-1948 _·_ CONGRESSIONAL RECORD-SENATE -6245 resolution with .reference to_defeat o! legJs­ -on, and that Mr. BATES of Massachu­ diana [Mr. JENNER], the Senator from 'lation titled "The Subversive Activities Con­ setts, Mr. ARENDS, Mr. COLE of New York, Wisconsin [Mr. McCARTHY], the junior tr_ol Act"; to the ComQlittee on _Un-American 'Mr. BROOKS, and Ml, SASSCER were ap- _ Activities. . _ Senator from New Jersey [:i\4r. SMITI:I1, , . 19e2. . Also, _petition_ o! Miriam Hammel pointed managers on the part of the and the Senator froni Utah [Mr. WAT- _and others;, petiti~ning consideration of their ·House at· the conference. · KINS] are necessarily absent. . resolution with reference to defeat of legis· The message also announced that the The. Senator from Pennsylvania [Mr. lation titled "The Subversive Activities Con­ House had agreed to a concurrent reso­ MARTIN] is absent on official state -busi­ trol Act"; to the Committee on Un-American ·lution N] that a quorum call _be dent. In the States which the Democrats May we yi_eld ourselves without com­ had, and that the time be charged equally will carry, the Republican votes are not promise to -the moral and spiritual dis­ to the proponents and opponents of the only not going to be · counted, they are ciplines-as we strive to authenticate the . veto. . going to be credited to the ·Democrats. reality and val~e of tl:,l,e ideals and prin­ Mr. KNOWLAND. That is agreeable, And in the States which the-nepublicans ciples of our blessed Lord. Mr. Px:esidimt. wm ·carry, all the Democratic votes are Hear us in His name. _ Amen. Mr. McMAHON. Mr. _President, I not only not going to be counted, they THE JOURNAL agree also. will actually be credited to the Republi­ On request--of Mr. -WHERRY, and· by Mr. WHERRY; - I suggest the absence cans. unanimous consent, the reading of the of a quorum. To correct that misappropriation of Journal of the proceedings, of- Thursday, - The PRESIDENT pro tempor.e. The the votes of the American people I spon­ - :M ·ay ~ 20; 1948'; -was dispensed with, and clerk will call the ro!J. ' . . sored a joint resolution, Senate 'Joint ResolUtion 200, which provides that the the Journal was approv~d: - The Chief Clerk called the roll, and the following Senators answered to their electoral votes shall be counted in pro- MESSAGE FROM THE HOUSE names: -portion to the popular vote. A ·message-froni the House .of ~epre­ Aiken Fulbright Millikin Two comprehensive and illuminating sentatives, by Mr. Farrell, its enrolling Baldwin George Moore articles on this subject have. been writ­ Ball Green · Morse clerk, announced that the House had Barkley Gurney O'Conor ten by Chalmers-· M. Roberts ·and pub~ passed without amendment the bill Brewster - Hatch Pepper lished in the Washington Evening Star (S. 2256) relating to the meat-inspection Bricker Hayden Reed of May. 18 and 19, 1948. They throw so Bridges Htckenlooper Revercomb thi~ service of the Department of Agriculture. Brooks Hill Robertson, Ya. much light on constructive reform The message also announced that the Buck Hoey Russell that I ask-that they be printed in the liouse had passed the bill

6248 CONGRESSIONAL RECORD-SENATE MAY 21 . The history of appointments hereto­ The PRESIDENT pro tempore. Does duties of that committee require con­ fore made indicates that such facilities the Senator from Iowa yield to the Sen­ tinuous studies of the atomic energy were not completely used by the Presi­ ator from South Carolina? program, and the act reqU,ires the sub­ dent in the past, and that ''every fa- · Mr. HICKENLOOPER. I yield for a mission to the joint committee of con­ cility of" the Federal Bureau of In­ question, although I should like to com­ tinuous, full information from the Com­ vestigation was not utilized by the Presi­ plete this statement. mission. To the members of this com­ dent in connection with the nominations Mr. JOHNSTON of South Carolina. mittee there. continually comes the most submitted last year. In addition, and ·Mr. President, I wish to make this point: vital information. The committee is because reasonable minds might differ, In making an investigation they might entrusted with responsibilities in con­ the Senate committee is entitled to, and find in the record something which they nection with national security that have by right should have, such original in­ would not wish to give out to the world, never been exceeded in the history of formation before it as niay be available something pertaining to the very thing our country. There has never been an and as may be properly developed, so we are discussing at the present time; allegation nor a scintilla of evidence that that it can, within its own judgment, and it might be very injurious to the wel­ the security maintained by this com­ evaluate such information, rather than fare of those of us here in the United mittee has been breached. The integ­ be called upon to accept the assumptions States if such information were given out rity and the inviolate preservation of and conclusions of either the executive to the world. Is not that true? vital information on the part of members branch or others. Mr. HICKENLOOPER. I call the at­ of the Senate section of the committee With the utmost respect for the Presi­ tention of the Senator to the fact that as well as members from the House of dent of the United States and the pre­ this law in no way requires the making Representatives has not been exceeded rogatives of his office, it is only fair to say public of this information. This law does in degree, in any governmental opera­ that evaluation which he might place not provide for the making public of any tion, past or present. upon certain evidence would not neces­ of this information. Mr. JOHNSTON of South Carolina. sarily be the evaluation placed thereon Mr. JOHNSTON of South Carolina. Mr. President, will the Senator yield? by the committee of Congress whose duty But is it not true that if we had the in­ Mr. HICKENLOOPER. I yield. it is to act equally in the public interest. vestigation- made, probably everything Mr. JOHNSTON of South Carolina. I The last paragraph of the President's found in the course of the investigation do not want the Senator to think that I message concludes with a statem.ent that would be made public? - am making any insinuations in regard to the law is impractical because it might Mr. ffiCKENLOOPER. · No, Mr. Pres­ the committee or what they may dO-that . present some difficulties in its a-pplica-· ident, not at all. I shall touch on that· is, the ~ommittee as presently consti­ tion. Mr. President, it is a principle as in a moment if the Senator will bear with tuted. But this committee will not be old as our system of law itself that diffi.­ me. the same committee forever. As this culty of compliance with the law is no The bill (S. 1004) does not require that committee goes out and other members excuse for the avoidance of its provisions the information adduced under its pro­ come into the committee, does the Sen­ or for the discarding of its requirements. visions be made public and the fact of ator think there is a possibility or prob­ It seems improbable, however, that in­ the ·acquisition of such information by ability of som-e member of the committee formation would be less available re­ the Senate section of the Joint Com­ from the Senate discussing with Mem­ garding appointees after their nomina:. mittee does not necessarily mean that bers of the House things that may 1lave tions than bef.ore, and, in fact, it is such information will be made public. been disclosed to the committee? And­ equally probable that information might However, conclusions based upon infor­ does the Senator think that that House be more readily obtained when a nomi­ mation which indicate the impropriety Member might talk to someone outside nation has been made. of advising and consenting to an appoint­ and perhaps let the cat out of. the bag, s~ In any event, if the President feels that ment by the President are most certainly to speak? this is a stumbling block or a hampering potent and vital factors in the advice Mr. mCKENLOOPER. Mr. Presi­ provision, there is no reason whatsoever which an investigating committee must dent, I may say to the Senator that I why he cannot, upon his own motion and give, solemnly and reliably, to the Senate. share with him a genuine .concern that with a desire to cooperate with the Sen­ The President states, in the conclud­ incidents of that kind shall not happen, ate committee, have such investigation ing paragraph of his veto message, as and I may·say to him that an incident of made in secrecy prior to appointment, in follows: that kind has not happened. But I may the atmosphere in which he believes the Although I have no desire to keep from say further to the Senator from South most accurate information can be devel­ Congress lnform1ltlon whicll it should prop- Carolina that when· $3,000, $4,0{)0, and. oped, and after having acquired this in­ erly have. · $5,000 clerks in the Government service formation, submit it or make it available I call the Senate's attention to the have access to and custody of this in­ to the committee whose duty it is to in­ paternalism of this statement. It is evi­ formation, I believe Mem.bers of the Sen­ vestigate and advise the Senate. dent. In effect the President is saying ate of the Uni~ed States and of the House The President further states in his that the Congress and its properly consti­ of Representatives can be trusted with it message: · tuted committees have neither the capac­ in the public interest. ' This information is frequently of a cate· ity nor the ability to evaluate and pass Mr. JOHNSTON of South Carolina. gory which cannot be made public without upon the pertinence or the propriety of Mr. President, that is the danger, as I see · damage to the national interest. information and its effect upon the dis­ it. The clerks of Members will also charge of their responsibilities. read what is · contained in the FBI re­ Mr. President, I wish to repeat that ports. peculiar statement, as contained in the Now, Mr. President, if !'may have the President's message. I quote it again. attention o! the Senator from South Mr. HICKENLOOPER. Mr. President, Carolina, I .want to touch on the very the Senator misunderstood me. In the The President says: point he raised. I ask-him to bear in executive agencies of the Government, This information is frequently of a cate­ gory which cannot be made public without mind that this bill does not make the clerks in the lower echelons have control damage to the national interest. investigation public. It puts the inves­ and custody of these files and they can be tigation results in the hands of the Sen­ trusted as a rule with the information. It is unthinkable that the President ate Section of the Joint Committee on Certainly I think that if they can be would send nominations for advice and Atomic Energy. If the Senator will bear trusted with it, Members of the Senate, consent of the Senate in cases where in­ that in mind in connection with the next and especially committees assuming formation existed with respect thereto statement, I shall appreciate it. solemn responsibilities, can be entrusted which would be damaging to the national I call to the attention of my colleagues with the information. That is true either interest. If such a situation ever occurs, that the M-embers of the Senate section of the committee as presently constituted the very national interest itself demands of the Atomic ·Energy Committee to or of those who shall succeed the present that full disclosure and information whom this authority is to be granted un­ members of the committee. thereon be available to the committee. der S. 1004, are members of the Joint Mr. JOHNSTON of South Carolina. · Mr. JOHNSTON of South ·carolina. Committee on Atomic Energy created by Mr. President, that danger is to be faced, Mr. President-- the Atomic Energy Act of · t94G. The but I would suggest also that the clerks 1948 ' CONGRESSIONAL RECORD-SENATE 6249 of whom the Senator speaks can be dis­ I desire to mention and to amplify that there is a yardstick of approximate­ ciplined just a little bit in case they briefly one other phase of the subject ly $100 for each case. If the investiga,.. expose any confidential matter. which was · touched on yesterday. It tion is 'an .interdepartmental operation Mr. HICKENLOOPER. I think, Mr. must be borne in mind-to repeat what I the cost is somewhere near that figure. President, that the bar of public opinion have heretofore said-that the act .of ad­ Let us say it is $200 a case, for an investi­ will discipline any · other person who vice and consent in connection with Pres­ gation made by a going concern of effi­ might undertake to claim immunity in idential appointments is not a legislative ciency, an agency of reliability, as history the event he elected to divulge matters act, as such, as is the passage of bills and has proved. ·From a practical stand­ which, in the public interest, should not joint resolutions, which is a part of the point, Mr. President, it would be the be made public. constitutional process in which the Exec­ height of idiocy to attempt to have a · Mr. President, I do not disparage utive participates. The legislative committee of Congress establish a far­ clerks. When I mentioned the salary, I branch participates in the confirmation flung investigating agency to investigate did not mean to disparage their opera­ of nominations of officials. . There are one, two, or three individuals in connec- tions. We have many faithful clerks three steps involved. First, the President tion with confirmations. · and many faithful employees in the Gov­ nominates a person; in other words, he Mr. PEPPER. Mr. President, will the ernment service. But when persons who sends a suggestion to this body that he Senator yield? operate in the Government at the eche­ desires to appoint a certain person to -a Mr. HICKENLOOPER. I yield for a lon and on the pay scale of from $3,000 certain otlice. The responsibility then question. to $5,000 a year can be given custody and shifts to the Senate of the United States. . The PRESIDENT pro tempore. The can maintain secrecy, maintaining it in The Senate must go forward, examine the · time of the ·senator from Iowa has ex­ many instances inviolate, it seems to proposal, and then give its advice and pired. me that a duly constituted committee of . consent, or refuse to. give its advice and Mr. KNOWLAND. Mr. President, I the Senate or of the House, bearing in consent. In performing that function yield 10 minutes additional time to the mind the responsibilities and magnitude the suggestion is entirely out of the hands Senator from Iowa. of this operation and the things involved, of the President. He has taken the first The PRESIDENT pro tempore. The may be fully trusted to maintain the se­ step. When fie has done that, he loses Senator from Iowa is recognized for 10 crecy of the information in the public in­ any responsibility, so far as any further minutes. terest. The joint committee has done it: affirmative act on his part in connection Mr. PEPPER. I should like to ask the I cannot speak for those who may follow_ with the matter is concerned. True, he able Senator from Iowa, as a matter of hereafter, but I can .speak for the type of may withdraw the nomination or ask information, who conducts at the present persons who are bound to follow, and· that it be returned, but the Senate takes time investigations· of the civilian per­ who will sit in this body, or in the body over at that point. It either advises and sonnel of the Atomic Energy Commis­ across the hall, and I think that the av­ consents or refuses to advise and con­ sion? erage standard of American representa­ sent. If it consents to the nomination Mr. HlCKENLOOPER. The Federal tion in these two bodies' is the greatest and confirms, a message is sent to the Bureau of Investigation. protection against the indiscriminate or President stating that the Senate advises · Mr. PEPPER. Of the personnel em­ willy-nilly dispersal of this information. and consents. Then the third step in ployed by the Atomic Energy Commis­ Mr. MALONE. Mr. President, will the the process takes place. The President sion? Senator yield? then makes the appointment and issues Mr. HICKENLOOPER. Almost with­ a commission. These three steps are in­ out exception. The law provides that no Mr. HICKENLOOPER. I yield to the terlocked. As was suggested yesterday Senator 'from Nevada. person can be employed by the Com­ by the Senator from Ohio [Mr. TAFT], mission or be employed under the Com­ Mr. MALONE. The Senator is fully there are several instances, under our mission, including employees of all familiar-since a great point has been system of checks and balances, in which kinds-the number is somewhere in the made that the Senate should .not be al­ the legislative and executive branches neighborhood of 50,000-and be given lowed to call for information-with the interlock or intermingle their activities. access to what is called restricted data, fact that the Army engineers, under a This is an outstanding example. So it is which has been interpreted as including Cabinet officer are directed through res­ safe and fair to say, as it has been said access to an area in which restrictive olutions of this body to make investiga­ by authority, that when the Senate con­ data are maintained, without having tions and to furnish information which siders a nomination looking toward ad­ been investigated by the FBI, a report the Members of the Senate do not now vice and consent, it is performing an of the investigation having been sub- · have, and to bring to the committees of executive duty. It has already legislative mitted to the Commission and the Com­ Congress reports, upon which those com­ authority, but it is performing an execu- · mission · having evaluated the infor­ mittees may act .. tive duty. mation and evaluated the individual Mr. IDCKENLOOPER. I thank the The bill provides that the arm of the involved. Senator from Nevada. I am aware of Senate, the committee which is estab­ Mr. PEPPER. Is that in the present that, but I did not have it in mind. I lished to examine into nominations in law? thank the Senator for bringing it to my this- particular category, has a duty to Mr. HICKENLOOPER. It is in the attention. That is another example, in advise the Senate itself as to what action present Atomic Energy Act. addition to that of immigration, which the committee thinks is proper, and the Mr. PEPPER. The President did not is a specific instance, in an atlirmative bill merely authorizes that arm of. the veto that bill. So that privilege is ac­ direction, of assistance given by an ex­ Senate, acting in that executive area, corded by the executive department to ecutive agency to the Congress. to have the advantage, if you please, of · the Atomic Energy Commission. I conclude the formal part of my state­ the investigative department ofthe Gov­ Mr. HICKENLOOPER. Mr. President, ment, Mr. President, by merely saying ernment which is so well equipped to do it is not a privilege; it is a mandate. that I believe the Senate committee can the job, so that the committee can ex­ Mr. PEPPER. Mr. President,. will the be fuliy trusted not only to receive such amine the evidence adduced, the infor­ Senator yield for another question? information but to exercise its sound dis­ mation discovered, evaluate it, and be in Mr. HICKENLOOPER. I yield. cretion in the public interest in connec­ position to. advise the colleagues of the Mr. PEPPER. Who investigates the tion with either the disclosure or the committe_e of the conclusions, based upon military personnel having anything to preservation of. that information. all the evidence. do with the atomic-energy work carried Mr. President, in the public interest, in It has been said here that our com­ on by the Government? . the interest of fair examination of ap­ mittee should do that work on its own Mr. HICKENLOOPER. Any military pointments to a commission which has iJJ.itiative, and independently. There is personnel which is to have access to re..: the highest degree of Tesponsibility and no committee of the Congress, that I stricted data is, under the law, required the greatest latitude of power ever to be know of, which is either equipped or has to be investigated by the FBI, the same lQdged in a commission in the hist(>ry of the money to operate a Nation-wide in­ as in the case of civiiian personnel. this country, and in the interest of the vestigative agency. As to the cost of Mr. PEPPER. Does that include naval progress of that commission itself, -I ~in- . obtaining information· of this nature ad- . personnel also? ' cerely hope that the veto will be over­ duced by the FBI, I do not know whether . Mr: HiCKENLOOPER. Yes;· it in­ ridden. the statement is accurate, but I do know - cludes naval personnel. 6250 CONGRESSIONAL RECORD-SENATE MAY .21 Mr. PEPPER. Who would be reached the integrity with wl.ich this project is Mr. KNOWLAND. I yield 2 minutes to if the bill now in .question, which was operated, and the integrity of the per­ the Senator fro~ Iowa for that purpose. vetoed by the President, were permitted sonnel who are connected with it. Mr. DONNELL. Will the Senator from to take effect, who is not now covered by Mr. PEPPER. If the Senator will yield Iowa state whether or not he can inform FBI investigation? for one additional question, I will not ask the Senate as to the origin of the Federal Mr. HICKENLOOPER. The persons him more, because I do not want to take Bureau of Investigation? Was it created to be reached would be nominees to the his time. Instead of it being the law that under authority of Congress? Was it Commission itself or to the o:ffice of Gen­ the personnel of the Atomic Energy Com­ created under specific act of Congress, eral Manager. miss~on shall be investigated by the FBI, or under general act of Congress, or un­ Mr. PEPPER. That would be five peo­ as important and critically located Fed­ der any act of Congress at all? ple, altogether? eral employees, the bill by its very title Before the Senator answers, · the Mr. HICKENLOOPER. Six. I should says it is a bill "to amend the Atomic thought to which I address myself is like to make it .clear, Mr. President, that Energy Act of 1946 so as to grant specific that if it is a creature of Congress, is it Senate l ill 1004 proposes that the Sen­ authority to the Senate members of the· not perfectly proper for Congress to pre­ ate committee may-it is not manda­ Joint Committee on Atomic Energy to scribe what the duties of that creature tory-request an investigation of a nomi­ require.investigations by the Federal Bu­ shall be? nee whose name has been-sent to the reau of Investigation," and so forth. In-. Mr. HICKENLOOPER. It undoubt­ Senate by the President, after the· nomi­ stead of the executive departments hav­ edly is a creature of Congress. As I un­ nation has been received and prior to ing the duty to carry out the law which derstand the origin of the FBI, a good confirmation. After confirmation, the requires an FBI examination of the per­ many years ago it was set up without power of the Senate committee under sonmil, this bill gives the Joint Atomic specific act of Congress. It was set up this bill ceases and does not eXist. In Energy Committee power to issue a di­ as an investigative agency by the then other words, if the bill were passed today, rective to a Federal agency in the execu­ Attorney General. It has had its name barring the question of certain nomina­ tive branch of the Government. That changed various times. It has been tions before the Senate, an FBI investi­ seems to me to be the distinction in the recognized in laws which have been gation could not be ordered by the com­ case which the Senator has not observed. passed, but its original was in the discre­ mittee except as a new name might be Mr. HICKENLOOPER. Let me call tion of the then Attorney General, and sent to the Senate for nomination. That the Senator's attention to the fact that it was not set up originally under a would be the only circumstance. we have embarked upon a unique enter­ specific authorization by the Congress. Mr. PEPPER. Mr. President, will the prise, unique in the whole American sys­ Mr. DONNELL. Does the Senator Senator yield for one more question? tem, unique in its magnitude, if you know whether it was set up under the Mr. HICKENLOOPER. I yield. please, and unique in ·the vitality with authority conferred by section 300, Mr. PEPPER. All the employees of which it can control and direct our na­ United States Code Annotated, title 5, the Atomic Energy Commissio~ are em­ tional destiny. This project is operated reading: ployees of a Government agency, not dis­ in secrecy, and has to be operated in For the detection and prosecution of similar in character from other Govern­ secrecy. The Congress of the United crimes against the United States, and for ment employees, excepting that they are States has determined that it, as a pub­ the acquisition, collection, classification, and.. more important. lic activity, will not go into the details of preservation of criminal identification rec­ Mr. HICKENLOOPER . . The Senator the operation of this great enterprise. ords and their exchange with the officials of misunderstands. These employees are The law, taking that into account, States, cities, and other Institutions, the not all employees of a Government Attorney General is authorized to appoint created a joint committee whose duty it officials who shall be vested with the 'author-­ agency. The Atomic Energy Commis­ is to keep in touch with this project. ity necessary for- the execution of such sion has somewhere between 4,500 and The Senate committee has the respon­ duties. 5,000 employees; the· exact number, I do sibility of recommending to the Congress not know at the moment. There are be­ on the question of confirmation of ap­ Mr. HICKENLOOPER. It is my un­ tween 45,000 and 50,000 employees of pointees. I think there is every reason derstanding, Mr. President, that that is contractors, that is, contractors making the general over-all authority under and every argument, for the public bene-· which the bureau was set up. independent contracts with the Commis­ fit itself, to permit the Senate members sion, and the contractors hire their em­ of the joint committee, which must op­ The PRESIDENT pro tempore. The · ployees. erate in secrecy as a rule, access to all Senator's time has expired. The Sena­ Mr. PEPPER. Is it not a customary possible avenues of information in con­ tor from Coimecticut [Mr. McMAHON] practice for the FBI to inquire in to the nection with these appointments. is recognized. background of Government employees Mr. CONNALLY. Mr. President, will Mr. McMAHON. I yield 15 minutes· generally of the executive departments of the Senator from Iowa yield? to the Senator from Florida [Mr. the Government or agencies or commis­ PEPPER]. sions created by the Congress? Mr. HICKENLOOPER. I yield to the The PRESIDENT pro tempore. The Mr. HICKENLOOPER. I cannot an­ Senator from Texas. Senator from · Florida is recognized 'for swer that.question. Mr. CONNALLY. What assurance has 15 minutes. Mr. PEPPER. So that in investigating the Senator that the FBI, through some Mr. PEPPER. Mr. President, tJ:le able these employees . the FBI is merely per­ civil-service appointee, is any more ca­ Senator from Iow;::t is quite right in say,­ forming the same kind of function it per­ pable or reliable than the Senate itself, ing that the Atomic Energy Commission forms in investigating the background of which has the power to investigate these performs a very important function, and Government employees generally. appointees? he might have added that the subject Mr. HICKENLOOPER. Mr. President, Mr. HICKENLOOPER. Manifestly under consideration is likewise of great at the moment I can think of no other the Federal Bureau of Investigation, as a significance to our form of government. ' agency of the Government the employees mature agency of many years of life, has Undoubtedly the Atomic Energy Com­ of which, or those working on the proj­ an e:fficient organization which knows mission is trying to preserve the strength ect, are required by law to be investigated how to do a job of that kind with great and solidity of this great democratic Re­ by the FBI. I cannot recall such a case speed and great thoroughness. There is public. We who are determined to sup­ at the moment. There may be some no committee of Congress which has the port the Presidential veto of the bill have others. It is not the customary thing, it organization, the personn.el, or the €quip• the same objective in view. is not the traditional thing, to require ment to do that kind of a job. We believe, Mr. President, ·that it is by law that the FBI investigate employees The PRESIDENT pro tempore. The comparable in importance to the func­ of other department~ of Government time of the Senator from Iowa has again tioning of the Atomic Energy Commis­ prior to their employment. As I say, expired; To whom . does the Senator sion that we do preserve the form of our there may be exceptions; I do not know. from California or the Senator from Con­ Government, which recognizes a divi­ The provision under discussion was tn­ necticut yield? sion of power among the executive, the tserted because of the very nature of this Mr. DONNELL. Mr. President, will the legislative, and the judicial branches of project, because of the utter necessity for Senator from California permft me to the Government. There are many who secrecy, because the very existence o{ the address one question ·to the Senator from think and inany who have said that to United States itself vitally depends upon Iowa? break down the character of our Gov .. 1948 CONGRESSIONAL· RECORD-· SENATE 625f ernment itself, the very ·structure which -Mr. · HICKENLOOPER. Mr. Pi'esi.; In· the second place, there are·two very suppo_rts our high endeavors, is perhaps dent-- vivid distinctions between the employees the most dangerous blow that could be Mr. PEPPER. If the Senator will of the Atomic Energy Commission arid struck at the security of the Nation allow me, I would like to proceed for the members of the Atomic Energy Com­ itself. a minute. That, Mr. President, it seems mission. The first is, the President per­ The President has put his vetc of the to me, would clearly be an authorization sonally appoints the members of the bill squarely upon constitutional grounds, by Congress to a subcommittee of the Atomic Energy Commission, and the and upon what he deems to be sound Congress-because that is what the Joint President does not personally appoint public policy. · Committee on Atomic Energy of the two· the employees of the Atomic Energy Let it be clearly understood that the Houses must be,. a subcommittee of the Commission. bill the President has vetoed differs Congress-that such a subcommittee In the third place, the employees of vitally from the existing law. When the shall have the congressional power to the Atomic Energy ·Commission, so far Congress has created and the President exercise an executive prerogative in the as I know, are not subject to confirma­ has approved and therefore given legal direction of a Federal agency. That tion by the Senate of the United States, status and effect to a congressional en­ agency does not have that power with whereas the members of the Atomic· actment setting up the Atomic Energy respect to the personnel under the Energy Commission are subject to the CommisSion, and it begins to employ per­ Atomic Energy Commission. It is the confirmation of the Senate of the United sonnel, that personnel becomes, like duty of the President of the United States. other Federal personnel, subject to pub­ States, who took an oath as President Those are, in my opinion, · very im­ lic law and subject to Executive author­ that he would faithfully execute the laws, portant distinctions, Mr. President, be­ ity and responsibility. to see to it that that agency, under his tween the personnel .iri · the employ of It was perfectly proper for the Con­ direction, performs its duty prescribed by the Atomic Energy Commission and the gress to require that this personnel, law, and that they investigate the per- Atomic Energy Commission itself. which it deems to be particularly stra­ sonnel of the Atomic Energy Commis- I now yield to the Senator from Call- tegically located, should pass certain sian, or those who may be related to it. fornia. scrutiny and be subject to certain in­ Mr. HICKENLOOPER: Mr. Presi- Mr. KNOWLAND. I simply wish to vestigation, that of the Federal :aureau dent, will the Senator yield? say to the Senator from Florida at this · of Investigation. That is provided in Mr. PEPPER. I shall yield after one point that I think he makes the best the present law. The able Senators more sentence. · But that· is not what argument that has been made for the who have spoken against the Presiden­ the bill attempts to do. It does not make bill when he states that the great dif­ tial veto have clearly recognized-and it the duty of the President to see to it ference is that the employees are not the able Senator from Iowa [Mr. HICKEN­ that an investigation is made. It· gives subject to confirmation; and therefore, LOOPER] a few moments ago stated-:-that the power to a committee of the Con- of course, ·the joint committee is not all the personnel of the Atomic Energy gress to direct an executive agency to given power so far as they are concerned. Commission, the personnel of every con­ perform an executive function. The bill, But so far as the members of the Com­ tractor who even as an independent con­ therefore, Mr. President, it seems to me,. mission are concerned, and the general tractor performs any service for the encroaches upon the constitutional im- manager, it is not correct to say that Atomic Energy Commission, and . even munities of the executive power. the President makes the appointment all the personnel of the armed services I now yield to the Senator from Iowa. and then it is ipso facto final. They are which have anything to do with this very Mr. HICKENLOOPER. Mr. Presi- not finally members of the Commission important subject of the control and the dent, I again call the attention of the until they have been confirmed by the development of atomic energy, are, under Senator from Florida to the fact that the Senate ·of the United States. the existing law, subject to Federal Bu­ lesser persons operating in this great We are not seeking in the bill to die­ reau of Investigation authority and activity are required to be investigated. tate the President!s direction in pursuing scrutiny. It is required that their backgrounds, ,his constitutional duty, but to have ac­ So, Mr. President, I think that we are their personalities, and all their associa- cess to information when we perform not jeopardizing the secrecy of this vital tions be investigated. But with respect our constitutional duty. The oath the and dynamic force. We are not open­ to the individuals who are at the top and President of the United States takes to ing the doors to the infiltration into the who have the power to order their em- uphold the Constitution of the United personnel · of the Aton;1ic Energy Coin­ ployees around and cor.trol the destinies States in the discharge of his duty is .. no mission of those who may have sinister of these individuals,-- there is no require- more sacred than the oath a Member of designs or may be even irresponsible in ment now in the law to investigate them. the United States Senate takes to dis- .character. · I also call the attentiqn of the Senator charge his constitutional duty. We The question before the Senate, Mr. · to the fact .that, while the Senator· said merely want to be sure that we have ac­ President, is not whether the employees, a moment ago that the President shall cess to ·the information we need in dis- have the employees of the Commission charging our constitutional duty. - or even those who are in an incidental investigated under his ·responsibility, the · Mr. PEPPER. Mr. President; I shall .way as civi~ians or military personnel President did not have a single member make two replies to the able Senator from connected with this Project carried on of the Commission or the General Man- California. In the first place, the em­ under the Atomic Energy Commission, ager investigated. , ployees of the Atomic Energy Commis- shall be subject to the Federal Bureau of Mr. PEPPER. Mr. President, I may sion, as we both said, are not subject Investigation. The question is whether . say three things ·tn response to the able to confirmation by . the Senate. We, the Atomic Energy Commission, a group Senator's inquiry. First, whether the therefore, do not demand of the Execu­ of five individuals, and the General Man­ President had the personnel, which he tive authority the revelation of what the ager of the Atomic Energy Commission, recommended to the Congress to be FBI investigation shows about the sub­ one person, six persons in all, appointed members of that Commission, investi- ordinate personnel. Therefore in that by the President of the United States gated by the FBI was a matter which case, when the President desires an FBI personally upon his great constitutional was up to the President to determine. investigation of Atomic Energy Com­ responsibility, and subject to public con­ We may question the wisdom or the lack mission's employed personnel we are not firmation by the United States Senate, of wisdom of the President's policy, but encroaching upon the immunity of the shall have to have their characters and he had the constitutional right to ask Executive power. But in the case in their records and their background sub­ the FBI to investigate them or not to iil- · question here today we are requiring, if jected to the scrutiny of the Federal Bu­ vestigate them, and we do not have the the measure before us should become ef­ reau of Investigation, not at the direc­ power to supervise or to restrict the fective, that the executive branch of,the tion of the President of the United States President in the exercise of the execu- Governme:p.t first subordinate an agency or the Attorney General, the head of the tive function. . · of the exe.cutive department to the direc- Department of Justice in which the FBI Mr. KNOWLAND. Mr. President, will tion of a subcommittee of the Congress- functions as an agency, but by the di­ the Senator yield? and less than the whole Congress, I might rective of a committee of the United Mr. PEPPER. I shall yield in a mo- add-and, in the· second place, that the States Senate alone. ment. information which · m~y be obtained 6252 CONGRESSIONAL RECORD-SENATE MAY 21 through such- an· agency's investigation, ecutive duty, to carry out a certain func­ That·Ianguage·ts found at the close of shall be disclosed by the executive agency tion, namely, to require an FBI investiga- a section which outlines the ·required ac..: to the congressional subcommittee, tion...... tivities of the joint committee. . . . :namely, the Joint Committee on Atomic But the able Sena-tor from California · Mr.. PEPPER. If that;. language means Energy of the two Houses of Congress. overlooks one thing. which I said. · I ~hat the able Senator says it-means, why So we are doing two things whieh in my stated that the FBI would not be required lS ·it necessary to pass a new bill to give opinion are outside the scope of congres­ by tbe.proposed law to disclose informa­ the committee further authority? The sional authority. First we are giving by tion which it already had, but would be FB_I is an agency of the Government; law a congressional committee the power required to disclose inf.ormation which it Evidently the committee is not satisfied . to direct an executive agency to perform might obtain in an inqqiry at the direc­ With the language of th~ act, or it would a · c.ongressiQilal function, because the tion of ·the Joint Committee on Atomic not be proposi~g another bill to ·supple­ power of confirmation is a congressional Energy, which is executive and confiden­ ment the authority which it possesses. function conferred upon the Congress by tial information, to a body of the Con­ Mr. HICKENLOOPER. This bill re­ the Constitution, whatever it may be gress, na.mely, the joint committee, which fers to the Senate members of the Joint called otherwise. ~ I say is a usurpation of executive au- Committee on Atbmic Energy. In the second place, we are requiring thority and immunity. , the disclosure of confidential informa­ If the Congress has power to give au­ Mr. McMAHON. Mr. President, wili tion obtained by the executive depart­ thority to the Joint Committee on Atomic the Senator yield? · ment to a coordinate department of the Energy, it can give such authority to any Mr. PEPPER. I yield. Government which has no superior pow­ other joint committee; and If it can give Mr. McMAHON. It is always difficult er to require disclosure of confidential it to a joint committee., it can give it. to for me, of course, to make any complaint executive information. a separate committee of either the Sen­ or ~ive voice to any criticism of any pro­ Mr. KNOWLAND. Mr. President, will ate or the House of Representatives. By VfSIOn of ~he act, for reasons which are the Senator-.yield? such legislation we could convert the ex­ obvious to every M~mber of the· Senate. Mr. PEPPER. I yield. ecutive bureaus into completely subordi­ To read and re-read this so-called au­ thoritY and by its reiteration cla.im that Mr. KNOWLAND. The bi11 does 110 nate congressional agencies which would such thing. It does not require . the spend their whole time performing con­ that makes it constitutional is falla.;. agency to turn over files which it has ob­ gressional functions, without any recog­ c~<;>us. Of course the President'signed the tained in .an investigation for the Presi­ nition of the authority or responsibility }?Ill. He knew what the bill provided dent, .for e:x:ample, of: these persons. It of the President of the Uriited States, for, a.nd how desperately necessary it merel'Y provides that· the Senate, which who is head of the executive branch of was. The act has a separability ·clause is the only one of the two bodies which our Government .. in it; and I say very frankly thaJ: if the bas a constitutional function, shall be The PRESIDENT pro tempore. The joint committee, acting under the pro- . entitled to the information. time of the Senator from Florida has visions of the act, were to call upon the As the Senator well knows, under the expired. · Director of the Federal Bureau of I..Tlves­ Constitution the House has no consti­ . Mr. McMAHON. ·Mr. President, I tigation for investigatory files, and he tutional function in connection with the yield 10 minutes more to the Senator should be ordered not to produce them confirmation of nominations. The bill from Florida. . . and should be brought befor.e the bar of merely provides that the Senate mem­ Mr. HICKENLOOPER. Mr. President, the Senate on a contempt c;harge, if he bers of the joint committee, acting for will the Senator yield? should· sue out a writ of habeas corpus, the United States Senate, may have the Mr. PEPPER. I yield. the Supreme Court would discharge hini power to obtain information which will­ Mr. HICKENLOOPER. The_ Senator fr~m the . custody of' the Sergeant · at help them to reach an adequate judg­ says that if the Congress can give au- Arms of the Senate. The mere· reitera­ ment on the basis of which they may . tbority to the Joint Committee on t~ on of tJ::te fact that we wrote .certain finally. pass upon the qualifications of Atomic Energy it can give it to· other language into the act does not make' it nominees, in carrying out their consti­ committees. I invite the Senator's at­ Gonstitutional. · tutional obligation in connection with tention to the fact that the· Congress has Mr. PEPPER. 'The Senator is un­ confirmation. already done that, and the President has doubtE:dly correct. · Mr. PEPPER. I am afraid the able approved it, in the Atomic Energy Act Mr. President, I close by .referring tq Senator froJll. California misunderstands itself. another aspect of this question. I dis­ me. I am not saying that the bill would Mr. PEPPER. Will the ·senator give tinctly recall- that in the first atomic­ require the disclosure of information al­ tlle illustration he has in mind? Does it energy bill which was before the Sen­ ready in the files of the FBI. I am say­ apply to anything. other than employees? ate-and I want Senators to check me ing that the bill proposes two excesses of Mr. HICKENLOOPER. The Joint and correct ,me if I am in -there congressional authority. First, in the Committee on Atomic Energy is given was a provision which required the -ap­ title of the bill itself, the purpose is dis­ authority in the act itself to utilize the proval of the Federal Bureau of ~nves­ tinctly shown. I read it: services, facilities, information, and per­ tigation-not clearance or investigation, An act 'to amend the Atomic Energy Act of sonnel of the departments and establish­ but approval. If I am not in error, that 1946 so as to grant specific authority to the ments of the Government I · think I language. was in ·at least one version of Senate members of the Joint Committee on have quoted the language verbatim. So the original bill, because I remember that Atomic Energy- · · that·has already be~en done. the Senator from Texas [Mr. CoNNALLY] Mr. PEPPER. Oh; yes. We give gen­ · Not the entire Senat~. or the entire and other Senators raised the question eral authority to make inquiry of execu­ with resp~ct to approval, and the lan­ Congress- tive agencies and seek information from to require- guage was changed so as to provide for them. But does the act in so many words investigation by the FBI. To command, to order- give authority to require the disclosure Mr. HATCH. Mr. President, will the investigations by the Federal Bureau of In­ by the executive branch of the Govern­ Senator yield? vestigation of the character, associations, and ment of confidential information which Mr. PEPPER. I yield. loyalty of persons nominated for appoint­ the executive branch may not desire to Mr. HATCH. I had intended to dis­ ment, by and with the advice and consent ot rev-eal? , the Senate, to offices established by such act. cuss that very point in connection with · Mr. HICKENLOOPER. Let me read to · the remarks I wish to make. The orig­ Under the provisions of this· bill the the Senator the exact language of the inal bill provided that no person should Senate members of the Joint Committee law which the President approved: be appointed without the·approval of the on Atomic Energy· would be given the The committee- Federal Bureau of Investigation, which executive power to order a subordinate Referring to the Joint Committee on wa.::: as clear-cut an invasion of ·the 'Con­ executive agency to perform a· congres­ . Atomic En.ergy- · · stitution as any bill that wa15 ever pre­ sional function, namely, the power of is authorized to ut111ze the !3ervices, infor­ sented to the Congress. confirmation in the Senate. That is very mation, facil,itie.s, and personnel of the de­ Mr. PEPPER. i: thank the Senator different from a law which requires the partments and establishments ·of the Gov­ from New Mexico. That shows how far President, in the performance of his ex- ernment. some of those who are associated with 1948 CONGRESSIONAL RECORD-SENATE 6253 this enterprise are prepared to go in en­ Mr. PEPPER. I shall yield in a Mr. PEPPER. Mr. President: if the croaching upon the constitutional· pre­ minute. Senator will permit me to reply-­ rogative of the executive branch of the Mr. President, who of us in the Senate The PRESIDENT pro tempore. Does Government. would dare to suggest that we need the the Senator from California yield to the Mr. President, I have as high respect advice of the FBI upon the competency Senator from Florida in his time? and regard for the competency, patriot­ of any of our colleagues on that commit­ Mr. KNOWLAND. I yield 2 minutes ism, and integrity of the Federal Bureau tee, · who perform perhaps some of the to the Senator from ·Florida. of Investigation as has any other Mem­ most important functions which are per­ Mr. PEPPER. I am glad to have the ber of the Senate or any other citizen of formed by Senators and Representatives able Senator from California point out · the country. I think it is universally in Congress? the things he has so well mentioned. I agreed that it has done a magnificent Mr. KNOWLAND and Mr. HICKEN­ am not informed, but I doubt very seri­ job. But, Mr. President, as an American LOOPER addressed the Chair. _ ously whether, in spite of the Canadian .who wants to see the citizenry of this The PRESIDENT pro tempore. Does spy t-rial, it is the policy and the legal country free from a secret police of any the Senator from Florida yield; and if so, requirement of the Canadian Govern­ character, I have been alarmed at the to whom? · ment, and it is being required by law growing supineness and readiness ·with Mr. PEPPER. I yield. I believe the in Canada, that because there was one which the people-even Members of Senator from California rose first, so I rotten egg in the Canadian Parliament, Congress-have been willing to make the yield now to him. After he concludes I therefore every person who sits in the appr.oval of the FBI the congressional shall yield to the Senator from Iowa. Canadian Parliament must be investi­ criterion of patriotism, competency, or Mr. KNOWLAND. Mr. President, I gated by the Canadian FBI; and in spite loyalty. merely wish to say that at no time has of the spy case in Canada--and of course After all, the Federal Bureau of Inves­ the theory or the language of this bill all of us denounce those who were the tigation is headed by ol)e man, and he is given the FBI any veto on what action culprits in it-I doubt very seriously only one man in a nation of 140,000,000 the Senate should take. When the Sen­ whether the members of the Canadian people. He can err, because he is human. ate committee obteins the information it commissions who are appointed . by the He takes his orders, so far as I know, can examine it, can carry on further in­ executive authority there, and have to from but two superiors. One is the At­ vestigations, can reject it, can do any­ have the approval of the Canadian Par­ torney General of the United States, and thing it wishes to do with it. At no place, liament, are subject to police inquiry by the other is the President of the United either in letter or in spirit, does the bill their FBI. . ' States. Thus, there is a man .vho has provide that the FBI shall have a veto Mr. President, all of us want to pre­ thousands of employees, all of whom are power and that its decision shall be the serve atomic energy, but we also want to sustained by the Federal power and Fed­ final decision in this matter. Under the preserve our constitutional form of gov- eral funds; he has tremendous scope and bill, the FBI would merely be used to en­ ernment. · reach; his activities are secret; and he able us to obtain access to information I am talking about only six persons, is not accountable to the Congress. No which we feel the Senate of the United and they are the General Manager and one is his superior but, first, the Attorney States must have in the discharge of its the five members of the Commission on General of the United States, and then,· constitutional duties. Atomic Energy, every one of whom has in turn, the President of the United This business-- to have the seal and stamp· of appoint­ States. I am opposed to giving him or The PRESIDENT pro tempore. The ment and approval placed upon him by any other American mortal untrammeled time of the Senator from Florida has the President of the United States per­ or unrestricted authority, to be the cri­ expired. . sonally, and every one of whom has to terion of, at least, the performance of Mr. KNOWLAND. Then I shall make be confirmed by the Senate 'of the United constitutional duties by the Senate of the this statement in my own time. States. · I deny the possibility that a United States. The PRESIDENT pro tempore. The President chosen by the people would be Mr. KNOWLAND. Mr. President, will Senator from California is recognized in so designing or so incompetent as to let the Senator yield? his own time. a man unworthy of this high office re­ Mr. PE'PPER .. I shall yield in a mo­ Mr. KNOWLAND. Mr. President, I ceive his approval; but if it should ever ment. say to the able Senator from Florida that occur, then I deny that the Senate of Mr. President, I maintain that we can­ I do not know whether he has had a the United States would not discover not investigate all the thousands of em­ chance to read the report of the Cana­ his infidelity somewhere in the inquiries ployees the Atomic 'Energy Commission dian Royal Commission regarding the and investigations it would make. may have or all the employees the con-. spy situation in .that country; but we co So, Mr. President, I think this bill is tractors who mas do work.for the Atomic know that at a time. when we were one not justified. Energy· Commi·ssion m~w have. But of the Allies and were· so engaged in the The PRESIDENT pro tempore. The when there are just six persons in top great war and in the winning of the war, Senator's time has expired. places, appointed personally by the Pres­ and when we had sent to our allies in Several Senators addressed the· Chair. ident of the United States, subject to Russia some $11,000,000,000 worth of The PRESIDENT pro tempore. To Senatorial approval, and when we can lend-lease equipment, and when we were whom does the Senator from Connecticut call and question and look at and exam­ rendering them every possible assistance, or the Senator from California yield? ine them, and when we can search their they had their secret agents in high Mr. McMAHON. I yield 15 minutes to background by means of using any per­ places in the Canadian Government, in the Senator from New Mexico [Mr. sonnel we may be disposed to employ or the high scientific cireles of Canada, in HATCH]. by means of any inquiry we may wish to the very Parliament of Canada itself, The PRESIDENT pro tempore. The make to State or local agencies, to say stealing· atomic information. According Senator from New Mexico is recognized ' that it is not enough to have those saJe­ for 15 minutes. guards upon their competency, but that to the information obtained by the Ca­ the committee must bave the power, re­ nadian Royal Commisison-information, Mr. HATCH. Mr. President, I hope 1 gardless of whether the Attorn·ey Gen­ the accuracy of which has not been de­ shall not take all the 15 minutes. My eral or the President of the United States nied, and the information is a part of own time, as well as the time of the Sen­ wish it done, to compel the FBI to in­ the public records-those secret agents ate, is limited.. But I cannot l~t this vestigate those six persons and report to stole a sample of uranium, and they stole opportunity pass without saying a few the committee, I say is going too far. plans and other materials relating to the words about some· of the fundamental Yesterday afternoon I asked a ques­ field of atomic power. issues which are involved in trends and tion, and I said I did not ask it faQe­ I say to my colleague, the Senator tendencies of legislation of this kind. tiously. My question was this: Were from Florida, that in this limited field of I shall not discuss'the constitutionality the members of the Joint Committee on atomic energy, in which the very nature of this measure, although I think t.he veto Atomic Energy, who act in this matter, of the substance can destroy the safety message of the President could well be investigated by the FBI? of our Republic and the peace of the sustained upon the ground that the bill Mr. HICKENLOOPER. Mr. President, world, I think we have a right to gain is unconstitutional and that the decision will the Senator yield, to permit me to access to whatever information we need in Marbury against Madison, notwith­ answer that question? in the final discharge of our duties. standing the able· remarks of the Senator 6254 CONGRESSIONAL RECORD-SENATE. MAY 21 from Iowa, still applies, as cited in the b1lls come before the Congress, intro­ for which I speak today, Czechoslovakia President's message. But with those · duced more often in the other House would not have fallen. matters I am not concerned today so than in the Senate, providing for the Mr. President, in what I have said I much as I am concerned with other phi­ exercise of great powers by the Federal cast no re:tlection upon the FBI. Under losophies of our Government which may Bureau of Investigation, some of them the direction of Mr. Hoover, it has per­ be involved in measures of this kind. providing that no citizen should be formed a magnificent service. But I Mr. President, throughout all the world deemed eligible to office unless there had was shocked yesterday to learn that, by there is a most dangerous trend and been an investigation by the FBI. what authority I do not know, if any tendency to elevate, exaggerate, and give Mr. President, it does not do to say, as free-born American happens to achieve absolute control to agencies of govern­ the Senator from California said just a position of importance his record is ment called police agencies. now, that we are not, in granting this investigated and a file kept on that citi­ Mr. HICKENLOOPER. Mr. President, power to the FBI, giving them the final zen in the FBI. Mr. President, I cannot will the Sena.tor yield at that point for a say, because, Mr. President, it is a well conceive under our free system of gov­ very brief observation? known fact that when the FBI submits a ernment that such a practice should pre­ Mr. HATCH. I yield. · report, founded, as most of.them are, on vail. I hope the report is not true. But, Mr. HICKENLOOPER. I may observe hearsay, embodying charges of which the granting everything I say about the to the Senator from New Mexico that citizen has had no knowledge or notice, ability with which Mr. Hoover has con­ there are tendencies evidenced all over· and no opportunity to defend himself or ducted the FBI, everyone of us knows the world, and especially in this country, to reply, or to have the benefit of the con­ that it is a very great power he now ex­ toward the formation of subversive stitutional right of confrontation by wit­ ercises . . Senators would further broaden groups such as those who would destroy nesses, in order to safeguard his charac­ that arbitrary power, disregarding their the very fundamentals of the American ter and reputation, and a report of that duties and responsibilities as Senators to system. I think it is high time that we · kind comes before one of the committees, provide the Senate with its own investi­ spent as much time taking cognizance the committee reports adversely to the gations, by turning the making of in­ of those people as we spend in coddling citizen. · · · vestigations O\ler to the FBI, and thus sometimes what we consider in a nebu­ In the bill which was originally intro­ giving control to the police, just as the lous type of consideration to be funda­ duced, a copy of which lies on my desk, people of Czechoslovakia did in their poor . mental or human rights. it was provided that no person could be country. Mr. HATCH. I thank the Senator for appointed by the President of the United Oh, Mr. President, these are not idle his observation. I trust the Senator will States until an investigation had been words. I am arguing for the preservation not ask me to yield again because I am made and the results of it made available of the fundamental principles upon which speaking under a limitation of time. to the committee. The committee to ~his Government is founded and which, But I want to say that his observation which that b111 was referred, probably 1f lost, would mean the destruction of our contributes nothing to what I am dis­ thinking of the Constitution, which was Government and the liberties of our citi- cussing. clearly violated, amended the bill osten­ .zens. Mr. President, as I said, there are dan­ sibly to evade and avoid the constitu­ What I started to say, Mr. President, gerous trends in this country. One of tional provision by saying that no man· was that someday some person other them I have in mind now, in the political should ever take office until the investi­ life in which we are now living, when a than Mr. Hoover will become Director of gation had been made, thus attaching the. the Federal Bureau of Investigation. It candidate for the Presidency of the qualification to the holding of office in United States goes forth, posing as a could happen that he might be a ruthless · saviour of democracy, and on public plat­ the United States that every citizen the man who would use his vast power for forms and over the radio announces as a President might desire to appoint must political or other purposes and actually slogan or doctrine the policy of peace and first be investigated by the FBI. Does destroy the lives and reputations of per­ prosperity. No more iniquitous doctrine any man who loves liberty, the freedom sons who sought to hold office in this could be announced than that. Much of the individual, and the constitutional land of ours. I do not argue against in­ as I desire peace, a peace based first. upon rights of American citizens dare stand on vestigation. I would give to the commit­ world-wide order under established law, the :floor of the Senate to defend either tee, sir, all the power and all the money for which I contend, I know that my one of those provisions? it needs to investigate any man as it country and the liberties which we pos­ Mr. KNOWLAND. Mr. President, will might order and direct; I would never be sess were not founded upon or gained by the Senator yield? · afraid of a .committee of the Senate of either peace or prosperity. They were Mr. HATCH. . I yield. I hope it will the United States , abusing that power, gained in blood and battle by men will1ng not be taken out of my iime. because as Senators we are subject to_the to lay down their lives in order that the Mr. KNOWLAND. I will ta!:e it out of will of the people, and there is a check freedom of the individual might be pre­ my own time. upon us which we must heed and obey if served and made safe and secure Mr. HATCH. Very well. we hope to remain in office. Not that such throughout this great Nation. · Peace Mr. KNOWLAND. I merely say to the a check would be needed, but as the duly and prosperity can never preserve the Senator from New Mexico that if there constituted and elected officials of gov-· freedom of the individual. It is upon had been a little· more careful screening ernment we are responsible to the people. the freedom of the individual and his by the democratic forces in Czechoslo­ So I would grant and give any funds re­ sacred rights as a citizen that our de­ vakia, Jan Masaryk might be alive today quired; but I shall not write into the law mocracy is founded. Only upon that and Czechoslovakia might not.be behind of the land any provision that would exalt principle can it be preserved and main­ the iron curtain. the Federal Bureau of Investigation and tained. If, in order to maintain it, it Mr. HATCH. Mr. President, Czecho­ make our own committee subservient to should be found necessary for us to un­ slovakia did not fall as a result of out­ that Bureau, beca.use I believe that by dergo poverty, American citizens will give side in:tluence. It fell because the citi­ granting such power I would be striking up prosperity. Should it become neces­ zens of Czechoslovakia did not guard at the very foundations of democracy it- sary, in order to maintain freedom, their own liberties as individuals and self. · American citizens will give up peace, they did not prize liberty lUghly enough to will fight and die as the sons of America stand up and resist the communistic in­ Mr. President, I trust and hope that the have ever been able . and willing to fight :tluence, but surrendered their rights and veto of the President will be sustained . . and die for the blessings of liberty. The let the Communists come in and take Mr. McMAHON. Mr. President, I sug- blessings of liberty can be maintained control of ·their secret police. That was . gest the absence of a quorum. The Sena­ only by those in the legislative branch their greatest mistake-a pattern which tor from California and I will share the / ·of the Government being constantly on was followed in the case of every coun­ time consumed. guard against every potential or possible try that has found itself behind the "iron The PRESIDENT pro tempore. Does invasion of them. There is inherent in curtain," the elevation of the police.above the Senator from California agree to the the type of legislation which is now un­ the rights of the c_itize.ns. Had t:pe brave suggestion? der consideration the absolute invasion Czechoslovaks been as vigilant in pro­ Mr. KNOWLAND. Yes, Mr. President. and possibly the destruction of the free­ tecting the freedom of the individual and The PRESIDENT pro tempore. The dom of the individual. ·I have seen many the preservation of constitutional rights. clerk will call the roll. 1948 CONGRESSIONAL RECORD-· SENATE 6255 The Chief Clerk called the roll, and· The Congress has within its own hands the greatest issues ever _presented be­ the following Senators answered to their the power to do the very things sought fore the American _people. H;e enjoys names: to have done by the FBI. After serious the respect and the confidence of about ree~amination as many people in this· country as any Aiken Fulbright Millikin consideration and of the Baldwin George Moore important-questiou I will never confess individual I know. He was not con- Ball Green Morse or admit that the Senate cannot employ sistent. _ Barkley Gurney O'Conor equally competent and capable investi­ Yet the distinguished Senator from Brewster Hatch Pepper . Bricker Hayden Reed gators to find everything about the pri­ Iowa has gleefully complained because Bridges Hickenlooper Revercomb vate and public life of five individuals the Senator from Illinois has not been Brooks Hill Robertson, Va. whose names the President of the United consistent upon the pending measure. Buck Hoey Russell Butler Holland Saltonstall States sends to the Senate for confirma­ It is seldom that the Senator from Iowa Byrd Ives Sparkman tion. It is our plain duty to do so. We produces any merriment on the floor of Cain Johnson, Colo. Stennis · should not encroach upon .the power of the Senate, and I enjoy the merrim~nt Capehart Johnston, S. C. Stewart Capper Kem Thomas, Okla. the Executive. It is a great confession resulting from what ·he said yesterday. Chavez Kilgore Thomas, Utah of weakness upon the part of the majority The Senator from Iowa believes he was Connally Knowland Thye who seek to pass this bill. I shall not be doin-g something to the Senator from Cooper Langer Tobey Cordon Lodge Tydings a party to such a program. Illinois which would be of great harm Donnell Lucas Umstead Mr. President, we should not be fooled or detriment to him, but in that belief Downey McClellan Vandenberg by this weakness. I firmly believe the he is badly mistaken. The Senator from Dworshak McFarland Wherry people want the real power of this type Eastland McGrath White Iowa is one of those individuals who Ecton McKellar Williams of an investigation to rest in the Con­ never changes his mind. He is one of Ellender McMahon Wilson. gress of the United States where it be­ those omniscient persons who is right Ferguson Magnuson Young longs under the Constitution. in everything. Whenever the Senator Flanders Malone Mr. HICKENLOOPER. Mr. President, ­ from Iowa rises from his seat in the The PRESIDING OFFICER .ntation calls it inconsistency, and perhaps it is. something in relation to the individuals thereof as the Senate committee may direct. Perhaps it is being versatile. I do not who were to be appointed members of the . Is that the cause of the oratory in know. But let ~e read ag~in what the· Atomic Energy Commission. In the sec­ opposition to tlie bill? Senator from Illinois .said on February ond paragraph, under "Organization," The President of the United· States 28 in regard to this legislation.. He the law provides: does not state his ressons for believing said: Members of the Commission shall be ap­ the bill to be unconstitutional. He says We can write a law which will give the pointed by the President, by and with the only- Congress ,the right to say, "We want investi- advice and consent of the Senate. gators from the FBI to investigate John Doe. Aside from the question of constitu­ or Harry Blackacre." The Congress has the Normally that is the language used in tionality,_ which I am advised is serious, I power to determin.e whether or not the kind similar legislation. But what did the able believe the bill is wholly unnecessary and of man the President has appointed has the. Senator from Connecticut fUrther insert unwise; · qualification and meets the test laid down by in the legislation? He placed in it this Let us look at the citation given by the the Senate. ' - language: President. The case of Marbury against Mr. President, 1 am not certain whether In submitting any nomination to the Sen- . Madison is an old case. It was decided ate, the President shall set forth the experi- 1 am consistent or not, but I assume f rom ence and the qualifications of the nominee. back in 1803. . Let· us consider the {acts the argument which .the Senator from of that case. Illinois just made that, with the burning . Why, Mr. President? Because the A Secretary of State was a defendant recollection in his mind of the evils situation at the time we were consider­ in a case in which the President of the brought to .light by the investigation of ing that legislation was unusual. Con­ United · States tried .to control the acts Pearl Harbor, from having sat and gress was taking under its wing a monop­ of the Secretary. What did the court worked arduously in that, committee, a:nd · oly over the atomic energy of the United decide? The court decided that the Con­ having seen the insidious things which - States. Never in the history of the Na­ gress of the United States had conferred may be revealed by a congressional com-' tion had such a . project been before upon the Secretary of State certain mittee investigation, he thinks th~t th~ Congress. If the Senator from Con­ duties and obligations by law, and that pending.bill is nefarious. I call attention, necticut were arguing today that_ that even the President of the United States Mr. President, to the fact that that burn- provision was unconstitutional, he might could not change those duties or obligao. 1ng memory was in his mind on February have some grounds for his argument on tions. The decision says that the Presi­ 28 when he· made the statement I have the veto message. dent of the United States has certain just quoted. .Whether it has . been re- Mr. President, the able .Senator from political activities; he has certain discre­ vived or not, I still do not agree with Connecticut went much further than tion; and with respect to his political the Senator that inconsistency is a that. He was successful in having activities or political duties, in which he virtue. _ passed as broad a provision, in my hum- has sole discretion, the Congress of the Mr. LUCAS. Mr. PresideDt, will the ble judgment, as is now sought to be United States cannot interfere. But the ·Senator yield me 1 minute? passed in the present vetoed bill because case also holds that when he is not using Mr. McMAHON. I yield ·1 minute to he provided under (e). in section 15: · his political power, but is using the au• the Senator from Dlinois. . ' The committee is authorized to utilize the thority of· the executive' bran-ch· under a Mr. LUCAS. I thank the Senator services, information, fac111ties, and person- from Connecticut. nel of the departments and establishments law, the President of the United States I rise to say in the 1 minute only one of the Government. cannot change the law. It is argued that the Congress haS no thing, and that is that I sincerely th$nk That includes the FBI. That includes my very able and distinguished friend all the Government bureaus and all the power to place any duties upon an execu­ from Iowa for again reading what I said Government agencies. tive branch of the Government. We last February. It has now been read into Mr. President, I think there is some­ have done so in the case of the Federal the RECORD three times, and I hope the thing behind the objection now being Trade Commission. We have done -so in Senator will read it once more so that made to the bill. What is it? Let us the case of . the Court of Claims. We everyone will know about it. From the. look at the bill itself. Until today the have done so with respect to practically . bottom of my heart I thank the Senator FBI has been under the Attorney Gen­ all Government agencies. Let me read from Iowa for having read what I said in eral. The Director of the FBI is no more one example which I found the other day when I was looking for a certain section February.Mr. HICKENLOOPER.· assure the and no less than an agent o f th. e Attor- 1 ney General of the United States. So which I shall read later. This is what · Senator that the pleasure is all mine. when the opponents of this bill sense the Congress did back in 1908, on May 22. £Laughter.] · fact that Congress for once in its life is This language is founct in 35 Statutes Mr. KNOWLAND. Mr. Pr.esident, I for one specific purpose about to put the at Large, 244, under the heading "Re­ now yield 30 minutes to the junior Sen- Director of the FBI under the direction ports of traveling expenses of omcers and ator from Michigan £Mr. FERGUSON]. of Congress and not under the Attorney employees at Washington.;, Mr. FERGUSON . . Mr. President. it has been very interesting to hear the General, a great deal of oratory is ex- It shall be the duty of the head of each executive department and other Government considerable amount of oratory which pended on the floor of the Senate. establishment at Washington to submit to has been produced on the Senate floor re- I remember that we had a preliminary CongreSs at the beginning of each regular specting the President's veto message, investigation into the Kansas City vote- session a statement showing in detail what fraud case in a subcommittee of the The bill which the President vetoed was Committee on the Judiciary. All the officers or employees (other than special passed without a yea-and-nay vote, as 1 evidence submitted was clear that the agents, inspectors, or employees, who In the recall; but now when it comes back from discharge of their regular duties are re­ · h Attorney General is supreme, and that quired to constantly travel) of such execu­ the President's desk w1t a v~to it seems the Director of the FBI takes his orders tive departments or other Government estab­ that a great deal of oratory must be ex- and his directions from the Attorney lishments have traveled on omcial business pended on it. from Washington to points outside of the Mr. President, the veto message oi the General. But, Mr. President. that is not District of Columbia during the preceding President is a very interesting cine. The this bill. Th~s bill provides that the fiscal year, giving in each case the full title Atomic Energy Act of 1946, which was Se~a~e committee may use the FBI. of the official or employee, the destination sponsored by the able Se12ator from Con- • This 1s the language: or destinations of such travel, the business necticut [Mr. McMAHON] contains an un- The. Di~ector of the Federal Bureau. of or work on account of which the same was usual provision. In fact when the Sen- Investlgatwn shall cause such investigation made, and the total expense to the United · ' · f to be made and, upon completion thereof, States charged in each case. a tor from Connecticut was. chairman o shall report to the Senate committee in the Atomic Energy Committee he was writing- ' That law requires of the executive de­ perfectly willing to have passed legisla- partments and of every bureau, with tion dealing with the subject we are now Not through the Attorney General, but certain specific exceptions, the duty and considering. As I understand, he was the directly to the committee- obligation to say where employees a-uthor of the bill which is now the law, setting out the information developed by' travel out of Wash•ngton, how far they and in it he went so far as to require the such investigation, ~nd shall thereafter fur- travel, and exactly ·how much expenses" 1948 CONGRESSIONAL RECORD-SENATE 6257 such travel entails. How does that dif­ executive department and independent the letter it is now clear that no investi­ fer from the present bill? establishment of the Government" would gation by the Federal Bureau of Investi­ Mr. McMAHON. Mr. President, will in my opinion cover all of them 'except gation was ordered the last time. the Senator yield? · the judiciary, the legislative branch, and Mr. President, in connection with the Mr. FERGUSON. I yield. the President of the United States him­ argument of this matter today and in our Mr. McMAHON. Under the statute self. consideration of the question that is pre­ which the Senator has just read, agen­ Mr. President, I think the constitu­ sented to us, I hope we can separate in cies are required to report to the Con­ tionality of this measure is cl-ear. I hope our minds the present nominations from gress as to what they have done. In each Member of the Senate will search the nominations to this Commission the instant case they are being told his conscience in deciding this question. which will be made in the future. I hope what to do. In the statute which the When the time comes for the vote, if we can do that. This bill was introduced Senator has just read the Government Senators believe the proposed law is un­ in the Congress before the present nom­ agencies are told, "Tell us what you have constitutional, I hope they will vote to inations were submitted to the Senate. done, after you have done it." But the sustain the President's veto; but if they Therefore we must vote on this matter Congress did not in that statute say, "Mr. believe that the bill, as drafted, is con­ not on the basis of the present appoint~ Secretary of the Interior, send John stitutional, then I hope they will vote to ments, but on the basis of the fact that Jones to Albuquerque, N. Mex., at half­ override the veto. - Mr. President, after in time to come we shall need this pro­ past five in the afternoon." all, we are proud of the fact that we are posed law. Mr. FERGUSON. Mr. President, that living under a Constitution, and all our ~s. I have .said, it is evident that every does not answer the argument with re­ powers are limited by that Constitution. facility available to the President was spect to power and authority. This bill So we should search our intelligence in not used; the FBI was not used. requires the executive branch to do order to decide whether under-the Con­ Senators on the other side of the aisle something. When Congress creates a stitution the proposed law is a proper have suggested that there is a desire bureau or an agency, it can by law one. to create a Gestapo. That is not a fact. change that bureau or agency. It made I realize that the President has said: Those ·of us who favor this bill wish to the FBI a bureau under the Attorney Aside from the question of constitutional­ have used one of the existing agencies, General. It can by law change its status ity, which I am advised is serious, I believe namely, the FBI. It is now in existence ·. and say that a part of its · duties shall the bill is wholly unnecessary and unwise. and it is doing work for the executive be to -report to Congress upon a par­ I think that is a question for Congress branch of the Government and, for that ticular bill. That is not exactly new. to decide. It is a question of the policy matter, for the judicial branch of the Instead of asking an agency to do a job, of the United · States, and Congress Government, because the work the FBI Congress may require it to furnish all should decide that: In this particular does can be used in both those branches the information it has. case, when on all hands and on all sides of the Government. I am inclined to Let me read section 105a of title 5 of we hear about the fifth column of the think that if we had written into this bill _ the code, which is a Federal-law: Soviet Union in the United States, when a provision that the desired reports Every executive department-and every in­ we hear that in the United ·Nations it is would be made by the FBI under the dependent establishment of Government impossible to obtain agreement in regard jurisdiction and direction of the Attor­ shall, upon the request of the Committee on to atomic energy, when we hear from ney General, we would not be arguing Expenditures in the Executive Departments across the border to the north that the about this matter today. But that is of the House of Representatives, or of any Soviet Union used its spies to obtain evi­ not the way the bill reads, because the. seven members thereof, or upon request of Commission thought that inasmuch as the Committee on Expenditures in the Ex-­ dence in relation to the very thing which ecutive Departments of the Senate, or any is in the background of this debate, we the Attorney General, an agent of the five members thereof, furnish any informa­ in the Congress of the United States executive branch of the Goverment, tion requested of it relating to any matter should leave no doubt in the mind of the would make his own investigation, the within the jurisdiction of said committee. public that we are alert to the situation, Congress could not require him to make I have been wondering why the House that we believe it to be serious and that an ·investigation. The feeling was that Committee on Expenditures in the Ex­ it is necessary and wise fo1· us to exercise after an investigation had been made ecutive Departments has not been using caution in regard to atomic energy. by the Attorney General-and this is the that section to obtain certain informa­ Mr. President, when the young men way the bill now stands-after the ap­ tion which it wants. of the United States are asked to arm pointments come to the Senate, then, There has been a great change in the against communism all over the world, I and only then, can this committee­ attitude of the President. I remember think the time has come when we can which is the same as saying "this Con­ serving with the President when he was arm here at home, here in America, gress"-use an agency of the executive a Member of the Senate on the Special against communism. Yes, Mr. Presi­ branch, under this particular section of Committee to Investigate the National dent, this is an antisubversive bill. the bill, to make such an investigation. Defense Program. I remember that on The able Senator from New Mexico So not only do we find that this pro­ two occasions, in my presence, he signed [Mr. HATCH] said, as I understood him, posed law is constitutional, but we find a subpena upon the Attorney General of that we shoulq not investigate these per­ that it is wise. We find that Under the the United States to bring to the commit­ sons. Mr. President, have we come to circumstances it is warranted. We find tee information in the hands of the At­ the point where we are no longer going that it relates to a policy in regard fo to inquire into the fitness of any persons which we should exercise our utmost torney General, under the so-called appointed by the President? The record ~ Jackson opinion; -and in each case the discretion as Senators of the United Attorney General brought the informa­ now is clear that the President did not States and Members of the Congress. tion to the committee. look into the fitness of these persons. We want to be just as careful as we We now find that in order to avoid In his veto message, the President says: possibly can; we do not wish to create section 105 (a) of the code certain in­ I fully recognize my obligation in exercis­ any more Government bureaus than are formation is taken from the bureaus in ing my constitutional duty of appointmen~ necessary, and so we are willing to con­ to obtain the facts about any person nom­ Jer upon the FBI this power, this duty, • the executive branch of the Government inated to serve as· a member of the Atomic and placed in the personal custody of the Energy Commission. Every facility of the and this obligation. In my judgment, President of the United States. That is executive branch, including the Federal Bu­ the President of the United States ' probably the reason why the Committee reau of Investigation, will be used to obtain should not veto a bill to that efiect, and on -Expenditures in the Executive De­ those facts. I am entitled to have placed be­ therefore we should vote to override his partments of the House cannot use that fore me all relevant information, including veto. section. The section does not refer ·to material which in the public interest should ·Therefore, Mr. President, on both information in the hands of the Presi.;. be maintained on a highly confidential basis. grounds-believing that the bill is con­ dent. It merely provides for the furnish­ That is the President's statement. stitutional and wise, and also that it is ing of information by departments and But, Mr. President, it is clear that the within the power of the Congress-the establishments of the Government, re- President did not use every facility of the Senate should vote to override the veto. . lating to matters w-ithin the jurisdiction executive branch, including the Federal The PRESIDING · OFFICER. The of the committee. The language "every Bureau of Investigation, because from Senator from Connecticut is recognized. 6258 CONGRESSIONAL RECORD-SENATE MAY 21 Mr. McMAHON. Mr. President, how ander Hamilton. I commend it to Sen­ .contained in your letter. In view·of the in­ much time does our side still have? ators on the other side of the aisle: creasing frequency of these requests, I de· The PRESIDING OFFICER. The In the administration of Government per­ sire to restate our policy at some length, to­ Senator from Connecticut has 37 min­ sonnel Hamilton again insisted on freedom gether with the reasons which require it. ·· · ~ · It is the position of this D~partment, re­ utes at his disposal. of the executive branch upon legislative stated now with the approval of .and at the Mr. McMAHON. l yield myself '7 interference. When the House of Represent­ direction of the President, that all investi­ atives attacked his Treasury administration gative reports are confidential ·documents minutes, and I should like to be reminded as having exceeded the constitutional gr-ant by the Chair when the 7 minutes have .of t!le executiye department of the Govern­ of powers, Hamilton declared such an inquiry ment, to aid in the duty laid upon the Presi­ expired. - an intrusion upon executive responsibility. The PRESIDING OFFICER. The dent by the Const.itution to "take care .that· I now quote Mr. Hamilton: the laws be faithfully executed," and th'at Senator from Connecticut is recognized congressional or public access to them would for 7 minutes. The proper inquiry for the Leg.islature not be in the public interest. Mr. McMAHON. Mr. President, I must be whether the laws have been duly Disclosure of the reports could not do executed or not; if they have been duly otherwise than seriously prejudice law en­ could no better begin my remarks on this executed, the question of sufficiency or de­ question, I think, than by reading what forcement. Counsel for a defendant or .ficiency of authority, from the President to prospective defendant, could have no greater I said in the closing minutes of the de­ his agent, must be • • • a matter help than to know how much or how little bate when the bill was before the Senate purely between the President and the agent, information the Government has, and what for consideration on April 12. I read not examinable by the Legislature, without witnesses or sources of information it can rely now from the RECORD: interfering with the province of the Chief upon. This is exactly what these reports are Magistrate, to whom alone . the responsi­ Furthermore- intended to contain. - bility is. Disclosure of the reports at this particular ! .said- This question ·naturally divides itself time W()Uld also prejudice the ~ational de­ Mr. President-and let this be in the REc­ into two parts. The first, of course, and fense and be of aid and comfort to the very ORD-if perchance there should be a change primary question is on the Constitu­ subversive elements against which you wish in :the Executive at 1600 Pennsylvania Ave­ to protect the country. For this reaso~ we nue at any time while 1 sit as a Member of tion. The second question thaf natu­ have made extraordinary efforts to s.ee that this body, the position I take today w1ll rally arises is, If it is constitutional, is the results of counterespionage activities and be exactly the position I shall take then it wise, is it the right thing to do? That intelligence activities of this Department in­ upon any attempt to destroy what I regard was the form the argument of the Sen­ volving those elements are kept .within the as a. very essential provision of the Constl­ ator from Michigan took, and it was well .fewest possible hands. A catalog of persons ~ution. Let me say · to Senators who are organized; so I shall briefly advert, in .under investigation or suspicion, and what present that there is no prbvision of the the time I have alloca:ted to myself now, we know about them, would be of -inesti­ Constitution the religious observance of mable service to foreign agencies, and infor­ which is better calculated to insure justice upon the constitutionality of the pro­ mation which could be so used cannot be too and liberty to the people of the United States vision. closely_guarded. than the provision that judges shall judge, Mr. President, I think .no better sum­ Moreover, disclosure of the reports would legislators shall legislate, and executives mary of the legality of the question, shall be of serious prejudice to the .future use­ shall execute. · I say, has been gathered together in one fulness of the Federal Bureau of Invest!· I say in closing, and with this I shall take place than in the opinion of the then At­ gation. As you probably know, much · oJ my seat, that .implicit in the proposal Is a torney General Robert H. Jackson, now this information is given in confidence . and statement by the Senate of the United can only be obtained upon pledge not to dis­ Mr. Justice Jackson of the Supreme close its sources. A disclosure of the sources States that with all the money at our com­ Court of the United States. On April 30, mand and with all the services -of the Senate would embarrass informants-sometimes in at our command we feel we are not capable 1941, he addressed a letter to Hon. CARL their employment, sometimes in their social of discharging the duties Imposed upon us VINSON, chairman of the Hou.se Commit­ relations, and in extreme cases might even by the Constitution of the United States. tee on Naval Affairs. In that letter the endanger their lives. · We regard the keep­ That is the issue, and I prefer to register my then Attorney General stated not only ing of faith with confidential informants vote as one who believeo that the Senate can the constitutional basis for his refusal to as an indispensable condition of future obtain all the information that is either turn over FBI reports, but he further efficiency. · · · · necessary or desirable in passing upon Presi­ pointed out the inequity that woUld fol­ Disclosing of information contained in the dential nominations. reports might also .be the grossest ·kind o! low as a matter of right and justice if that inJustice to innocent individuals. Investi· Mr. President, the Senator from policy were to be pursued. gativ,e reports include leads and suspicions, Michigan referred to the fact that the I ask that the Attorney General's opin­ and sometimes even the statements o'f mali­ pending bill was passed on April 12 ion be printed at this point in my re­ .cious or misinformed people. Even tnough without a yea-and-nay vote. I very marks. later and more complete reports exo~erate There being no objection; the opinion the individuals, the use of particular or se­ well remember the occasion. The at­ _Iected reports might <:onstitute the grossest tendance in the Senate was about the was .ordered to be printed in the REC­ injustice, and we all know that a correction same as it is now. Perhaps there may ORD as follows: never catches up with an accusation. . have been a few more then than there APRIL 30, 1941. In copcluding that the public interest does are now. It occurred to me then that Hon. CARL VINSON, . not permit general access ·to Federal Bu· a great constitutional issue had been Chairman, House Committee reau of Investigation reports for infoiJna­ passed upon in a manner that I would on Naval Affairs. _ _ tion by the many congressional committe~s MY DEAR MR. VINsoN: I have your letter of who fr<;>m time to time ask it, I ani following not have had it passed upon if I could April 23, requesting that your committee be the conclusions reached by a long line of have had it done diiferently; and as I furnished with all Federal Burea-g of Inves­ distinguished predecessors in this oftlce who look around me today, Mr. President, I tigation reports since June 1939, together have uniformly taken the same view. Ex·~ am constrained to say I regret the situa­ with all future reports, memoranda, and cor­ . amples of this are to be found in the fol- tion that now confronts the galleries and respondence of the Federal Bureau of Investi­ lowing letters, among others: · the press of the United States as this gation, or the Department of Justice, in con­ Letter of Attorney General Knox to the grave constitutional question i.s being nection with "investigations ~ade by the De­ _Speaker of the House, dated April 27. 1904, partment of Justice arising out of strikes, declining to comply with a resolution of the debated. · · subversive activities in connection with labor House requesting the AttornE>y General to Mr. President, this struggle is one disputes, or labor ctisturbances of any kind furnish the House with all papers and docu­ that began in the days of George Wash­ in industrial establishments which have ments and other information concerning the ington. Practically every President naval contracts, either as prime contractors or investigation of the Northern Securities case. since then has found it necessary to subcontractors." Letter of Attorney General Bonaparte to resist encroachments upon the execu­ Your request . to be furnished .repor.ts- of the Speaker of the· aouse, dated AprU 13, tive branch of the Government. There the Federal Bureau of Investigation is one of 1908, declining to comply with a resolution 1s no question that the division of powers the many made by congressional committees. of the House requesting the Attorney Gen­ I have on my desk at t.his time two other eral to furnish to the House information between the three coordinate branches such requests for access to Federal Bureau of concerning the investigation of certain cor­ of our Government was a work of pe­ Investigation files. The number of these re­ porations engaged in the manufacture of culiar genius by those who drafted the quests ·would alone )llake compliance im­ wood pulp or print paper. Constitution. I was greatly interested practicable, particularly where the requests Letter of Attorney General Wickersham to receQtlY reading a ·quotation from Alex- . are of so comprehensive a character a& those the Speaker of the ii·ouse, datea March 18, 1948- CONGRESSIONAL RECORD-SENATE 6259 1912, declining to comply with a _resolution . This discretion in the executive branch We· cannot be put in the position of discrim­ ot the House directing the Attorney General has been upheld and respected by the judi­ inating between committees or of attempting to furnish to the House information con­ ciary. The courts have repeatedly held to judge between them, and their individual cerning an investigation of the Smelter Trust. that they will not and cannot require members, each of whom has access to infor­ Letter of Attorney General McReynolds to the Executive to produce such papers when mation once placed in the hands of the com­ the Secretary to the President, dated August in the opinion of the Executive their pro­ mittee. 28, 1914, stating that it would be incompati­ duction is contrary to the public interests. Of course, where the public interest has ble with the public interest to send to the The courts have also held that the question seemed to justify it, information as to par­ Senate in response to its resolution, reports whether the production of the papers would ticular situations has been supplied to con­ tnade to the Attorney General by his asso­ be against the public interest is one for the gressional committees by me and by former ciates regarding ~iolations of raw, by the Executive and not for the courts to deter­ Attorneys General. For example, I have taken Standard Oil Co. mine. (Marbury v. Madison (1 Cranch 137, the position that committees called upon to Letter of Attorney General Gregory to the 169); Tott en v. United States (92 U.S. 105); pass on the confirmation ot persons recom­ President of the Senate, dated February 23, Kilbourn v. Thompson (103 U. S. 168, 190); mended for appointment by the Attorn'ey 1915, declining to comply with a resolution Vogel v. Gmaz (110 U.S. 311); In re Quarles General would be afforded confidential access of the Senate requesting · the Attorney Gen­ and Butler (158 U.S. 532); Boske v. Com min­ to any information that we have-because · eral to report to the Senate his findings and gore (177 U.S. 459); In re Huttman (70·Fed. no candidate's name is submitted without conclusions in the investigations of the 699); In re LambeTton (124 Fed. 446); In re his knowledge and the Department does not smelting industry. Valecia Condensed Milk Co. (240 Fed. 310); intend to, submit the name of any person Letter of Attorn~y General Sargent to the Elrod v. Moss (278 Fed. 123); Arnstein v. whose entire history will not stand light, chairman of the House Judiciary Committee, United States (296 Fed. 946); Gray v. Pent­ By way of further illustration, I may mention dated June 8, 1926, declining to comply with land (2 Sergeant & Rawle's (Pa.), 23, 28); that pertinent information would be supplied his request to< turn over to the· committee Thompson v. German Valley R. Co. (22 N.J. in impeachment proceedings, usually insti­ all papers in the files of the Department re­ Equity 111); Worthington v. Scribner (109 tuted at the suggestion of the Department lating to the merger of certain oil companies. Mass. 487); Appeal of Hartranft (85 Pa. 433, and for the good of the administration• of In taking this position my predecessors in 445); 2 Burr Trials (533-536); see also 25 justice. _ this office have followed eminent examples. Op. A. G. 326.) . It is for the reasons given that I feel it my Since the beginning of the Government, In Kilburn v. Thompson, supra, the Court duty to decline ypur request, believing that the executive branch has from time to time said: · in them you will find justification for my been confronted with the unpleasant duty "It is believed to be one of the chief merits refusal. - of declining to furnish to the Congress and of the American system of written constitu­ Respectfully, to the courts information which it has ac­ tional law that all the powers entrusted to ROBERT H. JACKSON. quired and which is necessary to it in the government, whether State or national, are administration of statutes. As early as 1796, divided· into the three grand departments­ Mr. HICKENLOOPER. Mr. Presi­ the House of Representatives requested Pres­ the executive, the legislative, and the judicial. dent, will the Senator yield for an ob­ ident Washington to·lay before the House a That the functions appropriate to each of servation? copy of the instructions to ministers of the these branches of government shall be vested Mr. McMAHON. On the Senator's United States who negotiated a treaty with in a separate body of public servants, and time? , Great Britain, together with the correspond­ that . the perfection of the system requires ence and other documents relating to that that the lines which separate and divide The PRESIDING OFFICER. The treaty. In declining to comply with the re­ these departments shall be broadly and time of the Senator from Connecticut quest, President Washington said: clearly defined. It is also essential to the has expired. "* • • as it is essential to the due ad­ successful working of this system that the Mr. McMAHON. I am sorry. I would ministration of the Government that the persons entrusted with power in any one yield to Senator, but my time is growing boundaries fixed by the Constitution be­ of these branches shall not be permitted so short-- tween the different departments should be to encroach upon the powers confided to preserved, a just regard to the Constitution the others, but that each shall 'by the law Mr. KNOWLAND. Mr. President, · I and to the duty of my office • • • for­ of its creation be limited to the exercise of yield 1 minute to the Senator from Iowa, bids a compliance with your request." (See the powers appropriate to its own depart­ to permit him to ask a question or two. Richardson, Messages and Papers of the ment and no other." The PRESIDING OFFICER. ·The Presidents, vol. 1, pp. 194, 196.) In Appeal of Hartranft, supra, the Court Senator from Iowa is recognized for 1 In 1825, the House of Representatives re­ said: minute. quested President Monroe to transmit cer­ "We had better' at the outstart recognize tain documents relating to the coriduct of the fact, that the executive department is a Mr. HICKENLOOPER. Mr. Presi­ the officers of the Navy of the United States coordinate branch of the GovernJ:11ent, wit.h dent, I merely want to suggest that in on 'the Pacific Ocean, and of other public power to judge what should or should not be referring to the opinion of the ·Attorney agents in South America. In his reply, done, within its own department, and what General on the question of constitution­ President Monroe refused to comply with the of its owri doings and communications should ality, in my opinion a sharp distinction request, stating that to do so might subject or should not be kept secret; and that with should be drawn between trying to take individuals to unjust criticism; that the in­ it, in the exercise ot these constitutional from the President information he has dividuals involved should not be censured po_wers, the courts have no more right· to .. without just cause, which could not be as­ mterfere, than has the Executive, under like developed under his executive discretion, certained until after a thorough and impar­ conditions, to interfere with the courts." on the one hand, and the power of Con­ tial investigation of their conduct; and that The information here involved was col­ gress to impose affirmative duties on an · tinder those circumstances it was thought lected, and is chiefly valuable, for use by the official in the executive department, on that communication of the documents would executive branch of the Government in the the other. not comport with the public interest nor execution of the laws. It can be of little, if Mr. McMAHON. Mr. President, I with what was due to the parties concerned. any, value in connection with the framing ('See Richardson, Messages and Papers of the of legislation or the performance of any other would say to the Senator from Iowa, in Presidents, vol. 2, p. 278.) constitutional duty of the Congress. we do reply, that the FBI is simply an exten­ In 1833, the Senate requested President not undertake to investigate strikes as to sion of the executive department of the Jackson to. communicate to that body a copy their justification or the lack of it, but con­ Government headed by the President. of a paper purporting to have been read by fine investigation to alleged violations of The Senator unwittingly puts his fiJager him to the heads· of the executive depart­ law, including of course violation of statutes on the very fallacy which underlies the ments, dated September 18, 1833, relating to designed to suppress subversive activity, and attempt being made in this case.· I wish the removal of the deposits of the public to general intelligence to guide Executive I had time to thoroughly review the cases money from the Bank of the United States. policy. Certainly, the evil which would nec­ President Jackson declined. (See Richard­ essarily flow from its untimely publication which have occurred under every Presi­ son, Messages and Papers of the Presidents, would far outweigh any possible good. dent, wherein the Congress has demand­ vol. 3, p. 36.) I am not unmindful o! your conditional ed that certain papers be given up and In 1835 the Senate passed a resolution re­ suggestion that your counsel will keep this furnished to the Congress. The Presi­ questing President Jackson to communicate information "inviolate until such time as the dent has invariably refused to comply. copies of the .charges, if any, which might committee determines its disposition." I A' fortiori, if he may refuse to supply have been made to him against the omcial have no doubt that this pledge would be kept confidential papers and documents in his conduct of Gideon Fit~. late surveyor gen­ and that you would weigh every considera­ eral south of the State of Tennessee, which tion before making any matter public. Un­ possession, certainly he can see to it that caused his removal from office. In reply, fortunately, however, a policy cannot be made an arm of the executive branch of the President Jackson again declined to comply. anew because of personal confidence of the Governm·ent does not, at the behest of (See Richardson, Messages and Papers o;f the Attorney General in the integrity and good the legislative branch, turn over to it the Presidants, vol. 3, pp. 132-133.) faith of a particular committee chairman. results of a confidential investigation 6260 CONGRESSIONAL REC.ORD-SENATE MAY 2-1 which the legislative branch.has no right ability to do the things which it is had consumed 56 sessions and 102 in the first piace to order. charged by law to do. hours-a report was made to the Senate. The PRESIDING OFFICER. Is the That is a broad statement, Mr. Presi­ We considered the nominations· for 10 Chair to understand that the S.enato:r dent. Why .do I make it? I .make it for days and voted by an overwhelming vote from Connecticut has yielded himself these reasons: I call attention to the fact to confirm them. further time? that the Federal Bureau of Investigation, I said, when the bill passed, that I rose Mr. McMAHON. I yield myself 7 min­ by the very nature of its work, must, if it to uphold the dignity of the United utes more. is to be efficient and sufficient in all mat­ States Senate. The PRESIDING OFFICER. The ters and at all times, guard with sacred Mr. President, the joint committee Senator is recognized for 7 minutes. zeal the sources of its information. I which is charged with the important duty Mr. McMAHON. Mr. President, as should like to quote from the opinion of with reference to which we have been stated by one President- former Attorney General Jackson. speaking has appropriated to it $150,000. . It cannot be doubted that the triumphant He said: Eighteen employees are devoting their success of the Constitution is due to the won­ Disclosure of the reports would be of seri­ full time· to the duties with which the derful wisdom with which the functions of ous prejudice to the future usefulness of the joint committee is charged. The joint government wer~ distributed between the Federal Bureau of Investigation. As you prob­ committee and its staff have done a high­ three principal departments-the legisla­ ably know, much of this information is g~v:en tive, the executive, and the judicial-and to in. confidence and can only be obtained upon ly creditable piece of work in.discharging the fidelity with which each has confined pledge not to disclose its sources. A disclo­ the very grave responsibility pl-aced upon itself or been confined by the general voice sure of the sources would embarrass inform­ it by the act. We do not need any FBI of the Nation within its peculial" and proper ants-sometimes in their employment, some­ investigations. We do not need any sphere: Whilst a just, proper, and watchful times in their social relations, and in ex­ secret-service investigations. We do not jealtlusly of Executive power constantly pre­ treme cases might even endanger their lives. need any investigation by the Pure Food vails, as it ought ever t.o prevail, yet it is We regard the keeping of faith with confi­ · and Drug inspectors, or any of_the other equally true than an efficient Executive, capa­ dential informants as an indispensable con­ dition of future efficiency. of the myriad investigatory agencies of ble, in the language of the oath prescribed the Government. We c~;~.n do the job our­ to the President, of executing the laws, and Disclosure of information contained in the selves. · within the sphere of Executive action of pre­ reports might also be the grossest kind of serving, protecting, and defending the Con­ injustice to innocent individuals. Investi­ Mr. McFARLAND. Mr. President, will stitution of the Unit«:>d States, is Jtn indis­ gative reports include leads and suspicions, the Senator yield? pensable security for tranquillity at home and sometimes even the statements of mali­ Mr. McMAHON. I yield. and peace, honor, and safet y ebroad. cious or misinformed people. Even though Mr. McFARLAND. Will the Senator later and more complete reports exonerate state what the attitude of the FBI· was Mr. President, I now devote myself for tb,e individuals, the use of particular or se­ lected reports might constitute the grossest in regard to making reports available? a few minutes to the. question of policy Mr. McMAHON. I think I can speak involved. I dare say that no man on this injustice, and we all know that a correction never catches up with an accusation. with some authority on that subject. I . floor has any greater appreciation than In concluding that the public interest does believe it was the attitude of the Fed­ have I of the affairs with which the Joint· not permit general access to Federal Bureau eral Bureau of Investigation that to take Committee on Atomic Energy is charged of Investigation reports for information by the report$ out of the executive depart­ by the Congress to supervise. I take the many congressional committees who ment would tend to destroy the efficiency some pride in the fact that I have in my from time to time ask it, I am following the of the Bureau in carrying out the duties official capacity as a Senator had some conclusions reached by a long line of distin­ with ·which they are charged. part in the establishment of the policy guished predeqessors in this office who have uniformly taken the ·same view. Mr. McFARLAND. It has always been of the Government on this subject. I do the understanding of the Senator from not think that anyone in the United And then he cites case after case-­ Arizona that the Department of Justice States will charge me with being unaware The PRESIDING OFFICER. The time was of the opinion that if the reports of the terrible forces with which we deal. of the Senator has expired. were freely circulated . it would prevent Yet, Mr. President, I say that ev~n if I - Mr. McMAHON. Mr. President, I the Bureau from obtaining the informa­ believed-,.which I do not-it were neces­ yield myself more time. Remind me, tion which it desired to obtain, for the sary for the safety of the United States again, Mr. President, in 7 minutes. reason that everyone was assured that that this bill should pass, I would be con- . The PRESIDING OFFICER. The his answers would be kept in the utmost strained, under my oath as a Senator of Senator from Connecticut is recognized confidence. the United States, to vote against it, be­ for 7 minutes. Mr. McMAHON. The Senator is ex­ cause I am pledged by my oath to uphold Mr. McMAHON. So, in the judgment actly correct. I should like to point out the laws and the Constitution of the of the Attorney General of the United to the Senator, if he will permit me, an­ United States. Feeling as I do, I would be States and in the judgment of every sin­ other thing which occurs to me. I forced, as I say, to vote against such a gle one of his predecessors, yes, in the· should like to impress this on every Mem­ bill. I would endeavor to cure the defect judgment of the Director of the Federal ber of the Senat~. When these reports if one existed in a constitutional man­ Bureau of Investigation, the giving out of are made up they are full of statements ner. But I am convinced, having knowl­ reports to congressional committees or to by people. who are labeled "T-1," "T-2," edge, as I have, of the subject with which anyone else would lessen the efficiency "A-1," "XY," and so forth. The iden­ we are dealing, that· the safety of the and the ability of the Federal I3ureau cf tity of those confidential informants is United States and the efficient function­ Investigations-to do what? To catch known solely to the Bureau and its in­ ing of the Joint Committee on Atomic Russian spies who have been talked about nermost supervisory employees. When Energy do not require this legislation. on this :floor. Parenthetically, I might such a report is brought up, do we call in Mr. President, we are very much con­ say that those Russian spies •.if they had the nominee, and say, "'A-1' says you cerned with the efficiency of the Federal ever faced the inquisition that was given t:J;"ied to burn down your neighbor's Bureau Qf Investigation. It is primarily nominees for the · Atomic Energy Com­ house?" He says, "Wait a minute; just a upon that agency that we rely to protect mission by the Senate Investigating Com­ minute, please. Who is 'A-1 ?'" We say, us against sabotage, against espionage, mittee and its guests, I dare say would "We cannot tell you that , because if we and against everything that would mili­ have disclosed the information in their did the Director of the Bureau of In­ tate against the security of the Nation. possession. vestigation rightly and correctly says it Any measure which is designed to hin­ Ah, Mr. President, is it necessary? We would ruin the efficiency of the FBI." der it in its operations should be and all remember the investigation which What a situation that would be for citi­ must be defeated. In other words, in took place a year and 3 months ago, when zens of the United States to be con­ order to promote the security of the from one end of this land to the other, fronted with. United States, as my friend the Senator charges were trumpeted against the Pres­ Ah, Mr. President, I yesterday asked from California [Mr. KNOWLAND] would idential nominees, and every newspaper a question of the Senator from Iowa, and do, in order to use the Federal Bureau in the land carried the charges and the I did not then get what I thought was a of Investigation to promote the security accusations. They were tried, Mr. Pres­ satisfactory response. The question of the United States, he would, unwit­ ident, in the open, in the Senate Office was, What would happen if the Presi­ tingly, if this measure should pass, strike· Building, where they should have been dent of the United States were to write a blow at the Bureau's efficiency and its tried. After the trial was concluded-it a letter to the President pro tempore of 1948 CONGRESSIONAL RECORD-SENATE 6261 the Senate saying, "Mr. President pro tive of the Republic. I, as a Senator President. If Congress can do ·that in tempore, you have· some committees of the United States, shall always be regard to the Atomic Energy· Commis­ which are not doing very much. They jealous of the prerogatives of the Senate, sion, it can do it in regard to any other ·have a lot of employees who are going as I see them, as I am at this moment, appointeee of the .President whose name home early. The FBI is working over­ because of a conviction of my conscience, is sent to the Senate and referred to any time. The Secret Service has its hands jealous of the prerogatives of the Presi­ committee. full. I want you to send your employees · dent of the United States. As I said yesterday in a colloquy with down here so that I may put them to Mr. President, the bill is not constitu­ the Senator from Iowa [Mr. HICKEN­ work, because I have a lot of things for tional, it is not wise, it is not necessary. LOOPER], there is nothing constitutionally them to do. . Oh, no, they will stay on The veto should be sustained. sacred in regard to the Atomic Energy your pay roll, but I have some nominees Mr. ffiCKENLOOPER. Mr. Presi­ Commission, which is the subject of the I want to have investigated." dent, I yield 3 minutes to the junior Sen­ veto and the legislation now under con­ Mr. HICKENLOOPE~. Mr. Presi­ ator from Michigan [Mr. FERGUSON]. sideration. We all recognize. the con­ dent, will the Senator yield? The PRESIDENT pro tempore. The fidential nature of that instrumentality. . Mr. McMAHON. I cannot yield now. Senator from Michigan is recognized for We recognize the importance of keeping I might say that there is only one step 3 minutes. it so. But from a legal an1 constitutional from that, of course, and a very short Mr. FERGUSON. · Mr. President, I standpoint, we have no more power to step, in principle, to say to the senior think the RECORD should be clear on just authorize a committee of the Senate to Senator from Illinois, "Come down here: what Attorney General Jackson's opinion command the FBI to be its agent, under You are not earning your $12,500. I applied to. He was not speaking, in that its direction, in regard io appointees to have a veto message I want you to write, opinion, about the powers which are to the Atomic Energy Commission than we and you have to go to work for me." be conferred in the bill which has been have in regard to any other appointee The PRESIDENT pro tempore. The vetoed: In this bill the Congress is as­ to a position under the United States Senator's time has expired. signing a particular task to the FBI; whose name is sent to the Senate by the . Mr. McMAHON. I yield myself two Attorney General Jackson was speaking President. more minutes. about ·confidential · information, as he The PRESIDENT pro tempore. . The called it, in the hands of the Executive, If we can do what is proposed in re­ Senator from Connecticut is recognized an entirely different question. gard to the Atomic Energy Commission, for two more minutes. Mr. President, separation- of powers we have· the power to do it in regard to Mr. McMAHON. The Senator from does not mean that the Congress of the all appointees of the President, includ- Dlinois would say, "Mr. President, I will United States cannot give to a bureau or . ing every district attorney and every go down there and go to work for you an agency executive and judicial power judge in the United States. . when the Supreme Court tells me to." or quasi-legislative and judicial power. It is one thing for the Department of I say, Mr. President, that if I were It merely means that there are certain Justice to investigate, through the Bu­ President of the United States-a fact, political powers, as was said in the case reau of Investigation, the qualifications, I might say, to which there is a presump­ of Marbury against Madison, which can­ ·the character, and the records of m'en tion to the contrary-if the Senate com­ not be· taken from the President. But in who are contemplated for appointment mittee drew upon Mr. Hoover, and said, that case power was lodged in the Secre­ by the President of the United States on "Mr. Hoover, investigate John Jones and tary of State, the law said that he was to the recommendation of the Attorney send your report to us;" I repeat, if I do certain things, and therefore the law General. For instance, I think that every were President of the United States, I was controlling, rather than the political contemplated nominee for the position would say, "Mr. Hoover, you are my em­ power of the President. of district attorney is investigated for ployee; you are working for me, under Mr. President, on many occasions, un_. the information of the Attorney General the law and the Constitution. I have the til the Senate stopped the practice, vari­ in making his recommendation, and for right to require your full time and your ous committees of the .Senate borrowed the information of the President. The services to keep me informed and to in­ from agencies Government employees,. President has undisputed power to com.: vestigate nominations to the Atomic En­ who were paid from the appropriations mand the Bureau of Investigation to in­ ergy Commission for me." for the agencies, but did work for the vestigate anything within his purview. Then, I presume, the Senate would committees. The only way in which we It is one thing for the Attorney General, haul him up for contempt, and, as I said could stop that was by law. who is the head of the Department of earlier, habeas corpus would issue, and The Jackson opinion does not apply to Justice, of which the Federal Bureau I am as certain as I am that I am stand­ the .instant case. No1· was the Jackson of Investigation is a part, to order the ing here that the Supreme Court would opinion based upon any Supreme Court Federal B'ureau of Investigation to in­ discharge Mr. Hoover from a contempt decision. vestigate· an appointee, or a contem­ charge. Mr. McMAHON. Mr. President, I plated appointee, because that is a part The PRESIDENT pro tempore. The yield 10 minutes to the Senator from of the duty of the executive branch of Senator's time has expired. Kentucky [Mr. BARKLEY]. the Government. It is an entirely dif­ Mr. McMAHON. I yield myself two The PRESIDENT pro tempore. The ferent matter for a committee of the more minutes: Senator from Kentucky is recognized for United States Senate, or a mere majority The PRESIDENT pro tempore. The 10 minutes. of a committee which, as has been indi­ Senator from Connecticut is recognized Mr. BARKLEY. Mr. President, in the cated here, would be five Members of for two more minutes. limited time at my disposal I do not pro­ the United States Senate, to transpose Mr. McMAHON. So, Mr. President, I pose to attempt a constitutional argu­ itself into an executive agency and com­ say that this is not a new issue, as .is ment on the subject under discussion. mand the Federal Bureau of Investiga­ evident from ·a reading of the cases and If I might offer a brief reply to the Sena­ tion to be its servant, not subject to the of the facts in the long struggle that· tor from Michigan, I would say that in Attorney General, not subject to the started iii George Washington's time, principle I see no difference between re­ President, but subject only to that com­ when he refused, contrary to the belief quiring an executive department, which mittee in regard to the matter which of the Senator from Ohio, to divulge to is an arm of the President, to divulge was under consideration. · the Senate the secret papers upon which confidential information which it has It is easy to understand how a con­ he· had negotiated a treaty which was gathered, and requiring an arm of the · fiicting situation might exist. The Bu­ before the Senate for ratification-a executive department to give confiden­ Teau of Investigation is an agency in the struggle which continued from Wash­ tial information to a committ~e of the Department of Justice. It continues to ington to Jefferson, to Jackson, to Bu­ Senate in regard to the confirmation of act under the Attorney General, regard­ chanan, to Polk, to Andrew Johnson, to an appointment. less of change in administration. Sup­ Grover Cleveland, to Wilson, Coolidge, I am firmly convinced that what is pose the President of the United States, and Franklin Roosevelt. Under his con- · proposed in .the vetoed bill is an effort in the exercise of his judgment, should stitutional responsibility, the President, on the part of Congress to control the nominate a prominent and eminent law­ as a representative of all the people, actions and the performance of the yer to be Attorney General of the United would be derelict in his duty if he did duties of agents of an executive depart­ · States. If the Senate could do the thing not defend the rights of the Chief Execu .. ment, and that means agents of the it is now proposed it shall have authority XCIV--395 '6262 CONGRESSIONAL RECORD-SENAT·E MAY 21 to do, ·it could authorize the Commitee its sphere, with that of the President the logic of the situation which is insisted on the Judiciary to require the FBI to himself and the Supreme Court. upon, because three Members would con­ investigate a contemplated Attorney Mr. HICKENLOOPER. Mr. President, stitute a majority of a quorum. But this General and thereby decide who might will the Senator yield? is the sovereign Congress of the United be their superior in the Department of Mr. BARKLEY. I do not know how States ordering and fixing additional Justice. The mere mention of such a much time I have left. duties upon a subordinate officer of the ridiculous conflicting situation, it seems The PRESIDENT pro tempore. The United States for the benefit of this body. to me, is sufficient to condemn· it. As­ Senator from Kentucky has 1 minute I may also point out that there is noth­ suming that the Committee on the Judi­ left. · ing unique about the bill. Throughout ciary would exercise the authority that Mr. BARKLEY. I yield. the entire history of the United States Congress might give it, if it should give Mr. HICKENLOOPER. Does the Sen­ we have ordered and prescribed duties to the Committee on Atomic Energy the ator by any chance contend ·that the of subordinate bodies of Congress. I power now sought, we might very well Congress cannot. prescribe duties for have now in mY, hand a list of more than visualize a situation where a subordinate subordinate officials of government? 330 agencies and departments in the-ex­ agency in the Department of Justice Mr. BARKLEY. Congress can pre­ ecutive department of the Government might determine who would be the At­ scribe duties for subordinate officials of which are ordered and required to sub­ torney General of the United States. government, and does it every time it mit reports to and perform services not If Congress· can do that. with regard creates an office. Congress has .Pre­ only for the. Congress, but to and for to an Attorney General it can do it with scribed the duties of every new Cabinet each House of the Congress, and in many regard to the Supreme Court of the member when it has created a new de­ instances to and for committees of the United States, because if we can author­ partment. It has prescribed the-duties Congress. ·There is nothing unique about ize the committee to require the Bureau of every subordinate · agency in setting the legislation. of Investigation .literally to pass on the . up the agency. . As a matter of legisla­ On the question of constitutionality I qualifications of appointees to the Atomic tion it has prescribed the duties of such may suggest that the constitutionality of Energy Commission we can likewise au­ new agencies. . That is one thing. But the measure has been argued by Senators thorize the Committee on the Judiciary, it is an entirely different thing to say on the other side of the question on the if the President were to appoint an indi­ that a committee of the Senate can call ground that the Congress would be vidual to be Chief Justice of the United individuals who are members of the reaching into the discretionary powers States, to require the FBI to make Jtn in-. executive d~partment before it and re­ of the President in connection with acts vestigation with respect to the qualifica­ quire them to' make an investigation for he is required to perform under ·the Con­ tions of that individual. Are we willing a committee which is likewise a sub­ stitution, and violating such provisions to say by the precedent which it is sought ordinate branch of the Congress of the of the Constitution. There is nothing of to set here that we may extend it to all United· States. that kind involved here. In this legis­ appointees, including appointees to the The PRESIDENT pro tempore. The lation Congress seeks to have an act per­ highest Court, which is a coordinate time of the Senator from Kentucky has formed by an executive agency of Gov­ branch of the Government, so that a expired. ernment. for the Congress, not for the mere arm o(the Department of' Justice Mr. BARKLEY: Mr. President, will President. would have the right to say by its testi­ the Senator. from Connecticut yield me Again I may review and say that in mony or its report to the Committee on another minute? · the Atomic Energy Act itself thousands the Judiciary whether any man appoint­ Mr. McMAHON. ·I yield the Senator of investigations by the FBI are ordered ed to the Supreme Court shall qualify to {rom Kentucky 1 minute. by the law, not by the President. He serve in that coordinate branch of the The PRESIDENT pro tempore. The has no control over it. Thousands of Government of the United States? · Senator from Connecticut has 2 minutes investigations of employees of the Mr. McMAHON. Mr. President, will left on his side. Atomic Energy Commission are ordered the Senator yield to me? Mr. BARKLEY. Mr. President, I hope by law to be made by the FBI; and the Mr. BARKLEY. I yield. the ,President's veto will be sustained, reports of those investigations are not · Mr. McMAHON. I should like to read not merely because Harry Truman has made even to the Attorney General, who one sentence from the statement of the sent it here. I -would take the same po­ is the immediate superior of the Federal Senator from California [Mr . . KNow­ sition if it were done by any other Presi- Bureau chief, but' directly to the Atomic LAND J, the sponsor of the bill, made yes­ . dent. I think we are embarking upon Energy Commission. They are not even terday, which is along the lines the Sen­ a dangerous course when we say that we made to the President. Neither the ator is now discussing: can reach our arm, our subordinate arm President nor the Attorney General has We do not. claim that the Senate or the throu~h a committee, into an agency of any control over such investigations, Senate Members of the committee should be the executive branch, and require that either to order them or to stop them: able tg direct the FBI to investigate any other agency to do something which may be This bill is essential from . a practical officeholder in the Government of the United even in contradiction of the order of the standpoint. It is justified historically States. President, to take them out of a job to and from a legal standpoint. From a Mr. BARKLEY. That is a mere state­ which they have been assigned by the practical standpoint, it is the only ment that up to now they are not seek­ executive department, and say "We need method whereby the committee of the ing to go any further. The point is, if ·you. We want you. Regardless of any­ Senate can be assured that it has ex­ we go this far we can go the entire dis­ thing else you say, you are now our hausted all reasonable opportunity and tance, and. we can require the FBI to .agent." I do not believe we can do it avenues of investigation to look into the come before a committee and determine constitutionally; I do not believe. we qualifications of appointees to these im­ by its testimony, or its report, whether should do it in the exercise of sound judg­ portant positions. an individual nominated by the Presi­ ment and wisdom. On many occasion~ in the past the dent of the United States to be Chief Mr. KNOWLAND. Mr. President, I judgment of the Chief Executive in ap­ Justice of the United States should be . yield 5 minutes to the Senator from Iowa pointments which he has made to im­ entitled to confirmation. It seems to me [Mr. HICKENLOOPER], the chairman of the portant positions has been declared to that the whole proposal, in view of its Joint Atomic E'nergy Committee. be bad by the Senate in exercising its possible ramifications, is an infringe­ Mr. HICKENLOOPER. Mr. President, constitutional duty. We are all mindful ment upon the executive branch of the in closing the· debate, I again call the of those examples. It is neither fair nor Government. We are supposed to re­ attention of the Senate to the fact that sound to say that because the President tain the independence of these· coordi-· there have been many red herrings makes an appointment the appointment nate branches. While the President is drawn across the trail during the last is sacred or the individual whom he a part of the legislative process in the few · days which may divert attention appoints is a paragon of virtue, ability, sense that he must approve or disapprove from the real substance of the issue. In and all the other things one might desire legislation, only in that sense is he a the first place, it is not five Senators who . in public office. That is why the Senate part of the legislative branch, which is would be ordering an investigation. As is required to examine into Presidential a coordinate branch of the Government, I pointed out yesterday, three Senators appointments. That is why the Consti­ with equal power and equal authority in ' could order the investigation, if that is tution charges · this body with fully as 1948 CONGRESSIONAL RECORD-SENATE 6263 sacred a responsibility and obligation to power to· seize any existing records of the deprive them of appropriations. But we _the public in confirming such appoint~ President of the United States or of the · cannot conduct them in their daily op­ ments as it places upon the Chief Execu~ executive branch of the Government of erations. That is what we would at­ tive in making the appointments. The the United States. To the contrary, all tempt to do if we were to enact this bill. responsibility is a divided responsibility. it provides is that in this limited field; in Something has been said about the The solemnity is equal on both sides. To this unprecedented field of atomic power, Canadian spy case. If we enact this bill deny this body the use of an efficient, when the United States Senate is exer­ we shall inevitably tear down the effi­ already organized, extensive body of in~ cising its constitutional responsibility of ciency of the Federal Bureau of Investi­ vestigators to report to the committee confirming or refusing to confirm Presi­ gation and deprive it of the ability to and aid it in. the exercise of its impor~ dential appointments-in that ·limited detect the very kind of thing which the tant duty is not only fundamentally field alone, and only in that field, we shall Senator from California has pointed out sound, but it is utterly practical in this have the right to call upon one of the to the Senate. vital field. agencies of the Government.created by The PRESIDENT pro tempore. Under The "PRESIDENT pro tempore. The the Congress of the United States to ob­ the unanimous-consent agreement, all time of the Senator from Iowa has tain the information which we need in time has expired and the Senate will expired. _ the discharge of our constitutional obli~ proceed to vote. · ·Mr. KNOWLAND. Mr. President, we gation. Mr. WHERRY. I suggest the absence come to the end of the debate relative to Again I say that this question is a mat­ . of a quorum. the question whether Senate bill 1004 ter of great concern to the country. I The PRESIDENT· pro tempore. The shall be passed, the objections of the · pointed out that a year or· so ago our absence of a quorum having been sug­ President of the United States to the con­ neighboring country to the north, Can­ gested, the clerk will call the roll. trary notwithstanding. I believe that ada, was faced with a very serious spy The Chief. Clerk called the roll, and the constitutional- questions have been situation. A Royal Commission was the following Senators answered to their ably discussed today. There is appar­ appointed. If one examines the report names: ently an honest difierence of opinion as of the Royal Commission, he . will find Aiken Fulbright M11Iikin to constitutionality. Personally I be­ that at the time the Soviet Government Baldwin George Moore lieve that the bill is a constitutional use was united with us as an ally, and we Ball Green Morse were giving to her $11,000,000,000 in Barkley Gurney O'Conor of power by the Congress of the United Brewster Hatch Pepper States. In any event, as I pointed out lend-lease goods, and aiding her in a Bricker Hayden Revercomb yesterday, there is only one way in· which common effort, she sent her agents to Bridges Hickenlooper Robertson, Va. Canada, an allied power. Those agents Brooks Hill Russell that question can be finally determined, Buck Hoey Saltonstall and that is for the United States Su­ penetrated to high places in the Gov­ Butler Holland Sparkman preme Court to pass upon the question if ernment of Canada, in what would be Byrd Ives Stennis the equivalent of our Atomic Energy Cain Johnson, Colo. Stewart the law is ever challenged. Capehart Johnston, S.C. Thomas, Okla. The second question is, Is it essential? Commission, and into the very legislative Capper Kern Thomas, Utah On this question I have no doubt whatso­ halls themselves. Chavez Kilgore Thye What had the Russians done? They Connally Knowland Tobey ever. Yesterday I pointed out the leg­ Coo_per Langer Tydings islative history of the bill. This is not h~c} stolen ~ sample of uranium. They Cordon Lodge Umstead something that has recently been intro­ had stolen other information regarding, Donnell Lucas Vandenberg the atomic field. Therefore I say that Downey McClellan Wherry duced. As a practical matter of fact, it Dworshak McFarland White has no application whatever to the in..­ the very subject matter with which we Eastland McGrath Williams cumbent members of the Commission. are dealing made. the committee feel Ecton McKellar Wilson The original form of the bill, which has that it was desirable and necessary to Ellender McMahon Young report a bill to this body and to the Ferguson Magnuson been.greatly.modified, was introduced be~ Flanders Malone fore the present Commissioners were· other body of the Congress to try to close confirmed a year ago. it grew out of the the loophole. · The PRESIDENT pro tempore. fact that during that period of time we As the great Qemocratic President, Seventy-six Senators having answered discovered what we thought to be a very Grover Cleveland, once said, we were con­ to their names, a quorum is present. • serious loophole in the law, one which· fronted by a condition and not a theory. The question before the Senate. is, would threaten the very security of the' We.have tried to offer a constructive ap-. Shall the bill pass, the.objections of the Government itself. This. is an unprece­ proach to close the loophole. We believe President of the United States to the dented field in which we operate: With that it is a constitutional approach. We contrary notwithstanding?. the· ex~eption of the·' late President· believe that Congress. has the power to A vote to override the veto will be a Roosevelt and the incumbent President, ask an agency of its own creation to ob­ vote "yea." no other President in the history of the tain information for the Congress in the A vote to sustain the veto will be a United States has had to deal with this discharge of our constitutional obliga­ vote "nay." vast atomic force, which in itself could tion. In the final analysis this body has The. yeas and nays are required by the lead to the destruction of the very Re­ the ultimate responsibility. At some Constitution. The clerk will call the public under which we live, and .the peace distant time in the future, when someone roll. of the world. is appointed to the Commission, we do The Chief Clerk called the roll. I invite attention to the fact that the not want Members of the Senate to rise­ Mr. WHERRY. I announce that the Joint Committee on Atomic Energy is and say, "Why did you not see that there Senator from South Dakota [Mr. BusH~ charged with a tremendous responsibil­ was a full and complete FBI report?" FIELD]~ the Sen~r from Wisconsin· [Mr. ity. The nine Members of the Senate The PRESIDENT pro tempore. The McCARTHY], and the Senator from Kan­ and the nine ·Members of the House of time of the Senator from California. has. sas [Mr. REED] are necessarily absent. expired. If present and voting, the Senator from Representatives on the joint committee The Senator from Connecticut [Mr. . are the liaison between the Atomic Ener­ South Dakota, the Senator from Wis- · McMAHON] has 1 minute. consin, ~tnd the Senator from Kansas gy Commission itself and the Congress of Mr. McMAHON. Mr. President, in the would vote "yea." the United States. By the very nature minute remaining I wish to point out The Senator from Indiana [Mr. JEN­ of the power with' which- we are con~ that this situation high-lights the Bibli­ NER] and the Senator from Utah [Mr. · cerned, the co:mmi,ttee must deal with cal injunction that man cannot have two WATKINS] are necessarily absent and highly classified subjects, and· we do so ·masters. He cannot serve both the Pres- . are paired with the Senator from Wyo­ constantly. In turn, because of the na­ ident of the United States and the Sen~ ming [Mr. O'MAHONEY]. If present and ture of this subject, we cannot discuss . ate members of the Joint Committee on voting, the Senator from Indiana and the all phases of it with the House of Rep~ Atomic Energy. Senator from Utah would vote "yea,'' tesentatives or with the Senate. Mem­ The statutes which are cited as prece~ and the · Senator from Wyoming would bers of Congress must rely to a large dents deal with the exercise of constitu~ vote "nay." extent upon our judgment in this field. tional legislative authority. We can es..; The Senator from Pennsylvania [Mr. The proposed legislation would in -no tablish bureaus; we can abolish them; MARTIN] arid the senator from Ohio sense confer upon the committee the we can appropriate for them; or we can [Mr. TAFT] are necessarily absent and 6264 CONGRESSIONAL RECORD-· SENATE MAY 21 are paired with the Senator from Mon­ Holland Millikin Tobey 1. Statehood for Alaska: Some 94,000 Ives Moore · Vandenberg people now reside in the Territory, and tana [Mr. MuRRAY]. If present and Kern Revercomb Wherry voting, the Senator from Pennsylvania Knowland Robertson, va: White the population is growing. Alaska resi­ and the Senator from Ohio would vote Lodge Russell Williams dents deeply desire statehood. A large McClellan Saltonstall Wilson proportion of them are from the States "yea", and the Senator from Montana McKellar Stewart Young would vote "nay." Thye and share our long tradition of self­ Malone government. Alaska has a larger popu­ The Senator from New Jersey [Mr. NAYS-29 SMITH], who is necessarily absent, and lation and a stronger economic base than Barkley Hoey Morse did many of our present States when the Senator from Wyoming [Mr. RoBERT­ Chavez Johnson, Colo. O'Conor soN], who is absent on official business, Connally Johnston, S.C. Peppe·r they were admitted to the Union. It has are paired with the Senator from New Ellender Kilgore Sparkman had Territorial government for more Fulbright Langer Stennis than 35 years, surely a sufficient period York [Mr. WAGNER]. If present and George Lucas Thomas, Okla. voting, the Senator from New Jersey Green McFarland Thomas, Utah of preparation for its admission as a and the Senator from Wyoming would Hatch McGrath Tydings State. · Hayden McMahon Umstead I believe, therefore, that we should vote "yea," and the Senator from New Hill Magnuson York would vote ''nay." admit Alaska to statehood at the earli­ The Senator from New Jersey [Mr. NOT VOTING-19 est possible date, and I urge the· Con­ Bushfleld Murray Taft gress to enact the necessary legislation. HAWKES], who is necessarily absent, and Hawkes Myers Taylor the Senator from Wisconsin [Mr. Jenner O'Daniel Wagner I am pleased to note that the Commit­ WILEY], who is absent on official busi­ McCarran O'Mahoney Watkins tee on Public Lands of the House of ness, are paired with the Senator from McCarthy Reed · Wiley Representatives has unanimously rec­ Martin· Robertson, Wyo. ommended such legislation. Pennsylvania [Mr. MYERS]. If present Maybank Smith and voting, the Senator from New Jer­ It is important to remember that after sey and the Senator from Wisconsin The PRESIDENT pro tempore. On the Congress acts, it will still be neces­ would vote "yea," and the Senator from this vote the yeas are 47; the nays are sary to hold a constitutional convention, Pennsylvania would vote "nay." 29. Two-thirds of the Senate not having draft a constitution, and submit it to Mr. LUCAS. I announce that the voted in the affirmative, the bill on re­ the voters for approval before statehood Senator from South Carolina [Mr. MAY­ consideration is not passed. is achieved. Since these steps wm re­ BANK], the Senator from Montana [Mr. LEAVE Of ABSENCE quire at least a year, they should be MuRRAY], and the Senator from Texas started as soon as possible. Mr. BALDWIN asked and obtained Statehood will bring many advantages [Mr. O'DANIEL] are absent by leave of consent to be absent from the Senate the Senate. to the people of Alaska. Most impor­ The Senator from Pennsylvania [Mr. for the remainder of the afternoon, by tant, it will give them a much greater MYERsJ and the Senator from Wyoming reason of being chairman of a subcom­ opportunity to manage their own affairs; mittee of the Committee on Post Office they will have the benefits of 1ocal free- [Mr. O'MAHONEY] are absent on public and Civil Service. business~ · - dom and initiative inherent in our sys­ The Senator from Nevada [Mr. McCAR­ - MESSAGE FROM THE PRESIDENT tem of democratic government. They RAN]; the Senator from Idaho [Mr. TAY..; Messages in writing from the Presi­ will be able to put into effeet much more LOR], and the Senator from New York dent of the United States were com­ fully their own concept of the unified ·de­ [Mr. WAGNER] are necessarily absent. municated to the Senate by Mr. Miller, velopment of all the resources of their On this vote the Senator from Mon­ one of his secretaries. vast territory. tana [Mr. MURRAY] is paired with the In addition, when Alaska is a State, its Senator from Ohio [Mr. TAFT] and STATEHOOD FOR ALASKA- MESSAGE people wiU be able to do much for them­ the Senator from Pennsylvania [Mr. FROM THE PRESIDENT (S. DOC. NO. selves which they now find difficult or MARTIN]. If present and voting, the 159) impossible. For example, through their . Senator from Montana would vote "nay,'' The PRESIDENT pro tempore laid be­ State government a sound, modern . tax and the Senators from Ohio and Penn­ fore the Senate the following message structure can be established to replace sylvania would vote "yea." from the President of 'the United States, the present obsolete and inadequate sys- "!'he Senator from Pennsylvania [Mr. which was referred to the Committee on . tern prescribed 35 years and more ago by MYERS] is paired. on this vote with the Interior and Insular Affairs and ordered the· Federal Government. Alaskans will ~ Senator from New Jersey [Mr. HAWKES] to be printed: also. be able to provide more adequately and the Senator from Wisconsin [Mr. for education and health, problems which WILEY]. If present and voting, ~)J.e Sen­ To the Congress of the United States: are especially difficult under frontier ator from Pennsylvania would vote Alaska is our last great frontier area, conditions. "nay," and the Senators from New Jer­ and has the capacity to provide new op­ Moreover, statehood will permit Alas­ sey and Wisconsin would vote "yea." portunities for many thousands of our kans to take a greater part in the affairs The Senator from Wyoming . [Mr. citizens. It contains known resources of of the Nation. Through voting repre­ O'MAHONEY] is paired on this vote with food, timber, and minerals of great value sentation in the Congress and participa­ the Senator from Indiana [Mr. JENNER] to the national economy, and may have tion in national elections, they will have and the Senator from Utah [Mr. WAT· much greater resources as yet undis­ a direct voice in national decisions. At KINS]. If present and voting, the Sen­ covered. the same time, as a State Alaska will ator from Wyoming would vote "nay,', It is in the Nation's interest, therefore, participate fully in many national pro­ and the Senators from !~diana and Utah for the Government to the bal­ grams, such as the Federal-aid highway would vote "yea." anced development of Alaskan resources program, which are now withheld unless On this vote the Senator from New and to help open economic opportunities special legislation is passed. York [Mr. WAGNER] is paired with the on a sound long-term basis. I am recom­ While statehood is a wise and neces­ Senator from Wyoming [Mr. RoBERT­ mending in this message a number of ac­ sary step, certain other immediate ac­ SON] and the Senator from New Jer­ tions which will contribute to these pur­ tions should also be taken, if Alaskans sey [Mr. SMITHL If present and voting, poses. are to achieve steady and balanced in­ the Senator from New York would vote Since. Alaska became . part of . the dustrial, agricultural, and community "nay," and the Senators from Wyoming United States 80 years ago, a certain growth. and New Jersey would vote "yea." amount of development has taken place. 2. Improving the transportation sys­ The yeas and nays resulted-yeas 47, A number of industries, principally fish- · tem: In many respects, Alaska is still a nays 29, as follows: eries and mining, have been established, pioneer land, and one of the principal YEAS-47 although unfortunately they have fol­ problems is that of developing a satis- Aiken Butler Downey lowed too largely the pattern of absentee factory transportation system. The. Baldwin Byrd Dworshak Territory is about one-fifth the size of Ball Cain Eastland ownership and exploitation. During the Brewster Capehart Ecton recent war, when the strategic impor­ the United States, yet has less highway Bricker Capper Ferguson tance of Alaska became obvious, a num­ or railroad mileage than many of our Bridges Cooper Flanders It Brooks Cordon Gurney ber of extensive military installations sina!ler States. is a country of vast Buck Donnell Hickenlooper were built or started there. · distances, sparsely settled, which · to- 1948 CONGRESSIONAL RECORD-SENATE 6265 gether with difficult weather conditions This bar does not apply between any of 3. Constructing housing and commu­ a.nd terrain creates unique transporta-. our States, and there is no .reason thus nity facilities: Another problem facing tion problems. to discriminate against Alaska. Fur­ Alaskans and the Government in estab­ Under these circumstances, the Fed­ thermore, Canadian ships should be per­ lishing proper conditions for further eral Government has a special responsi­ mitted to transport passengers and settlement and development is that of bility to help in improving the transpor­ freight between Alaska ports, in order to constructing badly needed housing ·and tation system. Traditionally, the Gov­ provide more adequate service. These community facilities. The towns and ernment has aided the development of recommenqations are also in accord with cities of Alaska have grown so rapidly transportation in frontier areas. From the mutual interest which we will con­ in recent years that the lack of those the standpoint both of military and ci­ tinue to have with our Canadian neigh­ facilities is causing considerable hard­ viiian development, much needs· to be bors in the development of the great ship now and constitutes a serious bar done immediately to improve transpor­ northwest territory of this continent. to further growth. tation in Alaska. Another factor hampering transpor­ To assist the construction of schools, Nearly all the frE;!ight and many of the tation is that in several Alaskan ports, hospitals, and community facilities, such passengers carried between the States docking and storage facilities are in­ as water, sewers, streets, and electric ' and Alaska move by sea. The only ac­ sufficient. Some ports are now being services, I recommend that special legis­ cess by Ian<~ is over the Alaska Highway, developed and others are being studied lation be enacted to permit the Federal built during the war, largely through by the Navy, the Corps of Engineers, and Works Administrator to provide such Canadian territory. the Coast GU:ard to determine the extent facilities and transfer them to the Ter­ Shipping services between Alaska and and nature of local improvements needed. ritory and its municipa;Iities upon terms the States are not now easily provided A number of private construction proj­ which will assure a proper sharing of the on an economical and regular basis, nor ects are awaiting the completion of these cost. It is necessary and proper tor the will they be for some time t9 come. reports. Government to assist in providing the Weather conditions are difficult, ade­ Land transportation in Alaska is pro­ elementary facilities necessary for sani­ quate ports are few ·and scattered, and vided principally by the Government­ tation, health, and education. traffic is very unbalanced at different owned Alaska Railroad and the present The Territorial government and Alas­ seasons. As a result, rates have been · inadequate highway network. The 1949 kan communities face difficulty in high and service somewhat unsatisfac­ budget now before the Congress includes financing these facilities because of the tory to th& Territory. A new develop­ funds for carrying forward a 5-year pro­ fnadequate financial structure imposed ment has recently taken place in the gram of rehabilitation and improvement by the present Federal law. In particu­ establishment of barge. transportation, for the railroad. Upon reconsidering the lar, the Territory and the municipalities which seems to offer possibilities for. urgency of these improvements and the are unnecessarily hampered in obtain­ competition with the steal}lship services, possible rate of construction I now rec- ing funds for community aevelopment . although at present barges only operate . ommend that this program be acceler­ EVen in advance of statehood, I recom­ to a few ports. ated, in order to accomplish most of the mend.that these restriction~ be removed, The Government has recognized that work within 3 years.· so that Alaskans -may do as much as .in view of the sp·ecial need for effective There is also pending before the Con­ possible to obtain their own facilities and sea transportation, assistance should be .gress a long-range program for improv­ may carry their proper share of the cost given to the development of efficient low­ ing the present highway system · and of construction under the Federal pro­ cost service, for the best interests of buildipg some important new roads. I gram I have recommended. Alaska and the Nation as a whole. As­ shall shortly submit supplemental esti­ · In addition to the hospitals to be pro­ sistance ·should.be provided that will en­ mates to accelerate this program, as well vided under this proposed legislation, courage the establishment of new in­ as the railroad program. special provision should be made for hos­ dustries in Alaska and consequent mi­ In addition to these improvements of - pital facilities for tubercular patients, as gration and settlement. At the same the highways in Alaska, it is important the rate of tuberculosis in Alaska 1s time Government assistance should be also to ..consider the roads through Can­ about nine times that of the rest of the directed toward the ·establishment of a ada. The Canadian Government has United States. The 1949 budget and a sea transportation system which will be­ done an excellent job in maintaining the supplemental request fo·r funds which come independent of Government sub­ main Alaska highway, and it is being I shall shortly submit to the Congress sidy as conditions permit. To thi~ end used increasinttly by truckers and tour­ provide for a substantial increase in the the Government should audit the effi­ ists. The so-called Haines CUt-off available number of beds for tubercular ciency of subsidized operators as well as Road is an important link connecting patients. control the rates. southeastern Alaska at the head of the The housing problem in Alaska is ex­ Present legislation permits nominal-· inland passage with the Alaska highway tremely acute. In spite of the rapid rate charters . of surplus Government­ in the Yukon Territory of Canada. Since increase in popplation during and since owned vessels to private operators. It this road is of importance to the United the war, there has been very little resi­ is apparent that this type of Government States, but is so located as to be of less dential construction. This situation re­ aid is sufficient to keep shipping in the use to Can'ada, special arrangements will sults from a number of special circum­ Alaska trade and can be administered to have to be made for its improvement and stances, including the limited residential achieve even more desirable rate -and maintenance. building industry, the shortage of funds :Service standards than :Pave been pro-. Because of the great distances and for home financing, the high cost of vided since the present legislation was sparse settlement of Alaska, air trans­ building materials transported from the approved in March 1947. I recommend, portation has developed rapidly. Both States, and special land and utility therefore, that the present legislation be large-scale air lines and small-scale problems. extended, in modified form, for 1 year. "bush pilots" operate extensively through Many of the actions recommended in The modifications should prevent ex­ the Territory and often provide the only this message will assist in removing these clusive arrangements with any carriers direct link between town and settle­ obstacles. Thus,. the improvement of and should provide financial incentives ments. It is especially important there­ transportation, the provision of commu­ for efficient operations. The Maritime fore that air transportation be en­ nity facilities, and the modification of Commission has presented these recom­ couraged. the public-land laws will all aid the de­ mendations in detail to the Congress. The 1949 budget, now }Jending before velopment of the home-building industry. The Commission will also change its the Congress, includes funds for the im­ In addition to these measures, I rec­ present. contractual arrangements with provement of air-navigation facilities in ommend that special financial terms for the Alaska carriers along similar lines. Alaska. In addition, I am glad to note home constructi-on be provided under ex­ At the same time, because of the unique that the Congress has just completed isting programs of aid to private housing. transportation conditions eXisting in action on legislation for the construction The n·eed for such special treatment of Alaska, I recommend that our maritime of new airports at Fairbanks and An­ Alaska problems has already been recog­ .Jaws be amended to remove the present chorage, where the present civil airports. nized in some of our present housing leg­ bar to shipping goods in bond between have become obsolete largely as a result islation. Furthermore, I recommend the United States and Alaska via Ca­ of the establishment of military airpJrts that special development funds should nadian rail,·port, and shipping facilities. close by. be made available on a revolving-fund CONGRESSIONAL RECORD-SENATE MAY,21 loan basis, in order to encourage imme­ and sound development of industry, agri­ concerning the farming methods, crops, diate construction. culture, and stable community life. and marketing systems best adapted to · 4. Lands for natives: A special legal These actions will establish a proper the special conditions of Alaska weather problem is at present hampering the de­ framework within which individuals and and soil. Several additional areas seem velopment of Alaska. This is the ques­ private companies can use the abundant to offer good opportunities for farming, tion of whether or not Alaska natives natural resources of Alaska. and the Agriculture and Interior Depart­ have claims to the ownership of certain Until now the principal industries ments are conducting detailed studies of ·. lands. Until this problem is settled, it have been gold mining and salmon fish­ them this summer: Furthermore, the will continue to create some question ing and canning. Substantial" expansion Agricultural Experiment Station in concerning the title to land needed by of these industries under present condi­ Alaska is expanding its program of inves­ individuals and companies for develop­ tions is unlikely., tigating crop and livestock possibilities. ment in many parts of the Territory, There are, however, numerous other It will necessarily be a slow process to including the national forests. promising opportunities for economic develop further agricultural areas on a The determination of native claims development. Many minerals, . other sound basts. Nevertheless, I believe that under existing law would require a con­ than gold, including · such scarce min­ considerable expansion of agriculture siderable period. of time. In the interest erals as lead and zinc, have been lo­ will be possible, and it is certainly desir­ of the development of Alaska, and for cated, although most of the Territory able for the Government to support agri­ the benefit of all concerned, I recom-· has not been thoroughly prospected. It. cultural settlement so that Alaska can mend that the Congress authorize the can be expected, therefore, that the become less dependent on imported food. Secretary of the Interior to grant to the mining industry will continue to grow All these opportunities are now present natives their village sites and burial for many years. Funds have been in­ or potential. With imagination and grounds, and such lands and hunting and cluded in the 1949 budget for an expan­ far-seeing effort by the people of Alaska fishing rights as are necessary for their sion of mineral exploration and the es­ and the Government, the resources of economic livelihood, with due regard for tablishment of a Bureau of Mines lab­ Alaska can play a growing role in our the integrity of the national forests, pro­ oratory in Alaska, both of which will be national economy and can provide a vided that the natives waive claims to important aids to new development. sound livelihood for the people now there any additional lands. In addition, the While salmon fishing and canning-are and many thousands who will join them. Congress should extinguish by law any fairly stable, and are necessarily oper­ In the long view, the most important rights which the natives might have to ating under careful conservation stand­ action the Government can take to other public lands. At the same time, the ards, there are possibilities for new fish­ assure this end is to permit Alaska to natives who do n9t accept such _grants eries of different types. become a State. With the additional should, of course, be free to assert claims Sources of energy are basic elements measures I have recommended, there is against the Government in a proper in economic developments. Oil and coal, every reason to foresee a strong and ex­ court with respect to any asserted rights the present main sources of energy, are panding population of permanent resi­ lost by such extinguishment. These ac­ being shipped to Alaska. It is extremely dents, and to expect that the State of tio-ns would clear title to the land granted important to develop more power Alaska will be a strong partner in our and all other land and permit industrial sources within the Territory. Consider­ great Union of States. · · and agricultural development to go for­ able coal is now mined there, with sub- . HARRY S. TRUMAN. ward. stantial possibilities for more. There are THE WHITE HOUSE, May 21, 1948. I believe that this will be the fairest also oil deposits. and most expeditious method for settling In addition, there are numerous poten­ TRANSACTION OF ROUTINE BUSINESS this long-standing problem. tial hydroelectric power sites, although By unanimous consent, the following 5. Encouraging land settlement: An­ few of them have been sufficiently studied routine business was transacted: other step which should be taken to im­ to prepare detailed construction plans. prove the opportunities for industrial, These power sites should be studied as RATES OF PAY FOR CERTAIN POSITIONS agricultural, and community develop­ rapidly as possible in order that power AT FIELD INSTALLATIONS OF VET­ ment in Alaska is to improve our laws development can proceed promptfy. ERANS' ADMINISTRATION concerning the disposal of public land. In southeastern Alaska, and to a lesser The PRESIDENT pro tempore laid be­ More than 95 percent of the land area extent elsewhere, extensive timber re­ fore the Senate a letter from the Ad­ of Alaska is now ip the public domain. sources are available which can, when ministrator, Veterans' Administration, It can ·be settled, and is being settled, accompanied by suitable power develop­ transmitting a draft of proposed legis­ under the present public-land laws. But ment, be the foundation for substantial lation to authorize the Administrator of those laws should be amended to take forest-products industries. The most Veterans' 4ffairs to prescribe the rates account of unique conditions in the Ter­ promising opportunities at :r:resent ap­ of pay for certain positions at field in­ ritory. pear to be in establishing pulp and paper stallations which, with accompanying Because of the isolated nature of the mills in the Tongass National Forest, papers, was referred to the Committee new farming and industrial areas which where timber sales are available to pri­ on Labor and Public Welfare. will be opened, and oLthe peculiar con­ vate companies on a sustained yield basis. ditions found there, I recommend that There are also many opportunities to PETITIONS AND MEMORIALS legislation be enacted to permit land set­ produce construction materials, such as Petitions, etc., · were laid before the tlement on a group Lasis, in tracts of a cement, brick, and lumber. Most of these Senate and referred as indicated: size and shape appropriate to the ter­ materials are now being transported at By the PRESIDENT pro tempore: rain, and to permit homesteaders to live high cost over long distances, and the A resolution adopted by the mayor and in communities rather than in isolated production in Alaska will be of great Board of Aldermen of Lexington, Tenn., fa. farm houses, where appropriate. Fur­ value to home building and other con­ voring an appropriation of $4,000,000 for thermore, I recommend that the Con­ struction industries. construction of a steam plant at Johnson­ ville, Tenn.; to the Committee on Appropria­ gress authorize appropriate technical In addition, there are extensive oppor­ tions. and financial assistance for settlement tunities for tourists and sportsmen to Resolutions adopted by the Connecticut and development. Together with neces­ enjoy the spectacular scenery and un.:. Federation of Women's Clubs, Inc., Orange, sary administrative changes to improve spoiled wilderness of Alaska. With im­ Conn., favoring strengthening of the United the handling of land applications and provements in highway, water, and air Nations' Charter by an amendment provid­ funds necessary to permit speedier sur­ transportation there will be an increas­ ing a federal world government for the veying of land areas, I believe these ac­ ing stream of visito:rs. Many economic maintenance of peace; to the Committee on tions will permit easier and more rapid opportunities will be present to provide Foreign Relations. settlement in Alaska. accommodations and other services for A resolution adopted by the Pennsylvania Grocers Association in convention assembled All of the recommendations I · have such visitors. at Philadelphia, Pa., protesting against the made concerning statehood, transporta­ Another important possibility for eco­ imposition of impost taxes, license fees, un­ tion, housing, and community facilities, nomic development is that of agrjculture. necessary regulations, and color restrictions, lands for natives, and land settlement Only small areas are now being farmed, either local, State, or Federal, on oleomar· are designed to make possible the early ~nd our knowledge is . very incomplete ~arine; .to the Committee on Finance. 1948 - CONGRESSIONAL RECORD-SENATE 6267

REPOR~S 0? COMMITTEES ration sole; without amendment (Rept. No. elusive of the Farm Credit Administra­ The following reports of committees 1379); tion) for the fiscal year ending June 30, were submitted: H. R 6209 A blll to amend an act entitled 1949, and for other purposes, which was "An act to incorporate the Protestant Epis­ ordered to lie on the table and to be By Mr. WHITE, from ~he Committee on copal Cathedral Foundation of the District of Interstate and Foreign Commerce: Columbia," approved January 6, 1893, as printed, as follows: H. R. 4112. A · bill to provide for the amended; without amendment (Rept. No. On page 63, line 14, after the word "news­ acceptance and use of funds for support of 1380); papers", change the period to a comma and the national weather service supplementing H. J. Res. 379. Joint resolution to provide add the following: "together with the unob­ the funds appropriated for the operation of for maintenance of public order and the pro­ ligated balance of the appropriation for this the Weather Bureau of the Department of tection of life and property in connection purpose for :fiscal year 1948, which shall be Commerce; without amendment (Rept .. No. with the Presidential inaugural ceremonies of available to complete the orderly liquidation 1367); 1949; without amendments (Rept. No. 1384); of the 1947 and prior crop year programs." H. R. 4393. A bill to provide for the· dis­ H. J. Res. 380. Joint resolution authorizing · tribution, promotion, separation, and retire­ the granting of permits to the Committee on Mr. WHERRY submitted two amend­ ment of commissioned officers of the Coast Inaugural Ceremonies on the occasion of the ments intended to be proposed by him to and Geodetic Survey, and for other pur­ inauguration of the President-elect in Jan­ the bill for the fiscal year ending June the Weather Bureau, and for other purposes;. for the quartering, in certain public build­ 30, 1949, and for other purposes, which without amendment (Rept. No. 1369); ings in the District of Columbia, of troops .H. R. 4427. A "Pill to provide basic author-. participating in the inaugural ceremonies of were ordered to lie on the table and to be ity for the performance of certain functions 1949; without amendment (Rept. No. 1382). printed, as follows: and activities of the Department of Com­ By Mr. MILLIKIN, from the Committee on On page. 43, line 22, insert after "$6,000,000" merce, and for other purposes; without Finance: the following: "of which $2,070,500 shall be amendment (Rept. No. 1370); H. J. Res. 395. Joint resolution to extend available for preliminary examinations and H . R. 4804. A bill to allow service· credit surveys, and." for certain enlisted men of the Coast Guard the time for the release, free of estate and gift tax, of powers of appointment; with On page 43, line 22, strike out "$6,000,000" who acted as policemen and guards at the and insert in lieu thereof "$6,475,000." Ivigtut Cryolite Mine, Greenland, during amendments (Rept. No. 1383). 1940 and 1941; without amendment (Rept. REPORT ON DISPOSITION OF EXECUTIVE Mr. STEWART submitted an amend­ No. 1371): and . PAPERS ment intended to be proposed by him to H. R. 4817. A bill to amend the' act of July the bill for the fiscal year ending June terstate and Foreign Commerce: of records transmitted to the Senate by 30, 1949, and for other purposes, which H. R. 3730. A bill to amend section 20 (12) was ordered to lie on the table and to be of the Interstate Commerce Act, with respect ·the Archivist of the United States that to recourse, by an initial or delivering car­ appeared to have no permanent value or printed, as follows: rier, a'gainst the carrier on whose line loss historical interest, submitted a report Page 52, line 15, strike out the :figure of, or damage, or in.jury to, property is sus­ thereon pursuant to law. "$65,000,000" and insert in lieu thereof the tained, on account of expense incurred in figure "$100,000,000." defending actions at law; without amend- BILLS AND JOINT RESOLUTION ment (Rept. No. 1373). · INTRODUCED HOUSE CONCURRENT RESOLUTION By Mr. BUTLER, from the Committee on Bills and a joint resolution were intro­ REFERRED Interior and InsUlar Affairs: duced, read the first time, and, by unani­ The concurrent resolution man bill