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 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 . 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

. 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