May 7, 1984 EXTENSIONS OF REMARKS 11191 EXTENSION OF REMARKS A SALUTE TO GLOVER WILKINS He is a member of the Tennessee dence collected by law enforcement officers River Valley Association Board of Di­ who reasonably and in good faith thought rectors, and has also served on the they were acting lawfully. It reflects a grow­ HON. BILL CHAPPELL, JR. Small Business Advisory Council for ing concern in the country that the exclu­ OF sionary rule's unjustified ill effects need to the State of Mississippi. be curbed. IN THE HOUSE OF REPRESENTATIVES In November 1962, he was named In California, for instance, a study con­ Monday, May 7, 1984 Administrator of the Tennessee-Tom­ ducted by the National Institute of Justice higbee Waterway Development Au­ found that between 1976 and 1979 more e Mr. CHAPPELL. Mr. Speaker, as thority, his present position. than 4,000 state felony cases were dropped many of my colleagues know, Glover Mr. Speaker, Glover Wilkins is a because of the exclusionary rule. The study Wilkins, Administrator of the Termes­ man we will be sorry to see leave the also showed that half of those not prosecut­ see-Tombigbee Waterway Authority, is helm of the Tennessee-Tombigbee Wa­ ed in 1976 and 1977 because of the exclu­ retiring. I would like to share with terway Development Authority. It sionary rule were re-arrested during the those who know him, and particularly next two years-on an average of three gives me great pleasure to extend to times apiece. those who do not, the accomplish­ him best wishes for a happy, healthy The Times editorial erroneously concludes ments achieved by this man over the retirement. It is time now for him to that the crime package will somehow last 37 years or so through his spirit enjoy all the things he helped make reward police ignorance. This is simply not, and dedication. I submit to the CoN­ possible. He has certainly dedicated a the case. The Senate made clear that the GRESSIONAL RECORD for reprint his bi­ lifetime toward preserving our water belief the search was lawful must be ography, which I found best describes resources. and we all thank him for his grounded in objective reasonableness. It the man I know. efforts and commitment.e must be based on articulable grounds suffi­ Glover Wilkins, Administrator of the cient to cause a reasonable and reasonably Termessee-Tombigbee Waterway Au­ trained police officer to conclude that his CUFFING THE CONSTITUTION actions were justified. thority, and the Huck Finn of the The Times' second criticism involves the Tombigbee, grew up around the insanity defense. While The Times em­ river-near his native Brooksville, MS. HON.HENRYJ.HYDE braced one part of the Administration's ef­ Unlike Huck Finn, however, Glover OF ILLINOIS forts to improve the insanity defense as "a Wilkins has much more vision and am­ IN THE HOUSE OF REPRESENTATIVES sensible reform long advocated,"; it chal­ bition for his river than Twain's leg­ Monday, May 7, 1984 lenged the companion effort to restrict the endary character had for his. defense to those defendants who are genu­ e Mr. HYDE. Mr. Speaker, one of the inely mentally ill. Glover Wilkins has been associated major omissions of this House, under The crime package would eliminate the with the Termessee-Tombigbee Water­ the strong political control of the unworkable portion of the current two-part way Authority since its inception, but Democratic Party. is its refusal to ad­ test for insanity. That test now permits the his dreams for the waterway dates vance legislation dealing with criminal acquittal of a mentally ill defendant if <1 > back to 1947 when he was manager of law reform. he did not realize that his conduct was the Columbus. Mississippi Chamber of wrong, or (2) if knowing it was wrong, he Curiously, the was unable to control it. The latter, "con­ Commerce. Up until 1958, when Wil­ supports this unfortunate failure to kins became Assistant Administrator trol" part of the test confronts courts and act in a recent editorial. The Attorney juries with the nearly impossible task of dis­ of the newly formed Term-Tom Au­ General, William French Smith, has tinguishing between persons who are unable thority, the chamber with Wilkins at answered the editorial in an interest­ to control their conduct and those who are the helm. kept alive the proposed Ten­ ing letter to the editor which appeared merely unwilling to do so. As the American nessee-Tombigbee Waterway. From on April 23. 1984, and which deserves Psychiatric Assn. noted recently, the "line the beginning of his association with the attention of my colleagues: between an irresistible impluse and an im­ pulse not resisted is probably no sharper Term-Tom, Glover Wilkins has been [From the Los Angeles Times, Apr. 23, 1984] active in maintaining liaison with the than that between twilight and dusk." Since U.S. Army Corps of Engineers. builder CUFFING THE CONSTITUTION there is no objective basis for making the In urging the House of Representatives to distinction, the test invites fabricated claims of the waterway. and elected Repre­ pass the Administration's anti-crime legisla­ and produces moral guesses masked as fac­ sentatives of the U.S. Congress. tion, President Reagan declared that "it is tual determinations. His friends and associates know that about time we take the handcuffs off law Finally, The Times editorial states that Glover Wilkins' dedication to the enforcement and put them on thugs and the bail reforms advocated by the Senate Term-Tom project is all consuming. murderers." This led the editors of The would require a defendant awaiting trial to His interest in water resources of this Times to suggest in its editorial

e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor.

31-Q59 0-87-37 (Pt. 8) 11192 EXTENSIONS OF REMARKS May 7, 1984 nors' Assn., the National Assn. of Attorneys GEORGE FRAMPTON'S ers' expense until his death. He may re­ General, and the American Bar Assn. PROPHECY enter public life, however morally crippled." The broad support for all three of these "The prospect of Mr. Nixon publishing his improvements in the criminal justice system memoirs (and thereby adding several mil­ reflects a growing concern by Americans HON. MEL LEVINE lion dollars to his net worth)," Frampton about the terrible toll of violent crime. The OF CALIFORNIA continued, "should remind us that, unlike good faith exception to the exclusionary IN THE HOUSE OF REPRESENTATIVES his aides who are convicted of crime, Mr. Nixon will have the 'last say' about his own rule passed the Senate by a 63-to-24 ~ote, Monday, May 7, 1984 and the improvements in the insanity de­ role in Watergate if he is not prosecuted. fense and bail laws were passed with the e Mr. LEVINE of California. Mr. This is why, in my view, it is important rest of the Administration's Comprehensive Speaker, I rise today to bring to the

ically attacked by the turbas divinas [divine dents in Masaya, Nicaragua, protested On Good Friday, a crowd of some 100,000 mobsl-Marxist goon squads who frequently against the Government's treatment Nicaraguans thronged the plaza in front of assault people, even in church buildings, of a young priest, Father Bismarck Managua's National Cathedral for three when there is any complaining about the Carballo. As spokesman for the hours to express, in the words of ABC's regime." Peter Collins, "their passionate solidarity ABC News officials stood by their story. church in Managua, Father Carballo with the Catholic Church and opposition to One reporter on the scene said the State came to the attention of the Sandinis­ the Sandinista regime." Some 8 1/4 million Department's "attempt to downplay the po­ tas. While having lunch with a female Americans watching the ABC-TV Evening litical significance of this event-the people friend, he was attacked. Both he and News last Friday witnessed the event and of Nicaragua rallying around their church his friend were forced to strip before heard the veteran network correspondent and their bishop in defiance of the Sandi­ being taken to jail. The Sandinista tel­ report it. nista regime-must be because they don't evision station was on the scene and But if Americans had to rely on all other know what's going on, or don't want to treated Nicaraguans to news coverage news sources singly or combined, they would know. never know it happened. "Anyone who saw what we saw and heard and pictures of the nude priest. And if Americans had to rely on the State what we heard would have grasped the fact In response to this show of slander. Department, they would be told it didn't that this was an outpouring of religious Catholic students staged protests in happen. fervor, but also that feeling was directed various cities around the country. None of the wire services carried the story against the regime, which has been fighting· Some protesters also seized a military or transmitted a single photograph to their the church. The leaders of the demonstra- May 7, 1984 EXTENSIONS OF REMARKS 11197 tion, Bishop Obando y Bravo and Father Union Department was William resolved scientific uncertainty and the ethi­ Bismarck Carballo, are symbols of resist­ Bywater, president of the Internation­ cal certainty that just claims must be paid. ance and frequent targets of the Sandinis­ al Union of Electrical Workers, who The bill before us correctly makes an irre­ tas," the network reporter said. focused among other things on the butable presumption that asbestosis is One of the frequent chants, ABC said, caused by breathing asbestos because the was, "'We are Christians, not Marxists.' problems of occupational disease other scarring of the lung and calcification ob­ That ought to tell you something.'' than asbestos-related diseases, and the served by the physician is typically found A high administration official confirmed ways in which such diseases could be among exposed workers. The chance is very this account and agreed that the State De­ properly identified for purposes of small that the same conditions can be found partment's view was "way off base.'' He re­ compensation. Mr. Bywater attached in the absence of asbestos exposure. called how American embassy staffers in an extension of testimony to his state­ The bill makes the same kind of presump­ Moscow "showed the same kind of blindness ment relating to presumptions for as­ tion for mesothelioma. Mesothelioma has in when they failed to read the unmistakable bestos related diseases as well as trig­ fact been associated with other fibers and, signs that Yuri Andropov had died. Dusko in animals, with some chemicals. But more Doder [of ] filed the ger mechanisms for other toxic sub­ stances and processes which he asked than 95 percent of the cases studied have story, and eight hours later our embassy been associated with asbestos exposure at there was still denying it," he recalled. to be included in the RECORD and work or among the families of asbestos Some highlights of the original ABC which was accepted by the subcommit­ workers and other bystanders. The irrebuta­ report: tee for that purpose. ble presumption is justified. "The crowd of 100,000 . . . led by Arch­ Inadvertently, that extension of tes­ In the case of asbestosis and mesotheli­ bishop Obando y Bravo, in an exquisite timony was not included in the pub­ rebuff to Sandinista leaders who had said oma, while most in the exposed population he was out of touch with the people ... lished hearing record. Accordingly, I do not develop the disease, a burden of risk shouted, 'Free Nicaragua!' and 'Christ For­ am including Mr. Bywater's additional of disease was added by the asbestos expo­ ever!' testimony in the CONGRESSIONAL sure for each and every worker in the popu­ "None of the Sandinista leaders was RECORD which will be accepted and lation. The size of the added burden varies, present. Most are declared atheists. In a de­ considered part of the hearing record for example, with duration, extent and fiant gesture, the march was organized by on H.R. 3175. onset of the exposure, plus other environ­ Father Bismark Carballo, the director of mental risk factors. Where the environmen­ EXTENSION OF THE TESTIMONY PRESENTED BY tal factors are the same, the added burden communications, a priest the regime tried to PRESIDENT WILLIAM BYWATER discredit last year . . . The church has of risk attributable to asbestos is the same begun to take on the role of the church in The existing state workers' compensation and distributed uniformly throughout the Poland. It is becoming the focus of opposi­ system has failed to fairly compensate, usu­ entire group of workers. tion to the Sandinista regime. ally to compensate at all, victims of occupa­ The principle of Added Burden of Risk "No police were present, because the San­ tional disease. It is important to know why must be applied con­ One reason the compensation system has sistently. There are no special rules of that can rally the people against the gov­ failed is because two fundamental concepts ernment. For their part, the church leaders nature that set mesothelioma, for example, essential to understanding disease have not apart from cancers found at other sites. said nothing against the regime, but empha­ been adequately reflected in law. sized the need for Catholic faith which Among asbestos insulation workers, re­ The first concept is that disease cannot be gardless of personal differences such as here, as in Poland, means 'No' to Marxism.'' explained in terms of simple, single causes Two days after the demonstration, the whether they smoked or not, the risk of and simple, single effects. The causes of dis­ lung cancer associated with the exposure bishops of Nicaragua issued an Easter pasto­ ease are many and complex. So are the asso­ ral letter sharply critical of the regime. The was more than five times the risk of lung ciated effects. Because most of us have this cancer found among workers not exposed to letter was bitterly attacked in the govern­ simplistic idea in mind when we use the ment-controlled newspaper Barricada for term "cause," there is a growing consensus asbestos. The added burden of risk is the failing to condemn "North American imperi­ among scientists that the term should no same for the entire exPosed population­ alism," and for urging the regime "to enter longer be used either in scientific or lay even though the entire population will not a dialogue with the murderers of our publications. They suggest the term "risk contract lung cancer-and, therefore, an ir­ people." factor" instead. rebuttable presumption is justified for those The bishops' letter was one of the strong­ The second concept has been called "pop­ that do contract lung cancer. est ever issued by the church against the ulation thinking.'' This is a way of under­ The same case can be made for asbestos­ Sandinista regime. It condemned press cen­ standing each of us by looking at popula­ exposed insulation workers who suffer from sorship, the detention of political prisioners, tions, that is groups to which we each cancer at other sites . This kind of thinking has ing asbestos and lung cancer-the outcome shortages and rationing.e shaped the information we have received may be less certain. A presumption must be from the scientist in modern times. Statisti­ made requiring a higher level of evidence, cal methods have become very important in i.e., a rebuttable presumption may be justi­ TESTIMONY OF WILLIAM gathering and analyzing the information as fied. The decision to apply a rebuttable BYWATER it comes to us, but few laws or proposed rather than an irrebuttable presumption is laws have been written with this reality in a matter of judgement. HON. GEORGE MILLER mind. There are no special rules of nature re­ OF CALIFORNIA Whether we are struggling with the prob­ served for the effects of asbestos. The prin­ IN THE HOUSE OF REPRESENTATIVES lems of causation or trying to understand ciple of the Added Burden of Risk applies to what occurs in a population, we have to deal other toxic substances and processes. Monday, May 7, 1984 with information as the scientist gives it to The labor movement has a moral commit­ e Mr. MILLER of California. Mr. us. We must not ask that it be twisted to fit ment to all workers afflicted with occupa­ obsolescent language in our laws. Instead, tional disease. We will not compromise this Speaker, in June 1983 the House Sub­ we must change the law to fit the current commitment. committee on Labor Standards con­ state of science. A systematic way must be required to ducted hearings on observation of human populations testimony from the AFL-CIO, Indus­ Used fairly and consistently, presumptions or (b) experimental systems. trial Union Department and Building defined and utilized within a compensation 2. A site-specific estimate of significant and Construction Trades Department. system will reduce reliance on the tort risk of death or disease in a specific popula­ Testifying on behalf of the Industrial system. They bridge the gap created by un- tion exposed to the agent, process or job. 11198 EXTENSIONS OF REMARKS May 7, 1984 3. A presumption that a worker must be they have always considered them­ graphic disaster, a disaster that we compensated when a significant, elevated selves exempt from the rules that bind may be able to avert through the im­ risk has been found in a population, mem­ bership of the worker in the exposed popu­ other states. Presenting themselves to plementation of effective and efficient lation has been established, and the disease the world as the fount of progress and population and family planning pro­ has appeared. revolution, they preside over a modern grams. 4. Coverage can be initiated on a case-by­ version of the early tyrannies of histo­ The article follows: case basis for reasons such as (a) incidence ry. A structure so rigid that it totally ONE PERSON Too MANY? is unknown, (b) the uncertainties in the precludes the normal processes of data for a population preclude a judgement questioning, discussion, and change.