased to see the Louis Har­ through self-deception of bringing chaos as a reliable reserve. The folly of that policy ris article in the Dallas Morning News upon our society." Then he said: was demonstrated in the Vietnam sealift used to describe Dr. Holcomb and shed "The time of divisiveness is over. It ls now along with the complete Inadequacy of the light on just why he is considered "an our solemn obligation to stand united and reserve fleet we had. unusual bureaucrat." Accordingly, I place occupy ourselves with the fundamentals and The court has thus strengthened our hand imperatives of the transition to a new ad­ in the long fight against adm1nlstrattve the article, "An Unusual Bureaucrat,'' in ministration . . . policies of reliance on "friendly foreign" the RECORD at this point: "Our new president-elect is aware of the ships and the neglect of our reserves. This [From the Dallas Morn!ng News, Jan. 17, gravity of our social cleavages, but he alone can be useful In our efforts to get positive 1969) cannot restore unity. Although he has been action on a maritime program by Congress DR. LUTHER HOLCOJl4'.B: AN UNUSUAL BUREAU• chosen to lead our nation, the people must and the new Administration. cooperate by following. We must learn to CRAT respect each other despite our diversities and (3) The court pointed up the fallacy of (NOTE.-The following column appeared the "effective control" theory. One of the to trust each other despite our differences ... recently 1n the Augusta (Ga.) Herald, Dr. I believe every American should commit him­ points we made was that, 1f no U.S. flag Holcomb, highly respected In civic affairs ships were available at the time of the events self to unite In spirit with the president." of Dallas, was formerly director of the Great­ As for the job he holds, Dr. Holcomb ex­ we cited, DoD then had a responsibllity to er Dallas Council of Churches.) requisition for use under U.S. flag, the runa­ plained that the original concept of Title VII way ships In the so-called "effective control" (By Louts C. Harris) of the Civil Rights Act, which created EEOC, fleet. The government claims that these ships We have a regrettable tendency, those of us "was to acknowledge the existence of job dis­ are available to us in an emergency and an who do not always subscribe to the nostrums cr1mlnatton, to make the public aware of it, important part of our unhealthy maritime concocted in Washington as cures for what and by el1m1nation of Job discrimination to policy is based on that claim. This would supposedly alls us, to regard all bureaucrats give minority groups the 'opportunity to have been the time to put the theory to the as impractical muddlers striving to extract achieve• that is uniquely American. It was sunbeams from cucumbers. never intended," he added, "that Title VII test. The court did not agree with us, but in become a permanent part of the !unctions of trying to Justify Its rejection of our point, But such ls not the case. In fact, I can the federal system .. .'' the court unintentionally presented one of now say that one of my very good friends ls Sa.id Dr. Holcomb: "The private-enterprise the most effective arguments against "effec­ a bureaucrat! system ls the backbone of America. American tive control" that has been made by anybody The gentleman to whom I refer ls Dr. business ls known for its creative and outside the unions. Here are some excerpts Luther Holcomb, the vice-chairman of the progressive techniques, and those innovative from the decision: Equal Employment Opportunity Commis­ methods must be put to use In eradicating "Yet the decision to requisition (effective sion whom I came to know for the first time dlscr1m1natton in employment opportunity. control ships). impinging as it does upon the In Athens last year when he spoke on a pro­ "Likewise," said he, "government must seek sovereignty of another nation ts a political gram of the Georgia Press Institute. a commonsense, down-to-earth approach to decision involving complex questions of for­ An ordained minister who originally ha.Bed problem-solving at every level. Past bureau­ eign relations ... Where clear congressional from Texas, Luther Holcomb is one man for cratic methods must be alleviated. Govern­ Intent or even compelling reasons of policy sure who ha.s not permitted his role in na­ ment and business, working together, must Indicate, we might 'pierce the flag veil' and tional affairs to warp one whit his Ideals, develop an equitable way to include minori­ find such ships to be 'American• for certain principles, his sense of humor, nor his con­ ties In every aspect of American opportunity. purposes. Here there ls no such clear intent cept of fair play. A revolution of responsibll1ty on the pa.rt of and no such compulsion of policy. Hence But because the mark of Washington was all Americans-Including minorities-must we hold that foreign flag ships subject to upon him I recall how surprised some of us occur." American requisition are not 'American were when, hearing Dr. Holcomb !or the first Just as I said, Luther Holcomb ls an un­ ships' for purposes of the 1956 Act." time, we received an altogether rational and usual bureaucrat. We need more like him. January 28, 1969 EXTENSIONS OF REMARKS 2049 REVENUE SHARING ENDORSED "To take advantage of Federal tax money, auto thefts, 30.4 percent (1,086 vs. 833) ag­ they must follow 1''ederal priorities. Revenue gravated assaults, 10.4 percent (277 vs. 251; sharing would allow local government to burglaries, 1.4 percent (1.415 vs. 1,396), and HON. FRED SCHWENGEL more effectively meet its problems and larceny over $50, up 1.1 percent (1,415 vs. would certainly lower the overall cost to the 1,396). taxpayer." The chief's report noted that crimes IN THE HOUSE OF REPRESENTATIVES These objectives are laudable. Rep. Schwen­ against persons---excluding such categories Tuesday, January 28, 1969 gel admits his bill isn't perfect, and work as auto thefts and burglaries-amounted to is underway to improve it. But if it will lower 30 percent of total offenses during Novem­ Mr. SCHWENGEL. Mr. Speaker, dur­ the cost to taxpayers and contribute to the ber, compared with 25.6 percent of the total ing the recent election we heard a good effectiveness of local government, ample help in October. deal about the need for new and better should be available. The 23.6 percent over-all increase in com­ answers to the solution of this Nation's paring November 1968 with November 1967 problems and, indeed, the new Cabinet was not the largest such boost last year. The members designated by President-elect year-to-year June total had risen by 37.5 CRIME FIGURES FOR WASHINGTON percent, for example, while July was up 35 Nixon have used the same phrase exten­ percent and September 25.7 percent. Octo­ sively. One of the problems in need of a SHOW NEED FOR IMMEDIATE ber's year-ago increase was 18.5 percent. new and better answer is that of financ­ ACTION For the 12 months ending Nov. 30, the only ing for our State and local governments. crime category showing a drop was aggra­ This is really a two-headed problem, in vated assaults, downs 3.2 percent from the that control of the purse strings implies, HON. PAUL G. ROGERS 3,186 reported in the previous 12 months. if not assumes, control of the entire pro­ OF FLORIDA Other 12-month comparisons at the end of all IN THE HOUSE OF REPRESENTATIVES November: rapes up 53.9 percent to 257; gram. We are aware of the increasing robberies up 45.7 percent to 8,131; auto thefts concentration of revenue from the tax Tuesday, January 28, 1969 up 35.5 percent to 11,199; burglaries up 24 dollar and the corresponding control and percent to 17,658; and homicides up 9.4 per­ authority in Washington, D.C. I have Mr. ROGERS of Florida. Mr. Speaker, the latest statistics on crime in the Dis­ cent to 187. offered a new and better answer to this NEW JUMP INDICATED problem in the form of a bill for revenue trict of Columbia released by Police Chief John B. Layton show the need for im­ And another increase in at least one cate­ sharing, H.R. 663. This bill returns a sub­ gory appears to be in the works for the cur­ stantial share of our revenue to the mediate action by the Congress to stem this shocking trend. rent month. A preliminary survey made by States with no strings attached. The bill The Evening Star yesterday showed 574 also provides for credit for taxes paid to I have introduced legislation to au­ armed robberies through Sunday-not in­ State and local governments to encourage thorize additional manpower in the ju­ cluding unarmed robberies such as yokings, to do their "fair share" to meet their dicial system of the District to comple­ pickpocketing and the purse snatching from own revenue needs. Substantial support ment the existing effort to expand the the President's employe and other women. has been generated for this concept. The law enforcement personnel. Nixon's statement that he was planning The need to act is great, and I insert an anti-crime program for the District ap­ Muscatine Journal recently endorsed my peared to catch Mayor Washington by sur­ bill, and under unanimous consent I sub­ at this point in the RECORo for the benefit of my colleagues an article from the prise, but within hours of yesterday's White mit the editorial for inclusion in the House press conference the mayor was an­ RECORD as evidence of the growing sup­ January 28, 1969, issue of the Washing­ nouncing progress "in all areas" of his own port for this concept: ton Evening Star which dramatizes the two-week-old anti-crime drive. (From the Muscatine (Iowa) Journal, Jan. 9, situation: "I welcome all the help we can get in the 1969] DISTRICT OF COLUMBIA CRIME INDEX CLIMBS city," the mayor said, referring to the Presi­ dent's statement. REVENUE SHARING SoUGHT HIGHER AS NIXON MAPs DRIVE-12-MONTH TOTAL UP 25 PERCENT--NOVEMBER RAPES Washington last night said additional po­ It has been calculated that the federal PUT AT ONE DAILY lice recruitment resulted in the signing up government is currently collecting 65 per of 49 new patrolmen, 2 more policewomen cent of all tues gathered in the United Crime in Washington was running more than 25 percent above the previous 12-month and 13 police cadets. States, with local governments getting 20 per "We have made progress in all areas of our cent and states 10 per cent. total at the end of November, according to statistics released today by District Police drive, we see some improvement," the mayor Editorial Research Reports indicate that in remarked. the decade ending in 1968, federal tax col­ Chief John B. Layton. lections rose 103 per cent; state collections The latest monthly crime figures-showing DELAYS SENATE APPEARANCE went up 140.2 per cent; and local govern­ nearly one rape a day during November and In another development, Washington asked mental collections mounted 109.7 per cent. 1,074 robberies-were routinely made public for and received a postponement of his ap­ Meanwhile state governments are feeling less than 24 hours after President Nixon pearance before a Senate Judiciary subcom­ a financial pinch ... with the indications called the city's crime rate "a major prob­ mittee looking into changing the Bail Re­ that some additional levies are in prospect lem." form Act. at the state level. Local talting bodies may At his first White House press conference Sources reported the city has been working also boost levies in many areas, surveys have yesterday, the President also said he will on a draft of an amendment to the District indicated. propose a new program this week dealing Bail Reform Act, and that the mayor post­ Hence it is that hard-pressed governmen­ with crime in the District. poned his testimony because he was not tal bodies at the non-federal level are look­ Nixon said he had instructed Atty. Oen. satisfied with what he and aides had come ing toward Washington for a measure of re­ John N. Mitchell to prepare the program up with. lief. on "an urgent be.sis." He added that the The mayor also met yesterday with Distric1 One of the measures aimed at prying some city's crime problem was brought "very close Health Department and police officials on extra cash from Washington ts a revenue­ to home'' when a White House employe was drug addiction. He said officials are finding sharing bill introduced in Congress by Rep. the victim of a pursesnatching as she left "an amazingly high number of crimes related Fred Schwengel of the First Iowa district. work one evening last week. to drug addiction, particularly among young­ Under the Schwengel bill 5 per cent of the "Therefore, we have turned on all the er offenders." He said drug addiction pro­ income taxes collected by Uncle Sam would lights in all of that area, I can assure you," grams wm be strengthened and expanded. be returned to the states. Ten per cent of the President added. the rebate would be to the poorest one-third SHARP RISE NOTED of states. A d11ferent formula would govern As District Mayor Walter E. Washington distribution of the remainder. and other city officials indicated surprise SUPPLEMENTARY EDUCATIONAL Gov. Nelson Rockefeller of New York, in a at learning of Nixon's Imminent crime pro­ PROGRAMS IN DAY CARE CENTERS speech last fall, noted that out of a total 65 posals, Chief Layton's office said the index per cent of the U.S. tax take by federal au­ of reported crimes in the District last Nov­ thorities, the federal government returns ember had increased by 23.2 percent over HON. EDWARD I. KOCH only about 9 per cent in the form of categori­ the totals for November 1967. OF NEW YORK cal grants to localities "with an eyedropper All seven categories in the crime index wrapped in red tape. so to speak." showed increases last November over the IN THE HOUSE OF REPRESENTATIVF.S Rep. Schwengel, in commenting on his corresponding figures for that month in Tuesday, January 28, 1969 revenue sharing proposal, noted that there 1967. are now more than 400 categorical grant pro­ The biggest increase-123.1 percent;-was Mr. KOCH. Mr. Speaker, on January grams in effect, which he asserts make it in rapes (29 last November, compared With 23, I joined the gentlewoman from increasingly difficult for state and local gov­ 13 in November 1967). Hawaii June 1968] "taking orders from Washington, Moscow or ET..x.IOTr-'I'RuoEAu, A PBo-Sovrer, PRo-CASTBo, Rome." PRo-MAo WANTS To TtraN CANADA INTO A DON'T COME BACK SOCIALIST COUNTRY LIKE CHINA-THE Lm­ PIERRE ELLIO'IT TRUDEAU, OF A number of questioners tried politely to ERAL PARTY DISGRACES ITSELF BY ELEc'l'INO CANADA get him to outline his policy on poverty and HIM ITS LEADER-HE WAS BEGOTTEN BY TKS housing, but he kept bringing them back to BEAST 011' PlloPAGANDA-Hls BILLS Au IN• the difficulties of federal action 1n provincial SPmED BY THE BEAST OJ' SoDOM--CANADIAN HON. JOHN R. RARICK 11.elds. And he told one persistent student VOTERS SHOULD NOT VOTE ll'OB. TRUIIBAU'B PARTY 011' LOUISIANA (Don Carmichael of Ottawa), respecting the (By Louis Even) IN THE HOUSE OF REPRESENTATIVES provincial role, "If you don't admit that, don't come back to Canada." On last April 6th, the federal Liberal Party Tuesday, January 28, 1969 "Don't laugh. These are facts," he told In Its Congress in Ottawa elected a new leader, Pierre Elliott-Trudeau. That ls, the Mr. RARICK. Mr. Speaker, ever since Carmichael. The federal government had loaned almost $1,000.000,000 for housing. Liberal Congress rather allowed an allen to the leak from the Canadian Prime Min­ "For whom, the middle and upper classes?" succeed Lester Pearson as the head of the ister's Cabinet that he had decided to asked Carmichael. Party and the Prime Minister of Canada-t recognize and grant full diplomatic rec­ When Trudeau said money was spent for least until the general election on next June ognition to the Communist dictatorship slum removal, Carmichael said the prime 25th. of Red China, the international liberal minister had not answered his question. An a.lien to the Liberal Party, we dare to establishment has been hard at it to re­ Trudeau said Ottawa had no authority to assert. Indeed all Pierre Elllott-Trudee.u's pass laws about housing. "These are facts and background demonstrates that he springs pollsh Trudeau's image and rehabilitate from a political school entirely a.Hen to the their "boy." don't laugh," he repeated somewhat lrritably. "Don't ask me to solve problems that are one of the Liberal Party as known up to now. But Trudeau shocked all pro-Canadi­ under provincial jurisdiction." Trudeau ls an overmuch leftls·t who courted ans who believe in individual liberty He told the students, 1n particular those In communism much more than any Canadian­ under God when, in London, he con­ science, that he was glad they could study bred way of thinking politics. fessed he found "true communism" a fine abroad where there were better faclllties, "in­ An infiltrated man of recent date in the thing in a better world or in a religious stead of developing a second-rate nuclear Party, he was catapulted to Its 11.rst rank, not science department 1n some pipsqueak uni­ because he well served the Party, but due to community. the favours of the mass media that serve sub­ Mr. Speaker, I include clippings from versity" back home. During the weekend, he continued discus­ version and corruption in their effort to ruin the Ottawa Citizen for January 13 Vers sions with Ottawa over the Canadian dele­ the traditional and Christian values of Demain from May-June 1968, an e~cerpt gation now en route to the French educa­ Canada. from the Whig-Standard of April 10, tional conference in Kinshasa, Congo. Be­ In 1963, Trudeau called the Liberals 1968, and the London Free Press for De­ cause of last-minute concern about the "Idiots.'' Now, just 11.ve years afterwards he cember 7, 1965, as part of my remarks, so actual attitude of the Quebec representatives has become the leader of those "Idiots.'' in the delegation led by New Brunswick Pre­ which is a proof that he was not completely that our colleagues can determine the wrong In giving them that name. The the­ caliber of a man who rules our Canadian mier Louis Robichaud, the prime m.1n1ster's personal secretary, Marc Lalonde, has sud­ oretically more socialist New Democratical neighbors. Party would have given him no opportunity denly joined the delegation as a trouble­ take office in Ottawa: Trudeau thought It [From the Ottawa (Canada) Citizen, Jan. 13, shooter. His officials are still crossing their to 1969) fingers and hoping there won't be another more efficient to use the "idiots" to reach that aim. And he succeeded. PIERRE ADMIRES "TRUE COMMUNISM" Gabon Incident. Pierre Elliott-Trudeau came into view for (By John Walker) SCATTERED HISSES the 11.rst time in 1940. Canada was at war. LoNDON.-As he prepared for the second There were a few scattered hisses at one That year Trudeau ls expelled from the week at the Commonwealth conference, or two of Trudeau's replies Sunday but the Canadian Officer Training Corps for his lack January 28, 1969 EXTENSIONS OF REMARKS 2059 of discipline. The revolutionist was already cialist strongholds in certain regions is the legislation of Canada? Let sa int Michael pre­ budding. very best thing." serve us from that calamity, even if to do so, But not a bomb-revolutlon1st With a kni!e Trudeau is not a separatist. Neither we are. he must draw his sword as he did in History, between his teeth: this is for the tools, for But not !or the same reason. We want to be in order to protect peoples he loves from the arms of the revolution, not for the at home in a large and free country, from decaying and from Satan's rule! brains. And Pierre Eliott-Trudeau classes ocean to ocean. Trudeau wants a great so­ The day after the Convention which himself "a brain." In 1945, he is admitted to cialist country, and he thinks the erusier way elected Trudeau leader of the Party, one of Harvard University, a gelatine meat-broth for to that end is to place a socialist party into the Quebec delegates to that Convention re­ leftist intellectuals who poison the United office in Ottawa. In his chapter entitled "The marked: "This was not a congress llke the States. Practice and Theory of Federalism", he wrote other ones. One was feeling tha t an affair all In 1947, to perfect his formation, he goes on page 373 (English edition) : prepared in advance was dominating the to the London School of Economics, an es­ "Federalism must be welcomed as a valu­ freedom of the votes" . tablishment that was liberally financed by able tool which permits dynamic parties to For sure, Sir. I! Trudeau is branded With leftist donators like Ernest Cassell, Jn order plant socialist governments in certain prov­ the mark of the Beast, the Beast of Sodom, to shape socialist experts quallfied for key inces, from which the seed of radicalism he ls also the one the Beast of Propaganda positions in the governments of every coun­ can slowly spread." elected. And the mass propaganda made by try of the world, especially the anglo-saxon He wrote "the seed of radicalism". A radi­ the big newspaper, by radio and television, ls world including Canada. Pierre Elllott-Tru­ cal, this is what Trudeau ls, an ultra, a radi­ in service of Hell itself, in spite of the few deau met there the famous marxist teacher cal revolutionist intellectual. programs of better form inserted from time Harold Laski, who was, Trudeau says, "the In 1962, due to pushing ma.de by leftist to time in order to catch in the flood un­ most stimulating, the most powerful influ­ students whose ardour he was keeping alive cautlous listeners and spectators who are ence" he ever encountered. in an underhand way, Trudeau obtained a snatched, hooked, lured, and thus braln­ Back again in Canada, in Montreal in 1951, position as professor in Montreal University. condltioned. The invisible and yet dominat­ Trudeau starts the publication "Cite Libre," In a short time the University became a bas­ ing "something" that you felt in the voting his first mattock-stroke against the christian tion !or Castro-Communism. hall, was the spirit of the Beast of Propa­ structure of the Province of Quebec. Free 1965-thus only three years ago-was the ganda, the very spirit of Satan. City-the Quebec he dreams of, liberated year Trudeau decided to join the Liberal Furthermore delegates in staunch attend­ from any sacerdotal ascendancy, With its Party-one would better say he decided to ance on the Beast were present there, and labour unions, schools and public institu­ use the Liberal Party to propel himself to a they were not allowed to let him fall. tions untied from any kind of bond With any political position that would enable him to Just before the Convention, a young particular confession of faith. Who were mould Canada in the Castro-Mao-fashion, woman in Vancouver had sent letters to some Pierre Elliott-Trudeau's partners in that at all events in the fashion he had in mind of the delegates. She civllly asked the dele­ pulling down through writing? Gerard Pel­ since some fifteen years. gates to make themselves sure, before they letier, from the first issue, then many full­ And then wa.s the star-making-machine vote for Trudeau, whether he really broke bred "Reds": professor Raymond Boyer, who set to exalt the troika: Trudeau, Pelletier, With Communism. Or else she would feel her was convicted of e~ionage for the Soviets Marchand, as rejuvenating the Liberal Party. duty to be very cautious in her support to in the trial of the Gouzenko affair; Stanley They were supposed to accelerate the course the Liberal Party. Nine days afterwards, just Ryerson, well-known theoretician of the Ca­ of progress-red progress, of course. The after the Convention, Anthony Malcolm, a nadian Commun1st Party, editor of the three were elected to sit in the House of Quebec delegate, member of a prominent "Marxist Review"; Pierre Gelinas, of the staff Commons. legal firm in Montreal, gave a personal an­ of the com.mun1st paper "Combat," Quebec Just a few weeks after the opening of the swer to that woman in Vancouver. Here ls director of the Agit-Prop (agitation and new Parliament, Pearson named Trudeau his an excerpt of that letter of abuse and threat: propaganda) of the Com.mun1st Party. parliamentary Secretary, though he was a "Fortunately, the new provisions of the In 1952, Pierre Elliott-Trudeau led to an new-born in the Party. In 1967, he was Criminal Code wm clear our mails of such economic conference in Moscow a delegation named to Justice, an important Department. vile and bigoted ranting. You and your ilk, of so-called businessmen, which proved to The commun1sts of Canada and of the madam, would better serve your country 1n be a delegation of Canadian Com.mun1sts. whole world rejoiced a lot in that fulgurating another one. To conclude, madam, may I The pro-Soviet articles he published when ascent of one of theirs: in that high pollti• suggest you to pay the greatest care to any back in Canada caused him to be called a cal position, he would be able to do much indiscretion of your own past that will Com.mun1st in "Le Droit" (Ottawa) and in for them in Canada. doubtlessly be scrutinized in the near future. "L'Action Catholique" (Quebec City). Marxist professor Kenneth McNaught, the Govern yourself accordingly." In 1953, he was denied admittance to the founder of the communist Committee for Speech of the Pollce-State, language of the United States as "inadmissible" person, no the Freedom of Cuba, made no mistake when communist dictatorships. Is that a hint of doubt because his communist connections he declared With a feeling of triumph: what we can expect from a Trudeau govern­ were no m ore questionable. "Trudeau's political fate will likely be the ment? In 1955, Pierre Elliott-Trudeau tried to political fate of Canada." By choosing Trudeau as its chief, the Lib­ create in Quebec a unit front of all leftist Which meant: I! Commun1sm ls delighted eral Party disgraced itself to sucl:. a pass that groups. But Trudeau was thought to be an to see a Trudeau entering into the Canadian it lost its identity. It ls no more the Liberal overmuch leftist, even by the CCF Party of Government, it can hope to see Canada un­ Party: it ls a tool in the hands of an in· that time (now New Democratical Party) . der a communist regime in the near future. filtrated person whose background vindicates Now, the same man the leftist Party believe How come that supposedly sensible Liber­ the most baleful omens !or the near future an over-leftist, was to be greeted by the als elected their leader a m an who should of Canada. Liberal Party ten years afterwards, to such a rather have been thrown out of the Party pass that he became its leader. as a fatal danger? [From the Whig-Standard, Apr. 10, 1968) In the meantime, Trudeau was to show Hardly is he named to the Department of again t he bottom of his red character. In PIERRE E. TRUDEAU, PllIME MINlsTER To BB: Justice, Trudeau's dream is to make his de­ WHO HE Is AND WHAT HE THlNxs 1960, he led a Communist delegation to partment a tool for the socialist plan111.catlon Peking, this time, where he took part in the of Canada. Indeed an official statement from (By James A. Stewart) celebration of the Red victory over huge con­ himself in the Toronto Star, April 25th 1967, (EI>rroa's NoTE.-Thls brief biography of tinental China. says: Pierre Elliott Trudeau, Canada's prime min­ When communist Castro installed himself "Justice should be regarded more and ister designate, was written by the Montreal at the t op of Cuban Government, Trudeau more as a department planning for the so­ Star's James A. Stewart, and is published wanted to ren der homage to the new dicta­ ciety of tomorrow, not merely the govern­ by The Whig-Standard today through the tor in a way that would call attention. He ment's legal adviser." permission of The Montreal Star.) leaves the shore of the United States in a Such a conception of the Department of OrrAWA.-Pierre Elliott Trudeau ls the new canoe, he rows earnestly towards Cuba. Yet Justice could be suitable to a minister in a Liberal leader. In a few days he'll be prime before he can pass through the limit of Amer­ communist country, but surely not to a min­ minister of Canada. It still sounds slightly ican wa ters, he ls arrested by a coast-guard ister of the Canadian Government. fantastic, slightly miraculous, but Trudeau of Key West and deported again to Canada. And this is not all. It is with a Sodomic and the people who helped him make it In 1961, the marxist and socialist leaders stench that Pierre Elliott-Trudeau courted don't believe in miracles. He may be the of the New Democratical Party published the the federal liberal leadership. To the Cham­ political marvel of the age, but they want handbook "Social Purpose for Canada", that ber indeed he had presented his "omnibus" him to be loved for his brains alone. Even was to be t he Mein Kampf of the socialist bill, two points of which should put a before he made it, they were saying: Hard N.D.P. A chapter of that handbook was shameful mark on Trudeau, and would bring work, yes, talent, yes; magic no. signed Pierre Elliott-Trudeau. There he the same disgrace on Canada if they were So please forget those images of Trudeau praises red China leader Mao Tse-tung, as passed. One legalizes homosexuality. The a go-go, immersed 1n electric sound and light, follows : other widens ground for abortion, thus dancing and rocking like those young mod­ "Indeed the experience of that superb legalizing murder of innocent hum-an beings. erns in the TV beer commercial; judo1ta strategist, Mao Tse-tung, might lead us to This ls Trudeau. Trudeau branded With Pierre, bare-footed, brown-belted, casually conclude that in a vast and heterogeneous the mark of the Beast. wm he receive op­ flooring his opponents for the Liberal leader­ country, the posslb1lity of establishing so- portunity to mark with the same sign the ship; scuba-diver Pierre, glidding through the CXV--131-Pa?'t 2 2060 EXTENSIONS OF REMARKS January 28, 1969 greeny undersea world while Paul Martin separatists with the same weapons. Here was They offered the Liberals talent, prestige, side-strokes across the Chateau Laurier pool. a wealthy bachelor, a free spirit who drives and a reforming spirlt. The Liberals offered Put aside the visions of Trudeau in his a fast car, plays moderately good piano, and them power-a chance to lnflence at the high-powered Mercedes, speeding towards 24 wears expensive clothes. But comfortable, highest level the crucial work to be done Sussex Drive as luscious, long-haired maidens casual clothes. for federal!sm and the French Canadian draped on the chassis dispense flowers and John Diefenbaker: "The gentleman should community. copies of the Bill of Rights; cool, tough Pro­ be more considerate of the house, dressed as Quebec New Democrats felt they had been fessor Trudeau, chastising the unruly sep­ he is most improperly . . . " bet rayed by these three new Liberals. aratists; Pierre the mod, mod worldling, the Trudeau remains a dist inctive dresser, "A pol!tlcal party is not an end, but a paragon of bachelorhood, the incandescent though he has made a few concessions to means," wrote Trudeau and Pelletier in an Liberal. the sartorial norms of parliament. He hasn't explanatory article 1n Le Devoir during the As in Toronto, where delegates mobbed worn sandals or an ascot tie in the commons 1965 campaign. him, climbed chairs and tables to see him, recently. "We are pursuing the same objectives and risked being trampled to touch the hem of adhering to the same political ideas we have his leather coat. been exposing for so long ln Cite L i bre: a Excited Delegate: "It's just llke Diefen­ Before he became a minister he was able constitutlonallsm respectful of the rights of baker in 1958." to read widely in politics, law, sociology, the persons and groups; a democracy based on Trudeau (aside): "What a gruesome main publications in English and French, as social progress; a federalism which recon­ thought." well as the three or four major books in these ciles a strong central authority with auton­ Maybe so. But strong political leaders-the fields each year. omous and progressive provinces, and a good and the bad ones-do kindle the emo­ He was never an avid reader of fiction, politics open to the left." tions. U Trudeau had not done that he aside from some poetry from time to time. In the past they had defended the auton­ would not be at the very top of the ladder omy of Duplessis on tax-sharing, university today. But now he reads mainly departmental grants and opting out. But now Quebec was material. His work as minister takes practi­ strong and the central authority had been . It Not everybody, of course, buys the Trudeau cally all his time. He hasn't even time for weakened. that continued there could be product. thorough study of other government docu­ damaging results to the Canadian union. Laval law student: "Trudeau should bear­ ments, such as economic council reviews, or "Power always finds takers," they wrote. the Watkins report on foreign ownership. "It honest men don't take it, the rabble will." rested for impersonating a French Canadian." In the forward to a recently-published book Because he ls a defender of federalism, His staff feeds him press clippings, sum­ maries, documents. He doesn't read news­ of his essays, called Federalism and the some expect him to be ha.rd on Quebec. He French Canadians, Trudeau wrote: asked those who believe this not to vote for papers regularly, rarely watches television. Naturally he gets Insufficient sleep. This may "It ls not necessary to seek another con­ him. stant in my thought than oppO&itlon to the Ralph Cowan: "No man living can lead me have cost him one vote--the Lethbrldge woman who said she would switch her vote conventional wisdom . .. My political action, into the paths of bestiality and buggery . . . or my thought, inasmuch as rve had any, Is I'm trying to prevent a New Democrat and from Trudeau after noting, suspiciously, "He has bags under his eyes." described in a couple of words: Be a counter­ the author of a bill to legalize homosexuality balance." and abortion from becoming the Liberal His athletic program has suffered too. prime minister of Canada." Trudeau is still trim and muscular (five feet Because Trudeau has a libertarian ap­ ten, 160 pounds). But for the past year he's In 1964, Trudeau and five other Quebec in­ proach to law, he m ay be accused of being a had to neglect the judo workouts that earned tellectuals published a manifesto. libertine. His attitude ls simplicity itself­ him the brown belt. He swims as often as be "Democratic rule must be maintained at all that the state has no place in the nation's can in the hotel pool, gets an occasional ski cost," they said. "It is a matter which we bedrooms. weekend, and still does some scuba-diving will not compromise . . . The truly demo­ Others say Trudeau ls arrogant and in­ (during a two-week Christmas holiday in cratic traditions have few roots in Canada tractable. Premier Johnson said that If Tru­ Tahiti). where Indians, Metts, Orientals, Doukhobors, deau became prime minister it could lead Hutterltes and dissidents of all kinds have been victimized one after the other by the to the breakup of Canada. Many Quebecere Trudeau likes parties and the company of consider him a reactionary on constitutional intolerance of the majority." women, and ls good-naturedly weary of an­ Trudeau has written elsewhere that if the reform. His life and writings show litt le sym­ swering question about why he ls still a pathy with the art of compromise. two main ethnic and linguistic groups in bachelor. Canada would collaborate "at the hub of . "No, I've got nothing against marriage,'' a truly pluralistic state, Canada could be­ The bafflement, of course, stems from the he says. ''I've got nothing against romantic come the envied seat of a form of federalism fact that even to many Liberals Trudeau ls a interests either, and I don't m ind saying I've that belongs to tomorrow's world." spirlt materialized out Of nowhere. had some now and then." Quebec nationalism, in this context, Is as They were only vaguely aware, if at all, of He had some mixed feelings about the untimely, sterile and retrograde as any other his long apprenticeship as an involved in­ boom that propelled him into contention for form of nationalism. Trudeau advocates tellectual In Quebec where he developed his the prime ministry. equality :tor French Canadians, but not for fundamental views of democratic institu­ "On the other hand I'm a bit amused. It French Canadians as Quebecers. In terms of tions, human rights, federalism, and helped was so sudden, as the girl said. "I'm also powers, Quebec must be a province like the launch the Quiet Revolution. quite pleased, a bit thrilled that people others. In terms of rights, the French Ca­ They do know that Trudeau became a should take that interest, not in me, be­ nadian must be equal to the English Cana­ Liberal one day in 1965, was elected almost cause I h aven't changed in the past few dian. the next day, appointed parliamentary secre­ years, but I think it's proof that they share The special status or associate statehood Is tary to Prime Minister Pearson immediately, a certain conception of politics which I have, not a valid federal concept and would only and Justice minister a year later. that they a.re identifying with those views lead to destruction of federalism. As Justice minister, Trudeau Inherited of politics and have the same concept of the Trudeau writes that " the whole citizenry work on criminal code amendments that good society." must be made to feel that it Is only within others had started, but he carried it forward. Trudeau has been developing those views the framework of the federal state that their He remained at centre stage most of the year tor the past 20 yea.rs. It's as though he has language, culture, Institutions, sacred tradi­ with a divorce reform bill, and as chief fed­ been in training all his life for the work he tions and standard of living can be protected eral strategist in the continuing debate on now undertakes. from external and internal strife." constitutional amendment. Until 1965, Trudeau was allied with so­ He ls unimpressed by arguments that Can­ cialist parties in Quebec. As recently as 1968, ada needs a new constitution. That would Energy Minister Pepin called Trudeau "the when Lester Pearson decided Canada should retard change rather than advance It. An m an of the hour." accept nuclear warheads, Trudeau called the enormous amount of power ls being trans­ "The liberalization of our laws and the Liberals Idiots, and spoke of "t he anti-dem­ ferred to provincial governments by social federal constitutional policy are basically ocratic reflexes of the spineless Liberal herd." and economic forces "without the necessity Prime Minister Pearson's policies," says Trudeau didn't think the Liberals would of amending a single comma of the con­ Pepin. "But Pierre has substantially con­ take him into the party, but they did. The stitution." tributed to their development, and now, as Liberals set out to recruit a strong team in Some Quebecers, twenty years behind the Mr. Pearson steps down, these changes are in Quebec in 1965. They wanted labor leader times as usual, are now demanding a new the spotlight with Pierre as their champion." Jean Marchand but Marchand, apparently constitution "and preparing to charge the There was also Trudeau's personal appeal. on the advice of Rene Levesque, would not centralizing dragon just when it has stopped Here was a genuine intellectual, world travel­ come In alone. breathing fire." ler and athlete, equally at ease In French and The delicate negotiations that followed led What is required now, says Trudeau, ls English, fluent in Spanish, who can and does to the election of three brand new Liberals-­ not constitutional change "but a more sys­ quote Plato at cabinet meetings. Marchand, the distinguished editor Gerard tematic recourse to consultation and agree­ Here was a man who had fought Duplessis Pelletier, and Trudeau, who was then lectur­ ments between the federal and provincial with words and deeds, and ls now fighting ing at the University of Montreal. authorities." January 28, 1969 EXTENSIONS OF REMARKS 2061 Trudeau would not leave the protection of had authority over education for 100 years, he seem like truisms today," says Trudeau. civil or language rights to any single legisla­ says, but it took them 196 years to appoint "Separation of church and state, electoral ture. He wants a charter of human rights, en­ a minister of education. reform, reform of the educational system. trenched in the constitution, to guarantee . . . But they were not then, at least not In fundamental civil liberties and fundamental Hts schoolmates remember him as a top of Quebec." language and education rights across the the class student, a first-rate athlete, who Trudeau gave up the Ottawa work after country. even then showed the traits of restlessness, two yea.rs, though he found it fascinating, to It this ls done, for example, French perversity and anti-authoritarianism. open a law office In Montreal and concentrate language and education rights are guaranteed Pierre Elliott Trudeau was born in Mon­ on Cite Libre. throughout canada, Trudeau thinks the treal on October 18, 1921, first child of The magazine became a powerful, contro­ problem of division of powers between fed­ Charles Emile Trudeau, businessman and versial voice, and a stream of pugent, pro­ eral and provincial governments becomes a lawyer, and of the former Grace Elliott, a vocative articles flowed from Trudeau's political struggle in simple, functional terms. Canadian of Scottish origin. A younger hand. "We may not succeed," he says, "but I brother, Charles, ts now an architect who lives Trudeau also provided legal serVices for would rather try than let the country break in St. Sauveur. A sister, Suzette, ts the wife unions and union members, sometimes with­ up because the rest of Canada. says to Que­ of Montreal dentist Dr. Pierre Rouleau. out charge, gave them technical advice, and bec, no, you must sta.y in your French ghetto. Em.Ile Trudeau, who died in 1935, left a wrote a.bout the asbestos strike and other Then I will pack my bags and I will go and sizeable fortune from his commercial enter­ symptoms of the low state of labor relations live in the ghetto myself." prises, which included the Champlain oil in the proVince. He was a founding member Trudeau's ideas plainly dominated the fed­ service stations and an amusement park. of the Montreal Civil Liberties Union, and eral approach at the federal-provincial con­ The money, invested In blue chip stock later a. director of the Canadian Peace Re­ ference on the constitution in February. and Laurentian property, made Pierre a search Institute. The federal government agree.: to the total wealthy man, a millionaire. In 1956 Trudeau made a stab at direct constitutional reView that ls now beginning, There ls nothing ostentatious a.bout him political action, helping to form "reassem­ and Trudeau went along, but reluctantly. though. Friends say he Is a very ca.refUl man blement"-a union of all left-wing elements He considers constitutional reform to be with a dollar, and in spite of his good physi­ in the proVince In an attempt to unite against one of the least pressing of all the instltu­ cal reflexes, can be easily out-reached for Duplessis. tonal changes he would like to see made in the luncheon tab. Trudeau lost much of his Interest in the Canada.. Trudeau ls a devoted son who frequently organization when it agreed to accept mili­ "Let's not confuse French Canadian rights visits his mother in the big home in Outre­ tant CCFers but not militant Liberals. The with the desires of a. provincial government mont, though for several yea.rs he has had movement was overtaken by events. The CCP to build a little empire," he told a meeting his own apartment in Montreal. Her mother waned. The Liberals waxed. Duplessis died, of Montreal Liberals before the constitutional tongue Is English, but she ls thoroughly bi· and the Lesage Libera.ls came to power in conference. lingual. 1960. . French and English were interchangeable Throughout this periOd of political ac­ Reporter: "What would you say if wicked languages in the Trudeau home, and Pierre tivity, Trudeau made periodic trips abroad. tongues point out that you've appointed two himself began emphasizing one of his given As he says, he tried to go to all the for­ anglophones to your task force on the con­ names, Elliott, as the mark of his bicUltural bidden places. stitution?" heritage. In 1952 he was in Moscow attending an Trudeau: "I'd say 'merde!" He told a magazine writer in 1962 that he economic conference. There, apprehended for His attitude seems to reflect a kind of frus­ began using "Pierre Elliott Trudeau" when throwing snowballs at Stalin's statue, he was tration, or a. love-hate relationship with he went to Montreal's Jean-de-Brebeuf Col­ excused when he explained that it was h1s Quebec. He wants to shock, to goad his fel­ lege. He said he did it "partly to vex the na­ custom, in Ottawa, to throw snowballs at low Quebecers into full participation in the tionalists." statues of Canadian prime ministers. mOdern world. It galls him to see them fall . . . In 1957 he was a delegate to a Common­ into narrow nationalism, wasting their sub­ wealth conference in Pakistan. In 1960 he was After his law degree. Trudeau decided to picked up by a fishing vessel off Key West, stance on symbols, isolating themselves, wlll­ study economics. He says he had "no choice" ing themselves the dirty end of the eco­ Florida., as he tried to reach Cuba In a but to go to an English school. He chose small boat. Later that year, with a group nomic stick. Harvard, getting a master of arts there, then Some Quebecers who once fought beside of Canadians, Including author Jacques it was l'Ecole des Sciences Politlques In Parts Hebert, he visited China. him, like Rene Levesque, now call him a. Ne­ in 1946, and then the London School of Eco­ gro king for the English, even though he's Trudeau's travels, his socialist bent, his nomics. anti-authoritarianism, his work in the labor been propounding his Ideas for 15 years. "I had no idea how far behind we were "They're the ones who've changed their movement, got him plenty of attention In spots," says Trudeau angrily. "The differ­ in Quebec," he said afterwards. "I thought it Duplessis' Quebec. He was accused of being a ence ls that I always say the same thing was enough to have a little Latin and Greek Communist, a traitor to his race and his while they got discouraged and found them­ to get by . .. I could practise law in Quebec, language, of selling out to les anglais. Ohurch selves unable to compete with the English. but I had been given no Inkling of the phi­ elements branded him an atheist and an losophy of law. I hadn't even read the writ­ anti-Christ. Four times he was off'ered a I don't believe in a rocking-chair Quebec ing of the great jurists. At Harvard, and even . . . I believe that If we want to be in this professorship at the University of Montreal, country we should fight just as everybOdy more so later, I realized how much we were and four times the off'er was withdrawn, else does." mlssing in Quebec." without explanation, after he had accepted. Trudeau doesn't tailor his views on Quebec After the postgraduate work, he set out He ftnally made It to the university faculty In order to be popular, and they certainly from London on a motorcycle, pack on back, in 1961. aren't popular with any of the proVincla.l to see the world. He was arrested in Jerusa­ All this got him briefly black-listed by U.S. political parties. He ls as far from the Lesage lem as an Israeli spy, saw street fights in Ran­ Immigration authorities in the mid-fifties. Liberals on constitutional matters as he ts goon during the Burma. civil war, crossed He recently told how he had been able to from Daniel Johnson's National Union. One CambOdla and Viet Nam with an army con­ "whiten" himself quickly and without diffi­ of his tasks In the next few yea.rs will be to voy during the Indo-Chlna war. He was ar­ culty when the authorities look at his case build a strong federal organization in Quebec rested a.gain crossing the Indian-Pakistan more carefully. based on the Liberal party's faith in confed­ frontier after Pakistan became Independent. Now this man, who always pricked against eration. He was in Shanghai when Mao Tse-tung•s aut hority, has attained the highest au­ He'll have to do this in opposition to the forces were sweeping towards the city and thority In the land for himself. Trudeau's life National Union and to many proVinclal Lib­ ta.king over China. and t imes so far show little capacity for erals. His opponents won't mind reviving The trip didn't do anything to weaken doing what a Canadian prime minister has some carefully selected comments from the Trudeau's conVictlons about the evils of na­ to do most of the tlme----compromlse and considerable bOdy of Trudeau writings. tionalism. He came back to Canada deter­ build consensus. In 1964, for example, he wrote an attack mined to examine polltlca.l lnstltutlons from on separatism In which he referred to Que­ the Inside. He plunged Into several things at once. He Trudeau has been able to fit quite com­ becers as "this backward little people." In fortably Into nearly all of the Liberal govern­ the same article he described separatism as a joined the privy council office in Ottawa in 1949, working on constitutional and eco­ ment's present policies. Politics as the art counter-revolution, "the work of a power­ of the possible seems quite as challenging to less little bourgeois minority afraid of being nomic matters for Prime Minister St. left behind by the 20th century revolution." Laurent. him as the intellectual engagement of the More recently he wounded his fellow com­ In 1950 he and Pelletier and a few others political critic. patriots with his remarks that Quebec should dedicated to reforming Quebec politics . not be given a. whit more power until It does launched the celebrated magazine, Cite Libre, Quite suddenly, Trudeau ls at the top. He something about the "lousy French" spoken Trudeau also became more Involved In the has his hands on all the major controls. The in the proVince. labor movement in which Pelletier was Liberal party has taken a gamble on Canada's He bluntly lectures Quebec governments active. future. Obviously It is a gamble that could to use the powers they have. Quebec has "The Ideas we were advancing then might pay off abundantly. 2062 EXTENSIONS OF REMARKS January 28, 1969 The question now Is, where does Canada go The implications, nay the warning, from (Recruiting Methods) from the Royal Com­ from here, and how does Trudeau make it Gouzenko Is plain: Fidel has Cuba; can mission Report of 1946, pages 47-48: happen? Trudeau transform Canada into an antl­ "A good Illustration of the ease with which Amerlcan Cuba on the northern border of The Director in Moscow was able to obtain [From the London (Ontario) Free Press, the United States? espionage agents from the secret member­ Dec. 7, 1968) Before Trudeau was elected Prime Minister ship of the Canadian Communist Party in TRUDEAU : ANOTHER CASTRO? amid an emotional, heavily-financed cam­ selected Canadian organizations 1s pro­ (EDIToa's NoTE.-More and more, Canadi­ paign, Gouzenko warned: vided by the Research Group consisting of ans are getting a clearer insight Into the real "Because th& Canadian and U.S. press, Halperin, Durnford Smith and Mazerall ... Pierre Trudeau, elected Canada's Prime Min­ radio and teleVislon largely Ignored the past within a short period of time what had ister last June 26. activities and writings of Trudeau, the pub­ been merely a political discussion group, (Item: While Canadian forces will remain llc Is not aware of a real posslbillty that on made up o! Canadian scientists as members at full strength in Europe for the coming the 25th of June, 1968, the next Prime Minis­ o! a Canadian political party, was trallll­ year, Trudeau Is all for pulling them out ot ter of Canada might be a self-admitted rad­ formed on instructions from Moscow Into an NATO In the !ace of threats from the Soviet ical socialist, and Canada might, with ever active espionage organization working Union. Increasing pace, tum into a second Cuba. against Canada on behalf or a foreign power. (Item: Trudeau believes that the threat of The situation Is already pregnant with a It ls particularly startling that none of the a U.S. civil war spilling over Into Canada la multiple threat to Canadian freedom." initiative for this transformation was sup­ greater than the menace posed from behind Trudeau was elected to Parliament in 1965. plled by the three scientists themselves." the Iron Curtain. Before this he was a professor at the Uni­ An interesting episode directly concern­ (Item: Trudeau Is all for self-confessed versity of Montreal and had founded a radi­ ing Canadian-Soviet relations ls cited b:, U.S. revolutionaries (Black Power advocates cal Left m agazine. Cite Libre, Gouzenko Gouzenko. Stokely Carmichael and Ylpple leader Jerry says Trudeau "ls careful not to call himself A few days after that $5,000 award waa Rubin) being admitted to Canada to attend a Communist, but as a matter of record he announced, it became known that Robert the Red-lining Hemispheric Conference in was once barred from the United States as a Bryce, as Deputy Mlnlster of Finance, or­ Montreal. Communist." Gouzenko backs this conten­ dered the cancellation of the International (In View of the above, an article ("Trudeau: tion with a quote from the Toronto Dally Service of the CBC, supposedly on an econ­ Swinging (Red) Minister") in the Nov. 16 Star of Feb. 6, 1968: "In another revelation, omy drive. This program was beamed to the Issue of Life Lines, an American publication, he admitted he was once black-listed by U.S. people behind the Iron Curtain. takes on considerable interest for Canadians. lmmlgratlon authorities because they sus­ Gouzenko says "This la precisely what the Below, It ls reproduced in full.) pected he was a Communist." Soviet government wanted; to cut off' the Time Magazine describes Pierre Elllot Tru­ Shortly after Trudeau was elected to Par­ last outlet of democracy so that an enslaved deau as "a swinging Prime Minister" who liament, Prime Minister Pearson named him people behind the Iron Curtain would lose would have been, in some people's opinion, Parliamentary Secretary, then Minister of the opportunity to hear the voice of free­ a better husband !or Jackie than Arlatotle Justice. dom.'' Onassis. It was no surprise when Pearson supported The ex-Soviet cypher clerk was not alone Better yet, hope he ls a CIA agent parad­ Trudeau in the leadership race that was to in his suspicions. Dennis Braithwaite, To­ ing as Oanada's Communist-loving Prime till Pearson's post as Prime Minister. The ronto columnist, wrote: Minister. press, radio and television gave Trudeau what "I cannot bring myself to believe that the These thoughts erupt after one reads the Gouzenko describes as "unprecedented pub­ Government's proposal to scrap the CBC's charges raised by Igor Gouzenko the Soviet llclty, building him up as an intellectual, International Service (IS)-Canada's short­ cipher clerk who defected in 1946' and helped ignoring the fact that many of his so-called wave radio volce--is based, as stated, on smash a Russian spy ring In the United new ideas were borrowed from Lenin and considerations of economy. The corporation's States and Canada. Fred Rose, a member of Mao." annual budget ls in the neighborhood of $150 the Canadian Parliament, was convicted of Pearson's background ls well-known. Gou­ million; scrapping it would reportedly save espionage as a result of Gouzenko's change zenko says, recalling that Elizabeth Bentley about $3.8 mllllon, a mere trifle ... How ot political heart. telltltled under oath that Pearson was giving can the International Service now be con­ It ls Gouzenko's feeling that Trudeau is a a Soviet spy ring Information. The Russian sidered redundant when only last year late model Castro. He feels that Trudeau's quotes the Star again, from its April 15, 1967 the Government's white paper on broadcast­ passionate affair with socialism-communism Issue: ing recommended that it be granted more makes Castro's look like an adolescent tl.lr­ "Miss Bentley ldentltled Dr. Norman and funds In order to expand its services?" tatlon. Trudeau Is communism's secret weap­ Mr. Pearson-and a third Canadian official "Please," Gouzenko asks, "consider the on, the swinging intellectual, according to whose name has never appeared publicly-as following: Gouzenko. As if to make the Russian's case sources of Information for her spy ring. Her "Trudeau attended the Communist spon­ look better. Time heaps upon Gouzenko's testimony has never been made public but a sored economic conference in Moscow in pile of evidence the phrase "a swinging gOod deal of it has been leaked to friendly 1952, and on his return wrote pro-Soviet Prime Minister." segments o! the U.S. press. The Scripps-How­ articles. Indeed, Gouzenko's evidence ls staggering. ard newspapers obtained a complete tran­ "He went to Chine. twice, was received It is also supplemented by the digging of script but plans to publish this were killed, there personally by Mao, and on his return that thorough-going columnist, Father reportedly as the result of a personal Inter­ wrote, together with another man, a book, Daniel Lyons, S.J. His investigative conclu­ vention by John Poster Dulles, then the Re­ glorifying Mao, praising the Communist sions on Trudeau agree with Gouzenko's. publican designate for secretary o! state." regime In China, condemning the Nationalist Comparing the two accounts, both of which Gouzenko says he believes Elizabeth Bent­ government in Taiwan, and condemning the have common facts, plus Incidents and asso­ ley was telling the truth. "The Chief of the United States actions toward China. ciations unmentioned by the other writer, F .B.I., as a matter of fact, confirmed the "He wrote passionate articles against U.S. one wonders If both of these Trudeau critics valldlty and authenticity o! her testimony." action in Korea echoing Communist prop­ oould be wrong. There were several other episodes which aganda. Trudeau's past ls a swirl of Red associa­ revealed the sympathies o! Pearson. One de­ "Trudeau writes articles condemning the tions in which spies come and go with cock­ velopment was on November 20th, 1967. U.S. action in Viet Nam. These articles have tail party grace. Trudeau has met and has Pearson gave a top Canadian civil servant, been as violent as anything round in Com­ been conquered by the charisma of Mao Tse­ Robert Bryce, a $5,000 award in recognition munist publications. tung. There Is even a romantic chapter ot of his "outstanding service." "Pearson was quoted as saying that he derring-do in which Trudeau tried to row Gouzenko bristles at this, and well he never met Trudeau before the latter was a boat to Cuba from a Florida Key during should If his conclusions follow. He says elected to Parliament in 1965. Yet, in Week·· the Bay or Pigs fiasco. The U.S. Coast Guard "Robert Bryce was known to belong together end magazine one learns that Trudeau fl.shed him out of the sea on suspicion of with some other Canadians and Americans worked tor more than two years In the spying. His leap from an obscure govern­ to a pro-Left study group In Washington Privy Council in Ottawa as an economic ment post with the help of former Prime where he served. He also was known to be a adviser. He obtained this position with the Minister Lester Pearson a super socialist, close friend of Alger mss. help of Robert Bryce who was the Clerk of himself-was meteoric. Trudeau's aid and "This Information 1s alone not enough to Privy Council at that time. It ls hard to be­ comfort to an underling pal of Alger Hiss charge a man, but ls an alarm signal which lieve that Pearson !ailed to see Trudeau who moved in such circles as a Washington any statesman whose Interest of state secu­ there. It appears that Pearson makes special Communist study group seem to have been rity Is at heart should never overlook. effort to emphasize that he never met Tru· taken from the Fabian Handbook of 1n1Utra­ "Yet this man was not only allowed to re­ deau be!ore," Gouzenko charges. tlon, permeation and subversion. main in the Canadian civil service, but was Even more revealing ls the book Trudeau To top it of!', Trudeau Is a product of that promoted to a position of tremendous Influ­ wrote in 1961 entitled The Practice and socialist scholar factory known as Harvard, ence In Government policies, and of having Theory of Federalism. It reveals Trudeau as and was refused entry Into the United States access to practically every Government se­ a potential Castro advocating the changing In 1953 after attending an economic confer­ cret." o! Canada into a radical socialist state. The ence In Moscow. Below is the part of SectlOn n, Chapter 5 Communist program of power seizure la January 28, 1969 EXTENSIONS OF REMARKS 2063 openly Trudeau's program, according to slovakla relations covering th e time from Prussia and other areas as well as Czecho­ Gouzenko. J anuary 11 t o December 14, 1945. It wm take slovakia, who might altogether number near The Bay of Pigs adventure of Trudeau was a long time for the h istorian to evaluate the tenmilllon." not his "only suspicious episode," Gouzenko documents collected 1n t his volume and to On April 22, 1945, the American Ambassa­ says. estabUsh obvious omissions ot certain docu­ dor to Great Britain, John G. Winant, tele­ "Trudeau travelled across the border of ments. graphed to the American Secretary of State, Cambodia and Viet Nam at the height of The purpose of this article can only be to Stettinlus, and reported a conversation with the Indochinese war. He was arrested cross­ give a brief resume supported by quotations the British Secretary of State for Foreign ing the India-Pakistan line. from the documents as print ed in the State Atralrs, Anthony Eden. In this conversation, "He was arrested in Jerusalem. Later he Department's collection. There is no doubt Eden had raised the question of the libera­ a

SAN FRANCISCO, PARIS, Whlle nothing 1s said publicly, this prob­ April 28, 1945. May 11, 1945. lem is an important issue and the American THE SECRETARY OF STATE TO THE ACTING The excellent suggestion made by [to) the answer ls awaited with great impatience. SECRETARY OF S TATE: President in the Department's memo of May Madam Bene§ told me that her husband's Eden has just handed me a top secret 5th was outstripped by the rapid tempo of present insomnia can be cured the minute I memorandum reading as follows: milltary developments. am able to give her husband the "right "Shortly before leaving for Washington Sir I discussed this matter informally with answer. 0 Alex·ander Cadogan wrote to Mr. Winant the Chief of Staff SHAEF who has also been On August 25, 1945 the American Ambassa­ pointing out the great political advantages in!ormed of the contents of the Depart ment's dor to Czechoslovakia., Steinhardt wired the which would result 1! United States troops 1935, May 8, 7 p.m. Chief of Staff in!ormed Secretary or State a. report on a. luncheon could press forward into Czechoslovakia and me that it could have been a. comparatively he had with the Czech foreign minister, Jan llberate Prague. The letter asked whether the simple matter for the US Third Army to have Masaryk in which be said: United States Government agreed wit h this penetrated deeply into Czechoslovakia and "At luncheon yesterday with Masaryk he view, it is understood that the Ambassador to have ta.ken Prague. In fact German High informed me that there are stlll 320,000 So­ passed on this enquiry to the Stat e Depart­ Command strongly urged that USA forces viet troops distributed throughout Czecho­ ment but has had no reply. should undertake such a mission and the op­ slovakia. notwithstanding Stalin's personal His Majesty's Ambassador to the Czecho­ position to the forces apparently would have assurance that all Soviet forces would be slovak Government has informed his Majes­ been insignificant. In the absence of a direc­ withdrawn by July 20 other than 'eight or ty's Government that the Czechoslovak Min­ tive however General Eisenhower's strategy nine' divisions along Czechoslovak German isters are of course dellghted at the arrival of laid emphasis on fa.cllita.ting the occupation frontiers. He said he was considering sending United States troops at their borders and say of southern Germany and western Austria Svoboda, Minister of War, to Moscow to re­ that the Czechoslovak Communists are cor­ thus paving the way for the longer term mind Stalin of his promise but that he would respondingly depressed. occupation. (Murphy) prefer Fierlinger go if he could be pursuaded In our view the liberation of Prague and CAFFERY. to doso." as much as possible of the territory of west­ On June 5, 1945, a telegram from the U.S. When the Americans decided to withdraw ern Czechoslovakia by United States troops Ambassador to France (Caffery) to the Sec­ a large part of their troops from Czechoslo­ might make the whole difference to the post retary of State relates a report written by vakia ahead of any Soviet withdrawal, Stein­ war sit u ation in Czechoslovakia. and might Mr. Alfred W. Klieforth, American Charge hardt sent another telegram to the Secretary well influence that in nearby countries. On d'Affaires in Prague. Klleforth reports a con­ of State (August 31, 1945) in which he did the other h and, if the western All1es play no versation with President Benes in Paris dur­ not mince any words about this unjustified significant part in Czechoslovakia's llberation ing which Benes had told Klleforth that he "abrupt" reversal of American policy, "in that country may go the way of Yugoslavia. (Benes) would be able to hold the support violation of a promise". The text of this tele­ Genera.I Eisenhower has informed the of the Czech people, "provided the Germans gram follows: Prime Minister that his main effort is against remaining in Czechoslovakia. are deported al­ the southern redoubt. The Prime Minister is, most immediately." As Benes added, "this THE SUDDEN WITHDRAWAL OF AMERICAN FORCES however, unaware whether General Eisen­ measure was urgent and lmpotrant to get "General Harmon, Commander of the hower has been a.pprized of the significance the country back on its feet, as with the American Forces in Czechoslovakia, has in­ of Prague. removal of the Germans he hoped that it formed me in the strictest confidence that The British Chiefs of Staff have been asked would also terminate the Russian and Amer­ of his 3 divisions 2 are being taken out of to draw the attention of the United States ican mllltary occupation". Czechoslovakia within the next 10 days and Chiefs of Staff to this matter." that although it was intended until 2 or 3 My reaction to the foregoing suggestion SOVIET TROOPS DISTRIBUTED THROUGHOUT days ago to replace these forces, he has now from the political standpoint is favorable. CZECHOSLOVAJUA been informed that they will not be replaced. You may wish to discuss the matter with the The same telegram contains an interest­ He also told me that it is his understanding United States Joint Chiefs of Staff, as re­ ing observation a.bout the Soviets' behavior that Supreme Headquarters is recommending gards the milltary and polltica.l aspects of the in Czechoslovakia.: to the War Dept. that all American troops question. "While the Red Army was greeted en­ be withdrawn from Czechoslovakia and that E . R. STETTINIUS. thusiastically as llberators by the Czech peo­ no replacements be sent. He gave it as his ple, its popularity has waned rapidly because opinion that Supreme Headquarters is pro­ BENES: GERMANS SHALL BE DEPORTED of its policy of llving off the country and IMMEDIATELY posing to the War Dept. that all American its general 11cent1ous conduct. The Rus­ forces be removed from Czechoslovakia by Since there was no satisfactory reaction sian Army is under relaxed discipline and the first of November. from the Americans, Churchill decided to the average soldiers ls anxious to return "The sudden withdrawal of all American approach President Truman. In a telegram home. Even the Russian Ambassador ad­ from London, dated 30 April, 1945, he en­ forces from Czechoslovakia at this time while mitted this to me. The American forces are the Russians continue to maintain large treated the President: more popular in their occupied zone because "There can be llttle doubt that the libera­ forces in the country in violation of their they are well behaved and llve mainly from promise to withdraw would constitute an tion of Prague and as much as possible of their own supplies. the t erritory of western Czechoslovakia by abrupt reversal of our policy and would be "President Bene§ told me that he greatly regarded by all of the members of the Czecho­ your forces might make the whole difference desires American forces to remain for the to the post-war situation in Czechoslovakia., slovak Govt including the President who de­ present and considers it important that their sires a simultaneous withdrawal of American and might well influence that in nearby eventual withdrawal be synchronized with countries. On the other hand, if t he western and Russian forces as an abandonment by Allles play no significant p a.rt in Czechoslo­ that of the Russian forces although he de­ the US of Czechoslovakia to further Russian vakian liberation, that country will go the sires to see both forces leave as soon as pos­ influence. way of Yugoslavia.. sible. This viewpoint ls shared by a.11 Czechs ''STEINHARDT.'' except the ardent Communists. It ls exceed­ And again on September 4, 1945, the Am­ "Of course, such a. move by Eisenhower ingly important not only from the Czech must not int erfere with his m a.in operations bassador warned the Department of State against the Germans, but I think the highly viewpoint but from American prestige, to against the withdrawal of all American important political considerations mentioned Withdraw our troops at exactly the same troops before the Soviets had withdrawn above should be brought to his attention. time as the Russians." their troops: The British Chiefs of Staff h ave, therefore, On July 6, 1945, the American Charge "The withdrawal of all American forces to on m y instruction, asked the United States d'Affa.ires in Prague (Klieforth) sent a tele­ the Bavarian-Czechoslovak border would Chiefs of Staff to agree to the dispatch of a gram to the Secretary of State in which he probably result in an official or unofficial message to Eisenhower in order that he interpreted the Czechs' feeling about the Russian infiltration int.o the evacuated Amer­ should take advantage of any suitable op­ American failure to liberate Prague. He ican zone in Czechoslovakia. With the re­ portunity that may arise to advance into Wired: sultant wholesale •requisitioning' by indi­ Czechoslovakia. I hope this will have your "People of Prague for lnStance firmly be­ vidual Russian troops of cattle, and food, approval." lieve failure of American troops to liberate seizure of machinery, equipment. household After Prague was llberated by Genera.I Prague when they were only 20 mile distant and personal effects as •war booty' attacks Vlasov's troops and the shooting had stopped, was done upon 'orders' of Moscow, which had on individuals and various other depreda.­ t he Soviet Red Army occupied Prague on to be obeyed, although Soviet troops were tions such as are all too common 1n the May 9, 1945. On May 11, the American Am­ over 100 miles distant thereby delaying the present Russian occupied zone. bassador in France informed the Secretary city's liberation by many days." The docu­ "The withdrawal of all American forces of State (Stettlnius) that it would have ment continues: would cause the Czechoslovakians to feel been a "comparatively simple matter" to Zecho's resistance to Soviet pressure, now that they had been morally as well as physi­ liberate Prague. He also informed Stettlnius on the increase in a.11 respects, will be greatly cally abandoned by the Americans at the very weakened by American unilateral withdrawal of a heretofore unknown fact, that the Ger­ time they are beginning to show signs of man High Command h ad "strongly urged" With serious decline of western influence. The the American forces to conquer Prague. Am­ "eastern" communists will profit by it at the courage in standing up to Russians. This bassador Caffery's telegram to Stettinlus expense of Bene§ authority and the non­ might well prove to be a determlnlng factor reads as follows: Communist parties. as between the moderates and the Com- January 28, 1969 EXTENSIONS OF REMARKS 2065 munlsts in the forthcoming Czechoslovak Czechoslovak territory. He was more sue- and economic security. We have always ad· parliamentary elections. cessful in 1945 than in 1968. mired the diligence displayed by the Zecho '"STEINHARDT." The same document, reports that Prest- state in constructing democratic institutions Another document of considerable im­ dent Benes urged the United States to em- and in contributing to the peaceful interna­ portance is the telegram Steinhardt sent on ploy "widest publicity" in the U.S. if the tional llfe in the European !am.Hy of state. September 14, 1945 to the American Acting Soviets do not withdraw simultaneously with "In the last days of the war, the American Secretary of State then Dean Acheson. I quote the Americans. The passage reads: army crossed the western frontier of Zecho from it the following parts: "President remarked that 1! Soviets then in pursuit of our common enemy and ad­ CZECHOSLOVAK GUARDS FIRED OVER SOVIET HEADS failed to propose a plan to withdraw their vanced to a line north of Plzen, while the forces he favored widest publicity in United Red armies of the Soviet Union and the "I have had a talk this afternoon with states of our endeavor without success to ar- east, entered the city of Praha. The armies of President Benes to ascertain whether Czecho­ range that all Allled forces be withdrawn the Soviet Union and the United States thus slovak Government would be willing at this simultaneously." carried out the liberation of Zecho. Since time to request U.S. and Soviet Government the close of hostllltles, the armed forces of to effect a simultaneous withdrawal of their BUT THE SOVIETS REFUSE TO WITHDRAW our two countries have remained on Zecho forces. Acheson aga!n dealt with the problem of territory in order to assist the Zecho people "President gave me in strict confidence withdrawal of Soviet troops in his telegram in the ellm1nation of the remnants of the following detailed account of his efforts to of September 28, 1945 to the American Sec­ Nazi forces. The continued presence of Al­ have Soviets withdraw their forces from retary of State who was at that time in lied troops, however, ls proving to be a great Czechoslovakia. London. Acheson suggested that the Secre­ drain on Zecho economic resources and is "Benes said he had sent Svoboda Minister tary should send a memorandum to President delaying the normal recovery and rehablll­ of National Defense and Clementis State Truman in which the Secretary of State tatlon of this Allled state which remained Secretary for Foreign Affairs to Vienna a week should suggest a stern message from the longer under Nazi domination than any ago to see Marshall Kon!ev to: President to Stalin. Acheson's telegram to the other member of the United Nations. I there­ "(1) Complain of behavior of Soviet troops American Secretary of State deserves special fore de.sire to withdraw the American forces ln Czechoslovakia; attention in the light ot the present events in from Zecho territory by December 1, 1945. In "(2) Remind Kontev of Stalin"s promise Czechoslovakia. It reads: the absence of a s1m1lar intention on the made about 2 months ago that not more "With reference to plan for withdrawal ot part of the Soviet Govt. there will still than 8 Soviet divisions would remain ln U.S. forces from Zecho I propose with your remain in Zecho a large number of Red Czechoslovakia after July 20 and that these approval to submit to the White House the Army soldiers. I should, therefore like to dlvlslons would be withdrawn to Northern following memorandum and proposed mes­ propose to you that the Red army be with· Czechoslovak frontier, and to ask him to sage from the President to Stalin. drawn simultaneously with our forces. reconclle recent Soviet request for food and "The text ot the memorandum for the suppl!es for over 300,000 men with Stal!n's "Since there ls no longer any necessity to President ls as follows: 'I recommend that protect the Zecho people against any Nazi promise. President said he had instructed the attached message to Stalin respecting the Svoboda to inform Koniev that amount of depredations, and since the presence of our withdrawal of American and Soviet forces troops undoubtedly constitutes a drain on food and supplies requested would not be from Czechoslovakia be sent to you.' furnished. Inform Koniev that Czechoslovak their economy, I also feel that the American Government would not permit the Soviet "The War Department states that the plans forces should be withdrawn as soon as prac­ m!l!tary authorities to requ!slt!on the very for the reduction of the number of occupa­ ticable In order to permit the Zecho people large amount of sugar they had demanded. tion troops in Europe require the complete to reap the full benefits of the assistance The President informed me that when he had withdrawal of American forces from Czecho­ being given them by the United Nations learned of the large quantity of sugar Soviet slovakia by November 15, 1945. At the present Relief and Rehab1lltation Administration mil!tary authorities proposed to requisition time there ls stationed 1n Czechoslovakia the and other agencies. By the simultaneous he had (without consulting Cabinet) in­ equivalent of two divisions, which ls consid­ withdrawal of both Soviet and American structed the Czechoslovak m!l!tary authori­ ered by the War Department to be the num­ forces from Zecho, the American people ties to occupy the refineries and resist by ber necessary to police the border between would be assured that the drain on Zecho force !f necessary any attempt by the Soviets the American and Soviet forces, General resources bad ceased. to requisition the sugar. He said Soviet Eisenhower has estimated that 300,000 Soviet "I hope that you can give consideration soldiers had attempted to seize the sugar but troops are stationed in CZechoslovakia and to my proposal and that, in withdrawing when Czechoslovak guards fired over their that the Soviet Government intends to in­ our forces simultaneously, we can announce beads they retired. He specifically requested crease this garrison to 600,000 during the to the world our intention of removing any that this incident be not disclosed. coming winter. It is our understanding that obstacle which delays the recovery of Zecho "(4) Protest at the continued entry into the Russians forces live of! the land, and fur­ state." Czechoslovakia from Germany and Austria thermore, the Soviet Government has asked On November 9, 1945, President Truman of considerable numbers of Soviet troops and the Czechoslovak Government to provide the received the following message from Stalin: to warn Konlev that if this practice con­ necessary supplies to accommodate this force. "Your proposal concerning the withdrawal tinued and these troops continued to requi­ "American troops have been retained in of the armies during November can only be sition at will there would be 'confilct'. Czechoslovakia at the request of the Depart­ welcomed partlcualrly since lt fully accords "(5) Complain of the large garrisons, hos­ ment oi State ln the hope that a simultane­ with the Soviet plans for demobilization and pitals and other establishments the Soviet ous and complete withdrawal of both Soviet withdrawal of armies. Consequently, lt may military authorities continue to maintain and American forces might be effected. The be considered that the withdrawal of the outside of Praba, Brno, and Bratislava and efforts of President Bene!! to have the Soviet Soviet and American armies from Czecho­ to request that they be withdrawn at once. forces withdrawn have not been successful slovakia will be completed by the first of "The President said that although Svoboda and the Soviet promise to reduce their gar­ December." and Clementis bad been cooly received by rison in Czechoslovakia to eight divisions by Konlev, after a full discussion of the July of this year has not been carried out. grievances presented by them Konlev bad "The proposed message to Stalin was sug­ promised to reduce Soviet forces in Czecho­ gested by President Bene!! to Ambassador LIMITS FOR COAL DUST IN MINES slovakia to eight divisions, to stop depreda­ Steinhardt as the most effective means to URGED tions by Soviet troops from Germany and accomplish a Soviet withdrawal, since the Austria and to withdraw garrisons and other Czechoslovak appeals to Soviet m1lltary au­ establishments outside of Praha Brno and thorities have not obtained results. I con­ HON. CARL D. PERKINS Bratislava. He bad also agreed to the creation sider that a unilateral withdrawal on our OF KENTUCKY of mixed Czechoslovak Soviet units to deal part without attempting to obtain similar IN THE HOUSE OF REPRESENTATIVES on the spot summarily with irregular requisi­ action by the Soviets would be detrimental tion, attacks on civilians (including many to the democratic and moderate elements in Tuesday, January 28, 1969 murders) and other transgressions. Czechoslovakia. Consequently, we should con­ Mr. PERKINS. Mr. Speaker, those of "The President said be attributed Konlev•s sider giving full publicity to our efforts 1f the us who represent districts in which coal promise to remove the causes of complaint to Soviets refuse to Withdraw or 1! they agree the fact that shortly before Svoboda and to withdraw but utilize familiar delaying tac­ mining is conducted long have sought Clementls left for Vienna be bad instructed tics to keep their forces in Czechoslovakia legislation to combat a lung disease the Czechoslovak Mlnlster in Moscow to in­ after our withdrawal." which causes more deaths among miners sist on seeing Stalin and to recite the same The attached proposed message from Tru­ than are caused by underground explo­ grievances Stalin had remarked ''I under­ man to Stalin was sent by the President, No­ sions. This disease is known as pneu­ stand the situation, there will not be tran­ vember 2, 1945, and read as follows: moconiosis or "black lung." qulllty before we leave completely." "As you know, ever since the time when the I am glad that, after 16 years of study, This document reveals a fantastic parallel late President Wilson Intimately associated ln 1946 to the present Soviet occupation of himself with the liberation of Zecho from the Federal Government has recom­ Czechoslovakia. In both cases Svoboda, to­ Habsburg rule my country bas followed with mended standards to reduce the spread day's President of the Czechoslovak Repub­ deep and sympathelc interest the struggle ot of this disease. Several Members of this lic, tried to induce the Soviets to leave the Zecho people for national independence House have joined in introducing legis- 2066 EXTENSIONS OF REMARKS Januar y 28, 1969 lation which would write those stand­ PRIVATE INVOLVEMENT IN URBAN time of change and turbulence, volunteers ards into law. I hope the House will give PROBLEMS are needed more than ever. "Volunteers bring a sense of commitment and interest," prompt approval to that proposal. says Ruth Hagy Brod, director of the Volun­ A well-rounded explanation of this teer Coordinating Councll in New York. problem is contained in the January 17 HON. FLORENCE P. DWYER OF NEW JERSEY "They improve the quality of city services issue of the Anthracite Tri-State News. because they're not callous, and in a highly Having received permission, I insert this IN THE HOUSE OF REPRESENTATIVES alienated society, when someone does some­ article in the RECORD : Tuesday, January 28, 1969 thing for someone else without pay, it's a LIMITS FOR COAL DUST IN MINES URGED-­ sign you really care." PNEUMOCONl'.OSIS CAUSES MORE DEATHS Mrs. DWYER. Mr. Speaker, harsh ex­ Across the nation an army of volunteers­ THAN MINE MISHAPS perience has taught us that government thousands of your fellow citizens-are devot­ ing time, energy, ingenuity and initiat ive to WASHINGTON.-After 16 years ot study, the alon~though it has a huge responsi­ bility-cannot solve the urban crisis. The urban ills. Why not join the "army?" Re· government recommended today the first cruits are desperately needed and t he op­ Federal standard to reduce coal dust which character, complexity, and extent of our portunity for service lies right at hand. causes an incurable lung disease blamed for urban problems requires the committed more miners' deaths than accidents are. and understanding participation of the A MAJORITY OF ONE Charles C. Johnson Jr., ot the Department private sector, business, labor, voluntary You don't need an elaborate organization of Health, Education and Welfare, acknowl­ organizations, and individual concerned or large bankroll to launch your own com­ edged that a "U.S. standard was long over­ munity aid project. Your own wits, energy due" to combat the disease known among citizens. and dedication are enough. miners as "black lung." For many months now, I have been For instance, you can collect and distrib­ The United States is the only major coal­ searching for examples of private par­ ute clothing, books, food and other items producing country that doesn't have a gov­ ticipation in this area, especially on the in short supply among the urban poor. ernment standard for keeping down coal part of business which Possesses such You can use the free resources of the city's dust, the department said in a statement. great Potential-examples which will il­ playgrounds, parks, museums or libraries to Johnson said at least 100,000 miners in the lustrate the need and demonstrate the sponsor recreational or cultural projects. country run the risk of getting the disease You can form a committee to write letters, and that the Federal standard could sig­ performance and which can serve as use­ prepare data and consult with elected offi­ nificantly reduce the danger. He had no ful information to our colleagues and cials on pressing urban problems. figures on those actually afflicted with black Possible guides for further action. The llst ls endless, and thousands of your lung now. Among the many such examples I fellow citizens have shown the way. For Under present law, the Federal Govern­ have found, certainly the involvement of example-- ment has no power to enforce the recom­ the Chase Manhattan Bank of New York On New York's Lower East Side, Humberto mended standard. A department spokesman City has been an outstanding one, in Aponte, an insurance claims adjuster who sa.1d it would be up to Interior Department terms of the depth of its commitment, was born on a poor farm in Puerto Rico, to ask Congress to provide such authority. runs a one-man housing clinic in his spare The department's recommended standard the extent of its activities, the strength time. Armed with only a battered t ypewriter, 1s set at not more than three m1ll1grams of of its leadership, and the imagination he battles for his neighbors who often lack respirable coal dust a cubic meter of air as which it brings t.o this impcrtant work. the knowledge and resources to fight back measured by the Mining Research Establish A recent Public Affairs Bulletin issued against slum landlords. instruments. by Chase Manhattan, entitled "What First in Hartford, and then in New York, Studies completed by HEW's Public Health You Can Do About the Urban Crisis," 27-year-old Ned Coll created an organization Service in 1964 found that almost 10 per cent serves the twofold purpose of revealing called the Revitalization Corps which func­ of the active soft-coal miners and 20 per cent tions as a kind of non-governmental domes­ of the former miners in the Appalachian a little of what one :financial institution tic Peace Corps through a variety of grass­ area show X-ray evidence of the disease. A is doing and inspiring others t.o do like­ roots programs. Coll's "Operation Suburbia," final report on that study is expected soon. wise. When this publication, which is for example, placed 100 city children from Johnson, chief of HEW's new Consumer only one of many examples of the bank's Hartford and New York in suburban homes Protection and Environmental Health Serv­ urban activities, is seen in the context for several weeks last summer. Ot her proj· ice, said in an interview that "the findings of the bank's official statement of Policy ects include tutoring and campaigning for have not been suppressed. They have ap­ regarding its urban respcnsibilities-as better schools-all on $5,000 a year, privately peared in a number of journals." reflected in the letter t.o stockholders in­ raised. In 1952, a survey by the health service In Harlem, Miss Cora T. Walker, who for found an "alarmingly high" rate of chronic cluded in its 1967 annual report-the years has been telling her neighbors: "Quit chest disease among soft-coal miners in the measure of Chase Manhattan's t.otal in­ complaining about problems. Do something country. volvement is great indeed. about them!," launched a $5 per share super­ The disease, officially called pneumoconi­ I include, for the information of our market last spring. Called the Harlem River osis, breaks down the tissue of the lungs as colleagues, Mr. Speaker, both the bulle­ Consumers Cooperative, Inc., it provides jobs the coal dust becomes lodged in them. In tin and the excerpt from the annual for 80 Harlem men and women and lower advanced stages, the victim becomes increas­ repcrt: prices for housewives on shopping day. seven­ ingly short of breath and finally dies of heart teen teenagers traveled from door to door to !allure, pneumonia or suffocation. (From the Chase Manha ttan Bank Public sell shares in the cooperative. Affairs Bulletin, Dec. 30, 1968) Officials say there are no statistics on how IN UNION THERE IS STRENGTH many of the miners who get low-grade cases WHAT You CAN Do ABOUT THE URBAN CRISIS of the disease progress to the fatal stages. If your inclination 1s to "join" rather than The plight of our cities and of the people act on your own, there are innumerable or­ While mining accidents have been kllllng who live 1n them no longer needs any docu­ ganizations and groups that will welcome several hundred men a year in the United mentation. Our eyes, our ears, our noses, our your participation. Let's look at what some States recently, black lung ts listed officially nerves tell us more eloquently than any sta­ of them already are accomplishing in vari­ as the primary cause of deaths for about tistics that our cities are in deep trouble. ous parts of the country on major aspects 1,000 coal miners ea.ch year in Pennsylvania There is no single solution, and certainly of the urban crisis. alone. And the deaths of about 1,000 more no simple one. "This is such a mixture of miners in the state year list black lung as a physical, financial and psychological ques­ Ectucation secondary cause. tions as to confound the best minds we A good education Is the greatest single Officials have no nationwide figures on the have," said President Johnson. weapon for combating the cycle of poverty, annual deaths from black lung. But Dr. Lorin But there is something each of us can do, despair and disorder that festers in so many Kerr of the United Mine Workers Welfare Re­ and the joint efforts of enough concerned or our cities. The education problem, as we tirement Fund says there is no question that citizens hold out the best hope !or conquer­ all know, ls beset by confilctlng ·pressures. black lung causes more deaths than acci­ ing the ills of our cities. "We h ave an ample Yet in scores of communities, heartening re­ dents. supply of handwringers," says John Gardner, sults have been achieved by groups who Most surveys of the disease have been con­ head of the Urban Coalition. "We are in very found that there were practical steps they ducted among soft-coal miners, but studies short supply of people willing to lend a could take right in their neighborhoods. among hard-coal miners have indicated com­ hand." In Bridgeport, Connecticut, the School parable rates of black lung. VOLUNTEERS ALL Volunteer Association, made up of some 375 The Federal standard applies to both soft Virtually everything we know today as so­ black and white volunteers, tutors children and hard coal mines. cial services--children's shelters, home nurs­ with reading problems. The school super­ A knowledgeable Federal source said "there ing, family service agencies, halfway houses, intendent calls the volunteers• work "an aca­ just hasn't been any push for this" until re­ clinics, welfare agencies--were pioneered by demic tender-loving-care that you couldn't cently, and that top officials in HEW have volunteer citizens who became concerned buy." shown little interest in the matter because about neglected human needs in their com­ In another typical community, women vol­ "there were too many other higher priorities." munities and took steps to help. Now, in this unteers of a Stay-in-School Committee have January 28, 1969 EXTENSIONS OF REMARKS 2067 been encouraging high school dropouts to a "court-watchers" program to keep tabs on This responsibility to our social environ­ return to school by establishing personal the efficiency of the courts. They have also ment ls intimately Intertwined with our eco­ contact to get at the basis o! each young­ begun a "one-woman-one-child" program in nomic responsibility to our stockholders. We ster's problem. With the help of church, which one woman helps to solve the problems cannot, we believe, Justify your faith 1n us service and community groups, they 11.nd o! one disturbed chlld, whether he needs a simply by earning a profit today. We must dropouts part-time Jobs and help them new sweater, help with his schoolwork or a also be certain that we are securing a place maintain their morale and keep their school job for his unemployed father. for tomorrow. and job performances up. An incident in Chicago recently gave elo­ With this in mind, the bank supported a In New York City, a group o:t 70 young quent testimony to the value o! such pro­ variety of projects designed to foster an businessmen has set up an organization grams. A 16-year-old hefted a fist-sized rock environment conducive to long-term eco­ called SEO-Sponsors for Educational Op­ in his hand, then suddenly thrust it toward nomic growth. Some of these are shown on portunity, Inc. SEO searches for ghetto boys Lucy Lewis, a city anti-poverty worker. pages 22 and 23. and girls with top potential and helps them "Here," he told her, "I've got something for In addition, we have been devoting an in­ get into the better colleges and universities. you. You kept me so busy I never had a creasing amount of time to examining ways The SEO members entertain the students in chance to throw It." in which we can give more effective expres­ their homes, build up a personal relation­ HOW DO YOU START? sion to our policy of equal opportunity. The ship, look into family problems and seek :fact is that in recent years we have not been scholarships and summer jobs. Most or the Chase Volunteers for Community Action (CVCA) has been created to help Chase sta:lf able to find enough qualified people to fill 150 students SEO has selected for sponsor­ our job openings. Thus our only alternative ship are already in college. Says Harold Davis, members who want to do voluntary work on community problems in their spare time. 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HOUSE OF REPRESENTATIVES-Wednesday, January 29, 1969 The House met at 12 o'clock noon. ber of the U.S. House of Representatives, Controls Act of 1947; the Rent Control The Very Reverend Stephen Bilak, representing the old Seventh District of Acts of 1947, 1948, and 1953; the Veterans pastor, St. Vladimir Ukrainian Ortho­ Michigan, from 1931 to 1957. Housing Act of 1948; and the Housing dox Cathedral, Philadelphia, Pa., offered It was my privilege to meet Jesse for Acts of 1953 and 1954. I am certain that the following prayer: the first time shortly after my arrival in the present chairman of the Banking In the name of the Father, and of the Washington back in 1961. Jesse was then and Currency Committee, the Honorable Son, and of the Holy Spirit. Amen. a director of the Federal Deposit Insur­ WRIGHT PATMAN, can well recall Jesse's Almighty God, we beseech Thee to look ance Corporation and appeared before contributions to that committee over the with favor upon our great country-the our House Committee on Banking and years. United States of America. Thou hast Currency, on which I served at the time. I think that I shall always recall with made us great among the nations of the From the more senior members of the particular fondness a special trip that earth. Let us not forget that this place committee I quickly learned of Jesse's Jesse made to Capitol Hill back in Sep­ and power have come of Thee, and fine reputation and the high esteem in tember 1963. I needed help as I knew that we have them as a trust to use in Thy which he was held by all. Then, in 1964, I would be campaigning for reelection in service. We implore Thee, 0 Lord, instill Michigan's congressional districts under­ a new district in 1964. Much of that new us with brotherly love, bring order, unity, went a great change. As luck would have district would be Jesse's old territory and understanding. Guard and keep in it, I fortunately ended up with most of from which he had voluntarily retired good health our esteemed President, the the counties of Jesse's old Seventh Dis­ from Congress in 1957. Members of the Congress, and all those trict. This included, as now, Jesse's Puffing on his cigar, another of his to whom has been committed the govern­ home county of St. Clair. trademarks over the years, Jesse pre­ ment of this Nation. Thus, through my service on the Bank­ dicted, "You won't have any difficulty, O Merciful God, on the 51st anniver­ ing and Currency Committee, my Mich­ JIM. They are friendly, outgoing people sary of the proclamation of the inde­ igan background and acquisition of in the Seventh District. It is just a ques­ pendence of the Ukrainian National much of the old Seventh District, my tion of getting acquainted." He lent his Republic, we commend to Thy gracious friendship with Jesse and his lovely wife, fullest support in my behalf. care the enslaved Ukrainian people, and Grace, prospered. A friendship my wife, In our small talk, I asked Jesse what pray, 0 Lord, that Ukraine once again be­ June, and I cherished and shall always he felt was the biggest change in the come free from this atheistic commu­ remember with great fondness and Federal Government over the last 35 nistic oppressor and modem slavery. affection. years. In a wink he stated bluntly and O Heavenly Father, help the Ukrainian We shall always recall with great de­ concisely-"It's bigger." In talking about people in their heroic fight against light an overseas trip with Grace and everyone depending on the Federal Gov­ tyranny, symbolized and practiced by the Jesse a few years ago. It was a wonder­ ernment to solve their problems, Jesse Red empire. Help all the oppressed na­ ful time made so enjoyable by the witty added, "They should stay at home." tions to become free, as well. Amen. and sparkling personality possessed by I have fond, warm memories of this Jesse. man-little in stature, but so big and tall As we pause to pay tribute to Jesse in greatness and in heart. He shall al­ THE JOURNAL today, I think it is important to cite at ways rank with the very best who have The Journal of the proceedings of the outset that this man devoted over 45 served our country so well for so long, yesterday was read and approved. years of his life to public service. And serve his country and his fellow Imagine the impact this fine gentle­ man he did with distinction. There are man has left in helping to chart our 17 lines in the "Biographical Directory TRIBUTE TO THE LATE HONORABLE Nation's future when he first arrived in of the American Congress, 1774-1961" on JESSE PAINE WOLCOTT Washington on March 4, 1931, to take the Jesse Paine Wolcott. A book could be (Mr. HARVEY asked and was given oath as a Member of Congress for his written on each line. permission to address the House for 1 first term in the 72d Congress. Consider his birth and childhood in minute, to revise and extend his re­ In 26 years, he served on such commit­ Gardner, Worcester County, Mass., where marks and to include extraneous tees as Territories, Banking and Cur­ he attended elementary and high schools. matter.) rency, Revision of the Laws, Roads, Spe­ Then his attendance at Detroit, Mich., Mr. HARVEY. Mr. Speaker, it is with cial Committee on Postwar Economic Technical Institute and graduation in profound regret and great sadness to Policy and Planning, Joint Committee 1915 from the Detroit College of Law, De­ formally notify my colleagues that on the Economic Report, and Special troit, Mich. former Congressman Jesse Paine Wol­ Committee To Investigate Tax Exempt He was admitted to the bar the same cott passed away yesterday-Tuesday, Foundations. year and commenced practice in Detroit. January 28, 1969, in Bethesda, Md., at It is of special honor to point out that He answered the call to serve his coun­ the age of 75. Jesse would have cele­ Jesse Paine Wolcott was chairman of try during the First World War and did brated his 76th birthday in a few weeks the House Committee on Banking and so with distinction as a second lieutenant on March 3. Currency both in the 80th Congress- in ,a machinegun company overseas as There are many, many Members in 1947-48-and 83d Congress-1953-54. a part of the 26th Infantry, 1st Division, this Chamber who can speak more know­ Under his chairmanship the following 1917-19. ingly and personally of Jesse Wolcott and bills were passed: the Mortgage Insur­ After the war, Jesse returned to Michi­ the 26 years that he served as a Mero- ance Act of 1947; the Consumer Credit gan and settled in Port Huron, some 50