18522 CONGRESSIONAL RECORD—SENATE July 17, 2003 Dakota School of Medicine and Health Sherry Lafferty, Teresa Nold, Ellisa nity. He became known in the Detroit Sciences Center for Disabilities in Nyberg, Susan Parr, Mary Mikkelson community for his involvement with Vermillion, SD, which will hold its 30th Peterson, Cheryl Raysby-Park, Dennis the development of the International anniversary celebration on Wednesday, Stevens, Brittany Schmidt, Tracy Ste- Afro-American Museum, a precursor to July 30, 2003. phens, Kimberly Butler, Pam Ander- the current Charles H. Wright Museum Started in September 1973, as the De- son, Gregg Drube, Rolad Ellis, and Dan of African-American History. He served velopmental Disabilities Evaluation Korves. Finally, I would like to recog- as chairman of the board of directors of Center, the Center for Disabilities has nize the hard work of support staff the museum when it was dedicated in a long and distinguished history of pro- members: Jaime Larson, Kristen 1993. viding training, service, information, Blaschke, Jennifer Gaspars, Paula Eugene Gilmer provided lasting con- and research not only to South Da- Koller, LaVita Logue, Misty Miller, tributions to the City of Detroit, and kota, but to the entire region. My wife Jeanette Smolik, Elizabeth Fox, and his death will be mourned. I invite my Barbara served on the DDEC staff dur- Alana Richards. Senate colleagues to join me in remem- ing those initial years. Thirty years I am proud to have this opportunity bering the life of this commendable cit- later, the school continues to serve to honor the University of South Da- izen.∑ those needs of South Dakota through kota School of Medicine and Health current projects, such as the Autism Sciences Center for Disabilities for its f and Related Disorders Program, Birth 30 years of outstanding service. It is an HONORING THE LIFE OF CHESTER- to 3 Connections, Cheyenne River Res- honor for me to share with my col- FIELD SMITH OF MIAMI, FLOR- ervation Rural Health Outreach leagues the exemplary leadership and IDA Project, Deaf-Blind Program, Dietetic strong commitment to education and Internship, and the Upper Midwest research the University of South Da- ∑ Mr. NELSON of Florida. Mr. Presi- Public Health Training Center. The kota School of Medicine and Health dent, I rise today to express sadness at Center for Disabilities is also working Sciences Center for Disabilities has the passing of a legendary Floridian. with other States to provide service in provided. I strongly commend their Yesterday evening, Chesterfield Smith, projects such as the Four-State Con- years of hard work and dedication, and one of the Nation’s great attorneys, sortium on Studies in the Prevention I am very pleased that their substan- passed away in Coral Gables. of Fetal Alcohol Syndrome/Fetal Alco- tial efforts are being publicly honored Recognized by many as the con- hol Effect and the Upper Midwest Pub- and celebrated.∑ science of the legal profession, Chester- lic Health Training Center. f field’s accomplishments are almost too Over the last 30 years, the University numerous to count. A World War II of South Dakota School of Medicine THE PASSING OF EDUCATOR veteran, founder of one of the country’s and Health Sciences Center for Disabil- EUGENE GILMER most prestigious law firms and an ac- ities has provided quality services to ∑ Mr. LEVIN. Mr. President, I rise to complished litigator, he dedicated him- the people of South Dakota. Their goal, extend condolences to the family and self to his family and his country. which is to ‘‘work with others to create friends of the late Eugene Gilmer. Al- He is probably best known on the na- opportunities that improve the lives of though many of you did not know Mr. tional scene for his tenure as president persons with disabilities and those Gilmer personally, he was a long- of the American Bar Association dur- they consider their families,’’ has been standing member of the Detroit edu- ing the Watergate scandal. Following demonstrated through the citizens cation and political community, and the dismissal of special prosecutor Ar- with whom they have worked. Those his life touched many. chibald Cox, Chesterfield courageously ideals have also been carried out by the Eugene Gilmer’s distinguished career stood up to the President of the United students who have graduated and gone started overseas, where he served as a States, publicly calling on Congress to on to excel in their careers. member of the United States Army reestablish the Office of Special Pros- Not only has this center encouraged during World War II, part of which was ecutor. learning and research, but the Univer- in Okinawa. Following the war, he Smith’s brave and bold reminder that sity of South Dakota School of Medi- earned a Bachelor’s degree in political the ‘‘No man is above the law’’ altered cine and Health Sciences Center for science from Xavier University of Lou- the course of public debate during that Disabilities also strives to bring to- isiana. He then moved to Detroit where difficult time. gether communities. Indeed, one of the he earned a Master’s degree in edu- That bravery carried over to his pri- core functions of the center is commu- cation from Wayne State University. vate practice as well. Chesterfield be- nity education. The Center works to After earning his Master’s degree, he lieved in individual accomplishment provide training and assistance, not gained his first job as a teacher at and personal responsibility. A fierce only to individuals with disabilities Sampson Elementary School where, 6 civil rights advocate who opposed seg- and their families, but also to profes- years later, he was promoted to the po- regation in the Old South, he aggres- sionals, paraprofessionals, policy- sition of assistant principal. He later sively challenged the color barrier by makers, students, and any member of became principal of Fitzgerald Elemen- making his law firm a model of diver- the community who chooses to get in- tary School, where he is credited for sity. volved. making significant strides in improv- Chesterfield always led by example, I want to acknowledge Executive Di- ing the educational quality of that for- but also challenged others in his pro- rector Judy Struck, Director of Re- merly troubled school. He went on to fession to get involved. He encouraged search Amy Elliott, Director of Serv- become superintendent of personnel for his colleagues to ‘‘be somebody’’ in ices and Supports Matthew Hocks, Di- the Detroit Public Schools. When he their communities. His passion and rector of Community Education and retired from that position in 1985, he commitment to bettering our society Population Studies Roland concluded his tenure of 35 years in the influenced an entire generation of at- Loudenburg, Director of Information Detroit education system. torneys. and Resources Heather Stettnichs, and In his spare time, Eugene Gilmer Supreme Court Justice Ginsberg de- Director of Academic Training Joanne served as the first African-American scribed him perfectly when she said of Wounded Head for the guidance and chairman of the Fisher Branch YMCA, Chesterfield, ‘‘He has devoted his ex- support they provide to the Center and and he was active in the National Asso- traordinary talent and energy to the all who work with it. I would also like ciation for the Advancement of Colored improvement of the legal profession, to to take this opportunity to recognize People, the National Alliance of Black making the profession more honorable, the project and program staff at the School Educators, the Palmer Park Po- more responsive to the people law and Center: Missy Bailey, Mark Boyd, lice Community Relations Committee lawyers serve. She went on, ‘‘He is, in Stephanie Brown, Mary Fitzpatrick, and Kappa Alpha Psi, his social frater- sum, among the brightest, boldest,

VerDate Aug 31 2005 13:53 Dec 29, 2006 Jkt 019102 PO 00000 Frm 00074 Fmt 0685 Sfmt 0634 E:\BR03\S17JY3.002 S17JY3 cprice-sewell on PROD1PC66 with BOUND RECORD July 17, 2003 CONGRESSIONAL RECORD—SENATE 18523 bravest, all-around most effective law- on the Commission brought an end to the (The nominations received today are yers ever bred in Florida and the ‘‘Pork Chop Gang,’’ a group of powerful rural printed at the end of the Senate pro- USA.’’ Florida legislators who, for years, controlled ceedings.) the state government by malapportionment. I send my condolences to his family f and friends on this sad day. His death THE VOICE OF THE PEOPLE is a grievous loss to the entire country. Chesterfield Smith served as president of MESSAGE FROM THE HOUSE He will be greatly missed. the ABA during one of the most turbulent At 12:22 p.m., a message from the I ask that an obituary chronicling and unsettling years in American politics, House of Representatives, delivered by Mr. Smith’s life be printed in the 1973–1974. In the midst of the Watergate scan- Ms. Niland, one of its reading clerks, dal, Nixon and his advisors were convinced RECORD. that they could avoid handing over the Oval announced that the House has passed The obituary follows: Office tapes and fire special prosecutor Ar- the following bills, in which it requests CHESTERFIELD SMITH, INTERNATIONAL LAW chibald Cox without public backlash. It the concurrence of the Senate: FIRM FOUNDER AND OUTSPOKEN ABA PRESI- would take Smith’s words, ‘‘No man is above H.R. 74. An act to direct the Secretary of DENT DURING NIXON-ERA, DIES AT 85 the law’’, a large voice from a significant Agriculture to convey certain land in the SMITH’S ‘‘NO MAN IS ABOVE THE LAW’’ WAS source, to alter public discourse towards im- Lake Tahoe Basin Management Unit, Ne- TURNING POINT IN PUBLIC CALL TO INVES- peachment. vada, to the Secretary of the Interior, in TIGATE PRESIDENT NIXON Amid the Controversy, Smith publicly trust for the Washoe Indian Tribe of Nevada Chesterfield Smith, 85, of Miami, one of the urged Congress to re-estblish the office of and California. country’s most prominent figures in modern special prosecutor. Undaunted by wide criti- H.R. 272. An act to direct the Secretary of law and often called ‘‘the conscience of the cism, he led the ABA in an effort to author- Agriculture to convey certain land to Lander legal profession,’’ died today at Doctors Hos- ize an independent counsel to investigate County, Nevada, and the Secretary of the In- pital in Coral Gables, Florida. President Nixon. Another former leader of terior to convey certain land to Eureka Smith was the founder and chairman emer- the ABA, Leon Jaworski, was appointed. He County, Nevada, for continued use as ceme- itus of Holland & Knight LLP, the country’s vigorously prosecuted the case against teries. eighth largest law firm. During his 55 year Nixon, culminating in appeals to the Su- H.R. 1950. An act to establish the Millen- career, Smith was a major force in American preme Court. In the end, Nixon felt com- nium Challenge Account to provide in- law and politics, humbling the mightiest and pelled to resign. creased support for certain developing coun- giving a voice to the common. PROMOTING EQUAL JUSTICE FOR ALL tries; to authorize the expansion of the Peace Corps; to authorize appropriations for Smith served as president of the American Chesterfield Smith exhibited amazing clar- the Department of State for the fiscal years Bar Association (ABA) from 1973–1974 and ity in a complex era in the 1960’s. With this 2004 and 2005; to authorize appropriations was best known as the daring leader who clarity came the courage and ability to rec- under the Arms Export Control Act and the made the first public call to investigate ognize and embrace societal change. Uncon- Foreign Assistance Act of 1961 for security President Richard M. Nixon during the Wa- cerned about the contrary opinions of others, assistance for fiscal years 2004 and 2005; and tergate scandal. His simple and direct ra- he often spoke out against racial discrimina- for other purposes. tionale: ‘‘No man is above the law’’ appeared tion. And, despite growing up in the segrega- on the front page of major American news- H.R. 2122. An act to enhance research, de- tionist South Smith was one of the first to velopment, procurement, and use of bio- papers following the infamous Watergate recruit minorities. Under his leadership, Hol- ‘‘Saturday Night Massacre,’’ October 20, 1973. medical countermeasures to respond to pub- land & Knight became a model of diversity. lic health threats affecting national secu- AMERICA’S LAWYER Chesterfield Smith strongly believed in the rity, and for other purposes. In a country that is cynical and, at times, responsibility of individuals to take action even disdainful of lawyers, Chesterfield in the civic and charitable life of their com- The message also announced that the Smith maintained a positive vision of what munities. Today his firm is recognized for House has agreed to the following con- lawyers could be, using his own success as an community service efforts and extensive pro- current resolutions, in which it re- example. He believed that lawyers must have bono legal work. quests the concurrence of the Senate: In 2002, Supreme Court Justice Ruth Bader an ‘‘unselfish involvement in essential public H. Con. Res. 6. Concurrent resolution sup- service’’ and encouraged his colleagues to Ginsberg presented Smith with the Laurie D. Zelon Pro Bono Award in a formal ceremony porting the goals and ideals of Chronic Ob- ‘‘be somebody’’ in their communities. structive Pulmonary Disease Awareness The word restraint had no place in Smith’s conducted in the Great Hall of the United States Supreme Court. Month. life. Known for his candid and sometimes H. Con. Res. 80. Concurrent resolution ex- During the ceremony Ginsburg, praised his brutally honest speeches, he loved nothing pressing the sense of Congress relating to ef- life-long contributions to the legal profes- more than giving a rousing speech to stir up forts of the Peace Parks Foundation in the sion and his leadership in creating a firm audiences. Republic of South Africa to facilitate the es- dedicated to public service. ‘‘We are not a trade association. We are tablishment and development of ‘‘He has devoted his extraordinary talent not a union,’’ he once told a group of law stu- transfrontier conservation efforts in south- and enormous energy to the improvement of dents about the ABA. ‘‘We are out to im- ern Africa. the legal profession—to making the profes- prove justice and its administration of soci- H. Con. Res. 208. Concurrent resolution sion more honorable, more responsive to the ety. If you don’t intend to work to improve supporting National Men’s Health Week. the quality of justice, then I hope you flunk people law and lawyers serve’’ Ginsberg said. your exams.’’ ‘‘He is, in sum, among the brightest, boldest, f Smith grew up in Arcadia, a small town in bravest, all-around most effective lawyers MEASURES REFERRED central Florida. He fought in World War II ever bred in Florida and the USA.’’ from 1940–1945, earning a Bronze star. He He is survived by his wife of 16 years, Jac- The following bill was read the first graduated from the University of Florida queline Allee, and two children, Chesterfield and the second times by unanimous Law School in 1946. Jr. and daughter Rhoda Smith Kibler, both consent, and referred as indicated: After graduation, Smith returned to Arca- of Tallahassee, Florida.∑ H.R. 272. An act to direct the Secretary of dia and soon joined the firm of Treadwell and MESSAGES FROM THE PRESIDENT Agriculture to convey certain land to Lander Treadwell. A year and a half later, he joined County, Nevada, and the Secretary of the In- the firm of Holland, Bevis and McRae in Messages from the President of the terior to convey certain land to Eureka nearby Bartow. He made partner in record United States were communicated to County, Nevada, for continued use as ceme- time by capably representing Florida’s the Senate by Ms. Evans, one of this teries; to the Committee on Energy and Nat- booming phosphate industry. His law firm ural Resources. subsequently engineered a merger with the secretaries. prominent Tampa firm, Knight, Jones, f The following concurrent resolutions Whitaker and Germany in 1968. The new firm were read, and referred as indicated: became Holland & Knight, named for found- EXECUTIVE MESSAGES REFERRED H. Con. Res. 6. Concurrent resolution sup- ers of both firms, and became a dominant As in executive session the Presiding porting the goals and ideals of Chronic Ob- firm in Florida. Officer laid before the Senate messages structive Pulmonary Disease Awareness By 1965, Smith was fully immersed in the Month; to the Committee on Health, Edu- legal profession and state politics. He was from the President of the United cation, Labor, and Pensions. elected president of the Florida Bar and States submitting sundry nominations H. Con. Res. 80. Concurrent resolution ex- chairman of the Florida Constitutional Revi- which were referred to the appropriate pressing the sense of Congress relating to ef- sion Commission. In the late 1960’s, his work committees. forts of the Peace Parks Foundation in the

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