30894 EXTENSIONS OF REMARKS October 21, 1969

EXTENSIO ~NS OF REMARKS THE PROSPECTS FOR ­ ••ao to those Wyomingites who read dis­ event of war, good roads would expedite the "WE SHOULD NOT FEEL LONE­ aster into last week's article in the Wall movement of troops. The President said he SOME" Street Journal entitled, 'The Lonesome had not thought of that, and asked how Land,' we'd say, 'Cheer up.' You'll soon have much money they wanted. McKellar replied more industrial suitors than a. school ma.rm that they would leave that to his judgment. HON. JOHN WOLD in an oldtime Wyoming cowtown on Satur­ They were delighted when President Wilson day night. It'll be a. case of pic~ing out the suggested $15 million, and that was the be­ OF WYOMING good-looking ones.'' ginning of Federal aid to highway con­ IN THE HOUSE OF REPRESENTATIVES struction in the . Tuesday. October 21. 1969 After I became a member of the Senate in 1927, I was made chairman of the Committee Mr. WOLD. Mr. Speaker, last week A MEMOIR BY FORMER SENATOR on Roads, and in that way, became ac­ Senator CLIFFORD HANSEN of Wyoming CARL HAYDEN quainted with officials of the "state highway and I responded to a story in the Wall departments, who appeared each year to ask Street Journal which gave a gloomy for Federal aid for the construction of roacis. forecast for the future of my district, HON. LEE METCALF When Franklin Roosevelt became Presi­ dent, the nation was in what was called the the great State of Wyoming. We pointed OF MONTANA Great Depression, and he was anxious to .out the article had missed many devel­ IN THE SENATE OF THE UNITED STATES provide work for the unemployed. opments in our State and, more than Tuesday. October 21. 1969 I went to the White House and told him that, had made an erroneous appraisal that there was no better way to accomplish of our State's economic and demo­ Mr. METCALF. Mr. President, I invite that purpose than by the construction of graphic potential. Indeed, many of what the attention of Senators to an article highways. the author called liabilities seemed to us published in the September 1969 issue He asked me how much it would cost, and of Highway User. It was written by the I said $400 million. The President wanted to to be assets. know how I arrived at that figure. I told him It is heartening to know that there are former sheriff of Maricopa County, our that I had asked each State highway depart­ observers whose assessments of Wyo­ beloved Senator Carl Hayden, who re­ ment how much it could usefully spend and ming's future are optimistic. Therefore, tired last year but who, it is refreshing $400 million was the amount recommended. I would like to insert at this point an edi­ to note, has maintained his interest in He said to go tell Bob Wagner to put it in torial from the Casper Star-Tribune of the national scene, in the Senate, and the Work Relief Bill, which became a law on October 14, 1969, which incorporates an in Congress and its many problems-in June 14, 1933. editorial from the Denver-Post concern­ this instance, highways. NATIONAL SYSTEM ing the article on Wyoming: I ask unanimous consent that Senator In 1934, Congressman Cartwright of Okla­ WE SHOULDN'T FEEL LONESOME Hayden's article be printed in the REc­ homa sponsored the customary Federal aid The Denver Post had an editorial com­ ORD. to roads bill. When the State highway officials ment Sunday on the Wyoming population There being no objection, the article appeared before my Senate committee, I told and economic picture. We believe it is a very them to go home and come back within a was ordered to be printed in the RECORD, month with a draft of a bill providing for a fair appraisal of the situation. As an out-of­ as follows: state newspaper, the Post can look at it with national highway system. They did that, and a somewhat more unbiased view than those IN RETROSPECT: "I FEEL FULLY REPAID" the bill became a law on March 26, 1934. of us who are in the midst of these prob­ (By former U.S. Senator Carl Hayden) Indian reservations make up so much of the area of Arizona and New Mexico, that I lems. As chairman of the Senate Committee on The Post's editorial is quoted in full: Appropriations, it was my job to see that the inserted a provision in the Federal Highway "Wyoming has lost population since the I11terstate Highway System received a fair Act, which provides that the States do not 1960 census which showed 330,000 residents share of the money collected from the Ameri­ have to match Federal funds expended on and that's a disgrace in the usual up-and­ Indian reservations. One year, the Arizona can taxpayers. State Highway Commission was "hard up," at-em frame of mind prevalent since the Since my final return from Washington, pioneers decided the West had to be won. so a highway was constructed within the I have :.1ot failed to observe the thousands San Carlos Indian Reservation which passed "We think differently. of automobiles that move with speed over "Obviously, it is painful to lose popula­ over the top of the Coolidge Dam. A more di­ an abundance of paved highways. This re­ rect and much better highway connecting tion. A town that needs all the taxes it can minds me that when I was the sheriff of poSISibly get to run its school system, or Gila and Graham Counties has since been Maricopa County over a half century ago I constructed. town hall, is hurt every time a house or busi­ pleaded with the Board of Supervisors to buy ness building turns up vacant. I have been asked a number of times why an automobile for official use by me and my Arizona needed Interstate highways. My an­ "But thinking of Wyoming as a whole four deputies. The supervisors turned me there's a lot to be said for having a small, swer was that in northern Arizona we have down cold. To serve a warrant or a summons the Petrified Forest and the Grand Canyon, manageable population-at least at this we had to ride horseback and be compensated point in history. whic~ we want the American people to see, at a rate of 30 cents a mile. and in southern Arizona we have one of the "The entire country is just waking up to My recollection is that in 1916 Congress­ the fact that environment is a lot easier to finest winter climates anywhere in the man Dorsey W. Shackleford, of Missouri, United States, to which we want all of those protect from air and water pollution and sponsored a good roads bill, that passed the urban decay before they start than to try to who ride in automobiles to have access. House of Representatives, which authorized When on a hot summer day I get seated in salvage affairs after the damage has been Congress to appropriate funds to assist in done. an automobile and can be up into a pine the building of State roads. When the bill forest in less than two hours, I feel fully re­ "In that regard Wyoming haiS a wonderful came over to the Senate, Senator John Bank­ opportunity to guide its development-to set paid for all the time I devoted to Federal aid head of Alabama took charge of it. It became to the construction of highways. standarcis for industry, to watch where the known as the Bankhead Act of 1916. Atomic Energy Commission buries its bombs and, above all, to be selective in the type · TO THE WHITE HOUSE of industry it seeks out. One day, Senator Bankhead said to Sena­ "Elsewhere in OO. The morning newspaper of Colum­ His statement follows: from their people through our military and bia, the State, took time to refiect upon financial assistance. STATEMENT BY CONGRESSMAN JOHN V. For that reason, I propose that we with­ the message that Dr. Strauss brought to TuNNEY draw all our military and civilian force on a South Carolina and to the United States. I am deeply honored to participate in this systematic calendar basis over the next 18 The State's opinion is particularly timely peaceful assembly of free men. It is eloquent months. in light of yesterday's change in the rebuttal to those who say that the outcry This is more than enough time for a will­ West German Government in which sweeping our land today is un-American. ing regime to reach accommodations with all Willy Brandt was elected as the new This responsible, nonviolent exercise of political and religious factions necessary to Chancellor. The State says "Americans our basic freedoms will go far in winning its survival. back friends around the world who have been A frightening aspect of the war is the dis­ should heed the Strauss evaluation." repulsed by our persistent, blind arrogance. unity it has caused among the American Although the new Chancellor has in­ But we must make clear that today's mora­ people. dicated that he does not intend any torium on the war is not--as some have sug­ Mr. Nixon's administration, like that of drastic change in German foreign policy, gested-an attempt to bring down a Presi­ his predecessor, has tried to make support of it is well known that he is at odds with dent, but rather an attempt to encourage the its war policy synonymous with patriotism. Dr. Strauss on many issues, including adoption of policies that wm end a war. As a result, those who dissent are accused that of NATO defense. Brandt has long President Nixon has written of his "six of giving aid to the enemy. crises." And now, many Americans-includ­ Americans thought they were expressing emphasized a policy of closer relations ing possibly Mr. Nixon himself-have come dissent one year ago at the ballot box when with the Soviet Union, characterized by to think of the war which he inherited as they voted for Mr. Nixon because he said he a warm feeling of detente. his "seventh crisis." had a plan to end the war. But now, after Dr. Strauss has also favored dealing But this is not his crisis-it is ours. It is being in office 10 months-during which with the Soviets, but on a realistic, eyes­ shared by all of us who feel its adverse im­ time, 9,500 American men have been with­ open policy which would take note of the pact on our society, not just by young men drawn from the war in coffins-Mr. Nixon fact that the Soviets have not given up being sent into South Vietnam or by the should not be surprised by the public's de­ their desire to dominate the world. families of the men who have died there. sire to be heard once again, to ask where is This crisis manifests itself in a deep di­ the plan, to demand action-not rhetoric­ In its editorial, the State says that vision that threatens our national fiber. It to end the biggest mistake this country ever Strauss reads the common interest of has shaken our economic foundation and has made. the United States and West Germany prevented us from attending to serious social In addition to the spectre of a congress clearly. problems at home. unable-perhaps unwilling-to represent He sees the continued threat of Soviet And it poses a significant crisis for our the will of the people, we have a president aggression-by whatever means available­ representative, congressional form of Gov­ who says he will not listen to the people. in Western Europe. He appreciates the neces­ ernment. Those who today support this ex­ During his campaign, Mr. Nixon stated sity of maintaining NATO as a cohesive and pression of national discontent, must also that the office of the President should be "a powerful force-in-being to counter the So­ recognize that the war is a symptom of a place of moral leadership." He also said, "a viet threat. And he knows that a firm col­ serious national illness which must be President cannot stand aside from crisis; he lective will must undergird that force if checked. cannot ignore division; he cannot simply NATO is to be an effective and credible de­ In this era of push-button undeclared paper over disunity." terrent. warfare, our governing processes have lost Yet, now that an issue has reached the contact with reality and with humanity. point of obvious crisis-now that pubUc dis­ Americans must keep the Strauss eval­ To prevent other catastrophic mistakes­ affection with the endless war builds higher uation in mind as they observe develop­ be they in Laos, Thailand, or in Latin Amer­ and higher-his reaction is to do just what ments in Germany. The State has pro­ ica where we today are bankrolling military he said a president should not do. duced a very fine and thought-provok­ dictatorships which ignore the will of their He ha.s stood aside; he has ignored divi­ people-we must reform our Government so sion; he has glossed over disunity. He has re­ ing editorial on this topic. I ask unani­ that priorities for national commitments mained passive, plugged his ears and re­ mous consent that it be printed in the truly reflect the will of our people. treated into himself. He has shrugged off Extensions of Remarks. I recognize that because of the inherent the burden of action. He has given the warn­ There being no objection, the edi­ split-second decisions necessary, the power ing that he will under no circumstances be torial was ordered to be printed in the to retaliate must rest in the hands of the affected by today's outcry. RECORD, as follows: President in the event of a nuclear attack He has closed his mind to the rising con­ [From The State, Oct. 14, 1969] on our country. But in the case of the move­ cern of millions of Americans who want to ment of troops overseas in advisory or com­ speed the vietnamization of the war, and AMERICANS SHOULD HEED THE STRAUSS bat roles, Congress must have the power to who want to stop the senseless slaughter of EVALUATION approve or disapprove. There must be our young men. Eight years ago, as West Germany's de­ thoughtful debate and dialogue, not merely Our soldiers fight today-not to gain a fense minister under the late Konrad Ade­ a rubber-stamped fiat accompli. military victory-but only to underscore a nauer, Franz Josef Strauss stood before a Congress must regain the constitutional point at the conference table, only to give group of American newsmen visiting Bonn power-and accompanying responsibility­ bloody substance to the statement that we and warned that the long-range goal of which has slipped by default into the hands are tough, that we mean business. Soviet Russia was to split the unity of West­ of the President. He has the power to listen The list of the dead and maimed grows ern Europe and thereby split West Europe to the Pentagon or to the people; he must longer as the President asks us to table the away from the United States. listen to the people. whole issue and to avoid public discussion Sunday, speaking here in Columbia as the Americans, through their elected Repre­ for 60 days. Is this when the next White finance minister of Kurt Kiesinger's out­ sentatives, should be able to tell the Penta­ House meeting will take place, when the going government, Strauss brought the sa:o:>.e gon that saving a corrupt foreign regime issue of Vietnam will again be taken up? message in person to the people of America. from its own people is not worth the invest­ Unfortunately, the war now has become a Now, as then, the burly head of the Chris­ ment of 39,000 American lives and $30 billion case of old men's pride and young men's tian Social Union sees the North Atlantic a year. lives. Treaty Organization as the prime and ir­ The tragedy of Mr. Nixon's apparent war replaceable force to thwart the Soviet aim of policy is that the goal he seeks is unattain­ dominating Europe. But today he feels that able. Western Europe should be playing a larger In September, he said America's principal THE VISIT BY DR. FRANZ JOSEF role within NATO-militarily, politically, goal was to assure "the right of the people STRAUSS TO SOUTH CAROLINA and financially-than it has done in years. of South Vietnam to choose their own lead­ It is understandable that an individual ers without outside imposition-either by us with strong feelings of German nationalism or by anybody else." HON. STROM THURMOND and Western European regionalism should However, the Thieu-Ky government wants OF SOUTH CAROLINA advance that idea. But Strauss is nrompt to to maintain its own power by means of a IN THE SENATE OF THE UNITED STATES spell out his conviction that United States U.S. military victory. So long as we support participation must continue to be a major, if their efforts with American lives and dollars, Tuesday, October 21, 1969 perhaps diminishing, ingredient in Western there is no incentive for them to make the Mr. THURMOND. Mr. President, last Europe's defense posture, accommodations necessary to achieve the week Dr. Franz Josef Strauss, who was Strauss plainly recognizes, that the United goal set by the Nixon administration. States, as he nuts it., is not now "inexhausti­ In short, the goals of the Saigon regime then Finance Minister of West Ger­ ble paradise"· capable of financing the secu­ are inconsistent with the avowed policy of many, appeared in the capital of my rity or the development of the rest of the Mr. Nixon. State of South Carolina and delivered Free World. The time has come to call an end to this an extremely interesting address con­ The United States, he says, can well ask travesty. The Saigon regime must be con- cerning American-European partner- why Europeans do not assume a greater CXV--1946-Part 23 30898 EXTENSIONS OF REMARKS October 21, 1969 share of the burden. He goes on to provide his (3) Do you favor President Nixon's Viet­ and Mr. AGNEW were dedicated, Mr. own answer, attributing Europe's failure to nam policy? Nixon said: its "anachronistic political organization." Not yet, or at least not here, is he specifying Yes ------~3 When we talk about cutting the expense just what sort of a regional reorganization No ------~ ------55 of government-whether Federal, State, or he has in mind, but he does give this much No opinion ------19 local-the one area we can't short-change is of an indication of his thinking: (4) Do you think President Nixon is push­ education. "Europeans must cooperate more closely ing hard enough for peace in Vietnam? I have not forgotten that, as Vice in the field of defense, and must step up their military effort, gradually integrating Yes ------22 President, Mr. Nixon voted on February their armed forces. On this basis, a new No ------70 3, 1960, to break a tie in the Senate to shape of the Alliance will have to be worked No opinion ------8 block the reconsideration of a proposal out with the United States wit hin the frame­ (5) Do you feel that matters of war and to authorize increased aid for school work of NATO reform." defense should be h andled solely by the mil­ construction and teachers' salaries. But I Such talk occasionally has brought charges itary chiefs? had hoped that since casting this vote of his being anti-American , cha,rges which he against a major Federal education bill, labels, with characteristic bluntness, "stu­ Yes ------28 Mr. Nixon would have learned a little. pid." From what we know of the man, we No ------58 agree with his assessment. Franz Josef No opinion ------14 I am afraid my hope has been dashed. Strauss impresses us as being a friend of the (6) Do you feel that the Paris peace t alks In that October solicitation, Mr. Nixon United States, but not just for the sake of wlll lead to a n egotiated settlement of the said that we cannot talk about cutting friendship. Vietnam War? the expense of government when it "Friendship," he says, "is the superstruc­ comes to education. Yet that is exactly ture on the infrastructure of common in­ Yes ------15 what the Nixon administration proposes terests." No ------71 to do. In fiscal year 1969, the Office of St rauss, we are persuaded, reads those com­ No opinion ------14 Education received $3,669,358,967 in mon interests correctly. He sees the con­ (7) Do you feel our government should Federal funds. The Nixon budget for tinued threat of Soviet aggression-by what­ concentrate on domestic rather than foreign fiscal year 1970 proposed that the Office ever means available-in Western Europe. problems? He appreciates the necessity of maintain­ of Education receive $3,221,745,455 in ing NATO as a cohesive and powerful force­ Yes ------68 Federal funds. This was a proposed re­ in-being to counter the Soviet threat. And he No ------15 duction of $448,613,512. knows that a firm collective will must under­ No opinion ------17 Mr. President, if the area of education gird that force if NATO is to be an effective (8) Do you believe the presence of the U.S. was not being shortchanged by the and credible deterrent. in Vietnam is morally justifiable? Nixon administration, I would like some­ He is a man of strong will himself, this one from the administration to explain Franz Josef Strauss, and Americans can Yes ------33 how this is so. We can, of course, be sure watch-indeed, they can hope-for his fur­ No ------49 ther involvement in the affairs of West Ger­ No opinion ------18 that the administration will forbear to man, Western Europe, and the North At­ (9) Do you think the national moratorium point with pride to the fact that House lantic Alliance. will: (a) bring about a quicker settlement to liberals, by restoring more than $1.2 bil­ the war in Vietnam? lion for the Office of Education, have held Mr. Nixon to his campaign promise Yes ------23 in spite of himself. No ------61 Interestingly enough, the headquar­ RESULTS OF POLL CONDUCTED ON No opinion ------16 ters for Teachers for Nixon-Agnew was VIETNAM WAR POLICY BY CHICO­ (b) hinder our efforts for a settlement? PEE, MASS., HIGH SCHOOL located in the now defunct Willard Hotel. Yes ------31 Mr. President, I am afraid the Willard No ------50 is not the only thing that is now defunct. No opinion ------19 I ask unanimous consent that the let­ HON. EDWARD P. BOLAND ( 10) Are you as an individual really ter be printed in the RECORD. OF MASSACHUSETTS concerned with the problems facing the There being no objection, the letter IN THE HOUSE OF REPRESENTATIVES world today? was ordered to be printed in the RECORD, as follows: Tuesday, October 21,· 1969 Yes ------86 Mr. BOLAND. Mr. Speaker, Chicopee No ------7 I ASK YOUR HELP High School in Chicopee, Mass., a com­ No opinion ------8 (By Richard M. Nixon) munity within my congressional district, WASHINGTON, D.C., October 1, 1968. has conducted a poll among its students PRESIDENT NIXON'S APPROACH TO MY FELLOW AMERICANS: As we wind on this Nation's war policy in Vietnam. TO EDUCATION up the 1968 campaign, I ask your help in The poll-part of Chicopee High School's achieving the goals to which Governor Agnew observance of moratorium day-showed and I are dedicated: most students oppose further military es­ HON. LEE METCALF American opportunity begins in the class­ calation in Vietnam and feel the adminis­ OF MONTANA rooms of this nation for young and old alike; When we talk about cutting the expense tration should strive harder for a negoti­ IN THE SENATE OF THE UNITED STATES of government-either federal, state, or ated settlement to the war. Tuesday, October 21, 1969 local-the one area we can't short-change The results of the poll: is education; Mr. METCALF. Mr. President, not too Education is the area in which we must CHICOPEE HIGH SCHOOL VIETNAM POLL, long ago, Attorney General Mitchell, OCTOBER 16, 1969 keep doing everything that is necessary to speaking on desegregation, said he help achieve the American Dream; We ask you to complete the following poll wished we would pay less attention to We call upon every citizen to join with as part of the schools Peace Day program. what the administration says than to us in an Action Program for Education. The results of the poll will be published in what it does. I believe that perhaps the In the final weeks ahead, the campaign all area newspapers and will be entered in Attorney General should not have con­ will be an exciting adventure. I ask you to the United States Congressional Record. fined his statement to one issue, for it participate in that adventure by volunteer­ [All answers in percent] ing to help me and Governor Agnew. People aptly describes President Nixon's ap­ who are committed to our goals of a better (1) Do you favor an immediate withdrawal proach to education. America can reach out to their friends and of all U.s. troops in Vietnam? Recently brought to my attention was neighbors and enlist them in our campaign. Yes------50.5 an October 1968 solicitation by the Na­ Only through people-to-people contact can we hope to restore decency and stability No ------43 tional Committee of Teachers for Nixon­ No opinion------6.5 Agnew, asking for help in the closing to our national life and create a better so­ ciety for all. Your influence in our behalf is (2) Do you favor an escalation of our war days of the presidential campaign. The our most powerful campaign tool. effort in Vietnam? main body of the solicitation consisted Will you volunteer to help? Write me in of a letter, over Mr. Nixon's signature, Washington. Yes ------25 and addressed: "To My Fellow Ameri­ Sincerely yours, No ------54 RICHARD M. NIXON. No opinion ------21 cans." Of one of the goals to which he October 21, 1969 EXTENSIONS OF REMARKS 30899 THE MEANING OF MORATORIUM Our view is that Nixon, rightly, will not be influence. But over the first obstacles, in DAY stampeded to risky action merely by the size Washington and Saigon, American opinion or fervor of the Moratorium Day demonstra­ most certainly does have influence. tions. However we think, having witnessed The message and meaning of Moratorium HON. PETER N. KYROS the unparalleled number and diversity of its Day should not be negatively interpreted by participants, Nixon is likely to hurry faster President Nixon as hostile criticism to be OF MAINE along the course he has already set to end ignored. Rather, he might better harness this IN THE H0USE OF REPRESENTATIVES the war. display as support for him to move more Tuesday, October 21, 1969 Politically, this would be wise. For ending swiftly than he has hitherto moved, toward the war, at best, will be a perilous and hu­ achieving the goal of peace for which he Mr. KYROS. Mr. Speaker, as the miliating business for the President of the .was elected. events of October 15 pass into memory United States. Any President doing it, espe­ Here is a tool for him to prod himself, prod and perhaps into a page of our Nation's cially one elected in a hair-breadth victory, his advisors, and above all prod South Viet­ history, many differing opinions have will surely need the full support and con­ n am to end the fighting and arrive at the fidence of the nation behind him. Nixon can best settlement feasible. We doubt that a been voiced as to the meaning and effect now gain this support by hurrying his pace settlement everlastingly postponed while of these observances. I was particularly toward the goal of peace, for which he was fighting goes on, will be as good as one that impressed by the views set forth in the elected. might be negotiated before next November October 19 Maine Sunday Telegram, the 3. It is bad enough that the North Viet­ rolls around. most widely read newspaper in my State. namese so grossly misunderstand the mean­ The editorials of this newspaper have ing of Moratorium Day, as being support for . their side, as claimed in their gross le'. · -r to achieved a reputation for integrity and TOOTHLESS TIGER OR DEFENDER independent thinking, as well as for their the American public last Tuesday. But it is infinitely worse that our own Vice OF THE WEAK? rich journalistic style. It was especially President Agnew should commit the same encouraging to read that the "message error as the leaders of North Vietnam. and meaning of moratorium day should Agnew unjustly and harshly implied that HON. WENDELL WYATT not be negatively interpreted by Presi­ those supporting the Moratorium would be dent Nixon as hostile criticism to be aiding the enemy and prolonging the war. OF OREGON ignored," for this is a view fully in ac­ This mistake in his reading of the motives of IN THE HOUSE OF REPRESENTATIVES cordance with my own objectives in join­ millions of Americans harmed the Adminis­ Tuesday, October 21, 1969 tration, by further alienating much of the ing several moratorium observances. nation which he should be seeking to unite. Mr. WYATT. Mr. Speaker, the Capital This editorial stated further that mora­ 4. Finally we ask-why the Moratorium, Journal of Salem, Oreg., one of our lead­ torium day was "a finely motivated dis­ why the dissent? ing Oregon newspapers published an edi­ play, for the most part, to urge the Pres­ One part of the answer is that no Admin­ torial concerning Vietnam and mora­ ident to show more convincingly the istration yet has been able to justify the size torium day which I commend to my col­ overriding priority he is giving to finding of U.S. participation in this war as a neces­ leagues: a peace." These opinions are also in full sity to U.S. security. agreement with my own, as I stated re­ This war has never been accepted as an TOOTH LESS TIGER OR DEFENDER OF THE WEAK? cently in my own position paper on Viet­ "American" war by the American people, It's mighty difficult for a democratic gov­ though it is labeled as such by friend and ernment to wage any but a self-defense sort nam, in which I pointed out that the foes alike overseas. of war, as Vietnam Moratorium Day illus­ President has inherited a war not of his Second part of the answer is that this war trates. own making, but that he still has the op­ has lasted far too long, without achieving The right, even the duty, to debate public portunity to avoid the divisiveness which any worthwhile goal. Whatever the rights and issues is at the heart of democratic govern­ has surrounded our Vietnam involvement wrongs of the American part in the conflict, ment. in recent years. the root of widespread opposition to the war Yet the sort of debate that has raged over There are of course many other inter­ today is less a moral one than a pragmatic Vietnam almost assures the failure of our pretations as to the meaning of this day, one. government's objectives there. For, given The war has cost too much in lives, in continuing dissent in this country, the Com­ but I am very proud to bring this exam­ money, in lost opportunities to better Amer­ munists know the Americans won't have the ple of Maine thinking and writing to the ica at home; and, despite all this, America political strength to stick it out. So why attention of my colleagues, as follows: has not come close to winning. The thousand should they negotiate seriously, much less MEANING OF MORATORIUM DAY billion dollars spent on the military estab­ concede South Vietnam the right to deter­ Four days after the rallies and the march­ lishment since World War II has not given mine its fate by free election? ers have dispersed, after the tolling of church us a military machine able to extinguish this We don't suggest our democracy wouldn't bells and the reading of lists of war dead kind of guerrilla conflict. The American peo­ prove cohesive if the United States itself have ended-what, is the lasting meaning, if ple are growingly opposed to more lives, were under attack. When the Japanese at­ any, of Moratorium Day? more money, being spent in a war which the tacked Pearl Harbor, for example, few dis­ We think these points have lasting mean­ President himself has said we can never win. agreed with our declaration of war. (Would ing. There is no moral fervor in support of this the same have been true if the only aggres­ 1. Protest about Vietnam is not, as Agnew war among the American people. Indeed, sion involved Hitler's Nazis in Europe? and Reagan, for example, stupidly and scrof­ there is mounting doubt in America whether Would it be true today if the Soviet Union fulously imply, the work of disloyal, mal­ American lives and money are being spent moved against West Germany?) But given adjusted, young malcontents. The demand to support a South Vietnamese government significant internal dissent--which seems al­ for swifter political and military action to which merits neither. most inevitable in a long and costly struggle get America out of the ·war is coming from The people who protested on Moratorium to defend anyone but ourselves--our govern­ all elements of the nation. The Administra­ Day are criticized because they do not have ment can hardly fight effectively. tion, elected to achieve peace, should wel­ a practical new plan for ending the war. It Many Americans will say that's a good come, rather than rebuff, this. is not fair to demand that the man in the thing, that the U.S. has no business fight­ This fact was clearly, and bitterly, seen by street should develop such a plan. This is in other than self-defense wars. And we President Johnson. Because he realized the the job which he pays the President, and the would agree, if there were somebody else to feeling was strong enough to swamp him at millions of workers under his jurisdiction, protect weak nations from aggressors. the polls, Lyndon Johnson was smart enough to perform. But there isn't. not to run against it. This lesson should be On the other hand, it is not fair for pro­ If U.S. will to defend South Vietnam con­ pasted on every White House wall. testers to ask the President to show his ne­ tinues to wither, American defense commit­ The victory of Richard Nixon last Novem­ gotiating cards out for all to see. ments to dozens of foreign nations won't ber, by a nose, was less his personal triumph, Moratorium Day did not demand any have much value. The leaders of these coun­ but the defeat rather of Johnson's Vietnam "bug-out", as some say, It was, we think, a tries will quit counting upon significant U.S. policy. finely motivated display, for the most part, help. More importantly, potential aggressors 2. The phenomenal number and diversity to urge the President to show more convinc­ will recognize they have a hunting license to of the participants in last Wednesday's pro­ ingly the overriding priority he is giving to prey upon weakly defended peoples and ter­ tests signaled that the policies of Nixon, as finding a peace; to encourage him to demand ritories. They won't continue to be held in seen by the public, do not yet add up to more effort toward peace by the leaders in check by fear of or respect for American the degree of change they wanted when they South Vietnam. might. They will recognize the world as a changed Presidents. We doubt that Nixon Obstacle toward peace may line in some jungle and the U.S. as a toothless tiger. will indeed turn a deaf ear to the Mora­ areas around the White House and in the The critics will continue to argue that torium, as it was executed, though he im­ Pentagon. But a bigger obstacle lies in Sai­ South Vietnam isn't worth all the lives and plied such a course at his news conference gon. Probably the biggest lies in Hanoi. dollars we have invested there. Viewed by before the event. Over this last obstacle, we have no direct itself, few would argue the point. But if 30900 EXTENSIONS OF REMARKS October 21, 1969 South Vietnam isn't, then what foreign land women held 45 percent of all profes­ ana-the area from which New England 1s? India? Israel? West Germany? sional and technical positions. In 1936, i~ also supplied-total stocks are 8.3 mil­ The United States has been a powerful they held only 36 percent of such jobs. bon barrels, or 20.6 percent below last force for stablllty and order for more than two decades. Those who cry today for a rapid On the other hand, the proportion of year. and irresponsible withdrawal from South women among all service workers has Vietnam are threatening far more than a increased by 14 percent since 1940. few million South Vietnamese. The problem is not a legal one. During RECENT MORATORIUM EDITORIAL this decade much progress has been COMMENTS made in implementing the needs of work­ ing women. Legislation to assure women FIFTY YEARS OF PROGRESS FOR equality of pay and nondiscrimination HON. RICHARD L. ROUDEBUSH THE AMERICAN WORKING WOMAN in employuent has been passed at the OF INDIANA Federal and State levels. The Federal IN THE HOUSE OF REPRESENTATIVES Equal Pay Act of 1963 assures women Tuesday, October 21, 1969 HON. JOHN W. WYDLER equal pay for equal work. Title VII of OF NEW YORK the Federal Civil Rights Act of 1964 pro­ Mr. ROUDEBUSH. Mr. Speaker the IN THE HOUSE OF REPRESENTATIVES hibits discrimination in employment on recent Vietnam moratorium acti~ities Tuesday, October 21, 1969 the basis of sex. resulted in some interesting editorial comment in Indiana. Mr. WYDLER. Mr. Speaker, National Yet, all of us are aware that, in reality, women are not afforded the same occu­ The editorials should provide reassur­ Business Women's Week is being ob­ ance that mid-America has not lost its served this year from October 19 to 25 pational opportunities afforded men. The reasons for this cannot be changed by perspective of the principles that made and, as this is the 50th anniversary the United States the hope of the free year of the founding of the National acts of Congress, for they consist of the traditions and folkways of our people. world. Federation of Business and Professional Newspapers in Indiana called the Women's Clubs, it is fitting that we We are used to the idea that woman's place is in the home; that her role is Communist-inspired general strike for should mark the progress of America's what it was, "a toy in the hands of un­ working women in the past half-century. that of homemaker and mother, and not career woman and breadwinner. But in believably inept, the criminally treason­ In 1919, there were about 8 million these changing times, a combination of ous, the incredibly naive." women workers over age 14, and women conditions, such as the move from rural I believe a careful reading of these made up 20 percent of the American to urban living for the average American, editorials will provide an insight into work force. Today, 37 percent of our the growth of industry, improved work­ what Americans really believe in this workers are women age 16 and, as of ing conditions and shorter working critical period of American history. 1967, there were 26.6 million female hours, labor-saving devices in the home, The editorials are from the Kokomo workers in America. and the emphasis on education in our Tribune, Hartford City News-Times, the Women began to gain opportunities in society, are all working to press our Lebanon Reporter, Marion Chronicle the labor market during the First World women toward the working world. They and the Hammond Times as reprinted i~ War, when the Armed Forces claimed have gained, in the past 50 years some the Logansport Pharos-Tribune. The the service of many of our young men, opportunity, the desire to work, and legal editorials follow: and workers were needed to fill vacant equality with men. The obstacle that [From the Kokomo (Ind.} Tribune, Oct. 15, jobs and to contribute to the war effort remains is one of attitude, and it is the 1969] in munitions factories and related most difficult to overcome. BLAMING AMERICA fields. By 1919, 50 years ago, women had I should like to take this opportunity One of the national figures who spoke up proved that they were capable of filling to salute the working women of America in support of the Vietnam day of protest was many positions believed earlier to be and to wish them the best of success in W. Averill Harriman, former chief U.S. nego­ solely within the male domain. Thus, in the years to follow. We need the talent tiator at the Paris peace talks. He endorsed the 1920's, it was no longer shocking Wednesday's anti-war demonstrations as a and dedication of all our citizens if we "move toward peace." for young girls to finish high school and are to meet and overcome the grave go to the city to become secretaries or This presents an odd spectacle. The pro­ challenges that face this Nation today. tests against the war were anti-Nixon ex­ file clerks, as well as staying home to pressions because they represented disagree­ become teachers, or work in the local ment with the President's policy of trying to factory, on the assembly line or in end the war. So, in effect, Harriman was dressmaking shops. ' FUEL SHORTAGE joining in criticism of Nixon. During the depression, jobs were un­ What made this such a strange spectacle available to much of our population, but was the fact that Harriman himself wasn't the first to be fired and last to be hired HON. SI~ VIO 0. CONTE able to make any headway toward getting were women, along with other minori­ OF MASSACHUSETTS the war stopped when he was talking with IN THE HOUSE OF REPRESENTATIVES the Communists at Paris. Here is a man ties. Upon America's entry into World who failed to achieve anything like a "move War II, women were again called upon Tuesday, October 21, 1969 toward peace" now criticizing a President to fill the jobs vacated by our soldiers, who has moved much farther in trying to end and they were also allowed to fill places Mr. CONTE. Mr. Speaker, those of us the war than Harriman did. left in our colleges and universities. By who have warned of a possible fuel short­ We suspect that Harriman, who has been the end of the Second World War age in New England this winter have re­ in the national and international limelight ~omen had again broken into profes~ ceived soothing words from the Depart­ so long, is loath to be out of it. We wouldn't s1ons once barred to them as well as ment of the Interior and the oil industry want to say that he was not motivated gaining education that wouid ordinarily denying there is any real danger. Un­ by sincerity, but some national figures like have been denied them. While many of fortunately, these words and assurances to get on a bandwagon when they think they are not supported by the most recent see one, and the peace drive could have our veterans returned to school to com­ looked like a bandwagon to Harriman. plete an interrupted education their figures on distillate-heating oil-stocks. October 10, 1969, compared to October It seems significant to us that the Wednes­ wives continued to work to supp~rt the day protesters directed their reproaches to family. 11, 1968, according to American Petro­ their own government and not to the real Thus, women gradually gained access leum Institute: barrier to peace-Hanoi. Most Americans to many fields of employment. However In districts I-IV, the area east of the know that it takes two to make peace, and the expanding participation of wome~ Rockies, total distillate stocks are 14.1 they know that up to now the North Viet­ iD: the labTOperly took into three or four times, but five times that it will the tenacity with which the Employer per­ consideration the unfair labor practices that not abide by the demands of the law, to sists in the exercise of deep seated antiunion Stevens I and II disclosed, and we, in turn, limit the Board to these remedies would leave convictions. The second is the succession of cannot ignore this evidence. Maphis Chap­ both the Board and the Court of Appeals in formal cases culminating in the present one man Corp. v. NLRB, 386 F.2d 298, 303 (4th frustrating helplessness. This would be to bearing five service stripes in which, except Cir. 1966) ". Stevens III and IV at 1019. Nor deny the obvious Congressional purpose be­ for minor variations, the Board's findings of can we, in our subsequent turn, ignore the hind § 10(c)-to have available remedies spectacular Employer violations of §§ 8(a) unfair labor practices disclosed in Stevens necessary "as will effectuate" the Act. (1), 8(a) (3) and 8(a) (5) of the Act have III and IV. To these we add the incidents The Courts not only may, they must, per­ been upheld by three Courts of Appeals. The and violations found by the Board to have mit a good deaJ of flexibility and ada.ptation third is the Board's efforts to devise some occurred in the Geor~ia plants. Thus we in the remedies prescribed. The obligation to character of remedy which has at least some assay the order in this atmosphere of per­ respond to contemporary demands for re­ prospects of keeping the recalcitrant Employ­ sistent, long continued, flagrant violations sourceful and imaginative judicial ingenuity, er's intransigence within the bounds of vig­ occurring after and in spite of repeated dec­ Bros. Inc. v. W. E. Grace Mfg. Co., 5 Cir., 1965, orous but lawful opposition to Union at­ larations of illegality by Board and reviewing 351 F.2d 208, 209, n.l, cert. denied, 1966, 383 tempts to organize units in a multistate in­ Courts. U.S. 936, 86 S.Ct. 1065, 15 L.Ed.2d 852, ought dustrial complex. In determining whether a particular af­ not to be left to Judges alone. The responsi­ As Stevens V this case, joining the list of firmative action ordered by the Board pur­ bility must rest on all adjudicators.1o Cer­ predecessors/ has a like outcome. We enforce. suant to its powers under § 10(c), 28 U.S.C.A. tainly, as this Court recognizes, meeting this The Board concluded that Stevens had vio­ 160(c), is appropriate, the reviewing Court obligation involves being hospitable to the lated 2 §§ 8(a) (1) and (3) by discriminatorily must pay an unusually high degree of re­ distinctions born of differences.11 discharging four employees, engaging in sur­ spect to the Board's conclusion-these rem­ In light of these general princip1es, how veillance of Union activity, interrogating em­ edies are "peculiarly a matter of administra­ fares the objections urged by a four time ployees about Union activity, and making tive competence." Fibreboard Paper Products loser to the specific elements of the order? threats of discharging employees for Union Corp. v. NLRB, 1964, 379 U.S. 203. 216, 85 First. and easily dealt with, is the require­ activity and threats of closing plants if the S.Ct. 378, 406, 13 L.Ed.2d 233, ---. In ment that a notice of the Board's order (see Union 3 was recognized. Virginia Electric & Power Co. v. NLRB, 1943, subparagraph (d) and "Notice to employees" To the usual, traditional requirement of re­ 319, U.S. 533, -- S.Ct. --, 87 L.Ed. note 4 supra) be sent to each employee's instatement and back pay for the § 8(a) (3) 1568, the Supreme Court stated it in strin­ home.12 This requirement does not place any dischargees and cease and desist order of gent terxns: "[The order) should stand unless real financial strain on Stevens and imposes it can be shown that the order is a patent no serious technical problems. Moreover, it Footnotes at end of article. attempt to achieve ends other than those surely aids in dispelling the chilling effect of October 2·1, 1969 EXTENSIONS OF REMARKS 30907

Stevens' practices by giving the employee an More than that, the Employer's opposition prove that the remedy of Stevens II was not opportunity in the privacy of his home to see leading to illegal excesses was not localized stringent enough.2o that someone stronger than J. P. Stevens & to the Georgia plants. Employees,· too, may As the leitmotif in this opus in a major Co. has a voice in protecting those who wish get the word. And that word was the story or minor key is the necessity that, within to support the Union. Stevens I at 305, Stev­ revealed by Stevens I, II, III and IV. The permissible limits, the remedy be tuned to ens II ret 906, and Stevens Ill and IV at 1022; warning was there for all to heed. And yet the exigencies of the case, we would em­ Standard Oil Co. v. NLRB, 9 Cir., 1968, 399 communication of a desire to try-if not to phasize as do all the cases approving adapta­ F.2d 639; NLRB v. H. W. Elson Bottling Co., succeed-in organizing for collective action ability that this opinion does not stand as a 6 Cir., 1967, 379 F.2d 223. in dealing with this huge and powerful busi­ precedent for the use of any one or more or The second element of the order requir­ ness, is one of the basic aims of the Act. But all of subparagraphs (d) (e) (f) (g) (see note ing the Company to read the notice to the how to communicate when history proves 4 supra) in any particular case. It all de­ employees (see subparagraph (g) note 4 that identifiable activity imperils the job pends. supra) would perhaps present a more dif­ of the actor? In light of the fear and re­ We deny the petition for review and grant ficult question if, as Stevens urges, we luctance on the part of the employees to the crosspetition to enforce. have to read NLRB v. Laney & Duke Storage engage in lawful solicitation that Stevens' Order enforced. Warehouse Co., Inc., 5 Cir., 1966, 369 F.2d conduct must have engendered-a likelihood FOOTNOTES 859 as the law of the Medes and Persians which §§ 8(a) (1) and (3) show was within 1 congressional contemplation-providing the For ease of reference we continue the which altered not. But we think Judge Fein­ numerical identification employed by the berg in Stevens I, at 304-5 characterized our Union with access to a bulletin board was clearly not a "patent attempt to achieve ends Fourth Circuit in Stevens III and IV: action correctly as "albeit without much dis­ Stevens I: J. P. Stevens & Co. v. NLRB, 2 cussion • • • [and] although it had en­ other than those which can be fairly said to effectuate the policies of the Act." Virginia Cir., 1967, 380 F.2d 292, cert. denied, 389 U.S. forced such a provision in the past. Jackson 1005, -- S.Ct. --, -- L.Ed. (2d) Tile Mfg. Co. v. NLRB, 272 F.2d 181 (5th Oir., Electric, supra. Surely, the Board could con­ clude that this rather impersonal outlet for 1959) ." While on that record, for the needs Stevens II: Textile Workers Union of of that case, we declined to enforce a Board Union views was necessary to elimlnate the employees' apprehension of incurring the America v. NLRB, 2 Cir. 1967, 388 F.2d 896. order requiring the employer to read a no­ Stevens lli and IV: J. P. Stevens & Co. v. tice "to each employee, singly or collec­ risk of discharge or other retaliation if they engaged in personal solicitation either in or NLRB, 4 Cir., 1968, 406 F.2d 1017. tively", because it was unnecessarily em­ The present case, which reviews the Board's barrassing and humiliating to management, out of the plant.1a See NLRB v. H. w. Elson Bottling Co., 6 Cir., 1967, 379 F.2d 273. June 12, 1968 order, will be referred to as NLRB v. Laney & Duke Storage Co., Inc., Stevens V. supra at 869, embarrassment takes on a minor For like reasons we enforce the portion of 2 the Board's order requiring Stevens to make The violations in this case ocurred in value when outweighed by the necessity of Stevens• Dublin, Georgia plants, which are effectuating the policies of the National La­ available to the Union a list of the names and addresses of the plants' employees. (See sub­ two of approximately 70 plants operated by bor Relations Act. The necessities which be­ the company throughout North and South come exigencies are as variable as industrial paragraph (f) note 4 supra.) Stevens argues that the Board's remedy is not appropriate Carolina and Georgia, in which the company life itself. Thus, in NLRB v. Texas Electric is engaged in the manufacture and sale of Cooperative, Inc., 5 Cir., 1968, 398 F.2d 722, because the "obvious and unabashed objec­ tive behind this 'remedy' is to aid the Union cloth goods and other products. we enforced a Board order requiring the em­ 3 ployer to read the notice because it was in organizing Stevens' employees * • * ." The union involved in this case is the shown that a large number of the employees That it may be. But so is a publicized Textile Workers Union of America. were illiterate. Moreover, in NLRB v. Bush cease and desist order or wild-fire awareness ' The order provided: Hog, Inc., 5 Cir., 1968, 405 F.2d 755, against of a reinstatement and backpay order for "(d) Inform the employees of their rights a similar Laney & Duke assault, this Court four employees. See Stevens II at 905-06. On under the Act and assure them that Re­ also enforced a Board order requiring the the surface, this may appear to be making spondent will not engage in the conduct employer to read the notice. There we said: the lot of the Union easier. But, it is being from which it is ordered herein to cease and "Where ... the Board has found numer­ made easier solely because the employer desist, and that Respondent will comply with ous infringements of protected rights and has made that lot harder than the law toler­ the affirmative requirements of this order by a low literacy level among the company em­ ates. mailing a copy of the attached notice marked ployees, we cannot hold that the Board It bears emphasis that the protected col­ "Appendix A" to each employee of its Dublin abused its discretion in the notice reading lective activity-and conversely the object of and Nathaniel plants, Dublin, Georgia, and requirement of the present order." formidable employer opposition-was at­ posting copies thereof at the said plants for 405 F.2d at 759. tempting to organize. A remedy "to effectuate 60 consecutive days thereafter, in conspicu­ But it misreads the categorical imperative the policies of* * *this [Act]",§ 10(c), must ous places, including all places where notices of § 10(c) and the elasticity woven into it dispel, compensate for, or at least neutralize, to employees are customarily posted. Reason­ by GisseZ, and others, to think that illiteracy the frustrating effects of persistent illegal able steps shall be taken by the Respondent or low intelligence levels are the only justi­ activity. One way, of course, is to assure ac­ to insure that said notices are not altered, fications for this remedy. After all, the tra­ curate, effective communication by methods defaced, or covered by any other material." ditional posting of the notice has a therapy or means which can be demonstrably free " (e) Upon request of the Union, immedi­ beyond mere communication. In a world from employer retaliation.u A list of names ately grant the Union and its representatives of widespread publicty, aided by vigilant or and addresses affords two ready ways insu­ reasonable access at the Dublin and Na­ militant organizers, it is unlikely that a lated from discriminatory reprisal-(1) per­ thaniel plants, for a 1-year period, to its Board order or the Court enforcement of it sonal visitation and (2) direct mail. bulletin boards and all places where notices would be unknown to the affected workers. A And, while invoked and enforced here to to employees are customarily posted." part of the medicine is the traditional ac­ meet the exigencies of unregenerate em­ "(f) Upon request of the Union, made knowledgement that the employer has, but ployer illegality, this remedy gives a certain within 1 year of the issuance date of this will not again, deny employees' rights. For symmetry in the administration of the Act. Decision, immediately give to the Union a repeated violations persisted in despite in­ Quite apart from, and even in the absence of, list of the names and addresses of all em­ tervening declarations of illegality, the employer unfair labor practice opposition, ployees in its Dublin and Nathaniel plants." Board is warranted in impliedly concluding the Board has the power to compel the em­ "(g) Convene during working time, by de­ that such conduct has created a chill atmos­ ployer to furnish the names and addresses of partments and by shifts, all its employes in phere of fear and, further, in recognizing employees prior to, and as a part of, a board the said plants, and a responsible official of that the reading requirement is an effective conducted election. The Board's Excelsior the Respondent, at department supervisor but moderate way to let in a warming wind rule, earlier upheld by this and the Fourth level or above, or a Board agent shall read to of information and, more important, reas­ Circuit 18 was expressly approved in NLRB ll. department employees the contents of the surance.13 Certainly it is not "a patent at­ Wyman-Gordon Co., 1969, -- U.S. --, 89 attached Appendix A." tempt to achieve ends other than those which S.Ct. --, 22 L. Ed. 2d 709.111 "(h) Notify the Regional Director for Re­ can fairly be said to effectuate the policies of This nominally puts us in opposition to the gion 10, in writing, within 10 days from the the Act." Virginia Electric & Power Co. v. Second Circuit's holding in Stevens II, at 905, date of the Order, what steps have been NLRB, 1943, 319 U.S. 533, 540,--· S.Ct. in which that Court relied on NLRB v. Bab­ taken to comply herewith." ---, --, 87 L.Ed. 1568, 1574. cock & Wilcox Co., 1956, 351 U.S. 105, 76 S.Ct. The notice to be read and mailed to em­ We likewise enforce that part of the 679, 100 L. Ed. 975, which denied non-em­ ployees reads: Board's order requiring the company to give ployees access to the company's property for "Notice to all employees pursuant to the the Union reasonable u access for a year to distribution of Union literature. But not recommended order of a trial examiner of the company bulletin boards (see subpara­ really, for that Court, virtually confessing its the National Labor Relations Board and in graph (e) note 4 supra). We do this even own mistake in, having denied a transfer of order to effectuate the policies of the Na­ though there was no specific showing that Stevens I, at 306 n. 16, from the Second to tional Labor Relations Act we hereby notify the Union was unable to disseminate its law­ the Fourth Circuit where geographicaily "the our employees that: ful propaganda.u; action is", would undoubtedly now enforce We will not discharge any employee be­ Here the employees who were active in the this provision because, first, the Fourth Cir­ cause of union activities or for antiunion Union effort and who distributed Union cuit has done so in Stevens III and IV at reasons or for filing charges with the Labor literature were dis~riminatorily discharged. 1022-25, and second, Stevens III, IV and V Board. 30908 EXTENSIONS OF REMARKS October 21, 1969 We wm not spy on union meetings or on have the right to refrain from any or all and granted summary reversal in Groen­ employees attending them or on any union of such activities except to the extent that dyke Transport, Inc. v. Davis, 5 Clr., 1969, activities. such right may be affected by·an agreement 406 F.2d 1158, which was one of the early We will not threaten employees with loss of requiring membership in a labor organiza­ cases in the Fifth Circuit's precalendaring jobs or the closing or moving of the plant or tion as a condition of employment as au­ judicial screening procedure. See Murphy with any kind of different treatment because thorized in section 153(a) (3) of this title." v. Houma Well Service, 5 Cir., 1969, 409 they attended union meetings or engaged in 29 U.S.C.A. § 157. F .2d 804. union activities or chose a union to represent o There is a substantial danger that the 20 As do we, the Fourth Circuit in Stevens them. backpay award has degenerated into "a li­ III and IV, at 1024, found support in the We will give back to Robert Brown, Rollin cense fee for union busting." Staff of Sub­ Excelsior analogy. See note 18 supra and Dewitt Loyd, Larry Kelley, and Larry Green­ committee on NLRB, House Committee on related text. way their jobs and seniority, and we wm Education and Labor, 87th Cong., 1st Sess., make up the pay they lost and also pay them Administration of the Labor-Management 6 percent interest. Relations Act by the NLRB 2 (Comm. Print CATTLEMEN, RANCHERS, AND MEAT The National Labor Relations Act gives all 1961) . See also Stevens I, at 303-04. PACKERS MAINTAINED LOW PRICES employees these rights: 1o Resourceful and imaginative NLRB To organize themselves. orders are essential. The labor-management To form, join, or help unions. relations of industry are varied and com­ HON. JAMES M. COLLINS To bargain as a group through a represen t ­ plex. Courts of Appeals cannot require the OF TEXAS ative they choose. Board to use only round pegs when the holes IN THE HOUSE OF REPRESENTATIVES To act together for collective bargaining or m ay be square, triangular, rectangular, or other mutual aid or protection. even pentagonal. See Bok, The Regulation of Tuesday, October 21, 1969 To refuse to do any or all of these things Campaign Tactics, in Representation Elec­ Mr. COLLINS. Mr. Speaker, one of the we will not interfere with any of these rights tions under the National Labor Relations greatest achievements in productive ef­ including your rights to join or assist Tex­ Act, 78 Harv. L. Rev. 38, 124-41 (1964); Note, tile Workers Union of America, AFL-CIO, or The r.:-eed for Creative Orders under Section ficiency has been accomplished by the any other union of your choice.- J. P. Stev­ lO(c) of the National Labor Relations Act, cattlemen, ranchers, and the meat pack­ ens & Co., Inc. (Employer)". 112 U. Pa . L. Rev. 69, 90-94 (1963); Note, A ers. The other day I was discussing in­ 5 See (surveillance] NLRB v. Southland Survey of Labor Remedies, 54 Va. L. Rev. 38, :fiation with my friend Roscoe Haynie, Paint Co., 5 Cir., 1968, 394 F.2d 717, 719-20; 94.-95 ( 1968) . who has had many years of experience NLRB v. Bouden Co., 5 Cir., 1968 392 F .2d 412, u Thus, this Court has held that when an with Wilson Meat Packers. In discussing 414, n .3; NLRB v. Citizens Hotel Co., 5 Cir., employer has shown a "proclivity" to violate the housewives interest in food prices, 1963, 313 F.2d 708; [interrogation] NLRB v. the Act, the Board can frame its order to Cameo Inc., 5 Cir., 1965 340 F .2d 803, 807 cert. cease and desist in broad terms--cease and we made some comparisons on meat. denied, 382 U.S. 926, --- S.Ct. ---. desist from "in any manner" interfering An interesting base period was Sep­ --- L. Ed. 2d - --; NLRB v. Griggs with employee rights-while if no "procliv­ tember 17, 1951, when the Federal Gov­ Equipment Co., 5 Cir., 1962, 307 F.2d 275, ity" to violate the act is shown, the Board ernment had OPS price regulations. 278; (threats] Textile Workers v. Darlington must limit the scope of the order more near­ Eighteen years have passed since these Mfg. Co., 1965, 380 U.S. 263 , 274, n .20, --­ ly to the conduct of the particular case. ceiling prices were established. Most S.Ct. - - , --, -- L.Ed.2d --, --; Southwire Co. v. NLRB, 5 Cir. 1967, 383 F. every other segment of our economy. NLRB v. Neuhoff Bros. Packers, Inc., 5 Cir., 2d 235; NLRB v. Barna Co., 6 Cir., 1965, 353 1967, 375 F .2d 372, 374. F. 2d 230. such as automobiles, appliances, homes, 6 Stevens was charged with discriminato­ 12 Although the Board usually requires only real estate, clothing, and plant wages rily discharging six employees. The Trial Ex­ that the notice be posted on the Company have all had prices go /up tremendously. aminer found that two of the discharges bulletin board, the Board has often used al­ We realized that the accomplish­ were for cause. The Board approved this ternative means to insure the notice is com­ ments of the meat packing industry can­ finding and it is not challenged here. municated to the employees. See NLRB v. not be maintained indefinitely. But, here 1 The portions of the order to which the Bush Hog, Inc., 5 Cir., 1968, 405 F. 2d 755, is a special salute to America's great company vigorously objects were not part 758 n. 5. of the Trial Examiner's recommended order, 13 ·The Second and Fourth Circuits have ap­ ranchers, cattlemen, and meat packers but were added by the Board. The Board proved the requirement that the notice be whose efficiency has brought economy stated its reasons as follow: read to the employees in all the previous and savings to the American housewife. "In its exceptions, the Charging Party re­ Stevens cases. Stevens I, at 304-05; Stevens Below, we have listed the September quested the Board to grant an order similar II, at 904; Stevens III and IV, at 1022. See also 17, 1951, ceiling prices compared to pres­ to that granted in J.P. Stevens & Co., Inc., Judge Wright's dissent in International 167 NLRB No. 38, with some exten­ ent prices taken out of the daily news­ Union of Electrical, R & M Workers v. NLRB, paper: sion of its scope. Upon review of all the rele­ D.C. Cir., 1967, 383 F. 2d 230, 234. vant factors herein, including the Respond­ 14 There are ampltl resources to assure that ent's company-wide history of extensive un­ Sept. 17, the Union will abide by the Board's limita­ 1951, ceilings Now fair labor practices as refiected by our de­ tion to "reasonable access." This limitation cisions in J. P. Stevens & Co., Inc. (I), 157 should prevent the Union, as Stevens fears, NLRB 869, J.P. Stevens & Co., Inc. (II), 163 from taking over control of the Company's Chicago base, wholesale NLRB No. 24; J. P. Stevens & Co., Inc. carcass beef : plant. Choice beet______J. P. & 56.00 45.00 (III), 167 NLRB No. 37, and Stevens 15 Good beet______Co., Inc. (IV), 167 NLRB No. 38, we are per­ The portion of the order giving the 54.00 43. 00 Union reasonable access to Company was Standard beet______49.00 42.50 suaded that 'the conventional remedies Utility beet______47.00 41.50 would not be adequate to disabuse the em­ not enforced by the Second Circuit in Stev­ Cutter and canner ______42. 50 42. 00 ployees of the effects of the Respondent's ens I, at 305, but in Stevens II, at 905, on Chicago base, beef cuts, wholesale: tlagrant conduct.. . .' Accordingly, we shall a record the Company says was identical with Rounds ______that Court enforced the order. 61.00 57.00 conform our order herein to that adopted by Stevens I, Chucks ______55.00 41.50 Of course, by this time the Board and Court Ribs ______the Board in J. P. Stevens (IV). We shall, Loins ______68.00 60.00 however, modify the scope of the J.P. Stevens had seen the ineffectiveness of the order in 82.50 81.00 Live cattle prices: (IV) Order, by requiring Respondent herein Stevens I. Choice ______16 34. 20 31. 50 to mail copies of the notice to employees of When an employer has engaged in mas­ Good ______31. 50 29.00 the Dublin and Nathaniel plants, to post sive unfair practices, there can be a result­ Standard ______27.30 27. 00 ing fear of' reprisals that must be dispelled UtilitY------21.80 21.00 copies at the Dublin and Nathani..:l plants, Cutter and canner______and to furnish the Union a list of employees before the situation is restored. See Bok, 19.50 20. 00 at these plants." The Regulation of Campaign Tactics in The Board, however, refused to accede to Representation Election under the National PFC. DOUGLASS. WINN the Union's demand that Stevens also be Labor Relations Act, 78 Harv. L. Rev. 38, ordered to give to the Union access to the 140-41 ( 1964); Note, The Need for Creative company parking lots to distribute litera­ Orders under Section lO(c) of the National HON. LAWRENCE J. HOGAN ture and give the Union an opportunity to Labor Relations Act, 112 U. Pa. L. Rev. 69, OF MARYLAND reply to any anti-union speech made by 90-94 (1963) . . IN THE HOUSE OF REPRESENTATIVF..

SENATE-Wednesday, October 22, 1969 The Senate met at 12 o'clock noon teach us how to pray, when to pray, what in we are wrong. Confirm and strengthen and was called to order by the President to pray, and to whom to pray that the us wherein we are right. Save us from pro tempore. life of prayer may be the way of life in violence and discord, from distrust of one The Chaplain, the Reverend Edward this good land. Make us mindful of our another and from disobedience of di­ L. R. Elson, D.D., offered the following godly heritage. Restore in us the faith of vine law. Unite us in heart and mind and prayer: ' our fathers that we may trust not in our action that we may be one people whose own strength but in the wisdom and light might is in the right and whose strength Eternal Father, Lord of men and na­ which comes from Thee. is in Thee. tions, on this national day of prayer, 0 Lord, chasten and correct us where- We pray now for the President and his