1964 CONGRESSIONAL RECORD - SENATE 9829 William E. White, Newell, W. Va., in place Magnuson Monroney Robertson usual stipulations, there be a morning of C. E . Mills, retired. Mansfield Morton Saltonstall McCarthy Mundt Sparkman hour. Harry F. Weaver, Paw Paw, W. Va., in place McGovern Neuberger Talmadge The ACTING PRESIDENT pro tem of J. H. Rouzee, retired. Mcintyre Pearson Walters pore. Without objection, it is so Ralph L. DePollo, Jr., Thomas, W. Va., in Metcalf Proxmire Williams, Del. place of D. C. Stemple, retired. Miller Randolph Young, Ohio ordered. Lois E. Skaggs, Victor, W. Va., in place of Mr. HUMPHREY. I announce that L. H. Coleman, retired. LIMITATION OF DEBATE DURING Carl B. Miller, Winfield, W. Va., in place the Senator from Indiana [Mr. BAYH], of C. L . Kirtley, deceased. the Senator from North Dakota [Mr. TRANSACTION OF ROUTINE BUSI WISCONSIN BURDICK], the Senator from Virginia [Mr. NF.sS Jack E. Brown, Hager City, Wis., in place BYRD], the Senator from Arkansas [Mr. Mr. MANSFIELD. Mr. President, I of M. A. Mischke, retired. FULBRIGHT], the Senator from Washing ask unanimous consent that statements Louis W. DeMark, Racine, Wis., in place ton [Mr. JACKSON], the Senator from in connection with the morning hour be of J. D. Costello, retired. North Carolina [Mr. JORDAN], the Sena limited to 3 minutes. Joseph F. Strahan, Saukville, Wis., in place tor from Louisiana [Mr. LONG], the Sen The ACTING PRESIDENT pro tem of E. C. Schroeder, deceased. ator from Michigan [Mr. McNAMARA], pore. Without objection, it is so or the Senator from Oregon [Mr. MORSE], dered . •• ..... • • the Senator from Utah [Mr. Moss], the Senator from Rhode Island [Mr. PAS SENATE TORE], the Senator from Rhode Island PETITION [Mr. PELL], the Senator from Connecti The ACTING PRESIDENT pro tem SATURDAY, MAY 2, 1964 cut [Mr. RIBICOFF], the Senator from pore laid before the Senate a resolution (Legislative day of Monday, March 30, Georgia [Mr. Russell], the Senator from adopted by the faculty of the Washing 1964) Mississippi [Mr. STENNIS], and the Sen ton University School of Law, favoring ator from South Carolina [Mr. THUR the enactment of House bill 7152, the The Senate met at 10 o'clock a.m., on MOND] are absent on official business. civil rights bill, which was ordered to lie the expiration of the recess, and was I also announce that the Senator from on the table. called to order by the Acting President West Virginia [Mr. BYRD], the Senator pro tempo re with a current membership of 64, but w~th the American way. We work the American mission it had served 5,200 sandwiches, 320 a record of Americanism and commu~1ty way. Joe, that's how -y;e get the job done. gallons of coffee, and well over 6,000 hot service that is the envy of American Leg10n meals, consisting-of sausage and eggs, moose, posts many times their size and. age. Post JACK HENRY POST No. 1 REPORTING bear, caribou, salads, soup, hot rolls, chicken, 27 walls are lined with recognit10n awar~s (By Ken Schank, publlc relations officer, ·salmon, chile, hot dogs, hamburgers, airline for American Legion activities. Part of their American Legion Jack Henry Post No. 1) flight dinners, cookies, stew, and many other outstanding record includes the Department On the 27th day of March 1964, Jack Henry varieties. Three radio station crews received of Alaska 300 percenter membership award, Post No. 1, Anchorage, Alaska, one of the hot meals around the clock, which totaled and the national special award for outstand oldest posts in the American Legion and the ·99 meals dally. They were dellvered by our ing child welfare programs. first post of Alaska, chartered in February transportatior. committee, as well as many What makes their action 1n this earth 1919 received one of its most trying experi meals to the employees of the airport who quake emergency so outstanding require~ a ences. · were unable to get food because the only cafe review of Post 27's past year. To begin with On this date at 5:37 p.m. pandemonium in that area had collapsed. A lunch wagon they were honored to have in their member broke loose at the time normal preparations was also dispatched from the post to the ship the American Legion western district were being made for the bi-monthly meet downtown disaster area serving hot meals, commander. This required heavier respon ings of its members. This grand old build sandwiches, and coffee to the rescue workers. sib111ties, all of which were completed in an ing squirmed and groaned in the twisting As people filled Jack Henry Post No. l, outstanding manner. Knowing that at the actions of what was to be one of the world's many problems arose. One problem was end of the commander's year the annual greatest earthquakes. Within seconds God drinking water and water for dishes. This convention would be hosted at Post 27's tiny had stopped the progress of man as electrlc was overcome by 3 a.m. Saturday morning hall, they undertook to enlarge their skimpy i ty, water, telephones, and gas were dor when Legionnaires went to the civil defense log cabin. They built by themselves a new mant, the contour of land and buildings , headquarters and arranged for an Army water · addition which included a kitchen, bath were changed. Many personal tragedies and · tanker to be dispatched to the post. A rooms, furnace heat, and a pressure water deaths were soon to be known to the world. "driver and helper were stationed there until system (without a well). The saying goes After an inspection of the building, it was city water was approved for use on Saturday that where there is a will there is a way. So morning. The two GI's on duty with the determined safe for use as a sh~lter and the . it was th.at on the eve of the convention they command.er issued a call over the only radio ·water truck made themselves extremely opened their new post home to arriving dele station in operation for an members to meet helpful, not only for the water distribution, gates. Post 27 and auxillary conducted an at the post. In the meantime, several Le but also for details such as garbage removal, outstanding convention agenda and 45th gionnaires and their families had arrived at washing dishes, unloading food, and many American Legion birthday banquet on March the post, forgetting their own personal other chores. 13-15 at which Alaska's Gov. William Egan losses and problems, to be of assistance to Another critical proble:tU was san~tatlon. attended as main banquet speaker. When the community. Soon many more Legion When the water system was ruptured a need the earthquake hit on March 27 Post 27 and naires and auxiliary melllbers, who had rfor toilet facilities was of utmost importance. auxiliary memberships were worn and tired, heard the appeal for help, arrived. This was quickly overcome by several Legion but they responded as if all the work of the Immediately the shelter was organized; naires acquiring large metal pails with lids year had been in training and preparation for candles and fireplace were lit, the propane in which holes were cut to the required size · just such an emergency. The Good Friday stove in the kitchen served well to make · with a hunting knife and plastic bag inserts quake brought the Legionnaires and auxiliary coffee, crews were dispatched ·for water from ·were secured from a nearby supermarket. of Post 27 to the peak of their historical rec nearby wells, snow was also melted and -This type of -container is usually referred to ord-that of freely giving a helping hand. sandwiches were made from the well-stocked ·1n Alaska as a honeybucket and a honey- Post 27 veterans are scattered in key posi kitchen. bucket brigade was set up in both toilets to tions in community businesses and agencies The civil defense chairman went immedi keep them clean and see the waste was di~ . who suffered damage requiring immediate ately to civil defense headquarters, _which posed of by a honeybucket wagon. At the restorals. Communications men worked con was not destroyed and began working with same time there were 80 children in the tinuously restoring the broken link between the officials. building and a need for diapers was quickly Glennallen and other parts of the Nation and Two members located a powerplant for ~ overcome by placing disposable diapers in the handled hundreds of emergency messages auxiliary power, as candles and gas lights ladles restroom. These were also given to the in and out of the area for officials, relatives were too dangerous in a crowded building. babies' mothers when they left the post to · and friends on a 24-hour basis; power utility A fire guard was put into action immediately their new homes. The sanitation problem men restored community electricity in 3 to prevent a loss by fire. was well under control by Saturday after hours and worked around the clock making The- transportation chairman went into noon as the water service was restored to ·emergency repairs to insure continued power; action providing drivers and vehicles for the building; however, it was not tested and State highway maiintenance personnel worked communications between the post, civil de considered safe to drink until Friday noon of so that evacuation tratnc could proceed, fense headquarters, and radio'stations (three · the following week. which required 24-hour-per-day restoral of of which were now on the air) . · With the area water situation as it was, highway breaks and landslides; airport con Registration was set up at the door by the an immediate need for typhoid vaccine was trol people were swamped with air arrivals ladies auxmary to list all people entering or noted and steps were taken to give typhoid and departures into the Valdez area; road leaving the building, when they left, and 'shots at the post. The big problem was where . house and business operators worked con- where they went; we found this was very ·to acquire the vaccine. This was temporarily tinuously to restore facilities to handle the beneficial later in locating missing persons- overcome by calling a druggist whose store -· Valdez population; hospital personnel re 1,482 people entered the post the first night was in the middle of the disaster area a~d ceived and cared for the injured and the local with approximately 375 persons remaining _ getting permission to remove it for use. This ·radio station devoted full time to emergency an night in the building for the shelter the furnished vaccine for 400 people Saturday announcement broadcasts. Most important post offered. Many had no homes and in afternoon. Many were turned away. Satur of all, there was by some miracle, enough many cases had no knowledge of the where day night one Legion member was leaving by Legionnaires and auxlliary members left over abouts of their families. Some were in tears, plane for Seattle and was told to contact to open and operate the American Legion hall others in shock, and in three cases the the Legion post in Seattle early Sunday morn .on a 24-hour daily basis. It was, and will be, woman was pregnant and one lady was hav ing to arrange for shipment by air of 1,000 a continuing 3-shift schedule since the kitch ing labor pains. The post was fortunate in cc.'s of typhoid vaccine. This arrived Sunday en must be manned at all hours, transporta hav-ing a doctor and one or two nurses on noon and immediately calls were sent out tion must be available around the clock, duty at all times throughout the week. At ·over radio stations that shots would be given water must be hauled to the basement stock times as high as five nurses were on duty. that afternoon. Sunday afternoon the citi tank reservoir every few hours, and other Three corpsmen and an ambulance were also zens of Anchorage were lined up for a city innumerable tasks wm continue to face post dispatched to us as standby from a nearby block awaiting their shots. Easter eggs and and auxiliary members. Post 27 is . deter Air Guard base for the first 48 hours. We . cookies were given to the children after they .mined that their neighbors from Valdez· and also had offers of psychiatric treatment if we received their shots. Clothes and food were their own community shall not suffer for lack needed it for any of the refugees or workers. distributed as well as many gallons of water of care, comfort, and thoughtfulness. De None was required but several times it was -to people with containers. Baby foOd was partment of Alaska Adjutant and Finance marginal with some of the workers who had also passed out as required. One thousand -Otncer Joseph Briones spent a day with Post been on their feet continuously for 6 days sixty-nine shots were given in 3 hours. Many foodhandlers, doctors and nurses, firemen, 27 on his trip to the earthquake areas as rep and nights with some having no more than 6 to 8 hours of sleep the whole time. The and other busy people were placed in the resentative of the American Legion Alaskan line, as they arrived, in order that they might Relief Committee. He remarked that Post 27 original idea was to fill the gap for civil de fense from the time of emergency until the get back to their work. By Friday evening, Legionnaires and auxiliary were always hard wheels could be set in motion and the larger 1 week after the disaster struck, a total of -at work on important activities of this natu.re organizations c·ould talte over. It was never 3,020 typhoid shots had been administered, "and that he didn't know how the post was intended to duplicate the work of the Red many sedatives, and treatment of small chil always able to get the job done. Joe-we at Cross and Salvation Army, although the co dren for minor illnesses. Post 27 know how. We are all Americans. ordination was wonderful between these All of the food, clothing, coffeemakers, We all believe the American way. We llve units. By the time the post had filled its blankets, sleepingbags, disposable diapers, CX--619 9842 CONGRESSIONAL RECORD - SENATE May 2 cigarettes, Easter eggs, movie projectors, film, tion Army sent many people out to us with your outstanding service to the National music, clothing, and many other items were referral slips but many people were given Fisheries Institute and its members." donated by the citizens of Anchorage. The clothes as they took their shots or came in response of our wonderful radio station calls for a hot meal. We had records of supply Senator MAGNUSON is the second dis was overwhelming; many times we had to ing 67 fammes with clothing, and many tinguished Member of our body to be so cancel the appeal for certain items within others that received clothing and food were honored during the 19 years the National 30 minutes after they reached the air. not listed. The clothing, food, and toy sit Fisheries Institute has flourished. In Saturday evening the organ that is nor uation is now under control and probably 1956, our able, distinguished colleague, mally used at the post for fun and play had more than actually needed: the senior Senator from Massachusetts a serious part to play in this great task of We of Jack Henry Post No. 1 of Anchorage, [Mr. SALTONSTALL], was designated the rendering service to our community. It was Alaska, can now walk with our heads erect played by a. Legion member for several hours and proud to have the little No. 1 on the man of the year for his notable legisla soothing the tired, weary, and shocked. The side of our cap. Our mission of supplying tive accomplishments benefiting fish music did much for the morale of all that meals, shelter, coffee, clothes, guard duty, eries. hea.rd it. Many dozed off in their blankets and many other duties for the community Senator MAGNUSON and Senator SAL and sleeping bags to start a new day and a were well performed by many persons by TONSTALL cooperate closely on fishery leg brighter look at the world. · many long hours and sleepless nights until islation. During the present session of AB Easter Sunday came to light, hot food the job was finished. the Congress they have cosponsored two was served and later in the morning projec Jack Henry Post No. 1 is ready for tomor tors and films to last all day were set up in row, next week or next year, and will always fishery bills, S. 744 and S. 1006, in which our back room and the children spent most be available if help is needed in the com the industry has shown great interest. of the day viewing comedy and serious films. munity. However, none of this could have The latter bill has passed the Senate and While the children were occupied, babies been accomplished without the help of all is now pending in the House of Repre were being cared for by the junior auxiliary the businessmen, citizens, and children of sentatives. girls so their parents could move about. The the community; to these wonderful people, Another meritorious recipient of the sons of the Legionnaires were detailed to re Jack Henry Post No. 1 extends their heart National Fisheries Institute "Man of the move the bedding and sleeping bags from felt thanks. the building and air them out. When eve Year" award was the late beloved · Con ning fell and many of the good citizens had STATE OF ALASKA, gressman from Virginia's First District, felt the sting of the needle, a deluxe Easter Juneau, April 22, 1964. the Honorable Schuyler Otis Bland, who basket was issued to every chiid in the Mr. JOSEPH M. BRIONES, for more than 30 years championed shelter; after all it was still Easter. The sur Department Adjutant, American fisheries in the House of plus baskets were delivered to the Alaska American Legion, Representatives, many of those years as Native Hospital for distribution to the native Juneau, Alaska chairman of the House Committee on children. DEAR JoE: Having just had the opportunity By now the whole country was aware that to .give your April "Alaska Legionnaire" the Merchant Marine and Fisheries. Jack Henry Post No. 1 was fulfilling its pur once over, I want to congratulate you and During the past decade many new pose in the community. Many testimonies Earle Costello for turning in an excellent problems have risen to plague our fish had been given the post as to meritorious job of journalism, from the very striking eries industry, among them the massive service in time of need. One wonderful talk and effective cover to the last page. penetration of foreign fishing fleets into given by a prominent newscaster gave 15 I think it is also appropriate for me to ex our richest fishing waters, the construc minutes of his time to praise Jack Henry Post press my sincere appreciation for the splen tion by foreign nations of huge, auto No. 1 and what it had accomplished; although did and unselfish work the Legionnaires and it was given at 2: 30 a.m. Sunday morning, auxiliary members did in the quake-struck mated stern trawlers, refrigerated ships many ears were tuned to it. One person in areas. Their efforts did much to alleviate and floating factory vessels; the develop particular was tuned in, a longtime member the suffering which must inevitably follow ment of new gear and techniques, and of our post. The next day he was at the post such a major disaster. the obvious depletion of some favored with his wife helping direct traffic in the Kindest personal regards. food species through overfishing. building and when he registered he told the Sincerely, Chairman MAGNUSON in his address be receptionist "many times he had been proud WILLIAM A. EGAN' to be a Legionnaire, but never had he been Governor. fore the National Fisheries Institute prior so proud to be a member of Jack Henry Post to the award discussed these problems, No. 1." This good membeT will never be able steps being taken in the effort to meet to say those words again. Life Member and overcome them, and a number of Robert Kaufman passed away Tuesday morn WORLD STRUGGLE FOR OCEAN SU programs which have been proposed to ing of a heart attack. This post is certainly PREMACY-ADDRESS BY SENA strengthen the industry and to develop going to miss this wonderful man. TOR MAGNUSON OF WASHING and maintain the fisheries of the United To our knowledge at this time there have TON States on an optimum sustained-yield been two members of .this post listed as cas ualties, Robert Kaufman and Lee Styer, Jr., Mr. BARTLETT. Mr. President, my basis. son of Lee Styer, Sr. friend and colleague, the distinguished I ask unanimous consent, Mr. Presi Due to poor communications up to this senior Senator from Washington [Mr. dent, that the address "The World Strug time, we have not been able to contact the MAGNUSON], on Monday~ April 27, ad gle for Ocean Supremacy" delivered by other posts and receive fUll details of casual dressed the 19th annual convention of Senator WARREN G. MAGNUSON before the ties or losses in the quake area. When this the National Fisheries Institute which National Fisheries Institute at its 19th information is received, Jack Henry Post No. this year was held in his home city, annual national convention, held in 1 will be sta.nding by to help. Seattle, Wash., may be printed in the One truckload of clothes, food, and sleep Seattle. ing bags were taken to Glennallen Post No. The subject and title of this outstand RECORD. 27, Monday evening by a volunteer and given ing address was "The World Struggle for There being no objection, the address to the post to distribute. At the time he Ocean Supremacy," in the course of was ordered to be printed in the RECORD, arrived the evacuees of Valdez and town peo which he not only reviewed the work in as follows: ple were reported to be eating the rations behalf of America's fisheries of the Sen THE WORLD STRUGGLE FOR OCEAN SUPREMACY issued to the military on duty there. They were very grateful but their first question ate Committee on Commerce, of which he (Address of Senator WARREN G. MAGNUSON, was what could they do for us in Anchorage. is chairman, but offered a number of of Washington, at the 19th annual conven AB the clothing drive started, it created well-considered proposals for developing tion, National Fisheries Institute, Inc., Se another monster, approximately 8,000 pounds the living resources of the seas and attle, Wash., April 27, 1964) of clothing started to arrive at the post. strengthening our fishery industries. Mr. President, friends, leaders of Ameri This was sorted by the clothing commit Chairman MAGNUSON'S colleagues in ca's first and most historic industry. I con tee and junior auxiliary. Soon another 65 the Senate will be gratified to hear that gratulate you on your convention program. boxes of clothing arrived on MATS military It is a go-ahead program for all segments of plane from Anacortes, Wash. As . the build at the conclusion of this address and the industry. I like the emphasis you are ing bulged with clothes, the Legion Post much to his surprise President Robert J. placing in your committee sessions on fishery No. 28 offered their fireproof building as Gruber of the NFI presented the speaker economics, products quality, preservation, storage and distribution center and the VFW with a handsome plaque, honoring him marketing, and consumer appeal. auxiliary offered their help to dispense and as the institute's "Man of the Year" in The fact that you are holding your conven sort the clothes. The Red Cross and Salva- recognition, as the plaque states, "Of tion in Seattle does honor to this fishery- 1964 CONGRESSIONAL RECORD - SENATE 9843 minded area, State, and city in which you tlon in consultation with each other are An international conference on conserva are meeting for the first time. dedicated to the development of a strong, tion of fishery resources such as that called What you will accomplish in your Seattle sound, national fisheries program. for in the Senate resolution must, in due sessions will serve as impressive guidelines I would be the first to admit that this time, be held. to our committees in Congress and to our program is belated, that it is not firming as This conference ls imperative 1! nations administration for years to come. rapidly as you and I would wish, that it is are to prevent ruthless plunder of the ocean's Let me assure you that we in Government not yet as broadly conceived or as extensive treasures, eventual extinction of major food so fortunate as to be able to attend your con as you and I know it must be. But the de species, congestion and chaos in all high vention are learning far more from you than velopment of this program, I think you wlll seas fisheries, mounting tensions between you can gain from our presence, for we are agree, is beginning to gain momentum, and great powers striving for dominion over vital learning firsthand the problems and needs the program will be expedited by this con - fishing grounds and, ultimately, hunger and of your embattled industry. vention. starvation among the teeming mi111ons in We know that you and your industry are The first gleam of a fisheries program-of underdeveloped areas who ceven today are waging a ceaseless battle to survive; that any national program to develop, utilize, and suffering debllltatlng atructlons from a de America's fishery industry is going through conserve the resources of the sea--came 10 ficiency of proteins. its Valley Forge, buffeted and beleaguered. years ago with passage of the Saltonstall Even now, according to the World Health Survive you will, of that I am confident. Kennedy Act which we are proud to have and Food and Agriculture Organizations, Not only wm you survive but you will grow helped champion. many thousands of mothers and children die and prosper. Later in my remarks I will state Two years later, with your support, we in from protein deficiency diseases such as my basis for this conviction. troduced the Fish and Wildlife Act of 1956, kwashlorkor and maramus, victims whose But now let us look at some of the facts which for the first time created, in the De lives would be saved by a dally pinch of high that today confront the industry. partment of the Interior, an agency to serv protein concentrate added to their starchy First, you are locked in a struggle for the ice exclusively the commercial fisheries in diets. living resources of the seas, facing over dustry; established in the State Department Today's world population ls estimated at whelming and sometimes ruthless competi a Special Assistant for Fisheries, and for the 3 bllllon. By 1994 it w111 virtually have tion in the vast no man's area spread over first time declared by statute an official na doubled. Seventy years or two generations seven-tenths of the earth's surface. tional fisheries policy. from now, scientists predict population wlll The seas and oceans, as we all know, are You are familiar with the basic tenets of have risen to 12 bllllon, and within a cen the world's one vast remaining common pas this policy, but I doubt if they can be re tury it wm touch 25 b1111on. ture; the one great treasure trove, unre peated too often. They are: Who and what wm feed these multitudes served and open to all seekers. 1. To increase and maintain forever, for crowding the limited land surface of the Many nations are grasping for this treasure, the people of the United States, a fishery re earth, only one-ninth of which ls arable? pouring wealth, material, and manpower in source capable of yielding the maximum an From what source wlll their food come? to a worldwide contest for the resources of nual product. Only the sea, I submit, can assure that the oceans, and at a time when our own fish 2. To strengthen and maintain forever, a the increased protein needs of exploding ery industry is lacking in ships and funds vigorous fishery industry by assuring full and populations will be met. Tomorrow, sur and economic defenses. fair access to its raw material and full and vival of the fishing industry and survival of You have a product unexcelled, superior in fair access to the American market. the human race will be synonymous. taste and savor, superior in proteins, amino 3. To do these things in partnership with This we know. If the nations of the world acids, minerals, and vitamins essential not the States and in full accordance with our are to make provisions for the protein needs only to health but to life itself. But you national obligation, and without sacrificing of their future generations they must join must battle for a foothold in markets bulg the system of free enterprise. and join soon in agreements for worldwide ing with other foods, products of the soil All of the fishery bllls Congress has passed conservation of the oceans' living resources. backed by enormous budgets, both private while I have been chairman of the Commerce Pending a world conservation conference and Federal, by artful packaging and ad Committee, and all of the fishery bills now neither you in industry nor we in Congress vanced sales methods. pending have the design and purpose of car can afford to mark time. We must move You are competing on the high seas against rying forward this policy and giving life to forward and we are moving forward. huge, modern fleets constructed and operated its important concepts. During this Congress I and a number of by foreign governments and by other foreign Fishery proposals to the commit-tee or my distinguished colleagues have introduced, fleets heavily subsidized by their govern made to myself as chairman, which are still my committee has approved, and the Senate ments--and you are competing in the Na tentative or tenuous, will be considered from has passed, four bllls to strengthen our fish tion's kitchens with the products these :fleets the viewpoint of their conformity with our ing industry, bllls which are now pending take, and to a considerable extent take in our national fisheries policy, that I assure you. before the House of Representatives. own waters. These proposals, several of them extensive, All are in keeping with our national fish You are challenged, too, by domestic de wm be touched on before the conclusion of eries policy as established by law 8 years terrents such as the misguided position taken my remarks, and your advice and counsels ago. by one Government department that to date wm be elicited. S. 627 would allocate substantial funds to has refused to approve pure and chemically The 85th Congress also enacted my bill to States on a cooperative basis and for a period processed high-protein concentrate for home provide funds for repair, replacement, and of 5 years for commercial fishery research consumption, a denial of our boasted ideals equipment loans to the fishery industry, al and development projects. No State or is of free choice, free enterprise, and free com though in an amount much less than I had land possession would be ignored. petition. This ls an intolerable discrimina asked. S. 978 would restore to self-employed U.S. tion against· your industry and the products Another blll I introduced directed, for the fishermen eliglb111ty for meqlcal care in hos of the sea. first time, the Fish and Wildlife Service to pitals, outpatient clinics, and other fac111tles The woefully small agency created to ad investigate the effects of pesticides on life in of the Public Health Service in the event of vance America's fisheries must each year con our seas, lakes, and streams. This is a con lllness or injury incurred in their hazardous test powerful Government rivals for funds tinuing investigation which today, as you occupation; medical services that were ex to maintain such services as they now pro know, ls receiving wide public attention. tended to them for 156 years--from 1798 to vide. Funds for the Department of Agricul We were less fortunate in obtaining favor 1954. ture this year were 220 times those for the able action in the 86th Congress on major S. 1006 would make available $10 m1111on Bureau of Commercial Fisheries. legislation-I will not burden you with de annually for 5 years to assist the industry in Your friends in Congress must fight each tails-but we did score what I consider sev construction of ships with advanced design year for every legislative item designed to eral important successes in the 87th. and gear, and would repeal restrictive pro give some measure of assistance to fisheries. One of these was Senate Resolution 392 visions of a previous act which was lnade Every success that we have had has in calling for an international conference on quate also in both funds and in percentage of volved a long and determined struggle, one the conservation of fishery resources, which Government participation in private fishing in which industry has been our strongest your good friend Ben Smith, as Senator from vessel construction. ally. Massachusetts, joined me in sponsoring. Our fishing fleets today in the Atlantic, the These efforts in Congress are not solely or Another accomplishment was the amend Gulf of Mexico, and in the North Pacific are even primarily in industry's behalf. They ment to the Trade Expansion Act providing old, small and obsolete, and only a segment are undertaken because we in the forefront that when such a conference as that con of the tuna fieet has ships suitable to com of this struggle know that our fisheries must templated above ls held curbs may be placed pete with those of other nations in the area be strengthened in the interest of the Na on nations that ignore, evade, or violate the in which it operates-and this fleet ls small tion's health, the national economy, and, conservation principles that are adopted. in numbers. above all, America's security. Both of these measures have great poten Soviet Russia has more than 100 huge stern It is for these reasons that your leaders tial significance to the industry, to the Na trawlers which she describes as floating fac and leaders in Congress and the administra- tion, and to the world. tories and her ocean fishing fleet in the past 9844 CONGRESSIONAL RECORD - SENATE May 2 10 years has triploo while that of the United zinc, civil aviation, meteorology and tele ment, utmzation, and conservation of our States has declined. communications. fisheries, both on the high seas and in our Russia's 1962 catch on Grand and Georges As Dr. John L. Kast, one of the most emi lakes and streams. Bank was second only to that of Canada, nent fishery scientists on this continent, Fourth, we must explore together the pro while that of the United States, according to has said: "There is not a single United Na posal made by Dr. Athelstan Spilhaus that records of the International Commission for tions agency that takes more than a passing the Government sponsor and assist in the Northwest Atlantic Fisheries ranked even interest or responsibility for the study, de financing sea-grant colleges that would have below that of Portugal and Spain. velopment, or exploitation of our ocean re the same role in advancing fisheries and Japan has announced her Bering Sea fleet sources." marine sciences as did the land-grant col this year will include 14 motherships accom And although the world's future food 1mp leges established during Abraham Lincoln's panied by 228 catcher vessels. Eleven of the ply wm depend in great measure on fish administration in promoting agriculture. motherships are' over 2,500 tons; 5 of them eries, fisheries industries, and fishery scien The sea-grant college proposal, in my over 10,000 tabs. In addition to this fleet tists, there is no nongovernmental organiza opinion, might be carried out by allocating Japan will operate two independent large tion representing your industry, and none of to fisheries a larger share of the duties col stern trawlers and a mothership-type king fishery biologists as there is in 14 other scien lected on imports than are now received un crab fleet in Bristol Bay. tific fields. der the Saltonstall-Kennedy Act. This If America is to compete with the fleets of A world fisheries organization within or method of financing would place no new or 10 oversea nations, among them Russia, without the United Nations could imple added burden on taxpayers. Poland, and East Germany, that are crowding ment my resolution of the 87th Congress There are other proposals also, such as one Grand and Georges Bank; with the 12 na calling for an international conference on that the National Academy of Sciences be tions again including Russia, fishing the conservation of fishery resources, and such asked to set up a committee on fisheries as Gulf' of Mexico and the Caribbean; with the a. conference could make effective the safe it did a committee on oceanography a few 17 nations, 3 overseas, operating along guarding amendment to the trade expansion years back, but I have had conflicting views the coasts of South America; with the 28 act which I referred to earlier. on this idea. nations fishing West African waters the Rus A world fisheries organization could in You wm, I am sure, weigh all of these pro sians already dominate, or with the massive augurate an international fisheries year posals, critically and thoroughly. It is my Japanese and Russian fleets in the Gulf of such as proposed by some of our leading earnest hope that you will favor my com Alaska and Bering Sea, the United States scientists and fisheries economists at a re mittee with your views. must have more and better ships, better gear, cent symposium in Boston. and which could There is one other matter that I will touch and more advanced technology. Enactment be as rewarding to the nations of the world on, not a proposal but a project, and one of s. 1006 would be a small but definite step as was the international geophysical year. which I think has great potential. toward this objective. . A world fisheries organization could spon Dr. Sidney Galler, chief biologist with the s. 1988 would prohibit foreign ships and sor a worldwide survey of fishery resources Oftlce of Naval Research, ls presenting to the crews from fishing in territorial waters of that could be of incalculable benefit to sci Navy Department a plan to use certain com the United States, and would impose penal ence, to industry, and to the peoples of the mercial fishing craft in marine biological re- ties for violations. Width of our territorial world, and a world fisheries organization . search required by the Navy in its antisub seas would be subject to further determina could resolve many of the present conflicts marine warfare program.. tion on the basis of our national interest. and tensions between the 131 nations that The operation, Dr. Galler informs me, The last three bills have passed the Sen are now drawing food from the seas in suf would in no way interfere with normal fish ate and are before the House Committee ficient quantities to export some of the prod ing operations or require added personnel, on Merchant Marine and Fisheries. If singly uct to the United States. and the data collected would be of value to both the fisheries industry and to national or collectively you favor or oppose these bills If industry wants such an organization you may wish to advise that committee of defense. and works for it with the vigor and effort As Dr. Galler explains it, very small instru your position. you have shown in other efforts I think it One other action which I and other mem can be achieved. ment packages would be placed aboard the bers of the Commerce Committee, notably - fishing craft, the instruments automatic and Here at home there ls also work that we self-operating. Payment would be made by Senator BARTLETT of Alaska, took this year can do, or that others can do in the national could prove a boon to the fishing industry, the Navy to the vessel operators for the use interest, that will help your industry and of their craft as mobile ocean platforms. provide an outlet for surplus stocks which help the country. I will list briefly some of could clog or depress domestic markets, and I will not burden you with details but I the proposals that have come to me or have can see merit to this plan. It costs $1,500 to relieve hunger in overpopulated, under been made to me by others. nourished areas abroad. $2,500 a day for the Navy to operate one of One that ls not new with me but which its research ships. Yet much of the data this This 18 the amendment to the Foreign I have persistently urged and advocated ls Assistance Act which we offered and which vessel collects could be obtained from a prop to upgrade the status of fisheries in the erly instrumented fishing vessel, the Navy, of Congress approved authorizing the inclusion Federal Government. Fisheries departments of surplus fishery products in our "foo~ for course, supplying the instruments. rank high in the governmental structure of Perhaps there will develop a closer rela peace" program. Major benefits become ef many of the nations with which we are now fective January 1, and the Bureau of Com tionship between the Navy and our fishing in almost constant negotiation-in some the industry, a closer partnership, a· greater rec mercial Fisheries has requested supervising minister of fisheries has cabinet status. agencies to designate Maine sardines, mack ognition on the part of the Navy that fishing erel, alewives and pink salmon as available A step in the right direction was made vessels on the high seas are the advance out by President Kennedy when he appointed posts of our national defense. I hope so. for distribution by that date. Ben Smith, with the rank of Ambassador, to The actions I have discussed above are not Soviet trawlers, ranging the wide seas, are head the U.S. delegation in fisheries nego engaged in many activities other than catch solutions to the problems of the fishery in tiations. There should be, in my opinion, dustry or to the recovery of America's stature ing fish, carry many instruments of observa a permanent Assistant Secretary of State for tion and communication that have no bear on the high seas. They are approaches to Fisheries. solutions, constructive approaches in my ing on fishery technology. opinion, but far from answering all of the In the past, I regret to say, no major food We know the important role Japanese needs either of the industry or the Nation or fiber industry in the United States has fishermen had in their nation's war prepara received less Government recognition, sup tions before Pearl Harbor and even later dur relating to the living resources of the seas. port, or protection. There are needs which require interna ing enemy occupation of Kiska and Attu in tional approaches, and there are needs requir Second, in keeping with our national fish the Aleutians. ing well-advised solutions here at home. eries policy of Federal-State partnership in We know, too, that in that war our Navy developing and maintaining our fishery re took 289 of your best fishing vessels to serve There 18 neoo for an international fisher sources, I would urge a joint conference of ies organization if we are to seek conserva as auxiliaries to our fleet. tion of ocean resources, need, I would say, Federal and State fishery authorities such The Navy, and our Government, should for both an official intergovernmental fisher as that held recently in Canada, where Do also recognize that in peacetime as well as ies organization and for one consisting of minion and Provincial ministers of fisheries, in time of war, our fisheries, if they be strong, meeting in Ottawa, mapped a strong cooper can fulfill a vital mission in our national leaders of the fishery sciences and inde ative program. pendent of governments but with rthe knowl security. Third, just before I left the National Capi A strong U.S. fishery and a strong U.S. Navy edge and the practical experience to offer tol to attend your convention, I introduced constructive guidance to their government. on the high seas can together safeguard our legislation somewhat similar to Senate Joint Nation from any attack from the sea. Neither exists now. Although fisheries are Resolution 112 of the 78th Congress which, Mr. Chairman, friends, exactly 1 month worldwide and of world importance they in 1944, authorized a broad survey of the to a day before he was assassinated, our late have no specialized agency in the United Na marine and fresh water resources of the President John F. Kennedy sounded the key tions or separate world organization as do United States to determine how we may note for the future of American fisheries and cotton, sugar, wheat, rubber, coffee, lead and best insure the fullest permanent develop- for expanded marine research when he ad- 1964 CONGRESSIONAL RECORD- SENATE 9845 dressed the National Academy of Sciences mid-April of this year. The present de and the income-purchase ratio of our in Washington. He said in part, and I quote: pressed farm price level is down to 75 American farmers to at least the levels "We want to know what is under the sea, percent of the parity standard. The level of the Eisenhower administration; and and we need to consider its bearings on our was 77 percent in March and 78 percent I would hope we can do better than that. security, and on the world's social and eco Instead, we are now running nearly 10 nomic needs. in April, of a year ago. "It has been estimated, for example, that The lowest price level to which farm percent behind the Eisenhower years in the yield of food from the seas could be in products dropped during the Eisenhower providing equity and parity for the creased 5 and 10 times through better knowl administration was 80 percent of parity American farmer. edge of marine biology, and some day we will in 1960. They averaged 84 percent of No wonder the high Wall Street stock seed, and weed, and harvest the ocean • • • parity during President Eisenhower's 8 averages and the industrial statistics international cooperation is indispensable if years in the White House. from our great cities make such dismal human knowledge of the ocean is to keep No wonder, Mr. President, so many reading for America's farmers, ranchers, pace with human needs." This is the spirit of searching for knowl farmers and ranchers along with other miners, foresters, and our fishery indus edge-searching for solutions-in coopera producers of basic materials and prod try. The time is here, right now, when tion and partnership with men of good wm ucts are registering over to the Republi Congress should be protecting the future here at home and throughout the world that can Party to protest the .continued neg of American economy by making certain the present administration adheres to-and lect of their plight and the increasing our raw materials receive what they are the spirit that I, and I am sure you also, be favoritism being shown to labor unions worth and that we do not start a total lieve in. I thank you. and eastern corporations as together they collapse of our so-called prosperity cy pyramid the costs of everything that cles, by robbing the producers in our FARMER'S COST-PRICE PARITY rural Americans must purchase to enjoy basic industries of a fair return for their life. The three-eyed demons of im labor and_ capital, thus generating a RATIO LOWEST IN 24 YEARS ports-inflation, and indifference are slowdow·n and a cutback in our entire Mr. MUNDT. Mr. President, yester plaguing American agriculture and our economy. Even our tax cuts cannot day, the New York Times and many other entire raw materials economy. counteract such acute economic distress metropolitan newspapers headlined Gov Since this is a presidential year, it in our raw materials economy. ernment reports stating that this coun might be well to point out that in the We cannot protect even this present try was enjoying a longtime period of 1960 presidential campaign, both parties lopsided prosperity picture by concen- . increasing prosperity and that public promised action to raise returns from trating all our efforts on creating high policies had helped achieve this salutary crops and livestock to full parity-the income returns and pleasant living for record. standard fixed by law as fair to farmers. the city dwellers, the industrial giants, In the same newspapers, however, What happened? The Democrat candi and the great labor unions, while contin carefully tucked away in the inside pages, date won the presidential race.· The uing to neglect those who toil with their were other Government reports which Democratic Party has virtually a 2-to-1 hands and who labor in the fields to pro- , convey a far less satisfying and encour majority in and control of Congress. duce the goods and fabrics of America. aging status of economic affairs insofar The Democratic Party has repudiated It is likewise unwise to ignore the eco as America's basic industry-agricul its pledge to rural America. The Demo nomic needs of other such producers of ture-is concerned. For example, yester cratic Party has notably shifted its al raw materials as our miners, our fishery day, both the New York Times and the legiance and affection to the vast urban industry, and the lumber industry of this Wall Street Journal carried triple-col and metropolitan areas of America. great country, into which vast amounts umn headlines on their inside pages an Farmers and ranchers are not long of competitive imports are dumped from · nouncing that the buying power of the and easily hoodwinked. They will regis abroad at ruinous prices but which have, American farmer had reached a 24-year ter their resentment and their objec thus far, failed to protect the jobs and low, and that our ranchers and farmers tives at the polls this year since their the profits of American producers of so confront serious economic problems as we cause will be wholly and totally lost, of many of our essential basic products. fail to develop public policies and tariff course, if they embrace and endorse an We need corrective action now before measures to upgrade American farm in administration and a Congress which this Congress adjourns. come. has steadily cut down their parity ratio I ask unanimous consent to have Mr. President, there is no cause to ex of income. printed in the RECORD two articles pub pect permanency or stability from eco For . example, even the so-called lished in yesterday's New York Times and nomic conditions which reflect prosperity wheat-cotton bill, passed a month ago Wall Street Journal, including the ac to those who use stock market averages by this Congress, which was described companying tables: as their criterion, or who take encour as "the best the White House will let There being no objection, the articles agement from the fact that industrial us have," is estimated by its most en were ordered to be printed in the RECORD, activity is at a high level, until and unless thusiastic and ardent supporters to pro as follows: ways can be found and laws enacted duce-if it operates as its maximum ef FARMERS' BUYING POWER FELL IN Mm-APRIL which will assure the producers of Amer fectiveness-only 72 percent of parity TO 24-YEAR Low, PARITY RATIO INDICATES ica's raw materials and farm products price supports for wheat producers. t WASHINGTON.-Farmers' purchasing power equitable economic treatment. doubt that the results will be any better shrank in the month ended April _15 to .its Farm and ranch products together for the cotton farmers. This will be an lowest level since mid-August 1939, accord with our mines, forests, and :fisheries, even further reduction in the income of ing to Government measurements. produce the all-important "raw materials the Wheat Belt farmers as compared to The ·Federal yardstick, the farm parity dollar" which pyramids on the average ratio, fell to 75 in mid-April from 77 on their income in 1963 and an even lower March 15 and '78 in mid-April last yea.r. The of seven times to comprise our total Na parity ratio than the new 24-year low ratio was 74 on August 15, 1939; the record tional income. Unfortunately, these record of 75 percent announced yester low is 53 in June 1932. basic raw materials industries-including day.· The ratio is the relationship between what farming and ranching-are in the dol I voted for the so-called wheat-cotton farmers receive for goods they sell and pay drums, receiving far less than a parity bill in the hope that when it got to the for goods they buy. A ratio of 100 would price for their products and paying in House it would be improved and because mean farmers were receiving "fair" prices flated rates for what they have to buy. it is better than nothing. Unfortunately for their products. The last time the parity We dare not become complacent and the House invoked a gag rule on the bill ratio reached or exceeded that level was in September 1952, when it was 101. The record should not become boastful about so so it could not be improved. The sad high is 123 in October 1946. called prosperity indexes which reflect fact is that as enacted it will reduce The mid-April squeeze this year resulted such a serious disparity in our American wheat income from what it has been the mainly from rieing farm-wage rates and a economy. past few years. drop in prices received for milk, cattle, and The news stories from yesterday's Mr. President, Congress should not- lettuce. Higher prices received for wheat, papers report another 2 percent decline must not-adjourn until legislation is potatoes, and oranges were only partly off in farm prices between mid-March and enacted to restore the earning power setting. 9846 CONGRESSIONAL RECORD- SENATE May 2 Cash prices, Thursday, Apr. 30, 1964 [Quotations as of 4 p.m. eastern time] FOODS TEXTILES AND FIBERS Thurs- Wednes- Year Thurs- Wednes- Year day day ago day day ago ------!------Flour, hard winter NY cwt ______$6.62 $6. 62 $6. 97 Cotto1a one in. mid Memphis lb ______$0. 3325 $0. 3325 $0. 3400 1,47% .47.% . 33}4 Print loth, 64x60 38% in. NY yd ______.14}4 .14}4 .14 Print Cloth, 80x80 39 in. NY yd ______1.22}4 . 22}4 .28~ .18 .18 .18~ .1115 .1115 .1200 Sheetings, 56x60 40 in. NY yd ______Sugar, raw NY lb ______. 19 ~ .19~ .19 ~~::: 1~~:i\~&=~~======.0725 .0725 .0978 Burlap.( 10 oz. 40 in. NY Yd------~ ----- 2 .1145 .1145 .1185 Butter, fresh A-92 sc NY lb ______.58% .58% .58% Wool, nne staple terr. Bstn, lb ______1. 43 1. 43 Eggs, lge-mix ext, Chgo., doz ______1. 30 .28% .28% .29.% I 1. 675 1. 680 WoolRayon, Tops, Satin NY Acetate lb------1 NY yd ______1. 680 Broilers, 3 lb and under DelMV lb ______.14 .13H1 .15 I .32 . 32 . 25 15. 25 15. 50 14.50 122.00 22.50 23. 75 f~i~~~~;~~~~~~~~~======2. 39.% .39.% .33.% METALS GRAINS AND FEEDS Steel Scrap, 1 hvy melt Pgh ton ______$30. 00 $30. 00 $30. 00 Copper, Conn Valley lb ______. 32 . 32 . 32 Copper Scrap, No. 2 wire NY lb ______a. 29}4 . 29}4 .25}4 WheatJ_No. 2 ord hard KC bu ______$2. 23 $2. 24~ $2. 30~ Lead, NY lb------_------.13 .13 .10.% Corn, .No. 2 yel Chicago bu ______I 1. 28}2 1. 28.% 1. 22 .13% .13% . 11% Oats, No. 1 wh heavy, Chgo., bu ______1.65~ . 66}4 . 73 Aluminum, ingot,- NY lb======______======______======____ _ 1.35% 1. 35% 1.16% Rye, No. 2 Minneapolis bU------.------1.32% 1. 31% 1. 21.% ~~~·J~sfb~t_. ~-~~-~~= .23% .23.% . 22.% Barley, malting NY bu ______: ______11. 66 1. 66 1. 70 Quicksilver, NY 76 lb fl.ask ______Silver, (H&H) NY oz ______272. 00 265. 00 188. 00 Soybeans, No. 1 yel Chicago bU---~------12.59~ 2. 60,% 2.62~ 1.293 1. 293 1. 27 Flaxseed, Minneapolis bu ______3. 15 3.15 3. 07 Bran, Bufialo ton_------138.50 41. 00 37. 50 Linseed Meal, Minneapolis ton ______154.00 54.00 60.00 MISCELLANEOUS Cottonseed Meal, Memphis ton ______I 55. 51 55.50 61. 00 Soybean Meal, Decatur, Ill. ton ______I 67.00 67.50 68.00 Rubber, smoked sheets NY lb_- ~------1 $0. 26 $0.26 $0.27 Hides, light native cows Chgo lb______1 .16% . 16% .15 FATS AND OILS Gasoline, 91 Oct. Mid-cont gaL______. ll}i . ll}i .12~ Fuel Oil, No. 2 Mid-cont gaL------• 08 .08 .09 Cottonseed Oil, crd Miss Vly lb ______a $0.10~ $0.10~ $0. 10% Corn Oil, crude Chicago lb______.10% .10.% .12 1 Nominal • Soybean Oil, crd Decatur, Ill. lb______1. 08~ .08}4 • 09~ 2 Asked. Peanut Oil, crd Southeast lb______• .11~ . 11~ .11% •Bid. Coconut Oil, crd Pac Ost lb______1 .13}i .13~ . 11~ Copra, Pacific Coast ton_------I 180. 00 180. 00 170. 00 Lard, Chicago lb------1. 09~ .09~ .07}4 Tallow, bleachable, NY lb_------• 06% .06% .05% Linseed Oil, raw NY lb______'.1438 .1438 .1378 The index of prices farmers paid for goods also 313 percent in January and February and from 242 percent on April 15 last year. and services, including wages, rose to 314 this year. Officials said this is the lowest prices-received percent of the 1910-14 base from the previous The index of prices farmers received for index since mid-July 1961, when it was also high of 313 percent a month earlier and 312 their products fell to 236 percent of the 236 percent, and the lowest mid-April index percent in mid-April 1963. The index was 1910-14 base from 240 percent in mid-March since 1957's 232 percent. The Department reports April 15 parity prices of principal farm crops compare as follows: Prices received by !armers for their principal crops compare as follows: Apr.15, Mar.15, Apr. 15, Apr. 15, Mar. 15, Apr. 15, 1964 1964 1963 1964 1964 1963 ------·------Wheat, per bu ___ ------$2.53 $2.52 $2.49 Wheat, per bu ______------$1. 94 $1. 85 $2. 09 Cotton, per lb ______------_------.4091 .4078 .4031 Rye, per bu------1. 04 1. 07 .958 Rice, per cwt _____ ------6. 37 6. 35 6. 44 5. 27 5.17 5.18 1. 56 1.56 1. 59 ~~~.ri~rg~u~~~-~~---~======1.14 1.11 1. 08 ======.142 .141 .140 Oats, per bu ___ ------. 632 .631 . 650 Tobacco,~~!~uf~r P~~ib-_-_-== per lb __ ------. 744 . 742 . 728 .906 . 902 .887 Potatoes, per cwt ______------2. 35 2.34 2.29 1. 74 1. 75 1. 71 . 779 . 773 . 778 .~::~~ruE;~1tn;Hay, baled, per ton i>eicwt= ______======______======· Butterfat,Milk, per cwtper ______lb ___ ------_ Cotton, per lb ______23.50 24.00 22.50 5.40 5. 38 5.35 . 3167 .3068 . 3306 Wool, per lb ____ _------. 798 . 795 . 778 n.a. 46. 30 n.a. 1. 23 1. 23 1. 25 Barley, per bu __ ------Peanuts, per lb ______2. 45 2. 55 2.45 Cottonseed, per ton------ 63.10 62. 90 62.50 ~i;~~~~s~dpfre~~~~======.112 . 114 .111 Flaxseed, per bu __ ------3.83 3. 82 3. 89 Flaxseed, per bu ___ ------2.81 2.85 2. 79 Oats, per bu___ ------. 845 .842 .849 2.08 1. 74 1. 48 1.38 1. 38 1. 42 .345 Soybeans,Rye, per bU-- per ------bu ______------_ n.a. .580 3.04 3. 03 3. 01 Hogs,~~b'1::g; per E!~ cwt------lb~--~======14.00 14.10 13. 50 Cattle, per cwt ______------_- -- __ ------24. 70 24. 70 24. 00 18. 10 18. 60 20.50 Calves, per cwt __ ------28.10 28.20 27. 00 13.40 13.60 14. 30 Chickens, live, per lb ______.227 .226 .238 6.40 . Lambs, per cwt ______6.13 6.45 . 471 . 470 . 482 ~~!:~i~;c~~~~-======20.10 19.80 18.20 21.80 21. 70 22.40 Lambs, per cwt ______Butterfat, per lb ___ ------. 587 . 587 . 584 ~~i~. ~~~ ~~--======24. 70 24. 70 24.50 Milk, wholesale, per cwt ______3.93 4.12 3.88 Sheep, per cwt_------7. 82 7. 79 7.84 .134 .140 .149 Turkeys, per lb------.327 . 326 .336 . 209 . 215 .218 ~:~~;~~·1I~~~·te~r1i~--======. 316 . 341 . 326 ~;gi, ~~r 1g~======. 536 .525 .496 FARMERS' COST-PRICE RATIO Is LOWEST SINCE when measured against the parity price goal tion was 80 percent of parity in 1960. They 1939: AMOUNT PAID FOR CROPS DIPS 2 PER of Federal farm programs. averaged 84 percent of parity during Presi CENT, WHILE EXPENDITURES ADVANCE TO A In the 1960 presidential campaign, both dent Eisenhower's 8 years in the White NEW HIGH parties promised action to raise returns from House. WASHINGTON, April 30.-Farm product crops and livestock up to full parity-the Not only did farm prices dip· during April prices bobbed up today as a potentially Im standard fixed by law as fair to farmers. to the lowest parity level since late 1939, but portant issue in this year's presidential cam A 2 percent decline in farm prices between prices paid by farmers for goods and services mid-March and mid-April depressed the farm used in production and family living climbed paign and in races for Democratic-held con price level to 75 percent of the parity stand to a new high, thereby tightening the cost gressional seats in farm States. ard. The level was at 77 percent in March price squeeze on farmers. The Department of Agriculture reported and 78 percent in April 1963. The sorest price spots-from the farmer's that prices received by farmers in mid-April The lowest level to which farm prices standpoint--are cattle, hogs, chickens, eggs, were at the lowest level since August 1939, dropped during the Eise:11hower administra- and turkeys--all good income producers 1964 CONGRESSIONAL RECORD - SENATE 9847 when prices are favorable. The prices of all would create, and trying to reconstruct thereto, disagree to the amendments of these products were below 75 percent of the history of past civil rights legisla the Senate, and ask for a conference. parity in mid-April. Only cattle prices were down 12 percent from a year earlier. tion, I fear very much that the adop The Clerk read the title of the bill. tion of amendments would compel the The Speaker asked if there was objec The PRESIDING OFFICER. Is there the bill to run an obstacle course tion. further morning business? If not, which would be full of pitfalls, high hur Mr. WALTERS objected. morning business is closed. dles, artful detours, blind alleys, sand Mr. CELL ER then asked unanimous The Chair lays before the Senate the traps, water jumps, boobytraps, and land consent that the House recede and con unfinished business. mines. cur in the Senate amendments to the I have more than a suspicion that we bill. might even lose the substance of the bill CIVIL RIGHTS ACT OF 1963 The Clerk read the title of the bill, the or lose the bill itself by these obstacles Speaker asked if there was objection, and The Senate resumed the consideration and pitfalls, which may indeed prevent Mr. KEATING objected. of the bill Voting age population and registration statistics, State of Fl01·ida Persons of Persons Percent Not desig Persons of Persons Percent Not desig County voting regis regis nated a County voting regis regis nated a age 1 tered 2 tered age 1 tered 2 tered Alachua: Gadsden: White______------30, 555 28, 845 94.4 3.59 White ___ ----__ ------11, 711 6,964 59.5 Negro_------9,898 3,678 37. 2 Negro ______.: ____ ------12, 261 450 3.6 30 Baker: Gilchrist: White ______------3,203 3,148 98. 3 ------White ___ __ ------1, 513 1,454 96. l Negro_------807 461 57.1 ------Negro_------154 66 •2. 9 2 Bay: Glades: White ____ _------31, 940 23, 031 72.l 74 White ______------1,061 916 86.3 ------Negro_------4,964 3,246 65. 4 } Negro_------741 239 32. 3 Bradford: Gulf: ------White_------__ ------5,580 4,578 82. 0 ------White ______------4, 196 3,686 87.8 ------Negro_------1, 345 885 65.8 ------Negro_------1, 138 622 54. 7 Brevard: Hamilton: ------White ______------58, 433 42, 725 73.l 1,042 White_-----_----____ ------2,486 2,591 104.2 Negro_------6,494 2,335 36. 0 } Negro_------1,621 716 44.2 } 5 Broward: Hardee: White__ ------__ ------189, 517 143, 799 75. 9 4, 159 White ______----- ___ ------6, 734 5,201 77.0 Negro_------27, 009 12, 413 46. 0 } Negro ___ _------552 302 54. 7 } 13 Calhoun: Hendry: White ______------3,434 4, 241 124. 0 10 White _____ ---______------3,430 2,856 83.3 Negro_------582 403 69. 2 } Negro __ ------1, 180 7G9 60.1 2 Charlotte: Hernando: White ______------8,659 8,496 98.1 150 White ______------5,689 5, 122 00. 0 Negro ____ ------427 297 69.6 } Negro ______------1, 151 621 54.0 } 30 Citrus: Highlands: White_____ --- -~ --______------White ______------_ ---__ 5,174 4,989 96. 4 63 10, 997 9,685 88.1 Negro __ ------829 470 56. 7 } Negro _------2,251 1, 235 54.9 } 60 Clay: Hillsborough: White __ ------9,508 7, 188 75.6 18 White______------213, 950 135, 960 63.l'i Negro __ ------1,276 899 70. 5 } Negro __ _------31, 114 17,585 l'i6.l'i } 840 Collier: Holmes: White _____ o ___ ------_ 8,163 6,650 81. 5 42 White____ ------6, 131 6, 709 109.• Negro __ ------1,364 352 25. 8 } Negro ___ ------249 163 65.5 } Columbia:White ______Indian River: 8,092 7, 385 91. 3 30 White______------13, 182 10,364 78.6 Negro ______------3,122 1, 702 54. 5 } Negro _------2,637 1,116 42.3 } 248 Dade: Jackson: White ______------_ --_ 537, 448 376, 246 70.0 4,044 White___ ----__ ------14,087 11, 984 85.1 Negro __ ------75,573 38,810 51. 4 } Negro_ ------5,390 3,602 66.8 } 28 De Soto: Jefferson: White ___ ------6,339 4,034 63. 6 ------White__ ----_____ ------2,383 2,282 95.8 Negro_------1,343 748 55. 7 ------Negro _------2,600 443 17.0 } Dixie: Lafayette: • White ______------_ 2,138 2,539 118. 8 6 White___ ------1,536 1, 751 114.0 3 Negro __ ------363 293 80. 7 } Negro_ ------152 0 0 } Duval:White ______---______Lake: 203,804 125, 994 61. 8 1, 139 White_ _------. __ _--- _---- 30,535 21, 989 72.0 Negro __ ------___ 58, 430 30, 792 52. 7 } Negro_------6,438 1,543 24.0 } 153 Escambia: Lee: White ______---____ ------_-- 76, 688 55, 153 71. 9 322 White_____ ------~ 30, 363 27, 729 91.3 Negro __ ------18,041 10, 827 60. 0 } Negro_------4,677 1,805 38.6 } 158 Flagler: Leon: White_------____ -----______1, 789 1, 718 96.0 White_ ------28, 241 20,319 71. 9 117 Negro ___ ------_ 846 182 21. 5 } Negro _------12, 322 5,572 45.2 } Franklin: Levy: White ______-----_ White______• __ 3, 186 3,323 104. 3 4,483 3,843 85. 7 1( Negro _____ ------779 531 68. 2 } Negro __ ------____ ------1,568 423 27.0 } See footnotes at end of table. 1964 CONGRESSIONAL RECORD - SENATE 9859 Voting age population and registration statistics, State of Florida-Continued Persons of Persons Percent Not desig- Persons of Persons Percent Not desig County voting regis- regis- nated 3 County voting regis- regis- nated • age 1 tered 2 tered age 1 tered 2 tered Liberty: Putnam: White______------____ l, 525 1, 979 129.8 White ______------______13, 095 2 8,880 67.8 19 Negro __ ------______------_ 240 0 0 } Negro ___ ------5,089 1, 708 33. 6 } Madison: St. Johns: White ______------______4,380 4,323 98. 7 White ______---__ ----______------13, 771 10, 422 75. 7 50 Negro __ ------______3,067 1, 147 37.4 ------Negro_------4, 331 1, 395 32. 2 } Manatee: St. Lucie: White______------42, 291 32, 920 77.8 17, 238 14, 713 566 White __ -- __ --_-- __ ------85. 4 181 Negro __ ------__ ------______5,278 1, 729 32.8 } Negro_------6, 527 2,318 35.11 } Marion: Santa Rosa: White ______---____ ------21,001 17,201 81. 9 White ______112 14, 710 11, 593 78.8 11( Negro ____ ------____ ------_____ 9,283 6,116 65.9 } Negro_------1, 082 660 61. 0 } Martin: Sarasota:White ______White___ ------______9,291 8,000 86 1 25 49, 533 36, 646 74. 0 Negro ______----- ______1, 753 950 54. 2 } Negro_------4,125 1,230 29.8 } 724 Monroe: Seminole: White ______------__ -- White ______25, 512 17,036 66. 8 149 24, 372 14, 317 58. 7 Negro _____ ------__ ------2,919 2,378 81. 5 } Negro_------7,050 2,058 29.2 } 233 Nassau: Sumter: White______------_____ 7,054 5,433 77.0 4 White ______------5, 396 4,890 90. 6 Negro __ ------______2,076 1,232 59.3 } Negro_------1,523 807 53.0 } 15 Okaloosa: Suwanee: White ______------______30, 816 21,040 68. 3 175 White ______------_ 6,409 6,626 103.4 Negro __ ------______2,097 899 42. 9 } Negro_------2,149 610 28.4 } 14 Okeechobee: Taylor: White ______------2,870 2,588 90.2 White_ ------5,454 5,353 98.1 Negro ______-·------533 328 61. 5 } Negro ___ ------1, 724 781 45.3 } 2 Orange: Union: White ____ ------_ -- 137, 780 87, 430 63. 5 White ____ ------2,880 1, 901 66. 0 ------Negro ______------21, 771 7, 716 35. 4 } 1, 052 Negro _____ ------1,082 5 .004 ------Osceola: Volusia: White______11, 697 9,380 80.2 74,209 56, 655 132 White__ ------___ __ ------_ 76. 3 Negro __------1, 122 454 40. 5 } Negro_-·------11, 615 6,964 51. 3 627 Palm Beach: Wakulla: White ______------119, 342 91, 788 76. 9 2, 120 2,239 105. 6 1, 793 White.------II Negro_------29, 541 8, 516 28.8 } Negro_------753 487 64. 7 Pasco: Walton: 22, 329 18, 456 82. 7 White_ -----_------7,958 7,579 95.2 2,391 942 39.4 } 183 Negro_------1, 086 825 76. 0 10 Pinellas:-:t:~======~======I< Washington: 194, 580 5, 364 5,250 97. 9 White ___ ------255,369 76.2 5, 212 White_ ------Negro __ ------18, 121 7, 933 43.8 } Negro_------1, 021 707 69. 2 Polk: White ______Total: 97, 314 69, 728 71. 7 651 Negro_------19, 224 6, 701 34.9 } White ______------__ ___ 2, 617, 438 1, 899, 433 72. 5 ------Negro ______------470,261 213, 128 45. 3 ------ 11omcial Bureau of Census figures, 1960 census, table 27. a The report of the secretary of state of the State of Florida has a column designated 2 Those registration statistics are taken from a report of the secretary of state of the "Others" which refers to registered voters who are neither Democrats nor Republicans. State of Florida dated Oct. 24, 1963. The statistics related to Oct. 5, 1963. A copy This column is not separated according to race. It is tbe.refore not possible to include of the report of the secretary of state is attached. this group of persons in the percent registered. Mr. HOLLAND. Mr. President, I am For instance, on that date in Duval Mr. DOUGLAS. Mr. President, will sorry that there are not available suffi County-Jacksonville-which is primar the Senator yield? cient copies of the table to circulate, but ily an "Old South" county-- Mr. HOLLAND. I yield. I am furnishing my own copy to the dis Mr. DOUGLAS. Mr. President, if the Mr. DOUGLAS. Is it not true that tinguished Senator from Illinois [Mr. Senator will yield, that is Miami; is it the percentage of Negro registrants is DouaLAS] so that he may follow my not? low in counties where the ratio of Ne statements. Mr. HOLLAND. It is Jacksonville- groes to whites is high? For example, It would appear from this list that, in 52.7 percent of the Negroes shown to be in the case of Gadsden, which county spite of the fact that registration of of qualified age by the 1960 census had we have been discussing, the number of qualified Negro citizens has been as free registered to vote, whereas in Sarasota white persons of voting age was approxi as air in our State for 27 years, out of County, which is decidedly not an "Old mately 11,700, while the number of Ne the 470,261 Negro citizens of voting age South" county, only 29.8 percent had gro registrants was 12,200. in 1960, only 213,128-or 45.3 percent- registered. In Union County, the number of whites had availed themselves of the privilege I cannot explain the difference, and I of voting age was 2,880, and the num of registration up to October 5, 1963, the do not think anybody else can, by any ber of Negroes was virtually 1,100. date covered by the table of statistics rule of logic. Is it not true that the difficulty lies furnished by the Secretary of State. Contrasting again, in Jackson County largely in the counties of northern Flor It is quite apparent, Mr. President, in west Florida-probably about as 100 ida, running across the northern part of that it has taken years to overcome the percent an "Old South" county as we Florida, south of Georgia, which form a inertia which existed in 1937 and that have-66.8 percent of their Negro citi part of the "black belt"? the registration of Negroes in the 67 zens of qualified age had registered; As I understand, the "black belt" starts counties has by no means been uniform. whereas in Manatee County only 32.8 1n Prince Edward County, Va., runs down Registration of Negroes began at once in percent had registered, or less than half the Atlantic seaboard three or four some counties and proceeded at a rapid as many, proportionately, in that fast counties deep in the east, cuts across rate. In others, for unexplained reasons, growing south Florida county. In Hills northern Florida to the Mississippi, and it began slowly and proceeded ever more borough County-Tampa-56.5 percent goes up the Mississippi as far as Cairo slowly. Neither I nor any other person of the Negroes had registered; whereas in my State. It is in those counties, at can give a clear explanation as to why least 200 in number, that -the greatest this nonuniformity occurred, but that it in Palm Beach County only 28.8 percent difficulty arises; and some of that oc did occur and is still present among the had registered. curs in the State of Florida. Is that not several counties, without any indication These figures show clearly the non true? whatever of any obstruction by officials, uniformity of registration of our Negro Mr. HOLLAND. No. It is true that or others, of Negroes in •their efforts to citizens of qualified age and also show there is great difficulty in some of the register, is shown clearly when we con rather clearly that in the "Old South" counties. It is not true that that situa trast the conditions existing as of Octo part of our State there has certainly been tion prevails in my State. ber 5, 1963, . in some of the counties in no obstinate resistance of any kind to If the Senator will look at the table Florida. Negro registration. which I handed him, he will see that in 9860 CONGRESSIONAL RECORD - SENATE May 2 the two counties on two sides of Gads- bered 1,525. The whites who were regis Mr. HQLLAND. Yes. I have already . den County, Leon and Jackson, which tered numbered 1,979. Thirty percent placed them in the RECORD, however . I have already mentioned, and which is more people were registered than lived Mr. DOUGLAS. I know. The figures one of the most "Old South" counties we there in 1960. The Negroes on the other for Union County show 1,082 Negroes of have, the percentage of Negro registrants hand, numbered 240-not a large num voting age in 1960, but only 5, or 0.0-04 is high. It is 66.8 percent in Jackson. ber-but none was registered. So the percent were registered in 1963. Is that That is a large number. difi'erence between 130 percent and zero pure inertia? The Senator has the table in front of percent is very interesting. I do not be Mr. HOLLAND. Yes. Whether pure him; I would appreciate it if the Senator lieve that the Senator from Florida has or not, the Senator from Illinois will have would give us the number of qualified any right to complain about alleged vot to be the judge. voters. ing practices in my own State of Illinois Mr. DOUGLAS. Is the situation due Mr. DOUGLAS. Approximately 14,100 when in one county of his State there entirely to inertia? white and 5,400 Negroes-about 3 to 1. are 30 percent more people registered Mr. HOLLAND. There are woods peo That is a very high registration of than the number of voting age. ple living in Union County. There are Negroes. Mr. HOLLAND. The Senator from Il three counties that would remain on the Mr. HOLLAND. It is 66.8 percent, I linois makes a good case without having list-Union, Liberty, and Lafayette. believe. seen the situation on the ground. He has They are all counties with diminishing Mr. DOUGLAS. Yes. made the same error which our learned populations. They produce principally Mr. HOLLAND. If the Senator will friends on the Civil Rights Commission timber for pulpmills. Their PoPUlation look at the figures for Leon County, and in the Department of Justice have is scattered. In the case of the Negro which is the capital county, and which made. That county is a very small for people, unfortunately it is true that they is not an agricultural county like Gads estry county, with 240 Negroes scattered have not had anything like the educa den and Jackson, he will find a high per over a large area. They live mostly in the tional opportunities of the Negroes in centage of Negro registrants. woods. There are a relatively small other counties of the State. Mr. DOUGLAS. The number of white num•ber of whites. My recollection is I do not find it difficult to understand persons of voting age is approximately 1,500. the reason why these woods workers, liv 28,200, and 12,300 Negroes--71.9 -percent Mr. DOUGLAS. It is 1,525, but about ·ing in tiny cabins hidden in the forests of the whites are registered, and 45.2 per 2,000 were registered. of three counties, would not be particu cent of the colored are registered. Mr. HOLLAND. I was about to state larly interested in registering to vote. All Mr. HOLLAND. If the Senator will the situation there. In the small coun I can say is that if the Senator will add look at the figures for Jefferson County, ties, registration books are permanent up the number of qualified Negroes in which is the only county, other than registration books. Unfortunately, in those three counties, compared with any Gadsden, in our State where there is an several forestry counties-if the Senator three remaining on the list, he will find excess of Negroes over whites, he will will listen to me, because I wish him to the figure to be less than one-third of 1 find a very different picture from Gads have his mind open on this subject-the percent of the Negro population of our den, indicating that there is no pattern registration books are purged in the large State. We have something like over 900,- anybody can follow in this matter. I counties every 2 years. There are special 000 Negroes in Florida. My feeling is do not remember the figures, but I re lists in the county in which I live, for ex that we have done an excellent job in member that in Jefferson County, which ample, where the registration lists are opening the doors of opportunity to their is an agricultural county like Gadsden, purged and brought up to a current basis part in government. My feeling is that there is an excess of the Negro popula every 2 years. In most of the small coun in the main they have accepted it on an tion over the white population, and I _ities this does not happen. Unfortu increasing scale; and I am glad that they remember that many more colored peo nately, in the large forestry counties, the have. I am only sorry that they have not ple are qualified to vote there than is the population has been diminishing for the past 20 to 30 years, and the registration proceeded with equal speed. case in Gadsden County. The figures I have already given the Mr. DOUGLAS. May I read the fig books have not been purged or brought up to date. That accounts for the dis Senator from Illinois indicate, beyond ures? crepancy. Liberty is a very small county, question, that the "Old South" part of Mr. HOLLAND. Yes. depending entirely upon pulpwood, naval our State has been more ready to accept Mr. DOUGLAS. In Jefferson County stores, and lumber, with a very small participation by Negroes than has the the number of white persons of voting population scattered over a large area. new part. I contrast Duval County with age is approximately 2,400 and there are If the Senator is interested, Liberty is Palm Beach and Sarasota. The last two 2,600 Negroes of voting age-95.8 percent one of the few counties in which the counties are composed of nearly all new of the whites are registered and 17 per State fish and game department opens people. They are not lifelong inhabit cent of the Negroes are registered. a season for hunting bear ever year. A ants of our State. My recollection is Mr. HOLLAND. The fact remains good many bear are killed. It is an un that the figures showed only 29.8 percent that there is no obstructionism. They developed county. of qualified Negroes of voting age who are just emerging from the inertia which Mr. DOUGLAS. I would be afraid to had registered. So, if one compares I have already described. Apparently, go down there. I might be mistaken Hillsborough and Palm Beach as I did, they are 2 or 3 years ahead of Gadsden for a bear. you have an interesting comparison; County. If the Senator will look at the Mr. HOLLAND. I assure my distm Palm Beach is largely made up of new north Florida counties, he will find that ,guished friend, the Senator from Illi people. I qo not have to tell the Senator his remarks are much too general. He nois, that he would not be mistaken for about Palm Beach or about that area spoke of counties along the Georgia and a bear. I am sure that he would be generally. Alabama line. His remarks apply, after treated cordially. I believe that he has Mr. DOUGLAS. It is too expensive all, only to Gadsden County, because it already been treated cordially in my for me. so happens that the other counties on State. I know that he has been invited Mr. CASE. The ''nouveau riche." the list of the smallest percentage of to some of our institutions of learning, Mr. HOLLAND. The Senator has been registrants are, in two cases, not border to speak, and I have been told that he a guest there on many occasions. I hope counties. They are the counties of made a wonderful impression on the peo tha't he will continue to be. Hobe Sound Liberty and Lafayette-and Flagler, ple of my State. I hope that he will visit is in Martin County just above Palm which has been stricken off the list, due there again. Perhaps we need education Beach, but a part of that same general to my recent correspondence with the down there. I hope that the distin Gold Coast development. I am glad that Attorney General and the facts which guished Senator will not be so persuasive the Senator from New Jersey [Mr. CASE] have developed in the last 2 or 3 years. as he is on the :floor of the Senate, be is familiar with the attractions and the Mr. DOUGLAS. The Liberty County cause I am afraid some of his policies entrancements offered there. It is a figures are interesting. might not be so acceptable in the State beautiful place to visit. Mr. HOLLAND. There are none, as I of Florida to our conditions as they are However, the point I wish to make is recall. perhaps to his own State. that the number of Negroes in propor Mr. DOUGLAS. It is indicated that Mr. DOUGLAS. May I cite the figures tion to· residents of qualified voting age in 1960 white persons of voting age num- for Union County? who have qualified to vote in Palm Beach 1964 CONGRESSIONAL RECORD - SENATE 9861 is about half that in some of our "Old Mr. CASE. Are there many Negroes Mr. ELLENDER. Mr. President, wili South" counties. in that county? the Senator yield? What the explanation is, I cannot say. Mr. HOLLAND. There are 4,125 Mr. HOLLAND. I yield. That does not indicate that anyone in Negroes of vo~ing age in that county, and Mr. ELLENDER. Mr. President, is it Palm Beach has been trying to obstruct 1,230 of them were registered on the date not a matter, mostly, of supposition? them. Quite to the contrary, it merely covered by this list. No logical pattern The Commission goes into a county and indicates a difference in community ap appears. alleges that there are so many Negroes proach. The point I am trying to get In the case of Palm Beach County, for and so many whites in that county. over to the Senator from Illinois is that example, there is a large agricultural Then, because it· finds only a few Negroes the Civil Rights Commission has been area in that county; but the principal registered, it concludes that the Negroes hopelessly wrong, that the Civil Rights population is in the cities of Palm Beach, are being hampered and interfered with. Division of the Department of Justice has Lake Worth, and Delray Beach. There Mr. HOLLAND. The Senator is cor also been hopelessly wrong, in draw are a great many Negroes in that county. rect. ing their own conclusions that people Of the 29,541 Negroes who are qualified Mr. ELLENDER. Is the Senator fa are being denied the right to register to to register and vote, 8,516 have registered. miliar with the fact that during this week vote because of race, merely because in That is 28.8 percent. Therefore, the the Civil Rights Commission has been some counties the percentage of those Senator will see that that does not apply picketed by Negroes who claim that the qualified to vote is less than in other in that case, and that it does not prove Civil Rights Commission was not doing counties, because in five counties, up to to be the general rule. its duty in not having the voting regis a few years ago, they had not begun to The same is true in various other coun tration examined in Mississippi? qualify at all. Now, according to the fig ties, primarily with respect to urban Mr. HOLLAND. I am sure that is the ures which I have placed in the RECORD, counties. case; but I am speaking about my own nearly 1,500 have qualified in Gadsden The Senator pointed to the fact, which State because I know somet;hing about it. County. CORE has been trying to get I have already stated, that there is no I participated in the successful effort to them to qualify to vote. There now are rule indicated by these :figures. In some eliminate the poll tax in our State. I some 1,500 on the rolls out of more than communities there has been more aggres iparticipated actively in the effort to 12,000 Negroes of qualified age. sive leadership in this regard than in eliminate the poll tax as a prerequisite There has been no disturbance, and others. Apparently in some counties for voting in Federal elections. I was there has been no interference. It has there have been issues which have in delighted to read the statement of the not been possible to interest more of terested Negroes more than in other secretary of state of Texas a few weeks them. I am sorry that that is so. I do counties, and they have qualified in ago to the effect that more than 100,000 not wish my distinguished friend to come larger measure, whereas in other counties people in that State, largely Negroes and to any false conclusion-and it is a false they have not done so. Mexicans, will be qualified to vote for conclusion-that some hindrance or ob There has been a great disparity be Federal offices-Senators, Members of struction has been presented, when the tween Pinellas County and Hillsborough the House of Representatives, and presi State has been vigorous in trying to get County. Hillsborough County lies on dential and vice presidential electors- our qualified Negro citizens to register, one side of the bay, and Pinellas County this year, who would have been banned and when it has been trying to encourage on the other. In Pinellas County the under the State's poll tax requirements, them to qualify and register. percentage is 43 .8 percent. and who cannot vote in State elections. Mr. DOUGLAS. Is it not correct to Mr. ERVIN. Mr. President, will the Mr. DOUGLAS. Does that include Senator yield? state that in the relatively large cities St. Petersburg? a high proportion of the Negroes are reg Mr. HOLLAND. I yield. Mr. HOLLAND. Yes; and Clearwater. Mr. ERVIN. Does not the Senator istered because the white light of public In our list 2 years ago, my recollection ity beats upon the situation, whereas in from Florida agree with the Senator is, the percentage was 30-percent regis from North Carolina that a great many the thinly settled agricultural counties, tered. In Hillsborough County, which where a relatively large proportion of the people in the South, as well as in other is across the bay, and includes Tampa, areas of the country, are apathetic with population consists of Negroes, the per but not exclusively Tampa, because Plant centage of Negroes who are registered is respect to registering and voting? City is in that county also, and there are Mr. HOLLAND. I agree. The list, relatively small? I notice that in Dade numerous agricultural areas there too, County, which includes Miami, 51 percent which I have shown to the Senator from 56.5 percent of the Negroes have regis Illinois, shows that in the case of Florida of the Negroes are registered. In Duval tered. County, which includes Jacksonville, the many people do not qualify as quickly There is no rhyme or reason or pat as they would if they had been a resi percentage is 52.7. In Hillsborough tern which can explain this situation. I does that include Tampa? dent in the State for a longer period of have already referred to the forestry time. Only 72.5 percent of our total Mr. HOLLAND. Yes. counties, which have greatly diminished white population of 2,617,000, qualified It Mr. DOUGLAS. is 56.5 percent. populations. The population in those by age to register, have registered. I re In other words, in cities more than counties has greatly diminished from the gret that fact. It is explained largely by half of the qualified Negro voters are reg 1930, 1940, and 1950· censuses. the peculiar situation in our State, in istered, whereas in isolated rural coun Mr. ERVIN. Mr. President, will the which we have so many new people. Our ties, where pressures--legal, social, eco Senator yield? State was 27th in population when I nomic, and physical--can operate, a rela Mr. HOLLAND. I yield. served as its Governor, from 1941to1945. tively small percentage of Negroes is Mr. ERVIN. Will the Senator from It is ninth now. registered. Florida accept the assurance of the Sen The new residents do not become in This is characteristic in the South, as ator from North Carolina that one terested in their local government or a whole. A large percentage of Negroes county which has been paraded before State government or display their in is registered in Atlanta, and a relatively the country as a county which practices terest in the Federal Government as small percentage in the "black belt"; a the greatest discrimination in voting quickly while they are getting settled large percentage in Memphis, and a small and acclimated to the State which they percentage in the farming counties of rights against Negroes is Graham County in North Carolina, and that Graham have chosen. west Tennessee. Mr. ERVIN. Mr. President, will the I believe that to be the general rule. County does not have a single Negro of voting age residing in it? Will the Sen Senator yield? Mr. HOLLAND. There is some evi Mr. HOLLAND. I will yield in a mo dence that that is the rule in some cases; ator accept my assurance that that is the fact? ment. The point the Senator made was yet there are cases to the contrary. I true, because it shows that 27 .5 percent referred to . Sarasota County, which is Mr. HOLLAND. I accept the Sena of the qualified white people in Florida a small county. It is a very thriving and tor's word for that. I am particularly had not registered, as shown by the prosperous county. The city takes up a glad that he has made that statement. statement of the secretary of state of large part of the county. In that county, Perhaps that explains the reason why Florida dated October 5, 1963. Now I the percentage of Negro citizens who the Civil Rights Commission f 9und fault yield to the Senator from North Car<>' have registered to vote is 29.8 percent. with it. llna.. 9862 CONGRESSIONAL RECORD - SENATE May 2 Mr. ERVIN. Does not the Senator in agitation of one kind or another to vented from voting because of their race, from Florida agree with the Senator get the electoral vote of the State of New was not correct in its application to the from North Carolina that in most of the York in 1960, and to encourage as many five Florida counties I have mentioned, rural counties in the Southern States, people in the State of New York to vote and certainly was not correct with ref especially in the Deep Southern States, as was humanly possible? erence to the counties as to which I have normally only one political party has Mr. HOLLAND. I am sure that was shown facts that have been developed candidates in the field? done. and as shown by the latest records on Mr. HOLLAND. That is correct. Mr. ERVIN. Can the Senator from this subject. Mr. ERVIN. Does not the Senator Florida explain why approximately 30 In the case of two of the five counties from Florida agree with the Senator percent of the people of the great en listed by the Civil Rights Commission from North Carolina that any politician lightened State of New York failed to and by the Department of Justice as who has no opposition for the office for vote either for or against the Republican denying registration rights to Negro citi which he is running will not spend much or Democratic candidates for President zens-Flagler and Gadsden-it is clearly time, money, or energy in trying to haul and Vice President? apparent by the facts which I have shown people to the polls to vote, when he does Mr. HOLLAND. I cannot explain that these statements were untrue and not need to do so? that, but I am sure there is no racial were made upon insufficient evidence or Mr. HOLLAND. That is correct. answer for it. It was merely a matter of no evidence at all. Mr. ERVIN. Would not the Senator apathy on the part of too many people. That is what I am complaining about. agree that in 1960 the Democratic can That apathy prevails, to an even greater These two official agencies have made didate for President of the United States degree, regardless of race. Too many far-reaching statements without having and the Republican candidate for Vice people have become accustomed not to evidence, without having made a check President of the United States were both participating in government. It ex that they were authorized to make, and residents of the State of Massachusetts, plains in large part the slow progress without having a factual background for where no southerners were in charge of that has been made, at least in my State. the unfair and untrue conclusions which the election machinery? At this time I invite the attention of they have stated. The statements were Mr. HOLLAND. The Senator from the Senator from Illinois-because it made without the realimtion on the part Florida would agree with that statement. brings up to date the list he has been ot the Federal officials involved that the Mr. ERVIN. I ask the Senator from . looking at-to a telegram I received yes acceptance by Negro citizens of their op Florida if he believes that any discrim terday from the secretary of state of portunity and responsibility to register ination in Massachusetts was respon Florida, showing an increase in registra and vote is different in various parts sible for the 25 and 30 percent of its tion in my State. I think I have men of the State for reasons which cannot be citizens not taking the trouble to vote tioned it, but perhaps I have not. I shall explained. Perhaps the leadership of the either for or against the Democratic read the telegram: Negroes has been more aggressive in some candidate for President or for or against TALLAHASSEE, FLA., places than in others. Perhaps the co the Republican candidate for Vice Presi May 1, 1964. operation of the white people has been dent in 1960. Hon. SPESSARD L. HOLLAND, Senate Office Building, more helpful in some places than in Mr. HOLLAND. The Senator from Washington, D.C.: others. Perhaps the level of intelligence Florida regrets that such was the case, Total number white registered voters of the Negro citizens in some places has but that is a part of the apathy which 1,958,499. Total number of colored registered been much higher than it has in others. prevails in too many quarters of our voters 246,616. These are the figures com Lack of education is probably the rea Nation in governmental matters, and piled when the books closed April 4, 1964, for son for the slow acceptance of registra which has laid hold of too many of our the May primaries to be held in Florida. tion in the three small counties of Union, citizens. I regret it; I know the Senator TOM ADAMS, Lafayette, and Liberty, which remain on from North Carolina regrets it; I know Secretary of State. the list of five counties after seeing the the Senator from Illinois EMr. DOUGLAS] The primaries will take place next clear facts with reference to Flagler and and the Senator from New Jersey EMr. Tuesday. Under Florida law, the books Gadsden Counties. CASE], regret it. Today, neither white close, as I recall, 4 weeks before the pri It happens that all three of these nor colored show the passionate interest mary election. This is a repart from the counties are small counties in which the in casting their votes to express their official charged by law with the duty of principal economy has to do with views concerning the kind of government compiling such figures and keeping such forestry, naval stores, lumber and allied they want that we used to see in days records. industries and where the population is long ago. I regret that. I am sure we The list at which the Senator from small and widely scattered. For instance, all regret it. I am sure all of us want to Illinois and I were looking a few min in Union County, the list furnished by do everything we can to repair that sit utes ago showed that 227 ,000 Negroes the secretary of state of Florida as of uation. were registered to vote as of last year. October 5, 1963, shows a total Negro Mr. ERVIN. Does not the Senator That number has now risen to 240,616. I population of voting age of only 1,082; from Florida recall that in 1960 the Re am not trying to break that down among in Lafayette County of only 152; and publican candidate for President of the counties. I do not know where the in Liberty County 240-for a total adult United States, Richard M. Nixon, was a crease is greater. I do not have that in Negro papulation in these three counties resident of the State of California, as well formation. of only 1,474, whose average education as being a native son of that State? But I do. have the figure for Gadsden and intelligence are probably well below Mr. HOLLAND. I remember that County, and have placed it in the RECORD. those of the adult Negroes in most other well. It shows an increase from 373 to 1,425. counties in the State. Mr. ERVIN. Can the Senator from I have also placed in the RECORD fig At any rate, this blast at my State, Florida give an explanation as to why ures that show an increase in Negro regis which has been one of the foremost 30 percent of the people of the great State tration in Flagler County which was suffi Southern States to knock out all handi of California did not take the trouble cient for the Assistant Attorney General caps for Negro participation in voting, to vote in that election either for or to state that the case should not have boils down to the claim that in these against Richard M. Nixon? been made against Flagler County and three counties where no surveys have Mr. HOLLAND. I cannot explain it; that he was withdrawing his statement been made or facts compiled, they are ac but I regret that fact, not only for Cali against Flagler. cused of having denied to their Negro fornia, but for the whole Nation, because Mr. DOUGLAS. May we keep the citizens their right to vote "solely because the tendency prevails in too many parts record clear? Was not the statement of of their race." Under the 1963 compila of the Nation. the Civil Rights Commission or the At tion, these Negroes comprise less than Mr. ERVIN. Does not the Senator torney General correct as of the dates one-third of 1 percent of the total adult from Florida know that because it had designated? Negro population of Florida; and, as al the largest electoral vote of any State in Mr. HOLLAND. No; it was not cor ready stated, they probably contain the Union all the political parties made rect in its conclusion. It may have been many of the most disadvantaged Negro an especially strong effort in expending correct ll\ its figures, but its conclusion, citizens among our total population of money, in purchasing advertising, and which showed that people had been pre- around 900 ._000 Negroes. It is completely 1964 CONGRESSIONAL RECORD - SENATE 9863 unfair and unjust to have supposedly the speech intended to be made by the fans. It is always evident that the type reputable agencies of the Federal Gov- Senator from Louisiana [Mr. ELLENDER] of :flagrant conduct which leads to the ernment make unsupported charges of will deal with that subject, I ask unani judge's saying, ''I find you in contempt this kind; and many citizens of my State mous consent that I may be allowed to of court" or some similar exhortation, deeply resent the fact that such unsup- yield the floor at this time, and to resume would threaten the very existence of the ported charges have been made. my speech on title V when that particu- court and judicial system if allowed to For the record, Mr. President, I call lar subject is before the Senate. proceed unchecked. To overcome the attention again to the fact that Florida The PRESIDING OFFICER. Is there effects of this type of action, the court terminated the poll-tax requirement for objection? The Chair hears none, and it must move swiftly and its punishment all voting in 1937, 27 years ago, and has is so ordered. must be certain. The malconduct must had no literacy test, grandfather clause, AMENDMENTS 563, 564, AND 565 be corrected the instant it occurs if the or any other preferential provision as to Mr. HOLLAND. Mr. President, be- dignity and integrity of the court is to white citizens, as compared with Negroes, . cause the remainder of my speech deals be maintained. in these 27 years. Both Florida Senators with subject matters which I wish to The second form of contempt of court strongly supported the 24th amendment have before the Senate, and because I can mean the misconduct of an officer of to the Constitution to ban the poll-tax have already discussed the subject mat the court in failing to carry out court requirement in all Federal elections; and ter with the senator from Minnesota orders. This form of contempt can be our State legislature ratified that amend- CMr. HUMPHREY], I now send forward considered as administrative punishment ment by the vote of 105 to 3 in the house three amendments which relate to title to maintain discipline among the court's and 36 to 6 in the senate. But still these v of the bill. The senator from Minne attaches. It is beyond argument that two agencies of the Federal Government sota is having this subject carefully the court must have immediate and com have adopted the punitive and unfair studied, just as I have had it studied; plete obedience from its marshals, clerks, policy which I have mentioned in some and these amendments deal with cer and other employees. In this instance, detail, and which makes it very clear that tain questions which at present are left corrective action must be swiftly taken they proceed as zealots, always ready to indefinite by the existing wording of that if the court is to maintain its prestige suspect the worst when any showing is title of the bill. and efficiency and the respect of the made, unwilling to delve into situations 1 ask unanimous consent that the people. so as to discover what the real facts are, amendments be received and printed at A third category of contempt of court and completely willing to ft.le reports and this time, be considered as having been is known as "civil contempt." A civil make charges and statements which show read, and lie on the table. contempt proceeding is a method of ob very slight comprehension of the facts, The PRESIDING OFFICER. The taining compliance with an injunction and are shown clearly to be unfair, in- amendments will be received and print or mandate issued by a court of equity. I temperate, prejudicial, and beneath the ed, and will be considered as having been shall return to the question of civil con dignity of any investigational or law-en- read, and will lie on the table. tempt in a moment in order to show the forcement agency of the Federal Gov- Mr. HOLLAND'S amendments are as fol- great and important differences between ernment. lows: it and criminal contempt. Mr. President, the situation which I AMENDMENT No. 563 Criminal contempt makes up the have discussed at some length presents on page 19, beginning with line 1, strike fourth category of contempt of court, one of the strong reasons why I am un- out all through line 17 on page 25 (title V). and is applied by the court as punish willing to continue the Civil Rights Com- Renumber the succeeding titles and sec ment for willful disobedience of an in mission as it is now set up and staffed tions of the bill, and cross references thereto, junction or mandate of a court of equity. and why I feel that it is manifestly not in accordingly. The crux of this matter and the essen the interests of peaceful solution of our AMENDMENT No. 564 tial difference between civil and crimi racial difficulties to have the Commission on page 24, between lines 11 and 12, insert nal contempt is to be found in the word continued in its demonstrated prejudiced the following material in double quotes: "punishment." and unfair course of action. "(c) The Commission shall cease to exist Both of these proceedings can be di Particularly do I object to recommen- upon the submission of its final report and rected against a person who has been told dation 3 of the Civil Rights Commission, recommendations." by the court to do an act or to refrain which, by its reference to action by Con- AMENDMENT No. 565 from doing an act, and in both of them gress to "assure the attainment of uni- On page 24, between lines 11 and 12, insert the only question open for a decision in form suffrage qualifications," shows that the following material in double quotes: such proceeding is: "Has the mandate it has little understanding of, and gives "(c) Sixty days after the submission of its or injunction of the court been obeyed?" less consideration to, the provisions of final report and recommendations the Com But-and this is an important dif section 2 of the 14th amendment, to mission shall cease to exist." ference between the two, Mr. President- which it refers, or to the provisions of TRIAL BY JURY if a civil injunction or mandate has not section 2 of article I of the original Con- Mr. ELLENDER. Mr. President, much been obeyed, the reason or motive for stitution, under which the subject of suf- of the difficulty in making clear the in the disobedience is of no account. This frage qualifications for the election of tent and scope of the pending amend is reflected in the fact that, while in a Members of the House of Representa- ment was set out by · Senator Joseph proceeding for civil contempt the court tives is left to the States by the provi- O'Mahoney, of Wyoming, when he sub may impose imprisonment and a fine sion that: mitted a similar amendment to the Civil upon one found in contempt, such im The House of Representatives shall be com- Rights Act of 1957. In his presentation prisonment or :flne is not given by way posed of Members chosen every second year Senator O'Mahoney pointed out that the of punishment. It is a coercive action by the people of the several States, and the term "contempt of court" does not have designed only to compel compliance and .electors in each State shall have the qualifi- a single definite meaning. It is a term the contempt factor disappears once cations requisite for electors of the most nu- used in Federal jurisprudence to cover compliance is obtained. merous branch of the State legislature. four completely different situations. In other words, the accused in a civil I am strongly opposed to extension of Each of these situations poses its own contempt proceeding retains at all times the life of the Civil Rights Commission, problem and requires its own solution. the key to his release from prison and to because of some of its recommendations In its most publicized or accepted the lifting of his :flne. Even after sen on other subjects which are included meaning, contempt of court has refer tence has been imposed and is in effect, within its 1963 report. ence to unbecoming conduct in the if the accused complies or gives his as Mr. President, because of the lateness courtroom or so near thereto as to surance of compliance to the court, his of the hour, and also because of the fact amount to an obstruction of the admin contempt is purged. His fine is lifted, that Senators were so kind as to be will- istration of justice. This is the contempt and if imprisoned, he must be released. ing to waive the requirement of germane- of court that the public is aware of Since in cases of civil contempt the free ness in connection with my speech to- through the TV presentation of. Perry dom of the accused depends upon the ac day, because it deals with title V and the Mason. There is no doubt that this form tion of the accused, the need for a jury objections thereto, although title Vis not of contempt is well understood, appre trial to safeguard his rights may not be· the pending question, and inasmuch as elated, and agreed with by America's TV necessary. 9864 CONGRESSIONAL RECORD - SENATE May 2 But this differs radically from the the history of jury trial in our system of by resolution. Of course, the most fa fourth category of contempt known as criminal law goes back to the fields of mous and impartant case of this sort oc criminal contempt, which, as I said, is Runnymede, when the English barons curred in 1670 with a juror named a proceeding to punish someone for will wrested the Magna Carta from the des Bushell, one of the men who had been fully disobeying a court order. This is potic King John in 1215. This is only fined and imprisoned for acquitting Wil completely different from a proceeding partly true, at best, as it stands alone. liam Penn on the charge of taking part in civil contempt. Its purpose is not to The institution of trial by jury goes back in an unlawful assembly. In this mem compel compliance with a court order or at least to ancient Greece where it will orable case, Chief Justice Vaughan or to obtain for the plaintiff the benefits be recalled that a jury of 400 filled the dered Bushell's discharge from custody prescribed by the court through mandate cup of Socrates with hemlock. The in and handed down an opinion which or injunction. A criminal contempt pro stitution was well known to the Romans ended the fining of jurors for their ver ceeding may be invoked even though full who brought it westward to the Normans dicts and "vindicated their character as compliance has been obtained before the in France and ultimately to the Britons. judges of fact." - trial. Its purpose is supposedly a public The tribunals of ancient Germany It is generally considered that the An purpose, dating back to the English showed the early development of the jury glo-Saxons' criminal or trial jury grew Crown, to vindicate the dignity of the system and while the institutions of the out of the accusatory tribunal, which court-or the Crown-which has been emerging Britons, coupled with the sys was first found to be present during the :flouted by the defendant. Criminal con tem developed by the Saxons and Anglo term of the Saxon King Ethelred m, who tempt need not be brought against a Saxons, show some concern with various ordained: named individual, as I shall point out forms of jury trial, many scholars say Let an assembly be held in every (town in a moment, but can be brought against that this most important principle of ship) and the XII senior thanes go out • • • unnamed persons who may aid, counsel, jurisprudence did not take real root in and swear on the rellc that is given them in abet, or conspire to disobey the order. the British Isles until after the advent of hand that they will accuse no innocent man And here is perhaps the most impor William the Conqueror in 1066. But, as nor conceal any crime. tant point, Mr. President. In a pro the identity of those to be credited as the There is little to be found in history ceeding for criminal contempt, the de true purveyors of the institution of trial concerning the introduction to the trial termining issue is the state of mind or by jury is lost in history, it can be truly of criminal cases of two juries. As one the intent of the defendant in the pro said, as M. A. Lesser does in his volume, legal historian has said, "While it is un ceeding. I said as much earlier when I "History of the Jury System,'' that- doubtedly one of the most important, yet used the word "willfully" as a necessary The jury trial is a matter of growth, the re it is certainly one of the most obscure part of the criminal contempt definition. sult of the needs of the community in which When we speak of something being will it originated; and an institution which "does and inexplicable points of the law of ful, we are looking more at a man's mo not owe its existence to any positive law; it England." A German legal historian is not the creature of an act of parliament quoted by Lesser in his "History of the tives than at his actions. establishing the form and defining the func Jury System," says: This issue of motivation or intent or tions of the new tribunal. It arose ~ * * The criminal jury-1.e., the body deciding willfulness is one which our system of law silent ly and gradually out of the usages of a the question of guilt or innocence of an regards as being necessary for a jury to state of society which has forever passed accused-"consisted originally doubtless of determine. And the purpose of the away." the same persons who formed the accusing criminal contempt proceeding is punish In any event, and whether rightly or (now termed the grand) jury. Later, how ment, which is even more important. wrongly, Anglo-Saxons have long looked ever, a jury was specially summoned and im Punishment is an element and end of on the institution of the jury trial as an paneled for rendering a verdict, and the the criminal law. While a criminal con custom arose to reject for this purpose all Anglo-Saxon development and our writ persons who had already omciated as mem tempt proceeding may not be accepted as ers have taken pride in pointing out that bers of the accusing jury in the case--which a true criminal proceeding, at the very wherever the Anglo-Saxons have mi principle of rejection received (in 1352) leg least it is quasi-criminal in nature. The grated, they have carried With them and islative confirmation under Edward III." act which constitutes the criminal con implanted the freeman's institution of tempt may be in fact a crime under During this early period this assembly trial by jury. - of 12 was to act the part of public prose either Federal or State law, or both. In In the course of researching this ques Federal cases, the spirit, if not the letter tion, I ran across several unusual features cutors, and the accused had to clear of our Constitution, requires a jury trial of trial proceedings as developed over the himself by the usual method of compur in these circumstances. years. For instance, in the early days of gation or else had to submit to trial by As the late and learned Senator from English law the judges themselves, as ordeal. By compurgation is meant that Wyoming said in 1957, and I quote: the accused had to find public witnesses well as the accused, were punishable for to swear before the court as to the char Providing a jury trial for criminal contempt errors in law. This feature was a modi acter and innocence of the accused. will in no way hinder the court from using fied survival of the old Saxon practice of every available means to effect compliance. requiring judges to defend their judg There slowly evolved over the years the It wlll only mean that the court may not ment by duel. This practice was in vogue recognition that the trial of an accused punish until a jury of the defendant's peers in the early 1200's where many references person by a grand jury, that is to say. have adjudged him deserving of punishment. are found to judges' erring, making a by the jury making the accusation, was I continue: false judgment, and there.fore being pun seriously lacking in objectivity, but this system was no doubt far superior to the From our studies and discussions we have ished. To my mind, and in the present become convinced that the principles we circumstances, this system had much to trial by ordeal, which was common dur have been discussing are not limited in their recommend it. ing the last quarter of the 12th and in the application to criminal contempts in pro And, of course, it is well known that it first quarter of the 13th century. The ceedings which may arise under the provi was once the practice to fine an impris abolition of trial by ordeal was accom sions of the bill now being considered. They oned jury if they handed down evictions plished in 1215, the year of Magna are principles of universal application, and or acquittals thought to be perversed Carta. And because of the great should govern all criminal contempt pro~ difficulty of securing perfect justice by ceedings in equity. by the court. As late as 1666 an English judge fined a jury 5 pounds each for the grand jury method I have just re As we all know, the Senate voted over bringing in a verdict of manslaughter f erred to, a second or trial jury was de whelming in favor of the O'Mahoney when he had directed them to find mur veloped to pass on the actual guilt or in amendment to the 1957 Civil Rights Act. der. A year later the same judge went nocence of the accused. But in conference it was seriously weak to the extreme of fining 11 grand jurors It was during the reign of King John ened-an action which I strenuously ob the equivalent of $200 each for refusing that we first begin to trace the use of jected to at that time. I did not see to bring an indictment for murder. The criminal juries to pass on the actual guilt then, and do not see now, how the Con defendant in this last case brought the or innocence of persons accused of crime. gress could in effect attach a price tag question before the House of Commons, At first it seemed to have been procured to the basic right of trial by jury. which, after hearing the Chief Justice, by the accused as a special favor from Now, Mr. President, I have often heard in his own defense, condemned the find the Crown. A fine or some gift of con tt said on the :floor of the Senate that ing and imprisonment of Jurors as illegal sideration was paid in order to purchase 1964 CONGRESSIONAL RECORD - SENATE 9865 the privilege of a trial by jury. Thus and the danger inherent in allowing one prayers were said for the condemned we see, Mr. President, that even in the judge, or group of judges, too much woman: dawn of Anglo-Saxon jurisprudence, power to mete out criminal punishments. She was a witch, and she must die. In a trial by jury was much sought after, at The beginnings of these witch trials, shallow hole among the rocks, her poor body least by persons who could afford to which history shows stretched over a was thrown like so much offal. pay the price. period of about a year, seem to have But the countryside was still plagued Its many advantages to the public at been begun by a Salem minister, edu by witches, and the trials continued. On large were well recognized, and English cated at Harvard, and a former West In July 19, five women were executed at the men were quick to insure that the jury dies trader. Salem had had trouble same time. One of the victims, Rebecca trial should not remain listed as a priv keeping preachers, principally because Nurse, had been found not guilty by the ilege of the rich. Article 36 of Magna of a feud between the leading families jury. Justice William Stoughton, how Carta declared that such writs of trial of the town and the church. When ever, reversed the verdict and the Gover by jury "shall no longer be sold but be Samuel Parris took over the church, he nor refused to grant a reprieve. of right." By the end of the 13th cen evidently decided to take local minds off On August 6, 1692, six more were tried tury the trial by jury in criminal cases petty affairs, and turn them to witch for witchcraft and by the night of Au had become usual and many historical craft. gust 19 all were dead except one. A Mrs. references are found as to the form of His was not the first such action. Ap Proctor had her sentence remanded be the proceedings. parently the first trials for witchcraft cause she pleaded pregnancy. From these records we gain many in New England took place in Connecti Among the group was a Rev. George glimpses of early justice and its evils. cut, where in 1647 a citizen was hanged Burroughs. After the execution, his body It goes without saying, of course, that for "infernal practices." In Boston, a "was cut down and dragged by the halter the evidences of these evils gave rise to washerwoman was executed in 1688. to a hole among the rocks. His shirt much of the body of law that we have Cotton Mather, the eminent New and breeches were pulled off and replaced today. Included in this is necessarily England preacher, had published his by an old pair of trousers belonging to a great deal of our Constitution. "Memorable Providences" which stated: another one of the victims. In the grave For instance, the fifth amendment Go tell mankind that there are devils and all the bodies were thrown and all so prohibition against self-incrimination is witches; and that though these nightbirds hastily covered that one of Burrough's at least partially rooted in the following least appear where the daylight of gospel circumstances: In 1217, the Statute of comes, yet New England has had examples hands, his chin, and a foot of one of the Westminister provided that "notorious of their existence and operation. others showed through the soil." felons who will not put themselves on No compassion or respect was dared in Later, Mather told of a "horrible plot these deaths. The delusion had become inquest for felonies shall be put in strong against the country by witchcraft which, and hard imprisonment as refusing the a mass frenzy. if it were not seasonably discovered, On September 6, six more were tried common law of the land." would probably blow up and pull down In other words, the felon might refuse and sentenced to death; on the 17th, nine all the churches in the country." others were condemned with them. But to be tried by jury or would decline to Interest was quickly generated in Par plead guilty or innocent. This was on the 15th, only nine were executed. ris' undertaking. Prompted by testi But for the fact that a citizen, Giles known as standing .mute to the charge, mony of several Salem children-one of but the penalty of imprisonment was one Cory, refused to plead, there might have whom was Parris' daughter-the search been 10. His wife was one of those of the least vindictive of those employed for witches began in earnest. against persons who did not choose to hanged. Beggars, old women, even prominent Giles Corey had not escaped, however- incriminate themselves. citizens were denounced. Petty enmi Another penalty is as follows: ties began to have diabolic aftermaths. According to Mr. Winmar- That the prisoner be remanded to the Dying cattle, perishing harvests, physical 6 days before his wife came to trial, he had prison from whence he came; and put in a ills were charged to the presence of near been subjected to the piene forte et dure low, dark chamber; and there be laid on provided by English law for those who re his back, on the bare floor, naked, unless by witches. Ancient · grudges revived, and happenings of 10, 20, and 30 years fused to plead. Blackstone is explicit on the where decency forbids; ~hat there be placed method of procedure. The victim must be upon his body as great a weight of iron back were recalled with new and dire brought to a dark chamber of the prison "and as he could bear, and more; that he have significance. there be laid on his back on the bare floor no sustenance, save (on alternate days) • • • The jails overflowed with prisoners, naked." The law further provides that "there three morsels of the worst bread, and • • • awaiting the arrival of the new Governor be placed upon his body as great a weight three draughts of standing water • • •; and of Massachusetts, William Phips, from as he could bear, and more, that he hath in this situation remain "till he died or till no sustenance, save only on the first day he answered." This penalty was to be im England. Salem prison was filled; cart loads of the accused were sent to neigh three draughts of standing water• • •." The posed "without any distinction of sex or treatment continues until the sufferer either degree." boring jails in Ipswich and Boston. Es sex county was divided into three par pleads or dies. These barbaric practices were endured Corey did not yield. As he was dying and ties-the accused, the accusers, an<:I the his tongue protruded from his mouth, the by many prisoners, often innocent, but judges. who were apprehensive of a miscarriage sheriff forced it in with his cane. Robert Finally the Governor arrived, and ad Calef in his "More Wonders of the Invisible of justice. In view of the fact that one vised by Cotton Mather and his father, World," gives the date of Corey's death as not formerly adjudged guilty did not Increase, a commission was appointed. September 16. It had taken the victim 3 days forfeit his lands to the crown, many per to die. sons chose this way of death to provide Among those named to this board was a for their heirs. Senators will recall that "Major Nathaniel Saltonstall"-by the The situation grew worse instead of instances of this exact practice were re way, Nathaniel Saltonstall was a rela better. Although 20 had paid with their corded during the Salem witchcraft trials tive of our own distinguished Senator lives and there were still about 150 wait in our own early history. from Massachusetts, Mr. LEVERETT SAL ing in prison for trial, with some 200 Since these trials are relevant to our TONSTALL-who resigned after the first others suspected, more and more citizens discussion, not only because they show session because he did not agree with were being arrested. John Alden, an the need for the fifth amendment as it the way the proceedings were being con Indian fighter, naval commander, and a grew out of English history, but also be ducted. son of the famous John and Priscilla, cause those trials were conducted under The first case came to trial on June 2, had already been examined in Salem conditions very similar to the outrageous 1692. and committed to Boston prison. Philip star chamber, I should like to mention Bridget Bishop was accused of witch English, the wealthiest shipowner of Sa a few of their aspects. It will be re craft. Indictments were read, testimony lem, had been charged. His property called that those witchcraft trials, as taken, and Bridget Bishop was con had been confiscated. They escaped well as the perfidious star chamber as demned to death by hanging. death only by fleeing to New York-of all it came to be conducted, indicate very From Francis Winmar's "Puritan places. clearly both the need for an everlasting City," we learn that the whole town Mr. CASE. Mr. President, will the protection of the right of trial by jury, turned out to see the execution. No Senator yield? CX--620 986·6 CONGRESSIONAL RECORD - SENATE May 2 Mr. ELLENDER. I yield. together again, and became apparently But there is no question that it far Mr. CASE. The Senator's comment, a single body. How prevalent this an outweighed the earlier methods of ascer I am sure, will be excised, because it is cient practice was in New England was taining guilt or innocence in the accused, probably a violation of the rule of the uncertain, but babies were passed especially the trial by ordeal. The same Senate which prohibits derogatory ref through this tree for that purpose for a volume also includes a section on this erence to a State. long time, the last child being Henry form of trial, which I should like to read: Mr. ELLENDER. I did not mean any Safford, who was born in 1793 at 69 Bos Where the compurgators coincided in a derogation. It is a fact. The truth ton Street, in Salem. favorable declaration, there was a complete may hurt, but it is a fact. The probable I remind Senators that this was in our acquittal. But if the accused was unable to reason why the culprit did not go to own country, in Massachusetts, in Bos present a sufficient number of these purgers; New Jersey was that New Jersey prac ton, near where the great Harvard Uni or, "if the party had been before accused of versity now stands. larceny or perjury, or had otherwise been ticed the same thing. I believe New rendered infamous and was thought not Jersey had the first hanging of a witch. The practice of punishing for stand worthy of oredit--he was driven to make out Mr. CASE. The Senator from New ing mute was done away with in England his innocence by an appeal to heaven, in the Jersey always listens attentively to the in 1772. But, in its place it was provided trial by ordeal," which was practiced either remarks of the Senator from Louisiana, that all who refused to answer to the by the boiling water or the red-hot iron; the but he will do so particularly to the Sen offense charged would be held convicted former being supplied to the common peo ator's instruction on the history of New as if by verdict or confession and should ple, while the latter was reserved for the nobility. The nature of this institution is Jersey. be punished accordingly. so curious and interesting, and its pecu Mr. ELLENDER. At last the wife of Thus, Mr. President, we know that liarities throw so much light on the char Governor Phips was accused, and a pop the advent of the jury trial itself did not acter Of that age, as to warrant a fuller ular reaction began to set in. Before the do a great deal to assure the accused consideration of this primitive predecessor end of October 1692, the Governor had justice, for in the early days it was just and sometime competitor Of our criminal dismissed the court. as subject to political pressures as it is jury. But later, with the Governor's permis now. I will indicate this by reading a If the accused was sentenced to undergo sion, a special court was seated in Salem. short passage from Lesser's "History of the ordeal by hot water, "he was to pwt his the Jury System": head into it or his whole arm, according to Increase Mather was ex officio super the degree of the offense: if it was by cold visor, anci the court was reminded that According to Hargrave anciently, and water, his thumbs were tied to his toes, and it was possible for the Devil to carry out especially in the reign of Henry VIII-Car in this posture he was thrown into it. If his work in the shape of an innocent lyle's "Hateful Harry"-when the influence of he escaped unhurt by the boiling water person. the Crown was at its zenith, "to be accused of (which might easily be contrived by the art Fifty-two persons were tried by this a crime against the state and to be con of the priests) , or if he sunk in the cold special court. Only three were con victed, were almost the same thing." water, which would certainly happen, he was A conspicuous exception to this rule was declared innocent. If he was hurt by the demned. But the people cried out the case of Sir Nicholas Throckmorton tried boiling water or swum in the cold, he was against this, asking that the three be re in 1554 for high treason, and who conducted considered as guilty." leased. The chief magistrate, however, his own defense with consummate skill, en Where a noble was called upon to subject signed a warrant for a quick execution. ergy, and presence of mind; for the common himself to the ordeal by the hot iron, the Governor Phips ordered a warrant for law right of a party to appear by counsel did hand of the accused-to quote the same au their reprieve. This, for all purposes, originally not extend to treason or felony thority-"was first sprinkled with holy water; on the singular assumption that the judges then taking the iron in his hand he walked ended the Salem witchcraft trials of (the creatures of the Crown) would amply 1692. Twenty persons had been exe 9 feet. The method of taking his steps was advise and protect the prisoner, and the particularly and curiously appointed. At the cuted in less than a year. curious reasoning that if he were guilty he end of the stated distance he threw down Of the many ministers and scholars of ought not, and if innocent need not, have the iron and hastened to the altar; then his New England, none raised his voice to professional advice. hand was bound up for 3 days, at the end condemn the past actions of the special As a matter of fact, in this case, as was the of which time it was to be opened, and from courts. There was one man, however, rule in those days, court and prosecution the appearance of any hurt or not he was combined to contrive the conviction of the declared, in the former oo.se, guilty, and in who protested in writing. Robert Calef, prisoner "by persuasions, enforcements, an English-born merchant, answered the latter, acquitted." presumptions, applying, implying, inferring, Another instance may be quoted from the Cotton Mather's "Memorable Provi conjecturing, deducing of arguments, wrest history of Hume. "When any controversy dences" in 1700. Yet it had to be pub ing and exceeding the law, the circumstances, about a fact became too intricate for those lished in England. There was not an the depositions and confessions." ignorant judges to unravel, they had recourse American willing to make the print. But the jury was made of sterner stuff to fortune; their methods of consulting this Mather rose up and cried for vengeance, than usual, and after deliberating 2 hours, oracle were various. One of them was the but later satisfied himself with burning acquitted the prisoner. Bromley, Lord Chief decision by the cross. • • • When a person Justice, then descended to the level of re was accused of any crime, he first cleared the book on the grounds of Harvard monstrating with them, but in vain; and College. himself by his oath, and he was attended by (whereas Griffin, Attorney General, had 11 compurgators. He next took two pieces New England tried to wipe out the blot. asked that each juror be bound in the sum of wood, one of which was marked with the Days of humiliation and prayer were of £500 "to answer to such matters as they sign of the cross, and, wrapping both up in held; the records o;f the trials were shall be charged with in the Queen's behalf") wool, he placed them on the altar or on some secretly destroyed. In 1703 the general the court went to the extreme of emphasiz celebrated relic. After some prayers for the court voted indemnities to the heirs of all ing its dissatisfaction with the verdict by success of the experiment, a priest, or in committing the jury to prison. his stead some inexperienced youth, took up those executed and condemned. Finally "eight of them (four havi~g sub From volume III of the "History of mitted and apologized) were brought before one of the pieces of wood, and if he happened Salem, Mass.," by Sidney Perley, an in the Star Chamber in October (6 months and upon that which was marked with the figure more after the trial) and discharged on the of the cross, the person was pronounced in teresting sidelight is thrown on those nocent; if otherwise, guilty." troubled times. A superstition pre payment by way of fine of £220 apiece, and three, who were not worth so much, of £60 It will be observed that it was the priests vailed in England in ancient times that apiece." (Stephen, History Criminal Law, c. who had charge of administering these tests a baby or young child would be immune XI.) The fine of the foreman and another of innocence, and they doubtless reaped a from witchcraft if he were passed juror had at first been fixed at £2,000. rich harvest from the monopoly of this privi through a hole in a rock or something It is worthy of note that the reverse of lege, commensurate with the wealth and else where the symbolism would be simi this procedure sometimes occurred. Thus the guilt of the accused. And there was still Sir Thom.as Smith (temp. Elizabeth) men another species of this form of trial, which, lar. A tree stood some time after the as least likely to cause any harm, was gen witchcraft episode-in New England tions a jury whose members were both imprisoned and heavily fined for convicting erally employed by the clergy to purge them between the crevice-a local landmark a defendant of treason. Another notable selves when one of their own members was and what is now Proctor Street, which acquittal was that of the Seven Bishops in accused of a crime, and which was called had a pecularity of having the trunk 1688, the verdict wherein finally vindicated "The Corsnaed, or ordeal of the accursed divided just above the ground. About the independence of the Church of England morsel. This consisted in making the ac 2 or 3 feet higher the two parts grew from pontifical supremacy. cused person swallow a piece of bread,'' placed 1964 CONGRESSIONAL RECORD - SENATE 9867 on the altar with great ceremony and prep They must have never read that As I shall point out in a moment, the aration, and "accompanied with a prayer speech; or if they have, then no atten original purpose of the star chamber that it might choke him if he was guilty. tion was given and the words were for was far different from that purpose with Godwin, the powerful Earl of Kent and father gotten. But Lord Brougham's "Speech which our legal historians have come to of Harold, was currently believed to have died on the Present State of the Law," is a know it. It was only during the last in the act." powerful document, and the words it con years of its existence that star chamber This test of innocence was confirmed tains do not deserve to be forgotten. I proceedings earned the disregard which almost exclusively to members of the quote several passages from it here: we have come to attach to it. It was clergy, who seem to have taken the atti Speaking from experience, and experience established to extend the King's justice tude that the church was above the law. alone, as a practical lawyer, I must aver that as a "protector of the weak against the Today, Mr. President, I daresay we see I consider the method of juries a most whole strong, of the commonalty against aristo much of the same attitude in regard to some, wise, and almost perfect invention, cratic oppressors." As I mentioned the civil rights bill. Some churchmen for the purposes of judicial inquiry. In the earlier, the King's council was to handle say there is a great moral issue involved first place, it controls the judge, who might, not only in political cases, have a prejudice cases not remedied by the common law, and God demands equal justice be meted against one party or a leaning toward an and the council operated outside the rules out to all. Of course, I agree that every other "' "' "' or, what is as detrimental to of common law procedure. This, as one should receive equal justice. How justice, their counsel or attorneys. In the might have been foreseen, led to many ever, the passage of the pending bill is second place, it supplies that i nowledge of abuses. I can foresee the same chain being advocated by churchmen, irrespec the world, and that sympathy with its tastes of events being formed today. tive of the consequences that its enact and feelings, which judges seldom possess The jurisdiction of the court of star ment will have on our Constitution. and which, from their habits and station in society, it is not decent that they should chamber was defined by Pendleton Mr. President, I hope that I will not possess, in a large measure, upon all sub Howard in "Criminal Justice in Eng appear sacrilegious in making this re jects. land," as follows: mark, but it occurs to me that to the In the third place, what individual can so The star chamber took notice of such of average citizen of our country the Con well weigh conflicting evidence, as 12 men fenses as riot, forgery, maintenance, perjury, stitution is comparable in legal context indifferently chosen from the middle classes fraud, slander, and conspiracy, crimes which to the Bible in its spiritual and religious of the community, of various habits, char were for the most part unknown to the early context. In other words, our citizens acters, prejudices, and ability? The number common law. and variety of the persons is eminently cal look to the Constitution for the protec culated to secure a sound conclusion upon As I said, because its procedure lay tion of their cherished rights of personal the opposing evidence of witnesses or of cir outside the common law, it was only a liberty in much the same manner as they cumstances. matter of time before extremely abusive look to the Bible for their spiritual guid "The system is above all praise-it looks practices became evident, especially to its ance and protection. well in theory and works well in practice victims. Juries were dispensed with; As I have indicated, Mr. President, "' "' "' . I would have all m atter of fact, torture and terrible punishments-except although some scholars believe that the wheresoever disputed, tried by a jury. "' "' "' death-were applied. Even as the Fed English jury was introduced originally "In my mind, he was guilty of no error- he was chargeable with no exaggeration-he eral judiciary, working through criminal as a "matter of favor and indulgence," was betrayed by his fancy into no metaphor, contempt procedure without benefit of there is no doubt that the jury system who once said that all we see about us, king, jury, the star chamber became the weap gained ground with advancing civiliza lords, and commons, the whole machinery on of royal displeasure against politic al tion and gradually superseded the more of the state, all the apparatus of the system opponents. I wish to point out here that ancient and barbaric custom of battle, and its varied workings, end in simply bring the star chamber was originally estab ordeal, and wager of law until at length ing 12 good IPc.n into a [jury] box. Such lished to further the "public policy," just it became both in civil and criminal cases the administration of justice-is the cause of the establishment of government-such is as we are being told today that the crim the ordinary mode of determining the the use of government; it is this purpose inal contempt and injunctive powers now facts for judicial purposes. And this les which can alone justify restraints on natural proposed to be vested in the Federal son of the ages, Mr. President, is trying liberty-it is this only which can excuse judges and Attorney General are also to be unlearned or forgotten by some constant interference with the rights and necessary to further the "public policy." of the proponents of this so-called civil the property of man." During the last century of its existence, rights bill, who will at one fell stroke Mr. President, I have often heard the ruthless severity began more and more abridge almost a thousand years of Eng term "star chamber" used on the floor to accompany the star chamber proceed lish history. of the Senate in recent days. I myself ings. And as it was thrown more and Do they realize what they are attempt have used it in the course of this address. more into politics, it began to exercise ing to have done by the terms of this I think it is important that Senators jurisdiction far outside the bonds of bill? Do they realize the issues in realize just what is meant by the term legality. volved? I cannot believe so, Mr. Presi and indeed the terrors it once held for The records of one William Hudson, dent. I cannot, I will not believe that the people of England. This is impor who was a practicing lawyer of the times, those seeking to expand this dangerous tant because the contempt of court pro and who studied the star chamber and inequity of criminal contempt proceed ceedings which would be so drastically its procedure, tell us as follows: ings under the guise of civil rights legis expanded under the terms of this bill as The person accused or suspected was im lation would pursue their ends further written are very similar to the old and mediately apprehended, and privately ex if they could only be made to bring their dreaded star chamber proceedings. amined. If he confessed any offense, or if objectives into sharp and clear focus. The star chamber flourished in Eng the cunning of his examiners drew from The objectives are now blurred by emo him, or his own simplicity let fall, any ex tion, and, yea, by fear of continued strife land between 1500 and 1641, although pressions which suited their purpose, he was there is some doubt as to its actual be at once brought to the bar, his confession or and lawlessness. ginning. It is generally considered that examination was read, he was convicted, ex I cannot believe that they really de a committee of the King's council was oro suo, and judgment was finally pro sire to expand to the utmost the power established to sit in judgment of matters nounced against him. Imagination can and responsibilities of our Federal judges outside the common law, by a statute of scarcely conceive a more terrible judicature. when history so clearly points out the Henry VITI. The council became iden From other records we know that to danger and fallacy of such a course. tified with the starred chamber at West obtain the little evidence it felt necessary I cannot believe that in the course of minster, where it sat. It is thought that for its judgments, the Court of Star their training the proponents ever read the council took the name of star cham Chamber would send out various and the memorable speech delivered by Lord ber from its location, but scholars have sundry commissions to collect hearsay Henry Brougham before the House of disagreed on this point. reports from the countryside or to obtain Commons in February of the year 1828. Under the original statute of Henry witnesses. I point out, Mr. President, Lord Brougham was a famous states VIII, the Lord Chancellor and two judges that we already have a very good parallel man, scholar, and author, and one of the would constitute the law enforcement of this procedure in our present-day gov founders of the Edinburgh Review. committee. ernment. If the examination of a party 9&68 CONGRESSIONAL RECORD - SENATE May 2 was held by the commissioners while rov hearing upon the defendant's own confes was meted out in the name of the King ing the countryside, restrictions were sions. At this hearing nothing was read or the Crown; punishments handed down against the defendant except his own con supposedly placed on the methods of ex fessions, and he was allowed counsel for his for criminal contempt violations will be amination which could be used. But the defence. If the defendant refused to answ'3r for the satisfaction of the National Gov witnesses could be imprisoned for refus the plaintiff's bill, he was committed, and the ernment. ing to testify, even before the commis Court gave him a certain time to answer or The star chamber was created for the sions. I am glad to say that we have not be taken pro confesso. If he continued ob beneficial purpose of "furthering the yet gone this far; but the pending bill stinate, the Court held him to be guilty and public policy," just as we are told that would carry us a great distance along the at the hearing at once meted out his pun the injunctive and contempt power of the way .. ishment. Federal judiciary must be greatly in In order that Senators may know more Mr. President, I cite these instances creased for the same purpose. I have fully the procedure followed inside the just to show the extent to which some of also shown how this beneficial purpose star chamber itself, I shall read a few the judges of the court of star chamber was not long in deteriorating to serve excerpts from a treatise entitled "Court went in order to find persons guilty. If ends that were blatantly political. The of Star Chamber,'' written by Cora L. the pending bill were to be enacted in worship of justice turned to the worship Schofield. the form in which it is now before the of mammon. . A prosecution in the Court of Star Chamber Senate, there is no question that many I point out that, while there is always usually began with a bill of complaint en innocent pte'sons who would not have a a slim chance of this happening under tered by the plaintiff. Hudson says: "All chance to defend themselves before a the jury system, that chance is very bills in this court are to be directed to the King's majesty." This was the ancient usage court, could be enjoined, with others, greatly reduced. in causes brought before the Council, but sta. without even knowing that a charge had The state that I have been describing 3 Hen. VII, c. 1, had directed that the bill be been lodged against them. The judge came about because too much power put to the Chancellor, and the Star Chamber could send them to jail, if he so desired. the power to convict and inflict terrible bills of the reign of Henry VIII are addressed So, Mr. President, I hope the Senate punishment on men in the name of judi indifferently to the King or to the Lord Chan will adopt the Talmadge amendments. cial punishment-was concentrated in a cellor-in some cases they are even addressed But if the Talmadge amendments, as very few individuals. It was concen to the Lords of the Council. In the bill the plaintiff set forth his grievances (he must presented, are not adopted, I hope the trated and the jury box of "12 honest be careful that his bill did not charge the amendments proposed by the distin peers" was not allowed to check its defendant with crimes not punishable in the guished Senator from Kentucky [Mr. exercise. Star Chamber, for in that case he was liable MORTON] will be adopted. If that is done, Before I leave the subject of the court to indictment for slander) and asked that a any person accused of criminal contempt of the star chamber, I would like to in writ of subpama be issued calling the of will at least have a chance to be tried dulge in one final passage from the fender or offenders before the Court on a by a jury of his peers. Schofield work. This short excerpt day to be named in the writ. If the defend Mr. President, as I have already point ant did not a.ppear within a certain number sums up very succinctly the conditions of days, a writ of attachment then issued to ed out, it was not long before the first, which brought the star chamber about, the sheriff of the county in which the delin elaborate form of procedure in connec the condition to which the star chamber quent dwelt, to bring him to the Court, and, tion with the court of star chamber was sank, and the reasons therefor. I quote if this failed, there followed a proclamation replaced by a much more summary form as follows: of rebellion, directing that the defendant be of treatment of the accused. The Crown did not cease to find the court apprehended if found, and this in turn was A suspected person was on many occa of star chamber useful even after Henry VII followed, if it proved insufilcient, by a com sions, and in direct violation of the King's had got his kingdom well in hand. On the mission of rebellion directed to six commis law, apprehended without the form of a contrary, its usefulness was developed as sioners named by the plaintiff for the appre time went on, until it became so important hension of the defendant. The commission bill and examined in secret under tor ture or threat of torture. When the ac and so infamous a tool of the state that of rebellion fa111ng, the last resource of the there is a tendency to forget that the star Court was to send forth a serjeant at arms cused confessed and was brought to the chamber was anything but a powerful in with powers of search. bar after such examinations, the attor strument of tyranny used to crush those The defendant, unless specially excused, ney general then set forth the charge. who had fallen, justly or unjustly, under the was required to appear in person at every The defendant made what excuses for suspicion of the Crown. Yet this court session of the Court until he was discharged. himself he could. The court then pro probably exercised at first a really beneficial He had eight days from the day of his ap ceeded at once to hand down the sen influence, and the numerous suits brought pearance, inclusive, to bring in his answer, before it at all times by private individuals but if he "cannot answeare without sight of tence and charged the victim only on his confession. I continue to read from the no doubt received an impartial hearing. Writings remayning in the Countrie upon The same impartiality, however, was ·not to Afildavit thereof he shall have the beginning treatise by Cora L. Schofield: be expected in the case of suits which bore of the next terme to appeare againe and make The usual punishments inflicted by the upon affairs of state. when the judges them answeare so that he make his afildavit before court were fine and imprisonment, accom selves were in reality party to suit. That Attachment be awarded for not appearing." panied, in many instances, with some cor the star chamber fell into ill repute, and If the defendant refused to answer, and im poral punishment, such as the pillory, nail that its name still remains a synonym for prisonment did not bring him to see his ing, or cutting of the ears, branding, whip tyranny, is due to the political and financial error, the plaintiff then moved to have the ping, slitting the nose, wearing in public ends which it was made to serve. bill taken pro confesso. The defendant hav places papers indicating the offense commit ing put in his answer, the plaintiff had four ted, riding around Westminster Hall with face Do Senators think I am indulging in days in which to draw up interrogatories for to the horse's tail, etc. The infiiction of such this effort for idle purposes? Are Sen the examination of the defendant, at the end corporal punishment was not peculiar to the ators saying to themselves that he is go of which time, if the interrogatories had not Stuart days of the star chamber. The victims ing far back into antiquity to find been exhibited, the defendant wa.s admitted of the court even in the reign of Henry VIII arguments against this bill and in favor to attorney and licensed to depart. The an knew what it was to sit in the pillory, to be of the jury trial amendment, that the swer put in and the examination made, the branded, to lose an ear, to wear papers, and plaintiff had all the next term to put in his to ride a horse in ignominious fashion. The data which I am presenting is no longer replication, to which the defendant then famous sentences pronounced by the court relevant? If such is the case, Mr. Presi rejoined. • • • The parties next produced during the frenzy of the reign of Charles I dent, they are sadly mistaken. their witnesses, to be examined by the exam were not much more severe than some which I am seeking merely to sketch this iner of the Court or joined in commission for were pronounced by it in Elizabeth's reign. outline to put this matter in its proper the examination of witnesses. When this work had been completed, the depositions Mr. President, I have attempted to context, to show that the question with were published, and the plaintiff went to the point out how closely the court of the which we are dealing today has been clerk to have the cause entered in the general star chamber and the contempt of court dealt with time and time again over the book of hearing, to await there the Lord procedure as envisioned in this bill paral centuries and always the outcome is the Chancellor's appointment of the day of lel one another. Suits brought before the same. The conclusion is always reached hearing. star chamber were outside the common that, while other systems seem to have If the plaintiff found that in the answer a glossy finish of easy justice and while and examination the defendant had con law, just as will be, in fact, suits brought fessed "matter sumcient for the Court to under the supposedly "civil suit" provi in the beginnings these systems may ground sentence upon," he could waive all sions of the pending measure. Justice function as intended, it is just a matter further proceedings and bring the cause to dispensed by the court of star chamber of time before they become corrupt and 1964 CONGRESSIONAL RECORD - SENATE 9869 begin to decay. And usually they take verdict of a jury is popularly supposed to they wm remain, whatever men may think be well-nigh a divine utterance, incapable of trial by jury. the lives and fortunes of a thousand of modification or criticism-infallible. victims with them. Nevertheless, it must be admitted that this Mr. ELLENDER. Mr. President, it is If I have delved into history too deeply superstitious belief sometimes receives a no secret that judges are corruptible. I 1n order to prove this point, let us bring severe shock. In San Francisco, a few years hesitate to mention it, because certainly the story forward; let us move it out of since, a married man whose wife and family it is not true of the vast majority of our England to our shores here at home. were temporarily sojourning in one of the judges, on either ·the State or Federal Senators will recall that we have made Eastern States, and who was living with a level. But it is not the majority about the trip once before by showing the par women who was not his wife, virtuously re which we must here be concerned. It is solved to shake off this degrading all1ance. allel between the star chamber and the He sent for the family from whom he had the minority. It is the minority who witchcraft trials at Salem. We have been so long separated, told his paramour seek to curry political favor. It is the seen how, out of such happenings as oc that he had arranged for her future comfort, minority who have one eye on the ac curred at Salem, grew the fifth amend and that she should applaud his determina cused and the other on the next higher ment that is a part of our Bill of Rights tion to care for his wedded wife. The woman bench in the Federal system. It is the today. But let us come forward in his had always known of his marriage, but she minority who would misuse the great tory; let us come forward from the days was resolved that he should not leave her. amount of power which the pending bill of English King Charles to the days when She bought a pistol, practiced at shooting at a mark, and when her former paramour ar would place in their hands. And it is the economic kings ruled the courts of our rived with his wife and children, she met minority who are most in need of the own Nation's history. Let us stop for a him on the ferryboat and shot him dead in check of trial by jury. moment in the year 1883. the presence of his family. The facts as here For myself, I cannot see that the judi Senators may think I am choosing this narrated were established beyond a perad ciary would wish this great amount of year to Point out the enlightened action venture during the trial. The slayer was ac power to be made suddenly available to of the Supreme Court in striking as un quitted by the jury. So far as is known, no them, to be shared only with the Attor constitutional the public accommoda man ever attempted to justify what was con ney General. It seems to me that its tions law of 1875. But such is not the ceded to be a coldblooded and wicked mur der. No man ever explained the action of very existence, coupled with the politi case. the jury. cal or other injudicious elements in The year of 1883 was the year Jay The Dukes case was a more recent instance volved in the decisions that they would Gould and his cohorts were busily milk of the inexplicable mystery of a jury's ver be called upon to make would certainly ing the country under the doctrine of. dict. In the San Francisco case just cited leave them open to a great amount of laissez faire. It was a day which we do the defendant was a woman whose fancied criticism from many quarters. Irre not generally think of as giving cause for wrongs may have possibly aroused a feeling spective of this, the idea that the power alarm over a corrupt judiciary. of sympathy in the too susceptible bosoms of of judges should be expanded while the There was, however, a judge in New the jurymen. In the Dukes case the prisoner use of juries should be at the same time York who held a session of court in his at the bar was, by his own account, a rake, a debaucher of women, and was believed to contracted has popped up every so· often private office at an unusual hour without be guilty of the foulest slander that can be in our legal history. benefit of jury. The case was, I presume, leveled at the good name of a woman. If Therefore, it was with a great deal of a civil action, but that is of no matter there was a spark of chivalry in that jury, it interest that I read Mr. Lesser's com here because the principle is the same. should have kindled a flame of resentment ments beginning on page 177 of his "His The decision of that judge, sitting alone against the defendant, who had not only tory of the Jury System." He first dis in his parlors, just as Federal judges all aspersed the fair fame of a young woman, cusses the advantages some profess to over the country will soon be sitting if but had killed her father and protector, al see in doing away with the jury trial sys this bill is enacted as written, passed most without warning or provocation. Yet the jury fully acquitted Dukes who walked tem and presents certain arguments on down a sentence which created a storm out of the court without a taint of guilt up that side of the question. Then he goes of controversy. I remind Senators that on him, if the verdict of a jury is the sacred on to say- the case involving Mr. Gould and his thing which it is popularly believed to be. .As against this contention, it is urged that manipulations was one of business and The people who refused to acquiesce in the such a change would necessarily add greatly gold, not of men's reputations or freedom. verdict, who burned the jurors in effigy, and to the labors of the court, tending to cause Commenting on the outcome of the who drove Dukes out of their city, were wick inaccuracy in and hostile criticism of its case, the New York Times of June 23, ed malcontents, who defied infallible justice. decisions of fact, and would expose the judi 1883, wrote as follows: They were blasphemers against the law ciary to attempts at bribery or charges of which they stigmatized as "a sort of hocus corruption, which (however unfounded) Does anybody think that, because there pocus." must lower its standing in popular estima have been these failures (on the part of Does any man think that trial by jury is tion; and that, with the jury, a potent factor juries to render correct verdicts), the admin without its imperfections and its failures? in educating the citizens and widening their istration of justice would be more secure in Let him scan the cases just mentioned, to ideas of law and right would disappear. , the hands of selected judges? Consider the say nothing of others less conspicuous that It is the judiciary which, in the eloquent bench as it has been constituted in this city. have come to his notice before now. Does language of Mr. Washburn, is "to stand an And "this city" refers to the city of .anybody think that, because there have impartial umpire between the State and its New York. been these failures, the administration of citizens, and the arbiter of private rights. justice would be more secure in the hands To it the citizen looks for protection when It is not long since judges, sworn to hold of selected judges? Consider the bench as it his rights are invaded; and men in all con the scales of justice with an even hand gave has been constituted in this city. It is not ditions of life yield homage to its judg decisions in the interest of public robbers, so long since but what even young men can ment. • • • Nor can there be a deeper and for the distinct purpose of facilitating remember when judges sworn to hold the wound inflicted on a free government than the schemes of sharpers engaged in plunder scales of justice with an even hand gave de that which a venal and corrupt court can ing corporations. cisions in the interests of public robbers, and inflict by its unjust judgments." Mr. President, at this point I ask unan for the distinct purpose of facilitating the And in another place: "The people have imous consent to have printed in the schemes of sharpers engaged in plundering no safeguard or protection on whlch they corporations. If trial by jury fails us, to can so confidently rely for life or property, as RECORD the entire editorial which what shall we fly? It is discouraging, to be upon an enlighted and independent judi appeared in the New York Times of Sat sure, to look on while rogues escape punish ciary. But when men talk gravely of substi urday, June 23, 1883, entitled "Trial by ment by the sheer stupidity or the venality tuting the learning and experience of the Jury." That editorial comments very of a jury. It is exasperating to hear bombas court for the good sense, practical experience forcefully on trial by jury and the nec tic and gushing counsel .claim that th.eir and unbiased instincts of an impartial jury, essity for it. clients, who drip with corruption, are shriven, they do violence to history, and injustice to There being no objection, the editorial sanctified, and purified as by fire by the the cause of personal liberty and right. And was ordered to be printed in the RECORD, verdict of a jury which has a crank for its while I would not let a jury trench a hair's head and hides a delirious inebriate in its breadth upon the province of the court. I as follows: bosom. These are among the imperfections have no hesitation in saying that, for trying TRIAL BY JURY of the administration of human law. With and settling disputed questions of fact, In some aspects of the matter, it is, per an right-minded and thinking men the thief through the instrumentality of human testi h aps, a good thing that there is deeply fixed is yet a thief, although he may have escaped mony, where men and their motives are to be in the Anglo-Saxon mind an almost un conviction. No verdict can wipe out the weighed and scrutinized, and balances are shakable reverence for trial by jury. The damning facts. There they are, and there to be struck between conflicting witnesses, I 9870 CONGRESSIONAL RECORD - SENATE May 2 had rather trust to the verdict of 12 fair our. liberties to be the victim of a political BIPARTISAN CIVIL RIGHTS NEWS minded men of average shrewdness and in deal, which is what this compromise really telligence in a jury box, than the judgment comes down to. Once a man has been ac LETTERS 40 THROUGH 45 of any one man- triµned to the habits of cused of a crime-and a charge of criminal During the delivery of Mr. ELLENDER'S judicial investigation and accustome(l to contempt is a criminal charge-his constitu speech, measure his conclusions by the scale and tional right to a jury trial ought not to be Mr. CASE. Mr. President, will the standard of the law. I had rather trust to traded off by politicians for the sake of votes Senator from Louisiana yield? the honest instincts of a juror, than the in the Senate, or to avoid a filibuster, or to learning of a judge. Nor do I believe c;lodge a tough decision on invoking cloture, Mr. ELLENDER. I am glad to yield that * * * there are more instances of mis or for any other reason. to the Senator from New Jersey, pro taken verdicts than of mistaken rulings of The proposed Senate compromise is a com vided in doing so I shall not lose my law. The most we can expect from either promise only in the sense that it quibbles right to the floor, and that his remarks jurors or judge, is an approximation to with the House penalties for criminal con will follow mine. accuracy in the respective spheres in which tempt. Under the House bill there could be The PRESIDING OFFICER. With they act." a jury trial if the penalty exceeded a $300 out objection, it is so ordered. Nor does the judiciary in general favor fine or 45 days in jail. Under the Senate compromise the fine remains the same, but Mr. CASE. Mr. President, the bipar such a transfer of functions. Thus, in the tisan floor leaders of the civil rights bill course of his charge ~ the jury, in the case the maximum jail sentence drops to 30 days. of The People v. Cleary (Superior Court, New What nonsense. · - make a practice of inserting each week's York City, March 1887) Mr. Justice Barrett The civil righters argue that southern newsletters in the RECORD on Saturday. forcibly observed: "There never can be too juries (why only southern juries?) would I ask unanimous consent to have num many safeguards thrown around a citizen. not convict a white man of criminal con bers 40 through 45 of the bipartisan civil I am the last one in the world to modify t empt. Possibly this is true. But it is also tl'ue of other crimes. What about the two rights newsletter printed in the RECORD. those safeguards. I would amplify them to There being no objection, the news the verge of the possibility of conviction, hung juries in the Medgar Evers murder because I am of the opinion that, no matter case? Do these failures to convict justify a letters were ordered to be printed in the how many safeguards of a proper character third trial of Byron De La Beckwith without RECORD, as follows: the law throws around the accused·, if we a jury? We don't think so. BIPARTISAN CIVIL RIGHTS NEWSLETTER No. 40, can only get 12 fairminded, honest, impartial This argument is one which overlooks a APRIL 27, 1964 men, no amount of sophistry or of dust very important point. It is a point which cannot be stressed too strongly-the differ (The 24th day of debate on H.R. 7152; 41st thrown into their eyes can change them from day of debate on civil rights) arriving at a really just result. They get at ence between civil contempt and criminal contempt. (The bipartisan Senate leadership sup the heart and bottom of things .far better porting the civil rights bill, H.R. 7152, headed than we judges do. I hope the judges never If anyone refuses to obey a lawful court order, issued pursuant to the civil rights bill, by Senator HUBERT H. HUMPHREY and Sena wm be the judges of facts, but will have a tor THOMAS KUCHEL, will distribute this jury to lean upon, and when a jury says that which we hope will be passed, he can be sent to jail for civil contempt by a judge with newsletter to the ofllces of the Senators who they believe in the innocence or the guilt of out a jury. And he can be kept in jail support the legislation. This newsletter will a man, I never .set up my opinion against help to keep Senators and their staffs fully them." until he complies with the order. It might be 30 days or 45 days, or it might be 10 informed on the civil rights bill. It will be And while this was said at a criminal trial, year.s. The justification for this is that distributed whenever circumstances warrant, it inferentially reflects the opinion of the judges must have the means to obtain daily, if necessary.) bench on the question generally. obedience to their lawful orders. There is 1. Quorum scoreboard: Senate supporters Some comment of Mr. Stephen relevant no question here of juries. And we think of the civil rights bill had no trouble making hereto (Hist. Crim. Law, c. XV.) is of inter there is little doubt that a civil rights bill the one quorum on Saturday within 20 est: "It is hardly necessary to say that to can and will be enforced through civil con minutes. judges in general the maintenance of trial tempt proceedings. -For the only way a man 2. Schedule for Monday : The Senate will by jury is of more importance than to any in a c ~ vil proceeding can get out of jail, if he convene at 10 a.m. today and remain in other members of the community. It saves refuses to obey an order, is to do what the session until late in the evening. Floor cap judges from the responsibility of decidi.ng judge told him to do. This will be a very tains for Monday: simply on their own opinion upon the guilt effective sanction. Democrats: PASTORE, 10 a .m. to 1 p.m.; or innocence of the prisoner. * * * The Criminal contempt is something else. It MAGNUSON, 1 to 4 p.m .; DODD, 4 to 7 p.m.; institution does place the judge in the posi is a fiction which judges have invented to CHURCH, 7 p .m. to recess. tion of a guide or adviser to those who are enable them, without a jury, to punish some Republicans: ALLOTT, all day; BENNETT, ultimately to decide, and a moderator in the one for what they consider to be a past vio all day. struggle on the result of which they are to lation of one of their orders. Unless this give their decision." 3. "Pick and choose" police powers. The country wants to invite judicial tyranny, no following article is reprinted in its entirety Mr. President, we have been hearing judge should have such power. from the New York Times of April 23. Justice Black, in the recent criminal con many comments to the effect that south tempt case against Governor Barnett, said "MISSISSIPPI SENATE VOTES BILL TO WIDEN ern juries are not reliable for the pur the denial of a jury trial means that a judge POLICE POWERS poses of this bill. I should like to em "has concentrated in himself the power to "JACKSON, Miss., April 22.-The Mississippi phasize, in the strongest possible man charge a man with a crime, prosecute him for Senate passed an amended bill today giving ner, the sentiments of the editorial writer it, conduct his trial, and then find him the Governor new police powers to deal with of the l'jew York Times and the beliefs guilty." He added, and we wholeheartedly racial unrest in the State. set forth by Mr. Lesser both indicate the agree: "It is high time * * * to wipe out "The amendments, tacked on by adminis everlasting virtues of the jury system as root and. branch the judge-invented and tration leaders, specify that the Governor's judge-maintained notion that judges can try police powers were extended primarily for opposed to the transitory value of trial criminal contempt cases without a jury." dealing with racial disorders, and that they by judge alone. And, of course, we need · No one could put it better. We hope the were not to be used for other purposes. not go either back in history or as far Senate, instead of winding up with a cheap "The bill passed by a 36 to 13 vote. It away as England or even New York City "compromise" because it is afraid of some will be returned to the house for concurrence to find this truth recognized again and voters, will insist upon jury trials in all cases in the senate amendments." again. I refer to an editorial in the of criminal-as distinguished from civil 4. Court action under the 1957 Civil Rights Washington Evening Star of April 26, contempt. Act: Opponents of the civil rights bill claim 1964, entitled "Contempt," which reads: Mr. President, I fully agree with that that the Justice Department has at hand editorial. I am hopeful that Senators all the legal tools needed to enforce voting (From the Washington Evening Star, Apr. 26, rights of all Americans, and that no amend 1964] will consider the problem carefully be ment of the 1957 act is needed to expedite CONTEMPT cause under the pending bill, many peo these cases in the Federal courts. Glad The Senate is beginning to talk in terms ple would no doubt be subjected to crim stone said "Justice delayed, is justice of "compromise" i.n the matter of a jury trial inal prosecution and criminal contempt. denied." This then is the state of justice in for anyone accuse<} of crim.inal contempt of Under no conditions should we permit the parts of this Nation where voting cases cour~ under th~ _peI).ding c~vi) rigpts bill. those_people to go to jail merely by orcier h ave been filed: Since 1958, the Justice De '.I'he suggested. compromise i~ · at leai?t a.n im'."' of a· judge. They should have their day partment has filed 44 suits under the 1957 provement over the con:ipara))le ptnvtsJo;n iti act. Injunctions have been obtained in 15 the-..b11J . wh!ch · pas~ed the House. Neverthti- in court, and the fundamental right to cases, 8 appeals p.ave been taken ( 5 by the less; we· are against it. · ' · · trial by jury slimild-.' b"e 'respected and granted. ·· · · · · · Ju.s_tice Department) and 21 cases are pend - 'we are ~gi:i.inst it b~cause the i~.su.e, or the ing. Title I of the civil rights bill would right, invqlved here ~ s tq? J undE1-me.ntal to Mr_: President, I yield.the floor. give voting cases preference on court dockets, 1964 CONGRESSIONAL RECORD - SENATE 9871 and speed the process of appeal by authoriz BIPARTISAN CIVIL RIGHTS NE.WSLETTER No. 42, 3. From the John Birch Society bulletin: ing three judge courts with direct appeal APRIL 29, 1964 "Our members are responsible for pouring to the U.S. Supreme Court. (The 26th day of debate on H.R. 7152; 43d more than half a million messages [against 5. Latest ant i-civil-rights lobbying figures: day of debate on civil rights) the civil rights bill) into Washington during the last month and will pour in many more According t o reports filed with the Congress, 1. Quorum scoreboard: We extended our the Coordinating Committee for Funda before the fight is over." current winning streak, making four quo Since the Birch Society takes pride in its mental American Freedoms spent $192,500 rums in an average time of 22 minutes. during the first 3 months of 1964 to lobby unscrupulous tactics, perhaps it is respon 2. Wednesday's schedule: The Senate will sible for the forged anti-civil-rights material against the civil rights bill. Of this amount, convene at 10 a.m. and Will continue in ses $142,500 was contributed by the Mississippi we discussed yesterday. But whatever or sion until a somewhat later time than on ganization produced this forgery, Senate sup State Sovereignty Commission, an agency of Tuesday. Floor captains for Wednesday: the State government. porters of civil rights should take some com Democrats: LONG of Missouri, 10 a .m . to fort from the knowledge that much of the 1 p.m.; McCARTHY, 1 to 4 p.m.; BREWSTER, 4 hostile mail that supposedly represents pub BIPARTISAN CIVIL RIGHTS NEWSLETTER No. 41, to 7 p.m.; McGOVERN, 7 p .m . to close. APRIL 28, 1964 lic opinion in reality reflects nothing more Republicans: JAVITS, all day; FONG, all day. than the active extremism of the John Birch (The 25th day of debate on H.R. 7152; 42d 3. The National Council of Churches will Society. day of debate on civil rights) sponsor civil rights prayer services at 9 a.m. 4. A selection from the educational debate: 1. Quorum scoreboard: Civil rights Sen each day at the Lutheran Church of the Re "Under this provision (title VI), U' a con ators easily made three quorums yesterday demption, 212 East Capitol Street, NE. tractor were carrying out a contract with a in an average time of just under 20 minutes. Prominent clergymen from around the coun hospttal, under the Hill-Burton Act, and if 2. Schedule for Tuesday: The Senate will try will conduct these services, which will a lady of one race came to work, and the convene at 10 this morning and will stay be held daily until the civil rights bill is administrator tipped hiis hat to her; and if in session until at least 10 p .m. The pend passed. thereafter, when a lady of another race ing business will be the Mansfield-Dirksen 4. Public opinion and the civil rights bill: came to work, he did not tip his hat to her, substitute to the Talmadge jury trial amend For some weeks now the opponents of the the second lady could charge that he was ment. The bill's opponents are expected to civil rights bill have been announcing that treating them differently; and then, under speak at some length. Tuesday's floor cap the public opinion in the North is turning this provision, the Hill-Burton contract with t ains: against the bill. According to these Sena the hospital could be canceled." (CONGRES Democrats : HART, 10 a.m. to 1 p .m .; BAYH, tors, there is a great "backlash" against civil SIONAL RECO·RD, Apr. 28, 1964, p. 9274.) 1 to 4 p .m .; KENNEDY, 4 to 7 p.m.; RIBICOFF, rights. Credit for this alleged shift in opin 5. Signs of the times: The General Assem 7 p.m . to close. ion is divided between the current "educa bly of the Southern Presbyterian Church Republicans: CooPER, 10 a .m. to 6 p .m.; tional debate" and the notorious "$100 Bil voted to disband all-Negro presbyteries and BOGGS, 10 a.m. to 6 p.m.; COTTON ' 6 p .m. to lion Blackjack" advertisement circulated by integrate them with existing White presby close. a Mississippi front group. teries. It also approved a recommendation 3. From the UPI ticker: "The southerners Now no one can deny that these two activ to adopt a rule explicitly forbidding the ex also said they would not permit a vote on ities represent a tremendous effort. The clusion of any person from participation in the jury trial provision this week, which current filibuster has broken all records for public worship in the Lord's house on the Senate leaders had hoped would be possible." obstructing majority rule on civil rights; grounds of race, color, or class. 4. At 8 p.m. tonight the three major Amer and the Coordinating Committee for Funda The New York Times, which reported this ican religious faiths will present the na mental American Freedoms is just about the news in a story in its April 28 issue, de tional interreligious convocation on civil richest lobby in Washington. Nor can there scribed the reaction of one rural preacher who rights in the fieldhouse of Georgetown Uni be any doubt that this organization, financed opposed the general assembly's actions. A versity. Dr. Eugene Carson Blake, Rabbi largely by official State agencies in the South. rural preacher "slumped against a wall out Yuri Miller, and Archbishop Shehan of Bal has spread the misleading and abusive ad side the auditorium after the vote today and timore will address the audience. The con vertisement in every State in the Union. stared at the floor. 'They just don't seem to vocation will be attended by more than 1,000 But what have been the .results of all this care about us any more,' he said." clergymen of all faiths. The overflow crowd activity? What evidence is there of its im will be composed of delegations from all parts pact, beyond the kind of forged letters re BIPARTISAN CIVIL RIGHTS NEWSLE'ITER No. 44, of the country who have come to Washing ceived by one supporter of the bill? MAY 1, 1964 ton to give witness to the moral imperative On Monday there was an authoritative an for civil rights. swer to this question. The well-known Louis (The 28th day of debate on H.R. 7152; 45th 5. Fake public opinion: Some weeks ago Harris organization has conducted a series of day of debate on civil rights) a Senator from a large northeastern State, a nationwide polls to find out American opin 1. Quorum scoreboard: Five for twenty vigorous supporter of the civil rights bill, ion on civil rights. Fully 70 percent of the one on Thursday. reported that his mail included a very large American public are in favor of the civil 2. Friday's schedule: The Senate will con number of form letters expressing both in· rights bill. Even more important, however, vene at 10 a.m. and will stay in session until tense opposition to the bill and incorrect is the trend over time. This 70 percent ap at least 9 p.m. The bill's opponents will hold ideas about the bill's provisions. Senate proval rate reflects a 2 percent increase since the floor again. Floor captains for Friday: opponents of the bill seized on the Sen February, when the educational debate and Democrats: PASTORE, 10 a .m. to 1 p.m.; ator's honest description of his mail and the Mississippi-based advertising campaign MAGNUSON, 1 to 4 p.m.; LONG of Missouri, 4 repeatedly used it as an example of how began. to 7 p .m.; CLARK, 7 p.m. to close. northern public opinion was turning against In other words, the filibustering and dis Republicans: KUCHEL, all day; JORDAN of the bill in response to their educational de torted advertising have backfired; they have Idaho; all day. bate. created a more favorable attitude than be 3. Selections from the educational debate: Last Thursday this Senator told the sec fore. If the "educational debate" continues "The Senator has given a fine illustration. ond chapter of this story. Being disturbed long enough, perhaps so many people will be If I were to set out to communize America, by the misinformation expressed in so much educated that there will be unanimous sup I would first pass a Federal FEPC law and of this mail, he wrote back to these misin port for the civil rights bill. As for the Co enforce it." (CONGRESSIONAL RECORD, Apr. formed correspondents, giving them an ac ordinating Committee, we can only suggest 28, 1964, p. 9283.) curate summary of what was actually in the that the people of Mississippi ask for a re "I do not know of a more effective step bill. His letters brought a strange re fund. which could be taken to socialize this coun sponse. Many of the people to whom they try and bring about what the Communists were addressed replied that they had never BIPARTISAN CIVIL RIGHTS NEWSLETl'ER No. 43, call equality, than what the bill would bring written to the Senator in the first place. APRIL 30, 1964 about." (Ibid.} For instance, one gentleman, the father of (The 27th day of debate on H.R. 7152; 44th a young girl, wrote as follows: 4. A case of mistaken identity: "All any "I have not and will not sign any peti day of debate on civil rights} friend of the great Moses Cone Hospital in tion against civil rights. Further, I have 1. Quorum scoreboard: We made three Greensboro can hope is that the institution, never given permission to anyone to use my quorums on Wednesday in an average of 19 in refusing to give emergency treatment to name, or my 11-year-old daughter's name." minutes. a student from India because he was thought This young lady's name had been signed 2. Thursday's schedule: The Senate will to be a Negro, suffered from a momentary to one of these fake petitions. convene at 10 a.m. and will continue in ses lapse of judgment and was not officially In other words, the educational debate sion until at least 9 :30 p.m. 'l'he bill's op guilty of inhumanity and hypocrisy. has been so successful that it has produced ponents will continue to hold the floor. public opinion where none existed before. Floor captains for Thursday: "Yet the Associated Press reports that the Another explanation might be that con Democrats: METCALF, 10 a.m. to 1 p.m.; director of the hospital says that nurses in ditions in Mississippi are so perfect that PELL, 1 to 4 p.m.; LONG of Missouri; Moss, 7 this case 'were following directions and did there is nothing better to do with official p .m. to close. not know' that this student who came with a State funds than use them to buy northern Republicans: SCOTT, all day; DOMINICK, broken and bleeding nose was an Indian and telephone books. an day. not a Negro. Such an excuse is worse than 9$72 CONGRESSIONAL RECORD- SENATE May 2, 1964 the refusal to treat the injured man. Not will be a quorum call when the session begins. arises because few people have actually read only America Negroes but American whites The bill's opponents will speak at length the bill itself. should resent the idea that a dark-skinned again. Floor captains for Saturday: "A good example of the pitfalls of m aking stranger should receive emergency care which Democrats. BREWSTER, 10 a.m. to 1 p.m.; claims without reading the bill was the situ is refused a dark-skinned native." (Raleigh HART, 1 to 4 p.m. ation in which the Appleton and Neenah (N.C.) News and Observer, Apr. 4, 1964, p. 4.) Republicans: CASE, all day; CURTIS, all day. Menasha boards of realtors found them 5. From the UPI ticker: ~ ·senator JACOB K. 3. The outlook for next week: It is likely selves last week. Their criticism of the bill, JAVITS, Republican, of New York, today re that the Mansfield-Dirksen substitute for the in an advertisement in this newspaper, was ported a dramatic turnabout in his civil Talmadge jury trial amendment will come based on the measure as it was originally pro rights mail. to a vote late Wednesday afternoon. Prior posed in the House. "He said most of mail recently has been to this vote there will be other votes on per "Senator NELSON wired this newspaper opposed to the measure pending before the fecting amendments to the Talmadge amend pointing out that the advertisement was Senate. ment. absolutely false. He released a letter from " 'I am glad to report today that this trend 4. Regulations of private property: Oppo Attorney General Robert Kennedy stating appears to be shifted dramatically,' he said. nents of the civil rights bill have often said that the bill in its present form 'would in no " 'The count of New York State mail dur that title II, on public accommodations, and way affect or limit the freedom of anyone to ing the month of April--as of this morning title VII, on equal employment opportunity, sell or rent his home as he chooses' and that was 8,250 letters for the bill and 2,527 let are interferences with a businessman's right 'no right to trial by jury is diminished in any ters opposed.' to make his own decisions about how he will way by any provision of this bill.• "He said this was new evidence counter use his pr.ivate property. As a matter of fact, "The two realtor boards responded with a ing claims that there is a so-called white of course, all regulatory legislation imposes letter to the People's Forum of this news backlash in the North that was supposed to such restrictions on private property. Zoning paper retracting the charges published in the be having an adverse effect on support of laws, sanitation laws, wages and hours legis ad." (Appleton (Wis.) Post-Crescent, Apr. 7, the pending legislation." lation, and literally hundreds of other laws 1964.) 6. More visitors: Civic, business, and re limit the individual's right to use his property ligious leaders from Arizona, Colorado, and as he wants. New Mexico will be in Washington today The Supreme Court has been very specific RECESS UNTIL 10 O'CLOCK A.M., to express support for the civil rights bill on this point: "The Constitution does not MAY 4, 1964 to their Senators. guarantee the unrestricted privilege to en gage in a business or to conduct it as one Mr. HART. Mr. President, if there is Nebbia New York, BIPARTISAN CIVIL RIGHTS NEWSLETTER No 45, pleases.'' (See v. 291 U.S. no further business to come before the MAY 2, 1964 502, 527, 528 (1934) .) Since this opinion was Senate, I move, pursuant to the order stated 30 years ago, it should have extra au (The 29th day of debate on H.R. 7152; 46th previously entered, that the Senate stand thority for those persons who disregard all in recess until 10 o'clock a.m. on Monday. day of debate on civil rights) modern constitutional law. 1. Quorum scoreboard: Three for twenty 5. Quote without comment: "The public The motion was agreed to; and