16078 CONGRESSIONAL RECORD- SENATE November 17 made an officer and was given men to The Chief Clerk called the roll, and command. We did not ask for quarter, SENATE the following Senators answered to nor did we give much. At that time, their names: WEDNESDAY, NovEMBER 17,1954 if we violated a rule, if we violated a Abel Fulbright Malone military concept, there was prompt re .. Anderson George Mansfield tribution. There was no time to do Ohio [Mr. BRICKER] own findings, there is no constitutional of its failings, be more and more an in is absent by leave of the Senate. warrant whatsoever for censure of the spiring and emancipating power for The junior Senator from Maryland junior Senator from Wisconsin, who worid security and stability amid . the [Mr. BEALL], the senior Senator from has violated no law or rule of the Senate, crucial conflict now raging in its mad Maryland [Mr. BuTLER], the Senator and who certainly has not been guilty fury around the world. We ask it in the from Oregon [Mr. CORDON], the Senator or charged with being guilty of dis name of the Prince of Peace. Amen. from Colorado [Mr. MILLIKIN], and the orderly behavior. junior Senator from Wisconsin [Mr. Mc MOVE TO TABLE CARTHY] are necessarily absent. Mr. President, if an· agreement can ·THE JOURNAL Mr. CLEMENTS. I announce that be had with the majority leader that the On request of Mr. THYE, and by unan .. the Senator from Delaware [Mr. FREAR] Senate might meet on Saturday morn.. imous consent, the reading of the Jour .. is absent on official business. ing next, at that time, whenever the nal of the proceedings of Tuesday, No The Senator from Oklahoma [Mr. senior Senator from Nevada can obtain vember 16, 1954, was dispensed with. KERR] is necessarily absent. the floor, he will move to table Senate The Senator from Tennessee [Mr. Resolution 301. If it is not possible to GoRE] and the Senator from Florida [Mr. reach an agreement to have the Senate SMATHERS] are absent by leave of the ALEXANDER HAMILTON BICENTEN Senate on official business. meet on Saturday morning, then at any NIAL COMMISSION time on Friday when the senior Senator The Senator from Massachusetts [Mr. from Nevada can obtain the floor, he The VICE PRESIDENT. The Chair KENNEDY] is absent by leave of the Sen will move to table Senate Resolution 301. appoints the Senator from New York ate because of illness. [Mr. IVES], the Senator from South Da .. The Senator from Oregon [Mr. MoRSE] kota [Mr. MuNDT], the Senator from is necessarily absent. RECESS TO 11 A.M. TOMORROW Virginia [Mr. BYRD], and the Senator The PRESIDING OFFICER (Mr. CoT Mr. KNOWLAND. Mr. President, from Missouri [Mr. HENNINGS] as mem .. TON in the chair) . A quorum is present. pursuant to the prior announcement, I bers on the part of the Senate of the Routine business is now in order. now move that the Senate stand in recess Alexander Hamilton Bicentennial Com until 11 o'clock tomorrow morning. mission, created by Public Law 601 of The motion was agreed to; and United States Senate? 1951, CONGRESSIONAL RECORD-· SENATE 16087 I am sorry I did not hear the unani:.. greater advocate of voting against cen Frankly, I simply do not appreciate mous-consent request made, because I sure th;:m I am. I have given my rea being singled out in the Senate today, would have asked my friend to let me sons why I am opposed to it. I hope when the able Senator from Ohio [Mr. have a few minutes to think and to de the able Senator from Idaho and other BRICKER], representing the Joint Com liberate about the matter. How, in heav Senators will not cause the Senator from mittee on· Atomic Energy, has left, and en's name, can we justify to the people Indiana to come to the conclusion that properly so; and when the able junior of America, not only to the friends of the he has made a mistake. Senator from Florida [Mr. SMATHERs] select committee but to the friends of Mr. WELKER. I do not care what and the able junior Senator from Ten the Senator who stands before the bar of decision the senior Senator from Indiana nessee [Mr. GoRE] were given unanimous the Senate, the fact that we have per may make. He must be guided by his consent to be absent on official business. mitted Senators to go to foreign lands? own best judgment. This is, as has been I, therefore, have asked unanimous It is true that they are to participate in stated, a judicial determination, one in consent to be absent, and I have given important conferenc-es; but what is more volving a censure resolution, the fourth my reasons for doing so. important to this Nation than preserving time in American history that such a I am for Senator McCARTHY. I think the dignity and the honor of the United thing has occurred. If the Senator from the world knows it. I have so stated. States Senate? Indiana desires to change his vote, I Yet I am criticized. · Perhaps my mind might be changed know him well enough to feel sure that .Mr. President, that is all I have to say. since the distinguished Senator from he will base it upon fundamental grounds Mr. WELKER. Mr. President, will the Utah [Mr. WATKINS] stated yesterday of Anglo-Saxon justice. distinguished Senator from Indiana re that each and every one of us should be Mr. CAPEHART. The Senator seems main in the Chamber for a moment? the sole judges of the law and of the to be criticizing me this morning because Mr. CAPEHART. I shall be glad to facts. I am trying to follow my best judgment. do s~ · I may say, Mr. President, that I agree The Senate ordered the Banking and Mr. WELKER. If I have criticized my wholeheartedly with the observations Currency Committee to make a study of friend the distinguished senior Senator made by the distinguished junior Sena the Export-Import Bank and world from Indiana, I humbly apologize. I tor from South Dakota [Mr. CASE], the trade. I accompanied the committee to have no better friend in this body. I distinguished junior Senator from Kan Latin America last year. We were gone know him to be a great American. sas [Mr. CARLSON], and the distinguished 55 days, we held 300 conferences, and I As the Presiding O:fficer knows, I have junior Senator from Mississippi [Mr. made a great number of speeches. We been trying to discuss the legal aspects STENNIS. Like all the other Senators, wrote an 800-page report, and we have of the resolution of censure without ran I have some legislative work to do. Since accumulated considerable knowledge on cor, bitterness, or unfairness toward the the date of adjournment I have been the particular subject. The meeting at select committee, and in fairness to Sen ordered, Mr. President, to take a task Rio de Janeiro was arranged months ago, ators who are not in favor of censuring force of the Internal Security Subcom and I was asked to accompany the Sec Senator McCARTHY. mittee of the Judiciary Committee to retary of the Treasury and the Secre Since this is a case, as the chairman the States of Texas, California, New tary of State many weeks before the of the select committee stated yesterday, Mexico, Arizona, Utah,, Idaho, Washing McCarthy proceedings arose. I made it in which Senators are the judges of the ton, and Oregon-for what purpose? a point, before I decided to accept the in facts and the law, it might be that when To investigate and report to the Senate vitation, to niake certain that I had a all the testimony has been offered, and and to the American people on the wide pair with the able Senator from Florida all the arguments have been concluded, open infiltration of th.e Mexican border [Mr. SMATHERS]. Should he be present, the Senators who have gone to foreign by those who would destroy our country. he would vote for censure. If I were lands might well have changed their I am here to see whether we can get present I would vote against censure. I mi.nds and opinions. through with this distasteful task, so desire to make that point. I sh'ould not But, Mr. President, I beg of my friend that I may then return to legislative leave here except on that basis. The the distinguished senior Senator from work. But certainly, from the bottom Senator from Florida agreed to it; I Indiana not to think that I would have of my heart, I do not approve of Sena agreed to it. Since it was felt that I criticized him. tors leaving this body when there is such had had some experience with matters Mr. CAPEHART. I appreciate the an important issue before it. After all, to be considered at the Rio conference, Senator's statement. These remarks we had due notice of this special Senate I thought I should accept the assign have been made in all good humor. session. Every Member of this body re ment. ceived his mileage to come here for one I tried to say earlier that there simply specific purpose. No rna tter how impor can never be a tinie in the Senate when ANNOUNCEMENT OF VISIT TO THE tant conferences with representatives of there is not other business for Senators SENATE BY THE VICE PRESIDENT foreign goverpments may be, certainly to attend to, besides being on the floor. OF INDIA they could be deferred. I am not un At least, that has been the case in the mindful, Mr. President, of the dangerous 10 years I have been a Member of the Mr. ·KNOWLAND. Mr. President, will conditions which exist in the world to Senate. the Senator from Idaho now yield? day, but I cannot see why a Senator When I said that I did not think the Mr. WELKER. I yield. should be called upon to leave such an censure resolution was important, I Mr. KNOWLAND. Mr. President, be important session as is this session. meant that it was not so important, in fore moving a recess, I desire to make It was said by my distinguished friend my mind, that if there were other o:fficial an announcement. from Indiana [Mr. CAPEHART]-! do not business elsewhere, and two Senators At 2 o'clock the Vice President of know whether this is his exact language, could attend to it and make a contribu- · India will be present in the Chamber. but it is my impression of it-that this tion, and could arrange a pair with each The President of the Senate has informed session did not appear to him to be so other, they could not leave the floor of me that at that time the Vice President important. But I believe.fi.rmly that had the Senate. That was my point. That of India will present to the Senate a the resolution been directed at the great is my point today. new gavel. I hope that all Senators, Senator from indiana he might very well I do not mind telling the Senate that on both sides of the aisle, may be able change his mind as to the importance of I have no desire to go. It will not be a. to return to the Senate Chamber prompt the issue-the judicial determination of junket, so far as I am concerned. I can ly at 2 o'clock. a legislative question, which has nothing assure Senators of that. I have been After a brief period of time, in which to do with a request, invitation, or direc there before. I have been almost every to permit the Vice President of India to tion of the Executive. where in the world. I have sufficient visit with the Senate, the debate on the Mr. CAPEHART, Mr. President, will funds with which to pay my own ex censure resolution will be resumed, with the Senator from Idaho yield? penses at any time I wish to go to any the understanding that the Senator Mr. WELKER. I yield. place in the world. So, whenever I shall from Idaho will continue to hold the Mr. CAPEHART. Mr. President, I go anywhere, representing the Govern floor. say with a big smile on my face and with ment, I shall go prepared to work, and Mr. WELKER. I thank the Senator good nature that there has been no I shall always work. from California. 16088 CONGRESSIONAL RECORD--SENATE November 17 RECESS UNTIL 2 O'CLOCK and took the place assigned him on the -interested in this experiment of democ Mr. KNOWLAND. Mr. President, I rostrum in front of the Vice President's racy will give us their utmost sympathy move that the Senate stand in recess desk. and good will in our attempts to develop until 2 o'clock this afternoon. The ·members of the party accompany a great democracy in India. The motion was agreed to; and (at 12 ing the Vice President of India included We realize that political freedom is not o'clock and 54 minutes p.m.) the Senate the Honorable G. L. Mehta, the Ambas an end in itself. It is a means to .social took a recess until 2 o'clock p. ·m. sador of India to the United States; and equality and economic justice. In the On the expiration of the recess, the the Honorable J. K. Atal. Minister of last letter which Jefferson ever wrote, he Senate reassembled, and was called to India to the United · States, who were said: order by the Vice President. seated in the diplomatiG gallery. The mass of mankind was not born with The VICE ·PRESIDENT. It is my ·Saddles on their backs, nor a favored few pleasure to present to the Members of booted and. spurred, ready to ride them CALL OF THE ROLL the Senate. and to. our guests. in the gal legitimately_by t}le grace of God. Mr. KNOWLAND. Mr. President, I leries one of the world's ·great scholars, The end of all governments is to give suggest the absence of a quorum. the presiding offic.er of our sister par a status of social -equality and provide The VICE PRESIDENT.. The Secre liamentary body, the Council of States .economic opportunity for the common tary will call the :roll. of India, the Vice President of India. people. We, in our country, are now en (Applause, Senators rising.) ~ The Chief Clerk called the roll, and gaged· in· the enterprise of effecting a 'the following ~enators answ~red to thefr Vice President RADHAKRISHNAN. social and ' eco·nomic revolution. The ,names: Mr. Vice President and Members of the word "revolution" need not scare us. It Senate, it- is a great honor to have an Abel Fulbright Malone does not mean barricades and blood Anderson George Mansfield opportunity to speak to the Members of shed. It me·ans only speedy and draStic Barrett Gillette Martin this world-famous assembly. I ·appre changes. We are interested not only Bennett Goldwater McClellan ciate it very much, and I am grateful to Bridges Green Monroney in our objectives, but in our methods; Brown Hayden Mundt you for giving me this privilege. not only in what we achieve, but in how Burke Hendrickson Murray As your Vice President just remarked, we achieve. Through peaceful, consti Bush Hennings Neely we have taken .quite a number of things Byrd Hickenlooper Pastore tutional processes we won our inde Capehart Hill Payne from your Constitution; and one of these pendence and integrated our country; Carlson Holland Potter is the obligation of the Vice President of and now we are striving to raise the ma Case Hruska Purtell India to preside over the Rajya Sabha, Chavez . Humphrey Robertson terial standards of our people. Even if Clements Ives Russell or the Council of States, corresponding these methods are slow and cumbrous, Cooper Jackson Saltonstall to your Senate. In fact, not only this one we hope they 'will be speedy and effectiv.e. Cotton Jenner Schoeppel thing was taken by us from your Con Crippa Johnson, Colo. Smith, Maine Even if we meet defeat in our attempt Daniel, S. C. Johnson, Tex. Smith, N.J. stitution, but quite a number of other to replace force by persuasion, the poli Daniel, Tex. Johnston, S. C. Sparkman things were taken by us from it. Among tics of power by the politics of brother Dirksen Kefauver Stennis them is our statement of objectives Douglas Kilgore Symington hood, we are convinced that the defeat Duff Know land Thye justice, freedom, equality, and fraternity. will be only temporary, for goodness is Dworshak Kuchel Watkins This statement echoes the ringing words rooted in the nature of things; kindness Eastland Langer Welker of Jefferson in. the Declaration of Inde Ellender Lehman Wiley and love ·are as contagious as unkind Ervin Lennon Williams pendence- ness and hate. Ferguson Long Young That all men are created equal, that they Magnuson Our past traditions and our recent Flanders are endowed by their Creator with certain history demonstrate that lasting results The VICE PRESIDENT. A quorum is . unalienable rights, that among these are life, liberty, and the pursuit of happiness. are achieved by peaceful methods. We present. must not cut .the knots with the sword, These are not mere phrases of propa but we must have the patience to untie . VISIT TO THE SENATE BY THE ganda, but they are products of a deep them. In this atomic age -we feel that HONORABLE . SA~VEPALLI RAD- . felt faith which have inspired millions, it is foolish, if not dangerous, to fall short both inside and outside the United States HAKRISHNAN, VICE PRESIDENT of America. of patience and a sense of proportion. No society is static; no law is unchang OF INDIA We, in India, became free in August ing; and no constitution is permanent. The VICE PRESIDENT. The Chair 1947. We remember with gratitude the Given time and patience, radical.changes has learned that a distinguished visitor, sympathy and the support we had from may happen both in human nature and the Vice President of India, is in the your Government and people during the in systems of society which reflect hu Capitol. If the majority leader would years of our struggle for independence. man nature. like to make a motion that the Senate When power was handed over to us, When my Government asked me to take· a recess, such a motion will be many persons felt, and so stated, that we present this gavel to you, Mr. Vice Pres entertained at this point. would not be able to hold together; that ident, I looked up some reference on Mr. KNOWLAND. Mr. President, I our civil service would break down; that the subject: The Freemason's Monitor move that the Senate now stand in with disorganization of the country, . of 1812 contains the following passage: · recess, subject to the call of the Chair, there would be no law and order, and no The common gavel is an instrument made so that it may receive a message from security of life and property. But these use of by operative masons to break .off ·the the Vice President of India. · doubts have now been dispelled. We corners of rough stones, the better to fit The VICE PRESIDENT. Before that have been able to hold the country to them for the builder's use; but we, as Free motion is put, the Chair will appoint gether. The civil service is working as · and Accepted Masons, are taught .to make the majority leader and the minority efficiently as it could. Law and order use of it for the more noble and glorious pur leader to escort the Vice President. of prevail. There is not a part of the coun- pose of divesting our minds and consciences , India from the office of the Vice Presi- try in which a writ of the Government of all the viCes. · dent to the rostrum of the Senate. does not run; and trav'elers from other The gavel is used by masons to chisel The question now is on agreeing to the countries come to our country and travel off round corners. To build a statue motion of the Senator from California. froni one place to another without any out of rough stone was the work of the The motion was agreed to; and Teapot Dome scandal, power, is running hither and thither, like That it is within the power of the House and President Lincoln was wrong when some tortured creature on a burning sur to punish its Members for disorderly behavior he, as a Representative from Illinois, face, finding no position on which it can and by two-thirds vote expel a Member. settle down and be at ease. impugned the motives of President Again it is a singular omission in this I ask my colleagues to remember my James K. Polk in starting the Mexican message, that it nowhere intimates when the argument yesterday about disorderly be· War. Please listen to these remarks of President expects the war to terminate. At havior. I want Senators, if they are sin· the then Representative from Illinois, its beginning, General Scott was, by this same cere and honest, and I am sure every A. Lincoln. I quote from the CoNGRES· President, driven into disfavor, if not dis Senator is sincere and honest, to read SIONAL GLOBE, Appendix, 30th Congress, grace, for intimating that peace could not 1st session, pages 93 to 95: be conquered in less than 3 or 4 months. what I said about the power to censure But now, at the end of about 20 months, or expel, under the wording of article I, I am now through the whole of the Presi during which time our arms have given us section 5, of the Constitution, which sets dent's evidence; and it is a singular fact, the most splendid successes-every depart forth that it must be for disorderly that if anyone should declare the President ment, and every part, land and water, officers behavior. sent the Army into the midst of a settlement and privates, Regulars and volunteers, doing I read further from the Precedents: of Mexican people, who had never submit all that men could do, and hundreds of ted by consent or by force to the authority things which it had ever before been thought The two methods of punishment of a Mem of Texas or of the United States, and that men could not do; after all this, this same ber under the practices of the House are by there, and thereby, the first blood of the war President gives us a long message without expulsion and censure. • • • was shed, there is not one word in all the showing us that, as to the end, he has him As a matter of sound policy, this extraordi President has said which would either admit self even an imaginary conception. As I nary prerogative of the House, in our judg or deny the declarat ion. In this strange have before said, he knows not where he is. ment, should be exercised only in extreme omission chiefly consists the deception of He is a bewildered, confounded, and miser cases and always with great caution and the President's evidence-an omission which, ably perplexed man. God grant he may be after due circumspection, and should be in it does seem to me, could scarcely have oc able to show there is not something about voked with greater caution where the acts curred but by design. My way of living his conscience more painful than all his complained of had become public previous leads me to be about the courts of justice; mental perplexity. to and were generally known at the time of and there I have sometimes seen a good law the Member's election. To· exercise such yer, struggling for his client's neck, in a Was Representative A. Lincoln cen· power in that instance the House might desperate case, employing every artifice to sured or otherwise punished for impugn· abuse its high prerogative, and in our opin work around, befog, and cover up with many ing the motives of the President? The ion might exceed the just limitations of its words some position pressed upon him by the records of the House fail to show that constitutional authority, by seeking to sub prosecution, which he dared not admit, and stitute its own standards and ideals for the yet could not deny. Party bias may help he was. standards and ideals of the constituency of to make it appear so; but, with all the al Mr. CASE. Mr. President, will the the Member who had deliberately chosen lowance I can make for such bias, it still Senator from Idaho yield for a question? him to be their Representative. The effect does appear to me that just such, and from The PRESIDING OFFICER. Does of such a policy would tend not to preserve just such necessity, is the President's strug the Senator from Idaho yield to the Sen but to undermine and destroy representative gles in this case. ator from South Dakota? government. Mr. President, again let me admonish Mr. WELKER. I prefer not to yield In conjunction with the above opinion, my friends, the Members of the Senate, now; if the Senator from South Dakota it is well to observe that the Senate who are the judges in this case, that at will permit me to do so, I wish to con itself accepted the junior Senator from that time the American Republic was clude my statement this afternoon. Wisconsin at the time he was sworn in engaged in war, and those remarks were Mr. CASE. My question will be a very following his reelection in 1952. No ob· made by a then Member of the House of brief one. jection was raised 'to his being sworn ~n Representatives, the great and immortal Mr. WELKER. Very well; I yield. as a Member. Since that time he was emancipator, Abraham Lincoln. They Mr. CASE. , Was that speech delivered elected chairman of the Committee on are harsh words about the highest offi· in the House of Representatives? Government Operations, and twice ap· cial in the United States. Remember, Mr. WELKER. It was. propriations were made by the Senate Mr. President, as I have said before, Mr. CASE. Has the Senator from for expenses of the subcommittee of that they were uttered at the time when Idaho taken note of the fact that one of which he is also chairman. the war with Mexico was in progress. the categories under which the select To consider charges of misconduct But, without reading the entire long ·committee eliminated some of the made before the election, before his sec· speech of Representative A. Lincoln, let charges against Senator McCARTHY was ond oath of office as a Senator, and be· ·me read his two concluding paragraphs: that if we were to propose any recom fore the voting of appropriations for his As to the mode of terminating the war -mendations on those counts, that would committees, is a poor and dangerous pol and securing peace, the President is equally unduly limit the free speech which is icy, to say the least. In fact, it is in· wandering and indefinite. First, it is to be guaranteed Members of Congress for credible that it should be done. done by a more vigorous prosecution of the what they say on the floor? 16092 CONGRESSIONAL ~CORD- SENATE November 17 Mr. .WELKER. I would answer my dis As the Senator well knows, when a Quoting further from the platform: .tinguished friend and co]Jeague from Senator gets out of boun~s in the course It raised the false cry of "red herring" and South Dakota by saying that I believe I of debate, he is supposed to be taken off took other measures to block and discredit ·have taken note of every one of the select the floor under Se~te rule XIX, sub investigations. committee's orders and moves. I believe section 2. That is the statement of the Repub ·the Senator from South Dakota will ad Let me proceed. As I previously stated, lican Party, to which I and the junior .mit that, as a matter of law, I differ the records of the House fail to show Senator fr:om Wisconsin belong, and to with the conclusions reached by the that Representative A. Lincoln was which every Senator on this side of the select committee. censured. aisle belongs. I ask Senators, who are Mr. CASE. The Senator may disagree I am just informed that that speech the judges in this case, to follow me very in certain respects; but he is not in dis was made in a committee hearing. I did carefully. agreement with the select committee so not do the research on that point. I It denied files and information to Con far as concerns basing censure upon any found the language, and I think, in ac gress. statement by any Member of the Senate, cordance with sound reasoning, that the including the junior Senator from Wis same penalty should apply with respect Let me repeat that statement, Mr. consin, in which his personal opinion is to language uttered in a committee hear President. voiced on the floor of the Senate. ing as with respect to language uttered It denied files and information to Congress. Mr. WELKER. Very well. I believe on the floor of the House of Repre It set up boards of its own to keep informa that without a doubt the select commit sentatives. However, I wish to be factual. tion secret and to deal lightly with security tee and the judges seated here would I shall conduct further research. Re risks and persons of doubtful loyalty. It conclude that it all runs together. As a 'only undertook prosecution of the most no gardless of whether or not the language torious Communists after public opinion matter of fact--and I hope I will not be was used on the floor of the House of forced action. interrupted further-it was suggested Representative or in a committee hear yesterday on the floor of the Senate that ing, the same logic and reasoning should Digressing again, let me say that I do a new allegation be made against the apply. Yet although Representative A. not believe there is a group of men any junior Senator from Wisconsin, affecting Lincoln was not subjected to a resolu where in the world who are more pa freedom of speech upon the floor of the tion of censure, we are asked to punish triotic and finer Americans than the United States Senate. How can the Sen a Senator for questioning the motives men who sit in this body, of which I am ator justify that? of a committee which floundered for 2 honored to be a Member. Mr. CASE. Does the Senator wish me years through resignations of staff law I have read the excerpt from theRe to answer that question? yers and resignations of committee mem publican Party's platform of 1952 be The PRESIDING OFFICER. Does the bers who resigned so as not to be in cause the Republican Party, the party Senator from Idaho yield to the Senator volved in questionable, political motives. of the man against whom the censure from South Dakota? I am exhibit A in that connection. It resolution is directed, made some very Mr. WELKER. I yield. is absurd, Mr. President, and contrary strong accusations against the opposite Mr. CASE. It is the feeling of the to our whole theory of government, to political party. Whom did the Republi junior Senator from South Dakota that claim that a Senator of the United States can Party accuse? It accused the Exec the remarks made upon the floor of the may not question the motives of a com utive. Senate, with respect to which there was mittee of the Senate or of its individual If I am correct in my understanding, some discussion yesterday, do not meet members. I believe the military establishment the two elements of the censure recom The public at large and the press comes under the executive department. mendation in count No. 1. Count No. 1 throughout the country question the mo Certainly it is not in the judicial or legis suggests that the two things, the failure tives of the various committees of Con lative branches of the Government. to help the Subcommittee on Privileges gress and the individual members there The platform continues: and Elections in carrying out the duty of. Has a Senator of the United States, The result of these policies is needless imposed upon it, and, instead, the use of sacrifice of American lives, a crushing cost in abusive language, tended to obstruct the who is answerable to his electorate, a dollars for defense. constitutional processes of the Senate, lesser right? Must he remain silent that is, tended to prevent that committee when in his honest opinion _a committee And so on.·I shall not read all of it. from doing the job assigned to it. is doing wrong? That is what the select Did the junior Senator from Wiscon Mr. WELKER. Mr. President, I am committee would have us believe. If sin have a reason for investigating the not talking about count No. 1. I am that committee is right the condition of executive branch of the Government? talking about count 3. a citizen is perilous indeed. I assume it can be argued that it was The PRESIDING OFFICER. The perfectly all right for the Democrats to Mr. President, I come now to the Re cover up what was in the files, to speak Senator from Idaho has the floor. He publican platform, adopted in 1952 at has yielded for a question. of a red herring, and so forth, but when Chicago. The preamble-and this is the investigation got under way in a Mr. CASE. I am saying, in response true of the preamble which precedes to a question, that the suggestion of Republican Congress that was a horse of every platform of every political party another color. the Senator from Utah [Mr. BENNETT] contains sweet-sounding words. The does not embrace the first element, and I appeal to the judges here to try this closing portion thereof contains equally case upon the law and upon the facts. I do not think it is on all fours with sweet-sounding words and promises. count No.1. I come now to the so-called very con I invite the attention of Senators to So far as I am concerned-and I speak troversial-but in my opinion not so con only for myself-while I regret and de page 7 of that platform, where the fol troversial as many believe-interrogation plore the language, I do not think that lowing language is found: of Brigadier General Zwicker. in order to be consistent, one must justify By the administration's appeasement of At the outset let me say that I respect the proposal to introduce a new count. communism at home and abroad, it has per all men in the uniform, who have dedi Personally I think it lacks one of the two mitted Communists and their fellow travel cated their lives to their country, elements involved in count No. 1, that is, ers to serve in many key agencies and to whether they be five-star generals or the failure to cooperate. The junior infiltrate our American life. When such in buck privates in the rear ranks. I be Senator from Wisconsin cooperated with filtration became notorious through the lieve they are to be commended. I do our committee. revelations of Republicans in Congress, the not see why there should be any dif executive department stubbornly refused to ference in the cross-examination of a Mr. WELKER. I certainly appreciate deal with it openly and vigorously.' the remarks of my distinguished col brigadier general and the cross-exam league from South Dakota. I do not wish To whom is reference made? TheRe ination of a humble private in the Army. to go further with respect to the proposed publican Party, to which the junior Sen CROSS-EXAMINATION OF GENERAL ZWICKER third count. I brought up that point ator from Wisconsin belongs, stated that The second· cause for which the select merely to answer the allegations with the executive department stubbornly re committee would have us punish the respect to freedom of speech on the floor fused to deal with it openly and vigor Senator from Wisconsin is based upon of the Senate. ously. what the committee calls reprehensible 1954 CONGRESSIONAL RECORD- SENATE '16093 conduct toward General Zwicker. That the Army. I invite ·the learned judges They are rare, indeed. If any Senators word ''reprehensible" has an ominous seated here before me to read that letter. wish a little test of what it means to sound. It carries implications of great Then the Denver Post, allegedly quot- cross-examine hostile witnesses, let them evil-but it is defined simply as "culpa ing the distinguished Senator from Colo- ask the distinguished Senator who is ble/' "censurable," and "blamable.'' I am rado, indicated a complete shift of the seated at my right, the able Senator from of the opinion that the select commit wind, and, in my opinion, it would have Indiana [Mr. JENNER], who is chairman tee searched long and hard for a word legally disqualified the Senator from of the Subcommittee on Internal Secu- of such impressive implication that . Colorado from hearing either side of the rity of the Committee on the Judiciary, merely meant censurable. I am con controversy. In other words, it is my or other Senators whose obligation it is strained to believe that, consciously or opinion that the proponents of Senate · to the American people, not to ourselves, unconsciously, the language used by the Resolution 301, and the junior Senator to try to save this country from that select committee throughout its report from Wisconsin, could well have dis- ideology which would destroy our free is far more defamatory than was neces qualified the Senator from Colorado. dom and, first of all, destroy this august sary. Let us be realistic. It is said that a body. They have ''taken it between the The cross-examination of General person once having formed an opinion, eyes'' far more than they have ever Zwicker provides the basis for this charge once having expressed ·an opinion, espe- "dished it out." Sometimes I am called of reprehensible conduct. I have before cially in a large newspaper in a State in a pretty rough individual, but I have at me the entire cross-examination of Gen · which he resides and to which he has times had to put down the fiaps when it eral Zwicker. It was originally printed brought honor and glory-a State in came to certain cross-examination which as part of the committee hearing, Feb which he is campaigning for the highest it was my duty to pursue. ruary 18, 1954, by the Investigations office in the gift of the State-once hav- Mr. President, I now wish to invite Subcommittee of the Committee on Gov ing made such a public statement, may, attention to the record of the hearings, ernment Operations on the subject of in qonesty and justice, remove from his and I will at this time comment on the Communist Infiltration in the Army, mind the opinion he once had, set it cross-examination of General Zwicker. pages 145-157. It is reprinted on pages aside, and clothe the defendant with the I shall use the original hearing because 70-79 in the hearings on Senate Resolu .spotless white robes of innocence which the print is larger. Even though the tion 301. the lowest kind of a criminal possesses paging differs, the testimony should not Mr. President, I interrogated my in the eyes of the criminal law. Mr. be hard to follow. friends on the select committee at rather President, that is simply impossible to do. Last night or early this morning, when great length. Many of them served as I think, in all fairness, whether it be the ·I could not sleep and was thinking of judges or as lawyers before they became junior Senator from Wisconsin, the Sen- my duty to my country and to the Sen Senators. No doubt Senators followed ator from Indiana [Mr. JENNER], the ate, I questioned how many Senators- my interrogation of them. I asked them Senator from California [Mr. KNow- . these judges who are to try the law and if they had ever seen 2 cross-examiners LAND], the Senator from Virginia [Mr. the facts-had ever read the full report who cross-examined in exactly the same BYRD], or myself, the committee selected which was submitted to the select com fashion, or any 2 lawyers who conducted to make findings and recommendations mittee. themselves in exactly the same way, or should be composed of those who have I now read from the testimony of Brig. any 2 witnesses who were alike in their never formed or expressed an opinion. Gen. Ralph W. Zwicker, United States deportment, or any 2 Senators who were The Senator from Colorado, after hav- Army, who was accompanied by Capt. exactly alike. What a wonderful world ing formed and given to the public press W. J. Woodward, Medical Corps, United it would be if we could all be alike, that opinion, released to the press a let- states Army. emblems of innocence, and the finest ter showing reasons why the defendant, The oath was administered, and Gen- people in the world, respected by every as I may call the junior Senator from eral Zwicker said, ''I do." one in all walks of life. Wisconsin in this case, was hated and Reading further: The select committee reported that it detested by everyone high in the councils Before we start there is no need for a found General Zwicker was not inten on the opposite side of the aisle. He medical officer to be in here. tionally irritating, evasive, or arrogant. went on to say that the leaders had been The CHAIRMAN. That is o. K. distressed by certain speeches made by Mr. CoHN. A man who is his own lawyer The intent of the general is not an issue, the junior Senator from Wisconsin. has a fool for a client, and it is the same the fact remains that if he was irritating, That, to me, Mr. President, did not thing with a man who tries to be his own evasive, and arrogant, such an attitude show an absence of the bias in the mind doctor. would naturally cause a cross-examiner of the Senator from Colorado. It General, could we have your full name? to become more persistent, more vig General ZWICKER. Ralph w. Zwicker. showed to me, at least, as one of the Mr. CoHN. General, to ,see if we can save orous, and even short of temper. Any judges, that he had a bias. a little time here, isn't the situation this- trial lawyer who has ever been in court I shall not discuss bias or prejudice any by the way, you have been commanding om knows that to be so. Any judge knows further. It has been discussed. It is a cer at Kilmer since when? it. With respect to my distinguished question of fact as well as of law for the General ZwicKER. Since the middle of July friend, the senior Senator from Colorado jurors seated before me today. last year. [Mr. JoHNSON], I wish to say it is my Mr. CoHN. Has the Peress case come to I read into the RECORD the other day, your attention since that time? I am not opinion, and it always will be, that in a Mr. President, the oath of an attorney asking questions about it. court of law he would be disqualified and the oath of a judge, containing the General ZWicKER. Yes. from service in a case like the one before principles which we so highly prize. Mr. CoHN. It has come to your attention the Senate. I have all the respect and We all know that a cooperative wit- and you have a familiarity with that case? admiration in the world for him, but in ness is always handled graciously and General ZwiCKER. Yes. a court of justice, the least a defendant politely, whereas one who is uncoopera- Mr. COHN. Now, General, would you like could do would be to file an affidavit of tive, hostile, and evasive brings upon to be able to tell us exactly what happened prejudice against him, and he would be himself cross-examination of a severe in that case, and what steps you took and asked to step down. In the quarter of and persistent nature. The hostile wit- others took down at Kilmer to take action ·a century in which I have practiced law ness always knows what to expect, and against Peress a long time before action was finally forced by the committee? I have never had occasion to file an even invites harsh cross-examination. General ZWICKER. That is a toughie. affidavit of prejudice. All I had to do Sometimes he even tantalizes the cross was to go to the court, present the issue, examiner in order to cause him to lose It is my sincere opinion that at that whether of law or of fact, discuss it, and his temper. point a cross-examiner would have say, "I believe you could not give us a As I have said, Mr. President, no two wondered why such an answer was fair and impartial trial." cross-examiners are alike. In the prac made--"that is a toughie." I believe a Mr. President, the letter which I read tice of law there iS nothing so difficult good cross-examiner would then have into the RECORD a · few days ago shows as that which is called the art of cross been alerted to something. I continue that prior to the hearings the senior examination. In fact, the counselors to read: Senator from Colorado was, in fact, and advocates here present know that Mr. CoHN. All I am asking you now is if prejudiced against General Zwicker and there are very few good cross-examiners. you could, if you were at liberty to do so, 16094' CONGRESSIONAL RECORD- SENATE November 17 would you like to be in a position to tell us before the select committee.. I resume timony of Mr. Harding, who testified, that story? reading: under oath, that seated within 12 or 14 General ZWICKER. Well, may I say that i! inches of General Zwicker, he heard the I were in a positi0n to do so, I would be per• The CHAIRMAN. Didn't you read the news? fectly glad to give the committee any infor• General ZWICKER. I read the news releases. General call the chairman, the Senator mation that they desired. The CHAIRMAN. And the news releases were who is .on trial before the Senate, an Mr. CoHN. You certainly feel that that to the effect that he had refused to tell s. o. b. Let us no ~t forget the testimony information would not reflect unfavorably whether he was a Communist, and that there General Lawton gave as to his con on you; is that correct? was evidence that he had attended Commu clusion that General Zwicker was an General ZWICKER. Definitely not. nist leadership schools. It was on all the wire-service stories, was it not? You knew tagonistic toward the McCarthy com Mr. CoHN. And would not reflect unfavor mittee. ably on a number of other people at Kilmer generally what he was here for, did you not? and the First Army? General ZwicKER. Yes; indeed. I now resume reading from the tes General ZwiCKER. Definitely not. The CHAIRMAN. And you knew generally timony: that he had refused to tell whether he was The CHAmMAN. Do you mean that you did Mr. President, would it not be logical a Communist, did you not? not have enough interest in the case; Gen for a cross-examiner to ask upon whom General ZWICKER. I don't recall whether eral, the case of this major who was in your it would reflect unfavorably? he refused to tell whether he was a Com command, to get some idea of what ques Continuing, I read: munist. tions he had refused to answer? Is that The CHAmMAN. It would reflect unfavor Mr. President, I do not believe a lawyer correct? ably upon some of:them, of course? or a judge within the sound of my voice, General ZWICKER. I think that is not put General ZWICKER. That I can't answer, sir. ting it quite right, Mr. Chairman. who has ever cross-examined one witness, The CHAIRMAN. You put it right, then. I don't know. could help but conclude that that answer The CHAmMAN. Well, you know that some General ZWICKER. I have great interest in body has kept this man on, knowing he was was evasive and was contrary to the testi all of the officers of my command, with a Communist, do you not? mony given on page 152 of the hearings, whatever they do. General ZWICKER. No, sir. regardless of the findings of the select The CHAIRMAN. Let's stick to fifth-amend The CHAmMAN. You know that somebody committee. ment Communists, now. Let's stick to him. has kept him on knowing that he has re I return to the testimony in the You told us you read the press releases. fused to tell whether he was a Communist, hearings: General ZWICKER. I did. do you not? The CHAIRMAN. But now you indicate that General ZWICKER. I am afraid that would The CHAIRMAN. Are you the commanding you did not know that he refused to tell come under the category of the Executive officer there? about his Communist activities. Is that order• . Mr. Chairman. General ZWICKER. I am the commanding correct? general. General ZWICKER. I know that he refused I digress to ask my Democratic friends, The CHAmMAN. When an officer appears be to answer questions for the co~mittee. How does that size up with the platform fore a committee and refuses to answer, of the Republican convention, which r · would you not read that story rather care Once again, Mr. President, I wish to fully? say it is my conclusion in the argument have heretofore read? I continue to General ZWICKER. I read the press releases. quote from the record: before this body that that is hedging and I challenge Senators to find a press re evasive. I do not care how presentable The CHAmMAN. What? General Zwicker was as a witness when General ZWICKER. I am afraid an answer lease which did not show that Major to that question would come under thecate Peress had refused to tell the committee he appeared before the· select committee. gory of the Presidential Executive order. whether he had ever been a Communist. I am talking about the interrogation The CHAffiMAN. You will be ordered to I resume reading from the testimony: which resulted in bringing the junior answer the question. Senator from Wisconsin before the bar General ZWICKER. Would you repeat the The CHAmMAJ::l. Th,en •. General, you knew, · of justice in the Senate because of his question, please? did you not, that he appeared "before the cross-examination of General Zwicker. Mr. CoHN. Read it to the general. committee and refused, on the grounds of the (The question referred to was read by the fifth amendment, to tell about all of his The CHAmMAN. Did you know that here reporter.) Communist activities? You knew that, did fused to answer questions about his Com General ZWICKER. I respectfully decline to you not? munist activities? answer, Mr. Chairman, on the grounds of General ZWICKER. I knew everything that General ZWICKER. Specifically, I don't be the directive, Presidential directive, which, was in the press. lieve so. in my interpretation, will not permit me to In my opinion, as a cross-examiner In my opinion, Mr. President, that is answer that question. contrary to the testimony appearing on The CHAmMAN. You know that somebody that answer was evasive and not re~ signed or authorized an honor·able discharge sponsive. I continue to read: page 152 of the hearings. for this man, knowing that he was a fifth The CHAIRMAN. Don't be coy with me, I resume reading from the transcript: amendment Communist, do you not? General. The CHAIRMAN. Did you have any idea? General ZWICKER. I know that an honor General ZWICKER. I a.m not being coy, sir. General ZwiCKER. Of course I had an idea. able discharge was signed for the man. The CHAIRMAN. Did you have that general The CHAmMAN. What do you think he was picture? · called down here for? Mr. President, how many counselors General ZWICKER. I believe I remember present in the Chamber, sitting as judges reading in the paper that he had taken refuge I ask my colleagues to listen to this: of law and fact, would say that that an in the fifth amendment to avoid answering General ZWICKER. For that specific pur swer was resp,onsive? It was certainly questions before t he committee. pose. The CHAIRMAN. Then you knew that those not responsive. General Zwicker com How does that jibe with the testimony pletely omitted the fact that Major were the questions he was asked, did you heretofore read to Senators, who are not? General, let's try and be truthful. I Peress had been given an honorable dis sitting as judges? Now the witness am going to keep you here as long as you charge, knowing that he was a fifth seems to be refreshing his memory. He keep hedging and hemming. amendment Communist. I continue: is getting on the track again. I resume General ZWICKER. I am not hedging. The CHAIRMAN. The day the honorable reading: The CHAIRMAN. Or hawing. discharge was signed, were you aware of the General ZwrcKE~. I am not hawing, and I fact that he had appeared before our com The CHAmMAN. About communism? don't like to have anyone impugn my hon mittee? General ZWICKER. I am not too certain esty, which you just about did. General ZWICKER. I was. about that. The CHAmMAN. Either your honesty or The CHAmMAN. And had refused to answer Certainly that was rather evasive. your intelligence; I can't help impugning certain questions? one or the other, when you tell us that a From a reading of the cold black type major in your command who was known to General ZWICKER. No, sir, not specifically never having seen General Zwicker ir{ you to have been before a Senate commit on answering any questions. I knew that my life, I should say, as a cross-examiner tee, and of whom you read the press re he had appeared before your committee. that the general was evading, hiding: leases very carefully-to now have you sit I invite the attention of the judges be and hedging, with all due respect to the here and tell us that you did not know fore me-their excellencies-to page 152 findings of the select committee that whether he refused -to answer questions about Communist activities. I had seen all of the hearings. I ask them to read the he was not an evasive witness. the press releases, and they all dealt with testimony on that page and see whether Before I return to the text of the tes that. So when you do that, General, if you it is not contrary to the testimony given timony, let us not forget the sworn tes- will pardon me, I cannot help but qu estion 19_51, CONGRESSIQNAL RECORD- SENATE 16095 either your honesty. or your i1:1;telligence, one it seems to me that General Zwicker ter-could you then have taken steps to pre or the other. I want to be frank with you could have ended the entire controversy vent his discharge, or would he have auto on that. at that time, without trying to pro· rna tic ally been discharged? Now, is it your testimony now that at the General ZWICKER. I would have definitely time.yo.u read the stories about Major Peress,. long it. taken steps to prevent discharge. that you did not know that he had refused · Now I shall resume reading from the The CHAIRMAN. In other words, if you to answer questions before this committee transcript, although I wish more of the found that he was guilty of improper con about his Communist activities? judges, the Members of the Senate, were duct, conduct unbecoming an officer, we will General ZWICKER. I am sure I had that present at this time. A number of th~m say, then you would not have allowed the impression. seem to be out of the Chamber, for the honorable discharge to go through; would purpose of attending meetings. you? That, Mr. President, in my opinion, is General ZWicKER. If it were outside the contrary to the testimony which appears At that point in the hearing, the chair· directive of this order? on page 152. man was asking whether General The CHA.IRMAN. Well, yes; let us say it was I continue to read from the tran Zwicker had taken any steps to have outside the directive. script: Major Peress retained in the Army until General ZwiCKER. Then I certainly would the Secretary decided whether Major never have discharged him until that part The CHAIRMAN. Did you also read the of the case- stories about my letter to Secretary of the Peress should be court-martialed. Gen· eral Zwicker's answer was, "No, sir." The CHAIRMAN. Let us say he went out Army Stevens in which I requested or, and stole $50 the night before. rather, suggested that this man be court I now read further from the tran· General ZWICKER. He wouldn't have been martialed. and that anyone that protected script: discharged. him or covered up for him be court-mar The CHAIRMAN. Did it OCCur to you that The CHAIRMAN. Do you think stealing $50 tialed? you should? is more serious than being a traitor to the neneral ZWICKER. Yes, sir. General ZWICKER. No, sir. country as part of the Communist con The CHAIRMAN. At least, it appeared be The CHAIRMAN. Could you have taken such spiracy? fore he got his honorable discharge? steps? General ZWICKER. That, sir, was not my de General ZWICKER. I don't know that this General ZWICKER. No, sir. cision. was true, either, sir. The CHAIRMAN. In other words, there is The CHAIRMAN. You said if you learned The CHAIRMAN. In any event, you saw it not~ing you could have done; is that your that he stole $50, you would have prevented in a current paper, did you? statement? his discharge. You did learn something General ZWICKER. I did. General ZwicKER. That is my opinion. much more serious than that. You learned The CHAIRMAN. You did not see the story. that he had refused to tell whether he was a later. So that at the time he was dis Of course, Mr. President, any lawyer Communist. You learned that the chairman charged, were you then aware of the fact knows that answer should have been of a Senate committee suggested he be that I had suggested a court-martial for him stricken from the record because it was court-martialed. And you say if he had and for whoever got him special considera a conclusion of the witness, and should stolen $50 he would not have gotten the tion? not have been put in evidence. honorable discharge. But merely being a General ZWICKER. If the time jibes, I was. At that point, Mr. Rainville, who was part of the Communist conspiracy, and the The CHAIRMAN. Were you aware that he chairman of the committee asking that he be was being given a discharge on February 2? associated with the Senator from Illinois court-martialed, would not give you grounds In other words, the day he was discharged, [Mr. DIRKSEN], I believe, entered the in for holding up his discharge. Is that were you aware of it? terrogation, and said: · correct? General ZwicKER. Yes; yes, sir. Mr. RAINVILLE. May I interrupt a minute? General ZwiCKER. Under the terms of this The CHAIRMAN. Who ordered his discharge? Doesn't that order specifically state that this letter, that is correct, Mr. Chairman. General ZWICKER. The Department of the is subject to your check as to whether he The CHAIRMAN. That letter says nothing Army. is in good health and can be discharged? about stealing $50, and it does not say any The CHAIRMAN. Who in the Department? General ZWICKER. May I read it? thing about being a Communist. It does not General ZwiCKER. That I can't answer. Mr. RAINVILLE. I read the order. It is in say anything about his appearance before Mr. CoHN. That isn't a security matter? there. . our committee. He appeared before our com General ZwicKER. No. I don't know. Ex- General ZwiCKER. Paragraph 5 of this order mittee after that order was made out. cuse me. states: Officer will not be separated prior to Do you think you sound a bit ridiculous, Mr. CoHN. Who did you talk to? You determination that he is physically qualified General, when you say that for $50 you talked to somebody? for separation by your headquarters. would prevent his being discharged, but for General ZWICKER. No; I did not. Mr. RAINVILLE. That is a decision that you being a part of the conspiracy to destroy Mr. CoHN. How did you know he should must make? this country you could not prevent his dis be discharged? General ZWICKER. Not me personally. My charge? General ZwiCKER. You also have a copy of medical officers. General ZWICKER. I did not say that, sir. this. I don't know why you asked me for it. Mr. RAINVILLE. But he would report to you. The CHAIRMAN. Let us go over that. You This is the order under which he was dis He would not make the decision without giv did say if you found out he stole $50 the charged, a copy of that order. ing you, the commanding general, the order . night before, he would not have gotten an T:t.e CHAIRMAN. Just a minute. You are for final verification? honorable discharge the next morning? referr~ng to an order of January 19. _ General ZWICKER. It would not be neces General ZWICKER. That is correct. General ZwiCKER. I am not sure, sir. Just sary. If something were found wrong physi The CHAIRMAN. You did learn, did you not, a moment. cally with the man, he would be retained. from the newspaper reports, that this man The CHAIRMAN. January 18. Will you tell Mr. RAINVILLE. He would report to you? was part of the Communist conspiracy, or at me whether or not you were at all concerned General ZWICKER. No. He would be re least that there was strong evidence that he about the fact that this man was getting tained. was. Did you not think that was more an honorable discharge after the chairman Mr. RAINVn.LE. It would be automatic, and serious than the theft of $50? of the Senate Investigating Committee had you would not have to sign anything? General ZWICKER. He has never been tried suggested to the Department of the Army General ZWICKER. I would not personally; for that, sir, and there was evidence, Mr. that he be court-martialed? Did that give no. The medical officer would make such a Chairman-- you any concern? report. Mr. President, I say that was rather General ZwiCKER. It may have concerned Mr. RAINVILLE. But there was somebody in me, but it could not have changed anything your outfit who could say, "This man can go evasive. In my opinion, with all due that was done .in carrying out this order. out or can't go out," and that was the respect to the general, he was hedging. The CHAIRMAN. Did you take any steps to doctor? Now I resume reading from the tran have him retained until the Secretary of the script of testimony: Army could decide whether he should be General ZWICKER. He could not keep him court-martialed? in if he were physically qualified for separa The CHAIRMAN. Don't you give me double · General ZWICKER. No, sir. tion. talk. The $50 case, that he had stolen the Mr. RAINVll.LE. But he could say he could night before, he has not been tried for that. Let me leave the transcript for a not go out, so that there was discretion with General ZWICKER. That is correct. He moment to give my observations with in that 90-day period. didn't steal it yet. respect to the cross-examination and the The CHAIRMAN. Let me ask this question: The CHAIRMAN. Would you wait until he questions which were asked. If this man, after the order came up, after was tried for stealing the $50 before you pre the order of the 18th came up, prior to his vented his honorable discharge? Why, I ask, did not the general come getting an honorable discharge, were guilty General ZwiCKER. Either tried or exon clean? rn my opinion-and I saw only of some crime-let us say that he lleld up a erated. the cold record, as did our honorable bank or stole an automobile-and you heard The CHAIRMAN. You WOUld hold up the select committee::_in my opinion as a of that the day befor~let us say you heard discharge until he was tried or exonerated? lawyer, and trying not to be prejudiced, of it the same day that you heard of my let- General ZWICKER, For stealing the $50; yes. 16096 CONGRESSIONAL -RECORD- SENATE November-17 The CHAIRMAN. But if you heard that this General ZwiCKER. I would expect the au the remarks I may make, lengthy or man was a traitor-in other words, instead thorities from downtown to inform me of otherwise. However, it indicates a total of heari.pg that he had stolen $50 from the that or, let's say, someone in a position .to disrespect for the man charged in the corner store, let us say · you heard that he suspect that he did it. _ . was a traitor, he belonged to the Communist The CHAIRMAN. Let's say one of the trusted censure resolution, whether he be a conspiracy; that a Senate comtnittee had the · privates in your command came in to you Democrat or a Republican. sworn testimony to that effect. Then would and said, "General, I was just downtown and I think it is an unfortunate situation. you hold up his discharge until he was either I have evidence that Major Peress broke into Senators may censure me for what I have exonerated or tried? a store and stole $50." You would not dis said if they Wish to ·do so. Let them General ZWICKER. I am not going to answer charge him until you had checked the facts, present their resolutions as fast as they that question, I don't believe, the way you seen whether or not the private was telling can send them to the desk: All I am want it, sir. -the truth and seen whether or not he had trying to do is to state the law as I view stolen the $50? Digressing for a moment, and speak General ZWicKER. No; I don't believe I it, even though I may not be able to ing as a man who has cross-examined would. I would make a check, certainly, to -impress the learned judges who must witnesses, and as one of the judges here, check the story. pass upon the future of fellow Senators. I say that that answer was "ducking." The CHAIRMAN. Would you tell us, General, It is just too bad that such large groups Was he not, in fact, anticipating future why $50 is so much more important to you of jurors leave for other parts of the cross-examination? than being part of· the conspiracy to d,.estroy .Capitol, for the Senate Office Building, Continuing with the testimony: a nation which you are sworn to defend? or ·wherever else they may go. General ZwiCKER. Mr. Chairman, ,it is not, The CHAIRMAN. I just want you to tell me I hope I shall not have to be constantly and you know that as well as I do. 'harping on this topic, but I do hope and the truth. · The CHAIRMAN. I certainly do. That is General ZWICKER. On all of the evidence or why I cannot understand you sitting there, pray that the gentlemen of the press will anything tha1; had been presented to me as General, a general in the Army, and telling relate these facts to the American people, commanding general of Camp Kilmer, I had me that you could not, would not, hold up and will tell the American people that no authority to retain him in the service. his discharge having received informa they are witnessing the administration The CHAIRMAN .. You say that if you had tion-- of a kind of justice that I, at least, have heard that he had stolen $50, then you could General ZWICKER. I could not hold up his not seen anywhere in the United States, order him retained. But when you heard discharge. . that he was part of the Communist con in Mexico, or in any other part of the The CHAIRMAN. Why could you not do it in world. spiracy, that subsequent to the time the the case of an allegation of membership in orders were issued a Senate committee toolc a Communist conspiracy, where you could if Mr. CASE. Mr . .President, will the the evidence under oath that he was part of you merely heard some private's word that Senator yield? the conspiracy, you say that would not allow he had stolen $50? Mr. WELKER. I am happy to yield. you to hold up his discharge? Such a slim attendance is unfair to the General ZWICKER. I was never officially in The next few answers are contrary to members of the select committee, as well formed by anyone that he was part of the the testimony on pages 146, 147, and 148 Communist conspiracy, Mr. Senator. as to the defendant in the case. of the hearings. Mr. CASE. I desire to have the Sen I suppose the chairman should have General ZwiCKER. Because, Mr. Senator, ator yield so that I may propound a had a . picture taken of the gentleman any information that appeared in the press unanimous-consent request that I may presiding over a secret cell. How can or any releases was well known to me and suggest the absence of a quorum without anyone officially inform someone that a wen known to plenty of other people long prior to the time that you ever called this the Senator from Idaho losing his right man is a member of the Communist con man for investigation, and there were no to the ftoor. That was my purpose in spiracy? Such a c::ise ·is rare, indeed. facts or no allegations, :qothing presented asking the Senator to yield. The hundreds who have appeared before from the time that he appeared before your Mr. WELKER. In the words of the the committee of the Senator from In first investigation that was not apparent distinguished junior Senator from Ari- -diana [Mr. JENNER] have been controlled prior to that time. The CHAIRMAN. · In other words, as you sat _zona [Mr. GOLDWATER], when he ad by party discipline. If they know that dressed the Senate the other day, when their membership cannot be proved, they here this morning and listened to the testi mony you heard nothing new? I made the same courteous suggestion to will deny it. But if they think we have Mr. CoHN. Nothing substantially new? him, perhaps the Senator should not one iota of evidence against them, they General ZWICKER. I don't believe so. waste his time, because I will lose more take refuge behind the fifth amendment The CHAIRMAN. So that all of these facts Senators than I have now. to the Constitution, a revered document were known at the time he was ordered to However, on second thought, I am be .which the Communists seek to destroy. receive an honorable discharge? coming a bit tired, and I shall be happy So the general · had not been notified General ZWICKER. I believe they are all on record; yes, sir. to yield to the Senator from South Da officially. kota for that purpose, provided I do not Continuing with the testimony: Digressing for a moment, how does thereby lose the ftoor. The CHAIRMAN. Well, let's see now. You that compare with the evasive sparring Mr. CASE. Mr. President, I ask say you were never officially informed? of the witness in the first part of his unanimous consent that I may suggest General ZWICKER. No. interrogation? Why could he not have The CHAIRMAN. If you heard that he had the absence of a quorum without the stolen $50 from someone down the street, if said at the outset, "Yes; I know all about Senator from Idaho losing his. right to you did not hear it officially, then could you this man, but I cannot tell you about the ftoor. hold up his discharge? Or is there some him"? What is a cross-examiner ex The PRESIDING OFFICER. Is there peculiar way you must hear it? pected to do? Is he expected to labor objection? The Chair hears none, and General ZWICKER. I believe so, yes, sir; for hours and, finally, at the end of a the Secretary will call the roll.· until I was satisfied that he had or hadn't, lengthy interrogation, find that the facts one way or the other. were al,ready on record? _ The legislative clerk called the roll, The CHAIRMAN. You would not need any and the following Senators answered to Mr. President, I point out that the their names: official notification so far as the 50 bucks is present attendance of Members of the concerned? Abel Douglas Humphrey General ZWICKER. Yes. distinguished body of judges who must Anderson Duff Ives The CHAIRMAN. But you say insofar as the weigh the law and the facts with respect Barrett Dworshak Jackson Communist conspiracy is concerned, you to one of our fellow Members consists Bennett Eastland Jenner need an official notification? Bridges Ellender Johnson, Colo. of 10 Members of the United States Sen Brown Ervin Johnson, Tex. General ZwiCKER. Yes, sir; because I was ate-11 counting the Senator who is ad Bush Ferguson Johnston, S. C. acting on an official order, having precedence dressing the Senate, and 12 counting the Butler Flanders Kefauver over that. -Presiding Officer, the distinguished Sen Byrd Fulbright Kilgore The CHAIRMAN. How about the $50? If Capehart George Knowland ator from Connecticut [Mr. PuRTELL]. Carlson Gillette Kuchel one of your men came in a half hour before Let me say again to the learned judges Case Goldwater Langer he got his honorable discharge and said, Chavez Green Lehman "General, I just heard downtown from a po who honor me by their presence that I Clements Hayden · Lennon lice officer that this man broke into a stm;e appreciate their attendance. I know of Cooper Hendrickson Long ,last night and stole $50," you would not no reason, other than the pending case, Cotton Hennings Magnuson why they were called back to Washing Crippa Hickenlooper Malone give him an honorable discharge until you Daniel, S. C. Hill Mansfield ·had checked the case and found out whether ton. The lack of attendance may or may Daniel, Tex. Holland Martin that was true or not; would you? not be a mark of disrespect·for me or for Dirksen Hruska McClellan 1954 CONGRESSIONAL RECORD- SENATE 16097 Monroney Robertson Symington The CHAIRMAN. You have a rather impor fits, wear it.'' It is a statement with Mundt Russell Thye tant job. I want to know how you feel about which all good Americans agree. We do Murray Saltons tall Watkins getting rid of Communists. not want any of our generals to protect a Neely Schoeppel Welker General ZWICKER. I am all for it. Pastore Smith, Maine Wiley general who protects Communists. Payne Smith, N. J. Williams The CHAIRMAN. All right. You will an Potter Spar¥:m'an Young . swer that questiou, unless you take the fifth In my opinion, such reportinJ is either Purtell Stennis amendment. I do not care how loug we stay grossly careless and inaccurate or it is here, you are going to answer it. deliberately distorted for propaganda The PRESIDING OFFICER (Mr. PuR General ZWICKER. Do you meau how I feel purposes. Were I operating a newspaper, TELL in the chair) . A quorum is present. toward Communists? I would not like to be reminded of either The Senator from Idaho has the floor. The CHAIRMAN. I mean exactly what I ch;uge. . Mr. WELKER. Mr. President, the next asked you, Generitl; nothing else. Anyone question asked by the chairman was: with the brains of a 5-year-old child can It is my opinion that the misinter understand that question. :rretation of the statement which was The CHAIRMAN. Do you think, General, that The reporter will read it to yqu as often made by the Senator to General Zwicker anyone who is responsible for giving an as you need to hear it so that you can has prejudiced the cause of the junior honorable discharge to a man who has been answer it, and then you will answer it. named under oath as a member of the Com Senator from Wisconsin in the public General ZwiCKER. Start it over, please. mind more than any other factor in munist conspiracy should himself be re (The question was reread by the reporter.) moved from the military? General ZwiCKER. I do not think he should volved in this action. General ZwiCKER. You are speaking of gen be removed from the military. While I am discussing the Washington eralities now, and not on specifics--is that The CHAIRMAN. Then, General, you should Post and Times Herald-and I say to right, sir, not mentioning about any one be removed from any command. Any man them, print it any way you want to, be particular person? who has been given the honor of being pro The CHAIRMAN. That is right. cause the RECORD will be complete-! moted to general and who says, "I will pro wish to tell of a little experience I had General ZwiCKER. I have no brief for that tect another general who protected Com kind of person, and if there exists or has munists" is not fit to wear that uniform, on Veterans' Day in Constitution Hall, existed something in the system that per General. I think it is a tremendous dis in the shadow of the Washington Monu mits that, I say that that is wrong. grace to the Army to have this sort of thing ment. I was honored to be the principal The CHAIRMAN. I am not talking about the given to the public. I intend to give it to speaker, and to pay my respects to a system. I am asking you this question, Gen them. I have a duty to do that. I intend colleague and a friend of mine, who is eral, a very simple question: Let us assume to repeat to the press exactly what you said. now here on trial. I tried to make my that John Jones, who is a major in the So you know that. You will be back here, United States Army-- contribution in an honorable and in an General. ethical way. General ZWICKER. A what, sir? Do you know who initiated the order for The CHAIRMAN. Let us assume that John the honorable discharge of this major? The Washington Post and Times Her Jones is a major in the United States Army. · General ZwiCKER. As a person, sir? ald had its photographer present, who Let us assume that there is sworn testimony The CHAIRMAN. Yes. took some pictures of those present at to the effect that he is part of the Commu General ZWICKER. No; I do not. the gathering. I have them before me. nist conspiracy, has attended Communist The CHAIRMAN. Have you tried to find out? The Washington Post and Times Herald leadership schools. Let us assume that General ZWICKER. No; I have not. Maj. John Jones is under oath before a com did not hurt me or hurt Senator Mc The CHAIRMAN. Have you discussed that CARTHY, and I shall presently go into mittee and says, "I cannot tell you the truth matter with Mr. Adams? about these charges because, if I did, I fear General ZWICKER. As a person, no, sir. that. The event occurred on Friday, that might tend to incriminate me." Then The CHAIRMAN. How did you discuss it November 12, 1954. That newspaper let us say that General Smith was respon with him other than as a person? should. be the greatest in the land, be sible for this man receiving an honorable cause it is located here in the Nation's discharge, knowing these facts. · Do you Mr. President, in connection with the Capital. It saw fit to take some pictures think that General Smith should be removed above remark made by Senator Mc of those present at the gathering. I say · from the military, or do you think he should CARTHY in connection with the fitness be kept on in it? to the members of the press, and espe of the general to wear the uniform, I cially to the reporters who did this for Mr. President, in my opinion, this is desire to call the attention of this the Washington Post and Times Herald, the crucial question, particularly when learned body to the incorrect reporting that in Senator McCARTHY's own State, amended by the next statement of the of the statement as it appeared in many in the fine city o! Milwaukee, I have chairman, the junior Senator from Wis newspapers. Even at the late date of paid my respects to him as a hard consin [Mr. McCARTHY]. I continue to November 10, 1954, the Washington Post punching American who wants to run read: and Times Herald, a newspaper which should have the exact facts right at Communists out of Government. Never General ZWICKER. He should be by all did I think I would see such a thing means kept if he were acting under compe hand, printed in its complete Capital tent orders to separate that man. edition of that day this statement in a newspaper which prides itself on The CHAIRMAN. Let us say he is the man ascribed to Senator McCARTHY: being one of the Nation's greatest news who signed the orders. Let us say General papers. The story in the paper does Smith is the man who originated the order. You are unfit to wear that uniform, General. not hurt Senator McCARTHY; it does not General ZwiCKER. Originated the order di· hurt Rabbi Schultz, of New York, under recting his separation? This is the exact statement as quoted The CHAIRMAN. Directing his honorable whose auspices the meeting was held, in discharge. by the Washington Post and Times deed, he arranged it; it does not hurt General ZWICKER. Well, that is pretty hY· Herald. I have the original newspaper HERMAN WELKER, but it does do the cruel• pothetical. in my hand. BeginniLg in the right est injustice to John Maragon, who I un The CHAIRMAN. It is pretty real, General. hand column, the headline is: "Resolu derstand was convicted of a crime. This General ZWicKER. Sir, on one point, yes. I tion Raps McCARTHY." At the bottom of mean, on an individual, yes. But you know is the wonderful reporting of the Wash the column is the word "McCARTHY," and ington Post and Times Herald-a picture that there are thousands and thousands of then the sentence is continued on page 2; people being separated daily from our Army. "told Zwicker he was 'not fit to wear that of Rabbi Schultz, Senator Welker, and The CHAIRMAN. General, you understaud Maragon, and under it the words, "They my question-- uniform.'" General ZWICKER. Maybe not. Mr. President, you know such a state rallied behind the junior Senator from The CHAIRMAN. And you are going to an ment is not true. The correct statement Wisconsin." swer it. is: The more I see of certain persons, the General ZWICKER. Repeat it. more I see of certain reporters, the more The CHAIRMAN. The reporter will repeat Any man who has been given the honor of I respect ex-convicts who have paid their it. being promoted to general and who says, "I (The question referred· to was read by the will protect another general who protected penalty for violating laws. I am not say reporter.) communists" is not fit to wear that uniform, ing that the picture hurt me. Think of General ZWICKER. Th~tt is not a question General. the man Maragon. He had erred, and for me to decide, Senator. That is far different from saying, "You I have no reason to defend whatever he The CHAIRMAN. You are ordered to an may have done, but at least he paid the swer it, General. You are an employee of are unfit to wear that uniform, General.'' the people. · In fact, the statement made by Senator penalty. He was convicted by a court of General ZWICKER. Yes, sir. Y-cCARTHY merely implies, ''if the shoe law, as I understand, for the crime of 16098 CONGRESSIONAL ·RECORD- SENATE November -17 perjury. He was sentenced to the-Fed that great newspaper in a court where Mr. President, let me say that ~ do not eral penitentiary. He heard the gate there are some rules and where the play profess to be an expert on military mat lock behind him, and, as I understand, ers are governed by them. ters; but in the days when we had a cer for 24 months he did not exactly have Let me repeat that the more I see and tain traitor in our country, I wonder a White Christmas or a wonderful hear of certain of those who would in what would have happened if someone Thanksgiving. He answered to the law jure such a person-and even though he under the command of Gen. Benedict as he should have done. But why would be an ex-convict, he paid his penalty Arnold had not tried to alert the Ameri the Washington Post and Times Herald the more I respect the man who paid can people to what Benedict Arnold was portray him to the American people as that penalty. doing. As a lawyer, it appears to me, sitting there on the platform with a As I was saying before disgressing, the regardless of whether the man concerned Senator and with Rabbi Schultz? Not statement which was contained in the was in the military service or in any that I would consider it a disgrace to sit press gave an erroneous description and other branch of the executive arm of beside Maragon, because, as I have said, prejudiced the cause of the defendant, the Government, or whether he was in he had paid the penalty for his violation so to speak, under Senate Resolution the judicial branch, or the legislative of criminal law. I wonder how he feels, ·301. Certainly that statement was far branch, and I say this based upon what I wonder how the American people feel, different from saying, ."You are unfit to law I know-that any man who would, about the splendid reporting the report wear that uniform, General." In fact, in fact, try to conceal or cover up a man ers did on that occasion. I wonder if the statement made by Senator McCAR of that nature would be guilty of the John Maragon has reflected upon the THY merely implied, as I stated before, crime of conspiracy, as was so ably dis months, the long, trying months, he "If the shoe fits, wear it." cussed by the Senator from Indiana in .Spent out of society: I wonder if after . Perhaps, Mr. President, if I, or some his first speech on this subject matter. seeing the picture he thought it was other Member of this body had been I read further from the hearing: quite the honorable and ethical thing to cross-examining the. general, we would The CHAIRMAN. Do you think that the publish it. I wonder what the Washing not have used that language. However, higher authority would be guilty of improper ton Post and Times Herald would have members of the select committee, when conduct? clone had the junior Senator from Wis interrogated by me, have admitted that, General ZWICKER. It is conceivable. consin absolutely faked a picture with as all persons know, no two cross-exam- The CHAIRMAN. Do you think they are the design to mislead the American guilty of improper conduct here? iners proceed in the same way. · General ZwiCKER. I am not their judge, people, and to discredit those who were Now I wish to continue reading from sir. present at a rally dedicated to saving our the testimony. I hope to conclude my country. · remarks tonight. Mr. President, at this point I should I never thought that in my lifetime I At the point in the hearing I had like to ask, on behalf of the American would see anything so unjustified, not to reached, we find that the following oc people and on behalf of the sovereign Senator WELKER, not to Rabbi Schultz, curred: State I in part represent, who happens but to a man who had digressed from General ZWICKER. I mean as an individual. to be the judge? Who pays the general's the law, who had been a criminal, ·and This is a Department of the Army order. salary? Who asks the general to live who had answered for his crime by going The CHAIRMAN. Have you tried to find out up to his oath? · to the penitentiary, and then was por who is responsible? I know something about military or -trayed as one of the three who rallied at General ZwicKER. Who signed this order? ders; but if at any time in the history of the McCarthy meeting. I do not care The CHAIRMAN. Who was responsible for the United States we have needed men the order? whether John Maragon was an ex-con General ZWICKER. No, sir; I have not. who would stand up and be counted, it vict or not. He paid the penalty. I do The CHAIRMAN. Are you curious? is now. not know anything about publishing I read further from the testimony: newspapers, and whether the person re In referring to the "retake" that Gen The CHAIRMAN. Do you think to order the sponsible for-this reporting was the pic eral Zwicker had before the select com honorable discharge for a Communist major ture editor, the news editor, or someone mittee, I have heard members of the was improper conduct? else, but in the heart of whoever was select committee say they had never seen General ZWICKER. I think it was improper responsible certainly there is a moral a finer or more cooperative witness, or procedure, sir. penalty which he has not paid-not for words to that effect. But, Mr. President, The CHAIRMAN. Do you think it is im a wrong done to Senator WELKER or to was he so cooperative when he stated, proper? "Frankly, no"-that he was not even Mr. COHN·. General,-! just want to ask you Rabbi Schultz, but to this man who had this: Peress was discharged on February 2, paid his debt to society, and then had to curious about who was responsible for which was a Tuesday. suffer such vicious, lowdown, publicity as the order? General ZWICKER. That is right. that. I read further from the hearing: Mr. CoHN. He appeared before the com Sometimes I wonder, with respect to General ZwicKER. Frankly, no. mittee on Saturday. On Monday or Tues freedom of the press, whether or not it is The CHAIRMAN. You were fully satisfied, day, did you speak to anybody in the Depart exactly right, when such instances as I then, when you got the order to give an ment of the Army in Washington, tele have just related occur. Is it freedom of honorable discharge to this Communist phonically, about the Peress case? On Mon major?_ day or Tuesday? the press, or freedom to abuse a man General ZWICKER. Let me think a minute. is General ZwicKER. I am sorry, sir. who defenseless and oppressed? The CHAIRMAN. Read the question. It is possible that I called First Army to in I care not what the newspapers say or · (The question was read by the· reporter.) form them that Peress had changed his mind what they write about me, so long as they General ZwicKER. Yes, sir; I was. and desired a discharge as soon as possible. try to stick to the truth. ·Let the col . Mr. COHN. General. I have just 1 or 2 umnists smear me, as they love to do; questions. Mr. President, let me repeat that part but the television and radio commenta The CHAIRMAN. Let me ask one question. of the testimony: tors and the writers had best stick to In other words, you think it is proper to General ZwiCKER. Let me think a minute. the truth. I want them to channel their give an honorable discharge to a man known It is possible that I called First Army to in to be a Communist? form them that Peress had changed his'mind comments and writing to the State of General ZWICKER. No; I do not. Idaho, which gave me. the highest office and desired a discharge as soon as possible. it could give, because I will be willing, He is entitled to praise for that state . I should like to ask the judges before ready, and happy to meet them at any ment. me to note carefully the timing. as to time for debate on the question of hon I read further: when Major Peress wanted his discharge. orable, decent freedom of the press, when The CHAIRMAN. Why do you think it is Continuing with the- testimony: they do such a thing to a man who paid proper in this case? Mr. CoHN. Who would you have told in the the penalty that always is paid by one General ZWICKER. Because I was ordered to First Army? Who would you call? G-2, or who is convicted of committing a crime. do so. General Burress? Mr. President, I feel these things at The CHAIRMAN. In other words, anything General ZwiCKER. I don't think in that that you are ordered to db, you think is case I would call General Burress. the bottom of my heart. Now that I have proper? · Mr. CoHN. General Seabree? paid my respects to that newspaper, in General ZwicKER. That is correct. Any General ZwicKER. No, 'it would have been connection with that matter, I will say, thing that I am ordered to do by higher G-1, or Deputy Chief of Statf. further, that some time I hope to meet authority, I must accept. Mr. COHN. Who is that? 1954 CONGRESSIONAL RECORD- SENATE 16099 General ZWICKER. General Gurney. Continuing with the testimony: Mr. LONG. It is my understanding Mr. CoHN. You don't remember which one 1t was? Mr. CoHN. Did anybody on · your sta1f, that the way the fact came to the atten General ZWICKER. I don't ·recall that I General-Colonel Brown or anyone in G-2- tion of those in the service that he was called. communicate with the Department of the a Communist was that he declined to Mr. CoHN. Did you talk to Mr. Adams in Army on February 1 or February 2? In other sign the loyalty oath. Obviously, some those days? :words, in connection with the discharge? one should have caught that. That was General ZWICKER. No, sir. General ZWICKER. I don't know, but I don't believe so. an error, as I understand. Mr. COHN. Did you ever talk to Mr. Adams Mr. WELKER. Yes; a very important before yesterday? You recall whether or not Mr. CoHN. To the best of your knowl you spoke to him. edge, no? error. General ZWICKER. I know Mr. Adams, yes. General ZWICKER. No. I do not wish to be bothered with fur There was one call, but I think that came Mr. COHN. In other words, on January 18, ther questions because I know that the from a member of your committee, from 1954, you received a direction from the Sec judges present are tired, and I certainly Washington, requesting that this man ap retary, signed by the Adjutant General-! am tired. Let me answer by saying that, pear before your committee first. assume that is General Bergin-telling you in the hypothetical case suggested, a pri The CHAIRMAN. You understand the ques to give this man an honorable discharge vate brought back the word that John tion. Did you talk to Mr. Adams before from the Army at any practicable date, de yesterday? pending on his desire, but in no event later Jones, a major, had stolen $50 from a General ZWICKER. I don't recall. I don't than 90 days; that that was the order, and store. Certainly he had not been con believe so, sir. you had nothing from the order to change victed of anything. He had not been that order in view of his testimony before convicted of a crime. But, as General I think had I been cross-examining, I the committee; .and, therefore, when the man Zwicker testified under oath before his would have gone into that subject a little came in and wanted an honorable discharge, God, with that trivial amount of infor deeper. I would have gone further into you felt under this order compelled to give mation, he would have withheld the dis the failure to recall, in connection with it to him as a decision that had been made by the Adjutant General. Is that correct? charge of Maj. John Jones. an incident so important as this. General ZwicKER. That is correct. Mr. LONG. The Senator from Idaho Continuing with the testimony: Mr. CoHN. And you received no additional understands, of course, that I am seeking The CHAIRMAN. Did you talk to anyone in words from the Adjutant General on Febru the facts. Washington? ary 1 or February 2, and before you gave the Mr. WELKER. I know the Senator is General ZwiCKER. No, sir, about this case. discharge you did not call and say, "In view doing that. The CHAIRMAN. Within the week preceding of all of this, and his testimony on Satur his discharge? day, and Senator McCARTHY's request for a Mr. LONG. I do not wish to argue the General ZWICKER. No, sir. court-martial, this man is in here now and case with the Senator. I am merely try The CHAIRMAN. Did you at any time ever is that all right?" You never made any such ing to get the facts. With regard to the object to this man being honorably dis call? $50- charged? General ZWICKER. No; I did not. Mr. WELKER. If the Senator will General ZWICKER. I respectfully decline to permit me to interrupt him, we have answer that, sir. I digress for a moment to say once passed the usual hour of adjournment. The CHAmMAN. You will be ordered to an again that the American people, through I am not trying to hedge in any way. I swer it. the Congress of the United States, must General ZWICKER. That is on the grounds shall be in the Chamber tomorrow, and and will finally find out why this sort the Senator may address his questions . of this Executive order. of conduct took place. The CHAIRMAN. You are ordered to answer. to me at that time, and I shall be glad That is a personnel matter. Mr. LONG. Mr. President, will the to answer his questions and give him any General ZWICKER. I shall still respectfully Senator yield for a question? information I have. However, I still decline to answer it. · Mr. WELKER. I am glad to yield. have a few pages of my prepared remarks The CHAffiMAN. Did you ever take any Mr. LONG. Does the Senator feel steps which would have aided him in con to read, and I wish to continue, if I may tinuing in the military after you knew that that Major Peress actually committed do so without offending my devoted he was a Communist? some crime while he was in the military friend from Louisiana. Is that agree General ZwicKER. That would have aided service, or is it his feeling that Major able to him? him in continuing, sir? Peress should have been court-martialed Mr. LONG. That is agreeable, of The CHAIRMAN. Yes. for something he may have done prior to course. General ZWICK:lm. No. the time he joined the military? Mr. WELKER. I thank the Senator. The CHAffiMAN. Did you ever do anything _Mr. WELKER. I will say to my distin instrumental in his obtaining his promotion Then Mr. Rainville takes over the after knowing that he was a fifth-amend guished friend from Louisiana that the examination: ment case? least that could have been expected of Mr. RAINVILLE. General, I think at one General ZwiCKER. No, sir. the Department of the Army would have place there you said he changed his request The CHAIRMAN. Did you ever object to his been not to expedite the discharge after to an immediate discharge? being promoted? knowledge had been given to them that General ZWICKER. That is correct. General ZWICKER. I had no opportunity to, Peress was a man who had taken refuge Mr. RAINVILLE. Then he had previously ob sir. behind the fifth amendment to the Con jected to the discharge or at least he wanted The CHAmMAN. Did you ever enter any ob the full 90 days? jection to the promotion of this man under stitution. General ZwiCKER. No, sir. He requested to your command? Mr. LONG. One thing that concerns be discharged on March 31, I think, which General ZWICKER. I had no opportunity to the junior Senator from Louisiana in would make it 60 days from receipt, rather do that. · considering this case is whether or not than . the full 90. He did not ask for the The CHAIRMAN. You say you did not; is the military actually had the authority full 90, but he asked for what amounted to that correct? or the power to dishonorably discharge 60 days, 2 months. General ZwiCKER. That is correct. Major Peress or to court-martial him. Mr. RAINVILLE. Then he came in as soon The CHAffiMAN. And you refuse to tell us If as he testified, and asked for an immediate· whether you objected to his obtaining an they did not have that power, if they discharge and it was processed routinely? honorable discharge? could not make a court-martial stand up, General ZWICKER. That is correct. General ZWICKER. I don't believe that is then, of course, it would seem that they Mr. RAINVILLE. But you never thought it quite the way the question was phrased be are not subject to censure or criticism necessary after he appeared before the com fore. for failure to court-martial him. But mittee or when he made that request to The CHAmMAN. Well, answer it again, then. if Major Peress had committed any of discuss his appearance before the committee General ZWICKER. I respectfully request fense in the nature of subversive activ with him? that I not answer that question. ities while a member of the military, General 'ZwiCKER. I am sorry. The CHAmMAN. You will be ordered to an he would have been subject to court Mr. RAINVILLE. My question is this: After swer. martial or dishonorable discharge. Does he appeared before the committee and he General ZwiCKER. Under the same au the Senator contend that Major Peress was still a member of your command, even thority as cited before, I cannot answer it. though he was on separation, you didn't ask could have been prosecuted for having him to come in and report what he testi I digress for a moment to refer again been a Communist prior to the time he fied to? to the very pious platform of my party, joined the Army? General ZWICKER. No, sir. adopted at the national convention in Mr. WELKER. As I understand, he Mr. RAINVILLE. And you didn't think it was 1952. made a false affidavit. necessary when he came in and asked for an 16100 CONGRESSIONAL RECO~D- SENATE November 17 1mmediate discharge instead . of 60. days. to General ZwicKER. Sir, -that is not my pre distinguished chairman of the select ask him what transpired so as to get some rogative, either. kind of an idea as to why he wanted it The CHAIRMAN. You are ordered to do ·it. committee feels might happen in cross immediately, or why he is in a rush to get General ZWICKER. I am sorry, sir. I will examination. out now instead of taking the 60 days that not do that. The junior-Senator from Wisconsin he wanted before that? The CHAIRMAN. All right. said, "I am _sure you did." General ZWICKER. That was beyond my General ZWICKER. If you care·to have me, The CHAIRMAN. Being a lawyer myself, I prerogative. I did not. I will cite certain othe= portions of this. realize sometimes when- we get into the Mr. RAINVILLE. As an officer of your com The CHAIRMAN. You need cite nothing. warmth of a cross-examination, we will use mand, certainly what we usually call the old You may step down. some language that might sound like it was man's privilege there, prerogative, they may (Whereupon, at 5:15 p. m., the committee exaggerated. We don't recognize it at the ask that sort of question, and so forth, so was recessed, subject to the call of the time because we're feeling intense, and all long as he is one of your command. But Chair.) that sort of thing. So we will let the inci you didn't do it? _ I may add at this point that the chair dent pass. General ZwiCKER. No. He told me he _Mr. DE FURIA. Very well, sir. wanted to be released and I said, "All right." man accepted the situation, when he was Mr. JoNES. General, did the counsel of the informed by General Zwicker that he _ The importance of this mild reproach Army advise you not to discuss the Peres'S would not do what was requested of him, addressed -by .Senator WATKINS to the case? and the chairman made no attempt to committee lawyer, Mr. de Furia, is not I understand that Mr. Robert Jones threaten the general with a contempt realized unless one analyzed the word was formerly the administrative assist citation. "hyperbole." It is defined · as extrava ant to the Senator from Michigan [Mr. Perhaps many Senators, who sit here gant exaggeration. Macauley calls it PoTTER]. He no longer occupies that as judges, wonder why I have taken their the boldest figure in rhetoric, the hyper position. time to read this testimony into the bole, it lies without deceiving. Now it REcoRD. I am being brutally frank when General ZWICKER. He did not. appears, Mr. President, that this dic Mr. JoNEs. He did not advise you? I say that if my political future must tionary-minded counsel for the commit General ZWICKER. No, sir.· stand on what I have said today, that is tee has come up with a polite way of The CHAIRMAN. Who did advise you? certainly agreeable with me. I have calling the Senator -from Wisconsin a · General ZWICKER. No one. read the testimony into the RECORD so liar. And for that he is mildly re The CHAIRMAN. What did you and Mr. that millions of people throughout the proached and instantly forgiven by the Adams talk about yesterday? land, as they read the CONGRESSIONAL chairman conducting the hearing. General ZwicKER. Mr. Adams and I talked RECORD, may have before them the orig I am not critical of the chairman upon about the various procedures of prior meet inal testimony as it is found in the that point, because I have made mis ings such as this. He tried to indicate what proceedings before the subcommittee. takes in cross-examination. I have I might expect. I turn now to another cross-examina made many statements for which I am I (l.igress to say to the judges present tion. It was cross-examination con sorry. ·I know of no ·man who has ever that that statement might or might not ducted by the select committee. I again cross-examined who has not made mis give some indication about the kind of wish to make it clear that I am not try takes. But I am trying to show that the cooperation extended by General Zwicker ing to abuse or vilify the Senators who chairman of the select committee indi at the original hearing. served on the select committee, all of cated how easy it is for a man to go whom are friends of mine. Mr. JoNEs. Did Mr. Adams advise anyone overboard in cross-examination. not to discuss the Peress case to this com The Senate is sitting as a court of Mr. President, I do not wish to offend mittee? law, and I am giving the Senate such in any member of the select committee or General ZWICKER. I am sorry. He did not formation as I have. What I am about any Member of the United States Sen advise me. to read occurred in the cross-examina ate. I desire to try to suggest to the Mr. JoNEs. I mean to your knowledge, did tion of another witness before the select Senate that human beings are not all he advise any other person? committee. Bear in mind that the cen the same, and sometimes on cross-ex General ZWICKER. To my knowledge, he sure hearings were the result of the amination, we lose our tempers, our did not. charge that the junior Senator from patience, and say things we should not Mr. JoNEs. General, what ls your consid Wisconsin was unduly rough with Gen say. ered opinion of this order here forbidding eral Zwicker on cross-examination. I you to assist this committee in exposing the shall read from page 347 of the select Let us see how the same chairman con Communist conspiracy .in the Army? committee hearings. Mr. de Furia is ducted other hearings, and how he treat General ZWICKER. Sir, I cannot answer interrogating the junior Senator from ed one other lawyer who was not serving that, because it ·is signed by the President. Wisconsin. I read: his committee. I call attention to the The President says don't do it and therefore . hearings of the Internal Security Com I don't. Mr. DE FURIA. And yet you say he was the mittee on the subject of Subversive In Mr. JoNES. What is your considered opin most evasive and arrogant, one of the most ion of that order? You see now, here is a evasive and most arrogant, witnesses who fluence in the United Electrical, Radio, perfectly good example of a Communist be ever appeared before you? and Machine Workers of America, April ing promoted right in the ranks, all because Mr. McCARTHY. That is correct. 17, 1952. Tt~e Senator from Utah [Mr. of this Executive order here, in many re Mr. DE FuRIA. Now, in all fairness, Sena WATKINS] was conducting the hearing as spects, where we could not get at these tor, aren't you sometimes addicted to hyper a one-man committee. Please follow the things earlier. What is your considered bole? testimony on page 54 of that hearing. opinion of an order of that nature? . I am saying this in all kindness, sir. I beg the judges, so many of whom are General ZWICKER. I won't answer that, be Senator McCARTHY. Am I addicted- present, that they will favor me by read cause I will not criticize my Commander in Mr. DE FURIA. I have personal qualities of Chief. language that other people don't. ing that testimony. I do not bring it up The CHAIRMAN. General, you will return Mr. WILLIAMS. I don't think that is a to try to embarrass the Senator from for a public session at 10:30 Tuesday morn proper question, Mr. Chairman. I don't Utah, because in a like· situation, cer ing. think we are here trying anybody for hy tainly, I would probably have done the General ZwiCKER. Thfu coming Tuesday? perbole. same, or even worse. - I bring it up to The CHAIRMAN. Yes. The CHAIRMAN. He will not be required to answer it. invite the attention of the judges to the General ZWICKER. Here? Mr. DE FURIA. I am sorry I asked the ques fact that Senators can be badgered and The CHAIRMAN. Yes. tion; I shouldn't, sir. become angry and cari lose their pa General ZWICKER. At what time? The CHAIRMAN. That is all right. tience. That is the sole and only reason The CHAIRMAN. 10:30. In the meantime, Mr. DE FURIA. I meant it in all kindness, I 1n accordance with the order which you assure you. WhY I cite this testimony to the Senate. claim forbids you the right to discuss this The CHAIRMAN. I recognize that. I now read from the hearings at page case, you will contact the proper authority Senator McCARTHY. I am sure you did. 54: who can give you permission to tell the Mr. ARENs. In July. o! -1950, you wrote a committee the truth about the case before Mr. President, I now digress for a mo- letter, did you not, to Repr.ese.ntative Walter you appear Tuesday, and request permission ment to say that the reason why I bring B. Huber, in which you stated that you are to be allowed to tell us the truth about this particular portion of the testimony not a Communist and that you have never the- before the Senate is to show what the been a Communist; isn't ·that true? 1954 CONGRESSIONAL RECORD- SENATE 16101 - Mr. Arens.was one of the staff counsel - It was then that the- senior Senator jected to such a cross-examination as 'for the Jenner committee. I read fur• from Utah said: General Zwicker's. I am inclined to ther: Put him out. ~oubt it, Mr. President. Mr. SIENS. In view of the line of question- The record then reads: • Please let me give another example lng, I assert the privilege. . of conduct in a committee of the Senate. Mr. ARENS. On March 11, 1949, you wrote (At this point Mr. Scribner was escorted I quote from a hearing which I shall a letter to Elgin Day, president of local 544 from the hearing room.) not identify, unless pressed to do so. of the UPWA, Lorain, Ohio, in which you I call attention to the fact, Mr. Presi· I shall not reveal the name of the stated that you were not a Communist; isri't Senator involved, because he did not that true? .dent, that the lawyer who ·was so vigor· Mr. SIENS. I assert the privilege. _ously rebuked and put out of the l).earing serve upon the select committee. He has room by the senior Senator from .utah done work for investigating co_mmittees That means the fifth amendment. is a member of the bar of the State of of the Senate. If any Senator demands Generally we allow witnesses to plead New York and of the Supreme Court of his name, I shall feel it my duty to the the first time, but the second time we do the United States; I believe he was ad eight judges still remaining in the not have them go through the procedure. mitted to the Supreme Court of the Chamber to hear this · very important · Mr. ARENs. In these instances in which you United States some 2 years ago. case to reveal the name of the Senator·. ·have asserted in letters and articles, that you - I saw fit to question Mr. Scribner about But I wish, if possible, to bring these were not a Communist, your assertions were this matter because I desired to bring cases before the Senate so that we may not .under oath; were they? b-3tter understand the trying times which Mr. ScRmNER. That's the trickiest thing _I out, for the benefit of the judges in this ever heard of, and I will advise you on that. -case, whether it helps or not, that any a cross-examiner has, not· only in pri· (Witness confet:.s with counsel.) cross-examiner, whether it be the able vate practice but also in the investiga ·chairman of the Committee on the Ju tion of subversives· or alleged subversives Mr. Scribner was the New York attor -diciary, the able chairman of the Sub in the Government. ny for Mr. Siens. committee on Internal Security, or any I may say that the Senator involved Senator WATKINS. Just a moment. I call other Senator who sits in the position in this cross-examination is not a mem counsel's attention to the fact that he was of a presiding officer, might lose his ber of my party, so I do not wish to be only to give counsel to the witness when the patience. accused of trying to protect someone witness asked for it. He is not supposed to coach him on his answers. -Let me reemphasize the fact that I am on this side .of the aisle. I quote as Mr. SCRmNER. Does the Senator mean that not attempting to bring ridicule upon follows: if the witness does not ask for it, I cannot the senior Senator from Utah. I would WITNESS. I'd like to ask my lawyer for some represent him? · never do that because, heaven knows, if legal advice. Since these were seized out of Senator WATKINS. He means that exactly. one looks at my own record, perhaps he the office over our protest, they are not val;. Mr. ScRmNER. At the same time I will say will find that I have done things in cross untarily presented here. ·that I will leave, because I serve no function. examination for which I am sorry now. SENATOR. They were seized at your office He has been denied counsel by the Senate by committee investigators anq deputy committ.ee. I will no_t sit by the witness un although I cannot recall them. When I questioned Mr. Scribner on United States marshals under subpena. Is 'der those circumstances. that what you meant? . · ·senat'or WATKINs. You are excused. We -this incident, he stated as follows: WITNEss. I was subpenaed to appear with ·do not permit anyone to sit here· and coach Mr. SCRmNEJt. Well, frankly, to this day I them here at 2 o'clock, but they were seized a witness. Just a moment. am perplexed about that incident. I have prior to 2 o'clock. · Mr. ScRmNER. Will you state for the record 'been before many courts in the last 25· years SENATOR. I know; you had been subpenaed that I coached the witness? and before other committee hearings but to bring them before that. -never have I had anything comparable to LAWYER FOK WITNESS. He was not sub Again I shan· digress for a moment what happened that day. . You know how to assure the judges who are present that angry it makes any lawyer to be accused of penaed to bring them before that. No sub :I am not trying to embarrass the senior coaching a witness and that is why I asked pena duces tecum was ever served upon them. Senator from Utah · [Mr. WATKINS]. the Senator if he was accusing me, on the I need not inform the handful, less Nothing. could be further from my de record, of coaching my client and that is than a corporal's guard, of the judges sire. .Probably I would have done the when he threw me out. I also recall one trying this case who, still remain in the place where there was some statement or same thing-! do not know-although, advice given by the committee counsel- Chamber that a subpena duces tecum -in the vast experience I have had on the calls for a witness to bring to the court committee headed by the distinguished Referring to Mr. Arens-- room or the hearing room the papers and junior Senator from Indiana [Mr. JEN that was completely erroneous in law and other personal effects concerned. Let NERl, I have yet to throw anyone out of I tried to make some comment about that. me repeat the answer, and then continue. a hearing room. That is it, and I was very much upset at LAWYER FOR WITNESS. He Was not SUb Mr. Scribner. was admitted to the that time. However, not any more so than penaed to bring them before that. No sub practice of law in the State of . New I have been on a number of occasions when pena duces tecum was ever served upon . York, ·and was· attempting to represent trying a case in court but riever before them. have I had any followup to an argument SENATOR. Th~ president Of th~ Union WaS, his client. I do not know anything such as the followup to this one. I really about Mr. Scribner or his client, but Mr. felt that it was a very unfortunate incident. LAWYER FOR WITNESS. I might say this was Scribner was present. I shall go back Lawyers, as you know, argue sometimes bit a thoroughly outrageous interference- for a moment and repeat: . terly in court but it is always done with a SENATOR. Throw that damn scum out o! here. Get rid of him. Mr. WATKINS. You are excused. We do basic sense of courtesy· and as soon as you are out of the courtroom you carry on as (At this point, the lawyer for the witness not permit anyone to sit here and coach a was ushered out of the hearing room.) witness. Just a moment. though nothing had happened. I have been Mr. ScRmNER. Will you state for the record before committees many times and never My colleagues may perhaps wonder that I coached. the witness? had anything like that happen to me before, nor to a client of mine. why I interrogated the members of the Senator WATKINS. Put him out. select committee who are lawyers with (At this point Mr. Scribner was escorted What action shall we take against the !rom the hearing room.) respect to the oath of office they took senior Senator from Utah? Surely his when they became members of the bar. I do not know of any more sacred display of temper and his conduct to Among other things, the record shows ·right than that of a person to be repre ward the witness' lawyer was reprehen that an attorney is bound to defend his sented by counsel. I have never in my sible. We cannot have one standard client, without any personal considera- life seen a man ejected from a hearing of conduct toward generals, another tion to himself, and it is a tremendously room in a judicial or a quasi-judicial standard of conduct toward lawyers, nor important oath. which every lawyer re proceeding. When the senior Senator yet another standard of conduct toward spects. Why did I bring out that fact? from Utah [Mr. WATKINS] apparently, privates in the Army. In that connec It was to show my colleagues that human like most cross-examiners, lost his pa tion, I am bound to speculate on.whether beings can, not only in congressional tience, the attorney for the witness--not or not the United States Senate would hearings, but in courtrooms, have their the witness himself-stated: bring disciplinary action for the cross patience exhausted and do things I am Will you state for the record that I coached examination of Private Dickerson, of sure they would not otherwise do, and the witness? Crackers Neck, Va., if he had been sub- would never do again. C-1013 16102 CONGRESSIONAL RECORD- SENATE November 17 I can cite my colleagues many in tor Tobey, Senator Tobey then con far beyond McCARTHY. So did the late Sen stances, including some which occurred tinued: ator Jim Reeq, of Missouri, in his cross in my private practice of law, but I shall examinati~ms. And bear this in mind. We Senator ToBEY. What do you suppose the were only trying to uncover graft and cor refer now only to Senators who have lost public at large would think of a man who ruption. Treason and betrayal of the coun their patience and their tempers. did not report illegal doing to the Governor, try is far more serious than grand larceny As I have said, in the instance I was after he had sworn to uphold the law? What and fraud. citing, the lawyer for the witness was hope is there to keep crime down in this ushered out of the hearing room at that country if the law-enforcement officers do He was referring, I think, to his ques point. I am sure .my colleagues would not function properly? tioning of the then Attomey General of Mr. GAFFNEY. Well, sir, I do not like to be the United States, Harry Daugherty, and not imagine that the lawyer felt very abused. I am an honest man, and I resent happy about being thrown out, no mat that. the head of the Alien Property Division, ter how obnoxious he might have been, Senator ToBEY. I am not abusing you. I a man by the name of Miller, I believe, when he had taken an oath to defend his am just telling you the facts. at that time a highly respected man from client. · Mr. GAFFNEY. Well, I resent it. the State of Delaware, as I understand. The same Senator, whose name I am Senator ToBEY. Well, you can resent it .It seems that Mr. Miller was convicted. withholding, unless compelled to disclose until that well-known place freezes over. Mr. Daugherty, I believe, had two mis The country will want to know what kind trials, and finally the case was dismissed. it, ejected a witness in another hearing of a plugged nickel you are. to which I can refer. He ejected him Mr. GAFFNEY. I am not a plugged nickel. CONCLUSIONS OF LAW with these words: Senator ToBEY. You are no good in my Before concluding my remarks con Yes, and you are a disgrace to the United judgment, you are below par, and you are cerning the law and the facts of this States. Take him out, Marshal. a counterfeit of what a good law-enforce action, Mr. President and respected col ment officer should be. Just look at a pic I dislike b1inging this incident before ture of yourself, just look at yourself, and leagues, I want to briefly review the main the Senate, because the interrogator was search your own conscience. points of law concerning which I have a man of high principles, one who was Mr. GAFFNEY. I am an honest man. I will spoken at some length. These points have you understand that. are of extreme importance, and must be dedicated and devoted to his job. He Senator ToBEY. You are a passive man. seriously considered. They have no was doing his level best to stop crime Mr. GAFFNEY. I am not. bearing on personalities involved in this and corruption in the United States. I Senator TOBEY. As a law-enforcement of issue. They are for the guidance of the · call the attention of the Senate to the ficer, you are no good (pt. 7, p. 425). incident merely for one reason, namely, Senate in this case and in any similar once again to show my colleagues that The following quotation from the case which may arise in the future. no matter how able or competent a hearings of Friday, March 16 1951 First. The Constitution does not au lawyer may be, he can lose his patience which will be found on page 1246, als~ thorize a censure action, as such. Estab during the cross-examination of a wit had to do with the situation in Sara lished precedents of the Senate provide ness before him. toga: for punishment for disorderly behavior, The Senator I am now about to quote Mr. GAFFNEY. They have a police depart· after committee consideration of what is gone. As I have said, I regret that I ment there. action should be taken, and subsequent Senator TOBEY. You say there is a police discussion and vote on the floor of the have to bring this incident, which is a department there. You know that this man matter of public record, to the attention Senate. The Bingham case was a de Rox isn't worth a continental. parture from the established Senate pro of my colleagues, but I feel very deeply Mr. GAFFNEY. I pass no opinion on any about what is happening or what may policeman at all. cedure, and, in my opinion, should not be happen to the Senate of the United Senator ToBEY. Of course, you know that. followed in this case. States, and I desire the judg~s to·review We know them. Why didn't you- Second. The wording of Senate Reso the testimony. It has to do with a cross ·Mr. GAFFNEY. I know them. lution 301, 83d Congress, states no cause examination by the late Senator Tobey, Senator TOBEY. You say it wasn't your for disciplinary action by the Senate as of New Hampshire, in the crime investi duty. If I were the Governor of this State, contemplated by the Constitution. It I would give you just 5 minutes to get out fails to comply with the sixth amend gation hearings. of the place or I would kick you out. The Senator was questioning John A. ment to the Constitution, in that it does Gaffney, superintendent of New York That shows my colleague how a great not inform the accused Senator of the State police-part 7 of the crime hear and able public servant can lose his pa nature and cause of the accusation. The ings, page 425, February 13, 1951. Gam tience and temper when engaged in ex essential element of the alleged offense of bling in Saratoga was the subject, and amining or cross-examining a witness the Senator from Wisconsin is not stated in particular the failure of Superintend which is the most difficult branch of th~ in the indicting resolution-to wit: dis ent Gaffney to act on a report of such practice of law that I know of, the art orderly behavior. In the case of United gambling. Prior to the following ex of cross-examination, I may say to the States v. Potter (56 F. 83), the court change, Gaffney had disclaimed respon Senator from North Dakota [Mr. said: sibility for Saratoga gambling as being LANGER]. In order properly to inform the accused beyond his jurisdiction as a State officer. I now proceed to another subject. of the nature and cause of the accusation Senator Burton K. Wheeler, who ex within the meaning of this amendment and .Senator ToBEY. Just let us talk about Sara of the rules of common law, not only must toga. Your own deputies brought th«;l in· posed the alien property frauds, and con ducted many other investigations is all the elements of the offense be stated in formation to you. the in~iic~ment, but they must also be stated Mr. GAFFNEY. That is right. quoted in a column by John O'Don~ell with clearness and certainty. Senator TOBEY. You certainly would look printed in the New York Daily News of like a plugged nickel to me as superintend· October 1, 1954, and I can say to the In other words, if a Senator is to be ent of State police. · Senate that Senator Wheeler himself punished for disorderly behavior as is Mr. GAFFNEY. Thank you very much. has told me of this; and I have interro permitted under the Constituti~n. he I shall proceed with that in just a gated members of his family, to · see must be charged with disorderly be moment, but I should like to digress. whether, in fact, this statement is a cor havior, not with conduct unbecoming a rect one, because I wish to try to be Senator or conduct contrary to sena The superintendent of the State police torial traditions. of the largest State in the Union was fair with everyone. Senators who have being interrogated with respect to what served here for many years certainly Third. Congress has the constitutional one of our fellow members thought was know that Senator Burton K. Wheeler power to make all laws necessary and a dereliction of his duty. I do not think is one of the greatest lawyers ever to proper for carrying into execution the that a brigadier general, with regard to serve in this body, and today he enjoys powers vested by the Constitution in them. They may provide by law for his relations with a major, is entitled to a splendid practice in the Nation's Capi tal. I now quote from a statement made punishment of contempts, of affrays or any more consideration than is the head by him: tumult in their presence, but until the of the State police of the iargest State If they think that Senator McCARTHY has law be made, it does not exist, and does in the Union with respect to some of the been abusive and harsh to evasive and dodg not exist from their own neglect.-See activities of certain of his underling offi ing witnesses, let them go back and read reference Jefferson·~ Manual on page 5 cers. After Mr. Gaffney thanked sena- the transcripts of n:tY examinations. I went of this brief. 1954 - CONGRESSIONAL RECORD-·· SENATE 16103 Mr. HICKENLOOPER. Mr. President, and 4, which requires a Senator who leagues in the interest of the preserva will the Senator from Idaho yield for a is called to order to take his seat, where tion of the great precedents of this body. question? upon he is not allowed to proceed until Mr. LANGER. Mr. President, will the The PRESIDING OFFICER Mr. CASE. Mr. President, will the Army discharged her. I refer the Senatqr the distinguished · Sen~tor and great Senator further yield? to the U.S. News & World Report. lawyer, the junior Senator from Texas - Mr. WELKER. I yield. Mr. CASE. The Senator from Idaho [Mr. DANIEL]. Mr. CASE. The point I sought ~Q performed a very valuable service to the Such standards contemplate a written bring out was that in the first count m country and to the Senate in that re- accusation in compliance with the sixth this case there are two elements, namely, sp~~ . amendment. They include a fair and the failure to help the ·committee to Mr. WELKER. I wish to say to my impartial trial under the law as it now function and the use of abusive laJ?-guage, distinguished friend frllm South D~ is. The entire proceeding carries a sup which the committee felt combmed to kota-and this is not an attempt to gam position of innocence· of the accused until obstruct the legislative processes of the votes-that I would as readily do what he is proven guilty beyond a reasonable senate. I have previously pointed out little I have done, as I said yesterday, doubt. The burden is on the accusers during the day that in some cases one for a man whom I detested, as I would to establish the guilt of the accused be element is absent and in other cases t~e for the junior Senator from Wisconsin. yond a reasonable doubt. He, the ac other element is absent. Very appropri I am a great believer in justice. I see cused, is entitled to be confronted with ately, the Senator from Idaho ~as ci~ed before me a Senator-and I shall not the witnesses against him, and to have a number of cases for the consideratiOn name him but all Senators know him counsel for his defense. of Senators. In the La Follette case who has ~ot once but twice come into Fifth. Charges against the Senator of a there was apparently a definite rejection the Senate with the shadow of nearly criminal nature, such as income-tax vio of cooperation with the committee, but every sort of dishonest political charge lations, Federal and State Corrupt Prac perhaps not the combination with abu made against him that could possibly be tices Acts violations, and other charges sive language. In some of the other made against any Senator. Yes, com made by the Hennings committ~e should cases the Senator has cited there was mittees even reported that he not be not and could not be considered by the abusive language, but not the .failure to seated and that he be thrown out of the Senate in this action. Precedent against cooperate. It must always be a case for Senate of the United States. He is get considering such charges was long ago judgment as to whether the denunciation ting along in years now. He knows that set in the Humphrey case and in the of the committee and the failure to co I will stand up for him any day of the King-Schumaker case heretofore cited. operate are of such degree that, in the year. · . The Senate was held to have no juris terms of the words used by Mr. Williams, · What happened when the sovereign diction and for such offenses a Member, counsel for Senator McCARTHY, in the State he represents sent him back here like any other citizen, is ,amenable to the with the overwhelming majority he al courts of proper jurisdiction. memorandum brief filed with us, it ways enjoys? I do not know how many amounts to an obstruction of the legis Sixth. The law is not established con hundreds of vicious and vile charges cerning punishment of a Member for dis lative processes of the· Senate. were filed against my friend. Mr. WELKER. Let me reply tom~ dis orderly behavior prior to his election. As I have said repeatedly, the greatest The House Judiciary Committee consid tinguished friend, whom I respect highl_Y. honor that ever came to me in the prac that there has never beeh a precedent m ered such a procedure and stated its tice of law was when that distinguished opinion to be that such action would be the 165 years of this Republic wherein a man came to me, a young man in the resolution of censure was directed against an abuse of power and an excess of con practice of law, and said, "Herman, here stitutional authority. a Senator for language used, intemperate are some charges that are unfounded. or otherwise. If such were not the case, Will you represent me before the Sen Mr. President, in order to expedite I wonder what position we would be in, ate?" matters, I ask unanimous consent to in the case of the man we are trying I told him it would be the greatest have printed at this point in my remarks today before this great body of judges, honor that had ever come to me to do the learned discourse on the problem be now consisting of about 8 or 9, when all what little I could to defend the good fore us by Mr. James M. Beck, doctor 96 should be present, if every Senator name of a man I loved and always will of laws, and a former Solicitor General who had used abusive or intemperate love. of the United States. I should like to language against the junior Senator from That is the kind of Senate I always read it again, but because I have only a Wisconsin should have a censure reso want to see preserved. I hope when the private:-first-class guard to listen to me lution brought against him. Heaven wolves go after me, as surely they will if at this time, I think it would be useless. knows. We would work around the clock, the pending resolution is adopted, that The book to which I refer is The Van 24 hours a day, because, as Senators I shall have someone who will stand up ishing Rights of the States from which know-and I am the first to admit it and say a good word for me. Perhaps I quoted yesterday afternoon. To my the junior Senator from Wisconsin is a I have not done much, but I have done mind it is a profound bit of authority, controversial figure. ·certainly intem my best. and I like it very much. perate, vile, and vicious language has In concluding my remarks, I should There .being no objection, the matter been used against the junior Senator like to say that this group of judges cer was ordered to be printed in the RECORD, from Wisconsin, directly and by impli tainly is patient. There are now 8 as follows: cation. judges in the Chamber. That is not It is, however, equally clear,' that the act I further say to the Senate that from many, out of the 96 who may establish which would justify his expulsion, must have the bottom of my heart I am wondering, here a precedent that will haunt us the taken place since his election. What he did if this precedent is established, where in rest of our lives. I am not afraid of what prior to his election and qualification has heaven's name we will go and what will might happen to me. I am afraid of been passed upon by the people of his State. happen to those who accused the Senator what might happen to the great Senate In a political sense, it is res adjudicata. A from Wisconsin in the amendments to candidate for the Senate might have been of the United States. As I have said, if guilty of embezzlement before ·his election, the resolution of being a liar, and who a censure action be deemed advisable but the right of the people of that State used other intemperate language, when as a disciplinary process of the Senate, to send an embezzler to the Senate, if it he accused Annie Lee Moss of being a the Senate should set up such a process sees fit, is clear. Such decision is the sole Communist. That was the No.1 charge by its own rules or laws, but until then, right of the State. · on which they expected to "get" the censure, as a procedure in itself, does not It must not be supposed that the general junior Senator from Wisconsin. exist. Remember that the Benton-Foote grant of power to each branch of Congress Mr. CASE. Of course, they did not get to determine the qualifications of its Mem and Tillman-McLaurin cases were ~ot bers gives them an unlimited discretion in anywhere with the select committee on censure proceedings, censure being only determining the question of membership in that count. considered in those cases as a means of the body. The general language 'which the Mr. WELKER. Yes; and does the Sen punishment for disorderly behavior. Constitution uses must be read in connection ator know why they did not get any Fourth. Judicial standards of Ameri with the entire instrument and, thus read. where? It was because the Senator from it is unreasonable that the power to judge can jurisprudence should apply in an of the qualifications of its o.wn Members was. Idaho documented that case on August action of this·nature. or is, intended to destroy the rights of the 2. before the select committee even looked I like to refer again to the great dis States to select their own represe~tatives in at the case. Two days thereafter the course made on this subject matter by Congress. 1954 , CONGRESSIONAL RECORD-SENATE 16105
The Supreme Court has said, in the case of punished for a~ts prior to his election. eral Lawton stated with respect to U.S. v. Ballin (144 u.S. 1): The select committee stated "from an ex whether there was any animosity be · "The Constitution empowers each house amination and study of all available to determine times and rules of proceedings. tween General Zwicker and the junior It may not by its rules ignore constitutional precedents • • *" it was their opinion Senator from Wisconsin. It was a con rest-raints, or violate fundamental rights, and that the Senate has such power. A study clusion of law, but the select committee there should be a reasonable relation be of the citations made to support such a has used conclusions, hearsay, and about tween the mode or method of proceeding es conclusion fails to disclose a single everything I know of in the books that tablished by the rule and the result which is precedent concerning punishment of a would be excluded in a court of justice. sought to be attained." . · Member for acts prior to his election. I think my friend from North Caro To permit the Senate to expel a Senator The Senate Subcommittee on Privileges on the ground that, before his election, he lina said in response to my question that had been either a fool or a knave, would and Elections which considered the he had heard it discussed that General revolutionize our theory of constitutional charges against the junior Senator from Lawton had the impression that Zwicker government. All this had been passed upon Wisconsin for a period of almost 2 years did not like the junior Senator from before the Constitution was framed in the prior to his election .held the opposite Wisconsin or the committee. great John Wilkes controversy. view to that of this select committee. Now, Mr. President, I am nearing the The next pertinent provision is the last See page 52a of the report of the inves end of this extensive presentation of my paragraph of section 6, which reads as fol tigation under Senate Resolution 187, views on the law and the fa:cts concern~ lows: • • • • • 82d Congress. ing the proposed censure of Senator Me~ The author has thus quoted every perti I refer to the Gillette-Hennings com_. CARTHY. I have tried conscientiously to · nent provision of the Constitution. Reading mittee, which made its final report to the present the law as it is and as it has them together, it seems too clear for argu Senate. I .read: · been construed in past similar incidents. ment that each State has the right to select A number of its aspects have become moot If I am denied the right to be heard by from its people any representative in the by reason of the 1952 election. Such facts all the judges I am proud of the fact that Senate that it sees fit, irrespective of his therein as were known to the people of the Joe and Jean McCarthy are friends of intellectual or moral qualifications, ~nd that States particularly affected have been passed the only limitations upon such choice are, upon by the people themselves in the elec mine. If I am denied such right to be that he shall be ·ao years of age, a citizen of tion. heard, then justice has indeed gone a the United States for at least 9 years, an long way down the drain. inhabitant of the State, and that he shall This, to me, seems to be fundamental, I have tried to keep personalities out not hold any _office under the United States, good, common horsesense. of this matter. I knew the allegation and that he shall not have engaged in in Should the opinion of the select com would be made that the "Charlie Mc surrection or rebellion against the United mittee prevail in this action, and it is Carthy" of JoE McCARTHY was here try States, or given aid or comfort to the enemies only an opinion with no backing of es thereof, unless in the latter contingency, the ing to defend him. Under similar cir Congress, by a vote of two-thirds, shall re tablished precedent, countless discipli cumstances I would defend, with any move such disability. nary actions could be instituted, includ ability I may have, any fellow Senator In all other respects the right of the State ing expulsion of Members for acts com upon the floor of the Senate, regardless ts absolute and unimpaired. A State may mitted at any time in the past. Elec of political faith or of the State whence have selected a Member of the Senate or se tions could be nullified and State elector... he comes. · cured his nomination by unworthy means. ates could be thwarted in their choice of I nave tried to show the ,inherent dan~ He may have spent more to secure such Senators. To· say the establishment of ger in upsetting the old precedents,· in nomination than many would think proper such a precedent would be dangerous disregarding the admonitions contained or legitimate. He may be .intellectually un would be only mildly expressing the pos fitted for the high office, and his moral char in Jefferson's Manual, in the sound view acter may, in other respects, leave much to sible disastrous effects of such a policy. presented by the House Judiciary Com be desired. The General Zwicker incident is a mittee. I sincerely hope that a code of The people of the United States may justi question of fact more than of law. The ethics may be adopted by this body so fiably think that the State has sent to Con true facts cannot be adjudged by the that Members of the Senate may know gress an unfit man, who could add nothing printed testimony. More important their rights. So that they may not be to its deliberations, and whose influence may than the printed words is the demeanor threatened by censure for acts which are well be pernicious. Nonetheless, the State of the witness on the stand, his inflec not specified to be censurable. So that has the right to send him. It is its sole tions of voice, his manner of testifying, concern, and to nullify its choice is to de a Member will not be tried according to stroy the basic right of a sovereign State, whether he manifests any bias or the passions of the moment, and on and amounts to a revolution. prejudice for or against the one accused. charges originally prepared by a com In this matter we must not be pragmatists. Yet the select committee arrived at a mittee whose headquarters are across If the Senate has the right to nullify the conclusion without consideration of these the street in the Carroll Arms Hotel. action of a sovereign State in this matter for factors and the Members of the Senate That was established by the fine cross goOd reasons, it has equally the right to will have to do likewise, if they vote to examination by our distinguished and nullify it for bad reasons. The State may censure. able majority leader in either the last send a representative to the Senate, who Mr. President, in interrogating the has the intellectual ability of Webster, and part of July or the early part of August. the unimpeachable morality of George Wash members of the select committee with Until such a code is adopted by the ington, but he may be a member of a politi respect to what, if any, consideration Senate, let us abide by the established cal party which, at the time, is in a minority. they gave to the man who raised his precedents, undeF the Constitution, and If the Senate rejects such a man it is possible hand to God and swore that within 12 dismiss this attempted radical departure that the plain usurpation of the power of to 14 inches of his ear he heard General from precedent as a nullity from its in the State cannot be questioned in any ju Zwicker call the man on trial, the junior ception. dicial proceeding. The sole remedy may be, Senator from Wisconsin, an s. o. b., I as in the case of John Wilkes, in an appeal After all, the American people have to the people, but while the victim might brought that out to show the attitude, spoken. The junior Senator from Wis represent the majority of the people of his the demeanor, and so forth, of the wit consin always will be a controversial fig State, his party's representation in the Sen ness. I cannot believe we can do a re ure, as will be many others among us. ate might well be only a minority, and thus, take of the testimony of a witness on We shall have our friends, and we shall the right of one State to select its own rep the stand. If so, I can assure the mem have our enemies. resentative could be nullified as long as a bers of the select committee that I majority of the Senate, composed of the rep The people of the Nation, by their vote resentatives of other States, saw fit to refuse should like to go back to the practice last November 2, took away from the him his credentials, or as long as two-thirds of law and do a retake on a few of my junior Senator from Wisconsin his chair of the Senate saw fit to expel him. mistakes, because I could dress them up manship of the Senate Permanent Sub If such a power exists,. then the greatest of very nicely and I would not make the committee on Investigations. But, as a all States' rights has become little more than mistakes I made at the trial. personal observation,. I hope that no a scrap o! paper. I asked my distinguished friend from Member of the Senate-and, in my ·Mr. WELKER. Mr. President, there is North Carolina [Mr. ERVIN] if he had opinion, they are all great Americans no precedent whereby a Member. can be given any consideration ·to what Gen- -ever will lessen his attacks upon and 16106 CONGRESSIONAL RECORD-SENATE November 17 his efforts to defeat the tyranny which is wise and political ·to censure or that dence available to the State Department it is wise and political to invite censure. Review Board may have differed in scope would destroy the freedom of our coun from that surveyed 2 years ago by the In try. The first freedom which such But God give them strength to come to ternal Security Subcommittee under the tyranny would . seek to destroy is the their senses, because they know not chairmanship of the late Senator Pat McCar greatest deliberative body in the world, what they think. ran, but I do know that the particular epi· the United States Senate. Let us, I pray, leave this body as we sode involving Mr. Davies which moved the Please remember, Mr. President and found it. Let us not destroy it. In my subcommittee to investigate was considered at great length by the Board. Knowing what my respected colleagues, th~t a~y on~ of concluding remarks I wish to say some thing that reflects my feeling from the that episode entailed, I am greatly surprised us today sitting as a judge m thlS action by the nature of the attack by columnists may tomorrow:, if the theory of t~e.select bottom of my heart. It is a great honor on the final decision by Secretary Dulles to committee shall be upheld, be s1ttmg as to be a Member of this body. I have dismiss Mr. Davies. These columnists would a judge by virtue of an offense unde had my little differences, but I know have us believe that Mr. Davies was dis fined, not proscribed, by rule or law, and that I have many friends in the Senate. missed because of an expression of his views regardless of the time of its occurrence. Mr. President, I wish to read what that proved to be erroneous. The matter is Assuming there might be a landslide was said by a Senator who was leaving much more serious than that and involves this body in 1917. I cannot improve Mr. Davies' acts. victory for Democrats or Republicans In November 1949, John Paton Davies, Jr., let us assume, for the purpose of argu upon his language. The gentl~man was who was then a member of the Policy Plan· ment, that there might be in the Senate Senator Clapp. His remarks are re ning Board of the State Department, sum only 20 Republicans, and 76 Democrats, ported on page 4913 of volume 54, moned two officers of the Central Intelli or vice versa-if such a precedent should part 5, of the CONGRESSIONAL RECORD for gence Agency and recommended to that be set as the adoption of the pending the 64th Congress, 2d session. Oh, how Agency that six named persons be estab true this is, Mr. President: lished as a unit to give guidance to a pro resolution would establish, God help any posed CIA operation that was classified future senator who might raise his voice I believe the American Senate is the as top secret. The six persons were: Agnes in a manner objectionable to the mili grandest body of men assembled upon this earth. We have our differences, our strug Smedley, Anna Louise Strong, Mr. and Mrs. tant opposite party. I pray that that John K. Fairbank, Edgar Snow, and Benja· will never happen. I feel that it never gles, our rivalries, and our ambitions. But min Schwartz. back of all that there is a genuineness of Agnes Snredley, Anna Louise Strong, John will happen, because I am confident that friendship which I doubt can be found else the people of the sovereign States, whose K. Fairbank and Edgar Snow have since where in the association of men with men. been shown by the record of the Internal rights must be respected, will send to the That association, in its closer and daily rela Security Subcommittee to have been in United States Congress only great tions, I am about to terminate. I shall look volved in varying degrees with Communist Americans, both Democrats and Repub back with pleasure to these associations and activity. At the time it will be recalled that licans, who would not stoop to such a low the kindnesses that have been shown me by Miss Smedley had just been cleared by the level. one and all. I wish for one and all the full Pentagon after General Willoughby, General measure of happiness and success and with MacArthur's intelligence officer in Tokyo, had I heard it said by my friend, the dis no regrets save the regret of separation I tinguished junior Senator from North linked her with Soviet espionage activity. shall ever remember with affection and kind This should be stated because since that carolina [Mr. ERVIN], when he closed regard my association and the kindness with time, the Internal Security Subcommittee his remarks-and it sounded to me like which I have been treated by my fellow Sen has adduced proof of Miss Smedley's Com the argument I have made so many times ators. munist activities, and she has died and re· when I have attempted to defend the I wish to say to the judges, especially vealed that the executor of her estate was defenseless and the oppressed-Will the the Chinese Co~unist General Chu Teh, the few who have honored me by listen to whom she willed all her property. Now Senate of the United States be men and ing to this long discourse on what I con women? In effect, he said, "Will you it is generally conceded that General Wil.. sider to be the law, I appreciate their loughby's charge was completely justified, have the nerve and the integrity to go attention from the bottom of my heart. but in 1949 a general in th«;l United States through with what millions of Americans I hope that I am correct in the stand Army was publicly reproved by the Pentagon want you to do?" I have taken. for saying what has since been accepted by Let Senators take a look at their mail I have about ended my first, and I all as the truth. Such was the official at from throughout this land. The moth hope my last, speech upon the subject titude toward Miss Smedley at that tinre. ers and fathers of 3 million American Mr. Davies further proposed that John K. before the Senate although probably I Fairbank be tl1e head of this unit that was boys-yes, truly, I can say at least .30 could make further research into the to give guidance to the CIA. After the million people-are watching the delib subject matter. The case is in the hands CIA officers heard his proposal, Mr. Da erations of the Senate today. They of the judges, who are sworn to hear the vies assured them that two of these people, want nothing done which might give aid evidence and try the facts. Let not bit at least, John K. Fairbank and his wife, were and comfort to the enemy. terness be in your hearts. Let the spirit not Communists but were only very politi Let there be no misunderstanding. I of the blind goddess, who holds the cally sophisticated people. Other oontem. would never accuse any select commit poraneous memoranda, moreover, revealed scales of justice in equal balance, gov to the subcommittee that Mr. Davies likened tee of doing that. I am accusing the ern your deliberations, for this time, and all of these people to a certain sophisticated Kremlin of it. If they could divide this for all time to come. :Political officer then With the CIA who great body of ours, nothing would give I thank my cplleagues. I respect them was in fact vigorously anti-Communist. He them more happiness, nothing would one and all. did this by way of assuring the CIA officers give them more power. of the merit of his proposal. _ This whole Let us not indulge in sheer folly. Let proposition thus belied the relationship of THE CASE OF JOHN PATON DAVIES double agents. · us, I pray, quit name calling. Let . us When Admiral Hillenkoetter, then head of bind up our wounds, if that is possible. Mr. JENNER. Mr. President, I issued the CIA, heard about the project, he got in I have seen them bound up before by a statement yesterday because I was un touch with the FBI to check the security statesmen much more able than is the able to obtain the floor. At this time I standing of the personnel involved. After man who is on trial today. I have heard he had talked with J. Edgar Hoover, he sum ask unanimous consent to have the marily rejected the project. Shortly there the immortar Bob Taft abused and ma statement prepared by me printed in ligned upon the :floor of the Senate by after, Admiral Hillenkoetter left the CIA. the body of the RECORD. Subsequently at least four other officers in statesmen of great repute. But after There being no objection, the state the CIA who opposed the Davies recommen• the heat and passion of debate those ment was ordered to be printed in the dation were eased out ·of that organization. men realized that they were all Members RECORD, as follows: no one of whom has been defended by any of the greatest deliberative body in the one so far as I can learn. THE CASE OF JOHN PATON DAVIES world. . . When the Internal Security Subcommittee, We cannot allow petty folly to divide (Statement by Senator WILLIAM E. JENNER, under Senator McCarran, looked into these chairman, Senate Internal Security Sub- facts, the Senators~ were shocked by what us. God help us, so that it never will committee) · they learned. The Senators on the subcom divide us. I have been asked to comment on the dis mittee were clearly convinced that what Mr. There may be those among us who missal of John P. Davies, Jr., by Secretary of Davies was recommending was not a double might in the heat of passion think it State John Foste~; Dulles. Of course the evi- agent operation, for the facts. did not al~ow 1954 CONGRESSIONAL RECORD- SENATE 16107 such a conclusion. When Davies himself was less than forthright in his response to ques· seems to be growing daily. If the investiga. questioned about the episode, his testimony tions. Conclusions thus arrived at by an tive processes of the Senate are allowed to was found to be so unsatisfactory that the impartial security hearing board are, I be':" function, I should like to see the whole case 7 senators on the subcommittee unani· lieve, entitled to much weight, particularly openly reviewed by the Internal Security mously concluded that he told at least 7 when those conclusions are consistent with Subcommittee; perhaps then we would more untruths, and referred the record of the case the written record which I have examined." clearly understand what forces are trying to to the Department of Justice with a recom When Gen. Bedell Smith testified under stifie investigation of security risks and the mendation that it be laid before a grand oath before the Internal Security Subcom· elimination of such risks from our Govern- jury. mittee, he stated that he regarded Mr. · ment. In dismissing Mr. Davies, Secretary Dulles Davies as a security risk but acknowledged stated: that he had defended Mr. Davies' loyalty "I have reached my determination as the a distinction made by the head of the CIA RECESS TO 11 A. M. TOMORROW law requires on the basis of my own inde pendent examination of the record. One of that so~e Senators had difficulty !econciling Mr. KNOWLAND. Mr. President, I the facts of that record is the unanimous with the high standard that should be set now move that the Senate stand in re conclusion of the members of the security under such circumstances. General Smith cess until 11 o'clock tomorrow morning. board that the personal demeanor of Mr. explained his position by saying he did not Davies as a witness before them when he consider any person to be disloyal unless he The motion was agreed to; and EXTENSIONS OF REMARKS . International Scientific Cooperation This program encompasses a many-faceted physics, aurora and alrglow, geomagnetism. investigation of our planet: the surface and cosmic rays, and rocket exploration · of the core of the earth, the oceans and their upper atmosphere. The researches will be EXTENSION OF REMARKS depths, the atmosphere. conducted in four major geographical regions OF These features of our environment, par· of importance to our national interests: ( 1) ticularly the atmosphere and the oceans, Arctic and sub-Arctic; (2) middle latitudes HON. ALEXANDER WILEY ai!ect the daily lives of all individuals, the of the Northern and Southern Hemispheres transactions of commerce and industry, the (including the United States, Central Amer· OF WISCONSIN safe conduct of land, sea, and air ·travel and lea, South America, and adjacent parts of IN THE SENATE OF THE UNITED STATES transportation, and the range and reliability the Atlantic and Pacific Oceans); (3) the equatorial Pacific (largely the Micronesia Wednesday, November 17, 1954 of all radio communication and navigation systems. This environment controls, in group of island possessions and trust terri· Mr. WILEY. Mr. President, science these and many other ways·, both the civilian tories of the United States); and (4) the has shattered the barriers of space and and defense welfare of the Nation. Antarctic and sub-Antarctic. Our knowledge of most of these fields is This program of basic research tn the time in this atomic age. Here in this presently inadequate. In large measure this earth sciences will add appreciably to our country, the overwhelming proportion of stems from the worldwide nature of geo· knowledge and understanding of the several our scientific effort is devoted to creat physical events. fields. It will also, because geophysical data ing a better, more- prosperous, more Storms for~ing off the east coast of Asia have immediate value in such fields as fruitful life for our people and the peo may cause a cold wave to surge over the weather and radio-frequency forecasting. ples of the world~ Some of ou~ sc1e.ntific United States a week later, which may in provide technical information of immediate effort is necessarily devoted to the needs turn create 'a new storm in the mid-Atlantic practical value. The interest of the Nation of our own national defense. But much and subsequent fioods and snow avalanches in both these areas has been carefully con in Europe. Solar fiares create magnetic dis sidered by many scientists, by the United effort is also expended, in cooperation turbances and may cause failure of all radio States national committee, and by the Na· with the scientists of other nations, in communications over an appreciable region of tional Academy of Sciences. It has been exploring the phenomena of this the earth. Each of the fields in the proposed reviewed and approved by the National Sci planet-the physical aspects of the sky, international program (for example, meteor· ence Board. of the waters, and of the ground. ology, oceanography, ionospheric physics, and The interests of the Government in the I sel}d to the desk a summary state cosmic rays) is characterized by its global program are exceedingly great. The several ment describing United States coopera nature and its relation to solar energy and agencies having responsibilities in various tion with the forces of international sci disturbances. To advance in these fields ac areas involving or depending upon geophysi· cordingly requires measurements and obser· cal phenomena are acquainted with the pro· ence. It points out, incidentally, that- vations all over the world. These measure· gram. Members of several of their stai!s Each of the fields in the • • • interna. ments, for maximum results with minimum have assisted in the formulation of the pro· tional program (for example, meteorology, ei!ort, must be made simultaneously· by all gram. The Bureau of the Budget requested oceanography, ionospheric, physics and cos· nations so that the worldwide pattern in each reviews by the Departments of State, Defense mic rays) is characterized by its global na· field can be established and so that the rela and Commerce, the Office of Defense Mobili· ~ure- tionships between fields can be determined. zation, and the Atomic Energy Commission. These technical considerations led to the The National Science Foundation and the · I emphasize ''its global nature"- proposal of the· International Geophysical National Academy of Sciences have also con and its relation to solar energy and disturb· Year, and the period of time chosen for this sulted these agencies. Their letters of ances. intensive research program, 1957-58, was endorsement have been received. chosen largely because it coincides with a The budget for the scientific program to I point out incidentally that our forth period of maximum sun-spot activity. be undertaken by the· various· nations is coming expedition to the Antarctic is a The program of the United States was ·estimated to total approximately $100 mil· part of our program of national scientific formulated by the United States National lion. Each nation provides for its own exploration, as well as of international Committee for the International Geophysical funds; no pooling of funds or subsidies. are cooperation. Year. This committee was established by involved. The United States scientific pro the National Academy of Sciences-National gram calls for total expenditures of $13 I ask unanimous consent that this sci million. Of this, $2.5 million are required entific summary be printed in the Ap Research Council as the adhereing body of the United States to the International Coun· during fiscal year 1955 for the procurement pendix of the CONGRESSIONAL RECORD. of scientific equipment and instrumenta There being no objection, the sum cil of Scientific Unions. The committee was tion--e. g., upper atmosphere rockets and assisted in its plans by leading scientists of automatic ionospheric recorders-having a mary was ordered to be printed in the the Nation in private laboratories, universi· REcoRD, as follows: · 2-year lead. time; the remaining funds wiU ties, and such Federal agencies as the De· be needed in fiscal year 1956. The program SUMMARY ON INTERNATIONAL SciENTIFIC partments of Defense and Commerce. The will largely be conducted by grants to private COOPERATION United States program is a national program. research institutions and universities; exist• The international geophysical year desig· based on our Nation's needs. It encom• ing Federal facilities, where unique experf· nates a major research ei!ort to be conducted passes work under eight major categories: ence exists, will be utilized for the economic cooperatively by many nations: 29 are now astra-geophysical measurements, meteorol· procurement of major items of specialized participants and others are expected to join. ogy, oceanography, and glaciology, ionospheric equipment.