946 CONGRESSIONAL RECORD - HOUSE January 19, 1965 Scott, Gerald E. Wieden, Clifford, Jr. Mr. STAFFORD. Mr. Speaker, I rise as long as he was able, he had a cheerful Simmons, Clyde M. Yaeger, Richard A. today to pay tribute to a former distin­ greeting for all and was loved alike by men, Smith, Clarence D. Bode, Wichard H., Jr. women, and children. As raconteur he had guished Member of the U.S. House of few equals as his long-to-be-remembered Starzynski, Paul M. Clark, James A. Representatives-an outstanding native Tanksley, Lawrence E. Merry, Bion E. stories of old Northfield and its people bear Van Grol, Daniel P., Rodgers, John H. citizen of the State of Vermont-a friend witness in the memories of those whose III Huey, Benjamin M. of many of you who are still here--the world is a desolate place now that he has late Charles A. Plumley, U.S. Represent­ left it. (Note: Asterisk ( •) indicates ad interim ative from Vermont from January 16, A lover of beauty wherever he found it, his appointment issued.) garden on Prospect Street brought joy to all, 1934, to January 3, 1951. especially when his peonies and an occa­ Mr. Plumley died in the town where he sional "piney" were at their height. If a.11, CONFIRMATIONS was born, educated, and retired, North­ into whose lives he brought laughter and Executive nominations confirmed by field, Vt., on October 31, 1964, following sunshine, could place one blossom on his the Senate January 19, 1965: the adjournment of the 88th Congress. grave he would sleep tonight in Mount Hope He was buried the day before Election in a wilderness of flowers. He met life on its DEPARTMENT OF THE TREAS~Y Day, but as was .true of him in life, so own terms always with an equable temper, Sheldon S. Cohen, of Maryland, to be Com­ death did not cheat him from full par­ cheerful courage, and steady faith. missioner of Internal Revenue. "Take him for all in all, we shall not look Mitchell Rogovin, of Virginia, to be an As­ ticipation in the politics of that day. upon his like again." · sistant General Counsel in the Department For he had cast an absentee ballot for of the Treasury (Chief Counsel for the In­ President and other offices just prior to Mr. HALLECK. Mr. Speaker, will the ternal Revenue Service) . his death. gentleman yield to me? Charlie Plumley served a long and no­ Mr. STAFFORD. I would be delighted ...... table career in this great body, as did his to yield to the distinguished gentleman father, the late Frank Plumley, Repre­ from Indiana [Mr. HALLECK]. HOUSE OF REPRESENTATIVES sentative from Vermont from 1909 to Mr. HALLECK. Mr. Speaker, as one 1915. But it would be difficult to have . who served here with Charlie Plumley, of TUESDAY, JANUARY 19, 1965 categorized the life of Charles Plumley. Vermont, and as one who admired him, The House met at 12 o'clock noon. In the field of education, he was a prin­ respected him, and loved him, I would The Chaplain, Rev. Bernard Braskamp, cipal . and superintendent in the public just like to say that the gentleman from D.D., o:tfered the following prayer: school system of his hometown and in Vermont's appraisal of Charlie Plumley's later years served as president of Nor­ record here, his character and his serv­ use the verse of Scripture, Ephesians wich University, one of this country's ice, is entirely correct. Charlie Plumley 3: 20: Now unto Him who is able to do outstanding military schools, from 1920 was one of the finest gentlemen that I exceeding abundantly above all that we to 1934. have ever known. His friendship meant ask or think, according to the power that Mr. Plumley was commissioner of taxes a lot to me. I am sorry indeed that he worketh in us. for the State of Vermont for 7 years, after has gone to his reward, but I am sure Almighty God, we earnestly beseech having served in administrative positions that all those who knew him would agree Thee to bestow Thy gracious favor and in both our State senate and house of with me that he served here with dis­ benediction upon our President, our Vice representatives. As a member of the tinction, that he contributed in full President, our Speaker, and the Members State house of representatives, he served measure to the benefit of his Nation and of the Congress. that body as speaker. his State. Grant that they may know how to After 17 years in this body, Charlie Again I thank the gentleman for yield­ guide the Ship of State and embody and Plumley retired on his own, expressing ing to me that I might add my sincere express that noble kind of patriotism the view in his own words: words of tribute to a great friend of mine, which seeks in personal character and I thought, and still think, that some Charlie Plumley. public service to protest and perpetuate younger man should bear the burden of the Mr. ALBERT. Mr. Speaker, will the the good name of our beloved country. responsibility for carrying out the ideas and gentleman yield to me? May we all aspire to emulate the faith­ the ideologies for which I have stood over Mr. STAFFORD. I will be glad to ful in doing high and helpful things for the years. yield to the distinguished majority our Republic and share in the blessed Those of you who worked here in the leader. ministry of healing the hurts and heart­ Congress with Charlie Plumley knew him Mr. ALBERT. Mr. Speaker, I join my aches of bruised and broken humanity. for his honesty and friendliness, and for distinguished colleague from Vermont Now may Thy grace, mercy, and peace the many years of valuable service he and the distinguished gentleman from descend upon us, through Jesus Christ, performed as a member of the important Indiana [Mr. HALLECK] in this word of our Lord, in whose name we pray. Appropriations Committee. tribute to a former Member who per­ Amen. But of those who knew him best, I be­ formed outstanding service in this body lieve the words expressed fallowing his and who had earned and received the THE JOURNAL death by a lifelong friend and class­ highest respect of his colleagues. He The Journal of the proceedings of yes­ mate, Mr. William D. Hassett, of North­ loved the House and was loved by it. terday was read and approved. field, come the closest to describing this I was shocked at the news of his death, memorable :man. Mr. Hassett, former and I extend my deepest sympathies to secretary to Presidents Roosevelt and his friends and relatives. DESIGNATION OF SPEAKER PRO Truman, wrote of his friend: Mr. STAFFORD. I appreciate the TEMPORE In the quiet of an October morning the words of the majority leader. long life of Charles Plumley ebbed to a peace­ Mr. O'HARA of Illinois. Mr. Speaker, The SPEAKER. The Chair designates ful close. even before I came to the Congress I the Honorable EMANUEL CELLER, of New Few lives have touched the life of our had heard of the good heart and the York, to act as Speaker pro tempore to­ Northfield community at so many angles as good works of the Honorable Charles Al­ morrow, January 20, 1965. his. Born in the family home on Pleasant Street, as a boy he attended the graded bert Plumley. The late Congressman school and prepared for Norwich University Ralph Church had referred to him a THE LATE HONORABLE CHARLES A. at Northfield High School. He was the only matter in which I was interested, because son of Frank Plumley, one of the foremost the young man concerned, who formerly PLUMLEY trial lawyers in New England and of Lavinia had been a constituent of Congressman Mr. STAFFORD. Mr. Speaker, I ask Fletcher Plumley. His mother was once Church, was then a resident of Vermont. unanimous consent to address the House preceptress o! the local high school, of which It was one of those personal matters, for 1 minute and to revise and extend my her son was afterward principal. The Plumley household was a home of plain not of earthshaking importance, but of remarks. living and high thinking. real concern to at least one young man The SPEAKER. Is there objection In all the great relations of life Charles and the members of his immediate fam­ to the request of the gentleman from Plumley never was found wanting nor in­ ily. I appreciated greatly the response Vermont? adequate. He had a genius for friendship of Vermont's veteran Congressman in There was no objection. and in his daily walks around Depot Square, the case of a young man, a stranger to January 19, 1965 CONGRESSIONAL RECORD - HOUSE 947 him, only recently come to his State of tional system restudied, reinforced, and re­ James E. Webb, of the National Aero­ Vermont and, moreover, a member of a vitalized. nautics and Space Administration, that Democratic family. The administration measure, Mr. the second unmanned Gemini spacecraft When I came to the 8lst Congress I Speaker, which developed out of mutual has been recovered by our naval forces sought him out personally to tell him my consultations among the executive 2,150 miles down range in the mid-At­ appreciation. The friendship that fol­ branch and the legislative branch and lantic. lowed was rich and rewarding. I am the educational constituencies, is a com­ This spacecraft was launched at 9: 03 grieved to learn of his passing. In April mendable one. The most significant this morning from Cape Kennedy on a next he would have reached the ripe ae:e proposal, in my judgment, is the Presi­ 16,60-0-mile-an-hour course. If post­ of 90. His indeed was a long and useful dent's recommendation for university ex­ flight tests indicate satisfactory per­ life and at every stage of a career that tension and continuing education. This formance during the flight, we have to­ included the presidency of Norwich Uni­ I would like to call-as has a Portland day passed a significant milestone in our versity, speaker of the Vermont House of university president-the "City Grant space program. Early indications are Representatives, soldier, lawyer, banker, College Act." The Landmark Morrill that the mission met all requirements. statesman. He made a friend of every­ Act of more than one century ago Today's launch was the second in the one with whom he worked. brought into being the land grant college Gemini-Titan series. It was designed to Our late beloved friend and colleague system to serve a primarily rurally complete the qualification of the launch was the son of another Congressman oriented Nation. Today, the situation vehicle and spacecraft for the program's Plumley from Vermont, the Honorable has completely switched about and more two-man flights. Frank Plumley, who served in the 61st, than 70 percent of Americans live in The first of these will carry NASA 62d, and 63d Congresses. urban areas. The City Grant College Astronauts Virgil Grissom and John Act can do for our cities, beleaguered by Young into a three-orbital mission this spring. Later flights will be used to per­ GENERAL LEAVE TO EXTEND bad housing, overcrowding, and a host of social problems, what the Land-Grant fect space rendezvous and docking tech­ Mr. STAFFORD. Mr. Speaker, I ask College Act did for the agricultural seg­ niques, to study the performance of unanimous consent that all Members ments of our Nation. This recommenda­ astronauts during periods of up to 2 may have 2 legislative days in which to tion by the Johnson administration may weeks in space, and to test other opera­ extend their remarks at this point in the be the most significant of any recom­ tions that are basic to the lunar-landing RECORD. mendation of this generation. Today we Apollo program which will follow Gem­ The SPEAKER. Is there objection to cannot even envisage the results of this ini. the request of the gentleman from Ver­ forward-looking program. Gemini is the second major phase of mont? Among its many other fine features is our manned space-flight activities. We There was no objection. the long-overdue proposal of a program moved boldly into this two-man flight of student assistance in the form of program after the brilliant success of the scholarships for 140,000 needy and qual­ six manned flights of Project Mercury. TO IMPROVE THE HIGHER EDUCA­ ified high school graduates. Surely, any We have confidence that Gemini and TION SYSTEM IN OUR NATION qualified young man or woman . who Apollo will prove equally successful and that this Nation will continue to move Mrs. GREEN of Oregon. Mr. Speaker, really wants a college education should have that opportunity. resourcefully with the help of its indus­ I ask unanimous consent to address the tries, its universities, its government, and House for 1 minute, to revise and extend Still another, is a faculty exchange program to strengthen less developed col­ the aspirations of all its citizens toward my remarks, and to include extraneous that day when the United States will matter. leges. Many smaller colleges, apart from the mainstream of academic life for stand preeminent in space as it is al­ The SPEAKER. Is there objection ready preeminent on earth. to the request of the gentlewoman from many reasons beyond their immediate Oregon? control, face major financial problems, There was no objection. loss of accreditation, or difficulties in at­ AKIO NAGAMINE, SPEAKER OF THE tracting top personnel. This proposal, Mrs. GREEN of Oregon. Mr. Speaker, which I introduced last year for purposes UNICAMERAL LEGISLATURE OF I am pleased today to introduce the OKINAWA administration's recommendations to of discussion and study, would encourage improve the higher education system of our most advanced universities to enter Mr. MATSUNAGA. Mr. Speaker, I into cooperative relationships with less ask unanimous consent to address the our Nation. developed colleges. I was most pleased House for 1 minute. A week ago, President Lyndon John­ that this administration has included The SPEAKER. Is there objection son sent to the Congress an education this plan in the overall recommendations. to the request of the gentleman from message which, in my view, was the finest And finally, not without note, is the Hawaii? ever submitted to the National Legisla­ proposal to enable purchase of books and ture. In the course of the 13-page mes­ There was no objection. library materials to strengthen college Mr. MATSUNAGA. Mr. Speaker, it is sage, President Johnson made many elo­ teaching and research. quent statements on behalf of education. my distinct honor and pleasure to an­ And so in the words of Lyndon Johnson nounce that among many distinguished One such passage stands out 1n my mind. on a far more somber day about 1 year It came when the President quoted visitors to our Capital City during these ago, "Let us ~ontinue." Let us continue busy days of inaugural festivities is a Mirabeau B. Lamar, second President of to expand and improve the partnership great friend of the United States, Mr. the Republic of Texas and the father of between the public and private colleges Akio Nagamine, speaker of the uni­ Texas education: and the Federal Government that our cameral Legislature of Okinawa. The cultivated mind is the guardian genius children may "le better equipped and bet­ Mr. Nagamine, now 56, is a leader of of democracy. It is the only dictator that ter educated to face the challenges of free man acknowledges. It ls the only secu­ the Okinawa Democratic Party. He has rity that free man desires. tomorrow. devoted all of his adult life to public service, having been a schoolteacher, vice Surely there are none among us today GEMINI SPACECRAFT SUCCESS principal, and principal. In 1946 he . who cannot subscribe to President John­ was appointed a school inspector by the son's invitation to us to join with him in Mr. MILLER. Mr. Speaker, I ask Okinawa Civil Administration. He has declaring a national goal of full educa­ unanimous consent to address the House also served as mayor of Oroku-son, and tional opportunity. Surely we can em­ for 1 minute and to revise and extend my commissioner of the land acquisition ex­ bark with the President on another ven­ remarks. amining committee of the Ryukyu Gov­ ture to put the American dream to work The SPEAKER. Is there objection ernment. In 1956 he was elected to the in meeting the new demands of a new to the request of the gentleman from Okinawan Legislature and reelected for day. He continues: California? an additional five terms. He was chosen Once again we must start where men who There was no objection. speaker of the unicameral legislature in would improve their society have always Mr. MILLER. Mr. Speaker, I have re­ 1960 and has held that position ever known they must begin-with an educa- ceived word from the Administrator, since. 948 CONGRESSIONAL RECORD - HOUSE January 19, 1965 Mr. Speaker, I am sure I speak for the the type of legislation that we are off er­ as much lead and zinc as they are able entire membership of this House when I ing today and an expansion of our inter­ to at the present time under the existing say that we are greatly honored by the national trade. quotas, which were imposed by the Presi­ visit of the Honorable Akio Nagamine, Let me also state for the record that dent of the United States on October 1, speaker of the Legislature of Okinawa. there has been an improvement in the 1958. Those quotas are rigid, absolute domestic lead and zinc mining industry quotas which, in my opinion, were very in the last year and that prices of lead liberal and to the advantage of foreign LEAD-ZINC ACT OF 1965 and zinc are at a level that will make it producers when they were imposed. INTRODUCED possible for the industry to operate eco­ By utilizing the existing quotas as a Mr. ASPINALL. Mr. Speaker, I ask nomically if these prices are maintained. base, our flexible quota plan assures unanimous consent to extend my remarks But let us not forget that this improve­ friendly foreign governments that these at this point in the RECORD. ment,' that these profits accrue to the quantities will remain the minimum The SPEAKER. Is there objection benefit of those who have weathered the eligible for impprt and that, whenever to the request of the gentleman from storm and remained in operation through the U.S. market conditions require it, the Colorado? the lean years when lead and zinc could import restrictions will be relaxed and There was no objection. not be mined profitably. This does not additional quantities of lead and zinc Mr. ASPINALL. Mr. Speaker, I know help those who were forced to go out of could be imported. Likewise, of course, that Members of the House are familiar business; they cannot be helped unless the flexible quota system would provide in general with the various problems that and until they have some assurance that for decreasing the quotas when metals have beset the lead and zinc industry in the industry will be stabilized during a stock levels indicate that U.S. market the last decade. I have been bringing long enough period of time to warrant conditions are such that lesser imports these facts to the attention of this body the investment necessary to reopen old are required. because of the importance of the lead mines and open new ones. The bill that we are offering today has and zinc industry to the economy of We are at a stage of our economic de­ the support of all segments of the do­ many regions throughout the country velopment today where we need in­ mestic lead and zinc industry-miners and therefore to the overall economy. cre9.sed amounts of lead and zinc for and smelters alike. This bill is a refine­ In my district-the Fourth Congres­ domestic consumption. Some manufac­ ment of legislation that many of us sional District of Colorado--lead and turing and processing industries have sponsored in the last Congress. One of zinc mining is not only important but told us that they are facing disastrous the features of the legislation which we has added to the folklore of our Nation shortages of lead and zinc in the immedi­ think is an improvement over the terms through the exploits of brave and ad­ ate future. The domestic lead and zinc of the earlier bills places in global venturous prospectors in many districts. mining industry cannot meet this short­ quotas percentages of import allowances There is still a lot of ore in the ground at range demand and the legislation has that are not being utilized under existing Leadville; but, there is little activity be­ been introduced by Members of this body quota. In addition we think that we will cause the depressed conditions of recent to provide for the release of additional provide greater assurance of stability for years forced the mines to close. Other supplies of lead and zinc from the na­ the domestic miner and consumer while areas are likewise inactive although the tional stockpile. Some further stockpile at the same time assuring the importer minerals are there. · release appears justified, but I reserve of a share of the market. Since the 86th Congress it has been my for another day my judgment on the By permitting a continuation of the responsibility, as chairman of the House question of the quantity and the proce­ allocation of existing quotas to those Committee on Interior and Insular Af­ dures of sale. However, I do make the countries that now have such quotas and fairs, to consider measures that would firm observations that the stockpile was have substantially fulfilled them under help all domestic mining industries in­ not created for the i:-urpose of feeding the present plan, and can be expected to cluding lead and zinc. So, I have been supplies into the normal domestic utilize them in the immediate future, we actively seeking solutions to these prob­ markets and that stockpiled materials permit those countries to sustain their lems. I have long felt that the key to should not be utilized to influence the own present level of production. Stated the dP.velopment and maintenance of do­ market. another way: The flexible quota proce­ mestic mining sources that can be relied The time to take the necessary steps to dure will permit an increase in base upon to expand our domestic economy assure a continuing supply of lead and quota levels in direct relation to any sus­ and to be available if we ever need them zinc for domestic use is now. We cannot tained growth of our economy resulting for a national emergency, is to make accomplish this purpose by relying on in increased consumption of lead and sure that we balance imports to the end either the stockpile or on foreign produc­ zinc and thereby permit foreign pro­ that the domestic mining industry will tion and imports. And let me emphasize ducers to share proportionately in our be assured of a fair share of the domestic that it is not only in time of emergency growth. market and therefore will be encouraged that we cannot rely on foreign sources; Finally, we have provided that when­ to make investments for long-range we cannot rely on these sources at any ever a.country fills less than 90 percent development. time and particularly not at this stage of of its assigned quota during a calendar Those of us who have been laboring emerging and developing nations that year the deficiencies would be allocated for the salvation of the lead-zinc indus­ have created new markets for these com­ to a global quota, available to any coun­ try are of the opinion, Mr. Speaker, that modities at the very time that the highly try, thereby providing supplies necessary this year we have the combination, that industrialized nations, including ours, to supplement domestic production and we have found a formula that, when en­ have created increased demands through also automatically adjust imports to the acted into law, will be fair to this Na­ expansion of their economies. Nonethe­ fluctuations of mine and metal produc­ tion, its producers and consumers, and less, should there be a reduction in the tion available for export to the United will, at the same time, be fair to our rate of economic expansion, it would be States by other countries. friends in the community of nations at that very time that foreign producers Those of us introducing this legisla­ whose economy to some extent is de­ would rush to take advantage of the U.S. tion today urge all Members to study it pendent upon exporting lead and zinc to market and once again possibly create and we will welcome expressions of sup­ the United States. the unfavorable conditions that caused port in the form of additional cospon­ In this connection, let me emphasize the domestic lead-zinc mining industry sors who would also introduce this for the record that the national policy to suffer the hardships it did during the legislation. as set forth in the Trade Expansion Act last decade. It is my hope, Mr. Speaker, that the is recognized by many of the supporters The time to assure a continuing flow distinguished chairman of the Commit­ of lead-zinc import legislation as being of necessary lead and zinc is now; and tee on Ways and Means, the gentleman advantageous to the growth of the Amer­ the way to do it is by arrangement for a from Arkansas, the Honorable WILBUR ican economy generally, that many seg­ flexible import quota that will remove D. MILLS, will obtain early reports on ments of the industry supporting this the threat of economic disaster for this legislation from the interested legislation have significant international domestic mines while at the same time executive departments and agencies and trade, and that in my considered opinion assuring foreign producers that they can thereafter schedule hearings on this there is no basic inconsistency between continue shipping to this country at least measure. This is a bipartisan national January 19, 1965 CONGRESSIONAL RECORD - HOUSE project in which we have representation Mr. !CHORD. Mr. Speaker, I have of immediate action by Congress to en­ from the North, East, and South, as well again this year joined the gentleman act import controls in the interest of as the West. I readily admit, however, from Colorado, Chairman ASPINALL, of providing long-term stabilization of the that my interest is heightened by the fact the House Interior and Insular Affairs lead-zinc industry at economic levels fa­ that Colorado has consistently been one Committee, in the introduction of legis­ vorable to domestic producers by the of the five principal States producing lation designed to impose a flexible quota flexible import quota plan presented by lead and zinc from among the 20 States system on imports of lead and zinc to the gentleman from Colorado, Chairman that have produced lead and zinc in sub­ protect the domestic lead and zinc in­ ASPINALL. stantial quantities. New sources of lead dustry from devastating price levels that I strongly urge passage of this legisla- and zinc are being tapped. We reason­ have resulted in the past. tion. · ably anticipate new significant produc­ For more than a decade this industry, Mr. ASPINALL. Mr. Speaker, I ask tion from Kentucky and Maine to main­ so necessary and vital to our Nation's unanimous consent that the gentleman tain the pace and accelerate production national defense, has experienced the from Tennessee [Mr. QUILL.EN] may ex­ to keep in step with the growing throes of a holocaust of cancerous tend his remarks at this point in the economy. genus, which has slowly and constantly RECORD. We must take the necessary legislative been destroying the lifeblood of the lead­ The SPEAKER. Is there objection action at this time to fores tall a recur­ zinc industry, and in its wake, closing to the request of the gentleman from rence of the broad differential that has our own mines and causing great pro­ Colorado? occurred on other occasions resulting in portions of unemployment. In view of There was no objection. uncertainty and economic disaster. the ills suffered by the industry, I think Mr. QUILLEN. Mr. Speaker, I am Mr. ASPINALL. Mr. Speaker, I ask it is time for Congress to take positive joining today in introduction of the Lead unanimous consent that the gentleman action to stabilize and maintain a and Zinc Act of 1965, providing for a from Oregon [Mr. ULLMAN] may extend healthy lead-zinc mining industry. flexible import quota system for these his remarks at this point in the RECORD. The lead-zinc industry has had a series .two metals. · The SPEAKER. Is there objection of ups and downs in the past decade. Conditions in the domestic lead and to the request of the gentleman from The price of lead per pound decreased zinc markets have improved during the Colorado? progressively from $0.179 in 1948 to past year, because of a good rate of con­ There was no objection. $0.092 in 1962. In 1963 the price rose to sumption, that has paced the generally $0.11 and approximately $0.14 in 1964, satisfactory level of our economy. The Mr. ULLMAN. Mr. Speaker, I am in keeping with the trend of the general pleased to rise at this time to associate domestic mining industry is finally ap­ level of our economy, but how long can proaching the point of recovery after a myself with the concept outlined by my this industry endure on the premise of colleague, the gentleman from Colorado, very long spell of reduced and unprofit­ survival by chance? The price is still able operation. Now is the time to con­ the Honorable WAYNE N. ASPINALL, who too low for satisfactory conditions in the has been doing such an outstanding job sider and enact proper import controls industry. Of course, the improvement is to assure long-term stabilization of the as chairman of the House Committee on gratifying, but we must look toward a Interior and Insular Affairs and particu­ industry at operating and economic levels long-term stabilization by improving favorable to domestic producers with as­ larly in discharging the responsibilities trade policies and statutes. of that committee with regard to domes­ surance of adequate metal supplies for The flexible import quota system pro­ United States consumers. tic mining and mineral industries. posed by this legislation is the only im­ For this reason, I am happy to join as For more than a decade the lead-zinc mediate answer to the serious problem. mining industry in the United States has a cosponsor of the Lead and Zinc Act of It is designed as a twofold purpose, to been beset with serious problems and un­ 1965. I, too, subscribe to the thought ad­ help our own domestic producers and to certainty arising from imports of these vanced by my colleague from Colorado to still maintain necessary trade on the metals and ores. During this period the the effect that the flexible quota formula world market. industry has appeared before the U.S. proposed in this import legislation is not How can we continue to justify the in­ Tariff Commission on many occasions, inconsistent with our basic policy under­ action of Congress to the U.S. mines and lying the Trade . Expansion Act. The each time with findings of import injury, producers? In my own State of Missouri, but there still is no intelligent solution fact is that we must assure ourselves of where more than 40 percent of the Na­ to its problems, although these problems continuing adequate supplies of lead and tion's supply of lead is produced, there have repeatedly been demonstrated and zinc, and this can only be accomplished are only 6 mines in operation today, as if we encourage the discovery and de­ recognized. compared to 90 in 1948, 68 in 1950, 18 in A system of absolute quotas was im­ velopment of additional domestic 1955, and 5 in 1960. As the mines have sources. posed on October 1, 1958, but these quotas closed the unemployment rolls have in­ are not an effective instrument to meet It is a source of satisfaction and en­ creased, until today there are hundreds of the problems of the mining and smelting couragement that those of us cosponsor­ men out of work and as many families industries or of the consumers of lead and ing this legislation have been able to with little means of support, causing in­ zinc in the United States. They were set agree on a formula which starts from a calculable damage to the local economy too high to effectively and expeditiously base in which the present quotas are the and adding to the injuries of the in­ correct the situation that called for their minimum and that, therefore, when do­ dustry. imposition in 1958, at a time when metal mestic consumption of lead or zinc in­ Something has to be done and now, not stocks were at extraordinarily high levels creases, we will have a liberalization of next year, is the time. and metal prices were too low for profit­ the import controls permitting addition­ It is my opinion, after much basic re­ able mine operation. Being of fixed quan­ al foreign material to enter the country. search into this matter, that the flexible, tity, they guaranteed to foreign producers The bills that we have introduced to­ adjustable plan proposed by this legisla­ a fixed quantitative participation in the day are fair to all-domestic producer as tion will provide the necessary control to U.S. market, regardless of the level of well as foreign producer, the consuming stabilize the industry and solve the prob­ consumption, thus putting the entire bur­ industries as well as the consuming lems. Through the provisions of the bill den of adjustment during low cycles of public. it will be possible to assure a fair share domestic consumption on the U.S. mines. I urge enactment of this legislation as of the domestic lead-zinc market to the Further, being of fixed quantity, they an important part of our economic domestic industry without disturbing in­ have no flexibility to meet changing levels progress. ternational relations by the flexible, ad­ of consumption, and under some condi­ Mr. ASPINALL. Mr. Speaker, I ask justable quotas. tions such as those prevailing today they unanimous consent that the gentleman There are only 20 States where lead approach the point of being too low. from Missouri [Mr. !CHORD] may extend and zinc mining is in operation today, The underlying conditions that caused his remarks at this point in the RECORD. but the problems I have briefly delineated the 1956-57 debacle have not changed The SPEAKER. Is there objection are important enough to warrant the and in the absence of adequate and ef­ to the request of the gentleman from serious attention of every Member of the· fective import controls will continue as a Colorado? House of Representatives. I cannot ex­ threat to the stability of the U.S. mining There was no objection. aggerate or overemphasize the necessity industry. In fact, the strong trend to 950 CONGRESSIONAL RECORD - HOUSE January 19, 1965 treatment of ores in countries of origin, not cope with the rapid fluctuations in The SPEAKER. Is there objection with a view to selling the metal prod­ U.S. and world price changes experienced to the request of the gentleman from ucts in the United States, has widened during the past decade. This reempha­ Illinois? the threat to stability of the lead-zinc sizes the oft-repeated statement that "a There was no objection. smelting industry in the United States, mine is not a spigot--production cannot Mr. O'HARA of Illinois. Mr. Speaker, and even to the continued existence of be turned on and off at will"-the nat­ it is now 2 years since I stated on this some segments of it. ural factors of geologic occurrence and floor that the Communist threat in Being aware of the deficiencies of the expensive maintenance and replacement Africa came not from Russia but from present quotas and the need for achiev­ of machinery as well as training of man­ Red China. Recent events have shown ing and maintaining reasonable stability power must be considered. the growing seriousness of this threat, in the domestic lead-zinc industry, .I At the present time the absolute quotas and upon that I shall speak at some have joined with Members of the Con­ of 1958 appear too restrictive, but re­ length on a later occasion. gress in seeking a means of curing these moval of these quotas would have little Today I have asked for this time to deficiencies and meeting this need. Dur­ effect, as world market prices are higher comment on this passage from a news ing the 88th Congress we introduced leg­ than ours and some supplies formerly story in the New York Times of January islation for flexible quotas on lead and sent here by our foreign friends are going 14, 1965, on Premier Sato's conversations zinc, based on past experience with the to greener pastures. with President Johnson: Mr. Speaker, the economics of zinc and existing quota plan. The communique said President John­ Import quotas would be determined by lead mining do look better at the present son "emphasized the U.S. policy of firm the relative level of producers' metal time, but we know that other nations support for the Republic of China (on stocks and would consider the interests are already' greatly expanding their Taiwan) and his grave concern that Com­ of the miner, smelter, consumer, and capacity to mine zinc and lead ores and munist China's militant policies and expan­ importer. . ·to increase smelting capacity to refine sionist pressures against its neighbors en­ The domestic lead-zinc industry has these two metals. This exceeds the re­ danger the peace of Asia." been held in uncertainty too long. Main­ liable estimates of an increase in world Mr. Speaker, the column of William tenance and development of the indus­ consumption. White is widely read by discriminating try cannot proceed with confidence un­ It is inevitable that a worldwide sur­ persons in the field . of world affairs. I less the industry can look to the future plus of metal will again occur and this am certain he has spoken truly the mood with assurance that it will not again be can happen within a short period of 1 of the administration and the thinking the victim of unwarranted invasion of the to 3 years. · of the American people. Our interest U.S. market. The flexible quota plan that I am intro­ and the interest of all the free world, in­ Prompt adoption of flexible quota leg­ ducing today, in a bill identical with the cluding Japan, is in free China. Cer­ islation in substantially the form pro­ one i~troduced by the gentleman from tainly trade with Red China, intended to posed by Members of the Congress would Colorado, Chairman ASPINALL, will con­ bolster the economy of those intent on provide this assurance and put to rest trol imports of zinc and lead to necessary our destruction, is not what we would without further unwarranted delay a levels. This plan has been studied hope from a trusted ally. problem that has too long awaited 'solu­ and approved by practically all seg­ It is my hope that the visit of the Jap­ tion. ments of the U.S. mining and smelt­ anese Prime Minister, which was so de­ Mr. ASPINALL. Mr. Speaker, I ask ing industry. Their endorsement is lightfully staged and so promising for unanimous consent that the gentleman made not on self-interest alone but with the future of our two countries, will clear from Kansas [Mr. SKuBITzJ may extend the overr-iding consideration that the up any misunderstanding on the matter his remarks at this point in the RECORD. consumer must have adequate metal sup­ of trade with Red China. True allies, as The SPEAKER. Is there objection plies on a long-term basis and prices true friends, must stand together. The to the request of the gentleman from must be fair and equitable for all con­ strength of the free world in large meas­ Colorado? cerned with a minimum of fluctuation to ure is in the acceptance by all of con­ There was no objection. enable long-term planning by both the certed policies. Mr. SKUBITZ. Mr. Speaker, I repre­ producer and consumer. The flexible I commend President Johnson for sent a congressional district that has quota plan also provides for a fair shar­ making it clear, according to the New been noted for its production of zinc and ing of our markets with the foreign na­ York Times, that our full support is with lead-so important to the growing econ­ tions producing zinc and lead and on an the Republic of China. Trade by our omy of our country. Unfortunately this orderly basis. Stated another way, im­ allies with Communist China could production has dwindled since the mid­ ports will be authorized as needed to scarcely be called compatible. That, I fifties to a small proportion of previous supplement our own ability to produce; trust, wlll be the message carried home annual totals as many mines were forced but, in addition, the plan guarantees the to Japan by the Premier who so charmed to close, with U.S. metal prices driven to importer of zinc and lead a minimum us during his all too brief visit. unprofitably low levels. quota at the level of the present alloca­ These price reductions were caused by tion. As consumption increases, imports may increase. an influx of foreign imports, particularly EQUITABLE AND REASONABLE DI­ during 1956 and 1957 that greatly ex­ The legislation also continues provi­ sions to gradually change allocations VISION OF DEBATE ON CONFER­ ceeded our needs and our ability to as­ ENCE REPORTS similate in the American economy. from those who do not wish to partici­ As a result an absolute quota plan was pate in our markets to those countries Mr. GOODELL. Mr. Speaker, I ask invoked in late 1958 but the damage had desiring a greater share of our consump- unanimous consent to address the House been done. Large metal stocks overhung tion. ' for 1 minute and to revise and extend our markets and kept U.S. prices at the In summary this is a plan that con­ my remarks. unprofitable low levels, previously re­ siders the needs of the miner, the The SPEAKER. Is there objection f erred to, resulting in closure of domestic smelter, and the consumer and the de­ to the request of the gentleman from mines, not only in my district but in sires of the importer. New York? practically all the districts of our 20 The present absolute quota system There was no objection. States providing these metals. should be replaced by the flexible quota Mr. GOODELL. Mr. Speaker, I am Employment in U.S. mines was cut by system for the good of our industry and today introducing a House resolution 60 percent and the value of the products our country. I urge speedy considera­ calling for amendment of rule xxvm mined was cut in half compared to the tion and enactment of this important of the rules of the House to provide for early 1950's. measure ·by the 89th Congress. an equitable and reasonable division of With the current change and improve­ debate time on conference reports. ment in consumption of zinc and lead, PREMIER SATO'S VISIT This House has indicated its concern there is now a tight supply of both met­ Mr. O'HARA of Illinois. Mr. Speaker, for fair treatment of minorities and it als. The mines, lacking any incentive I ask unanimous consent to address the can do no less than to establish fair during the past 10 years to explore, de­ House for 1 minute and to revise and ground rules for the conduct of its own velop, and mine new ore reserves, can- extend my remarks. affairs. January 19, 1965 CONGRESSIONAL RECORD - HOUSE 951 The proposed new paragraph to be in­ spending less money when the fa?t is we OrrINGER, the returned Member of the serted in the rule would read as follows: are spending more. Let the admmistra­ House from said district, of his purpose to tion present to Congress legitimate budg­ contest the election of said RICHARD L. 3. When a motion to disagree to a con­ OTTINGER; and ference report in its entirety has been made, et requests, stated in plain language so it shall be in order, before a final vote is we, and the people we represent, may Whereas it does not appear that said taken thereon, to debate the proposition James R. Frankenberry was a candidate for to have the opportunity to judge all pro­ election to the House of Representatives be voted upon for one-half hour to be given posed programs on their merits and in to debate in favor of, and one-half hour to from the Twenty-Fifth Congressional Dis­ debate in opposition to, such a proposition. their true light. trict of the State of New York, at the elec­ tion held November 3, 1964: Therefore be it The ultimate object of the resolution, Resolved, That the House of Representa­ of course, is to assure the minority of an ANNOUNCEMENT BY THE MAJORITY tives does not regard the said James R. opportunity to state its case on these re­ LEADER Frankenberry as a person competent to bring a contest for a seat in the House and his ports. There can be no question, ~o~e­ Mr. ALBERT. Mr. Speaker, I . ask notice of contest, served upon the sitting over that it guarantees to the maJority unanimous consent to address the House Member, RICHARD L. OTTINGER, is hereby dis­ the immense advantage of an effective for 1 minute and to revise and extend my missed. opposition. Under the rules as they now stand, remarks. Mr. ALBERT. Mr. Speaker, I yield The SPEAKER. Is there objection myself such time as I might consume. conference reports are considered in the to the request of the gentleman from House under the 1-hour rule. The indi­ Mr. Speaker, the purpose of this reso­ vidual Member handling the report can Oklahoma? lution is to dismiss a contest brought move the previous question without There was no objection. against the gentleman from New York yielding to the opposition, effectively Mr. ALBERT. Mr. Speaker, I have re­ [Mr. OTTINGER]. The notice of contest quested this time for the purpose of mak­ was given by letter dated December 19, gagging the minority and cutting off the ing a statement to my colleagues. possibility of constructive and effecti~e 1964 by Mr. James R. Frankenberry, of criticism. There is no way that any mi­ Mr. Speaker, I desire to alert my col­ 40 Woodland Avenue, Bronxville, N.Y. nority views can be incorporated into the leagues that when we adjourn today, we Mr. Frankenberry attempts to initiate conference report. will meet tomorrow at 10:30 o'clock. I this contest under the provisions of Re­ I urge the adoption of the resolution, urge all the Members to be here promptly vised Statutes 105 to 130, as amended, 2 Mr. Speaker, as a matter of equity and because the procession for Members of United States Code 201-226 inclusive. commonsense. the House will leave in a body promptly Mr. Speaker, the House is the ex-elusive at 10: 35 a.m., so that the inaugural judge of the election, returns, and quali­ exercises on the platform at the east fications of its Members under article 1, THE PEOPLE ARE ENTITLED TO THE front might start precisely at 11 o'clock. section 5, of the Constitution of the TRUTH There will be no opportunity for Mem­ United States. bers to join the procession after it leaves Mr. MARTIN of Alabama. Mr. Speak­ The application of the statutes in ques­ the House Chamber. tion is justifiable by the House and by er I ask unanimous consent to address Members must display their official the House for 1 minute and to revise and the House alone-In re Voorhis. 296 Fed­ tickets in order to get a seat on the plat­ eral Report 673. extend my remarks. form. There are no seats available for The SPEAKER. Is there objection Mr. Speaker, under the law and under former Members on the platform. the precedents, Mr. Frankenberry is not to the request of the gentleman from Therefore, former Members may not Alabama? a proper party to contest the election of_ join the procession. the gentleman from New York [Mr. There was no objection. The seats to be occupied by Members Mr. MARTIN of Alabama. Mr. Speak­ OTTINGER]. He is not a proper contest­ of the Senate and House of Representa­ ant within the applicable statutes, be­ er, whether we are in favor of foreign aid tives have no cover. Members are urged or opposed to it, I am sure we are all cause he would not be able, if he were to wear overcoats and take hats to pro­ successful, to establish his right to a seat agreed on one basic fact: Congress and tect themselves from the cold. the people are entitled to the truth as to in the House. The contest involving No children will be allowed upon the Locke Miller and the gentleman from the amount being spent and how it is platform, and there will be no seats ex­ distributed. Ohio, Mr. MICHAEL KIRWAN, in 1941, is cept for Members actually holding tickets directly in point, as reported in the CON­ Following the President's message on for their own seats. foreign aid, great publicity was given by GRESSIONAL RECORD, volume 87' part 1, So, if you expect to be in the proces­ page 101. the White House and the news media sion and get a seat on the platform, you leading us to believe that we would spend The proceedings in the House at that must be in the Chamber at 10:30 a.m. to­ time read as follows: less on foreign aid this year than last. morrow. In fact, the President was quoted as say­ The procession will be headed by the "H. RES. 54 ing his foreign aid request "is the small­ Speaker pro tempore, then the chairmen "Whereas Locke Miller, a resident of the est in the history of the foreign program of committees, and then the other Mem­ city of Youngstown, Ohio, in the Nineteenth since it was started in 1948." bers in order of seniority. Congressional District thereof, has served What are the real facts, Mr. Speaker? notice of contest upon MICHAEL J. KIRWAN, Following the inaugural ceremonies on the returned Member of the House from said Fact No. 1 is that the President's re­ the east front, shuttle buses will be district, of his purpose to contest the election quest for foreign aid funds for fiscal 1966 available at First and Independence Ave­ of said MICHAEL J. KmwAN; and is $130 million more than last year's ap­ nue, between 12:30 and 1:30 to take "Whereas it does not appear that said propriation and $380 million more than Members and their wives to the parade Locke Miller was a candidate for election to the appropriation for 1964. reviewing stands at the White House. the House of Representatives from the Nine­ Fact No. 2: He inserted in his message The buses will also be available to bring teenth Congressional District of the State of a separate request for an additional $750 Members back to the Capitol after the Ohio, at the election of November 5, 1940, million for aid to Latin America. but was a candidate for the Democratic nom­ parade. ination from said district at the primary Fact No. 3: He said the amount asked election held in said district at which for the Vietnam operation may not be MICHAEL J. KIRWAN was chosen as the Demo­ enough, and he is· requesting st.andby DISMISSAL OF CONTEST OF ELEC­ cratic nominee: Therefore be it authorization to appropriate additional TION OF RICHARD L. OTTINGER "Resolved, That the House of Representa­ money if necessary. Mr. ALBERT. Mr. Speaker, I call up tives does not regard the said Locke Miller Fact No. 4: There is already on hand a privileged resolution which is at the as a person competent to bring a contest for $6.5 billion in unexpended funds, money Clerk's desk. a seat in the House and his notice o1'. con­ previously appropriated by Congress, but test served upon the sitting Member, The Clerk read as follows: Mici-iAEL J. KIRWAN, is hereby dismissed; and not yet spent. H. RES. 126 no petition or other paper relating to the Mr. Speaker, it is not fair to the people Whereas James R . Frankenberry, a resident subject matter contained in this resolution of the United States to present budget of the city of Bronxville, New York, in the shall be received by the House, or enter­ requests in terms of juggled figures and Twenty-Fifth Congressional District thereof, tained in any way whatever." statements which make us believe we are has served notice of contest upon RICHARD L. The resolution was agreed to. 952 CONGRESSIONAL RECORD - HOUSE January 19, 1965 A motion to reconsider was laid on the will in effect declare that only a candi­ Indeed I read with interest his remarks table. date for the office of U.S. Representative appearing in the RECORD of yesterday, Mr. Speaker, the issue in the case may contest the election of a Congress- page 797. I am sure he is a fine person, brought by Locke Miller and the notice man. ' but the issues involved in considering filed by Mr. Frankenberry are identical The gentleman from New Hampshire this resolution transcend such consider­ except that in the former case Locke [Mr. CLEVELAND] will follow me with a ation. Miller had been a candidate for the dis­ long series of precedents to the con­ The case for the resolution which has puted office in the primary. The statutes trary. been offered by the distinguished ma­ under which this proceeding is initiated This is the case where it has been al­ jority leader is set forth in detail at page do not provide, and there is no case on leged, and apparently reports have been 795 of yesterday's RECORD. I do not record that we have been able to find to made, that something close to $200,000 know the gentleman who wrote this let­ the contrary, that a person not a party to was spent in the campaign, a very large ter, Mr. H. Newlin Megill, but I respect­ an election contest is eligible to challenge part of that sum by members of the fully submit that when he states the an election under these statutes. family of the candidate. precedents are all his way I believe him Clearly under the precedent to which I do not dispute the majority leader's to be incorrect. I have made reference, Mr. Frankenberry statement that the House of Represent­ I turn, first, to the RECORD for the is not a contestant for a seat in the House, atives is the exclusive Judge of the qual­ first day of our session, page 17, and I and his contest should be dismissed. ifications of its Members, but the Cor­ wish to quote the distinguished majority Therefore, Mr. Speaker, I urge adop­ rupt Practices Act provides specifically leader who was then speaking in refer­ tion of the resolution. for the taking of depositions and testi­ ence to seating the Mississippi delegation. mony which can be submitted to the He said: Mr. Speaker, at this time I yield 2 min­ House Committee on Administration. utes to the gentleman from New York Any question involving the validity of [Mr. 0oODELL]. That procedure was being followed this the regularity of the election of the Mem­ morning in the New York State Supreme bers in question is one which should be dealt Court where one of our Members was with under the laws governing contested CALL OF THE HOUSE subpenaed to appear and testify to these elections. facts. But he did not appear. This reso­ Mr. ARENDS. Mr. Speaker, I make lution would in effect cover up this whole I agree with the majority leader, and the point of order that a quorum is not situation, and it would wipe this out be­ I believe his statement at page 17 of the present. fore the House. RECORD above quoted properly sets forth The SPEAKER. Evidently a quorum Mr. Speaker, it is clear that the elec­ the law pertinent to this matter. is not present. tion laws of this country are fast be­ Let us turn to the law itself, the law Mr. ALBERT. Mr. Speaker, I move a coming a national disgrace. Certainly that is given out to the general public, call of the House. the House today should handle this kind the law which was read by distinguished A call of the House was ordered. of a matter in a dignified, thorough, and counsel from New York, and the law The Clerk called the roll, and the fol­ eminently fair manner. I would hope, which was acted on in good faith in this lowing Members failed to answer to their therefore, that the House will defeat this present case. Here it is expressed in names: ' resolution and that the matter will then plain and precise language that all can [Roll No. 5] go to the House Administration Com­ understand-2 U.S.C. 201: · Anderson, Grabowski O'Hara, Mich. mittee for proper and deliberate action Whenever any person intends to contest Tenn. Gray O'Neal, Ga. where the facts may be presented and an election of any Member of the House of Ayres Grover Pirnie Representatives of the United States he Baring Harsha Poff where we may consider whether the Battin Harvey, Ind. Powell Member should actually in this case be shall- Belcher Hebert Randall Blatnik Holland Reid,N.Y. seated permanently. And so forth. "Any person." It does Bolling Hosmer Reifel There are many precedents with refer­ not say a candidate only. Bolton Hull Reuss . ence to the campaign contributions and Let us look at the policy established Bow !chord Roncalio Burton, Utah Jarman Roosevelt excessive expenditures where the House by the House Committee on Administra­ Cahill Jones, Ala. Saylor has denied a Member a seat. .Certainly, tion and the special committee that Callaway Kelly Shipley whatever our party, we must recognize handles these matters, and I quote from Casey King, N.Y. Sickles in this kind of a situation that the repu­ Chamberlain Kirwan Staggers the Union Calendar No. 839, House Re­ Clancy Landrum Stalbaum tation and dignity of the U.S. House of port No. 1946. This is the language of Clausen, Leggett Steed Representatives is involved. We should the committee of the House at page XVI: Don H. Lindsay Stephens see to it that a full and complete hear­ Collier Long, La. Teague, Calif. In order to avoid the useless expenditures Corbett Long, Md. Thompson, La. ing is held. Of funds and the loss of time by the com­ Craley McDowell Thompson, Tex. I ask that the Members give particular mittee and the staff, it has been decided by CUrtis Macdonald Toll attention to the remarks of my colleague the committee to conduct investigations of Davis, Ga. Mackay Tuck particular campaigns only upon receipt of Devine Mailliard Tupper from New Hampshire [Mr. CLEVELAND], Diggs Martin, Mass. Van Deerlin who will go into the details of this situa­ a complaint in writing and under oath by Dwyer Martin, Nebr. Watkins tion. any person, candidate, or political commit­ Edwards, Calif. Mathias Watson tee, containing sufficient and definite allega­ Ellsworth May Weltner Mr. ALBERT. Mr. Speaker, I yield tions of fact to establish a prima facie case Erlen born Michel White, Idaho 10 minutes to the gentleman from New requiring investigation by the committee. Everett Mills Willis Hampshire [Mr. CLEVELAND]. Farbstein Minshall Wilson, Bob Mr. CLEVELAND. Mr. Speaker, I ask Here it is specifically spelled out that Fino Morrison Wright Fisher Morton Wydler unanimous consent to revise and extend it can be any person, candidate, or po­ Fraser Nelsen my remarks and include extraneous litical committee. The SPEAKER. On this rollcall 334 matter. I might add in connection with this Members have answered to their names, The SPEAKER. Is there objection same thought that this matter was re­ a quorum. to the request of the gentleman from f erred to that committee last Decem­ By unanimous consent, further pro­ New Hampshire? ber, but that committee did not have time There was no objection. to act on this matter. In Mr. Davis ceedings under the call were dispensed Mr. CLEVELAND. Mr. Speaker, the with. of Tennessee's last report he transmitted manner in which I became interested and the matter of the ottinger contest to The SPEAKER. The gentleman from concerned regarding this case is set forth New York [Mr. GOODELL] is recognized in some detail in the House RECORD at the Clerk of this House and respectfully for 2 minutes. page 39. I will not restate the details asked to put before the Committee on of how I became interested in this mat­ House Administration the protests of ter at the present time, but I do wish to James R. Frankenberry-see page VI. DISMISSAL OF CONTEST OF ELEC­ say that I have nothing personal against Mr. GOODELL. Mr. Speaker, will the TION OF RICHARD L. OTTINGER the gentleman from the 25th District of gentleman yield? Mr. GOODELL. Mr. Speaker, the New York. It is simply a matter of the Mr. CLEVELAND. I yield to the gen­ privileged resolution before the House issues involved. tleman from New York. January 19, 1965 CONGRESSIONAL RECORD - HOUSE 953 Mr. GOODELL. Is it not a fact that made against the election of a Member by Since that time the House has on occasion the gentleman has briefs from the Con­ anyone other than a candidate. Thus in authorized the investigation of an election by Paine on "Elections" we read: a House committee on petition of a non­ gressional Library which cite a series of "A case adjudicated in the house on the candidate, most recently in connection with precedents in which noncandidates have protest of an elector, or other person, or the election of Dale Alford to a seat from contested House seats, in which full in­ on the motion of a representative. Is not an Arkansas in 1958. (See committee print, "In­ vestigations have been had by the House action inter partes. It is a proceeding under vestigation of the Question of the Final Right Committee on Administration, and that the constitution, and not under the statute. of Dale Alford to a Seat in the 86th Congress perhaps the most prominent one that In that proceeding there is no contestant to Pursuant to House Resolution 1, July 28, comes to the mind of all of us is the case serve the notice of contest prescribed by the 1959.") There are at least two additional of statute; there are no parties to serve notices precedents, however, which indicate that it our former colleague Brooks Hays, in to take depositions, or to examine or cross­ would be unsafe for the noncandidate to rely which his opponent did not contest it examine witnesses; no parties who have it in solely on a petition to the House and suggest but an individual was contesting it, and their power, by their acts, omissions, stipula­ that he should also proceed under the provi­ a full investigation was made by the tions, admissions, waivers, or laches, to dis­ sions of the statute. House Committee on Administration. pose of the questions and interests involved; Five months after an election in South Mr. CLEVELAND. The answer is yes. no parties into whose hands the law intrusts Carolina in which none of five candidates in­ I have two briefs prepared by the Library the fate of the controversy. In that proceed­ stituted a contest, the mayor of Charleston of Congress. Both of these briefs will be ing there is no contest, or deposition inter who was not a candidate filed charges with partes, or stipulation inter partes, in the the House alleging violations of the Federal inserted in the RECORD under my general sense of the provisions of the revised and State corrupt practices acts, in promis­ right to include extraneous matter. I statutes. To that proceeding the provisions ing Federal offices and in the receipt and ex­ will discuss briefly these two briefs. of the revised statutes have no applicability. penditure of large sums of money for which Mr. KEOGH. Mr. Speaker, will the Those provisions are framed clearly and dis­ no accounting was made, and prayed that gentleman yield? tinctly for actions inter partes." (Halbert E. the charges be investigated and if substan­ Mr. CLEVELAND. I yield to the gen­ Paine. "A Treatise on the Law of Elections," tiated that the House expel the successful tleman from New York for a question. pp. 837-838, Washington, D.C., 1888.) candidate. The report of the committee to Despite the logic in the observations of which the petition was referred held that the Mr. KEOGH. The gentleman men­ Paine, the language of section 201 is broad m ayor had been guilty of laches in not in­ tioned the contest with regard to Brooks enough to embrace challenges made by any stituting a proceeding to contest the seat. Hays. Was not tha·t an investigation person as well as by a candidate who seeks The mayor "could, and we think should, have that was under a special resolution of a seat and there are precedents which indi­ filed a protest in the nature of a contest and the House Committee on Administration cate that the statute was intended to be in­ within the time prescribed by the statute. and not under the general law regarding terpreted broadly. Had he fil~d his contest within the time pre­ the matter of elections? The answer is An interesting discussion on the intent of scribed by the statute, a method of taking yes or no. Was not the Brooks Hays the statute took place on the floor of the testimony would have been provided for and House in connection with a Maryland elec­ the sitting Member would have been given an contest a special resolution adopted by tion. Within 30 days, as required by the opportunity to have known the nature and the House, and it was not under the gen­ statute, a defeated candidate served notice cause of the accusations, the right to answer eral laws regarding contested elections? on a sitting Member. Before any evidence thereto, and to examine and cross-examine Mr. CLEVELAND. I will answer the was taken, however, the defeated candidate the witnesses" (cited in 6 Cannon, sec. 78). gentleman's language and not yield fur­ also petitioned the House to investigate the The House adopted the committee's recom­ ther. election on the ground that it had been car­ mendation that the charges filed be dis­ The contested election was not brought ried out by fraud and violence. In his peti­ missed. by Brooks Hays. It was brought by a tion, he emphasized that he was not claim­ In another case there was some question ing the seat for himself but sought rather to about whether a notice of contest had been gentleman from Arkansas by the name have the House investigate his allegations of served within the 30 days required by the of Mr. John F. Wells. I will not yield fraud and violence and conclude that no statute. The committee held, however, that further. valid election had taken place. His petition the notice had been filed in time but that it These two briefs from the Congres­ was endorsed by several reputable citizens was defective because it failed to allege that sional Library, which will appear here­ of the district. The petition was considered the claimant was a candidate for Congress, or after in the RECORD, both state that not by the Committee on Elections and the ma­ a voter in the district, or that he had any only a defeated candidate but any person jority of the committee found no reason for interest in the result of the election (6 Can­ extraordinary action by the House and, while non, sec. 97) . may institute such a contest under the conceding that the House had the power to The precedents would seem to indicate not contested-elections law. take such action despite the statute, recom­ only that a noncandidate may but will some­ The two briefs are as follows: mended that the petitioner be required to times be required to follow the procedures THE LIBRARY OF CONGRESS, proceed with the taking of testimony under set forth in the statute. Washington, D.C., December 23, 1964. the procedure set forth in the statute. They VINCENT A. DOYLE, [Provided at the request of Mr. CLEVELAND] agreed that this was not a personal contest Legislative Attorney. of an election ·but rather a popular remon­ From: American Law Division. strance of its validity. Subject: House of Representatives Election THE LIBRARY OF CONGRESS, Contest: Must a noncandidate proceed The minority considered that the statute Washington, D.O., December 8, 1964. under 2 U.S.C. 201? was intended to apply only to a personal [Provided at the request of Mr. CLEVELAND] contest initiated by one claiming a seat and Section 201 of title 2 of the United States From: American Law Division. Code provides that whenever any person in­ that the appropriate remedy was to give the Committee on Elections the power to send Subject: Challenges to seating Members of tends to contest an election he must give the House of Representatives. notice in writing of his intention to contest for persons and papers, etc., in order to in­ vestigate· the election. Reference is made to your request for ma­ to the Member whose seat he intends to terial on challenging a Member-elect's right contest. The notice must specify the · One of the most telling arguments against to his seat in the House. Enclosed is a copy grounds on which he intends to rely and the minority contention that the statute was of a memorandum of September 17, 1964, on must be given within thirty days of the date intended to apply only to one claiming a the subject. on which the result of the election is deter­ seat was made by Mr. Washburn, of Maine, Additional information as requested, is as mined. Subsequent sections require the immediately before he moved the previous question: follows: Member to answer the notice within thirty 1. Copy of, "Recent Cases in Which a Mem­ days of service, set forth the procedures for "If it [the minority contention] be right, ber-elect of the House of Representatives taking testimony, and require that all testi­ then an individual who contests a seat has Was Asked To Stand Aside Until His Con­ mony be taken within ninety days from the only to get some friend to send in a memo­ tested Election Has Been Investigated," day on which the answer is served on the rial making a contest for him, and the House Mollie z. Margolin, American Law Division, contestant. must order the testimony to be taken at the December 30, 1958. Perhaps the first observation to make expense of the Union, and to be brought here 2. Copy of Record of House Contested-Elec­ about these provisions of the Code is that outside the law of 1851" (which is now em­ tion Oases, 73d Congress (Mar. 9, 1933) they in no way limit the authority of the braced in 2 U.S.C. 201-226). through 85th Congress (Aug. 30, 1957). House under its constitutional power to be The proposition of the minority was dis­ 3. Copy of Record of House Contested-Elec­ the judge of the elections, re·turns and quali­ agreed to and the House adopted the reso- tion Cases, 1951-60. fications of its own Members. The House 1u tion of the majority "that it is inexpedi­ 4. Copy of pages 9364-9365 of No. 81 CON­ can and frequently does ignore these statu­ ent to grant the prayer of the memorialist GRESSIONAL RECORD, August 19, 1937, listing tory requirements. for the appointment of a committee to take House contested-election cases from 1907 to Perhaps the second observation to make testimony." (Debate reported in the Con­ 1937. is that some authorities consider these statu­ gressional Globe, 35th Con., 1st sess. at pp. 5. Copy of "Cases of Congressmen Who tory provisions inapplicable to challenges 725-735, 745-746, Feb. 16-17, 1858.) Were Admitted to Membership While Not 954 CONGRESSIONAL RECORD - HOUSE January 19, 1965 Possessing Constitutional Qualifications," Baker had not received a majority of the Members-elect to be appointed to committees Legislative Reference Service, 1942. votes. The committee dismissed the case for before taking the oath (see, Hinds', supra, 6. Copy of Resume of House Contested­ lack of evidence. vol. IV, sec. 4477; sec. 4479, 59th Cong., 1905; Election Cases, 40th Congress (1867) to 51st 6. First Congress, case of New Jersey Mem­ 4489, 59th Cong., 1905; 4481, 57th Cong., 1902; Congress (1891), Legislative Reference serv­ bers, 1789 (Clarke and Hall, "Cases of Con­ 4482, 57th Cong., .1903), and they may even ice, 1941. tested Elections," U.S. House of Representa­ be appointed to chairmanships (Representa­ In addition to the foregoing, further in­ +,ives, 1789, 1834, p. 38). Petitions from sun­ tive Melville Bull, of Rhode Island, as chair­ formation includes--- dry citizens of New Jersey complaining of man of the Committee of Accounts, 57th (A) Instances of initiation of contested­ lllegality in the election of the New Jersey Cong., 1902, IV Hinds', sec. 4481), but they election cases in the House by others than Members to Congress were received, as well cannot vote until sworn in (Hinds', supra, the contestant: as petitions favoring the validity of the elec­ vol. IV, sec. 4477). 1. While there is no explicit statutory au­ tion. It was determined that all Members (D) Exclusion of Member-elect before he thority or rule of the House relating to the were entitled to their seats. is given the oath: The House has deter­ initiation of contested election cases by 7. Fourth Congress, Pennsylvania case of mined that it can vote, by majority vote, others than a defeated candidate, the House John Swanwick, 1795 (Clarke and Hall, supra., to exclude a Member-elect, before he has has long recognized this practice. In the p. 112). Petitions of citizens and electors of taken the oath where he might have been South Carolina case of Richards. Whaley, in Philadelphia were received complaining of guilty of the violation of a criminal statute, the 63d Congress (1913), the House Com­ the election of John Swanwick: The House or of disloyalty, even though he might pos­ mittee on Elections, No. 1, described, in its seated Swanwick upon a failure to support sess the constitutional qualifications (see report, the four instances in which the House the allegations contained in the petition. case of Brigham H. Roberts, 56th Cong., could consider contested-election cases. The 8. Eighty-sixth Congress, Arkansas case of 1899, charged with polygamy, Hinds', supra, committee stated (Cannon's Precedents of Dale Alford, 1959 (committee print, Subcom­ vol. I, secs. 474-480); see also the case of the House of Representatives, vol. VI, sec. 78, mittee on Elections, Committee on House Ad­ B. F. Whittemore, of South Carolina, who on p. 111): ministration, July 28, 1959, p. 3, letter of being reelected to the same House from "(a) The House may adjudicate the ques­ John F. Wells, of Little Rock, Ark., Dec. 3, which he had resigned to escape expulsion tion of the right to seat in either of the four 1958, complaining of irregularities in write­ for bribery, was excluded from taking the following cases: in votes and use of stickers in the election of oath and his s·eat (Hinds', supra, vol. I, sec. " ( 1) In the case of a con test between the Dale Alford). The House seated Mr. Alford 464, 41st Cong., 1870; see also, ch. XV of contestee and the returned Member of the on September 8, 1959 (H. Rept. 1172). Hinds', vol. I). House instituted in accordance with the pro­ Also to be noted, is the statement by the (E) Instances involving questioning of visions of law. House Committee on Elections, in the case prlma facie credentials: Although the House " ( 2) In the case of a protest or memorial of Reeder v. Whitfield, 34th Congress, March generally does not refrain from ordering the filed by an elector of the district concerned. 5, 1856 (D. W. Bartlett, "Cases of Contested oath to be administered, where credentials " ( 3) In the case of the protest or memorial Elections in Congress," 1834-65, pp. 189- indicate a prima facie election of a Member­ filed by any other person. 190) in which the committee referred to the elect (see attached memorandum), it has "(4) On motion of a Member of the power of the House to initiate election in­ declined to admit on prima facie showing House." vestigations on its own; "this House needs where elections and credentials appeared In this particular case, the protest was no parties in court, or names in the record, defective. initiated by the mayor of Charleston, who to guard its own rights and privileges; nor In the 38th Congress, in 1863, the adminis­ filed charges of the violation of the Federal any extrinsic action to quicken it in the ex­ tering of the oath was postponed in the case and State corrupt practices acts, some 5 ·ercise of the exclusive power to judge of the of three Members-elect from Louisiana months after the election. The committee election, returns, and qualifications of those (A. P. Field, Thomas Cottman, and Joshua held that since the protest had not been filed who claim seats on this floor; and they may Baker) on the ground that their credentials within 30 days after the determination of the institute, and often have instituted, investi­ had been signed by a possibly specious Gov­ result of the election as required by law (2 gations of. the rights of Members to seats, ernor and that no pretense of an election U.S.C. 201) the matter was not one of an elec­ without any contestant at all. It is not only had ever been held (Hinds', supra, vol. I, tion contest but of the expulsion of a Member their right, but their duty, to see that no one sec. 589). for ineligibility. shall occupy a seat on this floor whose title In another instance, where the credentials The case was dismissed for lack of proof is imperfect, and to investigate of their own of a Member-elect indicated that he had of the charges. notion, whenever there ls reasonable doubt been elected before the resignation of his 2. Nineteenth Congress, Pennsylvania case cast upon the case." predecessor took effect, objection was made of John Sergeant, 1828 (Hinds' "Precedents of (B) Right of Member-elect to vote prior and the oath was not administered until the House of Representatives,'' vol. I, sec. to procedure for administering the oath. new credentials were produced (Hinds', 555). A tie having resulted at the general Since the status of all Members-elect ls supra, vol. I, sec. 596, Representative Conner, election, a second election was held in which similar at the start of a Congress, all may of Iowa, 56th Cong., 1900). Sergeant was the winner. Citizens presented participate in the vote for the Speaker and The House, at times, has denied the oath memorials purporting to show that Sergeant's before the oath is administered generally by to two persons who appeared with conflict­ opponent had won the first election, but the the Speaker (see instance reported in the ing credentials which cast doubt on the memorials were dismissed on the theory that 16th Cong., Hinds', supra, vol. I, secs. 2 and 4, right of either to the seat (see, Hinds', supra, whatever rights the parties had acquired as 1820). vol. I, sec. 459, Georgia case of Wimpy and a result of the first election had been volun­ In one instance, those who had not been Christy, 40th Cong., 1868). But, where two tarily relinquished. Sergeant was admitted sworn in with the other Members-elect, but claimants have credentials in apparently due to his seat. had been asked to stand aside, were per­ form, the House has directed the administra­ 3. Fourth Congress, Massachusetts case of mitted to vote on the previous question in tion of the oath to the one whom the Clerk Joseph Bradley Varnum, 1796 (Hinds', supra, respect to a motion to refer their credentials had enrolled (Hinds', supra, vol. I, sec. 613, vol. I, sec. 763). In February 1796, me­ to the Committee on Elections (Hinds', Oregon case of Shiel v. Thayer, 37th Cong.• morials were presented from sundry citizens supra, vol. I, sec. 142, 41st Cong., 1869) . 1861). and electors of the Second District of Massa~ However, the names of Members-elect who ROBERT L. 'TIENKEN, chusetts complaining of the "undue elec­ have not been sworn in are not entered on Legislative Attorney. tion and return" of Joseph B. Varnum and the roll from which the yeas and nays are Mr. Speaker, the briefs make it clear saying that the seat be declared vacant. called for entry on the Journal (see, Hinds', The House, accepting a report that charges of supra, vol. V, sec. 6048, 59th Cong., 1906). that not only can a noncandidate con­ lllegal voting were unfounded, seated In this situation, the Speaker distinguished test under the contested elections law Varnum. between the organization of the House from but, if he fails to do so, he does so at his 4. Twenty-sixth Congress, Pennsylvania the Clerk's roll, by statute (2 U.S.C. 26) peril. · case of Ingersoll v. Naylor, 1839 (Hinds', wherein all Members-elect who are listed on Mr. GOODELL. Mr. Speaker, will supra, vol. I, sec. 803) . In December 1839 the the Clerk's roll may participate, and the the gentleman yield? House decided that as between two cla.iman ts state of events after organization and ad­ to to a seat from Pennsylvania, that Naylor ministration of the oath whereby the yeas Mr. CLEVELAND. I yield the should be seated. In late January 1840 a and nays are called pursuant to the Consti­ gentleman. petition of citizens and electors from the tution. In the latter case, when the House Mr. GOODELL. I wonder if the gen­ Pennsylvania district was presented com­ has been organized, the roll contains only tleman from New York would, in the plaining of fraud and illegality in the elec­ the names of those who have taken the light of his comments, agree with them tion of Naylor. The House, after an investi­ oath. Since such Members-elect are not en­ to support a resolution to have such an gation, accepted the report of the committee tered on the rolls, they are not counted in investigation in this case. seating Naylor. the determination of a quorum (see Can­ 5. Twenty-eighth Congress, Massachusetts non's "rrecedents of the House of Repre­ Mr. KEOGH. That point obviously is case of Osmyn Baker, 1840 (Hinds', supra, vol. sentatives," vol. VIII, sec. 3122, 63d Cong., not relevant here. I, sec. 808). In February 1840 a memorial was 1913). Mr. GOODELL. It seems to me it is presented from citizens and electors of the (C) Other rights of Members-elect before awfully relevant. We want to have the Sixth District of Massachusetts alleging that taking the oath: The House has permitted facts brought out. January 19, 1965 CONGRESSIONAL RECORD - HOUSE 955 Mr. KEOGH. The issue here is simply So what we are doing if we adopt this in this House, if the contest were brought that the House will abide by the very resolution is slamming the door shut for in due time. clear precedents governing this kind of all time on this particular case. Whether I wish to quote from the statute. I situation. this House wishes to do that is up to the have already quoted from the precedent Mr. CLEVELAND. Mr. Speaker, I House. Certainly I will respect the will of the Kirwan case. I say to the gen­ have not yielded to the gentleman from of the majority but I am sure that every tleman that it was intended that this New York. Member, including the Member from the case be limited to those who participated Mr. KEOGH. The gentleman from 25th District, must feel that this matter in the election, to one of the candidates New York asked me a question and should be at least be considered by a in the election. yielded to me. committee and that there should be full I will read the last section, section 226 Mr. GERALD R. FORD. Mr. Speak­ and free discussion of it. The com­ of title 2 of the United States Code, re­ er, will the gentleman yield? mittee might well come back with a find­ lating to the matter of getting financial Mr. CLEVELAND. I yield to the ing that completely exonerates the gen­ help. gentleman. tleman in question. If, indeed, the com­ This is what the section says: Mr. GERALD R. FORD. First let mittee should so find that is fine, but I No contestee or contestant for a seat in me say I am very grateful for the time do not think we ought to slam the door the House of Representatives-- put in on this matter by the gentleman shut at this time before a committee has What does that mean-"contestant for from New York [Mr. GOODELL] and the even had an opportunity to consider it, a seat in the House of Representatives"? the parties heard and the evidence pre­ gentleman from New Hampshire [Mr. shall be paid exceeding $2,000 for expenses CLEVELAND]. I think they have gone into sented. in election contests. the matter sufficiently to indicate very The SPEAKER. The time of the gen­ clearly that our election laws on the Fed­ tleman has expired. I say that the Congress never intended eral level need a thorough analysis. Mr. ALBERT. Mr. Speaker, I yield to give unqualified authority, pellmell, Much time has passed since the enact­ myself such time as I may require. under this statute, to individuals, to good ment of existing legislation and it seems Mr. Speaker, the most important issue people or to bad people, to contest any to me that it is very pertinent for us to here is to understand just what proce­ Member's seat, for good reason or other­ update these laws to take into considera­ dures may be used and under what cir­ wise. tion conditions that have developed over cumstances and by whom. I say that this statute, which places a the years in cases coming before the In this case, if we followed the recom­ burden on the contested Member, is one House such as those that have been dis­ mendations of the gentleman from New which should be narrowly construed and cussed here today. I would strongly urge Hampshire, we would be opening up to which was narrowly construed in the such action be taken by the House and by anybody or to any number of individuals, Kirwan case. the other body during this session of the for valid or for spurious reasons, the I read from a letter of December 21, Congress. right to proceed under these statutes, to written by Mr. Frankenberry to the dis­ Mr. CLEVELAND. I wish the Mem­ contest the election of any Member of tinguished chairman of the Committee bers to know before they vote on this the House. These statutes place bur­ on House Administration: resolution that the second of the afore­ densome obligations on any contestee This is to advise that I will proceed under certain sections of the statute. Service sub­ said briefs provided me by the Library of and should not be construed to open up penas will demand the production of all rec­ Congress not only states that it is clear the opportunity for just anyone to harass ords of expenditures, checks, drafts, pledges, that the House has long recognized the a Member of Congress or to impede the and so forth, insofar as gifts are concerned, practice of permitting a noncandidate to operations of the House. as well as the nature, manner, and purpose bring one of these actions under the con­ Other remedies are available to the of all expenditures relating to the Ottinger tested elections law, but it then cites public generally and to Members of the campaign. eight specific cases-eight specific cases House. Any individual or any group of Mr. Speaker, any Member can be re­ where this was permitted. individuals has a right to petition the quired by anybody anywhere in the Time will not permit me to read you Congress of the United States. Any country, if the position of the gentleman all the cases cited but I will tell you this, Member of the House has a right to in­ from New Hampshire and the gentleman and it is very important: One of these troduce a resolution at any time, calling from New York is followed in the use of cases came up in a situation where a non­ for the investigation of any election. In this statute, to be placed under such a contestant had not proceeded under the the ordinary course of events, such a res­ burden. This statute should, I repeat, contested elections law and he was olution would be referred to the Com­ be narrowly construed, as it was nar­ thrown out of court, so to speak, because mittee on House Administration, and rowly construed, and as the language he had failed to proceed under this law. thereafter to the Subcommittee on Elec­ which I have read indicates it is to be In other words, if you do not proceed un­ tions, for proper investigation or hear­ construed. Otherwise, I repeat, any in­ der this law, you may be thrown out. ings, as that committee or as the House dividual or group of individuals, for good Here was the reason behind that, and I might deem necessary .under the cir­ reason or bad, could tie up every Mem­ think this will interest the Members. cumstances. ber in the House of Representatives by I quote from my first brief on page 4: What this statute provides-and I say requiring every Member to answer to One of the most telling arguments against it refers to the defeated candidate-is subpenas, to submit evidence, to call wit­ the minority contention that the statute that prior to going to the House any de­ nesses, to examine witnesses, and what­ was intended to apply only to one claiming feated candidate may go before any not. If this were allowed it would im­ a seat was made by Mr. Washburn of Maine court, mayor, or other official mentioned pede the legislative process and interfere immediately before he moved the previous in the statute, obtain evidence, have sub­ question. I quote Mr. Washburn of Maine, with this House in the performance of its "If it (that is the minority contention) be penas issued, call in witnesses, and ob­ duties. right then an individual who contests a tain documents; all this ultimately to be This was never intended by this stat­ seat has only to get some friend to send in referred to the Clerk of the House for ute. There is nothing within the action a memorial making a contest for him and disposition by the House. which we are taking today which pre­ the House must order testimony to be taken Further than that, to construe this vents any Member, as was done in the at the expense of the Union, and to be statute as the gentleman from New York Hays case, from filing a resolution and brought here outside the law of ~851 (which would have us construe it would enable having it submitted to the Committee on is now embraced in 2 U.S.C. 201-226). a Member to be challenged by any num­ House Administration for investigation The rationale behind this was that ber of individuals, one challenging on or for hearings. There is nothing in the under the contested election law the con­ one ground and another on another, one resolution which I have offered today testant bears the expense of the whole on the ground of citizenship or residence, which will prevent any Member of this matter of taking depositions and gather­ another on the ground of excessive cam­ House from doing that or which will pre­ ing testimony. That is the reasoning paign expenditures, and so on ad in­ vent any number of electors from the behind it. That reasoning clearly speci­ finitum. 25th U.S. Congressional District or any fies the fact that this law not only can If the contention of the gentleman is citizens therein from petitioning the be used by a noncontestant but it indeed correct, there is no limit to the number Congress to proceed with an investiga­ must be used. of individuals who could contest any seat tion. The question here is should we 956 CONGRESSIONAL RECORD - HOUSE January 19, 1965 give the powers conferred by this statute, section that specifically says any person olution at any time; nobody questions to any one but a candidate for a seat in can contest an election. Actually my that. the House? Surely, we would not do that position is as I have said earlier the The gentleman undertakes to separate when there are other methods of pro­ same as expressed in connection with the the section dealing with limitations of ceeding under election praC'tices, laws, Mississippi case by the distinguished ma­ expenses of contests from other sections and customs, such as by memorial, peti­ jority leader. in the law. If I understand him correct­ tion, or resolution. Certainly Mr. Frank­ The SPEAKER. The time of the gen­ ly he thinks a contestant under that enberry has neither under the law nor tleman from New Hampshire has expired. section must have been a candidate the precedents the right without pre­ Mr. ALBERT. Mr. Speak.er, I yield whereas in other sections he need not vious action by this House to proceed such time as he may desire to the gen­ have been. I do not follow this argu­ under the statute to which the gentleman tleman from Texas [Mr. BURLESON]. ment. For instance, under title II, makes reference. Mr. BURLESON. Mr. Speaker, the United States Code, section 206, we find Mr. CLEVELAND. Mr. Speaker, will distinguished majority leader has clear­ this language: the gentleman yield me 5 minutes to ly, and I think beyond reasonable doubt, When any contestant or returned Mem­ answer his remarks? stated the precedents and statutes cor­ ber is desirous of obtaining testimony re­ Mr. ALBERT. I will yield the gentle­ rectly and as they have been applied specting a contested election- man 2 minutes, because I want to yield historically by this House of Represent­ atives. Now, even though we talk about Certainly the plain inference here, it to other Members. seems to me, is that the contestant is Mr. CLEVELAND. Mr. Speaker, the the construction of the statutes in their someone who is trying to get a seat which remarks of the· distinguished majority narrow sense and the precedents which he lost or which purportedly he lost in leader are, of course, persuasive, but the are involved, there are other fundamen­ tals involved. Incidentally, I believe the an election. fact remains that the precedents that Mr. GOODELL. Mr. Speaker, will the .were ci.ted in my brief are clearly against precedents, if the gentleman from New gentleman yield? him. I think the membership should Hampshire will observe, hold in some, Mr. ALBERT. I yield. realize this. If a distinguished New if not all, cases, in which the contest was Mr. GOODELL. Mr. Speaker, it seems York lawyer such as Mr. Kiendl, who brought by a third party, that the con­ to me that what the gentleman is saying advised Mr. Frankenberry on this mat­ testant be seated instead of a Member is that the brief from the Law Reference ter, read this law as he did, and pro­ who by this House had been permitted Service is completely wrong in saying ceeded as he did, and if the Library of to take a seat temporarily. that there are all these precedents for Congress tells me, as they have done, These precedents are a little like apples a noncandidate to contest an election. that to proceed under this law is to pro­ and bananas. They just do not mix so One of the most eminent counsels in ceed as Mr. Frankenberry did, then I you cannot tell them apart. Even New York City, and in the country, the say to the distinguished majority leader though the precedents are clear and the gentleman inferentially says, was wrong where is this swarm of "crackpots" that statutes are very explicit, there is such in his interpretation of this law. he talks about plaguing us with all of a thing as equity. Every lawyer in this Mr. ALBERT. Mr. Speaker, may I ask these nuisance suits? Of course, the Chamber knows the old English adage whether this distinguished counsel and answer to that is this: He can cite none that, if I may paraphrase, says that he I am sure he is a distinguished lawyer because there have been none. The pur­ who seeks equity must do so with cleian was employed by the contestant in this pose of this law is to safeguard the peo­ hands. This is a unilaterar action. case? Lawyers express opinions on both ple of the United States against a sit­ How could this House in its collective sides of legal issues. This House, not the uation where the defeated candidate judgment determine whether or not Law Reference Service of the Library of might not either have the heart or the equity is being done when the other Congress nor any individual lawyer any­ will or the desire to contest an elec­ party to the election is not a party to where in the country, has the responsi­ tion which clearly should be contested this attempt at contest? bility of determining the qualifications of for the common good and for the cause So, Mr. Speaker, as the majority its Members and the interpretation of of good government. I never would sub­ leader has so ably and aptly said, anyone statutes dealing with election contests scribe to an interpretation of this law could bring these proceedings under involving its Members. that takes away the right of a freeborn prejudice, under bias, under some scheme Mr. GOODELL. Mr. Speaker, will the American in a congressional district to surreptitiously-however it may be-to gentleman yield further? come to Congress and proceed under our cause embarrassment on a duly certi­ Mr. ALBERT. I yield further to the laws to question our elections and I fied Member of this body without his gentleman from New York. question whether the majority ~ishes to having opportunity of challenging ac­ Mr. GOODELL. I do know that this do that. tions on the other side. This is not to say counsel is distinguished. I do not know Mr. ALBERT. If the gentleman will that two wrongs make a right but it the terms of his employment but he was yield to ine, I am just as interested in does say that he who demands equity apparently employed by Mr. Franken­ honest elections and in proper proce­ must also show equity on his part. berry who is the contestant or the al­ dures and in preserving the dignity of More importantly, Mr. Speaker, should leged contestant here. the House as anyone. The only question the people of the 25th District of the There .has apparently been $167,000 is whether citizen X should be entitled State of New York be denied proper or more spent by the members of a con­ to use a statute which on its face says­ representation in the Congress on this gressional candidate's family in rbehalf and if the gentleman will read it, I sort of allegation? It becomes a serious of his candidacy. It seems to me that think he can read it for himself-- matter should that happen. what the gentleman from Oklahoma is Mr. CLEVELAND. I have read it and So I join the distinguished majority saying is that the only circumstance reread it and the statute says, "any leader in this effort to clarify this mat­ under which this can be investigated is person." ter and once and for all, so far as the by an affirmative vote by the majority of Mr. ALBERT. If the gentleman will House of Representatives is concerned, this House. There is a law with refer­ listen to this, it says: "no contestee"-­ put it behind us. ence to contested elections designed to Mr. CLEVELAND. That is the last Mr. ALBERT. Mr. Speaker, will the see to it that the American public is pro­ section of the law. gentleman yield? tected. Certainly enforcement of that Mr. ALBERT. Section 226: "or con­ Mr. BURLESON. Certainly. law should not depend on a majority vote testant for a seat in the House of Repre­ Mr. ALBERT. Reference has been in the House. The law is so written to sentatives shall be paid exceeding made to the Hays-Alford matter. I call see ito it that there is complete honesty $2,000." attention to the fact that in the CON­ and integrity in these elections. Mr. CLEVELAND. That is precisely GRESSIONAL RECORI>, volume 105, part 1, Mr. ALBERT. The House of Repre­ correct, and the intent of that is clearly page 14, a resolution was adopted by the sentatives cannot escape the final re­ that any reimbursement will be confined House which provided that the question sponsibility in this matter. Under no either to a seated or to a defeated Mem­ of the final right of Dale Alford to his circumstances can the House of Repre­ ber. It simply limits the amount of re­ seat in the 80th Congress ·be referred to sentatives escape its responsibility. It is imbursement of expenses to those two the Committee on House Administration, our job and our duty to make the deter­ classes. It does not govern the first et cetera. The House can move on a res- mination here. January 19, 1965 CONGRESSIONAL RECORD-· HOUSE 957 Mr. Speaker, I move the previous ques­ NAYS-102 Mr. White of Idaho with Mr. Bow. tion. Adair Dickinson Moore Mrs. H~nsen of Washington with Mr. The SPEAKER. The gentleman from Anderson, Ill. Dole Morse Wydler. Andrews, Duncan, Tenn. Mosher Mr. Davis of Georgia with Mr. Minshall. Oklahoma moves the previous question. Glenn Edwards, Ala . Nix Mr. Jones of Alabama with Mr. Michel. The previous question was ordered. Andrews, Ellsworth O'Konski N.Dak. Erlenborn Pelly Mr. Leggett with Mr. Harsha. The SPEAKER. The question is on Arends Findley Quie Mr. Landrum with Mr. Poff. the resolution. Baldwin Ford, Gerald R. Quillen Mrs. Griffiths .with Mr. Pirnie. Mr. GOODELL. Mr. Speaker, on that Bates Frelinghuysen Reid, Ilil. Mr. Randall with Mr. Hosmer. Belcher Fulton, Pa. Reid, N.Y. Mr. Teague of Texas with Mr. Don Clausen. I demand the yeas and nays. Bell Goodell Reinecke Mr. Stephens with Mr. Devine. The yeas and nays were ordered. Berry Griffin Rhodes, Ariz. Betts Grover Robison Mr. !chord with Mr. Martin of Massachu- The question was taken; and there Bray Gubser Roudebush setts. were-yeas 245, nays 102, answered Brock Gurney Rumsfeld Mr. Gray with Mr. Tupper. "present" 3, not voting 84, as follows: Broomfield Halleck Ryan Mr. Everett with Mr. Reifel. Brown, Ohio Hansen, Idaho Schneebeli Mr. McDowell with Mr. Morton. [Roll No. 6) Broyhilil., N.O. Harvey, Mich. Schweiker Mr. O'Hara of Michigan with Mr. Clancy. YEAS-245 Broyhill, Va. Ho,rton Shriver Mr. Wright with Mr. Watkins. Buchanan Hutchinson Skubitz Abbitt Gibbons Olson, Minn. · Burton, Utah Johnson, Pa. Smith, Calif. Mr. Van Deerlin with Mr. Callaway. Abernethy Gilbert O'Neill, Mass. Byrnes, Wis. Keith Smith, N.Y. Adams Gilligan Passman Carter Kun kel Sprin ger The result of the vote was announced Addabbo Gon1,;1;alez Patman Cederberg Laird Stafford as above recorded. Albert Grabowski Patt en Clawson , Del Langen St anton A motion to reconsider was laid on the Anderson, Green, Oreg. Pepper Clevela n d Latt a Talcott table. Tenn. Green, Pa. Perldns Con able Lipscomb Teague, Calif. Andrews, Greigg Philbin Cont e McClory Thom.son, Wis. George W. GTider Pickle Cramer McCulloch Ut t Annunzio Hagan , Ga. Pike Cunnin gham McDade Whalley ADDITIONAL COMPENSATION FOR Ashbrook Hagen, Calif. Poage Curtin McEwen Widnall AN ADMINISTRATIVE ASSISTANT Ashley Haley Pool Curtis MacGregor Wilson, Bob Ashmore Hall Price Dague Mailliard Wyatt TO MAJORITY LEADER AND MI­ Aspinall Halpern Pucinski Davis, Wis. Martin, Ala. Younger NORITY LEADER Bandstra Hamilton Purcell Derwin ski Mize Beckworth Hanley · Race ~~· ALBERT. Mr. Speaker, I offer a Bennett Han ma Redlin ANSWERED "PRESENT"-3 privileged resolution Richard Henry Lee, of Virginia, within the States-two houses to provide a advantage of a trial by jury. Your property rose in the Continental Congress and moved check against each other. could be confiscated. You could be taxed that "these United Colonies are and of right (Anyone can check the development of the without representation. ought to be free and independent States." senate body. It started in Virginia in 1611, People learned that strong central govern­ Meantime, on June 29, 1776, Virginia com­ followed through the Massachusetts charter ments, and majorities, could be most oppres­ pleted her constitution. Two houses; one a in 1629; the Fundamental Orders of Con­ sive-in America, as they had been in Europe. senate which represented districts larger than necticut in 1638; in the Connecticut char­ The Colonies, it was thought in Europe, counties. (This was the first time the word ter of 1662; in the Rhode Island charter of existed for the benefit of the mother country. "Senate" was actually used to describe the 1663; in the. Concessions of East Jersey in And the British Parliament, seeing the rising upper house--but 11 years later at the time 1665; in Locke's Carolina constitution of economic possibilities in the Colonies, began of the Constitutional Convention all but New 1669; in the 1674 amendments to the Con­ to make laws for a country they had ceased Jersey and Delaware called it the senate.) cessions of East Jersey; in the commission to understand-and for a people who had Laws must pass both houses. The Virginia for New Hampshire in 1680; in the Pennsyl­ grown more and more to depend on them­ bill of rights was to make up the opening vania Frame of 1696; in the Pennsylvania selves and their own local government. To paragraph of the Declaration of Independence charter of 1701; in the Georgia charter of the people on the frontier, the English King 5 days later. And the Virginia constitution 1732; in the New Hampshire constitution of was far away. What could the King do for made it clear that legislative, executive, and 1776; in the South Carolina constitution of them in their struggle with the wilderness? judiciary should be separate and no person 1776; Virginia constitution of 1776; New Jer­ The Colonies saw the Stamp Act of 1765 as should ever exercise two of the functions. sey constitution of 1776; Delaware consti­ the final straw, tyranny from the outside. If They had seen the European despotism where tution of 1776; Maryland constitution, 1776; England could do this without their consent, one man was legislator; executive, and the North Carolina constitution, 1776; Georgia she could, and would, do more. The Colonies judiciary all in one. And they had seen the constitution, 1777; New York constitution, yelled so loudly that the Stamp Act was re­ oppression in the Colonies when these three 1777; Masss.chusetts constitution, 1778; pealed. But in the protesting, they yelled functions of government were not clearly sep­ South Carolina constitution, 1778; New about such things as liberty, as one Patrick arated, one from another. Hampshire constitution, 1778; Massachusetts Henry did in Virginia when he shouted the New York was next with a constitution on constitution of 1780; New Hampshire con­ bold words "give me liberty or give me July 3, 1776-two houses; the lower house to stitution of 1784; Randolph's plan for a na­ death," which rang in the hearts and mind.8 originate all money bills, a principle which tional constitution in 1787; Pinckney's plan of freedom-seeking men the length and was to be copied 11 years later by the Na­ of 1787; and the National Constitution, breadth of the Colonies. tional Constitution. 1787.) . January 19, 1965 CONGRESSIONAL RECORD - HOUSE 961 While the State constitution making was his encampment there, but he wrote at length ends with the statement: "The powers not going on, a revolution was raging. It was about talking with some farmers along the delegated to the United States by the Con­ 7 years from the shots at Lexington until . way about methods of raising buckwheat. stitution, nor prohibited by it to the States, Cornwallis surrendered at Yorktown, Va., on In those 10 days the committee of detail are reserved to the States respectively, or to October 19, 1781. made a basic constitution out of the sum­ the people." The new Nation staggered under debt. Its mer's work whi.ch was completed and pol­ It was a government of checks and bal­ credit nil; its money not worth a continental. ished by a committee on style, ·and passed ances; a government with an intentional, There followed 6 years of Confederation and signed on September 17, 1787. But was built-in slowness to change; the people to of the 13 States: Loose government, bicker­ it that--only a summer's work by an in­ have all power, spelling out what they would ing, State rivalries, import duties against spired group of men? Gladstone wrote: permit the Federal Government to do, re­ each other, reprisals and retaliation, jeal­ "The American Constitution is the most serving the rest of their governmental func­ ousies, riots in Pennsylvania and in New wonderful work ever struck off at a given tions and expressions to their own states Hampshire. The Government grew weaker time by the brain and purpose of man." and local governments. and by 1784 four States were absent from But it was more. It was the product of an And to prevent unnatural forms of gov­ the Continental Congress; three withdrew in evolutionary process that stretched across ernments from arising through the States disgust; and the rest went home. nearly 200 years of living experience on to devour the Union, article IV declares that Then Noah Webster suggested that the American soil. Very few things-and those "The United States shall guarantee to every Government act directly on the people in­ minor-appeared in this Constitution that State in this Union a Republican form of stead of primarily on the States, and that the hadn't already appeared in 1 or more of the Government." Government be modeled after the States. 13 State constitutions. It was a government that echoed the years: The need for action was brought to a head It wasn't a government of theory. It "Governments are of divine· origin." "The with Shay's Rebellion in western Massachu­ wasn't exa.ctly what Franklin wanted; nor great end is to secure people from the abuse setts in January, 1787. A call went out for a Hamilton; nor Randolph; nor Jefferson; nor of power." "Governments depend on men national Constitutional Convention to try to Gouverneur Morris, who spoke more often rather than men on governments." "The regulate commerce between the States and than any other of the 55 men; nor a constitu­ people are the rulers, the officers are the iron out the governmental problems of the tion of George Washington, the Conven­ servants." "Governments derive their just new Nation. They came thinking that Noah tion chairman, who made only one speech powers from the consent of the governed." Webster's idea had much merit, though he from the Convention floor. But it was the "Prudence, indeed, will dictate that govern­ was never to get real credit for it. best of these men and their experiences. ments long established should not be Fifty-five came to the Constitutional Con­ It was a government of practice. We had changed for light and transient causes." vention in the Nation's largest city of 30,000 ·actually had more experience at the time in And it is with this background that we inhabitants, Philadelphia, on May 25, 1787. constitution making than any other people address ourselves to the June 15, 1964, 6-to-3 They included Washington, Franklin, Madi­ in the world. We had had as many years decision of the Supreme Court on apportion­ son, Hamilton, Randolph, Mason, and Dick­ experience in making governments on Amer­ ment of State senators. inson. ican soil prior to 1787 as we have had since. Briefly, the six majority members of the The average age was 42. They were men The Constitution arose from the evolving Supreme Court said last June 15: tried by war and revolution. More than practice in 29 colonial charters and constitu­ 1. That seats in both houses of State leg­ half, 29, were college graduates; 10 from tions, 17 revolutionary constitutions, and 23 islatures must be apportioned solely on a Princeton. Fifteen owned slaves; 4 were un­ plans of union-in itll, 69 different forms of population basis, and that the population der 30; Franklin, 81, the 10th son of a government in actual or contemplated op­ in each district of the upper house, as well Boston soapmaker and who had left school eration. as in the lower house, must be as nearly at 10, but perhaps the most learned of the That is why the framers of the Constitu­ equal as possible. group, was so feeble that he asked others to tion constructe.d a form of government un­ 2. That political equality can mean only read his notes to the Convention. George equaled in its genius, before or since . . one thing: "One person, one vote." And that They made a government with a division one political district being larger than an­ Washington had to borrow $500 to make the of powers. The legislative, executive, and trip. other political district is "counter to our Jefferson was in France on a diplomatic judiciary were to be distinctly separate from fundamental ideas of democratic govern­ mission; fiery Patriot Patrick Henry "smelled each other. They were to be a check on ment." And "legislators represent people, a rat" and refused to come. each other to prevent a concentration of not trees or acres * * * people, not land or For 4 hot months and 1,840 speeches the power. trees or pastures, vote * .* • citizens, not Congress would make all the laws. All history or economic interests, cast votes." Convention made its history. money bUls were to originate in the lower Through the Convention ran the convic­ House, whose delegates were to represent 3. That the vote of a citizen in a district tion that the executive, legislative, and judi­ equal numbexs of people. The Senate would with larger population is debased inasmuch ciary should by all means be independent. "advise and consent" with the Executive on as his vote counts fo:r less; that he is, there­ And there was a strong feeling against giving a variety of things; its Members to repre­ fore, less of a citizen; and, as such, he is the Executive too much power. sent the historical, social, economic, and denied equal protection of the law under the Franklin reminded them that in a republic geographical entities--the States, two Sen­ 14th amendment. The first section of the the people are the rulers, the officers are the ators to each one. Both Houses must pass on 14th amendment declares that no State shall servants. all laws-one being a check upon the other. "deny to any person within its jurisdiction The Convention sat continuously from The Executive would carry out and apply the equal protection o.f the laws." May 25 to July 27 without a recess. The all laws. He must sign all congressionally ap­ 4. That the Federal system of apportioning proceedings were secret, lest the people be­ proved bills within 10 days or they would Senators by geographical area (two to a come alarmed about the· many propositions become law anyway; but he could veto leg­ State) is not a sound example for State leg­ they considered. But 'fortunately, a few of islative acts. A check on the legisla,ture. islatures to copy because the Federal sys­ the delegates kept excellent notes, Madison But the Congress could pass laws ove,r his tem grew out of unique historical circum­ most of an. The official transcript of the veto by a two-thirds majority vote. A check stances and was conceived out of compro­ secretary was much less complete and reveal­ on the Executive. mise between 13 large and small, independ­ ing. However, the Supreme Court was to serve ent, sovereign States. They said: "The The delegates worked hard; debated; heard as a brake on hasty legislation. If the Court Founding Fathers clearly had no intention and voted down countless proposals; gave d~clared a law unconstitutional, onJy the of establishing a pattern or model for the tentative apprqval to several. people could do anything about that. The apportionment of seats in State legislatures One of the arguments was over representa­ people could, however, start a slow process of when the system of representation in the tion in the upper House, or Senate.. It was constitutional amendment to override Court Federal Congress was adopted." They quote Franklin, from one of the largest States, with decisions. The Convention delegates were Thomas Jefferson as writing in 1816 that "a 400,000 population-10 times that of Dela­ well aware that courts needed a check-that government is republican in proportion as ware-who proposed on the convention floor King Charles I, of England, had gotten every member composing it has equal voice "that the legislators of the several States the judiciary to support the divine right of in the direction of its concerns * * • by shall choose and send an equal number of kings. just as Louis XVI did a century and a representatives chosen by himself." And in delegates who are to compose the second half later in France. 1819: "Equal representation is so funda­ branch of the General Legislature." Basic then, was that all power was to fl.ow mental a principle in a true republic that On July 27 the Convention adjourned for from the people. The people were to make no prejudice can justify its violation because 10 days while a committee of five could work the Constitution, elect the Executive and the prejudices themselves cannot be justi­ out compromises and clear up wording. the Legislature. Laws were to conform to fied." While Rutledge, of South Carolina, Gorham, the Constitution. And only the people could The Court, therefore, ruled 6 to 3, that six of Massachusetts, Ellsworth, of Connecticut, change the Constitution. States (Alabama, Colorado, Delaware, Mary­ Wilson, of Pennsylvania, and Randolph, of The power that the people were to give land, New York, and Virginia) whose appor­ Virginia, labored over the 22 resolutions to the Federal Government was to be explicit, tionment cases were before the Court on passed up to that time, Washington jour­ spelled out. Anything not spelled out for June 15, must reapportion both houses of neyed out 25 miles to Valley Forge to fl.sh the Federal Government was to remain with their State legislatures on a population for trout. In his diary he scarcely men­ the States. A check of the States on the basis, and that alone. The following week tioned how Valley Forge looked, 10 days after Federal Government. The Bill of Rights the Court, in another series of decisions, CXI~l 962 CONGRESSIONAL RECORD - HOUSE January 19, 1965 nullifted the legislatures of an additional had rejected an alternative plan to place stitution which copied State systems, and nine States (Michigan, Washington, Okla­ both houses on a straight population basis. that State and colonial senators have been homa, Illinois, Idaho, Connecticut, Florida, By this action, the majority Court declared apportioned partly along geographical and Ohio, and Iowa) . But the basic decision that they, six men, can amend the Constitu­ political lines since 1700. In no case that I applies to more than 40 States which appor­ tion-not only of the United States, but of can find was an upper house in colonial and tion districts in one or both houses of their the 50 States as well. The framers of the Revolutionary times elected by proportional State legislatures partly on population and Constitution were careful to give this amend­ representation of districts equal in popula­ partly along historical, economic, geographic, ing power to the people alone. tion. or county lines. If in the Constitutional Convention of In saying that basic representation is The June 15 decision was an astonishing 1787 a plan had been proposed before Madi­ based on equal numbers, and equal numbers departure from previous Court opinions son, Morris, Randolph, Hamilton, and the alone, the six are overlooking that each State dating from the 1800's. These previous others that the Supreme Court should have is "unique in terms of topography, geog­ Courts held that apportionment of State leg­ jurisdiction over the makeup of State legis­ raphy, demography, history, heterogeneity or islatures is a political question reserved for latures, it would have gotten nowhere. concentration of population, variety of so­ the States, and that the Supreme Court does If in 1787 these present-day majority six cial and economic interests, and in the not have jurisdiction in such cases. had proposed that the Supreme Court be operation and interrelation of its political in­ Justice Harlan, in a vigorous dissenting given the power to amend the Constitution, stitutions," as pointed out by Justice Stewart. opinion on June 15, said: "It is difficult to they would have been run out of Franklin's The Indianapolis Star commented: "The imagine a more intolerable and inappropri­ town for proposing a centr.alization of power Court deals with people as a sack of marbles. ate interference by the judiciary with the in one branch of the legislature--something They are to be rolled out on the ta'ble top and independent legislatures of the States." that would have raised the hair on the necks divided into equal piles." Of course, trees and acres, and economic of people that had been bowed before strong The real essence of federalism is reserving interests don't vote, Justice Harlan acknowl­ central government for generations. They certain defined powers to each component edged, "But it is surely equally obvious, and, who had just fought a war over the issue of part. But democracy, in the sense of the in the context of elections, more meaningful a strong, despotic Ceneral Government that majority six, is "winner take all" with minor­ to note that people are not ciphers, and that imposed itself on the people against their ities having no rights that the majority legislators can represent their electors only will. can't override, suggests Felix Morley. by speaking for their interests-economic, By declaring on June 15 that what we What people really want is good and bal­ social, political-many of which do refiect have is not representative government, the anced representation. And good representa­ the place where the electors live." majority six, in effect, charged that our tion where one State senator looks outside The aftermath of the decision of the ma­ American Government has been a farce since his downtown city office and sees the roof­ jority, said Justice Harlan, "will have been the Revolutionary War. They are indulging tops of all his constituents in a compact area achieved at the cost of a radical alteration in in pure theory. The Constitution guaran­ of homogeneous interests is quite different the relationship between the States and the tees each State a republican form of govern­ from good representation of constituents by Federal Government. (The Court) does not ment, but the majority six did not use this a State senator who comes from a large rural serve its high purpose when it exceeds its part of the Constitution to attack the gov­ area of farmers and many small towns--with authority. • • • For when, in the name of ernment of the States. What they said is their many interests, backgrounds, economic constitutional interpretations the Court that the States do not conform to their own problems, and diversity. adds something to the Constitution that was ideas of representative government. Good representation in government for a deliberately excluded from it, the Court in The majority six quote Jefferson as saying citizen does not stem from equal numbers-­ reality substitutes its view of what should that proportional representation is a funda­ it does not even start there. It is born of be so for the amending process • • • it has mental principle of a true republic. the relationship between citizens and their strayed from the appropriate bounds of its They also could have quoted a Chief Jus­ representatives: the availab1Uty of the rep­ authority • • • what is done today deepens tice of the Supreme Court, Earl Warren, now resentative; the feeling of rapport between my conviction that judicial entry into this one of the majority six, but who while Gov­ citizens and their elected representative; the realm is profoundly ill-advised and constitu­ ernor of California in 1948 said: "The agri­ fiow of information, ideas and response be­ tionally impermissible:• cultural counties of California are far more tween citizens and their representative; and Justice Stewart joined Harlan in the dis.­ important in the life of our State than the the effectiveness of the representative in sent. "The Court's answer is a blunt one, relationship their population bears to the en­ understanding the interests of his people and, I think. woefully wrong," said Justice tire population of the State. It is for this and relating it to the national welfare. Stewart. The majority holds that "the reason that I never have been in favor of re­ The great responsibllity of American rep­ fundamental principle of representative gov­ stricting their representation in our State resentative government is for the represent­ ernment in this country is one of equal rep­ senate to a strictly population basis. It is ative of districts to really represent-rep­ resentation for equal numbers of peo­ the same reason that the Founding Fathers resent not just numbers, and equal at that, ple • • • I think this is not correct. simply of our country gave balanced representation but represent the views and needs .of the as a matter of fact." to the States of the Union, equal representa­ people in the crucible of the State legisla­ tion in one House and proportionate repre­ ture. Justice Stewart quoted ex-Justice Frank­ sentation based upon population in the furter on an earlier case who said that this other. Rural people, and those in small towns, (equal representation) "was not the colonial "Moves have been made to upset the bal­ are by distance, ava1labi11ty, and diverse in­ system, it was not the system chosen for the anced representation in our State, even terests harder to represent effectively than National Government by the Constitution. it though it served us well and is strictly in more homogeneous concentrations of popu­ was not the system exclusively or even pre­ accord with American tradition and the lation in concentrated areas. dominantly practiced by the States at the pattern of our National Government. Counties perform many important func­ time of adoption of the 14th amendment, it "Our State has made almost unbelievable tions for unincorporated areas-things such is not predominantly practiced by the States progress under our present system of legis­ as zoning, park and recreation services, street today:• lative representation. I believe we should and road construction, sanitation, schools, "To put the matter plainly," said Stewart. keep it." public welfare, police and fire protection, "there is nothing in all the history of this This agreed with Madison who wrote in licensing-all of which justify county rep­ Court's decisions which supports this con­ The Federalist (No. 62): "In a compound re­ resentation in the councils of State govern­ stitutional rule • • • (it) finds no support public, partaking both of the national and ments. in the words of the Constitution, in any Federal character, the government ought to The majority six have violated the prin­ prior decision of this Court, or in the 175- be founded on a mixture of the principles ciple of the separation of powers. They have year history of our Federal Union. of proportional and equal representation." taken over the amending process reserved "Uncritical, simplistic, and heavyhanded But as we pointed out earlier, our Govern­ for the people themselves. The selection of application of sixth-grade arithmetic,,. ment arose from practical experience, not one house on the basis of area has developed summed up Justice Stewart "if geographical theory, and it is not the exact form that as a part of out American governmental sys­ residence is irrelevant, as the Court suggests, Franklin, Madison, Jefferson. or other in­ tem since colonial days; it has become inter­ and the goal is solely that of equally dividuals wanted. Anet let's hope that in twined in the warp and woof of our govern­ 'weighted' votes, I do not understand why the this day, we don•t make it a government of mental fabric: and now six men seek to rent Court's constitutional rule does not require what six men want. it apart, willfully and unilaterally, without the abolition of districts and the holding By their June 15 decision, these six men consulting the Congress, without public de­ of all elections at large." are saying that hundreds of court justices-­ bate, and without consulting the people of To summarize, in our own words, and in equally omniscient as they-have been wrong the Nation. less legal terms, we can see that the Supreme down through the years for maintaining that "It amounts to judiciary rewriting • • • Court majority of six is claiming that the State legislatures were a political matter for shocking judicial arrogance." says Colum­ Court, not the people, has jurisdiction over the States and the States people to deter­ nist William S. White. how State legislatures wlll be set up. The mine. The Court did not say to States who were Court declared a new Colorado apportion­ In saying that States are not sound in admittedly delinquent in apportioning their ment plan invalid, even though the people in copying the Federal Senate's geographical State legislatures: "Live up to your State a 1962 statewide referendum had approved apportionment, the majority six are over­ constitution and apportion as the people it in every county of the State. Colorado looking the fact that it was the Federal Con- wish." Instead, the six said: "Live up to our January 19, 1965 CONGRESSIONAL RECORD - HOUSE 963 ideas of what we think your constitution and 2. Has no basis in the Constitution, as con­ habitants to vote for the members of the apportionment should be." The six have structed. (State) legislature," says Justice Harlan. roped off State reapportionment as an area 3. Is 1llogical. This section, he says, "precludes the sugges­ for their judgment, and their judgment 4. Is a violation of the amending powers of tion that the first section was intended to alone. The lower courts, they say, are going the Constitution. have the result reached by the Court today." to be their agents as the sole authority for 5. Is an invasion of States rights. · Not everyone takes this view of the de­ what is "proper" apportionment and repre­ 6. Is an overextension of historic, expressed cision. sentation. Not the people; not the States; powers of the Court. Organized labor was ct.uick to sense the but the courts. 7. Thwarts the checks and balances and crippling blow to rural areas of the June 15 And the haste with which the courts have caution built into our Government. decision. The committee of political educa­ proceeded to carry out the June 15 decision 8. Is an impulsive creation of our over­ tion of the AFL-CIO, in its COPE publication suggests that they want to get it done be­ anxious Court. of June 29, said with obvious enthusiasm: fore people wake up to the seriousness of 9. Denies fundamental protection to the "Curtains for rural-dominated horse-and­ what has been proposed. Instead of being minority. buggy State governments unresponsive to the a brake on hasty governmental action, the 10. Propels an appointive Court into polit­ needs of an increasingly urban nation." Court is a party to it--and the perpetrator. ical matters. COPE told its labor-union readers that They have invaded the political arena to 11. Is government theory. of six men, un­ the effect of the June 15 decision would be settle a question of politics with judicial tested in the public processes. a "surge of responsible, progressive action power-through a plan hastily conceived and 12. Creates a centralized governmental within the States aimed at advancing the hastily executed, without the benefit of thor­ monster. social and economic welfare of their citi­ ough public discussion. 13. Ignores the full content of the 14th zens." People never intended for appointed offi­ amendment on which the decision is based. COPE applauded: "The Court pitched a cials to determine political questions. They For some unexplained reason, the majority third strike against lopsided representation intended that these questions should be de­ of six, in groping for something on which to which has given the rural voter a powerful termined by themselves or by those who are base a case last June 15, clutched the straw advantage over his city and suburban coun­ both responsive to the voters and responsible that is in the first section of the 14th amend­ terpart. And, as in baseball, three strikes to them. ment. This Reconstruction amendment was means you're out." If the Court can apportion a State against an outgrowth of the Civil War, and all re­ Senator GEORGE AIKEN, of Vermont, says the will of the people, then it can dictate how constructed States were required to ratify "Once both houses of the State legislature~ your county, your township and your local it to gain admittance back into the Union. are apportioned in accordance with the rule, school board will be run. "If nothing is The first section says: "All persons born or control of fully half the States will pass to done, this is only the beginning of Federal naturalized in the United States • • • are an urban majority, leaving the rural areas interference," says Representative WILLIAM M. ciitzens of the United States and of the of a State as a minority or possibly without McCULLOCH, of Ohio. "The composition of State wherein they reside." And no State representation at all." every political subdivision in the Nation may shall "deny to any person within its juris­ What does this hold for rural areas? Prob­ be subject to the dictates of the' Supreme. diction the equal protection of the laws." ably it would mean less road aid; it could Court • • • the circuit court of Kent Coun­ The reason for this, in view of the times, ts mean higher school taxes and less local school ty, Mich., pursuant to the Supreme Court obvious. It meant simply that whatever the aid; it could mean greater consolidation of decision, ruled (in September) that the coun­ law-it would apply to everyone, regardless schools; it could seriously impair vocational ty board of supervisors was elected under an of color. agriculture and home economics programs; unconstitutional apportionment. Every city But there is a second, and longer section, sales taxes might be imposed on farm pro­ council, city ward, irrigation, :flood control to the 14th amendment. It recognizes that duction items; it could lead to an oppressive and sanitation district, and board of super­ States have exclusive power over who can value added tax; water rights would change, visors, among others, may have their mem­ vote and in what manner-so the second with industrial areas of concentrated popula­ bership apportioned by the mandate of the section provides that if the vote of any male tion taking over control of water; hunting Supreme Court." citizen over 21 is denied or abridged in any and fishing laws probably would be altered; The decision of the majority six is illogi­ way-in national or State elections-then the public domain land in rural areas for open cal. How can a voter in a State with unequal State population for purposes of govern­ spaces and recreation probably would be population districts be "debased" statewise mental representation will be reduced by the greatly expanded; it could well mean that and not be debased federally where 408,000 proportion that the denied voters bear to the control of county governments would pass to people elect two U.S. Senators in Nevada and whole number of male citizens 21 or over in cities; it could launch a move to do away 18 mill1on people---45 times as many-elect the State. with township governments and consolidate two U.S. Senators in the State of New York? Justice Harlan, in his dissent, gives a clear them into counties; it could easily lead to Is the city of New York debased in the U.S. history of the congressional debate that consolidating county functions and redraw­ Senate when that city has no Senators it can preceded offering the 14th amendment for ing county lines; it would certainly mean call its own, but has more population than State ratification. He shows that the Con­ reapportioning congressional districts to the 43 States that do have two Senators each? gressmen who constructed the 14th amend­ disadvantage of rural areas after the 1970 And is the majority six saying that the Fed­ ment at no time believed that it would ren­ census; it would automatically mean a eral Senate is a farce; not representative gov­ der inoperative the several State constitu­ change in the control of local and State po­ ernment? "They imply that it ts somehow tions of either loyal or reconstructed States. litical parties, and this would certainly lead un-American and undesirable," writes Felix Congressman Bingham, the author of the to a change in the kind of political candidates Morley. first section, said on the :floor of Congress at and political programs from local govern­ The U.S. Senate is made up in such a way the time that "the exercise of the elective ment on up the line. that 26 States having only 16 percent of the franchise, though it be one of the privileges It is with good reason that this is called Nation's population exercise a majority in the of a citizen of the Republic, is exclusively the most sweeping overnight change in Gov­ under the control of the States." Other ernment contemplated since the Civil War. Senate. Yet we haven't heard that the other speakers stated this repeatedly. This point 84 percent of the people are so deprived and "If this Supreme Court decision is per­ was well understood in the Congress. mitted to stand, the State of Kansas wm be debased that they want to throw out the Furthermore, 15 of the 23 loyal States Federal Senate and tear up the National completely dominated from this day forward that ratified the amendment before 1870 had by urban areas. Rural areas will be vir­ Constitution. Or is this next for the ma­ constitutions which provided for apportion­ jority six? tually powerless," says Congressman Bos ing one of their houses on other than popu­ DOLE, of Kansas. The two Iowa Senators do not represent lation considerations. "Can it be seriously trees or acres or pastures. Indeed not. They contended that the legislatures of these It would mean that "the State of Illinois represent the great State of Iowa. They States, almost two-thirds of those concerned, will be completely ruled from this day for­ represent a State with a unique contribution would have ratified an amendment which ward by Chicago," says Congressman PAUL to the Nation. A glorious State with its own might render their own States constitu­ FINDLEY, of Ill1nots. "Downstate will be economic, historical, and social history, tions unconstitutional?" asks Justice Harlan. powerless to keep a legislature dominated by strength, needs, problems, aspirations., honor, And the constitutions of 6 of the 10 recon­ Chicago machine politics from funneling the and people. It is a complex that the six men structed Southern States provided for State lion's share of State revenue into Chicago in Washington, D.C., have cease~ to under­ legislature apportionment on bases other projects and programs." stand. I, for one, would not abide the charge than population. Would these legislatures The Wapakoneta (Ohio) Dally News com­ that Iowa's two Senators represent trees and intentionally put themselves and their con­ mented: "Bigness ls not a virtue, nor ts small­ acres. And if I were one of Iowa;s two Sen­ stitutions out of business without mention­ ness a fault. Centralization of authority, ators, I would be working day and night-­ ing it? whether in Federal or State governments, as I trust they are--to see that the people For some reason, the majority six are silent can lead to despotism." had an opportunity to set the six men about this part of the 14th amendment. "We are now confronted with political straight about that. "I am unable to understand the Court's minions surging forth from the controlling In summary we can say that the decision of utter disregard of the second section which city machine to levy, collect and bring back the majority six: expressly recognizes the States power to deny the revenues to be used to perpetuate and 1. Has no historical basis. 'or in any way• abridge the right of their in- further the grandeur and power of that 964 CONGRESSIONAL RECORD - HOUSE January 19, 1965 machine," says Senator EVERETT DmKSEN, of Congressmen in the rest of the State of One way to amend the Constitution is to Illinois. Illinois-outside of Chicago-favored the start with a Constitutional Convention, We might ask: If it is bad that a large Farm Bureau position 80 percent of the time. which can be called if two-thirds of the geographic area with less than a majority of In Pennsylvania, on the same 10 issues, .States (34) ask for it. This is a direct action the State's population can control the State five Philadelphia Congressmen voted 46 times, that you can take-and you can see that it through one house o! the State legislature, and cast every single vote against the Farm gets done in your State by talking with your then is it automatically good that a small Bureau position. Yet in the 88th Congress State representative right at home. geographic area with a majority of the State's they voted 98 percent in favor of COPE's 4. Fourth, get Congress to pass a resolu­ population can control the entire State? labor position; and 97 percent of the time tion putting a constitutional amendment be­ Which is better for the State of Illinois and for the position of the ADA. fore the States in a referendum. This is the people in it? Weighing the prospect of In the State of Michigan the Farm Bureau another way to amend the Constitution if the two possibilities should leave little ques­ compiled the votes on eight representative three-fourths of the States (38) ratify the tion in the minds of thinking people as to issues. There, seven Representatives whose amendment. which is more desirable. I know, because I districts are primarily in the city of Detroit A simple resolution has been proposed by .lived in Illinois for many years. voted 48 times on these eight issues, and cast Representative McCULLOCH, of Ohio, and the Could the majority six really believe that 47 of the 48 votes against the Farm Bureau general assembly of States. It says: "Noth­ the city of Chicago should rule all of the position. Yet in the 88th Congress they ing in the Constitution of the United States :States of Illinois? Or that three or four voted 93 percent of the time for the position shall prohibit a State, having a bicameral >Counties should rule all of California, a di­ of the ADA and 99 percent of the time for legislature, from apportioning the member­ verse State 900 miles long? COPE's labor position. ship of one house of its legislature on fac­ While trees and acres and pastures and The other Congressmen in Michigan-out­ tors other than population, if the citizens districts don't vote, it is a matter of prac­ side of Detroit-cast 88 percent of their votes of the State shall have the opportunity to tical politics that political machines do vote-­ in favor of the Farm Bureau position. vote upon the apportionment. And any State or deliver the vote-and that these machines A summary of the vote in the four States may determine how governing bodies of its are most often found in cities where the shows that in 366 votes cast by Congress­ subordinate units shall be apportioned." history, economic interests, communications, men from the four big cities, these city Con­ This puts the question before the people citizens, and numbers are such that political gressmen voted with the Farm Bureau posi­ twice: machines can and do deliver large blocs tion just 17 times ( 15 of those from New First will be a vote on the constitutional of votes. I know; I work in such a York City) and against the Farm Bureau amendment. This permits States to vote on city. The doctrine of the political equality 349 times-5 percent for and 95 percent the question of whether they want to re­ of equal numbers when viewed in this set­ against. serve for themselves the power to apportion ting does not paint a glowing picture of equal The conclusion is rather obvious. These their own legislature. voters in equal numbers between districts big-city political machines are not only al­ Second · will come an opportunity for the meeting on equal ground to cast their equal­ most unanimously opposed to the Farm people to vote on any apportionment plans numbered votes. Bureau position, they are also out of step that might come up in the State. "To be specific," says Senator AIKEN, "we with the Representatives from the rest of Let tha.t "one man, one vote" be on State are engaged in a struggle between the power­ their own States. What this means to all apportionment--that is what we are asking ful machines of the great cities and the people in light of the June 15 majority six for: That each man be allowed to vote people of the United States. Make no mis­ decision is rather plain. whether apportionment Of State legislatures take about it," he says, "this is. a battle for Can the people do something about this? shall be done by his State in its own political the political control of the Nation and with You bet they can. And I count you on wisdom, or whether it shall be done by the the control goes the power to tax, the power the side of those who want to see it done. Court, satisfying only the theories of six to spend, and the power to enact. programs There are these things that you can do: men. . that will affect the lives and welfare of every 1. First, see that everyone recognizes that Fundamentally, we ask that the people living person for generations to come." this June 15 decision is a fundamental ques­ have the opportunity to make the decision To better see what this might mean to tion of constitution and government. on this question. Surely, this is what democ­ rural areas, I requested three State Farm It is a question of whether the power in racy and representative government is all Bureau organizations to make studies of the our government will really flow from the about. And who can be opposed to the voting of their big-city Congressmen-in people, as it has since the Revolutionary War, people exercising this right to vote on the Chicago, Detroit, and Philadelphia-to add or whether this will suddenly be changed. issue? If anyone is opposed, now is the time to find out who it is. to a study that New York had already made It is a question of whether we, the people, of the vote in New York City. 5. Fifth, get Congress to pass a staying will permit an appointed agency of our gov­ action on the majority six Court decision The results may both surprise you and ernment to rise up and devour us. astound you;. until the people have an opportunity to ex­ It is a problem of the centralization of press themselves through a Constitutional In the State of New York, the Farm Bureau Federal power. compiled the voting record of their Repre­ Conventio:i;i or through a constitutional ref­ It is a matter of whether we in this Na­ erendum pn a congressional resolution. sentatives in the National Congress on 10 tion shall succumb to dictation by the Court. representative issues, farm and nonfarm The courts are running full tilt to get ap­ It is a matter of whether we shall settle portionment wrapped up under their edict (feed grain program, foreign aid, tax cut, our important political questions through area redevelopment, Mexican farm labor, before the people have time to act. Others open, thorough public discussion and vote, will help them. You are fighting a race Cooley cotton bill, credit to Communist or whether it shall be done hastily, in a countries, food stamp, wheat-cotton bill, and against time. antipoverty bill). There are 19 Congressmen court, or anywhere else, with six people mak­ Last August the House of Representatives from the city of New York; and voting on ing the decision. in Washington passed the Tuck bill by an 10 issues gave them a possible 190 votes on This is a test of whether there is one overwhelming majority. That bill would these 10 issues. They actually voted 188 Government in Washington, D.C., or wheth­ have denied all Federal courts jurisdiction . times. These New York City Congressmen er there are also 50 State governments; it is over matters dealing with State legislative voted for the Farm Bureau position 15 a test of whether the form of government be­ apportionment. times-8 percent of the time-and voted longs to the people, or to the Supreme Court; This was killed in the Senate as a rider on against the Farm Bureau position 173 times- it is, indeed, a test of whether the govern­ the foreign aid bill. Then a Dirksen-Mans­ 92 percent of the time. ment belongs to the people and is a gov­ field rider was proposed to "buy time." This Yet these same Congressmen in the 88th ernment with the consent of the governed, proposal would have provided a partial stay Congress voted for COPE's labor position 96 or whether it is a government of centralized on the Court action so that there would be percent of the time and 98 percent of the power without the consent of the people. time to permit States to vote on a constitu· time for the position of the Americans for 2. Second, see that everyone recognizes tional a~endment. This bill was lost, pri~ Democratic Action (ADA), an ultraliberal that if this is to be a battle, it will be a marily through a filibuster of four Senators. group. struggle between big-city machines and the Senator AIKEN commented: "It is signifi­ The other 22 Congressmen from the State rest of the country. cant that virtually all of the Senators taking of New York-outside the city of New York­ It is not a farm-city fight. If this is a part iri the filibuster were from States with voted with the Farm Bureau position 72 per­ fight between citizens, it is a battle between cities of 1 million and over; cities that are cent of the time (157 votes) and opposed the counties and big cities; between the people overwhelmingly in debt and are constantly Farm Bureau 28 percent of the time (61 and machine politics and ward leaders-­ seeking new sources of revenue either from votes). and then, only if the big-city machine lead­ taxes or public grants." In the State of Illinois on the same 10 ers chose to make it so by endorsing this Two of 'the leaders of the 1Uibuster were issues, nine Congressmen from Chicago voted action of the majority six. Senator DouGLAS, from Chicago, and Senator 84 times-and 83 of those 84 votes opposed Yours is a positive action to preserve the CLARK, from Philadelphia. They didn't want the Farm Bureau. Only one vote agreed with local functions of government where you can the people in the States to have an opportu­ the Farm Bureau position. Yet in the 88th govern best--and to keep these functions as nity to express themselves in a constitutional Congress they voted 97 percent of the time we the people want them. amendment referendum. It is interesting for the ADA position; and 98 percent of the 3. Third, get your State, and all States, to that these Senators, who plead that the time for COPE's position. call for a Constitutional Convention. majority should rule, resorted to a :fllibuster January 19, 1965 CONGRESSIONAL RECORD - HOUSE 965 to keep the majority of the Senate from vot­ Alcatraz Island to the National Park the Alcatraz Island Commission-Cali­ ing on the issue of whether to "buy time" Service without reimbursement. fornia's Lieutenant Governor, Glenn so that the States could vote by a three­ Third. The National Park Service be Anderson, California's State Senator J. fourth's majority rule on whether to keep ap­ portionment as a State matter. authorized to accept from the San Fran­ Eugene McAteer, and San Francisco At­ 6. Last, you can launch a personal and cisco Chapter of the American Associa­ torney James Thacher-for their work on group educational program to see that peo­ tion for the United Nations the monu­ this project which holds so much prom­ ple-not just farmers, but others as well­ ment and any maintenance endowment ise for the people of this country and the understand what is involved in this Court or funding that might be offered from world. It was a great privilege and action. Read it; study it; write about it; time to time. pleasure for me to work with them and talk about it; make speeches about .it. Do Fourth. The National Park Service be I thank the Members of the House for this, not just through your State omce or the this opportunity. national office; but right where you live. given authority to administer the island. You can make it your personal No. 1 project Fifth. The monument be erected on I am very hopeful, Mr. Speaker, that for 1965; nothing is more important to you the island under the supervision of the the House will now be able to give early and to all the people in your community, Commission in consultation and coop­ consideration to this proposal. your county, and your State. eration with the Secretary of the Interior It has already been carefully screened You can call on and meet with your State with the remainder of the island being a.nd thoroughly thought through by a representatives; your county officials; your retained in its natural state. commission acting at the direction of local township and political officials. There Sixth. The Commission be given the Congress. It recommends a program shouldn't be a single township in the State committed to the highest ideals of man, of Iowa that doesn't have a full scale half­ authority to negotiate with the San day or full-day meeting on this in the next Francisco Chapter of the American Asso­ yet offered with no thought of personal few weeks. ciation for the United Nations for the gain. And what is done In Iowa should be done early demolition and removal of struc­ It is a· proposal which represents our in every State in the Union. tures on the island. own great tradition of freedom and our If you will do this, there will be no ques­ Seventh. Provision be made for a hopes for a freer, more peaceful world tion about the outcome. reservation to the State of California for for all men. Anything less than this is losing faith with use of a part of the island for public pur­ It is a proposal of which we can be the people who, through extreme sacrifice, poses if the need should arise; provided justly proud. courage, God-given wisdom, and loss of life such use by the State of California is The text of the bill follows: built this privileged Nation for us through colonial oppression, frontier tra,vail, and the compatible with and does not detract H.R. 3143 agony of great wars which harvested our from the primary use. A bill to provide for the erection of a monu­ young men-the price that others have paid Eighth. An international architectural ment on Alcatraz Island to commemorate for our liberty and freedom. Anyth!,ng that competition be conducted by the San the founding of the United Nations in we can do, will not be enough to pay for Francisco Chapter of the American Asso­ San Francisco, California, in 1945, and to the priceless privilege that is ours. ciation for the United Nations with the serve as a symbol of peace winning design subject to final approval Be it enacted by the Senate and House of by the Commission after consultation Representatives of the United States of ALCATRAZ ISLAND COMMISSION with the Secretary of Interior. America in Congress assembled, That (a) for BILL the purpose of providing for the erection of Ninth. All costs incident to the inter­ a monument on Alcatraz Island to commemo­ Mr. COHELAN. Mr. Speaker, I ask national architectural competition, the rate the founding of the United Nations in unanimous consent to address the House demolition or removal of structures, and San Francisco, California, in 1945, and to for 1 minute, to revise and extend my re­ the construction of the monument be serve as a symbol of peace, there is hereby marks, and to include extraneous matter. borne by the San Francisco Chapter of established a commission to be known as the the American Association for the United United. Nations Monument Commission The SPEAKER. Is there objection Nations or a private nonprofit founda­ (hereinafter referred to as the "Commis­ to the request of the gentleman from tion created for this purpose, with any sion"), to be composed of seven members as California? follows: proceeds from salvage applied to the There was no objection. (1) Five members who shall be appointed costs of demolition. by the President of the United States of Mr. COHELAN. Mr. Speaker, the 88th Mr. Speaker, the Alcatraz Island Com­ whom one shall be appointed from nominees Congress, by means of Public Law 88-138, m ission, after inspecting the island, submitted by the Governor of California, one created a Commission on the Disposition hearing more than 40 witnesses, and from nominees subm~tted by the mayor of of Alcatraz Island to study and recom­ reading more than 400 written proposals, San Francisco, and two from nominees sub­ mend future use of this former maximum felt strongly and so emphasized in its mitted by the San Francisco Chapter of the American Association for the United Na­ security penitentiary which has now report, that Alcatraz is not a "usuae been declared excess to Federal require­ tions; piece of property to be disposed of (2) ·One member who shall be appointed ments. through the normal procedur e of public by the President of the Senate; and Today, in 'conjunction and cooperation sale by the General Services Adminis­ (3) One member who shall be appointed with the distinguished junior Senator tration. by the Speaker of the House of Representa­ from Missouri [Mr. LONG], I am intro­ The island occupies a prominent posi­ tives. ducing legislation which incorporates t ion in one of the major ports of this (b) The President shall, at the time of and carries out the recommendations of country; its use as a penitentiary for appointment, designate one of the members this Commission. appointed by him to serve as Chairman. Any hardened criminals has made it known vacancy in the Commission shall not affect In brief, the five-man Commission on the world over; and any future use will its powers, but shall be filled in the same which Senator LONG as Chairman and I clearly have significant meaning for the manner in which the original appointment had the privilege of representing the San Francisco Bay area and the entire was made. House of Representatives, recommended, United States. ( c) Members of the Commission shall serve and this bill provides, that the Federal The Commission decided to recom­ without additional compensation by reason Government accept the offer of the San mend the off er· of the San Francisco of their services as members, but shall be Francisco Chapter of the United Nations reimbursed for their actual and necessary Chapter of the American Association for traveling and subsistence expenses incurred to build a monument on Alcatraz Island the United Nations because it recognized commemorating the founding of the by them in performing their duties. the formidable cost of constructing any (d) The Commission may employ, without United Nations in San Francisco in 1945 new project on the island, yet did not regard to the civil service laws or the Classi­ and as a symbol of peace. look to any public source for money, and fication Act of 1949, an executive director The Commission's report, and this bill, because it was in accord with a majority who shall be compensated at a rate not to further provide : of the serious proposals presented that exceed $18,000 per year, and such other em­ First. The creation of a commission to the most appropriate and fitting use ployees as may be necessary in carrying out oversee, negotiate, and coordinate all would be some type of monument as a its functions. matters associated with the realization memorial to the principles of peace and (e) Expenditures of the Commission shall be paid by the executive director, who shall of this proposal. human dignity. keep complete records of such expenditures Second. The General Services Admin­ Mr. Speaker, I would like to commend and who shall account for all funds received istration be given authority to transfer Senator LoNG and the other members of by the Commission. '966 CONGRESSIONAL RECORD - HOUSE January 19, 1965 SEc. 2. (a) The function of the Commis­ SEC. 8. The monument established pursu­ I sincerely hope that action can be sion shall be to develop and execute suit­ ant to .this Act shall be the property of the taken which will meet the human needs able plans for the erection on Alcatraz Is­ United States and, together with the land land of a monument to commemorate the comprising Alcatraz Island, shall be set aside of our veterans rather than the budget­ founding of the United Nations in San Fran­ as a national monument and designated as ary desires of the administration. cisco, California, in 1945, and to serve as a the United Nations Monument. The Na­ symbol of peace. In formulating and devel­ tional Park Service, under the direction of oping such plans, the Commission shall con­ the Secretary of the Interior, shall adminls­ WE BANDSMEN SAW EUROPE sult and cooperate with the Secretary of the ter, protect, and develop such monument, TOGETHER Interior. The design of such monument subject to the provisions of this Act and the shall be selected, subject to final approval Act entitled "An Act to establish a National Mr: TALCOTT. Mr. Speaker, I ask by the Commission, through an interna­ Park Service, and for other purposes", ap­ unarumous consent that the gentleman tional architectural competition conducted proved August 25, 1916 (39 Stat. 535), as from Illinois [Mr. DERWINSKI] may ex­ in accordance with the provisions of clause amended and supplemented. tend his remarks at this Point in the (3) of section 3 of this Act, but no design SEC. 9. The land comprising Alcatraz Is­ RECORD and include extraneous matter. submi~ted in such competition shall be se­ land is hereby transferred to the administra­ The SPEAKER. Is there objection lected if it would result in a hazard to navi­ tive jurisdiction of the Secretary of the Inte­ gation. rior, without consideration, for use by him to the request of the gentleman from (b) No appropriated funds shall be used in carrying out the provisions of this Act. Oalifornia? in connection with the construction of such SEC. 10. There are hereby authorized to be There was no objection. monument, Jncluding the demolition or re­ appropriated such sums as may be necessary Mr. DERWINSKI. Mr. Speaker, one moval of structures on such island, or the to carry out the provisions of this Act. of the most effective programs in which holding of such competition, but any pro­ the image of the United States is prop­ ceeds from salvage of existing structures or erly presented abroad is that sponsored other property on such island may be applied CUTBACKS IN VA SERVICES to the cost of such demolition and construc­ by the School Band of America. This tion. Mr. TALCOTT. Mr. Speaker, I ask past summer the School Band of Amer­ SEC. 3. In carrying out its function under unanimous consent that the gentleman ica toured much of Europe. this Act, the Commission is authorized to­ from Ohio [Mr. HARSHA] may extend his One of its members was a talented ( 1) construct, or provide for the construc­ remarks at this point in the RECORD and young lady, Miss Emily Jane Canning, tion of, a monument as provided for in this include extraneous matter. a resident of Homewood, Ill., in the Act; The SPEAKER. Is there objection Fourth Congressional District. Upon her (2) accept donations of money, property, to the request of the gentleman from return, Miss Canning wrote a special or personal services; to cooperate with State, California? civic, patriotic and other groups; and to call article for the November 1964 issue of upon other Federal departments or agencies There was no objection. the School Musician magazine, and I ask for their advice; Mr. HARSHA. Mr. Speaker, last leave to place it in the RECORD at this (3) negotiate or arrange with the San week, on January 13, Members of Con­ point. Francisco Chapter of the American Associa­ gress were notified by the Veterans' Ad­ WE BANDSMEN SAW EUROPE TOGETHER tion for the United Nations or others for ministration of a program of cutbacks (By Emily Jane Canning) the early demolition or removal of the struc­ and consolidations in the services to our tures on the island, and for the holding of veterans. Seventeen regional offices, 11 As a music student, I had never really an international architectural competition hospitals and 4 domiciliaries in several realized before my trip with the School Band for the purpose of selecting the design of of America the variance of American student such monument; States, including Ohio, will be involved. musicians. They are different, but they can (4) make such expenditures for the pur­ While none of the installations affected have fun living and traveling together for pose of carrying out the provisions of this are located in my district, any general a month, and at the same time see Europe Act, as it may deem advisable from funds ap­ deterioration of facilities will be re­ and learn to know about the people. propriated or received as donations for such flected in poorer service to all our veter­ The European tour this past summer by purpose, subject to the provisions of sub­ ans in every district in our Nation. the School Band of America and the school section ( b) of section 2; and Is there to be nothing in the Great Chorus of America covered during this short (5) exercise, subject to the provisions of month the Netherlands, Belgium, Germany, Society for the veterans? Are veterans Austria, Italy, Switzerland, France, and Eng­ this Act, such additional powers and func· to become just numbers to be stuffed in tlons as may be necessary to carry out the land, followed by an exciting day at the New purposes of this Act. computer machines? The care of our York World's Fair. SEC. 4. The Commission shall, not later veterans must meet human needs hu­ Concerts were given in The Hague, Rot­ than February 1 of each year, transmit to manely and fairly considered in ac~ord­ terdam, Blankenberge, Brussels, Spa, Hell­ Congress a report of its activities and pro­ ance with the best standards. The care bronn, Nuremberg, Munich, Innsbruck, ceedings for the preceding year, including a of our veterans must not become subject Venice, Piacenza, Genoa, Nice, Lausanne, complete statement of its receipts and ex­ to the cold calculations of an electronic Strasbourg, Paris, Horsham, Dorking, and penditures. A final report of the activities of computer. It is unconscionable to sub­ New York. the Commission, including a final accounting mit the health, care, and welfare of our Transatlantic crossings were by charter of its receipts and expenditures, shall be jetplane. Comparative strangers left from made to the Congress not later than ninety veterans to a machine void of compas­ New York Kennedy International Airport on days following the completion of the monu­ sion. In administering the VA program June 11; but they were well acquainted on ment authorized by this Act. The Commis­ the primary objective should be service the return flight which departed from Lon­ sion shall terminate thirty days following to the veteran rather than to operate don, July 9. European land travel was by the date of the submission of such final the facilities as a commercial enterprise. four blue charter buses with drivers and report. This cutback is poor economy and will couriers from the Netherlands. SEc. 5. The authority granted by this Act Band and chorus members were from Ala­ certainly provide additional material for bama, Arizona, California, Colorado, Con­ shall cease to exist, unless within five years the war on poverty. It makes little sense after the date of enactment of this Act ( 1) necticut, Delaware, Georgia, Idaho, Illinois, the erection of the monument ls begun, and to spend billions to eradicate poverty in Indiana, Iowa, Kansas, Maryland, Minnesota, (2) the Commission certifies to the Secretary the United States, to spend additional Missouri, New Jersey, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Texas, of ~he Interior the amount of funds available billions in foreign aid to raise the stand­ for the purpose of the completion of the ard of living over the entire world, and Utah, West Virginia, and Wisconsin. We monument and the Secretary determines then virtually pull the bed out from un­ have made new friends not only in Europe that such funds are adequate for such pur- der the veteran. Apparently, the Great but throughout the United States. pose. The band, with 98 members, and the Society is to bypass the veteran. chorus, with 34 members, continued the tra­ SEC. 6. The State of California is author­ I have written to the chairman of the ized, subject to the approval of the Secretary dition of presenting concerts to large en­ of the Interior, to use a part of Alcatraz Is­ Veterans' Affairs Committee to request thusiastic audiences, the largest being 5,000 land for public purposes, if any such use is that committee to investigate the action in the very famous St. Mark's Square in of the Veterans' Administration in clos­ Venice. In each instance, 22 concerts in all, compatible with and does not detract from SBA-SCA was invited to return next year. the monument established pursuant to this ing VA facilities. Act. I have also written directly to the SBA-SCA since its beginning has covered 45,000 miles to play 71 concerts to a total SEC. 7. Any funds acquired by the Com­ Veterans' Administration to urge that audience of 150,000 persons, and has partici­ mission remaining upon its termination shall it forgo its proposed cutbacks until such pated in 24 omcial receptions, 4 TV ap­ be deposited in the Treasury of the United investigation can be completed by the pearances, 18 radio broadcasts, and 9 youth States as miscellaneous receipts. committee. gatherings. January 19, 1965 CONGRESSIONAL RECORD - HOUSE 967 Since its founding as a. nonprofit, non­ selection for the touring groups is made on developed to provide additional incentive, commercial organization on July l, 1959, the the basis of musicianship, character, and quality, and prestige to the fast-growing School Band of America-School Chorus of personality. Musicianship is determined by string education program in the United America has established itself as an integral audition, tape recording, or in person; char­ States. SOA is to be directed by Don M111er, part of the American music education scen_e. acter by letters of recommendation from a director of the string program at Lyons The organization was founded primarily for school official, music teacher, and pastor; Township High School in LaGrange, Ill. He the purpose of giving outstanding American personality by personal interview where prac­ is well known in the field of music education school musicians an opportunity to use their tical. SBA-SCA has 16 representatives in 10 and is in demand as a festival director and talents in the area of international under­ States and 2 foreign countries. They all adjudicator. standing, and at the same time acquire a volunteer their services. Headquarters for the groups is 28 Harbord firsthand knowledge of the cultural centers The individual cost of the European con­ Drive, Bloomington, Ill., where information of Europe. cert tours was $878. This amount was de­ about the bands, chorus, and orchestra is SBA-SCA has developed into a cooperative termined on a prorated basis covering the available. Deadline for making application venture involving music educators, music expenses involved in developing and carrying for 1965 concert tours is December 1, 1964. teachers, music publishers, and music instru­ out the concert tour. This relatively modest ment manufacturers throughout the United amount, which included all necessary ex­ States. penses for the month-long tour from New MRS. MARY GABRIELLA GOMES The European audiences were eager to hear York and return, was a result of the non­ the music of SBA-SCA. They clapped, profit feature of SBA-SCA and the fact that Mr. TALCOTT. Mr. Speaker, I ask whistled, and gave standing ovations for the SBA-SCA is authorized by the Civil Aero­ unanimous consent that the gentleman tunes they particularly enjoyed, especially nautics Board to charter transatlantic from New York [Mr. GooDELL] may ex­ the "Stars and Stripes Forever," and "Battle flights. Hymn of the Republic." It can be said the SBA-SCA functions within the philosophy tend his remarks at this point in the SBA-SCA has more than fulfilled its original that the free enterprise system is the central RECORD and include extraneous matter. purpose and has developed into a strong core of the American way. Therefore, Gov­ The SPEAKER. Is there objection positive influence in the field of interna­ ernment financial assistance is neither to the request of the gentleman from tional relations. American Government of­ sought nor desired. However, financial as­ California? :fl.cials in Europe and European government sistance in varying amounts to individual There was no objection. authorities have repeatedly stated that students on a local basis is recommended. SBA-SCA concerts and related activities are Considering the fact that the appearance, Mr. GOODELL. Mr. Speaker, I am the major events in their year's calendar. A conduct, and quality of SBA-SCA reflect an today introducing private legislation on dignified image of American youth is pro­ image of all Americans, many students re­ behalf of Mrs. Mary Gabriella Gomes, jected to the Europeans who draw many of ceive financial assistance from local civic and the mother of Mrs. Keith Crawford, 51 their conclusions only from movies. service clubs, church groups, school organi­ Bowen Street, Jamestown, N.Y. SBA-SCA has been accepted as an official zations, individuals, etc. A sponsor is de­ The bill, if approved, would grant project of the music committee of the people­ fined as an organization or an individual who to-people program, has been sanctioned by contributes $25 or more to a student's ex­ permanent residence to Mrs. Gomes, who the Bureau of Cultural and Educational Af­ pense. The 1964 program listed approxi­ entered this country as a visitor on Octo­ fairs, Office of Cultural Exchange, U.S. State mately 600 friends and official sponsors. ber 2, 1961. Mrs. Gomes is a native of Department, and ls assisted by the U.S. In­ Founder and director is Edward T. Harn British Guiana and a citizen of Great formation Agency. Files contain letters of of Bloomington, Ill. In addition to his di­ Britain. commendation from Dr. Norman Vincent recting duties with SBA-SCA, he is principal Peale, Leonard Bernstein, and Edward R. conductor of the all-star high school band Murrow. The band and chorus have been which annually presents the grand finale PROPOSED LEGISLATION TO IM­ personally commended by former Vice Presi­ concert at the Mid-East Instrumental Con­ PROVE AND INCREASE SOCIAL dent Richard M. Nixon. ference sponsored by Duquesne University SECURITY BENEFITS The reputation of SBA-SCA has grown con­ School of Music in Pittsburgh. siderably in the 4 years since the European European music critics have highly ac­ Mr. TALCOTT. Mr. Speaker, I ask tours were established. The band and chorus claimed his work with young American unanimous consent that the gentleman have become a tradition in many areas with musicians. He received two medals this from New York [Mr. GoonELL] may ex­ a loyal following. An SBA-SCA fan club has summer at Nervi and Venice, making eight tend his remarks at this point in the been organized by students in Nuremberg, he has received from European governments Germany, where a large youth gathering was RECORD and include extraneous matter. for his contribution to a better understand­ The SPEAKER. Is there objection held this year. ing between America and Europe. At Nuremberg an important concert was to the request of the gentleman from presented in Europe's newest and most beau­ Assisting with directing duties are Wayne M. Reger, authority on brass instruments, California? tiful concert hall, the Meistersingerhalle, There was no objection. which was filled to capacity of 2,200. A local author of "The Talking Trumpets," and in­ orchestra director led us in "El Capitan" be­ structor in the public schools at Massillon, Mr. GOODELL. Mr. Speaker, I am fore an audience made up mostly of young Ohio; Don McCathren, clarinet clinician, today introducing a bill which would people. affiliated with H. & A. Selmer, and chairman provide new, improved and increased so­ At Dorking, England, the SBA-SCA opened of instrumental music at Duquesne Uni­ cial security benefits for an estimated the annual music festival in grand style. versity; and Cedric Cooke, director of music 20 million Americans. Guests of honor were Prince and Princess in the Greenview, Ill., public schools. SBA-SCA concert tours are chaperoned by Mr. Speaker, the House and Senate Tomislav, of Yugoslavia, and Max Grossman, are in agreement on the provisions of this cultural attache of the American Embassy, a select group of adults, mostly teachers, who and Mrs. Grossman. The director of the pay their own expenses as do the students. proposal since it incorporates the amend­ British Broadcasting Corp. (BBC) television Each chaperone 1s assigned 10 students. ments to the social security laws which orchestra, Eric Robinson, was guest conduc­ There are also two nurses. Following the had been agreed upon by the House and tor. The chairman of the music festival tour, chaperones' reports are sent to parents Senate conferees in the 88th Congress. committee publicly stated that he had never of each member and to school officials. The House should immediately adopt seen an audience in Horsham react so en­ Four concert tours are planned for 1965. this proposal so that we can swiftly thusiastically to any presentation. The regular SBA-SCA European section tour Near the end of the tour at Strasbourg, of central Europe, June 12-July 11, will fea­ move to bring these new benefits to our the groups taped two albums of high fidelity ture a command performance for Her Majesty, retired citizens. records. Queen Elizabeth, in Royal Festival Hall of Aside from the provisions on hospital At the final concert at the New York London. care for the aged which caused disagree­ World's Fair, July 10, SBA-SCA drew the A new SBA Near East section tour of Israel ment, everything in my bill had the ap­ largest crowd of the year at the Tiparillo and central Europe, July 21-August 19, will proval of the Congress. It died in the Band Pavmon. participate in the Israel Festival of Music, 88th Congress because of the controversy The repertoire of the School Band of the first time a band has been honored with America and School Chorus of America is an invitation. Al Reed and Mr. McCathren over the hospital care provisions. representative of school instrumental and will be conductors. Apparently the hospital care provi­ vocal groups throughout the United States. A new SBA Far East section tour of Japan, sions will require additional or new hear­ It ls designed to please all audiences with a July 25-August 15, will be sponsored by the ings. The improvements in the so~ial varied program including serious, contem­ All-Japan Band League. SBA alumni will be security system should not be further de­ porary, traditional, vocal, and band music; given preference for this trip. School Band layed. We must do everything· we can to marches, musical comedy selections, and of America will be the featured band at the novelties. Japanese Music Federation Convention in start getting checks to our retired people Any school instrumental or vocal student Tokyo. under the new amendments as promptly in the United States between the ages of 15 A new School Orchestra of America tour of as possible. and 21 may apply for membership. Final central Europe, June 21-July 20, has been There has been too much delay already. 968 CONGRESSIONAL RECORD - HOUSE · \ January 19, 1965 My bill would include: They would be repaid by the State when morning, January 16, 1965, an Air Force First. An increase in benefits of 7 per­ actual construction on a right-of-way KC-135 tanker crashed into a residential cent with a $5 minimum in the primary is authorized or at the end of a period area in the northeast part of the city. insurance amount. not to exceed 7 years or on September The tragic accident took the lives of at Second. A minimum benefit of $35 30, whichever occurs first. least 23 civilians and 7 Air Force crew­ each month for those over 72 who did not Such a program, carefully adminis­ members on the aircraft. Some 15 homes meet the work requirements in the pres­ tered, would pay rich dividends in sav­ were destroyed or damaged beyond re­ ent law. ings to the governments and do much to pair, and approximately 75 were reported Third. Liberalization of the earning eliminate hardship, inconvenience, and damaged by fire. There were 15 persons limitations now in the law. uncertainty for those whose property treated for injuries by local hospitals. Fourth. Benefits for dependents in and businesses may be in the path of My purpose in rising today in the school up to age 22 instead of the pres­ highway construction. House is to express my heartfelt sym­ ent cutoff date at age 18. Funds advanced under this program pathy to those who lost loved ones in this Fifth. Benefits for our widows when would be paid by the highway trust fund air disaster. I also want to pay tribute they reach 60 rather than waiting until and at no time could exceed a total of to local, State, and Federal agencies they reach 62. $200 million. which responded speedily and efficiently. Sixth. Liberalization of the gross in­ This bill meets a major problem which On Sunday and Monday I witnessed the come upon which farmers may decide to has been hampering the Federal high­ effective relief which was being given by pay social security taxes. way program and causing much individ­ the Red Cross, the Salvation Army, and Seventh. Provide for the objection of ual hardship. I hope the House will other civilian agencies. Local police, fire, certain religious groups to the social have an early opportunity to act on it. and civil defense officials handled their security system. monumental tasks with dispatch. This Congress has an obligation to en­ The city of Wichita long has played an act this legislation to provide for our THE PROBLEM OF ALCOHOLISM important role in our Nation's defense. older citizens with dispatch and vigor. AMONG OUR YOUNG PEOPLE Wichita indeed is the "air capital" of this There is no reason for delay of these Mr. TALCOIT. Mr. Speaker, I ask great Nation. The people of Wichita rec­ agreed-upon improvements in our law. unanimous consent that the gentleman ognize the importance of aircraft to the Equity demands the prompt passage of from Illinois [Mr. RUMSFELD] may ex­ community and the Nation. Their cour­ these amendments. I urge speedy ac­ tend his remarks at this point in the age and understanding in the disaster tion by the House of Representatives. RECORD and include extraneous matter. should not go unnoticed. The SPEAKER. Is there objection When disaster struck the city last Sat­ to the request of the gentleman from urday morning, the city government and LEGISLATION TO CUT FEDERAL private citizens alike responded to the HIGHWAY COSTS California? There was no objection. needs and anguish of their fellow Wichi­ Mr. TALCOIT. Mr. Speaker, I ask Mr. RUMSFELD. Mr. Speaker, in our tans. In this tragic period for Wichita, I unanimous consent that the gentleman efforts today to direct and assist our am proud of the manner in which the from New Hampshire [Mr. CLEVELAND] young people so that they can success­ citizens have reacted with understand­ may extend his remarks at this point fully meet the challenges of their future, ing and compassion. in the RECORD and include extraneous one of the continuing problems that must It should be noted, too, that the seven matter. be met is alcoholism. Our young people Air Force crewmembers aboard the air­ The SPEAKER. Is there objection must be made to realize that clear think­ craft who lost their lives were performing to the request of the gentleman from ing and physical fitness, together with a military mission for their country. California? moral stamina, are the assets which lead There is evidence that they did every­ There was no objection. to successful and satisfying lives. thing within their power to avoid or pre­ Mr. CLEVELAND. Mr. Speaker, today The Youth Temperance Council, with vent crashing into a residential area. I have reintroduced my bill to cut Fed­ headquarters in the 13th Congressional Finally, I want to commend the Air eral highway costs by authorizing a pro­ District of Illinois, which I am honored Force for the expeditious manner in gram to assiSt the States to acquire to represent, has performed outstanding which it has proceeded to investigate the rights-of-way in advance. This bill service in educating the youth of our cause of the tragedy and to assist the would enable States to acquire property country to the dangers of alcoholism. civilian population affected by the acci­ needed for rights-of-way at compara­ Each year the council observes Youth dent. tively low costs and at times when an­ Temperance Education Week, which has nouncements of proposed routes have been officially proclaimed in the past by IN PURSUIT OF WORLD ORDER not drastically inflated real estate val­ 7 5 percent of our State Governors and by ues. the mayors of our larger cities. Recog­ Mr. HUNGATE. Mr. Speaker, I ask Under the present law, States have not nition and endorsement of this endeavor unanimous consent that the gentleman been able to utilize existing limited pro­ by the Congress of the United States from Florida [Mr. FAscELL] may extend cedures for buying rights-of-way in would have far-reaching effects; and I his remarks at this point in the RECORD advance. This is largely because they am, therefore, introducing today a joint and include extraneous matter. must use all available State and Federal resolution to designate the fourth week The SPEAKER. Is there objection funds in actual construction and are of April of each year as Youth Temper­ to the request of the gentleman from unable to tie up large amounts in rights­ ance Education Week. Missouri? of-way that may not be used for several I urge adoption of this resolution. by There was no objection. years. Some States, in fact, simply do the House. Mr. FASCELL. Mr. Speaker, as Mem­ not have the money to spend on an or­ bers of the Congress are aware, 1965, derly program of acquiring advance which is the 20th anniversary of the rights-of-way, RECENT CRASH OF AIR FORCE United Nations, has been designated "In­ As a result, there are numerous cases KC-135 TANKER ternational Cooperation Year." Presi­ where owners have undertaken extensive Mr. TALCOTT. Mr. Speaker, I ask dent Johnson has asked that this occa­ improvements of their property and have unanimous consent that the gentleman sion be used to take stock of progress forced the States to pay in:fiated prices from Kansas [Mr. SHRIVER] may extend already underway in international co­ for highway rights-of-way. his remarks at this point in the RECORD operation and to chart new possibilities Under my bill, first introduced in the and include extraneous matter. of cooperation in the future. 88th Congress, the Secretary of Com- · The SPEAKER. Is there objection In this regard, I think the Members of merce would be authorized to advance to the request of the gentleman from the Congress will be interested in a new Federal-aid highway funds to any States California? book which has been written in connec­ for early right-of-way acquisition. There was no objection. tion with International Cooperation Year These funds would be free of any in­ Mr. SHRIVER. Mr. Speaker, I have by Richard N. Gardner, who has served terest and would not be charged against just returned from my home city of since 1961 as Deputy Assistant Secretary current Federal-aid apportionments. Wichita, Kans., where on last Saturday of State for International Organization January 19, 1965 CONGRESSIONAL RECORD - HOUSE 969 Affairs. The book is entitled "In Pur­ peaceful means if possible. The easiest ternational institutions. Today, it is hard to suit of World Order: U.S. Foreign Policy thing in the world to think of is to expand a imagine a world without them. and International Organizations." war. But the human race needs something This book is about the use of international "In Pursuit of World Order" is a else if we can find it." organizations in our efforts to achieve a vic­ A central purpose of U.S. foreign policy tory without a war-a decent world order in thoughtful and a thought-provoking under the Kennedy and Johnson adminis­ the interests of all mankind. It is not con­ book. It provides an up-to-date account trations has been to find this "something cerned with regional organizations in the of the efforts of the U.S. Government to else"-something that could lead to victory North Atlantic community, the Americas, promote the common interests of man­ without war, a victory of human dignity not or elsewhere--important as these are as step­ kind in peace and welfare through the just for Americans but for all men every­ ping stones toward our global objective. It United Nations and other worldwide or­ where. concentrates instead on the major world­ ganizations. It also deals with the prac­ It has been said many times but it bears wide organizations, mainly the United Na­ tical politics of adjusting the relations repeating: Such a victory will not be won tions and its specialized and affiliated agen­ through the subjugation of any people. It cies, most of which comprehend not only our of states without war. And it provides will not be won by force of arms--although allies but also uncommitted and Communist fresh insight into how the United Na­ the free world must have adequate military nations. tions system is developing and on what strength and the will to use it in defense of A realistic appreciation of the work o! lines it can evolve in the future. freedom. It will be won by painstaking these agencies is not a distinguishing fea­ As chairman of the Subcommittee on efforts to build the foundations of peace and ture of the contemporary scene. Discussion International Organizations and Move­ the general welfare of mankind. Moreover, of whether or not we should be in the United ments of the Committee on Foreign it will never be finally won-it will have to Nations is about as useful as discussion of Affairs, I have handled legislation relat­ be fought for and earned, every day, by our­ whether or not we should have a U.S. Con­ selves and our posterity. gress. What we really need is to accept the ing to the United Nations for a number Mankind is now divided by two competing fact that international organizations are here of years. I have been increasingly con­ concepts of world order--one based on co­ to stay and to turn to the much more diffi­ cerned about the growing number of ercion, the other based on consent. Because cult question of how we can use them better problems confronting that organization. of the kind of society we are at home, be­ to promote our national interest. We need The United Nations, as we are only too cause of the kind of order we seek abroad, to discuss the U.N. and other international well aware, is facing perhaps the most we cannot simply impose our views on other organizations in operational rather than in serious crisis in its 20-year history. This peoples. Our method of building a world symbolic terms. We need to consider in pro­ order is much more difficult than the Com­ fessional detail just what these agencies do makes it all the more important that the munist method, but it is also much more and how they could do it better. American people have available a clear durable. It is through free association with Both the uncritical admirers of the U.N. and balanced account of the way the other nations in bilateral, regional, and and its uncritical opponents do a disservice United States has sought to promote its global diplomacy. to the institution and to U.S. foreign policy. enlightened self-interest in a decent Much is heard these days about the pro­ One group regards any criticism of the U.N. world order through international orga­ tection of national sovereignty. But if sov­ as profanation of a religious shrine; the nizations. By preparing such an ac­ ereignty is more than a sterile legalism, if it other never fails to point out the yawning . count, Mr. Gardner, in my opinion, has means the real power of a nation to assure by chasm between U.N. aspirations and U.N. itself the security and welfare of its citizens, accomplishments. Neither group looks at rendered valuable public service. then it is obvious that no nation is any long­ the U.N. for what it is-a reflection of a An extra bonus in the book is the lucid er truly sovereign. It is one of the great turbulent and divided world, an arena for foreword by Harlan Cleveland, who is paradoxes of our time, and undoubtedly a the interplay of national power, a limited known to most of us for his distinguished major source of public frustration, that the instrument for the voluntary association o! service as Assistant Secretary of State most powerful nation in the world is less nations in areas where the interests uniting for International Organization Affairs. able to employ its power alone, in pursuit of them are stronger than the interests divid­ I think the Members of the Congress national ends, then at any previous point in ing them. All too few of those forming history. Compared to the destructive power judgments about the U.N. bring to the sub­ may also be interested to know that Mr. the United States possesses today, all the ject even a fraction of the professional at­ Gardner wrote this book while carrying destruction wrought in previous wars is, in tention they apply to local or national poli­ on his responsibilities in the Department President Johnson's words, "like a firecracker tics-to speak of the conduct of their private of State and that he is assigning all his thrown against the sun." Yet the achieve­ affairs. This is unfortunate, for. the path to royalties to the American Foreign Service ment of minimum security for the American world order wlll not be found by those who Scholarship Fund and the United Nations people depends in part upon cooperation are negligent of details, indifferent to obsta­ fMm other countries-even from our great­ cles, and hell bent on final solutions- . Association. est adversaries. whether in the form of a military show­ Mr. Gardner's introduction to his vol­ What is true of security is true of other down or instant world government. ume is an excellent summary of the essential goals of our national policy. We Those who would make a responsible con­ crisis which now faces the United Nations can no longer assure the material well-being tribution to foreign policy-particularly to and the approach our Government is of American citizens by acting alone. The the field of multilateral diplomacy--should taking to it. cooperation of other nations is now essen­ combine a passionate dedication to long­ Under unanimous consent, I place it tial to protect our balance of payments, to term goals with a sober appreciation of the assure us of access to raw materials and in the RECORD at this point: difficult tasks of institution building that lie markets, to maintain the safety of our air along the way. Technological and political INTRODUCTION TO "IN PURSUIT OF WORLD and ocean transport, to enjoy the full bene­ imperatives are pressing the United States ORDER'' fits of space technology in communications and other nations more and more to work (By Richard N. Gardner) and weather forecasting, and generally to through international institutions to pro­ Not long ago, Secretary of State Dean Rusk bring about the kind of world environment mote their basic interests. Yet we also live was asked in a television interview whether congenial to our continuing prosperity. in an era of resurgent nationalism which the United States was pursuing a "no-win" All this is obvious. What is less obvious places severe limitations on what can be foreign policy. The answer was delivered in is that to encourage the cooperation of other done in the short run. the closely reasoned phrases that are his nations which is necessary for our security President Johnson has asked that 1965-­ trademark: and welfare, we have had to develop a new which the United Nations has officially des­ "Well, I would not agree with this. What arm of diplomacy. This new diplomacy is ignated "International Cooperation Year"­ we are trying to accomplish in this world­ carried on through international organiza­ be used to take stock of the international the American people and most people in tions. That is why President Johnson has cooperation already underway in interna­ most other countries-is a victory for free­ pledged this country "to do its full share tional institutions and the ways in which dom, for the independence of states and the to assist in the development of sound, effi­ it can be strengthened. This book is de­ freedom of peoples • • • a victory for a de­ cient international organizations to keep the signed as a contribution to that effort. It is cent world order under conditions o! peace, to resolve disputes, to promote peace­ natural, therefore, that it should emphasize law • • •. ful change, to conduct a world war against the positive more than the negative side of poverty, to exchange technology, and for "Now we know that this struggle for free­ the equation-the constructive ways in other purposes." dom is constant, it is implacable, and it is which we and other nations have pursued necessary to win it. But you would not win Someone once said that all revolutions seem impossible before they occur and inev­ our common interests and the new possi­ it by a vast military orgy which would bring bilities we have for doing so in the future. into jeopardy the existence of the Northern itable after they occur, an observation that It is all too evident what international or­ Hemisphere • • •. applies well to the diplomatic revolution of "The problem here is to make it very clear the last generation. At the beginning of ganizations have failed to do; the story of that the vital interests of the free world World War II, it would have been difficult what they have succeeded in doing is largely will be defended with whatever is necessary. to conceive of the vast array of important unknown and therefore needs telling. Be­ But the problem also is to defend these by functions now being discharged through in- sides, we can usually get better results in CXI--62 970 . CONGRESSIONAL RECORD - HOUSE January 19, 1965 dealing with the shortcomings of interna­ some of the members would be reluctant to velopment is not likely to prosper if the tional organizations by working to correct give explicit endorsement to some of the im­ countries that bear the principal burden of them through quiet diplomacy than by de­ plicit powers that have been granted to the supporting it lose confidence in the consti­ nouncing them from the rooftops. organization over the years. The fact is that tutional integrity of the system. Emphasis on the positive contribution of the charter is a better instrument for the How the United Nations survives this international organizations does not mean achievement of U.N. purposes than any that emerging crisis will be determined by the we are uncritical. It would do no service to could be negotiated today. The same ls response of four groups of members: U.S. foreign policy-or to the United Na­ true, by and large, of the constitutions of The first group includes the Soviet Un­ tions--to hug that organizai(ion to death. other major international agencies. ion and other Communist countries. In re­ We must continue to view the U.N. at a dis­ It is a very large question whether the im­ cent months, Soviet leaders have said un­ tance sufficient to permit a realistic look at pressive growth in the responsibilities of in­ commonly generous things about the im­ its strengths and limitations and a clear ternational institutions recorded in the last portance of strengthening the peacekeeping appreciation of where and how it touches our two decades and analyzed in this book can work of the United Nations. Yet as these national interest. Our approach to the continue in the years ahead, or whether we words are written, the Soviet Union still United Nations and other international agen­ are in for serious disappointments in our refuses to pay its peacekeeping assessment s cies is therefore pragmatic. In determining efforts to achieve a decent world order. or negotiate meaningfully on new procedures whether to pursue a particular foreign­ . "Crisis" has become an overworked word, for peacekeeping operations. In the final policy interest in international agencies, we but it is no exaggeration to say that the analysis, the peacekeeping work of the Unit­ weigh the disadvantages as well as the ad­ system of international institutions of which ed Nations must continue-in the future as vantages. the U.N. is the center is now in crisis. The it has in the past--even without the coopera­ Law in our society has been well defined future of that system, and the pace of prog­ tion of the Soviet bloc. Yet it is obvious as consisting of "the wise restraints that ress toward world order, will be determined that Soviet cooperation is greatly to be de­ make men free." In the international com­ to a large extent by what takes place in the sired and that continued Soviet opposition munity, some restraints on the use of na­ vital period between the opening of the 19th will make progress more difficult. tional power are obviously required in the General Assembly near the end of 1964, and The second group includes those countries common interest. Other restraints may be the close of International Cooperation Year from Africa and Asia which have recently undesirable or impractical because common 13 months later. achieved independence. Many of these interests do not exist. International institu­ During this relatively brief span, the na­ countries describe themselves as "uncom­ tions require exchanges of mutual restraints tions of the world will be required to make mitted." This term causes no problem if it and reciprocal concessions by the partici­ decisions of unprecedented difficulty. They means uncommitted as between parties, for pating countries. And in each case, it is will be faced-if the Soviet Union and other rigorous adherence to an independent stance right and proper for the United States, as countries do not cease their financial boy­ often serves the cause of freedom as well as well as other countries, to ask whether the cott--with the application of article 19 of choosing sides in the cold war. But the term restraints and concessions undertaken by the U.N. Charter, providing for loss of vote is dangerous if it means uncommitted as to others are adequate compensation for the in the General Assembly to members more values, if it means that on any given sub­ restraints and concessions undertaken by than 2 years in arrears in their assessed con­ ject, a country or a person takes a position ourselves. tributions. They will consider new arrange­ that is halfway between the positions of the The central thesis of this book is that the ments for the initiation and financing of United States and the Soviet Union. Such a pragmatic balancing of the advantages and peacekeeping operations-arrangements giv­ policy is the very negation of independence, disadvantages inherent in this system is ing a larger voice to the large and middle for it makes the country or person applying it yielding positive results over a widening powers that bear the principal responsibil­ a dependent variable whose position on any range of subject matter. But not all govern­ ity for supporting them. They wm have given subject is determined by where the ments share this conclusion. This is not to decide whether or not to ratify charter great powers stand. The day the members because the national interest of their coun­ amendments enlarging the Security Council of the United Nations decide to be uncom­ tries would not be furthered by the con­ from 11 to 15 members and the Economic mitted to the principles of the charter, the tinued strengthening of international orga­ and Social Council from 18 to 27-a question organization will cease to exist. nizations. On the contrary, as this book which in the United States is certain to stim­ If the Soviet Union fails to alter its policy argues, the long-term interest of all coun­ ulate a wide-ranging review of th~ decision­ on U.N. peacekeeping operations in the tries in survival and welfare requires a steady making process in U.N. organs. months ahead, it will test as never before the buildup of international institutions. Yet But the months ahead wm be a time for attitudes of the newly independent nations. for one reason or another, the leaders of decisions not only about peacekeeping opera­ The very future of the United Nations may some countries do not share this concept of tions, but also about cooperative endeavors be decided by the determination with which the national interest or are not prepared to for the general welfare of mankind. The these countries implement their commit­ act upon it. Not only are they reluctant members of the U.N. wm try to establish new ments to the charter in the face of Soviet to undertake bold new reforms 1n the direc­ machinery to deal with the trade problems opposition. If they respond to this new tion of closer international cooperation; they of the developing countries. They will con­ crisis as they have responded to simllar crises are resisting some of the forms of interna­ sider proposals to merge the central U.N. in­ in the past, they will rally to support the tional cooperation we already have. stitutions providing preinvestment aid in organization, out of a recognition of their This situation helps to explain why the less developed countries. They will take a basic interests in a stronger United Nations U.S. Government has been unenthusiastic second long .look at the world population working in pursuit of freedom and economic about proposals for a conference to review problem and possibly measures to deal with advancement for all nations. and amend the United Nations Charter. it. They will make fundamental decisions The third group includes the countries of Some of the proponents of this idea believe about the work of the U.N. system in in­ Latin America and the older nations or such a conference would help to transform dustrialization, housing, and provision of Africa and Asia. In past years, they have the U.N. into some kind of world govern­ food to less-developed countries. They will helped to encourage a responsible dialog be­ ment; others believe it would at least examine pressing issues of human rights and tween the industrialized countries and the strengthen the organization in :fundamental the adequacy of existing machinery to deal new members of the United Nations. Much respects. But amendment of the charter re­ with them. And, outside the U.N. itself, depends on how they play this role in the quires approval not only of two-thirds of the decisions will be made in the most ambitious future. member states but specifically of the So­ negotiation ever undertaken to reduce trade The fourth group includes the United viet Union, France, and other permanent barriers and on new measures for strength­ States and the other countries of the North members of the Security Council. If one ening the world's monetary system. Atlantic Community, together with Aus­ examines carefully the attitude of U.N. mem­ These problems and prospects are consid­ tralia, New Zealand, and Japan. These bers toward specific proposals for strength­ ered in detail in the following chapters. It countries have provided the main material ening the organization, one quickly discovers may be appropriate at this point to under­ and moral support for the United Nations that the most likely consequence of whole­ line the critical importance of the decisions and other international organizations. The sale revision of the charter would be to di­ facing the U .N. in the peacekeeping field. unusual obstacles that now obstruct the minish rather than enhance the strength of Will the fiscal and constitutional integrity path to world order demand of them a much the organization. of the organization be maintained in the more unified and effective effort in the The Charter of the United Nations, like face of opposition from some of its mem­ future. Such an etrort wm require a broader the American Constitution, is a framework bers? Will improved procedures be found consensus than now exists on the ways 1n for organic growth in response to new de­ for initiating and financing peacekeeping which the North Atlantic nations and their mands and changing realities. The United operations? The answer to these questions Pacific partners can employ international Nations has been able, within the context cannot fail to have a decisive influence on institutions to promote the common interest of the charter, to assume ever greater re­ the future of the United Nations not only in peace and welfare. The development of sponsibilities in the service of its members' as an instrument for peace and security but this consensus should be an urgent item of long-term interest. An attempt to re­ also as an instrument for the promotion of public business for all these countries. write its constitution would arrest the con­ the general welfare. The work of the United As anyone fammar with government tinued growth of the United Nations, for Nations system in economic and social de- knows, the making of policy is a corporate January 19, 1965 CONGRESSIONAL RECORD - HOUSE 971 rather than individual effort. While the The SPEAKER. Is there objection clean river forming the boundary be­ author has helped to shape the policy of our to the request ·of the gentleman from tween Minnesota and Wisconsin. Government on most of the subjects dis­ Missouri? Senator NELSON'S speech, which fol­ cussed in this book, he has been but one lows, should be read by all Members of small part of a very large enterprise in which There was no objection. many others h ave shared. This volume is Mr. MONAGAN. Mr. Speaker, I have Congress: the result of a personal effort and the re­ today introduced a bill to authorize the STATEMENT BY SENATOR GAYLORD NELSON BE­ sponsibility for any shortcomings in exposi­ temporary release of 100,000 short tons FORE A JOINT HEARING BY T.HE MINNESOTA tion or argument rests solely with the author, of copper from the national stockpile. CONSERVATION COMMISSIONER, WAYNE OL­ yet it must be emphasized that the final In addition, I have today addressed a SON, AND THE MINNESOTA WATER POLLUTION manuscript draws greatly on the suggestions letter to Edward A. McDermott, Director CONTROL COMMISSION IN STILLWATER, MINN., of many government colleagues. of the Office of Emergency Planning, to JANUARY 14, 1965 Every book reflects the particular perspec­ request that he continue his discussions I appreciate the opportunity to appear here tive of its author. The character of this today before this joint hearing of the Minne­ book would have been different had I never with other Federal agencies and repre­ sota Conservation Commissioner and the left Columbia University to become a State sentatives of the copper industry to de­ Minnesota Water Pollution Control Commis­ Department official. In government, the view termine whether additional relief can be sion. I want it to be clear at the outset that is different (not necessarily better or worse) provided administratively to alleviate I am appearing here today on my own time from what it is in private life. Moreover, immediately the hardships caused to the and expense as a private citizen. I represent subjects must be handled differently on the industry by the current shortage of the and speak only for myself. Though I grew printed page. The government official bene­ metal. up in a fine little village not far from the fits from inside knowledge, but he also ob­ I was happy to announce in Decem­ banks of the St. Croix, my prime concern over serves restraints that are vital to the con­ this river is neither parochial nor nostalgic. duct of modern diplomacy. ber the receipt of a communication from It is the same broad concern that all con­ John F. Kennedy liked to quote the Director McDermott in which he in­ servationists have · about these matters ancient Greeks' definition of "happiness"­ formed me that he had authorized, at whether it be the wilderness of the West, the "the exercise of vital powers in a life afford­ that time, the sale of 20,000 tons of cop­ Redwoods of California, the Indiana dunes, ing them scope." Those who came to Wash­ per from the Defense Production Act or the Appalachian Trail of the East. ington in the spring of 1961 were blessed with inventory. Last October there were 30,- This morning I want to speak briefly about an extraordinary opportunity to enjoy that 000 tons of stockpile copper released for conservation as an issue in American life, kind of happiness. It was a particular joy use by the Bureau of the Mint. The and about why it has been for so long an up­ for one whose central professional interest producers of copper in my district have hill fight and why, I believe, the tide must has been the development of international turn now or the cause be irretrievably lost. law and organization to find himself with a informed me that the release of 20,000 I hope to outline the compelling reasons broad mandate to assist in the development tons of copper to the industry will be why the St. Croix River ought to be reserved of U.S. policy in the United Nations and helpful, but that it will not solve the for recreation development, and why this wm other international organizations. It was problem of market stability. It has been be in the best interests not only of the Na­ still a greater privilege to be associated with estimated that it would take from 6 tion and the metropolitan area, but even of a. group of men and women dedicated to the months to a year for distributors to meet Washington County, Minn. same concerns and embodying the best com­ current demands and I have, therefore: The agencies holding this joint hearing are bination of thought and action-thinkers the only public agencies that have any power and doers in the best sense of both words. First. Asked for further administra­ under present legal arrangements to consider The person responsible for bringing me to tive action. the broad issues involved in this dispute. I Washington and the guiding force in the Second. Filed legislation authorizing hope that you take these broad issues into development of the ideas contained in this the Director of the Office of Emergency consideration and that you examine the in­ book has been Harlan Cleveland, Assistant Planning to make available to domestic formation now being gathered by the Fed­ Secretary of State for International Orga­ producers of copper 100,000 short tons eral-State Task Force on the St. Croix before nization Affairs. My indebtedness to him, in­ under such rules and regulations as he you reach your decision. tellectually and otherwise, is infinite. I owe may prescribe. One of the terms would With President Johnson's commitment to a similar debt to Ambassador Adlai Steven­ protecting our natural heritage and to pre­ son, who continues to be an inspiration for be the requirement· that the producers ventive action on water pollution, the all those beating paths to world order. I receiving such copper agree to re~tore it nationwide conservation movement has should also like to mention the other lead­ in equal amount and grade not later taken on a new political luster. ing members of the team who helped to than 1 year after its receipt or, in the Let me quote for a moment from the shape U.S. policy in international organiza­ event of an emergency as determined by state of the Union message: tions in the Kennedy-Johnson administra­ the President, not later than 60 days "For over three centuries," the President tion, and whose contributions are reflected after notice thereof. said, "the beauty of America has sustained here--my colleagues Joseph J. Sisco, Elmore Mr. Speaker, the industry and the our spirit and enlarged our vision. We Jackson, and Thomas W. Wilson. And it is must act now to protect this heritage." difficult to overestimate the continuing con­ economy of my district are dependent This statement reflects both wisdom and tribution to policy made by the extremely to a major degree upon the availability hard political sense. The wisdom is fa­ able members of the career service in the of copper. Similar bills have been filed miliar to all of us from our schoolday ac­ Bureau of International Organization Affairs, by some of my colleagues. I hope that quaintance with John Muir, Henry Thoreau, surely one of the most extraordinary con­ the House will support us in this en­ and the other greats of the long, but losing centrations of talent in this or any other deavor. 19th century battle to preserve some of government. Special thanks must be given our natural wilderness. to Mrs. Mary Frances Keyhole. who dis­ Wisdom has often seemed a kind of charged with her usual good nature and SENATOR GAYLORD NELSON SAYS euphemism for the attractive but. impracti­ efficiency the difficult assignment of prepar­ cal position in that battle. ing this manuscript. "KEEP ST. CROIX RIVER CLEAN" But times are changing. President John­ Grateful acknowledgment is hereby made Mr. HUNGATE. Mr. Speaker, I ask son is as much a reflection of that change to Foreign Affairs, the Saturday Review, and unanimous consent that the gentleman as he is its leader. the New York Times Sunday Magazine for from Minnesota [Mr. FRASER] may ex­ The day when short-term economic gain permission to use material originally pub­ tend his remarks at this point in the could easily win over long range public con­ lished in those periodicals. servation interests is about at an end. The RECORD and include extraneous matter. vital need to preserve what is left is widely The SPEAKER. Is there objection recognized. LEGISLATION DESIGNED TO TEM­ to the request of the gentleman from To put it bluntly: There is a rapidly Missouri? growing public interest in conservation that PORARILY RELEASE 100,000 There was no objection. just was- not there before. Perhaps some SHORT TONS OF COPPER FROM Mr. FRASER. Mr. Speaker, an elo­ people care now who did not before be­ NATIONAL STOCKPILE quent appeal for conservation of our cause they have the money and the leisure to enjoy the out-of-doors; or perhaps it is Mr. HUNGATE. Mr. Speaker, I ask river resources was made by Senator because increasing tens of thousands of unanimous consent that the gentleman GAYLORD NELSON, of Wisconsin, last people in our vast metropolitan wastelands from Connecticut [Mr. MONAGAN] may Thursday, January 14. He appeared in finally sense a growing isolation from nature; extend his remarks at this point in the Stillwater, Minn., at a hearing on the or because of the dawning awareness that RECORD and include extraneous matter. future of the St. Croix River, a beautiful the children have no place to play, the adults 972 CONGRESSIONAL RECORD - HOUSE 1 January 19, 1965 no place to relax in peace and the en­ terests, except in areas of marginal economic of quiet have reclothed its banks with trees vironment no place to accommodate the utility, have almost always lost the contest. and stabilized its -soil with grass. Now it beauty and wonders of nature. Whatever No single one of these lost contests loomed has been studied as a wild river, part of a the reasons, there most certainly is a de­ large in. the total picture. But down through new Federal program for the preservation veloping sense of dismay over the wanton the decades these thousands of lost contests of our dwindling supply of undeveloped destruction of our resources. have spelled the destruction of a major por­ streams. It looks like the upper St. Qroix I think one little-noted element in this tion of America's resources. is going to be preserved. We can all be change is a new recognition of the vital In this way, most of the great rivers of grateful. economic importance of outdoor recreation. America have been systematically destroyed, The towns of the lower St. Croix thrived According to the highly regarded report in the name of progress. on timber fortunes and related industrial to the President of the Outdoor Recreation George Washington dreamed of the Na­ development while the upper valley was be­ Resources Review Commission ( ORRC re­ tion's capital on the beautiful Potomac, the ing stripped. port) , outdoor recreation is a $20 billion a river praised by early travelers for its excep­ The magnificent period architecture in year business-and it is growing by leaps and tionally sweet water. Stillwater is a tribute to those prosperous, bounds. But since Washington left us with his highhanded old days. - The report, by the way, makes at least two · dream, tons of silt from exhausted tobacco But since World War I, the lower St. statements directly relating to the decision plantations, acids leeching into the river Croix valley has been industrially becalmed. before this hearing: from abandoned mines, industrial wastes Local citizens have kept up their hopes for First, it states that the recreation resource and half treated sewage have fouled this a rebirth of industry, but without any luck. in greatest demand and shortest supply is once sweet river and turned it into a national In 1938, as Mr. Chester Wilson so eloquently water-oriented recreational areas handy to disgrace. Stand on the lawn in front of explained at our Senate subcommittee hear­ metropolitan areas. George Washington's Mount Vernon home ings in December, the U.S. Army Corps of Second, it says, the area of the Nation that today, gaze across the broad expanse of the Engineers completed a 9-foot barge channel by 1980 will have the largest demand for out­ Potomac, and your view will be scarred by a 23 miles up the river to Stillwater in hopes door recreational facilities is the north cen­ sign proclaiming: "Danger, polluted water." of attracting industry. tral census region. As you know, the Twin The U .s. Corps of Engineers has proposed Washington County is already part of the Cities are the great population center for the to spend $500 million to build a system of Twin Cities metropolitan area. Even in 1960, western part of that region. dams to flush out this scenic sewer. And according to the census, 50 percent of the It may be hard to realize for those who now the President is thinking in terms of a county's wage earners worked outside its bor­ have lived their lives in the St. Croix Valley, multi-million-dollar program to restore ders-in the Twin Cities, of course. The but Minnesota and this entire region have some measure of the river's great reputation. pressure on the schools of Free School Dis­ a priceless recreation resource in this river­ Call the role of the great American rivers trict 834 comes from the children of Twin a clean, large, spectacularly beautiful river of the past, and you will have a list of the Cities' workers who are making their homes within a half hour's drive of a major popula­ pollution problems of today-the Andro­ in this beautiful county. tion center. scoggin in Maine; the Connecticut, that By the year 2000-only 35 years away I am appearing here today to express the boundary water between the Green Moun­ (those of you who remember 1930 will real­ hope that you preserve this river in its pres­ tain and the Granite States; the mighty ize what a short time 35 years is)-the Twin ent state for yourselves and as a heritage for Hudson; the thermally polluted Delaware; Cities area population will hit the 2 million those who come after you. the Ohio; the Mississippi; the Missouri; and mark, according to a report by your metro­ The President said: "For 300 years the even your Minnesota, covered from time to politan planning commission, and Stillwater beauty of America has sustained our spirit." time by flotillas of sugarbeet chips. will be practically downtown. Under industrious cultivation our rich and The story in each case is the same: they "In our urban areas," President Johnson beautiful land not only sustained· our spirit died for their country. They died in the said in his state of the Union message, "the but has made us rich beyond our greatest name of economic development. central problem today is to protect and re­ dreams. And now we must spend vast amounts of store man's satisfaction in belonging to a We have always been grateful, but I fear money if our people are not to become sick community. we have too often forgotten the need to con­ from their dying. "The first step is to break old patterns-to serve as much as possible of this rich inherit­ The story of America's commercial devel­ begin to think, work, and plan for the de­ ance we have received. Everyone, or nearly opment, which is in large part the story of velopment of entire metropolitan areas." everyone, is in favor of conservation-in her rivers, is a glorious one. We all benefit. Now, but even more in the years immedi­ principle. But in fight after fight, the gen­ But we are only beginning to reckon the ately ahead, this great and growing metro­ eral public interest in conservation has lost price we must pay for the foolish squander­ politan area will need the St. proix as .a rec­ out to the specific local interest in commer­ ing of our limited supply of clean water. reational resource, not as an industrial site. cial development. The story of America's rivers warns us Despite its sparkling array of lakes and Perhaps the conflict goes back to the day against that American spirit of optimism woods the Twin Cities area, again according when the white man first faced the original that presumes there is always more to be to the metropolitan planning commission American. had and more to be carelessly wasted. report, is even today short of outdoor recrea­ The white man brought from Europe ideas The vision of the frontier, with its promise tional facilities. In fact it has only 30 per­ of land management very different from the of untapped land and fresh opportunity has cent of what is considered desirable (10 acres Indian's. always been part of our dream. It has not, for every 1,000 residents). The Indian had great reverence for the however, been part of our reality for some 70 . The Upper Midwest Research and Develop­ land. He knew he depended upon it for life years. We are only now coming to realize ment Council reports that in the next 15 .itself. The fruit of the earth confirmed the this fact. years the Twin. Cities area will bear the brunt generosity of the gods. The land belonged We must act now to plan, and to husbana of the continuing migration- from the small µot to the individual, but to all his people. t.his heritage of land and water carefully. towns and farms of the north central region. The white man, of course, thought in Our long tradition of private land ownership With incomes going steadily up (the gross terms of individual exploitation-too often and management makes these things very national product is predicted to jump 95 per­ for private gain at public expense. difficult for us, but we are learning. cent in the next 15 years) and more and more It is only gradually that we are coming to It seems logical to me that some rivers leisure time available, the need for and de­ see that there is much truth for us in the ought to be working rivers, kept as clean mand for outdoor recreation in the beauti­ original American's idea. · as possible, but recognized and designated ful lower St. Croix Valley will be enormous. Thoreau and Muir, and our other early as industrial and commercial arteries. The Conservationists usually find themselves conservationists, had a good deal of the In­ Mississippi is a most obvious candidate for in the position of arguing for abstract values dian about them. But the fight they waged classification. against men holding gilt edge balance sheets. was little more successful than the Indian's. Others ought to be classified as wild We are beginning, however, to develop some In most conservation contests-whether rivers, and still others as recreation rivers. facts that help explain the dollar value of over the use of the Indiana dunes, of the Your favorite trout stream most certainly green space and recreational areas. Redwoods of California, or the St. Croix­ ought to be protected in a w~ld state. Rivers For instance, it was discovered in New York there is usually a sizeable group of local like the lower St. Croix, that offer unusual City that, over a 15-year period, property people willing to grant the validity of the potential for recreational development, located on Central Park increased 18 times conservationist's arguments, but bowing in ought to be set aside for wise recreational in value while similar property away from this specific instance to the strong local eco­ development, especially when there are the park only doubled in value .. nomic interest in the development of a spe­ working rivers nearby. In Washington, D.C., it has been demon­ cific forest, river, or bit of lakeshore. The St. Croix is the last large clean river strated that the total investment in lovely The fight has been unequal-eloquent near a major metropolitan area in all of the Rock Creek Park has been more than paid spokesmen preaching lofty conservation gen­ Midwest. If we don't halt commercial ex­ for by the increased tax income on the prop­ eralities on the one hand, determined people ploitation here, where shall we stop? erties near the park. seeking their bread and butter on the other. The upper St. Croix is a river that got a Those who fear that without heavy in­ The country has always seemed so vast, second chance. By 1903 the stripping of dustry Stillwater is doomed to be just an­ its resources so endless, and economic prog­ the valley's forests had left it nearly bare­ other dying river town are looking to the ress so American, that the conservation in- and made the river towns rich. But 60 years past, not to the future. Recreation develop- January 19, 1965 CONGRESSIONAL RECORD - HOUSE 973 ment offers more in the long run than the must daily be decided in situation after sit­ property owners. The river must be made development of industry on the St. Croix. uation across the country. available to all the people of the area. The Northern States Power Co. proposes Whose responsibility is it? That is the purpose of the b111 I am draft­ to begin construction this year on the first Are we to ask Northern States Power Co. ing. of two coal-operated steam-electric generat­ officials to make their decision on the basis The future establishment of a St. Croix ing units at Oak Park Heights, Minn., just of the area's present and future recreational National Scenic Waterway would, of course, south of Stillwater. The first unit would needs? have no legal effect whatever on the North­ have a capacity of 550,000 kilowatts. It, The Washington County officials? For the ern States Power Co. proposal now before would have a 785-foot smokestack, a half­ taxpayer that $68 million plant is a well-nigh you. That decision rests with you. mile coal · pile, and require 660 cubic feet of irresistible tax windfall, although I believe river water per second for cooling and con­ there are some who see the long-range densing steam. The second unit, a 750,000- dangers. SEMIANNUAL SESSION OF THE kilowatt unit, would of course require even In the absence of any regional, or metro­ COUNCIL OF INTERGOVERNMEN­ more cooling water. politan planning authority, the appeal must TAL COMMITTEE FOR EUROPEAN Valley residents and thoughtful conserva­ be made to this joint hearing to take the tionists everywhere fear the heat pollution larger considerations into account. MIGRATION of the river, pollution of the air by the sul­ I am aware there are differences of opinion fur gases from the burning of low grade fuel, Mr. HUNGATE. Mr. Speaker, I ask over the scope of authority vested in the unanimous consent that the gentleman and the fiftyfold increase in barge traffic conservation commissioner by the words on the river that the first unit of the plant "health and welfare" in the pertinent section from Louisiana [Mr. WILLIS] may extend would require. In essence, this plant will of the statutes. These are matters over his remarks at this point in the RECORD simply and unnecessarily reduce the value which competent counsel are expected to dif­ and include extraneous matter. of the river for recreation at a stage in his­ fer. But since they do differ and the issue The SPEAKER. Is there objection tory when the trend should be sharply re­ is so important, it surely is a matter that to the request of the gentleman from versed. ought to be settled by the appropriate court Missouri? On the narrow question of water pollu­ before authorization is granted the company tion danger, I have no new information to There was no objection. to proceed. Mr. WILLIS. Mr. Speaker, it was my add. The Minnesota Water Pollution Con­ That there is a vested public interest in trol Commission is, I am confident, ·able to public waters as such is clear; that any rea­ pleasure to attend, in November 1964, the sift all the available evidence on that prob­ sonably liberal interpretation of the word regular semiannual session of the 29 lem. If the evidence shows that the op­ "welfare" raises the question of the stake of member-governments session of the eration of the plan will have any adverse ef­ the general public in this matter; that since Council of ICEM-Intergovernmental fect on the water quality or the ecology of this is a private utility with a monopoly in a Committee for European Migration­ the river, I am confident that the commission service area set by the Government, the com­ will either turn down the company's applica­ held in Geneva, Switzerland. The U.S. pany can hardly argue that a few months of · congressional delegation, of which I had tion for a permit to return heated water to delay will cause irreparable damage-while the river, or at least require the construc­ whatever damage is done by the plant to the the honor to be a member, was composed tion of the proper cooling towers to insure river will be irreparable. of the gentleman from Kentucky [Mr. the river against damage. Furthermore, I am advised that the com­ CHELF J, the gentleman froqi New Jersey I would like to raise one question, however. pany plans to proceed with construction on [Mr. RODINO], the gentleman from Colo­ The national power survey just released by other sites including the Mississippi in the rado [Mr. ROGERS], the gentleman from the Federal Power Commission indicates that years immediately ahead. it is generally considered sound .practice to New Jersey [Mr. CAIDLL], the gentleman limit stream diversion for steam condensa­ I ask again, would it not be reasonable to from Maryland [Mr. MATHIAS], and the tion to one-half the streamfiow. develop another site now, saving the lovely Senator from West Virginia [Mr. BYRD]. The first unit of the proposed Allen S. St. Croix for exploitation at some future time Permit me to say, Mr. Speaker, that King plant would require, I understand, 660 and only if absolutely necessary? the debates held in Geneva have once cubic feet per seecond, well over half the I know you all realize this is a case of national significance. It has attracted at­ more acknowledged the vitality and the 1,000 cubic feet per second which is the 10- usefulness of ICEM, an organization con­ year minimum flow of the St. croix at Oak tention of the press and magazines through Park Heights. Since the second unit of the the Midwest and from coast to coast. The ceived and founded by our lamented col­ plant is even larger than the first, I am New York Times, the Washington Post, the league and friend, Francis E. Walter, as anxious to see evidence behind the com­ Nation and New Republic have written stories a valuable and important instrument pany's assurances that no harm will be done and editorialized about it. serving not only humanitarian princi­ to the river by such massive withdrawal of During the past 100 years we have wrought ples and aims but-first and foremost-­ its waters. more wanton destruction of. our landscape vital U.S. interests in the field of our na­ I would like to make one other comment. than any previous civilization accomplished tional _immigration policy and world mi­ The company asserts that the additional cost in 1,000 years. We now say, what a pity our gratory movements. of constructing this plant on the Mississip­ ancestors didn't have the foresight to hus­ pi--say at the Prairie Island site, north of band our bouritiful resources more sensibly. The most important task facing ICEM Red Wing, Minn.-would not be great enough How much richer we would be both in es­ at the present moment is to find ways to affect the electricity rates. thetic and material wealth had they had and means to cope with a rising trend It has also argued the wisdom of develop­ more vision and more courage. Before this of demands from new refugees for re­ ing the St. Croix site now on the grounds that case is decided I think we all should ask our­ settlement. While the generosity of the power requirements of the Twin Cities selves this question: What are our grea.t­ many countries maintains their doors area in the years ahead will be so great that great-grandchildren going to sg,y about us a half century from now? open-Australia, Canada, South Africa,. all available sites must be developed at one Sweden, and New Zealand should be time or another' and the best time to develop I might add that beginning attempts at the St. Croix site is now. the industrialization of the St. Croix made mentioned at this point together with Given the fantastic pace in powe'l'plant de­ it clear that Federal action is needed to pro­ the United States operating under the sign and development--it was only in _1961 tect the national interest. refugee fair share law-the increase of that the first 500,000-kilowatt steam-electric Therefore, I am now drafting a b111 to make needs for expeditious movement of refu­ generating plant went into operation-would the entire length of the St. Croix and its Wis­ gees creates for ICEM additional finan­ it not be wise to hold off on using the St. consin tributary, the Namekagon, into a na­ cial difficulties. Croix site for the time being in the expecta­ tional scenic waterway. The current situation in the refugee· tion that new developments in plant capacity North of Taylors Falls the St. Croix would would make using the site unnecessary? be designated a "wild river" as envisioned in sector of ICEM's operations was pre­ The pollution questions you are expected the Federal study. A national recreation sented to the organization's Council by· to pass on. The larger questions, more cru­ area would be laid out along the lower St. ICEM's new Deputy Director Walter M .. cial really, raise perplexing p'l'oblems. ·croix. Besterman, who served as. our counsel The fact is that the fight over the location A number of Washington county people for over 19 years. of this plant reveals a gap in the fabric of our seem to feel that Save the St. Croix, Inc. is When Walter Besterman resigned from. institutions. It raises the question of land­ made up of wealthy yachtowners who want the staff of the Judiciary Committee last. use evaluation. There is no agency available to keep Lake St. Croix as their private play­ to resolve that question. ground. September to assume his post in Geneva . by­ This is a genuine, honorable conflict. This charge ls not based on fact. But the to which he was unanimously elected Which is to come first on the St. Croix­ fact is that if the St. Croix is to be made a ICEM's Council, the Speaker had this to power development or recreation and conser­ recreation area for all, careful planning must say about him, among other things: vation? Who can decide the question? begin now. Access points and riverside parks Besterman researched and presented the­ This case raises the age-old question of must be developed and proper zoning regula­ facts with a strict and inflexible integrity for· land use and resource use, a question ·that tions worked out in cooperation with local the whole truth and then he let the facts: 974 CONGRESSIONAL RECORD - HOUSE January 19, 1965 and the history behind them speak for them­ pages 4 and 9, inclusive, is summarized briefly words, this means that the task cut out for selves. When, as so often happened, his for the Council's convenience in two tables us by the member governments in years past counsel and personal advice were sought by added as an annex, with the very final figure will not be carried out in full as long as the those who were charged with the responsi­ at the right hand of the second page of the tools supplied us remain inadequate. bility for legislation and for action, he pro­ annex indicating what is the financial size Obviously, it is for the governments to vided it in a manner that cast a penetrating of the problem. It is $249,843, exactly 1 per­ determine to what extent and which part shaft of light on the facts of a situation. cent of this organization's total budget. of the task is to remain unfulfilled. The influx of new refugees arriving in The presentation of the current refu­ The paper under discussion makes it evi­ Western Europe shows a slight increase over dent, we believe, that we are faced now with gee problems by Walter Besterman was the last annual average which was approxi­ a refugee problem vastly different from the in his best tradition. No wonder he was mately 10,000. Most of the new refugees are one World War II left the free world to cope vigorously applauded by all present at the people that we have known for years: with. Save for a few exceptions, we are not the meeting, a very infrequent occurence Czechs and Slovaks, Yugoslavs, Poles, and dealing with displaced persons and refugees in Geneva meetings. Hungarians but, significantly, because of po­ as the international community knew them For the information of the House, his litical events an increasing number of Al­ in the past. Today, the refugee who desires address follows: banians. In addition to that, there is an to obtain a new lease on life is the victim increasing number of refugees transiting of circumstances which arose in the wake of STATEMENT MADE BY MR. W. M. BESTERMAN, through Western Europe to areas of resettle­ World War II, after the guns were silenced DEPUTY DIRECTOR OF ICEM, AT THE 193D ment. This category of refugees includes but the world did not obtain tranquillity nor MEETING OF THE COUNCIL OF THE INTER­ those who succeed in obtaining visas or stability. GOVERNMENTAL COMMITTEE FOR EUROPEAN other type of entry permit from the receiv­ What are the causes of the continuing MIGRATION, HELD AT GENEVA, NOVEMBER 10, ing countries prior to the time they leave the 1964, ON REF'UGEE MIGRATION presence of the European refugee problem? countries which they are abandoning. I shall attempt, Mr. Chairman, to sum­ Thank you very much, Mr. Chairman. I Althc,mgh, legally, the great majority of marize them, as briefly as I can. was requested by the Director to introduce refugees who apply for ICEM's assistance fall One, the continued existence of political to the Council document MC/INF/116, which within. the mandate of the High Commis­ systems not acceptable to many of those 1s being presented pursuant to a specific di­ sioner, they do not show in the statistics who are forced to live under them-that rective incorporated in Resolution No. 315, including camp inmates. The reason for produces more refugees. As someone said, document MC/663 of last May's session, and this is that voluntary agencies and ICEM people leaving the domains of oppressive additional views of the subcommittee on begin to process them for movement to areas regimes, "vote with their feet." Budget and Finance expressed in the course of resettlement before they obtain exit per­ Two, political events resulting in the crea­ of its meeting held in Washington in Sep­ mits. It is precisely for this reason that they tion of new sovereignties, many of which are tember. The document reaches the Council do not become camp residents. They do not founded on religious and racial bases-that forwarded by the executive committee under become a burden upon the countries of asy­ produces more refugees. lum and upon the international community action taken last week. The administration Three, new systems of persecution and dis­ respectfully ·Submits it as an information supplying fun(.is for care and maintenance. The Director has pointed out in his report crimination based on political, religious or paper, containing what we believe to be a racial grounds-that produces more refu­ comprehensive recital of the scope and the on ICEM's policy an1. programs that we take gees. principal chatacteristics of existing demand pride in the fact that, thanks to the efforts ' for movements of refugees to areas of re­ of the voluntary agencies and the improve­ Four, unfortunate manifestations of im­ settlement which have been opened to them ment of our own procedures, we are now mature, ~ften rampant nationalism directed through the generosity of various receiving moving to the receiving countries human be­ primarily against those who bear the stamp governments. ings not eroded by the depressing and de­ of belonging to those European nationalities moralizing influence of camp life. We also in whose name colonies were administered­ As we see it, the problem of European that produces more refugees. refugees is far from being solved. In fact, believe that we are contributing to the wel­ the contrary seems to be the truth. What fare and the interests of the countries of Five, successful attempts of some govern­ we consider to be legitimate demands for our first asylum by relieving them of the fi­ ments at forcing out of the countries those assistance grow in their size and in their nancial and administrative burdens stem­ whom they call members of the former rul­ complexity, while the need for timely as­ ming from maintenance of camps. ing and privileged classes-that produces sistance in the movement of refugees be­ Under the well thought out intent of the more refugees. comes more acute. framers of our charter, the Brussels resolu­ Six, the displeasure of some governments Fully realizing that because of a variety tion of 1951 and the Venice Constitution of with the disruptive influence of the flow of of factors ICEM is and will be prevented 1953, this organization does not operate messages in which a happily resettled refu­ from complying with every request for as­ under the legal definition of "refugee" as gee reports from the free world back home to sistance in the movement of refugees, the does the United Nations High Commissioner his unhappy relatives, his wife, child, par­ administration, under directives given us by and as did the old IRO. What prevails in ent, brother, or sister-that causes some gov­ our governing bodies, presents to the Coun­ our operations as far as determination of ernments, often after years of hesitation, to cil ·and all governments of good will, our refugee status is concerned, is ( 1) the his­ adopt the policy of "good riddance" expressed minimal 9.pproximation of the status of cur­ torical, traditional acceptance of the mean­ in an exit permit-and that produces the rent demand for assistance to refugees as we ing of that term, and (2) national criteria, family reunion cases. are able to assess it in the realistic con­ national policy determinations, and national All of these refugees are listed in our paper text of presently foreseeable income. legislative definitions used for admission pur­ in what we believe to be plain and judicious As I mentioned a while ago, Mr. Chairman, poses. Combining the two principles, ICEM language. It is in the document before you, there are two basic points to be considered: assists in the movement of refugees strictly sir. The appearance of each group is the (1) the size of the demand and (2) the need in accordance with the policy of the receiving direct result of one or more of the circum­ for timely assistance, if such is to be ac­ countries and under one overriding governing stances I tried to identify. corded at all. principle: availabillty of funds. All of them a.re Europeans, all of them First, how come we are faced with urgent The paper before you, Mr. Chairman, offers, stem from the same European stock that requests for movement of refugees while I believe, the opportunity for the unequiv­ in centuries and decades past settled Latin camps in Europe have been closed long ago-­ ocal application of these two principles in America, Australia, Israel, South Africa, with very few exceptions-and the United predicating the collective assistance to each Canada, and the United States. Nations High Commissioner for Refugees in­ movement upon the unencumbered freedom As I said, we full well realize that not dicates the need but for the movement of a of choice of each money-contributing and all of their number may receive our assist­ modest n-qmber of residual or handicapped immigrant-receiving government. Briefly, ance through your governments' generosity. cases? Who are the refugees who knock at what we are offering on these pages 4 to 9 of We nevertheless list them all as we believe our door for assistance? the document-what we are offering each that they are all entitled at least to beg for I am most happy, Mr. Chairman, to be government-is the opportunity to indicate assistance in their quest for a new happier able to report to this Council that this ad­ to us, specifically, the class or category of life. ministration has been and is receiving full refugees it desires to assist through the use Now, in the course of last week's discus­ and complete understanding and cooperation of our operational machinery. Thus, it is sions held in our Executive Committee there of the High Commissioner. In Rome, 2 weeks made abundantly clear, I believe, tp.at only was a very valid point raised, I believe, as to ago, where I had the honor to represent those refugees will be moved to areas of re­ the European and oversea community's ICEM at the meeting of the High Commis­ settlement for whose assistance funds are moral responsib111ty for the recognition that sioner's executive committee, we found provided. Consequently, as it was pointed persons abandoning certain Mediterranean wholehearted support expressed in one of out in our progress report, not all of the areas as a result of the various types of the resolutions adopted there. refugees requesting our assistance will be ac­ pressures I tried to describe may properly be Who are then the refugees who ask for our corded it. Our budget paper for 1965 which classified as refugees. assistance? The answer is given, I believe, the Council will consider subsequently brings Well, Mr. Chairman, personally, I think it on pages 4 and 9 of the document I referred out clearly, I submit, the fact that our will be presumptuous to suggest any policy to which I would invite the Council to ex­ refugee movements estimates are being ad­ determinations to any of the member gov­ amine. Also, the information contained on justed to budgetary realities. In simple ernments of ICEM. January 19, 1965 CONGRESSIONAL RECORD - HOUSE 975 Nevertheless, permit me to bring to the know, Mr. Chairman, that even perishable United States to participate in an increase in attention of the Council some actions taken goods are usually shipped under the label the resources of the Fund for Special Oper­ by my Government, by the U.S. Government. "Rush." ations of the Inter-American Development In the aftermath of the Suez crisis of 1956, Thank you, Mr. Chairman. Bank; to the Committee on Banking and realizing the change of attitude of certain Currency. countries of the Near East toward national 386. A letter from the President, Board of and religious minorities-in plain language, · GENERAL LEAVE, TO EXTEND Commissioners, District of Columbia, trans­ Christians and Jews-the Congress of the mitting a draft of proposed legislation to United States approved an amendment to Mr. ALBERT. Mr. Speaker, I · ask authorize the appropriation of funds for the the Refugee Act of 1953, which was then unanimous consent that all Members de­ maintenance and instruction of deaf, mute, on our statute books. Under that amend­ siring to do so may extend their remarks and blind children of the District of Colum­ ment the United States opened its doors to on House Resolution 126, which was bia; to the Committee on the District of certain closely defined refugees "from any passed today. ·columbia. country within the general area of the Mid­ The SPEAKER. Is there objection to 387. A letter from the President, Board of dle East,'' such area extending, under the Commissioners, District of Columbia, trans­ language of the law, "from Libya to the west, the request of the gentleman from Okla­ mitting a draft of proposed legislation to to Turkey on the north, Pakistan on the homa? amend the District of Columbia Fac111ty Act east, and Saudi Arabia and Ethiopia on the There was no objection. of 1942 to authorize the maintenance and south." The author of that amendment, repair of parking meters and payment for which became the law on September 11, parking meters from fees collected from 1957, and remains in full force at the present LEA VE OF ABSENCE such meters; to the Committee on the Dis­ time, was the then Senator John F. Ken­ By unanimous consent, leave of ab­ trict of Columbia. nedy, of Massachusetts. His amendment was 388. A letter from the President, Board of successfully piloted through the House of sence was granted to Mr. HOSMER

EXTENSIONS OF REMARKS

Retirement of Frank Fuller crosses that Frank bore with patience and the Vietnamese people the long su:ff ering fortitude was a broken leg which interfered and economic devastation of continued with his hunting and fishing. EXTENSION OF REMARKS I join his many friends in wishing him warfare. It would also avoid the con­ tinued financial drain and loss of life OF many years of happiness in his well-earned retirement. now being suffered by the United States. HON. A. WILLIS ROBERTSON Few Americans favor an immediate OF VIRGINIA and unqualified pullout. I believe the IN THE SENATE OF THE UNITED STATES Debate on U.S. Policy on Vietnam commitment we have given the leaders of South Vietnam and the concern we Tuesday, January 19, 1965 EXTENSION OF REMARKS have for the people there would make it impossible for the United States to with­ Mr. ROBERTSON. Mr. President, I OF ask unanimous consent to have printed draw immediately. Yet it is not too soon in the CONGRESSIONAL RECORD a state­ HON. GEORGE McGOVERN to discuss the terms on which a with­ ment by me concerning Frank H. Fuller, OF SOUTH DAKOTA drawal might ultimately be possible, and of the Associated Press. IN THE SENATE OF THE UNITED STATES to assess the long-term requirements for There being no objection, the state­ the settlement of an issue which is basi­ Tuesday, January 19, 1965 ment was ordered to be printed in the cally political, not military. During the RECORD, as follows: Mr. McGOVERN. Mr. President, a present struggle, we should not remain silent, with bated breath, as it were, STATEMENT BY SENATOR ROBERTSON continuing and, in my judgment, very constructive debate, on U.S. policy on waiting for a sudden resolution of the Along with many other Virginians, I am problem, which is most unlikely. going to miss Frank H. Fuller, who ls retir­ Vietnam is underway. Right now, I be­ ing from the Associated Press, after 38 years lieve, there exists "what amounts to a Rather, we should use, here in Congress as chief of its Richmond bureau. deadlock between the state of South and throughout the country, the exist­ As head of Virginia operations for the Vietnam, aided to an increasing extent ing deadlock to discuss alternative poli­ Associated Press, he has directed with em­ by the United States, and the Vietcong cies and forms of settlement, so that the ciency and speed the distribution of news to guerrillas, aided to an increasing extent American people, as well as the adminis­ many newspapers and radio and television by North Vietnam. It would be difficult, tration, will be better equipped to take stations throughout the State. Newspaper further action at an opportune time. readers seldom get to know the desk men of and probably impossible, for South Viet­ a news-gathering organization, who work namese forces to win a final military vic­ Prolonging the confiict indefinitely could quietly behind the scenes. But these are the tory, since there appears to be a grass only mean continued painful losses for men who see to it that we find out without roots cooperation with the Vietcong both sides. delay what happened a few minutes or a few throughout much of the countryside. On In this connection, Mr. President, a hours ago. the other hand, it would be equally dif­ debate over U.S. policy on Vietnam Mr. Fuller began his career with the Asso­ ficult for the Communist forces to was published in the New York Times ciated Press in the Atlanta bureau in 1923, magazine of January 17. The de­ shortly after his graduation from the Uni­ achieve a final victory over the South Vietnamese, with their strong U.S. mili­ bate was between the Senator from Ore­ versity of Georgia. Before coming to Rich­ gon [Mr. MORSE] and Henry Cabot mond, 4 years later, he served the Associated tary backing. The U.S. forces are un­ Press in Alabama, Arkansas, Mississippi, and doubtedly able to remain there indefi­ Lodge, former Ambassador to South Louisiana. nitely and to prevent a Communist take­ Vietnam. Both points of view-"with­ In addition to having many contacts with over in that manner; yet there is raised draw now" or "fight on to victory"­ Frank during my 32 years of service in Con­ with increasing frequency the question were presented clearly and cogently. I gress, we had another interest in common­ of whether we might achieve basically ask unanimous consent that this presen­ the love of the out-of-doors and an inborn the same results, over the long run, by a tation be printed following my remarks fondness for duck hunting. One of the negotiated settlement which would spare in the RECORD.