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E.Xtensions of Remarks February 4, 19'72 EXTENSIONS OF REMARKS 2751 The legislative clerk proceeded to call PROGRAM tion is on agreeing to amendment No. the roll. Mr. BYRD of -Nest Virginia. Mr. Pres­ 813, offered by the able· Senator from Mr. BYRD of West Virginia. Mr. ident, on Monday the Senate will con­ North Carolina <Mr. ERVIN). President, I ask unanimous consent that vene at 10 a.m. After the two "leaders · Rollcall votes are possible at any time, the order for the quorum call be re­ have been recognized under the stand­ and motions to table amendments may scinded. ing order, the following Senators will be be made at any. time and votes had The PRESIDING OFFICER. Without recognized, each for not to exceed 15 thereon. objection, it is so ordered. minutes, and in the order stated: Messrs. BROCK, CHURCH, FONG, RANDOLPH, Moss, ADJOURNMENT UNTIL 10 A.M. ON EAGLETON, HANSEN, GURNEY, and _PERCY. MONDAY, FEBRUARY 7, -1972 At the conclusion of the unanimous Mr. BYRD-of West Virginia. Mr. Pres­ ORDER FOR LIMITATION OF DE­ consent orders recogmzmg Senators BATE ON CERTAIN NOMINATIONS . iden:t, if there be no further.. business to there will be a period for the transaction come before the Senate, I move, in ac­ Mr. BYRD of West Virginia. Mr. Pres­ of routine morning business, not to ex­ -cordance with the previous order, that ident, as in executive session, I ask unan­ ceed 30 minutes, with statements limited the Senate stand in adjournment until imous consent that there be a limita­ therein to 3 minutes each. 10 a:m. on Monday next. tion of 1 hour on each of the nomina­ At the conclusion of morning business, The motion was agreed to; and (at tions appearing on the Executive Cal­ it is the intention, of the distinguished 3: 28 p.m.) the Senate adjourned until endar---Calendar No. l, Calendar No. 2, majority leader to proceed with the con­ . Monday, February 7, 1972, at 10 a.m. and Calendar No. 3-the time to be sideration of three nominations; namely, equally divided between the majority ' the nomination of John Eugene Sheehan, leader and the minority leader, or their of Kentucky, to be a · member of the NOMINATIONS designees. Board of Governors of the Federal Re­ The PRESIDING OFFICER. Is there serve System; of George H. Boldt, of Executive nominations received by the objection? The Chair hears none, and it Washington, to be Chairman of the Pay Senate February 4. 1972: is so ordered. Board; and of Mr. C. Jackson Grayson, U.S. ARMS CONTROL AND DISARMAMENT · Jr., of Texas, · to be Chairman of the AGENCY Price Commission. The following-named persons to be mem­ There is a possibility of a rollcall vote ·oers of the General Advisory Committee of THE PENDING QUESTION on one of the nominations. I cannot be the U.S. Arms Control and Disarmament sure of that, but the majority leader Agency: Mr. BYRD of West Virginia. Mr. Pres­ , thought it best to alert Senators to the Robert Ellsworth, of Maryland, vice Wil­ ident, what is the pending question be­ possibility that there might be a rollcall liam J. Casey, resigned. fore the Senate? John A. McCone, of California, vice Cyrus vote on one of the nominations. R. Vance, resigned. The PRESIDING OFFICER. The After the nominations have been Earle Gilmore Wheeler, of West Virginia, pending question is on agreeing to -considered and acted upon, the Senate vice Douglas Dillon, resigned. amendment No. 813, offered by .the Sen­ will · return to the consideration of the David Packa,rd, of California, vice Peter G. ator from North Carolina (Mr. ERVIN). unfinished business. The pending ques- Peterson, resigned . E.XTENSIONS OF REMARKS THE COURT AS A SUPER ward- the Supreme Court of the United States. ·but because court-ordered restructuring was LEGISLATURE If the court validates the reasoning in the · an expedient way to achieve the goal of racial cases, the principle of local control of.. edu- balance." cation will be a thtng of the past.· 'Public With an arrogance increasingly evident in HON. HARRY F. BYRD, JR. schools, root and branch, wm be remade the attitudes of some federal district courts, · according to judicial standards. The end re- Judge Robert R. Merhlge Jr. described his OF ~GINIA sult could be a national system of education. .revolutionary mandate as a "strict construc- IN THE SENATE OF THE UNITED STATES The first line ot cases arises from a quest tionist" Interpretation of the Constitution. Friday, February 4, 1972 for a school-by-school balance of races. In The decision in truth, whatever its merits, is what New York Timesman Tom Wicker called a radical expansion of judge-made law. Mr. BYRD of Virginia. Mr. President, a cataclysmic decision, a federal judge in And that decision, like those from Texas the January 25 edition of the Miami Richmond has ordered the consolidation of and Minnesota voiding school financing Herald included an interesting and re­ three school districts because the defendant : methods in those states, invites the Supreme district had an Insufficient number of blacks Court to preside ovet a revolution in Amerl­ flective article written by Mr. Perry Mor­ to produce a racial balance pleasing to the can government. gan, who is the editor of the Akron, court. The Texas and Minnesota decisions must Ohio, Beacon Journal. The article con­ The court thus became, in a . twinkling, be read as requiring a rough equity in the cerns the recent U.S.·District Court de­ not only a super school board but a super amount of dollars spent on each school child cision that would order the merger of the legislature. It eradicated existing political within a state. This means-instantly-more school systems of Chesterfield and Hen­ subdivisions and ordered new ones created- means of raising and dis,tributing school rico Counties, Va., with that of the city changing tax rates, creating a new school monies. - of Richmond. board, and han~~ing other details once But if ft ls unconstitutional to have dls­ thought to be the responslb111ty of the peo- parities between districts :within a state, it This Ohio editor went directly to. the ple acting through their elected representa- follows logically that no more may b~ spent heart of the matter when he wrote: tives. on the education of a child in New York than The court thu·s became, in a twinkling, An educator quoted by The Wall Street on a. chlld in Mls.sisslppl; thus, the next step not only a super school board but a super Journal ·said: "The social and educational 1s to push the power.. beyond t~e hands of legislature. implications of the Richmond decision are the state and Into the hands of the federal overwhelming. r,otentially, it could affect government. , I ask unanimous consent that the ar­ . every American. · · The most dlst\H'b1ng element in · these ticle, entitled "Judge-Made Law Threat­ True, obviously. For the court in Richmond decisions ls not that they are radical but ens All," be printed in the Extensions of was not relying on a fiJ?,~ing of official acts . that they may ·well be reckless and senseless Remarks. · of discrimination _· or . of discriminatory . as well J-qdges are expert more or less on ·1ntent. It wa.s _saying that segregation North the. la.,..;.. They ·know uttl~ about education · - There being no objection:, the article ·or South, whether the product of discrimi- and seemingly oare little about the delicate . was ·ordered to be printed in the REcoan, nation, circumstance, happenstance or free . tollows: ' choice, must be ended and, with it, any local and complex bl~nd of public. attit~des amd .as or state laws that permit it. compromises. by which public school .. sys- .. JUDGE-MADE LAW 'l:HREATENS ALL ·. ~e court dic;l n_ot say this, as 'J'he Char- terns ar~ sustai~ed by citizen _interest and .(By Perry .Morgllon) . lotte N-ews had stated; "because the three -· }aJF suppot't. _ . _ . Judieial activism~. seems .:fo ' '111ive reached .. schooi'"systeriis''were 'des1gned' :tor dlscrlmlna- ... Refe-rrtng. t9 -~h.e 'I'.ex~ ·. d~qisiciJ?-:,on _school . :. ~-ts .z~.nl~h' lii. :two li~~s 'of c~~s ~dy"ap.cing to- tQrY ·or. 1tiv1Ci1cn~s Qr ·.·unconsti~ut19naI ·ends, : -~:qancin~F.H~M"d'~ ~~.. ·-na11;~!; P_._·M_?yn?i&n ', ,,.. • • • ~ •' ' .t - • • • I • • ', • • • ' • . .. .. ... ~ ... 2752 EXTENSIONS OF REMARKS February 4, 1972 had this to sa.y in the a.nnual education sup­ that medical care, food, and other bene­ his family. At present, the prisoner is plement of The New York Times: fits for her children will decrease faster to "One may sympathize-as I do-with the only allowed visit his family in case of court's decision without having to suppose than her income increases. She must de­ emergency. that the judges had the slightest awareness cide between the well being of her chil­ On February 3, I introduced the Fam­ of t;he knowledge problems they were rais­ dren and her own self-pride. ily Visitation Act of 1972. This bill would ing, nor yet of the political problems they If we are to reverse the cycle of welfare afford prisoners in Federal prisons a 24- were bringing about by ordering the Legis­ dependency, we must rationally con­ hour furlough during each month of their lature to do something which on its own i,t struct an incentive system that is confinement subject to his or her good was clearly averse to doing." grounded on economic reality and not Similarly, lower federal courts have estab­ behavior during his or her incarceration.
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