12818 CONGRESSIONAL RECORD-SENATE OCTOBER 9 By Mr. HARRISON of Virginia: tude for all the manifestations of Thy struction of access roads certified as essen- H. R. 5654. A bill to repeal certain provi- purpose and power and for Thy never- tial to the national defense. sions of the Social Security Act; to the Com- mittee on Ways and Means. changing faithfulness throughout all ENROLLED BILLS SIGNED BY PRESIDENT By Mr. KING: generations. We rejoice, that in the PRO TEMPORE H. R. 5655. A bill to amend the Social Se- midst of these critical times when our The PRESIDENT pro tempore an- curity Act, so as to reduce the amount of the troubles multiply, Thy word, O God, nounced that on today, October 9, 1951, deductions which may be made on account of stands sure. he signed outside income from the benefits payable to the following enrolled bills, Be pleased now to lend a merciful ear which had previously been signed by the certain individuals thereunder; to the Com- to our supplications, especially as we mittee on Ways and Means. Speaker of the House of Representatives: pray for these Thy servants, who have 8.283. An act for the relief of Akiko authority and power over their fellow PRIVATE BILLS AND RESOLUTIONS Mitsuhata; men. Grant that they may not use it S. 617. An act for the relief of Pascal Under clause 1 of rule XXII, private for selfish advantage, but be guided to Nemoto Yutaka; bills and resolutions were introduced do justice and to love mercy. Guard the S.1013. An act for the relief of Sister and severally referred as follows: dignity of this august body by tempering Monica Grant; By Mr. ALLEN of California (by re- the all too rash and hasty judgments S. 1277. An act for the relief of John R. Willoughby; quest) : hurled upon it, and by increasing the H. R. 5656. A bill for the relief of Sam S. 1437. An act for the relief of Maiku courage, industry, honesty, and integrity Suzuki; Rosenblat; to the Committee on the Judi- of its Members. Defend them from evil, ciary. S. 1464. An act for the relief of Peter Ther- By Mr. HELLER: enrich them with all needed good, and kelsen Kirwan and Ernest O'Gorman Kirwan; H.R. 5657. A bill for the relief of Ber- direct and prosper their consultations, to S. 1499. An act for the relief of Georgette nard Gross; to the Committee on the Judi- the end that the safety, honor, and wel- Sato; ciary. fare of Thy people may everywhere be S. 1713. An act for the relief of Charles H. R. 5658. A bill for he relief of William preserved and Thy glory everywhere ad- Cooper; W. Kleinman; to the Committee on the Ju- vanced. S. 1718. An act for the relief of Elizabeth diciary. away our Bozsik; By Mr. RADWAN: We beseech Thee to take S. 1775. An act for the relief of Heinz H. R. 5659. A bill for the relief of Mrs. feebleness toward the things of the spirit, Harald Patterson; Hermine Lamb; to the Committee on the keeping us mindful of our sins; not that S. 1994. An act to authorize the use of the Judiciary. we might be ashamed to lift up our eyes incompleted submarine Ulua as a target for By Mr. WALTER: to new horizons of godly service and explosive tests, and for other rurposes; H. R. 5660. A bill to effect entry of a mi- sacrifice, not that we might fear to press H. R. 1227. An act to amend further the nor child adopted or to be adopted by United forward in new adventures of faith, but act entitled "An act to authorize the con- States citizens; to the Committee on the Ju- that we might in true humility beg Thy struction of experimental submarines, and diciary. forgiveness and firmly resolve to do bet- for other purposes," approved May 16, 1947, By Mr. WIER: as amended; H. R. 5661. A bill for the relief of Ayako ter. Speed the day when peace and II. R. 4475. An act to amend the Agricul- Waki; to the Committee on the Judiciary. happiness, truth and justice, religion and tural Adjustment Act of 1938, as amended; piety may be established among us for all and PETITIONS, ETC. generations. Through Jesus Christ our H. R. 5102. An act to authorize the Secre- Lord. Amen. tary of the Navy to enlarge existing water- Under clause 1 of rule XXII, petitions supply facilities for THE JOURNAL the San Diego, Calif., and papers were laid on the Clerk's desk area in order to insure the existence of an and referred as follows: On request of Mr. MCFARLAND, and by adequate water supply for naval installations 451. By Mr. CANFIELD: Resolution unan- unanimous' consent, the reading of the and defense production plants in such area. imously passed on October 5, 1951, by the Journal of the proceedings of Monday, LEAVE OF ABSENCE Press Association at its Thirti- October 8, 1951, was dispensed with. eth Annual Press Institute at Rutgers Uni- Mr. LEHMAN. Mr. President, I ask versity, New Brunswick, N. J., to use every MESSAGE FROM THE PRESIDENT unanimous consent to be absent from appropriate method to demand that Presi- A message in writing from the Presi- the Senate tomorrow in observance of dent Truman modify his Executive order so dent of the submitting one of the most solemn holy days of my that the public may have news and informa- faith. tion which is its nominations was communicated to the right under the Constitu- The PRESIDENT pro tempore. tion; to the Committee on the Judiciary. Senate by.Mr. Miller, one of his secre- With- 452. Also, resolution unanimously adopt- taries. out objection, it is so ordered. ed by the editorial committee of the New MESSAGE FROM THE HOUSE TRANSACTION OF ROUTINE BUSINESS Jersey Press Association urging that the United States Government break off diplo- A message from the House of Repre- Mr. McFARLAND. Mr. President, I matic and trade relations with Czechoslo- sentatives, by Mr. Maurer, one of its ask unanimous consent that Senators be vakia, to cancel visas issued to Czechoslo- reading clerks, announced that the permitted to make insertions in the REC- vak citizens, and to freeze the assets of House had passed the bill (S. 1335) to ORD and transact other routine business, Czechoslovakia in this country until such readjust size and weight limitations on without debate. time as William N. Oatis is freed; to the fourth-class (parcel post) mail, with The PRESIDENT pro tempore. With- Committee on Foreign Affairs. it is so ordered. 453. By the SPEAKER: Petition of West amendments, in which it requested the out objection, Palm Beach Townsend Club, No. 1, of West concurrence of the Senate. SNAKE RIVER RECLAMATION PROJECT Palm Beach, Fla., vigorously protesting the ENROLLED BILLS SIGNED The PRESIDENT pro tempore laid be- proposed opening of the welfare rolls to public exposure; to the Committee on Ways The message also announced that the fore the Senate a letter from the Sec- and Means. Speaker had affixed his signature to the retary of the Interior, transmitting a following enrolled bills, and they were draft of proposed legislation to author- signed by the President pro tempore: ize the construction, operation, and H. R. 5113. An act to maintain the security maintenance of the initial phase of the SENATE and promote the foreign policy and provide Snake River reclamation project by the which, with TUESDAY, OCTOBER for the general welfare of the United States Secretary of the Interior, 9, 1951 by furnishing assistance to friendly nations the accompanying papers, was referred (Legislative day of Monday, October 1, in the interest of international peace and to the Committee on Interior and Insu- 1951) security; lar Affairs. H. R. 5257. An act to amend section 9 of PETITIONS AND MEMORIALS The Senate met at 12 o'clock meridian, the Federal-Aid Highway Act of 1950 (64 on the expiration of the recess. Stat. 785) to increase the amount available Petitions, etc., were laid before the as Rev. Robert W. Olewiler, minister, as an emergency relief fund for the repair Senate, or presented, and referred Grace Reformed Church, Washington, or reconstruction of highways and bridges indicated: D. C., offered the following prayer: damaged by floods or other catastrophes; and By the PRESIDENT pro tempore: H. R. 5504. An act to amend section 12 of Resolutions adopted by the Town- Almighty God, our Heavenly Father, the Federal-Aid Highway Act of 1950 to in- send Club, No. 22; the Boynton Beach Town- once again we raise our voice in grati- crease the amount available for the con- send Club, No. 1; the Townsend Club, No. 1, 1951 CONGRESSIONAL RECORD-SENATE 12819

of Miami, and the West Palm Beach Town- Lu?u L. Thomson, and sundry other citi- fore upon seeing a facsimile of the aforesaid send Club, No. 1; all in the State of , zens of Portales, N. Mex., praying for petition from the CONGRESSIONAL RECORD protesting against the opening of the wel- the enactment of legislation providing with its allegations about Gov. Phelps fare rolls to public exposure; to the Com- equal rights. Phelps which was not what had been repre- mittee on Finance. sented to them as being the contents and By Mr. SALTONSTALL (for himself and There being no objection, the petition substance of the said peition at the time Mr. LODGE): was ordered to lie on the table and to be their signatures were subscribed; and Resolutions of the General Court of the printed in the RECORD, as follows: Whereas all the allegations in the petition Commonwealth of Massachusetts, favoring PORTALES,N. MEX., September 27, 1951. about and attacking Gov. Phelps Phelps can the enactment of legislation providing for To the Honorable DENNIS CHAVEZ, never or ever will alter the belief of the Fono a shipbuilding program; to the Committee United State Senator for New Mexico. of , leaders, and repre- on Interstate and Foreign Commerce. DEAR SENATOR CHAVEZ: We, the Portales sentatives of families, churches and groups (See resolutions printed in full when laid Business and Professional Women's Club, in the hereinbefore-mentioned Gov. Phelps before the Senate by the President pro tern- petition you, and through you, the United Phelps, who has ever shown and displayed pore on October 8, 1951, p. 12736, CON- States Congress, to pass the equal rights those qualities of goodness, love, and justice GRESSIONALRECORD.) amendment during this session of Congress. in his administration and as proven by his amend- acts before the public: Now, therefore, be it DECLARATION OF INDEPENDENCE NA- We are supporting the equal rights ment in its original form, and disapprove Resolved, That Washington be cdvised of TIONAL SHRINE-RESOLUTION OF CITY any riders, amendments, or changes in word- the falsity and groundlessness of such alle- PA. COUNCIL, PHILADELPHIA, ing, which would have the effect of con- gations as directed at Gov. Phelps Phelps and Mr. MARTIN. Mr. President, I pre- tinuing the inequalities which we seek to contained in said petition of May 2, 1951, sent for appropriate reference a resolu- eliminate. from one-half of 1 percent of the population The text of the equal rights amendment of American Samoa; and be it furthe * tion adopted by the City Council of Phil- Resolved, That the press be authorized to 4. is "that equality of rights under the law adelphia on October shall not be denied or abridged by the United print and publish the facts in this hoax The resolution calls attention to the States or by any State on account of sex. played on Washington by this petition of neglect of the site in Philadelphia where "Congress and the several States shall have May 2, 1951, for the information of the public the Declaration of Independence was power, within their respective jurisdictions and especially those interested in the affairs written. It urges that the site be to enforce this article by appropriate legis- of the government of American Samoa; and acquired by the United States Govern- lation. be it finally ment, that it be designated as a historic "This amendment shall take effect 1 year Resolved, That a letter of commendation of after the date of ratification." for Gov. Phelps Phelps be drafted and deliv- shrine and maintained as a place ered and copies thereof be forwarded to patriotic inspiration for all the people ADMINISTRATION BY GO7ERNOR PHELPS Washington and the Chief Executive and the of the United States. OF AMERICAN SAMOA-RESOLUTIONS legislature of Gov. Phelps Phelps' home State I ask unanimous consent that the res- OF LEGISLATURE OF AMERICAN SAMOA (). olution be printed in the RECORD. Mr. BUTLER of Nebraska. Mr. Pres- the resolu- Resolution n There being no objection, refer- was referred to the Committee on ident, I present for appropriate tion ence, and ask unanimous consent to have Whereas the Committee on Rules and and Administration and ordered House Administration is in possession of the Rules printed in the RECORD, four resolutions in the, RECORD, as follows: truth from its investigation and examina- to be printed of the Territorial Legislature of Amer- RESOLUTION REQUESTING THE GOVERNMENT OP tion of the signers of the petition of May 2, ican Samoa, the Fono, together with a 1951, THE UNITED STATES TO ACQUIRE AND MAIN- addressed to the President of the United TAIN AS A NATIONAL SHRINE THE LOCATION OF copy of an official resolution directed to States, the Congress of the United States. THE DRAFT AND PREPARATION OF THE DECLA- the Governor by the Fono. The resolu- and the Secretaries of the Interior and Navy, RATIONOF INDEPENDENCE tions concern the administration of the commending one Fred I. Simon; and Whereas the aforementioned petition Whereas the year 1951 marks the one hun- island's first civilian governor, Hon. in answer to contained allegations galore which are in- dred and seventy-fifth anniversary of the Phelps Phelps. They are jurious and derogatory to the efficient opera- of the Declaration of signing and adoption and in rebuttal of serious criticism tion of the government of American Samoa, of the prin- Independence and the statement against Governor Phelps by a group of the Fono, and Manu's, and especially ciples upon which this Nation was estab- Samoans whose statement was published of the commendable and just administration lished; and in the CONGRESSIONAL RECORD, beginning of Gov. Phelps Phelps; and of Independence Whereas the Declaration Whereas the aforesaid committee is aware locat- on page A4816 of the Appendix. was written and prepared in a building and cognizant that the number of witnesses ed at the southwest corner of Seventh and I have no personal knowledge what- disclaiming all knowledge of said petition in the city of Philadelphia; ever of the present political situation in Market Streets, and had declared their signatures under such and American Samoa, and do not in any way circumstances as rank forgeries, together Whereas the site of the said building is wish to be taking one side or another with the infant signatories, is sufficient; and ownership and used for com- now in private in any differences of opinion between the Whereas decision in the matter was de- mercial purposes without even a marker to Governor and any group of Samoans. ferred until consideration thereof by the designate the great historic event that took Pono in its special session of August 22, 1351, place at that location; and However, I do feel that in the interests of justice and truth, both sides should and the Fono having so proceeded: ILow, Whereas the site should be in the owner- therefore, be it ship of the Government of the United States receive equal opportunity for presenta- Resolved, That wherever obvious and/or to be maintained as a shrine for all of the and hence I am tion of their views, evident violators of and offenses against the people of the United States and as an in- happy to accede to the Interior Depart- laws of American Samoa as found in the said spiration to their citizenship and patriotism: ment's request. investigation shall be communicated to the Therefore There being no objection, the resolu- Attorney General of American Samoa for Resolved by the Council of the City ol prosecution according to law. Philadelphia, That the Government of the tions were referred to the Committee on United States is hereby requested to acquire Interior and Insular Affairs and ordered and to maintain as a patriotic shrine the to be printed in the RECORD, as follows: Resolution III land at the southwest corner of Seventh and Resolution I Whereas the Committee on Rules and Market Streets House Administration has conclusive in the city of Philadelphia Whereas in the investigation undertaken proof where the Declaration of Independence was and the facts obtained from its investiga- by the Committee on Rules and House Ad- drafted and prepared. tion and examination of witnesses called be- ministration it was shown in the testimony Resolved, That the clerk fore it with regard to the petition dated May of city council of several witnesses examined with refer- send a copy of this resolution to the Presi- 2, 1951, by persons from Alataua County and May 2, 1951, that the dent of the United States and to the Sen- ence to the petition of Faumuina of Sa'ole County addressed to the ators and Members of the House of Repre- signatures of said witnesses had been affixed President and the Congress of the United sentatives from the Commonwealth of Penn- to blank paper which circumstance implied States and the Secretaries of the Navy and sylvania. that they knew nothing of or about said peti- Interior, which petition has affected the op- eration of the Government of EQUAL RIGHTS AMENDMENT-PETITION tion, and yet these "blank papers" have come American to jeopardize the good administration of Goyv. Samoa under the administration of Gov. Mr. CHAVEZ. Mr. President, I pre- Phelps Phelps; and Phelps Phelps, the Fono, the Department of the Navy, and the Government of American sent for appropriate reference, and ask Whereas some of the chiefs among the sig- unanimous consent to have Samoa; and printed in natories have affirmed their satisfaction with Whereas the said investigation has re- the RECORD, a petition signed by Estelle the administration of Gov. Phelps Phelps vealed not only from the testimony but M. Johnston, Helen M. Armstrong, and and experienced very great surprise there- also by direct examination the fact of the XCVII-807 12820 CONGRESSIONAL RECORD-SENATE OCTOBER 9 participation of several Members of either Whereas these commendable' services by In order to accord the veteran of the House of the Fono in the proceedings under His Excellency Gov. Phelps Phelps, for Korean war the same treatment as other question; and the progressive and prosperous welfare of veterans, I introduce for appropriate Whereas the foregoing committee is con- the people of American Samoa are well vinced of the impropriety and folly for a functioned for the cause of self-improve- reference a bill to place veterans of the member of the legislature to be concerned ment in all activities concerned under his Korean war-persons who served in the in actions misleading and detrimental to the governorship; control, and serving for the Armed Forces at any time on or after peace and happiness of the Fono and the prosperity and well-being of the people of June 27, 1950, and before a date to be people and Government of American Samoa; American Samoa through earnestness, be- determined by the President-on the and nevolence, patience, and faithfulness; and same footing as veterans of World War Whereas it is clear from section 86 of the Whereas such meritorious action must II with respect to the renting or purchase code that either House of the Fono shall be never go unnoticed by the people of Ameri- of houses under programs the sole tribunal with respect to its mem- can Samoa: Now, therefore, be it administered bers: Now, therefore, be it Resolved, That the herelnabove-mentioned by the Housing and Home Finance Resolved, That each house of the Fono un- Gov. Phelps Phelps, by these presents Agency. dertake an investigation of those members be commended and congratulated for such The bill would not, however, give vet- known and proven to have been concerned fine work; and be it further erans of the Korean war benefits under in said petition of May 2, 1951, and to render Resolved, That such commendation be the Servicemen's Readjustment Act of its decision In the next session of the Fono published in the CONGRESSIONAL RECORD of 1944, as amended, inasmuch as legisla- or the earliest available opportunity. the United States Government, and, that tion for that purpose is now pending be- such commendation be published in the fore other Resolution IV local monthly paper O Le Featonu for the committees. Whereas exhaustive investigation has re- information of the public; and be it finally The bill would not result in any in- vealed and proven to the Committee on Rules Resolved, That a copy of said commenda- creased costs to the Government except and House Administration the monstrously tion be forwarded to the Governor of New for very minor additional administrative outrageous and villainous practices followed York State for th2 information of the legis- costs. In the formulations of the petition of May lature and people of the same State of Gov. I ask unanimous consent that a sum- 2, 1951, and especially in the trickery played Phelps Phelps. mary of the Solfua. provisions of the bill be upon honest but credulous persons in ob- printed taining their signatures without either their S. F. SATELE, in the RECORD as a part of my consent or knowledge and without treading Chairman of the House of Alii. remarks. the correct paths of human conduct, all con- M. T. TUIASOSOPO, The PRESIDENT pro tempore. The trary to law and much more so in the sight Speaker of the House of Representatives. bill will be received and appropriately re- of God; and BILLS AND JOINT RESOLUTION ferred, and, without objection, the sum- Whereas said petition under investigation mary will be printed in the RECORD. and to the knowledge of the said committee INTRODUCED The bill (S. 2244) operated to misinform and mislead the Presi- Bills and a joint resolution were to amend certain intro- housing legislation to grant preferences dent and the Congress of the United States duced, read the first time and, by unani- and also the Secretaries of the Interior and to veterans of the Korean conflict, intro- mous consent, the second time, and re- Navy Departments of that Government and duced by Mr. MAYBANK, was read ferred as follows: twice therefore injurious, derogatory, and dispar- by its title and referred to the Committee aging to their prestige and fair fame, by the By Mr. DIRKSEN: on Banking and Currency. nature and character of the contents of very S. 2212. A bill to provide a program of co- The summary aforesaid petition which are absolutely false, operation between the Weather Bureau and is as follows: deceiving and ill-advised; and consulting meteorologists; to the Committee SUMMARY OF PROPOSED LEGISLATION FOR Whereas these practices permitted the on Interstate and Foreign Commerce. HOUSING PREFERENCES TO KOREAN VETERANS cruel, uncharitable and unauthorized signing By Mr. CHAVEZ: LOW-RENT HOUSING of the names of babes and infants of some 8 S. 2243. A bill conferring jurisdiction upon Section 1 would amend the United States months, girls, boys, women and men who pos- the United States District Court for the Dis- Housing Act of 1937, as amended, sess not the least bit of an idea as to this to include trict of New Mexico to hear, determine, and as veterans to whom preferences are dark proceeding; and given render judgment upon certain claims for in rental of public low-rent Whereas said petition also outraged Sa- housing aided property damage arising as a result of the under that act persons who moan convention and protocol by its indis- served in the construction by the Uhited States of Ele- Armed Forces on or after cretions and imputations on native dignities, June 27, 1950, and phant Butte Dam on the Rio Grande; to the before a date to honors end rights which have been the cause be determined by the Presi- Committee on the Judiciary. dent. for innumerable dire occurrences in Samoa By Mr. MAYBANK: in the past, through its ill-use of and attri- WORLDWAR II WARAND VETERANS'HOUSING S. 2244. A bill to amend certain housing bution of falsehood to persons of rank and legislation to grant preferences to veterans Section 2 would give to persons who served consideration; and of the Korean conflict; to the Committee on in the Armed Forces on or after June 27, 1950, Whereas the hereinabove-mentioned com- and before a date to be determined by the mittee has heard the protest of several wit- Banking and Currency. (See the remarks of Mr. MAYBANK when he President the same preferences in the rental nes:ms in the investigation and their declara- of war and veterans' introduced the above bill, which appear housing and the pur- tion of disavowal of and dissent from said chase of war under a separate heading.) housing under the Lanham Act petition now thatthat ey do know they had as are afforded to veterans of World War II. been tricked; and By Mr. ECTON: Whereas it has been incorrectly and falsely S. 2245. A bill to approve repayment con- GREENTOWN PROJECTS represented to Washington that the docu- tracts negotiated with the Frenchtown irri- Section 3 would amend Public Law 65, ment was from "highest ranking chiefs, ora- gation district, the Malta irrigation district, Eighty-first Congress, which provided for sale tors, and duly representatives of American and the Glasgow irrigation district, to au- of the three so-called Greentown projects Samoa," when the investigating committee thorize their execution by the Secretary of with preference to groups of veterans, so as to knows that they are not as represented: Now, the Interior, and for other purposes; to the include in the term "veterans" those who therefore, be it Committee on Interior and Insular Affairs. served in the Armed Forces on or after June Resolved, That Washington be advised to By Mr. FULBRIGHT (for himself, Mr. 27, 1950, and before a date to be determined ignore altogether said petition of May 2, 1951, DOUGLAS, Mr. HILL, Mr. HUMPHREY, by the President. At the present time, there Mr. LEHMAN, Mr. PASTORE, Mr. AIKEN, remain under the jurisdiction of the Housing THE GOVERNMENT OF AMERICAN SAMOA, .Mr. MORSE, and Mr. IVES) : and Home Finance Agency (administered by THE LEGISLATURE, OFFICE OF THE FONO, S. J. Res. 107. Joint resolution to establish the Public Housing Administration) two of Tutuila, American Samoa, August 22, 1951. a Commission on Ethics in Government; to these projects located at Milwaukee, Wis., Hon. PHELPS PHELPS, the Committee on Labor and Public Welfare. and Greenbelt, Md. Governor of American Samoa: AMENDMENT OF CERTAIN HOUSING FHA-AIDED COOPERATIVE HOUSING Whereas the special session of the Fono of American Samoa held on Wednesday, LEGISLATION TO GRANT PREFERENCES Section 4 would extend to those who served August 22, 1951, resolved the congratulations TO VETERANS OF KOREAN CONFLICT In the Armed Forces on or after June 27, 1950, and a commendation should be extended to and before a date to be determined by the Mr. MAYBANK. Mr. President, the President the special FHA mortgage insur- His Excellency Gov. Phelps Phelps who of the Korean war are not, un- is the first civilian Governor of American veterans ance advantages to veterans afforded by sec- Samoa, for excellent, satisfactory, and faith- der existing legislation, given preference tion 213 of the National Housing Act. Under ful services rendered to the Government of in the purchase and occupancy of pub- this section cooperatives are given special American Samoa, and these self-same serv- licly owned war and low-rent housing, mortgage insurance benefits proportionate to ices have been evidenced and proven; and and of FHA-aided cooperative housing. the percentage of members who are veterans. 1951 CONGRESSIONAL RECORD-SENATE 12821 By Mr. CARLSON: COMMISSION ON ETHICS IN GOVERN- Resolutions adopted by Kansas League of Municipalities, at Topeka,into Kans.,the "must" on Septem- category because it nec- OF A COMMITTEE MENT-REPORT ber 17-19, 1951, requestingessarily the affectsenactment the byliberty and property Mr. DOUGLAS, from the Committee Congress of flood-reliefof legislation.our citizens. Nothing should be given greater attention or more prompt con- on Labor and Public Welfare, to which CALL OF THE ROLL was referred the joint resolution (S. J. sideration than a matter of this kind, Res. 107) to establish a Commission on Mr. McPARLAND.which Mr. is President,so fundamental I and so close Ethics in Government, reported it fa- suggest the absenceto of each a quorum. individual in this great country. vorably, without amendment, and sub- The PRESIDENT proSimply tempore. speaking, The this bill will add to mitted a report (No. 933) thereon. clerk will call the roll.the Federal judiciary 18 new district The Chief Clerk judgescalled andthe 1roll, circuit and judge. It also pro- ENROLLED BILLS PRESENTED the following Senatorsvides answered for the toholding their of court in addi- The Secretary of the Senate reported names: tional places, and makes certain tech- that on today, October 9, 1951, he pre- nical changes in the law applicable to the sented to the President of the United Aiken Green McMahon Federal judiciary, where it has appeared States, the following enrolled bills: Bennett Hayden Millikin justified. S. 283. An act for the reliet of Aktko Benton Hendrickson Monroney The Senate will remember that by Brewster Hennings Moody Eighty-first Con- Mitsuhata; Bricker Hickenlooper Morse Public Law 205 of the . 617. An act for the relief of Pascal Bridges Hill Mundt gress additional circuit and district Nemoto Yutaka; Butler, Md. Hoey Murray judges were provided for the Federal S. 1013. An act for the relief of Sister Butler, Nebr. Holland Neely judicial system in an effort to enable the Monica Grant; Cain Hunt Pastore to cope with the tremendous S. 1277. An act for the relief of John R. Carlson Ives Robertson judiciary Ca.:e Jenner Russell backlog of cases, and increased filings Willoughby; Chavez Johnson, Colo. Saltonstall of new cases, in districts and circuits S. 1437. An act for the relief of Maiku Clements Johnson, Tex. Schoeppel Suzuki; Connally Johnston, S. C. Smathers where the need was most apparent. As S. 1464. An act for the relief of Peter Ther- Cordon Kefauver Smith, Maine stated in the report on that legislation, kelsen Kirwan and Ernest O'Gorman Kirwan; Dirksen Kilgore Smith, N. J. it was only intended to take care of the S. 1499. An act for the relief of Georgette Douglas Knowland Smith, N. C. very minimum needs of the Federal judi- Sato; Duff Langer Sparkman ciary. A further study of the situation, An act for the relief of Charles Dworshak Lehman Stennis S. 1713. Eastland Lodge Taft as time has progressed, has shown the Cooper; Ecton Magnuson Thye need for this additional legislation, in S. 1718. An act for the relief of Elizabeth Ellender Malone Underwood Bozsik; Ferguson Martin Watkins order to hold the ground gained, and to S.1775. An act for the relief of Heinz Flanders Maybank Welker take care of certain situations which are Harald Patterson; and Frear McCarran Wiley becoming acute, and which were not spe- 8. 1994. An act to authorize the use of the Fulbrlght McC'elIan Williams George McFarland Young cifically or adequately dealt with in pre- incompleted submarine Ulua as a target for Gillette McKellar vious legislation. explosive tests, and for other purposes. Mr. JOHNSON of Texas. I announce that the Senator fromThe New Senate Mexico will, [Mr. I know, keep in mind ADDRESSES, EDITORIALS, ARTICLES, ETC., ANDERSON] is absentthat by this leave bill dealsof the with one of the three PRINTED IN THE APPENDIX Senate. major branches of the Government of On request, and by unanimous con- The Senator fromthe Virginia United [Mr.States. BYRD] It is incumbent upon is absent because ofthe illness Senate in his and family. the Congress of the sent, addresses, editorials, articles, etc., United States to see that that major were ordered to be printed in the Appen- The Senator from Minnesota [Mr. HUMPHREY], the Senatorbranch from of theOklahoma Government is allowed to dix, as follows: work effectively for the good of the peo- By Mr. LEHMAN: KERR], the Senator from Louisiana [Mr. ple. We must not let the Statement prepared by him paying trib- [Mr. LONG], the Senator from Maryland judiciary be- ute to Gen. Casimir Pulaski, and comment- [Mr. O'CoNOR], andcome the boggedSenator down from by reason of a short- ing on the designation of October 11 as Wyoming [Mr. O'MAHONEY]age of Federal are absent judges. It has always Pulaski Memorial Day. on official business. been my firm conviction that the Fed- By Mr. WILEY: eral judiciary, being so close to the peo- Statement prepared by him and letter ad- Mr. SALTONSTALL.ple allI overannounce our country, that carries the bur- dressed by him to Senator JOHNSTON of South the Senator from denIndiana of making [Mr. ourCAPE- democracy work, and Carolina relating to turning over loyalty in- HART], the Senator thatfrom itCalifornia is therefore [Mr. essential that the vestigations from the FBI to the Civil Service NIXON], and the SenatorFederal from judiciary Nebraska must give the public Commission. [Mr. WHERRY] are adequatenecessarily and absent. efficient service at all times. By Mr. MARTIN: The Senator from MissouriNothing [Mr.that KEMII can think of creates Broadcast by him to the people of Penn- is absent on official business. sylvania on October 8, 1951, being program more confidence in the people, as regards No. 51 in series entitled "Happenings in The Senator fromtheir Wisconsin Government, [Mr. Mc- than the knowledge Washington." CARTHY] is absent bythat leave they of themay Senate. appeal to the courts and By Mr. KNOWLAND: The Senator fromreceive New fair, Hampshire honest, prompt, and efficient Address on inflation delivered by Walter P. [Mr. TOBEYI is absenttreatment because ofof theirillness. grievances. At the Casey, before the Brawley (Calif.) Kiwanis same time, I know of nothing that can Club. APPOINTMENT OF ADDITIONAL CIRCUIT AND DISTRICTcreate more discontent than to have ac- By Mr. ROBERTSON (for Mr. BYRD) : JUDGES Editorial entitled "Jim Farley's Visit," pub- tion on these grievances delayed for too The Senate resumedlong, the or consideration too superficially dealt with. lished in the Syracuse Herald-Journal of Sep- of the bill (S. 1203) to provide for the tember With adequate judge-power, we get jus- 8, 1951, dealing with the adoption of appointment of additional circuit and Hon. James A. Farley into the Iroquois Na- tice not too long delayed nor too hastily tion. district judges, andadministered. for other purposes. Statement entitled "Wake Up, America," SMr. McCARRAN. BacklogsMr. President, and congestions this are not con- by Fred Brenckman, relating to the recent proposed legislation,ducive which to was a happyreported state of affairs; and decision of the California Appellate Court favorably from thewhere Committee these situationson the exist, they must declaring the Charter of the United Nations Judiciary by unanimous vote, is designed, has become the supreme law of the land. be taken care of. and is primarily intended,Extensive to help hearings relieve were held on the By Mr. DIRKSEN: the congestion of cases in the Federal Editorial entitled "Korean Goal Still Un- provisions of this legislation on April 17 courts. There are,and however, 19, May additional 1 and 7, and June 15 and 26, defined Despite Bitter Cost," published in provisions of the bill intended to take the Chicago Daily News of October 6, 1951. in an attempt to bring before the com- By Mr. MUNDT: care of other situationsmittee, regardingas far as itthe was possible, the con- Article by Fulton Lewis, Jr., in the column Federal judiciary. ditions that needed to be remedied in our entitled "Washington Report," discussing the I consider-and I Federalthink the judiciary. Senate will The result of those proposal to establish a new political party agree with me-thathearings, this legislation as well falls as the additional data in the United States. that came to the files of the committee, 12822 CONGRESSIONAL RECORD-SENATE OCTOBER 9 are reflected in S. 1203, the bill now be- Mr. McCARRAN. That has been be- Mr. McFARLAND. Mr. President, fore us. fore the committee in times past. Re- may I ask the Senator from Nevada a As an indication of what has happened cently the committee has not considered further question? I notice that an to the judiciary in the past 10 years, let the matter. amendment is pending to increase the me point out that since 1941 the increase Mr. McFARLAND. I take it, then, number of judges in the Circuit Court of in private civil cases has been over 47 that the committee did not deem it wise Appeals for the Fifth and Ninth Circuits. percent; and for all civil cases the in- to make such a recommendation. Did the committee give consideration to crease has been over 42 percent; while Mr. McCARRAN. Not in connection increasing the judgeships in those during the same period the number of with this bill. That is a matter which districts? district judges authorized has risen only has been studied in the past, and in all Mr. McCARRAN. We did vote to in- 12 percent. probability will come up in a bill by crease by one the circuit judgeships in The Committee on the Judiciary is itself. the fifth circuit. The committee con- convinced that the only possible solution Mr. McFARLAND. I have another sidered creating two additional judge- to the problem is to furnish the Federal question, if I may interrupt at this time. ships in the ninth circuit, but the matter judiciary with sufficient manpower to Mr. McCARRAN. Certainly. seemed to the committee one which staff the courts reasonably and ade- Mr. McFARLAND. There is one should receive further study. I1 the quately. In the past, all manner of problem that worries many of us, and amendment calling for the creation of makeshift plans for solution of this that is that the two distinguishc.l Ten- two additional judgeships for the ninth problem have been tried; but all have nessee Senators have contrary views re- circuit is offered, I shall express myself met the insurmountable obstacle of an garding the Tennessee judgeship. I when I have to cross that bridge. inadequate number of judges. We are think everyone would like to accommo- Mr. McFARLAND. I thank the dis- trying now to remove that obstacle. date both of them. What was the rec- tinguished chairman of the Judiciary Once the courts are adequately staffed ommendation, if any, of the Judicial Committee. I shall await his views with with judges, the backlog of cases can and Conference in regard to those judge- interest. will be disposed of, and the courts can ships? Mr. McCARRAN. Very well. then remain current in their work. Mr. McCARRAN. I intended to make Mr. KEFAUVER. Mr. President, will Mr. President, of course, this program that known when we reached it, but the the Senator from Nevada yield? will cost money; and it may be thought Senator's question now brings it squarely Mr. McCARRAN. Yes. by some that in the interest of economy up. Mr. KEFAUVER. The distinguished a new circuit judgeship and 18 new dis- Mr. McFARLAND. I ask the question chairman of the committee has referred trict judgeships should not be created. because the Senator said the bill con- to the Judicial Conference. Does the However, let us examine the record. As forms in most instances with the recom- Senator have readily at hand a state- my colleagues well know, and as I have mendations of the Judicial Conference. ment of the action the Judicial Confer- indicated before, we are dealing here Will the Senator from Nevada point out ence has taken with reference to the with one of the three major branches of the various instances? Does the bill pro- other provisions for judgeships in the the Government. The national budget vide for the creation of more judgeships bill? My understanding is that the bill for the entire Federal Government for than were :ecommended by the Judi- provides for the creation of some addi- the fiscal year of 1951 is over $75,000,- cial Conference, or what is the differ- tional judgeships which were not recom- 000,000. The portion of this budget ence between the provisions of the bill mended by the Judicial Conference-for which is appropriated for the judges of and the recommendations of the Judi- instance, one in Florida. the Federal judiciary is only $25,304,665. cial Conference? If that point is cov- Mr. McCARRAN. The Judicial Con- This means that out of the total budget, ered in the Senator's prepared remarks, ference recommended the creation of the judiciary appropriations total about I shall not insist on the question at this two additional circuit judgeships for the one-thirtieth of 1 percent. It seems to time. ninth circuit, and I think we largely me that for the tremendously important Mr. McCARRAN. No, it is not. followed the recommendations of the Ju- functions of this major and coordinate Mr. McKELLAR. Mr. President, I dicial Conference. branch of the Government, such a per- hope the Senator from Nevada will do Mr. KEFAUVER. Are not several centage is very small indeed. In other so at this time, because the matter is of additional judgeships provided for in the words, the administration of justice importance, and I think we should bill. I think the committee acted wisely comes pretty cheap, as things go. If, in know. in reviewing the statistics and in listen- the interest of economy, we were to abol- Mr. McCARRAN. Let me say that the ing to the testimony of Senators. Does ish all our Federal judges, from the Su- Judicial Conference in dealing with the not the bill provide for the creation of preme Court on down, the total savings conditions in Tennessee-and I now several additional judgeships which would be one-thirtieth of 1 percent of hold in my hand the recommendations were not recommended by the Judicial our national budget. On this basis, I of the Conference this year-confirmed Conference? cannot see where the question of econ- their recommendation of last year, which Mr. McCARRAN. Yes; there are omy should be deemed of any relative I also hold in my hand, as follows: some which the record warranted, we Importance in dealing with a matter of Middle district of Tennessee: The crea- believe; and we provided for their cre- such grave and major consequence with tion of one additional district judgeship, ation. relation to the fundamental rights of with the proviso that the first vacancy oc- Mr. KEFAUVER. I should like to ask the people. curring in this district shall not be filled. a further question of the distinguished Most of the provisions of the bill have I shall read that again; this is Senator from Nevada. been recommended by the Judicial Con- the recommendation of the Judicial Mr. McCARRAN. I yield. ference of the United States, and the Conference: Mr. KEFAUVER. As I understand, balance are the Judicial Conference did not consider the recommendations of the The creation of one additional district the question of a roving judge for middle committee judgeship, with the proviso that the first after a careful study of the Tennessee and west hearings and the data which came to the vacancy occurring in this district shall not Tennessee. committee files. be filled. Mr. McCARRAN. I shall be unable to answer the Senator's question with any Let me say a word right here about the In that instance, the Judicial Confer- degree of authority because I did not Judicial Conference. ence is dealing with the middle district have the privilege of attending the Ju- Mr. McFARLAND. Mr. President, of Tennessee. dicial Conference. I was invited to at- will the Senator from Nevada yield? Does that answer the Senator's ques- tend the Judicial Conference, as the Mr. McCARRAN. I yield. tion? chairmen of the Judiciary Committees Mr. McFARLAND. Has the Judiciary Mr. McKELLAR. Will the Senator go of the House and Senate are invited, but Committee given consideration to one step further, and say whether the I did not have an opportunity to attend changing the jurisdictional limit in the amendment I have proposed to the bill the conference either this year or the Federal courts, as has been recom- follows the recommendation of the Ju- year before. mended by at least some of the judges in dicial Conference? Mr. KEFAUVER. I thank the Sena- cases of diverse citizenship? Mr. McCARRAN. It does. tor. 1951 CONGRESSIONAL RECORD-SENATE 12823 Mr. McCARRAN. In answer to the Mr. SMITH of North Carolina. I was litigation in connection with the vast Senator's questions, I read from Mr. going to ask that it be disagreed to. development that is going on in those Chandler's communication, Mr. Chan- There will be no opposition to it, and we Western States. It seems to me that no dler being the secretary of the Judicial could get it out of the way. one could object to this proposal, because Conference: The PRESIDING OFFICER. The it is recommended by the Judicial Con- The pending bill provides for the creation Chair may say that the committee ference and by the bar association of of all the judgeships included in previous amendments are customarily taken up California and the bar associations of recommendations of the Judicial Confer- in order. the various States comprising the ninth ence which were renewed at the recent an- Mr. McCARRAN. Mr. President, I was circuit. nual meeting except two circuit judgeships going to ask unanimous consent that the I have a letter from the Chief Judge for the ninth circuit and three permanent bill might be read for the committee of the Circuit Court, Mr. William Den- District district judgeships for the Southern amendments. man, in which he points out the facts to of New York. The pending bill pro- ides for one permanent additional district juage- Mr. SMITH of North Carolina. Very which I have referred. He says: ship for the Middle and Western Districts of well. This area presents the greatest diversity Tennessee, whereas the conference hereto- Mr. McCARRAN. I ask that the bill of litigation of any of the circuits, arising fore recommended an additional district be read for committee amendments. from the diversity of its peoples' cultures, judgeship on a temporary basis for the The PRESIDING OFFICER. That is occupations, manufactures, agricultures, Middle District of Tennessee, and at the re- the regular order. The clerk will state fishing, and air, sea, and land transporta- cent meeting renewed that recommendation. the first committee amendment. tion-all reflected in new laws from 10 highly productive legislatures. The pending bill provides for one additional The first amendment was, on page 1, district judgeship for the Southern District He further says: of Florida and the Judicial Conference at its line 4, after the comma, to strike out to recent meeting this week recommended this and through line 3, on page 2, and insert: The average for the other circuit judges of provision. The pending bill also provides One additional circuit Judge for the fifth the United States is but 45 docketings, that for making permanent the existing tem- circuit. In order that the table contained in is, each ninth circuit judge has 54 percent porary judgeship for the Southern District of section 44 (a) of title 28 of the United States more than this average. The history of the Texas. The additional district judgeship for Code will reflect the change made by this productive power of the present 7 judges the Eastern District of Wisconsin which is section in the number of circuit judges for in this greatest diversity of legal problems now recommended by the Judicial Confer- the fifth circuit, such table is amended to shows they are unable to take care of more ence has not heretofore been requested and read as follows with respect to said circuit: than the average of docketings for each cir- is not provided for in the pending bill. Circuits Number of judges cuit judge. The arrearages of the circuit's litigants are That is a communication of date Sep- the greatest in the history of the court and tember 28, 1951, addressed to myself. Fifth--.------.------.... 7 are increasing daily. The details of the Mr. President, if I may continue now, above appear in the accompanying state- I shall conclude my explanation of the Mr. MURRAY. Mr. President, I de- ment. bill very shortly. The Judicial Confer- sire to call up for consideration the amendment which I have on the desk. I ask that the letter and the accom- ence of the United States is composed of panying statement be printed in the REC- the senior Federal circuit judges of all It is an amendment to the committee amendment, and is offered on behalf ORD in connection with my remarks. the circuits. The conference has a regu- The PRESIDING OFFICER. Is there lar meeting once a year, and makes an of the Senators from Washington [Mr. MAGNUSON and Mr. CAIN] and myself. objection? annual report, including recommenda- There being no objection, the letter The PRESIDING OFFICER. The tions in the whole field of legislation af- and accompanying statement were or- fecting the Federal judicial system. The clerk will state the amendment to the dered to be printed in the RECORD, as fol- provisions of this bill which represent amendment. lows: legislative implementation of recommen- The LEGISLATIVE CLERK. On page 2, UNITED STATES COURT OF APPEALS, dations by the Judicial Conference con- it is proposed to strike out lines 4 to 11, NINTH JUDICIAL CIRCUIT, stitute by far the major portion of the inclusive, and in lieu thereof to insert San Francisco, Calif., September 12, 1951. bill, as I have pointed out; and, in fact, the following: Re amending Senate bill 1203. The liti- the Judicial Conference has this year re- One additional circuit judge for the fifth gants' need for two additional circuit affirmed its 1950 recommendations, so circuit and two additional circuit judges judgeships for the ninth circuit. that it may be said that the Judicial for the ninth circuit. In order that the table Hon. JAMES E. MURRAY, Conference has twice recommended sub- contained in section 44 (a) of title 28 of United States Senate, Washington, D. C stantially what this bill provides. the United States Code will reflect the DEAR SENATOR: Since 1940 6,000,000 people Of course, this bill is not intended to changes made by this section in the num- have moved into the ninth judicial circuit ber of circuit judges for said circuits, such be a cure-all for every condition that consisting of the 7 Western States table is amended to read as follows with re- Alaska, , and the Pacific Islands. may need attention; but enactment of spect to said circuits: This area presents the greatest diversity this proposed legislation will help to get * * * * * of litigation of any of the circuits, arisinl our judicial systemon a firm and healthy Number of from the diversity of its peoples' cultures footing and keep it there. Circuits: judges occupations, manufactures, agricultures As I have stated before, the bill as re- Fifth------...... 7 fishing, and air, sea, and land transparta ported by the committee provides for S ** t * tion-all reflected in new laws from 10 highl 1 additional circuit judge and 18 district Ninth ------.. 9 productive legislatures. * * * * judges. All of these provisions are dealt The new litigation created by this 6.000,00 with in detail in the committee report. Mr. MURRAY. Mr. President, this added population had Its appeals begin t amendment provides two additional cir- reach our court shortly before July 1, 1951 The committee has carefully gone into mounte judges for the ninth circuit. It In the succeeding fiscal year they each and every one of the provisions of cuit to 409 and in the last 4 months are comic the bill, and has recommended that it be is necesary because of the great influx in at the rate of 489 per annum, that is 69 considered favorably. I trust that my of population into that area. Six mil- docketings apiece for each of the present colleagues will look with favor upon this lion people have moved into the area judges. proposed legislation, and I herewith rec- since 1940, and as a result of that huge The average for the other circuit judges ommend the bill to the Senate with the increase in population and the legisla- the United States is but 45 docketings, th hope that it may be passed speedily. tion which is being enacted in the vari- is, each ninth circuit judge has 54 percel Mr. SMITH of North Carolina. Mr. ous States comprising the ninth circuit, more than this average. The history of t] President, in the pending bill there is a the volume of business has grown tre- productive power of the present seven judg of legal problei committee amendment authorizing mendously. It has always been, of in this greatest diversity a shotvs they are unable to take care of me roving judge for North Carolina, for the course, a very busy circuit court, because than the average of docketings for each c eastern, middle, and western districts of the area comprises seven Western States, cuit judge. the State. all of which are mineral-producing The arrearages of the circuit's litigants I The PRESIDING OFFICER. Is it the States. They provide a huge amount the greatest in the history of the court a desire of the Senator that this amend- of litigation connected with the mining are increasing daily. The details of the abc ment be taken up at this time? industry. Furthermore, there is much appear in the accompanying statement. 12824 CONGRESSIONAL RECORD-SENATE OCTOBER 9

We urge you to aid these litigants and our gradually in the decade from 3,541 in 1941 Our docketing in the fiscal year 1951 was court by voting to restore to the Senate to 7,018 in 1950. The decade's increase is 409. In the last 4 months it has risen to the omnibus judges bill No. 1203, the provision 98 percent while that of the remainder of rate of 489 per annum or a case load of 69.9 for the two additional judgeships for this the Nation, excluding the ninth circuit and per judge, against an average in 1951 of all ninth circuit as recommended by the Judi- the District of Columbia, is 39.1 percent. the circuit judges of the country of but 45. cial Conference of the United States and by That is to say the ninth circuit rate of in- For each ninth circuit judge, this is 54 per- the California State Bar Association. crease in civil cases is two and one-half times cent more than the country's average. On Very faithfully yours, that of the comparable other nine circuits. these figures the ninth circuit should have WILLIAM DENMAN, Of far greater importance in determining at least the two judges recommended by the Chief Judge. the burden of appellate courts is the number conference. of cases actually reaching trial in the lower As of today, the ninth circuit's appellant THE LITIGANTS' NEED FOR ADDITIONAL JUDGE- courts, from which appeals arise. In the litigants are suffering under the greatest ar- ninth circuit the number is markedly in rearages of cases at issue and to be tried, SHIPS FOR THE NINTH JUDICIAL CIRCUIT- average of the rest of the since STATEMENT ON THEIR BEHALF AND THAT OF excess of the and cases submitted and not decided, country. In 1950 the total of civil cases we have had seven judges. Our court has NINTH CIRCUIT CONFERENCE BY CHIEF JUDGE trial in the United States, exclud- period of pendency of litigation WILLIAM DENMAN reaching the longest ing the ninth circuit, was 5,317. That is of any of the nine other comparable circuits. The ninth judicial circuit, with the great- 531-plus each for the average of the 10 est diversification of Federal litigation of all D. THE GREATESTDIVERSITY OF LEGALPROBLEMS other circuits. The ninth circuit lower IN THE NINTH CIRCUIT the circuits, which has received the largest courts had 1,222 such trials; that is over 100 10-year increase in population in the recent percent more than the average of the other Apart from the burden shown by the sta- the cir- history, requires two more judges on its circuits. On the same comparison the crim- tistics is a more cogent reason why court of appeals. inal docketing reaching trial in the ninth cuit's litigants should have these added cir- The ninth circuit judges have A. THE STATISTICSOF THE GENERALINCREASE IN circuit's lower courts is greater than the cuit judges. diversity of character of legal ques- THE NINTH CIRCUIT'S LITIGATION average of the rest of the country by 46.7 greatest tions. Ten of the Nation's most vigorous Your ninth circuit has had the most ex- percent. There is a wide divergence of view as to State and Territorial legislatures are pouring traordinary population increase and volun- laws the wisdom of the extent of the Nation's out their reforming and regimentary tary population movement in the recent his- are confronted, and the States' and Territories' regimenta- with which its circuit judges tory of the world, and I am saying "in the nine tion of the lives of their citizens. But so while the average for the remaining world" with intent. Nothing equals it in and one-half far as concerns the circuit's litigants, they, comparable circuits is but four volume except the involuntary Russian de- ninth cir- in the language of Grover Cleveland, are legislatures. In this respect the portation of the Kulaks from their farms confronted by "a condition and not a theory." cuit has double the load to carry. into rrison labor in Siberia. When the character of the legislation is Five million two hundred and eighty-one B. NEW JUDGESHIPS RECENTLY CREATED CAUSE examined, its burden is much greater. thousand people have come by migration or INCREASE IN APPEALS These laws flow from the people in Alaska, birth into the ninth circuit in the last 10 So far as concerns the district courts in in the frigid zone, down the Pacific coast years, increasing the population from the ninth circuit's States and Territories, and Mountain States from to Mexico 11,922,953 in 1940 to 17,204,295 in 1950. This Congress has responded fully to our need, and out to Hawaii and to Guam, both in the is against a population increase for the re- save in the third division of Alaska and in Tropics with an infusion of Asiatic and South mainder of the country of 14,667,573. Ex- Arizona. In the 3 years preceding the last Pacific people. The difference in climate, cluding the ninth circuit, the decade's in- decade, it gave the circuit two new judge- terrain, and races creates the greatest di- crease for the country is 10.9 percent. For ships, in the last decade seven more, and in versity of political and social relationships. the ninth circuit it is 44.3 percent. this year another one for Guam. However, Its vast and varied areas from its mineralized Incidentally this mere decade's increase five of these judgeships were created in and forested mountains through its rich exceeds by 1,350,000 people the total popula- August 1949, and one in 1950, and none of valleys to the Pacific and out in its islands tion for the United States when Washington the positions filled until 1950 and 1951, hence have their equally varied agriculture, includ- became President. The mere increase is the impact of the appeals from their deci- ing pineapple and sugarcane, citrus and de- 21/3 times the total of the people in the ninth sions is not reaching us until the 1951 fiscal ciduous fruit orchards, cattle raising, lumber circuit in 1E91 when its court of appeals was year. mills, mines and oil fields, irrigation under created. C. THE NEED OF THE LITIGANTS OF THE COURT the inherited Spanish law, water-power The rate is 528,000 a year and it is safe to OF APPEALSOF THE NINTH CIRCUIT FOR TWO plants supplying all kinds of manufacturing say that by the time the bill here considered MORE CIRCUIT JUDGES, BECAUSE OF THE enterprises, land transportation and world is disposed of by the Congress, the ninth BURDEN OF ITS GREATESTVARIETY OF CASES maritime commerce, each producing its kind circuit will have had added to It 6,000,000 AND ITS INCREASEDAND CERTAINLYINCREASING of litigation. people since 1941. CASELOAD While all the above may sound like the It is true that in certain areas of the United literary outpourings of a chamber of com- The Judicial Conference of the United produces less liti- merce secretary, for the ninth circuit liti- States their population States and the California State Bar Associa- than gants and its courts it is the exact truth. gation and in others more litigation tion have recommended to Congress the cre- Its burden in variety of law and volume of the average of the whole country. Hence ation of these two circuit judgeships. The increase to cases is more than the litigants' present comparison of mere population decade's increase of 44 percent of its popula- How- circuit judges are able to master and the litigation must be used with caution. tion and 98 percent in docketings in the recommendations of the Judicial Conference ever, the ninth circuit increase comes from lower courts, such docketing producing 100 and the California State Bar Association for every walk of life and every income bracket percent more trials than the country's aver- two additional judges are amply warranted. and from every State in the Union. It was age, has been described above. It is from reasonable to expect that soon after settle- this source that the court of appeals receives Mr. McCARRAN. Mr. President, with ment they would produce something corre- the burden. sponding in an increase in litigation. reference to the amendment offered by When we consider the number of circuit I may say On this basis of comparison, the figures judges to all the trial judges, including those the Senator from Montana, given by the statistical section of the Ad- of the Territories and dependencies, produc- the State of Montana is embraced in the ministrative Office show the following: The ing the litigation from which appeals arise, ninth circuit. There is no question that 5,282,000 increase would produce annually the comparison of the ninth circuit to the there has been a terrific influx of popu- in the trial courts 1,857 civil cases and 1,237 rest of the country is more striking. Omit- lation into the Pacific Coast States. criminal cases, requiring on the average of ting the ninth circuit, as of 1950 the rest of There is no question that the workload all the other districts and circuits, 7.5 addi- the country had 58 circuit judges taking in the ninth circuit is exceedingly heavy. tional district judges and 2.2 additional cir- appeals from 187 trial judges; that is 1 cuit judges. circuit judge for 3.22 trial judges. For the Of the seven judges now on the bench The fact is that the ninth circuit's docket- ninth circuit the 7 judges take appeals from in the ninth circuit, four are from one ings have had a vastly greater decade's in- 37 trial judges or 1 appellate judge for State, three of them from other States. crease than that shown by this anticipatory 5.28 trial judges. That is to say, the ninth The States of Washington, Oregon, calculation. This is due in part to the circuit's circuit judges take appeals from over Idaho, Montana, Arizona, and Nevada, decade's great increase in Federal legisla- 60 percent more trial judges than the rest of tion of a regimentary character. The rest the country. together with the Territories of Alaska is largely due to outpouring of similar leg- We have had seven circuit judges since and Hawaii, are comprised in the ninth islation from ten legislatures, seven of the June 1937. Since that time the number of circuit. States of Washington, Idaho, Montana, district judges of the 9 States and Terri- Speaking for myself only in this mat- Oregon, Nevada, Arizona, and California, two tories has risen from 27 to 37, an increase of ter, the reason the chairman did not fa- of the Territories of Alaska and Hawaii, and 37 percent. As seen, six of these were not one of our possessions, Guam. appointed until the fiscal year 1950 and the vor two additional judges for the ninth From all these causes the actual civil impact of the appeals from their decisions is circuit was that he could not secure any docketing in the circuit's trial courts rose just beginning to reach us. understanding at all that the other 1951 CONGRESSIONAL RECORD-SENATE 12825 States of the ninth circuit would be rec- the appointive power when it comes to The next amendment was, in line 22, ognized for membership on that bench. considering appointments to the Ninth page 2, to strike out "three additional I have nothing whatever against the Circuit Court of Appeals. district judges for the southern dis- State of California. I am very happy to Mr. KNOWLAND. Mr. President, will trict of New York." be in a neighboring State of the great the Senator from Nevada yield? The amendment was agreed to. State of California. I admire the bench Mr. McCARRAN. I yield. The next amendment was on page 2, and bar of California, which are among Mr. KNOWLAND. I merely wish to line 23, to insert "one district judge for the best in the Nation. But I think the say that my junior colleague from Cali- the eastern, middle, and western dis- other States which comprise that great fornia and myself are supporting the tricts of North Carolina." region should be represented by member- amendment offered by the Senator from Mr. SMITH of North Carolina. Mr. ship on the Ninth Circuit Court. For Montana because we believe that the tre- President, at the time the committee that reason, I thought it best that we mendous growth which has taken place placed that amendment in the bill, the bring up the matter by a bill separate in the ninth circuit justifies additional senior Senator from North Carolina and unto itself. judges in that circuit, and I hope the I thought it was probably the proper I shall not oppose the amendment. amendment will be accepted by the able way to take care of the situation in North I hope that the spirit in which the chairman of the Judiciary Committee. Carolina. There are three district amendment may be adopted, if it be Mr. McCARRAN. I am entirely con- judges in our State. The committee adopted, will be recognized by the ap- tent, so far as I have the authority to amendment provides for a roving judge pointive power, those who select judges do so, to accept the amendment offered for the three districts. for the Ninth Circuit Court of Appeals. by the Senator from Montana. Upon further reflection and after Mr. MURRAY. Mr. President, will Mr. CAIN. Mr. President, will the making some further studies, although the Senator from Nevada yield? Senator from Nevada yield? such studies are not complete, wa have I yield. Mr. McCARRAN. I yield to the Sen- found that since 1940 the number of Mr. McCARRAN. pending Mr. MURRAY. Mr. President, I agree ator from Washington. civil cases in the eastern dis- Mr. CAIN. As one of the cosponsors of trict has risen from 119 to 267, or more with the views of the distinguished Sen- the amendment, I believe the case in than ator in charge of the bill. I think it is 100 percent. support of adding two judges to the In the middle district for the same recognized by everyone that the Western ninth circuit is clear and positive. I States are constantly increasing in popu- period the figure has risen from 65 to wish, however, to be strongly associated 101, or more than 50 percent. In addi- lation. My own State of Montana dur- with the observations just made by the tion, there ing the past 2 years has increased in has been no progress in re- distinguished chairman of the Judiciary ducing the backlog of cases in any dis- population as the result of the industrial Committee, the Senator from Nevada trict, and in development occurring there, including the eastern and middle [Mr. MCCARRANI. districts there has been a considerable the development of public power and It appears to be the case that a ma- increase in various industries that are being estab- the backlog of cases pend- jority of the ninth circuit judges have ing, to the extent of approximately 100 lished there. The same is true of the percent other States and Territories that are in- been appointed from one state, and that since 1940. nearly all of the present judges come On the criminal side, the cases per cluded in that area. It seems to me that from one political party. It judge the States other than California which is bad for the eastern district amount to for the health of the judiciary and for 730 as against the national average of are not represented in the Ninth Circuit 169 in 1950. Court of Appeals should have some con- justice when any circuit becomes lop- For the same year the crim- sided as to geography and politics. inal cases per judge in the middle dis- sideration in connection with the filling These considerations should be before trict were 454 of these judicial positions. as against the national the President when he appoints the two average of 169, and in the western dis- Montana has always been a great min- new judges to the Ninth Circuit Court of trict for the same ing State. A tremendous volume of very year the figure is Appeals. 392 as against 169 for the national important mining litigation has arisen The PRESIDING OFFICER (Mr. average. in the State, some of which has gone to FREAR in the chair). The question is on Therefore, Mr. President, it is appar- the Supreme Court, and resulted in lead- agreeing to the amendment offered by ent that an additional ing cases in mining law. The same is judge is needed the Senator from Montana [Mr. in North Carolina; but on further reflec- true of other Western States with regard MURRAY]. tion we have reached to reclamation and industrial problems the conclusion, Mr. MURRAY. Mr. President, I that is to say, the senior Senator from of various kinds. So it seems to me that should like to have the RECORD show that North Carolina [Mr. HOEY3 there should be on the bench men coming and I, that the Senator from Washington [Mr. this is not the proper way to accomplish from some of the other States in that MAGNUSON] is also associated with the the objective, and, therefore, district who are versed in mining law, in we feel that other Senator from Washington [Mr. it would be better to delete the amend- reclamation law, resources development, CAIN] in proposing the amendment. ment from the pending and in other subjects which are of great bill in order that The PRESIDING OFFICER. The we may have an opportunity to make a Importance to western growth and de- question is on agreeing to the amend- further investigation velopment. and study to the ment offered by the Senator from Mon- end that we may recommend the passage Mr. McCARRAN; Mr. President, I tana for himself and other Senators to of a, bill which will more nearly fill the wish to say in further. connection with the committee amendment. needs of our State. That the amendment that the chairman of the means that The amendment to the amendment we shall have to canvass and study the Judiciary Committee is not interested was agreed to. various counties in the various districts, from the standpoint of his own personal The PRESIDING OFFICER. With- since a tremendous increase in business interest, because the State of Nevada, out objection, the committee amend- of more than 100 percent has occurred in which I represent, has a judge on the ment, as amended, is agreed to. one district and more than 50 percent in Ninth Circuit Court of Appeals. But the . The clerk will state the next commit- another. other States, the States of Washington, tee amendment. Therefore, Mr. President, I request Oregon, Idaho, Montana, and Arizona, The LEGISLATIVE CLERK. Beginning in that the committee amendment and the Territories of be dis- Alaska and Ha- line 15, on page 2 it is proposed to strike agreed to, the effect of which will be to waii, should certainly be recognized by out "one additional district judge for eliminate North Carolina for the present the appointment of a judge on that the District of Connecticut." with respect to an additional judge. bench. The amendment was agreed to. Mr. McCARRAN. Mr. President, so The amendment offered by the Sen- The next amendment was, on page 2, far as the chairman of the Judiciary ator from Montana is recommended by line 17, to strike out "two" and insert Committee has authority to do so, I ac- the Judicial Conference. It was not put "one." cept the suggestion of the Senator from into the bill by the committee for the The amendment was agreed to. North Carolina. reasons which I have stated. I hope the The next amendment was, on line 18, The PRESIDING OFFICER. The spirit in which it may be now inserted in page 2, to strike out "judges" and insert question is on agreeing to the committee the bill on the floor of the Senate will "judge." amendment on pare 2, line 23, inserting be recognized, and will be considered by The amendment was agreed to. the words "one district judge for the 12826 CONGRESSIONAL RECORD-SENATE OCTOBER 9 eastern, middle, and western districts of nessee Introduced bills to create an ad- I asked the junior Senator from Ten- North Carolina," and to strike out lines ditional judgeship for Tennessee. Not a nessee if he had heard from anyone in 13 to 15, on page 5, of the bill. word was said about west Tennessee in west Tennessee asking that a roving The amendment was rejected. either bill. If I remember correctly, the judge be appointed. The record is open Mr. SMITH of North Carolina. I also bills were substantially the same. A very to anyone. It was rather a roving an- ask that the committee amendment on large amount of evidence was taken on swer. Indeed, I thought the answer was page 5, lines 13 to 15, be disagreed to. those bills. The lawyers of middle Ten- very roving. He said that in his opinion The PRESIDING OFFICER. Without nessee are overwhelmingly for the bills a roving judge should be created because objection, the amendment referred to by as introduced by both Senators. Both of the increase in population. I do not the Senator from North Carolina is re- Senators were present when the hearings recall that theory ever having been ad- jected. were had. There was not then raised any vanced before. As I told him at the time, Mr. McCARRAN. Mr. President, I ask question of the kind which has since been it seemed to me like a case of politics. unanimous consent to revert to line 19 raised. Someone wanted a judge appointed from on page 2 of the bill. The reason for As is usual in such cases the sugges- west Tennessee, but a judge could not that is that I am advised by the junior tion regarding this additional judgeship be appointed from west Tennessee un- Senator from Georgia [Mr. RUSSELL] was first presented to what is called the less he were a roving judge. that he desires the deletion on lines 19 Judicial Conference of the United States, This is the testimony on one side-the and 20 of the words "one additional dis- and after a full and careful examina- testimony of one single witness. It is trict judge for the northern district of tion, the Judicial Conference recom- true that since the last hearing the Georgia." That being true, I would move mended that an additional judgeship in junior Senator from Tennessee has been to delete that language. Middle Tennessee should be provided for. quite active in obtaining views from The PRESIDING OFFICER. The Neither bill was passed at that time. certain lawyers in west Tennessee. Senator from Nevada moves to delete The next year the senior Senator from They were asked if they did not want language on lines 19 and 20 of page 2 of Tennessee introduced a bill, and the a roving judge. Indeed, things became the bill. junior Senator from Tennessee an- so active that while the Memphis Bar Mr. McCARRAN. It would also mean nounced that he thought he would in- Association had well nigh unanimously the deletion of the language in lines 19 troduce a bill for the same purpose expressed its opinion in favor of a and 20 on page 4. again, but upon examination it was judgeship for middle Tennessee, making The PRESIDING OFFICER. That found that he had not introduced such the statement that a judge for west language in the table would be deleted a bill. He testified in the case. He said Tennessee was not necessary or desir- if the Senator's motion is agreed to. it made little difference with him able at that time because the judge was The question is on the motion of the whether there was a roving judge for up with his docket and no cases were Senator from Nevada [Mr. MCCARRANI west Tennessee or whether, if any one behind, that evidence did not seem to to delete certain language in lines 10 and of the three judges got behind with his weigh with the distinguished gentleman 20 on page 2. work, a judge would be assigned to the from Tennessee who is the junior Sen- The motion was agreed to. district where he was needed, as had been ator from our State. The PRESIDING OFFICER. With- done before, as all of'us who are lawyers, Let me explain what I mean by out objection, the corresponding change know. "middle Tennessee," "west Tennessee," will be made in the table on page 4, that Up to that time, Mr. President, the and "east Tennessee." I am using those is the language in lines 19 and 20 on page record shows that not a single solitary terms as though Senators knew how our 4 in the table will be deleted. word of any kind had been spoken or State is divided. There is a sort of The next committee amendment will mentioned about a roving judge. I do natural subdivision of the State. That be stated. not remember the exact dates, but prob- part of the State east of the Great Smoky The LEGISLATIVE CLERK. On page 3, ably a year or 2 years had elapsed be- Mountains, which are a part of the Alle- line 1, after "Ohio", it is proposed to in- fore anything was said about a roving ghenies, is called east Tennessee. Be- sert the words "one additional district judge. I believe it was mentioned at tween the mountains on the east and judge for the eastern district of Penn- the last hearing. Remember, all the the Tennessee River on the west is the sylvania." lawyers from middle Tennessee had been area called middle Tennessee. By the The amendment was agreed to. present at the hearings. The subject way, contrary to what one might expect, The next committee amendment was, had gotten the greatest notoriety, but that river flows north through Ten- on page 3, line 3, to strike out the words nothing was said about a roving judge nessee. It dips down into Alabama and "one additional district judge for the until, I believe it was, the last hearing, Mississippi, and then comes back and middle district of" and insert the words or the last hearing but one, when my forms the boundary line between west "one district judge for the middle and colleague, the junior Senator from Ten- Tennessee and middle Tennessee. That western districts of." nessee stated that he wanted a roving part of our State between the mountains The PRESIDING OFFICER. Without judge for west Tennessee. He was asked and the Tennessee River is called middle objection- his reason, and his reply was that west Tennessee. That part of the State be- Mr. McKELLAR rose. Tennessee had increased in population. tween the Tennessee River and the Mr. McCARRAN. This is Tennessee That is true. Tennessee had not gained Mississippi River, which flows in nearly now. a new Representative in Congress, I am exactly the opposite direction, forms The PRESIDING OFFICER. The sorry to say, but its population had in- west Tennessee. Those distinctions senior Senator from Tennessee is recog- creased. have been observed from the beginning nized. Now mind you, Mr. President, not a of our Tennessee history. Mr. McKELLAR. Mr. President, the single word had been said about a rov- Let us see for a moment about west senior Senator from Tennessee is ready ing judge up to that time. The junior Tennessee. I told the junior Senator to vote on the amendment. Senator from Tennessee testified he from Tennessee, when he first brought The PRESIDING OIFICER. The thought it would be perhaps a little bet- the matter up, that I had never heard senior Senator from Tennessee is recog- ter to have a roving judge, though he of a single solitary person in west nized. did not think it would make much dif- Tennessee who wanted an additional Mr. McKELLAR. Mr. President, this ference. That is his testimony. I judge. If there were a chance to get is a rather remarkable case in many of wanted to know why a roving judge was another judge there, the people in that its aspects. Three years ago our district wanted. A roving judge can be ap- district might be expected to want one. judge at Nashville was stricken with pointed from any part of the State or But not a single soul had ever written heart trouble and was sick for some time, any part of the district 'in which judge- me on the subject. I challenged the and fell behind with his work, only be- ships are created. But a roving judge junior Senator from Tennessee to say cause of his illness. He was a splendid cannot be appointed for west Tennes- whether he had ever received a single judge. He is a splendid man. There- see from middle Tennessee, unless the request from west Tennessee for the fore it was found necessary to intro- words "roving judge" are use., or words appointment of a roving judge. I would duce a bill. Both Senators from Ten- to that effect. not say that he beat around the bush. 1951 CONGRESSIONAL RECORD-SENATE 12827 The record is there. It speaks for itself. judgeship to include the western district of not find half as much politics in that as with considerable Tennessee, I desire to express the emphatic I find in his desire to take in west Ten- However, he answered opinion that there is not. hesitation. He stated that he had re- With your strong endorsement- nessee under the peculiar circumstances ceived a letter, or letters, which he of this case. The only way it can be ex- could read into the record. I said, "Read Of course, he is wrong about that, be- plained, Mr. President, is that someone them into the record." I am a great be- cause my endorsement is not strong- in west Tennessee wants the judgeship liever in reading things into the record. I had the honor to be appointed and to and the junior Senator from Tennessee I asked that the letter or letters be read serve as United States district judge for wants to indorse him for it. into the record, and at my request the west Tennessee from May 8, 1935, to Sep- It is true he said he did not expect junior Senator from Tennessee very tember 16, 1940. to have a person he recommended ap- kindly read a letter. This is a man who is not judging pointed. He may have gone further What, Mr. President, do you suppose things by population. This man was than that; he may have said that he that letter was about? It was not about born and reared there. I remember would not expect to have a person he a roving judge at all. The letter was a when John D. Martin was not as tall as recommended appointed if I would make petition. While it was in the form of a some of the fine-looking page boys I see an agreement about it. However, I do letter it was really a petition from a very before me. not make agreements about such things. excellent young lawyer-I am not sure I repeat a little from the letter: I think the suggestion should be turned because time down. that he is a young lawyer, I had the honor to be appointed and to passes so rapidly as we become older; serve as United States district judge for I continue to read from Judge Martin's but he is a lawyer at Dyersburg, Tenn., west Tennessee from May 8, 1935, to Septem- letter: which is in the western part of the State. ber 16, 1940, when, again with your endorse- Because of the long continued illness of The letter was not in the form of a re- ment. I was appointed to the United States Judge Davies, a situation developed in mid- quest for a roving judge at all. It asked Court of Appeals for the Sixth Circuit, on dle Tennessee which required attention, as the junior Senator from Tennessee to which court I have continuously served to the cases were piling up. Dale Hollow and use his mighty influence to have a ju- this date. Center Hill projects near Cookeville brought dicial district created in west Tennessee, Someone may say-and I am sure my many land condemnation suits which the Jackson. That Government and the landowners were unable like the one we have at friend the junior Senator from Tennes- to settle. was the subject of the letter. There was see, will say-that politics is involved; not a word in it about a roving judge. that I appointed this man. Well, I had By the way, Mr. President, both those This lawyer merely wanted a judgeship. recommended Judge Boyd, too. Of places are in middle Tennessee. The letter mentioned the judge whom course I recommended Judge Martin. I read further from Judge Martin's the writer wanted to hold court. It was But the law gave me that right, and I letter: Judge Boyd, a distinguished and able am not ashamed of recommending him. So, by designation of Judge Hicks, last judge in west Tennessee. There was not I exercised my right. summer I went to Cookeville and held six one word about a roving judge. The letter continues: extended daily sessions each week for 5 Since that time I understand that the When I went on the district bench in weeks and tried 57 condemnation cases to junior Senator has received two or three juries and one case in which the jury was 1935 I found a heavily congested docket, waived. other letters-perhaps half a dozen. I including mord than 400 war risk insurance have not counted them, but there are not cases. By holding daily sessions, including I am reading from the letter of Judge many. The other day he stated that he Saturdays, and 70 night sessions, I was able Martin, Mr. President. He is a circuit to bring this calendar to currency within had not applied to anyone for letters of judge for the Sixth Circuit. However, that kind. It developed that not only 14 months, during which time I had also served by designation for 3 weeks at Louis- the fact that he is a circuit judge does had the Bar Association at Memphis, ville, Ky. I was able to keep the docket cur- not mean that he is above trying law Tenn., been applied to, but that after it rent during the full period of my incum- suits. He does try law suits. The jun- had expressed itself against a roving bency end to serve additionally for several ior Senator from Tennessee talked a judge, it again considered the question months in other dist icts, including 9 weeks great deal during the recent fracas in at the request of the junior Senator from on the TVA trial at Chattanooga; several Tennessee. as well as in other parts of sessions with Judges Gore and Taylor on Tennessee. The second time it turned the United States, in regard to crime. down the application. land condemnation at Knoxville; another period at Louisville; several weeks at Colum- If he had brought any of his law suits Let us see what the proof is on the bus, Ohio; and a month or so In the south- before Judge Martin or any of these other side. The Judicial Conference, ern district of Mississirpl. When I went off other judges, the suits would have been whose duty it is to pass upon just such the district bench there was no more current tried long before this. As a matter of a matter, came to the conclusion that a district in the 84 districts of the United fact, I do not know whether they have temporary judge was needed. States. We were trying cases in all depart- been tried by now. I have not seen any Mr. President, the amendment which ments of our jurisdiction within 30 to 90 word in the newspapers to the effect I have offered reads: "One additional days of the filing of the action or the in- dictment. that they have been tried, although I district judge (the first vacancy in which hope they have been, for any man who office shall not be filled) for the middle My successor- violates a law should be tried. district of" Tennessee. It is a very simple Here comes the real meat of this case- Judge Martin in his letter states that amendment. It is what the people of My successor, Judge Marion F. Boyd, by he tried 57 condemnation cases. We middle Tennessee want and what the zealous, diligent and continuous service, lawyers know what that means. That judicial conference wants. has kept the docket in a completely current is not child's play; it is work. All law- There are three Federal judges, one for condition, as the official statistics of the ad- yers know that. That is a place for work each district in Tennessee, and two cir- ministrative office will show. and for a working lawyer. cuit judges, Judge Hicks and Judge I stop in the reading long enough to Judge Martin goes on to say in his Martin. Martin letter: Inasmuch as Judge Martin was ap- say that not only does Judge pointed district judge and held that of- make that statement, but Judge Hicks Judge Chandler of Oklahoma gave about makes the same statement. Inciden- a month's time at Nashville and cleaned up fice for some years before he was ap- the criminal calendar in the summer of 1953. pointed circuit judge, I shall ask the tally, I am sometimes charged with being Indulgence of the Senate to read just a partisan. I am a Democrat, and I am He did that because of the trouble v.hat the situation is in Tennessee. The proud of it. However, I recommended with the docket in middle Tennessee. letter is addressed to me. I inquired of Judge Xen Hicks, who is a good Repub- However, there is not a word about west him. I was not ashamed to ask about lican, for the office he holds, and he has Tennessee. Why? Because west Ten- the district judgeship situation when it made an excellent judge. If there was nessee was not behind a single case, but came up in my State. Of course, I asked any politics about that appointment, I was up with the docket. I happen to about it. Judge Martin writes: never knew it. There may be politics as remember something about the matter, In reply to your inquiry as to whether in the junior Senator from Tennessee views not only from personal presence, but also my opinion there is necessity for a roving it; he may find politics in it; but he can- because one of the first cases I ever tried 12828 CONGRESSIONAL RECORD-SENATE OCTOBER 9 in the circuit court of appeals was be- The bar of Memphis officially have Judge Leslie Darr of the eastern district of fore Circuit Judge William Howard Taft, said there is no need for it. Tennessee also, from time to time, gave My heavens, Mr. President! If there additional aid to the middle district. But, at Memphis, when he came there to clear inasmuch as Judge Davies continued to be up the docket at Memphis. were a chance for an appointment of partially disabled and could not hold long By the way, Mr. President, if the Sen- this sort to go to one of the many fine session hours, the Judicial Council for the ate will pardon me for a minute, let me lawyers in Memphis-and some of the Sixth Circuit recommended the creation of say that I thought Judge Taft was a fine best lawyers in the world live there; I an additional judgeship for the middle dis- judge, too. He decided that case in my know, because I have had experience trict of Tennessee. Subsequently, the Judi- favor. Indeed, he had two cases, and with them; I have fought with them, cial Council of the United States, composed of the Chief Justice and the Chief Judges he decided both of them in my favor. and I know what kind of men they are- one of them would be delighted to wind of all the circuits, made the recommendation I conceded beyond question that he was to Congress of an additional judge for mid- a most able judge. He was also one of up his career by being appointed to a dle Tennessee to be included in the so-called the most delightful characters God ever judgeship of this sort. judicial omnibus bill now pending in the made. Mr. President, I have only a little more Senate. The 'Iclusion o" the western district I read further from Judge Martin's to say about this matter. of Tennessee was not recommended. letter. At this point I ask unanimous consent As a former judge of the western district tha; the entire letter from Judge Mar- of Tennessee and now as a member of the Subsequently, the Judicial Council of the tin, to which I have referred, be printed Sixth Circuit Judicial Council and, as such, United States, composed of the chief justice a supervisor of the work of the district in the RECORD. and the chief judges of all the circuits, made courts, I can unhesitatingly state that there the recommendation to Congress of an ad- There being no objection, the letter is no need for an additional district judge ditional judge for middle Tennessee to be was ordered. to be printed in the RECORD, for this district. The incumbent, Hon. included In the so-called judicial omnibus as follows: Marion S. Boyd, has asked for no help ex- bill-- UNITED STATES COURT OF APPEALS, cept in a case now and then in which he Which is the bill that is before us FOR THE sI'.TH CI.CUIT, disqualified himself for good reason. More- over, he has served in other districts most now- MICHIGAN-OHIo-KENTUCKY-TENNESSEE, August 22, 1951. graciously when designated to do so by the now pending in the Senate. The inclusion. Hon. KENNETH MCKELLAR, Chief Judge of the circuit. of the western district of Tennessee was not United States Senator, In my humble judgment, the creation of recommended. Washington, D. C. district judgeships with overlapping juris- DEAR SENATOR MCKELLAR: In reply to your diction is not wise public policy, except when Mr. President, it has never been rec- inquiry as to whether in my opinion there both districts served are in real need of a ommended officially by any human soul, is necessity for a roving judgeship to include regular extra judge, which is not the case in except one, and that is the junior Sena- the western district of Tennessee, I desire the western district of Tennessee. In a tor from Tennessee. Incidentally, the to express the emphatic opinon that there single-judge district, the established policy proof in that connection is not in the is not. of the judge with respect to extent of pun- record. Since the record was closed, With your strong endorsement, I had the ishment of the guilty and the exercise of that proof has been taken in an effort to honor to be appointed and to serve as United probation in the broad judicial discretion States District Judge for West Tennessee vested in the judge produces a uniformity bolster up this peculiar kind of trans- from May 8, 1935 to September 16, 1940, which does not exist where another judge action. Surely, Mr. President, we have when again with your endorsement I was has like jurisdiction in the district. Of not come to the time when judges are appointed to the United States Court of course, in the large cities, of necessity there selected in such a way. Appeals for the Sixth Circuit, on which is plurality of district judges and, in conse- Here and now I want to call on my court I have continuously served to this date. quence, a lack of uniformity in the imposi- colleague to withdraw his objection to When I went on the district bench in 1935, tion of criminal punishment. This is un- I found a heavily congested docket, includ- this amendment. He is the only person fortunate, but unavoidable in big cities un- ing more than 400 war-risk insurance cases. der the present system of jurisdiction; but in Tennessee who favors the particular By holding daily sessions, including Satur- there is no necessity to bring about a lack form of the bill that he recommends, days, and 70 night sessions, I was able to of uniformity where an additional district unless he has induced someone else to bring this calendar to currency within 14 judge is not needed. endorse it. The judges do not want it. months, during which time I had also served Furthermore, the matter of allowance of The bar associations do not want it, by designation for 3 weeks at Louisville, Ky. fees in bankruptcy and receiverships has I was able to keep the docket current dur- brought disparity among individual judges; although I believe the junior Senator ing the full period of my incumbency and from Tennessee did get the bar associa- and, as a practical matter in the adminis- to serve additionally for several months in tration of justice, the creation of a roving tion in Haywood County or some other other district, including 9 weeks on the TVA judgeship where not needed would tend to county to endorse his proposal. I know trial at Chattanooga; several sessions with lead to clashes between the two judges as to all the counties of Tennessee by name; I Judges Gore and Taylor on land condem- which will try certain types of cases; appli- learned them from beginning to end 35 nations at Knoxville; another period at cations for injunctions would be presented years ago, and I can repeat them to this Louisville; several weeks at Columbus, Ohio; to the particular judge whom the applicant's and a month in the southern district of attorney chooses to select; and unpleasant- day. I think it was the bar association Mississippi. When I vacated the district in Haywood County that endorsed the ness may come about in the appointment bench, there was no more current district of court officials. proposal of the junior Senator from in the 84th district of the United States. We None of the ideas expressed herein is were trying cases in all departments of our Tennessee. If he has the endorsement theoretical; all are based on practical ob- of some other bar association, he prob- jurisdiction within 30 to 90 days of the filing servation. I should not have felt free to of the action or the indictment. ably has gotten it since that time. I volunteer my personal views, but am respond- My successor, Judge Marion S. Boyd, by ing freely and frankly to your request. think the Bar Association of Haywood zealous, diligent, and continuous service, With warmest personal regards, as always, County wants a roving judge appointed, has kept the docket in a completely current Sincerely your friend, so they said. condition, as the official statistics of the JOHN D. MARTIN. I read further from Judge Martin's administrative office will show. letter: Because of the long continued illness of Mr. McKELLAR. Judge Martin un- Judge Davies, a situation developed in As a former judge of the western district hesitatingly is opposed to a roving judge- middle Tennessee which required attention, of Tennessee and now as a member of the ship. The two other judges in Tennes- as the cases were piling up. Dale Hollow Sixth Circuit Judicial Council and, as such, and Center Hill projects near Cookeville see-one a district judge, and one a cir- a supervisor of the work of the district brought many land condemnation suits cuit judge-have also written to me say- I can unhesitatingly state that there courts, which the Government and the land owners ing unhesitatingly that they are against is no need for an additional district judge unable to settle. So, by designation for this district. were it. The only person who is really and of Chief Judge Hicks, last summer I went truly in favor of it is Senator ESTES KE- Mr. President, Judge Hicks, who be- to Cookeville and held six extended daily FAUVER, of Tennessee. longs to a different party, has in the sessions each week for 5 weeks and tried 57 Mr. President, I wish to put another record a letter or a telegram, I believe- condemnation cases to juries and one case in which the jury was waived. Judge telegram into the RECORD. It is from T wish to be accurate-in which he says Chandler of Oklahoma gave about a month's Judge Marion Boyd. No better man than there is no necessity for an additional time at Nashville and cleaned up the' crim- Judge Boyd has ever been made. The district judge for that district. inal calendar in the summer of 1950, and junior Senator from Tennessee admit- 1951 CONGRESSIONAL RECORD-SENATE 12829 ted that he even went to school with Ellender Kefauver Neely in line 7, and before the period in line 8 Ferguson Kilgore Pastore Judge Marion Boyd, and admitted that Flanders Knowland Robertson to insert a comma and the following: Judge Boyd is a man of fine character Frear Langer Russell "and one additional district judge for and a man who will tell the truth. Judge Fulbright Lehman Saltonstall the eastern district of Wisconsin." George Lodge Schoeppel Boyd said they do not need an additional Gillette Magnuson Smathers On page 6, it ,s proposed to strike out judge; he said there is no necessity for Green Malone Smith, Maine line 21 and insert in lieu thereof the an additional judge; he said that the Hayden Martin Smith, N. J. following: not a case behind. Hendrickson Maybank Smith, N. C. Wisconsin: docket was Hennlngs McCarran Sparkman Mr. President, do you know what was Hickenlooper McClellan Stennis Easter....-----.. ---...... 2 done? Someone-I do not know who Hill McFarland Taft it was; I do not know whether it was Hoey McKellar Thye The PRESIDING OFFICER. The Holland McMahon Underwood the FBI; I have not looked into the mat- Hunt Milllkin Watkins question is on agreeing to the amend- ter yet,but I will do so-now has charged, Ives Monroney Welker ment offered by the Senator from Wis- without having a shred of evidence or Jenner Moody Wiley consin. Johnson, Colo. Morse Williams truth to go on, that the trouble is that Johnson, Ter. Mundt Young Mr. WILEY. Mr. President, I ask Judge Boyd sometime in the future may Johnston, S. C. Murray unanimous consent that a statement need an assistant. Are we going to ap- The PRESIDING OFFICER (Mr. showing the facts in connection with the point judges for such a reason as that? amendment may be printed in the body There may come a time when each of MURRAY in the chair). A quorum is present. of the RECORD at this point. these judges might encounter a little There being no objection, the state- difficilty in connection with some case, Mr. KEFAUVER obtained the floor. will the ment was ordered to be printed in the mnd might need assistance; but is that Mr. WILEY. Mr. President, RECORD, as follows: the way we are to make provision for Senator yield to me to make a unani- judgeships? I do not believe it. I sim- mous-consent request? STATEMENT OF SENATOR WILEY REGARDING Mr. KEFAUVER. I yield to the senior AMENDMENT PBOVIDING FOR APPOINTMENT OF ply do not believe it. Mr. President, ADDITIONAL DISTRICT JUDGE FOR EASTERN think of it. The evidence given by Senator from Wisconsin. DIsTrICT OF WISCONSIN Ju- lawyers in Nashville and in middle Ten- Mr. WILEY. Mr. President, the The purpose of this amendment is to pro- nessee is all on the other side. If there dicial Conference recommended that an vide for the appointment of an additional is a lawyer who has taken a contrary additional judge be appointed for the district judge for the eastern district of view, I have never seen his testimony. eastern district of Wisconsin, which has Wisconsin. If there is such evidence, it has been probably the heaviest load in the United The origin of this amendment is as fol- carefully concealed, and I have not seen States. I have talked to the chairman lows: Between September 24 and September it. The judicial conference is unani- of the Judiciary Committee and mem- 26 the Judicial Conference of the United mously opposed to a roving judgeship. bers of the committee and they are States met and came to certain conclusions bill be amended accord- with regard to the need for various addi- The people of west Tennessee are op- willing that the tional judges in various districts of the posed to it. What is the reason for urg- ingly. I realize that it is a little bit un- United States. Certain of these conclusions ing it? I have been in the Senate a usual, but I now ask unanimous consent merely reaffirmed previous Conference deci- long time, and this question has in- that my amendment be considered at sions which had already been conveyed to trigued me somewhat. I wonder what this time without consuming additional the Senate and House Judiciary Committees. in the name of heaven has caused my time. On the other hand, one of the new conclu- distinguished colleague to want a roving The PRESIDING OFFICER. Is there sions arrived at by the Judicial Conference was that the heavy workload in the eastern judge for west Tennessee, when the peo- objection to the unanimous-consent re- district of Wisconsin necessitated the ap- ple of west Tennessee themselves do not quest of the Senator from Wisconsin? pointment of an additional Federal district want a roving judge. Mr. McCARRAN. Mr. President, I judge there. Mr. President, I have stated the facts. beg the Senator's pardon and I beg the Going back a step further, the creation I have taken longer than I had intended; pardon of the Senate. My attention was of the judgeship had been recommended I am sorry. I had thought of comparing diverted to another matter for the mo- previously by the circuit council for the the proposal with our throwing money ment. Will the Senator kindly restate seventh circuit. This council consists of away on other things, but I shall not do his request? the court of appeals for that circuit, Chief money away on many Judge J. Earl Major, of Springfield, Ill.; Judge that. We throw Mr. WILEY. My unanimous-consent Otto Kerner, of Chicago, Ill.; Judge F. Ryan projects, but we have not thrown any request deals with the appointment of an Duffy, of Milwaukee, Wis.; Judge Philip J. away on roving judges, and I hope that additional judge for the eastern district Finnegan, of Chicago, III.; Judge Walter C. we may never throw our money away for of Wisconsin. My amendment would Lindley, of Danville, Ill.; and Judge H. the purpose of having stand-by judges amend the original bill, in accordance Nathan Swaim, of Indianapolis, Ind. who may be necessary once a year or with the recommendation of the Judicial The action of the circuit council had been once every 10 years. I do not know Conference end in accordance with the presented to the Conference by Judge Major what such a judge would do. Take a and favorable action was taken on the basis facts and the equities of the case, as the of that recommendation. man like myself: I am a workingman. chairman of the committee knows. I do not know what I would do if I had Immediately on learning of this recom- Mr. McCARRAN. Let me say,-Mr. mendation last week, I contacted the Ad- nothing to do except to try a case when President, th,t the Judicial Conference, ministrative Jffice of the United States Judge Boyd was absent from his court at its 1951 meeting, just about 10 days Courts in the Supreme Court Building, and in west Tennessee. ago, recommended what the Senator in particular the Chief of the Division of Mr. President, officially and personally, from Wisconsin is offering in his amend- Procedural Studies and Statistics, Mr. Will I ask Senators to vote in favor of this ment. The only question I have in mind Shafroth, for additional information to con- amendment, which would mean that we firm or deny the recommendation. Mr. Sha- now is that we are on the committee froth sent to me a complete statistical state- would have no roving judge in Tennes- amendments. I take it the Senator see. ment proving the serious and unavoidable wants to bring up his amendment out of congestion of civil cases in the eastern dis- Mr. KEFAUVER. I suggest the ab.. order. trict of Wisconsin-whose work is now sence of a quorum. handled by only one judge, the Honorable The PRESIDING Mr. WILEY. Yes. I ask unanimous OFFICER (Mr. consent to bring it up out of order. Robert E. Tehan. Indeed there Is such a MONRONEY in the chair). The clerk will tremendous civil case load there that there call the roll. Mr. McCARRAN. I have no objec- was very considerable excess of cases filed The Chief Clerk called the roll, and tion. in 1950 and 1951 over the cases terminated in the following Senators answered to their The PRESIDING OFFICER. Is there those years. The civil case load per judge names: objection to the unanimous-consent re- in that district is much higher than the cast quest of the Senator frcm Wisconsin? load per judge on the national average foi Aiken Butler, Nebr. Cordon The Chair hears none. The amendment all the districts of the United States. Th< Bennett Cain Dirksen clerk of district recorded that as of June 30 Benton Carlson Douglas presented by the Senator from Wiscon- 1951, there were 126 civil Brewster Case Duff sin will be stated. cases then pending Bricker Chavez Dworshak which had been at issue for more than ( Bricges Clements Eastland The CHIEF CLERK. On page 3, it is months. Forty-two of thc'a cases were re Butler, Md. Connally Ecton proposed to strike out the word "and" ported as having been ready for trial for a 12830 CONGRESSIONAL RECORD-SENATE OCTOBER ! least 6 months but had not been reached office shall not be filled) for the middle cussed, that we did not reach an agree because the court was not able to hear them. district of." ment, and that the committee's positioi I will not at this time attempt to take the Mr. KEFAUVER. Mr. President, the could not be accepted on the floor of th time of the Senate to present the entire sta- original bill provided for a permanent Senate. There is nothing I can do abou tistical statement. Suffice it to say that in feeling in good conscience tha my judgment the statistics amply prove the district judge for the middle district of it; but, necessity for the additional judgeship. Be- Tennessee. The bill as amended and re- the committee is correct, I see nothing ti fore making this recommendation I had con- ported by the Judiciary Committee pro- do except to present the facts, whici tacted legal authorities in the State of Wis- vides for a roving judge to sit in middle plainly uphold the position of the com consin who, I believe, are best familiar with Tennessee and west Tennessee. The mittee, as I see it. this situation, and they confirmed the rec- amendment offered by the senior Sen- It was stated by my distinguished col ommendations of the Judicial Conference. ator from Tennessee provides for a judge league the senior Senator from Tennes This amendment which I am offering at this time is, I understand, acceptable to my for middle Tennessee, with the proviso see that apparently I was the only oni colleagues on the Judiciary Committee. I that the first vacancy shall not be filled. who had recommended this position should therefore like to call it up for action Mr. President, I am here to defend, As a matter of fact, it has been recom at this point. support, and speak in behalf of the posi- mended by the Committee on the Judi tion of the Committee on the Judiciary, ciary. In order to expedite considera, Mr. McCARRAN. Mr. President, I which position was taken not only once, tion of the entire problem, in last Thurs. desire to say a few words with respect to but twice. So far as I know, there was day's RECORD, beginning at page 1259! the amendment offered by the Senator no dissenting vote in the Judiciary Com- I inserted a number of recommendation: from Wisconsin. mittee on either of those two occasions, by bar associations, as well as editorial. Several days ago, as chairman of the with respect to the position which I am from leading newspapers, which show, ii Committee on the Judiciary, I received a presenting, which is the position of the seems to me, that both in middle Ten. letter from the Administrative Office of Committee on the Judiciary. nessee and west T-nnessee this solutior the United States Courts dated Septem- The subject was first considered dur- is satisfactory. ber 28, 1951, in which, as has been stated ing this session of Congress at a com- Later I shall refer to some of these rec- by the Senator from Wisconsin [Mr. mittee hearing on May 17. Thereafter, ommendations. They include recom- WILEY], the Judicial Conference of the -on July 30, the committee unanimously mendations from a number of bar asso- United States at its meeting held on Sep- agreed to my amendment for a roving ciations-not from Haywood County, but tember 24, 25, and 26 recommended that judge between the two districts, mid- from Lake County, Dyer County, and there be created an additional district dle Tennessee and west Tennessee. The Weakley County. More recently the bai judgeship for the eastern district of reporting of the bill was held up while association of Henry County submitted Wisconsin. the chairman of the committee was a recommendation. Many of the lead- Pursuant to that communication I making a laudable effort to adjust the ing lawyers in west Tennessee have also was furnished by the Administrative differences with respect to the Tennes- submitted their views. Office of the United States Courts the see judgeships. On August 17 another It will be seen also that the great daily statistical tables relating to the business hearing was held, at which time the pros newspapers of this section, including the of that district, and, as has been stated and cons were gone into. On August 20 Commercial Appeal in west Tennessee, by the senior Senator from Wisconsin, the question was again submitted to the the Memphis Press-Scimitar, of west the statistics indicate the need for this Committee on the Judiciary, which at Tennessee, as well as certain newspapers additional judgeship. As an example, that time reaffirmed its former position, in middle Tennessee, including the Nash- an examination of the statistics shows which is the position I am now defend- ville Tennessean, which has a very wide that in the eastern district of Wisconsin ing. circulation in that area, Epprove the rec- in the year 1948 there were commenced Throughout all these proceedings I ommendation of the committee, and feel 148 civil cases, and by 1951 that figure have tried not to engage in personalities, that this is the best way to solve the had risen to 259. In 1948 there were but only to consider the question on the problem. pending 129 civil cases, and in 1951 that merits of the issue. That is all I ask To get at the issue, I think it would be figure had risen to 278. The statistics here today. This is not a political ques- best to review very briefly the history of show, for example, that where there is a tion so far as I am concerned. The how this controversy can_e about and to national average of cases commenced merits of the situation In the two dis- state briefly something about the facts per judge of 204, in the eastern district tricts amply justify the position which of Wisconsin this figure is 259 per judge. in the case. has been taken by the Committee on the In March, 1949, the judge in the mid- I offer these figures in addition to Judiciary on two occasions. dle district of Tennessee suffered a heart those submitted by the senior Senator This matter is important to the attack. During the remainder of the from Wisconsin to bear out his recom- lawyers of middle Tennessee and west year he was unable to try any cases. In mendation, and on the basis of my un- Tennessee, to the judiciary generally, January of 1950, at the suggestion of derstanding relating to the situation in and to litigants. However, it is not a several members of the middle Tennees- this district I am glad to join in the re- question which should be occupying a see bar, I introduced a bill providing for quest that the amendment submitted by great deal of the time of the Senate, an additional judge in middle the senior Senator Tennessee, from Wisconsin be particularly at this late hour. These on a permanent basis. The senior Sen- considered favorably. questions, in my opinion-and I think ator from Tennessee [Mr. MCKELLAR] The PRESIDING OFFICER. The most Members of the Senate will agree- also introduced a bill in April or a little question is on agreeing to the amend- are questions which should be settled by later. As he has stated, I believe the ment offered by the Senator from Wis- the Committee on the Judiciary, be- bills were identical. consin [Mr. WILEY). cause they involve statistics; they in- I immediately set about to determine The amendment was agreed to. volve case loads, they involve the the case load of the work which was Mr. WILEY. I thank the distin- amount of work, and the condition of done in middle Tennessee, preparatory to guished junior Senator from Tennessee the docket-questions which cannot be presenting the request for an additional and the Senator from Nevada, chairman gone into in detail on the floor of the judge in middle Tennessee. I found of the committee. Senate. If the Committee on the Judi- that the case load in middle Tennessee The PRESIDING OFFICER. The ciary, after considering the facts, as they simply does not justify two judges op- clerk will state the pending question, have been considered, had decided the erating exclusively in that district. I which is on agreeing to the amendment issue in favor of the position taken by shall go into the statistics a little later. offered by the senior Senator from Ten- the senior Senator from Tennessee, I However, over a 10-year period the case nessee [Mr. MCKELLARJ to the committee certainly would not be here on the floor load in middle Tennessee was just about amendment on page 3, line 4. of the Senate trying to upset the position the average case load for the Nation. It The CHIEF CLERK. In lieu of the mat- of the Committee on the Judiciary, was a little more, but there was not a ter proposed to be inserted by the com- which has peculiar knowledge of this great deal of difference. mittee amendment on page 3, line 4, it is subject. It is true that there are some new de- proposed to insert: "One additional dis- Mr. President, no one regrets more fense plants in that area, which involve trict judge (the first vacancy in which than I do that this subject must be dis- condemnation cases in middle Tennes- 1951 CONGRESSIONAL RECORD-SENATE 12831 see. So there is some additional work, and'the other two judges are in the middle pletely in the foreseeable future, my col- be required and western districts. There is only one league introduced S. 3467 after I introduced above what one judge should in each district. S. 279 in the Eighty-first Congress seeking to do on a permanent basis. However, an additional judgeahip for the middle dis- on the basis of two judges for middle Judge Davies further said: trict. The judicial conference approved a Tennessee on a long-time basis there It might be that if there were to be a provision for a second judgeship on a tem- would not be enough work for them to roving judge it might be better to have him porary basis in September 1950. do, when the case load of middle Ten- from the middle and western districts, be- However, after reviewing the hearings on nessee is compared with the average case cause they already have two In the eastern S. 3467 and the procedural statistical com- district. putations of the administrative office of the load for the rest of the Nation. United States courts, I am firmly of the opin- The first hearing which was held on So the testimony went on. Judge Da- ion that any additional United States judge- this subject was on August 22, 1950. It vies, lawyers from Nashville, and also ship in Tennessee should consist of a roving has been referred to by the senior Sen- Representative GORE, from middle Ten- judgeship for both the middle and western ator from Tennessee. At that time a nessee, who testified, looked with the dist-icts of Tennessee. number of lawyers from middle Tennes- same degree of favor on the idea of a Sincerely, see came to Washington to testify in be- roving judge between the two districts. ESTES KEFAUvER. half of the bill. The main thing they No action was taken in the Eighty- Mr. KEFAUVER. Mr. President, a were asking for was some kind of relief first Congress. Early in the Eighty-sec- hearing was held on May 7, 1951, at to enable the court to catch up with the ond Congress the Senator from Nevada which Judge Davies appeared. He stat- heavy docket in middle Tennessee at [Mr. McCARRAN], chairman of the Com- ed that his health was somewhat better that time. District Judge Davies testi- mittee on the Judiciary, wrote a letter and that he had gone back to work and fied that he had worked so hard that he to the members of the committee, stating was able to carry a part of the load. had suffered a heart attack, and had not that he planned to have an omnibus bill His statement will be found at page 191 been able to try any cases. He stated take care of all the judicial districts, of the hearings. At this hearing I re- that, looking at the situation from a per- and asked the opinion of the members viewed the amount of work in the mid- manent viewpoint, or over a long period of the committee. I replied to the Sen- dle district and also the western dis- of time, he, or whoever the judge might ator from Nevada by letter dated Feb- trict, and showed that the western dis- be, would need some assistance, even if ruary 15, in which I said: trict had a heavier case load and that he were an able judge. The principle recommendation I have to it needed help over a long per:od of time The matter of a roving judgeship was make with regard to our three Tenn"essee more than did the middle district. I first mentioned in the hearing on Au- districts is the creation of an additional further stated that in order to give the gust 22, 1950. The situation was very judgeship to assist in both the middle and judge a full amount of work to do and well summed up at that time by one of western districts. to be of benefit to lawyers and litigants the leading members of the bar of Nash- I went on to say that the record and citizens in both districts the judge ville, Mr. Cecil Sims. I do not know showed that west Tennessee had a little should be a roving judge. whether he was an officer of a bar asso- more than the national average case The matter was brought up, as I have ciation. However, we all recognize him load, and that the appointment of an stated, in committee; and on August 30, as being a leading lawyer who is familiar additional judge would solve our prob- in consideration of the case load and with the conditions. At page 175 of the lem. the statistics, the committee agreed with hearings Mr. Sims states: I ask unanimous consent that my let- my proposal. What we need is about a judge and a half. ter to the chairman of the Judiciary Thereafter there was one other brief As a matter of fact, we have a man who is Committee be printed in the RECORD at hearing, at which time the question was doing a one-and-one-half-man job in middle this point as part of my remarks. again gone into, and the committee again Tennessee. And I think you will find that sustained its position. they need some help over in east Tennessee There being no objection, the letter over In Knoxville. was ordered to be printed in the RECORD, The situation is that west Tennessee as follows: has a population of 984,720, as compared Mr. Albert Williams, who I believe is UNITED STATES SENATE, with middle Tennessee's population of president or an officer of a bar associa- COMMITTEE ON ARMEDSERVICES, 896,173, which means that there are tion, stated at page 177 of the hearings, February 15, 1951. more than 88,000 more people in west in colloquy with the Senator from Wis- The Honort ble PAT MCCARRAN, Tennessee than there are in middle Ten- consin [Mr. WILEY] : United States Senator. nessee. It will also be seen by the chart Senator WILEY. Is it your judgment that DEAR SENATOR: Thank you for your letter that west Tennessee is advancing more the appropriate means of solving this prob- of January 17 with reference to the bill the Committee is drafting, under your rapidly in population than middle Ten- lem would be to have a roving judge for the Judiciary nessee. middle and western districts? direction, dealing with the creation of addi- tional Federal judgeships and needed As a matter of fact, Memphis, as we Mr. WILLIAMS. My preference would be for districts. the chief the judge for the middle district: but, of changes in judicial all know, has become one of course, a roving judge for the middle and I think your judgment in including all centers of trade and commerce, and a western districts would be a great help over these provisions In a single bill is very good. distribution center, with many great na- what we have now. Anything Is better than In that manner, we may consider the effect tional companies having their southern nothing, and that would be an advantege to upon our Federal judiciary as an entity. or southeastern offices there. The .ourt us over the present situation. The principal recommendation I have to make with regard to our three Tennessee dis- at Memphis has a great many admiralty The truth of the matter is that Judge tricts is the creation of an additional judge- cases to try. Memphis is growing more Davies himself said that there was some ship to assist in both the middle and western rapidly than any other Tennessee city. merit to a roving judge. His testimony districts. The eastern district of Tennessee Therefore, judged by population growth is to be found at page 176 of the hear- has two judgeships, but there is only one during the past 10 years, there is every each in the middle and western districts. In reason to believe, as shown by records, ings conducted in August 1950. This 1950, the western district of Tennessee had is what Judge Davies said. The chair- that west Tennessee is growing more a little over the national average of civil cases rapidly in population. Of course, that man, the Senator from Nevada [Mr. Mc- per judge, and the middle district consider- CARRAN] was ably under. The number of criminal cases means more litigation and more need presiding. I was present for courts. most of the time. I quote from the commenced per judge in the western and testimony: middle districts was very much larger than There are defense establishments both the national average. The western district in west and middle Tennessee. As a The CHAnaMAN. What would you tuink if disposes of its cases much more rapidly than matter of fact, in Memphis, according Congress should look with favor on a rov- In the other two Tennessee districts. ing judge to serve in all of the districts of to the latest Martindale, there are 661 The judge of the middle district was ill and lawyers, whereas in Nashville there are Tennessee? unable to try any cases from September 1949 Judge DAVIES. I would look with favor on to October 1950, resulting In a docket con- 525 lawyers, which means that there anything that Congress would decide to do gestion which still exists to some degree. His are about 140 more lawyers in Memphis about it. efforts have been supplemented by those of than there are in Nashville. Of course, I would only point this out to the com- visiting judges. For this reason, and for the where the lawyers are, that is naturally mittee; and that is that there are now two further reason it is considered that the mid- where the litigation is; otherwise, the judges In the eastern district of Tennessee, dle district judge is unlikely to recover com- lawyers would not be there. 12832 CONGRESSIONAL RECORD-SENATE OCTOBER 9 Mr. President, the records kept by the is growing rapidly, particularly in the the names of the bar associations and administrative office of the United States case of west Tennessee. Furthermore, others who have endorsed the proposal Courts-and they are digested on the we know that every session of Congress for the creation of a roving judgeship. chart before us-show that in west Ten- results in placing an additional work- Mr. McKELLAR. Page 12599 of nessee in an 11-year period the total load upon the district judges, particu- what? number of cases commenced is 5,015. larly as a result of the enactment of the Mr. KEFAUVER. Of the CONGRES- In middle Tennessee over the same pe- law creating the Office of Price Stabiliza- SIONAL RECORD under date of October 4. riod the total is 4,467, or about 550 more tion and the laws relating to the Defense Mr. McKELLAR. However, we closed cases in that period in west Tennessee Establishment and the various control this case several weeks ago, and the com- than in middle Tennessee. The cases establishments, all of which cause a con- mittee acted upon it. The testimony to are both civil and criminal cases. siderable amount of additional work to which the Senator refers was not before The national average is 4,401. There- be placed upon the judges. the committee. fore, west Tennessee is far above--a Mr. President, in Tennessee the east- Mr. KEFAUVER. Mr. President, I do substantial percentage above-the na- ern district has two judges. The middle not yield. tional average. Middle Tennessee is just district now has one judge, and the west- Mr. McKELLAR. The Senator should about at the national average. I believe ern district has one judge. The lawyers make an accurate statement of facts, if in fairness it should be stated, how- and the litigants in northwest Tennessee he is not going to yield. ever, that the judge in middle Tennes. have earnestly petitioned to have a term Mr. KEFAUVER. Mr. President, I re- see has had some cases of a class, such as of court held there, and they are anxious fuse to yield at this time. condemnation cases, in which several to have that done. -n northwest Ten- The PRESIDING OFFICER. The cases are covered by one case. I believe nessee there are some very populous junior Senator from Tennessee declines he said that in one of those instances one counties-Obion, Lake, Dyer, Weakley, to yield. case covered in excess of 100 trials. Un- Gibson, and other counties, which are Mr. KEFAUVER. Mr. President, a questionably, the number of defense probably more than 100 miles from few days before that time, the senior establishments and the growth of middle Memphis, where court is held, and they Senator from Tennessee had certain Tennessee will keep it substantially above are a substantial distance from Jackson, communications placed in the RECORD. the national average, although not near- .Tenn. I felt that in order to provide for the ly so much above as is the case in west The record here will show that the bar expenditious consideration of the pro- Tennessee. associations of practically all the west posal which now is before us, and in The average number of cases com- Tennessee counties are anxious to have order not to take up unduly the time menced per annum in middle Tennessee terms of court held there. of the Senate, it would be helpful if I is 406; in west Tennessee, it is 456. The Mr. McKELLAR. Mr. President, will were to place in the RECORD the resolu- national average is 400. the Senator yield? Will the Senator tions and editorials, and then I could It will be seen that over a 10-year pe- name the counties? simply refer to them without having to riod the number of cases terminated in Mr. KEFAUVER. Yes. read them. west Tennessee is 4,782; over the same Mr. McKELLAR. I should like to have Certain resolutions will be found on 10-year period it is 4,103 in middle Ten- the Senator name them. page 12599 of the CONGRESSIONAL RECORD nessee. Mr. KEFAUVER. Yes, I will name and on the following pages. That is the It is true that the Judicial Conference them, I may say to the Senator. CONGRESSIONAL RECORD under date of recommends that because of the illness First let me say, before I name these October 4. of Judge Davies a temporary judge be counties, that the distinguished Senator The first resolution is by the Dyer assigned there, or that a temporary has inferred that I have written a num- County Bar Association. Dyersburg is judgeship be created there for the pur- ber of letters by means of which I have the county seat. The bar association pose of helping Judge Davies catch up tried to stir up backing for this proposal. says that a special meeting was called, with his docket, and that the first va- I would like to state emphatically that I not merely a meeting of the directors cancy there be not filled. have not. I wish to say that I think I of the association, as was done in Mem- The showing is and the undisputed have written only one letter, which was phis and in Jackson, but a special meet- facts are that there is some additional an explanation sent to a friend, Lucius ing of all the lawyers of the Dyer County amount of work over the national aver- Burch, about what the problem is. It is Bar Association. The resolve is, in part, age in middle Tennessee, and that there true that after the directors, as distin- that- is a great deal of additional work over guished from the members, of the Mem- Whereas the Dyer County Bar Association the national average in west Tennessee. phis Bar Association or the Shelby Bar recognizes the necessity of an additional Looking to the facts and stating the mat- Association acted on the matter, I did Federal judgeship for the State of Tennessee ter on a permanent basis, the creation of write them a letter in which I pointed to relieve the congested dockets of the vari- a roving judgeship would fill the needs out the facts which I did not think they ous courts: Now, therefore, be it of these two districts for many years to had considered. Resolved by the Dyer County Bar Asso- come. ciation, met in a special called meeting on Mr. McKELLAR. The Senator will this the 24th day of August 1951, That said As a matter of fact, several recom- also admit, will he not, that they turned bar association extends its thanks to the mendations for the creation of addition- down, for a second time, his proposal? Honorable ESTES KEFAUVER and commends al judgeships have been made by the Mr. KEFAUVER. Yes. his actions in this matter; be it further chairman of the committee which were Mr. President, I think I may cover Resolved, That the secretary of the Dyer not recommended by the Judicial Con- some of those matters- County Bar Association be instructed to for- ference. Of course, the opinion of the Mr. McKELLAR. The Senator need ward this resolution to the Honorable ESTES Judicial Conference is good evidence, but not cover them unless he wants to. KEFAUVER. Adopted: GEORGE W. PIGUE, it is not by any means controlling on the Mr. KEFAUVER. If the Senator will President. committee. In the bill provision is made permit me to finish my remarks, I shall GRANGER LATTA, for the creation of five or six additional be happy to discuss, then, any of those Secretary. judgeships which were not recommended matters, if he wishes me to do so. I by the Judicial Conference. think that will be better than to have a The Lake County Bar Association Furthermore, if the facts showing the running colloquy. adopted a resolution not only asking that increasing case load in west Tennessee, Mr. McKELLAR. The Senator need a roving judgeship be created, but also and showing that the lawyers in north- not answer unless he wishes to do so. setting forth the necessity for the ap- west Tennessee want to have a term of Mr. KEFAUVER. Mr. President, the pointment of an additional judge in that court held there, had been presented to air may be somewhat charged. If I can section. The resolution reads in part as the Judicial Conference, I have no doubt finish my statement, I shall be very follows: that its action also would have been dif- happy to yield to the Senator. Whereas the United States District Court ferent. The PRESIDING OFFICER. The for the Western District of Tennessee now convenes in Memphis and Jackson; and Mr. President, v:e know that already junior Senator from Tennessee has the Whereas the distance from these two these districts are above the national floor. cities to points in those counties situated in average in terms of the amount of work Mr. KEFAUVER. Mr. President, the t nthenorwestern section of Tennessee in- they have, and we know that their work Senate will find beginning at page 12599 cluding the counties of Dyer, Lake. Obion. 1951 CONGRESSIONAL RECORD-SENATE 12833 Weakley, Lauderdale, and others, results in which a large number of lawyers ask than any other section of Tennessee. The great, and at times, prohibitive expense and that there be a roving judgeship, and greater the population the greater the load inconvenience to litigants, witnesses, and also that court be held in that section. for the Federal court. Another highly jurors alike attending this court; and pertinent item is that Memphis' growth in- A number of letters are in the RECORD, volves constant additions to the sizable and Whereas the city of Dyersburg in Dyer and I have other letters here, some of County, Tenn., is centrally located in said substantial commercial and industrial facili- northwestern section of the State and is con- which I have been asked to treat as ties of the city and section. veniently accessible to all points in said personal, and others, which I could put It then says further: session- into the RECORD, from lawyers through- out west Tennessee, but quite a number If there were a roving Federal judge avail- And they proceed to ask that another from lawyers in Memphis, complaining able for middle and west Tennessee, Federal term of court be held at Dyersburg. fact that no meeting of the bar court could be held at locations other than the cre- of the Memphis and Jackson and this would mean The next resolution asking for association there was called, and that ation of a roving judgeship will be found a material convenience for lawyers, Jurors, they did not have an opportunity to witnesses, and persons concerned in legal on page 12599 of the CONGRESSIONAL vote; that the matter was simply decided actions. Presumably the people in a num- RECORD. by the directors. But the seven or eight ber of middle Tennessee communities would Let me say that at this time I have other counties have called meetings of be similarly favored by a judge with what before me the originals of the resolu- their bar associations, and they speak we believe the lawyers call concurrent juris- tions. the diction. for the lawyers. It is not easy for logic This resolution is from the Weakley lawyers, particularly in places like Mem- All the circumstances seem to put County Bar Association. Dresden, Tenn., on the side of creating a roving judgeship phis or Jackson, where court is already if there is to be any new one at all. is the county seat. That bar association being held, to take a position which is also called a special meeting of the bar. opposed to that of the sitting judge. Mr. President, the Nashville Tenn s- Here is the letter, signed by the persons Lawyers hesitate to do that. But one sean, of which of course is in middle designated to write it. The letter reads, lawyer, Mr. R. Garland Draper, says he Tennessee, which has the largest circu- in part, as follows: thinks 90 percent of the lawyers of west lation of any newspaper in that area, and WEAKLEY COUNTY, Tennessee are in favor of this proposal. which is a great newspaper with a fine Dresden, Tenn., August 27, 1951. We all know what the creation of an- record, a newspaper which certainly Senator ESTES KEFAUVER, other term of court in northwest Ten- would defend the position of middle Senate Office Building, Tennessee Washington, D. C. nessee would mean, and it is my inten- in any controversy of this DEAR SENATOR: At a recent meeting of the tion, because I think the people of the sort, published an editorial, which is in Weakley County Bar Association held in Dres- vicinity are entitled to it, if this matter the RECORD, in which it says: den, Tenn., a resolution was unanimously is settled so that there will be a roving The important questions are whether passed appointing the undersigned as a judge who can give some of his atten- there would be sufficient business for two committee to communicate with you and tion to west Tennessee, to introduce a full-time Federal judges in the middle dis- memorialize you to support the bill to create bill, and to ask the Judiciary Committee trict, and whether the new judge could not a roving Federal judgeship as reported out better serve by helping to care for the case of the Senate Judiciary Committee for mid& to approve the establishment of a term load in two districts. Senator KEFAUVER in- dle and west Tennessee. of court there, because there are sev- sists that two judges would be superfluous eral large-sized cities-that area is grow- in the middle district, but that a roving They go on to point out the fact that ing-and it is unfair and inconvenient judge for the middle and west districts would Weakley County is a long distance from for litigants to have to go many miles, serve an imporant purpose. Memphis and Jackson, and that it would to Memphis or to Jackson, in order to It then goes on to say that- be of great convenience to the lawyers have their cases determined. and litigants and jurors if a term of Mr. President, I have always felt that In the light of facts, the institution of a court were held in Weakley County, par- roving judge for service in two districts is the two great newspapers of west Ten- both practical and advisable. The layman ticularly at Dresden. nessee had very good judgment about has been impressed by Senator KEFAUVER'S Then, Mr. President, it will be seen things that were in the best interests of declaration that he would be entirely will- that the Lake County Bar Association the people of that section. First is the ing for a middle Tennessean to be appointed also had a special meeting, and asked Memphis Press-Scimitar, which gave to the post, in agreement with his protesting that this action be taken. consideration to the problem, and which colleague. Then, Mr. President, I have a telegram in a very strong editorial, dated Septem- So, Mr. President, looking at this from Paris, Tenn. That is in Henry ber 6, 1951, pointed out that in view of proposition over a long period, the ap- County, also in west Tennessee. I read: the rapid growth of west Tennessee, the pointment of a temporary judge with This association endorses the concurrency roving judge proposed would be able to the first vacancy not to be filled, does of jurisdiction in the middle and western help out in west Tennessee in handling not solve anything. districts if an additional United States dis- the increased number of cases, which is In the first place, life being as uncer- trict judge is authorized for Tennessee. We above the national average, and which, also urge an additional division in the west- tain as it is, if a temporary judge, with ern district to sit at Dresden. of course, will continue to increase. The the first vacancy not to be filled, was PARIS BAR ASSOCIATION, Press-Scimitar points out that while appointed, then, possible next week, or By R. L. DUNLAP, Jr., Judge Boyd, for whom I have very high within 2 weeks or a year, or at some President. respect, by very hard work has been able time in the near future, we would have to keep up with his docket, the same Mr. President, also in the RECORD on with us again the problem as to what thing might happen to him that hap- should be done about the increasing the pages to which I have referred will pened to Judge Davies: he might become be found the names of a large number case load in Tennessee. If that situatior ill, and in that event there would be no should not arise for 12 or 15 years, be. of lawyers, and I have their letters and one to look after the docket. telegrams here. It would seem that fore the first vacancy, the two judges Furthermore, Mr. President, a news- working together, would be able to catcl practically all the lawyers from Union paper which is very highly regarded and City, in Obion County, which is the up with their dockets in middle Tennes which stands for the welfare of the com- see within 1 or 2 years, and after thai northernmost county in the State of munity and for a fair position is the Tennessee, were included: Paul G. Hud- there would be work enough for onlk Memphis Commercial Appeal, which has about one and one half or one andt gins, Tom Elam, Robert Fry, Sam C. a long and distinguished history and Nailling, E. H. (Tito) Lannon, David G. third judges, and they would not be earn which I believe has the largest circula- ing their money. There would not be ; Caldwell, Hardy M. Gramham, Charles tion in that part of the South. The B. Fields, W. E. Hudgins, W. M. Miles, full day's work for two judges after the: Memphis Commercial Appeal, in an edi- got their docket caught up, and in th C. W. Miles 3d, George Cloys, Fenner torial entitled "A Roving Judge, If Any," Heathcock. meantime, during all of this time, th comes out very strongly for this posi- lawyers and litigants Next is a petition or a telegram from tion. Among other things, it says: in west Tennesse who have a case load greatly above th the lawyers of the Gibson County Bar It seems to us that Judge Boyd has done Association, which I believe is geograph- and is doing a good job, but that very fact national average, and who are asking fo ically the largest county in the State, dictates against overtaxing him and his p term of court in another scetion of th containing five or six small cities, in court. Memphis is growing more rapidly district, which would further increat 12834 CONGRESSIONAL RECORD-SENATE OCTOBER 9 the case load, would be without the serv- yer in Memphis, whom I consider to be two occasions. What is proposed is what ices of this roving judge, to which they very outstanding, and who is a good the people want, what the lawyers of would be entitled. friend of mine, for his ideas about the both districts would be satisfied with. The plan presented in the bill, in question, and to see what other mem- Even Judge Davies, in the middle dis- the opinion of the bar associations and bers of the bar with whom he was as- trict, would be satisfied with this ar- the leading newspapers of the State-I sociated thought about it. Naturally, rangement. It is what the lawyers and do not know of any daily newspaper in conversations with lawyers from litigants in northwest Tennessee are ask- which has taken a contrary position or west Tennessee I have asked how they ing for. It is the consensus of the lead- has proposed a judge for only middle felt about it. I am convinced that law- fng representatives of the press who re- Tennessee-would solve the problem for yers in the northwestern part of the flect the public opinion of that section. the foreseeable future, and possibly for State, almost to a man, as shown by the So I hope, Mr. President, that the posi- generations, because the situation is resolutions of their bar association, feel tion of the committee will be sustained. that there is more work in middle Ten- that there should be a roving judge, and Mr. HENDRICKSON. Mr. President, nessee than one judge can do, and there that he should hold a term of court in will the Senator yield? is considerably more than one judge northwestern Tennessee. Mr. KEFAUVER. I yield. ought to do in west Tennessee, particu- Mr. President, something has been Mr. HENDRICKSON. Did the State larly if he holds another term of court said here and there about politics. Pol- bar association take any action on this in northwest Tennessee. So it would be itics has no place in the judiciary or in question? ideal to have a judge to help out in both the determination of a question like Mr. KEFAUVER. The State bar asso- districts and keep the dockets current. that now before the Senate. It certainly ciation has not taken any action. It should be pointed out, Mr. President, had no influence in my deciding what I Mr. HENDRICKSON. I thank the that in these days, when antitrust cases thought should be done in this case. Senator. and other technical cases are being tried, Whatever my recommendation may be Mr. SPARKMAN. Mr. President, will at times a judge becomes involved in a worth, I have not committed myself to the Senator yield? case the trial of which lasts for 3 or 4 anyone; and when, at the last hearing, Mr. KEFAUVER. I yield. months. Such a case is at this time in on August 17, it was insinuated that the Mr. SPARKMAN. I am sorry that I progress at Vicksburg, Miss., where a junior Senator from Tennessee might could not be present during all the dis- number of Memphis lawyers are engaged have been actuated by some political cussion, but I am interested in the ques- in a trial taking several months. If that motive and that he might have some- tion which was just propounded by the should happen in western Tennessee, or one in west Tennessee whom he desired Senator from New Jersey. Do I cor- if any judge, because of overwork, should to recommend for a judgeship, I agreed rectly understand that the Judicial Con- not be able to carry on as vigorously as with the chairman of the committee- ference made any recommendation, or he has been doing, here would be the and the Senator from New Jersey [Mr. does it make recommendations in such same situation in west Tennessee which HENDRICKSON] was there--- cases? now prevails in the middle district. Mr. McKELLAR. Mr. President, will Mr. KEFAUVER. Yes; the Judicial The validity and the worth of roving the Senator yield? Conference does make recommenda- judges are well recognized by the judi- Mr. KEFAUVER. I do not yield at tions. The Judicial Conference made a ciary and by the Congress. In the very this point, Mr. President. recommendation that there be two bill now before the Senate there is provi- The PRESIDING OFFICER (Mr. judges for middle Tennessee, the first sion for a roving judge in eastern and NEELY in the chair). The Senator de- vacancy not to be filled. It pointed out western Missouri. There was a provision clines to yield. that they have been concerned with the for one in North Carolina, but that has Mr. KEFAUVER. At page 18 of the judge in the middle district being sick, been eliminated from the bill for further record the senior Senator from Tennes- and the increase in the case load. The investigation. There is one for the see said: proposition of the heavier case load for northern and southern districts of West Is there someone you want to appoint or west Tennessee, and also the fact that Virginia. recommend for appointment in west Ten- in northwest Tennessee the lawyers want nessee? Is that your idea? Mr. President, it costs approximately to have a term of court there, which $40,000 a year, I believe, to pay the sal- I replied: would further increase the heavier case ary of a new Federal judge and to pro- Senator MCKELLAR. I know you have said load for west Tennessee, so far as I know vide the necessary stenographic assist- that. There is nobody that I have committed was not presented to the Judicial Con- ance, the bailiff, and the library ex- myself to recommend. If you feel that is ference, and I do not know what action penses. It may cost a little more than the matter, I will agree here and now, if that they would have taken if it had been. that. So that there is some economy in will solve the problem, that anybody I recom- Mr. McKELLAR. Mr. President, I what is now proposed. If there are two mend will be from middle Tennessee, if that just have a word or two to say in reply. judges for middle Tennessee, there is is what you feel is bothering me. It does not seem to me that it is really going to be a continuing and insistent SThat is from the record. There are necessary, but I have one or two things demand, as there is now, for relief in just as good lawyers in middle Tennessee I wish to say. The junior Senator from west Tennessee, because if middle Ten- as there are in west Tennessee. There Tennessee said that Judge Davies and nessee is entitled to an additional judge, should be no difficulty in finding an able Judge Boyd approved the idea of a rov- west Tennessee is more than entitled to judge from either section. So I have ing judge. I read a telegram from one, because the case load there is heav- made that offer. There it is, in the Judge Boyd: ier. So the first thing we know, we will record. Answering your inquiry during 11 years have to have another judge in west Mr. President, I have heard the plea I have presided over district court for west- Tennessee. The matter does not in- many times that committees should be ern Tennessee every case has been handled volve a great deal of money, and the eco- sustained on the floor. The senior Sena- promptly. Will Shafroth's- nomical course would be to have one tor from Tennessee asked yesterday that He is secretary of the Judicial Confer- judge to take up the excess work and the Appropriations Committee be upheld ence- serve in both districts. in some of its positions, and I think that Will Shafroth's records at administrative Mr. President, I have taken the posi- on practically every proposition the Ap- office will show this. Our calendar is abso- tion I occupy because I think it is right. propriations Committee was upheld. lutely current at this time. No one to my We all know, and there can be no ques- But particularly, Mr. President, in mat- knowledge has suggested the need of addi- tion about it, that the judge in middle ters affecting the judiciary, where there tional judges for this district. Tennessee, the lawyers, and the liti- is a question of figures and case load, and Now that ought to be sufficient proof. gants, are entitled to some relief. Many the members of the committee keep in I will say, for whatever value it has, that defendants have been in jail for a long touch with the problems in the various the junior Senator from Tennessee was time awaiting trial. The court business districts, many detailed figures and cal- asked at the hearings if he knew Judge is increasing. I believe my position to culations have to be considered which Boyd. He said he did. When asked if be sound. The recommendations which can be gone into only in committee. he was a truthful man he said he was. have come here have not come through Mr. President, this matter has been As I say, I do not know the value of that, my solicitatiop. I have asked one law- submitted to the Judiciary Committee on but that was the evidence. CONGRESSIONAL RECORD-SENATE 1951 12835 Tennessee. I am sorry that he has done The truth is that the only possible Now. Mr. President, as I say, this is not it. I urged him not to do it, but he has semblance of any suggestion of a case the way to appoint judges. Judges ought seen fit to do it. the junior Senator from Tennessee has to be appointed in a proper way. I think Mr. President, I ask that the Senate is that grows out of the fact that, since the junior Senator from Tennessee agree to the pending amendment to the this-matter came up and he found him- makes a great mistake in undertaking, committee amendment. That is all I *self without a leg to stand on, he has after the evidence is all in and he knows have to say. I leave the question to the been hunting all over the State for tes- it, to gather as much as he can from judgment of the Senate. timony, and he has gotten two or three Tom, Dick, and Harry. Mr. KEFAUVER. Mr. President, I letters-maybe three or four. I had a He mentioned the names of two or suggest the absence of a quorum. great deal of difficulty in getting him to three lawyers in west Tennessee. I do The PRESIDING OFFICER (Mr. put the letters in the record. The only not happen to know them. Unfortu- NEELY in the chair). The clerk will call letter he put in the record, as I recall- nately for me I do not know them. I the roll. and the record is here and speaks for it- have no doubt they are all right in every The legislative clerk called the roll, self-the only letter he put in the record way, but I just do not know them. and the following Senators answered to was about an entirely different thing, As I said in the very beginning, and their names: and did not apply to the roving judge at as I told the Senator in the Senate com- Hendrickson all. It was about establishing a judge- mittee, no one has asked me about a Hennings ship for west Tennessee and a term of roving judge for west Tennessee except Aiklen Millikin Hickenlooper Bennett Monroney Hill court in the northwestern part of the the junior Senator from Tennessee. He Benton Moody Hoey State. That is an entirely different mat- is the only advocate for a roving judge, Brewster Morse Holland ter. And in that very letter the writer except those he has since drummed i:p. Bricker Mundt Hunt Bridges Murray Ives spoke of Judge Boyd holding the court perhaps a half a dozen. They are the Butler, Md. Neely Jenner there. He never spoke of a roving judge. only ones who are in favor of roving Butler, Nebr. Pastore Johnson, Colo. He never had a word to say about a rov- judges. When a man has political Cain Robertson Johnson, Tex. ing judge. The Senator did not deal di- friends in a State, Senators can under- Carlson Russell Johnston, S. C. Case Saltonstall Kefauver rectly with the other letters he spoke of. stand why he would write to them to Chavez Schoeppel Kilgore He shid there was something private in support his position. I believe the jun- Clements Smathers Knowland them so he could not put them in. But ior Senator was nominated by a minority Connally Smith, MaineLanger Cordon Smith, N. J.Lehman whatever the reason, he has not put vote, but he has somebody for him in Douglas Smith, N. C.Lodge them in. They are not in the record. western Tennessee. The result is that Duff Sparkman Magn uson The only one that I know has the state- he has written letters, and, notwith- Dworshak Stennis Malone Eastland Taft Martin ment in it that Judge Boyd was a nice standing his denials, he has used every Ecton Thye Maybank man. effort to get letters to bolster up his Ferguson Underwood McCarran Judge Boyd sent me the telegram I position. He.has taken a wrong posi- Frear Watkins McClellan Fulbright Welker McFarland have read. I want to read it again. It tion. He-ought never to have taken that George Williams McKellar will take but a moment. It is just two or position. No Senator, no real Senator, Gillette Young McMahon three lines. ought to do it. He made a great mis- Green Hayden Answering your inquiry- take in doing it. I hope the Senate will The PRESIDING OFFICER. A quo- not sustain that method of appointing rum is present. I made the inquiry and found what judges. The question is on agreeing to the shape this was taking; that it was taking If there is one thing I am proud of, amendment of the senior Senator from a political shape, absolutely political. it is our judicial system. I saw a jury Tennessee [Mr. MCKELLARI to the The Senator said he made an offer to not long ago that was going to try a amendment of the committee. trade with me. No; I did not trade with Communist in the State of New York. Mr. McCARRAN. Mr. President, in my him about this judgeship. I did not term of office in the Senate, nothing has trade with him because I did not believe When I looked at the list my heart sank. I did not know whether it would be pos- been more unhappy to me than the posi- that he would carry out the trade if it sible for justice to be done by such a tion I have had to occupy with reference was made. That is the reason why I did jury. Yet that jury in the State of New to this question. As chairman of the not do it. York-in the city of New York, if you Judiciary Committee, I attempted as best I continue with Judge Boyd's tele- please-after deliberation came in with I could to reconcile the differences be- gram: an honest, upright verdict. I am proud tween the two Tennessee Senators. I Answering your inquiry, during 11 years I of it. I am proud of a State which has had certain views on the matter which I have presided over district court for west- tried to express to them. ern Tennessee every case has has been han- citizens of that kind. I think we ought to have in our country a judicial system Mr. President, I held up the bill, with- dled promptly. Will Shafroth's records at out reporting it to the Senate, for a con- administrative office will show this. Our which is second to none. We must have calendar is absolutely current at this time. that kind of a system. siderable time, in hope that we might ac- No one- The question might be asked of me, complish a result which would avoid the "Why are you interested in this ques- controversy which has developed on the No one. I am not guessing when I floor of the Senate. make a statement- tion?" I am interested in it just as I am interested in anything which affects my So far as I am concerned, the entire No one, to my knowledge, has suggested the matter now turns-and the recommen- need of an additional judge for this district. State. I simply want to do the right thing. The other day I wrote to the dation to which I now refer L the only How could anything be stronger than President, after he had withdrawn a one on the basis of which I can cast my that? The judges are against the posi- nomination, that I had no one to suggest vote-on the direction and recommenda- tion of the junior Senator from Tennes- in place of the original nominee. Why? tion of the Judicial Conference. Of see. The lawyers are against his posi- Because I think the President did a course that is not satisfactory to some; tion. Since the matter came up and he brave and proper thing, and I wanted to but on two different occasions-in 1950, found himself ir the predicament he was uphold him when he did a brave and and again in 1951-the Judicial Con- in he has been very diligent in trying to proper thing. ference recommended a temporary judge get people to write him letters saying Mr. President, the record about which for the middle district of Tennessee. that a roving judge is necessary, but he the junior Senator from Tennessee has They made no recommendation-not does not publish the letters. If Senators talked for half or three-quarters of an even in the present year, 1951, after the vote for his proposal on the ground that hour is based entirely upon statements bill was pending on the Senate Calendar he has letters, let them remember they which have been made since the case -for the western district of Tennessee. are not in the record. If they had been was heard before the Committee on the I shall cast my vote in keeping with put in the record, all right. I asked him Judiciary. None of the letters referred the recommendation of the Judicial Con- a little while ago to put them in the to was before the Judiciary Committee. ference, much as I dislike to cast a vote record. He would not do it. Indeed, he The record which has been made was either one way or the other in this con- refused to yield when I pressed him made upon a case which has been made troversial matter. about the letters. up by friends of the junior Senator from XCVII-808 OCTOBER 9 12836 CONGRESSIONAL RECORD-SENATE I think the junior Senator from Tenn- NAYS-19 essee [Mr. KEFAUVER]the has senior some Senator merit to from Tennessee [Mr. Hunt Morse MCKELLARI has presented this afternoon, Benton Kefauver Murray his argument. I think the senior Sena- Douglas Lehman Pastore tor from Tennessee [Mr.and MCKELLAR]join the remarks has made earlier in Duff Magnuson Smathers some merit to his argument.the day byThe the bal- junior Senator from Fulbright McMahon Sparkman ance which turns theNorth scale, Carolinaso far as my[Mr. SMITH], in years Gillette Monroney gone by a president of the American Bar Hennings Moody conclusion is concerned, is the fact that Hickenlooper the Judicial Conference-afterAssociation, thewho billexpressed his own and NOT VOTING--17 had been reported bythe the official Senate disapproval com- of roving judges Humphrey O'Conor in general, I think there is reasonable Anderson Kern O'Mahoney mittee and was on the calendar-within Byrd Kerr Tobey the last 2 weeks reaffirmeddoubt at theirthis timestand to assume a necessity Capehart Long Wherry for a temporary judgefor appointingfor the middle a roving judge for Ten- Dirksen McCarthy Wiley nessee; and I shall oppose such intended Ellender Nixon district of Tennessee. Flanders Mr. President, thataction. is all I have to say. Mr. CAIN. Mr. President,The PRESIDING it is not OFFICER. The So Mr. MCKELLAR'S amendment to the discreet, sir, nor is it questionpleasant isto onpartici- agreeing to the amend- amendment of the committee was agreed pate in a troublesomement matter submitted which byis the senior Senator to. chiefly of concern tofrom two Tennessee friends, who[Mr. MCKELLAR] to the The PRESIDING OFFICER. The are Members of thecommittee Senate, inamendment. which question now recurs on the adoption of they represent the sameMr. State.KEFAUVER. How- Mr. President, on the committee amendment as amended. ever, having been bornthis questiona Tennessean, I ask for the yeas and nays. Mr. McCARRAN. I have no objec- I wish to say a brief wordThe inyeas support and nays of were ordered, and tion. my intention to vote thefor legislativethe amendment clerk called the roll. The amendment, as amended, was which has been offeredMr. by JOHNSON the senior of Texas. I announce agreed to. that the Senator[Mr. Mc- Senator from Tennessee from New Mexico [Mr. The PRESIDING OFFICER. The KELLAR]. ANDERSON] is absent by leave of the Sen- Mr. President, it ate.so happens that a next committee amendment will be member of my own family,The Senatorwhom I fromhave Virginia [Mr. BYRD] stated. not seen for many, manyis absent years, because lives ofin illness in his family. The next amendment was on page 3, Jackson, Tenn. UntilThe I received Senator fromfrom Louisiana [Mr. EL- in line 7, after the word "and", to strike her a letter, under LENDER]date of isSeptember absent because of a death in out "two" and insert "one." 25, I did not know hisof thefamily. existence of The amendment was agreed to. such a person. If I haveThe been Senator correctly from Minnesota [Mr. The next amendment was, in the same informed, she is presentlyHUMPHREY], the the chief Senator from Oklahoma line, after the word "district", where it clerk of the United States[Mr. KERR],District the Court Senator from Louisiana occurs the second time, to strike out of the Western District[Mr. LONG],of Tennessee, the Senator from Maryland "judges" and insert "judge." about which many things[Mr. haveO'CONOR], been saidand the Senator from The amendment was agreed to. this afternoon. I amWyoming constrained [Mr. to O'MAHONEY]be- are absent The next amendment was in line 13, lieve, Mr. President, onthat official her business.views on after "(56 Stat. 1083)", to insert "the the pending question Iought announce to be further con- that if present and been existing judgeship for the solthern dis- sidered, and certainlyvoting, they the have Senator from Louisiana IMr. trict of appealing to me. Texas created by section 2 (d) ELLENDER], and the Senator from Okla- of the act entitled 'An act to provide for I shall read only a homaportion [Mr. of herKERR] very would vote "yea." welcome letter, because the other refer- the appointment of additional circuit Mr. SALTONSTALL. I announce that and district judges and for other pur- ences in it are completelythe Senator personal from in Indiana [Mr. CAPE- character. poses,' approved August 3, 1949 (63 Stat. HART], the Senator from California [Mr. 495)." This lady writes toNIXON], me, in and part: the Senator from Nebraska The amendment was agreed to. I have been in this office[Mr. forWHERRY] over 20 years,are necessarily absent. and in charge of it for more than 15 years, The next amendment The Senator from Missouri [Mr. KEMI was on page 4, having worked under three judges, one Re- after line 10, to strike out: publican and two Democrats,and theand ISenator feel that from Illinois [Mr. I have a pretty good DIRKSEN]idea of the are needs absent of on official business. Connecticut.-----..------.--.... 3 this western district ofIf present,andTennessee. We voting, do the Senator from * * * * * not need a roving judgeIllinois in this [Mr. district, DIRKSEN] as would vote "yea." The amendment was agreed to. you can see from the latest report of the Judicial Conference of Thethe UnitedSenator Statesfrom Wisconsin [Mr. Mc- The next amendment was in line 17, that this district is as currentCARTHY] with is absentits dock- by leave of the Senate. after the word "Southern", to strike out et as is any in the Thecountry. Senator * * from* New Hampshire "5" and insert "4." There are 16 counties [Mr.in the TOBEY] Jackson is Divi-absent because of illness. The amendment was agreed to. sion, and I believe I am in a position to The next amendment was on page 5, know. When this bill is Thebrought Senator up before from Vermont [Mr. the Senate, you do notFLANDERS] know how and much the SenatorI from Wiscon- after line 8, to strike out: would appreciate it ifsin you [Mr. will WILEY]oppose theare detained on official New York: passing of it. business. * * * * * Your family and mineThe have result been was too announced-yeas 60, Southern ------.------. 19 closely connected by bloodnays 19,and as association follows: for me to hesitate to ask this of you. The amendment was agreed to. YEAS-60 Mr. President, I hope to have a chance Aiken The next amendment was, after line Green BennettMcFarland 19, to insert: to meet this lady some day. It Haydenwould BrewsterMcKellar be good to know her as a friend andHendrickson rela- BrickerMilllkin Pennsylvania: Hillfor BridgesMundt Eastern.---..------8 tive, and to express my admirationHoey Butler,Neely Md. her willingness to speak her pieceHolland on Butler.Robertson Nebr. the pending question over her signa-Ives Cain Russell The amendment was agreed to. ture. Jenner CarlsonSaltonstall Johnson, Colo.Case Schoeppel The next amendment was on page 6, She concludes her letter as follows:Johnson, Tex.ChavezSmith, Maine after line 2, to strike out: Assuring you of my appreciation, Johnston,and I S.Clements C. Smith, N. J. 2 Kilgore ConnallySmith. N. C. Middle..---...---.------am sure the taxpayers would join Knowlandme in Stennis S * * * * knew about it, I am, Cordon it if they just Langer DworshakTaft Sincerely, Lodge EastlandThye And after line 4 to insert: BESSIE JONES TRICE.Malone EctonUnderwood Middle and western------.---- 1 Martin FergusonWatkins Mr. President, when I add theMaybank sub- Frear Welker Mr. McCARRAN. Mr. President, that stance of this letter to the logicalMcCarran case GeorgeWilliams McClellan Young amendment should be corrected in ac- 1951 CONGRESSIONAL RECORD--SENATE 12837 cordance with the amendments prev:i- ished. In order that the table contained in unless sooner removed by the President for it be so col - section 133 of title 28 of the United States cause." ously adopted. I ask that Code will reflect the change made by this (b) This section shall take effect upon its rected. ,paragraph, the portion thereof relating to approval but shall not affect the term of any Mr. McKELLAR. I did not undeir Washington is amended by striking out incumbent whose term has not yet expired. stand. "Eastern and western ..------1." Mr. McCARRAN. It should be changed The amendment was agreed to. agreed to. OFFICER. That in accordance with the amendmernt The amendment was The PRESIDING The next amendment was, on page 10, completes the committee amendments. adopted. out: The PRESIDING OFFICER. It will 1,e ifter line 16, to strike The bill is open to further amendment. changed to correspond with the previolis SEC. 5. The first sentence of the fourth If there are no further amendments, the action of the Senate, and in order to ha:r- paragraph of section 371 of title 28, United question is on the engrossment and third a1 States Code, is amended to read as follows: reading of the bill. monize this language with what has eli- "Whenever any circuit or district Judge The bill was ordered to be engrossed ready been done, this amendment shou'Id gible to resign under this section or to retire be rejected. Is that satisfactory to tl le under this section or section 372 does for a third reading, read the third time, Senator from Nevada? neither, and the President finds that such and passed. Mr. McCARRAN. That is correct. judge is unable to discharge efficiently all MESSAGE FROM THE HOUSE The amendment was rejected. the duties of his office by reason of perma- A message from the House of Repre- The next amendment was, on page 6, nent mental or physical disability and that the appointment of an additional Judge is sentatives, by Mr. Snader, its assistant after line 8, to insert: necessary for the efficient dispatch of busi- reading clerk, announced that the House Southern-.------4 ness, the President may make such appoint- had passed, without amendment, the * * * * * ment by and with the advice and consent following bills of the Senate: of the Senate." The amendment was agreed to. S. 1959. An act to amend the National La- The next amendment was, in line 16, And in lieu thereof to insert: bor Relations Act, as amended, and for other after "Western", to strike out "4" and iin- SEC. 5. Section 371 of title 28 of the United purposes; and States Code is amended to read as follows: S. 2231. An act to effect entry of a minor sert "3." thild "§ 371. Resignation or retirement for age; adopted or to be adopted by a United The amendment was agreed to. States citizen. The next amendment was, after lii1e substitute judge on failure to 21, to insert: retire. ORDER OF BUSINESS the United shall appoint, 1by "(a) Any justice or judge of Mr. McFARLAND obtained the floor. (b) (1) The President good and with the advice and consent of the Se:n- States appointed to hold office during Mr. McCARRAN. Mr. President, attaining the age ate, one additional district judge for the di S behavior who resigns after would ng of 70 years and after serving at least 10 years the majority leader permit me to trict of Arizona. The first vacancy occurril ask unanimous consent to take up a of district judge in said distrlct continuously or otherwise shall, during the in the office remainder of his lifetime, continue to receive bill which is on the calendar, which is shall not be filled. the salary which he was receiving when he directly related to the bill we have just The amendment was agreed to. resigned. passed, providing for the widows of The next amendment was, on page 7, "(b) Any justice or judge of the United judges? If we create judges, we should m States appointed to hold office during good line 3, to renumber the subsection fro behavior may retain his office but retire from certainly so provide that their depend- "(b) (1)" to "(2)"; in line 8, to chanlge regular active service after attaining the age ents are taken care of. the subsection number from "(2)" to of 70 years and after serving at least 10 Mr. McFARLAND. I have given no- "(3)"; after line 13, to insert: years, continuously or otherwise. He shall, tice of the consideration of other mat- (4) Subsection (c) (6) of section 90 of tit;le during the remainder of his lifetime, con- ters. I know there is some objection to 28, United States Code, is amended by strik- tinue to receive the salary of the office. that bill, and I would not want to take ing out the word "Washington", so that t he "The President shall appoint, by and with it up at this time until notice is given. subsection will read as follows: the advice and consent of the Senate, a suc- Mr. McCARRAN. Mr. President, who retires. "(6) The Swainsboro Division compris es cessor to a justice or judge these bills are related. The bill to which "(c) Whenever any circuit or district the counties of Bullock, Candler, Emanu el, I refer is to take care of the widows of Jefferson, Jenkins, and Toombs. judge eligible to resign under this section or "Court for the Swainsboro Division shiall to retire under this section or section 372 judges. Certainly that has. to do with be held.at Swainsboro." does neither, and the President finds that the functioning of the judiciary. such judge is unable to discharge efficiently Mr. McFARLAND. Mr. President, I The amendment was agreed to. all the duties of his office by reason of per- have not given notice of that bill. I The next amendment was, on page 7, manent mental or physical disability and the know there is objection to it. line 22, to change the subsection number appointment of an additional judge is neces- Mr. McCARRAN. There is bound to from "(3)" to "(5)"; on page 8, line 3, to sary for the efficient dispatch of business, the President may make such appointment be objection to any bill. change the subsection number froh by and with the advice and consent of the Mr. McFARLAND. There are other "(4)" to "(6)"; in line 8, to change t]he Senate. If such additional judge is ap- matters which we want to dispose of this subsection number from "(5)" to "(7) "; pointed, the vacancy subsequently caused by afternoon. after line 14, to insert: the death, resignation, or retirement of the Mr. McCARRAN. If we can get (8) The present incumbent of the judge- disabled judge shall not be filled. through with it within an hour-- district judge whose dis- ship for the southern district of Texas ci .e- "Any circuit or Mr. McFARLAND. Mr. President, An ability causes the appointment of an addi- ated by section 2 (d) of the act entitled "' there are Senators interested in other act to provide for the appointment of ad(I- tional judge, shall, for purposes of preced- tional circuit and district judges, and i'or ence, service as chief judge, or temporary matters and I have made commitments other purposes," approved August 3, 1949 ( 63 performance of the duties of that office, be and feel that we should go ahead with Stat. 495), shall henceforth hold such offIce treated as junior in commission to the other the order on which we are proceeding. Wder section 133 of title 28 of the Unit ed judges of the circuit or district." Mr. McCARRAN. I am just pleading Sates Code, as amended by this act. The amendment was agreed to. with the Senator. The amendment was agreed to. The next amendment was, on page 12, Mr. McFARLAND. If the Senator The next amendment was, in line 2, after line 14, to insert: from Nevada will talk to me later, we to change the subsection number fro,m SEc. 6. (a) The first sentence of section shall see what we can work out, but I do "(6)" to "(9)". 26 of the Organic Act of the Virgin Islands not want to take up his bill this after- The amendment was agreed to. of the United States, as amended (48 U. S. noon. C. 1405y), is amended to read as follows: Mr. McCARRAN. Very well. The next amendment was, on page 9, "The resident shall, by and with the ad- line 3, after the word "while", to stri]ke vice and consent of the Senate, appoint a EXECUTIVE SESSION out "such" and insert "the present." judge for the iistrict Court of the Virgin Mr. McFARLAND. I move that the The amendment was agreed to. Islands who shall hold office for the term of Senate proceed to the consideration of The next amendment was, on page 9, 8 years and until his successor is chosen and qualified unless sooner removed by the Presi- executive business. after line 7, to strike out: dent for cause, and a district attorney who The motion was agreed to; and the (7) The existing judgeship for the easte rn shall hold office for the term of 4 years and Senate proceeded to the consideration ol and westeru districts of Washington is abi)l- until his successor is chosen and qualified executive business. 12838 CONGRESSIONAL RECORD-SENATE OCTOBER 9 EXECUTIVE MESSAGES REFERRED the nominations of Joseph Jerome the Constitutional Convention in re- The PRESIDING OFFICER (Mr. Drucker and Cornelius J. Harrington, to quiring the advice and consent of the NEELY in the chair) laid before the Sen- be United States district judges for the Senate was not lightly taken. It was ate a message from the President of the northern district of Illinois. intended to make the Senate a coordi- United States submitting the nomination The PRESIDING OFFICER. Is there nate branch in the selection of these high of Roswell L. Gilpartic, of New York, to objection? The Chair hears none, and officers. be Under Secretary of the Department the nominations will be stated. I mention that because there is some- of the Air Force, vice John A. McCone, The Chief Clerk read the nominations times a tendency to forget the constitu- resigned, which was referred to the Com- of Joseph Jerome Drucker and Cornelius tional history and sound sense behind mittee on Armed Services. J. Harrington to be United States dis- the provision and for some persons trict judges for the northern district of lightly to conclude that the appointment EXECUTIVE REPORTS OF A COMMITTEE Illinois, which had been reported ad- of persons to such offices should be the The following favorable reports of versely by the Committee on the Judi- exclusive prerogative of the President. nominations were submitted: ciary. I shall file for the RECORD a somewhat By Mr. MAYBANK, from the Committee on The PRESIDING OFFICER. The fuller summary of this constitutional Banking and Currency: question is, Will the Senate advise and history, with a citation of some of the Maple T. Harl, of Colorado, to be a mem- consent to the nomination of Joseph many precedents in Senate action on ber of the Board of Directors of the Fed- Jerome Drucker and Cornelius J. Har- nominations made under circumstances eral Deposit Insurance Corporation; and rington to be United States district like those in the present cases. Henry Earl Cook, of Ohio, to be a member judges for the northern district of Illi- The facts in this case are very well of ihe Board of Directors of the Federal De- known. Late in January posit Insurance Corporation. nois? I submitted By Mr. SPARKMAN, from the Committee Mr. DOUGLAS. Mr. President, I rise two recommendations for appointment on Banking and Currency: reluctantly to oppose the nominations of to the two vacancies. I had considered Telford Taylor, of New York, to be Ad- Joseph Jerome Drucker and Cornelius J. the matter for over 6 months and had ministrator, Small Defense Plants Adminis- Harrington who have been nominated to taken careful counsel with leading mem- tration. fill the two new positions on the Fed- bers of the bar and leading citizens of Mr. SALTONSTALL. Mr. President, eral bench in the Northern District of Chicago. In my judgment these men I should like to ask a question of the Illinois. whom I recommended were extremely majority leader. Is it his intention, in I wish to present only a brief state- well qualified. It is my understanding proceeding to executive business, to take ment, file the remainder of my remarks that they were investigated by the At- up the nomination of Chester Bowles? for the RECORD, and merely comment torney General's office and found worthy, Mr. McFARLAND. Yes; but the Sen- upon the general situation. and that the recommendations were for- ator from Illinois [Mr. DOUGLAS] will Mr. President, as is well known, the warded to the President. be absent some time this week and he Constitution provides that the President The President took no action upon stated that he would use only a few shall "nominate and by and with the ad- these recommendations, and he did not minutes to dispose of the nominations vice and consent of the Senate appoint" act during the spring and early summer. of two judges from Illinois. I told him Supreme Court judges and Federal I was not consulted by him or by any of that if it would not take more than a judges in lower jurisdictions. The his representatives at any time about few minutes, I did not think there would phrase "with the advice and consent of the matter. be any objection. He thought the nomi- the Senate" was not intended to be Then on the 13th of July, without any nations could be disposed of in approxi- lightly construed. I have gone into the prior consultation with me, the President mately 10 minutes. constitutional history of the Convention sent down to the Senate the names of Mr. SALTONSTALL. Do I correctly of 1787, which shows that it was origi- Joseph J. Drucker and Cornelius J. Har- understand there is to be no opposition nally the tentative position of the Con- rington. My first disposition was to from the Senator's side of the aisle to stitutional Convention that the Federal make an immediate protest, but I con- the report of the committee? judiciary should be appointed, first, by sidered the matter further and thought Mr. McFARLAND. I cannot say that. the Congress, and then, in a later de- it was possible that the President and his I would not want to say in advance, cision, by the Senate. advisers had facts which they had not but I think the nominations can be dis- It was not until relatively late in the revealed to me. I, therefore, asked the posed of in approximately 10 minutes. convention that the compromise was Chicago Bar Association to conduct an Mr. SALTONSTALL. If they are not finally worked out that the President advisory poll of its members upon the concluded by quarter past four, will the should nominate, but that the advice and matter. The Illinois Bar Association also Senator drop them in favor of the other consent of the Senate were required for took a poll, and one of the local news- nominations? I ask that question be- final appointment. In other words, the papers, the Chicago Sun-Times, took a cause there are Members on this side Senate was expected to play an active poll of all the lawyers, whether members of the aisle who have remained because part in selecting Federal judges. of the bar or not, in Cook County. they understand other nominations There was a very good reason for this I ask unanimous consent to file at the were going to come up. decision of the Constitutional Conven- end of my remarks the record of these Mr. McFARLAND. I think we can tion. There were really two reasons for polls together with the summary of the work that out if it should take any undue it. In the first place, the judiciary is, constitutional history which I have pre- amount of time. in a sense, the arbiter of grave and basic viously mentioned. Mr. LEHMAN. Mr. President, will the disputes between the executive and legis- The PRESIDING OFFICER (Mr. Rus- Senator from Arizona yield? lative branches over their respective SELL in the chair). Without objection, I yield. powers. It is, therefore, in the interest it is so ordered. Mr. McFARLAND. (See exhibit A, and exhibit B.) Mr. LEHMAN. I have already asked of sound government that the judiciary to be excused from attendance on the should not be beholden to only one of Mr. DOUGLAS. Mr. President, I can session of the Senate tomorrow, and it the two branches, but that there should say that the polls showed an impressive me to be present. be joint consent of the two branches re- and indeed an overwhelming decision by will not be possible for the lawyers and I still want the opportunity of voting on quired for the selection of judges. qualified attorneys of The second reason was that great as the region as to the superiority of the the nomination of Chester Bowles. I men the debate, if the knowledge of a President may be, he whom I suggested as compared with think it is fair to ask that the President's appointees. there be any debate, on the report, be cannot, in the nature of things, in the limited to 15 minutes. vast majority of instances, know the I want to make it clear that, like the qualifications of the lawyers and local Senator from Iowa [Mr. GILLETTE] and UNITED STATES DISTRICT JUDGES judges within a given State as well as the Senator from Georgia [Mr. RUSSELL] Mr. McFARLAND. I think perhaps do the Senators from that State. How- in similar cases last year, I do not want the judgeship nominations could have ever excellent his general knowledge, the to label the nominees themselves as be- been disposed of while we have been talk- President does not have the detailed ing personally obnoxious to me. I regard ing about them. knowledge of the qualifications, back- them as estimable men and fine citizens. Mr. President, I ask unanimous con- ground, and record of judges in a partic- But I should like to point out that they sent that the Senate proceed to consider ular State. So, therefore, the position of were nominated without consultation 1951 CONGRESSIONAL RECORD-SENATE 12839 with me, without any indicaion of the other candidates are available or better wanted to make the record clear that if reasons for their selection, and contrary qualified. we take that action again we are, I may to the recommendations of the much Mr. DOUGLAS. Or if there are other say, confirming the position we have more highly qualified men whose names candidates, previously recommended by taken in the past, and it is becoming a I had forwarded and who were supported the Senator whom the President does fixed, definite precedent in the United by the heavy preponderance of informed not consult, who are better qualified. States Senate. opinion in Illinois. Mr. McCARRAN. Mr. President, will Mr. DOUGLAS. I always like those Mr. McCLELLAN. Mr. President, will the Senator yield so I may propound a lines of Tennyson: the Senator yield? question? Where freedom slowly broadens down Mr. DOUGLAS. Yes. Mr. DOUGLAS. I yield, From precedent to precedent. I noted the Sena- Mr. McCARRAN. I think the Senator Mr. McCLELLAN. In this case I think that is very appro- tor's reasons for opposing the nomina- from Arkansas will recognize the fact on the basis that the Senate has on three distinct oc- priate. tion" of the two gentlemen, Mr. President, that the Senator from Illinois was not casions established this precedent in the Mr. HENDRICKSON. their appointment. past. will the Senator yield? consulted regarding We are under some May I ask the Senator if he deems that Mr. McCLELLAN. I was under the Mr. DOUGLAS. sufficient reason for opposing confirma- impression that at the last session of obligation to the Senator from Massa- tion? Congress three judges were not con- chusetts not to run beyond 4:15. Mr. DOUGLAS. I would say that be- firmed by the Senate in one day, as I Mr. HENDRICKSON. Mr. President, fore I would continue to interpose that recall, because the Senators in whose will the Senator yield for one question? objection, I would want to make certain States the appointments were made had Mr. DOUGLAS. I yield. in my own mind that my choices were not been consulted about the matter. Mr. HENDRICKSON. Is it not true superior. That is my recollection. that the Senator is following a consti- Mr. McCLELLAN. Based on the as- Mr. McCARRAN. Let me say that in tutional course in this instance in de- sumption that the Senator has choices the Virginia case, in regard to which manding that the President recognize that are superior, and would recommend both Senators from Virginia appeared the advice-and-consent clause of the them if given opportunity to do so, or has before the Committee on the Judiciary Constitution of the United States? recommended them, as the case may be, and objected on the very ground now Mr. DOUGLAS. The Senator from and then the Senator not being consulted being used by the Senator from Illinois, New Jersey has stated bluntly what I regarding whom the President nomi- the case was brought to the floor of the have been attempting to convey politely nated, would the Senator judge that to Senate and the position of the Senators by way of circumlocution. be a sufficient reason for the Senate not from Virginia was sustained. Mr. HENDRICKSON. I thank the to confirm? Again in the case of Georgia where Senator. Mr. DOUGLAS. I have no power of almost identical grounds were used be- Mr. DOUGLAS. Mr. President, I decision as to what other Senators fore the Committee on the Judiciary as think I can conclude this by saying I should do. those used by the Senator from Illinois, regret the incident very much. It was Mr. McCLELLAN. I am asking the the matter was brought to the floor of not of my making. In a sense, it has Senator for his expression of opinion the Senate and again the Sena- sus- been forced upon me. But I must re- about it. tained the Senators from Georgia. luctantly raise my objection to the ap- Mr. DOUGLAS. The Senator means The same was true in the Iowa case. pointment of these candidates because of what I would do in similar cases? So the precedent has already been estab- the manner and method of their selec- Mr. McCLELLAN. Yes. lished. tion, and because the result would, in Mr. DOUGLAS. In case some other Mr. McCLELLAN. As I recall, we my judgment, be antagonistic to the Senator were not consulted? voted on all three cases the same day. cause of good government and the main- Mr. McCLELLAN. Yes. Mr. McCARRAN. No. The Virginia tenance of a strong, independent judi- Mr. DOUGLAS. I would say that case came up many years ago; at least ciary. would be very persuasive- 10 years ago. EXHIBIT A Mr. McCLELLAN. We voted on two Mr, McCLELLAN. I think we are ac- OF cases the same day. SUMMARY OF CONSTITUTIONAL HISTORY tually adopting a precedent when we Mr. McCARRAN. We voted on two ADVICE AND CONSENT CLAUSE AND CITATION the matter, and I c- LEADING SENATE PRECEDENTS take a position on cases the same day. We voted on the to make that clear. My study of the appropriate records in- wanted Iowa case and the Georgia case on the Mr. DOUGLAS. I should say it would dicates that the following is the constitu- same day. tional theory upon which "the advice and be a very persuasive factor in my mind. Mr. McCLELLAN. That was at the I do not mean that every appointment consent of the Senate" is required by ar- last session of Congress. ticle II, section 2 for judicial appointments. should be farmed out to a Senator, but Mr. McCARRAN. Yes, that is my As is well known, the "Virginia plan," draft- that it would be a persuasive factor- recollection. ed largely by James Madison and George Ma- not necessarily controlling-in my own Mr. McCLELLAN. Mr. President, the son and presented to the Constitutional decision. only thing I wanted to point up is that Convention of 1787 by Edmond Randolph, I did not in this case wish finally to was the nucleus from which the Constitu- this may not be the last time the Senate tion was developed and furnished the basis interpose my own opinion until I had will be confronted with the same situa- taken a referendum of the bar. We had for the discussions within the convention. tion. Yet heretofore generally it has It is less well known that clause 9 of this three referenda, and each one of them been expected that a Senator who op- plan provided that the national judges confirmed my opinion, and made me be- posed a nomination should say that the should be chosen by the legislative and not by lieve that my opinion was not captious nominee was personally obnoxious to him the executive branch. (See Hunt, Madi- and that my judgment was correct as to and therefore, of course, the Senate gen- son's Notes of the Constitutional Conven- the relative qualifications of the various tion, vol. III of the Writings of James Madi- erally respected that attitude on the part son, pp. 19-20: "A national judiciary be es- candidates. of their colleague. Mr. McCLELLAN. I wish to thank the tablished to consist of one or more supreme Mr. DOUGLAS. I may say that in tribunals and of inferior tribunals to be Senator from Illinois. Representing his this instance I am following in the illus- chosen by the National Legislature.") people, he faced a problem which may trious footsteps of the junior Senator There was a rather full discussion of this confront other Senators from time to from Georgia [Mr. RUSSELL] and the proposal on June 5 of 1787. Messrs. Rut- time. junior Senator from Iowa [Mr. GIL- ledge and Pinckney favored appointment by Mr. DOUGLAS. That is true. LETTE] who did not say that the candi- the legislature, while James Wilson opposed Mr, McCLELLAN. I simply feel that dates were personally obnoxious, but that it. Madison favored selection by the Senate in this instance we are going to estab- but asked that the matter go over over for the manner and method of their selec- later consideration (Hunt, op. cit., pp. 90- lish a precedent. tion made them obnoxious. I am tak- 92). The issue was again discussed on July Mr. McCARRAN. Mr. President- ing my ground on precisely the same 18. Luther Martin, Roger Sherman, George Mr. McCLELLAN. I wanted the Sen- point. Mason, Edmond Randolph, and Gunning ator's view that the situation does justi- Mr. McCLELLAN. I thank the Sen- Bedford spoke in favor of the Senate mak- fy the Senate in refusing to confirm if ator. I wanted to understand it, and I ing the appointments and a motion to vest 12840 CONGRESSIONAL RECORD-SENATE OCTOBER 9 the appointing power in the Executive was EXHIBrr B ed, the Senate will proceed to vote upon defeated by a vote of six States to two (Hunt, REPORT OF CANVASSING COMMITTEE OF CHICAGO the nomination of Joseph Jerome op. cit., vol. III, pp. 461-464). The issue BAR ASSOCIATION ON MEMEBRSHIP POLL. ON Drucker, to be a United States district was again debated on July 21, and a modi- FEDERAL DISTRICT JUDGESHIPS District of Illi- the Executive should make judge for the Northern fied proposal, that The final result of a secret poll of the for the Federal judiciary nois, and Cornelius J. Harrington, to be the nominations members of the Chicago Bar Association with and that these should become appointments a United States district judge for the respect to Joseph. J. Drucker and Cornelius unless disagreed to by the Senate, was again same district in one vote. J. Harrington, nominated by President Tru- defeated by a vote of six States to three. man, and Benjamin P. Epstein and William The question is, Will the Senate advise Instead, by a vote of six to three, the con- H. King, Jr., recommended to the President and consent to these nominations? Sen- vention resolved that the judges were to be by Senator DOUGLAS to fill the two newly ators who wish to approve the nomina- appointed by the Senate (Hunt, op. cit., created additional Federal district judge- tions will vote "aye." Those opposed will provision was re- vol IV, pp. 35-36). This ships is as follows: tained In the draft presented by the Com- vote "no." mittee on Detail on August 6 (Hunt, vol. IV, For the first additional judgeship:. Mr. McCLELLAN and Mr. WELKER op. cit., p. 101), It was discussed on Au- Joseph J. Drucker--..------.... . 553 asked for a division. gust 23 (Hunt, vol. IV, op. cit., p. 285), but Benjamin P. Epstein__------3,656 Mr. DOUGLAS. Mr. President, a final approval was postponed. It was not For the second additional judgeship: parliamentary Inquiry. until the Committee on Unfinished Parts' Cornelius J. Harrington .------. 1,310 The PRESIDING OFFICER. The reported on September 4 that the final com- William H. King, Jr.------.. ---..- 3,003 Senator will state it. promise was worked out (see Farrand's Rec- The association has therefore expressed ordo of the Federal Convention, vol. II, p. its preference for Benjamin P. Epstein and Mr. DOUGLAS. Does an "aye" vote 495), which was finally embodied in article William H. King, Jr. mean a vote for confirmation and a "no" II, section 2; namely, that the President The Chicago Bar Association previously by vote a vote for rejection? should "nominate and by and with the ad- its board of managers had found all four The PRESIDING OFFICER. A vote vice and consent of the Senate appoint am- of the above persons to be qualified to fill "aye" is a vote to confirm the nominees; bassadors * « * judges of the Supreme such vacancies. This poll of the members a vote "no" is a vote to reject the nom- Court, and all other officers of the United was requested by Senator PAUL DOUGLAS,the inees. [Putting the question.] The States" (Hunt, op. cit., p. 432). senior Senator from Illinois. This review proves, I believe, that the ad- The details of the balloting are as follows: "noes" seem to have it. The "noes" have vice and consent of the Senate required by it, and the nominations are rejected. appointments was Counted ------4,358 the Constitution for such No signature slip------72 The clerk will state the next nomina- intended to be real and not nomial. A large Spoiled ballot ------70 tion on the Executive Calendar. proportion of the members of the convention Ballot but not voting------20 were fearful that if the judges owed their DEPARTMENT OF JUSTICE-ASSISTANT ATTORNEY GENERAL appointments solely to the President, the Total ballots sent in..------. 4, 520 judiciary, even with life tenure, would then become dependent upon the executive, and This Is the largest vote with respect to The Chief Clerk read the nomination the powers of the latter would become over- judicial office in the association's history. of William Amory Underhill to be an weening. By requiring joint action of the CHARLES A. BANE, Assistant Attorney General, in the De- legislature and the executive, it was believed Chairman, Canvassing Committee. partment of Justice. that the judiciary would be made more in- JULY 26, 1951. The PRESIDING OFFICER. Without dependent. objection, the nomination is confirmed. Poll of members of the Illinois State Bar There was a second advantage which be- Mr. HOLLAND. Mr. President, I am as circuit Association residing in the northern dis- came more and more important happy to comment and district courts were added to the Fed- trict of Illinois re candidates for United briefly upon the con- ernl judiciary. This was that a Senator States district judge firmation by the Senate of the nomina- from a given State would normally know the tion of an able young citizen of Florida, ability, capacities, and integrity of the law- Do you deem Mr. William Amory Underhill, who has yers and judges within that State better him qualified been named by the President to serve as for office of Vote than could a President who, however excel- United States for not an Assistant Attorney General of the lent, had of necessity to deal with the coun- district judge? more United States. Mr. Underhill, now just try as a whole. Assuming that a Senator than 3 41 years of age, has been appointed to was not markedly inferior to the President 'Yes No this responsible post in our Government in devotion to public duty, this would justify his having a voice in the selections. a little more than 5 years after the time The requirement for senatorial advice and Joseph Jerome Drucker...... 594 1,948 426 he entered the Department of Justice, in consent is, therefore, soundly based upon Benjamin P. Epstein...... 2,415 354 2,237 1946, following honorable service during CorneliusJ. Harrington-...1.. 2,0815 561 1,463 both the Constitution and common sense. William H. King, Jr...... 2,16 19 2,318 World War II as an officer in the Navy. It has been upheld in innumerable instances. Joseph Samuel Perry...... 2,106 334 1,68 Mr. President, I have known of this Beginning with the refusal of the Senate in young man and have known his people 1789 to confirm the nomination by August The undersigned hereby certify that the throughout his lifetime-his people be- President Washington of Benjamin Fish- above is a true tabulation of the votes cast fore the time of his birth. They are bourn as naval officer of the Port of Savan- in the poll above described. nah, there has been an almost unbroken long-time, highly respected residents of chain of precedents on this point. John AMOS M. PINKERTON. a county in Florida adjoining the county Adams stated that this was the practice in D. A. WATSON. of my birth and my present place of his time (John Adams, Works, vol. IX, pp. DEIRD JACKER, residence. 301-302). In Cleveland's time it was applied SPRINGFIELD, ILL,, July 24, 1951.-Total bal- I believe that this young man, who by to the Supreme Court of the United States lots mailed, 4,915; total ballots re elved, character, ability, and hard work has and not merely to circuit and district judges. 3,168 (64.25 percent). come up to this position of high respon- I could cite numerous other cases in the sibility at such an early age, and from a last 30 years, such as the Naut case in Ohio Results of Chicago Sun-Times poll of Cook in 1921, the Moore case in 1933, the Boyle case modest but truly American background, County lawyers on Federal court judge-. is entitled to the praise, congratulations, of 1938, the Roberts case In Virginia in 1938, ships and the Switzer and Andrews cases in 1950. and encomiums of the citizens of our Only last year, in the Iowa and Georgia Judge Benjamin P. Epsteln---.. ..- - 5, 823 State; and I voice the pride and satis- cases, the Senate upheld the principle that Judge Joseph J. Drucker-----.. --.... 1,189 faction of the people of our State in the the objection of a Senator in order to be merited recognition which has come to valid need r 't be directed against the per- William H. King, Jr----..--... -----.. 4,520 this deserving citizen of Florida. Judge Cornelius J. Harrington-...... 2, 610 son appointed by the President, but that it Mr. SMATHERS. Mr. President, I might also properly be focused upon the method and manner by which the appoint- Total ballots returned-----...-- ..--- 7,625 should like very much to associate my- ment was made. I am standing upon similar * * * self with the remarks of the distin- guished senior Senator from Florida grounds in the nominations now before us Spoiled or blank ballots---.------.. 495 and in addition I am objecting to the prob- about William A. Underhill. I, too, have able cffccts upon the judiciary if such an The PRESIDING OFFICEP. Under known this young man for quite a long appointment were to be confirmed. the unanimous consent heretofore grant- while and have taken pride in his steady 1951 CONGRESSIONAL RECORD-SENATE 12811 and deserved advancements in the De- Mr. Bowles' nomination be reported fa- events, that his change from the Re- partment of Justice. He is a young man vorably to the Senate. publican Party to the Democratic Party whose ability, integrity, and fairness en- The matter was presented at a meet- was brought about by his strong convic- title him to the honor and responsibility ing of the full committee, and the full tions in behalf of the League of Nations which has now come to him, and I am committee by a voice vote voted to report back in the days of Woodrow Wilson. sure that he will meet the demands of the nomination to the Senate with the At any rate, he changed his party affili- this new job with his customary effi- recommendation that it be confirmed. ation in 1932, and in 1940 he was an ciency. I am sure his friends are very I believe I am correct in saying that elector in the election of President Roose- proud, as are all the citizens of Florida, when the vote was taken in the full velt. in this nomination by the President of committee there were only two Senators Mr. BREWSTER. Mr. President, will the United States, and the unanimous of the Republican minority present, and the Senator yield? confirmation of his nomination by the they were the Senator from New Jersey Mr. SPARKMAN. I yield. United States Senate. [Mr. SMITH] and the Senator from Iowa Mr. BREWSTER. It would appear, DIPLOMATIC AND FOREIGN SERVICE- [Mr. HICKENLOOPER]. The Senator from would it not, that his change of front NOMINATION OF CHESTER BOWLES TO Wisconsin [Mr. WILEY] had been pres- was rather long delayed, since the BE AMBASSADOR TO INDIA AND NEPAL ent during the course of the meeting, League of Nations had been a rather but as I recall he was called out of the dead issue for some 10 years at the time, The Chief Clerk read the nomination room to the telephone, and the vote was and the result of this change did not ap- of Chester Bowles to be Ambassador taken during the time he was absent. parently bear fruit, because while the Extraordinary and Plenipotentiary of There were only those two members administration which he favored was the United States of America to India, of the minority present when the vote elected in 1932 it made no move to re- and so serve concurrently and without was taken. Both the Senator from deem what he apparently expected from additional compensation as Ambassador Iowa IMr. HICKENLOOPER1 and the Sen- his advocacy of our entry into the Extraordinary and Plenipotentiary of ator from New Jersey [Mr. SMITH] had League of Nations. He did not point out the United States of America to Nepal, interposed objections to the confirma- the incongruity, but it seems to me that which nomination had previously been tion, and I assume that they will take it does reveal a little illogic. passed over. advantage of the opportunity in the Mr. SPARKMAN. If the Senator The PRESIDING OFFICER. The course of the debate to state their reas- from Maine wishes to relish that question is, Will the Senate advise and ons for opposing Mr. Bowles' nomina- thought, of course it is his right to do so. consent to this nomination? tion. I did not say that that was the first time Mr. SALTONSTALL. Mr. President, The Senator from New Jersey stated Mr. Bowles had voted the Democratic I suggest the absence of a quorum. his position very frankly to the sub- ticket. As a matter of fact, I am of the The PRESIDING OFFICER. The committee. I shall not to try to para- opinion that he supported Al Smith in clerk will call the roll. phrase his entire statement, because I 1928, but I do not recall that he said so. The Chief Clerk proceeded to call the am certain he will make his thoughts I merely mentioned the point as a part roll. known to the Senate in the course of of his background, not that it has of it- Mr. SALTONSTALL. Mr. President, the discussion. He stated very frankly self any bearing upon his competerce to I ask unanimous consent that the order that the principal reason for his oppos- hold the position to which he has been for the quorum call be vacated, and ing the confirmation of Mr. Bowles' nom- nominated. It is part of his background, that further proceedings under the call ination was that the matter of consulta- and it was so related to the subcom- be dispensed with. tion, a matter in which, I will say in mittee. The PRESIDING OFFICER. With- all frankness and fairness, the Senator In 1942 he was State rationing admin- out objection, it is so ordered. from New Jersey has been particularly istrator for Connecticut. Later he be- Mr. SPARKMAN. Mr. President, rep- interested, was not followed in making came general manager of the Office of resenting the Committee on Foreign Re- the selection of Mr. Bowles. Price Administrator in Washington, and lations I wish to make a very brief state- The Senator from New Jersey issued a in 1943 he was appointed Price Adminis- ment on the nomination of Mr. Chester press release, a copy of which he sent to trator by President Roosevelt. In 1945 Bowles to represent the Government of every Member of the Senate, in which he he was appointed Director of Economic the United States in India and in Nepal, made a very fair and frank statement of Stabilization by President Truman. the position in Nepal being without ad- his position. He was an American delegate to the ditional compensation. As I say, the subcommittee recom- United Nations Educational and Scien- The Committee on Foreign Relations, mended to the full committee a favorable tific Organization Conference in 1946 and upon Mr Bowles' name being presented report. In doing so the subcommittee 1947. to it, passed over action on the nomi- gave a rather sketchy outline of what He was Governor of Connecticut dur- nation, because of the request of a mem- had taken place in the subcommittee, ing 1949 and 1950, during which time, so ber of the committee. The Chairman and it is very largely the substance of the I have heard it frequently said, he was of the Committee on Foreign Relations report which has been filed with the one of only a very few governors in the appointed a subcommittee, consisting of Senate. I hope every Member of the United States who balanced the budgel the Senator from Arkansas [Mr. FUL- Senate will read the report. It is very of his State. BRIGHT], the Senator from Iowa [Mr. short. At least I hope that they will He is the author of a book, Tomorrow GILLETTE], the Senator from New Jersey listen to my reading the pertinent por- Without Fear, published in 1946. [Mr. SMITH], and the Senator from tions of it. Mr. President, today there was placed Maine [Mr. BREWSTERI, with the junior First is Mr. Bowles' background. in my hand a telegram signed by George Senator from Alabama as chairman of He was born in Springfield, Mass., on D. Stoddard, president of the University the subcommittee. April 5, 1901. He graduated from Yale of Illinois, and chairman of the United The subcommittee held hearings. No .in 1924. He was married and has three States National Commission for one appeared before the subcommittee children. He was employed by the UNESCO. In connection with the item in opposition to Mr. Bowles. No one, Springfield Republican from 1924 to 1925. relating to Mr. Bowles' work with so far as I know, made any request to He established Benton & Bowles, Inc., UNESCO, I think' it is fitting that I read be allowed to testify in opposition to Mr. an advertising firm, in 1929, and was the telegram at this time: Bowles' nomination. The only wit- later chairman of the board. He was an CHAMPAIGN, ILL., October g, 1951. nesses heard were Mr. Bowles himself elector for Franklin D. Roosevelt in Sent day letter CONNALLY: and Mr. George C. McGhee, Assistant November 1940. "In Paris in 1946 Mr. Chester Bowles and Secretary of State for the Middle East It may be interesting to know that I were among the members of the United and Southeast Asia, which area States delegation to the first UNESCO con- includes he was reared as a Republican, and I ference. 1 was most favorably impressed, as India. believe the testimony before us shows was the whole delegation, by Bowles' fine Following the testimony of these wit- that he did not change his registration intellectual grasp of international issues, by nesses the subcommittee voted 3 to 2 to as a Republican until 1932. He stated his unfailing courtesy and patience, and by recommend to the full committee that that he believed, looking back upon his remarkable ability to work with others. 12842 CONGRESSIONAL RECORD-SENATE OCTOBER 9 I regard Bowles as an outstanding public budgets balanced that year, without in- One pertained to his knowledge, back- worker, gifted, devoted, and deeply aware of creasing taxes. ground, and experience in diplomatic af- the responsibilities of the United States in fairs, especially with regard to the Far the world of today. As Ambassador to India, Mr. THYE. What year was that? his broad experience in business and public Mr. SPARKMAN. Nineteen hundred and Middle East; the other pertained to administration, supported by solid traits of and forty-nine to nineteen hundred and his familiarity with and knowledge of character, would place him in the highest fifty. Frankly, I do not know whether India and the Far East. tradition of American foreign affairs. We the statement is a correct one and I do The subcommittee questioned Mr. need more men like him." not know what the States were. So far Bowles as to his views about Mr. Nehru, Best wishes. as I am concerned, the information is about technical assistance and a point 4 GEORGE D. STODDARD. hearsay, and I recognize it as such. program for India, the Indian situation Mr. BENTON. Mr. President, will the Mr. SMITH of New Jersey. Mr. Pres- in general, and what Mr. Bowles con- Senator yield at this point? ident, will the Senator from Alabama ceived his mission to be if he were ap- The PRESIDING OFFICER (Mr. yield to me? pointed. CLEMENTS in the chair). Does the Sen- Mr. SPARKMAN. I yield. Mr. Bowles' answers, especially as they ator from Alabama yield to the Senator Mr. SMITH of New Jersey. I am ad- pertained to technical assistance, raised from Connecticut? vised that the State of New Jersey, under concern in the minds of some of the Mr. SPARKMAN. I yield. Governor Driscoll, had the same expe- members relative to his concept of his Mr. BENTON. Does the Senator from rience. mission. Therefore Assistant Secretary Alabama know that in addition to having Mr. SPARKMAN. I am delighted to of State George McGhee was invited to balanced the budget of the State of Con- know that New Jersey is the second. consult with the subcommittee concern- necticut during his 2-year term of office Mr. HICKENLOOPER. Mr. President, ing the instructions under which Mr. as Governor, Governor Bowles was one will the Senator from Alabama yield to Bowles would operate. of only three Governors in the United me? Mr. McGhee stated that while it was States who achieved that distinction Mr. SPARKMAN. I am delighted to desirable that anyone going to India without raising taxes? I make that yield to the Senator from Iowa, and I should have previous experience with comment simply to add to the reference assume that now we shall hear that Iowa India, "it is highly unlikely that you the Senator from Alabama made a mo- is the third State in that group. would find such a man, even if you sought ment ago. Mr. HICKENLOOPER. Iowa was the a man in the career service." Mr. THYE. Mr. President, will the other State in that category, and let me The Department of State, in finding a Senator from Alabama yield to me for say that not only did my own State ac- successor to Loy Henderson in India, a question? complish that, but it also substantially considered a noncareer man who would Mr. SPARKMAN. I ask the Senator increased its surplus and paid most of approach the Indian problem with an from Minnesota to wait a minute, please. its soldiers' bonuses out of that surplus open mind. Of course, Mr. Henderson Let me say that I am glad the Senator during that period of time. I do not has, as we know, just been transferred from Connecticut has added the phrase know whether other States are included to Iran. "without increasing taxes," which I had in that category, but those are three. Mr. Bowles, as is customary in the case inadvertently omitted. I am delighted Mr. SPARKMAN. I am delighted to of ambassadors, will be charged with the to have him make that addition, be- have those three stated. execution of policies, not with their for- cause it is very important, particularly Mr. President, I see the Senator from mulation. in these times. Maine [Mr. BREWSTER] rising. I must ECA or its successor will administer Mr. THYE. Mr. President, will the tell him that now Maine cannot qualify. aid for India, and that administration Senator from Alabama yield? [Laughter.] will not be the primary responsibility of Mr. SPARKMAN. I yield. Mr. BREWSTER. Mr. President, I Mr. Bowles. Mr. THYE. I should like to ask the was going to inquire of the Senator from Some question has been raised as to Senator from Connecticut what States Alabama whether it would not be much whether, in view of the importance of were the ones whose governors were able better to put Mr. Bowles to work in this India in world affairs, the President to balance the State budget without in- country, as Director of the Bureau of the should have consulted with Senate lead- creasing taxes. The Senator has men- Budget, in Washington, rather than to ers prior to the nomination of Mr. tioned three. send him abroad. [Laughter.] Bowles. While the committee agrees Mr. BENTON. I wish I could name Mr. SPARKMAN. I am quite sure that prior consultation with respect to the other two. I am much better ac- that if the Senator from Maine will get appointments is desirable in certain quainted with the record of the State of behind such a move, it may be capable cases, there is clearly no constitutional Connecticut than I am with the records of accomplishment. obligation on the part of the President of the other States. Mr. President, in further reference to to do so. Mr. SPARKMAN. To judge from the Mr. Bowles, let me say that on gradua- Now we come to the committee's con- question, I would guess that Minnesota tion from college, he was considered for clusions: may have been one of the other two. appointment to China in the Foreign In considering its recommendation, the Mr. THYE. Inasmuch as the Senator Service, but was unable to leave the committee is primarily. concerned with the from Connecticut specifically stated that United States because of the illness of his vital importance of the Indian post. Realiz- Mr. Bowles was one of the three gov- father. ing the growing threat of communism in all ernors, my curiosity was In 1945, Secretary of State Byrnes in- Asia, the committee is anxious to ascertain aroused, and I that a thoroughly capable man is assigned wished to know who the other governors vited Mr. Bowles to become an Assistant .the post. were. Secretary of State, but he did not accept Mr. Bowles made an excellent impression Mr. BENTON. I shall make that because he considered it to be his duty on the subcommittee. He is able, personable, statement for the RECORD when I obtain to remain as Price Administrator. and persuasive. He should be able to fill the the information. In 1946 he was an American delegate Indian post with credit and distinction. Mr. THYE. Mr. President, will the to the UNESCO Conference. The committee recognizes that he has had Senator Mr. Trygve Lie approached him about little formal training in diplomacy; but this from Alabama permit a further will undoubtedly be offset by his native abil- question? the possibility of his accepting a post ity, enthusiasm, and personal qualities. Mr. LANGER. Mr. President, I ask with the United Nations as an Assistant The committee frankly acknowledges that for the regular order. Secretary. In 1947-48 he headed the Mr. Bowles has not visited India, but that is The PRESIDING OFFICER. The U. N. appeal for children and traveled not unprecedented. Distinctly in his favor Senator from Alabama has the floor. extensively in Europe on behalf of the is the fact that press reaction in India to Does he yield; and if so, to whom? fund. He has studied widely and has Mr. Bowles' appointment has been generally written articles on foreign relations. favorable. SMr. SPARKMAN. Mr. President, let The committee is also mindful of the fact me say to the Senator from Minnesota Now we come to the main points cov- that it is customary for the Executive to that I have frequently heard the state- ered in the hearings. make appointments to important diplomatic ment to which he has referred, namely, Two main points were raised in the posts drawing people from all walks of life. that in only three States were the subcommittee questioning of Mr. Bowles. There are many important business and pro- 1951 CONGRESSIONAL RECORD-SENATE 12843 fessional men who have teen appointed as resenting us in India, who, I believe, I believe it is important for us to re- ambassadors without any previous diplo- made a better impression on the com- member the absolute lack of opposition, matic experience. In such instances it has mittee than any other person who testi- so far as testimony before the commit- been the practice of the Senate to confirm fied on the foreign aid bill. Mr. Bowles tee is concerned, the absolute lack, ap- the appointments unless it finds moral tur- Mr. parently, of desire to testify before the the man endorsed exactly the program which pitude or gross incompetence in Holmes had laid before the committee. committee, and apparently, certainly so whom the President wishes to appoint. conditions in There is one other point, Mr. Presi- far as our mail is concerned, the lack of Given the present unsettled any great concern on the part of the the world, the committee considers it impor- dent, to which I wish to call attention, tant that Mr. Bowles be sent to his post at with reference to Mr. Bowles' idea of people of the country. the earliest possible time. It is hoped, there- what ought to be done in Asia, and in I believe, Mr. President, that under all fore, that the Senate will confirm his ap- that general area of the world. I read the circumstances the subcommittee pointment without delay. to him two paragraphs from a speech which was appointed was as objective as any subcommittee could be. I have Mr. SMITH of New Jersey. Mr. Pres- which was made to a joint session of the Congress in the early part of this year known Mr. Bowles ever since he was ident-- Price Administrator in Washington. I I yield to the Sen- by Gen. Douglas MacArthur. I have Mr. SPARKMAN. frequently quoted that portion of Gen- was serving in the House at the time. ator from New Jersey. eral MacArthur's speech, because I re- I had just as many conflicts with him as Mr. SMITH of New Jersey. I thought gard it as perhaps the best part of what various other Members of the Senate the Senator from Alabama had con- he said in recognition of what the real had. I do not think he ever yielded to me cluded his remarks. problem in Asia is today. I asked Mr. on a single point, and I have heard oth- Mr. SPARKMAN. I shall conclude Bowles to comment on that. His an- ers say the same thing. But that has with a further brief statement, Mr. swer was, "I subscribe to it wholeheart- nothing to do with my decision. I went President. edly." into the subcommittee with a completely As stated in the report, following Mr. Mr. President, I do not care to take open mind, and I think every other mem- Bowles' testimony, there was some ques- more time in discussing this nomination. ber of the subcommittee did. We tried tion in the mind of one or more members I think I have stated, briefly, I know, to listen to the testimony honestly and of the subcommittee wihi reference to but I hope rather adequately, what the to arrive at a conclusion. I know that Mr. Bowles' conception of what his job impressions were which certainly came in making up my mind I took the evi- in India would be, if his nomination was to me as an individual member of the dence which was reported to the com- confirmed. I may say that question was subcommittee, and which apparently mittee. That is all, as I see it, that we raised by the fact that India is such an came to the subcommittee as a whole, have to stand on. enormous country. For instance, there with reference to the fitness of Mr. Ches- I submit, Mr. President, that the sub- are 500,000 villages in India. There are ter Bowles to represent this Government committee was right in recommending more villages in India than there are as Ambassador to India. I simply re- to the full committee favorable action radio sets in India, if I recall the figures mind the Senate once more that not one on the nomination of Mr. Bowles, and correctly. My recollection is that there single person appeared who testified that the full committee, when it con- are 350,000 radio sets in India. It is a against him, and not one single person, sidered the nomination, was right in problem to get around over India, to certainly so far as I know, asked to be recommending to the Senate that Mr. cover the entire area, and even to get allowed to appear for the purpose of tes- Bowles' nomination be confirmed. news around over India, and to its more tifying against him. Mr. SMITH of New Jersey. Mr. Presi- or less little independencies, which are Mr. HICKENLOOPER. Mr. President, dent I regret very much that I cannot almost isolated from other areas of In- will the Senator yield for a question? vote to confirm the nomination of Mr. dia. Mr. SPARKMAN. I yield. Bowles to be Ambassador to India, and Mr. Bowles, in discussing what he Mr. HICKENLOOPER. Is my under- I desire to make a few remarks in ex- thought ought to be done in India, made standing correct, however, that the Sen- planation of my position because nor- it very clear that he believed that what- ator from Alabama received a substan- mally I would follow the line of reason- ever was done ought to be at the vil- tial number of letters of protest against ing which the distinguished Senator lage level. When the question was the appointment of Mr. Bowles? from Alabama has just enunciated in raised about the fact that there were Mr. SPARKMAN. The Senator from regard to a nomination of this kind. 500,000 villages in India, Mr. Bowles Iowa anticipated the very next thing I Let me say, in the first place, that I made a statement to the effect, that when was going to say. At the time we started have had very happy personal relations the funds under the Foreign Aid Act were hearings on Mr. Chester Bowles' nomi- with Mr. Bowles, and certainly if his decided upon, when the amount was nation, there were eight letters in the nomination is confirmed I shall do every- known and the question of allocation committee files commenting on the nom- thing in my power to assist him in the arose, he naturally was hopeful that In- ination. Most of them were very brief discharge of the responsibilities he may dia might receive as large an alloca- letters. I read them to the subcommit- have to assume. But in order to make tion as possible, considering the busi- tee at our first meeting, and as I recall, my position clear, Mr. President, I must ness of the country, the complexity of every one of them was very general in go back a little bit to a time before this its problems, and the importance of In- nature. I am not certain how many ad- nomination came to the Senate. As my dia in the world's history. ditional letters came, but I now exhibit colleagues know, I have been very much Mr. President, I merely wish to say, to Senators the entire file. Knowing, concerned for a period of 2 years over in connection with that matter, that if Mr. President, how vocal people are the situation in the world, especially the there was anything at all in all the when they actually feel that something situation in the Far East and in the hearings about which any question was is being done which ought not to be Middle East. I refer especially to China raised, it was regarding Mr. Bowles' at- done, I submit that this is a remarkable and to India. I feel, as I am sure some titude with reference to the economic- demonstration in the case of Mr. Ches- of my colleagues also feel, that we would aid program, the technical-assistance ter Bowles. The file which I hold in my have avoided a good many pitfalls in program. But I recall to the minds of hand is the entire committee file. China in the development of policies, Senators the fact that what Mr. Bowles Mr. President, in all fairness, I desire especially cince the close of the war in recommended was exactly what the Sen- to say that I have received some letters, that area, had there been wholehearted ator from Arkansas [Mr. PULBRIGHT] many of which will duplicate the letters cooperation between both sides of the argued for in our hearings on the for- which came to the committee, though aisle, and full cooperation with the For- eign-aid bill, exactly the program which some of them are not duplicates. eign Relations Committee of the United the Senate committee adopted, and ex- Mr. President, I am also pleased to States Senate. actly what was finally adopted in the exhibit to Senators my file, consisting of The late Senator Vandenberg, who program as a whole, whereby we retained letters both of disapproval and of ap- was a tower of strength in the develop- point 4 exactly as it is now, headed by proval. I dare say that half of them are ment of our policies in Western Europe Dr. Bennett, who made a very fine im- for approval, and of the other half I dare under the Marshall plan, the Atlantic pression upon our committee, with Mr. say three-fourths of them are duplicates Pact, and so forth, constantly felt that Holmes, the point 4 program man rep- of what are in the committee file. we were at fault in neglecting to apply 12844 CONGRESSIONAL RECORD-SENATE OCTOBER 9 to other areas of the world the pro- think my colleagues will agree that the The President can send his appoint- grams we adopted for Western Europe, President would have been very wise to ments to the Senate any time he may even though the issues in other areas take the Foreign Relations Committee wish. If a western European country were critical and we were not asked for into his confidence, along with the Sec- were involved, if he had nominated Mr. our advice. retary of State, and especially for him to Bowles, for instance, to a post in Bel- Mr. McMAHON. Mr. President, will have taken into his confidence the sub- gium, which understands our civilization the Senator yield? committee which was working constantly as we understand hers, I do not think Mr. SMITH of New Jersey. If the on the issues involved. we would have raised any objection; but Senator will wait a minute, I prefer to Mr. SPARKMAN. Mr. President, will to send him to India, which is one of the finish my statement before yielding. the Senator yield? danger spots of the world, it seems to me I desire to point out to the Senate, if Mr. SMITH of New Jersey. I prefer is something which we Senators should I may, that about a year ago, when the to finish my statement, if I may, before explore and see if we cannot take a question of a Japanese peace treaty yielding. stand with reference to doing things arose, it concerned all of us, especially It seems to me this is an outstanding in the proper way when critical subjects the members of the Foreign Relations instance of how a bipartisan foreign have to be considered. Committee and the President of the policy could be applied. I know that As I have said, today Asia is one of United States, in my opinion, very wisely many of my colleagues on this side of the danger spots of the world. I submit appointed a Republican to conduct the the aisle do not believe there is any that the matter has not been handled in negotiations in order to bring into the such principle, but I have been trying a way to do justice to the Senate of the situation not only a bipartisan approach, to defend that principle since the late United States or to the administration but an all-American approach, and to Senator Vandenberg worked so hard for in getting the best possible representa- prevent politics entering into the ques- it, and I admired so much his approach tive of the United States in India. tion. to it. We should tale the same ap- I do not wish to labor the point fur- Mr. Dulles immediately conferred with proach, no doubt, and say, "Let us stand ther. I merely express my own convic- the Foreign Relations Committee. He together and let us see who is the best tion why it is necessary, greatly to my leaned over backward to confer with his man for this position." Instead of that, regret, for me to oppose the nomination former colleagues on this side of the of Chester Bowles. we have had suggested to us the name The PRESIDING OFFICER. The aisle. We in the Foreign Relations we all like, a man who of a man whom the Senate advise and Committee, on our part, realizing that has been successful in his business, which question is, will certain problems would arise, constantly consent to the nomination of Chester is that of advertising. But there is a Bowles to be Ambassador to India? tried to be prepared to deal with them question whether an advertising ex- as they affected various areas of the Several Senators asked for the yeas pert is the best man for the position of and nays, and they were ordered. world with some intelligence. We or- Ambassador to India. ganized subcommittees to cover different Mr. McMAHON. Mr. President, it is Mr. Bowles had a hard time when he with no expectation that I shall change areas. I happen to be a member of the was head of the OPA. He did have ex- subcommittee on the Far East. My col- the minds of Senators that I now rise perience as Governor of the State of to say a few words to the Senate and to league, the Senator from Maine [Mr. Connecticut, though there were differ- BREWSTERI is familiar with what con- give testimony to the worth of a man ences of opinion there with regard to his who has demonstrated by his public fronted us. We had been very greatly qualities. But he has had no experience disturbed about eastern relations. The service, by his life and character, by his whatever in foreign affairs. He has had integrity, and his devotion to duty, that Indian and Chinese picture required in- no contact whatever with the Middle tensive thought and study, and, in my he is of such stature and ability as to East. He admitted that he had never bring satisfaction to the minds and case, a trip in order to enable me to been to the Far East. Neither one of study what was being done. It is a hearts of those who have tried to judge those areas has ever been visited by Mr. him and his work. subject which, in these critical times, Bowles. should be approached only by those who Chester Bowles has been a success in know something about the conditions. There is a difference of opinion about the business world. He was a success as My colleagues will bear me out in the his philosophy. I am not in accord with Administrator of the OPA. He made a statement that in the case of the Japa- his social and political philosophies, and great many enemies. He was engaged in nese peace treaty Mr. Dulles met con- I feel that he would not reprpesent the the kind of work that makes enemies. stantly with the Far Eastern Subcom- America in which I believe. That is But the fact remains that the line was mittee, and discussed the issues before what ani Ambassador has to do. pretty well held. In the greatest conflict us in regard to the peace treaty step by I submit, Mr. President, there should in history we succeeded in banking the step. We participated in the plans and be someone going to India as our Am- fires of inflation, and it was not until the contacts with other countries. We bassador who has been there before, who after the close of the conflict that, in the discussed the subject back and forth, has studied conditions there, who opinion of some of us, the drafts were and when the time came for the peace knows the oriental mind, who has a opened up and the fires of inflation were treaty to be sent to other nations for knowledge from first-hand observation fed, with the results that we now know. approval, before we went to San Fran- and not from merely reading books. After that he became Governor of my cisco, we had the feeling that in Wash- Without any reflection at all on Mr. beloved State. He was elected in a hard ington we had stood together and could Bowles, whose -haracter is of the best, campaign in 1948, rather unexpectedly support it. When the delegates went to he has not been appointed in the way in elected, by a small plurality. I believe San Francisco there never was a better which he should have been appointed if that history will demonstrate that he demonstration of an all-American bi- w hehope to make a success in this par- was a great Governor. He was on the partisan approach, without any sug- ticular situation. job continuously. He had a bright and gestion of politics. It has been stated that the newspapers live and wide-awake administration. No We had an excellent subcommittee, in India have been favorable to Mr. scandal touched the administration of and the whole committee was prepared Bowles. Why should he not receive some the States' affairs. Many programs of to work, and yet the whole committee favorable clippings? It seems inconceiv- public improvement were brought into was ignored in regard to the choice of an able that they would attack him before being, notably a great housing program. Ambassador to India, and we were his nomination has been confirmed. As has already been mentioned, the simply sent the name of someone to be But I am not discussing that point, Mr. State's budget was balanced and there the Ambassador, without our having been President. The only point I am making was no increase in taxes. Thereby hangs consulted in any way with regard to the is that the Senate must make up its mind a little tale that perhaps it would be well issue, and as to who might be the most whether it feels (a) that the nomination for me to tell. effective person to place in the position. was made in the manner in which it In the campaign of 1950, in which I So, Mr. President, my first point in should have been, and (b) whether under had the honor to run on the same ticket this connection is that I object to the the circumstances the man is qualified with ex-Governor Bowles, a vigorous nomination of Chester Bowles because to take the post'when we have so little campaign was made on the ground that of the way in which it was made. I knowledge of his ability. we had run into the red about $7,000,000, 1951 CON GRESSIONAL RECORD-SENNATE 12845 as I recollect, and this fact was attested Mr. SPARKMAN. Mr. President, will proaching major proportions, that has to by the Treasurer of the State, who, I the Senator yield? not been placed before the Foreign Re- hardly need add, was not running on the Mr. McMAHON. I yield. lations Committee. If that fact needs same ticket as the governor or myself. Mr. SPARKMAN. In order to make to be demonstrated, I invite any Sen- The truth or falsity of that assertion- the statement definite, I wish to say that ator to look at the executive hearings and Governor Bowles kept protesting Hon. Frederic M. Sackett, of Kentucky, before our committee. that it was not so-could not be definitely was named by President Hoover to be I do not know what we could have ascertained until after his term of office Ambassador to on January 9, done about China. I do not know what expired, namely, on July 1. Although I 1930. we could have done to have changed have not personally seen the figures, I am Mr. McMAHON. I thank the Senator. the situation, other than a full-scale told that they showed a nice balance. Of course, it is a very strange doctine participation in the civil war which went But that undoubtedly did have an effect indeed that the Senator from New Jer- on there. Perhaps we should have done in the campaign. sey wishes to invoke that the Foreign it. I heard no cries raised in this body There is one thing I do not want to Relations Committee, yes even a portion for expeditions into the interior of China. do, and that is try that 1950 campaign of the Foreign Relations Committee, Mr. President, if I were to digress on over again, although I have been asked should be called in by the President of this subject I should be talking for a by some of my colleagues, "How was it the United States to advise with him very long time indeed. Perhaps we had that the Democratic governor was de- about whom he should nominate as am- better save this question for a full-scale feated and the two Democratic Senators bassadors abroad. Frankly that is a debate some day in this body, until we were elected?" The Governor fought a new doctrine to me. I knew that it was try out, as best we can on a suitable hard campaign, and he fought it well. customary, and indeed invariably the issue, the question of where the body is And shall I say that the kind of campaign case, for a President of the United States buried, so far as our far eastern policy that was waged against him in the State to consult with the Senators from the is concerned. of Connecticut is one that I do not think State from which a man is nominated. I do not believe that Mr. Bowles has either I or the people of the State now If he does not do so, if he chooses to very much to do with that question. He inquest on. There is ignore that time-honored custom of this was not in the State Department at the want to hold an honored no use in raking up the kind of cam- body, then things happen, such time. He was not a Member of the Sen- that was made against him, but in as happened here earlier today in the ate during the Eightieth or Eighty-first paign case of the two judges some respects it was a shameful one. from Illinois whose Congress, which had the responsibility so nominations were rejected by the Senate. far as the legislature is concerned, for Mr. CHAVEZ. Mr. President, I wonder No; will I do not think that is a custom, what happened in China. The responsi- if my colleague from Connecticut tradition, or a philosophy me briefly? that Senators bility cannot be very well laid at his door. yield to on the other side of the aisle wish to Mr. McMAHON. I yield. We had our defeats, from which certain nurture and bring into full fruition, as people would like to divorce themselves Mr. CHAVEZ. Of course, the State they look with great hopes to taking of Connecticut had the right to make and remain married only to the victories. over the executive department, hopes No; Mr. Bowles was at that time the its own decision as to whom to elect which I dare say will be frustrated by to the Senate and whom to elect as OPA Administrator or Governor of the the people of the United States, for I State of Connecticut. Governor. I do not believe, however, think it might be found embarrassing it is quite fair to think that Mr. Bowles Mr. President, I close by referring in some far distant day were they now very briefly to what the principal Re- should be punished because he lost. If to try to fasten it onto the Senate. we are to be consistent, we should be publican newspapers of my State have Mr. SMITH of New Jersey. Mr. Pres- said about this nomination. They trying to use American personnel in ident, will the Senator yield? order to carry on our philosophy. If I fought Mr. Bowle's intensely and vigor- Mr. McMAHON. In a moment. I ously in the campaign of 1950. But, recollect correctly, the people of New know of no consultation that took place York turned down Mr. Dulles exactly as as is customary when campaigns are with the members of the Foreign Rela- finished and men take a cooler and more the people of Connecticut turned down tions Committee in regard to Mr. Gifford Mr. Bowle*. The good Senator from New dispassionate view of personalities and when he was appointed Ambassador to issues, when their judgments are not York [Mr. LEHMAN] in an American Great Britain. political battle conducted according to colored with competition and rivalry for There is just one other thing to which the possession of office, we are more likely the rules of the game, as we understand I desire to refer; and I wish that I did it, defeated Mr. Dulles. Nevertheless, to get balanced judgments and opinions not have to refer to it in this debate, on the worth of policies and public men. we are all proud of the fact that this because I wish neither to prolong the country can use a defeated candidate's The Senator from Alabama has called debate nor to drag in extraneous issues, my attention to the fact that on pages talents ih order to advance American Again we have had on the floor of institutions; and that is exactly how I 26, 27, and 28 of the hearings are printed the Senate a claim that the foreign editorials from the Hartford Courant, feel about Mr. Bowled. policy of the United States, so far as Mr. McMAHON. I thank the Sen- from the Hartford Times, which is not the Middle East and Far East are con- a Republican newspaper, but an inde- ator frolin New Mexico very much. I cerned, was conceived in silence, per- think he makes the point very well. pendent newspaper with Democratic petuated in party caucus, and kept secret leanings, and two editorials from the I have tlh highest regard for Mr. Dulles' from the minority party, and particu- achievement. I was glad to hear Bridgeport Post, which is a Republican the larly the minority Members of the Sen- newspaper. I quote from the editorial Senator from New Jersey pay testimony ate. I say that there is no more demon- to the Japanese peace treaty, and un- from the Courant, the oldest newspaper strable error in the history of our times of daily publication in the United States, doubtedly he had in mind the great part than that. During the 2 years from the defeated candidate for the Senate as Senators know. I have disagreed at 1947 to 1949, under the chairmanship times with its editorial page, but so far in New York played in bringing about of the late great Arthur Vandenberg- that treaty. I do not doubt that there as I am concerned it is a newspaper and he was my friend-and under the which is published and edited by gentle- have been Senators who have been de- domination of the Republican majority feated far reelection and then given men. I would to God that we had all over in the Senate, the China policy was the United States the same high stand- diplomatic posts with reference to whom written on the floor of the Senate, so there was no suggestion made that be- ards of newspaper ethics as are exemlli- far as the legislature was concerned. fled by the Hartford Courant and the cause of their defeat they were unworthy As a member of the Foreign Relations of executive appointment. Bridgeport Post, both of which occa- Committee I can testify that from 1947 sionally give me a spanking. I have in mind, for instance, Senator to this very good date there has not What does the Courant say?- Sackett, of Kentucky, who was named been any step taken in the foreign pol- Mr. Bowles is a highly intelligent man, by Mr. Hoover-possibly Mr. Coolidge- icy of the United States with regard to with imagination, psychological insight and as our Ambassador to Germany. He the Far East, or with regard to any- an acute sense of social responsibility. In served with honor and distinction. thing which could be regarded as ap- India he will see a country that is badly off, 12846 CONGRESSIONAL RECORD-SENATE OCTOBER 9 not only because it is poor but also because who have been raised in the career diplo- started off very well, but before he was it is shackled by customs a:d superstitions matic service? I think recent that continually accentuate that poverty. events, through he had antagonized practically The soil of the country, for instance, grows such as the selection of men like Paul every member of the committee. He worse each year because much of the natural IIoffman, a great member of the Re- adopted the theory of a controlled and fertilizer is burned for fuel. Though on the publican Party, have demonstrated that planned economy. By the time he got verge of starvation, the people do not from among our businessmen we can through his administration of OPA was slaughter cattle for food. These are some of select men who have broad knowledge, practically universally despised by the many customs that run counter to what the and who, given an assigned task, handle people of the country. occidental considers good sense. it with great distinction. In view of So far as his experience in business is There will be a great deal in India to draw Mr. Bowles' experience, first in on the humane instincts of both the Ambas- business concerned, he was an advertising man, sador and Mrs. Bowles. Both are in a posi- and later as Administrator of the tough- and I do not think that gives him any tion to help the distressed masses there, and est problem ever handed a Federal ad- qualification whatever to be Ambassador doubtless both are aware of the challenge ministrator, that of the OPA in World to i:ndia, which today is one of the most implicit in this appointment. They will War II, and in view of his service as Gov- crucial spots in the entire world. bring support to Prime Minister Nehru in his ernor of the great State of Connecticut, In the second place, it is stated that work of uplift and reform, opposed by the I believe there has been ample demon- he is a man of experience because he social reactionaries of that fabulous land. stration that he has had adequate ex- was Governor of Connecticut. The peo- Incidentally, let me say a word about perience to enable him to succeed in ple of Connecticut did not think he made the wife of the Ambassador. Popularly the tough assignment of being Ambas- a very good Governor, because they re- known in our State as Steb Bowles, she sador to India. fused to continue him as Governor. That is a gracious lady, a fine mother, and Mr. McMAHON. I certainly think is not experience upon which to base a one of the most charming persons it that the answer to the question and the man's qualification for Ambassador to has been my pleasure to meet. She will suggestion of the Senator from Okla- India. He was defeated in Connecticut be of very great help to the Ambassador homa [Mr. MONRONEY] must be in the when our distinguished colleagues, both in the task which he is about to under- affirmative. I do not believe we wish to of them Democratic Senators, were take. promote the idea that only in the pro- elected, at the same time that the people Mr. AIKEN. Mr. President, will the- fessional Foreign Service are to be found of Connecticut rejected Mr. Bowles as Senator yield? candidates for future ambassadorial Governor because of his theories of gov- Mr. McMAHON. I yield. posts. Frankly, Mr. President, if I were ernment, which were contrary to what Mr. AIKEN. I noticed that the Sena- to try to imagine a man who was better the people of Connecticut believed in. tor referred to the Bridgeport Post as suited to occupy the post of Ambassador Mr. McMAHON and Mr. CHAVEZ ad- being a Republican newspaper. How to India it would be hard for me to dressed the Chair. long has that situation prevailed? think of a better candidate than Mr. The PRESIDING OFFICER. Does Mr. McMAHON. Too long, O Lord, Chester Bowles. I mean that from the the Senator from Ohio yield; if so, to too long. bottom of my heart. Some Senators whom? Mr. AIKEN. As I recall, a very fine, may be right in their contrary views, or Mr. TAFT. I yield first to the Sena- lovable, white-haired old gentleman perhaps they may be wrong. However, tor from Connecticut. I believe he was named McGovern used to operate that in the great poverty stricken country on his feet first. newspaper. I always regarded him as of India, a land which is intensely na- Mr. McMAHON. Of course, I know quite an ardent member of the anti- tionalistic and in which new and serious that the Senator from Ohio has an inti- Republican Party of Connecticut. I was problems are arising, problems which mate knowledge of what goes on politi- wondering when the change took place. we wish to try to help them solve, it cally in every State in the Union. He Mr. McMAHON Jim McGovern is seems to me that we want a man who keeps up with what.goes on in the coun- one of the grand old men of our State. has a capacity for a fresh approach, who try on a day-to-day basis. I honor him Mr. AIKEN. He was a good friend has warm human instinct, who is intelli- for his assiduous devotion to his duty. of mine, and I thought a great deal of gent, and who has demonstrated his Mr. TAFT. Mr. President, I yielded him, but I wondered if he had turned capacity for hard work. It would seem to the Senator from Connecticut for a Republican. to me that on all grounds and specifica- question, not for praise. I thought he Mr. McMAHON. No. Jim McGovern, tions Mr. Chester Bowles fits the picture came to bury Caesar, not to praise him. the grand old man of our State, and better than anyone else innpublic life. Mr. McMAHON. That was my answer president of the Associated Press in the I hope the Senate will confirm the to the Senator from Ohio, because the State for many years, is still alive. He nomination of Mr. Bowles by an over- Senator from Ohio implied a compli- is getting well along in years. He was whelming vote. ment to the Senators from Connecti- the editor and publisher of the Bridge- Mr. MONRONEY. Mr. President, will cut-and I will take a bow for my col- port Star, which was taken over by the the Senator from Connecticut yield? league-by pointing out that we had Bridgeport Post and the Bridgeport Mr. McMAHON. Yes. won in the election. I am sure it was Telegram, which are owned and pub- Mr. MONRONEY. I referred to Hon. no reflection on the great Senator from lished by Republicans. Mr. McGovern Paul Hoffman, and the outstanding job Ohio that, while in the last election he is still with the paper in a less active he has done. I am informed that he is carried the State of Ohio by an over- capacity than formerly. He acts in enthusiastically in favor of the selection whelming vote, in 1944 he came within somewhat of an advisory capacity. I of Mr. Bowles as Ambassador to India. I 3,000 votes of being defeated. think it will delight my friend and the believe the judgment of Mr. Hoffman is Mr. TAFT. Mr. President, I yield to Senator's friend to know that he has had reliable because of the outstanding corps the Senator from New Mexico. this tribute paid to him by the Senator of men he has caused to be associated Mr. CHAVEZ. I wish to ask a fair from Vermont. with him in the organization of ECA and question, because I disagree with the Mr. AIKEN. I certainly had a very their accomplishments. I feel that the Senator's statement that the fact that high regard for Mr. McGovern, and I Senate would be making a grave mistake Mr. Bowles was defeated for the govern- am glad to have the explanation as to in failing to take advantage of the op- orship of Connecticut automatically dis- how the Bridgeport Post came to be portunity to confirm the nomination of qualifies him as Ambassador to India. Republican. Mr. Bowles. Mr. TAFT. I said that the fact that Mr. MONRONEY. Mr. President, will Mr. McMAHON. I thank the Senator. he had been Governor of Connecticut the Senator yield? Mr. TAFT. Mr. President, I cannot had been urged as a reason why he was Mr. McMAAON. I yield. think of anyone who is less qualified to qualified to be Ambassador to India. I Mr. MONRONEY. I ask the distin- be Ambassador to India than Chester said it was no justification for such a guished Senator from Connecticut if it Bowles. I know him well. I have some qualification. would not be an oversimplification if the respect for his ability in some lines. I Mr. CHAVEZ. No. United States Senate were to insist on first met him when he came before the Mr. TAFT. I do not say that fact the appointment to the so-called tough Committee on Banking and Currency alone disqualifies him. diplomatic spots or other tough spots in with respect to the OPA. I was very Mr. CHAVEZ. No; it was just an in- handling our foreign affairs, only of men favorably impressed with him, and he dication. Is there as much justification 1951 CONGRESSIONAL RECORD-SENATE 12817 for sending Mr. Bowles to India as our Mr. Nehru can be very dangerous, be- Mr. SPARKMAN. I have sent. for an Ambassador as there was for sending cause when the policy is finally rejected official transcript of the testimony, and Mr. Dulles to negotiate with Japan a by Congress or cut down it will only an- I shall be pleased to rest on it treaty of peace, notwithstanding the fact tagonize the Government of India and Mr. THYE. Mr. President- that Mr. Dulles also was defeated by the delude them into believing that in some Mr. TAFT. I yield further to the people of his State? way we are prejudiced against them Senator from Minnesota. Mr. TAFT. Mr. Dulles has had long because we do not give them as much Mr. THYE. I will state to the Sen- diplomatic experience. He has had ex- money as they want. ator from Alabama what Mr. Stassen perience in the diplomatic field ever since Mr. SPARKMAN. Mr. President, I am said. Mr. Stassen said that the admin- his early youth. I believe his grand- sure that if the Senator from Ohio would istration had been slow in making avail- father was Secretary of State in the read the first sentence he would see that able wheat to India; he said that the Cleveland Cabinet. He has studied the Mr. Bowles was talking about money administration had dragged its feet for whole question of our foreign policy. I which Congress was in the process of au- about 15 months when there was dire do not believe the two are in any way thorizing. However, I wish to ask the need for the wheat because there was comparable. Senator from Ohio whether he is aware starvation in India. That was the tes- Mr. CHAVEZ. Let me see if I can find of the fact that only yesterday the ad- timony given by Mr. Stassen. one that may be comparable. ministration was severely taken to task He may have told the Senator from Mr. TAFT. I have no doubt that the because of its miserly conduct toward Alabama something about the Marshall Senator from New Mexico can find an India by a very distinguished gentleman plan, after 3:30 in the afternoon; but equally unqualified ambassador in this in the Republican Party, Mr. Harold prior to 3:30 in the afternoon, Mr. Stas- administration. Stassen. sen was only speaking about the fact Mr. CHAVEZ. The people of Ken- Mr. THYE. Mr. President, will the that this administration had dragged its tucky, rightly or wrongly, defeated for- Senator yield? feet in regard to the wheat loan. mer Senator John Sherman Cooper as Mr. TAFT. I yield to the Senator Mr. Stassen did say that there was Senator from Kentucky. I do not be- from Minnesota. need for technical aid to India because lieve the fact that the people of Ken- Mr. THYE. May I ask the Senator India has a vast amount of land which tucky decided in a political campaign from Alabama what Mr. Stassen criti- can be well irrigated because there are not to return Mr. Cooper as a Senator c:zed? Will the Senator state the spe- ample water resources there; but Mr. disqualified him from being a servant of cific thing Mr. Stassen criticized? Stassen was not critical of the admin- the United States in international af- Mr. SPARKMAN. Yes; he said this istration because it had not put forth a fairs. He had not had any experience, country had been miserly-I am not sure Marshall plan for India. either. he used that exact word-in the amount I hope the Senator from Alabama will Mr. TAFT. Former Senator Cooper of money it had provided for India and read the record of the testimony, in or- served on various boards and commis- for Asia; and, as a matter of fact, he said der that he may be positive in what he sions. He was not appointed out of a we had been derelict because we had not says on the floor of the Senate. clear sky, before he had had any diplo- set up a Marshall plan for that area. Mr. SPARKMAN. Mr. President-- matic experience, as Ambassador to the Mr. THYE. Mr. President- Mr. TAFT. Mr. President, I yield most important post probably in the en- Mr. TAFT. Mr. President, I yield fur- once more; but I should like to conclude tire world. In any event, I am not claim- ther to the Senator from Minnesota. my statement, and then the Senators ing that the mere fact that Mr. Bowles Mr. THYE. I should like to ask can have their own debate. was defeated in Connecticut disqualifies whether the statement to which the Sen- Mr. SPARKMAN. I wonder whether him to be Ambassador to India. What I ator from Alabama refers was given by I may reply to the last statement made said was that it was no argument in his Mr. Stassen in reply to questions which by the Senator from Minnesota, and favor. The fact that he was governor the Senator from Alabama asked of Mr. then I shall not ask the Senator from of Connecticut does not indicate that he Stassen. Ohio to yield further. is qualified to be Ambassador to India. Mr. SPARKMAN. No, it was given in Mr. TAFT. I yield. That was the argument made by the dis- his direct statement; and then the mem- Mr. SPARKMAN. My very good tinguished Senator from Connecticut bers of the subcommittee queried Mr. friend, the Senator from Minnesota- [Mr. McMAHoN], as I understand. Stassen in regard to what he meant. and he is my good friend, and I admire Of course, Mr. Bowles has had no Mr. THYE. Was that statement made him greatly-admits he left the hear- experience as a diplomat with a big "D." ing at 3:30 in the afternoon. I think in the afternoon, after 3:30 p. m.? it was at 7:30 yesterday evening when I He has never had anything to do with Mr. SPARKMAN. I do not know at our foreign policy. In the second place, left there; at least, it was well along in what time the statement was made. I the day. he is not a diplomatic man. I have had was there from 10 a. m. until 7:30 last a great deal of experience with him in I am perfectly willing to stand on the that respect. There is no reason to night, with Mr. Stassen. I could not official transcript. think that he would act diplomatically tell the Senator the particular minute I know Mr. Stassen said what I have in the sense in which we try to maintain when Mr. Stassen made any particular stated he said. our relations with a foreign country. In statement. However, he devoted a great Furthermore, with reference to the short, as I have stated, he has adopted part of his prepared statement to India sending of grain to India, and speak- the almost complete collectivist policy. and to an attaz'c on the administration ing of one's mind playing tricks, either He is in favor of spending money. I be- for its miserly conduct toward India. his memory played him a trick or else lieve that one of the most dangerous In response to questions, he specifical- he simply did not come out with the places to send a man who is in favor of ly pointed out that we had provided a facts, if they were in his possession. I passing out money is India, because their Marshall plan for Europe, and he felt challenged him on his statement at the whole view is that we should give them that we were derelict in our duty in not time; and he told me, as I recall, that it the world. That is Mr. Bowles' philoso- providing a Marshall plan for India. was not until December 1950 or Janu- phy. Before the committee he stated: Mr. THYE. I would suggest that the ary 1951 that Madam Pandit first made I hope that the committees will do every- Senator from Alabama read the testi- the official request for grain for India. thing they can do in allocating the money, mony, because it is obvious to me that I find that it was in December 1950; and to see that we get as much as we can out his mind has played tricks on him, rela- instead of 15 months elapsing, the Pres- there. That is the thing that you are work.. tive to the testimony given yesterday, ident, in a special message to Congress ing on now. It is a big country, and what- because I was at the committee hearing on February 2, 1951, urgently asked that ever we have won't be enough. It never is, until 3:30 p. m. yesterday, and that is Congress give early approval to the re- of course. why I asked the Senator from Alabama quest of India for grain. In other words, a part of his general at what time Mr. Stassen made the Mr. President, that is the record, and philosophy is passing out American statement to which the Senator from I submit it to any fair-minded person. money, not only in India, but throughout Alabama has referred. Mr. TAFT. Mr. President, my im- the entire world. No other promise can I will state to the Senator from Ala- pression is that Mr. Nehru asked for the be so dangerous, and any such leaning on bama what Mr. Stassen said. wheat when he was in the United States, 12848 CONGRESSIONAL RECORD-SENATE OCTOBER 9 which was nearly a year before 1950. believe Mr. Bowles to be, within the other spots. But, Mr. President, every However, I do not purport to know the length and breadth of his particular Senator who has spoken this afternoon, details of that subject. philosophy, a completely honest man. either for or against Mr. Bowles, has I merely wish to conclude what I have Mr. Bowles has considerable compe- admitted that at this time southeast to say regarding this nomination. tence in the advertising field, and he has Asia is a very sensitive and a very diffi- Mr. SPARKMAN. Mr. President, I considerable competence in the bureau- cult area. Some have even added the wonder whether the Senator from Ohio cratic field in government, in that he has statement, which may be very appropri- will yield again to me, long enough to been able to secure, after making a sub- ate, that it is a sick area of the world permit me to answer on the last point. stantial amount of money in private life, today; and very sick indeed in some sec- Mr. TAFT. Yes, I yield. various appointments in the nature of tions. Mr. SPARKMAN. In October 1949, preferential positions in the bureaucracy Mr. President, I call attention to the Mr. Nehru was in the United States. He which has been built up. So he has a fact that if one has a very sick child or had conversations with our proper offi- certain competence which is not to be a very sick relative, he sends for a cials, including the President, with ref- denied, and for which I credit him. trained, experienced physician to treat erence to certain trade agreements, in- By the same token, the fact that I the sick child or relative; he does not cluding the purchasing of grain, not for think Mr. Bowles believes in government send for the Fuller-brush man. the purpose of relieving famine, but to management philosophies, as against I believe India is one of the most sen- build up a stockpile, the only difference what I believe to be the genuine, proper sitive spots in the world so far as the being that he wanted the grain at a theory of government, namely, the self- balance of political governments in the price less than the prevailing market responsibility theory and the individual next few years is concerned. I believe price; in other words, he wanted it on responsibility theory, and not the fact India is indeed an acutely sensitive spot. a subsidized basis, but we told him that that Mr. Bowles happens to belong to a I think we had better send a trained we could not furnish it to him on that political party which is different from physician there to represent our school basis. the one to which I belong, could consti- of therapeutics, if you please, Mr. Presi- However, no request was made for tute a reason why I would oppose con- dent, rather than the Fuller-brush man grain to relieve famine, until Madam firmation of his nomination to be a to sell them gadgets; and by selling gad- Pandit made an official request in De- diplomatic official in some sections of gets I mean, selling a bill of goods based cember 1950. the world. upon increasing American bounty and Mr. TAFT. Mr. President, to sum- Mr. President, we have all sat here dollar diplomacy rather than selling marize, I only wish to say that we have during our terms in the Senate and voted ideas and affording guidance along the the responsibility of determining to confirm nominees or raised no objec- way of enterprise and self-responsibility whether a man is qualified for the posi- tion to men appointed by the President among the people of India, which I tion to which he may be nominated. of the United States to high office, in think is the only formula by which we I see no qualifications on the part of spite of the fact that, in most instances, can help people to lift themselves from Mr. Bowles. I see nothing in his busi- had some of us had the power to appoint either degradation or poverty up to re- ness experience to show such qualifica- or the power to designate, we would sponsibility. tions; I see nothing in his experience as never have designated them to the posi- The Senator from Ohio quoted from Governor of Connecticut to show such tions for which they were chosen. If the record of the subcommittee, and I qualifications. Certainly I see no diplo- disagreement in politics were the sole call attention to some very significant matic experience on this part; certainly and only reason for opposing a Presi- language in the testimony. The sub- I see nothing in his character, so far as dential appointment, of course, practi- committee was courteous to me in invit- I can tell, which can be pointed to as cally no appointees of a partisan Presi- ing me to attend the hearings, and I proof that he possibly would be a good dent would ever be voted for by the op- appreciate it. I attended for a limited diplomat in one of the key positions of posite party. That is not the case, Mr. time when Mr. Bowles was testifying. the world. President. I have voted for and ap- During that time he used the following Finally, Mr. President, it seems to me proved the nominations of countless in- language in connection with his idea of that Mr. Bowles' general philosophy is dividual who do not belong to my politi- how we should undertake in the 500,000 that of a man whom we should not send cal party, on the theory that I had no villages and among the 375,000,000 peo- to India at this time-a man who has specific reasons for opposing them for ple of India to lift them up. Among his general philosophy of spending and the particular positions for which they other things, he said: of a general, planned economy. I do not were selected, and I felt that I should I hope that the committees will do every- think such a man will be the proper one go along with them. As a Member of thing they can do in allocating the money, to combat the possible spread of com- the Senate I feel that I should oppose to see that we get as much as we can out munism in India. I do not think he is a nominee only when I believe the best there. That Is the thing that you are work- a man who will really picture to Mr. interests of the country will be served ing on now. Nehru the true attitude of the American if his nomination is not confirmed. That statement, together with some people. We are all familiar with the argument of his other statements, all taken to- So, Mr. President, it seems to me that that the President has the power to ap- gether, led me to a definite impression we have the responsibility of rejecting point and that he has a constitutional about his attitude. So, after that, when the nomination of a man who is brought responsibility in a constitutional field. the chairman asked me whether I had into this situation without any qualifica- Of course he has the constitutional re- any comments or any questions to raise, tions, and is nominated to hold one of sponsibility first to nominate-not to I said this to Mr. Bowles, among other the key positions in the world today. appoint, but to nominate. Then, by and Mr. HICKENLOOPER. Mr. President, with the advice and consent of the Sen- things: I am one of those who have opposed, Frankly, I have been disturbed over the ate, he may thereafter appoint; and that period of the past several years with the and who now oppose, giving the consent places the Senate in a position of at least avidity with which this country is pouring of the Senate to the appointment of Mr. equal responsibility in passing upon or out our money in other countries in an at- Bowles as Ambassador to India. approving nominations of citizens for tempt to have them spring full-blown into In the first place, I wish to clear away high offices. economic self-suffciency overnight, when any question about moral turpitude or The Senator from New Jersey [Mr. they. have gone for thousands of years with personal gross incompetence. Those SMITH] a moment ago said he might an organized society and haven't made prog- two things are completely out of the pic- weil approve, as far as his responsibil- ress under their own power. ture, so far as I am concerned. Not only, ity was concerned, the appointment of In interpreting what I believed to be do I not know of any moral turpitude on Mr. Bowles to some other position in his position, I further said to Mr. Bowles: the part of Mr. Bowles, but I believe him the world where conditions were differ- Now, frankly, I disagree with your phil- to be, within the limitations of his par- ent and where the sensitivity of the sit-' osophy of our American Ambassador going ticular economic and social philosophies, uation was not so acute. I might find out to India with the idea of getting as much a completely moral man in keeping with myself in a position of that kind, so far American money as we can to spend around his belief. I raise no point about that; I as Mr. Bowles is concerned, in regard to over India on point 4, simply because they CONGRESSIONAL RECORD-SENATE 12849 have 350,000,000 people there, in 500,000 vil- country in connection with the United line, because I understand he is a wealthy lages. Nations and elsewhere, and who might man. In that statement, Mr. President, I was have been able to furnish an excellent I will say to the Senator from Ver- trying to interpret to Mr. Bowles and representation to India and to help in- mont, since he has raised the question of make perfectly clear in the hearings that terpret this country to India and India to political appointees, that I am thor- I thought he was going forth to India on this country. oughly convinced that the appointment a money-spending expedition. Mr. Mr. HICKENLOOPER. Dr. Ralph of Mr. Bowles had politics at its base. It Bowles had to catch a train that after- Bunche is a great and eminent American was a political reward to a supporter of noon. There were several pages of dis- of great ability. He undoubtedly has the administration, and it was not made cussion after that, but Mr. Bowles at great capacity to discharge the duties of because of any diplomatic ability which no time contradicted the interpretation any office which he undertakes. I hope he possesses. I stated to him of his attitude as to what the Senator from California will pardon Mr. AIKEN. I was just wondering he should do as American Ambassador me if I say I would rather not refer to about that. The statement was that he to India. any particular individual as the one who was appointed for political purposes. I I feel that India is an important part could best fill the position of Ambassa- was wondering whether it was to pro- of the world, indeed a vital part of the dor to India, because there are a number mote political purposes, or whether he world. There are a number of countries of men who could well look after the was to have a selling job. in Southeast Asia which do not always interests of the United States in selling Mr. HICKENLOOPER. It was a po- see eye-to-eye with what we call the American principles in the Orient. I litical reward for political support of the West. I have the feeling that many of would prefer not to pinpoint any indi- present administration. those countries are still very much dis- vidual at the moment. It happens to Mr. AIKEN. That practice has been turbed by the imperialistic or colonial be the responsibility of the President to indulged in for a long time. policies which have been in force there nominate individuals, and it is the re- Mr. HICKENLOOPER. That is cor- for a long time, that their attitude is one sponsibility of the Senate to pass upon rect. I have no doubt it has been in- of question and wonder, that they do not their qualifications. dulged in by both parties in the history understand exactly what the American Mr. AIKEN. Mr. President, will the of the country. But that does not make system is, and that, if we are to get along Senator yield? it right. with them and if our relations are to be- Mr. HICKENLOOPER. I yield. Mr. SPARKMAN. Mr. President, will come increasingly better, we must have Mr. AIKEN. Does not the difficulty in the Senator from Iowa yield? there in important positions representa- getting the right man for the right posi- Mr. HICKENLOOPER. I yield for a tives who fully understand at least what tion lie largely in the fact that such posi- question. are some of our concepts of the American tions go to those who have made very Mr. SPARKMAN. I hope the Senator system, which is a system of self-help, of liberal campaign contributions to the from California will listen to this state- hard work by the individual, of self-re- party chest, that the career diplomats ment. He purported to quote me a few sponsibility, and of free individual enter- do not make enough money to make such minutes ago as saying that we had a prise. I feel that people who have been contributions, and, therefore, do not re- dearth of material from which to fill preaching up and down the land, not ceive any important ambassadorial these diplomatic posts. only in the United States over t:e past posts? Is not that fact responsible for First of all, I should like to invite his 15 or 20 years, but who also as our offi- some of the troubles in which we find attention to the fact that India has been cial representatives have been preaching ourselves? I am standing up for the an independent nation only since 1947, to other nations of the world the idea career diplomats. I do not see how they and there have been very few persons of that we are gradually collectivizing our can get money enough to secure appoint- the rank of Ambassador who have served business, our opportunities, and our ments to any of these positions. in India. whole enterprise system, which has made Mr. HICKENLOOPER. I will say to I think the Senator from Iowa has an- this country strong, are ambassadors of the Senator that I think there are any swered the question adequately with re- disservice to our country and to the free- number of diplomats in our career diplo- spect to an individual. It is our respon- dom-loving nations of the world. matic service who could do an admirable sibility to approve or disapprove an in- Mr. KNOWLAND. Mr. President, will job of representing American ideals and dividual whose nomination the President the Senator yield? basic principles to the Indian people. sends to us. I believe it is fair to keep Mr. HICKENLOOPER. I yield for a As to some of the more important posts, that in mind. question. it no doubt takes more money out of the If the Senator from Iowa will permit, Mr. KNOWLAND. I should like to ask pocket of the Ambassador to operate the I should like to call attention to the fact the Senator whether he understood as I Embassy post than career diplomats, in that there is today a higher percentage did the remarks of the Senator from many cases, can afford, unless they in- of career officers in diplomatic posts than Alabama [Mr. SPARKMAN], which rather herited money or married rich wives. As there ever has been before in the history shocked me, in a way, because, unless I a consequence, too often in the past per- of this Nation. As of February 8, 1951, have misinterpreted whr.t he said, the sons have been appointed to diplomatic there were 66 posts, chiefs of missions. Senator stated that one of the reasons posts based upon their financial situation Forty-four were filled by career officers, for the selection of Mr. Bowles was that rather than upon their diplomatic or 67 percent; noncareer officers, 22, or apparently we had no career diplomats experience. 33 percent. who could take the post. If that be so, Mr. AIKEN. The Senator is entirely With reference to the appointments then certainly our diplomatic policy has correct. I am not casting any asper- made by President Truman during the been in a bankrupt state, if, with all our sions on any of the Ambassadors to the time he has been in office, there were the diplomats abroad who have had service, more important posts, and I am not cast- following noncareer officers, according to there could not have been selected a man ing any aspersions on Mr. Bowles. I the list which has been furnished me: who had had some diplomatic experi- am simply pointing out that there has Prentice Cooper of Tennessee, who was ence in the area of India. I personally been an unfortunate practice of giving appointed to Peru in 1946. Mr. Cooper do not believe we are in any such bank- the more important posts to the more had been Democratic Governor of Ten- rupt position. liberal campaign contributors, and we nessee. In dealing with the critical situation in ought to get off that basis one of these Myron M. Cowan, of New York, to Asia, one name occurs to me as that of a days. Australia, July 1, 1948. I think he is man who might have been an ideal Mr. HICKENLOOPER. I think that recognized as one of our best diplomatic choice for the post in India, and I should practice has been indulged in too often officers. He is now in the Philippines. like to ask the Senator from Iowa if he in the past. I do not know how much I do not know what his background is as does not think that this man at least Mr. Bowles contributed to the national, to office holding or his political aline- represents a type which has had diplo- State, and local Democratic campaign ment. matic experience and might have filled funds, but I assume, although I do not Mr. HICKENLOOPER. He comes the )ill. I refer to Dr. Ralph Bunche, criticize him for it, that he contributed from Iowa; he must be a pretty good who has given devoted service to this the full legal limit all the way down the man. 12850 CONGRESSIONAL RECORD-SENATE OCTOBER 9 Mr. SPARKMAN. I do not know ing and maintaining the basic ideals of He was then offered a position by Try- whether he is a Democrat or a Repub- the American system of government as gve Lie in the United Nations as assistant lican. I understand them, and as I hope we all secretary, which he declined. Mr. HICKENLOOPER. I do not, understand them. He accepted a position as consultant to either. I have no objection whate er so far the Children's Fund. Mr. SPARKMAN. He must be some- as Chester Bowles' personal character is He then wrote a book on economics, where close to the middle of the road. concerned, so far as his moral character which is now in use as a textbook by Mr. HICKENLOOPER. I will say that is concerned. I believe him to be a moral freshman classes in our colleges. I do the high degree of intelligence and abil- man. I believe him to be an honest man. not think that qualifies him for the very ity with which he performs his duties I believe him to be a truthful man. But intricate economic problems we are going makes me think he is a Republican. I believe him to be an inexperienced to face. Mr. SPARKMAN. The next is Dwight man appointed to a position where we Now coming down to his appointment, P. Griswold, of Nebraska. He was a Re- need the best qualified man available. I there are recurring and apparently well- publican Governor of Nebraska. have supported persons named to vari- founded rumors that this selection was The next is Walter S. Gifford, of New ous ambassadorial positions whom I did not primarily that of the State Depart- York, who is a well-known Republican. not think were necessarily the best quali- ment, but of the President for reasons The next is Ellsworth Bunker, of New fied, but I did not think the American which the Senator from Iowa has men- York, who was sent to Argentina this prestige and the American philosophy of tioned, that it was primarily a political year. He is a prominent business execu- government would suffer greatly as the rather than a diplomatic selection. Nat- tive and bank director. I do not know result of their appointment. In this in- urally, that is a matter which the what his political affiliation is. I dare stance, when there is to be dealt with State Department will not discuss, but say the Democratic Party received very an extremely sensitive situation, indeed, there are well-founded rumors that they few contributions from that list of non- a dangerous situation, because, as the viewed with a somewhat hesitant eye the career appointments which were made Middle East goes, so may the entire selection of a person without diplomatic during the time President Truman has Orient go eventually, I feel that it will experience, who had never been in the been in office. take handling of the most delicate sort, Orient, for a position which is probably Mr. AIKEN. Mr. President, will the of the most experienced sort, and in the the most critical our country has to fill at Senator from Iowa yield? last analysis of the most American sort the present time. Mr. HICKENLOOPER. I yield. by a person who in all respects is quali- There are one or two other interesting Mr. AIKEN. Mr. President, the Sen- fied to undertake the task. Therefore, items in his testimony which I am sure ator refers to Mr. Ellsworth Bunker, who for the reasons I have stated, I shall vote will have a rather curious reaction in the is one of my good neighbors, who has a against Mr. Bowles' appointment. post to which he is going. We asked him farm about 2 miles from where I live in Mr. BREWSTER. Mr. President, I before the committee what he conceived Vermont. I would not ask for a better was a member of the subcommittee deal- to be his function, what he should do. neighbor. He has been in the sugar bus- ing with this matter. I shall not review The Senator from Ohio has already re- iness and has been very successful at it. the comments which have been made ferred to his attitude toward very greatly So far as I know, he has not had diplo- by other Members on this side of the increasing the aid which we should ex- matic experience. He has been a liberal aisle, with which I heartily concur, but tend. But one of the other items which contributor to the Democratic Party, I do want to complete the record so far he thought was of importance was the however. I have not heard that he is not as the pending nomination is concerned. desire to improve the system of govern- making a good Ambassador in Buenos In the first place, Mr. Bowles' career ment in the country to which he goes-a Aires. I am confident he would try very has been referred to. I desire to call very interesting conception of an ambas- hard to fill, with credit, any position attention to certain details which were sadorial function. As I recall, it was a which he held. not quite adequately covered. I quote diplomat from England who once un- Mr. HICKENLOOPER. Mr. Presi- Mr. Bowles' own statement regarding dertook to contribute something to the dent, I desire to say to the Senator from how he first got into public life. He says improvement of our own Government by Alabama that I think he has added ma- on page 2 of his evidence: a suggestion as to the policies we should terially to the strength of the argument I then stumbled by accident into the pursue, and he was given his papers of I have been making, when he now points Office of Price Administration- exit by a great Democratic President, with pride to the fact that the adminis- Mr. Cleveland. But Mr. Bowles is going tration has actually been promoting I hope he will not sometime say he to improve things over in India. This is more trained career diplomats in the stumbled by accident into the position what he is going to do: of Ambassador to India- Diplomatic Service. Then I ask him: I think, for instance- Why in one of the most sensitive diplo- first as rationing administrator in a very matic jobs in the world today, so far small area, then as State director, finally as He said- as the American Government is con- administrator, and finally as Director of the to say it is none of our business if Italy or Economic Stabilization Office, at which time France or some other country collects their cerned, does it not continue the policy I gave some of you gentlemen in Congress he so proudly points, and taxes, it is no business of ours whether they toward which difficulties, but I had my own difficulties too, have a sensible tax system or whether there appoint a trained, experienced diplomat if you remember. is good administration, and that it is only up to take care of the interest of the United to us as a friendly nation to help them is Sttates in that sensitive and, as some We are all familiar with that adminis- ridiculous. say, sick area of the world? tration, which the President himself was Mr. President, I am going to conclude finally obliged to terminate and repu- In other words, we should really show what I have to say. I feel as do some diate. these countries how to conduct their other Senators about the effect of Then he was offered the position of governments. speeches on votes. The Senator from Assistant Secretary of State, which he re- I think we have an obligation to see that Connecticut said he did not think he fused for reasons which he considered they do a good job of administration, that sufficient. they do an honest job, that their taxes are would change any Senator's mind. I do collected- not think I will change any Senator's He then went as delegate to the mind by what I am saying. But I do UNESCO Conference where he spent Please page the Internal Revenue Bu- want to register my protest chiefly be- some 3 weeks, and irom that he became reau of the present Democratic admin- cause, as I said a moment ago, if there head of the Children's Fund which, in istration and see whether we are the is a sick part of the world, or a part of his own words "was a colossal failure." ones to go over to India and tell them the world whose recovery, so far as con- I do not attribute responsibility to him, how to administer honestly their sys- cerns association with the West, is in but he himself tells how they started out tem of tax collections, when half of our the balance, then to that sick part of with some very large ideas to raise $200,- internal-revenue collectors have already the world we should send a physician, 000,000. They finally raised $20,000,000, resigned under fire and several of them and not a Fuller-brush man. and then the whole proposition collapsed. are under indictment and on the way to My desire is to see men appointed to At the request of Life magazine, he jail. I think our friends in India will diplomatic and other positions who are wrote an article, which they refused to probably have a sufficient sense of hu- qualified and experienced in represent- print, I do not know what it contained. mor to appreciate the idea of Mr. Bowles CONGRESSIONAL RECORD-SENATE 12851 leaving behind him the wreck of this whichever function he appears, I greatly States of America to India, and to serve administration, in this country, in the fear that the results will be most unfor- concurrently and without additional Internal Revenue Bureau, so far as tunate in our relations with India and compensation as Ambassador Extraordi- taxes are concerned, and going to India our influence in India, as well as in con- nary and Plenipotentiary of the United to tell the people there how to do an nection with the impressions which India States of America to Nepal? honest job in collecting taxes. Mr. Fin- forms with respect to us in America. Mr. AIKEN. Mr. President, before vot- negan would be a better man, I think, I do not stress the matter of consulta- ing on this nomination I should like to to send to India to do that job if that is tion, although I think the Senator from ask two or three questions. what is supposed to be done. New Jersey (Mr. SMITH] was entirely First, was any charge made in the There was one other aspect of this justified in urging a different attitude by committee against Mr. Bowles' charac- matter concerning which, I think un- the administration in the approach to ter? intentionally, Mr. Bowles perhaps told the so-called consultative committees Mr. BREWSTER. No. a great truth. He was asked about the which have been created by the Commit- Mr. AIKEN. Was there any charge concept of how their economy could de- tee on Foreign Relations to deal with the against his loyalty or general level of velop. He told the story of the Indian four areas into which the world has been intelligence? Socialist who came to this country and divided. I believe that would be a far Mr. BREWSTER. That question was surveyed our system, and after he had better way in which to achieve the co- not raised. looked it over for a while and had talked ordination of approach in foreign policy Mr. AIKEN. The question was not with a good many people, said, "I am which is absolutely vital if we are to raised, as I understand. confused." That was certainly a well- carry on. To what extent will Mr. Bowles, if his warranted conclusion as he looked at We had the word of the late Senator nomination is confirmed as Ambassador what was going on in this country. Vandenberg that he had never been con- to India, determine the policy of this What does Mr. Bowles say: sulted, except in one instance, so far as country toward India and toward Asia in I think it would be part of my job to our Asiatic policy was concerned. That general? further perhaps carry that confusion a little has been largely true with respect to all Mr. BREWSTER. I think the answer and demonstrate we have something here that has occurred since, in spite of the that is dynamic. to that question is that India, because of readiness of Senators on both sides of its remoteness and because of the pecul- I am afraid that that will be the re- the aisle-and this is equally as true of iarly involved character of its problems, sult of Mr. Bowles' participation in the the Democratic side of the aisle as it is is probably more sensitive on that score administration of the affairs of the office of this side-to participate in such con- than any other spot in the world. We of Ambassador. sultations with responsible authorities in shall be peculiarly dependent not only Somewhat more seriously, Mr. Bowles the executive department. I believe that upon the information, but the advice of said that he thought he was in a posi- the only way in which coordination of our representative at that post. We had tion to explain our system. Whether or approach can be achieved is through the previously sent there our most experi- not he is a good man to expound our competent committees of the Congress. enced diplomat, a man with 30 years' system is, I think, certainly a matter of Such coordination is absolutely vital if service, Mr. Loy Henderson. It was a some question. I cannot believe that America is to pursue a continuity of pol- matter of considerable concern that a anyone here will seriously contend that icy which will command the respect of all man with such vast experience, who had the economic ideology and theories with the world. been before the consultative committee which Mr. Bowles has been identified The pending nomination is a glaring only 2 months ago, was sent to a less im- are characteristic of the majority of the instance of what I have in mind, not be- portant post. Members on either side of this aisle, or cause we were not consulted, but because the man who has Mr. AIKEN. Does the Senator know of the great people of this country, in been nbminated has why Mr. Henderson was transferred? either political party. When we send a neither the diplomatic experience nor man with what he conceives to be his the knowledge of the Orient which would What reason was given for that? missionary function to reform and re- qualify him for one of the most delicate Mr. BREWSTER. No reason was giv- construct a great nation such as India, and difficult diplomatic posts to be found en except that he was sent to Iran, which for thousands of years has been in the whole wide world today. which, of course, is a very critical point living under conditions certainly of great So I hope that Senators on both sides now. But why he was selected for such difficulty, with the idea that by either of the aisle will vote with an eye to what a transfer I do not know. I indicated the contribution of our money or the they conceive to be the best interests of that this was understood to be a politi- influencing of their internal govern- the country, for whose welfare we are cal appointment. mental policies, he can reconstruct the now so responsible. Mr. AIKEN. Mr. President, I should situation, such action seems to me more The PRESIDING OFFICER. The like to ask one or two further questions. nicely calculated to bring about the mis- question is, Will the Senate advise and" S Did Mr. Bowles express any opinion on understandings which have so tragically consent to the nomination of Chester Asiatic policy, and particularly Indian occurred in Europe. Bowles to be Ambassador Extraordinary policy, which might, perhaps, make Many of us on both sides of the aisle and Plenipotentiary of the United States trouble for the United States in the were present at the Interparliamentary of America to India, and to serve con- future? Union meeting in Dublin a year ago, currently and without additional com- Mr. BREWSTER. That is what I re- when we heard the representatives of pensation as Ambassador Extraordinary ferred to in my statement. His concept India and other countries denounce us and Plenipotentiary of the United States of the duty of an Ambassador was to for the policies we were pursuing, which of America to Nepal? reform the tax system and assume re- were called economic imperialism, in Mr. SALTONSTALL. I suggest the ab- sponsibility for the administration of spite of the fact that all we have been sence of a quorum. the economy, which was not calculated doing since the war l~s been to give away The PRESIDING OFFICER. The clerk to be helpful. billions of dollars of our money to try to will call the roll. Mr. AIKEN. Did he make the state- help unfortunate people around the The legislative clerk proceeded to call ment that the tax system of India ought world. In the concept of those repre- the roll. to be reformed? So far as that goes, I sentatives of the Government of India Mr. SALTONSTALL. Mr. President, I understand that the tax systems of Italy, we were simply economic imperialists, ask unanimous consent that the order France, and several other countries trying to impose some kind of system on for the quorum call be vacated, and that could stand a little reforming. Possibly them. Whether it be Mr. Bowles in the further proceedings under the call be dis- that is true of the tax system of the guise of instructor in economics, telling pensed with. United States. them how to govern their country, or The PRESIDING OFFICER. Without 'Mr. BREWSTER. He indicated that whether to be Mr. Bowles in the guise of objection, it is so ordered. India certainly was in very sad need of Santa Claus, giving them hundreds of The question is, Will the Senate advise reconstruction of its economic and po- millions of dollars-the figure he men- and consent to the nomination of Ches- litical life, and that he hoped to con- tioned was $250,000,000 a year as a ter Bowles to be Ambassador Extraordi- tribute to that end. That, I think, is a starter, which we should give them-in nary and Plenipotentiary of the United most disturbing aspect. XCVII-809 12852 OCTOBER 9 Mr. AIKEN. And that led some mem- NOT VOTING-20 bers ofCONGRESSIONAL the committee, did it not, toRECORD-SENATE fear Frear McKellar that Mr. Bowles might undertake to Humphrey Nixon If present and voting, the Senator from Kern O'Conor make over the internal affairs of India Kerr O'Mahoney when he got there?Louisiana would vote "yea," and the Anderson Long Tobey Senator from Wisconsin would vote Byrd McCarthy Mr. BREWSTER. That is correct. Capehart Wherry Mr. AIKEN. "nay."One further question. Dirksen McClellan We assume that whoeverThe Senator is named from Am- Maryland [Mr. Duff O'CONOR] Ellender bassador to India will beis paireda Democrat on this vote with the Flanders and a contributorSenator to fromthe DemocraticCalifornia [Mr. NIXON]. If campaign fund.present In all and probability voting the he Senator from So the nomination was confirmed. will be a TrumanMaryland Democrat. would Isvote there "yea," and the The PRESIDING OFFICER. Without any assurance thatSenator if Mr. from Bowles' California nom- would vote objection, the President will be immedi- ination is not "nay."confirmed, someone not ately notified of all nominations this meeting those qualificationsMr. SALTONSTALL. will beI announce that day confirmed. named to the post?the Senator from Indiana [Mr. CAPE- LEGISLATIVE SESSION Mr. BREWSTER.HART], Ithe do Senatornot think from'California we [Mr. Mr. McFARLAND. I move that the could get any NIXON],assurance and of the that Senator char- from Nebraska Senate resume the consideration of leg- acter. We can[Mr. only WHERRY] pray. areI do necessarily not absent. islative business. think it is a very goodThe argument for con- Senator from Missouri [Mr. KEM] The motion was agreed to; and the firming the nominationand the Senator of an fromunquali- Illinois [Mr. DIRK- fied man to say that we may get an- Senate resumed the consideration of leg- SEN] are absent on official business. islative business. other unqualified Theman. Senator I do notfrom believe Wisconsin [Mr. MC- that we could CARTHY]have one isconsidered absent by leavewho of the Senate. VISIT TO THIS COUNTRY OF MOHAMMED could be much lessThe qualified Senator on thisfrom par- New Hampshire MOSSADEGH, PREMIER OF IRAN ticular angle than[Mr. Mr. TOBEY] Bowles. is absent because of illness. Mr. CHAVEZ. Mr. President, of late The PRESIDINGThe SenatorOFFICER. from ThePennsylvania [Mr. much has been said about bettering the question is, WillDUFF] the Senateand the advise Senator and from Vermont lot of so-called backward people. In consent to the [Mr.nomination FLANDERS] of areChester detained on official the first place, if there are backward Bowles to be Ambassadorbusiness. Extraordinary people in the world and the reasons for and PlenipotentiaryOn ofthis the vote United the SenatorStates from Indiana that status are investigated, it is gen- of America to India?[Mr. CAPEHART] is paired with the Sena- erally found that they have been op- The yeas andtor nays from have Minnesota been ordered, [Mr. HUMPHREY]. pressed by colonialism and by so-called and the clerk Ifwill present call the and roll. voting, the Senator from better-informed people taking advan- The legislativeIndiana clerk calledwould thevote roll. "nay" and the Sen- tage of them in the exploitation of their Mr. JOHNSONator of fromTexas. Minnesota I announce would vote "yea." natural resources. that the Senator Onfrom this New vote Mexico the Senator [Mr. from Illinois There is no reason whatsoever, under ANDERSON] is absent[Mr. DIRKSEN]by leave ofis thepaired Sen- with the Senator the proper form of government and with ate. from Oklahoma [Mr. KERR]. If present the proper development of her natural The Senator andfrom voting,Virginia the [Mr. Senator BYRD] from Illinois resources, why the people of Iran should is absent becausewould of illness vote "nay"in his andfamily. the Senator from not make headway in bettering their con- The Senator Oklahomafrom Louisiana would [Mr.vote EL-"yea." dition. It appears to me there is no rea- LENDER] is absentOn because this vote of thea death Senator in son, irrespective of the stern necessities his family. from Wiscon- of the past, why the colonialism of the sin [Mr. MCCARTHY] is paired with the English or what is left of the British Em- The SenatorSenator from fromDelaware Louisiana [Mr. [Mr. LONG]. FREAR], the Senator from If pire should continue to keep the people present and voting,Minnesota the Senator [Mr. HUMPHREY], the Senator from Ok- from of Iran in a backward state. lahoma [Mr. KERR],Wisconsin the Senatorwould vote from "ray" and the Yesterday there arrived in this country Louisiana [Mr. SenatorLONG], thefrom Senator Louisiana from would vote "yea." of opportunity the Premier of Iran, Hon. Arkansas [Mr. MCCLELLAN],On this vote the the Senator Senator from Cali- Mohammed Mossadegh, who is to appear from Tennesseefornia [Mr. [Mr.MCKELLAR], NIXON] isthe paired with the before the United Nations in an effort to Senator from MarylandSenator from[Mr. MarylandO'CONoR], [Mr. O'CONoR]. protect the dignity of the Government and the SenatorIf presentfrom Wyomingand voting, [Mr. the Senator from of Iran and of the humanity that exists O'MAHONEY] areCalifornia absent on would official vote busi- "nay" and the Sen- in Iran. It seems to me that all of us ness. ator from Maryland would vote "yea." who believe in the philosophy of the The Senator Thefrom result Virginia was announced-yeas[Mr. 43, Government of the United States of BYRD] is pairednays on 33,this as votefollows: with the Aiken America should be happy about his visit. Benton He probably stands in the same position Senator from Louisiana [Mr. ELLENDER].YEAS-43 Chavez If present and voting, the Senator from Clements Benjamin Franklin occupied at the time Holland MoodyConnally Virginia would vote "nay," andHunt the Sen- Morse when he was in Europe fighting for the Douglas rights of the American Colonies. ator from Louisiana would voteJohnson, "yea." Colo. MurrayEastland The Senator from MinnesotaJohnson, [Mr.Tex. NeelyFulbright Many a foreign visitor has been met Johnston, S. C. PastoreGeorge with honors and with a word of welcome HUMPHREY] iS paired on thisKefauver vote with RobertsonGillette the Senator from Indiana Kilgore[Mr. CAPE- RussellGreen at the various airports and seaports of HART]. If present and voting,Langer the Sena- SmathersHayden our country. I, for one, welcome Mo- Lehman Smith,Hennlngs Maine hammed Mossadegh tor from Minnesota would Lodgevote "yea," Smith, N. C. to this country in Magnuson Hill the hope and the confidence that right and the Senator from Indiana would SparkmanHoey vote "nay." Maybank Stennis will prevail and that something will be McFarland Underwood done about helping the backward people The Senator from OklahomaMcMahon [Mr. Bennett KERR] is paired on this voteMonroney with the Brewster of Irari. Senator from Illinois [Mr. DIRKSEN].NAYS-33 If Bricker ARMED SERVICES ;RECRUITMENT present and voting, Bridges PROGRAMS the SenatorEcton from MundtButler, Md. Oklahoma Ferguson Saltonstall would vote "yea," and the Butler, Nebr. Mr. AIKEN. Mr. President, some 10 Senator from Illinois would Hendricksonvote "nay." SchoeppelCain The Senator from LouisianaHickenlooper [Mr. Smith,Carlson N. J. days ago when the appropriation bill for Ives TaftCase the armed services was before the Sen- LONG] is paired on this vote withJenner the Sen- Thye Cordon ate, I pointed out what I considered to ator from Wisconsin [Mr. MCCARTHY].Knowland WatkinsDworshak Malone Welker be a very unnecessary expenditure on Martin Wiley McCarran Williams the part of the armed services, in put- Milllkin Young ting on radio and television shows as a 1951 CONGRESSIONAL RECORD-SENATE 12853 part of recruitment programs. I made Mr. KEFAUVER. Mr. President, will Mr. SALTONSTALL. Mr. President, particular reference to the program the Senator yield? will the Senator yield for a further ques- The Shadow, which was put on by the Mr. McFARLAND. I yield. tion? armed services at considerable expense Mr. KEFAUVER. I do not see the dis- Mr. McFARLAND. Yes. to the Government. I also referred to tinguished Senator from West Virginia Mr. SALTONSTALL. The Senator the sponsoring by the Treasury Depart- [Mr. NEELY] on the floor at this time. from Arizona has made a clear statement ment of Sammy Kaye's orchestra, which However, I understood that the majority regarding the schedule for Wednesday probably cost more than The Shadow leader was going to try to bring up be- and Thursday. In order that Senators was costing the armed services. fore the recess or adjournment the home may make some plans, if possible, for I am happy to report that now I have rule bill for the District of Columbia. the week end, can the Senator from Ari- been informed that The Shadow has Since no particular business is planned zona give us any idea of what may be gone back into private industry, and may for tomorrow, I wonder whether it will done following Thursday? be heard regularly every week, selling be possible for that bill to be worked in Mr. McFARLAND. I am hopeful that some kind of hair tonic, although I do tomorrow. on Friday there will be a number of con- not know what particular variety. Mr. McFARLAND. We gave consider- ference reports which will be ready for I am also informed that at that time ation to the home rule bill. We may be consideration. If not, I shall make an Sammy Kaye was contributing his serv- able to bring it up. However, it will take announcement, possibly on Thursday. ices to the Treasury Department. He several days of debate. We are very Mr. SALTONSTALL. I thank the also has now secured a private contract, anxious to dispose of the appropriation Senator. and started the new programs on Oc- bills and the conference reports. Some tober 7, I understand. However, I wish of the bills on the agenda will have to go AMENDMENT OF ATOMIC ENERGY ACT to give him credit for contributing his over, but I am still hopeful that the OF 1946 services during the time when he was particular bill to which the Senator has Mr. McFARLAND. Mr. President. in not under private contract. referred will be one which will not have order to have the bill pending. I now LEGISLATIVE PROGRAM to go over. We may be able to take it move that the Senate proceed to the up next week. consideration of Senate bill 2233, Calen- Mr. McFARLAND. Mr. President, I The Senator from South Carolina dar No. 845, a bill to amend the Atomic wish to announce that on account of [Mr. JOHNSTON] is very much interested Energy Act of 1946, as amended. there being so many conference commit- in the bill, and he tells me that he will The PRESIDING OFFICER. The tees working and so many subcommittees be engaged in conferences on the pay question is on agreeing to the motion of Sof the Appropriations Committee work- bill all day tomorrow and will not be the Senator from Arizona. ing, the Senate will recess from today able to attend a session in the Senate The motion was agreed to: and the until Thursday. Chamber at that time. Senate proceeded to consider the bill On Thursday we shall take up Senate That is why we are planning to take (S. 2233) to amend the Atomic Energy bill 2233, Calendar 845, a bill to amend a recess until Thursday in order to give Act of 1946, as amended. the Atomic Energy Act of 1946, as the committees an opportunity to pre- amended. pare THE PRESIDENT'S ORDER RESTRICTING and submit conference reports. OFFICIAL INFORMATION After that bill we hope to call the cal- I should like to point out that at best endar of unobjected-to bills from the there will be only 2 months between the Mr. BRIDGES. Mr. President, on beginning, insofar as the distinguished end of this session and the beginning of September 24, 1951, a Presidential Exec- Senator from New Jersey [Mr. HEN- the next one. In view of that fact not utive order was issued "establishing DRICKSONI and the distinguished Sena- very much will be gained by considering minimum standards for the classifica- tor from Kansas [Mr. SCHOEPPEL] are a bill before January. tion, transmission, and handling by then prepared in connection with the The House is making every possible departments and agencies of the execu- calendar. effort, I am informed by the Speaker, to tive branch, of official information which Mr. SALTONSTALL. Mr. President, get all the appropriation bills through requires safeguarding in the interests of will the Senator yield? the House by the end of the week. If the United States." This executive or- Mr. McFARLAND. I yield. we make the same effort, on this side of der extends military security regulations Mr. SALTONSTALL. Eighty - four the Capitol, it will not be many days to all civilian agencies, and establishes bills have been placed on the calendar until we can adjourn. However, we machinery for the censorship and con- during the past week. The Senator simply cannot keep on taking up bills trol of the American television, radio, from Kansas and the Senator from New and working on the floor without giving periodicals, and press. It is a new and Jersey inform me that they will be ready the conference committees an opportu- dangerous departure in American his- to have the calendar called from the be- nity to work on the conference reports, tory. Accordingly, the following Repub- ginning, if it is clearly understood by and still expect to conclude the session. lican Members of the United States Sen- the majority leader that the bills which Mr. SALTONSTALL. Mr. President, ate declare: they have not had time to investigate will the Senator from Arizona yield? MANIFESTO Mr. McFARLAND. will simply go over, regardless of their I yield. The American heritage of freedom is a merit, and so forth. Mr. SALTONSTALL. The Senator product of vigorous, uncontrolled public Mr. McPARLAND. Yes; I agree to from Arizona still is of the opinion, is he, discussion. Within the framework of laws that. that there is an opportunity to conclude which safeguard the rights of individuals, Mr. McCARRAN. Mr. President, does the session before October ends? It has been the historic privilege and the that mean the entire 84? Mr. McFARLAND. Well, Mr. Presi- sacred duty of Americans to criticize our No. dent---- Government. This power, in the hands of Mr. McFARLAND. a free people, has prevented the accumula- Mr. SALTONSTALL. No, it does not. Mr. SALTONSTALL. Is he hopeful? tion of evil in government. The open forum I would say to the Senator from Nevada Mr. McFARLAND. I do not wish my of public debate has been, and will ever that we hope to be ready in the case of a friend to make me feel bad this evening be, the greatest enemy of tyranny. great number of those bills. However, in regard to when we are going to end We are in the midst of a war. The emo- time is short, and the Senator from Ne- the session. We are going to end it as tional tensions caused by this conflict tend vada knows that 81 bills have been soon as we can. I am going to work as to restrain people from making objective placed on the calendar since October 1. hard as I can toward that objective; and criticisms of their Government. Mr. McFARLAND. Mr. President, I know that my good friend, the Senator Partisan politicians tend to attribute all from Massachusetts, will do the same. fault-finding to depravity or disloyalty. there is on the calendar another bill Freedom of speech means freedom of which, if objected to, I told the distin- I hope we shall be able to adjourn quite speech for all. It means freedom of speech guished Senator from Nevada we would a bit before November 1. Certainly we for those who agree with the party in power. take up following the call of the calendar. will adjourn as soon as we can. However, It means freedom of speech for people who It is House bill 4693, Calendar No. 727, this evening I am not going to s2t any disagree with those who hold the reins of amending the Bankruptcy Act. dates. government. The defects In government 12854 CONGRESSIONAL RECORD-HOUSE OCTOBER 9 are usually exposed by those who are crit- ditional compensation as Ambassador Ex- requested, a bill of the House of the fol- ical. No single group of Americans has a traordinary and Plenipotentiary of the lowing title: ideas or patriotism. United States of America to Nepal. monopoly on H. R. 5215. An act making supplemental the inherent right Any attempt to restrain DEPARTMENT OF JUSTICE appropriations for the fiscal year ending of an American to criticize his Government and for other purposes. per- William Amory Underhill, of Florida, to be June 30, 1952, must be resisted by all freedom-loving an Assistant Attorney General. sons. The message also announced that the There is evidence that some persons and Senate insists upon its amendments to groups in authority in our Government are REJECTIONS the foregoing bill, requests a conference unable to tolerate criticism. This is mani- with the House on the disagreeing votes fested by the smear tactics and propaganda Executive nominations rejected by the techniques now being used to silence any Senate October 9 (legislative day of of the two Houses thereon, and appoints opposition. October 1), 1951: Mr. MCKELLAR, Mr. HAYDEN, Mr. RUSSELL, There is evidence that no man can criticize UNITED STATES DISTRICT JUDGES Mr. MCCARRAN, Mr. O'MAHONEY, Mr. our Government today and escape intem- Joseph Jerome Drucker, to be United States BRIDGES, Mr. FERGUSON, Mr. WHERRY, and perate reprisals. district judge for the northern district of Mr. CORDON to be the conferees on the This is an alarming situation. It cannot Illinois. (New position.) part of the Senate. be ignored. Cornelius J. Harrington, to be United We, therefore, the undersigned, Members CONFERENCE REPORTS OF CIVIL FUNC- States district judge for the northern dis- TIONS APPROPRIATION BILL (H. R. 4386) of the United States Senate, pledge to the trict of Illinois. (New position.) American people that we shall fight to guar- AND APPROPRIATIONS FOR THE DE- antee that, In the difficult days ahead, no PARTMENTS OF STATE, JUSTICE. COM- man's voice will be silenced. MERCE, AND THE JUDICIARY (H. R. 4740) We shall vigorously resist any attempt to conceal facts from the American people. HOUSE OF REPRESENTATIVES Mr. THOMAS. Mr. Speaker, I ask We shall defend, to the utmost, the funda- unanimous consent that the managers mental right of free, unlimited discussion TUESDAY, OCTOBER 9, 1951 on the part of the House may have until of controversial questions of government. midnight tonight to file conference re- We shall rally to the defense of any per- The House met at 12 o'clock noon. ports on the bills (H. R. 4386) making son against whom reprisals are directed as Rev. Charles F. Phillips, Francis As- appropriations for civil functions, and a result of the exercise of his constitutional bury Methodist Church, Washington, right of freedom of speech. (H. R. 4740) making appropriations for The issue involved is paramount. The D. C., offered the following prayer. the Departments of State, Justice, Com- voice of the people must be heard. O Thou Eternal Spirit, as a fitting merce, and the Judiciary. (Signed:) prelude to the day, we pause to listen to The SPEAKER. Is there objection to George D. Aiken James P. Kem the still small voice, remembering that the request of the gentleman from Wallace F, Bennett William F. Knowland it was said of old, "They that wait upon Texas? Owen Brewster William Langer the Lord shall renew their strength." There was no objection. John W. Bricker Henry Cabot Lodge, JR. Styles Bridges Jr. Hear our prayer for a troubled world. MR. AND MRS. LLOYD M. BENTSEN, Hugh Butler Joseph R. McCarthy Dispel the clouds of gloom that plague Mr. WALTER. Mr. Speaker, I ask John M. Butler George W. Malone the hearts of men. Bring to naught all unanimous consent for the immediate Harry P. Cain Edward Martin vicious schemes to thwart the ends of consideration of the bill (S. 2231) to Homer E. Capehart Wayne Morse peace. Bless all sincere efforts in its or Frank Carlson Karl E. Mundt effect entry of a minor child adopted behalf. Deliver us from fears, strength- to be adopted by a United States citizen. Francis Case Richard M. Nixon en us with undiscourageable good will, Guy Cordon Leverett Saltonstall and prompt to deeds of friendliness that The Clerk read the title of the bill. Everett M. Dirksen Andrew F. Schoeppel The SPEAKER. Is there objection to James H. Duff H. Alexander Smith changes foes to friends. Hear the prayer of the world for se- the request of the gentleman from Henry C. Dworshak Margaret Chase Smith Pennsylvania? Zales N. Ecton Robert A. Taft curity, a security that is real. Help us Homer Ferguson Edward J. Thye to see that ultimate security is found There was no objection. Ralph E. Flanders Arthur V. Watkins in righteousness and justice and broth- The Clerk read the Senate bill, as fol- Robert C. Hendrickson Herman Welker erhood. "Not by might, nor by power, lows: Bourke B. Hicken- Kenneth S. Wherry but by my spirit, saith the Lord." Be it enacted, etc., That, for the purposes looper Alexander Wiley of sections 4 (a) and 9 of the Immigration Irving M. Ives John J. Williams Remembqr these good and able men Act of 1924, as amended, the minor child, William E. Jenner Milton R. Young who guide the destiny of the Nation. Tina Bentsen, shall be held and considered Give to them wisdom from on high, in- RECESS TO THURSDAY to be the natural-born alien child of Mr. sight into the issues of these days, and and Mrs. Lloyd M. Bentsen, Jr., citizens of Mr. McFARLAND. Mr. President, I the guidance that always comes to those the United States. move that the Senate stand in recess who walk with God. Amen. The bill was ordered to be read a third until 12 o'clock noon on Thursday next. The Journal of the proceedings of yes- time, was read the third time, and passed, The motion was agreed to; and (at 6 terday was read and approved. and a motion to reconsider was laid on o'clock and 44 minutes p. m.) the Sen- the table. ate took a recess until Thursday, October MESSAGE FROM THE SENATE 11, 1951, at 12 o'clock meridian. A message from the Senate by Mr. GENERAL COLSON Landers, its enrolling clerk, announced Mrs. ROGERS of Massachusetts. Mr. NOMINATION that the Senate had passed without Speaker, I ask unanimous consent to ad- amendment a bill of the House of the dress the House for 1 minute and to re- Executive nomination received by the following title: vise and extend my remarks. Senate October 9 (legislative day of H. R. 5504. An act to amend section 12 of The SPEAKER. Is there objection to October 1), 1951: the Federal-Aid Highway Act of 1950 to in- the request of the gentlewoman from UNDER SECRETARY OF THE AI FORCE crease the amount available for the con- Massachusetts? Roswell L. Gilpatric, of New York, to be struction of access roads certified as essen- There was no objection. Under Secretary of the Department of the tial to the national defense. Mrs. ROGERS of Massachusetts. Mr. Air Force, vice John A. McCone, resigned. The message also announced that the Speaker, last evening I attended a ban- CONFIRMATIONS Senate had passed a bill of the following quet given in honor of General and Mrs. Charles F. Colson, who has been the Executive nominations confirmed by title, in which the concurrence of the House is requested: commanding officer at Fort Devens for the Senate October 9 (legislative day of several years, by the townspeople and October 1), 1951: S. 2231. An act to effect entry of a minor neighborhood. child adopted or to be adopted by a United others of the surrounding DIPLOMATIC AND FOREIGN SERVICE States citizen. He and Mrs. Colson are immensely Chester Bowles, of Connecticut, to be Am- popular and have done many, many bassador Extraordinary and Plenipotentiary The message also announced that the kindnesses for the service men and of the United States of America to India, Senate had passed, with amendments in women, and for the State. General Col- anw to serve concurrently and without ad- which the concurrence of the House is son has had $16,000,000 a year to expend 1951 CONGRESSIONAL RECORD-HOUSE 12855 at Fort Devens in connection with that States won't participate in the multi-billion- for this legislation, and I may say it is post, the reception center dollar project that would be closed to ship- something unusual. This is one bill that very large ping at least 5 months of the year. through which 100,000 men have passed, The House Public Works Committee will not cost the Government anything; and out of that number only two went shelved the St. Lawrence seaway proposal on in fact, it will very likely save the Gov- a. w. o. 1., and those two were ill. That July 26, but the President, bent on finding ernment $1,000,000 a year or more by is a remarkable record. I think we do not ways to spend more tax moneys, has been eliminrtion of the unnecessary elections express enough appreciation of our Army trying to force it through, on the excuse provided for in present law that have and our service officers. General Colson that it is needed for national defense. That's failed to aid the cause of labor and in- has supervision over a very wide area, usually been a sure way to wangle an ap- dustry. propriation out of Congress. In view of the fact that the Committee in fact, he is manager of it with absolute If Canada is so anxious to have the sea- authority. Today it is tremendously im- way, we say let 'er build it. We're busy bol- on Education and Labor reported this bill portant to have men of fine character stering the economy of Canada's "Mother almost unanimously, and the Committee to hold their officers in line. It is said Country," Great Britain. Construction of the on Rules acted without a dissenting there are no poor privates if there are seaway by Canada could be a nice gesture voice in granting the rule. I shall not good officers. It is of such importance to in return. take up any more time. I see the chair- have the soldiers well trained and well CONSTITUTION OF THE UNITED STATES man of the Committee on Education and equipped for their own protection and Labor is here. May I say that it is in- Mr. McDONOUGH. Mr. Speaker, I deed gratifying that that committee for for the protection of the United States. as_ unanimous consent to address the General Colson has had a long and once has brought in a bill by an almost House for 1 minute and to revise and ex- unanimous vote. In view of that, we distinguished service in the Army. He tend my remarks. is a great general and a great Christian. must concede that it is legislation in the Following is the program of the testi- The SPEAKER. Is there objection to right direction and will aid the adminis- monial dinner: the request of the gentleman from Cali- tration; it will permit industry to work fornia? in harmony with labor, eliminating to a AYER CIVIC DINNER-TESTIMONIAL TO BRIG. There was no objection, GEN. CHARLES F. COLSON, COMMANDANT, great extent, strikes and discord in these FORT DEVENS, TOWN HALL, AYER, MASS., [Mr. McDONOUGH addressed the House. trying times. OCOTOBER 8, 1951, 7 P. M. His remarks appear in the Appendix.] Mr. Speaker, I ask unanimous consent PROGRAM AMENDMENT OF NATIONAL LABOR that a letter I addressed to Mr. DiSalle, together with his answer thereto, be in- Invocation.Rev. Father William J. McCarthy, RELATIONS ACT St. Mary's, Ayer cluded in my remarks in the Appendix. Mr. SABATH. Mr. Speaker, I call up The SPEAKER. Is there objection to Honorable Joseph M. Markham, chairman, House Resolution 453 and ask for its im- board of selectmen the request of the gentleman from Illi- Colonel Edward B. McCarthy, assistant mediate consideration. nois? commandant, Fort Devens The Clerk read the resolution, as fol- There was no objection. Honorable Lyman K. Clark, judge, lows: Mr. SABATH. Mr. Speaker, I will re- first district court Resolved, That immediately upon the serve the balance of my time on the John J. Long., Jr., chairman, Army area adoption of this resolution it shall be in or- resolution, to which there cannot be any advisory commission der to move that the House resolve itself into Nourse Rogers, objection. Nevertheless, I shall yield 30 Honorable Edith the Committee of the Whole House on the minutes to my colleague and fellow mem- Congresswoman, Sixth District State of the Union for the consideration of Brigadier General Charles F. Colson, the bill (S. 1959) to amend the National La- ber on the Committee on Rules. commandant, Fort Devens bor Relations Act, as amended, and for other Mr. ELLSWORTH. Mr. Speaker, I Benediction------.... Rev. Hugh Penny purposes, and all points of order against said yield to the gentleman from Oregon [Mr. Federated Church, Ayer bill are hereby waived. That after general ANGELL]. Toastmaster--...... ------Richard J. O'Toole debate, which shall be confined to the bill Mr. ANGELL. Mr. Speaker, I ask Chairman of committee and continue not to exceed 1 hour, to be unanimous consent to extend my re- "Life is to be fortified by many friend- equally divided and controlled by the chair- marks at this point in the RECORD and to man and ranking minority member of the include extraneous matter. ships. To love and be loved is the greatest bill happiness of existence." (Sydney Smith.) Committee on Education and Labor, the The SPEAKER. Is there objection to "Welcome ever smiles, and farewell goes shall be considered as having been read for amendment. No amendment shall be in or- the request of the gentleman from out sighing." (Shakespeare.) der to said bill except amendments offered Oregon? MENU by the direction of the Committee on Edu- There was no objection. Fruit cocktail, hot roast young turkey, sage cation and Labor, and said amendments shall Mr. ANGELL. Mr. Speaker, on Jan- dressing, brown gravy, cream mashed potato, be in order, any rule of the House to th6 con- uary 22, 1951, I introduced H. R. 1870 green peas, cranberry sauce, sweet mixed trary notwithstanding. Amendments of- to protect the bald eagle in the Territory pickles, assorted rolls, creamery butter, salad, fered by direction of the Committee on Edu- of Alaska. I have urged the Committee banana fritters, cherry fruit sauce, cakes, cation and Labor may be offered to any sec- on Merchant Marine and Fisheries to assorted Ices, coffee. tion of the bill at the conclusion of the gen- eral debate, but said amendments shall not which the bill was referred to report the LET CANADA GO AHEAD AND BUILD THE be subject to amendment. At the conclusion bill out so that it might be enacted into ST. LAWRENCE SEAWAY of the consideration of the bill for amend- law without delay but the committee has Mr. VAN ZANDT. Mr. Speaker, I ask ment, the committee shall rise and report the failed to take action. I have appeared unanimous consent bill to the House with such amendments as before the committee having jurisdiction to address the House may have been adopted and the previous for 1 minute and to revise and extend over this legislation a number of times question shall be considered as ordered on since a similar bill was first introduced my remarks and include a newspaper the bill and amendments thereto to final article. by me in a previous Congress. In fact, paage without intervening motion except House The SPEAKER. Is there onW motion to recommit. my bill, H. R. 5507, passed the objection to in the Eighty-first Congress but for some the request of the gentleman from Mr. SABATH. Mr. Speaker, this rule unknown reason it was pigeon-holed in Pennsylvania? makes in order the bill S. 1959. The the Senate. There was no objection. purpose of the bill is to resolve problems The bald eagle has been the symbol of Mr. VAN ZANDT. Mr. Speaker, the arising from the recent Supreme Court America's greatness and ideals of free- old chestnut-the St. Lawrence seaway- decision regarding reprcsentation cer- dom down through the years and is pro- is back with us again. Just like the tificates. It dispenses with the require- tected under Public Law 567, Seventy- proverbial cat-it has nine lives. ment of existing law that an election sixth Congress, throughout all our land Let me read to you what the Chester, must be held before a labor organization with the exception of the Territory of (Pa.) Times said editorially on October and an employer may enter into a union- Alaska, where it is hunted down and 3, 1951, concerning Canada's threat to shop agreement. I am pleased to say killed and there is a bounty on its head. the great committee of the House, the During the 5-year period from 1917 to build the St. Lawrence seaway: Committee on Education and Labor, after 1921, 12,368 pairs of bald-eagle feet were LET CANADAGO AHEAD AND BUILD THE SEAWAY careful consideration has approved the delivered to the officials of Alaska for Canada has offered to build the St. Senate bill as it passed the other body the 50-cent bounty. In 1923 the bounty Lawrence seaway on its own, if the United unanimously. There is general demand wa raised to a dollar, and in 1949, 12856 CONGRESSIONAL RECORD-HOUSE 1940 when Federal protection was extended OCTOBER 9 to the eagle. However, to avoid delay in the though opposed by Governor Gruening, enactment of that waysstatute, of southern arising from Alaska. pro- He made a census tests coming fromalong Alaska 837 and miles without of shore any line, counting 677 it was raised to $2. During the 18 years finding that the protection of the eagle in from 1923 to 1940 bounties were paid on bald eagles, and average of 0.81 eagle per Alaska was not necessarymile; a largeand appropriate,census mileage on Admiralty 91,091 birds. The Territory of Alaska the 1940 bill was amendedIsland yielded to exempt a figure Alaska. of 0.89 eagle per mile. has paid p, total of nearly $100,000 for The Introduction Perhapsin the aEighty-first more accurate Con- measure of ability the destruction of 103,459 eagles. This gress of bills to amendto withstand the 1940 persecutionact extend- is the number of information was given in a report to the ing protection to theactive eagle nests; in Alaska along was much thus of the shore line Fish and Wildlife service in 1941 and a matter of unfinishedabout business.one to three The occupied origi- nests were found nal exemption seemed to carry no serious the slaughter of the bald eagle in Alaska in an average 15-mile section. threat to the eagle inEagles Alaska, are especiallybut the reen- vulnerable to persecu- still continues while the committees sleep actment of a bounty law in 1949 added an and permit this legislation for the pro- tion. The reports of concentrations-12 in economic motive 180to theyards predatory on Admiralty propen- Island, 32 in Keku sities of those tection of this national symbol to be whoStrait, shoot thirty-plusthe bird and at madeAnan Creek on July 11 pigeon-holed. Where does the opposi- Federal protection (withessential. a report of 100 seen the week before), tion to this worthy legislation come The history of the45 bountyat Rodman in Alaska Bay isand sig- Creek, Baranof Is- from? You may draw your own con- nificant, both in land-areillustrating indexes the unsound of vulnerability, not of clusions. economics of bountiesabundance. and in documentingSuch concentrations, along I include in this connection an inter- the record of the destructionshores accessible of the toeagle gunners, in of birds nor- Alaska. From 1917mally to 1940 dispersed Alaska overoffered wide a areas, expose the esting article entitled "The Bald Eagle bounty on eagles at 50 cents a bird from Irston R. eagle to devastating slaughter. Moreover, With a Price on Its Head," by 1917 to 1923 and theat $1eagle after is 1923.a large In bird; 1941 perching conspicu- Barnes which appeared in the Atlantic the appropriation ouslyfor the on bounty the tops was of elimi- the Sitka spruces and Naturalist, volume 7, No. 1, September- nated; none was otherprovided tall in trees1943; onand the in coast, they make October 1951 issue: 1945 the law providingstriking for picturesa bounty andon theeasy targets. Their eagle was THE BALD EAGLEWITH A PRICE ON ITS HEAD rescinded.large In nests1949 theare Alaska easily Leg-spotted, and birds on islature reenacted the bounty (the vote being (By Irston R. Barnes) or near the nests are ready victims. 23 to 1 in the AlaskaNo House conclusions and 12 toas 3to in the total Alaska The bald eagle, since the Nation's begin- the Senate); Governoreagle Gruening,population althoughcan be drawn from the nings, has been the symbol of our aspirations, opposing the bounty,available allowed figures. the measure The concentrationto figures of greatness promised and of greatness ful- become law withoutgive ahis wholly signature. false impressionThe of abundance. filled. It was a fitting symbol of a vast and bounty was fixed atLikewise, $2. 0.81 times the shore line would be bounteous land, of majestic mountains and The slaughter anof unreliablethe eagles figure;under thethe northern coasts do of limitless horizons of plains and encircling stimulus of the bountynot support has been as appalling.large a population as the oceans. Ralph H. Imler's unpublishedsouthern coast report where to the study was made. The living symbol should have been hon- Fish and Wildlife CertainlyService, Alaska it may Bald not Eaglebe assumed that there ored, preserved, and protected. Yet the eagle Studies, 1941, placedis a vastthe breeding destruction population at in the interior has been hunted and persecuted, so that few 103,459 eagles fromthat 1917 can to balance1940. bounty persecution along adults and fewer children have thrilled to "The Territory ofthe Alaska coasts. first Eagles paid bountytend to be concentrated its soaring flight. In Alaska, it has been sub- on bald eagles in along1917. theDuring waterways; the 5 years, they are not spread jected to the final indignity of being stig- 1917-21, 12,368 pairsover of feetthe werewhole presented interior. The counts matized an outlaw with a bounty on its for the 50-cent fee.were In made1923 thewhen bounty the birds was were concentrated claws. If it disappears as a living species, raised to $1 and morealong thehunters coast became following in- the spawning runs the bald eagle will become for all times a terested in killingof eagles.salmon. DuringIf for theargument 18 it be assumed symbol of our incapacity to safeguard our years from 1923 tothat 1940 there bounties are threewere nests,paid or six breeding resources, of the failure of twentieth century on 91,091 birds. Thusbirds, the for Territory every 15has miles paid of Alaska's 34,000 America to preserve for succeeding genera- a total of nearly $100,000miles of for shore the line,destruction the breeding population tions the good earth and its creatures. of 103,459 eagles." wouldStatistics be about obtained 14,000 on birds; an if each pair suc- When our country was first settled, the annual basis from ceedsthe Territory'sin raising twotreasurer's young, an unwarrantedly bald eagle lived in virtually every State. To- office are not whollyhigh comparable,assumption, showing the coastal population day a few scattered populations survive. In higher totals for thewould earlier be years28,000 and adults having and young; and the the States, the eagle is now represented by no figures for 2 years,annual 1933 kill and based 1935. on the 1949-50 figures, be- significant populations only in Florida and comes 25 percent. in the Chesapeake Bay region. In Florida How can the Territory of Alaska justify the bird has been protected and encouraged, Disburse- Number of itselfments not only in opposingeagles protection for the but its population is still shrinking as en- eagle but in branding it an outlaw with a croaching community growth eliminates Year Bounty bounty for its destruction? It is said that $1,048.50 nesting sites. It has been estimated that the eagle is a menace2,097 to the game and there are 350 pairs nesting in Florida, per- 1,590.50 3,181 fish1,320. of 50 Alaska which, 2,641if not kept in check, hap: 150 pairs in Virginia, Maryland and 1917...... $0.50 will1,188.50 seriously deplete 2,377the wildlife resources 1918-...... Delaware. Scattered pairs are known in 19198...... 50 of1,06 Ofi5.50the Territory. More2,131 specifically, it is as- other States: probably not over 8 or 10 in 1919..------.50 1,659.00 3,318 1920-...... serted that as a predator the eagle lives on Georgia and the Carolinas, 8 in New Jersey, .50 1921...... 50 grouse,7,872.50 salmon, ptarmigan,15,745 rabbits, house- a few in the Lake States, 3 in Pennsylvania, 1922...... 50 cats, and fauns. perhaps 20 pairs in Maine, and a small group 2,498.00 2,498 Total.....--- As a general answer, it should be under- on the Santa Barbara Islands off the coast stood6,695.40 that all studies 6,695of predation have es- of California. Over much of its former range 1,630.00 1,630 1923-24...... 1.00 tablished2,082.00 that under 2,082normal conditions no the eagle has been extirpated. 1925-26 ....-----..:. 1.00 predator8,196. 00 destroys, or even8,196 seriously depletes, The northern race of the bald eagle, slight- 1927-28...... 1.00 the1,804.00 prey population on1,804 which it lives. The ly larger than the members of the southern 1929------... 1.00 4, 999.25 4,999 1.00 predator7,490.00 lives on whatever7,490 prey is most race with which we are familiar, has two 19320...... 1.00 abundant and most easily captured; it har- 19341...... -..-... 13, 009. 25 13.009 population centers-one in the maritime 1932...... ---- 1.00 12,vests 793.00 the surplus population.12,793 Predation is provinces of Canada, the other in Alaska and 1934------. 1.00 most2,500.00 severe when a multiplying2,500 prey species British Columbia. Only in Alaska has the 1936------0 1.00 1937-38...... - 1.00 overcrowds its environment. The effects of the eagle survived in significantly large 63,696.90 63,696 1939-40..--...---.. 1.00 14,910.00predation on a prey 7,455population cannot be numbers. estimated by counting the kill of predators; The disappearance of the eagle over much Total-...... 86,479.if the 40 surplus were not taken by the preda- 1949 to Feb. 15,1950- 2.00 of its former range emphasizes the fact that tor, the prey population would presumably there are danger points beyond which a pop- Total...... On the basis86,8896 of thebe subjectcombined to even figures, greater the reduction in num- ulation may not be reduced if the species is total kill appears tobers have through been 114,291. internecine fighting, disease, to survive. Many factors combined to reduce The eagle populationand starvation.cannot long Thesurvive Malthusian law op- the eagle population in the United States- such intensive persecution.erates inexorably The among50-cent wildlife populations. the spread of urban populations with conse- bounty produced anA averagegeneral answerslaughter is not of enough in the case quent destruction of nesting sites, indus- 2,624 birds a year. ofA theyear bald(1949 eagle. to February An examination of the trialization and pollution of rivers, lumber- 16, 1950) of the specific$2 bounty counts pushed in the the indictment against ing which has both destroyed nest sites and the eagle is possible. In 1941, the Fish and altered the flow of rivers, and, of course, the slaughter to 7,455. Wildlife Service made a study of the eco- stupid persecution which the ignorant have For 4 months, Maynomic to August,relations in of1941, the Mr. bald eagle in Alaska, directed against all predators. Imler traveled 4,880analyzing miles along the stomachsthe water- of 304 birds. This The precarious position of our national is the only study on the basis of which the symbol was recognized by the Congress in eagle's diet may be judged. 1951 CONGRESSIONAL RECORD-HOUSE 12857 The eagle feeds largely on fish; 79 percent on the islands where foxes are kept, thereby Deler.te BARTLETT, Of Alask', appeared in of its food was fish. Salmon constituted forcing the eagles to nest elsewhere. Even opposition to the bills, questioned witnesses, 23.8 percent, herring 3.5 percent, and 51.7 occasional depredations on foxes could be and introduced four letters opposing protec- percent was fish of no economic significance. prevented by penning the fox pups. Penning tion for the eagle. All revealed biological Unlike the osprey, which it enjoys hijacking, would have important advantages for the illiteracy and self-interest. Otis H. Speer, the bald eagle is more of a scavenger than fox farmer: it would cut the losses due to who obviously confused the bald eagle with a predator, and this is particularly true of parasitic diseases, which often break out the golden eagle, asserted in a letter to the its consumption of fish. Dr. Clarence Cot- among crowded fox populations; and furs Ketchikan Daily News that the bald eagle of tam, Assistant Director of the Fish and Wild- from penned foxes bring appreciably higher Alaska is a "distinctive kind and different life Service, has stated that the great pre- prices than furs from foxes which have been breed" from the national emblem. Emery F. ponderance of salmon taken is carrion, for running free on the islands. In appraising Tobin identified himself as editor of the after spawning the adult salmon die and are the testimony of fox farmers against the Alaska Sportsman. But the pooh-bah in the cast upon the stream banks. In his con- eagle, it is well to remember that in Florida opposition was Harry T. Cowan, owner of sidered opinion, only occasionally is a live where the eagle is protected and encouraged, Cowan's Sports and Clothing Center, presi- salmon taken. However, salmon is of great there are instances of eagles nesting in dent of Alaska Sports and Wildlife Club, and economic importance to Alaska, and it is chickenyards with no records of their taking secretary-treasurerof the trappers unit. The particularly noticeable that when the sal- the chickens under their nests. final opponent identified was C. R. Snow, mon enter the shallow waters of the streams Exaggerated notions are still current re- of Ketchikan. Obviously, these opinions and to spawn they are vulnerable to predation garding the size prey that an eagle can take. judgments are entitled to little weight. It by eagles, bears, and Indians as well as by Tales of eagles carrying off babies are now would be clearly unfair to the majority of white fishermen. However, in the course of universally recognized as pure fantasy. Alaskans to judge them in terms of their his 1941 field investigation, Mr. Imler en- Equally fanciful are stories of eagles attack- self-appointed wildlife experts. countered only one instance in which an ing sizable dogs, sheep, goats, and deer. An The support for the bill marshaled emi- eagle may have been carrying a salmon that eagle will not attack anything it cannot nent biological and conservation authorities. was not carrion. Eagles do take live fish; carry off, and an eagle, weighing only 8 to It was conclusively demonstrated that the many sculpins, flounders, and gadids are bald eagle does no damage to salmon or to 14 pounds, cannot lift more than its own sig- taken alive by Alaskan eagles, but these are weight. the fox-farming industries, that it is not not commercially important fish. nificant in limiting game populations, that The bounty can lead to the virtual ex- bounties accelerate the destruction of the The occasional live salmon that the eagle termination of the eagle along the Alaska takes cannot possibly affect the salmon fish- Alaskan eagles, and that the eagle should be coast. The reports of 50 to 100 eagles over protected both as a symbol of independence eries. Indeed, studies on the Alaskan rivers the spawning grounds of salmon, of 45 birds have revealed that large spawning runs do and freedom, as a tourist attraction, and as in 6 miles in Prince William Sound, or of 12 a legitimate part of the Alaska fauna. How not necessarily result in large production of birds in 180 yards underscore its vulnerabil- young and large returns several years later; then did the legislation, having passed in ity. The eagles concentrated by the abund- the House of Representatives, fail to be re- on the contrary, large broods with good sur- ance rela- of carrion represent the population of ported out of the Senate Committee on In- vival rates sometimes are produced by vast areas. The slaughter along the coasts tively small runs. Any actual or supposed terstate and Foreign Commerce? and streams can not only eliminate the resi- The answer seems to lie in the inconsistent reduction of the number of spawners by dent population, which might otherwise predation, therefore, has little, if any, effect be and disturbing position taken officially by a real tourist attraction, but can also seri- the Department of the Interior in a letter of on the salmon populations, compared with ously deplete the interior population. the effect of conditions that determine the March 29, 1950, to the chairman of the House sur- The economics of the bounty system ex- Committee on Merchant Marine and Fish- survival of eggs and young. The rate of plains astonishingly low. On the the special interest nature of the eries. William E. Warne, Acting Secretary, vival is often law. Inasmuch as the eagle Karluk River, the average number of young is not a harmful stated that the proposed legislation was un- predator, the payment of "nearly a hundred necessary as the Department had authority red salmon returning to the sea is less than thousand laid, and 79 percent of dollars for the destruction of under the Alaska Game Law of July 1, 1945, 1 percent of the eggs 103,459 eagles" this 1 percent is lost during their ocean Is actually a raid on the to adopt protection whenever it is deter- The average red salmon lays Territorial treasury. This point was made mined that the bald eagle or any other existence. by Mr. Albert Day, 3,700 eggs; perhaps 37 young fish reach the director of the Fish and species of wildlife needs the protection af- ocean; only 8 return to spawn. At Little Wildlife Service, in a telegram quoted by forded by that law. And there is nothing of Port Walter, the percentage of survival of Governor Gruening in a letter of March 21, record to support his conclusion that al- young to eggs from 1941 to 1950 ranged from 1949, to the speaker of the Alaska house: though various bounty laws relating to the 0.2 to 6.4 percent, averaging 2.1 percent. "Eagles in Alaska feed chiefly on carrion takirg of bald eagles have been in effect in The modern trend in fishery biology is to and predatism on game animals and fish the Territory for many years, the effect of regard the number of spawning fish, above limited. Bounty on eagles as provided Ter- these laws on the population of the bird the required minimum, as less important ritorial house bill 77 not justified under appears to have been largely negligi- than the conditions that the hatching eggs present conditions. Such legislation if en- ble. * * * Thus, although this Depart- and small fry have to surmount before they acted will result in needless destruction of ment is opposed to any bounty law as such, return to the ocean. eagles and wasteful expenditure of Territorial it does not appear that there is any necessity funds. Waterfowl constituted 15.5 percent of the It should not be permitted to pass." at the present time to attempt to override food of the 304 eagles, with ducks amount- The bounty benefits a special segment of by Federal regulations the Territorial legis- ing to 9.3 percent. The ducks were prin- the population: The fox farmers, who bait lature. cipally scoters taken along the coast, a duck eagles in with disease-killed fox carcasses; On June 8, 1951, a subcommittee of the so little prized by hunters that they are sel- the fishermen, whose high-powered rifles House Committee on Merchant Marine and dom picked up when shot. Ducks are im- shoot eagles out of the spruces around their Fisheries held hearings in executive session portant In the eagles' diet principally in the anchorages; the trappers, who throw out on H. R. 1870, a bill to extend protection to winter months. skinned carcasses of trapped animals to lure the bald eagle in Alaska. Only two wit- the eagles down; the bounty hunters, were present-Dr. Clarence Cottam Mammals were only 2.9 percent of the who nesses find easy pickings among the eagles that and Donald J. Chaney of the Fish and Wild- food of the eagles analyzed. Deer remains crowd in to feed on the salmon that die life Service-in addition to Delegate BARr- amounted to 1.1 percent of the stomach after not spawning. The bounty is paid by the LETT. On this occasion, the Fish and Wild- contents. But this consisted of carrion, taxpayers who contribute to Alaskan reve- life Service took a strong position in opposi- deer killed by the birds. No fox remains were nues, and indirectly and more largely by all tion to the bounty, but it did not advocate found in the 304 eagle stomachs examined those who might have benefited commer- absolute protection for the eagle in Alaska, and no first-hand evidence of preying on cially if more Alaskan wildlife survived to and it neither opposed nor supported the foxes were encountered. Nevertheless, the attract more tourist interest. pending bill. The chairman of the subcom- fox farmers interviewed were unanimous in An analysis of why the legislation to pro- mittee reported hundreds of letters in sup- accusing eagles of preying on their stock. tect the eagle in Alaska failed is revealing. port of the legislation and one was read into A letter to the House subcommittee from The Grant-Angell bill3 (H. R. 5507 and H. R. the record in opposition. I. E. Williams of Juneau supplies one ex- hearing the subcommittee seemed planation of the allegation of eagle preda- 5629, 81st Cong.) were strongly endorsed by At the spokesmen for the leading wildlife and con- reluctant to impose protection against the tism on foxes. On the coastal island fox opposition of the people of Alaska, perhaps farms, multiplication servation organizations: American Museum and crowding lead of Natural History, National Audubon So- because the Federal Alaska game law could to the outbreak of disease; the dead foxes ciety, Wildlife Management Institute, the be Invoked to protect the eagle if the De- scattered about the island attract eagles; Emergency Conservation Committee, Na- partment of the Interior were convinced that each eagle shot by the farmer allows him to tional Forest Association, and the Wilderness such a step was essential. There seemed a salvage a $2 bounty for his dead fox. Society. Some 30 letters supporting the leg- disposition to compromise with nothing The fox farmers have adequate means for islation were received by the subcommittee more than a warning to the Alaska Legisla- safeguarding their animals without shooting from individuals and organizations, includ- ture that a failure to remove the bounty eagles. Some measure of protection could ing the Isaac Walton League of America and might lead to favorable action on the bill. be had by cutting down the large nest trees various State and local Audubon societies. But as the Alaska Legislature does not meet 12858 CONGRESSIONAL RECORD-HOUSE OCTOBER 9 until 1953, the eagle would be exposed to at erally enacted game law. Wildlife, especially passed unanimously in committee. least two more years of intense persecution. birds, are the exclusive property of no one When this bill was reported out of com- All interested in the protection of en- region. The Migratory Bird Treaties have miRee it was reported out without hear- dangered species are concerned to under- aligned sovereign nations in conventions to stand the position of the Department of the protect migrating birds. The Migratory Bird ings with a bare majority present-13 Interior. It is apparently compounded of Treaty Act extends Federal protection in this members. diverse elements. The bounty is opposed; country regardless of what action the States I would like to have the opportunity to it is without justification. The eagle is con- may take. Similarly, there was no question offer a substitute to repeal the Talt- sidered to be fairly common in Alaska; it is of separate State's rights when the 1940 Bald Hartley Act, and other Members of this not in immediate danger of being wiped Eagle Act was passed. It was difficult to un- body, I am sure, would like to have the out. Public opinion in Alaska Is reported to derstand the logic of the Alaskan exemption opportunity to offer amendments to this be strongly adverse to granting protection in 1940; it is more difficult to understand it particular bill. to the eagle; enforcement would present se- since the restoration of the bounty on eagles rious difficulties for the available staff. in 1949. By adopting a rule of this kind we are While respecting the good will and compe- Charles L. Broley, who is as intimately ac- setting up a procedure where it will be tence of the Department and its Fish and quainted with bald eagles as anyone who has more difficult to repeal the Taft-Hartley Wildlife Service, many conservationists and studied them, has suggested that the eagle Act. There are vicious provisions in that most Audubon members are compelled to should be brought under the protection of law, numerous provisions that are very question both the facts and the conclusions the Migratory Bird Treaty Act. As a retired oppressive to labor. In fact, the law in cited as reasons for not supporting protec- Canadian banker wintering in Florida, he its present form is unworkable and the tion for the Alaskan eagle. The considera- has during the past 12 years climbed to nests tions in support of protection warrant imme- more than 800 times and banded some 1,200 Members of this body should not be de- diate enactment of a Federal protective birds. Recoveries of his banded birds have nied the opportunity of offering amend- statute: shown that Florida eagles after nesting early ments and making corrections they 1. There Is virtually universal agreement disperse to the north during the summer, think proper. The way we are proceed- that the bounty is unjustified. The Depart- even reaching into Canada. He is convinced ing here today, if this rule is adopted, in ment is opposed to any bounty law as such. that the eagles along the Alaska coast move my opinion, will severely cripple our Mr. Day, Director of the Fish and Wildlife south along the British Columbia coast dur- chances of repealing the Taft-Hartley Service, has stated to Governor Gruening ing" the winter and he asserts that Canada law in the future. that the bounty would result in needless has a legitimate interest in the eagles being destruction of eagles and wasteful expendi- shot in Alaska. I realize I am speaking out here today ture of Territorial funds. Dr. Clarence Cot- The present Congress should consider and as a lonely voice in the wilderness. I tam's testimony on the food habits of the enact a law amending the Act for the Pro- know that the machinery is well greased eagle demonstrated that there is no eco- tection of the Bald Eagle of June 8, 1910, and that the rule will be adopted, but nomic basis for the persecution of the eagle. extending mandatory protection to Alaska. here is what we are doing: We are get- Dr. Ira N. Gabrielson, the respected former The measure should not be tabled with a ting ourselves in a position where we are Director of the Fish and Wildlife Service and warning to the Alaska legislature that the going to a gentleman in the other bounty should be repealed. The act should body, president of the Wildlife Management In- the author of the Taft-Hartley law, and stitute, gave unqualified support to Federal be passed even if the bounty law is rescinded. legislation protecting the eagle, and cited Public hearings on the measure should be to his friends, calling upon them for re- the bounty-which gives bounty hunters an held. And all conservation and wildlife or- lief, when we find situations that are op- excuse to be in the field at all times of the ganizations should assume responsibility for pressive in this act, and there are 50 or year with a gun, thus increasing the illegal securing a full record with a proper interpre- more oppressive and unworkable sections kill of other game species and leading to vio- tation and evaluation of the technical evi- in the Taft-Hartley law. lations of other conservation regulations- dence. The protection of the bald eagle in Mr. Speaker, I' am against this pro- as an added reason for mandatory protection. Alaska is long overdue. cedure. I feel that legislation of this The enactment of the Federal law would not Mr. ELLSWORTH. Mr. Speaker, I type effect should not come to the floor of the a repeal of the Alaska bounty law, but yield myself such time as I may require. House under a closed rule. collection of a bounty would be evidence of Mr. Speaker, I concur in the state- having killed an eagle. A few convictions Mr. SABATH. Mr. Speaker, I move with $500 fines would soon make the $2 ments made by the chairman of the the previous question. bounty seem poor business. Committee on Rules, the gentleman from The previous question was ordered. 2. There was no competent evidence pre- Illinois [Mr. SABATH] concerning the Th3 SPEAKER. The question is on sented at the hearings that the eagle could pending rule. The rule makes in order the resolution. survive in the coastal area under the acceler- consideration of the bill, which I be- The resolution was agreed to. ated bounty slaughter of recent years. All lieve has had nearly the unanimous ap- Mr. BARDEN. Mr. Speaker, I move the competent authority that spoke to the proval of the Committee on Education that issue the House resolve itself into the took the position that Federal regula- and Labor. The purposes of the bill are Committee of the Whole House on the tion is needed. No comparative studies have certain problems been presented to justify the statement by two. First, to resolve State of the Union for the consideration Mr. Warne, Acting Secretary of the Interior. arising from Supreme Court decisions, of the bill (S. 1959) to amend the Na- that "the effect * * * on the population and, second, to dispense with the require- tional Labor Relations Act, as amended, of the bird appears to have been largely neg- ment in the existing law that an election and for other purposes. ligible." A contrary conclusion finds more be held before a labor organization or The SPEAKER. The question is on support. an employer can make a union-shop the motion of the gentleman from North 3. Alaskan opposition to protection for the agreement. I am informed there is vir- Carolina [Mr. BARDEN]. eagle has been exaggerated and accorded far tually no objection on the part of either The motion was agreed to. too much weight. At the time of the June There 8 hearing, only one Alaskan had written in labor or management to the bill. Accordingly, the House resolved itself opposition to the present bill; only four certainly should be no objection to the into the Committee of the Whole House wrote in opposition to the earlier bill. Sure- rule, which makes in order the consid- on the State of the Union for the consid- ly there is no justification for shaping public eration of the bill which has already eration of the bill S. 1959, with Mr. EVINS policy to the selfish interests of those who been passed by the other body. in the chair. sell guns and ammunition or of the bounty Mr. Speaker, I have no further re- The Clerk read the title of the bill. hunters. Equally there is no warrant for quests for time on my side, and reserve By unanimous consent, the first read- deferring to those who erroneously think that the eagle is a menace to fox farming, salmon the balance of my time. ing of the bill was dispensed with. fisheries, and wildlife generally; deference to Mr. SABATH. Mr. Speaker, I yield 3 Mr. BARDEN. Mr. Chairman, I yield their mistaken beliefs only confirms them minutes to the gentleman from Ken- myself 2 minutes. in their errors. Indeed, enactment of the tucky [Mr. PERKINS]. Mi Chairman, I take this opportunity bill could be the beginning of a more ade- Mr. PERKINS. Mr. Speaker, I rise in to correct the RECORD to some extent. quate public understanding of the rightful opposition to the rule. There is no rea- The gentleman from Kentucky just re- place of the eagle among Alaskan wildlife. son why any legislation of this type marked about the committee meetings. It need not be feared that with "absolute pro- should be brought on this floor under a I want to assure the House that every tection" the eagle would multiply to the point of becoming a menace to fisheries and closed rule. We are coming in here with Member of the committee knew exactly wildlife. an amendment to the Taft-Hartley Act, what was coming up, and every member 4. The "State's right" argument against the S. 1959, introduced by Senator TAFT in of the committee had ample time to dis- protection of wildlife is out of step with the the other body, and requesting the House cuss the bill. When the committee as- times, as well as being misplaced in its appli- to go along with the closed rule. It has sembled it was not a unanimous vote, as cation to a Territory operating under a fed- been stated here today that S. 1959 the gentleman from Illinois Indicated 1951 . CONGRESSIONAL RECORD-HOUSE 12859 awhile ago. I did not make the state- to the administrative trouble and ex- amendment to the Taft-Hartley Act, as ment; he did. There were two votes of pense of holding the elections when they some of you are aware, but these happen "present," one of which since has are usually one-sided anyhow? For that to be two amendments that have not changed to a vote of "aye" and there reason I am quite in accord with the stirred up any opposition as to their were two votes recorded against it. provision eliminating the necessity for merits. I only make this statement, Mr. Chair- a union-shop election prior to the nego- One relates to the closed shop. The man, to assure the House that we are not tiation of a union-shop contract. experience of the Labor Relations Board having any squabbles or fights in the In substance this covers what the bill and labor organizations and manage- committee, and there is no question does. I know that there is some oppo- ment is that under the present arrange- about getting 13 members there to do a sition to it by certain groups and I ment the compulsory election for closed particular job. I never ask why a per- imagine they will speak for themselves shop was not workable and did not prove son is absent from the committee, but or those in Congress who represent their to be of any benefit to either side, but, the committee functions and every mem- viewpoint will probably disclose that as a matter of fact, was more or less of ber of the committee, including the gen- fact to you later. But it seems to me a nuisance. They are safeguarded in tleman from Kentucky, does a good job. that an argument to the effect that un- that when 30 percent of them want an We work together. less we repeal the entire Taft-Hartley election they can call it; but at the pres- Mr. Chairman, I yield 5 minutes to the Act no changes should be made, even ent time it is compulsory to hold the gentleman from Minnesota [Mr. WIER]. when in line with what labor organiza- election. Mr. McCONNELL. Mr. Chairman, I tions wish, is somewhat fallacious. We The other item was by far the most yield myself such time as I may use. heard that same argument when we important and certainly a rather ex- Mr. Chairman, I rise in support of brought forth the Wood bill. At that pensive proposition. A considerable Senate bill 1959. As amended and time we agreed to 20 changes in the Taft- period of time elapsed between the pas- passed by the other body, the bill is Hartley law, all in line with the wishes sage of the Taft-Hartley Act and the a simple one. It validates certain labor of the various leaders of labor organiza- time when the two major labor organi- contracts signed between employers and tions In this country. This is one of zations, the A. F. of L. and the CIO, the A. F. of L. and CIO unions dur- the amendments we agreed to at that signed the non-Communist affidavits. ing the period after the passage of the time, namely, doing away with the Many contracts were made by these or- Taft-Hartley law, when there was so union-shop-election requirement. It is ganizations with management. The much controversy about the signing of quite aside from the point and not a contracts were and are agreeable. The the non-Communist affidavits by the sound argument, in my opinion, to say work is going on. There is no question top officers of those two major organi- that because we are not repealing the of trouble about the contracts. Then, zations, and the date when they ac- Taft-Hartley Act we should vote for no the Highland Park Co. case went to the tually complied with the requirement. changes, even though they might be in Supreme Court, and the Supreme Court As you will recall, there was a time fol- line with what labor organizations wish. decided that any of those contracts lowing the passage of the Taft-Hartley Mr. VELDE. Mr. Chairman, will the signed prior to the signing of the non- law when the NLRB held the opinon that gentleman yield? Communist affidavit, as required in the only local unions involved in contracts Mr. McCONNELL. I yield to the Taft-Hartley Act, were not good, and with employers would have to sign the gentleman from Illinois. it would be necessary to hold other elec- non-Communist affidavit, and they so Mr. VELDE. At the time this came tions. According to the report from the held. Later, to be exact, in May of 1951, before the committee the gentleman will National Labor Relations Board, that this year, the Supreme Court held in the notice that I voted present because I was would cause some 4,700 election, to be Highland Park Manufacturing Co. case not quite familiar with the contents of held unless this corrective legislation that the top officers of the national and the bill and how it would affect enforce- is passed. About 4,700 on that particu- international unions, the A. F. of L. and ment of the Taft-Hartley Act. I was lar proposition. It is estimated that the the CIO would also have to be in compli- afraid at that time this bill would be a actual bedrock cost of holding these ance with the Taft-Hartley law by sign- means of getting around the require- elections would be somewhere close to a ing the non-Communist affidavit in order ment that union officials file non-Com- million dollars. that contracts be valid when the facili- munist affidavits. However, I now con- The CHAIRMAN. The gentleman ties of the NLRB were used. That deci- cur in the statements made by the dis- from North Carolina [Mr. BARDEN] has sion cast a grave doubt over the validity tinguished chairman of the Committee consumed 5 minutes. of representation certificates and union- on Labor and those made by the ranking Mr. BARDEN. Mr. Chairman, I yield shop authorization certificates issued by minority member of that committee re- myself five additional minutes. the Board prior to the date when the CIO garding this bill and I shall support it In addition to that cost there would and AFL officers complied with provi- wholeheartedly. be necessary legal expenses, and so forth, sions of 9 (f) (g) and (h) of the Taft- Mr. McCONNELL. I thank the to the extent that they can see an ex- Hartley law. gentleman. pense of probably in excess of a million The dissenting opinion in a recent de- Mr. BARDEN. Mr. Chairman, I yield dollars in holding elections that the cision of the NLRB on July 11, 1951, myself 5 minutes, unions can see no need to hold, and man- stated that the remedy lies with Con- Mr. Chairman, I appreciate the re- agement can see no need to hold, and gress, and not with the Board. He ex- marks of my friend, the gentleman from no good to come from them. On the pressed the opinion that only by action Illinois. I want to report that our com- other hand, it very likely would encour- of Congress could the contracting parties mittee is getting along fine. I have age one union through its enthusiasm rely upon union-security agreements never seen a group of men cooperate any probably to invade another, and the after the May 1951 Supreme Court deci- more nicely, or work together any bet- other doing likewise with them, with the sion. I am in accord with that view- ter. So far, I think only about one bill employer caught in between the two point and it is for that reason that I has come out with a split vote. I hope rocks, certainly that would not be very support the pending bill. the dove of peace continues to hover good for either party or the public. So Not only does this bill validate certain over our committee. this piece of legislation comes to you contracts involving union-shop elections Mr. Chairman, this bill (S. 1959) came with a justification from both sides; but it also does what many of us tried to us from the Senate. It passed the and, so far as I have been able to learn, to do under the Wood bill, that is, do Senate by unanimous consent. The it comes without any question as to its away with the requirement or necessity Committee on Education and Labor, af- merit or as to the necessity and wisdom of a union-shop election prior to the ter considerable study by the members, of passing it. time when the labor representatives and including the chairman, approved the I hope the House will adopt the bill. employers could sign union-shop agree- bill and reported it to the House. I do not believe there will be any lengthy ments. As you probably realize those There are only two things covered by debate, but if there are any questions union-shop elections have been won this bill. Both of them are time saving concerning the legislation I am sure overwhelmingly by the unions and the and money saving. Neither of them is either the gentleman from Pennsylvania general reaction or feeling is, why put opposed on the ground that it is not [Mr. MCCONNELL] or myself will attempt the Government and the various boards wise. There is some opposition to any to answer, 12860 CONGRESSIONAL RECORD-HOUSE OCTOBER 9 Mr. MORANO. Mr. Chairman, will contract. That was later cleared up by man. No hearings have been held in the gentleman yield? a decision of the National Labor Rela- either body as to whether this is a unan- Mr. BARDEN. I yield. tions Board that spread it to the next imous decision of labor or whether there Mr. MORANO. I have had some cor- echelon of labor. Later they then in- is opposition to it. I want to say to you respondence with regard to another bill, terpreted the law to mean that all of that, speaking at the Minnesota State S. 1973. Can the gentleman tell me the international representatives of that Federation of Labor convention in Du- what that bill provides and if it is going local union likewise had to subscribe to luth last Monday, I found in my remarks to be reported by your committee? that oath. that the great majority of the delegation Mr. BARDEN. I am not familiar with Again later the question arose, because at that convention are opposed to this the bill by number. If the gentleman of the position of John L. Lewis, as to action. I have no quarrel, and I am not from Pennsylvania [Mr. MCCONNELL] whether the top echelon with which a going to quarrel, with these unions who knows about it I would be pleased to have labor organization might be affiliated find themselves in trouble at this time. him answer. also had to subscribe to the anti-Com- I sympathize with those unions that find Mr. McCONNELL. That bill is still munist affidavit. Again a decision was themselves in this predicament, but over in the Senate committee; it has not made later that that was a necessity; again I say that is all the result of been reported out of the Senate com- that any affiliation up and down the line mistakes and errors of judgment, and the mittee yet. No companion bill has been of an official of that affiliated local union haste with which the Taft-Hartley Act introduced in the House. That changes was also a party to this anti-Communist was originally passed. the 30-day requirement for joining a affidavit. That brought on this lawsuit. I have the bill here which was passed union under the union shop and also does I think most of you are aware of the fact by the other body. One of the authors away with the union-security-election that John L. Lewis has not signed that of this bill in the other body has readily requirement. oath to this day. It is also true that agreed to and subscribes to amendments Mr. MORANO. I thank the gentle- Mr. Murray, the president of the CIO, to the number of 32, which he is willing man. was reluctant and hesitant about sign- to support. So, I will accept that as the Mr. WIER. Mr. Chairman, in spite ing it because of his dislike for it, and number of grave errors that he con- of some of the statements that have been he withheld his signature for some time. fesses to in the Taft-Hartely Act. Some made here this morning, particularly It is also true that in the American of you can say "Well, listen WEIR, what the statement of the chairman of the Federation of Labor there were some is wrong with the Taft-Hartley Act?" Commitee on Rules who presented the international unions that did feel they I have been listening to that for 2 years. resolution for the Rules Commitee, that were bound by this particular oath, and What is wrong with it? I will tell you all of labor was supporting and behind they also withheld subscribing to this what is wrong with it. It is another this bill, I say to you that that is not particular oath. That meant when this piece of legislation which was passed in true. I for one as a member of the Court decision was made with that inter- a state of hysteria by the Congress be- American Federation of Labor over a pretation a number of international cause at that time I am fully cognizant long period of time am taking the floor unions, having local unions as well as of the fact that we had some rather dis- now to oppose this amendment to the their own international, found them- turbing labor disputes. It was concocted National Labor Relations Act. selves with a very perplexing problem on by the opposition of labor, the national The way in which this legislation is the basis of that Supreme Court decision. manufacturers and the open shop pro- before us today is unusual. It is here Where they had not signed the Com- ponents in this Nation, who brought it because of many, many mistakes and munist affidavits in accordance with the in. That was testified to, and subscribed errors that were made in the original law, all contracts under that interna- to, by some of the lobbyists that we had passage of the Taft-Hartley Act. We tional union and its affiliates became null before the Committee on Education and are here today considering two amend- and void. The result of that was the Labor of the House. We know who the ments to that infamous piece of legis- bringing into being this piece of legisla- authors of the bill are. We know who got lation. tion. It so happens that a few of these paid to draw it and prepare it and pre- In the closing days of the Eighty-first international representatives and some sent it. Congress one of the authors of this piece few members of affiliated locals, finding Now, when you ask me what is wrong of legislation by admission and by intro- themselves perhaps up against a raiding with this bill, it just so happens that duction of amendments in the other body fight, where the contract became void, perhaps the argument of today will not found that there was necessity for about both unions could start a campaign to fit the argument tomorrow if the Taft- 30 changes in the language and in the win the representation in that plant. Hartley Act is to remain on the statute various sections of the Taft-Hartley Act. So they appealed to a Member of the books. It so happens that I am a mem- That bill came to the House committee other body, who was joined by another ber of the labor committee that visited too late to be processed. As has been Member of that body, in the introduc- south of the Mason and Dixon's line. said here today, a majority in the House tion of this legislation to overcome this One of our jobs was a number of labor in the closing days of the Eighty-first difficulty. disputes down South. We had extensive Congress also agreed that in the experi- There were no hearings held, I might hearings. ence that had been had under the pro- say, in the other body, either. No hear- The CHAIRMAN. The time of the visions of the Taft-Hartley Act in the ings were held in either body on this gentleman from Minnesota [Mr. WEIR] short period of less than a year they legislation. So we do not get a test of has again expired. had found grounds, need, and necessity the proponents and the opponents here. Mr. WEIR. Mr. Chairman, I ask for at least supporting and endorsing 22 This bill passed under the most extraor- unanimous consent to proceed for five changes here on the House floor in this dinary and most unusual circumstances additional minutes. piece of legislation. in the other body, primarily perhaps be- Mr. BARDEN. Mr. Chairman, the This bill comes here today in a very cause of the two authors. It passed by chairman does not intend to use much unusual proceeding. It so happens, as unanimous consent. There were no time, but there are others who would has been said by the committee minority hearings on this legislation. I am sure like some time. I yield the gentleman and majority leaders, that as the result as a member of the Committee on Edu- one additional minute. of confusion in the original passage of cation and Labor of the House that there Mr. WIER. I will close by saying this: the law there was a feeling predominant have been no hearings on this. We are that I stand here today, as I will stand around the country, subscribed to by just following the same policy. It is here from now on, opposing this kind of some of the officers of the National Labor true, as the chairman of the committee legislation. Relations Board, that the language of says, that a meeting was called. I was Mr. BREHM. Mr. Chairman, will the the Taft-Hartley Act insofar as it ap- notified; however, I had some important gentleman yield? plied to the officials of labor unions hav- business to try to get some money for Mr. WIER. I yield to the gentleman ing to take the oath of anticommunism my dear, beloved State of Minnesota out from Ohio. was limited or confined in general to the of this $80,000,000,000 that the Govern- Mr. BREHM. The gentleman will re- officers of the local union involved in the ment is spending. So I was at the Pen- call that a joint nonpartisan committee particular controversy or the particular tagon, which was known to the chair- of the House and Senate Labor Com- 1951 CONGRESSIONAL RECORD-HOUSE 12861 mittees was appointed to study and ob- the Rules Committee, who forgot that he As to the action of the committee, we serve the workings of the Taft-Hartley promised me some time to speak against had 3 proxies, which made 16; otherwise Act. the rule, and makes the statement that the gentleman's statement is correct; Mr. WIER. Yes. all groups of labor are in favor of this but I am sure he will strike out those Mr. BREHM. And then they were to legislation, is not stating the fact. That words indicating some connivance when come back with recommendations as to is a misstatement of facts, and it is not he corrects his remarks because every changes which were anticipated would true. I represent a district that has member of the committee was well improve the act. Does the gentleman various kinds of labor groups in it. The informed. know if this present proposed legislation major labor groups in my district are the Mr. McCONNELL. Mr. Chairman, I is one of those changes recommended by United Mine Workers, and they are op- yield such time as he may desire to the that joint committee? posed to the bill. To say that the Amer- gentleman from Pennsylvania IMr. FUL- Mr. WIER. No. I disagree with the ican Federation of Labor is for this legis- TON]. gentleman. lation, only 2 weeks ago in their San Mr. FULTON. Mr. Chairman, I want Mr. BREHM. Well the gentleman will Francisco convention, they went on to place myself on record in opposition recall that such a committee was ap- record demanding outright repeal of the to the closed rule. I do not believe this pointed? Taft-Hartley Act. is the type of legislation that lends itself Mr. WIER. I must disagree with you. The gentleman knows that the CIO to fair consideration under that kind of There has been no such committee ap- favors repeal of the Taft-Hartley law; rule. The Congress should not adopt pointed from the Labor and Education only some groups within the two organ- the principle of closed rules for labor- Committee of the House. izations are back of this legislation. management legislation. Where human Mr. BREHM. I beg your pardon. You Mr. LANHAM. Mr. Chairman, will rights are involved, we in Congress must have misunderstood me. There the gentleman yield? should be careful to debate the questions was a joint committee of 14 members, Mr. BAILEY. I yield. fully and without arbitrary procedures seven each from both the Senate and Mr. LANHAM. Is that the only rea- in order to legislate wisely and justly. House Labor Committees who were to son they object to this legislation? Be- I do not believe this legislation goes make recommendations. This commit- cause they do not want to improve the far enough, but as the few steps in this tee was set up in accordance with sec- act but want to repeal it? bill are steps, even though short, toward tion 401 of Public Law 101-Eightieth Mr. BAILEY. If the gentleman wants more fair labor-management legislation, Congress-and they recommended some my answer, I am opposed to putting a I will support the bill and vote for it. 20 or more changes designed to improve new patch on a garment that was made I urge the Education and Labor Com- the act. Their report is No. 986, second out of rotten cloth in the first place; that mittee to give prior consideration to re- session of the Eightieth Congress. My is my answer. lieving the inequities in the present question was whether or not this bill Mr. LANHAM. I voted against the Taft-Hartley law. Labor and manage- is in keeping with one of their recom- Taft-Hartley Act myself because I ment are doing a fine job in cooperating mendations. I rather think it is. thought it was too oppressive and too for the national defense, and we in Con- Mr. WIER. I hope the House will de- strong at the time; but it seems to me gress should see that this voluntary co- feat this bill. I intend to vote against that if we can improve it we ought to do operation is encouraged. it, and I am going to ask for a roll call. so. I think there is very little chance of Mr. McCONNELL. Mr. Chairman, I The CHAIRMAN. The time of the ever repealing it-as a matter of fact I do yield 3 minutes to the gentleman from gentleman from Minnesota has again ex- not favor its repeal but its perfection Michigan [Mr. HOFFMAN]. pired. and interested to know if that is the of Michigan. Mr. to Mr. HOFFMAN Mr. McCONNELL. Mr. Chairman, I only objection the labor unions have Chairman, having the utmost confidence have no further requests for time on this this legislation. I cannot agree with in the members of the committee which side. the distinguished gentleman from West reported the bill, this is a rather embar- Mr. BARDEN. Mr. Chairman, I yield Virginia that it-the Taft-Hartley law- rassing situation for me. I just do not 3 minutes to the gentleman from West is made out of rotten cloth. It is not understand what section 18 means, that Virginia [Mr. BAILEYI]. a perfect labor relations act, neither is is as to whether this amendment goes Mr. BAILEY. Mr. Chairman, I have it the slave labor law it has been called. far enough to permit collective bargain- asked for this three minutes for the pur- By amendments like this it can be made ing if the union's officers still refuse to pose of telling some gentlemen on the a good law. sign the anti-Communist affidavit re- Committee on Education and Labor what Mr. BAILEY. May I say to the com- quired by the Taft-Hartley Act as a I think of the high-handed tactics back mittee that at this time what we need condition to collective bargaining. May of this legislation. This is legislative most in America is unity, and that I ask whether that is still necessary, or process at the worst. means unity among labor as well as other does the amendment just wipe out the First of all, there was no occasion for segments of our society. This legisla- old requirement? the request for a closed rule on this legis- tion approaches the same situation that Mr. McCONNELL, This validates lation. Whenever you have a closed you had when you considered the origi- certain contracts signed by the CIO and rule there is always some objective back nal Taft-Hartley law. The objective of the A. F. of L. after the signing of the of it. That is, of course, to deprive the legislation is to destroy the labor Taft-Hartley bill and before the top Members of the House of an opportunity movement by creating dissension among officers signed the non-Communist affi- to offer amendments to improve the the various labor groups of the country. davit they were required to sign. They legislation or to consider other amend- I am opposed to it and I would oppose are now in compliance with the act and ments. I do not like the collusion be- the rule had I been on the floor. I am made now would be valid. of my committee any contract tween the membership of our commit- sure the chairman Mr. HOFFMAN of Michigan. They tee which resulted in reporting out this knows that no later than this morning I will be required to sign the affidavit in resolution. There has been some talk at the time our own committee met the future before new contracts are by different members of the committee asked him for time to speak against the made? about what happened in the committee. rule. I thought I had made arrange- with the chairman of the com- Mr. McCONNELL. They will be re- There were just 13 of the 25 members of ments affi- the committee present. The chairman mittee, but apparently I had not. quired to sign the non-Communist claimed that two of them voted present I shall offer a motion to recommit this davit; that is true. and two of them voted "No." That means legislation at the proper time. Mr. HOFFMAN of Michigan. Then that this legislation was reported out Mr. BARDEN. Mr. Chairman, I yield as I understand the other section of the by nine members of the Committee on myself 1 minute. bill it is that union officials may without Education and Labor, if the gentleman's Mr. Chairman, I am sure my friend an election, without the approval of the statement is correct, and I have no doubt from West Virginia realizes that I have union members go ahead and agree upon but that it is correct. no control over the chairman of the Com- what you call a union shop-which in The objective of this legislation is to mittee on Rules who handled the rule, fact is a closed shop contract-with a defeat the labor movement. Anybody and I, of course, could not yield him any 30-day withdrawal clause. who gets up here, like the chairman of time that belonged to someone else. Mr. McCONNELL. That is right. 12862 CONGRESSIONAL RECORD-HOUSE OCTOBER 9 Mr. HOFFMAN of Michigan. Of section H-section 9 of the NLRA. The In many progressive States where course, that again is a closed shop, with enactment of S. 1959 will achieve certain working people have enjoyed strong la- the exception of the 30-day probation economies of more than a million dollars. bor organizations the act has not been as period. This amendment will save a It has been estimated that to repeat the harmful as in backward States. But considerable amount of money in that it elections necessary under the decision of even in these States it has retarded or- will do away with elections, and I sup- the Supreme Court would involve polling ganization because of fear of discrimina- pose the argument is, is it not, that the 2,000,000 union people at a cost of tion, and it remains as a threat which elections have always resulted in favor of $850,000. Investigation and litigation would become more real if the Nation the position taken by the union officials? would cost an additional $200,000. should slip into another "Old Deal" de- Mr. McCONNELL. Overwhelmingly. Second. These elections have placed pression, that some seek to lead us into. Mr. HOFFMAN of Michigan. But a heavy burden on the National Labor I will support this bill, but I want to there is also a question of principle in- Relations Board and have almost al- point out that it is still only a drop in volved. Is the Congress now saying to all ways resulted in a situation favoring the the bucket, so far as improvement to this the workers of America, to all those who union shop. If we can eliminate these unjust Taft-Hartley Act is concerned. must get their livelihood through their elections the Board will be able to devote I want to read to you an editorial from daily toil-I notice the clerical workers its time to the handling of representa- the Machinist, weekly publication of the in the union are on strike now, accord- tion and unfair labor practice cases. International Association of Machinists, ing to the papers-or to everyone who Third. This bill will validate those A. F. of L., which was published only a wants to work, that in addition to paying elections already taken by the Board few days ago and which gives us a little taxes to the Federal, State and local gov- which have been affected by the Su- background information about this bill ernments, he must also before he can go preme Court decision. In other words, and the law it seeks to amend: to work pay an initiation fee and then it would mean merely repeating the same THE ALL-UNION SHOP IS HERE TO STAY such additional dues and special assess- procedure that has been taken in a pre- You won't read much about it in the ments as may be levied by the union vious election. newspaper headlines, but up in Congress officials or by the executive officers of Let me say, however, that enactment they are getting all ready to wrap up a gift the national union with which his local of this amendment will in no way excuse for us poor, faceless characters who do the union is affiliated. You are short- work. disobedience to court judgments and Somewhere, in the back rooms where the cutting the procedure and as may some- court decrees which have already become decisions are made, they have agreed to times happen, it may be not very often final. Nor will this amendment rein- concede on the fight against the union shop. though, if you get a crooked employer state any unfair labor practice proce- From here on we can have the union and a crooked union official, the two of dures which have already been dismissed shop-if we can negotiate it-without even them acting together just can sell the by the Board. being required to line up and vote for it. poor worker right down the river, and if The bill already has been approved by the The bill continues to safeguard em- Senate. The House Labor Committee has they wish-out of his job. I do not see ployees against subjection to union shop how or why the House or the Congress also recommended approval by that body. agreements which a majority disap- Back 4 years ago when the Taft-Hartley should declare that in order that a man proved. The Board will still conduct bill was being debated, a lot of supposedly may work he must join a designated or- elections on the petition of 30 percent intelligent and well-informed Senators and ganization and pay whatever fee or fees or more of the employees in a bargain- Congressmen were convinced that we really may be levied by either the local, the in- ing unit. Both the National Labor Rela- did not care much for our unions. Con- ternational or the officers of either. I am tions Board and the general counsel for vinced by the lobbyists for the National As- a Lutheran. Maybe if I followed through sociation of Manufacturers that given a the Board have expressed themselves in secret ballot, we would vote against the all- the theory back of this legislation I favor of this legislation. This appears might make all workers join the Luth- union shop. to me to be only a common sense way ALMOST UNANIMOUS eran Church, become a member of our of meeting a difficult situation which was church, pay an initiation fee and pay So they put it in the Taft-Hartley Act never anticipated prior to the Supreme along with a lot of other mistaken ideas. so much every Sunday. I do not think Court decision of this year. The elec- is right. They made it illegal for any employer to that tions thus far held before that deci- grant a union shop unless and until the em- Ever since the Lord drove Adam and sion have already been admittedly hon- ployees voted for it. Eve out of the garden the average woman est and conducted in accordance with They were cute about it, too. Every other and man had to work, at least a little if the ruleL of the Board. For these rea- election requires a majority of those voting he would eat. This administration has sons I belfeve this amendment is not to carry the question. For the union shop made it difficult to meet the taxes im- they made the requirement a majority of only sound but makes good sense and all those eligible to vote. That meant that posed by existing tax agencies and to now is in accordance with the best interests add to those existing and exacting a man who was sick and could not vote on agen- of labor, the public, and the National election day was automatically counted as cies another which can impose a tax, Labor Relations Board. voting "No." compel its payment, before a man is per- When they started holding these elections, on even a defense job Mr. RHODES. Mr. Chairman, this mitted to work bill corrects only one of the many evils the politicians discovered that men and while his son is drafted to fight abroad women who work for a living know that they in the oppressive Taft-Hartley Act. It is get a better break in an all-union shop. is unjust. Much as I would like to curry to pacify the favor with the labor bosses I cannot take like throwing out crumbs The elections were almost unanimous. this one. I might add that Republican victims of a grave injustice. There are Not only did the elections fail to weaken many things wrong with this act which unions, actually they turned out to be a politicians, if any there be, who seek that bargaining tool to help convince the com- vote will not get it, Truman and his slick one of its authors admitted when he pro- posed some 30 different changes in the pany that its employees really preferred an advisers have whatever of it that can be law. all-union shop with everyone in the union. delivered, already "in the bag." Over the 4 years since Taft-Hartley was Mr. SPRINGER. Mr. Chairman, S. The fact this bill comes to the floor un- passed, 5,336,971 Americans went to the polls 1959, an act to amend the National La- der a closed rule and forbids debate and in Government-supervised union-shop elec- bor Relations Act which was passed in amendments to correct other features in tions. Here are the election results: this discriminatory law is in itself evi- the other body on October 1, 1951, should For the union shop--...------. 4, 886, 141 receive the approval of this body. Here dence of the injustice of this legisla- Against the union shop.------. . 450,830 is an instance where an amendment to tion. The real impact of this punitive legis- These votes were cast in 44,587 different the act is constructively in the interests plants and shops in every State and in every of the public, labor, and the Federal lation is felt by working men and women county in the United States, and in almost Government. in Southern States, where wages are the every industry. Ninety-seven percent of This amendment has my support for lowest and working conditions are the these elections went overwhelmingly in favor these reasons: poorest. It becomes difficult and almost of the union shop. First. In May of this year the Supreme impossible for factory and mill workers THREE MILLION DOLLAR MISTAKE Court held that the CIO and the A. F. of to organize a union without fear of eco- Now the antilabor forces in Congress are L. are national or international labor or- nomic reprisal to themselves and mem- willing to concede. They are going to ganizations within the meaning of-sub- bers of their families. amend the Taft-Hartley Act to withdraw 1951 CONGRESSIONAL RECORD-HOUSE 12863

the requirement that elections must be held The bill was ordered to be engrossed Mr. BAILEY. Mr. Speaker I object to before an employer can grant the union shop. and read a third time, and was read the the vote on the ground that a quorum A few months ago Congress also amended third time. is the Railway Labor Act to permit unions to not present and I make the point of negotiate union-shop agreements. Mr. HOFFMAN of Michigan. Mr. order that a quorum is not present. We can say now without fear of contradic- Speaker, I offer a motion to recommit. The SPEAKER. Evidently a quorum tion that the all-union shop is an Ameri- The SPEAKER. Is the gentleman op- is not present. can institution, established by 5,000,000 votes posed to the bill? The Doorkeeper will close the doors, as a permanent rule of collective bargaining Mr. HOFFMAN of Michigan. I am, the Sergeant at Arms will notify absent in the United States. Mr. Speaker. Members, and the Clerk will call the roll. in these The 5,000,000 Americans who voted Mr. BAILEY. Mr. Speaker, a parlia- The question Taft-Hartley elections not only showed that was taken; and there the all-union shop ir a popular and necessary mentary inquiry were-yeas 22, nays 306, not voting 100, part of labor relations, they also proved how The SPEAKER. The gentleman will as follows: far wrong Taft and company were when they state it. IRoll No. 194] voted in the Taft-Hartley Act. Mr. BAILEY. Mr. Speaker, as a mem- YEAS-22 union-shop election was only one of The ber of the Committee on Education and Bailey l?ull Staggers the minor mistakes in the act. Yet this Labor, do I not have the privilege of Bishop Kee Tackett mistake alone has cost Uncle Sam almost recognition? Brehm Kelley, Pa. Trimble $3,000,000, spent to conduct these elections, Mr. HALLECK. Mr. Flood O'Neill Walter to prove that any union member knew all Speaker, a par- Goiden Perkins Wier along, that it's always better to work in a liamentary inquiry. Hays, Ohio Ramsay Wilson, Tex. union shop. The SPEAKER. The gentleman will Hedrick Robeson state it. Hoffman, Mich. Sittler I am go- Mr. RABAUT. Mr. Chairman, Mr. HALLECK. May I inquire if it is NAYS-306 to recommit. ing to oppose the motion not the practice and the rules of the Aandahl Curtis, Nebr. Jenkins On August 23, I introduced in the House House of Representatives that the right Abbitt Davis, Ga. Jensen H. R. 5291, the provisions of which are to offer a motion to recommit goes first Abernethy Davis, Tenn. Johnson to those of S. 1959, the measure Adair Davis, Wis. Jones, Ala. identical to someone on the minority side? Addonizlo DeGraffenrled Jones, Mo. now before us. In addition to rectifying The SPEAKER. In response to the Albert Denny Jones, a condition which has grown out of con- gentleman from Indiana, that is cor- Allen, Calif. Devereux Hamilton C. flicting Supreme Court and National Allen, I111. D'Ewart Jones, rect, if he is a member of the commit- Andersen, Dingell Woodrow W. Labor Relations Board decisions, a step tee, reporting the bill. The Chair quotes H. Carl Dolliver Judd which has the endorsement of labor and from page 301 of Cannon's Procedure in Anderson, Callf.Dondero Karsten, Mo. management alike, the bill also amends Andresen, Donohue Kean the House of Representatives as follows: August H. Donovan Kearns the Taft-Hartley Act with respect to one A member of the committee reporting the Andrews Doughton Keating have proved un- Angell Doyle of the provisions which measure and opposed to it is entitled to rec- Kerr wise ever since that legislation was put Arends Durham Kersten, Wis. ognition to move to recommit over one not a Aspinall Eaton Kilday on the statute books. member of the committee. Auchincloss Eberharter King The first of these provisions of S. 1959 Ayres Elliott Kirwan will be very helpful in preserving the If anyone who is a member of the Bakewell Ellsworth Lane committee on the minority side desires Barden Engle Lanham stability of labor-management relation- Baring Evins Lantaff ships which is so important to the smooth to claim the right to offer a motion to Barrett Fallon LeConipte progress of the defense effort. The sec- recommit the Chair will recognize him; Bates, Mass. Feighan Lesinskl ond will prevent a needless drain on the otherwise he will recognize the gentle- Battle Fernandez Lind West Virginia. Beall Fischer Lovre resources of the NLRB by eliminating the man from Beamer Forand Lyle requirement that the NLRB hold elec- Mr. BREHM. Mr, Speaker, I offer a Beckworth Ford McCarthy tions to authorize the making of union motion to recommit. Bender Forrester McConnell Bennett, Fla. Fugate McCormack security contracts. The SPEAKER. The Chair will hold Bennett, Mich. Fulton McDonough The net effect of the bill is to let unions that the gentleman is not too late in Bentsen Garmatz McGregor and employers know where they stand offering the motion. Is the gentleman Betts Gary McGuire Blatnlk George McMillan with respect to activities undertaken in opposed to the bill? Boggs, Del. Goodwin McMullen relation to them by the National Labor Mr. BREHM. I am, Mr. Speaker. Boiling Gordon McVey Relations Board and to prevent a need- The SPEAKER. The Clerk will re- Bolton ' Graham Machrowicz Bonner Granahan Mack, Ill. less expenditure of money. port the motion, and that motion must Bosone Granger Mack, Wash. Mr. Chairman, the motion to recommit be in writing. Bow Grant Madden should be defeated and the bill should FULTON. Mr. Speaker, a parlia- Boykin Green Mahon Mr. Bray Greenwood Mansfield receive the support of every Member of mentary inquiry. Brooks Gross Marshall this House. The SPEAKER. The gentleman will Brown, Ga. Gwlnn Martin, Iowa The CHAIRMAN. All time having ex- Brownson Hagen Martin, Mass state it. Bryson Hale Mason pired under the rule, the bill is con- Mr. FULTON. I understood that the Buchanan Hall, Merrow sidered as having been read for amend- Speaker had already recognized the gen- Buckley Edwin Arthur Miller, Md. ment. Are there any committee amend- [Mr. BAILEY]. Budge Halleck Miller, Nebr. tleman from West Virginia Burdick Harden Miller, N. Y. ments? The SPEAKER. The motion offered Burleson Hardy Mills Mr. BARDEN. Mr. Chairman, there by the gentleman from West Virginia Burnside Harris Mitchell are no committee amendments to be had not been reported. This is comity Burton Harrison, Va. Morano offered. Bush Harrison, WyO. Morris that has always existed in the House of Butler Hart Moulder The CHAIRMAN. Under the rule, the Representatives between the majority Camp Harvey Multer Committee rises. Canfield Havenner Mumma and the minority, Cannon Hays, Ark. Murdock Accordingly the Committee ro.ce; and The Clerk will report the motion to Carlyle Herlong Murray, Tenn. the Speaker having resumed the chair, recommit. Carnanan Herter Nelson Mr. EvINs, Chairman of the Committee The Clerk read as follows: Chatham , Heselton Nicholson of the Whole fIouse on the State of the Chenoweth Hill Norblad Mr. BaREm moves to recommit the bill S. Chiperfleld Rillings Norrel'l Union, reported that that Committee, 1959 to the Committee on Education and Chudoff Hinshaw O'Brien, Ill. having had under consideration the bill Labor. Church Hoeven O'Brlen, Mich. (S. 1959) to amend the National Labor Clemente Hoffman, Ill. O'Hara Clevenger Holmes Ostertag Relations Act, as amended, and for other Mr. BARDEN. Mr. Speaker, I move Cole, Kans. Hope O'Toole purposes, pursuant to House Resolution the previous question on the motion. Colmer Horan Passman 453, he reported the bill back to the The previous question was ordered. Cooley Hunter Patman Cooper Irving Patten House. The SPEAKER. The question is on Cotton Jackson, Calif. Patterson The SPEAKER. Under the rule, the the motion to recommit. Cox Jackson, Wash. Phllbin question was taken, and the Crosser James Pickett previous question is ordered. The Crnmpacker Jarman Poik The question is on the engrossment Speaker announced that the "noes" ap- Cunningham Javits Potter and third reading of the bill. peared to have it. Curtis, Mo. Jenison Poulson 12864

Preston Schwabe Vail Nicholson Roberts Price CONGRESSIONALScott, Van Pelt RECORD-HOUSE NorbladOCTOBERRodino 9 Priest Hugh, D., Jr. Van Zandt Norrell Rogers, Colo. Rabaut Scrlvner Velde O'Brien, Ill. Rogers, Fla. Radwan Scudder Mr. GathingsVorys with Mr. Byrnes of Wiscon- Talle sin. O'Brien,Teague Mich. Rogers, Mass. Rains Secrest Vursell O'Hara Rogers, Tex. Rankin Seely-BrownMr. GoreWatts with Mr. Buffett. Thomas OstertagThompson, Rooney Reams Shafer Mr. MageeWeichel with Mr. Bramblett, O'Toole Sadlak Reece, Tenn. Sheppard Mr. McKinnonWelch with Mich. Mr. Busbey. PassmanTollefson St. George Reed, Ill. Short Mr. RibicoffWharton with Mr. Murray of Wiscon- Patman Sasscer Sleminski Wheeler Vail Reed, N. Y. sin. Patten Saylor Rees, Kans. Simpson, Il. Whitten PattersonVan Pelt Schwabe Rhodes Simpson, Pa.Mr. WhitakerWickersham with Mr. Phillips. Van Zandt Mr. PhilbinVelde Scott, Hardle Richards Smith, Kans. YatesW;dnall with Mr. Brown of Ohio. Pickett Scott, Riehlman Smith, Miss.Mr. ByrneWilliams, of New Miss. York with Mr. Beloher. PolkVorys Hugh D., Jr. Riley Smith, Va.Mr. ReganWilliams, with N. Mr.Y. Berry. Vursell PotterWalter Scudder Roberts Smith. Wis.Mr. SikesWilson, with Ind. Mr. O'Konski. Poulson Secrest Rodino Spence Winstead Watts PrestonWeichel Seely-Brown Rogers, Colo. Springer The resultWithrow of the vote was announced Price Shafer Rogers, Fla. Stigler " Wolcott Welch as above recorded. PriestWharton Sheppard Rogers, Mass. Stockman Wolverton Rabaut Short Rogers, Tex. Sutton The Wood,doors Ga.were opened. Wheeler RadwanWhitten Sieminski Rooney Talle The Wood,SPEAKER. Idaho The question is on Rains Simpson, Ill. Sabath Teague Woodruff Wickersham the passage of the bill. RankinWidnall Simpson, Pa. Sadlak Thomas Yorty Reams Smith, Kans. St. George Thompson,Mr. ZablockiMcCONNELL. Mr. Speaker, on Williams, Miss. Reece,Williams, Tenn. N. Smith,Y. Miss. Sasscer Mich. that I demand the yeas arid nays. Reed, Ill. Smith, Va. Saylor Tollefson Wilson, Ind. The yeas and nays were ordered. Reed, N. Y. Smith, Wis. Rees,Winstead Kans. Spence The question was taken; and there Withrow RhodesWolcott Springer Allen, La. were-yeas 307, nays 18, not voting 103, RichardsWolverton Stigler Anfuso as follows: RiehlmanWood, Ga. Stockman NOT VOTING-100Armstrong Riley Sutton [Roll No. 195] Wood, Idaho Fogarty BakerMiller, Calif. Woodruff NAYS-18 Frazier Bates,Morgan Ky. YEAS-307 Yorty Bailey Hull Furcolo BelcherMorrison SAandahl Cooper Hoeven Zablocki Berry Bishop Kee Gamble Morton Abbitt Cotton Hoffman, Ill. Fisher Kelley, Pa. BlackneyMurphy Gathlngs La. Abernethy Cox Holmes Flood O'Neill Gavin Boggs,Murray, Wis. Adair Crosser Hope Robeson Bramblett GoldenSittler Perkins Gore O'Konski Addonizio Crumpacker Horan Hoffman, Mich. Ramsay Gregory Brown,Phillips Ohio Albert Cunningham Hunter Staggers Hall, BuffettPoage Allen, Calif.' Curtis, Mo. Ikard Tackett N'OT VOTING-103 Leonard W.BusbeyPowell Allen, Ill. Wier Curtis, Nebr. Irving Allen, La. Furcolo Morrison Hand Byrne,Prouty N. Y. Andersen, Davis, Ga. Jackson, Calif. Wilson, Tex. Hebert Byrnes,Quinn Wis. H. Anfuso Gamble Morton Carl Davis, Tenn. Jackson, Wash. Armstrong Heffernan CaseRedden Anderson, Calif.Davis, Gathings Murphy Wis. James Baker Gavin Murray, Wis. Heller CellerRegan Andresen, DeGraffenried Jarman Hess ChelfRibicoff Bates, Ky. Gore O'Konski August H. Denny Javits Belcher Granger Phillips Holifleld Cole,Rivers N. Y. Andrews Devereux Jenison Combs Berry Gregory Poage Howell Roosevelt Angell D'Ewart Jenkins Blackney Hand Powell Ikard CorbettScott, Hardle Arends Dingell Jensen CoudertSheehan Boggs, La. HObert Prouty Jonas Aspinall Dolliver Johnson Bramblett Hedrick Kearney CrawfordShelley Auchincloss Dondero Jones, Ala. Quinn N. Y. DagueSikes Brown, Ohio Heffernan Redden Kelly, Ayres Donohue Jones, Mo. Busbey Heller Regan Kennedy DawsonStanley Bakewell Donovan Jones, DeaneSteed Byrne, N. Y. Hess Ribicoff Keogh Barden Doughton Hamilton C. Byrnes, Wis. Holifleld Rivers Kilburn DelaneyTaber Baring Doyle Jones, Dempsey Case Howell Roosevelt Klein Taylor Barrett Durham Woodrow W. Celler Jonas Sabath Kluczynski DentonThompson, Tex. Bates, Mass. Eaton Judd Dollinger Chelf Kearney Scrivner Larcade Thornberry Battle Eberharter Karsten, Mo. Cole, N. Y. Kelly, N. Y. Sheehan Latham DornVinson Beall Elliott Kean Elston Combs Kennedy Shelley Lucas Werdel Beamer Ellsworth Kearns Corbett Keogh Sikes McCulloch FentonWhitaker Beckworth Engle Keating Fine Coudert Kerr Stanley McGrath Wigglesworth Bender Evins Kersten, Wis. Crawford Kilburn. Steed McKinnon Willis Bennett,recommnit Fla. wasFallon re- Kilday Dague Klein Taber SoYates the motion to Magee jected. Bennett, Mich. Feighan King Dawson Kluczynski Taylor Meader Bentsen Fernandez Kirwan Deane Larcade Thompson, Tex. The Clerk announcedBetts the followingForand Lane Delaney Latham Thornberry pairs: Blatnik Ford Lanham Dempsey Lucas Trimble Boggs, Del. Forrester Lantaff Denton McCarthy Vinson Mr. Holifield with Mr.Bolling Hand. Fugate LeCompte Dollinger McCulloch Werdel Mr. Quinn with Mr.Bolton Leonard W. Hall.Fulton Lesinski Dorn McGrath Whitaker Mr. Morrison with Mr.Bonner Cole of NewGarmatz York. Lind Elston McKinnon Wigglesworth Mr. Hdbert with Mr.Bosone Corbett. Gary Lovre Fenton Magee Willis Bow George Lyle Fine Meader Yates Mr. Keogh with Mr.Boykin Coudert. Goodwin McConnell Mr. Murphy with Mr. Dague. Fogarty Miller, Calif. Bray Gordon McCormack Frazier Morgan Mr. Miller of CaliforniaBrehm with Mr. GrahamElston. McDonough Mrs. Kelly of New YorkBrooks with Mr. Hess.Granahan McGregor Mr. Heffernan with Brown,Mr. Taber. Ga. Grant McGuire Mr. Anfuso with Mr.Brownson Taylor. Green McMillan Bryson Greenwood McMullen Mr. Vinson with Mr.Buchanan Prouty. Gross McVey So the bill was passed. Mr. Fine with Mr. Crawford.Buckley Gwinn Machrowicz The Clerk announced the following Mr. Shelley with Mr.Budge McCulloch. Hagen Mack, Ill. pairs: Mr. Delaney with Mr.Buffett Morton. Hale Mack, Wash. Mr. Allen of LouisianaBurdick with Mr. Sheehan.Hall, Madden Mr. Keogh with Mr. Hand. Mr. Howell with Mr.Burleson Baker. Edwin Arthur Mahon Mr. Quinn with Mr. Blackney. Mr. Klein with Mr. BurnsideBlackney. Hall, Mansfield Mr. Roosevelt with Mr. Brown of Ohio. Burton Leonard W. Marshall Mr. Dorn with Mr. Kilburn. Mr. Heller with Mr. Latham.Bush Halleck Martin, Iowa Mr. Celler with Mr.Butler Wigglesworth. Harden Martin, Mass. Mr. Hebert with Mr. Latham. Mr. Dollinger with CampMr. Fenton. Hardy Mason Mr. Delaney with Mr. Wigglesworth. Mr. Bates of KentuckyCanfield with Mr. HarrisHardie Merrow Mr. Morrison with Mr. Taber. Scott. Cannon Harrison, Va. Miller, Md. Mr. Miller of California with Mr. Coudert. Mr. Gregory with Mr.Carlyle Armstrong. Harrison, Wyo. Miller, Nebr. Mr. Murphy with Mr. Cole of New York. Carnahan Hart Miller, N. Y. Mr. Kluczynski with Mr. Case. Mr. Roosevelt with ChathamMr. Jonas. Harvey Mills Mr. Deane with Mr.Chenoweth Kearney. Havenner Mitchell Mr. Klein with Mr. McCulloch. Mr. McGrath with Mr.Chiperfield Kilburn. Hays, Ark. Morano Mr. Magee with Mr. Morton. Mr. Boggs of LouisianaChudoff with Mr. Werdel.Hays, Ohio Morris Mr. Deane with Mr. Prouty. Mr. Denton with Mr.Church Gamble. Herlong Moulder Mr. Heller with Mr. Sheehan. Mr. Frazier with Mr.Clemente Case. Herter Multer Mr. Allen of Louisiana with Mr. Gavin. Clevenger Heselton Mumma Mr. Heffernan with Mr. Baker. Cole, Kans. Hill Murdock Colmer Billings Murray, Tenn, Mr. Bates of Kentucky with Mr. Belcher. Cooley Hinshaw Nelson Mr. Gregory with Mr. Jonas. 1951 CONGRESSIONAL RECORD-HOUSE 12865 Mr. Dollinger with Mr. Kearney. Translated into practical terms, that ment was never ratified by the United Mr. Morgan with Mr. Werdel. would mean the acceptance of the Span- States Senate and it is disapproved and Mr. Fine with Mr. Taylor. ish and, of course, of the Italian peoples. renounced by an overwhelming number Mr. Ribicoff with Mr. Fenton. It would mean the enlistment of the of loyal Americans. We should move Mrs. Kelly with Mr. Dague. Mr. Regan with Mr. Corbett. Irish people with their ago-old fervor with all possible haste to make this re- Mr. Celler with Mr. Crawford. and militancy in the cause of liberty. It nunciation official by taking measures to Mr. Redden with Mr. Byrnes of Wisconsin. would mean cooperation with the new liberate Poland from the bestial serfdom Mr. McGrath with Mr. Scrivner. State of Israel and our Jewish brethren and subjugation she now suffers. Mr. Anfuso with Mr. Armstrong. throughout the world. It would mean Forthright action to consolidate all Mr. Byrne of New York with Mr. Berry. our acceptance of the great Polish peo- these great peoples would unquestionably Mr. Dempsey with Mr. Gamble. ple, historically devoted to freedom, and inspire all the small struggling nations Mr. Denton with Mr. EIston. of the earth to reawakened zeal for our Mr. Hollfleld with Mr. Phillips. the liberation of that people together Mr. Howell with Mr. Bramblett. with our loyal friends of Lithuania, Es- cause, and our Nation would soon enjoy Mr. Whitaker with Mr. Busbey. tonia, and Latvia, who are all looking to restored prestige and confidence in many Mr. Vinson with Mr. Hess. us for succor and relief from tyranny. quarters of the globe where these impor- Mr. Shelley with Mr. Murray of Wisconsin. It would mean that we should seek to tant elements of good will are presently Mr. Yates with Mr. O'Konski. embrace within the orbit of our free at a low ebb. Such measures would be Mr. SITTLER changed his vote from world organization the many peoples of of inestimable benefit to our struggle "yea" to "nay." Africa and the Orient already sorely be- against communism. Mr. BAILEY changed his vote from set by the cruel pressure of Soviet con- It is dangerous to underestimate an "yea" to "nay." spiracy, of infiltration, and aggression. adversary, but it is even more dangerous, The great practical obstacles that in my opinion, for the greatest nation Mr. SUTrON changed his vote from on earth to cringe and cower before his "nay" to "yea." stand in the way of such cooperation are by no means insurmountable, if an blandishments. If we'would have other The result of the vote was announced nations respect us, we must vigorously as above recorded. honest, just and fair-minded approach is made. This Nation can mount a assert our own self-respect, our faith in A motion to reconsider was laid on the ourselves and table. program to bring all these peoples to the our democratic way of life, side of the free world by immediately our courage and determination to face GENERAL LEAVE TO EXTEND coming into closer relations and coopera- up to any threat to our security, our in- Mr. BARDEN. Mr. Speaker, I ask tive action with Spain, Ireland, Italy vincible will to protect the United States unanimous consent that all Members and the free Polish Government. If we and its free institutions, come what may. may have the privilege of extending their were able to marshal, not only the re- Let us have more talk about our strength remarks on the bill just passed at a point sources of wealth and manpower, but and less talk about our own weakness in the RECORD preceding the roll-call vote the dynamic enthusiasm, the spiritual in our willingness to appease where we on the motion to recommit. strength and political militancy of these should fearlessly face the true issues of The SPEAKER. Is there objection to nations, we should have made notable survival which confront us. Let us have the request of the gentleman from North progress toward the goal of throwing less talk about the atomic bombs of Carolina? up truly effective road blocks in Europe Russia and more talk about the far more There was no objection. and Asia against the powerful march of numerous and more devastating atomic HOUR OF MEETING TOMORROW Soviet military and ideological pressure. bombs of the United States and our I speak particularly today in behalf of ability to deliver them promptly, should Mr. McCORMACK. Mr. Speaker, I we be required to do so. I pray that ask unanimous consent that when the the enlistment of the Irish, the Italians, the Spanish, and the Polish in our cause. moment may never come. House adjourns today it adjourn to meet Let us no longer be blinded by unreason- And let us have more talk about peace, at 11 o'clock tomorrow. ing prejudice and illogical hostility to about the prospects for universal dis- The SPEAKER. Is there objection to the immeasurable value of having these armament and atomic control designed the request of the gentleman from noble peoples on the democratic side in to check future war. Massachusetts? I have felt that our efforts along these objection. fact as well as in theory. There was no Nor should we overlook the fact that lines have not been as vigorous and sus- BROADER PARTICIPATION the people of Western Germany are of tained as I would like to see them. It is the greatest importance to the defense true that we cannot force our views upon Mr. PHILBIN. Mr. Speaker, I ask an unwilling nation. But we can at least unanimous consent to address the House of Western Europe. We should foster every possible cooperative measure to re- present before the world council and be- for 1 minute and to revise and extend my fore world opinion the blueprint for a remarks. habilitate and strengthen these people and bring them into our efforts to sus- peaceful world. We can urge a confer- The SPEAKER. Is there objection to ence for atomic control and disarma- the request of the gentleman from tain western civilization against Com- munist zealots. ment and let the peoples of the world Massachusetts? know that we are not imperialist war- There was no objection. There should be no further delay re- mongers, as so often charged by Soviet Mr. PHILBIN. Mr. Speaker, real co- garding the revision of the Italian propaganda, but we are, on the other operation between the English-speaking Treaty. Highest official of this Govern- hand, true lovers of liberty, true seekers peoples is always of great importance, ment, as well as the American people, are of peace, true and vigorous apostles of a but it would be a great mistake to try to agreed upon the importance of a rejuve- free, peaceful world in which fear of base our efforts for preserving world nated and free Italy. We must move atomic bombs or other terrible weapons peace and rehabilitating economically speedily to extend our helping hand and of human destruction shall not have a distressed nations on a union dominated generous assistance to this noble people, place. by the Anglo-Saxon peoples and their which has manifested such admirable satellites agone. Such a policy would determination to ward off the ravages of PEACE COMES NCT ONLY FROM THE bring deep resentment from other great communism in their fair land. The GOVERNMENT; IT COMES FROM THE nations as was shown by the disastrous Italian nation should be welcomed into PEOPLE failures of Hitler. To weld a truly ef- the free world and assisted in setting up Mr. MACK of Illinois. Mr. Speaker, I fective organization for world peace, it appropriate armed force to help meet ask unanimous consent to extend my re- is absolutely necessary to secure the every challenge of communism. marks at this point in the RECORD. wholehearted participation of the great I have never been able to understand, The SPEAKER. Is there objection to Latin races, the Slavic and Celtic peoples, and I have frequently deplored, our at- the request of the gentleman from the Semitic groups, and peoples of many titude toward Poland. I think there has Illinois? other diverse blood strains Identified never been a greater crime committed There was no objection. with the Near East and East. In such a against any free nation in history than Mr. MACK of Illinois. Mr. Speaker, union the free democratic world could the one which so cruelly consigned the this week I shall leave Washington on present a truly united front before the noble Polish people to the merciless a solo flight of 33,000 miles, touching in Soviets. domination of communism. That agree- 30 countries and seeing at first hand 12866 CONGRESSIONAL RECORD-HOUSE OCTOBER 9 conditions in many areas of the world. augural address, his impassioned plea lated to peace. Only by having an in- This flight is made with only one purpose that old hatreds and recent bitterness telligent, thoughtful group of voters, in mind and I am sure it is the dominat- must be forgotten so that the Nation equally ready to think as to sacrifice and ing purpose in the hearts and minds of could bind up the wounds of war stands work, can we hope to formulate national all Americans. unsurpassed as a landmark of Christian policies which will produce peace. The overpowering hope of us all, re- charity. These words are just as appli- Peace comes not only from the Gov- gardless of political party, regardless of cable to the present situation. This ernment; it comes from the people, but economic background, regardless of race world now needs a return to the doctrine furthermore, peace does not come only or creed, regardless of any petty differ- of forgiveness and of Christian brother- by wishing-it comes only with the as- ences among us-our common hope is hood as much as it ever did in 1865. sistance of every American. that the world may be at peace, not However, these expressions of a desire The SPEAKER. Under the previous merely for our own times but for gener- for peace and of brotherhood are not re- order of the House, the gentleman from ations yet to come. We hope that such stricted to the Lincoln district. I am Washington [Mr. JACKSON] is recognized a peace may produce a world in which sure that they are echoed in the hearts for 60 minutes. wars and rumors of wars will not be an of every American and I feel that I am ever-present accompaniment of our daily only expressing their sentiments for THE ATOMIC BOMB life. them in a way which will serve as a Mr. JACKSON of Washington. Mr. Yet this is not a "peace at any price" symbol of what is in the American mind Speaker, Jast Wednesday the President for which we hope. We want no peace today. announced that Russia has exploded an- which will cause us to give up our own However, the peace we want will not other atomic bomb; last Friday came cherished institutions. We want no come to us without effort on our part. Stalin's belated confirmation of what we peace which will be without the free- Nothing worth securing can be obtained already knew. The news has now had a doms which we hold dear and which are without sacrifice, work, and thought. chance to sink in; it is time we ask our- too much a part of our hallowed Ameri- Sacrifice and work we all know from selves what it means for the defense of can heritage to surrender. We want our experiences of the last 10 years. our country and our freedom. peace, but we want a peace which will Often, however, the third necessity- One thing should now be clear to all of recognize our right to live as men. that of thought-is forgotten. Work us-the Kremlin is moving heaven and And these rights and privileges we and sacrifice are essentials, but equally earth to develop more powerful and more desire for ourselves, we wish for all the so is a thoughtful attitude on the part od destructive nuclear weapons. Atomic peoples of the world. We in the United our leaders and our citizens. Every pro- tests are intended to determine progress States have no desire to manage the af- posal for a better United States deserves in developing better weapons; this test fairs of the entire family of nations. We the thought and the study of every means that the Russians are moving for- do not wish to decide all of the details American. ward. Stalin means business. of politics and economy for other peoples. The past years have seen too much of I fear that some Americans still doubt We wish rather a world in which each this. Six years ago, after Hiroshima and people and each nation can order its own the attitude of praising or condemning a person or a proposal merely because Nagasaki, many of our coufitrymen con- affairs in a peaceful, free manner, with- fidently predicted that the Kremlin out interference and pressure from other of sponsorship by a particular economic or political group. This attitude has would need at least 20 or 30 years to powers. master the secret of atomic energy- We, in America, have no quarrel with been labeled "partisan politics." there were even those who made bold to our neighbors in Europe or Asia or any No political party has a monopoly on suggest that the Russians would never land. We wish no war, cold or otherwise. capable men; no political party has a achieve an atomic bomb. And 2 years We wish only to live in peace and for all monopoly on scoundrels. No political ago, even after the President revealed nations to live in harmony and under- party has a monopoly on desirable legis- that the Russians had in fact exploded standing with one another. lation; no political party has a monopoly an atomic bomb, some Pollyannas still It is to extend this sentiment that my on undesirable legislation. looked the other way and pretended that trip is being taken. I am not going as Every person holding a political office this epochal event had never occurred. an official ambassador of the United has at least one duty and unless he per- Some said that the Soviet explosion was States Government. I am going alone, forms that duty he is unworthy to hold accidental rather than planned; others in a private, civilian airplane. I will political office. He must conscientiously knowingly declared that the test was a carry with me only one article for each study every piece of legislation which fluke, a lucky experiment that could city in which I stop. That article is a appears before him; he must carefully never have been repeated; still others scroll conveying the greetings and the familiarize himself with every proposal asserted that the Russians could never hopes for peace from my home area of which affects his constituents. And this stockpile these atomic weapons in large central Illinois to the people of these study must not be based merely on not- quantities, foreign towns. ing which party is proposing this policy; Those of us who sat on the Joint Com- It is fitting that this expression should it must be a searching examination of mittee on Atomic Energy could not take come from central Illinois for it is an just how this proposal will react on his refuge in such comforting notions. We area dominated in its traditions and its constituents and on the whole country. realized that the general scientific laws thinking by one of the greatest of all His vote must then reflect the result of underlying atomic weapons were known Americans-Abraham Lincoln. No Pres- this examination and not merely party to all qualified nuclear physicists. We ident has ever been taken to the heart loyalty or loyalty to one group within his knew also that Russia did not lack for of the American people so warmly as has district. topflight scientists. We studied top se- the martyred Civil War President. The But not all the responsibility for think- cret intelligence reports which indicated reason for this is, I believe, simple. Lin- ing rests on the officeholder, The aver- that the Soviets were trying their might- coln was one of the people. Only from age citizen has an equally serious obliga- iest to overtake and surpass us in the Abe Lincoln could have come the state- tion. Almost every year the citizens go atomic armaments race. ment that the Lord must have loved the to the polling place to indicate their As a member of the Joint Committee common people because he made so choices for political offile. All too often, on Atomic Energy, it has been my duty many of them. little thought is given in advance of the and privilege to devote many hours each It is froni the descendants of these day of election as to how he will mark week to a study of atomic problems. I common people of the Abraham Lincoln his ballot. This is just as wrong as the have repeatedly tried to warn the Ameri- district that I bear greetings to the peo- officeholder giving no thought to his can people and my colleagues in this ple of the world. votes or policies. The citizen has the House of the dire necessity of bolstering " It is further fitting that these senti- duty of studying the candidates and ex- our atomic defenses. When I returned ments of peace on earth to all men of amining their records carefully. Then, from the Eniwetok atomic tests last good will should come from the Lincoln and only then, is he truly a citizen ex- spring, I went on record as urging an country. Perhaps no man ever so well pressing himself intelligently and well. immediate doubling of the scale and expressed the idea of the brotherhood of This is not unrelated to the original scope of our atomic effort. And just 6 man as did Lincoln. In his second in- idea of peace. I believe it is directly re- weeks ago, I stood on this very spot and 1951 CONGRESSIONAL RECORD-HOUSE 12867 warned with all the solemnity at my nually on this supreme deterrent against pon for use against targets deep in the command that "it is just plain indispu- Kremlin aggression. fastness of the Soviet Union-did the table that the Soviets are in the atomic- I put it to the Members of this House atom directly answer the problem of weapons business on a big scale, and as a fact that there is virtually no limit dealing with a future Greece or Korea with every day and week that passes, on the number of atomic weapons we or Malaya. they are adding to their stockpile these can produce, if only we now boldly in- Moreover, Stalin has been quick to ex- destroyers." crease the moneys and resources pres- ploit, and turn to his own propaganda None of us can any longer ignore the ently devoted to our atomic program. advantage, the mistaken but widely held obvious. The obvious facts are these: Too many Americans have wrongly belief that the atomic bomb could be di- The Russians have already exploded imagined that there are fixed and im- rected only against cities and factories. atomic bombs. They will explode more mutable limits, on the number of weap- Stalin has sought to convince the world weapons in the future. They are stock- ons we can make. In part because atomic that his best weapon, the Red army, is piling weapons at an increasing rate. energy is so novel, in part because large moral whereas our best weapon, the Right now they can launch an atomic areas of our program are necessarily atomic bomb, is immoral. Actually, of attack at 20 or 30 American cities. shrouded in secrecy, a great many peo- course, our military men have always re- What are we going to do about it? ple without access to the true facts have garded atomic weapons as precision in- There is no cause for unreasoning panic. mistakenly assumed that the manufac- struments to be used only against spe- Our Atomic Energy Commission has not ture of atomic weapons is exempt from cific targets vital to an aggressor's war been resting on its oars. We have in the economic laws which govern the pro- machine. Yet-however wrongly-the being a formidable-and rapidly grow- duction of other commodities. This is idea has gained currency that our de- ing-stockpile of atomic weapons. Un- not so. For all its exquisite gadgetry, fense plans are based upon killing non- til now, our atomic superiority has held an atomic bomb-from the production combatants, that atomic weapons must the Kremlin in check. The ground standpoint-can be likened to a tank. inevitably destroy the guilty and the in- troops of Stalin vastly outnumber those Now nobody would ever imagine that the nocent alike. of the free world. The Red air force is quantity of tanks we can produce is a But 1951 finds us in the middle of a far larger than the combined air fleets constant-that we can turn them out revolution in military thinking. Strat- of the free peoples. In only one field of only in X or Y number. If we want egists now recognize that atomic weap- military endeavor-the field of atomic more tanks, we simply spend more money ons can be used with extraordinary ef- weapons-have we maintained a com- and exploit additional resources. Per- fectiveness in all phases of warfare-if manding lead over the Soviets. Yet this haps we need more steel for armor plate, we now act to produce atomic weapons trump card alone-the fearful retribu- so we increase our exploration program; in huge quantities and great varieties- tion that would be visited upo:. the men we develop low-grade deposits. And as we can if only we are willing to spend of the Politburo if the dictators struck- then we build more factories, more as- between $6,000,000,000 and $10,000,000,- has served to keep Stalin from begin- sembly lines, more machine tools. So 000 a year on our program. ning the third world war. it is with atomic energy. The size of Atomic energy will be used against Falling behind in the atomic arma- the end product is proportional to our enemy troops on the ground. Atomic ments competition will mean national effort. artillery in various forms will eventually suicide. The latest Russiaa explosion The Atomic Energy Commission has substitute for divisions of ordinary foot means that Stalin has gone all out in officially informed the joint committee soldiers. Short-range guided missiles atomic energy. It is high time that we that, given more money and more re- with atomic warheads will replace con- now go all out. sources, it can now multiply the scale ventional howitzers. Few people realize that since VJ-day of our atomic effort. The atom will be used on the sea. only 3 cents out of every defense dollar We can no longer give heed to the Nuclear-powered submarines will revolu- has been devoted to the output of atomic philosophers of scarcity in our think- tionize the range and effectiveness of bombs. In other words, less than one- ing about atomic materials. The po- underwater craft. We can develop nu- thirtieth of our total military spending tential supply of nuclear weapons is al- clear-powered aircraft carriers capable has gone to produce the one weapon in most without limit. ao launching planes and carrying atomic which we are preeminent. In the last Another thing is also without forsee- bombs. fiscal year, typically enough, we spent able limit-the military's need for atomic And the atom will be used in the air. about four-fifths of a billion on atomic energy. I have personally always deeply It will be directed not only against an weapons and in the meanwhile we paid regretted that from Hiroshima onward enemy's industrial might but also out five times this sum-or mere than many military thinkers regarded the against the air bases from which he four billions-for small arms, bullets, atomic bomb as primarily a strategic would strike against our cities. Even hand grenades and the like. weapon, to be used against industrial more, light planes carrying atomic weap- In the past-in the past, I say-there targets. Given this assumption, it was ons will be used to knock out an enemy's were reasons for this seemingly upside- easy to go a step further and wrongly attacking troops and advance supply down allocation of our defense funds. imagine that the atomic bomb could dumps. At the outset of our program there were be used only against cities and civilians. In other words, we can look forward to shortages in raw materials and bottle- Those holding this view proceeded to tactical atomic weapons being used necks in technical equipment-limiting argue that-since the number of cities against soldiers in uniform and against factors on the supply of atomic weapons. in the enemy country is limited-the troops in the field. We can outflank But now these obstacles to all-out supply of atomic weapons we can profit- Stalin's mass armies with our atomic atomic production are being surmounted. ably use is correspondingly limited. weapons. Our Western European The time will come when we can make Advocates of this doctrine accordingly friends have long feared that they would these weapons in dozens of varieties and questioned the necessity of producing be overrun by the Red army while our in thousands and tens of thousands. atomic weapons in truly massive quan- Air Force was destroying Russia's mili- The hour is drawing close when atomic tities. tary vitals. But now our allies may look weapons tailored to all types of combat Regarded only as a strategic weapon, 'forward to halting the Red army in its situations can be made available-when the atomic bomb did not tell us how we tracks with the help of the tactical they can be produced in qualities and could halt an enemy's troop in the field atom. types.sufficient to serve as the paramount while we were destroying his munitions Consider how this will increase West- instrument of deterrence either against factories; it did not tell us how we could ern Europe's will to resist. Put your- all-out war or against future Koreas. spare our allies the agonies of occupa- self in the position of Stalin and ask I believe that we must immediately tion while we were knocking out an ag- yourself this question: If you were and dramatically expand the scale and gressor's war potential. It did not tell planning to send the Red army crashing scope of our atomic effort. In place of us how we could launch counter- across Western Europe, which would you the approximately $1,000,000,000 we are strikes against an enemy's strategic air- most fear-an ordinary artillery piece or spending on atomic weapons this year, fields and thereby prevent him from one that fired an atomic warhead? If I propose that we now undertake to hitting against our own cities. Nor- you were in the Kremlin, you would most spend between six and t.n billions an- when viewed purely as a strategic wea- fear atomic firepower-real firepower. XCVII-810 12868 CONGRESSIONAL RECORD-HOUSE OCTOBER 9 Consider also how the prospect of tac- Mr. Speaker, it is just ordinary com- But so long as the Politburo compels us tical atomic weapons bears upon the mon sense to give supreme priority to our to live in a world of uncontrolled problem of halting little wars as well as atomic program. It is simple logic to weapons, we have no alternative but to big wars. If you were a Communist stress the one field in which we can re- maintain and increase our atomic lead. puppet planning some military adven- main ahead of the Soviets. Unless we If some day we win through to real ture along the borders of the slave world, make ourselves into a garrison state, it peace, there will be no need to sell our would you dare attack if you knew the is truly difficult to imagine matching the atomic materials as war surplus; in time United States possessed tactical A-bombs Red armies division for division. In raw of real peace, the stuff in our atomic in great numbers and many varieties? quantitative power-power measured by stockpile will be more valuable than all Consider, finally, how tactical atomic the yardstick of foot soldiers and ordi- the gold stored at Fort Knox. It is not bombs will answer Stalin's propaganda nary weapons-the Soviets have an generally realized that the very same to the effect that our weapons are im- actual and potential advantage. But in material used in atomic bombs can be moral. qualitative military power-in the power used to fuel peacetime industrial reac- The hard fact, in addition, is that of laboratories, scientific skills, and tors. The identical material which pro- atomic firepower-measured purely in specialized brains-the advantage is pels an atomic submarine can someday terms of sheer military effectiveness-is overwhelmingly on our side. power peaceful ships of commerce. Plu- vastly more efficient than the conven- I confess to being struck by the irony tonium and uranium-235 will last thou- tional firepower of the Second World of having to advance complicated and sands of years without deteriorating. If War. Atomic explosives can outper- detailed arguments in support of an all- the day comes when men make war no form ordinary TNT on land, sea, and out atomic program. This is the best more, the money spent today on our in the air. weapon we have-it is our one real hope atomic defenses will not be wasted-the Even further, atomic firepower, dollar of deterring Stalin. It is the natural fissionable materials which can keep us for dollar, is actually hundreds of times weapon of a country weak in brute man- ahead in the atomic armaments compe- cheaper than the cost of conventional power but superlatively strong in science tition will immeasurably enrich our lives high explosives. For less than a hundred and technology. How can we afford not in time of peace. Every last ounce of our dollars, an atomic weapon can generate to go all out? How can we conceivably atomic stockpile is as valuable in peace the same destructive force which costs not want to make every possible atomic as it is in war. Today, the atom, in the many thousands of dollars when pro- weapon we can? form of weapons, is the shield of our lib- duced by ordinary means. I believe that reasonable men can dif- erties and the bulwark of our freedoms. Indeed, if we now get about the task fer only on the degree of expansion that Tomorrow, in the form of peacetime of orienting our entire Military Estab- is now physically possible. In my own power, the atom can remake this world lishment around the power of the split mind I am positive that we can imme- closer to the heart's desire. atom, I foresee the day when major re- diately undertake to quintuple our ex- I say that therefore we must now-not ductions in our defense budgets will be- penditures on the atom-to spend six next year, not next month, but now- come possible, when we will be able to billions annually. But it may well turn get about the job of going all-out in purchase greater security for the Ameri- out that we should now increase our atomic energy. can people at less cost to the taxpayer. spending to 10 billions a year. Mr. MANSFIELD. Mr. Speaker, will Do not mistake my meaning. An I cannot, however, imagine any Mem- the gentleman yield? army cannot fight on expectations-no ber of this House going before his con- Mr. JACKSON of Washington. I yield matter how great. No sensible man, for stituents and saying that he is not in to the gentleman from Montana. instance, would suggest that, within a favor of making every single atomic Mr. MANSFIELD. I want to compli- matter of months, we can assign most of weapon it is within our power to pro- ment the gentleman from Washington our conventional weapons to our military duce. for once again, in a statesmanlike man- the benefit of museums and replace them with atomic The goal of the American people is ner, giving to this House armaments. As a matter of fact, we can his wide knowledge of this particular now, and ever has been, a just and last- and the never dispense with ordinary arma- ing peace. We wish to live in friendship program. I think the Congress ments. We will still need troops in the and brotherhood with the everyday peo- people are indebted to the gentleman field to exploit breakthroughs achieved from Washington for the fine contribu- ples of all the world, including the mil- and should with tactical atomic weapons. We will lions of ordinary Russians now enslaved tion which he has just made, still need bombers to deliver these weap- by Stalin. To keep the peace, we need take his considerations and recommen- ons to their targets. strength-not only military strength, but dations extremely seriously. Also, in urging all-out atomic produc- economic and moral strength as well. I Mr. JACKSON of Washington. I tion, I want specifically to disassociate have spoken today only of enlarging our thank the gentleman from Montana. myself from the proponents of push-but- military defenses. But let no man think May I say that all of the members of ton warfare. The day is not in sight, that more atomic weapons, standing by the Joint Committee on Atomic Energy, and never will be, when we can win wars Republicans and Democrats alike, are in- themselves, provide a complete answer to in without the loss of American lives. In- Red aggression. Hungry men are easy terested in seeing that we stay on top fantry will not become outmoded; we victims for the false doctrines of Stalin- this atomic struggle. will still need machine guns; destroyers ism. So we must help the economically Mr. McCORMACK. Mr. Speaker, will will still roam the seas. I agree with impoverished to help themselves. And the gentleman yield? that tireless worker for atomic prepared- beyond all else, we must appear before Mr. JACKSON of Washington. I yield ness, Chairman BRIEN MCMAHON, of the to the gentleman from Massachusetts. the court of world opinion with a cause to Atomic Energy Committee, that you can- that is noble and just. No matter how Mr. McCORMACK. I also want not fight a war from the back seat of a efficient its weapons or how strong its congratulate the gentleman from Wash- Cadillac. ington. The gentleman is in a position, economy, a nation must stand on the side on Let me also put to rest any thought of decency if it is to prevail in the com- as a member of the Joint Committee that I regard the atom as a miracle petition for the minds of men. Atomic Energy, to obtain information weapon, which need not conform to the vital to the interests of our country and We must tell the world that we now to the kind of a future world in which classical principles of grand strategy. stand ready-as we have stood ready in I maintain precisely the exact opposite. the people of all lands in this generation the past-to put our atomic armaments and generations to come would desire to For all its immense power, the atomic and all other weapons under effective real ped- live. I know that in making the speech bomb is a finite weapon. The control whenever Stalin dlers of military nostrums are those who United Nations he did today, he did so after profound imagine that the atom can be decisive in agrees to a plan that will do the job. consideration and probably collaboration warfare without producing it by the We must assure all men of good will that with others. thousands and tens of thousands. we manufacture atomic weapons only Am I correct in my last statement? Tactical uses of atomic energy alone because the Kremlin forces us to, and Mr. JACKSON of Washington. That will profitably absorb all the atomic that we would far prefer to devote our is correct. weapons it is within our power to turn moneys and resources to a war against Mr. McCORMACK. The speech of the out. human wretchedness. gentleman today represents a major con- 1951 CONGRESSIONAL RECORD-HOUSE 12869 tribution, not only to the membership pose, looking ahead, that the largest If we avoid world war III, and that of the House but to the people of the part of the stockpile will be made avail- is our primary objective, that is the ob- country, and to the people of other free able to the Army in direct support of jective of our foreign policy and our countries. It is also a message to Stalin our ground troops, because as I indi- military effort, America will have in its and his group, and in a language that cated earlier, what the Chairman of the possession a stockpile of energy never they thoroughly understand and appre- Atomic Energy Commission has said, we known to man heretofore. So that we ciate-the language of power. are now in the business of producing can overnight convert to use, if I may I hope the press of the country will tactical weapons that will be used to use a Biblical expression, swords as they give the gentleman's speech as wide pub- support our ground troops. Unfortu- are today in the form of atom bombs, licity as possible. We hear a great deal nately the Russians have implanted in we can convert these swords into plow- about the freedom of the press, and that the minds of millions of people all over shares for the betterment of mankind. a free press is a fair press. The gentle- the world the idea that the atomic Every bit of this material that is not man's speech is one that should be car- bomb's only use was in the killing of exploded can be refabricated for peace- ried to the people as widely as possible. women and children. The result is that ful industrial purposes. The same ma- I would like to ask the gentleman a for the time being it has sterilized our terial that you use to explode an atom question; and, if he tells me that he pre- atomic stockpile, if I may use that ex- bomb is the identical material that you fers not to answer it, I will understand pression. will use to generate electricity to power the reason why. Is it the gentleman's Mr. McCORMACK. The purpose of ships of commerce, to run airplanes, opinion that the production of atomic my last question was to have the RECORD trains and a multitude of those things weapons for tactical purposes is in such show that if the gentleman's mind was that require energy here on earth. shape that the experimental stage is as I have interpreted it, that he was not Mr. CANFIELD. Mr. Speaker, will over, and that they can be produced in advocating that from the angle of de- the gentleman yield? large numbers? fense we put "all of our eggs in one bas- Mr. JACKSON of Washington. I yield Mr. JACKSON of Washington. Mr. ket," to wit the basket that might be to the gentleman from New Jersey. Gordon Dean, Chairman of the Atomic labeled "atomic weapons," but that he Mr. CANFIELD. I know how serious, Energy Commission, in a speech in Cali- was urging-- how sincere, and how concerned the gen- fornia last week, I believe, stated that Mr. JACKSON of Washington. I was tleman is in his presentation today. I we were producing tactical weapons. urging that all three services should know, too, something about his unique We now have in our possession tactical make use of the weapon in the event of background of study and experience weapons that we can use in the field in an all-out war. qualifying him to make the remarks he direct support of our ground troops, Mr. McCORMACK. But he was urg- has just made. He does well to empha- much in the same manner that we uti- ing the recognition of the importance of size that we are now living in a world of lize heavy barrages to pave the way for the power of atomic weapons in connec- uncontrolled weapons. This being so, the advance by infantry. tion with the other services of our Armed does the gentleman think that we are Mr. McCORMACK. So it is the gen- Forces. being very realistic in the development tleman's opinion, based upon his knowl- Mr. JACKSON of Washington. That of a sound and timely program of civilian edge and information, that mass pro- is right. The atomic bomb in proper defense of American cities and towns duction of atomic weapons for tactical situations can be effectively used in the against a possible atomic attack by an purposes can now be carried out? event of an all-out war by aircraft car- aggressor nation? Mr. JACKSON of Washington. Yes; riers. Mr. JACKSON of Washington. I am I would like to emphasize strongly to The nuclear-powered submarine, from glad the gentleman asked that question. the Members of the House my very firm information that has come to our com- First of all, I would like, if I may at this belief that one of the worst things that mittee, will make it possible to do almost point, to pay my tribute to him for his has happened to the United States and farsighted determination to see a proper world is that the atomic bomb unbelievable things in submarine war- the free fare. We are all familiar, of course, buildup of our civil-defense program. has been held up to the free world as with the mission of the Air Force in- In my remarks 6 weeks ago on the a weapon that could be used only against sofar as the atomic bomb is concerned. floor of this House, and the gentleman women and children; that it is a weapon But I would like to make it clear that from New Jersey participated in that that is limited to strategic purposes. what we are doing if we produce this discussion, I called the attention of the The truth is that there are but a limited fissionable material, atomic material, on House at that time to the fact that the number of strategic targets in the world; a mass scale, is that we are producing Russians were in the atomic business on the truth is that the atomic bomb in nothing more nor less than cheap TNT. a grand scale. I hope that when the America's possession has its greatest bill comes back from the Senate the strength and can be utilized most effec- The bomb that was dropped on Hiro- shima, as was made public some time ago, House will exercise a little more wisdom tively in tactical use. There is no limit in the light of recent events and will in- that contained an equivalent of 20 kilotons, or to the number of tactical weapons 20,000 tons of TNT. What I am trying crease the budget for civil defense. As we would need to support our ground to say to the House again is that this is a minimum the Russians are capable of troops. The military experts who have the cheapest TNT that we can make. destroying 20 to 30 American cities to- come before our committee are agreed night. that we will be able to hold Western The only answer that we have to Stalin and Soviet imperialism is super- Now I do not say for one moment that Europe if we can outflank the numerical civil defense provides a complete answer by atomic ior American firepower. We will never superiority of the Russians be able to match them soldier for sol- to atomic attack or that there is any power. That is the one way to outflank final answer to civilian defense. But Russian superiority in manpower. dier. We can only outmatch them with superior firepower. How do you get when one bears in mind the terrible de- Mr. McCORMACK. I take it the gen- superior firepower? Through the utili- struction that can come in the event of tleman's speech is a recognition that all zation of the resources that are avail- such attack, it behooves all of us to see of our services are essential, I mean the able to us to expand our atomic energy to it that we have made every proper Navy, the Air Force, the Infantry; that program. effort to safeguard against such a catas- the gentleman is not emphasizing trophe. atomic weapons for the purpose of dis- Mr. McCORMACK. So that mass pro- paraging any other branch of the serv- duction in the field of atomic weapons I want to compliment the gentleman ice. The gentleman feels that the max- has now arrived? It is no longer a the- from New Jersey for his sustained and imum emphasis in conjunction with ory or an experiment. Of course, there continued interest in this effort. I may other branches of our armed services are further experiments that will go on say, if my recollection serves me right, that could be made in the field of atomic all the time by our scientists. that he was one of the first, if not the weapons should be utilized as a power- Mr. JACKSON of Washington. The first, Member of the House to rise in the ful coordinating factor with all our armed gentleman is essentially correct. With- well and ask that we make a real effort services; is that correct? out being repetitious, I would like to just in our civilian defense program. Mr. JACKSON of Washington. The add one other note to what the gentle- Mr. CANFIELD. I appreciate what gentleman is absolutely correct. I sup- man has so effectively asked. the gentleman has just said, and I am 12870 CONGRESSIONAL RECORD-HOUSE OCTOBER 9 glad that our military leadership is be- a military expert to figure that out. But been a real force on the Joint Commit- ginning to bear emphatic testimony on in the tactical use of the bomb, owing tee on Atomic Energy, and an effective the need of a civilian defense program to America's superior technology and force. now. I think the testimony given to the industrial capacity, we can outflank the Mr. DURHAM. I thank the gentle- Senate Subcommittee on Armed Serv- Russian Army with its superior numeri- man. ices, hearing the presentation for civilian cal force. In that area there is no limit Mr. McCORMACK. May I add, a real defense on September 5 last, by Mr. to the number of atomic bombs that you force anywhere. Lovett, was most timely, and I hope that can use in support of your Ground Mr. JACKSON of Washington. We the Members of the House will bear that Forces. But in the strategic use there all concur heartily in that. testimony in mind when we act further are a limited number of targets, and in Mr. DURHAM. I want to thank the on these civilian defense requests. Mr. the war operations on the battlefield you gentleman for the discussion here today. Lovett said he could not understand the need an unlimited amount of firepower. Probably this is one subject we have not apathy of this hour, and most certainly So it is in the area of tactical uses, as discussed as fully on the floor of the we are making it very difficult for former I view it, that America should concen- House as we should because of certain Governor Caldwell and his group in trate its strength. In that area there events and, of course, the secrecy under charge of civilian defense administra- is no limit to the amount of fissionable which it was first built, and under which, tion. We are being naive. or bomb material that we will need come of course, at the present time in certain Mr. MARTIN of Iowa. Mr. Speaker, another conflict. It is in that field in fields we have to continue to operate. will the gentleman yield? particular where we should constantly But the gentleman has, as I have said, Mr. JACKSON of Washington. I associate our atomic efforts. It is be- made a real contribution. yield to the gentleman from Iowa. cause of the fact that the atomic bomb This job of the committee has not Mr. MARTIN of Iowa. Along the has been used strategically, has killed been easy at all. It has been a tough same line of inquiry by the gentleman women and children, that in the minds one. We have had problems and are from New Jersey, while we do not have of millions of people today the atom still having them, and we will continue too much information regarding Russia's bomb has only one use, that is, to kill to have them. But its one push and development of atomic energy, is it not more' millions of people in the event of drive has been to produce more efficient true that we can reasonably suppose another war. That is not the source of material so that we would have more that their first use of the atomic energy America's strength in the event of an- weapons. We find ourselves today in they have developed may be along stra- other conflict. The greatest source of just exactly what the gentleman has tegic lines, which would endanger our America's military strength in the event advocated since becoming a member of cities and our civilian population? of another conflict is in the tactical use the committee, I believe in 1949, with Mr. JACKSON of Washington. I of the atomic bomb. demands coming from all three of the feel a little embarrassed here because I Mr. MARTIN of Iowa. That has been military services, which of course in 1946 am not a specialist in military strategy. one of our principal problems all the way many people were not thinking so much But I would like to say to the Mem- from the very inauguration of the atomic about. bers of the House that the members of weapon. My questions, during the years Now we are faced with a tremendous the joint committee on both sides are that the matter of atomic energy came expansion program if we are to produce at this business every day of the week, up first in the military committee some and provide what the military is going and we have a responsibility, you know, 6 or 7 years ago while I was on that com- to require in the event that war should under the law, of trying to keep cur- mittee, all bore on the potential develop- come. It is going to take a great deal rently informed on every phase of ment of it as a tactical weapon. From more of production of fissionable mate- atomic development. In that connec- our own point of view that is highly im- rials for tactical weapons, which the gen- tion we obviously go into highly classi- portant. My questions were with refer- tleman has discussed here today. It is fied top-secret matters. I think it is ence to the matter of whether you could going to have to be done through certain quite clear that the primary objective of transport the atomic energy warheads groups of people-this House, the Senate, the Russian military force in the event secretly, store it indefinitely, and set it the Commission, and those who are of another war would be to destroy the off by remote control. Thpse were my charged with the responsibility of direct- source of America's strength. The questions in the military committee bear- ing our military services in pushing this source of America's strength is Amer- ing upon possible tactical use of it. That program from every angle. The contri- ica's industrial might. The Russians is our own problem and of course we are bution, which the gentleman has made well realize that in two great wars we facing it. Froln the point of view of de- here today, in my opinion, marks another entered the conflict without an adequate fense against strategic attack, I think milestone in the question of our national military force in being. They realize the remarks of the gentleman from New defense, because he has brought into that in order to win another war they Jersey are very timely, that the poten- the discussion today a new field, and must destroy America's capacity to carry tial enemy's first strike toward us would that is the field of tactical weapons. We on and sustain a conflict over a period be to destroy our industrial potential, must tackle that problem, and we are of time. So, I think, without any ques- and that would be probably within their going to have to solve it. In my opinion, tion, that at least for some time they first availability, anyway, namely, the as the majority leader has said, they are will concentrate their effort on the stra- strategic use of the atomic weapon. going to be produced on a mass scale in a tegic use of the atomic bomb in the event Mr. JACKSON of Washington. I very short period of time. Again, I want of another war. would think that in stockpiling their to thank the gentleman for taking the Mr. MARTIN of Iowa. That was my atomic weapons they are being stock- time to explain to the House some of the own impression. I do not believe we are piled for strategic use to destroy the details, and some of the problems that revealing any classified information in heart of America militarily speaking, face us as a committee. The gentleman reaching that conclusion at all. They that is, our industrial potential. certainly has contributed to the national not only have the strategic development, Mr. MARTIN of Iowa. I appreciate defense effort as well as to our effort in logically, first, ahead of the tactical de- the gentleman's remarks today. I think the committee as wholeheartedly as any velopment, but they also have the an- he has made a real contribution to our member that I have ever worked with. ticipation of destroying our industrial discussion in this rather vital field of Mr. JACKSON of Washington. I potential. They do not have quite the national defense. thank the gentleman for his remarks. need for the tactical use of it, because Mr. JACKSON of Washington. I For the benefit of the Members of the they have the larger manpower for tacti- thank the gentleman for his fine con- House, the gentleman from North Caro- cal operations. tribution. lina is chairman of the subcommittee Mr. JACKSON of Washington. My Mr. DURHAM. Mr. Speaker, will the dealing with reactors. A reactor is an point has been to make it clear that gentleman yield? atomic furnace. It is the industrial ma- in the strategic use of the atomic bomb, Mr. JACKSON of Washington. I chine that produces one of the materials it is only a matter of time when they yield to the gentleman from North Caro- needed for atomic bombs. It is the lead- can match our ability to use the bomb lina, the vice chairman of our commit- ership that the gentleman from North strategically. You do not have to be tee. I may say incidentally that he has Carolina has provided as vice chairman 1951 CONGRESSIONAL RECORD-HOUSE 12871 of our committee that, in my opinion, is the fathers and mothers who have sons America is vulnerable along its shore going to pave the way for the expansion over there will be patriotic about it, but line. I am not giving out any informa- which we have discussed here today. I think this has reached the stage now tion when I say that. It has been Mr. McCORMACK. Mr. Speaker, will where we are interested in either nego- discussed time and time again. There the gentleman yield? tiating or winding this thing up in Ko- is a real danger that Russia in the event Mr. JACKSON of Washington. I yield. rea in the fastest possible time. If it is of an all-out war would attempt to de- Mr. McCORMACK. I would like the necessary to use these weapons in order liver the bomb by both air and sea. RECORD to show that about 18 months to bring that conflict to an end, I think Mr. SPRINGER. One more question before the first bomb was dropped on the people of this country are interested and I think I am through. The gentle- Japan, certain Members of the House of in doing that. I do not believe I misrep- man has been very kind to go thus far. Representatives, and Members of the resent public opinion, but I will leave it Is there any knowledge which the gen- other body, were acquainted with the ex- to the gentleman and other Members tleman has that the use of the atomic periment which was going on. I know of this House who are getting corre- bomb or atomic energy in other forms nothing of the contents of that bomb. spondence from their homes about it. is now contemplated in the Korean war? I do. not want to know anything about I believe it is time for us to come to a Mr. JACKSON of Washington. Owing it. I did not know then, and, as a matter conclusion as to what we are going to to the fact that I am on the Joint Com- of fact, I have to guess now where the do in Korea. In other words, that we mittee on Atomic Energy and that any- plant is located. At least 18 months, or are going to set some reasonable dead- thing I might say in that regard might thereabouts, before the first bomb was line upon these negotiations which have have some repercussions, I would rather dropped in Japan, there was a confer- been going on now I believe in excess of not at this moment discuss the question ence between the Speaker, the gentle- 2 or 3 months. It should be certainly that the gentleman has put to me with man from Massachusetts [Mr. MARTIN] long enough to negotiate the kind' of reference to Korea. and myself. We were told about this peace that you have there, or cease fire I have indicated in my remarks today race for time in the experiment-the to continue other negotiations to bring that we now have in our possession tac- race between the United States and Ger- about the rest of it. tical weapons that can be used in the feld many. We were told we had to get about The second thing that has occurred in direct support of our group troops. $1,600,000,000 or $1,800,000,000 in the fol- to me, and this might be carried out un- I do not, for obvious reasons, feel that lowing two fiscal years to carry out the der civilian defense, but I do think in I should at this time comment beyond experiment, which President Roosevelt the light of the gentleman's remarks it that. I hope the gentleman understands. had begun with blanket funds appropri- is important to be said: As I understand Mr. SPRINGER. I understand per- ated to him, which experiment had then atomic energy and the manufacture of fectly. Just one further question: Is it become too large to carry on under the weapons, it is possible for a person to contemplated that there will be any blanket appropriation to the late Pres- carry an atomic bomb about with them public release as to whether or not atom- ident. Some members of the Commit- in a suitcase and to enter any plant in ic energy or atomic bombs will be used tee on Appropriations then had to be this country for the purpose of destroy- in Korea? Has there been discussion as made familiar with the situation and ing the plant or our industrial capac- to whether or not that is to be given taken into confidence, and I think it is ity. I think most people have the idea, out to the press or newspapers? to the everlasting pride of the House of through information which has been Mr. JACKSON of Washington. I Representatives, and the other body as given out through the press, that the would rather not comment any more well, that there never was a leak on that only way that would be possible would on that particular point. subject during the entire 18 months. be for someone to drop a bomb from an Mr. CARNAHAN. Mr. Speaker, will Mr. SPRINGER. Mr. Speaker, will airplane on a city. It seems to me the the gentleman yield? the gentleman yield? security of this country with reference Mr. JACKSON of Washington. I Mr. JACKSON of Washington. I to the prevention of sabotage is just as yield. yield. important as it would be to defend this Mr. CARNAHAN. I wish personally Mr. SPRINGER. The gentleman has country by a 150-group air plan. to thank the gentleman and compliment made a very able presentation here. It Would the gentleman care to com- him for the intelligent and informative has been very informative. So far as I ment on that? statement he has brought to the mem- personally am concerned, I have been in- Mr. JACKSON of Washington. We bership of the House. He certainly has terested in this question, and was inter- have a real problem of sabotage. To made a contribution in a field which ested in it immediately following World say that the atomic bomb can be carried is important not only to the defense of War II. I would like to ask the gentle- around in a suitcase, of course, is not our own country but also to the defense man if he has any knowledge, and correct. of the free world. I would like to ask the whether he would be willing to make a Mr. SPRINGER. I am glad to hear gentleman if he cares to express an statement at this time, or make a denial that from the gentleman. opinion on the following: Is it possible as to whether atomic bombs or atomic Mr. JACKSON of Washington. I can that we are correctly evaluating the energy have been used thus far in the state for the gentleman's information potential offensive strength of the U. S. Korean war? that such statements that are bandied S. R.? Or are we underrating that Mr. JACKSON of Washington. I about render a disservice. I am not strength or perhaps having a tendency have no knowledge of the use of any critical of the gentleman. to overrate it? atomic weapon in Korea or elsewhere, Mr. SPRINGER. I understand, of Mr. JACKSON of Washington. I can since Hiroshima and Nagasaki. course. answer the gentleman this way: Our Mr. SPRINGER. The gentleman has Mr. JACKSON of Washington. But committee receives intelligence reports made no inquiry along those lines with the statement has been made, time and from time to time available of course reference to the Armed Forces? time again, and I believe the gentleman only to members of the joint committee,. Mr. JACKSON of Washington. I from North Carolina [Mr. DURHAM] will reports on the Russian position in this would rather not discuss that at this confirm me in what I am saying-let field. Each successive intelligence re- time, as to whether we have or have not me say to the gentleman that in my port we receive paints a little darker, a had a discussion. opinion, in the event of another war, little grimmer picture of what they are Mr. SPRINGER. I ask the gentle- there is a clear and present danger to doing. man for two reasons, because I think it the coast lines of America, by carrying I think we will not be making a mis- is very pertinent. I think the gentle- the atom bomb in submarines, in mer- take in overestimating their capabilities. man probably is getting correspond- chant ships, and by other means, other Everything that has come out so far ence, just as I am, and as I think most than by airplanes. But to say that it has been unfortunately a tendency to of the Members of the House are, about can be carried around in suitcases and underestimate their capabilities. A little the coming winter in Korea. All of us planted in cities is carrying it a bit too over a year ago, shortly after the first knew what those boys went through last far. However, I do not believe that in explosion, a noted American citizen year. People stood it last year and per- the event of another war the Russians came out and said "Russia does not have haps they will have to do it again this will make their entire effort in delivering the atomic bomb." I can say to the year. They will be patriotic. I am sure the bomb through the use of airplanes. Members of the House that we have ways 12872 CONGRESSIONAL RECORD-HOUSE OCTOBER 9 of knowing scientifically that they do of billions and billions of dollars for dollars in property damage and millions have the bomb. Somebody said that it atomic energy to be used in tactical of Americans dead overnight. was just a reactor blowing up or a pilot weapons. Am I in error? Mr. DOYLE. I thank the gentleman. plant blowing up. Mr. JACKSON of Washington. The Mr. JACKSON of Washington. I The SPEAKER pro tempore. The gentlemen is not in error. Our objec- think that is the only alternative. I time of the gentleman from Washing- tive is peace. Our entire atomic energy honestly and firmly believe that if we ton has expired. effort and our military effort are geared make the supreme effort in this field we Mr. MANSFIELD. Mr. Speaker, in to that one objective of peace. Our rec- have a real opportunity of achieving our view of the extreme importance of this ord is clear, our conscience should be objectives wherever possible and avoid- particular matter I ask unanimous con- clear. At the end of the war we agreed ing world war III. sent that the gentleman may be al- to a program of atomic disarmament. Mr. GROSS. Mr. Speaker, will the lowed to proceed for fifteen additional We offered our atomic stockpile to an gentleman yield? minutes. international organization under the Mr. JACKSON of Washington. I The SPEAKER pro tempore. Is there United Nations. We said that we would yield to the gentleman from Iowa. objection to the request of the gentle- agree to an international control of Mr. GROSS. Something has been said man from Montana? atomic energy under a rascal-proof sys- here this afternoon about civilian de- There was no objection. tem. We said we would favor that with- fense or alleged lack of civilian defense Mr. JACKSON of Washington. We out any hesitancy at all. That program in this country. 'Can the gentleman tell must realize that the Russians have some we agreed to was drawn up, not by poli- us what the Russians are doing to pre- very noted scientists, topmen who are ticians but by scientists and experts, pare their civilian population for defense capable of doing the job. We must by men who were familiar with the against atomic warfare? realize that if the Russians make an necessary requirements about a rascal- Mr. JACKSON of Washington. I all-out effort in this field they can do proof system of international control would like to confine my remarks, for a real job. I for one firmly believe that of atomic energy. That program and obvious reasons, again. I can say this because of our unique industrial capabil- that-proposal was agreed to by the en- much, that today the Russians have ities we can keep so far ahead of them tire free world excepting, of course, about 20.000.000 of their people engaged that they will not attempt to undertake Russia and its satellite nations. All in civil defense in the Soviet Union. a third world war. nations agreed to it except Russia and They are making an all-out effort in The one deterrent we have is to remain the satellite areas. We have made that this particular field. I believe that on top of the stockpile. If we do not, proposal time and time again. But we statement is borne out, at least, by the then we are indeed in trouble. must not agree to just international information that we have received. Mr. DOYLE. Mr. Speaker, will the control of atomic weapons. We must Mr. GROSS. Twenty million people gentleman yield? agree to international control of all working in civilian defense in Russia? Mr. JACKSON of Washington. I weapons, atomic and conventional as Mr. JACKSON of Washington. Twen- yield. well. To do otherwise would be for the ty million people engaged in this effort, Mr. DOYLE. I wish to compliment free world to walk into a ghastly bear is our latest estimate. the gentleman from Washington very trap, because it would leave Russia and Mr. MANSFIELD. Mr. Speaker, will earnestly for his very splendid contribu- its satellites, if we agreed to interna- the gentleman yield? tion to the total record of matter on tional control of atomic energy and did Mr. JACKSON of Washington. I the atomic bomb. I think every Member nothing about conventional weapons, in yield to the gentleman from Montana. of this House is well aware of his in- possession of a large mass of conven- Mr. MANSFIELD. I am delighted terest and integrity in going to the bot- tional arms and men that would make that the gentleman from Washington tom of all such questions. -I think the it possible for her and her satellites to has seen fit to bring to the attention of gentleman from Washington knows that overrun the free world. the House today the importance of as a member of the Committee on Armed If we are to have international dis- atomic weapons and also the weakness Services, as I am, I recently traveled to armament-and we are for it; we have of this country insofar as 20 to 30 of the far north, Alaska, and while in one laid our cards on the table; the proposal our most important industrial cities are of those cities I heard a Russian broad- is there for acceptance-we must re- concerned. I am wondering if some- cast describing the United States of member that we must have control of times we do not in this country over- America as warmongers. It made me all weapons.. estimate the importance of the atomic realize, I may say to the gentleman, Mr. DOYLE. I understand that this bomb and atomic weapons and at the that perhaps the world conflagration in proposal is still open. The gentleman same time underestimate the importance the form of another hellish war is closer did not emphasize that control, although of atomic developments in Russia? than we think; but, nevertheless, I wish he realizes it, means international in- I was pleased to note the emphasis to say to the gentleman it made me feel spection. which the gentleman placed upon the also I would always continue at every Mr. JACKSON of Washington. That possibility of using the ingredients to opportunity to emphasize that my Nation is why, of course, the Kremlin has not make an atomic bomb or weapon for is not interested in being a warmonger. agreed. The iron curtain cannot exist industrial purposes in peacetime. I We are interested primarily, objectively under a system of international inspec- know that if he had time he could go on and paramountly in being a Nation tions. It goes to the very heart of the and also cite how some of these atomic which is determined to be strong enough difficulty with the Soviet Union. But ingredients could be used in bettering to compel world peace. you cannot have international control of the health of our people. While I know the gentleman empha- atomic energy unless you have interna- I would like to bring to the attention sized that point of view to a certain tional inspection of the materials used of the gentleman, though, the impor- extent in his remarks, may I ask the in setting off an atomic bomb. tance of the duality, so to speak, of his gentleman in that connection to take Mr. DOYLE. May I ask one further remarks, covering atomic developments a few seconds at least to emphasize in question? Am I in error then when I and the industrial potential of this coun- his remarkable speech before it is printed conclude and have concluded for some try, because when a group of us visited the fact that the billions of dollars in time, when we are asked to vote these Europe 3 or 4 months ago and had a money which we are spending are not billions of dollars for our national de- number of conferences with Eisenhower, being spent to be strong enough to wage fense, including this atomic energy de- he told us at that time that in his opin- war nor for anything more or less than velopment, the alternative is either to ion the atomic bomb was not the most to protect the freedoms of the freedom- pay taxes or to pay tribute. Am I in important factor in keeping the Russians loving people of the world against com- error in that conclusion? from carrying on a conquest by aggres- munistic aggression. Will the gentle- Mr. JACKSON of Washington. Let sion, but that the real important factor man take a minute to emphasize that of ,me answer it in this way. It is a small was the industrial potential of America his own personal knowledge as a member price to pay for the other alternative and the industrial know-how of our peo- of this important committee that is the cost, namely, world war III, with tril- ple here. I think there is a great deal objective, if I am right, in the spending lions-I do not say billions-trillions of in what General Eisenhower had to say, 1951 CONGRESSIONAL RECORD-HOUSE 12873 and I am delighted to mention it at this for the defense of America and the free step in our diplomatic relations with that time because it fits in so perfectly with world. We do not know what may hap- nation and in our efforts to consolidate the remarks made by the gentleman con- pen tomorrow in the whole world pic- and unify the strength and potentials of cerning the development of atomic en- ture. Those weapons are precious the free world. ergy for various purposes and also brings weapons. I suppose the fundamental The Nation is most grateful to Admiral in the importance of the American indus- objective of our immediate effort is to Sherman, a noble son of Massachusetts, trial potential and the need for a first- conserve our resources and vital mate- for his many effective contributions to rate civil-defense program in this coun- rials to face our primary antagonist, the national welfare during a most illus- try, because the remarks which the gen- which is Russia. We must be careful trious naval career. But few of his tleman has made certainly indicates in determining objectives of over-all many splendid achievements will be where we should place emphasis from military strategy, about the possible dis- viewed with greater appreciation than now on. sipation of those resources against sec- his successful interim negotiations with Mr. JACKSON of Washington. The ondary antagonists. the Spanish Government. gentleman has made a very fine contri- Mr. CANFIELD. Mr. Speaker, will There are many reasons why our own bution. I certainly would not want to the gentleman yield? great Nation should have renewed convey the impression that we can de- Mr. JACKSON of Washington. I yield friendly cooperative relations with Spain fend Western Europe with the atomic to the gentleman from New Jersey. long ago-some strategic and military, bomb alone. What has happened is that Mr. CANFIELD. I think the gentle- some economic, some political, and some the firepower of our American division man from Washington has been as ex- which relate to the historical American has increased tremendously overnight plicit as he can be. However, I feel we ideals and traditions. with the announcement by the chairman who have heard him today have the Lest anyone should misunderstand my of the Atomic Energy Commission that right to draw this conclusion, namely, viewpoint in this vital matter, let me we are now producing tactical weapons. that the mothers and fathers of our state emphatically that I am funda- Mr. GROSS. Mr. Speaker, will the dear ones, our boys in Korea, have a mentally just as much opposed in theory gentleman yield? right to derive encouragement from and practice to fascism as I am to com- Mr. JACKSON of Washington. I yield what he has said. munism. Both systems are totalitarian. to the gentleman from Iowa. Mr. JACKSON of Washington. I Both are antagonistic to democracy. Mr. GROSS. The gentleman says he think certainly the announcement by Both are predicated upon the dominance does not care to comment on- the de- the Chairman of the Atomic Energy of the State over the rights of the in- velopment of tactical weapons for Commission that we are now producing dividual. ground troops. tactical weapons may be some reason why there is a new But I would point out that historically Mr. JACKSON of Washington. I did announcement about it has not been at all unusual in the past not say that. I did not want to say truce discussions. I think that Mr. Dean's statement may be well for this Nation to extend diplomatic anything on the floor with reference to under- recognition and engage in commercial this situation in Korea at this time. stood in certain quarters of the world today. intercourse and friendly relations with Mr. GROSS. Yes, but I want to say other nations whose philosophy, political something, if the gentleman will per- Mr. McCORMACK. Mr. Speaker, will institutions and way of life were at var- mit me, that if we now have developed the gentleman yield? iance with our own. It is a well-estab- tactical weapons and they are not in Mr. JACKSON of Washington. I lished historical fact that, in keeping use in Korea, someone is seriously to yield. with this policy in the past, we have blame for not putting them to use. This Mr. McCORMACK. Again, I con- recognized monarchies and oligarchies business of fighting a war over there gratulate the gentleman on his powerful and dictatorships of varying types as with bayonets, as we are doing today, contribution to the House of Repre- well as several socialistic governments, and with machine guns and the other sentatives and to the people of America, and preeminently the Soviet Union. weapons of World War II and World a contribution which is based, if I may It must now be obvious to thinking War I, does not make sense. read the gentleman's mind, on confi- citizens that there were no tenable log- Mr. JACKSON of Washington. I dence and optimism, trying to give the ical on the grounds for refusing to recognize have learned since I have been American people as complete informa- Spain, and for refusing to avail ourselves Joint Committee on Atomic Energy that tion as he can on the subject he has of her expressed willingness to cooper- one has to consider a lot of factors, a discussed, consistent of course with the national ate materially and effectively with our lot of situations, before one can make interest of our country. If I program for building up the strength a proper decision. I do not believe I were to give a title, or were to char- of to- the free world against possible totali- would be serving the cause of peace acterize the gentleman's constructive tarian aggression. day if I got into a discussion on the effort today, my title or characteriza- floor of the House on the point the tion of this discussion would be "Peace I am not a believer in the suppression gentleman has raised. I am not say- Through Strength." of the rights of minorities. I am un- not be used or it will alterably opposed to those individuals ing that it might Mr. JACKSON of Washington. I and governments not be used. I do not believe that I thank the gentleman. I would quite who preach and prac- myself, and I speak only for myself, agree with such a title or characteriza- tice intolerance in any form. I deplore would be helping our over-all objective, tion because it is through this type of and detest principles and practices of which is peace, to bring that terrible strength that we have the best chance government which are designed to curb conclusion, if I should the liberties and rights of the individual conflict to an early of avoiding world war III. citizen. make a direct answer to the gentleman's The SPEAKER pro tempore (Mr. Mc- question. I hope the gentleman will GuIRE). Under previous order of the But it strikes me as being absolutely understand. House, the gentleman from Massachu- irrefutable that any nation, such as our Mr. GROSS. Are you not just as dead setts [Mr. PHILBIN] is recognized for 30 own, that can recognize and continue if you are killed by an atomic warhead minutes. diplomatic relations with the Soviet a 3-inch shell could claim no sound reason for refusing as if you were killed by MOVE FOR PEACE NOW or the fragments of one? to recognize a government like Spain. Mr. JACKSON of Washington. The Mr. PHILBIN. Mr. Speaker, I was The Soviet is engaged in persecuting gentleman is opening up a :'hole new truly gratified to learn that the State not only minorities, but majorities, of its subject of discussion. I for one want to Department, after such a great lapse of own people and the peoples of other measure my remarks when I get into time, had changed its attitude toward formerly free nations. One dictator- the subject the gentleman now proposes Spain. The recent negotiations with ship is not necessarily benign while an- to open. I think there are people who that nation conducted under the leader- other is malignant. should speak out on that in connection ship of our late lamented and very great So far as idealistic Americanism is with the matter at the proper time. I naval hero, Admiral Forrest Sherman, concerned, any form of dictatorship must do not feel in a position at this moment whose tragic and untimely demise we all be looked upon with disapproval. But I to speak. We make tactical weapons so deeply mourn, mark a most welcome would reiterate that mere disapproval 12874 CONGRESSIONAL RECORD-HOUSE OCTOBER 9 of a form of government is not necessar- friendship toward our own Nation, and destruction of our cherished ideals of ily grounds for nonrecognition and non- has proffered the hand of friendship to- democracy and freedom? cooperation in the sphere of world pol- ward America, even in misrepresenta- I would be the last one to admit that ity, and particularly with regard to our tion and vilification by organized groups. there is serious risk involved in any program for protecting the freedoms of I have not the slightest doubt that diplomatic policy respecting Marxism. democracy-minded peoples against those most Americans will approve the belated There are risks of diplomatic breaks who are conspiring to superimpose the action of our Nation in moving toward which in my opinion should have been super-state of Godless, atheistic, Marx- the expansion and consolidation of our assumed long ago. There is the risk of ist communism upon the entire world. diplomatic relations and security coop- the repetition of blockades. There is the Such a policy is unrealistic and contrary eration with Spain. If current reactions risk of extending the iron curtain to to American interests. to these measures can be counted and other areas of the world. There is the I am not prepared to inveigh against evaluated, it would appear that large risk of war. But there is also another the present Spanish government; neither numbers of American people will re- risk which should cause Americans and do I advocate or sponsor the principles serve opinion as to the motives which all lovers of freedom to shudder, namely, upon which it is based. Whatever the prompted the softening of our attitude world domination by communism and limitations of the Spanish Government toward Spain at this particular time. the ultimate destruction of this Nation as measured by American ideals, what- Why have we waited so long to recog- from without, if not from within. ever undemocratic character attaches nize Spain? Why have we waited so In my opinion, if this Nation delays too to the present Spanish regime, it must be long to take measures looking toward long in formulating and executing an un- acknowledged and admitted that that the utilization of her territory and re- yielding and uncompromising policy to- nation has not carried on ruthless ag- sources, material and human, in the pro- ward Marxism, we will be inviting dis- gression against its neighbors. tection of western civilization? These aster. The disaster may not come in a It has not closed down an iron curtain are questions that will be asked by many year or in 5 years, but it will come ulti- against its borders and the borders of Americans. mately just as the sun will rise tomor- other free nations which, by diplomatic I recognize the argument that will be row, and it will come at a time when our concessions, by aggression, or by infiltra- made by some from now on, that our potential enemies have organized and tion, it has managed to dominate. Nation should follow the British Social- consolidated their ill-gotten gains arid It has not set up Trojan horses of in- ist lead and join in the recognition of are strong and powerful, when perhaps filtration, conspiracy and subversion in Red China. But I wonder whether we we have dissipated our resources and are other Democratic nations. propose to countercheck the surge of not as able to cope with them as we are It has not unloosed a flood of propa- Marxist expansion, infiltration, impe- today. No one can predict how much ganda, espionage and sedition in other rialism, and aggression. I wonder how longer our economic system can stand nations and in the United States. far this Nation can afford to permit the strains and burdens of limited war. It has not perverted sworn officials of Marxism, by aggression or subversion, We should wake up and put these great our own Government to the shameful be- to spread its slimy tentacles across the national and world questions on a firm, trayal of solemn public trust. face of the earth? When do we propose consolidated basis of militant defense of It has not plotted and promoted per- to lay down a firr, declarative policy to America, Americanism, and democracy. fidy and treason among our workers, the Soviets and their puppets worthy Let there be no flinching or compromis- among our citizens, and among our Gov- of our great Democracy, worthy of our ing, or further appeasement. If a truce ernment officials. war aims, worthy of the ideals and sacri- comes in Korea, it should be predicated It has not conspired for the destruc- fices of our people? We did not do it on sound principles of upholding the dig- tion of our free institutions. at Berlin. We did not do it at Yalta, nity and interests of our own Nation. If It has not spread Marxist or Fascist Tehran or Potsdam. We did not do it the Soviets are sincere in their peace of- doctrines throughout the world and in in Poland and Lithuania or in Czecho- fensive, if they really mean to have peace, our own Nation. slovakia, and we have not done it in let our country joyfully embrace the op- It has not stagnated and ridiculed the China or Formosa. How much longer portunity to establish a just and lasting efforts of the United States to establish can we afford to wait before calling a peace. But we seek definite proof of and maintain a just and lasting peace in halt to the movement of encirclement sincerity of motives and honesty of pur- the world. which is rapidly outflanking this Nation pose from those who have operated up to It has not reduced millions of helpless. militarily and economically, both from this time by strategy based upon deceit, defenseless democratic-minde'l peoples the east and the west? lying, propaganda, intimidation, and vio- to serfdom more cruel than that of Are we so weak and spineless that we lence. Hitler. will stand by while our citizens like news- If the Russians really mean business It has not moved to enslave the peo- paperman Oatis regarding their professions for peace, let Orient, China and Indochina, and others are rotting in ples of the foreign Marxist jails without making a them indicate their willingness to sit the Malayan Peninsula, and India and around the peace table and in an honest Africa. real determined effort to free them? Are we so indifferent to the plight of spirit discuss principles and definite It has not engaged and assisted other measures by which peace can be nations to wage ruthless willful war those professing honest and sincere re- ligious beliefs that we remain silent and achieved. The first of these measures against their neighbors. must be disarmament and the control It has not been a party thereby to the inactive while more than 65,000,000 Christians are shut in behind the iron of atomic and hydrogen energy and maiming and killing of more than 85,000 other terrible modes of destruction. Let American boys. curtain, shamefully persecuted, jailed, pilloried, humiliated beaten, their us not permit the belated negotiations It has not done any of the outrageous A'nd with Spain to be used in any propaganda things which violate and challenge free leaders stripped of their sacred robes, lashed and drugged? Shall we make no sense as a bait for appeasement of Red institutions, threaten the security of our China and her admission into the United Nation, and which have made it neces.- real determined effort to help these suf- fering people? Shall we refuse to lift a Nations. sary for us to wage a limited war 8,000 I am somewhat out of patience hear- miles from our own shores and to main- finger to relieve them from bondage and ing high policy officials of this Govern- tain the largest peacetime armed forces persecution? The American people want to know. ment making speeches up and down the in history at overburdening expense to Nation telling the American people how the American people. Thinking Americans, must be greatly powerful our enemies are, how destruc- To the contrary, dictatorship or no disturbed and greatly concerned about tive their weapons are, how very much dictatorship, the Spanish Government the press of Marxist influence into all in danger of atomic attack our Nation has stood for moral and religious princi- parts of the civilized Christian world. is, how certainly it can be bombed and ples, for cooperation with other nations Is this what we fought for? Is this what smashed by foreign planes. The Amer- in defending the free world and in pro- our boys bled and died for, to insure ican people well know the dangers in the moting peace and friendly relations. world conquest and domination by com- present international situation, as well Moreover, that government has exhib- munism over democratic government and as the potential strength of the Soviet, ited a most warm-hearted good will and democratic principles, and the complete and they cannot be scared or frightened 1951 CONGRESSIONAL RECORD-HOUSE 12875 into yielding to appeasement and craven military secrets should be published in the "I think this Executive order represents cowardice by high-powered, blood-cur- newspapers or that anyone has a right or a reasonable approach to a very difficult to build fear duty to see that military secrets are made problem. I think it will work in the public dling speeches calculated public. I believe that everyone, including interest, and I expect to watch it closely Nation. and war hysteria in the Members of Congress and newspaper editors, to see that it is not used as an excuse for In fact, the American people would be should think twice before advocating a the- withholding information to which the pub- interested in hearing some speeches ory that would lead to that result. Whether lic is legitimately entitled. about the strength of our own arms, the it be treason or not, it does the United States "It may well be that experience under power of our own productive machines, just as much harm for military secrets to be the order will indicate that It should be the vitality and greatness of our own made known to potential enemies through changed. In that case I will be glad to open publication, con- Nation, our potential to wage war against as it does for military se- change it, and I will be glad to give and firm in- crets to be given an enemy through the clan- sideration to reasonable suggestions for possible enemies, our ability destine operations of spies." changes that are advanced in good faith. tention to defend the United States, and OBJECTIVES EASILY AGREEDON "I would like to suggest to those who are our great striking power through the air seriously and honestly concerned about this and on the sea against any nation that "On the other hand, I do not believe that matter that they consider it objectively and protection of military secrets should be made with the interest of the United States upper- dares attack us. a cloak or cover for withholding from the most in their minds. I would like to sug- These are some of the things the people information about their Government gest that they consider how we can best American people would like to hear from which should be made known to them. I be- accomplish objectives which all of us should in these troubled days in- lieve that everyone, including our leadership Government be able to agree upon. I do not believe that officials, should try stead of whining fear and useless specu- to prevent this from the best solution can be reached by adopt- happening. lation about the dangers we face. Let us ing an approach based on the theory that be prepared and fear neither friend nor "It is easy to agree on these two objectives, everyone has a right to know our military foe. Let us deal justly and honorably but it was difficult to establish the means for secrets and related iniormation affecting the with all nations and place our faith in accomplishing both of them. national security." "In those agencies of the Government the Lord. priminarily concerned with national secur- EXTENSION OF REMARKS These great issues will have to be met ity matters, such as the Department of State and faced some time. As I have advo- By unanimous consent, permission to and the Department of Defense, we have had ertend remarks in the Appendix cated for a long time, in my judgment for a number of years a system of classify- of the they should be met, courageously, ing information to prevent its disclosure to RECORD, or to revise and extend remarks, bravely, and militantly, but with a unauthorized persons when It would be dan- was granted to: clearly expressed desire for world peace, gerous to the national security. This sys- Mr. WICKERSHAM in six instances and rather than later when the tides of inter- tem has worked reasonably well, although to include addresses by Dr. Bennett. military and economic strength it has not in all instances prevented the Mr. LANE in two instances and to in- national publication of information which aided our may have turned preponderantly against clude extraneous matter. enemies against the United States and in Mr. BURDICK in four instances and in us. I hope that the Government may be other cases it has been used to classify in- prompted to consider and act upon these formation which actually had no particular two to include quotations. proposals now. The American people relationship to national security." Mr. HINSHAW and to include an article entitled "What Price Air Power?" not- are indignant that any part of our world AGENCIES BORROW SECRETS policy should have been shaped by men withstanding the fact that it exceeds the "In the present defense mobilization pe- limit and is estimated by the Public who do not believe in democracy, and riod, it has become necessary in an increas- they earnestly seek repudiation of the ing number of cases to make military secrets Printer to cost $246. principles and shameful commitments available to executive agencies other than Mr. VAN PELT and to include an edi- such men were able to write into Amer- the military departments in order that these torial. ican foreign policy. With faith in the other agencies might effectively perform Mr. STEED. Almighty, their functions that are necessary in sup- Mr. JONES of Alabama and to include let us act, and act before it neces- is too late. porting the defense effort. It is also a letter. sary for some of the civilian agencies such as Mr. RABAUT and to include extraneous SECURITY OF THE UNITED STATES the Central Intelligence Agency and the matter. Federal Bureau of Investigation, for example, Mr. McCORMACK. Mr. Speaker, I to originate and protect some information Mr. KELLEY of Pennsylvania and to in- ask unanimous consent to have printed vital to our defense. It should be readily clude a letter. at this point in the RECORD, a statement apparent that military secrets in the hands Mr. JOHNSON (at the request of Mr. by President Truman on October 4, 1951. of these other agencies should be protected MARTIN of Iowa) and to include a quota- The SPEAKER. Is there objection to just as much as when they are in the hands tion. the request of the gentleman from Mas- of the military departments. It would also Mr. MARTIN of Iowa and to include a sachusetts? seem to be sensible to provide that different speech. agencies take the same kind of precautions There was no objection. to protect this information. It would not Mr. KERSTEN of Wisconsin in two in- Following is the text of a statement by make any sense to have a paper containing stances and in each to include extrane- President Truman today defending his re- military secrets carefully locked up in a ous matter. cent order tightening control over Govern- safe in the Peztagon, with a copy of the same Mr. SMITH of Wisconsin in two in- ment information: paper left lying around on the desk of a stances and in each to include extrane- "There has been considerable misrepre- lawyer in the Justice Department. ous matter. sentation and misunderstanding of the "Now the purpose of this Executive order Mr. ASPINALL in two instances and Executive order issued on September 24, 1951, to these in is to provide a common-sense answer each to include extraneous matter. relating to the handling of information problems. It is to provide that information which has been classified in order to protect affecting the national security shall continue Mr. CARNAHAN and to include extrane- the national security. This Executive order to be protected when It gets out of the hands ous material. represented an honest effort to find the best of the military departments and into the Mr. SPRINGER and to include an edi- approach to a problem that is important to hands of other agencies. The purpose is to torial from the Peoria Journal of Sep- the survival of the United States. I issued provide that these other agencies shall pro- this order with great reluctance, and only tember 25, 1951, together with his com- vide the same kind of protection that is ments thereon. when I was convinced after lengthy consid- provided in the military departments." eration that it was necessary to protect the Mr. SIEMINSKI. CORRECTIONOF ABUSES United States against its potential enemies. ENROLLED BILLS SIGNED I think my record in defending civil liberties "Another purpose of the order-and it is in this country demonstrates that I have no a most important purpose-is to provide that Mr. STANLEY, from the Committee desires to suppress freedom of speech or information shall not be classified and with- on House Administration, reported that freedom of the press. held from the public on the ground that It that committee had examined and found "I would like for the public to understand affects the national security unless it is in truly enrolled bills of the House of the what this order undertakes to do and why fact actually necessary to protect such infor- it was necessary to issue it. mation in the interests of national security. following titles, which were thereupon "In its simplest terms, the problem is what "In other words, one of the purposes of signed by the Speaker: we should do to keep military and related this Executive order is to correct abuses H. R. 5113. An act to maintain the security secrets from falling into the hands of ene- which may have grown up by use of over- and promote the foreign policy and provide mies of the United States. I do not believe classification of information in the name for the general welfare of the United States that any one could seriously contend that of national security. by furnishing assistance to friendly nations 12876 CONGRESSIONAL RECORD--HOUSE OcsonpER 9 in the interest of international peace and titled "A bill to authorize the construction, of pharmacy and the sale of poisons and for security; operation, and maintenance of the Initial other purposes, as enacted by Congress, May H. R. 5257. An act to amend section 9 of phase of the Snake River reclamation proj- 7, 1906, and as amended February 27, 1907, the Federal-Aid Highway Act of 1950 (64 Stat. ect by the Secretary of the Interior"; to the and as amended March 4, 1927 (D. O. Code 785), to increase the amount available as an Committee on Interior and Insular Affairs. of 1929. title 20, sec. 2-601 et seq.); to the emergency relief fund for the repair or re- 863. A letter from the Director, Adminis- Committee on the District of Columbia. construction of highways and bridges dam- trative Office of the United States Courts, H. R. 5663. A bill to provide for the control, aged by floods or other catastrophes; and transmitting a resolution adopted by the inspection, and equipment of pharmacies in H. R. 5504. An act to amend section 12 of Judicial Conference of the United States at the District of Columbia; to the Committee the Federal-Aid Highway Act of 1950 to in- its sessions held in Washington September on the District of Columbia. crease the amount available for the construc- 24-26, 1951, in reference to S. 1958, an act By Mr. KILDAY: tion of access roads certified as essential to to provide for jury trials in condemnation H. R. 5664. A bill to provide for an increase the national defense. proceedings in the United States district in the pay and certain allowances of mem- courts; to the Committee on the Judiciary. bers of the uniformed services; to the Com- BILLS PRESENTED TO THE PRESIDENT 864. A letter from the Secretary of State, mittee on Armed Services. Mr. STANLEY, from the Committee transmitting a draft of a proposed bill en- By Mr. MANSFIELD: on House Administration. reported that titled "A bill to amend the Foreign Service H.R.5665. A bill to provide that post- Act of 1946, as amended, and for other pur- masters and rural carriers in the postal serv- that committee did on this day present poses"; to the Committee on Foreign Affairs, ice shall be appointed solely on the basis of to the President, for his approval, bills fitness to perform the duties of the position; of the House of the following titles: to the Committee on Post Office and Civil REPORTS OF COMMITTEES ON PUBLIC An act to confer jurisdiction on Service. H. R. 990. BILLS AND RESOLUTIONS the Court of Claims to hear, determine, adju- By Mr. SHELLEY: dicate, and render judgment on the claim of Under clause 2 of rule XIII, reports of H. R. 5666. A bill to authorize the Maritime Preston L. Watson, as administrator of the committees were delivered to the Clerk Administration to assist in the conversion which of certain vessels into ore carriers for use goods and chattels, rights, and credits for printing and reference to the proper were of Robert A. Watson, deceased; in the foreign trade of the United States; H. R. 1227. An act to amend further the calendar, as follows: to the Committee on Merchant Marine and act entitled "An act to authorize the con- Mr. HART: Committee on Merchant Ma- Fisheries. struction of experimental submarines, and rine and Fisheries. Report pursuant to sec- H. R. 5667. A bill to make clear that fisher- for other purposes"; tion 136 of the Legislative Reorganization men's organizations, regardless of their H. R. 3205. An act to amend the Veterans Act of 1946, Public Law 601, Seventy-ninth technical legal status, have a voice in the ex- Regulations to provide that multiple sclerosis Congress. Report on the handling of ex- vessel sale of fish or other aquatic products developing a 10 percent or more degree of plosives under the supervision of the Coast on which the livelihood of their members disability within 2 years after separation Guard in the Territories of Hawaii and depends; to the Committee on Merchant from active service shall be presumed to be Alaska; without amendment (Rept. No. Marine and Fisheries. service-connected; 1113). Referred to the Committee of the By Mr. HILLINGS: H. R. 3504. For the relief of Nison Miller: Whole House on the State of the Union. H.R. 5668. A bill making it a Federal H. R. 4475. An act to amend the Agricul- Mr. BUCKLEY: Committee on Public offense for an officer or employee of the tural Adjustment Act of 1938, as amended; Works. H. R. 4963. A bill to authorize the United States to accept any compensation H. R. 5113. An act to maintain the security construction, operation, and maintenance of or gratuity from any officer or member of and promote the foreign policy and provide certain fuel-fired electric-generating plants a national committee of a political party; for the general welfare of the United States in order to make it possible for the Depart- to the Committee on the Judiciary. by furnishing assistance to friendly nations ment of the Interior to meet certain de- By Mr. FALLON: in the interest of international peace and fense-power requirements in the Pacific H. R. 5669. A bill to provide for the issu- security; Northwest, and for other purposes; with ance of a special postage stamp in com- H. R. 5257. An act to amend section 9 of amendment (Rept. No. 1114). Referred to memoration of the one hundred twenty-fifth the Federal-Aid Highway Act of 1950 (64 the Committee of the Whole House on the anniversary of the granting of the Baltimore Stat. 785), to increase the amount available State of the Union. & Ohio Railroad charter: to the Commit- as an emergency relief fund for the repair Mr. GORDON: Committee on Foreign Af- tee on Post Office and Civil Service. or reconstruction of highways and bridges fairs. House Joint Resolution 331. Joint By Mr. SPENCE: damaged by floods or other catastrophes; and resolution authorizing the President to in- H. R. 5677. A bill to amend certain hous- H. R. 5504. An act to amend section 12 of vite the States of the Uihon and foreign ing legislation to grant preferences to vet- the Federal-Aid Highway Act of 1950, to in- countries to participate in the Chicago In- erans of the Korean conflict; to the Commit- crease the amount available for the construc- ternational Trade Fair, to be held in Chicago, tee on Banking and Currency. tion of access roads certified as essential to Ill., March 22 to April 6, 1952; without By Mr. WALTER: national defense. amendment. (Rept. No. 1115). Referred to H. R. 5678. A bill to revise the laws relat- the House Calendar. ing to immigration, naturalization, and na- LEAVE OF ABSENCE tionality; and for other purposes; to the consent, leave of ab- Committee on the Judiciary. By unanimous REPORTS OF COMMITTEES ON PRIVATE sence was granted to Mr. BELCHER (at By Mr. TRIMBLE: BILLS AND RESOLUTIONS H. Res. 455. Resolution to print the pray- the request of Mr. SCHWABE), on account Under clause ers offered by the Chaplain, the Reverend of the death of his father. 2 of rule XIII, reports Bernard Braskamp, D. D., at the opening ses- ADJOURNMENT of committees were delivered to the Clerk sions of the House of Representatives of the for printing and reference to the proper United States, Eighty-second Congress, from Mr. SIEMINSKI. Mr. Speaker, I calendar, as follows; January 3, to October 8, 1951, inclusive; to move that the House do now adjourn. Mr. BYRNE of New York: Committee on the Committee on House Administration. The motion was agreed to; according- the Judiciary. H. R. 3219. A bill to confer ly (3 o'clock and 18 minutes, p. m.) the jurisdiction upon the United States District PRIVATE BILLS AND RESOLUTIONS House, under its previous order, ad- Court for the Northern District of Texas to journed until tomorrow, Wednesday, Oc- hear, determine, and render judgment upon Under clause 1 of rule XXII, private tober 10, 1951, at 11 o'clock a. m. the claim of Robert E. Vigus; with amend- bills and resolutions were introduced and ment (Rept. No. 1111). Referred to the severally referred as follows: Committee of the Whole House. EXECUTIVE COMMUNICATIONS, ETC. By Mr. BEALL: Mr. RODITlO: Committee on the Judiciary. H. R. 5670. A bill for the relief of John H. Under clause 2 of rule XXIV, executive H. R. 2962. A bill for the relief of the widow Vogel; to the Committee on the Judiciary. communications were taken from the of Frank Winfield Burman, lieutenant, By Mr. BRAY: Speaker's table and referred as follows: United States Naval Reserve; with amend- H. R. 5671. A bill for the relief of Humberto ment (Rept. No. 1112). Referred to the Garcia; to the Committee on the Judiciary. 861. A letter from the Chairman, United Committee of the Whole House. States Civil Service Commission, transmit- H. R. 5672. A bill for the relief of Salvatore ting the Thirtieth Annual Report of the Dominguez and Barbara Dominguez; to the Board of Actuaries of the Civil Service Re- PUBLIC BILLS AND RESOLUTIONS Committee on the Judiciary. By Mr. JACKSON of California: tirement and Disability Fund for the fiscal Under clause 3 of rule XXII, public year ended June 30, 1950, pursuant to sec- H.R. 5673. A bill for the relief of Mrs. tion 16 of the Civil Service Retirement Act; bills and resolutions were introduced and Shizu Ikezaki Horita; to the Committee on to the Committee on Post Office and Civil severally referred as follows: the Judiciary. Service. By Mr. DURHAM: By Mr. KELLEY of Pennsylvania: 862. A letter from the Secretary of the H. R. 5662. A bill to amend the laws of the H. R. 5674. A bill for the relief of Mark Interior, transmitting a draft of a bill en- District of Columbia to regulate the practice O'Toole; to the Committee on the Judiciary. C~3GRESSr~WP~CI RF~CQRt3--K(3~SE; By Mr. RADWAN: business of the day and any other spe- The Clerk ca))ed the rodl, and tle fol- H. R. 5675. A bill for the relief of Henry cial orders heretofore entered. lowing Members failed to answer to their Rang: to the Committee on the Judiciary. Mr. BROOKS asked and was given names: By Mr. THORNBERRY (by request) : permission to address the House today (Roll No. 1961 H. R. 5676. A bill for the relief of Max Hermann Kellbar; to the Committee on the for 1 hour, following the legislative busi- Abbitt Fulton Morrison ness of the day and any other special Allen, La. Furcolo Morton Judiciary. Anderson, Calif.Gamble Moulder orders heretofore entered. Andresen, Gary Multer RESERVE POLICY LEGISLATION August H. Gathings Mummnia PETITIONS, ETC. Anfuso Gavin Murphy Under clause 1 of rule XXII: Mr. BROOKS. Mr. Speaker, I ask Bailey Golden Murray, Wis. unanimous consent to address the House Baker Goodwin Norblad 454. The SPEAKER presented a petition of Barrett Gore O'Konskl International Union of Electrical, Radio, and for 30 seconds. Bates, Ky. Granahan Patterson Machine Workers, Washington, D. C., relative The SPEAKER. Is there objection Battle Green Perkins to immediately making available the neces- to the request of the gentleman from Belcher Gregory Phillips sary funds for civilian defense, which was Louisiana? Berry Hall, Poage on Appropria- Blackney Leonard W. Powell referred to the Committee There was no objection. Boggs, La. Hand Preston tions. Mr. BROOKS. Mr. Speaker, I simply Bramblett Harvey Priest wanted to announce that I asked for 1 Brown, Ohio H6bert Prouty Burdick Hedrick Quinn hour today to address the House because Burleson Heffernan Redden HOUSE OF REPRESENTATIVES some of the members of the Armed Serv- Burton Heller Regan ices Committee desire to discuss the Re- Busbey Herlong Rhodes Byrne, N Y. Herter Ribicoff WEDNESDAY, OCTOBER 10, 1951 serve policy bill which will come up for Byrnes, Wis. Hoffman, Ill. Rogers, Mass. consideration next week. We wanted Case Holifield Roosevelt The House met at 11 o'clock a. m. to invite the Members of the House to Celler Howell Sabath The Chaplain, Rev. Bernard Braskamp, Chlperfield Jackson, Calif. Scott, Hardie participate in the discussion and give Chudoff James Shafer D. D., offered the following prayer: them notice that that will be brought Clevenger Jarman Sheehan up after the conclusion of business on Cole, N. Y. Javits Shelley O Thou who hast made Thyself known Combs Jensen Short as a prayer-hearing and prayer-answer- the Speaker's desk today. Crawford Kearney Simpson, Ill. ing God, help us to believe that more INOOKA KAZUMI Dague Kelly, N. Y. Stanley Dawson Kennedy Stigler things are wrought by prayer than we Mr. WALTER. Mr. Speaker, I ask Deane Keogh Stockman have ever dreamed of. unanimous consent for the immediate Delaney Kilburn Taylor Give us the glad assurance that consideration of S. 2080, for the relief Dempsey Kirwan Teague through communion with Thee our con- Denton Klein Thompson. Tex. of Inooka Kazumi, which is at the Speak- Dingell Larcade Thornberry fused and intractable spirits can be er's desk. Dollinger Latham Vinson lifted out of restlessness into peace, out The Clerk read the title of the bill. Dorn Lesinski Vorys of weakness into strength, out of sorrow Eherharter Lucas Werdel The SPEAKER. Is there objection to Elston McConnell Whitaker into joy, and out of defeat into victory. the request of the gentleman from Penn- Fallon McCulloch Willis Grant that we may always have such sylvania? Fenton McGrath Wilson, Ind. a clear vision of Thy will that none shall Fine Mack, Ill. Wolverton Mr. MILLER of Nebraska. Reserving Flood Magee Wood, Idaho ever lose his way. Inspire us with wis- the right to object, Mr. Speaker, I would Fogarty Marshall Yates dom to understand and interpret rightly like to know what the nature of the Ford Miller, Calif. the meaning of life's varied experiences. bill is. Frazier Miller, N. Y. May we keep our minds and hearts Mr. WALTER. This is a bill to au- The SPEAKER. On this roll call 285 sensitive and responsive to the prompt- thorize an American army officer and Members have answered to their names; ings and leading of Thy divine spirit as his wife to bring a child into this country a quorum is present. we seek to discharge faithfully every which they legally adopted. The officer By unanimous consent, further pro- imperative duty. has orders to sail on Saturday of this ceedings under the call were dispensed Hear us in Christ's name. Amen. week. The Senate passed the bill last with. The Journal of the proceedings of yes- week. SECOND SUPPLEMENTAL APPROPRIATION terday was read and approved. Mr. MILLER of Nebraska. It sounds BILL, 1952 a good bill. MESSAGE FROM THE SENATE like The SPEAKER. Is there objection to Mr. CANNON. Mr. Speaker, by di- A message from the Senate, by Mr. the present consideration of the Senate rection of the Committee on Appropria- Landers, its enrolling clerk, announced bill? tions, I move that the House resolve it- that the Senate had passed a bill of the There was no objection. self into the Committee of the Whole following title, in which the concurrence The Clerk read the bill, as follows: House on the State of the Union for of the House is requested: Be it enacted, etc., That, for the purposes the consideration of the bill (H. R. 5650) S. 1203. An act to provide for the appoint- of sections 4 (a) and 9 of the Immigration making supplemental appropriations for ment of additional circuit and district Act of 1924, as amended, and notwithstand- the fiscal year ending June 30, 1952, and judges, and for other purposes. ing any provisions of law excluding persons for other purposes. EXPLANATION OF VOTE of races ineligible to citizenship from ad- Pending that motion, I would like to mission to the United States, the minor agree with the gentleman from New Mr. WIGGLESWORTH. Mr. Speaker, child, Inooka Kazumi, shall be held and con- York [Mr. TABER] as to time for general I ask unanimous consent to address the sidered to be the natural-born alien child of debate. House for 30 seconds. Mr. and Mrs. Henry Frazer Harris, Jr., citizens of the United States. Mr. TABER. Mr. Speaker, I have sev- The SPEAKER. Is there objection eral requests for time. I think we ought to the request of the gentleman from The bill was ordered to be read a third to have an hour and a half on a side. Massachusetts? time, was read the third time, and There was no objection. Mr. CANNON. The gentleman does passed, and a motion to reconsider was not think we can get along with 1 hour Mr. WIGGLESWORTH. Mr. Speak- laid on the table. on a side? er, yesterday on roll calls 194 and 195 CALL OF THE HOUSE I was unavoidably absent. If present Mr. TABER. I would think not, al- I would have voted "nay" on the motion Mr. HOEVEN. Mr. Speaker, I make though I would like to. I will not use to recommit and I would have voted the point of order that a quorum is any more time than I am compelled to. "yea" on the passage of the bill. not present. I think that would be a fair figure, how- The SPEAKER. Evidently a quorum ever. SPECIAL ORDERS GRANTED is not present. Mr. CANNON. Mr. Speaker, I ask Mr. BAKEWELL asked and was given Mr. McCORMACK. Mr. Speaker, I unanimous consent that the time be lim- permission to address the House today move a call of the House. ited to not to exceed 3 hours, one-half to for 5 minutes, following the legislative A call of the House was ordered. be controlled by the gentleman from New,