SENATE NOMINATIONS-NEW REPORTS MESSAGES FROM THE PRESIDENT Mr. MANSFIBLD. Mr. President, I Messages in writing from the Presi THURSDAY, APRIL 25, 1963 move that the Senate proceed to the dent of the United States submitting consideration of the new reports on the nominations were communicated to the Age Length of service in years Eligible to retire- Num- ber of Vacan- Active judge- cies judges Under 55 to 60 to 65 to 70and 10 to 15 to 20 to 25and As of 1964 1968 After ships 55 59 64 69 over 0 to 4 5 to 9 14 19 24 over Jan.1, In 1963 through through 1972 1963 1967 1972 ------Total 89 districts ___ 304 11 293 93 74 58 30 38 137 65 39 23 12 17 44 3 30 90 126 ------1st circuit, 5 districts _____ 11 2 9 2 1 2 3 1 2 2 1 1 2 1 3 -----i- 1 3 2 2d circuit, 6 districts ______41 1 40 12 11 8 6 3 17 10 8 2 1 2 5 5 14 15 3d circuit, 5 districts ______33 2 31 8 14 6 1 2 15 10 3 2 1 2 -----1- 2 11 16 {th circuit, 10 districts ____ 22 2 20 9 2 6 ·1 2 13 4 1 -----5------i- 2 2 7 10 5th circuit, 17 districts ____ 44 1 43 20 7 5 3 8 21 8 5 2 8 3 11 21 6th circuit, 9 districts _____ 31 31 12 3 8 2 6 15 5 3 2 1 5 7 ------5 5 14 7th circuit, 7 districts _____ 23 ------23 6 7 3 4 3 10 6 4 2 1 3 -----·-- 3 8 9 8th circuit, 10 districts ____ -----1- 1 2 4 12 6 -----::i- 1 1 4 ------24 23 11 5 ------~-- 1 6 12 9th circuit, 11 districts ____ 43 1 ~2 9 13 13 4 3 21 7 8 3 1 2 4 ------4 17 17 17 -----1- 17 4 5 5 3 8 5 2 1 1 2 -----i- 3 5 7 ~fs1lr~~tc~t~l=~l~~:::: 15 14 ------6 1 4 3 3 2 4 3 2 ------4 3 3 3 NOTE.-Tcrritorial courts for Guam, Virgin Islands, and Canal Zone a.re not included. DEDUCTIONS ALLOWED IN COMPUT This bill will carry out a recommend Committee during the transition of 1960- ING TAXABLE INCOME OF CER ation made to the Congress by President 61. The cost to the national committee TAIN INSURANCE COMPANIES Kennedy on May 29, 1962, as one of a on behalf of President-elect Kennedy group of proposals dealing with the fi and Vice President-elect Johnson from Mr. DffiKSEN. Mr. President, I in nancing of presidential election cam election day 1960 until Inauguration Day troduce, for appropriate reference, a bill paigns. Those bills were initially in 1961 was at least $360,000. In 1952-53, to correct an apparent omission in the troduced as a group by Senator HOWARD the cost to a special Republican commit Internal Revenue Code with respect to CANNON by request last session. At this tee of the transition period exceeded deductions which affect qualified pen session, the relevant bills are being in $200,000. In both cases these funds sion, profit-sharing, and annuity plans troduced individually, by a number of were used largely to pay for omce space, of insurance companies. different Senators. Those bills, includ comunication, staff salaries, and trans The VICE PRESIDENT. The bill will ing the one I am introducing today, are portation but in neither case did these be received and appropriately referred. based on a report, "Financing Presiden funds take care of some expenses that The bill ~ust be extended to amending as well aa ing that he thought it was not only "ex minds of the peopl~. and they will not agree originating money . bills. Sherman stated, tremely objectionable", but also "as en that any but their ·immediate representa "We establish two branches in order to get dangering the success of the plan." The tives shall meddle with their purses. In more wisqom, which is particularly needed in plan he referred t.o was a part of the so short the acceptance of the plan will in the finance business. The Senate bear their c.alled Great Conipromlse of July 16, under evitably fail,' i·f the Senate be not restrained share of the taxes, and are also the repre which the right of ·the House to originate from originating money bills." Madison sentatives of the people." . Pinckney said, all revenue bills had been given as a con thought that if Randolph's substitute is to "This distinction prevails in South Carolina, cession to the large States in return ·for be adopted "it woul~ be. proper to allow the and has been a source of pernicious disputes equality of representation in the Senate for Senate at least so to amend as to diminish between the two branches." The motion was the small States. the sum to be raised. · Why should they be then defeated by a vote of 7 to 3, and both Williamson said that his State of North restrained from checking the extravagance Houses retained equal rights in all legisla Carolina "had ·agreed to equality ·in the of the other House. One of the greatest evils tion. Senate, merely in consideration that money incident to republican government was the Subsequently, during the debate on equal bills should be confined to the other House, spirit of contention and faction. The pro ity of State representation in the two and he was · surprised to see the smaller posed substitute, which in some respects Houses, it was urged by delegates from the States forsaking the condition on . which lessened the objections against the section, larger States that questions of revenue ought they had received their equality." Mason had a contrary effect with respect to this to be determined by a proportional repre said that unless this power should be re particular. It laid a ·foundation for new sentation, otherwise, a. minority of popula stored to the House, "he should, not from difficulties and disputes between the two tion, represented by a. majority of States, obstinacy, but from duty and conscience, Houses. The word 'revenue' was ambiguous. might impose burdens on the majority of oppose throughout the equality of repre In many acts, particularly in the regulation both wealth and population. This led to an i?enpation in the Senate." Gouverneur of trade, the object would be twofold. The offer by the small States ·that "all bills for Morris, on the other hand, considered the raising of revenue would be one of them. raising or appropriating money • • • shall section relating to money bills as "intrin How could it be determined which was the originate in the first branch of the legisla sically bad"; and Wilson said that the two primary or predominant one; or whether it ture, and shall not be altered or amended by ~arge States of Pennsylvania and Virginia was necessary that revenue should be the the second branch; and that no money shall had uniformly voted against it. sole object, in exclusion of other incidental be drawn from the Public Treasury but in . On August 11, on a motion to reconsider effects." Madison then went on to show that pursuance of appropriations to be originated the vote striking out the money bill clause, it is difficult to determine whether a bill in the first branch." This offer was condi Randolph made an elaborate speech in sup which was sent to the House by the Senate tioned upon the acceptance of an equal vote port of vesting the power over money bills was or was not an amendment or altera in the Senate; and a committee, of which in the House. It will make the plan "more tion . of a House revenue bill. He noted Gerry was chairman, so reported the plan on acceptable to the people because they will further the difficulties in determining what July 5. This plan was opposed by Madison, consider the Senate ·a8 the more aristocratic was an amendment or alteration, and what Gouverneur Morris, and Wilson, but the body and will expect the usual guards against was the meaning of the words "increase or clause was ~dopted on July 6, by a vote of its influence be provided according to the diminish." Continuing, he stated, "If the 5 to 3, with the understanding that it was example in Great Britain." He thought also right to originate be vested exclusively in still an open question. On July 16, follow that the restraint of the Senate from amend the House of Representatives, either the ing debate on the compromise as a whole, ing was of particular importance and he Senate must yield against its judgment to which included other matters, the plan was proposed to limit the exclusive power to that of the House, in which case the utility carried by a vote of 5 ;to 4, with the under "bills for the purpose of revenue", to obviate of the check will be lost-or the Senate will standing that it was still an open question, objection to the term "raising money", which be inflexible and the House of Representa and it went to the Committee of Detail, still might happen incidentally, not allowing the tives must adapt its money bill to the views unsupported by a majority of the States. Senate by amendment to either increase or of the Senate, in· which case, the exclusive In its report on August 6, the Committee diminish the same. Reconsideration was right will be of no avail." of Detail provided that "All bills for raising agreed to by a vote of 9 to 1. After Dickinson and Randolph had de . or appropriating money, and for fixing the On reeonsideration, Randolph's motion, fended further Randolph's motion, Rutledge salaries of the .officers a! Government, shall made on August 13, was in the following stated that "he would prefer giving the ex originate in· the House of Representatives, words: "Bills for raising money for the pur clusive right to the Senate, if it was to be and shall not .be altered or amended by the pose of revenue, or for appropriating the given exclusively at all. The Senate being Senate. No money shall be drawn from the same, shall originate in the House of Repre more conversant in business, and having Public Treasury, J>ut in pursuance of appro sentatives; and shall not be so amended or more leisure, will digest the bills much better, priations that shall originate in the House altered by the Senate · as to increase or di and as they are to have no effect until ex of Representatives." In ~nother section of ~nish the sum tO be raised, or change the amined and approved by the House of Rep the report, it was provided that "Each House mode of levying it, or the objects of its ap resentatives, there can be no possible dan shall possess the right of originating bills, propriation." ger. • * * The experiment in South Caro except in the cases aforementioned." This motion led to a heated debate. Mason lina, where the Senate cannot originate or When the Convention took this section supported Randolph fully. It was op amend money bills, has shown that it up for debate, on August 8, Pinckney posed, however, by Wilson, who said, "it answers no good purpose; and produces the moved to strike it out, on the ground that would be a source of perpetual contentions very bad one of. continually. dividing and it gave no advantage to the House of Rep where there was no mediator to decide them. heating the two Houses. Sometimes, indeed, resentatives, and "if the Senate can be The President here could not, like the execu if the matter of the amendment of the Sen trusted with the many great powers pro tive in England, interpose by a prorogation ate is passing to the other House they wink posed, it surely may be trusted wit~ that or dissolution. This restriction had been at the encroachment; if it be displeasing, of originating money bills." Gouverneur found pregnant with altercation in every then the Constitution is appealed to. Every Morris said, "It is particularly proper that State where the Constitution (State) had session is distracted by altercations on this the Senate shall have the right of originat established it. The House of Representatives subject. The practice now becoming fre ing money bills. They will sit constantly, will insert other things in money bills, and quent is for the Senate not to make formal will consist of a smaller number, and will by making them conditions of each other, amendments; but to send down a schedule be able to prepare such bills with due cor destroy the deliberate liberty of the Sen of the alterations which will procure the bill rectness; and so as to prevent delay of busi ate. • • "' With regard to the purse strings their assent." Carroll said, "the most in ness in the other House." Mason opposed (referred to by Mason), it was to be observed genious men in Maryland are puzzled to de Pinckney's motion to strike out the section that the purse was to have two strings, one fine the case of money bills, or explain the stating that the purse strings should never of which was in the hands of the House of Constitution on that point; though it seemed be put into the hands of the Senate. Mer Representatives, the other in those of the to be worded with all possible plainness and cer thought that without this power the Senate. Both Houses must concur in un precision. It is a source of continual diffi equality of votes in the Senate was rendered tying, and of what importance could it be culty and squabble between the two Houses." of no consequence. Madison also favored which untied first, which last. He could not At the close of this debate, three votes were the motion, thinking the power to be of conceive it to be any objection to the Sen taken. First, on the exclusive right in the no consequence to the House and likely to ate's preparing the bills, that they would first House to originate money bills; defeated, involve the two branches in "injurious .alter have leisure for that purpose and would be 4 to 7; second, .on originating by the first cations." Mason, Butler, al)d Ellsworth op in the habits of business (referring again to House and amending by the Senate; defeated, posed the motion, on the ground that it Mason's remarks). War, Commerce, and 4 to 7; and third, on the clause, "No money would add to the already too great powers ·Revenue were the great objects of the Gen shall be drawn from the Public Treasury, of a Senate and promote an aristocracy. eral Government. All of ·them are con but in pursuance of appropriations that shall Thereafter, the Convention proceeded to nected with money. The restriction in favor originate in the House of Representatives"; vote to strike out the claus~ which vested of the House of Representatives would ex defeated, 10 to 1. exclusive power over revenue and appro clude the . Senate from originating any im Warren, in commenting on the action taken priations in the House by a vote of 7 to 4. ·portant bills whatever." by the Convention on August 13, notes that On August 9, Randolph gave notice that Ger:i;y stated that "taxation and · repre "the Convention adhered to its vote of he would move to reconsider thi.s vote, stat- sentation are strongly associated in the August 8; and thus a victory was again 7078 CONGRESSIONAL RECORD- SENATE April 25 scored by the supporters of the power of the clear, from · the' previous debate, that the ures was dropped; and (7) finally, the Con Senate." a Kasson observes that "here, for elimination of the exclusive power in the vention adopted the language now contained the first time, appears a very strong conv.lc House to originate appropriation b1lls was in the Constitution, except that the clause tion of the Convention that a distinction not accidental, inadvertant, or due to any requiring appropriations made by law prior should be made between bills for raising lack of understanding on the part of the to drawing money from the Treasury was revenue and bills for appropriating money."• delegates as to the difference between bllls moved to another section of the Constitu On August 14, Williamson referred to the to raise revenue and ·bills to appropriate tion, probably in order to avoid the confu money bill section as dead, but "its ghost funds. In fact, the vote on August 13, pre sion and misunderstanding generated by he was afraid would notwithstanding haunt viously described, makes it quite clear that the earlier language, and as a matter of style. us. It had been a matter of conscience with the distinction between revenue anC:. appro Kasson, commenting on the final product, him, to insist upon it as long as there was priation measures was well understood. says, "It thus appears by express votes the hope of retaining it. He had swallowed the What is reflected in the proposal of the spe Convention refused to extend the exclusive vote of rejection with reluctance. He could cial committee ls an attempt to reach a com power of the House beyond bllls for raising not digest it. All that was said on the other promise which would placate those who revenue, and by express vote decided to side was that the restriction was not con wanted to see more power vested in the Sen leave in the Senate an equal power to origi venient. We have now got a House of Lords ate and who had opposed the origination of nate bills making appropriations of public which ls to originate money bills." revenue measures in the House exclusively. money • • •." e On August 15, Strong proposed the follow Comm~nting on this proposal of the spe ing amendment: "Each House shall possess cial committee, Warren states that "this new REPORT OF HOUSE COMMITTEE ON THE the right of originating all bills, except bills compromise satisfied some of the delegates JUDICIARY, 46TH CONGRESS (1880) for raising money for the purposes of rev from the smaller States and some from Further substantiation for this view is enue, or for appropriating the same and for the larger States, who had hitherto op found in the report of the House Commit fixing the salaries of the officers of the Gov posed the origination of revenue bills in the tee on the Judiciary, made in 1881, referred ernment which shall originate in the House House; • • *." 6 to above (H. Rept. 147, 46th Cong., 3d sess.). of Representatives; but the Senate may pro On September 8, the postponed proposed It appears that a Senate bill, authorizing pose or concur with amendments as in other section was again considered. After adopt the Secretary of the Treasury to purchase cases." Mason seconded Strong's motion, ing an amendment to the first clause which certain land, and further authorizing the stating that "He was extremely earnest to incorporated the language of the Massa appropriating of funds therefor, had passed take this power from the Senate, who he chusetts constitution, the section was the Senate and was referred to the appro said could already sell the whole country adopted by a vote of 9 to 2. As amended priate House committee . which reported it by means of Treaties." Gorham said the and adopted, it reads as follows: "All bills for 'favorably. Having determined that the amendment was of great importance. "The raising revenue shall originate in the House matter involved the making of an appro Senate will first acquire the habit of prepar of Representatives, but the Senate may pro priation, it was referred to the House Com ing money bills, and then the practice wlll pose or concur with amendments, as in other mittee on the Judiciary with instructions grow into an exclusive right of preparing bills. No money shall be drawn from the to inquire into the right of the Senate under them." Gouverneur Morris opposed it as un Treasury but in consequence of appropria the Constitution to originate appropriation necessary and inconvenient. Williamson tions made by law." bills. This committee made a searching said, "Some think this restriction on the On the same day, a committee of five was examination of the entire question and con Senate essential to liberty, others think it of appointed "to revise the style of and arrange cluded that the Senate had such authority no importance. Why should not the former the articles which had been agreed to • • • ", and that the power to originate appropria be indulged? He was for efficient and stable referred to as the Committee on Style and tion bllls ls not exclusive in the House of Government but many would not strengthen Arrangement. Representatives. the Senate if not restricted in the case of On September 12, the Committee on Style After reviewing the British Parliamentary money bills. The friends of the Senate would and Arrangement made its report on a final practice at the time of Constitutional Con therefore lose more than they would gain by and revised draft of the Constitution. Sec vention, the House committee observed, refusing to gratify the other side." He tion. 7 of this final draft contained the pro "• • • if they (the Founding Fathers) had thereupon moved to postpone the subject vision: "All bills for raising revenue shall intended to secure to the House the sole until the powers of the Senate had been re originate in the House of Representatives, right to originate appropriation bills • • • viewed, and further action was then post but the Senate may propose or concur with it is but reasonable to suppose that they poned. amendments as on other bills." The last would have done so in perfectly plain and On September 5, the Committee of Eleven, clause of the version adopted on September 8, unequivocal terms." to which had been referred certain portions forbidding money to be drawn from the Following an examination of a portion of of the proposed Constitution upon which Treasury except in consequence of appropria the debates in the Constitutional Conven action had been postponed, filed a report tions made by law, had been removed from tion, the House committee stated: recommending, among other things, that "All section 7 and appeared as clause 6 of sec "From this brief summary it will be seen b1lls for raising revenue shall originate in tion 9. that the proposition was more than once the House of Representatives, and shall be SUMMARY OF DEBATES IN THE CONSTITUTIONAL presented to the Convention to vest in the subject to alterations and amendments by CONVENTION House o! Representatives the exclusive the Senate; no money shall be drawn from Summarizing the debates, it appears (1) privilege of originating 'all money bills' co the treasury, but in consequence of appro that originally each House was to have full nomine, which was so often rejected. It priations made by law." and equal authority to originate all bills; (2) would seem obvious, therefore, that the Gouverneur Morris moved to postpone con an attempt to except money bills and require framers of the Constitution did not intend sideration, noting that "it had been agreed to them to originate in the House of Represent that the expression 'bills for raising revenue', in the committee on the ground of compro atives was rejected; (3) as a result of a com as employed by them, should be taken as mise, and he should feel himself at liberty to promise between delegates from the small the equivalent of that term as it was under dissent to it, if on the whole he should not and large States, all States were given an stood in English parliamentary practice; for, be satisfied with certain other parts (of the equal vote in the Senate, in return for vest if they had so intended, they would surely report) to be settled." Sherman "was for ing in the House of Representatives exclusive have used that term itself, which had al giving immediate ease to those w'ho looked on power to originate both revenue and appro ready received a fixed and definite significa this clause as of great moment, and for trust priation measures, and this was tentatively tion from long and familiar usage, instead ing to their concurrence in other proper approved on two occasions; (4) subsequently, of the one they chose to employ." measures." Morris' motion carried by a vote a provision to vest exclusive authority in Thereafter, the House committee observed of 9 to 2 and the matter was postponed. the House over both revenue and appropri that it could not be said that the framers It should be noted, at this point, that here, ation bills was proposed by the Committee of the Constitution acted under any mis for the first time, we have an official recom on Detail and rejected on two occasions; (5) apprehension or want of proper deliberation. mendation from a special committee, directed this rejection was in three parts; one rejected Not only did they specifically reject lan to report with respect to matters which had the exclusive authority in the House to orig guage which would have vested in the House been postponed, which retains in the House inate money bills; the second rejected the of Representatives the exclusive privilege exclusive authority to originate measures for exclusive authority in the House to orig of originating appropriation bills, but raising revenue, while authorizing the Senate inate, with amendment by the Senate; and "No provision in the entire Constitution to alter or amend such measures, but which the third rejected exclusive origination of was more elaborately discussed or more care eliminates the exclusive power in the House appropriation measures in the House of Rep fully considered. The policy of investing the to originate appropriations. It is perfectly resentatives; (6) subsequently, a special com House of Representatives with the exclusive mittee, in an attempt at conciliation, recom privileges exercised by the English House 3 Warren, "The Making of the Constitution" mended that the House have exclusive of Commons in relation to 'money bills' was (Boston, 1937), p. 435. authority to originate revenue measures, with persistently and ably urged by such dis 4 Kasson, "History of the Formation of the amendment by the Senate, and exclusive tinguished and patriotic statesmen as George Constitution," in "History of the Celebration authority to originate appropriation meas- ·Mason, Elbridge Gerry, and Benjamin Frank- of the One Hundredth Anniversary of the Promulgation of the Constitution of the 5 Warren, "The Making of the Constitu 6 Kassan, "History o! the Formation of the United States" (Phlla., 1889), p. 104. tion," op. cit., p. 670. Constitution, op. cit., supra, p. 105. 1963 CONGRESSIONAL RECORD - SENATE 7079 lin; and the impropriety of making any dis :ferred, and that the power to originate bills that since the amendment which imposed crimination whatever between the two appropriating money from the Treasury of the tax originated in the Senate, it was void. Houses as to their power to originate any the United States is not exclusive in the The Court held that this was not a revenue bills was forcibly presented by Madison, House of Representatives." bill "which the Constitution declares must Gouverneur Morris, Oliver Ellsworth, James This report, which was accompanied by originate in the House of Representatives." Wilson, and Roger Sherman." minority Views, was recommitted. The mi In disposing of this contention, Mr. Justice Continuing, the House committee states: nority views contained the usual arguments Harlan (202-3) stated: "To say that the illustrious men who com advanced in support of the contention that "Mr. Justice Story has well said that the posed the Federal Convention were incapable the House of Representatives has exclusive practical construction of the Constitution of declaring in clear and unmistakable lan power to originate appropriation b1lls. and the history and origin of the constitu guage that the House of Representatives VIEWS OF COMMENTATORS AND THE SUPREME tional provision in question proves that reve should have the sole right to originate ap nue bills are those that levy taxes in the propriation bills, if such had been their in COURT OF THE UNITED STATES strict sense of the word, and are not bills tention, would be an insult to their intelli The precise question of the right of the for other purpooes which may incidentally gence, which, in view of the precise and Senate to originate appropriation bills has create revenue. • • *" perspicuous terms used in the resolution re never been passed upon directly by the courts. However, it has been the subject BASES FOR THE POSITION OF THE HOUSE OF ported by Mr. Gerry, the substitute offered REPRESENTATIVES by Mr. Randolph, and the amendment pro of comment by several commentators and posed by Mr. Strong, could only stultify the has been treated indirectly in several deci The position of some Members of the House person who might hazard such an insinua sions of the U.S. Supreme Court. of Representatives, that the Constitution tion; and it would be no less an imputation Mr. Justice Story, writing in 1833, in his vests in that House exclusive authority to upon their integrity and candor, a.s well as famous "Commentaries on the Constitution originate appropriation bills, appears to have a gross abuse of construction, to suppose of the United States," stated: 1 received its principal support from Asher that they intended to be understood as "• • • What bills are properly 'bills for Hinds and Representative CLARENCE CANNON, meaning precisely what they repeatedly re raising revenue,' in the sense of the Consti both former House Parliamentarians, and a fused to say in plain words, especially when tution, has been a matter of some discus considerable amount of material on the sub such a meaning cannot be inferred by any sion. A learned commentator supposes that ject is found in "Hinds' and Cannon's Prece possibility from the language they actually every bill which indirectly or consequent dents." Additional material ls found in employed, if that language is taken accord may raise revenue is, within the sense of Luce's "Legislative Problems," and in the ing to its natural and ordinary import." the Constitution, a revenue bill. He there minority views attached to the report of the The House committee came to the con fore thinks that the bills for establishing House Committee on the Judiciary (H. Rept. clusion that it was never the intention of the post omce and the mint, and regulating No. 147, 46th Cong.), referred to above. the framers of the Constitution to withhold the value of foreign coin belong to this class, However, the major work purporting to sup the power of originating appropriation bills and ought not to have originated (as in port this position is found in an article by from the Senate, and that this was clearly fact they did) in the Senate. But the prac former Senator John Sharp Williams, written shown from the language used in the instru tical construction of the Constitution has in 1912 and published as Senate Document ment and the circumstances under which been against his opinion. And, indeed, the No. 872 (62d Cong., 1912). that language was employed. history of the origin of the power already In this article, Mr. Williams, after review Concerning the argument that usage and suggested abundantly proves that it has ing briefly the debates in the convention been confined to bills to levy taxes in the arrives at the events of September 8, 1787~ customs should govern, the committee said: strict sense of the words, and has not been Noting the adoption by a vote of 9 to 2 of "• • • if the Senate was ever invested understood to extend to bills for other pur the language "All bills for raising revenue with that power by the Constitution, it can poses, which may incidentally create reve shall originate in the House of Representa not be said to have lost it by nonuser. For nue. • • •" tives, but the Senate may propose or concur tunately for us, that is not the way in which with amendments, as in other bills. No our constitutional provisions are changed, More recently, an equally eminent au thority on the Constitution, W. W. Willough money shall be drawn from the Treasury but nor can they be altered by mere parliamen in consequence of appropriations made by tary practice. They must remain in the by, in his definitive work, "The Constitu tional Law of the United States" stated: a law," he says, "no discussion. Evidently plain words in which they are written until nobody thought that it made a difference amended by the concurrent votes of two "The Constitution provides that 'all bills for raising revenue shall originate in the from previous drafts. Why? Because the thirds of each branch of Congress and the phrase 'raising revenue' was equivalent to legislatures of three-fourths of all the States House of Representatives; but the Senate may propose or concur with amendments as the phrase 'raising money and appropriating in the Union, and while they remain they the same'." must be construed according to the simple on other bills.' "This provision has given rise to frequent In coming to this conclusion, Mr. Williams and well settled rules of interpretation ap ignored completely the fact that on two plicable to all other written language controversies between the two Houses of Congress, but has but seldom been passed occasions a provision by the Committee on "If the mere practice of the two Houses or Detail to vest exclusive authority over both of either of them can be said to affect in any up by the courts. No formal definition of a revenue measure has been given by the Su revenue and appropriation b11ls was rejected. way a clear constitutional principle, in Furthermore, at the time of the second re stances in which the House has passed, with preme Court, but in Twin City National Bank v. Nebeker. the Court, in effect, held jection, a vote was taken on the following out objection, appropriation bills which have language: "No money shall be drawn from originated in the Senate, might be adduced that a bill, the primary purpose of which is not the raising of revenue, is not a measure the Public Treasury, but in pursuance of in sUffi.cient numbers to fill a volume." that must originate in the House, even appropriations which shall originate in the In concluding its report, the committee though, incidentally, a revenue will be de House of Representatives"; and it was de stated: rived by the United States from its opera feated by a vote of 10 to 1. "With the policy of such a provision your tion." How Mr. Williams was able to conclude committee has nothing to do. That was Concerning appropriations acts, Mr. Wil after that action and the debate surrounding a matter to be considered and determined loughby stated: o it that the phrase "'raising revenue' was by the convention which :framed the Con "It would seem that the Senate has full equivalent to the phrase 'raising money and stitution and the States which ratified it. power to originate measures appropriating appropriating the same'" is not readily ap And whether they acted wisely or unwisely money from the Federal Treasury. parent and is merely based upon his own per in that regard cannot alter the fact that sonal views and interpretations, rather than there is nothing in the language of the "This right has at times been denied by certain Members of the House, but the House on historical facts and events. Constitution to indicate an intention on Mr. Williams also made much of the fact their part to withhold from the Senate the has not itself formally adopted this negative view." that the final draft, which omitted any ref power to originate bills for the appropria erence to "appropriations," was the work of tion of money or that they repeatedly re In Twin City Bank v. Nebeker,10 the Su the "Committee of Revision of Style," con jected a proposition to confine that privilege preme Court of the United States upheld cluding that it "seems still evident that to to the House of Representatives, although the validity of a statute providing a na 'raise revenue' meant to raise money and ap presented in the most emphatic and un tional currency secured by a pledge of bonds propriate it." He made no reference to the equivocal terms. Believing, therefore, from of the United States and imposing a tax on fact that this committee moved the last the plain letter of the Constitution, as the notes in circulation of the banking as clause of the version adopted on September well as from all the circumstances sur sociations organized under the statute, in 8, dealing with appropriations, from section rounding the adoption of the provision in furtherance of that object and to meet the 7 of the final draft to section 9 of the final question, that the Senate had the clear right expenses attending the execution of the act. draft. It is certainly just as valid to as to originate the bill, they report it back to It was contended that since the act imposed sume that the committee took this action in the House, with the recommendation that a tax, it was a revenue raising measure; and order to separate, once and for all, the ap it be referred to the Committee on Appro propriation provision from the revenue pro priations, and that the following resolution 1 Vol. 2, pp. 342-343. vision, in order to a void the oonfilct and be adopted: 8 (2d ed., 1929), vol. II, p. 658. misunderstanc!ing which existed throughout "'Besolvea. That the Senate had the con 9 Ibid., p. 657. a considerable portion of the debate. Mr. stitutional power to originate the bill re- 10 167 U.S. 196 (1897). Williams' implication, that the omission of 7080 CONGRESSIONAL RECORD - SE~f'\~ April 25 any reference to "appropriations., was purely money bills, and of originating appropria tion, except that the clause requiring appro one of style and arrangement, certainly finds tions of money." u priation made by law prior to drawing money no justification in the facts reviewed, and CONCLUSIONS from the Treasury was moved to another must be treated as mere conjecture on his section by the Committee on Style and Ar As stated at the outset of this study, an rangement. It is obvious that this action part. examination of the debates of the framers of Mr. Williams proceeded to review the de could not have been inadvertent, since the the Constitution and of the principal com committee in question had no authority to bates in some of the State conventions on mentators and authorities on the subject the ratification of the Constitution. His make substantive changes. Therefore, their reveals, beyond any doubt, that the Senate action in dropping any reference to appro references to the language used, however, has constitutional authority to originate are inconclusive, since all or most of them are priation measures from article 1, section 7, appropriation bllls. This conclusion is based clause 1, was done deliberately in order to to "money bills," a term which, although used upon the following findings: in the debate by the framers, was later dis carry out the desires of a majority of the 1. The language of the Constitution itself delegates, and to eliminate any possible con carded in favor of the more precise term makes it perfectly plain that the exclusive "bills to raise revenue," and "appropria fusion which had been generated by the authority of the House of Representatives earlier language. Had this action been tak tions." By tortured interpretations of the refers only to "bills for raising revenue" en, merely as a matter of style, it would terms, "money bills," "revenue bills," ~nd which term means "levying taxes." If the have exceeded the authority of the com "supply bills," he attempts to show with delegates to the Convention had desired to out any noticeable basis, that they really mittee, and the Constitution would never vest sole authority over appropriations in have been ratified in that form. mean "appropriation bills." the House of Representatives, it may be 9. Since the power to originate appropri Mr. Willia.ms states further that "if you assumed, in the light of their intellectual ation measures was clearly vested in the will read the proceedings of the Constitu capacities and stature, that they would have Senate by the Constitution, the fact that tional Convention at Philadelphia very care done so in plain and unequivocal terms, par the Senate, as a matter of practice and pro fully, you will find tbat the whole argument ticularly in view of the fact that attempts cedure, has permitted the House of Repre there was whether the Senate should or to confine that authority to the House were sentatives to originate general appropriation should not have the right to amend. There rejected repeatedly. This position ls further bills over a long period of time, cannot op never was one moment spent in discussion supported by the refusal of Delegate George erate to divest the Senate of this important as to whether the House should or should Mason to sign the Constitution because it constitutional power. If this is desirable, it not have the right to originate." gave the Senate power to originate appro must be done by an amendment to the Con It is apparent that Mr. Williams did not priations, quoted in the preqeding paragraph. stitutl.on as prescribed by that document. read the debates with the care he requested 2. The practice of the English Parliament, Approved: of others. As early as June 13, 1787, when at the time of the Constitutional Conven ELI E. NOBLEMAN, Gerry moved to change the equal right in tion, under which the House of Commons Professional Staff Member. both Houses to originate all legislation, so as controlled both revenue-raising and appro WALTER L. REYNOLDS, to except money bills "which shall originate priation bills, was well known and under Staff Director. in the House of .Representatives," Butler, stood by the delegates. The question of Madison, Sherman. and Pinckney took issue vesting the same powers in the House of [From the New York Times, Apr. 16, 1963) with him. Madison specifically observed Representatives was thoroughly debated and IN THE NATION-Son FOOTFALLS OF CHANGE that "the Senate would be the representatives was ultimately rejected as inapplicable to the of the people as well as the .first branch," and IN NOISY TIMES situation at hand, since the Senate bore no (By Arthur .Krock) "as the Senate would be generally a more resemblance whatever to the hereditary capable set of men, it would be wrong to Houi;e of Lords. WASHINGTON, April 15.-Considering the exclude them from any preparation of the 3. The framers of the Constitution delib clamor of the disputes over domestic and for business, especially of that which was im erately discarded the term "money bills", eign policy between the administration and portant, • • •." Sherman said, "We estab used in English parliamentary practice, be its critics, and those among the free world lish two branches in order to get more wis cause of the confusion generated by this nations over collective defense and economic dom which is particularly needed in the term. Furthermore, they understood fully programs, it is not surprising that, of two :fln~ce business. The Senate bear their the distinction between revenue-raising very -important moves in the direction of share of the truces and are also representatives measures and appropriation measures, and, fundamental change in -our governing sys of the people." Pinckney noted that this at no time was it intended that the term tem, one has Just come to national notice, distinction in South Carolina has been a "bills for raising revenue" was to include and the other is advancing toward its goal source of "pernicious disputes between the bills for appropriating money. without arousing the goal tenders. two branches." After the debate, Gerry's 4. Originally, each House was given equal APPOltTIONMENT POWER motion was defeated by a vote of 7 to 2. authority to originate all bills, and an at The first basic change, which 10 State leg Subsequently, on August 6, the Committee tempt to except money bills and require on Detail, in its report, provided for the islatures have now invoked their constitu them to originate in the House of Represent tional right and privllege to set in motion, origination in the House of Representatives atives was rejected. of "all bills for raising or appropriating would be the return to all 50 States of the 5. As the result -0f a compromise between final power to apportion their legislative money * * *." In the debate on this pro the small and large States, all States were seats, denying all Federal court Jurisdiction vision on August 8, Gouverneur Morris said, given an equal vote in the Senate in return "it is particularly proper that the Senate in this political area by an amendment to for vesting in the House of Representatives the Constitution. The second would be the shall have the right of originating money exclusive power to originate both revenue bills. They will sit constantly, will consist assertion by the U.S. Senate of equal right and appropriation measures, and this was with the House to originate appropriation of a smaller number, and will be .able to tentatively approved on two -occasions. bills, a fundamental broadening of procedure prepare such bills with the due correctness; 6. Subsequently, a provision to vest exclu and so as to prevent delay in the other with great but unforeseeable effects on the sive authority in the House over both rev future fiscal condition of the Government. House." Following further debate, the pro enue and appropriation measures was pro This claim of Senate power, which the House vision was rejected by a vote of 7 to 4. In posed and rejected on two occasions. This has rejected ever since the beginning of the further debate, several days later, Wilson rejection was in three parts: one vote re Government, has just been certified as con said that "the purse was to have two strings, jected the exclusive authority 1n the House one of which was in the hands of the House stitutional in a staff study for the Commit to originate money bills; the second rejected tee on G<>vernment Operations headed by of Represe~tatives, the other in the Senate. the exclusive authority in the House to origi Senator McCLELLAN, of Arkansas. Both Houses must concur in untying, and of nate, with amendment by the Senate; and what importance would it be which untied Since the courts have never decided this the third rejected exclusive origination of issue, and the Senate has acquiesced to the first, which last." He could not conceive "it appropriation measures in the House of insistence of the House that it alone may to be any objection to the Senate's preparing Representatives. the bills," and "the restriction in favor of constitutionally originate appropriations, the 7. Having reE.Ched an impasse on this ques House has paid very little attention to pre the House of Representatives would exclude tion, a special committee, in an attempt at the Senate from originating any important vious Senate complaints. But if this study, conc111ation, recommended that the House prepared for Senator McCLELLAN by Eli E. bills whatever." have exclusive authority to originate revenue Nobleman of the committee staff, persuades In the light of the foregoing, it certainly measures, with amendment by the Senate, the Senator to urge a showdown on the is cannot be said with any degree of accuracy, and exclusive authority to originate appro sue, and the Senate goes along with him, the that "there never was one moment spent in priation measures was dropped, in order to House's long-prevailing treatment of it as a discussion as to whether the House should placate those delegates who resented the at harmless exercise in constitutional research or should not have the right to originate." tempt to exclude the Senate from a matter will end in a stalemate of appropriating that Finally, we have the clear statement of of such importance as appropriations. the Federal courts wlll be obliged to try to· George Mason, a delegate from Virginia, who 8. The Convention finally adopted the break. gave, as one of his reasons for refusing to language now contained in the Constltu- ORIGINATING MONET BILLS sign the Constitution, the fact that "the This issue between the two branches ba.s Senate shall have the power of altering all 11 See, supra, note 1. moved to the active from the inactive status 1963 CONGRESSIONAL RECORD - SENATE 7081 with the new determinat"ton revealed by the CURIOUS LACK OF NOTICE SHIPS TRADING WITH CUBA Senate to establish a joint committee on This lack of national notice is the more the budget. That legislation, designed to curious because the legislatures of States Mr. GOLDWATER. Mr. President, provide overall congressional management such as Missouri, with urban populations Lloyd's Shipping Index gives a daily ap of expenditure .. versus revenue, has passed able in combination to control their politics, praisal of shipping on the oceans of the the Senate five times, only to be killed in had joined the procession, and its objective world. I became interested in this avail the House on the claim that it is a mecha had also been approved by one branch of the able information, and I feel certain that nism by which the Senate can originate ap legislatures of other States in the same cate my colleagues in the Congress will be in propriations and thereby elude the constitu gory-New Jersey and Illinois among them. terested in what a study of the index of tional restriction of this function to the Hence it may be that the rapid action in 19 of March 14 reveals. House. But now the bill, drawn in rejection States to conform to the Supreme Court's of this claim on the basis of the Nobleman new assumption of authority over legislative It is interesting in an intriguing way study, has 76 sponsors, more than three apportionment had so convinced the zealous to notice the number of British ships fourths of the Senate. and highly articulate supporters the rule plying trade with Cuba, when they have Obviously, the preparation of a staff study was established that they quit listening for been asked to assist our Navy in inter is the quietest of all the originating phases the tread of State reaction in the increasing cepting the small groups of Cubans try of legislation. This sufficiently explains, noise of the larger national and interna ing to retake their own country. In though the product may be a bomb, as in tional policy battles. this instance, the quiet of its target, the In the alarm of their awakening, however, fact, the whole study indicates that House, during the production stage. But this group seems to be overlooking at least there is anything but a diminution of it does not account for the fact that no na two aspects of the situation. ( 1) The 10 shipping to the Communist-dominated tional attention was drawn to the mounting legislatures exercised their specific rights as country immediately to our south. procession of State legislatures, toward re stated in the Constitution. (2) There is no I ask unanimous consent to insert the gaining from the Federal courts the power evidence as yet of an .overall design to pre index in the RECORD. of the electorate of the States to fix their vent an equitable register of urban and own formula of legislative representation, rural votes by referendums on State reappor There being no objection, the index until the number of marchers had reached tionments if and when recovered from the was ordered to be printed in the RECORD, 10. jurisdiction of the Federal courts. as follows: Ships trading with Cuba OTHER THAN RUSSIAN [Partial list positions based on Lloyd's Shipping Index of Mar. 14, 1963] Year Gross Net Vessel Flag registry built ton ton From- For- Latest report nage nage 1943 7,314 4,325 Cienfuegos______Osaka______Arrived Mar. 1. 1957 9, 74-4 5,628 Novorossisk______Havana______Arrived Feb. 5. !r3!~~~=1:::::::::::::::::::::::::: -~;~?~:::::::::::::::: 1939 4, 664 2,682 Nligata ___ ------_____ do ______In 22:30 N. 37 W. Mar. 8. 1962 9,-662 5. 551 Havana Mar. 2______Vancouver ______Passed Panama Canal Mar. 8. 1942 6,984 5, 105 Havana Feb. 10______Sagua______1956 8, 785 5,038 Calcutta_-~------Havana______Arrived Kobe Mar. 13. Bar_i~!~;=~~~:::::::::::::::::::-______.: ______: ______-t~~i:=:::::::::::::::Yugoslav------_ 1943 7,233 4, 403 Havana Feb. 22------Antilla______1956 8, 789 5,045 Calcutta__ ------Havana______Arrived Callao Mar. 8. 1942 7, 173 4,287 Havana Mar. 2______Cardenas ______1928 5,907 3,350 Havana Jan. 12______Gothenburg______Arrived Jan. 31. !~tft~~~:::::::::::::::::::::::::: fi~t-~:::::::::::: Hango Feb. 9_ ------Havana______Bytom_ ------____ ------_---- ;E'olish ______------1942 5, 967 3, 981 ______------______do ______Arrived Mar. 11. Ernst Moritz Arndt______; _ East German ______194 6, '996 4,264 Arrived Feb. 24. - GlynafoIL------British ______1953 7,021 4, 131 Matauzas_ ------Japan ______In 8.56 N. 96.2 W. Mar. 6. Himmerland______Danish_·------1956 8, 774 5, 130 Whampoa______Cienfuegos ______Arrived Mar. 7. J. G. Fichte______East German ______1949 ll, 883 5,088 Havana Oct. 27 ______Nuevitas ______Karl Marx Stadt_------_____ do ______1960 9,632 5, 758 Cienfuegos Feb. 25______Rostock ______Kladno ______------___ Czechoslovak __ ------1959 8,837 5,466 Havana Mar. 2______Nicaro ______Kongsgaard______Norwegian ______1961 19,999 12, 709 Tuapse______Cuba ____ ------Sailed Augusta Mar. 11. Linda Giovanna------~---- Italian_------1940 9,985 6,064 Cienfuegos Feb. 25______LiverpooL ______Anchored Mersey Bar Mar. 13. Linkmoor '------British.______1961 8,236 4,583 London Feb. 28------Havana______Passed Deal Feb. 28. London Confidence------_____ do __ ------1962 21,699 12, 976 Havana Feb. 18 •.• ------Novorossisk ______Arrived Mar. 7. 1950 10, 776 6,277 Santiago Mar. 3______Black Sea______In 29:10 N, 41:20 W. Mar.10. LordLondon Gladstone Pride_------1 ______do ______------_ 1959 11, 299 6,574 Passed Istanbul Mar. 11. PiraeusNovorissisk Feb. Mar. 10______HavanaCuba------______Maria Santa------Greek.------1943 7, 217 4,467 15______Sailed Freeport (Bahamas) Mar. 12. Mastro-Stelios II------_____ do_ ------1943 7,282 4,674 N ovorossisk: ______----_do __ ------Arrived Feb. 11. North Express.------_____ do __ ------1957 10, 904 6,294 Odessa------Cuba ___ ------Off Gibraltar, Mar. 2. Ole Bratt------Norweg1an ______1945 5,252 2, 948 Hsinkang_ ------Havana______Arrived Feb. 11. Overseas Explorer------British. ______Santiago Feb. 20------Odessa______Pamit______Greek ______1955 . 16, 267 9,480 Arrived Mar.10. 1945 3,929 2,296 Rotterdam______Havana ______Sailed Antwerp Feb. 20. Polyclipper------______Norwegian ______----- 1954 11, 737 6, 766 Havana Mar. 6______Black Sea______Priamos. ____ ------______German______1959 3,027 1,609 Arrived New Orleans Mar. ------7 from Cuba. Shien!oon______-----___ _ British ______----____ _ 1944 7, 127 4,343 Havana Mar. 10______Caribarien ______Spree_____ "------East German_------1952 2, 736 1,355 Havana F-eb. 20______Nicaro ______Stylianos N. Vassopulos______Greek ______Odessa Feb. L______Havana______Arrived Mar. 2. 1943 7, 24-4 4,396 Novorissisk Feb. 28 ______do______Sirius 1 __ ------___ _ ·----do ______------__ _ 1955 16, 241 9,562 Sailed Augusta Mar. 4. Thomas Muntzer _ ------East German ______1937 5,345 2, 961 Hamburg Mar. t______Cuba______Tulse Hill______British ______------1943 7, 120 4,249 Novorossisk______Matanzas ______Arrived Feb. 1. Tine 1 __ ----- _ ------Norwegian ______1930 4, 750 2, 702 ShanghaL______Havana______Passed Gibraltar Mar. 7. 1 Added to blacklist of Maritime Commission on Apr. 10._ RUSSIAN VESSELS Vessei Year Gross Net tons From- For- Latest report built tons Admiral Nachimov ______1925 Odessa______Havana______15, 286 8,988 ______----______do ___ __---- ______---- Arrived Mar. 8. Alapajevsk ______------1960 5, 411 2, 912 Arrived Mar. 9. - ______----______do _____ ------_------Almetjevsk. __ ------1959 5, 411 2,951 Arrived Mar. 2. Angarges ______------1957 5,494 2,856 Amsterdam Dec. 18------Cuba ______Sailed Rotterdam Dec. 22. AragvL ___ _ • ------1960 4,084 2, 133 Havana Mar. 3 ______------A tkarsk ___ ----_-- _------__ __ 1960 5,411 2, 916 Arrived Mar. 6. BaikaL _------1962 4,800 ~~~a~eb-.-2i======:::::::= -~~~-~~====:::::=::::::: Baku.------1943 7, 176 ----4;380- Havana Mar. 9------Puerto Padre ______Baltika_ ------1940 7,494 3, 452 Havana Feb. 13------Riga_------~------Bolshevik Suchanov __ ------1959 6,660 3,666 Odessa ______----_ Santiago ___ ------Arrived Mar. 9. Havana Mar. 2------_____ do ______Bratsk_ ------1957 5, 518 2,952 Arrived Mar. 10. Bucbal'1:'st ______. ------21,255 11,676 Havana Feb. 28______Black Sea______Cberniakhovsk __ ------1961 -5,382 2,889 Turku. __ ------Havana______: ______Arrived Mar. 6. Cbernovski. _------1955 8,229 3,942 Havana Feb. 16------Antilla______Dek abrist------1943 7,175 4,380 Guantanamo Bay Feb. 1------7082 CONGRESSIONAL RECORD - SENATE April 25 Ships trading with Cuba-Continued RUSSIAN VESSELS-Continued [Partial list positions based on Lloyd's Shipping Index of Mar. 14, 1963] Vessel Year Gross Net tons From- For- Latest report built tons Cienfuegos Feb. 5______Odessa______.;. ____ _ Passed Istanbul Mar. 6. Havana Feb. 5 ______------~~~~~ft!~~~~======m: ~: g~~ ~: ~ Havana Mar. 10 __ _------Black Sea______DruzhbB------GogoL ______.:. _____ 19551960 25,3, 050719 161,, 289568 Havana Jan. 10_ ------Ivanovo______1956 8, 229 3, 942 Havana Mar. 6 __ ------Black Sea______Izhevsk------1958 5, 513 2, 951 Havana Feb. 11------Antilla______Karachajevo Cherkessija ______------Santiago Mar. 4------Matanzas ______Kasimov______1962 9, 250 5, 500 Tunas de Zaza______Cienfuegos ______Arrived Mar. 1. Kimovsk----~------1962 9, 250 5, 500 Cuba______Rotterdam______Arrived Mar. 8. Kirovsk______1957 5, 518 2, 952 Arrived Mar. 8. Kislovovsk______1959 5, 419 2, 946 - iiiivana-:Mar:-io_-~:::::::::::: ~~filif~:::::::::::::::: Komiles______1960 4, 639 2, 349 Santiago Feb. 16______Manzanillo ______Kovrov _------1962 9, 250 5, 163 Santiago Feb. 14______Cienfuegos ______Arrived Feb. 16. Krasnograd______1961 9, 000 5, 156 Havana Dec. 3 ______------Passed Elsinore Dec. 19. Labinsk______1960 9, 820 5, 261 Odessa______Havana ______Sailed Gibraltar Jan. 10. Lebedin______1962 22, 226 15, 360 Black Sea ______do ______Sailed Gibraltar Mar. 7. Leninsky KomsomoL------1959 12, 016 6, 718 Havana Feb. 2------Nuevitas ______Lenkoran______1962 23, 159 14, 575 Havana Feb. 18 __ ------Odessa______Arrived, Mar. 6. ------Havana______Arrived Feb. 20. Ljgov------1961 5, 382 2, 889 ___ ------______--__ do ______----_ 1 Arrived Mar. 11. ~~~aH l!r~:::::::::::::::::::: ~~ !: ~~ ~: ~~ Havana Mar. 3______Riga_------Nemirovich Danchenko______1957 3, 385 1, 577 ------Havana______Arrived Feb. 28. Nikolaevsk______1962 4, 870 2, 060 Havana Nov. 5______------Passed Elsinore Nov. 18. Okkotsk __ ------1962 11, 106 6, 337 N ovorossisk ______------_ Cienfuegos_------______Arrived Feb. 5. Praga______1961 21, 255 11, 676 Havana Feb. 28 ______Black Sea______Pskov______1943 7, 176 4, 235 N ovorossisk______Havana___ -----______Arrived Fe):>. 7. Rionges______1957 5, 494 2, 856 Havana Feb. 13. ___ ------Antilla______Slavsk_ ------1962 9, 344 4, 945 Rotterdam Feb. 18_ ------Cuba_------Slutsk------1963 3, 170 1, 225 Santiago Feb. 20 ______Santiago ______Sovetsk------1962 9, 344 4, 945 Havana Feb. 16_ ------Puerto Padre ______Sretensk------1959 5, 419 2, 946 Rostock ___ ------Havana______Arrived Feb. 20. StanislovskY------1956 3, 385 2, 577 Leningrad __ ------___ __ do __ ------Feb. 27. Stepan Razin______1943 7, 176 4, 235 Havana Mar. 3------Cardenas __ ------Sverdlovsk ______------Havana Nov. 24------Tsimly Anskges______1957 5, 494 2, 856 Havana Jan. 15_. ______Puerto Padre ______Tukum------1962 3, 128 1, 553 Halifax Mar. 10 ___ ------Havana______Urjupinsk------1959 5, 628 2, 744 Odessa______------______do ____ ------Arrived Mar. 6. Vilnus __ ------1939 4, 956 2, 601 Leningrad __ ------Santiago __ ------Arrived F eb. 16. Vladimir______"------8, 229 3, 942 Matanzas ___ ------Odessa____ ------.---- Volgograd------1944 7, 216 4, 382 Havana Jan. 12______Vladivostok ______ COMMUNIST DOMINATION OF ]j::S States to possess a warm understanding and BUSINESS EDUCATION NEEDS THE TONIA, LATVIA, AND LITHUANIA sympathy for' the aspirations of peoples GI BILL NOW . everywhere; and Mr. BREWSTER. Mr. President, Whereas so many countries under colonial Mr. YARBOROUGH. Mr. President, Americans who contemplate the present domination have been or are being given the as chairman of the-Senate Veterans' Af status of the once proud nations of Es opportunity to establish their own independ fairs Subcommittee, I was deeply im tonia, Latvia, and Lithuania, cannot ent states, the Baltic Nations having a great pressed by testimony recently presented avoid a deep sense of regret and of sym historical past and having enjoyed the bless before this committee in favor of the ings of freedom for centuries are now sub pathy for the injustices suffered by the jugated to the most brutal colonial oppres cold war GI bill, by Robert w. Sneden, citizens of these nations who must now sion; and of Grand Rapids, Mich. live under Communist domination. Whereas the Communist regime did not Mr. Sneden is president of the Daven I rise today to pay my respects to the come to power in Lithuania, Latvia, and port Institute, a junior college of busi determination of these great peoples, Estonia by legal or democratic process;· and ness, and is president-elect of the United and of their relatives here in the United Whereas the Soviet Union took over Lith Business Schools Association. States, in their efforts to regain the free uania, Latvia, and Estonia by force of arms; In this dual capacity, Mr. Sneden is dom and independence of their native and very much aware of the importance of lands. Whereas Lithuanians, Latvians, and Es setting up a GI bill for education aid to I ask unanimous consent to have in tonians desire, fight, and die for national in dependence and freedom; and veterans. serted in the RECORD, at this point, a His testimony is a strong defense of noble resolution, recently framed by the Whereas the Government of the United States of America maintains diplomatic rela educational programs for veterans, and sons and daughters of these countries tions with the Governments of the Baltic also emphasizes the role business schools who now make significant contributions Nations of Lithuania, Latvia, and Estonia and colleges of the Nation would perform to American society in Maryland, but are and consistently has refused to recognize if this cold war GI bill were enacted. not unmindful of the needs of their rela their seizure and forced incorporation into Many times in arguing for passage of tives back home. the Union of the Soviet Socialist Republics; this GI bill, which I have introduced My concern, and the concern of all and \Vhereas no just peace and security can be and reintroduced. in three successive ses Americans for these people, has led me sions of Congress, I have pointed out to forward copies of this resolution to the achieved in the world while these and other nations remain enslaved: Now, therefore, that veterans will more than repay the President of the United States, the Sec be it Government for their. educational aid retary of State, and our permanent Am Resolved, That the Senate and House of through increased earnings and payment bassador to the United Nations. Representatives of the United States of of higher income taxes. There being no objection, the resolu America request the President of the United But this matter of self-financing is tion was ordered to be printed in the States to bring up the Baltic States question not by any means the major point in RECORD, as follows: before the United Nations and ask that the United Nations request the Soviets (a) to favor of enactment of a GI bill. In pre Whereas the greatness of the United States senting his thoughtful and well-docu is in large part attributable to its having withdraw all Soviet troops, agents, and con trols from Lithuania, Latvia, and Estonia; mented testimony, Mr. Sneden also dis been able, through democratic process, to cusses the inequity of present educational achieve a national unity and freedom of its ( b) to return all Baltic deportees from Si people, even though they stem from the most beria, prisons and and slave camps in the So opportunities for veterans, the need for diverse of racial, religious, and ethnic back- viet Union; and be it further raising the level of education and skills grounds; and . Resolved, That the.United Nations conduct of our work force, the advantage of mak Whereas this national unification of the free elections in Lithuania, Latvia, and Es ing military enlistment more attractive, free society has led the people of the United tonia under its supervision. the need to relieve labor markets of non- 1963 ' CONGRESSIONAL RECORD - SENATE 7083 training and semitrained applicants, and and similar measures introduced in the 86th datory service at an early age may have the importance of giving these veterans Congress. upon education. At the age of entrance into an opportunity to become more valuable IMPORTANT GENERAL CONSIDERATIONS military service, schooling is the occupation of many, and military service will delay some to the society in which they live. I urge In the development of the position of the young men from advancing their formal edu every Senator to read the answering United Business Schools Association on S. 5, cation and will perhaps cause some to drop arguments to opponents of the bill which we believe that the following general consid their plans forever because marriage and is summarized in fine, irrefutable argu erations are entitled to great weight as they other pursuit s may interfere with their re ments. The 10-point conclusion should are considered by your committee: turn to school or college." reach the seat of knowledge of every 1. Conditions today are such that thou 4. An educational assistance bill will pro sands of young men are required by the com vide America with professional, technical American. pulsory draft law to serve on active duty in I ask unanimous consent that this fine and vocational skills that otherwise might the Armed Forces for a specific period of be irreplacably lost. Our present critical statement from one of the Nation's lead time. If there should be any question in shortages in certain essential occupations ing authorities on education be printed the mind as to safety and lack of risk in would be even more catastrophic except for in the RECORD. the military service today, we need only to the passage of the previous GI bills. There being no objection, the state mention Vietnam, Berlin, Congo, Formosa, 5. We have already recognized GI bills in ment was ordered to be printed in the Korea, Greenland, and numerous satellite the past; namely, in the World War II GI areas and other hot spots in the world. bill and the Korean GI bill, and the need to RECORD, as follows: These serve as reminders that we must main STATEME NT ON S. 5 BEFORE THE SUBCOMMITTEE furnish our servicemen with opportunities tain a constant state of preparedness and to overcome in part the years lost from ON VETERANS' .AFFAIRS OF THE COMMITI'EE must continue to expose our servicemen to ON LABOR AND PUBLIC WELFARE, U.S. SENATE, civilian life and to establish themselves in the hazards of potentially explosive military productive and useful occupations. In a BY ROBERT W. SNEDEN, PRESIDENT, DAVEN incidents. Following this active duty, these PORT INSTITUTE, GRAND RAPIDS, MICH. press release issued on June 22, 1954, the young people are further compelled to per 10th anniversary of the World War II bill, My name is Robert W. Sneden. I am pres form additional services in the Active Reserve the Veterans' Administration stated: ident of the Davenport Institute, a junior and, later, the Standby Reserve. Their total "Through the GI bill, the World War II college of business in Grand Rapids, Mich., obligation, once entered upon active duty, veterans have become the best educated which is accredited by the Accrediting Com generally extends for 6 years. group of people in the history of the United mission for Business Schools. If these cold war conditions were not pres States. I appear before you as president-elect of ent, the majority of these men would not be "Because of their training they have raised the United Business Schools Association. entering military service but would be pur their income level to the point where they United Business Schools Association, which suing their own individual goals in civilian now are paying an extra billion dollars a I have the honor to represent, is the one life. At the present time our Federal Gov year in income taxes to Uncle Sam. At this educational association speaking for some ernment does not offer these young people rate, GI bill trained veterans alone will pay 500 of the top independent business schools any help in coping with the problems created off the entire $15 billion cost of the GI edu and colleges of the Nation which adhere to its for them by the cold war and their compul cation and training program within the next standards and regulations. Its roots go back sory military service. They need the help of 15 years." to 1912, and the present name is the result this legislation to catch up with those con This means that the educational assist of the merger in May of 1962 of the National temporaries who were not asked to serve ance given to the young servicemen will be Association and Council of Business Schools, in the Armed Forces. self-liquidating. The Federal Government of which I am a past president, and the 2. Educational assistance to these young will be paid back the cost of the education American Association of Business Schools. people is only fair based upon the student through increased taxes on higher earnings Its companion organization, The Accrediting deferment policy. Many students were de resulting from the students' education. Commission for Business Schools, has been ferred due to the Government's recognition Therefore, ultimately the investment the recognized by the U.S. omce of Education as of the importance of education and it is Government makes in educational assistance a "nationally recognized accrediting agency" inconsistent to deny educational benefits will be completely repaid. under the Veterans Readjustment Assistance to those who have already served. If edu 6. Actual hostilities ii:l Korea ceased on Act of 1952. cation is considered important enough to July 27, 1953. The Korean conflict, for the I have been associated for the past 17 warrant deferment, by the same token, it is purposes of educational assistance, was of years with the field of business education and of comparable importance to justify post ficially terminated by Presidential declara have served on the board of directors of the service educational assistance. tion of January 31, 1955. This arbitrary National Business Teachers Association. It is also true that the student deferment date cut off many men who are entitled to For the most part the schools which I policy placed college education in a highly these educational benefits equally with those represent are well established educational preferred status. Persons who wish to pur who were in service prior to January 31, 1955. institutions which were founded from 25 to sue trade or other postsecondary education It would not be fair to exclude these men more than 50 years ago. Today there are are not generally eligible for student defer from educational benefits as a result of this more than 100,000 teachers employed in the ment under Selective Service regulations. arbitrary cutoff date. various independent business schools and Students attending our private business This is only a brief summary of some of colleges, which have assets running well over schools or colleges are not eligible for de the major considerations which we feel are a billion dollars. The independent business ferment, as a general rule. under these regu important to your committee. There are schools and colleges, in some cases being lations. Our goals as a nation require that undoubtedly many other considerations operated as private enterprises and in other our young people obtain as much advance which we have overlooked but it is apparent cases as nonprofit institutions, currently en training as possible, college or otherwise, that there is a need for this legislation now. roll more than 500,000 students. and therefore educational assistance is de sirable. ANSWER TO ARGUMENTS IN OPPOSITION TO We feel that our schools are making a dis EDUCATIONAL BENEFITS FOR COLD WAR GI'S tinct contribution by serving the youth of 3. The relatively low educational attain America and providing trained personnel for ment of veterans affected by this bill shows Opposition to proposals for restablishing commerce, industry, government, and na clearly the need for this legislation. A Vet educational benefits seems to fall within tional defense. The participation of our erans' Administration survey dated May 29, seven major categories: schools in the management counseling pro 1959, states: First, there are those who oppose this legis gram of the Small Business Administration "At the time of their separation from the lation because of cost. This group, not yet was commented upon in Report No. 2270 of Armed Forces, 6 percent had not completed having fully analyzed the statistics pub the 87th Congress, 2d session, wherein elementary school; 10 percent had completed lished by the Veterans' Administration, look the Senate Select Committee on Small Busi elementary school but h ad had no further at the estimated $500 million annual ness noted that " * • * privately operated, schooling; 29 percent had had some high cost of these benefits. And yet, data from non-tax-supported colleges and schools of schoal education but had not graduated; 35 the Veterans' Administration shows con business have a place within the federally percent had graduated from h igh school but clusively that veterans of World War II and sponsored management counseling program." had had no college training; 8 percent had the Korean conflict, as a result of educa completed 1, 2, or 3 years of college work; tional benefits, have increased their income STATEMENT OF POSITION and 12 percent had completed 4 or more years levels so that they now pay, in additional It is ·a pleasure to appear before you today of college." income taxes, over a billion dollars annually and express our support for the continua The final report of the Bradley Commission into the Treasury. At this rate the entire tion of a program of veterans education concluded that the interruption of educa cost of GI benefits will be p aid, by those who along the lines of the successful Korean GI tion of post-Korean veterans would be their receive them, within the next few years. bill. The position of the United Business main h andicap. They stated: Thus, the initial cost, over a few short years, Schools Association is the result of associa "The Commission recognized that the main will be more than repaid into the Treasury. tion committee analysis, consideration by our handicap which may• b~ incurred by the In this connection we must note that in board of directors and discussion at past peacetime ex-serviceman, other than serv its first 4 years of operation, the Korean GI conventions. This, of course, refers not only ice-connected disabilities e1sewhere discussed bill was instrumental in attracting approxi to S. 5 but also to S. 349 of the 87th Congress is the effect that a period of 2 year's man- mately 155,000 veterans into scientific and 7084 CONGRESSIONAL ·RECORD - SENATE April 25 engineering careers, w:P,ich in . term~ of our . :'I can endorse with enthusiasm a pro panded to include _the training of students national manpower needs ·. alqne would make gram making it possible for our bright young in every form of education to the very limits the program worthwhile. . men to finance their higher education in of their capabilities. We, therefore feel that A second group of individuals opposes this exchange for a contribution to our security the legislation here prop0sed will not con legislation because of the small number who through a period of service in our military flict with the objectives of the National De are actually subjected to induction. This organization. The Nation would. be doubly fense Education Act of 1958 but will sup group fails to recognize that many individ benefited. We would be assured of a con plement the provisions of that law. .It will uals, facing induction, voluntarily enlist. stant flow of ambitious and able young peo encourage individuals to volunteer for serv Others, offered choice assignments., volunteer ple into the military, and we would be guar ice so that they can pay for their education for service. For this reason the actual num anteed a continuing flow of these people by serving their country. . This legislation ber entering military service because of the back into our colleges and universities." will clearly and unmistakably serve as a no draft is unknown. This group fails to con We accept Dr. Hannah's comments based tice to all our youth that their obligation to sider the entire problem. They refuse to on his experience with his problem. We be serve their country is not a one-way proposi face up to our national obligation-an obli lieve that this bill would tend to increase tion-that the Federal Government acknowl gation to every individual-not merely an voluntary enlistments in the military serv edges a special obligation for those who serve obligation to groups large enough to exert ice. Many bright young men in lower eco in the Armed Forces over and above any obli political pressure. nomic brackets would enter the military gation we might have to those who never A third group of individuals opposes this service if they were shown that the Govern perform any duty for their cOUlltry. legislation because they feel that the com ment intended to help them later on in There are many other arguments against pulsory draft law does not disrupt the educa getting an education. We know from past this legislation and I am sure you gentle tion plans of many of our young men. This experience that incentives aid enlistments, men have already heard many of them. I group fails to realize that military service, and this bill would be a truly appealing will not take any more of your time to point or the possibility of military service, affect incentive. out the invalidity of them. I am sure in the lives of many young men below the age A fifth group opposes the legislation be your consideration of this bill you will clear of 22. The mere existence of the compulsory cause it provides benefits not heretofore pro ly see that its objectives are founded on a draft law becomes an important part of each vided for the peacetime soldier who faces careful analysis of the benefits derived by individual's qualifications for employment none of the hazards of war. This group the Nation from the GI blll of rights. as he comes to draft age. Employers are un points out that such benefits have in the IMPORTANCE OF KEY PROVISIONS OF GI BILL willing to invest time and money to train past been reserved for those who served during · periods of war. This group main We wish to comment on certain key pro men who might have to serve in the Armed visions of the bill. Forces. Besides the effect on a young man's tains that the peacetime inductee can antic ipate the draft and plan accordingly. They 1. The educational benefits are particularly employment potential, the draft raises valuable since they permit a wide range of numerous uncertainties which make it im say such planning was not possible by the wartime GI. choice by the individual veteran among the possible to plan ahead. As a result many various educational opportunities that are students are frequently discouraged from It is true that peacetime draftees do not face the hazards of war. It is also true most likely to be of value to him. These immediately entering into advance educa opportunities range from advanced profes tional training. that of the millions of men who were called into the service during World War II and sional and technical study to on-the-job It is not surprising that young men from the Korean conflict only a small number training in applied skills. It is essential that 17 to 18¥2 years of age constitute about one were actually involved in combat. Yet the we continue to allow the veteran to make half of all first-time enlistments each year. GI bill did not distinguish between those his own choice of vocation. It can only be assumed that many of these who served in actual combat and those who 2. The proposed legislation, in the judg enlisted in the service as a result of the also served. The cold war has not yet ended; ment of nearly all of us in higher education, draft law, in order that they may select the the tension in many areas of the world is should provide for the payment of benefits service of their choice and serve at a time such that fighting could break out again directly to the individual veteran. The vet- most convenient for them. Therefore, it is at any time. Men are still being inducted . eran then attends the school or college of clear that the compulsory draft law does dis into service and men are still serving in ex his choice. The experienced educators across rupt the educational plans of many of our treme hardship posts under heavy tension. the country are so uniformly in favor of this young men. They too serve and deserve the benefits pro proc.edure that I want to endorse strongly· a A fourth group opposes this legislation on vided by the bills under consi(ieration by provision for direct payment to the veteran. the basis that such benefits will induce this committee. We suggest that any bill passed by this committee should include the above-outlined trained personnel, personnel who have been A six~h group argues that inservice educa in the service for the required 2-year period, principles. tional programs are already successfully in CONCLUSION to leave the service and accept benefits of operation and meet the needs for educating fered by this legislation. It is true that and training personnel. It is true that in In summary, Mr. Chairman, we see the fol some individuals fail to reenlist so that they service educational programs today offer a lowing benefits in the approval of an educa could avail themselves of GI benefits. It was valuable supplement to other avenues of tional assistance program to post-Korean also true that such individuals provided, and securing education. However, the fields of veterans: still provide, a pool of trained manpower, study are limited and because of the spare 1. Inequity of educational opportunities better trained in some cases because of the time nature of the study, few men actually for veterans will be corrected higher educational level attained as a result can secure a substantial amount of academic 2. The Nation will be able· to repay those of educational benefits. These individuals credit in this way. For example, Air Force who sacrificed the most in a way which will are available, if needed, for the security of testimony indicates that only 800 men per be beneficial to both the individual and our country. They may be lost to the mili year have obtained college degrees under society. tary services but only temporarily; such loss their program. In any case, full-time civil 3. Educational opportunities will result in may cause concern to the services, they may ian education opportunities in practice, as additional scientists, engineers, technicians, not be available on a full-time basis; but well as in principle, are superior to part and other professional people thus raising they are available for the security of this time military educational programs. the skilled and technical levels in America, thereby strengthening the defense of our Nation and they can, and will, provide Finally, a number of individuals object to trained manpower if and when needed even Nation. this legislation because there is no clear 4. Opportunities for individuals to make though they may be beyond military age. showing of need that educational benefits In this connection we would like to quote their own choices in education assure an should be provided for all individuals who educational balance with the total needs of from a letter to Senator PAT McNAMARA, my have the capability and desire to continue own Senator of Michigan, from Dr.· John A. our society. their education. The United Business 5. Those who will benefit under this pro Hannah, president of Michigan State Univer Schools Association agree and will continue sity, dated April 23, 1959. Dr. Hannah, you gram will not only aid their society by their to support any measure which is designed to increased educational training, but will nat will recall, was formerly Assistant Secretary increase the educational level of our Nation. of Defense for Manpower. urally aid the coffers of the Treasury. Such legislation is a must. 6. Enlistments in the military service will "One of the objections to the GI bill But the Congress has not yet enacted legis increase too, 'Nith greater purpose and plan one which I encountered throughout my lation broad enough to provide l'lufficient ning on the part of volunteers. service with the Defense Department--was opportunities for the educational advance 7. Skills and ability which otherwise may that the GI bill created too great an incen ment of all our younger citizens. The Na be lost or not used will be developed at every tive for those in military service to return tional Defense Education Act of 1958 was level of education. to civilian life. I believe that there is some a step in the right direction. We are sure 8. Production increases can be expected truth in that charge, out I believe that those that it will provide opportunities for many through increased enrollments in programs who make it do not face the facts realistic of our youth to obtain a higher education of vocational education. ally. The truth is that a great majority of but this act does not provide for any persons 9. Labor markets will be relieved of non those who enter the military service are who wish to pursutl business courses, trades, trained and semitrained applicants. not attracted by the military as a career but or other postsecondary education. 10. In addition to raising the standard of are simply discharging their duty to our It is our hope that the National Defense living, preparing our young people for auto country because it is their duty. Education Act will ·be broadened and ex- mation by developing their technical, scien- 1963 CONGRESSIONAL RECORD- SENATE 7085 tific, and educat~onal skills, and reducing the Mr. MANSFIELD. I have just made [Mr.· NELsoNL which I know every Sena number of unskilled, we are providing for the request that the Senate agree to a toi· expects me to make, I ask for the yeas an enlightened and educated citizenry. limitation of debate following the con and nays on the point of order. Before closing my testimony, I woUld like to say on ·behalf of the private business clusion of a live quorum call. The Sen The yeas and hays were ordered. schools of America, that we will rededicate ator from Oregon will then make his ~ Mr. MORSE. Mr. President, speaking ourselves to do an even better job than we point of order, and at that time the lim now under the unanimous-consent have done in the past in turning out trained itation of debate will begin. agreement, I rise to make the point of personnel who will meet the needs of com Mr. JAVITS. There would be a lim order that the Senate is without consti merce, industry, Government and national itation of 40 minutes? tutional authority to advise and consent defense. Mr. MANSFIELD. The Senator is to the nominations of private incorpo We also wish to express the appreciation of our group for the privilege of appearing be correct. rators of a private business enterprise, fore this committee. The VICE PRESIDENT. Did the since the nominees whose nominations Chair correctly understand the Senator are before the Senate are private incor Mr. MANSFIELD. Mr. President, is from Montana to say that the Senator porators of a private business enterprise. there further morning business? from Oregon intends to raise a question Their nominations are not properly or The VICE PRESIDENT. Is there fur as to whether the Senate has the author constitutionally before the Senate at this ther morning business? If not, morning ity under the Constitution to confirm time, nor can they be at any other time business is closed. the nominations? because, in the opinion of the Senator Mr. MANSFIELD. That is correct. from Oregon, article II, section 2, of the The VICE PRESIDENT. That is a Constitution is not applicable to the COMMUNICATIONS SATELLITE constitutional question. present situation. CORP. Mr. MANSFIELD. I accept the cor Senators will find on their desks mim The Senate resumed the consideration rection. The RECORD is now clear. eographed copies of the main speech that of the nominations of incorporators of The VICE PRESIDENT. Is there ob I made last night. All of it is in the CON the Communications Satellite Corp. jection to the unanimous-consent re GRESSIONAL RECORD, and also in the REC Mr. MANSFIELD. Mr. President, quest of the Senator from Montana? ORD are the ad libbed remarks I made what is the pending business? The Chair hears none, and it is so or in addition. I thought it would be help The VICE PRESIDENT. The ques dered. ful if I place copies of my manuscript tion is, Will the Senate advise and con Mr. MANSFIELD. Mr. President, I speech before Senators today. sent to the nominations, en bloc, of the suggest the absence of a quorum, and I Senators will also find on their desks a incorporators of the Communications ask that the attaches . notify Senators summary of my position on the constitu satellite· Corp.? that it will be a live quorum. tional argument in a blue-backed memo Mr. MANSFIELD. Mr. Ptesident, is The VICE PRESIDENT. The clerk randum. That argument reads as the Senate in executive session? will call the roll. follows: The VICE PRESIDENT. It is. The legislative Clerk called the roll and ARGUMENT Mr. MANSFIELD. I am about to pro the following Senators answered to their · 1. The Communications Satellite Corp. is Pound a unanimous-consent request. It names: a private business enterprise and its incor has been cleared with the distinguished [No. 62 Ex.] porators and directors are not omcials of minority leader, the Senator from Illi Aiken Goldwater Miller the U.S. Government within the meaning of Allott Gore Monroney article II, section 2 of the Constitution. nois [Mr. DIRKSEN], with the distin Anderson Gruening Morse 2. The Senate does not have the authority guished Senator from Rhode Island [Mr. Bartlett Hartke Morton under the Constitution to confirm · the ap PASTORE], and the distinguished Senator Bayh Hickenlooper Moss pointment, election, hiring, or other selection Beall Hill Mundt from New Mexico [Mr. ANDERSON], who Bennett Holland Muskie of incorporators or directors of a private favor the confirmation of the nomina Boggs Hruska Nelson business enterprise. tions; and with the distinguished junior Brewster Inouye Neuberger A. Only those powers enumerated in the Senator from Tennessee [Mr. GoREJ, the Burdick Jackson Pastore Constitution are conferred on the Legisla Byrd, Va. Javits Pearson ture. distinguished senior Senator from Ten Byrd, W. Va. Johnston Pell nessee [Mr. KEFAUVER], the distinguished Cannon Jordan, N.C. Prouty B. For the Senate to advise and consent to Carlson Jordan, Idaho Proxmire the nomination of an incorporator of a pri senior Senator from Oregon [Mr. Case Keating Ribicoff vate business is not necessary and proper MoRsEJ, and other Senators who oppose Church Kefauver Robertson within the meaning of the Constitution. the confirmation of the nominations. I Clark Kennedy Russell C. Under established principles of statu Cooper Kuchel Saltonstall tory construction, the Constitution is pre believe that at this time we have perhaps Cotton Lausche Scott touched all bases. Curtis Long, Mo. Simpson sumed to have been intended to exclude that I ask unanimous consent that on the Dirksen Long, La. Smith which it does not include. Dodd Mansfield Sparkman D. Constitutional history makes clear the point of order to be made by the distin Dominick McCarthy Stennis Constitution's intent to limit advising and guished senior Senator from Oregon [Mr. Douglas McClellan Talmadge consenting by t~e Senate to treaties and MORSE], and following the conclusion of Eastland McGee Thurmond nominations of officers of the United States. Edmondson McGovern Tower a forthcoming quorum call, 40 minutes Ellender Mcintyre Williams, Del. 3. It follows that the confirmation by be allocated to the consideration of the Ervin McNamara Yarborough the Senate of the incorporators and directors point of order, 20 minutes to be controlled Fong Mechem Young, N. Dak. of the Communications Satellite Corp. is by the distinguished Senator from Fl;1lbright Metcalf Young, Ohio either an unconstitutional enlargement of Mr. MANSFIELD. I announce that the constitutionally prescribed powers of the Rhode Island [Mr. PASTORE], and 20 min Senate or a superfluous act which does not utes to be controlled by the distinguished the Senator from Nevada [Mr ~ BIBLE], in any way affect the right of the incorpora Senator from Oregon [Mr. MORSE]. the Senator from California [Mr. tors to take office. The limitation of debate will not be ,ENGLE], the Senator from Minnesota 4. By well-established rules of statutory come effective until after the conclusion [Mr. HUMPHREY], the Senator from construction, an act of Congress will not be of a live quorum call, at which time the Washington [Mr. MAGNUSON], the Sena ~onstrued to be without effect. Senator from Oregon will obtain the tor from Florida [Mr. SMATHERS], the 5. Conclusion: It follows that the con fioor and make his point of order. At Senator from Missouri [Mr. SYMING firmation by the Senate is not without ef fect; that under the Communications Satel that time the limitation of debate will TON], the Senator from New Jersey [Mr. lite Act the incorporators cannot take office start. WILLIAMS], and the Senator from Michi without the advice and consent of the Sen The VICE PRESIDENT. Does the gan [Mr. HART] are absent on official ate; and, therefore, this section of the Com . Chair correctly understand that the Sen business. µiunications Satellite Act extends the ator from Oregon anticipates raising a I further announce that the Senator authority of the Senate beyond its consti constitutional question? from West Virginia [Mr. RANDOLPH) is tutionally enumerated limits and is uncon Mr. MANSFIELD. That is correct. necessarily absent. stitutional. The VICE PRESIDENT. Is there ob The VICE PRESIDENT. A quorum is Mr. President, I say to my colleagues jection to the request of the Senator present. that what we are being asked to do to from Moritana? Mr. MORSE. Mr. President, before I day is unconstitutional. The Consti Mr. JAVITS. Mr. President, may we raise the point of order, in behalf of my tution calls upon the Senate to confirm know the re.quest? self and the Senator from Wisconsin nominations of officers of the United 7086 CONGRESSIONAL RECORD - SENATE April 25 States; but there is not one shred of The VICE PRESIDENT. The Senator . The VICE PRESIDENT. Does the evidence that these 14 incorporators of from Oregon had 20 minutes. He has Senator from New York yield to the Sen the Space Communications Corp. are to consumed 6 minutes. Therefore he·has ator from Tennessee? be, or were intended to be, officers of the 14 minutes remaining. Mr. KEATING. I shall be glad to yield United States. The testimony of the Mr. PASTORE. Mr. President- if I may have sufficient time to do so. I incorporators and the opinions of the The VICE PRESIDENT. The Chair have been given 3 minutes. I have been Justice Department are entirely to the recognizes the Senator from Rhode asked to make the constitutional argu contrary. The incorporators are re Island. ment. sponsible only to the corporation. Mr. MORSE. Mr. President, will the Mr. MORSE. Mr. President, I yield The chief argument advanced in sup Senator from Rhode Island yield to me a minute to the Senator from Tennessee port of Senate confirmation has been so that I may have a procedural dis so that he may ask a question. the precedent of the National Bank cussion? The VICE PRESIDENT. Is there ob Charter of 1816. We are being told that Mr. PASTORE. I yield. jection to the Senator from Oregon yield because certain directors of that in Mr. MORSE. I desire that the time ing 1 minute to the Senator from Ten famous institution were also confirmed I have used be taken from the time avail nessee for the purpose of his making an by the Senate, we should confirm the able under the unanimous-consent inquiry? The Chair hears none. The incorporators of the satellite corpora agreement. I wish to make that clear. Senator from Tennessee is recognized. tion. But I have raised a point of order. I be Mr. GORE. Mr. President, if the jun The national bank precedent is no lieve there should be a ruling on the ior Senator· from Tennessee correctly precedent for wise, sound, or foresighted point of order, unless some Senator asks understood the junior Senator from New Federal policy. The operation and fate the Chair to withhold his ruling until York to say that the Senate would not of that institution were all bad. It was Senators can discuss the question. Sena have the authority to confirm the pend a raid upon the American public for tors could proceed with the discussion, ing nominations unless a statute had private profit, just as I believe this with the understanding that the time I been passed, the junior Senator from corporation to be. To have the Senate have already used be taken from the Tennessee would inquire of the distin confirm directors having no responsi time available under the unanimous guished Senator, "How does an act of bility whatever to the public was, in my consent agreement. Congress change section 2 of article II opinion, unconstitutional then, and is Mr. PASTORE. That is satisfactory of the Constitution?" unconstitutional now. I do not say that to the Senator from Rhode Island. Mr. KEATING. Mr. President, an act either the bank or this corporation is The VICE PRESIDENT. The Senator of Congress obviously cannot change the unconstitutional; but I do say that the from Oregon has raised a constitutional Constitution. However, those of us who present procedure is, unless and until the question. seek confirmation of the nominations 1962 act is amended to give these in Mr. MORSE. On behalf of myself have been charged with doing an uncon corporators public responsibilities and to and the Senator from Wisconsin [Mr. stitutional act. It is said that this is an make them accountable to the President NELSON]. unconstitutional process. In my judg and the Senate. The VICE PRESIDENT. A constitu ment, it is nothing of the kind. It is a Last ·night I read into the RECORD the tional question has been explicitly nonconstitutional process. famous historic veto message of the in raised. A constitutional question having · Confirmation of the nominations by comparable President Jackson when he been raised, uniform Senate precedents the Senate was provided for in the statute vetoed an attempt on the part of the require that the Presiding Officer submit which was enacted. The time to raise Congress to renew the charter of the Na the question to the Senate for decision. the point being raised was when the pro tional Bank. I would be perfectly will Therefore, the question is as follows: Is posed statute was under consideration. ing to rest my case on Jackson's veto. consideration of the nominations by the The Congress has passed the statute. It What· was dealt with then was an act Senate in accordance with the Con is a law. The bill was signed by the so infamous that it split the Senate for stitution? President. There is no constitutional years and almost caused a political revo Mr. KEATING. Mr. President, will infirmity or impediment with respect to lution in our country. the Senator yield? the confirmation by the Senate of the Finally, President Jackson vetoed a Mr. PASTORE. I yield 3 minutes to nominations of persons to serve as incor proposal to renew the charter. the Senator from New York. porators, in the way we are providing. . In my judgment, when the issue which The VICE PRESIDENT. The Sena The argument made by the distin we are now discussing reaches the U.S. tor from Rhode Island yields 3 minutes guished Senator from Oregon, it is re Supreme Court-and I shall do all I can to the Senator from New York. spectfully submitted, is a nonsequitur. within my ability to bring it eventually Mr. KEATING. Mr. President, I have The mere fact that these men are not to the U.S. Supreme Court-there is no reviewed the arguments of the distin officials of the Government and that we question in my mind as to what the de guished Senator from Oregon, who is are not proceeding under the terms of cision of that Court will be; namely, that well known as an able lawyer. The first the Constitution but are proceeding under article II, section 2, of the Con point of his argument, copies of which under the terms of a law which Congress stitution, the Senate cannot constitu he has been kind enough to supply us, has enacted, would not, in my judgment, tionally confirm the nominations. is that the Communications Satellite interfere with the process which we are Therefore I do not believe the Senate Corp. is a private business enterprise, undertaking. should be asked to participate in an and that therefore the incorporators are We cannot do something which is un empty gesture. The record of the Sen not officials of the U.S. Government. constitutional; and we are not doing any ate should be clean in regard to abiding With that point I agree. They are thing unconstitutional. There is no al by the limits of article II, section 2. not. ternative which I can see to acting upon The second point of the argument of the qualifications of the nominees, as has The nominees are not officers of the the Senator from Oregon is that the Sen been provided in the statute, unless we United States. Therefore, in my judg ate does not have the authority under are to say, "We are going to ignore the ment, the action of the Senate in con the Constitution to confirm the appoint statute. We have enacted a law, but we firming the nominations in effect would ment of directors of a private business are going to pay no attention to it." I be unconstitutional. enterprise. feel that we should not do that. Mr. CLARK. Mr. President, will the The Senate would not have had that Mr. President, it should be clear by Senator yield me 2 minutes? authority had it not been provided in the now that I share in the well-considered Mr. MORSE. Mr. President, a par legislation which was enacted. opinion of the Attorney General that liamentary inquiry. In the third point of his argument the the Presidentially nominated incorpora The VICE PRESIDENT. The Sena Senator from Oregon states that con tors of this organization are not "offi tor will state it. firmation by the Senate of the nomina cers of the United States" within the Mr. MORSE. I should like to ask the tions of the incorporators and direc meaning of article II, section 2, clause status of the time. I shall be glad to tors of the Communications Satellite 2, of the Constitution. However one may yield to the Senator from Pennsylvania, Corp.-- wish to characterize the new Communi but I believe that the opposition ought Mr. GORE. Mr. Pre~ident, will the cations Satellite Corp.-whether you to consume a little tinie now. Senator yield? want to call it public or private, quasi- 1963 CONGRESSIONAL RECORD- SENATE 7087 public, semi-public, or some other hy persuade us to reject the measure. This cations Satellite Act is unconstitutional phenated or hybrid kind of animal-the was in fact done, but without success. and void. fact remains that under section 301 of Now we are passing on the sole ques I yield back the remainder of my time. the Communications Satellite Act, the tion whether to advise and consent to the Mr. PASTORE. Mr. President, I yield organic act of the corporation, the source nominations we expressly provided for in 10 minutes to the Senator from New of its very existence, the new enterprise last year's act. We are following our York [Mr. JAVITS]. has been declared by the Congress to own prescription contained in the act. The VICE PRESIDENT. The Senator be a "corporation for profit which will Whether the prescription be wise or un from New York is recognized for 10 not be an agency or establishment of wise-and let the people of the United minutes. the U.S. Government." In other words, States decide that for themselves-it is Mr. JAVITS. Mr. President, yester it is a nongovernmental agency estab water over the dam. day when I rose to say a word in favor lished, however, by act of Congress. Mr. President, I see no alternative of the nominees who are to be the incor Whatever possible alternative form of except to act on the qualifications of the porators of the Communications Satellite agency might have been devised by the nominees before us as required by the Corp., I was challenged on legal grounds. Congress to meet the purposes for which Communications Satellite Act. Let us Overnight I have taken considerable the Satellite Act was passed, the fact not drift into what is now, it seems to pains to check my own views with re remains that the statute provides that me, a superfluous matter which should spect to the legal questions involved. the incorporators and the directors have been, and in my judgement, was, I have come to the conclusion that the shall be confirmed by this body. In settled once and for all when the Con Senate has an absolute right to do what creating this corporation the Congress gress passed the act in the first place. it is about to do, that is, to confirm these was acting pursuant to its constitutional The VICE PRESIDENT. The time nominations. I shall vote "yea." If I mandate to regulate interstate and for of the Senator from New York has did not vote "yea," I would have to favor eign commerce and communications. expired. going back to the very early days of the Without doubt the Congress had the Mr. CLARK. Mr. President, will the Constitution and agree that what is be power to direct the manner of appoint Senator from Oregon yield me 2 ing argued for might very well involve ment of incorporators and directors. minutes? us in setting back for decades the consti The time to object to the chosen method Mr. MORSE. I yield 2 minutes to the tutional interpretations upon which we and offer alternatives was at the time of Senator from Pennsylvania. proceed in many directions. the passage of the authorizing legisla The VICE PRESIDENT. The Sena These nominees are not officers of the tion, not now when we are engaged in tor from Pennsylvania is recognized for United States. A straw man is being implementing that law. 2 minutes. erected by that line of argument only It appears to me that those opposed for the purpose of knocking him down. to confirmation are drawing a negative Mr. CLARK. Mr. President, yester The Attorney General says that the nom inference from the language of article day I engaged in a colloquy with the inees are not officers of the United II that in my judgment is wholly unwar very able senior Senator from Rhode States. The law makes it clear that ranted. Just because with respect to Island [Mr. PASTORE] about the consti they are not officers of the United States. certain classes of governmental officers tutionality of the section under consid This is to be a private corporation orga article II sets out a specific method of eration requiring Senate confirmation of nized for profit. appointment, this does not to my mind these nominations. I stated my view, Ever since the case of McCulloch rule out the same method of appoint and my reasons for thinking that the against Maryland, the Congress has been ment for persons or classes of persons provision was unconstitutional. organizing corporations, some of them not mentioned in article II. My friend from Rhode Island stated private in character. The appendix of a Here we have a group of incorpora that there was an opinion of the At report of the Committee on the Judici tors who do not fall within the category torney General to the effect that this ary, issued as long ago as 1947, in the of "officers of the United States" within section of the act was constitutional, 80th Congress, 1st session, pursuant to the meaning of artJcle II, as the Attorney and that he had put it in the RECORD. Senate Resolution 30, stated that there General holds, and I agree with him. The Senator from Rhode Island placed were up to that time 288 such charter Nevertheless, the Congress, in the very in the RECORD a "Memorandum Re Con statutes that Congress had enacted. act creating the corporation, in its wis stitutionality of Senate Confirmation of Often, the report stated, incorporators dom chose a method of appointment and Persons Nominated by the President as were listed in the congressional charters, confirmation for this group . which fol Incorporators and Directors of the Com so that both Houses, in effect, advised lows the method provided in article II munications Satellite Corp." It appears and consented to their nominations. for other situations. beginning at page 6977. My colloquy These cases represent the utilization Perhaps, the words ''advise and con with the Senator from Rhode Island by the Congress of the "necessary and sent," which evoke the rubric of the appears at page 7002. proper" clause of the Constitution in or constitutional provisions, were not wisely I have been furnished by the Senator der to implement the interstate and for chosen; perhaps some other semantic from Tennessee [Mr. KEFAUVER] with a eign commerce power of the Congress. formula could have been struck. Be copy of the communication from the So I do not base my argument at all that as it may, the Satellite Communi Department of Justice, from which it upon the contentior. that these men are cations Act, which clearly lay within the appears that this was not an opinion of officers of the United States. Of course, constitutional domain of the Congress the Attorney General at all, but a memo they are not, and the Constitution does to enact, with all "necessary and proper" randum forwarded to the Senator from not say that only officers of the United means available to the Congress to Tennessee [Mr. KEFAUVER] by Norbert States may be confirmed by the Senate; achieve its desired ends, set up a process A. Schlei, Assistant Attorney General, hence the Senate may so act if the au of senatorial confirmation for these Office of Legal Counsel. He states in thorizing legislation is otherwise consti incorporators. This is not an unconsti his covering letter that in the opinion of tutional. tutional process. It is a nonconstitu the Office of Legal Counsel the constitu I base my argument on the fact that tional process. It is wholly statutory. tional objection raised by the Senator Congress has a right to provide in a And nothing in article II or elsewhere statute that the Senate shall confirm in the Constitution has convinced me from Tennessee [Mr. GoaEJ is with out substance. To my mind, the memo nominations, on the ground that Con that the statutory plan hit upon by the gress may make reasonable provisions in Satellite Communications Act is prohib randum which he encloses is completely unconvincing, and I think it would be any statute which it passes to charter a ited to us. private corporation giving itself residual Mr. President, we cannot sit here de unconvincing to any constitutional law control over that corporation. bating the constitutionality of an act of yer who made an earnest effort to de I see no difference whatever between Congress passed last year, signed by the termine whether this is a sound brief or what we have done in this instance and President, and now set into actual mo not. numerous acts which have been passed tion. If constitutional doubts existed I make this point only in order that in recent years. One was the Reorgani as to any of the act's provisions, last year the RECORD may be clear. I adhere to zation Act, in which the Congress re was the time for those who entertained my view expressed on the floor yester served to itself a veto power over a Presi such doubts to come forward and seek to day that this section of the Communi- dential reorganization plan. 7088 CONGRESSIONAL RECORD - SENATE April 25 Another example could be cited from I have cited the precedents and ra the junior Senator from Tennessee [Mr. any one of the surplus property disposal tionale which I believe justify the posi GORE], the Senator from Pennsylvania statutes in which we have asked G.ovem tion which the Senate should. take. [Mr. CLARK], the Senator from Louisiana ment agencies to report back to us the Mr. MORSE. Mr. President, I· desire tMr. LoNG], and other Senators. The disposition of a piece of property. If we to yield myself 2 minutes"to " reply to the question is, Are we being asked to con do not like what the Government agency Senator from New York. · firm the nominations in this case under is doing about that particular piece of Mr. JAVITS. Mr. President, if the article II, section 2 of the Constitution? property, we can ask the Congress to try Senator will yield, does the Senator wish I say we are. Such an act of con to stop it. me to yield him time? firmation would be an unconstitutional Another example is the Trade Adjust Mr. MORSE. No. I wish to reply to act by the Senate because these nominees ment Act, which Congress passed, in what the Senator has said. are to fill private, not public, offi.ces. which we reserved to ourselves certain Mr. JAVITS. I yield to the Senator Mr. JAVITS. Mr. President, I am authority-in that case over tariff sched from Oregon, on his own time. very pleased that the Senator from Ore ules. We said we did not need the con Mr. MORSE. Mr. President, I want to gon took the time to explain his position. currence of the Executive, if we wished ·say most respectfully that the Senator I can understand why the Senator from to undo what he did. from New York has completely and total Oregon would wish us to join issue with Every one of us has not only voted for ly missed the issue before the Senate; him upon that article and section of the but also has advocated the power of the The "necessary and proper"-clause of the Constitution on which he is absolutely Congress, by concurrent resolution, to Constitution is not before the Senate at 'right and on which there is no contention terminate certain sections of law, like the all. All of us agree with what the Sen that he is wrong. But we cannot and Foreign Aid Acts, as an example, with ator has said with respect to the "neces should not do it, because those of us who out a Presidential signature. sary and proper" clause. Under the Con are going to vote for the nominations The question we must ask ourselves is stitution the Senate has power to do a rely upon a part of the Constitution whether it violates the Constitution for great many things, but under article II, which sustains our point of view. the Congress to reserve to the Senate section 2, it can confirm, by advice and So I refuse to accept the issue which this authority. consent, only those nominations of the the Senator from Oregon has set out We must remember, Mr. President, President who are named to be public here as the challenge. It is not the issue. If this action can be justified under an that we are not exercising an authority officers. It cannot by statute enacted un other section of the Constitution, then to confirm offi.cers of the United States, der the necessary and proper clause cre it deserves such action. We press that an authority specifically derived from ate new powers for itself nor alter its point and say we are fully justified under article II of the Constitution. We are existing ones. That is the constitutional another section of the Constitution, and exercising an authority derived from a issue involved. · the Senate is only doing its duty if it law, passed by the Congress under its The Senator from New York spoke advises and consents to the nominations. interstate and foreign commerce power, about the Union Pacific Case. . In that I yield back my time. reserving this particular confirmation case, the members of the board of di . Mr. MORSE. Mr. President, I yield power to the Senate. The question is not rectors. who were appointed by the Presi 2 minutes to the Senator from Tennessee whether that particular power is viola dent were public offi.cers. They were [Mr. KEFAUVER]. tive of article II of the Constitution, but appointed by the President to perform The VICE PRESIDENT. The Senator whether the Congress had the right un public functions but no Senate confirma from Tennessee is recognized for 2 min der its general legislative authority under tion of them was provided for in the law. utes. the Constitution to reserve that particu The offi.cers in the Satellite CorpQration Mr. KEFAUVER. Mr. President, I lar authority to one of its bodies, to wit, clearly are not public omcers in any re spoke at length on this subject yesterday the Senate of the United States. In my spect but the law does call for Senate and my remarks are in the RECORD. I judgment, it had that power, and I be confirmation. It is this requirement of think the Senator from Oregon has lieve that we have followed such a prac the law which I contend is clearly uncon stated our position correctly. These men tice and many other permutations of it stitutional. are not officers of the United States; they right along. With regard to the bank case, if Sen are directors of a purely private corpo.. Secondly, it seems to me that there are ators will read the debate of that time, ration-nothing more, nothing less. I highly relevant precedents. I think the the Senate thought they were to be pub pointed out that fact in the debates last Union Pacific charter precedent is some lic officers. It was Nicholas Biddle, the August. At that time we tried to do what relevant. I think the precedent of most powerful Political boss of the time, something that would make the directors the Second United States Bank is ex who wrote the letter I put in the RECORD officers of the United States, but the tremely relevant. Though it is a very yesterday, saying they did not have pub Senate voted us down. old precedent, it is nonetheless very rele lic functions but their status was pure The question here is, shall the Senate vant. To me the most relevant of any ly private. The issue of confirmation was be used to give governmental stature to of the precedents are the reservations of never raised at any time in the Senate officers of a purely private corporation, power which we have kept to ourselves debate in the second bank case contro and shall we be called upon to abuse the without necessitating the concun-ence of versy. authority we have been given? The the Executive, time and again, in statutes The fact that it was unconstitutional drafters of the Constitution very specif which all of us have advocated. then does not make this act of confirma ically set forth the persons who should For me, I would consider it very dan tion we are asked to perform today con be appointed with the advice and con gerous to challenge, give away, or ques stitutional. It is the old story that two sent of the Senate. They are ambassa tion such authority on our part. I think wrongs cannot make a right. In my dors, ministers, consuls, judges of the it is an extremely valuable way in which judgment, someone should have raised Supreme Court, and other offi.cers. we can deal with certain subjects with the constitutional question in the debates If the drafters of the Constitution had out violating the Constitution and at the on the Second Bank Act. intended that the Senate have author same time conform the constitutional au Because the operative facts are so ity to advise and consent on the appoint thority to the needs of our time. different there is no question that the ment of directors of General Motors or So I have come to the conclusion that Union Pacific case has no relevancy to A. T. & T.-which is similar to what we this is not an issue of questioning the the case before us. are doing here-they would not have authority of the Senate, under the Con My good friend from New York is talk specifically enumerated the persons on stitution, to advise and consent to the ing really about the "proper and neces whom the Senate can give its advice appointment of officers of the United sary" clause, and not about article II, and consent. So we are doing some States. It is, rather, the exercise by one section 2. thing improper. This is a constitu of the bodies of the Congress, by way of There is a very narrow but important tional nullity. We are setting a prece authority given to this body by the whole constitutional question that I am rais dent that is going to haunt us in years Congress in a statute which is justified ing, along with the distinguished Sen to come. by the interstate and foreign commerce· ator from Wisconsin [Mr. NELSON]. I The implications of what we do here clause and by the "necessary and prop am joined in this question by· the senior should be considered. The public is go er" clause. Senator from Tennessee [Mr. KEFAUVER], ing to consider that these are quasi- 1963 CONGRESSIONAL RECORD - SENATE 7089 public officers. When stock is issued, ment and will put in some of their own mlnistratiori, the administration did not they are going to assume the Senate gave. dollars. recommend at that time that the incor-· approval. When the directors are deal-· . It ought to be made clear that there porators should be subject to the advice ing with other countries, those coun is no participation by the Federal Gov and consent of the Senate. Because the tries are going to assume that they are ernment. Or is there ·participation by Senate itself thought-I repeat-be quasi-public officials, because we approve the Government of the United States? cause the Senate itself thought that we their appointment. When the directors It has not been made clear on the floor should be a partner in this responsibil get into other :dnds of business, as they what part, if any, of the $51 million that ity, we went a step further than the ad have said they may, they are going to be will go to NASA is going to be given to ministration had suggested, and we said in a position that will give them an ad this corporation for purposes of research, to the President, "Not only will you ap vantage over officers and directors of or what part of the research will go for point the incorporators, but we ask you other corporations. the benefit of the corporation. There to send their names here, so that they The VICE PRESIDENT. The time of has been no line drawn as to where the may be considered with our advice and the Senator has expired. Federal Government's research starts consent." Mr. KEFAUVER. I ask for 1 more and stops and where the private cor We placed that clause in the law. We minute. poration's research starts and stops. did that after considerable debate. It Mr. MORSE. I yield 1 additional Perhaps. such a line cannot be drawn. is in the law today because we put it in minute to the Senator from Tennessee. There is bound to be some duplication. there. Mr. KEFAUVER. I have no objection By our act here we are saying to our The President of the United States to any of the persons who have been constituents in every State of the Union signed that law. It is the supreme law named, The ones I know personally that there is some cloak of public re of the land today. No matter what we are very fine men. But this action by sponsibility imposed upon the incorpora decided here this afternoon, we cannot the Senate will put them in a bad posi tors of this private corporation. Our repudiate the law. We cannot vitiate tion. What is going to happen when people back home will naturally assume the law. We cannot render the law a they would like to reduce rates in order that there is some Federal financial nullity. We can only say that we think to get service to an underdeveloped backing to this private corporation. it is unconstitutional. However, where country, but when such action would not Relying upon that assumption, they may are we after we have said it? Is the law be in the pecuniary interest of the cor well be induced to invest in this corpora repealed? Do we tell the House of Rep poration? They will have to act in the tion. resentatives that they must abide by our interest of the corporation. This is true My thought is that we should not pro position that the law no longer exists, for the presidentially appointed directors ceed in this way at all. The fact is I because we have said it is unconstitu as well as the privately selected directors. do not believe that anyone wanted Sen tional? I say the Senate should not be called ate participation in this matter. I do Do we say to the President of the upon to do something for which it has no not believe the administration wanted it United States, "The law does not exist authority under the Constitution. The in the first place. It is my understand any more because we said it is uncon Senate has a duty, under the Constitu ing that the administration wanted the stitutional?" Even a law student knows tion, not to confirm these incorporators fresident to make the appointments, pe that every law remains the law of the and directors. riod. I understand that it was some land until the Supreme Court says it is Mr. MORSE. Mr. President, I yield 3 Members of the Senate who insisted unconstitutional. · minutes to the Senator from Wisconsin upon the confirmation process. · Therefore, even if we repudiate these [Mr. NELSON]. The remedy at this time is to refer incorporators today, the President of the The VICE PRESIDENT. The Senator these nominations back to the commit United States will have no alternative from Wisconsin is recognized for 3 tee, and then we should amend the act but to send up' other names, because the minutes. by providing that the President of the law will exist as the law of the land until Mr. NELSON. Mr. President, !joined United States shall make appointments; such time as the Supreme Court says it with the senior Senator from Oregon in and leave out confirmation by the Sen is not the law of the land. raising the constitutional question. I ate. A big moment was made of the fact think the constitutional question is I do not want it to appear to my con that the Attorney General himself did soundly based. It has been stated well stituents that by my vote I have some not write the opinion that was used here. by the Senator from Oregon, and I shall how im::;>lied there is any more public re · When it was mentioned to the Sen not repeat his ar~ument here. sponsibility imposed on this corporation ator from Rhode Island that the ques I wish to raise another question which than on any other public utility. tion of the constitutionality might be was raised briefly yesterday. It is a Mr. PASTORE. Mr. President, how raised, I wrote to the Attorney General. question which, to my knowledge, has much time do I have remaining? The answer came to me from his As-. not been answered yet on this floor. We The VICE PRESIDENT. The Sen sistant Attorney General, who said in his have argued the question of whether or ator from Rhode Island has 9 minutes letter: remaining. The Senator from Oregon not the Senate has powe.r to confirm. · This is in reply to your letter of March 26 We have argued the question of whether has 3 minutes remaining. to Attorney General Kennedy requesting the the Senate has the constitutional right Mr. PASTORE. Mr. President, I yield Department's views on the questions raised to confirm. But I have heard no argu myself 5 minutes. by Senator GORE. ment on whether it is the Senate's proper I believe this afternoon we are argu business to concern itself with this ing ourselves into a paper bag. First, These are the views of the Attorney question. this corporation would never have ex General. I have had them inserted in I raise this question, which is not a isted if Congress had not enacted the the RECORD. The Attorney General has legal question at all. When I go back law which was signed by the President stated, not that this is constitutional, to my State of Wisconsin, and my peo last August. but that in his opinion it is constitu ple see that we have confirmed this On October 15, 1962, the President, on tional. Even he cannot declare a law board of directors, they will assume that the recommendation of Senator Kerr either constitutional or unconstitutional. this involves public business. They know of Oklahoma, and myself, made interim Only the Supreme Court of the United that we do not confirm the board of di appointments. These men assumed the States can do that. rectors of the A. T. & T. or any other obligations of their office and they began . I say to my brethren until such time public utility-and that is what this is. to comply with their responsibilities. that the law is challenged in the 'courts, This corporation will be selling stock On January 30 of this year the Pres until such time that the law is declared to the public. id.ent of the United States sent the unconstitutio~l. we must abide by it as The people will expect, based upon names of the incorporators to the Sen the law of the land. That is precisely our actions here, participation of the ate, with the recommendation that they what we are asking the Senate to do. Federal Government, and, in anticipa be considered with the advice and con That is- precisely what we are doing. tion of millions of dollars being given sent of the Senate. · That is precisely what I hope the Senate to it by the Federal Government, they When the legislation was originally will do. will conclude that this is a good invest- suggested and recommended by the ad- Mr. MORSE. I yield myself 1 minute. CIX--44'1 7090 CONGRESSIONAL RECORD - SENATE April 25 My reply to the Senator from Rhode The legislative clerk proceeded to call Mr. GRUENING. Mr. President, I Island is simply this: Last year the Sen the roll. move that the nominations of the incor ate passed a. law which in my opinion The VICE PRESIDENT. The time for porators of the Communications Satellite had an unconstitutional provision in it. the quorum call has expired. Corp. be referred to the Judiciary Com The Senator from Rhode Island is sug The question is. Is the consideration mittee with instructions that hearings oe gesting that we perpetuate that law, that of these nominations by the Senate in held and that the committee report to we compound a mistake that we have accordance with the Constitution? Sen the Senate at the end of 1 month with already made. The time has come when ators who believe that it is in accordance respect to the constitutionality of the this section of the law should be taken with the Constitution will vote "yea"; Senate's advising and consenting to the out. It should be amended by striking Senators who believe that it is not in nominations of private persons as offi it from the law. We should not be asked accordance with the Constitution will cials of a private, profit-seeking business to use Article II, Section 2 of the Consti vote "nay." The clerk will call the roll. enterprise. tution to commit what amounts to an The legislative clerk called the roll. The PRESIDING OFFICER (Mr. KEN unconstitutional act of procedure this Mr. MANSFIELD. I announce that NEDY in the chair) . The question is on afternoon. the Senator from Nevada CMr. BIBLE], agreeing to the motion of the Senator As the Senator from Wisconsin has the Senator from California CMr. ENGLE]. from Alaska. said, we ought to have this matter go the Senator from Michigan CMr. HART], The motion was rejected. to the Judiciary Committee for review the Senator from Arizona CMr. HAYDEN], Mr. PASTORE. Mr. President, I move with regard to the legal points that are the Senator from Minnesota CMr. HuM that the Senate give its advice and con involved. The Act ought to be amended. PHREYl, the Senator from Washington sent t.o these nominations. The matter ought to be taken up with CMr. MAGNUSON], the Senator from The PRESIDING OFFICER. The the President. We should make it per Florida CMr. SMATHERS], the Senator question is, Will the Senate advise and fectly clear that we are not going to from Missouri CMr. SYMINGTON]. and the consent to the nominations, being con commit an unconstitutional procedural Senator from New Jersey CMr. WILLIAMS] sidered en bloc. of the incorporators of act under Article II, Section 2 of the are absent on official business. the Communications Satellite Corp.? Constitution. We should make it clear I further announce that the Senator [Putting the question.] that these men are not public officers from West Virginia CMr. RANDOL'fH] is The nominations were confirmed. of the United States Government and necessarily absent. Mr. PASTORE. Mr. President, I ask because they are not public omcers the unanimous consent that the President Senate does not have the constitutional I further announce that the Senator be immediately notified of the confirma power or right to confirm them under and voting, the Senator from Nevada tion of these nominations. Article II, Section 2 of the Constitution. CMr. BIBLE], the Senator from California CMr. ENGLE], the Senator from Arizona The PRESIDING OFFICER. Without The Senator from Rhode Island now objection, the· President will be notified says that we should wait for the Su Cl4r. HAYDEN], the Senator from Minne forthwith. preme Court to rule on the question. He sota CMr. HUMPHREY], the Senator from and I both took the same oath to uphold Washington CMr. MAGNUSON]. the Sena the Constitution. When we believe that tor from West Virginia [Mr. RANDOLPH], LEGISLATIVE SESSION a proposal is unconstitutional, we have the Senator from Florida CMr. SMATH Mr. MANSFIELD. Mr. President, I a duty not to commit an unconstitutional ERS], the Senator from Missouri CMr. move that the Senate proceed to the act by approving it. That is the posi SYMINGTON], the Senator from New consideration of legislative business; tion of the senior Senator from Oregon. Jersey CMr. WILLIAMS], and the Senator The motion was agreed to; and the Now is the time to correct our mistake. from Michigan [Mr. HART] would each Senate proceeded to the consideration of The VICE PRESIDENT. The time of vote "yea." legislative business. the Senator has expired. The result was announced-yeas 75. Mr. PASTORE. Mr. President, I sub nays 15, as follows: LEGISLATIVE PROGRAM mit that we made no mistake at all. [No.63 Ex.) My concluding remark this afternoon Mr. MANSFIELD. Mr. President, the is that 10 Members of this branch of YEAS-75 minority leader and I have an announce Aiken Goldwater Miller Congress agreed with WAYNE MORSE last Allott Hartke Monroney ment which may be of interest to all year; 65 agreed with JOHN PASTORE last Anderson Hickenlooper Morton Senators. Bayh Hill Mundt First. let me state, for the information year. Beall Holland Muskie I yield back the remainder of my time. Bennett Hruska Pastore of the Senate, that it is anicipated that Mr. MORSE. Mr. President, this is Boggs Inouye Pearson the supplemental appropriation bill will Brewster Jackson Pell not be brought up until tomorrow. No the first time I have heard on the ftoor Byrd, Va. Javits Prouty of the Senate that the might of voting Byrd, W. Va. Johnston Proxmire votes will be taken on the bill tomor power makes right in the Senate. Cannon Jordan, N.C. Riblcoir row. It is the intention to have the Mr. PASTORE. I know; but we can Carlson Jordan, Idaho Robertson Senate go over, following the session to Case Keating Russell morrow, until Tuesday morning, at 11 not all be out of step because one Sena Cooper Kennedy Saltonstall tor may say we are. Cotton Kuchel Scott a.m. Mr. MORSE. One is not necessarily Curtis Lausche Simpson No further votes will be taken today. Dirksen Long, Mo. Smith No votes will be taken tomorrow. Votes in step when his majority squad is Dodd Mansfield Sparkman wrong. Dominick McCarthy Stennis will be taken on Tuesday. Eastland McClellan Talmadge The VICE PRESIDENT. All time has Edmondson McGee Thurmond been yielded back. The question is, Is Ellender McGovern Tower ORDER FOR ADJOURNMENT UNTIL the consideration of these nominations Ervin Mcintyre Williams, Del. by the Senate in accordance with the Fong Mechem Young, N. Dak. NOON TOMORROW Constitution? Senators who believe that Fulbright Metcalf Young, Ohio Mr. MANSFmLD. Mr. President, at it is in accordance with the Constitution NAYS-15 this time I ask unanimous consent that will vote "yea"; Senators who believe Bartlett Gore Morse when the Senate concludes i~ session Burdick Gruening Moss that it is not in accordance with the Church Kefauver Nelson this afternoon, it adjourn until noon to constitution will vote "nay." Clark Long, La. Neuberger morrow. The yeas and nays have been ordered, Douglas McNamara. YarbOrough The PRESIDING OFFICER. Is there and the clerk will call the roll. NOT VOTING-10 objection? Without objection, it is so Mr. MANSFIELD. Mr. President, I Bible Humphrey Symington ordered. ask unanimous consent that I may be Engle Magnuson Williams, N.J. Hart Randolph allowed t.o suggest the absence of a Hayden Smathers ORDER FOR ADJOURNMENT FROM quorum, the time for the quorum call So the question, Is the consideration of TOMORROW UNTIL TUESDAY AT not to exceed 3 minutes. 11 O'CLocK A.M. The VICE PRESIDENT. Without ob these nominations by the Senate in ac jection. it is so ordered The clerk will cordance with the Constitution? was de Mr. MANSFIELD. Mr. President, I call the roll for a quorum. cided in the aftlrmative. ask unanimous consent that when the 1963 CONGRESSIONAL RECORD - SENATE 7091 Senate adjourns tomorrow; it adjourn the narcotics offense appears to have been The proposed legislation does not have the to meet at· 11 o'clock a.m. · on Tuesday minor in nature, without the waiver pro support of the National Bankruptcy Con vided for in the bill, the beneficiary wm be ference. next. unable to join her_ husband in the United In its favorable report on H.R. 2833 the The PRESIDING OFFICER. With States. Committee on the Judiciary of the House out objection, it is so ordered. A letter, with attached memorandum, of Representatives wrote: dated September 11, 1962, to the chairman "Section 60d of the Bankruptcy Act now of the Senate Committee on the Judiciary provides that the bankruptcy court shall, ORDER OF BUSINESS from the Commissioner of Immigration and upon petition of the trustee or any creditor, Naturalization with reference to S. 3502, examine the reasonableness of fees paid by Mr. MANSFIELD. Mr. President, for which was a similar bill for the relief of the the debtor in contemplation of bankruptcy the information of the Senate, the only same beneficiary that passed the Senate dur· for legal services to be rendered. Amounts business to be undertaken during the re ing the 87th Congress, reads as follows: determined to be in excess of a reasonable mainder of the day will be consideration U.S. DEPARTMENT OF JUSTICE, fee may then be recovered by the trustee of items on the calendar to which there IMMIGRATION ' AND for the benefit of the estate. NATURALIZATION SERVICE, "Experience has shown that this language is no objection. For those Senators who Washington, D.C., September 11, 1962. is inadequate to protect both the creditors may wish to listen, there may be a few Hon. JAMES 0. EASTLAND, and the bankrupt from excessive attorneys• speeches. Chairman, Committee on the Judiciary, fees. In bankruptcy, the motivations which Mr. President, I ask unanimous con U.S. Senate, Washington, D.C. normally prevent overcharge are often ab sent that the calendar be called, start DEA:a SENATOR: In response to your request sent. It matters very little to a bankrupt ing with Calendar No. 128, to and includ for a report relative to the bill (S. 3502) for whether his attorney's fee is large or small ing Calendar No. 135, and that at the the relief of Mrs. Maria Nowakowski Chand since it will be paid out of assets which in appropriate points in the RECORD re ler, there is attached a memorandum of in any event will normally be completely con formation concerning the beneficiary. This sumed in distribution. It ls the claimant ports relating to the bills under discus memorandum has been prepared from the with a lesser priority and the general credi· sion may be printed. Immigration and Nationalization Service files tors who, in effect, pay excessive fees through The PRESIDING OFFICER. Without relating to the b,eneftciary by the Kansas a reduction in the value of assets available objection, it is so ordered. City, Mo., office of this Service, which has to them. custody of those files. "Although the act now provides that the The bill would waive the provisions of the trustee or creditors may cause the court to Immigration and Nationality Act which ex examine into the reasonableness of a fee, MRS. MARIA NOWAKOWSKI clude from admission into the United States lawyers are frequently reluctant to challenge CHANDLER any alien who has been convicted of violat the fairness of the fees charged by their ing, or conspiring to violate, a narcotic law colleagues. In view of the wording of exist The bill CS. 1196> for the relief of Mrs. or regulation, or any alien who is, or has ing law referees have, in the absence of such Maria Nowakowski Chandler was con been, an illicit trafficker in narcotic drugs. a challenge, been hesitant about examining sidered, ordered to be engrossed for a It would authorize the issuance of a visa fees on their own. third reading, was read the third time, and the beneficiary's admission into the "An additional but related problem ls pre and passed, as follows: United States for permanent residence, if sented in no asset or nominal asset cases. Be tt enacted by the Senate and House of she is found to be otherwise admissible. The Since the allowable fee in these cases would Representative$ of the United States of bill limits the exemption granted the bene be rather small, attorneys have sometimes America tn Congress assembled, That. not ficiary to a ground for exclusion known to required debtors to sign notes for excessive withstanding the provisions of section 212 the Department of State or the Department fees after the filing of the petition. (a) (23) of the Immigration and Nationality of Justice prior to its enactment. "These and similar abuses were brought to Act, Mrs, Maria . Nowakowski Chandler may Sincerely, the attention of the Bankruptcy Committee be issued a visa and be admitted to the RAYMOND F. FARRELL, of the Judicial Conference which requested United States for permanent residence if she Commissioner. the introduction of legislation substantially is found to be otherwise admissible under the same as H.R. 2833. the provisions of that Act: Provided, That "This bill strengthens the power of the this exemption shall apply only to a ground REEXAMINATION OF ATTORNEY court to review the reasonableness of attor for exclusion of which the Department of FEES PAID IN BANKRUPTCY PRO neys' fees in the bankruptcy cases. It gives Justice or the Department of State has CEEDINGS the bankruptcy court additional authority knowledge prior to the enactment of this so that it may examine on its own motion Act. The bill Resolved by the Legislative - Assembly of U.S. DISTRICT JUJ?GE MAINE the Sta.te of Oregon: · Charles B. Fulton, of Florida~ to be U.S. William E. Comer, Bangor. 1. We urge the expeditious procesaing district judge for the south~rn d.ist;rict of Sidney W. Bessey, Buckfield. through the Federal agencies concerned of Florida. Samuel A. Saunders, Calais. the review of the Tualatin Valley irrigation POST.M:ASTEBS Ervin D. McCluskey, Jr.• Freeport. project plan required preliminary to its ap ALABAMA Erma M. Small, Monson. proval by the Secretary of the Interior and Lorraine J. Bragdon, North Vassalboro. the authorization of the project by the Con Liberty B. Todd, Attalla. Keith G . Robinson, Pembroke. gress of the United States, and we further Ersie F. Palmer, Birmingham. Edward E. Scribner, Stratton. urge that approval and authorization. Ida L. Colgrove, Boligee. Lloyd E. Beckett, Thomaston. 2. The secretary of state shall send a copy Erskine W. Bonds, Docena. of this memorial to the President of the William H. McCarty, Moulton. MARYLAND United States, the Secretary of the Interior Thomas P . Weeks, Moundville. Eugene G. Bujac, Bowie. and the Commissioner of the Bureau of ALASKA Richard H. Bates, Branchville. Ora H. King, Clarksburg. Reclamation, and to each member of the Marshall C. Higginbotham, Aniak. Oregon congressional delegation. Joseph E. Kenney, Frostburg. J . Raymond Roady, Ketchikan. Virginia M. Goode, Marbury. Adopted by house March 13, 1963. Mildred J. Sanford, Tok. CECIL L. EllWARDS, Henry J. Mundell, North Beach. Chief Clerk of House. ARKANSAS W. Conway Beall, Upper Marlboro. CLARENCE BARTON, Eliot T. Bush, Arkinda. M. Illene Trotter, Waldorf. Speaker of House. James G. Ramey, Everton. MONTANA . Adopted by senate April 2, 1963. Kathryn R. Richards, Gamaliel. L. Preston Blakeley, Absarokee. BEN MUSA, Maxine,R. Edmondson. Gentry. Jean M. Hanson, Simms. President of Senate. Leslie H . Johnson, Hackett. George A. Henderson, West Glacier. Herbert M11ler, Jr., Junction City. Lois M. Walker, Wolf Creek. Roy L. Sharpe, Little Rock. ADJOURNMENT Milton M. Hemingway, McGehee. NEBRASKA Mr. SPARKMAN. Mr. President, if Al:&>h Herron, Mayftower. Donald F. Carey, Bancroft. Marvin J. Wilber, Maysville. Blaine T. Larsen, Beaver Crossing. there is no further business to come be Arnold B. Sikes, North Little Rock. Wilfred L. Kozisek, Bruno. fore the Senate at this time, I move that Joe D. Taylor, Plainview. Norman I. Anderson, Concord. the Senate adjourn until 12 o'clock ·noon John A. Graves, Siloam Springs. Carl C. Larson, Edgar. tomorrow, pursuant to the order pre James E. Landes, Stamps. Elgar R. Dempcy, Eustis. viously entered. Erwin B. Medart, West Fork. Mary E. Hartigan, Inman. The motion was agreed to; and