~ongrcssionalltcrord of America PROCEEDINGS AND DEBATES OF THE 90~h CONGRESS, SECOND SESSION

SE:NATE-Monday, January 15, 1968

The 15th day of January being the Indiana [Mr. BAYH], the Senator from Alaska.-E. L. Bartlett and Ernest day prescribed by Public Law 90-230, [Mr. BIBLE], the Senator from Gruening. 90th Congress, first session, for the North Dakota [Mr. BURDICK], the Sen­ Arizona.-Car1 Hayden and Paul J.· meeting of the second session of the ator from [Mr. BYRD], the Sen­ Fannin. 90th Congress, the Senate assembled in ator from Pennsylvania [Mr. CLARK], the Arkansas.-John L. McClellan and J. its Chamber at the Capitol. Senator from Tennessee [Mr. GORE], the W. Fulbright. The Senate was called to order by the Senator from Massachusetts [Mr. KEN­ Calijornia.-Thomas H. Kuchel and Vice President. NEDY], the Senator from [Mr. George Murphy. The Chaplain, Rev. Frederick Brown LAuscHE], the Senator from New Hamp­ Colorado.-Gordon Allott and Peter H. Harris, D.D., offered the following shire [Mr. MciNTYRE], the Senator from Dominick. prayer: Montana [Mr. METCALF], the Senator Connecticut.-Thomas J. Dodd and from Minnesota [Mr. MoNDALE], the Sen­ Abraham A. Ribicoff. Lord and Master of us all, whate'er our ator from Utah [Mr. Mossl, the Senator Delaware.-John J. Williams and J. name or sign, our fathers trusted in Thee from Maryland [Mr. TYDINGS], the Sen­ Caleb Boggs. and were not confounded-in Thee we ator from New Jersey [Mr. WILLIAMS], FZorida.--Spessard L. Holland and trust. In Thee is our sure confidence that the Senator from Texas [Mr. YAR­ George A. Smathers. the way of the Republic is down no fatal BOROUGH], the Senator from Ohio [Mr. Georgia.-Richard B. Russell and Her­ slope out up to freer sun and air. YouNG] and the Senator from New Mex­ man E. Talmadge. Thou has taught us to love truth, and ico [Mr. MoNTOYA], are absent on official Hawaii.-Hiram L. Fong and Daniel K. · goodness, and beauty. business. Inouye. May Thy truth make us free-free I also announce that the Senator from Jdah<>.-Frank Church and Len B. Jor­ from pride and prejudice and from all Mississippi [Mr. EASTLAND], the Senator dan. the ugly sins of disposition that doth so from North Carolina [Mr. ERVIN], the IZZin<>is.-Everett M. Dirksen and easily beset us. Senator from Alabama [Mr. HILL], the Charles H. Percy. Lift us above the mud and scum of Senator from Washington [Mr. JAcK­ Indiana.-Vance Hartke and Birch E. mere things to the hoiiness of Thy soN], the Senator from New York [Mr. Bayh. beauty so that the common tasks and KENNEDY], the Senator from Washing­ Jowa.-Bourke B. Hickenlooper and the trivial round may be edged with ton [Mr. MAGNUSON], the Senator from Jack Miller. crimson and gold. Minnesota [Mr. McCARTHY], the Senator . .-Frank Carlson and James B. Enrich us with those durable satisfac­ from South Dakota [Mr. McGoVERN], Pearson. tions of life so that the multiplying years the Senator from Rhode Island [Mr. Kentucky.-John Sherman Cooper and may not find us bankrupt in those things PASTORE], the Senator from Connecticut Thruston B. Morton. that matter most-the golden currency [Mr. RIBICOFF], the Senator from Florida Louisiana.-Allen J. Ellender and Rus­ of faith, and hope, and love. [Mr. SMATHERS], the Senator from Mis­ sell B. Long. We ask it in the name of the One sissippi [Mr. STENNIS], and the Senator M aine.-Margaret Chase Smith and whose life is the light of men. Amen. from Ge<>rgia [Mr. TALMADGE] are neces­ Edmund S. Muskie. sarily absent. Maryland.-Danie1 B. Brewster and CALL OF THE. ROLL I further announce that the Senator Joseph D. Tydings. from Alaska [Mr. BARTLETT] and the Massachusetts.-Edward M. Kennedy · Mr. MANSFIELD. Mr. President, I sug­ Senator from Hawaii [Mr. INOUYE] are and Edward W. Brooke. gest the absence of a quorum. absent because of illness. . Michigan.-Philip A. Hart and Robert The VICE PRESIDENT. The clerk will Mr. KUCHEL. I announce that the P. Griffin. call the roll. Senator from Massachusetts [Mr. Minnesota.-Eugene J. McCarthy and The legislative clerk called the roll, and BROOKE] and the Senator from Walter F. Mondale. the following Senators answered to their [Mr. MILLER] are absent on omcial Mississippi.-James 0. Eastland and names: (No.1 Leg.) business. John Stennis. Aiken Gruening Monroney The Senator from New Hampshire Missouri.--Stuart Symington and Ed­ Allott Hansen Morse [Mr. CoTTON], the Senator from Colo­ ward V. Long. Baker Harris Morton rado [Mr. DOMINICK], the Senator from Montana.-Mike Mansfield and Lee Bennett Hart Mundt Hawaii [Mr. FoNG], the Senator from Boggs Hartke Muskie Metcalf. Brewster Hatfield Nelson New York· [Mr. JAVITS], the Senator from .-Roman L. Hruska and Carl Byrd, W.Va.. Hayden Pell [Mr. MURPHY], and the Sen­ T. Curtis. Cannon Hickenlooper Percy ator from Delaware [Mr. WILLIAMS] are Carlson Holland Prouty Nevada.-Alan Bible and Howard W. Case Hollings Proxmire necessarily absent. Cannon. Church Hruska Randolph The Senator from Kansas [Mr. PEAR­ New Hampshire.-Norris Cotton and Cooper Jordan, N.C. Russell soN] and the Senator from Texas [Mr. Curtis J orda.n, Idaho Scott Thomas J. Mcintyre. Dirksen Kuchel Smith TowER] are detained on official business. New Jersey.-Clifford P. Case and Har­ Dodd Long, Mo. Sparkman The VICE PRESIDENT. A quorum is rison A. Williams, Jr. Ellender Long, La.. Spong present. Fannin M,ansfield Symington New Mexico.-Clinton P. Anderson and Fulbright McClellan Thurmond Joseph M. Montoya. Griftln McGee Young, N.Dak. New York.-Jacob K. Javits and Rob­ Mr. BYRD of West Virginia. I an­ LIST OF SENATORS BY STATES ert F. Kennedy. nounce that the Senator from New Mex­ Alabama.-Lister Hill and John J. North Carolina.--Sam J. Ervin, Jr., ico [Mr. ANDERSON], the Senator from Sparkman. and B. Everett Jordan. CXIV--1-Part 1 3 4 CONGRESSIONAL RECORD- SENATE January 15, 1968 North Dakota.-Milton R. Young and The VICE PRESIDENT. The Senator from Oregon and others to discuss briefty Quentin N. Burdick. from Oregon will state it. a petition which we think should be filed Ohio.-Frank J. Lausche and Stephen Mr. MORSE. I have two or three par­ with the Senate today, which involves, M. Young. liamentary inquiries. First, is there any­ of course, at a time of war, a precious Oklahoma.-A. S. Mike Monroney and thing in the Senate rulebook that pro­ constitutional right that should be pre­ Fred R. Harris. hibits a Senator from making a speech served without the Senate's adjourning Oregon.-Wayne Morse and Mark 0. on the opening day of a session if, in and postponing the consideration of such Hatfield. his judgment, it is his duty to do so, and petition to a later date. Pennsylvania.-Joseph S. Clark and the issue he considers of such importance Mr. MANSFIELD. Mr. President, in ac­ Hugh Scott. that the attention of the Senate and of cordance with long-established custom, Rhode Island.-John 0. Pastore and th,e Nation should be called to it? principle, and practice, it is my intention, Claiborne Pell. The VICE PRESIDENT. The Chair as majority leader, not as a Senator from South Carolina.-strom Thurmond knows of no such rule that would deny the State of Montana, to move shortly and Ernest F. Hollings. a Senator that opportunity. that the Senate stand in adjournment South Dakota.-Karl E. Mundt and Mr. MORSE. Mr. President, is there until 8 o'clock on Wednesday evening George S. McGovern. any rule in the Senate rulebook that re­ riext. Tennessee.-Albert Gore and Howard quires the Senate, on the opening day of I have had some conversations with H. Baker, Jr. a session, to adjourn without considera­ various Senators relative to their desire Texas.-Ralph W. Yarborough and tion of speeches, resolutions, or petitions to have a petition read to the Senate John G. Tower. that a Senator may deem it his- duty, as today. Utah.-Wallace F. Bennett and Frank a Senator representing his State, to pre­ I appreciate the courtesy which they E. Moss. sent on the floor of the Senate on the showed in telling me of what they in­ Vermont.-George D. Aiken and Win­ opening day of a session? tended to do. ston L. Prouty. The VICE PRESIDENT. The Chair I explained to them, or at least I tried Virginia.-Harry F. Byrd, Jr., and Wil­ believes that there is no such formal to, that I had been asked by many other liam B. Spong, Jr. rule, but there is long-established his­ Senators whether there was to be any Washington.-Warren G. -Magnuson -torical precedent. business today, and I had told them all and Henry M. Jackson. Mr. MORSE. A further parliamentary that under custom and procedures, there West Virginia.-Jennings Randolph inquiry. would be no business, there would be no and Robert C. Byrd. The VICE PRESIDENT. The Senator morning hours, and there would be no Wisconsin.-William Proxmire and from Oregon will state it. introduction of bills because that was the . Mr. MORSE. Is it the opinion of the custom, based on practice and precedent. Wyoming.-Gale W. McGee and Clif­ Vice President that there are no excep­ It was a custom which gave to the Presi­ ford P. Hansen. tions to that precedent in the history dent of the United States a courtesy, and of the Senate on the opening day of a it was a custom which was predicated on NOTIFICATION TO THE PRESIDENT session of the Senate? the idea that no business of any sort The VICE PRESIDENT. The Chair should be transacted until after the de­ Mr. MANSFIELD submitted the fol­ could not inform the Senator at this livery of the President's state of the lowing resolution (S. Res. 203), which moment because he has not had an op­ Union message. was read, considered by unanimous con­ portunity to examine the record; but It is my understanding that only on sent, and agreed to: tradition and precedent are well .estab­ one occasion was this practice abrogated Resolved, That a committee consisting of lished. and that was when Congress received no­ two Senators be appointed by the Vice Presi­ Mr. MORSE. I wish to advise the Vice tice that the President of the United dent to join such committee as may be ap­ States would not be in the position to de­ pointed by the House of Representatives to President, the Presiding Officer of the watt upon the President of the , if I am given the opportunity liver his state of the Union message and inform him that a quorum of each House to discuss it, that I have on the top of until 2 weeks after Congress convened. 1s assembled and that the Congress is ready my desk at this moment a whole series Now, Mr. President, what I am about to receive any communication he may be of precedents which show that business to do places me in a very unfortunate po­ pleased to make. was transacted on the opening days of sition-a position which I deplore; a The VICE PRESIDENT. The Chair ap­ many sessions of the Senate. position which I am not enamored of; points the majority leader, the Senator My final parliamentary inquiry, Mr. but I believe it is a position which I can­ from Montana [Mr. MANSFIELD], and the President: Is there any rule in the Sen­ not avoid, and therefore will not avoid. minority leader, the Senator from Dli­ ate rulebook that prohibits the Senate But before I make the motion, I wish to nois [Mr. DIRKSEN], as the members of on the first day of a session to receive assure the distinguished Senator from the committee on the part of the Senate. a petition of grievance under the first Alaska [Mr. GRUENING] that, as far as amendment of the Constitution, which the majority leader is concerned-and reads: the Senator from Montana--he would be NOTIFICATION TO THE HOUSE Congress shall make no law respecting an most happy to see to it that, as the first Mr. DIRKSEN submitted the follow­ establishment of religion, or prohibiting the order of business Thursday, after the ing resolution the have been requested; there is obviously MILLER] are absent on official business. Senate adjourned until Wednesday, Jan­ a sufficient second, the yeas and nays The Senator from New Hampshire uary 17, 1968, at 8 p.m.

HO,USE OF REPRESE,NTATIVE,S-Monday, January 15, 1968 This being the day fixed by Public Be strong and of good courage; be not country, may we be strengthened with Law 230, 90th Congress, enacted pur­ afraid, neither be thou dismayed; tor the might by Thy spirit that we may meet suant to the 20th amendment of the Lord your God is with you wherever you these demanding days with creative Constitution, for the meeting of the sec­ go. Joshua 1: 9. courage and become more than a match ond session of the 90th Congress, the 0 God, our Father, our help in ages for the mood of these troubled times. Members of the House of Representatives past and our hope for years to come, our Bless Thou our President, our Speaker, of the 90th Congress met in their Hall, help and our hope in this present hour­ our Representatives, those employed by and at 12 o'clock noon were called to in all reverence of mind and with true our Government, and all those in the order by the Speaker, the Honorable humility of spirit we lift our hearts unto Armed Forces of our country. Grant JoHN W. McCoRMAcK, a Representative Thee seeking strength and wisdom from that together we may enter this new year from the State of Massachusetts. Thy never-failing and ever-faithful with deeper faith, broader sympathy, The Chaplain, Rev. Edward G. Latch, presence. higher vision, and with greater love. D.D., L.H.D., offered the following In this hour, as we turn another page Keep ever before us the endless splen­ prayer: in the glorious history of our growing dor of a world cleared of poverty,