16108 CONGRESSIONAL RECORD- SENATE November 18 WitneS:S: His Excellency, our Governor, J. THE DIXON._YATES CONTRACT -SENATE Caleb Boggs, and our seal hereto aftlxed at Dover, this 12th day of November, in the year Mr. MONRONEY. Mr. President, in my opinion, one of the most deplorable THURSDAY, NOVEMBER 18, 1954 of our Lord, 1954. J. CALEB BOGGS, aspects incident to the Dixon-Yates con (Legislative day of Wednesday, Novem Governor. tract has been the lowering of the stand ber 10, 1954) By the Governor: ards of the Atomic Energy Commission, [SEAL] JoHN N. McDowELL, which heretofore has been an organiza The Senate met at 11 o'clock a. m., Secretary of State. tion completely removed from all politi on the expiration of the recess. cal ties and implications so far as the The Chaplain, Rev. Frederick Brown representation of the two· political par Harris, D. D., offered the following ORDER FOR TRANSACTION OF ties is concerned. The interjection of prayer: ROUTINE BUSINESS political lines into the Atomic Energy 0 Thou great Father of us all, we Mr. KNOWLAND. Mr. President, I Commission, which is of vital importance thank Thee for the glorious revelation ask unanimous consent that immediately to American industry and to the de that the heart of the eternal is most following the quorum call there may be velopment of our country, must be wondrously kind and that we can come as the customary morning hour for the greatly deplored, when we consider the little children, trustful and happy, to transaction of routine business, under damage such interjection has done to the God of love. All the tender beauty the usual 2-minute limitation on the Commission's vast and important of our human love and the care for others speeches. duties. which reaches out to their want and woe The PRESIDENT pro tempore. With A very splendid article was wr-itten on is the reflected radiance of Thy loving out objection, it is so ordered. the subject by the first Chairman of the kindness, even as moonlight but testi Atomic Energy Commission, Mr. David fies to the blazing sun, which fashions it E. Lilienthal, and published in the St. and throws its silvery mantle over the CALL OF THE ROLL Louis Post-Dispatch of November 15, earth. Since Thou art our Father, may Mr. KNOWLAND. I suggest the ab 1954. we not attempt to hide our sins from sence of a quorum. I ask unanimous consent that the arti Thee, but to overcome them by the stern '!'he PRESIDENT pro tempore. The cle may be incorporated in the RECORD comfort of Thy healing presence. Know Secretary will call the roll. at this point in my remarks. ing that we live in a universe where, The Chief Clerk called the roll, and There being no objection, the article while all is love, all is also law, reveal the following Senators answered to their was ordered to be printed in the Rl:CORD, to us the larger goodness that speaks names: as follows: through the unbending . order of the Abel Fulbright Mansfield THE POLITICALIZING OF AEC world. Aiken George Martin President Truman had nothing to do with And now, as we face the pressing con Anderson Gillette McClellan agency's power contracts or anything else, cerns of this day, may no passing irrita Barrett Goldwater Monroney always conferred with all members of Com Beall Green Morse tions rob us of our joy in one another. Bennett Hayden Mundt mission, former Chairman says; these meas Forgive us for our keenness in seeing Bridges Hendrickson MurraJ' ures were essential to keep it out of politics, human failings and our slowness in being Brown Hennings Neely into which it is now plunged. Bush Hickenlooper Pastore aware of the virtues of those who toil by Butler Hill Payne A LETTER TO THE EDITOR OF THE NEW YORK our side. May there be no sharp words Byrd Holland Potter TIMES that wound and scar. And may no rift Capehart Hruska Purtell The author of the following letter was of opinion widen into estrangement. carlson Humphrey Robertson Chairman of the Atomic Energy Commission Case Ives Russell from 1946 to 1950. He had been a member May there be nothing in this day's work Chavez Jackson Saltonstall of which we shall be ashamed when the Clements Jenner Schoeppel of the Board of Directors of the Tennessee sun has set, nor in the eventide of our Cotton Johnson, Colo. Smith, Maine Valley Authority from its inception, in 1933, Crippa Johnson, Tex. Smith, N. J. to 1946, the last 5 years as chairman. own brief day when our task is done and Daniel, S ..C. Johnston, S.C. Sparkman "The writer has been distressed to note we have finished the work Thou gavest Daniel, Tex. Kefauver Stennis that increasingly, during the past year or us to do. We ask it all in the Redeemer's Dirksen Kilgore Symington so, in' the press, in public discussions, and Douglas Knowland Thye in the public mind generally the Atomic name. Amen. Duff Kuchel Watkins Dworshak Langer Welker Energy Commission has come to be thought Eastland Lehman Wiley of, for the first time in its history, in terms THE JOURNAL Ervin Lennon Williams of political affiliations or obligations of its Ferguson Long Young members. On request of Mr. KNOWLAND, and by Flanders Magnuson "On important matters, such as the verdict unanimous consent, the reading of the Frear Malone .in the Oppenheimer case or the current Journal of Wednesday, November 17, Mr. SALTONSTALL. I announce that· issue over the Dixon-Yates power contract, 1954, was dispensed with. the Senator from Ohio [Mr. BRICKER] the conflicting views of the Commissioners .have been reported as if the AEC were a is absent by leave of the Senate on of bipartisan body, organized on political lines, SENATOR FROM DELAWARE ficial business. or even as an arm of the administration The Senator from Kentucky [Mr. Mr. WILLIAMS. Mr. President, I in power. CoOPER], the Senator from Oregon [Mr. "For example, Chairman Strauss (although present the certificate of election of my CoRDON], the Senator from Wisconsin he had served on the AEC for 3 Y:z years by colleague, the junior Senator from Dela £Mr. McCARTHY], and the Senator from appointment of President Truman) is now ware rMr. FREAR], to be a Senator from Colorado [Mr. MILLIKIN] are necessarily ·commonly identified in the press as a Re that State for a term of 6 years begin absent. publican member or an Eisenhower ap ning on the 3d day of January 1955. Mr. CLEMENTS. I announce that the pointee in contrast with Dr. Smyth, Mr. The PRESIDENT pro tempore. The Senator from Ohio [Mr. BURKE] and the Zuckert, and Mr. Murray, who were described certificate will be read. as the Democratic members, as the Truman Senator from Louisiana [Mr. ELLENDER] holdovers, or in similar political terms. The certificate of election was read, are absent on official business. and ordered to be placed on file, as The Senator from Tennessee [Mr. "AN UNDELmERATE CHANGE follows: GoRE] and the Senator from Florida [Mr. "This has now come to be more than merely STATE OF DELAWARE, a rna tter of the terminology of pUblic dis ExECUTIVE DEPARTMENT, SMATHERS] are absent by leave of the cussion and journalism. Dover. Senate on official business. "A fundamental transformation is in proc To the PREsiDENT OF THE SENATE OF THE The Senator from Massachusetts [Mr. ess in the very character of the body en UNITED STATES : KENNEDY] is absent by leave of the Sen trusted with the future of atomic science, This is to certify that on the 2d day of .ate because of illness. the vast atomic industry and nuclear weap November 1954, .J . ALLEN FREAR was duly The Senator from Oklahoma £Mr. oneering. chosen by the qualified electors of the State KERR] is necessarily absent. "That the change does not appear to have of Delaware a Senator from said State to been a deliberate one does not ma,ke the represent said State in the Senate of the The PRESIDING OFFICER (Mr. CARL• result any less disturbing, nor the potential United States for a term of 6 years, begin soN in the chair). A quorum is present. consequences, in the writer's opinion, less ning on t h e 3d d ay of January 1955. Routine business is now in order. injurious to the national interest. 1954 (:ONGRESSIONAL RECORD- SENATE 16109 "It therefore seems relevant to recal-l that wards, which was published in Human posure has resulted in protection to that Congress, in 1946, established :the AEC as a Events, of Washington, D. C., on No security. nonpartisan, not as a bipartisan, body. It vember 10, 1954. The above figures cover the 1953-1954 pe was to be nonpolitical, not bipolitical. riod when McCARTHY was Chairman of the "The members of the first Commission There being no objection,. the article Senate investigating group. He was active were not appointed as Democrats or Repub was ordered to be printed in the RECORD, tor only 14 months, having been immo~ilized licans. as follows: since March 1954, by two investigations of "The Democratic National Committee, McCARTHY's RECORD his activities, the latter resulting in recom Democratic Members of Congress, and Presi (By Willard Edwards) mendations for censure on the grounds of dent Truman, either as head of his party or senatorial misconduct. as Chief Executive, had nothing whatever to During the next 4 or more weeks, the faults and virtues of Senator McCARTHY, Re From 1950 to 1952, McCARTHY was a one do with AEC's contracts for · power supply, man investigator. He produced a list of 81 tor equipment, the location of plants, or the publican, of Wisconsin, will be violently security risks in the State Department, nam employment of personnel. debated. Then a vote will be taken on whether he should be officially reprimanded ing among others Owen Lattimore, Philip C. "All the Commissioners joined in the Jessup, John Carter Vincent, Haldore Han AEC's communications to the President; ma for rough and contemptuous language and son, John Stewart Service, Oliver E. Clubb, conduct in his role as chairman of the Sen jor policy discussions with the Chief Execu and Edward G. Posniak. All of the 81 per tive were almost invariably between the ate Permanent Investigations Subcommittee. Five "lame-duck" Senators, repudiated by sons on McCARTHY's list have since left the President and the entire Commission. Government's employ by dismissal or resig "Such practices were deemed essential to the voters at the polls, will participate in that vote. Two others, who are ending their nation. The last State Department employee, promote and preserve the integral and a po John P. Davies, Jr., was fired by State Sec litical character of the Commission and of terms by resignation, will cast their last votes as Senators. Five of the seven are retary Dulles Friday. The cleaning out of the enterprise itself. a nest of homosexuals in the State Depart "The establishment of a strictly nonpo opponents of McCARTHY. The record of McCARTHY's accomplish ment was mainly due to the investigative ef litical atmosphere in the AEC goes back to forts of McCARTHY in this earlier period. ·the very beginning: the nomination of the ments or lack of them will be a weighty factor in the debate. This article will at But Senate eebate properly will be con first Commissioners. centrated on McCARTHY's operations as an "At his press conference in October 1946, tempt a factual review of his achievements as chief of the Senate's principal investigat investigating subcommittee chairman since in which President Truman announced the January 1953. This record reveals McCARTHY membership of the first AEC, a reporter in ing unit. McCARTHY has been labeled by his enemies as one of the most active chairmen in Senate quired about the politics of the five men he history. In 1953, he held 169 executive and had nominated. as a headline hunter, insatiable for personal publicity, whose sensational probes have open hearings and questioned 541 witnesses. "FIVE ABOVE POLITICS never nposed a Communist or spy. His de This compared with 26 days of hearings and "Mr. Truman announced that he hadn't fenders have claimed in his behalf that he 44 witnesses during 1952 when the subcom asked about their politics, that he wasn't in has performed valuable services for his coun mittee was under Democratic control. terested in knowing what party they be try, alerting public opinion to the menace CONSTRUCTIVE RESULTS longed to. This was literally true. of communism, laying bare the subversive Several McCARTHY investigations, which "When President Truman asked me to be infiltration of civilian and military govern attracted little publicity because they did come a member and Chairman of the first ment. not involve communism angles, exposed. AEC (in September 1946) he told me he had The following table compares the work waste and inefficiency in Government and already designated two members, in addition of the McCarthy investigating subcommit resulted in savings of millions of dollars to to myself. He asked me to suggest the names tee, in terms of witnesses and hearings, with the taxpayers. McCARTHY investigated in of two other men to fill out the membership. its operations under Democratic control in efficiency and waste in the Voice of America This I did. 1952: as well as subversion in that propaganda arm "Mr. Truman did not ask me about the of the United States. political atnliations of the men I proposed He probed communism in defense plants, ·(Robert F. Bacher and William W. Way Demo- Republican control era tic resulting in the suspension or discharge of mack). Nor did I ask them any questions control, 22 employees. Investigators have accumu about their politics. 1952 1953 1954 lated evidence involving an additional 155 "In point of fact, on this first Commis workers but the stop order on the McCarthy sion there were three men who in private Days of bearings ______26 169 30 subcommittee, sponsored by the Democratic life had been active and infiuentiai Repub Number of witnesses ___ 44 641 112 minority, has prevented questioning of these licans: the present AEC Chairman, Adm. individuals under oath. Lewis L. Strauss, a close associate of former The least publicized phase of McCARTHY's President Hoover; W. W. Waymack, editor of The subcommittee was immobilized for 7 months of 1954 by investigations of charges accomplishments may constitute his most stanch Republican newspapers, the Des lasting achievement. It is unquestioned that Moines Register and Tribune; Sumner T. against Chairman McCARTHY and his staff. Has McCARTHY failed to uncover a single his investigations have forced changes in Pike, then a,nd now active in the Republi military policy which have tightened up se can Party of Maine. Communist or subversive as charged by his opponents? curity, made Communist infiltration of the 11 Army more difficult, and put additional ob· BY LAW, NOT BY DRIFT The answer is provided from official re "It certainly did not occur to anyone at ports of action taken by Government depart stacles in the path of potential spies and the time the AEC came into being, in 1946, ments and defense industries after the Mc traitors. that a public body with such vast powers CARTHY subcommittee's investigations have President Eisenhower, Defense Secretary over the security, the science, and the in disclosed evidence indicating employees are Wilson, and Army Secretary Stevens admitted dustry of the whole Nation, operating largely potential sources of information to the as much. Last March 3, the President con in secret, should take into account the fact enemy. fessed that the Army had made "serious that its members had been appointed by a errors" in handling the case of Maj. Irving The official decisions reveal the following: Peress, who was promoted, given special im Democratic President nor that it should Army, Government and defense-industry function as a bipartisan group of Democrats munity from duty outside the United States, employees discharged, or suspended as se and finally given an honorable discharge with and Republicans. curity risks, or who resigned, after McCARTHY "If the country and the Congress intend the full knowledge of the Army that he had investigative hearings, 65. that the affairs entrusted to the AEC be ad been identified as a Communist organizer ministered on a political basis-1. e., be part Army employees suspended but restored and had pleaded possible self-incrimination of the Eisenhower and succeeding adminis to duty after clearance of charges involving in refusing to answer the charge. trations, or conduct its affairs as a bipartisan loyalty and security, 15. Secretary Stevens also announced he had body-the issue should be faced frankly and Net total, 50. ordered procedures corrected to avoid an the law changed to give effect to this con The record supplies another figure. other Peress case in the future. The Defense clusion. Witnesses not now in Government employ Department, as a result of McCARTHY's inves "We should not, however, continue to or defense plants (and therefore not subject tigations, has adopted changes in policy gov drift into so momentous a change. to discharge or suspension) who invoked the erning the military personnel security pro "DAVID E. LILIENTHAL. 5th amendment, pleading possible self7in gram. "NEw YORK." crimination, when asked about Communist It has ordered that loyalty oaths be ad activities or espionage, 64. ministered to servicemen before, not after, By legal standards, demanding proof o! enlistment or induction. It has revised reg McCARTHY'S RECORD guilt beyond a reasonable doubt, none of the ~lations and procedures to make certain that 114 individuals listed in these 2 tables can no Army omcer, as in the Peress case, may be Mr. JENNER. Mr. President, I ask be branded a Communist, traitor, or· spy. commissioned or advanced in grade, while he unanimous cons.ent to have printed in The verdict of public opinion will classify is under investigation as a security risk. the RECORD an article entitled "McCAR them as subversives whose activities are a. An absolute bar has been set up to prevent THY'S Record," written by Willard Ed- menace to national security and whose ex- favorable action, including promotion, being 16110 CONGRE$SIONAL RECORD ·- SENATE November 18 taken in the case of an officer who refuses In the General Electric plant at Fitchburg, Co., one of the plants affiliated with the to disclose his past record in connection with Mass., the following were suspended: Joseph Signal Corps headquarters at Fort Mon subversive organizations. 0. Mattson, Waino E. Suoko, and Waino S. mouth. Greenglass testified that Rosenberg It took four investigations by McCARTHY Nisula. Diantha Hoag was suspended at handed the proximity fuse, then a guarded to bring about this improvement in proce :Westinghouse, Buffalo. American secret, to a Russian agent. dures. In addition to his exposure of the FORT MONMOUTH Rosenberg, according to Greenglass, also Peress case, McCARTHY questioned Dr. _Mar stole top-secret doc_uments dealing with The most important investigation con electronics data and as late as 1947 obtained vin Belsky, Pvt. David Linfield, and Sidney ducted by McCARTHY during his chairman Rubenstein. Belsky served as a private in data concerning an electronic computer from the Army after being denied a commission. ship was that involving potential espionage an agent in the Signal Corps. This device He invoked the fifth amendment on com at Fort Monmouth, N.J. This is the head is essential to the manipulation of inter munism when questioned. Linfield was re quarters of the secret radar laboratories of ceptor guided missiles which knock out an tained in the Army after pleading the same the Army Signal Corps. enemy's guided missiles detected by radar privilege against possible self-incrimination This inquiry led McCARTHY into conflict and its course predicted by the computer. with Stevens and the Pentagon and pre on Communist activities. When Rosenberg left the Signal Corps in The case of Rubenstein provoked the in cipitated hearings before a special commit 1945, Greenglass testified, he retained his dignation of the McCarthy subcommittee tee headed by Senator MuNDT, Republican, Signal Corps contact s. Greenglass and members. He admitted he had been drawn of South Dakota. The committee eventually Rosenberg formed an engineering company into Communist activities as a teen-ager but found that Stevens had improperly sought as a "cover" and Rosenberg made trips to had severed connections at the age of 17. to terminate the Fort Monmouth investiga Signal Corps installations which he told his Drafted 4 years later, he freely told of his tion. It also found that McCARTHY's staff partner were for espionage purposes. Green youthful record and pleaded to be allowed had improperly sought favors for Pvt. G. glass named members of the Rosenberg spy to sign the loyalty affidavit. The Army re David Schine, a former McCARTHY stat! con ring who remained with the Signal Corps fused him the honorable discharge which it sultant, although it exonerated the chair after the master. spy left. Among them were had given to Major Peress, who refused to man of personal blame. Joel Barr, who fled the country in 1950, and sign the same affidavit. Rubenstein got a The Fort Monmouth inquiry has been Mrs. Vivian Glassman. Joseph Levitsky, an general discharge--a grade lower than an called a hoax and fraud in the anti-Mc other Signal Corps employee, secured a trans honorable discharge. CARTHY press and statements made that the fer to the Federal Telecommunications Lab These glaring inconsistencies, which would investigation never disclosed a spy or a oratory, Nutley, N. J., with Rosenberg as a never have come to light except for the Mc Communist in the Army post. A review of reference. The laboratory is engaged solely Carthy inquiries, led to a general revamping the evidence gathered during many months in electronics work for the Government, op of Army policy and procedures in regard to of the probing will be yresented here. erates under the same secret conditions that security and loyalty. The McCarthy inves Fort Monmouth is one of the Nation's most prevail at Fort Monmouth and is, in effect, a tigations of defense plants led to the adop vital security centers. It houses three re branch of the supersecret radar laboratories. tion of a new policy by several companies search centers, dealing with electronic war Mrs. Glassman and Levitsky were questioned which speeded the departure of a large num fare countermeasures, radar, nucleonics, by the subcommittee. Both refused to tes ber of security risks from their establish thermionics, and related subjects. In these tify when asked whether they were spies. ments. laboratories are developed the defense de The picture of potential espionage was These corporations hitherto had been help vices designed to anticipate the effect of an brought up to February 1953, with the ques less to fire employees suspected of subversive enemy atomic attack upon the United tioning of Levitsky. He had resigned in connections, even though these workers had States. that month and when he was asked whether access to restricted areas where American From the viewpoint of the average Ameri he had sought to enlist spies at Fort Mon defense weapons were being secretly manu can citizen, security at this Army Signal mouth since·that date, he refused to answer, factured. Military intelligence and FBI re Corps installation is more vital than secu asserting an answer ·might involve him in ports on the activities of such men could not rity at the Los Alamos atomic testing prosecution for a crime. legally be presented to justify their dis grounds. In the latter weapons are de Four witnesses then identified Harry Hy missals. veloped to attack the enemy. In the former man, an FTL worker, as a man who at But hearings held by the McCarthy sub are developed those instruments of defense tempted to recruit them as Communists in committee resulted in the summoning of po calculated to protect us from the enemy's the plant. He was asked whether he had tential spies and saboteurs to answer under weapons. been, and still was, a Soviet spy. His only oath the charge that they were Communist A high security officer told the subcom anwer was a snarl that Senator McCARTHY agents. When the witness refused to deny mittee that if just one Communist, willing was a "Fascist." Additional evidence re the truth of such a charge, pleading that he to sell out the United States to Russia, was vealed that Hyman had been in constant might thereby involve himself in prosecution employed at Fort Monmouth, the Soviet touch with employees at Fort Monmouth, the for a crime, a prima facie case was estab Union had access to every electronic counter Navy air rocket test station, the Air Force lished of his subversive tendencies. measure emanating from American genius. transportation control depot, and the secret The Westinghouse Electric Corp., Buffalo, Fort Monmouth was an early target of Army testing ground at Aberdeen, Md. N.Y., on August 20, 1954, announced a policy Russian espionage. For 14 years, the Army of suspending employees who invoked the has been seeking to check leaks of informa FIFTH-AMENDMENT WITNESS fifth amendment at these congressional tion from this center to enemy agents. A McCARTHY then brought the evidence of hearings. Ten days later, local 1581, CIO total of 500 persons has been investigated in potential espionage to the very date (Novem International Union of Electrical Workers, the post since 1940. Many months before the ber 1953) of the hearing. He questioned at Westinghouse adopted a policy of requir United States was brought into World War II, Mrs. Ruth Weiner Levine, a divorcee, Amer ing stewards to sign non-Communist affi Military Intelligence was disturbed by re ican born. Until the day she received a sub davits after the McCarthy subcommittee ports from overseas which indicated Russia pena to testify, Mrs. Levine had been a had presented evidence concerning workers was obtaining data on American experiments trusted employee for 10 years of the Federal in the pll nt. with electronic devices. Telecommunications Laboratories, with du The General Electric Co., with headquar In 1940, a technician named Julius Rosen ties so confidential that security warrant ters at Schenectady, N.Y., had earlier adopt berg became a Signal Corps employee. He officers barred their description. She had ed the same policy of suspending workers kept his job 5 years. Not until years later ~op-secret clearance, a privilege reserved to who invoked the fifth · amendment before was he to achieve world notoriety as the first a small and exclusive group of employees the McCarthy subcommittee. The Interna American spy ever to receive a peacetime which gave her access to information in the tional Telephone & Telegraph Corp. adopted death sentence and die in the electric chair highest category of secrecy in electronics for the same policy as a result of hearings by with his wife. He was a Signal Corps in the Army Signal Corps and other Govern McCARTHY into subversion at the Federal spector and had access to Fort Monmouth ment agencies. Telecommunications Laboratories in New and its affiliated installations. Material rated as top secret by the mili Jersey which performs secret work for the A description of Rosenberg's activities in tary is defined as information which, if im Army Signal Corps. and about Fort Monmouth was given to the properly disclosed; could lead to war against Among those suspended and subsequently subcommittee in sworn testimony by David the United States by a foreign government; discharged, under this policy, in the Gen Greenglass, now serving a 15-year sentence defeat planned operations of war by the eral Electric Co., at Lynn, Mass., were the in the Federal penitentiary at Lewisburg, Pa., United States; or cause a loss of scientific following: Robert Goodwin, Nathaniel Mills, for conspiracy to commit espionage. Green or technical advantage of such importance Henry C. Archdeacon, Donald H. Morrill, and glass was a member of the Rosenberg atomic as to affect materially the outcome of a war Witulad Piekarski. Suspended, with action spy ring who confessed his guilt. His testi of major importance. on discharge pending were Victor Bolys, mony aided in the conviction of the Rosen Mrs. Levine was asked whether she was a Alexander Gregory, and Theodore Pappas. bergs. He was a brother of Ethel Rosenberg. Communist Party member and engaged in Suspended at the Schenectady plant of Greenglass testified that Rosenberg told a conspiracy to commit. espionage. She re the General Electric Co. were Sidney Fried him he stole the proximity fuse, a device fused to answer, asserting the privilege lander, Robert P. Northrop, Arthur L. Owens, attached to bombs, shells, and war-rocket against self-incrimination. Joseph A. Gebhardt, Emanuel Fernandez, heads which detonates explosives without This woman had been subjected to rigld Gordon Belgrave, Dewey F. Brashear, and coming into actual contact with the target. screening in 1950 by Military Intelligence Louis Passikoff. This theft took place at the Emerson Radio but nothing was found to connect her -with 1954 CONGRESSIONAL ·RECORD-- SENATE 16111 subversive activities. Only the power of the EXPOSURE OF WASTE The investigation developed that the· FBI ·congressional subpena, which required her to OtheT accomplishments of McCARTHY may had forwarded reports on Rothschild; col testify under oath, ·had found her out. Be.;. be summarized as follows: lected from more than 40 informants, but a .fore she appeared before the McCarthy sub.. loyalty board had ignored him. Members of committee, she resigned: Except for the Mc Voice oj America the board based their attitude on a Truman Carthy investigation, she presumably would Evidence revealed waste and mismanage administration rule holding that mere mem today be working in one of the Nation's most ment of such magnitude as to suggest de bership in the Communist Party was not a secret electronics laboratories, with ·free ac liberate sabotage or hopeless incompetence. bar to employment. The exposure of Roths cess to the Nation's radar secrets. The chief engineer of the Voice of America, child, who had retained his job 14 years de• Additional witnesses who had worked with , George Herrick, was discharged after the spite the n~merous FBI reports on him, was the Army Signal Corps at Fort Monmouth hearings established that two huge radio .followed by his removal from his post in the or its affiliated laboratores refused to testify transmitter towers, designed to broadcast assembly room. when asked about Communist activities. United States propaganda to the far corners The McCarthy investigation resulted· in a They included Sidney Glassman, Ezekiel Hey of the earth, were located in areas obviously complete revamping of the security system man, Eleanor Hutner, Leo Kantrowicz, Louis unsuitable for such projects. Both projects in the GPO. The loyalty board panel was Kaplan, Frank M. McGree, Ernest Pataki, and were canceled as a result of the investigation r~moved and replaced by new personnel. Joseph Percoff. and an estimated saving of $18 million ef Security regulations were overhauled and Under legal standards, none of these wit fected for the taxpayers. strengthened. Fifteen employees were re nesses could be convicted as a Communist An inquiry into Communist influence in moved from · sensitive posts because of conspirator. The crime of espionage is not the United States Information Service librar charges of Communist activity. Seventeen only ·one of the· most difficult to detect but ies overseas revealed more than 30,000 books employees were suspended and the cases of one almost impossible to prosecute in court. either written by known Communists or 45 others were referred to the FBI for in The Rosenbergs were not sentenced to death Communist sympathizers or containing ob vestigation. for espionage, but for conspiracy to commit vious pro-Soviet or Communist propaganda. it and the testimony of a fellow conspirator State Secretary Dulles subsequently ordered OTHER ACCOMPLISHMENTS was essential to· obtain a guilty verdict. the removal of books by Communist authors The subcommittee's investigation exposed Critics of the Fort Monmouth investiga ·as conflicting with the purpose of libraries the operations of Government officials in 1944 tion have assailed McCARTHY for not uncov to "promote better understanding of America in securing the delivery to the Soviet Union ering legally provable espionage. McCARTHY abroad" and "to combat and expose Soviet of currency plates, ink, paper, and other has replied that he will let the American communistic propaganda." paraphernalia for the printing of occupation public decide whether the refusal of an State Department files currenc~'· This unprecedented action was employee to deny spying should justify a ver- taken over the objection of the Bureau of An investigation revealed that State De dict of not guilty. . Engraving and Printing. partment files, dealing with Foreign Service The transfer of these plates, together with In addition to the presence of potential personnel, under the system set up under spies, the investigation disclosed the whole the failure to establish any system of ac the Truman administration, had been countability, resulted in a financial drain sale disappearance of secret documents. A stripped of derogatory information concern security investigation at the Army post in ing employees. They were so scattered upon public funds to the estimated amount 1952 revealed hundreds of missing plans, un through the Department that it was impos of $255 million. The United States was accounted "for to this day. sible to locate a complete file on any one forced to redeem hundreds of millions of dol The Pentagon-McCarthy hearings revealed employee or former employee. lars of occupation currency, in excess of the that the FBI, from 1949 onward, had been amount printed by this-Government for use warning of security risks at Fort Monmouth. When an employee was up for promotion, in Germany, but was never able to establish Not until the McCarthy investigation started the promotion panel was unaware of infor how much of this currency was printed by mation indicating he was a security risk. in 1953 did the Army suddenly take interest the Soviet Union with our plates. in reports of subversion. From August ·19, ·Employees testified that certain information was burned or otherwise destroyed in de Testimony revealed that the Soviet spy ring 1953 to October 27, 1954, the Army has sus in Washington headed by Nathan G. Silver pended a number of security risks at Fort ·fiance of security regulations. Investigations ·of the FBI were hampered by these practices. master, engineered this deal with the assist Monmouth,. ranging in rank from techni ance of Harry Dexter White, then assistant ·Cians to top rank scientists. The investigation resulted in a new system .of .file security with the State Department's to Treasury Secretary Morgenthau. Other Fifteen have been cleared and restored to Treasury officials, including Harold Glasser, duty with full security privileges. Each administrator of security acknowle9ging that the McCarthy hearings had been very help William L. ffilmann, and Frank Coe, aided time such action was taken, the Pentagon in the operation. Silvermaster, Glasser, Ull issued a press release, identifying the indi ful in bringing about corrective steps. The subcommittee's investigation revealed mann, and Coe invoked the fifth amendment vidual, and the anti-McCarthy press gave full on grounds of self-incrimination when ques publicity to the fact that another "Mc that more than $2 billion worth of goods passed between Communist China and our tioned by the subcommittee concerning their CARTHY victim" had been exonerated. participation in this Communist plot. No publicity was ever given to the fact western allies since June 1952. This trade had increased after Chinese Communist The subcommittee was the first investiga that six of those suspended were discharged tive agency to expose the murder, torture, as loyalty-security risks after full and ex troops entered the Korean war. Chairman McCARTHY secured an agreement with Greek starvation, and inhuman treatment given haustive hearings· before regional loyalty captured American personnel by North Ko boards and the top screening board of the owners of 327 vessels, totaling more than · 3.5 million tons of ocean shipping, to remove rean and Chinese Communist troops during Pentagon. These men, unidentified were the Korean war. Twenty-nine witnesses, in quietly dropped from the Army Signal Corps voluntarily their vessels from actual or po . tential trade with China. President Eisen cluding 23 survivors or eyewitnesses of Com rolls. In addition, three of those suspended munist atrocities, added their evidence to resigned rather than face investigation. This hower and Dulles characterized this deal as in the public interest. affidavits, statements, photographs, and offi made nine workers, who presumably would cial war records. A definite record was es still be laboring in the radar laboratories, Government Printing Office tablished of crimes against the Geneva Con if the McCarthy investigators had not ini . The subcommittee inquiry resulted in find vention. Approximately two-thirds of Amer tiated their investigation. Another 13 of ings that security risks, including persons ican servicemen, taken prisoner, died from those suspended have been put back to work with impressive records of Communist ac acts of barbarism, the subcommittee found. but removed from areas where they would The massacre of large groups was revealed. have access to secret· material. Their cases tivity, were employed in the Government still are under investigation. Printing Office which handles 250,000 pieces The subcommittee conducted· an almost of secret and classified printing matter an unnoticed investigation of inefficiency and During the Pentagon-McCarthy hearings, nually. The Army, Navy, Air Force, and Secretary Stevens and other military wit waste in the administration of the De partment of Health, Education, and Wel nesses admitted that if MCCARTHY exposed State Department use the GPO for reproduc one potential spy at Fort Monmouth, he tion of restricted. and confidential material. fare, which annually distributes more than would have performed a public service. Although precautions were taken to maintain $1.2 billion in aid to the blind, aged, perma nently disabled, and dependent children. The Fort Monmouth clean-up (August 19, security by printing this matter piecemeal in 1953 to october 27, 1954). separate areas of the printing plant, testi The inquiry revealed that an estimated $50 mony revealed that a whole document be million annually were being lost to the Gov Discharged as security risks______6 ernment because of failure to audit the eli Resigned under investigation______3 came available to potential spies in the as sembling section. gibility of aid recipients. Social workers Suspended and still under investigation.. 6 were found to be making practically no check Suspended but cleared and restored to . Edward Rothschild, employed in this as on the legitimacy of claims and thousands duty------15 sembly room, admitted he had access. to this of illegal claimants were collecting sums at Suspended but restored to duty in non highly classified material up to the moment the expense of the taxpayer. The subcom secret areas pending further investi- he was called before the subcommittee. mittee recommended the hiring of about 50 gation------13 Asked whether he was currently a spy and qualified accountants to review claims which All discharges and suspens.ions were or a member of the Communist conspiracy, he would make· possible savings -of millions of dered by the Army after the McCarthy in refused to answer; pleading possible self dollars and bring about better administra vestigation started. incrimination under the fifth amendment. tion of the Federal assistance program. 161.12 C.ONGRESSIONAL RECORD-- SENATE November 18 WILLIAM BRADLEY UMSTEAD but those who knew him intimately found The Senate resumed the consideration in him a warmth of friendship and a keen of the resolution United States Army in 1917 from an officers' is not a domestic political party in the usual training camp, serving as first lieutenant in tradition, but is a part of the international after his inauguration as Governor of a machinegun company on the western front. Communist conspiracy, a deadly menace to North Carolina in January of 1952, Wil Returning home after the war he studied law the United States, and the enemy of all dem liam B. Umstead was forced to retire at Duke University, and then entered on a ocratic forms of government. Accordingly to a hospital bed for a time. Many felt political career which took him from the post the Senate's appropriate committees should that was the end. They did not know of solicitor in superior court to that of Rep continue diligently and vigorously to inves Bill Umstead. In short order, his fight resentative in Congress, where he earned an tigate, expose, and combat this conspiracy ing spirit overcame for the time his seri enviable reputation for ability and fairness. and all subversive elements and persons con Resigning, he practiced law in Durham for nected therewith." ous affliction and he returned to his of 5 years and then reentered politics, on his fice to carry on the fight for a bigger appointment by Governor Cherry to the Mr. JOHNSON of Texas. Mr. Presi and better North Carolina. Under the United States Senate to succeed the late 'dent, will the Senator yield? constant threat of death, he labored as Senator J. William Bailey. Running for re Mr. JOHNSON of Colorado. I yield. few men have done to carry out his pro· election he sustained his first and only de Mr. JOHNSON of Texas. As I under gram. feat for public office, at the hands of former stand, the Senator from Colorado wishes But his condition became weakened Gov. J. Melville Broughton. In 1952 he was elected Governor of North Carolina and to submit the amendment and ask that and it was necessary for him to take a served with great ability, courage, discre it be printed and lie on the table. rest early this fall. tion, and devotion to his high office beyond Mr. JOHNSON of Colorado. That is On Sunday morning, November 7, the call of duty until his untimely death. correct. I wish to send it forward at William Bradley Umstead quietly met His conscientiousness and high conception this time and ask that it be printed and his Maker, leaving a sorrowing North of patriotism would not allow him to spare lie on the table. Carolina to mourn his passing along himself. He died in the service of his State to which he had given so much of his life, Mr. JOHNSON of Texas. No consent with his lovely widow and beautiful is necessary to do that. daughter. He had given his all, as a dis thought, and work. Our sympathy goes out to his family and The PRESIDING OFFICER. The tinguished Christian gentleman and to those who knew him intimately. The· amendment will be received and printed statesman, for those who gave him North State and people of North Carolina have and will lie on the table. ' Carolina's highest trust. suffered a heavy loss; nevertheless his ex ample will not be lost but will elevate the Mr. WATKINS. Mr. President, on No Mr. President, I ask unanimous con vember 13, 1954, I received a teiegram sent that an editorial from the Greens life of his State for many years to come. which reads as follows: · ' boro Daily News of November 8, 1954, on Mr. LENNON. The certain hand of MILWAUKEE, Wis., November 13, 1954. the life of William Bradley Umstead be death has hit North Carolina all too fre printed in the RECORD at this point. Senator ARTHUR WATKINS, quently in recent years to strike down Senate Office Building: There being no objection, the editorial good and useful men in high political This is to confirm our request that you was ordered to be printed in the RECORD, office. I need not list them all, but we appear Monday at 9 o'clock a. m., in room as follows: shall never forget such men as Sena 357 to give evidence in the case of Major WILLIAM B. UMSTEAD tors Josiah William Bailey, J. Melville Peress. With the death of Gov. William Bradley Broughton, Willis Smith, Clyde R. Hoey, JoE McCARTHY, Umstead, the State of North Carolina loses and William B. Umstead. God rest their Chairman, Subcommittee a man of the finest character and ability. souls. God give us the courage to live on Investigations. He was an excellent lawyer, a politician in 15, the best sense of the word, a patriot, an noble lives and follow the high stand Mr. President, on November 1954, indefatigable worker and a statesman. But ards of Christian and political conduct at the hour of 9 a. m., I appeared in all his accomplishments were solidly based of men such as these. Let us all remem room 357, and later, at 10 o'clock, a hear on that strength of character out of which ber that public service is a duty and fol ing was held before the Subcommittee on came his goodness, justice and wisdom. low William Bradley Umstead's dedica Investigations. He was a man whom conservatives looked tion to the high calling it offers. Various excerpts from statements on as a liberal and whom liberals looked on made at the hearing have been pub as a conservative; in truth those who knew him at all knew that he would invariably lished in the press, many of them lifted give careful consideration ·to any problem RESOLUTION OF CENSURE out of context. So that the public may and then do exactly what he believed was The PRESIDING OFFICER New York City, at which General S~nator WATKINS. Will you call my atten mittee; is that right? Zwicker appeared. As I recall, in that he tion to the place in the report where tha.t Senator WATKINs. That is right; yes. wasn't in a position, and he so told you, to appears? I will read the testimony. Mr. Williams give all the information that he would prob The CHAIRMAN. I Will be glad to. Page 60 had been cross examining General Zwicker, ably like to have given, because of orders . . of the report. and then he said, "I have no further ques The CHAmMAN. Do you think today-and If you will refer to the bottom of the tions." time is running out, and we have a session page, the last paragraph, I will quote: "He" "The CHAIRMAN. Mr. de Furia, do you have starting at 11 o'clock--do you think today (-meaning McCARTHY) "did much tq destroy further questions? you can give us information which will help the effectiveness and reputation of a witness "Mr. DE FURIA. Yes, sir. us to nail down the man responsible for ~~e who was not in any way responsible for the "General, did .you promote Peress? protection of this Communist in the mill· Peress situation, a situation which we do not "General ZWICKER. I definitely did not. tary, do you? 16114 CONGRESSIONAL-- RECORD-SENATE November 18 Senator WATKINS. I can give you informa question, I can only reemphasize my original promised to hav:e an investigation made, that tion as to the men who had something to request-that the names of these individuals he would tell us who was, as you say, culpa do with it, and probably all to do with it. not be mad~ public under any circumstances. ble-he did not use that word; he said at fault; you used the word culpable-in this If you will let me, I will proceed. "As you know, these names were obtained The CHAmMAN. Would you do that, please. after a thorough investigation by the Inspec case. That has never been done. Senator WATKINS. Yes; I did want to read tor General of the Army. I wish to empha Now, if you merely intend to read from that other, but since you say time is run- size that the mere fact that the individuals the transcript of the Mundt hearings, which ning out-- · are named as having some adxninistrative you have been doing so far-- The CHAmMAN. Read whatever you care to. responsibility or knowledge of the subject Senator WATKINS. I have been reading a Senator WATKINS. All right. should in no way be construed to indicate copy of the letter from the Secretary to After I got your telegram in Salt Lake City, culpabllity on their part. Should these Senator MUNDT. or letter, and after I got back here, as soon names be made public, it would unneces The CHAmMAN. That is in the Mundt hear as I could get to it, I called on Secretary sarily subject them and their families to ings, and has been in there for months. Stevens to see what information I could get, unwarranted publicity completely out of pro Senator WATKINS. He told me this had not and he did furnish me some information. portion to the facts. been made public before. I will read now a letter which I think will "I, therefore, request again that you do The CHAmMAN. That is part of the Mundt tell where the material is: not publicize this list. To publicize these hearings. Do you have any information to names without a full explanation of the cir day? Do you have any information today "DEPARTMENT OF THE ARMY, cumstances surrounding their participation as to who was, as you say, culpable in this "Washington, June 23, 1954. in the case could well cast public discredit case? "DEAR SENATOR MUNDT:"- upon the individuals concerned. This was addressed, so he advised me, to Senator WATKINS. I have exactly what I "In addition, such publication would go have told you. I had no personal knowledge. Senator MuNDT, the acting chairman of the far to diminish the future effectiveness of committee which is now in session here- I came to the conclusion, based on. the un the Inspector General Corps because, histori contradicted testimony in our hearings, be "I refer to the case of Maj. Irving Peress, cally, investigations of this character have with which I am sure you are fam111ar. I fore the Watkins committee, that General been successful information-gathering de Zwicker was not responsible. Then, in or have recently studied ·the thorough inves vices for commanders because of a strict ad tigation made by the Inspector General o! der to help this committee, because I am a herence to the maintenance of a confidential member of the Internal Security Committee, the Army of all the circumstances pertain relationship between the interrogator and ing to this advancement in grade and separa which is charged with the responsibility of the person interrogated. This is another ferreting out these matters just as mu.ch tion from the service. reason for my definite desire not to have "This investigation disclosed no evidence as your committee-as a member o! it I their names publicized. was personally very much interested in find of any subversive conduct with respect to "Also in the transcript, on page 2266, Mr. personnel actions involving Peress. Fur Jenkins stated: 'And then the names, as I ing out, and I would like to find out. thermore, there is no evidence of disloyalty, understand it, the chairman ruled are to But I do say now, in view of what has pro-Communist influence, or any other type be submitted to this committee or to me as been said to me by the Secretary, as I have of misconduct reflecting on the loyalty, in its counsel, privately and without exposing related it, that you do now have in your tegrity, or patriotism of the officers or civil these names.' On pake 2268 you stated: 'The files the names of all the people who were ians who processed the case. other names requested should be submitted responsible for the promotion and the dis· "The investigation, however, did reveal confidentially and to counsel for our com charge, the honorable discharge, of Peress. that in several instances improper admin mittee_.' See enclosure for full quote. All you need to do is to call those men in istrative handling of papers resulted in un "Accordingly, it is my opinion that the in executive session, if you want to abide warranted delays in processing actions con confidential character of the list of names by the confidential request of the Secre cerning Major Peress. should be maintained and revealed only on tary, and you can find out from them the "On the basis of the facts now known .and a need-to-know basis to those who have a part that each one had in that affair. That limitations imposed by outmoded regula confidential clearance." has been in your files since June 23. tions, and legislation pertaining to doctors The Secretary advised me as a result of my The CHAIRMAN. t am afraid we are wasting and dentists, my original conclusion that inquiry that a list of 30 names, beginning the time of the Senate,.if that is all the in the Peress case was not handled as it should with a general, had been given to Senator formation you have. have been has been substantiated. As will MUNDT, the acting chairman of this co'm Senator WATKINS. You invited me here. I be remembered, when I returned from th~ mittee. Those were the names that were to did not-- Far East, February. 3, 1954, and in my letter be kept confidential. As I understood it The CHAIRMAN. Just a minute. Please, to Senator McCARTHY dated February 16, from him, they contained all the names of Senator. I will give you a gavel. General 1954, I readily admitted that :this case coul(l those who had anything to do-any of the Zwicker when called said he could not tP.ll have been handled better. responsibility for the promotion and the who was responsible. We have a list of 30 "The Inspector General's findings disclosed honorable discharge of Major Peress. That names, an unusual list. It lists the people inordinate time was consumed in the proc information, I understand, came into the in headquarters of the First Army, the Office essing of this case. Major commanders have hands of Senator MUNDT, was delivered by a of the Surgeon· General, all the doctors in been directed to take the appropriate steps messenger-! mean the envelope that was the Surgeon General's office who might have against the individuals involved and at all marked confidential containing the names given this man a physical examination when levels of command adininistrative reforxns and is now in the files of thi"s committee and he was promoted, the officers in the Adju consistent with existing law have been made, has been since June 23, 1954. tant General's office, again when he was which I fervently hope will make it impos Now, I was further advised by Secretary appointed to the grade of major all of the sible for such errors to be made in the Stevens that I could have a copy of that list, doctors who were in the Surgeon General's future. he exhibited an envelope which was marked office, and on down the line. You and I "Further reference is made to the sealed confidential and sealed, that I could have a know that-you and I know that nothing envelope marked 'Confidential,' containing copy of those names. But he would expect will be gained by _calling four or eight doc the names of Army personnel who in the me to keep them confidential. I said if your tors from the Surgeon General's office and course of their duties took some type of committee, if the McCarthy committee, has finding out whether or not they examined administrative action with respect to the those names now, it is not necessary for me this man. I thought when you made this disposition of Major Peress. to have them, because that is their job. statement, S3nator, this very serious state "As you will recall, on· February 24, 1954, They can immediately go into executive ses ment made in your report-you state that I I agreed to submit to your subcommittee sion and call in these various persons to should blame the person who is culpable the names of these individuals as soon as determine their share of the responsibility, ! thought maybe you had some information. they had been deterinined. In the course whatever they did about it. I said, "Would Let us see if I have your testimony clear of the hearings, pages 1420 and 2253, I re you be willing to furnish these officers to see today. It is that you have nothing except iterated this promise, and by covering letter that they get here, or this personnel?" And what was presented to the Mundt committee, of May 13, 195~, I subinitted to Mr. Jenkins he said, "We would do our level best to get including this list of 30 peopl~. You know in an envelope marked 'Confidential' the them there upon the demand of this Perma now as you knew at the time you signed this names of the individuals who had something nent Committee on Investigations,'' the report, that when we had one of the individ to do with the Peress personnel actions. committee over which you preside, Senator. uals before us, he said, "I can't answer be The covering letter, copy inclosed, was read The CHAmMAN. I do not want to waste my cause of the Presidential order." You are into the transcript of the hearings at page time and the time of the Senators here, aware of the Presidential order when y0u 3761. unless you have some information as to who invoked before your committee in which you "Subsequently, on June 18, 1954, Lieuten is culpable. You say in your report "Zwicker said that General Lawton could not even ant Murray, of my office, delivered to you an was in no way responsible." I do not know tell about the conversation he had with Gen additional envelope marked 'confidential' to what you know about the military. You eral Zwicker. Is it your testimony now that replace the first one. This was necessary should know, you made "the statement, that that is all you have? You have nothing Jn because a name had been erroneously in a man is not promoted, he is not honorably addition except this conversation you had cluded in the first compilation. On this oc discharged, unless bhr commanding officer with Stevens in which be said "Here ls a casion you inquired about the confidential makes the recommendation. If you read the list of 30 names. If you want to take a look character of this list. In answer to your record, you know that Secretary Stevens at them, if you think there is some way 1954 CONGRESSIONAL RECORD- SENATE 16115 that I can find out who was the secret master I have forgotten where I was. :Will you satisfy some of my curiosity." But he said, by looking at these names, I will give it to give me the last statement? ••Positively that contains the list from the you." (The record was read by the reporter.) top down in grade, the people who were re Keep in mind the ruling that you made Senator WATKINS. When we gave him the sponsible for the handling of the Peress hand this down to the Senator, will you? opportunity to testify he could not recount matter." That has been in your files since (Document handed.) or recall a single statement made by Zwicker. June 23, 1954. Keep in mind the ruling you made that Then we stretched the rule on giving evi The CHAmMAN. You are aware, of course, of one Army officer would not have to testify as dence of that sort and said, "Ordinarily, we the fact that Zwicker said that he could to conversations he had with another. would like to form our own conclusions from have held up an honorable discharge if a man Senator WATKINS. I take it you are ask what was said, but you can go ahead and had stolen $50. ing for my advice. That is what it sounded give your impressions." Then he did; that Senator WATKINS. I understand all of that, like. I would advise you-- General Zwicker was antagonistic to you. but you said you were not going into that. The CHAmMAN. Not your advice, Senator. Then when we go to Zwicker, he was per You were going to ask me what I knew about You have signed a formal report saying that mitted to say that he had been opposed to Peress. I should blame the person who is culpable. the promotion of Peress; he had been op The CHAIRMAN. I think you should have That means that you should know. posed to his honorable discharge, he had told me that you knew nothing about this Senator WATKINS. Do you disagree with been against generals or any officials in the before we wasted this time this morning. that? . Army claiming the protection of the fifth You came here this morning and read a let The CHAIRMAN. That means you should amendment. ter which is in the Mundt testimony. You know. I have been trying to find out. I But he was not permitted to say to whom refer to a list of 30 people. The man who wired you and told you that unless you had he objected. He had to stop there. But we signed the honorable discharge-his name is some information I did not want you to waste got that through the letter Mr. Wilson and not here. The commanding officer's name is my time and your: time. You did not answer the counsel sent over from the War Depart not here. There are many names missing, al.;. that wire . . I gather today that you have ment. though the letter says that all those adminis nothing except wha~ was before the Mundt Senator, as a part of my advice from an tratively responsible. Your advice is, all you committee and that the Secretary of the older man, just a little older in years, I know is that we should call these men and Army did not give you the result of the would say to you I think if you will follow hope they would not do-would the young Inspector General's report. You knew, of on that procedure, if you will cooperate with man desist while I am talking to the wit course, senat9r, you know now, that the Sec the Secretary of the Army and the Defense ness? retary of the Army promised that he would Department, they will be able to help you a Senator WATKINS. Is it out of line for my have the Inspector General make an investi lot in actually pinpointing who, if anybody, ~dministrative assistant to hand me some gation and that he would try and tell us is culpable; that is, any evil culpability, for papers? then who was a fault or, using your word, the promotion of Peress and for his dis The CHAIRMAN. Let me finish my question. culpable. You know that he has refused to charge honorably. The only thing you have to give us, then, do that. I thought maybe when you were- Now, I do not know whether this is going is the advice that we call all of the thirty Senator WATKINS. Just a moment. I do to be of any help to you or not. You have odd officers from the Surgeon General on not know any of those things you are say to decide that matter. But since you asked down and hope that they will not invoke ing. Those are your statements, not mine. for it, that is the story. You have it in your the privilege which Zwicker invoked. We I am not agreeing with them just because files, and I think there is a reasonable pro asked Zwicker, you understand, who was I sit here. I am not agreeing with what you cedure to follow. I recommend it strongly responsible, and he said he could not answer. are saying because I have to sit silently. to your committee. And if you do not want The only thing you can tell us now is, when The CHAmMAN. You do not have to sit to do it, give us the names in the Internal you say I should have blamed the person silently. You can talk all you like. I am Security Committee and I will ask our chair culpable, is that we should call those 30 not going to use a gavel. man to proceed on that. people? Senator WATKINS. You ask me, in effect, as The CHAIRMAN. Then I understand that Senator WATKINS. I called your atten I get the purport of your question, how I the only help you can give us is that we call tion-- would go about it to get · this information. additional Army witnesses and hope that The CHAffiMAN. Is that roughly it? I would tell you exactly how I would go they will not invoke ~ny secrecy rule and try Senator WATKINS. Not e·xactly it, no. I call about it. I would serve on the Secretary of and get them not to invoke the secrecy rule. your attention to a letter of November 3, the Army a request for each one of those Beyond, that, you can give no information, is 1954, addressed to you by Mr. Stevens, in officers and I would have them brought be that it? which he expressly, as I recall, leaves out fore the committee in executive session so Senator WATKINS. I would like to say that two officers liere. I think McManus and Gen that I could protect the families of these the report that you called my attention to eral Bergin, and it already appeared-"No people in the event there was nothing against does not profess to know the name of the action was taken against Maj. Gen. William them any more than administrative work. person culpable. It merely says whoever E. Bergin, the Adjutant General, Brig. Gen. I am advised that this contains the list of they are, in effect, they ought to be held Ralph Zwicker or Maj. John J. McManus, be the people who had all to do with this pro responsible. It does say positively that cause in the opinion of ·the Army no acts motion and with this discharge. Zwicker was not culpable. That is all I have performed by them manifested the slightest I would go right down through that list. to say, Senator. indication of Communist sympathy nor any And then I would say to you, in answer to The CHAmMAN. Where does it say posi other dereliction of duty. These officers hold what you said about not being able to get tively that Zwicker was not culpable? the same rank," et cetera. That was in the the information out of them because of the Senator WATKINS. Well, I thinlt, in what letter to you. The letter you wrote me had orders-! would do exactly what I did in we read. a paragraph in it like this: the select committee case. I called on the The CHAmMAN. Where does it say that? "This indicates that you must have some Secretary of Defense, Mr. Wilson, and I got I would like to read that into the record. information as to who was culpable and some him to give me a letter which permitted You said the report that you got from the information to the effect that Zwicker was General Lawton to testify, Which permitted Army. I handed it to you. I am not asking not." I have given the information that General Zwicker _to testify' on the things that about your report, Senator WATKINS. Zwicker was not, the sworn testimony, un he could not say before. Senator WATKINS. That is what I thought contradicted testimony of Zwicker P,imself. The CHAIRMAN. Let's keep the record you said. I am only responsible for my own "This is information for which our inves straight. You did not get permission for report, nobody else's. tigating committee has been searching. You Lawton to testify. Lawton refused to testify. The CHAIRMAN. In other words, you were are therefore invited to appear before the So let's keep the record straight. not referring to the Army report? I handed investigating committee to give the informa Senator WATKINS. Lawton came on the sec you a report. I thought you were referring tion upon which you base the above state ond time and testified when he was given to that. ment." the opportunity to recount and to give the Senator WATKINS. I have the list, yes, the I have now given ft. That is the best I statements that General Zwicker had made confidential list that you just handed me. can do and I stand on my statement. to him at a conversation with respect to The CHAIRMAN. There is nothing on that? The CHAmMAN. In other words, you and Senator McCARTHY and how he felt about it. Senator WATKINS. That is to be taken in I will agree that somebody was culpable? When we gave him the opportunity-- connection with the letter which he gave Senator WATKINS. Somebody actually pro The CHAffiMAN. Senator WATKINS, let's you. That is to be taken in connection with moted Peress, yes. In the same letter that keep the record straight. . what he told me. I could have had this Mr. Stevens sent you under date of November Senator WATKINS. I am testifying. If you identical list, and if the select committee had 3, it quotes the law with respect to the pro find it is wrong-you said I could talk all I any job in connection with it, I would be motion of these people. It seems to me, as a wanted. Now let me go. only too glad to proceed and follow it. But reasonable human being, knowing how these The CHAIRMAN. You can talk all you like. that is within the jurisdiction of your com things operate, that that probably was Senator WATKINS. Let me go, then, and I mittee and the Internal Security Committee largely responsible for almost the automatic can finish my statement. With your permis as I see it. I cannot do anything about it. advancement of this man Peress. I would sion, I am doing this. I said, "There is no use in giving that to like to offer that for your record. The CHAmMAN. Okay. Proceed. me, Mr. Secretary, and have me hold it in The CHAIRMAN. Seeing you bring that up, Senator WATKINS. All right. a confidential capacity, even though it might Senator, we will call your attention to the 16116 CONGRESSIONAL RECORD-_ SENATE November 18 fact that a Dr. Belsky was before the c6m~ us . the. name .or the man responsible, you "That any man in the xnilitary, any man In mittee also. He had the qualifications, ap. know as well as I do that the Secretary pro~ this country, is. entitled to a fair and impar parently as great as Peress. He was not ised that he would have an investigation, tial trial before a jury of his peers when it given a commission; he was not promoted; · that he would give us that information. You comes to a criminal case. - - · he was not honorably discharged. I merely have indicated in your report that you know Now, if a full investigation reveals that no call that to your attention so that you will .who was at fault. one was criminally culpable in this matter, know that when you cite a law there was no You say that the commanding officer was that may be a · disappointment to you. But law that forced the promotion. I will ask not at fault, although the commanding of if that is the truth, that is the way it will you one final question. . .ficer refused to answer whether he was at have . to be. That is what ought to be You and I agree that somebody who cov'!' "fault or not. I may say I wish you had thoroughly explored ~ That ought to be done ered up for this Major Peress. is at fault? not wasted our time this morning. I wish before we- go on saying that somebody has Senator WATKINS. I do not think anybody you had told me you knew nothing about committed a crime all the time. It could covered up, as far as I can get it from the ·this situation before I took this hour's time have been 'negligence, it could have been statements made by Mr. Stevens. I am rely~ this morning. failure to keep the records together as they ing largely on what he said. He has given · If the other Senators have any questions should have been. It could have happened you the names of the people who-all the to ask, they may proceed. in a large army with Inillions of records. It people-had anything to do with that. You Senator McCLELLAN. Are you willing to -could have happened purely as a matter of a already knew about Zwicker and you already make a motion in the Internal Security Com mistake. There is always that possibility. knew about Bergin and McManus. So you mittee to call these officers named in that Now, as far as I am concerned, in the com have had all of that list. I cannot go beyond 1etter and make inquiry of them with regarc~ mittee of which I am a member, where we that. And when you say "culpable" I do to their responsibility? are searching for these matters, we try to not know whether you mean criminally cul Senator WATKINS. I certainly am, if Sen do it in an orderly way. We do not make a pable or whether they actually did the work. . a tor McCARTHY does not move rather 1ot of charges, ordinarily, unless we are The CHAIRMAN. I am using your word. · promptly in that field. pretty sure of our ground and we have gone Senator WATKINS. Culpable as far as we Senator McCLELLAN. If this committee into the matter carefully. Even then we are were concerned meant the people who did does not proceed to do so, I will be glad to very modest in t11.e charges we make. Up to whatever was done. We do not prejudg~ second your motion in the Internal Se date we have been a 100 percent united, I people and say they are guilty of something curity Committee. think, in all the reports of the Internal Secu simply because they may have recommended Senator WATKINS. That is right. You are rity Committee in this country. promotion of a man or his honorable dis a member of that committee with me. The CHAIRMAN. Senator, a boy in Korea charge. That would be determined by !! Senator McCLELLAN. Yes, sir; I am. who goes to sleep on his post of duty is court proper trial, whether they were criminally The CHAIRMAN. If they refuse to testify martialed and a death penalty is provided for culpable or not. ·as Zwicker refused, will you find them in him. Don't you agree with me that where The CHAIRMAN. You said the blame should contempt or what will you do? someone deliberately covers up month after have been placed on the shoulders of those Senator WATKINS. I think I will get the month after month for Communists in the culpable. By the term "culpable" you meant answers with a little cooperation of the military, that he is, using your language, nothing wrong? Army and Secretary Stevens. I think I will much more culpable than a young kid who Senator WATKINS. I did not necessarily get the answers if I am permitted to proceed ·has been awake for 18 or 20 hours and who mean criminally culpable. They were re ·with it. goes to sleep on his post of duty? sponsible. Responsible would probably have · The CHAIRMAN. In other· words, you think · Senator WATKINS. Yes, I will agree with been a better word. But you cannot hang a you can find out who has been covering up that; a man who has been doing that. B~ man for writing a report with as many words for Peress? first of all, I want to be dead sure he has in it as that if you get one word slightly off Senator WATKINS. I never could find out been- doing· that. key. There was no intention to say that that which would satisfy you. I will say that The CH4IRMAN. Unless the Senators have anybody had committed a crime, becau~e we very frankly. I do not believe you could ever some questions, I think we have wasted one did not know that, and we do not step out be satisfied unless you can find somebody morning. I had hoped that you would tell and judge them in advance. that ought to be shot or hung. us ahead of time you knew nothing about The CHAIRMAN. I am not asking you about The CHAIRMAN. Do you think you could this situation, Senator. a claim. You say there was a wrong done-, ·! may say that I think a man who covers up · Senator WATKINS. It was my purpose to is that right? "for a traitor under our law should be shot come before your committee and make such Senator WATKINS. It stands for what it or hung. 'answers as I could make· in response to your says, and I do not care to explain it further. Senator WATKINS. Right; I will agree with invitation. The CHAIRMAN. Senator, I am trying to find you. The CHAIRMAN: You are asking that I be out. You say I should have put the blame The CHAIRMAN. Many American young censured for not placing the blame on the on the shoulders of those culpable. I am men have died, many American young men 'shoulders of those culpable. You say now trying to find out whether you think there will die, Senator, because traitors have been that you think by some mysterious process was somebody to blame. covered up. your committee might be able to get the wit Senator WATKINS. Somebody was responsi Senator WATKINS. Have you-- nesses to disregard the Presidential directives. ble for h is promotion and discharge, that is The CHAIRMAN. Those .traitors, under the ~f you have such a way of getting that infor what I meant. ·law, should be shot or hung even as our mation, you are welcome to proceed. I would The CHAIRMAN. There was nothing wrong young boys were shot and mutilated out in like to see you try and get it. with that? Korea. The cominittee will be adjourned unless Senator WATKINS. I do not know whether it Senator WATKINS. Let me ask you this- there are any questions to be asked. was wrong or not. That would depend on The CHAIRMAN. This is no laughing matter, (Whereupon, at' 10:45 a.m., the cominittee the facts. Senator. If you think you have a secret way recessed, subject to call.) The CHAIRMAN. Senator, I perhaps should of finding out who the secret master ~s who Mr. JOHNSON of Texas. Mr." Presi be censured for what I am about to say if I 'covered up for Peress, we will be glad to- am to be censured for what I said to Zwick very happy to-have you try and force the dent, I suggest the absence of a quorum. er. I Inight say that a Senator who repre testimony from the witnesses. We will be The PRESIDING OFFICER. The sents the great State of Utah, who comes ·glad to have you do that. Secretary will call the roll. here and says he does not know whether Senator WATKINS. I would say this: that I . The Chief Clerk proceeded to call the someone should be blamed for promoting, would like to ask you this question: Do you roll. honorably discharging, a man who has gradu think Peress ought to be shot or hung on Mr. JOHNSON of Texas. Mr. Presi ated from a Communist leadership school, a the situation as it' stands at present withou~ dent, I ask unanimous consent that the Communist leader, a man who owes his duty a trial? order for the quorum call be rescinded. to a foreign country, a man that was a traito~ The CHAIRMAN. I did not say Peress should to this country; a Senator who says, "I don't be shot or hung; I said any man in our The PRESIDING OFFICER. Without know whether he is at fault, I don't know Inilitary who covers up for traitors, who cov pbjection, it is so ordered. whether those who protected him are at fault ers up men guilty of treason, under the law: The question is on agreeing to the first or not-I wouldn't say," but. who says and there is a death penalty. You try to make a committee amendment. argues on the Senate fioor that the man who joke of that. You say that I would not be M~\ CA~~. . .Mr. President, I think tries to find out ·who has been the secret satisfied until I can find someone who should that many Members of the Senate are master covering up for this man, that such a be shot or hung. aware of the report which has come to Senator certainly is derelict in his duty. And Sen~tor, when we have secret masters in to that is putting it very, very Inildly. the military covering up, covering up, cover our attention with refer-ence the pres.:. Senator, you should be just as concerned ing up for Communists, then they should be: ent physical condition pf 'the junior Sen as I am about finding out who is protecting subjected to the full responsibility of the ator from Wisco:p.stn. I think the Senate the traitors in this man's Army. We know law. It is no laughing matter, Senator. will gfve further consideration to that that somebody protected Peress. You know senator WATKINS. I was .not laughing, and situation during the day. as well as I do that while I bave been begging the record will so show, the pictures will sa. I wish to say at th-e outset that the and coaxing the Secretary of the Army to give show. I was not laughing. But I say this: remarks I desire to make now are not ~QNGRESSION :A-L - RECORD~ SENATE 16117. adverse to the j-unior-Senator from -Wis to the-office of the senior Senator from cult - for the representatives of the In consin, but are in his interest and will .Utah at approximately 10 minutes of 2 spector General to operate thereafter. · relate entirely to the new· evidence which last Saturday afternoon, November 13. Consequently, and apparently for the .came to the attention of the members In the office of the senior Senator from same reasons that these names were not of the select committee over the past Utah at the time I arrived, or within a made public by the committee headed _by .weekend, and which was the basis of-my .moment or · two· thereafter, were two my colleague, the distinguished senior letter to the chairman of the commit~ other members of the select committee, Senator from South Dakota [Mr~ tee, which was placed in the RECORD on 'the distinguished senior ·Senator from MUNDT], whom I see before me, the select Monday. with reference to the second .Colorado [Mr. JoHNSON] and the distin committee decided that they did not care amendment proposed to the resolution, guished junior Senator from Mississippi to see the names on Saturday afternoon. and in which I stated that I could not [Mr. STENNIS]. With the chairman of If my colleague wishes· to correct me as support that. amendment. · the select committee was Secretary to my assumption, I hope he will do so. I desire -to make this statement be Stevens. · Secretary Stevens had a folded sheet cause, although I have placed the basic During the meeting which ensued, Mr. on which, presumably, those names were evidence in the RECORD by way of inser... Milton, assistant to Secretary Stevens, listed. He referred to it and o:fiered it to tion, I am aware of the fact that some appeared briefly for a conference with us, but no member of the select commit Members of the Senate have not had it the Secretary. tee expressed any desire actually to loo~ called to their attention; and, further, The clerk or assistant to Senator WAT at the· list, in view of the statement set that the statements I have made with KINS reported that he was unable at torth in the letter. respect to the origin of that evidence .that time to locate the distinguished At some time during proceedings on have not had widespread circulation or junior Senator from Kansas [Mr. CARL Saturday afternoon, I asked to see the are not fully or ·generallY understood. -SON] and the distinguished junior Sena copy of the letter which the junior Sen~ The Members of the Senate who heard tor from North Carolina [Mr. ERVIN], so ator from Wisconsin had written to Sec .. my remarks during last week or at any they were not present. It was somewhat retary Stevens. I was .impressed by the other time during the deliberations on ironical that the junior Senator from contents of the letter, and I shall call the resolution of censure will recall that Kansas [Mr. CARLSON], who had sug attention to them later. But with re .. when any questions were directed to gested a further contact with Secretary spect to the letter and the names which ward me with respect to the so-called Stevens, could not be present at that were involved, someone asked the num Zwicker matter last week I stated that time. ber of names contained in the list. I was not prepared to discuss that ques Secretary Stevens, apparently, had Secretary Stevens said, "Approximate- tion at that time. I indicated that at a .been requested to bring with him such ly 30, but they are grouped. There are later date, if some information came to information as he thought might be 4 or 5 or 6 that had to do with the in the committee on that subject, it would pertinent to the consideration of the duction of Peress. There are 4 or 5 or be made available to the Senate. I made Zwicker-Peress angle of thiS whole mat 6 that had to do with his promotion. that statement deliberately. ter, and he brought with him two letters. There are some that had to do with the The fact is that when the committee 'He may have had others, but he brought medical phases of his service," he hav.. reconvened on November 8, pursuant to to the attention of the committee two ing come in under the doctors' and den the call for the special session of the letters of importance. tists' provision of the draft law. "There Senate, the distinguished junior Sena · One letter was a copy, in full text, of are smne names in another group that tor from Kansas [Mr. CARLSON] stated .the letter which the junior Senator from had to do with the change of orders. to the members of the select committee Wisconsin [Mr. McCARTHY] had written There is another group of names of that he was not entirely satisfied with to Secretary Stevens under date of Feb those that had to do with his discharge." the information which 11-ad been de-: ruary 1, 1954. The other letter of par· Someone asked, "Is the name of Gen veloped with respect to the Zwick~r ticular significance which he brought to eral Zwicker on the list?" Per'ess matter. He felt there was addi our attention-he may have had other Secretary Stevens said, "It is not." tional information which might be ob letters-was a letter addressed to my col Then I asked, "With respect to the tained by contacting the appropriate league, the distinguished senior Senator group of names that had to do with the authorities in the Army. ·from South Dakota [Mr. MuNDT], who discharge of Peress, is the top name on Thereupon, on Tuesday, November 9, presided at the so-called Army-McCar .. that list a brigadier general or a major 1954, the second day the Senate was in thy bearings. It was, I believe, dated in general?" session, the junior Senator from Kansas June. In any event, that letter dealt I asked that question because one of brought up the matter during a formal with a request for the names of the per.. the facets or aspects of the whole mat... executive meeting of the committee. A ·sons who had been involved in the Peress ter was whether General Zwicker was suggestion or perhaps a motion was ·matter. I shall deal with that letter the top officer who was responsible, or made by the Senato-r from -Kansas. In first. whether a superior was involved. any event, action was taken which ap That letter stated that the names Mr. Stevens replied, "Neither; higher pears in the minutes of the executive would be made available to the commit than that." meeting, and on Tuesday of last week; tee. They were available on a separate In other words, the man at the top of November 9, the select committee au sheet of paper, but it was suggested in the group O·f officers who made the final thorized the chairman, the distinguished the letter-and, of course, this is a sum determination for the Peress discharge senior Senator from Utah [Mr. W AT mary, so to speak, of the purport of the was not a brigadier general, which was KINS], to contact the' Department of the letter-that the Department of the Army the rank that General Zwicker had, was Army, and to endeavor -to arrange a hoped that the names would not be made not a major general, but was someone meeting with Secretary Stevens. That public, because there was a considerable higher than that. action was not made public at the time, list; that many of the names were of per.. Thereupon, I suggested to the chair but those are the facts as all the mem sons who had dealt in a clerical capacity man, "If this can be regarded as a for bers of the committee know. This with some phase of the Peress matter; mal meeting, I move, and if it is not ~ occurred on Tuesday of last week. that publication or release of their names. formal meeting, I suggest, that we have Secretary Stevens was out of town. I would cause embarrassment to them or a meeting of the committee at 9. o'clock understand ·the chairman of the select to members of their families unneces .. Monday morning, a public meeting, at committee endeavored to contact him at sarily, because they were not persons who which time we shall ask the top man another time during the week,-but the had anything to do with the policy deter· in the discharge group of names to be Secretary was still out of town. · · minations or decisions involved. present." On Saturday afternoon, at about 20 · Another-reason given by the Depart.. The point was then made by some- minutes of 2, I received a call from the ment of the Army in expressing the hope one that at -9-o'clock Monday morning, chairman' of the committee, the senior that the names would not be made public the chairman of the committee, the Senator from Utah, who ·said he woulq was that the names had been obtained Senator from Utah tMr. WATKINS], had like to have me come .to his office. He by the action of the Inspector General,. been asked to appear before Senator did not state the reason. I was tempo.: and that to release the names would, in McCARTHY, and that that would cause rarily Qti;le_rwise engaged, and I said I some way, involve the activities of the In a conflict. The further point was made would be present in 10 minutes. I went spector General, and would make it diffi· tha-t the Senate was due to begin its c--1oa 16118 CONGRESSIONAL RECORD- SENATE November 18 session on Monday at 11 o'clock in the record, as everyone knows. We assumed legislative branches of the Government, morning, and that it would be difficult it had been placed in that record, be because the. Army gave priority to the to have a hearing or accomplish any cause I recalled that it had been pub request of Major Peress for an imme thing under those circumstances. lished. There was not anything secret diate discharge, over and above the re I stated at that point that I would be about it at all. quest by the chairman of a Senate inves satisfied if we could have certain infor Mr. CASE. I am not saying there was tigating· committee that the Army defer mation from Secretary Stevens. I asked any adverse intent in the fact that it action, that it file charges, that it hold two questions as to which I thought was not put in the record of the select the man, and that· it probe his activities . Secretary Stevens should give informa committee, but I merely state, as a sim and see whether it thereby would un tion. ple matter of record, that it was not cover some of the network of infiltration The first was, "When did you receive, there. So it was not in the record which into the Army. or when did the Army receive, the let I read at the time I returned for the ex The good faith and cooperation be ter dated February 1, 1954, by Senator ecutive meeting of the committee follow tween the executive and legislative McCARTHY addressed to you?'' Secre ing the time General Zwicker testifiem the chairman of a minor commit What happened then? I suppose did state, when he was permitted totes~ tee. I hope the Senate will not say that Major Peress went back to Camp Kilmer, tify about what he knew or did of his it will censure one of its Members be and I suppose Senator McCARTHY came own knowledge, that after Peress came cause he lost patience when, on such a to Washington. The next-day was Sun to him to ask him for an immediate dis foundation, his formal request was re· day. Nothing happened on Saturday charge, instead of gi.ving ~t to him that jected and preference was given to the afternoon or on Sunday. I suppose it day or immediately, he telephoned his 1954 CONGRESSIONAL · RECORD- SENATE 16121 next superior officer in the chain of com Mr. CASE. It did not come to my Mr. CASE.· Yes. There is direct testi mand, the Chief of Staff of the First attention until withi'n the past 2 or 3 mony that he did, after Peress came in Army. days, when someone advised me that and after the discharge, communicate I have also heard-and this was not be that information was contained in a staff to his immediate s~perior, the Chief of fore our committee, but is based on a staff memorandum of the investigating sub- Staff of the First Army, and advise him. memorandum-that General Zwicker committee. • Mr. JENNER. Mr. President, will the was in contact with the Pentagon, either I do not know that that particular Senator from Illinois yield at that point? directly or through the chain of com point was ever brought to the attention Mr. DIRKSEN. I do not want to spoil mand through the Chief of Stati of the of the select committee so that it would the continuity of the colloquy. First Army, 2 or 3 or 4 times on February receive the individual attention of its Mr. JENNER. I think I can explain 1 and February 2. members. that the question was not before the se However, the fact remains-and I say Mr. DIRKSEN. Does the Senator lect committee. this in defense of General Zwicker-in from South Dakota know whether the the hypothetical case which Senator Mc request of Dr. Peress was in the custody Mr. DIRKSEN. I understand that. CARTHY presented to him about someone of General Zwicker? Does the Senator from South Dakota who had stolen $50 being up for dis Mr. CASE. I shall have to speak from know that there was a staff memoran charge, and whether General Zwicker memory. I believe that somewhere dum in the possession of the committee would suspend action on the discharge along the line it was indicated that Gen at the time General Zwicker appeared of such a person, General Zwicker did eral Zwicker had access to the file and before the committee which indicated say that he would holcf up the discharge that he was perpetually plagued in his that on the 1st day of February, the because if something which had oc own mind during the hearing before day before the Peress discharge, General curred was within his ·knowledge there Senator McCARTHY as to what he should Zwicker interviewed Dr. Peress and im were orders covering such a situation. testify to from knowledge on his own part pressed upon him the necessity of get However, General Zwicker did not give without giving an answer which re:tlected ting out of the Army as quickly as pos Peress a discharge immediately when information which came to him from the sible? Peress asked for it. General Zwicker files. Mr. CASE. I do not know that such alerted the Pentagon through the Chief Mr. DffiKSEN. Does the Senator a staff memorandum of the investiga of staff of the First Army. There was a know whether General Zwicker's com ting committee was in the possession of little colloquy at the hearing about whom mand did recommend or endorse or con the select committee or its staff. I do he had talked to at the Pentagon. He cur in the promotion of Dr. Peress? not know. used the name of General Gurney, but Mr. CASE. My recollection is that Mr. DIRKSEN. . If the Senator will later it turned out to be General Mur General Zwicker was asked the direct permit me, and if it is not in violation of phy. However, in talking over the tele and specific question as to whether he the rules, since it is not in the form of a phone he had asked for the Office of the approved it or whether he filed a protest question, with all this information in the Chief of Staff, and he did not know with against it, and he said he had had no possession of the committee in the form whom he had talked, until that person opportunity to do that. From that I of staff memorandums, and the belief called up and said that he was the one took it that he personally did not make that General Zwicker would appear as a to whom the general had spoken. the promotion, and that he had no op friendly witness-but when he actually The record is clear that General portunity to protest it, once it was made. appeared, he was not quite so friendly Zwicker had alerted the Pentagon That is my recollection; is it the opinion of the Senator from through the Chief of Staff of the First My further recollection is that he South Dakota that that could have given Army, in the line of command, that knew it went to the matter of the dis rise to provocation and probably have Peress had come in and asked for the charge, and that the first time that intensified the feeling manifest at the exercise of the option under the order question-was raised with General Zwick time, knowing what was in the staff files and wanted an immediate discharge. er he indicated that he would like to and comparing that, of course, with the Thereupon the Army had two requests be excused from answering the ques answers General Zwicker made in pur before it. One was from Peress for his tion as to whether he had protested the suance of c.ll the inquiries of Dr. Peress? immediate discharge. The other was discharge. Whether that indicated that Mr. CASE. There are many factors from the chairman of a Senate commit if he were permitted to testify he would that entered into it. I think probably tee, who had requested that charges be have said he did or he did not, I do not one c0uld go back and, if he wanted to filed against Peress and that the matter know. open up the way for the Army-McCarthy should be looked into and that the Pen I ·took it, however, from his subse hearings and the Peress hearings, and tagon should keep its finger on Peress. quent testimony, made when counsel went back to the fall of 1953, he might Mr. DffiKSEN. Mr. President, will was with him as he appeared before the find some things that would be cumula the Senator from South Dakota yield select committee, that he did call up the tive as to the mental attitude of General further? Chief of Staff, First Army, his immediate Zwicker and the mental attitude of the Mr. CASE. I am happy to yield. superior in the chain of command, that junior Senator from Wisconsin when Mr. DIRKSEN. I have about a dozen either it was in the nature of a protest they got together. When we have so questions I should like to ask. By way against the discharge being made at that many small things, each of which makes of a preface to my second question, let time, in the light of Peress' conduct at some contribution, it is not helpful to a me say that the staff memorandum was the hearing on the Saturday preceding, judgment to try to bring in this little before the committee at the time that or he did it as a precaution so that the thing or that little thing. General Zwicker appeared, and all the decision for proceeding under the alter What I have tried to confine myself to information was in the memorandum native in the first paragraph of the sep ~as been the central issues involved; and and was within the knowledge of the aration order would rest at the highest It seems to me that the central issue in committee. Therefore it does have some possible level, or, at least, not at the volved in section 2 of the amendment bearing on the question of provocation. separation center itself. was the breach of good faith between the Mr. CASE. That was not brought to Mr. DIRKSEN. Having in mind that branches of the Government. I think the attention of the committee. · General Zwicker appeared before the this record will maintain it. And I rec Mr. DffiKSEN. However, did the committee on February 18, and having ognize it is a two-way street. committee know or does the Senator in mind that Peress was actually dis I want to confine myself to the legal from South Dakota know that the staff charged on the 2d of February, 16 days arguments presented in the defense memorandum indicated that there was before •. does the Senator from South Da counsel's memorandum on that point. a board in the Army consisting of 3 gen kota know whether on the first of Feb· I think we have to look at things that eral officers, which had the Peress case ruary, the day before Peress was dis would in some way obstruct the proc before it no less than 4 times, and that charged, General Zwicker did commu esses of the legislative branch of the one of the general officers was in favor of nicate with the Chief of Staff of the First Government or the processes of the exec disposing of the matter forthwith, and Army concerning Dr. Peress? utive bi·anch of the Government, or the that the other two general officers de· Mr. CASE. Between what dates? relationship between them. 1 wish to murred? Did that come to the atten Mr. DIRKSEN. On the 1st of Feb come back to that. But I shall yield for tion of the committee? ruary. a further question. 16122 CONGRESSIONAL- RECORD - -SENATE November 18 . Mr. DIRKSEN. I have only one more I do not say that the use of such lan lect committee- and -in fairness to the question. .. guage was justified, but I say that the Senate. I should say that the select The language of the resolution indi Senator who used such language might committee was disturbed by that sit- cates that intemperate language .was be forgiven, if its use came as the cul _uation. · used. Intemperatelanguageislanguage mination of a situation in which he had Mr. JENNER. I should think it was. which comes from an individual when to semi a letter to the Secretary of the Mr. CASE. The select committee des he loses his temper. The easiest way to Army, after he had learned that the man ignated the chairman of the committee, lose one's temper-and, incidentally, under investigation was about to-get an _the distinguished senior Senator from that is one of the vices even of the vir honorable discharge; and after he had Utah £Mr. WATKINS], and me to con tuous in this rather cynical age--is to sent his letter he had then learned that tact SecretarY· Wilson and tell him that be provoked. With all this information :first consideration had been given to the we were not satisfied with the evidence in the staff files and before the commit o:mcer involved in -the matter, and that which we had been able to develop from tee, before General Zwicker ever ap the action "was about to be consumma General Lawton under that restriction. peared before the committee on the 18th ted" and given preference over the re .We · called Secretary Wilson one noon- of February, is it not, then, fully under quest of the chairman of a committee time from, I believe, the omce of the standable that when his testimony was of the United States Senate. .senior Senator from Utah. It was on evasive, in my considered judgment, - Mr. JENNER. Mr. President, will the the day when Secretary Wilson was when his testimony went off in this di Senator yield? about to depart for the special confer rection and that.direction and was not Mr. CASE. I yield. ence of the National Security Council, responsive to the questions of the chair Mr. JENNER. I think a reading of which President· Eisenhower had called man, the chairman could have been eas the hearings of the select committee, in Colorado. Secretary Wilson came up lly provoked? . Although I have never on pages 166 and 167, might explain why _with Mr. Brucker, who was formerly known him to admit that he lost his. tem:.. it was that' the select committee of the Governor of Michigan. .per-, yet _provocation does. lead ·to intem- ·senate was not able to-get all ·the· facts ~ ·We discussed the matter. I think the perate language. So, if we are going to and evidence upon which the Senate is .Senate -is entitled to know about our con use a rule in one case, we should use it expected to act. Let me read: ference, although I do not know whether in another case, because in the commit Mr. WILLIAMS. Now, on that occasion, did ·it has_ever been discussed or made pub tee report itself the committee says it .you have a conversation with him regarding lic before. could not very well underta~te censure of .Senator McCARTHY and the work of the Sen• Secretary ·Wilson and his counsel came the distinguished Senator from Vermont ate Permanent Investigating Committee at before us and talked with us about the [Mr. FLANDERS] because there was prov Fort Monmouth? restrictive order. I may say, to give all ocation. Then, how do we use another General LAWTON. I will have to respect fully decline to answer that question on the .due credit to the chairman of the select rule when all the background, all the basis of the Presidential directive of May 17, ~committee, that the chairman very vig facts, all the information in the staff 1954, regulations based upon that which pro o;rously said to Secretary Wilson, "We memorandums before the committee in hibits members of the executive department think you ought to take the wraps off dicated how easy there could have been from revealing conversations between em General Lawton and General Zwicker, so provocation which led to :,ome intemper ployees thereof. that they can testify, and that we can ate language? Mr. WILLIAMS. Do I understand, sir, that get dir~ct ~nswers to some of the ques _ Mr. JENNER. -Mr. President, will the you refuse to answer the question wl)ich is tions asked." . ·directed to the substance of your conversa Senator from South Dakota yield? tion with General Zwicker? They first told that th-ey were about · Mr. CASE. In a moment. General LAWTON. That is correct. to go to Denver for the conference with - I do not happen- to agree with the . Mr. WILLIAMs. And I understand you base the President; that a time limit was in Senator from · Illinois . that General your refusal on the order of May 17? volved, and they could not do anything Zwicker was evasive. I thought he fol General LAWTON. Yes. ~t that moment. But the chairman of lowed a pretty clear line when he was Mr. WILLIAMs. Do you have a copy of that the select committee, the Senator from trying to testify as between what he _order with you, General? 'Q'tah [Mr. WATKINS], insisted that we knew specifically and firmly within his General LAWTON. I haven't; no. should have some sort of answer that own knowledge and what he had read Mr. WILLIAMs. Don't you know, General, day. We suggested that the Secretary of in the newspapers, and separating either that order of May 17, 1954, referred only to the Government Operations Committee and Defense confer with the Attorney Gen of those as to what he could testify to as the hearing then in session which was com eral, Mr. Brownell, with respect to the . against that which was reflected knowl monly known as the Army-McCarthy hear statutes involved, to see if it were not edge, which came only from the official ing? possible to get a relaxation of the order. .files which he was forbidden to use. General LAWTON. I recall exactly what you That was done, and the chairman re I do not contend that the whole sit say, but I have taken advice from counsel ceived a letter, which appears on page uation which I have described was justi and other sources and after that counsel, 434 of the hearings. The background of fication for the use of intemperate lan it is my belief that that directive not only applied to the so-called Mundt committee the letter is contained in the record, but guage, but I say that it suggests miti but it applies to this or any other; and, I can give it. gation. In the memorandum which I therefore, I still would have to respectfully The letter, dated September 10, 1954, placed in the RECORD on Monday, I said decline. · signed by C. E. Wilson, Secretary of De to the chairman of the Senate select Mr. WILLIAMs. General, will you tell this fense, is addressed to Hon. ARTHUR V. committee that if this o:ffl_cialletter was committee, counsel, and myself, with whom WATKINS, United States Senate, and was ignored, and an immediate and favor you talked about this since Monday night? the result of the conference. The let _able response was given to the hurry-up General LAWTON. I will have to respect ter came before the select committee. request of a known Communist to be dis fully decline to answer that one on the basis In part, the letter reads: that the same directive--conversations be charged from the Army and get away, tween two employees of the executive-. Testimony regarding facts, and action doc then the chairman of the investigating uments in regard to orders, actions, and committee, or any other chairman, might I shall not take the time of the Senate similar matters_ not directly affecting na be forgiven if he lost his patience, when to read all the colloquy, but at the top tional security and not dealing with conver later the man who happened to be in of page 168 of the hearings the follow sations, commu~cations, and letters affect ing appears: ing policy and reasoning back of the ac charge of carrying out the action covered tions in many cases are not prohibited by up for his superiors. Mr. WILLIAMS. You talked to Mr. Brucker, 'the :Corementioned Presidential order. I do not say it justifies the use of such the General Counsel o:C the Department o! Generals Lawton and Zwicker are being so language a,.s was used toward a general Defense; did you not? advised. This was the intent of the advice who had the distinguished record which · General LAWTON. I will have to respect previously given by General Counsel Bruck .General Zwicker had. I would not have fully decline to answer that one, on the same er to General Lawton when he was advised used such language. I do not think basis. that his retirement status did not change his responsib111ty under the Presidential many other Senators would have used How can Senators vote for censure order. such language, namely, that General when they do not have the facts? - The full text of this letter wm be fur Zwicker was not fit to wear the uniform Mr. CASE. Let me answer the Sen nished personally to Generals Lawton and ()f an officer of the United States Army. ator's question, in fa~rness to the se- Zwiclter for t.heir guidance. 1954 CONGRESSIONAL RECORD- SENATE 16123 It was on that basis that General Law· Mr. CASE. I do not know that I can had ever been OD, which· means officer ton, who was recalled before the com ·account for it. I think we had to take of the day. There followed questions mittee, testified further in answer to both statements as they were submitted. which related to whether or -not Peress questions, perhaps in not too great detail, It is entirely possible that General Zwick had served as OD. _ but somewhat more freely than he had er may have had a conference with Gen · I am not impugning the honesty be testified before. I think he left with the eral Lawton which he did not recall at fore the committee of the witness who committee the feeling that he had the the time he was asked about it. came from New York-and he was the impression that General Zwicker was not Mr. BARRETT. Can the Senator from only witness to the incident-who testi:.. friendly to Senator McCARTHY. South Dakota tell me if it is reasonable fied to the s. o. b. utterance. I think it On the basis of Secretary Wilson's let to believe that a general officer of the is entirely possible that he thought he ter, also, General Zwicker testified in United States Army would not remem heard such a remark. I do not question greater detail. That is why I think Gen ber a conversation with another general that, but I suggest that all interrogation eral Zwicker felt he could testify that he officer with reference to a United States at that point was as to whether or not had personally notified the Chief of Staff Senator? Peress had been an OD. Then when of the First Army about the Peress re Mr. CASE. The junior Senator from Zwicker sat down, whether he said s: o. b. quest, whereas in the earlier hearing he South Dakota is not going to ·speculate or OD, or something like it, I do not had not felt free to discuss it. upon the ability to remember of any know. Mr. JENNER. I thank the distin general officer of the United States Army. But the whole incident is relatively im guished junior Senator from South Da I think the record will have to speak for material. At best it would merely be a kota for his explanation. I think he itself, and everybody will have to make little sidelight indicating whether or not has contributed greatly to the debate. his own judgment or appraisal of that. Zwicker at the moment felt a little dis Mr. BARRETT. Mr. President, at the I personally do not feel that I know gust over the affair. I have never as outset I should like to pay my respects either officer well enough to speculate sumed that General Zwicker proceeded to the select committee. The task as about his memory ability. on the basis of fundamental antipathy signed to that committee was not only Mr. BARRE'IT. There is one other .toward Senator McCARTHY. extremely unpleasant but exceedingly matter I should like to inquire about · Mr. MALONE. Mr. President, will the difficult as well. One is constrained to in connection with General Zwicker. Senator yield? agree with the committee that it "faced There was a statement made, under oath, Mr. BARRETT. Mr. President, will an unprecedented situation," if not an by a businessman from New York, by the Senator yield further to me? impossible task, when it was called upon the name of Hamilton-- Mr. CASE. I am glad to yield to the to bring in its report within a matter of Mr. WELKER. Harding. Senator from Wyoming. weeks and, worse yet, to do so with "few M:r;. BARRE'IT. Hamilton or Harding, Mr. BARRET!'. The sole purpose of precedents to serve as a guide." to the effect that he was sitting next to asking these questions with reference to I want to join with the statements General Zwicker_at one of the McCarthy General Zwicker is to ascertain if the made by many of my colleagues here on hearings when General Zwicker was Senator from South Dakota came to the the floor of the Senate that the select -asked a question by Senator McCARTHY, same conclusion that I did after reading committee are fair, upright, and honor and that, after answering the question the hearings; namely, that General able men and that each member of that and when he was sitting down, he heard Zwicker was very-definitely of the feel committee enjoys the respect and the General Zwicker mutter under his ing that the United States Senate, a complete confidence of the entire Senate. breath, "You s. o. b." When the select committee of the United States Senate, - I want to congratulate the junior Sen committee interrogated General Zwick and the chairman of a committee of the ator from South Dakota [Mr. CASE] for er with reference to that incident, did United States Senate were interlopers, so the splenQ.id manner in which he has he deny it? . to speak, when it came to interrogating presented his views on this entire matter Let me ask the distinguished Senator a general officer of the United States and in particular the excellent disserta from South Dakota if- he thinks it rea Army. tion here today. sonable to believe that a general in the Mr. CASE. No, I did not come to that - Mr. President, I have been greatly dis United States Army should have been conclusion. turbed about two matters in connection able to remember whether he had used Mr. BARRE'IT. I desire to ask the with the testimony of General Zwicker. such offensive language and if he con Senator if he believes that General In the first instance, as the distinguished siders his answer entirely full and frank Zwicker knew, which I am sure he must junior Senator from South Dakota [Mr. when he testified: "I do not recall mak have known, of the provision in the Con CASE] has just indicated, General Law~ ing any remarks," and "I have searched stitution that gives the Congress the ton has testified at great length that he my memory very carefully; and to this power "to maRe rules for the government had called on General Zwicker in Decem ·moment I have no recollection of having and regulation of the land and naval ber 1953, and had discussed with him made any such remark"? forces." security problems at Fort Monmouth Is it reasonable to expect that a gen Mr. CASE. The Senator from South and the work of Senator McCARTHY's eral officer of the United States Army Dakota is aware of that fact. committee with relation thereto. Gen ·would not remember, and could not say Mr. BARRET!'. I am not questioning eral Lawton testified that he left the con categorically that he either called Sen whether the Senator from South Dakota ference with the distinct impression that ator McCARTHY an s. o. b. or he did not is aware of it; I am talking about Gen General Zwicker was antagonistic toward -call Senator McCARTHY an s. o. b.? eral Zwicker and whether it was tlie im Senator McCARTHY. Mr. CASE. There is one aspect of that pression of the Senator from South Now, Mr. President, I was astounded incident which has not been brought out. Dakota that the general was aware that when General Zwicker appeared before The question about which General the United States Senate, as a part of the select committee and testified that Zwicker was asked at that time related to the legislative arm of this Government, he could not recall discussing Senator whether or not Peress had ever been had a duty in connection with the hear McCARTHY in his conversation with Gen officer ·of the day. If the Senator will ings of the McCarthy committee. eral Lawton and I should like very much -read the questioning of General Zwicker Mr. CASE. I am sure he did. He if the Senator from South Dakota can at that time,-I think he will see, and my came before a committee. 'in any way account for the failure of recollection is, that that questioning oc ·Mr. BARRETT. If the Senator from General Zwicker to remember.having any curred in the morning, when General Nevada [Mr. MALONE] will bear with (!onversation with reference to the jun -Zwicker was sitting in the audience dur me for a moment, there is one other ior Senator from Wisconsin, particularly ing the interrogation of Peress. It was point about which I should like to in in-view of the fact that General Lawton n'ot in the afternoon, when General quire. I should like to ask the Senator testified that he tried to explain to Gen Zwicker was called formally to testify. from South Dakota if, by chance, the ·eral Zwicker the work of the McCarthy At one time during the morning hear committee was able to get any explana committee in the Fort Monmouth inves ing Senator McCARTHY, noting General tion whatsoever of the third point in Sen- tigation and endeavored to convince him Zwicker's presence ih the audience, · ap ator McCARTHY's letter, and I read: - that he did not think his attitude toward parently directed an inquiry to him and · (3)' As above stated, when this officer was Senator McCARTHY was proper. asked him whether he knew if Peress assigned to a duty station at Yokohama, he 16124 CONGRESSIONAL ·RECORD-SENATE November· 18 aucceeded in getting . those orders .changed course, every Senator is entitled to fo:rm. \lable contribution to this debate on No and being assigned. to a duty station In the his own opinion on this point. vember 15, .when he said, in words of one United States merely on the grounds that Personally, my opinion of General ~yllable in regard to the second count his wife and daughter were visiting a psych!.; of the resolution: atrist. As you and I well know, a. vast num.. Zwicker is not the one which has been ber o! · young men -wrth much more a.ggi'a expressed by the Senator from Wyo Therefore, I shall not vote for it. vated hardship ·stories· of sickness in the ming; but J: accord to the Senator from family, etc., who ;request deferment froxn Wyoming the fullest right to place. his , I ask the distinguished Senator to con !orelgn service are of ~ecessity required to own interpretation upon the record. , firm, that it was because he had foupd serv!3 their usual time outside this country. , Mr. WELKER. Mr. -President, will the new evidence-:---: · . Mr. CASE. Very definitely so: Did anybody in the United States Army Senator from South Dakota yield to me for a brief question? .. · Mr. MALONE. That the proper Army enlighten the committee and explain how ~:tncer~ had been alerted of the position Major Peress was able to get recalled Mr. CASE. The Senator from Nevada £Mr. MALONE] has been on his feet for of MaJor Peress prior to his honorable from Yokohama before he even landed discharge from that body. at the port and to be ordered back to a long time, waiting to question me. sO I should -like to yield first to him for Mr. CASE. In time. .duty at Fort Kilmer, N. J., especially · ~r. M~NE. They were officially when he did _not even know the name questions. . Let me state that I . believe I should notified pnor to the discharge of Major of the psychiatrist whom his wife and Peress. daughter were consulting, and that was yield for questions only. I have been referring to a specific part· of the mat ~ Mr. CASE. And that instead of the the basis upon which he was returned matter before the Army staff being that home? ter, and now I yield only for questions. Mr. BARRETT. Mr. President, at this ~ disch~rge, which presumably had been Mr. CASE. That is one of the matters ISsued, · should be reversed,'' as was sug ·which I feel could have been appropri time I should like to ask one more ques ~ion of the Senator from South Dakota. gested by Secretary Stevens' letter of ately investigated by the Army before it February 16, it actually was considera let Peress go. It is my feeling that, the Mr. MALONE. Mr. President, I shall be glad to defer my questions, if that is tion of a discharge "about to be consum Army having. been alerted, and that ques mated'', as he states in his letter of last tion having been raised by the chairman agreeable to the junior Senator from South Dakota. Saturday. · · of the committee, the responsible Army Mr. MALONE. And about which he staff should have· looked into the question · Mr. CASE. Very well, Mr. Px:esident· I yield further to the Senator from Wyo~ ·had full knowledge before the discharge b~f~re it let Peress get out· of its juris- was issued? diction. · . ming. Mr. BARRETT. In the light of the Mr. CASE. The letter of the junior Mr. BARRETT. Mr. President, will last statement made by the Senator from ~enator from Wisconsin, now set forth the Senator· from South Dakota yield to South Dakota, I should like to ask him m full text before the Senate, is certainly me so. that I may make an observation whether he remembers a question asked evi~ence that if it was before the re rather than ask a question, provided he sponsible Army staff and was given con does not lose the :floor? by counsel for the committee, Mr. de ~ia, and the answer, as they appear sideration in connection with a dis M~. ·cASE. I yield for that purpose, on page 465 of the hearings, as follows: ch~rge "about to be consummated", they proVIded I do not lose the :floor. had official knowledge of it. Do you recall discussing Senator Mc The PRESIDING OFFICER t the mittee had endeavored to obtain any ad HART], the information shotild be made correction. But regardless of whatever ditional information; I sidestepped that available. So from the file copy which caused him to change his mind-he has questioa a bit, I think. I did say that if was left at the omce a stencil was made chariged it. collaterally we developed any· informa and copies were run o:tr and made avail CHAIRMAN SEEKS TO AMEND RESOLUTION tion with regard to the Peress matter it able to the press within an hour or so Apparently the reason was a lack of would be made available to the Senate. after the letter went to the chairman competent evidence at the time-the That was not an accidental statement. and the other members of the committee. Senator from South Dakota is aware, is It was made because of the fact that Mr. MALONE. Mr. President, will the he not, that the chairman of the select I knew that on Tuesday the select com Senator yield? committee, Senator WATXINS, has said mittee had adopted a formal motion re · Mr. CASE. I yield. he has a further censure charge he as questing the chairman to get in contact Mr. MALONE. Does the Senator un serts he will o:trer. with the Secretary of the Army, Mr. derstand that Senate Resolution 301 will - Mr. CASE. He said that. He said Stevens, and ask him to meet with the be v-Oted upon by sections, or as_a whole? that he, the Senator from Utah, had committee in order that we might de Mr. CASE. As I have previously indi been charged with being a coward, and termine whether he had further infor cated, I understand that if nothing else that he would submit the motion to mation. intervenes, the first vote will be a vote which reference has been made, if no That was why I said last week to the on the first committee amendment, the other Senator submitted it. I respect Senator from Indiana that I preferred amendment to section 1. It is within the him for that statement; the Senator not to discuss the subject further, but first and last words of the original Flan from Utah is no coward. added that if we developed some in ders resolution. There will be a vote on Mr. MALONE.. The Senator from formation collaterally on the subject we that amendment before there is a vote Nevada has never said anything derog would bring it to the attention of the on the amendment proposed as sec atory about any Member of ·the Sen Senate or make it available. That was tion 2. ate, and does not intend to do so. But why, on Monday, at the first opportunitY Mr. MALONE. Does the resolution he is trying to determine the status of following the disclosures over Saturday now read as it is proposed to be voted this matter at the present time. and Sunday, I brought the information upon? Then the chairman of the select com to the attention of the Senate. Mr. CASE. It does. On page 2 the mittee has said he has a further cen At this point let me say also that I did Senator will note that in line 5 the last sure amendment to submit; is that cor not broadcast the information first. As three words are in roman letters. The rect? I was coming downtown in a cab Mon words ahead of that appear in italics. - Mr; CASE. Yes; if no other Senator day morning I asked myself, "What is That is the form in which the Senate in submits it. I think the junior Senator the logical, honest, and proper thing for dicates amendments and original text. from Utah [Mr. BENNETT] has indicated me to do in this situation?" I said to Mr. MALONE. That was a correction that he would submit a motion along that myself, "I think the thing for me to do made by the chairman originally; was it line. is to write a letter to the chairman of not? the committee telling him how I feel Mr. CASE. Oh, no. That was the Mr. MALONE. So a new censure about the matter." He had sent a letter form in which the amendment was resolution or amendment is in the offing? to my office, following a telephone con agreed upon and presented to the Senate. Mr. CASE. The record speaks for versation. I took it home, and there I Mr. MALONE. Meaning that it was itself on that point. reviewed the testimony. Monday morn amended before being presented to · the Mr. MALONE. Then is the Senator ing· when I returned to the Capitol, I Senate-but passing that question, Mr. from South Dakota cognizant of the said to myself, "I will write a letter to President, whether we vote once or twice, present status of the resolution when one the chairman of the committee." in the opinion of th~ Senator from Ne Senator member of the committee has When I reached my office I dictated vada, the distinguished Senator from :r:epudiated one-half of Resolution 301, a letter and asked my secretary to make South Dakota, has contributed greatly and two other Senators--one the chair some extra copies of it. When the letter to this debate by his honesty and man of the censure committee-have was brought back to me I was not satis straightforwardness in coming forward warned the ~enate of pending amend- fled with the phraseology in a few places, when evidence was available to show ments? · so I followed an old editorial habit. I that the higher officers who arranged for Mr. CASE. Mr. President, I think did a little blue penciling. I said to my the discharge of Peress were aware of the Senators will remember that last week secretary, "I think this letter had better accusations, and were officially informed, when I first spoke upon this subject, be-recopied. There are too many inter contrary to the implications of this tes during the first afternoon I addressed lineations and changes." So I asked her timony, or contrary to the understanding the Se.nate-informally and unexpect to recopy it. I said, "Address an enve which the Senator from South Dakota edly-! was interrogated at one or two lope to each member of the select com had in the committee hearings. Is that points - perhaps more - about the mittee," which she did. true? The Senator did not obtain that Zwicker matter. I indicated that I pre I came to the Senate Chamber some idea in the hearings. It was never made ferred not to discuss that subject at that time between 11 and 12 o'clock Monday clear in the hearings. The question was time. morning with the sealed envelopes in my evidently not asked. Either that day or the succeeding day hand, one of them addressed to the chair · Mr. CASE. That is correct. the distinguished Senator from Indiana man and one addressed to each other Mr. MALONE. If not denied, it had [Mr. CAPEHART] asked me some very member of the select committee. I had at least been covered up or made in pointed questions about the Zwicker an extra copy, which I expected to insert determinable for the testimony. Peress matter. I pointed out, first of all, in the RECORD. Mr. CASE. No; it was not covered up. that the secorid count was not pending, · I had intended that the copy for the I certainly would not intimate that any that the first amendment is within the chairman of the committee would be person on 'either side covered up that text of the original Flanders resolution, delivered first, but the page did not quite matter. It simply was not brought for and that until the first amendment is understand. However, within a matter ward. disposed of the second amendment will of a few seconds, or certainly less ·than Mr. MALONE . . It perhaps so happened not be pending, so I indicated that I pre a minute, a sealed envelope containing that no one asked the question? . ferred not to discuss this subject until a copy of that letter was in the hands Mr. CASE. The only suggestion with rater. of every member of the select committee. respect to the contents of the letter of Thereafter the Senator from Indiana At the conclusion of the letter which February 1 was Senator McCARTHY's own said, in e:trect, "It is a part of the whole was addressed to the chairman, I stated summary of it, which did not do justice picture, and there is no reason why we that I was making copies available to the to the letter, in my opinion. should not discuss it." I agreed that other members of the committee and to Mr. MALONE. It so happened, did there was no reason. why it should not the Senate, for the purpose of making it it not, that no member of the committee be discussed, except that I preferred not public, because I thought, to be consist asked the direct questions? to discuss it for the reason given. ent with the record before the Senate, Mr. CASE. It so happened that no As he proceeded with his interroga and to be consistent with my·statement member asked direct questions about it. tion he asked whether or not the com- to the Senator from Indiana [Mr. CAPE- If the Senator will read the transcript 16126 CONGRESSIONAL RECORD- SENATE November ·18 of the hearing on September 13, when Mr. CASE. Of course, so far as- last Friday, stated that so far as he was General Zwicker was before the.commit- Mr. MALONE. The debate being concerned he did not believe the junior tee, at which time the first reply letter rather heated, I would ask the Senator Senator from Wisconsin received a re from Secretary Stevens, the letter of . from South Dakota if he does not believe quest from the Subcommittee on Privi February 16, was introduced, he will find that some of us have a right to ask for leges and Elections at a time when he that some questions were asked by the clarification. might have appeared within the terms Senator. from Colorado [Mr. JoHNSON], Mr. CASE. I shall not say that it is of ·the request, and that if we were con the Senator from Mississippi [Mr. STEN- a simple matter; it is quite ·a complex sidering it purely on a legal . contempt NIS], or the Senator from Kansas [Mr. matter. I have tried to yield generously basis of due notice ana order to appear, CARLSON] which almost skirted the sub- to any Senator who wished to ask me a legaL basis did not exist. However, I ject. · Tne Senator may wonder why the questions. I have tried to clarify any did state that I did not feel that that question did not arise at that time, but questions with respect to the subject. covered the whole ground in that par it so happened that it did not occur to I think, however, that the motion which ticular aspect of the situation. anyone. . . one or the other of the two Senators I may say to the very able Senator Mr. MALONE. At least three Sena- from Utah indicated they might offer from Nevada that he is proceeding to a tors, including the Senator from South ought not to be regarded as confusing point in connection with this whole sub Dakota, have suggested either that they with respect to the matter it reaches, ject on which I had wished to conclude do not agree with the resolution in its namely, something that occurred during my remarks. If the Senator will permit present form, or that they will offer the debate in the present session of the me to do so, I should like to conclude my amendments to it. That is true; is it Senate. remarks on that point. not? , Mr. MALONE. The Senators propose , Mr. MALONE. If the Senator will Mr. CASE. That is true. , an addition to the resolution, is. that further yiel¢1, I shall not interrupt him Mr. MALONE. Those of us who had correct? again. I am trying to get information. no opportunity to attend the hearings Mr. CASE. That is correct. I know the Senator has been very gener and listen to the evidence, because we Mr. MALONE. That would be very ous with his-.time in that regard. were in an area west of the Potomac en- important, would it not? However, the Senator from Nevada is gaged in other activities before the elec- Mr. CASE. Yes, it would be, but I not clear as to the position of members tion in November, are left no alternative think that Senators all know how they of the committee. He was not confused but to question the members of the cen- feel about it. when he first read the resolution. It was sure committee; then, when they do not Mr. MALONE. All of them, of course, only a question of listening to the debate agree, confusion only can result. do not know and will not know until the and deciding _whether to vote, for the It has been customary, over the pe- committee can agree on their recom resolution or against it. riod of 8 years during which the Senator mendations. However, the Senator from Nevada has from Nevada has been a Member of Mr. CASE. Perhaps so. become confused by the lack of unity of this distinguished deliberative body, that Mr. MALONE. I am speaking for the the members of the censure committee, when the committee reporting a bill or Senator from Nevada. particularly wit:h respect to what consti resolution became divided or confused, Mr. CASE. The Senator from Nevada tutes a ground for censure. a motion to recommit to the committee is entitled to his opinion. No one, least of all the distinguished is in order, so that the committee itsel{ Mr. MALONE. · It is' not an opinion. junior Senator from South Dakota, has may have a meeting of the minds and · Mr. CASE. Or'the lack of an opinion. ever said in my hearing at least that the then come before the Senate and ex- · junior Senator from Wisconsin had vio plain exactly what they \Y~nt the Sena~~ Mr. MALONE. Listening to the evi- lated any rule .of the Senate. I have to do. dence-or lack of it, so far. heard it said in heated argument that Would the Senator from South Da- Mr. CASE. The Senator is entitled he should not talk the way he does and kota support such a motion? to a lack of opinion. that he should not use the kind of lan Mr. CASE. The Senator from South Mr. MALONE. The Senator is entitled guage he uses. Dakota is not interested in having any to know what the committee recom Mr. CASE. Of course, with reference additional duties assigned to the select mends. to the remarks of the junior Senator COmmittee Of Which he iS a member. THE FIRST RECOMMENDATION FOR CENSURE from Wisconsin which he inserted in the Mr. MALONE. That could be consid- I would like to ask the Senator from RECORD the other day, wherein he re ered facetious. It is not a question of South Dakota another question, with re ferred to the activities of the select com acquiring or dodging work; it is a matter gard to the first charge in the resolution, mittee, even though he qualified them by of properly completing the job. namely- using the word ''unwitting," if those re Furthermore, let me say to the Sen- That the Senator from Wisconsin, Mr. Mc- marks had been uttered on the :floor of ator from South Dakota, we should CARTHY, failed to cooperate with the Sub the Senate, instead of being inserted as conform to the Constitution of the committee on Privileges and Elections of the a statement in the RECORD, the Senator United States, which provides that "each Senate Committee on Rules and Administra from Wisconsin would have violated a House may determine the rules of its tion in clearing up matters r~ferred to that rule of the Senate with regard to certain proceedings, punish its Members for dis- subcommittee which concerned his conduct implications about other Members. Had orderly behavior, and, with the concur- as a Senator and affected the honor of the he made the remarks on the :floor of the renee of two-thirds, expel a Member." Senate and, inst~ad, repeatedly abused the. subcommittee and its members who were Senate, I believe he could properly have There is nothing in the constitutional trying to carry ou~ assigned d. uties.' · been seated. provision which indicates that there Mr. MALONE. Does the Senator must be a reason for expelling a Member If it were determined and established mean "unseated"? of the Senate. All that is necessary is to· that.the committee itself had no author · Mr. CASE. No; seated-that is, he have the requisite number of votes. ity to subpena a Senator-that it had would be asked to take his seat. He Some of us are interested to know ex- · been determined as a precedent over a would be taken off the :floor for speaking actly what the position of the commit- number of years and had been demon in such terms. Then another Senator tee is at this time. strated several times that it is the privi· could make a motion .that the junior Mr. CASE. I have tried to clarify the lege of a Senator invited to come before Senator from Wisconsin be allowed to situation so far as I am concerned. a committee to exercise his judgment as proceed in order~ Mr. MALONE. Yes; and . the chair- to whether he testifies and that there is Mr. MALONE. That has happened man of the select committee clarified his no authority to subpena a Senator several times during the membership of position. I would again refer to the would that fact make any difference in the Nevada Senator in this great body. situation as it now stands, namely, that the conclusion of the distinguished I have listened for nearly 2 weeks, three Senators, two of them members of members of the select committee relative and have read the CONGRESSIONAL the committee, and one of those two the to the first accusation as a ground for the RECORD diligently every day. I must say chairman of the select committee, expect censure of the junior Senator from Wis- to the Senator from South Dakota I to offer amendments, or do not agree with · consin? . have peep, trying to determine from the resolution as it is now before the Mr. CASE. The Senator from South the debate what the grounds for cen.. Senate. Dakota, in his formal statement made sure are. 1954 CONGRESSIONAL RECORD- SENATE 16127 Since the Senator from South Da defending himself in a criminal action clearing up a matter wherein the honor kota has been a Member of the Senate, for calling some Senator-! believe in of the Senate and the honor of a Sen and many times since the Senator from this case it was alleged he called the ator himself were involved, and, instead, Nevada has been a Member of the Sen senior Senator "from Utah a coward-- repeatedly abusing the subcommittee ate, there have been occasions when a Mr. CASE. Off the ftoor. and its members for trying to carry out Senator has objected to a remark made Mr. WELKER. Off the floor, or on the their duties, thereby tending to obstruct by another Senator, and the Senator floor, or wherever it happened. Does the the legislative processes of the Senate. making the remark has been required to Senator think it would follow that an That leads me again to the point take his seat. Then, after tempers had additional resolution should be offered which is the crux of the matter. The been permitted to cool, a motion was or an amendment proposed, or some real test, so far as I am concerned, made that the Senator be permitted to thing of that parliamentary nature, cen whether the Senate ought to adopt any proceed in order, and the Senator then: suring other Senators who had uttered resolution of censure with reference to ·was permitted to proceed in order. such words against the junior Senator the action complained of, is a twofold However, no one has ever suggested that from Wisconsin to the effect that he was action, namely, a failure to help the a censure resolution be adopted in such a Hitler, or a follower of the Communist committee carry out the duties imposed a situation. line, and statements which certainly im upon it, and at the same time using Therefore, I should like to close by plied to all the world-and I am being derogatory language which also would saying, if I may, that the Senator from charitable in saying that-that he was a tend to discourage or prevent the com Nevada still can :find no ground for cen sexual pervert and-- mittee from acting. That is the basic sure, and he is supported in that belief Mr. CASE. Mr. President, I do not re issue. by the debate with the Senator from call any such statement. In a case where either element is lack South Dakota. He now apparently does Mr. WELKER. I am willing to argue ing there is a different situation. I am not agree with either of the two parts of that upon the question of the implica not saying that a flagrant case may not Senate Resolution 301. tion. I used the word "implied.'' arise in which derogatory language is of I agree wholeheartedly with the dis such character and of such degree as to tinguished Senator from South Dakota Mr. CASE. Whatever the Senator's question may ~. my answer is not going warrant censure. I am not saying that in his retraction of his support of the such a case may not arise. I am not No. 2 censure-that he would not vote to be predicated upon the assumption that any such statement was made. ·. saying that at some time there might not for it. Also that he can find no rea be a case where a Member of the Senate son to support the first part of the reso Mr. WELKER. Very well. I cer by some action prevented a committee lution since there is no authority to re tainly would not propose a resolution un from carrying out its functions by lock quire a Senator's appearance before a _less I felt that the implications impugned ing the door, or whatever it might be, committee-long procedure established the character of a fellow Senator with thereby giving a basis for censure. the definite precedent that it is left to respect to that allegation. But in section 1 we have presented two the judgment of the Senator himself as I would ask also with respect to state phases of the action, not so serious as to whether or not he appears. ments made before the Senate that the locking the door or destroying the files, There is no substance left to Resolu junior Senator from Wisconsin was 'a or something of that kind. I think the tion 301. liar, that he made false accusations, and the Senator will agree with me that if Mr. DffiKSEN. Mr. President, will things of that nature. Would my dis a Member of the Senate were charged the Senator yield for a question? tinguished and able friend tell me with certain actions which were very Mr. CASE. · I yield. whether, in his opinion, such additional serious, such as obtaining· certain :files Mr. DIRKSEN. I understand it is the resolutions could and should properly and destroying them, that would be a present conviction of the Senator from follow? case in which the Senate would want to South Dakota, based upon conferences Mr. CASE. Mr. President, the junior take some action. That would be pre with the Secretary of the Army, based Senator from South Dakota last week, at venting the Senate from functioning; on new evidence that has been disclosed, one point during the debate, stated that it would be obstructing the legislative and based on the Senator's analysis of the committee gave some consideration process. certain letters which came to his atten to the statements which were uttered by Similarly, there might be a situation tion, that section 2 of the pending reso the Senator from Vermont [Mr. FLAN where some Senator might repeatedly lution should be stricken. Is that cor DERS] in connection with one of the and insistently, day after day, indulge rect? amendments referred to the committee in derogatory language, preventing the Mr. CASE. It ought not to be offered; relating to the remarks of the junior Sen Senate from carrying out its functions. if offered, it ought to be voted down. ator from Wisconsin about the Senator Mr. WELKER. What would the Sen . Mr. WELKER. Mr. President, will the from Vermont, and it was our conclusion, ator do with rule XIX, subsection 2? Senator yield? as stated in the report, that the remarks Would he disregard that or would he Mr. CASE. I yield. by the Senator from Wisconsin were pro have it enforced? Mr. WELKER. Will the Senator al voked. Mr. CASE. I would exercise it first. low me to make an observation? I will state further, as I think I said .Mr. WELKER. If a Senator contin Mr. CASE. If I do not lose the floor, at that time, that the remarks he made, ued to use violent language which dis I shall be glad to have the Senator do so. whether ser.iously or not, were such that rupted the legislative process of this great Mr. WELKER. I have taken much possibly the select committee should body, certainly there would be action to time o! this great body. I cannot too make some recommendation with refer prevent him from continuing. highly praise the distinguished Senator ence to the conduct of the Senator from Mr. CASE. If he repeatedly did that. from South Dakota for his kindness and Vermont, but we felt that was not a mat That brings me to the point on which honesty and fairness in attempting to ter referred to the select committee, so I wish to conclude the matter. bring out before this court of justice we made no recommendation with re Mr. WELKER. I want the Senator to the facts that all of us ought to know. spect to it. conclude, but the Senator brought up a. Now I should like to ask a question. The principle involved in the sugges- matter as to which· I do not agree with Knowing, as the Senator from South . tion now offered by the Senator from him. This is the first time in the his Dakota does, that the junior Senator Idaho is consistent with the many cases tory of the Republic that a censure reso from Idaho has not seen-and he defies he cited to us during his exhaustive lution has been presented with reference anyone to produce it-any law Q.r any and lengthy discourse of yesterday and to words spoken on the floor, o:ff the :Precedent for censuring a Senator for ·the day before. I think his suggestion floor, or in any other place, involving a words spoken, either on or off the :floor and the La Follette case, which is on Senator or any other person. of the United States Senate, and realiz the other side, fall into the category of Mr. CASE. I would not, under the ing that I disagree with the select com logic known as the fallacy of false par circumstances prevailing today, with the mittee in that respect, does the Senator allels; the error in this instance deriv junior Senator from Wisconsin neces from South Dakota think it would follow 'ing from the fact that in the recommen sarily absent by reason of illness, present that such an additional resolution of dation of the committee there are two any argument on the first count with a censure should be filed ·against the jun elements involved, one, the failure to view to influencing the action of the ior Senator from Wisconsin, when he is assist a · committee of the Senate in Senate. 16128 CONGRESSIONAL RECORD- SENATE November 18- Mr. WELKER. I have only one other Senators and Representatives, ·as fol- jury· than to investigate the conduct of the question, Mr. President, and it involves lows: · district attorney. . When the writer declined to: name his informant, the district attorney the junior Senator from Idaho. With And for any speech or debatEl in either addressed a letter to the committee chair~ respect to the first count, setting forth House, they shall not be questioned in any man, avowing that· he was the informant that the junior Senator from Wisconsin other place. referred to in the article and repeating the did not cooperate with the Gillette-Hen That is the constitutional backdrop for charges there made in amplified form. The nings committee, I ask the Senator from free speech, which we seek to maintain language of these charges was manifestly ill South Dakota whether he has read my tempered and well calculated to arouse the in the Congress of the United · States• . indignation of the House generally. The full telegram of resignation and whether particularly in the Senate. I have the he does not feel that I should be the next letter was given to the press and published very definite feeling that the speech of contemporaneously with its receipt by the man censured because I failed to co Senators ought not to be the basis for chairman. operate with the committee; I inter censure, unless it tends to obstruct the After a select committee concluded that rupted ·the legislative process in that in process·es of th'e Government. the letter was defamatory and insulting and stance; I refused to remain a member Mr. President, I a.Sk unanimous con_ that it tended to bring the House into pub of the committee, and explained why, in lic contempt and ridicule, the district at sent to have printed at this point in my torney was arrested for contempt. He very strong language. remarks the very able memorandum re ·· Mr. CASE. But the action of the Sen brought habeas corpus to test the legality of lating to propriety of 'censure for ·lan his detention, and the Supreme Court held ator from Idaho did not prevent that guage used off the floor of the Senate, that he must ·be discharged because his lan committee ftom functioning. -. - , · prepared by counsel for the junior Sena_. guage was not contumacious in that it did Mr. WELKER. . In the findings of the tor ·from ·Wisconsin, which appears ·at not tend to obstruct the legislative process. committee it is stated by the committee pages 571 to 574, inclusive, of the hear:. At 243 'United States· 545~546 the Supreme itself that the committee's work had ings before the select committee. Court gave the rationale of this decision: been hampered by several changes of There being no objection, the mem "There is room only for the conclusion Senators because of resignations. that the contempt -was deemed to result from orandum was ordered to be printed in the writing of the letter, not because of any In conclusion, I wish to thank my dis the RECORD, as follows: obstruction to the performance of legisla tinguished friend for permitting me to V. MEMORANDUM RELATING TO PROPRIETY OF tive duty resulting from the letter, or because interrupt him. CENSURE FOR LANGUAGE USED OFF THE FLOOR the preservation of the power of the House Mr. FERGUSON. Mr. President, will OF THE SENATE to carry out it legislative authority~ was en the Senator from South Dakota yield? dangered by its writing, but because of the Category IV of the charges now under study eilect and operation which the irritating and Mr. CASE. . I yield. by this committee relates to certain remarks ill-tempered statements made in the letter Mr. FERGUSON. I wish to ask unani allegedly made by Senator McCARTHY oil the would prOduce upon the public mind, or be mous consent, with the understanding floor of the Senate. It is his position that cause of the sense of indignation which it that the Senator from South- Dakota the censure power is nothing more or less may be assumed was produced by the let shall not lose the floor, that the Senate than the power to punish for contempt. It ter upon the members of the committee and may take a recess for 1 hour. is his further position that Congress can of the House generally. But to state this only punish language as contemptuous if situation is to demonstrate that the con Mr. CASE. I appreciate the courtesy such language has a real and immediate tempt relied upon was not intrinsic to the and the suggestion of the s ·enator from tendency to obstruct the legislative process. right of the House to preserve the means of Michigan, but if a recess Is to be taken Clearly the testimony which has been .intro dischf!,rging its legislative duties, but was with the understanding that I am to duced under category IV does not show :that extrinsic to the discharge of such duties, and resume the floor followirtg the recess, Senator McCARTHY has employed language o! related only to the presumed operation which I am afraid I shall get into a discussion this nature. the letter- might have upon the public mind all over again. I really feel that I can It is recognized that the censure power is and the indignation naturally felt by mem derived solely from the power to punish for bers of the committee on the subject." conclude what I have to say in less than disorderly behavior which is · conferred by Thus the Supreme Court held that re 2 minutes. article 1, section 5, of the Constitution. See marks made in the press cannot be punished However, I yield for a single :question remarks of Senator Daniel, of Texas, CoN as contemptuous merely because they tend to the distinguished senior Senator from GRESSIONAL RECORD, 83d Congress, 2d session, to bring Congress into ridicule or disrepute. North Carolina [Mr. LENNON], who has p~e 12919; remarks of Congressman Black, There must, in addition, be a finding that been on his feet for several minutes. of Texas, CONGRESSIONAL RECORD, 67th Con such remarks inherently obstruct or prevent gress, 1st session, page 6891; report of Sen the dischar.ge of legislative duty. Then I should like to continue for 2 min ators McComas, of Maryland, Beveridge, of This rule is not peculiar to the congres utes so that I may conclude my remarks. Indiana, and Pritchard, of North Carolina, sional power to punish for contempt. It is I shall then be glad to yield for a motion in the so-called Tillman-McLaurin case, CoN also a limitation upon the power of a court to recess. GRESSIONAL RECORD, 57th Congress, 1st ses to punish for contempt. The most recent Mr. LENNON. Mr. President, I have sion, page 2205. This proposition has al Supreme Court case in this field is Craig v. a series of questions which I had in ready been advanced by counsel for Senator Harney (331 U. S. 367, 373, 376). There peti tended to ask with respect to the an McCARTHY. tioners published certain articles 'in a Texas nouncement by the Senator from South It is likewise settled that the power to newspaper regarding the action of a State punish for disorderly behavior is nothing judge in directing a verdict in a certain law Dakota that he did not intend to sup more or less than a constitutional codifica suit. His ruling was characterized as arbi port the second count of the censure res tion of the inherent power of all legislative trary action and a travesty on justice. It olution. I wondered if he would be will bodies to punish for contempt. As has al was deplored that a layman, rather than a ing to remain on the floor for at least 10 ready been pointed out by counsel for Sena lawyer, was acting as the judge in this case. minutes longer, although I know he has tor McCARTHY, the Supreme Court of the The ruling was l.abeled a "gross miscarriage been on his feet for quite a while. United States has expressly so held. See of justice," which brought down the wrath Mr. CASE. At a later time I shall be Marshall v. Gordon (243 u. s. 521, 526); of public opinion upon his head and repu glad to yield to the Senator from North Anderson v. Dunn (6 Wheat. 204, 225). diated the first rule of justice. The Supreme Court has also held that no Petitioners were imprisoned for contempt Carolina for whatever questions he may language can be punished as contumacious on account of these articles. They brought wish to ask me. unless it has a real and immediate tendency habeas corpus to test the legality of their I now yield to the Senator from Mich to impede the legislative process. Squarely detention, and the Supreme Court held that igan. in point is the case of Marshall v. Gordon, they must be released because their -Ian.; Mr. FERGUSON. Mr. President, I supra. There a Member of the House of guaage did not constitute a clear and present yield to the Senator from California [Mr. Representatives was indicted under the danger to the administration of justice, stat KNOWLAND]. Sherman Act in the southern district of New ing: York. He made certain charges against the "The history of the power to punish for Mr. CASE. I shall be glad to yield to district attorney for the southern district contempt • • • and the unequivocal com the Senator from California, but I hope and requested the Judiciary Committee to mand of the first amendment serve as con he will not move to recess until I have investigate such charges insofar a& they stant reminders that freedom of speech and had an opportunity to proceed for about might constitute grounds for impeachment. of the press should not be impaired, through 2 minutes. Then I shall be glad to yield. While this investigation was going on, an the exercise of that power, unless there is article appeared in a daily newspaper charg Mr.· KNOWLAND. Very well. no doubt that the utterances in question are ing that the writer was informed 'that the' a serious and imminent threat to the admin Mr. CASE. Article I, section 6, of the committee was endeavoring rather· to inves istration of justice. Constitution provides, with respect to tigate and frustrate the action of the grand • • • • • 1954 CONGRESSIONAL RECORD-SENATE 16129 "The vehemence of the language used is where such language has a real and imme· was a tendency to destroy the good faith not alone the measure of the power to pun-. diate tendency to obstruct the legislative ish for contempt. The fires which it kindles function. In such a case, of course, Ian· which must be maintained between the must constitute an imminent, not merely a guage of this nature would support a reso· executive and legislative branches of our likely, threat to .the administration of jus lution of censure. ' Government. tice. The danger must not be remote or even The test is·always the same: Did the con· It is my contention that on the basis probable) it must immediately imperil." duct obstruct or endanger the legislative of the letter of Secretary Stevens of last Thus the Supreme Court. has held that process? This test is applicable to any of Saturday, the breach of good faith oc-· language employed outside of a courtroom fense upon which a censure resolution is curred at the other end of the street; cannot constitute contempt of court unless predicated, whether it be a physical assault that the breach of good faith was the it constitutes an imminent obstruction to upon the person of a Member or whether the judicial process. The rule here is the it be language derogatory of a Member. In failure to respect a letter from the chair same rule which obtains in congressional the present case, it is crystal clear that the man of the Senate committee when it contempt cases and is predicated upon the language allegedly employed by Senator Mc was received in time to forestall action same principle, namely, that the power to CARTHY could not and did not endanger the which was about to be consummated, in punish for contempt is a power of self legislative function. It is likewise crystal contradistinction to the situation which preservation alone, and exists only to the clear that this language could not and did appeared to exist before that time, name extent required by this objective. not obstruct the legislative function. The ly, that a request had been made for the Both Houses of Congress have repeatedly precedents reveal that neither House of Con recognized that they can punish language gress has ever censured a Member for lan reversal of action which had been taken, spoken off the fioor of the Senate or the guage employed off the fioor of Congress, when it could not oo recalled. House only in the most exceptional circum thus substantiating the conclusion that such On that basis, I felt that section 2 stances. The Senate of the United States action may be taken only in the rare and should not stand, and I felt the Senate has never censured a Member for language exceptional case where such language does was entitled to know how the evidence employed off the fioor. So far as careful in fact have an obstructive tendency. was developed; that it was new evidence; research reveals, the House of Representa For the foregoing reasons, it is respect that the change in n:y position was not tives has never censured a Member for lan fully urged that Senator McCARTHY cannot guage employed off the fioor. Certainly be censured for any of the alleged offenses capricious or arbitrary, responding to Senator McCARTHY is not the first Member set forth in category IV of the present any so-called pressure, or anything of of this body who has allegedly used "in charges. that sort, but was the direct result of a sulting" language concerning his colleagues sequence of developments of new evi off the fioor of Congress. The conclusion Mr. BROWN. Mr. President, will the dence along the lines I have tried to is irresistible that there was no censure in Senator from South Dakota yield for the outline to the Senate today. these prior cases because Congress felt it suggestion of a possible correction in his I thank the Senate for its indulgence. had no power to pass a censure resolution. statement? Mr. KNOWLAND obtained the floor. This conclusion is substantiated by the Mr. CASE. I am happy to yield to the Mr. HENDRICKSON. Mr. President, remarks of Speaker Gillette of the House of new Senator from Nevada. I invite his R~presentatives on March 24, 1924, set forth will the Senator from California yield? at VI Cannon's Precedents, section 584. In question at this time. Mr. KNOWLAND. I yield. response to a parliamentary inquiry from Mr. BROWN. Did the Senator from Mr. HENDRICKSON. I understand John E. Rankin, of Mississippi, the Speaker South Dakota mean to say "processes of that the Senator from California is about said: the Government," or did he desire to to move that the Senate take a luncheon "Well, the Chair thinks, no matter what confine his statement to the legislative recess. Before the Senator so moves, I a person says outside, a Member attacked processes? wish to state that I desire to address has a right outside to say what he pleases Mr. CASE. I am glad the distin myself to a· point of personal privilege. and has a right alsO' on the fioor of the guished Senator from Nevada has raised House to answer any argument or attack, Tperefore, I ask unanimous consent that provided he does not violate the rule as to that question, because it brings out a I may have the floor when the Senate personalities. As to them the Chair thinks point involved here. reconvenes following the recess, although the rules apply, no matter what the provoca The first part of the memorandum I do not believe it is necessary for me tion may be." prepared by Mr. Williams, counsel for to have unanimous consent to do so. In other words, Congress has no jurisdic the junior Senator from Wisconsin, re Mr. KNOWLAND. I think a question tion over remarks made off the fioor of Con lates to some Supreme Court cases in of personal privilege is of the highest gress in the usual case. volving the question of the obstruction order. I suggest to the junior Senator This distinction between the power to pun of legislative processes. The memo ish for language used in debate and the · from New Jersey that he raise the ques power to punish for language used outside of randum cites the most recent Supreme tion of personal privilege when the Sen debate finds support in the fact that a Mem Court case on the question of contempt, ate convenes following the recess. ber is immune from civil liability only for the case of Craig v. Harney (331 U. S. Mr. HENDRICKSON. I shall be happy language of the former type. A Member is 367), a Texas case, which involved the to do so. not answerable in the courts for language interruption of judicial processes because Mr. JOHNSON of Texas. Mr. Presi employed on the fioor of Congress, but he is of words spoken outside the court. answerable to the Congress itself for such dent, a parliamentary inquiry. language. On the other hand, a Member is In those approaches to the question, The PRESIDING OFFICER. The answerable in the courts for language em one finds the suggestion that utterances Senator from Texas will state it. ployed off the fioor of Congress, and hence outside the body might be considered a Mr. JOHNSON of Texas. Who has it seems logical that he should not generally basis for censure only if they obstruct or the floor? be answerable to Congress itself for such endanger the processes of the Govern The PRESIDING OFFICER. The language. ment, in the one case the legislative proc Senator from California has the floor. Counsel for Senator McCARTHY does not, ess, in the other the judicial process. of course, contend that a censure resolution Finally, on page 574, counsel suggests: may never be predicated upon conduct com• RECESS mitted off the fioor of Congress. For ex· The test is always the same: Did the con· ample, it is· settled beyonrt dispute that a duct obstruct or endanger the legislative Mr. KNOWLAND. Mr. President, I Member may be censured for complicity in process? This test is applicable to any of move that the Senate stand in recess the offense of bribery, although no part of fense upon ·which a censure resolution is until 3 o'clock this afternoon. the offense was committed within the walls predicated, whether it be a physical assault · The motion was agreed to; and • viously obstruct the legislative process be· it impossible for the legislative processes cause they hinder the Members in the per• to operate. :formance of their legislative duties. ORDER OF BUSINESS Nor does counsel for Senator McCARTHY Applying that to the principle involved contend that language spoken off .the fioor in the proposed section 3 of the resolu Mr. BUTLER. Mr. President, imme of Congress can never form a predicate for tion, the reason why I felt that that sec .. diately prior to the recess for luncheon. a censure resolution. As indicated by . the tion should not stand was that it rests the distinguished junior Senator from Supreme Court, there may be instances upon the conclusion that, thereby, there New Jersey [Mr. HENDRICKSON] asked for 16130 CONGRESSIONAL . RECORD-SENATE November 18 the floor in order that he ·might discuss &nlth,lf(: J. "l'hye W1lllams Privileges and Elections Subcommittee Sparkman Watkins Young . a point of personal privilege, and I think Stennis Welker which had been trying to do a job which ·that the Senate should have a quorum ·Symington Wiley tl).e Senate as a whole had asked it to do. for that occasion. Therefore, I suggest Mr. President, at a ·later date in these The PRESIDING OFFICER. A -the absence-:-- quorUm. ·is present. The Senator froD! sessions I shall ask to be heard further Mr. JOHNSON of Texas and Mr. on the other real and fundamental is ~New Jersey is recognized. HENDRICKSON addressed the Chair.· sues involved. Until then, I refuse to The PRESIDING OFFICER.. Does the yield. As I have already said today, I Senator from Maryland yield? QDESTION OF PERSONAL PRIVILEGE address myself only to a question of per - Mr. BUTLER. I sonal privilege. yield to the Senator Mr. HENDRICKSON. Mr. President~ from Texas. · since the junior Senator from New Mr. JOHNSON of Texas: Mr. Presi Jersey address{;S himself this afternoon COEXISTENCE OR WAR? dent, whether for the pur'p(>se stated or to a matter of personal privilege, I shall for another purpose, I also desire that a · refuse to yield. Mr. JENNER. Mr. President, yester quorum be present: The senator from Mr. -President, much has been said in day was the 21st anniversary of recog New Jersey has hot been recognized as the course of these extraordinary ses• nition by 'the Government of the United yet. I assume that, 1f there is to be a sions of the Senate about the abusive States of the Government of the Soviet call of the roll, it will then still be with~ language impugning the capacity and union. 1n the discretion of the Chair to recog the courage of the junior Senator from · There is something symbolic in a 21st ·~e either the Senator from New Jersey New Jersey. anniversary. It signifies the corning of or the majority leader. It may be that At the time the words were uttered, age, the achievement of full groWth and the majority leader will want' to ·:make a the junior Senator from· New Jersey was development. ·brief statement. followihg the quorum -obliged· to consider-the · source of · the : .It .is. proper. that we .should pause a call, so I would not want it to be iuider r.remarks and the circumstances. moment, tp look back a,t what has grown stood that the Senator from New Jersey · He then emphatically refused to ·dig out of that new-born policy of November has the floor. nify either the author or the words. He 17,1933. What have we won by 21 years · Mr. HENDRICKSON. Is the Senator still refuses, insofar as they could affect of peaceful coexistence with the Soviet from Texas saying in effect that the ma any decision of his upon the real issues Union? .. jority leader is to be recognized ·before before the Senate in these important From'1917 to 1933, both parties in this· the junior· Senator from New Jersey is proceedings, to permit those words to country had agreed to refuse recognition recognized? become a part of the RE:CORI>-:-the RECORD to the Communist government, on the Mr. JOHNSON of Texas. No. · The as he will read it and interpret it. ground that it was a barbarous tyranny. Senator from Texas is not saying that As an individual, the junior Senator maintained only by continuous violence directly_or in effect. The Senator from from New Jersey is of little consequence against its own people. Texas is ·saying· he does not want any in this affair. · In 1933, the Soviet Union was· ex understanding' that following a quorum If he was unfairly criticized, the real hausted -from-a cruel famine brought on call the junior Senator from New Jersey victim was a duly co.nstituted subcom by th.e stupidi_ty of its .. own leaders, in will be recognized, and that was the im mittee of the Senate. killing or jailing its farmers if they were plication of the statement of the acting . If he was maligned, ·the Senate was successful. The people were angry and majority leader. · maligned far worse. If he was slandered; rebellious. The Japanese; aware of its Mr. HENDRICKSON. That ;was :mY: the Senate was truly ·slandered. These weakness, .were · threatening attacks on Understanding. are the inescapable facts, Mr. President. Siberia at any moment. Mr. JOHNSON of Texas. It may veri Thm::, ·Mr. President, it must be clear We do not know who directed the cam well be that the majority leader may that the junior senator from Ne:,w Jersey paign, in American press an<;l political desire to make a brief statement prior is not personally troubled by the refer- . circles, for . recognition of the Soviet to the.time the Senator from New Jersey ence made about him; nor has he ever Government in 1933, when the.new ad speaks. been. I may add that it was unpleasant ministration ·came in'. But we can easily understand why the tottering Bolshevik Mr. HENDRICKSON. Of course, the to have a Senator use those words; but~ jUnior· Senator from New Jersey_will al beyond that, the reference has never leaders needed the psychological and ways be glad to yield for that purpose. troubled the junior Senator from New economic lift of diplomatic recognition Jersey. and trade with the United States. As a consequence, it should be pointed Let us recapitulate briefly the gains of CALL OF THE ROLL out that no apology need be made to the Soviet Union from, our generosity, or him-the individual. shall I say our credulity, over these 21 Mr. BUTLER. Mr. President, I sug years. gest the absence of a quorum. The apology, if any apology is forth coming, is owed the Privileges· and Elec The Soviet Union obtained at once The PRESIDING OFFICER. The tions Subcommittee which, in its moment greatly improved resources for maintain- · call Secretary will the roll.· of trial, was supported by a 60-to-0 ing its tyranny over its rebellious people. The Chief Clerk called the roll, and the vote of the Senate, for it was on that sub It' obtained far better facilities for es following Senators answered to their committee I was serving when the· pionage in American industrial estab names: remarks were made. lishments . and business offices, and for Abel Ervin · Knowland . There is no personal malice involved propagandizing industrial and business Aiken Ferguson Kuchel leaders. Anderson Flanders Langer here, therefore. Indeed, Mr. President, Barrett Frear Lehman the junior Senator from New Jersey de It made its first effective step in pene :Beall Fulbright Lennon plores the acrimony emanating from trating the Government of the United Bennett George Long Bridges Gillette Magnuson various sections or from various sides of States, and we know where. the trail of Brown Goldwater Malone this Chamber. interlocking subversion has led us to Bush Green Mansfield . There are greater things at stake for· date. Butler Hayden Martin · Byrd : Hendrickson .· McClellan this body than thP.- r-eputation of one of . It intensified its campaign to pene-. Capehart Hennings Monroney its Members, whether it be- the reputa trate American schools and colleges. Carlson Hickenlooper • Morse tion of the junior Senator from Wiscon-· It used its new respectability to pene Case H111 Mundt Chavez Holla.nd Murray sin, or that of the junior Senator from trate the American press and publishing Clements Hruska Neely New Jersey, or that of any other Member industry. Cotton Humphrey Pastore of this body. . It began -its influence on United States Crippa ··lves Payne Daniel, S. C. Jackson Potter The Senate, in my opinion, should legislation, ·and on the congressional Daniel, Tex. Jenner· Purtell completely disregard ·remarks made .committees, whose· task it was to formu- · Dirksen Johnson, Colo. Robertson about me. late legislation. · Douglas Johnson, Tex. Russell Du1f Johnston, S. C. Saltonstall The Senate should, indeed, consider It· began to smear American business Dworshak Kefauver Schoeppel remarks about me only as they reflect and to humiliate Ainerican . military Eastland Kilgore Smith, Maine on the credibility and the· decency of the leaders. 1954 . ·CONGRESSIONAL RECORD- SENATE 16131 Of course, Litvinov had solemnly we hear the words "peace, peace," when Let us celebrate this landmark of our agreed that the Soviet Union would dis there is nq peace. folly and credulity by breaking all diplo band its fifth ·column on American soil. For 21 years we have been slipping matic and trade relations with the Soviet We know how faithfully the Communists and sliding into the pit of lies, con , Union and giving to the helpless people have kept that pledge. . 'fusion, and hidden· treachery the Com of Russia, China, and the satellites a In. foreign relations, the Soviet leaders mui1ists have dug for us. chance to destroy the tyranny which began their long, devious, and brilliantly World conquest by the Communists without our help must crumble into dust. successful campaign to turn the Japa comes nearer every day. Mr. President, I ask unanimous con nese militarists away from attempts to Today, as in 1933, the Communists sent to have printed in the RECORD at this capture eastern Siberia, and to turn them are divided at home. Their people are point as a part of my remarks an article toward attacking the United States. embittered and rebellious over the pri entitled "Peace--But Not at Any Price," Richard Sorge and his associates, hidden vations they have suffered as a result written by David Lawrence, and pub high in the Nazi Party apparatus, were ·of Communist tyranny. The people of lished in the Washington Evening Star secretly working to bring about the Jap the satellite nations are so desperate of November 17, 1954. anese attack on Pearl Harbor, during the that they have even attacked tanks with There being no objection, the article years in which we were giving the Soviet their bare hands, while courageous Rus ·was ordered to be printed in the RECORD, ·leaders all the help we could give. sian soldiers refused to fire on them. as follows: In 1940 the Soviet Union was deeply The Soviet system is internally as PEACE-BUT NOT AT ANY PRICE split by near civil war, in which many ·weak today as it was in 1933. It is fight (By David Lawrence) of its ab1est army and political leaders ing the desperate battle for peaceful Everybody in the Government here, includ had been killed by Stalin. The people coexistence because it cannot take the ing the Congress, seems to be in favor of co were cold, hungry, and embittered. The slightest shock from without. It must existence with Soviet Russia but nobody is Soviet rulers needed time to rebuild their give its people more food and clothes, quite sure it's going to be peaceful. tyranny, and resources to extend it. and it must get them from the foolish That's the crux of the debate precipitated Again the American Government came anti-Communist countries. It must get Tuesday by Senator KNOWLAND, of California, to their rescue. We knew the Commu more machine tools to make guns and majority leader, who wants to discuss frankly ·nists had suddenly made an agreement find shipyards to make ships, and it and in the open just what the present Com munist activities in the world really mean. with Hitler, in order to incite war be expects to get them from the blind and This doesn't mean that Senator KNowLAND tween the nations opposed to them. foolish anti-Communist countries. It .is necessarily at variance with the White When Hitler turned on them, we never must have time, and it expects to get House. Nor is there any real evidence that ·doubted the honor and trustworthiness more time from the foolish anti-Com either the President or the Secretary of State of the Communists. While the Red lead munist nations. are averse to having the Senate debate the ers were planning the Japanese attack When will America awake? When issues. For it is apparent that, as Secre on our fleet, we poured billions of lend will we realize our danger? When will tary Dulles himself told a press conference lease into the Soviet Union, not for war we close the doors to all diplomatic and after the Knowland speech, there is some ·only but· for every ·kind of postwar in difference of opinion between Moscow and trade relations with the Soviet Govern Washington as to just what peaceful co dustrial ~evelopment. . We even per ment? When will we withdraw from existence means. .mitted Soviet airmen to have precedence our foolish effort to save the Commu So far as this Government and perhaps over American airmen when o.ur fliers nist rulers from the consequences of also most all of the.western countries known ·needed equipment or protection for Arc· their own stupidity? as a part of the free world are concerned, 'tic flights. Secretary of Defense Wilson is quoted "peaceful coexistence" means honorable in We fought on, ·after the enemy was as saying that we must think about tercourse, a willingness to keep out of each defeated, in the useless exhausting fight peaceful coexistence and trade with the other's affairs, and particularly it means the for unconditional surrender, while fifth Soviet or look forward to the possibility absence of any aggression. . But the suspicion here, which is shared by columnists in our own Government were of war. Of course, no one wants war. the executive branch of the Government, is writing the directives by which we were I admire Secretary Wilson's industrial that, just as the Soviet Union claims it is a to destroy, for the Communists, the great genius and his patriotic devotion to our democracy, so will also distort the meaning military barriers in Germany and Japan, security. But this is a political booby of peaceful coexistence. which had protected the west. We left trap, a clever use of the Communist To the United States, peaceful coexistence 'the lands and the nerves of the western dialectic. · does not mean the repeated shooting down nations open to direct Communist attack. The choice is not coexistence or war. of planes on peaceful errands or a threat Protected by their fifth column and Coexistence is war. to invade weaker countries such as is now being witnessed in the Far East and south our exhausted credulity, the Soviet power The distinguished majority leader [Mr. east Asia. ·rumbled westward over Poland, Czecho KNoWLAND] made a statement on the Since it is apparent that Moscow isn't sin slovakia, East Germany, Hungary, and floor of the Senate the other day. Cer cere and refuses to be peaceful, the debate the Balkans. Eastward it rumbled over tain writers have picked it up and have on what coexistence means has been opened the heartland of Asia, the China main said that . the Senator from California up in timely fashion by Senator KNOWLAND. land. Then it came up against our fight . wants war. The choice is not coexist There are indications that Senator LYNDON ing men and our brave Korean allies, and ence or war; coexistence is war. The JOHNSON, who speaks as Democratic Party it broke. The power of communism leader, and other Democrats in Congress, are other choice,. our choice, is to stop aware of the importance of full discussion, could have been broken forever if our propping up the Soviet Union and the especially as it relates to the meaning of own Government had not tied the hands Red government of China so that they peaceful coexistence. It is of the utmost im of our fighting commanders behind their can tyrannize over their own people an~ portance, too, that Soviet Russia should not backs. keep their neighbors in mortal fear. The misconstrue the meaning of the last election. Today we see the forked tongue of Soviet system cannot stand without our In Britain, Clement Attlee, of the Labor .Communist attack darting out toward help. It will fall to pieces if it cannot Party, was quoted not long ago as saying that free Korea, darting out toward free collect tribute from new conquests. Co a Democratic victory in the congressional China on Formosa, darting out . toward existence is war. We have had coexist elections would mean a change in America's the pitiful remains of Indochina. stand against admission of Red China in to ence for 21 years-peaceful coexistence, the United Nations. In the West we see the vials of poison if you please. During many of those There are some Democrats, like Senator gas being spiUed over the people of West years they were our great so-called demo HENNINGS, of Missouri, who by their Germany, · France, Britain, and Italy cratic allies. I ask Senators whether speeches at any rate give the impression that the poison gas we call peaceful coexist they like peaceful coexistence. they believe there is no alternative to peace ence. The fumes are spreading over the The American policy of nonrecognition ful coexistence except an ato.mic war. There United States. We hear about it. daily, of tyranny is the road to peace. It is the are, moreover, some impressions conveyed We read about it in the news and edi occassionally by the President's remarks a.t only way to give hope to the captive peo his press collferences which have led to a torial columns and on th.e front pages ple behind the Iron Curtain. Let us belief that he is against war no matter how of our newspapers. _. assure them we will never desert them. much American rights may be violated. · . The minds of our leaders are falling We will not do business with gangsters, The truth is the President is not a peace asleep. From their drug-poisoned minds ,bandits, and murderers. at-any-price man and has never deliberately 16132 ·CONGRESSIONAL- REC0RD -- SENA-TE November 18.
. given. that impression• .On the.cop.trary.,. he ,glad- to. yield rfor .any questions- which -to. move at the .proper time -~that the 1s the kind of President who, like Woodrow may be asked. . Senate stand in adjournment until Mon~ Wilson, is known for his pacific desires and ·When the- Senate received the news day, the 29th day of November.. I de tendencies but, when the big overt act come8 that the junior Senator from Wisconsin and there is no alternative but to fight it sired to have the Senate advised of that out, he couragedusly makes that·declsiori. . [Mr. MCCARTHYl -had entered the hos- fact,· and I wished to layc all the tacts - The big wars in history . have come be;. pital, arid in view of his absence, I con .I have in· my possession before the Sen cause the enemy has-misconstrued the pa- . suited.. with the minority leader relative . ate. I also wished the. Senate to know. tience of the democracies .and miscalculated to the situation .confronting the. Sena~ what I expected to do at the proper what they 'might do if their allies wer,e ...in· proceeding with the consideration of time. attacked. . _ , . . . . . , · the .pending resolution, under which the Mr. MORSE .and Mr. JOHNSON of - The purpose of the d'ebate started by . . . s to f w· . . t Senator KNoWLANo is to iet ·sovlet Russia JUIUOr ena r rom Isconsm 1S a par Y Texas addressed .the Chair~ . at issue. · · Mr·. KNOWLAND. - I shall yield. first to know that America isn't going to sit pas-- After consultm· g .together we agreed sive!y by whUe the Communists gobble up the minoritY. leader~ then I shall be glad nation after nation in Asia ·or while they that as a matter. of proper procedure to yield to .tl,le Senator from Oregon. carry on their subversive propaganda inside we should call in the official physician Mr. JOHNSON of Texas. I shall be peaceful nations. The idea of severing diplu-:- . of Congress, Dr. George W. Calver, and glad to yield to the Senator from Oregon. matic relations with the Soviet Union is to present to him the information we t ·have a brief statement that I should
often mentioned by Senator KNoWLAND r-..s . had, and to ask him, on. behalf of the .like to make in my own:. time. r one of the ·alternatives ·to war. It is a step Senate, to see Senator McCARTHY in the considered as one means of impressing the Mr. .MORSE. I wonder whether the soviet that she cannot count on a. coexist- hospital, to consult with his doctors, and distinguished majority le~der would be ence policy that envisages a continuance of to seek such other advice as he might . interested .in offer~g a unanimous-con the cold war by the Soviets. . feel warranted in. seeking under the cir~ sent agreement that during the first 10 Something more than mere talk about cumstances,. and then to address a com days · following the 29th of November peace is being sought. .senator KNOWL.AND'S · munication to me on the basis of which the time for debate be equally divided, remarks, which have already been misin- ·I might make a statement to the Senate. and that at the end of the 10-day period terpreted as belligerent and probably will be That has been done, and I have in my the Senate vote as of a day certain. twisted by critics who want a peace-at-any- hand a letter which was .delivered. to me Mr. KNOWLAND. I am s_orcy; I did price policy, are designed solely to apply during the luncheon recess of t.he Sen moral force- to prevent a third world war · not hear the Senator from Oregon. from breaking out. That's why the deba4e ate. The letter reads as follows: Mr. · MORS~. J; wonder whethe~ tl,le that has started is a healthy sign. It may NovEMBER 18, 1954. majority leader would be ~terested in be that Moscow will be convinced by the dis- Hon. WILLIAM F. KNOWLANn, offering a unanimous-consent · agree cussion that there is more for the Soviet · Senate Office Building, ment that for a 10-day period follow: Government to do on the peaceful end of . Washington, D . c. ing the reconvening_of the Senate on coexistence than has been apparent thus DEAR SENATOR KNOWLAND: Pursuant to the November 29th, the time for debate be far from Moscow. request of the majority and minority leaders equally divided, and that at the end of of the Senate I have the following report . on the condition of ·senator MCCARTHY. I the 1out the joint and running course; be glad to -abide by the determi quorum, if the Senator from California down lnto the fingers. The wound is dressed nation of the Senate. This is the first will yield for that purpose. with the usual surgical dressing. He has re- I have heard the· suggestion made. Mr. KNOWLAND. I _ yield for tha_t ceived some antibiotics and the arm has time been X-rayed and shows no fracture but I have no personal objection· to it, but purpose. some roughness of the · periosteum which personally,· I should l~ke to consider it Mr. JOHNSON of Texas. I suggest_ could possibly be due ·to an infection. · a little further. It is my own desire, at the absence of a quorum. In telephone consultation with the as- least, that this matter be brought to ~ The PRESIDING OFFICER. The slstant chief of surgery at the naval hospital determination as soon as- decency will clerk will call the· roll. ·it has been discovered that the Senator has permit, in view of the facts presented by The legislative clerk called the roll, developed a traumatic bursitis which will ' the attending physician to the Congress. and the following Senators answeted to require the arm being placed in a. splint for ·a period estimated by him to be 6 days, . Mr. JENNER. ·Mr. President, will the their names: - following which he will require physio- SenatOr from California yield? · · Abel Fulbright Mansfield therapy for another 5 ·days and should not Mr. KNOWLAND. I yield. Aiken George Martin · be discharged from the hospital before Anderson Gillette McClellan November 29, 1954. If this schedule is not Mr. JENNER. I wonder if this body Barrett is in-position to take up such a motion Beall g~!~:ater ~~~~ney followed permanent injury could result. Bennett Hayden Mundt Respectfully yours, at this time, in the absence of the junior Bridges Hendrickson · Murray GEORGE W. CALVER. Senator from Wisconsin. · Brown Hennings Neely Mr. KNOWLAND. t will say to the Bush Hickenlooper Pastore Following the receipt of the letter by Senator that there will be ample time to Butler Hill Payne me I · immediately sent a copy of it to Byrd Holland Potter discuss it. But in view of. the .fact. that Capehart Hruska. Purtell the minority leader. He will be pre the minority leader also sat in consul Carlson Humphrey Robertson pared to discuss the subject in his own tation ·with the attending physician, I Case I.ves Russell time. I also took the matter up wit.h the Chavez Jackson Saltonstall should like to have him be given an Clements Jenner Schoeppel members of the select committee and opportunity ·to speak. - . Cotton Johnson, Colo. Smith, Maine presented the letter to them. I am at Crippa Johnson, Tex. Smith, N.J. liberty to say, so far as they are con Mr. JOHNSTON of ·South Carolina. Daniel, S. C. Johnston, S. C. Sparkman cerned, they believe that under the cir Mr. President, will the Senator from Daniel, Tex. Kefauver Stennis Texas yield pef.ore he begins his re Dirksen Kilgore Symington cumstances outlined by me, and in view Douglas Knowland Thye of the letter which I received from the mar~s? Duff Kuchel Watkins attending physician of Congress, there Mr. JOHNSON of Texas._ I shall be Dworshak Langer Welker glad to yield to the Senator after I have Eastland Lehman Wiley is no alternative but for the Senate to Ervin Lennon Williams take a recess until the ~unior Senator made a very brief statement. Ferguson Long Young from Wisconsin is available to help con Mr. JOHNSTON of South. Caronna. Flanders. Magnuson duct his. own defense. Are we acting under the Senate rules Frear Malone I do not intend to cut off any debate, with reference to adJournment as be ... The PRESIDING OFFICER. A quo~ and it is not my intention to make any tween the two Houses? rum is present. motion until discussion has been had. Mr. . KNOWLAND. I think I can an Mr. KNOWLAND. Mr. President, I I merely. wish to advise the Senate that swer_that question, if the Senator from ask the indulgence of the Senate to com':" under the circumstances, in my respon Texas will permit. plete the statement and to read the let -sibility as majority leader of the Senate, Mr. JOHNSTON· of South Carolina. ter I have before me. Then I shall b~ I personally can see no alternative but That is the only question I -have-in mind. 1954 CONGRESSIONAL RECORD--SENATE 16133 Mr. KNOWLAND.- · I will say to the to support-when it is -made-:-a motion ing -and remain until late at night until Senator from ·South Carolina-that the to adjourn until-November· 29. In my action one way or the other is had on question occurred, of course, to both the opinion, it would be horrible, under the the pending resolution. minority leader and myself. I have circumstances, for the Senate to proceed Mr. President, in view of the facts eonsulted with the Parliamentarian of with the consideration of the pending before me, I called the three Democratic the Senate and he has invited my atten business with -the junior Senator from · ·Members of the select committee and tion to the resolution which was adopted Wisconsin hospitalized and with rep- asked them this question: by the Senate on August · 20, the legis utable physicians saying to the·Members , "In your opinion;is there any altema lative day of August 5, 1954, which reads of the Senate that, in their judgment, he tive to ·following the competent medical as follows: · sh'>uld not be discharged before No- advice presented to the minority leader?'' IN THE SENATE OF THE UNITED STATE_S, vember 29, and that if this Schedule is The three members of that committee .August 20 (legislative day, Augus_t 5), 1954• . not followed, permanent injury may re- concurred in the tentative decision which . .Resolved, That the concurrent resolution suit. · the majority leader and the minority from the House of Representatives (H. Con. I am not speaking for any Democrat leader had reached. Res. 266) ·entitled "Concurrent resolution on this side of the aisle except the senior I thought then that I should seek providi'~g for adjournment sine die of the 83d Congress, 2d -session," do pass with the Senator from Texas.- This has never counsel of- the Democratic ·members of 'following amendment: Strike out all after been a partisan matter. So long as we the Committee on the Judiciary. Most the. resolving :clause and insert: ~·Tllat the sit in judgment and so long as · I have of them are lawyers of great experience; House of R~presentatives shall a.Q.journ on any voice in the matter, it will not be- all of-them are men of great competence. August 20, 1954, and that when it adjourns come a partisan issue. So I put the same question to all the on said day, it stand adjdurned sine die. I am deeply grateful to the select com- Democratic members of the Committee "Resolved further, That the consent of mittee for -their performance of duty on the Judiciary whom I could reach~ the House of Repre_sentati;ves is :hereby given, to an adjournment sine die of the Senate at and for the dignity and the honor with some 4 or 5; I believe 2 or 3 members any time prlor to December 25, 1954, when which they have operated. They have were available .at the time. All of them the Senate shall so determine; and that the · conducted themselves in the highest tra- feel that the situation is very unusual; Senate, In the meantin;te, may adjo:urn or ditions of the United States Senate. that it is very regrettable; that they are recess for · s~ch periods in excess of 3 days I think I should further say that when ready to stay here, debate the issue, face as it ma~ dete!mine." we return on-November 29, so far as one up to it, and vote when the roll is called. The Parliamentarian tells me, and I voice may be·able·to influence a decision, · None of the Democratic Senators fully concur, that we have complete con.:. I shall insist that the Senate meet as wants to be placed in. the position of -trol over the·situation as to how long we early as is possible .and remain in session trying to postpone a vote. I .have tried shall adjourn or recess up to the 24th of as late as may be necessary in order that to make it clear that we .have no desire December 1954. We cannot go beyond the Senate may pass judgment with ref- to postpone a vote or to avoid a vote. that period. . erence to the pending business. But certainly . we do not want to be Mr. JOHNSTON of South Carolina.. Mr. President, we shall have to re- placed in a position of discussing this That clarifies the matter, so far as I am double our efforts when we come back on issue and the matters relating to it when concerned, but ! -wanted it iii the RECORD November 29, unless we want to say to the junior Senator from Wisconsin is so that there would be no question about the people of the United States-yes,. Mr. fiat on his back and is not in a position it. President, to the people of the world- to .be present and defend himself, if he Mr. JOHNSON of Texas. Mr. -Presi that the greatest deliberative body ever should choose to do so. dent, I desire to make a very brief state known is unable to come to a conclusion For that reason, whatever any other ment pertaining to the motion. · The involving a matter .of morality and con- Mem'Qer may do, I propose to support Senator trom California has given us the duct. I am not. trying to dictate to the the motion made by the majority leader. information concerning the hospitaliza Senate what that conclusion should be. I asked him if, in his judgment, this was tion of the junior Senato·r from Wiscon:. The select committee has made its rec- the wise and proper thing to do; and in sin. Everything which has occurred ommendations. The proponents and op- his forthright manner he has .told me since then has been related to the Senate ponents of the report have had 10 days he believed it was. For that reason, I by the majority leader. in which to discuss their respective posi- concur in the judgment which he has I am not going to try to persuade any tions. reached. Member of the Senate to reach any con I would hesitate to offer a motion Mr. LEHMAN. Mr. President, I wish clusion. Each Senator must reach his which would carry us over to November to preface my remarks by expressing my conclusion in his own heart and mind. 29, except on the statement of the at- very deep appreciation of the accom When this situation was brought to my tending physician to the Congress that plishments and contributions of the dis· attention I consulted an able jurist, who our colleague should not be discharged tinguished members of the select com is a Member_or · this body. He told me from the hospital prior to that time. mittee, who have given so much of their that, under the circumstances, since I Mr. President, I try to follow the time, strength, and effort to this most am not a physician and since the nor Golden Rule. I want to treat my friends important matter which affects every mal court procedure would be for the and my enemies in the same way in Member of the Senate. I believe the court to ask a competent physician to which I should like to be treated. I speeches we have heard on the floor of make a report, he thought the attending certainly wish to treat every Member of the Senate, delivered by. some of the physician to the Congress should be this body in the same way I should like members of the· select committee, were asked to go into the matter and give an to be treated. The medical evidence a~ong the greatest utterances I have opinion. I made that suggestion to the brought to . me at the instance of the heard in the more than 5 years I have majority leader. The Congress of the majority and minority leaders from our been in this Chamber. I can only say United States has an attending physi own physician shows that our colleague to the members of the select committee cian. We asked him to go to the hos is in the hospital and should remain that I am most -appreciative of their pital to explore the situation and then there until November 29. If the junior sacrifice and their achievements. report the facts to us, together with his Senator from Wisconsin felt he could I wish to say, also, that I have very recommendations. That was done, Mr. come here earlier, and it was so indi- great respect and regard for our physi President, and we have the report in the cated, I would urge the majority leader cian, Dr. Calver. I know that he is form of a letter. to modify his motion. But that is not thoroughly qualified, and is a man of I must admit that this is a very un the case, and we must act on the only great sincerity and honesty. usual situation. To me it is a very re competent evidence before us. The opin- But it does not make sense to me grettable situation. But I do not know iori of the treating physicians is con- that, at this stage, we should decide to what we can do about it. So far as I firmed by our own physician. recess or adjourn the Senate until the am concerned, I am not going to pit my But I wish to emphasize that I think 29th of this month. When the matter medical judgment against the medical we are going to indicate to the world was first broached to me this morning. opinions of the Naval Hospital physi that the Senate cannot function prop.- and a suggestion was made that the cians and the attending physician to erly if we come back on November 29 Senate recess because of the unavoid the Congress. For that reason I propose and then fail to meet early in the morn- able absence of the junior Senator from (;---1015 16134 CONGRESSIONAL RECORD-· SENATE November 1.8 Wisconsin, I said that, of course, Sena That is just what has happened, and ·is :ficient tilne and without any attempt tor McCARTHY's regrettable illness would just what is happening. to foreclose any Senator, based on the have to be taken into consideration. My · I hope and pray that the Senate will facts I have presented to the Senate, and original advice was, however, that the recess now to meet next Monday, Novem which form their very inception I dis Senate recess from day to day, in order ber 22, and will then re-examine the cussed with the distinguished minority to be able to review the situation and the situation. I want to be compassionate. leader, considering the fact that the likelihood of Senator McCARTHY's return I do not wish to do an injustice to any matter was called to the attention of the to the Senate. It was suggested to me, Senator. I do not desire to force any three Democrats and three Republicans at the time the matter was taken up with Senator who is sick to come here in his on the select committee, and considering me this morning that it was proposed own defense nor to conduct these pro the fact that the minority leader had to recess until next Monday, November ceedings in his enforced absence. But had additional consultations, as had· I, 22, so that Members who wished to seek neither do I wish to give any Senator the I -am prepared to move, and I am will rest or recreation could do so over the chance of postponing the day of judg ing to take the responsibility for so mov weekend. I raised no objection to that ment, which I think, must and should ing, in the light of the facts I have pre proposal. come promptly. sented, that the Senate adjourn until the But now we are faced with a new pro I hope the date for reconvening will 29th day of November. If the Senate, or posal, to recess until November 29.: I be changed from November 29, to No if any Member of the Senate in their see no reason for that. I see no reason vember 22. wisdom and their conscience, desire to for recessing beyond November 22, which · Mr. KNOWLAND. Mr. President, will take other steps, they are, of course, at is next Monday, so that the Senate can the Senator yield? liberty to move to amend. meet again to consider the situation and Mr. LEHMAN. I yield. I think I have made my position clear review the prospect for resuming our de Mr. KNOWLAND. In the :first place, that I have been no party, and that. I liberations. I have confidence in Dr. Calver, whom I would not permit myself to be a party, Mr. KNOWLAND. Mr. President, will know. The other physicians who are to any maneuver which had as its objec the Senator yield? mentioned are naval doctors, the one a tive the postponement of the question Mr. LEHMAN. If I may complete my specialist in his field, the other the at before the Senate. I am sure the Sena thought, then I shall be glad to yield. tending physician at the hospital. I tor from New York did not want that I do not know what the exact medical shall not pit my judgment against their impression to be conyeyed. . factors are in Senator McCARTHY's case, judgment. The letter is very clear in I have felt a deep sense of responsibil but I have lived a long time and have stating that, in their judgment, it would ity regarding the question before the seen some strange things happen in be unwise, and might result in perma Senate. I have tried to look at the mat medicine. I have seen men who by nent injury, if the junior Senator from ter entirely without regard to partisan medical prognosis were condemned to Wisconsin were to return before Novem considerations. I recognize the high early death, walking on the streets with ber 29. dignity and the importance of the Sen in a week or two thereafter. So far as my own responsibility is con ate of the United States, and I have In 1938, when I was nominated for the cerned, with this information before the never. been so proud in-my life as I have office of Governor of New York against Senate, I do not wish to appear to be been to be a Member of this great body:, a very strong candidate, Mr. Dewey, I putting pressure upon or casting reflec I wish the RECORD to be clear in that re had a broken leg, which was in a cast. . I tions, either upon the doctors who have spect, and, with the background I have was warned against attempting to make been consulted or upon the Senator who stated, at the proper time I shall move a campaign under those circumstances. is indisposed, and I desire it to be under to comply with the recommendations of I made the campaign in spite of that, and stood that the motion is being made for the attending physician. I WO!l. no other purpose than that stated in Several Senators addressed the Chair. In 1944, I broke a leg again when I the medical report. I can assure the The PRESIDING OFFICER. The was in Algiers, as Director General of Senator from New York-! say this in Senator from New York has the floor. UNRRA. I had on my leg a cast which the best of feeling-that certainly the Mr. LEHMAN. Mr. President, I weighed, as it felt to me, a ton. I was majority leader, and while I do not pre should like to reply to the statement of warned that I had better discontinue my tend to speak for him, I am confident the the majority leader. With great respect, mission. But I did not. I went ahead, minority leader, would not be parties to I should like to say that I share the high and I visited many countries of the any maneuver for postponement on any regard that he has for Dr. Calver. I Middle East and Europe, with that cast grounds other than those based upon the said he was a man who was thoroughly on my leg. I completed my mission best medical advice the Senate has been qualified as a doctor and a man of great abroad. able to obtain. Rather than take advice -integrity and character. I am not say I mention these personal experiences from either the friends or the counsel ing that the Senate should not recess only to show how uncertain a medical of the Senator, or even from the doctor today. I know Senator McCARTHY can prognosis can be. at the hospital alone, I did what I felt not be here, but I say there is nothing to We are engaged in a proceeding for should be done in this position of re be lost if the Senate recesses only until censure. I do not think there has ever sponsibility. I called upon a man who next Monday, November 22, instead of been a more important question before was not my appointee, but who has been until a week later. I do not know what the Senate. I feel that it affects every the attending physician at the Capitol may happen between now and November Member of the Senate. Our good faith, under both Democratic and Republican 29. I do not have the exact words of honesty, loyalty, and patriotism have control of Congress, who is competent the doctor's · letter in my mind, but he been impugned in terms which are un medically, and, on behalf of and in the wrote about the necessity of treatment mistakable in their implications. I do presence of the minority leader, asked for 4 or 5 days. Perhaps by next not think we can or should temporize him personally to make an investigation Wednesday or Thursday-- further in the matter. and to report in precisely the same way Mr. THYE. Mr. President, will the I have not said a word about this sub he would if he had been asked by a Senator yield for a question? ject on the floor of the Senate in the 2 judge to make a report in a court case Mr. LEHMAN. I should like to con weeks during which the debate has been which was pending, in which the defend clude my statement. in progress. My colleagues and I have ant or a witness had been asked to be Mr. THYE. The Senator made men waited, and have waited patiently, for excused because of illness, or in which tion of next Thursday, which happens to the Senate to get to a vote. I believe counsel had reported to the court that be Thanksgiving Day. the Senate has been ready for a long a witness or the defendant could not be Mr. LEHMAN. Perhaps by either time to express its opinion. present because of illness. I asked the Wednesday or by Friday the junior Sen,;. If Senators will examine the RECORD, Capitol physician to give us the best ator from Wisconsin will have recovered they will find that on August 2 I pre medical advice he could give us, on pre sufficiently to be present~ My suggestion dicted that there would be endless delays, cisely the same basis, and that report I is that the Senate recess until next Mon recesses, and adjournments, and that it have read to the Senate. day, November 22, at which time it can would be a long, long time, if ever, be Of course, the matter is in control of take another look at the situation, and fore the Senate would reach the point the 96 Members of this body. So far as have another examination made by Dr. of making a decision in the matter. my responsibility is concerned, after suf- Calver, or any other doctor whom the 1954 - . CONGRESSIONAL ·-RECORD-- SENATE 16135 leadership of the Senate may designate. and-I still made nine speeches. . [Laugh is well understood, I hope, by the Mem and then have the Senate come to a de ter.] I was present against the advice bers of the Seriate that at this hour there cision as to whether it is desired to recess of my physician on such occasions. I is in the Nation a growing segment of until a later date. To close the door now remember that on one day I came to the the public that is becoming suspicious and provide that the Senate shall not :floor of the Senate from the hospital -to that perhaps there is on foot a movement sit until November 29 would be an utterly defend myself against misrepresenta to prevent a vote prior to the required unwise course, and might entail an tions which had been made in debate on adjournment hour on December 24, 1954; avoidable delay in these all-important a position I had taken previously on a on the issue of McCarthyism. That is proceedings-a delay which will not be certain issue. why a few minutes ago I suggested that justified by ·the actual condition, next Certainly, if the junior Senator from at least consideration be given to the wee~ of Senator McCARTHY's health. , Wisconsin wants to appear, and is able possibility of -our reaching a unanimous-. Mr. THYE. . Mr. President, does the to appear, in the Senate before Novem consent agreement to vote on the censure Senator yield, or does the Senator still ber 29, commensurate with the best in resolution by the end of 10 days follow retain the :floor? terests of his health, then I think he ing November 29, 1954. I believe such Mr. LEHMAN. I shall be glad to yield, owes it to himself and to the United an agreement would be a test as to unless the Senator desires to ask a States Senate to be here. whether every Member of the Senate is question. When the Senate comes to adopt the willing to measure up to the issue of Mc Mr. THYE . . If the Senator yields the motion suggested by the majority leader Carthyism and to vote on it. Such an :floor, then I .should like to ask him- as I believe it will, there should be at agreement should call for having the Mr. MORSE. ·Mr. P.resident-- tached to it a condition that the junior final vote taken at the end of a 10-day. The PRESIDING OFFICER. The Sen Senator from Wisconsin shall be free period of debate following November 29. ator from Oregon has been seeking the and privileged to . request the majority Certainly in that 10-day period, in view :floor. and the minority leaders to call the Sen of the long hours we can and should re · Mr. WATKINS. Mr. President-- · ate back in session prior to November 29 main in session, we-can exhaust the pros Mr. LEHMAN. Did the Senator from if, upon the advice of doctors, it would and the cons of the McCarthyism issue, Utah wish me to yield? be consistent with the best interests of now pending before the Senate. Mr. WATKINS. For a brief statement. his health to be here. - But be that as it may, Mr. President, Mr. THYE. Mr. President, all I Mr. President, I wish to stress the I think the Senate should recognize that wished to do was to make a brief com point of fair procedure and fair play in the country has its eyes focused on US; ment on what the Senate has before it. this matter, because I suppose the basic to see what will be our answer to the The PRESIDING OFFICER. The objection I have to McCarthyism is what simple question, "Does the Senate dare Senator from New York has the :floor. I honestly believe to be its violation of come to a vote on this issue before the Mr. WATKINS. Mr. President- tl.e fair procedural rights of persons.who required adjournment hour on Decem Mr. LEHMAN. I agreed to yield to the have been called before his investiga ber 24?'' Senator from Utah. tions. I think he is entitled to the same I am confident that a majority of the Mr. MORSE. Mr. President, do I have fair procedure that I am seeking to Senate dare do so, and I want to believe the :floor? guarantee to others. that all Members of the Senate will do so. The PRESIDING OFFICER. The While I am on my feet, Mr. Presi But I think we need be on guard against Senator from New York has relinquished dent, I wish to say-because I have not any attempt so to delay the final decision the :floor. The ·chair recognizes the heretofore expressed myself during the that the required adjournment hour of Senator from Oregon. ' debate-that I feel the Senate of the December 24 will roll around and the Mr. MORSE. Mr. President, I wish to United States is a better _place in which issue still will not be decided. say that I support the objective of the to serve, and I feel that I am a better Mr. President, in fairness to the junior Senator from California and the Senator human being, for having heard the great · Senator from Wisconsin, and in keeping from Texas with regard to the proposed defenses of political morality and per"! with fair judicial processes, I think we motion to adjourn until November ·29, sonal freedom which have been uttered have no alternative but accept the com based upon the medical report of the here on the :floor by the Senator from petent medical authority, as set forth Senate ·doctor. I do so because I ain a Mississippi [Mr. STENNIS], the Senator this afternoon by the majority leader, stickler for fair procedure. We must not from Utah rMr. WATKINS], the Senator and take a recess or adjourn until No forget, that in considering the issue now from North Carolina [Mr. ERVIN], and vember 29, at the same time making it before it, the Senate is sitting as a quasi- the Senator from Kansas [Mr. CARLSON]. clear to our colleagues and to the entire . judicial body-in fact, more than as a Those historic speeches will be em country that we expect the junior Sena quasi-judicial body. Our obligation is blazoned and read by students for gen tor from Wisconsin to return here be to carry out the fair procedures of the erations to come on the pages of the fore November 29, if he can do so in good American judicial process. In any court records of the Senate of the United health, so we can go on with the busi• of the land a person put on his defense States. Those Senators so very clearly ness of the Senate and can come to a would be entitled to a postponement of have called attention to the basic issue final vote on this issue long before De the case for such a reasonable period of in this censure hearing. The issue be cember 24. time as the court might find justified in fore the Senate has never been the issue Mr. DIRKSEN. Mr. President, this is the light of a medical report such as has of communism, because there are 95 a rather amazing discussion. There is been submitted- to the Senate- of the other Senators who hate communism before the Senate a statement by a. United States this afternoon. and are as opposed to communism as reputable physician, who has been known Mr. President, in view of that medical much as the junior Senator from Wis for years to everyone who has served in report, we have no alternative. Any consin hates it and is opposed to it. In either the House or the Senate. I have court that proceeded in an analogous sit spite of his attempt to try to divert known Dr. Calver for more than 22 years, uation to consider the case of a defend attention from the basic issue of viola and I recognize his capacity and also hiS ant who was absent because of illness tion of fair procedure by himself, the record in the Na-vY. would be-reversed by an appellate court. Senators I have just named have, by But I wish to point out-and I think I means of speech after speech, brought When it first came to the attention of have a right to do so on the basis of my us back to the underlying issue before the majority leader that our colleague, own past conduct-that a tremendous us. We are indebted to them. The the junior Senator from Wisconsin [Mr. responsibility and obligation rest upon Nation owes them much. American McCARTHY]. was in the Naval Hospital the junior Senator from Wisconsin to history will pay tribute to them. at Bethesda, Md., I think the majority see to it that he is back in this Chamber I think the Senate must proceed with leader did the eminently correct thing by at the earliest hour possible, commen this censure case as soon as possible, conferring with the minority leader, and surate with the protection of his health. after the Senator from Wisconsin is in by checking to see precisely what was the I say half jocularly-· that I have a right sufficiently good health to return to this situation, and by Qbtaining from the to speak in that regard because I have Chamber, and then must vote on this physicians a formal statement in regard sat on the :floor of the Senate in a wheel issue. to how soon the junior Senator from chair. I have sat on the :floor of the .Mr. President, I, too, know something Wisconsin might be released from th~ Senate when my jaws were wired shut, about delaying tactics. [Laughter.] It hospital. That statement is here, Mr. 16136 CONGRESSIONAL RECORD- SENATE November -18- President; and those doctors, after con sit across the aisle, ·and on whose com amendment to the censure resolution. sultation, have stated to the majority mittee I had the privilege of serving, and I stated that I would offer it at what I leader that, in their considered judg to Lester Hunt. As I think of them, now considered to be an appropriate time. ment, the junior Senator from Wisconsin gone, and as I become a little older and I am sure every Senator will agree that should not be released from the Bethesda a little more mellow in my judgment, I under the present circumstances this is Naval Hospital until November 29. shall wish to have inscribed in the eter not the appropriate time. So I shall Now, Mr. President, comes an amazing nal ledger that I am not so much con reserve decision as to the appropriate proposal from the distinguished junior cerned about my sins of commission as ness of the time until after the Senate Senator from New York [Mr. LEHMAN], I am about sins of omission-the things reconvenes on November 29. who says, in effect, "Let the Senate take I failed to do as a part of the common Mr. WATKINS. Mr. President, I re a recess from day to day." Mr. Presi charity of life. That is a better message gret very much that this debate has had dent, there will be great healing in that to send. to take place. With the exception of the sentiment, will there not, when it is con I am sorry that my friend from Oregon junior Senator from Wisconsin, no one veyed to the one who lies in pain in the [Mr. MoRSE] spoke as he did. If we are in this Chamber has put in more time Naval Hospital at Bethesda?. Will. he to try to weigh this issue in the balance on this question than have members of not find great comfort in that statement? and divide up the time, how are we to the select· committee:· Members of the In line and in consonance with the spirit divide the time when a man's political select committee have met with the of that statement, we could send to JoE life is in jeopardy? How can we say leaders on both sides of the aisle, and McCARTHY a note, this afternoon, in that 5 hours on a side or 5 days on a they are in full agreement with the ma which we could say to him, "Joe, we are side will be enough for a man who is jority leader and the minority leader in going ·to have the Senate take a recess presently in pain to defend himself? the statements which have been made. from day to day; we are going to be here That is not a happy sentiment for the I have personally pre·sided over a court, to catch you the minute the revolving world's greatest deliberate body to send and time and time again ! .have granted door of that hospital lets you out into to a man who is in the hospital this continuances to people who were ill. In the world." That would be a healing afternoon. stating my personal feeling, I do not sentiment, would it not, Mr. President? I hope, therefore, Mr. President, that pretend to speak for other members of Oh, I trust that the distinguished before angry humors are uttered. on the the committee, but my personal feeling junior Senator from New York will ex floor of the Senate this afternoon, Sena is that the Senate should not even have punge all his remarks from the RECORD; tors will realize that the resolution will held a session today. It should have he is too big to let such a statement come to our attention in all good time. recessed immediately upon learning of stand. He has a great compassion. He When the forces of healing have restored the condition of Senator McCARTHY. In has been schooled and educated in the Senator McCARTHY to health, he will be responding to the charges which are ancient faith. He knows about the spirit back. pending, under our procedure he is en that animated the Good Samaritan, long No one ever charged or suspected that titled to be present in person and to ago. So I trust that the junior Senator JoE McCARTHY was lacking in courage. direct his defense. That is my personal from New York, will not permit to re No one ever suspected or charged that feeling. main in the CONGRESSIONAL RECORD a he was lacking in that necessary com I .hope this body will have the con statement of a sentiment that would be monplace heroism which is required to fidence in Dr. Calver that it should have. so unworthy of this body, no matter how meet every neurotic challenge which has we all know him. I personally have one may feel about the pending issue. come day after day. been under his charge. I have been in It would be rather distressing· this eve It is a terrible thing to suspect that the hospital. I know something about ning, when the newspapers are delivered subterfuge may be involved, or that this his ability and integrity. I hope we at the Bethesda Naval Hospital, for the is a "run around.'' God save the mark. shall accept what he says at face value. Senator who is ill at that institution to Those sentiments might best be ex I am willing to accept it. Members of read in the headlines that in this great punged from the CONGRESSIONAL RECORD the select committee are relying upon deliberative body it was suggested that this afternoon, so that when the fevers it, and are willing to agree, and have the Senate will be waiting to catch the have subsided we may consider the issue agreed with the majority leader and the junior Senator from Wisconsin as soon dispassionately. Let me say parentheti minority leader in their stand. as he has been discharged from the hos cally that the condition of the junior I hope this body will not attempt to pital and after physiotherapy has been Senator from Wisconsin is probably amend or modify the motion which I administered. Mr. President, I shall not worse than the cold print of Dr. Calver's think the majority leader intends to put myself in that position. I would not statement would indicate. I reach that make. I join my colleague from Utah do it to my worst enemy, if I had one. conclusion as a result of talking with [Mr. BENNETT] in hoping for the speedy I think this is a time for compassion; ·the distinguished Senator who now oc recovery of the junior Senator from Wis I think it is a time for a little nobility cupies the chair [Mr. GOLDWATER], who consin, for his own good and for the good on our part, in behalf of a colleague who went to Naval Hospital last night to see of all his friends and of the people of has been under harassment from the him. If we can rely upon a very reliable the country. I wish him no harm. I day in February 1949, when he made his person, Edward Williams, counsel for hope a spirit of justice and mercy will speech in Wheeling, W·. Va. Yes, it has Senator McCARTHY, who has been out to direct us in whatever we do, even in been a long and difficult course for JoE see him, his condition is probably worse connection with the matter of postpone McCARTHY; and he deserves eminently than this cold and feeble language would ment. indicate. better from us than that. How amazing TABLE OR RECOMMIT THE RESOLUTION it is, Mr. President, when a man lies in Mr. President, there is fever, and there pain in a hospital, to send to him a mes is pain. The least we could do in an Mr. MALONE. Mr. President, the sage at once so cynical and so brutal. effort to be charitable would be to recess least we can do is· to recess or adjourn Where are the common charities, after the Senate, in consonance with the sug until Senator McCARTHY is able to attend all, Mr. President? How bad must be gestions made by eminent medical au sessions of the Senate. the evil acids eating at the soul if finally thority. When Senator McCARTHY is Mr. President, on Tuesday of this they stir in such a way our passions and ready he will be back here to defend him week I stated, at the conclusion of a our tempers? Where are the little chari self, with his chin up. brief statement, that on Friday, or on ties-particularly, Mr. President, as we Mr. BENNETT. Mr. President, in Saturday, if the distinguished majority think of the time, scarcely a week ago, common, I think, with all the other and minority leaders agreed to hold a when we were commemorating the serv Members of the Senate, I regret the dif session. on that day, I would move to ice and the fellowship of great and good ficulty in which Senator McCARTHY finds table Senate Resolution 301. I fully in men who served on both sides of the himself, and hope that, regardless of its tended to do so, and I think it should be aisle in this body. I refer to Dwight effect upon our problem, he will regain d~~ . Griswold, who used to sit on this side his good health quickly, for his own sake In view of th·e evidence developed be of the aisle; to Hugh Butler, who used and his own benefit. Certainly in this fore this body, with 3 Senators disa to sit close to my desk; to Pat McCarran, hour I do not wish to add to his burdens. greeing, 2 of them being members of ·who used to sit on the other side of the I took the floor Tuesday afternoon to the censure committee and 1 being aisle; to Burnie Maybank, who used to announce that I intended to offer an chairman, as to the accuracy and com- 1954 CONGRESSIONAL .. RECORD- SENATE 16137 pleteness of the resolution, the least the There being no objection, the state the statement concerning Senator HENDRICK Senate should do is to recommit the res ment was ordered to be printed in the SON, acting as a member of the subcommit olution for further committee study. RECORD, as follows: tee, and toward the f?enate itself, was con temptuou~. contumacious, and denunciatory, The opinion of the Senator from Nevada STATEMENT BY SENATOR LENNON ON SENATE Without reason and justification, and was is that it should be tabled. Since there RESOLUTION 301, THE MCCARTHY CENSURE obstructive to the legislative function and Will be a 2 weeks' recess a motion to re IssuE process. For this conduct the select com commit the resolution to the select com Having learned from the experience of pub mittee recommended that Mr. McCARTHY be mittee would enable members . of the lic life as judge of New Hanover County censured by the Senate. committee to meet and decide what they court, and as a member of the State Sen I want to state emphatically and in utmost themselves believe should be done. ate of North Carolina, I came to the United good faith that I am in accord with and . States Senate in July 1953, with the full re subscribe to the recommendations of the In any event, they refuse to hear the alization that there would be times when my select committee on this particular matter junior Senator from Wisconsin. Since views and my votes, as a Member of the and shall attempt to tell you why. he is in the hospital they have plenty of United States Senate, would not be approved The above-referred-to and legally con time to agree among themselves. We by some North Carolfnians and probably not ·ducted Subcommittee on Privileges and have the word of the Senator from South acceptable even to some of my friends and ·Elections, acting under the direct orders of Dakota; in debate this afternoon that he neighbors. ' ·the United States Senate, was inquiring into I favor censure of Mr. McCARTHY. I have matters affecting the honesty, sincerity, will not vote for the second part of the feeling that Mr. McCARTHY should be Resolution 301, and does not believe that character, and conduct of Senator Mc censured if the honor, integrity, and dignity CARTHY. These charges against Mr. Mc, the first part of it-should be approved. of the Senate are to be preserved. .CARTHY were of such nature that the in I ·shall not object to the proposed At the outset I call the Senate's attention ·tegrity, honor, and dignity of the United-· adjournment or recess. There are com to my statement to the press of North Caro States Senate was directly involved. Time mittees which have work to do. -How lina at the time the motion of censure, Sen and time again the Subcommittee on Privi ever the Senator from Nevada believes ate Resolution 301 (and all of the charges leges and Elections, till"ough its chairman incidental thereto) against Mr. McCARTHY and through the medium of letters, called that it is an unusual procedure to pre were filed with the United States Senate last vent all Senate committees from work upon Mr. McCARTHY to come before the com summer. This statement was made before mittee and to offer at least some explana• ing until the first of the year. any debate on the floor and it was to the tion of the serious and grave charges made If we are not to recommit the resolu effect that I would not vote for censure on ·against him. Senator McCARTHY not only tion or lay it on the table, the best thing the basis of the then alleged charges unless failed to make any appearance and any ex we could do would be to postpone con and until they were considered by an impar planation whatever to this duly constituted sideration of it until the 5th of January, tial committee of the Senate, appointed to committee, but continuously, through the study the charges, document and assemble medium of th~ press, in public addresses, so that Members may return to their the charges, hearing any and all witnesses homes and get the Washington atmos- and in other ways, referred repeatedly to available, under oath, as to the truth of such the Senate Subcommittee on Privileges and ·phere out of their hair. Then they charges, and, most important of all, provide Elections as a dishonest committee. Time could return and actually represent the Mr. McCARTHY with an opportunity, not only and time again, in his public utterances, citizens of this Nation. to testify in his own behalf before the com press releases, in letters addressed to mem Mr. LENNON. Mr. President, I am mittee, but to offer any and all witnesses that bers of this subcommittee, he stated that the sure the position stated by the majority he might desire in support of any defense committee was using funds appropriated by leader and the minority with respect to that he might have. the Senate for other purposes and were It developed befor~ the debate was over the motion for· adjournment until Mon stealing' from the taxpayers' money. He that that was the feeling of the majority of issued a public press release stating that a day, November '29, is supported by the the Members of the Senate, and as a result member of the subcommittee, Senator RoBERT great majority of the Members of the of this feeling and the determination on the HENDRICKSON, Republican, of New Jersey, Senate. Certainly .no court has ever part of the Members of the Senate to pro was "a living miracle-Without brains or gone behind a certificate from a reputa ceed in a fair, impartial, and judicial atmos ·guts." History does not record that the ble and honorable doctor. I am sure phere, Senate Resolution 301 was passed by official acts of a Senator of the United States a vote of 75 to 12, referring the motion of have ever been the subject of such con this court will not do so either. censure and all the charges pertaining there Today I had intended to speak to the tinuous vile, vulgar, and insulting language to to a select committee of 6 Senators, 3 by a fellow Senator. subject resolution, Senate Resolution Republicans and 3 Democrats. They were 301. Inasmuch as the junior Senator These were the findings of fact of the appointed to this select committee upon the select committee, and it should be interest from Wisconsin was hospitalized yester recommendation of the majority and minor ing to you to know that Mr. McCARTHY has day, I realized a motion probably would ity leaders of the Senate and these appoint not denied these public statements and has be made to recess or adjourn until at ments were made by the President of the likewise admitted that he wrote and signed least next Monday. On reaching the Senate, RICHARD M. NIXON. the letters to the committee which contained This select committee of three Republicans this insulting language. Senate Chamber this afternoon at 3 and three Democrats were men of the high o'clock, I learned for the first time that The select committee in recommending est character and integrity and men of ex censure of Mr. McCARTHY on this count the Senate would likely-and I think ceptional ability and judicial temperament. took the position that Mr. McCARTHY had properly so-adjourn until the 29th of Senator SAM J. ERVIN, JR., of North Carolina, the right to question, to be critical of, and this month. my colleague, has spent nearly a third of a to condemn the official acts of, any Member. I shall not have an opportunity to century as an inferior judge, superior court of the Senate of the United States, as well record my vote as a Member of the Sen judge, and justice of the Supreme Court of as the findings, conclusions, and recommen- North Carolina and is an example of the . dations, of any Senate committee. How ate, with respect to my feeling on the type of men that were selected for this ardu ever-and the writer shares this belief and motion of censure. It so happens that ous and unpleasant task. feeling of the select committee-no Mem on Monday, the 29th of November, my This committee: after more than a month ber of the Senate has a right to impugn the successor will present his credentials and of public hearings, study, and deliberations, motives of individual Senators responsible will be sworn in and take my place as a sifted and heard evidence on the many for official action, nor to reflect upon their charges filed in the Senate against the junior personal character for what official action Member of the Senate representing in Senator from Wisconsin [Mr. McCARTHY]. they took. It is my opinion, and I think part the State of North Carolina. rn their obvious desire to be fair, the com it is shared by a majority of the Members I did not desire to make a statement mittee resolved every reasonable doubt and, of the Senate, that to permit such continual or address myself to this subject during in a number of instances, every possibility disorderly behavior and such statements the absence of the junior Senator from of a doubt in favor of Mr. McCARTHY. In would bring about the complete destruction Wisconsin. However, I should like the doing so they threw out many of the charges of the Senate processes and procedures. against Mr. McCARTHY, and while holding Even before the select committee had RECORD to show that I favor the censure and finding that they were serious charges, filed its report with the Senate, Mr. Mc motion in the two separate counts, and finally agreed to recommend to the Senate CARTHY in public utterances, and in press if I were present· and able to vote I would of the United States censure of Mr. Mc releases, referred to the Senate's considera vote for it. CARTHY on only two of the charges. tion of the motion of censure as a lynching I ask unanimous consent to have print In. the first instance, they made findings party, With all of its vile and ugly implica of fact, and upon such findings reached the tions. Since the report was filed with the ed in the RECORD at this point an outline conclusion that the conduct of Mr. Mc Senate last week, Mr. McCARTHY has con of the speech I had prepared on Senate CARTHY toward the Subcommittee on Privi tinued his constant pattern of heaping abuse Resolution 301. lege£ and Elections, its members, including and insults upon the members of the select 16138 CONGRESSIONAL 'RECORD- SENATE November 18 committee as well as on the Members of I have read and reread the testimony of In any case; I wiSh to congratulate the the Senate who do not subscribe to his de Gen. Ralph Zwicker and the cross-examina members of the committee. I believe fense. He publicly stated that the select tion of General Zwicker by Mr. McCARTHY they have done a magnificent job. I be committee was "the unwitting handmaiden and by the counsel of Mr. McCARTHY's com lieve the presentation on the part of all of the Communist Party, that the committee mittee, Mr. Roy Cohn. I have likewise read in its report was guilty of discrepancies, in the testimony of Mr. McCARTHY given before of them has been extremely fine, and I accuracies, and misrepresentations; that the the select committee and it was at that time have no complaint about that at all. In Communist Party had reached its tentacles that Mr. McCARTHY stated that he knew and fact, I must confess that perhaps I was into the Senate itself and that the members had known, prior to his examination of Gen in error in my view back in August that of the select committee were attorneys in eral Zwicker, that General Zwicker had no the committee would find itself unable fact of the Communist Party." He has like sympathy for the Communist Party or for to fortify the evidence already in the wise stated publicly that the distinguished anyone who followed the Communist line. record with respect to the junior Senator chairman of the select committee, Senator He, Sen~tor McCARTHY, likewise testified un WATKINS, Republican of Utah, was stupid and der oath before the select committee that from Wisconsin. I did. not at that time cowardly. he was familiar with and had in his pos realize that many Senators were not as Some feel indebted to Mr. McCARTHY for session a copy of the Presidential directive well acquainted with the junior Senator's fighting communism. In that connection I which prohibited General Zwicker from testi activities as I was. Apparently not all would like to respectfully call your atten fying in detail on the matters and things in Senators had made as thorough a study tion to the fact that at no time in the his volving Major Peress. as I had made of what he had done in tory of Mr. McCARTHY's experience as a I am in full agreement with the select the various committees. Therefore, I Member of the Senate or as chairman of the committee that Mr. McCARTHY should be Permanent Senate Investigating Committee censured for this disorderly behavior. Had believe the select committee rendered a has he been able to obtain evidence against Mr. McCARTHY honestly believed that General great service. any person, sufilcient to convict that person Zwicker was sympathetic to anyone who I merely remind the majority leader for subversion or traitorous acts. had Communist inclinations, and if he that in the discussion and debate which I could give the names of many great had not known of the Presidential took place during the latter part of July Americans, Members of both the Senate and Executive directive, I could then have readily and early part of August he morally the House of Representatives, who have val understood how he could have been provoked committed himself and his party and iantly and effectively lead the fight against to the extent that he might have used the communism and subversion in Government. language that he did about General Zwicker. everything he has at his command in the None of these men has ever been investi It has now been publicly announced from Senate to bring the matter to a vote. gated or called to task by either the Senate the floor of the Senate that a new charge This is an unfortunate development or the House of Representatives. Why? of censure will be lodged against Mr. McCAR which has now come before the Senate. The answer is simple. They have gone about THY for disorderly behavior, including the However, in all fairness, I do believe that their job without fanfare and without trying vile language and insults of several members the suggestion of the Senator from Ore to make it appear that they alone were the of the select committee and the Senate itself, gon [Mr. MORSE] is a sound and equita symbol of the fight against communism. Mr. since it began the consideration of Senate ble one. It is true we feel very sorry for McCARTHY's counsel, in his law brief, filed Resolution 301. There will be no necessity in the report, admits that there may be for referring these admitted and known acts an individual who is indisposed. Weal instances, where language spoken by a Sena of disorderly behavior of the junior Senator ways do. However, there are a ·great tor about a colleague, and not on the floor from Wisconsin as they were committed in many others of us who are greatly indis of the Senate, could have a real and imme the presence of the Senate, including his posed by this special session. I had to diate tendency to obstruct the legislative speeches on the Senate floor. I shall vote to go to New York as a delegate to the function or process and could therefore be sustain this additional censure motion. United Nations. It caused a great deal censurable. Certainly no fair-minded per I am sure Senators are familiar with article of trouble, as well as considerable ex son under their oath as a Member of the 1, section 5, of the United States Constitu pense, as everyone knows, who has been Senate of the United States can say that tion which provides as follows: the language and conduct of Mr. McCARTHY "Each House may determine the rules of there. I had to return to attend the spe has not obstructed or endangered the legis its proceedings, punish its Members for dis cial session. I suppose now I shall be lative function of the Senate. The time is orderly behavior, and, with the concurrence faced with the necessity of returning to here when the Members of the Senate of of two-thirds, expel a Member." New York for a week and then coming the United States must face the issue of back to Washington. having its legislative processes and functions It is a duty of the Members of the Senate endangered, obstructed or destroyed by Mr. to determine whether or not Mr. McCARTHY In any case, the indisposition is not McCARTHY, or anyone else. Unfortunately in has been guilty of disorderly behavior and all on one side. Therefore, all the gen the eyes of a number of Americans, Mr. Mc if this determination is made it is the in erous sympathy the Senator from Illi CARTHY makes it appear that a vote of cen escapable duty of the Members of the Senate nois expressed should not be reserved for sure for his insulting, abusive, vile, and dis to publicly reprimand him for such disor the junior Senator from Wisconsin. All orderly behavior is a vote in favor of com derly behavior, however personally distaste ful, I regret that Mr. McCARTHY has con of us have been put out considerably on munism. account of the activities of the Senator In addition to this recommendation of ducted himself in such a way that the Sen censure the select committee has likewise ate is called upon to determine if he has from Wisconsin. As a matter of fact, recommended that Mr. McCARTHY be cen been guilty of disorderly behavior. But since he has occupied a very large proportion sured because of the language and the he has been so charged and since, in my opin of the time and thought of the Senate method and tactics used in the examination ion, the evidence is so clear, cogent, and con and of the executive department dur of a witness who appeared before the Sen vincing, I cannot escape my responsibility by taking refuge with those who may believe ing the past 3 years. ate Permanent Committee on Investigations. I certainly believe that it is time for The select committee found as a fact that that a motion of censure for Mr. McCARTHY his treatment, abusive language and conduct will be construed as being soft on com a vote to be taken. I do not know what of Gen. Ralph W. Zwicker was insulting and munism. the outcome of the· vote will be. How calculated to humiliate and was in no sense ever, in all fairness, coupled with the Mr. FULBRIGHT. Mr. President, I motion to adjourn we should have a or manner justifiable. wish to say that I sincerely regret the The evidence now discloses that at the unanimous-consent agreement for a time General Zwicker testified, at which illness of the junior Senator from Wis vote. I do not care what the date is, hearing he was referred to publicly by Mr. consin. I have only recently left the hos but a date should be fixed on which the McCARTHY as a fifth amendment general, a pital myself, after I had a cartilage re Senate is to vote before the Senate ad disgrace to the Army uniform and a man moved from my right knee. I went unfit for any service of the United States, journs sine die. I certainly understood home on the fifth day after the opera the Senator from California, the ma that Mr. McCARTHY knew all of the facts and tion, which is .considered a rather diffi circumstances about which General Zwicker jority leader, to assure the Senate we was called upon to testify. Mr. McCARTHY cult one. I merely wish to remind the would have a chance to vote at some likewise knew that General Zwicker did not majority leader that in the debate on time before the Senate adjourns sine believe in coddling or protecting commu August 2 I opposed the referral of the die. · nism or those who followed the Communist resolution to a committee and the post The majority leader knows. very well, line, and further knew that at the time Gen ponement of consideration of this mat if the Senate adjourns· to the 29th, it eral Zwicker testified that he, General Zwick ter. It was not because I did not have er was under a Presidential directive or will be a rela-tively simple matter to pre· order forbidding him to give any information the greatest respect for the Senators who vent a vote before the 24th of December, pertaining to the promotion and honorable were.to compose the committee, although if the opposition to the resolution s9 discharge of Major Peress, the subject under I did not know at that time who they. desires: I certainly do not want to ap investigation. would be. pear in the position of heartlessness, or 1954 CONGRESSIONAL RECORD- SENATE 16139 anything of that sort. All of us have sible date. So far as the minority leader make the unanimous-consent request bad similar indispositions and illnesses. and, I am sure, the minority as a whole that in view of adjournment to the 29th On the authority of the letter from Dr. are concerned, we are willing to begin of November, when we return, the mat.. Calver it would appear that the illness the sessions of the Senate as early in ter be brought to a vote not later than of the junior Senator from Wisconsin the morning as possible and stay in ses the 20th of December. I couple with it is not of major proportions, and that he sion as late at night as we were required the usual request that nongermane mat does not seem to suffer-from a serious to do in the regular session of the 83d . ters be excluded, if that is a permissible disease, and I do not doubt that he will Congress before we adjourned. The request to make at this time. recover. majority leader can speak for both Mr. JENNER. Mr. President, reserv.. In the meantime, we will have a delay of us insofar as setting the schedule is ing the right to object-and I shall ob to a point where it would be a simple concerned, and to sit as long as Senators ject-! want to cite my authority, which matter, as the Senator from California are able to sit and listen to the debate. is none other than the very, very distin knows, to prevent any vote. Those of Mr. KNOWLAND. Mr. President, I guished Senator from Oregon [Mr. us who have been interested in this mat wish to thank the Senator from Texas. ·MORSE], WhO said: ter believe that it is desirable to have a I have stated the background and the Furthermore, Mr. President, I have already vote at some time before the Senate ad facts, fully realizing that perhaps in said on the floor of the Senate that, as a journs sine die. some quarters criticism will be made matter of policy, I believe unanimous-con Therefore, I respectfully submit. that ! think not in the Senate; I hope not, sent agreements to have the Senate vote at ft is the majority leader's obligation to but if here, I am prepared to accept the a certain hour represent a very bad policy, request such unanimous consent. If responsibility; perhaps in the puplic as a general habit, insofar as the Senate is such unanimous consent is not granted, press; I hope not, but if under our sys concerned. It leads to steamroller tactics- I cannot in good faith vote for the reso tem of the free press such criticism is I am sure no one wants to do that. lution to be offered by the majority leveled, I am prepared to accept it. In· 1 I read further: leader. asmuch as I have served in the position and it results in the situation that Members Mr. KNOWLAND. Mr. President, I of majority leader in a body divided so of the Sen'ate will not be on the floor of the will say to the Senator from Arkansas closely as this body has been during the Senate with open minds, subject to chan:;e, that the majority leader has been en 83d Congress, and since in the 84th Con in accordance with the evidence and the ar deavoring during what has been a trying gress it will be divided equally closely, I guments· offered on the floor. period for all of u~and today is no less can say in entire good humor that not I remind my colleagues that when the trying-to keep in good humor, and I only does the new majority leader who debate closed yesterday there was a great wish to address myself to this subject in sits across from me have· my congratula· crowd of seven judges present. I do not that attitude and frame of mind. tions with reference to the position . know where the others were. I believe the Senator from California, which he will soon occupy, but he also Mr. · President, the very, very distin.. who ~appens to be charged. with the re has my deepest sympathy, because these guished Senator from Oregon said, fur .. sponsibility of occupying the majority problems are not easy of solution. ther: leader's chair at the present time, thor Someone has to take some responsibility Once before I submitted a detailed analysis oughly understands his obligations to the and I am prepared to take mine: of the history of unanimous-consent agree." Senate. I have before me the resolution-as I ments in the Senate, going back a great Like most of the other Members of the have indicated it will be offered by me many years. The fact is, Mr. President, that Senate, if not indeed all of them, I am which reads as follows: as we examine the statistics, we find that familiar with the fact that when we ad .Resolved, That the Senate, at the conclu the unanimous-consent agreements are clus journed last August, wheth~r we were sion of its business toda.y, adjourn until ~ered around recent dates. They are a new candidates for election or whether we Monday, November 29, 1954, at 12 o'clock development, and I think that development is an unsound one. were not candidates, all of us knew we meridian. Therefore, on the ground of that general would engage in an important campaign, It is entirely within the hands of this policy, I shall object to any such request for which took place as a part of the Ameri· body to amend it if it is so desired, but a unanimous-consent agreement, although, can constitutional process. that is my recommendation to the Sen· as I have always said, I shall reserve the The day after that campaign was over ate, based on the facts before me, amply right, i~ specific cases- I left California to return to Washing· spelled out here today, and on my re I presume this is a specific case ton for this session and for some pre· sponsibility as majority leader of the when I am satisfied that debate upon the liminary matters, including a meeting of Senate; since I hold this position of re· merits of an issue has been fulfilled- a joint committee on which I have the sponsibility, I am going to offer that ino• responsibility of serving. Has the debate been fulfilled? Here tion, and any Senator may amend it if he is a member of the select committee who Neither my wife nor I have had an op so desires. I send it to the desk for the portunity to enjoy a holiday, and I am gave this body new facts which had information of the Senate. never been considered by the select com· very desirous of doing that for reasons Mr. MALONE. Mr. President, will the which are entirely personal. However, I mittee. I wonder if the very, very dis · wish to say to the Senator from Ar Senator from California yield? tinguished Senator from Oregon was kansas that, so far as the majority leader Mr. KNOWLAND. I shall be glad to present today to hear the facts pre is concerned, there is no interest in, and . yield. sented. there will be no support for, any effort to Mr. FULBRIGHT. Mr. President, I I could go on and on, but I take as prevent a vote on the pending resolution thought the Senator from California was my authority the distinguished ·senator in the 83d Congress. I believe the Sen responding to my inquiry. from Oregon, and I object. ate has a responsibility to settle this Mr. KNOWLAND. I think the Sena Mr. MORSE. Mr. President, will the matter and to bring the resolution to a tor is correct. I do not have the floor. Senator from Indiana yield? vote before it adjourns sine die. To the I felt I should make that statement and Mr. JENNER. I yield. best of my ability, and with all the advice I have made it. The Senator has all his Mr. MORSE. Has the Senator any I might give to. my colleagues on this rights, under the rules, as a Senator of further objections? · side of the aisle-and I have no right to the United States. Mr. JENNER. No. That is. all. advise any Senator on the other side of Mr. FULBRIGHT. I appreciate that. . Mr. MORSE. Mr. President, I wish to the aisle- If I correctly understand the Senator's thank my friend from Indiana for read Mr. JOHNSON of Texas. Mr. Presi· response, it is that he is not willing to ing with such "friendly emphasis" the dent, will the Senator yield? ask unanimous consent that some time policy position of the Senator from Ore Mr. KNOWLAND. I yield. prior to the adjournment of this session gon on unanimous-consent agreements. Mr. JOHNSON of Texas. I merely of the 83d Congress we come to a vote on I do not change that policy position, Mr. wish to say that the minority leader does Senate Resolution 301. President. Time and time again, as the not need any advice. However, he does Mr. President, if no other Senator is majority leader and the minority leader wish to associate himself with the en· willing to ask it-and I take it from the can testify as my witnesses, I have coop· deavors of the majority leader to. bring attitude of several .Senators who have erated in obtaining unanimous-consent this matter to a vote at the earliest pos- spoken that it will not be granted-! agreements whenever, in my opinion, tp.e _. 16140 CONGRESSIONAL RECORD- SENATE November 18 exception clause read by the Senator M~ . KNOWLAND. So· far as I know, Mr. STENNIS. I can appreciate those from Indiana had been met on the floor the junior Senator from Wisconsin him- facts. of the Senate, and when I was satisfied self has not requested any postponement. I observe on the :floor Mr. Williams, that the minority interests were being When the letter was -finally delivered by the attorney for Mr. McCARTHY. During protected by being given full opportunity the attending physician of Congress the hearings I learned to know andre to present their arguments on the merits during the recess, I supplied, as I have spect him very highly, both personally of the issue. In the specific case now heretofore stated, a copy of the letter and as a lawyer. Of course, he may not before the Senate there may be more to the distinguished minority leader, and speak on the :floor, but I am certain he things to be said on the issue, but I re I then consulted with the persons with would correct this impression if it were spectfully suggest, Mr. President, that whom I indicated I had consulted. not correct. As I understand, he, as at- many of them will be redundant and I then sent for Mr. Edward Williams, torney for Senator McCARTHY, made the repetitive. Certainly, if we reconvene who is counsel for Senator MCCARTHY, representation to the majority leader on November 29, a unanimous-consent and who has been sitting on the floor that, in his opinion, Senator McCARTHY agreement to vote 10 days thereafter will next to him. I read him the text of the is unable properly, from his standpoint, give every Senator ample opportunity to letter, which I thought was proper pro- to conduct his case before the Senate. bring out all the pros and cons on this cedure and should be done, and told him Mr.. THYE. Mr. President, will the issue. It is only when I am satisfied in what I intended to do. Senator from Mississippi yield? a specific case that there is an attempt Mr. Williams expressed to me his Mr. STENNIS. I yield. to throttle the minority and prevent full personal opinion-and I did not base my Mr. THYE. Would it not be improper debate that I object to unanimous-con recommendation on his opinion, but for the Senate to continue discussing sent agreements as a matter of policy. rather on the medical advice contained that which is of a personal nature and The Senator from Indiana [Mr. JENNER] in the letter I received; but since the is against the character of a Member certainly can be charged with knowledge Senator from Mississippi has raised the of the Senate, if that Member were con of my policy on this matter and his at question, I desired him to have the ad- fined to a hospital upon the orders of his tempt to becloud it is not going to fool vantage of all the information I have re- doctor? As one Member, I would not the Senate or the country. ceived in the matter-Mr. Williams ex- wish to deliberate any further concern I repeat, Mr. President, that my record pressed it as his personal opinion, he ing that Member until such time as he on this matter will continue to be my having seen Senator McCARTHY briefly was able to come to the floor. policy. Here we have _an instance of last night, and having informed me that Mr. STENNIS. I said that even a unanimous-consent agreement offered the doctor in attendance was really dis- though there were a request on the part which calls for days and days of debate, turbed that the Senator had had a visitor of the junior Senator from Wisconsin for and it certainly gives everyone an oppor even last night, that Senator McCARTHY the senate to continue, it might still tunity to present the merits of the pros was not in a position to conduct his own - be the duty of the Senate to recess. I and cons of the arguments on the pend defense. made that clear in the beginning. At ing censure resolution. In my judgment, That is the only information I have to the same time, if the junior Senator from any refusal to go along with an agree offer to the Senator froin Mississippi or Wisconsin is objecting to the proposed ment calling for a final vote by Decem to the entire Senate. recess, I think the Senate ought to know ber 20 is a confession that Senators C.o Mr. STENNIS. If I understand cor- about it now. not want to vote at all on this issue before rectly, Mr. Williams, the attorney for Mr. KNOWLAND. Mr. President, I the required hour of adjournment on the junior Senator from Wisconsin, re- desire to make one change in my state December 24. ported to the Senator from California :tnent. Following the suggestion of the Mr. STENNIS. Mr. President, may I that the attending physician said-- Senator from Mississippi; I spoke to Mr. ask the majority leader a question? Mr. KNOWLAND. No, no. Mr. Wil- Williams. He said that the statement Mr. KNOWLAND. I shall be glad to Iiams told me that, in his personal opin- I had made was substantially correct, have the Senator from Mississippi ask ion, he thought Senator McCARtHY'S as he recalled it, with one addition. a question. condition, as he observed the Senator last night, was such that he did not be- I now recall that Mr. Williams stated Mr. STENNIS. Mr. President, I have lieve Senator McCARTHY was in a posi- that when he saw Senator McCARTHY, already expressed my sentiments to the tion to conduct his own defense, and he Senator McCARTHY himself had ex minority leader with reference to the doubted whether the Senator would be in pressed the hope that the matter would question of carrying over this matter be not be postponed merely because the cause of the condition of the health of a position to do so in so short a time as junior Senator from Wisconsin was in the junior Senator from Wisconsin. I the Senator had indicated. But that was the hospital. have·conferred with the chairman of the not a medical opinion; that was the Mr. STENNIS. I think the informa- opinion of counsel, to whom I read the select committee, this afternoon, and he letter. tion which we have now received has en- has expressed sentiments which I shall not repeat, but in which I join. Mr. STENNIS. I think the opinion of tirely cleared up _the matter. I thank counsel in the case would be very serious the majority leader. But there is a serious question in my and entitled to great weight. But I did I wish to make it clear that I am not mind, and it is this: Has the junior Sen not want to be confronted with the fact ~n favor of proceeding until the junior. ator from Wisconsin requested that the that after the Senate had taken this ac- Senator from Wisconsin is able to be matter be carried over, or has his at tion and had recessed, the contention of present, even if it should be his opinion torney or anyone who speaks for him on the junior Senator from Wisconsin would that the Senate should proceed. the :floor made such a request? I think we should know about that. I have be that he did not desire it to be done. SEVERAL SENATORs. Vote! Vote! Vote! heard quoted a radio broadcast which, Mr. KNOWLAND. It was for that if it was correct, indicated that the jun reason, among others, that I felt I had an ior Senator from Wisconsin desired to obligation-and I discussed the matter SUBCOMMITTEE MEETING DURING have the Senate continue in session and with the minority leader-to call in the SENATE SESSIONS- MINERALS, to vote on the matter. attorney who is representing Senator MATERIALS, AND FUELS ECO McCARTHY, and to lay before him the NOMIC SUBCOMMITTEE OF THE I do not believe that such a request letter which I had received from the at would be controlling upon the Senate, tending physician. COMMITTEE ON INTERIOR AND because if the junior Senator from Wis With the information Mr. Williams INSULAR AFFAIRS consin were not able to be present, the supplied, not as medical information, be Mr. MALONE. Mr. President, I ask Senate could continue the debate even cause I assume he is not a medical man, unanimous consent that the Minerals, if he objected. I did not feel warranted, under the cir Materials, and Fuels Economic Subcom The point I make is that the Senate cumstances, in asking for a personal in mittee of the Committee on Interior and is entitled to know whether the junior terview with Senator McCARTHY, be Insular Affairs may proceed to conduct Senator from Wisconsin has requested a cause it had been indicated to me by his their business in accordance with the postponement, either himself or through counsel that the doctors had-been dis modified schedule already established. his attorney or anyone else who speaks turbed that even Mr. Williams had vis The PRESIDING OFFICER. Without for him. ited Senator McCARTHY last evening. objection, it is so ordered. 1951,. CONGRESSIONAL -RECORD-SENATE 16141 . Mr. LANGER. . Mr. President, reserv from a parliamentary point-of. view, the subcommittees must gain the- permis ing the right to object, I should like to .adoption of the resolution itself will not sion of the Senate-to meet during the ask a question of the. distinguished jun adjourn the Senate until November 29; period of time the .Senate may be either ior Senator from Dlinois, provided I may it will merely become an order of the in recess or in adjournment? have, unanimous consent to do so with- Senate, which will be subject to a later ·The PRESIDING OFFICER. The out his losing the floor. .. motion to adjourn. - Chair-is informed that there is no such I have been very much impressed bY On the resolution, I ask for the yeas requirement. On the other hand, there the very eloquent speech of the junior and nays. I am not asking for a vote at is a rule, which th~ Chair will read: Senator from Dlinois·; in fact, it brought this time; I am merely requesting the No standing committee of the Senate or tears to my eyes. I wondered if we yeas and nays on the resolution. the House,· except -the· Committee on Rules should not include in the resolution a The yeas and nays were o_rdered . . of the House, shall sit,-. without special leave, provision for -the sending of flowers to while the Senate or the House, as the ease .Senator McCARTHY; . and whether we may be, 1s 1n session. should not debate the kind-of nowers COMMITrEE MEETINGS DURING Mr. LANGER; Mr. President, 1 there which should be sent, whether they be ADJOURNMENT PERIOD fore ask unanimous consent that the forget-me-nots. . chrysanthemums, or Mr. MANSFIELD. ·Mr. President, will Committee of the Judiciary-- . , roses. the Senator yield? Mr. KNOWLAND. If I may interrupt I should like to have the opinion of Mr. KNOWLAND. I really do not the Senator, I wish to tell him that it the distinguished junior Senator from have. the floor in my own right·: I have it . is not ne~essary that he ask unanimous · IDinois as to whether this should not be by courtesy of. the Senator from Illinois ~onsent tor the committee or subcom , .done-as an act of sympathy on our part. [Mr. DiRKSEN]. mittees to sit during the period of a re It. would be a very :fine gestur.e to send Mr. MANSFIELD. In line with there cess or adjournment. :flowers, in view of the fact that the jun quest of the Senator from Nevada [Mr. Mr. HENNINGS. Mr. President- Jor senator from Wisconsin is disabled MALONE], may we assume that all com The PRESIDING OFFICER.. The and .is in a hospital. · mittees will have a right to meet during Senator frqm lliinoi$ has the :floor. Mr. DffiKSEN. Mr. President, am I the recess? at liberty to answer? . Mr. DmKSEN. Mr. President, I have The PRESIDING OFFICER. The the floor. ORDER OF PROCEDURE Senator' from Nevada [Mr. MALONE] has -The PRESIDING. -OFFICER. The Mr. DIRKSEN: I know that my very .the· floor. Chair wishes to answer the question pro distinguished colleague from the--great Mr. MALONE. Mr. President, there pounded by the Senator from Montana. <>pen spaces in North Dakota is never _quest for unanimous permission for my · Mr. DIRKSEN. Mr. President, I make facetious, and his question to me was in subcommitt~e to proceed with our work the point of order that~ have the floor. the utmost of good faith, as to whether 1n accordance with the modified sched If the Senator _!rom Montana will now or not the Senate should send flowel's to ule already adopted has already been address me, I shall be delighted to yield our colleague. granted. for a question or two without losing my That is en individual m-atter, Mr.. Mr. KUCHEL. Mr. President, what right to the floor. · President. The only thing I know in the was the unani~ous-consent request? Mr. MANSFIELD. I have no ques Senators in the rear of the Chamber can rule book about flowers .is that there is tions to ask at this time. I thank the in the general rules appertaining to the not bear w.hat is being said. ' Senator. . . The PRESIDING OFFICER. The Senate a provision that flowers must not Mr. DffiKSEN. Mr. President, I now be brought into the Senate Chamber. unanimous-consent request was that the yield to. the distinguished Senator from Economic Subcommittee on Minerals, North Dakota. _ . I think the matter of Bending :flowers Materials, ·and Fuels of the Committee Mr: LANGER. Mr. President, I should to an ill colleague is a matter to. be de on Interior and Insular Affairs be per like to know whether .or not, .under the cided by individual Senators.· With all mitted to conduct their business in ac ruling made or agreement entered into, modesty, I may recall the fact that dur cordance with. the modified schedule al ing-the l-ast session one of th.e· very dili during the recess the subcommittees of gent and devoted reporters of debates ready established. The Senator from the Judiciary Committee mu~t ask for North Dakota [Mr. LANGER] reserved the unanimous consent in order to be per of the United States Senate collapsed-in right to object. The Chair has not yet mitted to sit. the course of his work. To me it was heard objection. . Mr. KNOWLAND. Mr. President, I rather strange that no Senator bothered Mr. ANDERSON. Mr. President, the would rather address a parliamentary to send him any flowers in his distress. request is not a request of the Commit .inquiry to the Chair than attempt to One Senator may have; I would not wish tee on Interior and Insular Affairs; it is answer that question, but when the Sen to comment on that. But any Senator a request of the Economic Subcommittee ate is not in session .I believe that the is at liberty to send flowers to the Naval on Minerals, Materials, and Fuels. Senate committees have :whatever power Hospital if the sweet and gentle spirit The PRESIDING OFFICER. It · is a and authority they have to function dur moves him. · request of the Economic Subcommittee ing recesses or adjournments of the Sen : One other thing I must allude to, be on Minerals, Materials, and Fuels of the ate without getting permission of the cause I cMi.not let it go unchallenged. Committee on Inteiior and Insular Af Senate specifically to do so. Subsequent My very distinguished friend from Ore fairs. to my brief statement, I shall make a gon-and I wish he would listen for a Mr. KNOWLAND. Mr. President, has parliamentary inquiry. I think the re moment--- unanimous consent been granted for the quirement for getting unanimous con Mr. MORSE. I always listen to the request made by the distinguished senior sent stems from the fact that the duty distinguished senator from Dlinois. Senator from Nevada? of Senators is to be in the Senate Cham Mr. DffiKSEN. I am grateful indeed The PRESIDING OFFICER. With ber while the Senate is in session. In for this attention. · out objection, the request is granted. order to be excused. so that they will not Mr. President, the Senator said it was The Senator from Nevada has relin be brought in perhaps by the Sergeant a kind of confession to make, if we halVe quished the floor; the Senator from illi at Arms if there is a quorum call, or in failed to adopt some kind of a rule that nois has the .floor. order that Senators may be permitted to would actually assure a vote on the pend leave while the Senate is debating, it is ing measure. I know of no juridical body customary to ask unanimous consent in the world. I know of no co:Urt in the ORDER OF PROCEDURE that such committees may meet while world, wherein the complaining witness, Mr. KNOWLAND. Mr. President, will the Senate is in session. or one of the eomplaining witnesses, the Senator from Illinois yield, so that I Mr. President, a parliamentary in must first present his complaint to the may make an additional statement? quiry. grand jury and then go before the judge Mr. DIRKSEN. I yield~ The PRESIDING OFFICER. The and state that the judge ought to limit Mr. KNOWLAND. This statement Senator will state it. the time of the defense. will not foreclose any further discu~sion, Mi. KNOWLAND. Is there any rule The distinguished Senator from Ar but, in view of the general discussion requiring that a standing committee of kansas [Mr. FuLBRIGHT] is in the same which has taken place, I might say that, the Senate or its properly authorized position. He is one of the complaining 16142 CONGRESSIONAL RECORD- SENATE November 18 witnesses, and it appears in the testi ment by analogy to court procedure up lars be filed against the junior Senator mony and in the hearings as to who to the point he thinks will serve his from Wisconsin, and I filed one. Before filed the chrurges. He suggests now to purpose. Then he shifts his ground and this debate is over I will file my docu the Senate that it limit the debate, that pleads for unlimited debate on this cen mentation in support of that bill of par the Senate limit the defense. sure resolution forgetting that under his ticulars. I am very happy over the fact Mr. FULBRIGHT. Mr. President, will own court procedure analogy defendants that apparently the select committee the Senator yield? are subject to fair procedures aimed at found that some basis existed for that Mr. DffiKSEN. I yield to the Senator bringing the trial to an end within a re·a documentation, because the select com from Arkansas. sonable time. I shall not even attempt mittee appears to have made consider Mr. FULBRIGHT. I did not originate to carry the argument by analogy I now able use of it in the preparation of its the suggestion. It was only in response make into complete and analogous de report. to the request by the Senator from Illi tail, but in no small sense can it be said At this time let me say that the junior nois, or at least he and his friends, for that the lower court or the lower tri Senator from Wisconsin and I disagree this very unusual delaty, that the pro bunal has already acted on this censure fundamentally on many, many issues, posal was made. I did not initiate the charge. The trial of the charge was including the issue of the procedure he move for limitation. It was only in re held before the select committee. We has adopted too frequently in conduct sponse to the move that has been made ·are not conducting a de novo trial. The ing his. investigations. But if he were on the other side of the aisle that the Senate is sitting in review to press this here this afte-rnoon, I think he would Senate suspend this discussion. argument by analogy a bit further. · We say-as I wish to say about him-that Mr. DIRKSEN. The junior Senator are sitting in the capacity of an appel there has always been a kindly and from Illinois is astounded at that ob late tribunal. friendly personal relationship existing servation. I know of nothing, by direc It is a common practice for appellate between us. We have had deep profes tion, indirection, word, deed, sign, or tribunals to put reasonable time limita sional differences of opinion, but there gesture; on the part of the junior Sena tions upon argument. All they have to has been good-natured banter between tor from Illinois that might have con make certain of is that it is a reason us almost every time we met, including veyed to any Member of this great able exercise of judicial discretion, and the other day, when, on the fioor of the deliberative jury that there should be a the decision of the appellate court will Senate, I said, "Hello. How are you, limitation on the defense. Who knows stand, no matter how high upstairs one Joe? I am glad to see you." And here how long the defense needs? The chief takes it, even to the great judicial cathe plied, "Well, I am not sure I am glad to defendant, if one may call him that dral across the way, the Supreme Court see you but how are you anyway?" We he is not a defendant in my ·book-is of the United States. laughed about it, and then proceeded to not present. He is the only one who can Mr. HENNINGS. Mr. President, will _discuss _what had transpired since last speak for himself. The proposal simply the Genator from Oregon yield to me? we met here on the fioor of the Senate. violates every juridical rule of which I Mr. MORSE. Mr. President, I do not We know that we differ fundamentally have any knowledge, that when a man's yield at this point. on the great issue which is before the political future is in jeopardy, there shall I wish to say that all the elements of Senate_, namely, the kind of procedure be afforded him unrestrained opportu justice will be protected by the imposi which should have been followed by the nity to defend himself. That is why tion of a reasonable period of time for junior Senator from Wisconsin in con there is provision that a series of ap argument on the part of the McCarthy ducting his investigations. peals can be taken. That is why in any defenders and on the part of those who But, Mr. President, let me tell you, as court of the land an attorney can note are opposed to the position taken by the a Christian I wish nothing but good to every exception in the record and take McCarthy defenders. I am certain that the junior Senator from Wisconsin, from the case to the highest court before ulti even the Senator from Illinois [Mr. the standpoint of his health. ' I pray a mate judgment is pronounced. There DIRKSEN] would find ample time, in the speedy recovery for him; and I hope he will be no appeal from the judgment of period of time between November 29 and can get back here before November 29, this body. There is no statute of lim December 20·, to present even the most so that we can proceed to reach a final itations to be imposed. exhausting arguments-which certainly disposition of this issue at the earliest I do not go along with the suggestion he is very capable of making-to the possible hour. that the Senate is sitting as a court. Senate. Mr. KNOWLAND. Mr. President, I There is not a single judicial attribute Mr. President, I wish to say that when desire to move the adoption of the reso about the Senate of which I know. First I spoke a few moments ago about a dila lution as soon as I may. tory tactic which would seek to prevent of all-and I may just as well complete Mr. LEHMAN. Mr. President, a par this observation before I yield to my a vote by the Senate by the time of final liamentary inquiry. friend from Oregon-Federal judges adjournment, and when I referred to it as a confession of delay tactics on the The PRESIDING OFFICER