1955 ·cONGRESSIONAL RECORD- HOUSE 1215 to serve as members of the Board of Visitors day of February 1955, at 1:30 post meridian HOUSE OF REPRESENTATIVES to the United States Coast Guard Academy and to bring with him certain and sundry for the year 1955: Hon. EDWARD A. GARMATZ; papers in the possession and under the con­ MONDAY, FEBRUARY 7,1955 Hon. LEONOR K. SULLIVAN; Hon. JOHN J, trol of the House of Representatives: There­ ALLEN, JR. fore be it The House met at 12 o'clock noon. As chairman of the Committee on Mer­ Resolved, That by the privileges of this The Chaplain, Rev. Bernard Braskamp, chant Marine and Fisheries, I am authorized House no evidence of a documentary char­ D. D., offered the following prayer: to serve as an ex officio member of the acter under the control and in the possession Board. of the Ho"use of Representatives can, by the Eternal God, our Father, in these Sincerely, mandate of process of the ordinary courts strange and troublous days, wilt Thou be· HERBERT C. BONNER, of justice, be taken from such control or especially favorable unto our President, Chairman. possession but by its permission; be it fur- our Speaker, and all the Members of ther , Resolved, That when it appears by the Congress, granting them insight and un­ BETTm M. BACON AGAINST order of the court or of the judge thereof, derstanding, wisdom and guidance. UNITED STATES or of any legal offi-cer charged with the ad­ Inspire them with a high sense of ministration of the orders of such court or duty and a fearless determination to fol­ The SPEAKER laid before the House judge, that documentary evidence in the low the ways of peace and righteousness, the following communication from the possession and under the control of the and do that which is well pleasing unto Clerk of the House: House is · needful for use in any court of Thee. FEBRUARY 5, 1955. justice, or before any judge or such legal The honorable the SPEAKER, officer, for the promotion of justice, this May the kind of civilization we are House of Representatives. House will take such order thereon as will longing and laboring for be one that has SIR: From the District Court of the United promote the ends of justice consistently with in it the Christlike spirit of justice and States for the District of Columbia the dis­ the privileges and rights of this House; be kindness, of brotherhood and love. bursing clerk of the House of Representatives it further To Thy name we ·ascribe all the has received a subpena duces tecum, directed Resolved, That Harry M. Livingston, dis­ praise. Amen. to him as such officer, to appear before said bursing clerk of the House, be authorized to court as a witness in the case of Bettie M. appear at the place and before the court The Journal of the proceedings of Bacon v. United States (civil action No. named in the subpena duces tecum before­ Thursday, February 3, 1955, was read 2384-53) , and to bring with him certain and mentioned, but shall not take with him any and approved. sundry papers therein described in the files papers or documents on file in his office or of the House of Representatives. under his control or in possession of the The rules and practice of the House of Clerk of the House; be it further MESSAGE FROM THE SENATE Representatives indicates that no official of Resolved, That when said court deterxnines A message from the Senate, by Mr. the House may, either voluntarily or in upon the materiality and the relevancy of Carrell, one of its clerks, announced obedience to a subpena duces tecum, pro­ the papers and documents called for in the duce such papers without the consent of subpena duces tecum, then the said court, that the Senate had passed without the House being first obtained. It is fur­ through any of its officers or agents, have amendment a concurrent resolution of ther indicated that he may not supply copies full permission to attend with all proper the House of the following title: of certain of the documents and papers re­ parties to the proceeding and then always at H. Con. Res. 61. Concurrent resolution ex­ quested without such consent. any place under the orders and control of tending felicitations to Michigan State Col­ The subpena in question is herewith at­ this House and take copies of any documents lege on the lOOth anniversary o! its founding. tached, and the matter is presented for such or papers and the Clerk is authorized to sup­ action as the House in its wisdom may see ply certified copies of such documents and fit to take. papers in possession or control of said Clerk BOARD OF VISITORS TO THE Respectfully yours, that the court has· found to be material and UNITED STATES MERCHANT MA­ RALPH R. ROBERTS, relevant, except mi:q.utes and transcripts of Clerk of the House of Representatives. executive sessions, and any evidence of wit­ RINE ACADEMY nesses in respect thereto which the court or The SPEAKER laid before the House The Clerk read the subpena, as follows: other proper officer thereof shall desire, so the following communication: UNITED STATES DISTRICT COURT FOR THE DIS• as, however, the possession of said docu­ . TRICT OF COLUMBIA-BETTIE M. BACON, ments and papers by the said Clerk shall not HOUSE OF REPRESENTATIVES, be disturbed, or the same shall not be re­ Washington, D. C., January 31, 1955. PLAINTIFF, V. UNITED STATES OF AMERICA, DEFENDANT-CIVIL ACTION No. 2384-53 moved from their place of file or custody The SPEAKER, under said Clerk; and be it further The House of Representatives, To: Mr. HARRY M. LIVINGSTON, United States Resolved, That copy of these resolutions be Washington, D. C. Capitol, House Disbursing Office, Wash­ transmitted to the said court as a respect­ MY DEAR MR. SPEAKER: Pursuant to Public ington, D. C.: !ul answer to the subpena aforementioned. Law 301 of the 78th Congress, I have ap­ You are hereby commanded to appear in pointed the following members of the Com­ (this court) to give testimony in the above­ The SPEAKER. The question is on mittee on Merchant Marine and Fisheries to entitled cause on the 8th day of February the resolution. serve as members of the Board of Visitors to 1955 at 1:30 o'clock p. m. (and bring with The resolution was agreed to, and a the United States Merchant Marine Academy you) the records concerning the salary of motion to reconsider was laid on the for the year 1955: Hon. FRANK W. BOYKIN, the plaintiff, Bettie M. Bacon, during the Hon. EDWARD J. ROBESON, JR., Hon. WILLIAM months of April and May of 1953 and do table. K. VAN PELT. not depart without leave. As chairman of the Committee on Mer­ HARRY M. HULL, Clerk. REPORT FROM THE COMMITTEE ON chant Marine and Fisheries, I am authorized By WM. A. YATES, RULES to serve as an ex officio member of the Board. Deputy Clerk. Sincerely, ·Date: February 4, 1955. Mr. SMITH of Virginia. Mr. Speaker, HERBERT C. BoNNER, JAMES A. WILLEY, I ask unanimous consent that the Com­ Chairman. Willey & Crooks, 925 15th Street NW., mittee on Rules may have until midnight Attorney jor Plaintiff, Washington, D. C. tonight to file a report on the Draft Act BOARD OF VISITORS TO UNITED legislation. Mr. McCORMACK. Mr. Speaker, I The SPEAKER. Is there objection to STATES 'COAST GUARD ACADEMY offer a resolution (H. Res. 132) and ask the request of the gentleman from Vir­ The SPEAKER laid before the House for its immediate consideration. ginia? the following communication: The Clerk read as follows: There was no objection. HOUSE OF REPRESENTATIVES, Whereas in the case of Bettie M. Bacon Washington, D. C., Fegruary 4, 1955. • v. The United States (No. 2384-53, civil The SPEAKER, docket) pending in the District Court of the SPECIAL ORDER GRANTED The House of Representatives, . United States for the District of Columbia, Mr. FORRESTER asked and was given Washington, D. C. a subpena duces tecum was issued by the MY DEAR MR. SPEAKER: Pursuant to section said court and addressed to Harry M. Liv­ permission to address the House for 20 194 of title 14 of the United States Code, I ingston, disbursing clerk of the House of minutes on tomorrow, following the leg­ have appointed the following members of the Representatives, directing him to appear as islative business of the day and any spe­ Committee on Merchant Marine and Fisheries ~ witness before the said court on the 8th cial orders heretofore entered. CONGRESSIONAL RECORD.- HOUSE February 'l. COMMITTEE ON THE ECONOMICS OF. The Milwaukee Association of Commerce But there is something far greater at ATOMIC DEFENSE ~, has strongly protested the President's stake than the commerce,· the comfm;t, action of. February 1, pointing out the and the convenience of the people of my Mr. BOLLING. Mr. Speaker, I ask blow that this strikes at hundreds of city and the other cities served: That unanimous consent to address the House Milwaukee tourists and businessmen. In something is the ·stern requirement of for 1 minute and to revise and extend my a telegram addressed to me, the associa~ the Civil Aeronautics Act that, wherever remarks. tion states: taxpayers' dollars are not going to be The SPEAKER. Is there objection to The growing volume of Milwaukee and wasted thereby, competition is to be en­ the request of the gentleman from Wisconsin business with Hawaii, Alaska, and couraged and monopoly frustrated in our Missouri? the Orient would be seriously affected unless air transportation.