1957 CONGRESSIONAL RECORD - SENATE 16275 nal contempt" or without defining or ments of the Constitution. To substan- formity in the application of the pro- differentiating between "criminal con- tiate this point, I refer again to Wil- posed statute-section 151-and the en- tempt" and "civil contempt." proceeds loughby on the Constitution of the tire procedure would be awkward, cum- to make the provisions of the first sen- United States, page 1727, section 1141. bersome, and impracticable. tence inapplicable to those contempts In this section Willoughby points out (Although Mr. THURMOND had not con- "committed in the presence of the court that a contempt which is not committed cluded his speech at this point, but con- or so near thereto as to interfere di- in open court does require due process of tinued for some time, in view of the cir- rectly with the administration of jus- law for the defendant. The United cumstances, the following matters, which tice" and likewise inapplicable to "mis- States Supreme Court, in an opinion by were ordered to be printed at the end behavior, misconduct, or disobedience of Chief Justice Taft, held on April 13, 1925, of his speech, are printed at this place any officer of the court in respect to the that all the guaranties of due process in the RECORD:) writs, orders or process of the court." of law are available to a person charged In other words this second sentence deals with contempt. Cooke v. United States SENATOR FROM WISCONSIN with certain "contempts" and with "mis- ((1925) 267 U. S. 517.) Thus it is quite behavior of any officers of the court" and clear that the amendment-section 151- During the delivery of Mr. THUR- excludes such "contempts" and "mis- as now drafted would subject a person to MOND's remarks, behavior of any officer of the court" criminal prosecution for a statutory of- Mr. JOHNSON of Texas. Mr. Presi- from the provisions of the Civil Rights fense so indefinitely defined or described dent, will the distinguished Senator from Act-H. R. 6127. In other words, the as not to enable him to determine South Carolina yield to me, with the un- second sentence says that if any con- whether or not he is committing that of- derstanding- tempt is committed in the presence of fense. Connally v. General Construction Mr. THURMOND. I will yield for a the court, or so near thereto as to inter- Co. ((1926) 269 U. S. 385) ; International question. fere directly with the administration of Harvester Co. v. Kentucky ((1914) 234 Mr. JOHNSON of Texas. Mr. Pres- justice, it is not dealt with in the Civil U. S. 216); Collins v. Kentucky ((1914) ident, I should like to ask the Senator Rights Act-H. R. 6127. Likewise ex- 234 U. S. 634). if he would be agreeable to yielding to cluded from coverage by the Civil Rights Second. This amendment is unconsti- me for the purpose of making a brief Act-H. R. 6127-vould be "the mis- tutional, in violation of the fifth amend- announcement, with the understanding behavior, misconduct, or disobedience of ment prohibiting double jeopardy. that the announcement appear at the any officer of the court" in respect to That provision of the amendment conclusion of his remarks, with the fur- any writ, order, or process of court issued which permits the accused to be tried a ther understanding that when he re- presumably under authority of the Civil second time by a jury for the same of- sumes after the interruption it will not Rights Act-H. R. 6127. fense following conviction in a summary be counted as a second speech, and with The last sentence of the amendment- proceeding violates the fifth amendment the further understanding that the Sen- section 151-simply tries to restate the to the United States Constitution, which ator retain the floor. proposition now appearing in section 401 declares "nor shall any person be subject Mr. THURMOND. If unanimous con- of title 18, United States Code, that a for the same offense to be twice put in sent is obtained, and there is no objec- court of the United States has power to jeopardy of life or limb." tion on the part of the majority leader punish contempts of its authority. How- In ex parte Grossman the Supreme or minority leader, I will do so. ever in restating that posposition, this Court stated that contempt is an "of- The PRESIDING OFFICER (Mr. last sentence refers to "civil contempts," fense" within the meaning of the par- JOHNSTON of South Carolina in the whereas section 401 refers to "contempt doning power of the President granted in chair). Is there objection to the re- of its-the court's-authority." Thus article II, section 2, clause 1 of the enu- quest of the Senator from Texas? The we see the last sentence of the amend- merated powers of the President. Chair hears none, and it is so ordered. ment, section 151, refers to "civil con- Clause 1 declares the President "shall Mr. JOHNSON of Texas. Mr. Presi- tempt," as distinguished from the first have power to grant reprieves and par- dent, I am pleased to announce that the sentence, which deals with "criminal dons of offenses against the United Senator-elect, Mr. WILLIAM PROXMIRE, contempt." States, except in cases of impeachment." from the State of Wisconsin, who was on Nowhere in the amendment is any defi- Chief Justice Taft in ex parte Grossman yesterday chosen by the citizens of Wis- nition given of either "criminal con- ((1925) 267 U. S. 87, 107) quoting Myers consin in a landslide vote, is present, tempt" or "civil contempt"; nor has Con- v. United States ((1924) 264 U. S. 95, ready, and prepared to take the oath of gress ever attempted to draw any such 104-105). office. distinction. The sole provision attempt- If contempt is an offense when it comes I should like to read at this time into ing to draw a distinction between crim- to the pardoning power of the President, the RECORD of the Senate a telegram sent inal and civil contempt is contained in it certainly is an offense under the fifth at 12:52 today, as follows: rule 42 (b) of the Federal Rules of Crim- amendment. Thus reading the language Hon. FELTON M. JOHNSTON, inal Procedure in the requirement that of the amendment-section 151-in pari Secretary of the United States Senate, the notice with respect to a criminal materia with the decisions in ex parte Capitol Building, Washington, D. C.: contempt shall describe it as such. The Grossman and Myers against United On the basis of unofficial returns of the Advisory Committee on Rules, appointed States, for the Congress to grant a sec- vote cast August 27, 1957, for the United States Senator Mr. WILLIAM PROXMIRE is the by the United States Supreme Court pur- ond trial following conviction, with the United States Senator-elect from Wisconsin suant to the act of June 29, 1940-Fifty- same defendant, the same charges, and for the residue of the unexpired term end- fourth United States Statutes at Large, the same evidence, would place the de- ing January 3, 1959. Official certificate of page 686-to assist in the preparation fendant in double jeopardy. election will follow upon completion of offi- of rules of pleading, in their notes The proposal-section 151-even if it cial canvass of vote cast. indicate that the requirement of notice were not in violation of the fifth amend- STEWART Q. HONECIK, written into rule 42 (b) was "intended ment, would place Congress in the posi- Attorney General, WARREN R. SMITH, to obviate the frequent confusion be- tion of gambling with the rights of our State Treasurer, tween criminal and civil contempt pro- citizens. Suppose a judge tries a man Members of the Board of State Canvassers. ceedings" pursuant to the suggestion or woman and finds the person guilty. made in McCann v. New York Stock Ex- The press reports this fact to the public Mr. President, the United Press ticker, change ((2d Cir., 1935) 80 F. 2d 211). and such cases are bound to stir the at 4:17 this afternoon, carried the fol- See Civil and Criminal Contempt in the public interest. The person so convicted lowing statement: Federal Courts, report of Los Angeles Bar is then tried again on the same evidence. MADISON, WIs.-The State board of can- Association, 17 Federal Rules Decisions Any jury is bound to be influenced. vassers today agreed to certify WILLIAM 167-182-1955. The Supreme Court it- In addition, what basis or standard of PROXMIRE'S senatorial victory and allow him distinction be- to go to the Senate before the official canvass. self has belabored the conduct is to be the determining factor The board will certify PROXMmE's election tween civil and criminal contempts. For as to whether the judge imposes the to the Senate clerk late today. He could the Court's distinction see Bessette v. W. lesser fine or sentence and lets his ver- take office Thursday. B. Conkey Co. ((1904) 194 U. S. 324,328). dict stand or imposes the greater fine Declaring a candidate elected before the A contempt statute certainly comes or punishment and moves the case along official canvass is believed to be unprece- within the due process of law require- to a jury trial. There would be no uni- dented in Wisconsin elections.

HeinOnline -- 103 Cong. Rec. 16275 1957 16276 CONGRESSIONAL RECORD - SENATE August 28 Goy. Vernon W. Thomson said, "We are * By unanimous consent, the oath was then oath of office, at the same time present- not going to stand on technicalities. We administered to Mr. Smith. See attached ing a certificate duly made out and at- want Wisconsin to have representation in excerpt from the CONGRESSIONAL RECORD. tested. Normally, such certificate is the United States Senate as soon as possible." (NOTE.-Of the 10 Senators referred to, 5 were Republicans, and 5 were Democrats.) signed by the governor and attested by The Senate clerk has informed the canvass the secretary of state. That is the pro- board that PROXMIRE'S rapid certification Mr. JOHNSON of Texas. The memo- would be acceptable on the basis of his wide cedure which I believe applies to 90 per- margin of victory in the unofficial election randum reads, in part: cent of the cases of Senators sworn in, tallies. There have been 10 instances since 1924 or perhaps even a far larger percentage. when Senators elected or appointed to fill That is the proper and orderly procedure I read from the records of the Senate vacancies in the Senate were sworn in, by as we normally know it. in a case directly in point, wherein the unanimous consent, prior to the receipt by the Senate of duly issued certificates of elec- It is true, as the majority leader has late Senator Hoey presented the Sena- pointed out, that there have been excep- tor-elect from North Carolina, his col- tion or appointment. tions to that general rule. league, Mr. Willis Smith: As soon as I received this memorandum Mr. JOHNSON of Texas. If the Sen- SENATOR-ELECT FROM NORTH CAROLINA and the telegram from the Secretary, ator will permit an interruption, I should Mr. HOEY. Mr. President, I present here- a copy of which was sent to Hon. RICHARD like to point out that there have been President of the United States with a letter from the executive secretary of M. NIXON, 10 such instances in recent years, in the State board of elections of North Caro- Senate, I conferred with my colleague, lina, showing that Willis Smith received a which, by consent of all Members of the the distinguished minority leader [Mr. Senate-and there is no dispute that majority of the votes cast for United States KNOWLAND] and asked him to give con- Senator for the unexpired term of the late consent is required-the oath of office sideration to the possibility of swearing was administered previous to the receipt Senator Broughton, ending January 2, 1955. in the Senator-elect upon his arrival The State board of elections does not meet of the certificate by the Senate. The only until tomorrow, and the certificate of elec- in Washington this evening. My col- point I wish to make is that consent is tion has not been officially issued. There is league, the minority leader, in his usual not given. no controversy, and the certificate will be courteous manner, agreed to consider Mr. KNOWLAND. That is correct; but issued tomorrow. I ask unanimous consent the matter, and stated that he would re- I also wish the RECORD to be clear, be- that I may be permitted to file the statement view the precedents. today and the official certification tomorrow, After reviewing them, he informed me cause I think it is an important matter and that the Senator-elect, who is present, that he thought it desirable that the in this body, where precedents are im- may be permitted to take the oath of office. portant. So far as I know, with the The VICE PRESIDENT. Is there objection to Senate have on file a communication from the Governor of the State. exception of the single precedent of the the unanimous-consent request of the senior North Carolina case, in which the late Senator from North Carolina? The statement made to the press by the Governor, which is in my possession, distinguished Senator Hoey presented Mr. WHERRY. I have no objection. his colleague-designate, Senator Willis Mr. LUCAS. I have no objection. (Extract reads: Smith, the other cases generally followed from CONGRESSIONAL RECORD, volume 96, part We are not going to stand on technicalities. 12, p. 15772.) We want Wisconsin to have representation this pattern: the certificate of election or appointment had been duly made by Mr. President, I ask unanimous con- in the United States Senate as soon as pos- sible. the governor in the home State, and had sent to have printed in the RECORD at been attested to by the secretary of state, this point as a part of my remarks a In view of that statement, I urged the and was in the mail. memorandum prepared by the Parlia- minority leader to contact the Governor However, because of the delays in the mentarian of the Senate, entitled "Ad- by telephone, which he was unable to of time, the gov- ministration of oath to Senators-elect or mail and the passage do until about 6:30. I understand from of state-and I designate prior to receipt of credentials ernor or the secretary the minority leader that he had a con- have the precedents before me-had by the Senate." versation with the Governor by tele- sent a telegram stating that the certifi- There being no objection, the memo- phone. The Governor was not in his cate was in order, that it was in the randum was ordered to be printed in the office, but the Governor informed him mail, on the way to the Senate, and that follows: RECORD, as that he would dispatch a telegram, as the governor or the secretary of state .ADMINISTRATIONs OF OATH TO SENATORS-ELECT requested, and that the telegram would was notifying the Senate to that effect. OR DESIGNATE PRIOR TO RECEIPT OF CREDEN- be available early tomorrow. Under those circumstances, the oath has TIALS BY THE SENATE Therefore, I should like to announce been administered. There have been 10 instances since 1924 that, although we had hoped, expected, In the case in North Carolina, in which when Senators elected or appointed to fill and believed, in line with the precedents, vacancies in the Senate were sworn in, by that it would be possible to have the oath a particular precedent was set, the late unanimous consent, prior to the receipt by Senator from North Carolina rose in the administered to our colleague this eve- the Senate of duly issued certificates of elec- Senate. He had previously filed a cer- ning, in view of the fact that it was not tion or appointment. tificate of some kind-I have not seen In each case there was transmitted to the convenient or possible for the Governor to send the telegram, and we have not the exact document-in which it was Vice President or the Secretary of the Senate stated that, on the very next day, the a telegram or letter from State officials hav- received the telegram, it will not be pos- ing authority to issue such certificates that sible to administer the oath this evening. official canvassing board would complete the Senator-elect named had received a ma- It is expected that, upon receipt of the the official canvass of the vote, and would jority of the votes cast, and that certificates telegram tomorrow morning, the pro- mail the official certificate to the Senate. of election or appointment were being trans- ceedings of the Senate will be inter- Because of the circumstances existing at mitted by mail to the President or Secretary that time it was felt highly desirable for of the Senate. rupted at that point. I should like to inform the press and the friends of the the oath to be administered to the Sen- The case most directly in line with the ator-elect, Mr. Smith. There was no present Wisconsin situation seems to be that Senator-elect that, when we receive the of Senator Willis Smith, who was elected telegram, we shall ask that the Senate contest in that case, just as there is none Senator from North Carolina on November 7, proceed to administer the oath to the in this case. In view of the fact that on the next day the official canvass would 1950, to fill the vacancy in the term expir- Senator-elect. ing January 3, 1955. Mr. KNOWLAND. Mr. President, will take place, the Senate accepted the tele- gram and the statement of the Senator The Congress on September 23, 1950, ad- the Senator yield to me under the same journed until November 27, of that year. On from North Carolina. the opening day of the adjourned session, conditions under which he secured the floor from the distinguished Senator This case is slightly different, inas- namely, November 27, 1950, Mr. Hoey, of much as, as I understand, the official North Carolina, presented a letter from the from South Carolina? executive secretary of the State Board of Mr. JOHNSON of Texas. I yield. canvass would normally not take place Elections of North Carolina showing that Mr. KNOWLAND. The distinguished for perhaps a week or 10 days. I do not Mr. Smith had received a majority of the majority leader has made a factual state- wish to state that as an absolute fact, votes cast for Senator, but that the State ment of the situation, in which I con- but it is my understanding that it is not board of elections would not meet until the a case in which the canvassing board next day and therefore the certificate of elec- cur, with this additional observation. tion had not been officially issued. He fur- Normally, the procedure in the Sen- would make the official canvass tomor- ther stated there was no controversy about ate is for a Senator-elect or a Senator- row. Normally, It would not be made the matter. designate to present himself to take the for a week or 10 days.

HeinOnline -- 103 Cong. Rec. 16276 1957 1957. CONGRESSIONAL RECORD - SENATE 16277 Under those circumstances, I thought and attested to and were merely being suggested to the Senate as to the election of the Senator from Vermont. I therefore the Senate, for its own protection, in delayed in being forwarded. There being no objection, the material make no objection." addition to having the telegram from The oath was administered to Mr. Austin. was ordered to be printed in the RECORD, 2 of the 3 members of the canvassing (CONGRESSIONAL RECORD, Vol. 79, pt. 1, p. 7.) board saying that, on the face of the as follows: The formal certificate of election was re- unofficial returns, Mr. PROXMIRE had CREDENTIALS-INSTANCES OF OATH ADMINIS- ceived on January 15 (p. 432). TO RECEIPT OF been elected-and I know of no one who TERED TO SENATORS PRIOR MON C. WALLGREN, OF WASHINGTON CREDENTIALS disputes that fact-we should have a On December 19, 1940, Mr. Barkley, of RICE W. MEANS, OF COLORADO telegram from the Governor of the State. Kentucky, presented a telegram from Sena- The same procedure should apply On December 1, 1924, the President pro tor Lewis B. Schwellenbach, of Washington, whether the governor be a Republican tempore (Albert B. Cummins, of Iowa) laid dated December 16, 1940, stating that he was or a Democrat. He is the highest re- before the Senate a telegram from the State that day submitting his resignation as Sena- We canvassing board of Denver, Colo., stating it tor to the Governor of Washington, effective sponsible official in the State. had convened on that day and canvassed the from him at 12 o'clock noon on that day. should have a communication votes cast at the general election held No- stating to us that the canvassing board Mr. Barkley then presented a telegram vember 4 for United States Senator to fill from the Governor of Washington, dated De- had furnished him the necessary infor- the vacancy caused by the death of Senator cember 18, 1940, stating that he had that day mation, and that as soon as the official Nicholson, and that a certificate of election appointed Mon C. Wallgren to fill the unex- canvass was completed, the necessary had been issued to Rice W. Means, who re- pired term caused by Senator Schwellen- certificates would be forwarded to the ceived the highest number of votes for the bach's resignation, and that certificate of ap- Senate. office. pointment was being sent that day by air- I felt that the distinguished Senator- No objection was made to the administra- mail. tion of the oath to Mr. Means. (Senate Mr. Barkley asked unanimous consent that elect from Wisconsin, Mr. PROXMIRE, Journal, 68th Cong., 2d sess., p. 4.) would not in any way lose any of his Mr. Wallgren be permitted to take the oath not as though we were BENNETT C. CLARK, OF MISSOURI of office, and no objection was made. (Sen- rights. It is ate Journal, 76th Cong., 3d sess., p. 801.) about to adjourn sine die and that an On February 3, 1933, the President pro inequity might be experienced by him tempore (George H. Moses, of New Hamp- JAMES OLIVER EASTLAND, OF MISSISSIPPI shire) laid before the Senate a telegram because he had not taken his oath of On June 30, 1941, Mr. Bilbo, of Mississippi, from the Governor of Missouri, stating that presented a telegram from the Governor of office. I informed the distinguished ma- on that day he had appointed Hon. Bennett that that was my feeling in that State, dated June 30, 1941, addressed jority leader C. Clark to fill the vacancy caused by the to the Secretary of the Senate, stating that the matter. resignation of Hon. Harry B. Hawes, and he had that day commissioned JAMES OLIVER I had communicated with the Gover- that a certificate of appointment had been EASTLAND United States Senator to succeed nor of Wisconsin. I was informed that mailed to Mr. Clark. the late Senator Pat Harrison, and that the he was not in Madison but was en route Mr. Robinson, of Arkansas (the minority commission had been sent by airmail to the leader), said: "Mr. President, Mr. Clark is President of the Senate. from Madison to Milwaukee. I did get present and ready to take the oath of office. in touch with him, but not until approxi- Mr. Bilbo asked unanimous consent that I ask unanimous consent that he be per- Mr. EASTLAND be permitted to take the oath mately 6 o'clock. As the Senator from mitted to take the oath." Texas has said, the Governor told me of office, and no objection was made. (CON- No objection was made, and Mr. Clark GRESSIONAL RECORD, VOL. 87, pt. 5, p. 5745.) that as soon as he returned to Madison- thereupon took the oath. (CONGRESSIONAL ARTHUR E. NELSON, OF MINNESOTA he would be in his office first thing in RECORD, vol. 76, pt. 3, p. 3237.) the morning-he would send a telegram CARL A. HATCH, OF NEW MEXICO On November 18, 1942, Mr. McNary, by to the Secretary of the Senate, Mr. Fel- unanimous consent, presented a telegram On January 3, 1935, the Vice President from the secretary of state of Minnesota, as ton Johnston, to that general effect. (John N. Garner, of Texas) laid before the follows: Under all the circumstances, I thought Senate a telegram from the Governor of ST. PAUL, MINN., the Senate would be better protected by New Mexico, dated January 2, 1935, and November 18, 1942. having a telegram from the Governor, attested by the secretary of state, as fol- Colonel HALSEY, and I said that I would take that position lows: Secretary of the Senate, Capitol, whether the Senator-designate was a "The PRESIDENT OF THE SENATE OF THE Washington, D. C.: UNITED STATES: Minnesota Canvassing Board yesterday de- Republican or a Democrat. "This is to certify that on the 6th day of of Texas. I am not clared Arthur E. Nelson duly elected United Mr. JOHNSON November 1934, Carl A. Hatch was duly States Senator, short term, November 3 to criticizing the conduct of the minority chosen by the qualified electors of the State January 3. Certificate to that effect special leader. I should like to suggest only of New Mexico a Senator from said State to delivery airmail mailed yesterday. that if he talked to the Governor of fill the vacancy in the term ending Janu- MIKE HOLM, Wisconsin at 6 o'clock and the Governor ary 3, 1937, caused by the resignation of Secretary of State. felt at 6 o'clock as he felt at 4 o'clock, Sam G. Bratton. The Vice President (Henry A. Wallace) to have full "Done at the executive office this the 2d said: "Is there objection to the Senator-elect that he wanted Wisconsin day of January 1935. representation in the United States from Minnesota taking the oath on the basis "Witness my hand and the great seal of of the telegram just read?" Senate as soon as possible-and I as- the State of New Mexico. sume that Western Union is still oper- There was no objection, and the oath was "Certificate follows by airmail." administered to Mr. Nelson. (CONGRESSIONAL Mr. Hatch took the oath of office. (CON- ating-that in 41/2 hours a telegram RECORD, VOL. 88, pt. 7, p. 8923.) could have been received from the GRESSIONAL RECORD, vol. 79, pt. 1, p. 4.) ADMINISTRATION OF OATH TO SENATOR-ELECT R. Governor of Wisconsin. It is not a WARREN AUSTIN, OF VERMONT WILLIS SMITH, OF NORTH CAROLINA, PRIOR TO matter of great moment. We are pre- On January 3, 1935, during the presenta- RECEIPT OF CREDENTIALS to wait for a telegram, and the pared tion of credentials of Senators elected on Hon. Willis Smith was elected at the gen- of Oregon, Senator-elect is prepared to wait for it November 6, 1934, Mr. McNary, eral election on November 7, 1950, to fill said: even though it is a little disappointing. out the unexpired term of Senator Brough- The only announcement I would like to "Mr. President, under the statute of the ton, deceased, expiring January 2, 1955. The make is that when the Governor desires State of Vermont, the canvassing board can- canvassing board of the State, however, had follow through not convene until the 9th of January, as not met when the Senate reconvened on to send the telegram, and authorized by the legislature. In lieu of on the announcement he made earlier November 27, but was to meet on the 28th. the usual credentials, therefore, I offer a When the Senate opened, Senator Hoey, of in the day, the Senator-elect is ready certificate of the Secretary of State and and willing to take his oath of office. North Carolina, made the following state- the Governor of the State of Vermont show- ment and request: and Mr. KNOWLAND. Mr. President, ing the election, precinct by precinct "Mr. President, I have presented to the poll by poll, of Warren R. Austin as Sena- will the Senator yield? Secretary of the Senate a certified statement tor from the State of Vermont. When the Mr. JOHNSON of Texas. I yield. with reference to the election of Willis Mr. KNOWLAND. I ask unanimous certificate shall be issued and received, I will offer it for filing in the Senate." Smith as United States Senator from North consent to have printed at this point Mr. Robinson, of Arkansas, the majority Carolina. The State board of elections does in the RECORD the other cases which leader, said: "Mr. President, I understand not meet until tomorrow, and the certificate have been referred to heretofore, the there are a number of precedents for the re- of election has not been officially issued. predominant number of which are cases quest of the Senator from Oregon, and also There is no controversy, and the certificate in which the certificate had been signed that no question has arisen or has been will be issued tomorrow. I ask unanimous

HeinOnline -- 103 Cong. Rec. 16277 1957 16278 CONGRESSIONAL RECORD - SENATE August 28 consent that I may be permitted to file the several hours. Neither Wisconsin nor sure it is satisfactory to the Governor. statement today and the official certification Mr. PROXMIRE will be deprived of any I should like to point out that it is quite tomorrow, and that the Senator-elect, who rights by Mr. PROXMIRE taking his oath disappointing to a man who has received to take the is present, may be permitted I believe that the a vote of confidence from his people oath of office." of office tomorrow. Senator Wherry, of Nebraska, and Senator orderly procedures of the Senate and and who has come here, in the ex- Lucas, of Illinois, having stated there was the precedents of the Senate will be bet- pectation the oath would be adminis- no objection on their part, the oath of office ter protected by having the highest offi- tered to him this evening. I am sorry was administered to Mr. Smith by the Vice cial in the State, the chief executive of it is necessary to have the swearing in President. (CONGRESSIONAL RECORD, vol. 96, the State, send a telegram to the Secre- go over until tomorrow, but apparently pt. 12, p. 15772.) tary of the Senate attesting to the facts. that is all that can be done. I hope that ADMINISTRATION OF OATH TO SENATOR-ELECT Mr. JOHNSON of Texas. I merely at the earliest time in the morning when DWORSHAK, OF IDAHO, PRIOR TO RECEIPT OF would add that the Governor of Wiscon- Western Union opens for business, and CERTIFICATE OF ELECTION sin, who earlier in the day announced when the Governor decides that he can On November 28, 1950, the following pro- that he wanted Wisconsin to have the confirm what he said to the press, a ceedings occurred with reference to the ad- Senator sworn in as early as possible, has telegram may be forthcoming. ministration of the oath to Hon. HENRY found it impossible to send a telegram Mr. KNOWLAND. Mr. President, I am DWORSHAK Senator-elect from the State as 41/2 hours. I only wish of Idaho for the unexpired term ending Jan- to the Senate in frankly surprised a little- uary 2, 1951: to make it clear to the friends of the Mr. JOHNSON of Texas. I ask the "Mr. WHERRY. I ask the Senator [Mr. Senator-elect and the press that when Senator to wait a moment. The Senator O'MAHONEY] to yield for a matter of per- the Governor of Wisconsin decides to from Tennessee [Mr. KEFAUVER] has sonal privilege, that is, for the administra- file a telegram with Western Union, we been on his feet. I first yield to him. tion of the oath of office to Hon. HENRY C. will make an attempt to have the Sen- Mr. KEFAUVER. I know that quite DWORSHAK as a Senator from the State of ator-elect sworn in. The Governor of a number of people came from Wiscon- telegram in my hand from Idaho. I have a Wisconsin made the announcement re- that many the Governor of the State of Idaho certify- sin with the Senator-elect and ing to his election. The telegram reads as garding the representation of Wisconsin of his friends are very eager to be here follows: in the Senate earlier in the day. at the time the Senator-elect takes the "BOISE, IDAHO, November 27, 1950. I have every reason to assume that he oath. Does the minority leader have any "Hon. LESLIE L. BIFFLE, meant what he said. So far as I know, indication when the Governor will send "Secretary, United States Senate: Western Union is still in business. the telegram, or when the minority "Idaho official canvass complete show Mr. KNOWLAND. Mr. President, will leader will recognize the fact that Mr. HENRY C. DWORSHAK elected to United States the Senator yield? PROXMIRE has been elected in Wisconsin? Senate for unexpired term ending January Mr. JOHNSON of Texas. In a mo- 2, 1955. Certificate In mail. Mr. JOHNSON of Texas. I believe the has been some "C. A. RoBINS, ment I shall yield. It minority leader recognizes that fact al- "Governor, State of Idaho. 41/2 hours since the Governor was con- ready. I believe the minority leader "While the official document has not yet tacted. The last time the press con- wants to be cooperative. I think it is been received, yet the Senate gave unani- tacted the Governor, he said, "We want the minority leader's expectation that mous consent yesterday to the swearing in Wisconsin to have representation in the the Senator-elect will be sworn in by of Senator-elect Smith of North Carolina, United States Senate as soon as possible." noon tomorrow. That is in accordance under the same conditions and, if there is I want the people of Wisconsin to with the conversation he had with me no objection, I should like very much to know that it was possible for Wisconsin I will be from Idaho sworn in. earlier. If that is not correct, have the Senator to have a second Senator in the Senate have him correct it. I yield to "The VICE PRESIDENT. Does the Senator glad to from Wyoming yield for that purpose? at about 9 o'clock, and that the only the minority leader for that purpose. "Mr. O'MAHONEY. I yield. reason the oath was not administered to Mr. KNOWLAND. I will say to the "The VICE PRESIDENT. If the Senator-elect the second Senator was that the Gover- majority leader that we expect to have will come forward, the Chair will adminis- nor had not sent a telegram and that a telegram in the morning, and I see no ter the oath of office to him. the minority leader had requested that reason why the oath could not be ad- "Mr. DwORSHA, escorted by Mr. Wherry, the telegram be in hand. ministered around noon tomorrow, or advanced to the desk, and the oath pre- scribed by law was administered to him by I cannot agree with the minority whenever the telegram is received. the Vice President." (CONGRESSIONAL REC- leader that we can forecast how many If the Senator will extend the courtesy ORD, vol. 96, pt. 12, p. 15919.) votes we will have tonight. He is a well- of yielding to me further, I should like informed, as well as a well-advised man. to say that I am a little surprised at the ADMINISTRATION OF OATH PRIOR TO RECEIPT OF CREDENTIALS-RICHARD M. NIXON, OF CALI- He is also an even-tempered man. But Senator's statement. I do not believe FORNIA even he was caught off base last night, any criticism is due the Governor of On December 4, 1950, Mr. KNOWLAND (Cali- as was I, by a motion, which was voted Wisconsin. I called him at 6 o'clock. fornia) presented a telegram from the Gov- on at a late hour. I was not notified of this until about 4 ernor of California, stating that on December It may be that while we are waiting on o'clock this afternoon, or perhaps a little 1 he had appointed RICHARD M. NIXON a Sen- a wire from Wisconsin a Senator will later, and I immediately tried to reach ator to fill the vacancy created by the resig- make a motion tonight, and it may be the Governor at Madison. He had left nation of Mr. Downey on November 30, and that Wisconsin would like to have its the capital for Milwaukee. I finally did that on that day he had mailed a certificate vote recorded. It will be unable to have him, and I explained the situation of appointment to Mr. NIXON at Washington. reach The certificate not having been received, on its vote recorded, not because of the to him. I thought that under the pro- request of Mr. KNOWLAND, the oath was ad- precedent in the Hoey case, but because cedures of the Senate and under the ministered to Mr. NIXON by the Vice Presi- we are not going to allow the oath to be precedents I had read, the Senate of the dent (Mr. Barkley), no objection having been administered to the Senator-elect until United States, as an institution, was en- made. (CONGRESSIONAL RECORD, VOl. 96, pt. the Governor of the State, who wants titled to have from the highest executive 12, p. 16042.) full representation of the State in the officer of the State a telegram of the Mr. KNOWLAND. I quite agree that Senate, sends a telegram. I assume the type I have described. I think that is under the Constitution no State can be Governor of Wisconsin left the impres- good procedure. deprived of its representation in the Sen- sion with the Senator from California Mr. JOHNSON of Texas. Mr. Presi- ate without its consent. I also know that he wanted the Senator-elect to take dent- that the Senate should lean over back- the oath. Is that correct? Mr. KNOWLAND. The Senator had ward at all times to be sure that each Mr. KNOWLAND. The Governor yielded to me. State has its full representation. If we made it perfectly clear that he was going Mr. JOHNSON of Texas. I had yielded were confronted with a situation in to send the telegram when he got back to the Senator, but I should like to say which a yea-and-nay vote was about to to his office in Madison in the morning. at this point that I agree with the Sena- be had in the Senate on a vital question, He asked the minority leader if that tor that we are entitled to receive a tele- we might have a different situation. I would be satisfactory to him, and the gram. I express the hope that the Gov- might say that such a situation would minority leader informed him that in his ernor will go ahead and dispatch it. deserve different treatment. So far as judgment it would be. Mr. KNOWLAND. If the Governor of I know, however, we are engaged in a Mr. JOHNSON of Texas. It Is satis- the State is now away from the capital, prolonged discussion, which will last for factory to the minority leader, and I am but if he is going to be in his office in 1957 CONGRESSIONAL RECORD - SENATE 16279 the morning, I do not believe it is either touch with the telephone company, but it complied with the laws of the State. fair or equitable to criticize him. If any was unavailable to Western Union. It I think that is possibly the explanation. criticism is due in this regard, it is due may be that in his good judgment he Mr. JOHNSON of Texas. I am confi- to the minority leader. I suggested to preferred the telegram to be sent to- dent there are explanations. I simply the Governor that I thought it would be morrow. I do not know and I do not want the country to be on notice that perfectly appropriate, when he returned particularly care. I merely want the tomorrow, when the Governor of Wis- to his office at Madison in the morning, RECORD to show that we made the re- consin decides to send a telegram which for him to send the telegram at that quest, that we followed the precedents of says in effect what he said to the press time. The people of Wisconsin them- the Senate, that we asked the considera- early today, the oath will be adminis- selves delayed some 4 months in filling tion of the minority leader and the Gov- tered. I also point out to my delightful this vacancy. There is no undue delay ernor of the State, I do not ask that the friend from Vermont, since he is con- in this regard. I think the procedure is Senator-elect be administered the oath cerned with the Attorney General's opin- in keeping with the precedents of the until the Governor has been heard from; ion, that the Attorney General is one of Senate, and I do not think it has war- but I hope he will be heard from in the the persons who signed the telegram at- ranted any criticism of the Governor of morning; and if he is, when he is, I shall testing to the election of the Senator, and Wisconsin. If the Governor dispatches ask that the oath be administered. evidently he is a member of the State the telegram in the morning, as I expect Mr. KNOWLAND. Mr. President, will board of canvassers. he will do, I believe he will not be subject the Senator yield? Mr. AIKEN. I do not know but that to any criticism in that regard. I think Mr. JOHNSON of Texas. I yield to the Attorney General has already gone the Senate of the United States, in the the Senator from California. over a proposed telegram. swearing in of a new Member of this Mr. KNOWLAND. I have tried to Mr. JOHNSON of Texas. He has. He body, who will represent, in part, one of state the situation as clearly as I could. has telegraphed the Vice President to the 48 States in the Union, is entitled to I have stated the reasons, which I believe that effect, and I hold in my hand a tele- more than a news ticker slip or more to be sound. The fact of the matter is gram from the State board of canvassers. than a statement by two of the three that in all the 10 precedents mentioned Mr. AIKEN. I would not expect a members of an official board. We do not by the majority leader, in all of which governor to send a telegram of that kind have the unanimous decision of the the certificate had been signed by the without having it scrutinized by the At- board, because I understand the secre- Governor, had been attested to by the torney General, to make sure the gov- tary of state was not available when the secretary of state, and was actually in ernor had the right to send such a tele- other two members met and sent the tele- the mail, on the way to Washington, and gram, and that the wording was correct. gram.which has been referred to. Under the Governor of the State or the secre- I know as governor I would not do other- the circumstances, I think we are entitled tary of state had sent a telegram-even wise. to receive from the chief executive of the under those conditions the only way a Mr. JOHNSON of Texas. I would not sovereign State of Wisconsin a telegram Senator-elect or a Senator-designate know what the Governor of Wisconsin such as the one I have indicated. I hope could take his oath of office would be by would wish to require before he sent such in the future this discussion will be help- the unanimous consent of the 95 other a telegram. I did not have a conversa- ful to the Senate, and I hope, whether Senators of this body. tion with him. I do know the Attorney I have tried the vacancy is a Republican or a Demo- to cooperate with the General telegraphed. I do know that the cratic vacancy, and whether the vacancy Senator from Texas and told him as Governor has stated publicly that he does is in the North, South, East, or West, minority leader I would do everything not want to stand on technicalities. He that the Senate will protect its own possible to facilitate the taking of the wants Wisconsin to have full representa- prerogatives and will at least have from oath tomorrow by the Senator-elect tion in the United States Senate as soon the chief executive of the State an indi- from the State of Wisconsin. as possible; and I submit that if we fol- cation that is in keeping with the laws Mr. JOHNSON of Texas. Does the low the most recent precedent of the Sen- and the general customs of the State. Senator object to my announcing that ate in the Hoey case, the State of Wis- Mr. AIKEN. Mr. President, will the fact? consin would now have full representa- Senator from California yield? Mr. KNOWLAND. No; I do not, but I tion by two Senators. When the State Mr. JOHNSON of Texas. Mr. Presi- believe the criticism of the Governor is has it I think will depend upon when the dent, I should like to reply to the Sena- unwarranted. telegram arrives. The only purpose of tor from California. Mr. JOHNSON of Texas. I am not the Senator from Texas was to make a First of all, no one is criticizing the criticizing the Governor. simple announcement, in line with the Governor. We are merely pointing out .Mr. KNOWLAND. I leave that to the Hoey precedent. that at 6 o'clock the Governor, pursuant record. I believe the Senator has. The Senator-elect is present, ready to to a suggestion I made a little after 4 Mr. JOHNSON of Texas. The Senator take the oath; and except for the fact o'clock that the Senator-elect would can leave it to the record. The Gover- that the minority leader wanted a tele- like to take the oath this evening, was nor said, "We want Wisconsin to have gram from the Governor, and except for so notified, and at 11 o'clock the Senate representation in the United States Sen- the fact that the Governor was away has not received the telegram which had ate as soon as possible." I submit the from his office, and except for the fact been requested. That is a matter com- Senator-elect is in the Chamber, that the that he talked to him at 6 o'clock and pletely within his jurisdiction. I do not Governor was notified some 5 hours ago, he had not sent the telegram, the oath criticize him. that Western Union is still operating, would have been administered by now. I should like to point out that the and Wisconsin is still deprived of a vote When that will come about, I do not Senator-elect was elected. The Senator in this body. Let the record speak for know. I hope it will be at an early date. elect is present and ready to take the itself; and if there is a Senator here who I now yield to my friend from Cali- oath. The Senator from California was can speak with cool authority when the fornia. notified to that effect, and a special re- roll is called, let him stand up. Mr. KNOWLAND. Mr. President, at quest was made that he attempt to fol- Mr. AIKEN. Mr. President, will the this point in the RECORD I ask unani- low the last precedent we had, and per- Senator yield? mous consent that there be printed rule mit the Senator-elect to take the oath. . Mr. JOHNSON of Texas. Yes, I yield VI relative to the presentation of cre- He said he wanted to talk to the Gover- to the Senator from Vermont. dentials, and the form of credentials nor. He did talk to him at 6 o'clock. I Mr. AIKEN. I merely wanted to say which are expected of a Senator-elect do not know what transpired in that there may be an explanation for this Or a Senator-designate of the United telephone conversation. delay. I was Governor of a State for 4 States. I make no criticism of the minority years, and I do not believe that any Mr. JOHNSON of Texas. Mr. Presi- leader or the Governor. There are governor would send a telegram of the dent, I have no objection to that. I do many people who wanted to know when type which is expected to be received not wish to make the point that unani- the swearing-in ceremony was going to from the Governor of Wisconsin until mous consent is required for the swear- take place. I attempted to announce to the telegram had been carefully gone ing in ceremony. We all know that it the Senate that it could not take place over by the attorney general of the State, is. The point I want to make to my tonight, for the reasons given. It may to make sure that the Governor had the gracious friend from California is that very well be that the Governor was in right to send such a telegram and that unanimous consent has not been given. CIII- 1023 16280 CONGRESSIONAL RECORD - SENATE August 28 The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Does the of the United States to defend itself objection? Senator from Texas yield to the Senator through the strategy of retaliation, or There being no objection, rule VI was from Tennessee? even the strategy of long defense, is the ordered to be printed in the RECORD, as Mr. JOHNSON of Texas. I yield. constant drain on our trained manpower. follows: Mr. KEFAUVER. Of course, it is cus- I have discussed this problem with hun- RULE VI tomary for the senior Senator from the dreds of enlisted men and officers during PRESENTATION OF CREDENTIALS State in question to escort a Senator- my annual tours of duty with the Air 1. The presentation of the credentials of elect to the desk, to take the oath of Force and during the many visits I make Senators elect and other questions of privi- office. to posts in the course of a year. I find, lege shall always be in order, except during When the Senator-elect arrived, I saw almost universally, that men do not want the reading and correction of the Journal, the senior Senator from Wisconsin [Mr. to leave the service, but they are forced while a question of order or a motion to WILEY] ready to escort him to the desk. to do it for economic reasons. In my adjourn is pending, or while the Senate is dividing; and all questions and motions Is there any question in that connection? opinion, the Cordiner report is the solu- arising or made upon the presentation of Mr. JOHNSON of Texas. There is not tion to this problem, inasmuch as it is such credentials shall be proceeded with the slightest question, so far as I know. based upon the recognition of skill and until disposed of. The only observation I should like to ability, instead of longevity or rank. In- 2. The Secretary shall keep a record of the make is that many questions were raised centive has been the driving force in the certificates of election of Senators by enter- about when the Senator-elect would be American economy. It should likewise ing in a well-bound book kept for that pur- sworn in. I attempted to announce that be the driving force in the professional pose the date of the election, the name of the the Senator-elect was present and was Army-in the Navy, Marines, and Air person elected and the vote given at the election, the date of the certificate, the name willing to be sworn in whenever unani- Force. of the governor and the secretary of state mous consent could be obtained. The Hearings on S. 2014 have been started. signing and countersigning the same, and the obtaining of unanimous consent was de- This urgent need to retain the right State from which such Senator is elected. pendent upon the request made of the kind of personnel in our Armed Forces On January 4, 1934, the Senate agreed to Governor at 6 p. m. We thought the is the most pressing issue in the entire the following: telegram from him would be obtained realm of national defense. The chiefs Resolved, That, in the opinion of the Sen- immediately, because of the announce- of the uniformed services and the Chair- ate, the following are convenient and suffi- ment the Governor had made at 4 o'clock. man of the Joint Chiefs of Staff, as well, cient forms of certificate of election of a have stated this to be true. They recog- Senator or the appointment of a Senator to However, that telegram has not been be signed by the executive of any State in forthcoming. nize the problem as the one most basic pursuance of the Constitution and the stat- Therefore, I should like to have the to providing in the most economical and utes of the United States: Senate be on notice and the Senator- sensible way the kind of efficient defense "CERTIFICATE OF ELECTION elect be on notice and his friends be on we must have. No other single problem notice that when the telegram arrives, reaches in magnitude the gravity of this "To the PRESIDENT OF THE SENATE OF THE UNITED STATES: the Senate will proceed to have the oath problem of manning our Armed Forces of office administered, if unanimous con- with the caliber of leaders and techni- "This is to certify that on the - day of .,19-, A B was duly sent is then given. cians so necessary for the protection of chosen by the qualified electors of the State We realize that unanimous consent is our country. of - a Senator from said State to repre- required, and that any one Senator can These hearings and the testimony sent said State in the Senate of the United then object. given in them will do more than any- States for the term of 6 years, beginning on Therefore, I am not now making a thing has yet done to arouse the people the 3d day of January, 19-. unanimous-consent request, because I to the want for new and realistic per- "Witness: His excellency our governor have been informed by the minority sonnel policies within the Department , and our seal hereto affixed at leader that unless and until the Governor of Defense. The people of this country thid - day of -, in the year of our Lord must be given the means to understand 19-. sends the telegram, unanimous consent the problems confronting a serviceman, "By the governor: will not be given. I have also been in- *" 0----D -, formed that the telegram will be here to know those things which weigh "Governor. before noon, tomorrow. against his decision to stay in the service. The Senator-elect and his friends may Once they know, they will rush to sup- "Secretary of State." be on notice that when the telegram ar- port measures aimed at alleviating the plight in which the serviceman now "CERTIFICATE OF APPOINTMENT rives, we shall take judicial notice of it, and shall proceed to ask that the oath be finds himself. 'To the PRESIDENT OF THE SENATE OF THE administered. To adequate housing, limited fringe UNITED STATES: "This is to certify that, pursuant Mr. President, I thank my friend, the benefits, inequitable pay, and a general to the lack of professionalism and organiza- power vested in me by the Constitution of Senator from South Carolina [Mr. the United States and the laws of the State THURMOND], for his courtesy. I trust tional esprit de corps are working against of - , I, A - B -, the governor that he appreciates the situation which our service members. Improved hous- of said State, do hereby appoint C- prompted our unusual request of him. ing, readjusted pay scales and the inau- D- a Senator from said State to repre- Mr. THURMOND. Mr. President, I guration of remedial personnel policies sent said State in the Senate of the United have been very glad to yield. will cause the esprit to rise and the high States until the vacancy therein, caused by rate of personnel turnover to taper off. the - of E- F- , is filled by Not only will efficiency improve but many election as provided by law. AUTHORIZATION FOR SUBCOMMIT- billions of dollars will be saved. "Witness: His excellency our governor TEE ON DISARMAMENT TO SUB- I am appalled at the recent statistics - , and our seal hereto affixed at MIT A REPORT SUBSEQUENT TO this - day of , in the year of our published on the resignations among the Lord 19-. SINE DIE ADJOURNMENT graduates of West Point and Annapolis. "By the governor: Mr. HUMPHREY. Mr. President, I These are the men in whom we have in- "G- H-, ask unanimous consent to submit a re- vested large sums of money for training. "Governor. port of the Subcommittee on Disarma- Yet they are resigning-leaving the ment following the adjournment of the services in large numbers. Just recently "Secretary of State." Congress. the newspapers carried the story of West Resolved, That the Secretary of the Sen- The PRESIDING OFFICER. With- Point's class of 1954. Exactly 3 years ate shall send copies of these suggested forms out objection, it is so ordered. after their graduation, and on the first and these resolutions to the executive and instance of their becoming eligible, about secretary of each State wherein an election 10 percent of the graduates of that class is about to take place or an appointment is PERSONNEL POLICIES IN THE submitted their resignation. Undoubt- to be made in season that they may use such DEPARTMENT OF DEFENSE edly, others of the class will follow. forms if they see fit. (Senate Journal 17, 73- During the delivery of Mr. THURMOND's Why are they leaving the service, and 2, January 4, 1934.) speech, why is the investment of more than $2 Mr. KEFAUVER. Mr. President, will Mr. GOLDWATER. Mr. President, million spent in training these 48 young the Senator from Texas yield to me? the most serious threat to the potential officers being lost? The answer is sim-