EXTENSIONS of REMARKS May 14, 1969 EXTENSIONS of REMARKS HON

12596 EXTENSIONS OF REMARKS May 14, 1969 EXTENSIONS OF REMARKS HON. HENRY B. GONZALEZ Antonio ca.me to belleve that Gonzalez was sent that Senator BYRD'S remarks on this in fact a "consiberal" with ability to see both sides of every question. That's why he was important subject be printed in the REC­ HON. JIM WRIGHT able to muster enough support to defeat a ORD. There being no objection, the remarks OF TEXAS massive Republican campaign highlighted by barnstorming here of the late Dwight D. Eis­ were ordered to be printed in the RECORD, IN THE HOUSE OF REPRESENTATIVES enhower in 1961 to become the first Mexican­ as follows: Wednesday, May 14, 1969 American ever to be elected congressman from Mankind's development from the begin­ Bexar County. Mr. WRIGHT. Mr. Speaker, the San ning has followed the course of rivers. From And Gonzalez since then has stayed elected the earliest civilization, cradled between the Antonio Express and News on Sunday, by pursulng the policies that won him the Tigris and the Euphrates, to the present, April 27, published a very perceptive job in the first place. commerce and trade have moved along the front page column by Paul Thompson His liberal voting record in Congress is major waterways and in their valleys. Eco­ concerning our extremely able and high­ almost perfect with regard to civil rights and nomic and cultural growth has been the al­ ly respected colleague, Hon. HENRY B. social reform and wage legislation. But he has most inevitable result. GONZALEZ. also labored unstintingly for state and local Today some two and one-half million business projects and any bill needed to put In reviewing the Gonzalez record from people live in the Pittsburgh Metropolitan them over. And from being a candidate who Area. This is more population than in any the days when our colleague served on squeaked by in 1961, he now has such all­ one of 22 states of this country. And these the San Antonio City Council, Mr. pervading community support that not even two and one-half million people earn a higher Thompson reveals the steady sense of his worst politioal enemies would dream of level of income than do those of many of the fairness and the consistency of convic­ running against him. states. How do the Pittsburgh people do it, tion which those of us here in Congress But today Congressman Gonzalez finds compacted as they are into so limited an have come to recognize as hallmarks of that he hasn't been llberal enough to suit area? And why are all these people congre­ the Gonzalez character and career. the aforementioned County Com. Pena, State gated here at this particular spot on the HENRY GONZALEZ is universally re­ Sen. Joe J. Bernal and other "Viva La Raza" map? types who want Henry B. to say, in effect, Pittsburgh is preeminently a river city. spected by his colleagues, and I know "I am no longer a 'oonsiberal' who represents Like the tree by the waters, of which the many will enjoy reading this splendid all the people. I have reformed. From now on, prophet Jeremiah spoke, the city has spread column which I include herewith under I am representing the Mexicanos." out her roots by the river, and her leaf has leave to extend my remarks: Does any sensible Mexican-American here been green as a result, and she shall not cease Back in 1953, when he left the county really believe that this would be a good move from yielding fruit. juvenile office to try his hand at politics, for Henry B. Gonzalez? Or for anyone else? Pittsburgh has grown here to these ma­ Henry B. Gonzalez used to say that he jestic proportions because she is at the head­ aimed to represent "all the people of San waters of the Ohio-Mississippi River system, Antonio" and would never allow himself to and because for over two centuries, the site be categorized as a purely Mexican-Ameri­ SENATOR ROBERT C. BYRD of this city has been the historic gateway can candidate. STRESSES INTERDEPENDENCE OF between the Atlantic Coast and the water­ As a city councilman for three years (he WATER SYSTEMS way connections leading southward to the resigned to run for the Texas Senate), Gon­ Gulf of Mexico, westward half way to the zalez used to tell Mexican-Americans who Rockies, and north to the Canadian border. appeared in the council chamber and ad­ HON. JENNINGS RANDOLPH The geographic and historic underpinning of Pittsburgh's vitality has been her mutu­ dressed their remarks solely to him: "Look, OF WEST VIRGINIA talk to these other eight men too. We all ality of interest with the other waterway represent you." IN THE SENATE OF THE UNITED STATES communities to which she is linked over This was regarded as quite proper and Wednesday, May 14, 1969 hundreds, and even thousands, of miles by even edifying by leaders of the Mexican­ her river connections: Huntington, Cincin­ American community at that time, includ­ Mr. RANDOLPH. Mr. President, on nati, Louisville, St. Louis, New Orleans-and ing men like Albert A. Pena Jr., the county April 18, 1969, my colleague from West Kansas City, Omaha, and innumerable other commissioner, but it fell rather quaintly on Virginia (Mr. BYRD), addressed an audi­ cities, when one thinks, for example, of the the ear of conservative elements on the ence of civic and business leaders in Mississippi and Missouri Rivers. north side of town, particularly the so­ The Mississippi-Missouri is the third long­ Pittsburgh, Pa. He discussed that area's est river system in the world, exceeded only called "pure Anglos" among them. mutuality of interest with farflung river To put it mildly, they didn't believe Gon­ by the Nile and the Amazon, and longer than zalez. valley communities from the Gulf Coast either the Yangtze or the Congo. to the headwaters of the Mississippi and Including all of the developed tributaries, And when he staged a record-breaking such as the Monongahela, the Knawha, the filibuster in behalf of Mexican-American civil Missouri and the Ohio Valley in water resource development for pollution Arkansas, and so on, the Mississippi com­ rights as one of his first acts upon election prises the longest navigable waterway system of the State Senate, these conservatives felt abatement, flood control, water supply, in the world. justified in their suspicion that Gonzalez and navigation. As a major member of this great inland was a mere publicity seeker who wanted to Senator BYRD'S effective remarks were river community, then, Pittsburgh shares be a hero on the West Side of San Antonio centered on Pittsburgh at the head­ with these distant ·cities the common op­ and was trying to kid everybody else with waters of the Ohio, but they have a pro­ portunities and problems of her waterway his repeated declaration, "I represent all the linkages, those of water supply, navigation people." found relevance for all other river com­ munities in their graphic delineation of development, pollution and fiood control. It soon became clear, however, that Gon­ Pittsburgh has held a position of leadership zalez was a senator who recognized needs the unity of the river systems and of the in the extensive pollution control program Of the business community and who WOuld interdependence of water resource de­ of the Ohio Valley. Acting under authority not back legislative bills of an impractical velopment programs. of the eight-state compact of 1948 and under nature simply because somebody said they The Nation is afflicted with disastrous standards of the Ohio River Valley Water would do the Mexican-Americans a lot of Sanitation Commission (commonly known good. floods; the pollution of our lakes and rivers threatens public health; our needs as ORSANCO), the city of Pittsburgh, in In brief, State Senator Gonzalez turned association with 68 adjacent communities out to be pretty much of a legislative hard­ for water for communities and industries established one of the earliest, and the nose-liberal in the area of civil rights and are rapidly mounting; our navigation largest. municipal water quality control conservatively disposed when it came toques­ system is inadequate for the growing works of the Ohio Valley program. This fa­ tions of how the taxpayers' money ought to requirements of commerce. cility was dedicated in 1956. be spent. Senator BYRD's emphasis on the wide­ Industry has joined with government in While supporting any workable program spread mutuality of interests involved in the extensive anti-pollution efforts that have that would help the poor, he didn't believe water resource development serves to en­ been made, and substantial progress has re­ in heaving petty cash around like the Aga sulted. But much still remains to be done, Khan on a shopping tour. He described him­ courage the broad public support and according to the Federal Water Pollution self at the time with the neologism, "I am cooperative effort needed for an ac­ Control Administration, which keeps a close a consiberal." celerated program urgently required in check on the Ohio Valley situation. The business community and a whole heap the national interest. In this connection, I noted that the Wall of Anglo-Am~ricans on the north side of San Mr. President, I ask unanimous con- Street Journal had an article on March 17 May 14, 1969 EXTENSIONS OF REMARKS 12597

dealing with the Ohio pollution problem. It eventually hold for controlled release in the In a few years, action will have to be said the river is still polluted, despite years dry season, represent a serious potential flood taken to enlarge the lockage capacity in the of effort to clean it up. Cities and factories hazard for the Pittsburgh area and other Upper Ohio River. Traffic growth will soon continue to dump raw sewage--or insuftl.­ communities in the wet season. The water be crowding the old locks at Emsworth, ciently treated sewage-and industrial wastes would be wasted then and eventually lost in Dashields, Montogomery Island, and, farther into the river, the paper said. Politics the Gulf of Mexico. Although these projects downstream, at Gallipolis. These locks are of and the high costs of clean-up combine to are some distance away and in another state, mounting concern to Pittsburgh industry. keep the anti-pollution progress slow. they are of vital concern to the Pittsburgh For many years one of the basic strengths Most experts agree, the article said, that community. of the Pittsburgh steel industry has been the Ohio is cleaner today than it was in the Thus, in these great undertakings with its supply of metallurgical coal near at hand. 1930's. But the amount of filth that still respect to water supply, flood control, and This coal has been brought in, principally pours into the river appalls pollution fight­ pollution abatement, Pittsburgh has common via the Monongahela River, from origins a ers. Thus far nearly a billion dollars has been cause with far-flung river valley regions, both short distance upstream in southwestern spent in the anti-pollution drive. upstream in West Virginia and downstream Pennsylvania.. But, this is getting less true This, I think, underlines the fact that pol­ into states and communities hundreds or than it used to be. For efficient operation of lution control is a continuing task, and I thousands of miles away. The waters of the coke ovens, the Pittsburgh steel industry wish to emphasize that it is a total river­ Cheat, the Monongahela, and the Ohio be­ must bring in a growing tonnage of low basin task, intercity and interstate. I am glad come, as well, the waters of the Mississippi, volatile coal from southern West Virginia, to note that Pittsburgh has been a leader, as and, intermingled with the drainage of the principally from District 7. This coal orig­ well as a participant, in the anti-pollution Missouri, the Upper Mississippi, and the Illi­ inates at the mine by rail and is trans­ fight. nois Basins, these waters from states as far shipped at West Virginia ports to barges for But, if Pittsburgh has been a leader in away as Colorado and Montana join with carriage upstream on the Ohio River to Pitte­ efforts to improve her waterways, she has also those from West Virginia and Pennsylvania burgh and Monongahela River coke ovens. been a beneficiary. In the Monongahela Val­ to wash the docks of Baton Rouge and New In 1961, waterborne coal shipments from the ley, my home state of West Virginia is up­ Orleans. Huntington, West Virginia, district of the stream from Pittsburgh. The Monongahela The rivers thus are one. I think, with re­ Ohio River into the Pittsburgh District and River, in its natural state, has an extreme spect to pollution control. Pittsburgh has the Monongahela River amounted to about variation in flow from seasGn to season, at demonstrated an awareness of this unity at 4 million tons. In 1966, this had risen to times pouring savage floods down upon the least as penetrating as any river community 7.3 million tons, and in 1969, it may well valley communities, at other times virtua,lly in the country, and the entire Mississippi exceed 8 million. drying up. The Monongahela fluctuates be­ Valley owes tribute to Pittsburgh for this I say all of that to say this: The tradi­ tween deluge and desert. The President's vision. In the field of river navigation, the tional long-time reliance of Pittsburgh coke Water Resources Policy Commission stated in facts justify a similar awareness and ini­ ovens on short-haul coal transportation on 1950 that the ratio of maximum flow to the tiative. the Monongahela must now be reinforced, minimum monthly average at Pittsburgh is Pittsburgh is one of the nation's leading to a. growing degree, by a comparably low­ 400 to 1. For one gallon of trickle in the ports. In 1966, over 15 million tons of water­ cost reliance on longer-haul carriage on the dried-up bed in one season, the river delivers borne cargo were loaded and unloaded in the Ohio. And, this longer-haul movement must 400 gallons into the city streets in the flood Pittsburgh-Aliquippa area. As a measure of get through the aging locks of Gallipolis, season. Only by means of upstream werlcs in magnitude, this tonnage was equivalent to 52 Montgomery Island, Dashields, and Ems­ southwestern Pennsylvania and northern percent of all the United States tonnage worth. The eventual modernization of these West Virginia has this hydrological maniac moved that year through the St. Lawrence locks is thus of rising consequence to the been tamed. Seaway. Pittsburgh economy. Navigation structures have made an im­ Pittsburgh's waterborne commerce pro­ Even on the Monongahela, the haul is get­ portant·contribution. These big dams on the vides, at low cost, the fuels and materials ting longer. Coal on the Monongahela. is a Monongahela, in addition to their primary for her basic industries. It provides low-cost big growth movement, having risen from 19.8 navigation function, maintain a constant outlets for Pittsburgh products to distant million tons in 1962 to 27.9 million in 1966. depth of water, permitting uninterrupted markets. The jobs and incomes of countless While much of this increase has originated in supply for water intakes of municipalities Pittsburgh families rest directly upon this Pennsylvania, a growing portion comes from and industries which otherwise would be water transport foundation. farther upstream in northern West Virginia. above the surface in the low water season. Through the re-spending of these house­ In 1955, the portion of Monongahela River Two structures, long in service, the Morgan­ hold incomes by employees, executives, and coal moved into the Pittsburgh District from town and Hildebrand locks and dams, plus investors in the water-based industries, the West Virginia was only 12 percent. In 1966, the new Opekiska installation, all three with­ revenues of local industries, retail store, and this was up to 30 percent. At one time, the in West Virginia, team up with the down­ professional services are sustained. Pitts­ navigation facilities in the upstream reaches stream Pennsylvania structures in this con­ burgh's waterborne commerce in the latest of the Monongahela were of only secondary tribution to water supply in the Pittsburgh year reported (1966) amounted to more than concern to Pittsburgh industry. But they are District. 24 tons for each and every household in the rising to a higher level of importance. Reservoirs in the upstream tributaries Pittsburgh Metropolitan Area-a 24-ton There is also much that is of importance above the head of navigation are major con­ foundation for the rising standard of living to Pittsburgh in the lower Ohio River, for tributors both to water supply and to flood of that household just above where it empties into the Mis­ control. In the wet season, when the melting When you look out your office window in sissippi, a major traffic crisis is developing. snows and the rains in the mountains pour Pittsburgh and see a great tow of barges In 1955, about 15 million tons of cargo were their floods into the valley, these reservoirs moving some 10,000 tons of industrial mate­ carried through this gateway. Ten years later, catch and hold the waters which otherwise rials and products on the Monongahela or it had doubled to 30 million tons. In 1968, would flood the downstream communities. the Allegheny River, I am sure you recog­ the traffic reached 39 million tons. During the following dry seasons, controlled nize that this traffic is playing a vital role in Under production and shipping contracts releases from the reservoirs maintain, not the foundations of Pittsburgh's livelihood. for electric utility coal already concluded, only the quantity of water available to com­ But, what would you say if you saw a tow about 45 million tons will be seeking passage munities and industries, but, in addition, a of barges over a thousand miles away while in another two or three years. movement of current to flush out wastes and you were vacationing on the Gulf Coast, per­ The Corps of Engineers estimates the ca­ provide aeration. Tygart Lake, a man-made haps at Destrehan, Louisiana, or Beaumont, pacity of the four old locks at the Ohio­ body of water in West Virginia performs this Texas? Would you feel that this distant com­ Mississippi gateway at about 40 million tons. vital function for the entire downstream merce had much to do with the economy More than that simply cannot be accom­ valley of the Monongahela to Pittsburgh and of Pittsburgh? You well might. You would modated. into the main stream of the Ohio River. 15ay, I think, at times, that this tow of barges, The Corps, however, is ready wit h con­ But, this job is only begun. The danger of shadowed by the palm trees of the Gulf struction plans for a new high-lift installa­ floods in the Pittsburgh area persists, and Coast, is just as much a part of the economy tion, known as the Smithland Locks and much improvement remains to be accom­ of Pittsburgh as though it were in the shadow Dam, to replace two of the old st ructures, plished in dry season water supply. Two new of Mount Washington. For, on numerous oc­ and is expected to be ready, probably next projects in West Virginia on the upstream casions, it would, indeed, be exactly the year , to start construction of a second new tributaries of the Monongahela have been de­ same tow of barges--only a few days later one at Mound City, Illinois, to replace the signed to meet this need and await congres­ than when you saw it in Pittsburgh. And a other two. Only upon the completion of sional action towards their construction. One few days still later you may see that tow in these two facilities wlll capacity again be­ is the Rowlesburg Lake project on the Cheat Pittsburgh again. For much of the waterborne come adequate for the enormously rising vol­ River, which is to be a very large body of traffic moving under the bridges of Pitts­ ume of cargo carried L-~tween the Ohio and water, indeed, with a flood-control storage burgh moves, also, under the bridges of the Mississippi Rivers. Smithland is 918 miles capacity of 300,000 acre-feet and about Huntington and Cincinnati, and some of from Pittsburgh, but the bottleneck there 523,000 acre-feet for water quality control and this, also, moves under the bridges of Mem­ can hurt the economy here. recreation. The other is Stonewall Jackson phis and New Orleans. An ever-growing por­ The lower Ohio River gateway has long Lake on the West Fork River with a projected tion of Pittsburgh's river commerce is long­ performed a function of particular meaning gross storage capacity of 75,200 acre-feet. The haul traffic, reaching to the extremes of to the Pittsburgh steel industry. As you waters which these man-made lakes will the Mississippi River system. k n ow, to utilize its steel-making cap:icity '

12598 EXTENSIONS OF REMARKS May 14, 1969 ; adequately, the Pittsburgh District must de­ ADDRESS BY LAWRENCE M. GELB of hearing. We must learn to listen to things \ liver steel to markets which are closer to we may not wish to hear . . . to things that competitive steel-making centers than Pitts­ may embarrass us . . . that even generate burgh is. This means that low cost, long­ HON. SEYMOUR HALPERN feelings of guilt among us. hauling transportation is of distinctive im­ OF NEW YORK But, by listening, we can learn. And we portance to the Pittsburgh steel industry. can use whatever power we have to help do Barge transportation on the rivers has IN THE HOUSE OF REPRESENTATIVES what has to be done. performed an important function in meeting Wednesday, May 14, 1969 Listen, for example, to what black people this problem. In 1966, for example, slightly are saying, and you will hear a cry ... a plea over one million tons of Pittsburgh District Mr. HALPERN. Mr. Speaker, in these ... for the opportunity to share in this Na­ steel moved through the lower Ohio River troubled times it is not difficult for one tion's bounty ... a respectable job, a decent gateway to Mississippi Valley and Gulf Coast to fall into a mood of gloom and despair. home, a good education and the chance to do destinations. Of this total, about 50 percent Over and over we are reminded of all better. was pipe and tubing of high value. It may the problems-the war, the cities, the Today there are new powerful voices . . . be estimated that the total sales value of dissatisfied youth, and minority groups. the voices of our young people . . . and, by this steel in Pittsburgh, at published prices, the way, I'm afraid there are more of them was about $160 million and that its produc­ Several evenings past a man spoke of a than there are of us . . . and they too ask tion yielded about $55 million in local pay­ new outlook on our unsettled society. to be heard. roll incomes. In all the chaos and unrest he saw Listen to the dropouts-to the protesters-­ Pittsburgh shares with other domestic hope-something few are brave enough to the doubters and the bewildered, who are steelmaking districts the problem of foreign to mention these days. He spoke, with a trying so hard to find their way. Listen also competition, and this competition, of course, level head and a clear eye, of seeing be­ to the songs our young people are singing. hits hardest on the coasts. On the Gulf yond the turmoil to the true message of They sing of love . . . and friendship . . . Coast, Pittsburgh s·teel meets this competi­ and yes, they sing about brotherhOod. They tion by barging its product down the rivers. those who are in conflict and whose are all trying to tell us the same thing­ Of the one million tons of Pittsburgh Dis­ voices are raised. He asked us to listen that maybe we older people have lost some trict steel barged through the lower river more closely, not to the harsh words, but of our sense of human values. bottleneck into the Mississippi in 1966, 660,- to the minorities' new aspirations and Whether that is true or not, one thing is 000 tons were carried down the Mississippi feeling of dignity, and to the songs of certain. We must pay heed and respond to to Gulf Coa,st markets. love and friendship sung by the young their message. Because, if we cannot com­ As an illustration, 228,000 tons of Pitts­ in search of a new sense of human val­ municate our values by the quality of our burgh District steel were delivered by barge ues. He spoke of the ability of the indi­ everyday actions, then perhaps we really have at Galveston Bay, whereas imported steel lost them. at Galveston Bay amounted to 1.2 million vidual to make a positive contribution to But when the raucous voices of the extrem­ tons. I believe it ls reasonable to say that better things. ists of any race, color, or creed shout hate Pittsburgh stays in the Gulf market only by Mr. Speaker, I should like to place into and engender fear, let us not be stampeded. virtue of low-cost, long-haul barge trans­ the RECORD, and commend to all in Let us react courageously and listen fearless­ portation. And this barge transportation has search of a new response to our prob­ ly . . . and understandingly . . . patiently. to move through the lower Ohio River bot­ lems, the speech of Mr. Lawrence M. And if we do, the message will come in tleneck to get there. Relief of this bottle­ Gelb, chairman of the board of Clairol, loud and clear . . . the message that we are neck, 918 miles away, is thus of considerable being asked to find a new way to look at the importance to Pittsburgh. at the dinner in his honor given by the concept of equality. Steel shipments are only one illustration. Anti-Defamation League at the Waldorf­ It is a fact that equal treatment, as we In addition, large quantities of petroleum Astoria in New York on March 31, 1969: have known it, is meaningless to people who and petroleum products are brought from ADDRESS BY LAWRENCE M. GELB, ANTI-DEFAMA­ have been treated unequally for generations. Gulf Coast and Mississippi Valley origins TION LEAGUE DINNER, MARCH 31, 1969 What ls needed is not so much equality as through the lower Ohio River to Pittsburgh You've heard a lot about the problems our equity. Our task is to discover equitable consumers. Fuel oil and gasoline are espe­ country faces. You'll hear a lot more tonight. means by which minority groups can share cially worthy of mention. The 1.5 million But I, for one, refuse to look at them de­ in the unprecedented opportunities that barrels of residual fuel oil so moved in 1966, spairingly. America offers. large as this quantity is, constitutes only a I trust you will not regard me as a blind Those of us who are working in that di­ partial measure of its importance. The avail­ optimist when I say to you ... let's look at rection know that much has been accom­ ability of waterborne fuel oil to Pittsburgh the bright side. plished. And we know how rewarding it can tends to set a celling price on this fuel Let's remember that much of the unrest in be. But our successess must not breed com­ delivered from other origins and by other our nation ls due to the desire for achieve­ placency. For there is a never-ending amount means of transportation, so that the bene­ ment and opportunity. For the first time, of work to be done! ficial effect on the area's economy ex-tends to minor! ties are beginning to see some real Like the walls of Jericho, the barriers of far larger quantities than those actually light up ahead. That's why they are trying discrimination and prejudice are beginning carried by water. so much harder to reach that light. to tumble. In our businesses . . . in prac­ The gateway of the lower Ohio carries very We should feel re-assured that people, who tically every walk of life ... we have found large quantities of gasoline from Gulf Coast have been denied so much, can still hope and a new way of looking at these things. and Mississippi and Ohio Valley refineries work for a chance to determine their own We must vow ... each of us ... in our to the Pittsburgh area. Waterborne gasoline fate. And we should recognize how important everyday dealings ... to treat every man ... received in this port area from these distant it is to protect their lights and interests as in business . . . in our social lives . . . and origins amounted in 1966 to 266.9 million well as our own. in our political involvements ... only on gallons, enough to move every automobile For we know what every doctor knows: the basis of his true individual worth. registered in Allegheny County a distance of For the body to be truly healthy, every one If we can do this, we can really harness the 7,500 miles. The river thus constitutes a of its parts must be sound. If our nation ne­ genius and drive of decent people every­ major source of fuel supply for motorists, glects the rights and needs of any one group where, to the challenge of helping all groups trucking companies, and other consumers in of citizens, we will have a sick society. in our country become happy, proud, and the Pittsburgh area. It matters not whether they are unem­ productive ... and we will have taken a Other ex-amples could be cited, notably the ployed farmers ... disenfranchised voters ... giant step forward! large and growing movement of chemicals. deprt ved schoolchildren . . . or qualified pro­ If we can apply our capacity for facing In view of the rising use of petrochemicals, fessionals who are banned from equal oppor­ realities and making tough decisions, as Pittsburgh's connection with the Gulf Coast tunity because of their religion or their color. well as our knack for communicating ideas and other points is of increasing importance If one minority ls overlooked in the equitable to the problems of individual prejudices, we for the receipt of feed stocks and inter­ distribution of opportunity in our society, will get brotherhood rolling . . . and fast! mediates. then we are all in trouble. It is time ... right now ... to stop Pittsburgh is probably unique among If we keep this thought in mind, I suggest wringing our hands and start linking our American cities in being served by three we might find a new way of listening to the arms .... to address ourselves to rights great rivers. Its very existence arises from voices of all minorities in our country. rather than to rifts ... to work to bridge the fact that the Allegheny and the Monon­ The truth is that the basic message of the the gap that separates people ... to find gahela-within sight of this room-flow to­ underprivileged is neither threatening nor fulfillment in the knowledge that such of gether here to form the Ohio. Pittsburgh's frightening. It is, instead, a fervent appeal us--one man at a time--one day at a time­ fortunes, from the first, have inextricably • ... sometimes militant-sometimes concilia­ has made some meaningful contribution to been bound up with the three rivers-which tory ... for self-determination and dignity. better human understanding. are really one. The future of the city is Doesn't this demand our fullest respect, at­ Ladies and Gentlemen ... if we make likewise one wih the continued development tention, and above all ... action? this effort ... we will build-unquestion­ of the waterway system of which its rivers Therefore ... in our dialogue with mi­ ably-a far better world for ourselves and are a part. norities . . . we must develop an acute sense for those who follow us. Thank you. May 14, 1969 EXTENSIONS OF REMARKS 12599 ADMIRAL RICKOVER URGES A passed to the United States when we became States with increasing success. It is most STRONG NATIONAL DEFENSE the foremost naval power. Now Russia has evident in the current political campaign. set her sights on dominating the seven seas I would like to show how this technique is in or·der to achieve her long-announced goal being used to eliminate the depletion allow­ of world domination. ance and, with it, the domestic petroleum HON. JOHN 0. PASTORE industry. If the depletion allowance and in­ OF RHODE ISLAND tangible drilling costs provisions are elimi­ IN THE SENATE OF THE UNITED STATES nated, for all practical purposes, exploration DIALECTICS will cease unless there is a severalfold in­ Wednesday, May 14, 1969 crease in the price of oil. We au know what Mr. PASTORE. Mr. President, I ask happens to an industry which attempts to unanimous consent to have printed 1n HON. GEORGE BUSH raise prices, even modestly, in order to main­ OF TEXAS tain profits. We can also imagine the political the Extensions of Remarks an article en­ furor which would be created if the rig count titled "Report From Washington," writ­ IN THE HOUSE OF REPRESENTATIVES dropped to zero. Obviously, no politician ten by Walter Trahan, and published in Wednesday, May 14, 1969 really would want to be identified with either the Chicago Tribune of Friday, May 9, alternative. However, this does not prevent 1969. Mr. BUSH. Mr. Speaker, Dr. Jack G. them from advocating it. There being no objection, the article Elam, editor of the newsletter of the The depletion allowance (the "thesis") was ordered to be printed in the RECORD, Society of Independent Professional generates the contrary forces (abolition-the Earth Scientists-SIPES-Offered an in­ "antithesis") which, when they accumulate as follows: sufficiently, causes a reordering of things into [From the Chicago Tribune, May 9, 1969] cisive analysis of the oil depletion issue in the September 1968 issue of his pub­ a new state (reduction-the "synthesis"). REPORT FROM WASHINGTON lication, entitled "Dialectics." As Dr. As soon as the reduction is accomplished, the (By Walter Trohan) Elam's particular approach to the topic same attack starts anew; 27Y2 % becomes WASHINGTON, May 8.-A powerful case for 23 Y2 % which then becomes 1 7 Y2 % and on ad is one I found uniquely refreshing, I infinitum. At no single instance can the pub­ a strong national defense was made recently thought it might be of interest to Mem­ by Adm. Hyman G. Rickover, father of the lic say the reduction killed domestic explora­ nuclear navy, at the request of Sen. John o. bers of the House, especially in considera­ tion but, in the long run, the objective will Pastore [D., R.I.], chairman of the joint tion of the tax reform proposals now be­ have been achieved. So what if gasoline is committee on atomic energy. ing studied by the Ways and Means rationed! (Note that there are still only a The case, put by a responsible and learned Committee. The article is as follows: few gasoline stations in all of Moscow.) citizen, deserves the earnest study of every When one of the leading economic advisors DIALECTICS for the Democratic party comes out with the American in view of the fi.gh t being waged (By Jack G. Elam) against a strong defense, as highlighted by statement that the depletion allowance costs the campaign being waged against develop­ It might seem strange to discuss dialectics the Federal government $4,000,000,000 per ment of missile defenses. The opponents are in the Newsletter but the mineral industries year in taxes and the nation receives abso­ not public servants charged with responsi­ are critically affected by the affairs of state lutely nothing in return, don't think he is so bility to secure the country against foreign and SIPES members should never forget this. stupid that he can't even understand ele­ conquest, but private individuals not in the Dialetics, as defined in Webster's Collegi­ mentary economics. Realize that he under­ least responsible or accountable for the con­ ate Dictionary is "that branch of logic which stands dialectics! sequences of their opinions. teaches the art of disputation and of discrim­ The opponents abhor war, but so do the inating truth from error". The unabridged military who are charged with awesome re­ dictionary is much more definite however, sponsibility of security. The opponents argue and the word has different meanings as ap­ ROTC PROGRAM that military spending should be ended so plied to Socrates, Kant, Hagel, and Marx, for we can assume unmet domestic needs in a example. The latter two have really supplied war on poverty. Some would argue that war the modern definition. They propose that "a Hon. G. V. (SONNY) MONTGOMERY given state of affairs (the 'thesis') generates is so horrible it is better to suffer defeat than OF MISSISSIPPI fight, even tho the cost of preparedness is 8.8 contrary forces (the 'antithesis') which, per cent of the gross national product, which when they accumulate sufficiently, causes a IN THE HOUSE OF REPRESENTATIVES reordering of things into a new state (the is what it was 10 years ago, excluding the Wednesday, May 14, 1969 cost of the war in Viet Nam, of course. 'synthesis')." This means little to those of us not tra.ined in philosophy. However, if we HITLER'S THREAT WAS ALSO IGNORED Mr. MONTGOMERY. Mr. Speaker, examine the political scene carefully, we will since my sponsorship of H.R. 10136, con­ "The Soviets have frequently announced find that those who do understand the their intent to be the preeminent world philosophy have been able to achieve many cerning campus unrest, and my testi­ power," Rickover wrote Pastore. "Why do we otherwise unattainable objectives. Therein mony before the House Education and not believe them?" lies the danger to earth scientists and the Labor Subcommittee on Campus Un­ "Hitler, in 'Mein Kampf,' plainly an­ laws which permit them to discover the nat­ rest, with particular emphasis of the nounced his intent to dominate the world. ural resources required for a viable economy. ROTC aspect of this problem, I have re­ We did not believe him, either-until it was Most associate dialetics or dialectic ma­ ceived widespread indication of the in­ nearly too late. terialism with the communi!sts, although a terest of the people of America have in "Adm. Gorshkov, commander in chief of branch of logic need not be restricted to a the soviet navy, and recently: 'The flag of the this problem. Even from people outside single economic system. As one prominent my congressional district such as the soviet navy now flies proudly over the oceans writer put it, if you hit a man on the head of the world. Sooner or later, the U.S. will with a hammer once you will make him mad, following letter from Mrs. Evelyn Floyd, have to understand that it no longer has but if you hit him on the head for an ex­ of Miami, Fla., which I commend to my mastery Of the seas.' tended period of time and then promise to colleagues: "And just a few days ago the Russians an­ start hitting him on the head less hard, or MAY 8, 1969. nounced a projected 50 per cent increase in to let up entirely, he will then start thank­ Congressman G. v. MONTGOMERY, the size of their merchant fleet. These facts ing you for your generosity. Cannon House Office Building, should be weighed when assessing the judg­ A classic example of this is evident in Rus­ Washington, D.C. ment of those who argue for a reduction of sia. Stalin was a terrible despot who was re­ DEAR Sm: Thank God for a man like you American military power while the soviet !sponsible for millions of deaths by starvation military power is rapidly expanding. who will speak out. My husband and I and in slave labor camps. Yet, his tyranny adopted two boys years ago out of an or­ "The bearer of bad news is always pun­ provided the cement which has allowed Rus­ ished. In ancient times, he might be put to phanage and raised these boys and worked sian communism to survive. Now the Russian hard-I on one job for 33 years and Mr. death. Today he becomes 'controversial' and people think only of the fact that, compared unpopular. But if there is one subject on Floyd for 30 years on one job. We sent them to his reign of terror, they are extremely well to college and they took R.0.T.C. Thank God, which the American people must know the off. truth, however unpalatable, it is our military Many of our leading intellectuals point it really made fine men out of both of them. position vis-a-vis the soviets." with pride to the recent tremendous rate of They both "joined"-not drafted--and served SEA MASTERY BOLSTERS WORLD RACE growth supplied by the communist system, their country and now are both back working In his letter, Rickover emphasized that the forgetting that for many years the productive for the same company their father works for. soviets are just as adept in research and de­ capacity of the Soviet Union actually de­ We are both still working-him at 69 and me velopment as is the United States, observing creased from pre-revolutionary days. The rate at 60. our boys have never given us one bit they have already proved this by progress in of economic growth in Russia from 1900-1917 of trouble. We stayed home with our boys space, in missiles, in aviation, in military was actually higher than for the period when they were growing up. Keep after this equipment, and in nuclear submarines. 1917-1967. R .O.T.C. matter. My father was born in Britain was the world's foremost power It ls alarming that in recent years the dia­ Batesville, Mississippi. when she ruled the waves. That leadership lectic technique has been used in the United Mrs. EVELYN MEEKS FLOYD. CXV--793-Part 9 12600 EXTENSIONS OF REMARKS May 14, 1969 WHERE ARE WE GOING IN TITLE III team teaching, individualized instruction, just one piece of a comprehensive whole in-service training for teachers, leadership whose main thrust is to help local school ESEA? development for administrators, pupil per­ systems improve themselves. Their collective sonnel services, curriculum development, goal is to give every child within the respon­ HON. EARL F. LANDGREBE consultant services, the collection and prep­ sibility of the federal government the best OF INDIANA aration of instructional media; and diagnosis, education possible whatever life he may prescription, and treatment of reading dif­ choose to lead. IN THE HOUSE OF REPRESENTATIVES ficulties. WABASH VALLEY EDUCATION CENTER Wednesday, May 14, 1969 A second major group of approved Indiana projects is aimed at expanding, developing An educational cooperative, it serves 200 Mr. LANDGREBE. Mr. Speaker, I and demonstrating new techniques in schools in twelve counties (twenty-nine cor­ would like to bring to the attention of specific subjects at specific grade levels or for porations), 4,000 teachers, 250 administrators, specific groups of pupils. This includes the 80,000 children. It is funded partly through my colleagues in the House some facts local funds, partly U.S. Office of Education and figures about title III of the Elemen­ planning and operation of an exemplary ele­ mentary school, creation of a mobile art cen­ Title III ESEA funds. tary and Secondary Education Act, ter and art gallery for children, and imple­ Local director: William Floyd. which provides for supplemental educa­ mentation and demonstration of vocational ORGANIZATIONAL BODms tion centers and services, and particu­ opportunities. The Governing Board, composed of the larly to acknowledge the program and superintendent of each school corporation; accomplishments of the Wabash Valley Number of the staff, the Curriculum Advisory, a group of title Ill Education Center, in West Lafayette, Ind. State projects Scope of areas teachers, counselors, and other administra­ As the costs of education are increas­ tors that studies selected aspects of Center ing at an enormous rate-about 10 per­ operations and makes recommendations to Ohio ______45 From transportation to creativity. the Governing Board. cent a year as opposed to the increase Illinois ____ 32 From language development of pre­ in our GNP which is about 5 percent or schoolers toEugene Wigner, deployment but its extensive and massive In the area of direct assistance to cities, of Princeton University, Nobel Prize plans and training in civil defense which ex­ as contrasted with resource development, winner and the. only, repeat, the only, tend do\Vn to -the lowest levels in the public TVA has established a municipal assistance school system and which are unknown in program called "Operation Townlift" which physicist to have been awarded the four highest honors a physicist can receive. this country. provides planning, technical assistance, pro­ Second, the assumption that the deploy­ gram coordination and other service to I recommend very strongly that my ment of a defensive system by the United smaller cities. Oliver Springs in Roane and · colleagues read· these views which relate States would serve as a provocation to the Anderson Counties has become the showcase to one of the most significant and critical Soviet Union is illogical to a dangerous de­ project under this program with TVA joining issues upon which we will be casting our gree and contrary to the official position of forces with other Federal, state and local votes this year. I include the column in the Russian government that defensive agencies to develop a general plan for com­ the RECORD at this point: measures do not accelerate the arms race. munity improvement. TVA will be priml:J.rily "One could almost claim," said Dr. Wigner, ABM "NONEXPERTS" SHOULD HEED PHYSICIST con.cerned with channel improvement and "that the absence of true defense is con­ flood control in the area. (By Richard Wilson) sidered provocative by the USSR. Doing Improvements planned include a new ma­ It is puzzling why Congress and the coun­ nothing in the face of the by-now alarming jor highway, expansion of sewer and water try listen to nuclear non-experts like Sen. · USSR military buildup would give the im­ systems, public housing and improvement Edward M. Kennedy and Hubert H. Hum­ pression that the leadership of the country and expansion of the business district, phrey on the ABM issue and pay no atten­ does not consider defense to be important." among others. tion to a very substantial body of expert We have become accustomed in this coun­ In the area of pollution, TVA is making opinion on the other side. try to think of ourselves as having nuclear preliminary studies in Roane County in an By all indicators the country is quite ex­ superiority over the Russians. This is industrial area between Rockwood and Har­ ercised on this issue, equating the ABM with thought of as our ultimate protection. All riman to determine the feasibility of curbing the Vietnam war as a disgraceful manifesta­ that has changed during the period since air and water pollution. tion of American militarism which is out­ Stalin's death when every American presi­ In the area of conservation, the Land Be­ raging world opinion and robbing the nation dent, dating back to 1953, has sought a new tween the Lakes project in West Tennessee of desired social gains. Therefore, it should era in Russian relations. The nuclear bal­ is the showcase. Here TVA literally brings the do no harm to know that there are very ance has shifted toward the Russian side classroom to the forest, with students work­ able men, equally as "involved" as Kennedy's during this period and now we are faced by ing directly from school notebooks and team of scientists, who firmly state views new and ominous conditions. materials in the Youth Stadium, Education exactly opposite and vigorously support de­ Farm, and related facilities. ployment Of the Safeguard system. TVA's mainline programs continue, of One of them is a Nobel prize winner and course, with the waterway system carrying the only physicist to have been awarded the A 66-YEAR-OLD LIVESTOCK ASSO­ more than 21 million tons of shipping an­ four highest honors a physicist can receive: CIATION PASSES RESOLUTIONS nually, the flood control program saving mil­ the Nobel prize for physics, the National lions annually in damages-$355 million in Medal of Science, the Fermi Award, and the savings to date-with hydroelectric power Atoms for Peace award. He is Prof. Eugene HON. JOHN M. ZWACH production expanding and TVA's tributary Wigner of Princeton University. OF MINNESOTA development program continues to bring Recently in ·washington Dr. Wigner en­ benefits to the area. gaged in a debate with Prof. Hans A. Bethe, IN THE HOUSE OF REPRESENTATIVES TVA's proposed appropriations budget for Nobel laureate of Cornell University, and Wednesday, May 14, 1969 next year of $55,750,000 was reduced by $6 Prof. George Rathjens, former director of million in the new Administration's budget the weapons system evaluation division, In­ Mr. ZWACH. Mr. Speaker, the oldest recommendations to the Congress. Efforts stitute for Defense Analysis, Massachusetts livestock association in Minnesota held will ·be made to restore some of these cuts. Institute of Technology, Dr. Donald Bren­ their annual meeting March 19, 1969, The overall TVA budget from all sources nan of the Hudson Institute also took part for next year is recommended at a level of in the symposium on the same side of the and passed a very sound set of resolu­ $709.7 million, including power proceeds. issue as Dr. Wigner. Dr. Wigner devoted part tions affecting agriculture and our na­ Dividends and repayment of the Federal in­ of his presentation to demolishing Dr. tional economy. The Minnesota Live­ vestment to the Treasury will total $68 mil­ Bethe's arguments as scientifically errone­ stock Breeders Association is composed lion which is $18 million more than Congress ous, which saddened him because of his re­ of cattlefeeders, dairymen, hog produc­ is requested to appropriate, attesting to the gard for Dr. Bethe. ers and feeders, and allied interests in 12604 EXTENSIONS OF REMARKS May 14, 1969 the marketing of livestock. A very close The monopolistic control and use by packers employers have sometimes complained relationship is maintained with this and chain stores of their own livestock is not that they were in effect being "whip­ in keeping With a program to preserve free group and the Institute of Ag1·iculture enterprise and seriously threatens to weaken, sawed" by the various unions-that no at the University of Minnesota. undermine, aoo destroy our pricemaking sooner had they acceded to a proposal I am including those resolutions deal­ mechanism. Therefore, we strongly urge, advanced by cne union than all the oth­ ing with Federal issues here so that we without reservation, the bi-partisan support ers would ask for the same benefit. may benefit from the thinking of these of the enactment in this session of Congress, In those years we heard complaints men on some of the vital issues affecting of a bill to a.mend the Packers and Stockyards from many employers that it was be­ agriculture: Act, 1921, to prohibit the feeding of livestock coming increasingly difficult to deter­ by meai; packers and chain stores. mine costs and liabilities; that fact in POLLUTION CONTROL turn made settlements more difficult of We fully recognize that the livestock and INTEREST RATES AND THE FARM CREDIT meat industry has a responsibility to control ADMINISTRATION achievement; and at its worst the un­ its pollutants, but we feel just as strongly We deplore the continued drift in interest certainty, bitterness and divisions pro­ that livestock breeders and feeders should rates on borrowed money to higher and high­ duced by this chain of events threat­ have a voioe in how this can best be done. er levels. This is one of the biggest increases ened to undermine the collective bar­ Impractical, -technically faulty, a.nd unwise in cost of production-further handicapping gaining process and destroy its effective­ regulations and directives might jeopardize farmers. Government policies need to be re­ ness as a method for reaching agreement the production of vitally needed food and viewed and reformed to prevent further rises on the terms and conditions of work. fiber, including the products of animal agri­ in interest rates. We recall that most farm It is no secret, I believe, that as a re­ culture. Therefore, to facilitate the control depressions for the past have been signaled of water, soil and air pollution, we strongly by a tightening of credit, advancing interest sult of this background of labor-man­ recommend that agriculture be granted rates, and a failure on the part of public agement relationships, a number of us proper representation on State and Federal officials to note these signals of danger who have a strong sense of concern for pollution control agencies, and that the issu­ promptly. We recognize, with appreciation, the American merchant marine felt a ance of regulations, directives, and restric­ the excellent service which the district and considerable degree of concern about tions be withheld until such time as sound, central banks for cooperatives have provided this year's contract negotiations. comprehensive research has been completed. to farmer-owned cooperatives. We appreciate Thus, I have been greatly heartened that the whole Farm Credit System and the by the fact that three of the leading MEAT, WOOL, AND DAmY PRODUCTS Farmers Home Administration have been of maritime unions have recognized the8e Imports of red meats and meat products great value in helping farmers. We urge the from foreign countries are increasing at an continued support by Congress of the pro­ dangers and have taken steps to unify alarming rate. Further, with the United gram of the Farmers Home Administration. and simplify the collective bargaining States in mind as a market, exporting coun­ We urge Congress to pass the Nelson Bill to process involving the subsidized ship op­ tries are "tooling up" to substantially in­ provide long-term, low-interest credit to erators this year. crease their production of meat and other young men starting farming. There is a des­ The National Marine Engineers' Bene­ livestock products. New ways are being found perate need to provide opportunity for able ficial Association; the American Radio to circumvent the few weak and ineffective young farmers. Association; and the National Maritime regulations cur.rently in existence to prevent excessive and damaging red meat imports. Union have proposed joint negotiations The 1964 Meat Import law is inadequate in CONSTRUCTIVE STEPS TOWARD with the employers. They have, in addi-: -that only fresh, frozen and chilled beef, veal, IMPROVED MARITIME COLLEC- tion, agreed that all three unions wm · mutton and goat, are included in the law. TIVE BARGAINING negotiate with the employers on the same Quotas Jncrease in direct proportion to the general set of proposals for pay and increase in our own domestic production of benefit improvements. Finally, and per­ these same meats. Quantities of these meats HON. LEONOR K. SULLIVAN haps most important, under the agree­ allowed to enter are far too liberal before OF llolISSOURI import restrictions are requireti. Further, ment suggested there are no open ends these quotas must be exceeded by 10 percent IN THE HOUSE OF REPRESENTATIVES for the duration of the contract. Under this proposal, there would be no possi­ before Presidential action would be triggered Wednesday, May 14, 1969 or import quotas imposed. Offshore purchases bility of ''leapfrogging" and no intermi­ of meats for the military are not included in Mrs. SULLIVAN. Mr. Speaker, collec­ nable escalation or whipsawing among the quota. Pork, lamb, canned, smoked and tive bargaining between unj.ons and em­ them. processed meats of all kinds are not included ployers has evolved as the standard proc­ At this early stage in the negotiations, in the present law. ess in ·the United States for determining I do not believe it would be appropriate Excessive imports of cheaply produced, the pay and conditions of work for wage foreign woolen textiles are liquidating and to comment on the substance of the destroying our only customer for domesti­ earners. It is the policy of the Federal unions' proposals or on the companies' cally pr0duced wool-the American textile Government to support and encourage counteroffers. The present agreements do industry. This situation represents another this process. All of us have a stake in the not terminate until June 15, and it would serlous threat to the survival of our United successful operation of the collective be best for the parties to seek the basis of States sheep industry, producer of wool, a bargaining process. settlement without the intrusion at this strategic commodity. As ranking member of the House Mer­ time of the Government. Dairymen of America are faced with the chant Marine and Fisheries Committee, I do feel, however, that the proposal same serious threat to their prosperity be­ I have been particularly conversant with by the three unions---the MEBA. the cause of potential foreign imports of dairy products, should temporary restrictions be collective bargaining in our country's ARA, and he NMU-is a welcome display modified, evaded, or abandoned. vitally important maritime industry. of wisdom and concern. It offers, indeed, We urge livestock producers and feeders The men and women of the merchant the one great hope for a speedy settle­ to contact their Representatives in Congress marine have derived very substantial ment between the parties. It offers the and ask that they recognize the requests benefits from the give-and-take of labor­ employees the promise of fair improv~­ of farmers, ranchers, and farm organizations, management negotiations. It has been ments in their conditions, and it offern and present a united front and an intensified recognized for many years, however, the employers a measurable limit to their effort to enact legislation that will provide that the complexity of that industry­ increased :financial obligations. These more adequate protection from excessive importations that pose a serious threat, not involving such factors as Government elements provide a basis, it seems to me, only to the livestock industry, but to our interest and subsidies, corporate struc­ for effective collective bargaining. en tire economy. tures, and a multiplicity of unions--has I hope the parties can proceed from led to frequent criticism of the collective this point in such a manner that this PACKER FEEDING OF LIVESTOCK bargaining process in the maritime in­ Nation and the maritime industry Will Packer feeding o! cattle and lambs is defi­ dustry. not be tragically strangled by a walkout nitely on the increase. This rapidly develop­ The situation is complicated by the next month. ing form of "backward" integration poses a fact that, on the Atlantic coast for ex­ I have great faith in the good will and serious and dangerous threat to livestock pro­ ample, the majority of people employed the sense of responsibility of men on both ducers and feeders. Packer feeding represents on shipping lines subsidized by the Fed­ the management and labor sides of the a transfer of proprietorship of livestock feed­ eral Government belong to four princi­ table. ing -out of agriculture. Further, recent gov­ ernment studies indicated that packers can pal unions. In the past, differences Opportunity does not present itself use livestock out of their own feed lots to among these unions concerning their col­ every day. It is essential that when op­ suppress competition in our price-determin­ lective bargaining objectives have com­ portunity knocks, the door be promptly ing markets and to depress livestock prices. plicated the negotiating process. Indeed, opened. May 14, 1969 EXTENSIONS OF REMARKS 12605 THE INNOCENTS Sen. William Fulbright, once a paragon to This he managed to do by offering Mr. students because of his opposition to the Salerno another position in the American war, is now busy denying that he favors uni­ League after his dismissal. The new posi­ HON. RICHARD BOLLING lateral disarmament, a position unaccept­ tion called for Mr. Salerno to scout the OF MISSOURI able to the pure in heart. Sen. Eugene Mc­ Carthy, once a pied piper, now says he has minor leagues and to evaluate the um­ IN THE HOUSE OF REPRESENTATIVES never favored premature withdrawal from pires working in those leagues. Presum­ Wednesday, May 14, 1969 Vietnam, which in some quarters is almost ably the incompetent Mr. Salerno would treasonable desertion of the true faith. recommend certain men and they would Mr. BOLLING. Mr. Speaker, Kenneth Prof. George Wald of Harvard, a Nobel Prize then be promoted to the major leagues. Crawford, whom I regard as one of the winner in Medicine, is the latest craze not In essence Mr. Cronin has doubted his most sensible, level-headed correspond­ only of students but of certain publications, earlier evaluation and is now supporting ents in Washington, discussed the mo­ congressmen and worried citizens. His thesis Salerno and Valentine against Mr. tivation of students in their seizures and is that students are justifiably upset because Cronin. This appears rather ludicrous but sackings of college buildings. His column they see no future for themselves in a world of nuclear terror and overpopulation. Get apparently this is what has happened. appeared in the May 19, 1969, issue of rid of nuclear weapons, abolish the draft, If the charge of incompetence lacks Newsweek. Mr. Crawford's remarks pro­ pull out of Vietnam and the students will substance why then did Mr. Cronin dis­ vide a useful insight and understanding happily return to their books, he says. All miss two experienced umpires for no ap­ of the problem. The column follows: war is criminal. How do we get out of Viet­ parent reason? The answer to that came THE INNOCENTS nam? By leaving-in ships. to light when it was revealed that Salerno (By Kenneth Crawford) Everything Wald says about the world pre­ and Valentine were actively attempting diC'amen tis a kind of truth-the uncompli­ The innocent, endearing kid who piped cated, unhypocritical truth as innocents and to organize their fellow American League that the emperor wore no clothes probably children see· it. But it is cruel truth. With­ umpires into a union similar to the one spent much of his childhood pulling the drawal from Vietnam in ships, no questions that has existed for the benefit of Na­ wings off flies. That is the way of endearing asked, would leave South Vietnam at the tional League umpires since 1963. innocents. They speak the truth without re­ mercy of the same Ho Chi Minh who exe­ Of course, one may ask, is the goal of gard for consequences, indeed without know­ cuted some 50,000 of his fellow countrymen ing what consequences are likely to flow from collective bargaining for higher salaries and sent another 100,000 into forced labor and better fringe benefits so radical as their honesty. Even if they knew, they because he considered them politically unre­ wouldn't care. Childish innocence is cruel, liable when he took control of North Viet­ to warrant immediate dismissal? Does heedless and free of the hypocrisies in which nam. Not to have cominitted the crime of war such activity constitute anarchy? Are adults indulge to make life endurable and a quarter century ago would have left Eu­ Salerno and Valentine to be confused societies viable. rope at the mercy of Hitler. To forswear nu­ with Sacco and Vanzetti? Obviously the These attributes of childhood account in clear weapons now would be to open the answer to all these questions is, "No." Yet some degree for the campus disturbances world to Soviet leaders who seem to be re­ Mr. Cronin reacted as if the answer to now so much in the headlines. Ability to verting to Stalinism. These are also truths­ grow a beard is not necessarily proof of ma­ those questions was, "Yes." I am certain the truths hypocritical, responsible, unchild­ that had he put the matter aside until turity. Neither, it develops, is ability to hold like officials have to see. down a teaching job in an institution of season's end his reaction would have higher learning. There seems to be some­ been reasonable. However, he did not and thing in today's academic atmosphere that we now have a situation where, on one retards the normal process of maturation in OLSEN URGES REINSTATEMENT hand, baseball stands adamantly by Mr. some adults as well as in many youths. The to miseries of childhood and youth command OF . UMPIRES SALERNO AND Cronin in his refusal reinstate the sympathy, as everybody knows, because VALENTINE two umpires and, on the other hand, a everybody has experienced them, but there concerned Congress is discussing plans must be some limit to tolerance. to investigate baseball's exemption from BLOCK PARTY HON. ARNOLD OLSEN the Antitrust Act. It is now accepted that the war in Viet­ OF MONTANA Congress is always reluctant to inter­ nam, the draft, the disorientation of black IN THE HOUSE OF REPRESENTATIVES fere with the baseball operation. It is students, the nuclear menace and the un­ the sentiment of Congress generally that satisfactory state of U.S. society are to blame Wednesday, May 14, 1969 baseball should run its own shop arid for violence on the campuses. But whether Mr. OLSEN. Mr. Speaker, due largely police its own activities. It is only when these are more reasons than excuses is ques­ to the efforts of our distinguished col­ baseball completely disregards the rights tionable. The nation is no stranger to trou­ league, the gentleman from New York of its members, such as has happened in bles comparable with those it is now having. this instance, that Congress concerns it­ The Depression was more traumatic. Yet (Mr. PIRNIE) the attention of Congress students in other times have managed to has been focused recently on the archaic self with the activities of baseball. The kick up their heels in the spring without labor practices followed by the President revocation of its exemption from the recourse to the torch. What is different now of the American League, Joe Cronin. Last Antitrust Act is not being held over base­ may be more what is inside the students, September Mr. Cronin summarily dis­ ball as if it were a weapon to force base­ put there by prosperity and lack of discipline, missed Umpires Al Salerno and Bill ball to do the will of Congress. Rather it than by what is outside them in the environ­ Valentine, allegedly for incompetence. is a reminder to baseball that it enjoys ment. That and the preoccupation of the However, by charging incompetence, Mr. a special status in this country, and pervasive communications industry with the should it persist in riding roughshod over cult of youth. Cronin has created a credibility gap that The variety of professed reasons for sit­ most of us are unable to bridge, try as the rights of others it could find that ins, riots and all the rest suggests that we may. Why, if the two umpires are in­ special status gone up in smoke. almost any excuse is enough. At Wisconsin competent, did it take the American I urge Commissioner Kuhn and Ameri­ an exuberant block party in violation of a League so long to discover the fact? It can League President Cronin to recon­ local ordinance brought the cops and cre­ took the league 7 years in Mr. Salerno's sider their present stands and take the ated a case against police repression. At Dart­ case and 6 years in Mr. Valentine's. Why, necessary steps to reinstate Umpires mouth and Harvard opposition to the ROTC Salerno and Valentine. was a more respectable cause because it if these men are so incompetent, has no could be related to Vietnam. At Cornell and one else echoed Mr. Cronin's claim? As a several other universities demands for black matter of fact the opposite has happened. CONGRESSMAN JACK EDWARDS studies and a measure of black autonomy Fellow umpires, players, and managers were even more plausible, given the blacks' have all rallied to the defense of the TELLS IT LIKE IT IS ON CAMPUS problem of adjustment, but they scarcely banished umpires with statements attest­ excused the armed mobilization. In Indiana, ing to their skills. While baseball official­ increased tuition became a crass, nonideo­ HON. WILLIAM L. DICKINSON logical justification for outrage. dom is sheepishly backing Mr. Cronin in OF ALABAMA this affair, no one seems to be parroting IN THE HOUSE OF REPRESENTATIVES ORIGINAL HEROES his charge of incompetence. The com­ Gradually, Students for a Democratic So­ missioner's office is staying out of it, re­ Wednesday, May 14, 1969 ciety, the revolutionary organization that pioneered campus uprisings at Berkeley and sorting to the old favorite reply that it is Mr. DICKINSON. Mr. Speaker, many Columbia, seems to be losing influence. a "league matter." of our colleagues, along with commenta­ Moderates have become impatient with its Perhaps the one action most damning tors in the news media, and others, have nihilism and its tactics. Like all revolutions, to Mr. Cronin's allegation was with­ made remarks recently on the current this one is consuming its original heroes. drawing his own support from himself. wave of disorder on the college campus. 12606 EXTENSIONS OF REMARKS May 14, 1969 But none, in my opinion, have reached mentary on unemployment in the large cities. can be satisfied with our educational system the effectiveness of an address made this The ills of the world have been interpreted as it is. It can always be improved. This is es­ in honeytoned voices which, in some cases, specially the case at the larger colleges week by Congressman JACK EDWARDS at have become more familiar than those of and universities where the administ rators are Mobile, Ala. your parents. Who can say on what basis often unreachable, the grade system is mech­ His address to the Spring Hill College these interpretations are prepared. anized, classes are far too large, and the con­ commencement on May 12 is so out­ Scientific advancement has been awesome­ tent of some courses is entirely unrelated standing that I hope it will be seen and ly fast in the past 15 years, far faster than to t he needs of the students. read by many of our colleagues as well anyone's moral judgment can match. But we should never lose sight of the fact Broadcast and printed advertisements have that our system of higher education must be as others. promised instant solutions for all kinds of doing somet hing right, or we would not find The address follows: maladies, both real and imagined. our economic, scientific, indust rial, and, yes, ADDRESS BY CONGRESSMAN JACK EDWARDS TO Furthermore, Government has been guilty our cultural achievements at the highest SPRING HILL COLLEGE COMMENCEMENT, of engaging irresponsibly in promising easy level of attainment they have ever reached. MOBILE, ALA., MAY 12, 1969 solutions to immense problems. Total reli­ Our universities and colleges must be do­ ance on Government has been encouraged ing something right or U.S. higher education, Graduating seniors, students of Spring Hill while individual and family reliance has College, Father Rimes, members of the in terms of its overall quality, and avail­ been discouraged. ability, would not be the immense envy of al­ faculty, parents, ladies and gentlemen; I ap­ We are in the midst of an unpopular war preciate very much the opportunity to be most every nation of the world today. which has been badly handled and poorly To suggest that dissent has been stifled on here with you today to participate in your explained. commencement exercise. To be able to share college campuses in this country is absolute Permissiveness has been the order of the tommyrot. There is no place at any time in this great day with you gives me a real day across the land. thrill, because I 've been down this old world history where opportunities for stu­ And into this atmosphere rushes the stu­ dent expression of opinion have been greater road before. I know that this day didn't just dent of today, morally sensitive, impatient, happen; that it is the result of a lot of blood, than on the American campus today. sophisticated, and filled with the feeling The militants, black and white alike, are sweat and tears on the part of 202 wonderful that the world is such a mess that about any young people. I also know that it has been a as phony as they can be when they use the course of action he devises would have to shibboleth of "dissent" as a tool with which lot of fun. provide improvement. Well, we do have some­ to organize student mob action. Over the last 4 ¥2 years, I have had several thing of a mess and the student should be They do not want improvement of the opportunities to visit on campus and ex­ encouraged to consider and put forward posi­ educational system, they clearly want its change views with many of you. The trut? of tive, constructive ideas. But I am firmly destruction. the matter is that I have probably gamed convinced that your ideas today are far su­ They do not want reform, but closing of more from these visits than you have. But perior to those that you thought were so the classrooms. this two-way communication is very neces­ important four years ago when you entered They don't even want dissent if by that sary if our colleges are going to adequately this fine institution. Four years of maturity, is meant dissent from their own views. serve the local community as well as the study, contemplation, and patience during The right to dissent does not include the nation. the learning process at Spring Hill College right to destroy property or to prevent by This is the kin"d of two-way communica­ stand you in good stead now when perspec­ obstruction, noise, or physical violence, the tion in which Spring Hill excels-drawing to­ tive is so important. vast majority of the students from going gether representatives of business, industry, But with some, their impatience exceeds about their business of getting an education. education and government for support and and distorts their perspective. They seek Students do not lose their rights as in­ a genuine free exchange of ideas. There is a instant answers, prompt assurances, and dividuals when they enter a college or uni­ direct link with relevancy involved in this they cannot understand why change is not versity, but neither do they shed their ob­ communication, and the College should be immediate. ligation to obey the law. commended for it. Industry and government THE SERIOUS STUDENTS leaders should be proud of it, and students Concerned students must come to draw should be thankful for it. The end result of The majority of today's students are aware, the distinction between constructive im­ this relationship, in my opinion, is a more morally sensitive, intelligent people who re­ provement and destructive emotionalism; be­ balanced perspective on the part of the stu­ tain their perspective. What they want is tween those who really want an education dent--a tempering of idealism with realism, simply to pursue their education. and those who seek to manipulate others as a weapon for bringing down the social, edu­ a matching of what ought to be with what These serious students, white and black is-and a solid base of preparation for the alike, probably do not give full approval to cational and cultural fabric of the Nation. old world out there. their college administration in most cases, The very survival of our educational sys­ tem is at stake. And it is about this time in the speech anymore than I did when I was in college. that a commencement speaker is supposed to But they are responsible, energetic, capable, But while students are attempting to sift tell graduating seniors about going out into and most important, they understand that through the right and wrong of all that is the world. an education will provide them with im­ transpiring on the campuses, I perceive a Bob Hope did this one time. He said, "The mense opportunity. very solemn duty on the part of the college world is too full of trouble. Don't go." They sense, and rightly so, I think, that administrators and faculty members to as­ sure that their education is not interrupted. Of course, Bob Hope was kidding. Graduat­ while nobody owes them a living, their op­ ing from college does not automatically put portunities for an education are very val­ Dissent and protest are as American as you in another world. You have already gone uable, and that with an education their apple pie. But when student action goes out into the world in many respects. The prospects for pleasant and productive lives beyond this and infringes on the rights of world you already know is not so much differ­ are virtually unlimited. They want change on others, then college administrators should, ent from the world you are going to find to­ the can1pus to be constructive, not de­ in my view, be quick to eject from the morrow. You are going to have some success structive. campus those individuals who show such ut­ and some failure just as you already have ex­ It is unthinkable that these serious stu­ ter contempt for their fellow students. Some perienced in college. The whole idea from this dents would not be accorded the full right to have done this, but others have panicked. point onward is to take advantage of your pursue their education free of disruption en­ It is time they bow up their collective backs college experience, and to build on the knowl­ gineered by radical malcontents. and support the great majority of students edge which you have acquired. To say that a handful of students can instead of yielding to the force of a few rightfully close down a college or university radicals. Each one of us, every day, is exposed to when the majority wishes to learn, and to do literally millions of impressions-impressions CLEARING THE AIR of sight, sound, smell, touch, and taste; all this under the camouflage of social justice, is blatant hypocrisy. It seems evident that what we need on of which have a direct effect on our perspec­ the college campus today is a clearing of tive of a rapidly changing world. THE COLLEGES the air. It is time students, faculty, admin­ Change comes so fast that today's col­ Now what about the colleges? Do they need istrators and parents understand that those lege age people have grown up in circum­ improvement? Well, of course they do. Many students who rifle files in the Dean's office, stances far different from any other before of them provide only very impersonal, com­ or carry rifles in the President's office, are them. puterized contact between the student and not the least bit interested in the future Have you ever thought about the fact that the college administration. of the college. Those who seize the admin­ you are the first generation weaned on tele­ I know at least one university where each istration building or prevent others from vision? You have experienced in your living student's primary identification is his Social attending classes could care less about the room an incredibly broad range of events, Security number, for example. free pursuit of knowledge. from orbiting the moon, to heart transplants, And it may be that in the social sciences, These organizers claim to champion the from monstrous science-fiction violence to education and humanities, there are tenden­ cause of free expression, non-conformity, and deadly combat in Asian jungles, all in living cies to drift away from the kind of study participatory democracy, but they really are color. material today's student s would consider working to produce anarchy which would be Problems of the world have been neatly most useful. followed by the tightest authoritarian gov­ packaged for you in 5 or 15-minute wrap-ups There is probably a core of legitimacy to ernment. They understand this. The internal just before such things as special reports on many of the major complaints he.a.rd on the fight that is going on this very day within starvation in Biafra, or just after a docu- campus today. I could never argue that we SDS is whether they will follow Chinese or May 14, 1969 EXTENSIONS OF REMARKS 12607 Russian oriented leaders. The end result today, and today's solutions have little rele­ Nation to support the Nixon administra­ would be suppression of freedom, rtgid con­ vance to the next generation. tion's obvious attempt to develop a co­ formity and a police state. Is this what the And so I pray that you and your generation average' student wants? I don't believe it! I l will have the wisdom, the compassion, the ordinated prog1iam for peace in Vietnam, An important key to the behavior of these foresight, and the ability to wrestle with and a program which seeks to sort out and people is that they indulge themse~ves in perhaps even conquer at least some of these effectively execute the steps, both politi­ the easy act of negativism, centering on problems. cal and military, needed to resolve the criticism of what exists, but they have no If you are successful, you will surely have conflict in a manner which promises fu­ real answers other than the old cliches. your place in history. ture stability in Southeast Asia and They say they need to be afforded a greater I wish you Godspeed. serves those limited national interests measure or responsibility in their own lives and a louder voice in the administration of which originally lead to our involvement. colleges, but one of their first demand~ is to FEDERAL SALARIES This effort is the :first priority of the ad­ be granted the assurance t~at ~hey will not ministration. It should be and must be be held responsible for their disorderly ac­ for the ramifications of the Vietnam war tivity. This is absurd! HON. DONALD G. BROTZMAN extend into nearly all .areas of our for­ They talk first about the need for open dis­ OF COLORADO eign and domestic policy. cussion of their grievances, but end up by IN THE HOUSE OF REPRESENTATIVES presenting demands they say are "non­ Surely, we all recognize tha~ patience negotiable." Wednesday, May 14, 1969 is required of responsible Americans dur­ ing this period of formulating and imple­ rt is rather clear that these organizers are Mr. BROTZMAN. Mr. Speaker, dur­ not really opposed to power and the estab­ menting new directions toward peace. lishment. On the contrary, they simply want ing the 90th Congress a bill came to the Time is required to undo and correct to be the establishment and to have the floor which proposed what seemed to be those mistakes of the past which con­ power themselves. an orderly and businesslike method for tributed so greatly to the present dilem­ They are not libertarian, but authoritar­ appraising and adjusting the salaries ma. The Nixon team has had but 4 ian. within the three branches of the Federal They do not want free individuals, but in­ months to begin reversal of the policies Government. which failed the cause of peace during dividuals subserviant to them. These adjustments were, in many cases, They do not want free inquiry, but rather the past 8 years. Yet, indications are that a closing off of debate and discussion, en­ long overdue, and under the plan a Com­ the reversal is underway, the hopeful forced by their own decree and their own mission on Executive, Legislative, and sign that we have all awaited. power. Judicial Salaries would be set up to rec­ Certainly, the quickie solutions to the Well, a wave of public revulsion is sweep­ ommend specific adjustments. However, ing this nation. The people are fed up; par­ the way the bill was drafted the recom­ war proposed by some would not serve ents are freightened; serious students are mendations would be automatically the long range interests of the United concerned; the extreme action of the cam.pus adopted unless specifically rescinded by States. Easy answers have no place in a radicals is breeding extreme reaction, and frustrating situation which is a fact, not the colleges and universities of this great Congress. . a theoretical problem to be bantied about nation will be the worse for it. The end re­ This legislation was adopted, and m in a manner befitting preparation of a sult could be the loss of academic freedom due course the Commission recommended high school debating society topic. Opin­ altogether. Great demands are now being very large increases for members of the heard for the federal government to move in Cabinet, Supreme Court Justices and ions of every citizen should be welcomed and throw its weight around. This may yet other judges, and Congressmen and Sen­ in the quest for peace, but the final set­ be necessary, but it is not the answer. ators. tlement will require the hard choices It is time for the passive majority of stu­ which can only be made by those who can dents to assert itself, to speak up and say, Despite the fact there was substantial objection from many Members of this determine the options available after "We have come to school for an education." taking command of all of the facts and It is also time for the professors so say, body-myself included-on the grounds after recognizing all the future meaning .. We have come here to teach, and we will not the increases were excessive, legislation be bullied, harassed or threatened." necessary to stop the raises never got out their course of action will have for And yes, it is time for the administrators of committee. Amertcan world leadership. to wake up to the fa.ct that education must Today, Mr. Speaker, I am introducing The fundamental consideration in the be relevant; it must satisfy inquiring minds; a bill which would abolish this Commis­ settlement of any war is human life, and it m·.ISt come into the 20th Century with an this is particularly true in the case of the eye to the 21st. And above all educa.tiona.l sion. I do not do this out of any sense of standards must not be compromised. personal pique with members of the Vietnam conflict. We are most concerned And it ls also time for campus administra­ Commission. I believe they made recom­ with the lives of Amertcan soldiers and tors to remember that lawlessness is lawless­ mendations which they honestly believed therefore pray that involvement of our ness, wherever they find it-on a downtown were reasonable. young men in the :fighting can be ended street or on a college campus-and that it The fault, in my opinion, lies with the at the earliest possible date. I am con­ cannot be tolerated. fident that we are now acting upon, not If the campus turmoil is a real problem, fact that the Commission should have been given advisory powers only. Their merely talking about, creating a condi­ and it is, it ls in many ways indicative of the tion condudve to beginning a withdrawal problems and turmoil that have beset our recommendations should have been sub­ great nation and world. And in the final anal­ ject to a direct vote by Congress. In prac­ of substantial numbers of U.S. military ysis the question before the House is whether tice the mechanisms which we set in personnel from Vietnam. We .are in the you are ready to become a part of the solu­ motion in the 90th Congress have been process of correcting the great mistake tion to these problems. unfortunate. of the past which Americanized the war Well, I know this institution from which The Commission still exists and will, to the extent of disregarding South Viet­ you are graduating. You have dedicated pro­ in 4 years, conduct another study of Fed­ namese self-reliance as an uppermost fessors. Father Rimes and his staff are able consideration. administrators, and you have applied your­ eral salaries. Thus, it is important that selves to the task or you wouldn't be sitting we set aside the legislation now. But, within the moral arguments re­ here. It is my feeling that a fact:finding garding Vietnam which we hear so much So now you go into a world where your commission may, indeed, be a useful tool of today, the lives of thousands of Asians challenge is great. But your opportunity for for future adjustment of Federal salaries. cannot be totally ignored. The outcome good is even greater. It won't be long before But we should make certain that its of the application of a "quickie" solution the torch of leadership of this nation ls powers are r.ot tantamount to those of a to the war such as a complete, unilateral, passed into your hands. It will be your re­ nonreciprocated withdrawal of Ameri­ sponsibility to act wisely, to protect the right lawmaking body. of dissent, to find the elusive key to pee.ce, can troops would leave thousands of to provide for quality education, to guarantee South Vietnamese citizens without the equal opportunity and freedom for all, to THE SEARCH FOR PEACE kind of protection from Communist ter­ cure the ills of this country and the world. rorism which we have helped encourage These are issues which very properly con­ HON. EDWIN D. ESHLEMAN them to expect. The South Vietnamese cern all college students. But you must un­ OF PENNSYLVANIA Government today is not prepared to derstand that generations down through the assume the entire burden of protecting ages have had the same or similar concerns. IN THE HOUSE OF REPRESENTATIVES all of its citizens, particularly without Much progress has been made, but history Wednesday, May 14, 1969 marches on and what is progress today is an assured withdrawal of North Viet­ the antique of tomorrow. Change comes so Mr. ESHLEMAN. Mr. Speaker, I think namese forces from the South. Yet, the rapidly that yesterday's ideas are out of date it is mandatory for the Congress and the Communist terrorists have shown them- 12608 EXTENSIONS OF REMARKS May 14, 1969 selves to be perfectly capable and quite sion is that remarkable progress can be on responsibility in the use of tactics avail­ willing to carry out mass slaughter of shown within the year if the Nation able to the Senate in its evaluation process. innocent persons. Perhaps some are will­ stands behind the Nixon administration's In soliciting an expression of their reflec­ tions here, we asked the Michigan Senators ing to write off the possibility of such fervent search for peace. to focus the thinking of the legal profession senseless murders as a purely internal on means of clarifying the Senate's role of Vietnamese problem, but I believe that advice and consent. Their articles are in­ such an occurrence as the finale of a tended to generate thoughtful consideration struggle which has cost so many Ameri­ THE FORTAS CONTROVERSY: THE rather than provide a completely researched can lives would have intense reverbera­ SENATE'S ROLE OF ADVICE AND and documented solution to the problem. We tions throughout the United States. CONSENT TO JUDICIAL NOMINA­ believe they serve this purpose well, and we Since the critics of President Nixon's TIONS express our deep appreciation to both men. attempts to find an honorable settle­ THE BROAD ROLE ment in Vietnam have been so profuse HON. JAMES HARVEY (By Hon. ROBERT P. GRIFFIN) * with their conjectures, let me conjecture OF MICHIGAN Alexis de Tocqueville, Democracy in a little on the meaning that I believe a IN THE HOUSE OF REPRESENTATIVES America: failure to disengage honorably from this "The President, who exercises a limited war might hold for the United States. Wednesday, May 14, 1969 power, may err without causing great mis­ Mass murder by Communist intimida­ Mr. HARVEY. Mr. Speaker, the April chief in the State. Congress may decide amiss tors throughout South Vietnam following without destroying the Union, because the a precipitous U.S. pullout likely would 1969, issue of Prospectus: A Journal of electoral body in which Congress originates receive the same extensive press cover­ Law Reform, includes articles by Michi­ may cause it to retract its decision by chang­ age which has helped make the war itself gan's two distinguished Senators, PHILIP ing its members. But if the Supreme Court A. HART and ROBERT P. GRIFFIN. is ever composed of imprudent men or bad so difficult to accept for many Americans. Prospectus is a relatively new student citizens, the Union may be plunged into Such coverage could prove so revolting law journal published by the University anarchy or civil war.'' to the majo1ity of our citizens that new of Michigan Law School. Needless to say, The debate in the United States Senate political pressures could result. The ob­ the publication of these thoughtful and over the nomination of Mr. Justice Abe servance of the obvious failure of our Fortas to the highest judicial post in our Nation to follow through on its commit­ timely articles is a fine tribute to the country culminated in a motion of cloture ment and the knowledge that tens of editorial excellence of Prospectus. on October 1, 1968. This motion was in­ Mr. Speaker, I ask unanimous consent tended to deny those opposed to Senate con­ thousands of American lives had been that these articles on "The Fortas Con­ firmation an opportunity to continue dis­ lost for no purpose would surely affect troversy: The Senate's Role of Advice cussion. The controversy surrounding the future policy choices. Foreign affairs and Consent to Judicial Nominations" cloture motion and in a broader sense sur­ could be reduced to a matter of satisfy­ be printed at this point in the RECORD: rounding the entire debate centers on one ing intense mass emotionalism. Public question: what is the duty of the Senate to pressure could demand involvement and THE FORTAS CONTROVERSY: THI:: SENATE'S "advise and consent" to nominations by the ROLE OF ADVICE AND CONSENT TO JUDICIAL President for judges of the Supreme Court follow through on every brushfire con­ NOMINATIONS flict. And I think it is reasonable to as­ under the U.S. Constitution, article II, sec­ sume that this type of conflict would THE BROAD ROLE , BY HON. ROBERT P. GRIFFIN tion 2? The Senate answered this question THE DISCRIMINATING ROLE, BY HON. PHILIP A. by refusing to shut off debate and simply become widespread if the revolutionaries HART rubber-stamp the President's nominee. Sig­ of the world observed an American capit­ " ... and [the President] shall nominate, nificantly, a majority of those voting, and ulation in Vietnam. In other words, those on record but not voting, supported and by and with the Advice and Consent of 1 public opinion might push us toward the the Senate, shall appoint ... Judges of the further debate. Therefore, the Senate re­ undesirable and seemingly impractical Supreme Court. . .." affirmed the broad and purposive obligation position of attempting policing duties United States Constitution, art. II, sec. 2: to scrutinize not only the qualifications but In June 1968, President Lyndon Johnson also the quality of nominees to the high around the globe. While I am sure that court: an obligation which precedent and nominated Mr. Justice Abe Forta~ to be Chief many would disagree that this sequence the very structure of our government have of events is within the realm of proba­ Justice of the Supreme Court of the United States and Federal Circuit Judge Homer entrusted to that chamber. The course of bility, it is interesting that we have not Thornberry of the Court of Appeals for the the actual debate, which lasted only four given much thought to this kind of pos­ Fifth Circuit to fill Forta.s' position as Asso­ days prior to the cloture vote, indicates that sibility when talking in terms of mere ciate Justice. On October 1, 1968, after four the proponents of this broad and purposive conjecture. days of debate, the United States Senate interpretation of the Senate's duty pursued Prolonged involvement of U.S. forces voted not to invoke cloture, thereby effec­ the central question honestly and diligently in Vietnam is not a viable course of ac­ tively refusing to confirm the nominations. without the dilatory irrelevancies of a "fili­ The controversy over the nominations, which buster.'' The same concerns which I had ex­ tion for the future nor is precipitous developed during the summer months, in­ pressed at the time incumbent Chief Jus- pullout of our military personnel. A volved disparate elements ranging from the reasoned program for peace must balance circumstances surrounding the resignation *United States Senator from Michigan. The our disengagement from the conflict of incumbent Chief Justice Earl Warren to source material for this article is drawn pri­ with a host of humanitarian considera­ the tenor of recent Court decisions on a wide marily from Hearings on the Nomination of tions and political realities. The hints variety of subjects. Abe Fortas, of Tennessee, to be Chief Justice of progress toward peace to date indi­ Central to the final outcome was this ques­ of the United States, and the Nomination of cate that the Nixon administration is tion: wh-at is the nature and extent of the Homer Thornberry, of Texas, to be Associate constitutional role of the Senate to advise Justice of the Supreme Coitrt of the United in the process of developing just such and consent to judicial nominations of the States, Before the Senate Comm. on the a program. If real progress is to follow President? The Senators from the State of Judiciary, 90th Cong., 2d Sess., pts. 1 & 2 the first glimmers of hope, the national Michigan, Philip A. Hart and Robert P. Grif­ (1968) and from several speeches given by interest will not be served by those who fin, reached different conclusions on what Sen. Griffin and reprinted in the Congressi on­ frustrate policy options by holding forth should be required of the Senate and what al Record: 114 CONG. REC. E5977 (daily ed. false hopes to opposition belligerents at the Senate should require of a nominee. Each June 28, 1968); Id. at 88504, (daily ed. July the bargaining table in Paris. A display became a respected representative of his po­ 11, 1968); The Fortas-Thornberry Issue, an sition in this controversy. address to the National Press Club, Washing­ of public patience will be helpful in Senat or Griffin challenges the Senate role ton, D.C., July 30, 1968, reprinted in 114 producing an early, honm:able settle­ which characterized the immediate pre­ CONG . REC. S9848 (daily ed. July 31, 1968); ment to the war. Correcting past mis­ Fortas years by propounding a relatively Id. at 810717 (daily ed. Sept. 13, 1968); Id at takes to assure future advances on the simple, broad rule that the Senate must al­ Sl1012 (daily ed. Sept. 18, 1968); Id. at peace front requires time. Given the ways go beyond the qualifications to examine 811337 (daily ed. Sept. 25, 1968); Id. at present indications that we are at last the quality of the nominee. Senator Hart Sll684 (daily ed. Oct. 1, 1968); Id. at 811856 moving toward a point when our soldiers suggests that many questions relating both (daily ed. Oct. 2, 1968). can be brought home from Vietnam hav­ to the standards that govern nominee qual­ 1 The recorded vote was forty-five for clo­ ifications and to those that govern the eval­ ture and forty-three against. Adding the re­ ing insured self-determination for the ulation process remain unanswered. There­ corded preferences. of Senators not voting, South Vietnamese people, I believe we fore, the Senator suggests that the Senate's the outcome would be forty-seven for cloture should be willing to grant the time and role should be discriminating, which implies and forty-eight against, with five absent sen­ patience necessary to make that point some selectivity in going beyond the quali­ ators not indicating a preference. 114 CoNG. the earliest possible date. My impres- fications of a nominee and expressly insists REC. Sll856 (daily ed. Oct. 2, 1968). May 14, 1969 EXTENSIONS OF REMARKS 12609 tlce Earl Warren indicated his desire to re­ have been a disservice to the nation and in-and not so numerous as to be governed sign in June of 1968, were raised and weighed would have constituted an abdication of the by the motives of the other branch; as being in the September debate: "advice and consent" power of the Senate. sufficiently stable and independent to follow "If an appropriate balance is to be main­ To assure the independence of the judiciary clear, deliberate judgments." tained among the branches of our govern­ as a separate and coordinate branch, then, it At one point during the convention, after ment, there are times in the course of history is important to recognize that this power of considerable debate and delay, the Commit­ when the United States Senate must draw a the Senate with respect to the judiciary is tee on Detail reported a draft which provided line and stand up. not only real, but it is at least as important for the appointment of judges of the Su­ "I am convinced that this is such a time. as the power of the President to nominate. preme Court by the Senate. Gouverneur "Positions on the Supreme Court of the No one denies the constitutional power of Morris and others would not agree, and the United States cannot be regarded as ordinary the President to make an appointment to matter was put aside. It was not finally re­ political plums. Such deviations as may have the Supreme Court, technically even at a solved until the next to last day of the Con­ been condoned in the past cannot serve as a time when he is only a few months from leav­ stitutional Convention. The compromise guide for the present or the future. ing office. But, of course, that is not the point. language agreed upon provides that the "The importance of the Supreme Court as Some have not understood, or will not recog­ President "shall nominate, and by and with an institution cannot be over-emphasized. nize, that under our Constitution the power the advice and consent of the Senate, shall Its decisions reach out and touch the lives of any President to nominate constitutes appoint judges of the Supreme Court and all of every American every day. only one-half of the appointing process. The other officers of the United States." Clearly, "It was the intention of our founding fath­ other half of the appointing process lies the compromise language neither confers ers that an appointment to the Supreme the solemn obligation to determine whether upon the President an unlimited power to Court should represent the pinnacle of within the jurisdiction of the Senate, which appoint within the executive branch nor achievement and recognition in the field of has not only the constitutional power but confers upon the Senate a similar power of law. to confirm such a nomination. Because the appointment with respect to the judiciary. "At the very least, nominations to the Su­ Senate has not used its power of "advice and Significantly, however, we have moved in preme Court should never be based on crony­ consent," there is a widespread belief that it actual practice over the years toward those ism. If and when they are, the Senate's re­ is almost a rubber-stamp. original objectives of Madison. It is a fact, sponsibllity is clear. However, against the backdrop of history, though sometimes deplored by political "I reject the view that the Senate should we must recognize that the Senate has not scientists, that judges of the lower federal rubber-stamp its approval of every Presiden­ only the right but the responsibility to con­ courts are actually "nominated" by Senators tial appointment simply because a nominee sider more than the mere qualifications of while the President exercises nothing more doesn't beat his wife. The responsibility of a nominee to the Supreme Court of the than a veto authority. On the other hand, the Senate must be of a higher order, partic­ United States, the highest tribunal in a the Senate has generally accorded the widest ularly with respect to the Supreme Court of separate, independent and coordinate branch latitude to the President in the selection of the United States. of the government. The Senate has a duty the members of his cabinet. It is recognized "At the present time, the American people to look beyond the question: "Is he quali­ that unless he is given a free hand in the are in the process of choosing a new govern­ fied?" The Senate must not be satisfied with choice of these associates, he cannot be held ment. By their votes in November the people anything less than application of the highest accountable for the administration of the will designate new leadership and new direc­ standards, not only as to professional com­ executive branch of government. tion for our nation. petence but also as to such necessary qual­ I believe that history demonstrates that "Of course, a 'lame duck' President has the ities of character as a sense of restraint and the Senate has generally viewed the appoint­ Constitutional power to submit nominations propriety. A distinguished former colleague, ment of a cabinet official in a different light for the Supreme Court. But the Senate need Senator Paul Douglas of Illinois, put it this than an appointment of a Supreme Court not confirm them-and, in this case, should way: Justice. The general attitude of the Senate not do so. "The 'advice aµd consent' of the Senate over the years with respect to cabinet nomi­ "The maneuvering to deny the people and required by the Constitution for such ap­ nations was expressed by Senator Guy Gil­ the next President their choice in this in­ pointments (to the Judiciary) was intended lette of Iowa in these words: stance is wrong in principle-and everybody to be real, and not nominal. A large propor­ "One of the last men on earth I would knows it. tion of the members of the (Constitutional) want in my cabinet is Harry Hopkins. How­ "The appointments announced yesterday Convention were fearful that if judges owed ever, the President wants him. He is entitled smack of 'cronyism' at its worst-and every­ their appointments solely to the President to him . . . I shall vote for the confirmation body knows it." the Judiciary, even with life tenure, would of Harry Hopkins.... " Although other elements came into con­ then become dependent upon the executive Throughout our history, only eight out of sideration as further evidence was brought and the powers of the latter would become 564 cabinet nominations have failed to win out in the hearings of the Senate Judiciary overweening. By requiring joint action of the legislature and the executive. it is believed Senate confirmation. Committee, that summary indicates the The reasons for a limited Senate role with basic reason for opposing the nomination of that the Judiciary would be made more independent." respect to executive branch appointments, Abe Fortas. This article will expand on two however, do not apply when the nomination Illuminating the appropriateness of these major points: first, the nature of the higher is for a lifetime position on the Supreme responsibility which the Senate owes to con­ views is the clear history of the formulation Court, the highest tribunal in the independ­ siderations of judicial nominations; and sec­ of constitutional obligations built into the ent, third branch of government.2 No less a ond, the factors generally influencing non­ structure of our government to realize such consent in the Fortas case. The purpose is objectives as an independent judiciary and not to reopen a discussion of the particular­ checks and balances on respective centers of 2 In this context, it is interesting to take ities of Justice Abe Fortas' quality for ap­ power. In the Federalist Papers, Alexander note of the Senate's approach toward nomi­ pointment as Chief Justice of the United Hamilton wrote that the requirement of nations for regulatory boards and commis­ States. Rather we will be concerned only Senate approval in the appointing process sions-agencies which are "neither fish nor with the types of factors influencing a Sen­ would . . . be an excellent check upon a fowl" in the scheme of government and per­ ate determination. spirit of favoritism of the President, and form quasi-executive functions and quasi­ would tend greatly to prevent the appoint­ judicial functions. For example, in 1949, THE HISTORICAL CONTEXT FOR ADVICE AND ment of unfit characters from state prejudice, President Truman nominated Leland Olds CONSENT from family connection, from personal at­ for a third term as a member of the Federal Much of the controversy revolves around tachments, or from a view to popularity. Power Commission. Since Olds had served the appropriate functions of the President In the Constitutional Convention of 1787, on the Commission for ten years, it was dif­ and of the Senate in the circumstances of a James Madison generally favored the creation ficult to argue that he ~acked qualifications. nomination to the Supreme Court. There are of a strong executive; he advocated giving The Senate finally voted to reject the nomi­ some who suggest that the Senate's role is the President an absolute power of appoint­ nation. Afterward, there was general com­ limited merely to ascertaining whether a ment within the executive branch of the ment in the press that the real issue had nominee is "qualified" in the sense that he government. Madison stood with Alexander nothing to do with the nominee's qualifica­ possesses some minimum measure of aca­ Hamilton against Benjamin Franklin and tions but everything to do with regulation demic background or experience. It should others who were concerned about granting of the price of natural gas. be emphasized at the outset that any such the President such power on the ground that In considering such nominations, it has view of the Senate's function with respect to it might tend toward a monarchy. While he not been unusual for the Senate to focus on nominations for the separate judicial branch argued for the power of the President to ap­ the charge of "cronyism." That was the issue of the government is wrong and simply does in 1946 when President Truman nominated not square with the precedents or with the point within the executive branch, it is very a close personal friend, George Allen, not to intention of those who conferred the "ad­ important to note that Madison drew a sharp a lifetime position on the Supreme Court, vice and consent" power upon the Senate. distinction with respect to appointments to but to be a member of the Reconstruction I am firmly convinced that approval by the Supreme Court, the judicial branch. Finance Corporation. Not only did such col­ the confirming authority of a nomination to Madison did not believe that judges should umnists as David Lawrence react sharply, the third highest post in our land, the high­ be appointed by the President; he was in­ but the New York Times opposed the nomi­ est judicial post, on the basis of the record clined to give this power to "a senatorial nation as well. Senator Taft led the opposi­ before the Senate in the Fortas case, would branch as numerous enough to· be confided tion declaring that Allen was one of three 12610 EXTENSIONS OF REMARKS May 14, 1969 spokesman than former Justice Felix Frank­ FACTORS AFFECTING QUALITY IN A NOMINATION heard and given a voice in charting the furter has emphasized one of the chief rea­ AND A NOMINEE future of ·America. Particularly at such a sons for the higher responsibility of the Only the broader and more purposive inter­ point in our history the Senate would have Senate to look beyond mere qualifications in pretation of the Senate's duty to "advise and been most unwise to put its stamp of ap­ the case of a Supreme Court nominee: consent" to judicial nominations to the high­ proval on a cynical effort to thwart the or­ "The meaning of 'due process' and the est court can insure that the quality of those derly processes of change. content of terms like 'liberty' are not re­ nine influential public servants will remain In addition to this responsibility to guar­ vealed by the Constitution. It is the Jus­ worthy of the reputation established in the antee quality in the circumstances of nom-. tices who make the meaning. They read into past. Even before the current controversy ination, the Senate must evaluate the qual­ the neutral language of the Constitution erupted, public confidence in the Supreme ity of the nominee himself. Since the duty their own economic and social views . . . Let Court, regretfully, had fallen to an all-time to "advise and consent" requires more than us face the fact that five justices of the low. The Gallup poll survey in June 1968 a cursory glance at the nominee's creden­ Supreme Court are the molders of policy reported before this controversy arose that tials, various factors may legitimately con­ rather than the impersonal vehicles of re­ sixty per cent of the American people did not cern the Senate. I do not intend to evaluate vealed truth." have a favorable opinion of the Supreme once again the merits of the controversy sur­ In an oft-quoted statement Chief Justice Court. Undoubtedly, much of this disfavor rounding the nomination of Mr. Justice Charles Evans Hughes noted wryly: "We are can be attributed to widespread dissatisfac­ Fortas. However, I will use the facts of that under a Constitution, but the Constitution is tion with some of the more controversial situation to illustrate some of the factors what the judges say it is." rulings of the Court in various fields, but the that indicate quality or lack of it in a presi­ Thus, when the Senate considers a nomi­ prestige of the Supreme Court does not hinge dential nomination to the Supreme Court. nation to one of the nine lifetime positions solely on the results it may reach in particu­ To be quite candid, I suspect that I might on the Supreme Court of the United States, lar cases. There are other even more com­ have been a lonely figure standing in the particularly a nomination to the position pelling influences; the same Gallup poll, for Senate opposing any nominees solely on the of Chief Justice, the importance of its deter­ example, reported that sixty-one per cent of ground that they were appointed under mination cannot be compared in any sense to the people favored a change in the method "lame-duck" circumstances. In submitting the consideration of a bill for enactment into of selecting Supreme Court Justices. This the particular nominations that he did, how­ law. If Congress makes a mistake in the en­ strongly suggests that the circumstances ever, President Johnson provided in a most actment of legislation, it can always return which surround the appointment of a Justice accommodating way several additional rea­ at a later date to correct the error. But once profoundly affect the capacity of the Court sons to oppose his candidates. the Senate gives its "advice and consent" to to merit public confidence. Therefore, a part Mr. Fortas and Mr. Thornberry were se­ a lifetime appointment to the Supreme of the Senate's responsibility must be to lected primarily because they were close and Court, there is no such convenient way to guarantee that under the present method of long standing personal friends of President correct an error since the nominee is not selection these circumstances are unimpeach­ Johnson, not because they were among the answerable thereafter to either the Senate ably correct. best qualified in the nation to fill the par­ or to the American people. timilar positions. The charge of "cronyism" Throughout our history as a nation, until At the beginning of this crusade before Mr. Fortas and Mr. Thornberry were even is not new in Senate confirmation debates, the pending nominations were submitted, but it is highly unusual for any President to one hundred and twenty-five persons have named, I made it clear that I would vote against confirmation of any nominee by subject himself to that charge with respect been nominated as Justices of the Supreme to a nomination for the Supreme Court of Court. Of that number, twenty-one, or one­ President Johnson to be Chief Justice­ whether he named a Republican or Demo­ the United States. Never before in history sixth, failed to receive confirmation by the has any President been so bold as to sub­ Senate. The question of qualifications or crat, a liberal, conservative or a moderate. The circumstances surrounding the resigna­ ject himself to the charge of "cronyism" fitness was an issue on only four of these with respect to two Supreme Court nomina­ twenty-one occasions. In debating nomina­ tion of the incumbent indicated, first, that the outgoing President should not attempt tions at the same time. tions for the Supreme Court, the Senate has Some have said that if a person, even · never hesitated to take into account a nom­ to fill the vacancy and, second, that a "re­ tractable retirement" was being used to pres­ though nominated because he is a "crony"; inee's political views, philosophy, writings, is still "qualified", he should be approved. I and attitude on particular issues. sure the Senate into accepting a particular nominee. I took the position that, in view of reject this view because it diminishes public The Senate's resp0nsibility to weigh these these circumstances, public confidence in respect for the Supreme Court. In 1968 there factors is not diminished by the fact that the Court could be strengthened if the next was clearly manifested a desperate need to such professional organizations as the Ameri­ restore respect for law and order, as well can Bar Association limits their own inquiries. Chief Justice were named to fill a real vacancy by the new President after the people as respect for the institutions which bear The ABA committee on the federal judiciary responsibility for mainta-ining law and order. has acknowledged limitations on its role. For had an opportunity to vote in November. With regard to the retractable resignation, This need was not met by nominations to example, letters from the chairman of the the highest court which could be legiti­ committee, Albert E. Jenner, to Senator The New Republic magazine commented: "Executive officers serve under the direction mately branded as "cronyism". James Eastland which transmitted the com­ Similarly the public must be expected to mittee's recommendation with respect to the and at the pleasure of the President. It is un­ objectionable, and right, that they should respond with the utmost skepticism to the nominations of Abe Fortas and Homer Thorn­ acceptance by a Supreme Justice of a fee berry contained this statement: make their resignations effective at his plea­ sure ... But judicial officers are independ­ for seminar teaching which exceeded by a " ... (O)ur responsibility (is] to express ent of the President ... ratio of nearly seven to one the usual com­ our opinion only on the question of pro­ "It is perhaps a small, symbolic point only, pensation for such a course and which, more fessional qualification, which includes, of importantly, was privately raised by a for­ course, consfderation of age and health, and but the symbols of judicial independence are not trivial; they are an important source of mer law partner from businessmen previous­ of such matters as temperament, integrity, judicial power and effectiveness. ly unconnected with the university through - trial and other experience, education and "The point, moreover, goes beyond the sym­ which the fee was paid. Such an action is demonstrated legal ability. It is our practice bolic, as Chief Justice Warren himself inge­ clearly wrong in principle and violates the to express no opinion at any time with regard niously emphasized at his press conference canons of judicial ethics. While it may not to any other consideration not related to such · on July 5. He was still in office, said the Chief violate any law, the Senate has the respon­ professional qualifications which may prop­ Justice, and would return to preside in the sibility nevertheless to weigh such conduct erly be considered by the appointing or con­ fall if the Senate fails to confirm Abe Fortas, in measuring the sense of discrimination, firming authority." (Emphasis added.) of whom he thinks well. propriety and judgment of a nominee. "That may not have been intended as a Notwithstanding the grave concern raised who were nominated "only because they are form of pressure, but it looked like it. The by the propriety of the "Seminar fund", I personal friends of the President. Such ap­ pressure was, in any event, implicit in the believe the factor that gave rise to the most pointments as these are a public affront." manner of Chief Justice Warren's retire­ disagreement in the Fortas case concerned In 1949, the Washington Post severely ment ... Retirements which are effective the Justice's extrajudicial involvement. I criticized the nomination by President Tru­ on a date which is certain and irrevocable am confident that the public did not ap­ man of Mon C. Wallgren, not to a lifetime ensure that a replacement will be considered prove of the admitted telephone call made position on the Supreme Court, but to be on his own merits, and not as a choice be­ by Mr. Justice Fortas to a business friend, a member of the National Security Resources tween himself and his predecessor. criticizing a public statement that Vietnam Board. A former Governor and Senator, the "The practice of retiring or resigning, as war costs would run $5 billion higher than nominee had become a close friend of Presi­ Chief Justice Warren did, effective upon the Administration estimates. I am also confi- · dent Truman when the two served together qualification of a successor, is unprece­ dent that the public did not condone the on the Truman committee. The Washington dented in the Supreme Court. It seems to fact that Mr. Justice Fortas admittedly par:.. Post characterized this nomination as a "re­ have grown up among lower federal judges. ticipated in the decision-making process of vival of government by crony which we It has nothing to commend it." the executive branch of government on such. thought went out of fashion with Warren G. Apart from this unfortunate pressure tac­ matters as the Vietam war and the Detroit Harding." The Senate Committee which con­ tic, the "vacancy" so created was to be filled riots. sidered Wallgren's nomination voted seven by an outgoing President. The nation in 1968 However, perhaps most disturbing was the to six against confirmation and the matter was seething with unrest and calling for fact that the neminee stated to the Senate never reached the Senate floor. change. A new generation demanded to be Judiciary Committee that he was proud of May 14, 1969 EXTENSIONS OF REMARKS 12611 his extrajudicial activities and that he "did Secretary of State Thomas Jefferson, acting the constitutional line which necessarily not . see anything wrong" with them. When on behalf of President George Washington, separates the branches of our government it became apparent that the Senate was far sought the advice of the Justices of the su­ and that such contacts will be characterized more deeply concerned with these extraju­ preme Court on twenty-nine controversial by the restraints customarily observed by dicial activities than he himself was, the matters. Jefferson asked the Justices members of the judiciary. nominee declined to appear on a second oc­ "whether the public may, with propriety, be In his testimony, Mr. Justice Fortas ac­ casion before the Judiciary Committee. I availed of their advice on these questions." knowledged that he had participated in have never questioned the right of Mr. Jus­ The Supreme Court firmly declined to give its White House deliberations concerning the tice Fortas to refuse to answer questions opinion to the executive branch, saying in policy of the executive branch with respect concerning decisions in which Ile has par­ part: to Vietnam and the Detroit riots while sit­ ticipated.a My concern goes to his refusal to "We have considered the previous question ting on the Supreme Court. In seeking to ex­ answer questions concerning his participa­ stated ... regarding the lines of separation, plain this to the committee, Mr. Fortas said: tion in extrajudicial matters as to which he drawn by the Constitution between the three " ... I have, on occasion, been asked to could not possibly assert immunity under departments of government. These being in come to the White House to participate in the doctrine of the separation of powers. certain respects checks upon each other, and conferences on critical matters having noth­ As he came to the committee at one time to our being Judges of a Court in the last resort, ing whatever to do with any legal situation discuss these subjects voluntarily, he was are considerations which afford strong argu­ or with anything before the Court or that simply without justification in refusing to ments against the propriety of our extra­ might come before the Ccurt." answer further questions in this regard.4 judicially deciding the questions alluded to, At another point the nominee assured the especially as the power given by the Consti­ Judiciary Committee: SCRUTINIZING ONE FACTOR: INVOLVEMENT WITH tution to the President, of calling on the "There was nothing involved in the con­ THE EXECUTIVE heads of departments for opinions, seems to ferences, the consultations, or the issues that Each of these aspects in the record before have been purposely as well as expressly were discussed in which the Court might pos­ the Senate generated serious questions as to united in the Executive departments." [Em­ sibly become involved." the quality of the nominee, if not as to his phasis added) . Acceptance of such assurances would cer­ qualifications. Perhaps the most crucial as­ This same principle has been reinforced tainly have been misplaced, for it is evident pect deserves an extended examination: the through time. In 1942, President Franklin D. that cases have already reached the Court involvement of a Justice in the executive Roosevelt called upon Chief Justice Stone for pertaining to executive matters in which Mr. branch of the government. . assistance in arriving at executive decisions Fortas participated while sitting as a Justice The doctrine of separation of powers is the in connection with wartime rubber problems. of the Supreme Court. In United States v. most fundamental concept embodied in our In response to the President's request Chief O' Brien,5 a case arising out of the burning of Constitution, and yet separation of powers Justice Stone replied as follows: a draft card on protest to the Vietnam war. was not even a unique invention of the dele­ "I have your letter of the 17th.... Personal Justice Douglas stated in dissent: gates assembled at Philadelphia in 1787. and patriotic considerations alike afford pow­ Even before the Constitutional Convention, "The Court states that the constitutional erful incentives for my wish to comply with power of Congress to raise and support armies every state constitution drafted or revised your request that I assist you in arriving at during the Revolutionary period embodied is 'broad and sweeping' and that Congress' some solution of the pending rubber problem. power 'to classify and conscript manpower the doctrine of separation of powers as the But most anxious, not to say painful, reflec­ very starting point, creating in each instance for military service is 'beyond question.' This tion has led me to the conclusion that I is undoubtedly true in times when, by decla­ separate and distinct executive, judicial, and cannot rightly yield to my desire to render legislative branches. As James Madison told ration of Congress, the Nation is in a state of for you a service which as a private citizen war. The underlying and basic problem in this the convention, separation of powers is "a I should not only feel bound to do but one fundamental principle of free government.'' case, however, is whether conscription is per­ which I should undertake with zeal and en­ missible in the absence of a declaration of Only when power is divided under a system thusiasm: .. of checks and balances can we expect to find war. That question has not be.en briefed nor "A judge, and especially the Chief Justice, was it presented in oral argument; but it is, government limited, responsible, and free. cannot engage in political debate or make But if the doctrine of separate powers is im­ ~ submit, a question upon which the litigants public defense of his acts. When his action is and the country are entitled to a ruling.... portant, what constitutional justification is judicial he may always rely upon the sup­ there for a member of the judicial branch This ~ase should be put down for reargument port of the defined record upon which his and heard with Holmes v. United States and while serving on the bench to participate ac­ action is based and of the opinion in which tively in decisions of the executive branch on with Hart v. United States, post, p. 956, in he and his associates unite as stating the which the Court today denies certiorari. a regular, undisclosed basis? ground of decision. But when he participates The answer has been clear since 1793, when in the action of the executive or legislative "The rule that this Court will not consider departments of government he is without issues not raised by the parties is not inflex- . ible and yields in 'exceptional cases' (Duig­ a There is serious question whether the those supports. He exposes himself to attack nominee preserved his right, however. Sena­ and indeed invites it, which because of his nan v. United States, 274 U.S. 195, 200) to tor Ervin of North Carolina questioned Mr. peculiar situation inevitably impairs his the need correctly to decide the case before Fortas on many of his decisions, and Mr. value as a judge and the appropriate in­ the court. E.g., Erie R. Co. v. Tompkins, 304 Fortas refused to answer those questions. fluence of his office." US. 64; Terminiello v. Chicago, 337 U.S. 1. The nominee was quite consistent in that I do not suggest that a Justice of the Su­ "In such a case it is not unusual to ask for decision until he recalled a case that was in preme Court should have no contact what­ reargument (Sherman v. United States, 356 his favor, and suddenly he felt free to dis­ ever with the President or with members of U.S. 369, 379, n. 2, Frankfurter, J. concurring) cuss a decision in which he had participated: the legislative branch while he sits on the even on a constitutional question not raised "For example-may I mention one, I won­ bench. However, the people have a right to by the parties.... [case citations and dis- der, without breaching my constitutional expect that such contacts will not breach cussion omitted) .. . responsibility as I see it--just one. For ex­ "These precedents demonstrate the appro­ ample, I think that one of the most impor­ ment Information Subcommittee of the priateness of restoring the instant case to tant decisions that we made in my three House Committee on Government Opera­ the calendar for reargument on the question years on the Court in the field of criminal tions, President John F. Kennedy wrote: of the constitutionality of a peacetime draft law is a case that has received no attention, "As you know, this Administration has and having it heard with Holmes v. United a case called Warden v. Hayden [387 U.S. 294 gone to great lengths to achieve full coopera­ States and Hart v. United States." G (1967)). In that case we did overrule a prec­ tion with the Congress in making available Thus, although the issue was not directly edent. We overruled the case of Gouled v. to it all appropriate documents, correspond­ presented, Justice Douglas dissented from United States [255 U.S. 2Q8] decided in 1921 ence and information. This is the basic policy the Court's opinion and raised the question by a unanimous Court. Holmes and Bran­ of this Administration, and it will continue whether the Supreme Court should hear argu­ deis were on the court ... "See Hearings, to be so. Executive privilege can be invoked ment on the constitutionality of the draft supra note *, pt 1 at 170. only by the President and will not be used absent a declaration of war by Congress in It might be argued that at that point the without specific Presidential approval." the Vietnam war. The issue was, therefore, nominee waived his immunity from discuss­ .[Emphasis added']. before the Court because the Justices had· to . ing other decisions of the Court as well. Further, in a letter of April 2, 1965, to decide whether to hear argument which they 4 In addition two officials of the Johnson Representative Moss, President Johnson ultimately decided not to invite. administration refused to appear and give wrote: In Holmes v. United States 1 and Hart v. testimony before the Committee on Judi­ " Since assuming the Presidency, I have fol­ United States,8 Justice Stewart as well as ciary concerning reports that Justice Abe lowed the policy laid down by President Justice Douglas indicated that the Court Fortas had helped the White House in draft­ Kennedy in his letter to you of March 7, should consider questions concerning the war ing legislation in 1968. In letters to the com­ 1962, dealing with the subject. Thus, the in Vietnam. In Holmes Justice Stewart stated mittee, Treasury Undersecretary Joseph W. claim. of "executive priv ilege" will continue in a memorandum: Barr ~nd W. DeVier Pierson, associate spe­ to be made only by the President." [Em­ cial counsel to the President, based their re­ phasis added] . ;-; 391 U.S. 367 (1968). fusal on the claim of "executive privilege." To my knowledge, the refusal by Messrs. "391 U.S. at 389-91. Ye.t in a letter dated March 7, 1962, to Barr and Pierson was the first outright viola­ 7 391 U.S. 936 (1968). Chairman John Moss of the Special Govern- tion of that sound policy. 8 391 U.S. 956 (1968). 12612 EXTENSIONS OF REMARKS May 14, 1969

"This case, like Hart v. United, States, No. ness executives at the meeting said that embarrassed in refusing an appointment 1044, Misc., post, p. 956, involves the power Lazarus reported that Fortas told him that when urged to serve on the grounds of in­ of Congress, when no war has been declared. the President was upset, Justice Fortas re­ dispensability even though the doctrine of to enact a law providing !or a limited period plied: "Senator, I could not say in one say the indispensable man has no real place in of compulsory military training and service, or the other about that. I just do not re­ American public life. with an alternative of compulsory domestic member." "Personal motives·may easily join with the civilian service under certain circumstances. Thus, whether we look to the testimony of urgent call to duty in exerting strong pres­ It does not involve the power, in the absence Senator Allott, or to the testimony of the sure on the judge to accept nonjudicial ap­ of a declaration of war, to compel military nominee himself, or to the other uncontra­ pointments. Ambition is a wholesome human service in armed international conflict over­ dicted reports, one cannot avoid the conclu­ trait and judges are human. If it becomes seas. If the latter question were presented, I sion that serious doubts existed as to whether common to expect Executive appointments, would join Mr. Justice Douglas in voting to Mr. Fortas did in fact make a full disclosure judges may slip into that frame of mind grant the writ of certiorari." 9 of his activities in the executive branch. Both which seeks promotional opportunity at the Although his opinion was somewhat more the questions which were left unanswered hand of the Executive and the quality of the limited than that of Justice Douglas, Justice and the responses that were in fact made judicial character may be impaired. This Stewart in these cases also believed that the suggested less than the minimum level of could take on an ugly political tinge if judges questions pertaining to the validity of the war to the problem of involvement with the ex­ came to see in the Executive appointment a in Vietnam should have been heard by the ecutive branch. chance to advance themselves politically or a Court. Justice Fortas did not disqualify him­ It is well to remember that the problem chance to aid the Chief Executive politically." self, but rather, as far as the record shows, he does involve propriety and discretion because The American Bar Association's Committee participated on the Court in these three deci­ existing law does not provide adequate rules on Professional Ethics and Grievances has sions. Moreover, it would not sufficiently pro­ of conduct for involvement of a judge in ruled on whether a judge might also properly tect the public interest for a Justice who had executive affairs. On the contrary, the hold an office in another branch of the gov­ engaged in executive consultations merely to propriety of taking men from the bench to ernment. The committee concluded that this disqualify himself from judicial consideration fill executive posts is governed almost wholly was clearly improper, since it "might easily of any resulting litigation. If one or two Jus­ by judicial ethics and public policy.10 The involve conflicting obligations." The Can­ tices were allowed to participate in executive practice of a federal judge acting in some ons of Judicial Ethics of the American Bar decisions on such a basis, then surely all nine other governmental capacity without resign­ Association themselves admonish against Justices could do so and then there would ing his office is restricted statutorily only by this practice. Canon 24 precludes acceptance be no Court to decide the controversy. Even the Dual Compensation Act of 1964 11 which of "inconsistent duties". Canon 34 insists if this ultimate breakdown were not likely to repealed and updated the prior Act of July that the judge's "conduct should be above occur frequently, the number of Justices 31, 1894.12 The Act of 1894, when in effect, reproach". Canon 31 precludes the judge's available in each case would probably be re­ had been narrowly circumscribed by rulings practice of law, though it allows acting as an duced, thus decreasing the interaction of such as those which construed "office" to arbitrator, author, lecturer or instructor of human minds which was envisioned by those apply only to "constitutional" offices, creating law and accepting compensation provided who set the number by law. a broad field of non-judicial posts where a "such course does not interfere with the due In response to questions con,cerning his judge could serve unhampered by legal re­ performance of his judicial duties." The same participation in the actual drafting of legis­ strictions. Neither the Act of 1894 nor the conclusions were summed up in the 1947 Sen­ lation within the executive branch, the present law applies to the situation where the ate Judiciary Committee report: nominee responded at one point very flatly: non-judicial post carries no compensation. "A judge who embarks upon official non­ "It is not true that I have ever helped to When the practice of using federal judges judicial activities in another branch of the frame a measure since I have been a Justice beyond the judiciary arose in the early period Government lays himself open to the charge of the Court." Yet less than two months of our country's history, men like Jefferson, that he is undertaking "conflicting obliga­ earlier Justice Fortas was involved in the Madison and Pinckney were opposed because tions" or "inconsistent duties", that in spirit preparation of an amendment to the Treas­ it tended to make the bench an "annex" of a he is violating the doctrine of the separation ury Department's appropriation bill, pertain­ political party and an "auxiliary" to the of powers, and that in· discharging his non­ ing to the security and protection of presi­ executive branch. In the words of the Senate judicial duties he is neglecting the prope~ dential candidates. The testimony of Senator Judiciary Committee in 1947: performance of the judicial ones." [Foot.:. Gordon Allott of Colorado on May 27, 1968, "Where the practice is infrequent, it may notes omitted] . revealed that Under Secretary of the Treas­ well be reasoned that the situation will take Since statutory law is inadequate to gov­ ury Joseph Barr had informed him in sub­ care of itself; but where there is an increas­ ern such a practice and control the dangers stantially the following terms: ing tendency to draft members of the inherent in it, a heavy burden of discretion ". . . [T] his is the amendment [referring judiciary for executive and nonjudicial must rest with the President who would sug­ to the Secret Service protection amendment] duties, as is the case in modern times, the gest non-judicial missions. The obligation they want at the White House. It has been propriety of the practice should be examined of the Senate is equally important, for it can gone over by De Vier Pierson and Abe Fortas, anew if the integrity of the judiciary in contribute a means of control through close and they have cleared it and they can live American life is to be preserved. scrutiny of the propriety of judicial nomi­ with it." What may happen to judges in the exercise nees who have during their term participated Obviously, Senator Allott's testimony raised of their judicial functions if the tendency in­ in executive affairs. The conclusion of the serious question concerning the weight which creases to appoint them to Executive offices? Senate Judiciary Committee in 1947 was could have been accorded by the Senate to Will it not be difficult for them to maintain clear: Mr. Fortas• earlier testimony. As has already the integrity and independence of the "The Committee on the Judiciary of the been pointed out, even more disturbing than judicial office if the practice becomes com­ United States Senate declares that the prac­ this apparent contradiction was the refusal mon of selecting them for executive positions tice of using Federal judges for nonjudiciai by Mr. Fortas after his discrepancy came to carrying exceptional privileges and prestige? activities is undesirable. The practice holds light to return to the committee in order Would not the suspicion be ever present great danger of working a diminution of the to clear it up. that the President might gain desired ends prestige of the judiciary. It is a determent After acknowledging participation in White by favoring judges in Executive appoint­ to the proper functioning of the judicial House conferences concerning the Vietnam ments? Ill motives need not be charged at all; branch of the Government." war and the Detroit riots, Mr. Fortas testified, they will be present as a matter of course This same conclusion governed the deter­ "I guess I have made full disclosure now." where the situation, by its very nature, mination of the Senate with respect not only Senator Allott's testimony is a direct chal­ carries the seeds of suspicion." to the non-judicial activities of Justice lenge to that statement: a challenge which With respect to the acknowledged fact Fortas in the executive branch, but also with stands uncon tradicted saying to the Senate that a judge may not be compelled to per­ respect to the other factors which retracteq and to the nation that the nominee did not form nonjudicial duties, the Sena.te Judiciary from the level of quality in that nomination, make a full disclosure of his activities in the Committee has warned of other pressures I am convinced that due to the Senate vote executive branch while serving as a Justice which may become equally coercive: on October .1, 1968, rejecting cloture of of the Supreme Court. "Elements other than statutory are pres­ debate on the presidential nomination of Abe Mr. Fortas admitted under questioning ent. Public opinion is a compelling factor. It Fortas, future Presidents will take more care that he had called a friend, Ralph Lazarus, is difficult for a judge to refuse the Execu­ to criticize a statement made on behalf of in submitting nominations, particularly tive when the request is placed on the plane those for the Supreme Court. I believe there the business council of Hot Springs, Virginia, of patriotism in time of war. Even without concerning the cost of the Vietnam war. It will be hope again that judges approaching the compelling argument of war a judge is had been reported in the June 4, 1967, issue the stature of Learned Hand or Benjamin of the New York Times that Justice Fortas Cardozo will be appointed to the Supreme had made this call to transmit President 10 Report of the Senate Committee on the Court: not for personal or political reward, Johnson's ire to the business council over Judiciary, Independence of Judges: ShouUl but simply because they are among the best the statement. However, when he was ques­ They be used for Nonjudicial Work?, re­ qualified in the land. If this hope is realized, tioned further concerning a report in the printed in 33 A.B.A.J. 792 (1947). there will be a sounder foundation upon New York Times of Julr 18, 1968, that busi- u Dual Compensation Act, § 301, 5 U.S.C. which to build confidence and to restore § 5533 ( 1964). public respect for the Supreme Court as an o 391 U.S. at 936. 1!! 5 u.s.c. § 62. institution. May 14, 1969 EXTENSIONS OF REMARKS 12613

THE DISCRIMINATING ROLE the President to the "great" state judges be Chief Justice. He had the support of a majority of the Senate. In the hands of a (By PHILIP A. HART)* and rule out the mediocrities and the politi­ cal wheelhorses? The same can be said for well-organized but small band of men, how­ The controversy which a.rose in the sum­ the federal bench; there are great federal ever, the filibuster frustrated the will of the mer of 1968 over the nomination of Mr. Jus­ appellate and trial judges and there are less majority. To allow this to happen again tice Abe Fortas to be Chief Justice of the distinguished ones. would be to threa ten every judge in the United States has raised serious questions A survey of the Court's history suggests land: if he wishes promotion within the fed­ about the proper role of the Senate in ad­ that any effort to define categories from eral court system, he had better trim his sails vising and consenting to such nominations. which Justices may be selected will neit her and decide cases not according to the Consti­ That my remarks may be read in perspec­ guarantee greatness nor preclude mediocrity. tution and the laws of the land but with an tive, it should be mentioned that I supported Chief Justice Marshall, considered by many eye to the prejudices of an unrepresentative strongly the nomination of Mr. Fortas. I be­ the greatest man ever to sit on the Court, group of Senators. Such a concept is destruc­ lieve that were it not for the unique circum­ had virtually no legal education and lit tle tive of the separation of powers laid down by stances of last summer-the erosion of the experience as a lawyer. He was a soldier, state the Constitution, and it is outrageous that power of the President with the approach of assemblyman, Congressman, diplomat ( ac­ this doctrine should become part of the ban­ a political campaign, the nearness of the cused by historians of attempting to bribe ner of men who proclaim to be strict const i­ end of the legislative session, and the oppor­ the French), and Secretary of State. Those tutionalists. As the Fortas experience dem­ tunity the nomination afforded for politi­ who propose to restrict the scope of the Presi­ onstrates, the time has come to extricate t h e cal attacks on the Court and the President-­ dent in selecting nominees would certainly filibuster from the Senate, root and branch. the nomination would have been endorsed by bar a man like Marshall. Or consider Second, the Fortas controversy revealed to a majority of my colleagues. If my view is Brandeis, a successful corporate lawyer who me both my own and our society's uncer­ correct, then the nomination procedure es­ had become a controversial social reformer t ainty about the role of a Justice. Do we tablished by the Constitution was thwarted and presidential confidante. The legal estab­ want men appointed to the Court to sever by a minority of the Senate who turned lishment of this country, including all then all ties with the forces which brought them events to their advantage and were indiffer­ living former presidents of the American Bar to the Court? Is it appropriate, for example, ent to the support given the nominee by the Association and the heads of leading univer­ for a Chief Justice l'.farshall to continue to bar, by the academic community, by busi­ sities, fought the appointment of Brandeis serve as Secretary of State after his entry nessmen who recognized his perceptive as a Supreme Court Justice with a venom into service on the Court? I suppose this handling of their problems and by the de­ unprecedented in our history. Think how question is academic today, but there is no prived members of our society who felt his much poorer this nation and its judicial law which forbids such overlapping func­ concern for them. heritage would have been had they prevailed. tions, and Marshall did fill the two chairs The Fortas controversy raised additional Should we exclude professors, and close the for some six months. Do we want to erect a questions about the role of the Senate and Court to such different men as Story, Rut­ complete barrier between a Brandeis and a that of an individual member in confirming ledge, Frankfurter or Douglas? Or should we Wilson, a Stone and a Hoover, a Frankfurter judicial appointments. To what extent, as a preclude the selection of attorney generals, and a Roosevelt? Would these Presidents member of the Judiciary Committee and as knowing that that category has supplied such have appointed these great Justices had they an individual Senator, was I to take into ac­ different men as Chief Justice Taney, the re­ known that in so doing they would deprive count my philosophical agreement or dis­ actionary McReynolds, the liberal Murphy of themselves of the advice of men whose coun­ agreement with the nominee? Should a sit­ Michigan, or. Stone and Jackson? What of sel they valued, perhaps more than any ting Justice, subjected to the confirmation prosecutors? On the present Court the most others? Do we want to prevent a Story from process just three years earlier, be required experienced prosecutor is Chief Justice almost single-handedly creating American to appear before us again at all? Was it prop­ ·warren, hardly a hero to those who believe legal education; or can we say to a Douglas er for me in committee to probe the nom­ the Court lacks prosecutorial zeal. Are cor­ or a Black or a Fortas, "you must not write inee's prior judicial record or to seek to de­ porate lawyers to be excluded, although that for publication, or speak your views, or teach f end or challenge particular opinions? What class has contributed Hughes and Harlan? youngsters"? Shall we say that they may do weight was I to give the nominee's relation­ And what about country lawyers like Jack­ so, but may not receive compensation as do ship to the President or to his writing, speak­ son and Black, the one by way of the Justice Senators,1 Congressmen and other public ing and teaching activities outside the Department and the other by way of the officials? Do we want a firm rule at all? Can Court? Senate? If anything, history teaches that no we not honor both those Justices and judges These questions do not exhaust the possi­ door should be closed and that diversity is who devote themselves single-mindedly to bilities. Many of my colleagues thought, and the goal. their judicial work and those who enrich the have frequently proposed, that the Senate How deeply should we probe the back­ potential of other departments of public should do more than simply say "yea" and ground of a nominee? Cardozo's father was a service? Or is the risk of diverting judicial "nay" to nominees of the President. Some Tammany Hall judge, yet his son became one energies into other areas and perhaps en.:. for example, would attempt to restrict the of the saintlies figures in Anglo-American veloping the Court in political controversy too President in the selection process, requiring law. Stone was a rebel both as a college stu­ great? him to choose Supreme Court Justices from dent and later as a law teacher. He was also a The time has come for the Senate, for the among sitting federal or state judges or successful Wall Street lawyer, an Attorney bar, and especially for the law schools to from lists of people drawn up by bar associ­ General, and a great justice. Into which focus on these problems. I doubt that the ations or other supposedly elite groups. category does he fit? answer will be found in legislation. However, Others would settle for attempting to pin a The more I read, the less confidence I have, trenchant and fair-minded analysis of these nominee down as to his views on particular not only in mechanical devices, but in any issues, raised above the recent controversy, issues, whether they be matters of obscenity, kind of prediction. In the 1920's, for exam­ could influence future Presidents and the civil rights, or the relationship of govern­ ple, Senate liberals engineered the defeat of Senate, in addition to furnishing a guide to ment to business. Some would attempt to as­ the nomination to the Court of federal judge members of the Court. What must be done sess a nominee's relative hardness or soft­ John Parker. Parker was alleged to have is to create a consensus as to what judicial ness on crime, as though that were a suffi­ made an anti-Negro slur in a speech and propriety requires: None now exists. cient test of judicial fitness. organized labor was angry at his decision in The third lesson to be learned from the From my experience I have little faith in a labor case. Parker became one of our great recent experience is that the prior judicial any of these mechanical solutions, nor does federal appellate judges. The man the Senate record of a nominee, like his prior legal history give me any cause for optimism. Con­ accepted in his place had been a vigorous career, is at best an uncertain guide with sider the difficulties in attempting, either by prosecutor of the Teapot Dome crowd, but on limited utility in determining whether his legislation or by more informal means, to the bench Justice Roberts cast the key vote nomination should be confirmed and dan­ define in advance the categories from which in the early decision defeating major New gerously susceptible to misuse and abuse. a President may nominate a Justice. The Deal proposals favored by the very men who I believe it is totally unrealistic and, indeed, history of the Supreme Court abundantly had achieved his nomination. foolish to hold that the Senate cannot prop­ demonstrates that great Justices and medio­ TOWARD CLARIFICATION OF THE SENATE'S ROLE erly consider a nominee's prior record, in­ cre ones have come from extremely disparate cluding judicial opinions he may have writ­ settings. State supreme courts, for example, I appear to be advocating that the Senate continues to muddle along as it has done in ten. At the same time, I greatly doubt either have supplied great Justices, including the value or the wisdom of having a sitting Holmes from Massachusetts and Cardozo the past: approving most appointments, but occasionally being cantankerous. But this Justice, whose opinions speak for themselves, from New York. These courts have also sup­ personally testify before the Judiciary Com­ plied mediocrities whose n ames are better does not mean that there are not lessons to be learned and to be applied arising out of mittee. So long as the Senate has the power left unremembered. Moreover, for a variety to say "no," those who wish to say "no" will of reasons many state courts have today be­ our experience last session wit h the Fortas nomination. avail themselves of whatever weapons are at come relative backwaters in the law. While hand. When the nominee is already a judge, this is not true of all state courts and there First, it is the unmistakable teaching of the recent controversy that use of the fili­ these weapons will include his prior opinions. are state judges today who certainly would buster, an anti-democrat ic device in the leg­ grace the Supreme Court, how does one de­ islative process, is intolerable in the process 1 The writer does not accept "honorariums" fine in advance a category which would limit whereby the Senate advises and consents to or pay for lectures or speeches. But it is a a nomination to the Court. Were it not for widely practiced and presumably approved • United States Senator from Michigan. the filibuster, Mr. Justice Fortas would now pattern. 12614 EXTENSIONS OF REMARKS May 14, 1969 Indeed, a Senator who is asked to assess the federal judge is appointed either to the Su­ can people in community progress, I fitness of the candidate cannot decline to preme Court or to a federal appellate bench. place in the RECORD herewith an article see what he has written and how he has It is totally unfair for the Senate to attempt by the national columnist, Marquis voted. to second guess opinions written in the heat Childs, which tells the Oliver Springs What struck me, especially during Judi­ of work or votes necessarily cast with little ciary Committee sessions on the recent nom­ or no explanation. One might counter that story. The article follows: ination, was the danger of irresponsible use part of the fault lies with t he judges who (From the Washing.ton (D.C.) Post, of a nominee's prior record. Some examples have a duty to explain carefully and accu­ May 14, 1969] will illustrate the magnitude of this danger. rately wha t they are doing. One might hope LESSON OF TVA Is IGNORED BY FLOOD RAVI.GED One of the chief issues which arose last year that this responsibility were truly recipro­ STATES concerned Mr. Justice Fortas' position on cal: the courts would show legislative hand­ (By Marquis Childs) the terribly complex subject of obscenity. work sympathetic understanding of the fac­ Here was an opportunity for critics of the tors affecting the writing of legislation and The rivulets, the small streams, the great present Court, well organized and well fi­ Congress would give the same consideration rivers run brown with the precious soil that nanced, to use a controversial subject to to a judicial nominee's written opinions. each spring is lost forever. This is a heedless punish a sitting Justice and thereby threaten The fact of the matter is that, if we are to waste of the capital of a land ravaged by the every other judge in the country. The record continue selecting our judges in the present quick-buck builders and the highway pro­ gave these forces very little support. Mr. way, the treatment accorded prior judicial moters who will not be satisfied until the Justice Fortas had in fact contributed the opinions and legal background must be whole country is covered with concrete. deciding vote which sustained the conviction m ade more responsible. In an age when pro­ It has been going on for a long time. As of Ralph Ginzburg.2 Until he came to the fessors and students, p articularly law pro­ predictable as the first crocus, appeals come Court, no obscenity conviction had been sus­ fessors and law students, are so vocal on so to Washington for help under the Federal tained on the merits for more than a decade. many issues, one might h a ve expected these disaster act to repair :flood damage. The total Moreover, although Mr. Justice Fortas had groups to have addressed themselves to so far this year is $12,750,000 which is little not himself written an opinion for the these matters l ast summer, as many did enough alongside the vast sums this capital Court in any obscenity case, one of his sep­ with respect to the use of the filibuster. But deals in. arate opinions made clear his view that the few bothered to cry out when Mr. Justice Yet, as a measure of the cost of putting states had ample power under the Constitu­ Fortas was being pilloried for the Mallory a back bridges, restoring roads and sewage plants and providing temporary homes for tion to protect children from obscene mate­ and McNabb ~ decisions which were decided rials and to protect the public at large from long before he came to the Court and in the homeless, this says a lot about the cost p anderers. But those who opposed his nom­ which the Court relied not on constitutional of years of neglect and indifference. Of the ination totally overlooked his role in these interpretation but on the Federal Rules, an total, California, where the builders have cases, choosing instead to fasten upon his area in which Congress has always had stripped steep hillsides and perched houses votes in a number of minor obscenity cases power to act. Only a few joined Dean O'Meara and apartments on perilous slopes, got $8- decided by the Court without opinion. I deny in his brave effort to clear the air on the million. The balance went to Minnesota, anyone to draw any intelligent conclusion obscenity issue. In my judgment a certain North Dakota, South Dakota, and Iowa. While with respect to the Justice's position on the shame attached to this general silence. last January's prolonged rainfall on the West law of obscenity from these cases. The cases, Coast and the heavy snows in the Midwest But that is spilled milk. The profession, increased the likelihood of serious :flooding, as former Dean O'Meara of the Notre Dame and especially those who teach and write, Law School has pointed out, bristle with there is no reason to believe that the same ought now to correct those errors of omis­ thing will not happen next year and the year alternative grounds for decision relating to sion and help define for us some guidelines both procedural and substantive issues. Some after that aid infinitum, with the same de­ in dealing with the problems I have dis­ mands on Washington to pay for a patching cases involved genuine efforts at artistic ex­ cussed. To arms! i.e., to thought! pression, however misguided, while others in­ job again. volved no more than hard core pandering. On a recent tour of the Tennessee Valley Critics of the Justice did not make these this reporter saw an example of the work of distinctions. They used little more than case the Tennessee Valley Authority that has gone names as sticks with which to pummel him. OLIVER SPRINGS, TENN., DRAWS a long way toward eliminating :floods and re­ The same tactics characterized the attacks NATIONAL ATTENTION FOR SELF­ storing the health of the land in that region. on the nominee's role in such sensitive areas IMPROVEMENT PROJECT WITH The contrast showing what can be achieved of the law as criminal procedure and civil TVA ASSISTANCE by no shying away from that scare word, rights. planning, is striking. How unfair these t actics are! Even when Oliver Springs, Tenn., a town of 3600 had a Justice has written a m ajority opin ion for HON. JOE L. EVINS a severe :flood in July, 1967. It was in the the Court or has written a dissent, one can­ nature of a fl.ash :flood, as storm water roared not rightfully assume that one knows his OF TENNESSEE down Indian Creek which runs through the entire position. It is impossible for Senators IN THE HOUSE OF REPRESENTATIVES town. Oliver Springs has had 16 major :floods carefully to examine the records of thou­ Wednesday, May 14, 1969 since 1905, 11 occurring after the construc­ sands of cases which come before the Court, tion of nearby highways. much less the records on which a nominee Mr. EVINS of Tennessee. Mr. Speaker, As the towri surveyed the devastation to from a state or lower federal court has acted. Oliver Springs, Tenn., located in the schools, roads and homes in the steamy af­ Nor do we know, and it would he highly Fourth Congressional District of Tennes­ termath of the :flood, TVA came in. They did improper for a nominee to tell us, what al­ see, which I am honored to represent in not say, "Okay, we're going to put in some ternatives faced him and had an influence dams and fix things up for you." The first on his vote. Did he vote for a position with the Congress, has drawn national atten­ move in accord with long-established policy which he did not fully agree in order to stave tion because of its program of progress. was to enlist support from the townspeople off an even more distasteful result? Did he The program grew out of a disaster themselves. They were asked by TVA repre­ vote out of concern for the effect of this when a flood severely damaged much of sentatives, "Do you want to join in a com­ case upon another case, or upon another the city. The Tennessee Valley Authority mon effort to rebuild the town and try to area of the law? Surely the fact that a Jus­ stepped in to provide assistance as did insure that there will be no more :flooding? tice joins the opinion of one of his brethren other Federal agencies and, in coopera­ If you do, we're prepared to help." does not establish that he agrees with every Mayor J. H. Burney, a quiet-spoken Ten­ word, or that he would not have written the tion with local and State officials, Oliver nesseean who is a guard at the nearby Oak opinion differently, or even that he would Springs is well on the way toward a new Ridge atomic plant, saw what an opportunity not have come out the other way if he had era of growth and progress.' this was. He started in at once to get under­ the votes. I want to commend and congratulate standing and support for a comprehensive Even more disturbing, indeed frightening, Mayor J. H. Burney and other local plan to which local citizens contributed were the inquiries of some Senators as to leaders for their leadership and initiative ideas. Cooperating with Burney was Jim the identity of clients the nominees had in the matter. It has been my pleasure Point, a part-time TVA consultant working represented as an attorney. It was improper for a graduate degree in city planning at the to require Mr. Justice Fortas to justify the to work with Mayor Burney in the mat­ University of Tennessee. Point showed re­ pursuit of his professional duty in defending ter of securing approval of applications markable skill in beating a path through victims of political hysteria when that was for assistance from the Department of the jungle of Washington agencies involved decidedly unfashionable. Housing and Urban Development and in one way or another with the project and In short, our recent experience demon­ other Federal agencies and departments. pulling them together. strates to me the need for far greater re­ In this connection and because of the The result was a redevelopment program sponsibility in the use of the ammunition interest of my colleagues and the Ameri- that will cost $5,700,000. TVA will spend provided by a nominee's prior opinions. Of $1,920,000 including the share to be put up by Oliver Springs. The balance is from the course, the same is true when a state or 3 Mallory v. United States, 354 U.S. 449 gaggle of Federal agencies-Housing and (1957). Urban Development, the Water Pollution 2 Ginzburg v. United States, 383 U.S. 463 4 McNabb v. United States, 318 U.S. 332 Control Administration, the Appalachian Re­ (1966). (1943). gional Commission-that have a finger in May 14, 1969 EXTENSIONS OF REMARKS 12615 the pie. When the work 1s completed total that they have devised an excessively do not consider this burdensome in any benefits on a.n average annual basis are put personal and burdensome questionnaire circumstance, particularly when com­ at $1,344,600. This 1s broken down in flood prevention, the enhancement of land values, that goes far beyond the census as we pared with prior censuses. All in all, the public housing, recreation and the savings used to know it. This, of course, is not census has been tr.immed enough. We in transportation as a. result of rerouting so. cannot afford any further cutback. highways. Let us go back a century, to the late None of the intended questions, I as­ Nothing could better illustrate TVA's pH­ 1800's. In those years there was no sure my colleagues, is frivolous. Not one mary goal-to build up the region so that Bureau of the Census to bear the credit is an unnecessary, busy, nose-poking people will want to stay rather than migrate or the blame. The Congress itself de­ inquiry, as some would have us be­ to the cities. With seven Southern and bor­ der states in the region, including !Mississippi termined what questions were to be lieve. Each is of broad public interest and Alabama, TVA claims the rate of migra­ asked. And every question was asked of and serves a clear governmental pur­ tion for Negroes has been cut in half over every person. There was no sampling of pose. And taken together, the questions the past three decades. At the start of the the sort which next year will make it on people, on employment, and on hous­ experiment in reconstructing a whole area possible to limit to a bare minimum the ing are interrelated, one with another. two-thirds of employment was in agriculture, number of questions for the great ma­ For example, the replies to questions with 12 per cent in manufacturing. This is on years of schooling, on income, em­ reversed today, with 30 per cent in industry jority of citizens and still collect suffi­ and 12 per cent on the farms. ciently useful information from the ployment, quality of housing, and other Strict conservationists grouse over some remainder. items can be cross-tabulated to show the TVA decisions where favorite trout streams In 1870, 100 years ago, Americans were relationship between education and en­ and a. bucolic setting are the issue. But TVA asked by direction of the Congress vironment, between levels of schooling has built 22 major lakes that are a source whether they were able to read or write, and occupation, success in other areas of of plea.sure and profit to hundreds of thou­ and whether they were deaf, dumb, blind, life, and so forth. The kind of data that sands not only in the area but for visiting can be obtained is as varied as it is useful. vacationers. insane, or idiotic. In 1880, the household Denounced as socialism at its inception, acknowledging a mentally defective Many more questions could be asked. TVA by the year 2009 will have repaid the member was asked: Much more data could be compiled. As Government all money invested in power fa­ Is this person restrained by a strap, strait­ a matter of fact, hundreds of inquiries ci11ties through appropriations, and the prop­ jacket, etc.? Is this person kept in a cell or are proposed for each census but must erties will still be Government-owned. Today other apartment under lock and key? What be rejected after careful review and eval­ Federal expenditures in the area are only 60 is the size of his head (large, small or uation by professionals in the Census per cent of the national average and that natural)? includes Oak Ridge and the space installa­ Bureau. Questions are accepted only tion in Alabama. While the TVA pattern In 1890 the same questions were in­ when they meet the Census Bureau's rig­ might not fit another region, the lessons a.re cluded, and more were added. The census orous criteria. there to be learned as America's rivers else­ takers, instructed by Congress to do so, I will have more to say on later occa­ where run brown with irreplaceable topsoil. asked each citizen whether he was suf­ sions about other aspects of the census fering from an acute or chronic disease­ which have been misinterpreted or mis­ and what disease it was. They noted represented. So that I will not be mis­ whether he was a prisoner, convict, understood, I want to reassert now my THE CENSUS, NOW AS THEN homeless child, or pauper. And there firm belief that the Congress has a vital were supplemental questionnaires for interest in the development of the cen­ such persons as the inmates of soldiers' sus. And I support a more extensive HON. ARNOLD OLSEN homes or benevolent institutions. The study of how that interest can best be OF MONTANA number of different inquiries rose that exercised. IN THE HOUSE OF REPRESENTATIVES year to a peak unequaled before or since. For the moment, let me repeat that Wednesday, May 14, 1969 The better part of a decade was required the census planned for 1970 in no way constitutes an undue burden on the in­ Mr. OLSEN. Mr. Speaker, I am com­ to complete and total up the census. Its objectives was being smothered in dividual citizen. It does not abuse the pelled once again to speak out in behalf citizen's right to privacy. But it will pro­ of one of the Nation's oldest institu­ details. So, to anyone who has been led to vide valuable information that can be tions--the decennial census. put to effective use for every citizen. It does seem incongruous for a Mem­ believe the 1970 census is the product of ber of this body to feel obliged to defend an increasingly overzealous Government, a truly democratic process, established I would suggest that he contrast the by our Founding Fathers and honored by censuses of a century ago with those of THE DEVELOPMENT OF LATIN each succeeding generation. But I can­ more recent years. The scope of the cen­ AMERICA AND MEXICO WITHIN not stand by when this hallmark of our sus has, since 1940, been broadened to THE ALLIANCE FOR PROGRESS heritage continues to be subjected to un­ cover housing as well as population. The warranted, unfounded allegations. I can­ world and its problems are more com­ not be indifferent when the historic role plex. The pressures of time are more HON. ELIGIO de la GARZA of the census in our life as a nation is demanding. The Congress is called upon OF TEXAS obscured by misinformation and misun­ to consider many more complicated ques­ IN THE HOUSE OF REPRESENTATIVES derstanding. tions of public policy. Yet, the census I want to do my part to correct these questionnaires are more compact and Wednesday, May 14, 1969 misconceptions. I am especially con­ the inquiries more tightly drawn. Mr. DE LA GARZA. Mr. Speaker, we cerned, for, as a member of the Subcom­ In 1970 the number of questions will have been very fortunate in the past mittee on Census and Statistics for 8 be just about the same as in 1960 and that our sister Republic of Mexico has years, I came to appreciate fully the im­ 1950. There will be fewer than were asked always honored our country by sending portance of the census and the value of in 1940. As a matter of fact, the average its ablest and most illustrious statesmen the information that only the census can in 1970 will be less than in any census to serve as ambassadors to the White obtain. for more than 100 years. House. The present Ambassador, His Ex­ Unfortunately, many of us have a tend­ Only five questions dealing with popu­ cellency Hugo B. Margain, continues in ency to forget-almost to the point of lation will be asked of each person in every sense this precedent, for he rep­ being unable to recall that we partici­ four households out of five. The longer resents his country with honor and dis­ pated in a census less than 10 years ago, form which goes to one household in tinction, and yet is a cordial friend and just as all Americans have taken part five, under the sampling procedure re­ a perfect gentleman to all who know in this survey of population and progress cently announced by Secretary of Com­ him-indeed the true mark of a great once a decade since 1790. And as I look merce Stans, will include 23 additional diplomat. Recently, Ambassador Margain back to each preceding census, I am population questions. Eleven of these delivered a most interesting lecture to forced to ask myself what all the current are limited to persons over 14 years of the Mexican Chamber of Commerce of commotion is about. age. Even on the longer form there will the United States. He did so in his usual We hear that planners of the 1970 be only 23 housing questions, including scholarly masterful way. It contains census have overstepped their bounds, the 13 that appear on the short form. I some quite interesting data about our CXV--794-Part 9 12616 EXTENSIONS OF REMARKS May 14, 1969 friends to the south and should be of least 5.5 % in order to reach the goal of 2.5 % wealth in Latin America found out the fol­ per capita. Therefore, in having reached a lowing data: In Argentina, as well as in great interest to the Members. I, there­ growth of only 4.5 % it means that the region Brazil and in Mexico, 10% of the population fore, very respectfully submit the same did not reach the minimum stipulated in the receives approximately 40% of the total in­ for your consideration: Charter of the Alliance for Progress. From come, while 40 % of the population of lowest THE DEVELOPMENT OF LATIN AMERICA AND 1961 to 1967 the growth per capita of the 18 income receive from 10 to 14% of the total MEXICO WITHIN THE ALLIANCE FOR PROG­ Republics who signed the Alliance for Prog­ income, a situation that has remained un­ RESS ress, was of 1.5 % changed since the early part of 1960, ac­ It is a pleasure for me to be with you in Let us now move to analyzing the situa­ cording to the document mentioned. New York and to participate in the annual tion in the different countries of the region, It is evident in the light of the foregoing luncheon-meeting of the Mexican Chamber studying the increase per capita obtained in information that we have to activate all of of Commerce of the United States. The spe­ each one of them. the instruments of redistribution that we cial envoy of President Richard M. Nixon, In 1967, Panama obtained 4.7%. Bolivia have at our disposal, in order to prevent Governor Nelson Rockefeller will arrive on 3.4 %, in third place Mexico with 3.1 % and such a marked disparity in income-the the 11th of this month in Mexico. He will an estimated 3.3% for 1968. Panama has a ferment of all social tensions that can erupt ' population of 1,329,000 inhabitants and Bo­ into violence. We must give special attention also visit other countries of Latin America ' for the purpose of listening to what we may livia 3,800,000, and Mexico with 45,671,000 tu the income of the rural areas, which con­ \ have to say and to study what can be done inhabitants is the most highly populated stitute the part of the population that suf-· to meet the goals of the Alliance for Progress. Spanish speaking country. Peru with 12,385,- fers more hardships and limitations. This is a timely subject, and several excel­ 000 inhabitants reached 2.6 %. Chile with The earnings of foreign exchange of t he lent studies have appeared regarding the re­ 8,925,000 inhabitants obtained 1.8%; Vene­ countries of the area is indispensable to ac­ sults obtained up to the present time, during zuela with 9,352,000 inhabitants reached celerate progress. The countries that depend the existence of the Alliance for Progress 1.5 %. Colombia with 19,215,000 inhabitants, on a limited number of exportable products, signed at Punta del Este in 1961. One of those 1.1 % ;... Brazil with 85,655,000 inhabitants had even when they have them in great quan­ studies has just been submitted to the House 0.9 %. Argentina with 23,031,000 inhabitants tities and if they produce foreign exchange of Representatives of the United States, last had 0.4 %. for them, are at a great disadvantage. Any March, entitled "A Review of Alliance for It is hoped that in 1968 the minimum goal fluctuation of prices in the international Progress Goals" ("A Report by the Bureau Of 2.5 % per ca.pita was reached in the Latin market, almost always of a downard trend, for Latin America, Agency for International American region, due to the economic re­ can produce an internal crisis. Consequently, Development") . An evaluation of develop­ covery of Brazil, Argentina and Colombia, the greatest diversification in exports is con­ ment in Latin America is made in this re­ and the high rate of growth of Mexico and ducive to greater stability in income from view, and a comparison is made of the re­ Venezuela. abroad, thus preventing violent political­ sults of different countries, in connection Productivity per person in Mexico was social upheavals. With each one of the goals outlined at Punta $507.00 Dollars, one of the highest in the The increase of exports for the purpose of del Este. I will be referring to Mexico as one region. accelerating the progress of our countries of the countries in this vast continental ex­ Let us now analyze this subject of the is not sufficient; it is also necessary to send to tension, highlighting what has been done in total growth in Dollars and the per capita in­ the international markets, not only raw ma­ my country, as reported in the study men­ come in Dollars of the more highly popu­ terials subject to variations in their prices, tioned, in comparison with what has been lated and more extensive countries of Latin but also manufactured products, that aside done in the other countries, so that we may America. Brazil had in 1960 a total gross from maintaining a relative stability in their put Mexico in the place it deserves. I will national product of 20,080 million and in prices, they signify an increase in the income take the statistical data from the research 1967 it reached the 27,100 Inillion, which of ea.ch . country, because of the fact that presented to the Congressmen of the United allowed it to pass from $286.00 per capita they are products of a greater economic States, carried out by experts in interna­ to $316.00 during the years mentioned. content. Giving one single example, let me tional studies, and divorced from any par­ In Argentina in 1960 the gross national refer to cotton: Each kilogram of baled tial inclination. I will not mention any Mex­ product was of $13,780 million and in 1967 cotton that Mexico exports, produces 7 .00 ican statistics, and when my source of in­ it rose to 16,550 million. During the two Pesos (U.S. $0.56); if it transforms it into formation is different from the study re­ years mentioned it passed from $667.00 per yarn then the price doubles and even triples ferred to, I shall so indicate. capita, to 718.00. itself from 15.00 to 22.00 Pesos (U.S. $1.20 to The member countries of the Alliance for During the same period the growth of $1.76) per kilogram; if the industrial trans­ Progress were in agreement in setting as a the gross national product in Mexico was formation of the fiber goes as far as crude goal an economic increase of 2.5 % growth more dynamic, having reached the figure textiles, the price reaches an average of 30.00 rate per capita per year. This indicator of of 15,150 million in 1960, and 23,160 million to 35.00 Pesos (U.S. $2.40 to $2.80), and in growth per inhabitant combines the gross in 1967, meaning that we gained 8,010 mil­ finished products it can go as high as 80.00 national product and the population in­ lion while the gain in Brazil was of 7,020 Pesos per kilogram (U.S. $6.40) , that ls to crease. It was considered that the 2.5% men­ million and in Argentina 2,770 million. As say that in montary terms, if we transform tioned as a minimum was pertinent, due to a result of the efforts carried out, the per bale cotton, the raw material, into a finished the fa.ct that the income per person could capita income in Mexico climbed from $420.00 product, the income from this source would be double in 28 years. This measuring stick in 1960, to $507.00 in 1967. increasE" more than 10 times. has also served as a pattern to measure the Venezuela hat: had an important economic The industrial transformation also means governmental efficiency or incompetence, growth. In 1960 it had 6,060 million of the establishment of new factories, where and although this isolated data should not G.N.P. and in 1967 it reached the sum of employment is offered to laborers, skilled be used to make comparisons between differ­ 8,340 million, which, with the population laborers, technicians and scientists; fac­ ent countries, because the purchasing power of less than 10 Inillion inhabitants in 1967, tories absorb the products of the country, varies in each of them, and although it tells it has the highest per capita income in they generate taxes; they activate the means us little of the due redistribution of income, Latin America-$823.00 in 1960 and $892.00 of transportation and communication, and in it is nevertheless one of the mose efficient in 1967. Venezuela is in 1967 at the head of one word, it means industrialization-the instruments at our disposal now, for measur­ the list of the income per capita; Argentina final stage in the economic progress of the ing the progress of nations, as it brings to­ following with $718.00; in third place countries. When we speak of a wealthy na­ gether consumption, investments and ex­ Panama with $568.00; Chile in fourth place tion, we are speaking of a highly indus­ ports, on which the growth and the social with $563.00; Uruguay in fifth place with trialized country. welfare depend. $547.00; and Mexico in sixth place with Precisely, the Latin American zone is not During the existence of the Alliance for $507.00. an industrialized region; we are, in general Progress (1961-1968), Latin America reached As it was stated before, mere statistics terms, beginning the basis of industrializa­ a growth of 4.5 % per year of the total gross of the economic progress and of the per tion, which will allow us to meet our na­ nat ional product- of member countries. Dur­ capita income reveal nothing about a great­ tional needs, doing away with costly imports ing the same period, the average growth in er equity in the distribution of wealth, from the wealthy nations and on a second the United States has been higher, having which is a fundamental goal in countries stage trying to export the goods produced in reached the figure of 5.1 % . where there is a tremendous difference of industries of the region in competition in the Let us compare the Latin American growth wealth and a tendency for the concentra- international m.arkets, in order to obtain wit h that obtained in other areas of the , tion of wealth in a. few hands within a gen­ the highest possible incomes indispensable world during this same period. The countries eral framework of poverty. The growth of for the economic social progress of our coun­ of the OECD had a growth of 4.3 % and the the so-called middle class, fundamentally tries. underdeveloped region of Southern Asia, in absorbing part of the population of low in­ As to the objectives outlined: diversifica­ which India., Pakistan and Ceylon are con­ come until these social strata are liquidated, tion of exports and the export of manufac­ sidered, reached the figure of 4.2 %, while is one of the most ambitious goals to be tured goods, Mexico, according to the docu­ Afrioa showed an increase of 4 % . reached in Latin America.. ment mentioned before, has met these goals Now then, since Latin America has one An economic commission of the United in an outstanding manner. of the highest percentages of population Nations, which was created to study in 1967 Let us examine the corresponding figures. growth, it requires a constant increase of at the economic structure of the distribution of During the years 1962 to 1966, of the total May 14, 1969 EXTENSIONS OF REMARKS 12617

Mexican exports, an average of 22.6% were Dr. Theodore W. Schultz, has been able to success we have had, a.nd a major one has manufactured. goods, the highest of the balance its development in both fields, the been the agrarian policy of the distribution whole region, and therefore the study con­ agricultural and the industrial. In his trea­ of land, together with the modernization of cludes that "manufactured goods were the tise "Economic Growth Theory and Profit in agriculture and the granting of credits for principal factor of the general growth of the Latin American Farming," this professor of farming. Public education has been of prime gross national product in Mexico within this the University of Chicago states, "In achiev­ importance in our development, although period". . ing this success in agriculture, Mexico has we have not done away with illiteracy, which In the study mentioned, there is a com­ not neglected. her industry. Instead, eco­ has gone down according to BID to 22_5 % of parative table between the exports of Argen­ nomic incentives have been such that both the population in 1968. In other countries of tina, Brazil and Mexioo, with the following industry and agriculture have been growing the area, the index of illiteracy is much less, results: The total exports in 1962 were the rapidly." ("Agricultural Development in such as in Argentina, 8%; Chile, 10%; Costa following: Argentina 1,216 million Dollars; Latin America: The Next Decade," Inter­ Rica, 15 % ; Uruguay, 9 % ; and Trinidad and Brazil 1,214 million Dollars; Mexico, 899 mil­ American Development Bank, page 176.) Tobago, 11 %. Nevertheless, the effort put lion dollars. Of that total in that year, Argen­ The indicators of the industrial growth in forth by my oountry in this respect has been tina exported 42 million in manufactured. each country, however, give only a very gen­ impressive. For example, the number of sec­ goods (3.5% of the total; Brazil 37 milllon eral idea of the economic -progress. This in­ ondary school professors employed in Mex­ (3.1 % of the total); Mexico 208 million dex, for example, does not show whether the ico in 1960 were 51,830. Brazil had 58,296, (23.1 % of the total). industrial investments are the adequate ones and Argentina 22, 753. In 1967 the number From 1962 to 1966, according to the same and if in other fields the money employed increased in Mexico to 138,069, which placed comparative table, Argentina exported manu­ could have been more productive. With these it at the head of all the countries of the factured. goods for a total of 411 millions of limitations we can establish, following the area; Brazil follows with 114,997 and Argen­ Dollars. Brazil, during the same period, 407 study mentioned, that in the Latin American tina with 29,093. milllons of Dollars; and Mexico, 1,157 mil­ area manufactured goods contributed with In the study presented to Congress, Mex­ lions of Dollars. one fourth of the gross domestic product, ico is considered in the first group of Latin This fact that we have just analyzed illus­ while agriculture, the exploitation of forests American countries with greater stability of trates the industrial capacity of Mexico, and fisheries contributed with one fifth. In prices. The data presented in the report on which we have achieved during the last four the generality of the countries the industrial this subject reveal that from 1961 to 1967, deoades, thanks to the investments in infra­ growth from 1960 to 1966 was of 40 % . In Mexico has had a total of 16.3 % increase in structure carried out by the State; to the Panama and in El Salvador it grew more or the cost of living, while Argentina experi­ capacity and organization of the laborers; less 50 % , and there was an increase of 66 % enced an increase of 325.4% and Brazil an in­ to the activity of the technioians and the in Peru and in Mexico. As we can see, Mexico crease of l,413.2%. Venezuela had a lesser scientists; to the technical assistance re­ was located in the study in question, together increase along these lines with only 2%; ceived from abroad; and to the new em­ with Peru, among the countries who most Pana.ma with 5%; Guatemala 2 %; El Sal­ presario who has social conscience in his increased the production of their manufac­ vador 4.1 % and the Dominican Republic with activities. We all know the difficulties that tures in this decade. 10_6%. we had to face in order to place 1,157 mil­ Another interesting indicator in relation to As to gross investment, Mexico occupies lions of dollars in manufactured goods within industrialization is the production of elec­ first place; in 1960 Brazil was leading with a period of five years. tric energy. According to the report, the pro­ 3,569 million of dollars; in second place Ar­ This is the result of a collective effort car­ duction of electric energy in the area rose gentina with 3,207 million of dollars; and in ried out in an admirable form. We have been from 69 b1llion kilowatt-hours in 1961, to 100 third place, Mexico with 3,020 million of dol­ able to compete in the international mar­ billion in 1966 and it is estimated at 106 bil­ lars. This situation varies and since 1964 to kets, where one may enter only when the lion for 1967. Two thirds of this electric 1967, Mexico is in first place in gross invest­ quality of the product is good and the prices power were produced in Brazil, Mexico, and ments. I shall give only the figures for 1966: can compete with those of the highly indus­ Argentina. The report to the House of Repre­ Mexico, 4,570 million of dollars; Brazil 3,723 trialized. countries. Furthermore, since Mex­ sentatives concludes with the following fig­ million of dollars; and Argentina 2,900 mil­ ico is a country that ls only beginning its ures: "the relative increase in these coun­ lion of dollars. In the study in question, it is exports of manufactured goods, it has to tries was: Brazil, 34 % ; Mexico, 62 % , and estimated that for 1967, gross investments overcome innumerable barriers and diffi­ Argentina, 33 % . were: Mexico, 4,940 million of dollars; Brazil, culties in the international markets, always Agricultural productivity by area is sub­ 4,065 million of dollars; and Argentina, 3,240 full of unpleasant suprises for those coun­ jected to examination in the study presented million of dollars. In conclusion, in this point tries that enter these markets for the first before Congress. Of the 18 countries studied, of capital importance, according to the study time. 12 have increased their productivity in the 5 presented to the American Congress, from We have been able to forge ahead in this principal crops of each oountry in the years 1960 to 1963 Brazil carried out a gross invest­ field, thanks to a sustained internal effort and 1961 to 1966, and the increase goes from ment of 15,661 million of dollars; in this same to a determined battle to open markets for 0.8% in Paraguay, to 24.3% in Mexloo, which period Argentina occupied second place with our products in the centers of high consump­ is the country tha.t has achieved the highest 12,384 million of dollars, and Mexico third tion, which always correspond to the highly productlvity. Chile follows with 18.8%. Agri­ place with 11,460 million of dollars. From 1964 integrated countries, who quite naturally are cultural development in Mexico is the most to 1967 the situation was as follows: Mexico reluctant to give up their markets to the de­ important of Latin America, according to in first place with 17,810 milllon of dollars; veloping countries, in detriment to their own professor Theodore W. Schultz, who in his Brazil in second place with 14,941 million of interests. The revolutionary movement which treatise already mentioned underlines the dollars, and Argentina in third place with started in 1910 clearly showed us that in fa.ct that the success obta.l.ned in Mexico is 12,285 million of dollars. order to accelerate the economic-social prog­ due to the agricul.tural research centers and As a result of the development attained in ress of Mexico, it was necessary to break with to the use of modern fertilizers at a low my country, based on agricultural develop­ our situation of economic serfdom, which price. Dr. Schultz says: "Although too me.ny ment and industrial integration; as a result shackled us to produce and export only raw of the oountrles of Latin America have done of the increase of the internal and inter­ materials and to be consumers of the great badly in agriculture, the success of Mexico national market, and of the greater pur­ centers. With the view of liberating our­ is most instruotive. It has no equal in Latin chasing power of the masses, the gross na­ selves economically, atfer we had gone America. in view of the more than 5 pez: cent tional product of Mexico in 1968 reached through the cruel period of the fight, the oompound rate of growth in agricultural pro­ first place according to statistics of the In­ process of industrialization was begun, hav­ duction between 1940 and 1962 and the fur­ ternational Monetary Fund. As a matter of ing to overcome great difficulties of an in­ ther more than 8 per cent of increase in cirop fact, a.t 1964 prices, in 1968 Mexico had a ternal order in order to project ourselves output between 1963 and 1965". The agri­ gross national product of 21,983 mllllon of abroad, having to surmount different and cultural development of Mexico is presented dollars; Brazil was in second place with greater difficulties, which are always present by Schultz as an example of what the use 20,591 million of dollars, and Argentina in in the exports to the international markets. of fertilizers and insecticides and the research third place with 17,589 million of dollars. The desired goal in trying to industrialize programs can do for a country. "We can As a result of the economic developn;ient the Latin American area is twofold: the pro­ learn much from Mexioo on this score", he that has taken place in Venezuela and in duction of goods on the one hand, and there­ says, and adds, "Hopefully, Latin Americans, Mexico, and of the constant increase in their fore the creation of wealth, and on the other will be increasingly disposed to take this monetary reserves and the consequent firm hand that of providing opportunities for pro­ lesson to heart". monetary parity with the dollar, there has ductive and well-remunerated labor to the As we can see, in Mexico industry has de­ been a tendency in the Inter-American De­ population. In trying to establish industrial veloped in such a manner that l.t is the coun­ velopment Bank not to authorize soft loans complexes in the underdeveloped countries, try that exports more manufactured goods ear-marked for social ends, while this type this has sometimes been done in detriment of the Latin American countries, and on ~he of a loan is authorized for the rest of the of agricultural progress or that of educa­ other hand it is also the one with the great­ countries in Latin America. This attitude of tion; and thusly a wise policy is that which est relative development in the field of agri­ discrimination was vigorously attacked by finds a balance between progress in the farm, culture. The efforts that Mexico has ma.de in the Secretary of Finance and Public Credit industrial integration and the education of the field of irrigation are really remarkable of my country, during the last meeting of the people, which basically are complemen­ because nature has not been prodigal in this the IADB in Guatemala. It is not justifiable tary. Mexico, according to the opinion of aspect. Another contributing factor to the that as a consequence of such a meritorious 12618 EXTENSIONS OF· REMARKS May 14, 1969 effort put forth by Mexico and Venezuela, we Jersey took from the American scene a later became chairman, himself an ex­ be denied loans at the longest term and with man of great distinction. He made a a low rate of interest. In Mexico we need to tremely able member; the late Ralph rescue from poverty and ignorance, large mark on history which will be recognized Gwinn of New York; the late Sam Mc­ segments of the population, who have not and appreciated for generations yet to Connell, Jr. of Pennsylvania; the late yet participated in the benefits of the rela­ come. Clare Hoffman of Michigan; Carroll tive progress achieved. We hope with con­ Fred Hartley served in the House of Kearns, also of Pennsylvania; and others fidence, that this situation will be modified Representatives for 20 years-- from 1929 too numerous to mention. All of them, as soon as possible. to 1949, when he .. voluntarily retired. He without exception, respected the fairness In international trade the rule of strict became chairman of the Labor Com­ reciprocity has varied. Since the 1st. and the and the dedication of Fred Hartley. 2nd. meetings of UNCTAD there have been mittee in 1947, at a time when labor Mr. Speaker, Fred Hartley was a great discussions and it has been accepted that the unions were operating at the peak of ir­ patriot. He spent time and money in aid­ highly developed countries should grant pref­ responsibility. Excesses and · abuse of ing and encouraging youngsters to seek erences to developing countries, that should power, under the sanction of the old and the better life. He was a prominent spon­ be of a universal type, non-discriminatory, discredited Wagner Act, were common­ sor of the Golden Gloves tournaments in and not reciprocal, in order to correct the place. As history has recorded, many of Washington, and for years the Fred effects of international trade, which con­ the union leaders were pampered and Hartley Award was much sought after by stantly accumulates wealth in the larger wet-nursed by politicians, to the extent centers, so that the abysm that separates contestants. these two groups of countries is widened that the Nation had become groggy from Always surrounded by friends, Hart­ from day to day. This is an important year a long series of ill-advised and wholly ley's company was much sought after. He in this respect. The Commission on Prefer­ unjustified strikes. Big name labor lead­ was affable and sincere, always anxious ences, of UNCTAD in Geneva is working to ers had become spoiled by overattention to help the worthy and deserving. I re­ formulate a list of semi-manufactured and and excessive power granted by the Con­ garded him as a personal friend. The manufactured products, over which the large gress. The time was overdue for reform. American people owe Fred Hartley an centers are in agreement in allowing prefer­ It ences to the developing countries. Since the was in that setting that Fred Hart­ everlasting debt of gratitude. Governments of the Latin American coun­ ley became chairman. Fortunately for To Mrs. Hartley and other members of tries were worried by the abstention of the the Nation he had the courage, intelli­ his family, I extend my deepest sympathy United States in presenting a list of these gence, and sense of responsibility which in their bereavement. products to the Commission in Geneva, in was needed and was put to good use. I accordance with the approved calendar was a member of that committee and (March 1st and April 28), they gave instruc­ attended every session of the hearings DR. VIRGINIUS D. MATTIA tions to their Ambassadors accredited before on proposed changes in the Wagner Act. HONORED the White House, to present a collective note to the United States on this transcendental The chairman was fair and objective.as matter. In this respect we are certain that hearings continued for weeks and scores HON. JOSEPH G. MINISH the Unied States will honor its commitments of witnesses were heard. and that in 1970 the treatment of non-recip­ Unfortunately, the heads of the big OF NEW JERSEY rocal preferences of a general type will unions did not choose to cooperate. A IN THE HOUSE OF REPRESENTATIVES begin. virtual boycott on their part ensued de­ Wednesday, May 14, 1969 However, out of this general thesis my spite constant urging that they come country is willing to study concrete cases Mr. MINISH. Mr. Speaker, it was my in the United States, in which there can forth with constructive suggestions. privilege to be among the 2,000 guests be reciprocity: I refer concretely to the duty­ Some of them grudgingly appear-ed, but who attended the 125th anniversary din­ free importation of Mexican alcoholic bever­ offered no usable ideas. ner of the B'nai B'rith in the Waldorf ages, which was recently reduced from one Under Hartley's able leadership the Astoria Hotel in New York City on May 7. gallon per tourist, to one fifth of a gallon. committee reported a measure which The felicitious choice for the 1969 Hu­ Mexico has proposed that the amount of al­ was both progressive and constructive. coholic beverages that can be brought to this manitarian Award conferred at this no­ country duty-free by tourist be increased, The accent was on the public interest to table event was Dr. Virginius D. Mattia, and on the other hand we will afford the be served, and both labor and manage­ president of Hoffmann-LaRoche, Inc., of same treatment to American alcoholic bev­ ment were treated fairly. The Hartley Nutley, N.J. erages that tourists from both countries can bill was approved in the House, and al­ In honoring Dr. Mattia, B'nai B'rith take to Mexico duty-free. though weakened and watered down did justice to the noble principles that We must not lose sight of the fact that the considerably in the other body, it was have guided this great organization over increase in the interchange of trade between enacted and became known as the Taft­ the past century and a quarter of its il­ Mexico and the United States is beneficial Hartley Act, finally approved over a veto to both countries. As a result of our in­ lustrious service to humanity. dustrialization, we require a constant and in­ by President Truman. Few men are endowed with the intel­ creasing purchase of machinery in this coun­ Mr. Speaker, the late Fred Hartley is lectual capacity, business acumen, enor­ try, so that we live with a constant deficit entitled to much credit for that historic mous energy and wide-ranging interests in our balance of trade. This phenomenom accomplishment. He was guided by a that have made Dr. Mattia a command­ has actu_ally become more acute, and in 1968, deep sense of duty to the American ing figure in his profession and industry. for each dollar that Mexico sold to the United people, and he never faltered in advanc­ States, we acquired merchandise in the Rarer still is his combination of the United States for $1.58. In the measure that ing that reform in the highly controver­ practical and idealistic-his belief that the dollar income in Mexico from any con­ sial field of labor legislation. in this life God's work must truly be our cept is increased, Mexico immediately in­ It is of interest to note that serving own-as evidenced by his sponsorship of creases its imports from the United States. on the Labor Committee during that free medicine for the indigent from his For this reason any restriction to the increase Congress were two freshmen both of company, jobs for the disadvantaged in our economic relations cannot be benefi­ whom were destined to later become through the National Alliance of Busi­ cial. Such restrictions harm us very seriously, Presidents of the United States-the and although to a lesser degree, they also af­ nessmen and his innumerable other acts fect the United States. Consequently, the late and lamented John F. Kennedy and of charity and compassion for suffering more trade there is between our two coun­ Richard Nixon. I recall that although humanity. He has set an inspiring exam­ tries, the more progress there will be for both. their views often differed they were both ple of enlightened business leadership quite active throughout the hearings. that realizes that our free enterprise sys­ A number of others who were on that tem must be motivated by more than committee were equally as interested. Of simple economic self-interest. THE LATE FRED HARTLEY the 25 who were on that group only three Mr. Speaker, in a perceptive editorial are still in the House-myself, the gen­ of May 7, the Newark Star Ledger paid tleman from Indiana, Mr. MADDEN, and fitting tribute to the qualities that HON. 0. C. FISHER the gentleman from New York, Mr. prompted B'nai B'rith to select Dr. OF TEXAS POWELL. Others who were particularly Mattia for this 1969 Humanitarian IN THE HOUSE OF REPRESENTATIVES active, as I recall it, included such dis­ Award. The editorial follows in full: Wednesday, May 14, 1969 tinguished members as Wint Smith of [From the Star-Ledger, May 7, 1969) Kansas; himself a tower of strength; the HUMANITARIAN Mr. FISHER. Mr. Speaker, the un­ indomitable Wingate Lucas of Texas; In an affluent era, where an imbalanced, timely death of Fred Hartley of New Graham Barden of North Carolina, who premium value is placed on materialism, the May 14, 1969 EXTENSIONS OF REMARKS 12619 thread of humanitarianism too often be­ of America. Why isn't the flag flying on every [From the Philadelphia Inquirer, comes obscured in our social fabric. But a rooftop and from every home and building? May 1, 1969] profound, abiding concern for one's less for­ This complacent attitude is strong evidence CONSOLIDATING FEDERAL Am is tunate fellow man ls the distinguishing of cancerous patriotic decay. The :flag a According to the 1962 Census Of G<>vern­ mark of mortality, the imprint more indel­ symbol of our national unity. It 1s the spirit ments, there were in this country more than libly impressed than any notable achieve­ of our undying devotion to our country. It 90,000 identifiable units of state and local ment in public or corporate service. stands for the best that is in us . . • for governance. There are probably more than There are some men and women-un­ loyalty, character, and faith in democracy. that by now. And every one of them is influ­ Isn't our flag a synonym of the United fortunately the number is small in compari­ enced, if not assisted with grants, subsidies son with contemporary human suffering and States of America? Does it not represent or loans, by the federal government--whlch man's greatest, noblest, most sublime dreaxn? deprivation-who have been able to retain seems at times to have a matching "identifi­ a fulfilling sense of social responsibility, Is it not the zenith of achievement, the goal able unit" of its own for every one out in the even in a system where the profit factor is an to which generations have aspired? Ladies and gentlemen, I believe it is time country at large. obsessive symbol of the fierce competitive­ The scramble for federal assistance, then, ness of the free enterprise system. for us ... for the mad rushing, Twentieth Century American . . . to stop for a mo­ well deserves the understated term "tangle" In precise, human terms, it is a difficult which President Nixon used in asking Con­ role to fill. ment and think. Let us arrest our near rev­ But it has been filled, in full compassion­ erential admiration of material success and gress for authority to consolidate aid pro­ ate dimension, by the president of a major, return to the spiritual and ethical values. grams. These programs, to which Philadel­ Let us imbue and rekindle in ourselves and phia is no stranger, nor the State of Penn­ Jersey-based drug firm, Dr. V. D. Mattia, sylvania, either, handle billions upon bil­ who is being given tonight the 1969 Human­ our children the so-called old-fashioned way itarian Award by the worldwide B'nal B'rlth of patriotism, a burning devotion to the lions of the taxpayers' dollars every year. organization for his "service to humanity ... principles and ideals upon which our country The potential for waste, overlapping and personal beneficence ... leadership in causes was founded. empire-building by bureaucrats, which we which promote brotherhood." Should not every home own and proudly may be sure has been fully exploited at "Barney" Mattia is a rugged individualist display the colors on holidays and other such every turn, is almost infinite. So is the ex­ in an industry that has been censured and occasions? Isn't the flag Patrick Henry, Jef­ asperation and frustration of local govern­ railed against for profiteering and price-fix­ ferson, Franklin, Washington, Nathan Hale, ment officials who have to go to Washington ing (which three of its members tacitly ad­ Gettysburg and Valley Forge, Paul Revere, for help, only to be referred and deferred mitted with their agreement to refund $120 Jackson and other great men and women and passed along from one red tape deposi­ million to purchasers who felt they had been who have given us our heritage. When you tory to another for months or years. overcharged). Dr. Mattia declined to jointly look at the flag can't you see the Alamo, The President now seeks authority to put underwrite a massive promotional campaign Corregidor, Pearl Harbor, The Monitor, The scattered pieces of the jigsaw puzzle to­ to cosmeticize the industry's down-at-the­ Merrimac, Wake Island, and Korea? Lest we gether-for efficiency, savings and common mouth image, but his firm each year gives forget, isn't the :flag Flanders Field, Bataan, sense. There is sure to be controversy over away $1.4 million worth of pills to needy Iwo Jima, Normandy, Babe Ruth and Davy the proposal if only because a lot of time­ persons selected by physicians. Crockett? The great events of our past and servers are serving their time in sheltered It is a social program that is an amalgam present are wrapped up in our :flag. nooks where there is little work and less of humanity and corporate acuity, and the It is a symbol of this blessed nation, a. responsibility and they all have wives and latter does not diminish the spiritual and giant in industry, education and commerce. families and, probably, cousins by the dozens material worth of the act of helping those in Millions of fertile square miles, wheatlands, who all vote. difficult circumstances. The motivation can coal mines, steel plants. Our great republic, But it has been a long, long while since be gleaned from the man's own words: "I the chosen infant destined to be man's last anybody even made the effort. We are de­ came to the conclusion a long time ago that and remaining hope for suffering humanity, lighted that Mr. Nixon is willing to try. a man can reap the benefits of this great a shining beacon of light, noble and glorious, society for only so long before he's in debt the haven for the oppressed and persecuted to it." and truly God's gift to mankind. Barney Mattia has been amortizing that WASHINGTON STAR COLUMNIST debt, paying it off in impressive human in­ stallments. WARNS OF THREAT TO BLUE COLLAR PAY ADJUSTMENT MORTON URGES AUTHORIZATION SYSTEM TO CONSOLIDATE FEDERAL AMERICAN PATRIOTISM GRANTS HON. LIONEL VAN DEERLIN HON. CLARENCE E. MILLER HON. ROGERS C. B. MORTON OF CALIFORNIA OP OHIO OF MARYLAND IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Wednesday, May 14, 1969 Wednesday, May 14, 1969 Wednesday, May 14, 1969 Mr. VAN DEER.LIN. Mr. Speaker, 2 Mr. MILLER of Ohio. Mr. Speaker, at Mr. MORTON. Mr. Speaker, the Presi­ days ago I addressed the House on the a time when our great pat1iotic traditions dent has asked Congress to give him au­ subject of an impasse which has blocked are under almost constant attack by thority to consolidate certain Federal pay increases due some 13,000 blue col­ those who reject true American values, grant-in-aid programs, subject to a con­ lar workers in the San Diego area, and it is refreshing to read an editorial en­ gressional veto. which is threatening to destroy the sys­ titled "Can We Wave the Flag Too In his message to Congress on April 30, tem for awarding raises to all 800,000 of Much?" that recently appeared in the the President pointed out, and I com­ the Government's Wage Board em­ Caldwell Journal and Noble County pletely agree with him, that with more ployees. Leader-one of the outstanding news­ than 500 Federal aid programs now in The dilemma of these employees was papers in southeastern Ohio. I submit existence, the time has come to simplify explored in a recent article by Joseph this editorial for reprinting in the REC­ and coordinate the operation. Young, veteran civil service columnist ORD, as follows: States, cities, and other recipients find for the Washington Star. Since the prob­ CAN WE WAVE THE FLAG Too MUCH? themselves increasingly faced with a lem has nationwide implications, I feel Is it possible to wave the flag too much? welter of overlapping programs often in­ that Mr. Young's report will be of inter­ Provided, of course, that you wave it with volving multiple agencies and diverse cri­ est to many of our colleagues, and I am, integrity? Is it possible to study Lincoln or teria. As the President stated: therefore, including it at this point with Shakespeare too much? Is it possible to read my remarks: the Bible too much? This results in confusion at the local level, The great, the good, the true, are inex­ in the waste of time, energy and resources, DATA IMPASSE THREATENS BLUE COLLAR haustible for inspiration, example and and often in frustration Of the intent of PAY SYSTEM strength. I believe that we are not waving our Congress. (By Joseph Young) flag enough, not nearly enough. The President has taken a bold and The government's wage-setting program It seems to me that we are developing a for its more than 800,000 per diem (blue­ tendency to be timid or even apologetic long overdue step. A recent editorial in collar) employes is in danger of collapse be­ about waving the stars and stripes. Walk up the Philadelphia Inquirer commended cause of the refusal of many big companies and down the streets on July 4th and count him for his action. For the information to supply the salary data needed for wage­ the flags. It 1s our nation's birthday, a sacred of my colleagues, in include that edi­ comparison purposes. day in world history, the most important day torial: The pay of government blue collar work- 12620 EXTENSIONS OF REMARKS May 14, 1969 ers is determined by prevailing industry vides an excellent opportunity for all of Army's intentio°' to ship some 27,000 rates in the locality where they are employed. us to reconsider both the debt we all Until this year industry cooperated with tons of deadly nerve gas by rail from government on a voluntary basis in furnish­ owe to the independent entrepreneur as Colorado for disposal at sea. The hazard ing salary and payroll information for com­ the foundation of our free enterprise of such an operation to the public is parison purposes. system, and what measw·es can be taken both real and obvious, and I am pleased But last year a new federal wage board to insure the continuing vitality of this that the shipment is to be delayed pend­ system went into effect. under which for vital segment of our Nation. ing further ct;udy of the dangers in­ the first time government employe unions The trend toward the centralization of volved. What appears to me to be a sensi­ were represented on the wage-survey teams economic power in the hands of a de­ ble alternative to this questionable that compare federal blue collar pay with that of industry. creasing number of corporate giants method of disposal has been offered by Most of the government unions repre­ poses a real threat to the continued ex­ a scientist at the University of Wis­ sented on the federal wage survey teams are istence of many of our smaller busi­ consin. Professor Orme-Johnson of the AFL-CIO affiliates and many firms hesitate nesses. Partly because of this threat, a institute for enzyme researchJ in a let­ to furnish them the information, apparently Small Business Subcontracting Confer­ ter to Defense Secretary Laird with a fearful that this data subsequently would be ence and Workshop is being held today copy addressed to me, offers the sug­ turned over to the AFL-CIO unions with to consider a report on the small busi­ gestion that chemical means be used to . which they deal in negotiating contracts in­ nessman's position in Government sub­ render the gas harmless prior to its ul­ volving their own employes. contracting. That report was prepared timate disposal. I hope that the Defense The companies apparently feel that the .confidential pay data, including classifica­ in response to a recommendation of our Department will give due consideration tion Of jobs and ranges of salaries, could be committee. to this professional opinion, and to all used. to advantage by the unions in their One of the great opportunities before available means to protect the public plants. this Government today is to assist the from further CBW accidents. I, there­ Non-union companies have a more com­ economic development of minority com­ fore, include this letter in the RECORD pelling reason for being wary about giving munities. This is an area about which at this time. out wage and job information. The infor­ President Nixon has often expressed I would also like to call my colleagues' mation, 1f conveyed t.o interested unions, great concern. As the President himself attention to the observations on this could encourage organization attempts, and problem made by Columnist Laurence provide the unions with ammunition when so well stated in bis proclamation des­ such attempts are made. ignating this week as Small Business Stern in the Washington Post. I fully As a result of companies refusing to co­ Week: agree with his conclusion that-- operate, pay raises .for federal blue-collar A society which opens constructive busi­ It would be the height of folly not to workers in San Diego, Salt Lake City and ness opportunities to all of its citizens can have a national policy on an issue so po­ Denver have been held up. And the situation liberate and uplift the isolated minorities at litically charged and close to the horizon as is spreading to all parts of the country. the bottom. CBW. It's l!ufficiently serious for the House Man­ power and Civil Service subcommittee I am grateful for this opportunity to The important issues raised by our headed by Rep. David Henderson, D-N.C., to take note of this important observance CBW programs have been concealed schedule hearings within the next few weeks and to renew my pledge to do my utmost from the Congress and from the public to see what can be done. to preserve and strengthen the inde­ far too long. I include Mr. Stern's col­ The Defense Department, the government's pendence of America's small business­ umn also in the RE.CORD at this time. largest employer of blue-collar workers, is man. The above-mentioned material fol­ also very much concerned. Defense officials lows: say that unless industry cooperates the pay­ MAY 9, 1969. setting system for blue-collar workers will CHEMICAL AND BIOLOGICAL Hon. MELVIN LAIRD, collapse and some other type of pay system WEAPONS Secretary of Defense, will be necessary. The Pentagon, One alternative being discussed is to have Arlington, Va. the pay data collected by the Bureau of DEAR MR. LAmo: A story in the Milwaukee Labor Statistics. But the government em­ HON. ROBERT W. KASTENMEIER Journal of May 8 states that the Army in­ ploye unions are not happy about this either, OF WISCONSIN tends to dispose of 27,000 tons of obsolete because they fought for many years to have IN THE HOUSE OF REPRESENTATIVES CW gas by sinking tanks of it in the ocean. official representatives on surveys comparing This may well be inadvisable for the follow­ government blue-collar and industry wages. Wednesday, May 14, 1969 ing reasons: Mr. KASTENMEIER. Mr. Speaker, I (a) Fifty-four million pounds of any have been encouraged by the increasing organic compound represents a considerable public attention being given to the im­ financial investment. In the chemical process SMALL BUSINESS WEEK industry anything produced in excess of a plications of our Nation's chemical and million pounds a year is considered an im­ biological weapons programs. I first portant undertaking. One wonders whether a HON. SILVIO 0. CONTE raised the issue o-f our policy with re­ chemical processor could not be found who spect to the use of these terrible weapons would utilize the material in question, with OF MASSACHUSE'ITS almost 10 years ago in this House. At a guaranteed supply of fifty-four million IN THE HOUSE OF REPRESENTATIVES that time, I called upon the U.S. Govern­ pounds, to produce something more useful. Wednesday, May 14, 1969 ment to renounce publicly the use of {b) If it is determined that there is no chemical and biological warfare except commercial use for the gas, then disposing Mr. CONTE. Mr. Speaker, in my first of it could be handled in better ways than year as ranking Republican on the Se­ in retaliation against such an attack. by dumping it in the ocean. Although dilut­ While the Congress failed to act upon ing 27,000 tons of anything into the North lect Committee on Small Business, I am this request, President Eisenhower's pleased to acknowledge that the Nation Atlantic would in effect cause it to vanish, public statement on non.first use by the this is not in practice what will be done. 1s currently observing Small Business United States appeared to answer this The accidental release of a tankful, broken Week; and add my tribute to that given inquiry. on the ocean bottom, could cause a great deal earlier this week by the distinguished of misery in a small area before the gas dis­ chairman of our committee, Mr. EVINS Public attention was focused on an­ persed. Poison gases, at least as they are of Tennessee. other vital aspect of this whole issue in known in the open literature, fall into two Since 1964 I have had the pleasure early 1968, with the death of over 6,000 general classes. The older vessiccant type are sheep near the Dugway Proving Ground chemically very reactive, and could be in­ of serving on the Small Business Com­ in Utah, as a result of a testing error, activated by procedures such as mixing with mittee, and in the position, I have in­ only belatedly, and still not fully, ad­ hot alkali. The modern acetyl cholinesterase creasingly come to appreciate both the inhibitors might have to be inactivated by vital contribution made by our Nation's mitted by the Army. More recently, more complicated reactions. In any case, the 5 million small businessmen and the ne­ congressional concern has forced the most complete destruction would be assured cessity of their interests being fully and disclosure of additional information as if the gas, an organic compound, were burned adequately represented in the councils to our Government's expenditures for after mixing with oxygen perhaps in the CBW development and stockpiling which presence of a catalyst. These means of dis­ of Government. posal would require special equipment in­ And so, of course, I commend this an­ was hithertofore largely concealed in stalled preferably where the gas is stored, but nual celebration and recognition of the our huge military budget. the fate of the gas, ending up an non-toxic Nation's small businessmen, since it pro- Most recently, we have learned of the products, would be absolutely certain. May 14, 1969 EXTENSIONS OF REMARKS 12621 Please understand that the case of a poi­ tered farm animals until the Army decided salary scales. A beginning letter carrier sonous substance is entirely different from to drlll deep disposal wells. earns a salary of $5,938 per year, com­ t hat of disposing of unwanted radioactive The two-and-a-half mile deep wells were pared with the $8,200 to $10,000 per year materials. In the case of radioactive mate­ dug along a geological fault ridge and in being o1Iered beginning patrolmen and rials, one essentially can't do anything about the :five year period from 1962 to 1967 there them but wait until the radioactivity decays, were 1500 measurable earthquakes in the firemen in some cities in our country. and it may be justifiable to bury or sink care­ Denver area after 80 years without a tremor. Even after 21 years of service, the letter fully sealed containers of such wastes. The quakes stopped when the wells were carrier will still be earning only $8,094 With chemical rubbish, particularly when plugged. annually. The 4.1-percent raise which in a concentrated form such as a cylinder of The surfacing of concern over chemical postal workers will receive July 1 will not CW gas, it is on the other hand always pos­ and biological weapons programs in Congress go far toward alleviating this problem. sible to remove the danger by combustion or and the academies comes at a propitious mo­ If we are to make progress toward a milder chemical transformation. ment. Both in Washington and in Moscow there has been publicly-expressed interest making postal salaries truly comparable Any dealings with such substances involve in putting CBW talks on the agenda of the to those received by employees in private expense and precautions, but one feels that 18-nation disarmament meeting in Geneva. industry, and in other Federal agencies, for the price of the transport and handling There is a universal abhorrence against the proposed presently, one could come up with I believe we must give careful considera­ use of poison gas in warfare. This is attested tion to H.R. 10000. While members may a much safer final disposition of the surplus to by the fact that the 1925 Geneva protocol poison gas. againt poison gas has been honored more in not agree with all aspects of the pay and The letter represents m y personal but pro­ the observance than the breach, unlike most benefit package, the clear principles it fessional opinion, based on t he facts a.s international conventions. incorporates are worthy of serious study. reported in the press. Since the signing of the protocol, from It is my understanding that the Presi­ Yours truly, which the United States abstained, there dent will shortly submit a postal reform w. H. ORM E-JOHNSON, have been only four widely-reported in­ package to the Congress, and I would Assistant Professor, I nstitute for Enzy m e stances of chemical warfare: in Ethiopia by hope that he will propose salary increases Research Italy, in China by the Japanese, in Yemen by the United Arab Republic and, currently, in commensurate with the needs and re­ Vietnam by the United States. sponsibilities of our postal workers. [From the Washington (D.C.) Post, May 7, Although this country takes the position 1969] that tear gas attacks used to fiush suspected REVELATIONS ON CHEMICAL ARMS SURFACE AT enemy forces in Vietnam are non-lethal, their A CRUCIAL TIME purpose is to render the foe more vulner­ BEFORE YOU BUY (By Laurence St ern) able to lethal B-52 bombing attacks. The use Early in March a group of Congressmen of herbicides to destroy the food supply of met in executive session with Army officials the Sout h Vietnamese insurgents has also HON. WM. JENNINGS BRYAN DORN and received a series of grisly revelations on raised the question of whether American OF SOUTH CAROLINA compliance with the Geneva agreement is t he Nation's highly-secret chemical and bio­ real or merely professed. IN THE HOUSE OF REPRESENTATIVES logical warfare stockpile. McCarthy and other critics of the CBW Wednesday, May 14, 1969 Their little excursion into the thicket of the program have proposed that President Nixon unthinkable may spark the next round in resubmit the 1925 Geneva protocol to the Mr. DORN. Mr. Speaker, a very timely Congress of the battle between the Pentagon Senate for ratification. More drastic is Brit­ and superb article by Margaret Dana and its critics. ain's proposal to the Geneva disarmament recently appeared in the Boston Herald Without going into the classified informa­ conference that all biological warfare re­ Traveler. I commend this outstanding tion reviewed at the March session, it has search be banned. article "The Consumer Deserves Say on been asserted that the destructive power of The Administration's views are not yet visi­ Imports," to the attention of my col­ newly developed nerve gases and biological ble if, in fact, they have as yet been formu­ agents approaches that of the thermonuclear lated. But it would be the height of folly not leagues in the Congress and to the Amer­ bomb. These same materials are stored in to have a national policy on an issue so po­ ican people: quantities of overkill far surpassing the num­ litically charged and close to the horizon as BEFORE You BUY bers of potential targets. CBW. (By Margaret Dana) One widely circulated statistic in the CBW debate is that the United States has in stor­ We hear a good deal these days, against a political background, of what must be age at an arsenal near Denver 100 million INCREASE PAY FOR POSTAL lethal doses of nerve gas. Rep. Richard D. done to help consumers. Curiously enough, ESTABLISHMENT many who talk a~out helping or protecting McCarthy (D-N.Y.), who has opened up the consumers do not understand much about issue for debate in the House, cited Army consumers and their attitudes, nor really t estimony that a one-quart bomb of nerve HON. OGDEN R. REID much about the theory and practice of intel­ gas could destroy all life within a mile. ligent buying. One of the apocalyptic truths in the se­ OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Too often I detect a tone of "papa knows crecy-shrouded technology of chemical and best" in the projects or programs announced biological warfare is that there is now the Wednesday, May 14, 194>1J or discussed by groujs-from Congress to capability· to create worldwide epidemics of the State Department and from educators to such ancient scourges as plague and anthrax Mr. REID of New York. Mr. Speaker, labor leaders. In ·effect, they tend to pat the with a few strategically-placed bombs and today I am introducing, along with sev­ consumer on the head and tell us to run sprays. eral of my colleagues from New York, a along and not bother ourselves about im­ There are certain democratic virt ues to bill identical to H.R. 10000. This legisla­ portant decisions best left to experts. CBW weapons. They can be produced cheaply tion, which was originally introduced by But judging by the thoughtful and well­ and quietly-far more so than nuclear weap­ the gentleman from Montana (Mr. informed letters which come in to me each ons. They can be delivered without bombers week, consumers-both men and women­ or missiles. The dangers of proliferation are, OLSEN), would establish wage com­ everywhere are beginning to question therefore, more immediate and pervasive parability for the lowest paid employees whether consumers should be left out of the than the spread of the bomb. in the postal establishment-those who " big" decisions, which affect not only buy­ One of the most gruesome aspects of the occupy levels 1 through 7 in the pay ing but our economic system. CBW program is its well-demonstrated sus­ structure. It would also correct inequities Take, for instance, a battle which has been ceptibility to accidents. The most publicized in supervisory pay scales. going on for several years: how much to limit case recently was the killing of 6400 sheep Under the terms of this legislation, all or invite the increasing avalanche of im­ by a wayward whiff of nerve gas near Dugway ported goods coming in to our country each Proving Grounds in Utah 14 months ago. employees in levels 1-6 will be elevated to year. In all the debates and off-the-cuff (Though the Army has refused to acknowl­ the next higher level; letter carriers, in discussions I find little real consideration of edge that the mass poisonings were caused level 5, will have a starting pay of $7,500; the actual consumer interest. Each industry, by nerve gas the Government has awarded and there would be a $500 salary increase of course, wants to do what is best for that half a million dollars in damages.) for each of the first 5 years of service. In industry; each section of government, from But there is far less awareness of such addition, the bill contains provisions re­ State Department to Congress, talks about facts as the 3300 accidents at Fort Detrick, garding longevity pay, night differential, the national and international interest. But the Army's principa1 biological warfare re­ seldom does the question come up as to what search center at Frederick, Md., over a span and rural carrier pay which have been the actual consumer interest is in this of eight years. Rep. McCarthy's research re­ recommended by the National Associa­ country. called the prolonged episode at Rocky Moun­ tion of Letter Carriers. We are at present importing an enormous tain Arsenal during the 1950s when leakage Mr. Speaker, our letter carriers are amount of goods. Except for the quota set of poison gas defoliated crops and slaugh- justifiably dissatisfied with their present to limit certain cotton imports, there is no 12622 EXTENSIONS OF REMARKS May 14, 1969 limit as to what we can import in textiles Over 350 years ago, Sir Francis Bacon As Senator GRIFFIN pointed out when and textile products, and the current figures wrote: may startle you. In the two years ending in he submitted this legislation, he was 1966 imports of wool textiles rose 35 per The place of justice is a hallowed place; prompted to do so by his concern for cent, cotton textiles 72 per cent, and man­ and therefore not only the bench, but the the weakening of the public's confidence m ade fiber textiles 146 per cent. And in 1967 foot-pace and precincts and purpose there­ in our judiciary system, of which indi­ three billion square yards of textiles and of, ought to be preserved without scandal and vidual and independent judges form the textile products (meaning garments, fur­ corruption. foundation. This legislation itself how­ nishings, etc.) were imported. ever, will not provide an immediat~ rem­ Note that any product is made up of ma­ Like many other private citizens and t erial, labor and design, or technical engi­ Members of Congress, I have been deeply edy to the case now under consideration· neering. Labor that goes into a product ls disturbed by the recent article in Life only a voluntary and full explanatio~ employment. If we import products in which magazine which has cast doubt upon the by Justice Fortas himself can do that. the labor content is high and export products propriety of the action of Justice Fortas As of now, Mr. Fortas has been unwill­ in which the design or technical engineering in accepting a check for $20,000 from the ing to take su

May 14, 1969 EXTENSIONS OF REMARKS 12623 help offset the cleavage between civilian "§ 1401a. ADJUSTMENTS TO RETmED PAY AND does not have readily available to its econ­ and military pay. These men surely RETAINER PAY''; omy such energy somces as coal, natural gas, and or hydroelectric power; and fulfilled their part of the bargain-they (3) by amending the table of sections at Whereas, Hawaii is dependent upon im­ gave long years of faithful, devoted serv­ the beglnnlng of such chapter 71 by striking ports of foreign oil for the energy to tmn ice in war and peace. How shameful out: the wheels of. its industries, generate its that we in Congress have reneged on our "1401a. Adjustment of retired pay and re­ electricity, make its synthetic gas, and dTive obligation. tainer pay to reflect changes in its trucks, automobiles, and agricultural The most perplexing problem, how­ Consumer Price Index." machines; and to supply the ships and air­ ever, in restoring recomputation is the and inserting in lieu thereof the following: craft which take its products to market and "1401a. Adjustments to retired and retainer bring necessary supplies from overseas; and great cost involved. The figures listed pay." Whereas, Presidential Proclamation No. by the Department of Defense are truly SEc. 2 . The enactment of this Act shall not 3279 established a mandatory oil import staggering. One suggestion that has been create any retroactive entitlement to addi­ quota program to safeguard our national put forth as means of cutting the cost tional retired pay. security by providing special incentives for considerably is t;o limit recomputation (3) by amending the table of sections at exploration and discovery of new oil reserves only to those who retired before the law the begin-retired pay or retainer pay to which in the United States; and a member or former member was entitled on Whereas, the foreign oil import quota pro­ was ·changed in 1958 and thus had no gram does not serve any national defense opportunity to alter their career decision the day before the effective date of this Act. SEC. 4. This Act takes effect on the first day purpose in Hawaii since the program does in light of the change in their retire­ of the first calendar month beginning after not result in the use of crude oil or crude ment benefits. According to this reason­ the date of its enactment. oil products from the continental United ing, those not already retired were fore­ States, and there is no indigenous oil sup­ warned of the change in benefits. While ply, nor is any supply expected from the this would greatly benefit pre-1958 re­ volcanic substances which make up the tirees, it would also create another group RESOLUTION BY HAWAII STATE Hawallan Islands; and LEGISLATURE REQUESTING THE Whereas, the effect of the quota program of second class retirees in the process-­ has been to lessen the normal forces of those with considerable service who re­ PRESIDENT TO EXEMPT HAWAll competition among oil companies in Hawaii; tired shortly after 1958. It is most un­ FROM MANDATORY OIL IMPORT Whereas, prices charged by the oil com­ realistic t;o say that a man with 17 or 18 PROGRAM panies in Hawaii for oil products refined from years service in 1958 could change his low-cost foreign crude oil are generally as career decision at that point in his mili­ HON. SPARK M. MATSUNAGA high or higher than prices charged on the tary career. In fact, I feel that anyone West Coast for products refined from the with more than 10 years service in 1958 OF HAWAII higher-cost west coast crude oil; and IN THE HOUSE OF REPRESENTATIVES Whereas, the present high cost of oil is was a career man and entitled to the detrimental to the entire economy of Hawaii; retirement benefits promised him at the Wednesday, May 14, 1969 and time of his enlistment and reenlistments. Mr. MATSUNAGA. Mr. Speaker, it is a Whereas, there is presently in Hawaii no I am, therefore, introducing legislation well-known fact that Hawaii, because of feasible alternative somce of energy to oil; to recompute retired pay based on ac­ now, therefore, its geologic origin, does not have indig­ Be it resolved by the House of Represent­ tive duty rates for all those who had at enous sources of energy. Our island least 10 years service when the law was atives of the Fifth Legislatme of the State State, separated from the west coast by of Hawaii, Regular Session of 1969, the Sen­ so abruptly changed in 1958. I feel that some 2,200 miles, must depend almost ate concmrin&, that the President of the this bill is more equitable than legisla­ wholly upon foreign oil for its energy United States is requested to review the ef­ tion to limit these benefits t;o pre-1958 requirements. fects of the foreign oil import quota program retirees, but it would still reduce con­ The mandat;ory oil import control in Hawali, reevaluate Hawaii's unique geo­ siderably the cost of the Defense De­ program, established by Presidential graphic and economic situation, and provide partment's retirement commitment in relief by exempting Hawali from the pro­ Proclamation No. 3279 on March 10, gram with respect to oil and oil products con­ the years ahead. 1959, has only served to sharply deline­ The time for action t;o correct this sumed in Hawaii or exported to foreign coun­ ate Hawaii's unique geographic position tries; and inequity for retirees is now and I sin­ and the inequity resulting from her in­ Be is fmther resolved that Hawali's dele­ cerely hope that Congress will consider clusion in the program. Established to gation to the Congress of the United States my bill and the numerous other recom­ safeguard our Nation's security by pro­ be and they are hereby requested to use their putation bills at the earliest possible viding special incentives for exploration best efforts to secure relief for Hawaii by time. We must close the Government's and discovery of new oil reserves in the convincing the President of the United States credibility gap with the military re­ that Hawaii should be exempted from the continental United States, the program, Oil Import Quota program; and tiree. and its stated objectives are clearly The language of the bill is as follows: Be it further resolved that duly certified meaningless t;o insular Hawaii. copies of this Concurrent Resolution be H.R. 10764 Mr. Speaker, on May 1, 1969, I, there­ transmitted to President Richard M. Nixon, A bill to amend title 10, United States Code, fore, cosponsored legislation which would Secretary Walter J. Hickel of the Depart­ to permit the recomputation of retired pay ment of Interior, Senator Hiram L. Fong, of certain members and former members of eliminate the mandatory oil import con­ My Sena.tor Daniel K. Inouye, Congressman the armed forces trol program over a 10-year period. Spark M. Matsunaga, and Congresswoman support of this legisletion follows my Patsy T. Mink. Be it enacted by the Senate and House numerous appearances over a period of of Representatives of the United States of THE HOUSE OF REPRESENTATIVES OF THE STATE America in Congress assembled, That chapter years before administrative bodies and House committees urging that action be OF HAWAII 71 of title 10, United States code, is Date: March 20, 1969. aznended- taken t;o exempt Hawaii from the pro­ We hereby certify that the foregoing Con­ (1) by inserting- immediately before the gram, or at least to accord Hawaii the cmrent Resolution was this day adopted by period at the end of the first sentence of sec­ same privileges that are granted to the House of Representatives of the Fifth tion 1401a(a) the following: "; except that Puerto Rico, another island community. Legislature of the State of Hawall, Regular the retired pay of any member or former Session of 1969. member who was on active duty or in an ac­ I am considerably encouraged in my efforts to know that the members of the TADAO BEPPU, tive status before April 1, 1958, for a period Speaker, House of Representatives. of not less than ten years, and who became Hawaii State Legislature are fully in As SmGETO KANEMOTO, or wm become entitled to receive retired agreement with my views. evidence Clerk, House of Representatives. pay based upon age, length of service, or of this I submit for inclusion in the CON­ physical disablllty under the provisions of the GRESSIONAL RECORD a copy of house con­ THE SENATE OF THE STATE OF HAWAll Career Compensation Act of 1949, shall be current resolution 16, the fifth Legisla­ Date: May 9, 1969. computed at current active duty pay rates ture of the State of Hawaii, which was We hereby certify that the foregoing Con­ and increased to reflect later changes in ap­ adopted by the house on March 20, 1969, current Resolution was this day adopted by plicable pay rates; and retired pay so com­ the Senate of the Fifth Legislature of the puted shall not be increased in the manner and by the senate on May 9, 1969: State of Hawaii, Regular Session of 1969. provided for in subsection (b) of this sec­ HOUSE CONCURRENT RESOLUTION 16 DAVID c. MCCLUNG, tion"; Whereas, Hawati is unique among the President of the Senate. (2) by amending the catchllne of such sec­ fl!ty states of the Union in that, being 2,200 SEICHJ:HmAI, tion 1401a to read as follows: miles from the mainland United States, it Clerk of the Senate. 12624 EXTENSiONS OF REMARKS May 14, 1969 MORTON BACKS PROPOSALS Protection Act in my home city, Phila­ Pennsylvania unanimously adopted the en­ AGAINST OBSCENITY IN THE delphia. Recently, WCAU-TV, channel closed Resolution. MAILS 10, the Columbia Broadcasting System · In accordance with the directions con­ tained therein, I am forwarding a certified affiliate endorsed this legislation. For the copy to you. HON. ROGERS C. B. MORTON RECORD I insert that editorial, as follows: Sincerely, THE CHILD PROTECTION ACT OF 1969 OF MARYLAND MARK GRUELL, Jr. (Presented by Peter W. Duncan, WCAU-TV, IN THE HOUSE OF REPRESENTATIVES editorial director) RESOLUTION Wednesday, May 14, 1969 A wide-eyed child touring a toy store is Dwight David Eisenhower, thirty-fourth something to behold. But some of the items President, was the embodiment of patriotism Mr. MORTON. Mr. Speaker, on May 2, on the shelves may be potentially dangerous both as a military man and as a statesxnan. the President took a long-needed step to youngsters. You perhaps remember not His ethical code of behavior and fear of God to cut down the volume of sex-oriented too long ago when some stuffed animals was expressed in his every action. mail that is bombarding American were found to be harboring a highly volatile The Commonwealth of Pennsylvania was homes. substance which, if brought into contact honored for many years by the presence of He asked the Attorney General and the with flame or even just a hot cigarette ash, the Eisenhower family while living near Postmaster General to submit to Con­ could flare up violently. When called to their Gettysburg; therefore be it gress new legislative proposals to attack attention, store owners took them off the Resolved, That this Senate of the Com­ shelves to avert possible tragedy. monwealth of Pennsylvania memorialize the the rain of pornography and smut. Even though store owners are cooperative Congress of the United States to adopt the In asking Congress to make it a Fed­ when hazardous items are discovered, they proposed commemorative stamp honoring eral crime to use the mails or other fa­ can't possibly check out each and every Dwight D. Eisenhower, depicting the Civil cilities of commerce to deliver to anyone item inside and outside to see if it's poten­ War monument and United States flag in under 18 years of age, material dealing tially dangerous. This determination should Center Square, Easton, Pennsylvania; and be with a sexual subject in a manner un­ be made by the manufacturer before the it further suitable for young people, the President item is marketed. Resolved, That a copy of this resolution be Hearings going on in Washington have transmitted to the presiding omcer of each has taken a step which has been needed displayed, for example, a child's oven that House of Congress of the United States, and for a long time. builds up to an excessive heat--enough to to each Senator and Representative from I commend the President for his ac­ burn severely. There have been other toys Pennsylvania serving in the Congress of the tion. His proposed legislation will meet with long spikes inside holding them to­ United States. with a broad base of support in Congress gether, plus other examples. I certify that the foregoing is a true and and I look for early passage of this im­ Any xnanufacturer should look for poten­ correct copy of Senate Resolution Serial No. portant measure. tial dangers and eliminate it before it goes 28 introduced by Senator Jeanette F. Reib­ on the shelves. Hopefully, most do. man and adopted by the Senate of Pennsyl­ But, we are a trusting people-at times vania the sixth day of May, one thousand trusting to a fault. Too xnany of us go on nine hundred and sixty-nine. HAZARDS OF DANGEROUS TOYS the assumption that if it's for sale, it must MARK GRUELL, Jr., be okay. (Past investigations into other areas Secretary, Senate of Pennsylvania. like meat standards and other food and HON. JOSHUA EILBERG drugs should show us how naive we are. OF PENNSYLVANIA Government regulation now protects us in VIEW ON CAMPUS LIBERTY those areas.) IN THE HOUSE OF REPRESENTATIVES Shouldn't children be assured protection? Wednesday, May 14, 1969 Shouldn't the parents have the peace of HON. HUGH L. CAREY mind to know that an item is safe when they OF NEW YORK Mr. EILBERG. Mr. Speaker, on March purchase it for their child? IN THE HOUSE OF REPRESENTATIVES 6, 1969, I introduced the Child Protection Philadelphia Congressman Joshua Ellberg Act of 1969 which asks broader safe­ has introduced the Child Protection Act of Wednesday, May 14, 1969 guards for children from the hazards of 1969 which would provide protection. It Mr. CAREY. Mr. Speaker, on Febru­ dangerous toys. would extend existing legislation to cover items which present any real electrical, me­ ary 22, 1969, a distinguished resident of My bill would amend and extend the chanical, or thermal hazard to a child. my congressional district, Dr. James B. protections of the Federal Hazardous The legislation opens the way for the fed­ Donovan, delivered an important address Substances Act, as amended in 1969, to eral regulating agency to get an injunc­ entitled "The Limits of Campus Liberty.'' protect youngsters against hazards asso­ tion. This would halt the manufacture and The occasion for his talk was the 21st ciated with sharp or protruding edges, marketing of any toy which was regarded annual University Women's Forum. Mr. fragmentation, explosion, stangulation, as hazardous under the terms of the legis­ Donovan is nationally recognized as a sufl'ocation, asphyxiation, electric shock, lation. "defender of unpopular causes." He is and electrocution, heated surfaces and WCAU-TV supports the Child Protection Act of 1969. The bill (introduced by Phila­ the author of a book called "Challenges" fire. delphian Joshua. Eilberg) deserves the sup­ which contains some of his best essays, Ample evidence has been uncovered port of lawmakers throughout the Delaware and a book and film account of his fa­ by the National Commission on Product Valley. mous transfer of the Russian spy, Ru­ Safety that an unsuspecting parent can, dolph Abel, in exchange for the Ameri­ and often does, buy a child a toy which can U-2 pilot, Gary Powers. The latter later kills or permanently maims the GENERAL EISENHOWER work is entitled "Strangexs at the youngster. Blidge." The existing legislation now protects I have asked permission at this time children against chemical hazards-­ HON. JAMES G. FULTON to insert the text of his address on the mostly toxic, corrosive, irritating and OF PENNSYLVANIA important matter of campus liberty, sensitizing. In hearings last year, the IN THE HOUSE OF REPRESENTATIVES since Mr. Donovan has established him­ Product Safety Commission proved that Wednesday, May 14, 1969 self as an authority on education in his these safeguards are clearly not enough. capacity of former president of the New Hearings have been scheduled for next Mr. FULTON of Pennsylvania. Mr. York City Board of Education, and now week on my bill, H.R. 8377, before the Speaker, the Senate of the State of president of Pratt Institute, Brooklyn, Interstate and Foreign Commerce Com­ Pennsylvania has recently adopted a res­ N.Y. mittee by its distinguished chairman, the olution honoring the late Dwight David Many of the views expressed in the Honorable HARLEY STAGGERS, of West Eisenhower. A letter from the senate text of Mr. Donovan's speech are both Virginia. secretary, Mark Gruell, Jr., and the reso­ unusual and innovative. In the insertion Mr. STAGGERS also has scheduled hear­ lution follow: SENATE OF PENNSYLVANIA, of this speech I do not wish to indicate ings on another bill I have introduced, May 13, 1969. that I am prepared to support the con­ H.R. 10012, which would extend the life Hon. JAMES G. FULTON, cept of national conscription as he ad­ of the National Commission on Product House Office Building, vocates. I do, however, believe Dr. Dono­ Safety. The Department of Commerce Washington, D.C. van's thoughts are significant and en­ has favorably reported on this measure. GOOD MORNING CONGRESSMAN Fut.TON: At lightening, and I commend the speech to There is keen interest in the Child its session on May 6, 1969, the Senate of the attention of my colleagues: May 14, 1969 EXTENSIONS Of REMARKS 12625

THE LIMITS OF CAMPUS LIBERTY My proposal is that the presen·t Selective BRITISHERS CALL CALIFORNIA OIL (By James B. Donovan) Service system, now applicable only to m111- DAMAGE EXAGGERATED tary duty, be abolished and that instead the May I express my pleasure in being with United States, recognizing the international you at the Twenty-First Annual University and domestic crises which we face, institute Women's Forum. Meetings such as this, with HON. BOB WILSON National Conscription to be applicable to all OF CALIFORNIA representatives of our greatest centers of our youth at age 17 or 18 for a period of per­ learning, have a significance today possibly haps two years. When I say "all our youth" IN THE HOUSE OF REPRESENTATIVES greater than at any time in our national past. I mean women as well as men, wealthy as Wednesday, May 14, 196!J This is not only .because of the sheer num­ well as poor. For the two-year period those bers of young Americans in higher educa­ seeking experience in any branch of our Mr. BOB WILSON. Mr. Speaker, there tion have grown so tremendously during the armed forces could voluntarily make that have been more gallons of crocodile tears last twenty years, but also because most in election; . for those seeking work in trainee shed over the unfortunate Santa Bar­ this audience necessarily are concerned every positions in the Peace Corps or similar or­ day with what we all recognize to be a deeply bara oil leak than there were gallons of ganizations overseas, this path also could be oil washed onto the beaches. It was a disturbed youth population. voluntarily selected; for those motivated to We of the older generation must accept a work as assistants in counseling, guidance most unfortunate accident and some sea large measure of responsib111ty for the un­ and other capacities in domestic anti-poverty ann birdlife suffered as a result, but it settled and at times chaotic world into which organizations such as Vista or Operation was not the disastrous event that many our young have been thrust. They are part Headstart, these duties could be voluntarily would have us believe. In the future, nec­ of a society fearful of nuclear warfare and chosen. There also are in.finite needs in the essary precautions must and will be racked by domestic civil disorders; they are fields of public health and the preservation taken. Nonetheless, we will have other unwilling to accept poverty in the midst of of natural resources in which battalions of such accidents and many other natural plenty or the racial discrimination imbedded our youth could serve to bring us closer to in our social fabric; they resent having no the achievement of a better society in Amer­ disasters such as mudslides, fioods, tor­ clear voice in shaping the educational and ica. With proper safeguards of academic nadoes, and so forth, that will wreak far social institutions in which they must live standards, certain credits for those who more damage. and learn; their young lives are being dis­ later pursue higher eduoation could be The following article from the April 20 rupted by the draft--and sometimes lost in granted for such national service experience. Washington Star puts the Santa Bar­ combat--in American military adventures This proposal at first may appear to be bara tragedy into clearer focus with re­ increasingly difficult to justify or sanction. drastic but I believe that our country must spect to the effects of earlier and larger All our understanding, however, is virtually embark on some comparable program if we oil mishaps, such as the wreck of the wasted if we do not devote ourselves to the are to meet our foreign and domestic re­ education of the majority of our students, sponsibilities. We also should be developing tanker Torrey Canyon off the Cornish who sincerely seek the values of learning. We matured youth better prepared and better coast in 1967, and outlines the thinking must recognize as a small minority those who motivated to absorb the benefits of college. of British marine biologists with regard come to our institutions only to indulge in Our young today are asking for activist pro­ to the extent of permanent damage so-called freedom of expression for a few grams that give them an opportunity to ful­ caused. years and who resent the primary obligation fill idealistic aspirations to aid in our do­ The article follows: of every student to be educated by those who mestic social problems and to assist less for­ have earned the right to teach. These self­ BRITISHERS CALL CALIFORNIA On. DAMAGE tunate peoples throughout the world. EXAGGERATED alienated youths are not so much misunder­ As I said at the outset, the time limita­ stood as they are unwilling to be under­ tion of my remarks prevents presentation of (By Smith Hempstone) stood, perhaps because they do not under­ a more detailed blueprint as to what could PLYMOUTH, CORNWALL.-The worst fears of stand themselves. To a point they should be emerge if we seek to explore such a bas.le permanent damage to the Southern Califor­ welcomed on a cam.pus, but the outer limit concept. nia coast and its ecology by pollution from of toleration is reached the moment they The proposal is not wholly unprecedented. the Union Oil Company's leaking offshore rig interfere with the rights of others to learn May I point out to you that because of the in February may have been exaggerated. or to teach in the academic community. Such grave national emergencies which threaten This is the view of British marine biologists "students" are entitled to be told in ad­ the State of Israel, universal conscription ts familiar with both the Santa. Barbara under­ vance the bounds of freedom but they also now in effect in that tiny country for both water gusher and the 1967 wreck of the tank­ should be given explicit notice that they will young men and women. While their pro­ er Torrey Canyon off the Cornish coast in not be permitted to exceed those limits for grams are primarily aimed at military de­ 1967 (the tanker, paradoxically, was on per­ one day, if a university is to serve the very fense for survival, they also embrace civic manent charter to the Union Oil Co.). purposes for which it exists. The overwhelm­ service in the kibbutz community patterns The hopeful view of the scientists is sub­ ing majority of those on the campus also throughout the land. stantiated by one reporter's recent inspection have rights which must be respected and of this rock-girt coast. protected. Israel has taken these steps because in a very real sense it is constantly at war. We The first fact to be kept in mind ls that the University disorders have reached a crisis in the United States must realize that today Torrey Canyon disaster was on a much great­ point in the United States which menances and probably throughout our generation, the er scale than the Santa Barbara tragedy. the very foundation of our academic system. United States is and will be compelled to de­ WILDLIFE RECOVERS It would appear that today there is a general fend itself. We are threatened abroad by consensus among realistic university ad­ powerful enemies intent upon the destruc­ The tanker was carrying 118,000 tons of ministrators with respect to recognizing tre­ tion of our way of life. At home we a.re in crude when she piled onto Seven Stones Reef mendous latitude in student liberty, with­ the midst of grave civil strife, basically cre­ two years ago. Pounding waves broke her into out permitting that liberty to degenerate ated by the underprivileged demanding some three sections and RAF bombers sent her into license. So great is this consensus that hope of a better life for their children at a broken wreckage to the bottom, spewing vast in the limited time permitted today I time when they llve in and observe social quantities of oil into the sea. thought it best to speak briefly on a possible behavior in a nation whose amuence is at Roughly 13,000 tons of oil drifted ashore in national solution to the problems of our an unprecedented high. Cornwall, while about 15,000 tons reached youth; some such solution must be found Because so many aspects of this proposal the Breton coast of France. In contrast, only if peace and order are to be assured on our would vitally affect the future of higher edu­ about 1,000 tons apparently fouled the South­ streets as well as on the campus, with due ern California beaches. regard to the civil liberties of all. cation, I suggest that the academic commu­ nity not sit back and wait for political lead­ Despite the magnitude of the Torrey Can­ Radical problems require radical solutions. ership to dictate answers to these problems. yon disaster, only negligible traces of oil are It is my proposal today that in the near We should come forward with concrete pro­ in evidence here, and the flora and fauna of future the academic community take the posals. These proposals should be in the na­ Cornwall appear to have made an almost leadership in making radlcal proposals to tional interest of the United States and spe­ complete recovery. our national political structure with respect cifically incorporate sound educational values The most heart-rending (because it was to a basic re-evaluation of existing codes of in the broadest sense of that term, often the most obvious) loss of life from Torrey education and conduct applicable to Ameri­ unfortunately limited in a pedantic way. Canyon pollution, as was the case in Cali­ can youth. It is a necessity that we strive Our proposal should be aimed to develop fornia, involved the deaths of many thou­ toward a dramatic creation of a new national in American youth a deep sense of national sands of birds. unity which emphasizes among our young a responsibility as younger citizens of our Of the 8,000 sea birds treated for oil pol­ deeper sense of national pride and awareness country, while giving them an opportunity lution in Cornwall, the British were able of their own responsibillties to this nation. to express their idealism in meaningful to save less than 80. Otherwise the United States will not survive action beneficial not only to themselves but Oiling clogs a. bird's feathers and allows for long as the leader of the free world. also to future American generations. water to get between them, destroying the 12626 EXTENSIONS OF REMARKS May 14, 1969 insulating layer of down and a.ir which coats AFRICA'S INDIANS: NEW It is an extraordinary development in the the skin. If the bird remains in the water it ''APARTHEID'' whole problem of the movement of persons. is drowned or killed by the cold; if it leaves We may find that any one of us with bis the sea, it dies of hunger. passport in order and nothing against him Trying to wash the oil off, the British con­ HON. EDWARD J. DERWINSKI may one day find that he cannot get into his cluded, can have a deleterious effect, since . OF ILLI}qOIS own country for reasons that will be most ob­ it frightens the birds when they already a.re scure to him. in a state of shock. The less than 1 percent IN THE HOUSE .OF REPRESENTATIVES The second point is that the Kenya govern­ survival rate for treated birds suggested that Wednesday, May 14, 1969 ment is practicing discrimination on the basis the most humane action is to destroy badly of race. The Indian is hounded and expelled. oiled birds immediately. Mr. DERWINSKI. Mr. Speaker, there Why is there no outcry, no protest, no com­ The rocky, much-indented coast of Corn­ is an obvious lack of objective coverage ment on this? wall is such that the entire area affected by of problems on the African continent Why do the numerous commissions of the the Torrey Canyon was not equally polluted and, in addition, too few reporters cov­ U.N., that have nothing better to do than by oil or by the 1,000,000 gallons of deter­ ering that area. make plans to rule South West Africa a.nd gents which the British dumped on land Therefore, I feel that an article by bring down apartheid, pay no attention to and sea in a.n attempt to destroy the oil. the plight of the Indians in Kenya? Thus pockets of flora and fauna survived Richard Pattee, carried May 9 in the In the third place, the attitude of India is all along the cost. As evaporation and cur­ New World is of special significance since even more perplexing. Madame Gandhi has rents reduced the level of pollution, these he dares to discuss an unfortunate prob­ washed her hands of the whole thing. These pockets gradually expanded, according to Dr. lem that has been deliberately ignored Indians are no longer her concern, which is J . E. Smith, director of the Marine Biological in both governmental and private circles. true from the legal angle. But, heretofore, Laboratory here. The article follows: India has been extraordinarily sensitive The spraying of rocks with detergents in­ about the treatment of her peoples every­ itially caused a heavy loss of life among · AFRICA'S INDIANS: NEW " .APARTHEID" where in the world. small ammals such as limpets and peri­ (By Richard Pattee) A tremendous storm was kicked up some winkles. But even these have now recovered, This is not going to be a learned disquisi­ years ago and Gandhi made a name for him­ Smith said. tion on the status of rights of minorities over self in protesting the treatment of Indians in The French had even greater success in the world. the province of Natal in South Africa. protecting the ecology of Brittany because Nor do I intend to deal in the least with In the Kenya case, India not only will not they refused to use detergents, preferring to the efforts of minorities in the United States admit the Indians to their former homes; sink the oil at sea with sawdust or scoop and elsewhere to attain a.n "identity" or the government will not even intervene on it from the beaches manually or mechan­ achieve an equality with the majority. their behalf in an active manner. ically. The problem that leads to this week's con­ It is all very strange. If the government of FISH UN AFFECTED siderations is the tragic and not much pub­ Kenya were white, what would be the world's The danger to the Santa Barbara Channel licized exodus of Indians from Uganda, Ken­ reaction? fishing grounds, which in 1967 yielded 27 ya and the other East African countries where million pounds of fish, also may be less they have lived sometimes for generations. serious than originally thought. British au­ At the time of independence, they were OBSERVATIONS ON CAMPUS thorities flatly assert that fish are "virtually given the option of becoming citizens or of DISORDERS unaffected by :floating oil," although they retaining their British citizenship, to which can become tainted if caught in contam­ they had full right. A large number opted inated nets or landed on polluted beaches. for British citizenship. HON. BENJAMIN B. BLACKBURN Smith reported tha.t the abalones of the As every reader of the dally press knows, Santa Barbara Channel now seem to be thriv­ the Kenyan government has begun a con­ OF GEORGIA ing on a diet which contains a rich mixture certed movement against the Indians and IN THE HOUSE OF REPRESENTATIVES of oil. thousands sought refuge in the United King­ Wednesday, May 14, 1969 After another oil pollution incident in dom. But in Britain they are now being re­ Britain's Ta.y estuary last year, the official fused admission. Mr. BLACKBURN. Mr. Speaker, the report concluded that "there has been no This is not a question of whether Britain disorders which have been disrupting the evidence so far of any damage to fisheries is right or wrong in not wanting thousands major college campuses throughout the from the oil or from detergent spraying." of Indian refugees on its soil who will only Nation have been a source of concern to Dr. Quentin Bone of the Plymouth Marine ma.ke the economic and social situation that Biological Laboratory, who had the oppor­ much worse. myself and many other Members of this tunity to observe the aftermath of both the The main points that come to mind in this body. Torrey Canyon and the Santa Barbara in­ case are these: The American university system, con­ cidents, credited the American authorities That the holder of a genuine passport of sidered to be the finest in the world, is with a "quite impressive" job of cleaning a given country is refused admission into his providing higher education for more of the California beaches. own country (his own in the legal a.nd tech­ nical sense at least); our citizens than any other such similar DETERGENTS DAMAGING That the Kenyan government, of Jomo system in any other country of the world Bone felt that the U.S., like France, was Kenyatta, which is African, should continue now provides. Our system is now under right not to use great quantities of deter­ to proclaim its love for mankind and faith in violent attack and is threatened with gents in fighting the oil. Toxic detergents, he people regardless of color and yet take these possible destruction. After a long and said, almost always are more damaging to dramatic steps against a long established hard struggle, our university system has the ecology of an area. than the oil itself. community; developed the academic freedom of to­ In any event, detergents are effective only Tha.t India, which from the days of Pandit on rock. On sand, they simply sink into the Nehru-more than tha.t, from the days of day which assures students the right to beach. Mahatma. Gandhi-has screamed bloody mur­ learn and professors the right to teach Bone said dire predictions of the prema­ der every time an Indian has been insulted all subject matter which they consider nent end of animal life in the Santa Bar­ or mistreated in Britain, South Africa or pertinent to a proper education. We now bara area were "a. bit of a. stunt." Nor was Australia, is not interested in the matter. find that revolutionary forces are trying he particularly alarmed by the residual leak My knowledge of international law is to suppress this evolvement. near the Union Oil Company's rig, which was sketchy in the extreme. Yet I am certain that Recently, Congressman THoMAs J. discharging about 500 gallons a day long an individual holding the legitimate passport after the 11-day main gusher had been of a country, and not a criminal or on the MESKILL delivered a speech to the Con­ capped. run or wanted for any offense within the land, necticut Broadcasters Association at "There are many charted natural leaks of cannot be denied the right to reenter his own Wesleyan University in Middletown, that size all over the sea bottom off South­ country. Conn. In his address, Congressman MES­ ern California," he asserted. I know that passports can be lifted from KILL pointed out four important facts Smith and Bone agreed that, as long as people-as the United States does to those which should be remembered by all per­ industry's appetite for oil remains unslaked, who visit Cuba. A passport can be denied a sons concerned with agitation on pollution will become a. growing problem. person so that he cannot leave the country. campuses. What is needed, they asserted, is a central But I wonder under what statute or prac­ agency to deal with the problem, strong in­ tice, an individual; who falls in none of these First, and foremost, he feels very ternational regulations on pollution control, categories and holds a proper passport of the strongly that this present generation of and regional organizations equipped to deal country he proposes to enter, can be denied coHege students is extremely idealistic with accidents as soon as they take place. such entrance? and has not had the opportunity to com- May 14, 1969 EXTENSIONS OF REMARKS 12627 pare our society and our system of gov­ to lower their academic standards, and this fiuencing our young people feel a commit­ ernment with others which exist has been a source of great controversy. ment to them and to their behavior. They are Negro civil rights strategist, Bayard unable to extricate themselves, and conse­ throughout the world. Second, our col­ Rustin, recently addressed himself to this quently, find themselves siding with ·the leges .and universities, in their policies very problem. He said that blacks were "ill students and against the administration. No toward dissenters are acting from a prepared for college education," and he called demonstration has succeeded without the sense of guilt and maybe even liberal on college officials to "stop capitulating to support of faculty members. masochism. Third, today in our society, the stupid demands of Negro students" and In many instances this has influenced and the idea that everyone should have a col­ to see that "they get the remedial training substantially weakened the position of the lege education has gained widespread ac­ that they need." - administrators and has resulted in a capitu­ ceptance. This has put many students Rustin went on to say, "What the hell are lation to unreasonable demands of the col­ soul courses worth in the real world? In lege students. into the academic community who do not the real world, no one gives a damn if you've The administrators are reluctant to call really desire to attend college. Fourth, taken soul courses. They want to know if you in the police when things get out of hand. and most importantly, the disruptions can do mathematics and write a correct In their thinking, to do so would be to ad­ which are occurring on our college cam­ sentence." I think blacks and whites alike mit that they have lost control. Local gov­ puses are being caused by small well­ would do well to listen to Mr. Rustin's ad­ ernment is reluctant to intercede without trained revolutionary cadres who, monition. being asked. · The third element in this scenario is The Federal Government is reluctant to through their extremely well-organized fostered by the "over thirty" portion of our intervene for fear of being accused of inter­ techniques, are able to immobilize a uni­ society. Our adult population has an "every­ fering with the freedom of education. versity against the wishes of the stu­ body should have a college education" One thing is certain-we cannot continue dents who desire to receive an education. syndrome. As a result, many young people to go on much longer. Whet we thought was For the interest of my colleagues, I from all economic and cultural backgrounds a fad has turned out to be a nightmare.I hereby insert Congressman MESKILL's are being pushed into our colleges and uni­ The initial responsibility must rest With speech into the RECORD: versities because "it's expected of them" by the administration of the college. If the Pres­ their relatives and friends. ident of a university has neither the inten­ OBSERVATIONS ON CAMPUS DISORDERS Many of these young people would be hap­ tion nor the ability to administer the affairs (A speech before the Connecticut Broad­ pier and more successful if they were to enter of his institution in a manner which guaran­ casters Association by the Honorable vocational and technical schools. tees that all students of that institution, who THOMAS J. MESKILL, Wesleyan University, The need for technicians in this country wish to attend classes and complete their Middletown, Conn., May 8, 1969) has never been greater. education have the opportunity to do so, then I would like to give you my thoughts on the These misplaced, unhappy college students that administrator should resign or be fired. subject of campus disorders. I claim no ex­ are often borderline failures. They resent the The trustees must not shirk their responsi­ pertise in this field, I am merely one more faculty because of their intellectual achieve­ bilities either. Recently, a number of ad­ observer on the national scene who has ments; they resent the school administration ministrators have indicated their intentions watched matters go from bad to worse and because of the restrictions on college campus to retire or resign. College presidents must wondered what to do about .it. life. insist on the support of the members of their I believe the campus disorders are caused A great deal of the blame for the chaos on faculty, as President Kingman Brewster has by many things, all of which seem to be sur­ the campus must be accepted by the parents done at Yale. facing at the same time. of the students involved. Any young man or College administrators must keep the ave­ First of all, it is almost a truism to note woman who has not been taught to respect nues of communication open to legitimate that every generation of college students the rights and property of others in his own student requests. Dissent is normal and is idealistic. And we can be glad for this. home cannot be expected to learn it on the healthy and should not be discouraged. It is Let us look at a typical college boy. He is campus. We can only hope that parents of the responsibility of the college, however, to on the threshold of manhood, full of high youngsters will take note of this and better provide a forum for discussion in order to ideals and great hope for his own future. He prepare their children for the responsibilities keep this dissent in proper bounds, keeping sees about him imperfections in our insti­ of adulthood. in mind that the students are not always tutions and in our society, in our laws and This brings us to the catalyst. On the wrong. in our government. He is critical of the campuses across the country, there is a small But, when certain militant students violate lack of perfection, and he is impatient to group of well-organized, well-financed, well­ the law by interfering with the individual do something about it. trained revolutionaries whose sole purpose in rights of other students or by destroying Unfortunately, growing up in this coun­ entering our universities is the destruction school property, the college administrators try during a period of affluence, he has noth­ of the institution and our national way of must call on our law enforcement officers ing with which to compare life in this coun­ life. to bring the lawbreakers to justice. They try of ours. And thus, he cannot appreciate They will, and they have, seized every op­ must put saving education ahead of saving how much better things are in America than portunity to capitalize on dissatisfaction, face. anywhere else on earth. This ls element num­ discord and resentment. To do less is an open invitation to more ber one. The Students for a Democratic Society, lawlessness. Violations of the law which are Secondly, in recent years we have seen our The Black Panthers, whatever they choose not tolerated on our streets should not be colleges and universities, motivated by a to call themselves, are dedicated to an tolerated on our campuses. Membership in sense of guilt, eagerly seek out young people ideology completely foreign to our great an academic institution does not grant im­ from minority groups to become members of nation. They have provided the spark and munity from prosecution. the student body. organization which have ignited the fires Members of the alumni of non-tax sup­ In many cases it has been done out of a of disruption across the country. They have ported schools can and sh«?uld use their in­ desire to atone for past wrongs to the minori­ been sowing their seeds in fertile fields. fluence on college administrators. This is a ties of this country. As long as this country is involved in a delicate area, however, because refusal to In other cases it has. been done to give very unpopul.8.r war in Southeast Asia, we furnish financial support to the institution demonstrable evidence that this particular will continue to have discontent on our cam­ punishes the innocent student as well as the college or university ls truly "liberal" and puses. Students will protest against the war; guilty. does not discriminate on the basis of race they will try to oust ROTC; they wlll hold The same caviate applies to Federal inter­ in its admissions policies. rallies against the draft; and they will picket vention. For the Federal Government to with­ In their eagerness, Admissions officers have recruiters from the Armed Services and hold assistance to universities because of in many cases closed their eyes to inade­ corporations which do business with the De­ campus disorders, hurts many students who quate preparation for college when the ap­ fense Department. are not involved in the disorders themselves. plicant comes from a minority group. This With all of these factors working together I do support, however, any reasonable restric­ has been a serious mistake. to create unrest on our campuses, there are tion on individual aid to students involved In a sincere effort to help young blacks, still other factors which work against an easy in disruptive activities on the campuses. our colleges and universities have put them solution. Most of our college presidents have According to the Attorney General of the in competition with students who were for­ enjoyed, up until a few years ago, a rather United States, we do have confirmed infor­ tunate to have had the benefit of superior ideal existence. They have lived and worked mation that a number of the university dis­ secondary educational backgrounds. Sadly, with young people in an ivy-covered, tree­ turbances reported have been incited by a this is a competition with which most of lined campus environment. Their lives have small cadre of professional militants who these underprivileged students cannot cope. been intellectually stimulating but politi­ travel from campus to campus across the These young people have soon become dis­ cally tranquil. Their concern was in promot­ country_ They are trained in turning peaceful couraged and disgruntled, making demands ing scholarship, not politics. and natural dissatisfaction and frustration for "meaningful" courses; that is, black Now they find themselves in unfamiliar into ugly, violent confrontation. Where this studies programs. Often, what they are really territory. They have little or no training for is the case, I support the application -of· the seeking is an easier curriculum which they the type of decisions they now must make. anti-riot provisions of the 1968 Civil Rights can master. Our schools of higher learning To make matters worse, many members of Act which make it a Federal crime to travel have been naturally and rightly reluctant the faculty who have been teaching and in- across state lines to incite a riot. It must 12628 EXTENSIONS OF REMARKS May 14, 1969 be clear that we will not tolerate profes­ Md.Seley overtook her and stabbed her twice sponsible for tl;le criminal behavior of his sional revolutionaries who seek to exploit our in the back. fellow-townsmen. serious students. Where their tactics violate Her screams shattered the stillness of a One of the most interesting examples of the law, they must be prosecuted if justice courtyard. area, reverberating from the sur­ the imposition of such police duties was the is to triumph. rounding apartment house brick walls. At requirement of hue and cry. If, for example, But the final solution really rests with our least thirty-eight neig;hbors of this woman anyone found a dead body and omitted to young people in college. As Sir Edmund 1n peril heard her cries. Not a single one took raise the hue, he committed an amerceable Burke said in a speech before the House of the trouble to pick up a telephone and call offense, besides laying himself open to ugly Commons, "All that is necessary for the police. suspicions. forces of evil to win in the world is for One neighbor on the seventh fioor of a The proper hue was "out! out!" Neighbors enough good men to do nothing." If the great dwelling heard the kneeling victim's repeated were then expected to turn out with bows, majority of our students, who are not in­ cries, "Help me, help me." His only response arrows and knives, which they were required volved in these disorders, sit idly by and was a !>hout from his window, "Hey, get out to have on hand. Besides much shouting, allow a small cadre of anarchists to disrupt of there." horns were blown so that the hue was horned and destroy their institutions, they too must Even this half-hearted assistance had its from village to village. Incidentally, if a share in the blame. It is time for them to effect. Moseley was frightened, left his vic­ man was overtaken by hue and cry while he stand up in support of their institutions. tim, jumped into his automobile and backed still had about him the signs of his crime, They must speak out, and they must exert it into an adjoining street. Kitty Genovese he was dealt with quite summarily. If the leadership. Their incentive should be that was able to remove herself from the scene of thief had about him any of the stolen goods, they have so much to lose by the destruction the attack around the corner to the vestibule he was promptly hanged, beheaded or pre­ of their institution. of an apartment house adjoining her resi­ cipitated from a cliff. Recently elections on college campuses dence. The responsibility imposed upon the com­ have dealt' severe blows to the prestige of It is fairly reasonable to aS'sume that if munity to prevent crime is also deeply im­ SDS and other radical groups. anyone awakened by her screams had taken bedded in the Anglo-American history of the This should serve as a message to the stu­ the trouble to call the police, Kitty Genovese jury system. The original juries that replaced dent body that the small group of anarchists might have escaped death. Moseley waited trial by battle, ordeal and compurgation, do not speak for the majority. They do not almost fifteen minutes before resuming his were actually neighborhood witnesses to the speak for the freedom of education; they enterprise of mayhem and murder. He did crimes that were presented or tried before do not speak for the impoverished people in so, he later testified, because he did not think them. They acted upon their own private in­ our country; they do not speak for the long­ that the person who yelled would come down formation as recognitors. suffering minorities; they speak only for to help. And he was right! For many centuries, no witnesses could be those who are dedicated to the destruction of After minutes spent searching the area for produced at trial by the prisoner. As late as everything that our founding fathers fought his wounded prey, Moseley discovered her 1670, Chief Justice Vaughn could rule that for and our gallant war dead died for. lying in the vestibule. He proceeded at once "the evidence in court is not binding evi­ Let them be reminded of Newton's Law to stab her in the throat when she began dence to a jury" (Bushell's Case, Vaughan's that "For every action there is an equal and to scream again. All told, a total of thirteen Rep., at p. 152). When later witnesses were opposite reaction." If these young people stab wounds were inflicted, four in the back permitted, they could not be sworn. Not until would study their history, instead of their and nine in the front of Kitty Genovese's 1816 in England, did jurors cease to be Wit­ handbooks for revolution, they would know body. Yet the victim was still alive more nesses and become independent triers of that nihilism and anarchy lead only to au­ than an hour later when she was placed in fact. thoritarianism and suppression. For as the an ambulance, and died only upon arrival philosopher, Santayana said, "Those who do Modern penal laws are stripped of sanc­ at the hospital (see People v. Moseley, 20 N.Y. tions upon non-action of communits' mem­ not remember the past are condemned to re­ 2d 64, 1967). peat it." If calm does not return to the bers in the face of crime with a few vestigial The tragedy of Kitty Genovese was her reminders of the past. It is misprision of cam.puses, I am afraid we may see a battle brutal killing. The greater tragedy was the line drawn down the center of the class­ felony under federal jurisdiction for anyone advertent omission of community response who, "having knowledge of the actual com­ room-on the one side the radical right, on that might easily have prevented her death. the other, the radical left. The loser in this mission of the crime of murder or other The significance of the higher tragedy for felony cognizable by the courts of the conflict will surely be the student who truly law makers and administrators is that such wants and needs an education. United States, conceals and does not as callous failure to assist is neither criminal soon as may be disclosed and make known Let us all hope that we have the sense nor in any other way unlawful. the same to some one of the judges or other and the wisdom to avert such a calamity be­ Nothing in Anglo-American law makes persons in civil or military authority under fore it is too late. Time is running out. criminal intentional omission to save life. the United States, shall be fined not more This is so even when assistance could be than $500, or imprisoned not more than rendered without personal danger or meas­ three years, or both" (18 U.S.C., sec. 261). urable risk of pecuniary loss or degree of This statute has been partially assimilated in KITTY GENOVESE TRAGEDY personal inconvenience. New York under "Hindering Prosecution" RECALLED "A man," Justice Holmes has said, "has (Penal Law, secs. 205.45-205.65), but, under a perfect right to stand by and see his neigh­ both, affirmative action is necessary for crim­ bor's property destroyed, or, for the matter inality. HON. JAMES J. DELANEY of that, to watch his neighbor perish for the A curious survival of "hue and cry" still want of his help, ..." ~ (The Common Law, persists in making criminal unreasonable OF NEW YORK 228). Only the imposition by law of a duty failure or refusal to aid a policeman in mak­ IN THE HOUSE OF REPRESENTATIVES to act makes omission criminal, and such ing an arrest (Penal Law, sec. 195.10), and Wednesday, May 14, 1969 duties are imposed only in a handful of in­ also for restricted medical personnel in failure terpersonal relationships. to report gunshot wounds (id., sec. 265.25). Mr. DELANEY. Mr. Speaker, law en­ When William the Conqueror brought his Modern withdrawal of numerous sanctions forcement officials are growing increas­ Normans to England a thousand years be­ upon willful omission to assist ought not to ingly concerned about the apathy of citi­ fore the tragedy of Kitty Genovese, so far be considered legislative approbation of zens in assisting in the apprehension and from being "perfect," no "right to stand Cain's question, "Am I my brother's keeper?" conviction of criminals. In this connec­ by" existed at all. Over most of England, all (Gen. iv). tion, I would like to call to my colleagues' persons, unless excused by rank or property The Anglo-American criminal law ma­ or other cause had to be enrolled in a tith­ chinery-unlike Continental ministries of attention an interesting article on this ing-a group of ten men presided over by a justice-cannot even begin to function with­ subject written by the Honorable tithingman. If one of the tithing committed out community assistance, no matter how Thomas J. Mackell, district attorney of an offense, the other nine men produced him many skilled professionals are provided for its Queens County, N.Y., in which my dis­ for trial. If they could not produce him, operation. Lay participation-in the form of trict is located. The article, which fol­ they had to make good the damage caused complainants, witnesses and others with in­ lows, appeared in the May 1, 1969, issue by the defaulter and pay a fine. formation and leads, as well as the cross­ of the New York Law Journal: Gradually, the tithing become synonymous section of the community to serve as grand with the territorial unit of a township. With and petit jurors, are indispensable. KITTY GENOVESE TRAGEDY RECALLED the coming of William the Conqueror, the The so-called "code" that makes us de­ (By Thomas J. Mackell) need for communal responsibility for crime plore "stoolpigeons," and persons who "blow At about 3 A.M. on March 13, 1964, Kitty was increased since the Normans were fewer the whistle" or "yell for the cops" is a Genovese parked her automobile near her than the Anglo-Saxons. Under the Normans, spurious guide to the conscience of the com­ home in Kew Gardens after driving alone if anyone were murdered and could not be munity. It is not sufficient merely to spurn from work. Winston Moseley had been cruis­ proved English, he was presumed to be Nor­ an opportunity to engage in criminal con­ ing th~ streets of Queens for an hour look­ man. The Hundred or Group of Ten tithings duct; affirmative action to report crime in a ing for a woman alone, contemplating mur­ was liable to pay a murder fine. Of course, moral incident of citizenship in an American der, rape and robbery. He had been following the township or tithing would have to con­ community. Kitty Genovese. He parked his car at a bus tribute its quota. It was logical then to make One step toward encouraging wider com­ stop and alighted. Kitty saw him and ran. each member of the tithing personally re- munity concern with crime is to encourage May 14, 1969 EXTENSIONS OF REMARKS 12629 wider community participation in the ad­ He said Mrs. Healey was taking a "right­ would serve to destroy and undermine the ministration of the criminal law. Such par­ ist" position in terms of Communist Party moral foundations of our children. The cur­ ticipation has been encouraged by three strategy. riculum of the public schools should contain recent decisions of the Supreme Court dis­ Hall wants to concentrate Communist re­ nothing that would drive a wedge in the par­ approving juryless trials for minor offenses cruitment on the entire working clam>. He ent-child relationship or that would de­ (Duncan v. Louisiana, 391 U.S. 145, 1968; claimed, in his Larchmont Hall speech, that stroy the family as a basic unit of social Bloom v. Illinois, 391 U.S. 194, 1968; Dyke v. the Los Angeles woman wanted to "forget organization. ~ Taylor Implement Mfg. Co., Inc., 391 U.S. the industrial workers and forget the orga­ The propelling force behind the teaching 216, 1968). nized sector of the working class." of sex in the public schools comes from a pri­ Such participation would reawaken com­ URGES TOTAL WORKING CLASS RECRUITMENT vately supported, so-called "health" agency munity awareness of the grave extent and known as the Sex Information and Educa­ nature of minor crimes that frequently form Hall also called for sweeping Communist tion Council to the U. S. or SIECUS. Their the basis of subsequent careers in major organizational attempts in the youth sector. humanistic materials, which excite the crime. He said the party must gather "all types of prurient interests of the young, have been militants" to form youth organizations, not made an integral part of sex education, fam­ limit young peoples cadres to "simply Marx­ ily life, or health courses in various school ists and Leninists." GUS HALL WOOS REDS IN LOS systems throughout the United States. He said he believed that young people SIECUS is involved in promoting a multi­ ANGELES MAYOR RACE would favor this broad type organization as million dollar exploitation of sex among the one which would allow them to accomplish nation's school children. Joining Dr. Mary their ends on campuses and elsewhere. Calderone, Executive Director, on the SIE­ HON. 0. C. FISHER Bradley has denied there are any Commu­ CUS Board of Directors are five associates OF TEXAS nists working for his election. who all hold dual positions as members of IN THE HOUSE OF REPRESENTATIVES "Just like (Gov. Ronald) Reagan, I ask the Hoard of Consultants of Sexology, a people to accept my philosophy, not I theirs," maga.7.ine which appeals to salacious and Wednesday, May 14, 1969 the councilman told a recent meeting. prurifmt interests and which is helping to Mr. FISHER. Mr. Speaker, the news On the councilman's election staff is an create the problems which SIECUS purports media have been rather generous in pub­ admitted former member of the Communist to solve. Party. Don Rothenberg, a campaign aide, }-_as Resolved that the Public Affairs Luncheon licity given to the current campaign for been identified as a Communist Party mem­ Club supports the teaching of physical hy­ mayor of the city of Los Angeles. A story ber before the House Committee on Un­ giene that promotes healthful living and which appeared in the May 2 issue of the American Activities. helm: establish proper health habits in the Los Angeles Herald-Examiner is of in­ Rothenberg admitted his former Commu­ pubUc schools but believes that attempts to terest because it indicates that the Com­ nist Party membership to The Herald­ promote the "new morality" or "situation munist Party, under Gus Hall, has in­ Examiner, but said he resigned several years ethics" approach to sex education involv­ jected itself into that campaign. It is ago. ing attitudes regarding sex, intersexual rela­ noted that the recipient of Hall's solici­ Hall wants to remold the party "ideologi­ tions, perversions, and birth prevention by cally, organizationally and politically," he SIECUS or any other interrelated organiza­ tude referred to it as being "too absurd" told the district convention. tion by any name which uses SIECUS ma­ for comment. He called on Southern California Commu­ terials or personnel for promotional purposes Under leave to extend my remarks, I nists to "march under the party banner." is not fit for our children and can only include the article, written by Phil "The struggle of racism," he said, "is the serve to weaken the religious faith and Hanna. It follows: place where the party should spend most morals of a generation of young people; and of its time in organization and develop­ be it further Communists in Los Angeles recently have ment." been urged by Gus Hall, general secretary Resolved that the Public Affairs Luncheon of the Communist Party in the United Club go on record as supporting Congress­ States, to give "total focus" to electing man John R. Ra.rick's bill which would es­ Councilman Thomas Bradley as mayor. SUPPORT FOR HOUSE RESOLUTION tablish a special ten-man Committee to con­ Bradley, on reading Hall's remarks, said 329 TO INVESTIGATE SIECUS duct a full and complete investigation into today: "It's too absurd to comment.'' the operations and tax-exempt status of Hall addressed the party's Southern Cali­ SIECUS; and be it further fornia district convention here at Larch­ HON. JOHN R. RARICK Resolved that copies of this resolution be mont Hall April 5. The meeting opened at OF LOUISIANA sent to the members of the Dallas School Board and surrounding communities and be the hall, 118 N. Larchmont Blvd., the eve­ IN THE HOUSE OF REPRESENTATIVES ning of April 4, and continued April 5. made a part of the public record. The Communist Party leader told fellow Wednesday, May 14, 1969 THE PUBLIC AFFAIRS LUNCHEON Communists that party members have a CLUB OF DALLAS, "historic responsib111ty they must accept" to Mr. RARICK. Mr. Speaker, I was Mrs. MILAM B. PHARO, elect the Negro councilman as mayor of Los happy to learn that the Public Affairs President. Angeles. I.uncheon Club of Dallas, Tex., had en­ Mrs. PHll.IP L. COLLINS, Hall told the Communist conclave: dorsed by resolution House Resolution Chairman, the Resolution Committee. "First let me congratulate you, the move­ 329, my bill to create a select committee APRll. 21, 1969. ment and worlting people, for the (primary) - to investigate the operations and tax­ election results of last week. I think it is a exempt status of the Sex Information tremendous achievement. I think it has tre­ mendous significance for the future, of not and Education Council of the United THE ABM DEBATE CONTINUES­ only Los Angeles, but for the struggle in States, and like organizations. FURTHER DOUBTS RAISED America. I include a copy of their resolution, as YOU MUST GIVE TOTAL FOCUS follows: "I think above all, and among other RESOLUTION: CONCERNING THE TEACHING OF HON. GEORGE E. BROWN, JR. achievements (it is) a tremendous blow SEX IN THE PUBLIC SCHOOLS OF CALIFORNIA against racism, and I would only urge that The 500 members of the Public Affairs IN THE HOUSE OF REPRESENTATIVES we see the full significance and I would sug­ Luncheon Club of Dallas believe that the Wednesday, May 14, 1969 gest that you take seriously the idea that right of parents to teach their own moral you must, as a party, be able to give total values to their children is inalienable and Mr. BROWN of California. Mr. Speak­ focus-I mean total focus-for the next two that sex education is too intimate and per­ er, opposition to President Nixon's pro­ months on the election of Bradley. sonal to be subjected to group study and "I think there is a historic responsibility therapy of the classroom. In a classroom sit­ posed Safeguard ABM has brought to­ that you must accept, that no stone will go uation, the readiness of each child varies, gether heretofore divergent groups and unturned or untouched in the election of and perfectly accurate information can be individuals-Democrats, Republicans, Bradley for mayor." disturbing and damaging if the child is not independents, conservatives, liberals, la­ Bradley, a former Los Angeles police lieu­ ready intellectually or emotionally. Indoc­ borers, students, professionals, scien­ tenant, polled high in the April 1 city pri­ trination devoid of moral values encourages tists, and so on. mary and will meet Mayor Sam Yorty in a permissiveness at a time when our nation is In many cases, those who now find run-off election May 27 for the city's highest suffering from the effects of a lack of self­ office. discipllne. themselves expressing severe d-0ubts Hall differed with long-time Southern Biological facts taught in school courses about the need for ABM never before California. Communist Mrs. Dorothy Healey, at suitable ages have proved valuable, but had occasion to question seriously broad an arch-rival, as to the focus of the party to move into the social and behavioral as­ issues of military power in our society. in the future. pects of sex void of moral and human values Over the past months I have had the 12630 EXTENSIONS OF REMARKS May 14, 1969 opportunity to directly participate in the of weapons of war and destruction must hope symbolized !or us in_ Easter and Pass­ awakening by citizens who are greatly come, our administration and military pro­ over can become new possibilities for the pose to continue that development by an agonized people of today's world. worried about implications of the ABM even greater reliance on nuclear weaponry NATIONAL RELIGIOUS COMMITTEE OPPOSI~G ABM system. In March I shared the rostrum through the creation of an antiballistic mis­ at MIT during the "March 4 demonstra­ sile system. Executive committee tion" when Dr. George Wald made his We do not believe that an ABMsystem will Chairman: Dr. Reinhold Niebuhr, Profes­ superb address on the overriding ques­ really safeguard world peace or increase our sor Emeritus, Union Theological Seminary, t ions now facing this Nation; later that nation's security. On the contrary, the pro­ New York, N.Y. month I was a sponsor of the Congres­ posed plan makes nuclear warfare more like­ Dr. Robert McAfee Brown, Professor of Re­ ly by permitting the nuclear arms race to ligion, Stanford University, Palto Alto, Calif. sional Conference on National Priorities proceed. The world will not interpret a deci­ Bishop John J . Dougherty, President, Seton and the Military Budget; last month I sion to deploy ABM as a "defensive" gesture Hall University, South Orange •. N.J. was in ·Fargo, N. Dak., to speak at the on our part, since it can only force other Rabbi Abraham Heschel, Professor, Jewish initial meeting of the North Dakota Cit­ nations to upgrade their offensive nuclear Theological Seminary, New York, N.Y. izens Against the ABM; 2 weeks ago I capabilities in response. We are unconvinced Rev. Channing Phillips, Lincoln Memorial hosted members of the Union of Con­ by the argument that the system is designed Congregational Temple, Washington, D.C. cerned Scientists when they came here to discourage China from attacking us, since National committee it has subsequently been promised that if to Washington to outline their dissent Russia de-escalates we will not need to build Dr. John Bennett, President, Union Theo­ on ABM; and this week I shall travel to t he system after all. We are unconvinced by logical Seminary, New York, N.Y. Miami, Fla., to a meeting of the Florida the claim that a "thin" system is what we Dr. S . Loren Bowman, General Secretary, Coalition on National Priorities. are asked to approve, for once begun, such General Brotherhood Board of the Church of Throughout my participation in this projects have an almost irreversible momen­ the Brethren. tum t hat is increasingly difficult to curb or Dr. Balfour Brickner, Union of American "movement" I have noticed one recur­ Hebrew Congregations, N.Y. ring thing-that opposition to ABM was deflect. And, we are distressed by the arguments Dr. J. Edward Carothers, Associate General­ very broadbased, and that wherever the for a missile system used by our administra­ Secretary, United Methodist Boo.rd of Mis­ public had been exposed to varying tion and military which seem designed to sions, New York, N.Y. viewpoints about ABM, understanding exploit the natural fears and confusions of Dr. Harvey Cox, Professor of Divinity, Har­ and opinions were much more clear cut. our people and which appeal to a narrow vard University. Of course, here in Congress the ABM nationalism at a time when world concern Bishop William Crittenden, Episcopal should be evidenced. Bishop of Erie, Pennsylvania. issue still is far from decided. Many Bishop Charles F. Golden, Bishop of the final The administration and military, in short, Members have yet to come to a de­ appear to us to have made an ill-conceived San Francisco Area, United Methodist cision on the value of the proposed decision and subsequently to have begun a Church. Safeguard system. I believe it imperative vain search for arguments that would con­ Dr. Dana McLean Greeley, President, that those Members be given the whole vince a skeptical public. We remain uncon­ Unitarian-Universalist ruisociation of Amer­ range of arguments on the entire ABM vinced. ica. concept, and by this I do not necessarily We are convinced that such a missile sys­ Bishop Thomas Gumpleton, Auxiliary mean that such exposure be limited only tem can only persuade other nations to in­ Bishop, Roman Catholic Archdiocese of De­ crease their offensive caps.city in an effort troit. to the technical aspects of ABM. to cancel our defensive advantage, after Dr. David R . Hunter, Deputy General Sec­ While the technical problems encoun­ which we will have to inocease our defensive retary, National Council of Churches. tered in any ABM system stand as a capacity in an effort to cancel their offensive Bishop John Wesley Lord, Bishop of the telling argument against deployment, advantage, and so on in a gruesome spiral, Washington Area, United Methodist Church. the so-called nontechnical--0r politi­ until just one small miscalculation is made Dr. Martin Marty, Professor of Church His­ cal-issues must be given as much con­ and the nuclear holocaust is triggered. tory, University of Chicago. sideration. The effect that ABM deploy­ We are convinced also that the ABM sys­ Bishop James K. Mathews, Bishop of tem would draw resources away from the Boston Area, United Methodist Church. ment has on arms talks and on further pressing needs of our decaying cities and our Dr. Patrick McDermott, S .J., Assistant Di­ allocation of resources is largely inde­ oppressed poor. The cry of the downtrodden rector of the Division of World Justice and pendent of the purely technical side of poor, the sick, and the hungry in the midst Peace, the U.S. Catholic Conference, Wash­ the debate. of fabulous afil.uence makes us all guilty be­ ington, D.C. Today I would ·like to insert in the fore God and before our fellow man. An in­ Bishop Paul Moore, Suffragan Bishop, The RECORD what I consider two important vestment in ABM would perpetuate the Episcopal Diocese of Washington; D .C. agony of the poor and the guilt of our na­ Rev. Richard John Neuhas, St. John The contributions in the drive to halt ABM tion for many yea.rs to come. We cannot Evangelist Lutheran Church, New York, N.Y. deployment. First is a statement by the stand still in the face of an imminent moral Michael Novak, Dean, State University of National Religious Committee Opposing disaster. New York at Old Westbury. ABM, a nationwide interdenominational Somewhere, sometime, a halt must be Dr. Culbert G. Rutenber, President, Ameri­ group headed by Dr. Reinhold Niebuhr; called to this senseless expansion of military can Baptist Convention, Valley Forge, Penna. and second is a staff study, "On the Is­ might which can not only kill but can "over­ Bishop James Shannon, Auxiliary Bishop, kill." That time is now. Having developed Roman Catholic Archdiocese of St. Paul­ sue: ABM," prepared by the National Minneapolis. Citizens Committee Concerned About the ABM system to its present stage, to put it aside would be a powerful symbol of our William P. Thompson, Stated Clerk of the Deployment of the ABM, a group which naition's determination to stop the arms race General Assembly, The United Presbyterian has on its executive committee such and proceed on the way of peace. In a time Church in the U.S. persons as Roswell Gilpatric, Arthur of the celebra,tion of renewed life we must Executive Director: Rev. John Boyles, As­ Goldberg, Whitney Young, Jr., and W. st op our preparation for death. Therefore, sistant Chaplain, Yale University. Averill Harriman. I include these arti­ we unequivocally oppose the construction of Liaison to Organizations: Mr. Robert cles in the RECORD at this point: the ABM, and we urge others who feel as Maurer. we do to join us in making their views Institutional affiliations for identification STATEMENT OF NATIONAL RELIGIOUS COMMIT­ known, particularly to members of our Con­ only. TEE OPPOSING ABM, TUESDAY, APRIL 29, gress since they have the final responsibility HOTEL ROOSEVELT, NEW YORK CITY for stopping nuclear madness. We call upon ON THE ISSUE: ABM Our nation has just celebrated the Chris­ ohurch and civic groups to examine thor­ (Prepared by the staff of the National Citi­ tian and Jewish Holy Days of Easter and oughly the moral issues involved in the ABM zens Committee Concerned About Deploy­ Passover. Both events remind us all of mighty and then to make known their beliefs. ment of the ABM) acts of deliverance and fresh hope for de­ We call upon the American people to re­ (NoTE.-Responsibility for the contents of spairing peoples. Both events were also chal­ spond in such a way that when men of the lenges to the established political powers of this paper, and any mistakes, opinions, or future look back to this era of human his­ interpretations remains solely with the staff; their times. These themes--0f deliverance, tory they will say, "The defeat of the ABM hope and challenge-are the con text out of not with any individual member of the Com­ proposal was the beginning of a great break­ mittee, New York, N.Y., April 1969.) which we declare ourselves on an issue of through, the moment when a major world ultimate consequence for the agonized peo­ power demonstrated its willingness to beg:in INTRODUCTION ple of today's world. a new quest for peace and repented of the For the past several months, a furious de­ We are disturbed by the increasing de­ old, mad race toward war." Our present war­ bate has been raging in the public forums pendence of our national government on ring madness, grievously violates God's prom­ of this country-in the Senate and the House military might and nuclear weaponry as the ised purpose for man's fulfillment in history. of Representatives, in the media, and among means of securing world order. At just the We challenge this madness. Through such a the members of the scientific and military time when a halt in the insane development ch allenge, we believe, the deliverance and communities-about whether or not the May 14, 1969 EXTENSIONS OF REMARKS 12631

United States should deploy an anti-ballistic clearly and convincingly on this complicated THEORY OF DETERRENCE missile system (ABM) . subject. I. Definition of deterrence Within the next few months, the bills au­ I. Arguments against the ABM Prevention of war between ll<ions which thorizing and appropriating funds for the The arguments against the ABM can be possess strategic nuclear weapons, such as Safeguard ABM system will be before the the United States and the Soviet Union, is Congress. Ultimately, the Congress may de­ organized into two general categories: First, why the · ABM will not contribute to our based on the principle of deterrence. Quite cide whether or not the Safeguard system simply, a nuclear power is deterred from will be built and deployed at various loca­ national security. Second, how deployment will have detrimental consequences. attacking another nuclear power because tions around the United States. These bills each knows (or thinks) that even if all the will almost certainly pass the House, but the A. Why ABM Will not Contribute To Our missiles and weapons it fired at its adversary vote in the Senate may be very close. Since National Security were to hit their targets, the attacked coun­ no bill can become law unless approved by 1. It will not work: The ABM system can­ try would have sufficient weapons remaining both houses of Congress,1 deployment of the not really defend the United States in case after the attack to strike back and cause ABM can be stopped in the U.S. Senate. of an enemy attack because it is technically unacceptable damage to the attacker. Even before the bills reach the fioor of the imperfect. II. Mutual deterrence Senate, the Administration has several op­ 2. Even if it worked, the ABM defense can tions which would enable it to stop or defer easily be penetrated: An enemy can easily Mutual deterrence requires that all enemy deployment. One alternative (suggested by overwhelm or confuse the most perfectly countries, possessing strategic nuclear weap­ Dr. Killian of the Massachusetts Institute of ons, respect each other's "second strike ca­ operating ABM defense. pability," i.e., each country's ability to 'With­ Technology) would be to appoint a Presiden­ 3. Even if it worked and even if it could tial Commission to review all aspects of the not be penetrated, the ABM is not needed: stand a "first strike" and effectively retaliate. ABM. Another alternative would be to ini­ Country A ls deterred from launching a "first With our present nuclear arsenal we have strike" at country B because A thinks that tiate arms control negotiations with the sufficient offensive missiles to destroy the Soviet Union as soon as possible. Secretary B's "second strike" capability is sufficient to Soviet Union as much as eight times over, assure unacceptable destruction of A's popu­ of State William Rogers, in recent testimony even if they attacked us first. before the Subcommittee on International lation and productive capacity. Each recog­ 4. Even if it worked and even if it could nizes that an unstable situation would be Organization and Disarmament Affairs of the not be penetrated, deployment of the ABM created if either side attempted to achieve a Senate Committee on Foreign Relations, in­ will upset the balance of strategic power now dicated that the disarmament talks might "first strike" capability, i.e., the power to existing between the two major nuclear pow­ annihilate its adversary before the latter in fact be a feasible and desirable alterna­ ers. tive to deployment of the ABM. He indicated can retaliate. It is generally acknowledged that such talks might begin this spring or B. How Deployment of the ABM Will Have that the U.S. and U.S.S.R. have achieved summer. Detrimental Consequences "mutual assured destruction" and that the It is within the power of either the Ad­ 1. The ABM will cost huge amounts of fear of each other's "second strike" capability ministration or the Senate to stop the pro­ money: Deployment will cost many more has resulted in a strategic stand-off. posed deployment of the Safeguard ABM sys­ billions of dollars than the Administration In his recent article, The Future of the tem. Whether either will do so depends, more currently estimates. But even if it cost only Strategic Arms Race: Options for the 1970's 3 than anything else, on expressed public opin­ the seven billion dollars, this money could (enclosed), Dr. George W. Rathjens explains ion. American public opinion, as indicated be better spent on domestic problems. how the U.S. and the U.S.S.R. have achieved in the Gallup Poll of April 5, 1969, is still 2. Deployment will ca.use the arms race to a "stable deterrent balance" based on de­ ill-defined or unformed on the ABM ques­ resume, thereby increasing the chance of structive potential of the "second strike" tion. According to the survey, only 69 per nuclear holocaust: Deployment will encour­ capability. He describes in detail how it would cent of the people questioned had ever heard age the Soviet Union to develop penetration be suicidal for either side to launch a first of the ABM controversy and only 40 per cent aids and increase offensive missile strength strike against the other under any circum­ of those questioned had formed an opinion. to counter the ABM defense. In response, stances and analyzes the dynamics of the Unfortunately, that 40 per cent favor the the U.S. will inevitably expand its arsenal. arms race. ABM program by a five to three ratio. Our 3. Deployment of the ABM system would III. Preserving a second strike capability energies must be devoted to explaining the make it improbable that the United States A country can use a number of methods to issues to the 60 per cent who either have not will accept a comprehensive test ban treaty preserve a second strike capability, and thus heard the issues or have not made up their until the mid-1970s: Deployment Of the maintain the stable deterrent balance. minds. Through an intensive education pro­ ABM will require testing of components such First, it may increase its number of of­ gram, it is possible to rally the American as the nuclear warhead for the Spartan mis­ fensive weapons to an extent that it would public against deployment. sile, thereby preventing the United States be impossible for enemy first strike weapons The ABM presents a unique set of problems from signing a treaty prohibiting all testing to destroy all of them. If the Soviet Union with respect to educating the public. First, of nuclear weapons. increases its strategic offensive weapons, discussion of the ABM can involve the most 4. In fact, its desire to perfect the ABM America could do the same. This action­ esoteric aspects of not one but several sophis­ may tempt the U.S. to violate the existing reaction phenomenon results in an arms race ticated academic disciplines from Nuclear test ban treaty, which prohibits testing of until a balance is reached, i.e., until each Physics to Sino-Sovietology. Second, the dis­ nuclear devices in the atmosphere. side feels it has a second strike capability cussion involves the emotional questions of 5. In a nuclear war, explosion of ABM's (from the point of view of the other) to deter national defense and national security. will increase the total amount of radioactiv­ a first strike. Third, the rationale for the ABM-why we ity in the atmosphere. With the development of the MIRV (Mul­ need it-has been changed several times; e.g., 11. How to counter the administration's tiple Independent Re-entry Vehicle), a single President Johnson said it was needed to pro­ rationales for deployment missile can now carry three to ten independ­ tect us from the Chinese, while President Secretary Of Defense Melvin Laird has ent warheads. In effect, MIRV now permits a Nixon claims it is really needed primarily country to increase its offensive capability 2 stated in recent Senate hearings that the because of the Russian threat. Never has an ma.in reason we need the ABM is that our without increasing the actual number of issue of such subtlety and complexity been nuclear arsenal is too weak and too small to missiles. Dr. Rathjens explains the relatio;i debated so widely and openly in the public cope With the Soviet Union's planned in­ between ABM and MIRV. He is concerned forums. But never has an issue so widely de­ crease in offensive missiles. It is imperative with the effect on deterrence of both rystems, bated been so little understood by the gen­ that every American understand that not independently or in combination. eral public. only do we lack information on how many Second, a country may protect its strategic The purpose of the National Citizens Com­ more offensive weapons the Soviets plan to offensive weapons so that first strike enemy mittee concerned about deployment of the build, but even if they were planning to weapons cannot succeed in destroying ABM and the enclosed material is to help you substantially increase their offensive weap­ enough of the attacked country's strategic clarify the issues involved in the ABM debate ons, our weapons systems are strong enough weapons to deprive the attacked country of for the man on the street. Although the sub­ and numerous enough to deter the Soviets a second strike capability. "Protection" of ject seems complex, it can be easily under­ from launching a surprise attack. In advo­ strategic weapons can be achieved in various stood and explained if the issues are analyzed cating the Safeguard ABM as necessary to ways. The underground sites in which inter­ separately and if the military jargon is trans­ protect our land-based missiles, the Admin­ continental ballistic missiles are kept can be lated into language comprehensible to the istration seems to ignore cheaper more reli­ hardened so that an enemy missile will have layman. Your job as a spokesman against de­ able methods to improve our defense-meth­ to actually hit the site, or come very close to ployment of the ABM is to present a few ods such as further hardening the silos hous­ it, before it can destroy the missile inside. effective and understandable points and be ing our land-based ICBMs, increasing the Third, American strategic intercontinental prepared to answer, clearly and simply, number of Polaris submarines, et cetera. bombers carrying nuclear warheads (B52s questions regarding its complexities. Below is The numbers of nuclear weapons we pos­ and B58s) are kept on instant alert. As soon a suggested structure of argument against sess are enormous and their destructive pow­ as incoming missiles are detected by radar, the ABM. The enclosed summaries and re­ er is horrible. And faced with the statistics many of these airplanes can be in the air prints of articles should enable you to speak of the incredible extent of our present weap­ before being hit by the missiles. onry, it becomes nearly impossible to argue Fourth, strategic missiles carried by sub­ Footnotes at end of article. that we need more. marines constitute a second strike force that CXV--795-Part 9 12632 EXTENSIONS OF REMARKS May 14, 1969 is nearly impossible to destroy given the highly sophisticated radar system which is analyzes 13 major Air Force/Navy aircraft present state of technology. Since it is di.ftl­ in some ways similar but not nearly as com­ and missile programs with sophisticated cult to detect and track submarines and be­ plex as those in the ABM system. All the electronic systems. The programs were initi­ cause submarines can be constantly mobile, individual sub-systems of the F-111 func­ ated since 1955 at a total cost Of 40 billion it is highly improbable and almost virtually tioned perfectly when tested alone. But dollars. The paper describes how only 4 to 13 impossible that an enemy's first strike could when the Integrated system was put into missile and aircraft systems initiated by the annihilate the destructive power of a sub­ combat for the first time in Vietnam, five of Air Force or Navy since 1955 had "satisfac­ marine fleet. the eight aircraft crashed, apparently due tory" performance, i.e., 75 percent or better IV. How deployment of ABM's might affect to technical failures in the operation of the of predicted reliab111 ty: an adversary integrated system. "Less than 40% of the effort produced sys­ IV. Testing and the Nuclear Test Ban Treaty tems with acceptable electronic perform­ The advocates of the a~~i-ballistic missile ance-an uninspiring record that loses fur­ reason that such a system is needed to pro­ Should the United States attempt to sim­ ther lustre when cost overruns and schedule tect our strategic offensive Minuteman (land­ ulate conditions of a nuclear attack in order delays are also evaluated.... based) missiles. They argue that the ability to more ·fully test the ABM system as a unit, "Systems of increasing complexity . .. re­ of the ABM to destroy incoming enemy mis­ it might be tempted to violate the Nuclear quiring new radars, computers or circuitry siles before they reach their target will in­ Test Ban Treaty which prohibits the testing experienced cost overruns of 200-300 % , crease the protection of America's strategic of nuclear devices in the atmosphere. Such schedule delays averaging two years and land-based offensive Minuteman missiles and a violation would aggravate the tension be­ most importantly, low performance when thereby increase America's second strike tween the U.S. and U .S.S.R. and increase the the operational system was deployed." capability. probability of nuclear confrontation. His conclusion concerning 11 high risk As explained by Dr. Rathjens, deployment In recent testimony before the Subcom­ electronic programs was that average reli­ (building) of an ABM system may result in mittee on International Organization and ability was only 50 percent of predicted re­ ttrategic instabil1ty and, therefore, either Disarmament Affairs of the Senate Com­ liability; and that in the seven projects with increase the risk of irrational behavior by our mittee on Foreign Relations, Dr. John Foster, development times of four years or less, per­ adversaries or cause them to increase their the Pentagon's Director of Defense Research formance dropped to an average of 28Y:z per offensive weapons. and Engineering, said that because of the cent of that predicted. The deployment of ABMs by country A may need to test the warhead for the Spartan The weapons systems which Stubbings cause its adversary, country B, to fear a first missile of the Safeguard ABM system, the studied are much less complex than the com­ strike. Why? Country B may think that A United States would not be able to enter pletely integrated proposed ABM system. could strike first, using the ABMs to counter into a comprehensive nuclear test ban treaty B's retaliatory missile!3. In other words, coun­ until at least 1973. HOW THE ABM DEFENSE CAN BE EASil. Y PENETRATED try B might reason that country A would be V. Components of the ABM system Several inexpensive methods have been de­ tempted to launch a nuclear attack with The components of the ABM system are the confidence that its ABMs will effectively veloped to aid in penetrating the ABM sys­ described on page 26 of Newsweek, March tem and rendering it ineffective: limit the destructive capability of B's second 24, 1969 (reprint enclosed). These are: strike weapons. In this way, the deployment 1. One ABM is needed to intercept each of ABMs could unsettle the current stable A. PAR-the Perimeter Acquisition Radar­ attacking missile (ICBM). Consequently any deterrent balance by giving one side virtual a long-range radar system which performs ABM defense system can be easily over­ first strike capability. In turn, this would the initial tracking of an incoming enemy whelmed if the number of ICBMs fired by push its adversary to develop a missile force missile when it is still very far away from the enemy exceed the number of anti­ capable of penetrating the ABM shield. Its target. This sub-system is still being de­ missiles in the ABM system. Even if only a signed and so testing has, of course, not yet few enemy ICBMs hit their targets, they WHY THE ABM Wll.L NOT WORK begun. could cause unacceptable damage. I. Testing the components B. MSR-the Missile Site Radar-this is 2. Instead of going to the expense of build­ The proposed ABM system is perhaps the a more accurate radar system than the PAR, ing more ICBMs than ABMs, the offense can most complex undertaking in the history but with a shorter range. After the PAR simply and cheaply confuse the defense with of man. The system is not simply a single plots an initial estimate of an attacking decoys. An ICBM can carry many balloons weapon but is composed of five intricate missile's course, the MSR takes over, con­ to be released and inflated into the same and interlocking sub-systems-two distinct tinues tracking the incoming missile, and shape as the real ICBM, as soon as it is missiles, two distinct radars and a highly guides the ABM to intercept it. Tests on this within range of the defense's radar. Thus, sophisticated data processing system. Three sub-system are under way, but have not yet the offense can overwhelm and penetrate an of these sub-systems still have to undergo a been completed. ABM defensive system at a fraction of the great deal of testing, and one major sub­ C. Spartan--this is e. long-range anti-bal-. cost at which the defense was constructed. system is stlll in the design stage. There is listic missile which intercepts enemy missiles 3. The ABM carries a nuclear warhead to no assurance, as yet, that the components from 300-500 miles away from the target. destroy incoming missiles. When this war­ of the Safeguard will work even individually. Tests of this sub-system are under way, but head explodes, its radiation causes ionization have not yet been completed. of the surrounding atmosphere. The ioniza­ II. Testing the complete system D. Sprint-this is a short-range ABM which tion blacks out the radar tracking systems Even if all five sub-systems had been suc­ intercepts those missiles which get past the upon which the ABM depends. In Ollder to cessfully tested individually, there is no as­ Spartan, at a range of 20-50 miles from the penetrate an ABM defense, the offell8e needs surance that they would function with any target. Most of the testing of this system only to fire one ICBM, followed shortly by degree of reliab111ty as a fully integrated has been -completed. another ICBM fired at the same target. Even system. Moreover, any test of the integrated E. Data processing equipment-the ABM if the first ICBM is destroyed, the explosion • system would probably be inadequate. Such requires an intricate computer system to of the ABM warhead will cause ionization a test would involve the interception of a process the information collected by the of the atmosphere and the ABM radar sys­ few ICBMs under ideal, experimental con­ PAR, transfer it to the MSR, and then co­ tem would be unable to track the second ditions. The conditions under which the ordinate the guidance of the anti-ballistic ICBM. system would have to function in case of a missile by the MSR. There has been some These and other inexpensive methods of surprise attack by hundreds of enemy mis­ difficulty encountered in designing computer penetrating an ABM system are discussed in siles and decoys could not be duplicated. programs for the exceedingly complex job greater detail in the enclosed article by Dr. The Pentagon's experience with complex which the computer equipment must per­ Richard L. Garwin and Nobel Prize winner weapons systems of this type is that they form. Dr. Hans Bethe, "Anti-Ballistic Missile Sys­ rarely can be expected to function adequately How much testing is still required by com­ tem," Scientific American, March 1968. the first time. They can only be made effec­ ponents of the proposed Safeguard ABM WHY THE ABM IS NOT NEEDED tive through successive testing and subse­ system is apparent from the testimony of In announcing his decision on March 14, quen~ modification. In fact, the effectiveness Deputy Secretary of Defense David Packard 1969, President Nixon gave three reasons for of the ~tal system can never be known until before the Subcommittee on International an actual attack. Judging from past ex­ .deploying the Safeguard ABM system. Organization and Disarmament Affairs of the I. Protection of our land-based retaliatory perience with complex radar and tracking Senate Committee on Foreign Relations, forces against a direct attack by the Soviet sub-systems, it is highly probable that the March 21, 1969. Union. ABM would fail to perform adequately the first time it was actually needed to defend VI. Additional material II. Defens"e of the American people against against enemy missiles. Nuclear war does The enclosed statement by Dr. Herbert F. the kind of nuclear attack which Communist York submitted to the Subcommittee on In­ ,China is likely to be able to mount within not grant a second chance to an ABM sys­ the decade. tem which has failed the first time. ternational Organization and Disarmament Affairs of the Senate Committee on Fo-1.gn III. Protection against the possibility of III. The TFX example Relations, March 11, 1969, provides an ex­ accidental attacks from any sources.G - An excellent example of the Pentagon's cellent summary of some of the problems in­ I. Do we need to protect our Zand-based (sec­ failures with such systems is the TFX or herent in the proposed ABM system as seen ond strike) capability against a Soviet F-111 fighter-bomber. The F-111 contains a by a distinguished scientist. attack? • A recent paper by Richard A. Stubbings,' The key to preventing nuclear war is "sec­ Footnotes at end of article. formerly with the Bureau of the Budget, ond-strike capability." This is defined as the May 14, 1969 EXTENSIONS OF REMARKS 12633 ability to withstand surprise nuclear attack launched, it breaks up into as many as ten D. U.S. Nuclear Forces in Europe and still retain weapons to inflict unaccept­ in,dependent nuclear warhe,ads. The one In ,addition, w~ have over 7,000 nuclear able damage on the attacker. The Soviet§ Poseidon, in effect, could become ten missiles. weapons overseas, many of which could hit will be deterred from attacking us as long as In other words, in our submarines alone, the Soviet Union from our bases in EU:rope even after a surprise attack, we would have we could soon have over 5,000 warheads and from our aircraft carriers in the Medi­ enough nuclear weapons left to devastate which can be fired at the Soviet Union. Each terranean and the Pacific. Thus, even if all them. submarine alone could have over 150 war­ our bombers, land-based, and submarine­ The proponents of the ABM allege that not heads and could be capable of destroying based missiles were destroyed, these over­ enough of our weapons would survive a millions of Soviets. Thus, even if the Soviets seas warheads would remain sufficient to Soviet first strike. The final rationale for the should develop an effective, near-perfect inflict probable unacceptable damage on the ABM system is that it is needed to defend weapons system to launch a surprise attack Sovet Union, that is, to preserve our second­ our ICBM missile sites-to assure that on nuclear submarines, we would still pos­ strike capability. enough survive--and so preserve our second sess an awesome second-strike capability. For In short, the United States possesses not strike capability. three submarines, equipped with the Posei­ simply one nuclear striking force, but four However, the United States already pos­ don, surviving such an attack, could have separate ones, any of which in the event of sesses so many kinds of nuclear weapons in about 480 warheads. Even if less than half total destruction of the other three forces­ such quantity, that an ABM system would were launched successfully, they might well plus severe damage to itself-would still simply be a needless addition to an overkill be able to inflict unacceptable devastation guarantee us a second-strike capability so capacity already sufficient to destroy the on the Soviet Union. More than three would devastating as to deter the Soviet Union from entire world 10 or 15 tl.Inea over. almost certainly survive-for no weapons a first strike. This is overkill with a ven­ In 1968, Secretary McNamara said o! our system is ever near-perfect. geance. It is difficult to understand why or second strike capability that " ... the most B. Minuteman Missile Force how American security could be threatened severe threat- we must consider in planning by not increasing this capacity further our 'Assured Destruction' forces [second We have land-based forces of 1,000 Min­ through deployment of an ABM system which strike capability] is a Soviet deployment of uteman missiles. Each of these missiles, if simply is not needed, which probably would a substantial hard target kill capability in MIRVed, can be equipped with up to t~ee not work, and which can be cheaply coun­ the form of highly accurate small ICBMs or nuclear warheads. If the Soviet Umon tered. MIRVed target ICBMs, together with an ex­ launched a surprise attack against these E. Soviet SS-9 ICBM's tensive, effective ABM defense. A large Soviet land-based missiles and if only 66 out of 1,000 survived, i.e., if the Soviet attack was Defense Secretary Laird testified in March, ICBM force With a substantial hard target 1969 before the Senate Committees on Armed kill capability might be able to destroy a 93.3 per cent effective and only 6.7 per cent of our Minuteman missiles survived, those Services and Foreign Relations that the large part of our residual missile warheads, Soviets were building an SS-9 ICBM capable including those carried by submarine­ would still be able to infiict at least 37 mil­ lion fatalities and destroy 72 per cent of the of carrying a 20-25 megaton warhead. He launched missiles. In combination, therefore, implied that these huge warheads were these two actions could conceivably seriously industrial capacity of the Soviets immedi­ ately-plus over 37 million more deaths designed to destroy our Minuteman {land­ degrade our [second strike] capability...• based) missiles and therefore prevent the even though such a threat is extremely un­ within the few days following the attack due to related causes. United States from launching a second strike. likely, we have taken account of the posai­ Whether the SS-9 is capable of carrying such bility in our longer range force planning. c. Strategic Bomber Force a large warhead is in dispute. In addition, the "Against the massive and highly unlikely Besides our missile forces, we have over larger missiles may be less accurate than combined greater-than-expected offensive 650 intercontinental bombers-over four smaller missiles. Finally, it would still require and defensive threats, the same forces with times as many as the Soviet Union-which at least one SS-9 armed with one warhead, Poseidon missiles carrying a full load of war­ carry about 1,000 warheads. Each bomber to destroy one Minuteman. Although the heads and With bomber penetration a.ids ... can carry several warheads in the megaton information is classified, each of our Minute­ could still destroy in a second strike . . . range. Some bombers have been equipped man silos are spaced about ten miles apart.9 about 18 to 25 per cent of the population with missiles having nuclear warheads If this is true, then it is impossible that a and two-thirds to three-quarters of the in­ (SRAM) that can be launched while the 25 megaton SS-9 warhead could knock out dustrial capacity of the Soviet Union: even plane is over 50 miles from the target-that more than one Minuteman missile, because after absorbing a surprise attack." 8 is, before they have come within range of it appears that even a 25 megaton warhead In order to understand Secretary Mc­ the most intense anti-aircraft fire. would have to hit within two miles of a Namara's statement-why we could sustain Our reconnaissance satellite over the So­ hardened Minuteman silo to disable the an enormous first strike by an enemy and viet Union would provide us with a thirty Minuteman missile. Our Minuteman silos are still be able to devastate him-we must ex­ minute warning, in case of a Soviet attack hardened to withstand at least 100 pounds, amine the components of the American nu­ against the United States. Many of these air­ but probably up to 200 pounds per square clear striking force. craft are on ready-alert to take off immedi­ inch of pressure. A. Polaris-Poseidon Submarine Missile Force ately and at least 40 per cent would be off The Soviets might put three separate war­ The United States possesses 41 nuclear sub­ the ground, in case of an attack, before the heads on each SS-9, increasing the number marines. Each of the 41 submarines carries Soviet missiles struck. Even if a Soviet sur­ of deliverable warheads and thereby increas­ 16 Polaris missiles-656 Polaris missiles in all. prise attack destroyed the 60 per cent of our ing the number of Minuteman silos destroyed At the present time, these subma-rines are aircraft which might be still on the ground by a Rusaian first 'strike. In this case, each practically invulnerable to Soviet attack. after a warning, we would still have more warhead will p-robably be no larger than five Secretary Laird recently stated that "We than twice as many intercontinental bomb­ megatons. Dr. Ralph Lapp, in his recent have our Polaris fleet of nuclear submarines. ers as Russia. paper of April 1969, calculates that it would This system is today virtually invulnerable. The most optimistic estimate for the ef­ still require more than one warhead (assum­ It cannot be attacked successfully by the fectiveness of an .anti-aircraft defense, ac­ ing each warhead is five megatons) to disable Soviet Union, and it increases the credib111ty cording to Dr. Jerome Weisner, is ten per a Minuteman missile in a silo hardened to of our deterrent tremendously, as far as our cent.s Under actual combat conditions, So­ withstand pressure of 200 pounds per square inch. second strike capability is concerned." 7 (em­ viet anti-aircraft missiles in Vietnam have phasis added) Even were all of our existing Minuteman had an effectiveness of only one or two per­ missiles destroyed by a Soviet first strike, If a Soviet first strike totally destroyed cent against American planes bombing North the United States still has its Polaris and (an impossibility) all our other missile Vietnam. This is because bombers, like mis­ Poseidon submarine-carried missiles as well forces, · the submarine-carried missiles siles, can employ numerous decoy devices to as our strategic bomber force, not to mention would remain. If less than one-third {200) confuse enemy defenses. In addition, the well over 7,000 tactical nuclear weapons were successfully launched, they could im­ mediately destroy over 37 million Russians manned bomber, unlike a missile, can change abroad. course or fly in at near-ground level to a.void As Secretary of State Rogers stated in and 72 per cent of the industrial capacity of response to the question: the Soviet Union. Another 37 million Rus­ early detection by radar. Thus, to defend sians would probably die within the next days against bombers in the air is in some ways "Question: Well, in your own mind, are the from fallout, injury, shock, and other col­ much more difficult than to defend against Soviets or are they not trying for first-strike lateral effects of the nuclear attack. missiles. capability? Suppose that a surprise attack destroys all "Secretary ROGERS. I have difficulty in This overwhelming second-strike capability believing that the Soviet Union would initi­ is to be greatly expanded within the next our sea-based and land-based missiles. If we ate a first strike. I have difficulty believing five years as the Polaris-which has one war­ assume an effectiveness ratio for Soviet anti­ that any nation would initiate a first nuclear head-is replaced by the Poseidon missile. aircraft defenses double that of the most strike because any leader or leaders of sound Each Poseidon is equipped with a system optinN.stic estimate (20 per cent) in the mind would know that it probably would known as MIRV, multiple individually tar­ event of a surprise attack, 80 of our bombers result in the destruction of mankind. getable re-entry vehicle or multiple war­ would still get through to the Soviet Union. • • head. This means that after the Poseidon is One-half that number probably could de­ "Certainly, it is difficult to understand why stroy 37 million Soyiet citizens and 72 per­ the Soviet Union is deploying SS-9's. Footnotes at end of article. cent of the Soviet industrial capacity. • • • 12634 EXTENSIONS OF REMARKS May 14, 1969 "But insofar as whether they are doing it It may be possible for a country, acci­ 2. In addition to production oosts, 10 per with the intention of actually having a first dentally firing a missile to change the course cent a year should be added for mainte­ strike, I don't believe that." 10 of that missile and send it into outer space. nance. Deployment of the ABM is scheduled II. Defense agatnst Communist China 4. The probablllty of an "enemy" missile to begin by 1972 and to continue at least firing accidentally should be compared to The second reason for deploying the Safe­ through 1980. So a conservative realfstic the probablllty of an accid~ntal firing-or ex­ estimate of maintenance costs for the eight guard is to protect America against Chinese plosion in a silo-of an ABM missile. To be missiles. year period woUld be 11.2 billion dollars. effective an ABM system must be fully armed This could go as high as 2'4.0 billion dollars 1. Tb1s assumes that the Chinese would be at all times, thereby increasing the proba­ or more. irrational enough to attack America, given b111ty of a warhead exploding by accident. the fact that in retaliation the United States Adding the figures under paragraphs one The damage from an accidental explosion and two, we find that our conservative esti­ could devastate China, especially Chinese in­ of an ABM missile in its silo could be much dustrial capacity which is smaller and geo­ ma.te of the cost of the ABM-including de­ greater than the damage from an acciden­ velopment, production, and maintenance, graphically more concentrated than that of tally launched enemy missile. the U.S. would be 2'5.2 billion dollars--and could go It is expected that by the mid-1970's, Com­ IV. Appendix-Inventory of nuclear weapons as high as 54.0 billion dollars or more. 3. Once a "thin" system is approved and munist China will possess from 30-50 ICBMs (Figures as of October 1968) which is less than one per cent of the pro­ deployed, the foot is in the door and pres­ jected American offensive capability by that sure increases to "thicken" the system, i.e., time. This means that if China should at­ United States U.S.S.R to expand it both in terms of the number tack the United States in this period, she of missiles deployed and the number of would be faced with the certainty of nearly Intercontinental ballistic bases. Estimates of the costs of a "thick" total incineration by an overwhelmingly missiles (ICBM) ______• 1, 054 900 system range from 75.0 to 400.0 billion superior American force. Sea-launched ballistic missiles dollars. (SLBM) ___ -- ______·---_ 2 656 75-80 2. China apparently has exploded a Intercontinental bombers ______a 646 150-155 Deployment of a "thick" ABM system thermo-nuclear device, but the Chinese have would probably be accompanied by a mas­ not even test-fired an ICBM. Secretary Laird sive civil defense program to protect the is quoted in the U.S. News & World Report Mtn~~:~~Ji~i~~le~1~ii~~3!~~/s~~~~mainder are solid-fueled population and new offensive weapons sys­ of April 7, 1969 to the effect that he thought 2 The United States has 41 nuclear submarines, each of which tem. The cost of these programs must also the Chinese might test-fire an ICBM Within carries 16 Polaris missiles. 31 are to be converted to carry the be calculated when estimating the cost of Poseidon C-3 MIRV missile. Each Poseidon can carry up to 10 the next 18 months, but that he did not independent warheads. the "thick" system. (It was estimated in anticipate that the Chinese Communists will a U.S. bombers are capable of carrying 3 to 4 warheads. Soviet 1965 that it woUld cost at least 38 billion have a significant ICBM capability before bombers are capable of carrying 2 warheads. dollars for a shelter system to protect only late 1975.u Source: Secretary of Defense McNamara! Posture Statement, 75 million of our urban population.)16 American and Russian experience with the January 1968, Congressional Record vol. 14, pl 13, p. 17212, and Rathjens, G. W. "The Dynamics of the Arms Race, Scientific II. Alternative expenditures development of weapons systems indicates American, April 1969, p. 20. that there is usually a substantial time pe­ An ABM system costing 10.0 billion dollars riod between the first testing of a system It is estimated that the Titan Il missiles represents the annual wages of 2 million and production. can carry a warhead between 5 and 18 mega­ fam111es earning $5,000 per year. 3. The best deterrent against Chinese nu­ tons. However, the Titan is considered less The recently completed moderate income clear attack is the threat of massive Ameri­ accurate than the solid-fueled Minuteman housing complex, Co-op City, Bronx, N.Y. can retaliation. Assuming the Chinese are as missile.12 which cost about 340.0 million dollars, will irrational as the present Administration The Soviets have deployed about 1,200 house over 60,000 people. On this basis, 7.0 seems to believe they are, they could de­ ICBMs. Of these actually deployed about billion dollars could be used to provide new stroy some of our cities by methods other 225 are SS-9s, about 50 are SS-lls, both of housing for over 1,260,000 people.18 Alterna­ than ICBMs-methods against which an which are liquid fueled. tively, 7.0 billion dollars could provide low ABM system would offer no protection: 1. SS-9: liquid-fueled ICBM estimated to cost housing for nearly 500,000 families. bombers equipped with nuclear warheads; be able to carry a warhead of 9 to 25 mega­ It is estimated that 1.4 billion dollars could weapons smuggled on to a neutral ship; a tons. provide job training for nearly 1,000,000 un­ missile launched from a ship close to Amer­ 2. SS-11: liquid-fueled ICBM, estimated to skilled workers.17 ican shores. In short, no adequate protection be able to carry a warhead exceeding 1 mega­ For less than one-fifth of one per cent of can be offered against an irrational adver­ ton. $10 billion we could innoculate all the chil­ sary. It should be pointed out, however, that 3. SS-13: a solid-fueled ICBM which the dren in the world against tuberculosis. although her propaganda may be bellicose, Soviets have just begun to deploy. It is esti­ III. Background material to date China's foreign policy ha.s been ex­ mated that it can carry a 1 megaton war­ ceptionally cautious. head.13 The ABM system involves two categories of expenditures: ( 1) expenditures for re­ III. Protection again.~t accidental missiles A majority of the Soviet land-based mis­ sile force is in the less reliable liquid fueled search and development (R&D); (2) expendi­ This last justification given for deploy­ type. Further, not all of them are in silos. tures for deployment; which include procur­ ment of the Safeguard overlooks several ing the components for the system, acquir­ points. In its most recent report, released April 1969, the Institute for Strategic Studies ing the sites for the radars and silos to 1. An accidental firing is highly unlikely. house the i:nissiles as well as maintenance It should be remembered that a missile in the (London) states that the Soviets have de­ ployed close to 1,000 ICBMs. Some of these and personnel costs. American ABM system could be fired acci­ When we refer to stopping the ABM we dentally or could explode in its silo as readily are solid fueled. The Institute's report noted that this development was not viewed as mean stop deployment, but not research and as an enemy ICBM. bringing a shift in the strategic power bal­ development. 2. An accidentally fired "enemy" missile ance because superiority in other delivery The present official estimated cost of about may not be armed, i.e., the various safety systems--planes and submarine missiles-­ 7.0 billion dollars includes neither main­ mechanisms that may be in warheads to would still give the United States a lead in tenance and personnel costs nor the cost prevent explosion until it is desired, may be the total number of nuclear weapons.u of continued research and development. Nor opera.ting even if the missile has been fired. does it reflect obsolescence of the system If such is the case, the ABM missiles sent up COST OF THE ABM which will require continual updating and to intercept an incoming missile may cause I. Offi,Cial estimated cost modernization to remain functional. more damage than the incoming missile. The official estimated cost of the Safeguard A. Obsolescence Should a Sprint missile be used to assure system is presently about 7.0 billion dollars. interception, its explosion would have blind­ However, this figure is almost certainly an When testifying in behalf of the Sentinel ing effects on the population which would be underestimate of the true cost for the devel­ system in 1967, Dr. John S. Foster, Director more damaging than the landing of an un­ opment and production of the ABM, for three of Defense Engineering and Research for the armed missile. reasons: Pentagon, stated, in reference to the obso­ 3. In the case of an accidentally fired armed 1. The ABM is a very highly intricate and lescence factor of the then proposed Sen­ missile, it :ma.y be equipped with fail-safe complex weapons system. Because of its in­ tinel ABM, that "because of the enormous mechanisms that permit the country con­ tricacy and complexity, there are almost cer­ quantities of equipment involved, and the trolling the missile to destroy or disarm it tain to be unforeseen difficulties in produc­ near rapid rate at which technology charges, after firing. Because the information is clas­ ing it. In the past 15 years, such diffi.culties to maintain an effective system one would sified, it ls not known whether it is possible have raised the price of new weapons of essentially have to turn over the whole sys­ to disarm a missile once it has been fired. similar complexity from two to seven times tem, the whole 20.0 billion dollars every few If this cannot be done, at present, perhaps their original estimate. Thus, it is realistic years." it would be easier and cheaper to develop the to expect that the ABM will at least double Secretary McNamara testified in January ability to disarm accidentally fired missiles in price, simply by the time it reaches the 1967, that had the Nike-Zeus system been than for nations to build complex ABM end of the production line, i.e., 14.0 billion produced and deployed, at an estimated cost systems. dollars would be a conservative realistic esti­ of 14.0 billion dollars, -most of it would have mate of its co.st. It CQuld go as high as 30.0 had to be torn out almost before it became Footnotes at end of article. billion dollars or more. operational, and replaced by new missiles May 14, 1969 EXTENSIONS OF REMARKS 12635 and radars.18 For that reason, President by Secretary McNamara in testimony before that our development of an ABM defense Eisenhower refused in 1959 to authorize con­ the House COmmittee on Armed Services in would reduce our fatalities ... they would struction.19 1967 that an opponent can counter the ef­ have no alternative but to increase the sec­ It was estimated that it would cost approxi­ fectiveness of an ABM system up to a certain ond strike potential of their offensive forces. mately 1.0 billion dollars per year just to level as comparatively less cost than required They could do so in several different ways. maintain the proposed "thin" Sentinel sys­ to build the ABM: Shown in the table below are the relative tem at today's price levels, not including re­ "If the Soviets are determined to maintain costs to the Soviet Union of responding to search and development.20 There is no reason an assured destruction capability/second U.S. ABM deployment in one of these possible to believe that the proposed Safeguard will strike capability against us, and they believe ways. require less. B. Accuracy of the Estimated Costs Level of U.S. fatalities which Soviets believe Cost to the Soviet of offsetting U.S. tl:"lst to There is no reason to believe that the esti­ will provide deterrence i: deploy an ABM: mated 7.0 billion dollars for installation of 40,000,000 ------$1 Soviet cost to $4 U.S. cost. the system represents the final cost. Cost 60,000,000 ------$1 Soviet cost to $2 U.S. cost. estimates given by defense contractors are, 90,000,000 ------$1 Soviet cost to $1 U.S. oost. more often than not, substantially under­ estimated. 1 U.S. fatalities if United States strikes 1st Source: CONGRESSIONAL RECORD, vol. 114, pt. For example, former Secretary McNamara and the Soviets retaliate. 16, p. 20714. stated, in January 1967, that a "thin" ABM system would cost 3.5 billion dollars to de­ Finally, if deployment of the Safeguard Sta.tes will react by building more ICBMs ploy. By September 1967, the estimated cost forces the Soviets---due to fear that America et cetera. had risen to 5.0 billion dollars (including the may launch a first strike-to increase their As the arms race spirals, so do the costs defense of Minuteman silos). In January offensive weapons, it is likely that the United and expenditures. 1968, the estimated cost of the "thin" Sen­ tinel system was still 5.0 billion dollars, but that figure no longer included the defense ABM FUNDING REQUESTS, FISCAL YEARS 1969 AND 1970 of Minuteman silos.21 [In millions of dollars) On March 2, 1967, when testifying before the House Committee on Armed Services, Secretary McNamara admitted that initial Funds requested Legislation, fiscal year 1970 estimates for the "thin" ABM system ". . . Authorization Appropriation may be underestimated by 10 to 100 per Fiscal cent." 22 year 1969, Fiscal Military Military appropri­ year 1970, Procure­ construc­ Procure­ construc­ Recently Senator Symington estimated Activity ated requested ment tion ment tion that the "thick" Sentinel ABM system, esti­ mated by the Pentagon to cost about 50.0 I. Sentinel/Safeguard : billion dollars, could run as high as 400.0 bil­ A. Military construction authorization... 227. 3 (97. l) ______97. l ------97.1 lion dollars. The Senator referred to a recent 1. Planning ..•••. __ ------______• 24. 4 ------study by the respected Brookings Institute in 2. Construction.------____ ------______3. Access roads ______43. 6 ------Washington, D.C. which stated, in part, that 4. R. & D construction ______16. 4 ------"during the 1950's virtually all large military 12. 7 ------B. Procurement.______342. 7 (360. 5) 360. 5 ------360. 5 ------contracts reflected an acceptance by the mil­ I. Sprint ______------__ _ 2. Spartan •• ______----- 26. 5 ------itary agencies of contractor estimates which 76. 6 ------3. Ground support equipment.. ______proved 'highly optimistic'. Such contracts ul­ 4. Production base support ______249. 3 ------­ timately involved costs in excess of original 5. Spare parts ______. 8 ------6. Communications ______4. 0 ------contractual estimates from 300 to 700 per 3. 3 ------cent." 23 C. Operations and maintenance______39.0 23.2 ------23. 2 ------C. Past and Current Costs D. Manpower______5. 7 9. 8 ------9. 8 ------~~~~~~~~~~~~~~~~~~~~~~~~~ The table below indicates approximately Subtotal, deployment______641. 7 490. 6 360. 5 97.1 393. 5 97. l how much has been appropriated for ABM E. Research and development, Sentinel/ systems since 1965 (fiscal year 1966). Since Safeguard .. ------_ 312. 9 400. 9 400. 9 ------400. 9 ------the Federal accounting year ends on June 30 Total, Sentinel/Safeguard. ____ ._ 927. 6 891. 5 761.4 97. l 794.4 97.1 every year, the funds involved are for the fiscal year indicated. II. Other ABM R & D: Nike-X ______:______165. 0 141. 0 141. 0 ------141. 0 ------"Defender"------______ABM APPROPRIATIONS 130. 0 ______SABMIS ••. ------3. 0 3. 0 ------3. 0 ------[In millions] Subtotal. ______268.0 144. 0 144. 0 ------144. 0 ------Deploy­ Grand total..______1, 195. 6 I, 035. 5 905.4 97. 1 Year Bill ment R. & D. 938. 4 97. 1

1965 (fiscal year 1966)1 ____ H.R. 9221. ______$400. o THE ABM WILL CAUSE THE ARMS RACE TO RE­ the ABMs could destroy most, if not all of 1966 (fiscal year 1967)1 ____ H.R. 15941.. $153. 5 431. 4 SUME, INCREASING THE CHANCE OF ~CLEAR the missiles launched by the U.S.S.R. in a 1967 (fiscal year 1968)1 ____ H.R. 13606._ 64. o ______HOLOCAUST H.R. 10738__ 287. 6 421. 4 second strike. This reasoning assumes, of 1968 (fiscal year 1969)1 ____ H.R. 18785.. 227. 3 ______According to the theory of deterrence, each course, that Americans will be confident that H.R. 18707 . . 342. 7 312. 9 nucle~r power must maintain second strike the ABM system will work well enough to 44. 7 268. 0 destroy enough of the Soviet missiles­ H.R. 17903..______324. 5 capability in order to deter the other side from a surprise nuclear attack. launched in retaliation to America's first strike-to prevent unacceptable damage to TotaL •.. ------_____ l, 129. 8 2, 158. 1 I. How might American deployment of the Grand total..______3,287.9 America. Although it is highly probable that ABM affect Soviet military planners? our ABM system will not be effective, the 1 No estimates for these years of how much of Atomic Energy Defense planners always base their needs Soviets will have no way of knowing this to Commission appropriations were used directly on R. & D. for on the worst possible expectations. Although be true, nor will they probably trust the the various ABM systems. the ABM probably wouldn't work and can be opinions of American ABM critics. easily penetrated, the Soviets would have to It has been estimated that as of 1969, ap­ It is not unreasonable to expect that the consider the worst possible case in planning Soviets may react this way when the Ameri­ proximately 6.0 billion dollars has been their defense needs. The worst possible case, appropriated for ABM systems. Most of this can response to the deployment of the Galosh from their point of view, is that the ABM ABM system around Moscow was to increase has been for research and development.2~ might work and shoot down large numbers For fiscal year 1970 (ending June 30, 1970) the number of offensive weapons. As Secre­ of their offensive missiles in order to retain tary McNamara testified on January 2, 1968: the Administration is requesting 905.4 mil­ their second-strike capability. lion dollars for procurement and 97.1 InilUon "Now, in the late 1960s, because the So­ dollars for construction, or a total of $1,002.5 II. Will deployment of the Safeguard make viet Union might deploy extensive ABM de­ million. Some of this includes funds for the Soviets feel that America might fenses, we are making some very important R&D. launch a first strike? changes in our strategic missile forces. In­ stead of a single large warhead, our missiles D. Related COst Required To COunter the In fact the deployment of the American Effects of an ABM System ABM system may cause. the Soviets to fear a.re now· being designed to carry several small warheads and penetration aids, because it is Not only is the proposed ABM system costly that America is building the ABM in order to construct and maintain but as indicated to be in a position to launch a first strike at the number of Wftrheads or objects which the Soviet Union. Soviet military planners appear to be warheads to the defender's ra­ may conjecture that the United States can dars, that will determine the outcome in a Footnotes at end of article. launch a first strike at Russia, thinking that contest wtth an ABM defense." 25 12636 EXTENSIONS OF REMARKS May 14, 1969 The American response to the Soviet The only argument Deputy Secretary our areo-dynamlc [airplane] rather than a ABM defense was to develop an increased Packard seemed to offer to the conclusion ballistic missile threat." zr offensive oa.pab111ty such as MIRVs. We prob­ is that the proposed Safeguard does not call C. The Galosh, deployment of which began ably can expect the Soviet.a to respond like­ for deployment of Sprint.a {short range mis­ about 1960, is. an ABM system around Mos­ wise to our deployment of an ABM system. siles) close enough to ·the cities so they can cow only. Although the exact number of mis­ The result is what Dr. George Ra.thjens de­ protect the cities. siles already deployed around Moscow is not scribes as the ABM-MIRV action-reaction But does the fact that Sprints are not known, "our intelligence appears to be good phenomenon. . deployed near the cities make the Safeguard enough that we can determine that the So­ The development of the MIRV (Multiple any less provocative? The primary defense viets have now deployed a.bout 75 missiles Individually Targetable Re-Entry Vehicle) · Of the cities under the Sentinel plan relied in their ABM defenses around Moscow, and marks a decisive escalation in the arms race. upon the longer ranged Spartan missiles. Will, when the defense is completed, have MIRV is a single missile which can deliver Because of the range of Spartans, the fact about 100 ... Former Defense Secretary several warheads against a separate target. that the sites are moved away from the cities Clifford told us, in fact, that the Soviets had The deployment of MIRVs would increase the probably does not make the Safeguard less apparently curtailed construction at some of tension between the t:.s. and the U.S.S.R. provocative. their ABM installations around Moscow." 28 because neither side could be sure of how WHAT THE ABM WILL DO WHEN IT It now appears that construction of the many warheads ea.ch missile carried. Assum­ "PROTECTS" US Galosh has been slowed down if not stopped. ing the worst of the other, ea.ch country Recently Secretary of Defense Laird stated would probably produce . their own MffiV The ABM destroys offensive missiles by ex­ that the Soviets have " ... slowed deploy­ force. Since ABM defense would easily be ploding its own nuclear warhead. The size ment of this system about a year ago, and saturated or exhausted by a MIRV attack, of the warhead on the Spartan is 2 megatons, have been going forward with tests of a more American deployment of an ABM makes it and the size of the warhead on the Sprint sophisticated ABM system in their test inevitable that the Soviet Union would pro­ is 10 kilotons. The nuclear weapon which grounds. We think for that reason they duce MIRVs, or other types of offensive mis­ destroyed Hiroshima was about 20 kilotons. probably Will not deploy many more of the siles. If the missiles of our own ABM system, es­ Galosh missiles around Moscow at this With luck, the chain of causation will end pecially the Sprint, explode their nuclear time." !!9 there. But it is likely that the deployment warheads it will increase the total amount of A recent report of the London-based In­ of large numbers of extra Soviet offensive radiation in the atmosphere. Moreover, the stitute for Strategic Studies states that the missiles, especially MIRVs, in response to detonation of the Sprint warhead Within the Galosh had encounered technical diffi.culties our ABM system will not go unnoticed. Pen­ earth's atmosphere at an altitude of only 20- and rising cost.a, but does not bear out Laird's tagon planners will urge that we respond 50 miles may blind, at least temporarily, if thesis that the Soviets are working on a more to the Soviet build-up by extending our ABM not permanently, anyone who happens to be sophisticated ABM. The report finds that system even further--or by building more looking at the time. " ... the dispute at the highest [Soviet] offensive missiles of our own. Nor is it likely On August 1, 1958, a nuclear device called military level over the value of this system that our reaction to the Soviet's reaction TEAK in the one megaton range was ex­ has temporarily been settled in favor of the would end the cycle. ploded at an altitude of about 50 miles above doubters." ao Each great power would continue to re­ Johnston Island. It was reported that " ... Perhaps the U.S. could learn from the So­ spond to the other by deploying even more it is possible that a high-altitude nuclear viet's expensive mistake and avoid invest­ weapons as the arm.s race resumes in an ever­ explosion in the megaton range could produce ing 7.0 billion dollars (a minimum figure) increasing spiral of nuclear weapons. effects on the eyes at all distances up to the in a system which Will at best be obsolete in III. Is the Safeguard ABM provocative? line of sight permitted by the earth's curva­ a few years and at worst won't work. ture." 26 Apparently the present Administration In order to determine the benefits of an HISTORY OF THE ABM feels that the Sentinel ABM plan of the John­ ABM, one must weigh the damage the ABM The development of anti-balllstic missiles son Administration involving ABM sites causes by exploding against the damage it grew out of the research and development around the cities was provocative; whereas prevents. The amount of damage that the of anti-aircraft missiles, which were designed the present Safeguard proposal is not. ABM prevent.a depends on the extent to to protect our cities agains.t attack by So­ In an interview with U. S. News & World which the ABM is able to reduce the number viet bombers. Built at a cost of over 15.0 bil­ Report, April 7, 1969, Secretary Laird stated of enemy missiles which hit us. It is, however, lion dollars, the most sophisticated anti-air­ in response to the following question: probable that the same number of missiles craft missile, Nike-Hercules, was described "Q: Why should the Russians want to would strike us, in case of an attack, whether by its proponents as a near-perfect defense place their ABM missile sites around Moscow we had the ABM or not. This is so because against a Soviet bomber attack. In April and other cities, while we now want to put the Soviets and Chinese are almost certain 1968, Senator Stennis of the Senate Commit­ our defensive weapons around missile bases to match our deployment of an ABM With tee on Armed Services stated: and defense installations? the increased offensive capability needed to "I remember some 10 years ago when we "A: I believe it is rather provocative to penetrate it--by using decoy devices and were putting in the Nike-Hercules thait it was put your ABM sites around your cities. In extra offensive warheads. testified that they would be able to knock that way, under the program outlined by down all of them-all of them-if we would the previous Administration, it could be said THE SOVIET UNION'S ABM SYSTEMS approve and fund the Nike-Hercules. I asked that we were trying to protect our cities The Soviet Union is building an ABM someone else about that, and he said he did from Soviet missile attack and thus be in a system. If they have one, why doesn't the not believe they could knock down any of position to launch a first strike. What we're United States need the Safeguard ABM sys­ them. That is just history ... I just do not trying to do with the Safeguard system, as tem? know. Now you say you would get only (de­ it relates to the Soviet Union, is to insure I. Response leted)." ::i the reliability of our second-strike capa­ 1. The evidence as to whether the Soviets With the advent of the offensive missile bility. We believe that we can protect our are still proceeding to deploy an ABM system race, the Pentagon began to develop anti­ people better in that way." is unclear. missile missiles (ABMs) to protect our cities Although the Administration has empha­ 2. Even 1f the Soviets proceeded with the from a surprise attack by Soviet missiles. sized the fact that Safeguard is primarily deployment of an ABM, it would not make Their first model, Nike-Zeus, was rejected to protect our Minuteman ICBM's, the only any sense for us to build our own. It would by President Eisenhower because the ex­ difference between the Safeguard and the be cheaper and simpler to build the decoy plosion of the ABM within a 20-50 mile range Sentinel is that most of the sites will not devices and additional warheads needed to and thus seriously threatened the American be near large population centers. Safeguard, penetrate their ABM defense. population with blindness and increased as was the proposed Sentinel, ls designed, radioactive fallout. It was acknowledged that however, to protect all of continental United II. Background material deployment of Nike-Zeus would have had to States. The Soviet Union has built or ls building be completed With a massive shelter program Deputy Secretary Of Defense Packard in a their defensive missile systems. conservatively estimated to cost 38.5 billion news conference on March 14, 1969 admitted A. In 1962, the Soviets began to deploy an dollars.32 Had Nike-Zeus been deployed, 14.0 that "the area defense will be very similar ABM system around Leningrad. This system to 20.0 billlon dollars would have been spent (to that of the Sentinel system) and Will is now considered obsolete. on the system alone, and it would have been provide complete coverage (of the conti­ B. The Tallinn system deployed across the obsolete before completion. nental United States) ... I think the life northwest approaches to Soviet territory and President Kennedy refused to reverse saving capability will be comparable . . . in several other places was originally thought Eisenhower's decision. Not only was Nike­ the same area defense capability will be pro­ to be an ABM system. In February 1968, Zeus permanently shelved, but the improved vided in this system." Secretary of Defense McNamara testified be­ version, Nike-X, remained on the drawing If the same area defense is to be provided fore the Senate Committee on Armed Serv­ boards. by Safeguard, doesn't this mean that the ices that "now I can tell you that the major­ During the Johnson Administration, the cities will be "protected"? If so, it would ity of our intelligence community no longer Pentagon unveiled their third ABM system, seem that the Safeguard is as provocative as believes that this so-called 'Tallinn system' the Sentinel (which combined two radar sys­ the Sentinel. ... has any significant ABM capability ... tems with missiles--the Spartan, a long This system is apparently designed for use range missile, and the Sprint, a short range Footnotes at end of article. Within the atmosphere, most likely against missile). For four years, President Johnson, May 14, 1969 EXTENSIONS OF REMARKS 12€37

as had his predecessors, resisted pressure LEGISLATION: FUNDING THE DEPLOYMENT OF less by 1973 or '74 they would have a sig­ from the miiltary, particularly the Army, to THE ABM SYSTEM nificant nuclear capability which would make deploy an ABM system. In fact, in the Mili­ What role will the Congress play in de­ our diplomacy not credible in the Pacific tary Posture Statement for fiscal year 1968, ciding whether to deploy the Safeguard ABM unless we could protect our country against Secretary of Defense McNamara in January system? The funds necessary to build the a Chinese attack aimed at our cities. 1967 testified against deployment of the Sen­ Safeguard system must be authorized and "The ABM system will do that and the tinel system. Even when Secretary McNamara appropriated by the Congress. In the two ABM Safeguard system therefore has been later announced the Administration's de­ steps process by which each house of Con­ adopted for that reason." (N.Y. T i mes, April cision to deploy a "thin" ABM defense, two­ gress allocates funds, an authorization bill 19, 1969, p. 14). thirds of his speech was a powerful argu­ defines how the money can be spent and an 3 Rathjens, G. W., The Future of the Stra­ ment against deployment of ABM systems. appropriations bill is needed to legalize the tegic Arms Race: Options for the 1970's, Car­ His attempt to justify the "thin" systems actual expenditure of money. Authorization negie Endowment For International Peace, while detracting from "thick" systems seemed must always precede appropriation. New York, 1969. incongruous since most of the arguments Most defense requests are submitted to * Stubbings, R . A., Improving the Acquisi­ against the latter are applicable to the Congress under two classifications: procure­ tion Process for High-Risk Military Elec­ former. ment and construction. There is a procure­ tronics Systems, 1968, on file at the Wood­ The Johnson Administration's rationale for ment authorization bill and a construction row Wilson School, Princeton University. Re­ deploying a "thin" Sentinel system was the authorization bill. After authorization is re­ printed in Congressional Record S 1450 (daily potential Chinese threat. In anticipation of reived, there will be a procurement appro­ ed., Feb. 7, 1969). China's developing a nuclear strike force -in priations bill and a construction appropria­ 5 New York Times, March 15, 1969. the early 1970s, the U.S. was to deploy ABMs tions bill. The authorization bills, S. 1192 for a Congressional Record S 7234 (daily ed. at 14 sites, many near large cities (see en­ procurement and S. 779 for construction, are June 13, 1968). closed map). The sites were located to pro­ now before the Senate Committee on Armed 7 U.S. News & World Report, April 7, 1969. tect the population from an enemy attack. Services. Similar bills are before the House s Look, Nov. 28, 1967. After much debate in both the Senate and Committee on Armed Services. Hearings will 9 New York Times, March 24, 1969. the House during 1968, Congress authorized be held on each bill in this Senate commit­ 10 Secretary of State, William Rogers, Pr ess and appropriated funds to begin deployment tee and in its counterpart in the House of Conference, April 7, 1969. of the Sentinel. Representatives before it is debated by the· 11 On April 18, 1969, President Nixon stated During the Senate debate on S. 3293, the full membership of each house. that " ... the Chinese Communists, accord­ procurement authorization bill, Senator There is no separate bill for the Safeguard ing to our intelligence, have not moved as Cooper, on April 18, 1968, offered an amend­ ABM system. Part of this project will be ap­ fast recently as they had over the past three ment which provided that none of the funds proved under the procurement bill, others to four years but by 1973 or '74 they would authorized to be appropriated were to be under the construction bill, and still others h a ve a significant nuclear capacity . .." N.Y. expended for deployment of the ABM until under the bill for the Atoxnic Energy Com­ Times, April 19, 1969, p. 14. the Department of Defense certified that mission which controls the production of u Washington Post, April 13, 1969. such a system was practicable and that the nuclear warheads. Some of the funds re­ 13 N.Y. Times, March 14, 1969, p. 1. cost could be determined with reasonable ac­ quested are for research; the balance are for H N .Y. Times, April 11, 1969, p. 5. curacy. The amendment was defeated by a deployment. 1& Congressional Record, H 6340 (daily ed., vote of 31 to 28.aa The opposition to the ABM system cannot July 11, 1968). The proximity of many sites to large popu­ simply vote down (reject) the procurement 16 Congressional Record, S 3774 (daily ed., lation areas raised the danger of an acci­ and construction authorization bills· because April 15, 1969). dental explosion and resulted in a public each bill includes expenditures for numerous 17 Id. outcry from the citizens of those cities. Resi­ defense projects other than the ABM. Those 18 Senator McGovern, Congressional Record dents of the area feared an accidental explo­ opposed to deployment of the Safeguard sys­ S 4261 (daily ed., April 18, 1968). sion of a 2 megaton Spartan warhead which tem must propose an amendment to each bill 19 Congressman Podell, Congressional Rec­ has a blast death radius of about three miles, withholding authorization of those activities ord, H 1235 (daily ed., Feb. 26, 1969). and a fire radius of about ten miles. related to deployment of this system. 20 Senator Percy, Congressional Record Upon assuming office, President Nixon or­ The House will almost certainly pass the S 1368 (daily ed., Feb. 4, 1969). dered a complete review of the proposed bills, but the Senate vote may be very close. 21 Senator Hart, Congressional Record S deployment, and on March 14, 1969, the Ad­ Hopefully the Executive will see fit to defer 7632 (daily ed., June 24, 1968). ministration announced its decision to de­ deployment of the proposed Safeguard sys­ 22 Congressional Record S 4251 (daily ed., ploy a modified version renamed Safeguard. tem pending arms negotiations with the So­ April 18, 1968). The given rationale for the Safeguard is that viet Union. If, however, the Congress is 23 Congressional Record S 2243 (daily ed., we need it to protect our "second strike" ca­ forced to decide this issue, it will probably March 4, 1969) . pability in the event of a Soviet attack. 2 be decided in the Senate by a vote on an • Congressman Tunney, Congressional Rec­ A new name and new site locations not­ amendment to delete funds for deployment ord H 1220 (daily ed., Feb. 26, 1969). withstanding, the Safeguard system is similar of the ABM from either the defense procure­ 26 McNamara, R. S., Military Posture State­ to the Johnson Administration's proposed ment or the defense construction authoriza­ ment, F.Y. 1969. Jan. 22, 1968. Sentinel system. When announcing the deci­ tion bill. It is expected that either or both 26 Glasstone, E., ed., The Effects of Nuclear sion to continue plans to deploy the Safe­ bills will reach the Senate floor in late May Weapons, U.S. Atomic Energy Commission, guard, however, the Administration empha­ or early June. If amendments to delete the April 22, 1962. sized the need to protect our ICBM Minute­ ABM from the authorization bill fails, the 27 Congressional Record, S 7233 (daily ed., man bases. The Safeguard system will provide Congress will have the opportunity to delete June 13, 1968) . area defense for the United States as would the funds contained in the subsequent ap­ 28 Senator Hart, Congressional Record, S have the Sentinel: propriations bills. 1738 (daily ed., Feb. 18, 1969) . "In addition, this new system will provide 29 U.S. News & World Report, April 1, 1969. a defense of the continental United States FOOTNOTES 30 N .Y. Times, April 10, 1969. 1 If against an accidental attack and will provide the Senate and the House disagree on 31 substantial protection against the kind of certain aspects of a bill, a conferenec com­ Hearings before the Preparedness Inves­ attacks which the Chinese communists may mittee made up of several members from tigating Subcommittee of the Senate Com­ be capable of launching throughout the each body is appointed to reconcile the dif­ mittee on Armed Services, Status of U.S. Strategic Power, April 1968. 1960's." & ferences. If agreement is reached in the con­ Parenthetically, the Safeguard plan pro­ ference committee, the bill, as reconciled, is 32 Congressional Record, H 6340 (daily ed., poses 12 sites for Spartan missiles in the con­ reported back to each body which votes upon July 11, 1968). tinental United States with an option to add the recommendations of the conference com­ aa Congressional Record, S 4268 (daily ed., two more sites at a later date--one in Hawaii mittee. April 18, 1968). 3 and one in Alaska.3s 2 When announcing his decision to deploy • Text of President Nixon's announcement, In effect the Safeguard is exactly the same the Safeguard ABM, President Nixon, on March 14, 1969. as the Sentinel in that It is an area defense March 14, 1969 stressed the need to protect 35 Secretary Laird, U.S. News & Wor ld Re­ system. The only difference is that the sites our land based ICBMs against a surprise port, April 7, 1969. will not be constructed near large cities. The Soviet attack. 36 In his press conference of April 18, 1969, most distinct fact about the Safeguard pro­ But in his press conference of April 18, the President, referring once again to protec­ gram is the Administration's new rationale. 1969, the President, referring once again to tion against a Soviet attack, seemed to place Nixon finds the Soviets supposed expansion protection against a Soviet attack, seemed more emphasis on the Chinese threat to our of its nuclear weaponry more threatening to place more emphasis on the Chinese threat cities than he had in his March 14 announce­ than Chinese missiles.ac to our cities that he had in his March 14, ment. On April 18 he said: In a fuller discussion of the Safeguard announcement. On April 19 he said "the other "The other reason-and I emphasize this system see p. 24, Newsweek, March 26, 1969. reason-and I emphasize this strongly-is strongly-is that the Chinese Communists (Reprint enclosed.) that the Chinese Communists . . . have not . .. have not moved as fast recently as they moved as fast recently as they had over the had over the past three to four years but that Footnotes at end of article. past three to four years but that neverthe- nevertheless by 1973 or '74 they would have 12638 EXTENSIONS OF REMARKS May 14, 1969 a significant nuclear capability which would an arch-rival, as to the focus of the party presented one of the most eloquent state­ make our diplomacy not credible in the Pa­ in the future. ments on transportation ever delivered. cific unless we could protect our country He said Mrs. Healey was taking a "rightist" In his speech, entitled "Transportation­ against a Chinese attack aimed at our cities. position in terms of Communist Party Year 2000" given on October 30, 1964, he "The ABM system will do that and the strategy. _ said: ABM Safeguard system therefore has been Hall wants to concentrate Communist re­ "Traditional methods established during a adopted for that reason. (New York Times, cruitment on the entire working class. He century and a quarter of proud history are April 19, 1969, p. 14)" claimed, in his Larchmont Hall speech, that are not easily broken, but the railroads are the Los Angeles woman wanted to "forget slowly yet surely making their equipment the industrial workers and forget the or­ compatible, interchangeable, and versatile. ganized sector of the working class." Long before the year 2000 the box car will REDS EXPLOIT "RACISM" URGES TOTAL WORKING CLASS ltECRUITMENT cease to be the predominant vehicle of car­ riage. Everything except commodities requir­ Hall also called for sweeping Communist ing specialized equipment---graln, ore, lum­ HON. JOHN R. RARICK organizational attempts in the youth sec­ ber-will move in containers that w1l1 hardly tor. He said the party must gather "all types interrupt their journey as they are trans­ OF LOUISIANA of militants" to form youth organtiations, ferred swiftly from highway to rail or ship IN THE HOUSE OF REPRESENTATIVES not limit young peoples cadres to "simply or air for continuous movement from the Marxists and Leninists." Wednesday, May 14, 1969 door of the shipper to the platform of the He said he believed that young people consignee. One bill of lading and one rate Mr. RARICK. Mr. Speaker, Gus Hall's would favor this broad type organization as wm apply to the movement of anything from open endorsement of a political candi­ one which would allow them to accomplish anywhere to anywhere else. It is in these date for reason of race can only be in­ their ends on campuses and elsewhere. areas that the freight forwarder, both for­ Bradley has denied there are any Com­ eign and domestic, will play an indispensable terpreted as the CPSUA's exploiting a munists working for his election. role in coordinating the services of the un­ dupe to secure a springboard to launch "Just like (Gov. Ronald) Reagan, I ask derlying modes of transportation. one of their vitriolic diatribes. people to accept my philosophy, not I Morris Forgash was a brilliant man-few Gus Hall, general secretary of the theirs," the councilman told a recent meet­ people have understood the problems of Communist Party of the United States, ing. transportation in the U.S. as well as he did in calling on southern california Com­ BRADLEY AIDE ADMITS BEING AN EX-RED and fewer still had his capacity for combin­ munists to "march under the party ban­ On the councilman's election staff is an ing heady dreams, unsurpassed knowledge, ner" seized this occasion to reiterate the admitted former member of the Communist and tremendous vitality to produce results. Party. Don Rothenberg, a campaign aide, has He was indeed much more than a visionary. Communist Party's monomaniac central We are now in the throes of a revolution in theme--"racism." been identified as a Communist Party mem­ ber before the House Committee on Un­ transportation wrought by the development Hall is quoted as saying: American Activities. of containerization. Without Morris For­ The struggle of racism is the place where Rothenberg admitted his former Commu­ gash this revolution would have started much the party should spend most of its time and nist Party membership to The Herald-Exam­ later in our history. He was a man who be­ organWa.tion in development. iner, but said he resigned several years ago. lieved that technological development was a Hall wants to remold the party "ideologi­ most important answer to the survival of I include an article from the Los An­ cally, organizationally and politically,'' he transportation by common carrier. geles Herald Examiner, as follows: told the district convention. But he also recognized that better coor­ (From the Los Angeles (Calif.) Herald­ He called on Southern California Com­ dination among the transport modes is es­ Examiner, May 2, 1969) munists to "march under the party banner." sential to the maintenance of a viable trans­ Gus HALL Woos REDS FOR BRADLEY "The struggle of racism" he said, "is the portation "system." For reasons which will become clear later, I use the term "system" (By Phil Hanna) place where the party should spend most of its time in organization and development." advisedly. In testimony before the Senate Communists in Los Angeles recently have subcommittee on surface transportation in been urged by Gus Hall, general secretary of 1961, he said: " ... the regulated common the Communist Party in the United States, carriers have been fighting each other for to give "total focus" to electing Councilman so many years that shippers and the public Thomas Bradley as mayor. SMALL SHIPMENT PROBLEM seem to have forgotten that our real busi­ Hall addressed the party's Southern Cali­ ness ls transportation." He went on to sug­ fornia district convention here at Larchmont gest that there ought to be established a Hall April 5. The meeting opened at the hall, HON. SAMUEL N. FRIEDEL "working committee" (as opposed to another 118 N. Larchmont Blvd., the evening of April o:r MARYLAND talking committee) "composed of executives 4, and continued April 5. IN THE HOUSE OF REPRESENTATIVES with power to act, technicians with know­ The Communist Party leader told fellow how and researchers to explore and present Communists that party members have a "his­ Wednesday, May 14, 1969 the facts." toric responsibility they must accept" to elect Mr. FRIEDEL. Mr. Speaker, the small I will not attempt to pass on the merits of the Negro councilman as mayor of Los shipment problem was vividly set forth Mr. Forgash's proposal except to say that to Angeles. as demanding immediate steps for action my knowledge we have yet to see any great Hall told the Communist conclave: improvements in cooperation. As a Senator "First let me congratulate you, the move­ by Senator VANCE HARTKE in a speech with millions of constituents who are ship­ ment and working people, for the (primary) last week to the Freight Forwarders In­ pers or users of transportation services and election results of last week. I think it is a stitute at the Mayflower Hotel, Washing­ as the chairman of the Senate subcommittee tremendous achievement. I think it has tre­ ton, D.C. with jurisdiction over the most significant mendous significance for the future, of not I should like to commend my distin­ portions of domestic transportation, I am only Los Angeles, but for the struggle in guished friend from Indiana, the chair­ very concerned. I am concerned because America. service to the shipper, I fear, is not what man of the Senate Subcommittee on any of us would like to be nor what it ought YOU MUST GIVE TOTAL FOCUS SUTf ace Transportation for his thought­ to be. Unnecessary intramural, that is, inter­ "I think above all, and among other ful appraisal of the situation. As modal, combat has contributed to the lack achievements (it is) a tremendous blow chairman of the Subcommittee on of coordination and the decline in service. against racism, and I would only urge that Transportation and Aeronautics, I am Some kind of voluntary cooperation among we see the full significance and I would sug­ always interested in the views of those the modes would help. Improvements in reg­ gest that you take seriously the idea that you ulatory law might help. must, as a party, be able to give total focus­ who have given much thought and study to our transportation problems and I Utilization of advanced technology which ! mean total focus-for the next two months Morris Forgash advocated with such convic­ on the election of Bradley. think my colleagues will find Senator tion has brought a measure of coordina­ "I think there ls a historic responsibility HARTKE's remarks very helpful. tion, but it provides only a partial answer. that you must accept, that no stone will go Therefore, I include his address ir. the We will need more effort at the governmen­ unturned or untouched in the election of RECORD for the information of all inter­ tal level as well as the private level if we are Bradley for mayor." ested parties. It is as· follows: to attain the goal of "one blll of lading and Bradley, a former Los Angeles police lieu­ OUR TRANSPORTATION SYSTEM AND THE SMALL one vote" which will apply to movement of tenant, polled high in the April 1 city pri­ anything from anywhere to anywhere else. SHIPPER mary and will meet Mayor Sam Yorty in a The Congress and the administration for­ run-off election May 27 for the city's highest (By Senator VANCE HARTKE) mally recognized the need for a coordinated omce. Not long before his death the founder of transportation system. By enacting legisla­ Hall differed with long-time Southern the Freight Forwarders Institute and one of tion to create the Department of Transpor­ California Communist Mrs. Dorothy Healey, the great sages of our time, Morris Forgash, tation. It was the expressed purpose of the May 14, 1969 EXTENSIONS OF REMARKS 12639

Congress to satisfy the need for development tinue treating the symptoms without curing ris Forgash, "play an indispensable role in of national transportation policies and pro­ the underlying ills. coordinating the services of the underlying grams. The system, it was agreed, should One symptom of the total problem which modes of transport." permit travelers anu goods to move con­ is becoming increasingly serious is the lack of Before I conclude my remarks there is one veniently and efficiently from one means of reasonably priced shipping service available further matter upon which I would like to transportation to another. In short, the Con­ to the shipper of small shipments. It is be­ touch briefly-and that is the transportation gress and the President had recognized that coming ever more difficult for a mother to safety. Freight forwar