S 16190 CONGRESSIONAL RECORD - SENATE • October 12, 1971 Access: As to the first of them-the indi­ reconcile their theory to the facts. It is not United states. This translates into a con-' vidual's right to speak: TV time set aside this Administration that 18 pushing legal sumption rate of 1,408 million barrels a for sale should be available on a first-come, and regulatory controls on television, in order first-served basis at nondiscriminSitory to gain an active role in determining con­ day-enough oil to fill 62,000 railroad rates-but there must be no rate regulation. tent.. It is not th18 Adminlstration that 18 tank cars making a train 500 miles long. The individual would have a right to speak urging an extension of the Fairness Doctrine These statistics should be viewed in on any matter, whether it's to sell razor into the details of television news--or into terms of the impact of petroleum prod­ blades or urge an end to the war. The the print media. ucts on our daily lives. In this connection, licensee should not be held responsible for There is a world of difference between the I should mention that crude oil supplied the content of ads, beyond the need to guard professional responslblllty of a free press and agalnst lllegal material. Deceptive product the legal responslbUlty of a regulated press. 43.2 percent of all domestic energy needs ads should be controlled at the source by the This is the same difference between the in 1969. More than 60 percent of this Federal Trade Commission. This private right theme of my proposals today and the current amount was used to power various modes of access should be enforced-as most pri­ drift of broadcasting regulation. Which will of transportation, with the level of con­ vate rights are enforced-through the courts you be-private business or government sumption in this area increasing at an and not through the FCC. agent?-a responsible free press or a regu­ annual rate'in excess of 4.5 percent. Fuel License Renewals: As to the second lated press? You cannot have it both ways­ oil consumption is also increasing at a claim-the opportunity of the public to be neither can government nor your critics. informed on public issues: This is the type rapid rate. of "pubUc interest" traditionally protected Those who oppose the pipeline want to by regulatory agencies, but it should be done THE ALASKA PIPELINE ignore these statistics, and the fact that in a manner which recognizes it as an over­ crude oil consumption is related to ac­ all right, which can1not sensibly be enforced Mr. STEVENS. Mr. President, one of tivities which will expand as our popu­ on a case-by-case basis. It can best be pro­ the major challenges confronting us to­ lation increases. It is my view that many tected, I suggest, not in countless proceed­ day is the future direction, methodology, of these opponents would be among the ings involving individual complaints, but in and pace of our science oriented, tech­ the course of the renewal process. The li­ first to protest if they were forced to nological society. Some people have walk many miles to work or to live in censee would be obligated to make the total­ translated this challenge into an attack ity of programming thSit is under his con­ unheated houses because of the lack of trol (including public service announce­ on science and technology, which they sufficient energy supplies. Moreover, I do ments) responsive to the interests and con­ view as antihumanistic and materialistic. not believe that any of us would be will­ cerns of the community. The criterion for I cannot agree with this position. In­ ing to compromise our national security renewal would be whether the broadcaster stead, it seems to me that the challenge by placing too great a dependence on has, over the term of his llcense, made a is to harmonize our technology with good faith effort to ascertain local needs and foreign energy sources. A dependence of more spiritual values. This trend has al­ this type by the United States and its interests and to meet them in his program­ ready begun. As Mr. Charles Reich, the ming. There would be no place for govern­ allies could change world geopolitiCS in ment-conceived program categories, percent­ author of "The Greening of America," a manner that would be extremely detri­ ages and formats, or any value judgment on has observed: . mental to our national interests. specific program content. A new consciousness will arise which seeks There should be a longer TV license pe­ restoration of the non-material or spiritual Thus, our pipeline construction should riod with the license revocable for cause and elements of man's existence ... (and) seeks not be postponed but, rather; we should the FCC would invite or entertain competing to transcend science and technology. use ow' advanced technology to resolve applications only when a license is not re­ the difficulties. In this way, the develop­ newed or is revoked. The eminent scientist, Dr. William mental policies which have led to ram­ I believe these revisions in the access and McElroy, now Director of the National pant pollution and the destruction of renewal processes wlll add stabUlty to your Science Foundation and formerly a pro­ natural beauty in the "South 48" States industry and avoid the bitter adversary fessor at the Johns Hopkins University, can be avoided. struggle between you and your community has expressed general agreement with groups. They recognize the new concerns of I also believe that the pipeline project this concept. In a speech delivered at the must be viewed in the context of past access and fairness in a way that minimizes 30th annual science talent search award government content control. achievements which have been made I'm not saying that this wlll eliminate banquet, he stated that: possible through the prudent use of our controversies. But it will defuse and change The impersonal machine, I believe, has science and technology. Although it will the nature of the controversies. often been the dominant in our lives, and it's be the largest project of its type ever Radio De-Regulation: We can go further high time we reasserted the primacy of man's humanism. undertaken by man, the pipeline is by with radio. Yesterday I sent a letter,to Dean no means the first to involve difficult Burch proposing that OTP and the FCC However, Dr. McElroy was quick to jointly develop an experiment to de-regulate construction and operational problems,J>r point out that we should not lose our to receive well-motivated but unwir'r­ commercial radio operations. sense of balance by reacting in a way that We proposed that one or more large cities ranted public criticism from certain be selected as de-regulatory test markets in .will impair the ability of science to im­ quarters. We need only look at the Pan­ which radio assignments and transfers would prove our quality of life. ama Canal, which includes the world's be pro-forma. Renewais would not be re­ There are simply too many problems largest locking system; the Holland viewed for programming and commercial left unsolved, problems which are de­ Tunnel, which was the first automobile practices. And the Fairness Doctrine would pendent for their solution on the ad­ tunnel ever built; the Mackinac Strait be suspended. The experiment should be vancement of our science and technology. Bridge across Lake Michigan, which is only a first step. For most purposes, we shculd ultimately treat radiO as we now treat Thus, we must find better ways to re­ the longest anchorage-to-anchorage magazines. cycle waste materials, to restore our lakes bridge in the world; the Erie Canal, These are my proposals. The proposals are and rivers, to end malnutrition on a which was the longest manmade water­ just that-I have no legislation tucked in worldwide basis, et cetera. way ever built when it was completed in my back pocket that we are about to intro­ An excellent example of the need to 1825; the Verrazano Narrows Bridge duce. But, I wlll work for legislation if there use our technology for the betterment of linking Staten Island to Brooklyn, N.Y.; is support for these proposals. In short, my mankind is the proposed Trans-Alaska the Golden Gate Bridge; the Grand Cou­ message on all these proposals is that we've pipeline. As time passes, the difference lee Dam, and others. tried government program control and bu­ reaucratic standards of fairness and found between the rate of energy consumption Thus, I believe that we must not stifle that they don't work. In fact, they can't in the United States and the rate of sup­ SCience, which I equate with progress, but work. Let's give you and the publlc a chance ply is growing wider. This alarming dis­ relate it to the needs and activities of our to exercise more freedom in a more sensible parity is compelling evidence for the de­ SOCiety. In her book entitled "Silent framework and see what that can do. velopment of new domestic crude oil Spring," Rachel Carson points out in a There is one further aspect of freedom I sources, the kind of development which dramatic way that everything we do in would like to discuss. Some people suggest would be precfpitated by the construction nature affects something else, and any­ that this Administration is trying to use the of the TAPS pipeline. Thus, in 1970, the thing affecting nature eventually affects , great power of government licensing and reg­ domestic demand for petroleum products ulation to intimidate the press. Some even everyone. For this reason, scientists, en­ claim to see a malicious conspiracy designed reached an all time high of more than gineers, humanists, and others must work to achieve that end. They must ascribe to us 5.5 billion barrels, the equivalent of more together to define human needs and the a great deal of maliciousness, indeed-and a than 1,100 gallons of oil products for best way to satisfy them. Our ability to great deal of stupidity-in th~ attempt to every man, woman and child in the harness science to supply these answers Octo1Jer 12, 1971 CONGRESSIONAL RECORD - SENATE S 16189 John P. Tracey, who represents the ABA in redefines the relllltionships in the Communi­ and the turmoil of changing 11fe styles. As Washington, has stated that while support cations Act's triangle of government, private the East Coast renewals come up again, for Lega.l Services has held firm at the na­ industry, and the public. you're snickering about ascertalnment-sure tional level, the support has been spotty at But before I tell you what my proposais are, it was designed for Salina, Kansas, and not the local level due to the conservative nature. let me first tell you why I think a change is New York City-but I'll wager you'll all wrap of local bar associations, and that this local needed and why you should want one too. yourself in interview sheets when your ap­ support was crucial to the survival of the Look lilt the current state of the broad­ plications are filed In March. But that won't Legal Services Program. National Journal, casting business. You sell audiences to ad­ make you less vulnerable at renewal time supra at n.24. vertisers. There's nothing immoral about because you can have no assurance that your Another program offered as a means of that, but yo\\!" audience thinks your business efforts over the years will count for anything providing legal services to the poor is Judi­ is providing them with programs. And the if a competing application is fiied. "Substan­ care. But it is estimated by the Ollice of FCC regulates you in much the same way the tial performance" becomes "superior per­ Economic Opportun1ty that Judicare, the public sees you. It requires no blinding fiash formance" at the drop of a semantic hat and legal equlvalent of Medicare, would cost 3 of originality on my part to see that this means that the government has finally times as much per case as the current Legal creates a very basic confiict. adopted program percentage minimums. Services Program. Widiss, Legal Assistance for CBS's Programming Vice President says: That's the current price 9f renewal the Rural Poor: An Iowa Study, 56 IOWA L. "I've got to answer to a corporation that protection. REV. 100, 127 (1970). is in this to make money, and at the same So while we all talk about localism, we es­ .. S. 1305, 92d Cong., 1st Seas. (1971). time face up to a public responsibility ..." tablish national program standards. You go :Ii Public Broadcasting Act of 1967, 81 STAT. His counterparts at the other networks through the motions of discovering local 365, 47 U.S.C. §§ 390-99, as amended, 82 STAT. have the same problem. They all have to needs, knoWing that the real game is to sat­ 108, 47 U.S.C. § 396 (1968). program what people will watch-what gets isfy the national standards set by govern­ .. The Public T.V. Act of 1967, Hearings on the lowest cost-per-thousand. Sometimes ment bureaucrats. But it's not a game. Right S. 1160 Before the Subcomm. on Communica­ that's what the people want to wBltch, but now your programs are being monitored and tions of the Senate Comm. on Commerce, more often than not it's the least offensive taped and the results will be judged under 90th Cong., 1st Sess. 173 (1967) (testimony program. the FCC's 1960 Program Statement. Can you of Fred Friendly). But you don't care what I think about be safe In all 14 program categories? • >7 R. Evans & R. Novak, Defending Poor or your programs--and you shouldn't have to The Falrness Doctrine and other access Violent?, The Washington Post, May 7, 1971, care what any government ollicial thinks mechanisms are also getting out of hand. It at A-25. about your programs. is a quagmire of government program con­ But what does the public think? The signs trol and once we get Into it we can only sink aren't good. deeper. If you can't see where it's leading, COMMUNICATIONS POLICY Look at the new season: Twenty-two new Just read the Red Lion and BEM cases. The Mr. BAKER. Mr. President, as a re­ prime-time network law and order shows and situation comedies fill in between movies courts are on the way to making the broad­ sult of turmoil in the broadcasting in­ caster a government agent. They are taking dustry caused by recent FCC and court and sports. It's the same old fare. Life'S Harris poll is being interpreted to show that there away the licensees' First Amendment rights decisions, it has become apparent that is Wide public dissatisfaction With the enter­ and they are giving the public an abridge­ we must seriously reexamine the regula­ tainment-you offer. able right of access. In effect, the First tory framework established by the Com­ Kids and teen-agers are developing an im­ Amendment is whatever the FCC decides it is. munications Act of 1934. On Wednesday, munity to your commercials. Do you doubt However nice they sound in the abstract, October 6, Dr. Clay T. Whitehead, Di­ that advertisers are questioning the effective­ the FaiNless Doctrine and the new judicially rector of the Office of Telecommunica­ ness of TV as a sales medium? contrived access rights are simply more gov­ tionS Policy, made a thought-provoking How long Will you be able to deliver our ernment control masquerading as an expan­ speech to the International Radio and children to food and toy manufacturers? sion of the public's right of free expression. Parents are calling the Pied Piper to task­ Only the literary imagination can reflect Television Society on this subject. Be .... there were 80,000 letters to the FCC concern­ such developments adequately-Kafka sits cause I believe that all Senators will be ing the ACT petition alone. on the Court of Appeals and Orwell works interested in Dr. Whitehead's speech, I Consider the anomaly of blacks as your in the FCC's Ollice of Opinions and Review. ask unanimous consent that it be printed most faithful viewers and your most active Has anyone pointed out that the Fiftieth An­ in the RECORD. license challengers. niversary of the Commun1cations Act is 1948? There being no objection, the remarks I suppose it looks like I'm Just another "Big Brotaler" himself could not have con­ critic taking cheap shots at TV. But there's ceived a more diSarming "newspeak" name were ordered to be printed in the RECORD, for a system of government program control as follows: another side to the broadcasting business. In my part of Washington, it's no insult to call than the Fairness Doctrine. REMARKS OF CLAY T. WHrrEHEAD someone a successful businessman. You have I'm not seriously suggesting that the FCC This is a major speech-I read the ad­ crellited a successful business out of the air­ or the courts want to be "Big Brother" or ..-ance bllling and felt I had to say that. I people do watch television. Sure your success that 1984 is here, or that we can't choose a was also bllled as one Of the youngest and is measured In b1l1ions of dollars, but it's different path from the one we now seem to most controversial figures in government and also measured in public service and all those be on. You are at a crossroads-now you're communications. Before I've even opened my sets in use. probably clutching your "Chicago Teddy mouth, Nick Johnson hates me. But your success Is taking its toll. It's giv­ Bears" and wondering when Whitehead is Before- I read that advance b1lling, we Ing you viewership, but not viewer satisfac­ going to get to the point. The point is: We had planned one of my usu.a.l speeches. You tion-public visibll1ty but not public sup­ need a fundamental revision of the fmme­ know-a state of the universe message. But port. work of relationships In which you, the gov­ after a year Of st&ting and restating the You've always had criticism from your ernment, and the public, Interact. The un­ problems, I guess I can't get away With that audience but it never really mattered-you derpinnings of broadcast regulation are being any more. So this won't be that kind of never had to satisfy them; you only had to changed-the old status quo is gone and speech, but I've gotten attached to the for­ deliver them. Then the Rev. Everett Parker none of US can restore it. We can continue mat, so I'd like to spend a little time on the read the Communications Act. You all know the chaos and see where we end up. But etate Of broadcasting. I don't clalm to have there has to be a better way. the expertise that any of you have in broad­ the outcome of the WLBT-United Church Of Christ case. Once the public discovered its I have three proposals. They are closely casting; but in the first year Of OTP's life, rel'ated and I want you to evaluate them as we've been exposed to many of the relation­ opportunity to participate in the Commis­ sion's processes, it became inevitable that a package that could result in a major re­ ships between government, broadcasting, vision of the Communications Act. The pro­ and the public. TOday I want to focus on the rusty tools of program content control­ license renewal and the Fairness Doctrine­ posals are: one, eliminate the Fairness Doc­ those relationships. trine and replace It with a statutory right I'll probably sound a bit naive to you when would be taken from the FCC's hands and used by the public and the courts to make of access; two, change the license renewal I say that some of these relationships don't process to get the government out of pro­ make sense and should be changed. But you perform to their idea of the public interest. gramming; and three, recognize commercial why can't they be changed?-especially when radio as a medium that is completely differ­ they are the cause of many of our problems. Surprise! Nick Johnson is right. The '34 ent from TV and begin to de-regulate it. The Communications Act isn't sacrosanct. Act is simply being used and enforced. But I propose that the Fairness Doctrine be It's a 37-year-old law that was intended to where is that taking us? abandoned. It should be replaced by an act police radio interference-and it has frozen Look at where we're going on license re­ of congress that meets both the clalm of our thinking about broadcasting ever since. newals. In city after city, in an atmosphere individuals to use Of the nation's most im­ But, something more than that is needed in of bewilderment and apprehenSion, the portant mass media and the clalm Of the a day when the electronic mass media are broadcaster is being pitted against the peo­ public BIt large to adequate coverage of pub­ becoming the mass media. ple he's supposed to serve. The proxy for the llc issues. These are two distinct clalms and There are a number of directions to choose public becomes the patsy who is held re­ they cannot both be served by the same trom, and I'm here to propose one--one that sponsible for the Vietnam War, pollution, mechanism. S 16186 CONGRESSIONAL RECORD-SENATE October 12, 1971 HISTORY OF LEGAL SERVICES CTeation of a separate entity controlled by than aid in the perpetuation of the poverty PROGRAM a board of directors broadly representative of cycle, antipoverty attorneys should challenge the legal community, to eliminate excessive Mr. MONDALE. Mr. President, the the injustices in our legal system and seek . political interference and to improve there­ thereby to improve the administration 0 distinguished senior Senator from Kan­ !by the administration of justice to the justice to the poor. sas (Mr. PEARSON) has published an ar­ poor." In February, 1965, the American Bar ticle in the current edition of the Kansas I. THE PUBLIC BENEFIT OF LEGAL SERVICES sociation's House of Delegates passed a res­ University Law Review which describes The concept of legal services administered olution reaIDrIning "its deep concern with the the brief but tremendously significant to the poor through a community law office problems of providing legal services to all and successful history of the legal serv­ has its roots in the legal aid movement of who need them." The same resolution stated: "Resolved, That the Association, through its ices program. the late 19th century. Reginald Heber SInith officers and appropriate Committees, shall co­ The article supports the creation of followed with his classic JUSTICE AND THE operate with the Office of Economic Opportu­ the Legal Services Corporation embodied POOR, which urged the organized bar of the nity and other appropriate groups in the de­ in legislation which passed the Senate on 1920's to take a more active role in dealing velopment anci implementation of programs September 9, 1971. Senator PEARSON was with the problem of equal representation. for expanding the availability of legal serv­ Significant national growth, however, was ices to indigents and persons of low in­ one of the early supporters of this legis­ painfully slow due to insufficient funds.' lation. come." 1. The resolution, which won the ap­ With the inauguration of a government­ proval of a majC?rity of the local and state His excellent article is a definitive supported program, legal aid to the poor bars, is consistent with the Code of Pro­ statement on the history of a program grew remarkably. Initially, the Federal Gov­ fessional Responsibility, which states in which has done so much to insure ade­ ernment sent poverty lawyers to work with part: quate and fair representation for the an appropriation of $20 Inillion. Since then, "The duty of a lawyer, both to his clients indigent in the courts of America. the Legal Services Program has become the and to the legal system, is to represent his Mr. President, I ask unanimous con­ country's largest law firm, utilizing a $53 client zealously within the bounds of tb sent that the article, entitled "To Protect Inilllon budget to maintain some 2,000 law­ law, which includes Disciplinary Rules ' yers involved with 265 legal services programs enforceable professional regulations. the Rights of the Poor: the Legal Serv­ and 934 neighborhood offices. During 1970, responsibility of a lawyer derives from his ices Corporation Act of 1971," be printed approximately one million clients were served. membership in a profeSSion which has the in the RECORD. . It is encouraging, moreover, that the cost duty of assisting members of the public to There being no objection, the article per case steadily decreased from $97 in 1967 secure and protect available legal rights and was ordered to be printed in the'RECoRD, to $53 in 1970." benefits. In our government of law and not as follows: Of transcending importance, however, have of men, each member of our society is en­ To PROTECT THE RIGHTS OF THE POOR: THE been the benefits derived from the elIorts titled to have his conduct judged and regu­ LEGAL SERVICES CORPORATION ACT OF 1971 of Legal Services attorneys. These benefits are lated in accordance with the law; to seek any clearly measurable by 'the sizeable sums in lawful objective through legally permissible (Senator JAMES B. PEARSON*) increased wages, food stamps, and welfare means; and to presnte for adjudication any MORE. What would you do? Cut a great road payments that successful suits hll.ve brought Lawful claim, issue or defense." U through the law to get after the Devil? to the indigent. But of even greater value, in ~tt. unresolved, then, were conceptual ROPER. I'd cut down every law in England my judgment, have been both the contin­ gUldelmes as well as the political implica­ to do that! uing protection from consumer frauds and tions of the Legal Services Program. While MORE. Oh? And when the last law was down, housing inequities and the landmark legal few people were able to forecast the dramatic and the Devil turned around on you-where decisiOns that have benefited millions of poor social impact poverty law would have, it would you hide, Roper, the laws all being American people.· must· have been manifestly clear to all that fillit? This country's planted thick with laws The social impact of equal representation allowing anti-poverty lawyers to bring suit from coast to coast-Man's law not God's.­ in court is difficult to assess or describe. It against government on any level wou greatly increase the number and impac and if you cut them down--1:tnd you're just appears clear, however, that a great mass of ' the man to do it-d'you really think you our people have perceived-perhaps for the court victories to be gained by the po could stand upright in the winds that would first time-that our system of law does strive There are many fair-minded individuals, at­ blow then? Yes, I'd give the Devil benefit of for fairness and can be an instrument for the torneys and laymen alike, who argue against the law for my own safety's sake. change of our social order.. It is my belief such involvement. Their position is that law­ R. BOLT, A MAN FOR ALL SEASONS. that Legal Services, by engaging in the daily yers should not be paid by government to sue History advises that governments and laws tasks of resolving unhappy family situations, another government agency.13 On the other tend to m1l1tate against those who are least preventing evictions, and alleyiating wage hand, it has been argued that the poor, as able to defend themselves. The rights of the garnishments, has contributed substantially well as the paying Client, must have a proper poor in our society have, for lack of adequate to reducing in intensity the mood of hos­ recourse to assure their rights. And if they equal counsel, too often been unprotected, t!l!ty from which sprang countless civil dis­ are truly una-ble to obtain legal advice be­ Injustices that could have been prevented, turbances, some of which still scar the mem­ cause of financial hardship, government then had they been brought before the bar, have ory of this Nation. should be obligated to provide it.ll Further­ often continued unabated. Thus, our system The Legal Services Program has also been more, there are those who say that the legal of law, tb.ough more equitable and com­ able to make governmental bureaucracies system is a political resource and instrument passionate than that of any other nation, has more responsible. 9ne representative example in the community. If this tenet is accepted, regrettably but truly alIorded protection for relates to a case wherein the Supreme Court as indeed it is among political SCientists, then some but not for others. And in their at- , ruled that welfare recipients are entitled to it follows that this system should bring tempt to "get after the Devil" by defying that an evidentiary hearing before payments can needed change to thos'e in the community law, some of our PJ"Opie have beeu left bare be cut 01I.· As a result of this ruling, the who have not only been deprived of society's and defenseless when the Devil (and the law) time necessary to process welfare appeals has benefits, but suppressed in attempts to ob­ turned on them. been reduced by half. SiInilarly, Legal Serv­ tain them.'" TO.do so means to challenge ex­ isting and accepted standards. Professor For centuries, Anglo-American jurispru­ ices lawyers in California recently won the elimination of tests written in English ad­ Harry P. Stumpf writes in "Law and Poverty: dence granted full representation before the A Political Perspective": bar to anyone who could alIord I.t and often ministered to Spanish-speaking children. The children who failed the tests were be­ "[T]he aims and operations of the Legal ignored those who could not. But a funda­ Services Program are inextricably involved mental and strengthening characteristic of ing placed in classes for the mentally re­ tarded.· in, and are a part of, the political system at representative democracy is its capacity for all levels. . . . The program seeks to pro­ change and evolution. Acknowledging the n. LEGAL SERVICES IN CONTROVERSY vide access to the judicial system for mil­ inequities that existed in administering jus­ Whether legal counsel for the poor should lions of citizens who, for a variety of eco­ tice to the poor, the Congress of the United be allowed to push and shove a pOlitical bu­ nomic, SOCial, and psychological reasons, have States in 1965 amended the Economic Oppor­ reaucarcy has become a serious policy ques­ heretofore been "legally alienated." The goal tunity Act to include prOvisions for a Legal tion. Indeed, this question has thrust the is to provide a-ggressive, sustained, and readily Services Program to be established within entire Legal Services Program into a political available advocacy for the poor in order to the Office of Economic Opport\Ulity.1 In or­ turmoil that threatens its very existence. reassert forgott.en rights, establish new der to expand this program that has given The arguments focus on legal reform and rights and remedies, and, in brief, to redis­ Bubstance to promise, the 92nd Congress now politics and the extent to which Legal Serv­ tribute societal advantages and disadvantages has before it a bill, which I have cosponsored ices should be involved in either field. via the legai system. This is not simply re­ to re-establish the Legal Services Program Initially, two dichotomous concepts con­ lated to politics; it is politiCS." 1. as an independent, nonprofit corporatIon, cerning the Legal Services Program's proper And, Jean Cahn, an early proponerut of na­ responsible .only to itself and to the law it role were advanced. The first concept gen­ tional legal services to the poor, writes: serves.' This legislation seeks, through the erally proposed helping the poor 'to adapt to "Why, it may be asked, should the the equities and inequities of existing law. system be made to bear the freight 0 FOOItnotes at end of article. The second concept advocated that, rather entire political and econoInic structure? October 12, 1971 CONGRESSIONAL RECORD - SENATE S 16185 ment of Economic Affairs contained in GoldsteIn was most effectIve. In the event McKeldin. In this exchange, Mr. McKel­ the President's reorganization prorgam. the planned reorganization occurs, the JoInt din expresses with great eloquence what Economic Committee should call forward On the other hand, the thrust of the Mr. Goldstein's successors and, with the ad­ I think is the essence of the brotherhood ews stories, which was not at all blunted vIce of sk1l1ed statistIcIans, should pUbUcly of man. T testimony last Friday before our com­ verIfy each month that the reported sta­ At this time, as Americans of all faiths ittee, has been that a major factor in tistics and the procedures underlyIng their express their concern over the denial of the BLS reorganization is the determi­ constructIon are comparable or defensibly freedom for S<>viet Jews and as we con­ nation of the Secretary of Labor and better than the historIc series. If the Com­ sider the situation of Israel in the con­ other even higher officials to punish cer­ mIttee does less, the quaUty of analyses and tinuing Mideast crisis, I find Governor dIscussIon of the serious economic prob.1ems tain key career technicians for calling the facing our society w1ll be severely diminished. McKeldin's words to be particularly apt. shots as they objectively saw them, and Sincerely, I heartily commend them to Senators not as dictated by political expendiency. Edgar F. Feige, AssocIate Professor of and ask unanimous consent that the ar­ . Mr. President, I have just received a Economics; Ne1J K. Komesar, AssIstant ti:::le be printed in the RECORD . letted signed by 44 economists from my Professor of Law; Lee Bawden, Associ­ There being no objection, the article home State University of Wisconsin. The ate Professor of EconomIcs; Burton A. was ordered to be printed in the RECORD, letter clearly outlines the background WeIsbrod, Professor of Economics; as follows: It Robert J. Lampman, Professor of Eco­ and the important issues involved. nomIcs; Irene LurIe, AssIstant Profes­ CAN NON-JEWS IDENTIFY WITH ISRAEL? states: sor of Economics; Thad W. MIrer, Re­ A REMARKABLE CORRESPONDENCE If the planned reorganization is put into search AssocIate, Institute for Research In the newly published English anthology, effect, economists, important stab1l!zation on Poverty; Peter H. Llndert, AssocIate ISRAEL THROUGH THE EYES OF ITS LEADERS, agencies such as the Federal Reserve and Professor of Economics; Kang Chao, Professor Moshe Davis, head of the Hebrew the public at large w1ll surely question the Professor of Economics; Dennis Hoov­ University's InstItute of Contemporary' bjectivity of this important statistic (the er, Lecturer, Department of Economics; Jewry, cItes in his chapter on teaching Amer­ employment rate.) Geoffrey Carllner, Project Associate, In­ Ican Jewish history In Israel, the extraordI­ stitute for Research on Poverty; Arthur nary correspondence between Governor Theo­ I certainly intend to carry out the S. Goldberger, Professor of Economics; dore McKeldin of Maryland and a citizen of suggestion of these highly qualified ex­ Donald HarriS, AssocIate Professor of Baltimore. When it e.ppeared In Israel thIs perts that the replacement for the de­ EconomIcs; Gerald G. Somers, Profes­ elicited a widespread response. It Is an en­ moted Harold Goldstein, one of the prin­ sor of Economics; Dorothy J. Hodges, couraging and 1lJuIn1nating document for cipal career Labor Department officials Assist ant Professor of EconomIcs; Americans as well. involved in the "shake-down," appear be­ James Ozzello, Graduate Student, De­ Wrote a certain Baltimorean: fore our committee to verify the con­ partment of Economics; Peter A. "Dear Governor McKeldin: tinuing reliability of unemployment sta­ Lundt, Graduate Student, Department "As long as I can remember, I have been tistics. of Economics; Robert E. Baldwin, Pro­ taught by my family, by the Maryland publ1c fessor of EconomIcs; Kenneth WhIte, school system . . . that we are Americans. Mr. President, I ask unanimous con­ Graduate Student, Department of Eco­ Since this is so, our alJegiance Is always to sent that the letter be printed in the nomics; Leonard W. WeiSS, Professor of our own country-America. We cannot then, RECORD. Economics; Timothy Bates, Graduate it seems, call any Other land 'ours' and be There being no objection, the article Student, Department of EconOmics. loyal to the United States. We do not refer was ordered to be printed in the RECORD, John S. Akin, Research Associate, In­ to another natIon's army as 'our army,' Its stitute for Research and Poverty; soldIers as 'our boys' nor the nation itself as follows: Nathan Rosenberg, Professor of Eco­ THE UNIVERSITY OF WISCONSIN, as ·us.' The omcers of the sovereIgn states nomics; Dagobert L. BrIto, Assistant of the United States are dedicated to the Madison, Wis., October 4, 1971. Professor of EconomIcs; J. David n . WILLIAM PRoXMmE, support of the constitutions of saId states Richardson, Assistant Professor of Eco­ and to that of the Union ... S. Congress, New Senate Office Building, nomics; Ralph Andreano, Professor of I could not understand from your remarks Washington, D.C. Economics; Donald Hester, Professor of DEAR SENATOR PRoXMmE: We are alarmed whether you were an AmerIcan or an Israel­ Economics; Charles E. Metcalf, AssIst­ Ite, a Jew or 'a Gentile, a Hebrew or a ChrIs­ by newspaper accounts describing the ant Professor of Economics; Jeffrey G. planned reorganization of the Bureau of tian. WhIch are you, I would J1ke to know?" W1lltarns, Professor of Economics; Replied the Governor: Labor Statistics. As you are aware, the Theodore F. Groves, Jr., Assistant Pro­ "You ask If I am an 'amerIcan or an Is­ monthly presentation to the press of the fessor, Department of EconomIcs; Al­ basic unemployment statistics and the an­ raelite' (and I shall assume that you meant Ien Kelley, Professor of Economics; Israeli) . swering of questions regarding their signifi­ Roger F. Miller, Professor of Eco­ "You know of course that I am an Amer­ cance has been the responsib!l1ty of compe­ nomics; FrederIck Golladay, AssIstant ican . . . I was the Mayor of an American tent and objective career statisticians of Professor of Economics; DennIs city and am the Governor of an American the Bureau. The transfer of this function Aigner, Professor of Economics; RIch­ state. and the attendant downgrading of the Bu­ ard Day, Professor of Economics; Glen "You ask if I am Jew or Gentile, Hebrew reau's professional statistiCians is likely to G. Gain, Professor of EconoIn1cs; Rob­ or Christian. To the Jew of course I am a impair the publ!c's understanding of unem­ ert H. Haveman, Professor of Eco­ Gentile. In my faith I am a ChrIstian. ployment problems in this country. nomics; Until last March, no one had seriously Eugene Smolensky, Professor of Eco­ "Because I am an American, and because questioned the integrity of unemployment nomics; David B. Johnson, Professor of the freedom which is rightfulJy mine, I statistics. To be sure, it was easy to find of EconoIn1cs; W. Lee Hansen, Profes­ can call any man my brother, and when I fault with the methods used in their con­ sor of Economics; Earl Brubaker, Asso­ feel a kinship for his land because it too struction and particularly with their sea­ ciate Professor of Economics; John M. defends the dIgnity and the liberty of man, sonal adjustment, but not their fairness. Culbertson, Professor of EconomIcs; I can call It mine~r ·ours.' With the cancellation by the AdminIstration Jack Barbash, Professor of Economics; "Because I am a ChrIstIan, I dare to ex­ of the monthly news conference, a first step Everett M. Kassalow, Professor of Eco­ tend the hand of brotherhood in the fuJI in the erosion of public confidence in gov­ nomics. measure, and to identify myself as closely as ernment statements regarding the unemploy­ possible with a great people who are fighting ment rate occurred. If the planned reorgani­ a gallant fight for that which Is right ... zation is put Into effect, economists, impor­ THE ESSENCE OF BROTHERHOOD "I too was reared in a family with a great tant stabll!zation agencies such as the Fed­ OF MAN and abiding love for America and for the eral Reserve, and the publ!c at large w11l opportunities of America, and I am most surely question the objectivity of this im­ Mr. MATHIAS. Mr. President, Theo­ grateful for the fruits of the opportunIties portant statistic. We judge this to be so In dore McKeldin, mayor of Baltimore from whIch I have been permItted to harvest. spite of the Administration's rationale for 1943 to 1947, and again from 1963 to "I hope that my gratitude w1lJ alwaYli be the reorganization of Federal statistical ac­ 1967, and Governor of Maryland from strong enough to keep me from hoarding tivIties as reported In Statistical Reporter, 1951 to 1959, is one of the most remark­ these fruits to decay In a dark and narrow July 1971. CertaInly no argument for orga­ cellar . .. permIt me to see the gOod in other nizatIonal emciency has come to our atten­ able human beings I have had the pleas­ ure of knowing. Recently, in an article lands and in other peoples, to glory In their tion whIch justifies the displacement of a struggles for liberty as I glory In ours, and statistician of the cal!ber of Mr. Harold entitled, "Can Non-Jews Identify With indeed even to speak of theirs as 'ours'­ GoldsteIn. Israel?," the Israeli publication, Turim, because man's fight for freedom Is not a Your prevIous action In March, 1971 when cites an exchange of correspondence be­ thing of Isolation. It Is a universal and un­ 'retary Hodgson attempted to sllence Mr. tween a Baltimore resident and Governor ending battle.... " October 12, 1971 CONGRESSIONAL RECORD - SENATE S 16187 "In part, because it sets the tenns and has yet been made concerning the future of the National Legal Services Corporation Act. conditions for use of that system In part, CRLA, and an OEO-appointed comm1ssion The Corporation would be authorized to because it mirrors the defects of that sys­ comprised of three state supreme court jus­ make grants and contracts, to provide com­ tem. In part, because it blocks the need for tices is presently considering appropriate prehensive legal services and assistance to social awareness and social reassessment by recommendations, a situation with which low-income persons, and to carry out pro­ converting each need into a highly individ­ CRLA has become all too familiar during the grams for research, training, technical assist­ ual, personal, circumstantial case . . . and course of Its stormy existence." ance, and law school clinical assistance. It copes with it accordingly. In effect, the legal =. THE NEED FOR LEGISLATION: INDEPENDENCE woUJ.d also provide a means for disadvantaged system exercises a monopoly on what con­ IS ESSENTIAL individuals to obtain a legal education. The stitutes a grievance ..• and even when the Clearly, the Legal Services Program and Corporation would be administered by a 19- demands are legitlmate, (it) tends to impose the events that make up politics-both its member board of directors, to be chosen as a clean hands doctrine which in effect de­ good and bad aspects are Inexorably inter­ follows: five appOinted by the President with nies to all but the "deserving poor" the right twined. What should be of serious concern to the advice and consent of the Senate; one by to complaint, to need, to feel, or to demand. the legal community is the damage done by the Chief Justice of the Supreme Court act­ "So long as this monopoly continues, ... such political turmoil of the basic tenets of ing on the recommendation of the Judicial the bulk of grievances and needs wlll never our profession. Conference of the United States; six by vir­ receive a full or fair hearing--or rational and One of these tenets is independence from tue of their office (the President and Presi­ full exposi tion." nonjudicial, administrative control. The legal dent-Elect of the American Bar Association, But in asserting the rights of the poor, community has only one ultimate authority, the President of the American Trial Law­ the Legal Services Program has experienced and that IS the law and the ethical code yers AsSOCiation, the President of the Na­ political difficulties. Initially and perhaps pertinent to its proper administration. tional Bar AsSOCiation, the President of the mistakenly, the Office of Economic Oppor­ Another tenet is the sanctity of the lawyer­ National Legal Aid and Defenders Associa­ tunity decreed that neighborhood law firms client relationship. The ABA COde of Pro­ tion, and the President of the American Asso­ receiving federal grants would have to re­ fessional ResponsiblUty specifically includes ciation of Law Schools); three chosen by a port to the local Community Action Agency these two pertinent provisions: clients advisory council; and three chosen by a project attorneys advisory council­ (CAA) rather than directly to Washington.'• "A lawyer shall not permit a person who Additionally, governors won the right to veto recommends employees, or pays him to render each council being established by the act. funds allocated by the Congress for Legal legal services for another to direct his pro­ An Executive Director of the Corporation, Services. Public officials have not been un- ' selected by the board of directors, would also fessional judgment in rendering such legal serve as a voting member of the board. The aware of these provisions. For example, the services."" Corporation would be funded by annual ap­ Governor of Missouri, Warren E. Hearnes, "Since a lawyer must always be free to propriations from the Congress, the authori­ vetoed an OEO grant to the St. Louis Com­ exercise his professional judgment without zation for fiscal 1973 being $170 mUlion.'" munity Action Program in December, 1969, regard to the interest or motives of a third The passage of this type of legislation is on the grounds that legal services lawyers person, the lawyer who is employed by one to not unprecedented. In 1967, Congress ap­ were representing "m1litant" groups.lI OEO represent another must constantly guard proved the Public Broadcasting Act, which Director Donald Rumsfeld overrode this veto against erosion of his professional freedom ..... created the Corporation for Public Broad­ as well as another affecting the Kansas City, Yet as we have seen, public officials at all casting-an independent, nonprofit corpor­ Missouri program."" Elsewhere the Ohicago levels of government, through excessive inter­ ation receiving governmental funds to assist Committee on Urban Opportunity, an OEO­ ference In proper relationships with clients in developing a noncommercial educational funded CAA with the support of Mayor and through efforts to exert a crippling de­ broadcasting system." The reasons for cre­ Richard J. Daley, threatened to withdraw gree of lay control, have diverted anti-poverty ating such a corporation for Legal Services funding from the Chicago Legal Aid SOCiety lawyers from adherence to the Code. More­ parallel those for creating the one for public in 1970 unless the Society discontinued rep­ over, as an indication of further, thcugh un­ broadcasting. Congress felt that the promo­ resentation of citizens groups agalnst 'mu­ successful Interference, legislation has been tion of educational programming was a gov­ nicipal agencies.'" OEO subsequently deter­ offered in Congress to deny Legal Services ernmental function, an obligation it owed mined to fund the program directly. Addi­ Lawyers the power to sue government agen­ the people. And in order to prevent political tionally, between 1969 and the present, es­ cies" and to grant state governors an abso­ interference, the corporation was placed sential United Fund support of legal serv­ lute veto over federal funds.31 In 1970, it was beyond the infiuence of any political inter­ ices programs has been withdrawn in St. proposed, also unsuccessfully, that the Legal est. As Fred Friendly, former Vice-President Louis, Missouri; Albuquerque, New Mexico; Services Program be regionallZed--a change of the Columbia Broadcasting System, testi­ and Oklahoma City, Oklahoma, on the basiS that would have subjected its lawyers to an fied before the Senate Commerce Com­ of sults or threatened suits against local even greater degree of local political pressure. mittee: government agencies, particularly law en­ The National Governor's Conference, In "Public Television will rock the boat. forcement agencies that contribute heavily testlmony before the Senate Subcommittee There will be--There should be--times when to the United Fund. on Employment, Manpower and Poverty, every man in politics-inclUding you-wlll Since 1967, when California Rural Legal recommended that state governors be duly wish that it had never been created. But ASSistance (CRLA) was founded, its record authorized to approve or ' disapprove indi­ Public Television should not have to stand has been remarkable. Though the state's vidual Legal Services Programs.II The ABA the test of political popularity at any given major farmers, welfare bureaucracy, and Board of Governors, however, In a statement point in time. Its most precious right wlll prominent public offiCials have joined ranks made on October 18, 1969, asserted that the be the right to rock the boat." .. to oppose CRLA, the lists Of its supplicants Legal Services Program should "operate with It should be emphasIZed that the inde­ and court victories have grown apace. In full assurance of independence of lawyers ... pendence of Legal Services is valuable and Hernandez v. Hardin," California was in cases which might involve action against essential only because it will improve the obliged to Increase its food stamp program. governmental agencies seeking Significant in­ delivery of legal services to poor people. In Alaniz v. Wertz and Ortiz v. Wertz;' Cali­ stitutional change." Stated otherwise, the Legal Services Program fornia truck farmers were forced to stop im­ The ABA statement further declared that should be independent In order to more porting braceros who' would harvest crops a governor's veto power could be used to "cir­ cl06ely adhere to the purposes for which for less wages than native Californians. cumscribe the freedom of legal service at­ Congress created it. The involvement of Rivera v. Division Of Industrial Welfare" as­ torneys in representing their clients." sa This legal services lawyers in a case of nonindi­ serted that CRLA's claim to enforce the min­ view was supported by more than 50 state gent high school students fighting school imum wage of $1.65 per hour to agricultural and local bar asosciations, Including the Na­ haircut regulations," for example, is in my workers was proper. Romero v. HOdgson" is tional Legal Aid and Defender AsSOCiation, jUdgment, an abuse of Independence, a waste currently under appeal to the Supreme COurt the Judicial Conference of the United States, of resources, and an abrogation of Legal to decide whether the exclusion of farm­ and the National Commission on the Causes Services lawyers' responsibilities to their truly workers from unemployment benefits is con­ and Prevention of Violence. The present ad­ deserving Clients, the poor. My support for stitutional. The fact that the courts have ministration, moreover, has lent Its support the National Legal Services Corporation Act ruled in favor of CRLA In 80 percent of the to the proponents of legal reform. In a state­ is accordingly based on the conviction that cases brought would suggest that the poor ment issued on August 11, 1969, promising the needs of our poor are so great that those of California have substantially benefited the continuation of the Legal Services Pro­ few human and material resources intended from CRLA services. In late 1970, however, gram, President Nixon said that the sluggish­ to serV3 them ~ must not be diverted to other the Governor of California vetoed a $1.8 mil­ ness of many institutions at all levels of purposes. It is my belief that a Legal Services lion federal grant to CRLA on the grounds society in responding to the needs of the Corporation cannot help but improve the lot that CRLA lawyers failed to represent "the individual citizen is one of the central prob­ of those whose impoverished condition ren­ true legal needs of the poor." .. The ensuing lems of our time. ders them unable even to obtain proper legal struggle has been intense. CRLA is currently The time to establish an independent, non­ counse, for their legitimate complaints. It operating under a temporary grant approved profit corporation to administer legal serv­ is further my belief that this nation owes by Frank Carlucci, the recently appointed ices is at hand. Anti-poverty lawyers and the justice under the law to all i!;s people. If we Director of OEO. But no permanent decision law itself must no longer bear the crushing fail to provide it, we wlll have failed to burden of outside intervention. It is essen­ recognize a fundamental right of free so­ Footnotes at end of article. tial, in my judgment, that Congress approve ciety. We will have failed to guarantee the .s 16188 CONGRESSIONAL RECORD -SENATE October 12, 1971 best and most democratic means for those 'Goldberg v. Kelly,-II97 U.s. 254 (1970). chant. Though the legal obstacles are consid­ deprived to "Cut II. great road through the 'Diana v. state Bd.. of Educ., Civil Aotion erable, resourceful and imaginative use of law to get after the Devil." No. 0-7037 (ND.O&l. 1970). 6vallable l~ processes could contribute sIg­ FOOTNOTES '" ABA Resolution, 90 ABA Reports, 110, 111 nificantly to the allevia.tion of tensions re­ (1965). -James B. Pear90n, United States Senator sulting from these and other confilcts. More­ 11 ABA CODE OJ' PROFESSIONAL REspoNsmlL­ from Kansas, is a gradua.te of the University over through the adversary process which is rry, Ethical Code 7-1 (1969). of Virginia Law School, and has been a mem­ at the heart of our judicial system, litigants .. In April of 1968 the former Director, ber of the Senate since 1962. He serves on the are afforded mean1ng1ul opportunities to in­ Legal Services OfHce, stated that in a 2-year fiuence events which atIect them and their Commerce, Foreign Relations, and Joint Eco­ period, Legal Services lawyers had: nOmic Commlttees of the Senate. Senator community. Pearson gratefully acknowledges the assist­ 1. Provided direct legal services a.nd rep­ "However, effective utilization of the courts resentation to approximately 60,000 poor ance of Michael J. Needham, Georgetown requires legal assistance, a resource seldom families. avaUable to the poor. Litigation is not the University Law Center, for providing sup­ 2. Benefited more than a million a.nd porting documentation for this article. a only need which ghetto residents have fOl' half poor people through favorable and far­ legal services. Participation in the grievance 1 Economic Opportunity Act of 1964, 42 reaching court decisions. U.S.C. §§ 2701-2981 (1964). as amended, procedure suggested above (NeIghborhood Ac­ 3. Educated over 2 mill10n poor people a.s §§ 2701-2981 (Supp. II, 1965-66). For II. state­ tion Ta.sk Forces) may well require legal as­ to their legal rights a.nd responsibilities. ment of the amendments of 1965, see Pub. L. sistance. More importantly ghetto residents _ 4. Aided over 1,000 block clubs, tenant have need of effective advocacy of their in­ No. 89-794, 80 Stat. 1451-77 (1965). groups, and other poverty organizations to • S. 1305, 92d Cong., 1st Sess. (1971). terests and concerns in a variety of other set up buying clubs, cooperative laundro­ contexts, from representation before welfare • Legal Services is a program for the poverty mats, credit unions, and other silt-help stricken. The criteria used to determine agencIes and other institutions of govern­ eligible clients for Legal Service programs in­ Institutions to win their rightful share of ment to advocacy before planning boards and clude, number of dependents, assets and li­ public services and to obtain their rights. commissions concerned with the formation of ab1l1ties, cost of living in the community, and CoMPTROLLER GENERAL OF THE UNrrED development plans. Again, professional repre­ an estimate of the cost of legal services STATES, REPORTS TO THE CONGRESS: EFFEc­ sentation can provide substantial benefits in needed. Legal Service's attorneys do not han­ TIVENESS AND ADMINISTRATION OF THE LEGAL terms of overcoming the ghetto resident's dle fee-generating cases, but refer such cases SERVICES PROGRAM UNDER TITLE II OF THE alienation from the Institution of govern­ ECONOMIC OPPORTUNITY ACT OF 1964, at 10 ment implicating him in Its processes. Al­ to private attorneys through the local bar (Aug. 7, 1969). association referral system. If the fee is not though lawyers function In precisely this sufHcient to obtain private representation, :L'l E.g., J. Landauer, Legal Aid Skirmish in fashion for middle-cla.ss clients, they are too the client may be eligible for the assistance Poverty War, Wall Street Journal, Novem­ often not avaUable to the impoverished of an OEO funded program. ber 8, 1967. ghetto resident. The scope of the work of Legal Services ,. What the Government does prOvide, as "The Legal Services Program administered programs includes all areas of civil law, and stated as the principal missions of every good by the OfHce of Economic Opportunity has the services provided include advice, repre­ Legal Services Program: made a good beginning in providing legal a.s­ sentation, litigation, and appeal. These pro­ 1. To provide quality legal service to the sistance to the poor. Its present level of ef­ grams do not duplicate existing legal services greatest possible number consistent With the fort should be substantially expanded for indigent clients. size, staff, and other goals of the program. through increased private and public fund­ Legal reform through the advocacy of 2. To educate target area residents about Ing. In addition, the partiCipation of law changes in statutes, regulations, and admln­ their legal rIghts and responsibUlties In sub­ schools should be increa.sed through develop­ istratlon practices are to be a part of the stantive areas of concern to them. ment of programs whereby advanced students program as it is part of the lawyer's tradi­ 3. To ascertain what rules of law affectIng can provide legal assistance a.s a regular part tional role. the poor should be changed to benefit the of their professional training. In all of the Civil Legal Services Programs may also in­ poor and to achieve such changes either efforts the local bar bears major responsibU­ clude advice and representation in those through the test case and appeal, statutory ity for leaders and support.'· areas of criminal law in which indigent de­ reform, or changes in the admInistrative proc­ .. Economic Opportunity Act, 42 U.S.C. fendants are not provided with the asslstance ess. U 2790,2809 (1969). of counsel. Legal Services programs may pro­ 4. To serve as advocate for the poor in the ~ New York Times, Dec. 28, 1969, at 56, vide counsel in juvenile cases, counsel prior decision-making process. This can be done by col. 1. , to arraignment, counsel in misdemeanor representing a neighborhood associatIon at 20 Governor Hearnes vetoed the St. Louis ca.ses, and counsel in felony cases at any stage a zoning hearing, for example, or before a Community Action Program December 18, prior to indictment or information. Counsel city council at which a street improvement 1969, and Director Rumsfeld overrode his may also be provided in post-conviction pro­ is being considered. It could mean the orga­ veto January 10, 1970. Governor Hearnes ve­ ceedings. nization and representation of a group of toed the Kansa.s City Program on March 4, OFFICE OF ECONOMIC OPPORTUNITY, COM­ tenants to secure a standard lease that is 1970, and Director Rumsfeld overrode his veto MUNITY ACTION PRoGRAM: GUIDELINES FOR fair to both landlord and tenant. In brief, on March 16, 1970. LEGAL SERVICES PROGRAMS (1966). it is to provide for the poor the same type 21 National Journal 716 (April 4, 1970). • Pye, The Role oj Legal Services in the of concerned advocacy that others have long .. Civil Action No. 50333 (N.D. Cal. 1969). Antipoverty Program, 31 LAw AND CONTEMP. enjoyed. 23 Ala.niz v. Wertz, CivU Action No. 47807 PROB. 212 (1966). 5. To assist poor people in the formation (N.D. Cal. 1967); Ortiz v. wertz, Civil Action • Interview With Francis J. Duggan, Di­ of self-help groups, such as cooperative pur­ No. 47803 (N D. Cal. 1967). rector of Program OperatiOns, OfHce of Legal cha.sing organizations, merchandising ven­ .. 265 Cal. app. 2d 576, 71 Cal. Rptr. 739 Services, OfHce of Economic Opportunty, in tures, and other business ventures. (1968) . Washington, D.C., April 21, 1971. 6. To involve the poor in the decision-mak­ .. 319 1". Supp. 1201 (1970). • A case in point is Shapiro v. Thompson, ing process of the Legal Services Program .. December 26, 1970. 394 U.S. 618 (1969), in which the Supreme projects and, to the extent feasible, to in­ .., Robert B. WUliamson, retired Chief Jus­ Court struck down residency requirements clude target area residents on the staff of tice of the Maine Supreme Court, Chairman; for receiving public assistance. This decision the project. Justice Robert B. Lee of the Colorado Supreme alone had the potential of benefiting the OFFICE OF ECONOMIC OPPORTUNITY, LEGAL Court; and George R. Currie, retired Chief poor by some $100 to $150 m1llion. SERVICES PROGRAM EVALUATION MANUAL 1-2 Justice of the Supreme Court of Wisconsin. • This past year some 20 cases brought by (1967) . Justice Currie replaced Justice Thoma.s H. Legal Services attorneys have reached the .. Klonoski & Mendelsohn, The Allocation oj Tongue of the Oregon Supreme Court, who Supreme Court, an indication of the thor­ Justice: A Political Approach, 14 J. PUB. L. resigned from the Commission on California ough and d1l1gent representation the poor 323-35 (1965). Rural Legal Assistance due to the heavy case­ can expect from government funded attor­ ,. Stumpf, Law and Poverty: A Political load of his court. Perspective, 1968 WIS. REv. 703 (1968). .. ABA Code oj ProfeSsional Responsibility, neys. Of the cases decided this term a few Disciplinary Rule 5-107(B) (1969). are of particular interest. In Tate v. Short, 17 Oa.hn & Cahn, What Price Justice: The II ld., Eethical Code 5-23 (1969). 91 S. Ct. 668 (1971), decided on March 2, Civilian Perspective Revised, 41 NOTRE DAME the Supreme Court ruled that alternative LAw, 927, 941 n.25 (1966). .. S. 2388, 90th Cong., 1st Sess. (1967). The penalties of jaU or 6 fine were unconstitu­ The necessity of establishing this Wide­ amendment, offered by Sen. Murphy of Cal­ tional as applied to indigents. In Boddie v. spread consciousness of legal rights Within ifornia, was defeated by a vote of 52-36. 113 Connecticut, 91 S. ot. 780 (1971). also de­ the ghetto was highlighted by the Report oj CONGo REC. S27873 (Oct. 4, 1967). cided on March 2, the Court held that indi­ the National Advisory Commission on Civil 31 115 CONGo REc. 829894 (Oct. 4, 1969). gents had the right to. proceed in Jorma Disorders 292-93 (Bantam Books ed. 1968), 1>115 CONGo REC. S36853 (Dec. 3, 1969). pauperis in divorce cases. In Ph1Ulps v. Mar­ which states: .. Resolution of the ABA Board of Govern­ tin Marietta, 400 U.S. 861 (1971), the Court "Among the most intense grievances un­ ors on S3016, Proceedings oj the American held that it was cTiscrtmlnatory to deny em­ derlying the riots of the summer of 1967 Bar Association Board oj Governors, Oct. 16 ployment to women, when having chUdren were those which derived from oonflicts be­ & 17, 1969. Though the ABA ha.s stood firm W6S the maln re!lSOn for denying employ­ tween ghetto residents and private parties, behind the Legal Services Program, It has not ment. prinClpally the whIte landlord and the mer- been certain of the future 01 the program. S 14018 CONGRESSIONAL RECORD - SENATE September 9, 1971 The PRESIDING OFFICER. The Sen- No funds made available by the Corporation Mr. JAVITS. Mr. President, no one ator's additional time has expired. , pursuant to this title shall be used to pro­ should fail to take Senator COOK'S Mr. MONDALE. I yield myself 2 more vide legal services with respect to any crim­ amendment and Senator COOK'S argu­ minutes. The Farmers' Land Bank is Inal proceeding (Including any extraordinary writ, such as habeas corpus or coram nobiS, ment seriously. I do. made up of a board of directors from in­ designed to challenge II criminal proceeding) I wish him and the Senate to know dividual banks selected by the members. except, pursuant to guidelines established that I submitted for the administration The Comsat Corp. is made up of by the Corporation, to provide services not many of its proposals on this matter be­ members of a board appOinted by the otherwise adequately available. fore the committee. It was very seriously communication common carriers and by This does not say "extraordinary cir­ contested and very seriously opposed. stockholders. And the enormous FNMA The measure before the Senate is a com­ Corporation is governed by a board, 10 of cumstances." It merely says that a cor­ poration which is free of the scrutiny of promise worked out by the committee whom-a majority-are selected by members starting from two different stockholders. Congress, which is free of the scrutiny of the Executive, can establish guidelines, poles, our pole-that is, the minority's The key question, of course, is whether pole-being the administration's bill. He we are going to have an independent and can provide that some of the $61 million----{;an be used in defense of crim­ and the Senate-Whatever decision we board of directors, so that, to the fullest decide to make in this matter-are en­ extent possible, these legal services at­ inal actions against individuals. My substitute says that none of it shall titled to know why we compromised, and torneys are going to be free to serve only I should like to inform the Senate on the interests of their clients-as do other be used for that purpose. As a matter of fact, I am delighted that the Senator read that score. attorneys-or whether it will be a board First, as to the nine members, it is which has been established for the pur­ from the report in regard to my remarks, because the committee itself said: understood that not only does the Presi­ pose of imposing certain political and dent have the appointment of the four, For example, these attorneys might be other restrictions upon the activities of called upon by judicial officials to relieve bur­ but also, the Chief Justice of the United these attorneys. dens caused by mass arrest Situations. States has the fifth. I do not think any I feel very strongly that there should of us would oppose that. He, for exam­ be an independent board. The National The PRESIDING OFFICER. All of the ple, is the Chairman of the Smithsonian Advisory Committee to Legal Services, Senator's time has expired. Institution, as a matter of law. which reported this legislation to the Mr. COOK. I ask for time on the bill. As to the members to be appointed President of the United States, felt the Mr. JAVITS. I yield the Senator from from panels submitted by the Clients' same way; it called for legislation almost Kentucky 3 minutes on the bill. Advisory Council and the Project At­ identical to the committee bill. To say Mr. COOK. Which gets down tv the torneys' Advisory Council, it is under­ we have got two systems of justice in very situation I have brought up, that stood that the President can reject as America, one for the rich-where they the funds could be used for the entire many of those lists as he wishes, and they can go out and hire their own lawyer, situation that occurred here, or other sit­ are lists of 10. who is not only free but who, under the uations of mass arrests. This is not what Therefore, for all practical purposes canons of ethics, must pursue all reme­ legal services were designed for, or con­ you have to suit the President before dies on behalf of his client=-and then templated for. you can get those members appointed. another system for the poor-which is The Senator said that they should be I think it is not an unfair compromise, dominated by a board selected by the responsible to the Presdent. I mght sug­ that that point of view of the client, him­ President of the United States, and as gest that the President is responsible to self, in this kind of situation, and the such will be answerable to him and thus the people; $61 million of the people's project attorney, should be represented will be under political restraints and funds is going to be expended here, and with great latitude on the part of the the other restrictions on the attorney the Senator wishes an independent board, President to reject the nominations. The found in the administration's bill-is to which is not responsible to the people, President can reject-I state that as a say to the poor, "We want you to believe which is not responsible to Congress, matter of legislative interpretation, as in law and order, we want you to believe which is not responsible to the President, this is the compromise I worked out my­ .. a system of justice, we want you to to have the absolute freedom to expend self along with Senators TAFT and t, ke your grievances to court, we want $61 million on legal services. SCHwEIKER-as many of those panels as u to get out of the streets, we want you I get back to the same point: Out of a he chooses. ~to abandon violence, and we will decide 15-member board, the President of the As to the officials of the various orga­ under what terms and under what cir­ United States really appoints only four; nizations, again, it was quite a struggle to cumstances you will be permitted to make because, although it says he shall appoint include those. I wanted the designees of your case." nine, three of them shall come from the the particular officials included, and that The PRESIDING OFFICER. The Sen­ client advisory committee, which he must was finally incorporated into the lan­ ator's time has expired. take out of 10; two of them come from guage. But I should like to point out to my the attorneys' advisory committee, and colleagues that we have a very strict pro­ Mr. MONDALE. Under our system of he must take them; and the rest of them law, I believe there should be the same vision in respect of conflicts of interest, are automatically appointed by virtue of and that occurs in subsection (f) on page system of justice for the poor as for the their positions in private life. rich, and that primarily means the avail­ 95, which provides: I suggest to my constitutionalist friend, No member of the board may partiCipate ability of an independent attorney, quali­ the senior Senator from North Carolina, fied and capable, and authorized to pur­ In any deciSion, action, or recommendat ion that I would like to know of a time when with respect to any matter which directly sue all remedies available to him under a 15-member board was approved by benefits tha.t member or any firm or orga ­ the law. . Congress when nine of them had to re­ nization with which that member Is then That is why I strongly oppose the ceive the advice and consent of the Sen­ currently associated. amendment offered by the Senator from ate and six of them received no consent In the event there is a direct conflict Kentucky. of any kind Whatever, other than the fact of interest, they will disqualify them­ Mr. COOK. Mr. President, I have that they fell within the classification selves. listened to the Senator's statement with or happened to hold an office in a private One further point in that regard: great interest, because I believe in these organization in the United States. These Should any of these officials be opposed services. I am not here to argue about private organizations will be some of the to legal services-they are men of dis­ essential justice, and I think the Senator largest grantees of the funds that will be tinction and honor in respect of these knows I am not. made available under this program. organizations-and be unwilling to serve I am delighted that what the Senator The PRESIDING OFFICER, Who or even to appoint a designee, the board read from page 39 shows that what I yields time? simply would have to function with as said was correct, that this does mean Mr. NELSON. Mr. President, how much many members as it has; and it has an legal services can be utilized for criminal time do I have? adequate number of members to repre­ prosecutions and to defend in criminal The PRESIDING OFFICER. The Sen­ sent a quorum in order to enable it to actions, and although the Senator spoke ator has 5 minutes remaining. do business. It is not unusual that par­ of "extraordinary circumstances," the Mr. NELSON. I yield to the Senator ticular places may have remained un­ language of his bill says that- from New York whatever time he desires. filled. Septernber 9, 1971 CONGRESSIONAL RECORD - SENATE S 14017 provided or incidental to the powers con­ I would suggest to Members of the is being handled by a program funded by the ferred, the Legislature cannot exercise either Senate that in the substitute I have of­ Corporation, and legal services lawyers may bring cases to reform aspects of the crim­ executive or judicial power ... fered, under section (1), on page 10, the Legislative power, as distinguished from inal justice system which could not be han­ executive power, is the authority to make language is as follows: died by a public defender office. laws, but not to enforce them or appoint the No funds made available by the corpora­ These examples are not intended to be all agents charged with the duty of such en­ tion pursuant to this Act, either by grant or inclusive. The Committee strongly believes forcement. The laUer are executive func­ contract, may be used- that the Corporation's Board of Directors tions." Springer v. Government of the Philip­ (1) To provide legal services with respect must have the discretion to determine those pine Islands, 277 U.S. 189, 201, 202 (1927). to any criminal proceeding (including any circumstances In which criminal representa­ extraordinary writ, such as habeas corpus tion-including the filing of extraordinary This case is directly related to section and coram nobis, designed to challenge a writs designed to challenge a criminal pro­ 904 of the legal services title, and casts criminal proceeding. ceeding-would be permissible. grave doubt upon the constitutionality of As the National Advisory Committee to I might say to my colleagues that S. Legal Services stated in its March 21, 1971 that section. The Legal Services Cor­ 2007 involves the setting up of a corpora­ poration, although stated to be in­ report to the President: tion which is not responsible to the tax­ "A restriction on criminal representation dependent of the executive branch, will payers, which is not responsible to the (should) not be included as an inflexible be carrying out Executive functions. As Congress, and which is not responsible to charter provision. Difficulties in distinguish­ a matter of fact, it will be charged with the executive branch. We have a board Ing between criminal and civil cases in some carrying out a law, passed by Congress, that is going to handle $61 million of the instances, variances In state legislative pro­ which provides for a nationwide 'Program taxpayers' money and be responsible to visions and unavailablllty of competent de­ funded by general tax revenues. It will absolutely nobody. They establish the fense services In some areas recommend be performing the same functions as that the formulation of guidelines in the guidelines. They are to meet with 11- criminal representation area be left to the those currently performed by the Office member committees twice a year and discretion of the Board of Directors." of Economic Opportunity, which is part conceivably deal with a five-man execu­ of the executive branch. As previously tive committee. Permit me to make it as clear as I can quoted, the power to appoint the agents I am not sure how this body was cre­ that in no sense was it the intention of charged with enforcing the laws is an ated or how it was written, but I cannot the committee to establish a new system Executive power. By providing that 'Pri­ conceive of the Congress approving a of public criminal defenders; but it was vate groups and the Chief Justice may 15-man board, of which only nine shall recognized that in certain circumstances appoint Directors of the Legal Services receive the advice and consent of the it may be necessary to permit a project Corporation, the section grants away a Senate, and six of whom shall be auto­ attorney to participate in criminal mat­ power which constitutiQnally belongs to matically appointed because of their po­ ters. This is essentially the system we the President. sition, regardless of how they feel on the have today, and today there is a very, It may be argued that Congress has matter. very small percentage--Iess than 1 per­ previously established independent en­ I submit to my colleagues that this does cent-I believe far less than 1 percent­ tities and either appointed the individ­ not even make sense. I submit to my col­ of the activities of the legal services at­ uals responsible for administering them leagues that I do not know of any such torneys involved in criminal cases. we or delegated that power outside the ex­ corporation in the entire United states. would anticipate that that would con­ ecutive branch without challenge. How­ Obviously, I do not know of any private tinue to be the case, and we only wish ever, I believe that closer examination one, and I could not conceive of any pub­ to have criminal representation under will reveal that none of these provides a lic one. board discretion for extraordinary cir­ precedent for the action contemplated in I reserve the balance of my time. cumstances. this bill. Either these other entities were The PRESIDING OFFICER. Who There is one other point I wish to legislative or judicial in function, or they yields time? make. We had hearings-- were not funded by general tax revenues, Mr. MONDALE. Mr. President, on be­ The PRESIDING OFFICER. The Sen­ or they had other characteristics which half of the floor manager, I yield myself ator's time has expired. would not bring them within the general 3 minutes. Mr. MONDALE. I yield myself 2 more constitutional doctrines enumerated in I will respond first to the point about minutes. the Springer decision. criminal proceedings, because the pend­ We had hearings before the committee Let me bring one other case to the ing amendment would prohibit under at which the president of the National attention of Senators which deals with any circumstances the right of project Legal Aid and Defender Association and this matter, because in section 906(h), attorneys to defend in any criminal mat­ several other bar organizations testi­ as presently in the bill, if Senators will ter. fied. turn to page 103, it provides: Most of those witnesses-as well as the Referring the Senate to page 38 of the National Advisory Committee to Legal No funeLs made available by the Corpora­ committee report, the committee states: tion pursuant to this title shall be used to Servtces-concluded that there would be provide legal services with respect to any Section 906(h) permits representation in occasions on which an attorney would criminal proceeding (including any extraor­ criminal proceedings--Includlng any extraor­ dinary writ, such as habeas corpus or find it essential, under the canons of dinary writ, such as habeas corpus or ethics, to be in a position to defend in a coram nobis, designed to challenge a crim­ coram nobis, designed to challenge a crim­ inal proceeding-only- criminal proceeding. inal proceeding) except, pursuant to guide­ l;t seems to men that in light of all of lines established by the Corporation, to pro­ I underline that--only- vide services not otherwise adequately these considerations, the work of the available. Where pursuant to guldeline established coffimittee dealing with these difficult by the corporation it Is determined that questions of handling criminal offenses We have discussed this matter in this such services are not adequately available. was the proper way to proceed. body on many, many occasions, with re­ The Corporation's primary purpose Is to There waS also a question about the spect to legal services under the Legal represent eligible clients In civil matters. However, the Committee realizes that in constitutionality of this proposal. I do Services Act for criminal matters. I refer some areas of the country, there is Inade­ not believe there is any doubt that it is the Members of the Senate, for instance, quate representation in criminal proceed­ constitutional. We have many, many to the May Day activities in Washington. ings. such boards. Howard University is gov­ This means that the guidelines of the The Committee also reaJlzes that even In erned by a board made up of alumni, Corporation-which are not subject to areas where representation in criminal mat­ students, and faculty. Gallaudet College review by the Senate, which are not sub­ ters is generally adequate, situations may is governed by 18 private citizens ap­ ject to review by the OEO, which are not occur in which It would be necessary and pointed by a congressional board. The subject to review by the executive proper for programs funded by the Corpora­ Railroad Retirement Board, which ad­ branch-can be determined and the tion to provide criminal representation. For ministers a massive program, is ap­ money of the taxpayers can be used on example, these attorneys might be called upon by judicial officials to relie,·e burdens pointed in part from persons recom­ legal services for any criminal activity caused by mass arrest situations (as they mended by employees and carriers. The in 'the United States if it is within the have been under the present Legal Services Appalachian Regional Commission is guidelines established by the Corpora­ Program); a criminal case may arise out of . made up of representatives other than tion. and be connected to a civil matter which those appointed by the President. S 14912 CONGRESSIONAL RECORD - SENATE September 23, 1971 Jefferson, as politician and philosopher, was and seasonal farmworkers--cannot be de­ chased 29 % of all feed, 39 % of all livestock our most eloquent champion of the rural life. scribed, much less solved, unless we examine and pOJUltry; 24 % of all machinery; 41 % of all He envisioned an America peopled by pros­ them In the light of the larger difficulty in hired labor; and, 12% of all farmers account perous and independent citizens, tilling the agricultural America: rural poverty; for % of all farm sales--and Less than 'one soil, wielding firm control over their own This fact--and the melancholy facts about percent make nearly 25 % of profits in agri­ destinies and enjoying the fruits of their rural poverty which have changed so little culture. own labor. since the President's Commission reported in Government farm programs pay the larg-est What has become of Jefferson's agrarian 1967-make it not only appropriate but ur­ benefits to the largest farms. IIf 1969, the $3.8 .... vision after nearly two centures of history? gent that the Subcommittee on Migratory billion paid to bolster farm income went to ., The dream-a dream of free men prosper­ Labor ask some hard questions: . tbe one-third of farmers who had the largeslt _ ing in a rich land-persists. But too often, To what extent does rural poverty exist in gross sales. and in too many places, farmworkers and 1971-and why does it persist? Thes~ facts make it clear that new forces farmers, land holders and migrants, small What has the mechanization of farming are at work on the rural scene. The Subcom~ farmers and seasonal laborers, do not con­ done to-or for-the social and economic. Inittee Will endeavor to learn more about the trol their own destiny; they are victims, to­ fabric of rural America? impact of these new forces-corporations and gether, of forces beyond their control. Have small farmers and farm workers, in conglomerates; banks and insurance com-­ For too many Americans, in . too many the wake of rapid changes in American agri­ paruies; family corporations; franchise busi-­ places, the fruit of their labor is less than culture, been effectively shut off from the nesses; processors, the chain stores; indus­ enough to sustain a decent life. They are vic­ benefits and safeguards which other workers tries providing feed, seed, machinerry, and tims of rural poverty-a condition which, un­ in other industries enjoy today? chemicals; packagers and marketers, and likely as it might have seemed to the opti­ Has the advent of "agribusiness"-the rise "tax-loss" farmers. mistic statesman of early America, is now of corporations and conglomerates as agri­ CorporatiOns and conglomer!lltes engaged in epidemic in our country. cultural powers-helped to alleviate rural the farming and processing of labor-intensive L INTRODUCTION poverty or to aggravate it? fruits an~ vegetables are directly involved in Rural poverty is pervasive. It is chronic Is "agrigovernment," characterized by mas­ the day-to-day lives of farmworkers. 'I'heir in some areas, acute in others--but it knows sive support programs for agribusiness, meet­ deciSlions clewrly affect the interests of small no geographic boundaries. It follows no racial ing its responslbll1ty to al~ the people and farmers and the "people left bemnd"­ all lines. It is not even a condition of farms ' the institutions in rural America? mfgrants, seasonal workers, tenant farmers, alone, for it affects rural villages, small towns, What are the common interests of small sharecroppers, and hired hands. and ultimately the cities, which bear the im­ farmers and farmworkers in the face of polit­ Have these new forces acted with con­ cem-or callous disregard-for the welfare pact of rural outmigration. ical and economic forces which control their Its effects are harrowing: Widespread hun­ lives, which sometimes make them victims of small fanners and fannworkers? of poverty, but which 11e beyond their Has "agribusiness" oontributed to the ger and malnutrition; disease, especially control? among the very old and the very young, ag­ welfare of farmworkers who have been dis­ gravated by woeful shortages of doctors and The agrarian vision of Jefferson, clearly, is placed? Has it supported good roads, schools, a fading dream for too many in rural Amer­ recreational facilities, civic organizations dentists; unemployment and underemploy­ ica. For the small farmer ·and the farmwork­ and public services in rural areas? To what ment; schools plagued by poor facilities, scant er, it may seem that there are forces at work extent do these new business institutiOns budgets, low teacher pay and low educational which threaten his very right to live. Yet partiCipate in the political process? And standards; housing so dilapidated that the there is no real public policy debate on the With what effect? official label, "substandard" Beems almost a future direction of rural America. Without m. IS THERE AN AGRIGOVERN;MENT? euphemism. a loyal opposition to present alternative pro­ The social costs of rural poverty are high grams and directions, there is clea.r1y a danger Changes in rural America th.a.t h.a.ve sub­ and growing higher. Along with its talented that the forces of bigness-represented by stantially affected the fanner and fann­ young people, the traditional sense of com­ agribusiness and agrigovernment--may worker h.a.ve not come Without the deep in­ volvement of government at every leVel: munity is disappearing from rural America. dominate pubUc and private decisions af­ Public services in rural America are diminish­ fecting rural America; that government may local officials, state and federal legislators, ing in number and in quality; tax bases are decision-makers, and administlrators. unwittingly perpetuate the dOmination of / Governing tb1s sector of the economy, being eroded and political boundaries ren­ "agribusiness." If that should happen, more dered obsolete. The quality of life in too decisions will be made and more dollars spent with a declared "moral and legal responsi­ many rural areas leaves much to be desired. bility to fa.rmers and farmworkers" is the With little or no thought of the impact on the United States Depa.rtment of Agriculture. All this has been amply documented. In­ people of our rural or urban communities. deed, what is now so shocking about rural Yet it is clear that we do not now have The Subcommittee will explore whether this poverty in America is not that it exists, but the necessary information to implement an massive bureaucrac.Y benefits the many or that, having discovered it and documented effecti've program for rural America. the few in rural America. In its examination it, we are so indifferent to it. of this question, the Subcommittee will sur­ In 1967, for example, the President's Na­ II. FARMWORKERS, FARMERS, AND AGRmUSINESS vey relevant U.SD.A. and other government tional Advisory Commission on Rural Poverty AMIDST RURAL POVERTY programs, in terms of the priorities that issued its report, entitled "The People Left Poverty, certainly, is not universal in rural h.a.ve been esta.bUshed for serving the needs Behind." The report, an urgent and compell­ America. of all in rural a.reas. ing document, was prepared by a distin­ Large, well-finanCed farms appear to be Direct and generous subsidies to private in­ guished panel and staff of experts, and led by dOing reasonably well; some are obviously terests in the form of land retirement and an eminent chairman. Thousands of man­ prospering. Technological progress, sophisti­ conservation progra.ms, income support pro­ days of work were in.volved, and thousands of ca;ted managemeIllt, and highly efficient mark­ grams, taxation policies, water and irrigation public dollars expended. eting and distribution have led to astonishing subsidies, research subsidies for technology What has been the result? Can we con­ II€riculture-industry sucoesses. and mechanization, pestiCides, market serv­ clude that poverty in rural America has been These are facts abowt the rise of agribusi­ ices and surveys, and others whose impact materially affected-not to say eliminated­ ness: on human problems in rural America, for since 1967? Agriculture's assets total $307 b1llion, equal good or ill,is immense. The answer, sadly,is no. to about two-thirds of the value of all corpor­ Additionally, the Subcommittee will study Today, as 'in 1967, farmworkers and small ations in the U.s.; or about one-half of the the role of other public and private agencies, farmers alike share poverty-in some places, market .value of all corparation stocks on the including the Labor Department, the Immi­ abject poverty. Today, as in 1967, little relief New York Stock Exchange. Three out of every gration and Naturalization Service, agribusi­ is in sight and public concern for their plight 10 jobs in private employment today are re­ ness, recruitment agencies, crew leaders, is low. lated to agricul.ture. The U.S. has a $9'1 billion labor unions, interest groups and associa­ Today as then, both small farmers and grocery bill. If we add in the restaurant tab, tions, and others, to dete=ine wh.a.t their farmworkers are the victims of decisions and it reaches $114 billion annually. impact is on the future of farmworkers, policies beyond their effective control. Production of labor intensive fruit and small farmers, and others in rural America. Today as then, the migration from farm to vegetable crops was by less than 80,000 farms Clearly the larger an enterprise, the more city is accepted as a necessary fact of life­ that produced 80% of the $2.7 billion yield. able it is to hire lawyers, lobbyists, ' and and our cities continue to suffer. While only 2'% of all available crop land was public relations men to voice its concerns. Today as in 1967, both small farmers and 1.!Sed, it produced 24% of the value of all Has the decline in the number of farms and farmworkers.- are being displaced by tech­ crops and used 24 % of all farm labor engaged farmers reduced the political influence of nological and mechanical "progress," and ef­ in crop production. Over 50% of all this labor farmers? Or has political power simply be­ forts to upgrade the living and working con­ is ·seasonal. come more concentrated in fewer, wealth­ ditions of farmworkers and farmers are met Seven thousand corporations have entered ier hands that can afford political contribu­ with the contentions that improvements agriculture in the past ten yea.rs: the num­ tions to sway votes? If so, what has been might result in higher labor costs and more ber of farms is down-from 3.9 million in 1960 . the effect on policy-making? labor displacement. to 2.9 at present, and the average farm size We will also examine the role and activ­ The problems of the most severely disad­ has increased 31 percent. ities of government-supported Land Grant .vantaged people in rural America-migrant Less than one percent of all farmers pur- Colleges--partlcularly as they relate to the September 23, 1971 CONGRESSIONAL RECORD - SENATE S 14911' Biggest single problem In St. Paul's Head Staff say there is no room In the budget, and day care. Yet the painful fact is Start seems to be that parent Involvement which has been the same for two years, for that these farmworkers are still excluded does not go far enough. additional training. They would welcome from the benefits of so much of our legis­ Talks with parents and with staff at every contributions of training seminars from any level of the program reveal that parents are agencies in the communlty that could pro­ lative programs. not suffiCiently informed or aware of the role vide them. In view of continuing economic and they are asked to play. ' The fact that Head Start people have not political powerlessness faced by farm­ One critic puts it: "A bunch of people are gone out asking for that kind of help could workers, I think the new chairman has thrown into a room and told, "Here's what be taken as one sign of an Isolationist at­ established a most important and signifi­ ou have to decide.' " mosphere that seems to characterize the pro­ cant direction of the subcommittee. In Some of the most active parents complain gram, and that has been another target of his opening remarks before his first hear­ they're "kept in the dark." Some of the least criticism, usually frO'lll people on the out­ active parents seem to have no idea of how side. ings on July 22, he said: much involvement they could have. Another sign of Isolationism has been The problems of the most severely disad­ One active father says, "They need to be Head Start's apprehension about the new vantaged people in rural America-migrant trained to demand the program be respon­ Greater St. Paul Council on Coordinated and seasonal farmworkers---can't be de­ sive to them." Child Care. Head Start director Mrs. Sue scribed, much less solved, Unless we examine The dangers of tokenism have been drama­ Wlllia.ms says she is afraid the council may them in the light of the larger difficulty in tized by a study of a Los Angeles poverty try to control all day care in the city, and agricultural America: rural poverty. council whose members went through the somehow jeopardize Head Start, especially its motions of making decisions that had in emphasis on parent involvement. I agree with my distinguished col­ fact been already made by administrators. That fear seems unjustified for the coun­ league. It is clear that urban areas are The experience of sitting on a policy coun­ cil stresses voluntary coordination, prohibits unable to absorb the flow of people from cil measurably increased the members' sense interfering In program policy and requires rural areas; and it is impossible to ob­ of self-worth. Some went on to pick up baSic parent membership on its policy board. literate urban poverty without removing education they'd dropped In their youth. "Parent involvement is the most impor­ its rural causes. I have long been com­ Some went out to get jobs they'd never dared tant thing in day care," says Mrs. Harvey mitted to the prinCiple that by making apply for. . Bream, interim chairman ot the council. rural areas more attractive, we could re­ But as soon as they realized their "power" Two months ago, David Berres, an execu­ on the council was only a formality, they tive ot Wilder day care centers, became an duce or arrest the rural to city movement lost Interest In the program Itself; some even at-large member of PAC on his own request. of poor people. And we can significantly became hostile. Other representatives of the community have improve the quality of their daily lives. In St. Paul, Head start adminlstrators do been conspicuously absent from PAC It is unfortunate, but imperative, that not want parents' involvement to be a token meetings. the work of the subcommittee must con­ thing. Head start's weak contact with the rest tinue. But so it must, for only through Certain difficulties are Inevitable: more of the community is particularly serious, con­ than 500 parents are a huge group to orga­ sidering that one of its primary goals is to continued legislative action and oversight nlze by anyone's standard, especlaily when create needed changes In other institutions. will progress come. Furthermore, while most families are in Head Start for only one The schools have been changed somewhat Federal, State, and local efforts have year and about one In three mothers works by Head Start, according to Karen Johnson, shown some improvement, we have still all day. who directed Head Start when it was in the failed to meet the needs of the broader Furthermore, poor persons whose budgets schools and since then was principal at rural community. To date, major efforts force them to plan from day to day have to Groveland Park elementary school. are still focused on urban poverty, and make considerable adjustments when they She credits Head start with introducing not nearly enough emphasis has been sit down to tackle yearly budgets and pro­ teacher aides to the schools. There are now gram plans. 400 paid aides and 300 volunteers. placed on poverty in rural America. Yet, But In Head Start people tend to feel those And, she says, "We learned from Head the Nation does have the resources to problems can be licked. Last week all the Start that we needed smaller classes-we meet the needs of every rural citizen centers were closed as staff-administrators, realized that before, but Head Start brought through support of the public and pri­ teachers, cooks-and a handful of parents it more Into focus." vate sectors of our economy, giving re­ met to criticize the program as they never Some Head Start parents vow they will In­ spect and dignity to the individual, with have done before. sist on the same klnd of open contact With public school teachers that they have had equal access to opportunities for eco­ Teachers said 'they desperately want more nomic and social advancement. trairlng in childhood development and With Head Start teachers. Many feel the teaching methods and more chances to meet schools are far more responsive than they In view of the significance of the re­ together.. were five years ago. marks of the new chairman of the Migra­ Parents-one with tears in her eyes­ "Kindergarten teachers at first were skep­ tory Labor Subcommittee, and their im­ begged for more tralnlng In procedures, group tical," recalls parent coordinator Mrs. Marie portance to all Senators, I ask unanimous dynamics and organtza.tlon. Wilson. "They said Head Start was a waste consent that they be printed in the Downtown administrators made soul­ of money, a waste of time. They said they RECORD. searching examinations of how they some­ couldn't see a difference In the children. times jealously guarded their own juris­ "Now all we get from them are good re­ There being no objection, the state­ dictions, at the expense of efficiency and ef­ marks. They want to know what we'll be ment was ordered to be printed in the fectiveness. They made a number of concrete doing, so they can adapt their curriculum." RECORD, as follows: plans to divide their duties better and to STATEMENT OF SENATOR ADLAI E. coordinate their efforts. STEVENSON III Two new staff members were hired this MIGRATORY LABOR SUBCOMMIT­ Chairman, Subcommittee on Migratory La­ summer to beef up the teaching. Mrs. Kath­ TEE HEARINGS ON FARMWORK­ bor of the Senate Committee on Labor and leen McNellis, education director, Is working ERS IN RURAL POVERTY Public Welfare (on the scope and purposes out a curriculum outline which she will take of Migratory Labor Subcommttee hearings to centers for teachers to adapt to their Mr. Wn.LIAMS. Mr. President, the during the 92nd Congress, at the first hear­ needs. chairman of the Migratory Labor Sub­ ing on July 22, 1971). A language Specialist, Mary McAlolne, will committee (Mr. STEVENSON) has an­ put special stress on reading readiness. nounced a series of hearings and investi­ F~MWORKERS IN RURAL POVERTY Last week's meeting agreed that parents In 1813, Thomas Jefferson, in a letter to and teachers with talents In music, art or gations on the problems of farmwork­ his fellow statesman John Adams, expressed carpentry, should be given some time each ers in rural poverty. As the first his convlct!on that America, the new nation, week to visit each center. chairman of that subcommittee, I shall With its vast unCultivated lands and the During the summer, teachers and head never forget the great dimculty involved opportunity they prOmised, would bring teachers have met regularly: now teacher in securing the vital legislation which forth In the world not only a new form of aides and cooks will too. would assure justice and dignity to those government but a new kind ot man: self­ There was a lot of talk at the meeting who travel the face of this Nation to reliant, free and prosperous. about helping parents playa stronger part­ harvest our agricultural products. "Here," he wrote, "everyone may have land especially helping them move Into the driv­ to labor for himself 1! he so chooses ... Every er's seat Instead of concentrating on "house­ For 10 years we attempted to focus one, by his property, or by his satisfactory sit­ keeping" the program. on the migrants' problems, and proposed uation, is interested in the support of law In November, for the first time a two-day solutions for both the short and long run. and order. And such men may safely and ad­ tralnlng session for parents will be held at Many new laws and programs were en­ vantageously reserve to themselves a whole­ the University of Minnesota. Eventually, acted-minimum wage, and child labor some control over their public affairS, and a Head Start people hope parents and teachers coverage, crew leader registration, and degree ot freedom whIch, in Europe, would can be trained together. funds for health care, education, housing, be instantly perverted ••." S 14910 CONGRESSIONAL RECORD-SENATE September 23, 1971 families made by University of Minnesota m an of t he center's parents group until last "Now I get out a lot. There are parties, political science student Richard Shingles mont h wh en she became a teacher aid there. picnics, a going-away for a former teacher.M for a doctoral thesis. She hopes to follow her mother's footsteps When a younger Sister of one Head Start Just as many parents feel able to infiuence all the way to a teacher's degree. child died IOBt spring, staff and parents Head Start decisions. For the past nine months, parents and rall!ed to the famlly's side. "The more involved they get, the more they other low-income people have ruled all of They collected money for expenses not met think it's a good program," says Shingles, St. Paul Head Start's entry-level job&­ by Insurance, bought a headstone, clothes for who interviewed 100 parents over an 8- teacher aides, cooks and social service aides­ the llttle girl to be buried in, new shoes for month period. "Most of the criticisms were jobs that have no "paper" qualifications. the older chlldren and shoes for the father to 'We need more.' " Their training is given on the job and wear to the funeral (he had only a pair of Of the 100 parents, Shingles found 24 "very through workshops, under the direction of boots) . active," meaning they attended three or more career development coordinator Mrs. Mary Another famlly, new to st. Paul, was called meetings in the eight months. Lou Gnstad, and at University Extension Di­ to the attention of First Christian and Mc­ About the same number a.ttended one or vision classes organized by William Hoffman, Donough social service aide, Mrs. Donna two meetings, and just over half the parents director of the university's program for con­ Haley, because they spoke no English, had attended none. tinuing education in social work. no furniture and slept on the fioor. As for volunteer work in the classroom, Thirty-five St. Paul Head Start employes Mrs. Haley informed the parents, who Shingles found that 28 put In eight hours attend the evening classes, which Hoffman gathered up beds, clothes, and held a "wel­ or more a month, 40 less than eight hours describes as "adapted to Head Start needs, come shower" for the fam!ly at First Chris­ and 32 none. but not watered down." tian. Church members and neighbors came The people who were least apt to volun­ The students, he says, "are doing amaz­ too, and the 3-year-old son was enrolled. teer or attend meetings were parents with ingly well-better than they thought they When social service aides visit famllies, jobs and those who indicated a sense of could do." "You don't walk in and tell them what to do. complacency by their answers to dozens of "You see a former washroom- attendant go You wait t1ll they ask you," says Mrs. Haley. questions. to school witll a textbook in one hand and "Parents are really looking for someone Parents who are active, in contrast, are a dictionary in the other-they care that they can unload their problems on. Not some­ either people who already were involved In much," says Mrs. GUstad. one from ' welfare. A friend," says Margaret other groups or those whom Shingles de­ "They gain the confidence to go out loolt­ James, social service aide at St. James and scribes as previously "alienated." ing for a job, to say 'I can do this and St. PhiHp's. "They have a low sense of efficacy, com­ that... .''' West Side's aide, Mrs. Richard Kittleson, petence and self esteem. They're confused Sometimes as many as 25 to 50 persons was especially requested for the job by other about what society expects Of them and apply for one Head start jO\:}. Salaries are parents at the center because of her knowl­ tend to be ticked off with the 'system.' " $4,400 for a teacher aide, $4,800 for a social edge of Spanish and Engllsh. Every morning It is these people, says Shingles, who have service aide, $5,000 for an assistant teacher­ she brings a few children to the center who most puzzled social scientists, because noth­ all work eight-hour days. llve too far away to walk; teacher aide Beth ing ever seems to draw them out into the Teachers earn $4,875 and head teachers Gaston brings another carload. community, except a dictator or 'an oppo­ $5,700 for six-hour days, and cooks earn West Side mothers and fathers have met sition movement. $3,840 for six and a half-hour days. regularly since last winter organizing bake "Here in Head Start Is a case where the "There's not a lot Of money in this ja\:}," sales and dinners to raise money for a alienated come out-only FOR something, says one cook. "You've got to love kids or school bus. Instead of agalnst it." else you wouldn't be here." All Head Start ch!ldren are given medical While only a few parents can find jooo in and dental exams when they enter the HEADSTART FOR CHILD WAS MOTIVATOR FOR Head Start, all of those who volunteer in classes, and their height and weight Is MOM: THE PROGRAM Is DESIGNED PRIMARILY the classroom have a chance to pick up new checked monthly. FOR THE CHILDREN, BUT HEADSTART HAs ways of working with children-"L1ttle Mrs. Helen Stafsholt, the nurse, says aoout DONE SOME MINOR WONDERS FOR PARENTS things, different techniques," as St. Stepha.­ 100 ch!ldren were referred for dental treat­ AS WELU-PART IV nus head teacher DeeDee Ray puts it, adding, ment in the last year and another 100 to (By Ann Baker) "There Isn't a perfect way, \:}ut this gives Ramsey Action Program emergency and pre­ scription foods. Audrey Wright, 42, had a seventh grade an advantage." Parents personnel committee memoor All children are given red measles vaccine. educaMon, nIrie children and no work expe­ Immunization for pollo, German measles, rience. Maurice Evans feels many homes tend to be "dictatorial," so when he interviews jo\:} mumps and diphtheria-tetanus has just \:}OOn For 15 years she and her husband Wllliam started at each center. received welfare income supplements. appllcants he tries to determine whether they will provide chances for the children Mrs. Stafsholt says 17 per cent of the chil­ "I didn't know there was another world. dren are found to have visual defects and My parents were the same as myself. My to explore and discover and learn to think for themselves. 10 per cent hearing defects. All are referred father had laboring jobs; he worked when he to doctors. could. We knew a lot of hungry days. I felt Seeing that approach in the classroom hOB affected some parents. Maybe a dozen children a year are referred schooling was just for someone who thought to Wilder of St. Paul Rehab!l1tation Center he was smart." "You learn to let a child do more for him­ self," says Mrs. Audrey Brown, a st. Mark's for psychological treatment. Bui she ~sted that her children get as One boy was losing his hearing OOcause much schooling as they could. When Head mother. "If I'm \:}uildIng or painting something, I ooth his parents are deaf and the onIy lan­ start came along, she enrolled her youngest guage in the home was sign language. child, and ~our years ago Audrey began work­ let my chlldren help. Before, I'd hurry up and do it myself. Also, I notice a lot of "We wouldn't give him something 1! he ing for Head Start as a teacher aide. said 'Ah-ah' for it," say teachers at the cen­ Before long, she got her GED (high school mothers didn't used to let their kids use scissors. Now they've taught them how." ter he has attended for six months. Now equivalency certificate). when you ask him the colors of objects, he The past year she has been a teacher at One Mt. Zion mother, whose son had fre­ quent temper tantrums, used to respond answers clearly. First Christian Head Start and this month "Both parents are active volunteers; the will receive a 45-credit certificate in early either by ignoring him or throwing water on him, according to former head teacher Mrs. father often helps the children with car­ childhood studies from the University of Min­ pentry; the mother accompanies them on nesota.• Gaynell Ponder. Then she began working with another chlld walks. And they too ~ave made many friends Her husband has a better job now than through Head Start." before. ("He was an orphan and a school who had similar tantrums. The teachers' re­ dropout--lf he'd had something Hke Head sponse was to pick the chlld up, take him out in the hall and talk with him, and the HEADSTART HAs ITS SHARE OF CRITICS--PART V Start he could have learned to cope with a (By Ann Baker) lot of things he never did.") mother tried the same thing. Recently the Wrights received notice they'll And, says Mrs. Ponder, "she found that by In the six years Head Start has served st. have to find a-..new home because they're not lifting her voice and not getting angry­ Paul children and parents, there have been "over income" and cannot continue Hving in by controillng her own feeungs-it was easier many critics who say it hasn't done enough. Mt. Airy public housing. to control her child's." Some say It starts too late-usually at age Wouldn't they be better off without the Some parents take home a sense of achieve­ 4-and ends too soon--,000. The late ordinated Child Care. (By Ann Baker) Mrs. Evelyn House became director. Each center or project's policy would be Head start parents help the classes In a By tha.t tlme parents fTom all the centers made by a project policy committee with half hundred ways. had joined to form a oitywide Parents Ad­ Its members parents, the other hal! com­ They read stories, lead singing, mix paints, visory CouncU with rights to advise and munity representatives. help prepare meals, supervise children on consent over major decisiOns, including Among the projects would be: the playground or on trips to the llbrary, the staff hll"l.ng. Day care combined with education, health, fire station, the gas station, the beauty par­ The program has run continuously since social and nutritional services, lor, the Capitol. then, except fOT a few days in June, 1970, Learning programs for preschool through At one center, a father built a set of when parents and adm1n1stratOTs falled to grade 3, shelves, on wheels, for toys. At another, a agree on the appointment of II. new director. Child development training for parents, mother who works during the day washes Sue Wlll1ams, the parents' choice, withdrew including at-home services, and irons all the sheets and blankets for the her a.ppl1cation and former Honeywell em­ Staff training, children's naps. ploye SeymoUT Levanthal was appointed. Child advocates to help families secure When parents volunteer in the classroom Six months later local OEO administrators full access to local programs, "It gives more tlme for individual attention asked him to resign and Ml's. WHlia.ms be­ Research on child development and the to the chlldren," says David Allen, head came director. effect of programs. teacher at West Side Head Start Center. Today there are 11 year round, full day The bill requests greater attention to "BeSides, they're their kids. I feel they centers, in st. Paul with II. 75 percent staff handicapped children, asking they be in­ should have a lot to say about who is work· serving 340 ch1ldren. The bu1iget is $450,000 cluded in regular rather than separate pro­ lng with the kids and how. There can be a and Ramsey Action Pirogram is the adminis­ grams wherever possible. give and take. trative agency. In St. P8.ul and ne.tionally, It also makes special provisions for Indian "Parents can learn things from the staff. Head Start officia.1s estimate they enroll only and migrant children, requiring that all I've learned things about individual chil­ one in 10 of all children below poverty level. programs with Spanish-speaking children dren by talking with parents." stress both English and Spanish. "If a parent is involved, the child takes CHILD CARE VOTE DUE IN SENATE If the blll passes, a committee to draw up more interest," says Mrs. Ruthella West, a A sweeping child development plan, to standards for all federal child care programs mother at St. James. provide day care, health, education and so­ will be formed three months later. Half the And to Mrs. John Vaughn, head teacher cial services for American children of all committee will be parents. Final approval of at st. Mark's: "If you don't feel close to the ages and income groups, is scheduled to be standards will be made by the secretary of parents you don't have anything going for debated on the floor of the Senate Wednes­ HEW. YOu." day. The Brademas bill in the House is like the Parents at St. Mark's are "always avallable Sponsored by 32 senators of both parties Senate version In most respects. But it pro­ when we need them," she says. "And we're and backed by a coalition of 90 national la­ vides for no pollcy committees at individual wide open for suggestions from them." bor, mayors, church, civU rights and educa­ centers. Instead local pollcy councils, with a It was the parents who decorated the cen­ tion groups, the League of Women Voters purely advisory role, would represent large ter for the Christmas party and who planned and the National Organization for Women, neighborhoods or entire towns. the graduation. Each agreed to bring $1 a the Comprehensive ChUd Development Pro­ Programs could not be sponsored by a month for "extras" and they bring outgrown gram is included in a blll amending the small city or county, only by states, cities clothes for kids who might need them. Economic Opportunity Act of 1964 (Senate of over 100,000 or regional clusters of com­ The "worst" project ever undertaken by File 2007). munities. Child development councils, with Mt. Zion parents, says mother Mrs. Harold Among the principal sponsors are Sen. half their members parents, would make pol­ Haris, was a tour of the Tonka Toy factory. Walter Mondale (D., Minn.) and Sen. Jacob icy for the program. Parents would not have "The tables were too high for the chll­ Javits (R., N.Y.) Supporters expect the Sen­ veto power over the mayor's choice of other dren to see what was going on. Then their ate to vote on the bill by the end of this members. eyes popped out when they saw the 1inished week. Existing Head Start centers could con­ product--and we couldn't buy them any." It provides free services for chUdren from tinue, but the blll makes no provision for What's "great," she says, Is Christmas­ 1amllles whose income falls below $6,900 guaranteeing they would. "the most wonderful parties; so many people for a family of four (Bureau of Labor Statis­ One Issue expected to be debated In the contribute things, it touches you." And Eas­ tics "lower living standard"). Higher in­ Senate this week over the Mondale blll is ter-"We pack socks for all the kids." come families would be charged fees based on the question of sponsorship-whether it can Mrs. Victoria Rangel, who supervised chll­ ablllty to pay. be by a small town or only a state, large city dren on the bus to Mt. Zion every day for six Two-thirds of the budget would be spent or region. weeks last winter, then stayed t1ll noon to on the lower income children. Another Is the provision of free services read stories, play games, squeeze toothpaste Enrollment policies would give priority to to children from families with, Incomes up on brushes, set tables and help wash up, said . chUdren of working mothers and single par­ to $6,900 (OEO poverty level is placed at it was easy for her to be a volunteer. ent families. A mixture of incomes would be $3,800 for a family of four) . "I ask what I can do. But some parents encouraged at each center. Sponsors also belleve there may be an ef­ feel they don't want to be pushing, so they A companion child development bill (House fort to separate the child development pro­ end up feeling in the way. They'd llke to File 6748), sponsored by Rep. John Brade­ gram from the other OEO amendments, be told." mas (D., Ind.) and 119 other representatives, which would send the blll back to committee Ideas for projects come from parents at is pending before the House Committee on for further study. nearly every center. At St. Stephanus, they Education and Labor. In the meantime, a day care bill sponsored suggested a blueberry pancake day. The Senate bill states that It Is modelled by Sen. Russell Long (D., La.) will open com­ "We made 150 that morning," head teacher on the "successful experience" of Project mittee hearings on Sept. 14. Mrs. Dee Dee Ray recalls. "The kids were Head Start. It authorizes $2 billion appro­ It calls for establlshing a partially publlc flipping them up In the air." priations in fiscal 1973 for services to chil­ federal chlldcare corporation under the De­ Parents there also suggested a tasting day. dren from Infancy through age 14. New partment of Labor, paid for initially by a $500 The class walked to the store, bought pine­ projects would merge with Head Start under mllllon Treasury loan. apple, strawberries and bananas and went the Department of Health, Education, and back to the center for a feast. Welfare. The corporation could contract with exist­ ing publlc and private day care agencies and "Kids would say 'I don't llke that.' When Locally, they would be sponsored by cities, they tasted It, they changed their minds." counties or clusters of towns and villages. build new centers of Its own. Programs would eventually have to become self supporting At two centers, parents' requests that naps The locality must demonstrate that it will be optional were followed. At Roosevelt, par­ spend no more than five per cent of the funds from fees (including public assistance for poverty children). ents asked If children could dish up their on administrative overhead and that It will lunch buffet style as an exercise in manners. provide links with local health, education Long's biliincludes Its own day care stand­ and social services. ards, callin g for one adult to supervise every After the fifth plate of beans went on the Parent participation would be based on 10 children. That would supersede current floor, a meeting was called and a compromise Head Start guidelines. Local program policy standards for federally financed day care cen­ reached. Kids now help themselves, but only to bread pickles and celery sticks. would be directed by child development ters, which call for one adult to ~ery five councils consisting half of parents and half children aged 3 or 4, and one adult to every Says Mrs. Ray: "I don't think I'd llke It 1f of appointments by the mayor. At least half seven children aged 6 or 6. parents ran the whole curriculum. Teachers the mayor's appointments would need to be Long's blll would not require that day care would have a rough time. approved by parents. centers prdvide developmental services, but Each of the 11 Head start centers In St. Where coordinated community child care he lists a number of services that could be Paul has 30 chlldren (Unity has 45), a head councils exist, they have asked to be named offered. teacher, a teacher, a teacher aide, a cook and September 23, 1971 CONGRESSIONAL RECORD -SENATE S 14907 areas lacking even the bare necessities for beoome competitors with parents, not co­ coordinator Estelle Gritfen, Minneapolis has growth and survival. operators." the stronglest parents' participation in the Poverty In some places, Including the Dr. H. Jack Geiger, chatrman of preventive state. slums of Washington, D.C., and southern medicine at Tufts University In Boston, said. Many mistakes have been made but they've Mississippi, has been proven to have dis­ "I think we have had just about enough of taught their lessons, and parents have been astrous effects on children. Babies with su­ programs that meet the needs of profession­ eager to learn. Last month parents spent two perior Intelllgence capacities at 3 months als and may be grossly Irrelevant to people days with the staff, studying the dilIerences dropped to retardation levels by the age of 3 who are supposed to be served." between policymaklng and administration, so years (from IQs of 120 to 85). In response to the chorus of warnings from that both could agree on their proper Their boi:l1es were weak from a diet of one more than a dozen child care specialists, par­ responsibilities. meal a day, usually without protein. They ents and representatives of minority groqps, St. Paul's Head start parents have not were discouraged from crawung about be­ Sen. Walter Mondale said he felt that with­ assumed that much authority, but there cause they might hurt themselves on broken out paren,t }nvolvement, his legislation (de­ seems to be a growing commitment among furniture or open stair wells. They were scribed on this page) could become just most Head start administrators In the Ram­ discouraged from talking or asking questions "another paternalistic strategy." sey Action Program (OEO) offices to draw because their famll1es were convinced that Witness after witness asked the senators out more involvement from parents than would get them "in trouble" with society. to look at the way Project Head Start en­ ever before. They had no books or toy~. courages a "family centered" approach. "I feel the whOle education of this country Today many educators In Minnesota and "It has taught even the professionals the depends on people having a say about it," across the world are doubtful that poverty, value of thls method," said University of says St. Paul Head Start director, Mrs. Sue except In such severe Intsances, necessarily Illlnols pediatrician Dr. Robert Mendelsohn. Williams. "Parents still don't realize they're cripples a child's abil1ty to learn. "After all, most of our American institu­ tmportant. They st1ll think paid staff know Generally they agree that the biggest single tions tend to be anti-family In orientation. more than the mother in a home-when all in11uence on a child's learning ab1l1ty ls not Hospitals usually discourage parents from the education comes out of the home." the size of his family's Income per se but staying with their children ... Schools have Last year parents 01 the 340 Head Start rather the attitude of his parents-(although traditionally tried to keep parents at arms' children In St. Paul spent over 20,000 hburs the Income often affects the attitude). length . . . Day care legislation ls somettmes In classrooms and meetings. Several have "We can't separate children from the designed to force mothers to leave their home got Jobs as teaCib.ers aides, cooks and social problems of the families," sald Dr. Reginald and children and go to work. WhIle this anti­ service aides. Most ot the active parents say S. Lourie, president of the Joint Commission family bias works agalnst all our population, Head Start has changed their lives In one on the Mental Health of Children, to the Sen­ it ls especially cruel to famllies living In way or another. Most parents, whether active ate committee. poverty. or not, say they a.re very fond of the program "We are asking that the schools do super­ "Project Head Start ls almost unique in and anxious for it to continue and grow. man types of jobs with almost Impossible American lIfe---along with the church-in What parents do for Head Start In St. situatiOns, very often, that are the result of recognizing that, while the individual ls im­ Paul and what, they feel it has done 10r the neglected early years . . . the apathetic, portant, the tamtly ls the primary unit." them will be described in the next four parts passive, dependent, hopeless, helpless chlld From the beginning, Proj&ct Head start of this series. who grows up Into the hopeless, helpless has included parents as an "essential" part adult and can end up as the unavallable ot its program at every level, from policy HEADSTART: ITS 7-YEAR HISTORY mother or father." making to dish washing-at least In theory. Project Headstart was planned by the Of­ If parents are interested In a chUd's learn­ In reality, it has often been extremely dIf­ fice of Economic Opportunity In the fall of Ing and expect him to succeed, he has a head flcult to coax parents to participate. And 1964 as an experimental preschool program start from the minute he ls born, an ad­ when they do, confiicts sometimes erupt for about 100,000 poverty children In some vantage that will continue during hls early with adm1n1strators Impatient at having to 300 communities. growing years, when proportionately he gear dpwn their efficiency to the pace of a Immediately it became the most popular learns more than In all the rest of his life. democratically elected, untrained parents part of the poverty program. Betore the plans Day care advocates, anxious for something advisory council. were off the drawing board President Lyn­ better than the "custodial" care that is The ditficultles have nearly kUled some don Johnson declared Head Start should given most of the nation's five mlll10n pre­ Head Start programs and reduced the degree serve no fewer than half a mtllion children. schoolers whose mothers work, have begun to of parent involvement in others to a token In 1965 the first classes opened for 561,000 take a hard look at the importance of par­ gesture. preklndergartners In 2,400 communities, ur­ ental influence. But the problems of enlisting parents In ban and rural, at a cost of $97 mtlllon. Classes More and more of them are expressing fears some cities have been overshadowed by the ran for eight weeks and included dental and that nursery school classes, however well successes In others, to the point where a physical examinations. planned and taught. may in fact help chll­ year ago a firm directive went out from the Parents were not Involved In the plan­ dren learn very little If parents have nothing Office of Child Development to every Head ning stages, according to the flrst national to do with the programs. State office across the country, demanding Head Start director, Dr. Julius B. Richmond, Some day care promoters have ignored greater efforts to Involve parents and enable because local administering agencies, as­ those fears In the rush to bulld centers that them to progress from simple contributions, sumed they were uninterested and unable wUl at least seem to provide some kind of like escorting children on walks and baking "educational component" for the mlll10ns to playa part. cookies for the school carnival, to the com­ st. Paul imblic schools ran Head Start of little children who have to be somewhere plex job of deciding how the whole program doing something while their parents are at classes for 680 children in eight schools that is run. first summer, with funds adminlstered by work, and the millions more who wUI be "Unless this happens," saId the instruc­ needing some kind of care If and when the Ramsey County Citizens Committee (the 10- tion notice, "Head Start ... will remain a eal OEO agency now called Ramsey Action President's Family Assistance Plan is en­ creative experience for the preschool child acted, adding the country's welfare mothers Program). The director was 'public school in a setting that is not reinforced by needed teacher Karen Johnson. to the work force. changes in social systems Into which the But while developers build, pleas have The summer before, a forerunner of Head child w1ll move." Start had been operated at McKinley school been growing from the civic groups, psy­ Up to now only a few Head start parents in chologists and parents who have been spur­ by the Council of Jewish Women and the St. Paul or anywhere else actually have much public schools. Women from the councll, ring them along: "Don't leave the parents say about how the program Is run. Their out of it." worked In it as volunteers. McKinley Pre­ opinions are asked, but In the majority of school continued for the nextjtwo summers, Again and again, testimony before Senate Head start programs that's about It; par­ teaching 30 children In the lnornings, an­ committees In the past two years has echoed ents may advise teachers and administra­ other 30 in the afternoons, then was ab­ those pleas. tors but they don't set policy. sorbed by the public schools Head Start. University of ChIcago education professor Examples where parents do control Head In May, 1966, the North Central Voters Benjamin Bloom said. "The basic unit with Start, though, are growing. In Minneapolis, League opened three year-round day care which we must deal more and more In educa­ for Instance, parents were virtually ex­ centers for 120 chlldren, directed by Mrs. tion, and especially In early chlldhood ed­ cluded from participation for two years Sue Williams. The following spring the cen­ ucation, is not the chlld alone but an adult, while Head Start was directed by the public texis became funded by Head start through preferably the mother, and the chlld. I would schools. the local OEO office. make this almost the central case-how to In 1969 the parents asked to set up a gov­ Head Start in the St. PalUl public schools find ways of helping parents do a better erning council of their own, and the schools continued halt days for presc.hoolers fI'OiIIl fall job." turned over the program to them. 1965 until fall 1966. They were then closed Black Civll Rights activist Marian Wright Funds and direction continued to be chan­ till summer 1967 because of a shortage of Edelman said. "We must assure that we do neled through the MOER Board, Minneapolls OEO funds. Then they opened again for 465 not separate the ch1ld from hls family nor OEO agency, untll that board was dissolved chlldren in eight schools at a cost of $330.000 usurp the parents' responslb1l1t1es for his last year. Now the parents' council manages till Ja:ruuary 1968 when fund shortages once development. If parents cannot Influence the the funds, as well as the policy. more caused them to close. operation of these programs, the programs According to regional Head Start training In S'Ummer, 1963, operation of the three September 23, 1971 CONGRESSIONAL RECORD - SENATE S 14905 AfrIca to seek other ways. Nevertheless, the opportunJrty to seek UN and other support for mination that continued South African oc­ depth of feeUng, the impulses toward solidar­ the liberation movements currently directed cupation of South West Africa is megal. We Ity are strong. Even the most conservative against Portuguese rule. The establishment of supported the referral of the Namibia case -o.bers of the Organization of African indepenQ,ent majority governments in these to the International Court of Justice. We dis­ yare reluctant to oppose the general territories remains their objective. courage US business from going into that oaches broadly agreed upon by the OAU, African proposals and speeches on all these territory. These approaches are reflected in the recom­ issues are likely, in the main, to reflect an We have been at the forefront in enforc­ mendations of the OAU African caucus which increasing frustration and impatience over ing sanctions against RhodeSia, the only plays a key role in the African issues in New wha.t Africans consider a lack of adequate mandatory sanctions ever voted by the York. progress on these issues and alack of genuine United Nations. Wha.t are the African preoccupations? support from the major Western natiOns, in­ We have scrupulously maintained a volun­ In the Republic of South Africa, the laws cluding the United States. South Africa to tary arms embargo policy with respect to the and government poUcy seek specifically to them appears firmly under white minority Portuguese territories in Africa. maintain the dominance of a white minority. rule with little indication of immediate Most African leaders with whom I have South West Africa, now known officIally in change. South African determination to stay spoken recognize and give us credit for what the United Nations as Namibia, was a former in Namibia is clear. The Africans, so far, see we have done and are doing. They wish only German colony placed under a South African little chance for early African rule in Rhode­ that we would do more. mandate after World War I. The UnIted Na­ sia. Portugual's determination, both m1l1tary They recognize, too, that actions in the tions, now supported by the International and poUtical, to retain its territories appears United Nations are but one part of our total Court of Justice, has determined that South as firm as ever. The more mllitant Africans relationship. They know that our manifesta­ Africa has not fulfilled its mandate responsi­ see in the new contacts between some l:Jlack tion of Interest in the causes and concerns bilities and that the territory is, therefore, states and South Africa, in the proposals for of independent Africa occurs in other ways of under the direct responsibility of the United "dialogue," and in increasing signs of security importance to them. Not the least of these Nations. The UN calls for the withdrawal of cooperation among the white ruled states, a is our contribution to the economic and so­ t,h Africa. movement away from their objectives. This cial development of their countries. Further, Rhodesia, a white minority of four per he1ghtens st111 further their frustra.tions. the varied currents of opinion in modern in­ c t of the population dominates the black The Africans stand by no means alone on dependent Africa are not fully manifested in ninety-six per cent and seeks by its presen~ these issues. In the main, they can count the caucus approach taken by the Africans constitution to prevent the black majority on the a.utomatic support of the newly in the United Nations. The UN actions are, from ever acquiring a decisive voice in their independent countries of Asia and of the therefore, only a part of the picture. This own country. Eastern European bloc. Support from us, does not diminish, however, the importance In Mozambique, Angola, and Portuguese however, is far less automatic. The issues of United Nations action on both the world Guinea, the Portuguese hold tenaCiously to are frequently posed in simpUfied terms. and the African scene. what they consider integral provinces of Por­ Those who vote against a particular resolu­ It is not pessimism, but honesty, to say tugal. The Africans regard these as the con­ tion often appear to be standing In a small that we shall undoubtedly faU to achieve tinent's last significant colonies denied the isolated group opposing self-determination full agreement with the African nations on right to selt-determinatlon and independ­ and upholding continued racial discrimina­ African issues in this General Assembly­ ence. tion. just as we have during previous sessions. We In this Situation, the basic African thrust Each year the UN votes are tabulated. The hope our African friends and those deeply has been and wlll probably continue to be to arguments, the explanations, the negotia­ concerned in this country will recognize that isc'ate South Africa and to manifest support tions, the speeches are forgotten. What is in these issues we are not challenging the for those seeking radical change in that noted by those in Africa and here at home prinCiple. The issue is how to achieve the country. At the outset this fall, there may be is whether we have voted yes, or no, or objective. a challenge to the South African govern­ abstained. The issues become simplified; the The African nations quite understandably ment's right to participate in the UN, on the whys of our vote are forgotten. Depending on approach each issue relating to them from mds both of racial pOlicies and refusal to points of View, particular votes are seen lIS the single viewpoint of Africa. They are hon­ erate on South West Africa. There will good common sense or a denial of funda­ estly and sincerely convinced that what they undoubtedly continue to be demands for the mental US prinCiples. Some see the votes are call1ng upon the UN to do--sometimes in withdrawal of outside investment, for cutting as reasonable and realistic; others wonder if the way of enforcement actions-iS "right." air Unks with South Africa, and for restrict­ we're totally ignoring the issue. Stm others But we, as a major power, need to consider ing trade. Africans will seek resolutions call­ may see our stance as a refusai to recognize each issue in a wider context. We must look ing on UN members and UN specialized agen­ the importance of an anti-Communist ally. beyond the immediate effect of a United Na­ cies to "render moral and material support" The United States is involved in these tions resolution. We have our own Congres­ to the African liberation movements, targeted issues, whether it wishes it or not. We are sional and public op!n1ons and the ultimate not only against South Africa and Namibia, one of the five permanent members of the matter of continuing US support for the but against the Portuguese territories and Securit y Council. We strongly desire the United Nations. We must think in terms of Rhodesia as well. continued strength and influence of the the world picture, of how any particular ac­ The stl:ong pressure by the Africans against UN, By the example of our own history and tion would affect other problem areas in the any arms sales to South Africa will be high­ in our frequent declarations, we have con­ world. lighted by a continuing special OAU mission Sistently endorsed the right of self-deter­ We also must consider what effect the reso­ mandated to visit NATO natiOns and other mination for the people of southern Africa. lution will actually have. Experience shows arms suppliers. But it is our very concern for the future that often, in addition to votes in favor, we Proposals for Namibia will also be laid be­ and respect for the UN which prevents us must have the votes of those countries whose fore the Security Councll and the General from endorsing positions on complex issues cooperation is essential to implement a reso­ Assembly by a special OAU mission. These posed at the UN in simpUfled or patently lution. The United Nations is not a world proposals wlll be based on the advisory opin­ unworkable form. parliament where it is SUfficient to assemble ion handed down by the International Court The stand we have taken on the African a majOrity to vote something into law. of Justice, which this June confirmed that issues is clear. We have demonstrated, as Resolutions which express strong senti­ Sou~ Africa's mandate over this former Ger­ unequivocally as any major nation, our sup­ ments, but have no practical effect, may man COlony was terminated and that South port for the principles involved. have a negative rather than positive in­ Africa's continued presence there is meglll. President Nixon said last year in his ad­ fluence on the prestige and authority of the The intensity of dlscussions on Rhodesia dress to the 25th Anniversary of the General UN. wlll probably depend, in part, on whether Assembly: We must consider carefully, for instance, there is any progress' in contacts reportedly "We do hold certain principles to be uni­ resolutions call1ng for economic sanctions now going on between the British and the Ian versal: since experience has shown that sanction~ Smith regime in Rhodesia. The Africans sup­ That each nation has a sovereign right to are most difficult to enforce and will be in­ port the United Nations economic sanctions its own independence and to recognition of effective if the major countries concerned against RhodeSia, but remain skeptical of its own dignity. are not prepared to cooperate. A resolution their ell'ectiveness. The African tendency will That each individual has a human right to that wlll be honored in the breach by a continue to be to call for the use of military that same recognition of his dignity. number of countries whose observance is force to oust the Smith regime. It remains That we all share a common obligation to essential to Its success, helps no one. This their feeling that this should have been the demonstrate the mutual respect for rights isn't good for those who sponsored the reso­ inltial reaction of the British in 1965. and feelings of one another that is the mark lution. It isn't good for the people who are African feelings against continuing rule by of a civll SOCiety and also of a true commu­ supposed to benefit from it, and it isn't Portugal in its territories in Africa have un­ nity of nations." good for the United Nations. doubtedly been strengthened b~ the reported We have maintained conscientiously the We may often be in sympathy with the >1;uguese involvement in an attack on arms embargo against South Africa recom­ ultimate purpose of a resolution but we lea last year and by complaints brought mended by the United Nations Security cannot support terms which, in our view, t Portugal in the Security Councll in CouncU in 1963, although under the terms of detract from its true effectiveness. We share the intervening months by both Guinea and the resolution it is not mandatory. Senegal. The Africans will probably lose no with all United NatiOns members a respon­ We have supported fully the UN's deter- siblllty to keep UN resolutions reasonable S 1490G CONGRESSIONAL RECORD - SENATE September 23, 1971 and accurate and consistent. Draft resolu­ them, and the use of mllitary force. We have five-part series on Headstart and Child tions, for example, which take into account problems with each approach. Development. This series of perceptive the unverified allegations of one side only We believe change w!ll come In southern do not provide adequate factual basis for Africa. Economic and demographic pressures articles, written by Ann Baker, traf' the UN's peacemaking processes. make this Inevitable. In South Africa Itself the history and discussed the experi€ We are particularly sensitive with respect there Is a lessening of rigidity. Change Is a of the Headstart program in Minne to actions taken pursuant to Chapter VII central theme of discussion; there Is psycho­ ,generally and the Twin Cities specifically of the United Nations Charter. This Is the logical and Intellectual ferment within the It focuses on the key issue in day care: Chapter under which the Security Council Afrikaner community; there have been Iso­ Whether these programs will be truly de­ has the power to take decisions binding on lated Instances of acceptance of multiracial velopmental or purely "cold storage" member nations. We regard that chapter of activities; there Is a growing realism among custodial operations. the Charter as a most precious thing. It businessmen that Africans are Important to The articles' analysis of the need for might some day make the difference be­ them as sk!lled workers and as a market. They tween world peace and holocaust. We are are beginning to focus on the need for im­ parental involvement in these programs; most concerned, therefore, that actions provement of working conditions for non­ their review of the benefits both children voted by the United Nations which In any whites. We cannot expect change to come and their parents have derived from way involve Chapter VII should be clearly quickly or easily. Our hope Is that it w!ll child development activities, and their related to threats to the peace or breaches come peacefully. balanced assessment of the problems and of the peace. On this matter we have been Isolation can breed rigid resistance to potentials in development day care, pro­ especially scrupulous. change. Open doors can accelerate It. We be­ vide an extremely useful inSight into ex­ Specifically, much as we deplore apartheid lieve the idea of expelling or suspending South Africa would represent a dangerous isting and proposed day care programs. in South Africa and other forms of racial In discrimination, or the denial of majority precedent, a move toward Isolating South addition to the five articles, the rule, we cannot agree that they automati­ Africa's black population, and a move away series included a very knowledgeable dis­ cally constitute a "threat to the peace", In from that universality of membership which cussion of child development legislp the sense of Chapter VII, Article 39, of the the United Nations is gradually approach­ pending before Congres and a revie Charter which says that the Security Coun­ Ing. the history of Headstart in Minnesota. cil shall determine the existence of any Punitive economic measures are unpopular As one who has been working on child threat to the peace, breach of the peace, or in this country. We have had experience In development legislation in the Senate, I act of aggression and shall make recom­ the problems of enforcement and control. These experiences do not encourage us to found the articles to be extremely useful. mendatiOns or decide what measures shall I commend them to the attention of Sen­ be taken to maintain or restore Interna­ believe that such measures are workable against countries which are important eco­ tional peace and security. ators and ask unanimous consent that In our policy and in our actions we can­ nomic entitles. By their wealth such entities they be printed in the RECORD. are able to cushion themselves against eco­ not be Indifferent to our relations with non­ There being no objection, the articles nomic pressures and encourage non-compli­ were ordered to be printed in the REC­ African nations involved In these Issues. ance by others to weaken and thwart these We have friendiy relatioIlll,"""for example, pressures. ORD, as follOWS: with the Portuguese. We cooperate with We have supported the economic sanctions HEADSTART DAY CARE HAS HEART-PART I them in NATO, but this a cooperation con­ against RhodeSia, ' but this is a special case. (By Ann Baker) fined to Europe. We have made clear our We have supported them as a feaSible, if Some of the most ardent supporters of day basic disagreement with them on their Afri­ difficult, short term measure to create pres­ can policy. We believe that the people In­ care have begun to worry they may be creat­ sures for a settlement with the United King­ ing a monster. habiting these tel;Titories are entitled to the dom. Despite Incomplete compliance by What good w!ll thousands of centers do for right of self-determination. However, we many nations; we feel this boycott is achiev­ millions of children, they are asking, if are not ready automatically and without ing its objective. We do not see It as a prece­ stead of helping kids grow and learr clarification of facts to jump to conclusions dent for other, different-situations. children are simply kept in "cold sto regarding the responsib!l!ty for incidents be­ We can understand the Impatience which t!ll their parents pick them up? tween Portugal and African states--as we leads to demands for the use of force. Never­ And what about the parents? Will they are often pressed to do. theless, we see little prospect of Its effective lose all Infiuence over kids who spend the We have long had relations with South use In bringing change in southern Africa whole day In the care of strangers? Africa. Although we strongly oppose racial and we cannot favor Its use. The number of day care centers In Min­ dlscr!m!nation, we recognize the complexity The United States Is most unlikely to be nesota alone has doubled In the past two of the problem South Africa faces. We fully involved In military Intervention on any years. Except for Head Start and a few agree that the present situation must change, side in Africa. Moreover, actions of the UN smaller efforts, most of them are buUt, but we cannot subscribe to oversimplified itself to support force would not accord with planned and operated without consulting solutions to complicated and Intensely the basic purposes of the organization. parents of the children who are put into human problems. 'l'hls catalogue of potential differences Is them. Moreover, based on our experience, we can­ long. I have set It forth In order to put our "Parents today, far from not caring about not agree with the African assumption, often response to the African Issues In perspective. their children, are more worried about them expressed, that we could exert significant in­ I have set It forth, also, as a means of frank than they have ever been in the course of fiuence on these areas, if only we wished to communication with' our African friends recent history," child psychologIst Bruno do so. Rarely can one nation, any natlon, themselves. I have found they appreciate Bettlehelm recently told a Senate commit­ however powerful, so affect basic attitudes in and respond to this type of diplomacy. tee considering chUd development legisla­ another society if that society clings to its We do not expect the Africans to cease tion. vested interests and resists change. preSSing their viewpoints on these Issues. The "The crux of the problem is that many In the broader context, we are also con­ United Nations represents one of the few parents have become powerless as forces In cerned over the impact of these issues on the means they have of continually mob!l!zlng the lives of their children. A child often specialized agencies of the United Nations world opinion on their behalf. We, further, spends more time with a passive babysit­ such as the World Healtp. Organization, Food agree with them that the absence of sub­ ter than a participating parent." and Agriculture Organization and Economic stantial change In southern Africa w!ll con­ The answer, Bettlehelm went on, cannot be Commission for Africa. The constant pressure tinue to create tensions and ultimately sought in trying to halt the spread of day to inject political considerations Into tech­ threatens the peace. care centers. "There can be no doubt that nical bodies-and to expel members on po­ We do seek and hope for continuing dis­ day care Is coming to America. The question litical grounds-adversely affects their effi­ cussions with the Africans on these issues Is what kind?" ciency and the effectiveness both of their 'and continuing cooperation In finding ac­ To Bettlehelm the only kind of care that administration and of their field work. We ceptable and effective courses of action. We w!ll "retain and rededicate our commitment do not belieVll it is In the Interests of the hope that, in this way, the substantial In­ to the family" Is something that w!ll join Africans, who are among the principal bene­ fiuence of the United Nations can be pre­ parents with' professionals in efforts to help factors of UN specialized agency work, thus served and exercised so as to generate not young children learn a~ school and at home. to pOliticize what began as essentially tech­ the appearance of solutions, but fair and Growing numbers of educators and psy­ nical organs. workable progress toward human rights and chologists agree. As an example of how that In conclusion, our differences with the self-determination for all in southern Africa. can be done, they have begun to examine African nations are essentially over how Project Head Start. change In southern Africa will be achieved­ When Head Start began six years ago as not whether. It is over how the United Na­ CHILD DEVELOPMENT IN summer enrichment classes for 5=year-olds, tions can be most effectively used-not MINNESOTA it was designed to provide an experlme whether. In general, the Africans seek sup­ "Intervention" In the environment of port for three broad approaches: isolation of Mr. MONDALE. Mr. President, re­ children, an environment that was see the offenders, economic measures against cently the St. Paul Pioneer Press ran a be unstlmulating, restrictive, and In some /

S 14594 CONGRESSIONAL RECORD - SENATE September 20, 1971 to build something that could destroy a Joint Resolution 112 be printed in the boycott. Outraged white parents have filed whole city like magic. RECORD. 230 requests for pupil records as a prelim­ And the people in the land of the peace­ There being no objection, the items inary to placing their children in private lovers grew uneasy. They knew they were s<:hools. The principal of Bellhaven at this better than their neighbors whom they loved, were ordered to be printed in the RECORD, moment has no idea "if I can product my 280 but they did not trust them. They wondered as follows: whites." He won't know until Sept. 7. whether some of the neighbors they loved THE Bus ROUTE FROM EDUCATION TO MADNESS I do not identify the city or the prinCiPll-l; mlght be cousins of the evil men beyond (By James J. Kilpatrick) educators have been warned they may be in the sea. ROANOKE, VA.-8everal hundred principals, contempt of court if they publicly criticize Then one day there came a sorcerer to the supervisors, and others engaged in education busing. Those are not the true names of the castle, and told the King he could make a at the elementary school level met here a few two schools. But the story is absolutely true. vapor that the King's men could spread days ago for a conference on what ails them. It is entirely typical. Down in Austin, Tex., quietly among the evil men and kill them The delegates came from six southern states, the government has been demanding imposi­ all peacefully. whites and blacks alike, and for three days tion of a plan that would give each school And the King and h is courtiers were glad, they listened dutifully to a program built the same ethnic mix of the city at large- and they commanded the sorcerer to make around trade unionism and the new worry 64.5 percent white, 20.4 percent Chicano, and the vapor and put it in metal vessels ready of "accountability." 15.1 percent black. This is educ;ation? No. to be taken to the land of the evil men. These are important concerns. The union­ This is madness. And the years passed, and the evil men ization of publ1c school teachers has become made nasty remarks, but they did not try to a fact of educational life, and the principals, S. J. RES. 112 conquer the land of the peace-lovers. understandably, were eager to know all those Joint Resolution proposing an amnedmellt One day a courtier happily counting the things about contract negotiation they al­ to the Constitution of the United States vessels of deadly vapor, discovered one leak­ ways had been afraid to ask. The business of relating to open admissions to public ing. accountability embraces the growing demand schools • Then it was that the King and courtiers of parents for a kind of quality control in the Resolved by the Senate and House of Rep­ looked at each other. And the King's eyes resentatives of the United States of America lighted. Quoth he, "Verily, if the sourcer's classrooms: If Miss Jackson's third-grade pu­ pils fail to learn to read at third-grade levels, 1n Congress assembled (two-thirds of each vapor can kill the evil men peacefully, it fire Miss Jackson. House concurring therein) , That the follow­ can kill the happy people in the land of But ba<:k in their rooms, or over a drink ing article is proposed as an amendment to the peace-lovers too." the Constitution of the United States, to be They looked for the sourcerer so they could in the hotel pub, these deeply troubled pro­ feSSionals were not talking of militant un­ valid oniy if ratified by the legislatures of command him to make the deadly vapor three-fourths of the several States within harmless, but he did not know how. And ions or critical parents. They were talking of busing. A summer conference at a modestly seven years after the date of final passage of more of the vessels began to leak. this joint resolution: And there was panic among the courtiers. posh hotel ought to mean happy times. These So the King commanded that the vessels be were the saddest seSSions I ever sat In on. The term "busing" has come to mean a encased in concrete and put on a ship and LEASEHOLDER'S PLAN MERITS dumped into the sea. And they were. great deal more than the mere physical trans­ And the years passed. By and by the portation of pupils from Point A to Point B. SERIOUS STUDY cement cracked and the deadly vapor leaked In today's lexicon, it connotes such mea­ Mr. HANSEN. Mr. President, the out and the fishes of the sea died happily. sures as "pairing" and "clustering" and "clOSing," and by extension it takes in all the United States is fast becoming an energy And the vapors spread to the shores and the deficient nation and overly dependent on beasts &ond the birds died happily. Then the problems of discipline, white fiig~'lt, and vapors spread to the happy people, and they school-community relations that afflict foreign sow'ces for oil. died happily, and once again there was peace southern school systems today. Apparently few people realize tha;t we in the land of the peace-lovers. By way of example, consider two elemen­ are now importing more than one-fourth tary schools in a major southern city. One of of U.S. needs, some 3% million balTels them, Hyde Park, on the east side of town, a day of crude oil, residual and other re­ FORCED BUSING OF CHILDREN is located in a section of the city that has been wholly black' for 70 years. The other, fined or partly refined products. Mr. BROCK. Mr. President, in the last Bellhaven, on the west side, serves a neigh­ Nor do many realize that we no longer few months, particularly in the recent borhood once wholly white but now substan­ have the excess producing capacity in days which have brought the opening of tially mixed. Each of the schools has a capac­ the 'Cnited States including all offshore schools, I have received literally hun­ ity of 800 pupils. production te make up the difference in dreds of letters from parents and others Under court order, Hyde Park and Bef!­ demand and supply should any substan­ haven were paired for the 1970-71 school year. tial amount of oil imports be cut off as it who are dismayed to the point of des­ Roughly 160 white children were shipped pair by conditions brought on by the every day to Hyde Park, and roughly 120 well could be. differing degrees of forced busing of black children were shipped every day to The country faced an energy' crisis children for the avowed purpose of Bellhaven. All six grades were maintained at last winter during a tanker shortage and achieving some sort of mythical racial each school, and the situation created prob­ disruption of oil supplies from the Middle balance. lems that were "real but not intolerable." East and north Africa. A crisis was pre­ For the coming year, the schools are to be vented by concerted Government and in­ Each edition of the newspapers brings "split-paired." The local District Court has more distressing news of missed buses, decreed that all schools in the city system dustry action and the fact is that we still wrong buses boarded, more enrollment must be racially mixed, as nearly as may be have excess producing capaCity but not in private schools, dropouts, boycotts, practicable, in a ratio of 65 macks to 35 enough to match any substantial cut­ and even fam~ies .moving or sending whites. A part of the decree requires that back in imports. their children to stay with relatives to Hyde Park abolish its kindergarten, first, sec­ One of the oil deficient areas is the avoid the' undue hardship and physical ond and third grades; and that Bellhaven state of California. The west coast area and psychological damage from arbi­ abolish its fourth, fifth and sixth grades. The object is to place 520 blacks and 280 whites must import considerable oil from Can­ trary and capricious forced busing. All in each school. ada and other sources to meet its needs. this while the courts and other authori­ The principal of Bellhaven, who happened One of the most important sources of ties' act in direct-defiance of legislation to be telling me all this, is a plump fellow the west coast oil supply is from. offshore written into law by this body. in his early 50s; his face looks as if all the including the Santa Barbara Channel. It would seem that the only recourse happiness had been squeezed out. He has Since the unfortunate 1969 blowout open to the American people at this spent the past six weeks, since the school of a platform well in the channel, numer­ year ended, in these educational endeavors: point is to amend the Constitution, and He has moved all his school furniture for ous studies have been made, congres­ that is why I introduced Senate Joint fourth, fifth and sixth graders to Hyde sional hearings have been held; the con­ Resolution 112 on June 9. I believe such Park, and he has received like shipments in sensus now is that further drilling is an amendment would effectively protect return. He has worked with his librarian in necessary to relieve the pressure on oil the integrity of the neighborhood schools. purging the Bellhaven shelves of 2,200 books seeps in the area that were flowing long The Washington Star recently pub­ beyond the third-grade level and is swapping before any wells were drilled from the these with the Hyde Park collection for tiny offshore platforms. lished an article by James J. Kilpatrick tots. which points up the deep concern which Mostly he has been on the phone with par­ The U.S. Geological Sw-vey has, in fact, is shared by educators in this matter. I ents. His opposite number, 11 miles across recommended drilling from other plat­ ask unanimous consent that Mr. Kil­ town, has been equally engaged. Infuriated forms as the only feasible means of re­ patrick's remarks and the text of Senate blac~ parents are threatening violence and covering the oil and gas from the forma- September 20, 1971 CONGRESSIONAL RECORD - SENATE S 14593 If 'we had several hundred women In Con­ prints the news in a most unbiased fash­ The pollce state virus is infecting too many gress, not just a dozen, would we st111 have ion, but when he feels strongly about persons In this country. The humorous col­ men dying In Vietnam? I think not. But It umns about persons who are offended It any­ anyone disagrees, let's put it to the test. something, he tells his readers so, force­ one thinks they are not Important enough starting in 1972. fully and eloquently, in his editorials. to be included In the FBI or Army Intelli­ I have admired and respected my friend gence files, are no longer funny. Ed DeCourcy for many years, Mr. Presi­ Echoes of the pre-war Nazi or Communist COMPREHENSIVE CHILD dent, and I am proud to see that he has llfe, the middle of the night knock on the DEVELOPMENT received this honor. I ask unanimous con­ dissenter's door after which he was seen no sent to have printed in the RECORD the more, are growing louder. . Mr. MONDALE. Mr. President, during text of the two award-winning editorials. If we want America to continue to be the the recent Senate debate on S. 2007, I land of the free, all of us, State Legislators made several references to the impressive There being no objection, the editorials Included, must remember that there Is no coalition of over 20 orgariizations who were ordered to be printed in the RECORD, freedom for an:9'body unless there is freedom as follows: for all, and that the first freedom is freedom helped develop and shape the monumen­ of thought. tal child development provisions in that NONE OF THEIR BUSINESS The police state virus has infected some bill. Legislators who want State police to get THE SPECTATOR Through a clerical error, this list of names of those who attend Washington (By Edward DeCourcy) organizations was incomplete when it rallies. This Spectator, originally publtshed Aug. was printed in the CONGRESSIONAL Reprinted below is the Golden Quilt edi­ 13, 1970, is reprinted here because it was RECORD. torial of 1971, which originally appeared in judged by the International Confere"nce of The Argus-Champion on April 29, 1971. It Weekly Newspaper Editors as runner-up to In order to correct the RECORD, I shall was selected from more than 100,000 edi­ the Golden Quill edItorial, and both werp set forth below a complete list of the or­ torials in weekly newspapers throughout the written by the same editor. ganizations at this point in my remarks: English-speaking world. The original selec­ THE SORCERER AND THE PEACE-LOVERS Amalgamated Clothing Workers; AFL­ tion was made by the staff of the Interna­ tional Conference of Weekly Newspaper Once upon a time there dwelt a happy CIO; Americans for Democratic Action; people In the land of the peace-lovers. They Americans for Indian Opportunity Ac­ Editors, which sent some thousand 'editorials on to Dr. Clifton O. Lawhorne, chairman, were happy because they had no enemies. tion Council; Black Child Development Dept. of Journalism, Texas Christian Univer­ They had defeated them all in wars. They Institute; Committee for Community Af­ sity, who selected the winner and the top were happy because they loved their neigh­ fairs; Common Cause; Day Care and 12, known as The Golden Dozen. bor3, even though they knew they were Child Development Council of America; The names of New Hampshire residents better than their neighbors. who go to WaShington, D.C., to participate In They were happy because they had clean Friends Committee on National Legisla­ the Rev. Carl McIntyre's "Win the War" rally air and fresh water and quiet streets. They tion; Interstate Research Associates; in­ on May 8 are none of the business of the State were happy because most of them had plenty ternational Ladies Garment Workers Legislature or of the New Hampshire State to eat, and those who didn't didn't whine Union; League of Women Voters; Lead­ Police. about it. ership Conference on Civil Rights; Na­ Going to Washington, or Concord, or They were happy because they were well. tional Council of Churches; National Kellyville, or anywhere else to express an They were well because they could buy oint­ opinion is a fU!ldamental American right. ments and nostrums for any kind of ailment, Council of Negro Women; Natio'nal Edu­ It makes no difference what the opinion may along with lemon phosphates, at the local cation Association; National League of be. In Russia, Cuba or Spain anyone can ex­ drug store. They knew the ointments and" Cities and U.S. Conference of Mayors; press an opinion, provided It is the party nostrums would cure their ailments because Na~ional Organization of Women, Presi­ line, but he dissents at his peril. the manufacturers told them so. dent and Vice President for Legislation; But we are free. In the United States of Life was good In the land of the peace­ America the Constitution guarantees "the lovers. The earth was fertile. Crops flourished. National Welfare Rights Organization; right of the people peaceably to assemble, Herds multiplied. United Auto Workers; U.S. Catholic Con­ and to petition the Government for a redress The King ruled his people with tender ference, Family Life Division; and Wash­ of grievances." mercy because he loved them, and they loved. ington Research Project Action Council. It was no accident that that right was him, too. The King knew the people loved written into the B111 of Rights. The American him because his courtiers told him so. The people knew in 1789 what it meant to live happy people knew the King loved them be­ EDITORIAL OF THE YEAR FROM THE under despotism. They knew the terror of cause the courtiers told them so. ARGUS-CHAMPION life in a country where dissent was unlawful. And there was apple pie with vanilla ice They knew more. They knew that no govern­ cream. Mr. McINTYRE. Mr. President, it is ment could long endure unless the people One day a balladier went to the castle certainly a great honor for the editor of had the right to dissent. They knew that dif­ and sang a sad song for the King. It told a weekly newspaper to win the Golden ference of opinion, debated, argued, dis­ a dark tale of evil men beyond the sea, cussed, is the route to wise decisions, and who looked with envy on the land of the Quill Award for the best editorial of the wise decisions are essential if self-govern­ year. It is an honor because the editorial peace-lovers, men who plotted to conquer ment is to survive. them. is selected from among more than 100,000 So anyone in New Hampshire who wants to So the ·King clapped his hands and sum­ competing pieces from newspapers join the Rev Mr. McIntyre's demonstration in Washington on May 8 should be able to do moned his courtiers and he commanded the throughout the English-speaking world. balladier to sing his song again. And the It is a high honor, Mr. President, but I so without fear that his act w111 become an­ other entry In a State Police dOSSier. courtiers looked at one another, and they am not surprised to find that the 1971 were sore afraid. Yet the terrifying truth Is that 10 members editorial of the year was written by Ed­ of the New Hampshire House of Representa­ So they pondered how they should advise ward DeCourcy, editor and publisher of tives, the supreme law-making body of this the King, so he could stop the evil men the Argus-Champion of Newport, N.H. It state, tried last week to have the State Pollce from destroying the land of the peace-lovers. must have come as some surprise, how­ ordered to supply them a list of the New And the King listened. And they did build ever, when the judges discovered that the Hampshire residents who had participated In many big ships to guard their shores, and runnerup editorial was also written by the anti-war rally In WaShington last week. they built flying Ships, and they strung magic Edward DeCourcy. The request, of course, was absurd. New wires around their border that would tell Hampshire has a good State Police force, but when an enemy approached. And they built To the people of Newport and to thou­ not good enough to be able to find out who wagons and carts and put wheels on boats. sands of others across our State this among the quarter million Americans In And they made bigger and faster and faster award is long overdue recognition for a Washington for that anti-war rally was from and bigger guns. man who has never been afraid to ca11 New Hampshire. And still the King was afraid, because the them as he sees them. And aside from all that, the law enforce­ balladler came again, and his song told that ment agencies in this state have more than t:le evil men were doing even as the people Mr. President, the editor of the Chi­ they can efficiently handle right now, en­ in the land of the peace-lovers. So the King cago Times more than a century ago said forcing the laws of this state, preventing and summoned his alchemists and told them to of newspapers: solving crime. build something that could destroy a whole It's a newspaper's duty to print the news, But that Is not the point. The terrifying city ltke magic, and they did. and raise hell. aspect of the Incident in the Legislature Is And again the balladier came, and told that men In power in thi~ state want to use the King it was not enough because the evil I suspect that in the very best sense that power to stifie the opinions of persons men had captured: an alchemist and tor­ possible, that is Ed DeCourcy's goal. He whose opinions differ from theirs. tured him and he had told them also how MINNESOTA HISTORICAL SOCIETY

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