February 26, 1970 EXTENSIONS OF REMARKS 5149 River near Alexandria, La.; to the Committee for chiropractors' services under the program education in the United States; to the Com­ on Public Works. ot supplementary medical insurance !or the Inittee on Rules. By Mr. BIAGGI: aged; to the Committee on Ways an~ Means. By Mr. WAGGONNER (for himself, Mr. H.R. 16205. A bill to amend title 39, United By Mr. RYAN: ROUDEBUSH, Mr. ASHBROOK, and Mr. States Code, to exclude from the malls as a H.R. 16214. A bill to establish a Joint Con­ FLOOD): special category of nonmailable matter cer­ gressional Committee on Foreign Policy; to H. Res. 857. Resolution to reprint House tain material offered for sale to minors, to the Committee on Rules. Document 213, 83d Congress, first session, protect the public from the offensive intru­ By Mr. STEIGER of Wisconsin. "Permit Communist-Conspirators To Be sion into their homes of sexually oriented H.R. 16215. A bill to amend the Federal Teachers?"; to the Committee on House Ad­ mail matter, and for other purposes; to the Water Pollution Control Act, as amended; to ministration. Committee on Post Office and Civil Service. the Committee on Public Works. By Mr. DIGGS (for himself, Mr. By Mr. BUCHANAN: By Mr. SCHEUER (for himself, Mr. O'HARA, Mr. WILLIAM D. FoRD, Mr. H.R. 16206. A bill to restrict travel in vio­ COHELAN, Mr. DULSKI, Mr. HAYS, REUSS, Mr. BINGHAM, Mr. ASHLEY, lation of area restrictions; to the Committee Mr. MATSUNAGA, Mr. MORSE, Mr. Or­ Mr. BRASCO, Mr. ADDABBO, Mr. OT­ on the Judiciary. TINGER, Mr. PEPPER, Mr. PODELL, Mr. TINGER, Mr. BROWN of California, l\.1r. H.R. 16207. A bill to encourage the growth Mr. REES, Mr. ST GERMAIN, and Mr. RUPPE, Mr. NED&, Mr. SCHEUER, Mr. of international trade on a fair and equitable WALDIE): FRASER, Mr. BURTON Of California, basis; to the Committee on Ways and Means. H.R. 16216. A bill to provide for the elimi­ Mr. BOLAND, Mr. COHELAN, Mr. REES, H.R. 16208. A bill to provide for orderly nation of the use of lead in motor vehicle Mr. DINGELL, Mr. BARRE'IT, Mr. ED­ trade in textile articles; to the Committee fuel and the installation of adequate anti­ WARDS of California, Mr. KASTEN­ MEIER, Mr. PATTEN, and Mr. WOLFF) : on Ways and Means. pollution devices on motor vehicles, and for other purposes; to the Committee on Ways H. Res. 858. Resolution restricting Gov­ By Mr. GRIFFIN: and Means. ernor Maddox as a. guest in the House of H.R.16209. A bill to amend the Public By Mr. STUCKEY: Representatives dining room; to the Com­ Health Service Act to provide for the making H.R.16217. A bill to amend the Railroad Inittee on House Admlnistration. of grants to medical schools and hospitals to Retirement Act of 1937 to provide a 15-per­ assist them in establishing special depart­ cent increase in annuities and to change ments and programs in the field of family the method of computing interest on in­ PRIVATE BILLS AND RESOLUTIONS practice, and otherwise to encourage and vestments of the railroad retirement ac­ promote the training of medical and para­ Under clause 1 of rule XXII, private counts; to the Committee on Intersta.te and bills and resolutions were introduced and medical personnel in the field of family med­ Foreign Commerce. icine; to the Committee on Interstate and By Mr. BROOMFIELD: severally referred as follows: Foreign Commerce. By Mr. ADDABBO: H.J. Res. 1104. Joint resolution proposing H.R. 16218. A bill for the relief of Emanuel Mr. HATHAWAY: an amendment to the Constitution of the H.R. 16210. A bill to amend the Public Stavrakls; to the Committee on the Judi­ United States relative to equal rights for ciary. Health Service Act to provide for the mak­ men and women; to the Committee on the ing of grants to medical schools and hospitals By Mr. HICKS: Judiciary. H.R. 16219. A bill for the relief of Edgar to assist them in establishing special depart­ H.J. Res. 1105. Joint resolution with re­ ments and programs in the field of family Harold Bradley; to the Committee on the spect to peace in the Middle East; to the Judiciary. practice, and otherwise to encourage and Committee on Foreign Affairs. promote the training of medical and para­ By Mr. MESKU..L: medical personnel in the field of family med­ H.J. Res. 1106. Joint resolution proposing MEMORIALS icine; to the Committee on Interstate and an amendment to the Constitution of the Foreign Commerce. United States relative to equal rights for men Under clause 4 of rule XXII, memorials By Mr. HELSTOSKI: and women; to the Committee on the Ju­ were presented and referred as follows: H.R.16211. A bill to amend the Randolph­ diciary. 313. By the SPEAKER: A memorial of the Sheppard Act for the blind so as to make By Mr. WILLIAMS: Legislature of the State of Colorado, relative certain improvements therein, and for other H. Con. Res. 517. Concurrent resolution to prescribing more stringent emission purposes; to the Committee on Education expressing the sense of the Congress with re­ standards for motor vehicles; to the Commit­ and Labor. spect to the annual reduction of the national tee on Interstate and Foreign Commerce. By Mr. MEEDS: debt in order to establish a sound fiscal 314. Also, a memorial of the House of Rep­ H.R. 16212. A bill to designate certain lands policy; to the Committee on Ways and resentatives of the State of Washington, rel­ in the Three Arch Rocks, Oregon Islands, Means. ative to admission requirements at Veterans' Copalis, Flattery Rocks, and Quillayute Nee­ By Mr. QUIE (for himself, Mr. MAc­ Administration Hospitals; to the Committee dles National Wildlife Refuges as wilderness; GREGOR, Mr. WHITEHURST, Mr. on Veterans' Affairs. to the Committee on Interior and Insular ZWACH, and Mr. GoLDWATER): 315. Also, a memorial of the Legislature Affairs. H. Res. 856. Resolution for the appoint­ of Guam, relative to uniformity of the na­ H.R. 16213. A blll to amend title xvm of ment of a select committee to study the ef­ tional standards for welfare assistance; to the Social Security Act to provide payment fects of Federal policies on the quality of the Committee on Ways and Means.

EXTENSIONS OF REMARKS THE BUSING ISSUE courts have been ordering some Southern dent in Knox County also attended Austin. school districts to employ busing as a means Those outside the city were bused in. but of achieving racial balance. students inside the city had to get there HON. ALBERT GORE This has brought a reaction from many the best way they could. It's too bad that Oll' TENNESSEE parents and public officials alike against bus­ the defenders of neighborhood schools did ing. The Tennessee State Senate last week not see fit to protest back then. That they IN THE SENATE OF THE UNITED STATES passed a bill banning busing and the House protest now only points up the hypocrisy Thursday, February 26, 1970 is expected to follow suit. The objectors to involved. busing contend that the system of neighbor­ BUSING TREATS SYMPTOMS Mr. GORE. Mr. President, I ask unan­ hood schools would be destroyed if students imous consent to have printed in the were bused and that busing works a hard­ There is much to be said for and against ship on students. They argue that a student the busing of students. One strong argu­ Extensions of Remarks an article en­ ment for busing is that this allows the white titled "Busing Issue Looks Explosive, .. should attend the school in his neighborhood and not one across town. child and the black child to get to know written by Theotis Robinson, Jr., and each other and to learn to understand each published in the Knoxville News-Sen­ All of this probably would be acceptable other. The main problem in black-white re­ if it were not for the hypocrisy involved. lations is that there has not been enough tinel of recent date. Where were these defenders of "neighbor­ There being no objection, the article hood schools" when black children were communication between the races. If our was ordered to be printed in the RECORD, belni bused not just across town but from children can learn to respect each other and as follows: one county to another so they could attend communicate maybe they can solve many of the problems which we seem unable to BUSING IssUE LOOKS ExPLOSIVE segregated schools? Black students were bused from Anderson County and Sevier solve. (By Theotis Robinson, Jr.) County to Austin High School for many The main drawback to bUsing, however, is The issue o! busing students to achieve a years. There probably are families in both that it is only getting at the symptoms of the racial balance is becoming explosive. In an Anderson and Sevier Counties in which both more critical and complex problem of hous­ effort to implement the Supreme Court's parents and their children were bused to ing patterns. If our neighborhoods were not 1954 ruling on segregated schools, Federal Austin High School. And every black stu- segregated then our schools would not be 5150 EXTENSIONS OF REMARKS February 26, 1970 segregated. Neighborhood schools simply re­ The problem of pollution-in the air, bage disposal problems seldom extend be­ flect housing patterns. If the neighborhood in the water, and on land-has been un­ yond the chore of carrying out the rubbish. is all-white, the schools will be all-white. checked for too long. We suddenly are Some ideas: If the neighborhood is all-black then all­ Virginia Beach, Va., is disposing of its own black schools develop. But if the realizing that, if action is not taken soon refuse and the refuse from nearby Norfolk neighborhood is integrated. then inte­ to preserve the quality of our environ­ onto a so-called "mountain of trash" 60 feet grated schools should result. Such is ment, it will be too late. high and between 900 and 1,000 feet in diam­ not always the result in the case of inte­ One of the aspects of this problem is eter located about six miles from the Atlan­ grated neighborhoods however. The percent­ that our cities are unable to dispose of tic Ocean. The refuse will be covered with age of black families living in East Knox­ solid waste quickly, efficiently, and ade­ dirt and eventually turned into a combina­ ville is not even near the percentage of quately. Many of our major cities are tion amphitheater and roller derby. The black students attending Austin-East High nearby land from which the dirt is scooped School. Black students make up nearly one virtually imprisoned by trash. will become a lake. hundred per cent of the school's enrollment. I have introduced H.R. 642 which The mountain, which the local townfolk There are fewer than a dozen white students would amend the Solid Waste Disposal call "Mount Trashmore," will be t he highest in the entire student body. Act in order to provide financial assist­ spot in the area. Officials expect that the This does not reflect the housing patt erns ance for the construction of solid waste amphitheater will attract folk concerts for in East Knoxville, and supposedly there disposal facilities. the Virginia Beach summer vacationers. Sim­ should be a greater z:umber of white students Recently the Washington Post pub­ ilar hills to be constructed in Chicago and attending Austin-East. But while many op­ elsewhere may be used as artificial ski slopes pose transfering students from the school in lished a series of four articles on the while other areas plan to use landfill sites their neighborhood to some other school for problem of solid wastes entitled "Waste: as golf courses or tennis courts. the purpose of achieving racial integration, Problem of the 1970's" and written by At Clemson University, researchers are the Knoxville Board of Education and pre­ Jim Mann. trying to find a replacement for the disposa­ sumably boards in other areas, find nothing The articles, which appeared on Feb­ ble bottle by developing a "dissolvable bot­ wrong with students transfering away from ruary 22, 23, 24, and 25, 1970, deal with tle"-one xnade of water-soluble glass with a the school in their neighborhood to some the problems of solid waste removal, new thin coating of plastic, so that a housewife other school for the purpose of perpetuat­ methods of disposal, the problems in the could crack the plastic covering of a used ing a segregated school system. If the prin­ bottle and wash it down the sink. ciple of neighborhood schools were strictly Washington area, and Washington re­ In HEW's Bureau of Solid Waste Manage­ enforced in Knoxville, not under the present gional efforts. ment, federal officials admit they are con­ gerrymandered zones which the Board of Ed­ I commend Mr. Mann for writing these templating the regulation of the packaging ucation purposely drew to limit the present articles and bringing the problem of industries to cut down on solid waste in the gerrymandered zones within the bonafide and solid waste disposal to the attention of same way that the government now regu­ logical zoning plan, school integration would Post readers. lates air pollution. be more complete. I urge my colleagues to read these arti­ In Japan, experimenters have been trying QUALITY OF TEACHING IMPORTANT to develop a press that would turn garbage cles. We must be willing to face the con­ and trash into a filler for use in building The question of integration or de facto sequences of our present waste disposal blocks. It hasn't worked yet. segregation probably is not as crucial as the methods. Within the Atomic Energy Commission, problem of providing quality education. The We also must be willing to seriously physicists are discussing the most futuristic question in the minds of parents, both black face the task of learning how to get rid solution to t he trash problem-a "fusion and white, should not be one of overwhelm­ torch" that uses thermonuclear energy to ing significance on the question of integra­ of our garbage without turning our Na­ tion into a dump. convert all waste compounds back to their tion or segregation. The number one concern original atoms. The end products may then should be the quality of education that one's The articles referred to follow: be used elsewhere. For example, in one ex­ child is receiving. For most black people, [From the Washington Post, Feb. 22, 1970] periment, cellulose was broken down to its however, integrated schools and quality edu­ WASTE : PROBLEM OF THE 1970's-CITIES ARE elemental parts and then recombined to cation have gone hand in hand. The reason ENGULFED BY OCEANS OF TRASH make paper. for this has been that boards of education (By Jim Mann) According to Richard D. Vaughan, director have provided for the needs of all-white of the Bureau of Solid Waste Management, schools first, and what was left over was then Washington, like metropolitan areas across the nation's expanding population accounts spent in black schools. All too often this the nation, is in the midst of a crisis in for part, but only part, of the increase in was not enough to provide a quality educa­ garbage and trash disposal. refuse. In the past few years, there has also tion for the black student. There has been National attention has suddenly centered been a dramatic increase in the amount of a shortage of equipment and supplies in all­ on the dramatic problexns of air and water trash that each person produces. black schools and this has handicapped the pollution. But with less fanfare, those in Vaughan cites as an example of recent black student. (As a student at Austin High the field called "solid waste disposal" have problems the transformation of American School, my history class used books discarded been forecasting national disaster in the pile­ hospitals. from West High School. Most had pages up of America's garbage and trash. Its piles A few years ago, the U.S. Public Health missing, and all had been written in by West of discarded automobiles, refrigerators, Service urged hospitals to switch to single­ High students. West High received new books washing machines and television sets seem use syringes instead of the older ones that and Austin received discards.) to grow almost without end. had to be sterilized for re-use What the final answer will be is unknown. The reason for their alarm can be stated Soon, Vaughan says, hospitals began to use The problem of busing is certainly not a quite simply: the amount of throw-away single-use sheets, trays and other items. regional problem. Segregated schools can be material is increasing rapidly and the num­ They now generate about 20 to 30 pounds found in all sections of the country. Last ber of practical ways of getting rid of it is of trash a day for each patient. Vaughan week, the city of Los Angeles was ordered to declining. maintains that in retrospect "the hospitals desegregate schools. Because of housing pat­ America now spends about $4.5 billion a should have considered the problexns to the terns, officials there say that the only way to year disposing of about 350 million tons of integrate the schools is to bus students. But environment caused by the increased waste refuse. Federal officials expect the tonnage load." they also say that to bus students would to double within 20 years. cost more than $20 million which the city In recent years, the two most popular does not have. They plan to go to court. There The District of Columbia's sanitary land­ methods in urban areas for waste disposal are no easy answers to our problexns. It will fill at Oxon Bay will run out by the end of have been by incineration and by sanitary take patience, hard work and understanding February. With no land available within its landfill. Each of the possibilities has now be­ to find a solution. But hopefully, an answer borders, the District will begin to flll land come troublesome. will be found. across Oxon Bay in Prince George's County. Nearly all current incinerators pollute the The sanitary landfill at Anacostia in Prince air. With the recent passage of air pollu­ George's County was supposed to receive tion ordinances, these incinerators either TRASH, WASTE, AND THE garbage and trash until 1976. A few yea.rs will require expensive new equipment or will ENVffiONMENT ago, the estimate was changed to 1974. Now, have to be replaced entirely. a Prince George's engineer believes that the According to Nicholas B. Stoliaroff, Prince landfill will be completed by 1972. Georges urban engineer, the costs of building HON. WILLIAM F. RYAN Throughout the Washington area and a new incinerator have risen from about elsewhere, public works officials are trying to $5,000 a ton capacity to about $11,000 a ton OF NEW YORK decide what to do about their incinerators, because of the more stringent air pollution IN THE HOUSE OF REPRESENTATIVES most of which fail to meet recently passed codes. Wednesday, February 25,1970 air pollution standards. Because of these costs, public works officials In their desperation, public works officials would prefer to dispose of their wastes by Mr. RYAN. Mr. Speaker, the problem have been sponsoring or conducting an array sanitary landfill-an engineering project in of pollution has become one of the most of experiments, some of which might seem which garbage and trash are covered under serious issues facing our Nation. farcical to the average American whooe gar- layers of earth. February 26, 1970 EXTENSIONS OF REMARKS 5151 A well-designed sanitary landfill project most frequently discussed proposals is haul­ ment has been functioning, it has come to differs in several respects from a dump or ing by rail. realize that a solution to the nation's refuse junkyard. At the Brown Station Road land­ For several years, metropolitan areas such problems must include more than new lands fill in Prince Georges County, for example, as Washington, San FranciSco, Philadelphia or oceans in which to dump the papers and the refuse is crushed by compactors, costing and Milwaukee have been considering the bottles and beer cans. more than $50,000 apiece, which reduce the use of railroads to ship refuse to rural areas. More and more, federal officials talk of the volume of refuse by about 75 per cent. Under most proposals, garbage and trash necessity of new techniques. The most fre­ The Brown Station Road landfill is care­ would be collected and processed into bales quently used new phrases are "resource re­ fully aimed at avoiding pollution problems at a central transfer station in an urban covery" and "volume reduction." by preventing contact with ground water. area and would then be moved by rail to a In plain English, resource recovery means It is designed with firebreaks and firefighting sanitary landfill far from the city. Federal finding new ways in which refuse can be equipment to control the usual town-dump officials say that rural strip mines may also used again so that a smaller percentage of trash tires. There are efforts to control dust be filled with refuse transferred by rail. material is discarded. and blowing paper. The refuse is covered The railroads like the talk about rail haul. Right now, resource recovery is much more with six inches of earth each day. Periodi­ In some areas, including Washington, they a concept than a practice. Although several cally, an additional cover of one or two feet are actively competing to see who can get in­ techniques have been suggested, none has is added. to the trash business the fastest. For them been widely employed. The problem is that such landfill projects it promises a new source of income and a One frequently mentioned possibility is are already taking up an enormous amount new use for old railroad cars. Some railroads composting-processing garbage for use as a of urban and suburban space. Once filled, are also planning to use their own land hold­ soil conditioner. It is a method that has the land can be reused for recreational facil­ ings in rural areas for the disposal. been tried, with some success, in the Neth­ ities, but it cannot be used for building con­ But rail haul has some drawbacks, and erlands and West Germany. struction because engineers feel it is not suf­ one of these is economic. The prices now be­ An obstacle to composting, one that con­ ficiently stable. ing quoted are about $7 per ton for rail haul. founds many other plans for the reuse of The long-term environmental effects of The most harried urban jurisdictions, such wastes, is the necessity to separate the glass landfilling are not known. Most scientists as the District of Columbia and New York bottles and tin cans that cannot be used think the refuse will eventually decompose, City, may find it within their means to pay in composting from the garbage and paper but the speed and results of decomposition these prices. But counties like Fairfax and that can; no machine performs this separa­ are unclear. One local engineer said he sus­ Prince George's, which operate landfills at tion effectively, and it is not an enticing pects that "200 years from now, you will costs in the neighborhood of $2 per ton, will prospect for human labor. still be able to read the discarded newspa­ probably continue to look for new land rather Another problem is to ensure that the pers and tin can labels." than pay the rail rates. compost produced from the refuse will ac­ Furthermore, public works officials are now Furthermore, federal officials admit that tually prove a valuable soil conditioner. facing a solid wall of civil opposition each rail haul is only a short-term solution, one Johnson City, Tenn., and the Tennessee Val­ time a new site is proposed for land:filllng. that will not cut down on the masses of ref­ ley Authority are establishing a compost As next-door neighbors, sanitary landfills use and the amount of land being devoted to plant with federal funds as a demonstration seem to rank about equal in popularity with its disposal. project. freeways, prisons and asylums. They say rural areas will probably organize Other possibilities for resource recovery Public officials admit they have been against landfills within their boundaries, just now being studied include: forced to become secretive about their choices as urban and suburban neighborhoods have. The re-use of automobile bodies as scrap for a landfill site. Three years ago, the Metro­ "Nobody wants anybody else's garbage," says for steel production. President Nixon en­ politan Washington Council of Governments one public works official. dorsed this idea in his pollution message released an engineering study of refuse prob­ Thus, if the metropolitan areas want to Feb.lO. lems in the Washington area that listed dump their refuse in rural areas, they will The re-use of tin and metal cans, perhaps about 35 potential landfill sites. None of probably have to pay more and more to do from compost plants, for use as scrap metals. the sites has been used, an official explains, so. Use of broken glass to make paving com­ because their disclosure in the report allowed At one point, San Francisco persuaded Las­ pounds. If developed, this technique would neighborhoods to organize in opposition. sen County in Northwestern California to ease one of the most serious of all trash With land becoming more scarce, some allow disposal there. The city's offer was so problems, the seeming infinity of disposable localities, like Virginia Beach, are building attractive that Lassen County began to talk bottles. Their re-use is now being studied by landfills upward, thereby cutting down on of garbage as a "million-dollar-a-year indus­ the Missouri School of Mines, federal officials the number of acres of land they must oc­ try." San Francisco later backed out because say. cupy. it found the costs too high, a federal official Re-use of waste paper by paper manu­ But as the incinerators become more ex­ reports. facturers-This process too would require pensive and urban land becomes scarce, most Other frequently discussed methods: that the paper be separated from other ref­ public works officials admit they are wait­ Disposing in the sea-As the supply of land use. The "Now Generation," unlike pre­ ing for some kind of "technical break­ or waste disposal diminishes, public works vious ones, has not been encouraged to save through" to rescue them from the oceans officials have been eyeing the ocean as a pos­ its newspapers in the cellar to give to the of trash and garbage. sible site for future disposal. It would be Boy Scouts. feasible, some officials argue, to press garbage Volume reduction-This second concept in [From the Washington Post, Feb. 23, 1970] and trash into solid bales or blocks a!ld vogue means, in translation, finding ways to WASTE: PROBLEM OF THE 1970'S-TRASH CRISIS dump these from scows or barges onto the cut down on the masses of waste material CoNTINUES AS CITIES SEEK RELIEF ocean fioor. that the country must handle each year. The U.S. Bureau of Solid Waste Manage­ No one is quite sure how. It might mean (By Jim Mann) ment says it does not endorse such dump­ switching away from disposable bottles. It Throughout the country, public officials ing. "We just don't understand yet what it might mean putting some kind of tax on charged with disposing garbage and trash will do to the ocean," says the bureau's direc­ refuse material as an incentive for manu­ are waiting for a new method, a new law, a tor, Richard D. Vaughan. faoturers to cut down on weight and volume. new gadget to prevent disaster in the pile­ Vaughan concedes that his department Vaughan, the federal official most directly up of refuse. does not know how many localities are al­ concerned with the problem, talks about Public incinerators are becoming more ex­ ready disposing of garbage and trash in the "changing American production" in a fash­ pensive and less practical because of strong­ seas. It expects a major report on the prob­ ion that would help solve the waste prob­ er air pollution codes, and space for sanitary lem in June. lems. He speaks of designing American con­ land:filling in urban areas is becoming harder New York City has been dropping its sew­ sumer goods "with repair in mind," in order and harder to obtain. age sludge into what Vaughan calls "an ap­ to move away from planned obsolescence. So-local public works officials are listening proved area" in the Atlantic outside New Perhaps, Vaughan suggests, certain products to ideas and watching for the results of all York for most of this century. A recent study like plastics can be produced with additives kinds of experiments. by government scientists found that the that make them biodegradable, or able to One official, whose job it is to figure out sewage has killed nearly all marine life in decompose gradually by normal chemical what Prince Georges County will be doing the area. processes. with its trash in the year 2000, says that Vaughan's bureau has been sponsoring Recently Vaughan has been speaking be­ planning is difficult because "in 20 years projects on special kinds of disposal that fore a variety of trade associations with we hope that somebody develops a new meth­ might benefit the ecology of the ocean. In names like "the Society of the Plastic Indus­ od which isn't even a gleam in somebody's one, old tires thrown into the sea off the New tries, Inc.," and its counterparts in the pack­ eye yet." England coast have proved useful sites for aging and automobile industries. Some of the new ideas are actually little fish breeding. In another, Delaware will dump He says he is trying to persuade these in­ more than new transportation and the same waste clamshells into Delaware Bay to see dustries to help find ways of taking care old disposal methods. Others, however, would whether they can be used as cultch, a spawn­ of the refuse problems that their products use new technology or new laws; they might ing bed for oysters. create. But Vaughan admits, "If we are not create radical changes in the American econ­ Resource recovery-In the five years in able to achieve satisfactory answers, the next omy and household practices. One of the which the Bureau of Solid Waste Manage- logical step is regulation." The Bureau of 5152 EXTENSIONS OF REMARKS February 26, 1970 Solid Waste Management has no regulatory closed last fall after 27 infamous years. It is three to six years. He concedes tha.t by this powers now, but Vaughan says it may some now being turned into a park. time his incinerator may be officially ruled day seek that power. In its heyday, Kenilworth handled hun­ illegal, but he adds, "Who's going to do any­ Regulation of industry might mean re­ dreds of tons of refuse daily by open burn­ thing about it? Wha;t's going to happen in quiring a manufacturer to stop using an es­ ing. Richard D. Vaughan, director of the Bu­ practice is that we'll tell them we're work­ pecially troublesome plastic, Vaughan says. reau of Solid Waste Management, says, "After ing on this and they'll grant us an exten­ It might mean requiring the manufacture Kenilworth, we don't know what to point to" sion ... Nobody's given me a deadline yet, of automobiles with a grea.ter salvage value. as the worst refuse disposal site in the ·and until they do I'm not going to worry." Vaughan admits that the day his bureau country. Both Montgomery and Fairfax counties are seeks regulatory legislation may not be that If Kenilworth is history, the District has looking for new landfill sites. far off. more than enough current problems. It now Montgomery, which disposes of most of its disposes of about 2,200 tons of refuse per day, refuse in the large incinerator near Rockville, [From the Washington Post, Feb. 24, 1970] about 1,200 tons by incineration and 1,000 needs a new landfill site for the incinerator WASTE: PROBLEM OF THE 1970'5-CITY LAGS by sanitary landfill. Neither of these two ash "right now," according to Robert S. Man­ IN REFUSE DISPOSAL methods is satisfactory and both will be gum of the Bureau of Refuse Collection. (By Jim Mann) stopped within two years. The present site next to the incinerator has The city has four incinerators: in George­ reached its capacity, and the county is ex­ Washington has its own monumental town, 0 Street SE, Fort Totten and Mt. tending its life only by dumping the wastes garbage-and-trash problem. According to Olivet. The first two are 38 years old and the a bit higher than it intended. Last year a one federal official, the city ranks with New latter two between 10 and 15 years old. All county plan to develop a landfill in the York, Philadelphia and San Francisco as the four were rated unsatisfactory in a 1967 fed­ Potomac-Travilah area ran into civic oppo­ nation's worst in the field of refuse disposal. eral evaluation and all four fall short of cur­ sition. The problem is becoming more acute. rent air quality standards. Montgomery is also about to upgrade its Consider the following: The age and reduced capacity of the incin­ incinerator, adding new antipollution devices Of the area's seven incinerators, at least erators make them more costly. According to and raising the capacity from 1,050 tons a day six fail to meet the most recent clean air the Council of Governments' statistics, the to 1,400 tons. Since completion in 1965, the standards, report officials who operate them. operating costs of the District's incinerators $4.5-million incinerator has broken down, Operators of the seventh, in Alexandria, are are now approximately $8 per ton of refuse. overheated and worked below capacity. A not sure whether it meets the standards. In other Washington area incinerators, the multimillion dollar incinerator suit by the Only in Montgomery County are there plans operating costs are about $6.70 per ton. county against the incinerator designers is to make changes. stlll pending, Mangum says. By the end of February, the District, with PARK SERVICE LAND USE lts own supply of land for trash dumps ex­ The additional 1,000 tons per day that the YEAR TO GO IN FAmFAX hausted, will start disposing of nearly halt incinerators cannot handle has been disposed Fairfax has less than a year to go before its its daily trash across the Prince Georges of by sanitary landfill on National Park Serv­ current landfill site is exhausted. It expects County line at Oxon Bay. ice land in the District near Oxon Bay. to present plans soon for a new, 600-acre By 1972 the District must develop com­ According to Norman E. Jackson, sanitary landfill at a location that HaiTy L. Hale, the pletely new outlets for its 2,200-ton daily col­ engineering director for the District, this site county's public works director, will not dis­ lection of refuse. will be filled by the end of February. The close. Montgomery and Fairfax counties are each District will begin to place its refuse on Na­ Fairfax and Prince Georges are the two trying to obtain new sites for sanitary land­ tional Park Service land across the bay in counties least worried about their trash prob· fills before the current sites run out. Prince George's County. The land it uses will lems. Hale says he hopes Fairfax, with its Arlington and Alexandria are trying to eventually be converted to recreational pur­ abundant supply of land, can dispose of find some new way to get rid of their trash poses. Jackson concedes that the District has refuse by landfill "perhaps forever." so they can close their incinerators. not satisfied the objections of Prince George's In Prince Georges, Nicholas B. Stoliaroff, By far the most burdened jurisdiction is residents-but the District has no other the urban engineer, feels he has the refuse the District of Columbia. The inner city has place to go. under control. Stoliaroff, displays proudly a a far smaller supply of land than its sur­ The city is hoping to have two new outlets national public works award that he won in rounding suburbs. It has a much greater by 1972. One is a long-awaited "Incinerator 1968 for the establishment of a waste dis­ concentration of people producing refuse. Number Five," to be located just south of posal program. As part of the program, he It has a much larger number of businesses Kenilworth near Pepco's Benning Road plant. designed the Brown Station Road landfill and industries. And it has a much greater The new incinerator, which will cost about operation, which most officials say is the best problem in obtaining the funds to do any­ $18 million, is designed to burn 1,500 tons in the area. It is expected to last until the thing about the program. per day while meeting pollution standards. mid 80s. According to the District's own figures, in The other outlet is a planned sanitary Even so, with Prince Georges trash vol­ 1960 it disposed of 425,000 tons of garbage landfill operation in Prince William County ume increasing rapidly, Stoliaroff will have and trash. In 1965, the total was 650,000 tons. at Cockpin Point, a 175-acre site for which to develop additional landfills that he says Last year, it was up to 875,000 tons. By com­ the District is still negotiating. According to he will have to "sell" to the public. parison, no other area jurisdiction disposed Jackson, the District is offering Prince Wil­ of more than 400,000 tons last year. liam the controversial Featherstone Marsh [From the Washington Post, Feb. 25, 1970) Not only is the District's total volume of site, where earlier District efforts to obtain a landfill site were blocked by conservationists. WASTE: PROBLEM OF THE 1970'5-TRASH PLAN trash increasing, its per capita volume is FOR AREA READIED also increasing and at a faster rate than If it obtains Cockpit Point, Jackson says, the that of the outlying counties. District would float its refuse doWn the Poto­ (By Jim Mann) According to statistics released by mac to the site on barges. Within the next few months, the Met­ Metropolitan Washington Council of Gov­ Once the new incinerator and the Prince ropolitan Washington Council of Govern­ ernments, in 1966 the District generated William landfill are in operation, Jackson ments will make public the first regional trash amounting to 1,337 pounds for each says, the District will either remodel its plans for the disposal of Washington's trash resident. By contrast in the same year incinerators or will convert them to "transfer and garbage. Arlington, Alexandria and Montgomery to­ stations" where refuse may be pressed into According to John J. Lentz, the official who gether averaged 900 pounds per resident. bales for placement on barges or railroad is organizing the plan, the regional orga­ By 1969 the difference was even greater. cars. nization hopes to start in January, 1972, The District averaged 2,010 pounds per per­ Other Washington jurisdictions are having with the daily disposal of 1,000 tons from their own struggles with garbage. the District of Columbia, 400 tons from son and the outlying counties averaged about Arlington and Alexandria each are trying 1,000 pounds. The reason, most officials say, Arlington and 400 tons from Alexandz:ia. to find other disposal methods so that they These three jurisdictions most urgently is that the District must dispose of the may close down their incinerators. largest supply of business, industrial and need help in order to close down their in­ F. H. Doe Jr., Arlington's utilities director, cinerators, Lentz explains. Other jurisdic­ office trash. That's a considerable task in says his incinerator definitely does not meet a city famous for its red tape. tions will join the regional plan later as air quality standards. Its pollution has they choose, paying a sum in proportion to waste disposal in Washington jurisdictions, aroused the citizenry in Alexandria's nearby the refuse that they turn over to the re­ 1969-In tons Lynhaven district. gional group. District of Columbia ------875,000 Of the pollution standards, Doe says, "We The waste will be transported by rail to Alexandria ------67,000 haven't paid too much attention to them, an as yet undisclosed site outside the greater Arlington ------92,000 because we're not set up to do anything. I Washington area. Montgomery ------250, 000 hope that before the federal people crack The Council of Governments itself has no Prince Georges ______400,000 down, we get out of the incinerator business legal authority to operate programs. The Fairfax ------214, 000 ... We think it's more desirable not to burn." only project it runs directly at this time is The old Kenilworth site, which District REPLACEMENT DELAY SEEN a series of express buses between suburban officials refer to as a "sanitary landfill" and Doe estimated that finding a replacement areas and downtown Washington. The waste nearly everyone else calls a dump, was finally for the county incinerator will take from disposal will be handled through a separate February 26, 1970 EXTENSIONS OF REMARKS 5153 agency, the Metropolitan Washington Waste lems may be eased with the advent of the The words of Stewart Alsop in Newsweek Management Agency. new Council of Governments' program. But will ser'lf!e as well as any. They are startling, If the Council of Governments actually Lentz is very cautious about making pre­ honest and deeply true. Whatever anyone succeeds in establishing regional cooperation dictions. He is afraid that the old mistrust of else says otherwise, however shocked we may in waste disposal, it will have overcome a "metropolitan government" will crop up be, we know he is right. long history of petty warring among Wash· among local jurisdictions, and he is very care­ The proof lies in the fact that Congress, in ington jurisdictions on this issue. ful to stress that in initiating the new waste a confused sort of way, has made it clear that During summers in the 1890's, Washington disposal program, the Council of Govern­ it no longer thinks forced integration is the barged garbage to a point across the Potomac ments will be solving a problem and not way to El Dorado. Since Congress is a politi­ River south of Alexandria for disposal. The usurping power. cal body, that in itself might be evidence practice so infuriated Alexandrians that some MAY SELL BONDS enough. But Mr. Alsop has also put the state­ of them boarded and sank several of the ment up for challenge to a wide range of civil Washington scows. Although the Metropolitan Washington rights leaders, black and white, ranging from Solid Waste Management Agency has actually Love and kindness between jurisdictions Education Commis~ioner James Allen to has not increased much since then, at least been incorporated since 1967, it currently has black militant Julius Hobson, and found with respect to garbage. no staff outside the Council of Governments' none to deny it. Beyond that, we have only to Today, for example, Montgomery County employees. look around ourselves, at both our white and stm polices its county incinerator to make According to Lentz, the agency may sell our black neighbors, to know that the fail­ public bonds in order to help finance the dis­ sure that the trucks bringing i~ refuse are ure is there. not coming from Prince George's County. posal system. The agency will be run by dele­ But that only plunges us into deeper ques­ Prince George's charges private garbage gates from the participating jurisdictions. tions. Why is it a failure? And why is it collectors $2.50 a ton for disposal at their While the regional system is being estab­ tragic? Why is it that something on which sa Brown Station Road landfill. Some col­ lished, those who must deal daily with the many men of good will put their faith has at garbage continue wait for some kind of lectors-no one knows how many-decide to last come to this? Where did we go wrong? that it is worth the extra time and gasoline magical solution that will keep Washington's And those questions plunge us yet deeper. to drive the trash to Montgomery, Howard, discards from piling up faster and fa.">ter. For to answer them we must go back to the Charles or Anne Arundel counties, where Trying to imagine some sort of answer to beginning. It is the moment for one of thos·'3 the disposal is free. his problem, one local engineer muses, "May­ agonizing reappraisals of all our hopes, emo­ In addition, many other garbage collectors be you could shoot the garbage up to the tions, thoughts, about what is surely the in the Washington area go to the Mont­ moon." most wretched of all the problems before our gomery incinerator because it stays open Then he pauses, recalling his science train­ ing, and says, "The increased weight would society. until 8 p.m. each night. Most other incin­ A SIMPLE PROPOSITION erators and landfills close before 5 p.m. bring the moon closer and closer to earth. It won't work." We begin, I think, with a simple proposi­ The counties become even more sensitive tion. It is that it was, and is morally wrong when one jurisdiction seeks to operate a for a society to say to one group of people sanitary landfill within another's borders. that because of their color they are pariahs­ The District of Columbia has been defeated that the majesty of law can be used to segre­ again and again in attempts to find landfill FORCED INTEGRATION gate them in their homes, in their schools, in space outside the city limits. their livelihoods, in their social contacts with DISTRICT OF COLUMBIA PLAN HALTED HON.GORDON ALLOTT their fellows. The wrong is in no wise miti­ In 1968, Prince George's County refused to gated by any plea that society may provide grant the District permission to operate a OF COLORADO well for them within their segregated state. landfill at a site near Muirkirk. Last year, AND That has nothing to do with the moral ques­ the District's plans to operate a landfill in tion. Prince William County's Featherstone Marsh HON. HERMAN E. TALMADGE In 1954, for the first time, the Supreme were halted when they ran into the opposi­ OF GEORGIA Court stated that moral imperative. Begin­ ning with the school decision the judges in tion of conservationists, the County Board IN THE SENATE OF THE UNITED STATES of Supervisors, and Secretary of the Interior a series of decisions struck down the legal un­ Walter J. Hickel. Thursday, February 26, 1970 derpinnings of segregation. In suburban counties, where land is more Since emotions and prejudices are not plentiful, public officials guard it carefully Mr. ALLOTT. Mr. President, readers swept away by court decisions there were for use later on. Fairfax Public Works Direc­ of the Wall Street Journal have learned some white people in all parts of the country tor Harry L. Hale says he is not working to expect wisdom and humane concern who resisted the change. But they were, for actively With other jurisdictions on solid in the writings of Vermont Royster. The all their noise, in the minority. The great waste problems because, "I've got all the February 26 Journal contains an article body of our people, even in the South where probleins I can handle here in Fairfax. We're by Mr. Royster that is wise, humane, and prejudice had congealed into custom, began struggling to keep ahead." the task of stripping away the battens of seg­ The jurisdictional bickering has hurt the very timely. regation. Slowly, perhaps, but relentlessly. cities and counties that have the least avail­ The article is entitled "Forced Integra­ Then some people-men of good will, able land-Arlington, Alexandria and the tion: Suffer the Children," and it speaks mostly-said this was not enough. They no­ District of Oolumbia. to some of the most vexing problems of ticed that the mere ending of segregation did Norman E. Jackson, sanitary engineering our time. not mix whites and blacks in social inter­ director for the District, says he feels that Mr. Royster is to be commended for course. Neighborhoods remained either pre­ boundary lines present a special problem for what he says and for the way he says it. dominantly white or black. So did schools, Washington that no other metropolitan area The substance of his remarks--that co­ because our schools are related to our neigh­ faces. ercion can defeat the purposes for which borhoods. So did many other things. Not be­ DOUBLE TROUBLE it is designed-is sound. The tone of his cause of the law, but because of habit, eco­ "We cross jurisdictional lines almost im­ nomics, preferences-or prejudices, if you mediately. The Baltimore inner city can look remarks-moderate and low key-is prefer. to the state of Maryland for help, for land worth emulating. From this came the concept of "de facto" or otherwise. We don't have the room, and Mr. President, I ask unanimous con­ segregation. This Latin phrase, borrowed when we go outside city lines, we have more sent that Mr. Royster's article be printed from the law, describes any separation of jurisdictional problems than usual. We have in the RECORD. whites and blacks that exists in fact and to deal both with different counties and Mr. TALMADGE. Mr. President, I, too, equates it with the segregation proscribed by different states. It adds to and complicates have read Mr. Royster's excellent article law. The cause matters not. These men of the problem." and am pleased to join the distinguished good will concluded that if segregation in law The relationship between a county and a is bad then any separation that exists in fact state can also create problems for officials Senator from Colorado in asking unani­ is equally bad. trying to establish a landfill. For example, mous consent that it be printed in the From this view we were led to attack any Maryland requires the approval of the State RECORD. separation as defactor segregation. Since the Department of Health for the operation of There being no objection, the article first attack on segregation came in the a sanitary landfill. was ordered to be printed in the RECORD, schools, the schools became the first place According to Robert S. Mangum, director as follows: for the attack on separation from whatever of garbage and trash disposal for Montgomery cause. And since the law had served us well the necessity of obtaining state approval puts FORCED INTEGRATION: SUFFER THE CHILDREN in the first instance, we chose-our lawmak­ the county in a bind. "You don't want to (By Vermont Royster) ers chose-to use the law for the second buy land until you know you'll have state "Surely it is time to face up to a fact that purpose also. The law, that is, was applied approval, and you can't get state approval can no longer be hidden from view. The at­ to compel not merely an end to segregation until you at least own the land." tempt to integrate this country's schools is a but an end to separation by forced integra­ Many of these cross-jurisdictional prob- tragic failure." tion. 5154 EXTENSIONS OF REMARKS February 26, 1970 It was at this point that we fell into the 1s, for one thing, wasteful of ttme, energy and The history of the United States has abyss. The error was not merely that we cre­ money that could better be applied to making been interwoven with the Spanish at ated a legal monstrosity, or something unac­ all schools better. least since the time Columbus discovered ceptable politically to both whites and blacks. To this practical objection there is also the fact that in concept it is arrogant. The un­ America under the patronage of the The tragedy is that we embraced an idea Spanish Queen Isabella, and their indel­ morally wrong. spoken idea it rests upon is that black chil­ That must be recognized if we are to un­ dren will somehow gain from putting their ible mark throughout the centuries has derstand all else. For what is wrong about black skins near to white skins. This is the enriched the heritage of our country. .forced integration in the schools Is not its reverse coin of the worst segregationists Idea As a matter of fact, Mr. Speaker, the impracticality, which we all now see, but its that somehow the white chtldren will suffer Spanish influence has dominated this immorality, which is not yet fully grasped. from putting their white skins near to black continent long before the discovery of Let us consider. skins. Both are insolent assertions of white America. Imagine, now, a neighborhood in which But today, while Spanish-speaking 95% of the people are white, 5% of them superiority. Both spring from the same bitter black. It is self-evident that we have here a seed. Americans comprise the second largest de facto imbalance. We do not have legal Still, the practical difficulties might be minority group in the United States, they segregation, but we do not have integration surmounted. The implied arrogance might be feel alienated. They suffer from a lan­ either, at least not anything more than "to­ overlooked, on the grounds that the alleged guage barrier; they are too often kenism." superiority is not racial but cultural; or that, branded as stereotypes; they are not Let us suppose also that for some reason­ further, both whites and blacks will gain from mutual association. That still leaves taught in our schools of the valuable any reason, economics, white hostilities, or contributions they have made to the perhaps black prejudice against living next the moral question. door to whites-the proportion does not Perhaps it should be restated. Is it moral culture, social, economic, and political change. The only way then to change it is for for society to apply to children the force histories of many countries, including some of the whites to move away and, concur­ which, if it were applied to adults, men the United States. rently, for some blacks who live elsewhere to would know immoral? What charity, what Recently, Mr. Armando M. Rodriguez, move into this neighborhood. One is not compassion, what morality is there in forc­ Director of the Office for Spanish­ enough. Both things must happen. ing a child as we would not force his father? It is a terrible thing to see, as we have Speaking American Affairs cf the De­ CREATING AN IMBALANCE seen, soldiers standing guard so that a black partment of Health, Education, and Or let us suppose the proportion does child may enter a white school. You cannot Welfare, delivered an excellent speech change. Let us suppose that for some rea­ help but cringe in shame that only this way in Chicago placing into proper perspec­ son-any reason, including prejudice-large is it done. But at least then the soldiers are tive the problems and needs of the numbers of white families move out of the standing for a moral principle-that no one, Spanish-speaking Americans. neighborhood, making room for black people child or adult, shall be barred by the color of I should like to place in the REcoRD to move in, so that after a few years we have his skin from access to what belongs to us all, entirely reversed the proportions. The neigh­ white or black. today Mr. Rodriguez'& excellent pres­ borhood becomes 95% black, 5% white. But it would have been terrifying if those entation because it so eloquently spells Again we have an imbalance. Again we do same soldiers had been going about the town out the inspiring contributions made by not truly have segregation but call it that, rounding up the black children and march­ our Nation's "silent minority." if you wish: de facto segregation. In any ing them from their accustomed school to Mr. Speaker, the speech follows: event we do not have integration in the sense another, while they went fearfully and their BILINGUAL EDUCATroN-PROFILE 70 that there is a general mixing together of parents wept. On that, I verily believe, mo­ the blacks and whites. rality will brook no challenge. For nearly three years I have traveled back Now suppose that we act from the assump­ Thus, then, the abyss. It opened because in and forth across our country as a represent­ tion that this is wrong. That it is wrong to fleeing from one moral wrong of the past, for ative of our national. government, spurring have the neighborhood either 95% white or which we felt guilty, we fled all unaware to both governmental and private agencies to 95% black. That the mix, to be "right," must another immorality. The failure is tragic be­ direct some of their resources to the Spanish­ be some particular proportion. cause in so doing we heaped the burdens speaking population. In doing so I have found What action is to be taken? In the first- in­ upon our children, who are helpless. our people-Puerto Rtcans, Cubans, and stance, do we by law forcefully remove some Mexican-Americans-to be regarded in some of the white families from the neighborhood MUST WE. TURN BACK? communities as non-existent, in others with so that we can force in the "proper" number Does this mean, as many men of good will fear, in others with respect, and in others of black families? Or, in the second instance, fear, that to recognize as much, to acknowl­ with suspicion. I also found that this popu­ do we by law prohibit some of the white edge the failure of forced integration in the lation is referred to a;s Spanish-Americans, !amllies from moving. out of the neighbor­ schools, is to surrender, to turn backward to Latinos, Hispanos, Spanish-Speaking Amer­ hood? If we do either, who decides who what we have fled from? icans, Spanish-Surnamed Americans, Ameri­ moves, who stays? Surely not. There remains, and we as a cans of Spanish or Mexican Descent, Los The example, of course, is fanciful. We do people must insist upon it, the moral imper­ Batos Locos and a number of other names none of this. No one has had the political ative that no one should be denied his place I choose not to repeat: here tonight. But temerity to propose a la-w that would send in society, his dignity as a human being, whatever we are called, we are La Raza, a soldiers to pick people up and move them, because of his color. Not in the schools only, name that unites us linguistically and cul­ or to block the way and prevent them from but in his livelihood and his life. No custom, turally. moving. No one stands up and says thiS' is no tradition, no trickery should be allowed I have also found out. that there are ap­ the moral thing to do. to evade that imperative. proximately 10 million of us~ that more than Stated thus baldly, the immorality of doing That we can insist up.on without violating 80% of us live in urban communities like S'Uch things is" perfectly clear. No one thinks the other moral imperative. So :tong as he Chicago, and that more than 70% of us are it moral to send policemen, or the National does not encroach upon o.thers, no man in the three states of New York, Texas and Guard bayonets in hand, to corral people should be compelled to walk where he would California. I also found_ that the states of and force them into a swimming pool, or a not walk, live where he would not live, share Michigan~ Illinois, Indiana, New Jersey, Ohio, public park or a cocktail party when they do what company he would shun. think what he Wisconsin and Iowa are: the tastes'; area for not wish to go. would not think, believe what he beneves settlement of Spanish speakers in the coun­ No one pretends this is moral-for all that not. try outside of New York, Texas and Califor­ anyone may deplore people's prejudice-be­ If we grasp the distinction, w~ WI. follow nia. I also found that the Spanish speaking cause everyone can see that to do this is to a tragic failure with a giant step. And, God American population is the youngest in the make of our society a; police state. The meth­ willing, not just in the schools.. country with more than 50% under age 20. ods, whatev:er the differences in intent, would I found that our educational attainment­ be no different from the tram.ping boots of based on 1960 census figures-Is the lowest the Communist, Nazi or Fascist police states. BTI..INGUAL EDUCATION­ in the country for any distinctive ethnic or All this being fanciful, n-o one proposing PROFILE 70 racial group (in Texas it barely reaches the such things, It may seem we have strayed far 5th year of school) ; that; the dropout. rate of from the school integration program. But the Spanish speakers is the- highest in the have we? HON. ROMAN C. PUCINSKI country, exceeding 50% in some of the high The essence of that program is that we OF ILLINOIS schools in New York, Chicago, Los Angeles have tried to apply to our schools the meth­ and San Antonio. That mar~ than 80% of the ods we would not dream ef applying to other IN THE HOUSE OF REPRESENTATIVES youngsters from Mexican Alnerican families parts of society. We h~e. forced the children WednesdayL February 25, 1970 starting school in Texas

VIOLATIO NS OF SENIORITY IN APPOINTMENT OF COMMITTEE CHAIRMEN, U.S. HOUSE OF REPRESENTATIVES- 1881-19691

Seniority Seniority Total Seniority Seniority Total Congress Year Speaker and party followed violated committees Congress Year Speaker and party followed violated committees

47 ------1881 Keifer (R) ...... • 2 37 39 70 ...... • 1927 Longworth (R) ...... 43 1 44 48 ...... • 1883 Carlisle (0)...... 8 30 38 71...... 1929 . ....do ...... • 38 7 45 40 72 ...... 1931 Gerner (0)...... • 21 49 .....•.• 1885 . ....do ...... • 21 19 73 ______Rainey (D) ______18 45 50 . . .•...• 1887 . .... do .....•.. _. ___ .. __ . 20 21 41 74 ______1933 38 7 45 51.. ______Reed (R) ______20 27 47 1935 2 32 13 45 52 ______1889 Crisp (D) ______ByrnsBankhead (D). (D)------______1891 12 35 47 7675 ...... ______1937 42 4 46 53 ...... 1893 . .... do ... ______.. ------25 24 49 1939 Rayburn (D) . .. : .•.....• 37 9 46 54 ______Reed (R) ______13 39 52 1941 __ _. . do ______.. _____ . 39 7 46 55 ______1895 7877 -___------______do . ..•. . ____ ...... _ 1897 _.. . . do •. . ______------36 16 52 79 ______1943 34 11 45 56 ______1899 Henderson (R) ______42 15 57 1945 •.... do ...... ______. 37 9 46 ___ .. do ..... ___ ... __ ....• 49 8 57 80 ______1947 Martin (R) ...... • 9 4 13 5857 ------______1901 Cannon (R) ______81______Rayburn (D) ______1903 43 11 54 82 ______1949 19 0 19 59 ______1905 ___ __do ... ______----. 51 8 59 1951 __ . __ do .... __ . . .. ___ ... _ 18 0 18 60 .. ------1907 ___ •. do ______. . •. __ ....• 45 13 58 83 ...... 1953 Martin (R) ...... 17 1 18 61.. ______. __ ..do ....• ______....• 84 ______Rayburn (D) ______0 1909 42 18 60 1955 __ . . . do ______.. _____ 19 19 62.. ______1911 Clark (D) ______25 27 52 85 ...... 1957 19 0 19 _____ do •. ______.. --- 86 ______._ . . do ___ ... ______. __ .. 63.------1913 33 20 53 1959 19 0 19 64 ______1915 ___.. do .. ______------50 6 56 87------1961 Rayburn 2 (D). ______20 0 20 ___ ..do .. __ . ____ _------55 88 ______McCormack (0) ______20 0 65 ...... • 1917 45 10 89 ______1963 20 66 ______1919 Gillett (R) ______35 22 57 1965 ___ ..do ______. __ .. __ _ 20 0 20 __ ___ do ______90 ______do ______... __ 67 ------1921 44 15 59 1967 20 1 20 68.. ______1923 _____ do .. ____ ------40 17 57 9L ______1969 __ ___do . ... __ .. __ ._. ___ _ 21 0 21 69 ______1925 Longworth (R) ______37 22 59

1Data from 1881 to 1963 is from the previously cited a,rticle by Polsby, Gallagher and Rund· 2 Byrns died in office and was succeeded by Bankhead; Rayburn died in office and was succeeded quist. Data from 1963 on is from OSG. by McCormack. Note: (R) Republican; (D) Democratic. February 26, 1970 EXTENSIONS OF REMARKS 5171

THE PRESENT SYSTEM The seniority system eliminates pressure also many committee members, are familiar Structurally, the present system of select­ group infiuence in the selection of the com­ with the subject matter. ing committee chairmen is similar to that mittee chairman with jurisdiction over the A chairman's age is not a valid considera­ established following the revolt of 1910. All area of their interests. tion since age alone does not cause dimuni­ Democratic committee assignments, includ­ The seniority system works. It assures that tion of mental vigor, alertness and leadership ing designa,tion of chairmen, are made by when one chairman leaves office, he will be ability. Nor does it means that a man become the Democratic Committee on Committees succeeded by the Number Two man on the more conservative or lose touch. which consists of the Democratic members committee who has been anticipating the A r g1tments agai nst the seniority system on the House Ways & Means Committee/" day he would become chairman and has therefore been learning the job and its re­ The seniority system has fragmented and The Committee on Committees follows the diffused power in the House, thereby crip­ custom of seniority without exception in des­ sponsibilities. Thus, the system fosters sta­ bility and prevents the deleterious effects pling effective leadership and making it im­ ignating committee chairmen. possible to present and pursue a coherent The work of the Committee on Commit­ of selecting a chairman who is unprepared for the job. legislative program. In 60 years time, the tees is subject to approval of the caucus. pendulum has swung from one extreme where However, the caucus has altered a decision The present system guarantees that the most expert politicians will become com­ virtually all power was lodged in one man, of the Committee on Committees on only one the Speaker, to the other extreme where occasion in recent times, prima.rily because mittee chairmen. Seniority in the House pre­ supposes political acumen. The member with power is scattered among dozens of powerful there has been no opportunity to do so. The committee and subcommittee chairmen. la,ck of opportunity is a result of the fact the greatest seniority has proven skill in get­ ting reelected. This skill is extremely useful Thus, as George Galloway notes in Congress that for many years the Committee on Com­ in evaluating proposals before the Congress at the Crossroads, " If the chairmen of com­ mittees was permitted to report its recom­ to determine the sentiment of the voters and mit tees owe their places not to their political mendations directly to the House, where they the effect of enactment upon the reelection part ies but to the accident of tenure, then received pro forma approval, rather than re­ prospects of party members. they can follow their own inclinations on turning to the Democratic Caucus for con­ The seniority system as it now operates legislat ive matters and disregard the plat ­ sideration and a,pproval of it.s actions. permits great independence on the part of form pledges and legislative program of party In 1965 DSG won re-instatement of the committee chairmen since they are not held leaders." practice of having the caucus review the rec­ to the test of party responsibility. This in­ The seniority system not only allows chair­ ommendations of the CQmmittee on Com­ dependence prevents the emergence of a men to be unresponsive to their party and mittees, and in 1969 this review resulted in strong and autocratic Speaker. Further, it the leadership, it also has permitted certain the stripping of senior! ty from Rep. Rarick allows a chairman to make decisions based chairmen to obstruct, distort and emasculate of Louisiana for supporting an opposition on his own best judgment as a result of his party programs and policies with impunity. presidential candidate in the 1968 election. familiarity with the circumstances. Because Thus over the past two decades, a small The disciplining of Reps. Williams of Mis­ the present system grants a chairman wide handful of powerful chairmen have been sissippi and Watson of South Carolina for discretion, he need not act on the basis of allowed to prevent Congress from responding the same offense during the 1964 elections current political fashion but may take a long to the nation's needs until the problexns be­ was accomplished by the caucus instructing range view and better serve the needs of the came searing crises. The classic example of the Committee on Committees before it met country. such obstructionism is former Rep. Howard rather than altering its recommendations While the present system does produce an w. Smit h of Virginia who, as chairman of afterwards during the review process. occasional bad chairman, other proposed the Rules Committee from 1955 to 1967, per­ Theoretically, then, the present system systems would have the same result. In ad­ sonally killed or blocked civil rights, housing, now does provide the caucus with an oppor­ dition, the other proposed systems would curb education, health, welfare and other needed tunity to consider the fitness, performance the autonomy of the chairman and would social legislation for years. and acceptability of individual chairmen. prevent a chairman from acting his con­ The seniority system gives the power of In practice, however, there is no realistic op­ science without fear of reprisal from the the Democratic Party in Congress to those portunity for such consideration because Speaker or the caucus. most opposed to Democratic progrtams and Committee on Committees' recommenda­ Seniority helps to insulate the Congress poli-cies. DSG voting studies show that one tions designating committee chairmen are from encroachments by the White House of three Democratic committee and subcom­ handled as part of one large resolution cov­ and other quarters. At present, a President mittee chairmen vote against Democratic ering the committee assignments of all Dem­ will not seek dismissal of a committee chair­ prograxns and against the majorit.y of their ocratic Members. man who does not support his program since Democra tic colleagues more frequently tha n Thus even with caucus review, what exists, such an effort would be futile. However, non­ does the average Republican. In fact, oppo­ for all practical purposes is an automatic automatic chairmanships would open the sition by Democratic chairmen was respon­ system where seniority is sovereign and in­ door to interference in Congressional affairs sible for half of the major defeats suffered viola,te in the selection of committee chair­ by the Chief Executive, especially where he by the Democra tic majority during the 90th men. is a member of the majority party. Congress. Similarly, rigid Democr.atic a.d­ ARGUMENTS FOR AND AGAINST THE PRESENT The seniority system provides the best herence to the seniority system has, in the . SYSTEM opportunity for a member of a minority past 15 years, resulted in giving committee Following are the main arguments which group to become a committee chairman. If and subcommittee chairmanships to 59 are made in defense of and in opposition to a member starts out young enough and con­ Members who in 1956 signed the "Southern the seniority system as it exists today: tinues to be reelected to Congress, he will Manifesto" pledging that they would em­ eventually become a commi•ttee chairman ploy "every available legal and parliamentary Arguments for the seni ority system automatically. If chairmen were chosen by weapon" at their disposal to reverse the Su­ There are no workable alternatives for another method, it would be more difficult preme Court's school desegregation decision the seniority system. for blacks, women and other minority rep­ and defeat all civil rights legislation coming The seniority system assures capable and resentatives to assume the post of chair­ before Congress. expe.rienced leadership. It guarantees that man. The seniority system undercut.s moderate chairmanships go to the members who have The seniority system provides the best and progressive political candidates in the had the greatest opportunity to master the opportunity for fiexibility and compromise South. As long as national Democrats in Con­ complicated procedures of the House and the in fashioning new legislwtion. Because, in gress give committee chairmanships to die­ subject matters of their committees. This effect, committee chairmen are not now hard opponents of Democratic progra,ms and experience is particularly useful in giving a bound to a party platform or accountable principles and permit them to defy and ob­ chairman the greatest perspective on pro­ to the caucus, they are freer to compromise struct those prograxns and principles, South­ grams and proposals. An experienced chair­ with the minority members of their com­ ern vo-ters have no reason to elect modera te man can help the committee avoid the pit­ mittees. This increases the possibilit y of pass­ or progressive candidates. Thus Southerners falls of approaches which have been pre­ ing legislation. loyal to the programs and principles of t he viously tried and found unsuccessful. There is no need for outside control over Democratic Party have been defeated a.nd The present system avoids competition committee chairmen because committee run out of politics altogether. among committee members for the chair­ members thexnselves can spur or veto an The present system gives undue Demo­ manship. It thereby fosters cooperation since unresponsive or obstructionist chairman. cratic power to a region which votes over­ members are more likely to work together Automatic selection of committee chair­ whelmingly agajnst Democratic Presidential effectively when they are not campaigning men promotes peace and harmony within candidates. In 1968 every Southern and bor­ against each other. ranks of the party. The seniority system der state except Texas voted against the thus avoids the politicking, logrolling and Democratic Presidential candidate. In 1964, 2 The Republican system differs in that its factionalism that would accompany any only six states in the nation voted against the Committee on Committees consists of one other system. Democratic candidate-all Southern except member from each state that has Republi­ The seniority system stabilizes committee one, t he home sta.te of the GOP candidate. can representation in the House. Each mem­ membership by discouraging members from The seniority system has resulted in a ber casts a weighted vote equal to the num­ switching committees. This enhances the ef­ steady increase in the average age of com­ ber of representatives from his state. Other­ fectiveness of the committee in handling leg­ mittee cha.irmen. One-hundred yea.rs ago the wise the GOP system is generally similar. islation since not only the chairman, but average chairman was in his forties-today 5172 EXTENSIONS OF REMARKS February 26, 1970

he 1s 70 years old. There are only three chair· lected-whether on the basts of seniority, Set an age limit and require challmen to men under 60 years of age in the 91st Con­ drawing straws, or the color of their eyes. give up their chairmanships when they reach gress; of the remainder, eight are in their Following are some of the major alterna­ that age. sixties, seven are in their seventies, and three tives and modifications which have been Set a limit on the number of years a mem­ are in their eighties. Thus, a.t a time when proposed: ber can serve as chairman and require that other American lnstitutions-<:olleges, cor­ Use the seniority system to nominate after serving as chairman the Member leave porations, etc.-are turning over the reins chairmen subject to majority approval by the committee entirely and begin service on of leadership to younger men, the leaders of the caucus. This proposal would entail a some other committee. Congress have been getting older. Thus the separate vote in the caucus on the chair­ Rotate the chairmanship among the top system aggravates the tensions and strains man of each committee. If the senior mem­ three members every two years. Thus the in the society at large, especially when it ber of a particular committee failed to re­ senior Member would be able to serve as produces pawerful chairmen who are hostile ceive majority approval, the caucus would chairman only two out of every six years. to change and dedicated to protecting and consider the next most senior member, and preserving the status quo. so on until a chairman acceptable to the The seniority system maintains the same majority was elected. This modification would individuals in power too long. For example, preserve seniority as the dominant factor eight of the present chairmen have held their in selecting committee chairmen, while pro­ THE CHALLENGE OF SHARING chairmanships for more than 12 years and viding for automatic and separate consid­ FREEDOM three have been chairmen for 22 years. The eration of each potential chairman's fitness remaining chairmen have held their posts and acceptability without becoming involved for less than 10 years, however, their pred­ in campaigns for various chairmanships. HON. ROBERT L. F. SIKES ecessors held their chairmanships for an av­ Have the caucus elect committee chair­ OF FLORIDA erage, of 15 years each. Thus the average men from among the three most senior mem­ IN THE HOUSE OF REPRESENTATIVES chairman can expect to hold power for at bers of each committee. Like the first pro­ least a full decade and frequently longer. posal, this modification wauld maintain Thursday, February 26, 1970 The rule of absolute seniority results, on seniority as the dominant factor in select­ occasion, in the selection of mediocre, senile ing committee chairmen while providing a Mr. SIKES. Mr. Speaker, each year or otherwise incompetent chairmen and pre­ mechanism for considering the fitness and the Veterans of Foreign Wars of the serves them in office. Ironically, Members of acceptability of the most senior candidate United States and its Ladies Auxiliary Congress become committee chairmen about and possibly by-passing him. conduct a Voice of Democracy Contest. the time in life when most other Americans Authorize the Speaker to nominate chair­ This year over 400,000 students partici­ are forced to retire. If the same retirement men subject to approval by a majority of the pated in the contest, competing for five rules were applied in Congress, all but five <:aucus. This would represent a compromise scholarships which are awarded as the of the present 21 chairmen wauld have been between today's system and pre-1910 days top prizes. The contest theme was "Free­ forced to retire long ago-some more than 10 when the Speaker alone appointed all com­ and 15 years ago. mittee chairmen. Supporters of this proposal dom's Challenge," and I am proud to The system permits committees to become claim it would permit the most effective announce that a young lady from my personal fiefdoms o! strong chairmen and leadership While protecting against abuse and First District of Florida is the winning special interests. autocracy by subjecting the Speaker's deci· contestant. She is Karen Louise Hurston, The system denies competent younger men sions to caucus approval. Should the caucus currently enrolled in the Seoul Foreign a chance to exercise their leadership talents reject one of the Speaker's nominations, he School in Korea, and I am submitting at the time in life when they are most able would continue making nominations until an for reprinting in the CONGRESSIONAL to meet the rigors of the job. It is therefore acceptable chairman was found. wasteful and inefficient. Authorize the majority members of each RECORD her excellent speech, "The Chal­ The seniority system produces chairmen committee to nominate their chairman sub­ lenge of Sharing Freedom," which I who are generally unrepresentative of Amer­ ject to caucus approval. This proposal is know my colleagues will enjoy and ap­ ica at large and are therefore unresponsive usually criticised on grounds that committee preciate. to its needs. Only those who get re-elected members would be under too much pressure The speech follows: time after time can reach the top of the to vote for the present chairman. Such a THE CHALLENGE OF SHARING FREEDOM seniority ladder and become chairmen. Thus system would also be severely influenced by the system favors members from static one­ unbalanced committee make-up resulting A pair of star-crossed lovers, full of im­ party Southern districts and safe machine­ from past decisions in making committee as­ passioned and unadulterated love, discovered dominated big-city districts, and tends to signments. how rich and full love could really be. Shake­ deny power to members who represent other Authorize the members of each commit­ speare's legendary Juliet. talking to her Romeo, answered his question, "For what sections of the country, especially those sec­ tee-both majority and minority-to select purpose, love?" She replied: tions which are changing and are more polit­ their own chairmen subject only to approval ically competitive. of the whole House, which would probably "But to be frank, and give it thee again. And yet I wish !or the think I have. ALTERNATIVES AND MODIFICATIONS be pro forma. This alternative is criticised on the same grounds as the preceding proposal, My bounty is as boundless as the sea, Numerous proposals have been made for plus on grounds that it would introduce My love as deep; the more I give to thee, changing the present absolute system of se­ cross-party alliances into the selection proc­ The more I have, for both are infinite." lecting committee chairmen solely on the ess and totally eliminate any vestige of party Beautiful and innocent Juliet had discovered basis of seniority. responsibiUty by making chairmen primarily love is one thing that, when given, more These proposals fall into two general cate­ responsive to the alliance which elected is received. gories: them. Freedom is also this way. It is more than .Alternatives, which would involve discard­ Establish a new special committee to living the way one pleases, more than doing ing the present system and selecting chair­ nominate chairmen subject to majority ap­ what one wants, more than just being free. men on some other basis; and proval by the caucus. This proposal would Freedom is a thought that begins in the Modifications, which would retain the retain the present Committee on Commit­ mind of an individual and roots itself in present system insofar as possible while tees for consideration of aJJ. committee as­ his heart. Democracy makes all free under making only those changes necessary to signments other than selection of commit­ law, but that 1s not the end of true liber­ correct major shortcomings. tee chairmen. The new special committee ation. Our forefathers had this idea of The alternatives would not necessarily could be elected by the caucus, or could con­ emancipation and were so full of it that they eliminate seniority as a factor in select­ sist of the majority Members of an existing shared it with others, and the result of this ing chairmen, but would leave the matter to­ committee, such as Rules, or could be made sharing is our free America. tally to the discretion of the nominating up automatically of the sixth, seventh or When an individual himself is liberated, authority. eighth ranking Member of each standing he has no prejudice. There is not such a thing The principal modifications, on the other committee. The latter would result in a 21- as a free bigot. However, with freedom comes hand, are based specifically on continuation xnan committee which would change some­ responsibilities. To the genuinely free per­ of seniority as the dominant-but not the what every two years and which would con­ son these responsibilities are not a burden, only-factor in selecting chairmen. These sist of middle-rank Members who could but an understanding. modifications are designed to provide an op­ bridge the gap between senior and junior A totally free individual will recognize the portunty for consideration of factors other Members, but who would still be senior fact that his expressions of freedom should than seniority and introduce an element of enough to tend to follow seniority 1n their not interfere with the expressions of otherS'. fiexibility and choice into the persent rigid decisions. Because there are people who do not under­ system while retainlng the advantages and There are also three other frequently-men­ stand this, there are laws. benefits the seniority system provides. tioned proposals for modifying the present The challenge or freedom enters the in­ The main thrust of the major proposals, system. These proposals, however, all merely dividual at two points. First, the individual both alternatives and modifications, is not limit the length of time a Member may serve has the challenge to uphold his personal in­ to eliminate the seniority system but to as­ as chairman without touching the problem dependence. Then, when an individual 1s sure that committee chairmen will be re­ o! making chairmen more responsive to the full of freedom to the point that he wishes sponsive to their party caucus and the lead­ caucus and the leadership. They are as fol­ to share it, a second challenge enters the ership regardless of how chairmen are se- lows: individual to help others gain their freedom. Februa'ry 26, 1970 EXTENSIONS OF REMARKS 5173 There is one thing about genuinely being AMERICA'S MARITIME CHALLENGE M. Hannan, has-in my opinion-already free that many have come to respect. When dedicated the Navy League to the proposition a person is authentically free, a concern for that "sea power" is, in fa.ct, «pea.ce power." an man's emancipation appears. This con­ HON. WILLIAMS. MAILLIARD He promises to pursue this proposition with cern expresses itself in a.ction, in thought, OF CALIFORNIA firm resolve by helping America remember and in deed. A soldier at a lonely outpost this precept. on a demilitarized zone is not just defending IN THE HOUSE OF REPRESENTATIVES The Navy League's support of his leader­ the freedom of the country involved, but Thursday, February 26, 1970 ship, to me, assures us that the Free World preventing the removal of freedom for all has no intention of either knuckling under mankind. You can have a part in this action. Mr. MAILLIARD. Mr. Speaker, the to the challenges we face or of politely per­ All those eligible, exercise your right to vote. best hope for peace, security, and pros­ ishing, as our enemies would hope. If you wish, exercise your right to protest, perity for our Nation lies in its oceanic President Hannan cites the great Theodore to petition, to assemble peaceably. All free strength. Yet, at the close of the last Roosevelt to the effect that we seek to bE' individuals have the right to develop their decade, our Nation had dropped to fifth strong upon the high seru>, to spread our personality the way they feel best, as long place as a maritime power. As we enter trade in peace, and to be able to defend the as this does not interfere with the freedom the 1970's, U.S. ships carry only 5 per­ integrity of our homeland. Though our posi­ of others. tion on the high seas has deteriorated, un­ Freedom, a state of mind, cannot develop cent of our trade, and as our :fleet con­ mistakably, now is the time to get on with alone. A free individual Will reach out to tinues to shrink, the Soviet maritime building our maritime strength. share his liberation With others. This means capability continues to grow. General Foch, a brilliant and beloved that true freedom is accompanied by a In light of the deterioration of our French leader in World War I, was once brotherly compassion for others. Many have maritime capabilities, I insert in the questioned by a newspaper man about one of been known to interpret personal freedom RECORD the address given on this vital the General's great advances aga.lnst over­ as taking advantage of others for their own whelming enemy forces. Foch is reported to issue by Mrs. Helen Delich Bentley, have replied that seeing the foe before him benefit. These individuals are not free, for Chairman of the Federal Maritime Com­ they are bound by their lust for gain. The in powerful array, he noted that the left­ free individual knows that only in giving mission. fiank of his own Allied forces was crumbling. fl'eedom can he receive it, and only in dy­ Mrs. Bentley's remarks follow. He looked to the right and found his entire ing to his selfish motives can he live a truly REMARKS OF MRS. HELEN DELICH BENTLEY, right flank crumbling before the enemy free life. CHAm MAN, FEDERAL MARrriME COM MIS• attack. So, if anyone were to ask, "For what pur­ SION There was only one thing left to do, said pose freedom?" you could reply: Foch, and that was to atta.ck. This audacity With the dawn of the 1970's, the presence overwhelmed the foe and snatched victory But to be frank, and give it thee again, of the flag and the fleets of the United from certain defeat. States upon the seas of the world is a rising And yet I wish for the thing I have for you. As the New Year approaches and I look My bounty is as boundless as the sea, symbol of world stability and global peace. back over 1969, there is a great deal that My freedom as deep; the more I give to thee, In every corner of our universe where men reminds me of the situation I have just The more I have, !'Or both are infinite to of goodwill plan for continued prosperity, cited. Our mercantile fleet has dropped our those who have the Challenge of Free­ free enterprise and mutual security, the nation to 5th place as a maritime power. dom. exiStence of American sea power is the bench­ United States ships ca.rry only 5 percent of mark for all the perspectives that are being our own trade. Our U.S. Naval Fleet also is projected. Ships, and the men who man shrinking while the Soviet maritime threat JUDGE DAVID STAHL them, must carry our concepts of life, liberty is increasing. and justice among free men into the dawn­ We did nevertheless, in 1969, augment the ing of the year 2000. oceanic interest 1n our nation. For the first HON. WILLIAMS. MOORHEAD Ladies and gentlemen of the Navy League, time in years, that interest penetrated the I am honored to be among you on this occa­ OF PENNSYLVANIA White House and brought from President sion. I bring a messa.ge of toil, determina­ Nixon a presentation of both policy and pro­ IN THE HOUSE OF REPRESENTATIVES tion and persistence to carry the maritime gram to the Congress of the United States, Thursday, February 26, 1970 conviction, which we share, to the men and and a reaffirmation that we must maintain women of America. For the time is now; no our strength upon the sea lanes of this globe. Mr. MOORHEAD. Mr. Speaker, the longer can we afford the luxury of talking to President Nixon's message to the Congress is people of Pittsburgh, and I, lost a dear ourselves. We must band together in dedi­ perhaps the most signiflcant maritime pro­ friend last week when Judge David Stahl cation to the public educational process nouncement that has come from the White passed away. which has been neglected for too long. House since the last great war. The tragic accident that took Dave As your history records, "The League can Today the United States proclaims that it do much, if it Will!" I must say, I subscribe intends to pursue all prudent efforts to im­ Stahl's life robbed us of his dedicated to this confidence as I urge you to general public service and his gentlemanly de­ prove our relations with the Soviet Union. quarters. For the sea, we know, Will yield Strength at sea can serve to underwrite the meanor. its bounty only in proportion to our viSion, transition. Dave Stahl was eulogized in a recent our boldness, our determination and our We are preparing for discussions on limit­ editorial in the Pittsburgh Post-Gazette. knowledge. ing nuclear weapons. Here, as McGeorge Bun­ I would like to insert this editorial into Unfortunately, too few Americans and too dy, President of Ford Foundation, observed, the RECORD so that my colleagues will few Free World global thinkers are forth­ the sea-bused Polaris-Poseidon Missile Sys· rightly facing the problems that lie ahead tem provides a real basis for hope. fathom the nature of this man whose in assuring the needed strength that we brilliant career was cut short by death: We are searching, With our European al­ must have to keep our children from awaken­ lies, for ways to reduce tensions in Europe JUDGE DAVID STAHL ing one day under a yoke of foreign totali­ and to ultimately resolve the fundamental Compassion, integrity, legal scholarship tarian rule. issues there. Obviously, the freedom of our and calm were epitomized in the life of Here With the Navy League, I deeply ap· oceanic confederation rests upon maritime Judge David Stahl, whose death Saturday preciate the opportunity you afford me to capability and strength. created a tragic and unexpected void on the be associated With a group banded together we are pursuing important talks on the United States Court of Appeals for the Third throughout their lives, we share a common Middle East. Circuit. Judge Stahl brought all of these conviction that our nation must not forget I can think of no more stabllizing influ­ noble qualities to bear in a career devoted tha.t sea power-in its total ~ense-is the ence on the course of world affairs-no bet­ to making the law truly an instrument for foundation upon which rests the American ter sign of a hopeful future-than assuring justice. cause of "," that in oceanic that this nation shall have strength at sea. As a teacher of law, as Pittsburgh City strength lies the best hope of survival and Against such a background of strength I Solicitor, as Attorney General of Pennsyl­ long-term prosperity of our nation. e.m certain we Will find that all our negoti­ vania and as a quiet leader in numerous Today, President Nixon stands before the ations-formal and informal-Will contrib­ voluntary causes before he ascended the world as a leader dedicated to peace in this ute more to global security. Only a strong bench, Judge Stahl combined thoroughness world. As a statesman and sailor, under­ nation can assure those with whom it is and objectivity With a passionate concern standably, he has turned seaward in quest negotiating that there exists capacity to for the accomplishment of social goals. He of a better formula for stability and honor treaty obligations and maintain secu­ gave unstintingly of his energies and his strength. rity arrangements. talents to every demanding assignment. His It is my firm conviction that in the years It is a paradox of past years, I hope, that example and his imprint on the law, in­ ahead American sea power must inextrica­ this nation-once a major sea power-has cluding the revised constitution of Pennsyl­ bly be the chosen path to peace, just as it turned from the sea, while Russia-tradi­ vania, will survive him as a monument. The has served as a discriminate instrument for tionally a land power-has turned to the sea. true measure of his passing is suggested by keeping the peace down through the cen­ Since the USSR is now our major competitor the challenge it will present to the President turies. in the world-for both the minds of men in finding a judge of equal stature. The President of the Navy League, James and their adherence to our economics, and CXVI-325-Part 4 5174 EXTENSIONS OF REMARKS February 26, 1970 our divergent philosophies on freedom and mission, to have h:ad the opportunity to con­ foreign commitments. Let's retreat within the rights of the individuals-a final look at sult with Admiral Thomas H. Moorer, The our own continent and build an impreg­ our divergent attitudes toward a merchant Chief of Naval Operations, United States nable 'Fortress.'" Well, ladies and gentle­ marine will be of value. Navy. Admiral Moorer is one of the impressive men, I know that I do not have to point out One thing is certain, the Russians and our­ naval leaders of this century. More than that, to you of the Navy League the fallacy that selves are 180 degrees out of phase in regard he is a great American and another man of a "Fortress America," without sea power to to the importance we attach to a. merchant vision, dedicated to maintaining in this world protect it-without military might to keep marine. There is no in-between. Either they the principles fathered with the birth of this the ocean lanes open for vital commodity have been and are 100 percent right, and we nation. He is articulating the crucial need for exchange-is an empty shell that could top­ are 100 percent wrong, or we are right and our nation to adopt a ma.ritime strategy. His ple to the first aggressor or fall into ruin they are wrong. world-wide oceanic intelligence network daily from within. At the time of the Cuban confrontation, brings new proofs of growing and spreading There is but one answer. It is a simple the Soviets paid "through the nose" for the Soviet oceanic power. answer. The United States, without ade­ lack of their own merchant ships, and were As the President 's principal advisor on quate seapower-military and mercantile­ forced to charter the ships of other nations naval matters, he recognizes the need for will not rise to its 21st Century opportuni­ for t heir Cuban adventure. But, Cuba taught oceanic doctrine. As an articulate leader, he ties: the Soviets a lesson, and from that day for­ is emphasizing to the American people that Whether the United States rises to its ward they have concentrated on building a we must turn to the sea to insure the safety oceanic destiny may well depend on the edu­ Merchant Fleet "second t o none." Since that of our cit izens and the security of the cational activities of the Navy League and date, from about 5 million tons, they have Republic. the few organizations which share its unique risen to 12 million, and they are continuing Across his desk come continuing reports commitment to the ocean. to build at a rate of about one million tons that the Red Fleet-so prevalent today in The work you are doing with Gil Slonim a year. Russian officials themselves boast that the Mediterranean-is now penetrating and and Jim Hannan serves as a source of pride by 1975 they will have achieved 16.5 to 18 plowing the waters of the Persian Gulf. There for your entire membership and augers well million tons of new merchant shipping. They are ominous overtones to its visit to Cuba, for our nation. But I must be frank to ad­ speak of the profits made by their ships in in our very backyard, at the time of the mit that our work is just starting. We have trade with the world. They speak of the for­ launching of the first moon :flight. The Soviet merely gained our maritime steerageway eign ports they enter and boast of the fact :fleet pays more and more calls on the East with the President's pronouncement. The that their seamen serve as ambassadors to Coast of Africa, and their men go ashore to hard work lies ahead. Never has the nation other countries, cementing friendship for fraternize and to propagandize. needed the Navy League more. Russia and advancing the Communist view Recently, the Soviet Chief of Naval Opera­ The brightest spot of 1969 is that fact that among people of foreign lands. tions was the honored guest and speaker at the President of the United States, Richard They speak of :flying their :flag in world the graduattion exercises of the Ethiopian M. Nixon, has recognized this need and has ports and the prestige it brings to the USSR. Naval Academy. sent to the Congress of the United States a They speak of the use of their swift, stream­ High-level Kremlin delegations visit with maritime program of challenge and opportu­ lined ships in developing trade ties with new India and Pakistan policy makers and nity. This is not a partisan judgment. Sen­ and older nations alike. planners, selling the proposition that the ator Warren G. Magnuson, Chairman of the What they do not speak of publicly-but Soviet :fleet would like to use India and Paki­ Senate Commerce Committee and Represent­ what has become evident to maritime na­ stani ports and explore the possibilities of a ative Edward A. Garm&~tz, Chairman of the tions-is the extent to which modern, newly great and :flourishing Russo-Pakistan trade, House Merchant Marine and Fisheries Com­ constructed Russian ships have now begun as they penetrate the vacuum of the stra­ mittee, both Democrats, share this convic­ to undercut world shipping rates in compe­ tegically significant Indian Ocean. tion. This is the way the nation must go­ tition with the ships of other nations. In the Philippine seas, the Soviet :fleet also unified and forward in a march to regain Unfortunately for the Free World, too is in evidence. The Russians talk trade and our proper position on the high seas, first many persons in the upper echelon of the friendship and, somehow, the Communist in every category if we are to continue to Government of the United States and in Eu­ Huks in the Philippine hills find their arms lead the free world. ropean countries pooh-poohed those who stores replenished. In his program, Mr. Nixon points out that raised their eyebrows over the expansion and Make no mistake about it, the oceans of past government policies and industry at­ activities of the Soviet Union on the high this globe are in fact the maritime spring­ titudes have not been conducive to coopera­ seas. They discounted every reference that board for launching the world-wide aggres­ tion between labor and management, and the Russians had ulterior motives. sion of Soviet imperialistic ambitions. While government for that matter. Many Europeans changed their minds after the Soviets :flex their maritime muscles glob­ Specifically, President Nixon stated: last summer when the Soviet Union decided ally, concepts of coastal security world-wide "Past government policies and industry it wanted return cargoes for its ships trans­ must, of necessity be changed and are under­ attitudes have not been conducive to coop­ porting weapons of war to North Vietnam. going a metamorphosis from defense to eration between labor and management. Our These return cargoes should come from Aus­ offense. program will help to improve this situation tralia which was practically on the trade Kremlin strategists, never satisfied with by ending the uncertainty that has char­ route since the Suez Canal was closed. They any status quo, are carefully making ex­ acterized our past maritime policy. Labor were really very polite about it-seeking plorations in the fields of maritime propul­ and management must now use this oppor­ membership in the conference under the sion and oceanic dynamics. The success of tunity to find ways of resolving their dif­ terms that the Soviet ships have 36 of the their nuclear submarines has encouraged ferences without halting operations. If the existing 72 sailings to Western Europe. The spin-off projects, and naval intelligence desired expansion of merchant shipping is to conference naturally turned them down and definitely indicates in the days ahead a be achieved, the disruptive work stoppages of a rate war ensued. greater employment of nuclear power to en­ the past must not be repeated." Russian ships have entered third-:tlag hance the mobility of their maritime President Nixon has lived up to his cam­ trade-never touching Russian ports-be­ prowess. paign promise in providing the Nation with tween Japan and Canada, undercutting We know the Soviet Fleet ranges into Aus­ a program that will modernize and rehabil­ American :flag '3.Ild other national shipping tralia, has been reported in the waters of the itate the American Merchant Marine. The between Japan and the West Coast of the Argentine, and regularly calls at Vancouver, message has already gone to Congress and United States. In doing so, they provide a Canada. Eight hundred foreign ports have the legislation is now being prepared to pro­ perfect example of what I mentioned earlier­ played host to the Soviet Navy and Soviet vide an expenditure by the government of the use of ships as a key instrument of na­ Merchantmen in over 100 countries of this $3.2 billion for the next 10 years to provide tional policy. We should never forget what globe. 300 highly productive American :flag mer­ we are observing is a nation-to-nation con­ Ladies and gentlemen, through exploita­ chant ships to carry the Stars and Stripes frontation in the maritime arena. What is tion of the oceans, the land-locked power of over the high seas. required is knowledge and policy support on the Czars is now a world-wide presence, However, this program will not be a suc­ the part of our government and the competi­ spreading infiuence and control for the So­ cess unless private funds amounting to about tive incentives to win. viet imperialism. the same $3.2 billion are matched by the As plain as the facts seem to all of us who Now, we could follow the theory that what steamship companies and the financial com­ have a weather eye fixed on the situation, it we are seeing here is the ordinary, normal munity. is most unfortunate that we have not con­ growth of a great power. What is there about What I am saying, is that for any new vinced more Americans that it is a bona fide all this to get us excited? Well, ladies and maritime program to be a success there are Soviet intention to "bury us at sea." All of us gentlemen, even an amateur global strate­ two primary requirements: The first is, gov­ must resolve, as the 1970's dawn, to tell it to gist today must realize that, spread out as ernment participation to make up the dif­ the American people and to tell it "like it is." the United States is, with its global NATO ferential on the higher costs of operating Here, based on your impressive records, Navy and SEATO commitments and its far-:tlung American ships to maintain the American League can make a major maritime contribu­ foreign interest, unless we have the ability standard of living in competition with the tion. The key consideration is oceanic edu­ to communicate-by ship--our lifeline of foreign :flag vessels which with the lower cation and public knowledge. world leadership is in peril. standard of living of other countries are It has been one of my great privileges, as There may be many who say, "Get out of much cheaper to build and more cheaper to the Chairman of the Federal Maritime Com- Europe. Get out of Viet Nam. Abandon our operate. The second-and a very important February 26, 1970 EXTENSIONS OF REMARKS 5175 one-is the proper economic atmosphere to As is my custom, I hereby insert the Judge Hoffman should be highly com­ attract private investments, money from January 1970 parity figures along with mended. It was a most diflicult procedure, the business and financial community which the January 1969 figures for comparison: made so by the conduct of the men on trial." is necessary if the American Merchant Ma­ "These professional juvenile delinquents rine is to continue as a free enterprise busi­ must be made to understand that t hey can­ ness proposition. January not come into a city and tear it apart to Wit h the money market as tight and ex­ Commodity 1970 suit their childish whims. We establishment pensive as it is today, no business is willing squares and we of the silent majority will t o risk any capital whatsoever where any un­ WheaL------47 47 not buy it-it's not our bag," another wrote. Corn·------65 64 certain t y prevails and particularly where un­ Cotton______41 40 CALLS TRIAL A "MOCKERY" cer tainty in the labor picture prevails. Milk · ------83 82 Dissenters included a 19-year-old Western To b ack up the President's maritime pro­ ButterfaL------74 75 Illinois university student who wrote, "I posal, I should like to present a five-point WooL .. ------44 41 would like to add that I believe this trial is, program I personally consider to be crucial BarleY------65 61 Flax .... ------67 62 has been, and will remain the biggest mock­ in the revitalization of the American Mer­ Oats ______69 63 ery of the United States judicial system in cantile Fleet and its protection: F irst, with the provision of policy in­ recent years." ~~~t~~~;BeeL----:~======------======------======-= =----= ===- 78~~ 82~l A Harvey reader wrote: "Every once in centives, American national strategy must be Hogs______74 96 oriented to the oceans. awhile, a judge makes a fool of himself; so Second, maritime research must be given ChickenLamb_ __ ••_ ____------______------______8567 ___ ------87- Judge Hoffman as of now takes first prize. the same high priority as the aerospace in­ Turkeys .. ------__------65 77 When protesters are jailed and the stupid dustry to build the modern, competitive clip­ Eggs • • • • ------___8_3 ____ 96 pigs are praised, the civil rights of Americans have fallen in a pigpen." per ships of the 21st Century. Average. ___ ------____ ------72 75 Third, the American shipbuilding industry The next results of The Tribune poll will must be the world's best through every cre­ be in Friday's newspaper. ative, competitive, innovative effort possible, CHICAGO TRffiUNE READERS AP­ backed by the fullest ingenuity and know­ PROVE OF "SEVEN" TRIAL RE­ how of American technology. SULTS FREEDOM'S CHALLENGE Fourth, programs of oceanic education must be instituted and pursued at every in­ tellectual level within our system to regain HON. ROMAN C. PUCINSKI HON. LAURENCE J. BURTON the knowledge and understanding of the OF ILLINOIS truly seafaring nation that the United States OF UTAH must become to retain its world leadership IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES and a competitive position on the world Thursday, February 26, 1970 Thursday, February 26, 1970 oceans. Fifth, we must have labor stab111ty. Mr. PUCINSKI. Mr. Speaker, the Chi­ Mr. BURTON of Utah. Mr. Speaker, Let us hope that with the implementation cago Tribune has conducted a public each year the Veterans of Foreign Wars of the Nixon sea-oriented policies the time opinion poll to ascertain how the readers of the United States and its Ladies Aux­ of the soft and simple theories of the land­ of this highly respected newspaper, iliary conduct a Voice of Democracy oriented "whiz-kid" approach wm be gone which has a circulation throughout the Contest. A winning contestant from each and that we w!ll find a more enlightened audience in the Capitol, better ready and country, reacted to the much discussed State is brought to Washington, D.C., for better geared to help us convince the na­ trial of the Chicago seven. the final judging as a guest of the Vet­ tion that American sea power is Free World The results of the Tribune's public erans of Foreign Wars. The winning peace power and what it portends is pros­ opinion poll follow: speech from my State of Utah was writ­ perity. TRIB~NE POLL SHOWS: READERS APPROVE OF ten by Sharron Albrecht, who lives in I look forward to participation in your "SEVEN" TRIAL RESULTS Richfield, a city in my congressional dis­ Oceanic-Maritime Symposium in Washing­ Public opinion response to the Tribune trict. The speech so well exemplifies the ton, D .C., on February 18 and 19 of next poll on the results and conduct of the con­ strength of purpose of our American year-for 1970, I am confident, will launch troversial conspiracy trial shows that 92 per us, as a nation, into the prosperous "Decade youth that I wish to share it with my cent approve the jury decision and 82 per colleagues: of the Seas". Let us resolve at this time to cent indicate approval of Judge Julius Hoff­ take a determined and deep look into the man's conduct of the proceedings. FREEDOMS CHALLENGE "Maritime wealth of world oceans." A breakdown of the total vote tabulated A wild animal finds freedom in running thus far is as follows: through a dark forest, his home. A baby bird finds freedom in trying out its shakey wings. I approve of the conduct of the trial And I, I find freedom in having been born JANUARY PARITY (82% ) ------9, 086 a citizen, of the United States of America. I d1sapprove of the conduct of the Freedom, a word that America knows more trial (18% )------2,027 about than any other country in the world. HON. JOHN M. ZWACH I disapprove of the results of the Freedom, a noble word with a noble meaning OF MINNESOTA trial (8% ) ------979 that outshines any other. Freedom bas been I approve of the results of the trial able to give its opportunities only to some IN THE HOUSE OF REPRESENTATIVES (92% ) ------11,707 people. I have been fortunate because free­ Thursday, February 26, 1970 Readers expressed a greater interest in the dom has gi\'en me a country of which to be outcome of the trial than in the debate over proud. Mr. ZWACH. Mr. Speaker, during his the relative conduct of participants in the Mountains with their blankets of tiny campaign for the Presidency, President legal battle, which resulted from rioting dur­ snow:tlakes that glitter like diamonds, rise Nixon stated with his agricultural policy, ing the 1968 Democratic national convention majestically in front of my eyes and speak which I quote from "Nixon on the in Chicago. of the strength and power in freedom 1\nd Issues": "All of these individuals are well educated. democracy. The warmth of a cozy, crackling, Dedicated efforts to improve market prices While they propose to destroy our present fire tells the story of the joy and happiness and strengthen our market economy; 74 setup, nevertheless I have not read of any­ found in living in a democratic country. The percent of parity is intolerable in my book; thing they have proposed to take its place," fields of golden wheat waving gently in a soft farmers are entitled to better, and I pledge a reader stated. breeze under a sky kissed with pink from that in my Administration they will have A new citizen of Hungarian descent wrote: the sett ing sun symbolize the prosperity of better .••." "I never in my life saw what is happening in freed,om. this country. Any person who would dese­ Freedom lies In each small :tlower as it The parity average for January 1969 crate the :tlag or carry Viet Cong :tlags is a blossoms Into maturity. It stands forth from was 72 percent. Today, the January 1970 traitor to his own country. This I believe every towering pine tree and gaily laughing average is 75 percent. An increase of 3 strongly: It is all caused by Communists, brook. It can be found in busy city streets percent. I do not agree with all the deci­ as I lived under them for 20 years." with the constant noise and turmoil of peo­ sions the President and Secretary of ple going places and doing things. It belongs COMME:t.'"DS JUDGE HOFFMAN to a mother and her daughter, to a father Agriculture have made concerning the A supporter of the trial results and its con­ and his son, to each of us is given the joys farm program. I feel if we are to use the duct wrote: "Do you folks [in Chicago] know of freedom. Everywhere I go my eyes behold guideline as stated above, more must and that many, many people including myself sights of beauty and wonder that I can enjoy should be done to raise the income of have no desire to visit Chicago because of because I am a free person. How does this our farmers. We should have a higher fear? Wake up if you wish to save your city... marvelous freedom challenge me? It chal­ increase than 3 percent in 1 year's time. An Iowa City housewife wrote: "I think lenges me to be my very best. I want to be 5176 EXTENSIONS OF REMARKS February 26, 1970

someone, to have contributed to our de­ A TRIBUTE TO FATHER SERVODIDIO PROCLAMATION mocracy, to help keep our noble heritage Whereas: Reverend John T. Servodidio, shining brightly. Freedom is a never-ending Director of Staten Island Catholic Charities challenge. HON. JOHN M. MURPHY Family Community Services, being conscien­ As winter melts into spring, as the streams OF NEW TOlUt tious and a diligent citizen of Staten Island enlarge into small rivers with their overload and as such an asset to our community; and of melted snow, I want to be able to say, I IN THE HOUSE OF REPRESENTATIVES Whereas: Reverend Servodidio has per­ have taken advantage of the freedom I have Thursday, February 26, 1970 inherited. I have freely chosen the church I formed his duties with a hard won knowl­ want to belong to and participated in that Mr. MURPHY of New York. Mr. edge and a deep appreciation of the priv­ church to make myself a better person, better Speaker, a testimonial dinner-dance in ilege of living in true democracy; and able to serve my country. As summer drifts honor of the Reverend John T. Servo­ Whereas: we express our gratitude to Rev­ into fall and her gaily colored leaves fall erend John Servodidio for his service and didio was held at New Dorp's Tavern on dedication to our community. He is a man gently to the ground, I hope to be able to the Green on February 20. More than 350 say, I have taken advantage of the schools among us, a man who has expressed a living I can freely go to. I have tried to gain as friends attended the affair-a tribute to sensitivity to the world around us; and much knowledge as possible, and have tried this young priest whose zest and dedica­ Whereas: a man who has the virtue of to widen my horizons so I will be better tion as director of the Staten Island awareness that is expressed by his dyruamic equipped to support my country. As fall Catholic Charities Family and Commu­ action for people, and has a continued con­ dreams into winter with her blanket of softly nity Services has won the respect and ap­ cern that is selfless and sincere, fallen snow, I hope to be able to say, I have Now, therefore, I, Robert T. Connor, Pres­ preciation of the entire community. I ident of the Borough of Richmond, by vir­ worked and achieved as much as possible. consider myself fortunate to have been I have used my time that is freely mine to tue of the power and authority vested in me do with as I please to my very best ad­ one of the many sponsors of this most­ by the laws of the City and State of New vantage. Freedom lies on my doorstep. It fitting tribute which was aptly reported York, do hereby proclaim Friday, February offers its challenge to me. A challenge which in the Staten Island Advance. I include a 20th, 1970 as I alone must live up to. I must take the press report and a proclamation by the REVEREND JOHN T. SERVODIDIO DAY freedom given me and use it, use it to ex­ borough president of Staten Island de­ In the Borough of Richmond and urge all pand my knowledge, to make something of claring February 20, 1970, as Rev. John the members of our community to join in myself, to create a stronger person who will T. Servodidio Day. paying tribute to Father Servodidio who has add to his country. I want to contribute to COMMUNITY HONORS PRIEST FOR SERVICE given much of his time, effort and under­ this country that has given me so very much. standing in helping so many people. Music, laughter and good will filled the In witness whereof, I have hereunto set my Tavern on the Green, New Dorp, last night hand and affixed the official seal of the as 350 friends of the Rev. John T. Servodidio, Borough of Richmond this thirteenth day of COMMEMORATION OF 52D ANNIVER­ director of the Catholic Charities Family and SARY OF LITHUANIAN INDEPEND­ February in the year of our Lord one thou­ Community Services on Staten Island, gath­ sand nine hundred and seventy. ENCE ered for a testimonial dinner-dance in his honor. ROBERT T. CONNOR. The affair was organized by friends of HON. JAMES J. DELANEY the priest to honor him for his service to OF NEW YORK the community. Special guests at the event IN THE HOUSE OF REPRESENTATIVES were his parents, Mr. and Mrs. Pasquale RODERT M. COX HONORED BY Servodidio, and his brother, sisters, nieces Thursday, February 19, 1970 and nephews. JEWISH WAR VETERANS Mr. DELANEY. Mr. Speaker, I am glad The main speaker, Bishop Edward D. Head, to have this opportunity once again to praised Mr. and Mrs. Servodidio as the "roots" HON. JOSEPH M. GAYDOS from which the blessings of Father Servodi­ pay tribute to the gallant Lithuanian dio flow, and praised the priest as a man who OF PENNSYLVANIA people on the occasion of the 52d anni­ "challenges his friends to be bigger people." IN THE HOUSE OF REPRESENTATIVES versal-y of their national independence. Anthony Jacobi of Our Lady of Mount Thursday, Februa1·y 26, 1970 For nearly a century and a quarter, Carmel-St. Benedicta's R.C. Church, West these brave and noble people were as­ Brighton, the parish in which Rev. Servodi­ Mr GAYDOS. Mr. Speaker, McKees­ sailed with the full force of Russian dio served 10 years as assistant pastor, then port Post 181, Jewish War Veterans, in tyranny. Their lands were confiscated; thanked the priest for his service to the my 20th Congressional District of Penn­ their schools were closed; they were sub­ young people of that community. sylvania, has made it a practice each ject to persecution because of their re­ The Rev. Arthur D. Phillips, pastor of Fel­ year to single out for special recognition lowship Baptist Church, Mariners Harbor, ligious beliefs; Lithuanian language and spoke of the priest as a man who is "totally the individual which the post feels has literature were outlawed; and the press involved in all he does." Mrs. Mills Skinner, contributed the most to the brotherhood was used almost entirely as an organ for widow of the Rev. Skinner of Shiloh A.M.E. of man in the preceding year. Russian propaganda. Zion Church, West Brighton, likened Father The 1970 recipient of this community Finally, in the peace that followed Servodidio to a cork in the ocean that can service award is Robert M. Cox, a World War I, the courageous Lithuanian be knocked about but never drowned. McKeesport businessman and a long­ people succeeded in proclaiming their Andrew Barberi, football coach at Curtis time friend of mine. Mr. Cox was recog­ national independence. During the next High School, thanked the priest for his con­ nized as the "man of the year" for his tributions to the youth of the West Brighton 22 years they devoted their unbounded area both in and out of athletics. charitable, humanitarian, and civic ac­ talents and energies to creating a modern The awards and gifts presented to Father tivities. Sam Weinberg, commander of and progressive state, which became a Servodidio were in traduced by Eugene Ma­ the JWV post, presented the award t:> valued member of the family of nations. siello. An American Legion award was pre­ Mr. Cox and described the recipient as Unfortunately their freedom was short sented by Aldo Benedetto, past state com­ symbolizing the spirit of brotherhood. lived. mander; a Catholic Youth Organization I had the priviledge of a·ttending the In 1941, hapless Lithuania fell to the award by Eugene Overmeyer, director, and a banquet where Mr. Cox's outstanding Nazis. After 3 years of terror under Hit­ gift from the boys in the neighborhood was presented by Masiello. record in community service was praised ler's legions, this unfortunate nation was A poem was then read by Mrs. Edna Wil­ by many civic and religious leaders. enslaved by the brutal warriors of Com­ liams of the West Brighton Community Among those who spoke of Mr. Cox's de­ munist Russia. The United States has Council, praising "Father John". votion to his fellow man were Leonard never recognized the forcible incorpora­ Father Servodidio then spoke, thanking c. Staisey, chairman of the Allegheny tion of Lithuania into the Soviet Union, everyone for their "overwhelming" tribute County Board of Commissioners; Mayor and we properly set aside this time each and tracing his interest in good works back Zoran Popovich of McKeesport; Mayor year to announce to the world our strong to the example set by his father. John L. Patterson of White Oak, Samuel objections to Soviet enslavement of these He said he was gratified to see "our black Vidnovic, McKeesport City treasurer; heroic people. brothers and sisters here at this affair, be­ the Reverend James L. Nelson of Zion cause what can be done here can be done It is my fervent hope and prayer that outside. We can create a real community Baptist Church; Rabbi Milton Turner the day will soon come when the free­ like this 24 hours a day, seven days a week, of the Tree of Life Synagogue; Msgr. dom-loving people of Lithuania will once and then we would have no problems." Michael Dravecky of Holy Trinity again live in liberty as an independent Ralph J. Lamberti served as chairman for Roman Ca.tholic Church; Rabbi Leonard nation. the dinner and was master of ceremonies. Winograd of Temple B'nai Israel and February 26, 1970 EXTENSIONS OF REMARKS 5177 the Reverend William J. Irey of Samp­ not to make any treaty settlements with It deals with such things as the differ­ son Mills United Presbyterian Church. Soviet Russia, until this has been achieved, ences in student rights between private and be it finally and public institutions, freedoms of cam­ The principal speaker at this brother­ Resolved, that this Resolution be forwarded hood banquet, the eighth such event held to the President of the United States, and pus newspapers, the unique rights and by the Jewish War Veterans, was Judge copies thereof sent to the secretary of the responsibilities within the classroom, and John G. Brosky of Allegheny County's State, the Senators and Representatives of the issue of double jeopardy. Common Pleas Court. Pointing to Mr. the State of Indiana, and to the press. Mr. Speaker, it is this kind of effort Cox's many achievements, Judge Brosky which leaves me with the hope that the said the honor bestowed on him by the Congress will not have to adopt any fur­ JWV was the summation of all his ac­ ther legislation directed at campus un­ tivities in many areas of community CAMPUS UNREST: A CLARIFICATION rest than we already have. service. OF LEGAL ISSUES The excerpts follow: Mr. Cox has been a driving force be­ CAMPUS UNREST: A CLARIFICATION OF LEGAL hind the rebuilding of McKeesport. He HON. ALBERT H. QUIE ISSUES BACKGROUND erected a new store which served not only OF MINNESOTA as an example to other merchants but While disruptive protest has not been and also as a demonstration of his faith in IN THE HOUSE OF REPRESENTATIVES is not characteristic of most colleges and the futw·e of his city and its citizens. Thursday, February 26, 1970 universities, both the number and intensity Because of Mr. Cox the city of McKees­ of the disruptions cause deep concern in a Mr. QUIE. Mr. Speaker, although nation that is now providing an opportunity port is a better place and its residents campus unrest is still a part of our social for higher education to more students than owe much to him. scene, I believe the great majority of col-­ any other society in history. lege and university administrators, fac-· Of great concern, also, are the grievances ulty, and students have made signif­ of university students and their opportunity icant strides in coming to grips with the to express these grievances. It is ironic that many of the disruptive LITHUANIAN FREEDOM underlying causes of violent dissent. In disturbances have taken place in institu­ RESOLUTION addition to hundreds of campus study tions least deficient in their sensitivity to groups and committees, professional student concerns. Indeed, the commission education association task forces, and believes that the very excellence of a given HON. RAY J. MADDEN other efforts, the American Bar Associa­ university and its lack of repressive policies OF INDIANA tion inaugurated last summer a commis­ may be conditions conducive to unrest. IN THE HOUSE OF REPRESENTATIVES sion on campus government and student students may be less willing to assert dissent. The following distinguished perceived grievances if summary repression Thursday, February 26, 1970 is the only foreseeable result. Complete Mr. MADDEN. Mr. Speaker, last Sun­ educators and attorneys served on this apathy in a vigorous academic institution, day evening, February 22, in East Chi­ panel: however, is not to be expected or desired. cago, Ind., a large mass meeting of William T. Gossett, former president, It may sometimes be as much a cause of American-Lithuanians and friends of American Bar Association, 1968-69, concern as confrontation itself. chairman; Expression of grievances may be desirable, Lithuanian freedom held an overfiow but it is equally desirable that the tension banquet commemorating the 52d anni­ Morris B. Abram, president, Brandeis University; be expressed in forms which are consistent versary of Lithuanian independence. with law. I include with my remarks a letter Mary I. Bunting, president, Radcliffe There is also reason to suggest that some dated February 22, 1970, from the Lith­ College; issues have been the subject of demonstra­ uanian American Council, and also a res­ Lawrence R. Caruso, legal counsel, tion on campus not because the university olution unanimously adopted at the Princeton University; has more (or even as much) influence or gathering. Ramsey Clark, former Attorney Gen­ responsibility than other institutions for the eral of the United States; determination of national and international LrrHUANIAN AMERICAN COUNCIL, Samuel Dash, director, Institute of policies, but simply because its very fragility February 22, 1970. and tolerance constitute an invitation to Hon. RAY J. MADDEN, Criminal Law and Procedure, George­ those who may seek to use these issues to House of Representatives, town University; attack the institutions of our society. Washington, D.C. Rev. Theodore M. Hesburgh, presi­ No university, however progressive, can DEAR Sm: The enclosed Resolution was dent, University of Notre Dame; avoid confrontation with those who are de­ adopted at a mass meeting of American Edward H. Levi, president, University termined to use it merely as an instrument Lithuanians sponsored by the Lithuanian of Chicago; of revolutionary politics. American council of Lake County, Indiana, Glen A. Lloyd, lawyer and former The importance of the orderly functioning in commemoration of the 52nd Anniversary chairman, board of trustees, University of our universities is too great to tolerate of the Declaration of Independence of Lith­ the number and kinds of disruptions that uania at St. Francis Church Hall, 3905 Fir str. of Chicago; have become commonplace. East Chicago, Indiana on the 22nd day of John A. Long, president, law student At the same time, there is a risk that February 1970. division, American Bar Association; certain efforts to maintain order may them­ A. G. VINICK, Bayless A. Manning, dean, Stanford selves be excessive and may indirectly con­ Chairman. University Law School; tribute to disruptions infringing upon rights P. INDREIKA, Jerome J. Shestack, chairman, section of students within a university freely to ex­ Secretary. of individual lights and responsibilities, press their dissent and to be dealt with fairly American Bar Association; when charges of misconduct are asserted RESOLUTION against them. Whereas, It is thirty years since Lithuania, Richard E. Wiley, lawYer and former The commission's recommendations are Latvia and Estonia were partitioned between chairman, young lawYers section, Amer­ based upon the premise that within a uni­ Germany and Russia, ican Bar Association. versity it is possible for men of good faith to Whereas, Russia's foreign Minister Andrei Logan Wilson, president, American engage in free expression, and that it is Gromyko in recent statements to other na­ Council on Education; possible for institutions of self-government, tions urged them "To take a more sober view including university disciplinary proceedings, on this question and recognize that it is Whitney M. Young, Jr., executive di­ to operate effectively. These conditions exist impossible to keep seized foreign areas as a rector, National Urban League; in the overwhelming majority of American result of aggression and that they should be A. Kenneth Pye, dean of the Duke institutions of higher learning. returned to those to whom they belong." University School of Law, and William Unfortunately, there are universities where, Whereas, To this day the Soviet Union Van Alst~ ne, professor of law at Duke, on occasion during recent years, different still holds Lithuania, Latvia and Estonia in served as project codirectors. conditions have prevailed. For example, dis­ its "concentration camp" as Anatoly Kaznet­ Excerpts from the commission's report ciplinary hearings have been interrupted, sov, refugee author defined it, were printed in the February 24, 1970, hearings have been turned into politicized Be it resolved, that we urge the Govern­ propaganda tirades, coercion has been exer­ ment of the United States to use its power issue of the Chronicle of Higher Educa­ cised to preculde rational consideration and and influence to help Lithuania and other tion. It is a very thorough and thought­ determination of the issues involved. Baltic States regain their freedom and sover­ ful statement on the essence of academic A university should not permit its fairly eign rights in accordance with the principles freedom and student rights as well as established procedures to be frustrated by of the Charter of the United Nations, and clarifying the responsibility of students. conduct of this nature. University discipli- 5178 EXTENSIONS OF REMARKS February 26, 1970 nary proceedings are fragile instruments. A subject to the control of its a.d.viser nor acts of vandalism or other misconduct that university does not have a career judiciary, should freedom of association be denied to seeks to hinder the orderly distribution and or marshals, sher11fs, or ba1111fs to enforce its groups unable or unwilling to secure assist­ availability of publications on campus. orders and maintain order. ance of this kind. The fact of insUtution.al subsidy and Any dedicated group of disrupters can Affiliation of a voluntary student associa­ liability does not warrant censorship of edi­ interfere effectively with the deliberations of tion with extramural organizations is not by torial policy or content in any broad sense. any university tribunal. Such a situation is itself a sufficient reason to deny that stu­ The university may provide for limited re­ akin to the type of insurgency which justifies dent association the use o1 campus facilities, view, however, solely as a reasonable precau­ martial law, and an institution may be re­ although reasonable provision may be made tion against the publication of matter which quired to depart from its normal procedures to safeguard the autonomy of a campus orga­ would expose the institution to liability. (such as closing a hearing to the public) nization from domination by outside groups. At the sa.me time, editors and managers when it is immediately threatened with Freedom of association on campus may of student publications should be protected disruption. properly reflect personal or political interests from arbitrary suspension and removal from FREEDOM OF EXPRESSION of the members not necessa.rily related to the office because of student, faculty, or adminis­ operation of the university or its regular Our recommendations distinguish gener­ trative disapproval of editorial policy or con­ instructdonal program. tent. Only for proper and stated causes should ally between public and private institutions Acts of intimidation or disruption of the because their needs and circumstances may editors and managers be subject to removal university may properly be forbidden by rules and then by orderly and prescribed proce­ differ sharply, especially for institutions with applicable to all members of the academic announced doctrinal commitments and spe­ dures. community, including voluntary associa­ Where the student press is supported by cially limited vocational or religious objec­ tions. tives, and where the First Amendment may compulsory student fees or other signifi­ 2. Freedom of speech and assembly. Rules cant university subsidy or where there is a not apply. speclfice.lly applicable to speech and assem­ At the same time, our recommendations generally accepted public identification with bly on campus should be clear and specific the particular institution, It may properly for public institutions may also be appro­ to avoid the possibility of arbitrary enforce­ priate for many private institutions as well. be subject to rules providing !or a right of ment and to avoid degrees of uncertaJ.nty reply by any person adversely treated in its To a considerable extent, this similar treat­ which might otherwise inhibit the exercise ment of student expression in many private publication or in disagreement with its edi­ of orderly and peaceful expression. torial policy or its treatment of a given institutions as in public institutions reflects No rule should restrict any student ex­ event. the fact that a clear distinction cannot al­ pression solely on the basis of disapprovai University published and financed student ways be made in a given case as a matter of or fear of his ideas or motives. At the same la.w, educational policy, or institutional need. publications should appropriately indicate time, the fact that students may pursue in­ that the opinions there expressed are not nec­ Increasingly, for instance, more and more terests in political action through speech private institutions rely upon governmental essarily those of the university or the student and assembly on campus does not abrogate body. Moreover, other student publications assistance to underwrite new construction, their accountability as citizens to the con­ research, salaries, and student aid. may fairly be required to indicate that they stitutional laws of the larger society, and are not published or financed by the uni­ The Supreme Court has said: " ..• When the university is entitled to reflect these con­ versity, and that opinions expressed therein authority derives in part from government's straints in its own regulations. are without university endorsement. thumb on the scales, the exercise of that In addition, institutions of higher educa­ 4. Within the classroom. The classroom is power by private persons becomes closely tion have a serious obligation to protect the not an unstructured political forum. It is a akin, in some respects, to its exercise by operation of the university from disruption center for the study and understanding of a government itself." and to protect the members of the academic described subject matter for which the in­ Whether the First Amendment will be held community and all others authorized to use structor ha.s professional responsibility and to apply to certain private institutions or their facilities from harassment and coerc:ion. institutional accountab1lity. at least to certain aspects of their operations Modes of speech or assembly that are Control of the order and direction of a when they are financed and otherwise sig­ manifestly unreasonable in terms of time, class, as well as control of the scope and nificantly involved with government has not place, or manner may be forbidden by clear treatment of the subject matter, must there­ yet been decided by the Supreme Court. and specific university rules. Such rules are fore immediately rest with the individual Nevertheless, prudent planning requires the a condition rather than a limitation of free­ instructor, free of distraction or disruption recognition that the court may hold that the dom within the university. by students or others who may be in disagree­ amendment is applicable. In addition to being protected in the exer­ ment with the manner in which he dis­ The commission wishes expressly to note cise of their own freedom of speech, students charges his responsibillties. that not all of our suggestions necessarily should be free to invite and to hear any Thus, disruption of the classroom itself or reflect established requirements even as ap­ person of their own choosdng. conduct within the classroom insubordinate plied to public institutions. To a certain ex­ Routine procedures required by a public of the instructor's immediate authority may tent, this is unavoidable because the law is institution before a guest speaker is invited appropriately be forbidden by the rules of not entirely settled. to appear on oa.m.pus, such as those appli­ the university. More substantially, however, our recom­ cable to other assemblies on campus, should Given the fact that the classroom may not mendations attempt to report standards that be designed to insure only that there is an be utilized to ventilate grievances relevant may be seen as fair and feasible, faithful to orderly scheduling of fac1lities and adequate even to the conduct of the class itself, at the law as it has developed, and also respon­ preparation for the event. least when the instructor indicates his re­ sive to the needs of students and the con­ Institutional control of campus fac1litdes luctance to depart from the assigned mate­ straints of higher education. thus should not be used as a device of cen­ rials, universities should provide some order­ sorship. Guest speakers, not otherwise as­ PubZic colleges and universities ly means outside of the classroom for the sociated with the university, are nevertheless review and disposition of such grievances. Students enrolled in public institutions of accountable for their conduct under valid higher education are entitled to the same general laws, and the university may seek the Private colleges and universities First Amendment freedoms that they hold as assistance of those laws under appropriate Students enrolling in private institutions citizens. In the context of the campus itself, circumstances. of higher education are generally subject to the fair ex~rcise of those rights involves the 3. Freedom of the press is in a basic sense whatever extent of regulation each institu­ following considerations. but a special aspect of freedom of speech. As tion has determined to be appropriate to its 1. Freedom a! association. Students should a consequence, many Of the rules protecting own needs and circumstances. be free to organize and to participate in vol­ and limiting other modes of expression on The Constitution does not require that a untary associations of their own choosing campus will apply equally to the regulations private semina-ry subordinate its belief in subject to university regulations insuring of publications. revealed truth to criticism within its own that such associations are neither discrimi­ Ideological censorship is thus to be walls, nor does it forbid the dedication of natory in their treatment of other members avoided in the determination of printed mat­ private assets for secular purposes which of the academic community nor operated in ter available on campus; access to publica­ the grantor or his trustees desire to limit a manner which substantially interferes with tions is not to be denied because of dis­ specifically as they think best. the rights of others. approval of their content; and regulation of A private college is generally free to deter­ Under appropriate circumstances, e.g., student publications that operate on the mine to its own satisfaction the nature and where university funds may be involved, or same basis a.s other private enterprises should conditions of the educational service it where support is provided other than through be subject only to the same control as those wishes to offer. In a pluralistic society, the voluntary contributions of the members respecting the reasonableness of time, place, basic value of all of these institutions in­ th-emselves, the university may reasonably and manner of distribution. heres in the fact that they offer alternatives require a reliable accounting procedure and Similarly, valid general laws proscribing which remain highly attractive choices to a list of officers or other persons responsible willful defamation, public obscenity, and many people. for the overall conduct of the association. other actionable wrongs apply equally to Correspondingly, the principal obligation While a faculty adviser may be of benefit printed matter as to other forms of expres­ of these institutions to those whom they en­ to an association and provision may be made sion on campus. Finally, just as the institu­ courage to enroll is primarily one of clear to encourage this degree of faculty support, tion has an obligation to discourage interfer­ and honest disclosure. Where the institu­ a voluntary student association ought not be ence with speech, so also may it prohibit tion thus makes clear its own expectations Februa?"Y 26, 1970 EXTENSIONS OF REMARKS 5179 and provides an understanding of what it may prefer and may choose to accept in­ Equality of enforcement deems incompatible With its purposes as well formal procedures for the determination of The university has an obligation to apply as what it will attempt to provide, respect for guilt or the imposition of a sanction. its rules equally to all students who are it s rules may be expected in the conduct of [Following are] principles for achieving similarly situated. This d·oes not mean, how­ its students subject to whatever process of reliability and fundamental fairness. ever, that a university is required to refrain change the institution has otherwise estab­ THE NEED FOR RULES from prosecuting some offenders because lished. there are other offenders who cannot be In pract ice, however, some private institu­ A number of colleges and universities have instituted disciplinary proceedings against identified or who are not presently being tions (e.g., a school with a fixed doctrinal or tried for some other valid reason. ideological objective) may also need to re­ students on the basis Of their "inherent au­ flect their special characteristics in their thority" to maintain order on campus, in Impartiality of the trier of fact st affing and admissions policies, as well as spite of the absence of any rule forbidding The truth or falsity of charges of specific in t heir rules and publications. the particular conduct which formed the acts of misconduct should be determined by Ot herwise, some students and faculty may basis of the charge. an impartial person or group. Where the particular conduct involved come into the institution in spite of, rather Notice of the charge than because of, the institution's special substantial disruption and was otherwise of characteristics. Their displeasure with poli­ such a nature that the students could not A student accused of specific acts of mis­ cies with which they disagree may result in reasonably have supposed that it would be conduct should receive timely notice of the cont roversy which in turn may trigger a dis­ condoned by the institution, the university's specific charge against him. The charge ruption, despite the institution's attempt to authority to proceed simply on the basis of should be sufficiently precise to enable the make its policies clear in its rules and pub­ its inherent authority has generally been student to understand the grounds upon lications. upheld by the courts. which the university seeks to justify the Many private institutions neither feel a On the other hand, one federal court of imposition of a sanction and to enable him need for regulating student political expres­ appeals has recently rejected the view that adequately to prepare any defense which may sion in any manner differently from what inherent authority alone is a sufficient basis be available to him. we have recommended for public institu­ for serious disciplinary action, further ob­ Information concerning the nature of the tions, nor do they think it desirable to set serving that the doctrines of vagueness and evidence overbreadth that other courts have applied themselves apart in this respect. If a student denies the faots alleged in Indeed, it deserves to be said that anum­ to invalidate certain university rules appli­ cable to political activity "presuppose the the charges, he should be informed of the ber of private institutions do not maintain nature of the evidence on which the disci­ even that degree of restriction on student existence of rules whose coherence and boundaries may be questioned." plinary proceeding is based. political activity which the law allows even He should either be given the right to to their public counterparts. The commission Given the unsettled state of the law and the reasonableness of competing points of confront the witnesses against him or be fully supports the many distinguished pri­ provided with the names and statements of vate colleges that have adopted such policies. view on this subject, the commission is not inclined to recommend either that a uni­ the witnesses who have given evidence The respect intends only to acknowledge against him. that variation among the circumstances of versity may never act against a student other all our institutions of higher learning makes than pursuant to a published rule clearly Opportunity to be heard it imperative to recognize that each institu­ furnishing the basis for a specific charge or The student should be given an oppor­ tion must enjoy a substantial measure of that it may freely act against the student tunity to respond to the evidence against freedom in reconciling these recommenda­ even in the absence of any clearly applicable him. tions with its policies and objectives. and previously published rule. Basis of decision Rather, the commission believes it more ORDER WITH JUSTICE useful to state the various considerations The trier of fact before whom the hearing The interests of the public and higher according to which an institution may better is conducted should base its decision on the education will be best served by entrusting determine what fundamental fairness may evidence presented at the hearing. the primary responsibility for the mainte­ require in the circumstances of a given case. Representation of accused nance of order on the campus to the univer­ A college or university ought not be ex­ A student should have the right to be rep­ sities when they are willing and able to per­ pected to formulate elaborately detailed resente~ at the hearing by any person se­ form the function. codes of conduct comparable to consolidated lected by him, such as a fellow student, a Searching self-evaluation, the identifica­ criminal statutes of a state. faculty mamber, a lawyer, or a friend from tion of valid grievances, and prompt atten­ For most purposes, however, it is feasible outside the university community. tion to institutional shortcomings provide for a college or university to describe its the most effective assurance for the mainte­ standards with sufficient clarity and to pub­ Interim suspension nance of order. As in other fields of en­ lish those standards in a form readily avail­ As a general rule the status of a student deavor, prevention is to be preferred over able to its students in a manner which, while should not be altered until the charges therapy. not exaggerated in length, detail, or complex­ brought against him have been adjudicated. Not all confrontations can be avoided. In ity, will provide fair notice of what is ex­ Experience has shown, however, that such cases, primary reliance should be placed pected and what is forbidden. prompt and decisive disciplinary action may on university disciplinary procedures, sup­ Where a rule has been adopted which is be required in extreme cases before there ported by university security personnel, for applicable to behavior involving some aspect is an opportunity to conduct a hearing, as the maintenance or restoration of order and of freedom of speech, association, or assem­ in cases in whic.h a student's conrtinued pres­ the prevention of future disturbances. The bly, there is a special obligation that the en'Ce on campus constitutes an immediate imposition of effective sanctions against stu­ rule be stated with clarity and precision. threat or injury to the well-being or property dents guilty of misconduct after prompt, fair of members of the university community, disciplinary proceedings will normally be The scope of rules [The commission's view is] that university or to the property or the orderly funmtoning sufficient to maintain an acceptable level of of the Ull'iversity. order without the necessity of outside inter­ rules may appropriately overlap certain state vention. and federal statutes, and that the concept The imposition of interim suspension should entitle the suspended student to a Nevertheless, conditions can arise where of double jeopardy does not limit the scope a university may be required to seek the of a university's rules. Thus, a student who prompt hearing on the charges aga.illSit him. assistance of civil authorities or civil authori­ disrupts a classroom in a manner that sub­ Fundamental fairness may requd.re an in­ ties may, on their own initiative, determine jects him to a general statute applicable to formal review of the decision to impose that intervention is necessary in order to assault and battery may also appropriately be interim suspension in the absence of a protect persons, property, or the orderly subject to university disciplinary processes prompt hearing on the charges. functioning of the university or to put a halt as well. Relati onshi p between campus authority t o flagrant violations of law. Conversely, the fact that certain student and civil authorit y Univ ersity disciplinary procedures conduct is not necessarily subject to any Intervention by public authority may take state or federal statute does not make it several different forms: the issuance of an The commission is concerned exclusively inappropriate for a college to forbid such wit h appropriate procedures in cases where injunction; selective arrests; the introduc­ conduct, as may ordinarily be true of cases tion of substarutial numbers of police into a substantial sanction, such as suspension of cheating on examinations or plagiarism. or expulsion, may be imposed for alleged the campus; civil suits for damages. All have The relation of college rules to general advantages and disadvantages. Whether or m isconduct by a student. laws is therefore largely coincidental, and The recommendations of the commission the scope of university rules is appropriately when there should be recourse to any of are not intended to apply to purely academic determined by the announced objectives of these techniques raises questions of judg­ d ecisions by a university, nor do they apply the university. ment and discretion, rather than issues of to cases in which the penalties involved are At the same time, the commission recom­ law. net serious. mends that a college or university ought not The commission can do no more than to F urt hermore, the commission recognizes proliferate its rules beyond the point of indicate some of the considerations that that a student, with knowledge of his rights, safeguarding its own stated objectiVE$. should intluence the decision of what tech- 5180 EXTENSIONS OF REMARKS February 26, 1970 niques should be utilized and when they may Recourse to the initiation of criminal A LESSON IN "": OR be most a.ppropriate. eha.rges by a university should normally be HOW NOT TO FIGHT INFLATION Injunctions limited to circumstances when it is impos­ A number of institutions have sought in­ sible to deal With the problem adequately Within the university. junctive relief for the purpose o.f quelling HON. ABNER J. MIKVA There are clear dangers involved in order­ campus disturbances, With varying degrees OF U.LINOIS ing pollee to enter a campus in large num­ of success. IN THE HOUSE OF REPRESENTATIVES There a.re a number of advantages to the bers. The university should recognize thai any massive intervention of pollee on the use of injunctions in cases of student dis­ Thursday, February 26, 1970 orders: campus carries with it the possibllity of "broadening support for the radical move­ Mr. MIKVA. Mr. Speaker, the Ameri­ An injunotion can be na.rrowly drafted to ment, polarizing campus opinion, and rndi­ can people are as unanimous against in­ deal With a specific disturbance With muc.b callzing previously uninvolved persons." more precision than a general statute, thus flation as they are unanimous for apple responding more effectively to the disruption Nevertheless, a university and the members pie. Therefore, the rhetoric about how while avoiding unduly broad limitations of its community may find themselves in a much a public official or an administra­ upon freedom of expression. defenseless position, guarded by only a small cadre of security officers who have received tion is against inflation cuts no ice. The The injunction constitutes a public dec­ little training in the maintenance of order, question is what is being d'me about it. laration by the courts of the unlawful People who are hit by inflation are en­ nature of the actions taken or threatened by in the face of determined efforts at disrup• the disrupting students. The issuance of an tion by large numbers of persons. titled to results-not campaign oratory. injunction may generate a favorable public To permit wide-scale lawlessness may en­ THE FACTS ABOUT INFLATION reaction to the position of the university. courage students to believe that the law may be tlouted with impunity, and that the role The first fact is that during 1969, the It may persuade moderate students to re­ first year of the Nixon administration, frain from participating in the disruption. It of police is confined to controlling conduct imposes restraint upon the disrupting stu­ outside of the university. we had the greatest piece of inflation­ dents by a non-university governmental Civil action for damages a 6.1 percent rise in prices-that we have entity. Students may obey a court order when Civll suits !or damages should be brought had in 18 years. The second fact Js that they would ignore the orders of a university in appropriate ca.ses by a university or mem­ during the same period when prices were official. The injunction may provide students bers of a university community for injuries going up out of sight, real wages were With an opportunity to end a disruption arising out of student disturbances. coming down. Thus, in December of without losing face. 1969 the average factory paycheck, in There are also disadvantages. It is fre­ The Importance of Planning quently necessary to utilize local law enforce­ Few things a.re more important than !or terms of buying power, bought less than ment officers to serve process. In most states, universities to establish contact with civil au­ a year ago. the injunction 1s not self-enforcing, al­ thorities and develop in advance understand­ Other things that went up or down are though at least one state statute makes a ings concerning the circumstances that will worth looking at to see who did some­ violation of an injunction of a crime in itself. justify intervention and the manner in which thing about inflation and whether that Enforcement of an injunction through they will react if intervention becomes something was bad or good. In 1969 in­ court proceedings may involve some of the necessa.ry. Double Jeopa.rdy terest rates reached the highest level same problems a.s those presented when since the Civil War. They went up 41 police are used to quell a disturbance. A The fact that a student has been subject to university that is not prepared to enforce the university disciplinary proceedings does not p~rcent. Bankers' profits went up ac­ injunction through contempt proceedings in any way preclude a subsequent trial of the cordingly. Treasury Secretary Kennedy's should not seek one. To obtain an injunction student for the same conduct by public au­ former bank, Continental IDinois Bank in such a situation might permit a court thorities, if his conduct violated the laws of & Trust, had January-June profits up decree to be tlouted by students With im­ the jurisdiction. $3 million-over 10 percent--from 1968 punity. LikeWise, the fact that a student has been levels. The bankers are fighting inflation Criminal sanctions tried in the criminal courts does not preclude by making record profits. And remember Arson, assault, breach of the peace, con­ the assertion of an appropriate disciplina.ry that interest rates-the price of borrow­ spiracy, disorderly conduct, false imprison­ sanction against him by the university. There ing money---are unlike other prices. The ment, inciting riot, malicious destruction of is no legal basis for the claim of "double jeop­ property, riot, willful interference with meet­ a.rdy" in either case. The institution should Government directly controls interest ings, trespass, and unlawful entry are exam­ recognize the possibllity, however, of injus­ rates; it tells bankers exactly how much ples of the wide range of conduct that fall tice resulting from the imposition of mul­ they can charge to loan money. within the traditional ambit of the criminal tiple sanctions for the same conduct. President Nixon says high interest law. Legislative Denial or Revocation of Financial rates-high prices for borrowing-help In addition, a number of states have re­ Assistance stop inflation. I say all that high inter­ cently enacted new legislation dealing with est rates do is make it impossible for civil disorders or specitlcally relating to stu­ The commission views with deep con­ dent disturbances. Recently enacted statutes cern ... (federal and state] statutes and pro­ the little man to borrow, while the giant in different states make it a crime to refuse posals for terminating financial aid to stu­ corporations go on borrowing and pass to disperse or leave a building or property dents who engage in disruptive activities and the costs on to the consumer. One thing when notified to do so by a designated offi­ to the universities which they attend. high interest rates have stopped, how­ cial; prohibit interference with freedom of A university might be required under such ever: homebuilding. Housing starts are movement or the use of facilities; punish legislation to cut off financial aid on a basis low and getting lower. The housing "willful disturbance," conduct that "im­ of its own determination despite doubts a.s to shortage gets worse every week. We are pedes, coerces, or intimidates" university per­ the legality or constitutionality of its action. sonnel, or "disruptive acts"; make it a felony Termination of aid would be required with­ building less than half of what Congress to enter and destroy records; or prohibit the out reference to relative culpability. said we need to build to adequately house possession of firearms or "Molotov cocktails" These proposals could operate in a dis­ our population by 1980. And all because on campus. criminatory manner because they apply only nobody can afford to borrow money to Also, several states have modified their riot to those who receive federal financial aid, a build. laws or enacted comprehensive riot control specific cla.ss of needy students. Thus, the President Nixon says Government legislation. Additional state legislation au­ wealthy student who leads a campus disrup­ spending must be limited to fight infla­ thorizes designated university officials tore­ tion would be unaffected by the legislation quire persons who are not students or em­ tion, and he vetoed a bill providing ployees to leave the campus or permit such while a follower could lose the financial as­ money for education and health research officials to place the campus off limits to per­ sistance needed to complete his education. on this ground. The fact is that Con­ sons outside the academic community. Proposals to withdraw all aid from institu­ gress cut the President's budget requests It is doubtful that most students realize tions of higher learning could deny assistance by over $5 ¥2 billion during 1969 and the broad range of conduct that is subject to to innocent students who need financial ald. most of that came from the bloated de­ the criminal law. Local a.rrangements be­ Training for University Security Personnel fense budget-not health and education. tween "town and gown" and discretionary In only four instances did Congress ap­ enforcement of campus of drug and alcohol Funds should be made available for the de­ laws have, with the passage of time, insulated velopment of training programs for univer­ propriate more money than the President some members of some campus communities sity security personnel, and these programs asked for, and these instances totaled from a recognition that their conduct is sub­ should include a substantial component de­ less than 2 percent of all money appro­ ject to all the laws of the jurisdictions 1D signed to make the officers sensitive to the priated. On the other hand, military ap­ which they are located. aspirations and tactics of st udent groups. propriations were cut more than $8 bil- February 26, 1970 EXTENSIONS OF REMARKS 5181 lion below what the Defense Department the country-whether liberal or conserv­ And the reason for this deficit, if requested. And we cut other appropria­ ative-admits that it is the billions one occurs, will be that we continue to tions substantially below what the Pres­ spent on the which caused pour literally billions into military weap­ ident asked for: the District of Columbia inflation, the President has reduced this ons and the war in Vietnam. This year budget by 33 percent, military construc­ spending only minimally. Thus while in­ for the first time since troops were com­ tion by almost 20 percent, and foreign :tlation caused by the war rages out of mitted to Vietnam in 1965, the President aid-mostly military-by almost 60 per­ control, the President continues to pour has refused to disclose the cost of U.S. cent. billions of American tax dollars down military operations in Southeast Asia. The budget fight was not a contest be­ that bottomless well. While we spent $23 Perhaps we are still spending over $20 tween those who oppose inflation and billion in Vietnam last year, the Presi­ billion a year in Vietnam; perhaps the those who favor it, although this is what dent vetoed an education and health bill amount has been slightly reduced. But the President would like the American which appropriated only a little over $1 the taxpayers and the Congress will people to believe. It was a :fight about billion more than he had requested. never know-the White House refuses to where to cut the budget. The President THE FUTURE OF "NIXONOMICS" disclose what portion of the Defense De­ partment budget is going to support the requested money for such nonessential But all this is past. We all know how spending as the SST. He refused to veto war. bad inflation has been. The question is The President's chief economic ad­ a bill which authorized more than $1 what will happen next. Will Nixonomics billion for Navy ships which he had not visers cheerfully are predicting a sub­ be able to st.op raging inflation without stantial increase in unemployment-­ even asked for. But he did veto a bill for throwing us into a recession? I believe education and health. Yet repeated seeking to assure America that such an that the danger of recession, with all increase is necessary and proper to con­ studies have shown that spending on its devastating social and economic con­ education produces over twice the re­ trol inflation. I find it hard to imagine turn per dollar invested as public works sequences, looms very large. that this logic will be persuasive on those projects, and thus is less inflationary Economic indicators like industrial 5 or 6 percent of Americans who will be than most other Government spending. production and the stock market were the unemployed victims of Nixonomics. already indicating by December of last And I refuse to believe that this unem­ WHAT PRESIDENT NIXON HAS NOT DONE ON year that the growth of the economy had INFLATION ployment is a necessary ingredient of in­ slowed to almost nothing. So the econ­ flation control. The President still endorses the old omy has stopped growing, but prices con­ So it is not really a question of how Republican philosophy that the only way tinue to rise. And while the economy fails many times the President says he's to fight inflation is high-interest rates, to expand, we continue to add 175,000 against inflation. We are all against it. tight money, and budget surpluses-­ workers per month to the labor force, and The question is, What is he doing about which means high taxes. That is the 2 million people per year to our popula­ it? Judging from the evidence available same philosophy that brought us three tion. And with the same amount of goods, so far, the answer is "not enough to con­ recessions in 8 years under President services, and wages to divide among trol it;" but a great many people are Eisenhower. It is the same myth that these new arrivals, everyone's share goes going to suffer from -the wrong things John F. Kennedy exploded when he gave down. Then profits go down. Then men that are being done in the name of in­ America unprecedented prosperity and are laid off. That is called a recession. flation control. price stability-the best in the world­ and that is just where we are heading un­ during 1960-64 while maintaining small less the administration begins to loosen budget deficits to promote economic money controls, lower interest rates, use growth and cutting taxes. It is prob­ it.s influence to encourage wage and price MISSISSIPIAN RECOGNIZED ably no coincidence that President restraint. and em;>loy direct controls on Nixon's economic philosophy just hap­ business borrowing. pens to be one that also benefits bank­ That fact is that b1gh taxes and high­ Hon. G. V. (SONNY) MONTGOMERY ers and large corporations-which are interest rates are just too clumsy to be OF MISSISSIPPI: mostly Republican-over middle-income families, homebuilders and small busi­ used as tools for management of a mod­ IN THE HOUSE OF REPRESENTATIVES em. highly complex, industrial economy Thursday, February 26, 1970 nessmen-who are mostly Democrats. like ours. It is the classical Republican But if the President's reliance on an "hands off,. attitude-exemplified by the Mr. MONTGOMERY. Mr. Speaker, I outworn economic philosophy has been President's refusal to put his prestige was quite proud to learn this week that unwise, his refusal to use other anti-in­ behind wage and price guidelines­ one of my constituents, Mr. Joe T. Cook fiationary tools is indefensible. President which will lead to a recession. And with of Louisville, Miss., has been awarded Kennedy showed that wage and price recession comes business decline, eco­ the George Washington Honor Medal by controls were unnecessary if the moral nomic stagnation, and massive unem­ the Freedoms Foundation at Valley authority of the Presidency was put be­ ployment. Forge, Pa. Mr. Cook is editor of the hind realistic guidelines. I and other Winston County Journal and won the Congressmen have repeatedly urged the THE ADMINISTRATION BUDGET award for his editorial entitled "What's President to form a council of labor, bus­ And finally, after vetoing appropria­ Right With America." It should also be iness, and Government leaders which tions for health and education on the noted that this Mississippian won this could set reasonable guidelines for wage ground that they were infiationary, the award last year with his editorial en­ and price increases. The President could President has sent to Congress a budget titled "Speak OUt for America." Free­ then use his powers of persuasion and so precariously balanced that it is al­ doms Foundation honors each year, the pressure of public opinion to insure most certain to wind up actually as a through its awards program, those in­ restraint. But the President has refused deficit budget. For example, the President dividuals, institutions, and organizations to use this proven method. counted on revenues in his budget which that have promoted a better under­ What is more, a Democratic Congress the Congress has not even voted yet; he standing of the American way of life has given the President power to direct­ counted on accelerated collection of with­ through the things they have written, ly control business and consumer cred­ holding taxes; he assumes a 6-month de­ said, or done during the past year. I am it. He now has legal authority to control ferment of military and civilian pay also quite proud of the fact that Mr. the amount of business and consumer raises; he assumes congressional ap­ Cook's winning editorial was the same borrowing-and thus spending-directly, proval of highway and airport user taxes one I thought so much of and had re­ rather than relying on high-interest which have already been rejected once printed in the RECORD last year for all rates and tight money which hurt the by Congress. In fact. the chairman of the my colleagues to read. Mr. Speaker, I little man and depress housing starts. House Appropriations Committee has es­ salute Mr. Joe T. Cook of Louisville. But the President has refused to use this timated that 1f the President's assump .. Miss.-an outstanding American who i& method either. tions do not work out, there will be a $5 working to make this great Nation of Finally, although every economist in billion deficit, instead of a surplus. ours even greater. 5182 EXTENSIONS OF REMARKS February 26, 1910 THE CYBERNETIC STATE room of mind and conduct, no matter the cybernetic age, but the dawn of this pe­ how extravagantly opulent and soul­ riod was portrayed in various artistic and satisfying the environment may seem scholarly works long before the first com­ HON. CORNELIUS E. GALLAGHER to whoever created it. puter was constructed. Moreover, long after OF NEW JERSEY And I see another flaw in the implicit a particular form has been replaced, certain IN THE HOUSE OF REPRESENTATIVES of its characteristics continue to show vigor value judgments of men of good will. We and growth. Even if bureaucratics is dis­ Wednesday, Februa1·y 25, 1970 cannot be sure that the second or third placed by cybernetics, we can anticipate the generation of users of the intricately further development of large-scale bureauc­ Mr. GALLAGHER. Mr. Speaker, there constructed cybernetic systems will all racies for particular functions. are as many versions of the American be card-carrying members of the Society The cybernetic state of 1984 is not a prod­ future extant these days as there are in­ of Decency and Sanity. Cybernetics uct of the constitutional decisions of 1787. dividuals who have passed typing I and means computer-catalyzed control servo­ The Framers were occupied with building a who have gained access to a communi­ political state, that is, with creating repre­ mechanisms and, once established and sentative institutions through which power cations medium. The glut of prognosis, the "loop being closed," totalitarianism prediction, and projection has created would be exercised and controlled. They did is merely a program, not a pogrom. not-and could not-look to administrative what has been termed the "futures mar­ In any event, Mr. Speaker, I believe or bureaucratic structures for the power or ket," which is just as unpredictable and, "The Cybernetic State" is particularly the controls, nor could they deal with the for many, just as profitable, as are win­ pertinent to most decisions we must make myriad of administrative details pertaining ter wheat futures. The cloud of apoc­ in this Chamber and I am pleased to to the operation of the new government. alyptic rhetoric has obscured the hori­ include it in the RECORD at this point: Thus, there is scarcely a hint in the Consti­ zon; and the mainstream of rational tut ion of the great organizational machines thought has been badly polluted by the THE CYBERNETIC STATE that would be created in the nineteenth and waste products of Ph. D. mills. (By Allen Schick) twentieth centuries and which ultimately This effusion of forecasting is, in most Visions of the cybernetic age always have would recast the distribution of powers and been of two sorts. Some have foreseen a pe­ rights into something other than was en­ cases, about as accurate and as reliable visioned originally. as was the forecast which caused a riod of unparalleled freedom, with man pos­ sessing the autonomy and leisure he has FROM THE POLITICAL TO THE weatherman's picnic to be rained upon sought for ages. The cybernetic state would recently. That is why I was especially ADMINISTRATIVE STATE care for many of man's needs but would not In designing the political state, therefore, delighted to read an article in the Feb­ exact a loss of freedom and selfhood; freed the constitutional architects concentrated on ruary 1970 issue of Trans-Action, by from the bonds of necessity and collective rules of representation, qualifications for of­ Allen Shick, a research associate at the action, man would attain new command over fice, the scope and powers of the several Brookings Institution. He is no apologist himself and the world. The other version branches, the allocations between national sees man as inevitably enslaved by the state, for those who have walked the corridors surrendering to powerful and uncontrollable and state jurisdictions and the establish­ of power-as he has himself by his institutions the freedoms that mark his self­ ment of limits on political action. These lim­ service as a consultant to the U.S. Com­ hood. He will be controlled by the seeing its were aimed, for the most part, at the rep­ mission on Civil Rights, the Bureau of hand which dictates his actions and resentative institutions, primarily at the the Budget, the Rand Corp., and the thoughts. Man will be programmed-genet­ national legislature. "Congress shall make no ically or through thought control. He will law" was the First Amendment formula for President's Advisory Council on Gov­ protecting political rights; trial by jury, ernment Reorganization. be free to obey. One can make a plausible case for either along with its associated procedures, was the Nor is he overly enamored of "buzz version or for both. Certainly both poten­ formula for guarding judicial rights. No ex­ words" and slogans which fit so conven­ tials are latent in cybernetics, though the plicit protection was incorporated into the iently on posters and in the similarly actualities of history lend scant encourage­ Bill of Rights against infringement by ad­ one-dimensional minds of those who pa­ ment to the hope that the potentials will be ministrative fiat or proceeding. Of the basic rade the streets-which some have used used only for good. The story has always rights, only the "search and seizure" pro­ as the corridors of publicity. been the same. Man discovers fire for warmth hibition was generalized to cover all public and sustenance, but he also uses it to burn actions, though its actual intent was to Mr. Shick's article "The Cybernetic curb police power. State," is tightly reasoned and extraordi­ and destroy. Prometheus unbound is notal­ ways beneficent. The passage from the political to the ad­ narily provocative. I am not at all sure The Constitution of the United States minds.trative state was due largely to the that I can endorse the totality of his might not quite endure for the ages, but it growth of national industry, the creation of opinions and thoughts in this article but has survived great transformations in the new regulatory instruments and agencies I do share his concerns and consider the conduct of public affairs. In few sectors prompted by that growth and the mobiliza­ areas he discusses to be the moot impor­ have the changes been more pronounced or tion of admindstrative expertise to manage tant issues of our times. portentous than in the creation of the vast public activities. Whatever power Congress If nothing else "The Cybernetic State" administrative structures that dominate the gave to administrators, it gave away volun­ economy and the polity of the country today. tarily, and often with the blessing or the can be read as another reason why the The entire administrative staff of George prodding of the president. The first national Congress must address itself to the radi­ Washington's government could be fitted regulatory instrument, the Interstate Com­ cal changes in political and personal comfortably into the offices of a medium-size merce Commission (ICC) was established structures and postures which the new bureau. As a government we have undergone in 1887, and three years 181ter the Sherman technology demands. I believe that much several critical changes in the relationship antitrust controls were enacted. Resistance of what he says is solid evidence support­ between the administrative and the politi­ came from a different quarter, the judiciary, ing the call I made to the House to es­ cal. At the start the United States was de­ which insis'ted on applying the established signed as a political state; the growth of in­ constitutional standards to the new adminis­ tablish a select committee on technology, dustry and public regulation in the nine­ trative structures. human values, and democratic institu­ teenth century led to the emergence of an One initial judicial response was to apply tions. As Mr. Shick points out, we are administrative state; New Deal activism A. V. Dicey's "rule of law" doctrine to the undergoing a time of accelerated alter­ opened the door to the bureaucratic state; administrative arena: " . .. no man is punish­ ation of our basic form of government now, according to some expectations, we able or can be lawfully made to suffer in and my purpose in offering House Reso­ stand at the threshold of the cybernetic body or goods except for a distinct breach of lution 717 on November 19, 1969, was to state. law established in the ordinary courts of the Though it is possible to place each of these land. In this sense the rule of law is con­ make sure that elected representatives states into time zones, aspects of each appear trasted with every system of government continue to be able to influence mean­ in all periods of American history. The po­ based on the exercise by persons in authority ingfully the actions of the Federal Es­ litical, which was prominent in the earliest of wide, arbitrary, or discretionary powers of tablishment. t imes, still carries over in the main represent­ constraint." Applied strictly, this rule would Mr. Speaker, it is all well and good ative theatre-the Congress-as well as in have barred virtually all administrative ad­ to work toward a society in which re­ other national institutions. The cybernetic, judication, but it ultimately came to mean sponsible men, freed from passion, will which appears to be the emergent form to­ that the fundamental procedures of law day, certainly was operative in Alexander (notice, hearing, examination, etc.) would exercise disinterested intellectual evalua­ Hamilton's day through some of the account­ have to be adhered to in administrative pro­ tions of policy. I believe that this is the ing controls maintained over financial trans­ ceectings. situation today: benevolent men make actions. What characterizes an age is the In striking out against the emergent ad­ beneficient judgments. But this is not dominance of one form of political-admin­ ministrative state, the courts relied on a a guarantee of success, for few people istrative relation, not the total absence of parochial reading of the commerce clause will voluntarily move into a furnished the others. The computer may be the logo of and a stretched version of the 14th Amend- February 26, 1970 EXTENSIONS OF REMARKS 5183 ment's due process clause. National power ministra.tive state have come to pale by every tribute the benefits of public activity widely, over the economy was curta.iled in the Sugar comparison with the operating bureaus of at least among those within the ambit or Trust case ( 1895) , the Child Labor cases the federal government. Federal bureaucrats group operations. ( 1918, 1922) and various New Deal casee. in the Bureau of Public Roads pass judgment The courts lose interest in administrative Much economic activity was deemed beyond on the location and design of "federally aided regulation and become concerned with the the reach of the pollee powers at the states. but locally constructed highways and there­ nationalization of civil rights and the grant­ For this view the courts found bountiful by exercise far greater sway over transpor­ ing of constitutional status to the rights ot constitutional support by converting the 14th tation policy than does the ICC; federal SST association. Operating under the Frothing­ Amendment, which had been stripped of (supersonic transport) decisions probably ham rule, which bars taxpayer challenges to its Negro rights functions by the Slaughter­ will have greater air travel implications than federal programs, the vast programmatic de­ house and Civil Rights cases ( 1873 and 1883). will the combined regulatory actions of the velopment of the New Deal through the into a protection against state regulation of Federal Aeronautics Administration and Great Society period escaped judicial review. business activity. Civil Aeronautics Board. The courts nationalize the Bill of Rights and But the emergence of the administrative Federal jurisdictions sweep over state and apply federal standards to a widening group state was to be determined in the legislative local boundaries, for a bureaucracy must al­ of pollee and criminal actions. They nation­ and executive arenas, and though the courts ways be structured according to its functions alize racial policies in the schools and in could harass and delay, they could not pre­ rather than according to local tradition. This other public programs. They nationalize rep­ vent the establishment of powerful regula­ movement is fueled by massive grants-in­ resentation and apply strict one-man, one­ tory instruments that were only feebly con­ aid and by federal involvement in functions vote rules to state legislatures and municipal trolled by their creators. Following a spate long reserved for local action, such as law councils. of anti-New Deal decisions in the mid-1930s, enforcement, poor relief and basic education. Interest groups gain constitutional status, the Supreme Court abruptly abandoned the In the bureaucratic state, the administra­ but they thereby become affected with a tive and political are joined, united by in­ review of economic legislation and began to public interest and become subject to public concentrate on other areas of constitutional terest-group brokers who traffic between the controls. In Thornhill v. Alabama (1940), the bureaucracies and the people and weave Supreme Court extends free speech protec­ agitation. Since 1936 not a single piece of complex clientele-congressional bureau re­ federallegi.slation has been invalidated as an tion to peaceful picketing in labor disputes. lationships for the purpose of channeling Almost two decades later, with the 1959 unwarranted delegation of power to an ad­ the public enterprises into the service of ministrative body. Labor-Management Reporting and Disclo­ private interests. A new public market thus sure Act, Congress adopts a bill of rights for Though it has some operating responsi­ is created, resembling the private one in cer­ union members. The integrated bar (which bilities of its own, the basic purpose of the tain aspects, but lacking both the ultimate means requiring membership in a state bar administrative state is to regulate the new test of profit and the unremitting competi­ corporate ooncentra.tions of wealth and pow­ as a condition for eligibility to practice law) tion of adversaries. Interests bargain with was upheld in Lathrop v. Donohoe (1961), er. The administrative state, thus, continues one another at the public trough, but they to abide by the doctrines of the sepa.mtion and the courts frequently have upheld also form coalitions and drive out competi­ group-licensing requirements for particular of public and private and of the basic sound­ tion when it suits their objectives. Politics ness of the private market. Its task is not professions. In a series of cases involving the and administration sometimes seems to be NAACP, the Supreme Court affirmed the to impose a political solution, but to make split again-in a divorce of convenience--as use of specialized skills to correct for certa.in right of association. Certain interest group when advisory groups are comprised of func­ activities were brought under public con­ market defects or improprieties. To accom­ tional specialists and community leaders in plish this requires a separation of the admin­ trol in the Federal Regulation of Lobbying order to keep the program free of politics. Act of 1946 which was upheld in United istrative from the political, a separation But it all is for the sake of enhancing in­ which was built into the major regulatory States v. Harriss (1954). terest politics, and efficiency becomes the in­ Still another judicial response occurs when agenctes and accepted as the cardinal precept strument of established group interests rath­ by the intellectual fathers of the adminis­ the bureaucratic state reaches its full form er than a value in itself. and the cybernetic age begins to dawn. Un­ trative state-Frank Goodnow, Woodrow Wil­ Interest groups form and begin to dominate son, William F. Willoughby and others. By like previous eras in which the courts told the political-administrative process because governments what they must not do, the means of this separation, administration is in the bureaucratic state enormous interests made superior to politics, and efficiency re­ courts now begin to instruct governments as are at stake, and the rewards for public suc­ to what they must do. Thus, recent court places representation as the key operational cess often far exceed what can be obtained norm of public policy. The fundamental con­ decisions in the welfare field have required in the private market. Moreover, all the po­ bureaucrats to provide welfare benefits to in­ stitutional rules of representation continue lltical-adminlstrative actors benefit in some to apply to the political sphere, but not to digents who have not satisfied local residence way from the-brokerage services provided by requirements, to families which have a man membership on regulatory agencies, advis­ groups. Voters do not have an electoral ory boards and other appointive institutions. in the house and to pay benefits above ceil­ mechanism for transacting their public busi­ ings enacted by the state legislature. Regulatory agencies are made exempt from ness directly with the bureaucracy, nor do the sacred doctrine of separation of powers As the bureaucracy grows and creates the they often possess the sklll or resources for technological skills for its operation, certain and are assigned substantial judicial, legis­ · doing so. Bureaucrats use the groups for stir­ lative and executive powers. As larger and critical transformations begin to occur in its ring clientele support for their demands on character. The lines between public and pri­ more diffuse grants of power are turned over the president and Congress and for protect­ to efficiency experts and new concentrations vate begin to break down, efforts are made ing themselves from executive and legislative to break away from the lockstep of func­ of functional expertise are established with­ supervision. Congress looks to the groups for in the cabinet structure, executive de­ tional bureaucracies, government regulation learning about what the public wants and tends to become insular. These and many partments, particularly their bureaus and for gaining electoral support. The president subunits, gain a good dea: of de facto inde­ smaller and larger changes signaJ the begin­ uses the groups for mobilizing the electorate ning of the cybernetic state. And as the pendence for the political institutions. They and for communicating his policies to the are also liberated from the president, who is character of the state changes, so too does masses. Each one must pay a fee for the the focus of constitutional development, as no longer capable of directing their regular brokerage services, and as a result, the in­ affairs, and from Congress, which no longer it is expressed in the case la.w and in agita­ terest groups govern the terms of the poli­ tion for constitutional reform. can exercise close supervision of their ac­ tics-administration process. Hence, the uni­ tions. fication of politics and ad.minlstra.tion does FROM BUREAUCRATICS TO CYBERNETICS FROM THE ADMXNISTRATIVE TO THE n-ot restore the constitutional representa­ In the postindustrial cybernetic state, gov­ BUREAUCRATIC STATE tives to their original political positions. As a ernment functions as a servomechanism, The bureaucratic state began to displace further debilitated by the commanding role concerting the polity and the economy to the administrative state when the primary of the interest groups. a-chieve public objectives. As a result, gov­ function of government changed from regu­ OI prt.ma.ry importance is the need to find ernment changes from a doer of public ac­ lation to operation of business. Though the constitutional support for the legitimacy of tivities to a distributor of public benefits, federal government had assumed a doing role interest politics. Political writers rediscover and the kinds of programs it operates reflect in selected programs many years earlier, the Madison's Federalist No. 10 and elevate it to this change. For example, welfare has been New Deal era can be regarded 815 the great a status superior to the constitutional scrip­ one of the key programs of the bureau­ leap to bureaucratics. The bureaucratic state tures themselves. In providing an intellec­ cratic state involving a large-scale welfare was designed to replace the market with pub­ tual justification for group politics, this dis­ bureaucracy with thousands of governments lic enterprises, not merely to correct for its covery establishes competition in the po­ and millions of people. As welfare becomes deficiencies. It represented a refusal to accept litical arena as a desirable substitute for cybernated, it shifts to some form of guar­ the market's verdict that millions of elderly market competition. It enables social checks anteed income, adjusted automatically as the people must be poor, that rural communi­ and balances to take the place of legal income of the recipient rises or falls. (It ties must lack electric power lines, that the checks and balances. It provides a substi­ doesn't matter for our purposes whether housing supply must be substanda.rd. and un­ tute for electoral representat-ion. It satisfies the guarantee is in the form of family al­ able to meet; demand, that farm incomes the requirement for external control of ad­ lowances, negative tax or other means, must sink below subsistence levels. The reg­ ministration. Congress doesn't do the job though of course each form carries a differ­ ulatory com.m.i&sions that ma.rked the ad- well any more, but the groups do. They dis- ent set of costs and benefits.) Government 5184: EXTENSIONS OF REMARKS February 26, 1970 action is triggered automatically by changes ment into private spheres is especially revo-­ functional. In the development of the bu­ in the economic condition of the individual. lutionary in certain service areas such as reaucratic state, the functional arrangement Government writes the "program" (in the doctor-patient and lawyer-client relation­ was useful because it promoted efficiency, computer sense of the word), estqblishes so­ ships. But as the lines between public and mobilized the use of specialists and gave ciostatic norms (such as the "poverty level"), private erode, private institutions recapture representation to professional interest. For monitors the system and activates the mon­ some of the functions long regarded as pub­ a goal-directed cybernetic institution, the ey-disbursing machines. This is far differ­ lic. Thus, in some instances, elementary edu­ functional form is an encumbrance, for it ent from the conventional welfare bureauc­ cation is turned over to private contractors, allows the interests of the functionalists to racy in which eligibility and benefits are usually operating with public funds and al­ get in the way of the results. To take a determined by corps of case workers in ac­ ways under public control. The market is re­ common case: An education bureaucrat in cord with overall legislative and administra­ discovered, but it is harnessed to public pur­ HEW cooperates with a contact in the Na­ tive rules. poses, and its behavior little resembles that tional Education Association (NEA) and ob­ Embryonic cybernetic-type programs have of the traditional form. tains agreement that 25,000 volumes is the been established in health where Medicaid As public and private commingle, distinc­ appropriate minimum for a high school li­ and Medicare now far exceed in cost the tions between them become meaningless. Pri­ brary. This standard is transmitted via the standard health programs such as local vate institutions acquire legal status as "pub­ state functional bureaucracies to school health clinics, public hospitals, Hill-Burton lic accommodations," as provided in the Civil boards and via NEA publications to school grants, publicly aided research and so forth. Rights Act of 1964 and sustained by the Su­ administrators. Soon the 25,000 minimum But the new health programs are only im­ preme Court in Heart of Atlanta Motel Inc. gets adopted by the accreditation agencies as perfectly cybernated because government v. United States (1964). Some recent court one of the conditions for holding accredita­ lacks the means of controlling medical costs rulings have brought private clubs, perhaps tion. While this numbers game is being or for monitoring the demands on the system the last bastion of privatedom, within the played, it is hard to keep in mind how many made by its clients. We can anticipate that orbit of public control. It is no longer pos­ books high schoolers read, what they read, aspects of program cybernation will bloom in sible to tell where the private ends and the what they learn from the books and whether other functional areas--education, public public begins as public and private funds and other forms of communications can substi­ transportation and housing seem to be at­ workers flow and work side by side in ssT tute for books. In other words, the function tractive possibilities. development, job training and countless gets in the way of the goal. In the public sector, perhaps the greatest other programs. In the basic social accounts, The cybernetic form of organization is advances have occurred in the macroecon­ the public-private distinction no longer is based on systems such as model cities in omy where the refinement of national income significant; more and more, the accounts con­ which functional specialists may continue accounts over the past 30 years has given centrate on the aggregate social input and to operate, but not as the key policy makers. federal authorities a substantial capability output, regardless of its public or private The system is guided by systems engineers, to guide the economy and to make quick character. planners and other generalists whose per­ adjustments as economic conditions change. A similar amalgam occurs in the political spectives transcend the functional specialties. But the macroeconomy is not yet fully cyber­ and bureaucratic spheres. Administrative ac­ In a full-blown cybernetic state, politics nated. The accounts are not perfected to a tions become politicized, and political ac­ and bureaucracy would wither away, though reliability where governments can use servo­ tions become bureaucraticized. Consider these their forms might remain. That is, there mechanistic controls; that is, it cannot fine­ two examples from the storehouse of current still might be contests for public office, but tune the economy and be sure that it will events. The supreme political act of deter­ the process would not have its old impor­ get the results it expects. Furthermore, Con­ mining legislative districts has been turned tance. To the extent that sociostatic norms gress has not shown much enthusiasm for over to computer specialists, sometimes under limit conflict, the scope of politics would proposals to empower the executive to take court order, sometimes by legislative acquies­ be narrowed. Whether or not we ever reach nonlegislative corrective action. For example, cence. When this happens, legislative district­ the "political fiction" world of genetic or it is not likely to adopt in the near future ing ceases being a political act, however great thought control, there will be less disagree­ Herbert Stein's proposal for a permanent sur­ its political consequences are. Administrative ment in the future than existed in the past. tax that is adjusted upwards or downwards actions have been politicized in the "maxi­ Already, in the macroeconomic sphere where as rates of employment and other economic mum feasible participation" arenas as the the cybernetic condition is most advanced, barometers fluctuate. Yet we should not un­ floodgates of political activity, including differences between Democrats and Repub­ derestimate the capabilities gained over the formalized election procedures, have been licans now are minimal, despite the great past generation, and it is possible that a cy­ opened to policy decisions that previously stakes involved and the history of party bernated macroeconomy is nearer than we were made bureaucratically. controversy. think. The regulatory functions of government As government becomes self-regulative, Cybernetic development lags behind in the which loomed so large in the administrative with its actions guided by goal criteria, the microeconomy, partly because the accounts state, turn inward as government develops bureaucracy also might begin to shrink in still are in a primitive condition, and partly self-regulatory devices essential for its servo­ size and importance. Government will have because the resistances to cybernation are mechanistic role. Corps of federal regulators nuclear "central guidance clusters,'' such as stronger here. Some first steps have been man the guidelines in the Departments of the Council of Economic Advisors, but it will taken, a.s the recent publication of Towards a Housing and Urban Development, Health, not have the need for armies of bureaucratic Social Report shows, but we will have to Education and Welfare (HEW), Labor and doers. Thus, as welfare shifts from poor re­ progress a long way before we have social in­ the Office of Economic Opportunity and reg­ lief to income maintenance, the logic of dicators comparable in scope and reliability ulate other public officials (mostly state and maintaining thousands of social workers on to the basic economic indicators. Cybernation local) through a network of grant controls. the public payrolls decreases. cannot operate under uncertainty, for in this Moreover, departments begin to use the com­ In similar fashion, the interest groupings condition corrective action must always be puter to extend their program reporting, which dominated the bureaucratic state no tentative and discretionary. Moreover, there auditing and evaluating procedures to their longer retain their central positions. If it op­ is little current evaluation of public programs own operations. erates by means of cybernetic systems, gov­ and, hence, little feedback from results to FROM EFFICIENCY TO EFFECTIVENESS ernment no longer requires the intermedia­ decisions. The introduction of Program­ tion of these groups for communicating its Planning Budgeting (PPB) and related types Yet even as government regulation turns goals, receiving policy preferences from the of policy systems gives evidence of the direc­ inward, its policy perspectives turn outward. public and controlling the actions of the tions in which reformers would like to move, In the bureaucratic state, decision-making bureaus and representative institutions. The but it is now four full years since PPB was tends to be insular, concerned with the in­ president can use the mass communications launched in Washington, and its meager ac­ ternal dynamics of the organization rather media to reach the public more effectively complishments demonstrate that the job is than with the effects on the citizenry. For than through group exertions. Mass, class not easy. Furthermore, in the macroeconomy, preparation of his programs, the public offi­ and individual identities become more im­ adjustments could be made for the benefit of cial looks to his files and from there to the portant than group associations. reports and accounts they contain, not to the all, and though the relative shares might be In the cybernetic state, there is both a altered a.s a consequence of public action hospital ward or the classroom. In drawing up his claim on public resources, he looks to massive collectivization of action, continu­ (not everyone benefits equally from economic ing the trends established in the earlier ad­ growth) , almost everyone gains. In the micro­ last year's records and decides what to add and what to subtract. The cybernetic state, ministrative period, as well as increasing economy, however, adjustment means taking privatization of life. Among the recent straws from some to give to others. Government however, is goal-oriented. It is concerned with the income of families, the condition of in the wind, we can point to the growing action has to be redistributive. Hence, it is penetration of the hospital market by na­ likely that this will be one of the last policy the economy, the health of mothers, the in­ tional corporations, the institutionalization functions surrendered by the representative telligence of children. Efficency norms which of research and the dominance of contem­ are relevant to the internal operation of or­ institutions. porary philanthropy by the foundations. At In the cybernetic state, the lines between ganizations no longer hold the commanding public and private crumble. Government positions they once had. Effectiveness criteria the same time, life is increasingly privatized; enters markets previously reserved for private take their plaee as the guiding determinants that is, individuals are more isolated from entrepreneurs, but new private institutions of public policy. one another and have greater liberty in per­ enter arenas hitherto dominated by public To achieve this looking outward, the cy­ sonal behavior. Individuals are freed from bureaucracies. The penetration of govern- bernetic state must be systemic rather than traditional social and communal bonds: the February 26, 1970 EXTENSIONS OF REMARKS 5185 Pill enables them to engage in private sexual and if this occurs, a chapter on the great ization of its noble capabilities; the second, practice free of effective social sanction; a constitutional battles of the bureaucratic to avert its coming. television in each room allows each me~ber period will be concluded. Inasmuch as the cybernetic system is of the family to watch his program without In every age the list of constitutionally fueled by the communications that course obtaining approval from others; a multi-car active issues consists of the things we want through its networks, carrying messages from family can send the husband to his club and to gain and the things we want to avert. In command posts and feedback from moni­ the wife to her group with both maintaining the cybernetic age, four types of constitu­ tors, control is often desired over the com­ contact with one another via remote com­ tional issues might move to the forefront: munications apparatus, both the network munications. The combination of collec­ the protection of personal rights; control of and the content of the messages. We have tivization and privatization is what gives the the cybernetic system; forms of political mentioned recent objections to census probes cybernetic state its Janus-like character, participation; and the structure of govern­ and central data systems. In addition to capable of elevating the individual to new ment. these attempts to withhold data from the levels of personal autonomy or of crushing The protection of personal rights. We have state, control is exercised by opening up him under the yoke of public oppression. alrea