July 7, 1969 EXTENSIONS. OF REMARKS 18497 E.XTENSIO·NS OF' REMARKS THE FOURTH OF JULY What is the battle cry today? The through the old port of Idianola, brought same as it was in 1776, in 1865, and all up in a devout Catholic home with five the great years of American history: brothers and two sisters on the banks of HON. MARIO BIAGGI "That all men are created equal, that San Pedro Creek in the near West Side of OF NEW YORK San Antonio, was a late living embodiment they are endowed by their Creator with of the greatness that is America. When he IN THE HOUSE OF REPRESE~TATIVES certain unalienable rights." died suddenly and peacefully on Columbus Monday, July 7, 1969 Let us go forth to insure the realim­ Day, 1968, at the height of a brilliant career, tion of this noble idea, in the name of he entered not only into the rolls of Saints Mr. BIAGGI. Mr. Speaker, our na­ the men it is a God-given honor to re­ of God, which was his first concern, but tional holidays are occasions of more call and revere, today and every day. into the halls of honor especially reserved than passing interest to anyone familiar for those who combine the great lawyer, the with American traditions, for they rep­ great public servant, the great judge, the resent the wisdom of the past, all of great Texan and the great American. which is vital to our current under­ Educated after Catholic secondary schools standing. TRIBUTE TO JUDGE PAUL J. at St. Mary's University in San Antonio and KILDAY Georgetown University Law School in Wash­ There is, for instance, a lesson to be ington, D.C., Paul Kilday returned to his learned from the grand tradition of the beloved. San Antonio to begin his professional Fourth of July: That the magnificence HON. RALPH YARBOROUGH career, in which he was soon joined by his of American nationality could never have OF TEXAS lovely, delightful and able wife, Cecile New­ been secured without unity-the willing­ ton. From his marriage to this charming and ness to submerge all minor disagree­ IN THE SENATE OF THE UNITED STATES highly competent woman, sister of the fabled Monday, July 7, 1969 former San Antonio sheriff Alfonso Newton ments in the interest of the common Jr., he was blessed with two loving and good. Mr. YARBOROUGH. Mr. President, lovely daughters, Mary Catherine and Betty This surely is one lesson that ·we, as a I call to the attention of the Senate Ann, who were always his love and his de­ people, have learned. the passing of a former Member of Con­ light. On this occasion-Independence Day, gress and a great Texan, Judge Paul As a dynamic and effective practitioner 1969-all Americans close ranks, free of J. Kilday. His record of public serv­ in the firm of Kilday and Howard, his per­ discord, in response to the stirring pres­ ice stands as a tribute to patriotism and formance was such that he was the obvious sures of the moment and the clarion call and only conceivable choice for the post of love of his country. His preeminence First Assistant Criminal District Attorney of our national destiny. Political fac­ on military affairs and military justice at the beginning of the reform administra­ tions mean nothing on this day, for while serving from 1939 to 1961 on the tion of Criminal District Attorney John R. there is in the air the sound of universal House Armed Services Committee was Shook on January 1, 1935. It was then that rejoicing that this land, our Nation, re­ earned through his efforts for the major I became his colleague and his intimate and mains free and unswervingly devoted to military measures of our time, among devoted friend while we were fellow prose­ defense of freedom everywhere. them historic paybills and the extreme­ cutors in the Criminal District Court of Judge In keeping with the bipartisan nature W. W. McCrory. Those were great days with ly important Uniform Code of Military a great lawyer. Paul Kilday was first and last of the day, it is appropriate, I think, to Justice. His proven knowledge, ability, a lawyer. His reverence for the law; his high recall the views of Abraham Lincoln, the and fairness led to his appointment by dedication to the noblest ideals of the pro­ first Republican President of the United President John F. Kennedy in 1961 to fession; his energy and imagination in in­ States, respecting the basic political the Court of Military Appeals. His syn­ vestigation and preparation; his almost clair­ ideals of Thomas Jefferson, the first thesis of the need for law and order voyant brllliance in tactics, strategy, and Democratic President. In setting forth, in military organizations with the equal­ cross-examination; and his Old Testament as author of the Declaration of Inde­ ly pressing need for fair trial and due prophet force and sincerity in summation pendence, the propos1tion that "all men made him t~e greatest trial lawyer I have process has earned for him a place in ever known-looking back over this now are created equal," Jefferson won the the hearts of men serving in the mil­ three and one-half decades at the bar. Our undying respect of Lincoln who said in itary. work together through more than three hun­ this regard: His honors, befitting his labors, were dred contested jury trials of hand-picked All honor to Jefferson-to the man who. many: the Air Force Association's Ci­ cases saw less than a dozen acquittals-and in the concrete pressure of a struggle for tation of Honor, the Army Times Ac­ with severe prison sentences and seven death national independence by a single people, complishment Award, honorary mem­ penalties saw a dramatic decline in the crime had the coolness, foresight, and capacity to rate and the murder rate in Bexar County. introduce into a merely revolutionary docu­ bership in the Fleet Reserve Associa­ When they tell you punishment doesn't deter, ment, a.n abstract truth, appllcable to all tion, the Honor Bell by the Military don't you believe it. Paul Kilday knew better. men and -all times, and so to embalm it Order of the Carabao, honorary life Yet he was a man of great kindness, there, that today, and in all coming days, membership in the Reserve Officers As­ warmth and compassion. There lives in San it shall be a rebuke and a stumbling block sociation, the Veterans' of Forei~ Wars Antonio today a good, sound citizen who to the very harbingers of reappearing tyr­ Gold Medal of Merit and an honorary was under a death penalty for a senseless, anny and oppression. unprovoked murder in an East Commerce doctor of laws degree from St. Mary's Street bar. Paul Kilday called me in the No one could say it better than Abra­ University in San Antonio, Tex. late hours one night and said: "That is not ham Lincoln; many have seen fit to sec­ He was a man of stature, strength, a death penalty case. We can't live with ond his remarks and to join in his praise courage, patience, and wisdom. He was ourselves 1f he dies. We must go to the of Jefferson, who in fact sounded a ral­ a man of great love for his family, his Board of Pardons and Parole." We left in lying cry for all mankind, that is still, community, his State, his country, in­ the hours before dawn the next morning today, heard around the world. deed, for all men. He was a great Amer­ for Austin. We asked the Board to com­ ican. mute the sentence and they did. We all are well aware that the forces In a fabulous campa.ign in which he as­ of evil and corruption are fully as ener­ Mr. President, I ask unanimous con­ sumed the fam111ar role of prosecutor and getic as those of peace and decency, law sent that the article, "Paul J. Kilday, a made his opponent and the incumbent, the and order. We all are well aware that Texas Portrait" by Leroy Jeffers, pub­ late and fiery Maury Maverick, the defend­ from the moment . this country was lished in the May 1969 issue of the TeJC­ ant, Paul was elected to Congress in 1938. founded, the forces of hate, of privilege, as Bar Journal be printed in the Ex­ My principal contribution was a volume of of outr:age and mischief have endeav­ tensions of Remarks. an actually delightful (though most tact­ ored-sometimes openly, sometimes cov­ There being no objection, the article less) autobiography entitled "A Maverick was ordered to be printed in the RECORD, American" which I autographed: "To my ertly-to seize control of our Govem­ great friend, Paul J. Kilday, on the occasion ment. That they have not succeeded is as follows: · of his candidacy for Congress. 'Would that the result of a thousand battles and a PAUL J. KILDAY mine adversary would write a book.' " Paul, thousand victories by those to whom the (By Leroy Jeffers) like a prosecutor, harried Maury with extracts views of Lincoln and the views of Jef­ Paul J. Kilday, born in Sabinal of Irish from his intemperate volume throughout the ferson stand as montHllental truth. immigrant parents wllo came to Texas campaign. In a final fiurry he concluded 18498 EXTENSIONS OF REMARKS July 7, 1969 his closing campaign address in Maverick analytical mind. He loved the law. He could of an aviation trust fund, similar to the Park by shouting "It's trash" and flinging see the innermost things in the thinking highway trust fund we now have.