COMMONWEALTH OF 14rytnlattur 3lourual TUESDAY, fEBRUARY 13,1973

Session of 1973 157th of the General Assembly Vol. 1, No. 12

HOUSE OF REPRESENTATIVES An Act amending the "Pennsylvania Industrial De­ velopment Authority Act," approved May 17, 1956 (P. L. The House convened at 3 p.m., e.s.t. 1609, No. 537), and providing that the Authority may borrow money, issue notes, bonds or other evidences of THE SPEAKER PRO TEMPORE (H. Jack Seltzer) IN indebtedness, pledge or assign its mortgages or the revenues therefrom or its revenues generally to secure THE CHAIR the payment thereof; and providing for the issuance of bonds and remedies for bondholders. PRAYER Referred to Committee on State Government. REVEREND ALVIN J. SIMMONS, chaplain of the House of Representatives and pastor of Bethel A.M.E. By Messrs. FINEMAN, PRENDERGAST, IRVIS, Church, Lancaster, Pennsylvania, offered the following WARGO and ENGLEHART HOUSE BILL No. 298 prayer: An Act providing for an appropriation to the Pennsyl­ vania Industrial Development Authority of not more than Let us pray: the sum of fifty million dollars from funds heretofore o God, our Father, Whose still small voice calls us appropriated to the Governor for emergency and disaster relief in connection with the tropical storm and flood to turn aside from a busy day for a moment of prayer damage of June, 1972 and allocated by the Governor to and thanksgiving, give us the needed strength to make the Department of Commerce for its use in participation us strong. Make us aware of Thy presence as we stand in disaster relief activities. with bowed heads. Amid the haste of daily duties and Referred to Committee on Appropriations. the pressure of persistent problems, may we find in Thee power to complete this day, wisdom to make sound de­ By Messrs. RUGGIERO, KOWALYSHYN, cisions, and the spirit of good will to motivate all our DOMBROWSKI, Mrs. GILLETTE and Mr. endeavors on behalf of our people and our beloved country. PRENDERGAST HOUSE BILL No. 299 With a consciousness of Thy presence alive within us and tapping the unfailing resources of our faith, may An Act amending "The Vehicle Code," approved April 29, 1959 (P. L. 58, No. 32), requiring school buses to be our souls be restored, our minds refreshed, our bodies equipped with safety belts or safety harness assemblies renewed and together may we be ready and willing to and requiring their use when school buses are in motion go forward in Thy name. Amen. and upon motor vehicles carrying passengers for hire. Referred to Committee on Transportation. JOURNAL APPROVED By Messrs. D. S. HAYES, TURNER, BELLOMINI, The SPEAKER pro tempore. Are there any corrections DiCARLO, DOMBROWSKI, HASKELL, WAGNER, to the Journal of January 15, 1973? GRIECO, FISCHER, Mrs. FAWCETT, Messrs. If not, and without objection, the Journal is approved. HOPKINS and POLITE HOUSE BILL No. 300 An Act establishing regional fire training schools for JOURNAL APPROVAL POSTPONED volunteer firemen. The SPEAKER pro tempore. Without objection, ap­ Referred to Committee on Local Government. proval of the Journal for Tuesday, February 6, 1973, will By Messrs. D. S. HAYES, BELLOMINI, DOMBROWSKI, be postponed until printed. DiCARLO, MALONEY, DAGER, GRIECO, Mrs. FAWCETT, Messrs. HOPKINS, HALVERSON, HOUSE BILLS INTRODUCED AND REFERRED POLITE and McGINNIS HOUSE BILL No. 301 By Messrs. GALLEN, BURKARDT, LAUDADIO, An Act amending the "Tax Reform Code of 1971," ap­ RENWICK, LAUGHLIN, KNEPPER and WEIDNER proved March 4, 1971 (P. L. 6, No.2), further providing HOUSE BILL No. 296 for isolated sales. Referred to Committee on Ways and Means. An Act amending "The Fish Law of 1959," approved December 15, 1959 (P. L. 1779, No. 673), changing the fees for resident fishing licenses, nonresident fishing licenses, By Messrs. D. S. HAYES, BELLOMINI, DOMBROWSKI, tourist licenses and changing the minimal age for issuance DiCARLO, GRIECO, HASKELL, Mrs. FAWCETT, of a license button in addition to regular licenses. Messrs. HOPKINS and POLITE Referred to Committee on Game and Fisheries. HOUSE BILL No. 302 An Act amending "The Administrative Code of 1929," By Messrs. FINEMAN, PRENDERGRAST, I VIS, approved April 9, 1929 (P. L. 177, No. 175), authorizing WARGO and ENGLEHART HOUSE BILL No. 297 the Department of Education to enter into contracts with 294 LEGISLATIVE JOURNAL-HOUSE February 13,

fire companies for the protection of property of State method for vocational extension classes and pre-employ- colleges. ment training. Referred to Committee on Education. Referred to Committee on Education. By Messrs. D. S. HAYES, TURNER, DiCARLO, By Mr. HOMER HOUSE BILL No. 311 HASKELL, GRIECO, HOPKINS, HALVERSON and An Act amending the "Public School Code of 1949" POLITE HOUSE BILL No. 303 app.roved March 10, 1949 (P. L. 30, No. 14), further prh­ vldmg for payments on account of vocational curriculums. An Act authorizing the Secretary of Transportation to reimburse volunteer fire companies who respond to motor Referred to Committee on Education. vehicle fires occurring on State highways and providing funds therefor. By Messrs. KENNEDY, THOMAS, R. W. WILT, PIPER, Referred to Committee on Transportation. ANDERSON, FOOR, SHELHAMER, YAHNER, FRYER, ZELLER, ECKENSBERGER, MORRIS, By Messrs. D. S. HAYES, TURNER, BELLOMINI, TAYOUN, FOX, W. W. FOSTER and STAHL DOMBROWSKI, DiCARLO, GRIECO, HOPKINS HOUSE BILL No. 312 and POLITE HOUSE BILL No. 304 An Act amending the act of June 22, 1931 (P. L. 682, An Act amending "The Vehicle Code," approved April No. 249), entitled, as amended, "An act relating to do­ 29, 1959 (P. L. 58, No. 32), authorizing the use of a red mestic animals, and providing for their appraisement light visible from the front on certain vehicles while when condemned to prevent the spread of disease' and returning from fire calls. regulating payments by the Commonwealth in such ~ases, and the payment of salvage by butchers," further pro­ Referred to Committee on Transportation. viding for the amount of payments by the Common­ wealth. By Messrs. STAHL, VOLPE, KISTLER, A. C. FOSTER, NOYE and TURNER HOUSJE BILL No. 305 Referred to Committee on Health and Welfare. An Act amending the "Civil Service Act," approved By Messrs. DREIBELBIS, ZEARFOSS, KISTLER, August 5, 1941 (P. L. 752, No. 286), changing the provi­ sions relating to qualifications of veterans for certain LETTERMAN and MULLEN HOUSlE BILL No. 313 positions. A Joint Resolution proposing an amendment to the Referred to Committee on Military and Veterans Affairs. Constitution of the Commonwealth of Pennsylvania au­ thorizing payment of increased retirement benefits to By Messrs. MEBUS, DAGER, KAHLE, FRANK J. beneficiaries of members. LYNCH, WISE, DOYLE and RITTER Referred to Committee on State Government. HOUSE BILL No. 306 By Messrs. GALLAGHER, PANCOAST, DAGER, An Act amending the act of June 24, 1968 (P. L. 237, No. 111), entitled "An act specifically authorizing col­ DeMEDIO, RUANE and BELLOMINI lective bargaining between policemen and firemen and HOUSE BILL No. 314 their public employers; providing for arbitration in order to settle disputes, and requiring compliance with collective An Act amending the "Public School Employes' Retire­ bargaining agreements and findings of arbitrators," further ment Code of 1959," approved June 1, 1959 (P. L. 350) providing for the purchase of credit for work experienc~ providing for selection of arbitrators. prior to membership in the retirement system. Referred to Committee on Labor Relations. Referred to Committee on Education. By Messrs. VANN, RIEGER, LEDERER, TAYOUN, SAVITT and EARLY HOUSE BILL No. 307 By Messrs. GALLAGHER, PANCOAST, DAGER, RUANE, SHANE and BURNS HOUSE BILL No. 315 An Act authorizing any city of the first class to create a gambling commission to establish and operate gambling An Act amending the "Public School Employes' Retire­ following approval of a majority of the electors and ment Code of 1959," approved June 1, 1959 (P. L. 350) providing for a referendum. adding State employes with multiple service to the defini~ tion of "contributor" for the purpose of purchasing cer­ Referred to Committee on Law and Justice. tain service credits. By Messrs. NOYE and SCHEAFFER Referred to Committee on Education. HOUSE BILL No. 308 By Messrs. PANCOAST, GALLAGHER, DAGER, An Act declaring and adopting the song "Pennsylvania," DeMEDIO, RUANE, SHANE and BURNS by Gertrude Martin Rohrer, as the State song of the HOUSE BILL No. 316 Commonwealth. An Act amending the "State Employes' Retirement Code Referred to Committee on State Government. of 1959," approved June 1, 1959 (P. L. 392), further de­ fining "contributor" for the purpose of purchasing credited By Messrs. KENNEDY, CESSAR, ZORD, THOMAS service. and PIPER HOUSE BILL No. 309 Referred to Committee on State Government. An Act regulating the offering or sale of trading stamps, imposing duties on the Secretary of the Commonwealth, requiring cash refunds, registration of companies, the post­ By Messrs. A. K. HUTCHINSON, KOLTER, PETRARCA, ing of bonds, and providing penalties. ARTHURS and SHUMAN HOUSE BILL No. 317 Referred to Committee on Consumer Protection. An Act amending "The Vehicle Code," approved April 29, 1959 (P. L. 58, No. 32), exempting firemen and gar­ By Mr. HOMER HOUSE BILL No. 310 bage collectors from the provisions regulating hanging or riding on the outside or rear end of vehicles. An Act amending the "Public School Code of 1949," approved March 10, 1949 (P. L. 30, No. 14), changing the Referred to Committee on Transportation. 1973. LEGISLATIVE JOURNAL-HOUSE 295

By Messrs. A. K. HUTCHINSON, KOLTER and KOWALYSHYN, ROWE, SCHULZE, MALONEY, PETRARCA HOUSE BILL No. 318 NOYE, R. O. DAVIS, HOPKINS, GRIECO, LEHR, An Act amending the "Tax Reform Code of 1971," BURNS, M. E. MILLER, JR., KLINGAMAN, E. H. approved March 4, 1971 (P. L. 6, No.2), redefining com­ SMITH, WEIDNER, PARKER, WELLS, D. M. DAVIS, pensation to exclude an amount equal to nonreimburse­ FEE, LINCOLN, TRUSIO, DiCARLO, SCHMITT, able employe expenses. PITTS and BITTLE HOUSE BILL No. 326 Referred to Committee on Ways and Means. An Act creating the Municipal Police Officers' Educa­ tion and Training Commission; providing for administra­ By Messrs. A. K. HUTCHINSON, LAUDADIO, tion of the training program with the Pennsylvania State PETRARCA and KOLTER HOUSE BILL No. 319 Police; ** *. An Act providing for retenti.on election of justices of Referred to Committee on State Government. the peace paid by the Commonwealth and elected from magisterial districts. By Mr. SALVATORE HOUSE BILL No. 327 Referred to Committee on State Government. An Act creating the State Park; con­ ferring powers and duties upon the Pennsylvania Histori­ By Mr. A. K. HUTCHINSON HOUSE BILL No. 320 cal and Museum Commission, the Department of Public A Joint Resolution proposing an amendment to the Welfare and the Department of Property and Supplies; Constitution of the Commonwealth of Pennsylvania au­ and transferring the jurisdiction and control of a por­ thorizing political activity by judges. tion of the land occupied by the State Hos­ pital in the City of Philadelphia. Referred to Committee on Judiciary. Referred to Committee on State Government. By Messrs. LAUDADIO, A. K. HUTCHINSON and PETRARCA HOUSE BILL No. 321 HOUSE RESOLUTIONS INTRODUCED AND An Act amending "The Vehicle Code," approved April REFERRED 29, 1959 (P. L. 58, No. 32), setting the annual registration fee for two-horse trailers. By Messrs. SHUMAN, McCUE, J. T. WALSH, Referred to Committee on Transportation. PETRARCA, LEDERER, SEMANOFF, WRIGHT and A. K. HUTCHINSON RESOLUTION No. 28 By Mr. A. K. HUTCHINSON HOUSE BILL No. 322 The Committee on Military and Veterans' Affairs in the An Act providing for leaves of absence for persons House of Representatives conduct a study of the facilities elected or appointed to certain governmental positions and at the Pennsylvania Soldiers' and Sailors' Home at Erie providing penalties. for the purposes of determining whether they are ade­ quate for the purposes for which it was established and Referred to Committee on State Government. whether alternate or additional facilities are or should be made available for similar purposes for persons who By Messrs. PITTS, ZORD, Mrs. CRAWFORD, Messrs. served in the Armed Forces of the United States. CESSAR, E. H. SMITH, SCHULZE and ROWE, HOUSJE BILL No. 323 Referred to Committee on Rules. An Act amending "The Vehicle Code," approved April By Messrs. SHANE, ZORD, SPENCER, BUTERA, 29, 1959 (P. L. 58, No. 32), authorizing a peace officer, ECKENSBERGER and SHELHAMER upon probable cause, to arrest persons committing cer­ tain violations. (Concurrent) RESOLUTION No. 29 Referred to Committee on Transportation. The General Assembly of the Commonwealth of Penn­ sylvania directs the Secretary of Education, with the co­ operation of the Office of the Attorney General, to take By Messrs. BELLOMINI, DOMBROWSKI, DiCARLO, immediate steps to insure that every person employed PARKER, D. S. HAYES and HOPKINS in the Pennsylvania Criminal Justice System, including HOUSE BILL No. 324 Police Officers, District Attorneys, Corrections Officers and Judges, will receive at least one full day of instruc­ An Act amending the "Public School Code of 1949," tion and orientation on the new Crimes Code prior to its approved March 10, 1949 (P. L. 30, No. 14), changing the effective date of June 6, 1973. method for computing reimbursements for vocational ex­ tension classes and pre-employment training. Referred to Committee on Rules. Referred to Committee on Education. LEAVES OF ABSENCE By Messrs. MEBUS, PIPER, WRIGHT, R. O. DAVIS, WELLS, KOLTER, RIEGER, MYERS, FRANCIS J. The SPEAKER pro tempore. The Chair recognizes the LYNCH and SHELTON HOUSE BILL No. 325 majority whip. An Act amending the "Professional Engineers Registra­ Mr. RYAN. Mr. Speaker, I request a leave of absence tion Law," approved May 23, 1945 (P. L. 913, No. 367), for Mr. DAGER for today's session. providing for licenses without fee for certain registrants. The SPEAKER pro tempore. The Chair recognizes the Referred to Committee on Professional Licensure. minority whip. By Messrs. ZORD, ECKENSBERGER, CESSAR, M. E. Mr. IRVIS. Mr. Speaker, I request leaves of absence MILLER, FISCHER, HASKELL, R. W. WILT, for Messrs. MANDERINO, HAMMOCK and BELLOMINI O'CONNELL, GEKAS, SHANE, POLITE, MORRIS, for the week's session, and for Mr. BENNETT for to­ RITTER, Mrs. CRAWFORD, Messrs. DAGER, day's session. SCIRICA, FRANKENBURG, BURKARDT, ZELLER, The SPEAKER pro tempore. Without objection, leaves Mrs. GILLETTE, Messrs. DOYLE, RUGGIERO, are granted. 296 LEGISLATIVE JOURNAL-HOUSE February 13,

BILL REPORTED AND CONSIDERED Agreeable to order, FIRs'r TIME The House proceeded to third consideration of House bill No. 110, printer's No. 251, entitled: HOUSE BILL No. 47 By Mr. WRIGHT An Act amending the act of May 17, 1939 (P. L. 157, An Act amending the act of May 31, 1893 (P. L. 188, No. 81), entitled, as amended, "An act regulating the No. 138), entitled "An act designating the days and half selection, drawing and summoning of all jurors and tales­ days to be observed as legal holidays, and the payment, men in counties of the second A and third class ** *," acceptance and protesting of bills, notes, drafts, checks changing certain age requirements and repealing incon­ and other negotiable paper on such days," providing that sistent provisions. Veterans' Day shall be observed on the eleventh day of November. On the question, Reported from Committee on Military and Veterans Will the House agree to the bill on third consideration? Affairs. The SPEAKER pro tempore. The Chair recognizes the gentleman from York, Mr. Dorr. CALENDAR Mr. DORR. Mr. Speaker, this bill allows persons 18 years of age and older to be jurors in third class counties. The purpose is to make it consistent with other 18-year­ BILL ON FIRST CONSIDERATION old bills passed in the last session. Apparently, this par­ Agreeable to order, ticular county was overlooked in some of the measures The House proceeded to the first consideration of House which passed last year. bill No. 86, printer's No. 330, entitled: We wish to give credit to a member of the press, Mr. Harry McLaughlin of the Harrisburg Sunday Patriot, who An Act amending "The Controlled Substance, Drug, Device and Cosmetic Act," approved April 14, 1972 (P. L. brought to the attention of some members of the House 233, No. 64), providing for resentencing in certain cases. and Senator Hess of York County the fact that this bill needed to be passed in order to allow 18-year-old persons Said bill was considered the first time and agreed to. to be jurors in third class counties. The SPEAKER pro tempore. This roll call will be the NONPREFERRED APPROPRIATION BILL ON master roll call for the day. SECOND CONSIDERATION On the question recurring, Agreeable to order, Will the House agree to the bill on third consideration? The House proceeded to second consideration of House Bill was agreed to. bill No. 265, printer's No. 295, entitled: The SPEAKER pro tempore. This bill has been con­ An Act amending the act of October 16, 1972 (No. 44­ A) entitled "An act making an appropriation to the sidered on three different days and agreed to and is now Tr~stees of the College of Lincoln University, Chester on final passage. County, changing the appropriation. The question is, shall the bill pass finally? Said bill was considered the second time and agreed to. Agreeable to the provision of the Constitution, the yeas and nays will now be taken. BILL ON SECOND CONSIDERATION YEAS-180 Agreeable to order, Anderson, :T. H. Geisler Lynch, Frank Scirica Arthurs Gekas Malady Seltzer The House proceeded to second consideration of House Barber Gelfand Maloney Semanoff bill No. 246, printer's No. 273, entitled: Beren Gillette Martino Shane Berkes Gleason McClatchy Shelhamer An Act naming a bridge over the Susquehanna River Bittle Gleeson McCue Shelton the Bridge of the Roses. Bixler Goodman McCurdv Shuman Blackwdl Grieco McGinn~s Shupnik Said bill was considered the second time and agreed to. Bonetto Greenfi€'ld McMonagle Smith, C. Brandt Gring Mebus Smith, E. Brunner Halverson Miller, M. E. Smith,r.. Burns Hamilton, J. H. Miller, Ill. E., Jr. Spencer BILLS ON THIRD CONSIDERATION Butera Harrier Morris Stahl Byerly Hasay Mullen, M. P. Stout Agreeable to order, Caputo Haskell Murtha SulIlvan The House proceeded to third consideration of House Cessar Hayes, D. S. Musto Taddonio Checchit> Hayes, fl. E. Myers Tayoun bill No. 11, printer's No. 13, entitled: Comer HilI Novak Thomas Crawford Homer Noye TolI An Act amending the "Second Class County Code," Davis, D. M. Hopkins O'Connell Trusio approved July 28, 1953 (P. L. 723, No. 230), auth?riz~g Davis, P.. Hutchin~on, A. Pancoast Turner appropriations for the payment of legal aid serVices ill DeMedio Hutchin30n, W. Parker, H. S. Ustynoski counties of the second class A. Devertel' Irvis Perri Vallcenti Dicarlo Itkin Perry Vann Dininni Johnson, J. Petrarca Vipond On the question, Dombrowski Jones Pievsky Volpe Will the House agree to the bill on third consideration? Dorr Kahle Piper Wagner Mr; BUTERA moved that House bill No. 11, printer's Dorsey Katz Pitts Walsh, ~. T. Doyle Kelly, A. P. Polite Walsh, T. P. No. 13, be placed on third consideration postponed Dreibelhis Kelly, J. B. Prendergast Wargo Early Kenned:r Rappaport Weidner calendar. Eckensberger Kester Renninger Wells Englehart Klingarran Renwick Westerberg On the question, Fawcett Knepper. Rieger Whittlesey Will the House agree to the motion? Fenrich Kolter Ritter Wilson Fineman Kowalyrhyn Romanelli Wilt, R. W. Motion was agreed to. Fischer Kusse Ruane Wise 1973. LEGISLATIVE JOURNAL-HOUSE 297

Foster, A. LaMarca Ruggiero Worrilo'lI' LABOR RELATIONS, Mr. Renninger, chairman, Room Foster, W. Laudadio I!yan Wright Fox Laughlin Saloom Yahner 115 A, February 14, 1973, at 12 noon, e.s.t. Frankenburg Lederer Salvatore Yohn LIQUOR CONTROL, Mr. Kester, chairman, Room 149 A, Fryer Lehr Scanlon Zearfosr, Gallaghp.r Letterman Scheaffer Zeller Wednesday, February 14, 1973, at 10:30 a.m., e.s.t. Gallen Lincoln Schmitt Zimmerman STATE GOVERNMENT, Mr. Kistler, chairman, Majority Geesey Lynch, Francis Schulze Zord Caucus Room, Thursday, February 15, 1973, at 10 a.m., NAY5-3 e.s.t. Foor Kistler Wilt, W, w. PROFESSIONAL LICENSURE COMMITTEE NOT VOTING-19 MEETING Bellomlnl Frank O'Brien Williams The SPEAKER pro tempore. The Chair recognizes the Bennett Hammo~k Rhodes Wojdak gentleman from Berks, Mr. Piper. Berson Hepford Richardson Burkardt Manderino Rowe Lee, Mr. PIPER. Mr. Speaker, I would like to announce to Dager McGraw Savitt Speaker the members of the Professional Licensure Committee, we Fee will have a meeting of the committee immediately after The majority required by the constitution having voted the session today in room 245. Please go to the committee in the affirmative, the question was determined in the meeting room right after the session. affirmative. Ordered, That the clerk present the same to the Senate QUESTIONS OF PERSONAL PRIVILEGE for concurrence. The SPEAKER pro tempore. The Chair recognizes the gentleman from Philadelphia, Mr. Richardson. For what QUESTION OF PERSONAL PRIVILEGE purpose does the gentleman rise? The SPEAKER pro tempore. The Chair recognizes the Mr. RICHARDSON. I rise to a question of personal privilege. gentleman from Luzerne, Mr. O'Brien. For what purpose The SPEAKER pro tempore. The gentleman will state does the gentleman rise? it. Mr. O'BRIEN. I rise to a question of personal privi­ Mr. RICHARDSON, I was not in my seat at the time lege. of the roll call on House bill No. 110. I would like to be The SPEAKER pro tempore. The gentleman will state recorded in the affirmative. it. The SPEAKER pro tempore. The gentleman's remarks Mr. O'BRIEN. I want to vote "aye" on House bill No. will be spread upon the record. 110. My button is not working. The SPEAKER pro tempore. The gentleman will so The Chair recognizes the gentleman from Philadeluhia, be recorded. Mr. Williams. For what purpose does the gentleman rise? Mr. WILLIAMS. I would like to be added to the mas­ Agreeable to order, ter roll call, please. The House proceeded to third consideration of House The SPEAKER pro tempore. The gentleman's remarks bill No. 138, printer's No. 158, entitled: will be spread upon the record. An Act amending the act of May 29, 1956 (P. L. 1804, No. 600), entitled "An act providing for the establishment of police pension funds or pension annuities in certain STATEMENT BY MINORITY LEADER boroughs, towns and townships and the reguhtion and maintenance thereof; ** *, continuation of existinl;! au­ The SPEAKER pro tempore. The Chair recognizes the thority to provide annuity contracts; credit for military minority leader. service; refunds: exemptin~ allowances from judicial pro­ Mr. FINEMAN. Thank you, Mr. Speaker. cess: and repealing certain acts," authorizinl;! length of On January 15 of this year, in a statement on this service increments in addition to other monthly pension or retirement allowances and further providing for the floor, I set forth what I termed, "An Agenda for Penn­ calculation thereof. sylvania," which was a set of goals and programs that we Democrats hoped would form a part of the meaningful On the question, legislative record that we as a body can write this year. Will the House agree to the bill on third consideration? With that outline of goals and expressions of hope, I Mr. BUTERA moved that House bill No. 138, printer's made a commitment that we would offer concrete legis­ No. 158, be placed on the third consideration postponed lative proposals to fill out that outline. calendar. Today I am pleased to join with other members of the Democratic caucus in unveiling the first of our specific On the question, policy programs within that "Agenda for Pennsylvania." Will the House agree to the motion? It comprises a substantial beginning of a "program for Motion was agreed to. Pennsylvania agriculture in the '70's." Before this agriculture package is formally introduced COMMITTEE MEETINGS by Representative Kent Shelhamer, who is the minority chairman of the House Agriculture Committee, I would EDUCATION, Subcommittee-Basic, Mr. Fischer, chair­ like to take a few moments, if I may, Mr. Speaker, to man, Room 140, Wednesday, February 14, 1973, at 10 a.m., outline the background of this legislation and to briefly e.s.t. refer to each proposal. JUDICIARY, Mr. Spencer, chairman, Room 115A, Since at least the turn of this century, there has been Wednesday, February 14, 1973, at 11 a.m., e.s.t. a centralizing trend in the area of governmental power, 298 LEGISLATIVE JOURNAL-HOUSE February 13,

a centralization that has focused the farm community's at­ One bill that is not being introduced today because tech­ tention, as it has other groups, on Washington. nical changes are being made to the draft is similar to a Whether we talk about the battle with President Hard­ bill that was introduced in this House last year. This bill ing over the tariff in an effort to save farm prices or the seeks to protect service areas of farmer-owned electric violent actions of farmers during the Coolidge years to cooperatives. gain government attention for their problems, the first I believe it is somewhat ludicrous, in light of the cur­ consequences of the coming depression under President rent energy crisis, to permit the large privately-owned Hoover, or their rescue under the New Deal, the farmer electric utilities to conduct unfair jurisdictional war saw that his future and the economic stability of his means against the small farmer-owned electric cooperatives. of making a living had become tied to policy decisions When one realizes that the rural electrte cooperatives made along the Potomac. transmit only about two or, at the most, three percent Like it or not, it is still true that broad economic policies of all the electricity sold in the State of Pennsylvania, one emanating from Washington affect in great measure the can easily envision a battle between David and Goliath economic situation of the agricultural community. being almost a fair comparison. But that does not mean, Mr. Speaker, that vigorous state A second bill that is being introduced today will change legislatures all across this country cannot act to help al­ the rate of indemnity payments to farmers who must leviate the plight of farmers and to return prosperity to destroy livestock to prevent the spread of disease. In that group in our society. addition to increased rates of indemnity, a new concept That task, admittedly, will be a difficult one. Let me for determining the amount of the indemnity is being cite just a few statistics to illustrate the kind and the proposed. measure of neglect that has encumbered the farm commu­ Also being introduced this week is a bill that, if en­ nity. acted, would be known as the Pennsylvania agricultural Over the last 20 years, farmers have received only an marketing and bargaining act. In many ways, this is al­ 11.4-percent increase in the prices they receive for food most an ideal piece of legislation because it will not be products; yet during that same period, industrial workers obligatory upon any farmer to participate, but it will, on and food-marketing employes received as much as 130­ a voluntary basis, provide the mechanism whereby farmers and 148-percent increases, respectively, in their hourly can band together and organize for the purpose of selling earnings. their products. It is obvious to us all that the farmer, In Pennsylvania in the year 1970, there were 10.6 million marketing his product as an individual, is at a distinct acres under cultivation. One year later, in 1971, 50,000 of economic disadvantage and must be allowed the oppor­ those acres vanished and in 1972 another 100,000 were tunity to help himself to correct that disadvantage. covered over by industrial development, housing projects, A third bill, Mr. Speaker, being introduced today will and highways. provide grants to owners or operators of farms who suf­ Nationwide, of a total of 2.7 million farms, 1.7 million fered damage to their land, crops, livestock, homes, and of those farms earned $2,500 or less per year, mind you. personal property as a result of tropical storm Agnes. It $2,500 or less per year for 1.7 million farms out of a total follows up on the Governor's pledge to bring flood relief nationwide of 2.7 million. to the agricultural community and was made possible by In the last 20 years, farm income nationwide crept up the constitutional amendment which we passed, permitting only 6 percent, while farm operating expenses have vir­ direct grants to individuals. And we passed that, as you tually doubled. recall, only last year. The statistical evidence of the neglect and the plight of On January 15, I also stated that we have a very strong the agriculture community is voluminous. It could fill a interest in developing a program to assure the people of great many pages of our House Journal. But from the rural Pennsylvania the necessary access to physicians and few examples I have offered here today, I believe the to adequate medical service. My statement at that time picture becomes clear for all of us. pointed out the very great disparity, the three-to-one dis­ It is past the time when the governments of our Fed­ parity, as a matter of fact, of physicians to people served eral system must face up to the fact that our agricultural between the rural and urban areas. community needs aid and meaningful reform. While as yet we do not have a bill prepared in all of its I believe, as does the Democratic caucus, that the place details and specifics to help alleviate this problem, I want for that attention, the place to begin a drive for the re­ to report that we are in the process of accumulating this birth of the farm community, is in this General Assembly. data. We are doing studies and we are performing anal­ And fo,r that reason, weare putting forth these proposals yses which we hope will lead to a positive approach to today. this problem. We expect to have legislation prepared for I sincerely hope that the shape of agricultural policy for introduction within the not-too-distant future covering the next two years in the General Assembly was indicated this point. by the first official action of this session-the bipartisan For a more specific statement at this time on these support and passage of a constitutional amendment, first bills, Mr. Speaker, I would like to yield to the minority introduced by the Democratic Party last year, which per­ chairman of the Agriculture Committee, the gentleman mits· the state to set aside certain agricultural lands as from Columbia County, Representative Kent Shelhamer. reserves and permits those lands to receive a much needed Thank you. and equitable property tax reduction. We hope that this is but the first step, a necessary one, The SPEAKER pro tempore. The Chair recognizes the but stiUonly a beginning. I believe the next steps on our gentleman from Columbia, Mr. Shelhamer. journey to a healthy, vigorous Pennsylvania agriculture Mr. SHELHfu'Vl:ER. Mr. Speaker, it is with pleasure that community are contained in the legislation that the Demo- I have been requested to introduce and speak on behalf of cratic. Party·will introduce today. ... . this package ofagriculttiral bills. 1973. LEGISLATIVE JOURNAL-HOUSE 299

I do wish to express the appreciation of the agricultural indulged in pirating rural consumers from REA-developed community to the Democratic Floor Leader, who comes areas by such wasteful practices as building duplicate from Philadelphia, for his interest and expressed support power lines down opposite sides of rural country roads. for these legislative proposals that we in agriculture feel This is poor use of our power supply and cannot be tol­ are essential for the progress of a healthy rural Pennsyl­ erated. For that reason, we will introduce legislation to vania. protect rural electrical cooperatives. The passage of these legislative proposals into law will Another bill introduced this week is the Pennsylvania pump new hope and new help into the production of farm agricultural marketing and bargaining act. For those of products, and will further guarantee the supply of a us attempting to make a livelihood by means of farming, fresh, palatable, wholesome food source. I am pleased we know the economic disparity in the market place to­ that the Democratic Floor Leader has given his support to day. Whenever we, as farmers, buy anything that is usu­ these bills and I solicit the support of both sides of the ally produced in an industry in which there is only a political aisle in their sponsorship and passage. handful of major producers of these products-whether The first proposal I would like to discuss is the up­ they be tractors, gasoline, fertilizers, insecticides, or re­ dating of our Pennsylvania livestock indemnity laws. gardless of what they are, they are manufactured in in­ For the nonfarm House member, the indemnity act reim­ dustries which have highly organized labor unions-we burses farmers for a portion of the actual value of live­ pay a higher price because of organized labor and limited stock that must be destroyed to protect the general wel­ competition for any product we buy that is a necessity fare. Sometimes whole herds must be slaughtered. It for our operation. would be unfair to the farmer to destroy valuable property On the other hand, when we sell our products, we are at entirely his own liability so that the general welfarp only one of several million unorganized producers selling and food supply of our overall population can be protect",d to a relatively few handlers or processors. Because the act has not been updated since early 1967. When we buy equipment, the price that we pay is its provisions do not reflect a current value. New and dictated to us. And when we sell our products, the price stiffer Federal regulations covering the final disposal of we get is dictated to us. That is what is meant by my condemned carcasses further restrict the carcass value. statement that farmers are in an unfair economic position The present law establishes flat rates of reimbursement in the market place. for animals condemned. Such an approach is fine if the This bill, which is being introduced, sets up the market value of animals never changes. But they do mechanics whereby farmers may organize into associa­ change and fluctuate considerably in short periods of time. tions for the purpose of bargaining with handlers and pro­ up as well as down. Therefore, an indemnity payment cessors for the price of their products. It will be strictly that is frozen by statute is obsolete the day it is enacted. voluntary on the part of the farmers to choose to become A bill establishing flexible indemnity payments with a part of a cooperative organization or not. The bill will re­ maximum ceiling will be introduced in the near future. quire processors and handlers to bargain in good faith with The bill will allow a farmer to be paid up to 67 percent of cooperative organizations once they are established. the appraised value of the condemned animal, provided With some hesitation for a fear of sounding extreme, that payments by the state and other payments and sal­ this bill could conceivably be known as a farmer's eco­ vage do not exceed 90 percent of the market value of the nomic bill of rights. animal. And now last but not least, I want to speak some on Under this bill, the state will not pay more than $750 flood problems. per horse or head of cattle, not more than $200 per head The last piece of agricultural legislation I wish to bring of swine, or not more than $100 per head of sheep or before the House today is the flood relief bill for farm goat. owners and operators. This bill that is being introduced Another area of concern to farmers is the present power today has the blessing of the administration and bipartisan crisis. The modern farming operation of today is com­ sponsorship. pletely dependent upon electrical power. An adequate Agricultural problems have never been political prob­ supply of electricity has been one of the major reasons lems, and the solutions to these problems should not be of farmers have been able to keep down the price of the a political nature either. products they produce, namely, food. The plight of the farmer this last year has been re­ An example of how electrical mechanism has helped the flected by rising consumer food prices. When our farmers farmer keep food prices down is that in the last 20 years have enjoyed stable agricultural markets, food supplies one farmer averaged about 20 head of cattle per man. This and prices have been favorable to the consumer. That is was about all he could do in a day's work. Today, our one of the major reasons we must move to protect this modern records indicate an average of better than 50 important segment of Pennsylvania commerce. head per man, a whooping 150 percent increase. The devastating waters of the great storm Agnes dealt In the poultry business in the same time, one man's op­ a serious body blow to Pennsylvania agriculture last eration was around three or four thousand birds. Today, June. Not only did many farmers lose their crops in that what would be considered a marginal operation might be flood, but substantial damage was caused by erosion and one having at least 25,000 birds per man. depletion of the soil. It goes without question then that electrical power is Unless farmers receive assurance of help quickly, they essential not only to the farmer in the rural area, but to will not be able to finance their 1973 crops. And much of his customer, the consumer, in the urban area. the conservation work that should be done, such as the As our Floor Leader so adequately pointed out some filling in of gullies, stabilization of the soils, and seeding time ago, a fight for service areas by our utility companies of cover crops, will not be able to take place. is not to the benefit of either producer or consumer. To help farmers in their desire to again produce food Recently, .some privately-owned .power companies hav~ and fibre for OUr eust.orners, the 1:)happ admini1!trat~oJ:} h8:§ 300 LEGISLATIVE JOURNAL-HOUSE February 13, agreed to set aside up to $12 million for farm flood relief. Whereupon, As a farmer, I have been privileged to work with our The SPEAKER pro tempore, in the presence of the administration in drafting this proposal. And while I will House, signed the same. not personally benefit from it, its impact to those affected will be tremendous. QUESTION OF PERSONAL PRIVILEGE Its basic provisions are as follows: It will provide payments of 15 percent of flood damages The SPEAKER pro tempore. The Chair recognizes the that exceed $7,500, up to a maximum reimbursement per gentleman from Philadelphia, Mr. Savitt. For what pur­ claimant of $5,000. pose does the gentleman rise? Because of the premature cutoff of Federal funds, it Mr. SAVITT. I rise to a question of personal privilege. will provide an exclusion that will allow our Pennsylvania The SPEAKER pro tempore. The gentleman will state Secretary of Agriculture to make determinations as to it. eligibility where Federal participation was denied or ig­ Mr. SAVITT. Mr. Speaker, I would like to be recorded nored, or where it was refused on a basis of age or physi­ as voting "aye" on House bill No. 110 and have my name cal disability, and the Secretary determines that the ap­ recorded on the master roll call and my switch opened. plicant can continue to farm his property. It will be ap­ The SPEAKER pro tempore. The remarks of the gentle­ plicable to both crop and land damages. man from Philadelphia, Mr. Savitt, will be entered in the Assuming this bill receives quick legislative action here Journal. in the House of Representatives and in the Senate, re­ quests for aid can be made immediately and payments to STATEMENT ON RESOLUTIONS farmers can follow just as soon as the cutoff dates arrive. Mr. VOLPE. Mr. Speaker, I have two proposals to The money to fund this program is contained in the $150 place before this body today. They are joint resolutions million set aside last year for flood relief and is made that would provide the initial step in bringing about an possible by the constitutional amendment approved by amendment to the Federal Constitution. I want to reserve the electorate at the last general election in November. to the states the duty and responsibility of determining the rights of the unborn. SENATE MESSAGE I have a deep and abiding belief that the preamble to HOUSE BILL CONCURRED IN BY SENATE the United States Constitution is a statement of intent by its framers and is the reason for all that follows in that The clerk of the Senate being introduced, returned bill document. One of the stated reasons for each article and from the House of Representatives numbered and entitled each amendment is to secure the blessings of liberty for as follows: ourselves and our posterity. I find now that I must rec­ oncile that statement of intent with the recent Supreme HOUSE BILL No.3 Court decision that said the words "liberty" and "pos­ A Joint Resolution proposing an amendment to the Con­ terity" do not mean civil freedom for future generations stitution of the Commonwealth of Pennsylvania further as I define the words. providing for the establishment of standards and quali­ fications for land used for agricultural purposes. The first resolution utilizes the initiative procedures provided for under Article V of the Constitution. It is With information that the Senate has passed the same a call for a limited constitutional convention on this ques­ without amendment. tion of state's rights. Before the convention can be called, it will be necessary that similar resolutions be passed in MOTION at least 33 other state legislatures. I am preparing letters to the legislative leaders in all 49 other states requesting AUTHORIZING THE SPEARER PRO TEMPORE their assistance and cooperation. TO SIGN HOUSE BILL No. 3 The second resolution simply memorializes our Congres­ RESOLVED, That the gentleman from Lebanon, Mr. sional delegation to introduce and support a joint resolu­ Seltzer, Speaker pro tempore for the week beginning tion at the Federal level to provide for a single consti­ February 11, 1973, be authorized to sign House bill No. tutional amendment on the same point. 3; printer's No.8, pursuant to House Rule No. 1. My intention here is to simply further define the powers H. FRANCIS KENNEDY and rights enumerated and reserved to the people and the On the question, states under Articles IX and X of the Bill of Rights. The Will the House adopt the resolution? reasons for my action are quite simple to explain. I am Resolution. was adopted. opposed to the interference with life at any stage of its development from the moment that it is conceived. I have never seen any magic in cutting the umbilical cord. To HOUSE BILL SIGNED BY SPEAKER me, the magic is in the conception of life and the develop­ PRO TEMPORE ment from a single cell into the miracle of human life. Bill numbered and entitled as follows having been pre­ A law is only an expression of the will of the commu­ pared for presentation to the Governor and the same being nity. All citizens have the right to concur, either per­ correct, .the title was read as follows: sonally or through their Representatives, in its formation. I believe that the Supreme Court decision has taken from HOU.SE BILL No. ·3 me, and from those I represent, the right to concur in the A Joint Resolution proposing an amendment to the Con­ formation of laws relating to the rights of the unborn. stitution of the Commonwealth of Pennsylvania further providing for the establishment of standards and quali­ There is no doubt in my mind that on the basic issue fications for land·used for agricultural purposes. there is not a uniformity of opinion here in this body, 1973. LEGISLATIVE JOURNAL-HOUSE 301 and there certainly would not be uniformity nationwide. we cannot, we may not, allow its rulings to stand if they The people of one state quite frequently will view any are bad rulings. given subject in a different light from the people of an­ But what recourse do we have, Mr. Speaker, as a other state and will determine legislation on that point state legislature? As the gentleman from Lackawanna according to their particular views. This fact is recog­ has intimated, ours is a pluralistic nation. Noone re­ nized in the Constitution and provided for in every in­ ligion, Mr. Speaker, no one moral code, and no one court stance except where certain powers are delegated spe­ seeking to act as a legislature, should overwhelm the will cifically to the Federal Government, where the situation of the majority of the people in each state, an apt de­ affects national interest. I believe that this question, in scription of what the United States Supreme Court did. the national interest, should be left for debate and for And I am going to quote from the dissent by Justice legislation in the individual state Assemblies. If Cali­ White. fornia wishes to maintain its liberal position, I certainly "The upshot" of this decision, said Justice White, "is would not agree with that position, but I would say that people and the legislatures of the 50 States are con­ the legislature will have acted to reflect the will of the stitutionally disentitled to weigh the relative importance people of that state. of the continued existence and development of the fetus If, here in Pennsylvania, legislation were adopted that on the one hand against a spectrum of possible impacts was contrary to my views, I would be dissatisfied, perhaps on the mother on the other hand. As an exercise of raw even disgruntled, but I will have had at least the oppor­ judicial power, the Court perhaps has the ability to do tunity of entering into free and open debate with my what it does today; but in my view its decision is an views. I will have had the opportunity of speaking for improvident and extravagant exercise of the power of the people who have elected me to this office. I will judicial review which the Constitutio]l gives to this Court. have had the opportunity of working for changes in that "The Court apparently values the convenience of the legislation to bring it to the point at which I think it expectant mother more than the continued existence and should be. development of the life or potential life which she carries. At this time, I and the people who share my philosophy Whether or not I might agree with that marshalling of have been stripped of these rights. We have been dis­ values, I can in no event join the Court's judgment be­ enfranchised on this one point that is very important to cause I find no constitutional warrant for imposing such us. I am not asking any member here to adopt my phil­ an order of priorities on the people and"-I stress-"leg­ osophy on the ultimate question; this can be debated at islatures of the States." a future time. I am asking that you grant me the right Last year we passed a bill in this General Assembly to utilize the legitimate forum of the legislative processes which would allow abortion only to preserve the life of that we represent. I am asking that we, the elected Rep­ a mother. While this approach may be acceptable to resentatives of the people of Pennsylvania, be allowed to Pennsylvania, we cannot realistically expect to impose reflect the cumulative, philosophical, cultural and socio­ this standard on the other 15 states of this nation. Nearly logical will of our constituency. We of Pennsylvania 40 percent of the states have abortion statutes which are have a right to select our own destiny. more liberal than that enacted in Pennsylvania; 15 states I yield to the gentleman from Cambria. have so-called therapeutic abortion statutes; four states have enacted abortion statutes which permit unrestricted The SPEAKER pro tempore. The Chair recognizes the abortions early in pregnancy. gentleman from Cambria, Mr. Gleason. These statistics, Mr. Speaker, demonstrate the futility Mr. GLEASON. Thank you, Mr. Speaker. of an all-or-nothing approach to amending the United I rise to speak a few words about the resolution spon- States Constitution. We cannot expect to successfully sored by the gentleman from Lackawanna. impose a single standard on all the states through the I would like to first address those of us in this House amendment process, because the states themselves are who believe that the issue of abortion has been settled divided on the proper balance between the rights of the once and for all. In this regard, I would remind the unborn. child and the pregnant woman. ladies and gentlemen of this House of two other decisions In essence, we must come up with an approach that 38 of the United States Supreme Court, the Dred Scott De- states of differing viewpoints will find acceptable. There cision of the 1850's and Plessy versus Ferguson, decided is only one such approach, to allow each state to decide several decades ago. for itself the appropriate means for regulating the rights of unborn children within its jurisdiction. I am sure many members of the state legislatures of Human life is a philosophical and cultural concept; it the 1850's believed that the questl'on of slavery was is not a question of legal interpretation. The people of settled by Justice Taney's decision. How wrong history each state, through their elected representatives, ought tells us they were. to be the sale arbiters of such cultural values; not the Plessy versus Ferguson was decided under much the. judiciary, which ought to confine itself to questions of same emotional framework as the Dred Scott decision and, law. The majority of the people of each state, through I dare say, the present-day abortion decisions· of our their elected representatives, determine what constitutes Supreme Court. And it 'N'assaid then that the issue murder; the degrees of manslaughter, burglary, and other of the separation of the races was finally determined. A.crimes against the person. These judgments are based, dreadful Civil War settled the question of slavery, and in large part, on the cultural beliefs of the people of that it took better than 60 years to undo the damage done state, upon what constitutes right and what constitutes by Plessy v. Ferguson. wrong. If the majority of people in a state believe that My point, Mr. Speaker, is, when the Supreme Court of human life is being destroyed when a fetus is taken, I the United States is wrong, it is terribly wrong. .And believe that state should have the right to prevent the 302 LEGISLATIVE JOURNAL-HOUSE February 13, destruction of that life in the same manner that they Miriam, Mr. Dennis McLaughlin, and their leader, Mr. regulate other conduct they believe to be harmful to in­ John McCarry. nocent persons. They are the guests of the gentleman from Delaware~ It is not without irony that one year after the Supreme Mr. Doyle. Court has significantly restricted the ability of the state to impose the death penalty upon convicted murderers, STATEMENT BY MINORITY LEADER the very same court should prohibit the state from inter­ fering with what many states regard as the destruction The SPEAKER pro tempore. The Chair recognizes of human life. the minority leader. I strongly urge the Rules Committee, Mr. Speaker, to Mr. FINEMAN. Mr. Speaker, may I return for a deliberate carefully upon the two resolutions. It is my moment to the matter of the adoption of a resolution by fond hope that this legislature, as well as 37 others, will this House today on a voice vote? recognize the terrible encroachment upon states' rights I want to make it clear that I have no objection to the that the decisions of the Supreme Court represent. merits of the resolution. It is perfectly in order. But Let us make the judgment of life as the only duly­ in view of the fact that last week 30 members of the elected representatives of the people of Pennsylvania. Republican Party objected vehemently to a motion to Thank you. suspend the rules for the purpose of allowing additional sponsors, I would bring to your attention that the re:>;o­ lution that was adopted by this House trespassed against ANNOUNCEMENT the rules of this House in two respects. The SPEAKER pro tempore. The Chair recognizes the Number one, the motion was not a privileged motion gentleman from Cambria, Mr. Englehart, for an announce­ and should, therefore, have been referred to the Com­ ment. mittee on Rules unless the rules of this House were sus­ Mr. ENGLEHART. Mr. Speaker, as chairman of the pended or waived. Minority Policy Committee, I would like to announce that Secondly, the adoption of the motion by voice vote upon the recommendation of the Policy Committee to the trespassed against the rules of this House in that I be­ minority leader, the following men will serve as Demo­ lieve that the vote should have been a roll-call vote cratic members of the investigating committee created requiring the electronic recording of votes on a tote board. by House resolution No. 21: The gentleman from Berks, The SPEAKER pro tempore. The Chair thanks the Mr. LaMarca, and the gentleman from Allegheny, Mr. gentleman. The gentleman is correct, and it is the in­ Rhodes. tention of the Chair to go back to this resolution at this The SPEAKER pro tempore. The Chair thanks the time. gentleman. We now return to the motion by the gentleman from Butler, Mr. Kennedy, for the purpose of taking a roll call. Mr. FINEMAN. May I respectfully suggest that the QUESTIONS OF PERSONAL PRIVILEGE motion that should be before the House is a motion to The SPEAKER pro tempore. The Chair recognizes the suspend the rules so that the House resolution in question gentleman from Philadelphia, Mr. Lederer. For what pur­ need not be referred to the Committee on Rules and may pose does the gentleman rise? be immediately considered by the House. Mr. LEDERER. I rise to a question of personal The SPEAKER pro tempore. The Chair has taken the privilege. position that this is a motion and not a resolution that The SPEAKER pro tempore. The gentleman will state must be referred to committee. The clerk will read the motion. it. Mr. LEDERER. Mr. Speaker, I would like to have my name placed on the master roll call, if you have not done MOTION so, please. The SPEAKER pro tempore. The remarks of the AUTHORIZING THE SPEAKER PRO TEMPORE gentleman will be spread upon the record. TO SIGN HOUSE BILL No. 3 The CLERK. Resolved, That the gentleman from The Chair recognizes the gentleman from Lawrence, Lebanon, Mr. Seltzer, Speaker pro tempore for the week Mr. Fee. beginning February 11, 1973, be authorized to sign House Mr. FEE. Mr. Speaker, I would like to be recorded bill No.3, printer's No.8, pursuant to House rule No. 1. on the master roll call and recorded as voting "aye" on House bill No. 110. On the question, The SPEAKER pro tempore. The remarks of the Will the House agree to the motion? gentleman will be spread upon the record. The yeas and nays were required by Messrs. KENNEDY and FINEMAN and were as follows: SAINT CHARLES BORROMEO STUDENTS WELCOMED YEAS-178 Anderson, d. H. Geesey Lynch, Frank Schulze The SPEAKER pro tempore. The Chair welcomes to Arthurs Geisler Malady Scirlca the hall of the House approximately 80 students and 15 Barber Gekas Maloney Seltzer Beren Gelfand Martino Semanoff chaperones from the eighth-grade class of Saint Charles Berkes Gillette McClatchy Shane Borromeo School of Drexel Hill, Delaware County, with Bittle Gleason McCue Shelhamer Bixler Goodman McCurdy Shelton their teachers, Sister Marian Gerard, Sister Ba.rbara Blackwell Greenfield McGInnis Shurmlk 1973. LEGISLATIVE JOURNAL-HOUSE 303

Bonetto Grieco McMonagle Smith, C. Mr. L. E. SMITH. Mr. Speaker, in the early weeks Brandt Gring Mebus Smith, E. Brunner Halverson Miller, M. E. Smith, L. of this session, on at least two occasions, I remember Burns Hamilton, J. H. Miller, M. E., Jr. Spencer the Speaker asking that certain phrases be stricken from Butera Harrier Morris Stahl the record because he felt they were below the dignity Byerly Hasay Mullen, M. P. Stout 'Caputo Haskell Murtha Sullivan of this House. A couple of those phrases that come to Cessar Hayes, D. S. Musto Taddonio my mind immediately were such things as "diatribe" and Checchio Hayes, S. E. Myers Tayoun Comer Hill Noye Thomas "verbal garbage" and terms of this nature. Crawford Homer O'Connell Toll Davis, D. M. Hopkins Pancoast Trusio I wholeheartedly agree with the ruling of the Chair Davis, R. Hutchinson, A. Parker, H. S. Turner in this matter; but, unfortunately, one of the members DeMedio Hutchinson, W. Perri Ustynoski from a little village in Lancaster County called Quarry­ Deverter Irvis Perry Valicenti Dicarlo Itkin Petrarca Vann ville has found a way around this by inserting into the Dininni Johnson, J. Pievsky Vipond record certain phrases that are derogatory to one of the Dombrowski Jones Piper Volpe Dorr Kahle Pitts Wagner leading animal citizens of this Commonwealth, and I Dorsey Katz Polite Walsh, J. T. just cannot let go unnoticed the kind of diatribe and Doyle Kelly, A. P. Prendergast Wargo Dreibelbis Kelly, J. B. Rappaport Weidner verbal garbage that he inserted into this record. I take Early Kennedy Renwick Westerberg exception to it. Eckensberger Kester Rhodes Whittlesey Englehart Kistler Richardson Williams I want to call to your attention that Groundhog Day in Fawcett Klingaman Rieger Wilson Punxsutawney this year was a tremendous success. We Fee Knepper Romanelli Wilt, R. W. Fenrich Kolter Ruane Wise had people from as far away as Japan. There was a com­ Fineman Kusse Ruggiero Worrilow pany in Detroit that sponsored a contest and sent four Fischer LaMarca Ryan Wright Foster, A. Laudadio Saloom Yahner people to observe Groundhog Day in Punxsutawney. One Foster, W. Laughlin Salvatore Yohn of the leading naturalist writers, Mr. Ronald Rood, de­ Fox Lederer Savitt Zearfoss cided that Punxsutawney would be the place to announce Frankenburg Lehr Scanlon Zeller Fryer Letterman Scheaffer Zimmerman his latest book, Who Wakes the Groundhog? Gallagher Lincoln Schmitt Zord Gallen Lynch, Francis Apparently Mr. Hill's action was probably a panic­ stricken type of act that came about as a result of the NAYS-O John Tucker show in New York. The John Tucker TV NOT VOTING-24 show announced a great debate, and he billed it as "the great groundhog debate." He had representatives from Bellomini Gleeson O'Brien Wells Quarryville and Punxsutawney there, and at the con­ Bennett Hammock Renninger Wilt, W. W. Berson Hepford Ritter Wojdak clusion of that program, he said that without any ques­ Burkardt Kowalyshyn Rowe tion Punxsutawney was the originator. Dager Manderino Shuman Lee, Foor McGraw Walsh, T. P. Speaker We would like to have these people join us, because we Frank Novak think the worldwide publicity that comes to Pennsylvania So the question was determined in the affirmative and every Groundhog Day is something unique. But when the motion was agreed to. they begin this business of imitating and becoming im­ posters, we take exception to that. We would welcome them as disciples, but as long as that fur-bearing animal STATEMENT DEFERRED in Quarryville with the faint white stripe down its back The SPEAKER pro tempore. The Chair recognizes remains in contention and attempts to take the number­ the gentleman from Erie, Mr. Hayes. one spot in Pennsylvania, we are going to object and con­ Mr. D. S. HAYES. Mr. Speaker, I have already dis­ tinue to challenge the authority they claim to have as cussed this; I forgot to tell you. I will make the state­ being the oldest groundhog lodge in Pennsylvania. ment tomorrow. Thank you, Mr. Speaker. Thank you. The SPEAKER pro tempore. The Chair thanks the gentleman. SENATE MESSAGE The Chair recognizes the gentleman from Jefferson, SENATE RESOLUTION FOR CONCURRENCE Mr. Smith. For what purpose does the gentleman rise? TIME OF NEXT MEETING Mr. L. E. SMITH. Mr. Speaker, I would like to make a few brief remarks. The clerk of the Senate being introduced, presented the The SPEAKER pro tempore. If the gentleman will following extract from the Journal of the Senate, which yield, the Chair will add his name to the list of speakers was read: who have already asked to be recognized. In the Senate, February 13, 1973 The Chair at this time recognizes the gentleman from RESOLVED, (the House of Representatives concurring), Montgomery, Mr. Yohn, who asked unanimous consent That when the Senate adjourns this week it reconvene on to make a brief statement. The Chair hears no objection Tuesday, February 20, 1973 at a time to be fixed by the and the gentleman may proceed. Senate, and when the House of Representatives adjourns Mr. YOHN. Mr. Speaker, I will yield to the gentleman, this week it reconvene on Tuesday, February 20, 1973 at a Mr. Smith. time to be fixed by the House of Representatives. Ordered, That the clerk present the same to the House PERMISSION TO ADDRESS HOUSE of Representatives for its concurrence. Mr. L. E.SMITH requested and obtained unanimous On the question, consent to address the House. Will the House concur in the resolution- of the Senate? 304 LEGISLATIVE dOURNAL-HOUSE February 13,

Resolution was concurred in. NEWSPAPER ARTICLES SUBMITTED FOR Ordered, That the clerk inform the Senate accordingly. JOURNAL Mr. YOHN presented the following newspaper articles SENATE MESSAGE for the Legislative Journal: SENATE RESOLUTIONS FOR CONCURRENCE THREAT OF JAIL The clerk of the Senate being introduced, presented the STRANGLES PRESS following extract from the Journal of the Senate, which was read: Five reporteTs jailed. A dozen others facing jail sentences. SENATE SERIAL No. 202 Police searches of newsrooms. Continuing Joint Committee to investigate the deat~ of Investigations of people talking to newsmen. Louis Novak' Commonwealth Concerns of Malverne, RIdge Arrests and jailings of others talking to news- View Center; Reilly Center; interim care facilities. men. In larger and larger numbers, newsmen through­ SENATE SERIAL No. 203 out America are discussing the oppressive climate Memorializing Congress to designate January 15 as a created by the arrests, jailings, investigations and National Holiday in memory of Dr. Martin Luther King. searches. (NOT PRINTED-For text of resolution see Senate His­ tory) But this climate, they are quick to point out, isn't in some far away republic or foreign nation Ordered, That the clerk present the same to the House operating undffi' military dictatorship or total­ of Representatives for its concurrence. itarian rule. The newsmen are concerned about these things PERMISSION TO ADDRESS HOUSE happening in America and what they view as a major threat to a basic freedom guaranteed by the Mr. YOHN requested and obtained unanimous consent U. S. Constitution-the right to a free press. to address the House. They're becoming increasingly concerned about Mr. YOHN. Mr. Speaker, in September of 1968, the the fiv,e reporters committed to jail over the last Pottstown Mercury published a special censorship edition, decade and a half and of the growing desire by which included a large number of blank spaces on the prosecutors to use reporters' notes as involuntary front page of the edition and received worldwide acclaim and unwilling aids to an incomplete investigation. because it rather dramatically called to the attention of These members of the American press, and many the American people the type of newspaper that we would other citizens from all walks of life, fear they are have in this country in the event we were subject to witnessing an all-out assault on the right to a free censorship. press, ,e'ither intentionally or evolutionary or a Today, Mr. Speaker, the Pottstown Mercury again had combination of the two, and more and more people another special edition, the title of which is "Censorship are saying so. -It's Here!" The past two years reflected a significant in­ The paper then goes on again to dramatically call to crease in the number of attacks on what newsmen the attention of the people of this country, and particular­ once consider'ed sacred ground-a reporter's right ly the people of the Commonwealth of Pennsylvania, the to protect his sources. problems which are created in the newspaper industry and That right seems to be evapomting. This in­ in protecting freedom of speech and press by the Caldwell creasingly is the consensus from one side while the decision of the United States Supreme Court. Nixon Administration proclaims there is more I think, Mr. Speaker, this issue of freedom of speech and press freedom now than at any time in the past. freedom of the press is vital and critical to our country "Perhaps a little too much," some administra­ and is one which bears very close examination, not only tion press critics priVlfltely add. by the United States Congress but also by this legislature. But the jailing of newsmen, the broad subpoena I rise today, Mr. Speaker, first to congratulate the Potts­ powers now being exercised against newspaper, town Mercury and Mr. Robert J. Boyle, the editor of that radio and television reporters for their memories, newspaper, for the fine work they did in bringing this their notes, their tape recordings and their sources, matter to our attention and everyone's attention and the and the failure of lawmakers to enact meaningful careful research that went into the production of this par­ national safegu'ards appear to be real. ticular newspaper. I have made available copies of the newspaper to the Last month a Los Angeles Times reporter was members of our caucus, and the gentleman from Berks, released from prison ,after serving one of the long­ Mr. Fryer, will be doing the same with the members of est terms ever imposed on a member of the press the Democratic caucus for any members who would be for failure to disclose his confidential sources. interested in reading the newspaper in detail. Fifteen years 'ago a woman columnist for the Because it would seem apparent to me that sometime former New York Hemld Tribune served 10 days this year we will be dealing with this matter legislative­ because she protected the confidentiality of a ly, and because a number of the articles in the newspaper source. are very critical and contain very good background in­ These stories are being cited as examples of the formation for that type of determin'ation, I would ask long period of erosion of th~ Tight tOi protect unanimous consent that two of the articles in the paper sources but there 'are other instances which sup­ be inserted in the Journal of today's proceedings. port 'a benef that the attacks 'are becoming more Thank you, Mr. Speaker. frequent. 1973. LEGISLATIVE JOURNAL-HOUSE 305

In February, 1971, the editor of an underground As stated by five newspapers, two news maga­ paper was jailed. In December the Washington zines and three television networks in a letter to bureau chief of the Los Angeles Times spent time Chicago Mayor Richard Daley which 'asked for a inside a jail cell and the past fall a Newark News full and impartial inves!Ugation by distinguished reporter was incarcerated for 20 days for pro­ and disinterested citizens: tecting his news sources. "Newsmen were repeatedly singled out by po­ If these jailed newsmen-who are being looked lieemen and deliberately beaten rolrl harassed. upon as martyrs by some of their colleagues­ Cameras were broken and film was destroyed. The gained anything from the lonely hours of confine­ obvious purpose was to discourage or prevent re­ ment, it was to firmly establish in the minds of porting of an important confrontation between po­ their future confidential news sources that identi­ lice 'and demonstrators which the American public ties will not be disclosed-regardless of conse­ has the right to know about." quences. On Dec. 1, 1968, the National Commission on the But press associations all over the nation see the Causes and Prevention of Violence sharply criti­ stepped up jailing of newsmen as a threat to these cized the Chicago Police Department for ,the Demo­ confidential sources and fear they will dry up. cI'atic Convention assaults on newsmen and re­ Investigative reporters for all forms of news ported that of 300 newsmen covering the event, 63 media find it essential to develop sources within reporters and photographers had been physically police, governmental and radical agencies. attacked by police. And in order to develop these informants, they That, in the eyes of newsmen 'around the wodd, must be 'able to guarantee that identities will be was censorship 'at the source in its most violent held in absolute confidence, since disclosure of in­ form. formants' names could lead to job dismissal or per­ Yet the most 'severe attacks on press freedom haps even jail terms. yet to come were in a less violent manner. The sources are needed tlO gain information on When the 91st ges,sion of Congress convened in undisclosed policy which could prove embarrassing Washington Jan. 3, 1969, no less than 47 of its to elected officials, corruption, abuse of the powers members had experience in journalism but no of the office or ineptness. legislation was passed setting up safeguards for It is news that the public has a right to learn the press freedom America had taken for granted but it is not the type those f,acing embarrassment for so long. would readily make 'available. Perhaps it was because there were few then As early as 1967 the American Newspaper Pub­ who had come to believe there was a threat to lishers Association issued a report indicating its the First Amendment right. Examples became members were beginning to have serious reserva­ more frequent after that. tions about the unassailability of the free press During a Nov. 15, 1969, antiwar demonstration concept. in the nation's capital, David K. Shipler, a New The report, the product of 'a two-year study by a York Times reporter, was arre1sted by police while committee headed by D. Tenant Bryan, publishe,r taking notes on the arrest of demonstrators. of the Richmond (Va.) Times-Dispatch, defended Early in 1970, Federal Communications Commis­ press coverage of crime news and opposed restric­ sioner Nicholas Johnson criticized the Nixon Ad­ tions or censorship at the source of the news. ministration and its "wave of government sub­ The press is ,a "positive influence ,in assuring a poenas" for reporters' confidential information and fair trial," the report maintained and the presump­ unused television film, maintaining the nation's tion that pre-trial news is prejudicial "is based news media has "an absolute right" to refuse the om conjecture 'and nnt fact." demands for the information or material. But the report dealt with only one small segment But Commissioner Johnson's view ooncerning of the overall press spectrum~that of writing prosecutors and the press prov;ed, as later events news about crimes and suspects in custody before were to show, that he was in the minority of their trials. judges, prosecutors and even the administration A month later, touching on the same subject, he was serving. the President's Commission on Law Enforcement A ray of hope was interjected less than two and Administration of Justice said guarantees of months after Johnson's commen1s when U.S. Dis­ a free press and a fair trial "must be scrupulously trict Court Judge Alfonzo J. Zirpoli signed an order preserved." in San Francisco sharply limiting the govern­ Yet it went on to 'say that police, prosecutors, ment's power of subpoena on a New York Times bar associations and the courts must adopt stan­ correspondent who had been covering activities dards "as to the kind of information that properly of the Black Panthers and other militant black may be released to the news media." groups. To some, this sounded extremely fair. His order was in response to a subpoena handed But to alert news executives the suggestion that Earl Oaldwell, the Times newsman, seeking to "standards" be adopted to guide what "properly havie him appear before ,a grand jury probing the may be released" represented a hitherto unknown Black Panthers. control. After a short interval, Vice President Spiro T. The following year, during the Democratic Na­ Agnew fired off a new salvo in his many barrages tional Convention in Chicago, the assault on the against the press when he criticized certain news­ press took on more personal and physical aspects. papers, magazines and editorial writers by name 306 LEGISLATIVE JOURNAL-HOUSE February 13,

-the same ones who had written or published dry up previously fluent confidential news sources articles critical of the Nixon Administration. out of a fear of exposure. Georgia Gov. Lester Maddox, who gained fame Even befme the high court's ruling, the Bub­ by brandishing 'an ax handle to prevent blacks poena of reporters' notes had become common­ from entering his instant fried chicken restaurant place. In the wake of the ruling there's been a demonstrated shor'!ly thereaHer hel shared. Ag­ literal flood of the documents. new's jaundiced view of the press but tha,t his ap­ Between 1969 and the middle of 1971 no less proach was different. than 121 subpoenas were issued for information, He picketed the offices of two Atlanta news­ notes or film clips from Columbia Broadcasting papers while carrying a placard denouncing the System alone. editorial view of the papers which opposed a Most television netwoiTksand sta,tions feel films special and costly special ses,sion of the Georgia already shown over the air are in the public Legisla,ture. domain, the same as back copies of newspapers The next day, by coincidence, Caldwell again and rarely hesitate to hand them over to investiga­ was in Judge Zirpoli's court but this time the re­ tive bodies. sults were markedly different. He was convicted But they strongly resist-thus the subpoenas­ of civil contempt for refusing to tes1tify before the turning over the outtakes (film footage taken but grand jury probing the Black Pfanthers. not used over the ,air because of editing decisions). Sometime later an appeals court in Frankfort, It is generally the outtakes which contain the in­ Ky., ruled that Paul Branzberg, reporter for the formation prosecutors are after. Louisville Courier-Journal, did not have to reveal After the high court decision, Caldwell reduced his confidential source but that he must disclose the overall press-gov:ernment situation to what he information provided by that source to 'a grand believed was its barest essentials when he said: jury investigating marijuana. "The issue in my case was very simply­ Seven days after the Branzberg ruling, the whether I could function as a reporter or whether Massachusetts Supreme Court decided that Paul I would have to be a government agent or spy." Pappas, ·a TV newsman, had to answer questions Some newsmen are disturbed that all too many before a grand jury investigating the Black potential sources will look at reporters in pre­ Panthers. The questions pertained to information cisely that light~as 'an unwilling but fmced agent he learned from confidential sources within the of the government who ultimately could testify Panthers. against the source. Caldwell, Branzberg and Pappas, although none UnderstandedlY,a flurry of bills has been sub­ was aware of ilt at that time, were to share a com­ mitted in Congress since the high court's decision, mon destiny that was to come on June 29, 1972, all aimed at protecting a reporter's right to pro­ in the highest court in the land, with one of the teat the identity of his sources. most profound press vs. freedom decision in None has passed. America's history. Currently there are nearly two dozen bills in When the day of destiny arrived, the U.S. Su­ the legislative hopper, including one submitted by Sen. Richard S. Schweiker. preme Court ruled in a 5 to 4 decision that jour­ nalists have no constitutional right to refuse to Some members of the press, however, feel the very ,act of proposing legislation of that nature is testify before grand juries about information they gained in confidence. an admission that the Constitution by itself doesn't guarantee a free press after all-and this is some­ The decision was on the cases of Caldwell, thing they are not ready to admit Branzberg and Pappas. Among the bills pending congressional action, In the majority opinion written by Justice White, the full spectrum of feelings on how to protect it was noted "... the public interest in pursuing press freedom is covered. and prosecuting those crimes reported to the Eighteen states have shield laws on their press" took precedence over the public interest. books to protect reporters from having to dis­ Justice White added that only bad-faith at­ close confidential sources, including Pennsylvania. tempts by prosecutors to harass reporters could But a state law cannot control federal agencies come under constitutional censure. or grand juries. Thus they do not apply when the That sweeping decision is the single act most investigative agency is federal. discussed by those who fear freedom of the press SUPREME COURT is threatened. SHATTERS SHIELD One view of the atmosphere to be created by the high court's decision was advanced by Anthony The landmark Supreme Court decision which Amsterdam, Stanford University law professor has done more to cast doubt on what most of the who was one of Caldwell's lawyers. nation once believed was a sacrosanct, constitu­ "Now every snot-nosed young assistant district tional guarantee for a free press, came in the heat attorney in charge of a grand jury feels he has of the summer last year. nothing to worry 'about. He goes ahead and sub­ But the heat which since has been brought to poenas a reporter without deciding on the desir­ bear on investigative reporters and newsmen far ability of doing so." surpasses the temperature outside the Supreme G. Frederick Taylor, managing editor of the Wall Court chambers that June 29. Street Journal, vtews the opinion as a cer,tainty to In the court's sweeping decision, five of the nine 1973. LEGISLATIVE JOURNAL-HOUSE 301

members held that the constitution doesn't make Thus, Pappas appealed that decision to the U. S. a reporter immune from questions on the source of Supreme Court. his information and that he can be jailed for re­ But after considering the appeals in all three fusing to disclose the names of those sources. cases, the nation's official interpreter of the Con­ Three reporters were j ailed since that decision. stitution held. "... the public interest in pur­ Two others were given prison sentences even be­ suing and prosecuting those crimes reported to fore the high court made the ruling. the press .. ." took precedence over the public The controversial ruling, squeaking through by interest in some future news that might not be the weight of one vote, came as a shock to many divulged to reporters if confidentiality were com­ newsmen 'and news executives who always be­ promised. lieved the First Amendment guaranteed im­ Thus wrote Justice White for the majority. munity. Justice Stewart, in a minority opinion, warned Most surprised of 'all were the three newsmen that the government might try ". .. to annex on whose cases the decision was made-Earl Cald­ the journalistic profession as an investigative arm well, New York Times; Paul Branzberg, Louis­ of the government." ville (Ky.) Courier-Journal, and Paul Pappas, New And in response to the warning, Justice Powell Bedford, Mass. television newsman. wrote for the majority that" ... the solicitude The three men arrived at the high court that repeatedly shown by this court for First Amend- summer day by different routes and from different ment freedoms " should dispel such fears. parts of the nation. But they had one thing in common which bound them together and made their separate cases ideally suited for the singular Editorial ruling. CONSTITUTION REPEALED? Each had refused to provide information or Nearly 186 years ago the framers of the U.S. names gained in confidence while preparing news Constitution gathered in Philadelphia to affix stories. their signatures to one of the most historic and Caldwell, San Francisco correspondent for the profound documents of our nation. Times, was convicted of civil contempt in the Since then, although amended many times, it summer of 1970 by a federal district court judge. has withstood the test of time. With its built-in His crime was refusing to testify before a grand facets for change and its designation of the jury investigating black militant organizations. Supreme Court as the agency for interpretation, The jury wanted to talk with Caldwell to see the document displayed the foresight of the 39 what he had learned in confidence while doing men who authored it. stories on black militant groups. Those men came from many walks of life. In November of the same year the U.S. Court There were lawyers, planters, merchants, busi­ of Appeals for the San Francisco area vacated the nessmen, public servants and at least one college contempt judgment against Caldwell and the U.S. president. Justice Department filed an appeal with the Su­ The men knew that the best way to preserve preme Court. a democracy was to guarantee freedom of the Branzberg,an investigative reporter for the press. Louisville newspaper, was the author of a number This they did with the first of the 10 original of stories on drugs and drug abuse. A jury in­ amendments. vestigating drug abuse wanted to ask him what Now that portion of the amendment dealing he learned in confidence while talking to drug with a free press is under attack. users. It is threatened as never before in history. He refused, claiming the constitutional guaran­ News reporters are jailed with a sickening regularity. tee for freedom of the press gave him the right Lazy or inept prosecutors are relying more and to do so. more on the investigative abilities of reporters­ An appeals court in Frankfort, Ky., however, by force of the subpoena-for information they held that while he did not have to name his con­ cannot obtain with their highly paid staffs of fidential sources, he was required to provide in­ investigators. formation on marijuana from those sources to the Reporters are being forced to hand over their grand jury. notes, tapes, films and, even more cutting, the Branzberg appealed to the Supreme Court. names of their confidential sources. Seven days after the Frankfort court ruling, the Jail cells await those who refuse to betray the Massachusetts Supreme Court handed down a de­ confidentiality of those sources. cision in the case of Pappas, who had refused to It's happening in America today. answer questions before a grand jury on what Much of it represents a deliberate effort by a he'd learned while interviewing members of the gun-shy administration to stifle dissenting views Black Panthers. or editorial opinions which reflect unfavorably on The state's highest court held, "We adhere to the policy decisions by those on top. view that there exists no constitutional newsman's This administration wants a "friendly" press. privilege either qualified or absolute, to refuse to "Friendly" is defined in this context as either appear and testify before a court or grand jury." praising the administration or remaining silent. 308 LEGISLATIVE JOURNAL-HOUSE February 13,

Exactly the same as captive nations. PERMISSION TO ADDRESS HOUSE Not all of the motivation to ignore free press Mr. VANN requested and obtained unanimous consent guarantees is coming from the administration, to address the House. however. Mr. VANN. Mr. Speaker, last week I introduced legis­ Some seems to be a more or less evolutionary lation authorizing the city of Philadelphia to hold a in nature. public referendum to determine if its citizens would The highest court in the land made it abun­ favor the creation of a special citywide gambling com­ dantly clear in a sweeping decision the past June mission with the power to establish and operate any 29-reporters have no constitutional protection form of gambling it feels would be beneficial. when it comes to disclosing sources and they in­ In the past several years, legalized gambling has deed can be jailed for refusing to provide those emerged as a major source of revenue for state and local names. governments. An example of this is the new state lottery in Pennsylvania. Funds from the lottery have enabled Clearly, America needs the safeguards of a the state to finance the 60 million senior citizens property democracy only a truly free press can provide. tax assistance program and to provide free public trans­ Equally as clearly, congressional legislation is portation for senior citizens throughout the Common­ needed to spell out press freedom. wealth. Some purists argue that the constitutional In the meantime, however, we all are aware of the guarantee exists uppermost and that to enact many financial problems that plague the city of Phila­ additional legislation aimed at press freedom delphia, especially in the area of education. would be tantamount to an admission that the In an effort to meet that crisis, a number of proposals constitution really doesn't provide freedom of the have been made dealing with gambling. One bill has press after all. called for the legalization of the possibility of an off­ On the other hand, the constitution always track betting program in Pennsylvania. There has been has stood for equality of the sexes but Congress much talk in Harrisburg about a bill that would legalize decided that to provide such equality an amend­ dog racing. All of these would bring much needed money ment was necessary. into the city of Philadelphia for important programs such as education. That amendment was passed, and it now is It is still a problem of morality and whether the people making the rounds of state houses while pro­ want to approach their financial problems through legal­ ponents attempt to have two-thirds of all states ized gambling or whether they would rather seek out ratify it. other methods. This is the purpose of my bill-to give We subscribe to the latter argument. the people of Philadelphia a chance to state their prefer­ While the constitution does provide press free­ ence through a public referendum. dom, new laws are necessary to uphold that con­ The bill pertaining only to Philadelphia is two-fold. stitutional guarantee. First, it woulcf authorize the city of Philadelphia to create Without those laws the so-called American free a gambling commission to oversee any and all possible press will continue to suffer through the deliber­ gambling programs. But before such a commission could ate and evolutionary erosion process. be established, it would have to be approved by the electorate in a referendum. The question that would be These are perilous times. put to the voters in such a referendum would be: "Do Times when, without realizing it, Americans you favor the creation of a gambling Commission for the stand to lose the most effective safeguard of de­ establishment and operation of all types of gambling?" mocracy-a free press beholden to no man, ad­ The referendum would be authorized at the first citywide ministration or point of view. election following enactment of the bill if two percent or more of the electorate sign a petition asking for such QUESTION OF PERSONAL PRIVILEGE a question on the ballot. Mr. Speaker, we are all aware that in Philadelphia we The SPEAKER pro tempore. The Chair recognizes the are now in the sixth week of a school strike-a school gentleman from Dauphin, Mr. Hepford. For what pur­ strike that is paralyzing the education of all of the chil­ pose does the gentleman rise? dren of Philadelphia. There are those who would advo­ Mr. HEPFORD. I rise to a question of personal pr~vi­ cate an assessment on property; there are others who lege. say it is not necessary. I say, Mr. Speaker, if this bill The SPEAKER pro tempore. The gentleman will state were passed-and I very vehemently oppose taxation of it. any kind because I think that the people in Pennsylvania and the people in Philadelphia are taxed enough and, Mr. HEPFORD. Mr. Speaker, I would like to be re­ therefore, there are other means by which we can pro­ corded on the master roll call. vide revenue to our school district in Philadelphia if I was out of my seat at the time the vote was taken on only we would take a different approach. This bill is a House bill No. 110. Had I been in my seat, I would have different approach. voted in the affirmative. I listened very attentively to our rural colleagues here Also, on the Kennedy motion to suspend the rules today and they said they understand the other problems, authorizing the Speaker pro tempore to sign a bill, I the urban problems. I hope that we do this. would like to be recorded as voting in the affirmative. It is peculiar that this bill was overlooked by the The SPEAKER pro tempore. The remarks of the gentle­ press and the news media last week and no mention was man will be spread upon the record. made of it except in one paper, The Philadelphia Daily 1973. LEGISLATIVE JOURNAL-HOUSE 309

News, which attempted to make a joke out of the bill and writer. Secondly, I thought that the Governor was divert the whole purpose and intention of the bill from largely making his presentation not to the members of the what it was meant to be to a question that there were House and Senate but to the voting public next year. odds that the bill would not get out of committee. Thirdly, I heard from the Governor some of the same old Mr. Speaker, I do not see it as such because there are emotional propaganda that I have heard before in budget suburban, rural and urban legislators in this body who presentations, that is, we will have tax relief, we will have educational problems also. The question is not have exemptions for the poor, we will have business tax whether it will get out of committee; the question is, cuts, we will have property tax relief for the poor, we will this body pass such a bill? I stand before you today will have reform of real estate assessments, we will have stating that never has there been a problem that affected free public transportation, and on and on ad infinitum. the rural legislators, the miners, conservation, gamblers All of this, Mr. Speaker, of course, was packaged up or even hunters that I have not cast my vote for. by the Governor in a very nice package with Christmas So I would hope that we do not get caught up in this colors and tied in a very neat ribbon; and, of course, the thing that the bill is a joke, as this particular paper tried cost of that total budget would be $6.62 billion to the to make the Philadelphia public believe. taxpayers of Pennsylvania. I would hope this bill would get immediate attention. On the surface, Mr. Speaker, the Governor's presenta­ It is not a political bill. It is not a Republican bill, and tion, where he said that this particular proposed budget it is not a Democratic bill. It is a bill of morality, a bill was only $175 million more than the current fiscal year that immediately, if brought out of committee, would we are in, sounds very good to the taxpaying public. certainly attempt to alleviate the crisis and some of the However, if you take a closer look at the bUdget, if serious problems that we in Philadelphia have in educa­ you look a little bit deeper than the printed word, if tion without taxing the people. you look a little bit deeper than the two volumes which I would ask you very humbly to give this bill all of were presented to us as the proposed budget for the next your consideration. I would ask this body to immediately fiscal year, you will find some very interesting things, understand what we as urban legislators are trying to Mr. Speaker. say when we propose such bills to this body. First off, if you take the three funds which constitute It is not a joke bill; it is not an issue of whether it the Commonwealth's budget in any given fiscal year­ will get out of committee. It is an issue that will resolve first, the General Fund, second, the Motor License Fund, the question of children in education, the question of and, third, the capital budget which ends this fiscal housing, the question of unemployment, all of the im­ year on June 30-and using the administration's own portant questions which are so vital to us who live in projections for this fiscal year, you will find that the Philadelphia. total outlay will be somewhere in the neighborhood If, by chance, any of you other legislators do not feel of $6.455 billion. that it affects you, then it does not, because this bill does In his remarks to the joint session, Mr. Speaker, the not propose that it be given in any county but Philadel­ Governor said, "How did we arrive at the point where phia, and it further proposes the fairest and most justi­ it is possible for me to urge a cut in taxes?" And he fiable way that any issue should be solved, and that is, went on in that quote to say, "We have streamlined by placing it before the people. government, we have put a brake on expansion of many I would ask your support on such a bill. programs, and we have eliminated much waste, duplica­ Thank you. tion and outright inefficiencies." This nameless, faceless "we" that the Governor refers PERMISSION TO ADDRESS HOUSE to in his remarks to us, I suppose, are the men who he has here in Harrisburg. Mr. KESTER requested and obtained unanimous con­ Let me say, before the Governor breaks his own arm sent to address the House. patting himself on his back, let us look at a few things Mr. KESTER. Thank you, Mr. Speaker. that he very conveniently overlooked and that he very Mr. Speaker, it was only last Tuesday that the Gov­ conveniently did not emphasize too much to the people ernor presented to a joint session of the General As­ of Pennsylvania in his budget presentation. sembly his proposed budget for the next fiscal year, and already I find myself embroiled with some individuals First off, there is $150 million of this year's current and some people of the Commonwealth over that par­ budget which will be a nonrecurring item in next year's ticular budget. And even though too much has not been bUdget, that being the $150 million for flood relief. said on the floor relative to the Governor's budget pre­ Second, it is suggested that the state will receive some­ sentation to us members of the House and the Senate in where in the neighborhood of $118 million in Federal joint session, I find in the news media that it has been revenue-sharing funds. characterized as "a budget which breaks tradition, and Third, if you peruse through the Governor's message so should the legislators"; I found it characterized as a little bit, you will find that he proposes a $100-million "the budget, some cash in your pocket, property relief bond issue for highway maintenance work. for the aged"; I found it characterized in other areas in Fourth, if you take his projection that this year's other papers as one of the greatest budgets that has been budget will be in excess of last year's by $175 million and presented to the Commonwealth. That may be so, Mr. if you total the first three items-$150 million in flood Speaker, but I am not too sure that it is the absolute relief, $118 million in revenue sharing and $100 million truth. for a proposed bond issue-and you program them into Last Tuesday as I sat and listened to the Governor's the estimated budget for this coming year, you will find presentation to the joint session, three thoughts went that the Governor will have at his disposal, or has at his through my mind very quickly. First, I thought the disposal, $368 million to play with which he did not have Governor has latched on to a very darn good speech in 1972-73. 310 LEGISLATIVE JOURNAL-HOUSE February 13,

Who is the Governor trying to kid when he reports to in time. The Governor has discharged his constitutional me, to the joint session and to the people of Pennsylvania obligation to furnish to this General Assembly an outline that "We have streamlined government, we have put a of what the receipts for the forthcoming fiscal r;eriod are brake on expansion of many programs, and we have going to be and what the contemplated expenditures eliminated ... waste, duplication and outright inefficien­ should be. He has never indicated to us that those recom­ cies"? mendations constitute anything other than recommenda­ Let us suppose that none of these items I just previously tions. He has never indicated to us that what he has mentioned comes about. Let us suppose, God forbid, that been telling the General Assembly constitutes a mandate. Pennsylvania should have another disaster this year or in The majority leader last week said that the budget will 1974 like Hurricane Agnes. There goes that $150 million be framed by the General Assembly. In my response to out the window. Let us suppose that for some unknown the majority leader's remarks, I agreed with him and I reason Federal revenue sharing should fall through. There said indeed the budget would be framed by this General goes that $118 million out the window. Let us suppose Assembly. And to try and cast the color of a dictatorial that the voters deny the Governor his proposed bond message by the Governor to this General Assembly in issue. There goes that $100 million out the window. And terms of telling us we have got to accept what he has let us not forget the fact that the to,tal budget for the proposed is entirely out of place. next fiscal year, as proposed by the Governor, will add up Ordinarily, I do not think that the kind of patently to $175 million more than this current fiscal budget. partisan approach made by the gentleman, Mr. Kester, Now what does this all add up to if you put it all to­ deserves response, but there were certain inaccuracies gether? Let me suggest that it adds up to $543 million in his observations that need to be corrected. For instance, more spending in the next fiscal year than is currently he talks about the rise in general fund spending not being being expended or purported to be expended in this 2.6 percent but 9 percent. fiscal year. Now I have heard this kind of charge leveled before, Now come on, Governor, who are you kidding with a and it is highly inaccurate. If you will measure the total statement like "like business, like government"? What outlay of state dollars expended last year against the you have really done, Mr. Governor, is to use to your total outlay of state dollars that is proposed for the advantage a set of circumstances that no other Governor forthcoming fiscal period, if you are any kind of math­ in this Commonwealth has ever had at his disposal. You ematician, you will find that it comes to precisely 2.6 have twisted them around; you have applied them to percent. your proposal; and then you told us and the people of How do the Republicans arrive at nine percent? I am Pennsylvania what a great guy and what a great job you going to tell you how they arrive at it. And this is a very have done. And now, like some benevolent uncle, you cute kind of approach, talking about cute kinds of will let us poor relatives share a few pennies called tax approaches. What you do is include in the increased ex­ relief. penditures all of the funds that are coming from Federal Now you say, Governor, your budget represents only revenue sharing. And I would call to your attention that a 2.6-percent increase over current outlays. But I say the moneys that we are getting from the Federal Gov­ to you that without the circumstances before mentioned, ernment are nothing other than Federal augmentations. your budget represents a total of a nine-percent increase We have never included Federal augmentations at any over current outlays or, in hard cash, over $500 million time in the past for the purpose of calculating what the more in spending in the next fiscal year than is currently percentage increase in total state expenditures was. being spent in this fiscal year. We get, for instance, additional dollars each session In your closing remarks, Governor, you said to the from the Federal Government for welfare and a whole joint session of the General Assembly, and I quote: host of other programs in which We participate with the "Now, before the desire to bring about a tax cut turns Federal Government. When we calculate the amount of into a stampede, let me issue this warning. I," meaning increase and the amount of expenditures by the state, you, "will not be a party to a maneuver which would we do not include those Federal augmentations. Why cripple the state by cutting taxes so deeply that Penn­ suddenly does the Republican Party include this $118 sylvania would be forced back into the ... bankrupt million? Another little cute gimmick that you have used: position in which I found it." In figuring the total rise in dollars between last year's Let me say this to you in closing, Mr. Governor-since outlay of state dollars and what is proposed to be ex­ I will probably be taken to task before this thing is pended in the forthcoming fiscal year, you have not closed today-as one member of the House of Representa­ given any accounting to the deficiency appropriations. tives, and only speaking for myself and only speaking as You started off with the base, Mr. Speaker, of last year's one member, the General Assembly of this Commonwealth dollars as proposed by last year's budget, but where do is vested with the responsibility of drafting the Com­ you figure into your calculations the deficiency appropria­ monwealth's spending program, not you, Mr. Governor. tions that at this moment total $54 million and may even You only propose; we enact. And that budget will be go higher? what 128 men and women elected to represent their What you have got to do is take last year's proposed constituents in this hall or in the other body say it will budget, add to that the deficiency appropriations of $54 be, and not what the "holy writ" the Governor proposed million, and then figure the difference. If you do that and to us may be. if you count the Federal revenue sharing as an augmen­ Thank you. tation, you will find that the percentage increase is only The SPEAKER pro tempore. The Chair recognizes the 2.6 percent. minority leader. Now, you talk about the expenditure of the Federal Mr. FINEMAN. Mr. Speaker, I know of no salutary revenue money as if it is money that is not under re­ purpose that the gentleman's remarks serve at this point straint, as if it is money that we are just free to do with 1973. LEGISLATIVE JOURNAL-HOUSE 311 as we please, as if it is money that is not factually ac­ phia Home for Incurables. Now, they were given $25,000 counted for by the Governor. last year and they were given $25,000 the year before. Nowhere, for instance, in your remarks do you pay Why did not the Governor provide $25,000 in the budget any attention to the Park decision which mandates the for the Philadelphia Home for Incurables in the present Commonwealth of Pennsylvania to educate all emotion­ year? This is typical of the kind of omissions we may ally and mentally retarded children, which we have not find in this budget. Are we going to be able, for instance, been doing. This is a decision that we have got to man­ to stand still and allow all of the schools of higher edu­ date. This is going to cost $14 million. The Governor cation to get by, or to try to get by, on the same amount of said we will take that $14 million out of the $118 million money we provided for them last year? That is not even of Federal revenue sharing. a status quo proposition because these schools are ex­ Nowhere in your remarks do I see you make an ac­ periencing the same kind of escalating cost increases as counting for the $35 million that the Governor wants to every housewife is experiencing. These schools have taken set aside for filling potholes. Would you suggest that we on more students and these schools are in a bind, and if raise automotive fees or the gasoline tax to do this? Or they were to go to tuition increases they could very well is it not better that we use this Federal revenue sharing be depriving a lot of Pennsylvania children from the op­ for that particular purpose? portunity of getting a higher education. And it may very Nowhere in your remarks do you account for the $51 well be that together we will decide that these schools million that the Governor is setting aside for contingencies should get more money. that we may have to be confronted with that may cause In essence, what I am saying to you, Mr. Speaker, is, let additional state expenditures by virtue of the Federal cut­ us stop the partisan babbling. Let us get down to the real back and freeze by virtue of the President impounding important business of intelligently analyzing what the moneys that have been appropriated by the Congress. And Governor has given us, make a close analysis of it, either I pointed out last week that we may very well have to approve or reject what he said to us without all of the pick up the tab in this state to allow working mothers to partisan cackling and going into antics and capers on this continue to be working mothers, which they can only ac­ floor. It serves no useful purpose. complish by having their children in day care centers. If we do this, this is $6 million. POINT OF ORDER Now let us get back to the facts, Mr. Speaker. The facts The SPEAKER pro tempore. The Chair recognizes the are these: The Governor has, indeed, brought a business­ gentleman from Lehigh, Mr. Eckensberger. For what like approach to government in the Commonwealth of purpose does the gentleman rise? Pennsylvania. It is a fact, for instance, that cannot be dis­ Mr. ECKENSBERGER. Mr. Speaker, I rise to a point puted that welfare is going to cost $45 million less or $50 of order. million less in the coming fiscal period than it is costing in The SPEAKER pro tempore. The gentleman will state this fiscal period, by virtue of the fact that we have re­ his point of order. duced the caseload by 45,000 cases. And how was that re­ Mr. ECKENSBERGER. Would the Chair refer to rule duction effected? By the implementation of businesslike 17, regarding the order of business under which this House approaches; by project SWEEP; by using the banks to dis­ shall operate, and advise the members where we are in burse funds to welfare recipients so that we have elimi­ the context of the order of business? nated a great deal of the duplication and the fraud. The SPEAKER pro tempore. For the information of the Why, as a matter of fact, there is a disparity of only $9 House, we are currently between items 14 and 15. million between what you say-what your side says-can be effected in the way of savings as a result of the imple­ Mr. ECKENSBERGER. Mr. Speaker, the reason that I mentation of the recommendations of the Governor's busi­ raise this inquiry is that it just seems to me that there is ness management review committee and what we say can nothing in the order of business that would permit us the be effected in terms of savings. happy hour. I am not necessarily objecting to that, but I know that all of us want to abide by the rules that have This is a fact. You 'cannot ignore that. And it is a fact been established by the members. Before the members that the Governor has proposed a reduction-I do not should be subjected to any debate which it does not wish know whether it is all too wise that this proposal has been to hear, it seems to me that this ought to be made a made, but it is a fact that he has proposed a reduction­ special. order of business as the rules do provide for and, in the personal income tax from 2.3 to 2.1 percent. And therefore, we ought to vote on it, Mr. Speaker. it is a fact that he has proposed a reduction in the CNI tax from 11 down to 10 percent. And it is a fact that he The SPEAKER pro tempore. For the information of inherited almost $500 million in unpaid bills when he took the gentleman, all of the speakers have been speaking office. And it is a fact that he has brought us out of that under unanimous consent. Anytime any member wishes fiscal morass by prudent management, by prudent han­ to withdraw that unanimous consent, he may certainly do dling of government finances. so, even though the Chair would ask that it not be done Now, the Governor may not be all-correct. Who has because it is something that I think should only be done the panacea for all government ills? Who is so much a in a very rare circumstance. magician that he can say to the General Assembly, this is Mr. ECKENSBERGER. Mr. Speaker, I am not going to the best that can be done? I do not know if it is the best withdraw my unanimous consent; however, I am wonder­ that can be done. We are going to look at it. If we can ing whether the rules provide for speaking under the do better, we will do better. If we can pare, we will pare. unanimous consent concept and, if so, where do the rules It may very well be that the Governor has not provided so state? enough. For instance, today, in just leafing through the The SPEAKER pro tempore. The consent to speak on budget, I made an observation that there is no provision this floor, I think, is granted by something higher than for a mere $25-thousand appropriation for the Philadel- the rules and it would be the constitution of this Common- 312 LEGISLATIVE JOURNAL-HOUSE February 13,

wealth, and a member may speak at any time as long as how you slice it-that he has available in this budget that unanimous consent is granted by his fellow members. he did not need for the last budget. You can apply it, cut Mr. ECKENSBERGER. Mr. Speaker, do I understand it, put it any place you want to, the point is, as far as I that that is the ruling of the Chair or a constitutional am concerned, as one member, the Governor did not mandate? streamline-maybe in the case of welfare he has done a The SPEAKER pro tempore. The Chair will refer to few things-government. He has not cut out waste and the last paragraph of rule 10, and I quote: "With the inefficiency to that amount. He has not done a lot of unanimous consent of the House a member may make a the other things he wants the people of Pennsylvania to be­ statement not exceeding ten minutes in length concerning lleve he did. And I only say this: In my opinion, this a subject or matter not pending before the House for con­ budget that he presented to us, even though it is only a sideration, providing the Majority and Minority Leaders proposal to the General Assembly, is as phony as a three­ have agreed on a time the member is to ask for recog­ dollar bill, Mr. Speaker, and you know it. nition." Mr. ECKENSBERGER. A question, Mr. Speaker. Have The SPEAKER pro tempore. The Chair recognizes the the majority and minority leaders so consented? minority leader. The SPEAKER pro tempore. It is the Chair's under­ Mr. FINEMAN. I find it quite laughable that the gentle­ standing that as long as a member is speaking with unani­ man should complain about the 'very partisan treatment in mous consent that they have agreed. the press to the Governor's budget message. That is a Mr. ECKENSBERGER. I thank the Chair. novel situation in terms of this current administration. The SPEAKER pro tempore. The Chair recognizes the The reason that the press reported favorably on the Gov­ ernor's budget presentation and the reason why your own gentleman from Delaware, Mr. Kester. majority floor leader said that it was a document of res­ Mr. KESTER. Mr. Speaker, I do not want to particular­ traint, which it is, is not because he is having different ly take any more of the time of the members of the people write his speeches these days. He has not changed House who may be a little bit irritated because of my his speech writers, Mr. Speaker. It is the same crew in remarks or maybe I have touched a nerve that was very there who are writing the speeches. The reason is that sensitive to them. I sat here and listened to many other the substance of what he had to say was meaningful to speakers make remarks today. Some of the stuff I did not the people of this state and reflected both the Governor's want to hear either, but I did not get up and make a point concern for filling the unmet needs of the people of this :>f it. state while at the same time reflected his concern for Let me answer the minority leader in this way: It may fiscal economy and fiscal stability. Now, even if I were to anneal', Mr. Speaker, that I was being very partisan in grant your point-and obviously you are wrong on your my remarks. I did not mean to be. I hope you did not percentage increases-that there is a nine percent in­ take them that way. I have found, since last Tuesday, the crease, in spite of the fact that when you analyze the reports in the press as they carried the budget presentation figures you see it is really 2.6 percent, even that merits' and the remarks of the Governor were very partisan. I commendation, because if you look at all the previous found, in perusing the Governor's remarks to us, the years' increases, you will see that they range 16 percent, written remarks, that he was taking a pretty bi'4' chunk 18 percent, 20 percent, and as high as 24 percent. This is of the credit for what has been going on in this Common­ the history of budget increases over the last 20 years, and wealth as far as the financial situation is concerned. I for the first time, for the first time in these 20 years, the do not remember the Governor ever putting a vote here budget has only increased 2.6 percent, or even granting on the tote board or in the Senate for programs that your point of view, nine percent. And for the first time passed. It seems to me it was the House members and in 25 years-yes, for the first time in 25 years-there is a the Senate members. suggestion from the administration that we reduce taxes And still the fact recurs, Mr. Speaker, that no matter across the board. And you say the Governor was not on how you cut this budget and how you apply the figures, this floor pulling levers, why should he take credit? Why the old adage that liars figure and figures do not lie or he properly can take credit because this General Assembly figures lie and liars figure still comes into play. But the had nothing to do at all with implementation of the recom­ fact of the matter still remains- mendations of the Governor's Business Tax Review Com­ The SPEAKER pro tempore. The Chair would ask the mittee, which were done administratively. There 'are gentleman to please confine his remarks. I know the some of those recommendations that require legislation. gentleman did not mean exactly what he said, but when We have not passed any of those yet, but the $95 million the printed word is read, it could be read in the wrong savings that is wrapped into this budget all came about '~I"""! light. ,- through administrative action. The $45 or $50 million that Mr. KESTER. Well, if that is read in the wrong light, we are saving through Project SWEEP and the dispensing Mr. Speaker, I will abide by the Chair, but there have of public assistance checks at banks, that is all administra­ been a lot of people who have been reading that for a lot tive action. And there has been a general tightening up of years. of the operation of all departments and all bureaus. I Let me finish by saying this: No matter how you cut this must give him credit for this; we had nothing to do with thing, you still come up with the three basic premises. it. And you keep referring back to $150 million nonre­ First off, in this budget there is $150 million which is curring. Now you know that is not right, Mr. Speaker. nonrecurring. Secondly, there is $118 million from Federal When we cut $150 million out of our budget last year in revenue sharing; and, third, the Governor did propose a order to make $150 million available for flood relief pur­ $100-million bond issue to the people of Pennsylvania poses, we overcut that budget, and you know now that we earmarked specifically for highway maintenance. When have been passing bills for deficiencies. Did we not pass you add all that up, it comes to $368 million-no matter bills amounting to $54 million? So at the very least we 1973. LEGISLATIVE JOURNAL-HOUSE 313 did not cut $150 million. We cut something like $96 on· corrections to consist of the following members of million, if we cut that. Now for you to say that it is a the Judiciary Committee: Messrs. Yohn, Rowe, Mrs. phony budget is just partisan pap, because at the very most Whittlesey, Messrs. Maloney, William Hutchinson, Berson, your $3.7 million ceiling compares very favorably with the Williams, Ruggiero, Wojdak, Lederer, and myself. In ad­ Governor's proposed $3.8 million. There is only a $100­ dition, other members who have expressed interest in million difference. I am sure that before we get through these problems will serve in an ex-officio capacity. wrapping up this budget, it is going to more nearly ap­ The last few years have seen many innovations within proximate $3.8 billion rather than $3.7 billion, not because the correctional field in Pennsylvania instituted by the we are spenders, but only because we want to be re­ Department of Justice, the Bureau of Corrections, and sponsible and do the right thing by the people of this state the Board of Parole. As legislators, we dare not be left and not choke off programs that are imperative to the behind. And so, we shall try to better understand that health and welfare of the people of this state. The final system and, hopefully, provide the legislative overview figures are going to be more nearly close to $3.8 billion. that we often speak of. And under those circumstances, your declaration that it We are challenged by two principal areas-the internal is a phony budget can be viewed as· nothing but a partisan workings of the institutions, and the development of an posture. effective correctional policy. There have been constant inquiries about conditions within the prisons, matters PERMISSION TO ADDRESS HOUSE such as security, morale, the absence or quality of in­ structional programs, drugs, homosexuality, the treatment Mr. SCIRICA requested and obtained unanimous con- of inmates, the status of correctional personnel, and the sent to address the House. relationships between inmates and correctional officers, Mr. SCIRICA. Thank you, Mr. Speaker. treatment officers, and department officials. I would like to make a few remarks about the cor- The Law and Order Committee of last session made a rectional system in the Commonwealth of Pennsylvania. thorough study of many of these problems and issued There is considerable controversy today surrounding valuable recommendations to the Bureau of Corrections. both the purpose and the operation of our prison system. The other area of our responsibility has received even Men and women of good wI'II, wI'th knowledge and first- less attention. This legislature must set a course towards hand experience in the correctional field, disagree sharply an effective correctional policy. There are at least two on every essential function of the penal system. The major bills in the offing this year for the creation of a only common goal that everyone can agree on is the unified department of corrections and the "good time" reduction of crime, especially violent crime, and the con- bill. We expect to examine the efficacy of an inde- sequent lessening of fear that will allow everyone to terminate sentencing policy and also the form and specific live securely. structures of the institutions themselves. We shall also A corollary aim is the reclamation of those persons reexamine the prerelease community treatment and fur- who, either by design or by circumstance, live outside lough programs. Hearings on the furlough programs will society's precepts. be scheduled shortly. At a time when the term "prison reform" is thrown vVe expect to do whatever is necessary to inform our­ out as a panacea for the sickness of a violent society, selves about these problems and we welcome the assist­ g we must be wary of being misled. We are only deludin ance of any of the members of this House. ourselves if we expect prisons or even correctional prac- Thank you, Mr. Speaker. tices to do the job that society itself, with infinitely more resources at hand, has already failed to do. We are beginning to understand the limits of public QUESTIONS OF PERSONAL PRIVILEGE policy in the correctional field. This does not mean that we abdicate our responsibilities. We pass laws proscrib­ The SPEAKER pro tempore. The Chair recognizes the ing certain conduct and fixing penalties for their viola­ gentleman from Blair, Mr. Wilt. For what purpose does tion. Offenders are dealt with in a way that we hope the gentleman rise? tends to emphasize that the criminal act is destructive, Mr. W. W. WILT. I rise to a question of personal not only to individuals, victims, and transgressors alike, privilege. but also to society at large. The SPEAKER pro tempore. The gentleman will state it. It is difficult, however, to decide how we are to pursue, Mr. W. W. WILT. Mr. Speaker, awhile ago I was through correctional treatment, the goals of a secure called to my office and was there when the vote was society and the reclamation of individuals when we have taken on the motion to suspend the rules so that the not yet decided what we expect our criminal sanctions temporary Speaker could sign House bill No.3. Had I to accomplish. The objectives are all familiar and often been in my seat, I would have voted in the affirmative. contradictory. They are: punishment, rehabilitation and Thank you. reclamation, reducing recidivism, deterrents to others, revenge, isolation. The SPEAKER pro tempore. The Chair recognizes the We will scarcely have agreement on what constitutes gentleman from Lebanon, Mr. Rowe. the proper objectives, but we ought to develop a pretty Mr. ROWE. Mr. Speaker, may I have my name added clear idea of· what can and what cannot be done with­ to the master roll call? Also, had I been in my seat, I in our correctional system, and then. pursue the ways would have voted in the affirmative on House bill No. we can accomplish our goals. 110, printer's No. 251. For these reasons, Mr. Warren Spencer, chairman of The SPEAKER pro tempore. The remarks of the the Judiciary Committee, has appointed a subcommittee gentlemen will be spread upon the record, 314 LEGISLATIVE JOURNAL-HOUSE February 13,

The SPEAKER pro tempore. The Chair recognizes the vides a social center for senior citizens and works to minority leader. reduce tensions between ethnic groups. Now therefore, the House of Representatives of the Mr. FINEMAN. Thank you, Mr. Speaker. Commonwealth of Pennsylvania, commends the Phila­ I have but a brief observation to make in response to delphia Italian-American Civil Rights League for its the gentleman, Mr. Scirica. efforts to alleviate anti-Italian discrimination and ex­ presses its thanks to the League for its many civic I want Mr. Seirica to know that I share his sense of services in the Philadelphia area; apprehension completely about the state of our peniten­ and further directs that a copy of this citation be de­ tiary system and our whole penal program. I want him livered to Anthony Corbi, Coordinator, Italian-American to know that the Governor also shares this concern. And Civil Rights League, Philadelphia, Pennsylvania. it was for this reason, Mr. Speaker, that the Governor JAMES J. TAYOUN recommended in his budget additional funding so that matters such as security and facilities and programs COMMENDING MARK DONOHUE could be developed and implemented, looking to the end HOUSE OF REPRESENTATIVES result that you desire to see accomplished. We all want to see this accomplished. We all want to get away from WHEREAS, Mark Donohue of Media, Pennsylvania was recently named the Most Courageous Athlete of 1972 by the idea of merely warehousing human beings and tak­ the Philadelphia Sports Writers. He is a graduate of ing them, allegedly, out of harm's way until they have Brown University with a degree in mechanical engineer­ served the required number of years meted out to them ing and is one of the sport's premier engineers and drivers as was evidenced by hi.s victory in the 1972 Indi.anapolis by the sentencing judge. 500. Last summer he narrowly escaped death when a Now if you have programs, Mr. Speaker, to have car he was testing spun out of control at Road Atlanta. security, to have all these innovative ideas, to bring about Three months later when he was back behind the wheel what you and I want to see accomplished, it is going to with specially modified controls another crash in Minne­ sota again nearly took his life. cost some money. The Governor has provided for this Now therefore, the House of Representatives of the little extra money in his budget. It is one of the few Commonwealth of Pennsylvania, extends its highest com­ programs where he has made some recommendations for mendation to Mark Donohue upon his being named Most Courageous Athlete of 1972 and encouragement to con­ additional funding. But I saw nothing in the proposal tinue to exhibit such courage and dedication; coming from your side of aisle in the $3.7-million ceiling and further directs that a copy of this citation be de­ that made any provision for this additional funding. And livered to Mark Donohue, 27 Lakewood Drive, Media, I would hope that when we finally get around to evolv­ Pennsylvania. HERBERT K. ZEARFOSS ing the final figures, you would keep this fact in mind. MATTHEW J. RYAN FRANK J. LYNCH The SPEAKER pro tempore. The Chair recognizes the EDMUND JONES gentleman from Montgomery, Mr. Seirica. ,JOSEPH W. DORSEY Mr. SCIRICA. Mr. Speaker, I thank the minority leader 8rrAl\JLEY R. KE~'T'RR for his expression of support and I look forward to work­ THOMAS H. WORRILOW ing with him on this particular project. CONGRATULATING lVrR. AND MRS. RAYMOND SHOUP CITATIONS HOUSE OF REPRESENTATIVES The following citations were read, considered and WHEHEAS, Mr. and Mrs. Raymond Shoup celpbraf<'d adopted: their Golden Wedding Anniversarv on Januarv 20, 1973. They are the parents of four chilrlrpn and have eight EXPRESSING SYMPATHY TO THE WIFE OF grandchildren and t.wo l'!reat-grannchildren. DAVID FORSYTH Now therefore, the HOllse of Represen+atives of the Commonwealth of Pennsylvania, congratulates Mr. and HOUSE OF REPRESENTATIVES Mrs. Raymond Shoup on the occasion of their fjftip+h wedding anniversary and wishes them much good health WHEREAS, David Forsyth, veteran newscaster of and many more hapny years of JTlarriage: . Channel 12, WICU TV, recently passed away. He was 'md fl1rt.her directs that a coPy of this cit"ltjnn be de­ widely known and recognized for his civic leadership and service to his fellowman. livered to Mr. and Mrs. Raymond Shoup, 75 East Main Now therefore, the House of Representatives of the Street, Ringtown, Pennsylvania. Commonwealth of Pennsylvania, notes with sadness the WILLIAM K. KLINGAMAN passing of David Forsyth and takes this opportunity to offer its deepest sympathy to his wife, Mrs. David Forsyth. CONGRATULATING CLIFFORD T. SCHLAGEL and further directs that a copy of this citation be de­ livered to Mrs. David Forsyth. HOUSE OF REPRESENTATIVES DAVID S. HAYES WHEREAS, Clifford T. Schlagel of Saint Titus Post 2622, Boy Scouts of America, will be promoted to the rank -of Eagle Scout on February 25, 1973. As well as COMMENDING THE PHILADELPHIA ITALIAN­ excelling in scouting on the local level, Clifford com­ AMERICAN CIVIL RIGHTS LEAGUE peted in the Scouting Olympics held in Denver and ad­ vanced to the final round in archery competition. HOUSE OF REPRESENTATIVES Now therefore, the House of Representatives of the WHEREAS, The Philadelphia Italian-American Civil Commonwealth of Pennsylvania, congratulates Clifford T. Rights League has been waging a battle against anti­ Schlagel on earning the rank of Eagle Scout and com­ Italian discrimination in the Philadelphia area. Accord­ mends -him for his dedication to the highest ideals of the ing to coordinator Anthony Corbi, the League has been Nation, as evidenced by his efforts in attaining this award; mainly focusing its attention on job discrimination and and further directs that a copy of this citation be de­ the use of the word "Mafia" which tends to imply that livered to Clifford T. Schlagel, East Norriton Township, organized crime is an Italian-American phenomenon. The Norriton, Pennsylvania. League also sponsors youth sports teams in the eity, pro- PATRICK J. McGINNIS 1973. LEGISLATIVE JOURNAL-HOUSE 315

THANKING LT. MERNE O. BEDSWORTH held at the Norvelt Firemen's Club and Community Center on Sunday, January 28, 1973. HDUSE OF REPRESENTATIVES Now therefore, the House of Representatives of the Commonwealth of Pennsylvania, commends "Franco's WHEREAS Lt. Merne O. Bedsworth freely donated en~rgy Italian Army" for its outstanding efforts on behalf of time and to help alleviate suffering following the the March of Dimes and expresses its hope that the recent, devastating flooding of Pennsylvania. This was group will continue to lend its enthusiastic support to one of the many examples of Pennsylvanians extending a such worthwhile projects; helping hand to those left homeless and destitute by and further directs that a copy of this citation be Hurricane Agnes. delivered to Anthony D. Stagno, Commander-In-Chief, Now therefore the House of Representatives of the Franco's Italian Army, Pittsburgh, Pennsylvania. Commonwealth ~f Pennsylvania, expresses its heartfelt gratitude and deep thanks to Lt. Mern~,o. Bedsworth f~r EUGENE SALOOM a job well done in one of Pennsylvama s most traumatIc hours of need; ... and further directs that a copy of thIS cItatIOn be de­ CONGRATULATING FRANK SUCHARSKI livered to Lt. Merne O. Bedsworth, 1300 Crestmont Drive, HOUSE OF REPRESENTATIVES Downingtown, Pennsylvania. WHEREAS, Frank Sucharski is the conductor of the SAMUEL W. MORRIS American Legion Marching Band of Bridesburg Post No. 821. Through his dedication to his fellowman, he has THANKING ERIC HAWKINS provided musical entertainment to countless veterans of the United States Naval Hospital and the Veterans Hos­ HOUSE OF REPRESENTATIVES pital and to members of the community. Now therefore, the House of Representatives of the WHEREAS Eric Hawkins freely donated time and h~lp Commonwealth of Pennsylvania, extends its congratula­ energy to alleviate suffering .followiJ?g the recent, tions to Frank Sucharski for his unselfish service and devastating flooding in PennsylvanIa. ThIS was one of dedication to music and the entertainment of others and many examples of Pennsylvanians extending a helping encouragement to continue his interest and involvement hand to those left homeless and destitute by Hurricane with the American Legion Marching Band of Bridesburg Agnes. . f h Post No. 821; Now therefore the House of RepresentatIves 0 t e ~f and further directs that a copy of this citation be de­ Commonwealth Pennsylvania, expresses its heartfelt livered to Mr. Frank Sucharski. gratitude and deep thanks to Eric Hawkins for a job well done in one of Pennsylvania's most traumatic hours FORTUNATO N. PERRI of need; and further directs that a coPy of this citation be de- DUL livered to Eric Hawkins, 230 Price Street, West Chester, COMMENDING MR. AN MRS. R SSE L F. HOFFMAN Pennsylvania. HOUSE OF REPRESENTATIVES SAMUEL W. MORRIS WHEREAS, Mr. and Mrs. Russell F. Hoffman have faith­ CONGRATULATING JOHN W. STAYT, JR. fully served the citizenry and business community of Schuylkill Township for the past fifty years, having been HOUSE OF REPRESENTATIVES wed on January 27, 1923 at St. John's Lutheran Church in Phoenixville, Pennsylvania. Mr. Hoffman has been em­ WHEHEAS, John W. Stayt, Jr. of Troop No. 305, Boy ployed by the Spring City Bleach and Dye Company for Scouts of America, was recently promoted to the rank approximately forty years in addition to being active in of Eagle Scout. St. John's Lutheran Church and community affairs. Mrs. Now therefore the House of Representatives of the ~f Hoffman, the former Eva Batzel of Paulboro, , Commonwealth Pennsylvania, congratulates John W. with unending devotion served in WCTU and was instru­ Stayt, Jr. on earning the rapk of Eagle !Scout ~nd com­ mental in forming the Ladies Auxiliary of the Oddfellows. mends him for his dedicatIOn to the hIghest Ideals of Now therefore, the House of Representatives of the our Nation, as evidenced by his effort in attaining this Commonwealth of Pennsylvania, commends Mr. and Mrs. award; Hoffman for their devotion and dedication to community and further directs that a copy of this citation be de­ and church activities and congratulates them on their fif­ livered to John W. Stayt, Jr., 177 Windmill Road, Willow tieth wedding anniversary and wishes them health and Grove, Pennsylvania. happiness in future years; CHARLOTTE D. FAWCETT and further directs that a copy of this citation be de­ livered to Mr. and Mrs. Hoffman, 246 Morgan Street, Phoenixville, Pennsylvania. CONGRATULATING WILLIAM FRIES RICHARD T. SCHULZE HOUSE OF REPRESENTATIVES WHEREAS, William Fries of Troop No. 666, Boy Scouts CONGRATULATING THE DUNCANNON RECORD of America, was recently promoted to the rank of Eagle HOUSE OF REPRESENTATIVES Scout. . f h Now therefore the House of RepresentatIves 0 t e ~f WHEREAS, The Duncannon Record is celebrating its Commonwealth Pennsylvania, congratulates William one hundredth anniversary this year. Since its birth, the Fries on earning the rank of ~agle ~cout and c;omme?ds weekly newspaper has been noted for its extensive and him for his dedication to the hIghest Ideals of this Nahon, unbiased reporting of the news and its record of service to as evidenced by his efforts in attainin~ th.is ~ward; the community. and further directs that a copy of thIS cItatI?n be de­ Now therefore, the House of Representatives of the livered to William Fries, Hatboro, PennsylvanIa. Commonwealth of Pennsylvania, congratulates The Dun­ CHARLOTTE D. FAWCETT cannon Record on the occasion of its one hundredth an­ niversary, commends the newspaper for its outstanding record during those years and expresses its hope that the COMMENDING "FRANCO'S ITALIAN ARMY" paper continue its fine record for many years to come; HOUSE OF REPRESENTATIVES and further directs that a copy of this citation be de­ livered to The Duncannon Record, Duncannon, Pennsyl­ WHEREAS The world famous "Franco's Italian Army" vania. gave tremendous support and assistance to the March of FRED C. NOYE Dimes Campaign of the qreater Mount ?leasant Area. DAVID M. TURNER The group aided in the BIg March of DImes Marathon JAMES W. KNEPPER 316 LEGISLATIVE JOURNAL-HOUSE February 13,

CONGRATULATING THE CITIZENS OF their fifty-fifth wedding anniversary on January 26, 1973. WESTMORELAND COUNTY They are the parents of five children and have nineteen grandchildren and two great-grandchildren. HOUSE OF REPRESENTATIVES Now therefore, the House of Representatives of the WHEREAS, The County of Westmoreland was created Commonwealth of Pennsylvania, congratulates Mr. and two hundred years ago by act of the General Assembly of Mrs. Charles W. Snyder on the occasion of their fifty­ Pennsylvania and is therefore celebrating its Bicenten­ fifth wedding anniversary and wishes them much good nial Anniversary from July 8 to July 14, 1973. The county health and many more happy years of marriage; initially comprised virtually the whole. o~ Southwestern and further directs that a copy of this citation be de­ Pennsylvania. Old Hanna's Town, the ongmal county seat livered to Mr. and Mrs. Charles W. Snyder, 305 Union of Westmoreland County, was the first English court west Street, Whitehall, Pennsylvania. of the Alleghenies. The town was almost completely de­ WILLIAM H. ECKENSBERGER stroyed by fire in ~n Indian rai~ d~ring the last c;lays of the American RevolutIOn and the SIte IS presently bemg located CONGRATULATING MR. PAUL J. FRANTZ by archaeologists. . Now therefore the House of Representatives of the HOUSE OF REPRESENTATIVES Commonwealth of Pennsylvania, congratulates the citizens of Westmoreland County on the occasion of the County's WHEREAS, Mr. Paul J. Frantz will retire on June 30, Bicentennial Anniversary and salutes Westmoreland CoUI~­ 1973 as Principal of Emmaus High School after having ty for the vital role it played in the early history of thIS served the district for over thirty-three years. Mr. Commonwealth; Frantz has made significant contributions in the field of and further directs that a copy of this citation be de­ secondary education as a teacher, counselor, and adminis­ livered to the Westmoreland County Bicentennial Asso­ trator and has enjoyed the respect and confidence, not ciation, Greensburg, Pennsylvania. only of his fellow educators, but also of his students and the entire community. JOHN F. LAUDADIO Now therefore, the House of Representatives of the AMOS K. HUTCHINSON Commonwealth of Pennsylvania, congratulates Mr. Paul JOSEPH A. PETRARCA J. Frantz on his long and distinguished career in the field JOHN P. MURTHA of secondary education and wishes him good health and A. JOSEPH VALICENTI happiness in his retirement; EUGENE SALOOM and further directs that a copy of this citation be de­ LEE C. TADDONIO livered to Mr. Paul J. Frantz, Emmaus, Pennsylvania. C. L. SCHMITT JAMES J. MANDERINO JOSEPH R. ZELLER COMMENDING HARRY "WHITEY" ANDERSON CONGRATULATING ARCHIE GREEN HOUSE OF REPRESENTATIVES HOUSE OF REPRESENTATIVES WHEREAS, Harry "Whitey" Anderson has been dedi­ WHEREAS Archie Green was installed as a member of cated to and has supported throughout his lifetime many Grape City Lodge No. 1073 of the International Order of charitable causes. Moreover, there is no organization that Odd Fellows on February 9, 1923 and is therefore ob­ has received more support from this man than the North­ serving his fiftieth anniver~ary. Mr.. q.reen,. Northeast Philadelphia. hobby of visiting the sick. Now therefore, the House of Representatives of the Now therefore the House of Representatives of the Commonwealth of Pennsylvania, extends its highest com­ Commonwealth 'of Pennsylvania, congratulates Archie mendation to Harry "Whitey" Anderson for his unselfish Green on the occasion of his fiftieth anniversary as a service and lifelong dedication to the people and particu­ member of Grape City Lodge No.. 1073 .of the Inter­ larly the youth of our community and offers its encour­ national Order of Odd Fellows and wIshes b,Im good health agement to continue his interest and involvement in the and many more happy anniversaries; ... community; and further directs that a copy of thIS CItatIOn be de­ and further directs that a copy of this citation be de­ livered to Archie Green, Shadduck Road, R. D. 2, North­ livered to Harry "Whitey" Anderson. east, Pennsylvania. FRANK A. SALVATORE FOREST W. HOPKINS COMMENDING THE CHARACTERS EAST CONGRATULATING MR. AND MRS. EMORY REPPERT HOUSE OF REPRESENTATIVES HOUSE OF REPRESENTATIVES WHEREAS, The Characters East are a cultural enter­ WHEREAS Mr. and Mrs. Emory Reppert celebrated tainment group that has been providing exceptionally fine their golden 'weddi!?-g anniversary (;)ll Decem~er 11, 1972 entertainment and cultural enrichment for the East Sub­ with a party in theIr home for famIly and fnends. They urban communities of Allegheny County. Their talents are the parents of four children and have eight grand­ and contributions to the communities have long been taken children and two great-grandchildren. for granted and failed to achieve the recognition they so Now therefore, the House of Representatives of the deserve. Commonwealth of Pennsylvania, congratulates Mr. and Now therefore, the House of Representatives of the Mrs. Emory Reppert on the occasion of their fiftieth wed­ Commonwealth of Pennsylvania, extends its commenda­ ding anniversary and wishes the~ much good health and tions to The Characters East for their cultural contribu­ many more happy years of marnage; ... tions to our society and encouragement to long continue to and further directs that a copy of thIS CItatIOn be de­ provide our communities with such fine entertainment; livered to Mr. and Mrs. Emory Reppert, 115 North Ninth and further directs that a copy of this citation be de­ Street, Coplay, Pennsylvania. livered to The Characters East. WILLIAM H. ECKENSBERGER RICHARD J. FRANKENBURG

CONGRATULATING MR. AND MRS. CONGRATULATING RONALD CHRISTOPHER CHARLES W. SNYDER PETRARCA HOUSE OF REPRESENTATIVES HOUSE OF REPRESENTATIVES WHEREAS, Mr. and Mrs. Charles W. Snyder celebrated WHEREAS, Ronald Christopher Petrarca won the 1972 1973. LEGISLATIVE JOURNAL-HOUSE 317

Punt, Pass and Kick Contest in the eleven-year-old cate­ livered to Jack E. Hunter,211 Vassar Avenue, Swarthmore gory. Chris' triumph in the national competition was Pennsylvania. ' televised during half-time activities of the Pro Bowl Game EDMUND JONES on January 21, 1973. He was sponsored in the competition by Bonnarigo Ford Sales of Blairsville, Pennsylvania. CONGRATULATING DOMENICK AND Now therefore, the House of Representatives of the LENA SCARDETTO Commonwealth of Pennsylvania, congratulates Ronald Christopher Petrarca on winning the 1972 Punt, Pass and HOUSE OF REPRESENTATIVES Kick Contest in the eleven-year-old category and wishes him equal success in all future sporting endeavors; WHEREAS, Domenick and Lena Scardetto celebrated thei!, fiftieth wl':dding anniversary on February 5, 1973. and further directs that a copy of this citation be de­ TheIr happy unIOn has been blessed by three children livered to Ronald Christopher Petrarca, R. D. 3, Blairs­ and five grandchildren. These two people are highly re~ ville, Pennsylvania. spected by friends, neighbors and acquaintances as repre­ JOSEPH A. PETRARCA senting the finest in American life. AMOS K. HlUTCHINSON Now therefore, the House of Representatives of the ROBERT C. WISE: Commonwealth of Pennsylvania, extends its best wishes JOHN F. LAUDADIO and congratulations to Domenick and Lena Scardetto on their Golden Wedding Anniversary and wishes them many more happy and healthy years together; CONGRATULATING MRS. ANNA JOSEPHINE RYAN and further directs that a copy of this citaHon be de­ livered to Mr. and Mrs. Domenick Scardetto, 819 Guen­ HOUSE OF REPRESENTATIVES ther Avenue, Yeadon, Pennsylvania. WHEREAS, Mrs. Anna Josephine Ryan will celebrate JOSEPH TED DOYLE her seventy-fifth birthday on March 31, 1973. She has one son, three daughters, sixteen grandchildren and one great­ grandchild. She will be honored by her many friends and COMMENDING ROBERT H. STEVENS relatives at a reception on April 1, 1973. HOUSE OF REPRESENTATIVES Now therefore, the House of Representatives of the Commonwealth of Pennsylvania, extends its congratula­ WHEREAS, The Lansdowne Borough Council recently tions to Mrs. AnTIla Josephine Ryan on the celebration of proclaimed March 21, 1973 as "Bob Stevens Day." The her birthday and wishes her continued happiness and good proclamation states that Mr. Stevens, a former Lansdowne health; -Aldan School Board Pre8ident, has offered "over 40 years of de~icated labors on behalf of our citizenry." The proc­ and further directs that a copy of this citation be de­ lamatIOn honors Mr. Stevens for the civic contributions livered to Mrs. Anna Josephine Ryan, 1236 Wycombe from many of the borough organizations made under his Avenue, Darby, Pennsylvania. leadership and direction. JOSEPH TED DOYLE Now therefore, the House of Representatives of the Commonwealth of Pennsylvania, joins in commending Robert H. Stevens for his over forty years of dedicated CONGRATULATING CHARLES W. (CHUCK) TANNER service to the citizens of Lansdowne; and further directs that a copy of this citation be de­ HOUSE OF REPRESENTATIVES livered to Mr. Robert H. Stevens, 185 W. Plumstead Avenue, Lansdowne, Pennsylvania. WHEREAS, Charles William (Chuck) 'Danner of Neshan­ nock Township, Lawrence County has distinguished him­ JOSEPH TED DOYLE self as manager of the Chicago White Sox baseball team in the American League. CONGRATULATING WILLIAM S. CONOVER, II Taking over the team in late 1970 he has in little more than two years, by his hard work, keen knowledge of HOUSE OF REPRESENTATIVES baseball and admirable ability to work with people, de­ veloped his team into a pennant contender. These achieve­ WHEREAS, William S. Conover, II admirably served as ments and abilities have contributed to his being named a director of the Upper St. Clair Township Board of Edu­ Manager of the Year for 1972 in the American League. cation from July, 1966 until May, 1972; and Now therefore, the House of Representatives of the WHEREAS, He was elected to the Congress of the Commonwealth of Pennsylvania, extends its congratula­ United States in a special election on April 25, 1972 to serve tions to Charles W. (Chuck) Tanner on the distinction of the remainder of the term of the late United States Repre­ being named Manager of the Year, wishes him and his sentative Jim Fulton; and team success in the 1973 season; WHEREAS, Bill Conover served with distinction as a and further directs that a copy of this citation be de­ member of Congress from the Twenty-seventh Congres­ livered to Charles W. (Chuck) Tanner. sional Distrkt of Pennsylvania from May 24, 1972 through December 31, 1972, when that district was abolished be­ DONALD W. FOX cause of the Congressional Reapportionment. THOMAS J. FEE Now therefore, the House of Representatives of the Commonwealth of Pennsylvania, congratulates William S. Conover, II for his outstanding service to his community, CONGRATULATING JACK E. HUNTER his Oongressional DistriJCt and the United States of Amer­ ica and urges him to continue in public service to hilS HOUSE OF REPRESENTATIVES fellowman; WHEREAS, Jack E. Hunter of Swarthmore recently re­ and further directs that a copy of this citation be de­ tired as Vice-President of Fidelity Bank after spending his livered to lVIr. William S. Conover, II. entire career in banking. Mr. Hunter is married to Eliza­ ·JAY R. WELLS beth Hunter and resides at 211 Vassar Avenue, Swarth­ H. SHELDON PARKER more, Pennsylvania. JOSEPH W. KNEPPER Now therefore, the House of Representatives of the LEE C. TADDONIO Commonwealth of Pennsylvania, congratulates Jack E. illCHARDJ.FRANKENBURG Hunter on his long and distinguished career in banking JAMES B. KELLY and wishes him good health and happiness in his re­ JOSEPH V. ZORD tirement; ROBERT F. BURKARDT and further directs that a copy of this citation be de- RICHARD J. CESSAR 318 LEGISLATIVE JOURNAL-HOUSE February 13,

BILL REPORTED AS AMENDED ADJOURNMENT HOUSE BILL No. 71 By Mr. WESTERBERG Mr. KUSSE moved that this House do now adjourn un- til Tuesday, February 14, 1973, at 1 p.m., e.s.t. An Act amending "The Vehicle Code," approved April 29, 1959 (P. L. 58, No. 32), providing for registration fees On the question, for school buses and the disposition of certain fines and forfeitures. Will the House agree to the motion? Motion was agreed to, and (at 5:23 p.m., e.s.t.) the House Reported from Committee on Transportation. adjourned.