13836 CONGRESSIONAL _RECORD- HOUSE July 15 Arnold R. Jones, of Kansas, to be a tilled spirits for purposes deemed necessary the Senate recede from its disagreement to member of the Board of Directors of the to meet the requirements o! the national de­ the amendment of the House and agree to Tennessee Valley Authority for the term ex­ fense. the same. piring May 18, 1966. The committee of conference strongly em­ phasizes that, with respect to the repeal of THE MISSISSIPPI RIVER COMMISSION MESSAGE FROM THE SENATE certain provisions of existing law by section Brig. Gen. William W. Lapsley, United A message from the Senate, by Mr. 16 (b) of this legislation as agreed to in con­ States Army (lieutenant colonel, Corps of ference, it is intended that, when by act of Engineers) , to be a member of the Missis­ McGown, one of its clerks, announced Congress employees in the United States re­ sippi River Commission. that the Senate had passed a bill of the ceive pay increases, United States citizen em­ following title, in which the concurrence ployees in the Canal Zone now covered by the I I ...... •• of the House is requested: laws being repealed by such section 16 (b) S. 3880. An act to create a Civil Aeronau­ will not be deprived of benefits which would HOUSE OF REPRESENTATIVES tics Board and a Federal Aviation Agency, have accrued to them if such laws had not to provide for the regulation and promotion been so repealed. TUESDAY, JULY 15, 1958 of civil aviation in such a manner as to best By the repeal by such section 16 (b) of foster its development and safety, and to certain provisions of existing law, the com­ The House met at 12 o'clock noon. provide for the safe and efficient use of tbe mittee of conference again strongly empha­ The Chaplain, Rev. Bernard Braskamp, airspace by both civil and military aircraft. sizes that it is not intended to deprive the four groups of employees concerned of any D. D., offered the following prayer: wage benefits. It is the intent of the Con­ Psalm 25: 4: Show me Thy ways, 0 IMPLEMENTATION OF WAGE AND gress that the precedent established in the Lord; teach me Thy paths. EMPLOYMENT PRACTICES AGREE­ Canal Zone in relating Canal Zone wage in­ creases to comparable wage increases in the Almighty God, grant that we may MENT WITH REPUBLIC OF PANAMA never doubt Thy divine sovereignty and United States will continue to be followed. Mr. MURRAY. Mr. Speaker, I call It is in the light of the intent of the Con­ control over the affairs and destinies of gress as above stated that the repeal of cer­ men and of nations. up the conference report on the bill evidence that the pay policy of the form pay policy. Some systems base kind. Federal Government falls short of these salary rates on the degrees of difficulty Therefore, I propose: criteria. and responsibility of the job, but recog­ I. That there be established a Joint During recent years it has become nize no difference between individuals Commission on the Civilian Employee more and more difficult for the Federal with minimum qualifications and those Compensation Policy of the Federal Gov­ Government to recruit and retain com­ of above average ability. Others, such as ernment, the Commission to be composed petent employees because its salary the Foreign Service and Veterans' Ad­ of 15 members: scales often have not remained competi­ ministration Medical and Surgical Serv­ One the Chairman, to be appointed tive with those of non-Federal employ­ ice, set salaries on the basis of the per­ by th~ President; ment. The recent debates in the Con­ sonal qualifications of the individual. Three members of the executive gress on the postal and classified pay For those positions where salary is branch, 'to be appointed by the Presi- bills have emphasized the problems in­ established by statute there are no clear­ dent; · herent in a system which depends ex­ cut criteria for determining when pay Four, Members of the Senate, to be clusively on the legislative process for the adjustments are necessary or the amount appointed by the President of the Sen­ periodic adjustment of salary schedules. of adjustment to be made. ate; A number of Members of Congress have The periods between pay adjustments Four, Members of the House of Repre­ expressed a desire for a better way of ad­ sentatives, to be appointed by the Speak­ vary from annually for employees whose er of the House; and justing the pay of Government em­ wages are fixed by wage boards to an Three, representing the public, to be ployees. average of every 20 years for Members of appointed by the President. It has been more than 30 years since a Congress, Federal judges, and members II. That appropriations be made suffi­ comprehensive review has been made of of the President's Cabinet. The rigidity cient to enable the Commission to employ the manner in which the Federal Gov­ in the pay of top Government officials an Executive Director and necessary staff ernment compensates its employees. has had the effect of depressing the and to engage the services of experts During this period the size of the Gov­ salaries of career employees in the upper from outside the Federal Government. ernment and the complexity of its ac­ grades and has resulted in a gradual but The Commission should be authorized to tivities have increased enormously. As progressive distortion of what were orig­ draw upon the facilities and personnel new activities have been added, new pay inally sound salary structures. of any of the agencies of the Govern­ systems have been created. In summary, periodic revisions of the ment. It is estimated that there are now at Classification Act salary schedule, the III: That the Commission be directed least 77 different pay plans in the execu­ granting of numerous exemptions, and to study ·all compensation systems in all tive branch. Nearly a million employees the development of new categori'es of em­ three branches of the Federal Govern­ under the Classification Act and another ployees have all resulted in a variety of ment and determine upon a compensa­ one-half million under the postal service pay systems, a lack of sound relation­ tion policy which will provide equitable have their pay fixed and adjusted by ships among the salaries of various treatment for all, and which will con­ statute. Another large group, th3 777,- groups, and a failure to provide equitable tribute to the Government's ability to 000 blue collar employees, have their treatment for all Federal employees. recruit and retain an adequate work wages adjusted from ti,me to time by the The piecemeal approach to this problem force of qualified individuals. heads of employing agencies in accord­ has put an excessive demand on the time A. In discharging this duty: ance with prevailing rates. Pay rates of the Congress and has subjected it to 1. The Commission should, in ad­ under some of the remaining plans are a variety of pressures. The lack of co­ dition to considering past studies, con­ set by statute and others are fixed by ordination among the various pay sys­ duct any other studies necessary to pro­ agency heads. Moreover, when an tems has resulted in inequities and has vide itself with relevant and current in­ agency head fixes such rates he operates adversely affected the Government's formation regarding salary structures under statutory restrictions which vary ability to recruit and retain all of the within the Federal Government. from one system to another. It has been qualified people needed to conduct the 2. The Commission, because the mili­ found that there are more than 300 dif­ Nation's business in an efficient and sat- tary pay. system is newly and entirely ferent statutes bearing on the pay of isfactory manner. · revised, should consider it only to the Federal employees. In recent years a number of groups extent of its relationship to other com­ Over the past 10 years adjustments in have studied the pay problems of various pensation systems. the salaries of most white collar workers segments of the Government. These 3. The Commission should recognize have been made on the average of once groups include the Commission on Judi­ that the Foreign Service pay system i~ every 2 ¥2 years. Blue collar workers, on cial and Congressional Salaries, the De­ unique and is designed to fulfill a need the other hand, have averaged one fense Advisory ·Committee on Profes• not elsewhere encountered in the Gov­ adjustment annually. The total per­ sional and Technical Compensation ernment ap.d that, therefore, it must re­ centage of increase thus realized by blue (Cordiner committee), and the Commit­ main a separate system. collar workers is considerably in excess tee on Scientists and Engineers. The B. The Commission should make rec­ of that realized by white collar workers most recent study was made by the In­ ommendations, among other things, as whose pay is fixed by statute. As a re­ terdepartmental Committee on Civilian to: sult, supervisors in some establishments, Compensation and Pay Systems Within 1. The criteria to be followed in ere .. because their pay is fixed by statute, are the Executive Branch. Copies of this last ating a sound basic compensation struc.. receiving less money than their blue report will be made available to the ture, including the criteria for determin­ collar subordinates. This is but one ex­ Congress shortly. ing the proper number of grade levels, ample of the many inconsistencies The reports of these studies have each within grade salary ranges and between among the many systems. made some sound recommendations for grade differentials. The inadequacy of Federal pay rates, correcting certain of the deficiencies of 2. The criteria to be followed in de­ at least for certain levels and kinds of the Federal pay systems-but few have termining the actual salaries to be paid work, has led the Government to im- been adopted. None dealt with the com- under the basic compensation structure. 1958 CONGRESSIONAL RECORD- HOUSE 13839 3. The methods to be employed in first violated every principle of inter­ OLIVE V. RABINIAUX making subsequent salary adjustments national law, not to mention the tacit The Clerk called the first bill, S. 2621, without impairing the basic compensa­ understanding which we had maintained for the relief of Olive V. Rabiniaux. tion structure. in saving him from much needed chas­ There being no objection, the Clerk 4. The criteria to be followed in de­ tisement by those he had plundered in read the bill, as follows: termining whether, in a particular case, connection with his indefensible confis­ a special pay system is needed. Be it enacted, etc., That, notwithstanding cation of the Suez Canal, the present the provisions of section 212 (a) (9) of the 5. The criteria to be followed in estab­ crisis would have been avoided. Immigration and Nationality Act, Olive v. lishing sound relationships between ca­ Now, Mr. Speaker, I have no desire to Rabiniaux may be issued a visa and be ad­ reer employees ·pay systems, between the· discuss foreign relations. I am wholly mitted to the United States for permanent compensation of career employees and uninformed on current international af­ residence, if she is found to be otherwise that of elected and appointed officials, fairs; and in referring to them I am admissible under the provisions of such act: and between salaries paid in all three speaking strictly privatim as a private Provided, That this exemption shall apply branches of the Government; also, the citizen. But I do wish to refer in this only to a ground for exclusion of which the Department of State or the Department of methods to be employed to insure the connection to three appropriation bills Justice has knowledge prior to the enact­ maintenance of these sound relation­ which are still pending and which have ment of this act. ships when salary adjustments subse­ not yet been taken up in conference, the quently are made. foreign aid bill, the defense bill and the The bill was ordered to be read a third 6. The feasibility and advisability of public works bill. In all three of these time, was read the third time, and increased administrative authority to fix bills there are millions of dollars that passed, and a motion to reconsider was· and adjust salaries, and the means of must be borrowed for purposes and proj­ laid on the table. exercising such authority. ects which we could do without. Half a IV. That the Commission be directed dozen responsible members of the House to complete its work and submit a re­ Appropriations Committee could sit EVA S. WINDER port to the President and the Congress down together and blue pencil out of The Clerk called the bill CS. 488) for on or before January 1, 1960. them billions of dollars which can be the relief of Eva S. Winder. I urge the enactment of legislation deferred without inconvenience or preju­ Mr. LANE. Mr. Speaker, I ask unani­ during the current session of the Con­ dice to any department of the Govern­ mous consent that this bill be pased over gress to carry out these proposals. ment, at least until our international without prejudice. DWIGHT D. EISENHOWER. problems are composed, and the peace of The SPEAKER. Is there objection to THE WHITE HOUSE, July 15, 195~. the world is assured. the request of the gentleman from I earnestly invite Members of the Massachusetts? House to take into consideration the im­ There was no objection. PUBLIC WORKS APPROPRIATION portance of developing not only military BILL, 1959 strength, but economic strength as well Mr. CANNON. Mr. Speaker, I ask in order to establish and maintain per­ CASEY JIMENEZ manent world peace. unanimous consent to take from the The Clerk called the bill CS. 1879) for Speaker's table the bill deed toT. E. polish off Nasser in the beginning when The SPEAKER. This is Private Cal­ Steed, of the county of Alamance, State of it was merely a matter of hours, or if we endar day. The Clerk will call the first North Carolina, and to his heirs and assigns, had intervened in Lebanon when Nasser bill on the Private Calendar. all right, title, and interest of the United 13840 CONGRESSIONAL RECORD- HOUSE July 15 States in and to fissionable materials, urani­ be determined by the Administrator of Gen­ sent of the Senate, may appoint in the um, thorium, and all other minerals deter­ eral Services. regular grade of brigadier general in the mined pursuant to section 5 (b) (1) of the Regular Army, Robert Wesley Colglazier, Jr., Atomic Energy Act of 1946 (60 Stat. 761) to The bill was ordered to be engrossed a member of the Army Reserve presently be peculiarly essential to the production of and read a third time, was read the third serving on active duty in the grade of major fissionable material, contained in the tract time, and passed, and a motion to recon­ general. of land in Burlington Township, county of sider was laid on the table. (b) The person appointed under subsec­ Alamance, State of North Carolina, which tion (a) shall, while on the active list, be was conveyed to said T. E. Steed by quitclaim charged against the authorized strength of deed executed August 20, 1947, by the Re­ BRIG.GEN.CHESTERW.GOBLE the Regular Army in general officers on the construction Finance Corporation (recorded active list. on December 22, 1947, at book No. 169, The Clerk called the bill (S. 655) for (c) The person appointed under subsec­ pp. 310-312, of the deed records of Ala­ the relief of Brig. Gen. Chester W. Goble. tion (a) may not be retired, other than for mance County, N. C.), as supplemented by There being no objection, the Clerk physical disability, before he becomes 60 an amendatory quitclaim deed executed De­ read the bill, as follows: years of age. cember 6, 1954, by the United States through Be it enacted, etc., That Brig. Gen. Chester (d) The Secretary of the Army may re­ the Administrator of General Services (re­ W. Goble, Army of the United States, retired, tire the person appointed under subsection corded February 9, 1955, at book No. 231, pp. shall be advanced on the Army of the United (a) after he becomes 60 years of age. The 385-387, of the deed records of such county). States retired list to the rank of major gen­ person appointed under subsection (a) may eral effective March 1, 1955, and shall be en­ be retired, upon his request, after he be­ The bill was ordered to be read a third comes 60 years of age. time, was read a third time, and titled to retired pay from such date com­ puted on the basis of the rate of basic pay (e) If the person appointed under sub­ passed, and a motion to reconsider was to which he would be entitled if serving on section (a) is retired under subsection (d) laid on the table. active duty in the grade of major general. with less than 20 years active service as a commissioned officer, he is entitled to re­ The bill was ordered to be read a tired pay computed under formula num­ CONVEYANCE OF INTERESTS OF third time, was read the third time, and bered 3, section 1401 of title 10, "linited THE UNITED STATES IN AND TO passed, and a motion to reconsider was States Code. However, if the person ap-:­ URANIUM, THORIUM AND OTHER laid on the table. pointed under subsection (a) is retired after he has 20 years of active service as a MATERIALS IN CERTAIN TRACTS commissioned officer, as defined by section OF LAND SITUATED IN JACKSON PHILIP FERDINAND LINDEMAN 3926 of title 10, United States Code, he is COUNTY, MISS. entitled to retired pay computed under for­ The Clerk called the bill (H. R. 9299) mula C, section 3991 of title 10, United States The Clerk called the bill contract to the contrary notwithstanding. the Treasury is authorized and directed to pay, out of any money in the Treasury not Any person violating the provisions of this pay, out of any money in the Treasury not otherwise appropriated to John I. Strong, act shall be dee:w.ed guilty of a misdemeanor otherwise appropriated, to Col. John T. Maitland, Fla., the sum of $2,013.92. The and upon conviction thereof shall be fined in Malloy, 0-18576, United States Army, the payment of such sum shall be in full settle­ any sum not exceeding $1,000. sum of $1 ,347.59, in full satisfaction of all ment of all claims of the said John I. Strong The bill was ordered to be engrossed claims against the United States for reim­ against the United States for compensation bursement of expenses incurred by him in for damage caused to citrus trees and other and read a third time, was read the third connection with the payment of ocean property owned by him on October 30, 1952, time, and passed, and a motion to recon­ freight transportation on his private auto­ when two jet aircraft of the United States Air sider was laid on the table. mobile from San Francisco, Calif., to Java Force collided in midair and one of them and return. The Army orders issued inci­ fell and exploded on his property. Such cident to these shipments authorized the claims are not cognizable under the tort S. N. T.FRATELUGONDRAND transport of one privately owned automo­ claims procedure as provided in title 28 of The Clerk called the resolution personal property resulting C. A.NOLAN from a fire at the area on September 29, 1956, The Clerk called the bill fee simple title. exceed'lng $1,000. barring of claims against the United States," SEc. 2. The conveyance referred to in the approved October 9, 1940 (31 U. S. C. 71a), first section of this act was made by the The bill was ordered to be engrossed are hereby waived in favor of Mrs. Christina Central Pacific Railway Co. and the Southern and read a third time, was read the third Tules, Plainfield, Conn., and the claim sub­ Pacific Co., grantors, to D'Arrigo Brothers time, and passed, and a motion to recon­ mitted by her for amounts due her as bene­ Company of California, a California corpo­ sider was laid on the table. ficiary of the late Frank J. Tules (service ration, grantee, and was recorded on October number 31123302), which was received in the 1, 1956, in Code 1906, at page 332, in the office United States General Accounting Office on of the County Records of San Joaquin MRS. TYRA FENNER TYNES May 11, 1956, shall be considered as having County, Calif., under records; serial No. 37272. been received-within the time limitation pro­ The Clerk called the bill feet on either side of the center Be it enacted, etc., That sections 15 to 20, time, and passed, and a motion to recon­ of the main track or traclcs of the Central inclusive, of the Federal Employees' Com­ sider was laid on the table. Pacific Railway Co. and the Southern Pacific pensation Act are hereby waived in favor of Co. as established and maintained on the Mrs. Tyra Fenner Tynes, New Orleans, La., date of enactment of this act; nor and her claim for compensation for the PIONEERS, INC., A CORPORATION, (2) legalize, validate, or confirm any death of her husband, Tyra Fenner Tynes, a right, ~itle, or interest in and to the land former civilian employee of the Corps of AND JESS M. RITCHIE, INDIVID­ referred to in the first section of this act Engineers, United States Army, who died in UALLY, AND AS AN OFFICER OF arising out of adverse possession, prescrip­ the Canal Zone on September 23, 1942, shall SAID CORPORATION tion or abandonment, and not confirmed by be acted upon under the remaining provi­ conveyance made by the Central Pacific Rail­ sions of such act if she files such claim The Clerk called the resolution adverse possession, prescription, or aban­ immediate consideration. donment, and not confirmed by conveyance clusively. And I ask you what is wrong made by the Southern Pacific Co. before the The Clerk read the resolution, as fol­ with that? date of enactment of this act. lows: Now, Mr. Speaker, let us see who is (b) There is hereby reserved to the United ·Resolved, That upon the adoption of this for this bill. States all oil, coal, or other minerals in the resolution it shall be in order to move that First, the American Bar Association is land referred to in the first section of this the House resolve itself into the Committee for it. And I ask you who is better quali­ act, together with the right to prospect for, of the Whole House on the State of the Union fied as lawyers than that association. mine, and remove the same under such rules for the consideration of the bill (H. R. 3) and regulations as th9 Secretary of the to establish rules of interpretation govern­ Second, the American Farm Bureau Interior may prescribe. ing questions of the effect of acts of Congress and the Grange, groups of patriotic lay­ on State laws. After general debate, which men, have endorsed it. The bill was ordered to be engrossed shall be confined to the bill and continue not Third, the conference of 48 Governors, and read a third time, was read the third to exceed 6 hours, to be equally divided and representing the 48 sovereign States, have time, and passed, and a motion to recon­ controlled by the chairman and ranking endorsed this measure. sider was laid on the table. minority member of the Committee on the Fourth, the Attorney Generals' Asso­ Mr. BOLAND. Mr. Speaker, I ask Judiciary, the bill shall be read for amend­ ment under the 5-minute rule. At the con­ ciation of the 48 States of the Union, in unanimous consent that further call of clusion of the consideration of th.e bill for an effort to protect what is left of States the calendar be dispensed with. amendment, the Committee shall rise and rights, have unqualifiedly endorsed the The SPEAKER. Without objection, report the bill to the House with such proposal. it is so ordered. amendments as may have been adopted, and Fifth, I think you will find that every There was no objection. the previous question shall be considered as organization and every individual patriot ordered on the bill and amendments thereto in your Districts who are familiar with to final passage without intervening motion except one motion to recommit. the intent and purpose of this bill have COMMITTEE ON WAYS AND MEANS also endorsed it. Mr. MILLS. Mr. Speaker, I ask Mr. COLMER. Mr. Speaker, I yield Now I realize, Mr. Speaker, that in this unanimous consent that the Committee 30 minutes to the gentleman from Illi­ age of conflicting ideologies, that on the on Ways and Means may have until nois [Mr. ALLEN], and pending that I other hand you will find a small group of midnight tomorrow night to file a re- yield myself 10 minute~. · self-styled liberals who are opposed to 1958 CONGRESSIONAL RECORD- HOUSE 13845· this type of legislation under the mis­ to come before this House in the whole of gasoline pipelines from unwarranted guided philosophy that it will interfere the 85th session of Congress. State restrictions and interference? with the liberties of the people. While I I urge the adoption of the resolution Secondly, would H. R. 3 affect the civil am, for the sake of this argument, willing and the bill. rights legislation. Thirdly, would this to grant them sincerity in their motives, Mr. ALLEN of lllinois. Mr. Speaker, bill affect only situations such as the I say to you candidly and firmly that I yield myself 4 minutes. criminal cases including the Steve Nelson nothing could be further from the truth. Mr. Speaker, little remains to be said case that have come up on subversion The purpose of this till is to protect the and it is difficult for me to speak after or is it so broad we cannot tell how far true liberties of all of the people of these listening to the patriotic and American the jurisdiction extends, and it will re­ United States. It is in line, in fact, it is· remarks of my good friend from Missis­ sult in tremendous ligitation in many a reaffirmation of the true, liberal Jef­ sippi [Mr. CoLMER]. I also understand wide areas of the law? ferson doctrine of keeping the Gov­ that my good friend the gentleman from What is the limit? How far does the ernment on a local level as close to the Virginia, Judge SMITH, will be heard on bill go? Does it go clear the whole way people as possible as against concentra­ this bill, as well as the gentleman from down through the statute books for 150 tion in an all-powerful Federal Govern­ Louisiana [Mr. WILLis]. During my 26 years because of the retroactive pro­ ment. Need I remind you that it was years in Congress I do not know of any­ visions, or are there limits either specifi­ Jefferson \7ho said, "There is no danger one who speaks for the good and the cally stated, or implied from the statu­ I apprehend so much as the consolida­ continuation and the perpetuation of the tory language? tion of our Government by the noiseless Constitution of the United States and Mr. ALLEN of lllinois. In reply to the and, therefore, alarming instrumentality the Bill of Rights more than those three gentleman, I would say to the best of my of the Supreme Court." gentlemen. judgment it does not affect any of those And, further, while on that subject, Mr. Speaker this rule makes in order liberal acts. may I remind my self -styled liberal the consideration of H. R. 3, a bill to Mr. FULTON. What is the provision friends that this true exponent of true establish rules of interpretation govern­ in the bill that would prevent it from liberalism, the author of the Bill of ing questions of the effect of acts of Con­ affecting those areas in the Federal Rights~ called the people who advocated gress on State laws. statutes? centralizing the power of Government, It is an open rule, and provides for 6 Mr. ALLEN of Illinois. None that I even as you are doing here, "Tories." hours of debate. know of. This is not a sectional bill. The deci­ H. R. 3 was the . subject of extensive Mr. COLMER. Mr. Speaker, I yield 5 sions already rendered by the Court hearings by the House Judiciary Com­ minutes to my distinguished colleague which this bill would cure were mostly mittee during the 84th Congress. on the Committee on Rules, the gentle­ from other States outside of the South. It was subject to extensive hearings man from Indiana [Mr. MADDEN]. There is no South, no East, no North, or before the full Judiciary Committee dur­ Mr. MADDEN. Mr. Speaker, this reso­ West involved here. Neither is there a ing the current session of this Congress. lution which provides for the considera­ racial or labor question involved. The House Judiciary Committee, in tion of H. R. 3, if adopted, will call upon Mr. BUDGE. Mr. Speaker, will the executive session, favorably reported it the Congress to pass a piece of legisla­ gentleman yield? with amendment. tion which, if enacted, will jeopardize the Mr. COLMER. I yield to my friend. You will kindly note that the report basic and fundamental relationship be­ Mr. BUDGE. Mr. Speaker, I should carries the minority views of nine mem­ tween the legislative and judicial de­ like to affirm what the gentleman has bers of the Judiciary Committee. It partments of our Government. 'I·he pro­ said, that this is not regional legisla­ carries the additional views of the gen­ ponents of this bill will have you believe tion, and the point the gentleman is now tleman from New York, Representative that H. R. 3 is a simple, uninvolved regu­ making about affirmative action of the KEATING. lation which will curtail future actions Congress is something which the West This would indicate that the measure and remedy past decisions of the Su­ thinks is of the utmost importance. I is extremely complicated. In my preme Court regarding cases involving think this legislation is perhaps more im­ opinion, it is extremely simple. questions concerning Communists and portant to the arid States of the West The only question-as I see it-is subversive activities. Nothing could be than to any other section of the country. whether or not its enactment will cur­ further from the truth. H. R. 3, although Stretched out over a period of almost tail Federal or Congressional preroga­ appearing short in verbiage and innocent 100 years the Congress of these United tives. in its import, nevertheless, if enacted States has in 18 separate acts provided In my considered judgment it will into law, could inaugurate the legislative that the water in these arid States shall not-and at the same time, it will en­ and judicial departments of our Gov­ be appropriated and used in accordance hance the integrity of State laws. ernment on a course of confiict the like with the laws of those States and Terri­ Like most of you, I have received hun­ of which we have not known since the tories. Each of these 18 pronouncements dreds of letters regarding H. R. 3. Prac­ Articles of Confederation were written. is still the law of the land. On the other tically all favored the enactment of this This bill provides that no act of Con­ hand, the Congress has not once said that legislation. These letters came from gress shall be affected unless it provides appropriation and use should be under the American Farm Bureau, from out­ that the legislative field with which it Federal law. standing business, patriotic, and civic pertains is specifically preempted by the However, even in the face of that his­ organizations, from outstanding citizens. Federal Government or unless there is tory we in the Western States are con­ I urge the adoption of the rule pres­ a direct and positive conflict between the stantly threatened with Federal domina­ ently before us, as well as the passage of State and Federal legislation. There is tion in this field. The passage of this H.R.3. no present method of surveying the lim­ bill will be of great assistance in preserv­ Mr. FULTON. Mr. Speaker, will the ited field of legislation which this bill ing the rights of the States in this most gentleman yield? would hamper, curtail, and throw into important struggle. It should receive Mr. ALLEN of lllinois. I yield to the the courts for litigation. It would create the support of every westerner as well as gentleman from Pennsylvania. consternation on the enforcement of all those from all other geographical areas. Mr. FULTON. The serious question State and Federal regulations which are · Mr. COLMER. I thank the gentleman arises on how far this bill goes in affect­ similar. This bill would practically limit very, very much. He is imminently cor­ ing the various fields and elements of the Congress to legislation concerning rect. legislation that are already on the Fed­ foreign relations, war, national defense, · Finally, Mr. Speaker, may I point out eral statute books. Query: First, does naturalization and immigration if any of that this bill, if enacted into law as it the bill H. R. 3 by its provisions go into the 48 States had legislation dealing with should be, will protect not only the rights the field of labor-management relations? other regulatory problems on their stat­ of the sovereign States as provided by Would it affect those statutes already ute books. One certain fact is that the Founding Fathers, but -the liberties passed and now on the statutes books H. R. 3 would unsettle a large body of of all of the people, including those who covering railroad employee legislative existing laws in many vital areas such cry out against it under the modern, but benefits, as well legislation which pro­ as interstate commerce, immigration, false doctrine of liberalism. Mr. Speaker, tects the operation of interstate rail­ naturalization, agriculture, labor rela­ I repeat, this is the most important bill roads, buses, trucks, airplanes, oil and tions, and civil rights. This bill would CIV-872 13846• CONGRESSIONAL RECORD- HOUSE July 15 throw into turmoil the railroads, buses, States to pass laws concerning rights of themselves have not delegated to the and other interstate transportation fa­ minorities within their borders. This Federal Government under the Consti­ cilities wherein States would pass laws would also apply to Federal laws con­ tution. Certainly the Constitution does regulating the size of trains, number of cerning civil rights which the Congress not prohibit a State from having an passengers, terminal stops, and other might enact at some future date. antisubversive law to protect its own Federal regulations which are so neces­ I hope the Members of the House give people, under its own police powers, sary in interstate transportation. States this legislation serious, careful, and long against the activities of espionage that have regulations regarding immi­ deliberation and reject the same so that agents and other subversives. It has a gration, agriculture, pure-food laws, our Government can continue to advance right to have a law against the sale of health, and sanitation, would also render in progress under the provisions of our narcotics. It has a right to protect its existing laws dealing with these impor­ Constitution which amply provides for citizens from other crimes or violations tant matters in a positior: of jeopardy regulations controlling the powers of of their rights just as the Federal Gov­ which only could be settled through nu­ both the judicial and legislative depart­ ernment has the right, through the Con-· merous lawsuits and long delayed court ments. gress, to protect the people of the Nation decisions. This bill also would apply Mr. ALLEN of Illinois. Mr. Speaker, as a whole in the same ways under Fed­ retroactively and could resurrect long I yield 3 minutes to the gentleman from eral laws. dormant State statutes and regulations Ohio [Mr. BROWNJ. Mr. Speaker, I hope this rule will be enacted back in the kerosene-lantern Mr. BROWN of Ohio. Mr. Speaker, in adopted and that the bill will be passed. days. Farmers and dispensers of agri­ the short time that is allotted to me I Mr. ALLEN of Illinois. Mr. Speaker, cultural produce who are compelled to wish to discuss both this bill and this I yield 10 minutes to the gentleman from comply with the Federal Food, Drug, and rule which makes the consideration of New York [Mr. KEATING]. Cosmetic Act, no longer would be pro­ the bill in order. I am hoping the rule Mr. KEATING. Mr. Speaker, I do not tected from prosecution under numerous will be adopted. I support the rule, and know how many votes will be influenced State laws which set up different stand­ I expect to support the bill. by this debate, but I want to ask you ards for compliance. Federal regulations There has been a great deal of general to reason with me for a moment. with respect to rate discrimination, re­ talk here about how the passage of this I am opposed to this bill and I want bates, transfer service, and other matters bill could set aside this Federal law or­ to set forth in as fair a manner as I would become a football for lawsuits un­ that Federal law, yet there is no evi­ can my reasons therefor. I know the der this bill. dence submitted to that effect. No spe­ bill is well intentioned, I am :n sym­ This bill, if enacted into law, would cific case can be pointed out showing pathy with the basic objectives of the throw the field of labor relations involv­ how this proposed law could or would bill, I have no doubt of the power of ing Federal and State laws concerning set aside or invalidate or weaken any Congress to adopt this legislation, if that collective bargaining, minimum wage Federal law in any way. is the will of the majority, but there are and all forms of management and em­ This bill comes to you because of a pitfalls in these few words which I want ployee disputes into confusion and tur­ decision of the Supreme Court of the to point out. moil. United States in the Steve Nelson case I believe in the importance of preserv­ I am merely mentioning a few of the from Pittsburgh, Pa., in which a man ing our State laws and policies to the hazards and complications which this bill was convicted of subversive activities maximum extent consistent with our would present. The Interstate Com­ under a State law. The Supreme Court Federal system. merce Commission, the Association of of the United States overruled the Su­ Under this bill, however, a tendency American Railroads and the Railway preme Court of Pennsylvania by saying could easily develop to include unneces­ Labor Executive Association are all that inasmuch as there was a Federal sarily preemption provisions saying that strongly opposed to this legislation. In law dealing with subversive activities the Federal law shall preempt the State fact, the Association of American Rail­ Pennsylvania could not have a State law law in Federal legislation. Th:s is be­ roads, in a statement, among other along the same lines. As far as I am cause without such provision there would things, said that H. R. 3 without lan­ concerned--do not count me as among be the danger that even a plainly im­ guage exempting railroads "would create those who line up with Steve Nelson and plied intent to occupy the field would be chaos in the field of Federal regulations the other people of his ilk in this coun­ · insufficient. Knowing as we all do the of railroads." try-this bill is very simple. Decide for pressure under which we often legislate, Strong opposition to this bill has been yourselves whether or not any State the easier course would be, if this bill expressed by the Department of Jus­ law could set aside a Federal law under becomes law, to add a preemption sec­ tice and the AFL-CIO. Numerous other its provisions. The bill simply provides: tion merely as a safeguard. It is easy groups and organizations throughout No act of Congress shall be construed as · to see that such a practice would lead the country would also be opposed to indicating an intent on the part of Congress in some instances to a blanket prohibi­ this legislation if they knew the true to occupy the field in which such act oper­ tion or proscription on State action facts concerning its devastating conse­ ates, to the exclusion of all State laws on which otherwise could be reconciled quences and had knowledge that it was the same subject matter, unless such act with Federal law. As a result, the prac­ about to be considered by the Congress. con t ains an express provision to that effect, tical effect of this legislation may well It is highly necessary that every Mem­ or unless there is a direct and positive con­ be to curtail rather than to enlarge the ber of Congress take time to study the flict between such act and a State law so area· of State rights. That is No. 1. that the two cannot be reconciled or con­ far-reaching consequences of this bill. sistently stand together. Secondly-and this is something which Hearings were held on this bill by the in my discussions with Members I have Judiciary Committee during the last ses­ That is pretty plain language in my found many have not understood-this sion of Congress. It bas been dormant book. It has been a long time since I bill applies retroactively. It applies to in the Judiciary Committee for over 6 read and studied law, but I have spent every statute on our books today, ex­ months where it was reported out with a great deal of years with the English tending back for 150 years. If this bill a divided vote. It then went to the language since I went to law school, and applied only to the future and we were Rules Committee where it was reported that seems to be pretty clear English to faced only in the future with this prob­ out by a one-vote margin. In my opin­ me. In other words, no State law can lem of construction, it would be quite a ion, this legislation would not be on the stand, by any subtle reasoning, if it is different problem. floor of the House today had not the contrary to the Constitution of the If we are going to· enact legislation Congress enacted into law the civil-rights United States, or if it is contrary to any here, I feel it should be as good legisla- · legislation a year ago. If H. R. 3 is en­ statute passed by the Congress of the tion as it can be. For that reason in the acted into law, legislation dealing with United States on the subject, or if it is course of the debate I shall offer an pending civil-rights regulations or fu­ inconsistent with such a Federal statute. amendment to have this bill apply only ture laws concerning civil rights could That is a very simple truth you can fig­ prospectively. If the Members are really be rendered null and void or enmeshed ure out for yourself. interested in protecting our statutes for in the courts for decision. Any State As has been said, the Constitution of the future and they want to bring this having present laws regarding rights of the United States under the Bill of about, they will support my amendment. minorities could, under this bill, ques­ Rights, or the lOth amendment, reserves But that will not be acceptable to those tion the rights of Congress of the United to the States all rights which the States who are seeking by these few words to 1958 CONGRESSIONAL-RECORD- HOUSE 13847 affect every single statute on our books, other hand, will further rather than tiona.l an unconstitutional State or Fed­ and to change every past law where limit the tendency of the Supreme Court eral law. The only thing the bill pro­ Congress neglected to include an ex­ to ~egis late. vides is that if Congress expresses an press provision stating an intent to oc­ Here is a bill that will have absolutely intent to occupy a whole :field where cupy the field. no meaning until meaning is breathed there is concurrent jurisdiction~ then the . Without such an amendment, every into it in Federal court cases. That is act of Congress will prevail exclusively. past law would be in jeopardy, no matter virtually acknowledged in the brief filed Then the bill goes on to say that even how plainly an intent could be inferred by its distinguished author. It will re­ if the bill does not express an intent from its language, Business and labor quire action by the court to make this to preempt, yet if there is a conflict be­ groups-business and labor I stress-will bill mean anything, and this inability tween a State law and a Federal law, act at their peril in disregarding anti­ on the part of the proponents of the bill then, again, the Federal law shall be the quated State laws, these old laws, and to spell out in advance what it means supreme law of the land. We hope to will have to go to great expense to re­ and where it will affect the various pres­ expand on that in general debate. But move all doubt as to their renewed ent decisions is something that we let me say that there is nothing novel validity. should ponder about. about this legislaticn. We have been Let me give you a couple of illustra­ I refuse to invite the Supreme Court passing laws along that line since the tions. Farmers and marketers of agri­ to make national policy, as they will founding of our Republic. cultural commodities complying with the have to make it if this bill becomes law, There are 50 titles of the United States Federal Food, Drug and Cosmetics Act, in a host of :fields affected by the bill. I Code. The very :first chapter of the no longer would be protected from prose­ cannot lend my support to a measure very first title, title I of the Code, is en­ cution under numerous State laws that has those ramifications. It is clear titled "Rules of Construction, General which set up varying standards for com­ to me that the long-range consequen­ Provisions.'• At present there are six pliance. ces of this bill can only be to blur even sections to that chapter. Warehousemen, subject to Federal more the vital distinction which is so This bill is an amendment to that regulations with respect to ra~es, dis­ important between law-making and chapter and adds another section which crimination, rebates and service and all law interpreting. Rather than to di­ is strictly a rule of statutory construc­ that sort of thing, would also become vorce the Supreme Court from its legis­ tion. subject to varying State regulations with lative functions, this bill virtually en­ What is the function of the Court? respect to the same matters. joins the Court to act as a quasi-Con­ When, as here, we are dealing with con­ The unsettling impact of the bill can gressional body set up to reexamine stitutional laws, laws of the States and be illustrated by examples taken straight legislative intentions of enactments go­ of the Federal Government that could from. the brief :filed by the able and dis­ ing back for 100 years, and it will re­ stand side by side and operate together, tinguished author of this bill. This sult in endless litigation in the courts. what is the function of the Court? The brief notes that under existing prece­ The only responsible way, in my judg­ function of the Court is strictly to seek dents State laws limiting the size of ment, is to deal with these decisions out the legislative intent. The wisdom trains, :fixing the number of cars in an with which we disagree-and I repeat, or the unwisdom of an act is left to Con­ interstate train and the number of pas­ there are plenty of them with which I gress and not the courts ·.vhen there is sengers to be carried in each car, re­ disagree-on a case-by-case basis. no constitutional issue at stake. Con­ quiring certain intrastate stops and so This is the difficult, but the painstak­ gressional policy is a matter for the on-all of those, says he, have been held ing way to do it. I know from attempts legislative and not the judicial branch invalid in spite of the absence of Fed­ to deal, as we have here, with the Jencks of the Government. eral legislation on the specific require­ and Mallory and Yates and Watkins What this bill seeks to do is to provide ments at issue. And the brief adds that and Nelson cases that this approach is that the Supreme Court shall not in­ it is in this area that the Smith Act fraught with difficulties. There are dulge in judicial legislation. will have its effect, if any. those who stand in the way of our efforts I submit that the fair way is to listen That adds up to a prediction that un­ to legislate on specific matters laid down to both sides of the issue and, after you der this bill railroads and other carriers by the Supreme Court. But we must have listened to the debate, reserve to operating in more than one State would meet that problem and meet it in a re­ yourselves the right to vote either way. be subject to regulations by several jur­ sponsible manner. I hope the rule will be adopted. isdictions. It means that railroads and The SPEAKER pro tempore. The Mr. ALLEn of Illinois. Mr. Speaker, other interstate carriers which have for time of the gentleman from New York I yield 1 minute to the gentleman from years been functioning in full conform­ has expired. New York [Mr. LATHAM]. ity with Federal laws and regulations Mr. COLMER. Mr. Speaker, I yield Mr. LATHAM. Mr. Speaker, in the will now also have to conform, in some 5 minutes to the distinguished gentle­ course of a session of Congress we deal cases under threat of criminal prose­ man from Louisiana [Mr. WILLIS]. with a great number of bills covering a cution, to wholly different standards as­ Mr. WILLIS. Mr. Speaker, it has wide variety of subjects. In my opinion serted by any one or more of the States been well demonstrated that we cannot, the bill before us today is more im­ in which they operate. during the short time allotted for the portant to the preservation of the funda­ In view of this it is easy to under­ consideration of this rule, properly de­ mental liberties and freedoms of Ameri­ stand why the Department of Justice, bate this bill. For example, just as a cans wherever they may be, than any the Interstate Commerce Commission, very quick reference, a statement has measure that has been before this Con­ the Association of American Railroads, been made here that this would affect gress. and the Railroad Labor Executives As­ civil rights and segregation. That issue I am very happy to join with the sociation are all strongly opposed to the has been decided by the Supreme Court chairman of my committee and the bill. on a constitutional basis, and that is the ranking minority member in urging the Now, I have been concerned, very end of it. No act of Congress or acts adoption of the rule and the passage of much concerned, about the tendency of the States can have anything to do the bill. toward judicial law-making evidenced with that. Mr. ALLEN of Illinois. Mr. Speaker, in a number of recent Supr~me Court Believe you me, much of the criticism I yield 4 minutes to the gentleman from decisions. I know that the proponents that has been leveled at this bill really California [Mr. HIESTAND]. of this measure share that deep con­ addressed itself to H. R. 3 as it was orig­ Mr. HIESTAND. Mr. Speaker, Abe cern. I think it would be fair to say, inally introduced. Much of that criti­ Lincoln said: to make the claim that there has been cism is no longer valid as a result of an Our safety, our liberty, depends upon pre­ no one more active than myself in seek­ amendment offered by the gentleman serving the Constitution of the United ing to overcome the effect of some of from Maryland [Mr. HYDE]. We hope States, as our Founding Fathers made it, in­ those decisions. One of those is the to show, if we are permitted to debate violate. Nelson decision, on which our commit­ it in the regular order, that the scope A fundamental principle of the Con­ tee has reported out a bill with only of this bill really is limited. · stitution is best expressed in the lOth one vote against, to provide that Con­ As I have said, there is no constitu­ amendment, that- gress has not intended to preempt the tional question presented here. This Those powers not delegated to the Fed­ field relating to legislation to punish bill does not, as it cannot, make valid eral Government • • • shall be reserved to subversion. The bill before us, on the an invalid State law or make constitu-· the States or to the people. 13848 CONGRESSIONAL RECORD- HOUSE July 15 History records that the Constitution have outlined their objections to the bill This bill states that unless Congress surely would not have been ratified with­ in the committee report. has expressly preempted jurisdiction, out the Bill of Rights and especially the Mr. Speaker, every one of the nine that is, excluded the states from juris­ lOth amendment. points they made can be answered and diction where there is conflict, there can I hold the conviction that this Nation answered effectively. In fact, in most be concurrent jurisdiction between a is vastly stronger as a Republic com­ instances, their very arguments can be State government and the Federal Gov- · posed of 48 sovereign republics, each used against the stand they take. We ernment. Let us take labor, for ex­ with law enforcement responsibility, have the answers to all objections, but ample; what will that mean? It will than it would be as a dictatorship. time limitations in the discussion of the mean that States-and I have in mind H. R. 3 as now presented clearly would rule simply do not permit detailed de­ certain Southern States that are not restate, or if you will, reenact the lOth bate on those points. labor minded-would have the right to amendment. It is just that simple. Could that be the reason why they pass and would indeed pass little Wagner The Supreme Court has frankly are so emphatically fighting this rule Acts, little Taft-Hartley Acts, which stated that even with the rules of in­ which would allow full discussion of could be used to harass and to molest terpretation it has developed, it is "often this all important matter? Are they certain types of people in those commu­ a perplexing question" whether the Con­ afraid to face the replies which could nities. One of the speakers said that, I gress intended to preempt in a particu­ knock out their arguments? Why not think the gentleman from Illinois [Mr. lar statute-Rice v. Sante Fe Elevator let the House consider and decide ALLEN] said that the bill will not affect (331 u.s. 218, 1947). whether their arguments will stand up? labor. I suggest that he read the re­ H. R. 3 is intended and does clearly Such a discussion might well be as ports, those in favor of the bill and those state the intent of Congress not to pre­ important a debate as this House has opposed to the bill, and he will see that empt a field of legislation unless it so seen in this Congress. it is as clear as a pikestaff that this bill specifies-or of course, unless its statute I emphatically urge the adoption of affects labor. It seriously affects rail­ is in direct conflict. this rule. roads so seriously as to incur their hos­ Enactment of H. R. 3 should clarify Mr. COLMER. Mr. Speaker, I yield 5 tility. The railroads have come forward the basic principle of preemption and minutes to the gentleman from New York and have stated "We could not operate, make misinterpretation on the part of [Mr. CELLER]. because different States through which the Court less possible. Let us get at Mr. CELLER. Mr. Speaker, I am op­ the railroad line passes might require the cause of the problem rather than posed to the rule. The Department of different kinds of safety appliances, always having to be doctoring the re­ Justice is opposed to the bill. The De­ might have different laws with respect sults. Let us correct the fundamental partment of Labor likewise opposes. to railroad labor, different laws with re­ doctrine upon which many of these de­ Organizations as wide apart as the spect to the length of freight cars, cisions, directly contrary to Congres­ AFI.rCIO and railway companies op­ different laws with reference to the sional intent, have been based. It is pose. The Railroad Executives Associa­ length of passenger trains." There broad, but indeed, it should be because tion and the Railroad Brotherhoods, the would be a veritable mishmash. The it deals with a broad general principle. Interstate Commerce Commission, the · railroads could not possibly change the It is not only the matter of the Steve National Association !or the Advance­ length of trains when they left one State Nelson sedition case, nor the Cloverleaf ment of Colored People are opposed and entered another. Each State would pure food law case, nor the Wisconsin to this legislation. I have received a have different laws with reference to the Employment Relations Board UAW-CIO communication from the American Bar subject of railroads. All would be oper­ case, nor many others. We can, of Association handed to me within the hour ative and effective. They say, "For course, enact legislation to correct any which among other things says as fol­ goodness sake, do not hamper and make misinterpretations by the Court, on a lows: impossible the operation of our railroads case-by-case enactment, but I am par­ While the basic principles of the bill, as by passing this bill." ticularly concerned about future Court approved by the American Bar Association, Mr. HALLECK. Mr. Speaker, will the and the bill now under consideration by the gentleman yield? decisions. House are similar, it is not correct to say Who knows when an appeal to the that the association has approved the pend­ Mr. CELLER. In just a moment. I Court may come in a narcotics case, or a ing bill. I am certain the American Bar As­ listened with interest to the gentleman kidnaping case, or the vast field of anti­ sociation will be glad to consider the pending from Ohio when he spoke about subver­ trust, or public utility, or water, or tax bill and report upon it at an early date, if sion. He left us with the impression, legislation. And who indeed is better given an opportunity to do so. amazing as it was, that it was the su­ equipped and more legally qualified to This is signed by Charles S. Rhyne, preme Court which subverted, if I may interpret Congressional intent than the president of the American Bar Associa­ use that term, which overturned a State Congress itself? decision. There was no such thing. tion. The Supreme Court of the State of The uncertainty, the jeopardy into I will say to the gentleman from Penn­ which this preemption doctrine has Pennsylvania declared unconstitutional sylvania [Mr. FuLTON], who propounded the Pennsylvania statute, and all the placed that whole vast body of State a question to one of the speakers, that legislation, is frightening. The chaos is Supreme Court of the United States did this bill is not only prospective looking was to affirm what -the very State of here. to the future, but it is restrospective and The Federal Bureau of Narcotics en­ Pennsylvania did through its own high concerns the past. It would have an court. forcement, for. example, has only some effect on every piece of legislation that 200 operatives to cover the entire United we ever adopted in this Congress, par­ I herewith insert the letter from the States, Europe, Asia, Africa, and South ticularly where there would be the pos­ department of legislation, AFI.rCIO, and America. Where would we be without sibility of concurrent jurisdiction be­ the letter from the president of the thousands of State and local law-en­ tween the Federal Government and the American Bar Association, Mr. Charles S. forcement officers? But can they do State governments. That would apply Rhyne: their job with the threat of reversal from specifically to aliens, aviation, trucking, AMERICAN FEDERATION OF LABOR State laws because of preemption hang­ railroads, merchant marine, agriculture, AND CONGRESS OF ing over them? INDUSTRIAL ORGANIZATIONS, labor, all criminal laws, waterpower, Washington, D. C., July 14, 1958. Mr. Speaker, the need is urgent, and natural gas, radio, television, foods and To All Members of the United States House I can see no reason why we should be drugs, canals, roads, rivers, mines, min­ of Representatives. denied the right to consider and debate ing and so on. You can readily appre­ DEAR CoNGRESSMAN: The American Fed­ this threat to constitutional government, ciate that it was impossible, because they eration of Labor and Congress of Industrial and the suggested remedy, H. R. 3. The never had under consideration a bill of Organizations strongly opposes the enact­ rule should be approved. this character, that when we passed ment of H. R. 3, a bill which would throw the whole fabric of Federal regulatory stat­ Now my very good friend and able legislation in past years, we did not ex­ utes into chaos. colleague. the gentleman from New York pressly preempt jurisdiction. Where It is apparent that the principal motiva­ [Mr. KEATING], and the distinguished jurisdiction is not expressly preempted tion behind H. R. 3 is an attempt to rebuke chairman of the great Judiciary Com­ then the States may enjoy concurrent the Supreme Court for its decisions on seg­ mittee, for whom I have great respect, jurisdiction. regation and civil liberties. The bill would, 1958 CONGRESSIONAL RECORD- HOUSE 13849 however, have no effect on decisions, which of the Supreme Court." It says this a massive concern to be evidenced were based on the Constitution rather than about judicial power: throughout the land. on the statutes. It may appear presumptuous for any. It is impossible to predict with accuracy The essence of judicial power ls that it Is precisely what future effect H. R. 3 would a solvent of personal frictions, whether they one not versed in the law, to assume a have in fields where it would apply. These grow out of relationships of individuals to role in discussion of such an intricate include Federal regulatory programs, such each other or of the individual, on the one legal problem as is here presented, but as those administered by the Interstate hand, and the collectivity of mankind repre­ it might be pointed out that to the sup. Commerce Commission, the Federal Power sented by the state, on the other. When port of bill H. R. 3 can be brought the Commission, the Civil Aeronautics Board, the clash comes, it is the judicial power considered and thoughtful expressions the National Labor Relations Board and which must settle it, if society is to be ordered by reason rather than by superior of many of the Nation's finest legal others, but it is certain that the bill would minds. invite relitigation of innumerable issues force alone, which is the very negation of which have been long settled. civilized living. · Too, one need not be engaged in the We urge you to do everything in your The article concludes with this quo­ practice of dentistry to know when he power to insure defeat of this bill. tation from the eminent historian of has an aching tooth. Nor does one need Sincerely yours, the Court, Mr. Charles Warren: a knowledge of the chiropractic arts to ANDREW J. BIEMILLER, tell him that his back is aching. There Director, Department of Legislation. No institution of government can be de­ is a serious dislocation in the processes vised which will be satisfactory at all times of orderly government in the United AMERICAN BAR ASSOCIATION, to all people. But it may truly be said Washington, D. C., July 15, 1958. that, in spite of necessary human imper­ States today, and without question, and The Honorable EMANUEL CELLER, fections, the Court today fulfills its function in some instances, there has been serious Chairman, House Judiciary Commit­ in our national system better than any in­ infringement by the Supreme Court tee, House Office Building, Wash­ strumentality which has ever been advo­ upon the proper functions of the legis. ington, D. C. cated as a substitute. lative branch. It has been found neces· DEAR MR. CHAIRMAN: It is my understand­ Vle have a duty as lawmakers to help sary in recent months for the Congress Ing that the House will consider H. R. 3 to move promptly and on an emergent today. It is also my information that preserve respect for the Supreme Court there is considerable misunderstanding as an institution. basis to meet certain situations arising about the position of the American Bar Let us debate the important issue in from several of the decisions, but these Association on this bill. This is to advise the legislation before us without getting actions by the Congress have been de­ that according to the records of official involved in bitter attacks upon the Court. signed only to meet specific problems American Bar Association action, the bill involving the rights of several States, that our House of Delegates approved is dif­ NO FEDERAL LAW and the legislative devices have not gone ferent from the bill now under considera­ It is my view, as I will try to make to the greater problem of continuing tion by the House. While the basic prin­ clear in the general debate, that the bill, preemption of State authority. It is ciples of the bill as approved by the Amer­ made in order by this rule, is a proper the purpose of H. R. 3 to say again in ican Bar Association and the bill now under attempt by the legislative branch to consideration by the House are similar, it is clear and unequivocal language what not correct to say that the association has place a check on the judiciary in the those who drafted the Constitution said approved the pending bill. exercise of the judicial power to inter­ so plainly and emphatically in article I am certain that the American Bar Asso- · pret acts of the Congress. IX, and I quote: elation would be glad to consider the pend­ Mr. ALLEN of Illinois. Mr. Speaker, The enumeration in the Constitution, of ing bill and report upon it at an early date I yield 4% minutes to the gentleman certain rights, shall not be construed to if given an opportunity to do so. from California [Mr. JACKSON]. deny or disparage others retained by the Respectfully yours, Mr. JACKSON. Mr. Speaker, it is not people. · · CHARLES S. RHYNE. too much to say that the resolution pres­ Then as if to sound another clear Mr. ALLEN of Illinois. Mr. Speaker, ently under consideration is preliminary warning against the possibility of execu­ I yield 4 minutes to the gentleman from to discussion of and debate upon one of tive, legislative or judicial tyranny at Maryland [Mr. HYDE]. the most important pieces of legislation the act of Government, the drafters Mr. HYDE. Mr. Speaker, I strongly to reach the floor of this House during went on to say in article X, and I quote: urge the adoption of this rule so that recent years. I shall not, at this time, ~o the merits of the bill, H. R. 3, may be more than urge adoption of the pending The powers not delegated to the United States by the Constitution, nor prohibited thoroughly debated. rule to permit debate on the bill on its by it to the States, are reserved to the States, Before debating the bill covered by merits. It is unthinkable to me, and I respectively, or to the people. this rule, I want to make it abundantly am certain that I bespeak the senti· clear that my part in this debate is not ments of millions of Americans in this Thus, in successive paragraphs a clear, in any sense intended as an attack upon regard, that a measure as important to concise and lucid prohibition is placed the Supreme Court. I have agreed with the present and the future of our Gov­ upon the exercises of the powers of the some of its recent controversial decisions ernment, should not be discussed in all Federal Government. and disagreed with others. I have of its many aspects and ramifications. I have searched the Constitution, but agreed with some of the Court's deci· Basic in the provisions of H. R. 3 are in vain, in an effort to determine in what sions on the question of Federal suprem­ questions related to the rights and re­ manner and by what authority the legis­ acy, involved in the pending bill, and sponsibilities of legislative bodies in the lative actions of several State legisla­ disagreed with others on this question. several states and their various subdivi­ tures, and those of lesser subdivisions I am not now particularly concerned sions to provide for the common safety representing the people, have been swept with any particular decision. I am con­ of their own citizens and to exercise, aside as if they were nonexistent, or cerned with the application of the prin­ without undue restriction, the constitu­ that there existed no authority for their cipl of Federal supremacy under article tional charge specifically and affirma­ enactment. The Supreme Court has VI, clause 2, of the Constitution. tively laid upon them in the Constitution gone beyond the facts of law involved For the strength and stability of our of the United States. in some of the decisions to impose the Nation and the preservation of our free­ At the outset I should say that many concept of its majority of what the law dom, it is necessary for those who hold of us who are supporting this resolution ought to be, in their opinion. office in any of our three great branches and the bill, have time after time voted It has superimposed its vast powers of government to respect the preroga. for legislation designed to increase and upon those traditionally exercised by city tives and integrity of each branch. It strengthen the civil liberties of our peo· councils, county supervisors, and State is also necessary and proper for each ple. Nor does the gentleman from Cali· legislatures. It has released from jail, branch to check the others in order to fornia yield to anyone in his regard for and returned to a society fighting for its curb abuse of power and provide a bal­ an independent ·Federal judiciary, oper· very existence, dedicated agents of the ance of power, as intended by the Con· ating within the bqunds delineated in international Communist conspiracy. In stitution. the Constitution, and exercising the re. the name of individual liberty, the Court I commend to the attention of the straints laid upon it under the provisions majority has indicated its philosophical Members an article which appeared in of that document. Nonetheless, we have conviction that the civil liberties of a the June issue of the American Bar seen in recent months the emergence convicted conspir3ttor is of greater im­ Association Journal entitled "The Role of a court doctrine which has caused portance than the safety and welfare of 13850 CONGRESSIONAL RECORD- HOUSE July 15 the community at large. It has upset guished gentleman from Virginia, the Members of the House that each one of long-established customs and procedures author of the bill [Mr. SMITH]. you represents a State. Each one of in the several States in the areas of taxa­ Mr. SMITH of Virginia. Mr. Speaker, you has a State governor, and the gover­ tion and the exercise of the police power. the opponents of this bill in the Commit­ nors of all of your States have advocated It has linked the hands of conscientious tee on Rules insisted on having 6 hours this bill. law-enforcement agencies to those of of debate in order that the House might The American Medical Association folly and frustration. understand what it was all about. I have been strongly behind this bill. And The massive and vibrant concern of the understand they now seek, after 1 hour, the reason they are strongly behind this American people relative to these matters to defeat the rule so that the House· bill is because they are having trouble has brought H. R. 3 on a reluctant may not have the opportunity to under­ right at this minute with the matter of journey. It is not a measure hailed with stand what this bill is all about, be­ narcotics. They are engaged in litiga­ great enthusiasm throughout the land cause it is quite a complicated subject. tion today in the State of Pennsylvania, and all of us deplores that stern reality Now, I have lived with this bill for over and I suppose there are some Members has dictated the necessity for such action. 4 years trying to get it before this House. here from Pennsylvania, with a phar­ Today the American people were in­ It has taken me 4 years to do it. The 5 maceutical association that is manu­ formed that American troops have land­ minutes that I have does not permit me facturing a drug that the health author­ ed to defend American life and property to argue this bill in an intelligent way. ities of that State say is habit forming. in Lebanon. This landing has been ne­ I am appealing to you to adopt the rule, They are trying to inspect and ascertain cessitated by the continued subversion listen to the argument on the bill, be­ what it is and control it. And yet they and political aggression of world com­ cause you will have nothing before you are in court today fighting it because of munism. Those who do not hesitate to at this session that is more important the fact that Congress has passed a use the sword and the torch as instru­ to the fundamental principles of this narcotics act and the defense is that ments of Soviet domination, are blood Government than the bill which you are Congress has preempted the field so that brothers of those here at home who would now about to consider. State narcotics acts cannot be enforced. destroy our institutions if given the op­ There is just one thing that I do want Is that the kind of situation you gen­ portunity. We have several duties to to advert to that was raised by the tlemen want to live under-you gentle­ perform, not the least important of which gentleman from New York, the distin­ men over there who, I noticed, ap­ is to insure that in our efforts to maintain guished chairman of the committee, in plauded so loudly the opposition to this the civil rights of our people, we do not which he said that the American Bar bill? Do you want to live under a State render them vulnerable to attack from Association did not favor this bill. I government which is powerless to con­ within or-without. trol the narcotics traffic? Let us proceed then, M;r. Speaker, to have here before me-and I will go into it fully in general debate-a letter from There is a case pending in the State of reluctant debate with the courage and Virginia right this minute, a narcotics with the determination to do the right the chairman of the committee on juris­ prudence and law reform, sending me a case where they have gone into the Fed­ as we are given to see the right. eral courts and asked the Federal courts H. R. 3 is not an instrument of re­ copy of a resolution adopted by the full American Bar Association-not by the to enjoin the State from prosecuting a taliation. It is a veh icle by which we narcotics ring. Is that the kind of gov­ can insure the orderly progress of the president of the American Bar Associa­ tion-which reads as follows: ernment you are here to represent? If Republic within the well-defined limits you are, God save the United States of of the constitutional charge laid upon R esolved, That t he American Bar Associa­ tion f avors t he en actment of H. R. 3, en­ America. us. It is reaffirmation of our-traditional Mr. COLMER. Mr. Speaker, I move belief in the integrity and the sover­ t itled "A bill to establish rules of interpreta­ tion governing questions of the effect of acts the previous question on the resolution. eignty of the several States and of the of Congress on State laws," and authorizes The previous question was ordered. merit of governmental institutions that and directs the standin g committee on juris­ are close to the people. It reiterates our The SPEAKER. The question is on prudence and law ref orm t o a dvocate by all the resolution. belief that a government should protect appropriate means its p assage by the Con­ and defend its people, and not restrict, gress of the United States. Mr. YATES. Mr. Speaker, on that I befuddle, and har ass them. Thomas demand the yeas and nays. Jefferson wrote, "A single consolidated I have just 3 days ago received a letter The yeas and nays were ordered. government would be the most corrupt from the chairman of the committee in The question was taken; and there goveriunent on earth," and it must be. charge, Mr. Benjamin Wham, a very were-yeas 268, nays 114, not voting 48, our continuing t ask to insure that all distinguished lawyer of the Chicago bar. as follows: power is not centered in the Federal He says that they proposed an amend­ [Roll No. 128] Government. . ment to H. R. 3 because they did not YEAS-268 In 1878, Senator Benjamin Harvey think H. R. 3 was strong enough. They, Abbitt Brooks, La . Dawson, Utah Hill, in speaking of corporations, said: wanted to strengthen it, they did not Abernethy Brooks, Tex. Dennison want to weaken it. In conclusion he Adair Broomfield Derounian I do not dread these corporations as in­ Albert Brown, Ga . Devereux st rument s of power to dest roy this countr y, says: Alexander Brown , Ohio Dixon because there are a thou sand agencies which We were mer ely t rying to improve it as we Alger Brownson Dooley can regulate, restrain and 'control them; but t h ou gh t . The f act is that we are heartily in Allen , Ill. Broyh ill Darn, S . C . . Andr ews Budge Dowdy there is a corporat ion we may all drea d . favor of H. R. 3 as being an impr ovement Arends Burleson Doyle That corpora tion is the F ederal Government. over the present situation. We urge you Ash !nore Bush Durham From the aggression of this corporation and others to continue to fight for the pres­ Aspin all Byrne, Ill. Dwyer there can be no safet y, if it is allowed to ervation of State law from pr eemption of the Auchincloss Byrn es, Wis. Elliot t go beyond the bounds, the well-defined. Federal Government. Baker Cannon Everet t limits of its power. I dread nothing so Baldwin Cederberg Evins much as the exercise of ungranted and The President of the United States Barden Chamberlain Fallon has made several expressions in favor of Bass, N . H . Ch elf Fascell doubtful powers by this Government. It is, Bass, Tenn. Chenoweth Fenton in my opinion, the da nger of dangers to the preserving the right of States to operate. Bates Chiperfield Fino future of this country. Let us be sure we The American Bar Association, as I have Baumhart Church Fisher keep it always within its limits. If this just shown you, approves this bill. The Beamer Clevenger Flynt great, ambitious, ever-growing corporation. Association of Attorneys General of the Becker Coffin Ford becomes oppressive, who shall checlt it? If it Beckworth . Collier Forrester United States, composed of all the at­ Belcher Colmer Fountain becomes wayward, who shall control it? If torneys general of the 48 States, advo­ Benn ett, Fla. Cooley Frazier it becomes unjust, who shall trust it? As Bentley Cramer Garmatz sentinels on the country's watchtower, Sen­ cated very strongly the principles of this Berry Cretella Gary ators, I beseech you, watch and guard with bill. We differed with them somewhat Betts Cunningham, Gathings sleepless dread that corporation which can about language, but they were strongly Blitcb Iowa. George make all property and rights, all States and behind it. Boggs Cunningham, Glenn people, and all liberty and hope, its play­ Bolton Nebr. Grant At the Atlantic City conference of the Bonner Curtis, Mass. Gray things in an hour and its victims forever. governors of the 48 States of this Union Bosch Curtis, Mo. Griffin Bow Dague Gross Mr. COLMER. Mr. Speaker, I yield they passed a resolution urging the Boykln Davis, Ga. Hale the remaining 5 minutes to the distin- adoption of this bill. May I say to the Bray Davis, Tenn. Haley 1958 CONGRESSIONAL RECORD- HOUSE 13851 Halleck McGregor Rogers, Mass. Machrowicz Radwan Talle trend in the field of Federal preemption. Harden Mcintire Rogers, Tex. Miller, Md. Robeson, Va. Taylor Under the Steve Nelson decision the Hardy Mcintosh Rutherford M11ler, N.Y. Santangelo Thompson, La. Harris McMillan Sadlak Morris Shelley Trimble States can no longer prosecute their own Harrison, Nebr. McVey St. George Moulder Sheppard Wigglesworth citizens under State sedition laws, be­ Harrison, Va. Mack, Wash. Schenck O'Hara, Minn. Shuford Williams, N.Y. cause there happens to be a Federal se­ Harvey Mahon Scherer Osmers S ieminski Younger Haskell Mailliard Schwengel Polk Smith, Kans. dition law of Congress. Under the Hebert Martin Scott, N.c. Cloverleaf decision the States can no Hemphill Mason Scrivner So the resolution was agreed to. longer enforce their own agricultural Henderson Matthews Scudder The Clerk announced the following sanitary laws, because there happens to Herlong May Selden pairs: Heselton Meader Sheehan be a Federal Pure Food and Drug Act Hess Merrow Sikes On this vote: on the Federallawbooks. H iestand Michel Siler Mr. Hays of Arkansas for, with Mr. San- The bill before us today, H. R. 3, deals Hill Miller, Nebr. Simpson, Dl, tangelo against. Hillings Mills Simpson, Pa. with this general subject of Federal pre­ Hoeven Minshall Smith, Calif Mr. Trimble for, with Mr. Denton against. emption. I want to explain and pinpoint Hoffman Mitchell Smith, Miss. . Mr. Friedel for, with Mr. Buckley against. Holmes Moore Smith, Va. Mr. Robeson of Virginia for, with Mr: De- the limited scope of this proposed legis­ Holt Morrison Spence laney against. lation. But there has been so much mis­ Horan Mumma. Springer Mr. Dies for, with Mr. Christopher against. understanding about the purpose of the Hosmer Murray Stauffer Mr. Baring for, with Mr. Eberharter bill that I think I should start by point­ Huddleston Natcher Steed against. Hull Neal Taber ing out what the bill does not do. Hyde Nicholson Teague, Calif. Mr. Morris for, with Mr. Gordon against. This legislation does not, as indeed it Ikard Nimtz Teague, Tex. Mr. Jenkins for, with Mr. Shelley against. cannot, validate invalid State laws. Jackson Norblad Tewes Mr. Avery for, with Mr. Anderson of Mon- Jarman Norrell Thomas tana against. Thus a Federal act is supreme in any Jennings Ostertag Thompson, Tex. Mr. Taylor for, with Mr. Sieminski against. field involving exclusive Federal power. Jensen Passman Thomson, Wyo. Mr. Shuford for, with Mr. Machrowicz Examples of such fields of Federal power Johansen Patman Thornberry Jonas Pelly Tollefson against. are foreign relations, war, naturaliza­ Jones, Ala. Philbin Tuclt Mir. Miller of New York for, with Mr. Hays tion, coinage, bankruptcy, post office Jones, Mo. Pilcher Utt of Ohio against. and postal legislation, and so forth. Judd Pillion Van Pelt Mr. Talle for, with Mr. Sheppard against. Article 1 of section 10 of the Constitu­ Kean Poage VanZandt Mr. Thompson of Louisiana for, wit:1 Mr. Kearney Poff Vinson Burdick against. tion specifically denies certain powers to Kilburn Porter Vorys Mr. Osmers for, with Mr. Clark against. the several States. Any State legisla­ Kllday Preston Vursell Kilgore Prouty Walter Mr. James for, with Mr. Allen of California tion involving these broad fields of Fed­ Kitchin Quie Watts against. eral power would, of course, be com­ Knox R ains Weaver Mr. Williams of New York, for with Mr. pletely unconstitutional and utterly Krueger Ray Westland Polk against. null and void. Lafore Reece, Tenn. Wharton Mr. Radwan for, with Mr. Coudert against. Laird Reed Whitener Now there are many areas where Fed­ Landrum Rees, Kans. Whitten Until further notice: eral and State laws could constitution­ Lankford Rhodes, Ariz. Williams, Miss. ally stand side by side. These are com­ Latham, Riehlman Willis Mr. Brown of Missouri with Mr. Smith of LeCompte Riley Wilson, Calif. Kansas. monly referred to as areas of concurrent Lennon Rivers Wilson, Ind. Mr. Gregory with Mr. Wigglesworth. jurisdiction. Nevertheless if the Federal Lipscomb Roberts Winstead Mr. Moulder with Mr. ' H. Carl Andersen. act expresses the intent of Congress to Loser Robison, N.Y. Wolverton Mr. Edmondson with Mr. Miller of Mary- McCulloch Robsion, Ky. Wright occupy a particular field, then the Fed­ McDonough Rogers, Fla. Young land. eral law is supreme. This has been the NAYS-114 The result of the vote was announced consistent jurisprudence enunciated by Addonizio Granahan Multer as above recorded. the United States Supreme Court over Anfuso Green, Oreg. Nix Mr. WILLIS. Mr. Speaker, I ;move the years. The bill before us, H. R. 3, Ashley Green, Pa.. O'Brien, Ill. that the House resolve itself into the respects this jurisprudence in unequivo­ Ayres GriiDths O'Brien, N.Y. cal language. Bailey Hagen O'Hara, Ill. Committee of the Whole House on the Barrett Healey O'Konski State of the Union for the consideration And if in these areas of concurrent Bennett, Mich. Holifield O'Neill of the bill ; Algoma Plywood and Mr. THOMPSON of Texas, Chairman of of the Supreme Court decisions in re­ Veneer Co. v. Wisconsin Board, 336 U. S. the Committee of the Whole House on cent years indicates that the case is quite 301 ( 1949) ) • the State of the Union, reported that that to the contrary. The Court has in fact The Court has continued to uphold State Committee having had under considera­ gone far, gone exceedingly far, and I say action in the labor relations field in United tion the bill H. R. 3, and finding itself that specifically to the gentleman from Construction Workers, etc. v. Laburnum Con­ without a quorum, he had directed the Louisiana, who made a very magnificent struction Corp., 347 U. S. 656 (1953), which roll to be called, when 352 Members re­ statement with reference to the cause upheld State court jurisdiction over a com­ sponded to their names, a quorum, and mon law tort action for damages even represented by H. R. 3, in upholding though the conduct complained of also con­ he submitted herewith the names of the State action especially in questions in­ stituted an unfair labor practice under Fed­ absentees to be spread upon the Journal. volving public health, safety, and order. eral law. In somewhat similar situations, The Committee resumed its sitting. As recently as May 20 of this year, the the Court in two decisions handed down on Mr. CELLER. Mr. Chairman, before Supreme Court refused to apply the pre­ the same day (May 26, 1958) just a few weeks the quorum call I had endeavored to in­ emption doctrine and sustained the ago, reasserted State power in this field dicate the vast preponderating number States' power to entertain certain dam­ (International Union v. Russell, 356 U. S.­ of cases where our Supreme Court has age suits arising from union activity in (1958); International Association of Machin­ ists v. Gonzales, 356 U. S. - ( 1958). upheld the States' jurisdiction and has a labor dispute subject to the Taft­ In addition, the Supreme Court has gone refused Federal preemption. The few Hartley Act. I refer to the Interna­ far in respecting State action directed at cases where the Supreme Court has indi­ tional Association of Machinists against preserving public order in labor disputes in cated that the Federal court was su .. Gonzales and International Union interstate commerce. Similarly, in matters preme were in the main difficult cases, against Russell. I ask the gentleman affecting public health and safety, the Court difficult to decide, intricate to fathom. from Louisiana, if I may have his atten­ has, wherever possible, upheld the right of They were cases usually decided by a tion, to look at page 9 of the report which the States to protect their people. divided court. I signed and which was signed by the mi­ There are about 20 cases that I have The effect of these cases has been un­ nority. There you have a whole list of called attention to in the report, which duly exaggerated by the proponents of cases, a very formidable list of cases clearly indicate that the courts have H. R. 3. I point now to the many, many which clearly indicates that the Court gone out of its way to uphold the State cases where Federal preemption was has gone out of its way to uphold the acts in the face of similar Federal acts. denied. We rarely hear of those cases. State on questions of concurrent juris­ We have had paraded before us all man­ They are conveniently forgotten. diction. I have but to read the follow­ ner and kinds of argiunents that the I commend for your reading page 9 of ing: Supreme Court does not give a hoot and the minority report on this bill, where Thus, in the dairy and cattle industry, an howl for the State acts. That is not I unfold these many cases covering a order of the State of New York prohibiting true and it is well to present before this plethora of subjects, all manner and the importation of cattle without a health body the exact state of facts. I ask you kind of subjects, where the Court has certificate was upheld against the argument to read page 9 of the report where you that the Cattle Contagious Diseases Acts said, "No; we will not recognize the pre­ (33 Stat. 791 (1903), 33 Stat. 1264 (1905)), have cases as late as June of this very eminence of the Federal authorities. We had preempted the field (Mintz v. Baldwin, year where the Supreme Court has gone recognize the State authorities, and the 289 U. S. 346 (1933)). Similarly, in the out of its way to uphold the State stat­ State shall be supreme in this matter." area of agricultural controls, the Court sus­ utes where there would be the slightest Those are the cases that stick up like tained a California agricultural marketing conflict-or even the greatest conflict­ sore thumbs, but we never hear about program as not being in conflict with or pre­ in some instances with the Federal stat­ them. Those who are in favor of this cluded by the commerce clause, the Sherman ute. Act, or the Federal Agricultural Marketing bill, as I indicated before, conveniently Agreement Act .(50 Stat. 246 (1937), Parker I have before me an article from the like to disregard them. v. Brown, 317 U. S. 341). In Townsend v. New York Times. The headline is "High I repeat what I said before: In apply­ Yeomans (301 U. S. 441 (1937)), a Georgia Court Backs States Over the ICC-5 to ing the doctrine of H. R. 3 the proponents statute fixing maximum charges for han­ 4 Verdict Blocks the Sale of a Bus Line of H. R. 3 claim that the Court has dis­ dling and selling leaf tobacco, as applied to in California and Blocks Rail Rate Rise torted the purpose of the Congress and tobacco for export, was held not to conflict in Utah." has all but destroyed the rights of the with the Tobacco Inspection Act ( 49 Stat. Mr. DINGELL. Mr. Chairman, I 731 (1905)). States in the exercise of their concur­ In Union Brokerage Co. v. Jensen (322 make the point of order that a quorum rent powers. That is not true. That is U. S. 202 (1944)) the Court upheld the ex­ is not present. not true. clusion by Minnesota from its courts of a The CHAIRMAN. The Chair will Mr. SCHERER. Mr. Chairman, will firm licensed by the Federal Government count. [After counting.] Fifty-one the gentleman yield? because of its failure to obtain the license Members are present, not a quorum. Mr. CELLER. I yield. required by State law. In a case arising The Clerk will call the roll. under the Natural Gas Act (52 Stat. 821 Mr. SCHERER. The gentleman from (1938)) the Court upheld the right of States The Clerk called the roll, and the fol­ New York cited a long series of cases in to regulate rates for gas sold within the lowing Members failed to answer to their which the Supreme Court, as he says State by an interstate pipeline company names: upheld the State law and found that (Panhandle Eastern Pipe Line Co. v. Public [Roll No. 129] the Federal law did not preempt the Service Commission oj Indiana, 332 U. S. Albert Friedel Radwan 507 (1947)). Allen, Calif. Gordon Rhodes, Ariz. field. I want to ask the gentleman this In the field of State regulation of grain Andersen, Gregory Robeson, Va. question: With the exception of one exchanges, the Court has upheld the right H. Carl Gubser Rooney case, in all of these which you cited, is Anderson, Gwinn Santangelo of a State to prescribe such rules as did not Mont. Hays, Ark. Shelley it not a fact that those cases were all conflict with the provisions of the Commod­ Avery Hays, Ohio Shuford decided before 1954? ity Exchange Act (49 Stat. 1491 (1936), Barden Hillings Sieminski Mr. CELLER. No, sir. I gave you Rice v. Chicago Board of Trade, 331 U. S. 247 Baring James Smith, Kans. two cases decided in 1958-the cases of (1947)). In California v. Zook (336 U. S. Barrett Jenkins Smith, Miss. 725 (1949)) the Court rejected the argument Boland Kearney Spence International Union against Russell in that the Federal Motor Carrier Act ( 49· Stat. Bolling Kearns Staggers 356th United States Reports; and Inter­ Buckley Kirwan Steed 543 ( 1935) ) precluded the States from pro­ Burdick Kluczynskl Talle national Association of Machinists hibiting the sale of transportation over the Chiperfleld LeCompte Taylor against Gonzales, 1958; and the United highways. Christopher Macdonald Teague, Tex. Construction Workers, etc., against La­ In the field of labor relations, the Court Clark Machrowicz Thompson, La. burnum Construction Corp., 1953; and so has found that the Wagner and Taft-Hartley Coudert Magnuson Trimble on. I did not cite all the cases. I can Acts do not preclude all State legislation in Denton Miller, N.Y. Vinson the field. Thus, in a number of cases aris­ Dies Morris Vursell give you many more cases. Eberharter Moulder Watts Mr. SCHERER. Just a minute. ing in Wisconsin, the Court has upheld Edmondson O'Hara, Mlnn. Wigglesworth orders of the State employment relations Farbstein Osmers Williams, N.Y. With the exception then of the two board, although the industry was in inter- Fogarty Powell . Younger cases. 13858 CONGRESSIONAL RECORD- HOUSE July 15 Mr. · CELLER. No, no, not at all. Mr. SCHERER. If I am wrong, tell us Mr. CELLER. I yield to my distin· There are many, many other cases why. guished colleague. which can be cited. Mr. CELLER. Mr. Chairman, 1 must Mr. WILLIS. Will the gentleman state Mr. SCHERER. Let me ask the gen­ decline to yield fUrther to my colleague. more specifically a situation where the tleman this question then. So far as Mr. Chairman, this bill is being used condition he indicated will arise? He the cases listed in the minority views, as a subterfuge to see to it that certain states a matter with which I do not for however, all of them with the exception factions in certain States can molest and a moment disagree; but will the gentle­ of two were decided before 1954; were hurt and hound certain peoples. man conjure up a set of facts where that they not? This is a way of getting around some situation could arise? If it is as horrible Mr. CELLER. That is an unfair of the Supreme Court's decisions, and as the gentleman envisions, I certainly statement. I can read to you now some that is why I say to the gentleman with would agree with what he states; but will more cases. all due respect, that he is quite naive the gentleman conjure up a set of facts Mr. SCHERER. I am only asking you if he does not see through this legislation. embodying those horrible things he envi­ about the cases cited. Mr. SCHERER. Does the gentleman sions? Mr. CELLER. You will not catch me say-- Mr. CELLER. Yes. I indicated that in that kind of a trap. Mr. CELLER. Mr. Chairman, I do not little Taft-Hartley Acts could be passed Mr. SCHERER. I am not trying to yield. by various States where General Motors catch you in that kind of a trap. Mr. SCHERER. But the gentleman operates, for instance. Therefore, Gen­ Mr. CELLER. I say to you there are said I was naive. eral Motors will be confronted with many more cases and we have not cited labor-relations acts that might be dif­ The CHAIRMAN. The gentleman de­ ferent from the Taft Hartley Act. I can­ them all. I must decline to yield fur­ clines to yield. ther to the gentleman a.t this point. I not resolve the insoluble. Then they Mr. CELLER. The gentleman can an­ would be up against it. They would not want to read this. Listen to this. I swer in his own time. Certainly there hold in my hand a report of the New know whether to comply with the State are cases· in the courts, some recently, or the National standard. They would York Times which speaks of two more that need correction; but as has been important cases just cited a short while be up against different standards in stated so very splendidly by my distin­ maybe 2, 3, or 4. States, and they would ago on May 19 of this 1year. The news guished colleague, the ranking member item reads as follows-! have not been not know which standard to comply with. of the Judiciary Committee, in those Mr. WILLIS. What standard is the able to get these reports, but the item cases let us take the matter up case by says: ( gentleman talking about? ease. It is unfair and imprope-r to use Mr. CELLER. Labor standards, hours Supreme Court in two cases today restrict­ this shotgun approach, be-cause in a c'er­ ed the authority of the Interstate Commerce of employment, and conditions of em­ Commission to regulate transportation with­ tain sense we do a grave injustice by ployment, collective-bargaining units, in a single State. In one State the ICC had using this shotgun approach. unfair practices, and the like. approved a proposal by the Pacific Grey­ Certainly the one clear result of the Mr. WILLIS. All right; let us take hound Lines to transfer to a subsidiary all enactment of H. R. 3 will be a rush of the question of hours; where would you its operations in the San Francisco Bay area. unnecessary litigation since, as a rule have different standards? The ICC, of course, represents the of construction, the bill would be retro­ Mr. CELLER. Under this bill, the­ Federal Government. spective as well as prospective, working State of Illinois or the State of Louisiana The- item reads further: backward as well as forward. It would could pass a Taft-Hartley Act setting up place in doubt legal relationships and The Commission claimed authority to ap­ standards of their own. prove the transfer regardless of the views of responsibilities which have come to be Mr. WILLIS. Let us get down to brass the California Public Utilities Commission accepted and understood over decades. tacks, let us take one illustration, let and the Supreme Court upheld the views of Thus railroads would no longer know us take hours. the California State commission and blocked whether they were obliged to conform Does the gentleman mean to say that the transfer. with Federal or State safety appliance that would be the squeeze if the Federal In the other case, the ICC had ordered acts. Unions frequently would be unable law provided a 40-hour week and the an increase in railroad freight rates to decide whether their rights and obli­ State law provided for a 50-hour week? within Utah to meet interstate rates, gations were governed by State labor re­ Is that what the gentleman has in mind? and the Supreme Court sustained the lations acts or the Taft-Hartley Act. Mr. CELLER. Yes, and that is why States' contentions and blocked the rail­ Power companies and natural gas com­ the American Federation of Labor and road increased rates promulgated by the panies as we-ll as many other utilities the CIO have indicated to us in no un­ ICC. would be similarly affected. How in certain language their position. If that So that it is. as clear as rain. It is thunder, for example, could a nationally were not so they would say, "Pass your crystal clear. We have any number of occupied concern like General Motors, bill, and bless you." They have indi­ cases where the Court has interceded on or Standard Oil, or American Telephone cated they are opposed to this bill. behalf of the State as against the Fed­ and Telegra:ph, or the Du Pont Co. op­ Mr. WILLIS. The gentleman asked eral Government in these matters. erate in many States when they might for an answer. Will he permit me to Mr. SCHERER. Will the distin­ be confronted with 7, 8, 9, or 10- different answer the last case, the only illustra­ guished gentleman yield for another kinds of labor laws? That is possible if tion he gave, that General Motors or question? you pass this bill. so:nebody might be squeezed in the event Mr. CELLER. I yield. They have learned to rely upon the that this bill was passed, because the Mr. SCHERER. Is it not a fact that Taft-Hartley Act, for the standards Federal law being 40 hours per week the this legislation is before us today be­ whfch shall govern them, but under this States might pass little Taft-Hartley cause the Court in the last 3 years has bill you permit the States to act indi­ laws making it 50 hours a week. That practically reversed its position from vidually and they can say, "We have con­ is the illustration of where the- trouble that set forth ·in the great number of current jurisdiction," and they would will arise. This bill spe-cifically says that cases you have cited? have concurrent jurisdiction. if there is direct conflict between the Mr. CELLER. How naive can a man The CHAIRMAN. The time of the Federal law and the State law the Fed­ get? How naive can you get in making gentleman from New York has expired. eral law prevails. Can the gentleman that kind of a statement? I can tell you Mr. CELLER. Mr. Chairman, I yield conceive of anything more directly con­ I am quite sure there are many underly­ myself 5 additional minutes. flicting than the two numbers of 50 and ing causes for this legislation. How then, Mr. Chairman, could these 40? I. will say to the gentleman that does Mr. SCHERER. Why is this legisla­ national associations with their activities not hold. The railroad illustration does tion before us? spread over many States really conduct not hold. The arithmetic is not good. Mr. CELLER. Just a moment. This their operations in a successful manner? I have yet to hear any illustration based legislation is very much like an iceberg. I ask that question, and I would like to upon fact rather than a conclusion that You can only see about one-third of this get an answer. something might aris.e. bill. But, most of this bill is submerged Mr. WILLIS. Mr. Chairman, will the Mr. CELLER. The gentleman's con­ and you do not see it. gentleman yield for an answer? clusions are not justified by the facts. I 1958 CONGRESSIONAL RECORD- HOUSE 13859 say that that is not what we call or what union, which is not recognized under the not expressly--did not in so many words the bill calls an irreconcilable confiict. Taft-Harley Act? say that we shall have preemption juris­ It may be a conflict but it is not an irrec­ Mr. CELLER. That is correct. diction here, and therefore the States oncilable conflict. Mr. THOMPSON of New Jersey. Is will pass some legislation parallel to Mr. WILLIS. The 40 and 50? that not an applicable illustration? those old statutes, upset the Federal Mr. CELLER. That is not what we call Mr. CELLER. That is an excellent statutes, upset all the case law that have an irreconcilable conflict, therefore the illustration. been congealed and developed as the State law could continue to operate Mr. THOMPSON of New Jersey. So result of the Federal statute and cause alongside the Federal law and create if carried to its logical conclusion in this naught but confusion. That is why I confusion worse confounded. That is case, the Taft-Hartley Act would to all am objecting to this bill. the gravamen of our complaint against intents and purposes in several States The problem is particularly acute in this bill. be effectively repealed, in New York at the transportation industry where en­ Mr. THOMPSON of New Jersey. Mr. least, having a little Wagner Act, and actment of H. R. 3 could lead to the im­ Chairman, will the gentleman yield? thus would become the labor law of the position of diverse requirements by the Mr. CELLER. I yield to the gentleman State? various States as to conditions of labor from New Jersey. Mr. CELLER. I think the gentleman not specifically covered in Federal leg­ Mr. THOMPSON of New Jersey. Is is eminently correct and I thank him islation. It would bring into effect in­ not the distinguished gentleman confus­ for his contribution. numerable and conflicting State statutes ing the Fair Labor Standards Act and Mr. MEADER. Mr. Chairman, will requiring particular safety appliances, the Taft-Hartley Act? the gentleman yield? diverse rights of way, station facilities, Mr. CELLER. I think he is. Let us Mr. CELLER. I yield to the gentle­ conflicting labor requirements, and thus take the Railroad Labor Act. man from Michigan, and I hope that he impose a costly and unreasonable bur­ Mr. WILLIS. Will someone give me will hereafter, when he speaks of the den on interstate transportation indus­ an illustration of facts? Committee on the Judiciary, do it with tries. It could result in varying require­ Mr. CELLER. I gave it to the gen­ a little more reverence than he did on ments by the many States as to locomo­ tleman. I can give you others on the the last occasion when he spoke with tive equipment and design-matters question of t;he farms, on the question reference to a bill coming out of the which are now controlled by the Federal of farm products. You may have vari­ Committee on the Judiciary. Locomotive Boiler Inspection Act. The ous kinds of packaging laws and brand­ Mr. MEADER. The reason I asked vitalizing of diverse State laws on the ing laws in various States which may the gentleman to yield to me was because subject of employers' rights would play be in confiict with the Federal law, but I know he has studied this subject so havoc with the Federal Employer's Lia­ not in irreconcilable conflict; therefore, thoroughly that he can clear up some bility Act. Little State railway labor the farhlers would be sorely put to it to confusion which has resulted from his acts would upset time-honored condi­ determine what to do with reference to last observation. If I understood him tions set by the United States Railway marketing and with reference to pack­ correctly, he fears the adoption of H. R. Labor Act. Interstate transportation aging and with reference to warehous­ 3 because it will adversely affect the Fed­ systems could be subjected to the orders ing. There are many kinds of illustra­ eral legislation in the field of labor, yet of State commissions requiring costly tions. on page 9, which he urged us all to read, modifications, such as the relocation of The CHAIRMAN. The time of .the the next to the last paragraph, the gen­ main line tracks, even though the State gentleman from New York has expired. telman says: "The court has continued commission had not taken into account Mr. CELLER. Mr. Chairman, I yield to uphold State action in the labor rela­ the overall condition and needs of the myself 5 additional minutes. . tions field" and he cites two cases de­ system. At the very least, a flood of law­ Mr. METCALF. Mr. Chairman, will cided on May 26, 1958, upholding State suits over these and hundreds Qf similar the gentleman yield? action in the field of labor relations, and problems will inevitably result if this bill Mr. CELLER. I yield to the gentle­ he cites them, as I understand his argu­ is enacted. man from Mo.ntana. ment, as saying this preemption doctrine I read the following telegram: Mr. METCALF. The Taft-Hartley law has not impaired State action in various WASHINGTON, D. C., May 19,1958. and the labor-managemen,t laws all ·fields. Now, I think there may be others Congressman EMANUEL CELLER, deal with unfair labor practices. For that are as confused as I am. I think Chairman, House Office Building, example, suppose that a State law pro­ he should clear us up, and if he does Washington, D. C.: vides that certain things shall be deemed clear it up, I will be very happy to com­ Enactment of H. R. 3 without language to be unfair labor practices. Maybe they mend him and his great Committee on excepting its application to carriers subject have taken the same section out of the the Judiciary. to Part 1 of the Interstate Com~nerce Act Taft-Hartley law. You go to the State such as railroads would create chaos in the courts and they interpret that differently Mr. CELLER. I simply cite those two field of Federal regulation of the railroads . . cases as the latest illustrations of how For example, in areas now preempted by than the Federal courts have determined the court in its wisdom has rejected Fed­ Federal legislation such as: (1) Rates, H. R. it. We would therefore have a conflict 3 might lead to establishment of multitu­ between the State and Federal law under eral preemption and has indicated that it will accept the State's jurisdiction in dinous rates on a single com~nodity depend­ the exact language of the two sections. those particular instances, and the court ing upon the action of State courts and Mr. WILLIS. Those conflicts arise having done that not only in those two juries as to a reasonable rate; (2) Penalties, now. With reference to the gentleman's many antiquated State laws are in existence statement on agriculture, I hold in my cases but in many others that I have and would have application to interstate cited and many others that I can cite, rail transportation service if H. R. 3 were hand here a telegram from the American there is no need for legislation of this enacted, including nullifying car service Farm Bureau. sort. That is why I cite these cases, orders of the Interstate Commerce Commis­ Mr. CELLER. Will the gentleman because the States are getting a fair deal sion; (3) Safety appliances and free inter­ take that out of his own time? now, despite the views that we heard to change of rolling stock among railroads in Mr. WILLIS. I do not want to im­ the contrary, from the Supreme Court, this country, H. R. 3 would permit the sub­ pose on the gentleman's time. and therefore there is no need for H. R. stitution for Federal law of innumerable and Mr. CELLER. I hope the gentleman conflicting State statutes requiring particu­ 3, which will have damaging effects all lar safety devices on railroad rolling stock; will take that out of his own time. along the line, which will have damag­ (4) Locomotive inspections, conflicting State Mr. THOMPSON of New Jersey. Mr. ing effects as to what we did in the past. laws might be given full application with Chairman, will the gentleman yield? I want the gentleman to know that this resulting intolerable operation conditions; Mr. CELLER. I yield to the gentle­ legislation not only looks to the future, (5) Hours of service, the diversity of State man from New Jersey. but it looks to the past, because this is employment laws Is a matter of cominon Mr. THOMPSON of New Jersey. Un­ a rule of construction and it speaks of knowledge and enactment of H. R. 3 would is lead to untold complications and additional der the Bethlehem case, it not true every act of Congress, so that you might expense in complying therewith as compared that in that situation that, for instance, take up some act of 1830 or some act of to existing Federal law. Cannot overempha­ New York has a little Wagner Act which 1840 and somebody might say there is no size the undesirable nature of and chaotic allows the recognition of a foreman's preemption there, because Congress did condition that would be created in the field 13860 CONGRESSIONAL RECORD- HOUSE July 15 of interstate railroad transportation by en­ present and future, Congress will resort of Justice concerning the blll (H. R. 3) "To actment of H. R. 3 without language except-­ to pro forma preemption. Congress establish rules of interpretation governing ing its application in instances o~ railroad& would say "When in doubt add words of f}Uestions of the effects o1 acts of Congress on. subject to the Interstate Commerce Act. State laws." GREGORY S. PRINCE, preemption." Take no chances. Thus. The biU would provide that no act of Con­ Vice President and General. Counsel, instead of enhancing States rights the gress shaU be construed as occupying the field Association of American .Rail­ effect may be the opposite. in which such act operates, to the exclusion roads. Indicative of the widespread conster­ of State laws on the same subject, without nation which H. R. 3 has caused is the express provision to that effect. It would RAILWAY LABOR EXECUTIVES' strenuous opposition of such disparate further provide that no State law shall be ASSOCIATION, groups as the AFL-CIO and the Associa­ construed as invalidated by an act of Con­ gress,. unless there is such. a direct and posi­ Washington, D. C., May 22', 1958. tion of American Railroads. In addi­ H :m. EMANUEL CELLER, tive conflict between an express provision of Chairman, House Judiciary Committee, tion, every Government agency charged such act and such provision of the State law House of .Representatives, with administering laws affected by so that the two cannot be reconciled or Washington, D. C. H. R. 3 has opposed the bill as creating a consistently stand together. DEAR MR. CHAIRMAN: The Railway Labor plethora of problems by upsetting re­ - It is understood that the bill is intended Executives' Association wishes to record with sponsibilities which have become ac­ to meet a situation exemplified by the deci­ you its strong opposition to H. R. 3 which cepted and ·understood through years sion of the Pennsylvania Supreme Court in we understand is actively under considera­ the case of Commonwealth v. Nelson (104 tion by the House Committee on the Judi­ of experience under existing legal A. 2d 133 (January 25, 1954)) .. holding that ciary. Our basic reason for this opposition doctrine. a conviction under Pennsylvania law of sedi'1 is the widespread disruption and confusion Problems concerning the relation of tion against the United States could not be which enactment of the bill would create the Federal and State governments sustained because the Smith Act (18 U.S. 0. in the railroad industry. were the prime subjects of discussion at 2084-85) by defining sedition against the There are many statutes in the field, in­ the time of the adoption of our Consti­ United States and prescribing pqnishments eluding the Railway Labor Act, the Railroad tution, and down through the years new therefor, had suspended the operation of the Retirement Act, the Carriers' Taxing Act, the situations have occurred which have State sedition law. Railroad Unemployment Insurance Act, the The rule of interpretation proposed in the Federal Employers.' Liability Act, the Hours given rise to similar problems. In each bill would radically chang.e the rules applied of Service Act, the Safety Appliance Act, and case the problems had to be met and oy the courts since the early days of this many provisions of the Interstate Commerce dealt with in accordance with the de­ country to one major aspect of the problem Act, the settled construction of which would mands of each individual set of cir­ of concurrent Federal and State jurisdiction be seriously jeopardized and exposed to a cumstances. It appears questionable in certain areas. See Gibbons v. Ogden (9 rash of litigation if this bill passes. I am that a formula could be found that Wheat. 1). Under the Constitution, certain sure you recognize that railroads, their em­ would serve to define in all instances powers may validly be exercised either by the ployees, and their bargaining representatives just how the relationship between State Federal Government or by the States, until are direct inst1·umentalities of interstate "Congress shall see fit to act upon the sub .. commerce. and Federal laws should be interpreted. ject." Ex parte McNiel (80 U. S. 236, 240). Aside from the danger of impairing the This is recognized in the Nelson decision Enactment of a Federal law, however, ex­ settled construction of these statutes, the itself. There the court observed that cludes the State act from the field occupied enactment of H. R. 3 could also lead to very courts have utilized different criteria as by the Federal statute. Since the "Con­ substantial injury to the employees them­ a basis for finding whether or not the stitution, and the laws of the United States selves with respect to many benefits which Federal law does in fact supersede State which shall be made in pursuance there­ they now enjoy under Federal law. law in a specific instance. The court of • * • shall be the supreme law of the We urge that if there is a pr~ven need for land • • *" (Constitution, art. VI) "where less Federal regulation and operation of in that decision quoted as follows from the United Sta:tes exercises its power of legis­ greater State authority with respect to cer­ the earlier case of Hines v. Davidowitz lation so as to conflict with a regUlation of tain problems, the Congress should consider (312 U. S. 52, 67) in order to describe the State, either specifically, or by implica­ those matters separately by statute rather some of those criteria: tion, the State legislation becomes inopera­ than to seek to reach it by broad enactment This court, in considering the validity of tive and the Federal legislation exclusive in which we believe would oniy create more State laws in the light of • • * Federal its application." CloveTleaf Co. v. Patter­ harm than good. The broad approach in­ laws touching the same subject, has made son (315 U.S. 148>. volved in H. R. 3 would affect all Federal use of the following expressions; conflicting; The principal area of Federal legislation statutes in all fields of Federal legislation contrary to; occupying the field; repug­ involved is that under the commerce clause, without any precise evaluation of the need nance; difference; irreconcilability; incon­ although problems of concurrent jurisdic­ in each such field, and would inevitably sistency; violation~ curtailment; and inter-­ tion might well arise in any field of Federal thwart many of the express desires of Con­ ference. But none of these expressions pro­ operation. In recent times, the Federal leg­ gress embodied in statutes such as those in vides an infallible constitutional test or an islation on labor-management relationships the railroad field dealing with specific sub­ exclusive constitutional yardstick. In the affecting interstate commerce has been the ject matters. final analysis, there can be no one crystal subject of litigation under the supremacy we will appreciate your supporting our clear distinctly marked formula. clause. Allen-Bradley Local v. Board (315 position in opposing this bill. U. S. 740); Hill v. Florida (325 U. S. 538); Kind regards. · Perhaps a broadening of concurrent GaTner v. Teamsters, Chauffeurs and Helpers Respectfully, powers may be desirable in some fields. Local Union No. 776 (346 U. S. 485). Con­ A. E. LYON, but if it is, a reasonable legislative ap­ flict problems have also been raised recently Executive Secretary. proach demands no less than that we in connection with the Federal exercise of Since the function of preemption de­ know what we are doing when we act war powers in price control legislation, Case pends upon the interrelationship of and we can only do that by legislating v. Bowles (327 U.S. 92), and Federal control for situations which are specific and lim­ over aliens under the foreign relations and State and Federal law, a responsible de­ immigration powers. Hines v. Davidowitz cision on the question requires knowl­ ited enough for the probable effects of the (312 U. S. 52). Takahashi v. Fish and Game edge of State and municipal law. To legislation to be apparent. CommissCon (334 U. S. 410). consider each bill with a view to possible Certainly, a complex, 20th century Under the present rules of interpretation, preemption requires knowledge of the economy should not be subjected to the the courts look to the purpose and scope of law of each of the 48 States on almost chaos inherent in H. R. 3. It is a horse the Federal. legislation to determine as a every subject. Even then the decision and buggy formula applied to an atomic matter of fact whether there is such a con­ can only be made on the basis of existing­ age. flict or likelihood of conflict that the State · Permit me to give you the views of law must be overridden by the Federal. State law. Yet the Federal law is Cloverleaf Co. v. Patterson (315 U. S. 148). equally affected by subsequent State law. the Department of Justice and the De­ Enactment of the bill would require the I submit that the enactment of H. R. 3 partment of Labor: courts to look first to the .provisions of the would place Congress in the position of DEPARTMENT OF JUSTICE, Federal legislation to find an express state­ an all·eady overburdened blind man try­ OFFICE OF THE ment of intention to occupy the field, and ing to find a black hat in a dark room. DEPUTY ATTORNEY GENERAL, then to its scope and purpose to find that Finally, H. R. 3 would have the ironic Washing-ton, June 27, 1955. there is an actual, direct and positive con­ Hon. EMANUEL CELLER, filet. If this intention and this conflict are effect of diminishing rather than in­ Chairman, Committee on the Judiciary, present, then a court could regard the Fed­ creasing States rights. Faced with the House oj .Representati-ve$, eral legislation as excluding the State legis­ dilemma of having either to preclude all Washington, D. C. lation, but not otherwise. Thus, the effect State action in a given area or to remain DEAR MR. CHAIRMAN: This is in response to of the bill might be to attempt to subordi­ silent and thus accept all State action, your request for the views of the Department nate the Federal legislation to the State law, 19·58 CONGRESSIONAL RECORD- HOUSE 13861 despite the specific constitutional provision of the Deputy Attorney General insofar as order to reverse what is considered to be that Federal law, under the Constitution, they affect the administration and enforce­ a disagreeable and wrong decision: shall be the supreme law of the land. : ment of Federal·labor-managemen:t relations: Whether a specific Supreme Court de­ - With respect to fllture legislation, the rule­ statutes: As the President indicated in his proposed by the bill would create some January 11, 1954, message to the Congress cision should be reversed is a question problems of dra.ftsmanship, to ·insure that on legislation affecting labor-management of legislative policy and consideration, the precise intent of Congress in this re­ relations there is a need for clarification of and I do not discuss that subject. spect be fully expressed. 'An additional bur­ jurisdiction between the . Federal and the This bill, H. R. 3, introduced by the den on the legislative process implicit in the State Governments in this field. This clari­ gentleman from Virginia, adds a new tim would be the requirement that study be fication should be effected, however, within section to chapter I of the United States given to the· legislation that may exist in the framework of labor-management rela-. Code and seeks to establish a new rule any State in an area of contemplated Federal tions law and not by a bill, such as H. R. 3, of interpretation governing questions of action, and that there be a detailed outlin­ of general application. ing of any area which Congress intends The Bureau of the Budget advises that it the effect of Federal statutes on State Federal law to occupy. In fact, one immedi­ has no objection to the submission of this laws. This new rule would deny pre­ ate and important result of this bill would report. emption to an act of Congress unless be to require the Congress as a practical Sincerely yours, the Congressional legislative act express­ matter to review the very substantial body JAMES P. MITCHELL, ly grants preemption or unless there is of Federal statutes enacted in areas where Secretary of Labor. a direct conflict between such act and a Federal-State con:flicts are possible, to de­ State law. This rule of interpretation termine which of such statutes should be Here are the views of the NAACP as amended by the express provision as to oc­ to this bill. Remember there are those would apply to Federal statutes which cupation of the field. who say this bill has nothing to do with have been passed and will be passed. In More importantly, by its application indis­ civil rights and segregation: its application, this rule is retrospective criminately to all Federal statutes whenever MAY 23, 1958. as well as prospective. We Congress­ enacted, this bill would create great confu .. MY DEAR CoNGRESSMAN · CELLER: We are men who are lawyers must approach this sion in important areas, raising difficult and deeply concerned about the possibility that proposal from a legal as well as a po­ substantial legal and practical problems. It the House Judiciary Committee may approve litical view. From a legal point of view; would require persons who are operating in H. R. 3, the Smith bill, establishing rules of this bill is unnecessary and undesirable. full conformity to Federal statutes which int~rpret. ation governing questions of the ef­ wholly govern their field of operations, sud­ It is undesirable not only because it will fect of acts of Congress on State laws. On create confusion in areas of settled law, denly to conform their operations also to page .138 of the 195.6 hearings on this pro~ the rules of each of the States in which posal, we submitted the following: but also because it will fail to curb Fed­ those operations may be conducted. Under "In prior hearings conducted on April 28 eral power at State expense. This bill, this arrangement, a railroad clearly operat­ and July 12, 1955, on this bill, proponents if enacted, will produce chaos in the ing in interstate commerce and in full con­ stresse·d chiefly two areas in which the bill legal relationship governing substantial formity to Federal safety requirements, would be effective in reversing existing Fed­ areas of economic and political life. In might find it necessary, under threat of eral controls in interstate commerce and the area of interstate commerce, where criminal punishment, to conform to wholly labor relations. These are two fields in which diiferent standards asserted by any one or numerous State statutes operating in the the lessening of Federal control could vitally same field as Federal statutes have been inore of the States in which it operated. affect the civil rights of our citizens. Indeed, in that case it might well find that · "The passage of H. R. 3 would so affect, or --upheld, there would be a reappraisal and the requirements of Federal and State law at least cast into doubt, recent decisions relitigation of these statutes. are wholly incompatible and be unable to by the Interstate Commerce Commission pro­ The same reappraisal would apply in comply with both. hibiting racial discrimination and segrega­ the area of agriculture, labor, and li­ Besides the question of the constitutional tion in interstate transportation and facili­ censing. In order for Federal legislation authority of the Congress to enact such a ties used in such transportation. It could, provision, the breadth of its application to be effective, Congress would be re­ and I am sure it is the desire of many of quired to enact legislation preempting raises serious legal and practical problems, the proponents of this legislation, revive dis­ not only for those who administer the laws, credited State laws requiring racial segrega­ the field and thereby ousting States from but more particularly for those who must tion in waiting rooms and facilities used by their jurisdiction, whereas today the obey them. Under these circumstances it common carriers." States are exercising power concurrently would appear that, where the Congress We earnestly hope that you will vote with the Federal Government. In the deems it appropriate to limit the operation against H. R. 3 in .committee. It would be process of Congress declaring that Fed­ of Federal laws to permit State activity, it grossly unfair to permit the proponents of eral legislation is intended to preempt the would be more effective to ·amend each such racial segregation to accomplish a major set­ law specifically to eliminate the possibility field, State statutes which have been up­ back in the field of ci vii rights under the held may fall. of conflict with the State statutes, rather guise of protecting State prerogatives. than, by the enactment of blanket legisla­ Sincerely yours, The Supreme Court under the present tion, to throw into doubt operations in CLARENCE MITCHELL, rules of interpretation and construction many areas to an extent presently unpre­ Director, Washington Bureau. has gone far in respecting State action dictable. directed at preserving public order. It In view of the foregoing considerations; As to H. R. 3, it may sit as close to its has upheld States in enactment of labor the Department of Justice is unable to rec­ author as his shirt, but it will be a hair ommend the enactment of the bill. legislation and found that the Wagner shirt to the Nation. Act and the Taft-Hartley law do not pre­ The Bureau of the Budget has advised The CHAIRMAN. The time of the that there is no objection to the submission clude, for example, a little Wagner Act of this report. gentleman from New York has again ex­ in the State of New York, or all State Sincerely, Pired. legislation in the field of labor. When WILLIAM P. ROGERS, Mr. CELLER. Mr. Chairman, I ask matters affecting public health and Deputy Attontey General. unanimous consent that the gentleman safety are involved, the Supreme Court from New York [Mr. SANTANGELO] may has sustained the States police power and UNITED STATES DEPARTMENT OF LABOR, extend his remarks at this point in the upheld the right of the States to protect OFFICE OF THE SECRETARY, RECORD: their people. Of course, where the su­ Washington, July 21, 1958. The CHAIRMAN. Is there objection preme Court has upheld the action of the The Honorable EMANUEL CELLER, to the request of the gentleman from police power, no clamor is heard that the Chai1·man, Committee on the Judi­ New York? ciary, House of Representatives, Court has engaged in judicial legislation Washington, D. C. , There was no objection. or had distorted the will of Congress. DEAR CONGRESSMAN CELLER: This is in fur­ Mr. SANTANGELO. Mr. Chairman, I This ·bill is unnecessary because no one ther response to your request for an expres-. oppose H. R .. 3, a bill to establish rules demonstrated the need to reverse the · sion of my views on H. R. 3, a bill to estab­ of interpretation governing questions of entire body of statutory law or the con­ lish rules of interpretation governing ques-_ the effect of acts of Congress on State struction of statutes. The minority re­ tions of the effect of acts of Congress on laws. port to this bill indicates that a sub­ State laws. The Deputy Attorney General submitted a. This bill is a blunderbuss when all stantial part of the committee hearings report on this bill under date of June 27, that. is needed to chastise the Supreme was devoted to the issue whether a given 1955. In general I join in the views ex-' Court is a paddle. This bill, in my opin-: situation re·quired action of one sort or pressed in this report. I am particularly ion, upsets settled rules of construc­ another. concerned with the confusion and legal and tion when all that is needed is to amend · From a political point of view, we must practical problems referred to in the l'eport the ·specific Federal statute involved in determine whether we desire to bludgeon CIV--873 13862 CONGRESSIONAL RECORD- HOUSE July 15 the Supreme Court to interpret a Federal rected ambiguous language or clarified interstate commerce, the labor unions or State statute in a manner which will its intentions. By its action, Congress and the employers of labor, and so forth. conform to sectional or ·popular prevail­ reversed particular Court decisions the The bill provides that without an ex­ ing views. We must also consider consequences of which Congress heartily press pr.eemption provision in the Fed­ whether we want to accept an undesir­ disapproved. I refer to last year's legis­ eral law, State law must be upheld unless able rule of construction only because lation whicP. barred unlimited access to there is a "direct and positive conflict'' court decisions have decreed that our Bill FBI files and permitted partial inspec­ with Federal law. This applies not only of Rights is a protection for unpopular tion only under .limited conditions. I to .future law but also to that vast body and despicable characters. We must not also have reference to this year's bill, of law which has been enacted since the forget that our individual rights cannot H. R. 6239, which permitted prosecutions foundation of the Republic. The Fed­ be trampled upon and our traditional of persons mailing obscene literature at eral-State relationship of many of our protections must not be destroyed in the the place of distribution as well as at the existing statutes has already been estab­ understandable attempt to protect our point of deposit. lished by litigation. In deciding those people from harm and our Nation from This method of reversing specific deci­ cases the courts have used not only the wicked designs. sions, which Congress deems to be wrong, formula of "direct and positive conflict'' You gentlemen are aware that under is appropriate and effective. It corrects but also such terms as "conflicting," article VI, clause 2, of the United States the evil without impairing the good. It "contrary to," "occupying the field," Constitution, the Constitution, the laws does no great harm. The approach of "repugnance," "irreconcilability,'' and so made in pursuance thereof and treaties, H. R. 3, in my opinion, is wrong. To forth. Substantively the courts prob­ are the supreme law of the land. Under adopt this rule of interpretation would ably meant the same thing as "direct and this system, our Nation has expanded be to take a wrong giant step toward positive conflict." But now under H. R. and grown strong. It is truly a union of preconstitution days and to legal chaos. 3. we have to litigate all of those issues united States and not a confederacy to Mr. CELLER. Mr. Chairman, I ask all over again. be dissolved at the whim or petulance of unanimous consent that the gentleman Furthermore, how can Congress tell any one of the 48 States. from New Jersey [Mr. RoDINO] may ex­ whether it should preempt the field in Court decision has evolved several tend his remarks at this point in the every proposal before it? It might survey rules of interpretation. Federal legisla­ RECORD. every existing State and municipal law tion has necessarily been held to be su­ The CHAIRMAN. Is there objection on the subject and act accordingly. But preme in fields involving exclusive Fed­ to the request of the gentleman from even if it undertook this heavy burden, eral power, such as in fields of foreign New York? what about future State law? As om­ relations, war, immigration, and coinage. There was no objection. niscient as we often think ourselves, we If this were not so, these United States Mr. RODINO. Mr. Chairman, this certainly . could not anticipate what. 48 would be like Europe with its barriers House has before it today a bill which State legislatures will do on every subject between countries, its intrigues, its vari­ can cause only manifold confusion in tomorrow or next.year or 10 years from 'ous monetary systems with cumbersome areas of law which require stability and now. Without such knowledge we can exchanges. as clearcut an understanding of legal no mor-e determine the preemption ques­ A Federal act is also supreme where relationships as we can attain. tion on any single legislative proposal it expressly supersedes a State statute or H. R. 3 is predicated upon a deep than we can predict the 1972 budget declares a field subject to exclusive Fed­ antipathy to the actions of the Supreme today. eral jurisdiction. If this were not so, Court in the past few years when the The result will be either automatic each State could by statute nullify Fed­ Court, in keeping with our traditions of preemption by Congress or a highly in­ eral action and by its unilateral action equality and human dignity has upheld tensified and continual legal ·battle over cancel article VI, clause 2, of our United the rights of the individual to his con­ what is properly for the States and what stitutional guaranties. is properly for the Federal Government. States Constitution. But putting aside the real motivation Where there is concurrent jurisdic­ Either alter.native is totally undesir~ble for this bill, its proponents argue that for a nation faced with the problems and tion and Federal legislatioh is in direct the Supreme Court has usurped for the the opportu~ities which are before the and positive conflict between Federal and Federal Government, :powers which State law, Federalla\\l necessarily is su- properly belong to the States.:·- On· the United States today. preme. .. : ... '·· · · · contrary, a fair analysis ot Supreme ·.Mr. C:ELLER. Mr. Chairman, I ask · The proponents of this bill, it seems to Court decisions over the past 10 years unaniJ;nous consent that the gentleman me, do not quarrel with the foregoing will clearly demonstrate that as a gen­ . from Illinois [Mr. LIBONATI] may extend rules of interpretation. They do, how- eral rule the Court has leaned over his remarks at this point in the REcoRD. . ever, quarrel with the courts' interpreta­ backward to uphold State law. Pro­ The. CHAffiMAN. Is there objection .tion that because there is involved a ponents of H. R. 3 do not complain in to the request of the .gentleman from great national . interest and concern, any of these cases where the Supreme NewYork? · Congress when it legislated ~ must have Court has found that Federal law had · There was no obje.ctiori. intended to preempt the field· even not preempted the field, that the su­ Mr. , LIBONATI. Mr. Chairman, the though it did not expressly say so. The preme Court had misinterpreted the theory of preemption as form1:1lated in criticism should not be directed to the intent of Congress. · this bill, H. R. 3, provides that· if it is Supreme Court. The fault lies not with Aside from the fact that there is no the legislative intent of the Congress to the Supreme Court, but with the in­ need for this bill, it is a badly conceived determine exclusive governmental juris­ artistic language contained in Federal proposal. What is its effect? Nobody diction over the subject matter or area legislation. Greater care should be ex­ really seems to know. As the minority of the legislation, that it can do so by ercised in expressing the intent of Con­ report points out, the author of the bill, including express words of limitation in gress. the author of the amended bill, and the said legislation; by such action vesting It is no remedy to obliterate and to Deputy Attorney General could not sole·authority in the United States Gov­ destroy all the case law which has been agree as to the effect of this bill were ernment to legislate on the subject, thus decided down through the years. There it to become law. I think that I can depriving the States of any right to enact is a remedy in better legislative drafting tell the House what this bill will do. It laws in this field, and also abrogating the and clarification of our intentions. Such will purely and simply create legal enacted State laws on the subject. a procedure is tedious and time consum­ chaos. It will generate litigation of Certainly by use of this legal device, ing, but slowly effective. There is an epidemic proportions over legal rela­ a Congress, spurred by an ambition to old Italian proverb which says, "He who tionships which the parties have come establish central federalized power, goes slowly goes safely and far." In try­ to fully understand over a period of would expand its control over many leg­ ing to dictate to the Supreme Court, let many years. Whom will it affect? It islative fields that heretofore have been us not rush heedlessly in all directions, will affect everY-one whose business is covered by State enactment. but let us make haste slowly. subject to concurrent regulation by Fed­ Article X of the Constitution provides Within the past 2 years I have seen eral and Stat~ Government-railroads, that- · Congress, when disturbed by Court in­ shipping lines, aviation, power and nat­ The powers not delegated to the United terpretation, pass legislation which cor- ural gas producez:s, every shipper in States by the Constitution, nor prohibited by 1958 CONGRE-SSIONAL RECORD- HOUSE 13863 it to the States, are reserved to the States It consists of one disarming sentence. One has the feeling that there is more respectively, or to the people. Yet this one sentence is blanket legis· to this bill than meets the eye. It was never intended that Congress lation affecting broad areas of American In hearings before the Committee on could by Congressional legislative act -life. Even the sponsors of this bill can· the Judiciary there was no agreement as abrogate these limitations as prescribed not give us a clear picture as to where to its meaning or effect. That is the in article X. its ramifications may finally lead us. factor that serves as a warning signal. There are many old and new fields It is prompted by certain recent de­ It is so vague that it could be moti­ wherein the legislatures of the respective cisions of the Supreme Court, which the vated by planned confusion based on states enacted laws for operative con· advocates of this bill dislike. In fact, fear. It may have been conceived in trol and regulations of matters inciden· some of the opponents of H. R. 3 also desperation to delay, stop, or reverse tal to the needs and purposes of state disagree with one or more of those de­ those inevitable trends in the evolution services and State problems; for ex­ cisions, but we maintain that it is the of democracy which require those ad­ ample, especially over various types of right and the duty of Congress as it sees justments which some people are not taxes, intra-State rates, and in the field fit to reverse the Supreme Court on the prepared to accept. of aviation, labor, and so forth. application of the preemption doctrine­ If thii bill should become law, it would There are many new avenues of legis­ one case at a time. turn back the clock to the latter part of lation opened through the medium of It is far better to face each issue di­ the 18th century, and it would mean the medical, engineering, and social sciences, rectly as it comes before us, rather than end of effective Federal Government rep­ that are presently in a formative stage. endorse the broad approach of H. R. 3, resenting the United States. The support of the tax structure of the which seems to _be predicated on the Judge Lawrence E. Walsh, from the State, counties, municipalities, and reckless thought: "Let's jump in and see Department of Justice, in testifying be­ township divisions of government have where the crosscurrents will take us." fore the Committee on the Judiciary, necessitated new forms of taxation, that It would open the Pandora's box of stated that: is, employment tax, sales tax, gas tax, problems that have been solved by set­ · The Constitution provides, as you all use tax, and so forth, to finance expand­ tled law through 160 years of jurispru­ know, that the laws of the United States ing services and new services to the peo­ dential development, during which the which shall be made in pursuance thereof, ple. principles of preemption have been ap­ shall be the supreme law-of the land. That H. R. 3, in its fundamental concept plied in a manner that has contributed means that if there is constitutional, Fed­ could nullify these laws by simply enact­ to the harmonious progress of our eral statute in effect, there can be no ques­ Nation. ton that any conflicting State law must yield ing a law in Congress with the express to it. There cannot be a con1Uct of the two. words of sole limitation. These delicate adjustments would be The State law must be the law to yield. - Of course, the test of H. R. 3, as to its upset and chaos would result, if H. R. 3 constitutionality, with such a delegation should become law. Because it applies Further on in his testimony he said: of power is a moot question. It is an old retroactively, long-sleeping State stat­ As you look back over those cases, you will adage in government that the power to utes would be revived, in a welter of find that there has not been any hostility to tax is the power to destroy. Certainly challenging litigation that would para­ _the States and that time and again the the power to divest the States of their lyze the administration of justice. Supreme Court has said: "There has got to There is nothing in this law to pre­ be a clear showing of unavoidable conflict fundamental vested power is the power before we will strike· down a State statute by to destroy the lawful functioning of State vent the States from merely passing a implication." government. There is serious doubt that law identical with the Federal law and the express words of limitation or exclu­ thus gaining concurrent power on issues H. R. 3 is an anachronism. sion would stand the test of constitu­ that require national uniformity. By- It would upset the delicate balance tional inquiry in view of the express passing the Federal courts, the States which has served the States and the limitations in delegation of powers by would make their own interpretations. Federal Union so well. the States to Congress under a-rticle x: Disagreement with the Nelson· de- - - It is a step backward which would lead Under H. R. 3, it is possible that if cision, or any other decision of the re- -to such confusion and division that all similar legislation is passed by both cent past or imminent future, is no could be lost. Congress and a State legislature that justification for the sweeping power hid- Mr. KEATING. Mr. Chairman, I the interpretation of the State act by den behind the innocent-appearing Ian- yield 15 minutes to the gentleman from the State supreme court is the law of guage of H. R. 3. Maryland [Mr. HYDE]. that State regardless of an opposite in­ . The need . for this type of legislation · Mr. HYDE. Mr. Chairman, I want to terpretation of the Congressional act by has not been established. congratulate the very distinguished the United States &upreme Court as to Congress still has the right to reverse chairman of our Committee on the Ju: its intent and meaning-both acts being legislatively any application of the pre- diciary, the gentleman from New York similar-yet differently interpreted. emption doctrine with which it does not [Mr. CELLER], and our very distinguished Many Congressmen fear that the labor agree. ranking minority member, the gentle- laws and civil rights regulatory Federal It should do so only in specific in:- man from New York [Mr. KEATING] on acts could be subjected to these abuses. stances. and by amendment of the indi- their splendid arguments ir.. opposi'bon A Congress with an overly imbued vidual ~ederal statute involved. H. R. 3 to this legislation. I might say that I spirit in its adherence ~o the States would deprive the Federal courts of their think as a lawyer I could argue their rights doctrine could create confusion traditional and effective interpretative side of the case, but as. a legislator I and dissention throughout the Republic. powers, when the circumsta:nces warrant must support H. R. 3. The United States Supreme Court Federal ~ree~ptio?-. Mr. Chairman, this bill is an interpre- would be in all matters curtailed and The mmonty VIews have quoted nu- tation by the Congress of its own acts for limited in its jurisdiction. It could not merous cas~s to. prove that th~ do~tri~e the guidance of the courts and the peo­ pass judgment on any subject matter of preemptiOn IS not one which mevi- ple. It is also a construction of article that either the Congress or State le-gisla­ tably deprives the States of their con-- VI. clause 2, of the Constitution. tures determined were without its juris­ current powers. Even in the celebrated There can be no reasonable argument diction. case of Pennsylvania against Nelson, the that the Congress does not have the The many dangers in the field of legis­ power ~f the S~ate to act in the area of power, right, and indeed the duty, to lation opened by this act and the neces­ subversiOn aga:mst ~he Federal.Govern- make clear to the courts and the people, sity of Congress to relegislate many acts ment was nullified m the first mstance, what it intends by its acts. The Con­ passed over the years past and the fu­ not by the Supreme Court of the United gress regularly passes bills which do ture acts necessary to confirm the pre­ States but by the highest court of the little more than clarify its intentions in emption provisions of H. R. 3 by specific Commonwealth of Pennsylvania. previous acts. wordage certainly prohibit any serious In ~um~rous other cases, State laws The Constitution gives to no branch consideration of its enactment as a con­ operatmg m the same field as Federal ef the Government the right, exclusive tribution to the purposes and intent of statutes have been upheld by the Su- or otherwise, to construe its provisions. its sponsors. preme Court of the United States. John Marshall assumed that power for Mr. LANE. Mr. <;hairman, H. R. 3 is Where then is the need for the drastic the Supreme. Court in the famous case so simple. change proposed by H. R. 3? of Marbury against Madison and, today, 13864 CONGRESSIONAL RECORD- HOUSE July 15 no one seriously questions the wisdom was a dissenting opinion, but it is the not been to the Supreme Court- on this of that decision. But this does not mean Chief Justice speaking. He said: issue, what their status will be? If any­ that the Congress may not place its When Congress, acting in a field of domi­ thing, I submit this bill will make such constitutional construction upon its own nant Federal interest as part of a compre­ laws more certain of accurate interpre­ acts. In fact, the Congress regularly hensive scheme of Federal regulation, con­ tation. does this in the separability clauses fers rights and creates remedies with respect We are told to treat each individual which it adds to many acts. Indeed, all to certain conduct, it has expressed its judg­ law on its own merits, that this is the ment on the desirable scope of regulation, shotgun approach. Without this law you of the so-called omnibus bills contain and State action to supplement it is as con­ a separability clause. Hence it seems flicting, offensive, and invalid as State action have no gun at all. With it you can still clear that Congress may construe the in derogation. * * * This is as true of a treat each case on its own merits after Constitution as we propose in the pend­ State common-law right of action as it is of the Court has acted. If we feel the Fed­ ing bill. Of course, if the Supreme Court State regulatory legislation. eral law should be supreme--when the disagrees with Congressional construc­ Court has said it is not-under this bill, tion, it has the power and right to say In that case, the dissent believed that we can make it so. so. Federal labor laws barred a common­ I have thought long and hard about Article VI, clause 2, of the Constitu­ law right of action for damages for this issue. After weighing advantages tion provides in part: persqnal injuries. The decision of the Court in the and disadvantages to the best of my abil­ This Constitution and the laws of the ity, I believe the best interests of our United States which shall be made in pur­ famous Nelson case dealing with Fed­ States and Nation and the people can be suance thereof * * * shall be the supreme eral and State laws on subversive activi­ best served by the enactment of H. R. 3. law of the land. ties went far beyond the intent of Con­ Mr. MEADER. Mr. Chairman, will the gress in the Smith Act and no one has The words "which shall be made in gentleman yield? seriously denied this. It has rendered Mr. "HYDE. I yield. pursuance thereof" are important in the States powerless to deal with this this clause. This means, among other Mr. MEADER. I was interested in the dangerous subject. gentleman's statement about the shot­ things, that not every Federal law is the Some will argue that this bill, if supreme law of the land. gun approach. I read the report and the enacted into law, will make the Consti­ hearings in part and I am under the A Federal law which exercises a power tution too inflexible; that we should not belonging exclusively to the National impression that the doctrine of preemp­ be bound by what the framers intended; tion such as announced in the Nelson Government is the supreme law of the that it is a living document and we should land. case in 1956 was at least in the sweep­ interpret the Constitution in the light of · ing pronouncement of that decision a A Federal law which assumes a power conditions as they exist today. belonging exclusively to the States is not new doctrine and that it might very well I deny that this bill would make the be said that the doubt as to the validity the law of the land. Constitution too rigid and inflexible. A Federal law which exercises a power of many State laws of long standing Indeed, the very fact that Congress has was attacked ·by a shotgun in the Nel­ which may be exercised independently _the power and the right to express its by both the States and National Govern­ son decision. Am I far from the truth intentions in this manner in .the area in my understanding of the situation? ment is not supreme to' the extent that with which we are dealing is a way of it invalidates a State law in the same Mr. HYDE.· Not.too far. But, I would field. · · making use of the Constitution as a flex- say it was not a new doctrine. It was, ible, living document. . We are concerned in H. R. 3 with the however, such a broadening of the old acts of Congress dealing with powers I say that those who would stick blind­ doctrin~ that you are certainly correct which may be exercised by the States ly to an established and ever-narrowing that it throws into doubt the status of until the National Government sees fit to policy of the Court are the ·ones guilty many,' many laws on the State stat­ act in the same field. In such instances, of the sin of inflexibility. ute books today to an extent which they whether or' not the Federai law occupies I agree that we should interpret the were not in doubt before the Nelson de­ the field to the exclusion of State ·law Constitution in the light of conditions cision. is a question of the intent of Congress. to which we are applying it, and that Mr. MEADER. I was interested in the H. R. 3 says that such is not the intent is what this bill proposes to do. gentleman's comments on article VI of of Congress unless the Congress express­ We are faced today with preserving a the Constitution. I wonder if the previ­ ly says so in the law or unless there is system of government which has given ous decisions invalidating State action a conflict between the Federal and State man his greatest freedom. That sys­ could not very-well be based upon this law s.o that the two cannot be reconciled tem is being endangered by another theory that the Constitution expressly or consistently stand together. .which has as its keystone centralized delegated particula:tlY to the legislative The Supreme Court has followed a power in the National Government. We branch of Government various areas of doctrine variously called implied pre­ must avoid being dragged into that trap national interest and in so doing and emption or presumption of preemp­ by the misused cliche of fighting fire placing· them in the exclusive charge of tion. This means that when the Con­ with fire. the Federal Government, the remainder gress passes an act ~n the field in which In the article to whicil I referred in of governmental authority was left to the States may act until Congress says my remarks on the rule, the Role of the the States and to the people respectively. otherwise, the Congress impliedly pre­ Supreme Court, under the heading, "The Those powers were exclusively and ex­ empts the field for Federal enforcement Court and the Democratic Ideal," this pressly vested in the United States Gov­ to the exclusion of State law and State observation is made about our Consti­ ernment. They were in a sense taken laws in the same field are invalid. tution: away from the States. In recent years, with the trend for Not only the courts, but the inevitable and _ In other words, when the Congress greater areas of activity by the Federal desirable friction of contending authority, has the authority to pass laws with re­ Government, the Court, in the opinion the President versus the Congress, the States spect to bankruptcy and taxes the States of many, in the application of this doc­ versus the Nation, were relied on to help pre­ would have no such authority-or the trine, has gone far beyond the intention serve an equilibrium of power within the sys­ coinage of money; and with regard to of the framers of the Constitution and tem and thus to enforce the grand design of any State action in these fields the beyond the limits which are safe for the Constitution itself. Court could hold properly that the tha preservation of our system of sover­ I believe it is essential to our freedom State had no jurisdiction. eign States and indeed for the preserva­ that we preserve that "inevitable and Mr. HYDE. This bill, of course, does tion of freedom in a way which has desirable friction of contending author­ not affect powers which are exclusive in been unique in governments of the ity" between the States and the Nation. the States. This bill does not affect world. It will be said that this bill will throw those powers at all. How far tbe thinking of some mem­ into uncertainty all the existing laws in Mr. MEADER. But I am contending bers of the Court has gone in this direc­ this area. The answer to that is that that the doctrine of preemption of an tion can be gathered from dissenting their status is uncertain with or without entire field where there has been concur­ opinion in the case of Machinists' As­ this bill. Can anyone say, with ·respect rent legislative authority between the sociation against Gonzales. True, this to such State and Federal laws that have States and the Federal Government is a 1958 CONGRESSIONAL RECORD- HOUSE 13865 new doctrine that arose primarily with port, the Government of Lebanon would to have murdered or driven from office the Nelson case, and the previous deci­ be unable to survive. This request by individuals comprising the lawful gov­ sions were based on an entirely dif­ President Chamoun was made with the ernment of that country. We do not yet ferent theory. concurrence of all the members of the know in detail to what extent they have Mr. HYDE. No, I cannot entirely Lebanese cabinet. I have replied that succeeded. We do have reliable infor­ agree; it is not new; it is the broaden­ we would do this and a contingent of mation that important Iraqi leaders ing of an old doctrine, but not new. United States Marines has now arrived have been murdered. Mr. ROOSEVELT. Mr. Chairman, will in Lebanon. This initial dispatch of We share with the Government of the gentleman yield? troops will be augmented as required. Lebanon the view that these events in Mr. HYDE. I yield to my distinguished United States forces will be withdrawn as Iraq demonstrate a ruthlessness of ag­ colleague from California. rapidly as circumstances permit. gressive purpose which tiny Lebanon Mr. ROOSEVELT. I thank the gen­ Simultaneously, I requested that an cannot combat without further evidence tleman. Let me state frankly, I am not urgent meeting of the United Nations of support from other friendly nations. a lawyer, but I just want to try to get Security Council be held on July 15, 1958. After the most detailed consideration, straight in my own mind why the gentle­ At that meeting, the permanent repre­ I have concluded that, given the devel­ man thinks it is possible to take a statute sentative of the United Sts.tes reported opments in Iraq, the measures thus far such as this proposed statute which to the Council the action which this Gov­ taken by the United Nations Security states that unless such an act contains ernment has taken. He also expressed Council are not sufficient to preserve the an express provision to that effect which the hope that the United Nations could independence and integrity of Lebanon. means, in my interpretation of it-and if soon take further effective measures to I have considered, furthermore, the I am wrong I would like to be corrected­ meet more fully the situation in Lebanon. question of our responsibility to protect that any old statute or statut~ previously We will continue to support the United and safeguard American citizens in Leb­ enacted would now have to be reviewed Natioris to this end. anon of whom there are about 2,500. and we would have to put into that stat­ United States forces are being sent to Pending the taking of adequate meas­ ute such an expressed intent; otherwise Lebanon to protect American lives and ures by the United Nations, the United it would be presumed that it was not the by their presence to assist the Govern­ States will be acting pursuant to what intent of Congress at that time that it ment of Lebanon in the preservation of the United Nations Charter recognizes is have that preemption in it. Lebanon's territorial integrity and inde­ an inherent right-the right of all na­ ·Mr. HYDE. Unless there is a direct pendence, which have been deemed vital tions to work together and to seek help and positive conflict. to United States national interests and when necessary to preserve their inde­ Mr. ROOSEVELT. Does the gentle­ world peace. pendence. I repeat that we wish to man honestly think it is 'feasible to go About 2 months ago a violent insur­ withdraw our forces as soon as the back over all the statutes that have been rection broke out in Lebanon, particu­ United Nations has taken further effec­ passed and in effect have them reviewed? larly along the border with Syria which, tive steps designed to safeguard Leba­ Mr. HYDE. . Oh, yes. I am glad the with Egypt, forms the United Arab Re­ nese independence. gentleman asked me that question be­ public. This revolt was encouraged and It is. clear that the events which have cause it is a question of which risk you strongly backed by the official Cairo, been occurring in Lebanon represent in­ are willing to take. I think the oppo­ Damascus, and Soviet radios which direct aggression from without, and that nents of this -bill prefer the risk of too broadcast to Lebanon in the Arabic such aggression endangers the inde­ much Federal power; I prefer the risk of language. The insurrection was further pendence and integrity of Lebanon. too little. For this purpose, at least, I supported by sizable amounts of arms, It is recognized that the step now being am taking Jefferson and giving you ammunition, and money and by person­ taken may have serious consequences. Hamilton. · nel infiltrated from Syria to fight against I have, however, come to the considered Mr. CELLER. Mr. Chairman, I move the lawful authorities. The avowed pur­ and sober conclusion that despite the that the Committee do now rise. pose of these activities was to overthrow risks involved this action is required to The motion was agreed to. the legally constituted Government of support the principles of justice and Accordingly the Committee rose, and Lebanon and to install by violence a gov­ international law upon which peace and the Speaker having res'!lmed the chair, ernment which would subordinate the a stable international order depend. Mr. THOMPSON of Texas, Chairman of the Our Government has acted in response Committee of the Whole House on the independence of Lebanon to the policies to an appeal for help from a small and State of the Union, reported that that of the United Arab Republic. peaceful nation which has long had ties Committee, having had under considera­ Lebanon referred this situation to the of closest friendship with the United tion the bill H. R. 3, had come to no reso­ United Nations Security Council. In States. Readiness to help a friend in lution thereon. view of the international implications of need is an admirable characteristic of the what was.occurring in Lebanon, theSe­ American people, and I am, in this mes­ curity Council on June 11; 1958, decided sage, informing the Congress of the rea­ FURTHER MESSAGE FROM THE to send observers into Lebanon for the sons why I believe that the United States PRESIDENT purpose of insuring that further outside could not in honor stand idly by in this A further message in writing from the assistance to the insurrection would hour of Lebanon's grave peril. As we act President of the United States was com­ cease. The Secretary General of the at the request of a friendly government municated to the House by Mr. Hawks, United Nations subsequently undertook to help it to preserve its independence one of his secretaries. a mission to the area to reinforce the and to preserve law and order which will work of the observers. protect American lives, we are acting to It was our belief that the efforts of the reaffirm and strengthen principles upon LEBANON- MESSAGE FROM THE Secretary General and of the United Na­ which the safety and security of the ·PRESIDENT OF THE UNITED tions observers were helpful in reducing United States depend. STATES ownership and Panama gets its proper share of the income. operation of the canal; and The performance of Ambassador Men­ The foreign ministry official says he would Whereas the United States, at the ex­ shikov to date has aroused the indigna­ prefer handling it as the oil companies pense of its taxpayers and under, and fully tion of the American people. Contrary p.andle things with foreign countries where relying on, treaty agreements, constructed to their expectations, Menshikov's mis­ they share their income. A check once a the canal, and since its completion, at large sion to the United States has been to year would suit Dr. Castillero, and he would expenditure, has maintained and operated it increase world tensions by casting false let the United States continue to control and provided for its protection and defense; doubts upon the peaceful jntentions of operations at the canal. and Dr. Castillero made his original proposal Whereas the United States, following the the United states toward the other na­ that Panama should receive a half share in construction of the canal, has since main­ tions of the world. In this effort, Men..; the gross income of the Panama Canal be­ tained, operated, and protected it in strict shikov has attempted to shake the con­ fore a student congress in this capital clty conformity with treaty requirements and fidence of the American people in their last December. agreements, and has thus made it free, Government and its earnest desire for a At that time he was misquoted and mis­ without restriction or qualification, for the just and lasting peace. Insult upon in­ understood, he . claims, because he was shipping of the entire world; and, in conse­ sult has been heaped upon the intelli­ thought he meant 50 percent of the net quence of which, with respect to the canal gence of the American people by Men­ profit of the Panama Canal. and the Canal Zone, every just and equita­ ble consideration favors a continuance of shikov. He has shown a contemptuous STAND CLARIFIED the United States in the exercise of all the disregard for the omce of the President That is not so. Dr. Castillero emphasized rights and authority by treaty· provided, and of the United States and the office of that Panama should get 50 percent of the in the discharge of the duties by treaty im­ Secretary of State of the United States gross income of the Panama Canal and the posed: Now, therefore, be it by making a direct appeal to the Con­ United States should pay the necessary ex­ Resolved by the House of Representatives penses out of its own half because of the gress in a calculated effort to prevent (the Senate concurring), That (1) it is the military assistance being extended to the special additional advantages it has which sense and judgment of the Congress that the Panama does not share. United States should not, in any wise, sur­ free and democratic Federal Republic of The former Vice Foreign Minister said the render to any other government or authority Germany. This maneuver was made at people of Panama believed in and backed its jurisdiction over, and control of, the a time when Congress was actively con­ his proposal. He said the Panama press Canal Zone, and its ownership, control, man­ sidering legislation embracing foreign­ was uniformly behind him. Many civic or­ agement, maintenance, operation, and pro­ aid and military-assistance programs. ganizations expressed their support. For­ tection of the Panama Canal, in accordance eign Minister Aquilino Boyd supported the It also occurred just before the arrival with existing treaty provisions; and that (2) in the United States of President Theodor Castillero proposal. it is to the best interests-not only of the Dr. Castillero reported, "The only dis­ United States, but, as well, of all nations Heuss, whose mission was to further senters were those who said my proposal was and peoples-that all the powers, duties, au­ cement friendly relations between the not enough-Panama should demand na­ thority, and obligations of the United States American people and the people of the tionalization of the Panama Canal." in the premises be continued in accordance Federal Republic of Germany. Actually, President da la Guardia termed with existing treaty provisions. The direct appeal to Congress by Men­ the proposal unrealistic, but when Foreign Minister Boyd and Vice Foreign Minister shikov has only one parallel in American Castillero then proffered their resignations, history. That occurred back in 1793, be refused to accept them. THE MENSHIKOV CASE when Citizen Genet, an accredited diplo­ Asked if the people of Panama expect that Mr. SPEAKER. Under previous order matic representative of the French Revo­ eventually the Panama Canal will become of the House, the gentleman from Ohio lutionary Government, publicly disagreed the possession of their country, Dr. Castillero [Mr. FEIGHAN] is recognized for 15 with the foreign policy of George Wash­ said, "The people think that. But I have minutes . . ington and threatened to take his cause never said it. I have never said that the directly to the American people in an Panama Canal should be nationalized. That Mr. FEIGHAN. Mr. Speaker, the would be unfair to my mind. presence of Russian Ambassador Men­ effort to shake their confidence in the shikov on the American scene has be­ administration of the first President of DIFFERENCE NOTED come a great public issue. In a long the United States. President George "I am a lawyer and versed in international Washington promptly declared Citizen affairs. There is a difference in the juridical series of calculated activities, by use of status of the Suez and Panama Canals. In the American television, radio, and other Genet to be persona non grata and the case of Suez, an Egyptian company was public forms, Menshikov has violated all demanded his recall by the French Gov­ nationalized by Egypt with every right. accepted norms of diplomatic conduct. ernment. "But the Panama Canal Company is not He has been accorded every opportunity Russian Ambassador Menshikov has a Panama company. It is wholly owned by to carry out the normal functions of become emboldened week by week by the the United States Government. Therefore an accredited diplomat. In typically failure of the United States Government negotiations must be conducted by treaty American fashion, a large number of to take any meaningful action to prevent between the two equal sovereign countries his ·spreading palpable lies upon the interes ted. public forums have been made available "Internationalization is a different matter. to him, principally in the hope that he American scene. The Assistant Secre­ It is very interesting and poses many prob­ might convey to the American people an tary of State for Public Affairs has, in a lems" said Dr. Castillero. He added that if honest and sincere expression that the public address in New Orleans, invited the United States would give Panama the Russian Communists had abandoned public attention to the false propaganda 13868 CONGRESSIONAL RECORD- HOUSE July 15 activities being carried on by Menshikov agents who to date have been exposed, LET'S GO TO COLLEGE and has condemned such activities. At jailed, or put to death. To that end, I Mr. BARDEN. Mr. Speaker, I ask that very moment the Russian aggres­ have today introduced House Concur­ unanimous consent to address the House sors were busy shooting down an un­ rent Resolution 362 expressing the sense for 1 minute and to include a talk de­ armed American military transport of Congress that Ambassador Menshi­ livered on a recent television program plane carrying 11 American soldiers who kov has violated the prescribed norms by Dr. Leo W. Jenkins, vice president of narrowly escaped being killed by this of diplomatic conduct by engaging in a East Carolina College, Greenville, N. C. outrageous and unprovoked attack. At long series of deliberate acts of propa­ The SPEAKER. Is there objection to the same time the Communist regime of ganda calculated to cause dissension the request of the gentleman from East Ge;many which, as is known, is and political disunity on the American North ·carolina? nothing more than an obedient creature scene and to cast false doubts upon the There was no objection. of the Kremlin, has been holding nine peaceful intentions of the Government Mr. BARDEN. Mr. Speaker, some time American citizens as hostages in an ef­ of the United States, and therefore ago I listened to Dr. Leo W. Jenkins, fort to force American recognition of should be forthwith declared persona vice president of one of North Carolina's that illegal regime. non grata by President Eisenhower. finest educational institutions address a From this record of deeds it is clear House Concurrent Resolution 362 television audience on the subject of that the Kremlin is engaged in a world­ reads· as follows: "Let's Go To College." One of the things wide effort to discredit the United Whereas the Government of the United about Mr. Jenkins' remarks that im­ States, to reduce the prestige of the States has, in accordance with long-standing American Nation among all the peoples precedents, accepted the credentials of Mik­ pressed me so much was that he told of of the world, and to picture our country hail I. Menshikov as Ambassador of · the some of the finer things of our educa­ as a nation of weaklings who are unable Union of Soviet Socialist Republics to the tional system, and I regarded his state­ to protect their own citizens or to stand United States; and ments as being so constructive and Whereas the diplomatic accrediting of informative, and so much in line with my up for their own interests. Ambassador Menshikov carries with it certain belief on the subject, I wanted others to Last month President A. Whitney prescribed norms of conduct developed by have an opportunity to read them. I Griswold of Yale University, in a bacca­ civilized nations over the centuries; and therefore immediately called him over laureate address, observed that: '.'We Whereas such prescribed norms of diplo­ nave become too much a nation of look­ matic conduct are accepted by all civilized long distance and asked him to favor me ers and listeners, a nation of spectators." nations and govern the activities of their ac­ with a copy of his address, which he Ambassador Menshikov has been playing credited representatives; and did. His remarks were as follows: an insidious game in the United States Whereas Russian Ambassador Menshikov LET'S Go TO COLLEGE while the Government has remained a h ?. s done violence to the prescribed norms (Remarks on public education by Dr. Leo of diplomatic conduct by a long series of will­ W. Jenkins, vice president, East Carolina spectator, refusing to enter the contest ful and deliberate activities, among which in any effective manner and being con­ College, Greenville, N. C., on a television have been: program on WNCT, channel 9, Greenville, tent with the role of spectator and frus­ (a) Spreading palpable lies through the use N. C., sponsored by East Carolina College) trated listener. · of American television, radio, and other pub­ lic forums for the purpose of causing dissen­ This is the season for graduation. The While Russian Ambassador Menshi­ faculty and staff at East Carolina College kov continued to engage in activities sion and p-::>litical disunity on the American scene. will deliver some 50 commencement addresses which impair and threaten the interest (b) Contemptuously disregarding the office in our neighboring high schools during the of the United States we hear the notion of the President of the United States and next 2 weeks. Thousands of young people expressed that it is necessary for us to the Secretary of State, the prescribed chan­ tbroughout our State and Nation will be-com­ have patience, that it is necessary for nels for all official communications emanat­ pleting their high school and college educa­ us to demonstrate freedom of television, ing from Moscow, by making a direct appeal tion this spring. I strongly urge all these to the Congress in a calculated effort to pre­ high school graduates wbo have the ability freedom of radio, freedom of the press. to profit a college education to do every­ In the words of President Griswold of vent military assistance being extended to f~om the free and democratic Federal Republic of thing in their power to get one. Life in this Yale University: Germany which, as a member of the NATO, new electronic age will be increasingly more This is worse than making a virtue of has assumed large responsibilities for pre­ difficult without a good education. necessity. It is making a virtue of disaster. venting war and defending human freedom. This is also the season for evaluating tbe past school year and the status of our public An extensfve itinerary of public ap­ (c) Casting false doubts upon the peaceful intentions of the United States toward the schools in general. pearances has been prepared for Am­ other nations of the world by the public use We hear a lot of talk these days about bassador Menshikov, including addi­ of sly inferences, omissions, and misrep­ how wonderful the Russian schools are and tional appearances on local TV and resentations of well-known policies and prac­ how weak the American schools are. Fr-ank­ radio stations where a favorable climate ly, much of this talking is being done by tices of the Government of the United States. people who know little about either scbool of acceptance is being developed for (d) Spreading insidious Russian propa­ system. The American schools today, and him. It is time that a halt was called ganda with respect to conditions of life be­ historically in the past, have done a won­ to the nondiplomatic and propagan­ hind the Iron Curtain, particularly in· re­ derful job with our young people. The fol­ distic activities of Menshikov. The gard to Russian jamming of the Voice of lowing quotation from Henry Steele Com­ American people are incensed over the America, the denial of basic human rights, mager is quite revealing. He says: "No other and the absence of free elections; and people ever demanded so much of education failure of our Government to take posi­ Whereas the Assistant Secretary of State tive and forthright action on the as have the American. None other was ever for Public Affairs, speaking officially for the served so well by its schools and educators. Menshikov case. Department, has invited public attention to From the beginning education has had very It appears that there is disagreement the false propaganda activities of Ambassador special, and very heavy, tasks to perform. within the administration on taking Menshikov and condemned such activities; Democracy could not work without an en­ action to declare him persona non and lightened electorate. The various States and grata. In discussions I have had with Whereas longstanding diplomatic prac­ regions could not achieve unity without a tice holds that when an accredited diplo­ sentiment of nationalism. The Nation could high ranking officers of the Department mat willfully engages in activities which im­ of State on this question, not one has not absorb tens of millions of immigrants pair or thretaten the interests of the host from all parts of the globe without rapid and denied that good and sufficient reasons state, his recall is requested: Now, there­ effective Americanization. Economic and exist for demanding his recall by the fore, be it social distinctions and privileges, severe Kremlin. This disagreement within the Resolved, That it is the sense of Congress enough to corrode democracy itself, had to administration must be resolved. that Ambassador Menshikov has violated the be fought. To our schools went the mo­ It remains for Congress, the voice of prescribed norms of diplomatic conduct by mentous responsibility of inspiring a people the American people, to express their engaging in a long series of deliberate acts to pledge and hold allegiance to these his­ of propaganda calculated to cause dissension toric principles of democracy, nationalism indignation and to call upon the Presi­ and political disunity on the American scene and Americanism." dent to rid the American scene of a and to cast false doubts upon the peaceful It may bring some satisfaction to all of us skillful Russian propagandist who is intentions of the Government of the United to know that America has the oldest public doing more damage to the security States, and therefore should. be forthwith school system in the world. When people interests of the United States than all declared persona non grata by President from other countries talk and write dis­ the Communist spies and espionage Eisenhower. paragingly about the American public 1958 CONGRESSIONAL RECORD- HOUSE 13869 schools, when they say we neglect the funda­ The American people should be constantly Fortunately, our ·teachers, our civic­ mentals, it is very comforting to look them reminded that our schools have a unique minded citizens, and the students them­ straight in the face and say that these schools duty. The paramount function of all these selves, are working assiduously to improve that they criticize have been able to keep schools is to teach the value of the demo­ these schools. This summer, for example, us from succumbing to the vulgar, rotten cratic process and love for our great country. hundreds of teachers, at their own expense, and evil appeals of fascism, nazism, and com­ It is hoped that with God's help they will be will be taking courses at East Carolina Col­ munism. Can they claim that honor for permitted to continue this great task with­ lege with the sole objective of becoming their supposedly superior schools? To an­ out being diverted to a crash program of better teachers. swer them in another way, perhaps the world one type or another brought on by presssure · There are a few things we ought to re­ would be better off if more countries had so­ to emulate the school system of some other member about our public schools that may called weak school systems such as America country. It is also hoped ·that our people cause us to appreciate them more. We are is accused of having. Let us look for a mo­ will not neglect to have at all times a his­ the only Nation in the world that dares to ment at the size of this school system in toric prospective of education. Let us not educate all its people. A program this am­ order to appreciate its gigantic task. Our forget that the so-called Spartan-like educa­ bitious is bound to be expensive. A program people have entrusted in the hands of some tion of the Nazis was considered worthy of this large cannot be without faults. North 400,000 school board members and boards adoption by some of . the critics of public Carolina dares to teach more than a million of trustees, the task of handling over 38 education during the thirties. There is not of its young people in public schools today. million children and young people who are much use in discussing the foolishness of This does not include the thousands in now enrolled in the Nation's schools and col­ this recommendation. college. leges. Since 1946, over 9 million youngsters Dr. Paul R. Mort and William S. Vincent, Refiect on this and be thankful you are have been added to our school rolls, and each in their book: A Look at Our Schools, write: living in this wonderful place called America. year for at least the ·next 6 years, the schools "There are a number of checks and restraints will have to handle a million more than they which deter all schools from being in every handled the year before. Statistics can be­ practical respect as good as we know how to come tiring, so I should like to draw two sim­ make them. One of these restraints is the USE OF OPERATORS OF CIVIL AIR­ ple comparisons to show growth. The high attitude of the public itself. There are peo­ CRAFT IN THE CARRIAGE OF GOV­ school enrollment in America in 1900 was ple who are suspicious of much that is 500,000. Today it is over 7 million. There different in the schools today from what ERNMENT TRAFFIC are more students enrolled in colleges and schools were doing 25 or 30 years ago. This Mr. FLOOD. Mr. Speaker, I ask universities now than · we had enrolled in is like objecting to a modern doctor's treat­ high schools in 1920. It is my understanding unanimous consent to· address the House ment of pneumonia by sulfa drugs, because for 1 minute and to revise and extend that there are more young men and women the family doctor of our childhood relied on attending college in New York City alone a poultice of crushed onions, turpentine, my remarks and include extraneous than in all England. You may also be in­ kerosene, and mustard." matter. terested in knowing that college attendance We should not forget that the majority The SPEAKER. Is there objection to among Negroes in America exceeds total col­ of our leaders in all walks of life in America the request of the gentleman from lege attendance in most other countries. today received their training in public Enrollment in American colleges and uni­ Pennsylvania? schools. We should not forget that the There was no objection. versities is constantly increasing. Matricu­ schools have come a long way from the so­ lations will soon pass the 3 million mark. called three R's. A concentration on the Mr. FLOOD. Mr. Speaker, I send to America is, and always has been, an educa­ three R's exclusively would make for a less the desk for introduction and appropri­ tion conscious Nation. More than 25 per­ expensive school, but the end result in our ate reference two bills designed to maxi­ cent of our college-age population, the 18- complex society would be a totally inade­ mize the use of operators of civil aircraft to 21-year-olds, go to college. This is pro­ quate public education. in the carriage of Government traffic. portionately 5 times as many as in England, In an attempt to make for better citizens/ 6 times as many as in Germany, and 10 - The first bill has been drawn up by the our schools have taken on many more re­ Civil Aeronautics Board and was trans­ times as many as in France. sponsibilities beyond the three R's. We are Let us look for a few minutes at the status concerned today with self-realization, hu­ mitted to you, Mr. Speaker, by the Chair­ of these schools. - One thing we know for man relationships, economic efficiency, and man of the Civil Aeronautics Board in a certain; in recent years they have been un­ civic responsibility. It might well be said letter of July 9, 1958, following an ex­ der attack because of many alleged failings. that the present school is trying to teach tended correspondence between myself They are accused of failing to give children not just the 3 R's, but 7 R's-8 R's-yes, and the Chairman of the Civil Aeronau­ mastery of the basic tools of learning. They even 9 or 10 R's. Reading, writing, 'rith­ tics Board during the preceding 3 are accused of being antireligious. In this metic, rights, relationships, recreation, re­ months. connection there appear to be some people sponsibilities, and religion. If it is just the who do not embrace public school educa­ three R's that we want, then sight must not I ask permission to insert the text of tion at all and would not hesitate to destroy be lost of the fact that the Nazis had the the correspondence with the Civil Aero­ the public school system through unfair three R's. So did the Fascists, and so do nautics Board following my remarks. criticism. They claim without much basis the Communists today. But with their I am glad, Mr. Speaker, that the Civil for their· information that our schools are three R's they succeeded wonderfully in giv­ Aeronautics Board has now spoken up on not antireligious, but merely nonreligious. ing the world nations of brutes instead of this subject and is assisting the Congress This sly approach can be quite effective, but men. in the adoption of a policy that prefer­ in reality it is much like saying that a man My friends, before we become too critical does not club his wife, he merely whips her. of our teachers and school administrators, ence should be given to private enter­ Dr. David D. Henry, president of the Uni­ we ought to remember that they labor under prise in the air transport industry in the versity of Illinois, stated that "there are many handicaps not experienced by other movement of Government traffic before those who seek to use public education for professions. use is made of Government-owned and private partisan purposes and d&stroy the Almost everyone knows how to run the Government-operated transport planes. schools' integrity when they succeed and un­ schools better than the people trained to This policy was first laid down by the dermine the schools' program when they fail. run them. In contrast, we want justice House, Mr. Chairman, in House Report Many of our citizens are becoming aware of from our courts, but we don't tell lawyers such people." about legal proceedings. We want good 2104 of the 84th Congress, 2d session, on · There -are those so-called experts in som<3 medical practice, but we don't tell doctors May 3, 1956. The position of the House of our colleges and in some of our profes­ how to operate or prescribe medicine, but was upheld in the conference committee sions who have not been in a schoolro01n when it comes to the school we all know as indicated in Senator CHAVEZ' joint since childhood, and . who join in passing how to teach better than the teacher. letter with Congressman MAHON's to the negative judgment on every phase of the Let us remember also that the school is Secretary of Defense. schools' program. There are those who need the ideal victim of the unthinking general­ Again in 1957 in the report on the de­ a scapegoat for frustration and fear, and izer. If one child cannot spell as well as find the schools easy victims to attack, realiz­ he should, then we immediately have proof fense appropriation bill for fiscal year ing all the time that the schools are not in a that all the children in a particular school 1958, Congress reiterated its position in position to retaliate. There are the disap­ are not taught how to spell. If one child is Senate Report No. 543 and House Report pointed parents who vent on the schools the ill-mannered or rude, then all children are No. 841. unhappiness of their impossible expectations so classified. And, for the third year in a row, the or their own home failures. It is but com­ I should like to close by reminding you House on June 3, 1958, in House Report mon knowledge that not all children can be that the great danger today in public edu­ 1830, directed the Department of De­ academically minded. It is not fair to cation is not in the weaknesses of the school blame the school for this. There have al­ pr6gram. The great danger is in the com­ fense to use their appropriations to fos­ ways been with us the professional haters placent indifference on the part of too many ter the growth of the civil air transport who have been able to find followers. of our thinking citizens. fleet. 13870 CONGRESSIONAL RECORD-- HOUSE July 15 I ask leave, Mr. Speaker, to insert rel­ transport fleet so that it can ·become an jective. As soon as final action is com­ pleted in connection with this matter, the evant extracts from all these Congres­ effective air merchant marine to meet Board intends to formally transmit this to sional reports following my remarks. the needs of the Army, the Marine Corps, the President of the Senate and the Speaker The legislation which I am introduc­ the Navy, and the Air Force in time of of the House for their consideration• ing is designed to carry out the policy . war, and it is painfully obvious, Mr. Sincerely yours, laid down by the Congress and to put Speaker, that we are confronted with a JAMES R. DURFEE, teeth into it. dangerous deficit in airlift and we have Chairman. I believe tribute should be given, Mr. got to do something about it. Speaker, to the gentleman from Oregon This bill will, in my opinion, properly Be it enacted,, etc., That title I of the Civil [Mr. PoRTER], and to the gentleman from enforced, double the size of the present Aeronautics Act of 1938, as amended, is California [Mr. HOLIFIELD], for stimu­ civil airlift reserve and will prove to be a amended by adding after section 3 thereof lating the establishment of a joint work­ significant contribution to national de­ a new section as follows: ing group of the Civil Aeronautics Board fense as well as a reaffirmation of our "GOVERN¥ENT TRANSPORTATION and the Defense Department which has policy of giving preference to private en­ "SEc. 4. In meeting the requirements of given some study to this problem and terprise over Government-owned and the Government for transportation by air, Government-operated transportation. preferential consideration should be given has resulted in the draft legislation to utilizing the facilities made available by which I am introducing today. A bill to amend the Civil Aeronautics Act of operators of civil aircraft who are willing, The second bill which I am introduc­ 1938, as amended, to include a declaration able, and authorized to provide such trans­ ing, Mr. Speaker, was drafted by myself of policy relative to the use of civil air­ portation. Accordingly, it is declared to be rather than by the Civil Aeronautics craft in meeting the needs of the Govern­ the policy of the Government that the De­ Board and is somewhat stronger and ment for transportation by air. partment of Defense and other agencies of Be it enacted, etc., That title I of the Civil the Government in arranging for such trans­ tighter and more specific than the CAB Aeronautics Act of 1938, as amended, is bill. It eliminated certain loopholes such portation should utilize the facilities pro­ amended by adding after section 3 thereof a vided by operators of civil aircraft to the as "to the maximum extent consistent new section, as follows: maximum extent consistent with economical with economical operations" which exist ''GOVERNMENT TRANSPORTATION operations, the national defense, and na­ in the CAB draft and which I think are "SEC. 4. In meeting the requirements of tional security considerations." subject to considerable misinterpretation the Government for transportation by air, in that the Assistant Secretary of the preferential consideration should be given to STATEMENT OF PURPOSE AND NEED FOR PRO­ Air Force, Mr. Sharpe, has already used utilizing the facilities made available by POSED LEGISLATION-A BILL TO AMEND THE those very words to justify the empire operators of civil aircraft who are willlng, CIVIL AERONAUTICS AcT OF 1938, AS building of MATS and the carriage by able, and authorized to provide such trans­ AMENDED, TO INCLUDE A DECLARATION OF MATS of nearly all the Government portation. Accordingly, it is declared to be POLICY RELATIVE TO THE USE OF CIVIL AIR­ the policy of the Government that the De­ CRAFT IN MEETING THE NEEDS OF THE GOV• traffic. partment of Defense and other agencies of ERNMENT FOR TRANSPORTATION BY AIR If what the CAB has in mind is that the Government in arranging for such trans­ The Board believes that the Government, the rates from the commercial opera­ portation should utilize the facilities pro­ the Nation's largest single user of transpor- • tors to the Government for carriage of vided by operators of civil aircraft to the tation, in providing for transportation by air, Government traffic should be reasonable, maximum extent consistent with economical should, whenever practicable, utilize the tnen that is adequately spelled out in operations, the national defense, and na­ services and facilities of operators of civil line 5 of my bill which states that "the tional security considerations." aircraft off~ring such transportation. In rates for such service are rea.sonable." particular, the policy of the Department of Both these bills, Mr: Speaker, are de­ A bill to amend the Civil Aeronautics Act Defen·se not to engage in competition with to provide for maximum use of operators the operators of civil aircraft should be con­ signed to carry out in the form of per­ of civil aircraft in the movement .of Gov­ tinued _and encouraged by statutory sanc­ manent legislation the policy which the ernment traffic, and for other purposes tion. Congress has laid down each year in Be it enacted, etc., That title I of the The value to the Nation of civil aircraft connection with the Defense Department Civil Aeronautics Act of 1938, as amended, operators as a means of providing a reservoir ' app~opriation. - is hereby amended by adding at the end of aircraft and trained personnel which can thereof: be utilized by the military 1n time of emer- - As such. I think it will simply confirm . l...... on a permanent basis what we ·have been "GOVERNMENr USE OF OPERATORS OF CIVIL . gency .has·been' pointed out.. many times. ~By deciding each year ·in ·connection with AIRCRAFT utilizing the services of such· operators the Government can not only strengthen them, the appropriation bill and have the ad­ "SEc. 4. All passenger, cargo, and mail re­ but even in marginal cases can assure their. vantage of being permanent. quirements of the Government of the United continued existence. In the case of a sub­ It is a source of great regret to me to States for air transportation shall be pro-· ~idized air carrier, the advantages of makl:r;Ig­ report to you that within the last 4 cured from operators of civil aircraft to the use of its facilities, where it is pr_acticable months 10 of the largest, most modern, extent that the required service is ·avail­ to do so, may oe even more pronounced, by able, is adequate, and the rates .for such . reason of the additional advantage of reduc­ 4-engine transport 'planes which have· service are reasonable. The Ct:;>mptroller been assigned to the United States Civil ing or eliminating the need of the air carrier General of the United States shall not allow for Government subsidy. Reserve Air Fleet have been sold by com­ credit for expenditures for transportation mercial operators to foreign companies by air on carriers other than operators of .The, !'lddition of the proposed new policy civil aircraft in the absence of satisfactory statement wo-pld be responsive to the rec­ or to foreign governments because, in ommendations made by the President's Air each case, the American commercial proof of the necessity therefor. The appli­ cability of this section to a particular de­ Policy ·commission in 1954 (Report on Civil operators testified that MATS was tak­ partment, agency or instrumentality of the Air Policy, May 1954, p. 17), and tke recom­ ing away so much of their business that Government of the United States may be mendation of the Comptroller General in his they could not continue to operate profit­ temporarily waived whenever the Congress report to the Congress on the Civil Aeronau­ ably. by concurrent resolution, or the President tics Board in 1955 (audit report to the Con­ As a result of this MATS competition of the United States, or the Secretary of gress of the United States, Civil Aeronautics the Civil Reserve Air Fleet has been re­ Defense, declares that an emergency exists Board, October 1955, p. 30). However, the justifying such temporary waiver." Board's proposal is broader, and would not duced by 10 of the largest_and most mod­ be limited to the certificated air carriers. ern transport planes and these are 10 fewer planes which will be ready to an­ CIVIL AERONAUTICS BOARD, Washington, April 28, 1958. ANALYSIS OF PROPOSED AMENDMENT TO TITLE I swer the call to duty when the whistle Hon. DANIEL J. FLOOD, OF THE CIVIL AERONAUTICS ACT OF 1938 blows. House of Representatives, The proposed amendment consists simply It is obvious to me that this is progress Washington, D. C. of the addition of a new section to title I. in the wrong direction. DEAR CONGRESSMAN FLOOD: I wish to thank The new section is numbered section 4 and Instead of shooting down our civil air­ you for your letter ·of April 17, 1958, ad­ is entitled "Government Transportation." lines, we should be building them up and dressed to Vice Chairman Chan Gurney, in Primarily, the purpose of the amendment Is building up a huge air merchant marine connection with the Board's proposed ·legis­ to assure, by declaration of congressional which will be indespensible in time of lation to express the policy of the Govern­ policy, the continuance by the Department ment that the Department of Defense and of Defense, the Nation's largest single user either a localized war or general war. other agencies utilize to the maximum ex­ Qf transportation, of its policy not to engage That is the underlying purpose of this tent possible the facilities provided by op­ in competition with the operators of civil legislation which I am introducing' to­ erators of civil aircraft. Attached is a copy aircraft. However, considerations prompting day: Fostering the growth of the civil of draft legislation to accomplish this ob- such a declaration of policy also apply, in 1958 CONGRESSIONAL RECORD -HOUSE 13871 lesser degree, to other agencies of the Gov­ it was felt that the action of the Department erally and thus includes not only foreign air ernment. The proposed amendment there­ should be encouraged by an explicit declara­ transportation but domestic and overseas air fore has been made of general applicability tion of Congressional policy on the subject. transportation .. as well. but includes specific reference to the Depart­ The Board is still of this opinion ~nd urges 2. The phrase "commercial air carriers" ment of Defense. · favorable consideration of the legislation may be construed to limit the benefits of Likewise, the legislation has been drafted proposed for this purpose. It is not the the bill to air carriers as defined in section so as not to limit the expression of Congres­ purpose of the Board to propose legislation 1 (2) of the Civil Aeronautics Act. Air sional policy to utilization of the services of which would require the Department of De­ carriers as so defined are limited to common the certificated air carriers, as distinguished fense to conduct its operations in an un­ carriers, and would not include the so-called from other operators of civil aircraft willing econ_omical manner or in any way prejudi­ contract carriers. If it is desired to include and able to furnish transportation by air. cial to the ne&ds of national defense. Hence, the contract carriers, it is suggested that the phrase "consistent with economical op­ there be substituted the term operators of MAY 2,1958. erations" was incorporated in our draft. civil aircraft. Hon JAMES R. DuRFEE, The matter of obtaining additional traffic 3. Draft No. 9 further requires that the Chairman, Civil Aeronautics Board, for civil air carriers from the Department of business be given to "United States com­ Washington, D. C. Defense where feasible has been a project mercial air carriers." This would exclude by DEAR MR. CHAIRMAN: I appreciate your of immediate and continuing concern to statutory enactment the utilization by the thoughtful letter of April 28 letting me see the Board. The approach of the Board is Defense Department of the service of foreign your propo.sed legislation to maximize the to endeavor in cooperation with the Depart­ aircraft operators. The Board is advised that use of civil transport planes by the Defense ment of Defense to ascertain those areas such exclusion of foreign air carriers from Department. where the Department can make greater use the benefits of the legislation could well However, I doubt that there will be much of operators of civil aircraft. For the full ex­ result in the enactment of similar legislation beneficial effect from the legislation as you ·ploration of- such possibilities the Board by other countries, thus creating an artificial have worded it for the reason that the As­ has set up a working group with the De­ restriction on the availability of traffic to .sistant Secret~ry of the Air Force, Mr. Sharp, partment· which is actively engaged in this American flag lines. It is entirely possible has already stated in some detail that he project, and several meetings of the working that restricting the legislation to United does not consider increased use of commer­ group have already been held. 'states air carriers would result in a net loss cial air to be "consistent with economical Your draft No. 9, on which you ask us to our United States flag carriers if foreign operations," to quote from your draft bill. to comment, approaches the matter from countries were to react unfavorably and Since he has already found the loophole an entirely different viewpoint. In effect withhold a substantial share of their gov­ in your draft bill, I see no point in proceed­ your draft would require the Department of ernment business from our carriers. It is ing with it further. Defense to fulfill 50 percent of its needs for likely that the Defense Department would One possible alternative for immediate use passenger and cargo requirements for air give the overwhelming bull\ of its business in connection with the defense appropria­ transportation between the United States to United States carriers even without an tions blll is the attached draft No. 9 which I and foreign countries by the use of com­ express statutory provision- to this effect. have prepared. . mercial air carriers. Against the unlikely possibility that the I should appreciate your keeping it con­ Since the requirement · of carriage of 50 defense cargoes would not go primarily to fidential and giving me the benefit of your percent by commercial air carriers is United States carriers, the draft might well comments on· it before the close of business phrased in your draft as an absolute re­ provide a limitation on the amount or per­ on Tuesday, May 5, quirement which can be waived only by emer­ centage of such cargoes which may be Sincerely yours, gency declaration of Congress, the President, shipped via foreign air carriers. DANIEL J. FLOOD, or the Secretary of Defense, the effect of Sincerely yours, Member of Cong·ress. your draft would be to increase the amount JAMES R. DURFEE, {)f defense business to be given to the com­ Chairman. CIVIL AERONAUTICS BOARD, mercial aircraft operators beginning July 1, · Washington, May 7, 195& 1958. The increase is illustrated by the fol­ · CIVIL AERONAUTICS BOARD, Hon .. DANIEL J . FLoOD, . · lowing figures taken from Mr. Sharp's testi.,­ Washington, D. C., July 9, 1958. · .Approp1·iations Committee, mony earlier this year before the subcom­ Hon. SAM RAYBURN, · Rouse of Representatives, mittee of the House Government Operations The· Speaker, Washington D. C. Committee (transcript p. 500) and charac­ Rottse of Representatives, DEAR CONGRESSMAN FLOOD: This is in reply terized · by Mr. Sharp as ·preliminary. Ac­ Washington, D. C. to your letter dated May 2, 1958, which un­ coFding· to these figures, the volume of De.;. DEAR MR. SPEAKER: The Civil Aeronautics fortunately did not reach the Board until fense Department international airlift Board recommends to the Congress for its after office hours on May 6, 1958. I under­ between this and foreign countries during consideration the enclosed draft of a pro­ stand you wish to have the Board's com­ the last 6 months of calendar year 1957 was posed bill "To amend the Civil Aeronautics ments before the end of this day on a pro­ as follows: · Act of 1938 as amended, to include a decla­ vision, draft No. 9, to · be inserted in the Total passenger ton~miles, 206,662,054. ration of policy relative to the use of air Department of Defense Appropriation Act Carried· by commercial air carriers, '76,- carriers in meeting the needs of the Govern­ for fiscal yeai· 1959 to the effect that at least 0'73,454 . . ment fo'r transportation by air." 50 percent of military cargo and 50 percent Percentage, 36.8. · The Board has been advised by the Bureau of military passengers moving by air Total cargo ton-miles, 367,955,647. of the Budget that there is no objection to. between the United States and foreign coun­ Carried by commercial air carriers, 37,- the presentation of the draft bill to the Con­ tries are to be carried by United States com­ . 896,647. gress for its consideration. mercial air carriers. 'Your covering letter · Percentage, 10.2. E?incerely yours, states that the legislation drafted by the - The Board wholeheartedly favors the prin­ JAMES R. DURFEE; Board to increase the use of ci vii air trans­ ciple behind the provision drafted by you, Chairman. port by the Defense Department would be -namely, the obtaining of additional military ineffective since it contains the limiting traffic for civil carriers. It believes that, as DEFENSE APPROPRIATIONS, FISCAL YEAR 1957 phrase "consistent with economical opera­ a general proposition, the civil industry can CONGRESSIONAL INTENT, AS EXPRESSED IN RE• tions" and Mr. Sharp, Assistant Secretary of now absorb very substantial amounts of De­ PORTS OF HOUSE AND SENATE COMMITTEES ON the Air Force, has already stated his opinion partment of Defense traffic and can make APPROPRIATIONS, REGARDING POLICY TO BE that increased use of commercial air trans­ provision in the future for all the potential FOLLOWED BY THE DEPARTMENT OF DEFENSE port would not be consistent with economical air transport service which the Department IN USING COMMERCIAL AIR TRANSPORTATION operations. might require. AND REGARDING THE MILITARY AIR TRANSPORT _In submi~tip.g _ its legislative propo~al to Such additional carriage would substan­ SERVICE (MATS) the Congress, the Board was quite. aware of tially strengthen our national and interna­ the significance of the phrase "consistent tional air transportation systems. We . 1. House Report 2104, 84th Congress, 2d with economical operations, the national de­ strongly support any reasonable legislation session, May 3, 1956, on Department of De­ fense, and national security considerations." which will procure a greater volume of mili­ fense appropriation bill for fiscal year 1957, In drafting the proposed legislation, the tary traffic for civil aviation. Certainly the pages 45-47: Board had in mind that the Department of proposed legislation would accomplish this "The Military Air Transport Service has, Defense had voluntarily arranged for meet­ objective from an c~onomic viewpoint. How­ for some time, been one of the most contro­ ing a portion of its transportation needs ever, the Board is not prepared ·to comment versial activities of the Air Force. The con­ through the medium of commercial aircraft. ·on the military feasibility of such a require­ troversial aspects of this service result pri­ Presumably this use of commercial aircraft ment. marily because, to some extent, it is competi­ was consistent with economical operation of Following are comments on some specific tive with commercial air facilities. MATS, the Department and was dictated primarily provisions of Draft No. 9: as the Military Air Transport Service is by the needs of the Department of Defense. 1. The draft applies only to requirements called, is an integrated Air Force Command In our view, the action of the Department for air transportation between the United providing strategic airlift, technical services, in utilizing the facilities of commercial air­ States and foreign countries. In this re­ and a global air route system. Since it was craft operators had such· beneficial conse­ spect it is narrower than ,the Board's draft originally organized in 1948, it has ~een the quences in relation to these ·operator's that which applies to transportation by air gen- subject of much comment and numerous 13872 CONGRESSIONAL RECORD- HOUSE July 15_ studies and recommendations. Several years MATS organization for consideration in con­ fiscal year 1957 was considered in the Con­ ago, the Committee on Appropriations rec­ nection with the annual appropriation re­ ference Committee (H. Rept. 2529), passed ommended that the air transport portions quests. At the time of the fiscal year 1958 by both Houses, and signed into law as of MATS be set up under an industrial fund hearings, it is expected that the Air Force Public Law 639, 84th Congress, 2d session, type operations. The· last so-called Hoover will have a firm statement on its plans for July 2, 1956. commission has made a similar recommen­ industrialization of the Air Transport or­ dation. The President's budget for fiscal ganization. The statement to be prepared [From the CoNGRESSIONAL RECORD of May 27, year 1957 contained a provision for placing for the committee should contain firm in­ 1957] the air transport portion of the MATS oper­ formation with respect to the following DEFENSE APPROPRIATIONS, FISCAL YEAR 1958 ation on an industrial fund basis during points: Mr. FLooD. The gentleman has been read­ that year. " ( 1) The basis for determination of the ing my speeches. I agree with you. "The MATS organization is an enormous number of aircraft to be assigned to the con­ Now, I would like to direct my remarks to operation supporting more than 110,000 solidated Air Transport organization. one phase of the Air Force bill, although it miles of global air routes, and employing "(2) The number of hours, by type and comes und.er the general heading of defense approximately 105,000 military and civilian model, that it is planned to fiy the aircraft as well. One of the most controversial personnel. Of this total, over 16,000 are assigned to the Air Transport organization phases of our entire Defense Department is civilians. It should be pointed out, how­ during fiscal year 1958. the Military Air Transport Service known af­ ever, that approximately 63,000 of these em­ "(3) The policy to be followed with respect fectionally as MATS. Now, Secretary Wilson ployees are assigned to technical services and to the assignment of cargo and passengers and the other civilian Secretaries came to us independent units of the MATS operations, to the Air Transport organization and com­ in the last 2 or 3 years and they have been that only 42,000 are assigned to the air mercially operated aircraft. sending us vast lists of where they are put­ transport activities. MATS has 506 4-engine "(4) The routes to be regularly serviced by ting the Government out of competition aircraft of the C-54 and larger variety as­ the consolidated Air Transport organi­ with private business. Now, everybody on signed to the transport mission. The total zation. the Appropriations Subcommittee for De­ operating costs for fiscal year 1955 are re­ " ( 5) The policies to be followed in con­ fense is in favor of that. We have eliminat­ ported to have been about $560 million, of tracting for commercial airlift. ed popcorn machines and shoeshining ma­ which approximately 40 percent was for "(6) The policies to be followed in divid­ chines; we have eliminated beauty parlors; technical services, 22 percent for base sup­ ing Department of Defense peacetime traf­ we have eliminated all kinds of paint and port, 30 percent for str.ategic transport oper­ fic between the consolidated Air Transport other factories. So we are consistent with ations, and the remainder for miscellaneous organization and commercial carriers. the best wishes of a businessman's adminis­ activities. . . " ( 7) The policies to be followed in leasing · tration for whom our heart bleeds in put­ "From the foregoing· data, it is evident aircraft owned by agencies in the Depart­ ting the Government out of competition that the MATS operation is one of the major ment of Defense to private operators. with business. I am for that. Everybody is commands of the Department of the Air "(8) The extent to which transport-type for that. And we did it. And yet here, in Force. It is also evident frem the testimony aircraft are to. be retained by other operating this Military Air Transport Service-and it given the committee that the mission as­ elements of the Department of Defense and is not chickenfeed-you have the United s~gned to MATS is of major strategic impor­ the purpose for which such aircraft are to States Government in competition with tance. It is more than just a convenient be utilized. · comme,rcial airli~es by at least $500 million air transportation system. · ·It is a significant (9) A statement of accounting principles a year. portion of our overall air defense forces. to be followed in determining the costs and The commercial airlines are no great Because of its size and the complexity of the the method by which the. using agencies are friends of mine; because, when I served on problems involved,· 'Yitnesses .from the Air to reimburse the Industrial Fund operation," the Appropriations Subcommittee, for the Force stated that it would be impossible to 2. House Report 2076, 84th Congress, 2d Department of Commerce, with the gentle­ accomplish conversion of the .· air transport session, April 27, 1956, on Department of man from New York· [Mr. RooNEY] we went phases of MATS to an jndustrial fund type ·commerce and Related Agencies _Apprppria­ to bat to cut out their subsidies. So I am operation during fiscal year 1957. Therefore, .tion bill for fiscal year 1957, page 4. not a very popular fell.ow with thein, either. the committee is not providing the necessary "For a number of years, the committee has And we succeeded in doing it. They can use fu.nds for this purpose during fiscal year been concerned about the necessity for th~ t.l;leir own p1oney. This House did it. 1957. Nevertheless, it is expected that the Military Air Transport Service 'to occupy a But if you want to take the Government agencies of the Department of Defense will considerable portion of the airport. With out of .competition with business, and you . continue to work toward the objectives of the constantly increasing demands being mean it, here is where you can do it; provid­ sej;ting up a · consolidated air transport or­ placed upon this airport by civ~lian tra~c, ing, in the course of it, you do not even ganization which can be placed under an the Committee is at a complete loss to un­ indirectly endanger the national security or industrial fund method of operation. The derstand how 'responsible otnc~als of the ex­ the national defense by interfering with the committee strongly favors such procedure. ecutive branch can continue to allow this operations of the Air Force. If you do that, "As noted in the prewous paragraph, the situation to exist. The committ'ee feels then I am against it. But my information is committee recognizes the strategic impor­ that the Secretary of Commerce should in­ that you do not, if you exercise merely the tance and necessity of a strong MATS type sist that the Military Air Transport Service rule of reason; that the Air Force should of operation. At the same time, t.he com.. be located at some other field convenient to control their aircraft and have as much of it mittee notes that it is apparent that com­ Washington." as they need, where they need it, and when mercial air facilities, including scheduled 3. Senate Report 2039, 84th Congress, 2d they need it. I am for that. But you can and nonscheduled airlines, are an essential session, May 23, 1956, on Department of have a reasonable difference of opinion· as to part of the overall mobilization transport Commerce and Related Agencies Appropria­ what constitutes how much and when and strength of the United States, and as it has tion bill for fiscal year 1957, page 5, com­ where. been stated by Air Force representatives, will mends Congressional efforts "to achieve in­ · We believe that in the best interests of provide a major part of the ability of the creased commercial air carrier revenu·e, with national defense, a greater amount. of mili­ Nation to meet t~e huge demands for trans­ accompanying decreases in subsidies, by pres­ . tary traffic, cargo and people, should be con- port in the event of a sudden war emer­ sing for curtailment of MATS services, where tracted for py the Department of Defense gency. commercial service is available." with comme.rcial· air carriers. Why not? If "Because of the significant role that the Page 4. "The committee joins with the they cannot carry them, then do not give it Military Air Transport Service plays in our House committee in its statement that the to them. If they cannot buy their aircraft mobilization, the committee does not desire Secretary of Commerce should insist that and maintain them properly, then do not to set an arbitrary limit on the size of the the Military Air Transport Service be located bother about it. But if they can, if they will MATS operation. However, it is the opinion at· some other field convenient to Washing­ buy their own aircraft and maintain them of the committee that the Air Force should ton to relieve the increasing demands being and fiy them safely and more cheaply-and give attention to handling its air transport placed upon Washington National Airport by for the purpose of emphasis I repeat "more business in such a way as to assist in keep­ civilian traffic." cheaply," much more cheaply than the Air' ing the nonscheduled and other airlines in 4. Senate Report 2260, 84th Congress, 2d Force-then if those facts are correct, it is a reasonably sound financial and operating session, June 18, 1956, on Department of difficult for me to understand why these position. In this regard, President Eisen­ Defense Appropriation bill for fiscal year commercial airlines, businessmen in a busi­ hower's Air Coordinating Committee 1954 1957, page 8. ness administration, great contributors, report on air policy (p. 17) had this to say: "the committee wishes to make it clear should not have a reasonable opportunity to 'The Government should, to the greatest ex­ that the Department of Defense should, in engage in that transportation. tent practicable, adjust its use of air trans­ the future, utilize the services of commer­ Last year this subcommittee, after an ex­ portation so as to use existing unutilized cial transportation to the fullest extent pos­ haustive examination, and again this year capacity of United States air carriers.' sible when it is more economical, and that with a special investigation and long hear­ "The comf'nittee strongly endorses that in evaluating relative costs of transportation, ings, 610 pages of hearings on this question, statement. the Department should recognize the ele­ had this to say. And I would like to have "As was stated tn the hearings, the com­ ment of time saved as an important factor." the chairman reaffirm the language which mittee will require complete annual operat­ The Department of Defense Appropriation was the gist of a 2- or 3-page statement we ing statements from the Air Force and the bill (H. R. 10986, 84th Cong., 2d sess.) for the made last year, because I do not want the 1958 CONGRESSIONAL RECORD- HOUSE 13873 Air Force on July 1, if this language is not should utilize the services of commercial GEORGE MAHON, HARRY R. SHEPPARD, ROB­ in the report or in this RECORD, to pretend transportation in preference to Govern­ ERT L. F. SIKES, W. F. NORRELL, JAMIE that we forgot about it. This is the language ment-owned and Government-operated L. WHITTEN, GEORGE ANDREWS, JOHN J. from the Hoover Commission report and it is transportation, to the fullest extent possi­ RILEY, DANIEL J. FLOOD, CLARENCE CAN­ the language from the committee's and Sen­ ble when, upon using the same cost stand­ NON, R. B. WIGGLESWORTH, ERRETT P. ate report of last year. I shall read it and I ards for both commercial and Government ScRIVNER, GERALD R. FORD, Jr., EDWARD hope that the gentleman from Texas [Mr. facilities, it is found to be more econom­ T. MILLER, HAROLD C. OSTERTAG, JOHN MAHON] will agree that again, for the pur­ ical, and further, that in evaluating relative TABER, Managers on the Part of the pose of emphasis if for no other reason, and costs of transportation, the Department House. to protect our flanks, the languab1 be should recognize the specific monetary reaffirmed. This is the language: value of time saved as an important factor DEFENSE APPROPRIATIONS, FISCAL YEAR 1959 "The Government should to the greatest in the award of competitive bids in trans­ DEPARTMENT OF DEFENSE APPROPRIATION BILL extent practicable adjust its use of air trans­ portation. 1959-H. R. 12738-HOUSE REPORT 1830 portation so as to use existing unutilized It is the desire of the committee that Airlift capacity of United States air carriers all commercial carriers be given a fair and (H. Rept. 2104, 84th Cong., 2d sess., p. 46) ." equal opportunity to offer their facilities It is most important that our military What in the world is the matter with that, on a bid basis to the Department of De­ forces be highly mobile and capable of mov­ and who possibly could object to it? For fense, and be provided to the extent prac­ ing rapidly to any area of the world should that reason, because of his sound judgment, tical with equal access to information re­ trouble develop. We do not have enough I am sure the gentleman from Texas would garding commercial movements of cargo and mobility at present and steps should be concur. personnel. The Department should make taken to work out more realistic plans for Mr. MAHON . Mr. Chairman, will the gen­ every effort to centralize the procurement the essential airlift portion of this require­ tleman yield? of such transportation so as to consolidate ment. The committee reaffirms its views Mr. FLOOD. I yield to the gentleman from movements in the interests of economy and that the airlift requirement should be met Texas. to avoid the practice of arbitrarily dividing by a combination of military and civil ca- · Mr. MAHON. As I understand it, the gentle­ groups into such small units as to necessi­ . pability. man from Pennsylvania is suggesting that tate unwarranted additional expense. The Civil Reserve Air Fleet must be de­ we agree that our view and our statement The committee desires that at installa­ pended upon to provide a substantial in the report of last year for the current tions where private carriers are permitted amount of airlift should the United States fiscal year for the defense budget with refer­ to offer their services for sale to individual become involved In either local or general ences to MATS is still the view and opinion personnel, representatives of all commercial war. To be fully effective the Civil Reserve of the committee. I believe the view and carriers should be afforded equal access Air Fleet must be modern and capable of opinion of the committee is still as we ex­ without discrimination. · being quickly mobilized. In order to pro­ pressed it in the :anguage we used in the The committee notes with approval that mote an atmosphere in which this civil report last year. I wish to assert very strong­ the Air Force budget reflects increased use capability can operate and modernize, the ly that it is my own view that we should as compared with fisc-al year 1957 of civil Government must not create undue com­ favor civilian aircraft as long as we can do air carriers to augment the Military Air petition with private industry. The Mili­ so without jeoparidizing the necessary mili­ Transport Service-in the movement of mili­ tary Air Transport Service is the largest air tary air transportation. I strongly support tary personnel and dependents. This is off­ transport service in the world. The com­ and reaffirm the language in the report last set in part, though, by the decreased use mittee questions whether this operation is year in regard to MATS and I have so notified of civil air carriers in moving cargo for not creating undue competition for private Air Force officials. MATS. In summary we do not feel that enterprise. On the other hand, the com­ Mr. FLOOD. The highest form of compli­ sufficient effort has been made by the De­ mittee heartily endorses the necessity in ment I could pay to the gentleman from partment of Defense in the international peacetime for a hard-core, efficient and im­ Texas is to say I could not have said ·that and overseas field to adjust its use of air mediately responsive Military Air Transport better myself. transportation so as to use existing un­ Service. The basic problem is the estab­ The very distinguished gentleman from utilized capacity of United States air car­ lishment of an equitable combination of Texas [Mr. MAHON], who is the chairman of riers. military and civil capability. the Defense Appropriations Subcommittee It is the wish of the committee, there­ The committee feels that adequate ar­ and floor manager of this _bill, has- clearly fore, that within the 1958 appropriations for rangements can be developed by fair and expressed the sense of our committee and I operations and maintenance and for mili­ objective cooperation to foster the growth know that we all expect the Defense Depart­ tary personnel the Defense Department re­ of the civil fleet and at the same time main­ ment to reduce its expenditures on MATS and program expenditures for operating MATS tain an effective Military Air Transport other Government-owned air transport ac­ and other Government-owned transport ac­ Service. tivities and devote these funds to making far tivities sufficiently to permit the funds so • • • • • greater use of United States air carriers. reprogramed to be applied toward procur­ Air Force stock and indttstrial funds More extensive use by the military of ing the services of United States civil air car.:. The Air Force budget for 1959 contained United States air carriers, as is being directed riers to meet as nearly as possible 40 per­ no request for increases in capitalization of by our committee, wm result in considerable cent of the passenger requirements and 20 either of the Air Force working funds. net savings to the American taxpayers, as percent of the c-argo requirements of the The committee notes with satisfaction well as a reduction of Government competi­ Military Air Transport Service. that the Military Air Transport Service is tion with private taxpaying business. The committee desires that a report be finally to be placed on an industrial fund made by the first of January 1958 which operating basis. The committee has advo­ GENERAL STATEMENT-USE OF COMMERCIAL would indicate the progress made by the De­ cated this action for several years. Funds in CARRIERS partment of Defense in implementing this the amount of $75 m111ion were provided for (Extract from S. Rept. No. 543, 85th Congress, directive. this purpose by transfer during fiscal year on Defense Department· appropriations for EXTRACTS FROM HOUSE REPORT No. 841, 85TH 1958. . fiscal year ending June 30, 1958, to ac­ CONGRESS CONFERENCE REPORT ON DEFENSE The committee feels that prudent man­ company H. R. 7665, now Public Law DEPARTMENT APPROPRIATIONS FOR FISCAL agement of these two funds, particularly 85-117, effective August 2, 1957) YEAR ENDING JUNE 30, 1958 with the addition of the Military Air Trans­ Last year in the conference committee on • • • • • port Service, will result in considerable bene­ the Defense appropriations bill the Senate Amendment No. 36: Deletes provision of fit to the Air Force. joined with the House in stating in a letter the Senate providing for competitive bidding. to the Secretary of Defense that the Gov­ This matter also is now under study by the ernment should, to the greatest extent prac­ legislative committees. The committee of THE TUNA INDUSTRY ticable, adjust its use of air transportation conference strongly feels that competitive so as to use existing unutilized capacity of bidding should be required whenever practi­ Mr. WILSON of California. Mr. United States air c-arriers. This statement cable for more effective and economical pro­ Speaker, I ask unanimous consent to ex­ was based upon our position that maximum curement. tend my remarks at this point in the utilization by the Department of Defense Amendment No. 37: Deletes provision of RECORD. of United States civil air carriers is essential the Senate pertaining to the procurement of The SPEAKER. Is ther~ objection to both in the promotion of our free enter­ commercial transportation. The committee the request of the . gentleman from prise economy and in the provision of the of conference empha-sizes the importance of California? necessary ready reserve civil airlift for na­ the Senate committee report on use of com­ There was no objection. tional defense; and that Government op­ mercial carriers and calls on the Department erations of its own air transport facilities of Defense to carry out the full intent. How­ Mr. WILSON of California. Mr. should be limited to that essential to mili­ ever, it 1s real1zed that the procurement of Speaker, the tuna fishing industry of the tary security. commercial transportation must be made in United States, which centers in my Dis­ The committee reaffirms its position of accordance with existing law. trict of San Diego, is in a very serious last year that the Department of Defense • • • • condition arising from imports of cheap 13874 CONGRESSIONAL RECORD- HOUSE July 15 tuna, chiefly from Japan. The condi­ ments to our legislation to accommodate Section 2 of the· bill provides that the tion of the industry and the sources of our position to those reports. This was Secretary of the Interior can, under its injury have been adequately de­ known to the committee, and I have in­ specified conditions, pay an amount scribed in a report on tuna fish issued troduced the bill which had the endorse­ equal to but not exceeding the difference by the United States Tariff Commission ment of the tuna fishing industry un­ in the price a tuna producer can sell his in May of this year and in a report of der those conditions. fish for, and the tuna stabilization price. the Secretary of the Interior on fresh We have been informed, however, that The tuna stabilization price is specified and frozen yellowfin, skipjack, and big­ the Committee on Ways and Means will for albacores as 19 cents per pound­ eye tuna issued later in May of this year. not hold hearings or take further ac­ $380 per ton; yellowfin and bigeye, 15 A summary of these reports was pre­ tion on this or any other bill dealing cents per pound-$300 per ton; bluefin, sented to the House on May 26 by my with tariffs on tuna this session. 14% cents per pound-$290 per ton; and distinguished colleague, the gentleman . The normal procedure in such a situa­ skipjack, 13 cents per pound-$260 per from California, JAMES B. UTT, and tion is for the industry to seek relief un­ ton. These are normal tuna prices under appears in the CONGRESSIONAL RECORD for der the escape clause provisions of the which an efficient fisherman can make that date. Accordingly it is not neces­ Trade Agreements Act. This avenue of a profit on the fish he can catch if he sary for me to further describe those relief is closed to the tuna fishing in­ can sell it. They are all lower than the conditions at this time. dustry. average prices of the past 10 years. See There are three classic ways to handle Under present, or contemplated, law the report of the Secretary of Interior. such a problem: First, impose a tariff to the President cannot transfer a com­ Aside from limiting such payments to equalize the cost of production; second, modity from the free list to the dutiable American-flag vessels landing their grant a subsidy sufficient to equalize the list if it is not the subject of a foreign catches in American ports and, using cost of production; or third, let the in­ trade agreement and, accordingly the only American crews, and selling only dustry go broke and go out of business. Tariff Commission would not recommend through legally established fishery co-. We in San Diego have no int-ention of such action to him. '!'he Commodity operatives, the bill further safeguards letting this industry go out of business if which is causing the major share of the the public treasury by limiting the vol­ we can humanly avoid it. The 138 ves­ difficulty is frozen yellow fin, skipjack ume of production that can be subsi­ sels that we have left out of the fleet of and bigeye tuna. It is free of duty and dized, the maximum unit subsidization 210 we had in 1951 still bring in about it is not the subject of a foreign trade that can be employed, the total amount $25 million in new wealth from the sea agreement. Therefore, it does not come of money that can be expended over a each year and this is a principal source of within the purview of the escape clause five year period, and limits the entire income to the port and the city. Fur­ provisions of the Trade Agreements Act. program to a five year period. thermore it is the established policy of The Chairman of · the United States The total volume of tuna upon which the United States Government, enun­ Tariff Commission so testified to the a subsidy can be paid in any 1 year ciated repeatedly by its officers from the Committee on Ways and Means Febru­ is limited to 355 million pounds, which President down, that the working of our ary 20, 1958. was the domestic production in 1956, or foreign trade policy . shall not be pel·­ Accordingly the tuna fishing industry 60 percent of the apparent annual con­ mitted to seriously injure efficient domes­ cannot get relief under the Trade Agree­ sumption of tuna in the United States tic industries. ment Act and it cannot get a chance to which was the· ratio of ·United States In 1951 the Committee on Ways and even plead its case . before the Commit­ landings to the sum of consumption and­ Means after studying this problem re­ tee on Ways and Means. No matter exports in 1956. Both of these figures ported out a bill providing a temporary what pious words of sympathy are ex­ are taken from table 1 of the Tariff tariff of 3 cents l}er pound un frozen tuna pressed to us, the practical fact is that Commission repoi·t on tuna fish, alluded during the period necessary for the Tariff the tariff or quota paths .to relief from to above. Commission and the Department of the its import problems are completely No stabilization payment shall be made Interior to make a thorough study of the closed to the tuna fishing industry, re­ on tuna in excess of 3 cents per pound. problem and report to the Congress on gardless of what the Congress or the Accordingly the maximum amount that appropriate means for a permanent President has said on the subject while this program could cost per year is about· solution to the problems of the industry. the various trade agreements act-s were $10 million. This is further specified in That bill passeq the H;ouse of Repre­ in the process of being acted upon in section 9 where the total sum to be spent sentatives, was i·eported favorably by the the Congress. on ~ this program over the 5-year life of Senate Committee on Finance, and was The other alternate way out of this the program is specifically limi-ted to na1Towly defeated in the Senate under problem is a subsidy. The Senate has $50 million. vigorous attack from the Department of just adopted S. 4036, a bill to stabilize It should be pointed out, however, that State. the production of copper, lead, zinc, this maximum amount would not neces­ Time has gone forward and in the suc­ acid-grade fluorspar, and tungsten from sarily be spent in the 5 years and the ceeding 7 years our fleet has declined by domestic mines. The problems of those likelihood is that expenditures would be 24 percent while the Japanese share of mining industries are substantially. much less than that. The price being the United States tuna market was in­ identical with that of the tuna fishing received by albacore fishermen in San creasing from 21 to 46 percent. industry. The fishing fleet is in effect Diego at this time is 20 cents per pound . Last year four west coast Congress­ mining a raw material from the sea. I or $400 per ton and the likelihood is that men including Congressman UTT and may say that none of those mining in­ that price will last for the year. Accord­ myself introduced legislation aimed at dustries, aside from copper, vary in size ingly under this bill no subsidization stabilizing these tuna imports without much from the tuna fishing industry or payment would be made this year on cutting them back. Pursuant to a reso­ are more valuable than it to the do­ albacore. The prices being paid for lution of the Senate Committee on Fi­ mestic economy. This metals bill was yellowfin and skipjack in San Diego at nance the Tariff Commission brought its devised in the Department of the In­ auction are now running at about $275 studies of the tuna problem up to date terior and is apparently the way that the and $235 per ton respectively and it is and pursuant to the Fish and Wildlife administration prefers to use to meet the height of the season. It is reason­ Act of 1956, the Secretary of the In­ such problems. ably anticipated that those prices may terior completed his study of the effects Accordingly I have prepared and in­ rise to $300 per ton and $260 respectively of frozen tuna imports on the domestic troduced a bill modeled closely upon the this fall. Under the present conditions tuna industry. Both of these studies metals bill to provide for the stabiliza­ the subsidy payment would be only $25 were completed and published in May tion of the tuna fishing industry in the per ton instead of the $60 per ton pro­ of this year. They show serious injury same manner as that bill provides for ~ided as a maximum in the bill, and from imports to the tuna fishing indus­ the stabilization of these mining indus­ under the hoped for conditions this fall try under every criteria listed in the tries. I do not think subsidies are the it would drop to zero. It is further trade laws. We then succeeded in get­ best answer to e:x~cessive imports. But if pointed out that the price of yellowfin ting the departmental reports on our subsidies are acceptable and tariffs ·are and skipjack has stayed around $270 legislation up to the Committee. We not, then we must demand equal consid­ and $230 per ·ton for 3 years, with one were fully prepared to make amend- eration with the mining industry. notable dip last summer. Accordingly, 1958 CONGRESSIONAL RECORD- HOUSE 13875 one could say with some degree of cer­ The SPEAKER. Is there objection to later, and after the strike has been tainty that the cost of this bill would be the request of the gentleman from broken by this technique. closer to $5 million per year than the Massachusetts? These delaying actions are also evi- $10 million per year maximum that iS There was no objection. dent in the operations of the National provided in the bill. Mr. LANE. Mr. Speaker, the Taft- Labor Relations Board. In its refusal to The amount less than the maximum Hartley Act was enacted in 1947, over take cases that had previously been con­ which the bill would cost, right down to President Truman's veto. In the 11 years sidered national in character, on the zero, is clearly within the control of the since then, it has become obvious that flimsy excuse that the companies in­ Department of State of the United States this law has failed to improve labor- valved did not measure up to an arbi­ Government. The price of tuna received management relations. trarily determined volume of business, by domestic fishermen in San Diego is The historic Wagner Labor Relations it has denied to hundreds of thousands regulated by the f. o. b. Tokyo prices Act was signed on July 5, 1935, by Presi- of workers the established processes of established by the Japanese frozen tuna dent Franklin D. Roosevelt. On April labor-management relations. cartel for exports to the United States. 12, 1937, the Supreme Court upheld the By reinterpreting section 8 (c) of The prices which the Japanese frozen constitutionality of the Wagner Act. Taft-Hartley, it has tipped the scales in tuna cartel charge are under the direct This law established the legal right of favor of management, enabling it to in­ regulation of the Japanese Government. workers to organize into unions of their timidate and coerce the workers in their They cannot be changed except by au­ own choice without fear of coercion or choice of a bargaininG agent. thority of a committee of the Japanese intimidation. Collective bargaining was By willingly and perhaps intentionally Government upon which sit representa­ to be encouraged. stepping aside from such cases, it is di- tives of the foreign office, ministry of Then, in 1947, during the period of verting them to the States and to the international trade and industry, and postwar economic readjustment, the death sentence implicit in section 14 (b) ministry of agriculture and forestry. pendulum swung the other way. Taft- of Taft-Hartley, which grants to the The reason why the prices of tuna Hartley was designed to lower the labor States the authority to outlaw all forms · have not strengthened in San Diego is standards that were maintained even of union activity. By voiding Federal because the Japanese frozen tuna cartel during the emergency of war. In its authority and responsibility, the NLRB has limited the volume of tuna to be mood and in its approach to the prob- is covertly turning back labor-manage­ sent here this year and raised the check lem, this legislation emasculated labor's ment relations to the States. Here, in prices at which it can be exported. This bill of rights. gerry mandered legislatures, where the has been done through the agreement, if No one disputes the need for corrective rural and conservative groups have not at the direction, of the Japanese legislation to maintain an even balance power beyond their actual strength, em­ Government for the purpose of helping in the labor-management relationship, players are pushing through restrictive in the defeat of tuna import legislation or to protect labor, management, and the labor legislation under the cloak of mis­ in this Congress. public from such abuses that may de- leading right-to-work laws. Even the The Department of State is quite com­ velop. Taft-Hartley did not dare challenge the petent to encourage the Japanese Gov­ We are currently witnessing a situa- principles of the Wagner Act that es­ ernment in keeping the price of tuna in tion where, under the pretext of eliminat- tablished as our national policy, the right San Diego at the tuna stabilization ing those abuses, a determined effort is of labor and management to work out prices provided for in this bill so that being made to weaken the labor move- their own agreements free from Gov­ this bill would neither cost the United ment in the United States. There are ernment interference. Taft-Hartley States Government any money, or dam­ those who would add to the punitive re- pays lipservice to this policy, but the age in any way the total volume or value strictions of the Taft-Hartley Act, de- fine print contradicts it. of the Japanese tuna trade with the spite the fact that this act is wrecking our We in New England, where the textile United States. hopes for harmonious labor-manage- industry was once centered, know from If the United States Government, ment relations. - tragic ·experience, know what it means either through the adoption of this bill, A 1950 Senate subcommittee, after in- when those employers who are opposed or another measure having the same ef­ vestigating Taft-Hartley's impact on to collective bargaining escape from it fect, would keep the tuna prices at the labor-management relations in the by moving to those States where the level specified in this bill it would not southern textile industry, made this spirit and intent of industrial democracy be necessary to provide for any of the pertinent observation: is subverted by redtape, delaying ac- tions, and coercion. other crutches such as differential con .. In stopping a union organizing campaign, Now, most of our mills have gone, in struction subsidies, grants in aid, help on the employer will use some or all· of the a mass migration to avoid their respon­ insurance payments, and so forth, that following methods: surveillance of organizers sibilities to the workers who served them are being talked about. A fisherman can and union adherents; propaganda through build a boat, get credit, and pay his bills rumors, letters, news stories, advertisements, SO well. if he makes a profit on the fish he speeches to the employees; denial of free · The economic dislocations we en­ catches. If he does not make a profit he speech and assembly to the union; organiz- dured, and the sufferings of the dis­ ing the whole community for antiunion ac- placed textile workers, have convinced can do none of these things, and the pro­ tivity; labor espionage; discharges of union us that only a national labor relations vision of crutches of this sort are only a sympathizers; violence and gun play; in- act, without escape clauses, will promote waste of the Government's money in junctions; the closing or moving of the mill; keeping a fatally sick business alive. endless litigation before the NLRB and the harmonious labor-management coopera- In summary this bill would provide for courts, etc. tion. a healthy, growing, and prosperous tuna After all these fail, the employer will try Some of the reasons for New England's fishing industry for a maximum cost of to stall in slow succession, first the election, losses to the South are pointed out by then the certification of the union, and the economist, Seymour Harris, in his $10 million per year over a 5-year period, finally the negotiations of the contract. Research Study-the Competitive Posi­ a more likely cost if $5 million per year Few organizing campaigns survive this type tion of the New England Textile Indus- over that period, and no cost at all if of onslaught. try, published in 1952: the Department of State would ask the Japanese Government to exercise mod­ As the Taft-Hartley works out, it But New England's losses have not been eration in its dumping of tuna fish into blocks new organizing efforts, while it the result merely of superior human and steadily undermines the rights of labor natural resources available to the South. In this market. in organized industries. part, the gains may be ascribed to southern In effect, Taft-Hartley encourages social policies which are well below national standards in various fields; examples are IN SUPPORT OF H. R. 308, TO REPEAL employers to seek injunctions that frus- minimum-wage legislation, laws relating to trates legitimate union activity. As tern- trade unionism and attitudes towards trade THE TAFT-HARTLEY ACT porary restraining orders, injunctions unions, standards of workmen's compensa­ Mr. LANE. Mr. Speaker, I ask unani­ can become operative with a judge's sig- tion and unemployment insurance, and fac­ mous consent to extend my remarks at nature. Hearings as to the legality of the tory legislation. By encouraging standards this point in the RECORD. injunction are not scheduled until weeks below national levels, the South further 13876 CONGRESSIONAL RECORD- HOUSE July 15 strengthens its competitive position in tex­ From Business Week, a magazine that s. 3651 in the Senate, the proposal was tiles. Perhaps we should add that, though reflects the views of industry, comes this being made in the Senate and in the it has been rising, the standard of living in convincing indictment: Banking and Currency Committee of the the South is still substantially lower than What was wrong was that the Taft-Hartley Senate to amend H. R. 7963 to provide for in New England; and a lower standard of the life of the Small Business Adminis­ 1i ving tends to depress wage levels. Act went too far. It crossed the narrow line separating a law which aims only to regulate tration only to and including June 30, Of what use then, is the defective from one which could destroy. By going that 1961. However, since the Senate passed Taft-Hartley Act when it is rigged, not far, the law defeated itself. s. 3651 on June 9, 1958, it has taken final only to provide so many State loop­ It is plain that this law is now anti­ action on H. R. 7963. In taking the lat­ holes that make a mockery of national quated and, in fact, dangerous. ter action it eliminated from H. R. 7963 labor legislation, but actually encour­ Patchwork amendments will not rem­ the language regarding the Small Busi­ ages, under the deceptively named edy it. ness Administration I now propose to be "right to work" laws passed in the sev­ Some of the subtleties in it will stricken from S. 3651 regarding the Small eral States, the revival of the industrial remain to poison the climate of negotia­ Business Investment Division of the strife which our economy cannot tol­ tion and hamper the progress of our Small Business Administration. erate. economy. House Report No. 2060, as does Senate Because of the rise in the number of It must be scrapped, and a new Labor­ Report No. 1652, explains that the termi­ those who are unemployed, a few groups Management Relations Act, to revive and nation date of June 30, 1961, of the au­ of employers think that the time is ripe extend both the spirit and the pioneer­ thority of the Small Business Adminis­ to press for more restrictive labor legis­ ing procedures of the Wagner Act, should tration to charter small-business invest­ lation. On the divide-and-conquer be enacted. ment companies was placed in the bill strategy that plays upon human mis­ I ask for your approval of H. R. 308, with the thought that within 3 years all fortune, they think they can play off the which provides for outright repeal of the States should be in a position to enact unemployed against the employed, or Taft-Hartley Act. the necessary enabling legislation to pro­ convi.nce those now working that they vide for the chartering of small-business may lose their jobs, and by these psy­ investment companies to operate under chological pressures undermine the PROPOSED AMENDMENTS TO S. 3651, this program. Consequently, it was unity of organized labor. If they should SMALL BUSINESS INVESTMENT thought that the chartering function in succeed in "turning back the clock," ACT OF 1958 the Small Business Administration would they would take a way the economic be unnecessary after June 30, 1961. gains that organized labor has won, not Mr. PATMAN. Mr. Speaker, I ask It is believed that since SBA has now only for its own members, but for all unanimous consent to extend my re­ been approved as a permanent agency, who depend upon wages for their live­ marks at this point in the REcoRD. the chartering of small-business invest­ lihood. The SPEAKER. Is there objection to ment companies by SBA should not In their veiled though stubborn oppo­ the request of the gentleman from terminate June 30, 1961. We should not .sition to collective bargaining, they fail Texas? burden any State with the necessity of to understand the serious social and There was no objection. chartering small-business investment economic losses threatening the national Mr. PATMAN. Mr. Speaker, today I companies in order to insure the help we security, that would result if they had am inserting in the record for the in­ are trying to provide for small business. their way. A return to the pre-Wagner formation of Members several amend­ Perhaps in State A small-business men days, when labor was treated as a com­ ments I propose to offer on the floor to will form small-business investment modity, would be disastrous for all, in­ s. 3651, the Small Business Investment companies before June 30, 1961, but will cluding those employers whose memories Act of 1958, when that measure comes not get around to doing that in State B are so short. up for consideration later this week. before July 1, 1961. Therefore, unless I can remember the long and bitter The amendments I am proposing are s. 3651 is amended as I propose, State strikes in the days before the obstacles as follows: B will of necessity be burdened with the to collective bargaining were removed, Strike lines 9 and 10, page 10, being function of chartering small-business in­ thanks to the Wagner Act. the last 2 lines of section 301 (a). vestment companies or small business in The Taft-Hartley Act looks backward Strike the words "Prior to July 1, that State will then be left without the to those days. The administration and 1961," and revise the remainder of line financing facilities we are seeking to interpretation of that law has provoked 21, page 23, being the first line of section provide. misunderstanding and hostility in the 401 (a), to read as follows: "Any invest­ Of course, it is recognized that in field of labor-management relations. ment." about 20 States where State and local The National Labor Relations Board Strike lines 16 and 17, page 27, being development corporations are now in set forth its reactionary policy in a hear­ subsection (6) of section 502. existence, extra means are provided in ing that followed a strike at the Pipe The amendments I propose would S. 3651 for supplying small business with Machinery Co., Cleveland, Ohio, in Feb­ strike language appearing in lines 9 and needed financing. Small business in ruary 1957. It decided that the strikers 10, page 10; strike and revise language those States without State and local de­ forfeited their right to their jobs be­ appearing in line 21, page 23; and strike velopment corporations are in a less for­ cause the company offered to rehire lines 16-17, page 27. tunate situation. For that reason we them, under the guise of a back-to-work The effect of these amendments would should make certain that no provision in movement. The NLRB twisted the be to eliminate the automatic expiration the bill will operate to restrict in the workers' refusal to give up their union of certain features of the Small Busi­ future small-business men from forming into "failure to apply for reinstatement," ness Investment Act of 1958 on June 30, small-business investment companies in and ruled that the strikebreakers were 1961. those States where State and local de­ not temporary employees, but that they The purpose of my offering amend­ velopment corporations do not exist. intended to become permanent em­ ments to that end is to provide that the For that and other reasons I have men­ ployees of the company. Small Business Investment · Division oi tioned, the amendments I propose should Such slanted interpretations did not the Small Business Administration char­ be adopted. go unchallenged. The conservative and tering shall continue until Congress de­ I see no real reason for opposition to highly respected Christian Science Mon­ crees otherwise. We have just taken these proposed amendments.. Therefore, itor observed that: "A worker has a action of a similar nature regarding the it is hoped that they will be adopted moral right to his job. When one party Small Business Administration through when the bill is called up. owns the job and the other must have the approval of H. R. 7963. There is no the job to eat, the bargaining power is good reason for treating the Small Busi­ not identical or equal. The theory of ness Administration different from our DISORDER IN THE GOVERNMENT the Taft-Hartley Act, like that of the treatment of .its Small Business Invest­ BOND MARKET IS GROWING Wagne!' Act which it amended, was to ment Division. Mr. PATMAN. Mr. Speaker, I ask equalize bargaining power. Actually, it When the automatic expiration date unanimous consent to extend my re­ has done just the reverse." of June 30, 1961, was being inserted in marks at this point in the REcORD. 1958 CONGRESSIONAL RECORD - -HOUSE 13877 The SPEAKER. Is there objection to ment bond market, in which -case the vember 16, and were still up to 3.15 per­ the request of the gentleman from speculators are gambling on quick and cent in the week of May 15, and still Texas? substantial changes in the prices of at 3.15 percent in the week of June 16. There was no objection. these bonds. In other words, the reduction in the Mr. PATMAN. Mr. Speaker, there TREASURY GIVEAWAYS ATTRACT SPECULATORS rate on these bonds between the peak was another spectacular drop in the Another thing which has attracted of the tight-money period and the peak price of Government bonds yesterday. of what was supposed to be the loose­ The 3 percent bond, due in 1990, speculators to this market. and attracted Y2 numbers of amateur speculators, is that money period, represented a decline of dropped by $1.75 on the $100. The 4% only 13 percent. percent bond of 1978-83 and the 4% per­ the Treasury has for several years en­ gaged in a long series of giveaways. The FEDERAL RESERVE HAS BROUGHT SHORT-TER:M: cent of 1985, each dropped by $1.50 on T;reasury has been issuing bonds at in­ RATES DOWN, LEFT LONG-TERM RATES UP the $100 and closed at their lowest point The reason for this different treat­ for the year. terest rates which were above current market rates, with the result that the ment of short-term and long-term CYCLES OF SUDDEN DROPS AND SLOW RISES prices of these bonds have risen in the securities is that the Federal Open Mar­ The morning papers blame these ter­ market almost immediately after they ket Committee has adopted a rule which rific price breaks on the bad news from were issued. Bond buyers who got in ties its hands with reference to long­ Iraq. This news may well have trig­ early have, for the most part, been able term securities. The Open Market gered the decline. But to understand to make a quick profit. Furthermore, by Committee buys Government securities why the price decline went to such ex­ buying on a margin of only 5 percent, from time to time, when it wishes to tremes we have to consider the remark­ speculators have been able to make quick ease credit, but it bas had a so-called able nature of the market for Govern­ profits amounting to 50 percent or more bills only policy for several years now ment bonds: This market is one of al­ oil their investments. by which it has resolved to buy only most complete disorder. It is a market These Treasury giveaways have at­ short-term securities and no long-term where many small, amateur speculators traded some attention. Furthermore, securities. One of the unfortunate re­ are gambling on very small margins. the financial columnists have written sults of this policy, incidentally, is that And it is a market in which there are a words of advice to amateur investors, en­ the Federal Reserve has arbitrarily few professional dealers with tremen­ couraging them to take advantage of the locked up its method for getting pri­ dous holdings who can take advantage quick profits which could be made in this vate bank rates down. Despite the of the thin-margin position of the ama­ market. And recently, the Treasury's action taken to ease credit over the past teur speculators to influence prices and activities have been especially strange. 6 or 7 months, which has meant mostly pick up bargains. Last Wednesday, I The odd circumstances under which it that the Federal Reserve has handed called attention to the increasing dis­ issued huge amounts of new interme­ over billions of dollars of additional re­ order in this market. On the previous diate-term and long-term bonds at the serves to the private banks, there has day, there had been a similar debacle beginning of last month led amateur been little or no reduction in the rates when the price of the 3% percent, 27- speculators to believe that these bonds which the banks charge on loans made year bond, dropped by $1 on the $100. were being issued at especially nice give­ from this increased supply of credit. On Wednesday morning, I -sent a-tele­ away• prices, that were practically cer­ Consequently, the increased supply of gram to Chairman Martin of the Federal tain to offer quick profits. credit, which has been brought about without substantial reduction in the Reserve Board, asking· if the Board could TREASURY SEEKS THE HIGH-INTEREST MARKET not do something to bring order out of price to borrowers, has had little effect In the first place, the Treasury's de­ in stimulating business borrowing which chaos in this market. The next day cision to issue any large amounts of long­ Chairman Martin wrote me that he was was supposed to relieve the business re­ term securities-at the ttme it did-was cession. The prime rate on business leaving for Denver but would discuss this most remarkable. Yet the Treasury not matter with members of the Board on loans has for some months now re­ only issued some $7.4 billion of a new mained fixed at 3% percent, which is his return to Washington this week. In 2%-percent 63,4-year bond, at the be­ only % percent below the rate that was the meantime, the conditions in this ginning of June, it issued at the same being charged in mid -summer of last market seem to have been getting worse, time some $1.1 billion of a new 3%-per­ year, when the Federal Reserve was do­ not better. On last Wednesday, bond cent bond of a 27-year maturity. ing its utmost to choke off the demand prices showed a considerable recovery At the time this decision was reached for business borrowing. Furthermore, after the Tuesday drop, and there had the Federal Reserve System had brought a number of small-business associations, been a general trend toward recovery up about a terrific reduction in the interest as well as many individual small-busi­ until yesterday, when prices dropped rates on short-term securities, but almost ness people, have written me that the again, this time even more severely than no reduction in the high rates of the banks have made . no reduction what­ before. It is to be strongly hoped that tig·ht-money period on longer term ever in the rates they charge small the Board of Governors can find some bonds. In other words, the Treasury companies. Those who were fortunate appropriate action to take to improve announced its decision to shift from enoug·h to get bank loans at 6 percent, the trading in Government bonds. short-term financing to long-term fi­ are still paying 6 percent. I do not 5-PERCENT MARGINS ATTRACT SPECULATORS nancing at the very time when rates on wish to argue that the Federal Reserve's The principal invitation to disorder in short-term issues had been brought methods of .easing credit have been cal­ the Government bond is the extremely down to the lowest levels of several culated to keep bank rates high. On small margins on which trading is per­ years, and when rates on long-term the other hand, its experiences by now mitted. This is probably the smallest issues were still fantastically high. should have driven home the point that margin allowed in any securities or com­ For example, the Federal Reserve had the rate which the commercial banks modity market in the country. In the brought the interest rate down on 91- charge is not lowered by increasing the stock market, the present Federal Re­ day Treasury bills from 3.38 percent in supply of money which these banks serve regulation requires at least 50 per­ the week ended November 16, to 1.02 have to lend. Rather, commercial cent margin, and this, incidentally, is percent in the week ended May 15, be­ bank rates come down when rates in extremely low. The margin in this mar­ fore the Treasury's new financing was the bond market come down, so that ket was reduced from 70 percent to 50 announced on May -29. Subsequently, by the corporations have reason to shift percent as part of the Reserve System's the week ended June 14, this rate was their demands "for credit over to that recent program of easing credit. down below 1 percent-to be exact, to market. In contrast, trading in Government 0.83 percent. This meant a drop of 70 Yet it was under these unusual con­ bonds is done in many instances on mar­ percent in the rate on Treasury bills ditions prevailing in the market-when gins as low as 5 percent. There is no reg­ between November 16 and May 15, and short-term rates had been brought down ulation at all, and trading could be done the drop of another 5 percent to June 14. and long-term rates. were still near their on 1 percent, if the trader could find a In contrast, the rate . Referred to (c) (1) of the Postal Field Service Com­ ADJOURNMENT the Committee of the Whole House on the pensation Act of 1955 to grant longevity Mr. LIBONATI. Mr. Speaker, I move State of the Union. credit for service performed in the Panama that the House do now adjourn. Mr. COOLEY: Committee on Agriculture. Canal Zone postal service; to the Committee S. 1939. An act to amend the Federal Seed on Post Office and Civil Service. The motion was agreed to; a;ccordingly By Mr. MciNTYRE: (at 5 o'clock and 1 minute p. m.) the Act of August 9, 1939 (53 Stat. 1275), as amended; without amendment (Rept. No. H. R. 13405. A bill to amend the Internal House adjourned until Wednesday, July 2160). Referred to the Committee of the Revenue Code of 1954 to J>rovide an income 16, 1958, at 12 o'clock noon. Whole House on the State .of the Union. tax deduction for c.ertain expenses of at­ Mr. MILLS: Committee on Ways and tending colleges and universities; to the Means. H. R. 10277. A bill to reduce from 15 Committee on Ways and Means. EXECUTIVE COMMUNICATIONS, to 13 inches the minimum width of paper in By Mr. McMILLAN (by request) : ETC. rolls which may be imported into the United H. R. 13406. A bill to amend the District Under clause 2 .of rule XXIV, execu­ "States free of duty as standard newsprint of Columbia Redevelopment Act of 1945, as paper; without amendment .(Rept. No. 2161). amended; to the Committee on the District tive communications were taken from "Referred to the Committee of the Whole of Columbia. the Speaker's table and referred as ·House on the State of the Union. By Mr. MACDONALD: follows: : Mr. WALTER: Committee on the Judiciary. H. R. 13407. A bill to expedite the utmza­ 2129. A letter from the Comptroller Gen­ H. R. 13378. A bill to facilitate the naturali­ tion of television facilities i_n our public eral of the United States, transmitting a zation of adopted children and spouses of sch·ools and colleges, and in adult training 13880 CONGRESSIONAL RECORD- HOUSE July 15 programs; to the Committee on Interstate By Mr. CHENOWETH: H. Res. 6in. Resolution that it is the sense and Foreign Commerce. H. Con. Res. 353. Concurrent resolution ac­ of Congress that Ambassador Menshikov has By Mr. SMITH of Virginia: cepting the statue of Dr. Florence Rena Sa­ violated the prescribed norms of diplomatic H. R. 13408. A bill to amend section 3401 bin, presented by the State of Colorado, to conduct by engaging in a long series of de­ of title 18, United States Code; to the Com­ be placed in Statuary Hall; to the Com­ liberate acts of propaganda calculated to m ittee on the Judiciary. mittee on House Administration. cause dissension and political disunity on By Mr. TELLER: H. Con. Res. 354. Concurrent resolution to the American scene and to cast false doubts H. R. 13409. A bill to provide that the place temporarily in the rotunda of the Capi­ upon the peaceful intentions of the Govern­ alien children and spouses of aliens law­ tol a statue of Dr. Florence Rena Sabin, and ment of the United St ates, and therefore fully admitted to the United St ates for per­ to hold ceremonies on said occasion; to the should be forthwith declared persona non manent residence shall be non quota immi­ Committee on House Administration. grata by President Eisenhower; to the Com­ grant s; to the Committee on the Judiciary. · H. Con. Res. 355. Concurrent resolution to mittee on Foreign Affairs. By Mr. WILSON of California: P.rint the proceedings in connection with the By Mr. BUCKLEY: H. R. 13410. A bill to stabilize the tuna acceptance of the statue of Dr. Florence Rena H . Res. 632. Resolution to provide funds fishing industry; to the Committee on Mer:­ Sabin; to the Committee on House Adminis­ for the Committee on Public Works; to the chant Marine and Fisheries. tration. Committee on House Administration. H. R. 13411. A bill to regulate the impor­ By Mr. HILL: tation of tuna; to the Committee on Ways . H. Con. Res. 356. Concurrent resolution ac­ and Means. cepting the stat ue of Dr. Florence Rena By Mr. RUTHERFORD: Sabin, presented by the State of Colorado, to PRIVATE BILLS AND RESOLUTIONS H. R. 13412. A bill to provide for the ac­ be placed in Statuary Hall; to the Com­ quisition of sites and the construction of Under clause 1 of rule XXII, private mittee on House Administration. bills and resolutions were introduced buildings for a training school and other fa­ H . Con. Res. 357. Concurrent resolution to cilities for the Immigration and Naturaliza­ place temporarily in the rotunda of the and severally referred as follows: tion Service, and for other purposes; to the capitol a statue of Dr. Florence Rena Sabin, By Mr. MORANO: Committee on Public Works. and to hold ceremonies on said occasion; to H. R. 13415. A bill for the relief of Arthur By Mr. CRETELLA: the Committee on House Administ~ation. Carlos Do Carvalho; to the Committee on the H. R. 13413. A bill to amend title II of the H. Con. Res. 358. Concurrent resolution to Judiciary. Social Security Act to provide a 10 percent print the proceedings in qonnection with the H. R. 13416. A bill for the relief of Quirino increase in all monthly insurance benefits acceptance of the statue of Dr. Florence Crecco; to the Committee on the Judiciary. payable thereunder; to the Committee on Rena Sabin; to the Committee on House Ad­ By Mr. ROONEY: Ways and Means. ministration. H. R. 13417. A bill for the relief of Mark By Mr. TOLLEFSON (by request): By Mr. ROGERS of Colorado: Kohn; to the Committee on the Judiciary. H. R. 13414. A bill to authorize a per capita payment to enrolled members of the H . Con. Res. 359. Concurrent resolution ac­ By Mr. THOMAS: Confederated Tribes and Bands of the cepting the statue of Dr. Florence Rena H. R. 13418. A bill for the relief of Baici Yakima Indian Nation; to the Committee on Sabin, presented by the St ate of Colorado, to Pompeo (also known as John Base); to the Interior and Insular Affairs. be placed in Statuary Hall; to the Committee Committee on the Judiciary. By Mr. BUCKLEY: on House Administration. By Mr. WALTER: H. J. Res. 654. Joint resolution requiring H. Con. Res. 360. Concurrent resolution to H. R. 13419. A bill for the relief of Dda the Secretary of Commerce to submit certain place temporarily in the rotunda of the Mato Martinez; to the Committee on the Ju­ recommendations for legislation to equitably Capitol a statue of Dr. Florence Rena ·sabin, diciary. reimburse States for cel'tain highways on the and to hold ceremonies on sa1d occasion; to National System of Interstate and Defense the Committee on House Adm:.nistration. Highways; t-o the Committee on Public H. Con. Res. 361. Concurrent resolution to PETITIONS, ETC. Works. print the proceedings in connection with the Under clause 1 of rule XXII, petitions By Mr. ASPINALL: acceptance of the statue of Dr. Florence Rena H. Con. Res. 350. Concurrent resolution ac­ Sabin; to the Committee on House Admin- and papers were laid on the Clerk's desk cepting the statue of Dr. Florence Rena Sa­ i~tration. · and referred as follows: l:!in, presented by the State of Colorado, to By Mr. FEIGHAN: 708. By the Speaker: Petition of ·Lawrence be placed in Statuary Hall; to the Com­ H. Con. Res. 362. Concurrent resolution David Horton, Cincinnati, Ohio, relative to a mittee on House- Administration. that it is the sense of Congress that Am­ redress of grievance relating to his recent H. Con. Res. 351. Concurrent resolution to bassador Menshikov has violated the pre­ detainment in Rollmans Receiving Hospital place temporarily in the rotunda of the Cap­ scribed norms of diplomatic conduct by en­ in Cincinnati; to the Committee on the Judl­ itol a statue of Dr. Florence Rena Sabin, and gaging in a long series of deliberate acts of ciary. to hold ceremonies on said occasion; to the propaganda calculated to cause dissension 709. -Also, petition of Alexander Meikle­ Committee on House Administration. and political disunity on the .A_-nerican scene john; Berkeley, Calif., relative to E. R. Stabler H. Con. Res. 352. Concurrent resolution to and to cast false doubts upon the peaceful and others endorsing the petition of Alexan­ print the proceedings in connection with the intentions of the Government of the United der Meiklejohn, relating to a redress of griev­ acceptance of the statue of Dr. Florence Rena States, and therefore should be forthwith de­ ance pertaining to the House Committee on Sabin; to the Committee on House Adminis­ clared persona non grata by President Eisen­ Un-American Activities; to the Committee tration. hower; to the Committee on Foreign Affairs. on Rules.

EXTENSIONS OF REMARKS

The Mideast Situation Belongs in the problem is sought within the UI)ited Na­ also vitally important in this propaganda tions. We can thus, at least, try to pre­ battle, I think; not to abruptly reject any United Nations vent any additional triumphs of Soviet Soviet suggestion for solution, even propaganda. though we feel that their motives are EXTENSION OF REMARKS We may be certain that the Russians false and hypocritical. OF will make the most of our entrance into We have been on the losing end of too Lebanon and try to convince the rest of many propaganda battles with the Rus­ HON. HAROLD D. DONOHUE sians in the past, and it is imperative OF MASSACHUSETTS the world that it is an imperialist gesture toward war and not, as it is truly meant that the prestige of the United States IN THE HOUS~ OF REPRESENTATIVES to be, an attempt to promote peace. be salvaged in this complex Lebanon and Tuesday, July 15, 1958 Mideast situation. The forum in which In my opinion, it is most essential that that can be accomplished is the United Mr. DONOHUE. Mr. Speaker, it may we make every effort to counteract the Nations, and I most earnestly hope that or may not be an unfortunate matter Russian propaganda, and it would ap­ the President will insist that any nego­ that the President's best wisdom has pear that the best way to do so is to pur­ tiations be conducted within that inter­ ordered our troops into Lebanon, but it sue a solution through the United Na­ national organization, originated for the is useless to argue about that now. Our tions. It is vitally important that we purpose. clear patriotic course now is to go along show the world that we will not reject Meanwhile, let us pray divine gUidance with the President in a demonstration of even the germ of an idea or a proposal for the President in this historical hour unity, while permanent solution of the that could help the cause of peace. It is while we remain united·behind him.