1595! CONGRESSIONAL ·RECORD-SENATE November 11.

have·· me expelled from the Senate. But it rity risks in positions where they can ~ U:rJITED S'J."ATE_S DISTRICT JUDGE 1s very significant that the Gillette com­ endanger this Nation. Unfortunately, 1!Jo Josepll.Gharles McGarraghy, of the District mittee spent a year and a half .trying to put substantial volume-of such evidence exists. of Columbia, to be United States distr.ict .some substance into Benton's trumped-up But in this etfort I will, as before, .need judge for the District of ·columbia, vice charges. your cooperation. The shou~ that.America Walter M. Bastian, elevated. It is neither significant nor newsworthy is in no real danger from Communist intll. that the Communist Party has attempted tG tration will became louder before they grow ...... discredit the Senate Permanent Subcommit­ softer. It . will be said w~th increased fre­ tee on Investigations ever since I became its quency that more important than making chairman. It is significant, however, that America strong is getting the approval of SEN.AT£ · they have to a large extent succeeded in dis­ Europeans for our system of security enforce­ 'Crediting it. ment. If the American people should suc­ THURSDAy' NOVEMBER 11, 1954 It is not significant that the Communists cumb to these views I truly fear for civiliza­ claimed my committee's investigation of the tion. (Legislative day of Wednesday, Novem­ State Department's Information Service was I have, in conclusion, a word for my Sen­ . ber 10, 1954) a failure. But it is significant that large ate colleagues. Many of you have either numbers of Americans really believe that already declared yourselves or have agreed The Senate met at 12 o'clock merid­ nothing was accomplished-despite the fact to follow a party policy. It is probably too ian, on the expiration of the recess. that as a result of the committee's work the !late to turn back. It is not easy to ignore The Chaplain, Rev. Frederick Brown State Department in the person of Secretary the clamor of the mob. But as you vote Dulles reversed its policy of subsidizing Com­ " aye" on this resolution I urge you to weigh Harris, D. · D., offered the following munist books with the money of American carefully the question: Who has .really ·won. prayer: taxpayers. by this vote of censure? Perhaps the answer 0 Thou God of the living and of the It is not significant that the Communists will encourage you to wage purposeful, yes, living dead, on this day when the Nation claimed the committee's investigation at vengeful battles against communism in the Fort Monmouth was a failure. But it is very future. And perhaps the answer will con­ bows in reverence and gratitude at the significant that the majority of the press, strain some of you, at.not a too distant date, graves of its heroic defenders and salutes many of our national leaders, and so many to say with Representative O'Connor: "The in honor the veterans who marched in individual Americans have bought this lie­ pack got the smell of blOOd and tracked the armies of freedom, we would rededi­ in the teeth of the uncontrovertible fact that down the prey • • • in our hearts we knew cate all that. we have and are to the 33 security risks at Fort Monmouth were sus­ the plot was not idle gossip and we lunged unfinished task of making all men free. pended after the committee got on the job~ at the discloser to appease our consciences.'• We pray today for our Nation, girding It is not significant that the Communists should want members of the military who are Mr. KNOWLAND. Mr. President., I its strength, material and spiritual, as it acquaint ed with the Fort Monmouth situa­ am about. t.o move t.hat. t.he Senat.e .stand faces the principalities of darkness; and tion to be silenced. But it is frighteningly in recess unt.il12 o'clock noon tomorrow, we ,implore Thy benediction upon all significant that they have succeeded in this­ but before making such a motion, if I whom we ourselves have set in authority. that General Lawton to this day is still for­ may have t.he attention of the junior As the Republic hallows the past, save bidden by his superiors in the Pentagon to Senat.or from South Dakota, let me say us from unwittingly desecrating the tell the story of his own long and unsuccess­ that. I understand that because of the present. by fostering disorder, discord, ful attempts to get rid of securit'Y risks at Fort Monmouth, attempts that bore fruit unanimous-consent. agreement. he will and suspicion· in the ranks·· of those who only after the Investigations Subcommittee have the :floor when the Senat.e recon­ in this grim day, in the name of our arrived on the scene. venes tomorrow. I wish to have it. un­ America, front the most deadly and de­ It is surely not significant that the Com­ derstood t.hat. there may be the regular termined fo'es Of all 'we hold dear. De­ munists desire that the names of the Penta­ morning hour, under the 2-minute limi­ liver us from the-slipreme folly.of turn­ gon officials who were responsible for the tation. Following that, when the Senate ing from the common enemy which seeks promotion and honorable discharge of Major resumes general debate, the Senator to destroY: .us;' as with arrows of· ridicule Peress be kept secret. But it is most signifi­ slander we· wound or hurt 'comrades cant that as a matter of fact these names from South Dakota will resume where he or have never been disclosed. left off today. by our side, whose patriotism is unsul-' be' It is hardly significant t~t the Commu­ Mr. CASE. I intended to say-and I lied. In this day of destiny may we . nists should have wanted to divert an in­ thought I did-that I yielded the :floor carried up irito Thy great purposes and. vestigation of the friends of Major Peress to with the understanding that I might be find in Thee, above all our human con_. an investigation of those who have exposed recognized tomorrow when the Senate tentions, the goal of all our striving and Major Peress. But it absolutely beggars be­ resumes the consideration of Senate the end of all desire: Through Jesus lief that they have managed to do so. Resolution 301. Christ our Lord. Amen. In view of this pattern of Communist suc­ cess-in view of the Communists' uncanny The PRESIDING OFFICER. Without ability to strike back just when it would ap­ objection, it is so ordered. pear that their strength has dissipated-can. THE JOURNAL anyone doubt that the security of this coun­ On request of Mr. KNOWLAND, and by try is still in great danger? RECESS unanimous consent, the reading of the But while. I would never have you under­ Mr. KNOWLAND. I move that the Journal of the proceedings of .Wednes­ ~stimate the CGmmunist threat, neither would I have you believe that this thing is Senate stand in recess until 12 o'clock day, November 10, 1954, was dispensed unbeatable. I haven't the slightest doubt noon tomorrow. with. · · · · · that one day, and perhaps soon, the Ameri­ The motion was agreed to; and (at 5 can people will rise up in righteous fury and, o'clock and 23 minut.es p. m.) the Sen­ once and for all, extinguish the Communist ate took a recess until tomorrow, ~burs­ ORDER FOR TRANSACTION OF menace. As for me, I will be around for day, November 11, 1954, at 12 o'cloclt ROUTINE BUSINESS some time and I will continue to serve the meridian. cause to which I have dedicated my life. Mr. KNOWLAND. Mr. President, I The Communists have now managed tG ask unanimous consent that immediately have me investigated five times. If they fail NOMINATIONS following the quorum call there may be to silence me this time--and make no mis­ Executive nominations received by the the customary morning hour for the take about it, they will fail-I will be in­ Senate November 10, 1954: transaction of routine business, under vestigated a sixth time· and a seventh. But, the usual 2-minute limitation on in a sense, a new investigation of me is good UN;tTED NATIONS EDUCATIONAL, SCIENTIFIC, AND speeches. · news. It means that the Communists have . CULTURAL ~RGANIZATION been hurt again. The following-named persons to be repre­ The PRESIDENT pro tempore. With­ Since the Democrat Party will, next sentatives of the United States of America io. out objection, it is so ordered.c January, organize the Senate, I will no the eighth session of the General Confer­ longer be in a position to direct a formal . ence of the United Nations Educational, Sci­ committee investigation of communism. entific, and Cultural Organization: CALL OF THE ROLL Therefore, I shall proceed as I proceeded be­ Albert F. Nufer, of New York. fore when the Democrats controlled the Sen.­ Samuel M. Brownell, of Connecticut.· , Mr. KNOWLAND. · Mr. President, I ate. I shall take to the. people what evi­ Mrs. Elizabeth E. Heffelfinger, of Minnesota. suggest. the absence of a quorum. dence I have· of ~ommlinists and other secu Athelstan F. Spilhaus, of Minnesota. The PRESIDENT pro tempore. The 7 Secretary will call the roll. · 1954 CONGRESSIONAL RECORD- SENATE '15955 The Chief Clerk called the roll, and Whereas the need for such a committee tradition that fashioned a civilization from a the following Senators answered to their was evidenced by the effective work carried wilderness-part of that intrepid band who names: on by that committee; and :fought through adversity and insurmount­ Whereas Senator EDwARD J. THYE, chair­ able obstacles to greatness and success. Abel Flanders Martin Aiken Frear McCarthy man of that committee, recognizing the need From the McCarran sheep ranch, young Anderson Fulbright McClellan for its continuance on a permanent basis in Pat would undertake the daily 10-mile trek Barrett Gillette Monroney order to keep abreast of the current prob­ to school, and less often the 15-mile journey Beall Goldwater Morse lems affecting American small business en­ to Reno to obtain supplies and go to church. Bennett Gore Mundt terprises in order that the Congress could be His home was a gathering spot for sheepmen Bricker Green Murray advised concerning appropriate legislation of the area-men with whom he worked and Bridges Hayden Neely of a remedial nature; and grew into robust young manhood. Brown Hendrickson Pastore Burke Hennings Payne Whereas Senator THYE introduced into the In high school and at the University of Bush Hickenlooper Potter 83d Congress a resolution which would re­ Nevada, he was noted for his athletic prowess, Butler Hill Purtell quire the present committee to be given the his skill as a debater, and his considerable Capehart Holland ' Russell status of a regular standing committee of intellectual ability. He later continued with Carlson Hruska Saltonstall the Senate; and his sheep farming and began studying ~aw Chavez Humphrey Schoeppel Whereas the resolution had the unanimous under the guidance of established lawyers in Clements Jackson Smith, Maine the area. Cooper Johnson, Colo. Smith, N.J. support of all 13 members of the committee Cotton Johnson, Tex. Sparkman and two additional Senators with 50 Sena­ Politics first found ~;'at in 1902 when he was Crippa Kilgore Stennis tors having indicated their approval and in· elected to the Neva_da Legislatvre where he Dirksen Knowland Symington tent to support it; and took a leading part in the enactment of the Douglas · Kuchel Thye first 8-hour law for mine, mm, and smelter Duff Langer Watkins Whereas the resolution was not reported workers of his State. Defeated for State Dworshak Lehman , Welker out by the Committee on Rules· during the senator in 1904, Pat entered into private law Eastland Lennon W~ley 83d Congress and, therefore, has no status practice in a booming mining camp. His first Ellender Magnuson Williams in the new Congress; and Ervin Malone Young case was received from a district judge who Ferguson Mansfield Whereas the present administration appointed him to defend the penniless killer pledged in its party platform to "maintain of the county sheriff. The jury rendered a Mr. SALTONSTALL. I announce that special committees in the Congress whose verdict of not guilty, and Pat McCarran the Senator from South Dakota [Mr. chief purpose will be to study and review was launched on a brilliant career as a crimi­ CASE], the Senator from Oregon [Mr. continuously the problems of small business nal lawyer which carried him to the posi­ CoRDON], the Senator from New York and recommend legislation for their relief:" tions of district attorney, chief justice of the [Mr. IvEsJ, the Senator from Indiana Therefore be it supreme court of Nevada and finally in 1933 [Mr. JENNER], and the Senator from Resolved in convention assembled in to the Senate of the United States. Colorado [Mr. MILLIKIN] are necessarily Houston, Tex., this 14th day of October 1954, His career in the United States Senate has absent. That the National Association of Retail been marked by more solid history-making Mr. CLEMENTS. I announce that Druggists endorse the reintroduction into achievements of lasting importance than al­ the Senators from Virginia [Mr. BYRD the 84th Congress of a resolution to give the most any other Senator who has ever won and Mr. RoBERTSON], the Senators from. Committee on Small Business the status of membership in this body. South Carolina [Mr. DANIEL and Mr. a regular standing committ~e of the Senate; But in reviewing the record of Senator Mc­ JoHNSTON], the Senator from Texas [Mr. be it further . Carran's life, the thing that impressed me DANIEL], tbe S.eriator , from Tennessee Resolved, That the NARD urge its mem­ most was his dedication to the traditions and [Mr. KEFAUVER], and the Senator from bers to express to their Senators the vital principles on which this Nation was founded Lo:1isiana [Mr. LoNG] are absent on offi- need for such a standing committee and and through which it has become the great­ request their support for a resolution to est bastion of liberty and strength and free­ Cial business. · · establish it. The SenatOr from Georgia [Mr. dom on the face of the earth. His vision was GEoRGE] and· the Senator from Okla­ prophetical, his determination unflagging, his thirst for the w~lfare of his country un­ homa [Mr. KERR] are necessarily ab­ PATRICK A. McCARRAN, OF NEVADA quenchable. sent. Mr. BUTLER. Mr. President, I was No member of the Democratic Party ever The Senator from Massachusetts [Mr. followed with more integrity or believed with KENNEDY] is absent by leave of the Sen­ unavoidably absent on Tuesday when the Senate held memorial services for greater sincerity the principles of Thomas ate because of illness. Jefferson, the founder of that party. Jeffer­ The Senator from Florida [Mr. deceased Senators. In connection with son would have applauded Pat McCarran's SMATHERS] is absent by leave of the Sen­ our deceased friend, the late Pat McCar­ address before the American Bar Association ate on official business. ran, I have. prepared some remarks in 1948 when he said: The PRESIDENT pro tempore. A which are truly from the heart. I ask· "The very fact that in recent years it has quorum is present. unanimous consent to have my remarks become established that almost every serious Routine business is now in order. printed in the body of the RECORD. activity of the people of this land may be There being no objection, the remarks the subject of Federal regulation, and that in the same time much has been brought PERMANENTCOMMITTEEONSMALL prepared by Mr. BUTLER were ordered to into Federal control that previously had not; BUSINESS-RESOLUTION OF NA­ be printed in the REcORD, as follows: been, requires two things: First, there is need TIONAL ASSOCIATION OF RETAIL REMARKS PREPARED BY SENATOR BUTLER IN for us to look back over legislation of this DRUGGISTS, HOUSTON, TEX. TRIBUTE TO THE LATE SENATOR MCCARRAN generation and make due provision that it It is with a deep sense of my own in­ shall not supersede State regulation where Mr. THYE. ·Mr. President, I present adequacy and the shortcomings of mere the latter does the job. Second, when new a resolution adopted by the National As­ words that I pay tribute today to one of the or expanded authority is proposed for any sociation of Retail Druggists at their greatest men in the history of this Nation, Federal agency, Members of Congress should convention held in Houston, Tex., in the I~te Senator Pat McCarran. ask thelllE!elves: 'If this is done, will and October of this year, favoring the estab­ This estimate of that white-maned titan should all State and local jurisdiction to the lishment of a permanent Senate Com­ was not born of a mere desire to praise a same effect automatically cease to be valid?' mittee on Small Business. I ask unani­ former colleague, but of sincere conviction Thus, moreover, have we blindly ignored mous consent that the resolution be based on my brief association with him in Thomas Jefferson's admonition that State printed in the RECORD at this point. the United States Senate and a study of his governments are the most competent admin­ There being no objection, the resolu­ life, his records, and his pronouncements istration for our domestic concerns, and the tion was ordered to be printed in the both before and after his election to the surest bulwarks against antidemocratic ten­ RECORD, as follows: United States Senate, where he served with dencies." distinction for 21 years. And Jefferson's heart would have been RESOLUTION ADOPTED BY NATIONAL ASSOCIA• Born of poor Irish immigrant parents in warmed by Pat McCarran's statement before TION OF RETAIL DRUGGISTS HELD IN HOUSTON, TEx., IN OCTOBER 1954 Reno, Nev., the story of Pat's rise to fame is in a Senate committee in 1945: the heroic cast of his beloved country's rise "Enterprise which is truly free-and I . SMALL BUSINESS COMMITTEE IN CONGRESS from the humblest beginning to a position mean enterprise which is free alike from Gov-, Whereas there was appointed in the 83d of preeminence. He was part of that pioneer ernment control and direction, from artifi.­ Congress·a Senate Select Committee on Small stock which has made America the great Na­ cial economic obstacles, and from the ham-. Business; and tion it is-part of that rugged individualist pering influence of monopoly-is our best 15956 CONGRESSIONAL RECORD- SENATE November 11- bet to solve the problems which lle ahead The following month, ·in February 1949, he 1f any State has been so well represented of us." warned: in the Senate as was Nevada during SenatOr Again speaking to the American Bar Asso- "Make no mistake, 1f the Communists are McCarran's tenure here. . ciation in 1946, he said: · not stopped in China, the next step will be The Senate -will not be the same without "Where law ends, arbitrary power begins. Korea and do not forget that in Korea we him, .Mr. President. Nevada has lost an, If the laws may be bent to the preferences t>till maintain occupation troops and 1f outstanding servant; the Nation ha{l lost an of any oftlcial agent or tribunalJ they cease trouble becomes serious in that country our able statesman. We shall not soon see his to be laws, and become merely advisory boys must fight or get out and admit to the likes again. declarations of the legislature. But th~ world that we are losing our battle for the Nation was founded upon the prem\se, enun­ 'SUrvival of freedom." HUGH BUTLER,------OF NEBRASKA ciated in the Declaration of Independence, One final quotation of the thousands that that all arbitrary executive power is to be now belong to the ages is from a letter to a Mr. WILEY. Mr. President, as I said avoided." constituent in 1941: a moment ago, I regret very much that Before another Senate committee in 1944: "I took an oath,' when I became a Member I was unable to participate in the me­ he stated: <>f the Senate of the United States, to uphold morial services held the other ·day in "It is my conviction that the function of and defend the Constitution of the United the Senate. Because for a decade I was States against all enemies, either foreign or democratic government is not to .Plan fo~ closely associated with Senator Hugh business but to plan with business; that it domestic. I did not take an oath to uphold <>r defend any man or group of men. My obli­ Butler, of Nebraska, and felt very close is not the function of democratic govern­ to him in many ways, I ask unanimous ment to supplant business in any of its vital .gation, imposed by the oath, was that I would functions, but to assist business in main­ uphold and defend the organic law of this consent to have printed in the RECORD a. taining its full initiative and the fullest country. That obligation I will carry out. brief statement I have prepared in confidence both in itself and the Govern­ "The matter of my being reelected is so tribute to his memory. xnent." trivial and inconsequential in the great There being no objection, the state­ In a commencement address at George­ emergency that prevails here, that it is as ment was ordered to be printed in the ;nothing compared to the country's welfare. town University in 1943, he warned.: My name may be on, or may pass off, the Toll RECORD, as follows: "Fully centralized control of all govern­ of the Senate, but the Constitution of the REMARKS PREPARED BY SENATOR WILEY IN mental functions, in a bureaucracy founded. United States and the welfare of my country TRIBUTE TO THE LATE SENATOR BUTLER, OF upon administrative law, is the very antith­ ·must go on forever." · NEBRASKA esis of that democracy in which all our And now that great warrior has fallen be­ I rise to express my deep and profound rights are rooted; the democracy from which fore the dust that conquers all. Who now spring all our bopes, not only for a better sorrow at the death of our beloved ·colleague, dares wear that battered armor? Who now Senator Hugh Butler. future, but even for a maintenance of the will grasp his valiant sword? It was my privilege to know him well. We unnumbered freedoms which we as a nation . That brllliance, that wisdom, that courage. -served together for more than a decade and have enjoyed since the foundation of our .that power, is now forever gone. We .have I became well acquainted with his great Republic." lost a champion to God, to history, and to the ability and his equally great integrity. This country has never had, and doubtless memories of the people he served so nobly I have said before that I do not view death will never see again, a greater or more con­ and so well. as an end. It is only a moment in the Mak­ stant foe of atheistic communism. In Sep­ er's eternal and continuing scheme of things, tember 1941 Pat McCarran raised his voice Mr. WILEY. Mr. President, I, too, Hugh Butler leaves on one side an indelible, against giving aid to Red Russia: was caught unawares the other day, and if unseen, inftuence with the people of Ne~ "There are those of us who, until God takes was unable to participate at that time in braska and of the · Nation. On the other, us out of this realm, will go down the line the memorial services held by the Senate he now passes into a future which we cannot .for the Constitution of the United for deceased Senators. Inasmuch as for fathom but which must contain a welcome States • • • But if we espouse the prin­ place for this great man. ciples of the Constitution of the United almost 16 years I was associated on the Judiciary Committee with the late Sen­ . It is times like these. that serve to focus States, we will not lend support to those who our attention on the divine guidance under would destroy this Government and who are ator Pat McCarran, of Nevada, to whom which we all live, whether we know it or not. now here attempting to 'destroy it. I felt very close in many ways, I ask While all of us, great or small, leave an im­ "I despise Hitler and all he stands for, and unanimous consent to have printed in print on history, those who are constantly equally I despise Stalin and all be stands for. the RECORD a brief statement ~ have .aware of the moral and spiritual element in I want those two dogs to come together and prepared. life make .the greater contribution to their destroy each other. It would be well for There being no objection, the state­ fellow men. . democracy. But I would not lend a wor4 ment was ordered to be printed in the Hugh Butler ·was one of these. We shall to either one of them, because neither of ~iss him. them is a friend of this country. if Stalin REcoRD, as follows: succeeds, then God help democracy and God REMARKS PREPARED BY SENATOR WILEY IN help Christianity." The words of Pat Mc­ TRIBUTE TO THE LATE SENATOR MCCARRAN HOMAGE TO THE MARINES Carran, September 1941. I was deeply shocked by the unexpected Mr. MANSFIELD . . Mr. President, on And in January 1949, when he introduced and untimely neath of the late distinguished yest~rday the Marine Corps celebrated a bill to give aid to the forces of Chiang Kai­ senior Senator from Nevada, the Honorable its 179th anniversary. On yesterday, shek who were still battling the Chinese Pat McCarran. also, the Iwo Jima monument was dedi­ Communists he prophesied: When I first came to the Senate in 1939, cated in honor of the Marines who gave "With regard to China, the United States I wa5 assigned to the Judiciary Committee. their lives not only on that battlefield faces a decision which may determine its po­ Senator McCarran at that time was already sition in the world of the future. We cannot a member of the committee. For a little but on all the battlefields in all the wars defer this decision .for to accept delay is t<> more than 15 years, he and I served together in which we have been engaged. At that decide against action. It is time to stop on that great committee. For a tim~, we time, 5,000 dead Marines passed· in re­ drifting on a sea of rhetoric and good inten­ alternated as chairman and as ranking mi­ view, because that was the number who tions and examine the facts. nority member. In this relationship, I came gave their lives at Iwo Jima. "We must decide anew whether our system to know Pat McCarran well. He was my Mr. President, I hope Congress will al­ of free Institutions, free enterprise, and the friend, and I !eel a real sense of personal loss. ways remember that the Marine Corps is dignity of the individual human being, is go­ Pat McCarran was truly one of the giants necessary to our welfare and survival. I ing to accept the challenge of communism in of the Senate. There have been few men also hope Congress will likewise remem­ its announced determination to destroy al~ who even approached. him in influence in that we an.d our forebears have builded. If this body of influential men. When he spoke, ber that under the law, the Marine Corps we reaffirm our decision to accept that chal­ he commanded the respectful attention of is entitled to three combat-size divisions lenge, we cannot stand still; we either go for­ Senators on both sides of the aisle. His and three air wings. If anything is done ward or we retreat. We must f-ace the issues \Views carried very gr.eat weight-and they to disrupt this particular type of organ.. squarely. • • • We cannot afford to debate were decided views, Mr. President, views ization, I hope Congress and the .Amert.. . and delay this decision. Whlle we bemoan which he strongly held and ably advocated. c;:an people will rise up in their wrath· He was a man of character, a man of integ­ the failures and shortcomings of our former . rity, a man of conviction and, above all, a: and will see to it that the stability and ally across the Pacific, our enemies are taking m•an with the courage of his convictions. security of the Marines is maintained. over China and laughing at our efforts to It was once said of Pat McCarran that he Mr. President. I ask unanimous con.. straddle the fence. The time is here for us· took seriously the theory that Senators are sent to have printed at this point in the to take our position against communism in amba~sadors of sovereign states. This per-' RECORD an article entitled "Homage to, Asia, as we have in 'Europe." haps overstated it somewhat, but I doubt the Marines," written by .Hanson W.: 1954 "CONGRESSIONAL RECORD-SENATE 15957 Baldwin, and published in the New York Brown and Smith of the First Division, who printed in the Appendix of the daily Times of today. led his men hobbling on frozen feet out of RECORD. ,:the icy trap of the ChangJin Reservoir and The PRESIDENT pro tempore. With­ There being no objection, the article coined the battle cry: was ordered to be printed in the RECORD, · "Retreat, hell! We're attacking in another out objection-- as follows: direction." Mr. McCARTHY. Mr. Pr.esident, re­ serving the right to object, do I correctly HOMAGE TO THE MARINES-BRONZE MEMORIAL These were the men, the memories, and. PAYS TRIBUTE TO CORPS' COMMON VIRTUE, traditions that were honored yesterday on understand that the Senator from New ~the Marine Corps birthday. The old breed. York is placing in the RECORD a eulogy of "UNCOMMON VALOR" were tough and cocky men, spoiling for a (By Hanson W. Baldwin) John Paton Davies, who was discharged tight or frolic, loyal to death, proud of their because he followed the Communist The new breed stood in serried ranks yes· corps, and slightly condescending to all terday in homage to the old. 'other things human: party line? In Washington, near the green graves and Mr. LEHMAN. I will say to the junior white crosses of Arlington National Ceme­ "If the Army and the Navy Senator from Wisconsin that I am plac.:. tery, the young shoulders of generations new Ever look on heaven's scenes; ing in the Appendix of the daily RECORD a to war were squared in salute as a giant They will find the streets are guarded By United States marines." broadcast made by a very distinguished bronze statue, the new Marine War Me­ commentator, Mr. Eric Sevareid, being morial, was dedicated to the proposition that Their greatest accomplishment has been. to an appreciation, based upon personal has alwa.ys characterized the 179 years of transmit "their temper and character and the corps, that. uncommon valor was a com· viewpoint" and tradition to successive gen· knowledge, observation, and association, mon virtue. erations. This is the most diftlcult of all of John Paton Davies, pointing out his Embossed in gold in the Swedish black military training missions--to make the high character, his strength, and his re­ granite near the statue's base are the .names glories and durable "disciplines of the past sourcefulness. I am very glad indeed to and dates of every engagement in th~ Ma· part of the living principles of a changing have the opportunity of placing in the rine Corps' history-a long roll of uncom· present. RECORD this fine broadcast. mon valor, which includes the marine sharp· STRUGGLE HAS BEEN HARD Mr. McCARTHY. Mr. President, re­ shooters in the maintop of the Bonhomme The marines, like all the other armed serv­ Richard as well as the men who struggled serving the right to object, Mr. John Jces, have felt the pull of the times, the lure Paton Davies was one of the cases which in bullet-flecked, chest-deep water across the .of security, the age of conformity, and there terrible reef of Tarawa. is no doubt that the struggle to maintain I cited before the Tydings committee as The new breed, full blooded, young, still their standards has been hard, and .at times a man with such Communist leanings to win its accolade, stood at attention in and in places unsuccessful. The new breed - that he was a great danger to this Na­ homage to a ghostly assemblage. There were of today has still to prove itself in battle as tion. I pointed out to the Tydings -com­ veterans there--the old breed of World War peer of the old. mittee that he was responsible to some II and Korea, who had proved themselves Yet the very fact that the Marine Corps, extent for the loss of China. That man worthy to stand beside the glories and tra­ the fighting services, still celebrates its day ditions of the past. But for the most part was finally discharged, thousands of lives is indicative not only of the special place the too late, and years too late. I will object the old breed was an invisible company, g-one ·corps has in the hearts of the Nation but also but in memory. a hopeful augury that the new breed will to any eulogy of John Paton Davies being "A number of diverse people who ran "prove itself fully capable of shouldering its placed in the RECORD. curiously to type. (as Col. John W. Thorn· heritage. Mr. LEHMAN. Mr. President-­ ason once described them), with drilled The reduction of all to the lowest common . Mr. CHAVEZ . . Mr. President- .shoulders and a bone-deep sunburn, and a denominator, one of the bad byproducts of Mr. McCARTHY. I will object to any tolerant scorn of nearly everything on earth. .the times and of unification of the armed They were the Leathernecks, the old breed. eulogy about any pro-Communist being .services, has been resisted, and rightly so, by placed in the RECORD. of American regular, regarding the service the marines in particular. The corps has no as home and was an occupation and they .reason lor existence unless it can retain its Mr. CHAVEZ. Mr. President, that is transmitted their temper and character and past elite and specialized ability. not so. I know John Paton Davies, and viewpoint to the high-hearted volunteer This does not mean that it can or should I know his family. They are just as mass." 'attempt to be an independent "second patriotic-which is not saying much-as A ROLL IS CALLED Army." It is unfortunate, too, from the the Senator from Wisconsin . It was a dedication-that Washington .viewpoint of the corps as well as the Nation ceremony yesterday-to the dead, but to the that occasional friction has marred the rela­ Mr. President, I had not intended to dead who had transmitted to successive gen­ tionships between the O~ce of. the Marine participate in this debate. The trouble erati-ons of the old breed a living tradition­ Corps Commandant and the 01Ilce of the with the junior Senator from Wisconsin "'their temper and character and viewpoint," Chief of Naval Operations, and it is doubly is that he thinks he is the only one who the tradition of semper fidelis and first to unfortunate that some marines have seen the is honest; he is the only one who is pa~ fight. r· whatever his Senate, .given the Senate or the coun- Mr. LEHMAN. Has it·taken any ac- name is-was a Communist? try any information .about Communists, tion under this· administration? · Mr.· CHAVEZ. · That is what. we ·were · or ~has he ·always risen on tlie' floor to Mr. WELKER. , Mr: President-- discussing, and that is what irritat~d defend them? The PRESIDENT pro temPore. !!'he ' the Senator from Idaho. - . . ' Mr.. CHAVEZ. The junior Senator Chair recognizes the Senator from Idaho. ·· Mr.· WELKER . .·- I think perhaps ·the from Wisconsin takes it. upon himself to Mr. WELKER. - Mr. President, I hope 'Senatol' "!rom New Mexl.co is. in error as l decide who is a Communist and who is we can keep our tempers and emotions to who·made that remark. · ·not a Communist. -Every Democrat is within d~e bounds; · I ·am sorry that the • Mr. CHAVEZ. ··I hope .so. supposed to be a Communist, including distinguished-senior :Senator from ·New Mr: WELKER: I was not· in the Sen.;. the Senator from Georgia [Mr. GEORGE], Mexico was not in the Chamber yester- ate at the time. I was in Idaho practic­ the Senator from Florida [Mr. HoLLAND], day when I made the statement that I ing law when that investigation was un­ my good friend, the Senator from Louisi- greatly regretted the vote I once cast, der way. ana [Mr. ELLENDER], the Senator from based upon a report submitted to the Arkansas [Mr. McCLELLAN], and my Senate by good friends of mine, when· I friend from Texas [Mr. JoHNSONJ. voted not to seat the distinguished Sen- NOMINATION OF GEORGE C. The junior Senator from Wisconsin ator from New Mexico in the Senate. McCONNAUGHEY .tries to get away with it by bringing in However, I shall not allow to go un­ Mr. BRICKER. Mr. President, I ask Eisenhower. · There is no closer friend challenged the statement made ·by my unanimous consent to report favorably of the President of the United States, in good friend from New Mexico. I do not from the Committee on Interstate and my opinion, than the good Senator from care where he read it, whether it was in Foreign Commerce the nomination of Kansas [Mr. CARLSON]. What appeared the Washington Post and Times Herald Mr. George C. McConnaughey, of Ohio, 1954 CONGRESSIONAL. RECORD-- SENATE 15959 .to be a member of the Federal Commu­ the chair that if the Senator from South although afterward, or later in the de­ nications Commission for the unexpired Dakota is not here to claim his right to bate, I will respond to questions as term Qf 7 years from Jwy 1, 1950, tG .the floor, he waives his right. - - :readily as courtesy, time, and my knowl­ which office he was appointed during the · Mr. KNOWLAND. Mr. President, I edge permit. Although a desire to pro­ last recess of the Senate. ·suggest the absence of a quorum. ceed in direct sequence from -one point The nomination comes kom the Com­ The PRESIDENT pro tem{>(!)re. The to another is a sufficient reason for de­ mittee on Interstate and Foreign Com­ Secretary will call the roll. ferring questioning, there is another rea­ merce, and it is reported favorably. The . The legislative clerk called the roll, son which will be apparent as I proceed. vote on it in committee was not divided, and the following Senators answered to That reason is a hope that the junior but the minority members of the com­ their names: Senator from Wisconsin tMr. McCARTHY] mittee refrained from voting, because, Aoel 'Flanders Martin will give calm and reflective -considera­ they said, the policy committee of the Aiken Frear McCarthy tion to some suggestions I shall .advance had Anderson Fulbright McClellan minority party in the Senate set the Barrett Gillette Monroney before he makes further statements or policy of opposing the confirmation at Beall Goldwater Morse even asks questions that might ·compli­ this time. All the other members of Bennett G'ore Mundt cate his position. the committee voted in favor of recom­ Bri(:ker Green. Murray Bridges Hayden Neely By way of summary of my informal mending favorable action on Mr. McCon­ Brown Hendrickson Pastore remarks yesterday, I will simply say that, naughey's nomination. Burke Hennings Payne by way of introduction, I recited the The PRESIDENT pro tempore. Is Busll .Hickenlooper Potter Butler Hill Purtell progress and chang-e of the original there objection to the reporting of the Capehart Holland Russell Flanders resolution :from one to st:rip the nomination? Carlson Hruska SaiJ.tonsta'l.l junior Senator from Wisconsin of cer­ Mr. JOHNSON of Texas. Mr. Presi­ Chavez Humphrey Scho.eppel tain committee positions to one of gen.. Clements . .Jackson Smith, Maine dent, a parliamentary inquiry. Cooper Johnson, Colo. Smith, N.J. eral censure; the. ofie:ring -of 46 amend­ The PRESIDENT pro tempore. The Ootton Johnson, Tex. Sparkman. ments by way of particulars; and the Senator from Texas will state it. C.rippa _Kilgore Stennis reference of the matter to a select com­ Mr. JOHNSON of Texas. May an ex­ . Dirksen Knowland Symington Douglas Kuchel Thye · mittee. ecuttve nomination be reported to the Duff Langer Watkins I then · sunimarized the steps of the Senate except in executive session? Dworshak Lehman Welker committee in handling the matter, and . The PRESIDENT pro tempore. Only Eastland ·Lennon Wiley Ellender Magnuson Williams had proceeded to· a discussion of the first by unanimous consent., ·. Ervin Malone Young .';·- of the two categories of charges on the I Mr. JOHNSON of TexaS. object. Ferguson . Mansfield subject of elassified information~ on Mr. BRICKER. Mr. President, I ask which the committee did not recommend unanimous consent that the nomination : The PRESIDING OFFICER '(Mr. HENDRICKSON in the chair). A quorum action. That was the alleged invitation be received as in executive session. illegally to submit classified information. Mr. JOHNSON of Texas. I object. is present. Under the unanimous-con­ sent agreement previously entered 'into, So, first, today I shall discuss the other The PRESIDENT pro tempore. Ob· one, alleged misuse of classified informa- · j ection is heard. the Senator' from South Dakota [Mr. CASE] was entitled to the floor this morn­ tion. ing. The Chair will have to rule that - Then I shall direct attention to the 33 RESOLUTION OF CENSURE since the Senator from South Dakota charges on which the committee did not is not present he will lose his right to take public testimony and the reasons The PRESIDENT pro tempore. The therefor. Chair lays before the Senate the unfin­ the floor. . ished business, which is Senate Resolu­ Mr~ KNOWLAND. Mr. President, I I devote this much time to the dis­ think, under · the prior ruling of the carded amendments because the re~tsons tion 301. Chair, that if the Senator to whom the for our not recommending affirmative The Senate resumed the considera­ be tion of the resolution to floor has been assigned by unanimous action may possibly of ,some help in censure the junior Senator from Wis­ consent is not ·present the order is the future if, regrettably, any similar consin. vacated. _ issues arise again. Furthermore. there The PRESIDENT pro tempore. The The PRESIDING OFFICER. That may be some Senators who would wish was the ruling of the Chair. · that a record be made at this time re­ question is on agreeing to the committee garding· the· amendments. My discus­ amendment on page 1, line 1. The question is on agreeing to section Mr. KNOWLAND. Mr. President, a 1 of the amendment to Senate Resolu- sion, however, will be brief. parliamentary inquiry. tion 301. . · Following that, I shall proceed to dis· The PRESIDENT pro tempore. The Mr. BUTLER. Mr. President, I sug­ cuss the_two counts on which the ~elect Senator from California will state it. _gest the absence of a quorum .. committee made affirmative recommen· . Mr. KNOWLAND. Last evening when The PRESIDING OFFICER. The dations, .and I shall conclude by offering the . Senate recessed, at about 5:30 clerk will call the roll. some observations and suggestions on o'clock, the Senator from South Dakota · The legislative clerk proceeded to call my own account. [Mr. CASE] had the floor. Under a t;he roll. Yesterday I set forth the reasons why unanimous consent agreement entered Mr. KNOWLAND. Mr. President, I I, the junior Senator from South-Dakota, into he was to have the floor-immediately ask unanimous consent that the order could not vote to recommend censure on after the conclusion of morning busi­ for the quorum call be rescinded. the charge that the junior Senator from ness today. The distinguished Senator The PRESIDING OFFICER. Is there Wisconsin had improperly solicited re­ from South Dakota apparently has been objection? The Chair hears none, and stricted information from Government delayed. I merely wish-to observe that, it is so ordered. employees. Simply to state them by way generally, as a matter of practice the Mr. CASE. Mr. President-- of review, the reasons were: Senate does not grant the floor to a The PRESIDING OFFICER. The . First. That a careful reading of the Senator in advance. I believe this is an Chair recognizes the junior Senator from statements of the junior Senator from example of why it is not wise that it be South Dakota. Wisconsin in the Army-McCarthy hear­ done. The Senator-from·South Dakota Mr. CASE. Yesterday. afternoon I ings and a careful review of his own un­ has been unavoidably delayed, and I be­ spoke informally on some phases of the prompted declarations convinced me lieve that it will be necessary. now to pending .matter, but, acceding to every that ·he did not invite any wanton ran­ clear the record, because otherwise we request to yield, I did.not get to the main sacking of official files, but· that he asked would have a hiatus, inasmuch as the presentation which I desired to ·make. only for evidence of wrongdoing in the Senator who was 'to have the floor this ·Today I shall summarize in a few sen.. fields of co-mmunism, corruption, and morning is not present tO claim it. I tences the matters covered in my re­ treason. __ make the parliamentary inqUiry whether marks yesterday and then proceed to Second. That no statute makes it a unanimous consent is necessary to waive complete the statement of niy position. crime to give information to an "author­ the previous unanimous-consent order. . At the outset, I desire to say ·that I ized person," and. that the statutes are The PRESIDENT pro ·tempore. It is do not intend to yield during the pres­ very unclear as to who is an "authorized the opinion of the present occupant of entation of- my principal remarks, person." - - - - 15960 CONGRESSIONAL RECORD- SENATE 1 November 11 -_ . Third. That the chairman of the Sen­ which engrossed the time and attention by·the author of the original document, ate Committee on Government Opera­ of the country for many, many days. the FBI, when the purposes of classifica­ tions and of its Pennanent Subcommit­ On these two points, little need be said. tion had been served. But that is not the tee on Investigations, charged with the First, I point out that under the Con­ controlling point before the Senate, in responsibilities of checking the executive stitution any Senator can come to the· my judgment. branch of the Government for economy floor of the Senate and make remarks . The fact is that the document was not and efficiency under the rules of the Sen­ or make use of information for which he made public. The chairman of the ate, might well believe himself to be "an cannot be held to account in any other Army-McCarthy hearings, the senior authorized person" to receive evidence of place. We might establish some rule to Senator from South Dakota [Mr. wrongdoing, even though some of the prevent use of classified information in MUNDT], did not permit the document to evidence might be restricted in nature. debate here, or we might reprove a Sen­ be made public, and the chairman of the Indeed, it might well happen that ,the ator for so doing; but unless or until select committee, the Senator fro:::n Utah more serious the wrongdoing, the more we do so, it could be done. [Mr. WATKINS], has not permitted it to determined would be offenders in the Statutes may frown upon it now, un­ be made public. Senator McCARTHY did executive branch to classify the informa­ der some interpretation, but the fact is not insist that the document be made tion and keep it secret if it were within that the junior Senator from Wisconsin public. If he had had any wanton desire their power to do so. in the more than a year during which he to make it public, he could have made Mr. President, whether it be sound law had the 2%-page document in his pos­ copies of the document and could have or not, I shall never vote to censure the session did not make it public. He did issued it, or could yet bring it before the junior Senator from Wisconsin [Mr. Mc­ not come to the :floor of the Senate Senate. He has not done so. He sub­ CARTHY] or any other Senator for doing with it, where he might have claimed mitted the document to the verdict of what the rules of the Senate gives him immunity. the cnairmen of the committees in both sound basis for believing it is his duty Clearly, then, he cannot be . charged hearings. · to do. with a wanton or reckless will to make In the first instance, he did so when Mr. WELKER. Mr. President, will the the information public or to broadcast extended questioning, which occupies 20 Senator yield? it to the world. pages in the printed hearings of the · Mr. CASE. I may say to the Senator Second, I point out that the offer of Army-McCarthy hearings, failed to elicit from Idaho that I have previously said the document by the junior Senator an admission by Secretary Stevens of the that I shall decline to yield during the from Wisconsin in the Army-McCarthy extended presence of suspected subver­ presentation of my statement. hearings came only after many efforts to sives in the Army Signal Corps labora­ Mr. WELKER. I am very sorry. I establish the central point at issue by tories. He did it only when that evidence shall interrogate the Senator at the end other means; and :finally, only after ex­ seemed to be what would establish the of his remarks. tended questioning of Army Secretary principal point at issue so far as he was Mr. CASE. I shall be glad to answer Stevens failed to bring clear evidence on concerned, where his official conduct was questions then. the point at i::;sue, did he offer it. on trial. Mr. WELKER. I was not in the The central issue in those hearings If any Members of the Senate have Chamber when the Senator made that from the McCarthy side was whether · any doubt on that point, I trust they will statement. subversives or Communists were known look at the record of the Army:.McCar­ Mr. CASE. We come now to. the sec­ by the Army to be working in a highly thy hearings, and note that, as shown by ond . charge connected with classified classified installation on secret projects 20 pages of printed testimony, the coun­ information, which was category III: and had been there for some time with­ sel for the committee, Mr. Jenkins, of the alleged misuse of classified infonna­ out adequate steps to get them out. Tennessee, endeavored to elicit some in­ tion once it came into the hands of the The 2%-page document, as has been formation from Secretary Stevens as to junior Senator from Wisconsin. previously publicly disclosed, purported the presence of subversives in the Signal This charge revolves around the offer to be a letter from the Director of the Corps laboratories, ·and the length of by the junior Senator from Wisconsin Federal Bureau of Investigation to a gen­ time the Anny had known they were of a certain 2%-page document as evi­ eral of the Anny. It gave, among other there; but he could not get satisfactory dence in the Army-McCarthy hearings, things, the names of persons who were information. That was a crucial point . presided over by my colleague, the dis­ employed on a highly classified project. in those hearings. So I say deliberately tinguished senior Senator from South Following their names was an evaluation that Senator McCARTHY offered it only Dakota [Mr.' MUNDT]. of information about them, presumably when it seemed that it was the evidence My reasons for not supporting cen­ FBI information. The document was necessary to establish the principal point sure on this count do not rest upon the dated. The date of the document would · at issue so far as he was concerned, ground offered by the jl;lnior Senator indicate that the FBI infonnation had where his official conduct was on trial. from Wisconsin or his counsel, namely been sent to the Army a considerable In the second ~it:J.stance, Senator Mc­ their belief that the document was not period of time before there was evidence CARTHY offer.ed the document to our com­ classified or was improperly classified. that the Army was getting rid of the su­ mittee, and it was received by the chair­ Under the conditions set forth in the spected subversives. man for the purpose of examination, committee report, I examined the docu­ Certainly the document, if valid, was because the document itself was the basis ment. I have examined or read many very much to the point at issue in the of the charge under consideration. I classified documents in connection with Army-McCarthy hearings. The counter­ do not see how he could have done other­ my work on appropriations in the House charge of the Army in that matter was wise. Had he not offered the document, of Representatives and in the Commit­ that the junior Senator from Wisconsin the committee would have been com­ tee on Armed Services of the Senate. [Mr. McCARTHY] was using undue pres­ pelled to ask for it if we were to make an In my judgment the document was a sure on ·the Army to get it to act. If the evaluation of the charge referred to us; reproduction of portions of a properly evidence had not been classified, he· cer­ that is, unless we could have seen the classified document, and the portions re­ tainly would have been entitled to use it document or made some evaluation of it, produced did contain information that to show Communist infiltration in the we could not properly cover the charge would be valuable to an espionage agent. Army, and the length of time the Army referred to us. My reason for not supporting cen­ knew about it before taking evident cor­ The committee report presents what sure, however, are twofold. rective action. is probably a more adequate basis for First. That the junior Senator from It is true, of course, that when suspects noncensure on this count from a legal Wisconsin had possession of the docu­ are employed, there may be tactical value point of view, but for myself, having in ment for over a year, and in all that time in letting them continue for a while mind the place of prudent policy in the did not misuse it. under surveillance while FBI operatives precedents of the Senate, I wished to Second. That he did offer to use it or or other security agents endeavor to ob­ present my layman's reasons for refus­ make it public only when it seemed that tain further knowledge of their activities ing to recommend censure on this count. it was the one piece of evidence which and accomplices. That is why the docu­ In short, Senator McCARTHY clearly could determine the point at issue in ment, in my judgment, was properly did not make or seek to make wanton the hearings of a Senate committee classified and could only be declassified misuse of the two-and-a-quarter page 1954 CONGRESSIONAL RECORD- SENATE 15961 classified document, but offered it only Mr. CASE. Mr. President, in view of do not base this personal opinion upon when it seemed to be essential to the what has been said about the position the fact that the Gillette subcommittee determination of issues before a duly of the Senator from Colorado [Mr. denied the junior Senator from Wiscon .. constituted committee of the Senate, and JoHNSON] as a member of the select sin [Mr. McCARTHY] the right of cross­ he let that committee be the judge as to committee, I think it is only fair to say examination, although I think they whether or not any publication of it that the idea of using this device for should have permitted him that right. could be made. Believing that, of sifting the many charges was largely They also denied it to his accuser in that course I could not vote to recommend his. · Some of us had proposed a few instance, the then Senator from Con­ censure on that count. standards for sorting, but it was the necticut, Mr. Benton. So it was even, That brings us to the 33 charges on Senator from Colorado who came up both ways. which no public testimony was taken, but with the actual format and the basic I do not base my opinion upon any lack which were the object of some explora­ wording of at least 10 of the 12 grounds of jurisdiction or competence by the tion by the staff, and the subject of some set forth for discarding or eliminating committee. Its jurisdiction and its discussion within the select committee. various charges. I think each of the range of inquiry were approved by the I shall not enumerate them, for they grounds was revised a bit in wording Senate itself by a 60-to-0 vote when are all set forth in the committee report by suggestions of various members of those rna tters were directly challenged. on pages 63 to 66, inclusive, and have the committee, but the major work on I think a strict charge of contempt on heretofore been printed in the RECORD. this score was that of the Senator from the ground of nonappearance would fall They range from the Lustron matter to Colorado. because there was no clear request from the speech about General Marshall made I shall say nothing more of the 33 the subcommittee for the junior Senator on the floor of the Senate. charges. I think the grounds on which from Wisconsin to appear, with adequate We disposed of these 33 counts under they were dismissed or eliminated are notice for him physically to appear. Let some one or more of a dozen reasons set stated with sufficient clarity to appeal me say very clearly that in my opinion a forth on page 63 of the report. to the average Member of the-Senate. subpena should not be necessary to get Mr. President, I ask unanimous con­ Should any questions exist, of course a Senator to appear before a committee sent that the 12 groWlds be printed at some member of the committee will re­ of the Senate when a question of privi­ this point in my remarks. spond, I am sure. lege and honor is at stake; but there There being no objection, the grounds This brings me to the first of the two should be a clear request and an agree­ were ordered to be printed in the RECORD, counts on which the committee made ment upon time, or at least a reasonable as follows: an affirmative recommendation, tliat offer of a possible time. That does not which comes before the Senate as an exist in the record of the relations be­ 1. Charges which, even if fully supported tween the junior Senator from Wiscon­ and established, would not in the judgment am·endment to make section 1 of the of the committee constitute censurable con­ pending resolution read: sin and the Gillette and Hennings Sub­ duct. Resolved, That the Senator from Wiscon­ committees on Privileges and Elections. 2. Charges which, even if fully supported sin [Mr. McCARTHY] failed to cooperate with There were invitations-several of and established after investigation, would the Subcommittee on Privileges and Elec­ them-in the letters from the. patient­ in the judgment of the committee be of tions of the Senate Committee on Rules perhaps overly patient-Senator from doubtful validity as a basis for censure. and Administration in clearing up matters Iowa [Mr. GILLETTE]; but there was no 3. Charges which are too vague and un­ referred to that subcommittee which con­ formal request, and there was not a fixed certain, or which were too broad in apparent cerned his conduct as a Senator and af­ time. scope to justify formal hearings by the com­ fected the honor of the Senate and, in­ stead, repeatedly abused the subCommittee The first clear request that the junior mittee. Senator from Wisconsin appear before 4. Charges reflecting largely personal opin­ and its members who were trying to carry ion rather than delineating specific, con­ out assigned duties, thereby obstructing the that subcommittee is found in the un­ crete conduct upon which a judgment of constitutional processes of the Senate, and sent telegram which appears as exhibit censure could properly be based. that this conduct of the Senator from Wis­ 42 in the Hennings subcommittee report. 5. Charges which, in order to determine consin [Mr. McCARTHY], in failing to co­ The telegram perhaps was intended to properly, would have required more time operate with a Senate committee in clear;. have been sent on November 14, 1952, but to investigate, document, and take testi­ ing up matters affecting the honor of the it was never sent, as I first discovered mony upon, than was practically available to Senate is contrary to senatorial traditions and is hereby ~ondemned. by examination of the contents and by this committee. correlation of its contents with other 6. Charges which were substantially cov­ The failure to cooperate was the fail­ documents, and later substantiated by ered or duplicated by other charges upon ure of Senator McCARTHY to appear or which the committee actually held hearings the finding of the original. I believe it and received evidence. to accept invitations to appear before came from the files of the chairman of 7. Charges concerning statements made on the Gillette-Hennings subcommittee. the committee, the senior Senator from the floor of the Senate about public officials, The abuse ranged from the several Arizona [Mr. HAYDEN], although I am with which statements we may disagree, but letters he wrote, in which he accused not sure of that. At any rate, we finally which, if held censurable, would tend to the subcommittee of "wasting or. steal­ found the original copy of the telegram, place unwarranted limitations on the free­ ing the taxpayers' dollars," and stating with the words "not sent" written across dom of speech in the Senate of the United that he "did not expect an honest re­ States. its face. 8. Charges involving such matters as the port" from them, to the coarse remarks . Thus, the only formal request actu­ receipt by a member of a committee of pay­ he made to the press, in comment upon ally sent by the subcommittee to the ments not corresponding to the value of the signing of the report by the Senator junior Senator from Wisconsin was con­ services rendered, from persons subject to from New Jersey [Mr. HENDRICKSON], tained in a letter of November 21st and the jurisdiction of such committee (which that he was "a living miracle, without a telegram of the same date, both of might be reprehensible if true, because of brains or guts"-a slander in any State, which, it appears, were not received by some implication of improper influence) , but and wholly without warrant, as every which the committee believed were not sus­ the -junior Senator from Wisconsin until ceptible of satisfactory proof in this form. Member of the Senate knows, and ut­ after the date suggested for meeting with 9. Charges of improper treatment of a terly unworthy of a Senator, when the subcommittee. Senators will find a particular committee witness who is pres­ speaking of the official action of a con­ discussion of this matter at pages 300 ently undergoing confidential security in• scientious and respected Member of this and following in the printed hearings. vestigation by the executive department. body. . . The letter and the telegram of No­ 10. Charges involving misconduct of the At the risk of finding myself in dis­ vember 21, 1952, requested the junior staff of a standing committee of the Sen­ agreement with some of the eminent Senator from Wisconsin to appear on the ate, over which that committee as a whole lawyers in the Senate, and possibly even has jurisdiction and primary responsibility. 22d, the 24th, or the 25th. The 22d was 11. Charges concerning matters over which members of the select committee, I am Saturday; the skipped date was Sunday, other committees have already acquired Ju­ going to say that I question whether, the 23d; the 24th and 25th were Monday risdiction. from a legal standpoint, the facts in and Tuesday, respectively. The junior 12. Charges on which no substantial evi­ the record would support a charge of Senator from Wisconsin was in Wiscon­ dence was submitted and none could be contempt for nonappearance before the sin, hunting in the northern woods. The found by the committee. Gillette or Hennings subcommittees. I messages were not received by him until 15962 CONGRESSIONAL RECORD- SENATE November ·11 about 7 days aftel' they were sent, and - There being no objection,· the letters - (2) Whether·you, at any time, used your that was after the dates suggested. T!le were ordered to be printed in the RECORD, official position as a United States Senator junior Senator from Wisconsin acknowl­ as follows: ahd as a member of the Banking and CUr­ EXHmiT No. 41 rency Committee, the Joint Housing Com­ edged receipt of both of them; on No­ mittee, and the Senate Investigations Com­ vember 28, he acknowledged receipt of NOVEMBER 21, 1952. mittee to obta1n a $10,000 fee from the Lus­ Hon. JOSEPH R. McCARTHY, tron Corp., which company was then almost the telegram; and on December 1, he Room 254, Senate Office Building, acknowledged receipt of the letter. entirely subsidized by agencies under the Washington 25, D. C. jurisdiction of the very committees of which During the debate in the Senate on DEAR SENATOR MCCARTHY; As you Will re­ you were a member. Call, on September 25, 1951, May 7, 1952, and the citation of- Corliss Lamont for con­ (3) May 10, 1952, this subcommittee invited you Whether your activities on behalf of tempt of a Senate committee--the de­ to appear before it to give testimony relating certain special-interest groups, such as hous­ bate taking place in the fore part of to the investigation pursuant to Senate ing, sugar, and China, were motivated by self­ August of this year, I believe--! recall Resolution 187. interest. Under date of November 7, 1952, the follow­ (4) Whether your activities with respect to the concem of the Senator from Oregon your senatorial campaigns, particularly with [Mr. MoRsE] over the question of ing communication was addressed to you: "DEAR SENATOR MCCARTHY: In connection respect to the reporting of your financing and whether Mr. Lamont or his attorney had. with the consideration by the Subcommittee your activities relating to the financial been-and I use the phrase in quota­ on Privileges and Elections of Senate Resolu­ transactions with, and subsequent employ­ tions-"legally put to sleep" by a tele­ tion No. 187, introduced by Senator Benton ment of, Ray Kiermas involved violations of gram suggesting a possible further meet­ on August 6, 1951, as well as the ensuing in­ the Federal and State Corrupt Practices Acts. vestigation, I have been instructed by the ( 5) Whether loan or other transactions ing of the committee, at which he might subcommittee to invite you to appear before which you had with the Appleton State Bank, have, had he so chosen, purged himself said subcommittee in executive session. In­ of Appleton, Wis., involved violations of tax of the alleged contempt. The question sofar as possible, we would like to respect and banking laws. of "adequate notice,. was involved. _ your wishes as to the date on which you ( 6) Whether you used close associates and members of your family to secrete receipts, - It seems clear to me that the junior will appear. However, the subcommittee plans to be available, for th!s purpose, dur­ income, cdmmodity and stock speculation, Senator from Wisconsin [Mr. McCAR­ ing the week beginning November 17, 1952. and other financial transactions for ulterior THY] is well within his rights in assum­ ''It will be appreciated if you will advise motives. ing that his acknowledgments of the sev­ me at as early a date as possible of the day We again assure you of our desire to give you will appear, in order that the subcom­ you the opportunity to testify, in executive eral communications from the Senator session of the subcommittee, as to the fore­ from Iowa [Mr. GILLETTE] and from the mittee-may arrange its plans accordingly. "Very truly yours, going matters. The 82d Congress expires in Senator from Missouri [Mr. HENNINGS] the immediate future and the subcommittee •'PAUL J. COTTER, must necessarily proceed with dispatch in and the continuation of the invitations "Chief Counsel." without formal request kept the matter making its report to this Congress. To that On November 14, 1952, the subcommittee end, we respectfuliy urge you to arrange to alive and continued his rights to an­ r-eceived the following communication. dated come before us on or before November 25th, swer the charges, except for one thing: November 10, 1952: and thus enable us to do our conscientious That was. the abusive character of his "DEAR MR. COTTER: Inasmuch as Senator best in the interests of the Senate and our replies. McCARTHY is not now in Washington, I am obligation to complete our work. We would taking the liberty of acknowledging receipt thank you to advise us immediately, so that In order that the nature of the re­ of your letter of November 7. we may plan accordingly. quest by the Senator from Missouri £Mr. ••1 have just talked to the Senator over This letter is being transmitted at the di­ HENNINGS] and the nature of the final the telephone and he does not know just rection and with the full concurrence of the reply by the junior Senator from Wis­ when he will return to Washington. It pres­ membership of this subcommittee. ently appears that he will not be availab_le to consin [Mr. McCARTHY] may be in the Sincerely yours~ appear before your committee during the THOMAS C. HENNINGS, Jr., RECORD, for convenient reference, I now time you mention. However, he did state Chairman. ask unanimous consent that the letter of that if you will let him know just what in­ November 21, 1952, by the Senator from formation you desire, he will be glad to try Missouri [Mr. HENNINGS], which appears to be of help to you. ExHIBIT No. 45 ••sincerely yours, UNITED STATES SENATE, as exhibit No. 41 in the appendix of the COMMITTEE ON APPROPRIATIONS, printed hearings; and the reply letter of "RAY KIERMAS, ..Administrativ~ Assistant.to Senator December 1, 1952 • December 1, 1952, by the junior Senator McCarthy." Senator THOMAS C. HENNINGS, Jr., Chairman, Subcommittee on from Wisconsin [Mr. McCARTHY], which The subcommittee Is grateful for your appears as exhibit No. 45, may be print­ Privileges and Elections, offer of assistance, and we want to affo.rd Senate Office Building. ed at this point in the RECORD, as part you with every opportunity to offer your ex­ DEAR MR. HENNINGs·: This is to acknowl­ of my remarks. planations with reference to the issues in­ edge receipt of yours of November 21 in volved. Therefore, although the subcommit­ which you state that your object is to reach Mr. McCARTHY. Will the Senator tee did make itself available during the past please restate the pages on which those an "impartial and proper conclusion based week in order to afford you an opportunity upon the facts" in the Benton application exhibits appear? to be heard, we shall be at your disposal which asks for my removal from the Senate. Mr. CASE. They are exhibits 41 and commencing Saturday, November 22 through, I was interested in your declaration of but not later than, Tuesday, November 25, ho:t;1esty of the committee and.would like to ~5. and they appear in the appendix of 1952. the hearings. The appendix is found believe that it is true. As you know, your This subcommittee has but one object, and committee has the most unusual record of in part II of the printed hearings. I refer that is to reach an impartial and proper con­ any committee in the history of the Senate. to the letter from the Senator from Mis­ clusion based upon the facts. Your appear­ As you know, two members·of your staff have souri, as chairman of the subcommittee, ance, in person, before the subcommittee will resigned and made the public statement that not only give you the opportunity to testify their reasoJ:l. for resignation was that your to the junior Senator from Wisconsin, as to any issues of fact which may be in con­ and his reply of December 1. I urge all committee was dishonestly used for political troversy, but will be of the greatest a.<>sistance purposes. Two Senators have also resigned. Senators to read those letters, because I to the supcommittee in its effort to arrive at One, Senator WELKER, in the strongest pos- think they are very much in point. That a proper determination and to embody in its 15ible language indicted your committee for letter and the reply constitute the formal report · an accurate representation of the complete dishonesty in handling your inves­ request and the suggestion of a date; !acts. tigation. Senator Gn.LETTE also resigned and they are supported, of course, by the Pursuant to your request, as transmitted to without giving any plausible reason for his us through Mr. Kiermas, we are advising you resignation from the committee. Obviously telegram. The reply acknowledges the that the subcommittee desires to make in­ he also couldn't stomach the dishonest use letter. There is a shorter letter which quiry with respect to the following matters: of public funds for politipal purposes. For acknowledges receipt of the .telegram, ( 1) Whether any funds collected or re­ that reason it is difficult for me to believe but it is merely a letter of acknowledg­ ceived by you and by others on your beha.l! to your protestations of the honesty of your conduct certain of your activities, iiWlUding committee. ment. those relating to "communism," were ever di­ I would, therefore; ordinarily not dignify - The PRESIDING OFFICER. Is there verted and used for other purposes inuring your committee by answering your letter of objection? to your personal advantage. · November 21 • . However, I decided to give 1954 CONGRESSIONAL RECORD-SENATE 15963 you no .excuse to claim in your report that I Senators will note that on page 554 .to any offense upon which a censure resolu­ refused to give you any facts. For that rea­ there is a section headed "Addendum­ tion is predicated, whether it be a physical son you are being informed that the answer B. Law Briefs Submitted by Counsel for assault upon the person of a Member or to the six insulting questions in your letter whether it be language derogatory of a of November 21 is "No." You understand . Senator McCARTHY"; and then there fol­ Member. that in answering these questions I do not low several pages relating to the early in any way approve of nor admit the false category of charges. The part to which Let me read that again. This is the statements and innuendoes made in the I wish to direct attention appears in the test. I am taking the language of the questions. memorandum on page 571, entitled: "V. Senator's counsel: I note with some interest your reference to Memorandum Relating to Propriety of Did the conduct obstruct or endanger the my "activities on behalf of certain special Censure for Language Used Off the Floor legislative process? This test is applicable interest groups, such as housing, sugar, and of the Senate"; and at the top of page to any offense upon which a censure resolu­ China." I assume you refer to my drafting tion is predicated, whether it be a physical of the comprehensive Housing Act of 1948 572 it will be noted that counsel for the junior Senator from Wisconsin stated the assault upon the person of a Member or which was passed without a single dissenting whether it be language derogatory of a Mem­ vote in the Senate, either Democrat or Re­ following in h'ls memorandum: ber. publican. Neither you nor any other Senator It is recognized that the censure power is has attempted to repeal any part of that derived solely from the power tq punish for Counsel goes on to say: Housing Act, or perhaps you refer to the disorderly behavior which is conferred by slum clearance bill which I drafted and in­ · In the presen·t ·case, it is crystal clear that article 1, section 5, of the Constitution. See the language allegedly employed by Senator troduced in 1948, which slum clearance bill remarks of Senator DANIEL, of Texas, CoN­ was· adopted in toto by the Democrat-con­ McCARTHY could not and did not endanger GRESSIONAL RECORD, 83d Congress, 2d session, the legislative function. It is likewise crys­ trolled Senate in 1949. page 12919; remarks of Congressman Black, When you refer to sugar I assume you refer tal clear that this language could not and Of TexaS, CONGRESSIONAL RECORD, 67th Con­ did not obstruct the legislative function. to my efforts to do away with your party's gress, 1st session, page 6891; report of Sena­ rationing of sugar, as I promised the house­ The precedents reveal that neither House of tors McComas, of Maryland, Beveridge, of Congress has ever censured a Member for wives that I would during my 1946 campaign. Indiana, and Pritchard, of :North Carolina, in If that were wrong, I wonder why you have language employed off the floor of Congress, the so-called Tillman-McLaurin case, CoN­ thus substantiating the conclusion that such not introduced legislation in the Democrat­ GRESSIONAL RECORD, 57th Congress, 1st session, controlled Senate to restore sugar rationing. action may be taken only in the rare and ex­ page 2205. This proposition ras already been ceptional case where such language does in You have had 2 years to do so. advanced by counsel for Senator McCARTHY. I thought perhaps the election might have fact have an obstructive tendency. · It is likewise settled that the power to taught you that your boss and mine-the Those are not the words of the select American people--do not approve of treason punish for disorderly behavior is nothing and incompetence and feel that it must be more or less than a constitutional codifica­ committee, but they express the thought exposed. tion of the inherent power of all legislative upon which this member of the commit­ You refer to the above as "special inter­ bodies .to punish for contempt. As has al­ tee, at least, the junior Senator from ests." I personally feel very proud of having ready been pointed out by counsel for Sena­ South Dakota, thinks the first count in drafted the Housing Act in 1948, which tor McCARTHY, the Supreme Court of the pnited States has expressly so held. See the resolution must stand or fall. passed the Congress without a single dis­ Counsel for Senator McCARTHY goes senting vote-a Housing Act which contrib­ Marshall v. Gordon (243 U. S. 521, 526); Anderson v. Dunn (6 Wheat. 204, 225). on in that paragraph to argue that the uted so much toward making it possible for words employed by Senator McCARTHY veterans and all Americans in the middle­ The second paragraph reads: and low-income groups to own their own ''could not and did not obstruct the legis· homes. Likewise, I am proud of having been It is likewise settled that the power to lative function." That is the crux of the able to fulfill my promise to American house­ punish for disorderly behavior is nothing question, of course, and each Senator wives to obtain the derationing of sugar. I more or less than a constitutional codifica­ will have to form his own judgment. tion of the inherent power of all legislative proved at the time that rationing was not For myself, it seems evident that the for the benefit of the housewives but for the bodies to punish for contempt. As has commercial users. already been pointed out by counsel for Sen­ words employed in the reply letters to I likewise am doubly proud of the part I ator McCARTHY, the Supreme ·Court of the Senator GILLETTE and Senator HENNINGS played in alerting the American people to United States has expressly so held. See were obstructive of the legislative proc­ your administration's traitorous betrayal of Marshall v. Gordon (243 U. S. 521, 526); ess. The direct comment upon Senator American interests throughout the world, Anderson v. Dunn (6 Wheat. 204, 225). HENDRICKSON was, to my mind, obstruc­ especially in China and Poland. The third paragraph reads: tive. You refer to such activities on my part as Upon receiving the letter of December "activities for special interests." I am cu­ The Supreme Court has also held that no rious to know what special interests you language can be punished as contumacious 1, 1952, Senator HENNINGS and his com­ mean other than the special interest of the unless it has a real and immediate tendency mittee accepted the verdict that Senator American people. to impede the legislative process. Squarely McCARTHY was not going to furnish that This letter is not written with any hope of in point is the case of Marshall v. Gordon committee with direct testimony upon getting an honest report from your com­ supra. There a Member of the House of the matters about which they sought to mittee. It is being written merely to keep Representatives was indicted under the Sher­ inquire. They concluded they could get the record straight. man Act in the southern district of New only language abusive of their motives. Sincerely yours, York. He made certain charges against the JoE McCARTHY. district attorney for the southern district As for the statement about Senator and requested the Judiciary Committee to HENDRICKSON for signing the report­ Mr. CASE. The basis for the opinion investigate such charges insofar as they that he was "a living miracle without that ~he abusive language in the several might constitute grounds for impeachment. brains or guts"-what Senator would communications by the junior Senator ever willingly seek assignment to a Sen­ from Wisconsin and in his publicly ex­ ·I think all Members of the Senate will wish to read the remainder of that at Subcommittee on Privileges and pressed comment upon the Senator from Elections if he knew that other Senators New Jersey [Mr. HENDRICKSON] for sign­ memorandum, submitted by Senator Mc­ CARTHY's counsel. I shall not take the might utter with impunity such words ing the report is a proper ground for cen­ about his official conduct? What Sena· sure is to be found in the law briefs sub­ time to read it. I think probably Sen­ ators will follow it more carefully and tors today would volunteer to take the mitted to the select committee by Mr. place of members of the select committee Williams, counsel for the junior Senator meaningfully if they read it for them­ selves. However, I invite attention to it. in the light of the interpretation placed from Wisconsin [Mr. McCARTHY]. I in­ on their acts in the Senator's statement vite the attention of the Senate to the I turn now to page 574, and come to the portion of them which appears at page concluding paragraph in the argument placed in the REcoRD last night? 572 of part II of the printed hearings. of Senator McCARTHY's counsel on this That is the issue, as I see it; but it It will be noted that part II ends with a point: need not be so dark as it might seem. There is one point which I wish to make reproduction of the report of the The test is always the same:- Gillette-Hennings subcommittee, which at this time. I do so deliberately. I appears in the appendix to part II. I am This is the test submitted by counsel have not consulted with my fellow mem­ now referring to page 572 of that part, for Senator McCARTHY- bers on the select committee previous to which precedes the appendix. The pages Did the conduct obstruct or endanger the making this point. I am making it on are numbered consecutively from part I. legislative process? This test is applicable my own responsibility. 15964 CONGRESSIONAL RECORD- SENATE November 11 The point I wish to make is that the Mr. WELKER. I believe that the jury agreed with much of the argument made record is not yet closed. l'he select com­ should be here. by the Senator from South Dakota [Mr. Jnittee was not a trial court. During Mr. CASE. I yield to the junior Sen­ CASE], but I believe that the Senators, the hearings of the committee, new evi­ ator from Wisconsin for that purpose, who are the jurors in this case, should dence developed relative to the part of with the understanding that I shall re­ listen to all the arguments. Senator HENDRICKSON in the preparation sume the floor after the quorum call. If I were a judge, as I once was, and of the so-called Hennings report. Sena­ Mr. McCARTHY. May I make my three-fourths of the jurors in a case went tor HAYDEN testified that Senator HEN­ request now? downtown and did not listen to the evi­ DRICKSON wrote the addendum, the Mr. HOLLAND. Mr. President---­ dence in a case, I would immediately single paragraph on the loose-leaf page Mr. McCARTHY. May I make my re­ declare a mistrial. which said some of the questions had quest first? Therefore I should like to urge, ·after been made moot by the elections of 1952. The PRESIDING OFFICER. The the quorum call is made, that Senators Counsel for Senator McCARTHY relied Senator from South Dakota has yielded take their duties seriously and sit and upon that to throw out some of the issues to the Senator from Wisconsin for· the listen to the arguments, such as we have in the whole matter. I pointed that out purpose of suggesting the absence of a just heard made by the Senator from to Senator McCARTHY and asked him if quorum. South Dakota. be knew that Senator HENDRICKSON was Mr. HOLLAND. Mr. President, I wish The PRESIDING OFFICER. Is there the author of the addendum when he to address the Chair on a point of per­ objection? uttered his unfortunate words. He said sonal privilege. I should like to make a Mr. WELKER. Mr. President-­ that he had not, but he declined the short statement. Mr. HOLLAND. Mr. President, reserv­ opportunity I deliberately gave him to Mr. McCARTHY. May I make my re­ ing the right to object-and I shall not withdraw that statement-to purge the quest first? Will the Senator yield so object-! wish to say that the comment record, as it were. that I may make my unanimous-con­ made by the junior Senator from Wis­ So, I say again to my fellow Senator­ sent request? I intend to make my re­ consin, while probably not so intended, and I do this deliberately-the record is quest. The Senator from Florida cer­ was completely unfair to the minority still open. It is open also, I feel, with tainly can reserve his right to object and members, for two reasons. respect to the Hennings report. This is make any statement he cares to make. In the first place, he said that there the first time the Senate has had it for­ I should like to proceed with my unani­ were 6 members of the minority party mally before it for consideration, even mous-consent request. on the :floor of the Senate, when, in fact, though it comes here collaterally. Per­ Mr. CASE. Mr. President, because of there were 9. Three of them were sit­ sonally, I should like to see the junior the issues involved, I believe the junior ting on the majority side of the aisle. Senator from Wisconsin set forth his Senator from Wisconsin should have In the second place, the distinguished justification for the utterances he made every opportunity to get before the Sen­ junior Senator from Wisconsin over­ with respect to the invitations to appear ate anything he feels should be pre­ looked the fact that the distinguished before that committee. I hope he will sented to it. This is a serious matter. majority leader announced it would be do su temperately. I certainly yield to him for a unanimous­ the practice during this debate to hold For, Mr. President, as I said yesterday, consent request. sessions until about 12':30 and then to I am concerned that we shall preserve Mr. HOLLAND. Mr. President-­ recess for lunch. In that connection, I the capacity of the Senate of the United Mr. McCARTHY. Mr. President-­ should like to quote from page 15919 of States to function. I am concerned that The PRESIDING OFFICER. Is there the CONGRESSIONAL RECORD of yesterday, from now on Senators can accept assign­ objection? November 10. ments to difficult tasks-and ·perhaps Mr. HOLLAND. I object. The majority leader stated that it was disagreeable ones-without having to feel Mr. McCARTHY. Mr. President, I the intention of the majority leader and that their lllOtives will be misinterpreted have not yet made my request. the minority leader "to hold sessions and their political careers blasted. Mr. HOJ;LAND. I object unless I be from 10 a. m. to 12:30 p. m., for instance, · I earnestly hope that the junior Sen­ allowed an opportunity to state a ques­ and then to take a recess for 45 minutes, ator from Wisconsin, whom I personally tion of privilege. in order that all Senators might have admire for so many great qualities and Mr. McCARTHY. Will the Senator lunch at that time, so that while at lunch for so much valuable service to his coun­ from Florida let me make my request they would not be interrupted by having try, will not utter "language der?gatory first? to answer quorum calls, and, also, so of a Member" for his official conduct and Mr. HOLLAND. I shall be glad to that perhaps half the membership of the thereby tend to obstruct the legislative have the Senator do so. Senate would not be absent from the processes of the Senate either here or, Mr. McCARTHY. I wish to point out Chamber during a presentation of im­ by the long shadow of precedent, in the that we have just now heard a scholarly portance to this body." future. discussion by the Senator from South I am completely in accord with the The United States Senate, Mr. Presi­ Dakota. I disagreed with a considerable statement made by the distinguished dent, is not a thing apart from us who part of it. However, this is a very im­ majority leader. I have attended almost are its Members. Today and for the portant issue. We have been called back every minute of the debate, and I intend long future which I believe is the destiny into session. We have accepted our to continue to do so until the debate has of America, the Senate of the United travel expenses. We returned for one been completed. I believe that to be the States will be in part what we make it purpose, to decide whether new rules of attitude of most of the members of the by our deliberations and our conduct the Senate will be adopted and whether minority, as well as of the majority. today. we will censure a fellow Member of the I could direct attention to the fact Mr. McCARTHY. Mr. President, will Senate. that at the time the point was made 15 the Senator yield for a unanimous-con­ As I have said repea.tedly, I believe members of the majority were on the sent request? McCARTHY is completely unimportant in floor, but I shall not do so, because I The PRESIDING OFFICER. Does the this issue. However, I also believe that believe the other members of the major­ Senator from South Dakota yield to the it is important that all Senators hear ity were following exactly the same ob­ junior Senator from Wisconsin? the discussion on the issue, so that all jective that some members of the minor­ Mr. CASE. I yield. of us can vote intelligently. I believe ity are following, namely, they were Mr. McCARTHY. I should like to it is a great mistake to have what to the getting their lunch, in accordance with suggest the absence of a quorum at this gallery may appear to be-and some peo­ the statement made by the distinguished time. I do so for this reason: When I ple in the gallery have mentioned this majority leader. look across the aisle I see six Senators to me-an organized boycott of some of I close with the additional statement on the other side of the aisle- the speeches. For that reason, Mr. that I believe no Member of the Senate The PRESIDING OFFICER. Does the President, I should like to say in that con­ should be further maligned because he Senator from South Dakota yield for that nection that I sincerely hope the jury has drawn his travel pay to come to purpose? . in this case, the United States Senate Washington. I drew my travel pay to Mr. CASE. Certainly. Does the Sen­ which intends to vote on the issue, ·has come to Washington, although I would ator from Idaho wish me to yield to him sufficient interest· in it ·to sit and listen much rather have stayed in sunny Flor­ first? to the arguments. As I have said, I dis- ida and not come to Washington i but I 1954 CONGRESSIONAL RECORD- SENATE i5965. expect to carry . through my duty~ a.s possible to do so. I believe the Senator's Mr. KNOWLAND. I do 'not want to other members of the majority and mi-. suggestion is well taken, and J join in foreclose any Senator, but I should like nority intend to do . . his suggestion. to make a brief statement. In short, Mr. President, the point of I ask unanimous consent that the Sen­ Mr. CASE. I yield for that purpose, my observation is that I believe every ate take a recess for half an hour so Mr. President. comment of that kind only adds to the that Senators may take lunch and re­ Mr. KNOWLAND. Mr. President, the difficulty of the situation. turn to the Chamber at 2:10p.m. hours is now quarter to 2. A number Mr. McCARTHY. Mr. President, will The PRESIDING OFFICER. Is there of Senators have been present since noon the Senator yield? objection? and have not had an opportunity to go Mr. HOLLAND. The Senate is sitting Mr. BUTLER. Mr. President, reserv­ to lunch. That situation was left a lit­ in a judicial capacity. The Senator from ing the right to object, I have sent for tle open because today we began the Florida, as I believe every other member the majority leader. I do not feel, in session at 12 o'clock rather than at 10 of the minority, is here in a judicial ca­ the absence of the majority leader that o'clock as on yesterday, when we were pacity, performing his duty, which is not I should consent to such a request. in session from 10 o'clock to 12: 30 or 1 a pleasant and not an agreeable task. Therefore, I object. o'clock, and then took a recess. But It seems to the Senator from Florida The PRESIDING OFFICER. Objec­ what I had intended to suggest was that that too much emphasis cannot possibly tion is ·heard. the Senate take a recess at this time, be laid upon the statement so ably and Mr. CASE. Mr. President, I yield to after the Senator from South Dakota so frequently made both yesterday and the Senator front Idaho. has fulfilled his commitments to the today by the distinguished Senator from Mr. WELKER. Mr. President, on a Senator from Minnesota [Mr. THYEl South Dakota [Mr. CASE], to the effect point of personal privilege I should like and any other Senators who may have that diversionary asides which cast as­ to say that I believe that great lawyer, something to say at this moment, and persions upon Members of the Senate the distinguished senior Senator from return at 3 o'clock. do not contribute to a judicial or orderly Florida, is eminently correct. Mr. THYE. Mr. President, will the per:tormance of a most disagreeable duty, Yesterday afternoon, not at the lunch Senator from South Dakota yield? The Senator from Florida, in an­ Mr. CASE. I yield to the Senator nouncing that he will have no objection hour but in the late hours of the after­ noon, I raised the same point-that there from Minnesota. to the quorum call, merely wishes to call were only eight Senators representing Mr. THYE. The only purpose for attention to the fact that any Senator the Democratic Party present. For that which I sought recognition was to in­ who looks at the RECORD has every right I am 'sorry. This is not a partisan mat­ vite the attention of this body to the to conclude that at this time-which, fact that every spoken word on the floor by the way, since we have gone this far, ter, Mr. President. I look before me and see a horde of Republican desks which is recorded in the CONGRESSIONAL REC­ is now 1:36 p. m.-some Senators are ORD. While we cannot, as a jury, be having lunch. The Senator from Florida are also empty. What is good for the goose is good for the gander; and I present in the Chamber every moment has not had any lunch, and most of the while the debate is in progress, the rules other Senators have not had any lunch. apologize for my re:flection on the Demo­ of the Senate provide that every spoken Senators cannot be blamed for slipping crats who, I am sure, all want to hear word shall be printed in the RECORD. out to get some lunch. I hope, I, too, will this debate as well as do the Republi­ cans. I agree that there certainly should There are Members who will read the have the chance to do so. I believe it RECORD to acquaint themselves with would be far better, instead of asking be some rule so that all Senators can be present and hear the debate. what has taken place in their absence. for a quorum call at this time-to which I just wish the RECORD to show definite­ I shall not object, of course-to take a I wish to commend the distinguished ly that as a jury we may not all be pres­ brief recess for lunch. Most of us wish Senator from South Dakota [Mr. CASE]. ent at every moment, but every spoken if to be present every minute of this very Rarely, ever, have I heard a more pro­ word will be ours to read if we care to interesting and important, although dis­ found argument, even though I differ acquaint ourselves with the facts in the agreeable, debate. with him on certain aSpects concerning certain questions which he brought up. RECORD. Mr. President, I have no objection. Mr. CASE. Mr. President, I yield to Mr. McCARTHY. Mr. President, will Mr. McCARTHY rose. the Senator from California, the major­ the Senator yield to me? Mr. THYE. Mr. President, will the ity leader, for the purpose of making a Mr. HOLLAND. Mr. President, I do Senator from South Dakota yield? · unanimous-consent request, with the un­ not have the floor. Mr. CASE. I shall yield, first, to the derstanding that if it involves a recess I The PRESIDING OFFICER. The Senator from Wisconsin. shall be recognized and have the floor on Senator from South Dakota has the Mr. McCARTHY. Mr. President, I the resumption of the session. :floor. wish to say that I think the point which Mr. HOLLAND. Mr. President, I have Mr. CASE. I yield to the junior Sen-. the Senator from Florida made is well no objection to that. I think it is fair. a tor from Wisconsin. taken. I counted the Members on the Mr. McCARTHY. I should like to Democratic side of the aisle, and there .. point out to the Senator from Florida were only six. I believe the Senator RECESS that no one is being maligned. When I from Florida is correct in saying that Mr. KNOWLAND. Mr. President, made the suggestion, I realized that I three of them were sitting on this side with that understanding, I move that the was somewhat in the position of the of the aisle. So, Mr. President, I should Senate now stand in recess until 3 o'clock minister who was castigating the mem.. like to correct my count and say that, this afternoon. bers of his congregation who were pres­ instead of six, there were nine of our The motion was agreed to; and the Senate I believe the Senator from Florida will heard the comment macte over and over took a recess until 3 o'clock p. m. agree with me, however, that we should again that there is a boycott by some On the expiration of the recess, the work out a system whereby the jury can elements who refuse to listen to the Senate reassembled and was called to be present. I am not disturbed about debate. I am sure the Senator from order by the President pro tempore. what the jury will do to McCARTHY, I Florida and I agree, because he is a. The PRESIDENT pro tempore. The can take care of myself. However, I am lawyer also, that if the jury cannot hear Senator from South Dakota [Mr. CAsE] disturbed about some dangerous rules arguments such as we have just heard­ has the fioor. being adopted while Senators who will and, as I have said, I disagree with a con­ vote on those rules are absent from the siderable part of them-! should like to Senate. have unanimous consent-- . PROGRAM FOR TODAY I believe the Senator's suggestion that Mr. KNOWLAND. Mr. President, if Mr. KNOWLAND. Mr. President, if I we take a recess for half an hour, or the Senator from South Dakota will may have a moment to make a statement whatever time he would suggest, is an yield-- . relative to the program for the re.. excellent one. In that way Senators Mr. CASE. I should like to yield to mainder of the day, I wish to inform the could go to lunch. I have not had any the distinguished majority leader, but Senate that after continuing in session lunch, either. I must sit here as long I do not want to foreclose the Senator until about 5:30 o'clock today, it is con­ as possible and for as much time as it is from Minnesota [Mr. THYEJ. templated that the Senate will recess. 15966 CONGRESSIONAL RECORD- SENATE· Novemb-er 11· Because of the· difficulty we have had So I shall have some further consul.. The PRESIDING OFFICER (Mr. when a Senator who has had the floor tations with the minority leader; and I PAYNE in the chair). A quorum is pres­ has not been present when the Senate hope the distinguished chairman of the ent. has reconvened, I should like to suggest committee will consult the ranking mi.; -Mr. CASE. Mr. President-- and respectfully urge, and, of course, the· nority member, and will see what can be The PRESIDING OFFICER. If the suggestion would be subject to further worked out in the committee itself. Senator from South Dakota will suspend consultation with the minority leader­ Mr. McCARTHY. I had no intention for a moment, let the Chair request that that hereafter Senators not request to of asking permission to hold hearings there be order in the Chamber. have the floor when the Senate shall re­ while the Senate is in session. In the In view of the fact that there are in convene. I think such an arrangement committee we have a. problem, because the galleries many persons who un­ results in some difficulty which causes a several Senators have indicated that they doubtedly never before have been in loss of time and additional quorum calls, wish to be heard on this particular nomi­ attendance at a session of the Senate, which make the proceedings difficult and nation, which means that we shall have let the Chair respectfully call their at­ prolong the discussions. to hold hearings. I should like to dis­ tention to the fact that they are here as Mr. President, the Senator from South pose of the nomination, if possible, be­ guests of the Senate. The rules of the Dakota [Mr. CASE] is now present. Un­ fore this session is ovei·. Senate do not permit manifestations of der the previous .agreement, he was to However, I sha11 not now take any approval or disapproval of any. state­ have the floor when the Senate recon­ more of the time of the distinguished ments made on the floor of the.Senate; vened. However, barring some-unusual majority leader. and the Chair respectfully requests that circumstances, I should be inclined to ob­ Mr. KNOWLAND. When a Senator the occupants of the galleries abstain ject to the floor being granted to a Sen­ desires to be heard, whether he is. from from any such showing. ator the night before .for the following the majority or from the minority side, - In case of .any abuse of the privilege day. it has been the custom, and I think it of the Senate, of. course, the Sergeant only reasonable, that such Senator have at Arms has been instructed to exercise NOMINATION OF JOSEPH CAMPBELL an opportunity to.be heard on the nomi­ his duties. TO BE COMPTROLLER GENERAL nation, when he wishes to clear up some The Chair now recognizes the Senator additional facts. OF THE UNITED STATES from South Dakota. Mr. CASE. Mr. President, prior to Mr. McCARTHY. Mr. President, will the taking of the recess, I had indicated the Senator from South Dakota yield, in RESOLUTION OF CENSURE to the Senator from Idaho [Mr. WELKER] order that I may ask a question of the that I would yield to him for such ques­ majority leader? The Senate resumed the consideration of the resolution nt wishes to tell us were spoken between the two of them. tion, let me say that I have noted what about the snuffboxes a little later, I shall The incident did not happen in Milwau­ the Senator has said about rule XIX. I be glad to yield to him at that time. kee or the north woods or appear in a think I know that rule, because I have Mr. WELKER. Mr. President, I press release. It occurred on the floor of resorted to it during the course of vicious should like to say for the record that in the Senate, and is reported on July 20, debate to make a couple of my colleagues the debate in which reference was made 1950, in the CONGRESSIONAL RECORD, take their seats, which is not a pleasant to the immortal Senator from Ohio in volume 96, part 8, page 10714. Senator thing to do. Rule XIX, subsection 2, the manner I have indicated, not from Tydings said: merely permits a Senator to ask that an­ afar, but from a seat on the opposite But the Senator from Indiana was worried other Senator sit down, and, uniformly, side of the aisle, by the distinguished about the company I was in. Well, I found since I have been a Member of the Sen­ former chairman of the Foreign Rela­ that the junior Senator from Indiana is in ate, and, I think for many years, the tions Committee, one of the deans of the company that I never associate with. I find procedure has been that then, upon mo­ Senate, one of the greatest Senators ever that Joe Stalin and the Dally Worker and the to be a Member of this body, on either Senator all vote the same way. I am really tion, the Senator is permitted to pro.o going to read the record, because I do not ceed in order. Certainly that rule is not side of the aisle, I had this to say: want this little side issue to go unnoticed, so violent and vicious a rule as is one I hope I may never again sit on this floor particularly when the Senator was so kind calling for the censure of a Senator, ·and hear anyone, whether he be a Democrat, while I was working and carrying on two which I intend to argue at a later date a New Dealer, a Fair Dealer, or a Republican, jobs at once, to take care of me during my and which is like a criminal action on the assailed in language such as I have heard this absence. · ·afternoon. floor of the United States Senate, as I I take it that the junior Senator from expect to prove. The Senator does not Mr. CASE. I would join in those senti­ South Dakota or the staff of the com­ have to agree with me on the criminal ments. mittee did not have time to find that. proposition. I shall argue that as a Mr. WELKER. I appreciate the Sen­ Mr. CASE. May I ask the Senator matter of law. ator's statement. I wish to make it emi­ from Idaho, was any resolution of· cen­ Mr. CASE. I admit that a censure nently clear to my friend from South sure offered or predicated upon the inci­ motion is a far more severe action than Dakota that I know the tremendous task dent to which the Senator from Idaho is a motion requiring a Senator to take and the arduous work which the select has referred? his seat. committee had to do. I am wondering . Mr. WELKER. That is the exact Mr. WELKER. I am sure my distin­ why the staff did not do a little research point about which I desired the Senator guished colleague, whom I know to be on these matters. It could have found from South Dakota to interrogate me. a fair and honorable man, certainly does bushels of them happening in the past There are many persons who feel that not want any segment of the American 4 years since I have been a Member of one particular Senator has been brought people or the Senate of the United States the Senate. What were they doing? into the limelight of censure. Since a to think that the select committee is Were they trying to seek only one side resolution of censure has been submitted segregating only one Senator to penalize. of the controversy? only four times in the history of our Mr. CASE. The Senator from Idaho Mr. CASE. I can assure the Senator country, I wish to dispel any idea that is eminently correct in that statement. from Idaho and all Members of the Sen­ perhaps one person was picked out, al­ ate that the staff worked very diligently though perhaps others, including the But, of course, the select committee was into the late hours of the night and again appointed for a particular purpose, and junior Senator from Idaho, the present in the early mornings. The labors of speaker, and other Senators whom I ob­ I may say that the task was onerous and the staff were reflected somewhat in the serve seated about me, are equally guilty. distasteful enough so that the select material available before the committee I am certain that the select committee committee did not seek to go beyond the at the hearings. If the junior Senator does not wish to have such an inference matters entrusted to it. from Wisconsin or his counsel had felt drawn; but when there is a record of res­ Mr. WELKER. If my colleague will we were remiss in not finding all the olutions of censure being submitted only yield further, since I have been a Mem­ occasions on which a resolution of cen­ four times in the history of the country, ber of the Senate I have been led to be­ sure might have been proposed and was it is a rather logical conclusion, I believe, lieve that the Senate of the United States not proposed, the counsel for the Sena­ which people can talk about, that per­ governs itself in a pattern of tradition tor might have suggested that. But, in haps a controversial Senator was, in fact, and precedent. As a matter of fact, on any event, I return to what I said earlier, cited on charges, when other Senators a ledge in the Senate Chamber there are that the failure of any Member of the who have acted in the same way, have two snuffboxes which are filled daily, or, Senate to rise to an opportunity to pro­ had no complaint made against them. at least, when they need to be filled-! do pose a resolution of censure or a repri­ Mr. CASE. Will the Senator from not think anyone uses them any more­ mand of some sort does not, of course, Idaho advise me whether or not a reso­ by a deputy Sergeant at Arms. The destroy the right to exercise it at a later lution of censure was predicated upon .snuffboxes represent tradition and date. the incident to which he has just re­ precedent. Mr. · WELKER. Does the Senator ferred? mean that someone can present a reso­ Mr. WELKER. No. The Senator Did the select committee pay any ·at­ lution of censure against the great for­ knows, as well as I do, that in the entire tention whatsoever to the vicious state­ mer Senator from Texas who is now in history of the Senate only three were in­ ments made by my friend, the great for­ p'eaceful retirement, which we hope will troduced prior to this one. I expect to go mer Senator from Texas, who is now in be long and happy? into this subject at length in what I think peaceful and happy retirement, when it Mr. CASE. I suppose a Senator can will be a legal brief, to try to show to my considered this proposal to censure the ~ubmit any resolution he wishes to offer. distinguished colleagues that the select junior Senator from Wisconsin? · I do not think such a resolution would committee did not follow precedents and Mr. CASE. Mr . .President, the_select receive any consideration, because there did not follow the law. But I shall not go committee did not initiate the charges wo.uld be no point in considering it. into that part of the question now. involved in the matters referred to it. Mr. WELKER. Mr. President, if the Mr. CASE. No precedent was created Obviously, we did not initiate others~ Senator from South Dakota will yield unless an issue was raised. 15970 CONGRESSIONAL RECORD-. SENATE November 11 . Mr. WELKER. . What does the Sena­ if that rule is to be· enforced, I shall have mgton Star, I believe, that he ~as tired tor mean? to insist that the Senator from Idaho of sitting on committees and having con­ Mr. CASE. No precedent was created, confine himself to asking questions. fidential information imparted to him in so far as a decision, ruling, or action of Mr. WELKER. I ·am sorry to have secret, and. marked secret, only to read the Senate was concerned, unless the is­ digressed. I was trying to make my it in certain newspaper items and col­ sue was raised .or unless the point was statement in the form of a question. · I unins throughout the hind. · Did the Sen­ challenged. That is how a precedent is am sorry if I am subject to censure. ator hear that statement discussed by established. Did the distinguished Senator from · the staff or the committee? The staff investigated instances in North Dakota observe in the committee Mr. C#'E. No; I did not hear it dis­ which the Senate or a committee had hearings- cussed by the staff or the committee. So taken cognizance of a situation. But . Mr. CASE. Let us correct that-­ far as that is concerned, I might say that certainly the junior Senator from Idaho, South Dakota, please. I have shared that feeling, and I think judicial-minded and fair as he is, does Mr. WELKER. I am sorry. Can the most Members of Congress at one time not wish to give the impression that the Senator from South Dakota say whether or another have felt a certain sense of select committee had anything whatso­ the committee, when they were delib­ frustration when they have read in the ever to do with initiating this particular erating upon what brought disrepute to newspapers information which had been resolution. the Senate of the United States, consider imparted to them as classified or secret. Mr. WELKER. I certainly know that, filibusters, which require sitting during Mr. WELKER. Mr. President, I shall and I do not desire such an inference to long and unusual hours of the night, conclude after I ask a few more be drawn at all. and of which many persons disapprove? ,questions. Would the Senator from South Dakota I do not suppose that subject was con­ Did the Senator from South Dakota, mind telling me who it is on his left with sidered by the select committee. Cer­ the select committee, and the staff, in whom he is talking? I have not met the tainly no resolution of censure was rec­ their deliberations with respect to the gentleman. ommended on that matter; but any one Zwicker incident, have brought to their Mr. CASE. The gentleman to my left who goes back into history will find that attention anything having to do with the is Mr. Guy G. de Furia, assistant counsel some lengthy debates have taken place, cross-examination of, not a brigadier to the select committee. which certainly must have brought the general but a lieutenant general, of the Mr. WELKER. Very well. Senate of the United States into dis­ United States Army in the Foreign Re­ The Senator from Soutp Dakota says repute. lations Committee when the St. Law­ that since the issue was not raised no Mr. CASE. That may be, but I think rence Seaway question was being precedent was set. I will ask him if it the question of filibuster involves prece­ discussed? is not true that the first two precedents dents in quite another field. I do not Mr. CASE. Not that I know of. in the history of our country were based know that a filibuster would be covered Mr. WELKER. Once again I should upon violent, vicious language, and a fist by any rule or precedent related to the like to say, if the Senator from South fight, and one, if I remember correctly, immediate issue before the Senate. Dakota will ·yield. for an observation-­ involved a gun fight. Certainly there Mr. WELKER. I believe that some­ Mr. CASE. I yield, if I do not lose the was the issue of violent, vicious lan­ times a filibuster has been called merely :floor. guage, and that set a precedent. a lengthy debate; but. I am certain that Mr. WELKER. I have nothing de­ Mr. CASE. I think the Senator from .the Senator from South Dakota and I rogatory to say about the former Sen­ Idaho is correct. are agreed that filibusters in the Senate ator to whom I am about to refer. I Mr. WELKER. I think a person can are not infrequent. bave been engaged in trial work for a be hurt just as much by violent, abusive If I understand the argument of the long time. I know how difficult it is to language as he can by having pulled on distinguished Senator from South Da­ cross examine effectively. It is the hard­ him a 3-inch pocketknife, even though kota correctly, he dissented from the est part of any work connected with the there be no intention of using the knife. other members of the select committee practice of law. I desire to have the Mr. CASE. We are agreed on that. with respect to the matter of the use members of the select committee un­ Mr. WELKER. I recall another inci­ of confidential or secret information. derstand that, to my knowledge, the jun­ dent, which does not have to do with the Mr. CASE. Let me put it this way­ ior Senator from Wisconsin does not precedents set by the legislative body. with respect to the categories relating even know of any of the questions I As I recall, on March 17, when some to classification or solicitation, or alleged have propounded to the Senator from committee--perhaps it was the commit­ solicitation of classified documents, and .South Dakota today. They have in no tee of which the distinguished senior their alleged misuse, the Senator from way been fed to me. I have drawn up Senator from Indiana [Mr. CAPEHART] South Dakota very firmly, so far as he these questions as a result of my own is chairman-brought out the fact that was concerned, was opposed to a recom­ res~arch. Maj. Gen. Roderick Allen had used some mendation of censure. For the reasons With that preface, I now refer to pages Government lumber with which to have which I set forth rather definitely in my 485 and 486 of the hearings of a Sen­ built for him a doghouse, the very able remarks earlier during the day, the com­ ate committee, found in the Senate li­ and distinguished President of the United mittee did not recommend censure on brary, volume 1006, 1952, part 4, pages States said that General Allen ought to either of those points. I was not alone 486, 48"7, and 489. The following col­ live in the doghouse. That is not a in that position-my reasons or grounds loquy took place: precedent for the Senate. But, in my may not have been exactly those of The CHAmMAN- humble opinion, we should realize that ·others. · we do not live in glass houses when we Mr. WELKER. For what I am about I am referring to the able and distin­ undertake to make rules only for 96 Sen­ to say, I perhaps should apologize to the guished chairman of the Foreign Rela­ ators. In these days, through the press. Senate, though I do not know why I tions Committee at that time, the re­ radio, and television, the American peo­ should, because the Senator to whom I tired and great Senator from Texas, Sen­ ple whom we represent acquire knowl­ am about to refer is one of my dearest, ator Qonnally-. edge of statements made by everyone in closest friends, not only in the political Qo you think the, United States is in dan- public office, including Senators and Rep­ field, even though we are of opposite po­ ger of becoming a secondary Nation? General PICK. Yes, sir. res~ntatives_, and by many persons in litical faiths, but also personally, on and The CHAIRMAN. You do? private life. off the :floor of the Senate; and our wives General PicK. Yes, sir. The PRESIDING OFFICER. The are mutually fond of each other. I speak The CHAIRMAN. You are Chief of Engineers Chair must rule that the Senator from with respect to the publicity received by and a lieutenant general in the Army? South Dakota has .yielded only for a ques­ the distinguished senior Senator from General PICK. Yes, sir. tion, as the Chair understands. Colorado [Mr. JoHNSON], who was a The CHAIRMAN. You think we are on the Mr. CASE. I have no desire to cut off member of the select committee, when it . skids and we will be a secondary Nation if ·the Senator from Idaho. I would not was alleged that he had released for the we do nRD- SENATE November 11 reported, and which the Congress passed, Daniel, Adjutant General, by order of · Mr. CAPEHART. He had no choice designed to correct and prevent such the Secretary of the Army, dated Janu­ in the matter. Does the Senator know instances in the future. ary 18, 1954, the subject of which is, Re­ why he refused to tell the McCarthy Let me say here that that was one lief From Active Duty and Separation committee on that day who it was who of the things I had in mind the other From the Service. It is directed to the ordered him to discharge Peress, and day when I said I applauded the junior commanding general, First Army; and who it was who gave him the promotion? Senator from Wisconsin for his efforts it is the order of discharge for Major Mr. CASE. He had supplied a copy and for some dmmatic results. I think Peress. It appears in the printed rec­ of the order in the hearings. one of the dramatic results growing out ord, at page 454 of part I. Mr. CAPEHART. Prior to that time? of his work was the improvement of Mr. CAPEHART. My question is, Did Mr. CASE. Prior to the incident which some of the procedures of the Army the Senator from South Dakota ascer­ occurred; yes. in dealing with cases of that kind. tain from General Zwicker who ordered Mr. McCARTHY. Mr. President, may Mr. CAPEHART. Did the committee -him to promote or to discharge Major I interrupt at this point? establish the fact that General Zwicker Peress? Mr. CAPEHART. I do not have the and the Army knew that Peress had hid­ Mr. CASE. I think General Zwicker floor, but I should like to have this ques­ den behind the fifth amendment, when submitted to the junior Senator from tion straightened out. he was asked by Senator McCARTHY's Wisconsin a copy of the order, at the Mr. CASE. I yield to the junior Sen­ committee whether he, Peress, was or time. ator from Wisconsin. had been a Communist? Did the select Mr. CAPEHART. It was a general Mr. McCARTHY. I ask the Senator committee establish the fact that they order, was it not? to yield only for the purpose of answer­ knew it? Mr. CASE. No; it was a specific order ing that question. Mr. CASE. We did not establish the relating to Maj. Irving Peress. General Zwicker appeared before the fact that General Zwicker knew of his - Mr. CAPEHART. I a~ trying to find committee. He was asked if he knew own knowledge that Peres.S was a so­ out-and I think the American people who was responsible for the honorable called fifth-amendment Communist be­ are vitally interested in it-who in the discharge. It is all a matter of record. fore the McCarthy committee. In that Army ordered the promotion of Major He said "No." He was asked whether he instance we relied upon the testimony Peress and who ordered his honorable was interested. He said "No." He was which General Zwicker gave before the discharge. asked whether he tried to find out who Subcommittee on Investigations. As Mr. CASE. It was someone-·- was responsible. He said "No." He was nearly as I recall-and if I am not cor­ Mr. CAPEHART. The Zwicker in­ asked-if I may give further information rect about th.is, I hope some other Mem·­ cident, as I understand, is what started on the subject in answer to the question, ber will correct me-General Zwicker the so-called Army-McCarthy hearings. because I have been very close to this indicated he had read certain things Major Peress was, as I understand, an subject-whether or not, . if Peress were in the newspapers or had heard certain alleged Communist, and refused to tes­ guilty of some minor misdemeanor such things on the radio, but that when it· tify before the McCarthy committee, as stealing a few dollars, he could have came to answering a question which in­ and hid behind the fifth amendment. held up his discharge. He said yes, he volved the reflecting of information But after that date he was given an not only could, but would. After cross which was in the restricted files, he de­ honorable discharge. Who was it who examination, he first denied and finally clined to answer. gave it to him, and was he compelled to admitted that he knew that this man Mr. CAPEHART. Did the Senator give it to him under the law? was there · was a fifth-amendment Communist. I from South Dakota or the select com­ no choice? Was he compelled to do it intend to go into that subject later in mittee establish the fact that Peress did under the law? questioning the Senator from South appear before the so-called McCarthy Mr. CASE. General Zwicker had no Dakota. committee and did refuse to answer: choice. He had the direct order to issue Mr. CASE. First of all, let me say that Mr. CASE. Oh, we ·accepted that. I the discharge not later than 90 days according to my understanding of the believe that in the hearings the Senator from receipt of the order. parliamentary situation, the second from Indiana will find a portion of the Mr. CAPEHART. Is it not a fact-­ amendment to the resolution is not pend­ testimony before the McCarthy com­ Mr. CASE. The order further pro­ ing before the Senat.e at this time. The mittee. vided: . pending question is the amendment to Mr. CAPEHART. Did the Senator 2. Individual or extract orders will be is­ section 1 of the resolution, and that has from South Dakota or his committee sued by direction of the President citing sec­ to do with the category of charges in­ establish it as a fact? tion 4 (b), Public Law 84, 83d Congress, as volving abuse of committees or members Mr. CASE. We accepted it as a fact, amended. Relief from active duty and dis­ ·of committees. The whole Zwicker on the basis of the testimony before the charge will be effective upon expiration of authorized rail travel time from place of sep­ matter is involved in the second amend­ McCarthy committee. aration to home of record. Orders directing ment. If we reach that subject at some Mr. CAPEHART. Was the committee issuance of DD Form 214 and DD Form 256A stage in our deliberations, I think mem­ able to ascertain who in the Army or­ will provide for payment of mileage and bers of the committee will discuss it in dered Major Peress promoted and who lump-sum payment for unused leave. some detail. However, lest there be ordered him honorably discharged? 3. Separation forms will be completed and some misunderstanding based upon the Mr. CASE. The question before our forwarded via registered mail to officer after .review which the junior Senator from committee was not one of determining his separation (SR 135-175-5). 4. All commissions held by him wlll be Wisconsin has made, and which is im- who ordered the discharge or who or­ terminated on effective date of discharge plicit in the questions asked by the Sen­ dered the promotion or who prescribed and he wm not be tendered a reappointment ator from Indiana, let me simply say at the regulation under which the promo­ in the USAR except by authority of the De­ this time that I think the full story will tion occurred. The matter referred to partment of the Army. Two copies of sepa­ disclose several phases of the matter; us was the propriety of the remarks of ration orders will be furnished to the Ad­ and while I think what the junior Sen­ the junior Senator from Wisconsin with jutant General, Department of the Army, ator from Wisconsin has said is correct, reference to General Zwicker. Our job Attention: AGPO-SC in addition to distri­ so far as it goes, there are some other was· not to redo the work of the Sub­ bution required by SR 310-110-1 and SR aspects which bear upon the question. committee on Investigations. 135-175-5. 5. Officer wlli not be separated prior to For example-and I mention only one Mr. CAPEHART. Did the Senator determination that he is physically qualified example-it· is my recollection that in from South Dakota make any effort to for separation. by your headquarters. A ·the testimony of Gener.al Zwicker it de­ establish whether General Zwicker did prompt report will be made to this office in veloped that he had been in communica­ or did not know who ordered him to give .the event action cannot be taken without tion with the First Army in New York Peress an honorable discharge or to pro­ undue delay. and had indicated that he was not enthu­ mote him; and did he know that of his By order of the Secretary of the Army: -siastic about having a suspected Com­ own knowledge, when he appeared be­ R. C. McDANIEL, ·munist in his command; and further­ fore the McCarthy committee in execu­ Adjutant General. -more, that at the outset of the whole tive session? In any event, it was a superior_of Gen­ matter it was General Zwicker who sup­ Mr. CASE. Mr. President, I have in eral Zwicker's, and I think General plied an investigator for Senator Mc­ my hand an order signed by R. C. Me- Zwicker had no choice in the matter. CARTHY's committee with the name of 1954 CONGRESSIONAL RECORD- SEN·ATE 15973 Peress, and who identified the major who tion and who ordered the honorable dis­ . Under the rules of the House, as I re­ was under suspicion. But again, I .charge. He said: call, any Member may introduce such a readily concede that what I have just I respectfully decline to answer, Mr. Chair­ resolution of inquiry. No matter how stated represents only fragments of the man, on the grounds of the directive, Presi­ humble a Member of the House he may whole story; and so far as I am con­ dential directive, which, in my interpreta­ be, the resolution must be reported back cerned, I prefer not to go into the Zwick­ tion, will not permit me to answer that to the House within 7 days, or the Mem­ er matter in any detail at this time. It question. ber, as a matter of right and privilege, . it not before the Senate, under the pend­ That directive was issued by President may demand consideration of it. ing amendment. Truman many months ago. That was The resolution of inquiry in the House Mr. CAPEHART. Is it one of the what prompted the junior Senator from of Representatives can call upon the grounds for censure? Wisconsin to make the statement which executive branch of the Government to Mr. CASE. Let me invite the atten­ he made later, if I correctly understand. supply the House with such information tion of the very able Senator from In­ He was unable to find out who ordered as is consistent with the security of the diana to the fact that the Flanders reso­ these t:1ings, which I shall not repeat. United States, and can spell out in de­ lution as it is before the Senate embodies My question is, Is the committee or the tail the information that is desired. two amendments proposed by the com­ Senate going to find out who ordered While it is true that a majority of the mittee. The . first amendment, the one the honorable discharge, and are we House, if it sees fit to do so, can move to now pending, deals with the alleged de­ entitled to know? table such a resolution, the fact remains rogatory remarks with reference to a Mr. CASE. I think that is a question that the humblest Member of the House committee or members of the committee. which might well be pursued. It is not of Representatives may introduce such a Until that amendment is disposed of, the a question which was within the respon­ resolution of inquiry, and as a matter of second amendment, dealing with the sibility of this committee. The Senator right can. get it considered by that body. Zwicker matter, is not pending. began his question by asking whether Mr. CAPEHART. Mr. President, will Mr. CAPEHART. It is not pending, the committee did anything about the the Senator yield? but I see no reason why we should not situation in which General Zwicker de­ Mr. CASE. In a moment I shall be discuss it. clined to answer something because of a happy to yield. Mr. CASE. That may be, but I am not Presidential directive. My answer to So I say that I believe one of the con­ prepared to go into it in any detail at that part of the question is "Yes"; and structive results that may come out of this time. I invite the attention of the Senator to this unhappy situation is what I have Mr. CAPEHART. We will go into it page 39 of the report, wherein the com­ suggested, namely, that the majority later. mitt~e made a recommendation under leader and the minority leader might un­ I wish to say this-- the heading of "Conclusions." While it dertake to take some such step as is rec­ appears under category 2, it has a ommended in the paragraph which has The PRESIDING OFFICER. Does the been read, namely, arrange a meeting of Senator from South Dakota yield to the broader application than category 2. The conclusion to which I invite the the chairmen and the ranking minority Senator from Indiana? members of the standing committees of Mr. CASE. I yield for a question. Senator's attention reads as follows: The committee recommends that the lead­ the Senate with the responsible depart­ Mr. CAPEHART. I will put it in the ership of the Senate endeavor to arrange a ment heads in the executive branch of form of a question if I must. meeting o1: the chairman and the ranking the Government, in an effort to clarify · Does not the Senator believe that the minority members of the standing commit­ and improve the mechanisms for getting American people are very much con­ tees of the Senate with responsible depart­ such restricted information as the Sen­ cerned about who it was who ordered this mental heads in the executive branch of the ate committees would find helpful in car­ officer honorably discharged, and who it Government in an effort to clarify the mech­ rying out their duly authorized func­ was who gave him a promotion after it anisms for obtaining such restricted infor­ mation as Senate committees would find tions and responsibilities. had been definitely established 'that he helpful in carrying out their duly authorized That suggestion was prompted partly was an alleged Communist, and that he !unctions and responsibilities. by the fact that during our consideration had refused before a committee of the . of the matters before the committee, United States Congress to answer the Mr. CAPEHART. I have one other counsel for the committee, Mr. Chadwick, question as to whether he was or was question, if the Senator will yield. who perhaps has not been given as much not, or ever had been, connected with a Mr. CASE. I have stated that some recognition for his fine services to the communistic organization? other members of the select committee committee as he is entitled to receive, Mr. CASE. I will say to the Senator had much to do with certain phases of called the attention of the committee to from Indiana that-! am interested, and the report. For the particular para­ the fact that in all of the Presidential I think the American people are graph which has been read, I am willing directives, whether they were directives interested. to accept responsibility. issued by President Truman, or modifica­ Mr. CAPEHART. I knew the able Sen­ I wish to say to the Members of the tions or changes issued by President ator was, and I think every other Sena­ Senate, as I stated to the members of Eisenhower, there is provided an escape tor is interested in it. the select committee, I believe that one clause, a procedure, deficient though it Mr. CASE. But I must remind the of the constructive results that might might be, by which we might ask for Senator that that particular inquiry was well come out of this wholly unhappy information. not referred to our committee. It is affair is an improvement in the mech­ I am also aware of the fact that in within the province of the committee of anisms by which the Senate may obtain some of the matters that were brought to the junior Senator from Wisconsin·; and information for Members of the Senate, our attention by Mr. Williams, the very if collaterally we can develop any help­ or for its committees, or for the Senate able counsel for the junior Senator from ful information by reason of any in­ as a whole, when we feel that such infor­ Wisconsin,· as well as a matter upon quiries he may have set in motion, I as­ mation might be useful in dealing with which the Vice President spoke when he sure the Senator from Indiana and the questions upon which we are called upon was a Member of the House of Repre­ junior Senator from Wisconsin that such to legislate. sentatives, and in other instances of that information as we may collaterally de­ The House of Representatives has one character, there have been special reso­ vela~ either as a committee or as indi­ special procedure under which I believe lutions or motions asking for informa­ vidual Senators, will be made available. it has a distinct advantage over the tion. Senate. There is a practice in the House Mr. CAPEHART~ 'Mr. President, will It is the feeling of. the committee and of Representatives providing for a reso­ it is my feeling that to the extent these ~he Senator yield for a further question? lution of inquiry which has been long Mr. CASE. I yield. directives in themselves provide a mech­ established in the history of the British anism for obtaining restricted informa­ . Mr. CAPEHART. I. wonder what the House of Commons. It is a practice un­ tion, they ought to be utilized. How­ committee ·did with respect to certain der which any Member of the House of ever, it was also ~Y feeling, ~nd I be­ testimony. I read now from General Representatives may require considera­ lieve the feeling of the committee, that Zwicker's testimony, when he was asked tion of a resolution asking for specific existing mechanisms are deficient and about the - matter we have been dis­ information from the executive branch inadequate. Therefore the committee cussing, as to who ordered the promo- of' the Goveriunent. · included in its recon1mendations the . C--1005 15974 CONGRESSIONAL RECORD- SENATE November 11 paragraph to which I have invited at­ "'Mr. CoHN. You certainly feel that that in­ South Dakota or of any other member of tention. formation would not reflect unfavorably on the committee. you; is that correct? I thank the distinguished Senator from "General ZWICKER. Definitely not. Mr. CASE. I do not think that was Indiana for raising that point, because "Mr. CoHN. And would not reflect unfavor­ the responsibility of the committee. heretofore that particular matter has not ably on a number of other people at Kilmer That matter was not referred to. But been referred to in our deliberations. I and the First Army? within my knowledge the Secretary of am glad he has given us this opportu­ "General ZWICKER. Definitely not. the Defense Department indicated to nity to discuss it. "The CHAIRMAN. It wou!d reflect unfavor­ the Committee on Armed Services that · Mr. CAPEHART. Mr. President, will ably on some of them, of course. it was the decision of the Judge Advo­ "General ZwicKER. That I can't answer, the Senator yield for another question? sir. I don't know." cate General that there was no basis on Mr. CASE. I am glad to yield for a which they could -court-martial Peress question. I thought that ought to be made a part successfully, and that led to the dis­ Mr. CAPEHART. Did the committee of the RECORD, to show the general's at­ charge. give consideration to the fact that this titude. Mr. CAPEHART. In other words, individual, Peress, did appear before the Mr. CAPEHART. I should like to read they felt that under the law they had no McCarthy committee, and that he had from page 154 of the hearings before the choice? refused to answer the question as to Permanent Subcommittee on Investiga­ Mr. CASE. Under the application of whether he was or was not a Commu­ tions on Senate Resolution 189: the regulations and law applicable at nist and hid behind the fifth amend­ The CHAIRMAN- the time that Peress came in. that later General Zwicker, who me~t; That refers to the junior Senator from Mr. McCARTHY. Mr. President, may discharged Peress-at least General I interrupt the Senator from Indiana? Zwicker was the immediate command­ Wisconsin [Mr. McCARTHY]- The CHAIRMAN. Have you tried to find out Mr. CAPEHART. I do not have the er-- who is responsible? floor. Mr. CASE. He was in command of Mr. McCARTHY. Mr. President, will the separation center. He was discharg­ He meant who was responsible for or­ the Senator from South Dakota yield? ing thousands. dering an honorable discharge for Mr. CASE. I yield. Mr. CAPEHART. Peress was -then Peress. Mr. McCARTHY. Section 1001 of the given an honorable discharge, and he was General ZWICKER. Who signed this order? Criminal Code provides that a person given a promotion. Did the committee The CHAIRMAN. Who was responsible for who gives false information to a Federal take into consideration that possibly any the order? General ZwiCKER. No, sir; I have not. agency, such as Peress gave, is subject human being, having had such a man to criminal prosecution and penalty up before him, who refused to say whether The CHAIRMAN. Are you curious? General ZWICKER. Frankly, no. to 5 years. Significar~tly, the regulations he was or was not a Communist, and provide that unless the penalty is more then at a later date, but not too late Would that not provoke the Senator than 5 years the Army loses jurisdiction a date, had before him a brigadier gen­ from South Dakota or any other Senator, when a man is discharged. That is one eral who, when asked who had ordered knowing that this man Peress was an of the things that irritated me a great him to promote Peress and who had or- alleged Communist and that he had re­ deal. Does the Senator follow me? . dered him to give Peress an honorable fused to say whether he was or was not Mr. CASE. I do follow the Senator. discharge, refused to answer that ques­ a Communist, and was hiding behind tion, might have been provoked, or lost the fifth amendment? Mr. McCARTHY. Let me repeat, if his temper? Did the committee take Mr. CASE. Mr. President, again I I may. Section 1001-- that into consideration? think we have taken a single exchange The PRESIDING OFFICER. If the Mr. CASE. I see my colleague the out of a long story. I believe that when Chair may interrupt at this point, does Senator from Kansas [Mr. CARLSON] on the time comes to give consideration to the Senator from South Dakota yield his feet. Perhaps he has a contribution the Zwicker matter, Senators should to the Senator from Wisconsin for the to make on this point. read the entire exchange in the Peress purpose of making a statement? Mr. CARLSON. If the Senator from hearings, starting with the time when the Mr. CASE. I do, Mr. President, with South Dakota will yield, in view of the junior Senator from Wisconsin, as chair­ the reservation that I shall not lose the questions asked by the distinguished man of the subcommittee, addressed floor. I ask unanimous consent that I Senator from Indiana, I believe the himself to John Adams, who was coun­ may yield to the Senator from Wisconsin RECORD ought to be made clear as to sel for the Secretary of the Army, and for that purpose. General Zwicker's position in the Peress following clear on through the testi­ The PRESIDING OFFICER. Without case. I shall quote from page 507 of the mony, in order to get the full story. The objection, it is so ordered. hearings. General Zwicker had been on fact is, as the Senator from Indiana must Mr. McCARTHY. Mr. President, let the stand before our committee, under be aware, there is such a thing as in­ me point out that section 1001 of the very spirited and good questioning by the subordination in the Army. If a man Criminal Code provides that where a distinguished counsel, Mr. Williams. At in the Army receives an order, it is not man gives false information, such as the bottom of page 507 our chairman, the exactly up to him to determine who Peress gave when he applied for his distinguished Senator from Utah [Mr. somewhere back up the line initiated the commission, signing a statement saying WATKINS], stated: order, and for the person who receives that he belonged to no subversive the order to be put in a position of being group-- The CHAIRMAN. In fairness to you, prob­ ably we ought to bring to the attention now required to say that the man who initi­ Mr. CASE. Mr. President, may I of the committee this testimony appearing ated the order ought to be separated ask-- on page 146: from the military service, places him di­ Mr. McCARTHY. The Senator from "Mr. CoHN. Now, General, would you like rectly in such a situation that he would South Dakota has been very courteous to be able to tell us exactly what happened in be liable to court-martial for insubordi­ all along. that case, and what steps you took and nation. Mr. CASE. Did Peress say he was not others took, down at Kilmer to take action Mr. CAPEHART. Mr. President, will against Peress a long time before action was a member at the time when he applied finally forced by the committee? the Senator yield? for his commission, or did he simply fail "General ZWICKER. That is a toughie." Mr. CASE. I want to yield fully, but to fill out all the answers? Do you find it? I hope the Senator will permit me to Mr. McCARTHY. We sent the gen­ General ZWICKER. Yes, sir; I do. make a reasonable amount of comment. eral a photostatic copy of what he signed, The CHAIRMAN. To continue: I have made my comment. which said that he belonged to no or­ "Mr. CoHN. All I am asking you now is if you could, if you were at liberty to do so, Mr. CAPEHART. The question is, Has ganization which advocated the over­ would you like to be in a position to tell us the Senator's committee or any commit­ throw of this Government by force or that story? tee of this body made any effort to find violence. We sent it by an agent of the "General ZWICKER. Well, may I say that out or has it been able to find out who New York police department. He was ff I were in a position to do so, I would be it was who ordered this officer promoted not a regular member of the party, but perfectly glad to give the committee any in­ and given an honorable discharge? I he-was a member of the school and knew formation that they desired. am not being critical of the Senator from what they stood for. 1954 - CONGRESSIONAL RECORD--- -sENATE 15975 So-there was a· situation where a man Mr. McCARTHY. Mr. President, I mittee would not make recommenda­ was liable to serve 5 years; and the sig­ tried to clear this up when the chair­ tions. nificant thing about the situation was man of the committee was on the :floor. Mr. McCARTHY. I am sorry; I that in a matter of hours, under the We were unsuccessful in doing that. missed what the Senator from Utah Army regulations and under the law, I find on page 30 of tne report the fol­ said. they could not court-martial him for lowing language: Mr. WATKINS. I said I did not make any offense unless it involved more than Any Senator has the right to question, any statement that the committee would 5 years. This offense called for exactly criticize, differ from, or condemn an otiicial not make any recommendations. I did 5 years. They could not court-martial action of the body of which he is a member not say what we would do as to making him after discharge. They could have or of the constituent committees which are a report. I said the committee would court-martialed him before discharge. working arms of the Senate in proper lan­ go along and make recommendations as So we had the very unusual situation of guage. we determined at the time. someone in the Army deliberately remov­ So, in other words, apparently the Mr. McCARTHY. I will call the at­ ing this man from the jurisdiction of committee agrees with me that one can tention of the Senator from Utah, if and court-martial proceedings because of criticize the committee. when he takes the floor, to the date and that particular law. We were question­ Mr. CASE. In proper language. the page in the hearings when he told ing General Zwicker about that. It is Mr. McCARTHY. In proper language. my counsel, when my counsel was ques­ all a matter of record, and it has also If a committee is unfair, it is proper tioning the impartiality and prejudice of been brought to the attention of the language to say it is unfair. Is that the members of the committee, that it Watkins committee. correct? was not important to be impartial-! Mr. CASE. Mr. .President, I may say Mr. CASE. Yes; I think that is cor­ am not quoting the Senator verbatim, .that I share with the Senator from Wis­ rect. May I say that I think it is im­ but in effect-because the committee in­ consin a feeling of remorse and a certain plicit, as I tried to suggest yesterday, tended only to find facts. sense of shame if the procedures in the that the right is subject to challenge. We are now getting off onto a side Peress case cannot be ferreted out so Once upon a time in my newspaper issue. I hope the Senator from Utah that all that happened in connection experience I was the defendant in a libel will take the floor. He assumed the with it can be fully placed before the suit. I am not a lawyer, as the Senator chairmanship of the committee. I think American people in due time. At the knows. If I learned anything about the that, having done so, he has assumed ~arne time, the responsibility to ferret law, it was when about $15,000 was at the obligation to answer any questions it out was not the responsibility of the stake for a young, struggling newspaper which I might wish to ask about this select committee, and the conduct of the man. That was a lot of money, in my important matter. Senator from Wiscor..sin with respect to vocabulary, at that time. But the one In view of the fact that the junior 'General Zwicker must stand or fall upon thing which was brought out, that I have Senator from South Dakota and I the things for which General Zwicker remembered ever since, was that the agree-and apparently the Senator be­ can be held accountable. There was truth is a proper defense to a charge of lieves-that a committee can be criti­ nothing brought to our attention which libel. cized if it has actually engaged in im­ would indicate that General Zwicker was Mr. McCARTHY. The Senator is cor­ proper conduct- responsible in the sense of initiating the rect. Mr. CASE. I think that can be done. discharge or the promotion. · Mr. CASE. So if a charge or a state­ -I think one is responsible for what he . Mr. McCARTHY. May I say to the ment should be against a committee or says about it. We go back to the crucial Senator, as I commence my questions, against a member of a committee, and question which was suggested in the that I hesitate in questioning the Sena­ the charge were true, certainly, I do not memorandum brief of the Senator's tor from South Dakota. I know that if I counsel, namely, Is the language deroga­ ask him any questions, tomorrow morn­ think that censure would stand. Mr. MCCARTHY. Let us not speak tory, and does it tend to obstruct the ing I will read in the left-wing press now of any present committee of the legislative processes of the Senate? that I made an attack upon the Senator Mr. McCARTHY. Regardless of how from South Dakota. I hope all Senators Senate. Let us assume that in 1965, there is a Senate committee which is .derogatory it might be, if the statement will listen to what is said here today and is true, the Senator and I agree that it compare ·it with the reports in the left­ completely corrupt and completely dis­ honest. may be said and should be said. wing press, because I have no intention Mr. CASE. I do agree. of making any attack upon the Senator. Mr. CASE. I hope there will then be men with the courage of the junior Sen­ Mr. McCARTHY. I call the Senator's I think he has _made a very scholarly attention to the fact that the committee presentation. I disagree with many of ator from Wisconsin to stand up and say so. was acting, in effect, as a jury, because it the things he said, but I think he is sin­ made recommendations. One Senator, cere. . Mr. McCARTHY. I thank the Sen­ ator. We are agreed that if a commit­ the distinguished junior Senator from Mr. CASE. Mr. President, before the Florida [Mr. SMATHERS], has said that Senator addresses himself to the ques­ tee is performing improper acts, a Sen­ ator can say so. once the committee had made its recom­ tions, I wish to express my appreciation mendations, he would follow those rec­ of the attitude which the Senator has I now call the Senator's attention to the fact that a resolution was referred ommendations;_ that if the committee ·just stated. I do appreciate it, and I can recommended in my favor, he would fol­ assure him that any questions he may to the select committee on the question low that recommendation; that if the ask I shall be glad to answer, if it is of whether McCARTHY should be cen.:. committee recommended against me, he within my power to answer them. sured. The committee originally stated, through the mouth of the chairman, that would follow that recommendation. Mr. McCARTHY. I have a series of I call attention to the ruling of the questions which I think are extremely no recommendations would be made; Chair, which appears on page 296 of the important to the Senate, not only as to that only facts would be found. Later hearings. The Chair ruled that I could 1954, but as to 1960, 1970, and 1980. that decision was changed, and there not produce any evidence to justify what They have nothing whatsoever to do were recommendations for censure. I had said. In other words, I ·had made with McCARTHY. I think McCARTHY is a I observe the chairman of the com­ strong statements about- completely insignificant :figure in this mittee, the senior Senator from Utah, (At this point a child cried out in the controversy. rising. Apparently he disagrees with my galleries.) Mr. CASE. As I said earlier, I, too, statement. I think he should be ac­ Mr. McCARTHY. Mr. President, I do feel that this matter concerns the Sen­ corded the :floor. not think that youngster can be gaveled ate, not only today, but for the long Mr. CASE. Mr. President, if I may into silence. future which I believe is the destiny of do so without losing my right to the The PRESIDING OFFICER (Mr. BEN­ America. The United States Senate will floor, I think I should yield to the dis­ NETT in the chair). The Chair might be in part what we make it by our delib­ tinguished Senator_from Utah. observe that the occupants of the gal­ ·erations and our conduct today. In that The PRESIDING OFFICER. Without leries apparently are more interested in spirit, which the Senator from Wiscon­ objection, it is so ordered. the human cry of a youngster than they sin has also indicated, I am glad to yield Mr. WATKINS. I never made such are in some of the discussions which are for questions. a remark. I did not say that the com- taking place on the floor. 15976 CONGRESSIONAL RECORD- SENATE November 11 Mr. McCARTHY. I might say that remarkable record of being upheld by the junior Senator from Wisconsin to make youngster, so far as I am concerned, is Supreme Court. comments with respect to the rulings of perfectly welcome in the gallery, regard­ Mr. McCARTHY. I know nothing the chairman, or matters of that sort. less of how loud he cries. · [Manifesta­ about his record. I think that those comments should tions of applause in the galleries.] Mr. CASE. · Under those circum~ properly be addressed to the chairman Mr. CASE. Mr. President, I might ob­ stances, a lay member of the committee of the select committee. serve, since we are indulging in a few naturally deferred to the rulings of the Mr. McCARTHY. The chairman is observations at the moment, that I think lawyer members of the committee with not answering questions. it is a healthy thing for America that we respect to what was admissible and what Mr. WATKINS. Mr. President, will are interested in the cries of youngsters. was not admissible under the rules of the Senator yield? [Manifestations of applause in the evidence. Mr. CASE. I yield to the Senator galleries.] . I do not think it is incumbent upon me from Utah. Mr. McCARTHY. I shall start my to go into the technical questions in~ Mr. WATKINS. I read the RECORD of questioning again. The select committee volved in the admissibility of evidence, yesterday. I had answered this ques~ has recommended that I be censured, and to pass any judgment whatsoever tion. It was gone into at some length. stating that I produced no proof to jus~ upon the decision of the chairman in I pointed out what was done. I also tify my criticism of the Gillette commit~ that instance. As far as my own posi~ pointed out that we received numerous tee. It will be noted that the language tion in the rna tter is concerned, I wish exhibits in which the junior Senator of the committee was rather strong. I to repeat what I said earlier in the day. from Wisconsin criticized the commit­ refer to page 296, in which the Chair So I say again to my fellow Senators, and tee. I think we received one in which ruled out with his gavel, the gavel which I say this deliberately: the record is still the junior Senator from Wisconsin he used so often, any evidence of justi~ open. I said that with respect to the pointed out this very allegation about fication. Let me quote the language of Hendrickson question. . It is open also the witness referred to, who turned out the chairman. with respect to the Hennings . report. to be insane, and who actually did not Mr. WATKINS. At what page is that? This is the first time the Senate has had testify. The criticisms of the junior Mr. McCARTHY. It is on page 296. that matter formally before it for con~ Senator from Wisconsin were put into On that page the Chair said in his ruling, sideration, even though it is before it col~ the RECORD. What he said about the which we had to abide by: laterally. Personally I should like to committee was one of his grounds for not The only matter this committee is inter· hear the junior Senator from Wisconsin appearing before the committee. He ested in is whether a resolution had been set forth his justifications for the utter~ was permitted to do that. Then the introduced authorizing .the investigation- ances he made with respect to the invita~ junior Senator from Wisconsin was That is, the Benton investigation­ tion to appear before the committee­ asked later on for evidence of any wrong~ but I hope he will do so temperately. doing on the part of the committee, as I and second, was it being carried on, and did Mr. McCARTHY. As far as I am con~ remember the examination by com­ it have jurisdiction? cerned, I shall be glad to have any other mittee counsel. One can pick out one The Chair then continued by saying, members of the committee rise and an~ little statement- if Senators will notice the next para­ swer any of these questions, because I am Mr. McCARTHY. Mr. President, is graph, that even if the Gillette subcom~ not trying to cross-examine the very able this a question? mittee had been using insane investiga~ and fine Senator from South Dakota. I Mr. WATKINS. I have asked for per­ tors, I could not prove that; I could not am trying to bring before the· Senate mission to make the observation in re~ use that information as a ground for what happened. We now have the agree­ ply to what was just stated by the junior criticizing the subcommittee. ment that the committee has officially Senator from Wisconsin. One can pick I merely wonder how the Senator from stated that it is proper to criticize a Sen~ out one particular statement on one South Dakota, who is a fair-minded man, ate committee if a Senator is justified in particular matter and find a ruling. can reconcile the two positions: First, doing so. We also have the ruling of the Later, one will find that the objection our agreement that it is our duty to in~ chairman to the effect that I could not disappeared, and the evidence was re~ form the Senate if a committee is dis~ give the reasons why I criticized the com~ ceived. There are numerous exhibits in honest. I am not speaking about any mittee. I wish to ask every Member of which the junior Senator from Wiscon~ present -committee; let us suppose it is a the Senate, every person in the gallery, sin criticized the committee, and the committee which may exist 10 years from and the American people-when I speak gravamen of the charge that was now. The Senator from South Dakota about the gallery I speak about the made-- says it is our duty as Senators to say so. American people-what would they do if Mr. McCARTHY. When will the That is strong language. they found that a Senate committee was chairman of the committee be available But when a Senator has been called calling as a witness a man who the mem~ so that I may ask him questions? I do before a censure committee because he bers knew was insane, and who had been not like to have a statement made by has said that a subcommittee was dis­ reported to them to be insane? Here is the chairman of the committee without honest, and the censure committee says the report, and it was in the hands of the my being able to ask him questions. to the Senator, "We will not allow you to chairman of the committee. This report This is the heart of the matter. prove that the subcommJttee was dis­ stated that what this man had to say was Mr. CASE. Mr. President; I decline to honest," would the Senator from South untrue, so as far as the committee could yield further except for questions. Dakota think that the Senator who had ascertain, but that he hated a certain Mr. McCARTHY. Let me put this made such a statement had had his day Senator, and would make a good witness question to the Senator from South Da~ in court? against him. Luckily, that witness was kota: Does he not agree with me that Mr. CASE. First, let me again remind committed to an institution for the crim._ the Senator who took the responsibility the junior Senator from Wisconsin that inally insane before the subpena was is~ to preside over the committee should I have never studied law; I am not a sued. If one knew they were calling that tell me, within the next day or two, be­ lawyer. I have never served on the insane man, is there any individual who fore I must present my case, when he bench, and have never ruled on the ad~ would not feel that .he was justified in will stand up and answer questions? I missibility of evidence. The membership using the strongest language, much wonder if the Senator from South Dako~ of the select committee included three stronger than I used, in criticizing that ta will agree with me 01;1 that? Senators who have served on the bench. committee for that? We have the facts Mr. CASE. Mr. President, I fear I am The distinguished junior Senat-or from before us. There is nothing secret about being placed in the same position that North Carolina [Mr. ERVIN] had served them. They are all here. When I tried General Zwicker was. I am asked to on the Suprem_e Court of his State; the to prove those facts, the chairman of the comment on and say what the dutfes of distinguished junior Senator from Mis~ select committee banged his gavel and my superior are. I do not like to be put sissippi [Mr. STENNIS] had been a judge; said, "You can't prove them."- in that position. But my knowledge of and the distinguished chairman of the Mr. CASE. Mr. President, I am per~ -the character. of the eminent chairman committee had been a judge in Utah; fectly willing to yield for a question. I of the committee, the distinguished Sen­ and my understanding is that his rulings do not think I should yield, under the ator from Utah, is such that I am con~ on evidence in the courts of Utah had a rule of yielding for questions, for the fident that at an appropriate time he 1954 CONGRESSIONAL RECORD- SENATE 15977 will make himself available for answer­ The Senate of the United States it­ Mr. WATKINS. Does the Senator ing additional questions. However, I am self must pass the final judgment here; from South Dakota recall now that at not trying to direct his course or pre­ and, as I have indicated by my state­ different times the chairman said that scribe what he shall do. He himself is ment earlier in the day, I hope that the if the juriior Senator from Wisconsin the judge of what he wants to answer. Senator from Wisconsin will present here would submit the names of witnesses he Mr. WATKINS. Mr. President, I think any matters he thinks should be pre­ wished to call, we would give that mat­ the RECORD will show that I submitted sented. If they were not fully pre­ ter consideration? I do not recall hav­ to nearly an hour and a half of ques­ sented during the hearings, I knew then, ing the names of these two men submit­ tions yesterday. I am going to submit and so did other members, that he would ted to us. to questions, and I shall make a state­ have the floor CJf the United States Mr. CASE. That is my recollection. ment on that matter, which I think will Senate. Mr. McCARTHY. Mr. President, I be enlightening, when I get around to So far as I am concerned-and I trust should like to ask several other ques­ making my case on this question, and that is evident by the way in which I tions. I hope to do that tomorrow. There are yielded to him yesterday and by the way Mr. CASE. I yield to the junior Sen­ other Senators on the committee besides in which I have been yielding this after­ ator from Wisconsin for a question. the Senator from Utah. My rulings were noon-! want him to have the most com­ Mr. McCARTHY. The Senator from upheld by the entire committee. I some­ plete opportunity to present whatever he South Dakota said he was not aware of times wonder if I am on trial here. I wishes to present here, under the pro­ a ruling which precluded the calling of was assigned to the committee to per­ tection· of the f.ree speech which is a certain witnesses. If he will refer to form a certain task, but it appears that heritage of the United States Seriate. his report-and I have repeated this so I am on trial. It is one of those things Mr. McCARTHY. Mr. President, wlll often that I am afraid it is getting bore­ that the Senate and the committee can the Senator from South Dakota agree some, by repetition-- take judicial notice of--:-that Senator with me that it is impossible for me to Mr. CASE. What page, please? McCARTHY always tries somebody else call witnesses on the floor of the Senate? Mr. McCARTHY. Page 296, reading and never quite gets around to himself Mr. CASE. I realize that. as follows: being tried. Mr. McCARTHY. For example, let · The only matter this committee is inter­ The PRESIDING OFFICER. The me refer to Poorbaugh and Buckley, both ested in is whether a resolution had been Chair dislikes to "gavel down" the chair­ of whom were investigators for the Gil­ introduced authorizing the investigation, and man of the committee, but the Chair second, was it being carried on, and did it lette committee, and both of whom have jurisdiction. will have to rule hereafter that, without resigned, saying the committee was en­ specific unanimous consent, the Senator gaging in activities which were improper. Do we agree that Mr. Buckley, whore­ from South Dakota may not yield for So it is important. I gave that informa­ signed, and Mr. Poorbaugh, who re­ any statement without losing the floor. tion to the committee, but the chairman signed, accusing the committee of im­ Mr. McCARTHY. Mr. President, will gaveled it down. proper activities, could not have testified the Senator from South Dakota yield for Does the able Senator from South Da­ under that ruling? a question? kota agree that I had no way on earth to If one of the other members of, the Mr. CASE. I yield for a question. present that testimony before the com­ committee wishes to answer that ques­ Mr. McCARTHY. In view of the fact mittee, although the Senate appointed tion, I shall be glad to have him do so. that the committee has found that a the committee to do that work and to I think it is very important that the Senator can criticize a committee, would call the witnesses? wm. the Senator Senate have the entire picture of my . the Senator from South Dakota agree from South Dakota agree with me on being precluded from presenting a case. with me-and I address this question to that? Mr. CASE. It was my understanding all the members of the committee and to Mr. CASE. I am not aware of any that the chairman at that time was rul­ all Senators-that the. Chair's ruling, implication of the chairman's ruling ing on a proposal to introduce some­ appearing on page 296 of the hearings, which would have prevented the Sena­ thing which in his judgment was re­ wherein the Chair ruled out any justi­ tor from Wisconsin from ·calling Mr. garded as hearsay evidence. fication for the letters, precluded my pre­ Poorbaugh as a witness. · I have been under the impression that senting a case, and that, therefore, the Mr. WATKINS. Mr. President, will the chair consistently advised counsel recommendation is based solely upon the the Senator from South. ba:kota yiel~ to for the junior Senator from Wisconsin evidence brought in by Mr. De Furia and me for a question? I wish to ask a that if he wished to call witnesses, they Mr. Chadwick, plus my personal testi­ question. · would be subpenaed if a subpena was mony? Mr. McCARTHY. I wish to finish, needed to get their attendance. Mr. CASE. Mr. President, I think the if I may. Mr. McCARTHY. The committee has record will speak for itself. There were asked that I be censured for, among numerous pieces of documentary evi­ The PRESIDING OFFICER. Does the other things, writing a letter criticiz­ dence that were introduced and received, Senator from South Dakota yield; and ing the Gillette subcommittee for its including several letters from the chair­ if so, to whom? attempt to call a man who was com­ man of the Gillette-Hennings committee, Mr. McCARTHY. May I finish this mitted to a home for the mentally in­ and the replies of Senator McCARTHY line of questioning? competent. thereto. I trust that Members of the Mr. CASE. I should like to yield to Mr. CASE. I think that is putting Senate will read them and review the the chairman of my committee for a in a conclusion that was not stated. evidence which was submitted.. I do not question, and I think the Senator from Mr. McCARTHY. That is in the com­ wish to be in the position of . second Wisconsin will indulge me long enough mittee's report. guessing or in any sepse modifying the to do that. , Mr. CASE. I would not say that the ·position which I a& a member of the Mr. McCARTHY. Very well. recommendation or motion for censure , committee took in standing by the chair­ Mr. WATKINS. Is it not correct that makes any citation of that sort at all. . man as far as his rulings were concerned. the state~ent of Poorpaugh is in the Mr. McCARTHY. Oh, yes; the com­ · The practice of the committee was to r~ord? I refer to a p:re.ss release .he mittee gives the dates of the letters, and let the chairman make the rulings, and issued, and it is in the record. that is one of the letters. The commit­ we did; and ·I supported him in his rul­ Mr. CASE. I believe it is in the record-. tee identifies them. ings, and I do. But I did so in the knowl­ Mr. WATKINS. Yes, all of it is there. Let me ask this question: Does the edge-and I have previously expressed ·Mr. CASE. It is true, of course, that Senator from South Dakota think I th.is here today-that the record is still if Mr. Poorbaugh had been called before should be censured-- open, and I trust that the junior Senator the committee, he would have been sub­ Mr. CASE. Before the junior Sen­ from Wisconsin will exercise the right of ject to direct examination and cross ex­ ator from Wisconsin leaves the other a Member of the United States Senate to amination, and something further might matter, will he point out where, in the present to the Senate any material or have been developed. However, I do not recommendation of the committee, the any evidence he thinks is important to know of any ruling of the Chair which committee gives the dates of . letters the full presentation of his case. would have prevented the calling of which include the specific information to The committee was not a trial court. Poorbaugh as a witness. which he alludes? 15978 CONGRESSIONAL RECORD - . SENATE ~ November 11 Mr. McCARTHY: It is in the report, censure in conne.ction with the Lustron Mr. McCARTHY. Cannot the Senator and I will be happy to give it to the matter. and I agree-and he has been v.ery frank Senator from South Dakota. ·· Mr. McCARTHY. This has to do with most of the day, and I am not try~ng to. Mr. CASE. I do not recall it. an alleged crap. game. cross-examine him-that there is no way Mr. McCARTHY. The committee . Mr. CASE. All I know is-- on God's earth that I can bring witnesses. lists various letters-7, 8, or 9, I believe. . Mr. McCARTHY. Well, the Senator before the Senate? The place where the Mr. CASE. Letters referring to an from South Dakota can see, from read­ witnesses should have been heard was insane witness? ing it, that it has to do with an alleged before the Watkins committee; and Sen­ Mr. McCARTHY. Yes. Let me ask crap game. ator WATKINS refuses to tell us now why this question--· · · Mr. CASE. It has. something on it he gaveled us down and refused to let Mr. CASE. I shall be interested in about the Lustron affair. I do not know those witnesses come before the com­ receiving the information. any more than that about it. I did not mittee. So I ask the Senator this ques­ Mr. McCARTHY. Does the Senator read every word on the document tion: If it should appear that a commit­ from South Dakota think a Senator handed me. In any event, I want to tee was engaged in illegal activity, does should be censured for criticizing a com­ answer the question of the junior Sena­ the Senator believe that a Senator would mittee, if the committee had in its hand tor from Wisconsin as directly as pos­ be justified in criticizing that committee? a report such as the one I give the Sen-· sible. Mr. CASE. I think he would be justi­ ator from South Dakota at this time, I certainly feel that the Senator has fied-in raising the question; and if in the which the Senator from Utah [Mr. the right to present to the Senate any in­ instance before us the junior Senator WATKINS] has had? formation or evidence he may have. from Wisconsin has evidence that the Mr. WATKINS. Mr. President, will Mr. McCARTHY. That was not my committee which he criticized was en­ the Senator from South Dakota yield to question. gaging in illegal activities, I think it is me for a question? Mr. CASE. He has the right to pre­ proper for him to present the outline of Mr. McCARTHY. ·Let me finish my sent to the Senate anything which would the evidence to the Senate. I think that question, please. The Senator from deal with the character of-the matter would undoubtedly develop some re­ South Dakota yielded to me. The Sen­ covered by the Hennings committee. sponse from members of the committee, ator from Utah is very anxious to get Mr. McCARTHY. That was not my and the issue could be brought to the on his feet. He can do it after my ques­ question. The question was whether or attention of the Senate. tioning, whenever he wishes to. not the Senator feels that a Senator Furthermore, even though I think the Mr. CASE. Mr. President, I yield only would be justified in criticizing a com­ Senator did have the opportunity to ask for questions. mittee which would call a witness of this for the subpenaing of witnesses, had he Mr. McCARTHY. The Senator yield• character, knowing that he was men­ wanted them, if now he feels that there ed to me, and I should like to finish my tally unstable. In other words, was I are certain individuals who have infor­ questions. · justified in criticizing the committee? mation or competent testimony or evi­ Mr. CASE. I yielded only for a ques­ In the report it is stated that one may dence which ought to be -brought to the tion, not for a comment or for indulging criticize a committee. attention of the Senate, it would be pos-. in personalities. . Mr. CASE. Yes. sible for such evidence to be developed Mr. McCARTHY. Very well; let me Mr. McCARTHY. I do not wish to by affidavits which could be read before ask my question: Does the Senator from pursue the question any further. If the the Senate. Of course, they would be. South Dakota feel that a Senator should Senator will answer it, well and good. If subject to whatever challenge or com­ be censured for criticizing a committee not, we will drop the matter. ment the· contents might suggest to any which proposed to call a witness, after Mr. CASE. I wish to make a direct Member of the Senate. its staff had reported that the witness' answer. My answer is -that I do not Furthermore, if by reason of his out­ testimony was contradictory and uncor­ know whether the witness was received line of evidence with respect to which he roborated, that he had a great hatred by the Hennings committee or the Gil­ felt he had been deprived of the oppor­ for the one-whom we shall call the de­ lette committee, or that any reliance tunity of introducing it in any way, cer­ fendant in the case; that thereafter the whatsoever was placed upon any testi­ tain facts were outlined to the Senate, committee issued a subpena, and that mony he -offered, if he did actually offer and the Senate so desired, it could either the only reason why the man was not it. Whether or not he was called would accept such outline as a reason for de· called as a witness was that he was com­ be relatively imm.aterial. One of the !erring action upon the pending amend­ mitted? Does the Senator from South charges referred to the committee was ment. to the. resQlution, or it could take Dakota think a Senator would be justi­ that the junior Senator from Wisconsin whatever steps it thought necessary to fied in writing a letter of criticism in a had issued verbal subpenas, or had sug­ obtain such evidence. Speaking for my­ case of that kind?. gested that he was going to subpena cer­ self-and I think also for all other Mem­ Mr. CASE. Of course,-Mr. President, tain individuals, and the allegation was bers of the Senate-we do not want to in the question of the junior Senator made that that was embarrassing to do an injustice to anyone, and particu­ from Wisconsin, I think there are sev­ them because he did not follow up and larly to a Member of this body, under eral assumptions which are not actually call them. The committee regarded that these circumstances. based on evidence· before the Senate at charge as irrelevant and immaterial. Mr. McCARTHY. The Senator and I this time,· and which do· not necessarily We did not feel that because the chair­ agree that if a committee were violating come within my knowledge. man pf a comm:ittee subpenaed certain the Federal law it would not be improper The photostatic Jllaterial the junior witnesses, or announced that he was go­ to criticize that committee for violating Senator from Wisconsi:t;l presented to ing to subpen~ certain witnesses, he had the law. me makes some references to a certain to follow through and receive those wit­ Mr. CASE. . It would not. If the individual who was a manufacturer ·of nesses, or, even if he did receive them, charge of violation of law could be sus­ housing and a competitor of Lustron. pay any great attention to their evidence tained, it would not be improper. This document-wh~tever it may be and or testimony if upon examination it did Mr. McCARTHY. For the Senator!s whatever its identification may be-indi­ not seem worthy of consideration. We own information, so that he may have cates that this particular individual had saw no basis for censure in such a charge. the facts before him when he votes, I a bitter hatred of the junior Senator · Mr. McCARTHY. If a committee were should like to show him-- . from Wisconsin [Mr. McCARTHY], and engaged in illegal activities, in violating Mr. CASE. Mr. President, I shall be was mentally unstable. the Federal law, would the Senator feel glad to examine this document. How­ Of course, the Lustron matter was one that a Senator would be justified in criti­ ever-- of the items cited among the several cizing that committee?. Mr. McCARTHY. I should like to charges which were referred to our com­ : Mr. CASE. I do; and I feel that if the show the Senator what his committee mittee, but it was also 1 of the 33 we Senator has evidence showing that the had before it. If this is what the com- excluded; we did not go into the Lustron committee which he criticized was oper­ mittee had-- · matter. We eliminat-ed it. -We did not ating illegally, that is a proper thing f-or The PRESIDING OFFICER. The feel that any .evidence which came be­ him to bring to the attention of the Senator from South Dakota declines to fore the committee indicated a basis for Senate. yield for anything but a ql.Jestion. 1954 CONGRESSIONAL RECORD- SENATE 15979 Mr. McCARTHY. Very well. I ask comment or requ.est of . Senator Mc­ MASS NATURALIZATION CEREMO· this question: Does the Senator know CARTHY or his counsel. NIES ON VETERANS' DAY that item 78 of the items subpenaed by Mr. WATKINS. Does the Senator the Watkins committee showed that the know, as a matter of fact, that a subpena Mr. WATKINS. Mr. President, as Gillette committee, which I criticized­ was issued for the entire record so that chairman of the Immigration and Nat4 and the select committee asks that I be we could have it available if we needed uralization Subcommittee of the Senate censured for criticizing it-was engaged, it for reference? Judiciary Committee, I desire to take during the campaign of 1952-which was Mr. CASE. That is my understand­ official notice of the mass naturalization about 17 months after the investigation ing. I understand that the committee ceremonies that are being conducted was started-in having a mail cover not asked for certain records so that if they throughout the land today as a feature only on my mail, but on the homes of were needed for reference they would be of Veterans' Day. three of the members of the sta:fi? Item available. These new citizens are to be commend4 No. 78 was subpenaed by Senator WAT4 Mr. WATKINS. Does the Senator ed for making the e:fiort requireq to KINS and was before him. I should like to from South Dakota know it to be a fact complete requirements for citizenship in know whether the Senator from South that, in effect, we said that there were this great country, and I hope that each Dakota knew that or not, or whether it certain things which the committee had of them will always value his new na4 was kept secret from him? done, with respect to the manner in tional allegiance as a privilege and an Mr. CASE. The Senator from South which it operated, which were matters · opportunity and that each will conduct Dakota did not have any knowledge of for the committee to give consideration himself as a loyal and deserving Amer4 the thing to which the Senator refers, to? ican, ·ever faithful · to the duties and but I ask him whether he is referring to Mr. CASE. Yes. responsibilit~es of citizenship. . · item 72 in the report, or in the hearings Mr. WATKINS. And tha.t it was the The . mass naturalization ceremonies before our committee. ·- · duty of the junior Senator from Wiscon4 will remind p"eopJe "that this"country still Mr. McCARTHY. It is item 78. sin himself to come before .the commit4 opens its do_ors to many people from Mr. CASE. Is the Senator referring to tee and cooperate with respect to those other lands. · item 78 -in the report of the Hennings matters, rather than for us to try the Dur_ing the pa~t fiscal year the United Committee? entire case all over again? States admitted 208,177 immigrants, and Mr. MCCARTHY. I am referring to a Mr. CASE. Previously in my remarks administered the. oath of citizenship to list of the materials subpenaed by Sena4 on two or three occasions I have called 88,393 persons. tor WATKINS from the Gillette committee. attention to the fact that it was not our Without extending these remarks, I Item No. 78 consists of letters written by duty to evaluate the evidence considered also would like to point out that 12,797. the Gillette committee, providing for a by the Hennings committee or the visas have been issued under the refugee mail cover, which is strictly illegal under Gillette committee. . relief program and 32,940 applications the }4,ederallaw. That item was before The subject before that committee are in process. This program will con4 the select committee. That was kept was not a subject before our commit4 tinue to.be expedited until the full 214,- secret from us, and I assume it was kept tee. It was not our function to rehear 000 admissions authorized under the secret from many members of the com­ or evaluate the issues before that com4 . refugee-relief. program have been com4 mittee. I do not think the Senator knew mittee. pleted. These admissions are in excess· of that mail cover. I do not believe the Mr. WATKINS. Is it not a fact that of the regular immigration quotas under Senator from-Kansas [Mr. .- CARLSON] or · the chief purpose for admitting the tes4 our immigration laws. other members of the comnlittee knew timony at -all was to learn-whether there · It· is fitting that these patriotic cere4 of the· mail cover. I believe · that if the were serious matters which· that com4 monies_are conducted as a .· feature ef Senator knew of that illegal activity he · Inittee was considering which should-re­ Veterans' Day. .. Many of our. veterans would have felt· that I was justified in quire the attention of- the junior Sen­ obtained wives -while on military duty in . ' .. ' ·, criticizing that cemmittee. · I ask the ator fr6m -Wisconsin? · . -- .foreign lands; Others adopted foreign~ Senator this question: If he knew of that .Mr ..CASE. : At.least that was the gen­ born ·children or encouraged foreign illegal activity, would he have felt that I eral ·opinion of the committee. . families to .come to this country and es4 was justified· in criticizing that commit­ Mr. WATKINS. In other words, we tablish residence here. And all of them tee, and not coming before it unless were not trying the entire case. Is that participated in our great military e:fiorts ordered to do so? correct? to keep this country free and to help Mr. CASE. Mr. President, I have pre4 Mr. CASE. We were not trying the maintain America's international repu4 viously said that I did not feel that a Benton resolution. tation that makes so many people in the recommendation of censure would stand Mr. KNOWL.AND. Mr. President, will world desire to come here to live. upon legal grourids if it were poised upon the Senator from South Dakota yield? Hence in commending the new citi4 the question of adequate notice and re4 Mr. CASE. I am happy to yield. zens, I also commend America's veterans quest to · come before the Hennings Mr. KNOWLAND. I will say to the who contributed so much to making that committee. I said that I thought it Senator that when he has concluded his citizenship so valuable to us all. would have to stand or fall upon whether statement, it will be my intention to or not derogatory language tending to move to recess the Senate· until tomor­ obstruct legislative processes was ·used row.' THE CASE OF JOHN PATON DAVIES in connection with the official conduct - Mr. CASE. I have concluded the . Mr. .LEHMAN ·. Mr. . President, on the of that committee. All ·I know about statement I wished to make at the pres4 eveni:Qg of November 8" the 'distinguished -· I the ·matter to which t~e junior Senator · ent time. I am afraid· the distinguished commentator Erie Sevareid broadcast from Wisconsin has ·alluded is what he majo:hty leader did Iiot quite get the ov~r CBS. radio. an appreci~tjon -of th~ ' hasl just said. · FranklY; l do· not ·even . iilflection in my voice when ·I said I was I,..,,"' . character, the strength, and the re­ . know what a "mail·cover" is. The sub'4 happy to yield·· to him. I meant that sourcefulneSs of Mr. John Paton Davies. ject was no"t J>tought to my attention. I yielded the floor. ' o 6 ...... •! ! I f o o •_,_.- -i .. Mr. broadcast ·was a sincere, I am unaware bf it in any respect; except' Sey;~reid's for what" the Senator has said here thi's · ·, . I ... movinl:{. and very, convincing statement, afternoon. ANNOUNCEMENT WITH RESPECT TO which I shall now read: RECESS AND SATURDAY SESSION Good evening. Sometimes, to add to the Mr. WATKINS. Mr. President, will meaning of the headlines, a reporter must the Senator yield for a question? , Mr. KNOWLAND. Mr. President, be4 be . personal. Eleven years ago I was a war Mr. CASE. I yield to the Senator fore Senators leave the , Chamber, I ... corr~_spo:Q.dent, ~ying toward China over the from Utah. should like to state that it is my in- infamous. "~ump." There came. a terrifying Mr. WATKINS. Does the Senator tention shortly to move that the Sen4 moment - ~hen the passengers, mostly Gl's, know whether that matter was ever ate recess until 11 o'clock tomorrow stood nea:r the door, trying to summon the called to the attention of the members morning As previously announced the courage to bail out· of the crippled . plane. ·. . . · • Precious moments -passed . .Then 1 of the 3 of the committee? Senate Will not be In sessiOn on Satur4 civilians aboard, the diplomat who clutched Mr. CASE. Not that I recall, either day. I make the announcement so that a dispatch case to his chest, gave us a wry by reason of any work of our sta:fi, or any Senators may be advised of that fact. smile and leaped out. His action broke the 15980 CONGRESSIONAL RECORD-SENATE November 12 paralysis; we all followed; and all of us, but; Know land Monroney Smith, Maine Kuchel Mundt Smith, N.J. one, survived. SENATE Langer Murray Sparkman In the weeks that followed, we were never Lehman Neely Stennis entirely sure we would get out of those jun· FRIDAY, NovEMBER 12, 1954 Lennon Pastore Symington gle mountains; in such circumstances men Magnuson Payne Thye learn truly to know one another; who is weak;