July 1, 1970 CONGRESSIONAL RECORD - HOUSE 22497 though we were obliged to strenuously fable gentleman from Kentucky (Mr. Rather than to reject the conference oppose the first amendment he offered. I CooPER). Mr. President, not only I, but report, therefore, I feel it is more con refer, of course, to the able Senator from all other Senators, salute the able Sena structive to go on record, again, that we West Virginia (Mr. BYRD). No Senator, tor from Idaho. He has done an extreme reject the concept that the Metro can be in my judgment, offered a more lucid ly fine piece of work, and I think that, kidnaped and held hostage to any par analysis of the constitutional implica in the long run, it will benefit the Nation ticular freeway. In forthcoming legisla tions of the Cooper-Church amend greatly. tion, I hope we can make our commit ment, throughout the whole course of the Mr. CHURCH. I thank the Senator. ment to sustained Metro construction debate. Furthermore, when the stakes Mr. MATHIAS. Mr. President, I deeply so clear that this situation will not de were high and the argument fiercely regret that the Senate conferees on H.R. velop again. joined, Senator BYRD never lost his civil 17868 were unable to persuade the other ity nor engaged in the use of a single body to accept the Senate recommenda PRO FORMA SESSION TOMORROW extravagant phrase to distort the issue tion of $34, 768,000 for construction of the he raised. I regard his conduct as an Metro system. Mr. BYRD of West Virginia. Mr. Pres exercise of self-discipline that all of us Above all, I regret that the Metro sys ident, tomorrow the Senate will convene would do well to emulate. tem is again being held hostage to the at 9 a.m. for a pro form.a session only, Many other Senators should be singled long-debated, long-delayed District of and it will then adjourn, under the out, including the leaders of the oppo Columbia freeway system. previous order, until 12 o'clock noon on sition, such as Senators GRIFFIN and Like many others, I am an advocate Monday next. DoLE. They were formidable, tenacious of a balanced transportation system adversaries and I salute them. for the Washington metropolitan area. ADJOURNMENT UNTIL 9 A.M. Finally, Mr. President, I pay special But to me this does not mean that delays TOMORROW tribute to those particular Senators in freeway construction must be balanced whose vote for the Cooper-Church by delays in building the Metro. It does Mr. BYRD of West Virginia. Mr. Pres amendment required them to asswne not mean that the subway system-which ident, if there be no further business to burdensome political risks. If I named has received unprecedented regional and come before the Senate, I move, in ac them here, I would do them no service, congressional support--should be subject cordance with the previous order, that but they played out their role in the to all the fl.ts and starts, or fits and stops, the Senate stand in adjournment until best tradition of U.S. Senators. which highway planning here unfortu 9 o'clock tomorrow morning. MT. BYRD of West Virginia. Mr. Pres nately involves. The motion was agreed to; and (at ident, the able Senator from Idaho is As I stated on Monday, the Metro sys 5 o'clock and 50 minutes p.m.) the Senate most gracious, as always. This is typical tem will be in a very real sense the life adjourned until tomorrow, Thursday, of him, and I think that the roll of those line not only of the central city of Wash July 2, 1970, at 9 a.m. who played such a prominent part here ington, but of the entire metropolitan in the Senate in the adoption of this area as well. It has been the beneficiary NOMINATIONS historic legislation very clearly includes of substantial financial commitments by the able cosponsor of the amendment, all of the suburban jurisdictions which Executive nominations received by the and I speak now of the Senator from will benefit from it. Now that construc Senate July 1, 1970: Idaho (Mr. CHURCH). Like Abou Ben tion has begun, we should exert all of ATOMIC ENERGY COMMISSION Adhem, his name leads all the rest. I our efforts to keep it on schedule, so Glenn T. Seaborg, of California, to be a think it was his equanimity, his courtesy that financing arrangements-in a very Member of the Atomic Energy Commission toward all, his patience and willingness tight bond market-will not be jeopar for a term of 5 years expiring June 30, 1975. to listen to the argwnen ts of other Sena dized in any way. (Reappointment). tors, his desire to cooperate with them I know that the Senator from Wis in accommodating their views, and his consin (Mr. PROXMIRE) and the other overall generalship in the handling of Senate conferees tried as hard as they CONFIRMATIONS the legislation, including the floor work could to convince the other body to ap Executive nominations confirmed by and the management of it, which con prove the $34,768,000 which the Senate the Senate July 1, 1970: tributed perhaps most of all, if any one had endorsed for the Metro. The con U.S. COAST GUARD Senator could be singled out for praise ferees did agree on several other im The following-named officers of the Coast with respect to the action of the Senate portant items, including $15.6 million for Guard for promotion to the grade of rear on the legislation to which he refers improvements at Blue Plains and suffi admiral: today. cient funds for the District of Colwnbia Austin C. Wagner I wish to share the Senator's view narcotics control and treatment pro William A. Jenkins point with respect to all of the other gram. It would therefore gain us noth DEPARTMENT OF JUSTICE Senators who played a role, and to join ing-and would only delay the bill-to William J. Bauer, of Illinois, to be U.S. with him particularly in his tribute to seek to return it to conference for an attorney for the northern district of Illinois his able cosponsor, the Senator and af- other try. for the term of 4 years.
HOUSE OF RE.PRE.SE.NTATIVES-Wednesday, July 1, 1970 The House met at 12 o'clock noon. We remember with affection and honor THE JOURNAL The Chaplain, Rev. Edward G. Latch, those who have given and are giving The Journal of the proceedings of D.D., offered the following prayer: their lives on behalf of our country and yesterday was read and approved. in the service of noble causes. By the Behold, how good and how pleasant it power of every life usefully lived, by the is for brethren to dwell together in spirit of every person worthily engaged, MESSAGE FROM THE SENATE unity.-Psalm 133: 1. may we make our Nation great 1n moral God of our fathers, as we draw near character, great 1n religious faith, great A message from the Senate by Mr. Ar the day when we celebrate the birthday in justice and in the brotherhood of rington, one of its clerks, announced that of our independence as a nation, we man. the Senate had passed without amend pause to acknowledge our dependence May the words of our mouths, the ment a concurrent resolution of the upon Thee, to thank Thee for Thy guid worship of our hearts, and the works of House of the following title: ing spirit in the past, and to pray that the our hands be useful in ushering in the H. Con. Res. 671.-Concurrent resolution power of Thy presence may fit us fully day when men and nations shall learn providing for adjournment of the House for the future. Without Thee we can do to live together peacefully, in freedom from Wednesday, July 1, to Monday, July 6, nothing, but with Thee all good and and with good will toward all. In the 1970. great things are possible. spirit of Christ we pray. Amen. The message also announced that the 22498 CONGRESSIONAL RECORD - HOUSE July 1, 1970 Senate having proceeded to reconsider the Cambodian invasion on April 30, the President's words, was to become "virtually the bill (H.R. 11102) entitled "An act only justification he gave was the saving one large base area." By way of strengthening of American lives. Yesterday he made it his rationale for going into Cambodia in the to amend the Public Health Service Act first place he ls even citing evidence from to revise, extend, and improve the pro clear that another objective was to save documents which were captured after we gram established by title VI of such act, the Lon Nol government, a new military went in aud the decision was made. He ls and for other purposes," returned by the dictatorship in Indochina. The venture saying, in so many words, that "in March President of the United States with his has cost 339 American lives, $5 million and April of this year, Communist troops objections, to the House of Representa in arms aid to the Lon Nol government, used their long held bases in Cambodia to tives, in which it originated, it was and a commitment for continued arms move against the government of Cam aid and air strikes. The President says bodia ..." Resolved, That the said bill pass, two So it wasn't, after all, jUSlt the immediate, thirds of the Senators present having he will also "encourage and support" direct threat to our troops in Vietnam posed voted in the affirmative. other countries wishing to send arms or by the enemy sanctuaries in Cambodia. It The message also announced that the troops to the rescue of the Lon Nol gov was also the long-term threat posed by the Senate had passed with amendments in ernment, raising the specter of Amer possibility of the Lon Nol government falling which the concurrence of the House is ican-paid mercenaries. His protestations to the Communists. The pattern of Commu of success are unpersuasive in view of the nist activity plior to his decision, the Presi requested a bill of the House of the f al dent said, "makes it clear the enemy was lowing title: facts that the Communists now control intent both on expanding and strengthening H.R. 15628. An act to amend the Foreign more of Cambodia than they did before its military position along the Cambodian Mllitary Sales Act. April 30, they have secured new supply border and overthrowing the Cambodian gov routes to feed the war in Vietnam, and ernment." The message also announced that the they have been unified in their opposi If that ls in fact the enemy intent, with all Senate insists upon its amendments to tion and have gained pledges of increased that this would mean, by the President's own the bill (H.R. 15528) entitled "An act support from Moscow and Peking. It admission, for Vietnamlzation and the safety to amend the Foreign Military Sales would appear that we can say, with Pyr of our troops, then it seems to us it ls a bit Act," disagreed_to by the House; reque~ts rhus, "Another such victory and we are early for throwing hats in the air and hailing a conference with the House on the dlS the greatest American victory since Inchon, undone." There being no objection, I as the Vice President has done. This ls not agreeing votes of the two Houses there would like to extend my remarks in the to question the "immediate military success," on, and appoints Mr. FULBRIGHT, Mr. RECORD with editorials in this vein from although there are a lot of authorities who SPARKMAN, Mr. MANSFIELD, Mr. CHURCH, the Washington Post and the New York do-who note the vast quantities of weap Mr. AIKEN, Mr. CASE, and Mr. COOPER to Times: ons and supplies that were not discovered and destroyed and wonder just how long the ef be the conferees on the part of the Sen [From the Washington Post, July 1, 1970] ate. fects of the operation will last. The message also announced that the CAMBODIA: THE PRESIDENT'S REPORT But even supposing that a really serious Senate disagrees to the amendment of Although there remains disagreement crimp has been put in Communist capabili about its long-term significance, about the ties in the oomlng months, it obviously be the House to the bill (S. 3685) entitled cost to our society of having taken this comes necessary, from Mr. Nixon's own anal "An act to increase the availability of action, there can be little disagreement now yses, to apply another test of his Cambodian mortgage credit for the :financing of over the immediate military success that has venture, over a longer term. It becomes nec urgently needed housing, and for other been achieved.-Presldent Nixon, in his re essary to await the fate of the Lon Nol gov purposes," agreed to a conference with port yesterday on Cambodia. ernment in Phnom Penh. In this connection, the House on the disagreeing votes of the This single sentence, from the President's it ls odd, to say the least, that the President, two Houses thereon, and appoints Mr. long, finru report on the cambodlan opera while including the now familiar checklist of tion, just about sums it up, as far as we are captured booty in his final report, had noth SPARKMAN, Mr. PROXMIRE, Mr. WILLIAMS concerned. That is to say, we agree that ing of significance to say about the course of of New Jersey, Mr. BENNETT, and Mr. the venture has achieved some immediate the Other Cambodian War; nothing to say TOWER, to be the conferees on the part military successes, as measured in captured about fighting around Phnom Penh; nothing of the Senate. weapons and supplies and killed enemy sol to say about the apparent concession by the The message also announced that the diers and smashed sanctuaries, as we have Lon Nol government of a huge northern Senate had passed a bill of the following noted all along, it could not fail in these ohunk of Cambodia to Communist control. title, in which the concurrence of the terms. And these were the terms laid down He had nothing, in short, to report about by the President in his announcement of what this means in terms of that other mis House is requested: the operation on April 30. "Our purpose ls sion of preventing Cambodia from becoming s. 703. An act for the relief of Arthur not to occupy the areas," the President said. one big sanctuary. All of which ls another Jerome Olinger, a minor, by his next friend, "Once enemy forces are driven out of these way of saying that he had very little of "long his father, George Henry Olinger, and George sanctuaries and their military supplies de term slgnificance"-ln his wor~ report. Henry Olinger, individually. stroyed, we will withdraw." So l t was to be search and destroy, all [From the New York Times, July 1, 1970] very familiar and rather routine within FRurrs OF CAMBODIA , HON. JOHN G. SCHMITZ South Vietnam for a good many years, the The most important result of the American Mr. SMITH of California. Mr. Speaker, only dlft'erence being that this was a sweep "incursion" into Cambodia which ended yes I ask unanimous consent that the gen into Cambodia up to a limit of 21 miles. As terday ls not the dubious military .achieve tleman from California, Mr. JOHN G. a. one-short, time-buying affair it was even ment claimed by the President in his lengthy SCHMITZ, be permitted to take the oath appealing, as long as that was really what report from San Clemente but the political of office today. His certificate of elec it was. The trouble about it, however, was reaction on Capitol Hill as reflected in Sen that officials did not leave it at that; in quiet ate passage of the Cooper-Church amend tion has not arrived, but there is no con background briefings for the press, a second ment. test and no question has been raised mission was suggested-that of easing the By adopting this amendment restricting with respect to his election. Communist pressure on the Cambodian gov future United States operations in Cambodia, The SPEAKER. Is there objection to ernment, in hopes of delaying, if not actually the Senate moved at last to reassert the con the request of the gentleman from cau preventing a Communist conquest of the stltutional role of Congress in committing f omia. entire country. Nobody wanted to say so out American forces to overseas military action. There was no objection. loud, because that would have tied us tightly The Senaite vot.e gives drama.tic voice to into a situation we could not hope to control widespread Congressional .and public doubts Mr. SCHMITZ appeared at the bar of without a far larger effort than the American about the wisdom of the Cambodian escala the House and took the oath of office. public would put up with. So the adminis tion which the President once again has tration merely hinted at this secondary mis defended with unpersuasive rhetoric. sion, as a fallba.ck, you might say, for those Mr. Nixon asserts that the two-month op CAMBODIA-ANOTHER SUCH VIC who were not entirely satisfied with the eration in the border sanctuaries, which cost TORY AND WE ARE UNDONE stated primary mission. 339 American lives, has inflicted heavy losses (Mr. EDWARDS of California asked Well, now we know. Now the President is in manpower and mat.erial on the enemy; and was given permission to address the saying out loud, as American troops are pull has eliminated "an immediate threat" to House for 1 minute to revise ing out, what he wouldn't say out loud as allied forces; has diminished the enemy's ca and and American troops were moving in-that we pacity for offensive operations in southern extend his remarks and include extra were trying to influence the outcome of the South Vietnam, and wlll save American neous matter.) developing struggle for Cambodia. for the ob lives and assure the scheduled withdrawal of Mr. EDWARDS of California. Mr. vious reason that it made no sense to clean American troops from Vietnam. These claims Speaker, when the President announced out lsolat.ed sanctuaries if Cambodia, in the may Largely be justified, although the ac- July 1, 1970 CONGRESSIONAL RECORD-HOUSE 22499 curacy of most of them remains to be demon nia, points out: the new secret tax cou A new federal law makes it illegal for them strated. pled with a recent Civil Aeronautics to do so. Of greater significance are the dismal facts Board decision permitting airlines to Federal instructions tell agents to leave that the Communists now control far more blank the spaces on the ticket designed to of Cambodia than they did when the allied round off fares to the next highest dollar show "fare" and "tax." Agents can fill in the thru&ts beg.an; that the Lon Nol Govern amounts to "twisting the inflation knife." only the "total" space. ment in Pnompenh is in a more precarious And both articles make clear that The tax increase--from 5 to 8 per cent on position than ever; that the Communists travel agents in the San Diego area have domestic tickets-is part of the Airport Air have secured new supply routes through been thoroughly intimidated, as well as ways Act. Signed into law last month, it's de which to infiltrate men and the additional infuriated, by this enforced secrecy; they signed to raise more than $16 billion in the supplies that have been promised by their next 10 years for airport improvements. friends in Moscow and Peking; that the are literally afraid to speak out, lest Big A provision of the law, however, requires American move has driven Indochinese Com Brother crack down on them. that the fare and tax be stated as a total munists closer together .and cJoser to Peking. I am completely unable to accept the amount only-in effect hiding the tax from America,n forces, in short, are leaving Cam rationale used by the Senate Finance the public. bodia in far worse shape than it was when Committee in initiating the requirement. A spokesman for the Internal Revenue they entered. Mr. Nixon indica.ted he will The argument that withholding of the Service in Washington, said the law specifi try to meet this new situation by giving information will save time that ticket cally prohibits ticket agents from listing how "encouragement and support" to interven clerks have spent in calculating the tax much the fare is and how much the tax is. tion by Thai and South Vietnamese troops- If the ticket a.gent broke down the two traditional foes of the Cambodians-on be pales to insignificance when matched charges he would be guilty of a misdemeanor half of the threatened Lon Nol regime. The against the threat to the historic right of and subject to a fine of up to $100, he said. Senate has prudently sought to foreclose this the American people to full knowledge "It's ridiculous," said one ticket agent. "We perilously unpromising gambit by retaining of the taxes levied against them by their have truth-in-lending, truth-in-packaging in the cooper-Church amendment a ban on Government. but if you want to know how much your taxes :financial support for foreign troops in Cam I am not a laWYer, but the possible are, we can't itemize it." bodia. Even if the House fails to uphold the constitutional implications seem so ob The provision was uncovered by columnist Senate action, as seems probable, the Ad Neil Morgan in checks with local ticket agents ministration is on notice that it faces power vious to me that I believe grounds exist and was reported in his column yesterday ful opposition to any such move. for a court test of this secrecy clause. in the Evening Tribune. The President ca.me closer to the mood of I would, therefore, urge airlines and A Senate Finance Committee report in Congress and of the country in those passages other directly affected parties to con February said the purpose of the new proce of his report in which he disavowed any faith sider an appropriate suit pending action dure is to eliminate delays in ticket price in a military solution to the Indochinese on my bill, which would simply strike the computation. Another aim is to avoid mis conflict and promised renewed efforts to seek offending language from Public Law 91- conceptions in advertising by giving cus a negotiated settlement for the entire region. 258 to permit, once again, disclosure of tomers one total price, the report said. I! he follows up these promising words with Travel agents in San Diego, however, said deeds--such as the prompt designation of a taxes and fares, as well as the full that the new rules have caused confusion and new top-level negotiator in Paris--he will amount of ticket costs, in both tickets delays. find the new mood in Congress, which he and advertising. "People are complaining about it," said Kay has so stubbornly resisted, is really an asset The articles by Mr. Morgan and Mr. Stewart, office manager of Continental Trail that can help him and the nation out of Learned follow: ways. "They don't understand why we can't an increasingly difficult predicament. [From the San Diego Tribune, June 25, 1970] put the tax down." She said it means "considerable more work" TAX ON AIRLINE TICKETS because the amount of fare on which agents LEGISLATION TO ELIMINATE A (By Neil Morgan) figure commissions is not stated. They have PATENT ABSURDITY IN AVIATION Is Uncle Sam trying to hush up the fact to first deduct the 8 per cent tax to find out FACILITIES EXPANSION ACT that he is raising tax on domestic airline what the fare is. tickets next Wednesday from 5 to 8 per cent? ''.It's a pretty rotten deal," added Jim Pyka, (Mr. VAN DEERLIN asked and was It seems that way to travel agents and airline ·~ss1stant manager of the Allied Travel Agency. given permission to address the House ticket agents here. All of them have written "They just snapped it on us." for 1 minute and to revise and extend instructions not to show the increase as a The act was signed into law May 21 and goes tax increase when writing the ticket. They into effect July 1. his remarks and include extraneous mat are warned in fact, not to itemize the tax The Federal Aviation Agency estimates that ter.) separately any longer, on penalty of a $100 the tax package will generate $665.8 million Mr. VAN DEERLIN. Mr. Speaker, I fine as provided by the new tax law (and during the next fiscal year. The bulk of it, am today introducing legislation to presumably to be levied by the Civil Aero some $526.2 million, will be paid by the eliminate what I regard as a patent ab nautics Board against the airline) . domestic traveler. International travelers are surdity in Public Law 91-258, the Avia On domestic tickets after July 1, only the to contribute another $28.4 million. tion Facilities Expansion Act. total ticket cost is to be shown; lines for One of the problems created is that travel Under terms of this otherwise ad fare and tax are to be left blank. "If a pas ers who have already purchased tickets for senger asks explanation for the fare in travel after July 1 will have to pay the mirable law, airlines and their ticket crease," the Air Traffic Conference has noti amount of the additional tax-amounting to agents are required, effective today, to fied travel agents, "give it verbally." 3 per cent of fare. conceal from passengers just how much No written notations a.re to be made by the Pyka predicted that a numbers of travelers tax they are paying for what. The pro ticket agent. will be unaware of the new tax and will walk hibition applies to advertisements as well Says travel agent Kay Stewart: "We can't into airports thinking they have a fully-paid as ticket forms-meaning that custom show tax as tax any longer without breaking ticket. ers are to be left completely in the dark a federal law and getting fined." "It's going to create havoc," he said. "The Under the change, airlines will round off ticket agents at the counter, they're busy unless agents are willing to risk stiff fines all fares to the next highest dollar ( striking a enough as it is. Now they're supposed to go by giving them a verbal breakdown of the preliminary blow for inflation) and then and figure out 3 per cent of the fare." fare and tax. levy the higher tax on the higher fare, tWist Under the law, the 8 percent tax would This restriction makes a mockery of ing the inflation knife.) cover flights from San Diego to any other city the public's right to know what their "It's all so creepy," says an airline ticket in the 48 continental states. Government is doing for and to them. It clerk here. "Nobody has ever warned us be Flights from San Diego to Hawail and is also retrogressive in the sense that it fore not even to talk about something like Alaska will be covered by another new tax on this with our customers." international trips. The airways bill provides reverses the recent congressional em Says the district sales manager of another a new $3-per-person tax on travelers going phasis on disclosure measures such as airline: "I almost hate to discuss it with you. outside the continental United States. truth-in-packaging and truth-in-lend For God's sake don't use my name. The whole Instructions issued to travel agencies by ing. thing has been treated like a deadly secret. the Air Traffic Conference of America, a gov· My attention was first drawn to this It sounds like Big Brother." ernment bureau which oversees travel agency matter by a Time-Life broadcaster, the operations, states: able Carl Coleman. [From the San Diego Tribune, June 26, 1970] "When quoting fare to passengers you must The San Diego Evening Tribune, in a give only the total price (tax plus fare). How AIRLINE TICKET LEvY SECRET BY LAW: "PSST- ever, there is no problem in telling the pas HOW MUCH OF THIS Is TAX?" June 25 column by Neil Morgan and a senger that the quoted price includes an 8 page 1 story the following day by Don (By Don Learned) per cent federal transportation tax. Learned, has also laid bare this injustice. An increase in taxes on domesttc airline "If the passenger specifically requests a As Mr. Morgan, one of the most widely tickets star..s Wednesday but don't ask ticket breakdown of the total fare, it may be given read and respected writers in Califor· agents to write .Jui; how much it amounts to. to him verbally." 22500 CONGRESSIONAL RECORD-HOUSE July 1, 1970 HOUSING NEEDS REQUIRE HOUSE act to agree to the Senate's version em Act may be cited as the "National Informa AGREEMENT TO H.R. 15845 bodying H.R. 15845. tion and Resource Center for the Handi capped Act". (Mr. RYAN asked and was given per SEC. 2. (a) There is hereby established, mission to extend his remarks at this HANDICAPPED NEED INFORMATION within the Department of Health, Educa point in the RECORD and to include ex CENTER tion, and Welfare, a National Information traneous matter.) and Resource Center for the Handicapped Mr. RYAN. Mr. Speaker, last week the (Mr. BENNETT asked and was given (hereinafter referred to as the "Center"). House passed the Emergency Home Fi permission to address the House for 1 (b) The Center shall have a Director and minute and to revise and extend his re such other personnel as may be necessary nance Act of 1970-H.R. 1749.5. While to enable the Center to carry out its duties this bill has some merit, it really does marks and include extraneous matter.) and functions under this Act. not adequately address the massive Mr. BENNETT. Mr. Speaker, the 42 SEC. 3. (a) It shall be the duty and func housing problem which today exists, and million handicapped persons and their tion of the Center to collect, review, organize, which will, if the administration's mone families in AmeriGa today face not only publish, and disseminate (through publica tary and fiscal policies are not changed, the burdens that their handicaps pre tions, conferences, workshops or technical continue to exist. sent, but also a worse fate-little knowl consultation) information and data related Previously, the Senate version of this edge of how they can help themselves. to the particular problems ca.used by handi As a handicapped person myself, I capping conditions, including information bill was passed on April 16. Yesterday, describing measures which are or may be the Senate voted to disagree with the know of the problems faced by people employed for meeting or overcoming such House version of the Emergency Home who become disabled. The lack of readily problems, with a view to assisting individuals Finance Act, and Senate conferees were available information on how they can who are handicapped, and organizations and appointed. develop and live normal lives is a detri persons interested in the welfare of the hand One provision of the Senate version ment to them as they go about their icapped, in meeting problems which are which was not embodied in the House daily tasks. peculiar to, or are made more difficult for, While we have many public and non individuals who are handicapped. version, and which the House and Sen (b) The information and data with re ate conferees will now have before them public organizations and agencies in spect to which the Center shall carry out its as a matter for consideration, is my volved in helping the handicapped, there duties and functions under subsection (a) bill, H.R. 15845. The language of this is no real centralized and consolidated shall include (but not be limited to) infor b111 was embodied in section 402 of the center to help the handicapped in their mation and data with respect to the fol Senate version, which reads: problems of employment, education, lowing- SEC. 402. The second sentence of section transportation, recreation, and other (1) medical and rehab111tatlon fac111ties 302(b) (1) of the National Housing Act (as activities. and services; redesignated by section 201 of this Act) is (2) day care and other programs !or young Today, I am introducing a bill to pro children; amended by inserting after "(l)" the fol vide for a National Information and Re lowing: "is insured under section 236 or." (3) education; source Center for the Handicapped in (4) vocational training; This is, in effect, the language of .ti..n. the Department of Health, Education, (5) employment; 15845, and of S. 3239, which was imro and Welfare. I join Senator ROBERT DOLE, (6) transportation; duced in the other body by the se111u1 of Kansas, in the introduction of this (7) architecture and housing (including household appliances and equipment); Senator from New York (Mr. JAVITS). legislation, which I believe will go a long way in helping the handicapped to help (8) recreation; and H.R. 15845 provides a significant and (9) public or private programs established necessary change in the present law by themselves. for, or which may be used in, solving prob permitting the Government National Over the last two decades I have spon lems of the handicapped. Mortgage Association-GNMA-to pur sored and supported bills to assist the SEC. 4. (a) The Secretary shall make avail chase section 236 mortgages which re handicapped of America. In the last Con able to the Center all information and data, flect the effect of local tax abatement gress, a bill sponsored by myself and the within the Department of Health, Education, programs, even though they are in ex late Senator from Alaska, E. L. Bartlett, and Welfare, which may be useful in carry ing out the duties and functions of the cess of the Association's statutory limits. was enacted into law, and it provides Center. Construction costs are so high in New that public buildings shall be constructed (b) Each other Department or agency of York City and other high cost areas that to be accessible to handicapped persons. the Federal Government is authorized to the present $22,000 per unit limit eff ec In this Congress, I have sponsored bills make available to the Secretary, for use by tively bars GNMA from purchasing sec enacted into law which provide for a the Center, any information or data which tion 236 mortgages there. While under National Center on Educational Media the Secretary may request for such use. present law low and moderate income and Materials for the Handicapped and ( c) The Secretary of Health, Education, to insure that the proposed Washington and Welfare shall to the maximum. extent housing constructed under the section feasible enter into arrangements whereby 221 (d) (3) program can exceed the $22,- metro system is designed and constructed State and other public and private agencies 000 limit if the project is receiving tax to be accessible to the physically handi and institutions having information or data abatement and the resulting rents are capped. which is useful to the Center in carrying comparable to those in projects whose Mr. Speaker, the bill I am cosponsoring out its duties and functions will make such per unit cost is less than $22,000, there with Senator DOLE, a leader in the effort information and data available for use by is no comparable :flexibility for section to help the 42 million handicapped per the Center. 236. Yet, section 221 (d) (3) is being sons and their families, would provide SEC. 6. There ls authorized to be appro a broad program of information and data priated for carrying out the purposes of this phased out and replaced by section 236. Act for the fiscal year ending June 30, 1971, It is essential that GNMA be given to the handicapped and to those private the sum. of $300,000, and for each fiscal year this :flexibility. In its absence, the financ and public agencies and individuals who thereafter such sums as may be necessary. ing and construction of section 236 proj are helping the handicapped. ects in high cost areas where tax abate I am hopeful for favorable depart ment programs are established, are seri mental reports and early hearings on this BUREAU OF CUSTOMS INVESTIGAT ously inhibited. H.R. 15845 is the solu legislation. The Congress can legislate ING DUMPING OF POWER TRANS tion. properly to provide an atmosphere in FORMERS The tremendous interest rates which which the handicapped can achieve a (Mr. VIGORITO asked and was given now prevail make the section 236 pro useful and productive life. A copy of the permission to address the House for 1 gram of prime importance, since it en bill follows: R.R. 18286 minute and to revise and extend his re ables Federal subsidization of interest marks and include extraneous matter.) A bill to provide for the establishment, payments. Consequently, any measure to within the Department of Health, Educa Mr. VIGORITO. Mr. Speaker, on June make section 236 more effective is of tion, and Welfare, of a National Informa 15, the Bureau of Customs announced prime importance. H.R. 15845, embodied tion and Resource Center for the Handi that it is investigating the dumping of in the Senate version of the Emergency capped large power transformers by manufac Home Finance Act, is a measure which Be it enacted by the Senate and House of turers in France, Italy, Japan, Sweden, directly goes to this end. Thus, I strenu Representatives of the United States of Switzerland, and the United Kingdom. ously urge the House conferees on this America in Congress assembled, That this This investigation is directed at unfair July 1, 1970 CONGRESSIONAL RECORD - HOUSE 22501 pricing on the part of manufacturers in tion and artifically encouraged to in Mr. WAMPLER. Mr. Speaker, I was these countries which poses a serious crease exports, foreign firms have sold in honored to participate in the United threat to the continued health of the the United States at prices far lower Mine Workers of America fish fry at U.S. large power transformer industry. than their home market price levels. Ex Bullitt Park in Big Stone Gap, Va., Sat My district has a particular interest in ports to the United States have been urday, June 20, 1970. It was sponsored this antidumping proceeding because a priced as low as 22 percent of prevailing by the local unions in Wise and Lee Westinghouse large power transformer home market levels. This means that the Counties of District 28, which is in my facility is located at Sharon, Pa., and foreign companies are charging their Ninth Congressional District of Virginia. employs more than 4,000 workers in the domestic customers as much as four Carson Hibbitts is the president of Dis production of large power transformers. times the prices charged to United States trict 28. Consequently, I have sent the following purchasers. W. A. "Tony" Boyle, international letter to Mr. Myles J. Ambrose, the Com These sales in the United States at president of the UMWA, attended the missioner of Customs: prices drastically below those charged to fish fry, as did Edward L. Carey, chief It has come to my attention that the Bu home market purchasers constitute a counsel for the UMWA. I would like to reau of Customs is presently investigating clear example of dumping. Such interna insert in the CONGRESSIONAL RECORD the the dumping of large power transformers by tional price discrimination has been con remarks of Tony Boyle: manufacturers in England, France, Italy, demned by every major international Fellow coal miners, your families and Japan, Sweden, and Switzerland. trading nation and is specifically de friends--! would like to greet some of our This matter ls of particular concern to nounced in article VI of the General friends who are here today. me because of the location withih my Dis Agreement on Tariffs and Trade. Con First let me call to your attention that trict of the Westinghouse power transformer a man sitting on this platform-Congress facility at Sharon, Pennsylvania. That fa gress has dealt specifically with such problems by providing for the imposition man Wampler-has worked diligently for coal cility employs more than 4,000 workers, who miners throughout all the time we were try are vitally interested in protecting the U.S. of special dumping duties under the ing to enact the Federal Coal Mine Health large power transformer industry against Antidumping Act of 1921. The imposition and Safety Act. Others get to the newspapers unfair pricing by foreign manufacturers. of such duties on imports of large power and let it be known they are working on be It seems clear that the American industry transformers is urgently needed to pro half of you. But this ma.n, let me assure you, urgently needs the protection against unfair tect American industry and labor en is always ready, willing and competent to do pricing which Congress has provided in the gaged in the production of such equip the things the United Mine Workers of Antidumping Act. I am informed that for America called upon him to do. He never let eign firms have already captured a signifi ment. Moreover, the present proceeding represents a significant step toward us down. Thank you, Congressman Wampler. cant portion of the U.S. market, including General Counsel Carey, I am glad you could substantially all U.S. Government business, achieving meaningful enforcement of the come down from Washington. tha.t some U.S. companies have already laid Antidumping Act of 1921. President Hibbitts and your committees off workers, that a worsening of this situa who worked so hard to make this celebration tion can be expected unless some action is a success, and a.ll of my fellow officers and taken against unfair foreign competition. UKRAINIAN STRUGGLE FOR friends, thank you for coming. I feel that it is essential that American INDEPENDENCE I am deeply grateful for your kind invita industry and labor receive promptly the full tion to be with you today. The locals in Dis protection afforded by U.S. law. In the past, (Mr. KLEPPE asked and was given trict 28 banded together to make this fishfry prompt relief from dumping has sometimes permission to address the House for 1 a wonderful success. This is a sign of our un been delayed by the tendency of antidump minute and to revise and extend his breakable unity because when folks get to lng proceedings to be lengthy affairs. I am gether to have fun, they are united in the therefore especially encouraged by your ap remarks and include extraneous matter.) Mr. KLEPPE. Mr. Speaker, each year more serious business of keeping our union parent intention to expedite the present together. antidumping investigation to the fullest ex on January 22, we take time to give moral Needless to say, the kind words that accom tent possible. I would very much appreciate support to Ukrainians for their gallant panied your invitation were appreciated. being kept informed as to its progress. struggle for independence and against Those words gave me credit for achieving new I regard the investigation now being Communist aggression. benefits for miners. Being human, I like to pursued by the Bureau of Customs as a Each year Governors and mayors feel that I have earned some of that credit, throughout the country proclaim Janu but most of the credit must go to a.11 of you particularly significant step in the pro here and the thousands and thousands of tection of American industry against un ary 22 as "Ukrainian Independence Day.'' The year 1970 marked the 52d anni other mine workers who make up our union. fair competition from abroad. The dump We have made progress only because we ing activities which are the subject of this versary of Proclamation of Independence have remained united. It was mine worker proceeding are made possible by the fact of Ukrainian National Republic and the unity and determination that built our un that manufacturers in Europe and Japan 5lst anniversary of the Act of Union, ion. It was mine worker determination and enjoy a privileged position in their home whereby all Ukrainian lands were united unity that lifted us from the industrial markets, totally unlike the free competi into one independent and sovereign Na serfdom that once marked our industry. It tion which prevails in the United States. tion. has been mine worker unity and determina It was over 75 years ago that Ukrainians tion which kept our union strong and per Typically, these manufacturers make i:p.ltted us to achieve the standards we have substantially all of their home market came to my State of North Dakota and won. sales to government-controlled purchas contributed to its development. On be This past week we commemorated the 46th ing bodies which buy exclusively from half of them and Ukraillians throughout anniversary of the infamous Ludlow massacre domestic manufacturers. In fact, Amer the United States, I am today introduc where mine workers and their families were ican firms have been unable to sell large ing &. resolution calling for official recog slaughtered by the State militia and the Na nition of January 22 as ''Ukrainian Inde tional Guard and the company thugs of that power transformers in any of the six day. There a.re stlll some among us who re countries named in the Bureau's notice of pendence Day" and authorizing the President to issue a Presidential procla member Ludlow and other bloody events that investigation. Therefore, free from for have marked our union's history. What we eign competition, the overseas manufac mation each year designating January 22 have won, we have won with the blood, guts, turers can and do maintain high home as "Ukrainian Day.'' and spirit of mine workers and mine worker market price levels and sell their excess I would urge my colleagues to join fam1lies. Let us never forget it; let us remem capacity abroad-principally in the with me in sponsoring similar resolutions. ber that our strength lies in ourselves, not in Such action would provide tremendous self-proclaimed saviors who promise to save United States at sharply reduced prices. us from ourselves. Moreover, foreign large power trans morial support and would represent a positive demonstration of this country's We have come through a trying period dur former firms receive considerable export ing the last year. We have seen our union incentives from their governments. These desire to speak out against repressions attacked from within and from without. include rebates of value-added taxes, ac sweeping the Ukraine. Outsiders have Joined with some inside our celerated depreciation allowances and house to attack the good name of the United other income tax advantages, and rebates Mine Workers of America, a.nd to divide mine UMWA FISH FRY worker against mine worker, pension member of duties on previously imported com against working member, and brother against ponents and materials. In some cases, (Mr. WAMPLER asked and was given brother. manufacturers have even received direct permission to address the House for 1 Despite the attacks upon us, our union re export subsidies. minute and to revise and extend his re mains strong and intact. Following the elec Thus protected from foreign competi- marks and include extraneous matter.) tion last year, I pledged to work to reunite 22502 CONGRESSIONAL RECORD -HOUSE July 1, 1970 miners and to heal the wounds within our dictions and inconsistencies in the hysterical program that was laid down to you during union. This remains my major goal. Despite testimony of our accusers. the last year. The UMW has already begun. continuing attacks upon the UMW and upon The truth emerged further when George Some delays have been encountered because me personally, we have made significant Shultz, formerly Secretary of Labor, testified we have been forced to face our challengers progress in that direction. befo1·e the same committee. The Secretary and to defend our union. We have done so I serve notice upon the entire nation here testified that his Department and the De successfully and we intend to move ahead. today that our union remains unbreakable partment of Justice had nuuie a painstaking In spite of the economic problems in the in spirit, and that in the years immediately investigation of the charges against the UMW American economy, the demand for coal ls ahead, we will achieve far greater gains than and its leadership. The Secretary testified zooming. Coal prices are soaring and the ever before. they talked to representatives of 882 local operators are making hay. If we close ranks I serve notice upon the coal operators unions during the course of the investiga and present a solid front to the coal opera who have hoped that we would be shaken tion. tors, we will make the greatest progress in apart that we will meet them in negotiations Secretary Shultz testified. our history. This I promise you. next year backed by the greatest solidarity That the Department of Labor and the We will work for a fifty dollar a day wage. in our history. Federal Bureau of Investigation found no We will win higher pensions and other I serve notice to those within our ranks, evidence that the UMW leadership had in major gains in welfare benefits. who stlll refuse to accept the will of the stigated violence in last year's election; We will refuse to subsidize the coal Indus· majority and who would divide us against That the National Bank of Washington did try, the utilities, the steel industry and other ourselves, that their propaganda will fall not lend money to finance the campaign of coal users by accepting less than a just upon deaf ears. the Boyle-Titler-Owens ticket; wage, modern welfare and pension benefits I serve notice upon all Federal agencies That my opponent had been punched in and other working conditions. who would interfere in our affairs that they the jaw by a UMW member whom he made It is my hope that the coal operators will will not break the unity of the United Mine angry and that the UMW leadership had see things our way because it will be to their Workers of America. nothing to do with this fight or any other benefit. I serve notice upon those outsiders who violence. One of the major problems in the coal in have sought to take us over that we will re The secretary testified that there was no dustry is the lack of trained mine workers. main masters in our own house. karate chop, although outsiders and the press We can recruit and train new miners in our Only recently in Philadelphia, a leading had played this up. This was just one sam industry 1f we had a wage structure com spokesman for certain outsiders called upon ple of the "big lie" and the press has done mensurate with the skills we now require the Federal Government to move against our nothing to promote the truth about it. and the risks we must take. union. He libeled the UNW as an "island of The secretary said during his testimony Unless the Federal Coal Mine Health and tyranny." In so doing, this self-proclaimed and I quote "our investigation did not dis SaHey Act is properly enforced, there will savior sought to incite violence ,in our ranks close a sufficient basis for alleging that vio continue to be a shortage of trained mine by warning that blood would flow unless the lence during the election period affected the workers. The UMW intends to see to it that Federal Government moved against us. outcome of the election." the new law is strictly enforced. We have As the Ludlow massacre reminds us, Gov The charges hurled at us were false. Mem stated over and over that the overriding ernment intervention in our internal union bers of the UMW went to the polls and reg consideration in law enforcement must be against the welfare of the mine worker. As istered their choice of officers in a democratic the health and safety of mine workers. we remember our members who have shed election. That is what we seek and that is what we blood in strikes to better the lot of the miner Immediately after the death of the late shall obtain. We are shocked at the lawsuit and as we remember our members who have beloved John L. Lewis, the UMW interna brought by nonunion mine operators to pre died in the dark of the mine, let us remem tional executive board designated me as the vent the enforcement of the law. We will ber that our salvation lies in our mutual UMW trustee of our welfare and retirement fight them in the courts and through new bonds alone. fund. For quite some time I had been ex organizing drives. We are here today to enjoy ourselves amining the fund's financial position and had Last Labor Day, I said that if a lawyer or and I, too, want to join in the fun. Never concluded that it was sound. I was deeply a doctor is worth $50 per hour, a skilled coal theless, let us take time here and now to troubled because the $115 monthly pension miner is certainly worth $50 per day. I repeat give a resounding "no" to all who call upon payment was so inadequate. I met with the that claim. We intend to get what we are the Government or any other outside group operator's trustee and obtained his consent worth. But we will get what we are worth to dictate how we shall run our union. to increase the pension to $150 monthly. only if we are united. We will get what There is already far too much violence In the eyes of some outsiders, my action t.o we are worth only if we do not weaken our in this Nation and in the world. If there is increase pensions was a crime. They have union or our own personal financial capabil violence in the coal fields, it is not we who sought to make your pension a political ity to take on the coal operators when next will provoke it. We seek no civil wars among football. It was certainly gratifying to hear year's negotiations come around, we must ourselves. We seek only to unite miners and the former Secretary of Labor testify that prepare now. to make certain that the will of the ma they found nothing illegal, immoral or wrong It is easy to understand the impatience of jority shall prevail. in any way in our vote to raise your pen coal miners with some of the working con We have been maligned and libeled and sions. ditions that the coal operat.ors seek to impose subjected to ugly name-calling and to out We in the UMWA have always interpreted upon them. I understand the reaction that right lies. Some people claiming to be friends our constitution to permit locals to continue says "close the mine and strike 'em dead." of labor have brought down upon us and in operation as long as they have members. But let's look at the consequences. the entire house of labor a vicious attack Although our constitution requires 10 mem The coal operators want us to wear our and proposed anti-labor laws that, if en bers to charter a local, the UMW does not selves out before our next contract comes acted, would set this Nation back 100 years. thereafter revoke a charter just because there around. They want us to fight with each We of the United Mine Workers of Amer are less than 10 working members remaining other. Oh yes, the operators complain about ica need no such friends. We reject them. in the local. We have always taken the posi wildcat strikes, but yet they seem to incite We have met their challenge in a free a,nd tion that pensioners are entitled to hold them almost as a policy. open election. And we won. membership in our union and that, as full Let's keep our cool. Now, finally, the truth has begun to emerge fledged members, they are entitled to vote Let•s use the grievance procedure to re into the light of day. As the truth emerges, in elections for international officers. solve our disputes. Every district is being it becomes clear that your union and its Some outsiders charged that locals with alerted t.o the importance of speeding up the leadership have been falsely accused. Un fewer than 10 working members are "bogus" settlement of grievances through the dispute fortunately, the same press which took such locals and on that basis they went t.o court machinery of the contract. Let's hold on delight in trying to blacken our name has to try to deny the vote to 80,000 members. let's remain at work-while the grievances done little to make amends. They did not succeed. They did not succeed. are processed. If the grievance machinery The truth began to emerge recently before The Secretary of Labor found that the doesn't work right, let's find out why and a body of the United States Senate. When entire issue was bogus--not the locals. He change it in our next contract. this investigating subcommittee was formed, testified that he fully agrees with our in We honestly think we have a good griev there were cheers from those who have terpretation of the UMW Constitution that ance procedure, one of the best in industry. hurled charges against us. To clear our name, pension members are entitled to vote. The We would all be better off if we would re I requested and received an opportunity to important thing to remember ls that the dedicate ourselves to making the grievance appear and to answer our tormentors. very people who tried to deny almost 80,000 procedure work. You will have the full co We welcomed those hearings because we UMW members the right to vote a.re the very operation of the international union. had nothing to fear and because they gave same people who are trying to label our The last thing we want is to be "all struck me an opportunity to refute the false charges union as undemocratic. out" when our next contract comes around. made against us. We had nothing t.o hide, During the last year I have visited with If we have weakened ourselves by unauthor and the truth began to surface. As one re thousands and thousands of our members ized work stoppages, the operators will fight porter co:rrunented, "they didn't lay a glove in the field. I welcomed your invitation today back hard. They will be far more cooperative on him," meaning me. On the other hand, to come to Virginia and talk with you and in negotiations if we are united and in good the public began t.o notice certain contra- listen to you. We intend to carry out the fighting trim. July 1, 1970 CONGRESSIONAL RECORD-HOUSE 22503 If we close ranks now, keep our cool and an opportunity to read it and appreciate cilities bills, Mr. Nixon has demonstrated rally behind our union, we will have the its meaning and sincerity. a willingness to pit himself against the greatest opportunity in our history to make On May 29, 1970, I received a very fine sacred cows of this society and to make contra.ct progress. What has gone before will seem only a letter of appreciation from Mr. Miller himself the target of those political prelude. for my insertion of his letter into the pharisees who so sanctimoniously con With unity and solidarity as our watch CONGRESSIONAL RECORD and, tragically, in demn all who disagree with their sim words, we a.re going to roll this union on. the wake of that letter, the news service plistic view of how to achieve the peace, Together, we will work new wonders for carried an announcement that Pvt. Jef in order to do what he believes to be right ourselves. frey H. Miller was killed in action in for his country. Thanks to ea.ch and every one of you for Vietnam. If it were true, as some of his critics coming today. God Bless You. Thank you. I wrote Mr. and Mrs. Calvin H. Miller wishfully predict, that such actions a letter of condolence, and just recently should make him a one-term President; RESTORATION OF PRAYER IN I received a letter from Mr. and Mrs. he would choose this rather than to do SCHOOLS Miller which stated as fallows: what he believes to be wrong. It is better, We acknowledge your kind expression of Mr. Speaker, for a man to be a private (Mr. CARTER asked and was given sympathy in the death of our son, Pfc. Jeffrey citizen with the courage of his convic permission to address the House for 1 H. M1ller. We ask you to refer to the Con tions than to hold the Nation's highest minute and to revise and extend his re gressional Record of the 91st Congress, second office and fail to follow the dictates of marks and include extraneous matter.) session, vol. 116, page 16661. We stand firm his conscience. Mr. CARTER. Mr. Speaker, for years on that letter. But even those Americans who dis resolutions have been introduced to per Mr. Speaker, the letter to which Mr. agree with his decisions, as I have done mit voluntary participation in prayer in and Mrs. Jeffrey H. Miller referred was on some domestic issues, find in our public schools. I have been approached the one I had inserted into the CoN President a man for all seasons. Through on this subject by many ministers, GRESSIONAL RECORD of May 21, 1970, a the good years and the bad Richard priests, and interested laymen, all of letter written when their son Jeff was still Nixon, as a Republican, has given him whom asked for restoration of prayer in alive, a letter which expressed the deep self to the service of his party and to the schools. understanding they had for their son's election of its candidates to public office. Daily this House is opened with prayer. service in Vietnam. There is not a State in the Union or How can we deny our children a privilege Mr. Speaker, this represents a remark even a congressional district in which we here enjoy? Is it because one man on able demonstration of patriotism and Richard Nixon has not labored in the the Judiciary Committee blocks this res dedication, reaffirming a patriotic con Republican vineyard. It is, therefore, un olution? Should we permit one Mem viction after the loss of a dearly loved one thinkable that he would receive anything ber, however sagacious or respected, to in military action. other than the absolute loyalty of the thwart the will of this House and the I am extremely proud and, in fact, very Republican Party and its overwhelming vast majority of our constituents? humble to have the privilege of represent vote of confidence at the next nominating Today, I ask, Mr. Speaker, that Mem ing a family that has made the supreme convention in 1972. bers favoring the permission of voluntary sacrifice of a son in the cause of their Through the long years of his public participation in prayer in our public country and who, while their hearts are service he has distinguished himself re schools sign a discharge petition on my torn with grief, muster the strength to peatedly in the House, in the Senate, as resolution, House Joint Resolution 337, say of their conviction, "We stand firm." Vice President, and now in 0ur Nation's or the resolution of any other Member Again, I extend my condolence to Mr. highest office. There is, therefore, no allowing such prayers. and Mrs. Jeffrey H. Miller, and to Jeff's doubt in my mind, Mr. Speaker, but that grandmother, Mrs. Effie Mummert. These he will be reelected to the Presidency by citizens exemplify the highest type a resounding margin. The American peo CONDOLENCES TO PARENTS OF American that can be found in this land. ple have found in our President a man SOLDIERS SLAIN IN VIETNAM who stands so tall he makes his critics look small indeed. (Mr. GOODLING asked and was RICHARD NIXON-A MAN FOR ALL given permission to address the House SEASONS for 1 minute and to revise and extend HE KEPT WORD his remarks and include extraneous
use. Thus, laboratory evidence accumu RAILROAD Is USING DISPUTED SPRAY-PENN American prisoners of war held in its lated in 1966 was not presented to re CENTRAL CLEARS LAND WITH 2,4,5-T custody. True, our Government has con sponsible officials until 1968. Public dis HERBICIDE veyed our interest frequently and firmly closure was not made until 1968, and (By John C. Devlin) in this regard. But the most eloquent ex action was delayed until 1969 when Con The Penn Central said last week that it pression of public opinion can come from was clearing away weeds and shrubs along the public itself. The Government of gress became alarmed. The steps finally its New Haven Division right-of-way with a taken to suspend 1and cancel the use of spray that contains a chemical herbicide North Vietnam must not succumb to any 2,4,5-T seemed to be the beginning of almost entirely banned by the Pentagon in self-deception on the prisoner question. what would soon be a total ban. In fact, Vietnam. The people of the United States will not they were a mere bureaucratic slap on The herbicide known as 2,4,5-T, has been tolerate any arrangement for the perma the hand of industry which will resume reported to cause birth defects in laboratory nent cessation of hostilities which does even increasing sales of 2,4,5-T in the animals, and Federal authorities have said not provide for the immediate return of country this year. Ironically, this is due, it poses "imminent danger" to women of American prisoners of war. In the mean child-bearing years who eat food grown in time, the one gesture which Hanoi could in part, to a decrease in defoliation in areas using the spray. Southeast Asia, which makes more of Frank Manganaro, manager of the rail make now as evidence of its desire to co the commercial products available for road's environmental control department, operate in a negotiated settlement of the domestic consumption. noted that the Federal Government allowed conflict would be its announcement of the Mr. Speaker, for a quarter of a cen use of the spray for control of weed and names of such prisoners held, its release tury, the Agriculture Department has brush on range, pasture, forest, rights-of of the seriously sick or injured, its per authorized the unrestricted use of agents way and other non-agricultural land. mission of partial inspection of prisoner containing 2,4,5-T. Despite its danger to The dangers of 2,4,5-T were pointed up of war facilities by neutral observers, and when the United States virtually stopped of the free exchange of mail between the human life, which some experts put at using the herbicide as a defoliant in Viet the level of thalidomide, it is not even nam. Interior Secretary Walter J. Hickel re prisoners and their families. Expressions known how many formulations of this cently included it among pesticides and of concern along these lines from U.S. kind are on the market. The Pesticides herbicides that he virtually banned on more private citizens would certainly confirm Regulation Division of the Department than 500 milllon acres of Federal lands. the nature and degree of American public of Agriculture was informed that no such QUESTIONED BY COMMUTERS support for our Government's position in list exists, because no one has ever asked Its use by the railroad was disclosed by the matter. It is for the foregoing reasons for one. its officials after some of its commuters no that I join Congressman OBEY and other Mr. Speaker, I ha"Ve written to the Sec ticed the dying vegetation along the right colleagues in making it possible for my retary of Agriculture requesting such a of-way and asked whether 2,4.~T were being constituents to participate in such a col used. Mr. Manganaro said it was mixed with lective expression of national concern. list. I am appalled that this information 2,4-D, another herbicide that has come un is not available to those in the Depart der fire recently, and sprayed only on heav ment who are responsible for regulating ily overgrown areas only on windless days, SOUTH AMERICAN ECONOMIC its use. I hope my action will assist the so that there "is no danger." RELATIONS Agriculture Department in carrying out Less toxic weed k1llers are used in other its legal obligations. areas, he said. (Mr. PEPPER asked and was given But more important is the manner in Controversy has revolved around use of permission to extend his remarks at this which the regulatory powers are now 2,4,5-T for months, and last April 15 Fed point in the RECORD and to include ex invested in the Department which has eral authorities acted to restrict its use be traneous matter.) cause of its potential danger to women of Mr. PEPPER. Mr. Speaker, at a time shown so little interest in the health of child-bearing age and their offspring. those who come into contact with this The Federal order was aimed at restrict when the youth of our country is being chemical. Agriculture officials still do not ing interstate shipment of the herbicide in widely criticized for violent action and feel that 2,4,5-T used on rangeland liquid form. The nonliquid forms, not con disregard of our political system, it is grazed upon by cattle is potentially dan sidered as harmful, will remain on sale pend most worthwhile to recognize and give gerous to those of us who eat meat. Why ing further study. The Federal action does praise t.o young scholars who only find in not affect sales of the herbicide already in complex world problems a reason to dedi they do not draw such a conclusion es retail stores nor has it stopped use of prod capes me, but since this is the case, reg cate themselves to knowledge and under ucts containing the chemical already pur standing. It is my privilege to have re ulatory responsibilities must be shifted to chased by home gardeners. cently met such a young man from my those agencies which are primarily con However, home gardeners were urged not cerned with the health and welfare of to bury, burn or flush it down drains and district. our citizens. to wait until further studies determined Mr. Enrique Balseiro, a high school Accordingly, I introduc~ a bill to how to get rid of it. student in Hialeah, was selected from 800 strengthen Government control over the The Army was reported to stlll use 2,4,5-T students as the winner of the third an regulation of herbicides. in a few isolated areas. nual essay contest sponsored by the Dr. Arthur W. Galston, professor of biol Miami Regional Export Expansion Coun The bill would amend the Hazardous ogy at Yale University, warned against use cil, an advisory group to the U.S. Depart Substances Act to provide for more eff ec of 2,4,5-T anywhere, and cited "its thalido ment of Commerce. The first prize in tive protections against the hazards mide-like action," a reference to the drug this contest was a trip to Washington for caused by economic poisons. that resulted in the birth of many deformed babies in 1960-61. Mr. Balseiro and his social studies The bill would require the Secretary of teacher. Miami, through its enterprising Health, Education, and Welfare to review and talented business executives has been all pesticide labels prior to registration NEW PHASE OF NEGOTIATION TO a pioneer in the area of encouraging the and to approve only those which protect expansion of trade. the public health. It would thereby pro WARD A RESOLUTION OF THE INDOCHINA CONFLICT Mr. Balseiro's essay is entitled "Trade vide for an independent check on the De Preference to Latin America: Economic partment of Agriculture by HEW offi (Mr. SYMINGTON asked and was Necessity or Not." It explains eloquently cials. In the past, HEW has only had an given permission to address the House for the importance of foreign trade with this advisory role, and its advice has often 1 minute and to revise and extend his area to our economy and foreign rela been rejected by Agriculture. Under this remarks.) tions generally. Trade as we all know, bill, both agencies would be required to Mr. SYMINGTON. Mr. Speaker, the has an integrating effect on nations, approve any herbicide before it is per President indicated yesterday that we are breaking down the cultural and politi mitted on the market. entering a new phase of negotiation to cal barriers which exist between them. In the meantime, doubts about the ward a resolution of the Indochina con This young man has displayed a rare present use of 2,4,5-T and other poly flict. One thing we know. The Hanoi gov insight into these issues, and I am pleased chlorinated defoliants and pesticides can ernment studies American public opin to commend it to my colleagues at this best be resolved by imposing an immedi ion with great care, if not always with time: ate ban until it can be shown conclusively great accuracy, in the formulation of its TRADE PREFERENCE TO LATIN AMERICA: that these compounds do not threaten bargaining position. One area where in ECONOMIC NECESSITY OR NOT the health of the American people. accuracy on its part must be avoided is Latin America has long been associated The article referred to follows: with respect to the treatment accorded with turbulence and revolution. In the past July 1, 1970 CONGRESSIONAL RECORD - HOUSE 22507 decade, however, the establishment of such nist bloc of nations for the aid which they In short, Simon Bolivar once said that the programs as the Alliance for Progress and need and can't get. goal of the Americas was to be the greatest the L.A.F.T.A. has brought a new note of What, then, can be done to improve the lot region on earth; "greatest not so much by progress to this troubled region of the world. of these La.tin nations? How can relations virtue of her area or her wealth, as by her Mexico, one of the once-turbulent nations between the United States and these na freedom and her glory"-and perhaps with of the hemisphere, has since the early six tions be improved? The answer seems to lie greater cooperation among all of the Amer ties fairly settled down and set to work on in the granting of trade pre'ferences by the ican nations this vision will come true. internal improvements. In recent years other United States to Latin American nations and BIBLIOGRAPHY Latin American nations have also begun to in the promotion of better, more liberal trade climb the steep road of progress, and though agreements between the parties involved. At "After La.tin Americans Seize Foreign Prop their rate of change is not nearly as rapid present, the nations of Latin America do not erty," U.S. News, LXVII (November 8, 1969), as it should be, these nations are neverthe enjoy trade preferences anywhere, and ac pages 55-56. less making a valid effort at improving their cording to them the United States should be Johnson, Lyndon Baines, "Foreign Policy economies. their special customer! Request for trade is the People's Business," Department of As the decade progressed, however, a preferences was the theme of the Punta del State Bulletin, Volume 58 (Aprll 8, 1968). marked increase in anti-American feelings Este conference (a meeting u.: American pages 457-458. by many of the Latin American nations has Presidents in the spring of 1967). To back Linowitz, Sol M., "Hemisphere Cooperation led many of this nation's leading citizens up their demands for greater trade prefer Through the Alliance for Progress," Depart to question the significance of the United ences from the United States, La.tin leaders ment of State Bulletin, Volume LVII No States' role in the hemisphere. "Why," rea at the conference cited the case of the Eu vember 6, 1967, pages 616-620. son many, "should we provide them wtth ropean Common Market as an example. Prod Linowitz, Sol. M., "The Nonshooting War Department of State Bul monetary aid if they only respond by turn ucts from the French-speaking African coun in Latin America," ing against us?"-and the question is in tries, for instance, have 'free access to the letin, No. 1504 (April 22, 1968), pages 532- deed a valid one if one considers the many European Common Market, and the United 536. instances during the past ten years when Kingdom grants tariff preferences to goods Oliver, Assistant Secretary, "Innovative Ef American properties have been expropriated from its commonwealth partners. Slmllar fects of the Alliance for Progress," Depart by certain Latin American nations. The gov trade agreements between them and the ment of State Bulletin, No. 1503 (April 15, ernment of Colombia, for instance, took over United States, reason Latin leaders, would 1968) pages 501-504. a subsidiary of American and Foreign Pow increase the amount of goods exported from Oliver, Assistant Secretary, "Integration er in 1962; Costa Rica did the same in Latin America and would help pay for the and Trade in the Alliance for Progress", De 1968; the Peruvian government took over latter's development. In thus speaking, then, pa;rtment of State Bulletin, Volume LVIII, a company owned by Standard Oil in 1968 Latin leaders expressed their wishes to tum pages 584-587. (estimated value set at $120 million); the present American paternalism into a partner O'Mara, Richard, "Rockefeller Reports: Bolivian government took over the holdings ship which would "help Latin America to Half Rigbt on Latin America," Nation, Vol. of Gulf 011 in October, 1969 (estimated val help herself." ume 209 (December 1, 1969) pages 602-604. ue set at $140 million)-and the list goes In the opinion of many experts, another on and on. move that would help improve the state of The answer to the former question is not affairs in the western hemisphere would be LEGISLATION TO REPEAL SUBSEC simple, but the actions of these seemingly the establishment of a Latin American Com TION (a) OF SECTION 7275 OF aggressive Latin nations have not been the mon Market. Such a market would encourage THE INTERNAL REVENUE CODE result of mere whimsical nationalism on greater cooperation between its members and their part; they have, on the contrary, been would in the long run tend to upgrade the (Mr. STEIGER of Wisconsin asked motivated by righteous anger at what may member nations' economies. The eradication and was given permission to extend his be termed the "unthinking, narrow-minded of a large number of protective tariffs in trade remarks at this point in the RECORD.) policy of the United States in Latin Amer carried out between member nations would Mr. STEIGER of Wisconsin. Mr. ica." In order to understand their reason also encourage the growth of old native in Speaker, I am today introducing legis ing, one must take into account that re dustries and promote the establishment of gional exports and imports account for over new, burgeoning ones. The Latin American lation which would repeal subsection
fleeted in all communities throughout the REMARKS PREPARED FOR DELIVERY BY THE He seeks new research and analysis bearing country. It is a day of rededication for all HONORABLE Rocco c. S1cn.1ANO, UNDER on problems of the coastal zones. Americans to the principles that have SECRETARY OF COMMERCE, BEFORE THE MA He seeks a restoration of our lakes, whose made us a great nation. RINE TECHNOLOGY SocmTY, JUNE 30, 1970 waters have been so seriously damaged by It is a. very great pleasure and privilege to the wastes and abuses of the 20th Century. be here this evening with men and women He seeks extensive participation by the United States in the international decade of FIRST OFFICIAL PUBLIC AN of the marine sciences. To be with you is to look to the future oceanic exploration. NOUNCEMENT OF PLANS FOR for the world of science and technology is And he seeks to intensify environmental NOAA committed to the future. research in the Arctic areas of the world to We live in a turbulent age which often permit fuller use of this area and to preserve The SPEAKER pro tempore. Under its environment. a previous order of the House, the gen seems to be dominated by great social and political problems, and they may sometimes We are proud to help him achieve these tleman from Ohio
J.V. OBJECTIONS TO PROFESSOR CLARK'S gro children in mixed schools with white Just what choice of dolls would have shown EXPERIMENT dolls: that segregation does not harm the children? So far I have proceeded on the assUinp "On the surface, these findings might sug None of those available. Whichever doll the gest that northern Negro children suffer more children choose would, according to Clark's tion that Clark's general method is capable of ne;v interpretation, show that segregation is showing something about segregation. This personality damage from ra~ial prejudice and discrimination than southern Negro children. harmful. What can an experiment which sup is doubtful. ports the same conclusion, regardless of its Whatever Professor Clark demonstrated However, this interpretation would seem to be not only superficial but incorrect. The outcome, possibly show? Only the experi about the personality of segregated Negro menter's prejudices and his failure to grasp children could be due to general prejudice apparent emotional stability of the southern Negro child may be indicative only of the the purpose and nature of experimental in the community rather than to segrega methods of research. Clearly, Professor tion, or even to circumstances not affecting fact that through rigid racial segregation and isolation he has accepted as normal the fact Clark's conclusions do not depend on any Negroes specifically. Professor Clark is con of his experiments. For these are inconsistent fusing on the sources of damage, though of his inferior sodal status. Such an accept ance is not symptomatic of a healthy person with his conclusions, if they are meaningful insisting that segregation is "fundamental." at all. None of the material which the Su Tests on white children, or on Jewish and ality. The emotional turmoil revealed by some of the northern children may be inter preme Court accepted as probative of injury Christian children, were not presented. Such through segregation is any more cogent. No tests would be needed to indicate whether preted as an attempt on their part to assert some positive aspect of the self." injury by segregation per se has been proved the damage was general (there may be a gen by any scientific test. eral confusion of self-images in our culture, Here Professor Clark starts by speaking of a "crisis of identity") ; or restricted to minor "personality damage" and ends by speaking V. SUMMARY AND CONCLUSIONS ities; or restricted to Negro children. (That of "emotional turmoil." Clark notwithstand The primary groups to which an individual whatever damage can be demonstrated by ing, it seems more likely that "rigid racial belongs are his family and his peer group. his methods is not restricted to segregated segregation and isolation" would make the The latter is the group with which the indi Negro chlldren Professor Clark proved, if he segregated least aware of their status in the vidual identifies himself on the be.sis of a proved anything; indeed although he misled eyes of the group from which they are "iso feeling of community, observable physical the court on this matter, Professor Clark's lated" and most likely to identify with eoach characteristics, and commonly shaired emo tests show that segregation decreases and other.8 Further, "acceptance" of an "inferior tion. Later the individual will also become congregation, even when not compulsory, in social status" by any group may be morally a member of such groups as are based on creases the damage to Negro children.) or politically disturbing, but there is no rea material matters such as membership in a However, no proof whatever was presented son to consider it per se a symptom of either profession or persons of a given income to indicate that preference for, or identifica "healthy personality" or sickness. Not all level. tion with, a doll different in color from one members of castes below brahmins in India Such group membership is a main factor self indicates personality disturbance. I wrote axe sick, nor even all "untouchables." Clark constituting the individual's identity or per on this point: 1 here confuses his moral views with clinical sonality. It is essential to the normal indi "Suppose dark-haired white children were evidence. There is no evidence to show that vidual to have a firm feeling of belonging to to identify blonde dolls as nice; or suppose, acceptance of inferior, superior or equal a group. Failure to identify with a group having the choice, they identified teddy bears status is a symptom of emotional disturbance. prevents the individual from functioning as nice rather than any dolls. Would this In his testimony, Professor Clark asserted normally. An individual identifies with per prove injury owing to (nonexistent) segrega categorically that when Negro children iden sons in his own environment whom he takes tion from blondes? Or communal prejudice tify with, and prefer, white to colored dolls as models accepting some characteristics, against humans? Professor Clark's logic it means that personality damage, owing to developing others of the individual's own, suggests that it would. segregation has occurred. Now that his previ and in this way building up the essential "Control tests--which unfortunately were ous experiments, not entered into the court personality of the individual. not presented-might have established an records, have been brought to public atten Without such a sense of identity, the men alternative explanation for the identifica tion, Professor Clark would have to conclude tal health of the individual will be seriously tion of white with nice, and black with bad: that segregation decreases, and congregation impaired. Unrealistic identification is a form in our own culture and in many others, in increases, the personality damage that is de of insanity. An identity once acquired cannot cluding cultures where white people are un tected by the doll tests. For the tests not be lost. known, black has traditionally been the color entered into the court record detect such Groups are formed from individuals hav of evil, death, sorrow, and fear. People are personality damage more often where there ing common self-identification. In the small called blackguards or blackhearted when is congregation than where there is segre child the factors involved will be almost considered evil; and children fear darkness. gation. exclusively visual, such as skin color; but In these same cultures, white is the color o'f To avoid this embarrassing result Professor as the child grows, other factors of intelli happiness, joy, and innocence. We need not Clark now explains that if segregated Negro gence and achievement will play a part, as speculate on why this is so to assert that it children prefer white dolls it indeed shows in joining a football team. In different is a fact and that it seems utterly unlikely personality damage suffered because of segre aspects of activity, the individual belongs that it originated with segregation (though gation. And if nonsegregated children prefer not to one, but to a series of groups. it may have contributed to it) . Professor white dolls even more frequently it does not Group identification must be voluntary. Clark's findings then can be explained with show that they suffer more "personality Involuntary placement in a group with which out any reference to injury by segregation or damage." This would be "superficial" and the individual does not identify creates hos by prejudice. The 'scientific' evidence for this "incorrect." The fact that segregated children tility. The group approval or disapproval is injury is no more 'scientific' than the evi prefer the white dolls less often than non extremely important to identity, and the dis dence presented in favor of racial prejudice." segregated ones now shows that they have approval destroys the individual's image of I can only list some of the many other suffered even deeper personality damage. The himself. objections that could be raised against the fact that congregated children prefer the Where ethnic identity is clearly visible, it Clark experiment. ( 1) The subjects were white doll more often suddenly becomes an becomes a matter of considerable importance neither randomized nor stratified properly by indication of comparative health. in group relations. The variation in attitude age, sex, economic, religious, residential and Which is to say that whatever the outcome created by differences in skin color exists in other criteria; (2) No controls with white of the experiment, it shows that there is all countries. children in segregated and unsegregated en personality damage to segregation. When Group members tend to adhere to group vironments; (3) No controls with Negro Negro children identify more often with the norms, which, if they are within the po children in Negro cultures (e.g. Africa) which white doll (North) it is bad and shows tential of the individual, is of advantage. might have had the same results, thus show psychological injury. When they identify On the other hand, if the norm of the group ing that it does not depend on prejudice, let less often (segregated South) it is even exceeds the maximum potential of the in a.lone segregation; (4) No controls wlith ob worse. But wasn't the self-identification dividual, then this gives rise to feelings of jects other than white and black dolls; (6) of Negro children with the white doll humiliation, incapacity, and inadequacy No evidence presented that doll tests show supposed to be the very evidence of their which impair his motivation. any correlation with personality disturbance; confusion and psychological injury? Yes, Contrary to the "psychological evidence" (6) No evidence about the type of alleged Clark writes now, except when the identifica which apparently was acoorded great weight disturbance and what it means psychiatri tion occurring less frequently among segre by the Supreme Court in Brown v. Board of ca.lly. gated Negro children would indicate that Education, scientific tests have not proved segregation makes for mental health. This any injury by segregation per se, In fact, Professor Clark has published a book since would be inconvenient. Wherefore when this some sociologists contend that Negroes would his testimony, relied on by the Supreme is the case less frequent identification with suffer far more from racial integration than Court: Prejudice and Your Child. On page 45 the white doll suddenly indicates more from segregation. ff. the following is stated with reference to psychological damage. Under a freedom of choice system for school the more frequent self-identification of Ne- attendance, as the individual increases in s certainly the theory of reference groups age, his willingness and ability successfully 1 Ross and van den Haag, The Fabric of would lead us to believe so. See Robert K. to associate himself with other groups would Society (Harcourt, Brace & World, 1957), Merton: Social Structure and Social Theory, increase, provided there was a generally fa pp. 165-66. p. 225 ff. vorable atmosphere and favorable atti~ude on July 1, 1970 CONGRESSIONAL RECORD - HOUSE 22523
the part of the superintendent, principals, than white students. Whatever the motives the two models that seek to explain the in and teachers, as well as pa.rents. Voluntary that led them to do so, it is relevant here to ferior performance of black children-the mingling would have beneficial effects on point out that the less well prepared stu genetic model and the social pathology model personality and education. Immediate, total, dents felt necessarlly left out, and humi ( of which there are many varieties referring enforced integration would lead to even liated, when they could not perform as ade to the family, the subcultural background, greater demoralization of Negro pupils than quately in class as their more qualified white nutrition, etc.)-are both unnecessary. The 1S already taking place, and would also lead to fellow students did. They, therefore, were authors maintain that if there were a deficit lower educational achievement. psychologically compelled to seek to achieve not just in the actual performance of the Whatever one may think of the mme the prestige they had lost in their own eyes children, but in their ability to perform, then radical Negro organlzations, they have which they could not achieve in classroom such models would be required. But in their captured the emotions and the imagination work--outside the classroom. The opportu opinion the low performance of Negro chil of a large part of our black population. They Dlty was readily at hand. dren is due to the disinclination of teachers, have been, particularly with the young peo They could, and did, achieve status a.s and the failure of schools to perceive the ple, far more successful in that aspect than revolutionary leaders against the "irrelevant" linguistic and other resources of these chil the old style organizations. High school and college curriculum in whic:i they were un dren. This failure leads schools to insist that college students, if they do not join, do cer able to excel. In some cases (with the help Negro children express themselves in a lan tainly admire and support organlzations such of disaffected and masochistic whites) they guage to which, in their subculture, they are as the Black Panthers and the Nation of cam.e near destroying the institutions which not accustomed and in which they become Islam. They look up to suoh figures as Rap had recruited them. "dumb." In short, the authors maintain that Brown, Stokeley Carmichael, Eldridge I am fully aware that we are dealing not by insisting that Negro children have the Cleaver, Malcolm X, et al. The organizations w1 th colleges but with primary and second same linguistic and other resources as white differ among themselves in their methods ary schools. But I am mentioning this his children and allowing them to use only these and to the ex,tent one can discern them, tory because it is about to be repeated in resources, schools produce the lower per in their purposes. But they have one thing secondary schools. "Those who do not know formance of Negro children. If on the other in common. They try ( and largely succeed) history are condemned to repeat it." In our hand, the authors maintain, the resources ac to produce a prideful racial identity. They high schools we already have a similar de tually available to Negro children were util make their followers accept that "black is velopment. When well prepared white stu ized-as are those actually available to white beautiful" and they attract support because dents and inadequately prepared black stu children-then Negro children might be quite they are creating a black identity, and pride dent.s, in many cases coming from under as able to perform as white children. Thus in it. privileged backgrounds, are compelled to go the low performance of Negro children could They do this largely by declaring their in to school together, those who cannot per be improved only by distinct teaching meth dependence of and, in some cases, even hos form well by the standards of the school, ods and a distinctive curriculum utilizing tility to whites. But the hostllity here is necessarily become hostile to the school their subcultural resources. Needless to say, largely a gesture necessary to support the which humiliates them, and to the whites this would require at least temporary sep independence and the pride. who outperform them. They also become arate education. I am not concerned with the justification discouraged. They are likely to seek outside I have no personal knowledge that would of such movements. But they clearly indicate the prestige they lost in school work; and indicate to me whether the contention of a psychological need. By gratifying this need, they will be tempted to make up for the the authors ls correct. They do, however, these organizations have succeeded to an humiliation suffered by displaying their quote a great amount of research that cer astonlshing extent in rehabilitating members hostility to whites and insisting on their tainly suggests that their thesis is worth who previously suffered from major symp own superiority in activities which under exploration. And this is the conclusion that toms of personalilty disorganization, such as mine the academic and educational purposes I wish to submit to this Committee. drug addiction, criminal behavior, general of the school. A great amount of money has been spent irresponsibility, etc. This is not just to say This is by no means to say that black on forced integration. A great deal of hostility the Panthers do not allow members to take and white students should forever remain has been aroused on all sldes--certainly race drugs. It is that they make the drugs un separated or should be separated as a matter relations are worse than they were before necessary; they offer their members a self of administrative rule. On the contrary, 1954 and there ls no evidence whatever that ima.ge of adequacy that makes the resort to what I am advocating ls that they should compulsory integration has led to more aca drugs unnecessary. The basic ingredient in remain free to seleot the school and the demic progress than free choice would have tha.t self-image is the identification with an fellow students that in each individual case achieved. More and more evidence is accu image of historical, racial and cultural ade most fulfill their academic and psychologi mulaiting that a different Negro subculture quacy, if not superiority. cal needs. exists and requires for its ut111zation distinct I submit that this is what the black mi I foresee that freedom of choice will lead methods if the members are to learn what the nority needs more than anything else. It is ultimately to far more integration than is schools are trying to teach. This may indeed in this respect that its problem has dif now extant, but it will do so slowly. The ad require separate training for teachers and fered from that of other minorities-Irish, vantage of that slowness will be that blacks separation of those pupils who wish to learn Italian, Jewish-and it is this ingredient will be able to compete both academically and are best able to learn by utilizing the that a wise and just process of education and psychologically with whites in a way that resources of their subculture. If there is any should help provide. Integration, desirable does not make the school "irrelevant" to sort of genetic difference in addition to the as it may be in the end, is possible only if them, nor psychologically requires them to subcultural differences this, too, would the elements to be integrated each feel a seek compensation, through subversive or probably lead to different learning and teach sense of identity and a pride in that identity criminal activities, for the sense of inade ing methods. rather than a feeling of inadequacy. For quacy that it will generate. I am not suggesting that this Committee feelings of inadequacy produce hostility to Much research has been done since the should institute the new methods that may those who make one feel inadequate. Supreme Court decided (on most dubious turn our to be useful. I am, however, sug Black students know this. Their behavior evidence) that separation is educationally gesting that this Committee should, instead itself is evidence for '.;he need it tries to ful damaging to Negro children. No evidence con of throwing further money into an approach fill. If one looks at recent happenings in our firming this idea has been uncovered. Very that no one could possibly term successful, colleges, one finds that there has been a little evidence has been offered to show that reserve such money (a) for thorough evalu great increase in black enrollment in pre integration has been beneficial. Most pro ation of the approaches so far tried, and {b) viously largely white school:.. That increase, grams which attempted to remedy the com for thorough exploration and experimenta fostered by the colleges with the idea of paratively low performance of Negro children tion with different approaches resting on a giving blacks the benefit..s of their college attributed to inferior schooling have been variety of competing teaching methods with life, and education, far from leading to im shown to be ineffective. free self selection of pupils. mediate integration, has led to the very op Social scientists, therefore, have reached I do not expect to convince this Committee posite. Thus, at Vassar College where I in many cases the cone! usion that the infe that the premise on which such vast federal served as Visiting Professor in 1969, the rior performance may be due to factors in expendit ures have been made for the inte one demand almost immediately made by very early infancy which, as yet, we have gration of schools over the past ten or fifteen the newly-admitted black students was a found no way of offsetting. Others have in years is a false premise, or that the truth separate black dormitory. There were no sisted that there is no evidence of a genetic lies elsewhere. I do, however, most seriously complaints of inhospitality on the part of difference which may explain the differences recommend that alt ernatives be explored and the white college students. The black col in performance, at least when the same all approaches scientifically evaluated before lege students simply wanted to have a place methods of teaching are used for both the educational system of the nation becomes of their own. They wanted to cultivate their groups. so far committed to a single article of faith own identity, lead their own life, elaborate I wish now to draw the attention of this ("the evidence of things not seen")-that their own traditions. They also wanted black Committee to an article "Early Childhood In integration of the races brings better edu teachers and "black courses.'• This develop tervention-The Social Science Base of In cation-that the point of no return will have ment has been paralleled in almost every stitutional Racism" by Stephen F. and Joan been passed. college in the country. c. Baratz, appearing in the Harvard Educa Thus I appear here to recommend that in Many colleges have gone so far as to take tional Review (February, 1970). The authors vestigation of all views on this question be black students less prepared or qualified maintain; with considerable evidence, that come part of the evaluation directed by this 22524 CONGRESSIONAL RECORD-HOUSE July 1, 1970 bill and t hat we substitute objective meas California, an M.A. from San Diego State Negro children a.re sufficiently different at urement for the subjective, if praiseworthy, College, and a Ph. D. degree from Columbia this present time in our history that both opinions of those who see compulsory inte University. In 1956-58, I was a United States groups-and particularly the more disad gration a forwarding of the democratic dream Public Healtt. Service Research Fellow in va.n taged group--can be cheated out of the of equality. If the basic purpose of schools is Psychology at the Psychiatric Institute, Uni best education we now know how to provide to be education, then we should put aside versity of London. In 1961-62, I was a Re in our schools if uniformity rather than di any preconceived emotional assumptions search Associate at the Institute of Personal versity of instructional approaches becomes about the factors which improve or destroy ity Assessment and Research and in 1964-65 the rule. Diversity and desegregation need the educational accomplishment of any child, a Guggenheim Fellow at the Institute of not be incompatible goals. I think both are black or white, and use every available scien Psychiatry at the University of London. In necessary. But achieving racial balance and tific facility to isolate the actual factors 1966-67, I was a Fellow at the Center for at the same time ignoring individual differ wherever we find them. To do so would be in Advanced Study in the Behavioral Science ences in children's special educational needs the interest of all concerned, of all children, at Stanford. I am a member of the American could be most destructive to those who are black and white, and contrary only to the Association for the Advancement of Science, already the most disadvantaged -education vested interest of educational dogmatists. the American Psychological Association, the ally. The allocation of a school's resources for SOURCES American Educational Research Association, children with special educational problems and the Psychonomics Society. cannot be influenced by race; it must be Stell Tr., 218-256. I am co-editor of a text on "Social Class, governed by individual needs. Hinds County Tr., 271-369 (vol. 1) Race and Psychological Development," pub To insure the developments of integrated Testimony before Senate Committee on lished in 1968 and the author of the article education that could make it just and valid the Judiciary on S. 1731 (1964). entitled "How Much Can We Boost IQ and for all children, therefore, I urge that this EXHIBITS Scholastic Achievement?", published in 1969 Committee seriously consider the addition Bastide, Roger, & van den Berghe, Pierre, in the Harvard Educational Review. I wrote to the bill of a directive in Section 10 that "Stereotypes, Norms & Interracial Behav an article on the "Heritability of Intelli a major proportion of the research funds ior in Sao Paulo, Brazil," American Socio gence,'' published in Engineering and Science provided for evaluation shall be used for a logical Review, Vol. 22, No. 6 (1957). in April, 1970, and have more recently pre scientifically valid, objective examination of Clark, Kenneth B., "Desegregation, an Ap ps.rd a research resume entitled "Parent and the educational effects of compulsory school praisal of the Evidence," Journal of Social Teacher Atti-tudes Toward Integration and desegregation. I further suggest that the Issues, No. 4, p. 3 (1953). Busing" for the California Advisory Counsel technical requirements of the needed re Clark, Kenneth B., Prejudice and Your on Education and Research of the California. search are probably beyond the personnel Child. Teachers Association. and facilities of most school systems, and Clark, Kenneth B. and Mamie, "Racial I am currently in the course of publishing that major studies should be conducted by Identification and Preference in Negro Chil a comprehensive .review on the subject of or in consultation With properly equipped dren," reprinted in Readings in Social Psy "Can We and Should We Study Race Dif research institutions under Federal support. chology ( 1st ed., 1947). ferences?" In my opinion, based upon my studies for Davis, Allison, "Racial Status and Per I appear before you today for the purpose the past 20 years and more in the field of sonality Development," Scientific Monthly, of raising what appears to me to be an educational psychology, I am convinced that Vol. 57 (October, 1943). essential preliminary inquiry to the Com the study of racial differences and their ap Elmer, Glaister A., "Identification as a So mittee's approval of the present form of H .R. plicability to variations in learning and or cial Concept," Sociology & Social Research, 17846, the Emergency School Aid Act of 1970. ganization o'f the educational process a.re Vol. 39, No. 2, pp. 103-109 (1954). That inquiry relates to the truth or falsity essential to any true understanding of the Goodman, A. M. E. (Mae), "Evidence Con as a scientific matter of the basic factual problems which America's schools face today cerning the Genesis of Interracial Attitudes," assumption underlying this bill. in determining the future course of school The American Anthropologist, Vol. 48, No. 4 On May 21 , President Nixon submitted to integration. (October-December, 1946). the Congress a special message on aid to II. THE EXISTING CONTROVERSY OVER IQ AND Hill, Mozelle, "A Comparative Study of· schools and recommended this legislation. SCHOLASTIC ACHIEVEMENT Race Attitudes in the All Negro Commu There he stated: "It is clear that racial isola I can best explain the basis of my views nity in Oklahoma," Phylon (Third Quarter tion ordinarily has an adverse effect on in this area by summarizing for the Com ly Issue, 1946). education." mittee some of the main points I made in the Ichheiser, Gustav, "Socio-psychological That premise supports the present declara Harvard Educational Review article to which and Cultural Factors in Race Relations," tion of purpose in Section 2 of H.R. 17846- I have referred: American Journal of Sociology, Vol. 54, No. to prevent racial isolation in schools so as " In my article, I first reviewed the conclu 5 (1949). to improve the quality of education. I do not sion of a nationWide survey and evaluation Landret h , Catherine, & Johnson, Bar believe that this premise alone can be re of the large, Federally funded compensatory bara C., "Young Children's Responses to a garded as adequate justification for this b111. education programs done by the U.S. Com Picture and Inset Test Designed to Reveal Recent comprehensive reviews of research on mission on Civil Rights, which concluded Reactions to Persons of Different Skin Col the effects of the racial composition of schools that these special programs had produced no or," Child Development, Vo. 24, No. 1 (1953 ). and classes in public schools come to con significant improvement in the measured Lundberg, George A., "Some Neglected As clusions which a.re highly ambiguous and intelligence or scholastic performance of the pects of the 'Minorities' Problem," Modern inconclusive regarding the causal relationship disadvantaged children whose educational Age, pp. 285-297 (Summer, 1958). bet ween racial composition of the student achievements they were specifically intended Lundberg, George A., "Selective Associa body and scholastic performance. Most of the to raise. The evidence presented by the Civil tion Among Ethnic Groups in a High School research on this subject to date has been Rights Commission suggests to me that Population." too inadequate statistically and methodo merely applying more of the same approach lcgically to allow any firm conclusion one to compensatory education on a larger scale Merton, Robert K., Social Structure and way or the other regarding the effects of a Social Theory, pp. 225 ff. is not likely to lead to the desired results, school's racial composition on achievement. namely increasing the benefits of public Radke, Marion; Sutherland, Gene; and I refer you to a thorough review of this re Rosenberg, Pearl, Sociometry, Vol. 13, No. 2 education to the disadvantaged. The well search by Nancy H. St. John of Harvard Uni documented fruitlessness of these well-in (1953) (racial attitudes of children in Pitts versity; it appears in the February, 1970, burgh, Pennsylvania. tentioned compensatory programs indicates iEsue of the Review of Educational Research, the importance of now questioning the as van den Haag, Ross & The Fabric of a publication of the American Educational sumptions, theories, and practices on which Society (Harcourt, Brace & World, 1957) Research Association. Her review supports my they were based. I point out, also, that some (specifically chapter on prejudice). cor.clusion, which is that we have no scien small-scale experimental intervention pro van den Haag, "Genuine and Spurious tifically or statistically substantial conclu grams have shown more promise o'f beneficial Integration," Psychoanalysis and the Social sions at this time. results. Sciences (New York). I personally f avor racial integration and "I do not advocate abandoning efforts to Willems, "Racial Attitudes in Brazil," I hopefully believe it is coming about. As an improve the education of the disadvantaged. American Journal of Sociology, Vol. 54, No. educator, I am concerned that it come about I urge increased emphasis on these efforts, 5 pp. 402-408 (1949). in such a way as to be of benefit to the in the spirit of experimentation, expanding schooling of all children. Achieving racial the diversity of approaches and improving STATEMENT OF DR. ARTHUR R. JENSEN BEFORE balance, while viewed by many of us as de the rigor of evaluati0n in order to boost our THE GENERAL SUBCOMMITTEE ON EDUCATION, sirable for moral, ethical, and social rea chances of discovering the methods that wlll HOUSE EDUCATION AND LABOR COMMITl'EE sons, will not solve existing educational prob work best. lems; it will create new ones, and I am I. INTRODUCTION anxious that we provide the means for fully "The nature of intelligence Mr. Chairman and members of the Com and objectively assessing them and for dis "In my article, I pointed out that IQ tests mittee, my name is Arthur R. Jensen and I covering the means of solving them. I am evolved to predict scholastic performance in am Professor of Educational Psychology at quite convinced on the basis of massive re largely European and North American mid the University of California at Berkeley. I search evidence that the educational abili dle-class populations around the turn of the hold a B.A. degree from the University of ties and needs of the majority of white and century. They evolved to measure those abil- July 1, 1970 CONGRESSIONAL RECORD - HOUSE 22525 ities most relevant to the curriculum and ferences in IQ and scholastic performance with a.ny genetic differences in growth rates type of instruction, which in turn were among different ethnic groups is, scientifi _or patterns of mental abilities but are due shaped by the pattern of abilities of the cally, still an open question, a.n important entirely to discrimination, prejudice, in children the schools were then intended to question, and a researchable one. I believe equality of educational opportunity, a.nd serve. that official statements, such as 'It is a de factors in the child's home environment and "IQ or abstract reasoning ability is thus a monstrable faot that the ta.lent pool in any peer culture, we have collectively given little selection of just one portion of the total one ethnic group is substantially the same if any serious thought to whether we would spectrum of human mental abilities. This as in any other ethnic groups' (U.S. Office of do anything differently if we knew in fact aspect of mental abilities measured by IQ Education, 1966), and 'Intelligence potential that all educational differences were not due tests is important to our society, but is ob is distributed among Negro infants in the solely to these environmental factors. viously not the only set of educationally or same proportion and pattern as among Ice There have been and still are obvious envi occupationally relevant abilities. Other men landers or Chinese, or any other group' (U.S. ronmental inequities and injustices which tal abilities have not yet been adequately Dept. of Labor, 1965), are without scientific have disfavored certain minorities, particu measured; their distributions in various seg merit. They la.ck any factual basis and must larly Negroes, Mexican-Americans, and ments of the population have not been ade be regarded only as hypotheses. American Indians. Progress has been made quately determined; and their educational "It would require more space than I am and is continuing to be made to improve relevance has not been fully explored. allotted to describe the personal and profes these conditions. But there is no doubt still "I believe a much broader assessment of sional consequences of challenging this pre a long way to go, and the drive toward fur the spectrum of abilities and potentials, and vailing hypothesis of genetic equality by sug ther progress in this direction should be the investigation of their utilization for edu gesting alternative hypotheses that invoke given top priority in our national effort. cational achievement, will be an essential genetic as well as environmental factors as Education is one of the chief instruments aspect of improving the education of chil being among the causes of the observed dif for approaching this goal. Every child should dren regarded as disadvantaged. ferences in patterns of mental ability among receive the best education that our current racial groups. knowledge and technology can provide. This "Inheritance of intelligence "The fact that different racial groups in should not imply that we advocate the same "Much of my paper was a review of the this country have widely separated geo methods or the same expectations for all methods and evidence that lead me to the graphic origins and have had quite different children. There are large individual differ conclusion that individual differences in histories which have subjected them to dif ences in rates of mental development, in intelligence, that is, IQ, a.re predominantly ferent selective social and economic pressures patterns of ability, in drives and interests. attributable to genetic differences, with en make it highly likely that their gene pools These differences exist even among children vironmental factors contributing a minor differ for some genetically conditioned be of the same family. The good parent does his portion of the variance among individuals. havioral characteristics, including intelll best to make the most of each child's strong The heritability of the IQ-that is, the per gence, or abstract reasoning ability. Nearly points and t.o help him on his weak points centage of individual differences variance every anatomical, physiological and biochem but not make these the crux of success or attributable to genetic factors--comes out to ical system investigated shows racial differ failure. The school must regard each child, about 80 per cent, the average value obtained ences. Why should the brain be any excep and the differences among children, in much from all relevant studies now reported. tion? The reasonableness of the hypothesis the same way as a good parent should do. "These estimates of heritability are based that there are racial differences in genetically I believe we need to find out the extent to on tests administered to European and North conditioned behavioral characteristics, in which individual differences, social class dif American populations a.nd cannot properly cluding mental abilities, is not confined to ferences, and race difference in rates of cog be generalized to other populations. I be the poorly informed, but has been expressed nitive development and differential patterns lieve we need similar heritability studies in in writings and public statements by such of relative strength and weakness in various minority populations if we are to increase eminent geneticists as K. Mather, C. D. Dar types of ability are attributable to genetically our understanding of what our tests measure lington, R. A. Fisher, and Francis Crick, to conditioned biological growth factors. The in these populations and how these abilities name a few. answer to this question might imply differ can be most effectively used in the educa "In my article, I indicated several lines of ences in our approach to improving the edu tional process. evidence which support my assertion that a cation of all children, particularly those we "Social class differences genetic hypothesis is not unwarranted. The call the disadvantaged, for many of whom fact that we still have only inoonclusive con school is now a frustrating and unrewarding "Although the full range of IQ and other clusions with respect to this hypothesis does abilities is found among children in every experience. not mean that the opposite of the hypothesis Individuals should be treated in terms of socioeconomic stratum in our population, it is true. Yet some social scientists speak as if is well established that IQ differs on the their individual characteristics and not in this were the case and have even publicly terms of their group membership. This is the average among children from different social censured me for suggesting an alternative to cl:a.ss backgrounds. The evidence, some of way of a democratic society, and education purely environmental hypotheses of intelli ally it is the only procedure that makes any which I referred to in my article, indicates gence differences. Scientific investigation to me that some of this IQ difference is at sense. Individual variations within any large proceeds most effectively by means of what socially defined group are always much tributable to environmental differences and Platt has called 'strong inference,' pitting some of it is attributable to genetic differ greater than the average differences between alternative hypotheses that lead to different groups. There is overlap between groups in ences between social classes-largely as a re predictions against one another and then sult of differential selection of the parent the distributions of all psychological char generations for different patterns of ability. putting the predictions to an empirical test. acteristics that we know anything about. But "I have not yet met or read a modern "Learning Ability and IQ dealing with children as individuals is not geneticist who disputes this interpretation "The article also dealt with my theory of the greatest problem. It is in our concern of the evidence. In the view of geneticist two broad categories of mental abilities, about the fact that when we do so, we have C. 0. Carter: 'Sociologists who doubt this which I call intelligence ( or abstract reason a differentiated educational program, and show more ingenuity than judgment.' At ing ability) and associative learning ability. children of different socially identifiable lea.st three prominent sociologists who a.re These types of ability appear to be distributed groups may not be proportionately repre students of this problem-Sorokin, Bruce differently in various social classes and racial sented in different programs. This is the Eckland, and Otis Dudley Duncan-all agree groups. While large racial and social class "hang-up" of many persons today and this is that selective factors in social mobility and differences a.re found for intelligence, there where our conceptions of equal opportunity a.ssortative mating have resulted in a genetic are practically negligible differences among are most likely to go awry and become component in social class intelligence differ these groups in associative learning abilities, misconceptions. ences. As Eckland points out, this conclusion such as memory span and serial and· paired Group racial and social class differences holds within socially defined racial groups associate rote learning. are first of all individual differences, but the but cannot properly be generalized between "Research should be directed at delineat causes of the group differences may not be racial groups, since barriers to upward mobil ing still other types of abilities and at dis the same as of the individual differences. ity have undoubtedly been quite different for covering how the particular strengths in each This is what we must find out, because the prescription of remedies for our educational various racial groups. individuals' pattern of abilities can be most effectively brought to bear on school learning ills could depend on the answer. "Race differences Let me give one quite hypothetical ex "I have always advoca.ted dealing with per and on the attainment of occupational skills. By pursuing this path, I believe we can dis ample. We know that among middle-class sons as individuals, ea.ch in terms of his own white children, learning to read by ordinary merits and characteristics and am opposed to cover the means by which the reality of in classroom instruction is related to certain according treatment to persons solely on the dividual differences need not mean educa tional rewards for some children and utter psychological developmental characteristics. basis of their race, color, national origin, or Educa.tors call it "readiness.'' These charac social class background. But I am also op frustration and defeat for others." teristics of readiness appear a.t different ages posed to ignoring or refusing t.o investigate III. THE IMPLICATIONS OF RACE DIFFERENCES IN for different kinds of lea.ming, and at any t he causes of the well-established differences EDUCATION given age there are considerable individual among r-acial groups in the distribution of Since educators have at least officially as differences among children, even a.mong sib educationally relevant traits, particularly IQ. sumed that race and social class differences lings reared within the same family. These "I believe that the causes of observed dif- in scholastic performance are not associated developmental differences, in middle-class 22526 CONGRESSIONAL RECORD - HOUSE July 1, 1970 white children, are largely conditioned by suited to the full range of educational differ cable; (2) there are questions of law or of fact genetic factors. If we try t o begin a child ences that we find in our population. Many common to the class; (3) the claims of the too early in reading instruction, he will ex environmentally caused differences can be representative party are typical of the claims perience much greater difficulty than if we minimized or eliminated, given the resources of the class; (4) the representative party will waited until we saw more signs of "readi and the will of society. The differences that fairly and adequately prot ect the interest of ness." Lacking readiness, he may even be remain are a challenge for public education. the class; (5) the parties opposing the class come so frustrated as to "turn off" on read The challenge will be met by making avail have acted on grounds generally applicable ing, so that he will then have an emotional able more ways and means for children to to the class; (6) the prosecution of separate block toward reading later on when he should benefit from schooling. This, I a.m convinced, actions by individual members of the class have t he optimal readiness. The readiness can come about only through a greater recog would create a risk of inconsistent or varying can then not be fully tapped. The child nition and understanding of the nature of adjudications; and (7) questions of law and would h ave been bet ter off had we postponed human differences. fact common to members of the class pre reading instruction for six m an ths or a year It is for this reason that I call upon your dominate over any questions affecting only and occupied him during t h is time with Committee to set aside funds under Section individual members so that a class action is other interesting activities for which he was 10 of H.R. 17846 to investigate methods of superior to other available methods for the ready. Chances are he would be a better coping educationally with individual and fair and efficient adjudication of the con reader at, say, 10 or 11 years of age for hav group variability and for an impartial, in troversy. ing started a year later, when he could catch depth study of the effects of classroom de Defendants on to reading with relative ease and avoid segregation on the educational process. I 4. Defendants Secretary of the Interior the unnecessary frustration. It is very feel strongly that such basic cause-and-effect and Secretary of Health, Education, and Wel doubtful in this case that some added "en research must be done as an essential part of fare, sued in their official capacities, have richment" to his preschool en vironment the task of ameliorating our nation's grave the duty of enforcing the Federal Coal Mine would have made him learn to read much educational problems. Health and Safety Act of 1969. more easily a year earlier. If this is largely 5. Defendants Russell, Dole, Ha.yes and a matter of biological maturation, then the Wheeler, sued in their official capacities, time at which a child is taught in terms of have the duty, under defendant Secretary his own schedule of development becomes LAW AND ORDER IN THE COAL MINES of the Interior, of enforcing the Federal Coal important. If, on the ot her hand, it is largely Mine Health and Safety Act of 1969. a m at ter of preschool environment al enrich (Mr. HECHLER of West Virginia ment, then the thing to do is to go to work First cause of action on the preschool environment so as to make asked and was given permission to ex 6. The Federal Coal Mine Health and Safe all children equally ready for reading in the tend his remarks at this point in the ty Act became law on December 30, 1969. first grade. If a child's difficulty is the result RECORD and to include extraneous mat 7. Section 202 (a) of the Act provides that of both factors, then a combination of both ter.) the defendants Secretary of the Interior and enrichment and optimal developmental se Mr. HECHLER of West Virginia. Mr. Secretary of Health, Education, and Welfare quencing should be recommended. Speaker, there follows the amended suit (the Secretaries), within 60 days from the There is a danger that some educators' filed in the U.S. District Court for the enactment of the Act, shall prescribe in the fear of being accused of racial discrimination Federal Register the devices, methods, loca could become so misguided as to work to District of Columbia, concerning the tions, intervals and manner in which oper the disadvantage of many minority children. safety of those working in the coal mines ators of coal mines shall take accurate sam Should we deny differential educational of this Nation: ples of the amount of respirable dust in the treatments to children when such treatment [In the U.S. District Court for the District of mine atmosphere to which miners, in the wm maximize the benefits they receive from Columbia, Civil Action No. 861-70] active workings of the mine, are exposed. schooling, just because differential treat PHILLIP BURTON, KEN HECHLER, JAMES O'HARA, 8. The 60-day period within which the ment might result in disproportionate rep JOHN MENDEZ, AND ALL OTHER COAL MINERS, regulations referred to in paragraph 7 of this resentation of different racial groups in vari Plaintiffs, v. WALTER J. HICKEL, ELLIOTT Complaint were to have been prescribed ous programs? I have seen instances where RICHARDSON, FRED RUSSELL, HOLLIS DOLE, and published In the Federal Register ex Negro children were denied special educa EARL HAYES, AND HENRY WHEELER, Defend pired on Monday, March 2, 1970. tional facilities commonly given to white ants 9. The Secretaries did not prescribe and children with learning difficulties simply be AMENDED AND SUPPLEMENTAL COM publish the regulations required by Section cause school authorities were reluctant to PLAINT FOR DECLARATORY JUDG 202 (a) of the Act with respect to methods, single out any Negro children, despite their MENT, FOR ORDER IN THE NATURE OF locations, intervals and manner of taking obvious individual needs, to be treated any MANDAMUS TO COMPEL DEFENDANTS samples until April 1, 1970, or thirty days differently from the majority of youngsters TO ISSUE REGULATIONS AND FOR IN after the date prescribed by law. in the school. There was no hesitation about JUNCTION 10. Other provisions of the Act provide, singling out white children who needed similarly to Section 202(a), mandatory time special attention. Many Negro children of 1. This is an action against the Secretaries periods for action by the Secretaries, or one normal and superior scholastic potential are of the Interior and Health, Education, and of them, that are needed to enforce and make consigned to classes in which one-fourth to Welfare and their subordinates for a declara the Act effective, and the Secretaries may one-third of their classmates have IQs below tory judgment that they failed to perform in the future fail to comply with such man 75, which is the usual borderline of educa ministerial duties imposed upon them by an datory time periods. Act of Congress, to compel them to perform tional mental retardation. The majority of Second cause of action these educationally retarded children bene such agency action timely in the future and fit little or not at all from instruction in to enjoy the enforcement of unlawful regula 11. Section 103 (i) of the Act expressly the normal classroom, but require special tions. This Court has jurisdiction under the requires defendant Secretary of the Interior attention in smaller classes that permit a Pederal Coal Mine Health and Safety Act ot and defendants Russell, Dole, Hayes and high degree of individualized and small group 1969, P.L. 91-173, 83 Stat. 742 (1970), 5 Wheeler to provide a specific statutory mini instruction. Their presence in regular classes U.S.C. Sec. 706, 28 U.S.C. Secs. 1331, 1361 and mum of one spot inspection to be performed creates unusual difficulties for the conscien 2201. every five working days in mines found to oe tious teacher and detracts from the optimal Plaintiffs liberating excessive quantities of methane or educat ional environment for children of nor 2. Plaintiffs Burton, Hechler and O'Hara other explosive gases during operations, or mal ability. Yet there is reluctance to pro are members of the House of Representatives where gas explosions have resulted in death vide special classes for these educationally of the Congress of the United States and or serious injury during the past five years. retarded children if they are Negro or Mexi were sponsors of the Blll which was enacted 12. Defendants Secretary of the Interior can-American. The classrooms of predom as the Federal Coal Mine Health and Safety and Russell, Dole, Hayes and Wheeler failed inantly minority schools often have 20 to 30 Act of 1969, P.L. 91-173, 83 Stat. 742. Plaintiffs to provide for the statutory minimum of one percent of such children, which handicaps Burton and O'Hara a.re members of the House "spot" inspection each five working days in the teacher's efforts on behalf of her other Education and Labor Committee which re all but of the mines for which such inspec pupils in the normal range of IQ. The more ported the Bill. Plaintiff Hechler represents a tions are expressly required by Section 103 (i) able minority children are thereby disadvan, Congressional District in which many coal of the Act. The mines for which such inspec ta.ged in the classroom in ways that are miners live. tions are required are listed in Appendix A rarely imposed on white children for whom 3. Plaintiff Mendez is a coal miner and a to this Complaint; the mines which have there are more diverse fa.oillties. Differences member of the class that the Federal Coal been so inspected are listed in Appendix B in rates of mental development and in po Mine Health and Safety Act of 1969 was in to this Complaint. tentials for various types of learning will tended to benefit. He brings this action on 13. In certain of the mines which defend not disappear by being ignored. It is up to his own behalf and on behalf of all other ants Secretary of the Interior, Russell, Dole, biologists and psychologists to discover their coal miners. The class of coal miners rep Ha.yes and Wheeler have failed to cause to causes, and it is up to educators to create a resented by plaintiff Mendez is (1) so numer be "spot" inspected in violation of Section diversity of instructional arrangements best ous thal1i joincier of all members is impracti- 103 (i) of the Act, accidents occurred which July 1, 1970 CONGRESSIONAL RECORD - HOUSE 22527 might have been prevented by the discovery Board of Mine Operations Appeals for com Relief requested during a "spot" inspection of conditions or pensation for wages to which he is entitled 26. Plaintiffs pray that this Court issue practices required to be corrected under the under Section llO(a) of the Act, when, be an order in the nature of mandamus direct Act, and those accidents resulted in the cause of the existence of imminent danger, ing the defendants: deaths of the miners whose names, together a mine is ordered closed under Section 104 (a) to prescribe and publish in the Fed With the date and the mine where the acci of the Act; and purports to place the burden eral Register within the times provided in dent occurred, are listed in Appendix C to of proof upon the miner. the Act, all regulations a.s to which fixed this Complaint. 21. The regulations, insofar as they im times are provided; pose the burden on the miner to apply for Ministerial duties (b) immediately and forthwith to com and to prove entitlement to compensation, mence the "spot" inspections as required by 14. The duties imposed upon defendants are unlawful and in violation of Section 110 Section 103 ( i) of the Act. by Section 202(a) and 103(1) of the Act (a) of the Act, which provides that miners 27. Plaintiffs pray that this Court issue a are ministerial and not discretionary, Con shall be entitled to compensation automati mandatory injunction to compel the defend gress having provided a fixed period and a cally and without regard to any justification ants to rescind and publish the rescission time certain for the issuance of standards for an order of closure. of the regulations: and regulations, whatever their content may 22. The regulations, designated 30 C.F.R. (a) in 30 C.F.R. 301.50 establishing a be, and having provided for the conduct of 301.40 and 301.68, 35 F.R. 5257, 5258, purport schedule of fixed payments for violations of a minimum number of "spot" inspections, to provide that a miner is to apply to the the Act and a summary procedure for pay by whatever means and in whatever manner Board of Mine Operations Appeals for review ment of fixed penalties; the Secretary deems appropriate. of discriminatory discharge or other dis (b) in 30 C.F.R. 301.40, 301.68 imposing Third cause of action criminatory treatment by a mine operator in upon coal miners the burden (1) of apply violation of Section llO(b) (1) of the Act, 15. On March 28, 1970, defendant Hickel ing for and the burden of proof of entitle and that in proceedings on that application ment to compensation for wages lost be published in the Federal Register, 35 F.R. the miner shall have the burden of proof. 5255-58 as amended on May 4, 1970, and cause of mine closure for safety reasons, and 23. The regulations, insofar as they im (ii) the burden of proof upon review of published in the Federal Register on May 7, pose the burden of proof upon the miner, discriminatory discharge or other discrimi 1970, 35 F.R. 7281-82, regulations establish are unlawful and in violation of Section 110 natory treatment. ing procedures under the Act, including reg (b) (2) of the Act, which provides that upon 28. Plaintiffs pray that this Court declare ulations purporting to establish a schedule aipplication for review of a discriminatory that defendants have failed to perform a of fixed penalties for violations of the Act. discharge or other action, the Secretary of the duty owed to plaintiffs Burton, Hechler and 16. The regulations, designated 30 C.F.R. Interior shall make an investigation and give O'Hara, to all other members of the Congress 301.50, 35 F.R. 5257, 7182, purport to estab the parties opportunity to present informa of the United States and to plaintiff Mendez lish a schedule of fixed penalties for viola tion at a hearing, and which imposes the and all other coal miners faithfully to exe tions of the safety and health requirements burden of the investigation upon the Secre cute and carry out the will of the Congress established by and pursuant to the Act and tary, not the miner. as expressed in the Federal Coal Mine Health provide that upon payment by the violator Injury to plaintiffs and Safety Act of 1969, by failing to act of the fixed amount provided, no further within the time limits prescribed by law. proceedings shall be held. 24. Defendants' failure to perform the min isterial duties imposed upon them by the 17. The purported schedule of fixed penal APPENDIX A ties is unlawful and in violation of Section Act have had and wm continue to have the U.S. DEPARTMENT OF THE INTERIOR, 109 (a) ( 1) of the Act, which requires the effect of thwarting the will of the Congress, Secretary of the Interior, in assessing the of which plaintiffs O'Hara, Hechler and Bur BUREAU OF MINES penalty for any violation to consider for ton are members, as expressed in an Act Washington, D.C., May 25, 1970. of Congress duly enacted and approved by Hon. JULIA BUTLER HANSEN, each such violation a mine operator•s his House of Representatives, tory of past violations, the size of the mine, the President of the United States. any negligence of the operator, the effect 25. The failure of defendants to perform Washington, D.C. of the penalty on continuation of the busi the ministerial duties imposed upon them by DEAR MRs. HANSEN: In response to a tele ness, the gravity of the violation and the the Act will perpetuate and continue for phone request from Mr. Carlson, we have en good faith of the operator as demonstrated plaintiff Mendez and all other coal miners, closed a list of coal mines in which spot in by efforts to remedy the violation. beyond the period of time provided by law, spections shall be made pursuant to Section the following dangers to health and safe 103(1) of the Federal Coal Mine Health and 18. The purported schedule of fixed penal Safety Act of 1969. ties and the summary payment procedure is ty that it was the intent and will of the Congress to remove: Please pay special attention to the expla unlawful and in violation of Section 109(a) (a) danger of pneumoconiosis, or black nation of code identification "a". Section 103 (3) of the Act, which requires the Secretary lung disease, from excessive concentrations ( i) provides that one of the criteria which of the Interior to determine, in ea.ch case of of coal dust in mine atmospheres; will require spot inspections is liberation of alleged violation, that a violation did occur: (b) danger of death or serious injury from excessive quantities of methane or other ex to make findings of fact, and to assess an plosive gases. A methane liberation of more appropriate penalty. explosions of excessive quantities of explo sive gases in mine atmospheres and from than 100,000 cubic feet in 24 hours is con 19. Legal action against the defendants, sidered at this time as an excessive quantity, other unsafe conditions that would be dis but this figure is subject to change. And, as alleging that the schedule of fixed penalties covered in the course of mandatory "spot" is unlawful, has resulted in an order of court conditions in mines change, the mines iden inspections and corrected; tified as coming under each of the codes also restraining defendants from enforcing the ( c) myriad dangers that mine opera.tors act. will be subject to change. will fail to remove because of procedural In view thereof, the enclosed record of Fourth cause of action provisions, in connection with penalties for mines now subject to spot inspections is not 20. On March 28, 1970, defendant Hickel violations and claims for compensation for static and Will change With conditions in the published in the Federal Register, 35 F.R. wages owed because of mine closures, that mines. We intend to keep the list up-to-date. 5257, 5258, regulations, designated 80 C.F .R. are unduly discrlminatorily and unlawfully Sincerely yours, 301.40 and 301.68, which purport to provide favorable to mine operators and unfavor EARL T. HAYES, that a miner is to make application to the able to miners. (For the Director).
COAL MINES IN WHICH SPOT INSPECTIONS SHALL BE MADE PURSUANT TO SEC. 103(i) OF THE FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969
Code• Mine Company State b 22528 CONGRESSIONAL RECORD -HOUSE July 1, 1970
COAL MINES IN WHICH SPOT INSPECTIONS SHALL BE MADE PURSUANT TO SEC. 103(i) OF THE FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1!169-Continued
Codet Mine Company State
Rose Valley No. 6------Hanna Coal Co., Division of Consolidation Coal Co ______do ______x Nelms No. 1------The Youghiogheny and Ohio Coal Co ______do ______X Nelms No 2__ __ do do __ ·X Beech Bottom ______------Windsor Power House Coal Co ___ ------West Virginia __ ------X Alexander The Valley Camp Coal Co do _ X Valley Camp No 1 - do do _ __ X Valley Camp No 3 - do do __ X Shoemaker------Ohio Valley, Division of Consolidation Coal Co ______do ______x Ireland ______------___ ------__ do ____ ------___ _do______X Coal mine safety, District B: Bishop_------Bishop Coal Co ______West Virginia------X X No. 33-37-__ _ do do __ X No. 1 Cedar Grove ______Boone County Coal Corp ______do ______X No. 1_____ C & B Coals Inc do __ X Nos 3 and 4 Cannelton Coal Co do __ X X No. 8______do · do ____ X
Newhall No. 6______-- __ ------_do __ ------__ do __ ------___ • -- - __ __ X
Slab~t{~:~~~ Fork No. i~== 8 __== ------======---- == ==------======------======J;~~~ii:~cgi~~M-- __ do ___ ------J~~n~~ ~~:-:~ == ==--- ======------======-- ==-- ==---- == ==---- ====. - =______= == == JL= do ____ ==------======___ = X~ ii~~:~~t//=/+?\/I\/~;;.~;;;,;~~0:~~tH///t=/tttt)=JE/I/t)+ ~------:~::::::: HamptonHunter ____ No______4 ______----- ______Smithdo and Stover Coal Co ______----- ______do ______X ltmann No. l______------ltmann Coal Co_------______do ______X ltmann No. 3 ______------____ do ____ ------. ------__ do __ ------_ X JtmannNo4_ - do - - do X Tralee ______------Semet Solvay, Division of Allied Chemical Corp ______do ______------X Shannon Branch ______----_ ------. __do __ • - •. ------__ do __ __ --- - ___ --- __ -- __ - --- _ X No. 2 ______------______United States Steel Corp __ ------do ______------______X
~~: lt ~~~ _3_ ~~~~-~~~~~======:: :: =: :: :: :: ======:: :-setii1i11eni 1ffrie-s-cori>:: :: : : :: :: :: == :: :: :: :: :: :::: :: :: :: :: :: ==~~== :: :: :: :: :: :: :::::::: :: : ~ No. 44 ______------_do _. -- -. ------• ------• -- -- __ do __ ------. _ X Consol No. 9 _____ ------______Mountaineer Coal Co., Division of Consolidation Coal Co ______do ______------. x x x ~o0~eJ~~g_e_-_----= === :: :: == == =: == == :: :: ======:: :: ======:: J~==== :: == ==:: ======:: == :: == :: ::::::::::: ==: ======~~======: =:: : ==: :: :: : : :: : ~ Robinson Run No. 95 ______------______do __ ------· - • ------______do ______------X Williams ______------.------. -- __ do ____ ------.. ------.. ______do ______------. -- - X ifili~tiI_:t:Imiii~~~i=~i=rntmmii@:rnEIJLEFF7i\?i17Tmmmmimmlm_llmlmmJ==i/f :;;; O'Donnel No. !______------______. Rochester & Pittsburgh Coal Co ______------______do __ ------.------X-- ______------Olga ______------__ .. __ . Olga Coal Co ___ ------_. ____ do ____ ------______X---- ______July 1, 1970 CONGRESSIONAL RECORD - HOUSE 22529
Code t Mine Company State b
Coal mine safety , District B:-Continued ~~ral~n ______-- __ -- _- - ___ ------______Amh~~st Coal Co ______------____ ------~~------==- __ ~ ------Sewell No. L ______------______-- - Sewell Coal Co _- - _- -- _- -- -- __ -- __ -- ______do ______X - ______i{~}i{~iJ{\(/iiiii/HEiiiiii )~~ff ~f Jff ~!·:-/tt++E!H)ii\iJEi~t+i?+l +l /i Coal Mine safety, District C: Lambert Fork ______------___ _------____ do ______------______------Virginia_ _------______X x
~======J~======JL======E x E ~~~~ ~ ~: t ~~~:: 0 1 0 1 ~i1t~t~0.\~ :~~-~:: == === :======-vie-st!ore1aiid-coa i co______:::::::::======:::======~~======-= : __- x ------x 51
11('.if1l~ :~IJ!I:J~:ill:!i!/i/:!i!/il!figf !lt '.Jll;;;;i:;;;:::::1::;;;:;:;J\l .'./l/ill:i:::::: ::: :![i[[i[ -;----.. :x Coal mine Safety, District D: ------X fm~~f°nd______------=lslan;~ Creek ta I Co __ __------;t------======~ - ======·======
tl~~~i~!n_======: ======~~======::::: ===:: == == =:: =:: == : =: =::::: ======: J~======: ======: = ~ ======:
~:~1~iQu-eeri: ======~~~;~~ i~~ri/~~ ~ ~~~~ ======J~ ======-= == ~======llt~~I?:::=::::::::::==::::::::==::?::::· :::i:·:~:::~::~:(l;;:ti:?:??::::?:::::-:,,~i{V"??:?:?\l·--- }:::::::
~~ig~op ======~ii~~;m~t~~'i>i~~ti~i~d~:toe_ ======J~ ======x Bessie ______-- _------_------___ do __ ------__ ----~~:~-- --==- _------______-- ______do ______X~ Concord No. l______------United States Steel Corp ____ ------______------_____ Alabama ______X No. 2A ------C. L. Cline Coal Co ______------______Tennessee ______X------No. 5______------_____ Sahara Coal Company, Inc __ ------_ Illinois ______X No. 16 ______- -- __------___ - __ ------_do ____ ------___ ----- _____ - ______do ______X Spartan ______Bell & Zoller Coal Co ______------__ ------___ _do ______X ~~j~~e{ :o~}______------______-Free~an Coal-Mining Corp ____ ------_------~~ ------=- ~ Orient No. 6__ _------__ __------__ ------______do ___ ------__ ------____ ---- ______do ______- ·· -- ______X ______Orient No. 3______-- ___ _-- _____ - __-- __ do __ ---- _------_- __ __ -- ______do ______X - ______Orient No. 5______-- __ ------__- - -- __do __ -- -- ____ -- ______do ______------______X -- ______Crown ______-- __ -- __ -- __ -- __- _------__ do __ ------_____ -- __ -- ______do ______X-- ______Murdock ______Moffet Coal Co ______do ______X------______Inland ______------_____ Inland Steel Co _____---- ______do ______------______X -- ______No. 2L ______Old Ben Coal Corp ______do ______------______X - - ______No. 24 ______do ______do ______X -- ______No. 26 ______-- ______---- __ do _____ - ______do ______X-- ______No. 10 ______---- - _ Peabody Coal Co ______do ______X-- ______
======:: == = = :: =:: == = :: ==: == =: == - == :: == :: ======:= == :: ======_ , ""~·----======: ======: == - ~ == ===;: ) =::::: x l{~,~;.LHowe No. L _ __ ------:tiihr.:,;,;,1::Howe Coal Co ______~~______: ------______Oklahoma _------____ ------X------X Choctaw ______Kerr-McGee Corp ______do ______X Coal mine safety, District E: Allen ______------C. F. & I. Steel Corp ______Colorado ______X Bear ______------______Bear Coal Co ______------______do ______x x Dutch Creek No . 1------Mid-Continent Coal & Coke Co ______do ______X X X L. S. Wood __ ___ ------______------___ do ______------__ ------______do ______------X X Somerset______United States Steel Corp ______do ______X ______x Burnwell No. 1______Oren A. Pilcher, Operator______do ______x Geneva ______United States Steel Corp ______Utah ______X Kenilworth ______The North American Coal Corp ______do ______X x No. 2 ______Carbon Fuel Co ______------______do ______X x 1 1 i~ ~~%~aenN~nr ======k~T:~\~e~no~g======~~======~ x x 0 ~~~rn~~~o~ N~ . l __ __ ------______---- __ ---- ______J~ -- ___ __------__ __ ---- ______-New d~exico ______------__ ~
1 Code identifications: b eQuals mines in wh ich a methane or other gas ignition or explosion has occurred which a eQuals mines that liberate more than 100,000 cubic feet of methane in 24 hours. resulted in death or serious physical injury during the previous 5 years. c eQuals mines in which other especially hazardous cond itions exist.
APPENDIX B MINES THAT HAVE BEEN SPOT INSPECTED
Date Mine Company Location Date Mine Company Location
Apr.15, 1970 ______Montour No. 4 ______Pittsburgh Coal Co ______Lawrence, Washington Apr. 17, 1970 ______Howe Mine No. 1_ ___ Howe Coal Co ______Heavener, Leflore County, Pa . Cou nty, Okla. Apr. 22, 1970 ______Jane Nos. 1 and 2 ___ Rochester & Pittsburgh Elderton , Armstrong Apr. 30, 1970 ______do ______do______Do. Coal Co. County, Pa. April 14, 1970 ______Homer City ______Helen Mining Co ______Homer City, Indiana Apr. 22- 23, 1970 ___ Harold No.!______Allegheny River Mining South Buffalo, Township, County, Pa. Co. Armstrong County, Pa . April 17, 1970 _____ No. 4______Liberty Coal Co ______Hyden, Ky. Apr. 16, 1970 ______Choctaw ______Kerr-McGee Corp ______Stigler, Haskell County, March 17, 1970 1 ___ No. 10 ______Slab Fork Coal Co ______Tams, Raleigh County, Okla. W. Va . Apr. 22, 1970 ______do ______do ______------____ Do. Dot ______No. 16 ______Imperial Colliery Co ___ __ Burnsville, Kanawha Apr. 30, 1970 ______do ______do __ __------Do. County, W. Va.
1 These were overlooked on previous reports from the district. 22530 CONGRESSIONAL RECORD - HOUSE July 1, 1970 APPENDIX C Mr. AYRES in three instances. rrovisions of section 5(e) of the Communica MINERS KILLED IN APRIL 1970 IN MINES THAT Mr. MIZE in two instances. tions Act, as a.mended; to the Committee on SHOULD HA VE BEEN SPOT INSPECTED Mr.REIFEL. Interstate and Foreign Commerce. 1. John BOZlich, killed April 3, 1970, at Mr. GOODLING. 2167. A letter from the Attorney General, Harman Coal Co., Harmon, Pennsylvania. transmitting his appraisal of existing laws Mr. ASHBROOK. and regulations which seek to preclude the 2. Stanley J. Bensky, killed April 4, 1970, Mr. WYDLER. at Lancaster No. 20, Barnes & Tucker Co., disruption of departments of the Govern Carrolltown, Pennsylvania. Mr. SKUBITz in two instances. ment responsible for the national security, 3. Victor F. Tranquillo, killed April 15, (The following Members EXTENSIONS OF REMARKS THE STATES AND THE SCHOOLS: ing him out and selling him short; of ignor right kind of raw material for building a 21st . LAST CHANCE ing the very human signs he fl.ashes t.o us; Century maturity. Speaking of one school, a of assuming that classrooms-unlike the student said: "Here is where it isn't." universe--<:an stand still. There have been many periods of the HON. LAURENCE J. BURTON It is the nature of youth to demand rather dynamic. This is only one. Perhaps we feel than to ask; to question rather than to ac it to be more crucial because it's the one OF UTAH cept; to embrace tomorrow rather than to we're in. It is not comfortable to be assigned IN THE HOUSE OF REPRESENTATIVES revere yesterday; to go beyond bondage rath to a dynamic age. It requires constant, alert, Monday, June 29, 1970 er than run into it. There is much complaint and creative participation, or you Just get about "campus unrest," be it the campus of kicked off into the bramble. Not very kindly, Mr. BURTON of Utah. Mr. Speaker, a junior high or a famous college. There has but very common. the July 1970 issue of American School been so much talk about it-and so many Perhaps some students are making out Board Journal contains a provocative scuffles-that we may be having a counter rageous demands. But, t.o and beyond the article by Tom McCall, Governor of Ore reaction. We may be, in 1970, ripe and ready limit of patience, we must make an effort to gon, and chairman of the Education to shut off our reason and open the passion translate from the statement of their griev valve. ance t.o the concept of its cause. Then we Commission of the States. I commend it But-in every carefully considered and can perhaps judge. to the attention of those of you who thoughtfully written document about this But these students aren't the only angry may have missed it: stirring in the young hearts--there is only segment. Parents have become wary and THE STATES AND THE SCHOOLS: LAST-CHANCE one recurring message: Listen to them be weary of the whole imbroglio. It sometimes ALLIANCE fore you condemn them. Listen t.o what they seems they wish merely an end t.o the noise (By Tom McOall} are saying and attempt to Judge why they and a return of elm trees and swimming are saying it. And stop assuming they are holes-devoutly t.o be wished but realistically It ls not a flat plane we have here in edu automatically wrong because they're making out of reach. cation. It ls a many-faceted extension of the uneasy noises. And the teachers. They are not tall, stern, It ls world's bumpy social geography. a time We should not forget that it is 5 percent and quiet in their workshops, either. Life of audacious students, angry teachers, be of the students who are throwing bricks and magazine recently published an article called Wlldered school boards, and parents cata fire bombs. The other 95 percent are throw "Our Angry Teachers." It had some :flaming tonic with conflict they often seem unable to ing ideas. Put out the fires--but don't put quotations from members of the profession. understand. out the ideas. And do not make the mistake, A brief sampler: But why should me expect otherwise? The nearly all experts _urge, of trying to lump the "We teachers are tired of all this being entire world is spinning int.o a new phase of restless students into one growling metaphor. nice guys; now we're applying some muscle." existence. And, as in all phases, we stand They don't even do that to themselves. "The public rendered us sterile. We never forever in danger of losing the fresh, young Some students clearly feel that-as far as talked about salaries, even though every mind of the student at its most productive their sources of education in America are other profession was demanding more money. moment. We stand forever in danger of sell- concerned-they are not getting all of the Education was left way behind because those