1963 CONGRESSIONAL RECORD - SENATE 11253 By Mrs. DWYER: ._ , . By Mr. OLIVER P. BOLTON: DESIGNATION OF ACTING PRESI · H.R. 7160. A bill to provide for periOdic H.J. Res. 494. Joint resolution providing congressional review· of Federal grants-in-aid for the recognition of ·the 60th anniversary. DENT PRO TEMPORE to States and to local units of government; of the American Society for Metals; to the The legislative clerk read the follow to the Committee on Government Operations. Committee on the Judiciary. ing letter: By Mr. GIAIMO: . By Mr. ST. ONGE: U.S. SENATE, H.R. 7161. A bill to amend Public Law 87- H.J'. Res. 495. · Joint resolution proposing PRESIDENT PRO TEMPORE, 276, so as to extend its provisions for 8 addi an amendment to the Constitution of the Washington, D.C., June 20, 1963. tional years, to expand the program under United States relative to equal rights for men To the Senate: that act to provide for the training of and women; to the Committee on the Ju Being temporarily absent from the Senate, teachers of all exceptional children, and for diciary. I appoint Hon. BmcH BAYH, a Senator from other purposes; to the Commitee on Educa the State of Indiana, to perform the duties of tion and Labor. the Chair during my absence. By Mr. GILBERT: . PRIVATE BILLS AND RESOLUTIONS CARL HAYDEN, H.R. 7162. A bill providing for the reduc President pro tempore. tion of the basis of representation of States Under clause 1 of rule xxn, private denying or abridging the right of its citizens bills and resolutions were introduced and Mr. BAYH thereupon took the chair as to vote, and for other purposes; to the Com- severally referred as follows: Act~ng President pro tempore. mittee on the Judiciary. · H.R. 7168. A bill to provide that the repre By Mr. CONTE: sentation in the House of Representatives of H.R. 7173. A bill for the relief of Chung THE JOURNAL each of the several States shall be reduced in Liang Huang; to the Committee on the proportion to the number of adult in}labi Judiciary. · On request of Mr. ·HUMPHREY, and by tants of such State whose right to vote is By Mr. DEROUNIAN: unanimous consent, the reading of the denied or abridged; to the Committee on H.R. 7174. A bill for the relief of Epifania Journal of the proceedings of Wednes the Judiciary. F. Gamoa; to the Committee on the Judici day, June 19, 1963, was dispensed with. By Mr. GRAY: ary. H.R. 7164. A bill to provide for the expan H.R. 7175. A bill for the relief of Josefina sion of the Mound City National Cemetery; A. Villanueva; to the Committee on the MESSAGE FROM THE HOUSE to the Committee on Interior and Insular Judiciary. Affairs. H.R. 7176. A bill for the relief of Oscar V. A message from the House of Repre By Mrs. HANSEN: Johnson; to the Committee on the Judiciary. sentatives, by Mr. Hackney, one of its H.R. 7165. A bill relating to domestically By Mr. MATSUNAGA: reading clerks, announced that the prOduced fishery products; to the Commit H.R. 7177. A bill for the relief of (Charles) House had passed the f ollowin·g bill and tee on Agriculture . . Chang Kee Hong, his wife, Kerm Soon Hahm joint resolution, in which it requested the By Mr. HORAN: (Hong), and their minor daughters Mi concurrence of the Senate: H.R. 7166. A bill to provide for the closing Young Hong, Sun Young Hong, and Bo H.R. 4347. An act to limit the authority of of the roll of the Confederated Tribes of the Young Hong; to the Committee on t'1e Colville Indian Reservation preparatory to the Veterans• Administration and the Bu Judiciary. reau of the Budget with respect to new con submission of proposed ~egislation for the By Mr. POWELL: termination of Federal supervision over the struction or alteration of veterans' hospitals; property and affairs of the Confederated H.R. 7178. A bill for the relief of William and Tribes and their members, and for other O'Connor Swainson; to the Committee on H.J. Res. 247. Joint resolution to suspend purposes: to the Committee on Interior and tlie Judiciary. for the 1964 campaign the equal opportunity Insular Affairs. requirements of section 315 of the Communi By Mr. HORTON: . •• ..... • • cations Act of 1934 for legally qualified candi H.R. 7167. A bill .to amend the Internal dates for the offices of President and Vice Revenue Code of 1954 to provide an addi President. · tional income tax exemption for a taxpayer SENATE or spouse who has had a laryngectomy; to ENROLLED BILLS AND JOINT the Committee on Ways and Means. THURSDAY, JUNE 20, 1963 RESOLUTION SIGNED By Mr. KYL: The Senate met at 12 o'clock meridian, H.R. 7168. A bill to save the taxpayers large The message also announced that the and was called to order by Hon. BIRCH sums in taxes by providing that the District Speaker had affixed his signature to the of Columbia may receive noncash grant-in BAYH, a Senator from the State of In aid credits for urban renewal projects only diana. following enrolled bills and joint resolu on the same basis as other municipalities, tion, and they were signed by the· Acting The Chaplain, Rev. Frederick Brown President pro tempore: and by requiring that housing (including Harris, D.D., offered the following both residential and commercial structures) prayer: H.R. 181. An act to provide for the renewal in urban renewal project areas which is in of certain municipal, domestic, and indus goOd condition, or which can be rehabili Eternal Spirit, who in the perspective trial water supply contracts entered into un tated or restored to good condition, shall not of the long years, in spite of man's der the Reclamation Project Act of 1939, and be demolished or included by the District of blundering, dost bring forth Thy right for other purposes; Columbia Redevelopment Land Agency in H.R. 8574. An act to provide for the With the acquisition and assembling of the real eousness as the light and Thy judgments drawal and reservation for the use of the De property in such areas; to the Committee on as the noonday: As servants of the pub partment of the Air Force of certain public the District of Columbia. lic weal, we pause amid draining de lands of the United States at Cuddeback Lake By Mr. MILLER of California: mands to acknowledge Thy sovereignty ~ir Force Range, Calif., for defense purposes;· H.R. 7169. A bill to amend the Internal and to pray for courage to attempt, and Revenue COde of 1954 so as to exempt from power to achieve, and patience to en H.J. Res. 180. Joint resolution to authorize tax musical instruments sold to students for dure. the continued use of certain lands within the school use: to the Committee on Ways and Sequoia National Park by portions of an ex Means. In this temple of a free people's will, isting hydroelectric project. By Mr. RIVERS of Alaska: wilt Thou guide with the spirit of under H.R. 7170. A bill to amend the Alaska standing these public servants-the few Public Works Act to authorize the Secretary among the many-lifted by their fellows HOUSE BILL AND JOINT RESOLU of the Interior to collect, compromise, or re to high pedestals of commanding in TION REFERRED lease certain claims held by him under that fluence. act; to the Committee on Interior and Insu-· The following bill and joint resolu lar Affairs. By their words and counsel may they tion were each read twice by their titles By Mr. WHITTEN: bring healing for the open sores of the and referred as indicated: H.R. 7171. A bill to provide assistance to Nation and of the world. H.R. 4347. An act to limit the authority certain States bordering the Mississippi River Forbid that when radiant human of the Veterans' Administration and the in the construction of the Great River Road; hopes are flaming in the skies, we should Bureau of the Budget with respect to new to the Committee on Public Works. be blinded by the smoke of our own construction or alteration of veterans' hos By Mr. WYDLER: campfires. Save us from giving our pitals; to the Committee on Labor and Pub H.R. 7172. A bill to amend section 208(k) selves to the dead past, rather than to lic Welfare. of the Federal Property and Administrative H.J. Res. 247. Joint resolution to suspend Services Act of 1949, as amended, and for the living future. for the 1964 campaign· the equal opportunity other purposes; to the Committee on Govern We ask it in the name of the Christ, requirements of section 315 of the Commu ment Operations. whose truth is marching on. Amen. nications Act of 1934 for legally qualified 11254 CONGRESSIONAL RECORD-SENATE June 20 candidates for the ofllces of President and BILLS lNTRODUCED subject, the Senator from Oregon [Mr. Vice Presldent; to the Committee on Com MORSE] and I deemed it. proper to submit merce. Bills were introduced, read the first time, and, by unanimous consent, the a sense resolution on the subject second time, and referred aS' follows: I. submit also an amendment ~ the LIMITATION OP STATEMENTS Foreign Assistance .Act. The amend By Mr. W!LgAMS of Delaware (for ment is sponsored by myself together DURING MORNING HOUR himself and Mr. BOGGS) : S.176?. A blll to authorize the Admin with Senators MOJtSE, CASE. SCOTT, On request of Mr. HUMPHREY, and by istrator of General Services to convey a KUCHEL, and SALTONSTALL. The amend unanimous consent, statements during certain parcel of land to the State of Dela ment. would bar assistance to any country the morning hour were ordered limited ware, and for other purposes; to the ·Com which would be enabled thereby t;o take to 3 minutes. mittee on Government Operations. aggressive action against other countries By Mr. MONRONEY: also receiving U.S. aid, unless the Presi S. 175~. A bill for the relief or Lt. Robert C. dent reports to the Congress that the COMMITTEE MEETING DURING Gibson~ to the Committee on the Judiciary. restriction should be waived in the na SENATE SESSION tional interest. On request of Mr. HUMPHREY, and by CONCURRENT RESOLUTION I understand fully-perhaps as well as unanimous consent, the Subcommittee FAVORING THE SUSPENSION OR any Senator-the thrust of our foreign on Air and Water Pollution of the Com aid program. I have fought f.or it since WITHHOLDING OF FOREIGN AS I was first in the other body in 1948 and mittee on Public Works was authorized. SISTANCE IN CERTAIN CASES to meet during the session of the Senate 1949. today. Mr. JAVITS (for himself and Mr. One of our strongest weapons in help MORSE) submitted a concurrent resolu ing the developing nations of the world tion CS. Con. Res. 50) favoring the t.o security and independence on the side REPORTS OF COMMITI'EES suspension or withholding of foreign as of the free world 1s the Foreign Assist sistance from countries engaging 1n ac ance Act and Public Law 480. These The following reports· of committees are the means by which we can effective were submitted: tivities which endanger the security and independence of the United States or ly resist Communist in:flltration and ag By Mr. BYRD of Virginia, from the Com o.ther countries receivi:ng such aid, which gression and turn· back its inroads into mittee on Finance, without amendment: the position of the free world. H.R. 6755. An ~ to pro-Yide a 1-year ex was referred to the Committee on For tension of the elxsting corporate normal eign Relations. But while we focus on.this important tax rate and of certain excise tax rates (See the above concU1Tent resolution goal, we should not minimize or ignore (Rept. No. 281). printed In full when submitted by Mr. the actions. of those nations which may By Mr. JOHNSTON (fo:r Mr. EASTLAND), JAVITs. which appears under a separate misuse our funds to strengthen their hos from the Committee on Agriculture and For heading.) tile acts,against other cowitries whom we estry, without amendment: are also assisting. S. 51. A blll to authorize· the Secreta.ry of It has become evident that we can no Agriculture to relinquish to the State of RESOLUTION longer give unconditional assistance to Wyoming jurisdiction over those lands with AMENDMENT BY GENERAL ASSEM foreign governments which use it to ·de in the Medicine Bow National Forest known as the Pole Mountain District (Rept. No. BLY OF THE UNITED NATIONS OF velop a military potential which threat 282)~ and STATUTE' OF THE INTERNA ens the basic objective of our policy. We S. 1388. A bill to add certain lands to the TIONAL COURT OF JUSTICE cannot succeed in our effort for peace in a free world if we continue to assist Cache National Forest, Utah (Rept. No. 283). Mr. LONG of Louisiana submitted a By Mr. JOHNSTON, from the Committee those whose actions undermine it. on Agriculture and Forestry, without amend resolution (S. Res. 166) favoring amend The misuse of-our aid by the United ment: ment by the General Assembly of the Arab Republic has given documentation S. 400. A · bill to establish penalties for United Nations of the Statute of the to the need for legislation in this area. misuse of feed made ava.lla.ble for relieving International Court of Justice. which In recent months tension in the Middle distress or preservation and maJ.ntenance of was referred to the Committee on For East has been considerably increased by foundation herds (Rept. No. 284). eign Relations. huge SOviet,.bloc arms shipments to the By Mr. HOLLAND, from the Committee (See the above resolution printed in on Agriculture and Forestry, without amend United Arab Republic and by the coun full when submitted by Mr. LoNG of try's aggressive acts against other coun ment: Louisiana, which appears under a sep S. 582. A bill to extend for 2 years the arate heading.) tries in that region. Revolution in definition of "peanuts" whtch is now in ef Yemen, riots in Jordan, and anti-Govern fect under the Agricultural Adjustment Act ment demonstrations. in Iran axe among of 1938, as a.mended (Rept. No. 285). WITHHOLDING OF FOREIGN AID AS the hostile acts for which the United By Mr. HOLLAND, from the Committee Arab Republic is responsible. on Agriculture and Forestry, with amend SISTANCE IF FUNDS ARE USED TO SUPPORT HOSTILE AGGRESSIVE. Egypt's. principal croP--long staple ments: cotton-has been mortgaged to the· So S ~58I. A bill to amend the Agricultm:al ACTION AGAINST ANOTHER viet-bloc countries t.o obtain expensive Adjustment Act of 1938 to extend for 2 ad COUNTRY-AMENDMENT TO FOR ditional years the present provisions per modern weapons. This cotton could mitting the. lease and transfer of tobacco EIGN ASSISTANCE ACT have contributed substantially toward acreage allotments (Rept. No. 286). Mr. JAVITS. Mr. President, on behalf providing the food and housing and By Mr. JORDAN of North Carolina, from of myself and the Senat.or from Oregon higher living standards which are needed the Committee on Agriculture and Forestry, [Mr. MORSE} I submit a concurrent reso by Egypt's millions of underprivileged without amendment: lution expressing the sense of Congress people. The military establishment of S. 623. A bill to provide for a program of that the President suspend or withhold Egypt has undergone vast changes since agricultural land development in the State 1956 of Alaska (Rept. No. 287); and foreign aid assistance from any country: and by not placing conditions on H.R. 40. An act to assist the States to if he determines that the country is us our massive aid program to the United provide additional facilities for research at ing the aid it receives, either directly or Arab Republic we are in effect aiding the State agricultural experiment stations indirectly, t.o support hostile aggressive and abetting Nasser's war machine. ( Rept. No. 288) • action against another country also re I feel it necessary that we condition By Mr. JACKSON,,. from the Committee on ceiving assistance under the act. our aid on actions which will maintain Interior and Insular Affairs, with an amend Mr. President, the concU1Tent resolu the peace and will not endanger the ment: tion is directed to the debate which we security of others. We must give the S. 1039. A bill to authorize the Secretary in of the Interior to acquire through exchange had on the :floor of the Senate. some President maximum :flexibility these the Great Palls property in the State of Vir days. ago relating to the situation be delicate areas,_but ·at the same time we ginia for administration in connection with tween tbe United Art1,b Republic and Is cannot allpw the aims and objectives of the George Washingt.on Memorial Parkway, rael. As I shall be testifying before the Uie Foreign Assistance Act to be negated and for other purposes (Rept. No. 289). Committee. on Foreign Relations on this by any potentia~ hostile force. 1963 CONGRESSIONAL RECORD - SENATE 11255 We cannot be mawkish about foreign nations, without undue surrender of their At the present time, of the 110 member aid, much as we realize its fine char sovereignty. · · states of the United Nations, less· than 40 acter. It thwarts and distorts the fine This plan was devised by Eberhard P. have any declaration of record at all of character if we allow it to be misused in Deutsch, a nationally known New Or adherence to the International Court of this way. leans lawyer and student of, and writer Justice, and of these, only 2 or 3 are en My colleague from New York [Mr. on, international law, who was for many tirely unconditional. KEATING] I understand is similarly years a member, and is presently chair It must be conceded, Mr. President, minded in this area. I hope that we can man, of the American Bar Association's that the majority of nations of the world join together with others in a real effort Standing Committee on Peace and Law have withheld their declarations of ad to include these limiting provisions in · through United Nations. Mr. Deutsch's herence from the Court altogether, and the foreign aid act. plan is described by him in the leading that almost all of the remainder have The ACTING PRESIDENT pro tem article of the current issue of the Ameri withheld their unconditional declara pore. The concurrent resolution and the can Bar Association Journal. I request tions, for three principal reasons. amendment will be received and appro unanimous consent to have this article First, most nations have hesitated to priately referred. reprinted in the RECORD at the conclu agree in advance to submit their impor The concurrent resolution (S. Con. sion of my remarks. tant international interests to the Court Res. 50) was referred to the Committee The ACTING PRESIDENT pro tem for adjudication-as stated by Professor on Foreign Relations, as follows: pore. Without objection, it is so ordered. Lauterpacht, later Judge Sir Hersch (See exhibit 1.) Resolved, by the Senate (the House of Rep Lauterpacht of the International Court resentatives concurring), That it is the sense Mr. LONG of Louisiana. I also ask of Justice-"in the apprehension that it . o! the Congress that the President shall sus that an article which appeared in the would be dangerous to expose such inter pend or withhold assistance from any coun Pittsburgh Post-Gazette, dated Thurs ests to the risks of decision by judges try, organization or body eligible to receive day, May 2, 1963, indicating that the whose impartiality is regarded as prob assistance under the Foreign Assistance Act Soviet Union might be disposed to go lematical." o! 1961 and under the Agricultural Trade along with this proposal, be printed at Second, there has been an understand Development and Assistance Act if he deter the conclusion of my remarks. mines that such country, organization or able reluctance on the part of the so body will be enabled thereby to utilize its The ACTING PRESIDENT pro tem called great powers, to surrender their own resources to further military aggres pore. Without objection, it is so ordered. sovereignties to the extent apparently sion, subversion or other hostile acts which (See exhibit 2.) necessary for unconditional submission endanger the security and independence of Mr. LONG of Louisiana. Mr. Presi to compulsory jurisdiction of any inter the United States or other countries receiv dent, for several years I have insisted national tribunal: ing aid under such Acts. upon retention of the Connally reserva Third and finally, there has been an The amendment submitted by Mr. tion to the statute of the International especially marked unwillingness of all JAVITS (for himself, Mr. MORSE, Mr. CASE, Court of Justice. During this period, I nations to entrust a mere majority of a Mr. SCOTT, Mr. SALTONSTALL, and Mr. have worked with Mr. Deutsch in- the quorum of an international court, with KUCHEL) to the bill (S. 1276) to amend formulation of his plan for reconstitu the power to determine whether a matter further the Foreign Assistance Act of tion of that Court, and have studied his which a state considers to lie exclu 1961, as amended, and for other pur final plan carefully. It does not con sively within its own domestic jurisdic poses, was referred to the Committee on template repeal of the Connally reserva tion, falls within the scope of permissible Foreign Relations, and ordered to be tion, but will meet the problem in a dif international adjudication. printed, as follows: ferent fashion when, as, and if the new For some years, Mr. President, as I That Section 620 of the Foreign Assist plan should be adopted and ratified by have stated, Mr. Deutsch has been en ance Act of 1961, as amended, is amended by two-thirds of the members of the United gaged in preparation of his plan, which adding at the end of Section 620 a new sub · Nations, including all of the permanent provides for reconstitution of the Inter section as follows : members of the Security Council. national Court of Justice so that it will "(1) Notwithstanding any other provi Suffice it to say for the moment, Mr. be composed of disinterested judges, will sion of law, no assistance shall be furnished President, that my study of Mr. have compulsory jurisdiction over all under this Act, as amended, or under the Deutsch's plan has convinced me that justiciable international controversies Agricultural Trade Development and Assist it should be entirely acceptable the ance Act to any country, government agency to among nations, and may confidently be or government subdivision which will be en United States, and that, under its pro trusted to deny its own right to adjudi abled thereby to utilize its own resources to visions, the International Court of Jus cate domestic issues, all without undue further military aggression, subversion or tice can become a realistically effective surrender of sovereignty on the part of other hostile acts which endanger the secu instrumentality for the preservation and _any State. rity and independence of the United States maintenance of world peace through the Reconstitution of the Court can be ac or other countries receiving aid under this rule of law. complished only by amendment of its Act. This restriction may not be waived Ever since the beginning of the 20th pursuant to any authority contained in this statute, which requires "a vote of two Act unless the President finds and promptly -century, in the search for world peace, thirds of the members of the General .reports to the Congress that such waiver is currents which started in the early 14th Assembly" of the United Nations, and in the national security interest and the rea century have been surging toward a ratification, "in accordance with their sons therefor." permanent international tribunal for constitutional processes by two-thirds of effective adjudication of disputes among the members of the United Nations, in nations. cluding all the permanent members of PROPOSED AMENDMENT BY GEN Neither the permanent Cow·t of Inter the Security Council." ERAL ASSEMBLY OF UNITED NA national Justice, established in 1922 un My resolution proposes that the Senate TIONS OF THE STATUTE OF THE der the Covenant of the League of request the President of the United INTERNATIONAL COURT OF JUS Nations, nor the International Court of States to instruct .this country's repre Justice, founded in 1945 under the Char sentative to the United Nations to offer TICE ter of the United Nations, has really in our behalf to the United Nations for Mr. LONG of Louisiana. Mr. Presi achieved any definitive progress toward its consideration a · complete new text dent, I am submitting today a resolution permanent peace. for the Statute of the International so far reaching in its scope that it could The frustration pf purpose of these Court of Justice. A draft of this new result in one ·of the greatest strides ever tribunals can be traced at once to the statute is annexed to the resolution, and taken toward a lasting world peace. fact that their jurisdiction has been de I ask unanimous consent to have-them This resolution would request the pendent on consent of the litigants, printed in the RECORD immediately fol President of the United States to instruct which might be withheld altogether, or lowing my remarks. our representative at the United Nations might be given subject to crippling res Mr. President, briefly, and in broad to introduce in the General Assembly a ervations, such as our own Connally res outline, this plan for reconstitution of plan to be.sponsored by the United States ervation, under which our acceptance of the International Court of Justice, pro of America for reconstitution of the In the jurisdiction of the -Court· excludes vides that: ternational Court of Justice, to give ft such matters as we ourselves consider to First. The judges of the Cow·t are to uniform compulsory jurisdiction over all lie within our own domestic sphere. be appointed for life, and that they and 11256 CONGRESSIONAL RECORD - ·SENATE June 20 their wives or husbands are to become · -Court only conditionally, and many· have "2-The Court shall consist of fifteen citizens of the United Nations with diplo not declared their recognition of such Juris membersr·no one of whom,shall, at the time diction at all, as contemplated under Arti of his election, be lees than fifty-three nor matic immunities in all countries. cle 36 of the Statute; more than sixty-eight years of age, and no Second. A plea to jurisdiction of the two of whom shall have been of the same Court on the ground that the controversy Recognizing that, national origin. A person who, for purposes under consideration is one within the By reason of non-acceptance of compul of membership on the Court, could be re domestic jurisdiction of the State mak sory jurisdiction of the Court, by many na garded as a national of more than one State, tions, and conditional acceptance thereof shall be deemed to be a national of that ing the plea, could be overruled only by by many others, the effectiveness of the concurrence of 10 judges--two-thirds of one· in which he ordinarily exercises civil Court has been hindered, both directly and and political rights. the entire membership of the Court. indirectly, through application of the prin Third. The right of a permanent mem ciple of reciprocity requiring the placing of "Article III ber of the Security Council to veto a de parties in a position of equality before the "Election of Judges cision of that body as to enforcement of Court; "1-The members of the Court shall be a decree of the Court on appeal to the Believing that elected for life, by the General Assembly and Council, would be recognized expressly. Such non-acceptance and conditional ac the Security Council, from a list of persons Fourth. Reserva.tions would not be al ceptances have been based on doubts as to nominated by the members of the United the impartiality of an international court Nations, all as provided hereunder. lowed in ratifications of the statute, "2-The members of the Court, serving as which would give the Court uniform composed of Judges with national allegiances serving for limited terms, fear of adjugica such upon ratification of the present revised compulsory jurisdiction under its terms tion of inherently domestic issues on the Statute, shall be deemed to have oeen elected as written, over all members of the assumption that they lose their character for life under the terms of the present re United Nations. as such simply because they affect inter vised Statute, with tenure for determina- Mr. President, I am entirely satisfied national relations, and uncertainty as to . tion of their retirement pensions, as of the that in order for any plan for a perma the wisdom of compulsory submission to ·date of their original election to member- nent international tribunal to be really determination, by such a Judicial tribunal, ship on the Court. . effective, there must sooner or later also of compulsory submission to determination, "3-Promptly following the occurrence of by such a judicial tribunal, of rights and any vacancy in the membership of the be an effective plan for universal dis liabilities of nations vis-a-vis each other and Court, or in anticipation of a forthcoming armament, which I concede can neither the United Nations, rather than by diplo vacancy to occur by resignation or retire be accomplished nor maintained realisti matic negotiation, with possible ultimate ment, the Secretary-General of the United cally except subject to effective interna resort to force; Nations shall invite each of the members of tional controls. the General Assembly to nominate, within Nevertheless, Mr. President, it is my Remembering that thirty days, for each such vacancy, not more The principal purpose o! the United Na than two persons of any nationality, quali firm conviction that the proposed re tions is the maintenance of international fied, and in a . position, to serve as members vised statute for reconstitution of the peace and security, and to that end to take of the Court. International Court of Justice will go far effective collective measures for the preven "4-:-The Secretary-General shall prepare toward attainment of the ''Purposes and tion and removal of threats to the peace, and a list, in alphabetical order, of all of the principles" of the United Nations, as ex for the suppression of acts of aggression or persons so nominated, and shall submit this pressed in the first article of the charter, other breaches of the peace, and to bring list to the General Assembly and to the about by peaceful means, and in conformity Security Council, which bodies shall proceed, for "prevention and removal of threats with the principles of justice and interna to the peace," through "adjustment or independently of one another, to elect a tional law, ·adjustment or settlement of in member of the Court to fill each vacancy settlement of international disputes" in ternational disputes or situations which thereon. ·. · "conformity with the principles of jus might lead to a breach of the peace; and "5-At each election to membership on tice and international law." Convinced that the Court, every effort shall be made to re Mr. President, I accordingly submit Threats to world peace may be removed, flect in the Court as a whole, a composite the proposed resolution, to which -is at and that permanent peace may be achieved ·of the principal civilizations and legal sys tached a draft resolution for introduc within a framework of the principles of jus tems of the world. tion · in the General Assembly of the tice and international law, by amending the . "6--The nominee or nominees, equal in · United Nations, with a copy of the draft statute of the International .Court of Justice number to the vacancy or vacancies to be to eliminate the possibility of the influence filled, obtaining the greatest number of votes, revised statute of the International of national interests therefrom, by minimiz and not less than a majority of the votes Court of Justice to effect the proposed ing the possibility of adjudication of inher cast in both the Security Council and the reconstitution of the tribunal; and ask ently domestic issues therein, and by provid General Assembly, shall be elected; provided the resolution be referred to the Foreign ing that the jurisdiction of the Court shall that only the eldest among nominees who Relations Committee for consideration. be uniform and compulsory as to interna are nationals of the same State, and who The ACTING PRESIDENT pro tem tional disputes among all members of the may have received such number of votes, pore. The resolution will be received United Nations, each to stand as to every shall be considered to have been so elected. and appropriately referred; and, with other in a position of equality before the "7-If, after the first meeting held for Court: such election, one or more seats remain to out objection, the resolution, the draft We, the members of the United Nations, be filled, a second and, if necessary, a third resolution, and the draft revised statute do now amend the Statute of the Interna meeting shall take place. will be printed in the RECORD. tional Court of Justice, adopted in 1945, to "8-If, after the third meeting, .one or The resolution lfshed and sources of the honors and preferments for withheld their declarations- of adherence maintained except by an impartial tribunal which they are so: ready t.o spend their for altogether or their unconditional adheFences that is composed of judges owing no na.. tunes and to risk. their Uves:• for three principal :reasons.. tfonal allegiances and that is bound scrupu As' early as 1920 JWneitcil:0 Ada.tel, a dis. First, most. countries seem to have hesi lously to avoid determination of any but tinguish.ed international scholar and diplo tated to submit their important. inter genuinely international issues among na mat and. a member of the- E,ommittee of na.tional problems to judges whose- skong tions in positions o! absolute equality fn the Jurists. which drafted the: Statute of the national allegiances may divert their. judg assertion of their rights before the. Court.. Permanent Court of" International Justice, ments from. disinterest_ to expediency. As The pian discussed herein for rec.onatitu whose President he Wa.8' destined ta, become, stated in 1933 by Prof. Hersch Lauterpa.cht, tfon Of the International Cour.t. of Justic_e,. expresse.d the view that, the Jud~s of that-. later a judge of the International Court- of under which.. the Cow:t is. to have compul Court should be required on appointment to Justice, "the real difficulty lies nat in the_ sory jurisdiction.. without i:ese:r.vations, over "deify themselves," a. status, w.hich he sug ability of international. law to pro.tect im all member states o! the United Nations, gested might- be. achieved by means of their portant interests of. states, but in the appre will strengthen the a.uth.ority of. the Comt. internationalization. hension that it would be dangerous.. to ex while removing from it (as far. as it can In 192S. .Iudge: Edwin B. Parker~ of the pose. such interests. to the risks of a._ decision humanly be done) every· \!estige of possible United, States, was appointed... umpire. ot the· by judges whose impartialit.:y: is, regarded as partiality of its judges, and prohibiting_ its Milced Claims Commission to a.djudi~ate problematical." assumption of jurisdiction. over domestic or cl.aim~. between, the United. States and Ger Second, there has.. been an understand.ab-le quasi-international issues;, and.. will involve many. Shortly after- Judge Parker's: death. reluctance on the pa.rt of. the s.o-called. great no s.urr_ender of. sovereignty, except to the in 1929. Prof. Edwin M. Borchard, of- the - powers to surrender their sovereigntie_s to bare extent of submission to the decreta.l School of Law of Yale University, wrote of the extent, apparently necessary !or uncon. jurisdiction. of the Court. him in the American Journal of Interna ditional submission to compulsory jurisdic- PLAN REQUIRES. AMENDMENT OF STATUTE tional Law ·that he "earlymadeit clear that" tion of. an.international eo:urt. · in. his official capacity "he. regarded himself Finally. there has been an es.pecially Reconstitution of. the International Court can be accomplished o~y by amendment of as denationalized." marked unwillingness o:r all_ nations to. en_; STATISTICS SHOW BIAS\ OF NATIONAr. .JiUDGES trust to a. mei:e majority of a quorum of an. the statute of the Court, which requires "a international tribunal the power to deter- · voee of two-thirds' of the members of the Some interesting- ·statistics on inherent General Assembly~'" and rattficatfon "in ac mine wbcth.er matters. which. a._ state cansfd prefudlces- · of national judges of the ers to lie: within.. Us. domestie furisdiction cordance with thefr constitutional processes· Permanent Court of ·International Justice rarr within: the. scope o! permissible inter- · by two-thirds-- of the members o! the Uhited were gathered by ProfPss .o?' Lauterpacht and national a.djuclicatfon. · Nations. incfuding, all the permanent mem published in 1933 in "Functtnn or Law in the bers· of- the, Security Council. .., It is apparent - Internatl:onal Commw1fty..'" after due: "con PLAN' FOB KECONS'HTO'T:ED COURT IS DISCUSSED that any proposed reconstitution or- the Ih sideration· of the expedlencr ·amt a_ppro-: Fo.r some ~rs:. the. write!" -has- llad under, ternational Court, in order to be acceptable priatenes1r of this' nne o-r in vestrgatlon. ,.. He intensive study and has now brought to to all governments, must be so devised as to found "that in no case have national (ad 1963 CONGRESSIONAL RECORD-· SENATE 11261 hoc) judges voted against their state,!' a It 1s proposed accordingly that the Judges of judges are . broadened considerably under circumstance which "cannot be regarded a.a in office at the time of amendment of the the proposed statute. a mere coincidence," but was on the contrary statute as suggested be automatically re•. Any member of the Court may at any time "profoundly disturbing," particularly in tained in office for life under the terms of request that he be recused for any reason light of the fact that in several cases the the new statute. · fr!)m participating in a cause. Any member dissenting opinions of national Judges were Life tenure of the Judges under the pro may suggest that for any reason any other "delivered against the unanimous or practi posed amended statute wlll minimize the member of the Court should not sit in a cally unanimous view of the Court." necessity for revision of the present sub particular case and any party may suggest More recent statistical data disclose that stantive method of filling vacancies on the to the Court that for a stated reason any on 12 occasions from 1922 to 1960 a national court. Instead of election of five judges en member should not sit. judge-ordinarily a judge ad hoc-has formed bloc .every 3 years as at present, elections In the event of a dispute as to whether a a minority of one on the side of his own will take place only to fill vacancies and judge should be allowed or required to re country-a. "coincidence" even more "pro rarely for more than a single Judgeship. cuse himself from participation in hearing foundly disturbing." Election of one or possibly more, but cer and determination of a cause, the matter is Professor Lauterpacht had concluded in tainly fewer than five, judges may neverthe to be decided by the Court, but the Judge 1933 that the indispensable impartiality of less give rise to national or regional aline whose recusatton is under consideration is the judges of any permanent international ments and difficulties in securing majorities, not to participate in this decision. tribunal "presupposes on their part the con especially perhaps, in light of the recent The provision of the present statute for a sciousness of being citizens of the world." radically increased membership of the United quorum of 9 Judges to constitute the Court To this end, it is proposed in the new Nations. Under these circumstances it is ts retained subject to its provision-to which revised statute that ea.ch judge ·of the Inter advisable to modify the present election ma further reference will be made hereunder national Court of Justice be required to chinery to establish a simplified procedure, that a full Court of 16 Judges must sit for renounce his nationality upon his accession somewhat along the lines of such a change hearing and determination of any question and be deemed to have become a citizen of as has been suggested for election by plurali as to the Jurisdiction of the Court over any the United Nations for life, with diploma.tic ties to avoid any possible impasse in achiev- proceeding before it. status in very country of the world. It is ing bloc majorities. ' CHANGE IN PROVISIONS ON AD HOC .JUDGES proposed also that the spouse of ea.ch judge Vacancies would then simply be filled by The present statute of the International be presumed to have renounced her (or his) election as heretofore by the Security Coun Court of Justice provides, as did the statute nationality upon the judge's accession and cil and General Assembly, without right of of the Permanent Court, that if the panel of be deemed also to have become a citizen veto, from nominations which each nation the Court does not include a national of a of the United Nations, with correlative would be privileged to make directly. But party to a case before it, the party ( or both worldwide immunities, for the life of the election would be by plurality among nomi parties, if there is no national of either judge. The spouse would be considered to n~es receiving a majority of votes ca.st in on the bench) may designate a Judge (or have retained United Nations citizenship for both bodies, without the necessity of "ab Judges) ad hoc to sit with the Court and to 2 years after the death of the Judge, being solute majorities" of entire memberships. "take part in the decision on terms of com eligible for and obligated to take citizenship If Judges are to have life tenure it is ad plete equa.Uty with their colleagues." in any country of her choice on loss of visable to fix age limits for nominees for There is no present provision for appoint United Nations citizenship. judgeships. Absolutism or relative statisti ment of Judges ad hoc to meet other contin The United Nations, however, is not itself cal certainty of result in setting age limits gencies, such as the absence of a quorum, a state. It accordingly has no domestic laws for Judges are impossible of attainment; but it being provided in the rules of the Court for the government of matters of personal it is suggested as a fair basis for assuring that Judges ad hoc "shall not be taken into status, rights, and liabi11ties of members of adequate maturity with full physical and account for the calculation of a quorum" the court and their wives-such as marital mental vigor that Judges be between the ages and that, in the absence of a quorum, a ses community, devolution and inheritance and of 53 and 68 when elected. sion is simply to be adjourned "until a capacity to contract and innumerable similar Article 18 of the original statute of the quorum has been obtained." relationships, rights and liab111ties. Court provides that "no member of the Court While the present statute contains no To fill this gap, it is proposed that ea.ch may be dismissed unless, in the unanimous requirement that a Judge ad hoc be of the judge and his spouse are to be deemed to opinion of the other members, he has ceased nationality of the appointing party, judges have their national domicile at the seat of to fulfill the required conditions." It has not ad hoc have been nationals or the states by the court and each retired judge and his been necessary to test whether this provi which they were appointed, except on rare spouse, as long as they may be deemed to be sion is sufficient, since the present limited occasions. This has been the inevitable citizens of the United Nations as provided in 9-yea.r term gives some assurance of ulti consequence of the premise that the very the statute, are to be considered to have their mate control by the Genera.I Assembly and purpose of the provisions for designation national domicile at the judge's permanent the Security Council. of Judges ad hoc ts to place representatives residence. This is to apply in each case in But in view of the proposed life tenure of the parties themselves on the bench for sofar as but no further than their personal under the new statute, it is preferable to determination of a particular case. status, rights and liabilities may not be provide that a Judge may be dismissed, on On the other hand, the whole idea of na defined by their United Nations citizenship. impeachment by a majority of the General tional judges is completely foreign to the LD'E APPOINTMENT FOR JUDGES PROPOSED Assembly, by a vote of two-thirds of the basic concept of the proposed new statute, As a concomitant of the suggested inter members of the Security Council, without under which there will be no national judges nationalization of Judges, it is proposed that right of veto. Dismissal of a Judge wlll carry at all; so no need is recognized for national their election be for life (with certain retire with it loss of United Nations citizenship for judges ad hoc. Only when a.ddtttona.l judges ment privileges and requirements), instead himself and his spouse, With automatic re a.re required to complete a quorum or to of for 9 years in overlapping groups of five as version to their citizenship at the time of his break a tie wtll there be any need for judges under the present statute. As further as election, and loss of emoluments of office and ad hoc. Then they are not to be designed surance of the independence of the judges, pension rights. by the parties and may not be nattonals the proposed statute retains the provisions of The new statute provides, as does the pres of the countries litigant. · the original statute that the salaries and ent, that a Judge may resign at any time, It is therefore simply provided in the except that it is now proposed that a judge proposed statute that whenever there is an allowances of judges may not be decreased insufficient number of judges to constitute during their tenure and remain free of any may not resign whlle he is under impeach ment. On resignation the judge forfeits the .bench, or the judges a.re equally divided and all taxation: in their votes as to decision of a case, the Under the proposed statute the Court United Nations citizenship of himself and his spouse. They wlll be eligible for and must Court itself is to designate a judge or judges would remain at 16 members, there being no within 6 months take citizenship in a State ad hoc from retired judges Willing and able apparent reason for any change in their of their choice. to serve or from persons, not of the nation number. It is proposed that Judges shall have the ality of any party to the ca.use, theretofore Much has been said and written about the right to retire at any time after reaching 70 nominated for judgeships .on, but not elected possibility of retrograding the caliber of the and that they shall be retired automatically to the Court. Court through the provisions for election of ' at 76. On retirement the judge is to receive Like the present statute, the new statute its members in groups for fixed terms, as for life his full salary if he has served 10 requires that all questions before the Court under the present statute, but it has never years or more, or a ratable portion if he has or any chamber thereof ( except as to been suggested that any of the present mem served less than 10 years at the time of his whether the Court may exercise jurisdiction bers of the Court leave anything to be desired retirement. over a proceeding against a contention that in individual scholarly attainments in inter its subject matter is essentially within the national law and in absolute personal and REQUIRED RECUSATION PROVISIONS ARE domestic jurisdiction of a state party to judicial integrity. With the possible excep BROADENED the ca.use) are to be decided by a majority tion of a suggestion of a moderate Latin As an added safeguard to the guarantee of the judges who participated in the hear American predominance over other world · of fair hearings-in view of the new para ing. In the event of a tie vote, the Court areas, there has been no strong criticism of mount requirement for compulsory, unre is to designate an additional judge or Judges regional distribution of membership on the served submission. to the jurisdiction of the to sit With the Court or chamber for re court. Court--the provisions for required recusation hearing and determination of the question 11262 CONGRESSIONAL RECORD - SENATE June 20 or cause, instead of allowin~ a second, or in effect, been at thef.r oy;n optfon-subiect mft their controversies-to judicial settlement casting, vote to the president of the Court first to the filing by each. state of a declara stems in part from the fragmentary and as at present. tion of its acceptance · of: the Court'B Juris unc-ertain character of much: of interna The new statute., Hl:e the old, provides for diction, and second fa -an-y conditions which tional law a-a it now exists. • • • However, the rendition of wrftten opinions-both ma · a State might see ftt to attac11.-fo:1ts declara- the begnnings of- a 'common law"' of the jority and dissenting, air well aff separate ti6n · · · United Nations·, based on the Charter, are concurring opinions-the names of the Thus. for instance. a number of states now apparent; its steady growth will con judges subscribing to each being stated. have from time to time conditioned their tribute to stability and orderliness-." CHANGES ARE PROPOSED AS TO CHAMBERS acceptance of the jurisdtction of the Court With an international tribunal whose by excepting matters they niay themselves members are almost- certain to display ob Some changes are, proposed with reference deem to fall within their own domestic. jective points of view toward international to the. constitution. and functioning of jurisdictions. The Connally reservation to dit;putes laid before them, it-would seem safe chambers of the COurt to hear and deter the declaration of adherence o:r the United to blueprint the guides for determination mine particular_ causes.. The_ provision for States falls within this category and is of questions giving rise to the disputes. a standing chalnber- f'or summary- disposition typfcal of: conditions, attached by other na These guides are set out in the original of cases.referred to it ls retained. While the tions to their acceptances of the Court's statute and are carried for-ward- with some Court has. never had occasion to form a jurisdiction. modification into the proposed statute. chamber to, hear a- particular case or cate In addition, by application of the prin For i:nsta-ncesh the Statute of the Perma gories 0f cases, its. right to do so is retained ciple of' reciprocity, each State subject to nent Court of International Justice did not in the proposed new statute, except that the jurisdiction of the Court rs per_mitted direct that tl'ibunal to- be guided by general Court.'s jurisdiction any question as to the to limit that juxisdiction as to any other principles of international law in reaching must be heard and determined by the full State vis-a-vis which it is called to appear its- decisions. The Court had to assume- tha,t Court. before the Couxt by any conditfon which this directive was td govern its deliberations The proposed. statute provides, however, the other State may have attached to its in applying certain specific legal criteria to that a case is to be heard before- a chamber own acceptance of the Court's jurisdiction. the adjudication of questions before it, as of the Court only at, the request or by the Unquestionably, much of the virility con the statute did expressly require it- to do. consent of the parties, or by direction of tempiatectfor the court has been lost through When the- present statute- of the- Interna the Court, provided that any party which these emasculating reservations. It fs not tiona! Court ot Justice was drafted, its shall have objected to hearing before a suggested' that the reservations were unjusti framers supp-lied this legislative omission by chamber is to have a right of appear to the fied, although it has frequently been argued providfng, at least parenthetically, that the full Court from the judgment of the cham that they were. But whether warranted or Court, "whose function iff to decide in ac ber. In. the event of an appeal, the members not, there can be, no question that they have cordance with international law, such dis which of the chamber determined the cause rendered the Court impotent in many situa putes as. are submitted to ft", ts to- apply to are to be eligible to sit as members at: the tions in which ft should have been in a posi the adjudication of such disputes substan full Court on. the appeal, which will be pre tion to function effectively. tia.I-ly the same legal criteria enumerated sented on the record as made up before the Much less can be said fn support ot op in the former statute. chamber, except as otherwiae ordered by the tional or conditional jurisdiction of the In GUIDELINES FOR ADJUDICATION ARE SPELLED- OUT Court. ternational Court of Justice, however, when No change ls proposed in the parties to constftutiona,1 assurance 1s given to all na The proposed statute provides affirma.tively have access to the Court-, except that in tions that the Court is to be so constituted as that the "Court shall adjudicate- disputes be addition to states (both members and non to guarantee an objective attitude toward fore, it: in accordance with generally accepted, members of the United Nations)- the Juris the- cause of every nation, although the Court applicable- principles Of international law, diction at the Court. over public interna is to be the sole arbiter of its own Jurisdic giving dne- consideration, in. ltsi dellbera"tions, 1a tional bodies spelled out expressly. The tion in the determination as to whether a to" th& atated. criteria, which are somewhat_ Court will continue- to be without iurisdic matter placed before it is one of domestic or modified under the provisions of the new tion ove:c p:civate. parties-as complainants, of international concern. statute. responden.t.sr or othe:cwise. On the- assumption, theref'ore, that pro For example._ among th.e criteri:a to be ap JURlSDICTION OP SUBJECT MA!l!TD- IS ponentS' of optional or- cond'itional furisdlc: plied by the -court under its present atatnte UNCHANGED tion of tlle Court would concede the absence ar_e "the general prlnciples of law recognized Jmisdiction of the Court', ratione ma ot any need for its safeguards' in light of as by civilized natiorur." On the assumptions tertae·, remains uncha:nged under the pro surances of the tribunal •s impartiality, the that the term "principles of law" should now posed new statute, except for clarification proposed statute provides that any "dispute be broadened and tha.t a.11 nations a.J"e more of and emphasiS' on the absence-of any Juris as ta the- jurisdiction of the Court shall be or less civilized today, the- comparable pro vision o!: the, proposed statute. speaks in diction over essenti~lly domestic issues as determined by the Court". such. But.. it goes further. It provides that the stead of "general pdnciples of law. equity The jurisdiction of the Court as to subject Court Is not to exercise jurisdiction over a and justtce recognized among nat-ions." matter will extend to (a) the interpretation cause. in ih& event that a state whfch ls party These guidelines, which the Court· would of treaties; (b> questions of' international to a cause objects that the proceeding ls one be directed to apply in reaching its conclu law; (c) the determination of any fact essentially within fts own domestic jurisd~ sions under the propos_ecL statute-, are (a) which, if' establisb:ect, would constitute a tion, unless. at least 10 judges- (two-thfrdS> of pro_vlsions. o! international. conventions es breach of an international obliIDl,tion; (d) th& Court's entire membership} concur in ta.biishlng rules of international conduct.ex the nature and extent of any reparation to holding that the matter under conslde:ra pressly recognized among nations;.. (h) inter be made for the 'f>reach of an international tion is within the Ceurl's jurisdiction. The national custom, as evidence of generally obligation; and (e) any matter which, proposed statute alsa contains the mandatory accepted practice;-. (3) judicial precedents under any international agreement, is to be directive that "any doubt as to- whether a recognizing principles at_ international law; referred in event: of dispute to the Court matter is essentially within the domestic (d) general principles ot Ia.:w, equity andjus... or to any predecessor international tribunal. jurlsdlction of a state, shall be resolved. by tice recognized. among nations; and_ ( e) legal The 1'urlsdiction of the Cow:t will also the Court in fav:or of such domestic jUl'isdic writings of recognized authorities in interna continue to extend to (aJ any justiciable, tion" _ tional law. matter referred b;r the parties to the Court, The proposed statute omit.s the provision JUDGES' LEGAL BACKGROUNDS' MAY- BE DIFFERENT of the old that the Court is to have power for determination; (b) all matters speclaUy M-uch has been said about. the asser-ted im provided for adjudfcation by the Court un "to decide a case ex aequo et bono, if the possibility of the dispensation_ ot_ truly im parties agree thereto.'" This power..- essen der the Chart.er of the United Nations; and partial 1ustice- among nations compelled to ( c') matter& i:ererred ta the_ Court for ad tially one. of fudicial legislation, ls not con appear before an international tribunal if it sidered to constitute a proper judfciar !'unc visory opinions by the General.Assembly;. the is to be c_ompo.sed of judges, whatever their Security Council or other organs or agencies tion in any case. bona fides ,_ trained under difl'.erent judicial As the Court is authorized to do and has of the United Nations that may be au systems and adhering_ to different-even com. thorized by the General Assembly to request done under its- present statute, it will be opinions. pletely incompatible-jurisprudential philos empowered to make rules of procedure to im ophies. plement the new statute. MATTERS WITHIN DOMESTIC JUR-ISDICTION ARE Again, with all that ha& been said and re EXCLUDED mains_to be said on both sides. of_this ques COUJt'r WILL P06S1lSS ONLT DECRETAL. kUTKORITY The proposed' statute pro:vides explicitly tion, it must be remembered that the- 'WOrld That the propeeed statute of the Interna that "the Court shall have no juriscllctfon ls growing ever smaller. Civilized concepts tional Court o~ Justice involves, in the last over, and no htng contained in the present, of the Inalienable rights of :freemen and of analysis, n0- undue surrender by any nation statute shall be construed as requiring the free nations are finding thefr way into what of its national sovereignty must be evident members of the Unltecreation of home savings and institu the construction of public buildings. It business cycles and the home construction tions in Chile, the Dominican Republic, would end an all-too-frequent practice of industry has been widely acknowledged. Ecuador, Peru, and Venezuela and the pros job-shopping. And it would protect the Now, Congress, in the past several Foreign pects of similar legislation in Argentina., opportunities and operations of smaller Assistance Acts, has recognized that tech Colombia, El Salvador, and Panama. contractors who have services to offer in the nical and financial assistance in the field of The success of home savings plans, how construction or alteration of public build housing is a proper tool in economic, as ever, requires, the impetus of initial capital. ings. well as social development abroad. AID, in Without it, the slow rate of savings accumu I commend you and the officers of the formulating its housing policy to carry out lation at the beginning will delay the flow National Association of Plumbing, Heating, congressional intent, has, in effect, recog of mortgage loan funds and enthusiasm for Cooling Contractors for your support of and nized that consideration must be given to saving will wane. Even in the United States, work for this bill. With yo~ continued housing as necessary for, and complemen ir. the early days of Federal savings and loan efforts and support, Sena.tor McNAMARA'S bill tary to, industrial and agricultural develop associations, governmental participation will pass. ment. It has acknowledged the urbaniza was deemed essential to support initial sav Right now I turn to a subject which ha.s tion effect of economic development and the ing and permit early lending. commanded increasing attention from me in economic waste of the lack of planning, hous Therefore, we have been providing "seed" the past 2 yea.rs. . ing's relation to productivity, housing's con capital loans for savings and loan institu I speak of the Alliance for Progress in tribution to full employment and housing as tions initiated with our technical assistance. Latin America. a means of encouraging savings. "Seed" capital loans have been made to sav Just before I arrived here, a friend warned One of the most persuasive arguments fQr ings and loan systems in Chile <•5 million me that I should not speak about suc1l a "far economic assistance for housing in the lesser plus a. $5 million grant a.nd $1.5 million of off subject" (those were his ·words) before ·a developed countries is that housing develop- Public Law 480 funds), Dominican Republic 1963 CONGRESSIONAL RECORD - SENATE 11267 ($2 milliQn), Ecuador ($5 million) , Peru the feasibility of a Central A,merican Hous smoking sufficiently severe to warrant ($9.5 million) and Venezuela ($10 million). ing Cooperative Institute. The AIFLD, in restriction of cigarette advertising. Ad Other such loans are contemplated for Ar its turn, is helping d~velop a union housing gentina and Colombia. These loans are be project for AID in Honduras and is studying vertising thus serves both to amplify the i;ng funneled into the ~avings and loan.sys the possibility of similar union-oriented lure of smoking for the nonsmoker and tem through forms· of Federal home loan housing projects elsewhere throughout Latin to reassure the smoker. bank boards. Generally, these loans are. America. The AFL-CIO is investigating, too, Cigarette advertisers in Great Britain matched by funds of the country involved. the possibility of lending union pension are already voluntarily complying with These systems and loans are already bear funds to union-sponsored housing coopera guidelines established by the British ing fruit. In Chile, as of October 1962, there tives in Latin America. Independent Television Authority. were 20 private savings and loan associa The importance of housing to a national Through these guides, advf!rtisers are tions with 19,000 savers and approximately economy ·was recognized by the Congress of $16 million in savings. An additional $35 the United States in 1949 when it declared enjoined to avoid all advertisements million of savings has been accumulated our national policy at home to be "the pro which fall within the following five in the savings department of the Banco del duction of housing in sufficient volume to classes of objectionable advertising mat Estado. Some 2,000 loans had been approved enable the housing industry to make its full ter. for a total of. $20 million on an average of ap contribution to an economy of maximum First. Advertisements that greatly proximately $7,000 per loan. In Chile, we employment and purchasing power." This · overemphasize the pleasure- to be ob suggested a linkage of savings and loans to same _policy should prevail for Latin America. tained from cigarettes. a wage index to offset inflation. This has been a prime factor in increasing savings Second. Advertisements featuring the and is a technique we are hopeful of intro CIGARETTE ADVERTISING RE conventional heroes of the young. ducing throughout Latin America. FORM-A BEGINNING Third. Advertisements appealing to In addition to these "seed" capital loans, pride or general manliness. Mrs. NEUBERGER. Mr. President, we have also made loans for direct Govern Fourth. Advertisements using a fash ment action: $12 million to Colombia pri yesterday a limited but significant start marily for aiding self-help projects, $400,000 ionable social setting to support the im was made toward the voluntary reform pression that cigarette smoking is a "go for a union project in Honduras, $2.5 million of cigarette advertising and promotion to Panama's Banco de Ahorros for relending practices. This morning's New York ahead" habit or an essential part of the purposes, ·$5 million to the Mendoza Foun pleasure and excitement of modern liv dation of Venezuela and $30 million for slum Times reports: ing. clearance in Venezuela. Consideration is Most of the major cigarette manufactur Fifth. Advertisements that strikingly also being given to housing loans for Ja ers have decided to stop advertising in col maica and Uruguay. This means that, to lege newspapers, magazines, and football pro present romantic situations with the date, over $100 million of AID funds have grams. pleasures of smoking. been committed or under serious considera Surely the American cigarette adver tion for housing in Latin America. Add to This decision is no idle gesture on the tisers can, in all good conscience, do no this U.S. funds in the amount of $150 million part of the tobacco companies. Last less. transferred to the Inter-American Develop April the Wall Street Journal reported Dr. Daniel Horn, of the American Can ment Bank for housing loans and you have that cigarette advertising accounted for cer Society, was asked at a recent sym $250 million of U .s. funds being channeled a staggering 40 percent of all national into the home construction and home fi posium of the Queensboro Tuberculosis advertising in college newspapers. and Health Association in New York, nancing industry in Latin America. And advertising was merely one-facet Another form of assistance is the all risk "How many Americans die annually and investment guarantee which authorizes AID of the tobacco companies' campus blitz. how many become disabled on account to guarantee $240 milliO.Jl of U.S. capital The Brown & Williamson Co. had as of their smoking habit?" His answer invested abroad, against virtually any risk, signed to colleges 17 salesmen whose sole furnished a grim portrait of the total with $60 million of this $240 million spe duties were to give away samples of Vice debilitating effect of smoking on Amer cifically earmarked for housing iri Latin roys, Kools, and Raleighs, and plan ican health: America. A subsidiary of Carl M. Loeb, special promotions. Philip Morris paid Rhoades & Co., of New York, is making the student representatives on 166 college What would be the situation if there were first housing loan to be guaranteed under no smoking compared to what it is today? this program. · campuses $50 a month to spread good My best guess is• that as far as mortality is There is a proposal known as S. 582 to cheer and complimentary Marlboros. concerned there .would be somewhere in the creat.e an International Home Loan Bank No student rally, no fraternity party nor neighborhood of 300,000 to 500,000 fewer within the Federal Home Loan Bank Board. tea for foreign students could escape the deaths per year if it were not for smok This bill, introduced by Senators SMATHERS beneficence of Philip Morris. · ing • * * it represents about one-sixth of and SPARKMAN, with a s~ilar bill proposed The R. J. Reynolds Co. simply recruit the 1.8 million deaths which we have in this by Senator DIRKSEN, and by Representative ed college public information officials to country. Not that these deaths would not WRIGHT PATMAN in the House would au insure that the Camels advertised in the occur * * * but they would occur later. thorize domestic savings and loan institu As far as the morbidity (incidence of ill tions and foreign home loan banks. This college football programs could be seen, ness) is concerned * * * we don't have would provide a pot.ential $800 million for admired, and purchased in every quarter relative figures on morbidity in general, par investment in housing abroad. Recently of the college. By hawking Camels, the ticularly when talking about diseases like Senator SPARKMAN said of this proposal that public information officials earned the emphysema and chronic bronchitis where "a good base can be laid for favorable con right to participate in a contest of their there is no formal reporting. But these are sideration of the International Home Loan own, with foreign cars as their reward increasing and increasing rapidly and prob Banlt during the coming Congress." I fully for soliciting their student charges. ably constitut.e at least 5 or 6 times as many· support this bill. people as are subject to mortality risk * * * I have been particularly interested in the Probably no single aspect of cigarette we probably have somewhere around a mil use of housing cooperatives as a means of advertising has been more offensive lion to 2 million people in this country who · providing less expensive, better maintained than this callous pursuit of the custom are disabled to some degree by the effect of and better constructed housing. I am glad of _young college students. Hopefully, smoking of cigarettes. to see that my efforts in that direction are yesterday's announcement w111 mean an beginning to bear fruit. AID has enlisted end to this sorry chapter in American Clearly it will take more than volun the efforts of two organizations to help de advertising history. tary advertising reform to alter this por velop the housing cooperative movement in However, advertising reform limited trait. Latin America, the Foundation for Coopera The Surgeon General's Advisory Com tive Housing and the American Institute for to college campuses is hardly sufficient. Free Labor Development. The FCH has sent Cigarette advertising is a twin-edged mittee on Smoking is presently prepar teams of cooperative housing experts to Co sword, and both blades need badly to be ing what promises to be a definitive study lombia, Ecuador, Honduras, and Venezuela, blunted. On the one hand, there is the of the medical aspects of smoking. and is preparing to send other teams to Peru unabashed resort to the psychology of I did not believe, at the time the ·com and Bolivia. As a result of an excellent appeal by including the youth-oriented mittee was formed, that there was need report by David L. Krooth, an old friend of cast of a major segment of the advertis for a new study. There has been no mine who has long fought for housing in this country, recommending the creation of ing matter. On the other hand, quite shortage of comprehensive and ex a Central Housing Cooperative Institute for aside from content, there is the repeated haustive studies by the very soundest Honduras, I understand that assistance may publication of the ads, which tends to authorities, each concluding without be provided toward development of such an convince the smoker that the Govern equivocation that smoking represented a institute. Also, a study is to be made of ment does not consider the threat of major health hazard. 11268 CONGRESSIONAL RECORD-·. SENATE· June io Nonetheless, it is clear that a skong the coun~ry. "Now, everybody ·1s in there statistician of the American Caneer ,Society. report by the Surgeon General's Com""I slugging." He was one of five cancer research experts "Students are tremendously loyal," says who spoke at a special luncheon at the Na mittee is essential to provide the requi John Manasco, director of Philip Morris' col tional Press Club in a panel program on site stimulus to administrative and leg lege sales department. "If you catch them, "Man Against Cancer-Progress and Hope." islative action. they'll stick With you like glue because your Hammond reported prelim1nary findings I am flrm.ly convinced that the brand reminds them of happy college days ... of a special 1959 survey on cigarette smok administration does not need new legisla Liggett & Myers Tobacco Co. is giving away ing habits. tion in order to mount an effective pro eight British Sprite sports cars during the Survey results so far, he said, are showing gram to combat the rise in smoking-con 1961-62 school year to students in New Eng a direct correlation of early cigarette smok As land colleges who answer a quiz on sports ing with heavier and deeper smoking in later nected diseases. soon as the advisory cars and furnish the last line of a limerick. years. Those who start smoking in adult committee has lodged i~ report, which All entries must include the bottom panels hood smoke fewer cigarettes and inhale more I understand will be in the late fall, ;r from five packages of the company's Chester casually. intend to press for the following imme field, L&M or Oasis brands. Heralding the Some 1.1 million American male cigarette diate administrative action: First, a contest in college newspaper ads, Liggett & smokers were interviewed in the ambitious massive program of child and adult edu Myers urged students: "Enter incessantly! survey, and only the first patterns are be cation; second, expanded research into Because there are eight Sprites up for grabs, ginning to emerge from machines digesting both the biological eff ec~ of cigarette dad. • • • Keep trying! Win, man!" the information, Hammond said. Last fall, students on 98 campuses entered The results showed, ne reported, that the smoking and the technology of produc a football score guessing contest sponsored by early starter$ become the excessive smokers ing less hazardous cigarettes; third, a Brown & Wllliamson Tobacco Corp., makers and the ones who inhale most deeply. This Federal Trade Commission requirement of Viceroy, Kool, Raleigh, and other brands. is important, he explained, in view of the that cigarette ads and commercials con The closest guessers, who submitted empty belief that heavy and deep cigarette smoking tain affirmative warning of the hazards packages of Brown & Williamson cigarettes appears more conducive to lung cancer than of smoking; and fourth, broad and With their predictions, won cash prizes rang light and casual smoking. meaningful cigarette labeling, including ing from $10 to $100. Brown & Williamson Hammond didn't give the figures, but said recently assigned 17 salesmen to colleges to a surprising lot of heavy cigarette smokers warnings and tar and nicotine yields or give away samples of its cigarettes and plan 41 1959 said they had started to smoke ciga ratings, under the provisions of the Haz special promotions. rettes before the age of 10. It was difficult ardous Substances Labeling Act. Philip Morris, which sells both Marlboro be said, to find heavy smokers who did not I also intend at that time to introduce and Parliament cigarettes in crush-proof start before the age of 15. comprehensive remedial legislation to boxes, is the company which gives prizes to Hammond noted that pipe and cigar include: First, a ban upon the distribu collegians for constructing models of build smokers show only a slightly higher risk of tion of free cigarette samples to minors; ings, using the empty boxes as blocks. A developing lung cancer than nonsmokers. second, restriction of the permissible tar Columbia University student won one of This, he said, may well be due to the fact these contests with a replica of the United that pipe and cigar smokers usually inhale and nicotine yields from cigarettes; and Nations headquarters, made from 6,000 boxes, less than inveterate cigarette smokers. third, provision for a moderate increase Pbil1p Morris pays student representatives in cigarette taxes to finance programs of $50 a month to stir up enthusiasm for such [From the New York Times, June 2.2, 1962) cigarette education-to include television contests on 166 campuses. CANCER SOCIETY CA.LLB ON 0oLLEGES To CURB advertising-and research. SO.ARING ENROLLMENT CIGARE'ITE ADVERTISING Mr. President, I ask unanimous con These firms, and P. Lorlllard Co., American CHICAGO, June 22.-The American Cancer sent that certain editorials on the sub Tobacco Co. and R. J. Reynolds Tobacco CO., Society decided today to urge college presi ject be printed at this point in my re- are counting on such aggressive college mar dents and the Federal Trade Commission to marks. · keting efforts to help them build sales during help curb the promotion of smoking among There being no objection, the editorials the next decade. Total college enrollment college students. The society's 74-member board of directors were ordered to be printed in the RECORD, has increased by more than 30 percent in the last 6 years to around 3.8 mtlllon, Gov voted una.ntmously for a proposal aimed at as follows: ernment officials estimate. And they expect,· the apparently intensified promotional cam [From the Wall Street Jour al, Apr. 2, 1962] as the bumper crop of post-war babies comes paign in colleges to increase the gale of ciga CIGARETI'E MAKERS Woo COLLEGE SMOKERS of age, enrollment will reach about 7 million rettes to college students. WITH VARIETY OF CONTESTS--PACKAGE by 1970. The proposal said that the sponsoring of HOARDERS GET PRIZES FROM PHILIP MORRIS; Tobacco company spokesmen explain that televised college a.thletic events by tobacco RISING ENROLLMENT SPURS CAMPAIGNS they're trying to lure students with contests companies resulted in advertising appeal to (By Richard A. Lewis) because some collegians often pay relatively the very age group which the society is most little attention to many standard advertising anxious to prevent from being subject to the By collecting 76,000 empty packages of ci media; they're generally too deeply involved persuasion to smoke. garette brands made by Ph111p Morris, Inc., in their campus activities. The National Ad The board authorized its stair to send let Alpha Delta Delta Sorority at the State vertising Service, Inc., which places ads in ters to the presidents of about 100 major Teachers College in Cortland, N.Y., last year college newspapers, estimates that the :aver universities telllng them that 1n view of the won a high-fidelity phonograph. It was the age college student watches television only evidence of the deleterious e:ffects of smok first prize in a package saving contest spon 17 minutes a day, compared With 2 hours ing on health, the propriety of supporting sored by Philip Morris. and 57 minutes for noncollegians. athletic events in colleges by such means be Such promotions are being used increas Some students may be discouraged from conscientiously considered. ingly by major cigarette producers to grab a smoking before they come to college by ef The staff was ordered to write the Trade bigger share of the fast-growing U.S. college forts of some groups to convince youths that Commission to ask whether it approved of market. To Win students' loyalties, tobacco smoking endangers their health. Last July campus promotion of cigarettes and whether companies, who already account for 40 per the Joint health-education committee of the it had any jurisdiction in the matter. cent of all national advertising in college American Medical Association and the Na Although the board made no official newspapers, also are offering cash and other tional Education ' Associat.lon called for the change in its. cautiously stated opinion of 2 prizes to collegians for such things as sub home and school to initiate education that years ago in the cigarette-cancer dispute. mitting football sc_ore predictions along with would curb smoking at the ages prior to the It did endorse the recent report of the Royal cigarette wrappers, or constructing models of usual beginning of the practice. In the past College of Physicians in Britain. The board buildings from "crush proof" boxes. 2 years the American Cancer Society has dis calleci. the report the outstanding event The intensified competition for college tributed an anticigarette film strip to more since the last meeting of the board and said smokers is spurred by the fact that tobacco than 21,000 secondary schools. it admired the college's unequivocal position. companies today are promoting about 20 The college urged the British Government brands on campuses, up from only 6 a dec [From the Washington Post,. Apr. 3, 1962] to warn its people that there is convincing ade ago. Many cigarette men are more con evidence linking cigarette smoking with lung vinced than ever that a person who starts CANCER TIED TO SMOKING IN YOUTH cancer. with a certain brand in college is likely to (By Nate Haseltine) Dr. Howard c. Taylor~ Jr., or New York, stick with that brand long after· gradua Keep your children away from cigarette chairman · of the S9Ciety's committee on tion. smoking through their late .teens, and they tobacco and cancer, said that his group be "EVERYBODY SLUGGING probably won't develop lun,g-cancer smok lieved that cigarette smoking was a major "The total cigarette marketing ~ffori in the ing habits. cause of lung cancer. He said that the Brit colleges has doubled in the last 5 years," says '.J'hat's the advice gleaned from a report ish study was especially important because Robert M. Stelzer, president of Student Mar he~e yesterday on the differences be\ween it came from a conservative organization. keting Institute, which specializes in sell early and late-starting smokers. · Reporting Dr. E. CUyler Hammond, director of the ing various products to collegians all over was E. CUyler Hammond of New York, blo- society's statistical research section, said 1f)63 , CONGR~SSIONAL R_ECQRD - SENATE 11269 that his st~dies for the last 10 years had SEARCHING FOR WRAPPERS that I believe should put at rest the fears convinced him that the only cause of one of Pledges to fraternities spent long after of Members of congress who feel that the common forms of lung cancer was in noons and evenings trying to find wrappers. we cannot adopt such a law here with haling irritants such as cigarette .smoke, Often fraternity houses and dormitory base out great difficulty. In Ohio, as well uranium dust or asbestos dust. · ments were filled with them. Prizes ranged Smokers account for · most of the deaths from trips to Europe to phonograph sets and as in Wisconsin, the law is as follows: from that type of lung cancer, he said, since ping pong tables. Once, in California, a fire All meetings of any board or commission more people smoke than work with uranium engine was awarded as a prize. · of any State agency or authority or of any or asbestos. Since the war, Philip M9rris' college p~o agency or authority of any county, township, "All studies have shown exactly the same gram has become more closely integrated municipal corporation, school district or results: nonsmokers have the lowest death with the rest of the company's operation. other political subdivision are declared to rate; pipe and cigar smokers not much The cigarette company's personnel men visit be public meetings open to the public at higher, cigarette smokers a much higher college campuses and pick promising juniors all times. No resolution, rule, regulation death rate, and heavy cigarette smokers the for summer training with the company. or formal action of any kind shall be adopted highes'f1 death rate," Dr. Hammond said. These trainees then serve in their senior at any executive session of any board or "Cigarette smoking more than doubles the year as campus representatives and, if they commission of any such agency or authority. death rate." fulfill their promise, they are offered posi The newspapers have said that they Of the increased death rate among tions with the company. Many of these have smokers, he said, lung cancer accounts for now advanced to key executive posts with are free to go to any such meeting in only 13 percent of the increase while heart Philip Morris. Ohio. They have been able to do so disease accounts for more than half. other With recruitment of promising personnel for years. The law has worked very well. causes are cancers of the mouth and throat now a serious problem, this program is serv It has not in any way inconvenienced the and various lung ailments. ing the company well. operations of government. INDUSTRY IS SILENT In the early nineteen fifties the company I ask unanimous consent that a copy felt it necessary to revise its collegiate sales The Tobacco Institute withheld comment strategy. Advertising space in college news of the letter from Mr. Oertel, the execu last night on the action of the cancer so papers had become more expensive and the tive director of the Ohio Newspaper As ciety's board of directors. effect was diluted because undergraduates sociation, and excerpts from the law, were being exposed more and more to outside be printed at this point in the RECORD. [From the New York Times, Oct. 20, 1960] media. There being no objection, the letter ADVERTISING: CIGARETl'E MEN BIG ON MAX SHULMAN HIRED, and excerpts were ordered to be printed CAMPUS It was noted by the company that Max in the RECORD, as follows: (By Robert Alden) Shulman, the author, was being imitated by many college columnists who were attempt OHIO NEWSPAPER ASSOCIATION, Many a man carries memories of his col ing to write a humorous column. . Columbus, Ohio, June 17, 1963. Senator WILLIAM PROXMIRE, lege days that include along with the cling The company hired Mr. Shulman to write ing ivy and the Saturday football afternoons a column for Philip Morris that now appears U.S. Senator from Wisconsin, fading into dusk, thoughts of Philip Morris regularly 26 times a year on 225 campuses. Senate Office Building, wrappers and evenings spent searching for Readership response has been excellent and Washington, D.C. them about the streets. the column requires less space than conven DEAR SENATOR PROXMIRE: I noted in a The college market is one of the most im tional advertising. Sunday AP release your comments on the portant as far as the cigarette companies The company has raised the salaries of its freedom of information bill (S. 1666) which are concerned. Smoking habits formed there campus representatives and their training you are cosponsoring with Senator LoNG of often have an enduring quality. has been stepped up ·so that they now re Missouri. Making this market even more important ceive regular instruction in merchandising, You are to be commended as a sponsor to them is the fact that the number of un sales promotion and advertising. of this measure and for your excellent com dergraduates is expanding rapidly-287,500 With 165 undergraduate representatives ments on the importance of keeping Gov in 1900; 900,000 in 1933; 3,500,000 at the for the company now serving on campuses ernment departments and agencies operating present time. across the country, Philip Morris' interest in openly in the public interest. Philip Morris, Inc., says it was among the the college market is at the kind of pitch As a small sidelight to your · comment first merchandisers in the country to recog that promises it will be sustained far into about Wisconsin's 1959 open meetings law, nize the special quality of the college mar the future. I think you should know that other States ket and to try to exploit it with the estab have had such a law for some years. For lishment of a full-scale campus sales instance, our association supported and ob promotion program. OHIO OUTLAWED SECRECY IN tained such a law applying to all State agen A COLLEGE MAN MOVES UP GOVERNMENT YEARS AGO AND cies, etc., in 1953, and then had the law J.M. Cahn, now vice president of the com PROSPERED extended to all public bodies and all levels pany's oversea division, was a member of the of government within the State and all po class of 1934 at the University of C::alifornia Mr. PROXMIRE. Mr. President, re litical subdivisions in 1955. when he joined the Philip Morris organiza cently I spoke on the floor of the Senate Enclosed is a copy of the 1955 law as it tion as its first college representative. He in support of the freedom-of-informa now stands and a summary of the legisla continued with the company after gradua tion bill, the principal sponsor of which tive steps toward its enactment. tion. For many years he was in charge of the is the distinguished junior Senator from One of the Members of Congress and an college program. - Missouri [Mr. LONG]. In speaking in Ohio weekly newspaper publisher, Repre Under the program, Philip Morris main favor of that bill I said that Wisconsin sentative CHARLES A. MOSHER, of Oberlin, tains full-time college supervisors in each .Ohio, was instrumental in aiding passage of of the company's basic sales regions. These was the only State in the Union that this legislation while he was serving as a men hire and train undergraduates to act as flatly outlawed secret meetings of any State senator in the Ohio Generaf Assem- student representatives for the program. kind. bly. - The college representatives distributed I find that I was mistaken. The alert We further extended the area of freedom samples at fraternity meetings and the like. executive director of the Ohio News in 1959 with passage· of a right-to-advertise They saw to it that college boys planning paper Association has called the over law which, in effect, provides that no State visits to New York would get tickets to sight to my attention and pointed out agency can ban by rule or regulation adver Philip Morris sponsored broadcasts. The tising that is proper, acceptable, decent, and college representatives would try to make that Ohio has had such a law for. some nonfraudulent. I also enclose a copy of certain that no college function would lack time. It is my understanding that the this law. a complimentary supply of Philip Morris law was passed in its original form 'in I should add that the passage of these cigarettes. the administration of the distinguished laws to guarantee open meetings and the As the competition in the college market senior Senator from Ohio [Mr. LAuscHEl. right to advertise have caused absolutely became fiercer, particularly in .the area of ad It is an excellent law. no problems or hardships for anyone, but vertising in campus newspapers, the college It has worked very well in Ohio, ac rather have insured that the rights of the representatives arranged many kinds of con cording to the information that I have. public in these areas will be upheld and not tests--almost all of them revolving around Incidentally, a fine Representative from made subject to governmental rule or de saving Philip Morris wrappers. For example, cree. Please keep up your efforts in behalf fraternities competed against each other in Ohio, CHARLES MOSHER, was one of of freedom of information for the public at trying to guess the greatest number of foot those who pushed the measure hard in the Federal level. ball scores correctly. Each score. had to be the Ohio Legislature. · Kindest reg,ards, written on the back of a Philip Morris · I should like to read an excerpt from WILLIAM J. OERTEL, wrapper. the law, because it is the kind of thing ~xecutive Director. 11270 CONGRESSIONAL RECORD-. SENATE June 20 ExCEBPT FROM "OHIO NEWSPAPERS AND THE seems unlikely-it seems safe to assume that Another law-now 1 year old-was the LAW" legislative bodies are included -in the open Ohio right-to-advertise law,. which became (A handbook and digeat of Ohio laws and meetings law as authorities. effective November 2, 1959. During the past other material related to editing and writ year this law has served to decrease false ing for newspapers and other media, as ExCERPT FROM OHIO NEWSPAPER AND fraudulent, and undesirable advertising i~ sembled and arranged by James E. Pollard, PUBLICATION LAws Ohio, while at the same time encouraging director, School of Journalism, Ohio State 121.22 · Meetings of governmental bodies to greater use of honest, truthful, acceptable University) be public; exception advertising. Although the amount of un 2. THE OPEN MEETINGS LAW desirable advertising is small-less than one All meetings of any board or commission half of 1 percent of all advertising-news At the urging of the Ohio Freedom of In of any State agency or authority and all papers and advertising groups in Ohio have formation Committee on behalf of the Ohio meetings of any boa.rd, commission, agency active programs for reducing adverse Newspaper Association, the Ohio General As or authority of any county, township, mu advertising even more. Newspapers warn sembly during the 1953 _session adopted an nicipal corporation, school district or other readers and reject much unacceptable ad open meetings law. Under this statute all political subdivision are declared to be pub vertising. Advertisers are sponsoring a State boards, agencies, commissions, and lic meetings open to the public at all times. truth-in-advertising program with advertis other public bodies, except the pardon and No resolution, rule, regulation or formal ing clubs and better business bureaus taking parole commission, are required to hold open action of any kind shall be adopted at any the lead. meetings so that the public and the press executive session of any such board, commis Freedom for Americans was not an acci may attend if they desire and, in particular, sion, agency or authority. dent, but a carefully and prayerfully drafted so that public business is actually done in The xninutes of a regular or special session set of guaranteed rights and liberties to pre public and not behind closed doors. This or meeting of any such board, commission, serve and protect freedom for all in our Na does not prevent the holding of executive ses agency or authority shall be promptly re tion, providing we uphold and support our sions but no final or definitive action can be corded and such records shall be open to Nation and Constitution. taken except in public or open meetings, with public inspection. The freedom to work in a business or job the single exception of the parole commis The provisions of this act shall not apply of your choice without undue restriction by sion. to the pardon and parole commission when government has helped build America's effi At the next regular session of the general its hearings are conducted at a penal insti cient and productive economy. The freedom assembly in 1955, the freedom of informa tution for the sole purpose of interviewing to advertise--to inform people and give them tion committee urged the extension of these inmates to determine pa.role or pardon. facts and prices about services and mer provisions to the local level so as to cover chandise for sale-has helped toward an county, township, and municipal bodies and OHIO'S RIGHT To ADVERTISE LAW economy of abundance. agencies. There was no opposition to the To fully enjoy the results of our free proposed amendment and it was passed. 119.061 Agency with rulemaking power may suspend license; limitation system, business has developed highly skilled The revised law, which is of great practical marketing, distribution, merchandising, pro importance to the press and other mass com on power to limit advertising right. motional, and advertising techniques. Only munications media as well as the public, when these have the fullest freedom to be reads as follows: Every agency authorized by law to adopt, used in a responsible manner can they b& "SEC. 121.22. All meetings of any board or amend or rescind rules shall have the power best used to stimulate and sustain our grow commission of any State agency or authority to suspend the license of any person, over whom such agency has jurisdiction within ing economy. or of any agency or authority of any county, Advertising, like freedom itself, works best township, municipal corporation, school the purview of sections 119.01 to 119.18, in clusive, of the revised code, following a con when it is unchained and unrestricted. district, or other political subdivision are de Ohio's right-to-advertise law provides that clared to be public meetings open to the pub viction of such person under section 2911.41 violators of good advertising wlll be prop lic at all times. No resolution, rule, regula of the revised code of Ohio. Except as otherwise expressly provided by law exist erly punished, but that otherwise advertising tion, or formal action of any kind shall be will be allowed the fullest range of respon adopted at any executive session of any boa.rd ing as of the effective date of this act, no· agency shall have the power to make rules sible use for the benefit of inforxning the or comxnission of any such agency or au general public, keeping business moving, and thority. which would limit or restrict the right of building our economy of abundance and our "The minutes of a regular or special ses any person to advertise. (Effective Novem ber 2, 1959.) top-rank standard of living even higher sion or meeting of any board or commission under a system based on freedom for all. of ar,y such agency or authority shall be promptly recorded and such records shall be THE FREEDOM To ADVERTISE open to public inspection. Ohio has long been a leader for greater PRESIDENT KENNEDY'S GREAT AP "The provisions of this act shall not apply freedom for her citizens, as an example to to the pardon and parole commission when America and the world of how well respon PEAL TO THE CONSCIENCE OF its hearings are conducted at a penal insti sible freedom can work when people are kept AMERICA ON CIVIL RIGHTS tution for the sole purpose of interviewing well-informed. inmates to determine parole or pardon." Mr. PROXMIRE. Mr. President, yes Ohio's 400 daily and weekly newspapers terday the Washington Star published So far no serious issues have arisen to have pioneered or encouraged many laws and challenge the new law in any way although programs designed to insure that Ohio citi what I believe was a very fine and re there have been some questionable situa zens will always be freely and fully in markable editorial on the President's tions involving executive sessions. By formed, especially concerning governmental fight for civil rights-not merely his pro indirection, however, the law permits such posal, which was, as the Senator from sessions but the important part ls the pro matters. Working through the Ohio News vision that no formal or final action may be paper Association, the newspapers of the Oregon [Mr. MORSE] stated yesterday, a taken at any such session but must be done State backed legislation to provide that historic proposal to the Congress for civil in open meetings. newspapermen did not have to reveal the rights legislation, but on the whole broad A recent survey of all Ohio daily and source of their information. sweep of the President's fight for civil weekly newspapers showed that since the After an extensive survey showed many rights. The Washington Star pointed passage of the law no newspaper had en public meetings were being closed to the pub out: countered serious difficulty in gaining ad lic, open meetings laws were passed to guar mittance to meetings nor have the min antee that no public meetings at any level of Since this speech- utes of meetings been purposely delayed or government in Ohio could be closed to the taxpaying public or the press, acting on be Which the President made a week or withheld as occurred sometimes before the so ago-- enactment of tbis law. The law, in short, half of the public. seems to have achieved its purpose adequate The ONA and many Ohio newspapers cur the President has been trying to translate ly and admirably with only a few exceptions. rently are informing the public about the his eloquent appeal into action. He has Originally there was some question importance of public notices ( or legal adver talked with business leaders. He has talked whether the law included legislative bodies tising) to help insure that tax money will be with representatives of labor unions. On after such specific wording was deleted from spent properly and so the public knows how Monday 243 clergymen and laymen met with the amended version before it became law. important it is for public officials to keep Mr. Kennedy at the White House. Before But legislative bodies are generally regarded taxpaying citizens fully informed in our the week ls out he will have conferences as authorities and as such are covered by system of freedom and democracy. with State Governors, educators and lawyers. the law as passed by the general assembly. Newspapers also are participating in a And his civil rights legislation message is By longstanding practice, moreover, the statewide Committee on Public Informa due in Congress today. meetings of legislative bodies are generally tion, which is surveying all State government No other President has done as much as open to the public, including the press, al departments and agencies to determine how this, and, of course, no other President has though this is less true of some legislative their operations and methods of keeping the been faced with a racial problem of com committees. Until such time, therefore, as public informed can be improved by educa parable dimensions. What Impresses us a court might decide otherwise--and this tion or legislation, if needed. most, however, ls the way the President keeps 1963 CONGRESSIONAL RECORD-·SENATE 11271 hammering on the point that this ts not payments problem and th~t the meas attractive and counteract the tendency ·of something to be ultimately settled with laws ures·we are taking are insufficient to the funds to go abroad, would this (a) vitiate and police measures-that this is at bottom need and will continue to ·prove to be our growth plan, (b) trouble the position of a mora1 issue which must 1inally be resolved. England and thus unduly brin,g trouble to through an · appeal to the conscience of insuflicient. While the U.S. balance-of the second of the two currencies that finance America. payments deficit has declined between virtually all world trade, or (c) hurt coun 1.961 and 1962 from $2.4 blllion to $2:2 tries such as Germany and Japan where sur I ask unanimous consent that the edi billion, during the first quarter of this pluses on current account disguise the con torial be printed -at this point in the year the deficit was running at a season tinued thinness of capital formation and RECORD. ally .adjusted annual rate of $3.'3 billion. capital markets which has brought them There being ·no objection. the editorial On May 15, in an .attempt to take a into our capital markets to the tune of was ordered to be printed in the RECORD, new measure of our Government's think $1 billion a year? foUows: 6. If the problem is solved and we cease as ing on the payments deficit situation. I to have a signltlcant or worrisome interna APPEAL TO CONSCIENCE wrote identical letters to .Secretary Dillon tional payments deficit, do you think that In his admirable talk to the Nation last and Secretary Rusk requesting their the world can satisfactorily finance an ex week the President put the racial problem comment on six questions based on ques panding world ·trade, or will we face contrac in this perspective: tions raised by Armand Erpf of Carl M. tion and deflation? Il so, what should be "We face. therefore. a moral crlsls as a Loeb, Rhoades · & Co. at the April 22 the basic .approach:· Roosa's deals, Bernstein's country and as a people. It cannot be met dinner of the Economic Club of New ideas, or the Triffen or Stamp plans? And by repressive police action. It cannot be left York. I have now received both of their do you think that the Fed .and the Govern to increased demonstrations in the streets. ment wm be prepared to cope with this new It cannot be quieted by token moves or talk. replies which I believe will be of great problem, or will we only get at it when crisls It is a time to act in the Con~ess, in your interest to my colleagues. I, therefore, isupo:o. us? State, and local legislative bodies and, above ask unanimous consent that my letter I will appreciate having your comments all, ln our daily lives." of May 15 together with their responses on these questions. Since this ~peech, the President has been of May 28 and June 1 be _printed in the Sincerely, trying to translate his eloquent appeal into RECORD at this point of my remarks. JACOB K. JAYrrS, action. He has talked with business leaders. There being no objection, the letters U.S. Senator. He .has talked with representatives of labor were ordered to be printed in the RECORD, unions. On Monday, 243 clergymen .and lay THE SECRETARY OF THE TREASURY, _ men met with :Mr. Kennedy at the White as follows: Washington, D.O., May 28, 1963. House. Before the week is out he wlll have MAY 15, 1963. Hon. JACOB K. JAVITS, Hon. DoUGLAS DILLON. U.S. Sena.te, conferences with State Governors, educa Secretary of the Treasury, Department of the tors, .and lawyer.a. And his civil rights legls Washington., D.O. lation message is due in Con,gress today. Treasury, Washington, D:U. DEAK JAt:K: I welcome the opportunity to DEAR "Douo": At the Economic Club dinner comment on.the questions, raised at a recent No other President has done as much aB on April .22, 1963, Mr. Armand Erpf, o:f Carl this, and, of .course, .no other P.resident has economic club dinner in New York, which M. Loeb• .Rhoades .& Co., asked several ques were cited in your letter of May 15~ been faced with a racial problem of com tions on the U.S. balance-of-payments .situa parable dimensions. What impresses us The first of these questions relates to the tion which he was good ,enough to send me prlorlty being given to correction of our bal most, however, is the way the President keeps as welL hammering on the point that this is not ance-of-payments deficit relative to other .I .:found his ;questions very interesting and major national issueB. :I can assure you we somethin.g to be ultimately settled with laws I would very much :appreciate ha'Ving your and police measures-that this is at bottom are continuing to give thls problem the very comments to the following ones. In case Mr. high priority which was clearly given to it a moral tSSlle which must finally be resolved Erpf's questions are not readily available I t hrough an appeal to the conscience of in the Presldent's February 6, 1961, message am repeating them below: to the Congress on the "U.S. Balance of Pay America. 1. How high a priority does restoring the It is in this respect that his meeting with ments and Gold Outflow from the United balance-of-payments deficit command on th~ States.N As you may recall, the President the churchmen assumes special significance. list of major national issues? Perhaps nothing of oonsequen.ce will come then referred to our balance of payments as .2. What, in your view, is the proper alloca "one of the key !actors in our national eco to the principal decision, taken at the con tion between private .sector and public sector ference, which was that the churches should nomic llfe;• stressing that we must "in the spending overseas? The payments balance o:f decades ahead, much more than at any time take the lead in forming biraeial groups on the private sector is already .favorable, can the ,community level to search for solutions in the past" take our balance of payments anything :further be done to reduce our pub into account when formulating our eco to t h-e problems. One or two Southern pas lic cash expenditures overseas without en nomic :policies and conducting our economic tors '( about .20 per.cent of the ,group were from dangering our foreign economic and :mliltary affairs. the .south) spoke of their ifear of miscegena programs? tion. A Negro leader from Atlanta said the The second question asks about the proper 3. Do the State Departmeni; and the De roles o! private -and governmental expendi proposed biracial approach would be like fense Department discuss what steps each or tures abroad, Tespectlvely. in our program putting vasellne on a -cancer. both could undertake to curb or restrict cash for correcting the pay.ments deficit. Our These, however, are the extreme -attitudes. spending overseas which between tbe two overall deficit cannot logically be blamed We hope, and we believe, there is -a _good tends to contribute heavily to the disequi on -any particular category or form of ex f the posslble emergenc.e of a serious Senate resumed the consideration. of ,Prol>lem. U the p.ast l's any .gul(le for the payments in the field of shifting the fu.tu.re. we can take comfort from the fact defense load to some extent to Western legislative buslness. 11274 CONGRESSIONAL RECORD - SENATE June 20 EXCELLENT REPORT ON THE ARTS ernment can take to improve the quality this excellent report. l do, however, ask AND THE NATIONAL GOVERN and quantity of its legitimate artistic and unanimous consent to have printed in cultural concerns. But the limited na the RECORD at this point a summary of MENT ture of these concerns is also properly the report, an editorial entitled "Grace Mr. HUMPHREY. Mr. President, last stressed: of State" that appeared in the Wash week President Kennedy established the It is a limited policy; for Government's ington Post for June 17, 1963, and a news Advisory Council on the Arts. As I said role in this area must always be marginal. story from the New York Times of the on the Senate floor at that time, the It is a policy not copied after European same date commenting on this fine doc creation of this Advisory Council repre models, but keyed to the particular condi ument. sents a historic step forward in building tions of diversity and decentralization pre There being no objection, the sum a more productive and enlightened re vailing in the United States. mary, editorial, anc:l article were ordered lationship between the Federal Govern This observation is extremely well to be printed in the RECORD, as follows: ment and the artistic and cultural life taken and should be considered by those The beginning of a "new phase in the his of this country. persons who allege, quite incorrectly, that tory of art and Government" has been The President should be congratulated supporters of the Advisory Council and opened, according to a report made to :Ilresi for his vision in establishing the Ad the National Arts Foundation seek to en dent Kennedy today by August Hecksch~, visory Council. Many Members of Con courage Government control of the arts. the President's Special Consultant on the gress including the senior Senator from Nothing could be further from the truth. Arts. The appointment made in March Minn'.esota, have been attempting to 1962-"modest in scope and tentative in form I was especially pleased that Mr. though it was"-made it plain, Mr. Heck establish such a Council by statute. Heckscher recommends in his report the scher said, that Government would be con While we will continue in this effort, it permanent establishment of the Advisory cerned with the progress of the arts as they is most heartening that a Council does Council on the Arts, the National Arts affect "the well-being, the happiness, and the exist and will be functioning during the Foundation, and the creation of the post personal fulfillment of the cltizens of our interim period. of Special Advisor to the President. The democracy.'' Congratulations are also in order for National Arts and Cultural Development In submitting his report, Mr. Heckscher the President's able and distinguished offered his resignation to the President, not Act (S. 1316) provides for each of these ing that he had originally expected to serve Special Consultant on the Arts, August recommendations contained in Mr. for a 6-month period. The President, in Heckscher. Mr. Heckscher bore the Heckscher's report. This legislation was thanking Mr. Heckscher, said, "I accept your primary responsibility for coordinating prepared with the close collaboration and resignation with great regret. As Special the numerous administrative duties assistance of the distinguished Senator Consultant for the Arts, you have initiated associated with the creation of this Ad from Rhode Island [Mr. PELL] and the a new function in the Executive Office of the visory Council. distinguished Senator from New York President. The best tribute to the success Mr. Heckscher, in his capacity of Spe of your work is the decision to establish [Mr. JAv:::Tsl. I know they share my this function on a full-time and, I hope, cial Consultant to the President, has now pleasure in finding the substance of this permanent basis. I am sorry that you can submitted a comprehensive and challeng bill contained in the recommendations not take on the continuing assignment ing report, "The Arts and the National of the Heckscher report. yourself; but I know your desire to re Government." This report on the vari I also point out that S. 1316 provides turn to your duties at the 20th Century ous artistic and cultural activities of the that annual reports of the Advisory Fund, and I am grateful for your willing Federal Government has been needed for Council and the National Arts Founda ness to stay until a successor has been many years. We often hear that the named." tion will be submitted to the Congress. "Your report on 'The Arts and the National Federal Government has no legitimate These public reports would serve as an Government'," the President continued, reason to be concerned with such matters annual review of the Government's ac "opens up what I am confident will be a new as esthetics and culture. But, as Mr. tivities in regard to the arts and culture, and fruitful relationship between Govern Heckscher points out, every time the in effect providing an annual updating ment and the arts." Federal Government builds an office of the Heckscher report. I believe it is Mr. Heckscher's report was made after building, post office or embassy, prints important to provide something similar more than a year during which he has a postage stamp or poster, publishes a to an annual inventory, that is, a doc served in an unprecedented capacity. De book or pamphlet, approves a program scribing the work of his office, he notes that ument that would summarize the prog it has involved the following areas: collect of urban renewal or decorates the in ress of the past year and indicate the ing information on the arts, keeping abreast terior of a public building, factors re future plans of both the Advisory Coun of legislative activities in the field, and sur lated to art and culture become the cil and the National Arts Foundation. veying relevant Federal programs. In addi direct concern of the Federal Govern Finally, Mr. President, I know I speak tion, the report notes, there have been ment. for many persons in Washington and "normal duties relating to White House Mr. Heckscher makes an excellent concern with the arts," including representa elsewhere who express profound regret tion at cultural functions and visits to cities point when he says: at Mr. Heckscher's decision to resign the engaged in significant cultural enterprises. There has been a growing awareness that position of Special Consultant to the "Together they add up to a body of woz:k the United States will be judged-and its President. He has remained at this task which serves a significant public interest and place in history ultimately assessed-not until two principal objectives were requires sustained and continuous atten alone by its military or economic power, but achieved, the creation of the Advisory tion." In his recommendations, Mr. Heck by the quality of its civilization. Council and the completion of the report scher urges that the post of Special Con sultant be continued and that consideration The lessons of history are quite clear on "The Arts and the National Govern be given to making it full-time. "Detailed on this point: The great civilizations ment." These are two significant day-by-day attention is necessary," he noted, have been those which have recognized achievements and Mr. Heckscher de "if governmental operations, often seemingly and encouraged the creative impulse that serves the commendation and praise of unrelated to the arts, are to be brought to is the basis for all artistic and cultural every American for his unselfish and de the standards advocated by this report." endeavors. We should never forget that voted service. Let me simply echo the Other recommendations include the es these are qualities which are uniquely closing sentence in President Kennedy's tablishment of an Advisory Council and a human and which involve the uniquely recent letter to Mr. Heckscher accepting National Arts Foundation. "What is sketched here," the report states, "• • • human capabilities of imagination, crea his resignation: could become a permanent policy giving form tivity, and abstraction. I have no question that your work in to the relationship between government and Too often the criteria observed by the these past months will be regarded as a mile the arts." Federal Government in its varied activi stone in the process by which our Govern "It is a . limited policy; for government's ties are solely functional and, as Mr. ment has begun to fulfill its responsibilities ro:e in this area must always be marginal. Heckscher points out: to our culture. It is a policy not copied after · European The public agencies seem content with the On Monday the distinguished Senator models, but keyed to the particular condi production of governmental objects which tioµs of diversity and decentralization pre- from Rhode Island [Mr. PELL] inserted vailing in· the United States." · fall below the standards set by private enter in the CONGRESSIONAL RECORD the . full prise or by European states. In stressing the roie ·of.government in the text of "The Arts and the National Gov arts Mr. Heckscher states "There. has been a Mr. Heckscher reconimerid:;; a .number _ernment" beginning on page 10938. I growing awareness t~at th·e United_States wlll of specific steps that the Federal Gov- urge .e:very Member of Congress to read be judged-and its place in history ultimate- 1963 CONGRESSIONAL RECORD - SENATE 11275 ly assessed-not alone by its military or eco trays the Government and degrades the and recognition of the importance of cul nomic power, but by the quality of its civi citizen." tural f-acilities in public works . and com lization." ~·The first requisite for improving design,.. munity development programs. Despite this awareness, the report contin Mr. Heckscher states, "is that men 1n re The report also recommended that the ues, "The condition of the professional arts sponsible posltions be encouraged to con role of the Government in developing and in the United States is not in all regards cern themselves • • • to have an awareness supporting educational television be in satisfactory • • •. A longstanding weak of the need. for the highest quality 1n all creased. ness in what might be called the cultural that the Federal Government produces or As the National Capital of the country, the infrastructure has led t.o institutions inade sponsors." city of Washington is recognized as having quately supported and managed." Other recommenda.tlons for improving de special importance in any national policy A principal emphasis of Mr. Heckscher's sign include: and program relating t.o the arts. Mr. Heck report is on the government's responsib1lity 1. The use of advisory committees com scher suggests "it should be an example to for the total environment, including "pres posed of the best professional talent, in all the rest of the country, a symbol of the ervation of the cultural heritage!' programs where design fact.ors and the arts finest in our architecture, city planning and are involved. · cultural . amenities, and achievements-a "To shape an environment which meets 2. A t.op-level advisory panel on architec symbol in fact of what the environment of the needs of men and women for a civilized tural design of public buildings. democracy ought t.o be." existence is a long-range Federal interest." 3. The vigorous implementation of the The report points out that although the Mr. Heckscher points out that "through the President's directive of May 23, 1962, on Federal_Government has traditionally been varied programs providing financial and Guiding Principles for Federal Archi-tecture. concerned with education and research, "the -technical assistance t.o private and public 4. A positive program of encouraging and arts are given a low priority." It r.ecom housing and to community development the recruiting outside talent, through competi mends that a much larger share · of the Federal Government has many such oppor tions and other means, and of recognizing Government's support to education go to the tunities and responsibilities." In particular, imagination and excellence. arts and the humanities. "The predominent he commends the increasing attention given The responsibility of the Government is emphasis given to science and engineering t.o cultural and esthetic fact.ors in the pro not discharged, Mr. Heckscher asserts, with implies a distortion of resources and values grams of the Urban Renewal Administra the mere creation ·and acquisition of works which is disturbing the academic profes tion and the various agencies concerned with of art. "To be enjoyed and appreciated by sion throughout the country." housing and urges that their importance be the people and to make the contribution they Mr. Heckscher found that "a major ob fully recognized and encouraged as a matter should to our cultural life they must be avail stacle t.o the assessment of the problems and of basic policy. able and accessible." needs of the ~rts and the formulation of "Public buildings, if they are t.o be genu The report makes a number of recom sound and realistic public policies is the inely significant, must not only be well de mendations to carry out this objective in lack of adequate up-to-date factual and signed but must be part of a setting in which both the visual and the performing arts. statistical information." To help remedy life can be lived with some sense of spacious These include: (1) a greatly expanded edu this situation, he recommends that funds ness, dignity, and esthetic delight." cational and presentation program on the be made available t.o appropriate Govern The major portion of the report is given part of Government museums and libraries ment agencies to collect basic information t.o an examination of Federal programs and so that the great resources of our national on the arts·on a much more systematic and policies as they affect the arts. In his letter collections may be made available "for the detailed basis. to the President, Mr. Heckscher emphasized benefit and enjoyment of all the people The report also dealt with the problem of that "in the course of the work it became throughout the country." (2) Increased appropriate recognition for outstandihg evident that Government policies and pro attention t.o the production of catalogues achievement or contribution to our cultural grams affecting the arts are far more varied and publications of distinction and high life and recommended that suitable forms and extensive than is generally supposed." esthetic standards; (3) much more extensive be carefully studied by the Advisory Coun In the normal course of its operations and imaginative use of public buildings for cil. Government acquires art, creates and designs graphic arts displays and distribution of In his letter to the President, Mr. Heck objects ranging from postage stamps to pub Government publications; (4) an across-the scher stressed that "in many of the areas lic buildings, and shapes the cultural and board effort t.o encourage and assist the de surveyed the major need is for greater aware-"' esthetic environment. Thus, "Government velopment of fac111ties for the performing ness of the possibilities for esthetic im is a patron of the arts. It creates a market arts throughout th.e country. · provement and of a more sharply defined Jor. thQ work of the artist; it sets an exam The creation of the National Cultural Cen responsibility t.o the arts. Increased expendi ple; • • • it is a builder on a grand scale." ter and the development of a wider-ranging tures are secondary. Elsewhere new pro "Too often, unfortunately," Mr. Heckscher and imaginative artistic program is stressed _grams and additional funds should be au notes, "the criteria observed are solely func as a key factor in helping the Governmen-t thorized, if Government's concern with the tional • • • and public agencies seem con fulfill its role in "stimulating and support arts is t.o be effectively expressed. Even tent with the production of governmental ing the performing arts throughout the these sums are comparatively small-yet a objects which fall below the standards set by country." Not only will it present the best relatively small amount of money may make private enterprise or by European States." of our professional talent but it will also all the difference between mediocrity and One recommendation of the report is that "reach out through competitions, festivals, excellence." "the Federal Government make it an objec youth programs, and commissioned works In concluding his report, Mr. Heckscher tive t.o increase substantially the number int.o the heart of the Nation's cultural life." emphasized that "Although Government's and worth of the works of art which it ac The report emphasizes the role played by role in the arts must always remain periph quires • • • If the Federal Government is general policies, such as taxation, disposi eral, with individual creativity and pri niggardly in this regard," Mr. Heckscher tion of surplus Government property, com vate support being central, that is no reason asks, "can we expect any better of our States munity development, etc., in encouraging ·why the things which the Government can or inhibiting the arts. "There is a broad properly do in this field should not be done · and municipalities?" confidently and expertly." . Specifically the report recommends that range of general Government policies which the Federal institutions concerned be given are designed t.o accomplish objectives not primarily or specifically related t.o the arts, (From the Washingt.on (D.C.) Post, June 17, the funds and mission to create collections 19~3] "truly representative" both qf our "artistic but which · do affect and concern the state heritage" and "contemporary American art"; of the arts and the position of the individual GRACE OF STATE that adequate funds be provided for the artist,_ often adversely and mainly through "Americans," H. L. Mencken once snapped, commissioning of fine arts in connection inadvertence." · "have a passion for ugliness." The assertion with public buildings; and that American Of these, Mr. Heckscher says, "the impact is no longer so persuasive. More and more art be made available to American Embassies of· the tax laws is undoubtedly the most Americans have joined in the quest for t.o help them fulfill their role as "important important." A number of specific recom beauty, whether in music, in painting or cultural outposts." mendations in regard to tax policy are made even in the unencumbered majesty of a The importance of raising and maintaining including: (1) revision of the income tax t.o national park. But the Government has design standards is stressed throughout the provide for more "realistic and equitable" lagged behind the times, and the passion for report. Mr. Heckscher cites Government treatment of the artist (2) repeal of the ugliness still sadly prevails in the entrenched posters as an example of the way in w.hich admissions ta~ (;3) extension of the 30-per fortress of the Fed~ral bureaucracy. "a seemingly utilltarian process-in this case cent ceiling on deductible contributions t.o This is what makes the special report to the commu~ication of simple facts or ideas all nonprofit cultural institutions and (4) the President on the arts and the National can be raised to the level of art." establishment as a matter of basic policy Government worth more than a routine nod. A basic assumption of the report, he says, · of complete tax deductibility for contribu The author, August Heckscher, is winding up is that good design does matter whether it be tions to nonprofit cultural organizations. . a too brief tenure as a part-time White of posters, postage stamps, or public build Other recommendations. urge the revision House consultant on the arts. In a long ings. "Everything done by the Government of the copyright laws, the maintenance of and thoughtful report, Mr. Heckscher sur bears either the marks of excellence which low postal rates for cultural materials, equal veys all the points at which the Government we like t.o think characteristic of a free and consideration with schools and libraries in touches the sphere of culture-everything great people, or else in ·some measure it be- obtaining surplus · Government property, from post office posters to tax policy. 11276 CONGRESSIONAL 'RECORD - SENATE June 20 Without proposing any alteration in. the Yet Mr. Hec:tscher wrote ·in his 'letter: coordination and liaison between the d.11rer traditional relationship between the state "Government policies and programs affect ent .goverhment agencii:!s ilivolved, and above and the artist, Mr. Heckscher argues tha,t the ing the arts are far ·more varied and exten all the abse1;1ce of. any positive policy and Government should do better what it has to sive than is generally supposed. Many Gov-. program to make our national collections do anyway in the field of arts. He &hares ernment pollcies ostensibly having nothing more available to the public." · the uncomprehending astonishment that to do wlth the arts affect them in a sub ' ADDl'rtONAL - SUGGESTIONS stantial w.ay-<>ften adversely." our best-designed public buildings should be Mr. HeckScher's report also included _the invariably reserved for foreigners. Why And in hiS report, he observed: "Often inadvertently, Government has im following major recommendations: should embassies, which few Americans see, The Government should "increase sub have grace and dignity, while the local post posed obstacles to the growth of the arts and to the well-being of the individual stantially the number and worth" of the office is so often a model or dingy medi works of art it acquires, and should estab ocrity? He points-rightly-to Dulles In artist." "Everything done by the Government," Mr. lish a great national collection of American ternational Airport as an example of what art. can be done under }:>ublic auspices to blend He<:kscher added, "bears either the marks of excellence which we like to think characteris Government art-from posters, stamps, good taste and official function. and coins to huge buildings-£hould reflect His strictures on improving the appear tic of a free and great people, or else in some measure it betrays the Go'Vernment and "a concern for esthetic standards, for the ance of Washington will be locally ap quality of good design and good workman plauded, and his warning against "a hodge degrades the citizen." The report concluded: shi}:>." podge of poorly placed and ill-designed A qualified panel should oversee the de statues and memorials" hits home. His ar "Although governnient's role in the arts must always remain peripheral. with individ sign of buildings-"the most striking and guments for dropping the 10-percent Federal enduring objects created by Government.'' admissions tax on theater tickets are persua ual creativity and private support being central, that is no reason why the things Esthetic as well as functional standards sive. So is his case against the present pro should apply to public housing and other posal to set a limit on charitable deduction which the Government can properly do in this field should not be done confidently and federally supported projects. provisions in the new income tax law. As Where possible, Government buildings an author himself, Mr. Heckscher speaks expertly." . This reflected Mr. Heckscher's view that should include auditoriums suitable for the with special warmth about the injustice of arts. a tax system that allows, at :tnost, a 8-year the Government's major concerns in the arts arose from programs it was already conduct Funds should be furnished for oversea income spread for royalt1es Oli a book that showings of American programs. a writer may have tak-en a decade to com ing, such as the construction of buildings. Though he suggested many new activities, Support of research and education in the plete. arts should be increased. But we doubt whether the Govermrtent few involved 'lmbsidles to artists or other :forms of direct patronage. Tax laws ought to permit artists to aver should, as Mr. Heckscher _suggests, give some age their incomes over a number of years. kind of awards for excellence in the arts. Mr. Heckscher reserved the capital for spe cial criticism and a major portion of his Theater tickets should be tax free, and con We have prizes eno'Ugh already, tl.nd a presi tributions should remain. fully tax deduct dent1al medal might smack of the same report. "The original conception of the city was ible. statist paternallsm a:s the Lenln Prize. We The President's Advisory Council on the -emphatically agree, howevet, that the office in e~ery sense magnificent," he wrot~. "but for long periods Washington was allowed to Arts :should report periodically on the ad of consultant in the arts should be perma vance t>r decline of cultural and artistic hent antl l)referably combined with the grow without order, design or a true appre ciation of its esthMic potentialities. Federal television programing. 'Chairmanship of the ahbut-t6-be-tormed E~ucationhl television. ought to be encour Councll on the Arts. Mr. Heckscher's 6Wn architecture has been largely second rate, useful report supports his recommendation. with the new State Department building aged as a source of quality programing. standing as a particular monument to false A national arts foundation should provide functionalistn. and false grandeur." grants-ln'-aid to States and to institutions of (From the New York (N.Y.) Times, June 17, the arts, 1963] PLANiolI~G HELD OBSOLETE U.S. ROLE IN ARTS CALLED NARROW IN HECK• Washington, he said, has outgrown. "not SCHER REPORT TO KENNEDY only the original plan but also the politica1 and aaministrative ·system which has been "THE BEAUTY OF MAINE"-POEM (By Torn. Wicker) relied on to date to guide its development and BY JERRY L. PEARCE W ASHINGTONJ June 16.-An 80-page report lnaintain its distinction/' Mrs. SMITH. Mr. President, Mr. Jerry sweepingly critical of the Government's ·at He listed seven agencies and commissions titude toward the arts was made public to that have jurisdiction over buildings and L. Pearce, of 12041 Claridge Road, day by the White House. other fine arts in Washington. He charged Wheaton, Md., last year went to Damari The critique was submitted by August that overlapping resulted, and he suggested scotta, Maine, on a research assignment Heckscher, President Kennedy's special con "an imaginative new approach which will for the Research Analysis Corp., of Be sultant on the arts. It llsted steps by which realize th" concept of a capital city fully thesda, Md. His time was spent at the Washington might foster high cultural expressing the standards and values of the Lincoln Academy there. standards. Replying to Mr. Heckscher, the Nation." He found Maine to be such a wonderful President wrote: · Mr. Heckscher urged that Washington's "Your report opens up what I am confident planned National Cultural Center function place that he has written a lovely poem will be a new and fruitful relationship be not just locally but as an example to other about the loveliness of Maine and the tween Government and the arts:• -cities-in providing wide cultural opportuni warmth and character of Maine people. Mr. Heckscher's report was accompanied ties and in demonstrating how government, This past Saturday he delivered to me by his resignation from the part-time post, community and private agencies can work that poem in a mounted, beautiful not as a protest but because he bad served together. graphic art form. While I cannot convey more than twice as long as the 6 months to HINTS ON U.S. ERRORS the beauty of that graphic art form to which he had agreed. Again and again, Mr. . Heckscher hinted, Senators, I can present the poem to The resignation evoked a response from through his recommendations, at . adverse Mr. Kennedy headed "Dear Augie." The let Government influence. For example, he them. ter said, "The best tribute to the success of wrote: It is in this spirit that I ask unani your work is the decision to establish this "The Department of Justice should make mous consent that the poem of Mr. function on a full-time and, I hope, perma every effort to put into effect simpler and Pearce be placed in the body of the nent basis." more realistic entry requirements, thus en RECORD at this point. Mr. Heckscher was appointed in March couraging the holding in this country of in There belng no objection, the poem 1962, as the first cultural coordinator be ternational conferences, competitions, and tween the President and governmental and festivals. was ordered to be printed in the RECORD, private agencies. A successor to Mr. Heck "It must be hoped that ways will be found as follows: scher, who is director of the 20th Oentury for providing the funds which other coun Lying in the haze of midsummer days Fund, is expected to be named soon. · tries authorize for hospitality to foreign Are these misty isles of Maine Mr. Heckscher couched his report in terms -visitors at such gatherings. At present, due And the sweetness in the air, should your of how the Government should stimulate largely to legislative obstacles and stringen fancy take you there, artistic achievement, make the lot of artists cies, international groups rarely meet within You may search for, but may never find easier, and improve American esthetic values. the United States." again. But the sweep of his recommendations ?ccasionally the report was more directly There's a quietne.ss in the people, from the design of r.ecruitment posters to critical-as in remarks on displays of visual A gentle strength that doth belie the architecture of governmental buildings, and graphic arts: "As a practical matter," The firmness in their handshake from tax policies to critical evaluation of he -wrote, "they are generally inadequate and As they look you in the .eye, television programing-pointed to the nar haphazard." For the faith they've ·been endowed with row limits within which Mr. Heckscher The report cited lack of funds, limited ex Is like this coast, rockbound, found the Government's cultural efforts. hibit spaces, duplication and ineffective So steadfast, sure, you'll come to know 1963 CONGRESSIONAL RECORD - SENATE 11277 That this is hallowed ground. . a column entitled "McNamara Pushes Also of fundamental importance has been For with thoughtful hand, seen everywhere, War on Waste" which appeared in the Mr. McNamara's drive to change the method God shaped this land with loving care of awarding defense contracts from nego That you and I might understand Washington Star of June 19, 1963, by the tiation and cost-plus-fixed-fee to formal or Why it is called "Vacationland." well-known and · very capable economic competitive bidding wherever feasible. · -Jerry L. Pearce. columnist, Sylvia Porter. In 1962, almost 87 percent of all military The article describes the cost-reduc purchases were still by negotiation. The tion program which Secretary McNa estimate is that 25 cents can be saved on THE NATIONAL SERVICE PROGRAM mara has launched which is expected to each dollar shifted from noncompetitive to create annual savings to over $3.4 billion competitive buying and that shifts underway Mr. KENNEDY. Mr. P1·esident, on wlll be saving nearly $500 m1llion a year by June 4, an editorial appeared in the by fiscal 1965. After hearing Secretary fl.seal 1966. The changes are starting. In Boston Herald discussing the necessity McNamara's testimony before the Pro 1961, only 15 percent of aircraft spare parts and importance of a domestic version of curement Subcommittee of the Joint were bought competitively; in 1962, the per the Peace Corps, called the National Economic Committee, I am sure the ob centage was doubled to 30 percent, and the Service program. The timing of this jective will be reached and e~ceeded. trend is upward. article coincides with hearings that have I think, Mr. President, that all Mem The cost-cutting probe ls touching the bers who are interested in defense and most delicate areas---dupllcate weapon sys been held in subcommittees of both the tems, research and development. As a dra Senate and the House of Representatives. fiscal responsibility should give unstinted matic illustration of what this can mean, As a member of the Senate subcommit support to the cost-reduction program basic to the now famous controversy over tee, I have been able to study the pro which Secretary McNamara has begun the TFX experimental tactical fighter plane posal. I certainly -believe that this pro even though their own prize oxen may is not just the question of awarding of de gram would render an invaluable service, be gored from time to time. fense contracts. Basic is the fact that Mr. and be well worth the small appro I ask unanimous consent to insert the McNamara chose General Dynamics over Boe priation being asked of Congress. ing because he insists that the General Dy column in the RECORD. namics design was closer to a. "common I think that it would be valuable if There being no objection, the column plane" usable both by the Air Force and Navy this editorial were widely read, and was ordered to be printed in the RECORD, and that Boeing's design actually was two dif therefore, I . ask unanimous consent to as follows: ferent planes which would have made an have it printed in the RECORD. MCNAMARA PUSHES WAR ON WASTE award to Boeing far more costly, There being no objection, the editorial SENATORS GRATIFIED was ordered to be printed in the RECORD, (By Sylvia Porter) as follows:- "I personally consider you to be a great The Defense Department is asking today Secretary of Defense," Senator DOUGLAS, not only, "What wm it cost?" but also, "Is it PEAcE CORPS AT HOME Democrat, of Ill1nols, and chairman of the worth it?" and, "Are we buying only what In the summer of 1961 a number of doubt Senate Subcommittee on Defense Procure we need?" This is why Senator DOUGLAS and ing Congressmen expressed the wish that in ment, said to Secretary of Defense Robert S. his committee are so "extremely gratified" stead of sending the newfangled Peace Corps McNamara. and Senator DOUGLAS said a. few days ago "a overseas we try it out at home. Impelled by "Yours is a.n extraordinary achievement," good beginning has a.t long last been a. fear of amateur meddling in sensitive over Senator JAvrrs, Republican, of New York, a made • • • to make the economies which sea posts, they thought we could judge the committee member, said to Mr. McNamara. a.re desirable and possible." new idea by seeing it at work in our own "You're an unusual Secretary of Defense," Involved in the size and content of the backyard. Senator PRoxMmE, Democrat, of Wisconsin, 1964 defense budget will be even more than The oversea corps, despite setbacks and another committee member, said. our military power and economic strength. unexpected dfficulties, electrified jaded world Also deeply ~ntwlned wlll be the fate of tax Why this praise from economy-conscious reduction-reform, for many Congressmen travelers with its sincerity, its ambitiousness, Senators in view of the fact that Mr. McNa and its commonsense approach to the com really mean it when they say they'll vote l!lara has submitted the biggest pe~~time against tax cuts unless there are signs the mon man. defense budget ever? Because Mr. McNamara This past week hearings by subcommittees budget ls being controlled. openly agrees with the Senators that there ls The schedules today indicate the defense in both Houses of Congress explored the enormous waste, duplication and extrava merits of a domestic version of the Peace budget and the tax bill will be reaching cru gance in the defense budget; because he has cial congressional voting dates around the Corps--the National Service Program. initiated major new programs to cut the ex Witnesses testified on the remarkable sim cesses; because programs he has launched same time-which wm dramatize Mr. Mc ilarity of the problems facing 32 million are already producing annual savings of $1.9 Namara's war on scandalous waste. Americans--the poor, the sick, the weak, the b1111on and Mr. McNamara expects to step up the unmotivated. Indian experts, migratory the rate of annual saving to over $3.4 billion worker experts, slum-school experts, all testi by fiscal 1965; because he has had the cour RESPONSIBILITY FOR INTEGRA• fied on the need for person-to-person work age to put through reorganizations which, TION RIOTS with these 32 mlllion. in the words of an earlier Defense Secretary, Mr. THURMOND. Mr. President, We cannot wait on the progress made by are "no more painful than backing into a our social workers, teachers, and community there has been much speculation 1·e compassionates. Their mighty efforts are, in buzz saw." cently whether or not the Communists a way, a hard run to keep from losing ground. Mr. McNamara isn't promising that the de fense budget won't rise to alltime peaks are involved in the present integration The free economic system that gives the race riots. A study of Communist tech to the swiftest, cannot abandon those that on the contrary. He is, though, trying to do not or cannot run as well as the rest. A curb the costs of defense by eliminating bad niques reveals that the pattern is being free enterprise system, like all others, is practices and malpractices-in the face of followed throughout the United States. judged by how it performs for all of the stern opposition and dedication to the tradi The Communists realistically go to the people. tional ways of doing things in the Defense neart of the matter in a way which indi The selfless efforts of idealistic Americans Department. Thus, the compliments of the viduals can understand and act upon. offer ways to communicate with our less budget-cutting Senators. Lunch counters are a good example fortunate brethren that paid professional METHODS OUTLINED since this is a way people can grasp that cannot. Perhaps a young National Service Mr. McNamara's most significant single abstract ideal called freedom. Also, it recruit can motivate a slum child where a · cost-cutting move has been the creation of gives them something specific to do. teacher cannot. Perhaps a Federal corps of the Defense Supply Agency to buy, stock and volunteers can give personal warmth to our sell supplies common to all the services. The political actionists behind the ineffective migrant worker programs and In By weeding out excess inventory items lunch-counter movement have realisti dian projects. the Defense Department has 4 million items cally geared their propaganda aims to As Congress debates this new legislation, valued at $40.6 billion, of which $18 b1llion practical power goals. They have estab the opinions of those at home can g\lide is excess or "long stocks"-by slashing sur lished the following: their thinking. A domestic version of the pluses and by controlling purchases, the De First. A devoted and fanatical follow oversea Peace Corps ls worth a try. Why fense Supply Agency, Mr. McNamara says, is not tell your Congressmen where you stand? ing for certain organizations such as saving $1 · million a week over the previous NAACP and CORE. system. A minor but memorable illustra Second. A pattern of internal rioting tion: In 1961, each service was buying a dif which can be activated to coincide with McNAMARA PUSHES WAR ON ferent type of butcher _smock in several an international crisis or a controversial WASTE sizes, a total of 18 different inventory items; today, the services stock only 2 types move in foreign policy. Mr. DOUGLAS. Mr. President, I wish in fewer sizes, a total of 7 different inven Third. Precedents for shifting juris to bring to the attention of this body tory items. diction of most local laws from local 11278 CONGRESSIONAL RECORD - S:ENATE June 20 courts to Federal courts by enlarging the ness, and discipline have marked the youths' SOUTHERN WHITE SUPPORT legal definition of civil rights. efforts. They have had to face school Many commentators have noted the rise of expulsions, 2,000 arrests, bombings, beatings, southern white supporting actions, especially Fourth. Legal, social, and political fire hoses, and tear gas. Truly they are precedents for using the Anny against by white college students. In every city in participants in a movement that will not stop which there ls a white college as well as a. the citizenry. till full equality is won and the unfinished Negro one, at least a small number of white Fifth. A change in the emphasis of bourgeois democratic tasks of the Civil War youth have come forward in public support. the law from "do not" to "do." are completed. About 60 of them have been arrested for Sixth. A transformation of our Gov There are a number of factors contribut participation. They have suffered all sorts ing to the scope and depth of the movement. of pressure. But still they help picket, sit-in, ernment from representative of the In their own explanations Negro students citizens' join marches, circulate petitions, etc. Many morality to director of the citi point to the 1954 Supreme Court decision do it from religious motives, ,others because zens' morality. and growing loss of confidence that this or of their political concepts of democracy. The leadership of these domestic dis other forms of Federal intervention alone The large number of northern students on turbances seem unconcerned that al were going to make a substantial change. southern white campuses have had an im though they gain the ability to sit at a Magnificent African freedom struggles in pact. lunch counter, they, along with the rest spired them. The Montgomery bus boy One young women said she could not be of us, may lose more freedoms than they cott familiarized them With direct action and a hypocrite, believing in democracy and not passive resistance techniques of struggle. acting for it. She underwent severe per gain. Lack of jobs in their chosen fields for grow sonal pressure. A growing number believe The Paris edition of the New York ing numbers of college graduates convinced there is only -0ne way to end the strife that Times for May 31, 1963, cariied a front them they had little to lose. The youth ls upsetting their lives. It will end when page story about the classes of instruc marches gave Negro youth experience with the Negro people have full equality. The tion conducted in Jackson, Miss., for organization and knowledge that support sooner that occurs the sooner passions will from the North could be obtained. Finally, cool and tensions reduce. A sociology stu persons who were to participate in dem Eisenhower's pretensions of democracy and onstrations. These classes included in dent speaks of the economic insanity of freedom on his world junkets such as to segregation in Virginia, trying to support structions, according to this report, on South America stuck in the craw. three school systems, etc. But as yet no such things as how to knock a white girl Some lunch counters in 28 cities have de important forms of South-wide white youth off a restaurant chair. The instructor on segregated but the prospects are for a long support have developed. street riots directed the students not to hard fight. The monopoly press ls giving tense up or they would receive the full little coverage today but the sit-ins continue, NORTHERN SUPPORT Large-scale northern supporting actions impact of the blows. even . gaining in strength in Baltimore and elsewhere despite .the summer period.1 in the form of picketing of Woolworth's We have all seen the pictures of riots Throughout the South seminars and other mass marches, meetings, circulation of SCLC by youth in South Korea, Turkey, and preparations are taking place for a bigger petitions and Congress of Racial Equality Japan. The tactics we are witnessing in push in the fall. There are plans to apply (CORE). post cards, organization resolutions, the current Negro demonstrations and the same techniques to the fight for voting fund raising have gone on for months. riots are familiar. The similarities are rights. Trade union locals, the NAACP, and church The main problem of the movement ls to groups have been active. But the greatest striking. mass support has come from college students. For those who are not familiar with gain adequate support from potential allies. Here some suggestions Will be made with Perhaps 50,000 students at 130 schools have the nature of Communist interest in the respect to internal weaknesses; of course, one actively participated. On May 17 the Gov riots by youth and the tactics used, makes suggestions of this kind With the ut ernor of Wisconsin addressed the second there is an enlightening article in the most hum111ty considering the magnificent university rally. Mass marches and meetings August 1960 issue of Political Affairs, scope of the movement. involving thousands each have taken place one of the Communist Party organs. 1. At Raleigh, N.C., on April 15-17 the in Detroit, Cleveland, Columbus, New York, Every American, and particularly every Student Non-Violent Coordinating Commit Boston, and elsewhere. Mass picketing has Member of the .Congress, should read tee was formed under the leadership of the been notable in Chicago, Philadelphia, New Southern Christian Leadership Conference York, and Boston. In Chicago, Philadelphia, this article, entitled "American Youth and Detroit picketing centers around NAACP on the Move," which is nothing less than (SCLC), led by Reverend King. It repre sented a high point of unity but stm did not and church teenage groups the NAACP a Communist blueprint for conquest. I, fully reflect the scope of the movement. reaches. Elsewhere picketing has been based therefore, ask unanimous consent that Many States, schools and organizations were on college students and white teenagers from this article be printed in the body of not included. Divisive tendencies between liberal and progressive middle-class back the RECORD. SCLC and NAACP came to the fore. On many grounds. southern Negro campuses, NAACP forces While engaging in supporting actions, stu There being no objection, the article dents on many campuses are giving their was ordered to be printed in the RECORD, played the Initiating role despite early tend encies of the national organzlation to stand own campuses a long look. Resulting ac as follows: aloof. A much more inclusive movement tions have knocked out discrimination in a AMERICAN YOUTH ON THE MOVE united by a coordinating organization is number of fraternities, in campus housing, and in other areas. (By Dan Ross) needed to realize the full potential. Struggle Recently the world has marvelled at the against those who resist mass action should FUTURE POSSIBD..ITIES magnificent mass action of youth and stu be within the framework of keeping unity Throughout this period the National Stu dents in South Korea, Turkey, and Japan. with them. dent Christian Federation (NSCF) and the U.S. youth are also on the move, though not 2. There ls need for a declaration of prin National Student Association (NSA), the as fully as in those countries. In numbers, ciples capable of embracing all sections of official organization of student governments, militancy, and self-sacrifice, the present the movement and ideologically winning new have played a spurring and unifying role. movements in the United States can be com adherents. The statement of principles of The NSA Washington Conference represented pared only with the youth activities of the the Raleigh Conference organization ls ac a high point of unity and mobilization. But 1930's. What are these movements? Why ceptable only to thorough-going philosoph its 180 delegates fell far short of the expected have they developed at this time? What ls ical pacifists. More appropriate are the gen number and of the potential. What is re their significance? What are their pros eral p.rinciples of the Atlanta Appeal for quired is for all major campus organizations pects? What contribution can Communists Human Rights. North and South and all major youth or and progressives make to them? This article 3. Lacking experience with Communists, ganizations that have endorsed the struggle Will make a start at such an examination. Negro students still accept propaganda that to call jointly a nationwide conference on Communists are a hindrance. this question. Suc_:h a conference could bring THE SIT•INS 4. Lastly, concrete political action on a together experiences and plan a massive First, and foremost, o:f course, ls the sit-in mass scale ls weak. It is needed so that mas assault on Jim Crow by young people. NSA movement begun February 1 in Greensboro, sive Federal intervention wlll prevent vio alone cannot be successful with such a N.C. There is no need to repeat here the project. analysis and reporting of recent Political lence and compel the enforcement of the Constitution. Another need of the movement is political Affairs articles on the sit-ins. A :few sum action. Except for White House actions by mary figures and conclusions Will suffice. In the fall, the situation will sharpen up Howard and Amherst students an a few AB many as 200,000 southern Negroes have greatly with renewed public school integra other examples, the attitude has been that participated in sit-ms, picketing, mass tion fights, lunch counter sit-ins and voter little can be gqtten out of the Federal Gov marches, and meetings. Negro students from registration actions. ernment that will really help. A new youth some 60 colleges and a score of high schools march on a much higher and even more mass have supplied the manpower and punch 1 Just before going to press, lunch counters level following the sit-ins .and Just prior to for the actions in nearly 100 communities. were desegregated in Greensboro, N.C., and election day ls . n~ed as are other forms of Qualities of heroism, determination, selfless- in Norfolk, Va.-Ed. political action. 1963 CONGRESSIONAL RECORD - SENATE 11279 Mass picketing has not rea.ched its fullest dent lobbies have been effective. A number ulated by the return of the vets, American possible extent in most areas. Many church of political figures, as a -result, have called youth engaged 1n a number of signiftcant and civic groups have not been involved. for -repeal. The danger exists, as indicated struggles for peace, over academic conditions For northern pi<:keting to continue and ex in· the Prouty- Amendment to the National ·and in the political arena. With hindsight pand, participants must be convinced it is Defense Education Act, already passed by the we can now say that these were rearguard 1n their self-interest, it is their highest moral Senate, that legislation will be enacted mak actions aimed at limiting the advance of re duty and it is economic pressure that can ing provisions worse, while appearing to meet action and its policies and at preserving the win against outfits like Woolworth's who a.re the objections. · democratic · and progressive forces in good not Just innocents in the middle. Picketing Another broad movement has developed on order for future offensive action. The sig must be backed up by other mass forms like nearly 60 campuses in opposition to com niflcant youth fights against McCarthyism petitions, post cards and rallies, student pulsory ROTC. Mass actions such as the and for academic freedom in the early 1950's, stoppages and by action on local questions rally of 600 students at Lafayette College in though a new high point, were essentially of Jim Crow. Pennsylvania occurred. At Rutgers com defensive. Th.en :followed in the late 1950's PEACE ACI"IVITY pulsory ROTC was dropped. The Army tried a period of groping for new directions and Peace activities by youth increased con to meet objections by reducing time spent ripples of new offensive action for youth's siderably. Young people have circulated pe on strictly mllitary subjects, but the move needs. titions to promote summit success, had ment goes on. On February 1, 1960, with the Greensboro various educational meetings on campus fo In New York a sizable protest against the sit-ins, the offensive of American youth for cusing on the summit issues, etc. In Los An high school graduation loyalty oath has their needs began in earnest and is now geles and Minnesota peace marches of several developed. developing. The factors contributing to the hundred youth were held. Student Commit Out of movements by youth on other issues turn are several. Problems confronting cer tee for a Sa.ne Nuclear Policy (Sane) and sim have grown several academic freedom tain sections of the youth have been accu lla.r campus groups have shown some growth. struggles. Such struggles arose out of the mulating and sharpening. The problem of At Temple University, Philadelphia, the cam sit-in movements and the expulsion of stu jobs for Negro college graduates has been pus paper reported an exchange of letters dents such as Reverend Lawson at Vander mentioned. Job training and Job prospect with Tashkent, U.S.S.R. on what youth can do bilt. Out of the World Youth Festival ac problems have sharpeped, with widespread for peace. After much resistance, NSA has tivities grew the House committee attacks youth unemployment among the growing organized tours of socialist lands and student and resulting protests. Out of the civil de permanent army of unemployed. Negro exchanges with Poland and the U.S.S.R. The fense protest grew acadamic :freedom fights teenagers, due to discrimination, have faced American Friends Service Committee {AFSC) at Brooklyn College and elsewhere. As the that problem even more severely. Getting and Soviet Committee of Youth Organiza movements of youth for their needs grow, at a decent college education that enables a. tions have arranged peace seminars in both tacks that try to keep the lid on can be student to compete in a tougher Job market countries. NSA has even broken with its expected to increase. These youth actions has been a. problem that compulsory ROTC, strict State Department position by endors also run into repressive measures remaining National Defense Education Act loyalty oaths, ing an end to testing nuclear weapons. from the McCarthy period. What la new is etc., have not made easier. Continuing war Nearly 500 college and high school students that young people are acting anyway and are tensions and interference in a. young per 1n New York refused to obey Civil Defense even beginning to remove some longstand son's life by mmtary service has been an regulations to take cover. A peace forum or ing obstacles to democratic action. other problem. Young people have not been ganized by Advance, New York socialist youth These have been the most important areas able to escape the growing feeling that some group, drew 300 youth. A number of foreign of youth action. Some others bear men thing is wrong in our country. Continual students as well as an Americans for Demo tion-notably the support of Portland College revelations of corruption and double stand cratic Action (ADA) and AFSC student students to the newspaper strikers and of ards have undermined their confidence in spoke. Philadelphia youth 1n collecting food and the life of their society. Our international A form of student peace sentiment has circulating post cards to support the steel stature has been declining. The large num arisen 1n wide support of congressional bills strikers. ber of youth afflicted with emotional dis for a Point 4 Youth Corps. This plan pro SEARCH FOR BASIC ANSWERS turbances and demoralization have been vides that instead of going Into the Armed Along with these actions on youth's needs, signs of the problems and uneasiness. Forces, students would go to newly Independ an increased searching for radical solutions College students especially, living more ent countries as technical aids. The argu to our country's ills is developing. The Chal among those who spend time analyzing the ment is that we do not need so many soldiers lenge Collegiate Forum in New England is society we live in and more in contact with and this would be more valuable to our for one example. SOCial problem discussion foreign students and International views of eign policy. groups, Marxist study groups and classes have our country, have begun searching for some There was major youth attendance at the grown. In a few places left student campus answers and means to put deeds into line Madison Square Garden Sane rally, the San political parties have emerged. Speakers with pretensions. Being young and not so Francisco Little Summit and Chicago Uni from the Communist Party are being invited hardened to the hypocrisy of our public life, versity Peace Forum. to campuses more frequently and are getting they were in search of a. cause in which they Despite the increase in activity, peace ac a better response. could have confidence. The struggle for tivity ls still limited to left, pacifist and a In the absence of alternatives, a number human dignity, :for full equality for the few liberal and .religious youth on the cam of youth with a positive orientation to the Negro people became that cause for many. pus and 1n some high schools. Peace or lands of socialism, to Marxism and who are Its morality was certain since it is one of ganizations are still unstable and weak. friendly or not anti-Communist have drifted the great worldwide moral issues to which But new sections of youth are beginning to into the Young People's Socialist League even our Government gives llpservice. Ac feel something may be wrong with a U.S. (YPSL). YPSL is the youth organization tions by students around the world for free foreign policy that is isolating our country. of the Socialist Party Social-Democratic dom and democracy prepared American stu The cold war continues with respect to Federation. dents to take social responsibility and break contacts by major U.S. youth organizations A smaller number have Joined the Young with the recent tradition of the isolated and their international federations. Coor Socialist Alliance or supported their news ivory tower. .In economic terms, southern dinating Secretariat (CO-SEC> on the stu paper, the Young Socialist. The line of this Negro students had little to lose. Northern dent level and World Assembly of Youth organization is Trotskyite, publicly support students, McCarthyism being in ill repute, (WAY) for all youth. Aside from the AFSC, ing the political position and candidates of began to follow the lead of the southern organizations like NSA, the Y's and the · the Socialist Wor.kers Party. They continue students and lose their fears of acting. Young Adult Council o! the National Social their main function in life of trying to win The struggle for Negro rights has now be Welfare Assembly (YAC) have not responded or split the genuine Marxist left. Due to their opposition to peaceful coexistence and come a lever for struggle on other fronts. positively to the World Youth Forum pro It has given experience in struggle, reduced posal of the Committee of Soviet Youth Or their denial that the Socialist lands are So cialist and splitting tactics in the mass move fears and given hope for success. ganizations. The forum is to encourage an While the number of youth who not only exchange of views by all youth organiza ment they do not hold many youth for long. But they do disorient some and drive them are dissatisfied with our foreign policy but tions of the world on peace and other prob also are convinced of positive alternatives is lems of youth. from all progressive activity. As part of the revitalization of left youth, still limited, it is growing. Recent events CIVIL LmERTIES STRUGGLES a number of essentially positive publications demonstrating the bankruptcy of those A number of very significant struggles for are developing. These include the academ pollcies undoubtedly will prepare more youth democratic liberties has taken place. Most ically oriented Studies on the Left from the for peace action. dramatic are the San Francisco mass pro University of Wisconsin, a new academic SOCIAL COMPOSITION tests against the House un-Americans, the journal of radical thought from the Univer So far the movements of youth have cen police attacks and the response of the col sity of Chicago and the significant new gen tered around college students, especially lege youth Involved. eral youth newspaper, New Horizons for Negro students. There has been consider Well over a hundred schools protested the Youth. able motion also by high school students. loyalty-oath requirements of the National WHY THE UPSURGE? Negro teenagers have been active in some Defense Education Act. Many schools re What explains this upsurge among youth places on the sit-ins. While liberal and fused to take money under the act. Stu- at this time? Following World War II, stim- progressive middle class teenagers h ave acted CIX-710 11280 CONGRESSIONAL RECORD-. SENA:'i::E June 20 on the sit-ins, the peace question, and in de- for struggle .within that unity for an orien ment and our leadership, hide their real fense of democratic· liberties. · tation toward labor and basic sections of purpose under high sounding titles made Among working youth there has been 10: youth, for a policy of consistent mass ca.lized activity for Job training and for struggle, for political action and against di up of words like "American," "Chris recreation. Too · often young workers have visive tendencies; (3) showing who are the tian " "freedom " and · "crusade." On shown backwardness on the need and role enemies and who are the friends of youth's thfa 'basis, the:v. ~laim to be religious or of unions, but in a number of local strike needs; (4) more radical immediate solutions educational institutions, and therefore situations in electrical, hospital, and in the when the situation requires; (5) propaganda eligible to financing by tax-exempt in big steel strike younger workers have been and agitation for socialism which offers the come, despite the fact that our tax laws among the stanchest. only lasting full solution for youth's prob make such income available to a religious Youth struggles are weak among working lems. or educational association only if no sub youth, among teenagers who are not going It is easier to split a movement with Red to college and, in many places, among baiting when there is no substantial stantial part of its activities is devoted Negro teenagers. Until that situation Communist force to· show in life what Com "to carrying on propaganda." changes youth actions will be inconsistent, munists really stand for. For all these rea The brand of tax-supported education somewhat unclear in direction and limited sons a strong and growing left current is being forced on the American people by in their mass struggle character. But that required. these organizations, and the extent to does not mean we should give up major at Communist and progressive youth have which it is financed by tax-exempt dol tention to that which is moving in order to been giving a good account of themselves in lars was discussed with eloquence, force, concentrate on basic sections of the youth. all the youth struggles mentioned. But and courage by the distinguished junior It will not be easy to set these sections of they exist in too few places. What they youth in motion. Most organizations, in have achieved only serves to point up the Senator from Oregon [Mrs. NEUBERGER] cluding the churches, report a lack of work tragedy and error of repeated dissolutions of . at the Northwest Regional Conference of ing youth membership and an absence of Marxist-oriented youth organizations. Dis COPE in Portland last month, and I ask special forms of organization of these youth. solution is easy, but it does not provide cor that her speech entitled "Tax-Supported A growing and powerful movement among rection or improvement. Building anew is Propaganda" be placed in the CoNGRES college students and some teenagers can be a most difficult. SIONAL RECORD. big lever in moving other sections of the What are some of the obstacles to in There being no objection, the speech youth who will be influenced by their ex creasing rapidly the number of Communist and organized progressive youth? was ordered to be printed in the RECORD, ample. In. those places where large-scale as follows: Negro teenage a.lid working youth participa 1. Adults, swamped with their own prob tion in the sit-ins has occurred, it usually lems, are leaving nearly all of the job to the TAX SUPPORTED PROPAGANDA resulted from college students and their or few youth and even fewer experienced youth. (Speech of Senator MAURINE B. NEUBERGER, ganizations approaching church youth Adults give insufficient attention to issues at COPE Northwest Regional Conference, groups and others and asking them to of concern to youth, to developing youth Portland, Oreg., May 26, 1968) join in. · contacts, etc. 2. Adults, feeling the lack of younger, more Pollyanna was determined to find some YOUTH AND THE ANTIMONOPOLY COALITION vigorous people, tend to draw youth away good in everything and everybody--so much Youth activities can be a lever in increas from the key focuses of youth activity. This so that the term "Pollyanna" has come to ing forward-looking motion among adults. is done by taking most of youth's time with characterize those perpetually cheery souls, This can come from youth groups approach meetings and activities that grow out of the we all know them, who profess to find a good ing adults and asking for help on given focus of adult developments. In the special side to even the blackest day-like the good problems. It can also come from adult instances when such involvement of youth people who always insist that though Musso community organizations and trade unions is correct, youth aspects and forms of ur lini was a villain, he did make the railroad focusing on conditions facing youth such as ganization around general issues are over trains run on time. the condition of our schools, lack of Job looked. I don't meet many Pollyannas in my daily deliberations. I usually have to listen to the training and Job opportunities, what to do 3. Sometimes in fear of having more work dumped on them, adults dampen the initia prophets of gloom and despair. But the positively about Juvenile delinquency, etc. other day I was discussing the activities of Parents are often ready to move on their· tive of youth and then cover that up with big political theories. the John Birch Society with a colleague who children's behalf before they will move for argued, tongue in cheek, that even the John themselves. 4. Weaknesses exist in the education of Birch Society had its good points. All in all, mass movements of youth for Communist and progressive youth. Not First, he argued, by now, most Americans their needs are already an important factor enough energy is devoted to this work. Such who spend at least part of the day awake, in the developing antimonopoly people's education must include character building know the John Birch Society for what it coalition and can become even more im the combating of the destructive influences really is: a maniacal sect dedicated to a re portant. More and more youth are becom of our capitalist environment that produce turn to a 19th-century economy and repeal ing aware that it is Woolworth's monopoly competitive, opportunist and individualist of the Bill of Rights. Not that the society in the sit-in field and other big monopolies traits, and building in their place working was eager to publicize its malicious wares, in the Jobs and peace fields that are the class standards of conduct. but because its founder and patron oracle, obstacles. The support of union locals for All progressive adults and youth must Robert Welch, stumbled into the glare of the youth marches and sit-in picketing and make it their responsibility to act boldly to public exposure 2 years ago with his accusa the few examples of union concern for Job increase rapidly the number of Communist tion that Eisenhower was a Communist. training and education begin to teach youth and organized progressive youth. It is pos And that was too much for any rational that labor can be their best ally. More sible to do that today. Every adult must American, left, right, or center, to stomach. activity by unions and special youth forms think over all the youth he or she knows Consequently, the society's name has become of organization, like sons and daughters and put them in contact with the organized a warning flag to thinking Americans that clubs, apprentice clubs, are · needed to youth. Where that is not possible, adults any message associated with it is tainted by strengthen the labor-youth alliance and should aid in formation of new study groups, a distorted and perverted view of man, eco positively influence the direction of youth's classes, action groups, etc. Financial and nomics and society. That was one "good rebellion. While building strong alliances, all other kinds of support by adults is needed thing" about the John Birch Society. youth must also have their own independent for the many progressive youth activities now The second "good thing" he had to say organizations if they are to develop most in existence. This is a crucial matter for about the John Birch Society was that at rapidly as a part of the antimonopoly the future of our movement and of our least the Federal Government didn't sub coalition. country. sidize it. CHIEF WEAKNESS I find it hard to dismiss that lightly, an Probably the greatest weakness in the en insidious cancer that ha-s infected many tire youth field is the small size of the TAX-SUPPORTED PROPAGANDA OF otherwise well-intentioned Americans. But Communist youth and organized progressive BIRCH-TYPE SOCIETIES-SPEECH he did have a point: although the Govern youth. While they are growing in number BY SENATOR MAURINE NEU ment doesn't contribute to the John Birch they grow not nearly as fast as the mass BERGER Society, you and I unwittingly, and certainly movement. As a result many possibilities involuntarily, as taxpayers, are indirectly for democratic developments are not taken Mr. MOSS. Mr. President, what most financing millions of dollars of Birch-type hold of. At a certain ·point this weakness people do not realize when they read or propaganda put out by less well-known but can become crucial to the · mass movement. listen to some of the malicious propa equally vicious organizations. Weaknesses appearing along the line of de ganda of the radical right is that all of Our tax laws make tax-exempt, income velopment may become crucial to any fur us are probably paying for it. contributed to any organization "organized ther advance. Communist youth especially, and operated exclusively for religious • • • and other left youth, have special contribu Many of the Birch-type societies, or educational purposes" as long as "no sub tions to make based on their class and world which are flooding the country with hate stantial part of its activities • • • is carry outlook. These include: ( 1) the possibility literature and lies in an effort to under ing on propaganda." Propaganda, inciden and need for the widest unity; (2) the need mine confidence in our form of govern- tally, is defined by Webster's as "Any 1963 'CONGRESSIONAL RECORD - SENATE 11281 organized or cone{lrted group, effort, or move"' Edison · of New· "tork, Dupont and Socony to break down the moral antipathy of a ment to spread particular doctrines." Vacuum. Your taxes and my taxes wlll be comm.unity and gives the infiltrator this Pespite this express exclusion, of propa higher so that these companies can make respectab111ty which they desperately need." ganda organs from tax exemption, there 1s tax-exempt dona.tions to America's Future And again "Everyone in the United States increasing evidence that dozens of rightwing Inc. • • • except, apparently, the Supreme Court, groups are today masquerading as educa Let's turn to another fine-sounding tax knows that communism advocates the over tional or religious organizations, and are exempt organization, The American Good throw of this Government." To ward off libel flooding the country With the partisan, po Government Society. Each year the society suits Hunt's propagandists call the victims litical propaganda of the far right, financed makes George Washington Day awards at a of their attacks mistaken" but it ls quite by tax-free contributions from businessmen. George Washington Day dinner to Americans clear to anyone who listens that "mistaken" And, whenever a businessman has tax who have contributed to good government is a synonym for '"enemies Of freedom," exempt income, somebody else is forced to during the past year. That seems like a which is in tum a synonym for Communist. pay more taxes-and that somebody else is worthwhile function--except for the strange "As anti-Communist sentiment grows you and I. fact that between 1953 and 1963, of the stronger in the United States, the mistaken Who are these organizations and how do awards given to Senators and Representa forces seeking to end freedom feel the dam they get away with it? One thing is certain: tives, 10 went to Southern Democrats and age to their cause. Word has gone out that you can't spot them by their titles. Our the rest to conservative Republicans. I was anticommunism must be stopped • • • rtghtwing extremists may be deficient in surprised to learn, as I am sure you are, that Definite orders for the liquidation of anti their respect for democracy but they cer for the last 10 years no one but Southern communism have been given in a party mani tainly are imaginative when it comes to se Democrats and conservative Republicans has festo • • • ·Since that manifesto, the drive lecting democratic-sounding titles. Let me made any contribution to good government. against anticommunism has been growing cite an example. Are you interested in Let me make myself perfectly clear. I steadily more intense. • • • If you were the America's future? So am I. Then you may don't really object-and I consider that I head man of the 'mistaken' forces that are be interested to learn, as I was, what a "non have no right to object-to any group of working to end freedom, what orders could profit, education.al" tax-exempt institution American citizens getting together and mak you have given that would have produced called America's Future, Inc., has to say. ing George Washington Day awards to any greater strategic victory than the commu America's Future, Inc., puts out an eight one they choose (though I sometimes wonder nization of Cuba? page newsletter which lt describes as "a at the woeful miscarriages of justice that are weekly antidote tor the flood of socialistic • • • • • committed in the names of American "The Second World War was but another slanted news and views that assails us" and heroes). What I most certainly do object to broadcasts a Weekly radio program With step in the program of the 'mistaken' to con is the use of tax-exempt Income to promote quer the entire world. R. K. Scott as the principal commentator. these essentially political act1vities. The Recently, Scott's brand of tax-supported Constitution guarantees freedom of speech, • • • • • education included: thankfully, but it does not guarantee that "The entire propaganda line of the 'mis 1. Criticism of the suprellle Court decision political prol)agand-a. shall be subsidized by taken,' including doubletalk about disarma on school prayers (July 13, September 14). tn.x cbncessions. ment, is designed to make it easier for them 2. Repudiation of tt.e Supreme Court de There is probably no orte who gets more to carry out their plot for ending freedom." cision on schObl segregation ("From that de To label a group or individual as "mis cision has flowed. most of the racial dissen radical rightwing propaganda value for his taken," then, is Hunt's not-so-subtle way tax-exempt dollar than Haroldson Lafayette accusing anyone who disagrees With him sions and hatred with which we have been Hunt, whom Time magazine labeled "the ot plagued ever since. In that decision the su (?f being a Communist, without risking a. preme Court did something that it had no big daddy to many a far-right crusade." libel suit. But the vicious innuendo is no right to do under our Constitution.") (Au H. L. Hunt has been rated the second richest less vicious because it is put into this kind gust 10.) man in the United States with a total wealth of transparent code. 3. Opposition to Government control of as high as $3 billion and annual income Another blatant example of the abuse of industry and power to levy taxes on -indus hovering around $50 million. From his tax deductible advertising is the arrange tries (August -24). headquarters in Dallas, Tex., Hunt indulges ment worked out by General Electric with 4. Attacks on the State Department and his urge to convince his fellow citizens that erstwhile former movie star Ronald Reagan. the USIA (the latter is "riddled with hordes the U.S. Government is so thickly infiltrated While he was host and occasional star of of boondogglers, many of whom are soft on with Communists that it is practically Com the television show General Electric Theater, communism") (July 27). munist now. and that any man or woman Reagan's contract called tor 8 weeks of 5. Criticism of U.S. support of the U.N. who favors medicare,. foreign aid. and vir speaking tours for G.E. each year. On these actions in Katanga (September 7). tually a.ny other social welfare measure tours Reagan had little if anything to say 6. Criticism of our parliiclpation in .tlle V,:hieh you might care to name, ls an enemy about G.E. toasters or television sets or even U.N. ("the awful mess resulting from our in of freedom. Hunt ai.so dabl)les in anti anything about his own television program, volvement in the United .Nations") (August semitic, anti-Catholic, and even anti but at each st1>p he made the salne rigidly 3). Protestant propaganda (the National Council conservative speech against social security, 7. Objections to admitting Russian tourists of Churches) (which doesn't leave him very the income tax, Federal aid to education, into the United States where they can spy much room), and damns the Supreme Court and medicare. It has been suggested that (July 20). as the violator of the Constitution. Reagan ls even opposed to a national post 8. Opposition to the dangerous "labor You would think that a man with $3 bil office. union monopoly" which "makes a political lion · at his disposal and an activ-e spleen I think I have given you enough to con and economic slave of the union worker" and would be willing to 1lnance his own propa vey the flavor of these organizations-and should be equated with "labor boss monop ganda Wf!.rfare. But Hunt prefers to let the the aroma as well-but I assure you that oly" (July 6, August 31). Federal Government assume a substantial this Is by no means an exhaustive sampling. . America's Future also conducts a thriving portion of his political crusades. Just listen to this rollcan of high-sounding business in book-burning called operation Hunt has simply packaged his propaganda titles for low-hitting activities: The Ameri textbook. Its "textbook evaluation commit network under the head of the Lifeline can Council of Christian Laymen (how Red tee," which incidentally contains 4 men Foundation, Inc., and then had his business is the National Council of Churches?); The active in the John Birch Society, is now one corporations-the Hunt on Co., and its food American Economic Foundation; the Chris third o! the way toward its expressed goal of processing and canning division, the HLH tian Anti-Communism Crusade; Christian's evaluating all 400 social science textbooks Parade Co., commercially sponsor Lifeline Echoes Ministry; Christian Freedom Foun currently in use in America's high schools propaganda throughout the country. Of dation; Church League of America; The Cir handing out failing grades to books which course, commercial advertising expendi cuit Riders; the Economists National Com give too much attention to freedom of reli tures are treated as a business expense and mittee on Monetary Polley; Foundation for gion, speech, and the press, and which !all deducted from the company's income before Economic Education; the Inter-Collegiate to stress the right to acquire and hold prop taxes. Hunt's expressed goal ls to see the Society of Individualists; the national edu erty, the tight to work, the right to engage $11 billion which American business spends cation program. in free enterprise, and the right of a free on advertising annually, devoted to the spon In 1961, these organizations-plus the ones society to protect itself against subversion. soring of rightwing propaganda. I have already discussed-took in better than And woe betide any text that would "attempt Lifeline's boiling ,caldron of trouble in $5½ million in tax-free contributions. to instill in the student the idea of 'world cludes a 5-day-a-week radio program, TV What's in a name? Well, for each of these mindedness' or world citizenship an-d world program, a four-page twice-weekly political high-sounding organizations: Tax-free in government." polemic, .a book club: "Lifeline Links," and come and the shield of respectability that We soon discover that America's Future Lifeline seminars: to "meet the public de cloaks their rightwing extremist propaganda. Inc., is in reality dedicated to reviving the mand for accelerated enlightenment" on How has this been permitted to happen? worst o! America'·s past while . burying the freedom, Communist subversion, and "shel It is pa,lnfully clear that the Tax Service has very freedoms that have made America. great. ter protection against fallout." sililply not done the Job Congress gave it: Who is it tha.t pumps tax-exempt funds · What kind of commercial entertainment to rout out the propagandists from the bona into America's Future Inc.? Many old does Lifeline put out? ·Here's a sample: :fide educators. It may be that the Service friends of democratic education, led .by OUlf "Sup1>9rt gained from church circles in the has simply lacked th&- manpower to investi Oil, Armco steel, Cities Service, Consolidated United States helps them (the Communists) gate exemption applications. It 1s no doul>t 11282 CONGRESSIONAL RECORD - SENATE June 20 true that in a given instance the line be Nation has stepped up its food-for-peace starves or leads a day-by-day existence, the tween education and political propaganda program. However, this program only United States is giving its primary agricul is a difficult one to draw. Whatever the scratches the surface of the problem. tural attention to the control rather than reasons I think it ls incumbent upon the the expansion of farm products, from food Tax Service to terminate, and with more The Daily Dunklin Democrat of Kennett, to cotton. While the millions of persons are than deliberate speed, the fraudulent use Mo., recently published a thoughtful edi inadequately fed, many more millions, in of the "educational" exemption as a tax torial concerning the need for a greater Africa and Asia, are inadequately clothed haven for partLsa.n political propaganda. effort on our part. The editorial con as U.S. cotton stockpiles grow larger and And I intend to use every resource at my cludes that unless we find a solution to larger. command to see that this is done. Not, let alleviating the hunger of millions of peo Mere distribution of this farm surplus in me repeat, for the purpose of silencing po ple in the underdeveloped nations, "the the United States is not the answer, but an litical activity, but merely for the purposes world's largest stockpile of nuclear easing of our food and cotton stockpiles of eliminating the tax-exemption subsidy. bombs will not suffice against the revolu would materially aid the American farm If I make a contribution to the Oregon problem and would hold out an example of Dunes Committee, my gift is clearly not tax tions and upheavals which are clearly in free world productivity to the remainder of deductible because the Dunes Committee has store for us in many parts of the world." the world. a political, though nonprofit goal: the crea I ask unanimous consent that the edi The greatest crime of this Nation ·in this tion of the Oregon Dunes National Seashore. torial be printed in the RECORD. century will not be colonialism or support But if I were a member of the D.A.R. and There being no objection, the editorial ing dictators who deprive. their people of contributed to that crusty old institution, was ordered to be printed in the RECORD, freedom. Th~ greatest indictment against my gift would be tax deductible. as follows: America is that it has tons of surplus food Yet, at its 72d Continental Congress held stuffs and farm products while millions in Washington last month, the D.A.R. COME THE REVOLUTION throughout the world are inadequately fed adopted resolutions opposing disarmament For the past few weeks this newspaper and clothed. and the test ban treaty, deficit spending, has been publishing a series of articles deal Perhaps it is heresy to suggest that a por foreign aid, liberalization of the Immigration ing with national and foreign policy pur tion of this Nation's $61 billion defense Act of 1952, the United Nations, public hous sued by this country. The series, entitled budget be diverted from supersonic airplanes ing, urban renewal, Federal aid to mental "New Frontier Diplomacy," has made one and nuclear warheads to distribution of sur health care, the domestic Peace Corps and point over and over and over again-the plus food where the world markets will not the Youth Conservation Corps ( on the United States not only finds itself in trouble be disrupted. grounds that it would "result in endangering with its sworn Communist enemies, but it But we would like to suggest it, neverthe the future of private youth organizations also finds itself in increasing turmoil with less. and delay the entrance of the youth of this the have-not nations of the world. America's greatest deterrent to commu Nation into the field of free enterprise"). Last weekend, in Africa, a move to unify nism is not the nuclear bomb, which we now Here is the dissenting testimony of Mrs. E. all of Africa, save South Africa, into a new share with the Russians, but our vast farm King, herself a member of the D.A.R. and a alliance similar to the Organization of Amer surpluses which the Russians do not have representative of the Chappaqua, N. Y. ican States in this hemisphere was success and cannot distribute to the world's hungry. chapter. fully staged. The African alliance is aimed The problem of feeding millions with sur "While the DAR professes no political pur specifically against the white man on the plus foodstuffs is not easily solved, but a pose and claims tax-exemption on the Dark Continent, if such a phrase is appli nation which has the capacity to develop strength of it," she reported to the members cable and/ or legal these days. the nuclear bomb can certainly develop the of her local chapter, "its policy year after The vast problems of the have-not na program required to raise the standard of dreary year monotonously issued from its tions in South America continue to grow. Hving of millions of have-nots in the world rubber-stamped congresses support uni worse as the economic plight of millions of today. formly the position of a certain segment of Latin Americans grows insurmountable. In And, unless we do, the world's largest American political thought. No resolution Asia, starving millions create potential ene stockpile of nuclear bombs will not suffice contrary to the positions of the far-right mies of the United States and the rest of the free world. against the revolutions and upheavals which wing is adopted." are clearly in store for us i,n many parts of Would any fair-minded observer say with Indeed, from 10 to 15 percent of the world's the world. justice that the Oregon Dunes Committee is population is undernourished to the point more political in its activities than the DAR? of hunger and another 25 to 35 percent I think not. do not receive anything like an adequate MEN TRAINED UNDER THE diet. These figures have just been released Let me close by citing to you the strange MDTA PLAN case of the Intercollegiate Society of Indi by the Food and Agriculture _9rgan1zation vidualists, which incidentally draws wide ·ot the United Nations. Mr. LONG of Missouri. Mr. President, support trom private power companies Much of the greatest defl.ciency is in the it is always encouraging to learn that a though not, let me hasten to add, from the Far East, where more than half of the world's pr.ogram you supported in its establish State of Oregon. The society is militantly population lives on only one-fourth of the world's food supply and that fourth contains ment is accomplishing its purposes and opposed to both the income tax and Federal benefiting the people of your State. Re aid to education. Yet isn't it ironic that much less than its share of protein. Yet its own activities are income tax free and there are cases of malnutrition among relief cently, the Daily Dunklin Democrat pub this exemption represents Federal aid-not recipients right here in the United States lished an article concerning the quality to "education" in any meaningful sense, but and even in southeast Missouri, the State's of training under the Manpower De to political propaganda masquerading as richest farming area. velopment and Training Act in Kansas education. To sustain even the present unsatisfactory City,Mo. nutrition levels for a moderately expanding world population, the UN survey group esti I ask unanimous consent that the ar FOOD-FOR-PEACE PROGRAM mates it will take an increase of 36 percent ticle be printed in the RECORD. in food supplies by 1975. To improve the There being no objection, the article Mr. LONG of Missouri. Mr. President, diet, production of meat and fish in the less was ordered to be printed in the RECORD, hunger is undoubtedly one of the most developed countries, the level will need to as follows: pressing problems facing mankind. be increased by more than 120 percent. Look Even in our Nation where surpluses are ing toward the year 2,000, "the less developed [From the Daily Dunklin Democrat, Ken harvested from the fields each year, countries will need to increase the total food nett, Mo., June 7, 1963) there are many who go to bed hungry. supplies to four times the present volume MEN .TRAINED UNDER MOTA PLAN Go TO We are striving to meet this problem and their supplies of animal food products WORK WITH KANSAS CITY FIRM both at home and abroad. In addition to about sixfold," to quote the recent UN Fifteen Kansas City men are proving the report. value of a federally financed program to to the school lunch program and the Can t his be done? Probably. Agricultural teach new skills and upgrade old ones in direct distribution of food to the needy, surpluses in the United States show it is this era of automation. we have a number of pilot food stamp possible to increase greatly production from A total of nine men who completed train projects in operation. These pilot proj the sazne number of acres. ing as welders under the Manpower De ects have been instrumental in the de But population growth could exceed esti velopment and Training Act were hired by velopment of an effective distribution mates, a.nd an increasing number of nations the Hesse Carriage Co. in Kansas City. The system to meet the problem of hunger in the world are becoming less and less satis Hesse Co. is an old established firm in Kan and malnutrition among our Nation's fied with "marginal" diets for their popula sas City that originally manufactured tions. Aiming at the minimum diet for mil horse-drawn wagons. With the advent of needy. It is my hope that the food lions of persons may no longer suffice. motor vehicles, they quickly adjusted to auto stamp program can be made permanent Where does it all lead? Americans may truck bodies. They are known nationally and national in scope. . ponder the question, for this Nation con for their product. The men hired were: To meet the problem of hunger in the stitutes · the paradox of the 20th cen Lloyd Baslee, Vern Garner, Thomas Hall, underdeveloped nations of the world our tury. While much of the rest of the world Arthur McCullough, Charles . Vodry, Ken- 1963 ., CONGRESSIONAL RECORD-· SENATE 11283 neth Lea, V~rn Campbell, Douglas Gore, and the president of West Virgini·a Univer tion there is no telling what would have Melvin· Campbell, all .of Kansas City. A. Miller, been the fate of the Republic. Due to · the_ shortage of welders, pro'duc sity, Dr. Paul who presided. Members the board public The men who establish the reorganized ~ion at the Hesse plan~ had been curtailed. of State of gover nment of Virginia and then worked A regular visit by a representative of the works and the State supreme court of successfully for the creation of a new State Missouri State Employment Service advised appeals, as well as members of the cen r::: ked property, rrputation, and even their them of the pending availab11ity of gradu tennial commission and the state leg lives to stand by the Union and fight for ate trainees. As a result, two trainees, islature, also had positions of honor p r.i. n ciples which they considered imperative Thomas Hall and Arthur McCullough, were near the podium from which· the Na to t he vitality and survival of this Nation . referred for interview. tion's Chief Executive delivered the These were people with the faith to st and They were given both a written and per centennial address. up in the face of adversity. formance test in welding theory and prac It is en couraging to note that West Vlr t ice. Tobe Tennyson, plant superintendent, Theme of the President's speech was ginians of today, as they face a future m :irked stated he "was surprised.and pleased with the a tribute to the State and its people. by industrial and economic change and the results of these tests." He believes that their He expressed his personal appreciation m ysteries of space, are showing the qualities success in passing the tests could be at to the men and women of West Virginia to which they were born. tributed to the thoroughness of training for their friendship and assistance, and President Lincoln, in signing the West giv~n by a Kansas City public vocational prophesied that the future of the State Virgin ia statehood bill, said: "It is said that school. He added, "Their knowledge of gases, would be one of achievement and prog t he admission of West Virginia is secession, metals, and blueprints surpassed that of and tolerated only because it is our secession. most of our gate hires.' He was also com ress. Well, if we call it by that name, there is a plimentary of the type of trainee, stating, West Virginia was the 35th State ad difference enough between secession against "The Missouri State Employment Service mitted to the United States. President the Constitution, and secession in favor of certainly selected the right type of men for Kennedy, at the conclusion of his mean the Constitution." this training." ingful remarks, received a 35-gun salute. President Kennedy, in extending congratu As a result of the hiring of the two men lations to West Virginia on its 100th anniver at the going hourly rate of $2.66 per hour, Mr. ·President, the Charleston Gazette, sary, said: "I know that this country has no Tennyson and his assistant, Henry Elliott, started the eventful 100th birthday of group of citizens more dedicated to freedom advised Production Manager Joseph W. the State of West Virginia, by publish today than the people of West Virginia. Obiala, "We will need ~ore welders. I think ing an appropriate editorial-"Today .They can be proud of their heritage and we had better get as many as we can out of We Have Cause For Pride, Assurance.'' their State, for it was born of courage and this class." In all, they secured nine men be I ask unanimous consent to have ex loyalty. And in the light of their past they fore other employers became aware of the cerpts from the editorial printed in the can look forward to the future with confi quality of this training. RECORD at this point in my remarks. dence." A contact with all of the graduates indi In the words of these two Presidents who cates they are grateful for this opportunity to There being no objection, the excerpts have been so close to West Virginia our peo acquire a sk111. Their outlook on their em were ordered to be printed in the RECORD, ple have cause for pride and assurance. ployability is decidedly different than it as follows: We congratulate West Virginia on this was last November when they entered train [From the Charleston Gazette, June 20, 1963] milestone in its history. We say "welcome home" to President ing. TODAY WE HAVE CAUSE FOR PRIDE, ASSURANCE Douglas Gore, 702 Woodland Street, stated: Kennedy. "I've had a pretty rough time finding steady This is June 20, 196~-just 100 years be employment and with a wife and three chil yond the day West Virginia was born. Mr. HUMPHREY. Mr. President, I dren, I was worried as I am 38 years of age. On this date a century ago a statehood suggest the absence of a quorum. Now I'm doing the work I like and have a proclamation-signed 2 months earlier by The ACTING PRESIDENT pro tem skill to offer an employer." the 16th President of the United States, pore. The clerk will call the roll. Arthur McCullough said: "No more job Abraham Lincoln-became effective. The legislative clerk proceeded to call changes for me. I'm working for a fine And today the 35th President of the United the roll. company and like my work. Thanks to the States, John F. Kennedy, will be in Charles Mr. HUMPHREY. Mr. President, I Employment Service and the school." ton to help West Virginia. celebrate the an niversary of its admission as the 35th State ask unanimous consent that further pro in the Union. ceedings under the quorum call be sus PRESIDENT JOHN KENNEDY VISITS It wlll be a homecoming of sorts for Presi pended. WEST VIRGINIA ON STATE'S dent Kennedy, for he campaigned its hills The ACTING PRESIDENT pro tem and valleys, its cities and hamlets vigorously pore. Without objection, it is so ordered. 100TH ANNIVERSARY-PREDICTS in the 1960 presidential primary-and it was Is there further morning business? If PROGRESS FOR FUTURE IN SIG here that he received his greatest lift in not, morning business is concluded. NIFICANT SPEECH his journey to the White House. And his very first act as President was Mr. RANDOLPH. Mr. President, this to increase the variety and nutritional value CONTROL OF FREIGHT is "Statehood Day" as West Virginia of surplus food commodities for the econom celebrates its centennial. For the offi ically distressed families of the State's dis FORWARDERS cial program on this eventful occasion placed coal miners. Mr. HUMPHREY. Mr. President, I our guest of honor was the President of Other programs and acts of his administra move that the Senate proceed to the the United States. tion have demonstrated his continuing in consideration of Calendar No. 216, Sen President Kennedy spoke extempo terest in West Virginia and its problems. ate bill 684. And his willingness, amid the enormous pres raneously from the steps of the State sures of his office, to come to Charleston The ACTING PRESIDENT pro tem Capitol at Charleston to a rain-damp as West Virginia's Statehood Day speaker pore. The bill will be stated by title. ened but jovial throng of thousands of emphasizes his feeling that "with the excep The LEGISLATIVE CLERK. A bill (S. West Virginians. Many thousands of tion of Massachusetts, there is no State in 684) to clarify certain provisions of part other citizens greeted him warmly along the Union with which I am better acquainted IV of the Interstate Commerce Act, and the route from Kanawha Airport to the or to which I am more indebted." to place transactions involving unifica State House. Hundreds of eager chil Thus, as we reflect on the past and look tion on acquisitions of control of freight dren cheered Mr. Kennedy. Twice dur to the future on this 100th anniversary, it .forwarders under the provisions of sec ·can be said that West Virginia was made by tng the motorcade he had the automo a President (Lincoln), it made a President tion 5 of the act. bile stop while he stepped down to the (Kennedy), and a President is helping to The ACTING PRESIDENT pro tem road to shake hands with his well remake it for a brighter future. pore. The question is on agreeing to the wishers. West Virginia, like ·au States an4 institu motion of the Senator from Minnesota. Present and participating in ·the cere tions and individuals that have lived The motion was agreed to; and the mony which marked the official celebra through the march of time, has had its ups Senate proceeded to consider the bill, tion of West Virginia's 100th anniver and downs in its first 100 years. But no:. which had been reported from the Com ~ary were the incumbent Governor, the where can people be prouder of their heritage mittee on Commerce with an amend because West Virginia is the only State in ~,:onorable William Wallace Barron, and the Union that was born directly out of ment to strike out all after the enacting :::~rmer Gov:ernors Homer A. Holt, Okey loyalty to the Union. · clause and insert: '",. Patteson, and Cecil H. Underwood; We owe much to our forebears, tliose That section 5,of the Interstate Conunerce The state's two U.S. Senators and rugged and hardy pioneers west of the Al Act, as a.mended (49' tr.s.c. 5) is amended Members of the delegation in the House leghenies, for without · their courage and ( 1) by striking ·out the word ''It" at the of Representatives were introduced b:v imagination and devotion to the Constitu- beginning of subparagraph (a) of paragraph 11284 CONGRESSIONAL RECORD-· SENATE June 20 (2) and inserting in lieu thereof "Subject to with the national transportation policy de the p-resentation on behalf of the section 410 of part IV of this Act, it"; clared in this Act, and shall not unduly re committee. (2) by inserting at the end of paragraph strain competition": Mr. THURMOND. Mr. President, S. (2) a new subparagraph as follows: SEC. 4. Section 410 of the Interstate Com merce Act, as amended (49 U.S.C. 1010), is 684 was introduced at the request of the "(g) The Commission shall not approve Interstate Commerce- Commission. This any application of a freight forwarder sub amended- ject to part IV to acquire a motor carrier or (1) by striking out the· word "Any" at the bill is designed to authorize acquisitions of a motor carrier subject to part II to ac beginning of subsection (g) and inserting in of motor carriers by freight forwarders quire a freight forwarder unless it finds that lieu thereof "Except as provided in section 5 and to amend part IV of the Interstate the transaction proposed will enable the ap of this Act, any"; and Commerce Act, relating to ownership, plicant to use the service of the motor car (2) by amending subsect ion (h) to read control, and operation of freight for rier or freight forwarder sought to be ac as follows: warders in common with carriers of quired to public advantage in its operations "(h) No person holding a permit issued under this part shall be authorized to engage other modes to provide that future and will be consistent with the public in transactions involving such acquisitions terest and will not unduly restrain competi in any direct railroad, water, or motor-carrier tion: Provided, That if the Commission ap operations subject to part I, II, or III of this be made subject to the provisions of proves any such transaction, no terms or Act, except motor-vehicle operations in section 5 of part I of the Interstate conditions shall be imposed which would re transportation which, pursuant to the pro Commerce Act. quire the motor carrier or freight forwarder visions of section 202 ( c) ( 1) of this Act, is The Interstate Commerce Commission so acquired to confine its service to ship to be regulated as service subject to this has recommended legislation to this ef ments moving on the bills of lading of or part." SEC. 5. Section 411 of the Interstate Com fect in its latest two annual reports. to having a prior or subsequent haul by the Congress. Recommendation No. 15 of acquiring freight forwarder or motor car merce Act (49 U.S.C. 1011) is amended- rier." (1) by striking out subsections (a) and the Commission's 76th annual report, ( 3) by amending that portion of the first (g) thereof; which was filed earlier this year, is the sentence of paragraph (3)• following the (2) by redesignating subsections (b), (c), Commission's most recent recommenda (d), (e), colon to read as follows: "Section 20 ( 1) to and (f) thereof as subsections (a), tion along this line. (10), inclusive, of this part, sections 204(a) (b), (c), (d), and ·ce), respectively; The present state of the law is confus (1) and (2) and 220 of part II,_section 313 of (3} by striking out the phrase "provisions of subsection (a), (b), or (c)" where it ap ing and does not apply equally to all part III, and section 412 of part IV (which modes which are under regulation by the relate to reports, accounts, and so forth, of pears in subsections ( c) and ( d) , as so re designated by paragraph (2) of this section, Interstate Commerce Commission. carriers), and section 2oa (2) to (11), inclu sive, of thts part, and section 214 of part II and inserting in lieu thereof "provisions of Chairman Lawrence K. Walrath of the (which relate to issues of securities and as subsection (a) or (b) "; and Commission clearly outlined the _present sumptions of liability of carriers), including (4} by amending subsection (b) thereof, provisions of the law in his testimony in each case the penalties applicable in the as so redesignated by paragraph (2) of this before the Surface Transportation Sub case of violations of such provisions."; section, to read as follows: "(b) After the expiration of six months committee in support of this legislation. (4) by adding at the end of paragraph (4) from the date of enactment of this amehda He said: thereof the following new sentence: "Any tory paragraph, it shall be unlawful for any Section 4ll(a) of the act prohibits a such transaction or control or management person affiliated with any carrier subject to freight forwarder or any person (defined in in a common interest involving a freight for part I, II, or III, to hold the position of section 402 as including an individual, firm, warder subject to part IV which was lawfully section 5,(6) of part I, to hold the position of and corporation) controlling a freight for accomplished or effectuated prior to the date officer or director in any freight forwarder warder from acquiring control of a carrier of enactment of this sentence, or the- con subject to this part, or hold any stock in subject to parts I, II, or Ill of the act. Ex tinuance thereof, shall not be deemed a viola such a. freight forwarder, unless., upon due pressly excepted from . this prohibition is tion of the provisions of this paragraph."; showing. in form and manner prescribed by the right of any carrier subject to parts I , ( 5 )- by amending paragraph ( 13) to read as the Commission, it shall have been author II, or III to acquire control of any other follows: ized by order of the Commission finding that carrier subject to those parts in accordance "(13) As used in paragraphs (2) tq (12), neither public nor private interests will be with the provisions of section 5 of the act. inclusive, the term 'carrier• means a carrier adversely affected thereby; except that, if In addition, under section 411 (g) lt is law _by railroad, an ex:preS1:1 company, and a sleep the position or stook was or could have been ful for a common carrier subject to parts ing-car company subject to this part; a mo lawfully held on such date of enactment, I, II, or III or any person controlling such tor carrier subject to part II; a water carx:ler such holding may continue pending deter a common carrier to acquire control of a ·subject to part m; and a freight forwarder mination of an application for such order freight forwarder. · subject to part IV."; and filed by or in behalf of such person prior to Taken together these three provisions (6) by striktng out "upon application of the expiration of such period.". lead to the following confusing results: A any carrier, as defined in section 1(3), and SEc; 6. Nothing in this Act shall be con person who initially gains control of a com after hearing, by order to authorize such car strued to affect the applicability of the anti mon carrier can subsequently acquire con rier" in paragraph (16) and inserting in lieu trust laws, as defined ln the first section of trol of a freight forwarder, but a person thereof "upon application of any carrier, as the Act of October °15, 1914 (15 U.S.C. 12), cannot first acquire control of a freight .for defined in section 1 (3), or of any freight for with respect to effectuation prior to the date warder and then acquire control of a com warder subject to part IV and affiliated with of enactment of this Act (by stock owner mon carrier, although the result is the same such carrier, and after hearing, by order to ship or otherwise) of the control or man in each. instance. Also, a. person who ac authorize such carrier, or such freight for agement of a freight forwarder subject to quires control of a common carrier and a warder,". ·part IV of the Interstate commerce Act in a freight forwarder, in that order, cannot later SEC. 2. Subsection (c) of section 404 of the common interest with any other such freight acquire direct control of another common Interstate Commerce Act, as amended (49 forwarder or with a common carrier subject carrier. although he may indirectly accom U.S.C. 1004(c)), is amended to read as to part I, II, or m of such Act. plish this by having the con trolled common follows: carrier acquire control of the other common "(c) It shall be unlawful for any common The ACTING PRESIDENT pro tem carrier. carrier subject to part I, II, or III of this pore. The question is on agreeing to the To add to the confusion, section 411 ( c) Act to make, give, or cause any undue or un committee amendment. precludes any director, officer, or employee reasonable preference or advantage to any Mr. HUMPHREY. Ml"'. President, I of a common carrier subject to parts I, II, freight forwarder, whether or not such freight suggest the absence of a quorum. or III from directly or indirectly owning, forwarder controls, is controlled by, or is un The ACTING PRESIDENT pro tem controlling, or holding stook in a freight der common control with such carrier, in any pore. The clerk will call the roll. forwarder in his personal pecuniary inter respect whatsoever; or to subject any freight est. This leads to the rather unusual result forwarder, whether or not such freight for The legislative clerk proceeded to c~ll that under section 4ll(g), a person may warder controls, is controlled by, or is under the roll. control both a carrier and a freight for common control with such carrier, to any Mr. HUMPHREY. Mr. President, I warder but, in view of section 411 ( c) , he undue or unreasonable prejudice or disad ask unanimous consent that the order may not be an officer, director, or employee vantage in any respect whatsoever." for a quorum call be rescinded. -of the carrier and must exercise his control SEC. 3. Subsection (a) of section 409 of The ACTING PRESIDENT pro tem through nominees or "dummies." the Interstate Commerce Act, as amended pore. Without objection, it is so It (49 U.S.C. 1009), is amended in the first pro is easy to see from this statement viso by striking out "and shall be consistent ordered. by Chairman Walra.th that the incon with the national transportation policy de Mr. HUMPHREY. The distinguished sistency_ which now exists in the state clared in this Act" and inserting in lieu Senator from South Carolina [Mr. of the law, can and does result in ad thereof "or any common carrier by motor ve THURMOND' l is in charge of the pending ministrati'~e problems for the Commis hicle subject to part II, shall be consistent bill. I understand that he will now make _sion. Although a fre,ght forwarder can- 1963 CONGRESSIONAL RECORD- SENATE H285 not at the present time acquire a motor occurrence previously prohibited by the The committee amendment was agreed carrier, common ownership of these two provisions of the Panama Canal Act of to. modes of transportation is not prohib 1912 (49 U.S.C. 5(16)). This is not in Mr. THURMOND. Mr. President, I ited. It is permissible as long as the tended and language has been in have no further statement to make at proper procedure is followed. In the re cluded assuring that no such purchase this time, unless there is some opposition cent control and merger case involving or acquisition will take place. Third, to the bill. the Calore Express Co., Inc., two motor the original bill proposed to delete cer Mr. JAVITS. Mr. President, I sug carriers applied to the Commission for tain language from section 410(c), the gest the absence of a quorum. permission to merge under the applicable section that established standards for The ACTING PRESIDENT pro tem provisions of part 5 of the Interstate granting freight forwarder permits. pore. The clerk will call the roll. Commerce Act. One of the motor car This was changed to show that future The legislative clerk proceeded to call riers had, previous to this application, applications for freight forwarder per the roll. acquired control of a freight forwarder mits should not be denied simply because and the question which was presented the applicant was under common control Mr. JAVITS. Mr. President, I ask to the Commission was greatly perplex with a carrier of another mode. unanimous consent that the order for ing to them. Should the application be Amendment No. 4 adds a new subpara the quorum call be rescinded. governed by the provision in section graph (g) to section 5(a) of the Inter The ACTING PRESIDENT pro tem 411 (a) prohibiting a freight forwarder state Commerce Act. This additional pore. Without objection, it is so ordered. or any person controlling a freight language provides a strict standard to Mr. JAVITS. Mr. President, I have forwarder from acquiring control of a be met before the Commission approves examined the bill, which necessarily has motor carrier, should it be controlled the control or ownership of part I, II, or very great interest to New York State as by the exception in section 411 (a) per III carriers by a freight forwarder. The well as to other parts of the country. mitting a motor carrier subject to part language is adopted from the current I wish to ask the Senator from South II to acquire control of another motor provision of the act governing railroad Carolina [Mr. THURMOND], who is han carrier subject to part II, or should it acquisitions or control of motor carriers. dling the bill on the floor, a question: I be governed by the provision of 411 (g) As a result, such transactions involving note that the committee has sought to permitting motor carrier acquisitions of freight forwarders and motor carriers meet the objections of the Department freight forwarders? Concerning this which are to be made possible by the of Justice by including an amendment case, Chairman Walrath said: enactment of this measure must be justi which would make clear that there is This case has convinced us that, in reality, fied by showing that coordinatng service no effort to immunize these mergers or there is no practical, difference between a to the public can only be achieved by the acquisitions from the antitrust laws or common carrier controlling a freight for acquisition or control for which approval antitrust standards. Can the Senator warder, a freight forwarder controlling a is sought. from South Carolina state whether that common carrier, or a person who controls The fifth and final amendment adopt amendment has changed in any way the either acquiring control of the other so long view of the Department of Justice on the as the relationship amounts to control or ed by the committee adds new language management of the two in a common inter to section 409(a) of the Interstate Com bill? est. In other words, if opportunity to en merce Act. It provides that contract Mr. THURMOND. The Department gage in objectionable practice exists, it is rates for distances up to 450 miles be of Justice raised that point chiefly. It by reason of the fact of common control of tween freight forwarders and motor car is my opinion-although I have not con the carrier and forwarder and not the form riers must be just and reasonable, con ferred with the Department since then whereby the control exists or is accomplished. tain equitable terms, conditions, and that this amendment would obviate its The Committee on Commerce in its compensation, and shall not unduly objection. I do not see any other objec favorable action on S. 684 as amended prefer or prejudice any common carrier tion which the Department could have has indicated its concurrence in this subject to part II of the Interstate Com on this point. statement by Chairman Walrath. merce Act. As the law presently reads Mr. JAVITS. The Senator from s ·outh The bill does not deprive railroads, this section only applies to the partici Carolina has also reported to the Senate motor carriers, or water carriers of any pants to the contract and any other that the committee was not impressed rights which they now have to buy other freight forwarder. By the addition of the with the fear that there would be a such carriers as long as they obtain the words "or any other common carrier by transfer to the Interstate Commerce approval of the Interstate Commerce motor vehicle subject to part II," these Commission of jurisdiction over acqui Commission. Also the bill does not rep negotiated contract rates are required to sitions. That also seemed to be implicit resent any lessening of the present pro be just and equitable as to other common in the objection of the Department of visions governing acquisitions by rail carriers in the area. Also the words Justice. · roads that have been contained in the ''and shall not unduly restrain competi Mr. THURMOND. Future acquisi law for some period of time. All it does tion" have been added at the end of sec tions would be under the Interstate is to place freight forwarders on a parity tion 409(a) as an additional safeguard Commerce Commission, not under the with other modes of transportation and against undue preference by a freight antitrust laws. require Commission approval of any fu forwarder in favor of his wholly owned Mr. JAVITS. Do the Senator from ture acquisitions involving these differ or controlled motor carrier. Technical South Carolina and the committee feel ent modes. language changes which do not change that the bill would be more, rather than The committee amendment, although the substantive provisions of the bill have less, conducive to our ideal of a national in the nature of a substitute, can be been made where necessary. transportation policy? broken down into 5 parts. Three of Mr. President, I ask that the commit Mr. THURMOND. Hearings were held the amendments were the subject of uni tee amendment be adopted. form agreement and are as follows: on the bill, and a great deal of considera Mr. JAVITS. Mr. President, will the tion has been given to it, because the First, the comments of the Department Senator from South Carolina yield? of Justice raised the question whether committee wished to be fair to all modes or not consummated acquisitions or Mr. THURMOND. I yield. of transportation. As I have previously unifications were to be immunized from Mr. JAVITS. I am sure the Senator stated, under existing law other carriers antitrust standards and possible legal understands that normally committee are allowed to purchase freight for action. An amendment is included, amendments are agreed to so that the warders, but freight forwarders cannot therefore, to make certain that this is bill may be considered as original text purchase other carriers. So the Inter not the case. Any transaction involving for the purpose of amendment. I do state Commerce Commission felt that control or management in a common in not believe the Senator would wish to this situation should be rectified, and I terest entered into before the effective have any Senator foreclosed from offer think that is the primary reason why date of the bill is open to attack under ing an amendment. the Interstate Commerce Commission the antitrust laws. Second, a witness Mr. THURMOND. The Senator is recommended the enactment of this bill. appearing on behalf of the inland water correct. We have given the subject a great deal carrier industry questioned whether, The ACTING PRESIDENT pro tem of consideration; and I point out to the through a series of transactions, a rail pore. The question is on agreeing to the Senator from New York the following road could acquire a water carrier, an committee amendment. statement included in the letter written 11286 CONGRESSIONAL RECORD - SENATE June 20 by the Department of Commerce-as ap acquiring a motor carrier, and the sit bill, and would leave in the hands of an pears on page 8 of the report: uation which compels the Commission to ~dministrative agency a discretion which we note, however, that the bill (sec. 1(3)) :find that the transaction will enable the it ought to have to c~ry out its function. might possibly be construed to exempt from applicant to use the service of the ac Mr. THURMOND. The idea . of the regulation by the Commission, and from quired motor carrier to the public ad proviso is to permit an acquired motor attack under the antitrust laws, transactions vantage, that it will all be consistent carrier to engage in general common or control or management in a common in with the public interest, and that it will carrier service in the area, rather than terest, entered ln'to before the effective date not unduly restrict competition. So far, to restrict it solely to the business of the of the bill. We believe that such ls not the the guideline seems to be rather reason intention of the section and we recommend freight forwarders. I do not see any ob that the bill be modified to make clear that able. But a proviso comes in which jection to the proviso. It provides a such prior arangements are not being given seems to me to destroy or impede the degree of flexibility which might be of blanket sanction. If so modified, we would efficacy of the language which has al help in enabling the carrier and for not object to enactment of S. 684. ready been set forth. warder to offer better service to the pub It provides that once there has been lic in their coordinated operations. The modification has been made, and an approval of such a transaction, no The proviso has not incurred the ob I am sure it overcomes the objection. terms or conditions whatsoever can be jection of anyone, so far as I know, in Mr. JAVITS. So I gather that the imposed by the Commission. I find it the subcommittee or in the committee. Senator from South Carolina. has re difficult to understand why such a pro The purpase of it was to provide some spanded to the paint about the feel viso is needed. It seems to me we ought flexibility, which probably would not ing of the Department of Justice by to leave it up to the Interstate Com have been allowed without it. stating that the Department should be merce Commission, in its discretion, to Mr. TALMADGE. Mr. President, will reasonably well satisfied by what the give approval to such a transaction, sub my friend the Senator from South Caro committee has done. ject to certain conditions. If the condi lina yield? Mr. THURMOND. Of course, I can tions could not be imposed, I can under Mr. THURMOND. I am pleased to not speak for the Department; but it stand how the whole purpose of the yield. is my offhand opinion that the modi legislation could be defeated. Mr. TALMADGE. I have received in bill fication we have now made the I wonder if my colleague would have considerable correspondence from my should overcome this objection on the any great objection if the proviso were own State about the bill; some of it part of any Government agency. taken out. I cannot see how it would strongly in favor and some of it equally Mr. JAVITS. Very well. help. I can see how it could seriously as strong in opposition. Will the Senator from South Caro impair the bill. Some of the visits I have had from lina. make clear, for the record, that he persons, and some of the letters and believes the bill will contribute to our Mr. THURMOND. Mr. President, the desire was not to impose a restrictive telegrams which I have received, have general ideal of a national transporta brought out the point that some people tion policy, and that under the terms burden on either the motor carriers or on the forwarders. This proviso was think a very grave danger is involved; of the bill such policy would be more put in to give some leeway to them. that is, some contend that approximately effective and better integrated than our It reads: 40 percent _of all of the freight forward present Policy? ing business in the United States is Mr. THURMOND. In considering the If the Commission approves any such transaction, no terms or conditions shall owned or controlled by one man. I bill, the Commerce Committee had in be imposed which would require the motor should like to ask my friend whether mind better service to the public. That carrier or :freight forwarder so acquired that is true? · was our goal. We feel that that goal to confine its service to shipments moving Mr. THURMOND. I believe there was would be accomplished by the enact on the bills of lading of or having a prior some statement made to that effect. I ment of the bill. or subsequent haul by the acquiring freight forwarder or motor carrier. am not positive that it is correct a.s I Mr. JAVITS. I thank the Senator have no personal knowledge of it. It from South Carolina. This proviso does not prevent the Com might be correct. As sentiment in favor of the bill has mission from imposing whatever terms Mr. TALMADGE. Does the able Sen been expressed to me, as well as senti and conditions might be necessary, other ator in charge of the bill see any danger ment against the bill, I wanted to know than the two mentioned. that such a situation would tend toward the efforts which were made to satisfy Mr. MILLER. I point out to my or perhaps lend itself to the creation of objections to the bill. friend that the imposition of certain con a monopoly in this area? Mr. THURMOND. I thank the dis ditions might be necessary before the Mr. THURMOND. I do not think so, tinguished Senator from New York for Interstate Commerce Commission could because under the present law a motor his rem.arks. give such an approval. If the Interstate carrier can purchase a freight forward Mr. President, I suggest the absence Commerce Commission had its hands er without the approval of anyone. If of a quorum. completely tied, so that it could impose there is an opportunity for monopoly it The ACTING PRESIDENT pro tem no conditions whatsoever, I can see that ce.rtainly must exist here, and yet there pore. The clerk will call the roll. two situations might arise. Either the have been no accusations made. A The legislative clerk proceeded to call Interstate Commerce Commission would freight forwarder cannot purchase a the roll. say, "Our hands are tied, and since the motor carrier. Mr. MANSFIELD. Mr. President, I conditions which are necessary to serve If the bill were passed, there would ask unanimous consent that the order the public advantage and to not unduly have to be Interstate Commerce Com for the quorum call be rescinded. restrain competition cannot be met, we mission approval before a motor carrier The ACTING PRESIDENT pro tem must refuse approval of the application." could purchase a freight forwarder, or pore. Without objection, it is so or Or the Interstate Commerce Commission vice versa. So there is a protection, and dered. might take a chance and then :find that the ICC would not approve a purchase, The committee amendment is open to its desire to comply with the bill had as provided in the bill, unless it were in amendment. been defeated because it subsequently the best interests of the public and in Mr. MILLER. Mr. President, I should could not impose conditions. addition did not unduly restrain com like to ask the Senator in charge of the I believe the Interstate Commerce petition. bill a question relating to a provision on Commission should be given discretion. The committee gave great considera page 6 of the bill. As I read the bill, I think it has done a reasonably good tion to the bill, to be certain to guard subsection Cg), which starts at the bot job. I cannot recall any abuse of dis against the possibility of a monopoly. tom of page 5, lays down a guideline cretion which has been brought to my Verbiage was inserted in the bill in order which prohibits the Interstate Com attention. I believe that the conditions to prevent such a result. We feel that me1·ce Commission from approving an the Commission would impose, if condi the bill contains adequate safeguards in application for the acquisition by a tions were felt necessary, would be rea this respect. freight forwarder of a motor carrier or sonable. I do not think the Commission Mr. TALMADGE. As I understand a motor carrier to acquire a freight for would be arbitrary. the situation, a freight forwarder is an warder. But I will confine my ·question Taking the proviso out of the bill individual who assembles small quanti to the situation of a freight forwarder would be helpful to the purposes of the ties of goods to be shipped. Once he 1963 CONGRESSIONAL RECORD - SENATE 11287 assembles a carload.or some other large bill that will protect them and treat all Commission, which he made before the amount, he makes a contract with some others concerned fairly. That is what subcommittee in support of this measure. -earrier to ship the commodity, and earns the committee worked very zealously to Chairman Walrath made this state the difference between the small rate do, under the able leadership of our dis ment. which would be charged for a large tinguished chairman, the Senator from Section 411(a) of the act prohibits a shipment and the high rate which would Washington [Mr. MAGNUSON]. I feel freight forwarder or any person ( defined in be charged for a small shipment. Is that we have overcome any real substan -section 402 including an individual, firm, that correct? tive objection they might have. Our and corporation) controlling a freight for Mr. THURMOND. The able Senator only interest was to try to protect the warder .from acquiring control of a carrier is correct. public and to see that no one mode of subject to part I, II, or m of the act. Ex Mr. TALMADGE. Would that oppor pressly excepted from this prohibition is the transportation would receive any advan right of any carrier subject to part I, II, or tunity lend itself to a situation in which tage over another. We feel that the ver Ill to acquire control of any other carrier the forwarder could whipsaw the var biage in the bill will accomplish that subject to those parts in accordance with ious carriers into line regarding freight purpose. the provisions of section 5 of the act. shipments, and perhaps have them com Mr. HUMPHREY. Did the Bureau of In addition, under section 411 (g) it is peting with each other to the degree the Budget approve the bill? lawful for a common carrier subject to part that they could not stay in business? Mr. THURMOND. The Bureau of the I, n, or III or any person controlling such a Mr. THURMOND. The committee Budget-- common carrier to acquire control of a considered the various face ts of this Mr. HUMPHREY. Speaking for the freight forwarder. problem, and with the amendment which Taken together these three provisions lead President? to the following confusing results: has been added the committee does not Mr. THURMOND. In the letter sub think so. The committee felt that the mitted by the Department of Commerce, These are the words of Chairman Wal request of the Interstate Commerce in which the Department of Commerce rath of the Interstate Commerce Commission to amend the law, so that it stated it would have no objection to Commission: would apply both ways, was fair. the bill if it were modified concerning a. A person who initially gains control of a However, the committee inserted lan certain phase of it, which we did modify, common carrier can subsequently acquire guage which it felt would require greater it was stated that the Bureau of the control of a freight forwarder, but a per burden of proof before the ICC can Budget, although they are opposed to the son cannot first acquire control of freight approve a proposed transaction. The forwarder and then acquire control of a com bill, does not object to the submission mon carrier, although the result ls the same requirement stated was that it be t.o the of the Department of Commerce report, public advantage and in the public in in each instance. Also, a person who although there is no evidence demon -acquires control of a common carrier and a terest, and not unduly restrictive of com strating the need for the basic change freight forwarder, in that order, cannot later petition. proposed by the bill. acquire direct control of another common To meet this situation further, the That involves a question of need. The carrier, although he may indirectly accom committee developed new language for pllsh this by having the controlled com section 409 of the Interstate Commerce Interstate Commerce Commission, which mon carrier acquire control of the other Act, which would serve to preserve com 1s an arm of the Congress and not of common carrier. petition as well as to insure fairness in the Executive, would be more knowl To add to the confusion section 411 ( c) the relationships between freight for edgeable of the need for a change than precludes any director, officer, or employee warders, forwarder-controlled motor would the Bureau of the Budget, be of a common carrier subject to part I, II, or cause it falls within the Interstate Com III from directly or indirectly owning, con carriers, and all other motor carriers. trolllng, or holding stock in a freight .for Mr. TALMADGE. I take it from that merce Commission's field of activity. I do not think the Bureau of the Budget warder in his personal pecuniary interest. statement, that it is the opinion of the This leads to the rather unusual result that distinguished Senator that all carriers has any real or substantial objection, be under section 411(g) a person may control are adequately protected by the bill, to cause it raised none. If there had been both a carrier and a freight forwarder but, the point where they will not be whip any objection, it would have been pre in view of section 411 ( c) he may not be an sawed or taken advantage of by a large sented to the committee. officer, director, or employee of the carrier freight forwarder who controls 40 per Mr. HUMPHREY. The burden of and must exercise his control through nom cent of the business in America. proving the need should rest upon those inees or "dummies." Mr. THURMOND. It was the purpose who propose the legislation. I have I am sure the able Senator from Min of the committee t.o 'try to prevent any heard no great hue and cry for this nesota can see, from this language, the thing like that from happening, because legislation. There does not seem to be pleading of the Chairman of the Inter the committee wants t.o see fairness as any difficulty in the transportation sys state Commerce Commission. Further among all the modes of transportation. tem that has been caused by the exist on in his testimony, Chairman-Walrath The bill as amended provides for Inter ence of the present situation. What I said this: state Commerce Commission approval am afraid of is that one company in the [I]n reality, there is no practical differ before a freight forwarder can purchase freight forwarding business has a lion's ence between a common carrier controlling a motor carrier, or vice versa, and the share of all that business, and that un a freight forwarder, a freight forwarder con special language which has been inserted der the proposed legislation one com trolling a common carrier, or a person who in the bill, we feel, will not permit any pany would be able to extend its control, controls either acquiring control of the other one motor carrier or freight forwarder which is now about 40 percent in the so long as the relationship amounts to con to take advantage along the line the dis freight forwarding business, into what trol or management .of the two 1n a common tinguished Senator has mentioned. we call the truckline business. I believe interest. In other words, 1f opportunity to that lends itself to stifling competition. engage in objectional practice exists, it ls Mr. TALMADGE. I thank the dis ,by reason of the fact of common control of tinguished Senat.or. Mr.THURMOND. Mayireply? the carrier and forwarder and not the form Mr. HUMPHREY. Mr. President, will Mr. HUMPHREY. Yes; I would like whereby the control exists or is accomplished. the Senator yield? the Senator to give his point of view. Mr. THURMOND. I am pleased to Mr. THURMOND. I shall be very Mr. HUMPHREY. Mr. President, will yield. glad to reply to that statement. The the Senator yield further? Mr. HUMPHREY. This particular bill agency which instituted the movement Mr. THURMOND. I am pleased to has provoked a great deal of contr-oversy, for the bill was the Interstate Commerce yield. and the trucking 'industry in the State Commission. The bill was introduced at Mr. HUMPHREY. I note that the let of Minnesota has advised me of its strong its request. That is the agency of gov ter of the Justice Department which ap opposition to it. Those concerns have a -ernment which has supervision over pears in the report, signed by the Deputy right to suggest their point of view. motor carriers, railways, water transpor Attorney General Nicholas Katzenbach, I should like to ask the Senator from tation, freight forwarders, and so on. states that the Justice Department does South Carolina if the bill was approved I do not believe the Senator was pres not recommend this legislation. The by the Bureau of the Budget. ent at the time I made this statement. letter states: Mr. THURMOND. First, the trucking I would like to take about 2 minutes to This Department feels that no real need industry in South Carolina is also op review a portion of the statement of the has been demonstrated for the proposed posed; but 1: think we have written a Chairman of the Interstate Commerce change, exempting, .as lt does, yet another 11288 CONGRESSIONAL RECORD - SENATE June 20 area of transportation from the competition freight forwarder. The trucking com Mr. HUMPHREY. What did the Jus preserving standards of the antitrust laws. panies are doing that now to the extent tice Department say about it? Did the Mr. Katzenbach further stated: of 42 percent of the freight forwarders. action of the committee satisfy the coJ;n The bill not only exempts further trans Apparently the Senator is arguing that plaint of the Justice Department? actions approved by the Commission from the it is all right for them to do that, but Mr. THURMOND. We have not gone antitrust standards; it could, in addition, be that the reverse is not right. We want back to them, because we have inserted construed to immunize consummated acqui to put a brake on such operations, so a provision which we feel overcomes any sitions and unifications. that they would have to go to the ICC objection that it could have had to the Mr. THURMOND. We have amended to show that it was proper. If the Sen bill. The Interstate Commerce Com ator wants to take this provision out, he mission determines the feasibility of fu the bill to overcome that objection. ought to provide that truckers shall be ture acquisitions. The Justice Depart Mr. HUMPHREY. Will the Senator prevented from acquiring freight for ment would not go into these matters. give me the specific language which indi warders. One cannot be made a dog in The one thing they are interested in is cates that there is no doubt as to the ap the manger, and not the other also. the application of the antitrust laws to plication of the antitrust laws? This The pending bill is an ICC bill. It was previous acquisitions. Therefore, we language, to the effect that there shall unanimously approved by the Commis have inserted this new section. not be unfair competition, is not suffi sion. It was not initiated in the com Mr. HUMPHREY. I believe that the ciently definite to satisfy the Senator mittee. The ICC, after a long discus committee ought to be able to tell us, from Minnesota, because I have seen that sion of this subject, decided that this with the amendments which have been language too many times, and it has been was what should be done to equalize the added as committee amendments, the interpreted as being meaningless; as be situation. If there is any anti.monopoly following things: Has the Bureau of the ing only a sort of ritual. restriction that we can put in the bill, Budget changed from its position of op Mr. THURMOND. I shall be glad to we will accept such a suggestion. position to a position of support or at do so. The Senator from South Carolina, least a position of neutrality? Has the Mr. HUMPHREY. I paint out that after long hearings, thought that he had Department of Justice changed from its this is a piece of legislation for which added language that would accomplish position of opposition to a position of two impcrtant departments of Govern this purpose. support, or at least to a position of be ment have said there is no demonstrated Mr. SCOT!'. We have already done nevolent neutrality? I think we ought need. One department of Government to know these things. If we do not know says it might very well weaken the so. Mr. HUMPHREY. Is it not true that about them, we ought to delay action on application of the antitrust laws to the bill, because this is a basic matter. transpcrtation facilities, and that it one freight forwarder owns a substantial share of the entire freight forwarding Mr. SCOTT. I have something to of might very well blanket into executive fer. Of course I am aware that the mi approval transactions that have taken business? I do not mean one individ nority has no rights. place in the past, which, under the ual; I mean one company. In terms of Mr. HUMPHREY. The minority has present law would be subject to antitrust the law, of course, a corporation is a per many ·rights. provisions. son. On the other hand, is there any Mr. SCOT!'. I am ready to make my I see no particular advantage in the one trucking company that owns a sub offer at any time I get recognition. passage of the proposed legislation. I stantial share, and thereby the con Mr. THURMOND. I will answer the have not received one letter from anyone trolling share, of the over-the-line or Senator from Minnesota. First I am in my State who has said the legislation long-haul trucking operations? I think glad to yield to the distinguished Sen was needed. On the other hand, I have not. This is a highly competitive busi i; is ator from Pennsylvania. received many complaints from people ness. The only danger see that one Mr. MAGNUSON. Mr. President, will who are worried about it. The existing company, a large freight - forwarder, the Senator yield first to me on this par transportation policy has not crippled could control as much as 40 percent of ticular point? the freight forwarding business. It is the freight forwarding business, and if Mr. THURMOND. I yield. one of the most profitable enterprises in that company is permitted to move in Mr. MAGNUSON. This was a very the country. The Interstate Commerce on the trucking lines, there will be tied compelling argument to the ICC. I wish Commission states that the enactment of up in the hands or' one company a sub to read from the hearings at page 18. the legislation would be a good thing for stantial share of the transpcrtation sys The Senator is talking about big com them, because it would eliminate some tem of the country. I do not believe panies and big business. I know the of the confusion in the act. Under the that is good public policy. transportation industry. law a common carrier may acquire a Mr. MAGNUSON. The reason we are Mr. HUMPHREY. The Senator knows freight forwarder, but a freight for doing that is to give the ICC the power it very well. warder may not acquire a common car it needs. Mr. MAGNUSON. I know of the rier. That policy was established for Mr. THURMOND. What the Senator many disagreements between the various the purpose of preventing freight for fears could be accomplished now. If the modes of transportation. The situation warders who had a definite business, bill were passed it could not be done, be is becoming such that whenever we try because they serve so many clients and cause the ICC would have to approve to equalize anything between certain el~ customers, from gaining operative con every transfer. ements in the transportation industry, trol over the trucking business. The Mr. HUMPHREY. What jurisdiction the proposal is opposed by one side or original legislation relating to the trans does the Justice Department have? the other. If we have a bill that the portation industry was not designed by Mr. THURMOND. We have added a railroads think is all right, the truckers accident. What we now see is that cer.:. section to the bill to overcome the objec oppose it. If we ha,ve a bill which the tain interests in the country feel it would truckers believe is all right, the railroads be to their advantage if they could ac tion of the Justice Department. It is oppose it. On the other hand the freight quire the over-the-line or long-haul section 6 of the bill, and it reads as forwarders will oppose inland waterways trucking operations, and thereby tie up follows: bills. If we ever get a bill that is a not only the freight forwarding business, SEC. 6. Nothing in this Act shall be con model of agreement, the Senator from but also the over-the-line or long-haul strued to affect the applicability of the anti Pennsylvania and I will adjourn and trucking business. I do not see the need trust laws, as defined in the first section of the Act of October 15, 1914 (15 U.S.C. 12), declare a holiday. for the proposed legfslation. It has ~ot with respect to effectuation prior to the date An agency of Government, namely, the been demonstrated. of enactment of this Act (by stock owner~ ICC, is responsible in these matters. It Mr. MAGNUSON. Mr. President, will ship or otherwise) of the control or man is trying to do something. The Commis the Senator yield? agement of a freight forwarder subject to sion consists of fair men. The Commis Mr. THURMOND. I yield. part IV of the Interstate Commerce Act in sion has unanimously approved the bill. Mr. MAGNUSON. There is a need. a common interest with any other such They believe that the bill will equalize The Senator might make a plausible freight forwarder or with a common carrier certain factors in the transportation argument agai~t freight forwarder op subject to part I, II, or Ill of such Act. squabble. Now another mode of trans erations, but under the present system, We feel that we have cleared up this portation oppcses it. The trucking com- a trucking company can acquire a difficulty. 1>anies have been able to acquire freight 1963 CONGRESSIONAL ·:trncoRD - SENATE 11289 forwarders to · the tune of· about 40 certain that it cannot be made retroac have provided language to take care of percent. tive, because blanket sanctions should that. Mr. HUMPHREY. Mr. President, will not be given. I submit that this is the real question, the Senator yield? · So the committee met to mark up the as the Senator from Washington brought · Mr. SCOTT. I understood that the bill, and we corrected that situation. out a moment ago: What would happen Senator from South Carolina had yielded Then we received a letter from the if the act were not changed? First, an to me, ·but that I had agreed to defer . Attorney General, who said he did not inequality would be preserved. Every my statement until the Senator from want the bill to contain anything that one mentioned in the act would be per Washington had made his statement. would seem to limit the powers of gov mitted to own freight forwarders, but Mr. MAGNUSON. I wish to read from ernment-that is, the Attorney Gen freight forwarders would not be per the healings at page 18: eral-in antitrust proceedings. So we mitted a similar privilege. If forwarders have advantages over motor provided a clause to satisfy the Attorney If the act be not amended, we do not carriers, they have not been reflected in the General, and it was acceded to, so far as bring under regulation all the persons relative fortunes of the two industries since I know, either unanimously or by an or carriers and freight forwarders who forwarders were regulated. In 1943, the first overwhelming majority of the committee. full year of forwarder regulation, the indus come within the jurisdiction of the Inter try transported 5,093,000 tons of freight. In We say, in section 6, in as clear words state Commerce Commission. So if we 1961, the industry transported only 4,010,000 as can be used: do not change the act and impose over tons of freight. I do not have the tons Nothing in this Act shall be construed to all and equal rights and regulations at originated figures for trucks, but over the affect the applicab111ty of the antitrust the same time, all we do is to sa,y to the same period the ton-miles of freight handied laws, as defined in the first section of the freight forwarders, "Get your lawyers by motor carriers rose from 67 to 304 Act of October 15, 1914 (15 U.S.C. 12), with and accountants, and do what you have billion. · respect to effectuation prior to the date of enactment of this Act (by stock ownership every right to do now unde:r the law: They have a 304 billion ton-miles in or otherwise) of tl).e control of manage Acquire a trucking company, and an dustry, and the other people have only ment of a freight forwarder subject to part other trucking company, and another. a minor or secondary part in the trans IV of the Interstate Commerce Act in a Then, through the trucking companies, portation system of the country. What common intere.st with any other such freight acquire the freight forwarders that you the committee is suggesting and what forwarder or with a common carrier sub want to acquire." the. ICC is suggesting is that the situa ject to part I, ;n, or III of such Act. Then we will have accomplished tion be equalized. The committee was in constant touch through the back door, by moving from This is of a nature secondary to the with the lawyers of the Department of B to A without regulation, what we say transportation system. If the Senator Justice, the Department of Commerce, should be accomplished through the is becoming curious about how the trans the Bureau of the Budget, and the Comp front door by moving from A to B with portation system is operated, he ought to troller of the Currency. I do not know regulation. come to the committee and listen to what how many times we are required to keep Mr. HUMPHREY. Mr. President, will takes place. We have been struggling going back and forth if they raise ob the Senator yield? for 15 years with railroads, inland water jection. If we believe their proposals Mr. THURMOND. I yield to the Sen ways, motor carriers, and freight for have merit, our job is to meet them. ator from Minnesota. warders. In my judgment, we have met each of Mr. HUMPHREY. The Senator from The freight · forwarders were made them. We have even met the major ob Pennsylvania makes a persuasive argu common carriers about 12 years ago, fol jection of the American Trucking Asso ment. I think he has demonstrated lowing long hearings, which I remember ciation, which feared that the bill would that there is a weakness in the present very well. The freight forwarders are lead to common ownership; that ls, the law. I had the feeling that there was. now supposed to be a reliable, responsible ownership of one mode of transporta Now he bas convinced me. part of the transportation system. And tion by another. So, as the report says: In my opinion, what is needed is not yet, their movement of freight has de Your committee, to meet this situation, an amendment that permits freight for creased to about 4 million tons as com developed new language for section 409 which warders to acquire trucking companies. pared to 304 billion ton-miles for the should serve to preserve competition as well I think that what is needed is an amend motor carriers. That is some monopoly. as to insure fairness in the relationship be ment that prevents trucking companies But the truck lines-and I think rightly tween the freight forwarder, the forwarder'& controlled motor carrier, and all other motor from acquiring freight forwarders, and so-have been allowed to acquire freight carriers. vice versa. In other words, there should forwarders. It makes for better service be divestitures ~s between the big freight to the public, in my opinion. What we I shall read from section 409 and will trucking companies and the freight for hope we are talking about is providing stress the new language as I come to it: warders. As I recall, this is what the equity to those people as compared with SEC. 409. (a) • • .. : Provided, That in the American Trucking Association finally other modes of transportation; · case of such contracts it shall be the duty of recommended. It is also what the I wanted to make this statement be the parties thereto to establish just, reason House Committee on Interstate and For cause there was an implication· that able, and equitable terms, conditions, and eign Commerce finally recommended. compensation which shall not unduly prefer freight forwarders are some kind of huge, or prejudice any of such participants. or any It has been pointed out that a very giant operation which, if it were not put other freight forwarder- sinister operation is going on. Truck under regulation, might stifle compe ing companies are acquiring freight tition. Here is new language: "or any com forwarders, as they have a right to do Mr. SCOTT. Mr. President, I have mon carrier by motor vehicle subject to under existing law. So how is it pro remained uncharacteristically modest part II,"; then the old language: "shall posed to remedy the situation? By giv because I recognized that Senators who be consistent with the national trans ing freight forwarders the right to ac have been discussing this subject have portation policy declared in this Act." quire trucking companies. That does had a longer period of experience with Then new language: "and shall not not seem to me to remedy the situation; ft. than I have. However, I wish to try unduly restrain competition." it only compounds the trouble. to allay the fears of the distinguished It seems to me that we have tried to Mr. MAGNUSON. It is no trouble. Senator from Minnesota, because I think meet and have met all valid arguments No one says that trucking companies he is beating a dead horse. I believe he which could be -asserted against the bill. should not have the right to control or is talking 1n terms of something that It is true that the Bureau of the Budget acquire freight forwarders. That has existed before, but does not exist now; says it does not see a need for the bill; been good for the shipper and good for that is, that it was necessary to satisfy but that is not the function of the Bu service. · It is not wrong for truckers to certain departments of the Government. reau of the Budget. do that. . The Comptroller ·General had already The Department of Commerce sees a Mr. HUMPHREY. There is an honest indicated that be believed the bill w-ould need for the b-ill as amended. The Inter difference of opinion about this proposal. c!1:1,rify an incqnsistency and wot1ld be 'in state Commerce Com.mission sees a need I respect the views of the chairman of the public interest. for the bill. The Department of Justice the committee and of the Senator from The Secretary of Commerce says he is sees a need for the bill, if the antitrust Pennsylvania. · · They know a great deal satisfied with· the bill but wants to· be features generally be preserved. We about transportation. I simply say that, 11290 CONGRESSIONAL RECORD - SENATE June 20 according to the information that comes ,The LEGISLATIVE CLERK. A -bill (H.R. heard from. The statutory right of rail to me, from intelligent people in my 220 ) to amend· section 704 of title 38, roads and water carriers to acquire for home state and elsewhere-such organi United States Code; to permit the conver~ warders would be eliminated and any zations, for example, as the National In ~ion or exchange of pollcles of national property rights which they have in dependent Traffic League, railroad labor, service life insurance to a new modified forwarders would be jeopardized or the American Waterways Operators, the life plan. destroyed, all without notice or opportu American Retail Federation, the Nation nity for hearing. It is not in the Amer al Retail Merchants Association, Min CONTROL OF FREIGHT ican tradition to take away rights with nesota Motor Transport Association, and FORWARDERS out hearing. others-there is much opposition to the Second. The amendment would not bill. Mr. THURMOND. Mr. President, I bring about equality and it would be in Furthermore, I now learn that two ask unanimous consent that the unfin consistent with congressional policy. agencies of the Government have had ished business be temporarily laid aside, Long-standing congressional policy is to serious doubts about the bill. I recog and that the Senate resume the consider permit intercarrier acquisitions that nize that changes have been made by ation of Senate bill° 684. clearly serve the public interest. S. 684 the committee in the form of amend The ACTING PRESIDENT pro tem extends that policy to forwarders. The ments. However, I think my question pore. Is there objection? proposed amendment would make the was fair. Did those changes satisfy Mr. GORE. Reserving the right to ob present bad situation worse by insuring the doubts a.IIQ. complaints of the agen ject, Mr. President, did not the Chair that in the future whatever public ad .cies of the Government that originally lay before the Senate the veterans bill? vantages there might be in the common opposed the bill? The ACTING PRESIDENT pro tem ownership of a freight forwarder and Mr. SCOT!'. My answer is that if pore. That bill was laid before the Sen another carrier would be barred by stat they did not, we have not heard from ate by the Chair; but, by unanimous con ute without opportunity for considera those agencies; although I think an af sent, it can be laid aside. tion on the merits. firmative answer would be more con Mr. HUMPHREY. Mr. President, I Third. The amendment was consid clusive. ask unanimous consent that the unfin ered and rejected by the Commerce Com Mr. HUMPHREY. Some Senators are ished business be temporarily laid aside, mittee. The report points out that opposed to the bill; and because of that and that the Senate resume the con divestiture is a harsh remedy. Forced fact, final action on the bill was held sideration of Senate bill 684, Calendar sale at distress prices of property ac up. I think the bill needs to be handled No. 216. quired in good faith under existing law by means of a yea-and-nay vote, rather The ACTING PRESIDENT pro tem is contrary to the spirit if not the letter than a voice vote; and if we are to have pore. Is there objection? of due process. a yea-and-nay vote, it will be necessary There being no objection, the Senate The amendment is new legislation to postpone final action on the bill until resumed the consideration of the bill which ought to be considered, if at all, Monday, because that was the general (S. 684 ) to clarify certain provisions of on its merits as an introduced bill with understanding. part IV of the Interstate Commerce Act full hearings. The issue before the Sen Mr. SCOT!'. The Senator from Min and to place transactions involving uni ate is S. 684 as reported. nesota is correct that, under the agree fication on acquisitions of control of Mr. President, this bill was recom ment, there would then be a yea-and freight forwarders under the provisions mended by the Interstate Commerce nay vote on Monday. of section 5 of the act. Commission and reported by the Senate Mr. MAGNUSON. Mr. President, I The ACTING PRESIDENT pro tem Commerce Committee. In both cases hope the Senator from Minnesota does pore. The Senator from South Carolina the action was unanimous. This indi not create the impression that because he [Mr. THURMOND ] has the floor. cates, to me, that the bill is well consid ls opposed to the bill, it cannot be han Mr. SCOT!'. Mr. President, will the ered and supported by convincing dled by a voice vote, but must await a Senator from. South Carolina yield? evidence. yea-and-nay vote on Monday. We are Mr. THURMOND. I yield to the dis The trucking industry, through its as perfectly willing to have further action. tinguished Senator from Pennsylvania. sociation, opposed the bill; but its argu on the bill go over until Monday, because Mr. SCOT!'. Mr. President, the sug ments wer~ t~oroughly considered by the several Senators who have an interest gestion of the Senator from Minnesota Commerce Committee. The Committee on the "pro" side wish to speak on the with regard to divestiture remirilis me was convinced that objections to the bill bill. However, I hope that between now of those who say, "If we cannot have did not outweigh the compelling facts and Monday Senators will examine the everything our own way, we will pull which supports its enactment. hearings and the factual report made by the whole structure down over the heads Some have traditionally opposed the those in the transportation industry of everybody else." That is the attitude common ownership of one mode of car who are responsible and those in govern of a blind oppositionist, which I do not riage by another. But that is not an ment who are responsible to the public think is worthy of, and do not attribute argument against this bill. It is an ar interest, who unanimously think this to, any particular group. gument against the longstanding policy should be done. I am sure that if the Senator from of Congress to permit such common own I ·do not think the Bureau of the Minnesota will consider this question ership. Common ownership of forward Budget knows anything at all about this a little further, he will not attempt to ers and other carriers is permitted today, matter, although it has some responsi undo, by so broad and drastic a proposal, bt1,t it works only one way. The bill bilities. But this measure has nothing the regulatory powers of the Interstate would equalize the situation, and leave to do with finances, ·taxes, or things of Commerce Commission. it up to the ICC to decide whether such that sort. The Senate Commerce Committee, common ownership is in the public I hope Senators will read the report which we still believe, with some justice, interest. and the reason why the Interstate Com has some knowledge of this subject, has Opponents of the bill make a distinc merce Commission has been unanimous reported that divestiture would be a tion between "carriers" and "freight for in asking Congress to consider the bill. harsh· remedy, and also that divestiture warders" and allege that somehow 1t· would reverse the basic purpose of the would be bad to permit forwarders to ac NATIONAL SERVICE LIFE bill. In short, the Commerce Committee quire carriers. The law makes no such takes the position that such an amend distinction. Freight forwarders always INSURANCE ment should not be included in the bill were held to be common carriers at com The ACTING PRESIDENT pro tem because- mon law. They have been regulated as pore. The hour of 2 o'clock having ar First. This would be new legislation such since 1942. The law imposes on rived, the morning hour is concluded; reversing the basic purpose of the bill, forwarders all the duties and responsi and the Chair lays before the Senate the and adversely affecting important inter bilities imposed on any other common unfinished business, which will be stated. ests which have not been notified or carrier. 1963 CONGRESSIONAL RECORD ·- -SENA TE 11291 Other carriers, and particularly motor passage of ·the bill; I wish to be ·recorded section 12, he will find that this measure carriers, now own forwarders and oper as being opposed to the bill. refers to all antitrust laws. ate them under common management. Mr~ KEFAUVER. Mr. President, will Mr. KEFAUVER. But the act of Oc The ICC concluded, and testified that- the Senator from· South Carolina yield tober 15, 1914, is the Clayton Act, not In· reality, there is no practical difference tome? · the Sherman Act. between a common carrier controlling a Mr. THURMOND. I yield to the Sen Mr. THURMOND. I understand; but freight forwarder, a freight forwarder con ator from Tennessee. section 6 reads in part as follows: troll.ing a common carrier, or a person who Mr. KEFAUVER. I have not had an controls either acquiring control of the other Nothing in this Act shall be construed to i,o long as . the relationship amounts to con opportunity to read all the hearings or to affect the applicability of the antitrust laws, trol or management of the two in a common find out as much about the bill as I as defined in the first section- interest. should have; and I shall do so before Monday. And that section refers to title 15, sec The bill recognizes this obvious fact. I wish to ask one or two questions. tion 12 of the United States Code, which It is difficult for me to understand We are told that section 6, on page 10, in turn refers to the act of 1894, the what the opponents fear about S. 684. beginning in line 7, makes the antitrust Sherman Act. ~urely the freight forwarding industry, laws applicable to this bill. But if the So if the Senator from Tennessee will which grosses only about $450 million a Senator from South Carolina will ex look into this subject carefully, I believe year, will not be able to "gobble up" the amine section 6, he will find that it re he will find that the bill as it has been trucking industry which in 1961 had fers to the act of October 15, 1914, which prepared covers that situation. gross revenues of $7 .5 billion. is the Clayton Act. On the other hand, Mr. KEFAUVER. However, it is true The fact is that unless the law is the antitrust law which prevents re that the act of 1914 is the Clayton Act, changed the trucking industry could straints of competition is the Sherman not the Sherman Act. · • soon dominate the forwarding industry. Act of 1890; but it is not made applicable As matters now stand, a trucking line Testimony before the Committee showed by this provision of ·the bill. In other can own a freight forwarder, and a rail that at the time of the hearings, motor words, insofar as the· bill is concerned, road can own a freight forwarder; and carriers owned more than 20 forwarders, there could be restraints on competition they do. constituting over 15 percent of the in and there could be monopoly. The freight forwarder performs a very dustry. Since the hearings it has been Mr. THURMOND. Would the Senator important service. If the freight for announced in the press that the third from Tennessee like to offer an amend warder owns a trucking line or a rail largest forwarder was purchased by a ment? road, what is there in the bill which truckline. With this acquisition, motor would prevent the freight forwarder carriers own more than 25 percent of th~ Mr. KEFAUVER. I should like to study the bill. I may have an amend from selecting his own trucking line or forwarding industry. his own railroad to the detriment of It is no answer to say that there should ment to offer. But I point out that the Clayton Act is not likely to be appli oth~r trucking lines and railroads as be a complete ban against acquisitions a forwarder of freight? of or by forwarders. That would not cable to such matters. The matters of concern in connection with this sub Mr. SCOTT. Would not the regula bring about equality and it would be op tions of the Interstate Commerce Com posed to the traditional policy of Con ject would be those with regard to re straints of competition, which are dealt mission and the power of the Commis gress, as represented by section 5 of the sion prevent that? Act. If there are any situations in with by section 1 of the Sherman Act, which it is in the public interest for one and those in regard to monopoly which Mr. MAGNUSON. The truckers do carrier to acquire another, then such ac are dealt with by section 2 of the Sher the same thing now with the freight quisitions should be permitted, with the man Act. So sections 1 and 2 of the forwarders. approval of the ICC. Arbitrary dis Sherman Act are really of importance. Mr. THURMOND. I believe I can tinctions should not be made by the law. As I understand the situation, at the answer the question for the Senator. To We have a congressional policy regarding present time a trucking line may own a meet this situation, the committee de acquisitions; and that policy should be freight forwarder. A freight forwarder veloped new language for section 409, applied uniformly, as this bill would do. performs very important service in col which is designed, to preserve competi Let us, by all means, debate the bill lecting freight from small businesses and tion as well as to insure fairness in the and express our differences. However, I sending it on. Similarly, a railroad may relationship between the freight for would much prefer that the bill be de own a freight forwarder, if I correctly warders, the forwarders controlled motor feated, rather than see it become an in understand the situation. carriers, and all other motor carriers. strument for destruction of the rights of But many persons have expressed fear Mr. KEFAUVER. On page 6, begin other carriers before the Interstate Com about this existing approach to common ning at line 3, the f Qllowing language merce Commission, which might be the ownership, but under the bill, we go fur appears: result of the proposed divestiture amend ther and allow a freight forwarder to Provided, That if the Commission approves ment. In my opinion, any Senator who acquire a railroad and a motor carrier any such transaction, no terms or conditions found himself supporting this amend or barge line. Personally, I should like shall be imposed which would require the ment without studying its implications to see each of them separated and com motor carrier or freight forwarder so acquired petitive, even though I realize the prob to confine its service to shipments moving would spend the rest of his time explain on the bills of lading of or having a prior or ing why he had done so. lem here, because there is a vested in subsequent haul by the acquiring freight Mr. CURTIS. Mr. President, will the terest. Likewise, I realize the problem forwarder or motor carrier. Senator from South Carolina yield? of divestiture, although that really Mr. THURMOND. I yield to the Sen should be done if there is need for com So the bill seems specifically to au ator from Nebraska. I believe he must petitive balance. thorize the freight forwarder to haul over leave the Chamber in a moment, to at But the problem is this: If a freight his own line even to the exclusion of tend a committee meeting, forwarder can own a trucking line or a other carriers. Mr. CURTIS. ·I thank the Senator railroad, is there not a likelihood that Mr. MAGNUSON. The same provi from South Carolina for yielding to me. such a freight:forwarder would want to sion now applies to the truckers and the Mr. President, I am not unmindful concentrate its business on the trucking railroads. that there are arguments in favor of the line or the railroad it owns, to the detri Mr. KEFAUVER. Mr. President, will bill; neither am I unmindful of the work ment of other trucking lines and rail the Senator yield? which has been done by the committee, roads? Mr. THURMOND. I yield. · It has been said that the bill might be Mr. THURMOND. Mr. President, Mr. KEFAUVER. I point out to the passed without the taking of a yea-and with regard to the first point raised by chairman of the committee that it would nay vote. -I do not favor the passage of the Senator from Tennessee; the anti be manifestly unfair if I, as a freight the -bill; and if there is a yea-and-nay trust provision, I would say that· by ex forwarder, should· divert the business to vote in connection with the question of amining title 15, T:Jllited States Code, my own truck line· and then discriminate 11292 CONGRESSIONAL RECORD-· SENATE June 20 in favor of my own truck line against Commission is not a: very reliable board the provision can be changed. The car competing truck lines. as a whole. rier is subject to all the regulations. Mr. MAGNUSON. I believe it would Mr. YOUNG of Ohio. Mr. President, Mr. THURMOND. Mr. President, the be, but I think the ICC would not ap will the Senator from South Carolina purpose of the bill is to bring about prove of such activity. I would hope yield? equality. I remind the Senate that the that it w-0uld not approve it. Mr. THURMOND. I yield to the Sen bill was recommended by the Interstate Mr. KEFAUVER. The ICC now takes ator from Ohio. Commerce Commission, an agency of a long time to get around to deciding a Mr. YOUNG of Ohio. In view of the the Government that is specifically question. In my experience the ICC is serious question posed by the distin charged with regulating common car not a reliable regulator of the trucks guished Senator from Tennessee and the riers. Furthermore, the Department of and railroads. situation that has developed-for ex Commerce has recommended the bill. Mr~ THURMOND. Mr. President; in ample, I very much desire to read more The committee has carefully considered regard to the point raised by the dis carefully the hearings on the bill-I feel it, but some questions have been raised tinguished Senator from Tennessee, on that the bill should go over until next by Senators. Some Senators are absent the antitrust question, the citation re week, and that at that time there should today. In view of that situation, I ask be a yea-and-nay vote upon final pas unanimous consent that the bill be car f erred t.o, title 15, section 12, reads as sage. I do not wish to proceed at this follows: ried over until next Monday, time. I would feel compelled to vote Mr. SCOTT. Mr. President, I have "Antitrust laws" as used herein includes against the measure until I have studied the Act entitled. "An Act to protect trade no objection. and commerce against unlawful restraints it further, although I may vote against The PRESIDING OFFICER (Mr. and.monopolies, approved July 2, 1890;" sec it anyway. INOUYE in the chair). Is there objec tions 73 to 77, inclusive, of an Act entitled Mr. THURMOND. In response to the tion? The Chair hears none, and it is "An Act to reduce taxation and provide reve point made by the Senator from Ten so ordered. nue for the Government and for other pur nessee, I call his attention to the fact Mr. HUMPHREY. Mr. President, I poses, August 27, 1894;" an Act entitled "An that the bill provides that any transfer appreciate the thought and the wish Act to amend sections 73 and 76 of the Act would be in the interest of the public, of August 27, 1894; an Act entitled "An Act that have been expressed by the distin to reduce taxation to provide revenue for consistent with the public interest, and guished Senator from South Carolina, the Government, and for other purposes," would not unduly restrain competition. who is handling the bill, and the Sena approved February 12, 1913. So I believe the criteria is established tor from Pennsylvania, who represents for the Interstate Commerce Commis Mr. KEFAUVER. In response to that the minority. A number of Senators sion. have expressed concern. I desire the statement, the way the language is now Mr. KEFAUVER. I call attention to worded in section 6, page 10, in my opin record to show clearly that the Senator the fact that the term "unduly restrain from Minnesota has today expressed his ion applies only to the Clayton Act. The competition" is practically meaningless. first section of the act of October 15, own concern. As I have explained pri The Sherman Act provides that any con vately to my colleagues, several Senators 1914-- tract that would restrain competition is Mr. THURMOND. Mr. President, if and administrative assistants have called illegal. We get into vague language of me and asked me to express their con the Senator desires to offer an amend what is "due," and what is "undue," ment, I suggest that he do so. cern about the proposed legislation. what is big, and what is little. Such Therefore I am now about to move-- Mr. KEFAUVER. Mr. President, title criteria really means nothing. Mr. SCOTT. Before the Senator 15, United States Code, section 12 refers Mr. MAGNUSON. Mr. President, will only to where the provision can be found makes his motion, let me make the fur the Senator yield for one statement? ther comment that I am also advised in the code. I will consider an amend Mr. THURMOND. I yield. that a number of Senators on both sides ment. Mr. MAGNUSON. When we talk of the aisle who favor the bill would like Mr. HUMPHREY. Mr. President, will about discrimination, we had better re to be heard on Monday. the Senator yield to me? member that when a company is made a Mr. HUMPHREY. Indeed. The dis Mr. KEFAUVER. Mr. President, if common carrier, it may not discriminate. cussion has been helpful, and I am hope the Senator will yield further, I should There is, I suppose, a great deal of it ful that between now and Monday many like to conclude. going on. But one who has been dis of the points which have been raised Mr. THURMOND. I yield to the Sen criminated against has the right to use will be studied. We shall read the hear ator from Tennessee. all the machinery of government-courts ings, consult with the appropriate agen Mr. KEFAUVER. I understand the and every other means--to oppose that cies of the Government, and be prepared argument was made that a freight for discrimination. We made the freight to act on Monday. warder might not be able to find a truck forwarders common carriers. They are Whether there will be a yea-and-nay ing line or railroad to carry freight. like the railroads. Trucking lines can vote or not will be determined by the Therefore he might acquire a small rail not discriminate, and neither can rail will of the Senate on Monday. I do not road or a small trucking line. Should roads, freight forwarders, or inland think we should say with certainty that there not be some showing that public waterways. will be the case. carrier facilities are not available in the Mr. KEFAUVER. Mr. President, I de The Senator from South Carolina has area in which the freight forwarder sire to point out to the chairman of the rendered an admirable service in ex wants to operate before he can purchase? committee, that in the first place, to plaining the ·bill. Many doubts have Mr. THURMOND. In reply to the obtain legal relief against discrimination requires a long time, particularly when been raised. Many questions have been question, the Interstate Commerce Com answered. mission would take all these factors into the proceeding is before the Interstate Commerce Commission. Furthermore, With that statement, Mr. President, I consideration. Before the Interstate now move that the Senate temporarily Commerce Commission would approve I am afraid that the language on page the purchase of a motor carrier by a 6- set aside the pending business, Calendar freight forwarder or a freight forwarder Mr. THURMOND. That is language No. 216, and proceed to the consideration by a motor carrier, under the bill now be which is additional to that proposed by of Calendar No. 231. fore the Senate, the Interstate Com the Interstate Commerce Commission. Mr. SCOTT. Mr. President, is it the merce Commission approval would be re Mr. KEFAUVER. In other words, the understanding that the pending bill, S. quired. At the present time an acquisi language on page 6, lines 3 down to line 684, will again be considered on Monday? tion of a freight forwarder by a motor 8, specifically authorize discrimination Mr. HUMPHREY. That is the under carrier does not require such approval. by saying that they can use the common standing. It was so announced yester Mr. KEFAUVER. I have found that carrier owned by the freight forwarder. day, in case the bill should be displaced. unless specific criteria and guidelines . Mr. MAGNUSON. I do ·not believe The PRESIDING OFFICER. Pursu a.re laid down, the Interstate Commerce it authorizes discrimination. If it does, ant to the unanimous~consent agree- 1963 CONGRESS~ONAL RECORD-SENATE 11293 ment, the bill will go over until next cently has achieved almost unnoticed in the fallowing Ohio newspapers be week. success. printed in the RECORD at this point as Mr. THURMOND. Mr. President, if These three amendments--to nullify part of my remarks: The Plain Dealer any Senator has an amendment which the Supreme Court reapportionment de of May 18, 1963; the Cleveland Press of he wishes to offer to the bill, which the cision, to make it possible to amend the June 1, 1963; the Cincinnati Post and Senate has been considering, I suggest Constitution without the participation of Times-Star of May 31, 1963; the Dayton that if possible the amendment be offered the Congress, and to create a super Daily News of May 19, 1963; and the today, The amendments could be court superior to the Supreme Court Akron Beacon Journal of May 20 and 24, printed and be made available to Sena composed of the Chief Justices of the 50 1963. tors. That would be helpful during the . : enact3d, would cripple the There being no objection, the editorials consideration of the bill again on Mon r; ystem of Federal powers which our were ordered to be printed in the RECORD, day. Founding Fathers created. as follows: Mr. HUMPHREY. The Senator from Members of the legal profession who [From the Plain Dealer, May 18, 1963} Iowa [Mr. MILLER] did offer such an should be in the forefront of those op AVOID A COURT MUZZLE amendment, and will be prepared to dis posing these amendments have been A proposal to muzzle the Federal courts cuss it on Monday. shamefully silent. In fact, the Chief on State reapportionment matters, now re Justice of the United States expressed vived in an Ohio senate committee after shocked amazement that after research Eeeming death last week, should be halted ORDER FOR ADJOURNMENT ing all the pu~lications of the legal so again, permanently. State senators from ur ban areas, from both political parties, should UNTIL MONDAY cieties and all the law reviews he found only one article-by Prof. Charles L. see to it that this is done. Mr. HUMPHREY. Mr. President, I Black of the Yale Law School published Some senators like the powerful C. Stan ask unanimous consent that when the in the Yale Law Journal-which dealt ley Mechem, Republican majority leader who Senate completes its business today it used his influence to get reconsideration of with the three amendments. It is re the issue, want to keep the status quo for stand in adjournment until 12 o'clock grettable that while a powerful coalition ever on the present apportionment system. noon on Monday next. of State legislative leaders was trying to But such a freeze is not in the interest of The PRESIDING OFFICER. Without reduce the Nation to a weak collection the areas in this State where the bulk of objection, it is so ordered. of squabbling States similar to that the people live and where ever-larger per which existed under the articles of con centages of the population will live. federation almost 200 years ago, it be If there is to be no ultimate standard NATIONAL SERVICE LIFE setter in the Nation on the question of came necessary for the Chief Justice of whether a citizen's vote in one part of a INSURANCE the United States to sound the principal State is to have something near equality The PRESIDING OFFICER. The note of alarm. with the vote of a citizen in another part of Chair lays before the Senate the un Only the press has fulfilled its re the same State, then the underrepresenta sponsibility in this situation. Several tion of urban areas, already serious, will be finished business. come unbearable. The Senate resumed the consideration newspapers have expressed the hidden dangers of the proposed amendments. Any person or group may differ with indi of the bill (H.R. 220) to amend section vidual decisions of the Federal Supreme 704 of title 38, United States Code, to One or more of these amendments has Court on reapportionment within States, or permit the conversion or exchange of already been approved by the legislatures on other isEues. But it must be remembered policies of national service life insur of as many. as 13 States. At this mo that the Court represents a safety valve. If ance to a new modified life plan. ment, they are pending before the Gen it should be prohibited from having anything Mr. HUMPHREY. Mr. President, I eral Assembly of Ohio and before the to say on litigation about a single State mat legislatures of many other States. In ter or about the whole field of States rights, suggest the absence of a quorum. the basis of our governmental system would The PRESIDING OFFICER. The Ohio the attempt to nullify the U.S. Supreme Court reapportionment de be changed drastically. clerk will call the roll. This reapportionment resolution, along cision has gone so far as to have been with two other Federal-court-curbing move The legislative clerk proceeded to call approved by the State government com the roll. ments, were acted upon at a Council of State mittee of the State senate. Governments session in December. The Mr. HUMPHREY. Mr. President, I I am not personally acquainted, so far Council's magazine records the Ohio delega ask unanimous consent that further pro as I know, with the members of that tion's vote as "No" on all three resolutions. ceedings under the quorum call may be committee in the senate of my State, The verdict in the Ohio Legislature on the dispensed with. but it appears to me, by reason of their one under discussion should be "No," too. The PRESIDING OFFICER. Without action, that there is certainly a reaction objection, it is so ordered. ary group in the majority on that com (From the Cleveland Press, June 1, 1963] mittee, who seek to repeal the 20th REACTIONARY AMENDMENTS century. Sponsors of three constitutional amend CERTAIN PROPOSED CONSTITU Most of the major newspapers of ments now circulating through the State TIONAL AMENDMENTS, IF Ohio, many of them with widely diver legislatures would, in the words of the old song, "Turn back the universe and give me ADOPTED, WOULD REPEAL THE gent views on the problems of the day, yesterday." 20TH CENTURY have spoken out strongly against passage Theirs is the voice of inertia, the querulous Mr. YOUNG of Ohio. Mr. President, of this proposal and the other two by protest of an eternal minority which holds the Ohio Legislature. If these amend the old days are best and even today is better what the 11 States of the Confederacy ments fail to be approved ·by the Ohio than any dangerous tomorrow. could not accomplish 100 years ago by General Assembly-and it appears at One proposed amendment would give the force of arms--the supremacy of in this time that they will be defeated-it States power to amend the Constitution dividual States over the Federal Union will be in great part, if not entirely, due without participation by Congress. If the is now being attempted by lawful means to the fact that the· newspapers of Ohio States do not like the attitude of their Con through a campaign to secure the adop gressmen, they already have a convenient have taken the lead in opposing them remedy. They can elect new Congressmen. tion of three constitutional amendments and in informing Ohioans of the dangers A second would nullify last year's U.S. which in effect would subvert the basic these proposed amendments represent. Supreme Cour~ decision requiring reappor principles of the Constitution. I am really proud of the part that the tionment of State legislatures to end rural These amendments are backed by a press of Ohio has played in this matter domination. This would maintain the powerful nationwide alliance of right in my State. status quo under which 1 vote in small rural counties can count as much as 10 or wing extremists, racists, and others who · In this regard, I commend to my col more in the cities. have been misguided by the propaganda leagues several examples of courageous The third would set up a "super supreme put out by these groups. It is a smooth, editorial reporting, and ask. unanimous court" of 60 Judges, 1 from each State efficient organization which until re- consent that editorials which appeared supreme court, with power to overrule any 11294 CONGRESSIONAL RECORD - SENATE June 20 decision of the present U.S. Supreme Court. A companion amendment, equally danger at the· proposals. Congressman at Large This ls court packing with a vengeance. In ous, has not yet been considered by the R9BERT ~ ~ T.u-r, Jr., wh_en asked his opinion effect, this amendment would create a third committee. It is a proposal to change the of tlie proposals-'in Akron 2 weeks ago, said: national legislative body and seriously methOd of amending the Federal Constitu "They're nuts. 'They're way out." deepen present confusion as to what is the tion. Mter the fast shuffle on senate Joint This ought not be · a partisa:Q. matter. law. Resolution 13, it is hard to assume that Republicans as well as Democrats surely are It ls inconceivable that majority public senate Joint Resolution 12 is dead. interested in protecting the Constitution. opinion, or anything like a majority, favors The fight on the reapportionment amend ment now goes to the house :floor. Citizens these reactionary projects. But 12 States- [From the Akron Beacon Journal, May 24, not including Ohio-have acted favorably on need to mobilize the arguments against it. 1963) at least 1 of these proposed amendments. An amendment that would preserve the In Ohio the first two bills are pending, but strongly unrepresentative pattern of State DEBATE ENLIGHTENS the third was never introduced. government, in Ohio and everywhere else, Chief Justice Earl Warren urged this week The public should take heed lest they slip would sap the Nation's strength and under that there be "a great national debate" on through more legislatures by default. cut prospects for the State's progress. Cer the three "States' Rights" amendments now tainly it would be bad news for the cities. making the rounds of the State legislatures. He seemed to imply that if the public be [From the Cincinnati Post and Times-Star , comes fully aware of what these proposals May 31, 1963] (From the Akron Beacon Journal, May 20, mean, they will be rejected. 1963) REACTIONARY AMENDMENTS A striking demonstration of what the Sponsors of three constitutional amend RIP UP THE CONSTI'l'UTION? Chief Justice was talking about has occurred ments now circulating through the State Unless the people of Ohio speak quickly here in Ohio within the last fortnight. legislatures would, in the words of the old and plainly, there is a very real danger that Lt. Gov. John Brown and Senate Majority song, "Turn back the universe and give me our general assembly will take a dangerous Leader C. Stanley Mechem were confidently yesterday." step toward weakening the American consti predicting early in May that Ohio would, Theirs is the voice of inerita, the querulous tutional system. soon join 12 other States which have ap protest of an eternal minority which holds That's a strong statement. We will back proved a call for an amendment which would it up. take from the Supreme Court all authority the old days are best and even today is better rule on the apportionment of membership than any dangerous tomorrow. Coming up in the Ohio SeJ:!ate, perhaps w this week, is a resolution which would give in State legislatures. One proposed. amendment would give the Then, to their surprise, the seQ.ate com States power to amend the Constitution Ohio's endorsement to a proposed amend ment to the U.S. Constitution. This amend mittee on State government turned down without participation by Congress. If the the proposal by a vote of 5 to 3, with three state do not like the attitude of their ment is designed to eliminate Federal judi cial authority over apportionment of State of their fellow Republicans voting "No." Congressmen, it seems to us they have a con Mechem was absent or the vote would have venient remedy. They can elect new Con legislatures. Prof. Charles L. Black, of Yale Law School, been 5 to 4. gressmen. ~ Brown and Mechem then applied intense A second would nullify last year's U.S. Su says that "this proposal if passed, would political heat, so that two Republicans preme Court decision requiring reapportion constitute the first dimunition, since our switched and the scheme emerged from com ment of State legislatures to end rural domi history J)egan, of any Federal constitutional mittee by a 6 to 4 vote. nation. This would maintain the status quo guarantee of liberty, justice, or equallty." But meanwhile, the debate which Mr. under which 1 vote in small rural counties "To begin cutting down our constitutional Warren is calling for had come into being can count as much as 10 or more in the guarantees, to begin introducing exceptions on a statewide basis. Newspapers, including cities. here and there into the concept of equality some of the more conservative ones, printed The third would set up a "super supreme under law, are solemn steps indeed," Profes- editorials opposing the plan, which could court" of 50 judges, one from each State sor Black adds. · forever freeze malapportionment in legisla supreme court, with power to overrule any The guarantee which is immediately under tures. The League of Women Voters took decision of the present U.S. Supreme Court. attack is that which assures citizens of some up the cudgels. · Lawyers of both parties ex This is court packing with a vengence. In reasonably equal system of representation pressed interest. Citizens wrote to the edi effect, this amendment would create a third in their legislative bodies. The controversy tors. national legislative body and seriously deepen was precipitated in March 1962 when the This week it became apparent that leader present confusion as to what is the law. Supreme Court ruled, in a Tennessee case, Mechem had not a single vote to spare. It is inconceivable that majority public that it is a concern of the Federal judiciary Three Republicans of his 20 to 13 majority opinion, or anything like a majority, favors if a State legi~lature's makeup is grossly in the senate announced themselves as op these reactionary projects. But 12 States- malapportioned. posed. (The Democrats have been solidly not including ours-have acted favorably on While representation in Ohio has not been against the resolution.) at least one of these proposed amendments. nearly as far out of balance as in Tennessee, Senator Kline L. Roberts of Columbus was The public should take heed lest they slip it is a fact that the more sparsely populated the one Republican on the committee who through more legislatures by default. counties have proportionately more voting had held fast in opposition. Alined with strength in otir house of representatives him as prospective "No" voters on the senate than the heavily populated counties do. floor were Senators Charles W. Whalen of [From the Dayton Daily News, May 19, 1963] Now pending in the Federal courts are two Dayton and James H. Grose of Hubbard. REVIVED ZOMBIE AMENDMENT STICKS PINS cases which might change this imo~lance. Finally outweighing the pressure of Mr. IN CITY VOTERS It seems perfectly clear that the purpose Mechem, the issues raised in public debate A strange reversal in the State Govern of certain legislators in Ohio and in other impressed Senator Robert Stockdale of Kent, ment Committee of the Ohio Senate has $tates is to preserve the unbalanced status who had voted first "No" and then "Yes" in given new life to a constitutional amendment quo by pushing through this amendment committee. He said on Wednesday that he that should have been left on the scrap heap. which would take the matter of legislative is now convinced that the .scheme to curb Senate Joint Resolution 13 proposes that apportionment completely out of the juris the Court is a bad one and that he will op the Federal Constitution be changed to fence diction of the Supreme Court. pose it if it comes to a vote on the floor .. the Supreme Court out of questions of legis If this disl'uption of our carefully con Unless Mr. Mechem can dredge up another lative reapportionment within the States. ceived constitutional system is accomplished, vote somewhere, he will not risk the ig It is an effort, sponsored by southern Demo the way will have been opened for other nominy of outright defeat and the measure cYats and northern extreme conservatives, to changes which may completely undo the will die a quiet death in one of his pigeon reverse the Supreme Court's historic decision masterful work of our Founding Fathers. holes. in Baker v. Carr, the Tennessee reapportion It was shocking to learn that pressures Still in a House committee and heading ment case. from unnamed "Republican officials in for an uncertain future is a companion If the amendment were proposed and rati Washington" influenced at least one of the measure which would completely eliminate fied, it would remove the . last practical two members of the Senate's State Govern Congress from the established procedure for chance o! breaking the rural stranglehold on ment Committee who switched their votes amending the U.S. Constitution. It also State legislatures. In the South of course, and thus brought the resolution to the floor. should be defeated and will be if public de it would dam up the tide that is running to Bar associations in many cities have been bate brings sufficient awareness of the issues ward effective civil rights -for Negroes. going on record against this and two other to Ohio citizens. Not long ago the State government com "State's rights" amendments which are mak The third amendment in the package has mittee declined to report out the amend ing the rounds o! the legislatures. Chief not been introduced in the Ohio Legislature. ment. But this week the proposition was Justice Earl Warren, who was a Republican It calls !or a "Court of the Union," consist brought up .again and passed by virtue of a Governor when named by a Republican Pres ing of the chief justices of the 50 States with switch of two Republican votes. ident to the Court, h as expressed his dismay powers to overrule the Supreme Court. 1963 CONGRESSIONAL RECORD - SENATE 11295 The other day we expressed surprise that Mr. President, I take the floor only to nations of Africa. Nobody is more cog some Republicans seemed to be making a state that this assertion came at the nizant than I of the fact that these party issue of these amendment.s. We said very end o:f the television show, and that countries have varying degrees o:f that we thought that both parties ought to be interested in protecting the Constitution. it was impossible for me to deal with it problems. We are happy to note today that another adequately at that time. I would like There is a great deal of stability in well-known Republican officeholder is un to address myself to it very briefly. I the Government of both Liberia and equ ivocally against the proposals. He is should not have done it otherwise, had Ethiopia. In Ethiopia there is a dif - Mich igan Gov. George Romney, now being there been nothing further said or done ferent governmental system. Yet there prominently mentioned as his party's stand about it. has been a great deal of stability in the ard-bearer in the 1964 presidential race. In an address before the National Press I do feel, in view of the protest which Governments of both of these countries. Club Wednesday, Governor Romney said: "I has been made by the representatives of Haiti has had very grave problems want to go on record as being firmly opposed these 20 nations in the United States, problems of dictatorship, problems of to t hese proposals.'r which is not only a great and friendly public order, problems of internal jus If they were adopted, he said, it would countl.'Y so far as the countries of Africa tice. Nonetheless, I deeply feel that our "almost turn the country back to the days are concerned, and which is the home of country has confidence that these prob of the Confederacy." the United Nations, and in view of the lems will be resolved and that they are Debate and discussion are certainly build fact that I was there and heard it, that subject to resolution very much more as ing a roadblock for these reactionary I should respond. the result of democratic action and the schemes. I will say that the context of our dis self-government of its people. Indeed, Mr. YOUNG of Ohio. Mr. President, cussion on television had nothing to do we want the people of Haiti to have full these great newspapers, other news with the capability or incapability of the self-government, because that gives us papers in Ohio which have taken a African nations to govern themselves, the best assurance that if they do they similar stand, and their publishers are but related, rather, to the domestic civil will be able to work out their difficµlties. to be commended on the position they rights crisis. Hence, it was not relevant Without in anyway making a defense, have taken. They have performed a to that particular issue. but only stating what in all fairness to great public service for the citizens of Mr. President, I believe the people of these countries should be stated, had Ohio and :for all Americans. the United States-and I cannot, ob there been time on the television pro Should these destructive amendments viously, speak for them, but I express gram, I would like to state that these become part of our Constitution, State my own belief-have the greatest good nations draw on an enormous reservoir governments would achieve a domi will and the greatest feeling of brotherly of good will on the part of the people of, nance unmatched since the days of the affection for and confidence in the capa the United States and confidence in the articles o:f Confederation. The Union bility of Liberia, Ethiopia, and Haiti resolution of their difficulties, whatever of 50 States would be :fragmented and those being the three nations con those difficulties are, and great confi the Federal Government rendered im cerned-to resolve the problems which dence that the way in which to resolve potent in significant areas of our na they have in varying degrees and to their difficulties is through the process tional life. We might well be crippled make a great success of self-government. pf self-government. as a major power and a force for free I think that statement goes also for We also know that self-government dom in the world. the new African nations. Indeed, we needs to be learned, just as economic In 1789, a :far less complicated era are spending billions of our treasure and development needs to be learned. It than today, our Founding Fathers jeopardizing the lives of many Amer takes not only resources, but also back realized the need :for a strong Federal icans to back up that conviction in our ground and certain internal forms of union. To weaken that Union might aid programs and in our operations; in organization to bring about public edu make it impossible for us to survive terms of our foreign policy all over the cation and public technical skills. against the totalitarian :forces in the world, and directly in respect of Haiti, We know that in all of these respects, 20th century or to meet the domestic and of Liberia, and Ethiopia. Insofar we in this country have shown time and needs o:f our country. a& economic aid is concerned, in Liberia time again that we have no feeling, in It is imperative for good citizens 1n and Ethiopia it is of a commercial char connection with their fears, that merely every State where the proposed amend acter and. it. is of an aid character. In because the color of a person's skin is ments are pending before their legis Haiti it is being done so far as we are black, that that automatically inhibits latures to arm themselves with the :facts able to, considering the present govern the capacity of that person. On the con and to fight back. I hope that the news mental situation. trary, the whole history of mankind is papers of those States will follow the It is very important to be understood replete with extraordinary manifesta fine example set by the press in my that when a Senator speaks-and that tions of intellect and leadership in every State of Ohio. includes me--he speaks his own views. field by those whose skin may be black The members o:f the legal profession He speaks :for himself. When I speak or yellow. should also speak out strongly against today,_ I speak for myself. It is per · I would be less than fair to myself if these proposals. fectly right for me to give my judgment r did not rise to present to our friends in I yield the floor. as to what I think the American people Africa the other point of view, which I believe--and I am deeply convinced of have given today. .I hope very much that that in this case-but I hope all the they will at least pay as much attention SELF-GOVERNMENT OF AFRICAN envoys will understand clearly that, to the point of view that I am espousing NATIONS while we are important people--! say as they apparently paid to the point ·of Mr. JAVITS. Mr. President, I wish to that with pride--the policy of the United view of my colleague, the Senator from make some observations upon two mat States, in terms of its foreign policy, Louisiana, which was set forth on the ters which appear to be occupying pub is made by the President and the Sec same program. lic attention this morning. One is a retary o:f State, and the attitude of the I deeply feel-and I say this with the meeting of the 20 African nations pro people of the United States must be de greatest o:f conviction-that what I am testing a statement made by the Sen termined by the tremendous currents of saying, rather than what they took of ator from Louisiana [Mr. ELLENDER} on opinion and the great actions which our fense at, reflects the overwhelming senti a television sho:w called Issues and An..; Nation takes. ment of our people. The Senator :from swers, in which he' and I were both I pointed out that, in terms of the Louisiana [Mr. ELLENDER] has the :full participants. actions of our Nation, l am sure there est. right to state his view, as I have. I heard the statement, _to the effect is the deepest feeling of friendship and However, I hope very much that our that Liberia, Ethiopia, and l!aiti wer~ desire to help, and confidence in the friends, who seem tQ have been so trou examples o:f nations which had heavY ultimate capability :for self-government, bled by what w~s said by him. will give Negro populations and that they were of the three countries named-Liberia, equal understanding to what is being incapable o:f governing themselves. Now, Ethiopia, and Haiti-as well as other said now; and, more than that, that they CDC--711 11296 CONGRESSIONAL RECORD - SENATE June 20 will cast their eyes around our country slower doing this than helping others; debate the merits of this legislation and and see the thousands of manifestations it was just last year that we completed to vote on it. of friendship and confidence, not only in this program by passing another War Last year, for the first time, the House the governmental, but also in the private Claims Act. did have the national service life insur policy which is represented in the United For those to whom we owed the.most- ance reopening bill come before it, but, States. the U.S. flghtingmen-we created cer through a last minute parliamentary tain GI benefits to help make the tre maneuver, the House Veterans' Affairs mendous adjustment from military life Committee chairman was able to substi LEGISLATIVE PROGRAM back to civilian life. We provided edu tute a much weaker bill for the Senate During Mr. JAVITS' speech on capabil cational assistance, housing assistance, measure, giving the low-cost term insur ity of African nations for self-govern and other rewards for the efforts of the ance to a relatively few disabled veter ment: men who had served the United States ans, and it was passed under one of those Mr. MANSFIELD. Mr. President, will and the world so well. One of the bene rules peculiar to the House, which allows the Senator from New York yield, with fits that we were willing to give our for no amendments. The House refused out losing his right to the floor? flghtingmen was an insurance program, to go to conference with the Senate on Mr. JAVITS. I yield. by which they could secur~ life insur last year's measure, and, thus, our vet Mr. MANSFIELD. Mr. President, a ance at prices unavailable on the com erans were again denied tbe opportunity parliamentary inquiry. What is the mercial insurance market. We felt that to receive what rightfully belongs to pending business? this was only rigl;lt to give to these them. The PRESIDING OFFICER. The un men who had done so much in time of This year the Senate Finance Commit finished business is H.R. 220. battle. We weren't setting a precedent, tee amended a House-passed measure Mr. MANSFIELD. H.R. 220. What is for, after World War I, a similar Govern pertaining to national service life insur the status of S. 684? ment insurance program was made avail ance to include the reopening provision. The PRESIDING OFFICER. By able to the veterans of that conflict. The House-passed measure, H.R. 220, unanimous consent, it has been laid over However, unlike the insurance that permits veterans, upon reaching the age until Monday. was made available to the veterans of of 50, to convert their present insurance Mr. MANSFIELD. Mr. President, for World War I, the World War II insur plans to a new modified life plan. The the information of the Senate, and after ance program, national service life in veteran, by converting to this new plan, consultation with the distinguished mi surance, was terminated rather quickly pays a level premium throughout his nority leader [Mr. DIRKSEN], and the and rather abruptly. Veterans of World remaining years rather than a steadily chairman of the Committee on Com War I were able for 33 years after the increasing premium, and the value of his merce [Mr. MAGNUSON], I wish to state end of that war to subscribe to the inex policy is cut in half at age· 65. This is it is the intention of the Senate not to pensive U.S. Government life insurance, the answer to many of our veterans who consider this bill until some time after but veterans of World War II were pre are getting older and who find it neces Monday-when, I do not know. It make vented from reinstating the equally in sary to keep their GI insurance as a pro that statement because of the fact that expensive national service life insur tection for their survivors but who are prior commitments had been made rela ance after 1951, only 6 years after the having to pay premiums which amounts tive to taking up legislation having to end of World War II; and the veterans to even more than the value of their do with the extension of the excise tax, of the Korean war were given even a policies. This is a measure that the the Export-Import Bank, the ARA, and shorter length of time in which to de House and the Senate, as well as the ad other proposals which we feel honor cide whether to continue their insurance ministration, have agreed on before and bound to keep. So, for the information program. There is some doubt as to there should be no controversy in agree of the Senate, S. 684 will be postponed, whether suffictent, if any, notice was ing to this much of the bill. let us say for an indefinite period, but given to the veterans of the termination However, just as the Senate felt last it will very likely be brought up some of these programs, but, even if they had year, the Senate Finance Committee time in the future. been sufficiently notified, it would not feels that such a measure is closely tied Therefore, I ask unanimous consent have reduced the injustice of cutting off in with the national service life insur that its consideration be postponed for this program to these men at a time ance reopening proposal and that the an indefinite period. when they were unable to make a sound two should be combined in what the The PRESIDING OFFICER. Without decision on the matter. These veterans Finance Committee now calls the "Na objection, it is so ordered. were either financially unable to take out tional Service Life Insurance Amend such insurance immediately upon being ment Act of 1963." Both proposals have discharged from the military service or the support of the administration, speak NATIONAL SERVICE LIFE they did not realize what this insurance ing through the Veterans• Administra INSURANCE would mean to them in later years. tion, as well as the support of every vet However, with little regard for the vet erans' organization in the land, and, I The Senate resumed the considera erans and their circumstances, no more am sure, the individual support of the tion of H.R. 220, to amend section 704 veterans were allowed to take out na millions of ex-GI's who will benefit under of title 38 United States Code to permit tional service life insurance. these proposals. It is estimated by the the conversion or exchange of policies Mr. President, as almost everyone in Veterans• Administration that 16 million of national service life insurance to a the Senate is aware, I have been trying veterans would be in a position to bene new modified life plan. for a number of years to reopen the na fit from the reopening proposal. Mr. LONG of Louisiana. Mr. Presi tional service life insurance program to To me, the reopening proposal is one dent, picking up the pieces at the end give veterans at least another year in that no one should find objectionable. of World War II was not an easy job, which they could take out this inexpen In these times where economy in Gov but the American people set about it sive insurance which is due them for the ernment and reduction in Federal spend with a seldom seen relish and talent. efforts they made in behalf of this coun ing are continually emphasized, let it be We literally repaired a broken world try. Seven times the U.S. Senate has clearly understood that the reopening in peace just as we had saved a threat passed such a proposal to reopen national proposal will be without cost to the tax ened world in war. We rebuilt Europe, service life insurance and seven times payers of this country. It will be funded through the Marshal~ plan, beyond all the U.S. Senate has been frustrated by by a revolving fund into which premiums expectations. We made reparations to the efforts not of the House of Repre of the veterans who take out this insur countries where fighting had occurred, sentatives as a whole, but generally of a ance will go. The premiums that these even though we had not caused the fight few powerful Members of that body. veterans pay will be based on up-to-date ing to break out. Nevertheless, today I am asking that the mortality tables and will be a little We compensated our own civilians for Senate again pass such legislation, and I higher than they would ordinarily be in injuries to them or to their property will again do all that I can to see that order to cover whatever costs arise in the overseas, although, as usual, we were the House is able to freely and openly administration of this program by the 1963 CONGRESSIONAL ·RECORD -- SENATE 11297 Federal Government. There will be no · The amendment was ordered to be Nation. He has the primary responsi expense on the part of the Federal Gov engrossed, and the bill to be read a third bility oi safeguarding the interests of ernment and, therefore, no expense on time. the people of the United States in the the part of the taxpayers in carrying out The bill Duluth, Tombigbee Rive!, Ala., authorized by the Minn., August 29, 1894. He served in the River and Harbor Act of July 24, 1946 (60 Army during World War I, and in the House Stat. 635), as a unit in the Tennessee Tom DWORSHAK DAM AND RESERVOffi, of Representatives from January 3, 1939, to bigbee Waterway, Ala. and Miss., to the IDAHO November 5, 1946, and in the Senate from Aliceville lock and dam, and any law, regu November 6, 1946, to January 3, 1949, and lation, map, document, record, or other Mr. HUMPHREY. Mr. President, I from October 14, 1949, until his death on paper of the United States in which such move that the Senate proceed to the July 23, ~962. He was a member of the Com lock and dam is referred to by any other consideration of Calendar No. 249, Sen mittee on Public Works during the 82d Con name, shall be held to refer to such lock and ate bill 850. gress. dam as the Alicevllle lock and dam. The motion was agreed to; and the As a member of the Committees on Public GENERAL STATEMENT bill (S. 850) to change the name of the Works, Interior and Insular Affairs, and Ap The River and Harbor Act of 1946 author Bruces Eddy Dam and Reservoir in the propriations, Senator Dworshak maintained ized a waterway to connect the Tombigbee State of Idaho to the Dworshak Dam and a constant interest in the full development and Tennessee Rivers from the Demopolis Reservoir was considered, ordered to be of the water resources of Idaho and our Na Pool on the Tombigbee and Black Warrior engrossed for a third reading, was read tion, and was an early advocate and worked Rivers, by way of the East Fork of the Tom the third time, and passed, as follows: tirelessly in securing authorization and ap bigbee River, Mackeys, and Yellow Creeks, propriations for the Bruces Eddy Dam and for 253 miles to the Pickwick Pool on the Be it enacted, etc., Tha.t the Bruces Eddy Reservoir. Dam and Reservoir, Idaho, a unit in the Tennessee. The waterway would have a COMMI'ITEE VIEWS depth of not less than 9 feet, with a mini comprehensive plan of development of the mum bottom width of 170 feet in the river Columbia River Basin, authorized by the . The committee recognizes the many valu and eanal sections and 150 feet in the divide · Flood Control.· Acts of 1959- and 1962, shall able con_tributions made by the late Senator cut, with 10 locks, each with inside dimen hereafter be known and designated as : the Henry C. Dworshak toward the development sions of 110 by 600 feet. The latest cost esti Dworshak Dam and Reservoir, in honor of and utilization of the natural resources of mate is $281 million. No construction funds the late Senator from Idaho, who was a the Nation. It believes that naming the have been appropriated for tl}e projec~. champion of full development of our Na Bruces Eddy Dam and Reservoir for Senator About 107 miles of the authorized channel in tion's water resources and a patient and Dworshak, who so ably served Idaho and th~ the Tombigbee River, including the Gii.ines persevering promoter of this project. Any Nation in the Congress of the United &tates, ville and Memphis locks and dams, is located law, regulation, document, or record of the would be a fitting memorial to his great · in Alabama. United States in which such dam and res service and his efforts toward the project, The Memphis lock and dam will be located ervoir are designated or referred to under and in the total development of the water on the Tombigbee River about 95 miles the name of Bruces Eddy Dam and Reservoir resources of the Columbia River Basin. above Demopolis and 310 ·mnes above Mobile, shal be held and considered to refer to such Ala. The pool from this dam wm extend up dam and reservoir by the name of Dwor stream about 30 miles to the Columbus lock shak Dam and Reservoir. and dam, near Columbus, Miss. The dam LAKE SHARPE, S. DAK. y;ould be a concrete-gravity structure with Mr. HUMPHREY. Mr. President, I crest gates, and a lock 110 feet wide by 600 ask unanimous consent to have printed Mr. HUMPHREY. Mr. President, I feet long, having a lift of about 45 feet. in the RECORD an excerpt from the report move that the Senate proceed to the con The authorized Tennessee-Tombigbee (No. 268), explaining the purposes of the sideration of Calendar No. 250, Senate Waterway is described in House Document bill. bill 131. 486, 79th Congress. The Memphis lock and There being no objection, the excerpt The motion was agreed to; and the bill dam is a substitute for the Cochrane lock was ordered to be printed in the RECORD, . to change the name of the Big and dam described in the project document, which would have been located about 5 miles as follows: Bend Reservoir in the State of South below the Memphis Dam site, and named for PURPOSE OF THE BILL Dakota to Lake Sharpe was considered, a small village on the river several miles The purpose of S. 850 is to change the ordered to be engrossed for a third read downstream from the Cochrane Dam site. name of the Bruces Eddy Dam and Reservoir, ing, was read the thh'd time, and passed, The city of Aliceville, Pickens County, Ala., Idaho, a unit in the comprehensive plan of as follows: . development of the Columbia River Basin, is located about 10 miles southeast of the Be it enacted by the Senate and. House of proposed Memphis Dam site. It has a popu aµthorized by the Flood Control Acts of lation of about 3,200, is the largest town in 1958 and 1962, to the Dworshak Dam and Representatives of the United States of the area, and will be the center of construc Reservoir, in honor of the late Senator America in Congress assembled, That the Big tion activities during work on the Memphis Henry C. Dworshak, of Idaho, and any law, Bend Reservoir in the State of South Dakota lock and dam. regulation, document, or record of the United shall be known and designated hereafter as Many years ago, when the Tombigbee States in which such dam and reservoir are Lake Sharpe in honor of M. Q. Sharpe, the River was navigable, there was a steamboat late Governor of South Dakota, who was so referred to under the name of Bruces Eddy very instrumental in the development of the landing at the site of Memphis, a small com Dam and Reservoir, shall be held and con Missouri River Basin program. Any law, reg munity on the river. With the abandon sidered refer such dam and reservoir to to ulation, document, or record of the United ment of navigation on the river, and because by the name of Dworshak Dam and Reservoir. of periodic floods, the community of Mem States in which such reservoir ls referred to phis has since been abandoned except for GENERAL STATEMENT by any other nam~ shall be held and consid normal rural residences and a very small Th~ Bruces Eddy Dam site is located on the ered to refer to such reservoir by the name of country store. The once pr~minent com- North Fork of the Clearwater River 1.9 miles Lake Sharpe. 11300 CONGRESSIONAL . RECORD - SENATE June 20 Mr. HUMPHREY. Mr. President·, I ROBERT S. KERR LOCK AND DAM The late Hap Hawkins was among the first ask unanimous consent to have· printed to recognize the importance of the East AND a,F.SERvom. O~OMA to in the RECORD an excerpt from the report Bench unit the economic future o! the (No. 269), explafuing the · purposes· of Mr. HUMPHREY. Mr. President, I Beaverhead Valley region, and was instru move that the Senate proceed to the con mental in securing local support and con the bill. , ~ . sideration of Calenda.r No. 254, House struction funds for initiating· construction There being no. objection~ the excerpt Joint Resolution 82. of the unit. From the time of his return was ordered to be printed in the R:a:coRD, The motion was agreed to; and th~ from active duty in World War I untU his as follows: recent death, Hap Hawlcins had been a prom joint resolution to change inent Beaverhead County b~er as well as PURPOSE OF THE BILL the name of Short Mountain lock and .an ardent promoter o! natural resource con The purpose of S. 131 is to. change the dam and reservoir In the St.ate of Okla servation. In spite of failing health, he de name of Big Bend Reservoir -0n the Missouri homa to Robert S. Kerr lock and dam voted the final years o! his life in working River, S. Da.k., to Lake Sharpe, in h~nor o_t. and reservoir was considered, ordered to for reclamation development. On October 1, M. Q. Sharpe, a late Governor ~f South Da a third reading, was read the third time, 1961, only S months before his death, he kota, and any law, regulation, docume~~. or served as master of ceremonies at the record of the United States in which such an~.p~ed ground-breaking exercises for the Clark can reservoir is referred to by any other name or yon Dam. On that occasion he was presented designation shall be held to refer to the res With the Conservation Award of the Depart- ervoir by the name of Lake Sharpe. HAP HAWKINS LAKE, MONT. ment of the Interior< · GENERAL STATEMENT Mr. HUMPHREY. Mr. President, ·1 COMMITTEE. VIEWS Big Bend Dam ls under construction by move that the Senate proceed to the The committee was advised that this legis the Corps of Engineers on the Missouri River lation has the 9ipproval of · local and State near Fort Thompson, S. Dak., 1,033 miles consideration of "Calendar No. 255, Sen ate bill 142. officials, local citizens., p.nd civic organiza above its mouth, 21 miles upstream from tions. It believes it fitting that this reser Chamberlain, s. Da.k., and in t~e upstream The motion was agreed to; and the bill voir be named for an outstanding pioneer reaches of Port Randall Reservoir. The dam th~ Senate James T. Leigh Charles L. Keller Bailey M .. Geeslin Keith P. Pensom. adjoun1ed, under the order previously William T . Troutman Joseph B. Goodwin III William E. Neal George H. Peck III entered, until Monday, Jurie 24, 1963, at Richard E. Haas Merlin G. Nygren Charles ll. King, Jr. Leo N. SChowengerdt, 11 o'clock a.m. John R. Hay Wesley G. Davis, Jr. John N. Faigle Jr.
EXTENSIONS ··For Civil Rights but Against Bigger . business enterprises, big :and ;•little, as -ger: Autocracy. does · not. always. take. component parts of interstate commerce the form of a crowned -head upon a . Government in Washington · . so that. .the Attorney General, Robert tyrant; Sometimes you may even flrid Kennedy, will have authority to comp~l it in a: plutocracy hel'e on the Potomac. EXTENSION OF. REMARKS any privately· owned business to sur.. . Or you may bet your best Barlow knife· ·, OJ' render its. freedom and do. e~actly what that·' it could. bounce up in .some big big government thinks should be done bureaucracy or even in a Federal court HON. EUGENE SILER under a given set of circumstances. Now calling itself ari arm of Government. 01' KENTUCKY I am against that proposal "with all four - I stand with Abraham Lincoln who IN THE HOUSE OF REPRESENTATIVES "feet off the ground." once said: Thursday, j'l!,ne 20, 1963 If a privately owned business wants to Those who deny freedom to others deserve refuse my own self any service of any Mr. SILER. Mr. Speaker, I am for . it not for themselves and, under a just God, kind, whether a haircut or a hamburger cannot long re~in it. civil rights. Civil means citizenship and or a bed for the night, that business en I am for citizenship ·rights for all Amer terprise ought to have that right. If And I feel, Mr. Speaker, that"we should icans. We must not and would not turn the business does not like my appear not deny this same desired freedom to back the clock. The colored people are ance or my manner of speech or my per any pdvately owned business, whether now attending all publJc schools down in sonality, then under "freedom's holy big, or little, to operate within the scope my part· of the country. And so far as light" it should. have a perfect right to of its own discretion and according to I am concerned, they may come to my decline me and to refuse my money. prevailing l~w rather than according to church and I have seen some of them do Like Thomas Jefferson, I am against t~e dictatorship of big government up so or they may join my church with my the exercise of tyranny over mankind. in Washington a thousand miles away vote supporting them. On several occa And I am against destroying the free .from Joe Doakes' front door or the cash sions I have spoken in their churches · register of some private ,busin.:e~ en~1~~ when they. have invited me to · come. dom of privately. owned business in order to meet all _the. _whims of every orga ' prise back in the hinterlands of America. +hey fought for our· country. Th~y pay When the Lord was here earth He taxes to support our Government. They nized group that says we need an abso on lute government up in Washington so interfered with private business opera- · are entitled to go to· tax-supported ·, tions only. one time and that was when schools, tax-supported : libraries, tax as to tell us how ·and why,and ·where to supported parks and golf courses. And run our privately owned business that these opei'.ations we~ being conducted in certainly Christianity requires courtesy, we have bought with our blood-and sweat t;he sacred pre.tincts:of the temple itself'. civility, compassion, decency, and kind and toil and tears. ·- · rather than in privately owned stalls ou't· ness for au ·members of the human fam..:. The·courts have already, in my way of in the market place. On that particular ily one toward another, regardless ,of .thinking, reached the point of complete occasion, He made a whip and drove all race or color. · absurdity in constrUing nearly all voca of them out of the temple. But on other But, Mr. Speaker, . we are now being tions and commercial activities on earth occasions, it seems that people were per told by the KennedY,. administration that as a .part of interstate commerce. This mitted to exercise their free choices we should enact a law under the guise has been done by proponents of big gov within the discretion of their consciences of_ civil rights to declare practically all ernment who wish to make it even big- even though. this policy did produce a