13022 CONGRESSIONAL RECORD—HOUSE July 11, 2001 He was remembered at his funeral community, both in times of need and SPECIAL ORDERS service for what speaker after speaker in times of tragedy. In particular over The Speaker pro tempore. Under the called his ‘‘legacy of justice.’’ Stanley the last couple of weeks, it is the Har- Speaker’s announced policy of January Mosk was the only Democrat on the ris County Hospital District that has 3, 2001, and under a previous order of State High Court and a very progres- stood up under the burden of Tropical the House, the following Members will sive member. He died in . Storm Allison. When any number of be recognized for 5 minutes each. He was my neighbor and he was my our private hospitals were closed, the f friend. Our colleague, the gentleman Harris County Hospital District had its from (Mr. SCHIFF), will be doors open. The trauma center, the REMEMBERING THE HONORABLE speaking more specifically about Stan- Trauma 1 Emergency Center, was STANLEY MOSK ley Mosk’s contribution to the law in available for those who were in need. The Speaker pro tempore. Under a California and our country. I want to Now this hospital district is in need, previous order of the House, the gen- speak briefly about him personally. and we need to rally around it to sup- tleman from California (Mr. SCHIFF) is Stanley Mosk was a genius. He was a port it. recognized for 5 minutes. great tennis player. He took great First of all, there is an enormous Mr. SCHIFF. Mr. Speaker, I want to pride in that. He might have wanted nursing shortage, as we well know, thank my colleagues for their kind re- that to be first. He was a great family throughout this Nation. We must find marks. person. Of course, that did come first. ways to enhance and grow nurses, as Mr. Speaker, I rise today to pay my He was a person of such great intellect well as provide opportunities for exist- deepest respects to the memory and that his decisions when he wrote them ing nurses who are immigrants to come legacy of California State Supreme were the subject of great admiration in and provide assistance. Court Justice Stanley Mosk, a long- and study by law students and admired Furthermore, we must address the standing champion of civil rights and by those who followed the law. He will funding issue that plagues the Harris free speech, who passed away in his be greatly missed in San Francisco, County Hospital District as it relates home on June 19, 2001, at the age of 88. where the supreme court resides in to the formula utilized for Medicaid Justice Mosk loved serving on the California. dollars in this Congress. I hope that my court and had very reluctantly decided He was the first person elected state- colleagues on several committees that to retire due to his advancing age. wide in California, when he ran for of- I will be approaching, along with Mem- Sadly, Justice Mosk died on the day he fice many years ago, the first person of bers of the Senate, can was to submit his resignation to the the Jewish religion ever elected. Once help us assist in obtaining additional Governor of California. I first learned of Justice Mosk as a and for all, he settled that issue. Be- funding, at least providing some mini- law student in the 1980s when I studied cause of Stanley Mosk, Jewish can- mal relief to the Harris County Hos- pital District, but addressing the need his opinions as required reading at Har- didates know that their religion is not across the Nation for our public hos- vard Law School, along with the opin- a factor in elections in this great pital systems. I applaud them and ions of Justices Tobriner and Traynor. State. Indeed, if they were a factor at thank them for their service to the Traynor, Tobriner and Mosk were the all, it is a plus. health needs of America. giants of the California courts. They With that, Mr. Speaker, I want to were the three gentlemen who made mention further that it is said of him f the California court, in many people’s that many people learned much about TRIBUTE TO THE LATE JUSTICE view, many scholars around the coun- pain and much about joy from him. STANLEY MOSK try, truly the highest court in the land. Stanley Mosk did not want to retire. (Mr. FARR of California asked and Justice Mosk served 37 years on that He went home, he was with his family, was given permission to address the court, the longest of any justice, and but he planned to retire in the fall. So, House for 1 minute and to revise and served with remarkable productivity, if I am hesitant about this, it is with extend his remarks.) authoring 1,688 rulings. Smart, elo- great sorrow that I tell our colleagues Mr. FARR of California. Mr. Speaker, quent and principled, he had a magnifi- that Stanley was vigorous to the end, I rise tonight to speak on the memorial cent record of upholding and expanding of course, with his great and powerful of Justice Stanley Mosk. Many of you the rights of individuals. intellect, benefiting all of us to the know that as a fifth-generation Califor- Born on September 4, 1912, in San An- end. nian, born in San Francisco, where tonio, , Stanley Mosk was edu- His plan was to retire in the fall. Stanley Mosk died, that he was a giant cated in public schools in Rockford, Il- That was not in the cards for him. God among supreme court Justices in the linois, and attended the University of took him sooner. But I want his family United States. He left a legacy of jus- Law School, earning his J.D. to know that many of us in the Con- tice in California, having served on the from Southwestern University in Los gress mourn his passing, and I hope it supreme court in that State for 37 Angeles. is a comfort to them that so many peo- years. He was elected to serve as California ple share their grief, but also their I knew him as a lawyer. My father attorney general in 1959 after cam- great pride in California Justice Stan- was in the State legislature and was paigning in which he overcame tactics ley Mosk. very close to the Mosk family and to making his religious faith as a Jew an f the family. Governor Pat issue, and won by more than a 1-mil- Brown appointed him to the bench. lion-vote margin over his opponent, the PLIGHT OF PUBLIC HOSPITAL The tragedy of his loss is that one of largest majority in any contest in SYSTEMS IN NATION the greatest legal minds of this cen- America that year. He was overwhelm- (Ms. JACKSON-LEE of Texas asked tury served in all of that time when ingly reelected in 1962. and was given permission to address California was emerging as a State, As attorney general for nearly 6 the House for 1 minute and to revise growing to be the incredible nation- years, he issued approximately 2,000 and extend her remarks.) state that it is, and the California Su- written opinions, appeared before the Ms. JACKSON-LEE of Texas. Mr. preme Court rose to, I think, in respect U.S. Supreme Court in the Arizona v. Speaker, this evening I would like to probably the highest among all State California water case, and other land- talk about the plight of the public hos- supreme courts in the United States. mark matters. He served on numerous pital systems in this Nation, and use as Stanley Mosk led that drive. It is a boards and commissions, handled anti- an example my own public hospital great tragedy that we lost him before trust matters, constitutional rights, system, the Harris County Hospital we could totally record all of his consumer fraud, investigative fraud, District. memories, but his legacy will live on in authoring some of California’s most First of all, let me applaud the dis- the history of California. He was one of constructive legislative proposals in trict for being such a vital part of our the men that matched our mountains. the field of crime and law enforcement.

VerDate Aug 31 2005 15:25 Feb 22, 2007 Jkt 089102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR01\H11JY1.002 H11JY1 rmajette on PROD1PC67 with BOUND RECORD July 11, 2001 CONGRESSIONAL RECORD—HOUSE 13023 b 1900 by the Federal courts. The doctrine, destroyed it. Without water, our alfalfa He established the Attorney Gen- widely adopted by State courts around is dying. What are we to do to replace eral’s Civil Rights Division and fought the country, is the source of many this income? Is the suckerfish more to force the Professional Golfers Asso- path-breaking privacy rulings and has important to you than we are? Having ciation to amend its bylaws denying given States the chance to become raised nine children to be hard workers access to minority golfers. agents for legal change.’’ and contributors to our society, are we Governor Pat Brown appointed Mosk Justice Mosk is survived by his wife, now to apply for welfare or live off our to the California Supreme Court in Kaygey Kash Mosk; his son, Richard; children? 1964. I note with pride that the late and his grandson, Matthew Mosk, is in ‘‘We have sold our cattle. We are in Senator Sam Ervin of North Carolina, attendance in the House gallery here the process of selling our horses. After on the floor of Congress on August 5, tonight. To them, I want to extend my a lifetime of getting up in the morning 1964, referred to Mosk as ‘‘one of the sincere condolences and, as the gentle- to care for our livestock and ranch finest constitutional lawyers in the woman from California (Ms. PELOSI) in- chores, what would you suggest we do United States.’’ While on the court, dicated, all of our sincere pride in the with our mornings? What reason do Justice Mosk authored decisions that work of that great man. As the Sac- you give us to get out of bed? presaged decisions later reached by the ramento Bee editorialized so appro- ‘‘We need the help of our govern- U.S. Supreme Court. Mosk, as a supe- priately, Justice Mosk was ‘‘Califor- ment. Will we get that?’’ rior court judge in 1947, overturned a nia’s brightest beacon of liberty.’’ Mr. Speaker, this is typical of hun- restrictive covenant that had pre- While his life has ended, his legacy dreds, if not thousands of letters I have vented African Americans and other shines brightly for all Californians and received from the people of Klamath minorities from moving into particular for our great Nation. Falls. neighborhoods a year before the United f Mr. Speaker, as my colleagues know, States Supreme Court voided such cov- this House, prior to the July 4 recess, enants. He wrote a 1978 decision bar- CRISIS IN KLAMATH RIVER BASIN passed $20 million in aide to the farm- ring prosecutors from using preemp- The SPEAKER pro tempore (Mr. ers and ranchers of Klamath Basin, and tory challenges to eliminate minority OSBORNE). Under a previous order of the Senate has now approved that. It or female jurors in criminal cases, a the House, the gentleman from Oregon will be in conference next week, and trailblazing ruling that later became (Mr. WALDEN) is recognized for 5 min- soon it should be on the President’s Federal constitutional law when the utes. desk. U.S. Supreme Court reached the same Mr. WALDEN of Oregon. Mr. Speak- Mr. Speaker, today I had the oppor- conclusion 8 years later. er, I rise tonight to again talk about tunity to speak with President Bush Mosk, as commentators have noted, the saga of the Klamath Basin and the personally about the crisis in the was consistent in upholding the rights farmers who have lived there and tilled Klamath Basin and he offered his help of individuals. He detested quotas and the ground and fed the Nation. and urged me to continue to contact led the court majority in striking down As my colleagues know, Mr. Speaker, and work with Secretaries Norton and admission formulas used by the med- on April 6, they cut off the water. They Veneman. So later this afternoon, I ical school at the University of Cali- said, no water for the farmers this spoke with Secretary Veneman, Agri- fornia at Davis. ‘‘Originated as a means year; the suckerfish would prevail. Mr. culture Secretary, about the problem. of exclusion of racial and religious mi- Speaker, word is finally getting out Because, Mr. Speaker, the word is get- norities, a quota becomes no less offen- about this crisis. There have been sto- ting out, and now the help must get in. sive when it serves to exclude a racial ries in The New York Times, and today Good people are being urged to do bad majority,’’ he wrote. Personally op- in the Washington Post there is a things, as frustration levels rise in the posed to the death penalty, Mosk none- story. It has been on Fox News and Klamath Basin. Twenty million dol- theless upheld the law in capital cases. other networks, CNN and others, who lars, Mr. Speaker, that will be avail- As the Sacramento Bee columnist are beginning to cover this story and able to these farmers and ranchers in Peter Schrag has eloquently noted, the tragedy that is occurring at ground the Klamath Basin sooner rather than Justice Mosk exhibited a ‘‘combination zero of the Endangered Species Act de- later if the U.S. Department of Agri- of judicial creativity and practical bate. culture acts expeditiously to get these sense that produced a string of imagi- Today, in the Washington Post, Mi- funds that we have approved in this native legal departures.’’ Among those chael Kelly, a columnist, writes, ‘‘The Congress into the hands of farmers imaginative legal departures, as Endangered Species Act has worked as whose fields are drying out. Schrag notes, are decisions that handi- intended, but it has been exploited by The land, instead of green, is parched capped parents could not be stereo- environmental groups whose agenda is and brown. Wind is stirring up the typed and automatically ruled unfit to to force humans out of lands they wish dust. The costs continue. Mortgages raise their children; that victims of a to see returned to a prehuman state. have to be paid. Equipment payments pharmaceutical drug who could not Never has this been made more na- have to be met. Bankers are knocking identify the specific maker of the phar- kedly, brutally clear than in the battle on the door. People are scared. Their maceutical product they consumed of Klamath Falls.’’ livelihoods are at stake. could collect damages from all manu- Mr. Speaker, I want to read today We need also to work with USDA to facturers in proportion to their market from a couple of letters I have received get feed and water for livestock. Lit- share when injured; and upholding from constituents. These folks, Bill erally, a crisis is at the doorstep. We State law requiring private owners of and Ethel Rust wrote, ‘‘We have not also need in the long term, which has tidelands to permit public access. written sooner as shock and disbelief to be shorter, rather than longer, to As the Sacramento Bee recently edi- have kept us almost immobilized and improve water quality, but moreover, torialized, ‘‘Mosk’s greatest contribu- so sick at heart. improve water quantity; to get biologi- tion to the law and rights was pio- My husband is 76 years old and a cal opinions for next year’s operations neering the theory of ‘independent Navy veteran of World War II, having plan that are above question that have state grounds.’ The rights of the people lost a brother in this war. We have been blind peer-reviewed so we know were lodged not just in the Bill of been ranchers our entire life and de- the science is valid but, moreover, the Rights and transitory interpretations pended on this for our livelihood. We conclusions are sound, so that we can of the Supreme Court majority,’’ Mosk are still in shock that our own govern- open the gates legally and get water argued. ‘‘They were embedded as well ment has taken this away from us. We into the fields and the farms for the in State Constitutions, which some- recently retired to a small 75-acre al- people of the Klamath Basin. times offered greater protection to in- falfa ranch that was just perfect for us Mr. Speaker, we have a crisis on our dividuals than the minimum required to handle at our age, and you have just hands, a crisis that is getting worse,

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