11980 EXTENSIONS OF REMARKS April 10., 1972

Berk, Clarence G ., 21~34-2835. Gooding, Thomas L., 249-68-2988. De Haan, Peter, 072-38-3204. Breland, Marshall W . Jr., 249-68-2802. Gordon, Wllliam N., 212-48-6513. Dent, James H., 404-60-6013. Brown, Allen W., Jr., 096-22-2420. Grimm, Michael C., 552-72-8538. Devine, John F., 388-42-7284. Ceria, PaulK., 178-32-0517. Hall, William K., 525-96-6309. Donald, James E., 587-09-4190. Cornine, Lance R., 218-34-8433. Hamre, Larry H., 469-54--5190. Dorr, Kevin L., 279-38-8092. Cuartas, Francisco 1., 392-5~5613. Hancock, Dexter V., 081-36-6932. Edwards, John R., 529-60-4823. Fayard, Marshall J., 427-72-8209. Hart, Louis H., 251-76-4843. Ermol~ , John D., 423-62-0915. Feight, James W., 195-2~2286. Hawks, Steve E ., 447-42-2350. Evans, Joseph~ 'l\ll., 538-44-()566. Foore, Larry L., 285-3Q-1053. Higgins, John A., 543-48-1237. Ewing, Mark W., 47~52-8250. Fredrick, Bruce L., 302-34--4497. Howes, Alfred Jr., 236-6~146. Ezell, Robert B., 228-5~816. Frierson, George W., 428-54-7837. Ireland, James W., Jr., 315-44-8370. Ferguson, Warner T. Jr., 223-68-8236. Glick, David D., 214-32-4456. James, Kenneth D., 538-42-6214. Gossom, Woodrow W. Jr., 467-68-8631. Hahn, Robert L., 308-34-0309. Johnson, Nicki L., 466-66-2374. Hennings, Richard W., 26~0-5073. Hamlette, John J., Jr., 228-5Q-2759. Jordan, Samuel Jr., 261-64-0993. Kealey, James F., 022-30-4689. Harvey, Floyd D., 235-54-3:587. Kawakami, Clyde K., 576-38-9350. Kerrigan, John R., 212-48-1812. Huston, Mary H., 253-62-3452. Kernodle, Joseph W., 239-72-7243. Kling, David M., 377-46-6186. Johnson, Lewis, 267--54-7977. Kirk, Johnny L., 52~56-2586. Lawson, Harlan A., 492-48- 2159. Lindsay, Lawrence F., 263-52-2872. Koehler, Walter L., 131-3()-3114. Lenz, John W., 361-38-7526. Livingstone, Bruce L., 531-2o-5275. Langone, Wllliam J., 01~32-2453. Lllly, Albert J., II, 444-5Q-8226. Machado, Joseph A., 027-28-0501. Lawson, Marvin A., 188-34-9299. Long, Scott C., 22~64-8841. McCombs, W1llis C., 490-38-9116. Lynch, Harold F., 226-60-6315. Lord, Harold W. Jr., 155-3~7484. McLemore, Melvin J., 419-46-5121. Marks, Virginia L., 45o-8Q-5859. Lynskey, Gary L., 518-54-9178. Mlller, Sharon L., 510-44-8411. McCoy, James P., 194-34-2388. McCarron, Francis P., 265-78-8721. Neiman, Kenneth G., 193-3Q-2163. Mcintyre, Kendall K,, 001-28-9623. O ' Brien, John C., Jr., 146-38-6100. Onne, Joseph, 057-32-8445. Merritt, William L ., 479-6Q-5777. Ortman, Gregory P., 486-48-8939. Rook, Joseph J., Jr., 115-34-2130. Morgan, David R., 504-40-3536. Pekny, Wllliam M., 329-38-3433. Stein, Walter J., Jr., 287-32-7437. Murnane, Michael J., 577--5~7494. Rosenblatt, Simon J., 262-92-7464. Tapscott, Donald A., 227-48-8461. Nichols, Dean H., 558-54-5243. Rowley, Cleveland M., 260-72-8365. Wood, Wllliam M., 248-64-1643. North, Kenneth T., 408-72-4868. Stewart, Walter L., 250-8~938. Pearson, David W., 471-46-5855. To be first lieutenant The following-named distinguished m111- Pettit, Ronald B., 440-42-0690. tary student for appointment in the Regular Allen, Richard G., 46~5~7368. Pierce, John W., 260-62-5868. Army of the United States, in the grade of Angus, James W., Jr., 534-42-6454. Pistana, Robert R., 111-4Q-8104. second lieutenant, under provisions of title Auerbach, Steven L., 115-36-8440. Pugh, Homer H., Jr., 281-4Q-1399. 10, United States Code, sections 2106, 3283, Bandel, Raymond L., 510-48-7074. Quinn, Dennis F., 144-34.-Q491. 3284, 3286, 3287, .3288, and 3290: Barrett, DanielL., 111-30-1053. Ramlck, Thomas E., 217-44-7559. Vaupel, Lawrence E., 320-40-2392. Bearce, Gerald R., 004-34-2214. Raschke, Phlllip E., 558-54-2100. Bent, Gary D., 26~58-5165. Renn, Gregory A., 26~Q-5429. Black, John H., 521--54-9452. Rexford, Joel E., 130-3~876. Branch, Gerald D., 292-42-2284. Richey, David L., 381-46-0736. CONFIRMATIONS Brown, Eric B., 272-40-0712. Roles, Lewis L., 442-38-9406. Executive nominations confirmed by Brown, Thomas P., Jr., 237-7Q-6717. Ross, GlennS., 325-38-5477. Bunch, Ronald C., 197-32-4384. Ross, Robert G., Jr., 25.8-68-1783. the Senate AprillO, 1972: Burrell, Ralph, 329-3~3654. Shanahan, Michael K., 375-48-0217. CEN:t'RAL INTELLIGENCE AGENCY Bushong, Richard H., 429-84-5004. Small, Robert J. H., 447-42-5545. The following-named officer, under the Butler, Wlllla.m W., 217-5o-3404. Smith, Edward S., 519-52-4754. provisions of title 50, United States Code sec­ Chllds, EdWard M., 009-32-3137. Snider, William M. II, 225-58-1252. tion 403, for appointment a:s Deputy Direc­ Clemens, Judd L., 181-32-8932. Sowa, Alexander P., 078-36-2861. tor, Central Intell1gence Agency, a position Conway, Jack D., 539-4o-0098. Stubbs, Fred J., 45Q-52-4378. of importance and responsib111ty designated Cook, James T., 128-3~33. Tanaka, Robert Y., 519--52-4849. by the President under the provisions of title Oolllns, Wllliam P., 38o-40-1088. Turman, Wllliam E., 258-72-0816. 10, United States Code, subsection (a) of Costello, Joseph A., Jr., 154-40-7959. Umble, Robert G., 266-62-9699. section 3066, in grade of Ueutenant general: Cox, Everett F., 027-32-4831. Vanzant, James W., 258-52-4952. Maj. Gen. Vernon Anthony Walters, 065- Craig, Larry B., 494-46-2168. Vogt, Robert V., 196-34-5740. 09-5317, U.S. Army. Cronin, Daniel F., 151-32-0507. Voris, Stephen M., 310-42-0001. U.S. ARMY Culley, Wllllam F., Jr., 223-64-1692. Watt, Donald H. Jr., 013-40-6872. Cumnilngs, Charles G., 213-36--5691. West, Robert M. Jr., 408-68-3212. The following-named officer under the pro­ Daniels, Jerry W., 113-3Q-1946. Wlller, Clinton W., 237-74-6987. visions of title 10, United States Code, sec­ Deery, Patrick D., 234-68-2721: Wion, Edward J., 489-46-1548. tion 3066, to be assigned to a position of im­ Densberger, Wllllam J., 158-34-7893. Witte, James E., 298-34-6663. portance and responsib111ty designated by Devine, Frank E., 522-48-1396. Wright, James M., 457-74-5116. the President under subsection (a) of section 3066, in grade of lieutenant general: Dingbaum, Herbert H., 352-40--5429. To be second lieutenant Elders, James F ., 253--58-0001. Maj. Gen. George Edward Pickett, 577-54- Anderson, John E., 050-38-7874. Engel, Joseph J., 1~32-1629. 0390, U.S. Army. · Arlall, Julius F., 252-64-8607. Esposito, Anthony L., 092-32-1050. ACTION Batcheller, James, Olo-34-1484. Ford, Carl W., Jr., 430-74-6174. Walter Charles Howe, of Washington, to Beaty, Helen C., 532-44-2211. Fortenberry, Cleveland, 527-42-9591. be Deputy Director of Action. Billings, Joseph G., 214-48-1338. Fouts, Leroy K., Jr., 143-34-8625. Brown, James A., 314-46- 5936. IN THE MARINE CORPS Franson, David C., 549-68-9952. Bryan, Wllllam H. Jr., 258-7~906. The nominations beginning Jesse L. Alt­ Fusco, Robert A., 047-3~1919. Buckley, Robert P ., 521-68-9102. man, Jr., to be lieutenant colonel, and end­ Gardner, Mary K., 513-54-9277. Chavers, Stephen R., 465-84-8940. ing Wllliam E. Zales, Jr., to be 1st lieutenant, G~ttis, Thomas T., 414-62-1059. Cooksey, Daniel P., 406-62-7900. which nominations were received by the Sen­ Gehm, Laverne J., 359-36-7646. Dandridge, Wayne L., 247-74-2486. ate and appeared in the Congressional Record Geloso, Peter J., 5()()-46-4874. Day, Charles E., III, 171-34-6427. on Mar. 28, 1972.

EXTENSIONS OF REMARKS EMBARGO LIFT.ED ON IMPORTA­ 27 contains an excellent editorial on the which resulted in the resumption of TION OF RHODESIAN CHROME lifting of the embargo on importation of chrome imports from Rhodesia. ORE Rhodesian chrome and the· reaction to I ask unanimous consent that the edi­ this change in policy. torial, entitled "Fun and Games," be HON. HARRY F. BYRD, JR. The editorial rightly points out that printed in the Extensions of Remarks. the chief beneficiary of the embargo was There being no objection, the editorial OF VIRGINIA the Soviet Union, which became the pri­ lN THE SENATE OF THE UNITED STATES was ordered to be printed in the RECORD, mary supplier of chrome qre to the as follows: Monday, April 10, 1972 United States. It was to end our depend- · FUN AND GAMES Mr. HARRY F. BYRD, JR. Mr. Prest­ ence upon Russia for this strategic ma­ It is not quite accurate to say, as some - dent, the Wall Street Journal of March terial that I sponsored the legt~tion do, that nations that trade commercial April 10, 1972 E-X-TENSION~ OF 'REMARKS products are unlikely to trade insults and for the many more good deeds which time in conjnnction with civic nndertak-· blows. History can ·· point to a.ggressive trad­ have made a more lasting impression on ings as well as political. I think it ·only ing nations that were aggressor nations also. our country. The editorial follows: fitting that the West Texas Chamber of Nevertheless, as the world slowly emerged from isolationism, it was generally acknowl­ . HucK FINN-HERE AND ABRoAD Commerce should recognize him and I edged that the lowering of trade barriers All modern American literature comes am pleased to include Dr. Nelson's pro­ represented a move toward economic liberal­ from one book ·by Mark Twain called Huckle­ file: ism and away from suspicion and mistrust. berry Finn.-=-EaNEST HEMINGWAY. WEsr TExAs PROFILES And it is also generally agreed that boycotts The puolic school system -in Indianapolis, As a general practitioner in Weatherford, and trade embargoes are largely h:~effective ,. Ind., has quietly dtopped "HueklebeJ;"ry Dr. Joe T. Nelson is a very busy man, but Somehow, though, we get the feeling thali Finn" lrom 'its recommended reading lists. always finds time to have an active part in those same explanations aren't supposed to An act of such timidity would -b'e 'E!asier to the professional, civic and governmental af­ apply to Rhodesia. Listening to th~ outcry understand if it were done because the book fairs of his city, state and nation. in certain circles whep. the adn).lni~tration advances the radical proposition that per­ Dr. Nelson has been an active member of agreed to allow Rhodesian chrqme into the haps a man has a higher duty. to .his private the West Texas _Chamber of Commerce for · u.s., a.{ter Congress enacted legislation last conscience and his fellow man than he owes . many years ~d is now Chairman of the year authorizing such a move despite United to either the laws of the land or the laws of WTCC National Affairs .Committee and a NQ.tions trade sanctions against Rhodesia, the church. · membeF- of the Board of Directors. He has one would have thought either t~t Rhodesia But- ft"'s more likely the book has- been .served on the National Affairs and .. State At­ was not of Planet Earth qr. "that all the ostracized in Indianapolls for some stupid · fairs Committees for 12 years, as well as serv­ weighty ·a.rguments on behalf · of broadened reason-its use of the word "nigger," for in­ ing three terms as vice president and two trade were now invalid. stance, in much the same way as one hears terms as a member of· the Executive com:. And now that the ore ' is landing in the it used in affectionate banter on the streets mi ttee-at-Large. u.s., t)lere are a number of signs to indicate today. Born in Munday, Texas, in 1923, Dr. Nelson that the Cause Crowd, which is ever alert Last week, Gene Shalit, book editor for attended North Texas State University :m to the latest political fashion, has singled out NBC-TV's "Today Show" asked a number of Denton and received his B. S. degree in 1948. Rhodesian chrome for the usual demonstra­ prominent authors and politicians which He graduated from Baylor University College tions, protests and agitation that we have all three books they would send to China to of Medicine in Houston ~n 1951. come to know if not love. give the Chinese people the kind of picture Active in both state and national medical · Far be it for us to try to put a damper on of America they would like the Chinese to associations, Dr. Nelson is currently servin:g this kind of fun and games. Still, it seems to have. It's not at all surprising that ''Huckle­ as Chairman of the Council on Medical Juris­ us that this is a perfect example of George berry Finn" was mentioned most. prudence of the Texas Medical Association; Santayana's description of fanaticism--de­ There. are many reasons to Uke Huck a · member of the Executive Board, and is scribed as redoubling your effort when you Finn-his warm and open heart, his decency, Vice Chairman of the Texas Delegation tQ have forgotten your aim. The aim of the UN the blazing honesty on which, for the best of the American Medical Association. He is boycott, as far as it's possible to tell, was reasons, he built the most outrageous lies. a director and chairman of ·the Insurance to help Rhodesia's blacks by showing dis­ It's too bad that Indianapolis children, who Committee of the SOuthern Medical Associa­ approval of Rhodesia's white supremacist some day will have to make the awesome tion in which he holds a. lifetime member.=- government. But all available evidence indi­ moral decisions demanded by so much of . ship; and in '!9'70, he received tlie Distin­ pates that it was precisely Rhodesia's blacks American life--the war being only one­ guished Service A ward from the association. who suffered most from even the limited may not be act}uainted wi~h Huck's pri­ He is a charter member of the Board of effects of the boycott. _ vate Gethsemane in the matter of the slave, Directors and Past Chairman of the TexaA About all that sanctions really did was aid Jim, whom he has tried his best to help tO.. Political Action Committee, TEXPAC co­ the Soviet Union at our expense, since soon run away. chairman of the 17th U.S. Congressional Dis­ after we barred Rhodesian chrome, Russia-- . For this act of compassion Huck is con­ trict, and Chairman of the Candidate Evalua.:. the only other major producer of the vital · vinced he will be consigned to hell's "ever­ tion Committee. He is als:> a nember of the ore-virtually doubled its price. Further­ lasting fires." Slavery was, after all, then Board ·of Directors of. the American Medical more, there is eVidence that the chrome we · the law of the land and his friend Jim, with Political Action Committee. imported from the USSR actually originated · whom he ;had sailed· the river, was property Dr. Nelson was named the Outstanding in Rhodesia. In which case Moscow was not whose theft God and "good" people surely Citizen of Weatherford in 1963; and received only surreptitiously defying the UN ban would punish. the WTC~ Award for Leadership in 1966. even as it piously demanded that everyone "I was a-trembling, because I'd got to He is a director of the ·Citizens. National else observe it, but its managers adopted decide, forever, betwixt two things, and I Bank in Weatherford. and a director of the the free market strategy of pricing the sup­ knowed it. I studied a minute, sort of hold­ Mutual Building & Loan Association of ply to meet demand. ing my breath, and then say to myself: Weatherford. He has served for 11 years as so while the u.s. decision to allow Rhod­ "All right, then I'll go to hell ... a member of North Texas State University esian chrome to be imported into the U.S. is "It was awful thoughts and awful words, Board of Regents, and is currently a mem.:. ' causing cluck-clucking among the Cause but they was said. And I let them stay said; ber of the Board of Regents of the University crowd. In fact it is saving Americans money and never thought no more abou~ reforming. of Texa.S System. · , and helping to insure an alternative supply I shoved the whole thing out of my head, Dr. Nelson is listed in Who's Who in the of a strategic metal. Furthermore, the deci­ and said I would take up wickedness again • . South and Southwest. · sion represents one small step in the direction which was in my line, being brung up to it, Mrs. Nelson is the former Varina LeBeau of of freer international trade. All in all, it and the other warn 't. And for a starter I Denton, and was married to· Dr. Nelson in strikes us as a pretty good deal all around. would go to work and steal Jim out of 1947. They are the parents of one daughter, L___ slavery again; and if I could think up any­ Renee, who is a student in Texas Chrlstia~ thing worse, I would do that, too; because University in Fort Worth. They are memberS I might as well go the 'whole hog." of Episcopal Ch~tch. · The children in Indianapolis could' do HUCK FINN-HERE AND ABROAD worse t)lan get to know this b.Qtnt where we can no ,longer defend' Unoer the permission heretofore [From- . tl~e ~Kr10xvii1e ·Journal. Mar. 1s, 19721 · our." vita,} n~tiol)al and international il)­ ~~nimously granted me I include with FAVORED DELEGATION tests "with confidence:" Furth.er, he· these·rentarks .the announcement of the projects that this decline will continue. I:t ·llas I1 of all fat ths has_· ¥en· formed tlon they have been exerting undue happened to relative Uniied States-So-:. tb s~k tlie enactment of' federal tax credit influence. . viet strategic missile forces · dining the~ Iegi~la~ion fo~: . pa.ren-ts of children in· non­ 1'be Peking delegation has ample pr~.v last 3 years. p\i b1ic; schools~ cedent. Russia, France and others long ago ... EsJiabltshment of the organization-Citi­ decided what assessments they would, pay~ and they have been getting away with it foJf z~s Relief. jor Education by Income Tax Opera- - Ope~ -· tinder tio~f~~ci ; (,C:R.J,!!D.I.T,) wa.s ai1l1ounced by its ofticers : many years. tional tional con- underr Ri.bbt Morrls Sherer, Agudath Israel of Amer- So it was playing follow-the-leader when.' January January struc- construe~~ _J..¢a, · Chairman; Dr. AI Senske, Lutheran Peking paid its initial $3 million partial pay­ 1969 1972 tion tion 1972 Church-Missou~i-Synod, Vice Chainna.n; ment. It has no intention of paying its share Mr. · Cary fotter, Na.tiona.l Association of In­ of certain special assessments, it said. These U.S.ICBM's ______1, 054 1, 054 0 1.054· . dependeht ·Schools, Vice Chairman; Reverend include debts left over from the peace-keep­ Soviet ICBM's __ . _ 950 1, 520 100 1,620 U.S. SLBM's __ ___ C~ Albert Koob, National Catholic -Education ing operations in the Congo and Middle East. 656 656 0 656 The Chinese also refuse to pay their share Soviet SLBM's ____ ·65 500 272 772 Association, Vice Chairman; Dr. Edward R. U.S. totaL ____ 1, 710 1, 710 0 1, 710 D'Alessio, United States Catholtc Conference, of. the costs of the U.N. Commission for the Soviet totaL ___ 1, 015 2, 010 532 2, 392 Treasurer; Mr. Ivan Zylstra, Naltiona.I Union Unification and Rehabilttation of Korea. of Christian Schools, Secretary. Long ago it was established that there is no The organization represented by the om­ penalty for refusal to pay special assess­ In the last 36 months the Soviet Union cers of C.R.ED.I.T. have a deep commitment ments. Members lose their voting privileges has almost doubled its inventory of land­ to nonpublic education. ~lr combined con­ only for failure to pay their regular dues. based and submarine-launched ballistic stituencies total approximately 5 000,000 chil­ It is a rule at the United Nations that em­ ployes of the organization leave their na­ missiles. The comparative U.S. forces re­ dren In schools operated und~ Protestants, main at exactly the same level where they Catholic, Jewish and private a.usptces. tional incltnations at the door and serve all members impartially. One of the fln:t acts of were frozen in 1967 by former SecreUirY The chief objecti_ve of C.R.ED.I.T. is to seek of Defense McNamara. The present ad­ en~me¥~ ' of legislation at the earliest pos­ the Peking delegation was a violation of this sible., dacte w:PJ.ch will provide a federal in­ rule, but it went unchall~:p.ged . The Peking ministration has no plans to add one come tax credit for a part of the nonpublic delegation called Chinese interpreters on the additional land- or sea-based missile to infor~ sc~ool tuition assumed b,.y parents of chil­ U.N. payroll together to them their our forces for at least 5 more years. dren in such schools. Numerous bills for loyalties belonged solely to Pektn'g. . Then, of course, there was the case of tlii Our agil\g strategic bom~er force has this purpose are now .pending in Con~ . . continued Its decline to a present level of .. All Americans have ample ~on to . be Nationalist Chinese newsmen Pekin~ lnststed "proud of the contribution which nonpublic be relieved of their credentials . .Th1S, w~ p.c~ 463 hea\TY jnd medium bombers. 'l'~e education has .made to our Nation" Rabbi compl1!;hed to the loud but so far ineffective Soviet Uruori currently has· &bout 90Q Sherer stated. "Financial inequities 'h.ave in­ objection of ,free newsmen from the United heavy ~rld. ~~ium bomber§ 6'iLpable Qf tetfered with the rights of parents to . edu­ states and elsewhere·. attacking the United States. fhe Soviets cate children in schools of their. choice". . . The PI:ecedents tb.e Chinese cieiegati'oii' a~~ ai"e now actively test-flying a new super­ "As a matter of justice and fairness to all", ready ,has '\\~Ung from th~ Un_ited Natiqns gll!:e . it sq\)lething of .favore~. . delegation sonic bomber which could be operationa.l he sald, "it is time that the government Uved in tire next 2 to 3 years while our new up to its responsibiUty to grant flnaliclal as­ ~tatl;J.s. Witb these suc~esses. behind it, fur­ sistance to realistically allow parents free­ ther _ pr~cedent-shattering demands can be bomber, the B-1, will not be joining our dom of choice in education. At the same time exp~cted. . strategic air arm in any n'umber until the C.R.ED.I.T. will embark on an educational This is a far different performance' from 1980's. campa.ign to demonstrate that federal in­ the meek entrance which received so much To complement their offensive striking come tax credits are · a constitutional means attention only a few months ago. . One of the major problems inherent in the power the Soviets have deployed the most of correcting the inequities suffered by non­ extensive integrated air defense network public school parents". he stated. United Nations structure is that it invites Rabbi Sherer said the C.R.ED.I.T. program all members on an equal footing but accepts in the history of the world. Today the "will strive to reaftirm the value of nonpublic from them widely different roles of respon- Soviet Union has six times as many fight­ schools in a pluralistic society and to stress sibillty. · er interceptors as the United States--in­ all pertinent concepts of parental rights in One place to stop such ·foolishness ts to cluding the world's fastest interceptor, education". reject the notion a new member can decide the Mig-23 Foxbat--20 times as many for itself how much of its assigned expenses surface-to-air missiles. and 25 times as . irt will accept. many radars, to protect a land ma.Ss only three times the size of ours. They possess CHINESE DELEGATION AT the world's only operational anti-ballistic UNITED NATIONS NATIONAL DEFENSE-THREE YEARS missile systems. While these formidable LATER SOviet strategic defenses raise increasing HON. JOHN J. DU~CAN doubts about the effective retaliatory OF TENNESSEE HON. JOHN G. SCHMITZ capability of whatever forces we might OF CALIFORNIA -retain after a surprise attack, our own IN THE HOUSE OF REPRESENTATIVES air defenses have been termed "virtually Monday, April 10, 1972 IN THE HOUSE OF-REPRESENTATIVES useless" by the House Armed Services Mr. DUNCAN. Mr. Speaker, since the Monday, April 10, 1972 Committee--see Newsletter 72-7. highly controversial approval of Chinese Mr. SCHMITZ. Mr. Speaker, Adm. Alm~t 1 year ago I reported on the membership into the United Nations, Thomas H. Moorer; Chairman of the sobering findings eontained in the sup.: April 10, 1!l'!! ~XTENSIONS OF REMARKS 11985 plemental report of the Blue Ribbon De­ only ask, with increasing urgency, why it civilian ller~eJ report of the Joint fense Panel, submitted to the President in is that, with all this information avail­ Committee oil Reduction of Federal October of i970, and then hushed UP­ able, nothing is being done about it here Expenditures: in Washington. Is it because the Ameri­ see Newsletter 71-18, 19, 20. Panel mem­ FEDERAL OiVi~N EMPLOYMENT, FEBRUARY bers concluded: can people will never accept merger in a 1972 If observable trends continue ... the U.S. world super-state so long as we remain Total clvntan employment In the Execu­ wlll become a second rate power incapable militarily capable of maintaining our na­ tive, Leglillitive and Judicial Branches of of assuring the future securtiy and freedom tional independence--and that some, the Federal &vernment in the month of of its people. therefore, are more than Willing to see February wa.s 2,868,086 as compared with Since this warning was issued, the that capability lost? 2,864,952 in the preceding month of Janu:. Soviet had added 270 additional ICBM's ary. This WtuJ a net increase of 3,134. to their forces and more than doubled These fif\ll'es are from reports certified by FEDERAL CIVILIAN EMPLOYMENT, the agencies a.s compiled by the Joint Com­ their number of submarine lal,Ulched be.l­ FEBRUARY 1972 listM missiles, while our strategic forces mittel on Reduction of Federal Expendi- have remained clamped in what Secre­ tures. tarY of l>efense lAird has rightly charac­ HON. GEORGE H. MAHON EXECUTIVE BRANCH terized as a state of "virtual morato­ OF TEXAS Oivntan employment 1n the Executive rium." In short, the trends identified by IN THE HOUSE OF REPRESENTATIVES Branch in the month of February totaled the Panel members as jeopardizing the 2,828,232. This was a net increase of 3,:tl1 Monday, April 10, 197~ security and freedom of the American as compared with employment reported hi people have ·continued unabated. Mr. MAHON. Mr. Speaker, I submit a the preceding month of January. Emplo~'­ Those of us who know these faets can release highlighting the February 1972 ment by months in fiscal 197!1 follows! -

Full· time employees in Change from Temporary, Change from dhanferrom permanent previous part• time, previous Total previpllf Month positions month etc. month . tlmptdyment m6ntli

July 1971. ______- ______~-~ ______2, 521,703 +1.391 381,448 +18, 755 2, 903, 151 - +20, 146 August ______------____ ------. 2,524, 098 +2,395 ' 366,062 -15,386 2,890,160 -12,991 September ______------______2,527, 518 +3,420 317, 021 -49,041 2,844,539 -45,621 October _____ ------______------______------____ _ 2, 529,832 +2,314 303,236 -13,785 2,833,068 -11,471 November ___ ------__ ------_------2,528, 233 -1,599 300,254 -2,982 2,828. 487 -4,511 December ___ ------__ ------"------2, 525,858 -2, 375 300,665 +411 2,826, 523 -1,964 January 1972 ___ ------__ ------__ ------_____ ----- _ 2, 5<2, 081 +26,223 272,924 -27,741 2,825,005 -1.518 February ______---• __ - _- _- _- _-- ____ -_--- _------_- _- _------.-_---- ___ ---- 2, 550,982 -1,099 277,250 +4,326 2,828,232 +3,221

Administration orders announced last Au­ Changes in, total employment in January with January. Total employment outsidff gust were directed at reductions in the cate­ ln. Clv111an Agencies of the Executive Branch the United States in February was 185,550, gory of full-time permanent employment, a.s compal'ed With clvil1an employment in an increase of 33 a.s compared with January. ftS but little significant change ha.s been appar­ Milltary Agencies were foll()ws: LEGISLATIVE AND JUDICIAL BBANpHES ent ln.. this regard 1n the overall to~ls until ·-- --Employment in the Legislative Branch in recent months. It 1s noted that net reduc­ Fe.bruary January Change tions have been reported for the past four ·February totaled 31,606, a decrease of 14d. months, totaling about 9,000, including are­ as compared wtth the preceding month ot Civilian aaencies ______. _ 1, 703, 412 1, 698, 647 +4, 765 Janua.ry. Employment in the Judicial Branch duction of 1,099 reported in the month of Military aaencies ______1, 124, 820 1, 126, 358 -1, 538 February. This would indicate that there may in February totaled 8,248, an increase of 53 be some trend toward the projected June Total, civilian as compared with January. 1972 level of 2,531,500. employment ______2,828,232 2,825,005 +3,Z27 In addition, Mr. Speaker, l would like The clv111a.n agencies of the ·Executive Branch reporting the largest increases in to include a tabulation, excerpted from :F'ebruary were Treasury with 6,063, Environ• in til@ Department of Defense the largest the Joint Committee report, on p&sc>n­ mental Protection Agency with 607 a.nd Vet= decrease in civUla.n employment was report., nel employed full time in permanen\ (n'ans Administration with 422. The largest ed by Air Force with 1,052. positions by executive ~ranch agencies At:!cree.ses during the month were reported Total Executive Branch employment in­ during February 1972, shhwlng compari;: ijy Postal Service with 1,240 and Agriculture side the United States in February Vi-as sons with June 1970, June 1971, ari'd the With 1,176. 2,642,682 a.n increase of 3,194 a.s compared Budget estimates for June 1972:·

FULL· TIME PERMANENT EMPLOYMENT

Estimated Estimated February June 30, February June 30'1 Majot «~encies June 1970 June 1911 }g72 1972.1 Major a&encies June 1970 June 1971 1972 19721

82,912 84,252 83,315 sa. ooo Environmental Protection Aaency ' ______5,959 7,662 8, 000 ~:~~!~~~~=~ ~ ~ ~ ~~ :::: ~ ~ ~: ~: :.::: =~ ~= ::: 25,427 28,435 27,796 28,500 General Services Administration______36, 400 38,076 35,977 39, 41lb' Defense: National Aeronautics and Spac:e Adminls• ~vii functions ______------30,297 30,063 30,169 30,600 tration______31,223 29,478 28,254 27, 50o' Military functions ______·____ _ 1, 129,642 1, 062,741 1,060; 001 1, 011,000 Panama CanaL ___ ----- ______------14,695 13,967 13,859 14, 2tfO Health, 'Education, and Welfare ______102,297 104,283 106, 265 102,000 Selective Service System . ______6, 665 5, 569 5, 813 l,fousing and Urban Development. ______14,661 16,030 15; 801 15,200 Small Business Administration ____ .______4; 915 4, 004 . i 006 l.nterior ______. ______59,349 57,570 56 881 !i6,900 Tennessee Valley Authority. ______12,697 13,612 lf, 78& Justice. ______----- 14, 38,013 42,~2 42:9u 100 U.S. Information Agency_ . __ __ -._"______"'9i 989 9, ~73 9, 581 9,4~:~200 (j labor ______--______--_--_- u, 10, 217 11, a52 11,948 11,8110 U.S. Post,al Ser~i~e- --,- ______•-•---- ____ ~~a5 , 6lf S64, 782 jjftl, 4B9 3&13, 4 State ••• ------·-·--- 23,618 23,39. 22; lli 2~ , too ~eterans AdmmtstratklrL ______1q, 4,9 1$8, G~ 161; 218 Aaency fot lntetnational Development.. 14,486 13,477 U.7~ .2,400 1\~ to r;anspottation_ ------63,879 68,482 67; ~7.7 66; 400 g~n~~::~:c,=~~~~-- ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~~~ ~~ ~ ~~ ~ ~- ---- ~~·"~~------~~~ ~~------~~~ - easutv.------.,. ------86,020 90,135 94,949 98,500 Qirlit toefo Commission ______7,033 6,920 6,820 6, 700 TotaH_ ---- __ ------.------2, 552,571 2, 520,312 2, SSO, 982 2, 531,500 ltIVil Sefvice Oonimission ______5, 214 5,324 5,159 5,600

i Sojjfce: As proj~ted in 1973 budaet document; figures rounded to nearest hundred. under a labor-management agreement. Such reclassifiCition was reported to the committee irl . z~sl~blished is of...Oec_...2; l970, br transfer of functions and personnel from Interior, HEW, January 1972. Aanculture, Federal Radiation Counci and Atomic Energy Commission. · •February figure excludes 2,950 disadvantaged persons In public service careers programs· as •Includes approximately 30,000 postal employees sUbJect to reclassification by June 30, 1972, . compared with 2,844 in January. I 11986 EXTENSIONS OF REMARKS April10, 1972 NATIONAL MICROFILM WEEK LOW-RENT HOUSING .FOR RICH Last week, 61 black famllles moved tnto MAN'S PROFIT new, $15,000 homes near Smithfteld, Va.., the first of more than 1,000 houses a yeazo that HON.BARBERB.CONABLE, JR. a Rockefeller-controlled internattonal devel­ OF NEW YORK HON. JOHN R. RARICK opment corporation plans to bulld for rural blacks in Southside and Tidewater', Va. IN THE HOUSE OF REPRESENTATIVES OF LOUISIANA Monday, April 10, 1972 IN THE HOUSE OF REPRESENTATIVES The article continues and points out­ Monday, April 10, 1972 Full mortgage ftnan.cllng tor the ranch­ Mr. CONABLE. Mr. Speaker, I am in­ -style, prefa.brlca.ted. houses is being made troducing today a resolution calling upon Mr. RARICK. Mr. -Speaker, eyidenee available by the Federal Farmers HOOle Ad­ the President to proclaim the week of continues to appear to indicate the truth ministration. The financing enables famllies September 24 as National Microfilm of that old saw "the rich get richer and with incomes as low as $3,500 a yeaz to pur­ Week. In proposing this resolution I am the poor get poorer:• Unfortunately, too chase the three and four-bedroom houses hopeful that such a proclamation will often the rich get richer as they· sup­ without down payment. appropriately recognize the accomplish­ posedly "help, the poor. Once again, Mr. Speaker, the point is ments of an industry and technological An example of how the rich profit that the rich are getting richer while system which has revolutionized infor­ from helping the poor appeared locally hiding behind the smokescreen of help­ mation gathering and dissemination in a in the news recently in the stories de­ ing the poor. Figuring an output of 1,000 way that has a:ffected everyone's life. tailing the cost of low-income housing homes a year, the "Rockefeller-con­ Government, industry, commerce, in the District. These stories reveal that: trolled international development fund" schools, and universities and many other Construction is scheduled to start this. can expect to realize a gross of $15 mil­ week on 54 modest, low-income town houses lion from the poor, and the American institutions utilize microfilm extensively. in Washington that will end up costing a taxpayer by guaranteeing the mortgage, It has made possible economical and con­ minimum of -$52,500 each. will, in fact, guarantee to these poor a venient preservation of our history and These houses will have no air-conditioning, right that he himself does not have­ opened the portals of knowledge for all washers or dryers, and 34 of them are only 16-feet wide and 29-feet deep, reduced in the right to buy a comfortable home with who desire it. The resolution takes note comforts because of inflation and in size no downpayment and no worry about of all these facts, as well as the role of because of Federal limits on public housing. obtaining the financing. microfilm in preserving the Nation's his­ Mr. Speaker, this is a disgusting situa­ torical records at the National Archives This is certainly absurd compared to tion that threatens to repeat itself across the fact that: and of its use to provide V -mail to serv­ the Nation unless appropriate action is New upper-income town houses, with air­ taken. The administration o:ffers ex­ icemen in war zones. Congressman FRANK conditioning, dishwashers and laundry facU­ HoRTON, who also represents the Roches­ lties, sen for $50,000 to $65,000 · in the re­ cuses; what this country needs is direct ter, N.Y., area, is a cosponsor of this res­ developed Southwest and $45,000 to $50,000 action to correct this wrong done the olution. The Rochester area is one of the on Capitol Hill. American taxpayer. It is little wonder that the rich are major centers of the microfilm industry. The $52,500 for low-income homes always so eager to ''help•• the poor. Government is the largest single user Without conveniences is even more ridic­ I include related news articles at this of microfilm. Every social security record ulous when we consider that a certain point: is microfilmed, kept up to date, and made profit is definitely included in the earlier The articles follow: accessible at over 800 locations to facili­ figures quoted for upper-income town [From the Sunday Post, Aprll 9, 1972) tate the handling of individual files. houses in the redeveloped Southwest and LoW-INcOME HoUSING: t52,200 EACH Technical reports of the Nation's de­ on Capitol ffill. (By Eugene L. Meyer) fense agencies account for a large part Yet, where is all this money going, except from the paycheck deductions of Construction is scheduled to start this of the Federal Government's involve­ week on 54 modest, low-income town houses ment in this medium. The National Ar- workers and taxpayers, into the pockets of the rich and super-rich. Consider the in Washington that wm end up costing a 'c_hives and Records Services, and the minimum of t52,500 each. fact that the same news article reveals The houses wm have no air-conditioning, Library of Congress preserve the Nation's one firm who benefited gre&tly: history and provide basic documentation · washers or dryers, and 34 of them are only Westminster Investment Corp., was paid 16 feet wide and 29 feet deep, reduced in ~or research in many fields by micro­ $755,000 for 1.2 acres in 1969. The tract, at comforts because of inftation and in size filming. 14th and S Streets NW., had been purchased because of federal limits· on publtc housing. Microfilm's commercial ·applications 6 years earlier by Westminster for $398,260. Accounting for more than half the cost began with checks in a bank, and today•s is a payment by the city's urban renewal An even more revealing fact is that­ agency of $1.5 mllllon for a total · of 2.33 fina~cial institutions account for a sub- Westminster is a New York corporatiOID. acres of land J,n Shaw, one of the city's '---.... stantlal percentage of microfilm's use. dealing almost exclusively in commercial poorest neighborhoods. Most larger department stores and the properties. Its president, Instone Bloomfield, This is more than $640,000 an acre. Nation's credit card companies use lives in London. One firm, Westminster Investment Corp., microfilm to record purchase records be­ was paid $755,000 ·for 1.2 acres in 1969. The The point is, Mr. Speaker, the rich cor­ tract, at 14th and 8 Streets NW, had been fore returning them to customers with porations, some seemingly with interna­ purchased siX years earlier by Westminster --monthly statements. Hospital microfilm tional interests, are those profiting most for $398,260. patient records, radiographs and other by the grandiose schemes to "help the Westminster is a New York corporation vital records that make up their perma­ poor and raise their standard of living.'' dealing almost exclusively in commercial All of course, at the expense of the over­ properties. Its president, Instone Bloomfield, nent files. Newspapers are on microfilm, lives in London. Its omce here ·is at 1511 K as are most periodicals, books, and even burdened American taxpayer. The paper St. NW. The firm owns 21 Washington prop­ unpublished manuscripts. In wartime, it of the same day carried an article that erties scattered across the city, according to was used for the V -mail program and in indicated these 54 low-income town . District records. houses would actually cost the American peace, it has made possible the miniatur­ The renewal authority, the Redevelopment taxpayer $76,000. HUD Secretary George Land Agency, also paid $495,000 !or two ization of messages left on the moon. M. Romney is quoted as saying: parcels on a hal!-acre tract at 11th and M Mr. Speaker, microfilm has played a We have made mistakes in the design and Streets NW. The owner of both was the United Com­ significant role in American society and administration of the programs that were munity Services Washington, landlord !or its importance continues to expand as supposed to alleviat.e human sutfering. I ac­ of demands for information continue to knowledge with regret the things that have the United Givers Fund and the Health and Welfare Oouncll. The property was head­ grow. In recognition of these applica­ gusing, the redeveloper poor, are benefiting land speculators, inves­ Rufus Lusk Jr., president of Rufus S. Lusk pays RLA substantially less than the agency tors, lenders, lawyers, consultants and other & Son, Inc., a firm that has publi&hed real paid to acquire the land. The d11ference is groups. estate directories here since 1930, said in an paid with federal grants. The results, the Senator has complained, is interview that the RLA paid fa.r too much for RLA's acquisition costs, in this instance, that Americans are "getting Chevrolet houses the Westminster property. were "more than it's going to cost to develop at Cadlllac prices." "I think they were taken brutally," Lusk the land,'' observed Monter18 Ivey, deputy di­ HUD Secretary George M. Romney, who said. "I don't think any investor would buy rector of the National Capital Housing Au­ runs the programs, said in Detroit last month, the property. For 97 per cent of investors in thority. NCHA, the city's public housing au­ "We have made mistakes in the design and the country, this property is worthless." thority, approved and worked with the re­ administration of the programs that were Lusk said the Westminster property might developer, D.C. Frontiers. supposed to alleviate human suffering. I ac­ conceivably be worth "perhaps $200,000," 1f Last week Ivey said the price RLA paid 1s knowledge with regret the things that have an investor were interested. A block from "kind of high, Isn't it? We don't usually gene wrong with our subsidized housing pro­ the site is 14th and T Streets NW, "a very spend that much." gram.'' tough corner," Lusk noted, with tra1D.cktng When NCHA does the land buying, it As a result of the fallures, HUD has been in drugs and prostitution. rarely spends more than $2,500 per unit, considering giving families a fiat housing "Maybe (RLA) discovered an oU well" at compared to $28,000 a unit with this RLA allowance to rent on the private market in­ 14th and S Streets NW, he said. purchase, according to Joseph Minor, NCHA stead of. subsidizing construction of units. The site formerly contained three ~ furni­ deputy director for project development. The overall cost of the project, HUD's Chis­ ture stores and a bowling alley in one bulld­ The 54 town houses comprise the only pub­ holm acknowledges, ·is more than the con­ ing th&t was razed in 1963. The site has since lic housing planned so far in Washington's troversial $45,000 "luxury" townhouses that been used as a parking lot and zoned fOr inner-city riot corridors, w.here low-income HUD first approved, then disapproved after light industrial use. . housing 1s in short supply for those who wUl a community furor in Montgomery County Ralph Werner, RLA's general counsel, de­ be displaced by urban renewal. last year. fended the price the agency paid for the 2.33 Ultimately, these town houses wm be ­ Last Aprll, Secretary Romney rescinded acres. He said: "We pay fair value. I'm sure owned by families with incomes low enough HUD's approval of 52 town houses in Watkins we don't pay more than fair value." to qualify for public hou.sing---$4,500 for one · Glen that were to be bought for publlc hous­ Melvin Mister, RLA executive director, said person to $9,800 for a family of 10 or more. ing near Rockville. He acted after residents the agency could have reduced Lts land cost The fam111es wm pay up to about $100 a of the amuent area picketed and went to by reselltpg the 2.33 acres for more than it month but no more than 25 per cent of their court. These houses had such amenities as did to the nonprofit sponsor th&t is bullding income. Their payments will go for ut111ties, air-conditioning that the more expensive the low-tru:ome housing. But charging the insurance, taxes and property maintenance. Shaw houses wllllack. redeveloper more, he said, would have pre­ The federal government wlll pay debt service. A year ago, Romney declared the Watkins cluded low-income housing. First proposed in May, 1969, the projPct Glen proposal "not economically feasible." The sponsor, D.C. Frontiers, a spinoff of didn't receive final RLA approval untU last He added, "(It) causes people to think, why a black fra.terna.l group, is paying RLA July. In November, HUD approved construc­ should they subsidize people and put them - $56,700 for all the tracts. tion prices submitted last May. But costs, in units that are that costly." "We could have resold it for more for com­ meanwh1le, had escalated and HUD would mercial use," Mister said. "It's clear, 1f we not allow an additional $200 a unit sought [Prom the Sunday Post, AprU 9, 1972] weren't trying to build for poor people, we by the builder. TOTAL Cosr TO PuBLIC Is $76,000 PEa HouSE oould get a lot more housing bullt." After s!,x months, a new buUder was found The $52,200 price tag on the low-income The U.S. Department of Housing and -the project's fourth-who promised to pare town houses that wm be bullt in Shaw 1s Urban Development had to approve both the the cost without altering the houses. a bare minimum. RLA's $1.5 million land acquisition cost and When first designed, the houses included The figure includes only site acquisition the construction costs, which total $1.3 mll­ such amenities as air-conditioning and and construction. It does not include up to llon. However, one division of· HUD governs washer-dryers. To meet HUD cost constraints $100,000 that the Redevelopment Land land acquisition costs, and another actual as infiation spiraled at 10 per cent to 15 per Agency plans to spend for site improvements, bu1lding costs. So there is no single omce cent a year in construction, these features such as street trees and new sidewalks. that would neceSsa.rUy consider or even know were dropped. Nor does it include an estimated $1,236,989 that the average cost of the 54 homes 1s more The size of the Shaw units was reduced in tax-free interest on the construction loan than $52,000. by four feet in depth because of federal space that wm be paid by the public to bond­ Mary A. McGrade, Westminlster's s~­ limits on public housnig. Thirty-four of the holders over 30 years, as computed by a treasurer, was asked about the land sale to houses are now 16 feet wide and 29 feet deep. Housing and Urban Development omcial. RLA, "Let me put it this way," she said, "we Twenty are 20 feet wide and 30 feet deep. When those items are added, the cost per didn't lose any money on it." New upper-income town houses, with air- house becomes $76,000 1n public monies. Mrs. McGrade added, "We would have re­ conditioning, dishwashers and laundry fa- Other items, on which there were no im­ developed it ourselves with stores on the c111ties, sell for $50,000 to $65,000 in the re- _.mediately avallable prices, include admlnis­ first fioor, two or three fioors of omce space ~ developed Southwest and $45!000 to $50,000 trative costs to the RLA and-the publicly --- and apartments above. We had talked to the on Capitol Hill. supported relocation of five households and city about redeveloping it back in 1964 or The total $1.3 mllllon construction cost for on business to make way for the houses. 1965, but, with the indecision that exists in the Shaw units averages $24,145 for each According to Joseph Minor, deputy director government, it never got done." house. The total cost breaks down this way: for development for the National Capital Low-income town houses, she continued, $56,700 that D.C. Frontiers paid RLA for the Housing Authority, if congress voted to make are "not the best use of the property." land; $1,090,989 for actual construction; $48,- direct cash grants for housing construction The low-income housing plan- was ap­ 000 for architecture and engineering; and instead of paying for financing costs over a proved by RLA, the National Capital Plan­ $112,631 for overhead and planning. period of years, "possibly four times as much ning Commission, the City CouncU, HUD and According to architect Charles I. Bryant, housing with out-of-pocket cash" could be the Model Inner City Community Organiza­ "To lose six months time was to eat up any bullt. tion (MICCO), the Shaw community plan­ savings. The biggest problem was getting "It would change the whole system," he ning group. decisions rapidly so we would benefit from said. "People don't usually look at it this "If you're really going to save the inner - the time aspect of construction. We have less way." city," said Terry C. Chisholm, director ot house today for $25,000 than we indicated HUD's D.C. area omce, "there's a price tag we were going .to give back in 1970 for $23,':" [From the Washington Post, Apr. 10, 1972] attached to it and it's enormous. There's no 000." FIRST 61 FAMILIES JOIN NEW COMMUNn'Y question that in order to deliver these 54 As for the architect's fee, Beyant said, units of public housing, if you take into "We're losing money on this project. We (By Oar'l Bernstein) consideration the urban renewal process, literally designed this project -three .times." Last week, 61 black families moved into you're talking about a hell of a lot of money. Wesley W. Williams, lawyer for the project, new, $15,000 homes near Smtthfield, .Va., the But there ain't anything unique about it." said, "I doubt if I'll get over $5,000 out of :first o! more than 1,000 houses a year that a Under urban renewal RLA has the right this thing. Rockefeller-controlled international develop­ to condemn property but must pay the owner "I'm quite pleased with what we're trying ment corporation plans to bulld for rural 11988 EXTENSIONS OF REMARKS Apn1 to, 1972 blaclts in Southside and Tidewater Virginia. have long worked as sharecroppers, farm With regard to revenue sharing, there­ Many of the new homeowners in the Sandy laborers, in meat packing plants, lumber sults show that ' some 59 percent agree Mount Manor. development near Smithfield mllls, peanut processing plants and other are familles who for years have rented dilap­ local industries. that such . a new approach in Federal­ idated wooden houses without central heat­ Physically, some of the Southside towns State relations is needed. It is my hope ing or plumbing. could serve as ·the location for a stereotype that this pioneering effort which will soon Full mortgage financing for the ranch­ novel of the rural South: the white and black be before the House will tend to check the style, prefabricated houses is being made sections separated by railroad tracks, gray · growing centralization of power in Wash­ available by the Federal Farmers Home Ad­ shacks of tinder-dry wood on one side, some ington. ministration. The financing enables famUies white clapboard houses on the other. Trees Also of importance, I feel, is the fact with incomes of as low as $3,500 a year to may shade the paved streets of white neigh­ purchase the three- and four-bedroom houses borhoods, but long dirt roa.ds lead through · that 70 percent said they opposed allow­ without down paymentAil. fields to the jerry-built shelters across tiie ing taxpayers to earmark $1 of their ta.x By also building a factory. in Virginia to tracks. payments to finance partisan Presidential mass produce the modular homes, their man­ Although such scenes are becoming much election campaigns. This suggests to me ufacturer claims that the cost-per-bouse is less commonplace in Virginia, planned neigh­ that before this provision goes into effect reduced by several thousand dollars. borhoods in which blacks live are virtually for the 1976 Presidential campaign, the 140 Sandy Mount Manor, mile south of nonexistent in both Tidewater and South- · Congress should thoroughly reexamine i~. Washington in Isle of Wight County, is the side, and good housing available to them is first of 17 planned communities that the In­ at a premium. In addition to the districtwide tabula.c"" terna.tlonal Basic Economy Corp. says it wlll In this environment, "We don't see any tion, a special summary was made of build in Virginia before 1974. The corpora­ Umit to the market," according to Charles some 1,500 questionnaires returned by tion, founded in 1946 by New York Gov. Nel­ Campbell, manufa.<'turing manager for IBEC Michigan State University students. Not son Rockefeller, ls now headed by hls son, in Lawrencev1lle, Va. surprisingly, perhaps the strongest sup­ Rodman C. Rockefeller. Inside the corporation's 1 %-acre factory in port indicated·was for increased Federal Almost all of the Virginia developments Lawrenceville, 90 . employees build a whole efforts to clean u,p the environment. Some planned by IBEC-to include community house in two completely assembled sections. 92 percent favor more Federat· spending swimming pools, playgrounds, picnic areas, Each half of the house is then trucked to the activity centers and stocked fishing lakes­ homesite, set on a conventional foundation in this area while fJ7 percent approve will be located in counties where blacks out- · and joined together in less than three man­ setting a clean water goal of no polluting number whites or represent a substantial dayS" installation time. discharges by 1985. While this job is an portion of the population. By the end of this year, according to Camp­ enormous ol'ie, the House action March "We are hoping white familles will buy bell, "we will be turning out three houses a 29 in passing a recordbreaking $24 bil­ our houses too, but obviously we are seeking day. Whatever the market's upper Umit is, lion pollution control program is a major the black market," said IBEC vice president we can expand to meet it. We're planning step which is urgently needed and the Harvey L. Schwartz. 1,000 units a year but it could go higher if IBEC's decision to build low-cost· housing the demand is there." bill had my support. on a la.rge scale in Southside and Tidewater IBEC and its Lawrenceville subsidiary, In many respects the pattern of stu­ "could mean a huge difference in terms of Planned Neighborhoods, Inc., will make a dent opinion follows pretty closely that providing a-dequate housing for blacks and profit of 5 to 10 per cent on each house found in the SiXth District as a whole. .other low-income people," according to Ruth built, depending on production levels, said For example, student and general public Harvey Charity, chairwoman of the Virginia Campbell. Council on Human Rela.tions. "If the plans responses were in basic agreement on 29 IBEC stock, according to stockholders' re­ of the 33 questions with both favoring go through as they are projected," she said, port, ls held by some 1,450 persons; a com­ "they wlll meet a great need." pany spokesman said about 60 per cent of increasing the minimum w.age, no-fault In recent years, there has been relatively the stock is owned by members of the Rocke­ insurance, replacing the property tax, ex­ little construction of new homes in rural feller family. panding East-West trade, clean water Southside and Tidewater-those sections of action, a national presidential primary the sta;te south and southeast of Richmond­ and revenue sharing. At the same time, p-artly because of a declining white popula­ tion combined with the inability of many of both oppose granting the right to strike the area's blacks to afford conventionally QUESTIONNAIRE RESULTS -to Government employees, earmarking financed new houses. Federal tax money for partisan presiden- Under the federal financing arranged by HON. CHARLES E. CHAMBERLAIN tial campaigns, and Federal aid to private the Farmers Home Admintstra.tion, families and parcchial schools, and a single 6-year with annual incomes between $3,500 and OF MICHIGAN presidential term. The students opposed $8,000, will be eligible for full mortgage loans IN THE HOUSE OF REPRESENTATIVES busing 53 percent to 34 percent whlle on the IBEC houses a.t prevalling interest rates. Conventional financing through pri­ Monday, April 10, 1972 the general public opposition was much vate lending institutions is usually impos­ stronger, 82 percent to 12 percent. CHAMBERLAIN. Mr. Stpeaker, be- In many of these areas the main differ- sible for people of low income. innMJ:· 1 The subdivisions IBEC 1S planning for Vir­ g mg in ear Y l\1:arch, I dis ributed an ence between the two responses is the de- ginia are similar to communities thait the 18-part questionnaire to residents of corporation has built on a smaller scale for Michigan's Sixth congressional District. gree of approval or disapproval. This is American Indians in the Southwest, blacks More than 17,0·00 responses have been particularly evident as well on the ques­ in South Carolina and low-income families received so far and to me this broad con- tion of support for the President's efforts in Puerto Rico, the Virgin Islands, Jamaica, cern in our current national problems is to end the war in Vietnam, which 48 Peru and Mexico. most encouraging. A computerized tabu- percent of the students answered in the IBEC's plans in Virginia are being coordi­ lation of the returns has now been made a~r~ative as COIX;lpared ·to 66. perceint nated with the State Division of Industrial and particularly noteworthy, I believe, distnctwide. Considering .the m~ns ty Development, which has helped the corpora­ is the strong opposition to busing-8 of student conc:ern over VIetna~ m re­ tion choose the 17 sites for its first 1,500 2 homes in the Commonwealth. percentr-as well as the substantial seg~ -- ~ent ~ears, I beheve ~he s~bsta~ti.al ba~!: The areas selected for these initial develop .. ment-70 percentr-that favor replacing mg given the Presidents pohcies c ments, to be completed by 1974, are among the property tax as a basic source for firm~ that we h~J:Ve come a long way in a the poorest in the state. In many of the bl' h 1 f ds relatively short time. counties-including Surry, Brunswick, Lu­ pu IC sc. ~ un · . . The student and general responses dis.. nenburg, Prince Edward and Richmond­ In. addition, the op~monpoll proVIded a agreed on only four to 33 separate ques­ median family income is between $5,820 and speclalll-part quest10n all.ow.i~ respon- tionnaire items. Two of these four items $6,843, compared to a statewide median of dents to rate what the pr10nt1es should concerned increased Federal spending for $9,049. (The median is the point where 50 be for Federal spending. The strongest educ9.tion, which college students sup­ per cent of the incomes are higher and 50 indications here are decidedly toward ported, while the general public was per cent lower.) greater efforts to control pollution, drug about even!y divided. Likewise the gen­ More than 20 per cent of the total popu­ abuse and crime and for less spending for eral public was only mildly favorable lation of the counties chosen for develop­ foreign aid, space exploration and de- toward Federal spending for mass trans,.. ment earn less than the sliding federal pov­ erty standard, compared to 12.3 per cent of fense. These priorities . are basically re- portation, while the East Lansing stu.. the statewide population. fleeted, I believe, in the President's pro- dents strongly . favored-71 percentr­ Both Southside and the sections of Tide­ posed budget which devotes more money increased spendmg. water where the IBEC communities wlll be to human resource programs-45 per Copies of the ·' distrlctwide . summa:ey located are agricultural areas where blaeks cent-than to defense-32 percerft. -a~d - the students' results follow: April 10, 1972 EXTENSIONS OF REMARKS

CONGRESSMAN CHAMBERLAIN'S 1972 QUESTIONNAIRE (in percent(

Yes No Not sure More Less Same Not sure SHOULD WE- Crime controL ______------66 5 23 6 1. Increase the Federal minimum wage from $1.60 to $2 Consumer protection. _____ ------= 50 11 33 6 per hour? ______------__ 50 38 12 20 43 31 6 2. Legislate the no-fault automboile insurance on the ======:::::::: 56 10 Federal level? ______Elementaryg~~~n:~iise ~and ~ == = secondary = = =:schools ______= 27 7 50 29 21 Coll.eges and universities ______40 14 39 7 3. Grantstrike? Federal ______and public employees the right to _ 25 27 41 7 22 65 13 Env1~onm.ental protection. _____ ------57 9 25 9 4. Approve in the area of national health insurance 5 77 13 5 (check one or more): f~~e~~~~~~i----~=::::--::: ::::::::::::::::::: 43 17 34 6 27 percent-a new program of health care for Mass transportation •• ------39 27 25 9 the poor to replace medicaid. Space program ______------_ 14 51 29 6 33 percent-additional tax credits for premiums for private insurance. 42 percent-a program to help meet costs of Yes No Not sure catastrophic illness. 34 percent-require employers to provide health insurance for employees. DO YOU FAVOR- 26 percent-complete nationalization of health 10. Establ~shing a ~ingle 6-yearterm for the Presidency?_ 27 61 12 insurance. 11. A nat1onal pnmary election to select presidential 15 percent-no new legislation. candidates? ______------__ 5. Replace the property tax as the basic source of public 58 27 15 school funds?------______12. Earmarking $1 of your Federal incoma tax for 70 17 13 partisan presidential campaigns? ______6. Expand agricultural aitd nonstrategic trade with 21 70 9 Communist nations? ______------__ ------60 24 16 13. Federal revenue sharing to aid State and local 7. Exempt those. working after 65 from paying social governments?_------59 24 17 security taxes? ___ ------______63 29 14. Busing to obtain racial balance in our schools?------12 82 6 8. Set a long-range clean water program goal of no 15. Federal aid to private and parochial schools? ______21 71 8 poliuting discharges by 1985 with an estimated Federal cost of $14 to $20,000,000,000 for 1st 5 IN GENERAL- years? ______67 12 21 9. Provide with regard to Federal spending in these 16. Do yo~ feel that existing laws discriminate unfairly areas- agamst women? ___ ------___ ------21 68 11 17. How do yo~ feel about the way price-wage controls are workmg7 26 percent-satisfied; 57 percent-dissatisfied; 17 percent-no opinion. 18. Do you approve the Pres1dent's efforts to end the war in Vietnam?------_------__ 66 22 12

CONGRESSMAN CHAMBERLAIN'S 1972 QUESTIONNAIRE-STUDENT RESPONSES lin percent)

Yes No Not sure More Less Same Not sure

SHOULD WE- Crime controL ______------57 7 32 4 Consumer protection._------67 4 27 2 1. Increase the Federal minimum wage from $1.60 Defense. ______------__ 7 76 16 1 $2 per hour ______52 34 14 Drug abuse ______----- __ ------57 12 27 4 2. Legislate the no-fault automobile insurance on the Elementary and secondary schools ______70 4 24 2 Federal level? ______60 15 25 Colleges and universities ______67 5 26 2 3. Grant Federal and public employees the right to Environmental protection. ______------___ _ 92 2 5 1 strike?------______37 40 23 Foreign aid ______------7 69 22 2 4. Approve in the area of national health insurance Job training______------57 8 33 2 (check one or more): Mass transportation ______------71 9 17 3 29 percent-a new program of health care for Space program. ______------_____ ------20 46 32 2 the poor to replace Medicaid. 23 percent-additional tax credits for premiums for private insurance. Yes No Not sure 47 percent-a program to help meet costs of catastrophic illness. 36 percent-require employers to provide DO YOU FAVOR- health insurance for employees. 40 percent-complete nationalization of health 10. Establishing a single 6·~ear term for the Presidency?_ 25 64 11 insurance. 11. A national primary e ection to select presidential 7 percent-no new legislation. candidates? ______._--_--___ 62 22 16 5. Replace the property tax as the basic source of 12. Earmarking $1 of rou r Federal Income tax for parti· public school funds? ______------__ _ 69 14 17 san presidentia campaigns?. ______28 59 13 s: · Expand agricultural and nonstrategic trade with 13. Federal revenue sharing to aid State and local gov· communist nations?------____ ------__ _ 84 ernments? ______------65 14 21 7. Exempt those working after 65 from paying social 14. Busing to obtain racial balance in our schools?. ____ 34 53 13 security taxes? ______------_ 64 22 14 15. Federal aid to private and parochial schools?------27 63 10 8. Set a long-range clean water program goal of no polluting discharged by 1985 with an estimated IN GENERAL- Federal cost of $14 to $20,000,000 for 1st 5 years?_ 87 9. Provide with regard to Federal spending in these 16. Do you feel that existing laws discriminate unf~iriY areas- against women? ___ ------50 36 14 17. How do you feel about the way price-wage controls are working? 24 percent-satisfied; 55 percent-dissatisfied; 21 percent-No opinion. 18. DoJa~uinaer:f~:m\h_e_~:~:~~~~~·:_~~~~~-t~-~~~-~~~- 48 38 14

SMALL COMMUNITIES HAVE GREAT creasing evidence of a beginning of the SMALL CoMMUNITIES HAVE GREAT APPEAL APPEAL reversal of the migration from the coun- All small towns need to blow their own horns and the only way they can do that 1s tryside to the cities. . by making their potential known to the People from the cities are becoming largest amount of interested people. weary of the rush and press of city life When a. prospective business seeker is look­ HON. JOHN M. ZWACH and are yearning for the quiet tranquil­ OF MINNESOTA ing for a location, there are many things he lity of the countryside. looks for as he attempts to choose his site IN THE HOUSE OF REPRESENTATIVES Mrs. Madonna Kellar of the Heron of operations. First and foremost he Will take Monday, April 10, 1972 Lake News recently wrote an editorial on a good long look at the main street of the this subject which I insert into the CoN­ town to see how well preserved it is. Next he Mr. ZWACH. Mr. Speaker, as I read GRESSIONAL RECORD where it can be read will observe very carefully the amJOunt of the newspapers from our Minnesota by my colleagues and the thousands of traffic in the stores. He then wlll delve deeply Sixth Congressional District, I find in­ others who read this publication: into the educational aspects of the town oxvnr--757-Part 9 11990 EXTENSIONS OF REMA!q{S April 10, 1972 where his children will be educated. Hous­ ernor of Kentucky to call the attention of tion" are only diversions and camoufiage ing is his next concern. If he 1s to choose our citizens to the truth of Holy Scripture tactics which avoid confronting these facts. a location for the rest of his life, he naturally quoted by the late President John F. Ken­ The result of America's pervasive racist is looking for adequate living accommoda­ nedy in a final speech never delivered, "Ex­ attitude is readily apparent. Isolated, im­ tions for his family. cept the Lord build the house, they labor in poverished ghettos and the delineation and Religious potential will be another concern. vain that build it." financing of school districts along racial, He will be looking for a church of his own 2. Hereby declares that it is in keeping ethnic and economic boundaries, with limited denomination. A community of various faiths with our national heritage that the Provi­ and unequal taxable resources are two pri­ has a great deal to offer to anyone seeking dence of Almighty God be recognized in mary examples. Neither equal educational a new location. every appropriate way in our public schools, opportunity nor quality education for all can If a community has a demand for the serv­ and that voluntary, non-compulsory prayer be achieved within the limitations of these ices he has to offer and it can meet the above and Bible reading and the Pledge of Alle­ realities. The meTe appropriation of monies specifications, then a new business can be giance to our Flag be encouraged in our for improving the quality of pc~rer school added to the town's roster. Unless the pros­ schools and commended as fl, way of life districts is utterly meaningless without a pect can receive the assurance that he can for the children of the Commonwealth. comprehensive plan for substantial racial find the facilities he and his family need, integration. At this time in history, the he will look elsewhere for a spot in which to neighborhood school con.!ept along with seg­ start his business and another chance to ad­ regated housing and inequitable funding, vance the town has been lost. will surely perpetuate unequal educational Small towns need not become depleted as CITIZENS SPEAK OUT FOR BUSING oppo·rtunity. White Americans must realize the trend to move to the rural areas ad­ the serious consequences to the nation of vances. People are becoming very weary of continuing segregated and unequal educa­ the rush of city life and are looking for HON. WILLIAM (BILL) CLAY tion. more tranquil areas to raise their families OF MISSOURI We strongly recommend that vigorous and to develop interests and hobbies. If the legislation be enacted and enforced whic~ town is made attractive enough, there will IN THE HOUSE OF REPRESENTATIVES will create an integrated school environment be no problem in getting business and new Monday, April 10, 1972 where students of all racial, ethnic and eco­ residents. So it is up to us to take whatever nomic backgrounds can learn to live in a strides are necessary to make our town ac­ Mr. CLAY. Mr. Speaker, much furor pluralistic society. Realistically, under today's ceptable to the folks who are looking for new has been raised since the President's an­ conditions, this ·can only come about through locations. We cannot afford to wait for some­ nouncement calling for an end to the equitably taxation and redistribution of one else to make the first move. If we do, that busing of students. In fact, my office has funds over relatively large geographical areas time might never come and we could be left been flooded with mail from constitu­ and a workable plan for student exchange. in the lurch as the march of progress leaves The public school system of America, be­ us behind. ents opposing the President's stand. cause of its unique and far-reaching social Many of those who have written me see infiuence, must become one of the primary that the busing issue is being used as a institutions to assume an active role in "THE COMING STORM"-A smokescreen to conceal the real under­ changing attitudes of racial prejud!ce which RESOLUTION lying objective-that is, perpetuating ra­ result in racial discrimination and :mppres­ cial injustice. sion of minority citizens. I want to share with my colleagues Please examine this matter carefully and some of the views which are now coming initiate decisive unprejudicial action which HON .. EARL F. LANDGREBE out of my district. The first of these is will truly affirm the great principles upon OJ' INDIANA which this nation was founded--equality, a letter which I received from Mrs. Mau­ liberty and justice for all. We would appre­ IN THE HOUSE OF REPRESENTATIVES reen Berle, president of a St. Louis or­ ciate prompt notification informing us of Monday, April 10, 1972 ganization called Action Against Apathy. your plan of action. The second is an editorial address de­ Sincerely yours, Mr. LANDGREBE. Mr. Speaker, Dr. livered by Dr. Lawrence Nicholson, pro­ MAUREEN BERLE, N. Burnett Magruder of Louisville, Ky., fessor of psychology at Harris Teachers President, Action Against Apathy. the executive vice president of Christian College, on KMOX radio in St. Louis. The Heritage Center, sent i:ne a copy of a last one is an editorial comment which BUSING-WHO NEEDS IT resolution that was passed by the Ken­ appeared in a recent edition of the St. (Recently, KMOX Radio broadcast an edi­ tucky Legislature recently. I think that Louis Post-Dispatch. Hopefully, these torial opposing busing of school children to this recognition of the providence of God comments will serve as enlightenment to achieve racial balance. The following is a is most fitting in our trying times. For statement opposing the Station's editorial those who purport that an antibusing stand by Dr. Lawrence E. Nicholson, Profes­ this reason, I insert the resolution into amendment will solve today's educational sor of Psychology at Harris Teachers College.) the CONGRESSIONAL RECORD: probleins; in reality, it can only create Most Americans don't like the idea of bus­ THE COMING STORM-A REsoLUTION To REc­ additional havoc: ing school children to achieve racial balance. OGNIZE THE PROVIDENCE OF ALMIGHTY GOD MARCH 28, 1972. When tested against Gallup's nose-counting IN THE COMMONWEALTH OF KENTUCKY AND DEAR MR. CLAY: We, the members of Ac­ standard, the idea of busing indeed goes THE ScHOOLS tion Against Apathy, a St. Louis based orga­ against the "American grain." Whereas, the Preamble to the Constitu­ nization comprised primarily of white sub­ But when measured against our 200 year­ tion of the Commonwealth of Kentucky ex­ urban residents concerned with racial in­ old remarkable experiment in men governing presses gratitude to Almighty God for civil, justice, are extremely dismayed with Presi­ themselves and searching for the guidelines­ political and religious liberties we enjoy; and dent Nixon's position statement on "busing" the means by w~ich people of different racial, Whereas, we teach our children in the of 16 March 1972. The President's promise to ethnic and economic backgrounds can learn Pledge of Allegiance to the Flag, that this · deal with providing equal educational op­ how to live harmoniously together-the de­ is "one nation under God"; and portunity while desegregating without fur­ ception that draws our attention to busing Whereas, we date all transactions accord­ ther busing did not materialize in his mes­ as an end, rather than as a means, is ex­ ing to the birth of Jesus Christ, A.D.-"in sage to Congress 17 March. We urge you to posed as a racial polarizer. tbe year of our Lord"; and consider in depth the matter of school de­ The real issue, as Senator Mondale has Whereas, we recognize as did President segregation and initiate meaningful legisla­ pointed out, is our willingness to accept inte­ Lincoln, the word of the Psalmist, that a tion which will confront and resolve the grated schools. nation is blessed "whose God is the Lord;" true issues before us-racial prejudice, dis­ KMOX Radio stated busing just does not and crimination and continued suppression of work. The editorial fails to point out that Whereas, it is evident with each passing minority group people-within the context we've only minimally, and half-heartedly day that our schools and our system of gov­ of equal educational opportunity. tried busing-that the media reports these ernment will surely fail without God; The moral and legal principles set forth half-hearted trials in an adversary and con­ Whereas, public polls now show an over­ in the Declaration of Independence and the fiicti ve manner! whelming majority of the American people Constitution of the United States assert the In metropolitan St. Louis the community favor the historic recognition of Almighty fundamental rights of equal opportunity, for too long has permitted its public schools God in the public schools; and freedom of choice, and pursuit of a dignified to reinforce social class and racial divisive­ Whereas, this issue of the Rule of God in and fulfilling life. The facts are, however, ness. The Mallinckrodt School fiasco of a few America transcends all partisan and sec­ that through active and passive co-operation, years ago; the Yeatman Froebel busing con­ tarian divisions; white Americans have historically denied frontations at the beginning of the school Therefore, be it resolved,· that the Sen­ these rights to minority Ameircans and have year illustrate my point. ate of the General Assembly of the Common- excluded them from full participation in so­ St. Louis' long period of official busing, wealth of Kentucky: , ciety. Anti-busing statements, please for "lo­ prior to 1954, was designed to isolate white 1. Hereby requests the Honorable Gov- cal control," and cries of "Federal interven- children from black. The bitter fruits from April 10, 1972 EXTENSIONS OF REMARKS 11991 that policy is our present day adult racial "The deception that draws our attention to spread tragedy, and it is hardly any exagger­ suspicions, fears and hates. Since 1954, we've busing as an end, rather than as a means, is a ation to say, in paraphrase of Winston had a splendid opportunity to test the several racial polarizer," he says. "The real issue is Churchill, that never has so much done so hypotheses that would help us to predict the our willingness to accept integrated schools. little for so few. factors that could enable busing to succeed. "The bitter fruits from past policies of seg­ SUBCOMMITTEE STUDIES PLANS The offi,cial policy remains one of busing for regation is our present day adult racial sus­ expediency. Major institutional decision­ picions, fears and hates." A subcommittee of the Senate's Labor and makers-industry, religion, education, civil A measure of the racism involved in the Public Welfare Committee, under the chair­ rights leaders-have been non-responsive to busing controversy is that many people op­ manship of Sen. Harrison A. Williams, Jr. this travesty. posed to busing would be even more opposed [D., N.J.], has been engaged for nearly two Will we continue to exalt the angry re­ to integrated neighborhoods where every kids, years in an intensive study of American pen­ sponse by the middle-class? The ideological of whatever race, could wa.lk to the school on sion plans, preliminary to the introduction segregationist response by black separatists? the corner. It's pretty evident that neither of remedial legislation. Or wm we get on with the business of testing Mr. Nixon nor Mr. Wallace is calling for al­ Studies made by the committee's staff the means-including.busing-by which our ternate forxns of integration. Or talking about show the dimensions of the problem. One chUdren and youth can come together in a a pluralistic -society. analysis of 51 pension plans covering 6.9 mil­ natural setting and under desirable guidance Sammy Davis Jr., after his conversion to lion workers found that, since 1950, only 4 learn the behaviors essential to harmonious Judaism, used to tell a joke that Americans per cent received "any kind of normal, early, living together in metropolitan St. Louis? could laugh at. "I got on a bus in Miami and or deferred" benefits. Another study of 36 the driver said, 'Go to the back of the bus.' better-structured plans covering 2.9 million I told him, 'I'm not a Negro. I'm a Jew.' He workers concluded only 8 per cent received [From the St. Louis Post Dispatch, Mar. 27, said, 'Get off the bus.' " normal, anticipated benefits. 1972] That may not tickle minorities quite so Such figures indicate that 92 to 96 per cent BUSING ISSUE MISSES THE POINT much as the campaign traU winds on toward of those 34 million "covered" American work­ (By Jake McCarthy) November, and as "white supremacy" ers are not getting their retirement benefits breaths its deep new breath in the land. [though it must be added that of those who President Nixon said at the outset of his forfeited their benefits, 85 per cent in one term that he wanted to bring us all together. study and 80 per cent in the other had five But obviously not on the same bus. years service or less]. As with most issues that are fanned into It has become common in negotiating raging controversies in election years, the PENSIONS: A CRUEL MIRAGE FOR labor contracts to accept a lower hourly wage question of school busing, which Mr. Nixon _MANY increase in return for better fringe benefits, and George Wallace both claim as their own, especially pension protection. But the files misses the real point. of WUUams' subcommittee and the public But both candidates-and others who are testimony it has taken are filled with pathet­ falling over each other in imitation-realize HON. ELWOOD HILLIS OF INDIANA ic stories of workers who had relied on the it is a hot issue even if it appeals to the worst pension promise as a bedrock guarantee, then instincts of a nation that has historically pro- _ IN THE HOUSE OF REPRESENTATIVES found that it was as evanescent as the pro­ fessed to be a place for everybody; Except, of Monday, April 10. 1972 verbial pot of gold at the end of the rain­ course, niggers and greasers and injuns and bow. Bohunks and Polacks and Dagos and Chinks Mr. HILLIS. Mr. Speaker, there has Individual stories illuminate the virtu­ and Micks. been a great deal of conversation during ally infinite ways a pension can be lost and So now, despite the slick veneer of inno­ this session of Congress on pension pro­ the many booby traps that exist in pension­ cence, we face the most blatantly racist presi­ plan fine print. This is the way it happened dential campaign since Reconstruction. tection legislation. It appears to me that there has been to Joseph Origlio. Surely since the opponents of A1 Smith in Origlio was born in Messina, Sicily, in 1904. 1928 brought racial, ethnic and religious fears enough conversation; now is the time for His wife oom.es from Palermo. In 1.929 they to the fore. action. There are several bills before the emigrated to the United States, seeking the The busing issue is so infiamatory because House Committee on Education and better life. Origlio was ·a skilled craftsman, a it involves children-still our most precious Labor which would protect the pension maker of fine shoes, and he worked steadlly commodity in a cynical world. But for every plans for our Nation's workers. · for shoe factories in New York City. He was white parent tormented by the question, a It is my hope that one of these meas­ a charter member and one of the founders of black parent is even more agonized over the ures will be brought before the House for the United Shoe Workers of America. For 23 issue. years he piled up pension credits, and he and The 1954 Supreme Court decision on school debate and vote. his wife, who worked pa.rt of this time in desegregation overturned a lot of history but Thousands of workers are paying into dress factories in Brooklyn, began to make it didn't originate busing. Every black high pension plans expected to reap the bene­ pla.ns for their retirement. school student in St. Louis County used to be fits. Unfortunately, unless some legisla­ bused miles to Summer High School in St. tions is enacted, many of these men will PURCHASED ACRE OF LAND Louis and back. · not receive these benefits. They purchased an acre of land on the out­ Vernon E. Jordan, Jr., executive director CYf skirts of Lakewood, N.J., had a cellar dug and the National Urban League, pointed out re­ I recently came across an interesting a foundation put in and roofed over. Then. cently that "about 40 per cent of all students article in the Chicago Tribune. I hope on weekends, they worked to finish a base­ are bused to school for reasons that have that each Member of the House of Rep­ ment apartment in which they could live. nothing at all to do with desegregation ... resentatives and each Member of the They expected to raise their retirement home and many white parents today put their Senate will take the time to read this: above these basement quarters, finishing off chUdren on school buses that drive past PENSIONS: A CRUEL MmAGE FOR MANY the interior themselves. integrated public schools and stop at all­ But automation hit the shoe industry in white segregated private schools." The real (By Fred J. Cook) 1959 and changed the life of Joseph Origllo. issue isn't busing as such. It is the meeting Joseph Origiol, short, stocky, his English Along with many others, he was thrown out of the races. larded with a heavy accent, spent more than of work, and he was then 55, an age that The dilemma of the black community 40 years pursuing the American dream, and made it almost impossible for him to catch comes from its commitment to black identity the failure of that dream has now driven on with a new employer in a labor-glutted in the aftermath of school integration-The him to seek refuge across the ocean in his market. For three years and 10 months-­ realization that little black children ought native Italy. those 10 months were vital, as it turned not be forced to become just like little white His story symbolizes the fate that has out--Origlio was unemployed. Then the busi­ children. overtaken countless American workers who ness agent of Local 60 of the United Shoe The split was highlighted last week in Con­ have faced old age and retirement confident Workers found a job for him with the Evans gressional hearings when Roy Wilkins of that they would be well protected by pension Shoe Company in New York. During. the job­ NAACP opposed Mr. Nixon's proposed ban on plans in which they had participated most less years, Origlio had found it impossible to further busing while Victor Solomon of CORE of their working lives-only to find that their keep up his union dues. Once he was work­ went so far as to propose separate black promised pensions were a mirage. ing again, he offered to pay the back dues, school districts. More than 30 million working men and but he was told that all he need pay was a But to Lawrence E. Nicholson of Harris women, about half the American labor force, $15 reinstatement fee. Reassured, he worked Teachers College in St. Louis, the real issue now belong to private pension plans that from 1963 to 1970 and continued making re- comes down to whether we have-or should have accumulated an enormous $135 bllllon tirement plans. have- a separatist or a pluralistic society in in assets, roughly twice the amount of mu­ A one-and-a-half story house was framed America. . tual-fund holdings and one of the largest in above the basement apartment in Lake­ Nicholson says the problem is that we have reservoirs of unregulated wealth in the wood, and Origllo, his wife, and friends fin­ never made a true commitment within our American economy. ished off the interior. New furniture was pur­ educational system to test whether we can Probably in no other phase of American chased, and by 1970 the Origlios were ready really build a pluralistic society. life has fine print resulted in such wide- for retirement. They knew that they could 11992 EXTENSIONS OF REMARKS April 10, 1972 not live on their monthly Social Security erated-and it doesn't make much difference ment of $350. Such payments, he testified, payment of around $300; Origlio had a heart whether they are run by management or a ranged from a low of $197 to a high of $1,757, aUment, and mecUcation was expensive. But, union or by a Joint union-management paltry sums for older workers who found the they thought, they did not have to worry. board-the self-serving interpretation of job market virtually closed to them. With the pension and Social Security, they fine-print regulations can cost workexs the Tho the Studebaker case represents an would be an right. protection they believed they had earned dur­ extreme, the anguish and misery it demon­ Then the pension vanished. The fine print ing years of service. strated in such final form is common among in the union-administered pension plan The more pensions sacrificed in this fash­ workers who find themselves suddenly cut called for 25 years of continuous service. ion, the more money is left for fund manage­ adrift. Much of this distress is caused by the Origlio had had only 23 when automation ments to play with and the less its employer lack of vesting and portabUity rights. did him in. The pension plan, it was true, has to contribute to keep the fund solvent. SOME SENSITIVE CORPORATIONS permitted a break 1f a worker was unem­ The technical terms are important. One is ployed-but only for three years, and Origlio "vesting," the other "portability." Vesting Not all great corporations have been insen­ had been out of work those extra ~0 months. means that a worker who has labored for a sitive to the problems of long-time employes. As a result, he forfeited everything. single company for years, participating in its The Senate subcommittee was especially im­ An investigator for Williams• committee pension plan, is guaranteed the benefits he pressed by the Bank of America's broad sys­ went to Lakewood to interview Origlio and has accumulated and the right to begin tem of interlocking plans designed to pro­ his wife. drawing them when he reaches retirement teot is workers. THEY WERE DEVOTED age. In addition to a medical-dentail health Many plans have no provisions for vesting. plan, a liberal sickness-benefit plan, and a "They were a devoted couple; he wouldn't disabUity plan, Bank of America has a two­ even think of leaving her for one day to come If one company is merged into another, if there is an economy cutback and a worker part program to protect its workers in those to Washington to testify. Besides, they had "golden years" of retirement. worked out a plan. Living costs are much loses his job, if he has to move for health or family reasons, he loses all. Even plans that First is a family-estate plan, established lower in Italy. If they went there, they· would by the bank through a profit-sharing pro­ stm have their Social Security payments, have so-called vesting privileges often hedge them with so many restriotions that they be­ gram. Employes become eligible to partici­ they would rent their retirement home for a pate after three years of service and begin to good price and the combined incomes would come worthless. A plan may provide, for instance, that a acquire vested rights after they have been let them live comfortably. They had their in the program for two years. They obtain passage to Italy already booked-and they worker has a vested right to a pension when he has worked 15 years and is 55 years old; 1f a 100 per cent vested right after 15 years of sailed," the investigator reported. profit-sharing. Joseph Origllo and his wife are stm in Italy, he has worked 20 years but is only 45 when his job is terminated, he gets nothing. In addition, Bank of America has a regular and it seems unlikely they wm ever return to retirement plan, which provides for full nor­ America, the land of their youthful dreams. "Portability" assumes great importance in an increasingly mobile industrla.l societ:r It mal retirement benefits at age 65if the work­ Such individual tragedies happen-thou­ ers has been in the plan for 10 years. The sands of American workers who are in situa­ is highly unusual in today's economy for a person to work a.ll his life for one company. plan also contains a vesting provision, hedged tions far worse than Joseph Origlio's-be­ with an age Umitation, but a low one. cause there is no regulator legislation worthy In such fields as aerospace and electronics, mergers take place, contracts fluctuate, work Bank of America gives a worker a full of the name and because the chaotic pension­ vested right to his pension after he has been plan system, as it now exists, puts a premium opportunities change, and workers have to go where the jobs are. in the plan for 15 years and has reached the on sharp practice. · age of 40. The only legislation was passed by Congress Portability, then, is the means by which the pension rights a worke-1" has accumulated There are, of course, some dlasses of work­ in 1959 in the Welfare and Pension Fund ers who have no trouble collecting promised Disclosure Act. This act required merely that can be credited to him when he changes jobs; as it is now, he generally ·loses every­ pensions. Members of the armed services, po­ pension plans be registered with the Depart­ licemen, and firemen are assured of pensions, ment of Labor, as 34,000 now are; but it thing. CHAOS REIGNS TODAY usually after 20 years of service, because they established no rules and no checks on the are protected by governmental guarantees. operations of such plans, no provisions for The result of the chaos that reigns today Similarly secure are the inhabitants of the the insurance and safety of the funds, no is that the pension the American worker has executive suites of big business. Special pro­ been taught to consider a hard-and-fast guarantee for the protection of workers. visions are made for them. The result has been wide-spread chicanery. guarantee all too often beoomes a pha.nJtom. Summing up his committee's findings, WU­ Williams• committee has carefully refrained The guarantee is hedged with a forest of liams said: "It is inevitable that there win from hurling sensational accusations, taking "ifs" that were described to the House sub­ be critics who will characterize these hear- the attitude that it is merely hunting for the committee on labor by Thomas R. Donahue, . ings and the unfortunate witnesses as 'hor­ facts. But some of the facts it has uncovered assistant secretary of labor. ror stories' or 'sympathy cases.' These are are devastating. "In all too many cases the pension promise critics who find no fault with our private In a report issued in November, committee shrinks to this," Donahue said. "If you re­ pensions and who continue to assure us that investigators cited typical examples: main in good health and stay with the same time will cure the defects. If what comes A joint union-employer pension plan in the company until you are 65 years old, and if from the personal accounts and misfortunes the company is stlll in business, and 1f your transportation industry "has some $800,000 of these witn~ses is sorrow, then let us not in loans outstanding for which there is no department has not been abolished, and if only be compassiona-te, but also resolve to collateral;" a large data-processing manufac­ you haven't been laid off for too long ape­ find the way to better the life of those who riod, and if there is enough money in the turing company has invested pension funds have yet to retire." "in unsecured loans to the extent of fund, and if that money has been prudently WUliams and his aides feel that there is no $41,171,580." managed, you wm get a pension.'' justification for failures to produce on ap­ A major mining company since 1952 has When the Studebaker Corporation closed parent promises, and no reason to oouch pen­ been operating a pension plan that has its automobile plant in South Bend, Ind., in sion-plan provisions in intricate and legalis­ $33.3 million in assets, but $107 million in 1963, thousands of workers were jobless. Stu­ tic language. pension liabUlties; a ·major Southern utUltv debaker's pension plan had been in operation company, after 26 years of pension-ple.n only since 1950, and it had not begun to SYSTEM CELEBRATES ANNIVERSARY operation, has accumulated $66 milUon in accumulate sufficient assets to cover a.ll the Atter a.ll, the private pension system in fund assets, but is liable for $135.5 milUon in rosy promises written into union contracts. America will celebrate its 1ooth anniversary benefits. Repercussions from this disaster have been in 1975. True, its major growth began during A couple of transit companies have hit largely responsible for stimulating· congres­ World War II, when wages were frozen and upon a scheme under which each has used sional interest in pension-plan reform. labor contracts were sweetened by provisions $2 million in pension-fund moneys to under­ Lester Fox, a former vice president of Stu­ for pension systems. write its own mortgages or real-estate invest­ debaker Local No. 5, United Automobile Pension-plan experience thus extends over ments. Workers, and a member of the union's bar­ severa.l decades, even if one takes World War A Midwest cable corporation has in the last gaining committee, described what happened n as a. starting point, and the labor subcom­ five years charged off to "administrative when Studebaker closed down in December, mittee thinks the kind of injustices it has costs" more than 33 per cent of the amount 1963. uncovered should no longt'r exist. it has paid out in benefits. A Midwest ut111ty The pension fund amounted to $24 mll­ In July, subcommittee aides sat down with company has reduced its pension-plan con­ llon, and $21 million was required to pur­ the secretary of labor, James Hodgson, and tributions by $20,000 annually since 1962 as chase annuities for workers who had retired detailed for him the mass confusion, lack of the result of "actuarial gains" made because or who qualified for a pension, men· 60 years understanding, and persona.l tragedy and dis- workers who left the company and the plan old with 10 years' service. This left more 1llusionment they had found. Perha.ps as a retained no "invested interest" in their pen­ than 4,000 workers to divide up the remain­ result, ~ Hodgson issued ·a directive calling sion contributions. ing $2.3 million. for revisions in pension-plan contracts. Fox himself had 20 years' service with Stu­ The secretary demanded that contracts CRUX OF FINAGLING debaker and had just turned 40. If he had spell out in clear and simple English the This last angle is the crux of much pen­ been younger, he would have received noth­ rights and obligations of workers--just what sion-plan finagling. As many plans are op- ing; as it was, he got a lump-sum settle- they can expect to receive and exactly how April 10, 1972 EXTENSIONS OF REMARKS 11993 they can lose out. It was an important first She also came to a quick decision. She had and fellow travelers, who glorify the Bed step. been scheduled to testify in the pension i:;J.­ philosophy, and advocate treason, sedition, In a recent speech before the American quiry; but now, wlth Anaconda treating her and even the violent-over-throw of our gov­ Bankers Assocl.a.tlon in New York, WUliams so well, she felt she could not. "How could you ernment. said, "The problems have been identified, and testify against the company you were working We who would choose to call ourselves the need !or reform-real reform-is urgent. for?" she asked. Americans must remain loyal to the four American workers !rom all oocupations and She went back to work Monday, but her basic freedoms guaranteed by our Constitu­ places in our country demand reform . . . boss was tied up in a meeting. On Tuesday tion-freedom of speech, religion, press and The challenge of reform today must become she saw hlm, and thls ls the way she d~scribed assembly, along wlth the myriad other God­ the a.ccamplished reform of tomorrow." what happened: given blessings we take for granted in this " ... I went up to his omce And he looked great land. To do less would be breaklng AFTER 30 YEARS, ALL MRs. KWEK GoT WAS up at me as if to say, what did I want? I faith with the countless thousands of those SYMPATHY asked him if he had come to any conclusions, who have made the supreme sacrifice Typical of what happens to many workers on this Job, what it would entail. He said, throughout our country's history, in defend­ who lose their pensions is the case at Mrs. 'Oh, the whole thing has fallen through. • He ing these precious ideals. Iris Kwek, who went to work !or the Ana­ made me feel as if the whole thing had Just The first day of May each year has been set eonda American Brass Company in Detroit been some sort of a hoax." aside by Presidential Proclamation, to be when she was 18 and stayed for 30 years. In subsequent testimony, Anaconda omclals known as Loyalty Day, to enable us to pause An intelligent, attractive woman, Mr. Kwek confirmed Iris Kwek's story. Unfortunately, and reflect on our great heritage of freedom had attended college at night and in 1970 they said, the company had had to econo­ and to renew our faith in, and loyalty to, the received a bachelor's degree in home -eco­ mize; there were no provisions in the pension great ideals upon which this nation was nomics !rom Wayne State University. She plan to Justify giving Mrs. Kwek any vested founded. could probably have obtained a .position that rights for 30 years of service. They were really In celebration of this great day, the Erie would pay more than she was earning at sorry, they told the senators, but there had County Council of the Veterans of Foreign Anaconda, but she felt secure in her Job-­ been Just nothing they could do for her. Wars is sonsoring its 23rd Annual Loyalty and there was that promised-pension. Day Parade in Tonawanda. N.Y. on Sunday, I! she continued to work !or the company Aprll SO, 1972 at 2 P.M. Parade forming on untU she was 65, she could count on a pen­ South Niagara and terminating at the Fron­ sion of $100 a week, and she calculated that, . LOYALTY DAY tiersmen Post 7545 Veterans of Foreign Wars, with her husband's smaller pension !rom the 110 Elgins Street, Tonawanda, N.Y. city of Detroit and their Social Security Knowing full well the interest our orga­ payments they could live well. nization has displayed in this program in the There was reason !or her attitude. Ana­ HON. JACK F. KEMP ·- past, we extend to you a most cordial invlta­ conda, she testified, at Senate hearings, had OF NEW YORK ton to again participate. You may return the btlled its pension program as "our second pay IN THE HOUSE OF REPRESENTATIVES enclosed blank at your convenience or no check." Anaconda's pension brochure, ex­ Monday, April 10, 1972 later than Saturday, April 15, 1972. hibited at the hearings, shows a young­ Thank you, and thank God for America I looking retired couple smUing happtly as . Mr. KEMP. Mr. .Speaker, this year the Sincerely, they examine a travel !older with the words 23d Annual Loyalty Day Parade spon­ Chairman JoHN M. DzLu.oSKI. "Italy" and "France" emblazoned on the sored by the Erie County Council, Vet­ Co-Chairman GLENN J. CooPER. cover. Iris Kwek wlll never sample such Joys on erans of Foreign Wars wlll be held on Anaconda's retirement plan. In 1971 some Sunday, April 30 in Tonawanda. hal!-btlllon dollars worth of Anaconda prop-_ I am looking forward to being a guest erties were expropriated by Chlle; company on the reviewing stand at the invitation THEFEDERAL WATER POLLUTION earnings were affected, and a sweeping econ­ of general chairman John M. Dzialoski CONTROL Ac:T omy-program was instituted. and cochairman Glenn J. Cooper. Cer­ One of the savings devised to help succor tainly the timing of this year's parade mighty Anaconda was the elimination of Iris Kwek. She was informed that she was being could not be better. HON. W. S. (BILL) STUCKEY As we see the daily results of Com­ discharged at the end of August. Since she OJ' GEORGIA was not protected by any vesting provisions, munist aggression in Southeast Asia, our she was to lose so years of accumulated pen­ loyalty is continually put to the test. It IN THE HOUSE OF REPRESENTATIVES sion rights. would be so easy to walk away and as I Monday, April 10~ 1972 Mrs. Kwek explained that Anaconda had said last October 5- given hourly employes vested rights; its Mr. STUCKEY. Mr. Speaker, on Without the American effort in Vietnam, March 28 and 29, I was on the floor of Canadian employes had vested rights. But the non-Communist Asian world might not salaried workers llke herself did not. exist; there would be no peace or freedom in the House almost con;:;tantly because of After Mrs. Kwek learned of her !ate, she Southeast Asia, and no hopeful era of nego­ my sincere interest in H.R. 11896, amend­ wrote Sen. Wtlliams, and committee investi­ tiations with Peking. ment of the Federal Water Pollution Act. gators began looking into the case, both with I hll.ve supported projects, both State her and wlth Anaconda. This led to what Mr. Speaker, I hope the members of and Federal, to help combat pollution of Sen. Jacob Javits [R., N.Y.] called "a little this House are not so naive as to believe comic opera bit.' Mrs. Kwek explained: our air, land, and water resources and "For two months they literally ignored me, that eventual rapprochement with China helped pass this bill through the House although I continued to go to work every day is a one-way street. Let us make plain Interstate and Foreign Commerce Com­ and do my work. Many of the employes who to the enemy and the world that we be­ mittee. I realize the great need for a pol­ were being severed were taking tremendous lieve the President has been totally com­ lution abatement blll to protect-eur en­ time off. But one afternoon they called me mitted in his efforts to achieve a lasting vironment which would require Federal into the omce, and the plant manager said, peace and that he, at least in this cruci­ standards and enforcement and~ al­ 'Mrs. Kwek, something has come up.' I said, ble, has the backing and loyalty of a low industry reasonable time to conform. 'Oh, would you like me to price or do some­ unified American people. By so doing, we thing !or you?' He said, 'No. We found a Job, I voted on all of the amendments in and we shall be able to retain you.' I was can help bring that peace we all desire such a way that would keep this blll in­ amazed--after two months of literally ig­ as well as the return of our never to be tact as reported from the Committee on noring me-he said, 'Yes. Would you consider forgotten POW's and MIA's. Public Works. It was necessary for me to taking a Job?' I said, 'Certainly.'" At this point, I again congratulate the leave the floor to talk with some con­ The manager explained it mlght not be Erie County VFW and include their stituents and when I returned after hear­ quite as good a Job; Mrs. Kwek didn't care, statement on loyalty: she wanted it. This conversation took place ing the two bells I did not realize that the on a Friday-just one hour after a subcom­ LoYALTY DAY vote had already closed and, therefore, mittee staff member had questioned Ana­ DEAR FELLOW AMERICAN: The de:flnition Of missed the opportunity to vote for this conda ofllclals in New York. loyalty 1s quite clear and simple. It becomes very important piece of legislation. Al­ In Detroit, Mrs. Kwek was told to come complicated only when someone tries to dis­ though after checking with fellow col­ back the following week to learn the details. tort it with anti-American propaganda. leagues, I was not concerned about its She went home relieved, and, she testified, Loyalty means the individual's :fidelity and chance of passage, I just want to be on "The whole weekend I was thinking that tenacious adherence to government, prin­ things were going to work out fine. I had a ciple, custom and practice. It is the absence record as one of those that has supported good night's sleep for the first time in a of any subversive thought or action, such as this legislation both in committee and month, really." that displayed by Communist Party members on the floor of the House. 11994 EXTENSIONS OF REMARKS April 10, 1972 A NEW FARM FABLE ·. esting article comparing CAB regulated air­ and for the national independence of line fares (129.6) with the ICC regulated his country. bus fares ( 136.1) . Laying the magazine down, she went into the bedroom and put on her Proof of the respect the Hungarian HON. PAUL' FINDLEY new dress (143.8) and picked up her new Cardinal enjoys in his exile is re:fiected OF ILLINOIS handbag (140.2) and went out to do her in a telegram sent him by President Nix.on which read: IN THE HOUSE OF REPRESENTATIVES shopping. Christine was a. careful. grocery shopper. It is a pleasure for me to extend to you Monday, April 10, 1972 She bought flour (100.9), rice (110.3), cook­ congratulations and best wishes on the oc­ ies (109.7), steak (123.1), liver (118.3), ham Mr. FINDLEY. Mr. Speaker, as the casion of your eightieth birthday. May your (111.4) and chicken (110.1). She picked up celebration of this significant anniversary author of the book, "Federal Farm ice cream (106.1) and butter (105.8). She find you in good health. Fable," I have a special interest in fables bought apples (109.9) and onions (108.6). that relate to agriculture. Here is a new She hesitated a.t the lettuce (152.1), but then one that deserves wide attention. It is recalled that weather had been bad in Cali­ based on the Bureau of Labor Statistics' fornia's lettuce farming country. To this she added canned pears ( 117.3) , LA CAUSA AND AGRffiiZ: BLATANT Consumer Price Index for February 1972, canned pea.S (108.5), and frozen broccoli INJUSTICE and the Budget for the United States. (118.5). A bag of sugar (114.3) and a couple The Index has as its base 1967 prices of cans of chicken souup (106.9) rounded equaling 100. In each instance in the out her food purchases. From this point on, HON. WILLIAM F. RYAN fable the bracketed number is the current Christine was not the wisest shopper. OF NEW YORK index for the immediate aforementioned She bought napkins ( 128.4) and toilet IN ·THE HOUSE OF REPRESENTATIVES item. paper (124.8). She picked up a cola drink (127.8) and a. chocolate bar (130.7). Dunga­ Monday, April 10, 1972 CHARLEY CONSUMER AND THE CONSUMER PRICE rees for Junior ( 126.1) and slacks for Sis INDEX: A FABLE FOR PHASE II ( 131.1) brought her trip to the supermarket Mr. RYAN. Mr. Speaker, on March 9 in One bright morning last week, Charley to an end. Fresno, Calif., the National Labor Rela­ Consumer was awakened by his Japanese Downtown, Charley had just finished lunch tions Board filed an injunction agaillS>t clock radio (98.4). The first thing he heard in a restaurant (128.9). Heading back to the the United Farm Workers, seeking to en­ was the news that food prices had reached office he stopped off at the tailor shop to 122.2 on the Consumer Price Index. Hearing join their secondary boycotting of retail have his slacks (137.1) hemmed (131.8). stores, and in so doing, seeking to pro­ this, Christine Consumer turned over and 01). his way home later that afternoon, said, "That's outrageous. I'm going to write Charley stopped at his favorite bar for a hibit their use of the one effective tool for my Congressman (141.6) ." While she was drink (129.0). He missed his bus, so he had improving their desperate condition. It talking she didn't hear the newscaster report to take a. cab (132.8). Upon arriving home, is not often that a labor dispute as­ that the overall index was 123.8-less f~. Charley found that Christine had decided sumes such a gross proportion of im­ 124.2. they should stay home and watch TV (99.7). morality. Charley pulled on his shoes (119.9) and After dinner, they settled down to watch a put on his suit (125.6) and went out to the The NLRB's action runs contra.ry to a news special on the federal government. They 37-year-old policy which explicitly ac­ kitchen. He checked the new sink installed learned about projected 1973 spending by the yesterday (144.2) and remembered he had · U.S. government (160.7), about the 1973 fed­ knowledged the exemption of the United to call the furnace repairman (151.2) when eral debt (148.3), the 1973 interest on the Farm Workers from the National Labor he got to the office. He went to the refrigera­ debt (201.9) and about the income taxes Relations Act. When the NLRB filed its tor (108.3), took out some milk (116.4), pour­ (152.7) they and their neighbors would pay. injunction it contended that its inves­ ed himself a bowl of cornflakes (102.2) and Of course, the blame for this was laid on the tigations had uncovered a handful of put some bacon (114.0) and eggs (102.2) on Defense Department ( 112.2) and nothing was nonagricultural workers employed in to fry. said about the Depa.rtmentof Health, Edu­ Having done this, he went through the commercial packing sheds and rep­ cation and Welfare (197.9). resented by the UFW. This evidence, it living room he had painted last week (155.1) With that, Charley and Christine went to to the front door where he pickP-d up his bed and ended up discussing some of the claimed, should bring the whole union morning paper (130.8). The headlines talked day's events. After awhile they decided maybe under section 8(b) (4) of the NLRA that of an investigation of drug industry pricing at 122.2 food wasn't a bad bargain after all. deals with strikes and boycotts, and of for prescription drugs (101.2). Charley mut­ It sure fit into their budget better than which paragraph (B) prohibits second­ tered to himself, "What they'd ought to check their local government, the federal govern­ ary boycotting. are the hospitals, many built with taxpay­ ment or the new kitchen sink. Before falling As I said in my March 29 statement: ers' money (171.1), or the doctors (133.5) or asleep they wondered together whether or the dentists (130.6) ." He skimmed over an not they could ever save up enough money The NLRB's evidence is an awkward juxta­ item sho·wing average weekly earnings in to leave any to the kids. Charley doubted it, position of facts and figures. manufacturing (131.8) and then saw an ad . but just in case, he said he'd stop by and Local, nonagricultural winery em­ . urging him to buy fish ( 145.,0.) ...and- dE-y beans see his attorney tomorrow about making out ployees have often sought the UFW to (135.4) instead of beef (13ft.1) or pork chops a will (141.8). (124.2). represent them. In each and every case While eating his breakfast, the postman the union has refused in order to pre­ (146.6) rang and when he went to the door serve its status. he found his property tax bill ( 141.8) and CARDINAL MINDSZENTY For example, in 1968 it was alleged his city sewer and water bill (136.4). As he that the UFW represented a contingent opened his gas and electric blll (119.4) he of peanut workers who are statutory wondered 1f the ut111ty company shouldn't take over his sewer and water system. In HON. GERALD R. FORD employees under the NLRA. Injunctions disgust, Charley walked out to his new car OF MICHIGAN were threatened by the NLRB due to the (111.9) and drove to the bus stop. He rode IN THE HOUSE OF REPRESENTATIVES fact that the UFW would have then been the public bus line (150.3) because downtown under the jurisdiction of section 8(b) parking ( 138.0) was too high. While riding Monday, April 10, 1972 (4} (B) of the NLRA. Subseqently the along he reminded himself that he needed to Mr. GERALD R. FORD. Mr. Speaker, UFW-to protect their status of exemp­ fill his car with gas (105.7) that night and Cardinal Mindszenty recently celebrated tion from the NLRA's proscription of that he needed to make an appointment for secondary boycotts in section 8(b) (4) a tune-up (133 .6). his 80th birthday in the Pazmaneum in J\.leanwhile a.t home, Christine had started Vienna. Fortunately he is still in good (B) --dissociated the handful of peanut her day's activities. She picked up the phone health. He is busy writing a book on workers. The peanut workers then (113.5) and called the maid (136.4) to come Hungarian history and is making the formed a directly affiliated local of the in on Saturday. She then dialed a. babysitter final revisions on his memoirs. AFL-CI'J which dissolved within a year. (133.8) to come that night so she and Charley This courageous prelate aptly char­ The significance of this incident is that could go to the theater (137.1) or a drive-in acterizes the indomitable spirit of free­ it shows the UFW's desire to take any movie ( 143.5). After that she called the wash­ dom in Hungary that defies all forms of necessary measures to maintain its in­ ing machine repairman (138.4). With this done she poured herself a. cup of instant cof­ totalitarianism. He still feels supported dependence from section 8(b) (4) . In fee (125.5), lit up a. cigarette (133 .2) and by the moral conscience of the world in previous instances the UFW has proven looked through the latest issue of her favor­ his uncompromising stand for human that they would not nothing, absolutely ite magazine (124.9). It contained a.n inter- dignity and individual and church rights, nothing, that might endanger their ex- April 10, 1972 EXTENSIONS OF REMARKS 11995 emption from the NLRA's secondary Tenneco, the Bank of America, the Pacific thing else to fight the NLRB's injunction. Gas and Electric Company, Purex, and Delores Huerta and Richard Chavez have boycott provision. United Fruit. These giant coroorations re­ gone to Washington to lobby and untangle Another argument of the NLRB and ceive millions of dollars each year in sub­ the politics behind the NLRB's decision. Andy the Free Marketing Council-a consor­ sidies from the government for not growing Imutan ha.s gone to Baltimore and GU Pa­ tium of agribusinesses-is that the UFW crops, and then make large contributions to dilla to Philadelphia to mobtllze unions. And is acting as an agent of the AFL-CIO, the Republican Party in a rural replay of the Reverend Jim Drake has come to New York. which represents statutory workers as ITT-Justice Department arrangement. Drake, who has been with Chavez since defined in the NLRA. However, in Di An example of the concentrated economic 1962, believes it is a Republican Party deci­ Giorgio against NLRB the U.S. court of power the union has cha.llenged is J. G. Bos­ sion "made in the White House," to destroy well, who owns over 100,000 acres in the San the union. And so his strategy is to pressure appeals ruled on June 21, 1951, that: Joaquin Valley. Boswell is also on the board the GOP to back down. The Board found nothing in the record to of directors of Safeway stores, which has op­ "We don't have as much power or as much indicate that the Farm Union was acting as posed the boycott. In 1969 Boswell received money as the growers," Drake says. "It's hard an agent of the National Union within the $4 milUon from the Department of Agricul­ for us to find any pressure point on Nixon. meaning of the statute. ture for not growing cotton. He doesn't care a.bout the blacks. He's written off the unions, except for the Teamsters. All In Also, the Farm Workers have begun to addition, in :ftling such an injunc­ organize with unexpected success in the we have are the Chicanos, whose votes Nixon tion against the UFW, the NLRB is vio­ South. They recently won a good contract stlll thinks he can get. And our best hope is lating Public Law 92-80 which stipulates from Coca Cola, Minute Maid. The blacks of to convince some liberal Republicans to put that · the NLRB is restricted from ex­ the South, politicized by the civil rights pressure on the White House." pending their own funds to :ftle suit movement, are responding to the union even Presidential counsel Robert Finch prom­ against an agricultural labor union. more emotionally than the Chicanos and F111- ised the union last Tuesday he would "fix pinos of the San Joaquin Valley. everything in three days." Three days later The purpose of the NLRB is to provide he caJled the union and said he was power­ for the fair and equal treatment of man­ The union is now striking a 120,000-acre farm in Belglade, Florida, owned By W. D. less to do anything. Drake spoke to Senator agement and labor. By suddenly subject­ Polly, the former .Ambassador to Brazil, who Javits, but couldn't get a firm commitment tng the UFW to only the puniti·ve aspects contributed $26,000 to Nixon's 1968 campaign. of support. Other union leaders have talked of the NLRA, by having never allowed Other rich Republican growers in the south to Senators Brooke and Case, without receiv­ the UFW to obtain any of the protec­ fear that the union will organize the men ing much encouragement. Chavez, mean­ tions or benefits of the act, the NLRB is and women and children they have exploited while, has promised a march of 25,000 work­ being patently subjective in its motives for generations. So the attempt to break the ers on the Republican national convention union fits in with Nixon's resurrected South­ at San Diego. Also, the union is distributing and unfortunately so in its actions. Evi­ thousands of bumper stickers that say, "The dently there are those in the administra­ ern strategy of antibusing and keeping George Wallace out of the November election. Republican Party Hates Farm Workers." tion who would sacrifice justice and the "rhe attack on the union is also consistent Another major effort by the union has humble aspirations of 60,000 farm labor­ with Nixon's quiet policy of having the Pen­ been to :flood GOP National Chairman Robert ers for the price of political victory. tagon buy large quantities of grapes from an-y Dole with letters of protest. The goal is 250,- At this point I include in the RECORD California grower hurt by the strike. The 000 letters; the address is the Republican Na­ a column by Jack Newfield which ap­ Pentagon has increased its purchases of tional Committee, 310 First Street, S.E., peared in the Village Voice on March 30. grapes, and now lettuce, by almost 200 per Washington, D.C. 20003. It sheds more light on the purpose and cent under Nixon. The grapes they bought The workings of the NLRB in the case are were shipped to Vietnam, where most of them interesting. Up untu two weeks ago, the predicament of the United Farm Work­ rotted in the sun on the docks at Cam Ranh Board has always ruled that the union did ers and I commend it to my colleagues: Bay. But the policy protected the growers, have the right to boycott since it was not [From the Vllla.ge Voice, Ma.r. 30, 1972] who reciprocated by making contributions to covered by existing labor legisla.tion. As late the Republican Party. as March 1971 the union received written LA CAUSA & AGRIBIZ-TO BREAK THE BEST confirmation of this policy in a letter from UNION IN THE COUNTRY There are between two million and five the previous General Counsel of the Board. (By Jack Newfield) milllon fMill workers in the United States. Their average income is $1,300 a year. Their Legally nothing has changed since then, the OUt of the ruin of the 1960's, one remark­ life expectancy is 49 years. Infant mortality union has the same contracts, the same fed­ able new institution and one remarkable among migrant families is 125 percent higher eral labor laws are on the books. The only new leader survived. Martin King and Mal­ than the national average. Death from in­ thing that changed were Nixon's appoint­ colm X and Robert Kennedy were murdered. fluenza and pneumonia is 200 percent above ment of Peter Nash, the union's lettuce boy­ SNCC and SDS and the Beatles fell apart. the national rate. Death from accidents on cott, and its new organizing drive in the But the United Farm Workers Union and the job is 300 percent above the national South, culminating 1n its contract with Coca cesar Chavez endured, and grew, and be­ average. Over 95 percent of farm workers live Cola, signed on February 8. came the one tangible thing we could point in housing--often buses, tents, or, in the On March 9 Nash went into court to take to and say, this is good, this works, this is South, ancient slave shacks--tha.t have no away the union's right to boycott. Federal an example of the world we want to create. toilets or showers. And most migrant children District Judge M. D. Crocker has scheduled But now the life of the union-La Causa-­ start work in the fields at age nine or 10, grow a hearing on the NLRB's petition for AprU is in sudden danger. Peter Nash, the new up uneducated, destined to become the next 6 in Fresno. Reverend Drake thinks the court General Counsel of the National Labor Rela­ generation of dispossessed: process can take many months, but if the tions Board (NLRB), has gone into federal Ten years ago, Cesar Chavez began to orga­ NLRB wins, damage suits by growers would court in Fresno, California, to seek a nation­ nize farm workers in central ca.Iifornia. The bankrupt the union. wide injunction against the union's rlgh·t to grape strike started in 1965. In August of The union's case is summed up in a mexno organize consumer boycotts. The boycott has 1970, afte"r ja111ngs and beatings, the union from its-lawYers, Jerry Cohen: "Morally, the been the union's source of strength, !ts mass, finally signed contracts with the major grape board's decision to move against the farm­ non-violent support tactic for the powerless growers near Delano-La. Huelga had finally workers 1s indefensible because rarmworkers and vulnerable workers in the fields. Without won. have no rights under the National Labor the boycott, the union could never have won Today the United Farm Workers holds Relations Act. What the Republican Board 1s !Jts grape strike. about 200 contracts covering 40,000 farm saying now is that even though ~armworkers Nash, who was appointed by President do not ha.ve any rights under the Act, farm­ Nixon last August, has close ties to agri­ workers, and has 350 organizers working for $5 a week, plus food and housing, in the workers wm now be inhibited by the re­ business; he once served as counsel to food strictions of the Act, and speclftcally denied and wine conglomerates Del Monte and fields of Florida, California, Texas, Arizona, and Louisiana. A boycott of non-union let­ the use of our only effective non-violent tool, Brown-Forman. The farm workers have never the boycott. This of course is the only substi­ enjoyed the protection of the Labor Relations tuce is now in effect across the country. Act. But now they are being punished under In addition, the union has begun the Rob­ tute we have for the rights granted to all one part of the law-the restriction against ert F. Kennedy Medical Plan to insure its other workers, which wlll stlll be denied to us. secondary boycotts of supermarkets-after members, a credit union, two health clinics, "Legally, the Board's action denies farm­ years of being excluded from all its protec­ an Economic Development Fund to build workers the equal protection of the law tions and benefits. low-income housing for retired farm workers, guaranteed by the Fifth and 14th Amend­ That is the narrow legalism of the situ­ and recently opened La Paz, a retreat, orga­ ments to the Constitution. This is also an ation. The politics and finances of it are that nlzers' school and education center located in lllegal attempt by the Board to abuse its Richard Nixon, has packed the NLRB with the hllls east of Bakersfield. equitable powers to issue cease and desist pro-business appointees, and now the agri­ orders against alleged Taft-Hartley viola­ business tycoons are trying to break the best And perhaps most importantly, the union has brought a feeling of dignity and pride tions. Finally, the Boe.rd is violating its statu­ union in the country. And by agribiz I mean tory mandate not to spend any taxpayer the banks and conglomerates which actu­ to the poorest of the poor. ally own the fertile land of ca.Iifornia-- The union leadership has dropped every- money on agricultural labor disputes... 11996 EXTENSIONS OF REMARKS April 10, 1972 THE SAM ERVIN SHOW ers are sometimes careless regarding contra­ eluding journalists, from irrelevant and op­ dictions. pressive discovery. All of us think well of heady products and Still the press professionals postulate that HON. ANDREW JACOBS, JR. this publisher is no exception. I'm reminded their work papers are exempt from discovery. OF INDIANA of Omar Khayam's line: The real test of deceit is found in work pa­ "I wonder what the vinters buy, one-half pers. Take an actual case. The reporter's IN THE HOUSE OF REPRESENTATIVES so precious as the stuff they sell?" notes, and his manuscript, were the opposite Monday, April 10, 1972 Note also this statement: of what was published. Other real examples "Almost any responsible newsman, with can be furnished. Mr. JACOBS. Mr. Speaker, I insert in adequate experience, is a better judge as to The press claims privtlege as to sources to the RECORD the following items, "The what is irreparably damaging to the coun­ which its publications are attribued, claim­ Sam Ervin Show," by Laurence Leamer, try than any public official, including the ing a parallel to doctors, lawyers, ministers and published by Harper's magazine's President." (Max Frankel, New York Times and spouses. If it is published and it is March 1972 edition together with a let­ correspondent, speaking of The Pentagon material in a legitimate tribunal, the assert­ Papers, as quoted November 12, 1971, p. 7c, er should not be kept secret. I base this ter to the Honorable SAM J. ERVIN, JR., St. Louis Post-Dispatch) upon the time-honored concept of one's U.S. Senator, written by my father, Hon. Granted, arguendo, but President Nixon right to face his accusers, not the "public's Andrew Jacobs, Sr., a former Member of was chosen to make these decisions, just as right to know," which the professionals here Congress invited by one Mr. William Harry Truman was our President when Alger ignore. Besides doctors, lawyers, ministers Pursley but not accorded the opportu­ Hiss also unilaterally made certain decisions and spouses receive communications in con­ nity to appear as a witness at the "Free­ for all of us. fidence. If the press receives a tip in con­ dom of the Press" hearings before the I am a Democrat and 'for 25 years I have fidence, let it be so. If it wishes to publish Senate Constitutional Rights Subcom­ openly opposed our military involvement in accusations, let it seek prior confirming Asia. But neither Presidents Johnson or sources ready to so say in court, or else drop mittee in February 1972. Nixon is untruthful. I understood what they the case just as the government must when The material follows: were doing and opposed it (ask Senator so confronted. FEBRUARY 17, 1972. Mansfield) . The organized, or commercial press is no Hon. SAM J. ERVIN, Jr., The Pentagon Papers will go down as his­ exception to other callings, e.g., law and Chairman, Subcommittee, Committee onrthe tory's greatest political "alibi." Apart from medicine, in rejecting legal restraint. This Judiciary, Old Senate Office Building, publishing raw documents calculated to be­ proves journalists are human. And this is Washington, D.C. tray agents, and diplomatic notes calculated sufficient reason for withholding all their Subject: United States Senate Committee to embarrass our government, there was quests for immunity. The quest of the press on the Judiciary, Hearing on Press Free­ nothing new bearing upon either the prag­ is ancient. John Peter Zenger asserted it in dom. matic or moral justification of our military 1735 (American Heritage, December, 1971, p. DEAR SENATOR ERVIN: "Media" reports in­ intervention. 37). dicate you heard little beyond their profes­ I prefer that President Nixon, not Max The ancient claim is further evidenced by sionals. Your Mr. William Pursley told me Frankel, make these decisions, and I am dis­ Benjamin Franklin's denunciation of it in the "media" did not report the testimony tressed to hear high officials abuse him and 1789. But the press has, and duly employs, from the other side. As I said to him, "Surely praise the thief and the fences in this case. the best instrumentality for propagandizing the •media' wouldn't deprive us of the 'right Another of many, many examples: such claims. There is no adequate instru­ to know'?'' "Some, indeed, find it incomprehensible, if mentality to counteract its demands save Undoubtedly had the following views been not unpardonable, that these newspapers courageously clear thinking legislative and presented, some "medimp" imbued with themselves accepted prior restraint on their judicial officials. And their performance is "spiritual values" would have "pointed out" freedom to publish under order of the lower not quite perfect. the aberrations of the witness. courts." (Report of Sigma Delta Chi's free­ While the entire subject intrigues me, I I have handled a few Ubel cases for both dom of Information Committee, as reported especially wish to present another view r~­ plaintiff and publisher, the only one now November 13, 1971, in the Indianapolis News) garding defamation law. open being defense of a dally newspaper. Some find it incredible that any district However, with only brief references to None has been very profitable, but always in­ judge would deem himself competent to in­ earlier years, I wtll discuss only the two teresting, hence my intrigue with the subjeC't. terpose his judgment for the President's. I formulae employed in defamation cases dur­ The remedy I have advocated would rectify shudder to think of some judges I know be­ ing the last 25 years. The first was the Speci­ defamatory wrongs in all but the most vile ing so empowered. ous Per Quod Rule (1944-1959), now dead. cases, without suit or damages. Some also think that all men, including The second is the 1964 New York Times Rule, Since your Subcommittee wa.s apparently journalists, should obey the law. This view sttll alive and moving rapidly toward de indifferent to these views, I now present them is held by eminent journalists. (Ask Martin facto press immul)ity. "ex parte," with no apology for the length Hayden, Detroit News). The Specious Per Quod Rule, being dead. of this letter. Opposing views had much bet­ These quotes·tend to prove that the vocal needs no extensive discussion. A brief de­ ter opportunity to be heard. segment of the press perceives itself above scription wtll mustrate how the law can ~ Vocal segments of most callings equate the law. distorted to placate powerful interests in their interests with that of the public. Hence, So did the mob which proclaimed its in­ legislation and litigation. they postulate that the publtc interest de­ tent to shut down the United States Gov­ Th~ Rule prescribed that if the accusation mands their freedom from most, if not all, ernment. was couched in language requiring provincial legal restraint. Generally they recognize that Both denounced those who invoked the or other explanation, the only special, not vis a vis other callings, one man's freedom to la.w. general, damages could be recovered. This act is balanced by other people's right to be I believe this vocal segment of the press would, in a practical sense, eliminate almost free from wrongful acts. constitutes a small minority. all defamation cases. As an example, in Pea­ The organized press is not exempt from The keystone in the arch of justice is com­ body v. Barham 52 Oal. A. ~2d) 581; 126 P. this occupational hazard. Its ability to pub­ pulsory process. But lately we are told that (2d) 668, the publication asserted Peabody licize its views generally, without fear of compulsory process, as applied to journalists, married his aunt. The court stated she could equal or effective response (even before leg­ is a violation of the First Amendment. And have been the widow of a deceased uncle, islative committees), has tended to silence, we find Judges and legislators dancing wt­ hence no blood kin, which would have elim­ and in some cases enlist, officialdom to the tendance to this specious tune. inated the incestuous character of the union; point where the public interest, and even the Of course subpoenas may be oppressive, to hence, it was necessary to negative such pos­ best interest of the press, suffer. anyone. Ancient rules provide relief from sibility in the complaint. Since this was ex­ As examples of these enormous claims for such abuses for everyone, including journal­ planatory matter only special damages were legal immunity, note this publisher's views: ists, as every lawyer and most other educated recoverable. Some 15 years later this, and "When these two amendments clash-and people know. other such decisions, were expressly over­ it seems they clash only when publicity­ In recent years our jurisprudence has been ruled, by name. seeking lawyers stage the collision-the First enormously improved by expanding the rights The Specious Per Quod rule first gained Amendment must take precedence over the of discovery, and forcing lawyers to use this wide acceptance in the mid-1940's. At its in­ Sixth Amendment, because without the First simple pre-trial search for truth. ception Professor Charles Carpenter referred Amendment the Sixth Amendment would If we still litigated under the old "surprise to it as: become a mockery of justice." (Emphasis witness" legal culture, where any resembl81nce " ... a new creature ... ugly and illegiti­ added). (Eugene C. Pulliam, Publisher of In­ to a search for truth was coincidental (as mate and ought promptly to be strangled." diana and Arizona newspapers, quoted in his we st111 largely do in criminal cases) , our (Southern California Law Review, Vol. 17, Indianapolis Star January 9, 1966). courts would be so cluttered that any justice p. 347.) One would suppose that in this context would be a happenstance. "In agreement were almost all objective (trial by press) it would be publicity-evad­ But lately the vocal journalists are pro­ legal scholars." (40 Harvard Law Review 323, ing, not publicity-seeking lawyers. Since no claiming their immunity, from discovery. 3 and 35 Yale Law Review 1022.) one has an opportunity to respond, publish- Again ancient ru1es protect all people, in- Nevertheless the Specious Rule held for 15 April 10, 197~ EXTENSIONS OF REMARKS 11997 years, before the courts recognized its ugly Supreme Court as early as 1842. White "· before publishlng." (St. Amant v. Thompson, illegitimacy and strangled it. (McLeod v. Nichols (1842) 44 US 266, 291. It was the law 20 L. ed (2d) 262, 267.) Tribune Pub. Co. (1959) (Cal.) 343 P. (2d) in every state; it so remained untll New York In 1967 the court inferentially struck 36); Hermann v. Newark Morning Ledger Co. Times in 1964. down the time honored rule of Respondent (1958) (N.J.) 40 N.J. Sup. 420; 138 A. (2d) Probable cause is stm the fulcrum of de­ Superior. This was General Edwin Walker's 61, 74). fense in all other accusatory wrongs, such case. Associated Press' own correspondent The last time I heard of this rule's being as abuse of process and malicious prosecu­ filed the story which AP modified in a sub­ urged (unsuccessfully) was in 1961, just 3 tion, wrongs which, coincidentally, are gen­ stantial respect. The opinion does not dis­ years before the New York Times rules were erally committed by individuals, not the close which version was the correspondent's promulgated. press. and which the re-writer's. Since both the The Specious Per Quod Rule was more im­ In "Times" the court laid the burden upon correspondent and re-writer were AP serv­ munizing than the New York Times defa­ a public official to prove not only falsity, but ants, AP had knowledge of the falsity. But mation rules, soon to follow its demise. How­ that the publisher knew the accusation was the court held there was no evidence of ever, the constant expansion of the New York false or recklessly disregarded whether it was "malice," which it legally defined in Times Times rules is tending to make it as immu­ false or not. (11 L.ed (2d) 706). as knowledge of falsity, or rackless disregard. nizing. In the ensuing 8 years the court has made Apparently conscious of this obvious insuf­ The United States Supreme Court admits that rule applicable to virtually everyone, ficiency in its argument, the court added its modified rules in New York Times will however private and obscure his role in life, that there was no evidence of "personal preJ­ result in: providing the press dubs him newsworthy. udice" against General Walker. (338 US "Occasional injury to reputations . . . Having thus set up much higher defense 130, 141 18 L. ed (2d) 1094, 1103). (which) must yield to the public welfare breastworks for the publisher, the court went Under Times ..knowledge," not lll wlll, was although at times such injury may be great." farther. It rejected the "preponderance of the requisite element. (N.Y. Times v. Sullivan (1964) 376 U.S. 254, evidence" rule (only in defamation cases) General Walker's several cases aga.tnst AP's 281; 11 L.ed (2d) 686, 707). for a new rule of "convincing clarity." (11 subscriber newspapers could not succeed The court's further postulation that such L.ed (2d) 710). under the Times rule. The court decided injuries are infrequent betrays an innocence Thus it not only raised the height of the aga.lnst him ln the AP case on the .. no per­ of life in the "hinterland," and our concept breastw9rks, it required the aggrieved to sonal prejudice" doctrine, expressly rejected of individual justice, as contrasted with that clear its top course without profaning it by in Times, and Garrison (1964) (379 US 64: 13 of totalitarianism. so much as a swipe of a toe nan. L. etl (2d) 125) and Collins (1965) 380 US 365; Since the court chose to legislate, it should It also unconstitutionally prescribed its 13 L. ed (2d) 892.) have prescribed rectification procedures by own authority to "review the evidence" and General Walker was not a publlc officlal, retraction of false accusations, instead of en­ judge the case under its new quantum rule. but was held to be a public figure and hence couraging unredressed defamation. (11 L.ed (2d) 709). his case was governed by the Times rule. Such procedure would afford fair-minded So it spurned the constitutional prohibi­ The Columbia Journalism Review (Sept.­ journalists, a majority I think, even greater tion against courts overruling Jury findings, Oct. issue) proclaims the Times case led protection than these new rules. It would and downgraded God's commandment .. . . . to a near demise of libel laws." also provide a rectificatio~ for those suffering against bearing false witness, a precept em­ ..Near demise" is a rather precise appraisal. cruel wrongs, some of whom even the Jus­ braced by all cultures of all times and in all Later decisions virtually administered the tices admitted they consciously left hostage places, from the lowest aborigines to the coup de grace. Not quite, but almost. to the court's concept of public welfare. The highest civlllzations. The Hl11 famlly was thrust into the lime­ Congress, constitutionally commissioned to Most disturbing was that one-third of the light when abused by desperadoes. Time, Inc. legislate, might conclude, as did the Found­ Justices held that there should be no remedy published, regarding the incident, falsehoods ing Fathers, that "public welfare" is not whatever for defamation, however vne. even embarrassing to the family, especially to the served by destroying the reputations of in­ when published with full knowledge of young daughter. The Hll1s had shunned pub­ nocent people. At least Congress should con­ falsity and with none but the most depraved llcity. The father obtained a Judgment, which sider the question. motive. the Supreme Court reversed., holding that the These new rules are so unnecessary, be­ In effect these three Justices proposed to New York Times rule applied to these obscure cause those who can defame effectively. To so grant immunity to the most vicious defama­ people just as it did to public officials, be­ prescribe would only require indecent pub­ tion. They would permit a large newspaper cause they were newsworthy, even years later, lishers to do what decent publishers do any­ to accuse a local tax official of crimes untn after they had fled their Pennsylvania home way. The indecent ones would only lose face, he lowers its assessment and thereafter pay to New York. (Time, Inc. vs Hill 385 US 374; not money, unless they refused to retract, in him, as its puppet, with a good press. Or to 17 L. ed (2d) 456). which case, Why all the sympathy for them influence a criminal to falsely accuse his In 1971 the rule was applied again. This instead of an innocent person whose reputa­ jaller of crimes in return for influencing a prompted James J. Kilpatrick to say, ln the tion was shredded? judge to release the criminal, all because the Washington Evening Star (June 20, 1971), Even if, as the court asserted, such wrongs jailer refused to violate decent police prac­ that he didn't think the "old self censorship" are infrequent, our concept of justice and tices as a favor to the publisher. so bad a thing, because the dignity and worth of the individual, These examples are not fictions. They oc­ ..... false statements can damage individ­ makes the court's decree abhorrent to all de­ curred. ual reputations and we know it." cent people. It is folly for a civllized. society to forget Many expressions of this kind demonstrate Certainly those with national constituen­ that power may be used for evn as well as that journalism, like other callings, ls, for the cies will seldom be so sacrificed. Their public good, or to be gulled into believing that any most part, made up of decent people. defense is inevitable in the multitude of pub­ calling precludes such abuse. The First Amendment prohibited lications across the land. Presently, under discussion of Pirst Amend­ " ... any law abridging the freedom of The case is different for the more obscure, rrumt mean!ng, we shall see how one of these speech or of the press." especially those residing in the numerous three Justices misquoted honored and Our Founding Fathers were erudite and one-newsoaper communities. These include learned authority. capable of prescribing the same absolute im­ large metropolitan areas, with multitudes the Thus, for the defamed, was wrought, not munity for the press as they prescribed for aggrieved cannot reach. To speak of solving the de jure immunity these three Justices religion, and in fewer words, which they these cases in "the market place of Ideas" is advocated, but nevertheless a narrow en­ never wasted. pure sophistry. Accusations, not ideas, con­ trance and a high hurdle into the Temple of Every scholar knows ..freedom. of speech stitute defamation. Ideas, even weak and im­ Justice, a semi-de facto immunity for the and press" was, and is, a legal term of Art. p-metical ones, attract many advocates. A publisher of libel. It did, and does, not free one to defame an­ shredded reputation is a helpless soul in the Perhaps piety impelled the use of the Bib­ other, nor to steal commercial formulae, Ut­ preoccupied and lonely crowd. Ileal "eye of the needle," as the model for erary works, nor even security materials-at As Mr. Justice Harland wisely said: entrance into the Temple of Justice. least before the Supreme Court again extend­ "The dangers of unchallengable untruths Yet when one observes the concentration, ed tJnmunity to the New York Times, et al. are to well documented to be summarily dis­ and the c.>nsequential affiuence and influence Benjamin Franklin denounced such a. con­ missed." (Time, Inc. vs. Hill (1967) 385 US of the press, he ·is tempted to the impious cept, and with biting sarcasm suggested as 374, 408; 17 L.ed. (2d) 456, 478). conclusion that the court snatched David's a balancing freedom "the liberty of the cudg­ The doctrine of qualified privilege pre­ slingshot and gave it to Goliath. el." He denounced the claim that the press scribed exemptions from damages for one In Times the court hinted, without clearly was privlleged to conceal its source for de­ who, with probable cause, believed an untrue holding, that a newspaper was under no ob­ famatory matter. (Biglow, Works of Frank­ lin, Vol Xii, pp. 129-134). accusation, made only to those having a ligation to investigate before publishing de­ legitimate interest in the premises. "If by the Uberty of the press it was under­ (11 L. ed. (2d) 710, 711). As examples, good faith, but untrue, ac­ famatory matter. stood merely the Uberty of discussing the cusations to Lodge members regarding Lodge By 1968 we find the court saying: propriecy of public measures a.nd polltlcaJ affairs, or to the publlc regarding conduct "Reckless conduct is not measured by opinions, let us have as much of it as you to public officials. whether a reasonably prudent man would please; but if it means Uberty of affronting, The quallfied privilege test, of probable have published or would have investigated calumniating, and defaming another, I, for cause, was embraced by the United States This was in 1964. my part, own myself willing to part with my 11998 EXTENSIONS OF REMARKS April 10, 1972 sha.re of it whenever our legislators shall since Buchanan ( 112 years) has been the Thus the provenience of the hearings held please to so alter the law, and cheerfully immediate target of an assassin-two misses, last November by Ervin's Constitutional consent to exchange my liberty of abusing one wounded and four killed, being one in Rights Subcommittee, hearings that were others for the prlvllege of not being abused every five President since 1860, murdered in later scheduled to resume in February. The myself'." omce. Senator didn't need to explain anything to Thus wrote America's most honored pub­ How thoughtful of the Court to encourage Basklr. The staff members are very much his Usher and the Grand Old Man of our Con­ more calumny. And how.thoughtful of those people, and Ervin knew they would set up a stitutional Fathers, just 12 days before Con­ holding hearings upon "freedom of the free-press hearing that would do him proud gress approved our Blll of Rights. .(Federal Press" to ignore the question. and conform to his vision of what freedom of Gazette, September 12, 1789). Of course, those hurling hate at public the press is all about. One of the Justices, advocating absolute omcials don't urge assassination. They set immunity, quoted Judge St. George Tuck­ the tone for accusations vUe enough to make LEARNING OF LmERTY er's Commentaries (1803), as follows: a guttersnipe blush. The relationship be­ Sam Ervin's notion of Uberty has evolved "F9r a representative democracy ceases to tween harsh language and harsh acts is too from. hls life in Morganton, North Carolina exist the moment that the public function­ real to be ignored. (population 10,000). Morganton sits on the aries are by any means absolved from their Rudyard Kipllng understood: western edge of the Piedmont Plateau. It's responslb111ty to their constituents; and this stm the kind of place where a man can go up happens whenever the constituent can be "They never told the ramping crowd to to his neighbor and speak his mind; a man restrained in any manner from speaking, card a woman's hide, can even start his own newspaper if he writing or publishing his opinions upon any They never marked a man for death, pleases, and if he wants to write that the what fault of theirs they died. moon is made of blue cheese, that's fine too, public measure or upon the conduct of those They only said, intimidate, and talked, who may advise or execute it." (p. 297) and anyone who agrees 'With him can buy then went away, (Emphasis added). (11 L.ed (2d) 718). the paper. Of course everyone may criticize anyone's By God, the boys who did the work As a boy Sam Ervin was addicted to learn­ conduct but the court approves immunity, were braver men than they I" ing and toy soldiers, his face full of twitches, ofttimes, for falsely accusing one of bad Respectfully, his arms full of books. His father taught him conduct. Is/ANDREW JACOBS, Sr. that the worst threat to liberty comes from Had the Justice turned the page he could THE SAM ERviN SHow government, and he helped to instm in the have read Judge Tucker's views upon boy a sense of independence and lndlvldual­ defamation. (By Laurence Leamer) ·ity as fierce as his own, a sense that tangled " ... the farmer, and the man in author- (NoTE: Laurence Leamer testifl.ed before with his son's shyness and reserve, and that ity, stand upon the same ground; both are Sam Ervin's Constitutional Rights Subcom­ he wore camouflaged, cloaked in the mores equally entitled to redress for any false mittee about the underground press. His and ~.anguage of the town. aspersions on their respective characters, nor testimony was based on his forthcoming When he returned to Morganton in 1922, is there any thing in our laws or constltu- book, "The Paper Revolutionaries.") Harvard law degree in hand, Ervin stlll had tlon which abridges this right. B:ut the genius Senator Sam Ervin, Jr., always gets good those simple country ways. He st111 had eye­ of our government will not permit the fed- and wound up talking about the dangers that brows that jittered up and down when he got eral legislature to interfere with the sub- computers pose to personal liberty, and so, nervous, and an occasional stutter, and in ject; and the federal court are, I presume, last May, he'd been glad enough to come court he depended on his wits and his equally restrained by the principles of the down to Atlantic City to address the fare­ stories, and not on any sort of thundering constitution, and the amendments which well luncheon of the Joint Computer Confer­ oratory. have since been adopted." (pp. 298-9, Appen- ence. He inclines to think of computer tech­ In those years when Sinclair Lewis was dix, Tucker's Commentaries). nlclans as men employed at dark sorceries, writing of Babbitt and Main Street, Ervin was Both Franklin and Judge Tucker saw the arranging data on coded tapes and thus a town booster, a patriot, a joiner, com­ plain distinction between opinion, criticism threatening ordinary citizens with a web of mander of the local National Guard unit, a or comment upon one's true conduct, and secret information. Mindful of the insidious member of the Masons, the Knights of criticism based upon false accusation. technology available to the members of his Pythlas, the Junior Order, the Sons of the All legal scholars agreed that one may, audience, the Senator gave them one of his American Revolution, the Society of the Cin­ without let or hinderance, criticize another's best speeches. He offered Biblical quotations cinnati. His was a patriotism and a booster­ conduct; but all agreed one is liable if he and some of his best down-home North ism that so far transcended the puerile, self­ falsely accused another of evil and. de- Carolina stories, but none of it took too well. serving ideals of the emerging industrial and praved conduct. Is this too subtle for -United The Senator is not a sophisticated racon­ commercial order that they scarcely should States Supreme Court Judges, Senators and teur, and anyway, everybody was in a hurry be spolten of in the same language. He could Congressmen to comprehend? to leave. almost always be found with a book in his If not, why the concern for powerful pub- No one really should have expected the hand, learning of his country, his county, licatlons and the unconcern for individual computer experts to take to Ervin, for the or his people. He traced his people back to victims? North Carolina Senator is just too confound- their Scotch-Irish origins and their arrival The Justice mentioned approved "critl- ed. old-fashioned. He is a lover of good food, in the colonies in 1732, and he traced back cism" thirteen times in his two and one-haif. of bourbon and ginger, and hard work; and the genealogies of his uncles, aunts, even dis­ page opinion, always without betraying the now, in his seventy-fifth year, the food and tant relatives-all tap-roots to his past. He slightest recognition of this distinction be- liquor, if not the work, show in his face. was not searching out nobles, notables, the tween comment upon the true conduct of a He has jowls deep as a goiter, a nose that making of a family crest, but a deepening person and false accusation of bad conduct. glows red on color television, age lines run- of his sense of the uniqueness and richness Such near de facto immunity as the Court nlng down the sides of his nose and along of the American experience. has decreed is suitable only in a society of his chin much· as they do on a ventrlloqulst's Ervin's vision of. a free press is both simple salrits where no evU existed, nor evU men dummy, hea-vy eyebrows that angle almost and profound; simple because •his ideas do to falsely so publish; or a nation of knaves rakishly down toward his nose, and a thick not venture far from the wo:d.d of·the Found­ where defamation would be complimentary mane of white hair that appears not the ab­ ing Fathers and the early printing. presses, or, finally, under anarchy, where each is en- sence. of color but its quintessence. In a profound because no·matter how the media titled to devise and execute his own remedy. word, his face is a perfect caricature of the · might defame his beliefs, his region, his very The rationale of these immunizing rules · old-time Southern Senator, and when ear­ being, his struggle to maintain a free press ls akin to the old vulture laws. Buzzards toonists draw his face, often they will soften continues with unabated zeal. cleaned carrion from the countryside, hence his features, not exaggerate them. His particular interest in the present hear­ we were forbidden to shoot them. Ergo, pub- Driving back to Washington in a spring ings was also encouraged by Walter Cronkite, Ushers clean carrion from omclaldom (ex- drizzle with three of his subcommittee aides, who, at about the same time the Senator panded now to include obscure people like Senator Ervin wasn't worrying about the re­ spoke to the computer technicians, came to the Hills) , hence they must be protected like ception the computer experts had accorded the Old Senate Office to expound the trou­ the buzzards. him. He was rambling on with Rufus Ed- bles of television news broadcasting. It was This logic has one fault. Buzzards are misten, a North Carolinian and a pretty de­ natural that Cronkite should come to Ervin, . reliable and stick to carrion. Some publishers cent yarn-teller himself reminiscing about for the Senator and his staff already had con­ don't. some old boy they had 'known back in the ducted hearings on the threats to freedom The Court postulates that we need free, mountains. Then, out of the blue, Ervin implied by computers, government dossiers, wide open and robust (obviously un- turned to Lawrence Baskir chief counsel and and the Army's surveillance of civilians. inhibited) debate. As though it wasn't under staff director of the con'stitutional Rights What Cronkite came to tell Ervin the the old rules! Subcommittee: "You know, Larry, I think Senator already believed: television should We know that almost without exception we better have hearings on the First Amend­ be as free as possible from governmental con­ vile words are harbingers of violence. The ment and freedom of the press. Why, I think trol. In his earlier hearings, as in almost press is not alone in authoring billingsgate, we should come right out and say that tele­ every speech, the Senator had described the but it is often the leader. What have been the . vision should be as free as newspapers. If modern battle between freedom and slavery fruits of our slander toward our leaders? One it's not a question of freedom of the press, as one being fought in a thousand govern­ of every three men we have elected President then it's a question of freedom of speech." ment oftl.ces~with newfangled legislation, April 10, 1972 EXTENSIONS OF REMARKS 11999 bureaucratic initiatives, and computer print­ be worse than having some freaky radical porters crowded the Senate caucus room. outs as the weapons of tyranny, and the Con­ jump up and down in front of the television Senator Ervin hardly noticed. Innocent of stitution as the last, be&t, and only defense of cameras making the Senator out as the the ways of the media, Ervin never realized liberty. guardian of the underground press, the Dan- that his staff had scheduled the committee In the Pentagon Papers case, for the first iel Ellsbergs, the Jerry Rubins of the world. witnesses to obtain maximum publicity. On time in the history of the Repubic, the gov­ The hearings would be, then, as Lawrence the third day the witness would be Walter ernment had sought, prior to publica.tion, to Baskir, the chief counsel, said, "a version of Cronkite. restrain a newspaper from printing critical freedom of the press cleaned up for the In their approach to the television cameras, documents. Police were posing as newsmen, Establishment." They would proceed as no two men could offer a more perverse con­ and the courts themselves had been sub­ ritual drama, in which, to a large extent, trast than Ervin and ·cronkite. Ervin's deep, poenaing the notes of professional journal­ reality is predetermined. (There 1s nothing lumbering mind would have served him well ists. Television had endured similar harass­ devious about this. Senator Ervin runs as over a century ago alongside a Webster or a ments. fair and open a hearing as is found in Con- Calhoun on a Senate floor where debate was A Jeffersonian liberal to the very marrow gress, but all hearings develop a kind of legal charged with vitality and importance. He of his bones, Ervin knew that as long as gov­ brief intended to convince Congress and the believes that the reality of a political event ernment kept even one small finger on free­ American people of whatever it is the com- is conveyed by the vigor of the ideas and the dom of the press, the day might well come mittee wants to announce.) truth of the arguments, not by the presence when government would reach out and crush Because the mass media accept the reality of the media. In this he is almost an anomaly, that freedom in its fist. The Senator is given of Congressional hearings, in much the same not only in the Senate but among Americans to hyperbole, and he believes the nation to way shopgirls once accepted the reality of generally. Even so conservative a man as be in the midst of a grave Constitutional professional wrestling, Ervin and his sub- Robert Byrd of West Virginia will play to the crisis. To Ervin the Constitution is the most committee entered into the customary collu- television cameras, having several paragraphs precious of American possessions, and he sion between press and government. The of sharp, graphic prose stitched into his speaks of it with language and emotion that hearings that were to have raised th~most usually florid speeches, an addition that reads are rarely heard these days even on the profound questions of press freedom ame like a television commercial-which, in a Fourth of July. • a convenient pseudo-event that various - sense, is what it ls. Ervin will have none of Cronkite's lament thus was hea.rd by a mentators, journalists, and politicians co that. With his long, rambling stories and man who believed that television had to be exploit for their own purposes. broad forensic gestures, he is an unmitigated a free marketplace for ideas as well as pro­ The irony was lost on Ervin. He distrusts Ctisaster on television. ducts. Liberal meddlers had already ended the modern theories of the press advanced He hurried into the caucus room just after tobacco advertising on television. Since to­ by people such as Walter Lippmann and 10:00 A.M., taking his place at the enormous bacco itself wasn't illegal, Ervin believed the Nicholas Johnson, the outspoken commis- felt-covered committee table that extended action to be unconstitutional, and many stoner o.a. the Federal Communications Com- through half the length of the room. He was legal scholars agreed with him. Then there mission. Lippmann once observed that the the only member of the subcommittee who was the fairness doctrine that said if you television networks are so powerful tha.t it bothered to appear on time. Sitting alone at aired one side of an issue, you had to give 1s as if there were only three printing the vast table, he began · in a voice that somebody a chance to air the other side. One presses in the entire country, a situation the seemed hesitant, an old man's voice. He wei­ U.S. Court of Appeals had gone so far as to Founding Fathers hardly could have en- comed Cronkite with his customary stateli­ rule that consumer groups had to be gi~en visioned. The Johnson argument holds that ness of phrase. air time to run ads countering commercials the networks constitute an information Cronkite read from a prepared statement for high-powered autos and leaded gas. Now oligarchy (60 percent of the American peo- his text as lean and crisp as that a! the CBS Women's Lib groups, ladies from Boston up­ ple say they get most of their news from Evening News. A man thoroughly familiar set about children's television, New Leftists, television) and that instead of a free.market- with the medium of television, he did not kooks, pressure groups of all kinds were lin­ place of ideas the networks operate a closed raise his voice. He pumped his every sentence ing up to get on the air. Conservatives, for shop, run by people to whom controversy full of spontaneity and earnestness. His ca­ their part, were talking about laws to make is anathema because it interferes with the ressed the medium, playing with it; and the sure television acted "responsibly." They business of selling things. "You simply have lights stayed on him, the cameras gorging were all good-minded people out to improve to make a distinction between government themselves with good film. society, but Ervin know they would end up controls designed to enhance freedom and "There are things we are not doing that destroying the very freedom they were tinker­ to restrain it," Johilson has said in response we ought to do," Cronkite began. "There are ing with. to the Ervin argument against government challenges we have not fully met." LOST mONY intervention. "The antitrust laws are regu- Cronkite had little choice but to read his lations that allow free enterprise to function. testimony. The etiquette of Congressional When Bill Pursley, a dedicated young law­ That's the kind of regulation we're talking hea.rtngs requires that witnesses provide yer on the Constitutional Rights Subcom­ about." neatly mimeographed statements to pass out mittee staff, began putting together a list The law appears to support Johnson. In to committee members, staff and particu­ of witnesses for the hearings, he took ac­ the 1934 Communications Act, Congress de- larly the press. The Washington press corps count of the Senator's opinions. The list of cided that the best way to apportion the feeds o1f press releases, news briefs, PR hand­ witnesses practically wrote itself. He couldn't public airwaves was to have the FCC make outs, and prepared statements, and some re­ have just one network president, although private licensees the temporary custodians of porters turn surly if a witness should dare he felt one would be sufficient; he had to particular frequencies. The licensees would speak extemporaneously. ask all three. It wouldn't be right to invite be free to make a profit, but in exchange the Americans seem unable to give to another just Walter Cronkite, so he asked all the public interest had to be served. man's ideas and feelings anything that bor- network anchormen. Then, let's see, there It is the FCC's mandated duty, then, to see ders on complete attention, and practically were the press associations, certain prom­ that this greatest of communications media everyone in the room was zooming in on inent Constitutional scholars, and by the does not become, or indeed remain, merely a Cronkite, then Ervin or a cameraman, a face time he'd gotten through there just wasn't conduit for selling soap and razor blades. "It somewhere, a moment or so scanning the that much time for anyone who might be is the right of the viewers and listeners, not room, back to Cronkite, fooling with the critical of the networks. the right of the broadcasters, which is para- realities of the hearing much the way one With this remnant of time, Pursley had mount," wrote Justice Byron White in ex- fools with a. home movie camera. Probably to be especially careful. Ervin was seeking pressing the Supreme Court's opinion in the no one in the room was listening to the testi- to educate the Senate, and nothing could 1969 Red Lion decision, the most important mony with quite Ervin's intensity. Many Sen­ and eloquent expression of this modern free- ators will sign letters, catch up on minor •In this perspective, it is no irony that press theory. "It is the purpose of the First paper work, even daydream at hearings, but Sam Ervin, adamant defender of the First Amendment to preserve an uninhibited mar- when Ervin is truly involved with a hearing Amendment, is also the Senate's most bril­ ketplace of ideas in which truth will ulti- he has an intensity of concentration that ls liantly effective opponent of civil-rights leg­ mately prevail, rather than to countenance awesome. They are no ritual to him. He learns islation. He takes as his dictum Justice monopolization of that market, whether it from his witnesses; and in other hearings on Brandeis' statement that "the greatest dan­ be by the government itself or a private 11- other days, he has learned things that have gers to liberty lurk in this insidious encroach­ censee. It is the right of the public to receive led directly to legislation. ment by men of zeal, well-meaning, but with­ suitable access to social, political, esthetic, In the past few years, almost despite him­ out understanding." In his tenacious defense moral and other ideas and experiences which self, Ervin has become something of a minor of State's Rights, Ervin is the best that is crucial here. That right may not consti- hero to the national press. The issues he Southern conservatism has to offer; his tra­ tutionally be abridged either by Congress or speaks to are of such importance that he gedy is the tragedy of his age and his class by the FCC." just can't be ignored. For the most partEr­ and the ideas they lived by. His hometown vin is pictured as an eighteenth-century lib­ has passed him by now; his grandson at­ FOOLING WITH REALITIES ertarian, an absolutist on questions of civil tends an integrated school; and the people Perhaps the most revealing encounter of Uberties, and an avowed opponent of strong there, black and white alike, are proud that the hearings took place on the third day. government. This is as much a caricature of the racial situation has worked out as well Several hundred spectators, half a dozen tele­ Ervin as was the earlier view that he was as it has. vision cameras, and more than a score of re- simply a ra.clst. Ervin's llberta.rtanism ls, in 12000 EXTENSIONS OF REMARKS April 10, 1972 fact, both constrained and subtle; his strug­ never attended a Constitutional Rights Sub­ Even before Barron began talking, Senators gle to preserve the meaning of the Constitu­ committee session before, and he would not Scott, Hruska, and Kennedy left the room. tion in a century rapidly approaching 1984 appear again at these free-press hearings. While he was talking the television camera­ is both magnificent and rather limited. Kennedy, who had spent something less than men were gathering up their equipment, It was perhaps inevitable that the media an hour at the previous day's session, would slamming film cameras into boxes. At least would stereotype Ervin anew since in recent not return either. Hruska was making his half the reporters had left or were leaving, years he has made his na,tional reputation first appearance also. • and most of the audience was slowly shuftling through his subcommittees, the committee After Hruska asked several questions, out of the room. system being in large measure a client of the Ervin called on Senator Scott. Unfortunately, "I have said before in print," Barron con­ media. In the post two decades, primarily by several of the television cameramen were tinued, "that I think it is one of the great exploiting the media, Congressional commit­ changing film reels. public relations triumphs of the twentieth tees have oohieved unprecedented and often "Thank you, Mr. Chairman," Scott said. century over the eighteenth that the broad­ nonlegislative power. They have come to serve "I will try not to say anything important, casters have managed to identify themselves as a surrogate press, but they are rarely neu­ Walter, until the cameras come back on." so completely with the First Amendment. I tral or benign in their interest. "I was wondering how you fellows stand think the problem comes because we are By merely reporting what committees do­ these lights," Cronkite said over the laugh­ groping for a Constitutional theory which not what they don't do-the :.1ational media ter of the audience. will somehow be adequate to the communica­ caricatures the whole governmental process. "We can stand the lights in view of what tion problem of the. twentieth century. I Ervin's hearings on the Army's surveillance they connote because they help us find our think all of our diftlculties stem from a11ather of civilians, for instance, appeared to be a way," Scott said. myopic view of what freedom of speech means frontal attack on the forces of illiberalism "Maybe we are like our old partner, a Re­ in broadcasting. I think the conventional view and the developing tyranny by dossier. That construction lawYer in North Carolina," said has been that freedom of speech in broad­ it was Sam Ervin, a hawk, a proponent of big Senator Ervin. "A lawYer lost a point of law casting is exhaustive when the freedom of­ military spending, a Southern conservative, arguing before him and he said that the speech of the communicator is protected. In in a word a patriot, who was leading the at­ more lights you shed upon him the louder other words, if Dr. Stanton, Mr. Cronkite, tack gave the hearings an unimpeachable he got. Maybe that is our condition." Mr. Reasoner, Mr. Brinkley had their say, credib111ty. In articles and editorials the press "I think that when I attend some of the then freedom of speech in America is safe; heralded their newfound champion of civil executive sessions of the Judiciary Commit­ but they are three or four people out of 200 liberties, but the press did not know or care tee," the minority leader said, and asked million. I don't think it is conspiratorial or to know that Senator Ervin had placed clear several .questions. anything like that; it is a combination of limits on just what his suboonuntttee was Senator Kennedy came next. "I want to the marriage of technology and the pressure to delve into. · extend a warm welcome to Mr. Cronkite as of the concentration of the economic system, well," he said, "and apologize that I was which has given them this enormous power. THEY HELP US FIND OUR WAY unable to be here for your statements and How could we be improved by outside mon­ I don't accuse them of seeking it, I realize for your comments." The Massachusetts in many ways they just find themselves at itors without destroying the independence Senator began by asking Cronkite whether which is essential for a free press?" Cronkite the throttle, but our problem is, what are the networks had been intimidated by the we going to do about it. . . . And it is noth­ asked. "Vice-President Agnew was right in Vice-President's attacks and by other asserting that a handful of us determine ing short of amazing to me for a representa­ harassments-the same question, as he tive of broadcasting to contend that now they what will be on the evening news broadcast~ · pointed out, that he had asked Dr. Frank or for that matter, which he didn't specify, should be free all regulations and yet they Stanton, the president of CBS, the day be­ don't suggest everybody should ·be licensed in the New York Times, or the Christian fore. Next Kennedy asked a question that Science Monitor, or the Wall Street Journal, anew as an original proposition. To that had been handed him by a subcommittee extent they are not wllllng to abdicate or or anywhere else. Indeed, it is a handful of us staff member. After receiving an answer he with this immense power, power that not one abandon government ald." thanked Cronkite once again. Barron is a man full of all that confounded of us underestimates or takes lightly." None of the Senators asked Cronkite the Cronkite is the great switchman shuttling liberal smartness, a man who, as the Senator questions that would have prevented his might put it, believes that all the wisdom in the truth on and along hls track at CBS as testimony from becoming solely a platform best he can, a noble, good, and modest man, God's creation is found on the banks of the for the networks' view of freedom. They did PCitomac, and Ervin had no use for his ideas. as impartial and fair 818 can be, or so his testi­ not seem to know that this should have mony implied. He danced through the pages, Yet he questioned him with just the same been a debate of historic proportion, that civlllty and purpose that he had shown to in turn concerned, worried, earnest; and he there was a decision known as Red Lion, that called for an end to the fairness doctrine. Walter Cronkite. The Senator hadn't noticed this was the first opportunity Congress and the cameras before when they were grinding Ervin's questioning, a colloquy really, the American public had had truly to grap­ seemed to meander on all around the issues away, and he didn't notice them now when ple with these monumental issues. they were quiet, and he spent a good half but, when transcribed and placed in the The Senators could have had an oppor­ written record, it would serve to deepen hour drawing Barron out, giving the man a tunity to learn sometlng of the other major chance to develop his case as fully and as Cronkite's and Ervin's view of press freedom. First Amendment theory, since the morn­ Ervin never even hinted that the scarcity profoundly as he could. He didn't quit until ing's second witness was Jerome Barron, pro­ one o'clock or so when he called a lunch break of network news and information programs, fessor of law at George Washington Univer­ which during the last fiscal year took up 2 so he could go over to the Capitol barbershop sity. Professor Barron's theory of public ac­ for his daily shave. per cent of total broadcast time, might have cess to the media has made him the best­ helped prevent a full and frank discussion known scholarly proponent of this con­ A COMMERCIAL FOR THE NETWORKS of public issues. Nor did he ask questions temporary free-press theory. The subcom­ There had been something so admirable, that would have led one to realize that mittee staff had only called Barron the pre­ so likable, about Senator Ervin and ·the man­ Cronkite had been less than candid. The vious afternoon, and he had not had time ner in which he conducted the hearings. CBS newscaster's performance had been to prepare a formal statement: "I was lucky Even those mountain·· stories, he couldn't masterly, but at times he had ridden that that I was able to hear most of Mr. Cronkite's resist telllng them but then he would hurry well-traveled border between deviousness testimony this morning, and I think the best through, the words spllling down his chest and truth where public-relations men make way for me to start is perhaps to give my so that much of the time it was impossible their living. He said there was far more reaction to it. I might borrow something to understand, but everyone would laugh diversity in radio and television than in from you, Senator Ervin, to frame that re­ anyway. When he talked of the meaning of print; however, as Fred Friendly, once Cron­ actto.n. Yo:u said the First Amendment was a free press--unaware of reporters or cam­ kite's superior as president of CBS News and drafted not only for the brave but for the eras or anything but his ideas, as if his very now the Ford Foundation's television con­ timid, and I would like to put an addendum words might reaftlrm belief in liberty-he sultant, suggested in testimony two weeks. to that. The First Amendment was not was truly inspiring. He belleved that the later, such assumptions were "suspect." drafted for the broadcast networks, and yet ideas of a Jerome Barron or a Nicholas John• Cronkite talked of "the wired cities of to­ I think really that is a conclusion which we son had a brllliance to them that had not morrow" when with cable television we "wiD got from· Mr. Cronkite's testimony." worn into wisdom, and that there was a· have an almost unlimited number of chan­ danger to Uberty in their solutions, but he nels avallabie," but he did not mention that did not see that they had come far closer the networks are fighting to cripple cable • Senator Hruska did appear regularly than he to understanding why freedom of television. from that day on and from his conservative the press in America. is so often such a sham. While Ervin and Cronkite were having perspective made as large a contribution to He did not see that in this anonymous, their discussion, Senators Roman L. Hruska the hearings as anyone other than Ervin. urban society the mass media are the vocal of Nebraska; Hugh Scott of Pennsylvania, the Senate minority leader; and Ted Ken­ Strom Thurmond (S.C.) was the only other ·chords of free speech. One hundred thou­ nedy of Massachusetts came into the room Senator ever to attend. The other subcom­ sand demonstrators can march in Washing­ and sat down at the committee table. At mittee members are: Birth Bayh (Ind.), ton against the Vietnam war, but unless least one or two of the Senators may have Robert Byrd (W.Va.), Hiram Fong (HawaU}, their protests make the evening news they · been attracted to the hearings solely by the John McClellan (Ark.), and John Tunney have no reality. Ervin believed that in the scent of the media. Scott, it turned out, had (Ca.llf.). long run broadcasters would be faJ.r. He cUd April 10, 1972 EXTENSIONS OF REMARKS 12001 not see that television is so powerful, and RAYMOND PACE ALEXANDER denied membership in any honorary society the diversity of ideas in America so wide, for stated reason." No Negro ever elected to that no man or small group of men can be membership." Two of the most esteemed pro­ given total control. He just did not see this, HON. JOSHUA EILBERG fessors resigned from membership giving my and he did not see that in his free-press OF PENNSYLVANIA rejection as the cause of their action. Whlle hearings Professor Barron and his ideas had a student at Penn, I met my wife, the then been denied their freedom of speech. IN THE HOUSE OF REPRESENTATIVES Sadie Tanner Mossell, a senior then who also That evening on the network news pro­ Monday, April 10, 1972 was graduated in 1919 after 3 years study grams, the TV reporters merely introduced with the highest honors. Thereafter Miss their films of Walter Cronkite and his rea­ Mr. EILBERG. Mr. Speaker, one of my Mossell (now Mrs. Alexander) was named to soned appeal for freedom of the press, fol­ most rewarding experiences in 24 years the Frances Sarjeant Pepper Fellow in Eco­ lowed by what appeared to be probing ques­ as a member of the Bar of the Common­ nomics and in 1922 received her Ph.D. in tions from Senators who, in fact, had not wealth of Pennsylvania has been my re­ Economics (M.A. in Educ. 1920), the first even heard Cronkite's full testimony. Ervin's lationship with the Honorable Raymond black woman in America to receive the cov­ hearings had been turned into a commercial Pace Alexander of the Court of Common eted Ph.D. degree. for the networks, and by the end of the first I wanted to study law and my heart had week he began receiving letters from people Pleas of Philadelphia. Judge Alexander long been set on Harvard. My Dean, always back home asking why he was supporting is well noted as a man of profound my friend, who warmly supported my elec­ the liberal networks. He wrote back saying scholarship devotion to the law, and de­ tion to honors on my commencement day at that he was only supporting freedom of the dicated activism in the pursuit of jus­ Penn, was surprised, when three days later, press; he did not understand how his very tice. A black American, Raymond Pace I, as a Red Cap (baggage porter) in the famed lineup of witnesses had made it easy for the Alexander was struggling to assure reali­ Grand Central Station, New York, again networks to use him and his beliefs. zation of our national ideal of equality warmly greeted him as he stepped from the NBC covered the hearings for seven of the Philadelphia Express. I escorted him and car­ eight days and ran testimony from seven of opportunity long before our present ried his 2 golf bags and 3 suit cases to the witnesses who in a broad sense could be con­ civil rights movement had a name. His famous Bar Harbor Main Express for his va­ sidered pro-industry as against two who were wealth of knowledge, his character, his cation. I told him of my plans for Harvard. not. Christie Basham, Washington producer integrity-indeed his whole lif.e from the No scholarships to that renowned law school of the NBC Nightly News, was trying to do Harvard of 1917 to the Philadelphia of in those days. He knew my financial problems what in the network's sense of the word was 1972-have been inspirational to all who and arranged with the then Chairman of a fair and responsible job, but once she ac­ have known him. Be they his brothers at Harvard's Dept. of Economics, Professor Ed­ cepted the reality of the hearings she just the bar who have been touched by his mund B. Day. to give me employment as his could not. "We tried to cover different and Professor Burbank's Assistant. (Professor points," she says. "We had a long cut of wisdom, or the "little people" of this Day later became President of Cornell.) Thus, Cronkite partially because he was animated. world whose lives are better for having I was able to study law with no financial wor­ By watching Cronkite's testimony you been touched by the kindness and com­ ries but my work in the college took many wouldn't have gotten the story of the hear­ mon decency of the man, his legion of hours which I would have much preferred to ings but you would have learned something. friends combine in paying tribute. devote to my law studies. However, all went You would have learned what Cronkite feels Some of those friends requested that well and I graduated with my class in 1923. about television. That's more valuable than Judge Alexander set to paper his story. There were 8 blacks in my first year at law what an outsider feels. Of course, it's an in­ This he did, and Verdict, the monthly school. Sdx were returning World War I vet­ teresting question whether we should be erans and all from Negro colleges, not too covering such hearings at all." In fact, if publication of the Philadelphia Trial well prepared. I was the only one that NBC, CBS, or ABC really had cared to define Lawyers Association, has published his graduated, I regret to say. the free-press issue by doing their own re­ "A View from the Bench." It is with Social life between the white law student porting, they could have done so in less than pleasure that I insert this memorable body and the blacks was totally non­ half the total time they spent on the hear­ article in the RECORD of the House. I am existent. In fact, there were no SOCial con­ ings. The same could be said for the print sure that my colleagues will be amazed tacts whatever between the black and white media since its coverage of the hearings was at the scope of this man's endeavors and law students. I learned when the student's by no means superior to television's. registry was published that at least one-half singularly impressed with his wisdom, of the first year class of 400 were from the During the hearings the public learned dedication, and abiding humility. You almost nothing about this historic debate South. They never spoke to the black stu­ over the nature of the First Amendment; and will see, I feel, why Raymond Pace Alex­ dents and even the pleasant and courteous Sam Ervin, a man for whom ideas and beliefs ander means so much to us in the "City Northern and Western students merely said a are almost tangible, helped to foist cliches of Brotherly Love." quiet "hello" and no more. Except for a and half-truths on the nation. For years the The article follows: miniscule number who might engage in a few words of conversation, my list of white integrity of his beliefs and of his earnest A VIEW FROM THE BENCH-BLACKS struggle to protect the Constitution had pre­ friends were almost exclusively the liberal AND THE LAW Jewish students who were our sincere good vented him from becoming one of the manip­ (By Hon. Raymond Pace Alexander) ulators or the manipulated. But with his friends. Law clubs denied Negro membership. new fame and the urgency of his struggle, he, The black law student and the black law­ We started a new black one (with a few too, was now part of the media apparatus. yer have come a long way towards being ac­ friendly Northern Jews as members) which Once Ervin and his subcommittee grew cepted as able, better than average and, in only partially filled this vacuum. It did not dependent on "news," they were living in a many instances truly brilliant performers in do well because of the paucity of black stu­ world where there were few boundaries be­ their respective fields since the cruel and for­ dents. My beginning class had the largest tween reality and unreality, and truth has bidding days of the 1920's, 1930's and early black entrants in history because 6 were War the consistency of cotton candy. 1940's. I speak from bitter experience. If per­ veterans, all on Veterans Allowances. The chance I become slightly auto-biographical, second year had 3, all Vets and one, the you will, I trust, forgive me. Your editor sug­ late, lamented and brilliant Charles Hamil­ gested that I write from "personal experience ton Houston, father of civll rights law and ... how have you been affected by discrimi- cases in America, Phi Beta Kappa (Am­ MAN'S INHUMANITY TO MAN-HOW nation ... what have you done ... to alleviate herst 1917), Law Review, H~d (1921), LONG? this ... (for) other blacks?" Additionally, former Dean, Howard University aw School, "can one be an activist within the ... was the first Black to make Harvard Law law?" Let me tell you like it was, and is, Honors. HON. WILLIAM J. SCHERLE today. I spent practically all of my time, when OF IOWA I am a native of Philadelphia, one of 5 not assisting my economics professors in pre­ children in a poor famlly whose mother died paring for their college exams and, more time IN THE HOUSE OF REPRESENTATIVES at my age of five. My father was unskilled, consuming, reading and grading scores of Monday, April 10, 1972 uneducated and with the help of an aunt examination papers weekly, in the Harvard kept the family together. My work days be­ Law Library. A warm friendship developed Mr. SCHERLE. Mr. Speaker, a child gan at age 12, but, at age 17, I graduated from with several Professors, particularly Dean asks: "Where is daddy?" A mother asks: the f~mous Central High School top of my Roscoe Pound and Professor Samuel Willis­ "How is my son?" A wife asks: "Is my· class. As Commencement Orator, my address ton. They inquired of me my future plans. I husband alive or dead?" was ironically, "Future of the American Ne­ gro" whose future then (1917) was dark and replied that I wanted to return to my home Communist North Vietnam is sadisti­ dismal. I won a scholarship to Harva'rd but (Philadelphia) to practice law. Answering cally practicing spiritual and mental was too poor to pay for room and board and their inquiry that I knew no lawyers in genocide on over 1,600 American prison­ accepted the alternate, the University of Philadelphia and had no contacts they, to ers of war and their families. Pennsylvania. I finished the four-year-course my surprise, offered to arrange such for me Howlong? I ln three years with highest honors but was and, quite co-incidental, they wrote letters \ 12002 EXTENSIONS OF REMARKS April 10, 1972 to the identical law firm, the most prestigious serious crimes with predictably guilty ver­ lishment were totally deaf to our pleas. Most in Philadelphia and sent copies to me for dicts. Many resulted in very unexpected ac­ of the few Negroes lawyers that we had were my use when I returned home. Of course, to quittals ... and most in just causes. I soon on the payroll of the Republican bosses and such highly regarded and eminent legal became one of the most active and ardent held political jobs and were mum. Others had scholars, the question of color or race was of trial lawyers at our bar. I was not satis­ a hard enough time making a. living. Penn­ no significance in such matters, hence, to fied with purely personal success and ac­ sylvania was well known as a. tough state to the addressees I was, assumedly, a "white colades and witness at the same time, the pa.ss its bar exams a.nd few Negroes took our Anglo-Saxon Prote&tant of scholarship and treatment of my fellow blacks being denied bar a.nd fewer passed. We hll'd no support character." Copies of their letters to the access to all public places such as restaurants, from the white press and while our churches Philadelphia law firm and the latter's very even the great Horn & Hardart and Linton supported all our cases, their leaders could generous thanks for such a reference were chains, lunch counters, hotels and theatres, not move the white establishment. Our given to me with every assurance that "from motion picture and legitimate, where seg­ highly regarded "Philadelphia Tribune" now on-all is well." I harbored serious regated galleries were the rule and this edited by the forceful and courageous attor­ doubts. And I was not mistaken. My last in "the cradle of liberty!!" I resorted to the ney, E. Washington Rhodes, and the liberal summer's "upper-level" work, summer of only way to stop these cruel practices. We "Philadelphia Courier and Independent" 1923, I was now up-graded from running as had a pitifully weak civil rights law in Penn­ edited by an equally able lawyer, Augustin a Red Cap to running on the train, the sylvania enacted in the 1880's. Criminal ar­ Norris, through their columns widely cir­ New Haven, as a Pullman Porter (and work­ rests were mooe time and again from 1924 culated the ugly practices of the establish­ ing sparetime "at the yards" helping A. until we were able, with the help for the first ment and helped us to get the legislature to Ph111p Randolph organize those poor $30.00 time of a Democrat legislature during the pass the bill that ended this disgraceful a month Pullman Porters) was now com­ Roosevelt sweep in 1939, to pass a b111 with conduct. · pleted. In between I took my Pennsylvania teeth and brains in it. Success in these cases against the estab­ Bar Exams (July 2, 3, 1923) and received Eight black legislators, all democrats, met lishment and, rather unusual success in the word of my successful passage of the same in my law om.ce in 1939 for this purpose. A trials of both criminal and civil cases over in August and returned to my birthplace of tough "no nonsense" bill was prepared and the years ( 1924-1945) brought angry and "Freedom in America"s to begin my practice. each pledged its full support. I went to repressive treatment against me by some of I wanted to be certain the addressee of Harrisburg and lobbied every member, even Philadelphia's leading defense trial firms, the letters was in the city so I telephoned the hard shell ones from Pennsylvania's bible many members of the District Attorney's Of­ my arrival and desire to see Mr. . X. I was belt. We succeeded. The b1ll passed by a flee and indeed, I say with profound regret, put through to a lovely-voiced secretary who comfortable margin. But in the very year some members of our judiciary, now long assured me that Mr. X was expecting me ot its passage a central city theatre denied since deceased. They just could not stand and hoped that 11:00 a.m. would be con­ entrance to two of our most prominent seeing a well .tra.ined, well groomed, courteous venient for me. It certainly was! Armed physicians and their wives. One doctor (Dr. and, if I must say, well mannered but strong with my letters, and in a nice blue serge F. D. Stubbs) was a Phi Beta Kappa from wllled black lawyer appearing before, as was suit, conservative cut and all, I nervously Dartmouth and M.D. from Harvard, first the custom in those days, all white juries and went to this grea,.t om.ce in the then tallest Negro certified general surgeon. His wife was winning his cases. And, more to their chagrin, om.ce building in Philadelphia where, as a University of Pennsylvania -graduate, con­ representing a large percentage of white one alights from the elevator one is right cert pianist and daughter of Philadelphia's clients, men and women, in their courts. in the huge waiting room. I would be un­ first Negro Police Surgeon and the first Negro This story is much. too long and too de­ truthful, if I said I expected a "Welcome member of our Board of Education. The tailed to discuss fully in this paper. But let it Brother" greeting. The receptionist doubted second physician (Dr. W. H. Strickland) was be known that during all that time I was I had a personal appointment with "Big Mr. the son of one of Philadelphia's oldest Negro fighting a political issue as well. Philadelphia A." "Oh" said I, "I do and here are my physicians, Chief of Staff of the Frederick was and had been Republican tor 67 years letters from Mr. X." So she went back to Douglass Hospital and his wife a graduate of until a few strong w1lled able Negro leaders, a room to consult, with my letters. I, by Pembroke. We arrested the theatre (Earle) mostly lawyers, I among them, joined hands intuition or suspicion followed the lovely · owners and won a consent decree, the last years before (in the 1930's) with a growing lady out of the corner of my eye. I was never of some 20 much meaningless decrees. Under number of liberal white Democrats. Ex­ asked to "have a seat" when a dozen chairs the old bill such decrees carried no dam­ United States Senator Joseph s. Clark and were vacant. And, moments later a second ages. However, those continuous and annoy­ Ex-Mayor Richardson Dilworth, were the looy opened the private door for only a ing arrests and in some cases convictions did leaders when, in 1948, 1950 and 1952, we moment and closed it. I still stood in the have .the effect of gradually weakening this finally broke the back of the corrupt Va.re middle of the floor. Suddently Mr. X came ugly and offensive conduct so that early in Republican Machine and put in a new liberal out of the private om.ce and greeted me the 1940's all such public places were otficial­ reform team. I was elected to the first new by "So, you are Alexander, are you? How ly declared open to all people regardless of ' Home Rule City Council in 1952, re-elected nice to know you." Then a long pause. Then, race or color. in 1956 and helped elect a Democratic Gover­ reading the letters silently and remarking I must not tan to mention an episode of nor, who in reward appointed me to this his­ "How nice of your Professors to speak so my life that followed soon after the re­ toric bench in 1959. We sent the first Negro well of you. But, I am afraid there has been jection by . Philadelphia's most prestigious from Pennsylvania to Congress, elected State a mistake. I'm very sorry. We can't use law om.ce that had much to do with my Senators, 8 to 10 members of the State House you." Courteously, he returned my letter, future in the field of law. After this experi­ and changed our City Hl'i.ll Court House in took me by the arm, slowly walked me to ence I phoned my then fiancee, now Mrs. Philad-elphia from lily-white to nearly one the elevator, pushed the button and booe Alexander, who was working in Durham, N.C. half black-and we love it I me "good bye." I was alone in the elevator as an Actuary for the North Carolina Mutual I have tried cases in many parts of the with the Operator and walked to the rear. Life Lnsurance Company. (She was under country against the greatest odds, handicaps Suddenly, impulsively, I burst out in a contract at Durham.) She decided that she and embarrassments. First, my own state flush of tears ... something I don't think would return to Phtladelphia the next year must be exposed. The famous Berwyn School I had done since my mother was laid 1n her and study law. We decided to marry in the Case (Main Line, Pa.) was a deliberate at­ grave at age 5. The Operator stopped the fall of 1923. I was earning enough in my tempt of Philadelphia's famous Main Line car and asked "Did something happen to practice, I felt sure, to support her, a home to segregate its public schools (including you? Can I do anything for you?" That and send her to law school. She then entered such beautiful areas as Ardmore, Bryn Mawr, morning, that meeting with Mr. X, that ele­ the U of P Law School in the fall of 1924. Haverford, Berwyn, Paoli, etc.) .. ·. names vator ride down . . . the operator's re­ Mrs. Alexander maintained honor grades to conjure wi~h. This was in 1933. The fam- mark ... will live with me, as it has, all my throughout and was elected to the U of P life. 111es of all the children in that wide area Law Review. But the then Dean would have (Chester & Montgomery County) came to me Yes, something did happen to me! I was none of it. However, a brilliant Jewish stu­ in Philadelphia. There was not a Negro at always one who believed the best of things dent whose father was a Professor of Law those two bars. At that time no Philadelphi­ could, with dedication and determination, rebelled and made it an issue. He won. My an could practice in any other county un­ result from hardship and disappointment. I wife was elected to the Review and gradu­ less he was admitted on motion of an attor­ decided then and there to go out on my ated in 1924 as the first black woman gradu­ ney in that particular county. The Consoli­ own without a single contact in law, black ate from Penn Law School and upon passing dated School in September 1933 barred Negro or white. I soon found not one om.ce build­ her bar exams a few months later was the children from entering and sent them to an ing, new or old, in the central city or court first black woman admitted to the Pennsyl­ old. dilapidated, fire-trap that had been house area or otherwise would rent to Ne­ vania Bar. abandoned when the new school was opened groes. To the Negro section I went and We have fought side by side the oppressive with money from the sale of County School rented a third floor bedroom on Philadel­ practices in force against the blacks in Penn­ Bonds for which black fammes also had to phia's famous "Negro" Lombard Street. I sylvania since my and her admissi':>n to our pay taxes. What to do? Those fine people, began by taking the "lost cause" criminal bar. And, unfortunately, we were alone. There many mothers and fathers working in the cases, particularly Negroes charged with was no A.CLU in those days. The white estab- homes of the wealthy fam111es of the Main April 10, 1972 EXTENSIONS OF REMARKS 12003 Line, some of those wealthy sitting on the and, scared to death, called his fa.mily in ever came into that airport as a passenger. School Board, wouldn't take that. I prepared Philadelphia. Thereafter they called me to Great news! And, he wanted a story. "Sure suitable Bi11s in Equity asking for a restrain­ represent him. I consulted my Harvard Direc­ 'nuf" as the Southerners would say, he gave ing-preliminary injunction and carried the tory. Time was important in such a case, so it a "big play" and when I returned home bllls and copies to the Court House. I knew I decided to telephone this lawyer. I told him · there I was, picture and all and the story. thf' law and I knew Chester County to be that we were fellow Harvard men and I But when we were airborne we ran into tur­ the most racist county adjoining Phila. The wanted him to move my admission. The bulence. You never saw how quickly those Clerk of the Court refused to accept the writs greeting was extremely cordial. He knew of stony, sallow-faced passengers, with rain and because I was not a member of that Bar. I the case because the little country paper lightning blazing in the sky, suddenly got tried to get several members of the Bar to had made it a big news story, a black man warm and friendly and so very conversant move my admission. They all refused. I from the North driving, of all things, a big with this black-total stranger. They even took it to the press. They publicized this in­ Cadillac causing the death of a little white commented "Sub., you shore are calm through glorious treatment of a Negro lawyer who girl. He said he would meet me at the airport all this. You must have great faith in this had a just and proper complaint who was but I told him I would not cause him this plane or the Lord." (I didn't show it, but I, denied, because of rank prejudice his basic trouble and we decided to meet at his office. too, was scared to death.) Then at least a right to have his case even filed 1ri court. Do From his voice I knew he was a "deep down half dozen of the men opened their brief you think that I was fiooded with volun­ Southerner" and I did not want him to know cases and took out some good old Southern teers? N'lt at all. But one single solitary who I was until I could see him face to face Bourbon and passed it all around. I passed gentleman of the bar, a former then retired and talk to him. it up. They even began calling me "Brother." District Attorney of Chester County, came ms office was, as expected in this little Draw your own conclusions. A.n old South­ to my support. Thank God for him! Then town, a one story affair with a large front ern myth is "It's aJ.ways good in time of for two long years, battling in Chester Coun­ room and an office in· the rear to which I was trouble or danger to have a black man in ty, rebuffed, then to Harrisburg to the At­ never invited to enter. There was a young your company." Ask a.ny World War I, World torney General of Pennsylvania for state lady at the desk when I entered. She went to War II or Vietnam Veteran. supported mandamus, then returning to the rear and took my card. The lawyer came Fina.lly, the pathos and horror of it a.ll. Chester County, back to Harrisburg and to the front room and said, "Oh yes, so you're When we arrived in Miami, three hours late, innumerable trips--all at night--at least 50 Alexander" (no "Mr." very reminiscent of Mr. my lawyer friend had left, thinking perhaps in all-to take testimony in various churches X in Phila. in 1923). "Oh, yes" (again). "Well, I had alighted at one of the stops. The cheer­ and after dozens of parents had been ar­ the court doesn't open til 10:30 a.m. It is ful passengers, knowing the ai.rpo.rt, teamed rested and fined for keeping their- children now 9:30. The Court House is just 2 blocks up and took the few taxis that had waited. out of school. Yes, after 2 years of effort down the street (pointing to it). I'll meet They never thought of this black "Brother" ( 1933-35) we won and there was never again you there and introduce you to the Judge." then. It was about 1:00 a.m. and very dark. any effort to force little black boys and To bring this all too sad experience to an I realized in the 30's no white taxi would girls, at the tender ages of 6, 8, 10 on through end, let me say that when I entered court I, take me. There I was all alone. I saw what high school into second class, abandoned a lawyer, was compelled to sit in the segre­ appeared to be a cab about a block away. I segregated schools anywhere in this state 1! gated "colored" section of the court. My law­ walked down and true enough it was a cab, Yes, something happ~ned to me way back yer friend never asked me to sit in the law­ lights out and the driver curled up sound in that beautiful office in 1923 which caused yers' section. I was hastily moved for admis­ asleep. I didn't say a word, opened the rear me to burst out in tears in that elevator and sion in almost inaudible tones. The court door and quickly jumped in, closed the door that "happening" still carries me "right on" only nodded and said, "Take a seat next to to put the light out. The driver, half asleep, to this day. the prisoner." My kind "friend from Har­ only half turned around and said . . . "where I can never tell you the amount of man vard" left the court room without more and to?" I mumbled some address which I am and woman hours (as my wife "kept the that was the last I saw of him. The case sure he didn't get (and I didn't want him to store" at the office all that time) that case lasted three days with interminable inter­ get). He drove on and on and on. (If you cost me--nor the nerve and physical energy missions for the Judge to speak to any num­ know that old airport you drove miles and expended. I can tell you that the gross dollar ber of assorted people in his chambers. At miles along a causeway before you come to receipt during that two year ordeal did not lunch hour I went with the assembled blacks, civilization) .. Then a few miles out he ap­ amount to more than $500.00. No, we were mostly country folk, to eat a.t a Fish Fry parently gained his senses and said, half never paid in our long list of civil rights stand down the street from the Court House. turning "Where to Mister, I didn't get it?" I cases, not even court costs. We never asked I shared a bedroom with the teenage son of thought it better to give the correct address, nor would we accept money for such serv­ the local B-aptist Mi-nister, of course, Black! hopefully to get to my destination. So I gave ices. We felt a total commitment from the The defendant was totally blameless. He was the address of and name of Mr. T, the lead­ time we suffered the personal sting of denial guilty of nothing at all, save the fact that ing black lawyer in Miami, now deceased. and rejection when my wife and I entered he was black, from the North, and caused The driver suddenly stopped, pulled over to restaurants and theatres, only to be refused, the death of a little white child and perhaps the curb, threw on his lights and said, "I to do all in our power to destroy such. prac­ his worst gull t was that he drove a "brand can't take you there, that's Nigger Town and tices from our community so that other new cream colored Cadlllac car." How the we're not allowed to drive niggers anyway". Blacks would not face such obstacles in their prosecution pounded on that to the Jury! I pled and pled with hi.m but to no avail. I path and hope for advancement for them­ The poor fellow had to stay in jail until his begged him at least to take me to the next selves and their children in the future. insurance company's agent, whom I knew, overhead light about a mile distant, which he Time and space prevent the enumeration took the· policy to prove its limits a.nd the did and, out I was put. It had begun to rain of many exciting and interesting events that full amount in a certified check in settle­ again, not a store or person in sight. About occurred during the long years of my trial ment. an hour later there came around the corner and appellate practice here and in other An experience on the humorous--deplora­ at that light a taxi going to the airport, driv­ states. Mention of a few should be made to ble side. en and, I learned, owned by a Black Trud indicate how the pasSage of time and the During and after my years as President of Company. He took me to my destination, with events of intervening years have produced the National Bar Associa.tion I would, in my pleasure and profit. I learned from him that meaningful social changes. First, a few things effort to organize the black lawyers through­ a black taxi driver could take a white passen­ on the minus side. Very frequently I was out the entire country in a well-knit orga­ ger but never-no never, the reverse. called to Southern states on civil rights cases nization for their own uplift as well as to There is so, so very much more to tell you as well as to represent my people in both the make them available for service to Negroes, of personal experiences much of which wm criminal and civil courts. It was necessary to travel throughout the country, especially the shock you, much wm awe you and yet much have a local lawyer move your admission. In­ South. On a trip to Miami, in the middle will inspire you and fill your heart as mine variably, before going South, I would con­ thirties, our plane ran into a severe thunder has been filled over the last 15 years with the sult my Harvard Law Directory to find a Har­ storm over the Carolinas. Even on that pl'ime feeling that America has grown in its reali­ vard Lawyer to make this motion. In the route, New York to Miami, in those days the zation that it has wilfully and delCJ&rately 1920's and 30's and 40's there were no black trip was a two motor propeller-driven air­ denied its most faithful and loyal citizens, attorneys in any of the small Southern cities craft, maki·ng severaJ. stops en route, and it their fellow Black Americans, their right to and very few in the larger ones. I usually took many hours. No fine two hour, non stop an equal opportunity in the fundamental re­ could find a Harvard lawyer. They are all jets in those days. I was a curiosity-e black quirements such as education and training through the South. A very important criminal man riding an airplane!! We had a two hour in all the sk1lls necessary to become first case involved a Philadelphia Negro of good lay-over and an almost entire change of pas­ class citizens--free of segregation and dis­ repute and employment who drove to his sengers a.t Columbia, South carolina. Dur­ crimination. And now they must do some­ home in South Carolina on a visit in the late ing the lay-over a white newspaper corre­ thing about correcting those wrongs. 40's. While driving his car in a little country spondent wanted an interview. I was sur­ America and the American Bar has made town, he struck a little girl, who was play­ prised he knew me. It turned out he didn't! great, and in some instances rapid strides to fully chasing another girl across the road. He just found out, according to the airport correct the1r sins of omission and commis­ The child died as a result. He was arrested authorities, tha.t I was the first "N~" that sion during the 20th Century began now 70 12004 EXTENSIONS OF REMARKS April 10, 1972 years ago. The Philadelphia Bar Association "Public Trustees" of this vast hundred mil- . der-in-Chief Gen. Michael S. Davison-dis­ has been the leader of all American Asso­ lion dollar estate of the greac Stephen Girard criminating in favor of blacks-is paying off, ciations in this respect. Being the oldest as­ (who once traded in slaves) black boys were a.ccordillg to the man Davidson put in charge sociation of lawyers in the English speaking still denied entrance to this school. However, of the prqgram, Maj. Gen. Frederic E. Davison. world, I take great pleasure in stating this as under Mr. Coleman's continuous dedicated "We don•t like the idea of setting goals or a fact. But it took a new type of leadership fight to break this tradition, after my ap­ quotas," said Maj. Gen. Davison, "but we and a vigorous and active membership to pointment to this court, and with Mr. Dil­ don't have the time or luxury to let this reach this goal. Men of the quality and de­ worth's full support, the court once again occur in an evolutionary manner." termination to realize that lawyers must be­ established the right of bla.cl: boys to educa­ The goal, says Davison, is to put minority come leaders in helping to solve the social­ tion in what was undeniably a school for the members, blacks specifically, in key positions racial economic and employment problems entire citizenry. Mr. Coleman is considered in proportion to their content in USAREUR. and the legal imJ:.lication of those problems one of the most highly regarded, respected "The decision was made here," Davison became the leaders of our Bar Association and able members of our great Bar. said, "to get more blacks in key staff and beginning in the early 1950's. Before that The famous Girard College Case is in the command positions. The question was how date, I must frankly say our association failed judgment of legal scholars one of the most to get people out of a machine that is im­ to grasp such meaning. The present President interesting, complex and intriguing cases at partial." of the American Bar Association, the Hon­ the Bar of America and indeed, in world law Davison explained that since the Army's orable Bernard G. Segal, was the first of our history. machine or machine-assisted system of mak­ Chancellors to realize the responsib111ty of the I must close this long, but I hope you will ing assignments is blind, USAREUR could lawyers as suggested above. 1 was then, for find, interesting legal-social-political his­ expect no more than its normal share of the the first time, Negro lawyers in Philadelphia tory of Phtladelphia from 1923 to 1970, with Army's black officers, despite the fact that began to attend the meetings and gained the statement that the great, indt~d tre­ USAREUR had been given priority by the De­ membership in more than a token way, on all mendous changes that have taken place in partment of the Army. of the Bar Committees. Today one serves on the social and legal fields have been due to Since only slightly over 3 per cent of the the highly prestigious Board of Governors, the total commitment of devotion and dedi­ Army's officer corps is black and USAREUR another is Secretary of the Philadelphia Bar cation to these goals by so few blacks in these was shooting for something like 10 per cent Foundation and I modestly say she is Mrs. fields. This is not to say that our church black officer strength in Europe, obviously Alexander. Black lawyers have for nearly 15 .and fraternal leaders were not interested. the system had to be tampered with. years been members of such committees as Indeed they were and they supported us Seeking out black officers and getting them the Board of Censors, Judiciary, Junior Bar, every inch of the way. So did the overwhelm­ assigned to Europe is st1llin process, Davison Legal Aid, Criminal and Civil Law, Civil ing number of the poor and untrained, the said, because of the necessity for them to Rights, Corporation Law, in fact all of the denied and oppressed. But how much better complete schooling and other overseas tours. committees on our calendar. I cannot speak would it have been if the knowledgeable "We really won't see the impact of our too highly of and must acclaim the tremen­ ·Whites, the well to do middle and wealthy efforts on blacks until these commanders are dous advance of our bar under the powerful whites who · knew how we blacks were op­ leadership and commitment to racial and on the ground,•' Davison said. · pressed, denied, deprived and what the end Not only does USAREUR expect to increase social reforms instituted by such men as result must necessarily be-what it is today. Robert L. Trescher. Arlin Adams, Marvin its percentage of black officers, Davison said, And today-we must pay and pay and "but we have tried to draw an assignment Comisky, Lewis H. Van Dusen, Jr., Louis J. pay tor the sins of malign neglect of the past Goffman and the dynamic, brilliant, totally blueprint of Europe that would give optimal or there shall be no America for us to sing distribution to these positions. In Europe we dedicated and devoted, indeed consecrated its praises. present Chancellor Robert M. Landis. As a would attempt to have in every battalion or result of the reforms just mentioned a new equivalent-tYPe unit at least one black bat­ spirit of commitment to social and racial re­ talion commander, executive officer or com­ forms pervades our entire Bar. Of the top 10 THE DELIBERATE DISCRIMINATION pany commander. We also want black NCOs law firms with a lawyer personnel of from 40 AMONG AMERICAN TROOPS IN in some key spots in the battalion such as to 80 in our city 8 of these have a black lawyer EUROPE sergeant majo!l" or first sergeant." on their staff. Included in this list is the same Davison cited some figures to show the "lily-white totally WASP" firm that excluded increase of black content: "As of July 1, 1971, the author of this article back in 1923. The HON. JOHN R. RARICK we had the following statistics on officers: six colonels, 23 lieutenant colonels. no figure writer has been importuned during the last OF LOUISIANA 10 years by at least 50 of our top lawyers, Jew on majors and 103 captains. But more critical and Gentile alike, to find for them top fiight IN THE HOUSE OF REPRESENTATIVES there were only three colonels in command or even "high grade, not necessarily Law Monday, April 10, 1972 positions, five lieutenant colonels in com­ Review Negroes" for their firms. The very day mand of battalions or battalion equivalents that I am writing this my phone rang for Mr. RARICK. Mr. Speaker, according and 39 captains in commane of companies." such a person, from one of our most pres­ to published reports in the Stars and "Today we have," Davison continued, "two tigious law firms. Stripes, publication for the U.S. Armed general officers in the command-and it's a As I mentioned above this all began some Forces in Europe, our military mission sad thing to say that is 50 per cent of the 15 years ago and I am delighted to acknowl­ there at this time is deliberate discrimi­ Army's inventory of active-duty general offi­ edge some part in it. The story is very inter­ nation against the white soldiers. cers-eight colonels, 66 lieutenant colonels, esting but much too long to relate for this 107 majors, 141 captains and 102 lieutenants. article. But I should mention the first man According to Maj. Gen. Frederic Davi­ In command slots we've got one general of­ to "integrate" our law firms. It also has a son, the reverse discrimination program ficer (an assistant division commander), four political significance and due credit should of Commander in Chief Gen. Michael colonels, 18 lieutenant colonels (one is in an be given to a very dynamic, nationally known Davison-discriminating in favor of executive officer's slot), 16 majors-14 in ex­ liberal Democratic leader, Honorable Rich­ blacks-is paying otf. ecutive officers• slots-and 41 captains com­ ardson Dilworth. He was Mayor of Philadel­ manding companies." phia at the time and I was one of his While there is some doubt as to the Davison then added that there were two strongest "right arms" in our new Reform military efficiency of the American forces colonels arriving in late July, one of whom City Council. He wanted a black man in his in Europe, the taxpayers and parents of is slated to command the Berlin brigade. law firm and I could think of no better per­ our servicemen can be assured that these Davison went on to explain: "Right now son than the now Honorable William T. same forces will be in proper racial pro­ we're running about 13 per cent plus in black Coleman, Jr. The latter is so well known now enlisted men with a high concentration in that only a word about him is necessary. portions. "By the numbers" has a new the lower ranks; only about 4 percent in the Mr. Coleman was magna cum laude and Law connotation in the military today. top grades of E9. That would be 23 black Review at Harvard. He was the first black Related stories about the two generals command sergeants-major and 127 E8s in law clerk for our United States Supreme named follow: first sergeants' slots." Court, serving with Mr. Justice Frankfurter. (From the Stars and Stripes, Mar. 31, 1972] Touching on the area of civ111an employ, He was appointed counsel to the Warren Davison said as of November 1971, there were Commission and most recently the United DISCRIMINATION WORKs--To LET MORE 4,200 as-appropriated fund empioyees of States Representative to the United Nations. B4CKS IN KEY STAFF AND COMMAND JOBS, whom 200 were blacks. One month later that However, most important of all, he was my THE SYSTEM OBVIOUSLY HAD To BE TAMPERED number jumped to 260. most valuable and ardent associate counsel WITH In the nonappropriated fund area, 420 or in the famous Girard College Case which we (By Ed Reavis) 13 per cent of the employes were minority won after two years litigation via a U.S. HEIDELBERG, GERMANY. - Discrimination members. In December 1971 it rose to 16.2 Supreme Court decision in 1958 but as the works. per cent, Davison said. result of a very unexpected removal of the The stated policy of USAREUR Cornman- "One point to be noted here is where we April 10, 1972 EXTENSIONS OF REMARKS 12005 only bad 19 people in the GS7 to GSll cate­ those men, white and black, into one of our where he had concrete evidence of dlscrimi- gory in November 1970, we had 30 in Decem- adult-training programs." nation. ber 1971," Davison added. . · "We believe if a man is given a ehanoe Any cases documented win be presented ''Our goal here is the same as with the for upward mobility not only do we ha.ve a during the next meeting of this U.S.-German offices and we are determined that we will better soldier, but we are turning back to joint working group on equal opportunity iiieet our target but we will not do so at the the community a tletter citizen, a man who and human relations to be held later in the cost of quality," Davison said. will help strengthen the nation. Further, we spring. In ·education, Davison said, there is now a are turning back to the country a man who Davison told commanders that in places drive under way to find more minority edu­ doesn't feel that his tour of service was where discrimt~tion is found they should cators. And he predicted that next fall wou~~ wasted," Davison said. seek an early meeting with the establish­ see the number of black school principals Speaking on long term plans, Davison said ment's owner in coordination with city om­ boosted from two to five or six. that plans are being initiated with the EES cials. Five percent of the teachers in USARUER to establish training positions in the mana- "The individual soldier must understa.nd are minority members, Davjson pointed out. gerfal area. At the moment there is only on~ that in the past some gasthaus owners have '"We want to reach 10 per ceil~ by next fall," black manager of an exchange and it's not suffered financial loss through re~a.ted rots- he said, "assuming that we can get the qual­ a major store. conduct by soldiers," be said. tty replacements." _ ...... "We are also pushing for more supervisors_. In .this respect, be added, the rate of crim- Davison stressed tha1; the examination for and club~mana.ger jobs," Davison said. · · inal misconduct bas decreased significantly teaching positions will be centralized in On the tJSAREUR equal opportunity pro- in the. past seven month&. "On our part, we gram Davison spoke of the several sensitivity must assure that this downward trend con• USAREUR because of some char$es of in­ shows and worksllops that are being per- tiilues." equity under the oid decerlt~auzed system.. formed in the command. "The commander must also give assurance "Last year in the States there was a split He also !!Poke of.. the difficulty of the equal of. his f:~l.l support and assistance in return in responsibility between the. Department of opportunity officer's job..: '!One of the prob- f'or the owner's cooperation," Davison said. Defense and the Department of Army. We lems the equal opportunity officer is going to At the same time he must stress the impor­ think that much of the effort fell between face is g.oing into his commanding officer and tance of proper conduct, German social cus­ the· cracks because of this split. This is now telling him that he (the officer) is way off toms, appearance and demeanor, and mu- clearly a Department of Army effort," Davi­ base." tuai cooperation to their soldiers, he added. son said. · "Now, it takes a big man t-o accept that,'-' "Success depends on the full support QY - As far as administrators are concerned, Davison continued. "We have some com- all members of this command," he con­ Davison said that the goal is again to equate manding officers who are dedicated to doing eluded. "I desire that no stone be left un­ the 10 to 15 per cent minority content of the what is right but are so convinced that their turned." command. ~ay is right that they are not always wllllng to listen. But they are becoming .fewer." Davison also said that progress in minor­ "But, it's a two way street, Davison said. ity participation in civilian employment wm "We cannot fall into the trap of allowing be slower in coming due · to the slower turn- two standards of conduct to exist under the THE LATE COL. LUKE C. QUINN over. guise of equal opportunity. This is one The first effort of the Departroent of the Unit-ed States Army, Europe, and there has Army in giving a fair chance to minority sol- to be one set oi standards and everybody has diers to get into the entire spectrum of higher got to hack it under those standards." HON. JOHN J. ROONEY skills was made in the mllitary police fiiHd, USAR,EUR LEADER OP.J;Ns bax\TE To ExTERKI" OF NEW YORK Davison said. . NATE OFF-POS'l: Bas ~ ·• ·. IN THE HOUSE OF REPRESENTATIVES "This resulted from · the riots or distili~~ :EbmELBERG.-Gen. Michael s. Davison, Monday, April 10, 1972 a~ces at Camp Lejeune, Ft. Brag.&- and vari- USAREUR commander-in-chief, ~a.S opened ~us other places. Investigators from the a new drive to wipe out off-post diserimina- Mr. ROONEY of New York. Mr. Speak- ·. Perita.gon found that almost without excep"' tion in Army military communities. er, the recent passing of Col. Luke C. tion the real problem was that there was In the latest Davison move, he has called Quinn was a deep, saddening thing to nie not sufficient black content among the MPs," on :P,is commanders and community leaders for Luke and I were close friends for Davison said; to meet with the owners of German enter- many years and we shared a common "The point in getting more biack content tainment and business establishments per- goal for those many years--the eventual in the MPs" Davison continued "is that it mitting racial discrimination in a furth~r eradication of cancer. For more than two not only gi~es the black or min~rity soldier effor.t _to "lift any remainjn,~ baJ?.~ on U.~: decades I introduced war on cancer bills a chance to function in MP skill but to pfe.: eoldl~_rs · of mtn~rity races, · a He~delberg and always Luke was there to help and , . . . ,. announcement sa1d. . vent the black soldier,;rom gettmg the Idea ''The objective of this program is to in- counsel. I knew.: from personaJ experi.., of a white police state. . sure that no member ol this ~>:onimand is ence what cancer was, having recovered At present, one of every six or 15 per denied opportunities because of rac9 or from it through surgery of the lung-in cent of the MPs in US~EUR are bl~ck, color," the commander-in-chief said. "Pre- the end cancer was to \till Luke Quinn. Davison said. Eighteen per cent of the con- ventive rather than corr~ctive actions are It was the mark of the man; , Mr. flnement specialists working on the stockades desired." · are . black, relating to the higher rate of "It is my policy that racial discrimination Speaker, that Luke delayed treating his black content in the stockade. under any guise will not be condoned," he own cancer while he was :fighting for a Speaking on crime Davison said, "We know said. "The use of 'members only' and other bill to get more money for cancer re­ that our crime rate and the number of racial self-imposed devices by business owners to search so that others might be saved. conf:-ontations is down. we peaked in July." exclude directly or indirectly members of Luke was engaged in many projects. He On the subject of pretrial confinement- minority races are examples of discrimina.. worked for the creation of a special task a particularly sore point with blacks who tory practices." force on genetic disegses and was instru­ maintain they are confined unnecessarily- "These practices," Davison deClared, "rtin mental in the establishment of the Na­ Davlson said the figures for blacks declined counter to ?ood morale and di~cipline and tiona! Eye Institute and the Fogarty In- from 140 (52 per cent of the total) in Sep- are totally mcons!stent with USAREUR ef- - . .· t~mber to 109 (42 per cent) for February forts to improve race relations." te~natwnal Center at the NatiOnal In- of this year. Davfson directed his commanders and stitutes of Health. . · DavisoJi then addressed the matter of community leaders to work closeiy with He was truly a hard and effective courtesy: "One of the allegations that has local German officials and business orgP- worker in a cause that needed just such frequently been made and all too often sub- nizations. a man. But above all Luke was a warm, sta.nttated is the matter of discourtesy of the The four-star ·commander pointed out that decent human being, a man that I am support people, people in the exchange and he has dis~u.sseq this problem ~ith German proud to have called a close friend. He finance offices, some civilians, some military. Def~nse M1mster Helmut Schm1dt and other was a man who could compromise, yet We have initiated a courtesy campaign to officials of the Bonn government an~ also not lose sight of the objective. He was a combat this. with a number of state minister-presidents . . On the matter of adult education Davison "They have assured. me they stand ready ~ good man and we sh~ll all miSS him ve.ry said, "We calculate an excess of 40,000 mili- a.ssist;• be said. much. To his dear sister and her family tary men do not have a high school educa- Sch.miat, in a letter to Davison earlier in and his many friends I extend my deep­ tion. Our goal here is to get 25 per cent of Mar~; JIS~d · _9av1son to lnform him of cases est sympathy. 12006 EXTENSIONS OF REMARKS April 1 o, 1972 QUALITY EDUCATION of de jure segregation and it also held since that time Lithuanian people have that busing will only be required when it fought and died for their national indepen­ is reasonable and does not place undue dence; and HON. RALPH H. METCALFE burdens upon the child. Whereas so many countries under colonial OF n.LINOIS domination have been given the opportunity It would seem that busing is reason­ to establish their own independent states; IN THE HOUSE OP REPRESENTATIVES able, however, if the students are in one on the other hand, the Baltic nations having Monday, April 10, 1972 section of a community while adequate enjoyed the blessings of freedom for cen­ schools exist in another section of the turies are now subjugated to the most brutal ~r. ~~~. ~r. Speaker, confu­ community. colonial Russian oppression; and sion seems to be the order of the day Busing must be also approached in a Whereas we express our sincerest gratitude when the President of the United States to the Administration and Congress of the broader context, that of ending racial United States of America. for the continued is called upon to utilize the moral power isolation. of the Presidency to respond to the ter­ nonrecognition of the incorporation of the If we are truly committed to providing Baltic States into the Soviet Union, but rible tensions which exist in this coun­ an equal opportunity for all then we Whereas the mere denial to recognize the try. must give every child an opportunity to Soviet claims to Lithuania. does not and wUl The people of the United States are achieve an education which will place not. bear the slightest effect on the leaders of. quite capable of understanding the is­ him on an equal footing with all. To the Soviet Union; Now, therefore, be it sues when these issues are intelligently Resolved, Tha.t the leaders of the free world speak of a moratorium on busing is to mUst never be maneuvered into a position discussed. Unfortunately, the issue of avoid the real issues. We are tll served busing has not been discussed intelligent­ where they will become accessories to the by those of our leaders who do this. crime of Russia.n enslavement of Lithuania ly and adequately. Instead of seizing the We must address ourselves to the issue and the other Baltic countries; initiative, the President formed another of quality education and how best to . Resolved, That the foreign policy of the high level task force and waited until achieve this for every citizen. United States shall include the liberation ext the results were in from the Florida pri­ A start toward a realization of this Lithuania and ~e other Baltic countries as mary before he announced his position. objective would be to fully fund title I an integral part of its European security A courageous Governor in the State of program; of the Elementary and Secondary Edu­ Resolved, That we request the President of Florida displayed more leadership· and cation Act rather than to speak of money courage than the Chief Executive. the United States that the issue of Lithua­ already in the budget. . nia.'s Subjuge.tion by the Soviet Union be The issue is quality education. Busing If we do this then we might achieve raised at the forthcomir.g negotiations in is a means to an ·end. Nothing more-­ quality education rather than prolong Moscow with the rulers of the Kremlin; nothing less. It is a wonder that the Chief the discussion about quality education. Resolved, That the courageous Lithuanian Executive was unable to see before now In closing I would like to draw your sea.ma.n, Slm.as Kudirka, who unsuccessfully that the inner city schools were not edu­ attention to a recent statement of the sought freedom in the United States and 1s cating students and that they were total­ U.S. Commission on Civil RightS: now lingering in a. Russia.n prison ca.m.p, be ly inadequate to meet their objectives. It released with his family into the free world; Any legislation that deprives or m.a.kes Resolved, Tha.t the copies of these resolu­ took an election year to make him realize more difficult the process by which Ameri­ tions be forwarded to the President of the this. can children of all races learn to understand United States, to the Secretary of State to But the President refused to address ea.ch other-through the kind of cre81tive the United States Senators and Congressmen himself to the problems of our urban contacts that can take place in the schools from our State and to the press. schools. He chose instead to attack bus­ of the Nation-is, in our view, antithetical ing without examining the total issue, to the creation of a society wtth the ~pa.city and without offering a solution. to provide equal justice to all, a.nd lessens the hope, not only for American education ~NTAL HEALTH This country does not need more di­ but for American chUdren a.nd our Nation. visiveness and surely not divisiveness caused by the Chief Executive. Everyone HON. CHARLES S.· GUBSER in this country knows about busing. It has been a part of the American school OF CALIFORNIA ANNIVERSARY OF THE DECLARA­ IN THE HOUSE OF REPRESENTATIVES system for years, and I might add, an ac­ TION OF INDEPENDENCE OF LITH­ ceptable part until just recently. Busing UANIA · Monday, April 10, 1972 is not as alarming as the President and ~r. GUBSER. ~r. Speaker, I call to others may make it seem. t.he attention of my colleagues tne fol­ What this country does need, from the HON. JAMES A. BURKE lowing article, "~ental Health! ~ental President and other Americans as well, is OF MASSACHUSE'rl'S Health?" authored by ~aurice Rappa­ IN a firm commitment to use the most ef­ THE HOUSE OF REPRESENTATIVES port, ~.D., chairman of the Santa Clara fective means available to achieve quality Monday, April. 10, 1972 County ~edical Society's ~ental Health education and that busing, if necessary, Committee. Although Dr. Rappaport ~r. BURKE of ~assachusetts~ ~r. will be used to achieve that goal. ·discusses action taking place in the State We all agree that quality education is Speaker, as part of their observance of the 54th anniversary of .the Declaration of California, I believe his observations the ultimate objective. The Supreme regarding care of the mentally ill will Court in Brown against Board of Educa­ of Independence of the Republic of ~ Lith­ uania, the Brockton Lithuanian .Council be of interest to all concerned with im- · tion decided that segregated school sys­ proving our health care systems. tems in reality offered black children an passed the resolution which follows. I commend this resolution to the attention The article follows, a.nJ again, I com­ inferior education and that desegregation mend it to the attention of readers of should be accomplished. of my colleagues: the CONGRESSIONAL RECORD: This ended de jure segregation but RESOLUTION MENTAL HEALTH! •MENTAL HEALTH? there was not universal compliance with We, Lithuanian Americans of Brockton, this decision. In 1964 the Congress passed Mass., assembled this 27th day of February, (By Maurice Rappaport, M.D.) the Civil Rights .Act which gave the Fed­ 1972, a.t St. Casimir's Parish Hall to commem­ Swirling dervishes that create conditions orate the 54th anniversary of Lithuanian In­ that outdo the original Bedlam have been eral Government authority to end fund­ dependence Day, do have unanimously adopt­ let loose upon the community by mental ing for . those schools which refused to ed and passed the following resolutions: health planners at the Sacramento level. We desegregate. Whereas on February 16, 1918, the Lithua­ have the privilege locally of observing this Ten times more desegregation was ac­ nian nation proclaimed its independence as a mad show close up. The California. Human complished between the time of the pas­ free democratic republic which a.ct was rati­ Resources Agency, through its Department sage of the Civil Rights Act and 1968 fied by its duly elected Constituent Assem­ of Mental Hygiene, has in most dramatic than in the preceeding 10 years. bly, thereby exercising the right of self-de­ fashion-with obviously little study of the termination to be free and independent for imoact on mental patients or the commu­ In the case of Swann against Char­ all times; and nity ln which they live-decreed that the lotte-Mecklenburg, the Court held that Whereas Lithuania was forcibly incorpo­ part of Agnews State Hosoltal that handles busing was acceptable to achieve the end, rated ·into the Soviet Union in June 1940 and the mentally 111 (MI) shall be closed by the April 10, 1972 EXTENSIONS OF REMARKS 12007

end of this fiscal year. (Subsequently other forcement agencies-another cost considera­ determinedly fought and is continuing to state hospitals that handle MI patients wlll tion that can too easlly reJil8Ul bidden to the fight for the restoration of its independence. be closed also.) Two important assumptions burdened taxpayers. This fact 1s evidenced by the spontaneous have been made. One, the community Is 8. Certain programs that have both sbNOHUE. Mr.· Speaker, on the COMMITTEE inadequate follow up care. to slow deteriora­ occasion of this year's recognition, in the tion in boa.rding and nursing homes where House Chamber, of the 54th anniversary the only ..recreational outlet.. 1s watcblng HON. DANIEL J. FLOOD T.V. These patients wlll not have been of the Declaration of Lithuanian Inde­ OF PENNSYLVANIA brought into the mainstream of llfe and pendence, I was very happy to join with IN THE HOUSE OF REPRESENTATIVES ••successfully returned to the community... my colleagues, here, as well as in the even though they have been removed from ceremonies held within my own congres­ Monday, April 10, 1972 state hospitals. sional district, in publicly emphasizing Mr. FLOOD. Mr. Speaker, two of the 5. Effective continuity o.r patient care wm to the world that Soviet Russia continues towering figures in modern Panama become impossible or inadequate pr1marlly to illegally and unjustly occupy and per­ canal history were President Theodore because of a lack of staff and facillty re­ secute the Lithuanian nation and people sources and a lack of a systematic plan that Roosevelt, 1858-1919-and Chief Engi­ can be implemented. Many well-trained and in appeal to the Soviet leaders to re­ neer John F. Stevens, 1853-1943--of the mental health staff people wlll be lost not store to Lithuania her rightful inde­ Isthmian Canal Commission. only to our local community, but to the pendence. At this time, I am pleased to Roosevelt was the strong leader who state. The state bas not provided for. nor include the resolution adopted, in protest acquired the Canal Zone and launched does the county have, adequate revenues to against the Soviet Union's continuing the project for constructing the Panama support the many mental health people who aggression and military occupation of Canal; Stevens, the far-visioned and ex­ wlll have to go elsewhere to support them­ Lithuania, by the Lithuanian Ameri­ perienced engineer, who res·cued it from selves and their families. Mass. 6. 'l1le cost of care w111 be more expensive cans of Worcester, last February disaster, developed the plan adopted by than it need be. The $'7~100 a day care In 13. 1972. in assembly at the Lithuanian the President and the Congress for its general hospitals cannot compare with the Naturalization and Social Club in the construction. directed the work until suc­ •2.!i-t35 a day care in a large speciallzed fa­ city of Worcester: cess was assured, was honored for his cility. The argument sometimes put forward, REsoLUTION contributions by President Roosevelt that it ts cheaper in the long run to use a with appointment as the first to hold the general hospital because length of hospital­ We. the Llthuantan-Americans of Wor­ cester. Massachusetts, assembled this 13th combined positions of chairman and chief ization 1s shorter, Is a specious argument at day of February, 1972, at the Lithuanian best. Length of stay 1s a matter of law. in­ engineer of the Isthmian Canal Com­ Naturalization and Social Club to commemo­ stitutional policy, cllnlcal judgment and ap­ mission. and has won lasting fame as the rate the fifty-fourth anniversary of Lithu­ basic architect of the canal. An impres­ propriate utruzation criteria. In addition ad­ ania's independence. mlnlstratlve costs associated with admlsslon, F'irmly protest against the Soviet Unlon•s sive mural in the Roosevelt Memorial d.1scbarge and frequent readmtsston proce­ aggression and mllitary occupation of Lith­ Hall of the American Museum of Natural dures can be expected to be quite exOI'bltant. uania, as well as against the Soviet-spread History in New York shaws Stevens pre­ 7. Many Individuals wlll become invisible lies that the Lithuanian nation joined the senting the plan for the Panama canal to the mental health system. They w1ll be Soviet Union of its own free will. The truth to President Roosevelt. dealt with ln.dlrectly and less adequately is that, from the very Jlrst days of the Soviet A third towering figure in canal his­ thrOugh welfare. public health or law en- occupation in 1940, the Lithuanian nation tory was William Crawford Gorgas, chief 12008 EXTENSIONS OF REMARKS April 10, 1972 sanitary officer of the Isthmus, whose member of the Isthmian. Canal Commission; years before were tiny children not work in tropical and preventive medicine Eecretary of Transport~tion John A. Volpe; taught respect for other people and their inal'ie the construction of the canal pos- Senator Edmund. s. l\1uskle and Governor Ke':lneth M. Curtis of Maine; Congressman property. This is what we mean by tiie Sible. Da ~1iel J. Flood of Penhsylvania; Dr. Melville cycle of ignorance which produces unem- ' Roosevelt and Gorgas were elected to Bell Grosvenor, editor in chief, National ployment and antisocial behavior. the Hall of Fame for Great Americans, Geo·gr1phlc Magazine; and Admiral Ben If these qualities were taught in a· New York University, in 1950. For spon- M: reell, former Chief o'f Clvil Engineers, u .s. comprehensive, age zero-to-six nursery soring the election of Stevens to that Navy. school program for poor tots in centers great honor there has been formed the The Committee's vice chairmen are Dr. near their homes so that p~rents could John F. Stevens Hall of Fame commit- Donald M. Dozer, Prcfessor of History, Uni­ also participate, then that which cannot tee of dist'nguished membership from . versity of California, Santa Barbara; Cap­ be accomplished by busing would already var~ous parts of t.he Nation. John M. tain Miles P. DuVal, Jr., historian of the have been largely accompltshec.t in tim~ Bud.i. chairman of the finance commit- Panama Canal; Neal FitzSimons, Chairman, American Society of Civn Engineers' Com- for first grade in well-financed schools,. t<:e o~ the Burlington Northern Rsilway mlttee on History and Heritage of American even in poorer neighborhoods, where is na ~ ional chairmJtn and Herbert R. Civil Engineering; Dr. Serge A. Korff, Presi­ teachers could work with. small groups of Hn.nds. manager pub~ic information dent, American Geographical Society; Major children. services, American Society of Civil Engi- General Thomas A. Lane, engineer, m111ta.ry Without such a comprehensive pro­ neers, is secretary. analyst and authcr; Gregory s. Prince, Ex- gram, remedial efforts in grade school· A recent press reiease announcing the ecutive Vice President, Ass·cciation of Amer- and high school-no matter where those . t t f M B dd . . lean Railroads; Hon. John H. Reed, Chair· appmn men o r. u • summs.r1z1ng man, National Transportation Safety Board; schools are located-will conttnue liter-:­ the tremendous .~complishments.o.f Ste- Dr. R!ilph A. sayer, Former Chairman, Gov­ ally to fall on. dea.f ears; He who cannot vens, and descnbmg the compos1t1on ~ing Board, American Institute of Physics; speak and :understand bis language cari­ the committEe, follows: ~tain c. H. Scll1ldhauer, forme.r _aviati~n not learn to read it and develop thought FRoM: HERAERT R. HANDS , SECRETARY, CoM- official; Vice Admiral T. G. W. Settle, former patterns necessary for reasoning ability MITTEE TO ELECT JOHN F. STEVENS TO niE amphibiOUS fOfCjl COmmander, U.S. Pacific and self -control. . . HALL OF FAME FOR GREAT AMERICANS Fleet; Wm. M. Whitman, Secretar;y, Panama The learning process begins when Canal Company; and Eugene Zwoyer, Ex- we NEw YoRK, N.Y.-Announcement has been ecutive Director, American Society of Civil do. And if no one is there to put go.od made that John M. Budd, former president Engineers. language and trust and gentle attitudes 91 t~e Great Nortnern Railway, and now Besides Captain DuVal and Mr. Fi.tz-. into ' that process from the earliest mo­ Chairman of the Finance Committee, Bur- . Simons, the historical consultants to the ments of life, these qualities wnich are. Ungton Northern, will chair a committee of ccmmittee are Dr. Ford Lewis Battles, Ph. D. ' indispensible to the safety of society .sim­ ~ · over one hundred eminent l'ers.'Ons who are program com:dlnator, University of Pitts­ ply will not occur in the deprived indi­ seeking the election of John F. Stevens to the burgh; Dr. Raymond Estep, Professor of viduals. Hall of Fame for Great Americans at New Latin American History, Air University, Max~ York University. well Air Force Base, Montgomery, Alabama; In short, I do not believe it is enough Largely unrecognized accomplishments .of and Dr. Ralph w. and Muriel w. Hidy, his­ simply to be again&t busing-nearly John F. Stevens (1853-1943) include the torians of the Great Northern Railway. everyone is-and just to say one is for 'following: building of the Great .Northet:n quality education in poor neighborhoods and. other JJI.lit.ed Ste,tes and Canadian ran.;. or elsewhere.· I don't even think it is roads (1880-1905); discovery of Marias Pass enough actually to provide such quality Jn, Montana ( 1889) and Stevens Pass in education if it doesn't begin until first Washi~gton (}890) through which the Gr~at :Northern was construc1ied to the Pacific QUALITIES AND CHILDREN grade. To work, it has to begin at the be­ forming part of the .best. ran-ship route in ginning of life. If it does.. children can tne United States to the Orient; development grow up with the grace and ability that of the plan for building the Panama Canal, HON. ANDREW JACOBS, jR. will lead them, on their own, to whatever ~ringing at-out its adoption by the President OF INDIANA jobs arid neighborhoods and way of life.. and the Congress, completely organizing the they choose. forces for construction of the canal, and IN THE HOUSE OF REPRESENTATIVES With unemployment now reaching the in guiding the project to the point where Monday; April 10, 1972 success was assured ( 1905-07) ; and as head . dis~ter ~?tage among qualified school of the u.s. Railway Mission to Russia with Mr. JACOBS. Mr. Speaker, in the teachers, it is incredible that the billions tl;le rank of Minister Plenipotentiary and midst of t.he national preoccupation over wasted by unnecessary Government later as president., Inter-Allied Technical schoolbu..c;ing and quality education for spending-at least $30 billion of it by Board Supervis~ng Siberian Railways, in time -afl children, I thfnk many of us are the Federal Government-and uncon­ of war, revolut10n and civil strife, the reha- missin({ an imoortant point. The point is · scionable tax loopholes-at least $18 bil­ bilitation of Russian, Siberian and Manchu- th t th · · lion ·ror holy cows who have lobbied~ rian railroads (1917_23 ). a . e. question of equal educatiOnal These tremendous achievem.. nts were opportumty does not begin at age 6. To themselves out of paying taxes-would prime factors in opening the Pacific North- overlook the critical importance of com· not be partly spent to hire sufficient west of the United States and in the com- prehensive child development and pre­ teachers to reduce class sizes in poor mercia.! development of the Pacific Basin, af- school training is to avoid any genuine schools to very small numbers and to fording lasting benefits to the people of many solution for the overwhelming majority implement adequate preschool nursery nations. of Americans, black and white, who want centers of the sort I have indicated. If John M. Budd is the son of the late Ralph to live in peace as good neighbors the loopholes were closed and the con­ Budd (1879-1962), a protege o'f Stevens and · spicuously wasteful spending stopped, able co-worker with him at Panama. and in The. fi~st human words a baby hears the Northwest, who, after heading the Great are bmldmg blocks which eventually fall there would be enough to conquer this Northern, later became President of the into place and form linguistics. We seem last frontier of ignorance and antisocial Burlington. John M. Budd followed in his to be like tape recorders. What goes into behavior in our country and.at the same father's footsteps and in 1951 became Pres- our ears eventually comes out as heard. time award to the truly patriotic major- ident of the Gr~at Northern, a position held Surely no one can doubt that regardless ity of citizens who are willing to pay their until 1971. A lifelong association with the of race if a tiny baby were trained by fair share of taxes a justly rewarding traditions of Stevens made John M Budd M f · E 1· h h ld k · h tax cut. the natural leader for the John F . stevens ay air ng ls : e wou spea Wit Many of those Congressmen who have Hall of Fame committee. refined art~culat10n. . The committee is composed of recognized . We say hme and again that a.s the tw1g testified before the House Judiciary Com­ mittee in favor of legislation to avoid leaders in various fields 'fro·m many parts lS bent, so grows the tree. Yet, m our ed­ of the Nation who appreciate the magnitude ucational process we have not applied the busing pass quickly over the correspond­ and significance or the achievements of John enormous wisdom embodied in that sin­ ing concept of quality education in poor F. Stevens as a great American civil engi- gle phrase. neighborhoods. And far from support, neer and statesman. Tiny children will not be taught re- their voting records refiect opposition to The honorary chairmen of the. committee spect for other people and their property such quality, especially in the area of are H?n. Maurice H. Thatcher, sole surviving by parents who themselves only short preschool training. April 10, 1972 EXTENSIONS OF RE~.t\-~~S : 12009

Can that be anything but hypocrisy? CHILE, JACK AND~RSON, AND.J.~. move against ~TT's investments here, which the company values at about $170 million. I think not. (The head of Chile's Christian Democratic so, yes, I oppose racial ~alanc~ bus­ Party, the country's pr!ncipal opposition ing. And. 'Y~S't~ I fa.vot drawmg fau and HON. JOHN R. RARICK party, demanded last night that a forthcom­ ungerrymandered· school zones to inte­ OF LOUISIANA ing investigation of reported interference in grate wherever possible. And yes, I f.avor IN THE HOUSE OF REPRESENTATIVES Chilean affairs by U.S. interests be brof,lodened protection of the right of,every Amencan, to cover "all foreign influences to which the regardless of race, to liVe wherever he Monday, April 10, 1972 country is subjected today," spec~fically mentioning "many agreements and pacts can afford to buy or rent. But above all Mr. RARICK. Mr. Speaker, a recent re­ with Socialist countries and the presence in I ·support the program I have outliz?-ed port that the Marxist government of Chile of 15,000 citizens of Russia, Cuba, East here which is the only way I can think Chile is promoting and selling a book Germany and other countries." the Los of to bring ourselves together as a nation called "The Secret Documents of the Angeles Times reported.! in · a permanent and peaceful and ITT," reported by gossip columnist Jack fri~ndly way. Anderson to contain documents taken At least one other nation-Israel-has from ITT's Washington office, reminds [From the ChUe: La Verdad, AprU 3, 1972] Did. Jack A:nderson.receive any money d't,­ accomplished the miracle of preschool U'5 o, an earlier ne·.vs release from the rectly or indirectly through a conduit for his i.Iitervention to break the chain of igno- "Chile: La Verdad" newspaper. attempted compromising o:f U.S. government, r.anc~,. pover.ty, and violence among its "Chile: La Verdad" had sent its April ITT and CIA? liistOrl.cally disadvantaged. 3 release to all Members raising the ques- If so, is Mr. Andesron working for the best We could do the same-if only we tion, "Did Jack Anderson receive any interests of the Ur.ited States or in effect would. money directly or indirectly through a aiding or abetting a Marxist government un­ Certainly I was pleased that, at long conduit for his attempted compromising der the guise of the U.S. public's "Right to last, it. was this Congress which passed of u.s. Government, ITT, and CIA?" Know"? legislation that would have at least c~e- /It could just be a coincidence, but the Mr. Wilson C. Lucom, publisher of Chile: ated the framework for comprehensive· coincidence may well result in the take­ La Verdad, (P. 0. Box 34421, Washington, D.C. 20034) asks these questions because of a child .development and voluntary pre- over by th ~ Chilean Government of all of report received through usually reliable school programs. It is this Nation'~ mis-· ITT's investments in that country. And. SO'\lrces from Chile as follows: "A Chilean fortune-and the misfortune of tho~- of course, the u.s. taxpayers through the (j(}ngressman Victor Carmine stated that sands of eager children-that the Pres1- overseas Private Investment Corporation Chilean Ambassador to Washington, Orlando dent chose to veto such a sensible and can again be expected to bear the loss. Letelier in his recent stay in Santiago, Chile, long-overdue measure. I include a local news clipping and the prepared a plan with communication media exnerts of Allende's Communist-Socialist "Chile: La Verdad" news release: go;,ernment in order to involve the United NON-COMMUNIST SHIP ARRIVALS [From the Washington Post, Apr. 5,1972] States government, former President Eduardo IN NORTH VIETNAM 1972 CHILE PuTs ITT DocUMENTS ON SALE Frei and General Roberto Viaux in a sup­ (By Lewis H. Diuguid) posed conspiracy against President Allende. All this because Allende dramatically needs HON. CHARLES E. CHAMBERLAIN SANTIAGO, April 4.-Chile's government a foreign target to blame in this moment. OF MICHIGAN . today put on sale a book called "The Secret Documents of the ITT," containing English­ Congressman Victor Carmine said that Am­ Di THE HOUSE OF REPRESENTATIVES and Spanish-language versions of the pur­ bassador Letelier took U.S. $70,000 for the information on the CIA operation, and the Monday, April 10, 1972 loined International Telephone & Telegraph Corp. documents published in the United money was supposed to be given to Jack Mr. CHAMBERLAIN: Mr. Speaker, States by American columnist Jack And~rson. Anderson or an alleged · Communist Vene­ during the -first 3 months of this year News vendors declared the government zuelan who works at tpe Latin Agency, 617 there have been a total of 22 free world volume an instant best-seller, competing well National Press Building. Congressman Victor tlagship arrivals in North Vietnam, ac­ against the gi-rlie magazines and screaming­ Carmine also said tha.t Andres Rojas, press cording to information made available headline newspapers that are the kiosks' attache of the Chilean/ Embassy, Washington, standard fare. The purple-bound volume D.C., celebrates pi!rlodical meetings with Jack to me by the Department of Defense. sells for 25 escudos-95 U.S. cents at the As I reported in the REcoRD of Janu­ Anderson and Rodolfo Schmidt in the Na­ official rate of exchange or 35 cents at the tional Press Club, Washington, D.C." ary 24; 1972, the. level of this traffic has black-market rate. The publisher of Chile: La Verdad feels been gradually declining. For example, in The papers, which Anderson said had been that this matter should be thoroughly in­ · 1968 ships under the registry of nine dif­ taken from ITT's Washington office, describe .ferent free world countries made a total the international conglomerate as Emcour­ vestigated by the press, the United States of 149 stops in North Vietnam. Last year, aging the U.S. government to prevent Salva­ government and Congress. Also, is the Chilean government employing however, the number had dropped to 63 dor Allende, a Marxist, from assuming Chile's total 'arrivals, with only two different presidency after his popular-vote victory in puolic relations or law firms to influence the 1970. ' U.S. government to grant or extend loans to :flags being involved. During the first Allende's communist-Socialist government. quarter of 1972, the nature of this traffic The documents, sent by air from Wash­ ington by Chilean Ambassador Orlando Le­ If so, why are these firms not registered as remains the same. Namely, that this foreign agents? trade is carried on by vessels owned prin- telier, arrived in Santiago just 10· days ago. ·. cipally by Hong Kong shipping com­ A team of army and government translators . panies under the effective control of put a Spanish version of· the 26 documents Communist interests and flying the flags before President Allende, who ordered the recently acquired government printing house TRADE LAG CONTINUES · of the United Kingdom and the Somali to get it on the streets at once. Republic. Particularly in light of there­ Several news vendors said they had sold cent Communist offensive in South Viet­ out their first shipments of the book, even ·nam, however, I believe that this traffic though most Santiago newspapers also car­ .HON. JOHN J. DUNCAN should continue to be of .concern, and I ried the Spanish version, or parts of it, in OF TENNESSEE urge the administration t·o pursue its ef­ their usual editions this morning. IN THE HOUSE OF REPRESENTATIVES forts to. further reduce this seaborne The official newspaper Nacion said that Monday, April 10, 1972 source of supply. the documents show a relation between "jin­ NON-COMMUNIST SHIP ARRIVALS IN NORTH VIETNAM 1972 go" and "gringo," and spelled out ITT as Mr. DUNCAN. Mr. Speaker, our.~­ "Imperialism, Treason and Terror. ~ ' creasing trade deficit and how to elimi­ For Santiago's highly politicized readers, United nate it is a matter of great concern to Kingdom Somalia Total the ITT papers appeared to offer evidence me. As we have seen recently, a d~v~lua­ supporting the spy stories that the Marxist tion of the dollar alone will not ellmmate January ______5 1 6 press has bannered--usually without evi­ dence--over the years. our trade deficit. This can only be ac­ ~~r~~~:---~~~======: ~ ~ Despite today's publication, President Al­ complished through the cooperation of ------lende has still not commented on the papers, government, business, a1_1d l.abor. _ Tota'--- -~ ------15 22 nor has he indicated whether he plans to I am enclosing an editorial from the 12010 EXTENSIONS OF REMARKS April 10, 1972 March 6, 1972, Knoxville Journal which increase the value of American exports. But cepted that such disruptions hurt exports identifies the different factors which the $318.9 million trade deficit for J·anuary more than imports. affect our international balance of trade. remains far below an acceptable balance. If so, February's trade picture may not This article should be of interest to all The administration has said that for the have been much improved over January. If dollar to regain its strength internationally it was not, the goal of a substantial trade who are concerned with improving our the trade bal.ance will have to be substan­ surplus for the year will be in jeopardy. international trade posture. tially in the black. Contrasting with the trade picture is the The article follows : Trade shipments during the latter half of domestic economy, which is showing definite TRADE LAG CONTINUES January were seriously disrupted again by signs of revival. The government's composite During January the United States had the the dock strike. During the first half of the index of leadin'g economic indicators rose 2.3 percent in January-the largest increase third largest trade deficit in the nation's month, when the docks were operating, the for one month since the fall of 1968. history, a fact which further proves that influx of foreign goods was at peak levels. International trade whose deficit reflects new monetary policies alone wlll riot correct No authoritative estimates have been given America's growing in~bility to compete with a deteriorated trade position. on what the January experience would have foreign producers, thus adversely affects a Those monetary policies whioh resulted in been had the ports not been seriously ham­ national ec<>nomy that otherwise looks rather the dollar's devaluation may ha.ve helped pered by the strike. But it is generally ac- healthy.