May 8, 1971, EXTENSIONS OF REMARKS 13827 By Mr. RARICK (for himself, Mr. By Mr. THOMPSON of New Jersey (for H. Res. 1096. Resolution amending Rule FROEHLICH, and Mr. HAMMER himself, Mr. BARRETT, Mr. BIESTER, XIII of the Rules of the House to require SC~MIDT): and Mr. VANDER VEEN): reports accompanying each bill or joint reso H.R. 14700. A bill to amend title XI of the H.R. 14705. A b111 to provide for the estab lution of a public character (except reve Social Security Act to repeal the recently lishment of an American folkllfe center in nue measures) reported by a committee to added provision for the establishment of the Library of Congress and for other pur contain estimates of the costs, to both pub professional standards review organizations poses; to the Committee on House Adminis lic and nonpublic sectors, of carrying out to review services covered under the medi tration. the measure reported; to the Committee on care and medicaid programs; to the Com By Mr. VEYSEY: Rules. mittee on Ways and Means. H.R. 14706. A bill to direct the Secretary of By Mr. BROWN of Michigan (for him By Mr. RARICK (for himself, Mr. ST the Treasury to determine if bounties, self, Mr. BYRON, Mr. MILLER, Mr. GERMAIN, Mr. RONCALIO Of Wyoming, grants, or export subsidies are paid by for FRENZEL, Mr. STEELMAN, Mr. KEMP, Mr. JoHNSON of Colorado, Mr. WYATT, eign countries with respect to dairy products Mr. GUNTER, Mr. RIEGLE, Mr. GROSS, Mr. MITCHELL of New York, Mrs. imported into the United States, and for Mr. FROEHLICH, Mr. O'BRIEN, Mr. GRASSO, Mr. KYROS, Mr. ABDNOR, and other purposes; to the Committee on Ways CHARLES WILSON Of Texas, Mr. Mr. PRICE of Texas) : and Means. HEINZ, Mr. BUTLER, and Mr. MUR H.R. 14701. A bill to amend the Internal By M.r. ASHBROOK: THA): Revenue Code of 1954 to allow a deduction H.J. Res. 1008. Joint resolution to prevent H. Res. 1097. Resolution amending rule from gross income for social agency, legal, the abandonment of railroad lines; to the XIII of the Rules of the House to require and related expenses incurred in connection Committee on Interstate and Foreign Com reports accompanying each bill or joint res With the adoption of a child by the taxpayer; merce. olution of a public character (except reve to the Committee on Ways and Means. nue measures) reported by a committee to By Mr. RANGEL: By Mr. FULTON: contain estimates of the costs, to both public H.R.14702. A bill to amend title 10 of the H.J. Res. 1009. Joint resolution designat and nonpublic sectors, of carrying out the United States Code 1n order to count, for ing the promises occupied by the Chief of measure reported; to the Committee on purposes of nonregular retirement pay, serv Naval Operations as the official residence of Rules. ice before World War n in certain State the Vice President, effective upon the ter militia units which were racially segregated; mination of service of the incumbent Chief to the Committee on Armed Services. of Naval Operations; to the Committee on By Mr. RANGEL (for himself, Ms. Armed Services. MEMORIALS ABZUG, Mr. BADILLO, Mr. BIAGGI, Mr. By Mr. KUYKENDALL: BINGHAM, Mr. BRASCO, Mr. BROWN of H.J. Res. 1010. Joint resolution to desig Under clause 4 of rule XXII, memo California., Ms. BURKE of California, nate the third week of September of each rials were presented and referred as fol Mr. BURKE of Massachusetts, Mr. year as National Medical Assistants•· Week; lows: CARNEY of Ohio, Ms. CHISHOLM, Mr. to the Committee on the Judiciary. 472. By the SPEAKER: Memorial of the CLEVELAND, Ms. COLLINS of lllinois, By Mr. RANGEL: Legislature of the State of Tennessee, rela Mr. CONYERS, Mr. CORMAN, Mr. H. Con. Res. 490. Concurrent resolution for tive to U.S. sovereignty and jurisdiction over DIGGS, Mr. EDWARDS of California, negotiations on the Turkish opium ban; the Panama Canal; to the Committee on For Mr. EILBERG, Mr. HARRINGTON, Mr. to the Committee on Foreign Affairs. eign Affairs. HAwKINs, Mr. HEcHLER of West Vir By Mr. THOMPSON of New Jersey: 473. Also, memorial of the Senate of the ginia, Mr. HELSTOSKI, Ms. HOLTZMAN, H. Con. Res. 491. Concurrent resolution ex State of Maryland, relative to mandatory al and Mr. METCALFE) : pressing the sense of the Congress with re location of asphalt cement; to the Committee H.R. 14703. A bill to authorize grants to spect to the imprisonment in the Soviet on Interstate and Foreign Commerce. States for the establishment of vision screen Union of a Lithuanian seaman who unsuc ing programs for public school students; to cessfully sought asylum aboard a U.S. Coast the Committee on Education and Labor. Guard ship; to the Committee on Foreign By Mr. RANGEL (for himself, Mr. Affairs. MITcHELL of Maryland, Mr. MoAK By Mr. BROWN of Michigan (for him PRIVATE BILLS AND RESOLUTIONS LEY, Mr. MURPHY of New York, Mr. self, Mr. DERWINSKI, Mr. BAFALIS, Under clause 1 of rule XXII, private PODELL, Mr. RIEGLE, Mr. ROE, Mr. Mr. HOSMER, Mr. FORSYTHE, Mr. bills and resolutions were introduced and RosENTHAL, Mr. RoYBAL, Mr. SAR DEVINE, Mr. FISH, Mr. VANDERVEEN, severally referred as follows: BANES, Mr. STARK, Mr. TIERNAN, Mr. Mr. HINSHAW, Mr. LAGOMARSINO, Mr. VANDER VEEN, Mr. CHARLES H. WIL MADIGAN, Mr. CEDERBERG, Mr. CLEVE By Mr. LEHMAN: SON of California, and Mr. YoUNG of LAND, Mr. COLLIER, Mr. MAYNE, Mr. H.R. 14707. A bill for the relief of Joseph Georgia): HUBER, Mr. TREEN, Mr. LANDGREBE, Hoffman; to the Committee on the Judiciary. H.R. 14704. A bill to authorize grants to Mr. CRANE, Mr. McKAY, Mr. MICHEL, By Mr. MARAZITI: States for the establishment of vision screen Mr. MITCHELL of New York, Mr. H.R. 14708. A bill for the relief of Miss ing programs for public school students; to VANDER, JAGT, Mr. WAGGONNER, and Leonor Young; to the Committee on the the Committee on Education and Labor. Mr. HENDERSON): Judiciary.
EXTENSIONS OF REMARKS throughout the Cotton Belt; the Arkan sociation was a fledgling. Nowadays, half the ADDRESSOFCARLALBERT world 1s busy bidding up the prices of the sas-Missouri Cotton Trade Association, food and fiber produced by our American HON. ED JONES Atlantic Cotton Association, Southern cornucopia. But in those grim Depression Cotton Association, Texas Cotton Asso years, instead of shortages and rising prices, OF TENNESSEE ciation, and the Western Cotton Ship there was glut, with producers getting prices IN THE HOUSE OF REPRESENTATIVES pers Association. that did not return to them their costs of Wednesday, May 8, 1974 Meeting in San Francisco last week production. As an example, back in 1933 (a year no one Mr. JONES of Tennessee. Mr. Speaker, to celebrate their 50th anniversary, the here is under any obligation to admit was Memphis, Tenn., is the world capital of association was honored by the attend other than his year of birth), the Agricul the cotton trade. Our cotton merchandis ance of 1,000 guests from every im tural Adjustment Administration asked sev ing firms reach out from the Midsouth portant cotton market in the United eral million cotton producers to do something States and the principal foreign markets. that badly upset them-they asked them to to all the points on the globe develop The keynote address was delivered by destroy the fruits of their labor. Southern ing markets for the various growths of the Speaker of the House, the Honorable cotton-growers were preparing in that long U.S. cotton. CARL ALBERT of Oklahoma. I insert ago summer to harvest a bumper crop from Headquartered in Memphis is the prin some forty milllon acres. This meant that a.t cipal trade representative for the cotton Speaker ALBERT's address in the record: least sixteen million bales would be added industry, the American Cotton Shippers ADDRESS OF CARL ALBERT to the huge carry-over from prior seasons. Association. Its members handle over For half a century, your great Association Although it was too late to check planting, has played a. vitally important role in the the AAA sent out twer.ty-two thousand 70 percent of the domestic crop and 80 American econOllly. Today the agricultural agents, mainly volunteers, to persuade percent of the export market for U.S. segment of the most magnificently produc farmers to plow up about a fourth of their cotton. The ACSA is comprised of 500 tive of a.U the world's economic systems, of acreage, in return for cash payments rang firms who are members of 5 federated fers a sharp contrast to the days of the ing from six to twenty dollars an acre, no associations, located 1n 16 States Depression which came along when your As- mean sums 1n those days. The crop-limitation C.XX-871-Part 10 13828 EXTENSIONS OF REMARKS May 8, 1974 evangelists returned to AAA offices with ago that, "The accumulation of all powers, democratic system's only national public agreements from growers to take more than legislative, executive, and judicial in the forum, will then indeed and at last be able to ten million acres out of tillage. same hands, whether of one, few, or many, assert its rightful place as an equal !branch Some of the livestock were violently anti and whether hereditary, self-appointed, or of the Federal government. New Deal, however. Newspapers reported that elective, may justly be pronounced the very Congress must have its own tools, and a the Southern mule, trained to walk between definition of tyranny." variety of them, to cope with lnstablllty and rows, stubbornly refused to trample growing Our Constitutional system has lasted al slowdown for more than five years. Our shaky cotton as he pulled behind him the plow of most two hundred years; under it we have economy is of overriding concern to Congress, destruction. His master who had seemed at become the world's most powerful and eco our people, and worldwide, and with good first more tractable, instead showed himself nomically successful nation. If we need reasons: so reluctant early next season to sign up something to buck us up nowadays, we Inflation is the worst in almost a quarter for crop-limitation (because he was hoping should remember that, at the beginning of of a. century; to reap the benefit of rising prices) that Con our Federal government, there was fear that Decline in first quarter production is the gress had to pass the Bankhead Cotton-Con the system enjoined by the Constitution worst in 16 years; trol Act of 1934, which laid a heavy tax on might not survive. As the time for the first The Gross National Product declined at an all fiber brought to the gin in excess of a Congressional elections under the Constitu annual rate of 5.8% during the first quarter grower's assigned quota. tion drew near, George Washington anx of tills year; Today, the tide has turned. With a surging iously wrote to a friend: "As the period is now Buying power of American workers is 4.77~ demand for cotton at fair prices, the indus rapidly approaching which must decide the below a year ago; and try stands in an auspicious position. I have fate of the new Constitution, as to the man The prime bank interest rate is the highest it on good authority that there is a real ner of its being carried into execution and in history. chance to recapture markets lost in the past probably as to its usefulness, it is not won These somber statistics describe an econ to synthetics. Cutbacks in polyester produc derful that we should all feel an unusual omy which has been pulled out of recog tion have already taken place. degree of anxiety on the occasion. I must nizable shape over the past five years by the Even before the energy crisis reduced the acknowledge that my fears have been greatly forces of alternating recession and infla supply of petrochemicals for man-made alarmed, but still I am not without hopes. tionary -expansion. fibers, the synthetics industry had nearly ... There will, however, be no room for the Now we are once again entering a period reached full capacity. It requires only a fifth advocates of the Constitution to relax in where two famtliar economic concerns loom as much energy to produce one pound of their exertions; for if they should be lulled before us: a downturn of uncertain depth man-made fiber. Cotton flammability cost into security . . . the consequences which and duration, and an inflation rate of un the industry almost all of the chtldren's you so justly dread may be realized." questionable seriousness. sleepwear market after the issuance of last It is necessary today, just as it was when Three years ago we could have combat year's Federal regulations. This problem has Washington thus expressed his concern, that ted these problems with potent, innovative now been entirely overcome; all-cotton those who prize the blessings of freedom alternatives. Today our alternatives for bet woven cloth can be made fire-retardant by permit no relaxation in their efforts in de tering the economy are significantly reduced a new chemical process and yet retain its fense of the Constitution of the United because mistakes of the past have left our cotton absorbency, strength and color States. I can assure you that Congress will economy shell-shocked and weary. Current acceptance. Because of polyester shortages, perform its Constitutional responsibilities in problems cannot be isolated from past mis we may soon see a blend of sixty percent our present difficulties so that the American takes. Had it not been for the stringent cotton and forty percent polyester, instead people's confidence in their government wm budget policies and tightened money mar of the fifty-fifty blend now found in most lbe restored. kets that triggered a full scale recession in permanent press fabrics. Our Constitution's separation of powers, 1970, our economy would have been stronger In a significant beginning on the road back and its checks and balances upon the exer today. Had it not been for a senseless delay to an adequate supply, the Agriculture De cise of their powers by the separate branches, of more than a year in invoking wage and partment estimates that 14.6 mtllion acres were called by the 51st Federalist Paper "the price controls, our economic health would will be planted with cotton this year. The interior structure of the government (whose) have been better today. Had the economy not cotton marketing mechanism, which your several constituent parts may, by their mu been overstimulated in 1972 and controls Association so well represents, is a marvel of tual relations, be the means of keeping each disastrously dropped early in 1973, inflation efficiency and enterprise. other in their proper places." This magnifi would not be the major problem it is today. The world's (and history's) largest and cent piece of Constitutional engineering is Had not poorly administered self-destruct best-organized endeavor for the production working at this very moment under a full ing controls been used as an erratic compen of food and fiber, our American agriculture, head of steam. sation for Phase III failures, our economy's did not merely survive the Great Depres We have legislated internal reforms of the outlook would be brighter today. sion. It battled its way out of it, enlisting Congress to help it do its Constitutional These multiple mistakes, steadily stabbing the Federal government in the cause, and work better. In its dealings with the execu at the economy, have drained it of its vital succeeded more quickly and on a greater tive branch, Congress has gradually lost some ity. How could the economy remain healthy scale than many European and domestic crit of its effectiveness in budgetary matters. By after being dipped in an acid bath of full ics thought humanly possible. In the same this summer Congress wtll have adopted a scale recession, followed by the shock of a way, we shall overcome the present discon new system that will do much to give re rocky voyage through no control, control, de tents that afllict the body politic of the newed vigor to our Constitution's separation control, recontrol, and no control again, all world's greatest constitutional system. What of powers and checks and balances upon the in less than three years? Mismanaged eco other democratic system could have endured exercise of those powers. Under the present nomic policy over the past five years has the turmoil of the past decade? What other system, Congress could only react with a transformed the American economy from a. system of government could continue with sense of helplessness when the executive sturdy, resilient vehicle of general prosper the effective performance of its responsi branch sent up its proposed budget each ity into a fragile assortment o! confitct\n.g bilities, under the pressures now borne by January. The !budget the White House interests, vulnerable to collapse under each ours? shipped to us this year breaks the $300 bU new pressure. After such a nightmare, I can American citizenship under our Constitu lion barrier, lifts the Federal debt above the not blame both business and labor for cry tion is and will remain a glorious personal half-trillion mark, increases Federal spending ing out against government intervention. possession, the fulfillment of the dreams and $36 btllion above the amount first estimated The American people demand and deserve a struggles of men for centuries. Our Con for the year, requires $30 billion to pay in return to stabillty, a stablllty conceived in stitution, guaranteeing priceless freedoms to terest costs on the public debt, and contains, confidence and nurtured by the strong and our citizens, sets forth a concept of liberty locked in its maw, the fourteenth budget steady hand of consistency. The key to eco that has been an inspiration to th.ose seek deficit in the past fifteen years. nomic stabllity lies in sensible policies, stead ing freedom throughout the world. The sta In passing the new Budget and Impound fly executed and candidly explained. The bility of our system of government, func ment Act, we had to ask ourselves whether American people deserve no less. tioning under this Constitution, is a mighty the executive branch was to lbe allowed to As of midnight April 30, when authority fortress which cannot be shaken by the trem decree what would and what would not be for wage and price controls expired, the bur ors of the present. spent. The answer was that Congressional den for our return to economic stabtllty to Despite the enlargement of Presidential stewardship of the Federal government is im a great extent Ues with the business com powers during wartime, it was a wartime possible without control by Congress of Fed munity of this nation. Business working with Democratic President, Woodrow Wilson, who eral spending. The new system will give Con labor must strive to unshackle the American said: "Liberty has never come from the gov gress, for the first time, its own office of the people from the cancerous inflation that has ernment. Liberty has always come from the budget. The House and Senate wm set spend ravaged the economy. Inflation wtll not die subjects of it. The history of liberty is a ing levels and have, at last, a comprehensive of old age; business must fight this disease history of the limitation of governmental concept of expenditures in relation to rev vigorously with long-range prudent pollcies power, not the increase of it. When we re enues. This reform lays the foundation on that thoughtfully and rationally balance the sist, therefore, the concentration of power, which future Congresses may erect additional economic scales. we are resisting the processes of death, be bulwarks against the excesses of executive The next few months will be crucial to cause concentration of power is what always power. The new arrangement is a basic step our prosperity. Double figure inflation con precedes the destruction of human liberties." in preserving the stability of our system of tinues with a vengeance. The Gross National And James Madison, "The Father of the government by strengthening the Constitu Product's decllne in the last quarter indi Constitution" as he is called, warned us long tional separation of powers. Congress, our cates an increasing downturn of the economy. May 8, 1974 EXTENSIONS OF REMARKS 13829 However, most economists expect some basis of power from Czar to Commissar. graduate fellowships, including the re abatement in inflation during the last quar Modern China. had one revolution in 1911 quired payment of sizable institutional ter of this year and predict improveme1;1t of and, after a protracted civil war, a. Commu the Gross National Product performance dur nist revolution in 1948-49, that led inevitably stipends. Under the existing law, the ing the coming quarter. Housing is poised to dictatorship. India, after winning its free $750,000 appropriation already available for a recovery if interest rates can be re dom by a revolution of passive resistance, will support only 31 students rather than duced. With gasoline supplies already approx launched a. mixed economy with socialist ele approximately 200 if the program is al imating those of last year, auto sales are ex ments. Of the Latin American nations, Brazil lowed to operate as it has in the past. pected to revive to just under 10 million and Argentina. are typical in having broken My bill will allow the program to func units for the year. away from European rule by revolutions tion much as it has so successfully done The climate is favorable for an upturn in which were followed by internal revolts and up to now. the economy and a. return to stability if military coups. Even in Britain, where a business, labor and government work to capitalist system has lasted longer than any Mr. Speaker, this bill has the support gether for the cumulative benefit of our where except in the United States, the pres of the organizations and individuals in nation. sures toward a socialist economy and society volved in the CLEO program. I commend Today I challenge every businessman in have been stronger than anything in the the administration for calling our atten America. to realize the enormous responsi American experience. tion to the need for this legislation and bility they now have to return stability and Ours has been a. system of remarkable for its support. Because prospective pro prosperity to the economy of this nation. stability, well able to survive transitory but gram participants are already being con The next few months will document fully major problems-a. traumatic civil war, two the degree of seriousness and good faith put world wars, depression, riots, and troubles of tacted about participating in the program forth by American business during this hour all kinds. In the United States, national ad this summer, it is very important that of testing. ministrations, whether Federalist or Jeffer our committee act as expeditiously as Not only do Americans seek stability in sonian, Whig or Jacksonian, Republican or possible in approving changes to the au the economy but they seek it in their gov Democratic, have in the past stayed within thorizing legislation. ernment. For 187 years the Constitution of roughly the same broad framework of beliefs the United States has supported the world's and values. We in Congress intend to keep it most powerful and successful nation. Despite that way. all our troubles, we have much to be thank The Constitution is the nourishing spring ful for, especially in the Constitutionally of our nation's faith, the bedrock of our PENSION INCREASE FOR DISABLED protected freedoms we enjoy. Wrote Emer freedoms, the great treasure which we must VETERANS son, "We think our civilization is near its preserve, protect and defend, as the only meridian, but we are yet only at the cock conceivable basis for our stable system o:f crowing and the morning star. Our coun government. Woodrow Wilson wisely cau . HON. C. W. BILL YOUNG try's highest ideal, equality under the law, tioned us that democracy and its government OF FLORIDA is civilization's highest ideal. The United flourish only as they are nurtured from their States was the first country to revolt success roots. "A people shall be saved," he said, "by IN THE HOUSE OF REPRESENTATIVES fully against colonial rule, and, as the first the power that sleeps in its own deep bosom Wednesday, May 8, 1974 new nation, it has been an inspiration to all or by none. The flower does not bear the root, of the many countries which have followed but the root the flower." Mr. YOUNG of Florida. Mr. Speaker, in its steps toward their own independence. today the House unanimously passed The greatest German writer of all time, H.R. 14117, a bill to provide increases in Goethe, wrote: the rates of disability compensation for "America, thou fa.rest better BILL TO EXTEND AID TO DISAD disabled veterans and the rates of de Than our own continent, the old one; VANTAGED LAW STUDENTS pendency and indemnity compensation Thou hast no crumbling castles, for their families. This is a much-needed No basalt wreckage. cost-of-living increase for our disabled Thou are not shaken in this hour of life HON. JOHN DELLENBAC'K veterans and their dependents, and I By useless memories and futile strife." OF OREGON hope that House-Senate differences in As Goethe understood, our new United IN THE HOUSE OF REPRESENTATIVES the legislation can be speedily resolved States had no ancient historical sites, relics, and the measure enacted into law with and memories, but it also had no tyrannical Wednesday, May 8, 1974 out delay. feudal system to overthrow, either. It was a. new country, but a. free country (once we got Mr. DELLENBACK. Mr. Speaker, to We are all well aware of the harsh rid of the British), a country whose two day I am pleased to introduce a bill to impact which inflation has on those hundredth anniversary we shall soon be amend the Higher Education Act to pro living on a fixed income. The cost of celebrating. vide opportunities for legal education for living index has risen almost 13 percent Baedeker, the famous editor of travel those with disadvantaged backgrounds. since the 1972 compensation increase for guides of years ago, advised any European Joining me in cosponsoring this proposal, disabled veterans-but even more un planning to visit the United States in the which was recommended by the adminis fortunate is the fact that the cost of late nineteenth or early twe.ntieth century tration, are Representatives QuiE, that he "should, from the outset, reconcile such essentials as food and health care himself to the absence of deference, or servil BRADEMAS, ERLENBORN, ESCH, KEMP and have increased at double that rate. ity, on the part of those he considers his BIAGGI. Therefore, I am especially happy that social inferiors." Actually, this legislation is designed to the Veterans' Affairs Committee provided Whether they liked what they saw or not, allow the continuation of a successful rate increases larger than the increase most foreign observers did not doubt that program that has been in existence for in the cost of living, because this is a America was a. democratic society. Different 6 years and which has already received more accurate reflection of the needs of American occupations brought differences in · an appropriation for the coming year. prestige, but neither the occupations nor the disabled veterans and their families. prestige implied any fundamental difference The program is known as CLEO-Coun Briefly, H.R. 14117 provides assistance in the value of individuals. Even hostile vis cil on Legal Education Opportunity. in the following manner: itors confirmed the judgment that in America. CLEO has received support from sev Increases the basic rates of disabil sharp class differences were absent, since eral foundations and private corpora ity compensation from 10.7 to 18 percent many of these visitors found the arrogance tions in addition to grants, beginning in depending on the degree of severity of of American workers intolerable and hurried 1971, from the Office of Economic Oppor the disability; back to Europe where they belonged. tunity. The program is under the joint Provides a 15 percent increase in the The United States is one of the youngest of sponsorship of the American Bar Asso the great civilization of the world, but it is allowance to dependents of severely dis one of the oldest and most continuous of the ciation, the American Association of Law abled-50 percent or more--veterans; world's social systems. France had its revo Schools, the National Bar Association Increases the dependency and indem lution shortly after ours but a. series of and the Law School AdnUssion Council. nity compensation rates-DIC-by 17 catastrophes in three successive wars wiped Originally under OEO, the program percent, across the board; and out much of the staying power of the ruling was then transferred to HEW. An Extends the presumption of service class and brought about a chronic instab111ty amendment to continue this program oonnection to those veterans who served of regimes alleviated only by the one-man rule of the late General Charles DeGaulle. within HEW was made to part D of title between the end ·of World War II and Germany had a frustrated social revolution IX-Graduate Programs-of the Higher the beginning of the Korean War. in 1919 and a Fascist one in 1933 for which Education Act as part of the Education Mr. Speaker, of the 29 million living it has had to pay heavily in social chaos. Amendments of 1972. The problem with veterans in America, over 2 million have After several abortive attempts, Russia's that provision is that it is tied to re been disabled in the military service of communist revolution in 1917 changed the quirements meant for other Federal their country. Those who have died of 13830 EXTENSIONS OF REMARKS May 8, 1974 such disabilities have left nearly 375,000 by $129 billion, or nearly 200%, while those Quality of service is, of course, much harder survivors who look to a grateful Nation of state and local entitles have also tripled to measure than cost. But even without bene with a rise of $122 billion. :flt of statistics, it 1s apparent th81t postal serv for assistance. While we can never fully Just in the past four years, total federal ice has been going downhlll for years despite repay these men and their families for expenditures have jumped $78 billion, or by the sharp increase in its rates. In the early their service and sacrifices, we can as nearly two-fifths. The entire rise in spend part of the period under review we received sure that the value of the benefits which ing has been for non-defense activities. It two dally postal deliveries at home, four at they receive from veterans programs seems incredible, but this increase in civ111an the office. Now we are supposed to get one at keeps pace with the cost of living. H.R. outlays is nearly 10 times as much as the home and two at the office. Despite fast planes 14117 provides this assurance, and I am U.S. government paid out for all purposes and express highways, business mall from happy to join with my House colleagues in any year prior to World War II. New York frequently falls to arrive here untn Moreover, Washington 1s constantly press the second day--even though it 1s less than in this unanimous expression of the ing, or being urged, into new fields--educa an hour's flight and a five-hour train or truck continued gratitude of America to her tion, health care, credit, housing. Problems trip. In contrast, a phone connection to al veterans. that are essentially local in nature-such as most any station in the country takes but mass transit, traffic, urban decay-are now a few seconds-a. fraction of the time it did being passed on to federal bureaus. So the 40 years ago. public sectors grows and grows. Now what effect have these two systems POST OFFICE VERSUS MA BELL A question that puzzles us 1s why anyone had upon us as taxpayers? Table IV shows should think that such spheres of activity the postal deficit and the taxes paid by the can be conducted more effectively under pub Bell Telephone companies, both annually and HON. ROBERT J. LAGOMARSINO lic than private management. Does anyone on a cumulative basis. Publlc operation OF CALIFORNIA conceive that federal administrators have makes a strikingly poor showing here. Even IN THE HOUSE OF REPRESENTATIVES greater talents than private business man though as consumers we pay much higher agers or local civic leaders? postal rates than ever before we are even Wednesday, May 8, 1974 A good illustration of the striking differ· worse off as taxpayers. We now contribute ences in public vs. private management 1s $1.4 bilUon a year to make up the deficit be Mr. LAGOMARSINO. Mr. Speaker, I afforded by a comparison of the two giants insert the attached article "Post Office tween postal receipts and expenses, or 20 of the communications field-the U.S. Postal times as much as when the letter rate was versus Ma Bell," a comparison of public Service and the Bell Telephone System. It 1s only two cents. and private industry to be printed in the interesting to observe now these two orga.· RECORD: nizatlons have affected us as consumers and TABLE I-FEDERAL, STATE AND LOCAL GOVERNMENT POST OFFICE VERSUS MA BELL taxpayers over the years. As a starting point, ACTIVITY let's take a look at the trend of postal rates (NoTE.-This is a reprint of the Weekly since the early 'Thirties. The first class rate Staff Letter for March 28, 1974, issued by for a one-ounce letter has risen as follows: Percent David L. Babson & Co. Inc., investment coun Employ- of total Expendi- Percent ment employ- tures of total sel, Boston, Massachusetts.) [In cents) (millions) ment (billions) economy One of the most disturbing proposals we've heard lately is the Senate bill to create a fed Regular 1973.--- 13.7 16.2 $407 31.6 erally operated oil enterprise. Its sponsors mail Airmail 1967 ____ 11.4 15.3 243 30.6 claim that it would stimulate competition 1963 ____ 9. 2 13.6 167 28.3 and serve as a yardstick for measuring the 1955.--- 6. 9 11.1 98 24.5 petroleum industry's performance. Naturally, 1974_------10 13 1947---- 5.5 9.6 42 18.3 8 11 1940 ____ 4.2 8.8 18 18.4 it would be subsidized by taxpayers with 1971_------1929 ____ 1968_------6 10 3.1 6.4 10 9. 8 cheap capital and exemption from tax and 1963_------5 8 royalty payments. 1958_------4 7 Some Congressmen and editorial writers 1957------3 6 In contrast, note that while the Post Office 3 5 want to take a bigger immediate step and 1947------has drained off $23 billion from our tax 1933_------3 6 nationalize the oil companies right away. 1932.------2 5 revenues since 1932, the Bell Companies And several politicians here in Massachusetts have, over the same period, put $54 billion have been making noises about the "need" into public coffers through tax payments. to take over electric ut111ties as well. In recent years, various public commissions, And this figure does not include the federal This latest outbreak of governmentalitis Congressional committees and the White excise taxes paid by Bell customers-$18 btl along with the current leap in postal rates House have investigated and criticized the lion in the past 20 years. reminded us· of a Staff Letter first written in "infiationa.ry" pricing pollcles of private bus Moreover, the Bell Companies have mllllons 1964 and reissued in 1967. Titled "Govern iness. Yet it is a matter of record that during of stockholders-American Telephone itself ment vs. Private Operation-A Striking Con the past 10 years the Post Office has hiked its has three million, including colleges, trast," it compared the operating results of rates 65%-100%. Now let's see how prices churches and other institutions as well as the nation's two communications giants of the privately-operated telephone system individuals. Last year's dividend payments the U.S. Postal Service and the privately run have fared o•er the past four decades. The came to $1.7 billion vs. $248 million in 1950 Bell Telephone System. So we decided to re rates for three--minute toll calls between and $39 mllllon in 1930. In the past two print the Letter this week-the only changes Boston and other major cities are shown in decades, these disbursements have created being to bring the figures up to date. Table II. $4 billion of federal income taxes to help It has become the fashion--especially In addition to the rate drops shown in the finance the postal deficit. among politicians, union bosses and business table, Bell recently introduced a 35¢ rate for Altogether, the contrast in the results of men-to call more and more on the govern one-minute, coast-to-coast calls made after these two organizations 1s startllng. If the ment for action. The extent to which its 10 p.m. While toll charges have declined sub government ever gets into the oll business share of the economy has mushroomed over stantially over the years, the cost of local tele· and runs it like the Post Omce, toda.y•s gaso the years is shown in Table I. phone service has been trending upward. But line prices will be remembered as wistfully Note that the public share of employment even here, the rise since 1932 has been less as the 10% income tax and the 2¢ ~tamp. has been raising almost as fast since 1947 as than half that of the consumer price index it did during New Deal days. Also observe that and only one-quarter as much as the increase TABLE 11.-STATION-TO-STATION TOLL RATES t FROM 16.2% of all workers (one out of six) are now in postal charges for regular mall. BOSTON on public payrolls compared with 6.4% (one Thus, it's obvious that as consumers we out of 16) in 1929. have fared much better prlcewise with the The table also shows that the public sector privately-operated organization than with New York Chicago San Francisco now accounts for close. to one-third of total the publlcly-run one. This is largely a refiec Year Day Night Day Night Day Night economic activity against less than one-tenth tion of the degree to which each of the two in 1929. Our federal government is the big systems has been able to lift its efficiency or 1974 ______$0.80 $0.55 $1.15 $0.65 $1.45 $0.85 gest employer, borrower, lender and spender "productivity." Despite some improvement in 1967------. 75 • 55 1.40 • 70 7. 75 1.00 in the world. One out of nearly every three recent years, the public operation again 1963.------.75 . 55 1. 50 1. 20 2. 25 1. 75 dollars of personal and business income now makes an unfavorable comparison (see Table 1955 ______• 75 .55 1.60 1. 30 2. 50 2.00 1947------. 75 . 45 1. 65 1. 25 2. 50 2.00 goes to a tax collector somewhere. III). Note that over the past 43 years the 1939 __ ------.80 . 50 2. 50 1. 50 6. 75 4. 50 Particularly disturbing 1s the fact that this postal service has managed to increase the 1932.------1.00 .60 3. 25 1.75 9. 50 5. 75 speed-up in public spending has been taking number of pieces of mall handled per em Percent decline place during a period of record economic ploye by 56%, but the Bell System takes care 1932-74 _____ 20 8 65 63 85 85 prosperity. In the past decade, non-defense of 2.7 times as many conversations per worker outlays in the federal budget have shot up as it did then. 1 Excludes liederal excise taxes. May 8, 1974 EXTENSIONS OF REMARKS 13831
TABLE Ill a vote. The Democratic Caucus 1s scheduled sey is one of the Nation's oldest craft in to meet on Thursday. Its vote may very well dustries; and Volume per determine the ultimate fate of this necessary Whereas, the lace and embroidery industry Number of employe reform package. is one of the largest industries in northern employees Volume (1980 equals The House Republican Policy Committee Hudson and eastern Bergen Counties, em (thousands) handled 100) is on record in support of the objective of ploying thousands of people; and Bell (bil· (mil- Bell the Bolling Committee report. Individual Whereas, there are more than 500 em PO Cos. lions) 1 lions)~ PO Cos. Members can and wm differ on particular broidery manufacturing plants in New Jersey aspects of the report. But the overall objec making it the largest embroidery center in tive is enthusiastically endorsed. At the very the Western World; and 1973 ______701. 1 798.9 89.7 432.0 156 269 1966_. ______675.4 650.8 75.6 295.7 136 225 least, the Members of the House have a Whereas, the machine made embroidery 1963 ______587.2 571.4 67.9 251.4 140 218 right to expect the chance to vote on the industry was started in the United States one 1962 ______588.5 563.9 66.5 242.4 137 214 amendments on the House Floor. hundred years ago; and 196L -----·--- 582. 4 566.6 64.9 226.4 135 189 In my view, it would be a grave miscarriage Whereas, the size, role, history and 1m 1957 ------·- 521.2 640.9 59.1 188.3 137 146 1950 ______500.6 523.3 45.1 140.8 109 134 of leadership responsibility to deny the com portance of the embroidery industry should 1940 ______353.2 275.3 27.7 79.3 95 141 mittee reform amendments access to the be brought to the attention of the residents 1930 ______339.5 318.1 27.9 64.0 100 100 House Floor. It is my hope that the Members of New Jersey; Percent of the majority party recognize the essen Now, therefore, I, Brendan Byrne, Gover increase 193Q-73 _____ 107 151 222 575 56 169 tial nature of committee reform, and act in nor of the State of New Jersey, do hereby a way that places the interests of the en proclaim 1974 as "Embroideries and Laces tire Congress over the interests of a power Year" in New Jersey. 1 Pieces of mail ful few Members. 2 Daily number conservations. Progress is never possible in an atmosphere where change is prohibited. With only a 30% TABLE IV approval rating, it is obvious that this Con gress must act positively to regain the con YOUNG AMERICA! LEAD THE WAY (In millions of dollars) fidence of the American people. The impor tance of meaningful committee reform must Deficit of Post Office Taxes paid by Bell not be ignored by this Congress. HON. JACK BRINKLEY Department Companies OF GEORGIA Cumulative Cumulative IN THE HOUSE OF REPRESENTATIVES from from Annual 1932 Annual 1932 EMBROIDERY INDUSTRY OBSERVES Wednesday, May 8, 1974 100TH ANNIVERSARY Mr. BRINKLEY. Mr. Speaker, last 1973 ____ 22,703 4,350 54,454 1966 ____ 1,~~ 12,843 2, 718 30,045 week as part of its observance of Law 1963 ____ 819 10,454 2, 246 22,301 Day 1974, the Columbus, Ga., Lawyers 1961_ ___ 826 8,860 1,972 17,952 HON. DOMINICK V. DANIELS 1958 ____ Club, of which I am a member, sponsored 891 6,832 1, 483 12,442 OF NEW JERSEY 1950 ____ 545 2, 233 499 4, 472 an area high school essay writing con 1940 ____ 41 687 185 .1, 000 IN THE HOUSE OF REPRESENTATIVES test. The winner of this contest, selected 1935 ____ 428 94 352 66 Wednesday, May 8, 1974 from more than 50 competitors, was Miss Linda A. High, a student at Pacelli Mr. DOMINICK V. DANIELS. Mr. High School. HON. JOHN RHODES SUPPORTS Speaker, one of the most interesting and STRENGTHENING THE HOUSE Linda's winning essay is just excellent useful industries in Hudson County, N.J., and I was most impressed with the is the embroidery industry. This indus·try mature perspective and insight which it employs thousands of people in northern contains-in fact it was reprinted as a HON. WIUIAM A. STEIGER New Jersey, and maintains over 500 em guest editorial in the May 1, 1974, edition OF WISCONSIN broidery manufacturing plants in New of the Columbus Enquirer. ~ THE HOUSE OF REPRESENTATIVES Jersey making it the largest embroidery Mr. Speaker, Linda's essay is one well center in the western world. This year we Wednesday, May 8, 1974 worth repeating and, at this time, I are observing the 100th anniversary of highly commend it to the attention of Mr. STEIGER of Wisconsin. Mr. the establishment of this industry in the our colleagues. Speaker, the distinguished Republican United States. The essay reads: leader, JoHN RHODES of Arizona, released Realizing the size and importance of an incisive and thoughtful statement yes the industry Hon. Brendan T. Byrne, YO'C'NO AMERICA! LEAD THE WAY terday on the report of the select com Governor of the State of New Jersey, of (By Miss Linda A. High) mittee. It deserves the careful attention ficially proclaimed 1974 as Embroideries Between the America of yesterday and the America of tomorrow stands our generation. of all Members and I am pleased to make and Laces Year in recognition of the To us has fallen the duty of preserving the it available to my colleagues: machine-made embroidery industry in faith, honor, strength, and glory of America. JOHN RHODES SUPPORTS STRENGTHENING TBB the United states. The proclamation was This duty cannot be fulfilled in one day: It HouSE presented by the Governor to Leonard requires a day-to-day exercise--a program Reform of the House COmmittee structure LaVerghetta, president of the Schiffii consisting of six basic steps. 1s essential if Congress 1s to revitalize itself. Lace and Embroidery Manufacturers As First, we must accept our responsibllities The present committee system was devised sociation, Union City, N.J., during a as citizens. People who exercise their rights in 1946. Since that time, there has been ceremony held in the Governor's office at are the foundation of our country. They form llttle change and virtually no improvement. the power group who leads the country It was with this realization in mind that the Trenton Capitol. toward tomorrow by accepting respon the Select Committee on Committees was Governor Byrne in turn was presented sib111ties today. They fulfill an obligation to established over one year ago. That bi with a framed set of embroidered Apollo themselves, their community, and their partisan committee, under the able leader Astronaut emblems-the same emblems country. ship of Chairman Richard Bolling of Missouri worn by the astronauts on the space Second, we must become doers. The doers and Vice-Chairman Dave Martin of Ne shots-by Seymour Schwartzberg, the know what is happening in their own braska, spent fourteen months receiving president of the Schi1Hi Embroidery backyard as well as across the nation. They testimony from House Members, academic oppose anti-democratic matters and speak witnesses and many outside interest groups. Manufacturers Promotion Fund. out against wrong and injustice. They grasp The result was, in my judgement, a monu The resolution follows.: opportunities to move forward instee.d of mental work, most of which I approve. With PROCLAMATION "letting George do it." the exception of Congressional budget re Whereas, Man has been engaged in the Third, we must think. Thinkers are always form, I can think of no other single item honorable art of beautifully embel11shing important because they a.llow nothing to slip that Congress needs to enact in order to be textiles for apparel and home furnishings for by without fully understanding it. Their at come a responsive institution of government thousands of years; and titude is that nothing can be ignored. They once again. Whereas, creative embroideries and laces share their ideas with others but do not force Unfortunately, recent indiootions have have brought color, interest and beauty to others to accept their ideas. given rise to the fear that the important the life we know; and Fourth, we must become well-informed. recommendations of the Bolling Committee Whereas, the Schlffil Lace and Embroidery An informed people listen to and read about report may never reach the House Floor for industry. concentrated in northern New Jer- sign11lcant news for analyzation. By keeping 13832 EXTENSIONS OF REMARKS May 8, 1974 up with events through the communication look with fresh eyes at the categories man Few who face th8!t question honestly are media, they learn how and why the govern has established for beasts, birds, fish, in pleased by the prospect. There is value 1n ment systems work effectively. They see sects, as well as the images we have conjured diversity. Life systems are more durable what needs to be done for the country. up about them. when they are complex. Even if this were Fifth, we must assume that nothing is too First there is the category, "live stock." not so, there 1s an irreducible value in the big or complex for us to endeavor. This means a living form of human wealth richness and beauty of a complex world. of Establishing a positive wttitude lays the to be slaughtered or disposed of entirely for myriads of strange creatures. This mysteri groundwork for expanding ideas. Through the economic benefit of the human master. ous wealth will be lost forever if we con,tinue determination and hard work, anything can For centuries these animals have been bred to rationalize and simplify for short-term be accomplished. or the wry euphemison "domesticated"-for human purposes. Sixth, we must always be prepared for their humanly exploitable qualities, not for Some of us also see that the human per anything. If we faithfully follow steps one their intelligence or capacity to survive in spective on the world is not the ultimate through five, then we have achieved step six. dependently. perspective. We dimly sense that in an in After successfully completing this exercise Second, there are "the resources of the clusive vision each species has its worth and program for becoming informed citizens, the ocean," especially fish and whales. Here, too, its place. For us to annihilate it is a youth are ready to accept the challenges in creatures are viewed as sources of food and desecration. today's society. They must accept the other human needs. The chief problem is A new way of looking at animals must be · challenge of preserving democracy instituted whether international agreements can con part of a deeper and broader change in hu by yesterday's generation. They must accept trol both pollution and the increasingly effi man thinking. It is part of a shift from a the challenge of maintaining world peace cient forms of exploiting these resources so purely human ethic to an ecological one; fulfilled by today's generation. They must that they can survive for another generation. from concepts of economic and. population accept the challenge of striving toward Third, there is "game." This once sug growth to ideals of sta.bllity, h·armony, and technological advances to be accomplished gested a source of food, but now it means balance; from the prizing of conquest and by future generations. By determining to chiefiy "killing for sport." It once suggested mastery to the prizing of restraint and gen accept these challenges and by getting in matching wit and skill against dangerous erosity. We must learn to respect and enjoy volved in the workings of the community, competitors. Now the competition is primar ctltrerences rather than seek to make over the youth learn the value of law in their lives ily between individual hunters who want to others in our own image or relapse into an and can appreciate its service to the society. match their skills With ever more bizarre indlfferent relativism. Without this larger Young America, stand up and lead the way equipment. context a changed attitude toward living to establishing a better place in which God. Fourth, there are "predators." These are creatures would bear no practical fruit and and man can live t the species that feed upon game and occa would only heighten our suffering as we sionally upon livestock. Here the element of watch the juggernaut of "progress" run competition remains, but it is now a com roughshod over all. petition between survival of animal species But as part of a total change that is al and the pleasure and wealth of human be ready occurring among sensitive people, new THE RELATIONSHIP OF ANIMALS TO ings. Predators are trapped, poisoned, or views of animals can contribute to a new MAN hunted. down in planes. self-understanding, a new vision of reality, Fifth, there are "specimens." These may be a. new life style, a new economics, a new legal kept in zoos for the observation of curious system-to the new world, in short, apart HON. G. WILLIAM WHITEHURST humans or in laboratories for study, medical from. which we may not bequeath to our OF VIRGINIA experimentation, and dissection. descendants any world. at an. IN THE HOUSE OF REPRESENTATIVES Sixth, there are "vermin." These are the rodents or insects that are best able to sur Wednesday, May 8, 1974 vive alongside of us because of their rapid Mr. WHITEHURST. Mr. Speaker, a reproduction rate and ability to adjust in some cases even to urban environments. To THE OAKLAND TRIBUNE SPEAKS marvelous article on the relationship of ward vermin the human goal is extermina OUT ON THE TAPES AND MR. animals to man and how animals are re tion. NIXON garded by mankind appeared in the May Seventh, there are "pets." Here at last 6, 1974 edition of the Christian Science there is a contact between our species and. Monitor. It articulates seven categories others that allows a moment of tenderness. HON. JEROME R. WALDIE in this relationship and goes on to pose But this tenderness Is bought by the four OF CALIFORNIA important questions that need answers footed at the price of total dependence upon IN THE HOUSE OF REPRESENTATIVES humans. Further, as human population on what manner of stewardship man will presses upon the limits of food production, Wednesday, May 8, 1974 give wild animals based on his past rec pets Will be the first to go. ord. The author, John B. Cobb, says that In our situation none of these dominant Mr. WALDIE. Mr. Speaker, in the past man must begin regarding animals in a ways of understand.lng animals entails re few days there has been a literal torrent new fashion if the harmony and balance spect for their integrity or inherent value. of opinion regarding the decision of of nature is to be preserved. I insert the The relationship is determined by the rela President Nixon to not comply with the article at this point in the RECORD. The tion of the animals to us and the effect has demands for taped conversation that article follows: become ruthlessly and one-sidedly destruc took place in the White House made by tive. the House Judiciary Committee. MEN AND ANIMALS Fortunately, many people are reacting (John B. Cobb, Jr.) against this human arrogance in relation to It is no secret that I view the Presi For the first time, in the history of our other aspects of life. New images are ap dent's noncompliance as an act of con planet, one species-human-has secured its pearing. From the Orient we are learning tempt. I have been outspoken in my be foothold in our worldwide ecosystem by conceptions of our species as one part of a lief that the President must fully comply threatening the position of all its creature natural system that includes many other with the Judiciary Committee's subpena competitors. species in harmonious interaction. From our and that there is no constitutional right Animals can now survive only on our suf own tradition we are rediscovering St. for him to determine what the commit ferance. Francis' sense of brotherhood. with wolves tee may or may not review or to limit the Before our eyes the last wilderness areas and birds. Albert Schweitzer's message of are disappearing and. the ocean depths are reverence for all life has a new resonance. nature of the committee's inquiry in any being mapped for human exploitation. In We can be moved by the songs of whales and way, the entire evolutionary history of the globe watch movies that present apes and dolphins Apparently, Mr. Speaker, many around this dominance of the planet by a single form as equal or superior to ourselves. We begin the Nation and in my home State of ot life is unprecedented., not just in ecological to think that other species have claims upon California share that view. My mail and terms, but in moral and. spiritual terms as us, natural rights that we should learn to telephone messages, now in excess of well. respect. 1,000, are running approximately 10-to-1 Since man, the species in question, has Now that human beings hold the destiny against the President's decision to again won his way chiefly by intell1gence and. of the biosphere in their power, we are for refuse to turn over unedited tapes to the adaptab111ty, one has the right to hope that the first time required to ask what matrix committee. he will respond to this novel situation in of living forms is to be desired. We recognize novel ways. However, this must mean more that continuing our present policies must Mr. Speaker, the editor and publisher than just expanding game preserves and pro lead to a highly simplified biosphere in which of the Oakland Tribune, Joseph W. tecting wilderness areas. It must mean deep large animals only will survive, under con Knowland, summed up the feeling of fundamental change of attitude toward all trolled. conditions. Monocultures of hybrid. many Americans, including those who created. things. grains will replace the profusion of plants have supported the President over many This means we need. to understand. the of the past. Is this biologically simplified years, in a front page editorial on April depth of the change required. We need. to future what we want? 30, 1974. It is too bad the President has May 8, 1974 EXTENSIONS OF REMARKS 13833 decided to continue his long policy of question that we should provide the fund Another point, John W. Dean's testimony evasion and concealment of truth. ing required for school lunch programs, against Mitchell and Stans was not believed The editorial, in the form of a letter but it should go through regular con by the jurors. In effect, they said he did not tell the truth. But it was Dean, you will re to the President, follows: gressional channels. member, who made the original Watergate TRmUNE EDITORIAL Besides the procedural conflicts, the coverup charges against President Nixon and (By Joseph W. Knowland) legislation weakens the program sup who was the star witness before Ervin's Sen Dear Mr. President: ported by the diverted tariff receipts. ate Watergate Investigating Committee last Last night you offered an alternate solu Section 32 of the Agricultural Adjust summer. tion to the destructive confrontation being ment Act provides that 30 percent of the Dean has admitted to criminal actions threatened by Congress. import duties are set aside primarily to while on the White House staff. And yet this In an effort to appease the hungry politi promote production of perishable com is the kind of man who has influenced a cians seeking your hide, and yet to bare your modities by purchase of surpluses. The major political crisis in the nation and re soul honestly to the concerned public, you leased a virus which has infected men and offered us edited transcripts of selected pres practice of diverting these funds has encourages them to pass judgment on their idential tapes. weakened this fund by nearly two-thirds, fellow men based on hearsay. You need not prove to me your honesty, jeopardizing food production in the fu If there is a lesson in the Mitohell-Stans because I do not question it. I do not believe ture. Mr. Speaker if the Nation runs out trial (and we believe there is) then it is you had any pre-knowledge of the Watergate of food no amount of Federal relief is that we should all be careful in forming firm incident. going to help. Section 32 funds are essen convictions and prejudging without knowl But I do question your sin of omission tial in maintaining our production. edge of what we are saying. your failure to use the full power and re There is no question about Congress WHO'S NEXT? sponsibility of your office to reveal to us, the supporting school lunch funding. The The Watergate prosecutions have produced electorate, the truth as soon as it has be a strange backlash. It is fear-fear on the part come known to you. Congress has acted repeatedly to sup port school lunch programs from general of ordinary citizens that what is done to the Each time we have searched for the truth, bigwigs can all the more readily be done to you have created roadblocks-red tape-all funds and I would readily vote to do so small fry like themselves. When men like in the guise of "national security" cloaked again. But I could not vote in support of President Nixon, his former vice president, by presidential "confidentiality," as though this most recent measure which skirts when top attorneys like his assistants can be it were not in the best interest of the public conventional funding channels and hauled before committees, denounced and to let the public know the truth . . . a sort weakens America's agricultural produc ruined, before even a fair trial has taken of "ignorance-is-bliss" philosophy; or "what tion potential. place-what will happen to lesser individuals you don't know won't hurt you." who offend by any Job or title the powerful This presidential cloak of secrecy has re Democrats who do these things to them? sulted in pubUc suspicion, which in turn On a recent trip we talked to a taxl driver; has widened the credibi11ty gap; "What is he a restaurant owner; to a plumber; a woman hiding, and why? Is he tell1ng us only half- WATERGATE ISSUES truths?" · with a small business of her own-and all Mr. President, which is more important at voiced similar statements. The housewife this time in our country's history, when the said she had read in school about the French very pillars of our democracy are being HON. BARRY M. GOLDWATER, JR. Revolution, how after the takeover the gov shaken: OF CALIFORNIA ernment was run by Committees like the Watergate one and where both high and low The executive privilege of presidential con IN THE HOUSE OF REPRESENTATIVES fidentiality, or the American public's respect persons were brought to be "judged" and for and faith in the office of the President Wednesday, May 8, 1974 then sent to the guillotine. They didn't have a chance, she said, "and neither does any Re of the United States? Mr. GOLDWATER. Mr. Speaker, Ire Now is the time to reflect on our country's publican today." bistory as well as its future. cently received copies of two editorials The taxi driver said he had unusual Truth is the foundation of all knowledge; from the Daily Chronicle in Santa Paula, agony over his income tax. What if some local freedom, the birthright of all mankind. The Calif. I want to commend the publisher, "committee" of those liberals (we won't try search for truth and spirit of freedom-these Mr. C. E. Phillips, for helping to lend to reproduce the original language) could are the pillars of democracy. The suppression some perspective to the serious national haul him up and denounce him for some of truth and restriction of freedom-these problems we face today regarding the nickels he didn't report ten years ago? He'd are the seeds of anarchy. lose his license, be kicked out of the union, Watergate issue. his kids would starve. In short, Mr. President, I recommend that The editorials give attention to a side you release to Congress the unedited tapes The restaurant owner said he was going to relating to Watergate. of the issue that many people seem to get out of business. "It's a laugh," he said, Perhaps then the United States Congress want to ignore, and I present these for "that Kennedy, Erwin, and that bunch have will set this poUtical issue to rest and proceed my colleagues attention: got Nixon and his guys pegged for prison. to solve the more important problems facing LESSON FROM MrrCHELL-STANS TRIAL Morals? Character? Don't make me gag. Somebody ought to get up and say what they our country today, such as inflation and law Have we become a nation which has aban lessness. know about them others. They wanta get the doned the American human tradition that country back. Then watch out I They'll be a man is innocent until proven guilty? The after you an• me. I thought this was the land trial of John W. Mitchell and Maurice Stans of the fair trial-not no more !~what's goin' THE SCHOOL LUNCH VOTE is a case in point. on in Washington today is like in the USSR. Had a poll been taken during the trial I've had enough." with the question: "Do you think Mitchell · While many across the nation may be HON. GUNN McKAY and (or) Stans are guilty?" the majority thinking like those. we talked to, the ma would have said "yes". This view of public jority aren't so cynical. Nevertheless, the OF UTAH opinion is made on the strength of those Watergate prosecutions have produced a IN THE HOUSE OF REPRESENTATIVES who asked us, "How long will these men be strange backlash. Where it will lead 1s any· in jail?" When the answer was, "But they one's guess. Wednesday, May 8, 1974 haven't been found guilty yet", it was not Mr. McKAY. Mr. Speaker, the House what they wanted. voted on May 7 to provide funding for the In the American system of justice, 12 men school lunch program, and I found my and women sat in the jury box for 10 weeks H. I. MAJOR: A DEDICATED CIVIL listening to testimony and weighing the evi SERVANT self among the few who opposed the dence presented in great detail by govern measure. Mr. Speaker, like other oppon ment attorneys and the defense rebuttal of ents of this legislation, I did not oppose the charges in the indictments. The jury the intent of the bill; I doubt if there are unanimously found the two former cabinet HON. GARNER E. SHRIVER a dozen Members in the House who would officers "not guilty" on all 18 charges. OF KANSAS vote against a legitimate appropriation Shouldn't this verdict suggest to some con IN THE HOUSE OF REPRESENTATIVES gressmen and others 1n public life who have for the school lunch program. Wednesday, May 8, 1974 But this was not such a measure. This made up their minds and sound off on the Watergate affair that just maybe a man ·Mr. SHRIVER. Mr. Speaker, I wish to legislation funnels money from tariff isn't guilty until all the evidence is in and receipts which clearly were intended for impartially considered? Shouldn't this sug take this opportunity to pay tribute to another important purpose, bypassing gest to everyone that opinions have little Mr. Howard I. Major, district director of both the Appropriations Committee and value in justice unless backed up with all the Immigration and Naturalization the Agriculture Committee. There is no the facts and prejudice has been eliminated? Service in Kansas City, Mo., who will 13834 EXTENSIONS OF REMARKS May 8, 1974 conclude his Federal service on Friday, the small predominantly black parish, ad lence and spiritual quality of life that May 10, 1974. mits that it's not likely that the Pope would have exemplified the lifetime of the six come to St. Peter's. But he said it's the only Mr. Major will retire after nearly 39 church he has the authority to invite the American saints as nominated for this years of outstanding service within this Pont11f to. most blessed and spiritual beatification agency. A native Kansan, he entered on However, he said that 1f such a ceremony by the Holy See. duty in 1935 with Immigration and Nat were held 1n Sacred Heart Cathedral in uralization in a clerical position at Win nearby Newark, it would have "half a m1111on people 1n Branch Brook Park listening to nipeg, Manitoba. He has filled a number the ceremony over loudspeakers." The park of responsible positions within the serv is next to the cathedral. ice throughout his career. Mr. Major has Father McTague's main interest, however, POLITICAL ASYLUM served continuously as District Director is in promoting the canonization of the six: at Kansas City since May 16, 1960. Pierre Toussaint, Mother Elizabeth Se,ton, Mr. Major has been a dedicated civll Father Junipero Berra, Bishop John Neu servant who has performed his duties mann, Mother Katherine Drexel, Kater! HON. BILL GUNTER Tekekwitha and Sister Miriam Teresa Dem OF FLORIDA with efficiency, fairness, r..nd compassion. Janovich. He has been quick to respond in my ef Father McTague's list of candidates for IN THE HOUSE OF REPRESENTATIVES forts to assist constituents on immigra sainthood represents tlle diversity of Ameri Wednesday, May 8, 1974 tion and naturalization problems. can Ca.tholic culture. Pierre Toussaint, a black and a native of Mr. GUNTER. Mr. Speaker, my very I congratulate him on a job well done, good friend, Gwendolyn S. Cherry, who and wish for him continued happiness Haiti, died in New York in 1863 after years of working with orphans and helping needy is a State Representative from the 106th and good health in the years ahead. seminarians and missionaries there. District of Florida, sent to me a copy of Mother Elizabeth Bayley seton, a New York a memorial which was passed unani native and convert to Catholicism after her mously by the Florida House of Repre husband died, founded the Sisters of Charity sentatives. I believe it draws attention to in the U.S. at Emmitsburg, Md. She died A PROPOSAL OF SAINTHOOD FOR in 1821 and was beatifted-declared a very important subject, that being that SISTER MIRIAM TERESA DEM "blessed"-in 1963. a uniform policy for granting political JANOVICH OF NEW JERSEY DUR Father Junipero Berra, an early Spanish asylum in the United States is needed. ING AMERICA'S BICENTENNIAL missionary to North America, died 1n 1784 Mrs. Cherry, who serves her constitu OBSERVANCE after founding the major Franciscan mis ents in Miami very well, was the author sions in California. of this memorial resolution and I com Blessed John Nepomucene Neumann was mend it to my colleagues for their con a native of Bohemia and fourth bishop of sideration and their action by this body: HON. ROBERT A. ROE Philadelphia (1852-1860). In 1963 he became OF NEW JERSEY the first American bishop to be beatifted. MEMORIAL RESOLUTION IN THE HOUSE OF REPRESENTATIVES Mother Katherine Drexel, a Philadelphia A memorial to the Congress of the United native, founded the Sisters of the Blessed States requesting the institution of a uni Wednesday, May 8, 1974 Sacrament to minister to American blacks form policy With regard to the granting of Mr. ROE. Mr. Speaker, at the re and Indians. She died in 1956 at the age political asylum. quest of the Honorable John C. Sciranka, of 96. Whereas, the United States of America has distinguished editor of New Jersey's Kateri Tekakvitha was martyred in 1680 at long been a home for persons of all nations, the' age of 24. Born in New York, she 1s the of all colors, of all creeds, and of all politi highly prestigious Slovak news publica first North American Indian candidate for cal persuasions, and tion of the Slovak Catholic Sokol, the canonization. Whereas, this fact has for generations ap Falcon, I am pleased to call to the at Sister Miriam Teresa Demjanovich ( 1901- plied particularly to those persons suffering tention of you and our colleagues here 1927) was born in Bayonne, N.J., of Byzan persecution in their homeland for their be in the Congress a specially featured tine-Ruthenian Rite parents, but she lived liefs, both philosophical and political, and news item of worldwide spiritual sig the later part of her life in a Latin-rite parish Whereas, the "Golden Door" of America has nificance relating to the proposal of a and died as a member of the Latin-rite liberally granted a protective political asylum New Jersey priest, Father Charles Mc Sisters of Charity. Proponents of her cause to those persons who are, in words carved Tague, submitted to Pope Paul for the consider her a tangible link uniting Catholics into our own Statute of Liberty, "yearning of all rites in a strong bond of charity. to breathe free", and canonization of six American saints dur In his telegram to Pope Paul, Father Mc ing America's Bicentennial Observance Whereas, the granting of political asylum, Tague said the list of candidates for saint however, has often suffered from arbitrary in 1976. hood would "represent north, east, south standards applied in an irrational and dis Members of my district and the State and west, Anglo-Saxon, Germanic, Spanish, criminatory manner, and of New Jersey are particularly proud Slavic and Negro. Whereas, this fact has caused concern and of the nomination of Sister Miriam "We suggest Pierre Toussaint to repre frustration, both on the part of friends of Teresa Demjanovich who was born in sent the blacks," he said. "It was a teacher our nation in other lands and on the part of New Jersey in 1901 and died 47 years and student of this parish who discovered his residents and citizens of the United States grave." who have loved ones and friends remalning ago on May 8, 1927, at the young age of The "teacher and student" is Father Mc 26 years. It is indeed my privilege and Tague himself, who found the neglected in foreign lands, and honor to join in a special salute to her gravesite in old St. Patrick's churchyard on Whereas, a uniform policy establishing Mot St. in New York when he was a seminar standard criteria for the granting of political today on the anr.Uversary of her death. asylum would significantly ease thls problem The news article that appears in the ian 1n 1940. Even since he has promoted the cause of the Haitian slave turned benefactor and help America retain its reputation as a Falcon is as follows: of the New York's poor. home for the persecuted of the world, now, NEW JERSEY PRIES'l' AsKS POPE FOR SIX AMER· therefore, be it ICAN SAIN'l'S INCLUDING SIS'l'ER MmlAM • • • Resolved, by the Legislature of the State TERESA DEMJANOVICH Editor John C. Sciranka thanked Father of Florida: The following outstanding story was re McTague for this noble gesture and assured That the Congress of the United States is leased by N.C.W.O. News Service from Wash him of our continued cooperation for the respectfully requested to institute a uniform ington, D.C.: realization of this sacred cause. May 8 is the policy and to establish uniform standards A priest from Montclair, N.J., has proposed 47th anniversary of her blessed death. Please With regard to the granting of political asy remember her cause in your prayers. that Pope Paul VI canonize "at least six lum. Be it further North American saints" during the 1976 Her parents were born in Bardejov, observance of the United States bicentennial. Slovakia. Resolved, That copies of this memorial be And in a telegram to the Pope-copies of dispatched to the President of the United which have gone to all the bishops of the Mr. Speaker, I appreciate the oppor States, to the President of the United States country-he invited the Pope to come to tunity to seek this national recognition senate, to the Speaker of the United States St. Peter Claver Church, Montclair, N.J., to of Father McTague's noble efforts and House of Representatives, and to each mem· elevate the six to sainthood. know you will want to join with me in ber of the Florida delegation to the United Father Charles McTague. administrator of commemorating the standards of excel- States Congress. May 8, 1974 EXTENSIONS OF REMARKS 13835 DANIELS HAILS AMERICANIZATION Do you know what I see when I see Old try, have not given up. They remain DAY PARADE IN JERSEY CITY, N.J. Glory? Do you know what I see when I see the committted to a free society. All the Stars and Stripes? politics of economic manipulation have I see George Washington crossing the Dela- not changed the vast majority of them. ware. I see the Rough Riders on San Juan Hlll. During the years of rising taxes and HON. DOMINICK V. DANIELS I see Lincoln giving his Gettysburg Address. rising debt we have heard the supposed OF NEW JERSEY I see the Doughboys in Verdun and Ar- economic experts extol the virtues of us IN THE HOUSE OF REPRESENTATIVES gonne. ing the taxing power and the money sup I see the Marines on Iwo Jima. ply to counter what would be the natural Wednesday, May 8, 1974 I see the GI's on the Hills and fields and workings of the economy and assure, Mr. DOMINICK V. DANIELS. Mr. jungles of Korea and Vietnam. as they say, continuing prosperity. But Speaker, there is no greater day each And because I can see all of this, I can look I ask if this kind of patch-work program out on this field today and I can stm see and year in Jersey City than the annual salute the Star Spangled Banner! can succeed in the long run. I think we Americanization Day Parade sponsored Thank you and God bless you. are now facing the results of it in ana jointly by the city of Jersey City and the tion more endangered than ever before Clinton E. Fisk Post No. 132 of the Veter by inflation, more burdened with debt ans of Foreign Wars. than all the rest of the world combined, For many years I have attended their A SUBSTANTIAL TAX CUT FAVORED and with an economic future so clouded observance at Jersey City's Pershing that no economist can forecast for cer Field and I am proud to take a small part tain what lies ahead, even for the balance in the ceremonies as the Congressman HON. JOSEPH M. GAYDOS of this year. representing Hudson County's largest OF PENNSYLVANIA Perhaps the greatest lesson to be city. learned by this generation is that the It is traditional for Jersey City and IN THE HOUSE OF REPRESENTATIVES basic laws of economics on supply and Hudson County officialdom to turn out on Wednesday, May 8, 1974 demand, interest rates, and productivity Americanization Day and this year the Mr. GAYDOS. Mr. Speaker, I favor cannot be tampe:t:ed with for long. Nor event was graced with the presence of Dr. the "substantial" tax cut proposed by can they be suspended or curtailed. We Paul T. Jordan, Jersey City's chief exe several other Members of this House and can only postpone the fury from violating cutive who served as grand marshal and of the Senate to help the American them. But we sometime must pay the other notables. people who are hard hit by spiraling piper. Such a time may now be upon us, Mr. Speaker, the main speaker this inflation. a time demanding action by this Con year was the Department Commander of I favor this cut not only for the reason gress in defiance, if necessary, of all the the New Jersey Veterans of Foreign given but also in the belief that this Gov administration's excuses and rationales Wars, Donald L. Scott. His remarks were ernment for far too long a time has been for keeping the tax burden unchanged. so much on point that I insert them at preying on the earnings and savings of I agree completely with Senators the conclusion of my statement for the the public. MANSFIELD, KENNEDY, and MONDALE and edification of my distinguished col Taxes are too high now. They have the others in Congress who are pushing leagues. been too high for years. And the effects for substantial tax reductions. Taxes Commander Scott's speech follows: on the economic well-being of the people need not be cut to stimulate the ailing CoMMANDER ScoTT's SPEECH have been evident for all thinking per economy. They need to be cut also in the It is indeed my pleasure to be here in Jer sons to see. Inflation has been with us for interest of getting us back to that free sey City with all you people who have turned a decade. Now it threatens to run wild. society which was once our pride and out today to help us celebrate the 43rd An Not only does inflation menace the under whose concepts our nation grew nual Loyalty Day-Americanism Day Parade. Nation, but the soaring Federal debt has to unrivaled greatness. We need to cut Loyalty day ... just what do these two words come to hang as a cloud over the lives of taxes, and we need to reduce Government mean? .. Loyalty Day ... a day we proclaim spending-to eliminate the scandalous our loyalty to our country. A day we rededi generations yet unborn. It is not scare cate our love for a nation. A nation which talk to say that, unless something is done waste which is contained in the current believes in the freedom of speech, the free soon, the free and progressive American budget and which has been the condi dom of religion. the freedom of the press, and society may collapse in time under the tion here in Washington for too long. the freedom from want and fear. load of its economic irresponsibilities. One must wonder with all of this going for I have been for a sizable tax reduction us, why would anyone wa.nt to tear it down since I entered Congress back in 1969. or destroy it? THE 26TH ANNIVERSARY OF Oh, we are not perfect. We have our prob Indeed, tax relief was one of the issues lems. We have areas for improvement in local, upon which I first campaigned in my ISRAEL'S INDEPENDENCE state and national government. But in spite heavily industrialized district. I can as of these faults, this is still the greatest sure you that the vast majority of the democracy God has ever let be created. working people and most of the small HON. MARIO BIAGGI Many of your friends and relatives fought and large business interests in my sec OF NEW YORK for what we have today and yes, many died for it. Some of them believed in its worth tion of the country are united on the IN THE HOUSE OF REPRESENTATIVES long before our time. In fact, almost 200 need for lower taxes. Wednesday, May 8, 1974 years ago. In two more years we wUl celebrate It ought to be asked repeatedly where our 200th Anniversary. To survive this long this Government received the authority Mr. BIAGGI. Mr. Speaker, it is my has taken many wars and conflicts and lives to take money from the people which 1s pleasure to join with millions of Jews and suffering. But we must be doing some not essential to the conduct of internal both in the United States and through thing right. affairs and the national security of the out the world in celebrating the 26th In 1917 William Tyler Page wrote the country. I am amazed at times when I anniversary of the creation of the nation "American Creed" ... and I belleve it sort of of Israel. It is a tribute to the untiring sums up our appearance here today. consider how blissfully we have come to speak of taxes as an economic regulator efforts of the Israeli people that they THE AMERICAN CREED and not in accordance with their con have been able to survive these 26 tu I believe in the United States of America multuous years as a free state. as a Government of the people, by the people, stitutional purposes. 1or the people, whose just powers are derived Have we become, without fully realiz Yet as we celebrate this important from the consent of the governed: A ing it, a socialistic, planned-economy na event, it is tarnished somewhat by the Democracy in a Republic; a sovereign nation tion? If so, then we should admit as continued unrest which continues to pre of many sovereign states; a perfect union, one much to our constituents and cease our vail in the Middle Eastern sector of the and inseparable, established upon those pretensions about free enterprise and, world. In fact, for the quarter century principles of freedom, equality, justice, and indeed, freedom itself and instead pro in which Israel has been a free state, humanity for whioh American patriots sacri she has been forced to fend off constant ficed. their lives and fortunes. I therefore be claim the standards of a regimented, lieve it is my duty to my country to love it; tax-controlled state. However, I do not threats to her security, including two to support its constitution; to obey its laws; think we have come this far yet and for major wars fought on her soil, against to respect its flag; a.nd to defend it against all one good reason. The people, who still her stronger Arab neighbors. enemies. hold the basic sovereignty of this coun- Despite these adversities, Israel CXX--872-Part 10 13836 EXTENSIONS OF REMARKS May 8, 1974 through a sense of solidarity and perse Paris said lettuce, tomatoes and potatoes taken a very forthright stance on this verance among her people has developed will show the greatest increases, but corn also very vital domestic issue. into a strong, and vibrant nation. There Will be more expensive. As the national organization of physi are many whose genius and dedication "I think salads wlll be the highest, Boston lettuce, chicory and escarole," he said. cians and dentists in all forms of group has contributed to the present day State "Tomatoes wm be more than 29 cents a practice, the American Association of of Israel. No one man played a more iil pound and they could go as high as 39 and Medical Clinics is well known as a dy .. fiuential role in the creation and early 49 cents a pound. Last summer they were 28 namic leader in the health care field. development of Israel than David Ben cents. Long recognized as a prestigious or Gurion, whose death this year plunged "Boston lettuce wlll be about 39 cents a ganization of high professional stand Israel and the world into mourning. head retail. It was 29 cents a head last year. ards, the American Association of Medi As we take this opportunity to com Corn, I have a feeling will be higher than $1 a dozen. It could be close to $2 a dozen at cal Clinics has been innovative in im memorate this occasion, let us renew our the beginning of the season. Last year lt proving the delivery of ambUlatory health efforts at finding the just and viable averaged between 79 and 89 cents a dozen,'' care to the American public for over a peace which has eluded Israel for so long. Paris said. quarter century. The brave people of Israel have worked He also predicted that as California po Its membership includes groups rang hard and long toward the common goal tatoes become available they will sell for from 25 to 30 cents a pound. He said the only ing from the large multiple specialty re of developing the nation into a respecta ferral centers with involvement in re ble world power. Yet they are now weary time he could see any easing in potato prices will be in September when local farmers and search and education to the smaller of the bloodshed and anguish which has Maine farmers begin getting in their crops. multiple and single specialty groups or tormented them, and threatened the se "For what you get, fresh vegetables will iented toward providing quality health curity of their beloved nation. still be a good buy," he said. "There will be care to their communities. These include Israel's second generation of citizens times when supply will exceed the demand, groups whose practice is on a fee-for are emerging today ready to contribute and prices will be low. People should buy service basis, those who provide care on to the continuing growth of Israel. Let them then and put them up-in jars or freeze us fervently hope that theirs can be a them," he said. a totally prepaid basis and groups with a generation of peace. There is no greater Paris said the main thing is supply and combination of the two payment mecha demand. He said the fuel emergency a.lso 1s nism. challenge before us. involved, and it may cause more people to For the benefit of my colleagues, I stay home this summer. would like the American Association of "If they stay home, there will be more Medical Clinics statement included in the cookouts with more salads, and this could RECORD: HOW DOES YOUR GARDEN GROW? cause the demand to continue high and the prices too," he said. AMERICAN AsSOCIATION OF MEDICAL CLINICS Paris also said the production of beans POSITION STATEMENT ON NATIONAL HEALTH HON. JAMES A. BURKE and peas is about the same as last year, INSURANCE OF ~ASSAC~SETTB which means the prices will be about the PREAMBLE IN THE HOUSE OF REPRESENTATIVES same. He said if the weather remains all right The American Association of Medical the consumer won't be paying much more Clinics believes that every American has a Wednesday, May 8, 1974 for cucumbers, yellow squash and zucchini. rlght to quality health care. This care should Cassidy said most of the damage to the be available, accessible and acceptable. We Mr. BURKE of Massachusetts. Mr. apples was in the Nashoba Va.lley on May 1 believe that everyone, regardless of financial Speaker, may I take this opportunity to and last Sunday. resources, should have the ability to obtain bring to the attention of the U.S. Con "We've come to the conclusion that we're the full range of needed health services at gress a prediction of sharp vegetable talking about a one million bushel crop loss," reasonable prices. price hikes this summer from Mr. Guy Cassidy said. "That's about a third of the The AAMC believes very strongly in main Paris, assistant director of markets for crop, as we see it now. That translates to $3 taining the free enterprise system-freedom the Massachusetts State Department of million or $4 million to the farmer. for the practitioner to choose the mode in Agriculture. This bad news is springing "Delicious apples look extremely hard hit," which he will practice and freedom for the he said. "There's not much damage done to patient to choose the manner in which he up all over the country in addition to the the Mackintosh. We've lost a good percent wants his health care provided and by whom. prediction that this Nation can be fac age of our Delicious apples in Middlesex and These principles can best be met by main ing real food shortages in the years Worcester counties." taining control of the health care dellvery ahead. What is the U.S. Department of Cassidy said the apples were in a delicate system in the private sector with appropriate Agriculture doing? The answer is very bud stage when the frost hit and they were input from providers, payors and the public. little. The American people are away about two weeks ahead of normal because of We feel that a cooperative alliance among ahead of them. the hot weather last month. providers, payors, government and the publlc The need for this Nation to provide "Pollination is another factor that is wor ls the best means for quality assurance and rying me," he said. "Bees will not work in cost containment in the health care delivery seeds upon the request of Americans this type of cold, cloudy weather. They need system. throughout the country can be brought warm, sunny days." Furthermore, the AAMC feels strongly that about by legislation I filed. A bill that Cassidy said the state's apple crop is worth group practice is the more efficient and ef was heard yesterday by the Subcommit about $10 million annually, but the depart fective means of delivering health care. Its tee on Agriculture, headed by its distin ment will not be able to assess the exact ex cost containment incentives coupled wt.th guished chairman the Honorable JosEPH tent of the crop loss until the small apples quality controllnltlatlves must be recognized VIGORITO appear on the trees in early June. in the health care marketplace. of Pennsylvania. The need for Accordingly, the AAMC supports the in this legislation is now. Let us return clusion of the following basic principles into America to the soil, let us fight high any National Health Insurance Program. prices, let us keep America healthy by producing good healthy nutritious food. ADMINISTRATION GROUP PRACTICE TAKES POSITION We feel that any National Health Insur Let us promote the general welfare, ON NATIONAL HEALTH INSURANCE ance Program should be administered particularly as it applies to the young through a Cabinet Level Department of people in our urban areas. Let the slogan Health. This level of authority and respon be "How Does Your Garden Grow?" HON. WILLIAM R. ROY sibility is essential to deal effectively with the myriad health problems in this country. We I include an article that appeared in OF KANSAS the Boston Herald American today: support a National Health Advisory Council IN THE HOUSE OF REPRESENTATIVES in the White House to set overall policy and SHARP VEGETABLE PRICE HIKES SEEN guidelines for program operation. A prediction that the price of fresh vege Wednesday, May 8, 1974 Day-to-day administration of any National tables will probably be up from 15 to so per Mr. ROY. Mr. SpeaKer, I recently Health Insurance Program should be carried cent in Massachusetts this summer was made received the position statement of the out at the State level. Local and regional yesterday by Guy Paris, assistant director of American Association of Medical Clinics differences require local decision-making markets for the state Agriculture Dept. machinery for effective and relevant admin James Cassidy, chief market investigator of on national health insurance. When I istration. the department, had more bad news for the read it I was pleased to learn that this We feel that both regulatory and policy consumer when he reported about one-third organization of physicians and dentists making bodies s}lould consist of a majority of the state's apple crop may have been lost in group practice with whom I have been of persons whose principal professional ac because of frost. working closely for some time now has tivity 1s in the health care field. Consumer May 8, 1974 EXTENSIONS OF REMARKS 13837 representation is appropriate at all levels in ginning with provisions for immediate Na ty and bad judgment of John Dean, John an advisory capacity. tional Health Insurance coverage for Medi Ehrlichman and H. R. Haldeman. They kept We support State and local regulation of care, Medicaid and Maternal and Child Care their knowledge from the President. private health insurance carriers to include beneficiaries. We also support the ultimate Did Mr. Nixon act wisely and responsibly mandated uniform benefit packages estab phasing-in of all other Governmental health once he heard the story? The answer is yes lished by National guidelines. programs such as CHAMPUS, Veterans Ad and no. He acted humanly. BENEFrr PACKAGE ministration, Federal Employees Health Ben Let me dwell on this last point especially. efits Program, and Indian Health Service The President's critics are stuffed like sau We support the concept that any National into a comprehensive and uniform health sages with wisdom, virtue, and morality. For Health Insurance Program should include the past week they have been clucking and both basic and catastrophic benefits. insurance system. We feel strongly that any National Health sighing. The basic benefits should include at least: Mr. Nixon, they say,.did not react instantly (a) full hospitalization coverage for physical Insurance Program should include appropri ate incentives for the use of ambulatory care with public cries of shame and remon illness and injury with appropriate ut1l1za strance; the President did not leap from the tion control; (b) all physician services, and preventive health services in lieu of more expensive individual institutional serv Oval Office and cry for guards to haul his wherever rendered, subject to appropriate aides away in chains. The President re peer and utUization review; (c) out-patient ices consistent with the medical needs of the pa.tient. sisted-and stlll resists-full disclosure of his prescription drugs with moderate patient words and acts. · cost-sharing; (d) mental health care with Incentives should also be provided to en basic in-hospital treatment and some pro courage better distribution of services to Very well. Let me suggest an analogy from vision for post-institutional management; medically underserved areas, and to foster everyday life. The parents of a 16-year-old (e) extended non-acute institutional care the development of alternatives designed to girl suspect something is wrong. They are upon order of a physician without the re improve access, cost and quality, and achieve concerned and anxious, but no one likes un quirement o! a prior hospital stay; (f) home a better system of organization for more pleasantness. They avoid direct confronta health care on physician prescription, sub efficient delivery. tion. Then one day in March she faces them :: Ject to appropriate utllization controls; (g) Mr. Speaker, I personally wish the "You have to know," she says, "I'm preg preventive services to include preventive American Association of Medical Clinics nant." dental care for children up to age 12 years every success in their endeavors and look To listen to the sa usage moralists, you with appropriate phasing-in of other dental would suppose that the girl's parents should forward to my continued working rela react with instant sermons on chastity; they care for all ages, well-child care up to age tionship with them. six years and eye exams by physicians or should cry reproaches; they should hurl her optometrists; {h) family planning; (i) pe into the street. riodic health testing, when ordered by a This is not the way the world is. The prob physician; (j) necessary rehabilitation serv abilities are 99 in 100 that the girl's parents Ices; and (k) patient education services THE QUESTIONS ANSWERED would respond with questions. They would when ordered by a physician. try to think what to do next. They would Catastrophic benefits should supplement discuss options: Forced marriage? Abortion? the basic program so that no individual or HON. DAN KUYKENDALL Have the child in secret? It might be a long family is subjected to the possib1Uty of fi OF TENNESSEE while before someone said o! abortion, "but nancial ruin due to illness or injury. IN 'l'HE HOUSE OF REPRESENTATIVES that would be wrong." They would be concerned with salvaging ELIGmiLrrY Wednesday, May 8, 1974 Any National Health Insurance Program whatever might be salvaged of their daugh should be universal in coverage by providing Mr. KUYKENDALL. Mr. Speaker, col ter's reputation and future. The girl's father the opportunity for equal participation by umnist James J. Kilpatrick in the Wash might keep saying, "I am just trying to think ... I want to get all of this in my mind all persons, regardless of age, economic or ington Star-News of today, addresses if I can." health status. himself to some of the vital questions of Persons classed as categorically poor The transcripts are enormously, painfully should be fully subsidized. Partial subsidies the ongoing Watergate controversy and embarrassing to the President. They provide should be provided !or the medically indi comes up with answers that ought to be an opportunity for his critics in polltics and gent, decreasing as the ab111ty to pay in of interest to any thinking person. the media to pluck him like a live chicken. creases. Persons with high health risks I compliment Mr. Kilpatrick and com He says and does things that are less than should be covered through a "pool insurance mend this column to your attention: admirable. Bvery deletion-and there are arrangement" with partial subsidy from gen many deletions-is certain to provoke new THE QUESTIONS ANSWERED suspicions. eral tax revenues, if necessary. (By James J. Kilpatrick) FINANCING One is reminded, ironically, of poor old Job, When it was announced a week ago that who was scorned by his friends and smitten We believe that funding for National the White House would release transcripts by his enemies. "How long wlll ye vex my Health Insurance should come !rom two of certain presidential tapes, I voiced a sure soul," he asked, "and break me in pieces with sources-mandatory employer-employee con prediction: Someone is going to say, "The words?" Job was convinced he had acted tributions and general tax funds. transcripts raise more questions than they rightly, and that the record would show it· Employer and employee contributions answer." "Oh that my words were now written! Oh should be the primary means of purchas Sure enough, the next voice on the tele that they were printed in a book!" ing qualified private health insurance cover vision screen was the voice of Carl Stern Well, Mr. Nixon's book is now written not age for the majority of the population. of NBC. He was saying, "The transcripts raise General tax revenues should be administered by his adversaries but by himself, and my more questions than they answer." Non own impression is that he emerges from its through a separate National Health Insur sense. The transcripts do raise certain new pages in pretty good shape. ance trust fund for the payment of health questions, having to do with the transcripts insurance premiums on behalf of the poor themselves, but this monumental publication and the medically indigent. answers more Watergate questions than most Reimbursement to all providers, institu Americans will ever want to ask. tions and practitioners, should be on the What were the big questions? Let me SANFORD MASSIEN TO RECEIVE basis of assured payment. Institutional pay grapple with two or three. B'NAI BRITH "MAN OF THE YEAR" ment should be on the basis of prospective Did the President know 1n advance about AWARD budgets. Practitioner fees should be deter the bugging and burglary of Democratic na mined by the "usual-customary-reasonable" tional headquarters? The answer is, he did method with peer review at the local level. not know. In the whole of these 1,308 pages HON. THOMAS M. REES A system of co-payments should be utilized there is not a line, a hint, or a breath of a in order to contain program costs and as a suggestion of any such foreknowledge. OF CALIFORNIA means to preclude overutiliza:tion of services. Did Mr. Nixon know of the ensuing cover IN THE HOUSE OF' REPRESENTATIVES QUALITY CONTROL up? He did not know. By early March of Wednesday, May 8, 1974 National guidelines on health care services 1973 he had inkllngs, but it was not until may be appropriate; however, we feel that 10:12 o'clock on the morning of March 21 Mr. REES. Mr. Speaker, it is with they should be used only as guidelines. that he began to get the whole story. great pleasure that I take this oppor Standards of care !or use in peer review and Do the transcripts tell us how and why tunity to pay tribute to one of my con quality assurance should be established and Watergate happened? Yes, they do. This stituents. On June 1, 1974, Sanford Mas administered at the local level by physicians wretched business happened because Gordon sien will receive the 1973 B'nai Brith and other health care providers. Liddy was strong and persistent; because John Mitchell was weak and preoccupied; be "Man of the Year'' award. It is a fitting MODIFXCATION OF CURRENT HEALTH DBLrvt!:RY cause Charles Colson was vain and pre tribute for a man whose whole career has SYSTEM sumptuous; because Jeb Magruder was been dedicated to the welfare of others. We support the inclusion of all current obedient and inexperienced. The subsequent Sanford Massien, born 1n Cleveland Governmental health insurance programs be- coverup resulted out of the misguided loyal- Ohio, in 1921, received his formal educa;
l .I L u ! I r ' 13838 EXTENSIONS OF REMARKS May 8, 1974 tion in Los Angeles. After completing his resting place provided by the country they that a proud and loyal segment of Amer tour of duty with the U.S. Navy, and be so selflessly defended, and ican society wants to preserve for itself, ing honorably discharged, Mr. Massien Whereas, it is proper for the state to par its children and to share with all Amer became a hospital administrator, having ticipate in the selection of a location for a veterans' cemetery, Now, therefore, be it icans. become familiar with hospital adminis Resolved by the Legislature of the State In a country which was founded under tration at the U.S. Naval Hospital Corps of Florida: God and looks to God for guidance and School. While in the Navy, Mr. Massien It is the intent of the legislature to pro inspiration, the National Shrine of Our met and later married his lovely wife vide for, encourage, and promote the wel Lady of Czestochowa is proof that the Sandy. They have two children, Jeff and fare and dignity of veterans. In this regard religious freedoms which our Pilgrim Bonnie. • the United States Congress and the Veterans Fathers sought and established are still In addition to a long and outstanding Administration are requested to provide alive and flourishing today. a:ffiliation with the B'nai Brith, Mr. Mas cemetEn"ies for military veterans to be located in central and south Florida; be it further The Very Reverend Michael M. Zem sien is a former president of a City of Resolved, That a copy of this memorial brzuski, O.S.P., who is 65 years old, cele Hope Chapter, Beverly Drivers, a mem shall be spread upon the journals of the brated his 40th annivesary as a priest ber of the Friars Club, a member of the House of Representatives and Senate of the and his 40th anniversary of service to Attorney General's Advisory Council, a State of Florida and copies shall be for people of all faiths on March 30, 1974. recipient of the B'nai Brith Akiba Award, warded to the President of the United Mr. Speaker, it is most appropriate and one of the founders of the Physicians States, the President of the United States with Polish Constitution Day a recent Support Group of the Medical School of Senate, the Speaker of the United States memory that we recognize Father Zem the Technion Institute in Israel. In 1968, House of Representatives, and to each mem brzuski's great contribution to the fabric Mr. Massien also received a nomination ber of the Florida delegation to the United of American culture and heritage. to the American College of Hospital Ad States Congress. ministrators. As a member of the Hollywood Wil shire Lodge 11-11 B'nai B'rith for the REV. MICHAEL ZEMBRZUSKI AND A TRffiUTE IN MEMORIAM TO past 27 years, Mr. Massien has personi THE SHRINE OF OUR LADY OF PATROLMAN GEORGE A. FREES fied the high standards set by this group. His laudable record is ample proof of a CZESTOCHOWA career of service to the community and HON. JAMES R. GROVER, JR. his fellow man. Sanford Massien will re HON. EDWARD G. RIESTER, JR. OF NEW YORK <:eive the "Man of the Year" award for OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES 1973, but it is indicative of his many IN THE HOUSE OF REPRESENTATIVES years of dedication and work for the wel Wednesday, May 8, 1974 Wednesday, May 8, 1974 fare of others. Mr. GROVER. Mr. Speaker, the House Mr. BmSTER. Mr. Speaker, I would of Representatives last week passed leg like to call the attention of our col islation which acknowledges the cour leagues to the Very Reverend Michael M. ageous and faithful service of our men in .FLORIDA LEGISLATURE CALLS ON Zembrzuski-a man who came to the CONGRESS blue by providing survivors' benefits United States in 1951 with $36 in his where a policeman's life is lost in the line pocket and a dream. of duty. The dream was to inspire the Polish This legislation was long overdue and HON. C. W. BILL YOUNG American community of the United although his survivors may not benefit OF FLORIDA States to build an American Jasna Gora, from it, it was my memory of the tragic :IN THE HOUSE OF REPRESENTATIVES a sister to the Shrine of J asna Gora lo loss of the George A. Frees family that Wednesday, May 8, .,974 cated in the city of Czestochowa, Poland. impelled me to support the legislation For centuries, the shrine has been the with enthusiasm. Mr. YOUNG of Florida. Mr. Speaker, spiritual capitol of the Polish people and ·one of the long-standing veterans prob This week, hundreds of people will lems facing the Congress has been the the Polish Nation. gather at the Colonie Hill in Hauppauge, The Shrine of Jasna Gora in Poland L.I., New York, to do homage to the first need to provide for additional national has always been an inspiration to the of Suffolk County's 1,000 man police de cemeteries so that the current severe Polish people, the overwhelming major shortage of space is alleviated. Last year partment to give his life in performance we passed the National Cemeteries Act, ity of whom are devout Roman Catholics. of his duty. transferring responsibility for all na In 1966 a miracle occurred in the Mr. Speaker, I submit for the RECORD tional cemeteries from the Department United States that received national and the comments of Chic Pizzurro, president international attention and acclaim. of the Patrolman George A. Frees Me of Defense to the Veterans Administra A large segment of the Polish-Amer tion and directing the VA to submit a morial Fund: report to the Congress on the develop ican community in the United States had A TRIBUTE IN MEMORrAM TO PATROLMAN ment of the new National Cemetery rallied around the Reverend Michael GEORGE A. FREES Zembrzuski with money and support. On On a cold drab day, April 6, 1971, a call System. October 16, 1966, the American Jasna was put in about a disturbance in Am1tyv1lle. The need for new national cemeteries Gont-the National Shrine of Our Lady A patrol car with two pollee officers an in Florida has long been critical, and of Czestochowa--was dedicated as the swered the call. They were Ptl. George A. I have introduced legislation to provide Shrine of Poland's Millennium of Chris Frees and Ptl. W1lliam Staub. for national cemeteries in the central tianity-966 to 1966-and as a monument When they approached. the driveway a west coast area. As further evidence of to Christianity on the free soil of Amer shotgun blast went through the windshield the continued importance of this need, I and hit Ftl. Frees in the neck kUling him ica by John Cardinal Krol, in the pres instantly. A second shot was fired wounding have just received a copy of House Me ence of the President of the United Ptl. Staub and in spite of his wound he called morial No. 2277, approved by the Florida States, Lyndon Johnson, and more than for assistance. The cars responding were then Legislature during its regular session 135,000 people. also fired upon. 1974, requesting the U.S. Congress and This event served to reinforce and re Ptl. George A. Frees died in the line of the Veterans Administration to provide affirm the traditional links between the duty, becoming the first patrol officer in cemeteries for veterans in central and Suffolk County to be sla.in 1n the twelve years Polish and American people which have of its existence. south Florida. The text of the memorial existed since the days of George Wash follows: The citizens of Suffolk County joined to ington and the American Revolution. gether to assist with the problems of Mrs. HoUSE MEMORIAL No. 2277 Annually more than 600,000 people Frees and her three chUdren. With the help (A memorial requesting the United States come to Doylestown, Pa., to visit the of the news media, and the radio stations, a Congress and the Veterans Administration shrine-to pray and to enjoy or partici memorial fund was created to aid not only to provide cemeteries for veterans in cen the Frees famUy but all the widows and tral and south Florida) pate in a full calendar of religious, civic, children of other police officers who are slam Whereas, the people of Florida sincerely cultural, and ecumenical events. The or permanently disabled in the line of duty. appreciate the sacrlftces of Florida veterans shrine is a place for spiritual fulf:lllment One can see that whenever a dreadful in times of war and peace, and and human renewment, but it is also a event like thls takes place, citizens from all Whereas, veterans are entitled to a final repository of Polish culture and tradition walks of life rally and help in the splrit and May 8, 1974 EXTENSIONS OF REMARKS 13839 the good nature that we Americans seem forward to owning their own home has of the individuals involved in a. particular to possess. gone a-glimmering. And this is now the case. The Patrolman George A. Frees Memorial case in many places. These rules, no less than the law itself Fund 1s unique because it 1s the first of its or the Constitution, ca.nn
THE CRISIS OF FEAST TO FAMINE: WE'RE RUNNING OUT OF WHEAT I Hard Red Spring-Used in rolls and also as WILL BREADLINES REPLACE THE The U.S. is running out of wheat! Impos a bread wheat blend. GASLINES? AMERICA'S BAKERS sible I We produce three times more wheat Here is the USDA's latest supply projec- than we consume. But here are the USDA's tion for each class: ANALYZE THE WHEAT SUPPLY Hard Red Winter 1______-23.0 SITUATION own figures through February 3, 1974. Read Soft Red Winter______'em and weep American consumers- 6.3 9.2 U.S. wheat supply and demand situation White ------ Durum ------2.8 HON. ROBERT A. ROE [Wheat (1973-74 Crop Year)] Hard Red Spring______67.4 OF NEW JERSEY Mtllions 2 IN THE HOUSE OF REPRESENTATIVES of bushels Total ------62.7 Supply (as of Feb. 3, 1974) :1 Wednesday, May 8, 1974 1 In mUUons of bushels a.s of February 1, Carryover July 1, 1973------ 488 1974. Mr. ROE. Mr. Speaker, the exporting Crop 1973------1, 711 2 Exports of flour and other products wm of wheat, particularly since the Russian Inaports ------ 1 amount to an estimated 50 mlllion bushels, wheat deal, has been a crucial matter ---- leaving an insignifiMnt carryover. 1Xdal supplY------2,150 of deep concern to all of us and there We calculate the necessary carryover for is no question that the ever-spiraling Domestic disappearance (as of Feb. the second quarter of 1974 at 250 to 300 mn prices of basic food staples, and partic 3, 1974) ;1 Uon bushels. This will provide an adequate amount for production processes and the ularly wheat, which has long been con Food ------ 532 sidered a staff of life, must be curtailed. 80 transportation pipeline from farmer, to mil Seed ------ ler, to baker. In your opening statement to our sec Feed ------160 ond session of Congress, Mr. Speaker, The huge prospective deficit for hard red 772 winter is especially ominous. It means we face you stated: the real possibility of a bread blackout. That The administration kept wheat export Balance left for export______1,378 23 mllllon bushels would produce over 1.2 subsidies at artificially high levels in July billions pounds of bread-enough to feed the and August 1972 even while massive wheat Exports (as of Feb. 3, 1974) : entire country for more than a month. sales to•Russia were being consummated ... Exports shipped 1 ______814.7 $7 BILLION IN ADDED COSTS TO CONSUMERS The Department of Agriculture took millions Exports unshipped1 ______514.2 In 1972, Americans paid $125 billion for of acres of wheatland out of production at Estimated wheat exports as fiour the same time that they were negotiating food. In 1973, our total food bill jumped $14 and other products ______50.0 billion to $139 billion. 3ary L. Seevers, the the huge Russian wheat deal ... Members agricultural expert on the Council of Eco of the House are now hard at work on Total destined for export__ 1,378.9 nomic Advisers, has estimated that "perhaps legislation to assure that should further Carryov.er July 1, 1974 (deficit)_ (0.9) grain sales be arranged, the abuses we have half of the acceleration in food prices could 1 Statistical Reporting Service U.S.D.A. be attributed to factors associated with the experienced in the past will not be repeated. worldwide boom in export demand." Thus the Legislation is indeed needed now. Our Unless the government takes immediate export binge has cost the American consumer action there could be no bread on our tables $7 billion from his frayed pocket in 1973. congressional efforts with the adminis for up to four weeks this spring. tration which I have participated in over THE USDA'S "NO WIN" POLICY FOR AMERICAN No hamburger buns. CONSUMERS the past 2 years to recognize the serious No rolls for hot dogs at the ballgames. ness of this growing problem and take No bakery snacks for children. Despite the stark, overwhelming evidence administrative action to resolve same No birthday cakes. of an impending wheat shortage USDA has have gone by the wayside. In the absence And no pizza. no idea how much wheat will be needed to of definitive action by the administra These are the USDA's own figures. We are assure an adequate domestic supply until not alone in reaching this conclusion with the new crop is harvested late this spring and tion, as you know, I have introduced summer. Moreover, USDA maintains it has considerable legislation seeking a legis their figures. Frederick Uhlmann, head of the Chicago Board of Trade, also projects a zero no responsibility to assure an adequate do lative remedy to the continuing short total CS\rryover. Yet USDA cUngs to the of mestic supply of wheat. USDA believes its ages crises that are delving into many of fl.cial rl.ction of a 178 milllon bushel carry only responsibility is to provide a free and our country's critical materials supplies over. open market for buyers and sellers. This may and causing foreign invasion of our Na be classic theory but in reallty, it means in FROM SURPLUS TO DEFICIT-THE EXPORT dividual American buyers must bid against tion's economic security. My most recent BINGE the state monopolies of Russia, China and legislative action dealing specifically At the end of the 1971-72 crop year, the other countries, some of whom can buy on with the wheat situation was to join with U.S. had a wheat carryover of 863 naillion generous American credit terms as the Soviet Congressman TIERNAN of Rhode Island bushels, and at the end of the 1972-73 crop Union did in 1972. It's an exciting game and others in a bill establishing a Na year it was 438 million bushels. Yet today we but the American consumer loses most of the tional Wheat Council and providing for are projecting the smallest wheat carryover time. The USDA policy amounts to nothing a wheat export marketing stamps pro in 25 years. How did we get here from there? more than Russian roulette with the Ameri gram to regulate the price of wheat in The answer begins with the Soviet wheat can grain supply. order to stabilize food prices-
WEST FARMS Vn.LAGE earliest in 1704 when Kingsbridge Road (now getts, Sherwoods and others, are represented (By Bert Back) 182nd Street) was opened. West Farms Road by the names on the tombstones. ran to Hunts Point, following the old In Across the street from the church, where "From little acorns mighty oaks grow" and dian trail and Morris Park Avenue in 1716. now stands the Beck Memorial Church, and !rom little vlllages great cities grow. The V'aSt The industry of West Farms was diversi a gas station, there were wagon and carriage borough of the Bronx was once a cluster of sheds. Here, also was a Potter's field where sma.ll vmages which, when knit together, be fied. There were the paint mills, crockery mills, saw mllls, and carpet mllls. Willlam strangers, Indians, and slaves were buried. came the Bronx. In the beginning, however, it When 180th Street was widened, many old was a.ll part of Westchester County. Richardson set up two mllls on the Bronx Jonas Bronck was a Dane of some means, River in 1680. In 1734, Stephen De Lr.ncey graves were exposed. Among them was that who, living in Holland heard of the fine farm bought the mllls east of Boston Post Ltoad, of Capt. Wllliam Raspberry, killed in the land in New York City and anxious to escape which south of Tremont Avenue did not exist battle of Cedar Creek, whose remains were religious oppression, came over in 1636. He prior to 1825. The paint mlll south of Tre moved to the Butler cemetery. bought a piece of land extending from the mont Avenue and Booton Post Road was The Church had hard sledding for many Harlem River to the Bronx River and settled the largest and most successful enterprise of years and at first only four regular mem about where present Wlllis Avenue Bridge the village. bers. In 1815 the church was built, but was connects the Bronx with the rest of the city. In the days of virgin country and crystal not painted untU 1821. The mlnlster's sal At that time New York City was contlned to clear waters, the waters of the Bronx River ary was $500 per year, with the diocese of Manhattan Island. The land to the north were said to have certain properties bene Westchester contributing $250, the Mission was Westchester. ficial to the washing of wool; so carpet m1lls ary Society $125, and the Church contrib· Bronck built himself a fine house of stone came to West Farms. In 1836, Alexander uting the balance of $125. and tile. Since land was very verdant, and Smith brought his paisley looms to West During the 1820's the church borrowed wood was plentiful in that heavlly wooded Farms and establ1shed his first m111 on the $1,000 from the trustees of the Town of West area, he built a dam and a sawmill at about Bronx River. During the Clvll War, after chester Diocese. In 1830 the elders of West 182nd Street and the Bronx River. Many of the m111 burned down, he took his m111 to chester demanded repayment of the loan West Farm's first houses were built of wood Yonkers. plus $300 interest. The trustees of the West sawed by his mill. The Bronx was not as In 1844, the Mitchell Brothers sold their Farms Presbyterian Church immediately re dangerous as the West, but the Indians did carpet mill to Alexander Smith who had orig signed in a body. However two teachers of bum Hronek's mill, which was rebuilt a few inated a new process of tufting carpets. the church's Sunday School went to New years later. Their original loom may be seen in the Na York City to visit the church elder and re In our time we have seen great land booms tional Museum in Washington, D.C. ceiving a letter from him, collected the in Florida and California. The same thing About 1845 there was a tremendous flood needed sum and saved the church. They were occurred in the Bronx in its early years. in the Brnox River which wrecked dams and Miss Ann MacGregor and Miss Nancy Leg Wealthy landowners from New York City, caused great damage to the mllls. It is said gett. Miss MacGregor's grave is in the West learning of the beautiful country by the that most of the small stones, now seen in Farms Cemetery. Bronx River, bought large parcels of land the lower part of the river, were washed But the church had other problems. Among and bunt fine manors. A roster of these set down stream in this flood. Though flood and the attendants at the services in 1864 was a tlers looks like a map of the Bronx for many fires struck the carpet mills, they were re black man, possibly a slave. Some members Bronx streets bear the names of the owners built each time and the precious looms saved. of the church objected to his presence so of those estates. James Sloane (W. & J. Sloane of today) they left the church to found a new con Land was very cheap and some individual had had a carpet m111 here, and bags from a gregation and a new church, the First Dutch tracts were vast. For instance, Thomas Pell flour mill in the village were used to mend Reformed Church of West Farms. They pur was granted right to all lands from Larch clothes during the Civll War. chased land at 179th Street and Boston Post mont to the Bronx River and he erected a West Farms was the stopping place for Road. Not wishing to bury their dead in the v1llage on the site of Westchester Village. stage coaches from Danbury and Mamaro West Farms Presbyterian Church cemetery, This later became the County seat of West neck. An inn near 182nd Street where the they sought land for their own burial chester. In the 1640's the family of Throgg passengers rested before continuing to the grounds. morton settled on the neck of land jutting city, later became Planters Inn and still The Hedger-Edwards family owned a large into the Sound, now Throgg's Neck. Later later, Johnson's Inn. West Farms was divided piece of land and a farm near 173rd Street after trouble with Indians. Throggmorton into two villages, the Mill Village and the and Boston Post Road. Their .family cem moved to a new settlement ln New Jersey Stage Village, but later they merged into one. etery was at 174th Street and Boone Avenue. called New Ark, the site of that other great In 1790 Lewis Morris built an arched bridge This cemetery, which held the remains of metropolis. across the Harlem River, and a road sixty-six some Civil War soldiers, has disappeared. The Dutch raided the Village of West feet wide through Morrisania, West Farms The bodies were removed when the streets chester on March 3, 1656, and changed the and Westchester. The road followed present were laid out. name to Osidorp. Later, the English returned Third Avenue to 163rd Street, up Spring H111 Another church, which also had its birth and changed the name back to westchester to Union Avenue and 170th Street. To this in Wray's Hall, was the Catholic parish of St. V111age. point Morris had no trouble about right of Thomas Aquinas. This church was founded On March 3, 1663, Edward Jessup, a Quak way, since all this land belonged to him. From in 1878 by Father McGm. Until then the er from Fairfield, Connecticut, and John here, he had to buy land to 174th Street for nearest Catholic church was St. Augustine's Richardson from Stamford, bought a tract his road. From there it ran northeast to Bry at Franklin Avenue and Jefferson Place. of land from the Indians which extended ant Avenue, to Tremont Avenue, to West Later, property was purchased at 176th Street west to the Bronx River, north to a large Farms Square where it joined West Farms and Southern Boulevard. lake in Bronx Park and west to Pungay Road. In 1798, a new road was opened to In 1844, the West Farms Episcopal Church Creek. The Indians called this Uinna-hnng. Eastchester. The new section of the Boston was formed by Margaret Hunt. Rev. Washing Jessup called it West Farms to distinguish Post Road from 174th Street to West Farms ton Rodman was its first pastor and was it from the settlement of Westchester Vil Road was opened in 1825. instrumental in the founding of the Home lage. The land extended from the west side The early settlers in the village were "God for Incurables, now known as St. Barnabas of the Bronx River to a chestnut tree south Fearing," folk who formed congregations and Hospital. The land on which this institution of Jonas Bronck's dam, south to the East churches. One pioneer church was the West stands was donated by the Lorrnard famlly River and west to Sackwra.hung Brook. Farms Presbyterian Church. Reverend Isaac and was the site of their mansion. In the division of the land, Jessup took Lewis, a missionary from New Rochelle, as As the v111age grew, transportation became the east part (Hunts Point) and Richard sisted in the establishment of the new a problem. There were stage coaches which son took the land west to Barretto Street. church, in a meeting in Wray's Hall. In 1814 came through on their way from Danbury to A woman brought about the most important the first subscription for funds for the Nassau Street and Printing House Square in development of this land. Jessup's wife, who church, led by Stephen Hunt, brought in New York. Soon there were lines to Fordham. after the death of her husband, married Mr. $236. Then a new form of travel became available. R. Beecham, and deeded all her former hus A parcel of land was acquired by the In 1875 a horse car line was begun from 16lst band's property to her son-in-law, Thomas Church about 200 feet west of the Boston Street to West Farms. It was jokingly called Hunt, Jr. In 1681 Hunt married Martha Post Road on Samuels Street (now 180th Huckleberry Line because it was said travel Richardson. The land was mapped out and Street). The church was built on the wester was so slow the passenger could pick berries divided into twelve parcels, and then ly section with a graveyard surrounding it. as they went along. Later there were other changed hands many times as new settlers The easterly part of the land was purchased lines. The Boston Post Road line was known arrived ln the Vlllage. by John Butler as a private burial ground as the Green Line and the Third Avenue line Among the early roads was an Indlan Lane and it remained in the Butler famUy until as the Yellow Line. extending along the Bronx River to Hunts 1955, when it was taken over by the City of Along the old Boston Post Road route can Point, and around the site of Lafayette Ave New York. Mr. Butler hired Alfred Petit to stm be seen the 1Oth milestone at I 68th nue and West Farms Road. As the village parcel out his cemetery into private plots. Street and Boston Post Road. The others have grew, new roads were laid out; one of the Many old families, the Bathgates, Hunts, Leg- disappeared. The 11th stone stood about 13858 EXTENSIONS OF REMARKS May 8, 1974 where the car barn bus garages are at 174th by Bert Sack, descendant of two CivU War Hidden in mtlk cans under the rubble of War• Street, and the 12th stone was at the Bronx Veterans, and W.W.I veteran. The committee saw University, architectural documents were Zoo. repaired the statue and, on Nevember 18, found which showed the survivors how to Among the fraternal organizations in West 1959, the statue was rededicated. The com !l'econstruct Warsaw-to literally raise 1t from Farms in 1852 were the Putnam Lodge of the mittee holds annual Memorial services each the grace and make it look "like old" again. I.O.O.F. and the Marion Lodge of the Masons. May and many prominent Bronxites partici And that is what these people did in the The Masons' Lily Lodge, an offshoot of the pate. With the cooperation of the city, the 1950s. With unprecedented energy and care, Marion Lodge, is still an active Lodge in the Committee has erected a sign, planted bulbs, they made an entire city of beautiful replicas Bronx. trees and flowers, some donated by interested of their ancient churches, palaces and homes. In 1846, the village of West Farms was citizens and has erected new stones. Today, one of the most charming areas formed and included Fordham and Morris We hope that this cemetery with its mem in the world must be "Old Town"---a. quaint, ania. In 187 4 West Farms was annexed to ories of the old V111age of West Farms w1ll cobblestoned, 1200-acre site of homes and New York City and separated from the v1llage never again fall to such depths. shops and churches, in the center of War of Morrisania. In 1897 the Borough of the saw but surrounded by walls made of bricks Bronx was formed, and in 1823 the County of rescued from the devastation. The town the Bronx was established. PROGRESSIVE MOOD OF MODERN houses along the area's narrow roads are owned exclusively by the original re-builders The Civil War brought excitement to the DAY POLAND village which had its share of advocates for of Warsaw. They w111 be handed down from both sides. When the draft riots in West generation to generation. "Old Town" 1s chester Square were stopped by the arrival of the reward and the pride of the Varsovans militia, the draft rioters marched upon the HON. DAN ROSTENKOWSKI who came back and reconstructed a city. village of West Farms. Their object was to OF n.LINOIS So unlike the Soviet Union, Poland re fuses to dwell on its unhappy past. And destroy the rolls of names for the draft board. IN THE HOUSE OF REPRESENTATIVES The v1llage was alerted in time and the rolls its people refuse to be docile, standing by hidden. The rioters wrecked the draft omce Wednesday, May 8, 1974 and taking orders. Much more attuned to a democratic way of life, it seems, the cit and spent their anger on the railroad, tear Mr. ROSTENKOWSKI. Mr. Speaker, ing up tracks as far as Yonkers. izens respect private ownership; 80 percent Opposite Wray'"' Hallin West Farm Square in a recent edition of the Boston Herald of the land still is privately owned, mostly was a flag pole around which were held many American there appeared a very well by farmers. Cooperative apartments are a patriotic demonstrations, parades and politi done article about Poland which was popular investment for citizens who can cal speeches during this period. West Farms written by Phyllis Battelle, a syndicated afford them, as are private vmas in the sub furnished several companies of men to the columnist with King Features. urbs. The city has an extraordinarily large 6th New York Heavy Art111ery. Among the In my opinion, Phyllis Battelle not only number of coffee houses, candlelit supper Civil War Veterans buried in West Farms clubs with jazz groups playing for dancing, accurately describes the progressive restaurants featuring Chinese, French and Cemetery are Samuel Pierce, whose family mood of modern-day Poland, but more owned much of the land where Public School Russian food, as well as Polish. No. 6 now stands; Pvt. John P. Dodge, a important, in her brief article she has The American influence is strong. I saw member qf the f'amily now in the manufac managed to capture the resolute spirit two baby carriages plastered with Donald ture of telephone cable; and Seaman August of the Polish people. Duck decals. Weiking, who not only served in the Army I hope that my colleagues will find this Taxis are plentiful, cheap and operated by but served in the Navy on the ship Merrimac English-speaking drivers. I asked one what article both enjoyable and interesting: were the problems of city life in Warsaw, before it fell into Confederate hands. Some [From the Boston Herald American] Civil War Veterans originally buried on and he said, "Crime." What kind of crime? Hart's Island were removed to West Farms LEAVING RUSSIA FOR POLAND LIKE BURSTING "Oh, like you, we have all kinds," he said Cemetery in 1916. A small marker, surrounded INTO SPRING cheerfully. by an iron fence, still marks the plot where (By Phyllis Battelle) Our hotel is the new Orbis-Forum, a mod originally interred on Hart's Island. ern, 34-story, glass-walled addition to the WARSAW .-Crossing the border from the chain of Intercontinental Hotels. It has a As the city grew after the Civil War, the U.S.S.R. into Poland is like bursting suddenly gradual deterioration of old vlllages came luxurious bustle about it, and among its out of winter into spring I western-style accoutrements are soft toilet bringing new streets and erasing many old The Poles have been under Communist tissue, thick bathtowels, lush carpeting, estates. The carpet mills had moved to control for 30 years. But never has the Krem quick service, shops and a beauty salon Yonkers and the flour mills of the Lydigs, lin succeeded in suppressing their wit, cour where I had an excellent shampoo and set Paint City, and the other mills had disap age, friendliness or devout religious (90 per in 50 minutes, for $1.20. peared. Little is left of that quaint, busy vil cent Catholic) faith. Warsaw abounds with shops which sell lage of yesteryear. But there is one spot In Warsaw the girls are slim and dressed the country's tourist bargains in lace, cut which still remains a glorious reminder of as smartly as New York secretaries. The men glass, wool tapestries, amber and coral jew the v1llage's past glory, the old West Farms are clean-shaven, quick to laugh. The people elry. And there are 17 theatres which offer a Soldiers Cemetery. Veterans of four of this w111 accept such benefits of a Socialist society wide variety of entertainment-from Po nation's wars, 1812, 1865, 1898 and 1917, are as free health care and low-rent state owned land's beloved Chopin (whose body is buried interred here. apartments-but don't try to muzzle their in Paris, but whose heart is preserved in a When the Civil War ended, the Boys in artists, collectivize their farms, restrict their museum here), to satiric political reviews. Blue org'anized their veterans organization, travel, close their western-oriented night And if a U.S. visitor ever should be home the Grand Army of the Republic. The two clubs or llmit their liberal life styles. sick, he can drop in on an Edward Albee posts best remembered in the Bronx and West "You as tourists, like we as citizens, can play or any of the many cinemas which Farms were the Vanderbilt Post and the freely go anywhere in Poland without any feature American movies. Oliver Hilden Post, 96 G.A.R. restrictions," says the director of Orbis, the It is a unique city, in a country that ls For many years the G.A.R. paraded up country's tourist organization, proudly. "And Communist without seeming to show it. Its Washington Avenue in honor of their com don't worry about language. Our people must people appear more friendly toward Ameri rades. And there were wagons loaded with learn one western language (as well as Rus cans than do most of the western European potted plants to decorate the graves of those sian) in elementary school. Most choose to countries. And the sense of humor is de who had died in the conflict. Each year they speak English." licious ... held a memorial service at the West Farms The city of Warsaw, itself, 1s a beautiful "In Poland," says a guide drolly, "When Soldiers Cemetery. Gradually the task was monument to the courage of its people. "War you go to the salt mines, you will find they handed over to sons and daughters. Finally saw must be completely razed to the ground," are excellent tourist attractions and health services were discontinued. Hitler cabled his generals on Sept. 1, 1939. resorts!" Then in 1958 when a new group of dedi Methodically, Nazi troops carried out the cated patriotic citizens formed to resume order, burning and dynamiting to rubble 84 services and to care for and improve the percent of the butldings. THE CASE FOR A FEDERAL on. AND cemetery, the city took over the old Butler In two months, they destroyed what it GAS CORPORATION-NO. 29 famUy cemetery property and erected a high had taken more than 700 years to build. wire fence which helped to keep out vandals. The Gestapo exterminated 6 mlllion Poles, Until then the cemetery had been vandalized and deported 2 mllllon more to labor camps HON. MICHAEL HARRINGTON in Germany. OF liiJ:ASSACHUSE'l"l'S and became a dumping ground for neighbor When the army of liberation entered War hood refuse. The statue of the Civil War sol saw in April, 1945, they found only scaveng IN THE HOUSE OF REPRESENTATIVES dier, erected by a citizens committee in 1909 ing rats on a dead landscape. Wednesday, May 8, 1974 was so badly mutUated that the city removed But some m11lions of Poles had survived. } lt. The new group, calling themselves the And gradually they returned to the lunar Mr. HARRINGTON. Mr. Speaker, a Civil War Memorial Committee was headed landscape which was their martyred city. year ago the concept of a Federal OU and May 8, 1974 EXTENSIONS OF REMARKS 13859 Gas Corporation rarely received mention Any profits would go to the U.S. Treasury. where it might continue and expand, less in the national media. Within a relative The corporation, generally comparable to the vulnerable to public oversight and criticism, ly TVA, would be controlled by a. board ap as part of the vast HEW apparatus, than short period of time, however, the Cor pointed by the President and confirmed in the more exposed environment of OEO. poration has come to be recognized as a by the Senate. Although many members of the "save OEO" serious legislative proposal. The Los An Breaking up majors. Several bills have coalition prefer a. continuation of the War geles Times, one of the Nation's most been introduced to break up the vertical on Poverty in a. separate agency, H.R. 14449, respectable newspapers, has cited the integration of the big oil companies and have the HEW transfer approach, is now on the Corporation as a major proposal to re production, refining and dlstribution con front burner. form our Nation's system of energy de ducted as separate businesses, all in the name The legislation, if approved in its present velopment. Such recognition of the Cor of promoting more competition and reducing form by the full membership of the House poration idea indicates a growing public discriminatory practices. One of the mUdest of Representatives, would establish a. Com bills, by Sen. Floyd Haskell (D-COlo.), munity Action Administration within HEW, awareness and acceptance of the con would require the oil companies to divest manned by the very LBJ and SDS liberals cept, and I would like to insert the Times themselves only of their cross-country pipe who comprise much of the present staff at article into the RECORD for the informa lines. Separate bills by Sen. Frank Moss the Office of Economic Opportunity. Fur tion of my colleagues: (D-Utah), Sen. James Abourezk (D-S.D.), thermore, it would assure guaranteed annual PROPOSALS TO CHANGE THE SYSTEM and Rep. Ben Blackburn (R-Ga..), would re income to the more than 185,000 poverty professionals who staff nearly 1,000 locally (By Donald Bremner) quire the big on companies to sell all but one phase of their operations. based, federally funded community action Some critics of the petroleum industry Passage of one of the complete divestiture politico-bureaucracies now located in virtu think something must, be wrong w1 th the bUls would mean a. shakeup comparable to ally every congressional district in America.. system to have brought such fuel shortages the breakup of Standard OU at the turn of The bUl does not just shift OEO to HEW; and higher prices as this country has had it increases its power. Specific language in recently. the century. Other proposals, while not changing the the blll would confirm the influence of pri Rejecting arguments by oil spokesmen that vate, issue-oriented, liberal groups like the the industry has done an impressive job of industry's structure, would change its prof its. A "windfall profits•' tax lost another National CouncU of Churches, the League of supplying the ravenous U.S. appetite despite Women Voters, the AFL-CIO, and the United obstacles, these critics offer a. variety of rem round last week, and may be dead for now. But there could be more support for a sug Auto Workers, to secure "broadening of the edies, ranging from better statistics to a resource base." In addition, the full range of complete sha.keup of the industry. gestion by President Nixon to change tradi tional oU industry tax shelters by abolish other "private nonprofit" agencies and orga With oil and energy certain to be among nizations would be eligible for HEW support the most controversial issues facing it this ing the depletion allowance on overseas oU to push their favorite causes. year, Congress will consider critics' proposals operations, and reducing the amount of for With similar authority at OEO, present for: eign income-tax credits the companies can and past OEO grantees have included such Information reporting. 011 companies now use to offset U.S. earnings. groups as the Center for the Study of Publlo voluntarily submit reports on their output Policy (Cambridge, Mass.), the Planned and stocks to the Bureau of Mines on a. Parenthood Federation of America., the Popu monthly and annual basis. These are not lation Council, the National Sharecroppers published for months, however, and govern REVIVING COMMONSENSE INSTEAD Fund, the Children's Foundation, National ment officials have relied mainly on weekly OF OEO CivU Service League, National Student As surveys by the industry-supported American sociation, the Brookings Institution, Rural Petroleum Institute. But government energy Housing Alliance, Change, Inc., the National officials say they need complete up-to-date HON. WILLIAM J. SCHERLE Council of Senior Citizens, the National Con figures from every producer and refiner. OF IOWA gress of American Indians, the Urban Insti A national energy information system tute, the National Urban Coalition, and the would be set up under a. bill sponsored by IN THE HOUSE OF REPRESENTATIVES Southern Christian Leadership Foundation, Sens. Henry Jackson (D-Wa.sh.) and Gaylord Wednesday, May 8, 1974 all charter members of the Liberal Establish Nelson (D-Wis.). A censilll-like Bureau of ment, active in behalf of causes against Energy Information in the Department of Mr. SCHERLE. Mr. Speaker, in the which the President and most members of Commerce would collect and coordinate in May 11, 1974, issue of Human Events, Congress have campaigned. formation on energy resources, production Howard Phillips, the former Director of The bill provides for 51-member governing and supplies from the public domain and OEO, makes some highly pertinent re boards of CAAs under preva111ng rules which private industry. marks concerning hapless legislation to permit such political action groups as Wel Competitive secrets and national security prevent the demise of an experiment run fare Rights and Gray Panthers (elderly ac would be safeguarded by a system of three amuck-namely OEO. He correctly tivists) to represent the "private sector," libraries-public, confidential, and secret while other seats are turned over to local giving the public access to the bulk of the points to the falacies inherent in OEO's poverty representatives (usually chosen by data while protecting legitimate secrets. original conception, faults which would well-organized handfuls of political movers Hearings on the bill are set for this week. be perpetuated and compounded by H.R. and shakers) and designees of local officials Federal chartering, Sen. Jackson, chair 14449. Since its inception, OEO has (often middle-level, special interest-oriented man of the Senate Interior Committee and funded projects having nothing to do bureaucrats). an influential voice in energy matters, con with reducing poverty in America. Further control by activist organizations tends that the oil industry is "the most Rather, many of them have fostered a is fostered by language which says the "Di important industry in the Unlted States ... negative political bent aimed at wrench rector [of the HEW-OEO unit] shall require it has more impact on life, style, jobs, the community action agencies to establish pro environment than any other." Like util1ties, ing our Nation apart. I echo the cogent cedures under which . . . representative he says, oil companies should be chartered sentiments of Mr. Phlllips that we must groups of the poor which feel themselves in and regulated. His bill would require at least learn from our mistakes, particularly adequately represented ... may petition for the large international companies to obtain those made in the "Great Society." His adequate representation." charters and comply with regulations yet article follows for the benefit of my col "Representative groups of the poor" have, to be specified. Under his proposal, a. federal leagues, who, I hope, will joint with me in the past, been interpreted to include Black representative would sit on each firm's board in defeating this nonsensical piece of Panthers, youth gangs, and ad hoc cadres of directors to influence decisions on publtc legislation: of Marxist power-seekers. questions, particularly overseas negotiations To remove all doubt about where control and activities. H.R. 14449 Wot7LD REBUILD OEO of jobs and dollars shall repose, the law Public corporation. Most of the nation's (By Howard PhUlips) would read: "The powers of every commu on and gas reserves are on public lands, With only eight of its 37 members recorded nity action agency governing board shall in· only a small fraction of which have been in opposition, the liberal House Committee clude the power to appoint persons to senior leased to private companies. Sen. Adlai on Education and Labor has reported out staff positions, to determine major person Stevenson lli (D-Ill.) and eight other sen legislation to preserve and extend the 111- nel, fiscal and program policies, to approve ators sponsored a. bill to create a. federal oU conceived "War on Poverty." Rejecting even over-all program plans and priorities, and ... and gas corporation to explore and develop the very ltmited compromise efforts of Rep. approve proposals for financial assistance." these resources and distribute the fuels in Albert Qu1e (R.-Minn.), the "save OEO" lob In addition to community action, the bUl competition with th.) existing industry. In by Insisted on, and won, committee approval would transfer the present legal services pro dependents would have first choice, and the to move the guts of the Oftlce of Economic gram to HEW, without reform. It would a.lso public corporation could get into the pipe Opportunity, virtually intact, to the Depart establish in HEW a "Community Food and line business if necessary to supply them. ment of Health, Education and Welfare, Nutrition Program" which would authorize 13860 EXTENSIONS OF REMARKS May 8, 1974 Hearst-like free food distribution by BEW In Title m of the blli, there is even a sec are pushing this legislation. In some cases, "without regard to the requirements of such tion authorlzing 15-year business loans in support has been purchased with cold cash; laws for local or state administration or fi amounts as high as $50,000 to be made by in other cases it derives from desires to curry nancial participation." the administrator of the Small Business Ad political favor with liberal elements; in stlll (In 1972, Nixon offi.cials Frank Carlucci ministration (SBA). The two alternative other instances it is simply the result of not and Leonard Garment, acting in response to criteria for receiving funds are ownership knowing any better. But, whatever the cause. the President's instructions, used OEO funds by low-income individuals or location 1n it would be most unfortunate for the coun to buy off American Indian Movement high poverty areas. try if this legislation were adopted. Once leaders who were directing the occupation of Consideration of other factors like bust done, it would be virtually impossible to put the Bureau of Indian Affairs.) ness competence or prospects for success is a halt to it, since, unlike the Economic Op An "Environmental Action" program is not required. although the SBA admin1stra portunity Act, under which OEO has func provided, d lathe New Deal, for such activi tor would be authorized "to provide financial tioned, HEW has a permanent statutory ties as leaf-raking and federally funded assistance to public or private organizations base. garbage disposal. Other authorized activities to pay all or part of the costs of projects Moreover, it now seems politically unlikely include "Senior Opportunities and Services," designed to provide technical and manage that conservatives will ·soon again be in a "Rural Housing Development and RehabiU ment assistance" to loan recipients. position to improve OEO or HEW legisla tation:• "Neighborhood Centers" (focal What incredible opportunities for corrup tively. However bad our situation now seems, points for consumer protection, "chlld de tion and waste! Wlll we never learn from the it shall probably get worse before lt 1m velopment," legal services, and the like, at mistakes of the past? proves. It is, therefore, now or maybe never street corner locations throughout America), The Day Care provisions in the new OEO to erode the massive political power, author "Design and Planning Assistance Programs" bUl authorize federal funding of labor un tty, and resources which the Establishment (free services to private organizations "not ions and private employers for such purposes Left gains from the OEO politico-bureau otherwise able to afford" their own archi as "renovation and alteration of physical fa cratic network. tects), "Consumer Action and Cooperative c111ties" to provide day care. To do the job, the Nixon Administration Programs" ("to develop means of enforcing To guarantee that no President would ever should take the gloves off and end the offi.cial consumer rights and educating low-income again have the opportunity to hold poverty cover-up of OEO abuse which now character persons with respect to such rights, proce bureaucrats accountable to his authority, the izes OEO programs, as they have in the past. dures, grievances, views and concerns), bill says "all federal personnel, employed on One of the left's most effective arguments in "Technical Assistance and Training,'• "Spe the effective date of this Act under author wooing naive moderates to the OEO cause is cial Assistance" (a grab-bag section which ization and appropriation of the Economic that there are no "new" horror stories about authorizes the director to fund any private Opportunity Act of 1964, as amended, shall OEO; that all its problems occurred long ago organization to aid those "not being effec be transferred to, and to the extent feasible, and that community action is now a tamed tively served by other programs"). assigned to related functions and organiza institution. The extent to which almost any quasi tion units ... without loss of salary, rank, Whlle there has certainly been far less political, private group with friends in bu or other benefits, including the right to rep press coverage of OEO abuses than in the reaucratic high places can have their .para resentation and to existing collective bar past and while some power-manipulative governmental activities paid by the taxpayer gain1ng agreements." techniques are less blatant and overtly out is clear in the section which reads: Stlll more liberal patronage is provided by rageous, there has been no change in the "Notwithstanding any other provision of authorization of the director to establtsh an political objectives or impact of many activist this title, the director is authorized to pro unlimited number of "advisory committees" groups and leaders subsidized through the vide financial assistance in rural areas to whose members can be compensated for their OEO programs. public or private nonprofit agencies for any services at rates approaching $140 per day, Since problems are "local," the national project for which assistance to community plus expenses. press usually overlooks them; there is vir action agencies is authorized, if he deter Nor are benefits under the act Umited to tually no investigative reporting of the sort mines that it is not feasible to establish a those whom the publtc normally think of as which media personnel gave to Watergate; community action agency within a reason poor. Any Harvard graduate who can't get a and CEO's in-house investigative responsi able period of time." job "commensurate with his health, age, edu bil1ties lie with persons who seem ideologi Unmindful of past abuses involving hu cation and abllity" qualifies for all the serv cally committed to sparing the program em man sterilization and abortion of life-ca ices and grants appropriated to fight barrassment. Worse, the Administration is pable, unborn boys and girls, the new law "poverty:• apparently unwllling to confront the present would require "that famlly planning serv The favored bureaucratic strategem for director, Alvin Arnett, and hold him to ac ices, including the dissemination of family keeping the money flowing to favored organi count, for fear of press repercussions. planning information and medical assist zations is kept alive by !;he blll's statutory If the President cared enough, he could ance and supplies [emphasis added] , are implementation of the phllosophy: "Once restore CEO's inspection capability and made available to all low-income individuals funded, forever funded," requiring incredible release present evidence of wrongful and who meet the criteria for eligibllity." legallstic exertions before the government criminal OEO activity to the public. There is The bill also gives the federal poverty di can terminate or deny refunding to a pro more than enough in the live OEO files to rector authority to intrude into the affairs gram that has once received a grant. match, page for page, the most titillating of any elementary or secondary school in Programs advanced under the bill also in excerpts from the Watergate tapes. America with funding for "special, remedial clude "Headstart," "Follow Through," re The Administration could also serve its and other noncurricular educational assist search, demonstration, and evaluation, In cause by cracking down on the violations of ance." dian projects, and health staff projects. the federal anti-lobbying act represented in Does fighting poverty justify such an un In its "community economic development" the use of OEO funds, directly and indirectly, usual grant of power to a single bureaucratic section, which assigns powers to the Depart to help the "save OEO" lobby campaign. offi.cial? And what about the "rural loan" ment of Commerce, the proposed law estab Those programs which are using federally provision which would give the poverty chief lishes its own system of racial and ethnic supported travel funds, personnel and equip power to make $3,500, 15-year loans to rural quotas, with special programs not for citi ment to lobby should be prosecuted. In fam111es which fail to qualify for other fed zens regardless of race, color, sex, or creed addition, CEO-funded publications should be eral loans? Such authority could be a potent but for "minority groups" and "low-income gotten out of the lobbying business. patronage weapon in any political campaign. whites," asserting that minorities "include, Legislators should think twice before One of CEO's most left-wing programs has but are not limited to, Negroes, Puerto Ri launching this new CEO-Titanic at HEW. been the SDS-dominated migrant and sea cans, Spanish-speaking Americans, Ameri Whether it's called ADVO, CAP, Commutlity sonal farm worker system of grants which can Indians, Eskimos and Aleuts." Such Action, or whatever, a rose by any other name too often go to private, leftist-dominated categorizations constitute the worst kind of stlll smells the same, and so does a cow nonprofit groups, which have sought to un racism and classism. pasture. Ionize and politicize farm workers to their There is much more 1n the 171-page bill If the goal is to help the poor, why sub own brand of leftist politics, including the which 1s worthy of denunciation than con sidize a powerful polltical network of "non Atzlan phUosophy of carrying out a new Chi siderations of space permit us to discuss profit organizations" and federal bureaucrats cano nation 1n the Southwest. This program, here, but the reader, I am sure, gets the gen whose salaries eat up 80 per cent of the pro which has been delegated to the Department eral idea. gram's money? of Labor, would be made permanent under Why does the Liberal Establishment need The American taxpayer stlll has enough the HEW transfer bUl. public financing, when under legislation of sense to support men and women who vote Purtherm.ore, as elsewhere 1n the bill, lan this sort, it is free to subsidize itself virtually against such nonsense, and to turn out of guage is included in the migrant section on without limit, and without any need for office incumbents who pander to special which expansion of the legal services pro balance or procedural accountab111ty? interest bureaucracies. His voice is not very gram, under diverse authorities, would be Yet there are moderates and even per loud in washington, but it w111 be heard at advanced. sons who call themselves conservatives who the polls in November. May 8, 1974 EXTENSIONS OF REMARKS 13861 .IMPEACHMENTS IN THE UNITED judiciary that they will require compliance gress' programs with his own, Johnson arro-· STATES With the highest standards of ethical be gated to himself the responsibllity of restor havior." ing the civll government in the South. He Most important for the purposes at hand claimed this as a right under his inherent is that Ritter was convicted for conduct war powers as co~ander-in-chief. He ap ·uoN. WILLIAM L. HUNGATE which was definitely not criminal. pointed and removed the m111tary governors OP MISSOURI However, the generally recognized water at wm, without Senate confirmation; he IN THE HOUSE OF REPRESENTATIVES shed of the law of impeachment is the Arch authorized state constitutional conventions ibald case. There, not one of the articles and provisional legislatures; set the prereq Wednesday, May 8, 1974 preferred by the House contained an indicta uisites by which Southerners could be fully Mr. HUNGATE. Mr. Speaker, this con ble offense. Respondent was accused of try restored to the Union. All Without as much ing to commercialize his potentiality as a as a nod of assent from Congress. As Les tinuation of an article by Timothy Walt judge by securing "business favors and con Benedict puts it: hall in the New England Law Review con cessions." This was conduct, as Brown points "He had set back the work of reconstruc tains comments which may prove helpful out, which would have been blameless if done tion ... and ensured that Southerners iio our consideration of impeachment: by a private citizen, but worse than a crime would resist the process instead of cooperat IMPEACHMENTS IN THE UNITED STATES when done by a judge. ing. To a large degree, the !allure of recon One might expect that were there am Thus, it must be concluded from analysis struction could be blamed alone on Presi biguity in the phrase as written, it would of these various sources that impeachment dent Johnson's abuse of his discretionary nave been easily settled in the first few im wlll be for serious noncriminal conduct as powers." peachments. Several problems unique to im well as for criminal breaches. In the con Worse, he embarked upon frustrating Con peachments have hampered such a resolu stitutional scheme it is the House of Repre gress' Reconstruction program by every. means tion. To begin with, there have been too few sentatives who make the initial determina avallable to him. He ignored the so-called impeachments: twelve in 186 years. Of these tion as to what is impeachable. The managers Test Oath Act, whereby appointees in the nine were of federal judges and one each of the House have not once falled to bring South were required to take an oath that were of a President, a Senator and a Cab at least one nonindictable charge on im they had never aided the rebell1on. This law inet officer. There have been only four con peachment. However, the Senate may disre was designed to prevent former Rebels from victions, two of which were not defended. gard the House's determination and vote quickly regaining power In the South and Worse in terms of setting standards of im according to their own criteria. Though the trampling over the rights of Southern Blacks peachablllty, the Senate does not vote sepa oretically a President may be Impeached for and loy,alists. rately on the issues or impeachab111ty and less than criminal offenses; though this is Johnson and his Attorney General James guilt. On each impeachment, the sole ques supported by the weight of English authority, Speed conspired to minimize the enforce tion submitted to the Senate is whether the most Constitutional commentators and the ment of the Confiscation Act, and the Freed respondent was "guilty as charged." Hence, Amerioan precedents; as a practical matter men's Bureau, designed primar11y to enfran an acquittal might be based on two alto Congress wlll not remove a President for chise the freed slaves and charitable orga gether different grounds: (1) the charges less than an indictable offense. This fact nizations who would use the land for schools preferred by the House are not impeachable could hardly be more clearly demonstrated and orphanages. Instead the land was re -offenses or (2) the charges brought, though than it was in the Johnson impeachment. turned to its former rebel owners, turning impeachable, were not proved. Thus, since THE IMPEACHMENT OF ANDREW JOHNSON Negroes in the South into a dispossessed and homeless class of indigents at the mercy of this separate question has never been deter When (then) Solicitor General Robert Bork mined by a vote of the Senate, each impeach the full fury of the embittered Southern asserted on October 5, 1973 that "impeaCih land-owning class. Furthermore, Johnson ment must hear anew pleas that the re ment trials, as that of President Johnson spondent may be impeached only where he steadfastly opposed black suffrage and other reminds us, may sometimes be influenced by efforts by Congress to guarantee equality be may be indicted. political passions ... that would ... be The result of all this is that acquittals fore the law for Southern Blacks. vigorously excluded from a criminal trial," The republicans first tried to compromise; are of diminished value as precedent of the he was playing upon a popular myth of the intermixture of fact and law in the deci then hesitantly resisted; and finally in 1867 Johnson Impeachment. Until recently John shucked Johnson's reconstruction program ~lons. As Simpson put it: "he has studied son had been regarded as a stubborn pa impeachments in vain who does not know as a fallure. Congress authorized the mllitary triot, perhaps not as able as Lincoln, whose commanders in the South to supervise a re that an acquittal under such circumstances only crime was to urge a humane policy for decides no legal principle." So we are left construction program guided by thei':' legisla reconstructing the South. Against him, so the tion. Johnson further obstructed the Repub with the four convictions: Pickering, Hum story goes, were pitted a gang of partisan phreys, Archibald and Ritter. But Pickering lican effort through his control of the m111- "Radical Republicans" in Congress, bent only tary governors. He ordered them to enforce and Humphreys did not defend themselves. on punishing the South and achieving con This somewhat dilutes the authority of these the law in such a way as to frustrate it and gressional superiority over the President. In removed those commanders who would not removals on the principal that an issue not line with this, the seven Republican recu contested is an issue not decided. do so. Finally Johnson set to work using sants who saved Johnson are pictured as patronage appointments in an effort to de Thus it is Ritter and Archibald which form martyrs who voted with their consciences and the core of impeachment law. Ritter's con feat the re-election of the radicals. Johnson's against political bias. interference on behalf of the South was so viction rested on a seventh article which Revisionist historians have persuasively ar essentially incorporated by refe·rence six arti blatant that many congressmen feared a gued that Johnson was not so innocent a coup-d'etat by the President. cles of which he was acquitted. That seventh vlotim and that Congress was nat so anxious article read in part : The French Correspondent and future to remove him as had been supposed. statesman, Georges Clemenceau, described The reasonable and probable consequence At the close of the Civil War, Andrew or the actions . . . of Halsted Ritter . . . as this deadly waltz: an individual and as a judge, is to bring Johnson and the "rump" Republican Con "[T]he radicals are limiting thexnselves ... his court into scandal and disrepute, to the gress held markedly different views as to to binding Andrew Johnson firmly with good prejudice of his court and public confi how to reconstruct the embittered and war brand new laws. At each session they add a dence in the administration of justice there torn South. Johnson favored Lincoln's con shackle to his bonds . . . and then when he in, and to the prejudice of publlc respect for c1Uatory attitude toward the former rebel is well bound up, fastened and caught in an and confidence in the federal judiciary, and states. The quicker past troubles could be inextricable net of laws and decrees.... render hlm unfit to serve as a judge. forgotten, the better for the country, so he they tie him to the stake of the Constitution Ritter's conviction would indicate that, thought. The Republicans were preeminently and take a good look at him, feeling quite although the managers could not prove that concerned with preserving the rights of sure he cannot move this time." Ritter had broken the law, what they had Southern loyalists and the new-freed slaves. "But then . . . Sampson summons au his shown at trial was sufficient to disqualify They saw a dangerous flaw in Johnson's ap strength and bursts his . . . bonds . . ., and him as a judge. proach: the renewed dominance of the pre the [radicals] fiee in disorder to the capitol Several aspects of Ritter are significant. civil war aristocracy and other former to set to work making new laws . . ., which First, this is precisely how the constitutional R®els. wlll break in their turn at the first test. plan of impeachment was meant to work. Whatever the merits of these opposed In 1867 the Republicans passed the Tenure Judges are removable for abuses of their points of view, it is clear that Andrew John· of Office Act, which read in part: authority, which may not be reached by the son sabotaged the Republican effort and dld "[E]very person holding any clvll office to criminal law. Second, it shows that judges not adequately substitute a program of his which he has been appointed [with the ad wlll be held to a higher standard of behavior, own for Southern reconstruction. The re vice and consent of the Senate] is, and shall as well they should given their position in sult was catastrophic, and we stm suffer be entitled to hold such office until a succes the community. As one commentator has today from the wounds lnfilcted upon the sor shall have been 1n like manner appointed put it, "Ritter should not be feared but wel nation by his short stint in oftice. and duly quallfled, except as herein otherwise comed as notice !rom the Senate to the Rather than seeking to accommodate Con- provided: Provided. that the Secretaries o! 13862 EXTENSIONS OF REMARKS May 8, 197~ State, ... of War ... shall hold their of dalous harangues, and therein uttered loud the power vested in him by his electors: fices respectively for and during the term of threats and bitter menaces against Congress obedience to the law and the Constitution. the President by whom they may have been and the laws of the United States enacted by Even by the strict criterion of indictabil appointed and for one month thereafter, Congress, thereby bringing the Office of the ity, it is difficult to see why Johnson should subject to removal by and with the advice President into disgrace ..." have escaped conviction. From the opinion& and consent of the Senate. In this the managers made the classic submitted by certain of the Senators, it is • • • accusation of impeachment: that the Presi evidence that all save Charles Sumner de "SEc. 2 ...• That when any officer ap dent had rendered himself unfit for his office cided the matter on its narrow legal issues. pointed as aforesaid . . . shall, during a re by his actions. The eleventh article charged The six Republican recusants who filed opin cess of the Senate be shown, by evidence sat that Johnson had said that: ions all asserted impeachment would lie only isfactory to the President, guilty of miscon "The 39th Congress was a Congress of only for transgressions of positive law. Each duct in office, or crime, or for any reason part of the states and not a Constitutional showed that he had been persuaded by one shall become incapable or legally disquali Congress, intending thereby to deny its Con argument or another of the President's fied to perform it's duties, in such cases, stitutional competency to enact laws or pro counsel. and in no other, the President may suspend pose (constitutional] Amendments ..." The result was that the Johnson impeach such officer [and appoint an ad tnterim re This was prefatory to yet another accusa ment was clouded with every sort of legal placement and in such case it shall be the tion that Johnson had violated the Tenure pettifoggery imaginable at a Nisi Prius duty of the President, within twenty days Act and other laws of Congress. The idea was trial. In the heat of battle the Senators had after the first day of such meeting of the that Johnson had attempted to discredit the lost sight of the legitimate objective of the Senate, to report to the Senate such suspen validity of all laws passed by Congress to impeachment trial: ascertaining Andrew sion, with the evidence and reason for his justify his own unlawfulness. It was also an Johnson's fitness to remain President. action in the case ... (I]f the Senate shall accusation that Johnson had failed to faith The evidence is strong that Johnson was concur . . . and consent to the removal . . ., fully execute the laws. If we call this "mal no more acquitted for lack of proof that he they shall so certify to the President, who administration" it becomes another word broke the law than he had been impeached may thereupon remove such omcer, and, by familiar in the content of impeachment. for mere violation of the Tenure of Office and with the advice and consent of the Sen As might be expected the battle before the Act. Rather it would seem that the Sena ate appoint another person ... But if the Senate was not waged over Johnson's fitness tors were using legal justifications for de Senate shall refuse . . . such officer . . . to hold office but whether he had in fact cisions based on other considerations. shall forthwith resume the functions of his broken the law. In the last analysis, it was Most obvious of those other reasons was office ...." (emphasis added). a case of first impression for construction of the character of Johnson's would-be suc The act was designed as a clear-cut regula the Tenure of Office Act. Johnson's attorneys cessor, Benjamin Wade. Johnson of course tion of the President's removal power. John argued (1) that their client could be removed had no Vice President and, as President pro son considered it unconstitutional and only for a serious crime, directly subversive tempore of the Senate Wade was next in vetoed it; but Congress overrode his veto and of the fundamental principles of govern line. But Wade harboured "agrarian sym the act became law on March 2, 1867. ment or the public interest; (2) that the pathies" and favored high tariffs and "soft Edwin M. Stanton had been appointed Tenure Act was unconstitutional because the money" which aroused powerful interests Secretary of War by Abraham Lincoln in Constitution gave the President an inherent against him. Republicans feared that a Wade January 1862. In the building crisis between and absolute power of removal; (3) that administration would hopelessly divide their President and Congress, Stanton was torn Johnson had not in fact removed Stanton, party on these issues. These fears were ex between conflicting loyalties. He disagreed but had only attempted it; (4) that Stanton acerbated by an anti-Republican reaction with Johnson's policies, but was persuaded was no covered by the Tenure Act, his tenure gaining strength among the voters in 1867. to remain in office by Republicans who saw having expired with Lincoln's death; and Added to this were Johnson's extra-legal as him as a buffer between the President and finally (5) that Johnson was only "testing" surances to wavering Republicans of good the Army. When Congress began to restrict the constitutionality of the Tenure Act in behavior for the rest of his term and actual Johnson's power over reconstruction politics the only way that it could be tested and in cessation of interference while impeachment the President needed a Secretary of War who doing so he had at most made a mistake. progressed. would execute the law the way Johnson The managers countered that (1) the Sen Unspoken behind the above considerations wanted it. ate was not bound by rules of Nisi Prius and is yet a more general factor militating Stanton would not have been Johnson's that it could remove government officers against the removal of any President: the first choice in any event. On August 5, 1867, without averring any legal grounds at all; power of the Presidency itself. Impeachment during the recess of Congress, he discharged (2) that the President had no right to does not claim the niceties of the political Stanton and appointed Ulysses Grant Secre further exercise his judgement as to the "game" it is often made out to be. It is, tary of War ad interim. When Congress re constitutionality of a law after his veto had in the end, a crude exercise of raw power. convened, Johnson, in seeming compllance been overridden; (3) that the Senate was Andrew Johnson was particularly vulnerable with the Tenure Act, sent it a message detail not convened to quibble over the technical to impeachment. As Senator from Tennes ing his reasons for firing Stanton. His sufficiency of the charges made; (4) that see he had been the only Southern Senator reasons were that differences between him Johnson had waived his right to insist that to oppose secession. and Stanton had become irreconcilable and Stanton was not covered by the Tenure Act When the South did secede and after Lin that a President should not be responsible by fa111ng to assert such in his message to coln was killed, Johnson stood alone as a for the acts of cabinet ministers beyond his the Senate after the removal; (5) that to President without a political constituency. control. Significantly, however, Johnson did allow such "tests" and "mistakes" would As a Democrat from the South, he did not not agree that Stanton was not covered by substitute the will of the President for the share many of the fundamental goals of a the Tenure of Oftlce Act. action of the law-making power which was Congress dominated by northern Repub On January 13, 1968, the Senate rejected tantamount to government by one man. licans. Worse, though he followed as nearly Johnson's reasons and voted to reinstate On Saturday May 16, the Senate voted on as he could Lincoln's plan for reconstruction Stanton. On January 14, Grant handed the articles "eleven, one and two"-nineteen for of the South, he was "temporamentally keys back to Stanton. Johnson was incensed. acquittal, thirty-five for conviction. Seven flawed" for such an onerous task. He had not Notwithstanding an almost certain knowl Republicans had voted with twelve Demo Lincoln's roots in the north and the Repub edge that his act would appear as a clear-cut crats for acquittal. It was not enough to lican party; nor his ab111ty to compromise violation of the law, Johnson on February 21, meet the stiff two-thirds requirement for and leadership; nor Lincoln's sensitivity to 1868 removed Stanton and replaced him with conviction. Thereafter the Senate adjourned powerful political stimuli. It is a tribute to a "nondescript Adjutant General of the sine die, and the drama. was ended. the immense power of the Presidency that Army," Lorenzo Thomas. Congress was ap If ever a President deserved impeachment, Andrew Johnson was not removed from that palled by the President's disregard for the it was Andrew Johnson. As has been seen, in office in 1867. law. Now the Congressmen were fuming. pursuing his own reconstruction policy, he The picture that emerges from all of this That same day, the House of Representatives ignored some congressional enactments, vio is quite contrary to the commonly held view. dug up an old impeachment resolution and lated the spirit of others, and in the end It was not the recusants, but their Repub passed it with the vote of every Republican flagrantly violated the letter of still another. Ucan colleagues who risked their political member of that body. His lame excuse that he was merely testing lives to vote with their consciences. It was The articles exhibited against Andrew the constitutionality of the Tenure of Office not the radicals, but the recusa.nts who ap Johnson accused him of violating the Tenure Act, having already exercised his veto power, pear to have strained the law to acquit John of omce Act by removing Stanton and ap seems to have come to Johnson (or his at son for whatever motives they may have had. pointing Thomas. However, the tenth and That the Senators• real motives were not torneys) only as an afterthought. As Presi wholly judicial is of little significance. That eleventh articles went further. Article ten dent he was not content with faithful exe read in part that on August 18, 1866: they were obscured by a legal veneer is un cution of the law, or expression of his dis fortunate. It served only to depricate any "The President, with intent to set aside approval by veto provided for him under the value the proceedings might have had as the rightful authority of Congress and bring Constitution. Johnson had shirked those re precedent. As it is, Johnson's acquittal leaves it into contempt, delivered certain scan- \ spons1b1Ut1es paramount to the ex~rcise of us with two rather dubious principles: l May 8, 1974 EXTENSIONS OF REMARKS 13863
1. The President could refuse to execute Some contend that the partisan nature of ment in its present form. Hamilton sug any law he believed unconstitutional; and impeachment makes it a dangerous and un gested the President be impeached by a 2. He could replace Senate approved ap usable weapon. As Theodore Dwight opined, tribunal composed of the chief judge of the pointees with his own choices without con "it is the weakness of a political tribunal Superior Court of each state. John Dickin firmation in the Senate. I would suggest that that ... it labors under the imputation of son of Delaware proposed that the chief ex these positions would be untenable if ad faction." But this criticism goes to the nature ecutive should be removed by Congress upon vanced today. of our governmental system, not to impeach the request of a majority of the state legis OBJECTIONS ment as a part of it. If we have incompetent latures. A resolution by Governor Randolf Johnson's impeachment brings to mind the or malevolent men running our government of Virginia gave jurisdiction of impeach numerous objections to the process that have none of its processes w111 work. Abuse of the ments to the national Judiciary. Under this been voiced over the years. These objections impeachment power is only incidental. plan presumably impeachments might have may be divided into four categories: Of concern also is the fact that the major begun at the district court level. The Report 1. objections to it's logistical problems: it investigatory bodies of the government--the of the Committee of DetaU given on August 6, is too slow and expensive; too narrow and F.B.I. and the I.R.S.-are under the control 1787 provided for a trial of impeachments unavailable; of the President who is the target of the in of the House of Representatives in the Su 2. criticisms of the qualifications of Con vestigation. The House is not equipped with preme Court. Madison too favored some gress: the House can't investigate them the staff or the resources to compete with the tribunal including the Supreme Court to try properly and the Senate can't try them judi executive branch. This is a serious problem impeachments. ciously; not so much with impeachment as with the In this area too, much emphasis has been 3. that it confUcts with other provisions o:t distribution of functions between the on the judiciary. The only serious alternative the Constitution; and branches of government. I would only point to presidential impeachment is presented by 4. that it has been circumscribed by devel out in passing that the resources necessary the English Parliamentary system. By a opments since its adoption and is now ob are not out of reach of Congress under the majority vote of "no confidence" in both solete. Constitution. Congress could undoubtedly Houses a prime minister may be required. 1. That impeachments are laborious and appropriate itself the money necessary for a to resign. Though simple, this method is not time consuming is obvious. Some authors thorough investigation under the necessary attuned to the American concept of an in have further contended that impeachment is and proper clause (Art. I, sec. 8, cl. 18). . dependent executive. too narrow as it only entertains "serious 3. It has been argued that impeachment, Alhough no one has proposed an alterna matter" and is unavailable for lesser offenses particularly in its broad definition, conflicts tive method of removing the President, alter and disab111ty. with other provisions of the Constitution. natives to judicial impeachment may in I should first point out that these remarks Specifically, the prohibition of Attainder and directly affect executive removal by rellev have been made in the context of judicial ex post facto laws. (Art. I. sec. 9, cl. 3); the ing some of the burden upon Congress. In due process requirements of the fifth and addition, procedures adopted to streamline impeachments and are better addressed to fourteenth amendments; and specific guaran that genre of removals. When the President judicial impeachments should undoubtedly is on trial these drawbacks become mere in tees in the Bill of Rights, such as the self· be referred to in executive impeachment. conveniences dwarfed by the magnitude of incrimination provision of the Fifth amend Discussion of impeaching judges usually ment. begin from the premise that it is unrealistic the proceedings. To begin with impeachment, no matter But the cumbersome and unavailable to expect Congress to supervise federal dis how broadly defined, is not Attainder. The trict court judges by impeachment. The nature of impeachments serves a purpose: 1t practices grew up along side of one another shields the President from malicious or ill question then becomes whether impeach and have different histories, procedures, and ment is the exclusive means of removal founded prosecutions. In the design of the uses. The most obvious difference, observed Constitution impeachment reflects a delicate under the Constitution. in American impeachments, is the neces Potts has offered a fairly representative balance between two fundamental and com sity of a trial. Requiring a trial as a pre peting interests: the need to somehow limit proposal whereby only the President and requisite for removal goes about as far as his Cabinet would be amenable to impeach the use of executive power and at the same possible in this area to insure fairness in time to insure the independence of the ment. Lesser administrative officers would be determining a man's fitness to hold office. removable through administrative hearings. executive. If it were any more accessible it The two-thirds majority requirement may might too easUy lend itself to abuse and Potts would create a special tribunal to try also serve to distinguish impeachment. The impeachments of the members of the judi destroy the independence of the executive. same is generally true regarding ex post facto As to disability, the twenty-fifth amendment ciary. Under his plan, panels of judges from law, the main difference here again being the the circuit courts of Appeal would try the has removed the necessity of impeachments. requirement of a trial. The due process and Lastly, the impeachment process is not District judges and the Supreme Court would the Blll of Rights arguments proceed from try the Appeal court judges. Potts tnen sug beyond legislative repairs designed to stream the assumption that impeachment is in es line and modernize it. gests that a special panel of district judges sence judicial. The specific guarantees of the try the Supreme Court Justices. 2. It has been said that impeachment BUl of Rights and Due process would as places too much power in the Senate; that Potts :teals this would not require a con sume their due importance if the impeached stitutional amendment. He argues the fram the independence of the other branches are officer stood to lose his life, liberty or prop~ too threatened by the power of impeachment. ers did not intend impeachment as the only erty. Here again it should be realized that means of removal of federal judges. He To this I give you Justice Story's question: he only may lose a political office bestowed To whom else should we entrust such an suggests that this method could be enacted upon him by the grace of a sovereign people. under the Necessary and Proper clause (art. awesome power? Certainly not to the su 4. Finally, it is true that the efficiency of preme Court as it is appointed by the Presi I, sec. 8, cl. 18) pursuant to the judic1a.l impeachment has been diminished by pas tenure clause (art. III, sec. 1, cl. 1) which dent and is too small and corruptible. In this sage of the 22nd and 24th amendments. But the size of the Senate is a decided advantage. prescribes that the tenure of federal judges it should not be concluded that these pro shall be during good behavior. Recall by the electorate is destab111zing and visions have made impeachment obsolete. unreliable. Legislative proposals on the subject are The twenty-second amendment wlll limit scarce and have not fared well in Congress. In this connection it should also be noted the length of time an unfit President may that no man may be tried by the Senate and In 1936, Senator McAdoo of California intro serve, thus reducing the incentive to remove duced a bill providing for a court composed removed until he has been accused in the him by impeachment; the 24th amendment House of Representatives. So the power of of ten court of Appeals judges, one from each partially delegates the power to remove an circuit, and the chief justice of the District executive removal is shared with the House. incapable President to the Vice-President Furthermore, 1f impeachment fulfills a legis of Columbia district court of Appeals as the and either (1) a majority of the cabinet presiding judge. The Court would have the lative rather than a judicial function, Con or (2) a majority of some body designated gress is the most logical choice anyway. power to remove district court judges for by Congress for the purpose. However, it misbehavior under the judicial tenure clause The power of impeachment must, as a should be remembered that the power of matter of course, lessen the independence (art. II, sec. 1) by quo warranto proceedings impeachment st111 exists in such cases. Fur instituted by the Attorney General. In this of the executive; that is its primary purpose. thermore, these amendments do not abro This fear was expressed at the adopting con same vein, a btil introduced in 1969 provided gate impeachment in its most critical use. for a panel of five judges from the courts of vention but was subordinated to the interest That is where a Presider:t, by abuse of his in limiting presidential power. Furthermore, Appeals to recommend removal of federal authority, begins to impinge upon the judges. if the President is operating within the liberties of the people. proper bounds of the Constitution he will not Preble Stolz and Ph111p Kurland have cited be hampered by the prospect of impeach ALTERNATIVES AND RECOMMENDATIONS the opinions of justices Black and Douglas ment. Impeachment therefore is a recognized Impeachment never looks so good as when in the case of Chandler v. Judicial council of exception to the separation of powers, and it is compared to what might replace it. The the Tenth Oircuit in support of the exclusiv will not yield to the objection that it is a framers kicked around and ultimately re ity of the impeachment remedy. Stolz pro violation thereof. jected a number of variations from impeach- poses avoiding the exclusivity problem by 13864 EXTENSIONS OF REMARKS May 8, 1974 modernizing the impeachment mechanism. mischief it seeks to prevent. However, I do the President had committed a crime. It has He enumerates !our attributes of an ideal recommend promulgation of some enactment been one aim of this note to urge that when system of impeachment: (1) one free from outllning impeachable offenses for our "civll things have reached the point of impeach partisanship; (2) confidential; (3) perma omcers" with a view toward putting them on ment such inquiries should become sub nently staffed; and (4) procedurally !air. notice that they may be impeached for less servient to the more important interests of Stolz !eels these objectives could be achieved than criminal misconduct. This would go far the state and its citizens. without the necessity of a constitutional toward satisfying any complaints as to the The legislators are compelled by no law amendment by a few changes in the Rules due process or e:c post facto clause require to impeach a man; even one they deem un of the House and Senate. ments. worthy. The danger always exists that myopic Stolz recommends the creation of a stand I would also advocate the adoption of set legislators, fa111ng to grasp the constitutional ing bipartisan committee on Judicial Fitness rules of procedure and evidence. This would importance of a President's actions, may in the House of Representatives. This com save the time of debating and adopting such allow our liberties to be eroded by a !allure mittee would be permanently staffed to avoid rules during diftl.cult periods. If Congress 1s to impeach. Fortunately, in the past the the characterization of act hoc that has at to continue to effectively supervise the be Congress has felt a moral compulsion to im tached to other committee staffs investigat havior of the judiciary, establishment of some peach which has demonstrated that im ing impeachment. The staff would investigate alternative removal procedure !or minor fed peachment is stm an effective removal complaints and draw up articles in appropri eral judges and lesser oftl.cers is inevitable. mechanism. ate cases. The Judici,al committee would vote I would follow Stolz's lead and set up a per We have also seen that hardly a viable al on the articles and the accused would be af manently staffed committee on Judicial Fit ternative exists given the peculiar history forded an opportunity to appear and answer ness empowered to investigate the conduct and circumstances of this country. How the charges in an executive session of the of the President. However, I would not en ever, certain supportive measures may be committee. dorse his proposal to allow the Senate to vote taken to strengthen the bond of Impeach If the articles were brought before the Sen on the report of a master. ment and make it more accessible as a check ate, that body would select a master to hear I feel that serious constitutional rights are on the Executive. the evidence and present findings of fact and affected, and such a change should come by It was pointed out in passing that two conclusions of law in a report to the full Sen constitutional amendment. Plans such as aspects of impeachment are central to Its ate. The Senate could then vote on this that proposed by Potts could also be explored, understanding. First that impeachment is a report. ever mindful of the constitutional problems legislative, not a judicial, determination. they raise. As such it should be evaluated under a some Something akin to Stolz's proposals areal Any certainty and ava1lab111ty lent to the what different set of rules. Second, that im most a necessity 1f the federal judiciary is to peachment wlll lie for non-indictable of be supervised. As regards the President, a law of impeachment by such enactments might also make impeachment more ap fenses. House Committee on Judicial Fitness could, In view of recent events in Chlle, Greece with a minimum of effort, extend itself to proachable by a timid Congress. This would be the greatest service that any such legis and many other places thoughout the world, cover the rare instances of executive impeach few words need be wasted in pointing out ment. Such a committee would also meet two lation might render. For no matter how well designed the device may be in theory, it that confidence in the rule of civil demo major objections to impeachment: that the cratic governments has been considerably House is not equipped for the investigations would be better not to have been created at all than to be so designed and never used. eroded in the past decade. In the United of impeachments, and the charge of bias. States, impeachment has long serviced a However, Stolz's recommendation that the CONCLUSION necessary political reality: the need for an Senate vote on a master's report rather than Though an impeachment is often com effective check upon the action of the execu hear the evidence themselves would deprive pared to an indictment, like all analogies it tive. It has often been the !allure to come the President of a full hearing before the is incomplete. We find impeachment to be to grips with this reality that has been the Senate provided for him in the Constitution. not a criminal prosecution, but a general In ruin Oil these democracies. As to Impeachment of the President, I quiry into the fitness of a man to hold oftl.ce. In this sense, impeachment should be as would not recommend a constitutional Theoretically a man need not commdt a dear to liberty in this country as the Bill amendment deleting or replacing the age-old crime to be Impeached; but in practice the of Rights and the Fourteenth Amendment. mechanism. Nor would I recommend any legislators have most often preferred to watt It is fundamental to the right of a people comprehensive law of impeachment. A cun !or a manifest violation of law. The only In to govern themselves. For In this connection ning executive would find just that excess not stance of presidential Impeachment was sub it should not be forgotten that the supreme prohibited under the hypothetical statute. merged in a quagmire of legal technicalltles, act of a sovereign people Is the removal of The language must remain as broad as the focused upon the sole question of whether an unfit ruler.
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